r-- . . . ^ - . ■ ■ 'v; 'P5M 4 # c ? ^ 1 s — ENCYCLOPEDIA BRITANNICA SEVENTH EDITION. THE ENCYCLOPEDIA BRITANNICA DICTIONARY OF ARTS, SCIENCES, AND GENERAL LITERATURE. SEVENTH EDITION, WITH PRELIMINARY DISSERTATIONS ON THE HISTORY OF THE SCIENCES, AND OTHER EXTENSIVE IMPROVEMENTS AND ADDITIONS; INCLUDING THE LATE SUPPLEMENT, A GENERAL INDEX, AND NUMEROUS ENGRAVINGS. VOLUME IX. ADAM AND CHARLES BLACK, EDINBURGH; M.DCCC.XLII. ENCYCLOPAEDIA BRITANNICA ENGLAND. PART III.1 GOVERNMENT AND LAWS. Govern- L—Government. ment and Laws. Formal constitu¬ tion. “ TJY the constitution of a country, is meant so much of its law as relates to the designation and form of the legislature ; the rights and functions of the several parts of the legislative body; the construction, office, and jurisdiction of courts of justice.” This is the definition given by Paley. It seems necessary to add also, “ what¬ ever prerogatives are vested in the executiveat least, in case any powers and privileges are conferred on it beyond what, from being indispensable to the administration of the public affairs of a community, must be common alike to all executives. Even with this addition, the mere me¬ chanism of a government, in the three principal relations which it bears to its subjects, is all that is here described. Yet something more is generally understood by a constitu¬ tion, and would seem to be properly comprehended under that name. A government, it is true, may and must be influenced in a hundred ways by independent circum¬ stances, and by manifold considerations, which are no part of it. But when certain specific tendencies and principles are directly and designedly moulded into its original con¬ formation as so many distinct ends and maxims, or when they are subsequently developed by it or incorporated with it, so as to guide and qualify its spirit, they become entitled to the character of constitutional as much as the organization itself. There is no doubt that the mechan¬ ism of a government, if left to itself, will mainly determine the nature and direction of its movements; yet this me¬ chanism consists of a moral and intellectual agency. It is accordingly capable of accommodating itself, and of working in subjection to whatever rules and impulses may be impressed upon it by the society whose instrument it is. No society can be so stationary but that changes must take place, sooner or later, for the better or for the worse, in some one or other of the conditions, whether of principle or of organization, which make up its constitution. When these happen to take place, hardly any society can have been so judiciously constructed from the first, or be so fortunate in all its future circumstances, that lawyers shall be able at once to call every change which is for the worse, unconstitutional, and which is for the better, constitutional. An approximation to this favourable situ¬ ation has been one of the great and innumerable advan¬ tages of the uniform and gradual progress by which the English constitution has been distinguished. Its history is the history of the internal policy of a people, who at every advance in civilization succeeded in occupying one advanced post after another, fortifying their free position at every remove. The early prospect would have discou¬ raged the most sanguine philosopher. But the evil ten¬ dencies were suppressed, and the good ones brought for¬ ward, until the process appears to resemble the natural development by which a germ grows up into a plant, with but little occasional help from the pruning hand of man. Precisely the reverse might have happened. It is what takes place during that imperceptible decay, which, by a foolish analogy to vegetable and animal life, it has been supposed that institutions are also destined to undergo. The bulk of mankind more easily perceive that abrupt and extensive changes, the innovations by which new prin¬ ciples, or a new organization, are introduced, amount in fact, as far as they go, to a new constitution. This may be done legally or illegally. If illegally, it is a revolution ; a case which by the supposition has nothing to do with law. If legally, the letter of the law and the forms of the Govern¬ ment and Laws. Colleo'e" t'1'S ^art ^ie art*c^e t^ie Editor is indebted to William Empson, Esq. Professor of the Laws of England at the East India VOL. IX. i A 2 ENGLAND. Govern- constitution may be used for the purpose of substituting to have stated ment and ment and a WOrse as well as a better government to the extent t ia^ can nev because such a proceeding, he says, pre- , Laws- y the ancient constitution is displaced. The question, what of ’ nment t0 be dissolved. Blackstone (vol. i. name will most properly describe any specihc measure of sum S ses himgelf stiU m0re strongly to the same this class? must depend upon the nature and degiee o P- ) P government will presuppose its own the measure. There is on these occasions another ques- feet, adding, Bja^t ^gover w ^ tion for a people, prior in time, and far more important than de _ . in c'vor.nt-inn • 1 , ^ if lo tlioiv dntv tn ascertain discussions about a name. It is their duty to ascertain whether the proposed change is, under all the circum¬ stances, a practicable improvement, and to fix where t ie authority for deciding this point can, upon the whole, be aesiructiuii. auc ., .• extreme in theory nor as impracticable in execution as this language would represent. There is really no ques¬ tion in this case about resistance, nor what can reason¬ ably be called dissolution. Whilst, on the one hand, the - this p0int- Can’ c1!?11 rffnr™ law has nothing to do with possibilities belonging to the most safely lodged. A comparison of the different me a ^ t • bt 0f resistance; on the other, the thods by which the latter problem can be solved will show “ 'lmafte a"J “cr which may be lawfully resisted what little cause there is for maintaining, as some mo- dea of a supreme power y ^ of ^ # ^ W11UL little eauot. mv-.v- — --- o- dern writers are disposed to do, that the course adopted in England is too loose and arbitrary to be consistent with the positive character implied in a constitution. Three very different systems may prevail in this respect. The two first are alluded to rather than recognised in English history. Its whole tenor proceeds upon the last. Every country has at one time or another given more or less countenance, upon some favourite points, to the oe- lusion of fundamental laws and unalienable rights ; mean¬ ing by these, laws and rights incapable of alteration, except bv a violence or decay equivalent to the suspension, it not dissolution, of society. Confounding the principle of mo¬ ral and of legal obligation, Chief-Justice Hobart, fiom the bench, and Blackstone, calmly writing in his closet tor the instruction of the eighteenth century, concur in stat¬ ing that the supreme power of every state is necessarily subject to one condition. By this condition, all legislative commands against natural justice must be void in them¬ selves, that is, void in law. WTith much less latitude than has often been given to the law of nature and to the rights of man, this exception might be made to cover extensive and dangerous ground. Lord Coke, for example, has said, that a statute against Magna Charta, or one to prevent the Irish from coming into England, would be void. In tins manner the Stuarts were taught by servile judges to be¬ lieve that most of the prerogatives anciently affixed to the crown were irrevocable even by act of parliament. A similar opinion, grounded on the doctrine of the three estates of the realm, was formerly propagated concerning the episcopal right of sharing in the legislature. At the Reformation, Bishop Gardiner conceived, that m conse- auence of the forced absence of himself and his brethren, i. u TLp pvnmnle in points where it is called supreme, is of course a con¬ tradiction. Thus in an absolute government society must be remitted to its first principles before the right of popu¬ lar interposition can be recognised by it. An ordinance of Louis XIV. declared that the extinction of the family of Bourbon would raise a case of this kind, and that on the occurrence of such event the right of electing to the crown of France would revert to the French people. But limited governments stand in an entirely different posi¬ tion. Minor contingencies, far short of the transgressions which justify an appeal to arms, or of the accident which summons a nation to the Champ du Mars to agree upon a successor to a vacant throne, are part of their necessi¬ ties The entire legislature may be only supreme sub modo For under the doctrine both of fundamental laws and constitutional charters, every variety of restriction maybe imposed upon the legislature. I he prudence of these restrictions is more than problematical. But wher¬ ever a government consists of several parts possessing co¬ ordinate authority, the demand for some external control necessarily arises ; since encroachments of one part on the other must be expected ; and means ought to be arranged beforehand for bringing them back peaceably within their ^ In this manner, wherever the doctrine of fundamental laws is admitted, a sufficient authority, as, for instance, a hio-h court of justice, should be created for the purpose ot inquiring into and correcting any violation of them with which the ordinary legislature may happen to be charged. It will be necessary, besides, to chalk out, as in pri¬ mary assemblies or otherwise, the extraordinary course bv which the policy of the fundamental laws themselves rrr^eedingVwouM be of none effect 'ffe^xampie ^£l«td aTSirffctrilyTpt was followed, but equally mvam, ^“yfredhimrelf plied by the founders of the United States. But they are which the bishops were excluded, although some ot them attended and voted against it, to be ipso facto null. I he more intelligent a nation really becomes, the less likely is it thus to presume in favour of the political optimism of its at r j . , c j lish constitution is not established on any strictly tunua- mental laws, and still less are any specific questions re¬ served by it for the direct intervention of the people. But there are analogous dilemmas which may arise under it as - orop former times No ; limited and a mixed monarchy. Many, indeed most, of own or of foimer times. Jo net o ^ J tbese dilemmas appear to be left open to the chances ot thb/i^thVforce of invading arms in 1066, or in the au- unnecessary aggravation, by the want of some similar ar- thing in t fe inuc nr ;n anv length of raneement. A government, composed of several members thonty o. „ee;Vp o-pnprf tions with distinct powers, can only exist as such on the suppo- prescription whatsoever, to disable successive generations from exercising their own discretion respecting the pro¬ priety of their existing institutions. Another plan is to set apart, in a written charter or de¬ claration, certain excepted cases. The high matters which are the chosen objects of this deliberate sanction, are con¬ ceived to acquire thereby the privilege of being placed beyond the control of the ordinary legislature, and of being reserved for the direct volition of the body of the people. Locke, in treating of the right of popular resistance, seems with distinct powers, can only exist as such on the suppo¬ sition that they each remain content with their own share, or that, in case one should trespass on the other, the irre¬ gularity can be set right by recurring to expedients legal¬ ly providing for the emergency. Every one ot the triple divisions of the English legislature has in its turn made experimental encroachments, against which there exist but imperfect and often very circuitous guards in the con¬ stitution. By the law of constructive contempts, once so flagrantly abused, either house of parliament is armed 3 ENGLAND. Govern- with a despotic weapon. This weapon is beginning to ment and gather a prudential rust in the sheath at present; but the Want or the jealousy of a superior court is a poor excuse for a]i0wing it to continue there at all. The mysticism belonging to the maxim that the king can do no wrong, coupled with the recognised absence of any remedy against the crown for any possible amount of misgovernment, prov¬ ed the ruin of the Stuarts. It encouraged them in the opi¬ nion that the supreme power was lodged, not merely in part, but wholly, in the sovereign, and that it might be abused with legal impunity. The 16th Charles II., as re¬ newed by 6 William and Mary, declares that a new par¬ liament shall be called within three years of the determi¬ nation of the former ; but no measures are taken by either statute for the assembling of a parliament in case the king should not choose to call one. The security is left to the old indirect check, the stoppage of the supplies, and to the new one, which, by means of the annual mutiny act, has been derived from a source where an aid to freedom could hardly have been expected, namely, the innovation of a standing army. There is at present abundance of rectify¬ ing principle and of auxiliary appliances in the sounder portions of the English constitution, which will prop up the rest, and hold the feebler part to its work. Otherwise the history of the Habeas Corpus act is a striking proof of the inadequacy of all general declarations. In doubt¬ ful times these are merely waste paper, unless accompa¬ nied by positive arrangements for carrying them into exe¬ cution, and subjected to proportionate penalties on their infringement and neglect. The act of IB Charles I. had provided, that if the king neglected to call a parliament for three years, the peers might assemble and issue writs for choosing one ; and, in case of neglect by the peers, the constituents might meet and elect one themselves. This act was repealed with great ignominy at the Restoration. But it seems to have left the crown its due precedence, and to have provided, with as little impatience as pos¬ sible, for the securing an object which all parties are agreed it is absolutely necessary some way or other to secure. The debates upon the command of the militia previously to the breaking out of the civil war, are a memorable in¬ stance of the folly of leaving great constitutional rights in obscurity up to the fatal hour when they can no longer be settled calmly and on reasonable terms. If it be impor¬ tant to define rights in times of tranquillity, it is no less so to provide the particular forms by which, in case of violation, the remedy may be applied. It is true that these collisions approach to the character of revolutions. When a king has so far separated himself from his parlia¬ ment, there is little chance of their returning to that har¬ mony by which alone a constitutional monarchy subsists. No previous arrangements can completely meet the crisis after it has occurred; but they may mitigate its severity, and, by the mere fact of their known existence, may do the still more acceptable service of preventing its occur¬ rence. According to the third and remaining plan, the consti¬ tution recognises the existing legislature as supreme for all purposes whatsoever. To this plan the English nation has always stedfastly adhered. From the time when the commons of England were adopted into the legislature (49 Hen. III.), or shortly afterwards, the legislature has, without any deviation worth mentioning, been the parlia¬ ment ; that is, the king, lords, and commons, in parliament assembled. The popularity of parliaments has been so pa¬ ramount throughout, that the public have never until re¬ cent times been tempted to look elsewhere for rules, incli¬ nations, or opinions. The supremacy of parliament kept its hold, like an anchor which nothing could shake, in the most stormy seasons, and under every variety of circum¬ stance. The impossibility of complying with the custo- Govern- mary forms was satisfied as often as it occurred, by the ment and nearest approximation which could be obtained. This Laws, was no less remarkable in the course taken as far back as the supposed resignations of Edward II. and Richard II., than on the later occasions of the imperfect convention parliaments. Nobody suggested the propriety of calling together the people to restore Charles II., or to instal William III. into the vacant throne. Mr Hallam ob¬ serves, that in the combination of gift, descent, and popu¬ lar election, which took place on the accession of Henry IV. in the year 1399, there was as great formality as in 1688, making due allowance for times and men. The sem¬ blance of election remained with the members of the guasi- parliament. They had been summoned by the king’s writ, but, from not having his commission, they did not take that solemn name, and only called themselves the estates of the realm. Wherever it was possible to preserve by fictions the appearance of a regular parliament, fictions were called in. Thus, during the infancy of Henry VI. the shadow of the royal infant, then only nine months old, opened his first parliament, and made appointments during pleasure. On the derangement of George III. the regency was appointed under the great seal. To keep up the entireness of the body politic of the state, the co¬ operation and personal will of the king were necessarily assumed in the very act which was to supply his personal incapacity. It was from the court of parliament that Richard III. obtained a confirmation of his alleged title. He rested upon it as “ the known quieter of men’s minds and the Earl of Surrey appealed to it as the one conclusive authority, when taunted afterwards by the successful com¬ petitor for the crown upon Bosworth Field. Though Wol- sey, “ hating parliaments,” which therefore hated him, “ had been the means that none was holden in the realm but one for the space of fourteen years yet Henry VIII. told them that he was informed by his judges that he was never so great as when sitting there in his estate royal. The great test of the omnipotence of parliament was its power of altering the succession. This, which was the established doctrine of the prior period, it was by a sta¬ tute of Elizabeth made treason to deny. At the begin¬ ning of the civil wars, Charles I. called the peers together at York ; and the cavalier members seceded from the House of Commons. Under these circumstances a me¬ taphysical question might easily have been raised, as to which was the real parliament. But the locality of West¬ minster was like keeping the field of battle. It decided the direction of that wonderful and superstitious homage, which made Clarendon complain that “ an implicit reve¬ rence for the name of parliament was the fatal disease of the whole kingdom.” The substance and vitality, how¬ ever, of the institutions to which the entire authority of national legislation is transferred, are still more important than the name. For this purpose their independence as intelligent deliberative assemblies must be secured. No question can be made concerning open violence. Any attempt by intimidation to force the repeal of a law or a change of measures, or to overawe either house, is trea¬ son. But, further than this, no minority or fraction of the people must be allowed to exercise over the legisla¬ ture an influence of opinion, which the constitution does not attribute to the people at large, or at least does not provide them with the means of exercising. This is a subject of great delicacy; but still there must be some limits. Accordingly, both in law and practice, limits more or less elastic have been put on the nature and de¬ gree even of the moral pressure which may be urged on parliament from without. Tumultuous petitions having been carried to a great ENGLAND. Govern- excess during the long parliament, the statute 13 Charles ment and JJ. in consequence, imposed several restrictions upon pe- Laws- titions for any alteration in church or state. But notwith- standing the opinion of Mr Dunning, and the present prac¬ tice, these restraints have been judicially determined not to be affected by the bill of rights. Mr Hallam says that he has traced public meetings for the debate of poli¬ tical questions no higher than the year 1769, and, sub- iect to very few exceptions, petitions simply political not ** •. I • _ I. miQrfmtPPrl to tllP body litated the ruin of the states-general of France. A few Gove™ votes beyond what a question would have obtained upon mutant its general merits may thus be stolen, and a few indivi- ,/ duals may thus push themselves forward into temporary notice. But public opinion can never be truly ascertain¬ ed, any more than the public interest comprehensively promoted, by desultory and individual pledges. For this purpose the public must act in concert. W ith this view, kings of England have sought to satisfy themselves and iect to very few exceptions, petitions simpiy poiiucdi uut u & T . it] regard to the reality of the bi,rr mental to a representation which stops short of annual par- points. Un the occasion or 11 « i r • i mivavr ovo tlio rlramnera- memb liaments and universal suffrage. They are the democra- tical counterpart to addresses of loyalty to the throne, and of confidence in the government, which are said by Evelyn to have come in even in the time of Cromwell. Ihe rig t will probably not be used, certainly not used frequently, till a want of sympathy between the representative body and the people,or particular classes, begins to be suspected. The sense of the public, so taken, may often be found to clash with the sense of particular constituencies. In this case, two questions necessarily arise for a member’s con¬ sideration : first, what weight either one or the other ought to have as mere authority in overruling his own opi¬ nion ; and, next, which of them, in the event of competi¬ tion, is entitled to a preference. The same constitutional answer will apply to both difficulties. The inclination on the part of the English constitution appears to have settled down, after some previous oscillation, to one consistent course, as soon as the commons began to feel and act up to their real dignity and strength. A member must ne¬ cessarily be returned for a particular place. The ques¬ tion is, Are his duties therefore local ? The terms of the writ of summons had all along plainly signified that, although chosen by a single district, he was chosen for the wants and service of the realm. Nevertheless many instances formerly occurred of the commons begging for time to consult with their constituents. It may natural¬ ly be presumed that this was nothing more than a timid way of evading unreasonable requests. Because their ancestors, afraid of Edward III.’s designs upon their subsidies and fifteenths, had declined to be made con¬ sulting parties to his wars, it was absurd in James I. to imagine that he could altogether call away from politics the English gentry of his day. Yet at so late a period members were expected to bring to the House of Commons an answer concerning the royal choice of particular men as ministers ; and on the occasion of the Reform Bill, con¬ cerning the policy of a particular measure. This is the ut¬ most advance which the English constitution has made to¬ wards admitting the doctrine of the will of the people or the instructions of constituents. So narrowed, it is a proper, and at times an indispensable part of every rational sys¬ tem of representation. It is practically quite consistent with the general rule that the select body of electors are trustees for the entire community; and that their repre¬ sentatives are the only organ by which the public will is on all subjects ultimately and conclusively expressed. This then is the English system. It seems to be an extreme and fanciful subtilty to doubt whether the title and character of a constitution can properly belong to it. It is something in its favour that it can appeal to expe-^ rience as practically embodied in a government, now of ancient standing, at once the most progressive and the most permanent which the world has ever yet seen. W hy is it less a constitution because it gives to its ordinary con¬ temporary legislature the most plenary attributes of su¬ preme political power, and because it disclaims the sup¬ position that its early constitutional legislation had or could have the sanction of any higher authority ? The assent of any one generation can be of neither greater nor less value than that of another. It is not wonderful that a society, setting up for itself for the first time, or obliged by circumstances to begin anew in an enlightened age, should try to build upon the basis of fundamental laws. But it is fortunate for a constitution, of which the first stone was laid in haste and ignorance, and in the dark, and which nevertheless always kept so far in advance of its ^les^rfon ian Bnr^y ^delcenled foTrgue conten.poraries. aa to serve other nations for the model against the propriety of the interference of the House of been ^d by winch c*^w.i***-» w £ j ill Commons in matters of war and peace; and to take the distinct ground that its members by its institution had minds only of a compass each for the place which he served. But parliament had already heard the contrary within its walls. The movement of society which had made it im¬ possible to execute the statute requiring the member of a district to be an inhabitant, had brought out, in the reign of Elizabeth, the first parliamentary declaration in behalf of the complete legislative authority of members of the House of Commons, in full accordance with the letter and conditions of the ancient writ. In the declaration that members were to act not only for their constituents, but for the whole kingdom, it was evident that a great prin¬ ciple was proclaimed. If sycophants then contested it, Mr Hallam, speaking of modern days, says very truly, that it is one which at present “ none but the servile wor¬ shippers of the populace are ever found to gainsay.” The weightiest arguments in Burke’s letter to the sheriff of Bristol, against particular instructions, are little more than the applicatioh and extension of this principle. The ne¬ cessity of going back to their constituents for a specific assent, was one of the main grounds of that incompeten¬ cy to the duties of a representative assembly which faci- regularities were afterwards to be condemned, that it start¬ ed with no similar pretensions. If it were to suit the ages through which it was to endure, it could only do so by a plastic mode of conformation. In this manner its people were educated along with it and up to it, the two acting and re-acting upon each other. Hence an instinctive in¬ telligence and conformity, otherwise almost unattainable, appear to have been secured, which political changes have hitherto slightly disturbed. Some bad logic, and a few in¬ cidental anomalies, are a small price to pay for conciliat¬ ing opinions and smoothing over the transitions through which, in the course of centuries, an improving nation has to pass. But the mode in which these alterations have been made is objected to. The body of the people, it is said, ought to have legislated upon them in their own persons. It is surely a sufficient answer that it would be difficult to name a year, when in point of fact more would not have been lost than gained by tying up the hands of parliament, and putting its legislature to the circuity of an appeal to the freeholders of the county courts. The na¬ ture of things does not admit of there being any greater security for good government than can be given by a le¬ gislature of which a popular representative assembly, pro- ENGLAND. Govern- perly chosen and seasonably renewed, is a member. To nent and caii Jn the people to council, is to abandon to that extent, Laws. uncier circumstances too of great probable excitement, the advantages of representation ; and for no countervailing benefit, unless on the singular supposition that a people incapable of choosing able and honest representatives, will be found capable of being able and honest legislators them¬ selves. The device is much more likely practically to delay improvement than to check encroachments; since, for the latter purpose, the restraints it imposes are either unnecessary or insufficient. There can be no substitute for the spirit of a people. With that spirit, these precau¬ tions are not wanted; without it they are vain. The two cases which look most suspicious in English history (one in substance, the other in form) are the proclamation-sta¬ tute of Henry VIII. and the septennial bill. The parlia¬ ment of Henry VIII. gave royal proclamations in certain cases the force of law. The extent of the innovation has often been exaggerated. But, with regard to the present question, there can be no doubt, that a generation which by royal order changed its religion four times in twelve years, would, on the subject of royal proclamations, have as readily acceded to his majesty’s desires. A few cor¬ porations petitioned against the septennial bill. But an observer of the prior, contemporary, and subsequent con¬ duct of the body of the people on this point, and a reader of Burke’s speech against triennial parliaments, will per¬ haps see little reason to believe or to wish that the people, if calmly consulted, would have come to a different con¬ clusion. It should be recollected, that the question is one of pure argument only, and not of history. By the common law a parliament, unless dissolved, lasted for the king’s life. In 1694 this duration was first shortened to three years; but in 1717 these three years were lengthened to seven. Thus, the law of triennial parliaments, spoken of by some as an almost vital part of the English consti¬ tution, was never known in England but for neither more nor less than the space of twenty and three years. Every government is characterized by the ends which it proposes as its primary objects, and by the means which it applies for the attainment of its ends. These objects represent what is vaguely called its spirit. The only means properly at its command refer to the making, interpreting, and executing laws. It follows that the most important distinctions in this respect between one government and another, must be found in the specific provisions which de¬ termine the formation and distribution of the legislative, judicial, and administrative power. The English constitu¬ tion is a limited or mixed monarchy; limited, by the maxim that the king has no rights but those which are prescribed and ascertained by law ; mixed, by the fact that the parlia¬ ment, in which the sole legislative authority resides, con¬ sists of the king and the three estates, the nobility, clergy, and commonalty of the realm, as comprised in the two houses of Lords and Commons. The suppression of par¬ tial interests is sought to be attained, and the practical recognition of the great end of government, namely, the happiness of the whole body of the people, has been prin¬ cipally developed and enforced by the share which the people exercise more or less in the government. This takes place in the legislative department, by means of their re¬ presentatives; in the judicial, by the agency of the jury ; in the administrative, by the doctrine of official responsi¬ bility, and from the example and control of a great diver¬ sity of popular local municipal institutions. A more considerate legislation is promoted by a se¬ cond legislative assembly. A great addition is also made to the political stability of a limited monarchy, by form- Govern¬ ing the members of this second assembly into an here- ment and ditary nobility. A mixed government has, however, a still Laws, greater advantage. It naturally leads to and facilitates a division of powers, which is the most important of all the checks that mere arrangement can produce. According to this division, the authority of parliament is strictly con¬ fined to the original enactment of the laws. The duty of the judges is as strictly judicial. They have no more to do with the politic administering of the law than with the making of it. The law being thus made, and thus interpreted, the entire charge of carrying it into effect is vested immediately or mediately in the crown. Whilst the several parties who make, interpret, and execute the laws, are kept, in this manner, perfectly distinct, it becomes exceedingly improbable that any confusion, either uninten¬ tional or wilful, should arise between the principles pro¬ perly belonging to their several operations. This is a cau¬ tion which the cause of public liberty, as well as that of civil justice, alike imperatively require. Blackstone1 has expressed a strong opinion as to the propriety of the ex¬ ecutive being only a branch, and not the whole, of the legislative ; also2 that the judicial authority should in some degree be separated from both. This was one of the points on the paramount importance of which Jefferson and Adams were agreed when they came to apply the experi¬ ence of the English constitution to the construction of their own. Eastern nations, notwithstanding their supposed imme¬ morial civilization, appear never to have got much nearer than the inhabitants of the South Sea Islands to a con¬ ception of the just foundation on which alone the rights and duties of sovereignty rest. On the other hand, the citizens of Greece and Rome were fully aware that politi¬ cal society was grounded on the advantage of its members. Their patriotism was not more exalted by the pride of national independence than by the consciousness of being responsible only to the law. Nevertheless, the real con¬ dition of these great commonwealths was for the most part in lamentable contradiction to the individual ability and virtue by which their history has been made famous throughout all ages. The glory of free and classical an¬ tiquity was frequently clouded, and was brought at last to an abrupt and final termination. This is apparently to be attributed to the defective mechanism of their institu¬ tions, more than to any other cause. Their construc¬ tion and division of the legislative, judicial, and executive authority were all along so imperfect, that their negli¬ gence of the means of a better political arrangement can only be accounted for by their ignorance of its necessity. There is nothing to this effect, even in their theoretical works upon government, when carefully examined. Poly¬ bius, it is true, gives the preference to a combination of monarchy, aristocracy, and democracy, as being in a de¬ gree more stable than the simple forms. Cicero also agrees with him in saying, that this was the true Roman consti¬ tution ; but he most unwisely adds, in compliance with the Roman jealousy of kings, that wherever the execu¬ tive is placed in a single hand, the government is mixed only, not tempered, and must be ruined by the vices of the individual. Different writers appear to have meant different things by the same word. Aristides denomi¬ nated the government a mixed one as late as the time of Marcus Aurelius. Tacitus saw through the fictions, and thought that the word implied more, otherwise he would scarcely have said that such a combination may be more easily praised than effected, and that were it effected it 1 Commentaries, vol. i. p. 146 and 154. 2 Ibid. p. 269. 6 ENGLAND. Govern- could never be lasting. In case, however, the constitution inent and ]iacj nothing further than realize the above combina- Laws. tjon jn t|ie generai sense which alone these philosophical statesmen were contemplating, it would have stopped in¬ finitely short of the principal benefits which it has con¬ ferred. The separation of the three great branches ot political authority into distinct departments, as it is one of the most probable consequences of a mixed monarchy, so is it beyond all comparison the most valuable. Unfor¬ tunately it had not taken place under the imperfect spe¬ cimens of mixed government with which they were ac¬ quainted. It is not surprising, therefore, that in theory the philosophical truth of such a corollary should never have occurred to them. If that consequence had been duly presented to his mind, Tacitus must surely have seen reason to question the cycle of Polybius, and to feel gi eat¬ er confidence in the political contrivance by which the ef¬ ficiency and the durability of states have both been found in practice to gather equal strength. No political pheno¬ menon can he more interesting than the circumstances and the method by which a government has thus arrived at the high distinction of first uniting improvement and Stability, liberty and order, and has been enabled to com¬ bine the greatest of all ends with what, from the failure of the most celebrated experiments, it may be well sup¬ posed were means very difficult both to discover and to apply. Sanguine spirits often appear to imagine that as apod a constitution as can be devised may be struck out and fitted upon at a moment’s notice. The history of the English constitution may teach them greater caution. A distinct examination of its respective parts will show, not only how slowly they have been formed, but to what ex¬ treme risks at different periods the existence and the principle of each have been, and perhaps must^^v^; 1 ^The^English constitution is more historical than philo¬ sophical. It has been the gradual development of na¬ tional good sense, shown in a spirited and prudent improve¬ ment of tendencies and events, without any of the ambi¬ tion of a regular, preconcerted system. Its object was never stated in a declaration of the abstract rights of man, nor its organization derived from a metaphysical analysis of the elements of human nature. He must have been indeed a prophet, who, at the time of the Norman conquest, could have foreseen the course by which it would outstrip the feudal monarchies which resembled and surrounded it. The difference lay in this : For successive centuries, circumstances played favourably for a people who had the merit or the good fortune to profit by them as they occur¬ red. M. Key is so far right. England has experienced the truth of Aristotle’s observation with regard to Crete. An insular position has great advantages for political ex¬ periments. Assistance has also frequently come in from the most unlikely quarters, and the scale has more than once been turned by causes to which, as far as we can ob¬ serve, no nobler name than that of accident is to be as¬ signed. At one time the very strength and concentration of the monarchy of England, as compared with the weak¬ ness of the monarchy of France, brought the barons, the people, and even the church, into a closer union for their defence. At a later period the impoverishment ot the crown by foreign wars, and the alienation of the crown lands, brought it into dependence upon, what was most fortunately, one national parliament instead of several dis¬ tinct provincial assemblies. The separation of the great¬ er from the lesser barons, the assembling of the commons and the lords in different chambers, the transit through which the exemptions claimed by the clergy became dis¬ qualifications, the conversion of the jury from their origi¬ nal character (whatevdf that may hhve becn) into a popu¬ lar tribunal, have turned out to be the hinS in_ ment and English freedom has ultimately turned. They are in Lawg stances of incidents, in themselves at first comparatively trifling, diverted by circumstances into a deeper channe , or transmuted by a noble alchemy into a much higher purpose than what was their original purview and intent. Although the English government was from the first a limited monarchy, it was not for nothing that monks and lawyers lent a hand in the pious frauds of forging tales about Alfred, Kentish privileges, and imaginary Saxon laws, or in encouraging the more recent fiction ot the notorious anti-tallage statute. . The stoutest antiquarian who ever argued that the title of William the Conqueror represented merely the feudal conquisitio, and not the conquest of the nation, nevertheless must admit from time to time great historical distinctions. The nature and de¬ cree of the limitations practically needed and applied to the powers and mechanism of the several component parts of the government varied exceedingly at different periods. The importance even of the grand division between the legislative, judicial, and executive authorities, was far from being at once recognised and observed. > ^ A constitution upon paper and in practice are such very different things, that we must look into the history ^ well as the laws of a country, in order to know at anynion> given time what was the real contemporary character ot its o-overnment. English antiquarians have been more or less&successful in tracing back the dates of their most po¬ pular institutions. But the sense in which the same in¬ stitutions were in point of fact understood and adminis¬ tered at different periods, and the security which they were capable of affording, are distinct and much more in¬ teresting questions. A people and their government, it is true, are always cause and effect to each other; and none more so than those of England. In the present instance, however, there can be no doubt but that the nairative o English parliaments and of English juries establishes their existence, as a matter of pedigree, long before there was spread throughout the community either the spirit, the knowledge, or the means to turn them to their legitimate ac¬ count. The systematic regularity of modern governments was unknown even to the ancient republics. No wonder, therefore, that it was wholly unthought of either by the feudal chieftains themselves, or by the rude vassals who attended to do suit and service at their courts. Our an¬ cestors were satisfied, we are told, with the rough stand¬ ard of measurement taken from parts of the human body, though differing in different men, till Henry I. ordered the ulna or ell, which answers to our modern yard, to be made the precise length of his own arm. To lay down any thing like a precise standard for civil obedience, was left for later times, and for arms still stronger than those of any king. Even long after the golden rules and mete¬ wand of the law were recognised at W estminster, acts of violence were frequent over the kingdom, with more or less remonstrance; so that judicandum est legibus non exemplis is a maxim which the constitutional inquirer is obliged to keep constantly before him. . The history of England opens with a society divided into castes. The distinctions taken by the law were one¬ rous and severe. There is a great difference between Glanville and Beaumanoir. Nevertheless, the blot upon Ma^na Charta itself, in the limitation (liber homo) cannot be explained away. The later threat of Richard II. after thb^ unsuccessful insurrection to which the peasantry had been driven by oppression, is equally intelligible. The if condition, he told them, should be made yet more miser¬ able. Thb statute of labourers, which was passed in the reigfi of Edward HI., was in the same spirit. It continu¬ ed td bdn rtO loss absurd than wicked favourite with after- ENGLAND. Govern- times. It is impossible to look over the whole interme- ment and diate legislation concerning the lower orders down to the Laws. reign 0f Elizabeth, without perceiving that most of its pro- visions are as much statutes of police as of trade. They have the air of being expressly directed to the object of preventing the consolidation of the different degrees of society into one people. When we compare the laws of England in this respect with those of the continent, we cannot estimate too highly the comparative equality of ranks, and the absence of exclusive privileges. Neverthe¬ less the laws were bad, and public opinion worse. The dialogue on the Exchequer, written towards the close of the reign of Henry II., observes, that in all cases of secret slaying, whether of English or Norman, the penalty should be levied on the hundred, “ unless there are plain indicia of the servile condition of the deceased.” The petition of the commons to Richard II. that villeins might not be put to school and so get on in the church, “ for the honour of all freemen,” was re-echoed two hundred years later, in the cry against the Lord Cromwell, on account of his “ villein blood.” The class was then about to disappear. It is evident that it was only by its extinction that preju¬ dices incompatible with real equality under a free consti¬ tution could be removed. The gradual elevation of the entire population into the condition of freemen, put all ultimately in possession of rights which had been wrested from the crown by feudal leaders and independent yeo¬ men with a much more partial object. It took ages to compass this emancipation, and to reverse the proportional shares of the national wealth, as held by the king, the church, the nobility, and the commons. If all the land of the kingdom had continued to be the portion of the church, the king, and the immediate tenants of the crown, who, according to the list in Domesday-book and Brady, did not exceed seven hundred in number, this consum¬ mation would never have been accomplished. Civil wars and commerce, by scattering properties and displacing chivalry, broke up the feudal system much more effectu¬ ally than any positive enactment. The possession of pro¬ perty gave leisure; leisure, especially when the reforma¬ tion and the press stirred up the human mind with new and more liberal excitements, gave knowledge. Even without the strength of numbers, the combined influence of property and knowledge must give power. Until the body of a people has obtained the intelligence necessary to understand something of their own interests, and the power of making an attention to their interest and feelings a matter of prudence on the part of the higher classes, it is in vain to expect that just principles of government will be steadily acknowledged, much less that they will be stea¬ dily put in practice. The king appears in the law-books as the source of al¬ most every institution and every right. There is no other independent political existence save his baronial court. Nevertheless, as far at least as concerned the people, the king was originally still more powerful in fact than even in law. There was always a legal control upon him. But it was lodged at the beginning in an assembly where as yet the people bore no part. Bracton, who wrote under Henry III., probably not long before Leicester’s writs to knights, citizens, and burgesses, appears to have as little anticipated them as he could have anticipated their effect. In his perversion of the imperial law to the purposes of a limited monarchy, he declares that the. will of the prince must be according to his counsellors; that is, of “ his court of earls and barons.” He terms them his “ as¬ sociates,” and makes them his superiors; for he adds, “ were the king without a bridle from the law, they ought to put one on him.” The court of peers, or royal council of hranee, by the non-attendance of the tenants in chief, 7 sunk into the great judicial tribunal of the country, and Govern- became known by the name of parliament, after the time nient and of St Louis. The peers of England were not so confident Laws- of their feudal exemption from supreme legislative con- trol; consequently, when, about the same time, or a little earlier, the aula regis or great council of England assum¬ ed a new form, it separated into two compartments; one judicial, or the supreme courts of justice; the other legis¬ lative. The last consisted originally of the earls and ba¬ rons only. By the time that the incipient House of Com¬ mons became its colleague, the name of parliament was appropriated, and, from its omnipotence over the feelings of the English nation, has become almost consecrated in their behalf. It was long before the parliament felt its strength, or knew how to use it. In the mean while the constitution, directly or indirectly, within doors and with¬ out, kept making head. During the struggles which the crown, reign after reign, was maintaining, sometimes with different members of the royal family, at others with the aristocracy, and at others against the church and papal usurpations, the people became important as allies. The people appear on the whole to have judiciously sided, where, according as the temporary pressure was felt to bear, it was for the interest of the public that they should side. It is difficult, owing partly to the uniformity which prevails at present, to comprehend the sudden turns which this instinctive policy might call upon them to make. A sagacious and honest yeoman may have been with King John to-day, and with his barons to-morrow. To look merely at property: the Conqueror retained in his own hands fourteen hundred manors, the reserved rents on which Burke, in his Abridgment of English History, reduces to LAO,000 of the money of that period. The resumption of the grants of Henry VI. was prefaced by a public declara¬ tion that his ordinary income did not amount to more than L.5000. In the next reign we find Edward IV., inde¬ pendently of parliamentary supplies, the owner of above a fifth of the lay property of the kingdom. Within half a century the scale had again changed its balance. Whole¬ sale confiscations, succeeded by the minuter and more po¬ litic arts of Henry VII. humbled the pride and broke the combinations of the nobility. Although the nominal ren¬ tal of the royal demesnes was reduced to L.32,000 at the accession of James L, yet the idea of any danger to the mo¬ narchy from aristocratical competition was almost a faint tradition at the time of Lord Russell’s trial. He justly exclaimed, in allusion to the apprehension, “ We have no great men now.” Previously to this revolution in society, it depended for the most part on the personal capacity and character of the sovereign, whether the contingen¬ cies to which a wise constitutional jealousy ought to have been most alive, would come from the turbulent intrigues of the aristocracy, or from monarchical ambition. The royal prerogative attracts the first and the liveliest atten¬ tion, as its power is always present and most promptly felt. Besides, it was absolute in language, prominent in form, and often irritating in the subject and occasion of its exer¬ cise. But all the great points whence a cloud might have arisen over the freedom of the, nation had been soon fore¬ closed, and, in spite of occasional, indeed numerous vio¬ lations, were closely watched. . There is no denying that many remaining prerogatives were absurd and even odious. Still the nature and the danger of the grievances to which the people were legally and practically exposed from them are usually overrated. The Stuarts let no preroga¬ tive drop willingly ; and it is well known that they labour¬ ed hard to revive some that were obsolete. Yet Lord Bacon declared, on presenting an address to King James, that there was no grievance in the kingdom “ so general, so continual, so sensible, and so bitter, as the preroga- II ENGLAND. Govern- five of purveyance.” Nevertheless, what did it amount ment and to when represented in money? From one cause or ^n- Laws other, the commons receded from their negotiation, rather than buy off this their master grievance, and that ot mili¬ tary tenures into the bargain, at the cost of an annuity o L 200 000. In the interval which elapsed between the depression of the nobles and the rise of the commons, the monarch had the stage comparatively to himself. The crown also at that critical moment passed into a line ot able and haughty princes. Mr Hallam observes, that constitutional freedom was consequently retrograde from Henry VI. to VIII.; yet it is evident, from what passed during that period, that the hardy plant was not only alive,gbut safe. Bills in the form of acts, instead of peti¬ tions, which by adding to or diminishing from what the commons had petitioned for, had been for ages scandalou - ly abused, begin with the reign of Henry VI. ^ he first writ of habeas corpus, apparently so simple a result Magna Charta, was obtained against Henry VII., the wil e of the Tudors. Elizabeth had her father s spirit, and can scarcely be suspected of relaxing a hold which she coil have decently retained. Yet in 1586 the House of Com¬ mons first succeeded in bringing the inquiry into election returns from out of chancery before themselves By un- fairlv selecting the arbitrary passages from the leign o Elizabeth, and misrepresenting them as the ordinary course of her government, Hume gave both colour and cur¬ rency to sophisms, which betrayed a muchgreater passion for ingenious paradox than for historical ti ut . S lish people are wrong, it seems, in charging the Stuarts personally with the misgovernmeht which provoked the great rebellion. That misgovernment is represented to be nothing more than a continuance of the ancient Ensl s constitution, such alone as their ancestors had known d According to this statement, the fault of the fetuai ts would have consisted in carrying down the prior constitutiona misrule into times which would no longer bear it. It such had been the fact, it is a fact which those times must certainly have known. But the understanding of contem¬ porary parties was plainly all the other way. History has reserved the positive admission of Charles I. to the con- Cvy, in a reference too remarkable not to prove that he was himself conscious of, and was aware also that his sub¬ jects knew, the whole extent as well as spirit of Lis inn vations. What a satire on his own and on his father s go¬ vernment, that he should, in 1640,' hold it out to his pa - liament as a boon, that he would return to the Precedents of a sovereign whom they had already endeaied to the people as “ Good Queen Besswhose reign, however, we know, notwithstanding, to have abounded with tyrannical executions, gross and frequent enough, it might have bee thought, to have satisfied any of her successors. It is not the less true, that the time had come when the authority as well as the ceremonies of the court must undergo mu¬ tations, at which minds, with much larger views of go¬ vernment than that of Clarendon, would be startled, and perhaps annoyed. The state of society required popular changes to be admitted, for which no precise precedent could be found. Under these circumstances, men Iwe Selden, for instance, a little too apt not to look for liberty beyond their law-booH must often have felt erjbarraeeed Govern hbw to act. The Stuarts, however, did as much as could ^ well be done towards relieving their subjects from diffic 116 Uniucklly6 fhr ^the Stuarts, none of the innovations wlTh they attempted, nay not even the consistent system to which it had been their object to bring the practice of their government, were so new and so outrageous as t principles on which they professed to reign. No coun¬ ty set a higher value than England, whether it was pleaded on behalf of the prerogative royal, or in the much more reasonable case of civil possessions, on the some¬ what too stationary title of prescription. The coronation oath on the one hand, and the oath of allegiance on the other, the theory of the feudal system, and many passages in their annals, had accustomed them to look to a roug notion of contract as the criterion of submission. The divinity studies of the early lawyers, and the usages of the puritans, tended to influence the thought and language of modern times by the course of authorities in the Old Testament. But these views were common property. All went there for what they wanted, and all found it. 1 he partizans of despotism and freedom, Hobbes and Locke, Bossuet and Algernon Sidney, discovered, the two first in Chronicles, the two last in Deuteronomy, arguments for their opposite systems. It was far otherwise with the nove - ty which the Stuarts took up, and made the creed of their supporters. The new creed was precise and positive, and the whole spirit of English history was in contradic¬ tion to it. No later than the 13th Elizabeth, a statute had been passed, declaring it treason to maintain in any wise that the king and parliament had not the power to him the succession. It was natural to lament that the feel¬ ing of feudal attachment was decayed. But the doctrine of a divine hereditary patriarchal right was a strange in¬ vention to replace it withal. The cavalier loyalty of Or¬ mond belonged to former days, and had nothing in com¬ mon with the superstition of Mainwaring and Sancroft. Principles utterly inconsistent with all that had been ever written on the subject, almost with all which had been evei done, became the favourite and insulting theme of speeches, proclamations, sermons. Thence the dread of the convo¬ cation sitting after the dissolution of parliament, thence the unanimous resolution that their new canons would not bind even the clergy; thence the protests against the new pulpit law, to make the king more absolute than his predecessors. Roman Catholic ecclesiastics had put theirP hands to Magna Charta. The Oxford decree was the boast of the Church of England. The latter books of Hooker, on account of their heretical latitude, were to be made out to be fabrications; whilst Jeremy Tavlor, the grea'. ornament of his profession, pronounces that there are few cases of conscience in which a man may hope for half as much conviction as on passive obedience and non-resistance. Non-resistance was soon improved into absolute compliance. It became, in other words, the indefeasible legitimacy of modern days. Ihese proi i- gies of doctrine defeated themselves. They misled the governors and provoked the governed, and, in James t ic Second’s expostulation with the seven bishops, returned their advice in repairing the grievances at wl?lcV1 b ved and desired that all things might be reduced to the good order those, whether in church or state, he was willing shoul '^re sure looked upon with the greatest reverence. (1. Clarendon, and practice of Queen Elizabeth ; which tothep ‘>1 > the last edition. It is one of the worst omissions in the former garble 519.) This important passage is printed ^r t^ *t 1 with a ratlier later date. It is in itself a complete answer to the text. The speech is imperfectly given in the parhamenta y , English history, for its testimony against them, comparison laboured by Hume The truth is that^he Stuattsh^^ ^ ^ ^ part of the Glossary 0f even the orthodox Bishop Nicholson observes, in his L had (!alLd IVlJgna Charta, Libertatnm Ang&carum diploma et sacra anchora; and S'-t oft^lou,v manifested ty dames I. Govern¬ ment and Laws. ' Y^'' ENGLAND. 9 them their poisoned chalice to their own lips. A limited ladder had been so completely destroyed, that, in the Govern- monarchy and unconditional allegiance are a contradiction words of the age of Selden, an English tenant would be ment and in terms. The only consequence of allowing to a brave the first person to lay his landlord by the heels. The and thinking people rights and privileges in the statute- landlords and the sovereign have been both amply indem- book, and yet closing up every practicable channel through nified in increased security, for whatever either may have which, if they are violated, a legal remedy can be ob- lost. At the same time the constitution and the country tained, is the generating a spirit which sooner or later have been infinite gainers by the general adoption of a must force itself a way by some great convulsion. Another more rational patriotism. The civil exemptions which the revolution, and the example of a new dynasty, were made peers possessed in their individual character were all along necessary ’to establish the truth of the opinion which insignificant. The judicial authority vested in their ter- Gourville expressed in vain to Charles II.: “ A king of ritorial jurisdictions was superseded by circuit judges, England who will be the man of his people, is the greatest and by justices of the peace in every county. That which king in the world ; but if he would be any thing more, he had been reserved to them collectively was of a kind more is nothing at all.”’ So evident, indeed, has it ever been honorary than formidable, and one which there was little since the5Revolution, that no king can long carry on the temptation to abuse. The small value which they attach- government upon any other terms than by becoming the ed to their power as a civil tribunal is proved by the in- man of his people, as represented in parliament, that the termission which took place of all writs of error to the royal legislative negative has fallen into abeyance for a lords from the time of Henry IV. till the accession of James centuryand a half.& Elizabeth, at the close of one ses- I. Their criminal jurisdiction, except in the case of im- sion, rejected forty-eight bills which had passed both peachment, was confined to the members of their own houses. The last exercise of this prerogative was in 1692, order. From the time that the commons were united when William III. refused his assent to the bill for trien- with the lords, and their joint assent became equally in- nial parliaments. With the modifications, and under the dispensable to all legislative measures, the sole undivided circumstances in which alone the negative of the president glory of Bracton’s baronial court was at an end. A sta- of the United States can be interposed, it is easy to see tute of Edward II. declares that every legislative mea- how the head of that republic may prudently venture on sure not sanctioned by the consent of king, lords, and the exercise of a pov/er to which it would be the height of commons, shall be void. It states also that this is ac- imprudence in a king of England so far to put himself in cording to custom. Nevertheless it was long before the opposition to both houses as to revert. It cannot be said commons had the courage to act upon this supposed equa- that the change is in the mode of operation only, and lity. Sometimes they stultified themselves by way of po- that the king does now by influence what he used to do licy, to avoid any possible responsibility. On ordinary oc- by prerogative. It is notorious that, on several occasions casions they felt themselves overshadowed by the neigh- since 1692, influence has failed in doing that which the bouring greatness of the lords. Thus they applied to acknowledged prerogative would have done by its single them on great emergencies, begging that they would send word. The result is, that the king, who for many centu- some of their members to instruct them in their duty ries was more powerful in fact than in law, is more power- (as in 1st Richard II.), “ on account of the arduousness ful in law than in fact at the present time. of their charge, and the feebleness of their own power If under the same forms the rise of the commons has and understanding.” In the same manner, on the insani- changed imperceptibly, but entirely, their relative posi- ty of Henry VI. they left the establishment of the regen- tion with regard to the crown, this has happened to a cy with the peerage. “ You, the peerage, in whom, by still greater extent between them and the barons. The occasion of the infirmity, resteth the exercise of his au- power of the nobility consisted in their immense posses- thority.” In the reign of Charles I. the commons are sions, in the clan-devotion of their dependents, in their seen for the first time taking the lead, and carrying the territorial jurisdictions, and in the original superintending lords along with them. Several of the lords in that cri- authority of the supreme feudal court. The blow struck sis gave in their adhesiqn, and co-operated with the com¬ at their properties, both by force and artifice, speedily mons. Before this, the spectacle of their concurrence had took effect. The shake once given was so certain of always been, the commons walking in the train of the spreading further, that the formation of new aristocratical lords. New principles must accompany such a change, fortunes out of the monastic confiscations has never been The House of Peers could no longer claim the privilege made an imputation on the policy of Henry VIII. It was of legislating exclusively for the benefit of their order, as the favourite of Elizabeth more than as the lord of nor proceed on the distinction that they sit in their own Kenilworth, that Leicester succeeded in making the gen- right, answerable only to themselves ; whereas the House try of Warwickshire wear his livery. The original rela- of Commons, as a representative body, is answerable to tion between lord and tenant implied protection on the one the people. The sophistical distinction can hardly serve hand, and obedience on the other. If the tenant could at present to prop up the privilege of their proxy ; a pre- not alien without the lord’s license,, the lord could not tension not less incompatible than popular instructions transfer the tenant’s seignorial dependence without the with the first duty of a deliberative assembly. Fifty years consent of the tenant. The social movement, common- ago, when Paley first published his Moral Philosophy, the cingat the top, naturally occasioned a relaxation in these peers had so far fallen into the back ground, and political duties and sympathies on the part of the lord in the first reasoners had so far learned to look to reason only, that instance. This broke the charm. It soon became evi- Paley defends the institution of a House of Lords as a part dent that king-maker could be the title of no future War- of the British constitution, on grounds which would have wick. There had been a series of concentric circles, amazed Simon de Montfort, and perhaps somewhat scan- through which the feudal feeling rose from the vassal of dalized John earl of Somers. His main argument is found- the mesne lord up even to the throne. But all gave way ed on the use of a second and totally distinct legislative at once. It was clear that the mischievous distinction be- assembly, in order to protect the state against popular tween a king de facto and a king dejure could not be re- caprice and fury. Ever since the Revolution, the mo- called, nor the allegiance of the subject transferred from mentum in English legislation has lain necessarily in the the regal office of the sovereign to his natural person and commons. The king and the lords have both sought to blood royal, when once the feudal feeling lower down the keep there a hold, by way of influence, so as to fight their VOL. IX. B 10 ENGLAND. Govern- battle in that field always in the first instance, and thus ment and procure an additional guard against the chances of more Laws, direct collision. The reform bill has to a certain de- gree stopped up the communications by which this ar¬ rangement had been in substance effected ever since, and, in fact, long previously to, the Revolution. Mr Hume re¬ marks, on the existence of two legislative assemblies, se¬ parate from each other, yet each of them supreme, as one of the great anomalies of the Roman institutions. The characteristic danger of such a state of things exists also wherever the consent of two or more men is required in carrying on public business. The only difference is, that the danger in the latter case is often counterbalanced by greater advantages ; and that the mischief will probably be less violent from their opposition in the passive shape of refusing to legislate in the same direction, than in the more active shape which their opposition might have as¬ sumed in Rome, that of positively legislating, one against another. It is evident, however, that a society, the ele¬ ments of which, by the supposition, are not paralysed and torpicj, must soon find out the means of evading the evils of a political stale-mate. The necessary unanimity.can be only obtained by reciprocal compromises and forbearance. If we will have the benefits peculiar to such institutions, we must be content to pay the price. In the administra¬ tion of justice, the limits which separate pertinacity and weakness is one of the difficult discretionary questions which judges and jurors have to settle with their respec¬ tive colleagues. If every member of a jury or a senate were to be as impracticable as Cato is described to have been, institutions of this nature could in no country be allowed to last a week. gjaomdoe Mr Hume and Mr Bentham appear to agree in think¬ ing, that in the case of numerous assemblies called upon to determine the much more extensive and variable ques¬ tions which arise in the general conduct of political af¬ fairs, it would be unwise to rely upon the exercise of a similar discretion, as sufficient security for the analogous compromises which are nevertheless indispensable condi¬ tions to an efficient co-operation. For this purpose they both acknowledge the propriety of some species of influ¬ ence, which shall make the one to a certain degree de¬ pendent upon the other. In such a case the only question which remains practically to be argued will be its nature and the mode and degree of its exercise. If Dr Paley gives too much countenance to influences approaching to a sordid bias, Mr Hallam, it may be feared, is somewhat too confident in the assurance that moral influences will of themselves always secure a just, or at least an ade¬ quate, concurrence. Polybius has showp that the simple forms of govern¬ ment, however suited originally to this or that stage of society, necessarily become in time unsuitable. What he describes as the specific germ of decay, “ congenite in each form,” would be more properly described as an alteration in society itself. This alteration drags the government after it into the requisite modifications of its form. It is one of the great merits of a mixed government, that, with¬ out the violence of a revolution, it can accommodate it¬ self to these changes in a community, and pass the initia¬ tive with comparative facility from one class to another, just as the leading shoot in society may happen to be mak¬ ing head. Under a nominal invariableness in the balance, some variance in the weights must always be going on. The crown was not easily content to resign the ascenden¬ cy it once enjoyed. When the higher classes had to out¬ ward appearance ceded the political powers they had for¬ merly possessed, they were enabled afterwards by circum¬ stances to continue in the covert enjoymentof it, to a much greater extent and a much longer period than any one could beforehand have presumed. James I. probably was Govern- not aware of the tendency of the proclamation by which, ment and on calling his first parliament, he directed the sheriffs to address the writs upon a principle substantially the same as the late reform bill. There can be no greater proof, on one hand, of the respect of the people of England for an¬ cient forms, and, on the other, of the moderation by which the higher conciliated the jealousy of the middle classes, than the fact that the adoption of this principle was postpon¬ ed during the next two hundred years. In those classes, including the gentry and independent commonalty of the realm, in whom for some time past the heart s blood of the country has mainly been formed, the reform bill has at last placed the command of the House of Commons. The power which this portion of the community before exer¬ cised indirectly over the whole parliament, and especially over that house, it now exercises directly. The conse¬ quence is, that there is a much greater security than be¬ fore, that no measure detrimental to their interests, and in opposition to their feelings, will be agreed to by a House of Commons of which they are themselves now made the constituents. There need be no fear for the duration of moral frame-works like that of government, on the ground of their supposed analogy to the growth and decay of material forms. There seems also no better foun¬ dation for the inference drawn by Polybius, in his compa¬ rison between the governments of Carthage and of Rome as they existed at the time of the campaigns of Hannibal, where he says that a mixed government, in which the pre¬ ponderance has passed from the monarchical and aristo- cratical to its popular members, has run its course, and is so much nearer to its termination. Difficulties enough remain inherent in the nature of all government, which no possible adjustment of the machinery can reach. But a mixed, though incomparably safer than a simple, go¬ vernment, has some difficulties peculiarly its own. It de¬ pends on a nicer balance of proportions, and it calls for a greater degree of temper, patience, and mutual conces¬ sion from its members. A rational and public-spirited House of Commons must be in constant danger of offend¬ ing one or other of the extreme parties in the state. Whilst its honest concurrence with the other branches of parliament must frequently incur the displeasure of the demagogue and his mob, the sovereign or the peerage, one or both, are often not unlikely to regard its general or particular opinions with equal jealousy. A constitution thus settled is only safe as long as the more intelligent part of society can take advantage of its intermediate po¬ sition, and arbitrate between the extremes. A House of Commons, identified with the great arteries of the nation, contains within itself no inherent security for good govern¬ ment, beyond the power of stopping bad measures, and of sending good ones up for their acceptance to the other partners in the firm. If they accept, well; if they reject, a class of cases arises, on which all the good sense and good humour of a country may be wanted, in order to guide a people to discriminate aright on the course which it becomes them to pursue. Unless a power of rejection, ac¬ cording to a liberal construction of independent judgment, be conceded, the whole benefit of a second assembly will be altogether lost. The power of rejection may, however, be so exercised by a headstrong monarch or by a small he¬ reditary body, especially when, in the case of the latter body, the greater part of the legislature have been recent¬ ly raised to the peerage from the ranks of one political party only, as to amount to a declaration that they are looking only to themselves, their own interests and pas¬ sions. A civil disseverance from the sympathies of the na¬ tion, like that of the Roman Catholic clergy, justifies the extreme remedy of removing the obstacle by whatever ENGLAND II Govern- means. The occurrence of such fatal obstinacy in the ment and person of the sovereign, would be an exception to every Laws, presumption upon which hereditary monarchy is eegraft- ed on a mixed government. The Contingency of so re¬ mote and so insane a possibility could only be formally counteracted by some such expedient as is adopted with respect to the veto of the president of the United States. In the instance of a refractory House of Peers, the con¬ stitution has given the king the means of applying this re¬ medy by a creation of additional peers. 1 his course was taken by Queen Anne on a much more questionable occa¬ sion, namely, for the sake of a mere ministerial majority. It is not the less clear that a justifiable occasion might oc¬ cur. If the king took courage to apply the constitutional remedy, all would proceed as usual. If he shrunk from it, the public would be remitted to those ultimate consi¬ derations of civil prudence which are always in reserve. They are the very same considerations which justify the sacrifices of natural liberty which men must make upon entering into a commonwealth. They may equally justify the sacrifice of social order which man is called upon to make whenever a commonwealth is overturned. It is to higher authorities than the precedents which are to be found in Rushworth, that freemen have recourse when they are compelled to seek new modes of legislation by forms which announce that the constitution has been de¬ stroyed. The spirit and effect of institutions and of measures de¬ pend, as has been shown, in a great degree upon circum¬ stances beyond themselves. The same institution at dif¬ ferent periods produces very different results, whilst the collateral and unforeseen consequences of a measure are frequently much more considerable than the objects which its framers had in view. All that is most important in the present forms of the English constitution, is of a certainty to be traced, however obscurely and imperfectly, from a very early date. At the same time, it has become wEat it is, only by making the most of a series of fortunate con¬ tingencies. The English government may be advanta¬ geously compared with the Roman in its best characteris¬ tic, the tendency to progressive self-improvement. In the nature of the improvements there can be no comparison. According to the process pursued, the substance has been in a course of much more extensive alteration than the forms. With regard to the latter, the change has chiefly consisted in removing partial impediments out of the way of certain movements, in strengthening particular springs to meet particular pressures, and in separating the several parts of the mechanism by more positive divisions, lest they should clash one with another. The manner in which the English clergy overreached themselves, by standing on their claim to exemption from temporal juris¬ diction, and on their right to be taxed for temporal pur¬ poses, if at all, by themselves only, and in an assembly of their own, is very instructive and curious. They chose to remain apart, a separate estate; and resisted the attempt of Edward I. to incorporate the inferior clergy in the House of Commons, when that house as yet existed mainly for taxation. They procured their convocation about the same time instead of it. Afterwards, in its palmy state of general legislation, they discovered, when it was too late, that their exemption was turned into an exclusion. In 1663 the supreme head of the church of England found it no longer necessary to keep up appear¬ ances with a body already but a shadow. Without a law, a struggle, or even a word, convocations have died away. The clergy, on submitting to taxation by a temporal as¬ sembly, have acquired in return the humble privilege of voting for the members of a house in which they cannot •sit. A few bishops in the upper house are all that re¬ mains in the English institutions, of that third estate Govern- which was so necessary a part of the diets and states- ment and general of the continent, and which made so great a ."i people were most tender, and which they first succeeded in thorough¬ ly and irrevocably establishing. After the reign or Ed- ward III. a few" attempts, ill concealed under the soft words of loans and benevolences, are slight exceptions to the universal current of precedents. On this, admitted by Clarendon to be the clearest of all points, the Muarts dragged the judges with them into the abrss. The pa¬ tience and perseverance of the English people are equally signalized in the steady parliamentary resistance by which the account of ages was closed with the act of the loth Charles I. c. 8, against the imposition of tonnage and poundage, without consent ot parliament. It is the last act in the statute-book against arbitrary exactiuns ot re¬ venue. The right to participate equally in general legis¬ lation was obtained early, but slowly enforced. The loth Edward II. had recognised the necessity of the concur- rence of the commons to all measures whatever m the most positive terms. It is probable, however, that for some time afterwards, its assent tor ail purposes except taxation was little more than constructive. The commons, it is true, after the next reign, figure, by name at least, aimost always in the enacting clauses; the laws being generally said to be made by the king, with the assent ot the .ords, at their request. At this period, however, the king, by diminutions and additions to a petition, often so complete¬ ly changed its nature, as to become himsell the real legis¬ lator on its contents- They consequently insisted, in the 2d Henry V. “ considering they had ever been as well as- senters as petitioners," that without their assent it should be no statute. The abuse was only put an end to in the reirni of Henry VI- by the slight variation of drawing up the'bills in their present form. There '.s only one instance mentioned during the tyrannv ot Henry ^ HI. of the re¬ jection of a bill supported by the crown. the commons found courage on several occasions to resist the rne^smes of his children. The year 9 Henry IV. above referred to, is also remarkable for the first assert;?!; in bebaii tree- dora of speech in parliament, by cec^iricg t^.e king is to take no notice of what passes there. ThU impunity is confined, however, to the locality of the speech so spoken. \ publication of it bv the press or otherwise is responsible to the ordinary law' The earliest defir.Ton of privilege on arrest is in Larke’s case, in S Henry * L The case of Storie in the kth Edward YL is the first commitment which has been recorded of one ot their own body for contempt. In proportion as the House of Commons became gradual¬ ly more and more mixed up with the genera, anairs opiate, the possession of these powers and privileges rose in im¬ portance, as being essential to its independence. Mere as¬ surances of this or that immunity are of no avail, unless the means of realizing them also exist- The necessity to which Sir Thomas More was obliged to yield, of retiring into private life, in order to escape the displeasure of Henrv YtL, on account of a speech in the House of Com¬ mons,' shows that the season for a valid parliamentary oppo¬ sition had not yet arrived. In the attack upon the five mem¬ bers in the house itself, Charles L outheroded himself. On other occasions, he had lain in wait for the dissolution of parliament, which was his usua. ^.gaal for resuming more open hostilities against the liberties of his people. As soon as the speaker's mace had been msec chanted ot its protecting power, the royal warrant was wont to go forth against the most popular ot the rate members by whom his illegal designs had been principally thwarted. The law and the fact, however, improved togetner. Both houses have long been in possession of whatever powers can be necessary for the performance of their public du¬ ties. Popular members are as safe after as during sessions. Nobody dreams of intimidation. Parliamentary corruption has not merely declined ; it has almost disappeared. If a comparison between the pensioners and placemen of an¬ cient parliaments, with the modest list of officers of the crown sitting there at present, be satisfactory, what ought to be felt at the contrast between the unblushing bribery ot Walpole's administration and the purity of modern govern¬ ments? The compulsory economy introduced into the treasury has co-operated, with other causes, of which the chief is public opinion raised under the sanction of the middle classes, to elevate the standard of public morals amongst public men. The boundary which separates legi¬ timate and undue influence, is that at which practical po¬ liticians no less than theoretical reasoners have arrived at last. As corruption began at the top, it has first ceased there.* Whatever remained to be done in improving the public spirit of the elected, as well as of the electors, it is the direct tendency of the reform bill to accomplish. The elective franchise is now thoroughly identified with the nation, and is made, in the eyes both of those who choose and those who are chosen, more visibly and entirely a public trust. The destruction of the nomination boroughs leaves no pretence for the open constituencies which per¬ severe in converting the trust into a sordid personal advan¬ tage. The parts which unfortunately appear to continue tamted are as yet inconsiderable. Unless they yield to the alteratives by which the whole body politic has been renewed and strengthened, they must be cut out. His¬ tory holds out no hope that the inconsistency of incorrupt representatives and of corrupt electors can continue long. The supposition of a legislature consisting of three co¬ ordinate authorities, does not imply a defined line or lo¬ gical division to which they must each conform, and which every body can distinguish ; on one side of which, the con¬ currence of the several parts must degenerate into mere de¬ pendence ; whilst, on the other, their separation must form into impracticable opposition. The experience, however, of all mixed governments, more especially a comparison of the case of England with that of countries subject to the simple forms, establishes the fact that it is not a mere fiction, concealing under nominal distinctions the real servility of the inferior in their subjection to the supe¬ rior members of the supposed partnership. It is evident that a sort of adjustment does practically take place, suffi¬ cient to produce a palpable effect. The nature and tem¬ per of a particular society may easily make such a consti¬ tution impracticable. But, under fortunate circumstances, it in a great measure accomplishes the ends which it is its professed object to perform. The problem assumes the natural inclination of its respective parts to press unduly on each other. In tracing a constitution which has been formed by time, and has endured through ages, the tendency of the several biases must be expected to be more appa¬ rent, now one way, now another, than in a government ot entirely new construction. Encroachments at different pe¬ riods are more likely to take place, from a recurrence to former usages on one side, or from a spirit of re-action to them on the other, in constitutions which have grown up, like those of England and ancient Rome, by the amend¬ ments of centuries, than in mechanical contrivances, like the government of Lycurgus and that of America, modelled from the beginning and at once, on an express design. Ac¬ cordingly, English history presents examples of each branch of the legislature in its turn assuming a legislative power. The king has issued his proclamations to create, not to promulgate law, under the pretence of state expediency. An irregular exercise of the equivalent power of suspend¬ ing or dispensing with the law, in other words, a claim to Govern ment ant Laws. ENGLAND. Govern- untie by himself the knot which the entire legislature had cent and tjed5 }ia(j prevailed so long, that even at the Revolution Laws' it was only partially denounced. Ordinances authorized bv both houses, whether for the militia or otherwise, are equally indefensible. The same is the case a fortiori with resolutions by either house singly against putting in exe¬ cution such laws as happen to be unacceptable to it, but which the other branches of the legislature are not will¬ ing to repeal. Notwithstanding a most unguarded admis¬ sion by Mr Justice Gould to the contrary, in the conflict¬ ing decisions which arose out of Wilkes’s case, there can be no doubt but that the doctrine of Lord Mansfield is correct. Speaking of declarations of law made by either house of parliament, he observed, -that he never thought himself bound in his judicial capacity to honour them with the least regard. The vote of the commons in 1648, that their single enactment was law, called forth on the Restoration the statute of 13 Charles II. It subjects to the penalties of prcemunire, the advised affirmation that both or either of the houses of parliament have any le¬ gislative authority without the king. The unconstitutional attempts of both houses, especially of the lords, to extend their jurisdiction as courts of justice, brings us properly to the next consideration. Judicial The necessity of separating the judicial from both power. legislative and the executive power, and of vesting it in independent tribunals, is now universally admit¬ ted. But it is a necessity which antiquity never perceiv¬ ed ; and it was in direct opposition to the letter and the spirit of the feudal system. Therefore the successive generations which moulded the English constitution into shape, may be excused for having learned it but slowly and by experience. English history providentially is stained with fewer judicial iniquities, which are the greatest of all crimes, than that of almost any other country. But a fail¬ ure of justice is the worst feature of the long period com¬ prehended in the lines of Plantagenet and Tudor. Per¬ haps the greater part of the deficiency is to be attributed . to the imperfect division of these powers, especially of the executive and judicial. Lord Clarendon has left a pic¬ ture, sketched as late as the middle of the reign of Charles L, of what may be expected from a legislature, a court of justice, and a board of administration, all in one. Officers of the crown became “ a court of law to determine civil right, and a court of revenue to enrich the treasury^; the council table by proclamations enjoining to the people that which was not enjoined byr the laws, and prohibiting that which was not prohibited; and the star-chamber, which consisted of the same persons in different rooms, censuring the breach and disobedience of those proclama¬ tions by very great fines, imprisonments, and corporal severities; so that any disrespect to any acts of state, or to the persons of statesmen, was in no time more penal, and the toundations of right never more in danger to be de¬ stroyed. The supreme courts at W estminster were ori¬ ginally derived out of the royal court or aula regis, which consisted ot the great household or personal officers and the barons. They were intended to dispatch the ordinary judicial business, especially during the absence of the household and personal officers in attendance on the king-, or when the barony might not be assembled. The autho¬ rity of these derivative courts, whatever might be the case with the aula regis as far as concerned the barons, was not in the eye of the law inherent. It was supposed to be delegated to them by the king, as the fountain of justice to his subjects. 1 he judicial power of parliament, however, was not displaced, nor meant to be so, by these auxiliary institutions. Fleta, writing in the reign of Edward I. treats it as still the high court of justice, “ w'here doubt- lul cases of judgments are resolved.” There can be no VOL. IX. 17 doubt but that annual parliaments were first demanded, Govern- and their intermission felt to be a much more serious mentand grievance on account of their judicial than of their legis- Laws, lative capacity’. It is evident, from the state of the early statute-book, that the meeting of many a parliament might have been saved had they met onlyr for the purpose of le¬ gislation. There is a memorable order of 18 Edward I., by which petitioners to parliament are apportioned to the several subordinate courts of justice, both for their own dispatch, and to enable parliament to attend to public busi¬ ness. If the matter happened to be so great or of such grace that these courts could not end it, the chancellor and chief ministers were with their own hands to bring it before the king and his council. Coke observes, that wherever the king and council are mentioned judicially, it is to be interpreted to mean the House of Lords. The celebrated treason statute, 25 Edward III. closes its enumeration of the treasons specified therein with the express reservation of “ other like cases of treason which may happen in time to come.-’ In which case “ the judge shall tarry without going to judgment of the treason till the cause be showed and declared before the king and his parliament, whether it ought to be judged treason or other felony." The re¬ servation, however inconsistent with the right of a people that the law shall be defined beforehand, so that thev mav know what to avoid, and under what penalties, is plainly a reservation of judicial and not of legislative power. In fact, this parliamentary superintendence is recorded, on the authority of Chief Justice Thorpe, to have been at that time the common course in other cases as well as trea¬ son. He stated, in the 40th Edward III. a that he and Sir Hugh Green went together to the parliament, when there were present at least twenty-four bishops and earls, and asked the opinion of those who had been the makers of the late statute of jeofail, concerning the alteration of a re¬ cord.” “ At another time.” the same judge says, *• we were commanded by the council, that when any case of doubt should happen, we should not go to judgment wit hout good advice; therefore,” adds he, in the case then before the court, “ go to the parliament, and as they will have us do we will, otherwise not. The danger from this anoma¬ lous tribunal would have been increased a thousand fold, ii the lords had succeeded in the unwarrantable claim which they7 set up in 11 Richard II. to a law of parliament differing from the civil and the common law. The exten¬ sion of this irregular claim by Coke to the privileges of the lower house was more, certainly, than the imperious barons of Richard II. ever contemplated by their mutinous declaration. But it is still more unwarrantable, and more surprising, that Burke should have renewed the doctrine of a parliamentary supremacy, in judicial proceedings be¬ fore parliament, over the rules of ordinary law. As the penalty of this grievous error, his admirable Report on the proceedings against Warren Hastings remains compara¬ tively unknown. I he share which the House of Commons took in this judi¬ cial jurisdiction was, it any, very inconsiderable. Thorpe in the above passage uses the word parliament, but men¬ tions only earls and barons. The ordinances Henry IV., which has provoked so much legal spleen, from its direct¬ ing that no apprentice or other man of the law should be elected a knight of the shire, took its hint from a previ¬ ous one in the reign of Edward III. against iawyers prac¬ tising in the king’s court. They were accused of putting f orward, as public petitions of the commons, matters which concerned only their own clients. Notwithstanding the expression client, the ground of disqualification here as¬ signed relates probably to what was formally legislative, and not judicial business, something like the private bills of the present day. I rom the course of the constitution, c 18 ENGLAND. Govern- as well as on their own disclaimer, Mr Hallam considers ment and that the intermeddling at all-in judicature by the com- Ijaws- mons upon the petitions addressed to them, was pure usur- nation. He suggests that their intrusion may probably account for the disuse into which, from the time of Henry IV. the lords allowed their appellate authority to fall. It is very difficult to make out the steps by which they could have claimed the right in question. But there is some difficulty in conceiving that the influence of the House of Commons was so commanding at the period in ques¬ tion as the alternative supposition would imply. Could they be strong enough to make good a mere encroach¬ ment of this sort, and leave a competitor like the House of Lords no other method of resisting their invasion of its ancient right than by also abandoning it altogether t Writs of error were resumed by the lords about the accession of James L, renouncing all claim to any original jurisdiction in judicial causes. This is surely anomaly enough. All pretence for the other had disappeared in the equality of persons, in the uniform supremacy of the law, and m the acknowledged excellence of the ordinary tribunals. Not¬ withstanding this disclaimer, the extent to which the Eng¬ lish legislature, under circumstances more or less excu¬ sable, perplexes itself with questions properly belonging to courts of justice, is subject to serious objections. It no¬ where appears to such disadvantage as in bills of attainder, of pains and penalties, and divorce bills, which are all proceedings of a judicial nature applied to a case of ex post facto'law. In judicial inquiries, carried on as such by either house, its numbers, partialities, habits, and the intrinsic difference between legislative and judicial con¬ siderations, make it impossible to convert a legislative assembly into a satisfactory court of justice. This truth has been frequently, and is still, occasionally verified. In its character of a court of ultimate appeal, the House of Lords escapes the disgrace which must otherwise have been heaped upon it long ago, by retaining the jurisdic¬ tion only in name, whilst the jurisdiction is m fact aban¬ doned to its legal members. There is more to be said for so peculiar an exception as that of an impeachment. But later precedents, as in the instance of Warren Hastings and Lord Melville, do not warrant the expectation that an impeachment, even before such a body, can easily become an efficient instrument of justice. The only judicial mat¬ ters which can be brought before the House of Commons are proceedings for contempts. Hurried on undei great excitement before the whole house, they are exposed in an aggravated shape to whatever risk proverbially disqua¬ lifies an individual from being a judge in his own cause. It is only in comparison with what is recorded of the trial of disputed elections by the house itself, that election committees have acquired a conditional reputation. Com¬ mittees on private bills are frequently legislative only in form, whilst they are in reality judicial inquests. They con¬ sider themselves above even the forms of justice. No- thino- is more common than for members to oblige their friends, by stepping in to divide upon the merits of a case, where they have never heard a syllable of either the evi¬ dence or the discussion. It is a singular instance of the force of habit, and of the barrier raised by technical dis¬ tinctions, that this is done by persons who would act ne¬ vertheless with perfect honour upon a jury. In a simple state of society the judicial and executive authorities are always found united. Eastern kings admi- nistered justice at the gate ; St Louis under the oak. A confusion between these authorities is therefore, under all governments, in the natural course of things a more probable event. The original theory of the English con¬ stitution, as far as theory can be predicated of its rude provisions, saw no incongruity between the duties. The traces of an entirely opposite presumption are still amongst Govern, the minor embarrassments of at least the language of the law. The administration of justice in the name of the kino' was formerly more than an honorary prerogative. It was a feudal truth and necessity. It is now a fiction which can only mislead bot*h kings and peop e. Black- stone says, that when the law calls the king the fountain of justice, it does not mean that he is the author of it, but the distributor. Yet there are many things contrary to this distinction, and the contradictions show most strongly the mischief of these metaphorical compliments. The pay¬ ment of fees on original writs, the unjust rules in the ex¬ chequer in behalf of the prerogative, the flagrant fines in the olden time as the only means of obtaining common justice, presuppose that the king was so far its author that he could only be asked to grant it upon his own terms. Judi- cial extortions became less frequent after Magna Gharta ; but they prove the grievous necessity which existed for its assurance that the subject should have remedial justice, “ freely without sale, fully without any denial, and speedily without delay.” A tax on justice is one of the worst sources of royal revenue, under whatever title it be imposed. At the present day the propriety of completely sepaiating ex¬ ecutive and judicial duties is the tritest truism. It is next to impossible that a sovereign should have the leisure, the attainment, or, in the most important cases, the impartiality, to administer justice in his own person. The guilt of tam¬ pering or of intimidation addressed to the judges, to whom the king has on the part of society committed his judicial trust, is a heinous offence in the meanest subject. W hen it proceeds from the king it is aggravated a thousand fold. But it is not enough that the hands of justice should be pure. Their purity should be beyond suspicion. For this purpose the independence of the bench ought to be main¬ tained above all possibility of fear or favour. Perhaps there is no better evidence of what had long been only tradition concerning the personal attendance of the king in his courts of justice, and on the limits within which he was confined, than is contained in the case of jurisdiction of the House of Peers in the year 1666. It is there said, that “ when the king attends in the House of Lords in his judicial capacity, he sits but as chief justice, doing nothing singly, but by plurality of opinions, as when the kings would in person sit in the king s bench, which they have in former time done, where all is said to be coram rege, though now he never come there; and in our memory King James hath sate in the star-chamber. It is natu¬ ral that the king’s presence should be last seen in the courts, which were not made unintelligible to common understandings by the forms of the common law, and which, by retaining the longest the name and the charac¬ ter of his council, seemed to keep the nearest to his per¬ son. Serjeant, when elected speaker in 1640, tells Charles I. “ My disabilities are best known to myself; and to your majesty, I suppose, not altogether unknown ; before whom, in the course of my practice and profession, it hath been your goodness towards the meanest of your subjects divers times to do me the honour and favour to appear and bear a part as an ordinary pleader.” So little did the Plantagenet generation know what they ought to have prayed for on this subject, that in a list of very bold articles presented by par¬ liament, to which Henry IV. consented in the eighth year of his reign, there is found the following request. It was prayed his majesty, that, “ considering the wise govern¬ ment of Other Christian princes, and conforming himself thereto, he would assign two days in the week for petitions, it being an honourable and necessary thing that his lieges who desired to petition him should be heard.” James I. had a great longing to exhibit every phasis of his learning to his subjects. After having been told in Wraynham’s case by V. ENGLAND. Govern- the judges, cessat rer/nare qui cessat judicare, it is not ment and surprising that he should think the opinion of Lord Coke, v Laws. tjiat kjjjgg 0f England were incapacitated from the exer- cise 0f any judicial functions, little short of treason. No¬ thing, however, is more fully settled than that, as on one hand, the House of Lords, the Privy Council, and the ordinary tribunals of the common law, derive all their ju¬ dicial authority in the first instance from the crown; so, on the other, whatever judicial authority the king origi¬ nally possessed, it was possessed as in a reservoir, and has since all passed out of him into the appointed chan¬ nels of his courts. Direct interference on the part of the crown with the integrity of the judges was unfortunately not peculiar to the Stuarts; but it ended with them. It was carried by them also to such extravagant and unheard of lengths, as to throw all previous outrages of this description into the shade. The ignominy of the imputation has rested there¬ fore principally on their name. Elizabeth had the sense to respect the honour of the interpreters of her laws ; so that Coke felt what he called the taking of auricular con¬ fessions by James to be a novelty and a disgrace. The course, however, of the whole judicial history of England teaches a great lesson : the extreme difficulty of maintain¬ ing freedom with dependent judges. The struggle began at Nottingham, with the treasonable surrender of the infant constitution of their country by Tresilian and Belknap, in their discretionary expositions of law to Richard II. The impunity of intervening centuries tempted the colleagues of Finch and Crawley to believe that, supported by a so¬ vereign at least as arbitrary, they might in their day set parliament at defiance. Although their virtue often fail¬ ed, yet, in the main, the judges of the supreme courts of Westminster did their duty beyond what could have been expected. Fortunately for their characters, special com¬ missions, composed chiefly of courtiers, were issued on most occasions of jealousy and alarm. In consequence, they Iseem to have kept their ground in the confidence of the public much better than the subordinate magistrates, who were subject, but in a less degree, to the same in¬ fluence. These latter never gave much satisfaction. The ancient conservators of the peace, instead of continuing to be elected by the freeholders, were turned, in the first year of Edward III. into nominees of the crown. The necessity of suppressing the malefactors, who appear in those days to have been at times encouraged by members of the nobility, could not prevent the justices so appoint¬ ed, on the extension of their jurisdiction, from becoming speedily unpopular. A petition from the House of Com¬ mons, in the 11th Richard IF, declares that “ every freeman in the land would be in bondage to these jus¬ tices.” Even in the retrograde years between Henry VI. and VIII., the difference between the independent tribu¬ nal of a jury, and that of perpetual officers connected with the executive, was well established. The right that cri¬ minal proceedings should follow the course of indictment and of the common law, is repeatedly and earnestly urged. Juries had so far begun to do their duty, that the fiscal purposes of Henry VII. could only be carried into effect by enabling these creatures of his power, removeable at his pleasure, to try all offences except treason and felony by themselves. The restoration of a jury to its pristine rights was one of the measures by which Henry VIII. won, on his accession, the popularity which he afterwards so cruelly abused. This affectation of a return to the old constitution¬ al character of the English courts of justice, was soon over¬ thrown by terrible innovations, like the creation of the pre¬ sident and council of the north, and of the Welsh marches. The worst part of these novelties consisted in their in reali¬ ty placing the judicial and executive authority in the same J9 hands. What could the subject expect from a tribunal Govern- of which Wentworth was the president? MrHallam says m®nt and that these and other irregular tribunals, when abolished vJVav^V, by 16 Charles I., had usurped so extensive a cognizance as to deprive one third of England of the privileges of the common law. It was nevertheless reserved for the high churchmen of Charles II. in the year 1664, to return to the charge. Legislating against what they unjustly called seditious conventicles, they ventured to arm a single jus¬ tice (it is necessary to remember only what were the de¬ pendent justices of those days) with the power of inflict¬ ing seven years transportation on a third conviction of the offence of worshipping God contrary to act of parliament. The objection applies still more strongly to the original authority of the sheriff. The shrievalty was generally sold by the Norman kings, and was an office of great emolu¬ ment, and still greater influence. The coroner, with his limited inquest of criminal police, was left to popular elec¬ tion. But the sheriff, from the conquest downwards, except during the sixteen years which intervened from the 28th Ed¬ ward I. to the 9th Edward II., was nothing but the annual¬ ly nominated servant of the crown. Great judicial autho¬ rity was intertwined with his civil superintendence over his county; the more so, because the law has never suf¬ ficiently distinguished between acts which are judicial, and acts which are ministerial only. Although in the hundred and the county, as well as in the baronial court (not being courts of record), the freeholders were the real judges, both of law and of fact, the sheriff’s authority was the subject of great alarm. The principal sources of this jurisdiction were by degrees turned into other chan¬ nels. Criminal pleas were taken from him entirely as far back as Magna Charta. The complaint upon which that clause was founded had only sought that he should be restrained from hearing them except when assisted by the coroner. The confidence felt in the popular presence of that officer for decompounding and breaking up this dangerous identity of powers, appears by several other writs in Rymer. The justices-in-eyre, not being the same always as the judges of Westminster, were probably often but partial improvements on the local administra¬ tion of the sheriff. Their circuits, however, facilitated the transfer of most of the civil as well as the whole cri¬ minal business into a more strictly and purely judicial court. The civil cases still cognizable in the county court, in which the sheriff is both presiding officer and executioner of justice, are the inconsiderable and almost obsolete remains of former usage. From this brief review, it appears that formerly the judi¬ cial power was often placed in the same hands with the legislative and the executive. This probably never took place without the people suffering severely from it. The small territorial jurisdictions, civil or criminal, must have been the worst of all. The existence of other checks at present, and the vigilant rapidity with which public opi¬ nion keeps hovering over and bearing down'upon all offi¬ cial misconduct, may blind us as to the importance of the principle itself. A hazard, of which the only actual mis¬ chief is in the precedent, may seem not too much to incur for the convenience of this or that exception. At the same time, no nation is wise which in such a case presumes too far upon its security. A judge, when mem¬ ber of the legislature or of the cabinet, is in a position which ought to create, both with himself and with the people, a degree of watchfulness, not to say jealousy, far beyond the case of other men. It is to be remarked, that the greatest of all exceptions which occurs in this respect in English practice, that of the Lord Chancel¬ lor, occurs in the very instance where the existence of the judge depends on the casualties of the ministry of 20 ENGLAND. Govern- which he is a leading member. An examination of the ment and judicial removals during the Stuarts shows the extent to Laws. thn hnnps and fears of the bench were constantly which the hopes and fears of the bench were constantly ' v ~ played with. It was a system, and not an accident. No¬ thing short of the 13th William III. could have put it down. That statute altered the patents of the com¬ mon law judges, from patents during the king’s pleasure, to patents during their own good behaviour. 1 he little that was left to be done, was done at the accession ot George III. This last amendment consisted in excepting their commissions from the fate of all other crown ap¬ pointments, that of being vacated on its demise. It was a very prudent waiver of the little remnant of arbitrary power- which, strange to say, had in the interval been misused. But the waiver could of necessity be made by any actual sovereign, solely at the expense of his suc¬ cessor. If a stop had been put to the analogous suspi¬ cions connected with the promotions of judges and the translations of bishops, it would have obviated an evil of more frequent recurrence. On considering the elements of the character and of the happiness of the nation, the English people are perhaps not more indebted to their par¬ ticipation'in legislation by means of the House of Com¬ mons, than to their share in the administration of justice in the capacity of jurors. Not only has the executive been kept at bay by their interposition, for the legal veri¬ fication of the fact at issue, but the legislature has received more than one useful warning from their collateral influence on the’law itself. For both these purposes it was indispen¬ sable that intimidation should be removed from a juror as thoroughly as corruption; and that offences impute o him in the discharge of his duty should be investigated and punished as cautiously, as reverently, and befoie as impartial, if not as solemn a tribunal, as similar offences imputed to a judge. The day when m Bushel! s case, the court relinquished the pretension of fining or imprisoning a jury for its verdict, ought to be as memorable as any in the annals of the victories of justice. It heralded in, an was in no degree less important than, the day which made it impossible that any successor of Pemberton (for even the chief-justice who tried Russell had paid too much re¬ spect to freedom) should be arbitrarily displaced. In this point of view the dissatisfaction expressed by Jefferson with the corresponding rule in the constitution ot the Tinted States, that the judges are irremoveable, except by a resolution of two thirds of congress, is very surprising. The exception would seem amply sufficient to secure the legislature the necessary discretionary control. Tonsi¬ dering the position occupied by the ordinary courts ot in slice in the United States and in England, it is impos¬ sible that they can make any serious encroachment on the other departments of the state, without a degree o negligence or connivance on the part ot the legislature utterfy inconceivable. The cry against judge-made law, on the ground of its being an unwarranted encroachment, appears also, to the extent to which the common law courts have carried their incidental legislation, to be quite un¬ founded ; and most of all in England, where the common- law fudges are much more justly liable to the inconsistent accusation of standing too stoutly upon the letter and strict¬ ness of the law, and of having brought on the necessity of an equitable jurisdiction and of irregular tribunals, from their narrow adherence to precedents and forms. I hey are not answerable for the main defects of the English system, whether in the body of the law itself, in the cen¬ tralization of the metropolitan courts, or in the inadequa¬ cy of the local jurisdictions. Fxeeutive A gbvernment, where in point of form the legislative power and judicial authority appears to emanate from the crown, is certain to have placed its executive power solely in the king. Long after the two former authorities have sue- Gjnern-^ ceeded in gradually emancipating themselves from every Lawg thing but the antiquarian recollection of their original sub- ordination, the latter arrangement will in all probability retain its pristine vigour. This is the consequence of the substantial advantages which belong to a single and permanent executive. Such, at least, has been the course pursued in England. The founders of the republic of the United States, from their near observations upon the French Directory, and from their personal experience of the disunion of executive committees during the war ot independence, admitted the propriety of placing the ne¬ cessary powers of the general administration in the hands of a single individual. The name, whether king or presi¬ dent, is hardly worth discussing. The great questions are, the mode by which this supreme magistrate shall be ap¬ pointed, and the powers with which he shall be invested. In comparing with this view the English and the Ameri¬ can systems, the principal difference between them is in the mode by which the executive is appointed, and not m the amount or nature of its powers. In their jealousy of the concentrating effect of power, the Americans have sub- ieeted all the members of congress, the senate as well as the house of representatives, and the office of president equally with the senate, to the principle of rotation ; only differing in the degree of rapidity with which the elective wheel in the several cases performs its circle. By this specific the evil tendencies of political power are supposed to be reduced within manageable limits. Impartial specta¬ tors, on comparing the risks of hereditary descent as ex¬ perienced in England, with the risks already manifested in the quadriennial presidential elections of America, may perhaps be disposed to decide in favour of an hereditary parliamentary title, with reference to the actual passions and prospects of society. A four years’ lease of the pre¬ sident’s chair may be too exciting a prize to be safely left to popular competition. Besides, the very character and abilities most likely to be admired, are those on which the temptations of such an elevation must act with the great¬ est force. It is one of the advantages of the English system, that whilst the doctrine of descent greatly limits the probability of dangerous talents in a sovereign, the mechanism of the constitution is so well arranged and understood as to do its work without them. The powers vested in the royal executive are not extreme; for they are nearly the same as those which it has been found ne¬ cessary to maintain in the United States, notwithstand¬ ing all the advantages of a new country. Under an ancient but progressive government, the exe¬ cutive authorities of the chief magistrate, like all the other authorities of the state, must be capable of being consider¬ ed in three different points of view. These are, the histo¬ rical, the actual, and the philosophical. Its constitutional history will vary, both in the facts which it exemplifies, and in the reasoning by which it is explained, at difieient pe¬ riods. The correct legal description of it at any given moment, for instance the present, can represent at most only the law and practice of the age. I he philosophical conclusion, how far it ought to extend in reason, may be, and probably will be, only obscurely signified in either of those inquiries. Mr Allen, in his inquiry into the rise and growth of the royal prerogative in England, and Mr Hallam, in different parts of his constitutional history, have left little to be added upon the first division. Mr Bentham, in his treatise upon legislation, has generalized upon the last. The legal exposition of the second is all that Blackstone properly undertook. Nothing certainly can be more absurd than the language wdfich he has co¬ pied, in order to express the paradoxical fictions of the supposed attributes of sovereignty, perfection and perpe- ENGLAND. Govern- tuity. The parliament which consented to describe the ment and forfeiture of the crown by James II., under the eupho- ' Laws. nism 0f an abdication, proceeded in the selection of the word on many precedents. Their ancestors, at every compromise with royalty, had demonstrated much indif¬ ference to words, provided that the end and consumma¬ tion were substantially achieved. In English constitutional law, an unlimited and almost oriental deification of expres¬ sion is found alongside of rights strictly limited and speci¬ fically defined. The Plantagenets, however, were much more cautious than the Tudors in bringing this inconsist¬ ency to the test of a collision. Unluckily for the Stuarts, they were mystified by the welcome homage of servile civilians and meddling churchmen. By forcing on the so¬ lution of the problem, they learned too late, that from the fact of the prerogative being incorporated with the law, whatever was not found there could not possibly be with¬ in it. Even Locke’s definition of prerogative, which Black- stone has thought fit to praise, is too liberal, not only for the rights of reason, but for the rule of law. “ The dis¬ cretionary power of acting for the public good” does not extend to all cases “ where the positive laws are silent but to such points only as the constitution has expressly reserved for this discretion. Otherwise we come to the intermediate inherent power on which James I., in his Flowers of Grace, claimed for royal proclamations the force of temporary laws. The proper course on such extraor¬ dinary occasions is for ministers to act on their responsi¬ bility, and trust to parliament for an indemnity. The Stuarts were doomed to make the additional discovery that, among prerogatives strictly legal, there were some, both prerogatives of authority and prerogatives of reve¬ nue, which, being false in principle and mischievous in effect, the public had become sufficiently intelligent and powerful to recall. Our early kings, in the insidious reservations (salvo jurecoronce nostrce) by which they nar¬ rowed many of their most popular concessions, had suc¬ ceeded in a great measure in rendering that part of the constitution unimproveable and fixed. This was the course, before notions of an abstract jus regium by con¬ sent of nations, or the doctrine of a native immortality in the prerogative, which acts of parliament even could not reach, had been yet imported into courts of law. A struggle which could only be kept up by these new and desperate assertions, was evidently near its close. These novelties were in part the penalties of the Reformation, at least as applied to England. Henry VIII. obtained for the crown a new prerogative on that occasion. It was a more dangerous one than perhaps all before it, in conse¬ quence of the greatness of the subject which it concerned. The act of supremacy was the corner stone of the high commission court. Mr Hallam truly observes, that “ the real aim of the clergy, in enormously enhancing the pre¬ tensions of the crown, was to gain its sanction for their own.” They played into each other’s hands. If, as Mr Hallam affirms, the nation might be considered, up to 1640, as having been, “ in regard to spiritual dominion, a great loser by the Reformation,” it would have lost every thing in regard to the crown, had civil liberty depended on tlie loyal sophistries of the church. The apparent strength of the executive on the breaking out of the civil - wars, presented so formidable an aspect, as to deceive even Strafford not only into a desertion of the cause of the people, but into the adoption of the language and senti¬ ments ot Laud. From the example of foriper times, and trom the external superiority which necessarily surrounds the throne, he egregiously miscalculated the means of the two parties who were then about to decide this battle by an appeal to arms. It is scarcely less surprising, after its result, to find political judges like Jefferies so intoxicated 21 by the saturnalia of the Restoration, as to continue to ha- Govern- zard these and similar insane dicta, down to the very eve m®nt an<^ of the Revolution. On that event the nation carried the , aws‘ principle of the exclusion bill by acclamation. The ex- elusion bill was looked upon, from the time that it was first mooted, as the extreme case. It was among the prin¬ cipal argumentative advantages of the Revolution, that it put an end to all discussions founded upon the supposi¬ tion of inviolable prerogatives, then and for ever. It is perhaps not too much to say that the direct prero¬ gatives, in respect of authority, which were objectionable, are all either abolished, or, in case the law of England allowed of desuetude, are obsolete. Some few incidental ones remain, which appear to be in the course of removal; since recent legislation has happily shown a desire to look towards a reformation of the law. It is unfortunate that the direct prerogative, which is. on the face of it the most revolting, nevertheless, from its having so long principally supplied the king’s service with seamen, demands, in the immediate modification of it, considerable caution. Ma¬ rine impressment, it must be remembered, came in, how¬ ever, upon no supposed necessity of this nature. It is the remnant only of a doctrine and a practice which at one time included soldiers, and many classes of civilians. Like most other prerogatives, it was abused under Charles I. for the purpose of extortion. Several of the common people who refused loans are said to have been pressed into the navy. There has fortunately been such little demand for prero¬ gative learning since the great argument of ship-money, that the judgment of Sir M, Foster in Broadfoot’s casej, in the year 1743, in support of the legality of impressment, was wanted to recall the attention of English lawyers to the several conditions which the law requires as evidence of a subsisting prerogative. The debates on the alien act revived these discussions for a season. The lawyer and the statesman look at questions of this kind from different points of view. The first regards what is; the second, what ought to be. For whether the particular powers are wanted, and where they should be placed, are further questions. In case these questions are settled in the af¬ firmative, it is unwise, by division, rotation, or a multipli¬ city of checks, to reduce their efficiency below a certain point. Society loses more than it gains by such expe¬ dients, as often as necessary powers are thus incapacitated for the due performance of their functions. This was fre- quently attempted in ancient times. On the other hand, governments cannot be too cautious against the abuses which constitute the provocations to such restraints. Un¬ just interpositions of the nolle 'prosequi, and of pardon by the crown, gave popularity to the appeal of murder. Lord Holt, looking back rather than around him, called the anomaly “ a noble remedy.” Several petitions were ve¬ hemently urged by the commons of former days against the generous prerogative of mercy. The degradation by James I. of the prerogative of honours, by bartering them, for the first time in English history, for money, and the subjecting the peerage by Queen Anne to the perso¬ nal ambition of a minister, have the same tendency. They bring the prerogative itself, as well as the subjects of it, into disrepute. The prerogative of making peace and war was tarnished by the base negotiations of Charles JJ. It was damaged later still, when Chatham himself was not able to withstand the electoral prejudices of his sove* reign in behalf of a campaign in Germany. The observa¬ tion may be extended through every department of admi¬ nistration. It applies especially to the formation and the government of so jealous and delicate an engine as that of a standing army. The moderation which the executive had displayed in the exercise of more qualified powers, could alone have introduced into and kept in the mu* 22 ENGLAND. Govern, tiny act the clause by which courts-martial are enabled ment and to punish mutiny and desertion with death. It was insert- Laws. e(i for the first time in 1718; and it was only carried at the time by small majorities. Of the impolicy of creating an atom of waste power there can be no dispute. But if the power is really wanted, they are sorry horsemen who are obliged to keep the strength and courage of their horse permanently below his work, as their only means of riding him. On the supposition that the powers are fitting powers for the executive magistrate to possess, the appro¬ priate remedy is to apply ministerial responsibility to such cases, and to take care that the responsibility shall be a reality and not a name. The healthiness and vis medicatrix of the general system must do the rest. The prerogatives of revenue depend on a different class of considerations. The financial purchase of tenure by chivalry from Charles II. and the subsequent arrange¬ ments entered into on granting successive civil lists, have not gone so far towards completely sweeping out the holes and corners of the exchequer as might have been wished. The last fibres of the barbarous fiscal pretensions which flourished there in former days have still to be rooted up. The national revenue, properly considered, consists of the portion of his property which each subject contributes to the state, in order to secure the remainder. I hat being the just principle, its demands should be limited in amount to what is necessary for the proposed object, instead of setting a fiscal net to catch an irregular and indefinite number of certain matters. Further, by an accurate cal¬ culation and repartition, the necessary taxation ought to be equally borne, in respect of their means, by all the king’s subjects, instead of falling upon particular indivi¬ duals on the happening of particular contingencies. In its original state most of the ordinary or prerogative revenue raised the least possible sum with the greatest possible in¬ equality and inconvenience. The greater part of what remains is only remarkable for its picturesque absuiuity. There is, however, one terrible exception, far too mons¬ trous to be left for mitigation to the humanity of the treasury. Nothing can be worse than the wholesale for¬ feitures and confiscations which still sweep in the tiain of our criminal proceedings. In spite of the praises be¬ stowed by Blackstone on Mr Yorke’s essay in defence of the law of forfeiture, and although the people owe the 25th Edward III., which has been called the magna charta of treason, almost solely to a squabble between the king and his grantees the barons, for their several portions of the spoil, according as the late owner had been found guilty of treason or of felony, it is impossible that the lea- son and humanity of a great country can much longei per¬ mit cruel iniquity, abandoned by the most civilized pait of Europe, to be justified upon antiquarian learning or by metaphysical refinements. . Blackstone’s declaration at the commencement of his chapter on prerogative, that the powers which are ves .ed in the crown by the laws, are necessary for the purpose cu society, maybe thought even now, if their whole detail is minutely examined into, to go something beyond the truth. The exceptions, however, can be in practice of no great consequence. I he most obscure member of pniliament would have nothing to do at the present day but to attack any indefensible exception, by a motion for its repeal. From the era that a general control over the government passed into the House of Commons, influence has so much superseded force, that questions of pure prerogative have lost much of their importance. According to present usage, any transaction arising out of its exercise, if it is at all interesting or doubtful, must be brought sooner or later before the House of Commons. The difference in the three modes of proceeding, between which alone a minis- ter has to choose, Comes to iittle more than the option at Govern, which of its stages the transaction shall be brought there. This will depend on circumstances. It may be a case in which there is no pretence of a prerogative, as on a sus¬ pension of the habeas corpus act. Or the principle of a prerogative may be pretended; but it may be suggested that the means'for carrying it into effect are defective, as was suggested in the alien act. If there be time to apply to parliament to strengthen the executive, a prudent ad¬ viser would recommend, especially wherever a continuous measure is required, of necessity, on the first of these sup¬ posed occasions, but on both of them would he equally recommend, that the authority of parliament should be called in. In case a temporary emergency arises, more especially one which will not wait for parliament, as in the instance of the embargo laid by proclamation upon vessels laden with wheat in the scarcity of 1766, every adminis¬ tration is bound to take the responsibility of the measures demanded by the emergency; and parliament is bound to indemnify the authors of them for venturing upon a discretionary rigour beyond the letter of every day s law. The third supposition yet remains to be mentioned. W hen a minister is confident of the existence of the prerogative, and that the necessity for exercising it has arrived, there can be no occasion that the immediate representative of the executive should advertise for a parliamentary discus¬ sion. Let him use the instrument in the manner in which it was left by the constitution to be used. The opposition for the time being have it always in their power (and may be usually trusted for the inclination, as in the late Dutch embargo) to press the question to issue, and obtain the opinion of parliament upon both the point of right and the point of policy. For, on state-questions or this de¬ scription, the members of a government are as answerable to the community which they serve, for mistakes in po¬ licy, as for mistakes in right. The distinctions were only of use before the House of Commons ventured upon the general superintendence which it exerts at present. Black- stone observes, that “ the king, in the exertion of lawful prerogative, is and ought to be absolute,” subject to the re¬ sponsibility of ministers. Yet, from the nature of the case, as it is now understood, the king cannot be more or less absolute, nor his ministers more or less responsible, within than without these bounds. An unlawful prerogative may be assumed, a lawful one may be abused. As long as the constitution lasts, the king is in both cases alike person¬ ally secure. The unconstitutional adviser is in both cases equally answerable upon impeachment, and to the same degree. The decision against general warrants, when the official practice of three quarters of a century was at last brought into a court of justice, exemplifies the jealousy of the law in its own defence. The truth is, that the most satisfactory account of the mysterious maxim, that the king can do no wrong, since for every act done by him there must be responsibility somewhere, is an innovation which even the Revolution itself did not immediately intro¬ duce. The earliest strong assertion of it which Mr Hal- lam has perceived, is in a speech by the Duke of Argyll in the year 1739. Public opinion must have stopped short indeed, when a Whig, like Burnet, thought ministers were liable for advice given at the council, but not for the resolutions taken there ; that is, they were to be liable for their own words, but not for the act, which might be the act of the sovereign himself. Whilst this distinction re¬ mained in force, it was possible that the whole question in these cases might turn on the limits of prerogative, and on the fact, whether the necessity of coming to parliament for fresh power could be evaded. Ibis distinction, or something not distinguishable from it, was the shield be¬ hind which, strange as it now appears, both Whig and ENGLAND. 23 Govern- Tory ministers, Somers as well as Harley, alike retreated, ment and since the Revolution. Laws. prerogative, as above treated of, regards solely the remnant of those powers and privileges which had been vested in the crown from time immemorial by the com¬ mon law. What is left is a small portion of a heteroge¬ neous sovereignty, which had been originally wrested from a weak community by mere force, or which pertains to principles and circumstances long since decayed. From a sort of obscure traditional feeling, the word prerogative is more associated in men’s minds with the personal will and pleasure of the sovereign, than with his political and strictly legal duties. The thing itself has, however, gra¬ dually fallen into the general mass of executive authori¬ ty. Considered in this point of view, great additions have in later times been made to it. These additions consist qf powers derived directly from parliament, and transferred to the supreme magistrate on the simple sup¬ position that they are necessary for the public welfare. The preliminary question, Are they indeed necessary? occurs still more naturally on a demand that new powers should be granted, than on the suggestion that ancient powers might properly be retained. It is only when that point has been made out, that a prudent legislature will enter on the consideration of the precautions by which their abuse may be prevented, whilst their efficiency is maintained. To mention only one or two examples : The patronage of office has its risks in a free government. Yet it must be remembered that Polybius saw, in the in¬ fluence which the contracts and public works gave to the Roman senate, the necessary link by which its connection with the Roman people was held together. At all events, the disadvantages of the actual extent of ministerial pa¬ tronage belongs to the greatness of the British empire, and to the nature of its colonial possessions. The most rigid economy can alone reduce it within certain limits. An enormous national debt must still leave the public burdened with the additional evil of a proportionately enormous fiscal law ; more equal in its assessment than, but perhaps almost as harassing as, the ruder aids and in¬ cidents of feudal jurisprudence. It is made both more costly and more pernicious, from the childish weakness of insisting that the bitter pill, if it must be taken, shall be concealed under the form of indirect taxation. The difference in the powers, as given by the common law and by the riot act, to public officers over unlawful assem¬ blies, is scarcely so great as to be considered a dangerous augmentation to the force of any government. At the same time, whatever it may be, the same authority, or something very like it, may have become necessary for the preservation of the peace, when avast manufacturing population is collected together on one spot; liable to be thrown out of employment at every moment by the oscil¬ lations of trade ; accessible, besides, and accustomed al¬ most daily to the most inflammatory appeals. This is the case also with regard to the extension of a regular police, and to the employment of the military in subordination to a civil magistrate. The change, however, which would most surprise Whitelocke and the patriotic parliament- men who argued the militia question under Charles I., would be the mutiny act and the army list of the present day. They would think that the king might well consent to the concession of coming to parliament for its sanction, as his portion of the compromise. The balance of power in Europe was the only cause at first assigned in justifica¬ tion of a standing army; and it is still the burden of the mutiny act preamble. Our immense provincial dependen¬ cies have also to answer for it in part. However, another and a domestic necessity must have been silently making prodigious way, when so cautious a statesman as the late Lord Liverpool defended in parliament the numerical in- Govern- crease of the army, not by a reference to the state of Eu- ment and rope or the colonies, but by a comparison between the Laws- amount of the population now and in former times. It would be impossible to govern with so slight a pressure as society is at present used to, without a strong execu¬ tive. It is fortunate, therefore, that, from the systematic regularity which prosperous civilization has favoured, the actual powers of the executive government have become more consolidated, and their operation more uniform. The effect of the whole is, that in Mr Hallam’s opinion at the time of writing his invaluable work on the constitutional history of England, the English executive, “ though shorn of its lustre, has not lost so much of its real efficacy, by the consequences of theRevolution, as is often supposed; at least, that with a regular army to put down insurrec¬ tion, and an influence sufficient to obtain fresh statutes of restriction, if such should ever be deemed necessary, it is not exposed, in the ordinary course of affairs, to any se¬ rious hazard.” On the supposition that this opinion was correct at the recent period when it was delivered, experience alone can determine how far the supposed influence alluded to in it has been affected by the subsequent change in the con¬ stituency of the House of Commons. The supposed eu¬ thanasia of the English constitution, namely, the establish¬ ment of that simple monarchy which Hume and other writers have predicted as its natural fate, has been thrown back to an indefinite distance by parliamentary reform. If any thing like the same good sense and good fortune which have hitherto prevailed in the history of the people and their government shall be continued, there seems little reason why they should be thought to be hurried, by a measure of that principle and extent, within the perils of the opposite extreme. Neither the principle nor mechanism of the reform bill has so changed the nature of the account. The differ¬ ence of opinion entertained by different persons on a ge¬ neral comparison of the forces at work in the Ena^ish con¬ stitution, seems of itself positive proof that the variance, whether before or since, has been only in the inclination, but that the constitution is on its balance still. At the same time it must be admitted, that the interest which was strong enough to carry the reform bill, is tolerably secure. It is not difficult to prognosticate what would have been the issue of open resistance to the new politi¬ cal adjustment which has been settled upon its terms. It was impossible, also, from the causes which urged it for¬ ward, that the adjustment could have been much longer peaceably delayed. The impoverishment of the crown by the alienation of the royal demesnes ; its abandonment of claims and maxims become odious or ridiculous ; its po¬ litical incapacity to act on the House of Commons by the disfranchisement of old or by the creation of new boroughs; the scandal of private nominations, the still greater scan¬ dal of corrupt corporators and bribed freemen ; the doors of parliament thrown open to the people through the publication of the debates by means of a daily, almost an hourly press ; the increase of dissenters, displacing the monopoly of the clergy; a liberty, nay license, of discus¬ sion, popularising crude analogies to a new and kindred democracy in the United States, and reaching over every question and up to every individual in the land ; public opinion circulating from one end of the kingdom to the other, and brought concentrated with electrical rapidity at any moment to any point; the rights of conscience, of free opinion, and of political equality, so proudly recog¬ nised that they overcame at last even all the recollections arrayed against the Roman Catholic persecution of Pro¬ testant reformers; the universal responsibility of ministers 24 ENGLAND. Govern, for every act of government now as universally acknow- ment and led^ed ; the rise of immense towns, swarming with active Laws* artisans easily excited and easily combining; the con- slant accumulation of numbers, competence, and intelli¬ gence in the great and powerful body of the middling classes; the disappearance of the last relics ot feudal castes and prejudices ; the swamping of the ancient histo¬ rical nobility by a modern aristocracy of wealth, favourit¬ ism, and corruption; the final breaking up even of the court and country party, whilst in their stead had risen up and found themselves face to face, those two parties which must always exist in open commonwealths—on one hand, the honest and also the servile partisans of power- on the other, the seditious and also the constitutional friends of the people ;—these are but a part of the altera¬ tions which had changed not only the face but the core ot England. A new soil, so to speak, had been turned up. A revolution in society had outstripped the Revolution of 1688. The rights of Englishmen, as Blackstone calls them (but what are in truth the rights of man, wherever man is civilized enough to understand and to preset ve them) had grown into fuller consistency and bulk, ine national system, now in its manhood, made, as it were, more blood, and required that the arteries should be en¬ larged which were to carry it to the heart. . A political student, after looking at the points to which all governments should strive, at the imaginary com¬ monwealths of theory, and at the degree of approxima¬ tion which, from amongst their thousand experiments, mankind appears to have ever realized, may think that there is good reason to be content both with the end and with the means which the English constitution recognises and secures. He will perceive that English liberty was long heavily mortgaged, but that the mortgage was never foreclosed. Its standard-bearers were sometimes down, but the pennon itself was always flying. Nations who re¬ gard England as a model, whether to be copied or to be surpassed, should remember that no nation can hope to buy a suitable constitution ready made. The end ought to be one all the world over, namely, the happiness of the people. But the condition of the people may be so differ¬ ent, as necessarily to demand the greatest difference in the means. The quantities with which moral and political problems have to deal, so far from being fixed, are in con¬ stant fluctuation ; and the truths which they have to esta¬ blish can never be tried by taking extreme cases. An assimilation and correspondence between that which acts and that which is acted upon, are conditions grounded on the nature of the human mind. In no case is strict atten¬ tion to them more indispensable than in the relation be¬ tween a people and its institutions. The best security for this is gradual adaptation. The Americans take English experience and English character into new circumstances, with the woods to back them. They may ride with a looser rein, and may try bolder tricks in legislation, than, in an old, densely-peopled, and overwrought community, any person, at least any reasonable person, acquainted with human nature and the difficulties of the case, could venture to recommend. They will not undervalue the necessity of such compromises with the nature of things and of events; since, in truth, no country ever made a greater sacrifice to the predominance of circumstances over principles than America has made, and is still mak¬ ing, over half her empire, in the most fatal of all excep¬ tions. It is a worse one than the barbarism of the bar¬ barous age of Magna Charta; an exception limited not even by the test of freedom, but that of the colour of the skin. It may be doubted whether the English experiment would not have failed, as the same experiment failed elsewhere, if its authors had rushed in the first instance to the point where their posterity at present stand. Light things may Govern, hurry forward, but the elephant must make sure of every m™twand step he takes. , . . A free government must be complicated in its parts. The checks introduced by circumstances, habits, and opi¬ nions, and which have been subjected to gradual amend¬ ments, remain a hundred times more effectual than any mere appeal to reason, which is all indeed that a totally new system has to make. The latter, however theoretically superior, must trust to its argumentative merits for its hold on the minds and affections of mankind. Montaigne expresses great contempt for long philosophical discussions concerning the comparative advantages of different forms of government. When he refers not only in opinion, but in reality, to usage as the sole criterion in every case, he is guilty of a gross exaggeration. This however ought not to prevent due respect being paid to the truth on which the very exaggeration is grounded. The whole history of England is the narrative of a long preparatory school¬ ing to fit its people for their actual institutions. Institu¬ tions certainly are faulty which cannot stand the more summary test of Pope, when he disposes of these ques¬ tions by a single line, “ whate’er is best administered is best.” For this in sensible prose must be understood to mean that the government is best which contains the best provisions for securing a good administration of all public affairs which depend on the relation of the governors and the governed. This security, it will appear by the de¬ scription which has been given, it is the great object of the English constitution to establish by the proper for¬ mation and distribution of the legislative, judicial, and executive power. II.—Laws. The civil law approached to the character of a univer¬ sal language. The breaking it into fragments on the fall of the Roman empire, and the substitution in its stead of the coarse and mixed materials of the barbarian and feudal codes, had the effect of the contusion of tongues. Each code was nothing more than a partial dialect. Whilst the rest of Europe fell back more or less under the legal dominion of its ancient master, England alone stood out. It was impossible, however, that it could altogether resist an influence so universal; and it is probable that a great¬ er impression was incidentally received than contempora¬ ries were aware of, or than antiquarians have since been at the trouble to retrace. Mr Hallam observes that a good work, pointing out the extent to which the Roman law affected Bracton and his successors, is a desideratum in our legal literature. Nobody has yet felt a sufficient in¬ terest in, or been sufficiently conversant with, both sys¬ tems to supply it. The distance to which England was thrown from the common orbit of classical jurisprudence, appears to have been even something more than the differ¬ ence which separated the northern and southern divisions of France, where the one was subject to a customary, and the other to the Roman law. English civilians and foreign scholars always treated the vernacular common law with the greatest possible contempt. John of Salisbury, in the reign of Henry II. calls it aucupatio verborum. Whitgift derides the learn¬ ing which is learning nowhere but in England. Erasmus must have seen it to great advantage in the person of Sir Thomas More; nevertheless he mentions its professors in terms scarcely more respectful than the scurrilities of the college-play of Ignoramus, got up in its ridicule for the entertainment of James I. Evelyn is content so that he escaped from it vrith no harder word than “ that un¬ polished study.” The provocation given by Law-Latin and ENGLAND. 25 )Govern- Law-French has since been got rid of; that of tenures and mentand their commentators still remains. Any insular jurispru- Laws. dence, growing up during the middle ages, must have cer- tainly suffered in its philosophy and its symmetry by ex¬ cluding the written wisdom of the Pandects. By way of compensation, it is suggested that the alienation was of great advantage to English freedom. Whatever was gained in this direction is probably to be attributed more to the class to which the professors of the two systems respec¬ tively belonged, than to the supposed exemption of black- letter precedents from the arbitrary spirit of the imperial constitutions. The Inns of Court were long the principal seminaries in which the gentry of England completed their education ; whilst, in the universities, the foundations for the study of civil law rivalled those for the study of divi¬ nity. The civilians and canonists, cousins-german by de¬ scent, thus became twin-brothers in feeling. In fact, civi¬ lians were formerly almost always churchmen. The dif¬ ference of pedigree between them and the common law¬ yers was visible down to the time of Laud. The civil law, in any comprehensive sense of it, may be said to be ex¬ tinct in England. To the degree, however, in which it exists, the English constitution is likely to find as warm supporters at present in Doctors Commons as in West¬ minster Hall. The first point, on inquiring into the laws of a country, is to ascertain where the power of making them is lodged. It is very desirable that, as far as possible, the power should rest exclusively with the distinct and supreme au¬ thority of a recognised legislature. In this manner, laws adequately and publicly discussed will receive perhaps as general and as efficient a promulgation as the subject admits of. Certainly no better security can be devised against the possibility of constructive and ex post facto liabilities, than the practice of open debates, and the rule that legislative measures shall be strictly prospective. The connection between legislation and legislature is the doctrine of the English law. It can nowhere be express¬ ed more strongly. But the history of what is called the common law shows the difficulty of acting upon it throughout. Popular customs will have already taken root before a steady government is formed, or, at least, before it is so far universally established, as to take under its cognizance the whole field of legislation. With re¬ gard, therefore, to this class of self-sown customs, the best thing probably that the legislature can do, when it becomes adult, is to acquiesce in them. Certain divisions of the law, and those not the least intricate and impor¬ tant, will from time to time be elaborately commented upon in text-books. Particular rules will also be adopt¬ ed by the profession ; and these soon become the grounds on which properties and expectations rest. For instance, “ the practice of conveyancers” easily goes the length of making by necessity the law in that department. Much more is this the case with the opinions and the practice of the regular tribunals. For this purpose it is by no means necessary that the statute-book should contain an intima¬ tion corresponding to the threat of the Code Napoleon. “ Le juge qui refusera de juger sous pretexte du silence, de 1’obscurite, ou de 1’insuffisance de la loi, pourra etre poursuivi comme coupable de deni de justice.” Direct legis¬ lation must be infinitely more active, and must complete its work in a far more workmanlike way, than the parlia¬ ments of the Plantagenets, and even than the parliaments of to-day, not to leave vast chasms for judicial construction to fill up. The English law at different periods has been in¬ debted to all these collateral sources in different degrees for accessions to its wealth. Nobody can now determine how far Alfred and our other supposed lawgivers collect¬ ed or composed the documents transmitted in their names. VOL. IX. It is not the less unreasonable to assume on that account, with Chief-Justice Wilmot and others, that the “ common law is nothing else but statutes worn out by time.” Ma¬ dox has observed that the laws of the Anglo-Saxon kings are as different from the writings of Glanville as the laws of two different nations. Some of the points are brought out in contrast in the second volume of Mr Hallam’s Middle Ages. p. 466. Yet, if we are .driven to any parti¬ cular date for the origin of the present common law, it must be a moment not much anterior to the age of Glan¬ ville. He wrote as early as the year 1180; and the laws called by the name of Henry I., which are in their spirit thoroughly Anglo-Saxon, must, by. their mention of Gra- tian’s decree, be as late as the very end of the reign of Stephen. Mr Hallam makes a very judicious suggestion. He supposes that these laws, like the water ordeal for the common people, contain the ancient usages of inferior jurisdictions, whilst the treatise of Glanville, he conjec¬ tures, comprehends only the rules of the Norman lawyers, by which, through the influence of the circuits, and by other means, the former were gradually superseded. The un¬ written usages were become completely fixed by the time of Bracton’s compilation, towards the end of the reign ot Henry III. There are no grounds whatever for conjec¬ turing that these fluctuations were preceded or ratified by any direct legislative notice. At a later period, namely, in the year 1322, it was ex¬ plicitly enacted that all matters to be established for the estate and welfare of the realm should be treated in parlia¬ ment. After so solemn and public a declaration, it might much more plausibly have been supposed that every subse¬ quent alteration, whether in the civil or in the criminal law, would be accompanied by a parliamentary sanction in evi¬ dence of its title. What a change, however, took place both in one and the other ; yet no “ statutes worn out by time” can here be pretended. It is indeed remarkable that the statutory changes long bear but a small proportion to those which were obtained from other quarters. Al¬ though usage after this period can have crept in only now and then imperceptibly, undoubtedly the sages of the law kept insinuating their opinions, even extrajudici- ally, from time to time into the system. But by far the greater part of the innovations, real and apparent, were derived through the means of judicial decisions preserved in reported cases, and argued out by help of what has been quaintly called the “ logical deduceableness” of the principles of the common law. The grounds of every judgment were set out on the record till the reign of Ed¬ ward HI.; afterwards they were taken down by certain grave and sad men in the year-books; and latterly, they have been left to reporters of a less accredited description. These precedents constitute an immense repertory of case law. If regard is paid to the smallness of the basis com¬ pared with the vastness of the superstructure, the ordi¬ nary course will appear to have been the. synthetical for¬ mation of general rules out of the application and exten¬ sion of individual instances. The portion, however, is far from being inconsiderable, in which the judicial classifica¬ tion of particular facts has proceeded according to the allegata et probata, under certain established principles. Looking at the history of the science, Burke was justi¬ fied in saying, in the report of the committee upon the impeachment of Warren Hastings, that “ to give judg¬ ment privately^ is to put an end to reports; to put an end to reports, is to put an end to the law of England.” Reports of the leading cases are especially valuable where society and the law are in a state of transition. With¬ out them, the law in such periods soon becomes what Lord Bacon says the law of his time would have become without the reports of Lord Coke, a ship without bal- Govem- ment and Laws. 26 .ENGLAND. Govern- last. Tlie whole equitable law of the court of chancery, ment and no^ tie(} up strictly as the common law itself, has Laws. sp\jn, with but very slight exceptions, out of maxims of conscience and limits upon discretion, laid down ju¬ dicially at as late a day as that of Lord Nottingham and the Itestoratipn. That part of the English system where at present thO lucubrations of twenty1 years are more wanted than in any'Other, Was still in its infancy little rnore than a hundred years ago. Sir Mathew Hale said, in 167*2, “ a little law, a good tongue, and a good memory, would fit a man for the chancery.” Evelyn, noticing the death of Chief-Justice Treby, in the year 1700, adds, “ ihe chancery requires so little skill in deep law learning, if the practiser can talk eloquently in that court, that probably few care to study the law to any purpose.” Lord Notting¬ ham could not have desired a successor more admirably qualified than Lord Eldon, to remove from bis court the. last traces of this reproach. His ingenuity and erudition, how¬ ever, only added still further to “ the mass of learning which no industry can acquire, nor any intellect digest.” Vesey junior, and his voluminous successors; have accelerated the predicted “crisis of a necessary Reformation, when our laws, like those of Rome, must* be cast into the crucible. It would be a disgrace to the nineteenth century, if Eng¬ land could not find her Tribonian.” (Hallain.) Mr Den- tham admits that this legislative crisis will find, in the store-books of our reports, materials of a higher and more authentic character than were ever in the possession of any other country. Although the amendments of the law in the last session of parliament were more extensive than those of any single reign since Edward I., they neverthe¬ less do.not affect to have been of a nature to ascertain the existence or non-existence of a present Tribonian amongst our reformers..: The extent of the alterations which have been begun or * are anticipated, ntay be understood by the complaint of a member of the profession, who has parti¬ cular means of information. “ I regret to find (says Mr Chitty, in his Concise View, 1884) that students, whether for tlie bar, or as special pleaders, or as attornies, have of late nearly suspended all study, upon the supposition that, whilst innovations in the law are so frequent, it would be useless one day to learn what must perhaps tire next day be forgotten or effaced.” A wise legislature will establish municipal rights in all cases, when by soi doing it increases the sum of human happiness. These rights must be dei’ived from the seve¬ ral sources of human pleasure- They therefore necessarily regard property, person, station, character, or opinions. Rights are public or private. Out of the first arisfe ques¬ tions between the, governors and the governed;, to the se¬ cond belong the disputes of individuals. The classifica¬ tion of these two descriptions of rights, and the specifica¬ tion of the circumstances which are the occasions upon which they vest, institute : the: constitutional and the civil code. But rights .are delusive unless protected by adequate guarantees. It is the first object of the reme¬ dial law, therefore, to define the circumstances which amount ,to a legal violation of whatever rights the sub¬ stantive law has conferred. If the injury is considered to affect tlie public, its recurrence is sought to be pre¬ vented by subjecting the wrongdoer to the penalties of the criminal code provided on behalf of society at large. If the injury is of a private nature, the party injured is entitled to recover damages in the civil court for his own personal satisfaction. The mode by which the appropri¬ ate legal remedies for an alleged injury are ascertained, is called the trial. Since every case may involve disputed points of law and fact, it is requisite to make complete arrangements for deciding both. The efficiency of a trial will depend upon the constitution of the several courts, and the rules: for tegnlatiug their proceedings. The first Govern- part of this problem concerns the number and locality of the tribunals, the principle upon which each of them shall be formed (as whether of a single judge or more, and ' with or without a jury), and lastly^ the scale of appellate jurisdictions. The chief considerations relating to the proceedings concent the rules of pleading and of evi¬ dence, or the method by which a party is required first to make his statement, and afterwards to prove it. When the trial has established the merits of the case, and fixed the nature of the remedy, nothing remains but that pro¬ per means should be provided for carrying the judgment of the court into effect. This can be only done by making the property, and, on just occasion,1 the person, of the defendant duly available to the requisition of the law. 1. Comtitntional Law.—r\his has been treated of in the former section. The shape in which the Roman civil law has come down to us, as recast at Constantinople by the imperial jurists, contains not a syllable which can be re¬ ferred to the supposed resemblance between the mixed forms of government of ancient Rome and modern Eng¬ land. Excepting a few slight privileges belonging to the peerage as members of a second legislative assembly, Eng¬ lish equality recognises no distinction but that of aliens and natives. Our doctrine of the unalienability of birth- allegiance, and our restraints on naturalization, are pushed to an illiberal extreme. But it is a great blessing to have escaped the useless and onerous diversity of castes by which Roman policy was embarrassed, and American free¬ dom is disgraced. England is safe from the interminable questions of political rights and civil condition arising among the ingenui, liberti, servi ; and under the discre¬ pancies of the various kinds of citizenship and the Jus Italicum and Jus Latinum. Shades of colour have intro¬ duced the risk of even still more dangerous collisions into the United States. 2. The Relations of Private Life.—Under the English law these relations were for the most part either settled upon, or have been since gradually brought within, the true principle, namely, that of deriving from the connection the greatest advantage to both parties, which, on a comprehen¬ sive view of their interests, the particular relation seems qualified to produce. On legislating upon this subject, our law-makers have not overlooked the painful fact, that there is no occasion where it is more necessary to keep con¬ stantly present to the mind the line which separates mo¬ rals from law. The poor-laws and the factory bill are doubtful exceptions, in which the feelings of society may be suspected of having got the better of its judgment. Otherwise, the law has generally forborne from becoming responsible for those private virtues which no law can possibly secure, and has shrunk from an interference far too powerful not to tend to defeat the end it is desirous of accomplishing. In the service of adults, the contract be¬ tween master and servant is the only criterion both of their claims and of their liabilities. The maxim that slaves can¬ not breathe the air of England, has at length comprehended our distant colonies within its blessing. The extension of a haughty local privilege into a national truth is the proud¬ est triumph of the humanity and justice of modern times. The relation of parent and child is placed upon proper grounds. Parental authority is reasonably limited to the degree of power necessary for the adequate performance of the duties which every parent is understood to under¬ take. The most faulty part of the legal distinction be¬ tween legitimate and illegitimate children is not in the degree by which the parental obligation towards them is distinguished. The feelings of society must first alter, and the policy of our rules, and the most effectual method of attaining our object, must be carefully reviewed, or very I ENGLAND. 27 ifiovern- inentand Laws. There is the spiritual promise at the altar to obey, and Govern- the legal solemnity which makes it petty treason to kill her ment and lord and husband. Marital restraint and correction carry little practical benefit will follow from a nominal amend¬ ment of the letter of the law. .pxes placed the female sex in the East, in Greece, and the poiver oi domestic discipline, in the cose ot a wi e, a fn Eome ta a permanent tutelary condition. Their dis- greater length than in that ot any other .servant, except ab'lities were doubtless represented, as in the case ot mi- an apprentice, i he principle ot considering the "1 < <' is amonSt ourselves to be in reality privileges of pro- capable of committing certain crimes in the presence ot tectim^^Modem civilization has transferred this state of her husband owing to her supposed submission to his mbediitv from women generally, to women who consent orders, is made additionally absurd by the inconsistency to assume the character and status of wives. The marriage with which the supposition is applied. It is time that on contract cannot be regarded as an ordinary partnership, one or two of these points the law should be put into ha - Women are certainly the half of the species much the mony with the fact. I here might also be a wholesome mosTinterested in the rule, that a contact, more or less relaxation of the rule by which a married woman is pre¬ resembling the marriage contract as it is actually esta- vented, under all circumstances except the civil death of Sea should subsist. The only question which their her husband, from being sued as a single woman. The advocates can raise must be upon its terms. It is admitted landed property of a wife could formerly be alienated tint the terms are partial. The question still remains, only by a fine. It was imperfectly protected against the Can they be improved? Nothing is more imprudent than exercise of undue influence, on the part of a grasping to volunteer Xcufative changes in an engagement of husband, by her separate examination. Her real and also this domestic nature, without infinite caution in examining it into the capabilities of the case. It is impossible to equa lize its effects and condition to the two parties. There is an extreme risk of injuring the female by the 'cry ptc- cautionsand facilities which it has been proposed to inter¬ pose in her favour. The interest which other parties (the children and society) have to keep families together, the first of those concentric circles by which a vvell-or- far as property is concerned, the devices of a marriage settlement, and the interposition of trustees, seem to ac¬ complish every thing which can possibly be accomplished by law. * 3. Beal property.—The lawyers of Greece and Rome had no idea of the necessity of two systems; one for land, and the other for goods. In England the systems are en- dered community is formed, introduces a new and para- tirely distinct. The civil law ot England dm mg a very mount consideration. The more the subject is reflected considerable period seems to have had little else but land ml the more will it appear that the English law of to treat of. It characterized land by the expressive deno¬ husband and wife requires mfly very incidental modifica- m.nation of realty; and distinguished it still further by tions By the late amended marriage act (3 George IV.), establishing its legal title and qualities on exc lusively feu- the reluctant successors of Lord Hardwicke were com- dal principles. Hypothesis and research will be equally pelted to retrace his steps, and to submit, on the marriage at a loss to make out any analogy between the Roman of minors, to the compromise ot factum valet, quod fieri Institutes and Littleton si enures. I he language of Ciaig non debet. The debates on that occasion affirmed in the would have been unintelligible to Papiman. ■ Whe e t t most striking manner the necessity of recognising the same word happens to be used, it only deepens the contra- least of two evils in this delicate chapter of jurisprudence, diction by the chfterence in its meaning. Dower, for exam- \To necessity, however, exists at all for making parliament pie, by which the Romans described the property which a the sole tribunal where a marriage can be dissolved. It woman brought with her on her marriage, signifies, in our is a singular anomaly, that this particular contract should modern application of it, the life-mterest which, on the become^ the subject of individual and eX post facto legisla- death of her husband, the widow acquires to a third o us tion in every case where parliamentary divorces for add- land. The changes in society gradually made it impossible tery are allowed to break in upon the ordinary law. Our to retain the strictness and also the peculiarities of feudal practice does not leave a doubt that the contract should learning. The “ old books were already antiquated, be teeallv* voidable for adultery. But it is very question- and several of their cases seldom came into practice in abl^whetlier, on tranxftrring^liis jurisdiction t'o courls of the time of Sir Mathew Hale The new reports, such as justice, the interests of society in general, and of females those of Coke, Plowden, and Dyer, the pumsa in particular, would be promoted by the admission of any which he pressed upon his student, are now become old other grounds of divorce whatsoever. Nevertheless Cran- books ’ themselves, and are approaching towards a simi- mer, in the proposed reformation of the ecclesiastical law lar fate; partly by statutory repeals partly from desue- at the Reformation, was prepared to give to many of the tude or ignorance under a still ^ea^r ^Volution n he causes on which a separation takes place at present, the law. The wave rom the^ commonwealth which dur ng effect of a complete dissolution of the marriage. The the reign: of Charles .the Second, carried off part of the rule which, subject to a few exceptions, prevents a bus- rubbish of former times did little m comparison with band and wife from giving evidence either for or against what has been done in the first session o a re orme - each other, seems very unreasonable. The legal conse- parliament. The abolition of fines and recoveries; the cuences of marriage do not depend, as Blackstone states, amendments in the law of inheritance and dower ; the h- upon any canonical union of persons, which can be sup- mitation of actions, by which writs and formulas of com¬ posed to suspend or merge, during coverture, the legal ex- plicated absurdity, hazard, anc expanse, are ^one or istence of the wife. These consequences are much bet- ever; hold out substantial encouragement to expect that ter accounted for by the rustic simplicity of ancient times, thh labours of the different law-commissions will m course which regarded the wife as only a servant of a better fa- of time be brought to a satis.acteiy egis ative cone usion. shion. Ifis evident that a'family partnership, which, when In a practical point of view, the registry )i is vy it has once been formed, can be determined only by death the most important ot their present rccommen ations. - n or by criminal conduct of a serious nature, requires a con- undertaking ot much greater di.cuty, ut or una e y jugal superiority on one side or the other. In this-view the much less urgent, remains behind. ie princip es, t ie law is censurable rather from the discotirtesy of the occa- reasonings, and tlie language of the aw o rta proper sional language of some of its authors, than the substance will not bear an enlightened examination at t ie present ofits provisions. The superiority is certainly evident enough, day. Nothing indeed can be more indefensi e in tie 28 ENGLAND. Govern- nineteenth century than a legal system, of which such ment and a book as Coke upon Littleton is the classic. It is a very Laws, imperfect answer to say that the opinion which Lord Mansfield once.gave to a West India governor upon the law generally, applies especially to this part of it: “ De¬ cide according to your judgment, but give rto reasons. Your decision generally will be right: your reasons al¬ ways will be wrong.” A code itself would be only a par¬ tial remedy, unless it superseded the necessity of looking back into the volumes which preceded it. Feudal docL triries are too completely woven into them ever to be worked out of their text. During centuries when the legislature either could not or would not act, judge-made law was by far the least of the two evils to which the coun¬ try was reduced. The judges certainly did their best to¬ wards accommodating the law to the altered condition of society, by means of the only instrument in their power. But the course taken led naturally into a labyrinth of fic¬ tions and refinements, which it will now require pretty muchothe same astuteness to unmake, as was originally employed fin the making of them. I he complaint is not that the law is difficult to be understood. That might be expected#' What shocks a reasonable person at the pie- sent day, is the finding that so many of its rules, when they come to be understood, are irreconcilable with either common sense or with the usages of tbs community which tileyigcalBiTiijhjm b lo ieoqot on 1 ,'fyiinnm yauufmmO'W Thus, in descent, instead of regarding the just expec¬ tations of near relations, the law is occupied in tracing tlie blood of the first purchaser. In forfeiture, instead of balancing the claims of the family on one side, and the claims of injured society on the other, the la.w can see nobody but the original feudal donor. In questions of the lawfulness of a distress, the difficulties do not turn on the pointy whether the goods which have been seized repre¬ sent under the circumstances the fair and natural security for the benefit which the owner of the goods has derived from the premises where they were found, but whether the landlord, on putting an occupier in possession of the premises, had taken care that the terms of the occupation were so expressed as to be sufficient technically to raise a tenure. Independently of judicial construction, succes¬ sive innovations have materially broken in upon the feu¬ dalism of the common law. This is the case, particularly in tjhe restraints imposed upon entails and remainders, in the free exercise of the testamentary power, and in the frequency of terms of years which are regarded by the lawyers as personalty, ihe most important of all inno¬ vations is, however, the extent to which the doctrine ot trusts and uses has brought the principal questions con¬ cerning land into a court, where forms and principles in many respects essentially differing from those ot the old common law prevail. The intermediate legislation respect¬ ing uses, from 50 Edward III. c. 6, to 27 Henry VIII. c. 10, is a characteristic specimen of the English method of creeping on step by step, after the mischief has run, like the dry rot, into the frame of society, instead of taking a comprehensive view of the necessary consequences of the nejv system, and anticipating the confusion by such a con¬ clusive statute as, after all its previous minute enactments, it was ultimately obliged to pass. It answers in civil to the cautious manner with which in criminal jurisprudence the law of mayhem advars^d, taking successively the dif- fqveut parts Qf .the human body under its protection, one after another, until at last came a general measure known by the name of Lord Ellenborough’s act. Blackstone, writing in observes that the Chancellors, “ by a long series of uniform determinations for now near a century pash with some assistance from the legislature, have raised anew system of rational jurisprudence, by which trusts are made to answer all the beneficial ends of uses, without Govern their inconveniences or frauds.” Considering the strict- “em and ness of the doctrinal division between legislative and ju- dicial authority, and the traditional attachment to juries, the national submission to this legal revolution, consum¬ mated by the great seal, is a remarkable proof ot the im¬ possibility of working the system of the common law in the present state of society. It may be questioned whe- ther any country ever adopted, at so comparatively an ad- vanced stage of civilization, so complete a change; with little notice beyond an occasional murmur in some quar¬ ters at what was going forward, and that general ratifica¬ tion on the part of the public in the consent that comes from silence. The nature of a jurisdiction like that of Chancery, must be to enlarge, and not contract, its cir¬ cle. It is now some time since Mr Butler was of opinion that half the estates in the kingdom were held in trust. But there are further changes than those of form. Ihe very substance of certain titles which make a great figure in the law-books is wearing out. Two species of incor¬ poreal hereditaments, common and tithe, to which an ex¬ travagant and superstitious importance was formerly at¬ tached, seem shortly destined to disappear; and they will carry with them into oblivion a mass of favoured learn¬ ing. Common of pasture and of estovers was supposed to be so necessary to the advancement of agriculture, and to the maintenance of tenantry and yeomen, that a case connected with it drew forth ’ from Lord Coke the pas¬ sionate exclamation, “ God forbid that the law should not be so, for otherwise many commons in England would be avoided and lost.” Long after the Reformation, a still deeper horror continued to be expressed by Spelman and the clergy, at the sacrilegious spectacle of tithe in lay hands, or of land discharged from the payment of tithe. When the necessity of statutes of limitation has been re¬ cognised in all other cases, and when even the crown has submitted to be barred by prescriptions of a reasonable ex¬ tent, the ecclesiastical rule which sent back the proof of a modus to a time beyond legal memory, was no less im¬ politic than absurd. The tithe owner has to contend at present against passion and prejudice, as well as against reason. A violent re-action has taken place. 1 he discou¬ ragement to agricultural improvements, from a suirendei of a fixed portion of the gross produce, is a ground of ob¬ jection in which the public at large are interested. Ihe result is, a demand for a general commutation ot tithe, which cannot be much longer delayed. 4. Personalty.—It is agreed that Bracton borrowed the chief part of what he has said concerning personal pro¬ perty from the civilians. But the reader of the year¬ books finds himself at the reign of Henry VI. before goods and chattels have become of sufficient importaivce to make their way as the grounds of litigation into their re¬ cords. The laws upon property of this description, and on personal contracts generally, are very much the same all the world over. This is probably to be accounted for, not by the supposition that similar laws must have had some common origin ; but because these things are too perish¬ able in their nature, and too much the subject of daily wants and traffic, to admit conveniently, under any circum¬ stances, of any great deviation from a common line. Ihe consequence is, that on this point, beyond some occasional quaint distinctions between what is realty and what is personalty, and a little absurdity concerning things which are merely the subject of base property and miUius in bonis, there is very little which can be noticed as peculiar in the English law. Where goods have been lost or stolen, the effect which, according to circumstances, prescription and sale ought to have in discussions between the original and the derivative owner, has been settled upon no discri- ENGLAND. Govern- minating principle. The rights belonging to an owner meat and w]ien he is out of possession have been slowly recognised Laws jn most countries. Blackstone hastily states, that unless a right of property were to be transferred by the. salSe even of stolen goods, in market overt, “ all commerce be¬ tween man and man must soon be at an end. ’ He should have recollected that England offers the only exception in civilized Europe to the rule,nemo plus juris in uiium iransferre potest qtiam quod ipse habet” In the new ques¬ tions which have arisen out of tl>e extended intercourse and complicated interests of recent times, it is fortunate for the* legal reputation of the country, that the demand for the development and application of the great principles of commercial and maritime law should have taken place at, a time when Lord Mansfield and Lord Stowell presid¬ ed in their respective conrts. 5. Private Wrongs.—Every right must have its remedy, otherwise it is a right only in name. Verdicts with a far*- tiling damages are sufficient evidence that the expressions damnum absque injuria, and de minimis non curat lex, are confined in practice within narrow bounds. ■ I he forms of actions are, in other words, a list of the cases which the law recognises as civil injuries, and which it accord- ingly promises to redress in that character. One of tire great boasts of the English law is the means which it has taken to render illegal imprisonment almost impossible. This was at last obtained, but with infinite difficulty, un¬ der the final guarantee of the habeas corpus act. Jfhere is nothing otherwise remarkable in its estimate of the wrongs either to the persons or to the personal property of individuals, or in the general quality of the remedies.pro- vided by it. The injuries to real property, and the peculiar remedies applicable in the several cases, partake strongly, at least in shape and in language, of the characteristic subtlety and jargon in which the law of real property it¬ self is framed. There are instances, however, with re¬ spect to personal property as well as real, where the strict¬ ness of the rules;at common law had the effect of a denial of right, and drove the parties into a court which under¬ took to adjust the remedy to the wants and feelings of society. Chancery would never have obtained a tenth part of its present jurisdiction, but that the common-law judges contented themselves with damages, instead of in¬ sisting that a contract should be specifically performed and goods specifically restored; and unless they had obstinately refused, since the introduction of uses, to notice the exist¬ ence of a trust. The bankrupt law lias lately been put upon a footing which appears likely to give, in its text and its administration, as much satisfaction as can be imparted to so untoward a subject. Nor does it follow that trades* men who complain of the million that is discharged by a penny in the pound, are entitled to lay the blame upon either the policy or the execution of insolvent acts. The only effectual protection, that of more cautious credit, is in their own hands. The Roman system placed the debtor at the mercy of the creditor. The American system, according to Chancellor Kent, throws the creditor at the feet of the debtor. The experience of all countries seems to show, that in legislating upon insolvency, it is impossi¬ ble to reconcile the claims of humanity and of justice by the positive declarations of a universal rule. 6. Criminal Law.—Whenever the circumstances and motive under which a legal right is violated imply an in¬ jury to the public, it is reasonable that the remedy should cease to be solely of a private nature.;) The English law is defective in not endeavouring to combine reparation to the party directly injured, as a subordinate object. But it properly considers the mischief to the public, and the re¬ medy for the public, as the paramount concern of criminal justice. Xhe comparative alarm spread throughout society by different offences is the test of their several degrees of Govern- responsibility; nor is society entitled to take a criminal ^^ntl cognizance of them at all, save with the single aim of prer venting their recurrence. I he original point in this re.- spect, from which the common law started, and the mode in which its circle widened, were too coarse and vague to admit of much discretion in the selection of the principle adopted, or of any very uniform correctness in its appli¬ cation. Civilization has tended gradually to exclude from the purview of human punishment the spiritual doctrine of expiation and the savage instinct of resentment. Pro¬ ceedings pro salute aninuB are left to the ecclesiastical courts; and the abolition, by 59 George III. c. 46, of ap¬ peals at the suit of the party in all offences, has remov¬ ed from criminal proceedings the last symptom of private vengeance. Up to a very recent period felony was heap¬ ed upon felony as a matter of course, whenever a new or temporary provocation happened to arise. No wonder, where it was impossible that due attention could have been paid to the nature even of the specific evil and the proposed remedy, that the just proportion between the new offences and the great body of the criminal law should have also been neglected. In fact, they often seem to have taken their place by chance upon the penal scale. During the last few years the consolidation of great part of the criminal statute-law has been performed in a very workmanlike manner. The repeal of a multitude of ob¬ scure and almost conflicting enactments has been of great service to the public, and still more to practitioners. It has simplified the labours of future reformers. But a comprehensive view, a consistent direction, and a rational arrangement of the whole subject, is a task reserved for the commission now engaged upon it. The interests of society, as protected by the criminal law, are technically called the king’s peace ; and all offences against these interests are prosecuted in the king’s name. But it is sin¬ gular that, nevertheless, the burden and the management of criminal prosecutions, and, in popular language, the name even of prosecutor, should, contrary to the prac¬ tice of many countries, be thrown upon the party injured. The principal legal consequence which has followed from taking the prosecution formally into the hands of the state is, that society obtains the evidence of the party injur¬ ed, who would otherwise be excluded as being a party to the suit. The original object of using the king’s name in this formal manner was probably to entitle the king, as a matter of course, to the penalties and compensa¬ tions. A barbarous and fiscal rapacity was thus tempted to scatter wholesale forfeiture with indiscriminate pro¬ fusion over the field of crime. I he 25th Edward III., called the magna charta of treason, had no nobler origin than a contest between the king and the barons, which of the two should appropriate the confiscations upon con¬ viction. They belonged to one or the other, according as the offence was treason or ordinary felony. It may easily be understood, therefore, what little principle exists in the rude classification of offences into felonies and mis¬ demeanors, distinguished only by the nature of the pu¬ nishment ; the one being subjected to general forfeiture, and the other to special fine. Under these circumstan¬ ces, a strict revision of the entire department of the cri¬ minal law, keeping steadily in view the one principle of the good of society, must bring to light anomalies and divergencies which it will be no less desirable than prac¬ ticable to remove. This is likely to be the case much more in some questions than in others, bor instance> the purely religious sentiment was formerly mixed up with the only consideration which can justify human laws in inquiring into offences against God; and it still par¬ tially remains so. Judicial perjury is punishable simply 30 ENGLAND. Govern- under the general description of being the violation of ment and an oath. If the religious obligation is alone regarded, it Laws. inay ke contended with some plausibility that the breach and the offence must in all cases be the same. But if the danger to society be the point in question, it is clear that the danger must be materially affected by the nature of the case in which the perjury takes place. In some in¬ stances zeal without knowledge has been induced to pass the line by which morals ought to be always kept separate from law. The political economy of modern days has overturned many of the most sacred rules of policy and trade invented by the common-law wisdom of our ances¬ tors. It is in vain that the corresponding statutes have been repealed, whilst narrow-minded judges feel a pride in proclaiming that unitarianism, forestalling, and engioss- ing^.are still indictable misdemeanors. The same reasoning which annulled the statutory policy of the intei mediate generations, ought to avail for abrogating equivalent ab¬ surdities; supposed to have been embodied at an eailiei period in the original structure of the common law. In many cases legal definitions, as formerly in laiceny, or the specific enumerations contained in an act of parlia¬ ment, or the purview of a preamble, or the recognised jurisdiction of our actual courts, may be found to fall short of their proper object. It is plain to the understanding of the present day, that the terms of the statutes of trea¬ son, which left even Strafford’s case to forced constructions, were too monarchical. ’I he decay of the ecclesiastical courts, of the court of honour, and the abolition of the star-chamber, threw loose many offences which have never been examined and arranged on system. It may be doubtful whether seduction and adultery are properly left to a civil remedy only. A doubt however can scarcely be entertained but that the indictable character of words spoken, as distinguished from words written, ought not to be derived solely from their containing a consequent breach of the peace in their tendency to lead to a chal¬ lenge. There is little foundation in reason for the ge¬ neral rule, which, in slander or libel, admits the truth to be pleaded as a justification always in an action, but never in a prosecution. A careful investigation of the true prin¬ ciples, which, in a compromise of difficulties, may be the best guides on many subjects, will lead to another very important consideration, A great deal of needless, and, what is worse, pernicious pains, appears to have been em¬ ployed in turning into fixed rules of law what it would be much more satisfactory to the ends of justice to have left as questions of fact. This must happen in all subjects and occasions where the nature and tendency of the act de¬ pends on circumstances which it is almost impossible to define beforehand. Supposing, what we see no reason to suppose, that a common jury is incompetent to decide questions of fact of this description, it becomes the duty of society to create a competent tribunal. All offences of opinion are of this nature. But there are numerous others. Notwithstanding the complaint of Sir Thomas More against the judges of his day, that, in order to escape personal responsibility, they threw every thing on the jury, it is evident that, honestly and dishonestly, English judges have brought many points, as legal conclusions of the science, under their own judicial authority, which, as questions of fact, would have fallen, and much more properly belonged, to the province of a jury. National character is involved in the history of the public institu¬ tions and policy of a country. England, both at home and ’abroad, labours under the imputation that the letter, and even the execution, of its criminal law, are severe be¬ yond the example of other states scarcely its equals in general civilization. The difference would appear by comparing a scale of offenees and punishments under the English law with a similar table drawn up according to Govern, the progressive mitigations which have been attempted ^and by America and France. It need not be feared but that the experience of opposite systems, and a patient discus- sion of the peculiarities of England, of the nature and cir¬ cumstances of its population, the distribution of its wealth, and the free character of its legislation, are sufficient securities against vague and theoretical innovation. The result would ascertain what degree of success has attended the humane endeavours of the enlightened statesmen o other countries towards the amendment of their penal codes, and whether any just cause can be assigned jvhy England may not safely venture upon imitating,their ex¬ ample. The comparison of the nature of comparative anatomy between the laws of different nations may be very useful. In this instance it would be most satisfac¬ tory, were it to terminate, as some confidently insist, in proving that England has already redeemed its light to^ the distinction which it lost in and after the reign^ o. Henry VII.—Nidli gentium mitiores placuisse pamas. The executions during the reign of Henry \TII. are reckoned by Hollinshed to have averaged two thousand a year. Towards the close of the reign of Elizabeth they averaged annually about four hundred. Notwithstanding the vast increase of our population, and the supposed increase of crime, the criminal return for 1830 gives, on 12,805 con¬ victions, the sentences to death 1397, and actual execu¬ tions only forty-six. In France the criminal return for the same year (1830) gives, on 4130 convictions, the sen¬ tences to death ninety-two, and actual executions thiity- eight. ' . 7. Courts of Justice.—The occasions are few and strictly limited, in which the English law allows the party injui- ed, or his immediate relations, to right themselves. A third person cannot justify interfering on behalf of the private interest of even his dearest friend. It is only as a member of society that he can step forward on the pub¬ lic grounds of preserving the public peace, rhe great singularity of the chapter on preventive justice in the English system, is not, as Blackstone states, that there should be one at all, but that it is so short. Ihere is no¬ thing, however, which a stranger is not privileged in doing, in order to prevent the commission of a felony, in other respects, every one is understood to have transfer¬ red the redress of whatever wrongs he may sustain, as well of a private as of a public nature, to the collective justice of the community. Under these circumstances, it is the duty of the community to establish tribunals for a prompt, cheap, and efficient adjudication of the differ¬ ences which must necessarily occur. The necessity of reconsidering the constitution and distribution of courts, both of original and of appellate jurisdiction, has been at last forced upon the English legislature. Original tribu¬ nals may be separated or combined upon four principles : First, by the nature of the causes, whether civil, criminal, or ecclesiastical: Secondly, By the importance of the pro¬ ceedings ; that is, according to the value of the matter in dispute, or according to the amount of punishment to be inflicted: Thirdly, By territorial extent: Lastly, By the number and description of the judges, and by the differ¬ ent forms in which justice may be administered in each. The English system admits all these principles. The supreme courts are classed on the first principle. They were originally fdunded upon a positive metaphysi¬ cal division, which went so far as to parcel out particular classes of civil causes to particular courts. Thus all con¬ troversies between subject and subject were to be taken into the Common Pleas $ all civil questions which might affect the revenue were to be decided in the Exchequer ; whilst the King’s Bench had the proper cognizance of ail E N Gr h A N D. 31 trespasses wliich savoured of a cririunal nature, iti right of its transcendent authority for the correction of crimes aftd misdemeanors. By means of rival measures of ludi¬ crous trickery, hardly worthy to be called astuteness, these courts gradually obtained in most civil actions a concur¬ rent jurisdiction. But this jurisdiction unfortunately re¬ mained stationary while society advanced. In course of time Chancery took under its cnarge the vast civil interests with which the common law refused to interfere. Common lawyers were for a time indignant; but they seem, alter the first unsuccessful struggle, to heave shrunk from enter- fit of be^ tlecrded by a local cotwfc Byfehe supposition, tavern, a better court is understood to be provided elsewhere. Lawg_ The excluded hasps are remitted to it, because either the difficulty of a cause, or the mischief of an erroneous;judg¬ ment, rises with the amount of the property', and of the pe¬ nalty which ft involves. This is true to a certain degree, but to nothing like the degree necessary to warrant the universality of the rtd'e y and least1 of all does it justify the distinction at tho peremptory point where it is at present taken. 'Local courts-1 of’every description are now scat¬ tered up aud down 'the country'most irregularly. There £ 5 SSSST.vithThe political ascendency of the are as Uy as sixty courts of eonscience for the reco. Chancellors. Consequently,'the greater part of this eqmt- very of small debts, established among vei y unequal p - able iurisdiction is what no fiction or rule of court has since pulations and at uncertain OiWunees, 1 ncy easiij <0.011 • be-n ingenious or venturesome enough to reach. Soon after of being parcelled out on an improved system. * On any die Nofman conquest, it was the policy, perhaps, of the reformation of them, the standard^l^ue m eivd quesj. Government; btit^still more of the church, to separate ju- tions otight to be materially raised. Ihe jumc al talent dicialiy the civil from the ecclesiastical authority. The and legal knowledge of the prce^sion, if properly select- KinsdfBench has revenged itself on Doctors’ Commons ed, are fully capable of supplying the cemapd vvhicl' 1 for die encrOachmentB of Chancery, and has always taken alteration would create. Ihe necessity of local bomb, iealous care, by its prohibitions, to keep the ecclesiastical is a matter of contemporary fact and reason rathe, than courts within‘their peculiar province. The province is of authority ; but if great mames are W^tedw tne j^an still however considerably larger than present opinion Would have made it; for it would be difficult to make out how matrimonial and testamentary questions are pro¬ perly matters of spiritual concern. The suspicion enter- mined by Mr Bentham, that the metaphysical classifica¬ tion of courts must have been the result ot a scramble be- drawn by Sir Mathew Hal© is ample authority for the propositions of Lord Brougham. There can be no doubt but that the confidence of the public would soon be'at¬ tracted to tribunals which, by their comparative accessi¬ bility, would reduce the tlelay, die vexation, add the ex¬ pense, within very moderate compass, in this manner the tion 01 courts must nave ueen tue leouitui a - . v —- . . , , 1 1 , • tween competitors, is not confirmed by our legal history, most crying grievance m.gbtbe^ removed, and die adrot . nmufThi-nhnni-the rnnsnlida- nistration of iustice universally facilitated; without giving The scramble began witn and brought about the consolida¬ tion. Nevertheless, although at first a deliberate arrange¬ ment, itseevps to have been an injudicious one; and as such, it has been in a great degree abandoned. Every classifica¬ tion of the kind multiplies the chances of clashing juris¬ dictions. It creates also an additional risk of a failure of justice; since there is a chance the more of a formal error, by mistaking the appropriate'tribunal- Each court, having less to do as the business is more minutely subdi¬ vided, can supply the judicial demands'of a wider area. Thus is-superinduced the further disadvantage of extreme centralization. Circuits by the supreme judges at stated periods offiy partially mitigate a portion of these evils. They have been in use for many ages, and . have the: very desirable effect of bringing the metropolitan courts nearer to the great majority-of the suitors or the kingdom; but it is difficult beforehand to make the calculation oi the probable business at the several places of a circuit, with so much accuracy as not to become the occasion oi one or other of opposite inconveniences. Causes are oiten hur¬ ried through with indecent haste, or are got rid of by an almost compulsory-arbitration ; or great vexation and ex¬ pense are incurred in waiting far a trial, which, alter all, is obliged to be put off until the next assizes. The ex¬ pense of our actual courts is a fatal objection to the ex¬ clusive authority which they practically at least enjoy. When it is at orice universally admitted that it is cheaper to lose a debt of L.20, rather than to recover it by law, nothing further need be said. In the main examples under the English system for distinguishing courts, either according to the importance ot the question, whether civil or criminal, or according to the extent ot territory nistration of justice universally faeilitated; without giving to our permanent local courts an exclusive original juris-' diction of all cases whatsoever arising within their lifuit. The circuit system, though open to serious objections, might probably, in a balance of advantages and disad¬ vantages, be the best practical compromise for the remain¬ ing difficulties. The periodical visi t s of the supreme judges, and the presence and example ot the powerlul metropoli¬ tan bar, have doubtless a very wholesome influence in the provinces. They constitute moveable, local Courts fertile time being. In the great majority of cases, trials at bar must have; been always out of the question ; ano. much more so, while the metropolis was a place talked of rather than known in remote counties, than at present. I rotn the earliest times, therefore, the courts :at \V estminster could not dispense with justices in eyre travelling to the spot. These deputations of the supreme judicial power are necessary consequences of the strict doctriheoi venue, and of the most latitudinarian extension which has yet been given to the original necessity of summoning a jury from the scene of action. The size of France more naturally led to great provincial institutions, like the old Trench parlia¬ ments, or the actual (Jours Roy ales, with their (livers sub¬ ordinate jurisdictions. The different courts existing in Eng¬ land for different purposes, vary-Considerably in the num¬ ber of tlieir judges, and in the forms by which justice is ad¬ ministered. Mr Bentham praises single-seated judicature. Aristotle, on the contrary, insists that one or more col¬ leagues are wise precautions against the moral or intellec¬ tual obliquities of a single individual, ihe practice of England offers a choice of every kind. The varieties are varieties of accident apparently, not of principle. Courts of civu or criminal, or aceoruiug lu ine caicul u< n . . . y, \ subject to their jurisdiction, both principles are generally equity, and most of the courts which do not pioceet ac- combined. This is the case with the baronial, the hun- cording to the common law, have always afforded, am dred, and the county courts of the common law. The still afford, only a single judge. But the number in tie same combination was observed in the County Court for supreme common-law courts fluctuated considerably in Middlesex, as settled by the 23d George II. c. 33. It former times. That of the Common Fleas, for instance, applies also to the Courts of Requests oi'Conscience, and has been nine, seven, six, four, and hve ; of winch atter to the judicial authority given to corporations and to jus- number the three principal courts of common^ law consist tices of the peace. The subjects which exceed the scale at present l.IJ 1 111 v_.l|^ vy VI t w 12 On the circuit the number drops down to one, set to these limited jurisdictions, of course lose the bene- both in civil and criminal cases, xhe trial ot a peer or 32 ENGL Govern- felony takes place before the whole body of the nobility, ment and 'j'be inferior courts vary equally. There are the manor , and sheriff’s court, with the crowd owing suit and service ; t]lc mayor and aldermen of corporations, assisted, or not, by their recorder; magistrates with summary jurisdic¬ tion, one or two in certain cases, up to the indefinite scramble of the bench at quarter-sessions. When mem¬ bers of a corporate body, and justices of the peace, render their judicial services gratuitously, the financial objection of a numerous judicature is removed. But it is only the financial objection; and a remuneration, more than ade¬ quate to the services performed, is likely to be often got in local influence, or some more objectionable shape- W hen the aggregate numbers stop short of letting in the pas¬ sions which seize upon all large assemblies, even the ma¬ jority may be yet likely enough to want the requisite cha¬ racter and knowledge. It is absolute^ necessary to keep down this risk within certain limits. But the importance of interesting the higher and middling classes in the ad¬ ministration of justice may counterbalance in this instance!, as in that of a jury, a small per-eentage of errors. If no very good cause can be assigned for the numerical varieties which appear upon the English bench on different occasions, it is perhaps still more difficult to give a rational account and justification of the distinctions by which the presence or absence of a jury is determined. The precise history of the institution, of its original object, and of the transitions through which it has passed to its present state, appears to be irrecoverably lost. But enough is left to show that it was a trial by neighbours, acting in the mixed capacity of witnesses, sometimes to facts, sometimes to character, as well as in that of judges ultimately deter¬ mining the truth of the fact upon the result ot the evi¬ dence. They were always the patria, but only in certain cases the pares, of the parties. As the law advanced to the dignity of a cultivated science, the line of demarcation between the facts which were to be proved, and the lawr which was to be applied to them, became strongly (occa¬ sionally too strongly) marked. If the temporary and casual inquest returned by the sheriff w^as recognised as the pro¬ per judicature for solving the question of fact, the per¬ manent professional representative of the sovereign was alone competent to answer the question of law. The jury, growing up with, and itself a part of, the common law, w'as thus made the constant adjunct to its courts. It insured at all events publicity, without which every other excel¬ lence can give little security for real, and npne for appa¬ rent, justice. Yet apparent justice is the source of the general confidence and satisfaction which forms one of the principal objects of government in all its branches. In their own limited departmeqts, courts of equity, admiralty, and chivalry, arose under the civil law, and ecclesiastical courts under the canon law. Knowing nothing of a jury, they,knew nothing of the above distinction ; and the pro¬ fessional judge was of course entrusted with the decision both of fact and law. Cases in Chancery, where an issue is directed, gre the mere exceptions of practice., There, is nothing in the great majority of the questions which come before any of these courts, as compared with the civil questions which are tried at the assizes, to warrant a difference of this description. The interposition of a jury is matter of command in the one case, and of prohi¬ bition in the other; yet the rule rests only upon prescrip¬ tive'usage, and nqt op reason. The legislature lias often dispensed with juries, for obvious reasons. It is easy to understand how a jury is too popular an institution to be trusted with the administration of unpopular, laws; such as laffs enforcing rates, excise, and customs, must unfor-. tunafely;aiways be, A more .agreeable reason will justify,, the absence ot a jury ig so«ie, but. m some only, oi the AND. questions left to justices of the peace. Many causes are Govern- too free from difficulties, and at the samfe time too fre- ^nUne quentlyreeurring, to render it necessary or prudent to fill a jary box by means of a legal conscription on their ac¬ count. Twelve citizens need not be summoned from the farm-yard or the counter to superintend the prosecution of aif minor offences, and on every affair of correctional poliee. Whilst accidental circumstances have had the greatest share in establishing the distinctions by which in the higher courts juries are admitted or excluded, it would be as well to see in what cases some better criterion can be found. This would be wiser than the opposite courses which have been recommended by the extreme advo¬ cates of reform ; an indiscriminate reception, or an al¬ most indiscriminate refusal. A jury is an excellent tri¬ bunal for solving arid appreciating ninety-hine out of one hundred of the combination of facts with which criminal justice has to deal. It is thoroughly qualified to deter¬ mine all cases of intention, and assess almost all questions of uncertain damage, as in actions of libel and of trespass. Whatever abuses may stain certain periods of our history, the institution has well earned the traditional reverence with which it is regarded. It is entitled, on collateral accounts, to the respect of the lawyer and to the grati¬ tude of the people. The distinction by which a question belonged to the judge or to the jury, according as it was a question of law or of fact, impressed a peculiar charac¬ ter upon our legal proceedings. It was the occasion of the remarkable simplicity and precision with which these se¬ parate questions were early discriminated in the English law. The national character of Englishmen has become remarkable for its almost judicial sobriety, and for the de¬ gree in which a deep sense of justice and rin invincible respect for property are singularly combined with popular public spirit. How much of these, one or all, may be owing to the immemorial co- operation of the people in the admi¬ nistration of the law, is more than any one can presume to say. The impression left by English history on Jeffer¬ son is recorded in his declaration, that he would rather live without parliaments than without juries. It is for the interest of the parties as well as of the' public that a suit should be brought to a final termina¬ tion as soon as a reasonable certainty for a correct deci¬ sion has been secured. A government is bound to make its courts of original jurisdiction as good as, with refe¬ rence to the circumstances of the case, it has the means of making them. That is the first and indispensable secu¬ rity. Supposing, nevertheless, that there are grounds for suspecting a failure of justice in any instance, on ac¬ count of misdecision either upon the fact or the lawy the course to be pursued depends on the stage which the proceedings have reached. There can be no reason for withholding from the original court, if it has still charge of the proceedings, the power of doing justice. This is done in civil cases, in a court of common law, by means of a new trial. On the return of the record by the judges who were commissioned to take the trial at Nisi Prius, the court from which the record was sent can revise the law laid down at the trial by the presiding judge, and can also exercise a discretionary criticism on the verdict of the jury. In tke event of the question being transmitted to a se¬ cond jury, the judge commissioned to superintend, and the jurors summoned to ’rehear the facts, may be different individuals from those concerned in the former investiga¬ tion;; but the class which the inquest represents continues the .same. It is not a superior court, but only another edition of the former. The judges on this occasion have frequently an opportunity of putting the parties to such - tenns a^ may appear to be advantageous to the ends of .juatiGe, especially with cegardAo the new!,evidence to be ENGLAND. 33 Govern- produced. It is a peculiarity belonging to the form of the ment and action of ejectment, that a party may give himself the I.aws. . benefit of a new trial without the assistance of the court. In Lord Bath’s case there had been five successive verdicts for Lord Bath before the House of Lords decreed a perpe¬ tual injunction. Justice Powell, in the year 1712 (1. Peere Williams, p. 212), observes that new trials from Nisi Prius are thingsof which he did not well know the foundation, but of which he had found the courts in possession. Judges of equity, possessing the whole case in their own hands, have allowed themselves a somewhat greater latitude of reconsidering and recalling their decrees, under the ana¬ logous forms of a rehearing and a bill of review. When an original court has once pronounced its final judgment, such a judgment is rightly made conclusive ever after, unless reversed by a higher court. There is sometimes the reality, and always the appearance, of hardship in bind¬ ing the losing party to the possibly hasty or prejudiced opinion of a single tribunal. He will often be desirous of appealing elsewhere for the chance of its reversal. One chance of this kind, if the superior tribunal to which it is carried up is at all properly constituted, will be enough. This part of any possible judicial arrangement contains a choice of evils. Unless a power of removal or of appeal be given, one act of ignorance or of injustice will be fatal to the unlucky suitor. The other side of the risk is exemplified in the skeletons presented by the inferior courts for counties, hundreds, and baronies; or in a still more mischievous vi¬ tality. If the power is given, either both courts are really kept alive, in which case the temptation to run the gaunt¬ let of both will often take a party through two proceed¬ ings, where he had much better have rested satisfied with one ; or society and the law-books will be taxed with keep¬ ing up the cumbersome representation of a first court long after it has fallen into disuse. The differences between a writ of error from a court of common law and an appeal from the Court of Chancery are unimportant. They are the respective names by which the two systems mean the same thing. It is only upon appeals, in the spiritual court, that new evidence is received. The absurdity of the English practice, in marshalling appeals, consists not so much in its usually allowing an intermediate stage, as in its converting the whole nobility of the empire into the supreme appellate court. The barbarous incompetency of a tribunal of this nature is flagrant enough to satisfy the condition of raising an exclamation whenever it is men¬ tioned ; and it is neither removed nor concealed by the additional absurdity which, by way of a great constitution¬ al improvement, imperatively requires at present, besides the one law lord who is to do the work, the ceremonial attendance of two suffragan peers in rotation for the pur¬ pose of looking on. A well considered reform has given the colonies and the spiritual courts an excellent court of appeal in the late judicial modification of the privy coun¬ cil, It is out of the question to suppose that suitors from the ordinary courts of the three kingdoms will rest con¬ tented without the benefit of some similar amendment in the character of the House of Lords as a court of justice. The scale of original and of appellate courts must be so constructed as to raise the presumption in favour of the latter. At present the appeal is carried from the most learned judicatures in the kingdom to one which neces¬ sarily knows nothing at all about the matter. Criminal proceedings are carried on with or without a jury. The latter are called summary convictions. They were unknown to the common law. At present they take place in frauds on the revenue, and in many minor oft'ences, before the particular persons appointed by the several statutes which have created these extraordinary jurisdic¬ tions. When the commissioner or magistrate has once VOL. IX. pronounced his decision on the case as brought before Govern- him, he is functus officio. The privilege of appeal from meat and his decision, in order to obtain a second inquiry] into the merits, is not of common right; it only lies where it has been expressly given by act of parliament. The word is connected with the comparative novelty of the proceed¬ ing. For the word appeals had not passed beyond the spiritual courts until the time of James I. The earliest mention of appeals to the quarter-sessions is in the begin¬ ning of the reign of Charles II.; and towards the latter part of his reign they had come into general use. On the other hand, the writ of certiorari, by which the King’s Bench removes before itself the proceedings of all inferior criminal jurisdictions, existed at common law. A certio¬ rari has the object and effect of a writ of error, in an in¬ stance where, from want of learning, error was most like¬ ly to occur. For this purpose, whenever it is granted, the determination of the justices, like thdt of a jury in the case of jury-trial, is final as to the matter of fact; and the superior court, in reviewing their judgment, notices nothing but what appears upon the face of the conviction. The power of granting certioraris has been taken away by express statutory prohibition upon many occasions since the Revolution. Nevertheless the power is considered by the King’s Bench as so beneficial to the subject, that the extent df these prohibitions is as much as pos¬ sible restrained by the utmost jbalousy of construction. A knowledge of law travels down to the quarter-sessions in the shape of opinions obtained from the metropolis, and in the persons of an attendant bar. If one or other must be dispensed with, it may perhaps therefore be fair¬ ly questioned whether the limited argument on a certio¬ rari is not both more expensive, and at the same time less beneficial to the subject, than the more comprehensive re-investigation admitted upon an appeal. The conclusive nature of criminal proceedings before a jury depends on an absolute rule which the common law introduced, and which it has been able to preserve up to the present day in its own favourite tribunal. No man can be put in jeo¬ pardy twice for the same offence. As long as appeals for felony were in practice, this maxim might have been easily evaded. One precedent in direct contradiction to it is reported by Foster in the trials of the Jacobites. But when the jury has once been sworn on a charge within its jurisdiction, and upon a sufficient indictment, it is un¬ disputed law that the prosecutor cannot elect to be non¬ suited, and that there can be no second trial. The points on which a criminal judgment may be falsified or reversed by the King’s Bench, or by the House of Lords, either with or without a writ of error, are all independent of the merits. Wherever the proceedings below are annulled on the supposition that the party prosecuted has never been tried at all, of course he still continues liable to prosecu¬ tion in the same manner as if the former nominal trial had never taken place. The doctrine of attaints in criminal cases was at no time held in terror over a jury. At mo¬ ments of violence, arbitrary judges, dissatisfied with a cri¬ minal verdict, formerly imposed fine and imprisonment instead. This was equally unjust, and was illegal into the bargain. In the nature of things, however, there can be no reason why the presumption in favour of the correct¬ ness of a verdict should be placed higher in criminal cases than in civil. Yet the one is left carefully open to revi¬ sion, while the other is as carefully closed. The distinc¬ tion is partly the result of accident, partly of indifference. But it is probably in some degree to be attributed to the fact that it was an object to bring litigation sooner to a close, where, owing to the poverty of the parties, and to the rules concerning the costs of an indictment, the liti¬ gation would be prolonged at the expense of the public. £ 34 ENGLAND. Govern- The present popularity of the distinction is undoubtedly ment and for t]ie most part matter of tradition. The cause of it is Laws. t0 found in the despotic practices of former times. The people gladly acquiesced in any rule which lessened the number of criminal prosecutions, and secured to a de¬ fendant the whole advantage which had been hardly earn¬ ed for him by the rare contingency of a courageous jury. It is impossible that even the violent condition of linam- mitv can make the first impression of any court, especial¬ ly of a court constituted like a jury, so completely satis¬ factory that the conclusiveness of a single verdict cpn be consistent in all criminal trials with the ends of justice. The rule in the present state of society operates entirely in favour of the prisoner. It must do so as soon as the crown has learned to exercise the prerogative of pardon on purely public considerations. Amongst these, and in the first rank, stands the necessity of protecting the con¬ science of mankind against the possible suspicion of punish¬ ing the innocent. If there has been any mistake in fact or in law, or if any fresh evidence has come to light, the pri¬ soner is certain of receiving from the executive the full benefit of the discovery, in mitigation or pardon. Un the other hand, unfounded acquittals are very injurious to the best interests of a community. They turn back on society offenders whom impunity has hardened.^ I icy embolden all who are tempted by vicious propensities to prey upon the public. They bear down the innocent man s appeal to a verdict in vindication of his character, by the cry of acquitted felons. They destroy the confidence of the people in the truth and efficiency of the law. I he ancient scruples, by which the statutes of jeofails were not allowed to amend errors in indictments, had no con¬ nection with truth, justice, or sound humanity. As little can be said in behalf of any scruple which refuses society, for the punishment of a wrong-doer, the same assistance as it affords a private individual in satisfaction of his pri¬ vate injury. It will not be to the credit of the reason and the temper of the English public of the present day, if they are not able to remove this inconsistency between the' two systems, by the interposition of checks and pre¬ cautions, ‘which, whilst they give a proper chance of jus¬ tice to the public, shall secure a prisoner against any fur¬ ther hardship than that of having his case properly de- cided. . u 8. Judicial Proceedings.—On these points the English practice bears a remarkable resemblance to the Roman in some particulars, which have been comparatively aban¬ doned in countries where otherwise the civil law is the principal authority. It is the more curious to find these coincidences between two systems, which are otherwise so different, that Selden observes they have not a term in common. The original writs of the common law, by be¬ ing the tests whether a party has or has not a right, are rude approximations to a code. I heir analogy to the set forms for actions adopted by the Romans is so striking, that Duck and Noy agreed that the writs in the registrum l/revium must have been settled by great civil lawyers. Blackstone (vol. in. p. 117) speaks as if some similar stan¬ dard was in itself undoubtedly necessary to fix the true state of a question.of right; and lie even subjoins, that an equivalent method is recognised by all the modern legisla¬ tures of Europe. This is surely a proposition very difficult to be maintained in the presence of the contrary experience, both of Scotland, and of the English courts of equity and of Doctors’ Commons. In the subsequent proceedings, most judicatures leave the parties to tell their story in their own fashion. But Mr Stephen, in his excellent work on pleading, shows, by reference to Quinctilian’s account of the method of oratorical analysis, which he himself used in forensic controversies (B. vii. c. 1), how artificially the Ionic of a Roman advocate was directed to the object of Govern- bringing out the point in issue. Looking at the different m£n ana ways in which the testimony of witnesses maybe extract- ed Mr Bentham says that cross-examination is, both in the thing and in the name, peculiarly English; for every thing of the sort is excluded by the interchange of written interrogatories from the present usage and vocabulary of the civil law. However, in the seventh chapter of the fifth book of his Institutes, Quinctilian has again sketched as accurate a picture of examination and cross-examina¬ tion as a Nisi Prius leader could desire. Every rule of positive law is necessarily founded on a balance of advan¬ tages and disadvantages. In many cases the line of pru¬ dent compromise between opposite mischiefs is extreme¬ ly difficult to draw and to preserve. Wherever the line is taken, nothing is so easy or so unreasonable as to cari¬ cature it, by representing only the inconveniences which every compromise assumes. I his is particularly true with regard to judicial pleadings. They are merely the state¬ ment made by both sides of their case ; nevertheless they are a subject which, on account of the opposite mischiefs of the Scottish and English systems, has lately been the occasion in both countries of elaborate debate and judi¬ cious propositions for their reform. The nature of the mis¬ chiefs in these two instances is just the reverse of what might have been expected. Scotch pleadings, which were carried on under the superintendence of the judge, erred by extreme looseness; whilst English pleadings, which, except in extreme cases, had been for ages left to the dis¬ cretion of counsel, became celebrated for the characteris¬ tic error of an extreme strictness and technicality. Ihe intermediate course taken by the Court of Chancery ap¬ pears upon the whole to be the most rational; though equity drawing has quite reproach enough in its verbosity and repetitions, where every word has a pecuniary value. As soon as the new rules relating to pleadings, which have been lately framed by the judges of the superior courts of common law, shall have come into practice, it may be confidently trusted that the common law will no longer labour under the evil of voluminousness, in addition to that of technicality. Originally, parties made their state¬ ments to the judge by word of mouth, with as little form as a complainant tells his story to a magistrate, or as coun¬ sel at present open the case orally at the bar. During tbis period a great deal would depend on the talents of the judge for abridging irrelevant details, and clearing up am¬ biguous expressions. Afterwards, towards the middle of the reign of Edward III. when writing became common, the substance of the altercation, to which the evidence and the argument were to be applied, was required (and very properly) to be put down in writing in the first instance. The moment of this transition was the golden age of Eng¬ lish pleadings. Serjeants drew them, and judges settled them. The judges ceased by degrees to interpose at this early stage of the suit. But, according to the scholastic subtilties of that-age, the science of special pleading was encouraged to become more minute and complicated. A proportionate degree of technical knowledge was rendered necessary for the judge, since he had ultimately to award the prize to the professional combatant who had manoeu¬ vred on behalf of his client with most success on this pre¬ liminary arena. Fitzherbert, Littleton, and Coke expa¬ tiate on the learning, the lucrativeness, the honour, and de¬ lights of pleading. The reports of Chief-Justice Saunders are the glory of this art; and his mind is a model of the sort of astuteness which it cultivates. The department calls for but a small, and that far from the highest, por¬ tion of real judicial ability. It becomes only prejudicial craftiness the moment that it passes the boundaries within which a strong and logical understanding would confine ENGLAND 35 rovern- the speeches of advocates at the bar. The degiee at lent and which an intimate acquaintance with special pleading still Laws, j-jjnks jn the list of qualifications for the bench, is a proof -'-y'--' how much that boundary has been overpassed. Besides mastering the merits of his case, formal diffi¬ culties of great magnitude are in this early stage of the inquiry thrown upon an English lawyer. In the first place, he has to select the appropriate form of action ; and having done that, he must comply with the established principles on which the forensic argument is to be conducted, and which, mutatis mutandis, are equally applicable to all forms. Our historical sketch of the transitions of English plead¬ ings shows what alone they ought .to be when they are properly considered. If they are nothing but the state¬ ment made by the parties, of their respective cases, What is the only object of an intelligent and honest state¬ ment ? It can be nothing else than to keep clear of ex¬ traneous topics, and to get to the point in dispute as soon as possible. As every legal question consists of the appli¬ cation of a supposed principle of law to some one or other supposed fact, the first thing to ascertain is, About what are the parties quarrelling? Do they differ in their view of the law or of the facts, or both ? The alternative cases present no difficulty. When there is no dispute about the facts, there is a simple point of law for the opinion of the judges. It is at once raised upon what is called a demur¬ rer. On the other hand, when the dispute turns entirely on the facts, what is wanted, is, that they be brought out to the jury in so precise and definite a shape, that it is impossible to mistake the point or points in issue. If the party is prepared to dispute the correctness of the law as applied to the supposed tacts, and further, also the correctness of the facts as stated, questions of consi¬ derable difficulty and difference of opinion open on him. Must he enter upon both issues simultaneously ? or may he take first one, and then the other ? and, in the latter case, with which of the two issues, that of fact 01 that of law, ought he to begin ? The English common law dis¬ poses of these considerations by summarily making an ad¬ mission of the facts a condition of a demurrer. A legal proposition can seldom be put forward so manifestly erro¬ neous that a defendant will not think it advisable to re¬ tain both chances in his hands. It is on the facts, namely, what he should prove, concede, deny, that he must be care¬ ful to watch over his own interests. Points ot law will comparatively take care of themselves, and the benefit of these is also secured at all stages. Demurrers are freed in courts of equity from the above condition. The expe¬ rience in equity by no means justifies the apprehension entertained by the common-law pleaders, that on the re¬ moval of the condition every cause at common law would be forthwith burdened with a tentative demurrer. The discretionary application of costs might easily be made a most effectual instrument for the suppression of such un¬ warrantable speculations as might at first arise upon a relaxation of the former rule. The abuses of special pleading have on many occasions induced the legislature to interpose. Particular defendants, as magistrates, for instance, have been favoured, by way of exception, with the privilege of pleading the general issue; that is, they are allowed to deny generally the wrongful act imputed to them, without being called upon to state whether they mean to deny the law or the fapt, or to piention a single item of the hundred possible special grounds of their de¬ fence. The English system prides itself on its peculiar mechanism, every movement of which necessarily tends to a clear and single point. The plea of the general issue does much more than lose the advantage for which so much is sacrificed. It covers every thing with a cloud. It gives the defendant the privilege of evading the duty of speaking out, by adopting a common form, which tells Govern- the opposite party absolutely nothing. The regulation which refuses a prisoner a copy of his indictment till lie ^ holds up his hand to take bis trial, is scarcely in principle ^ more unjust. Fraud lies in generalities. On the one hand, a defendant dr a prisoner has a right to know the particulars of the demand or of the accusation brought against him; something more than the mere assertion, that he is liable to a demand or charge of some sort; what it is being left to appear on the day of trial. On the other hand, plaintiffs and prosecutors are equally en¬ titled to know beforehand the particulars of the defence on which their claim is to be resisted ; something beyond a direct negation. At all events, when the power of plead¬ ing the general issue is thrown over a party as a shield, the exception should rest on the nature of the case, and not on the authority of the person. A better distinction might be found than that of official station. Pleadings drawn up and communicated by the professional repre¬ sentative of the parties ought to contain a correct narra¬ tive of the transaction in writing. Thus prepared, they might be expected to be more complete, and at the same time more relevant and more concise, than any judge could have obtained from their own mouths if present, et what would be thought of parties in open court who were to ramble into the jargon and exaggeration of a declara¬ tion ; or who should indulge themselves viva voce in the fiction of alleging the utmost preciseness of time and place, whilst every syllable of the allegations was perhaps notori¬ ously and ridiculously untrue. It is difficult to account for the origin of such extravagant falsehoods. They are as indefensible in point of reason, coming from the pen of a pleader, as if they came from the principal himself, pre¬ ferring his claim and conducting his cause in person. 9. Evidence.—What the pleadings have stated, it is the object of evidence to establish. One of the most difficult things to account for, is the absurdity of the rules of judi¬ cial evidence, which have prevailed in all ages and over all countries. Sir William Jones observes, in his preface to Isaeus, that “ we may triumph in our elegant and philo¬ sophical theory of evidence, which Aristotle and Plato must have admired, and by the strict rules of which all trials in the world ought to be directed.” No panegyric was ever less deserved. It is perhaps true that the Eng¬ lish theory on this subject is less objectionable than the theory of almost any other country, inasmuch as its exclu¬ sions appear upon the whole to be fewer and more strictly limited. But it is faulty enough even in this respect; whilst whatever other defects may be found incorporat¬ ed in its principles, they are likely to be felt more severely in practice, in consequence of the unbending rigidity with which every rule is enforced by English lawyers. Our judicial system is too careless in requiring or preserving preconstituted written evidence, even in the case of re¬ curring events and deliberate transactions. The registries of baptisms, deaths, and marriages, are still left as a part rather of ecclesiastical discipline than of civil obligation. They are exposed to great irregularities and losses, whilst a general registry of deeds remains yet to be established. In criminal proceedings the attendance of witnesses on both sides is secured by summary methods. The duty of appearing for a prisoner as well as against him is equally a debt due to society by its members; although it is one which the law was disgracefully slow in recognising. In civil cases witnesses are obliged also to attend; nor can they insist upon more favourable terms than the tender ot their expenses. The English law admits of four heads ot personal incompetency in a witness: one intellectual, as want of sufficient reason; and three moral. Of these, the first is a want of religious belief, extending as far as to disbe- 36 ENGL Govern- lieve the existence of a God and of a future state of re* ment and wards and punishments. The second is infamy of charac* Laws. terj evidenced by a judgment of felony, or for some of- fence considered by the'law as infamous. The last is> a direct legal interest in the cause at issue, or in the ques¬ tion asked. The objection that the witness might use the verdict upon some future occasion, has recently been re* moved. The only head of incompetency from family re¬ lationship, is the case of husband and wife. It applies to both, and to evidence offered eithdr for or against each other. The only instance of incompetency from profes¬ sional relationship, is the rule by which a lawyer is prohi¬ bited from giving evidence against his client concerning any facts with which he has become acquainted under the sanction of that relation. The Objections are equally fatal, whether the acts to which the testimony applies are sudden or deliberate. It would be as difficult to justify the want of distinguish¬ ing between these two classes, as to prove the propriety of the distinctions which, in some ihstances, prevail be¬ tween the admissibility of the same evidence in criminal as in civil proceedings! The rejection of hearsay is also too extensive. It may be doubted whether the rejection should ever be carried further than to declarations made by a person whom it \vas possible to have produced as a witness, and who might have been compielled in the cha¬ racter of a Witness to repeat his supposed statement un¬ der the sanction of an oath or other solemnity, and subject to cross-examination. It does not apply to declarations, themselves a part df the transaction. The tendency of the judges of latter days haS strongly run in the direction of letting in evidence. But more extensive innovations upon the former exclusions than the judges feel at liberty to authorize are probably near at band. Amongst these, the taking away the exclusion on the ground of interest in a civil suit, is the most important. There can be no doubt but that the examination of a prisoner, humanely con¬ ducted, would be very favourable to truth. But there is much doubt whether even an open court could be trusted with the authority, and still more whether the public would be satisfied with the change. All the objections above enumerated go to the competency of a Witness, and, where they apply, are fatal. All other objections are of minor consequence. They go orily to the credit, and as such, they are questions, not of total exclusion, to be determined by the judge ; but matter for observation, turning on degrees of credit, more or less, to be weighed by the jury. Two witnesses, or an equivalent, are universally required by the civil law. With us, one witness, if believed, was suffi¬ cient for all purposes, until parliament made two neces¬ sary in treason, and until a rough sort of comparative arithmetic established the demand for something more than a single witness upon a charge of perjury. Parliament has insisted upon the aid of three witnesses to a will de¬ vising an acre of land, though a million in the three per cents, may be bequeathed by an unwitnessed testament¬ ary paper. Courts of equity have imposed a limit on their encroaching jurisdiction, by allowing the positive oath of a defendant to be conclusive against the unsupported tes¬ timony of a single witness. The limit has probably a re¬ ference to the double origin of Chancery; first as a court of conscience, and next as more closely connected with the civil law. There are but few instances, and those introduced by act of parliament, where written evidence is of absolute necessity. The policy of the celebrated statute of frauds was adopted from the French orddfi- nance of Moulins ; and it admits of no exceptions where it applies. But writing is often used by the parties in transactions which are without the statute. The com¬ mon law is equally strict in both cases, in preventing A N IX written instruments from being varied, added to, or ex- Govenr plained by parole. The rule has been broken in upon to a ment an certain extent, by a distinction between ambiguitas patens et latens, of which Lord Bacon has the credit. The best justification to be made for the exception winch allows an ambiguity raised by external evidence to be also re¬ moved by external evidence, appears to stand on the fol- lowing considerations. It restrains the fear of peijury within a much narrower circle. In the next place, the author of the writing bad not equal means of protecting his intentions against an ambiguity of this description. The admissibility iff copies is tried by the paramount rule, that the best evidence in existence must be produced. Mere declarations acquire no further validity by being- committed to writing. They thus become only written hearsay. The mode of extracting oral testimony varies according to the courts in which it takes place. Very little can be added to the excellence of the system in the courts of common law. A witness there delivers his evi¬ dence viva voce, in the presence of the public, of the par¬ ties, and of the deciding judge. There is scarcely a limit to the range of examination and cross-examination, but the discretion of the court. The practice in courts of equity is much more imperfect. The examination being conducted on written interrogatories, and by examiners out of court, loses all the! advantages of viva voce suggestions on the spot, of cross-examination, and of publicity. The very demeanour of the witnessess is removed from the ob¬ servation of the judge who has finally to determine on their credit. The proof of writings depends on the nature of the instrument, or on the mode of its execution. The English law does not affect to create a scale by which the value of particular evidence may be determined. With the same forbearance, it has refrained from establishing any judicial standard concerning the amount of evidence which is or is not adequate grounds for a judicial deter¬ mination in any cause. These are questions of fact, on which (beyond a few hints, more valuable to a committing magistrate than to the deciding judge) the less that is said in law-books the better. The only security for cor¬ rect decisions is the founding competent tribunals, and binding them to no other criterion than that of their own personal conviction. Mr Bentham’s work on evidence, and his criticism on this branch of the English law, are per¬ haps the most original, and at the same time most useful, of all his writings. 10. Judgment and Execution.—The object of a civil ac¬ tion is either the recovery of a right certain, for instance, particular lands, specific goods, a fixed sum as settled by the agreement of the parties ; or the recovery of uncer¬ tain damages, more or less, according to the extent of the injury which the plaintiff shall be able to prove that he has sustained. The first class of cases, by the nature of the demand comprehended in it, relieves the tribunal from the vague and discretionary inquiries arising under the se¬ cond. The amount of damage is a fact which a few im¬ partial individuals taken from the body of society-are in the great majority of cases peculiarly qualified to assess. This in civil actions is accordingly the province of the jury. They are likely to be far better acquainted than learned judges with the real elements on which the cal¬ culation ought to proceed. Damages evidently so exces¬ sive as to be explained only by the imputation of gross ignorance or corruption, are, bpwever, one of the admit¬ ted grounds for sending back the case to a second inquest. The judgment against Titus Oates, for scandalum magna- turn, at the suit of the Duke of York, where one of the juries of those days had assessed the damages at L.100,000, was reversed after the Revolution. The costs of a trial were never given at common law. In most cases, however, ENGL A N D. 37 they have for a longtime followed as the ordinary incident actual stole, it is of far too little value to be worth cen¬ to judgment. Since the preliminary oaths and pledges of tending tor. It is likely to be soon reduced to nothing, former days have fallen into oblivion, they constitute the since it is seriously proposed, op grounds of public policy, Govern¬ ment ami Laws. only security of the defendant against frivolous and vexa¬ tious actions. Costs are too material an item in litigation to be properly bound in any court by one uniform rule. We are not disposed to recommend, for the sake of consis¬ tency, that courts of equity should be brought under the strictness. It, would be a better discretion of the courts of common lated to the latitude which courts of equity It is easy to enlarge the statutory power given in some instances to judges’ certificates, or to grant an analogous authority to the jury. Certificates for costs might be made a sufficient restraint on fraudulent attempts against the credit of the law and, the interests of society. There are occasions when personal vindictiveness combines un¬ necessarily an indictment and an action in misdemea- to prohibit altogether jpiprisonment for debt. Tor the prevention of crimes, the law seeks to obtain a CQpnteracting infHienee in all directions; in its command over property, character, liberty, and life. The jury find merely the fact of guilt. The legislature has to most of- ed.: The power of arbitrating between these extreme limits, and of mitigating the penalties where no limit has been prescribed at the bottom ul the scale, rests entirely, with tnejudge. The gradation of punishments seems to call for further revision, with tl^e object of proportion, mitigation, and precision. The calculation of public da¬ mage proceeds on the principle of prevention, and, is set nors, or when base practitioners multiply actions for the apart for the judge ; that of private damage looks only to sake of costs against several parties who happen to he the satisfaction of the party, and belongs to the jury. Ihe alllegally liable. In ejectments, trespasses, libels, joint- distinction arose probably on totally, different grounds. It stock companies, and all cases where many rights depend maybe justified, however, by the observation, that the cal- upon a single title, or the ends of justice may be satisfied cplation in the instance of crimes does not depend on the by a single verdict, the law in its present state may be indivitjual case, but on a more comprehensive and general far too easily and too profitabl}' abused. view of the bearings of the whole criminal law than a jury In consequence of the feudal restraints on the aliena- can well be qualified to take ; and that a greater chance is tion of land during a great period of English history, it thus afforded of an approach to that uniformity or average continued to be only partially liable fur its, owner’s debts of any description, and was not liable at all for ordinary debts by simple contract. The restraint went far beyond the poliejr of entails. To the extent that entails were permitted, a tenant for life might, as far as the princi- which it is so desirable to obtain. Pardon is a prerogative properly left with the executive. This is so in America, notwithstanding the foolish deqial of the possibility by theoretical writers against republics, equally as in England. Tim exercise ofTlm prerogative is of course greatly influ- ple was concerned, have hound the life estate, but no- enced by the recommendation of either the judge or jury. * i • _ • _ . il. _ 1 * rPK * ! *1! rPK o /-v (* I * Axtr/Mii* r\V mr r» r i m i n 1 c u/nc n n ft nf thing more ; since that only is his own. This invidious protection of land, even when owned in fee against sim¬ ple contract creditors, has been completely removed dur¬ ing the last session. Ever since the 29th Charles II., whenever land was at all liable, it was equally so although held in trust for the debtor, as when it was held in his own name. No feudal principle interfered to protect personal¬ ty from a creditor. Nevertheless, the absurd expressipn, that money cannot be sold, and the maxim, so inconsis¬ tently evaded in many cases, that a debt or a right to sue another was not transferable, had an equally mis¬ chievous effect. No sensible reason qan be assigned why the principle of foreign attachment should exist for the benefit of the citizens of London only, and not for the benefit of every creditor in England. There is even still less reason why funded property should be placed beyond the reach of the law, on the technical distinction arising from its subsisting in the form of an annuity payable by the nation to the holder of the stock. The bank, in the management of this property, is a parliamentary trustee for the owners of it. And the judgment of a court of law, duly certified on a recovery against a stockholder, ought to have the same effect as the signature of the ac¬ countant-general of the Court of Chancery for authorizing a transfer of the stock. There is a dangerous tendency in facilities for credit to run to too unlimited an extent. The power of imprisoning the person encourages this ten¬ dency ; and, what is worse, it is frequently resorted to in The abuse of it in favour of particular criminals wa§ one of the scandals of many reigns. This had reached so extrava¬ gant q pitch, that Sir T]iomas More praises Henry VIII. on the ground that never king granted so few. Nevertheless, such was the complication and severity of the law, that to execute it according to its letter would have been nqt only unpopular, but impossible. At the very period when parti¬ cular pardons were a national grievance, general pardons were looked forward to as public blessings. It is observed by Sir Bartholomew Shower, that there were never five years without a parliament pardon, and that eleven were published by Elizabeth. “ These,” he says, “ it w^as which made parliaments and crowns the darlings and the desire of the people.” The dispute whether the crown can pardon on impeachments, was one of the remains of the jealousies of former days. It was raging, as a great pplitical question, as late as the Revolution ; and it is still open to argument as a point of law. The dissolving parliaments to save his favourites from impeachment, is charged even by Claren¬ don upon Charles I. as a denial of justice to the nation. There is a vast variety of writs of execution in civil suits of the most trifling moment. By way of contrast, Black- stone notices the slightness of the form by which a mar¬ ginal note put by the judge upon the calendar, is the sole authority for the sheriff, even in a capital conviction. It is one only of many instances of the comparative value set by our ancestors on the formal administration of civil and criminal jurisprudence. The execution of the law in the hopes of laying the iOnocent relations of a spendthrift all cases, of whatever description, is intrusted to,f.he offi under contribution. The humanity of modern times has cial representatives of the executive. Special jurisdictions thrown open the doors of the debtors’ gaol, by discharges have their special officers; but, by the common law, the under the insolvent act. The security contingent on the sheriff is in all judicial matters the proper minister of the person of a debtor was good for much at no time. In itsr crfllHbn’ v*f orjt mmV bilaohr ssw gBkiim !tb otultsi flTY T ‘I i‘‘TTirinv*^ * teaurge jasrtngoD], 9tri -aouio ujusia jiu •««« , “ . r m „ ..A , i L-a i / r u uti aJxaibfi ii htite iauiluuw !o eons afij io 3H0 snedw «iboi to oioU oril lo Jiua afU jian« anouqaoxa on m . ' ,T a -r ayuh oaodj'to aonul m aeitteq ani (d baeu natio at gnuirw lua .djnqqK naiffl baaiovo'i sew -moo 9ilT .oJuJnJa maw gmjna’/mq ni &£ jaoy nu Far in sea, by West Spain, Is a land ibote Cekaygne, There n'is land under heaven-rich Of wel of goodness it y-like. » IT Though Paradise be merry and bright, Cockaygne is of fairer sight. /Jugint B rno' What is there in Paradise But grass, and flower, and green rise ?< . Though there be joy and great dute, Idivt There n’is meat but fruit; There n’is hall, lid re, no bench, But water mannis thirst to quench.3 In this poem, vyldch apparently belongs to the thir¬ teenth century, we. perceive a further deviation from the Anglo-Saxon idiqm. In the preceding extract, the obso¬ lete spelling is not retained, and the language is thus ren¬ dered more intelligible. The subsequent quotation is from a metrical history of England, written by Robert, a monk of Gloucester, who appears to have lived about the year 1278. This rhyming chronicle, as Mr Warton has remarked, is totally destitute of art or imagination. The author thus describes the island of Ireland, nor does he fail to mention its exemption from venomous reptiles. Yrlond ys aler yle best with oute Engelonde. The sea goth al abouten hym eke as ich ynderstonde. More he ys than Engolond, and in tho south half he ys Bradder and more of ynbw than in the north ende y wys. Ajeyn the lond of Spayne-he stond in the north syderyjt. Selde snowe ther inne lith, and nameliche thre nyyt. So euene hot that lond ys, that men durre selde Here orf in bowse awynter brynge out of the felde. Lese lasteth ther al the wynter : bute hyt tho more wonder be, Selde me schal in the loud eny foule wormes se : For nedres ny other Wormes ne mow ther be noyt; And jef he beth thider hi cas from other landes y br03t, Heo dyoth thcnty smel of the lond, other thorj towchyng y wys: Eche gras that ther inne wexeth a 5eyn venym yt ys. For men that ben venymed, thorj grases of Yriond Y dronke he beth y claused sone, idiom Godes sonde. Hony and mylk ther ys muche,‘ mony folk and bnlde. This ys the stat of Yrlond, as iche habbe y tolde4 Another chronicler, who however belongs to a period 1 Blackstone’s Commentaries on the Laws of England, vol. iii. p. 318. 2 Ellis’s Specimens of the Early English Poets, vol. i. jp. 61. 3 Hickesii Lingnanim Vett. SeptentriOrralinm Thesaurus, tom. i. p. 231. 4 Robert of Gloucester’s Chronicle, vol. i. p. 43. 40 ENGLISH LANGUAGE. English somewhat more recent, was Robert Manning, more com- . Language. mon]y caiied Robert of Brunne. He has himself stated that he had resided fifteen years at Brunne, or Bourne, in the priory of black canons, when, in the year 1303, he be¬ gan his translation of Grosteste’s Manuel des Peches. This version still continues in manuscript; but one portion of his historical work, his translation from Langtoft, has been edited by the indefatigable Hearne, who rendered a simi¬ lar service to Robert of Gloucester. The inedited por¬ tion consists of a translation from Wace’s Brut. Peter Langtoft was an Augustine canon of Bridlington in York¬ shire, and is supposed to have died in the reign of Ed¬ ward the Second. The subsequent passage relates to Sir William Wallace. Whan Sir Jon of Warene the soth vnderstode, That the Waleis gane brenne, an oste he gadred gode, And went to Struelyne agayne Waleis William, Bot the erle with mykelle pyne disconfite away nam ; And that was his folie, so long in his bed gan ligge, Untille the Waleis partie had vmbilaid the brigge: With gailelokes and dartes suilk ore was non sene, Myght no man tham departe, ne ride ne go bituene. There first tham tauht how thei did Fawe kirke: Alle gate the brigge he rauht, of nouht our men were irke. Whan the erle herd say, the brigge how William toke, He douted to die that day, that bataile he forsoke. The Inglis were alle slayn, the Scottis bare tham wele, 'Hie Waleis had the wayn, als maistre of that eschele. At that ilk stoure was slayn on our side God men of honour, that wald to the bataile bide.1 A more curious specimen of composition is to be found in the Vision of Piers Plowman, which appears to have been written about the year 1362, and which is common¬ ly ascribed to Robert Langland, a secular priest. The work, which comprehends a series of visions, is replete with satire on the different orders of men, especially on the clergy, both regular and secular; but it is likewise diversified by a succession of incidents, and furnishes abundant evidence of the author’s talents for description. His mode of versification is not unworthy of particular notice. Alliteration supplies the place of rhyme: the corresponding sounds are at the commencement, not at the termination of words. Our extract from this remark¬ able work must necessarily be very brief. And to the church gan ich go, God to honourie, By for the crois on my knees knocked ich my brest, Sykinge for my sennes, segginge my pater noster, Wepyng and wailinge tyl ich was a slepe ; Thenne mete me moche more than ich by for tolde Of the mater that ich mete fyrst on Malverne hulles. Ich sawe the feld ful of folk fram ende to the other, And Reson revested ryght as a pope, , And Conscience his cocer by fore the kynge stande. Reson reverentliche by for al the reame Prechede and provede that thuse pestilences Was for pure synne to punyshe the puple, And the south west wynd on Saturday at eve Was pertliche for prude, and for no poynt elles. Piries and plomtrees were poffed to the erthe, In ensample to syggen ous we sholde do the betere : Beches and brode okes weren blowe to the grounde. And turned upward here tayl, in tokenynge of drede That dedlych synne er domys day shal for do us alle.2 After these specimens of verse, we shall exhibit a spe¬ cimen of prose, selected from the seventh chapter of the Acts of the Apostles, as translated by John WyclifFe. The translator, who was born about the year 1324, and died in the year 1384, may be regarded as the father of English prose. He was the author of various works in Enii Latin as well as English; but the most important of hisLangto, literary labours was a complete version of the Scriptures. He was the great precursor of Luther, who appeared after an interval of one hundred and fifty years; and it may perhaps be safely affirmed, that to him the cause of refor¬ mation was more deeply indebted than to Luther himself. “ This Moises ledde hem out, and dide woundris and signes in the lond of Egipte and in the Reed See, and in desert fourti gheeris. This is Moises that seide to the sones of Israel, God schal reise to ghou a prophete of ghoure britheren; as me ghe schulen heere him. This it is that was in the chirche in wildirnesse with the aungel that spak to him in the mount Syna and with cure fadris, which took wordis of lyf to ghyue to us: to whom oure fadris wolden not obeie, but puttiden him awei, and weren turned awei in hertis into Egipte, seiynge to Aaron, Make thou to us goddis that schulen go bifore us; for to this Moises that ledde us out of the lond of Egipte, we wite not what is don to hym. And thei maden a calf in tho daies, and offriden a sacrifice to the mawmet, and thei weren glad in the werkis of her hondis; and God turnyde and bi- took hem to seme to the knyghthood of heuene; as it is wri- ten in the book of prophetis, Whether ghe hous of Israel of¬ friden to me slayn sacrifices, either sacrifices of oostis fourti gheer in desert? And ghe han take the tabernacle of Moloch, and the sterre of ghoure god Renfam, figuris that ghe han maad to worschipe hem: and I schal translate ghou into Babiloyne. The tabernacle of witnessyng was with our fadris in desert, as God disposide to hem, and spak to Moises, that he schulde make it aftir the fourme that he saigh: which also oure fadris tooken with Ihesu, and broughten into the possessioun of hethene men, which God puttide awei fro the face of our fadris til into the daies of Dauid, that foond grace anentis God, and axide that he schulde fynde a tabernacle to God of lacob. But Salamon bildide the hous to him. But the high God dvvellith not in thingis maad bi bond, as he seith bi the prophete, Heuene is a seete to me, and the erthe is the stool of my feet; what hous schulen ghe bilde to me ? seith the Lord ; either what place is ol my restyng ? whe- thir myn bond made not alle these thingis ?”3 Contemporary with Wycliffe was Geoffrey Chaucer, who is commonly regarded as the father of English poetry, and who closed his life in the year 1400. Dr Johnson has remarked that “ he may, perhaps, with justice, be styled the first of our versifiers who wrote poetically.”4 He was a man of original genius, improved by a familiar acquaintance with writers in several languages. For the native poets who preceded him, he appears to have enter¬ tained but little respect: he sought for better models among the Latin, Italian, and French writers, and in all these languages he found works which he either translat¬ ed or imitated. He possessed a lively fancy, and was a shrewd observer of life and manners. He improved the language, and refined the taste of his contemporaries. He taught them to write, if not with new harmony, at least with new terseness. The work by which he is best known are his Canterbury Tales; and in these he not only ex¬ hibits many characteristic delineations of manners, but likewise evinces a rich vein of native humour. They commence with the following verses, which we have se¬ lected on account of the elaborate analysis to which they have been subjected by Mr Tyrwhit.5 1 Peter Langtoft’s Chronicle, as illustrated and improved by Robert of Brunne, vol. ii. p. 297* 2 Vision of Peirs Plouhman, p. 80. Whitaker’s edit. Lond. 1813, 4to. s New Testament, translated by Wiclif, p. 196. Baber's edit. Lond. 1810, 4to. * Johnson’s Hist- of the English Language, prefixed to his Dictionary. * Canterbury Tales of Chaucer, vol. iv. p. 106. Lond. 1773, 5 vols. 8vo. ENGLISH LANGUAGE. 41 Whanne that April with bis shoures spte The dfbughte of Mafth hath pierced to the rote, And bathed every veine in swiche licour, Of whiche vcrtne engendred is the flour; Whan Zephirus eke with his sote brethe Enspired hath in every holt and hethe The tendre croppes, and the yonge sonne Hath in the Ram his halfe cours yronne, And smale foules maken melodic, That slepen alle night with open eye, So priketh hem nature in hir corages ; . Than longen folk to gon on pilgrimages, And palmeres for to seken strange strondes. To serve hialwes couthe in sondry londes; And specially, from every shires ende Of Englelond, to Canterbury they wende, The holy blisful martyr for to seke. That hem hath holpen whan that they were seke. In the English language, as it thus appeared in the four¬ teenth century, the Anglo-Saxon vocabulary was still pre¬ dominant, but the words had been greatly curtailed in their inflexions. This plan of simplifying the structure of speech is to be traced in other instances, where a rude or a strange race is niingled with a people who have cul¬ tivated a more complex language, bearing Jittle.or no re¬ semblance to their own. The most essential part of the vocabulary may be acquired without difficulty; but it is not so easy to become acquainted with the inflexions of nouns and verbs, or with some other niceties which be¬ long to language in its more complicated form. Many French words had now been incorporated with the Eng¬ lish language; but the compositions of this period began to be marked by an affectation of words derived immedi¬ ately from the Latin. If Chaucer did not set the exam¬ ple, he at least followed it; and when he aims at a more ornamented style, his use of such phraseology is sufficient¬ ly copious. In this respect, he was however exceeded by some of his successors, particularly Hoccleve, Lydgate, and Hawes, who inherited no portion of his strength and originality. Being deficient in taste as well as genius, they devised a verbose and languid style, interspersed with many sonorous and polysyllabic terms, with terms “ aureate and mellifluate,” which did not assimilate with their native tongue. The same false taste was at length communicated to the Scotish poets. Dr Nott has remark¬ ed that Barbour had given his countrymen a fine exam¬ ple of the simple energetic style, which resembled Chau¬ cer’s best manner, and wanted little to make it the genu¬ ine language of poetry; and that other poets of the same nation, particularly Jdmes the First and Henryson, ad¬ hered to this model of a simple diction, and affected no other ornament than what the proper use of their language supplied.1 But ultimately the false taste, which had in¬ fected the English poets, was communicated to their breth¬ ren of the north. Tl h Gower and Lydgate, whose names are very frequently mentioned with that of Chaucer, are well known to the readers of early English poetry. Thomas Hoccleve, whom his editor supposes to have been born about the year 1370, makes a more inconsiderable figure in the li¬ terary annals of that age, but seems nevertheless to claim a passing notice. He was deficient in the essential qua¬ lifications of a poet; and, in the opinion of Mr Warton, “ his chief merit seems to be, that his writings contributed to propagate and establish those improvements in our lan¬ guage which were now beginning to take place.” The greater part of the fifteenth century teas highly unfavourable to the progress of literature in England. English Tfie repeated contests for thg crown, and the civil wars Language, which they occasioned, were attended with a great waste of hyman blood, and-with that incertainty of possession; anti those reverses of fortune, which leave the mind but fttle relish for such pursuits as are chiefly calculated to gratify the taste, So,me individuals, Sir flohn Fortescue, apd a few other writers, have left favourable specimens- of prose composition ; and tfley were succeeded by others,, who made further improvements in style, j Among these we must include Sir Thomas More,. fArcfibishop Cranmer, Sir Thomas Elyot, and Roger As eh am. But from the death of Chaucer, more than a century elapsed before another writer, deserving the name of a poet, appeared, in England. This writer was Henry Howard, earl of Sur¬ rey, son and heir apparent to the duke of Norfolk, whom however he did not survive. He was beheaded in 1547, in the thirtieth year of his age. Although thus cut off before the full maturity of intellectual vigour, he lived long enough to effect some very material improvements in English poetry. The versification of preceding poets was more properly rhythmical thap metrical. Although some improvements had been introduced by Chaucer, he left the number of syllables too indefinite, and did not reach the harmony and compression, of which this noble poet after¬ wards exhibited an example. One of the changes which he introduced was the use of the heroic blank verse. Lang- land and other poets had indeed dispensed with rhyme; but their alliterative lines were constructed in a very dif¬ ferent manner. In the following sonnet, he bewails the death of another eminent poet, Sir Thomas Wyatt. Divers thy death do diversely bemoan : Some, that in presence of thy Ifvelihed Lurked, whose breasts envy with hate hud swoln. Yield Caesar’s tears upon Pompeius’ head. Some that watched with the murd’rer’s knife, With eager thirst to drink thy guiltless blood, Whose practice brake by happy end, of life, Weep envious tears to hear thy fatne so good. But I, that knew what harboured 'in that head, What virtues rare were tempered in that breast, Honour the place that such a jewel bred, And kiss the ground whereas thy corpse doth rest, With vapoured eyes, from whence such streams avail As Pyramus did on Thisbe’s breast bewail. Before the clo&e of the sixteenth century, the English language had in a great measure attained that form and structure which it continues to exhibit. A great improve¬ ment of taste had been introduced by a more critical and more general study of the ancient classics. William Lilly, the famous grammarian, who had learned Greek at Rhodes, and who had afterwards acquired a polished Latinity at Rome, became the first teacher of Greek at any public school in England. This was at St Paul’s school in Lon¬ don, of which he was appointed the first master about the year 1500.2 The language soon began to be more regularly taught in the universities. At Cambridge the study of it was zealously and successfully recommended . by Smith, Cheke, and Asqham, who were themselves dis¬ tinguished by their proficiency. The elegancies of Latin style began to be better understood, and monkish barba¬ rism was gradually banished. Ascham and Haddon ac¬ quired distinction by the style of their Latin prose; and some of the verses of Leland discover a classical vein pre¬ viously unknown to his countrymen. Before the dose of the century, many of the Greek and Latin writers appear¬ ed in an English dress, and classical story, with classical •I6S .q Jf iov t9mun8 lo JiodoJI yd bamnqan no* boJEi-eulli se ^udnoin J & Nott s Dissertation on the State of English Poetry before the Sixteenth Century (n. cxc.), prefixed to the Works of Surrey and Wyatt. Lend. 1815, 2 vols. 4to. : * Warton’s Hist, of English Poetry, voL liiyjutfiftfcfl-l aid ol ho/ftoiq r9gBu unsA odt L; H vol. ix. .4v§,aiovS JbmxJ -»0I q .vi .lov ” 42 English Language. ENGLISH LANGUAGE. mythology, was rendered familiar to the common reader. In addition to the French, the Italian and Spanish lan¬ guages attracted a great degree of attention; and from aU these languages, especially the two former, many works were likewise translated. New sources of knowledge, as well as of fancy, were thus opened, and the English tongue was enriched with a more copious and variegated phraseology. Surrey and Wyatt were succeeded by poets of great genius, by Shakspeare and Spenser, as well as by many others who, though of inferior powers, were yet pos¬ sessed of a vigorous and brilliant imagination. The prose compositions of Bacon and Raleigh, partaking of the na¬ tive energy of their authors, exhibited specimens or a condensed and forcible style, to which the preceding age had never attained. During the earlier part of the seven¬ teenth century, ancient learning was assiduously cultivat¬ ed ; and men of great erudition, Selden, Gataker, and others, adorned the literary annals of their country, ihe prevailing taste of scholars had however a strong tenden¬ cy to what was scholastic, if not pedantic; and even the poets, such as Donne and Cowley, substituted the subtil- ties of metaphysical conceits, for flights of poetic fancy. Many words, derived immediately from the Latin, weie introduced by the learned writers of the period to which we now refer, A considerable number of these has been subsequently rejected, while others are incorporated in the vocabulary. In the mean time, English poetry had nearly reached its highest limits. Milton s Paradise Lost, so eminently distinguished as a work of creative genius, affords the most remarkable illustration of the compass, power, and harmony of the language. .Nor is Dryden un¬ worthy of being mentioned with this mighty master of the Emdish lyre. His powers of mind were no doubt differ¬ ent in kind and degree, but he wgs possessed of a genius truly poetical; and his prose, as well as his verse, exhibits a rich and copious vein of English phraseology. The subsequent progress of the language our narrow limits will not permit us to trace. The history of the Scotish language is involved in more obscurity. Ihe Cel¬ tic tongue is supposed to have been originally spoken in every district of this kingdom ; nor has it been found an easy task to account for the introduction of a Gothic dia¬ lect, bearing a very close affinity to Englisb. Ihat the Scotish language is merely a dialect of the English, seems indeed to be the more prevalent opinion ; and this foreign speech is supposed to have been gradually adopted by the Piets, who are at the same time described as a people of Celtic origin. The ancient history of every race of men which is possessed of no ancient records, and which has not attracted much attention from more enlightened nations, must ever be involved in doubt and incertainty. In the present instance, vve have little to guide our en¬ quiries, besides a few scattered and contradictory notices, added to the ordinary and well-ascertained progress of human speech. When other records fail, the histoiy .of a nation may sometimes be traced in the history of its language; and a very moderate degree of reflection will enable us to determine the probability of a Celtic people thus unlearning their native tongue, and from deliberate choice adopting another speech completely and radically different. b! ni HdfJsteJlB 1 . Dr Geddes, in a Dissertation on the Scoto-Saxon Dia¬ lect, has strenuously maintained this extraordinary opi¬ nion, which has likewise been adopted by a more recent writer, possessing no portion of his acuteness or learning. “ The names,” it is stated, “ of all the rivers, mountains, towns, villages, and castles, of any note or antiquity, from Berwick-law to Buchanness, and from Buchanness to Ar- Erg der-Sier, are all evidently Celtic. We must then e,d,erta4 suppose that the language of the Piets was a d a the Celtic • or that they were not the original inhabitants 5 the country; or, i/fine, that, after the ex,met,on of the Pictish empire, or rather its union with the Ins Scots the language of these latter universally prevailed, and effaced the very remembrance of its Gothic prede¬ cessor. The second of these suppositions is contrary to history ; the third is belied by experience; the first then is the only one that is founded in probability. Plus ob¬ servation with respect to the prevalence ot Celtic names, though too strongly stated, is not without foundation. We may therefore admit that the south of Scotland was at some remote period inhabited by a Celtic people ; but it is not a necessary inference that this people must be identified with the Piets. Whatever hypothesis may be adopted, it is not denied that many Celtic names of places have been retained where the inhabitants have long ceased to speak any dialect of the Celtic language. It may very easily be conjectured that this primitive race of Celts was finally supplanted by new settlers : and that those settlers, whether Scandinavians or some other Gothic tribe, adopt¬ ed many of the names which the original inhabitants bad applied to mountains, rivers, and other conspicuous ob¬ jects. That a similar process has been followed in innu¬ merable instances, must be obvious to every person ac¬ quainted with the history of European settlements in other quarters of the globe: the native appellations are almost always retained to a certain extent, and are mingled with other names, borrowed from the language of the co¬ lonists. . . If we should suppose the Piets to have been a Celtic people, a very bard problem will remain to be solved;— by what extraordinary means could a distinct race ol men, placed in such circumstances, be induced to reject one lan¬ guage, and to adopt another ? This radical and unprece- dented change Dr Geddes is disposed to ascribe to the operation of such causes as the following; to the tempo¬ rary subjection of the southern provinces of Scotland by the Northumbrians ; to the immense number of captives seized during the ancient wars with the English ; to the planting of English garrisons in several of the Scotish towns ; to the amicable intercourse of the Piets with the English ; and, finally, to the influence of Malcolm Can- more’s courtiers, whom he supposes to have learned the English language from Queen Margaret, and her re¬ tinue. But it may without temerity be affirmed that, in the entire annals of the human race, such an effect was never produced by such causes. In a more refined state of society, the love of knowledge, the hope ol gain, or the influence of fashion, may induce many individuals to be¬ take themselves to the acquisition of foreign languages; but the great body of the people will ever be disposed to rest perfectly satisfied with the speech, whether rude or cultivated, which they have derived from their parents. It is only by some great revolution, by a total conquest, or by an overwhelming extent of colonization, that the current language of a country can be materially changed. After the Norman conquest, when French became the language of the court and of the law, and when Norman barons were planted in almost every corner ot England, did the combined operation of such causes eradicate the old, and establish a new language in its place ? Many new words were unquestionably introduced, but these were merely engrafted on the old stock of the Anglo-Saxon. “ Had the Saxon,” as Dr Jamieson well observes, “ found 1 Transactions of the Society of the Antiquaries of Scotland, vol. i. p. 408. ENG English its way into Scotland in the manner supposed, it would anguage. necessarily have been superinduced on the Gaelic. This has always been the case, where one language prevailed over another; unless the people who spoke the original language were either completely or nearly exterminated. Thus was the Norman gradually incorporated with the Saxon, as the Frankish had been with the Latinized Cel¬ tic of France. But the number of Gaelic words to be found in what is called Broad Scots bears a very small proportion to the body of the language.”1 And this soli¬ tary fact is indeed sufficient to evince that the inhabitants of the south of Scotland cannot be sprung from Celtic ancestors. Dr Geddes has ventured to specify the reign of Malcolm the Third, which commenced in the year 1057, as the period of a general denization of the Saxon tongue in Scotland. “ That monarch,” he remarks, “ had been bred in England, and married an English princess. Her retinue were all English. English, in consequence, would become the language of the court. The courtiers would carry it to their respective homes ; their domestics would be ambitious to speak the language of their masters ; and thus it would be gradually introduced into' every fa¬ shionable circle.”2 But to introduce a language into every fashionable circle, is somewhat different from rendering it the current speech of the people : French has long been the court language, and the language of fashionable circles in England, and yet the great body of the people still per¬ sist in speaking English. The insuperable difficulty of accounting for such a tran¬ sition as has thus been supposed, a transition from a Cel¬ tic to a Gothic dialect, renders the conclusion obvious and unavoidable, that the Gothic speech of Scotland was de¬ rived from a Gothic race of ancestors. Nor is this con¬ clusion altogether free from difficulties, though they are of very inferior weight to those which are to be deposited in the opposite scale. It is the opinion of a late writer, who has investigated the subject with much ability, that the Piets emigrated from Scandinavia ;3 and, according to this opinion, the Piets and Saxons must have spoken two dialects of the same original tongue. The history of these kindred dialects may be illustrated from that of some others, derived from the same Gothic origin. The Llandic, Swedish, and Danish languages are all descend¬ ed from the ancient Scandinavian. Island, which, as the learned Bishop Muller has remarked, is entitled to parti¬ cular attention as the foster-mother of northern history,4 was peopled by a colony of Norwegians in the year 874. ENG 43 This race of men, confined to a remote island, and main- Engrailed, taining but little intercourse, either of peace or war, with other nations, has preserved its ancient language with singular purity.5 * The Swedes and Danes, more extensive¬ ly engaged in the pursuits of commerce, and more close¬ ly connected with the rest of mankind, have exhibited a different progress : but while both languages have reced¬ ed very widely from the Islandic, they l\ave not receded very widely from each other; a similar state of society, similar relations with other countries, and the study of the same foreign authors, have produced corresponding changes in both. In the history of these two languages, we do not find a complete parallel with that of the Scotish and English: the Swedish and Danish are both dialects of the ancient Scandinavian, while the Scqtish is deriv¬ ed from the Scandinavian, and the English from the an¬ cient German. But the Scandinavian and the German proceeded from the same common stock; and when we ascend to a period sufficiently remote, they are only to be regarded as dialects of the same language. It is not to be concealed that Barbour, Winton, Henry the Minstrel, and other early poets of Scotland, have de¬ scribed their native language as English.0 This applica¬ tion of the name has been explained, with at least some degree of plausibility, by referring to the circumstance of the Gaelic being then denominated the Scotish lan¬ guage.7 A Celtic and a Gothic dialept could not well be described by the same term ; and “ when, by a necessary contingency, the Gothic language had in the same space, though in different nations, retained much the same hues, the name of that dialect, which was spoken by the greater and politer people, was imparted to the other, inhabiting a contiguous part of the very same island.”8 Mr Pinker¬ ton is less fortunate in another suggestion ; namely, that it is not more strange to perceive that the Italian, French, and Spanish languages were originally termed Romance. They were all described by this common name, because they were all derived from the language of the Romans ; but we are not inclined to believe that the Scotish and the English tongues stand in precisely the same relation to each other. (x.) ENGRAFTING, in Gardening. See Horticulture. ENGRAILED, or Ingrailed, in Heraldry, a term de¬ rived from the French gresle, hail; and signifying a thing the hail has fallen upon and broken off the edges, leaving them ragged, or with half rounds, or semicircles, struck out of their edges. > 1 Jamieson’s Dissertation on the Origin of the Scottish Language (p. 21), prefixed to his Dictionary. “ Verstegan reasons in nearly the same manner. (Restitvtion cf decayed Intelligence, p. 180. Antwerp, 1605, 4to.) See like¬ wise the preface to Dr Wallis’s Grammatica Linguae Anglicanae, p. xxii. and Mr Boucher’s Introduction to his Glossary of Obsolete and Provincial Words, p. li. 3 Pinkerton’s Enquiry into the History of Scotland, vc>l. i. p. 168. Lond- 1789, 2 vols. 8vo.—"Mr Roberts inclines to the same opinion : “ The Piets, or more properly Phichts, probably a colony of Scandinavians, originally from Scythia, as they are said to have come over the northern sea. Triad 7-” (Sketch of the Early History of the Cymry, or Ancient Britons, p. 125. Lond. 1803, 8vo.) Professor Magnusen, who has more recently investigated the origin of the Piets, bestows sufficient commendation on Mr Pinkerton’s learning and research, and to a certain extent is disposed to adopt his leading opinion ; but at the same time he declares himself unable to approve of all the arguments by which it is supported, especially' of those which rest upon erroneous inter¬ pretations of Scandinavian words and antiquities ; nor does he fail to express his disapprobation of this writer’s unseasonable invec¬ tives against the Celts. (Om Picternesog deres Navns Oprindelse, S. 56. Kibbenhavn, 1817, 8vo.) * Miiller’s Sagabibliothek, Bind i. S. 4. Kibbenhavn, 1817-20, 3 Bind. 8vo. ^ ‘ , J 4 Dr Sharpe has well stated that “war, invasion, conquest, treaties, intercourse with different nations, commerce, colonies, rise of arts, logical refinements, controversies, time or age, and the humours of a people, are all causes of alteration in language.” (Two Dissertations, upon the Origin of Languages, and upon the original Powers of Letters, p. 35. edit. Lond. 17^1, 8vo.) * Barbour’s Bruce, p. 82. Winton’s Cronykil, vol. i-p. 4. Henry’p Wallace, p. 231. 7 “ Duobus enim utuntur linguis, Scotica videlicet, et Teutonica, cujus linguae gens maritimaspossidet et planas regiones : linguae vero gens Scoticae montanas inhabitat, et insulas ulteriores.” (Forduni Scotichronicon, vol. i. p. 44. edit. Goodall.) 8 Pinkerton’s Essay on the Origin of Scotish Poetry (p. Ixxi.), prefixed to Ancient Scotish Poems. Lond. 178fb 2 vols. 8vo. 44 ENGRAVING. Engraving. Engraving is the art of cutting metals and precious 'w-Y-w' stones, and representing thereon figures, letters, or what¬ ever device or design the artist chuses. _ Engraving being properly a branch of sculpture, is di¬ vided into several other branches, according to the matter on which it is employed, and the manner in which it is performed. For the method of Engraving on Wood, see Wood, Engraving on. Engraving on Copper is the making, conformably to some delineated figure or design, such concave lines on a smooth surface of copper, either by cutting or corrosion, as render it capable, when charged properly with any co¬ loured fluid, of imparting by compression, to paper or any similar substance, an exact representation of the figuie or design. . , Whether we consider the art of engraving, with regaid to the utility and pleasure it affords, or the difficulty which attends its execution, we cannot but confess, that on every account it deserves a distinguished rank amongst the polite arts. It is by means of this art that the cabinets of the curious are adorned with the portraits of the greatest men of all ages and all nations. It is by this art also that the paintings of the greatest masters are multiplied, and that the lov ers of the polite arts are enabled to enjoy those beauties from which their distant situations seemed to have for ever debarred them ; and persons of model ate fortune are thereby enabled to become possessed of all the spirit, and all the poetry, contained in those miracles of art, which seemed to have been reserved for the temples of Italy or the cabinets of princes. When we reflect, moreover, that the engraver, besides the beauties of poe¬ tical composition, and the artful ordinance of design, has to express, merely by the means of light and shade, all the various tints of colour and clear obscure,—to give a re¬ lief to each figure, and a truth to each object; that he has now to represent a sky serene and bright, and then one loaded with dark clouds,—now the pure tranquil stream, and then the foaming sea tempest-driven ; that here he has to express the character of the man, strongly marked in his countenance, and there the minutest ornament ot his dress; in a word, that he has to represent all, even the most difficult objects in nature ;—we cannot sufficient¬ ly admire the vast improvements in this art, and that de¬ gree of perfection to which it has at this day arrived. See the article Prints. Engraving is an art which for the most part is of mo¬ dern invention, having taken its rise no earlier than the middle of the fourteenth or fifteenth century. The an¬ cients, it is true, practised engraving on .precious stones and crystals with very good success; and there are still many of their works remaining, equal to any production of later times. But the art of engraving on plates and blocks of wood, in order to afford prints or impressions, was not known till after the invention of painting in oil. The different modes of engraving are the following: 1. In strokes cut through a thin wax, called etching ground, laid upon the copper, with a point, and these strokes bitten or corroded into the copper with aquafortis. This is called etching. 2. In strokes with the graver alone, unassisted by aqua¬ fortis. In this instance, the design is traced with a sharp tool, called a dry point, upon the plate; and the strokes are cut or ploughed upon the copper with an instrument of an angular form, distinguished by the name of z. graver. 3. In strokes first etched and afterwards finished with the graver. By this expedient the two former methods £ngra,. 4. In dots without strokes, which are executed with the point upon the wax or etching ground, bitten in with the aquafortis, and afterwards harmonized with the graver, by means of which instrument small dots are made, or with the graver alone, as in the flesh and finer parts, unassist¬ ed with the point. . . , 5. In dots first etched and afterwards harmonized with the dry point, performed by a little hammer ; called opus mallei, or the work of the hammer, as practised by Lutma and others. j , u u 6. In mezzotinto, which is performed by a dark barb or ground being raised uniformly upon the plate by means ot a toothed tool. The design being traced upon the plate, the light parts are scraped otf by instruments for that purpose, in proportion as the effect requires. 7. In aquatinta, a newly-invented method of engraving, in which the outline is first etched, and afterwards a sort of wash laid by the aquafortis upon the plate, resembling drawings in Indian ink, bister, &c. See AciUATiNrA. 8. On wood, consisting of a single block, on which the design is traced with a pen, and those parts which should be white carefully hollowed out. This block is afterwards printed by the letter-press printers, in the same manner as a book is printed. 9. On wood, consisting of two, three, or more blocks, the first having the outlines cut upon it, the second being reserved for the darker shadows, and the third for the shadows which terminate upon the lights; and these are substituted in their turn, each print receiving an impres¬ sion from every block. This mode of engraving is called chiaroscuro, and was designed to represent the draw ings of the old masters. 10. On wood and on copper. In these the outline is engraved in a bold dark style upon the copper; and two or more blocks ot wrood are substituted to produce the darker and lighter shadows as before. Of all those modes of engraving, the most ancient is that on wood ; or, to speak more properly, the first impres¬ sions on paper were taken from carved wooden blocks. From this invention it appears that we are indebted to the brief-malers, or makers of playing-cards, who practised the art in Germany about the beginning of the fifteenth cen¬ tury. From the same source may perhaps be traced the first idea of moveable types, which appeared not many years afterwards; for these briet-malers did not entirely confine themselves to the printing and painting of caids, but produced also subjects of a more devout nature, many of which, taken from holy writ, are still preserved in differ¬ ent libraries in Germany, with the explanatory text facing the figures, and the whole engraved in wood. In this man¬ ner they even formed a species of books ; such as Historia sancti Johannis, ejusque Visionis Apocalypticce, and Histo¬ ria Veteris et Novi Testamenti, known by the name of Poor Mans Bible. These short mementos were printed only on one side; and two of them being pasted together, had the appearance of a single leaf. The earliest date on any of these wooden cuts is 1423, and the subject is St Chris¬ topher carrying the Infant Jesus over the Sea, preserved in a convent at Buxheim near Menningen. It is of a folio size, illuminated in the same manner as the playing cards; and at the bottom is the inscription, Christoferi faciem die quacunque tueris. Ilia nempe die morte mala non morieris. Millesimo CCCC0 XX° tertio. ENGRAVING. raving- Upon the invention of moveable types, that branch of -w the brief-maler’s business, as far as it regarded the making of books, was gradually discontinued; but the art itself of engraving on wood continued in an improving state ; and towards the end of the fifteenth and the beginning of the sixteenth century, it became customary for almost every one of the German engravers on copper to engrave on wood also, as may be seen from the first printed books, in which the initial letters were for the most part highly ornamented with various appropriate devices. The works of Albert Durer in this style of engraving are justly held in the highest esteem. Italy, France, and Holland have produced many capital artists of this description ; but, for boldness and spirit, the palm must be given to the prints of Christopher Jegher, who worked under the direction of Rubens, and was without doubt assisted by that great master. The invention of that species of engraving which is dis¬ tinguished by the appellation of chiaroscuro is also claim¬ ed by the Germans, and seems to have been first practised by Mair, one of whose prints of this kind is dated 1499. Many excellent works in chiaro-scuro have also been pro¬ duced in France; and in Italy it was honoured with the performances of Titian and Parmegiano; but the attempts of Jackson, Kirkall, and others in England, have not been equally successful. Since these times, which maybe call¬ ed the infancy of wood engraving, the art has been car¬ ried to very great perfection in Britain; and the present day may boast of higher attainments in this branch than were reached at any former period. In Germany, about the year 1450, prints from engraved copper first made their appearance. The earliest date of a copperplate print indeed is only the year 1461; but how¬ ever faulty this print may be with respect to the drawing, and however defective in point of taste, the mechanical part of the execution has by no means the appearance of being one of the first productions of the graver. We have also several other engravings, evidently the work of the same master, in which the impressions are so neatly taken from the plates, and the engravings so clearly printed in every part, that according to all appearance they could not be executed in a much better manner at the present day, with all the conveniences which the copperplate printers now possess, and the additional knowledge they must ne¬ cessarily have acquired in the course of more*than three centuries. Hence we may fairly conclude, that if these were not the first specimens of the engraver’s workman¬ ship, much less were they the first efforts of the copper¬ plate printer’s ability. It is likewise to be observed, that Martin Schoen, who is said, with great appearance of truth, to have worked from 1460 to 1486, was apparently the scholar of Stoltzhirs ; for he followed the style of the latter in engraving, and copied from him a set of prints representing the passion of our Saviour. Now, allowing Stoltzhirs to have preceded his disciple only ten years, this carries the era of the art back to 1450, as was stated above. But there is no ground to suppose that it was known to the Italians till at least ten years afterwards. The earliest prints which are known to be theirs are a set of the seven planets, and an almanack by way of frontis¬ piece, on which are directions for finding Easter from the year 1465 to 1517 inclusive; and we may be well assured that the engravings were not antedated, for the almanack of course became less and less valuable every year. In all probability, therefore, these prints must have been executed in the year 1464, which is only four years later than the Italians themselves lay any claim to. The three earliest Italian engravers are, Finiguerra, Boticelli, and Baldini. But if we were to refer these prints to any of the three, we should naturally conclude them to be the 45 work of Finiguerra or Baldini; for they are not equal Engraving, either in drawing or composition to those ascribed to Bo- ticelli, which we know at least were designed by that ar¬ tist ; and as Baldini is expressly said to have worked from the designs of Boticelli, it appears most probable that they belong to Finiguerra. With respect to the invention of etching, it is not well known to whom it ought to be ascribed. One of the ear¬ liest specimens is the print by Albert Durer, known by the name of the Canon, dated 1518, and thought by some, with little foundation, to have been worked on a plate of iron. Another etching by the same artist is Moses receiv¬ ing the Tables of the Law, dated 1524. Etching was also practised in Italy soon after this by Parmegiano, in whose productions we discover the hand of the artist working out a system as it were from his own imagination, and striving to produce the forms which he wanted to express. We see the difficulty he laboured under; and, from the exami¬ nation of the mechanical part of the execution of his works, we cannot doubt that he had no instruction, and that it was something entirely new to him. If the story be true that he kept an engraver by profession in his house, the novelty of the art is rendered so much the more probable. He died in 1540. The art of engraving by corrosion, or what is called etching, with aquafortis, must have very early suggested itself to the discoverers of copperplate printing; for it seems to have been the method used by the manufactur¬ ers of warlike implements in their decorations of sword- blades and the like: and thus the same artists would soon perceive the facilities afforded by a mode at once easy and expeditious when applied to higher branches, such as the copies of pictures and works of art in general. As to that species of engraving in which the modes of etching and cutting with the graver are united, it must have been found necessary immediately upon the inven¬ tion of etching: it was, however, first carried to perfec¬ tion by Audran, and is now almost universally practised, whether the work is in strokes or in dots. Engraving in dots is a very old invention, and attribut¬ able to the Italians. Agostina de Musis, commonly call¬ ed Augustin of Venice, a pupil of Marco Antonio, used it in several of his earliest works, but confined it to the flesh, as in the undated print of An Old Man seated upon a Bank, with a cottage in the background. He flourished from 1509 to 1536. We also find an example of this me¬ thod in a print of “ A single figure standing, holding a cup and looking upwards,” by Giulio Campagnola, who engrav¬ ed about the year 1516. The background is executed with round dots, made apparently with a dry point; the figure is outlined with a stroke deeply engraved, and finished with dots, in a manner greatly resembling those prints which Demarteau engraved at Paris in imitation of red chalk; and the hair and beard are expressed by strokes. Stephen de Laulne, a native of Germany, followed the steps of Campagnola; and many of his slight works are executed in dots only. Jean Boulanger, a French artist, who flourished in the middle of the last century, and his contemporary Nicholas van Plattenberg, improved greatly on this method, and practised it with much success. It is only, however, of late that it has been considered as an object worthy of general imitation. John Lutma execut¬ ed this kind of work with a hammer and a small punch or chisel. The method of engraving in mezzotinto was invented about the middle of the seventeenth century; and the in¬ vention has generally been attributed to Prince Rupert. See Mezzotinto. Of the method of engraving in aquatinta an account has already been given under that word. (See Aquatinta.) 46 engraving. hpinff the most precarious part of the pro-Engnvi Engraving. But it appears to us not out of place t0 Flv.e information cess requires the greatest experience. When it is sup- v' general directions; and for more particular information the aquafortis has remained on the plate for the article already mentioned may be consu e . J.uc]) a ieno.th 0f time that when the impression is taken Engraving in aquatinta was originally inve > ... j t]ie lio-htest shade in the drawing, it is Prince, a French artist. For a long time however, his Foduce the l^htes process was kept secret; and his Prints’ 11 i > P iightest tints are t^en stopped out, and the aquafortis is at first sold for drawings As a proof that the ai rose i ne u *ue p^ss is repeated as often as at once to perfection, as has already been rnent.oned^the again P^red ^n, a^d ^ ^ ^ ^ prints which were executed by him are s Manv nhtes are entirely etched in this way, by alter- be the finest and best specimens of the art It appears, na^toCng out and biting in. It is, however! found however, that he was only acquainted wit i ie pou ^ extremely difficult, and indeed impossible, to pro¬ grain, and the common method of stopping . d e impressions of minute and complicated objects with who practised this art in England was Mr Paul Sandb). ^^1^ £ of delicacy andl freedom. To obvi- By him, we are informed, it was commun t t^- difficulty another process has been proposed, by Jukes, whose works afford excellent exam^es of the ^r- ^ the touches are laid on the plate with equal ease fection ,o which the art has been oamedi ^d although “ , ‘ made with Indian ink. Fine it is now generally pract.sed all »''CT E^op6, yet n no ^ ex|edt«on as or and di. country is this done with greater success than m Britain, wasne r&in the that it may WOrk freely. The principle of this process cons^ts imcorio ing 1 covered with the aquatint ground, copper in such a draw- in the same way a^ ink upon the drawing/ When this is hibits the appeal ance of at ‘ I .] ’ • drv tfie wh0le of the plate is varnished over with a thin ing in Indian ink. Hus - bF ^m^lm diy tbe^ ^ P ^ when this is dry the copper with some substance whm ass^ w Sthe *rt;_ a uPafortis is p0ured on. The varnish immediately breaks form, and prevents the acid .rom a , » - 1 , } ^ jn tfi0Se parts of the plate where the treacle mixture The moreemfnutfthe SSs1 ore, it is obvious the inv was laid, and thus they are exposed to the action of the ^ si! froTtt p^wiU more -ly .esemble at.sh acid, arej^r granulationjbecomes more (Hstinct. The powder or granulation is called the aqmtmta gram, and p ^ ^ complete,y bit the bordering ‘’“Tlfe'process for using the powdered grain, which was wax is removed, by gently heating it with a piece of light- first emno^d is the following. The outline being etch- ed paper. It is then cleared from the ground and var- ed on a copyper.plate! some substance, which easily melts nisi, by means of oil of turpentine; and being wiped clean with heat adheres to the plate when cold, and resists the with a rag, it is leady for the printe • , , ^tion of^tlm aqimfortis, Is to be finely powdered and sift- But in this method of aquatint,ng it is found d.fficu o ed Besides asnhaltum, rosin, and gum sandaric, the sub- produce the necessary degree of coarseness or fineness in stance^whffilMiave been mentioned in the article already the grain ; and plates which are engraved m^thi^manner referred to, Burgundy pitch, gum copal, gum mastic, as well as some other resins and gum resins, may be employed. Gum copal, it is observed, produces a grain which resists the aquafortis extremely well. Whatever the substance be which is to be employed, the great object of the artist in its application is, to have it equally distributed over the plate. This is an essential part of the operation, and afford but a small number of impressions before they are worn out. On this account it is now more rarely.followed. The other method of producing the aquatint ground, which is most generally adopted, is the following. A re¬ sinous substance, as common resin, Burgundy pitch, or mastic, is dissolved in spirits of wine, ibis solution is poured all over the plate, which is inclined, till the whole requires considerable attention.* The usual method is to of the superfluous fluid is drained off, and what adheres to tmup a quantity of the powder in a piece of muslin, and the plate becomes quite dry m a tew mumtes. The p ate to stnke it against a stick held at a considerable height being then examined with a magnifying glass, it will ap- above the nhTte. Thus managed, the powder settles equal- pear that the whole of the spirit having evaporated, the ]y over it. The plate being thus covered equally with the resinous matter is left in a granulated state, or is crack- d^st or powder,Pthe latter is to be fixed uPo/ it by the ed in every direction, and adheres strongly to the cop- application of a gentle heat, to melt the particles- This per In this way a regular and beaat^ul, Sr^in/S eaS'^ is usually done by holding lighted pieces of paper rolled produced, which will be found preferable, at least fo up, and moving them about till the whole of the powder most purposes, to that which is produced by the former is melted, which is known by its changing to a brown co- method. rIhe grain being thus formed, the other parts lour. It is now allowed to cool, and after being examin- of the process are conducted in the same manner as De¬ ed with a magnifying glass, if the particles appear to be fore described. _ ... uniformly distributed, the artist proceeds to the next part Such are the usual methods of conducting this process, of the process. ! * m We shall add a few hints which may be found useful Those parts of the design or drawing to be engraved, respecting the different parts of it. \V ith regard to the which are perfectly white, are to be observed and marked, materials which are employed, it is to be observed that and the corresponding parts of the plate must be covered or stopped out. This is best done by means of mastic varnish, dilated to such a consistence with turpentine as to work freely with the hair pencil. To give it colour, lamp- the spirits of wine should be rectified, and of the very best quality. Resinous matters, as common resin, Burgundy pitch, and gum mastic, yield grains of a different appear¬ ance and form ; so that advantage may be taken of this to work treeiy wiui me nair pencil, i ogive n uumui, iciujjj- anec emu iw.m, ou —j ~~ black should be mixed with it, in order that the touches of circumstance by using them sometimes separately, and the pencil may be distinctly seen. When those parts of the sometimes mixed in different proportions, according to plate which are stopped out are sufficiently dry, a border the views and taste of the artist. Different proportions of wax is raised round the plate, in the same manner as of resin may be employed to produce grains of different in etching, and the aquafortis, diluted with water, is pour- kinds. When a coarse grain is intended, a greater propor- ENGRAVING. 47 aving.tion is to be employed ; and when a fine grain is wanted, of execution, however, and facility in acquiring the prac- Engraving, a smaller proportion of resin only is required. The pro- tice of the art, are followed with the unfortunate circum- 'V>-/ per proportions may be ascertained by providing a num- stance, that they favour the production of an indiscrimi- ber of spare pieces of copper; on these the liquid may nate multitude of prints, which, it is to be feared, may be poured, and the grain examined, before it is applied to rather tend to vitiate than improve the public taste, the plate which is to be engraved. After the solution is Engraving with the tool was the kind originally prac- made, it should remain undisturbed for a day or two, till tised, and it is yet retained for many purposes, bor the impurities of the resin have subsided, and the liquid though the manoeuvre of etching be more easy, and other becomes quite limpid. This is the best method of free- advantages attend it, yet where great regularity and ex- ing it from impurities; for if it be strained through linen actness of the stroke or lines are required, the working or muslin, it is mixed with hairs, which are extremely in- with the graver is much more effectual; on which ac- jurious to the grain. It may be added, that the apart- count it is more suitable to the precision necessary in ment in which the fluid is poured on the plate should be the execution of portraits, as there every thing the most perfectly still, and entirely free from dust; for if any fall minute must be made out and expressed, according to on the plate while it is wet, the grain forms a white spot, the original subject, without any license to the fancy of the designer in deviating from it, or varying the effect which cannot be removed. Great care should be observ¬ ed in cleaning the plate before the ground is laid on. This is done with a bit of rag and whitening. The small¬ est stain or particle of grease produces a streak or blem¬ ish in the grain. Still, however, with all the attention which can be employed, and with the utmost delicacy in the management, it is necessary to observe that the pro¬ cess is extremely precarious and uncertain ; and even the most experienced artists find themselves frequently sub¬ ject to very unaccountable accidents. Artists have frequently complained of the inconvenience arising from the fumes which proceed from the action of the acid upon the copper when the plate is large. To re¬ medy this inconvenience, the following arrangement, which seems well calculated to answer the purpose, was sug¬ gested by Mr Cornelius Varley, ah artist who distin¬ guished himself no less by his mechanical abilities than by the exquisite productions of his pencil in water co¬ lours : “ Get a frame made of common deal, or any kind of wood, three or four inches deep, covered with a plate of glass, and open at one side ; and let the side opposite to this have a round opening, communicating by means of a common iron pipe with the ash-pit of any little stove or other fire-place, shut up from all other access of air but what must pass through the pipe. It is obvious that any fumes rising from a copper-plate laid under such a frame will be carried backward into the iron pipe by the cur¬ rent of air required to maintain combustion in the stove, either by that masterly negligence and simplicity in some parts, or those bold sallies of the imagination and hand in others, which give spirit and force to history painting. The principal instruments used in engraving with the tool are* gravers, scrapers, a burnisher, an oil-stone, and a cushion for bearing the plates. Gravers are made in several forms with respect to the points, some being square, others lozenge ; the square graver being designed for cutting broad and deep, and the lozenge for more delicate and fine strokes and hatches. The most generally useful are those of a form between the square and lozenge; and they should be of a good length, small towards the point, but stronger upwards, that they may have strength enough to bear any stress which there may be occasion to lay upon them ; for if they be too small and mounted high, they will bend, which fre¬ quently causes their breaking, especially if they be not employed for very small subjects. The burnisher is used to assist in the engraving on some occasions, as well as to polish the plates. It is made of tine steel well polished. The burnisher is sometimes formed at one end, and a scraper on the other, each about an inch and a half long from the point; between them about four inches of the instrument is made round, and serves as a handle, and is thicker in the middle than at the necks, where the burnisher and scraper begin, which necks are only a quarter of an inch in diameter; The and will by this means be carried up the chimney, in place principal application of the burnisher in engraving, besides of being allowed to fly about in the apartment. The pipe may be very conveniently used by carrying it down through the table to the floor, and so along to the place where the chimney may chance to stand; and when the frame is not wanted, the pipe at one of the joinings may be made to answer the purpose of a hinge, by which to turn up the frame against the wall, where it may be secured, while out of use, by a button or any other con¬ trivance.”1 idcioTj'iq ha/iuT id ffi-w iloidw .bsaubotci its use in polishing the plates, is to tone and harmonise the work, and to take out any scratches or accidental de¬ facings that may happen to the plates during the engrav¬ ing ; or to lessen the effect of any parts that may be too strongly marked in the work, and require to be taken down. A cushion, as it is called, is likewise sometimes used for supporting the plate in such a manner that it may be turned every way with ease. It is a bag of leather tilled with sand, and should be of the size which will best suit This method of engraving in aquatinta seems to be the plates it is intended to bear. Cushions are round, chiefly adapted for slight subjects in general, and for imita- and about nine inches over, and three inches in thickness, tions of sketches and washed drawings. But for the pro- The cushion, made as above directed, being laid on the duption of prints from finished pictures it is by no means table, the plate must be put upon it; and the graver being calculated, because it is not susceptible of that accuracy held in the hand in a proper manlier, the point must be in the nice management of the tints which is necessary for this purpose. It is equally unsuitable for book plates, because, without retouching the plates, the number of impressions which can be thrown off is very small. On applied to the plate, and moved in the proper direction for producing the figures of the lines intended; observ¬ ing, in forming lines, to hold the plate steady on the cushion, and where they are to be finer, to press more these accounts, therefore, it is to be considered as greatly lightly, using greater force where they are to be broader inferior to the other modes of engraving. But as it is more expeditious,and may be attained with greater facility, it is undoubtedly useful when it is confined to those sub¬ jects for which it is peculiarly calculated. This rapidity 1 < m jao; hiCI .j-iJiji oflj ffo olfeEi him gv/oiv aril i and deeper. In making circular or other curve lines, hold your hand and graver steadily; and as you work, turn your plate upon the cushion against your graver, otherwise it will be impossible for you to make any circu- Philoscrphical Magazine^ vol. xxiii. p. 137. — iijio’lani dole 48 ENGRAVING Engraving, lar or curved line with that neatness and command of hand which by this means may be acquired. After part of the work is engraved, it is necessary to scrape it with the scraper or graver, passed in the most level direction over the plate, to take off the barb or roughness formed by the cutting of the graver; but great care must be taken not to incline the edge of the scraper or tool in such a manner that it may take the least hold of the copper, as it would otherwise produce scratches in the engraving ; and, that the engraved work may be rendered more visible, it may afterwards be rubbed over with a roll of felt dipped in oil. In using the graver it is necessary to carry it as le¬ vel as possible with the surface of the plate ; for otherwise, if the fingers slip betwixt them, the line that will be pro¬ duced, whether curved or straight, will become deeper and deeper in the progress of its formation, which entirely prevents strokes being made at one cut that will be fine at their extremities and larger in the middle, and occa¬ sions the necessity of retouching, to bring them to that state. For this reason it is very necessary for those who would learn to engrave in perfection, to endeavour, by Engravinj frequent trials, to acquire the habit of making such strokes, " both straight and curved, by lightening or sinking the graver with the hand, according to the particular occa¬ sion. If, after finishing the design, any scratches appear, or any part of the engraving be falsely executed, such scratches or faulty parts must be taken out by the but1- nietipr. and further nolished, if necessary, by the above- mentioned roll. The dry point, or needle, which has been of late much used in engraving, is a tool like an etching point, which being drawn hard on the copper, cuts a stroke and raises a burr; the burr is scraped olf, and there remains a stroke more soft and delicate than can be produced in any other way. Although the instruments for the use of the engraver above enumerated and described are very simple, yet we have thought it advisable to subjoin the following figures illustrative of their forms, and about half the dimen¬ sions of those employed. The plate is covered with etching ground in the follow- ing manner • Heat it upon a stove or otherwise till it melt the ground in the silk bag, fig. 5, which must be spread equally over the surface of the copper by means of the dabber, fig. 6. The ground is then to be moderately smoked all over, with a candle, and when the plate is cold it is ready for use. Etching ground is composed of virgin wax and asphaltum each two'ounces, and of black and Burgundy pitch each half an ounce. Melt the wax and pitch in a new-glazed earthen pot, and add to them by degrees the asphaltum finely powdered ; boil the whole until such time as, by taking a drop upon a plate, it will break when it is cold, on bending it double three or four times between the fin¬ gers. The grqund, being sufficiently boiled, must be taken off* the fire, arid, being allowed to cool a little, must be poured into warm water if the weather be cold, or cold water if the contrary, in order that it may be the more easily worked With the hands; for it should be prilled along time, to mix the ingredients more completely, when it may be divided into small balls for use. The fire must be moderate, for fear of burning the ground ; and the ingrej dients must be stirred during the whole time of prepara¬ tion, particularly when the asphaltum is being put in. Wax for surrounding the plate in the process of biting in with aquafortis is made of one pound of Burgundy pitch or black pitch, and of bees’ wax half a pound, melt¬ ed over a slow fire. When meltrid, add about a gill of sweet oil, and when moderately hot, pour the whole into water, pull it well, and fashion it into balls for use. In the conduct of the graver and dry point consists the whole art, for which there are no rules to be given, all depending on the habitude, disposition, and genius of the artist. However, besides the explanations already given, some general observations arid directions may not be im¬ proper. As the principles of engraving are the same with those of painting, a person cannot expect to attain any considerable degree of perfection in this art who is n ENG RAY IN G. 49 Ef-aving.not a good master of design ; and therefore he ought to be we]l acquainted with both perspective and drawing in general ; for, by the proper degradations of strong and faint colours, he will be enabled to throw backwards the figures and other objects of the picture or design which he proposes to imitate, and which the painter often in¬ trusts to the discretion of the engraver. In working, the strokes of the graver should never be crossed too much in a lozenge manner, particularly in the representation of flesh, because sharp angles produce the unpleasing effect of lattice-work, and take from the eye the repose which is agreeable to it in all kinds of picturesque designs; we should except the case of clouds, tempests, waves of the sea, the skins of hairy animals, or the leaves of trees, where this method of crossing may be admitted. But in avoiding the lozenge, it is not proper to get entirely into the square, which would give the work too much of the hardness of stone. In conducting the strokes, the action of the figures and of all their parts should be considered ; it should be observed how they advance towards or re¬ cede from the eye; and the graver should be guided ac¬ cording to the risings or cavities of the muscles or folds, making the strokes wider and fainter in the light, and closer and firmer in the shades. Thus the figures will not appear jagged ; and the hand should be lightened in such a manner that the outlines may be formed and ter¬ minated without being cut too hard. However, though the strokes break off where the muscle begins, yet they ought always to have a certain connection with each other, so that the first stroke may often serve by its return to make the second, which will show the freedom of the engraver. In engraving the flesh, the effect may be produced in the lighter parts and middle tints by long pecks of the graver rather than by light lines, or by round dots, or by dots a little lengthened by the graver, or, best of all, by a judi¬ cious mixture of these together. In engraving the hair and the beard, the engraver should begin his work by laying the principal lines, and sketching the chief shades, in a careless manner, or with a few strokes; after which he may finish it at leisure with finer and thinner strokes to the extremities. When archi¬ tecture or sculpture is to be represented, except it be old and ruinous buildings, the work ought not to be made very black; because, as edifices are commonly construct¬ ed either of stone or white marble, the colour, being re¬ flected on all sides, does not produce dark or brown shades, as in other substances. In engraving cloths of different kinds, linen should be done with finer and closer lines than any other sorts, and be executed with single strokes. W oollen cloth should be engraved wide, in proportion to the coarseness or fine¬ ness of the stuff, and with only two strokes; and when the strokes are crossed, the second should be smaller than the first, and the third than the second. Shining stuffs, which are generally of silk or satin, and which produce flat or broken folds, should be engraved more hard and more straight than others, with one or two strokes, as their colours are bright or brown ; and between the first strokes other smaller ones may be interlined. Velvet and plush are expressed in the same manner, and should always be in¬ terlined. Metals, as armour, &c. are also represented by interlining, or by clear single strokes. In architecture the strokes which form the rounding object should tend to the point of sight; and when whole columns occur, it is pro¬ per to produce the effect as much as possible by perpen¬ dicular strokes. If a cross stroke is put, it should be at right angles, and wider and thinner than the first stroke. 9 In engraving mountains, the strokes ought to be frequent¬ ly discontinued and broken for sharp and craggy objects ; they should be straight, in the lozenge manner, and ac- VOL. IX. companied with long points or dots; and rocks should Engraving, be represented by cross strokes more square and even. Objects which are distant towards the horizon should be kept very tender. Waters that are calm and still are best represented by strokes which are straight and parallel to the horizon, interlined with those that are finer, omitting such places as, in consequence of gleams of light, exhibit the shining appearance of water ; and the form of objects reflected from the water at a small distance upon it, or upon the banks of the water, are expressed by the same strokes, retouched more strongly or faintly as occasion may require, and even by some that are perpendicular. For agitated waters, as the waves of the sea, the first strokes should follow the figure of the waves, and may be inter¬ lined, and the cross strokes, if any, ought to be very lo¬ zenge. In cascades the strokes should follow the fall, and may be interlined. In engraving clouds, the lines should sport, when they appear thick and agitated, in turning every way, according to their form and agitation. If the clouds are dark, so that two strokes are necessary, they should be crossed more lozenge than the figures, and the second strokes should be rather wider than the first. The flat clouds which are lost insensibly in the clear sky should be made by strokes parallel to the horizon, and a little waving; if second strokes are required, they should be more or less lozenge; and when they are brought to the extremity, the hand should be so lightened that they may form no outline. The flat and clear sky is represented by parallel and straight strokes, without the least turning. In landscapes, the trees, rocks, earth, and herbage, should be etched as much as possible; nothing should be left for the graver but perfecting, softening, and strengthening. The dry point produces an effect more delicate than the graver can, and may be used to very great advantage in linen, skies, distances, ice, and often in water, especially in small engravings. In most things it is proper to etch the shadows, only leaving the lighter tints for the dry point, graver, and other instruments. Much excellence may be attained, and a great deal of time saved, by the process of rebiting, particularly in land¬ scape. This process is effected in the following manner: When all the strokes have been laid in upon the portion of any subject to be rebit, the lines upon the plate should be very carefully cleaned out with turpentine and a piece of stale bread. It is then to be heated, and the dabber, with a moderate portion of etching ground, applied dexterously to the surface, care being taken, however, not to permit the ground to sink into the lines, but only to cover the inter¬ mediate surface effectually. The aquafortis is now to be applied, and the lines bit down or corroded to the depth required. This process is, comparatively speaking, of recent invention, and was wont to be esteemed precarious and difficult in the management; but a little experience, and the great demand lor illustrated works oflate years, have been the means of rendering this, as well as other matters of detail in the engraver’s art, much more cer¬ tain. To imitate chalk drawings, a mixture of varied and ir¬ regular dots are used, made more or less soft, so as to re¬ semble the grain produced by the chalks on paper. Every stroke of the chalks on paper may be considered as an in¬ finite number of adjoining points, which are the small emi¬ nences of the grain of the paper touched by the chalk in passing over it. When the copper-plate has been proper¬ ly prepared with etching ground, as in the common me¬ thod of engraving, the drawing to be imitated may be counterproved on the ground of the plate. If this cannot be conveniently done, black-lead pencil or red chalk must be applied to varnished or oiled paper, and this chalk or pencil transmitted to the ground. The outlines of the G 50 ENGRAVING. Enetfftviflff.obiect must be formed in the etching by points, whose it is our pride to acknowledge that it has been not a little Engr in; 1 w-V'w' Magnitude and distance must be determined by the qua- beholden to the elegant etchings of the great masters in -v &ty of the strokes in the original drawing. The artist painting, as well as to their drawings in pen and ink in may be provided with pointed instruments or needles of its early stages, by which means an eminent degree ot Various sizes, with single or double points. In forming taste was introduced into the art, particularly m tile de- the light and shade, he should distinguish between those hatches which serve to express the perspective of the ob¬ ject, and those which fbrm the ground of it* The princi¬ pal hatches should be more strongly marked ; the middle tints* if etched, should be marked lightly, or they may be left till the varnish is taken oft', and be perfected with a greater degree of softness by needles, or the point of the partment of linear disposition ; amongst those, the draw¬ ing of a Raffaelle, Michel Angelo, and the learned Da Vinci, some of which we have occasionally seen and ad¬ mired. Some by Da Vinci were hatched in a square but delicate manner,' with a white fluid, on dark-coloured pa¬ per. Those of Michel Angelo and Raffaelle inclined more to the lozenge, in black or brown ink. They even There nothing carried this style of hatching with the pencil into their peculiar in the method of applying the aquafortis in this pictures, some of which adorn the Vatican ; and in the kind of engraving; but it may be observed that it should famous cartoons in his majesty sco lection by Raffaelle. not be left so long as to corrode too much the lighter Baccio Bandinelli generally hatched his lines in one di- parts. If the light parts are sufficiently corroded, they rection, particularly a Taking down from the Cross, which may be stopped up with turpentine varnish and lamp- was sold in LondonatthesaleofthelateSirJoshua Rey- black mixed together^'and the aquafortis may be applied nolds’ drawings. Vicenzio Dante hatched in a similar again to the stronger parts p for it will be no detriment way about the year 1550. Julio Romano used also to to them, if the points which compose the shade burst into draw in this style with the pen, several of which are still one another, provided the extreme be avoided. When to be found in the most select cabinets of men of taste ; the work of the aquafortis is finished, and the varnish and for near a century and a half after the invention of taken off the copper, it will be necessary in the softest etching, it is rare to mention a painter ot eminence who parts, such as the flesh, to interstipple with proper points, was distinguished in drawings, who did not annex this art as an effect will be thus produced more delicate than it is to that of painting. But with the application of the burm possible to attain with the aquafortis only ; and the strong- the art has been gradually improving till the present pe- est shades will require additional strength to be given them riod. Linear2 engraving is nothing more than drawing with small strokes of the graver. Drawings made with elegantly on copper. It became more studied as it was chalks of different colours may be imitated in this man¬ ner, if a plate be provided for every colour. This method of engraving is intended to form a kind of deception, so that the connoisseur may not be able, on the first inspec- found capable of representing the various appearances of nature. The texture or surface of objects became pro¬ portionally discriminated by such peculiar modifications of the line as seemed most suitable to the subject repre- tion, to distinguish between the original drawing and the sented, although, at the same time, it rendered it much engraving mafie in imitation of it; and it is extremely more arduous in the execution. Hence arose that diver- useful, as it serves to multiply copies of drawings left by sity of style, and that scope for succeeding excellence, those masters who excelled in the usC of chalks, and thus which, by combining elegance with simplicity and beauty, to form and improve young artists, wlto could not have distinguished those artists who have been most conspicu- access to the originals in the practice ot drawing.,; jrf^i ous in its improvement. . ... >o To tins account of the history and practice of the art “ It has been said that we are indebted for the origin of this art to an ingenious Florentine, Masso Finiguerm the sculptor. He was succeeded by a number of other inge¬ nious men, among whom we rank Botticelli, Andrea Man- of engraving We sliall annex the following ingenious ob¬ servations by an eminent artist.1 i We present them to our readersHwitlfout altetiatioii^br ab^dgment. .vorn Jasldifik _ On the li- a “ When compared with painting, the art of engraving is tigna, and other able designers; and in Germany, Albert near art in but a recent invention, being coeval only with that of Durer, Aldgrave, and Lucas van Leyden, who severally general, printing; and, like that noble art, it possesses not only a contributed their labours. But in the fifteenth century similar, but a greater power of multiplying and extending the works of the divine Raffaelle began to be multiplied the productions of genius over the world, for its language by the correct graver of Marco Antonio, an artist whose is universally understood. > prints were the delight of that great painter. Antonio “;It would have been.well for the art if it could boast had many imitators, but none who equalled him for just- of a more remote date, as we might then have had many ness of contour, for which his works will be ever highly more of the finest designs of the first painters of antiquity, appreciated among the early productions of the art. now doomed to oblivion, saved from the rude ravages of Having bad occasion to mention a few of the principal timei balfitunlfia yldsiimbs S. io jfumwi artists who reared the scaffolding of this elegant art, we “ But this invention seemed to be reserved for the four- shall proceed to those who have so much distinguished teenth century, and its improvements for the age of Louis themselves in finishing the superstructure. Among those, XIV.; an age in which a number of artists, who may be Augustino of Venice began to introduce a better disposi- said to have invigorated the art and unvested it ^vith beau- U ^ tyi-aroseboth in France and Italy, gj-nmlo vij r, fHu • Linesyim the first state of the art, like every other pur¬ suit whose excellence is progressive, were comparatively rude and unmeaning, and,had nothing more to recommend tion of line in his shades, as well as the ingenious Bolog¬ nese, Augustino Caracci; whilst Egedius Sadelaer dis¬ played no less zeal in Germany. In the sixteenth century the art displayed still more vigour and taste, and seemed to have but little more wanting; for all that meagre dry- them than merely representing a particular sort of mark- ness of line began to disappear, which so manifestly marks ings, or slight hatchings with the pen, without any, other the early works of II Tedesco, Aldegraff, and other art- apparent degree of execution or expression ; although ists of a former period. Their works became consequent- •nod i' qnoig sdl .lobncxalA to eoDJud orlt to ono nl .nolloo'/ 'to oiuixot iLm'-' rr, 1 Francis Legal; Esq. historical engraver to George IT. when Prince of Wales, and F. A. S. E .■ ' * The author has'taken the liberty bf adbpting here the word linear, from its strict analogy to this mode of engraving, and with the approbation tef some of the first professors, both in painting and engraving, vldmirnbe ffo' immot to 30? ENGRAVING. 51 'gtymgraving. ly more rich in style, by embracing the best productions of the pencil; and as they were applied to a greater number of ideas, they became still more interesting and successful. “ Patrons were numerous and liberal; and it is but pro¬ per to remark, that the various artists, on their part actu¬ ated by a becoming zeal which was highly creditable to themselves, were indefatigable. This is a circumstance not less worthy of imitation than the many admirable mo¬ numents of the art which they produced. Few but ad- jnired the works of Masson, Poilly, Nantueil, and Rous- ■selet; and some time after the death of the ingenious Cornelius Bloemart, who had given a grace to his lines hitherto unknown at Rome, the matchless Audran and Edelinck displayed their excellent productions at Paris. But arts are liable to fluctuate; and when the Art of en¬ graving began to decline abroad, it gradually displayed a high degree of lustre in our ovrn country; and the variety of styles which has since sprung from the original manner of engraving, shall be the subject of the follow¬ ing sketch. lo . , • 1 « We shall, therefore, treat more particularly of the dis¬ position of the lines, and their consequent eftects, distin¬ guished by the terms linear expression, imitation, disposi¬ tion, and harmony j with a strict investigation of the first and most approved subjects, either in etching or engrav¬ ing, and of their essential beauties, as far as they may tend to illustrate the subject. • As the great object of this mode of engraving is to adopt those lines the most expressive of the form and character of whatever happens to be represented, it is ne¬ cessary to begin by maturely investigating not only the ac¬ tion, but the cause and correspondent effects, of the origi¬ nal picture, in order that the artist may avail himself of all that is most beautiful in his translation, and efficient in the aggregate, either with respect to the expression, .spirit, or sentiment. n linear “ When historical subjects consist of several figures ipression where there is generally a variety of draperies, some of ad dispo- them appearing thick and cumbersome, others more thin tion* and flexible, sitting close and elegant on the limbs, being composed of a finer texture or thread ; the coarser stuffs are consequently more effectually represented by a bolder •line, as the thinner sort, by the application of a fine line, gives a more lively representation ; a discrimination which has been observed of late by the most approved modern artists in linear engraving. Observations of this descrip¬ tion, when treated in a liberal manner, not only superadd a degree of truth, but even render the subjects sweeter to the eye of fancy. In the early stages of the art some excellent artists have been led into particular and limit¬ ed systems. In the works of such as have affected to de¬ scribe every subject in the same line indiscriminately, even the arms of the most delicate women are often en¬ graven as if perfectly polished, by approaching to a me¬ tallic appearance, a mode not uncommon among the se¬ cond or third class of artists about the beginning of the last century ; by which manner all that softness and deli¬ cacy was neglected which is so happily effected in the linear productions of Strange, Bartolozzi, Morgan, Sharp, Heath, and others. Those who are acquainted with the works of the ingenious Chaffard, must with pleasure have -perceived in his foliage how even the texture of flowers is imitated from the delicate line-like fibres of which they are composed, issuing from the stem and spreading their silk¬ en beauties to the sun; and in this class of imitation, the clear transparency of glass, the rough texture of woollen, the thinness of lawn, the flickerings of satin, or the light¬ nings of steel, as well as the rude rock, the lucid lake, or the flashing of the torrent, are all admirably adapted to linear effect by the almost infinite diversity in their pdn- .Engraving, struction and general constituent principles, strictly ob- serving on what laws the beauty of lines consists, by ever keeping in view the due balance of taste, and a noble, sim¬ plicity of style throughout- It is the business of the skilful artist to overpower and subdue the difficulties in his profession ; for no excellence in art is of cheap, or vul¬ gar acquisition. Let it be remembered, that with forming steel even the enchanting graces of the Venus de’ Medicis were hewn from a rock, and the almost breathing Apollo from a block of Parian stone. “ An elegant English poet, in a critical essay on poetry, observes that the sound should seem an echo to the sense; so should the lines in a fine print seem to harmonize with the subject, by flowing with the external east of the Fea¬ tures, and the predominant passion expressed in the ori¬ ginal picture; for the same character and disposition of the lines that suit the action of the muscles in one passion, will be found to appear more vacant and less ex¬ pressive when applied to others, however graceful they rtiayiapffeakadg odt oeoqcnooi doid w ejpioq odt 'll toi9dJ oi “ As this is a point of view to which the art has never yet been fully extended, perhaps it may meet with some degree of attention, as it will be found of utility in form¬ ing a principle respecting disposition, more particularly in historical subjects, where the passions are required to be nicely expressed; and although it may admit of some slight exceptions, it is a principle that will in general be found to be true. “ For example, let it be supposed that the passion of the figure represented is that of joy, the lines should seem to expand and swell, with every acting muscle, in the most delicate manner possible. “ But, on the contrary, if the subject displays deep sor¬ row, they should rather incline downward, partaking some¬ what of the half straight, seeming to act apparently in perfect unison and conformity with the features of the face, with all due subordination to the general effect of light and shadow. “ Various observations may be made in this manner on the principal passions expressed in the human counte¬ nance, which are but few comparatively, even from the slightest movement to the boldest action. We often find, on examining the works of those masters who are not so conspicuous for great clearness of execution; that they have been occupied by the disposition and energy of the lines, as in the magnificent and masterly prints of the bat¬ tles of Alexander, from the pictures of Charles le Brun, en¬ graved by Gerrard Audran, where the executive depart¬ ment is no less conspicuous from the burin of the Cheva¬ lier Edelinck in the fine print of the tent of Darius; whilst Audran displays the true spirit of art, but rarely avails himself of much of the mechanical principles. The field and tumult of battle seemed admirably calculated to call forth his rapid powers, particularly in works of magnitude. “ The less active scenery of the tent of Darius was well adapted to the splendid talents of Edelinck, who was ad¬ mirably qualified to display subjects of this nature. This is sufficiently obvious from the beautiful and interesting group of the queen mother, and her illustrious family, kneeling at the feet of the conqueror; his impressive print of the Magdalene, or his most admirable portraits of the dignified clergy, distinguished authors, and eminent artists. These, in point of engraving, are no less remarkable for taste in the execution, than for truth and nature in ex¬ pression. “ In one of the battles of Alexander, the group where Poru&is wounded and supported by the soldiers, tjie rough discrimination of line finely accords with tleat boid deport¬ ment of character in the grim visage of that gigantic E X G R A V IK G. spirit, that it is uiincuiv w say wiicm.c. T 'l®"Vp nnf-ommon effects, such as aerial spirits, or celestial be- teem the most with masterly execution ; Pa‘ ll ^ b]entlc(j wjth the light, or ghosts commingled with white war-horse on the right extremity of the p • » Monm or fairy elves by moonlight, who trip the sands, “ Had Audran .uperadded a greater poruoaol he Xn f ar wood nyarph. Ling their delicacy and clearness of handling so conspiuious in 3 i„ ,i,» Mnmid element. Such subiects, in point ;I^cf r *IUkW,nr?. .f wr undoubtedly'have given i transcendent acquisitions ; namely, tne vast spirit o. ms “3^^. « —^ a sty„; of a differontciSE lines, and power in diawing. ( tn r*nmhinp from that of the serious or historical, as they require a “ lint it is seldom the lot of an individual to com! me ™“ evcn from ,he bm.in. case, every excellence. Arts too have t len 0* ^ the style may be as capricious as the subjects. Those of generally require the labour P tQ L,nlte an j RafFaello, m the Vatican, display an uncommon degree of ameliorate the^polish of Edelinck, to the spirited styl^of ^ ,’0'' 'me degree11 of lis excellmSe'wii^L'foundin’ tl.ebesi works “ In all works of taste and genius, those which may ap- “fp a t L s. ,v» skull hereafter exemplify. pear the most simple at a transient glance, will be often .^^0 he hi pecinltfi^^ found to contain the most art on a more mature invest,- ferent dass hUhe Celebrated storm of Balechow, from a gation. The first impression may strike the fancy, but picture of the*famous Vernet. In this print he has trans- the second generally calls up the d.scrmnnatmg powers of mitted with the graver a certain fluidity and action in re^ the judgment. ... . ■, nresentinc the liquid element, to wliich the art had never “ Arts generally rise ,n our esteem accordlug to the de- before attained. To a grandeur of style in the bold swell- gree of exertion of the mental powers which they 1 equue, ino of the waves he has superadded the utmost transpa- and, as lines are capable of various styles, those wine 1 are rencv of line ; at the same time having attended to all most Congenial to the subject represented ought to be ad- ELht restiess spray which seems sporting to the gales hered to in preference to every other consideration, le- as they roll along. In a fanciful mood one might almost mers and Gerrard Douw demand all the fidelity and Laminadn. “ We have another striking instance of spirited etching in a different pursuit of the art, in the works of Ridinger, a name which brings along with it all the savage scenery of nature. Assembling wolves in raging troops descend ..... They fasten on the steed, and pierce his mighty heart. For we shall ever find some peculiar beauty to admire, gveft in the slightest productions of genius, as well as in the most perfect productions of the burin. “ There are few artists who do “hot regret that etching was unknown to Bolswert, who has done so much without its aid; from which we may easily suppose how much -more he could have effected with this charming acquisi¬ tion. For the truth of this remark we may appeal to his landscapes from Rubens, his animated portraits from Van¬ dyke, and his productions from the Flemish school of his¬ tory, particularly his large print of the taking down from the cross, from Rubens. D XJ*? “ There is a fine instance of linear effect in a print of a Flemish conversation piece by Wille. One of the figures is drinking out of a glass, and the artist has most decep¬ tively described the texture of the drinker’s face through the glass. In the same print a female figure shows great skill in this way; even the floor is characterized by lines; and the whole strongly marks the most proper mode of treating subjects of a mere local nature. The beautiful print of the Petit Physicien is also an admirable imitation, particularly the little pellucid globule which has just mounted from the shell. When lines are engraved in a square acute method of crossing, they generally convey the idea of hardness to the subject represented. The scientific Picart seems to have been so much aware of this, that in a print of his engraving of a large marble group ofhbrses, from the animated chisel of Perriere, he adopted this style in order to heighten the imitation. “ Mason’s print of Marshal Harcourt is one of the many fine efforts of portrait engraving; and although it was executed at an early period of the art, it abounds with no small decree of taste. The celebrated print (called the table-cloth), from Titian, of the Last Supper, also con¬ tains a Considerable degree of linear discrimination, al¬ though he sometimes carries it to affectation. He is ra¬ ther singular in his mode of engraving hair. Yet the portraits of Marshal Harcourt and Brisasiere the secre¬ tary may be deemed exceptions. v50*^ X.n® obficnot on “ While, by the magic of his tooling, he is too apt at times to give his works indiscriminately the appearance of bronze ; and we frequently find the same in the figures of Balechow ; but it seems to have been reserved for Strange to give the softness of Carnation to copper, and to Wool- let to give force and clearness with discriminating taste; Bartolozzi in his lines, elegance, delicacy, and drawing; while the works of Audran teem with boldness and sim¬ plicity. In the prints of Sir Robert Strange, the greatest excellence is perhaps his rich and harmonious tones, as well as the whole effect, which is supported by an expres¬ sive style, which he seems in a great measure to have in¬ vented for his most favourite painters, Correggio, Titian, Guido, and Guerchino. The softness, the gusto, and the flowing draperies in the works of these masters, were hisEngmn, delight. His sleeping Cupid from Guido, and the prints v— of the Venus and Danae from Titian,,will ever be esteem¬ ed as chef d'ceuvres in the linear art. Having thus attempted to fulfil our original intention of discriminating the most expressive combinations of lines, and of analyzing and illustrating their various pow¬ ers and effects in engraving, we shall now conclude these observations; and if, from the nature of the subject, and from the limits of the sketch, we have failed in marking every brilliant star in the galaxy of the art, it must at least be acknowledged that we have not omitted some of those of the first magnitude. Engraving upon Steel. On the first discovery of the art of printing from engraved metals, experiments would mdst probably be made with a view of ascertaining the fittest metal for the purpose. Indeed it is known that cbppef, tin, and silver were employed by the early artists; and there ate some prints by Albert Durer which are considered as impressions from plates engraved or etch¬ ed on steel. In the collection of Albert Durer’s prints in the British Museum there are five of these prints, the chief of which are, Christ in the Garden, a print six inches by eight and a half, dated 1515; the Lady and the Mon¬ ster, twelve inches by eight and a fourth, dated 1516 ; and the Canon, twelve and three fourth inches by eight and a half, dated 1518. But, for the usual purposes of engraving, copper has, till within a few years, been supposed to have some ad¬ vantages, which have led to its being nearly always em¬ ployed in preference to other metals; and in one instance only have we found that steel-plate was used for engrav¬ ing upon in this country, before the late attempts to pre¬ vent the forgery of bank-notes. The plate we allude to is the Ceiling of the Star Chamber, in the Topographical Illustrations of Westminster, engraved by Mr J. T. Smith in 1805. The great expense of renewing plates for bank-notes, when any superior engraving is introduced for rendering imitation difficult, suggested the idea of employing a hard¬ er material than copper to engrave upon. Steel-plate was tried, and found capable of affording from twenty to thirty times the number of impressions that could be obtained from a plate of copper, whilst it was not much more difficult to engrave upon. The advantages derived from employ¬ ing steel were first made public in this country in 1818, by the inquiry respecting the prevention of forgery, insti¬ tuted by the Society for the Encouragement of Arts in London, when a specimen of engraving on soft steel was presented to the society by the late Mr Charles Warren ; and it appeared from evidence collected by the commit¬ tee, that notes with ornamental borders, prifited from steel- plates, were then in use in America. Soon after this period Messrs Perkins and Fairman from America, in conjunction with Mr Heath, an eminent engraver of London, formed an establishmem for printing notes and other engravings from steel blocks. §n"ooP/BTU9lonw aril gmnoflTiiq. The methods of engraving on steel, adopted by Warren and others, were similar to those employed in engraving on copper; differing only as far as was necessary on ac¬ count of the nature of the material and the process of hardening the plates in use in the earlier stages of this invention. In addition to these methods, Perkins, Fair- man, and Heath employ a mechanical process for increas¬ ing the number of impressions. They first make the en¬ graving on a thick plate of soft steel; the plate is then hardened, and the impression is transferred, in a spring press, to the surface of a soft steel cylinder, by rolling the cylinder repeatedly to and fro on the engraved plate, un¬ der a very considerable pressure. The transfer thus ob- Rii rmd esd .hsnabiBil nasd Jon biiil doidw (.sJcIn-IosJe t 1 ENGRAVING. 55 tained is in relief, and the cylinder being hardened, it is If plates are not to be transferred, there is some disad-Engraving, made, by the same spring press, to repeat as many im- vantage in employing thick ones; and more especially in pressions as may be desired on soft steel, or on copper- cases where an alteration may be necessary, or a mistake plates, for the purpose of printing from. They usually is to be rectified. In a thin steel-plate it is as easy to impress steel blocks, each of which will afford several rectify an error as in copper; but in a thick one it is a very thousand impressions; and -when the cylinder becomes troublesome process. !0V:_ f)J worn by transferring, a new one may be impressed from Mezzotinto engraving on steel is also found to answer the original engraving ; and, consequently, an inconceiv- well; and upon that metal some very fine prints have able number of prints may be obtained from one original lately been done; and the great number of impressions plate. which a steel plate affords will cause this beautiful style It ought, however, to be remarked, that an engraving of engraving to be more generally cultivated, cannot be transferred from steel to steel without injury ; As printing from engraved steel is now much used as a and that the injury will be greater in proportion to the means of preventing forgery, we shall close this article with a few remarks on that subject. It appears tp us that there should be nothing complex in the figures which are selected for |he engraving; their excellence sliould con¬ sist ip the perfect evenness and parallelism of lines, whe- j'.ngraving. delicacy of the work* Indeed, where engravings are to be considered as works of art, it will always be preferable to engrave or etch on tempered steel, and print from it without hardening. A sufficient quantity of impressions may thus be obtained, and of a superior kind; because ther straight or curved; but curved lines of difficult kinds steel being harder and more compact than copper, it is should be preferred. Many crossings render a pattern consequently less worn by the process of wiping off the intricate and confused; they distract the attention and printing ink either with the cloth or the hand.1 But the dazzle the sight. Wavy patterns, with scattered lights, power of transferring is of great value in all cases where a have the same effect. In such cases it is difficult to corn- great number of impressions is the chief object desired, pare one specimen with another, and a general imitation as in notes, plates for school-books, ornamental borders for is not so easily detected. It will be desirable to unite the pottery, labels, and the like. work of an artist to that of a mechanical engraver; and In preparing steel-plates, either for engraving or etch- in such cases the subject should be of sufficient size to ing, the surface should be well polished, so as to render allow of its being distinctly made out, because it will in- it compact, of an equable degree of hardness, and per- crease the difficulty of imitation. Where circulation fectly smooth. The same tools are used as for copper, but they should be of the kind of steel which is en¬ dowed with the greatest degree of toughness. When a plate is to be etched, the point which removes the var¬ nish should be sufficiently hard to penetrate the polish on the surface of the plate; the acid will then bite more freely, and to a greater depth, without spreading so as to produce a broad and shallow line. A point of diamond is, we believe, sometimes employed, particularly where the lines are drawn with the ruling-machine invented by Mr Wilson Lowry, the founder of a new school of en¬ graving, which has been of infinite use in diffusing cor¬ rect taste in architecture and sound knowledge in me¬ chanics. The same ingenious artist observed, in the first etchings on steel, that the lines were broad without depth ; aud,in consequence, tried to find a menstruumviXuch would answer the purpose better than the common acids. In this he perfectly succeeded, and was enabled to bite the lines deep, and yet preserve the desired degree, of fineness. Of the common acids, diluted muriatic acid seems to answerLest, but diluted nitric and nitrous acids produce nearly the same effectw03 ponohivo moil boiBoqqn ti her When the graver is to be much employed on a plate, it should be annealed, in order to render it uniformly soft. of notes is limited, good engraving on tl)e note will be some check upon forgery; but the notes of different banks should be made as distinct as possible, instead of the same work being introduced in different notes, as may easily he done with steel cylinders. Where a whole empire is served with one kind of notes, the temptation to forge is so great that it cannot perhaps be altogether prevented; and, therefore, whilst every proper expedient should be used to increase the difficulty of forgery, no apparent dif¬ ficulty of copying should render bankers and others les? on their guard against itno'dW .lledg orlj moil hnjnnofn See Reyurt of the Committee of the Society of Arts, on the Mode of Preventing the Forgery of Ban'i-Xotes, 8vo, London, 1819 ; Edinburgh Philosophical Journal, vol. iii. ftirrWmf y ■ §Ltd 'Iq Rmci r ni JefiJ c8idi Engraving upon Glass. See Glass, Engraving on. Engraving on Precious Stones is the representing of figures, or devices, in relief, or indented, on various kinds of hard polished lieUtoq 'to eJ-nffb oniL . The art of engraving on precious stones is one of those in which the ancients excelled; there being various an¬ tique agates, cornelians, and onyxes, which surpass any thing of the kind which the moderns have produced. Pyr- goteles among the Greeks, and Lfioscorides under the first The plate, after being engraved, may be hardened most emperors of Home, are the most eminent engravers we effectually, and;with the least injury to the engraving, or read of. The former was so esteemed by Alexander, that risk of warping the plate, by heating it in a metallic bath, and quenching the whole in a cooling ffuid. A bath of the fusible alloy of lead, tin, and. bismuth, which Dr Wol¬ laston proposed for hardening delicate steel-work, will per- ha asmn proposed tor naraenmg aeucate,steel-vyork, will per- laps answer better than any other. (See Cutlery.) It yill always be an advantage to employ a perfectly fluid me- he forbade any body else to engrave his head; and Au¬ gustus’s head, engraven by the latter, was deemed so beau¬ tiful that the succeeding emperors chose it for their seal* All the polite arts having been buried under the ruins of the Roman empire, that of engraving on stqnes met with the same fate. It was retrieved in Italy at the beginning dium for cooling; and we have reason to conclude, front of the fifteenth century, when one John of Florence, and some hasty experiments, that water heated to its boiling after him Dominic of Milan, performed works of this kind point is better than cold water for cooling steel. The quick abstraction of heat, by converting water into steam, seems to have more effect than the mere cooling power of a large body of cold water. Plates to be hardened should be about hall]tfos e io sonhua orii oi .aaoicj rmnfta orll no oil bnn ol yibatBorioi tobnilva np way to bp despised. From that time sculptures of this kind became common enough in Europe, and particularly in Germany, whence great.numbers were sent into other countries; fiut they fell far short of the beauty of those pf the ancients, especially those executed on precious o TotannU; odT *9tte89’Kf sidaisbianoo 6 iPb adJ- boo Telamon, Hectoris Lustra, Alexander, Andromache, Hecuba, Eu- menides (after iEschylus), Dulorestes, Erechtheus, Cres- phon, Athamas, Andromeda, Telephas, Thyestes, Phoenix, Melanippa, Alcmaeon, Cressae, Alcestis, Nemea, Ilione or Polydorus, and Antiope. The titles and fragments of several of his comedies have also been preserved, which, like his tragedies, are copied from the Greek dramatic writers of the new co¬ medy. They are, Amphithraso, Ambracia, Pancratiastes. The fragments of Ennius were published by Columna (at Naples, 1590), and again in the Corpus Poetarum by Hesselius (4to, Amstel. 1707). The fragments of the An¬ nals were collected and published by P. Merula (Lugdun. Bat. 1595), and by Spangenberg (Leipsic, 1825), The tragedy of Medea was published in part, with a selection of other fragments, and a learned commentary, by H. M. Plauck. (Hanover, 1807, 4to.) For a detailed account of the life and character of En¬ nius, the reader may consult W. Fr. Kreidmann Orat. de Q. Pmtio, Jenae, 1754 ; Krause, Vitce et Fragmenta vete- rum Historicorum Romanorum, Berlin, 1833, 8vo ; also Fa- bricii Bibliotheca Latina (1 vol. p. 664), Hamburg, 1721 ; also Geschichte der Romischen Literatur von Bahr, Garls- ruhe, 1832. ENORE, a village of Hindustan, in the Carnatic, eight miles north from Madras, and situated on the shore of a salt-water lake, abounding with oysters and other fish* It is a great resort of company from Madras, who meet here to fish, and to take the diversion of sailing in pleasure boats; an enjoyment which is quite impracticable on the coast, owing to the almost constant surf which beats tipon the shore. The situation is on a flat sandy bank, where there are about a hundred native huts; ENOS, a city of Turkey in Europe, in the district of the Sea of Marmora. It is on a river of the same name, but called by the Turks Boris Korfush It has a good har¬ bour, frequented by ships of all nations, which take cargoes of wool, camels’ hair, cotton, hides, morocco-leather, silk, copper, and wax. It is said to contain 7000 inhabitants. Long. 25. 56. L E. Lat. 40. 43. 42. N. ENOTAEVSK, a town of Asiatic Russia, in the go¬ vernment of Caucasus, situated on the Volga, seventy-two miles N* N. E. of Astracan. Long. 46.19. E. Lat. 47.15. N. ENOW IAWKAIA, a village and wooden fortress of Asiatic Russia, in the province of Astracan. The for¬ tress was built in 1741, for the Kalmucs. It is twenty miles S. E. of Tchernoyar. ENS, among metaphysicians, denotes entity, being, or existence. This the schoolmen ca\\ ens teale an& enspost- tivuin, to distinguish it from their ens ratiortis, which' is only an imaginary thing, or exists but in the imagination. Ens, a river in the Austrian dominions, which falls into the Danube. It is chiefly remarkable because it is the boundary line between two largeprovinces of thatdmpife. these are distinguished by the names'of the Upper*and Lower Ens. The province of the Lower Eos* is nearly in the centre of the monarchy. It is bounded on the tiOrth'7 by Bohemia and Moravia, on the east fey Hungary, ow'the south by Sleyermark, and on the west fey The Upper Ehs. It extends over 8612 square miles, and is divided into ffehfl circles, besides one consisting of the'city of Vlenna;and its suburbs. The names of those circles are, thesUj)per and the Lower Vienna Forests, and the Upper -and the- i oT-r ^a®frartsbe%* In 4816! • the> plwvtaceMntailed ,040,412 inhabitants, who haTve« increased eonsiderably VOL. IX. since that period, and occupied 85 cities, 339 market-' Kna. towns, and 4286 villages, in which were 148,172 dwell- ^0®^' ing-houses. The face of the country is generally mountainous, al¬ though the warm valley of the Danube and some others contain land equal to any of Europe in productive power, and spots whose picturesque beauty is excelled by few in any country. There are a great number of smaller streams which empty themselves into the Danube, the banks of all which are fertile and pleasant. The mountain ranges are a part of the Noric Alps, running for the most part per¬ pendicular to the river, and varying in height from 4400 to 6500 feet. The soil varies greatly, and as a whole, including the mountain districts, cannot be considered as fertile. The surface of the province appears by the ca¬ dastre to be 5,023,580 English acres, and the rivers, lakes, roads, rocks, and waste lands, with the site of the cities, towns, and villages, occupy 1,046;860, or somewhat more than one fifth of the whole. The rest of the iand is thus appropriated: 2,244,508 acres are under the plough, 96,757 are in gardens, 137,656 are in vineyards, 666,900 are in meadows, 467,254 in upland pastures, and 1,505,440 are woods and forests. Although agriculture is not worse conducted than in Germany generally, the product of corn is unequal to the demand for it; and it is calculated that wheat and rye scarcely yield more than five times the seed. The breeds of cattle are by no miean,s good, and neither sheep, oxen, nor cows, are abundant. Poultry and river fish are plentiful, as are also game both of the feathered and four-footed kinds. Wine and fruits are co¬ piously produced, and much of both, after supplying the capital, is sent to the other provinces. The want of wood for fuel is complained of, and said to be constantly in¬ creasing, although of late years improvements have been introduced in the management of the woods, roads made to many places that were before inaccessible; and floats formed on many of the small rivers, to augment the sup¬ ply. The whole province is a manufacturing district, and furnishes cottbn, linen, and woollen cloth, silk goods, iron and copper wares, gold, silver, and plated articles, glass, hats, paper, hosiery, and the various smaller articles of necessity or luxury. The chief commodities exported are wine, saffron, mustard, and wool. The imports con¬ sist of East and West India articles, silk, corn, flour, cat¬ tle, wood, and salt. The city of Vienna has good roads from it to the most distant parts of the empire, on which, as well as On the rivers, there is a very great traffic. The province of the Upper Ens is the westernmost Province part of the Austrian dominions, with which have been in- the CTp- corporated a part of the Valley of the Inn, which, before per 1779, belonged to Bavaria, and the larger portion of the duchy of Salzburg, ceded to Austria in 1816. It is bounded on the north by Bohemia, on the north-east by the province of the Lower Ens, on the south-east by Steyermark, on the south by Illyria, on the south-west by the Tyrol, and on-the horth-west by the kingdom of Ba¬ varia. It is 7568 square miles in extent, it is divided into five circles, namely, the Muhlvierthal, the Hausruck, the Traun, the Innvierthal, and the Salzach or Salzburg. It contained in 1816 seventeen cities, 122 market-towns, 7725 vHlf^F^ ttnd 124,606 houses, inhabited by 756,890 individuals, since which they have rapidly increased. The southern part of the province is a mountainous district, covered with a portion of the Noric Alps, in wMicli are Glockner on the frontier of the Tyrol, 11,700 feet ‘in height; the Viehbachhorn, 11,058; and several others exceeding 8000. Some of them dre eovefed with perpetual snow, and have between them glaciers or fields of ide of more than sixty square miles in extent. On the north of the province the mohfetkihs HriiiHH'';separate it 11 58 E N S ENT Ens from Bohemia are lower, but fill almost the whole circle of Muhlvierthal. The province is well watered, saving, Ensign, besides the Danube, four other navigable rivers which dis- charge their waters into it. No country presents more lakes, and none are of greater beauty than the iraun, the Kammersee, the Mondsee, and the Hallstadtsee. A country so mountainous has little opportunity ot practising agriculture, and, with the exception of Salzburg, the corn is not supposed to produce more than four tunes the seed. The province contains 5,751,900 acres, o which 1,464,750 are under the plough, 44,840 are in gar- jvards, 649,967 are meadows, 1,393,670 dens, 145 in vineyards, upland pasture, and 1,697,040 woods. The remainder is occupied with lakes, rivers, glaciers, roads, and sites o cities and towns. One of the chief productions of the province is salt, which is made from brine springs upon a very extensive scale at Hallein. In some parts are mines now worked. These produce annually 2490 ounces of cold, 6400 ounces of silver, 886 quintals of copper, 490 quintals of lead, and 14,461 quintals of iron, bes.des ar¬ senic, vitriol, sulphur, and gypsum. The iron manufac¬ tures, and particularly that of knives, give employment to thousands of families. There are also many mi ls on the various streams, for spinning cotton, linen, and woollen yarn. It is said that the woollen manufacture alone sup¬ ports more than 25,000 families. In the cities of Lmtz, Salzburg, and Steyer, there is much transit trade, both by the rivers and by the three great and excellent roads Which traverse the province. Ens, a city of Austria, in the province of the Lower Ens. It stands near the influx of that river into the Da¬ nube, and contains 380 houses, with 2951 inhabitants em¬ ployed in linen weaving and in breweries. Being on tie great road to Vienna, it has upwards of twenty inns and hotels. Long. 14. 21. E. Lat. 48. 13. N. , , , ENSEELED, in Falcormj, is said of a hawk that has a thread drawn through her upper eye-lid, and made fast under her beak, to take away the sight. ENSHAM, a town of the county of Oxford, in the hundred of Wootten, sixty-ohe miles from London. It is situated on the river Isis or Thames, and on the great road from London to Worcester and Birmingham, from which it derives some traffic. It had formerly an exten¬ sive abbey, the remains of which may still be traced. 1 he population amounted in 1801 to 1166, in 1811 to 1418, in 1821 to 1705, and in 1831 to 1858. ENSIGN, in the military art, a banner or colours under which soldiers are ranged, according to the different com¬ panies or parties to which they belong. The Turkish ensigns are horses’ tails; those of the Eu¬ ropeans are pieces of taffety, with divers figures, colours, arms, and devices thereon. Xenophon tells us that the ensign borne by the Persians was a goldpn eagle on a white ground ; the Corinthians bore the winged horse or Pegasus on theirs ; the Athenians an owl; the Messenians the Greek letter M; the Lacedaemonians the A. The Itomgns had a great diversity of ensigns, the wolf, mino- taur, horse, boar, and at length the eagle, where they stopped. This was first assumed in the second year of the consulate of Marius. A military ensign on a medal of a Roman colony denotes it a colony peopled with old soldiers. Ensign is also the officer who carries the colours, being the lowest commissioned officer in a company of foot, subordinate to the captain and lieutenant. Naval Ensign, a large standard or banner hoisted on a long pole erected over the poop, and called the ensign staff. The ensign is used to distinguish the ships of dif¬ ferent nations from each other, as also to characterize the different squadrons of the navy. The British ensign in & shins of war is known by a double cross, viz. that ot kt I George and St Andrew, formed upon a field which is either red, white, or blue. . _ ^ , . . , ENT Sir George, an eminent English physician, born at Sandwich, in Kent, in 1604. He was educated at Sid- nev College, Cambridge, and, having afterwards travelled into foreign countries, received the degree of doctor of phvsic at Padua. After his return he obtained great prac¬ tice, was made president of the college of physicians in Lon¬ don and at length received the honour of knighthood from Kino- Charles II. He was extremely intimate with Dr Harvey, whom he learnedly defended, in a piece entitled Apologia pro Circulations Sanguinis, contra JEmilmm Pa- risanum. He also published Animadversiones, and some observations in the Philosophical Transactions. Glan- ville, speaking in his Plus Ultra of the modern improve¬ ments in amitomy, numbers Sir George Ent, Dr Ghsson, and Dr Wallis, with the most celebrated discoverers m that science. The two former were amongst the first mem¬ bers of the Royal Society. Sir George Ent died in Octo¬ ber 1689. ENTAIL, in Laio. See Tailzie. ENTHUSIASM, in a religious sense, implies a trans¬ port of the mind, by which it fancies itself inspired with some revelation, impulse, or the like, from heaven. In all a^es,” says Locke, “ men in whom melancholy has mix¬ ed with devotion, or whose conceit of themselves has raised them into an opinion of a great familiarity with God, and a nearer admittance to his favour than is afforded to others, have often flattered themselves with a persuasion of an immediate intercourse with the Deity, and frequent com¬ munications from the Divine Spirit. Their minds being thus prepared, whatever groundless opinion comes to set¬ tle itself strongly upon their fancies is an illumination from the Spirit of God ; and whatsoever odd action they find in themselves a strong inclination to do, that impulse is con¬ cluded to be a call or direction from heaven, and must be obeyed. It is a commission from above, and they can¬ not err in executing it. This I take to be properly en¬ thusiasm, which, though arising from the conceit of a warm and overweening brain, works, when it once gets footing, more powerfully on the persuasions and actions of men than either reason or revelation, or both together, men being most forwardly obedient to the impulses they receive from themselves.” ENTHYMEME, in Logic and Rhetoric, an argument consisting only of two propositions, an antecedent, and a consequent deduced from it. The word is Greek, iv6v/j,iyj,a, formed of the verb tv6vfiu<$cu, to think, conceive, a com¬ pound of £v, and Su/xog, mind. The enthymeme is the most simple and elegant of all argumentations, being that which a man, in arguing close¬ ly, commonly makes, without attending at all to the form. Thus, the verse remaining of Ovid’s tragedy entitled Me¬ dea contains an enthymeme : Servare potui, perdere an possum rogas,—“ I was able to save you, consequently to have destroyed you.” The beauty would have been lost had all the propositions been expressed ; the mind is dis¬ pleased with a rehearsal of what is nowise necessary. Sometimes also the two propositions of an enthymeme are both included in a single.proposition, which Aristotle calls an enthgmematical sentence, of which he gives this instance: Mortal, do not bear an immortal hatred. 1 he whole enthymeme would be, Thou art mortal, let not, there- fore, thy hatred be immortal. ENTLIBUCH, a bailiwick in the canton of Lucerne, in Switzerland, extending over 110 square miles, and con¬ taining: five parishes, with 12,550 inhabitants. 59 m' i* V. •< nytiW* rieu ci i9rt'I yvcn odJ io ssnoibBUpa Jnsioftifi obita elorfw orl! i?orn(r HR ir»d ,fwof we, armerfoH moil ENTOMOLOGY. „ ;'i .'>u!d to ,bgT 910m etnsovm ytIiujod or/l 4i oLii s’lyJcw liorf} Dsirsff') nition. Entomology (from evro/Mov^ insect, and Xoyag, discourse), views. Linnaeus wisely separated these two classes, but at Definition is that branched natural-science which treats of the history the same time injudiciously joined the Crustacea with in- and habits of the insect tribes. Its subjects are the most sects* placing them in his order Aptem, along with spiders numerous and diversifiedofany of those topics which engage and scolopeetbro. Fabricius in that respect followed the the attention of the student of nature; and as they exem- same general plan, and included all those living creatures plify in a most surprising and admirable manner, both by in the same class, notwithstanding the better example their structure and instincts, the wisdom of the author1 shown by iBrisson, who; had separated all the species posi- and creator of all things, and form a highly interesting de-? seased of more titan sits feet, that is, the Crustacea and partment of human knowledge, we deem their elucidation Arachnides of Limiarck. Since the death of the great deserving of a lengthened dissertation. \ . , > Swedish rtaturaiist, our improved knowledge of the anatomy The English term insect is no doubt derived from the and physiology of the imvertebrated classes has thrown a Latin word insectum or intersectum, signifying into or clearer light upon tlie subject, and many modifications haye intersected, in allusion to the obvious divisions of head, taken place in the arrangement of the insect tribes, thorax, and abdomen, of which their general forms consist. Insects, properly so,called, may be defined as animals The Greek word bears the same signification, c without vertebra, sisorjooted, with a distinct head furnished with two antenna and a pair of composite immoveable eyes, "W-t "* ,K •*••• 4 — • and breathing through stigmalic openings which lead to in- terior, trachea*1 tu /ig .^/fnd'io ttrl.r /i-iclir.ii-;«e has. .V'-ini As we shall have occasion to mention many terms which may . not be familiar to the general reader, we deem if ad¬ visable, instead of taking his knowledge ■ for granted, to commence with a brief enumeration and explanation of the various orders in Entomology, so that their names, when subsequently brought forward, maybe associated with some definite idea. We shall consider all insects as included under eleven different orders, as follows. If Coleoptjera (from KoXeoe, a sheath, and. ‘rn^a, wings). CHAPTER I. DEFINITION OF INSECTS THEIR ORDERS EXPLAINED—AND THEIR STUDY DEFENDED. In the article Animal Kingdom of this work (see vol. iii. p. 179), we have given a view of the primary divisions of the subjects of zoological science. The third primary division, that of the articulated animals, consists of four great classes:—1. Annelides, such as serpulae, nereids, leecaes, earthworms* &c.; 2. Crustacea, such as crabs, including all those kinds commonly called beetles. Their lobsters, and shrimps; 3. Arachnides, such as spiders, scor- membranous wings, which are the true organs of flight, are pions, and mites ; and 4. Insecta,^ or true insects, such as protected by a superior and anterior pair of harder cqnsist- beetles, butterflies, and moths. I he class Insecta of Lin- ence, called elytra,' They are all masticators, and are pro- naeus included not only those last named, but also Crus- vided with mandibles and maxilla:. Plates OCXXI-VTI. tacea and Arachnides, and was thus almost co-extensive 2. Orthoptera (from eg^og, straight, and wrega, icings), with what we now regard as a primary division under the including crickets, grasshoppers, locusts, &c. The upper term Articulata. We have, however, already discussed those two branches as distinct classes, under their respec¬ tive titles (see Arachnides and Crustacea), and we shall not repeat the important characters by which they are dis¬ tinguished from genuine insects. The term insect was anciently applied to a much more extended series of beings than are now included under that designation. It seems to have comprised whatever was destitute of an internal skeleton, and exhibited a body com¬ posed of articulated parts. In this sense it accords with its application in the writings of Aristotle and Pliny, with o — / o— JL JrT , 7 * — i ^ wings are of the consistence of parchment, reticulate^ and more or less incumbent. The mouth is provided with mandibles and maxillae. Plate CCXXVIIIr;j n() 3. Hemiptera (from y/Aiffv, the half, and wiU find their history and classification. 60 ENTOMOLOGY. Definition, however, present fewer nervures, and are not reticulated, as in the preceding order. The mouth is furnished with mandibles and maxillae, and the abdomen of the female is terminated either by an ovipositor - or sting. Plates CCXXXI-II. 6. Lepidoptera (from Xitrig, a scale, and cm^a, icings), containing all butterflies and moths, and generally charac¬ terized by the farinaceous or scaly aspect of the organs of flight, and the tubular or thread-like extension of the parts of the mouth. Plates CCXXXIII-VII. 7. Strepsiptera (from tfrgs-\Jwj, a turning or hoisting, and vriga, icings), including a few peculiar and parasitical species belonging to the genera stylops and xenos. This order corresponds to the Rhipiptera of Latreille, but we adopt Mr Kirby’s denomination, as possessing a prior claim. Plate CCXXXI. . 8. Diptera (from dig, twice or double, and vmga, icings), including the house fly, and other two-winged kinds. The mouth is furnished with a proboscis, and there are two or¬ gans called poisers or balancers (halteres) placed behind the true wings, one on each side. Plate CCXXXVIII. 9. Suctoria (so designated from their sucking propen¬ sities) is constituted by the genus Pulex of Linnaeus, and differs from the ensuing apterous orders in undergoing a regular metamorphosis, and possessing what some regard as the rudiments of elytra.1 2 Plate CCXXXIX. fig. 13, 13 a, 14, 14 a, 14 b. 10. Thysanoura (probably from b/a£w, to dance, and cusa, tail),'1 likewise an apterous order, including the Podurai and other tribes. Plate CCXXXIX. fig. 7, 8, 12, and 12 a. 11. Parasita (so named from their parasitical or adhe¬ sive propensities, because they dwell on the bodies of other animals) contains the genus Pediculus of Linnaeus, and the Nirmi or bird-lice.3 Plate CCXXXIX. fig. 10, 11, and 11a. The study of the structure and habits of this numerous and diversified class of beings has long been a favourite occupation with men of science in all the continental coun¬ tries of Europe, and has assumed of late years in the south¬ ern parts of our own island a character of considerable and increasing importance. Works have been recently pub¬ lished in this country which need fear no comparison with the most finished examples of pictorial representation ; and when we consider how sparingly the subject of Entomology has been hitherto patronized by the-public, we cannot suf¬ ficiently esteem the exertions of those who have thus de¬ voted their time and talents to a pursuit which brings with it no other reward than the delight which every instructed mind necessarily draw$ from the contemplation of a favour¬ ite subject. Entomology, in truth, still stands in a difficult and somewhat dubious position, and presents itself to many under a far less inviting aspect than its beautiful sister-sci¬ ence of Botany. In connection with the latter study, the very mass of mankind, even the profanum vulgus, however ignorant of the technical details, have many early formed, and therefore pleasing associations. Every country-house has its flower parterres, and numerous cottages their glow¬ ing borders,—botanic gardens have been formed in the vicinity of most of the larger cities, while nursery grounds are frequent in the neighbourhood even of provincial towns, —to say nothing of the “ flower enamelled meads” which each sparkling spring and gorgeous summer calls into fleet¬ ing but constantly renewed existence. In addition to the more attainable nature of this popular pursuit, some bota¬ nical knowledge is also regarded as a requisite branch of Defir |0Ili medical education; and although a tin box. and a micro- 'x-r— scope do not constitute a man of science, still the subject derives advantage from that general though it may be su¬ perficial culture. But in Entomology every thing exists in a different order of relation. No “ trivial fond regards” come in aid of the impaler of insects; and even the crea¬ tures themselves are too often regarded with such abhor¬ rence, that one feels the more inclined to admire how those who endeavour to hand them down to an ungrateful poste¬ rity, should themselves be accused of cruelty. The time however is surely gone by when an apologetical defence of the study might be required, or in which the works of Omnipotence were regarded as important in pro¬ portion either to their magnitude or immediate subservi¬ ence to the human race;—and although we desire not to fall into an opposite error by maintaining the greater beauty and excellence of the more minutely elaborated designs of the Creator, we yet feel that they are fully more calculated to awaken our wonder and admiration. It would be easy to say that the richest and most elegant apparel which adorns the human race is the product of a caterpillar; that the blistering medicines so essential to the practice of the sanitory art are compounded from a beetle; that honey and wax, so valuable as articles of domestic economy, are derived from the glad labours of a hymenopterous fly ; and that even that splendid and regal dye the “ Tyrian purple” of ancient days, supposed to have been obtained from the Purpura patula, a shell-fish of the Mediterranean, is su¬ perseded by the tinctorial uses of the cochineal, a small and obscure insect, which nevertheless the skill of the chemist has rendered indispensable even to the garment of kings. But in truth far higher and more delightful results ensue from these researches, than can ever be named in the “ cui bono” catalogue of a mere economist; for whatever tends to elevate the mind of youth above the grosser pleasures of sense, or even occasionally to disconnect our maturer years from the more turbulent occupations and harassing cares which life is heir to, assuredly carries along with it its own reward. We doubt not that a more sedulous and frequent attention to natural history would in active minds pre-oc- cupy the place which is otherwise in after years too often^ devoted to more perilous courses. Even the pursuits of literature are often vague and objectless, and not unfre- quently engender a sickly sentimentalism, or other morbid affection in nowise akin to genius. But the objects which attract the attention of the naturalist are not the melan¬ choly creations of the human intellect, which present so often but a lurid brightness, or a dim eclipse, in which noble thoughts are obscured by the “ darkening scales” of vice or folly. They are the work of Him who cannot err, and who has doubtless not only peopled the teeming earth and the translucent waters of the “ great deep” with all their innumerable and varied wonders, for a wise and be¬ neficent purpose, of which our instruction and amusement form at least a portion, but has, by the implantation of that strong instinctive love of nature which all ingenuous minds possess, demonstrated his desire that we should ennoble our humanity by magnifying his manifold works, the “ won¬ drous works of him that is perfect in knowledge.” While the beautiful simplicity and regular order observ¬ able in those phenomena which proceed under the super¬ intendence of omnipotence, commonly called the operations 1 This suctorial order is named Aphaniptera by Mr Kirby, from aQains, inconspicuous, because there is an appearance of something resembling elytra. 2 In allusion, we presume, to the springing propensities of the insects of this order, which leap by means of a setiform process bent beneath the abdomen. 3 Those who assume the occurrence of marked transformations as a basis for the grouping of the orders, will rank the first nine of the above as Metabola, or insects undergoing metamorphosis, and the last two as Ametubola, or insects undergoing no metamorphosis. O L O G Y. 61 with but a feeble chance of adding to the actual list even Externa] of indigenous species, and hak probably no chance at all of Anatomy, ever refreshing his eyes w ith the sight of a plant which nobody ever saw before,—it is far otherwise with the innu¬ merable tribes of insect life. The “ gilded summer flies” are numerous as leaves in Vallumbrosa. No recess of the forest so obscure but there the “ winged messengers” are seen to sport and play ; and each summer sunbeam falls not alone on the dewy herbage of the open glades, but lights up the gorgeous hues of those bright creatures which a mystical philosophy has ennobled as the types of the disen¬ cumbered human soul, and which even the sombre Dante has named angelical. E N T O M . of nature, are well adapted to the comprehension of under¬ standings laying no claim to the highest order, the more complex relations of the subject present a vast field for speculative or theoretical exercise,- sufficient to occupy the faculties of the most powerful minds. It is thus that, in its totality, the subject of natural history holds out to each ca¬ pacity the allurement of an occupation suited to every gra¬ dation of intellectual power; for while in its mysterious interconnection with other branches of natural science, as well as in its own peculiar complexities, it cannot be effec¬ tively grasped by mere human understanding, its manifold minor features may be scanned with intelligence by who¬ ever desires so to do. If indeed the value of a pursuit is to be estimated by the comparative ease with which it may be followed by persons of the most moderate fortunes, few can rank higher than Entomology. While the specimens sought for by the mi¬ neralogist and student of geology are frequently heavy and cumbrous, and not seldom extremely expensive, and while that sad representative of the beauties of the living Flora, called a Hortus Siccus, is but a frail and fleeting me¬ morial of the “ days of other years,” presenting, even after a tedious and troublesome process of preservation (by courtesy so called), no trace of their original brightness, the most exquisite examples of entomological beauty, if not too roughly handled at the period of their capture, re¬ main, with the most ordinary attention, for a lifetime in their pristine state,—and what that state actually is, all may sa¬ tisfy themselves in the course even of the most superficial examination,— For nature here Wantons as in her prime, and plays at will Her virgin fancies. Exceeding in amount of species all the other subjects of zoology,—unrivalled in the dazzling brilliancy of their co¬ lours, which combine the clearness and decision of tint pos¬ sessed by flowers, with the exquisitely varied markings of the feathered race, and the metallic splendour of the mi¬ neral kingdom,—surpassed by no other work of creation in the wonderful structure of their parts, and certainly surpass¬ ing all in the adaptation of that structure to the perfect fulfilment of those natural though to us still mysterious in¬ stincts, which in every age have excited the admiration of mankind,—is it to be wondered at that the study of in¬ sects should occupy a prominent place in our pursuit of knowledge ? Much more do we wonder that thousands of the best educated, and in other respects most enlightened minds, should still feel averse to a study which unfolds such a world of unseen wonders. The subject, too, is literally inexhaustible; and while some who love to methodize, and thereby to circumscribe, the subjects of human knowledge, or who err in their esti¬ mate of the perceptive powers of the human mind as ap¬ plied to other matters of enquiry, may be deterred by the vague boundaries of such a field, a greater number, and with more propriety it is hoped, may be induced to enter it, from the very consideration of such a rich and unreaped harvest. While a fragment of inert matter, which chemi¬ cal analysis determines to differ in its constituent propor¬ tions from other fragments previously examined, is once in a lustre dignified by the name of a new species, and the name of a Hairy or a Dolomieu is bestowed on the uncon¬ scious mass,—and while, even in the richer domain of British botany, the student of that science, however much he may extend our knowledge of the localities of plants, labours Non v’accorgete voi, che noi siam vermi Nati a formar I’angelica farfalla. Every pool of w ater is pregnant with life ; each lonely moor or old deserted quarry, which scarcely “ feels in its barren¬ ness one touch of spring,” is the chosen abode of thousands of living creatures, of small dimensions it is true, but of singular beauty both of form and structure, and often adorned with hues, Which make the rose’s blush of beauty pale, And dim the rich geranium’s scarlet blaze. Even the pastoral melancholy of the green mountains is enlivened by the occurrence of many interesting species. One of the most beautiful of European coleopterous insects (Carabus nitens) occurs among the peat hags, and other places where heath and turf abound, and where its spark¬ ling coat of gold and green, tinged with a brighter lustre than that of rubies, is singularly contrasted with the black¬ ness of the soil in which it seems imbedded. The deso¬ late and cloud-piercing summits of the highest hills produce several species, which are the more highly prized from their scarcity, and the difficulties with which they are obtained.1 We have alluded to the ease and eccwom/with which the study of Entomology may be pursued, more especially when our attention is confined to the species of a district. Of course the collector of foreign insects labours under some disadvantage, from the more multifarious nature of his sub¬ jects, their larger size, higher price, and more scattered lo¬ calities. But the home collector, especially of the Coleop- tera, is more favourably situated.2 The total Entomology of most districts may be amply illustrated within the bounds of a cabinet of a few feet square, and the most ordinary attention and regularity suffice for its preservation. Most districts produce species which are comparatively rare in other quarters, and thus by means of interchanges nume¬ rous additions may be made from time to time: so that with a moderate share of assiduity and perseverance, a large collection may be amassed with little or no pecuniary outlay. In these and many other pleasant particulars, on which we need not here dilate, Entomology possesses advan¬ tages over all the kindred branches of natural history. We shall now pass to a short exposition of some of the more characteristic features in the structure and functions of insects. CHAPTER II. THE EXTERNAL ANATOMY OF INSECTS. Our knowledge of the manners of these creatures presents us with few general results, and this is scarcely to be won- 1 The foregoing brief “ defence of insects” coincides with that which, since the above was written, has appeared in our Entomolofna Edmensis. 2 A glazed frame or drawer, lined with cork, and capable of containing many hundred species, may be made for a few shillings. 62 entomology. External dered at, when we consider with how small a number we Anatomy, have any accurate acquaintance. It may even be doubte '— ' whether we are completely informed of the history of any one species within the entire range of Entomology. Ot some we know the perfect state, but haye never seen the larva ; of others the larvae are w ell known, but the perfect insect remains in obscurity, so that when we consider the numerous chauges which these creatures undergo, from their first hatching to their final metamorphosis, we need scarcely wonder that eVeh the most familiar species pre¬ sent joints in their history, w h eh it is by no means easy to,unravel. , , h* . odT. It is otherwise however v%ritli the classification of insects,^ which, depending mainly on an attentive examination of external characters, is so far independent auxe of anatomi¬ cal investigation and the stud^ ot rhanners, althdugh these, when ascertained, form of course the truest test by winch to appreciate the difference between a natural and an arti- lfe'?^mehif'!l 0 Y'Y1 .. V miiulYm.r. orfa.hmriiiljaia Tlie period is comparatively recent during which the in¬ ternal structure of insects began to be regarded as a sub-, reef df interest. Their external characters were the first to attract attention; and as a communicable knowledge of these Was necessary for all the practical purpbses of classi¬ fication, as well as to establish the means of mutual undei- staliding among naturalists, it iS well that that branch has been rendered so complete and satisfactory. In former times, whatever facts of interest might have been ascer¬ tained, were too often but of slight avail, iti consequence of our vague knowledge of the species to which they ap¬ plied. But the most Ordinary attention on the part of the anatomist, to the systematic works of modern times, will now suffice to inform him of the place which his subject occupies in die scale of nature ; and hence the importance, not seldom overlooked by the physiologist, of even the minutest external characters, when accurately ascertained and clearly described. It has indeed been stated as a truism, that whoever attempts to deduce the real affinities of the animal kingdom from a cofisideration of the exter¬ nal characters alone, will in most cases mislead both him¬ self and others.1 But it must also be admitted, that comparative anatomists have too frequently an idea that nothing is or can he of importance which extends beyond the sphere of their own exertions. They forget that the general form and covering, and, in short, the whole of the external characters, however they may labour under the misfortune of being obvious to a common observer, are just as much a part of an animal's organic constitution, as the nerves, viscera, muscles, blood-vessels, and bones, or whatever else is most mysterious and recondite ; and that, in fact, without a precise knowledge of the former, the in¬ formation conveyed by the latter would be uncertain, or of no avail. The chief advantage of the internal structure is, that it is less liable to variation from the influence of local or accidental circumstances: its chief disadvantage results from the difficulty of its ascertainment, and the contrariety of opinion wfoich exists among physiologists regarding the uses of the organs, even after their conformation has been ascertained. A mere knowledge of external character is perhaps nearly as useful as an acquaintance, however inti¬ mate, with anatomical structure, when nothing is either known or sought for respecting the external appearance, as a necessary guide to the higher knowledge of animal in¬ stincts and modes of life, the uses of living creatures in the general economy of nature, their exquisite adaptation to the circumstances under which they are placed, their distri¬ bution over the earth’s surface, and other points of philoso¬ phical investigation. The mere anatomist may smile at the Exten mere collecto? of shells and butterflies; and with just as Anatuj much propriety may the mere naturalist or virtuoso smile in return at him who, knowing, or supposing that he knows, every convolution df a viscus, or ramification ot an artery, is yet unable to recognise, amid the perplexingly multi¬ plied varieties Which may be presented to him, the precise animal which has been the subject of so much anxious and careful investigation. But when anatomy and natural his¬ tory 'hand in hand, the obscure labyrinth of nature, so far as" human capacity can penetrate, receives its noblest illumination. Notwithstanding the meritorious labours ot bwammer- dam, Malpighi, Reaumur, and Lyonnet, who were the first greatly to signalise themselves in the difficult field of in¬ sect anatomy; in spite of the more recent and scarcely less successful exertions of Cuvier, Comparetti, Ramdohr, Tre- viramis, Gaede, Sprengel, Savigny, Marcel de Serres, Geof¬ frey St Hilaire, Cams, Meckel, Audouin, and Dufour (to make no mention of many others who yet deserve to be held in remembrance),—Such is the immense extent and variety of this wmnderful class of beings, that we fall infi¬ nitely short of possessing any tiling like a general or com¬ pleted knowledge of their structure. In this paucity of well-established facts under which we labour, it would indeed be unphilosbphical to attempt the induction of ge¬ neral rules; and all that we shall here attempt shall be to record such observations as seem likely to bear sub¬ stantially upon the subject, and to have formed an actual advance in our knowledge of the anatomy and physiology of insects. The study of the interior structure of these creatures does not at first sight hold out the promise of much that is either interesting or Useful, The enormous distance which seems to separate all invertebrated animals from man, and even from the lower mammiferous and other vertebrated tribes, has induced the belief that no practical results can ever spring from such a source. But the philosophical observer, who knows how important is frequently the connection be¬ tween the greatest and the least of things, and how, like the thread of Ariadne, the tracing of a slender chain may lead to unforeseen conclusions of the highest value, will not despise the lights which a better knowledge even of insect anatomy may be one day destined to throw upon some of the many still obscure points in the physiology ot man. The observations of M. Dufour and others have al¬ ready shown us what an admirable simplicity presides in these despised tribes over the exercise of those most im¬ portant functions, which in red-blooded animals require such a complicated organic structure as to be almost incom¬ prehensible. But as we descend in the scale of nature, we see more clearly the distinction between what is neces¬ sary, or merely accessory or superfluous, and thus by de¬ grees we may attain to a knowledge of the essential cha¬ racters of things. Even in its more superficial bearings on natural history, the dissection of insects is necessary to ascertain several disputed points regarding the sexual distinctions of species, and to verify our views of the structure of the organs of the mouth, the antennae, tarsi, and other external parts, on which our establishment of tribes and genera mainly de¬ pends, When it is desired to dissect an insect, it ought to be placed on a piece of cork, immersed in pure water; and the various parts, as they float in the liquid, may be fixed in their most appropriate position by means of needles. With a view to prevent deception from any alteration in the relative position of the internal organs, it is desirable 1 Wilson’s lllnitrations of Zoology, vol. i. pref. p. 4. "3 K ENTOMOLOGY. 63 to fix the insect in its natural horizontal posture, and to commence the dissection from the dorsal region down¬ wards. The following observations on the dissection of the mi¬ nuter animals may be of service to the student. “ The first thing that I have to observe is, that all dissections of small and soft objects, e. g. worms, zoophytes, insects, mol- lusca, &c. where it is desirable to obtain even tolerably accurate results, should be performed under water, by which the parts are kept floating and separated from each other, and consequently present themselves more distinctly. A very simple contrivance for investigations of this kind may be prepared in the following manner:: A mass of tough wax (not too soft) is to be laid, upon one or more porcelain saucers or capsules of different sizes, which are then to be put in a warm place until the wax melts so as to cover the surface evenly to the depth of a half or a third of an inch. If the object to be examined be laid upon this sur¬ face, it may be fixed by needles in any position that is wish¬ ed ; and, when covered with clear water, developed and dissected by means of suitable instruments. Of these, the best are very delicate forceps ; pointed, well made, sharp¬ cutting scissars; and small knives like cataract needles, some round, others with cutting edges, and fixed in slen¬ der wooden handles. For separating parts I have also em¬ ployed small horn probes and fine brushes ; whilst for ex¬ amining them a good magnifying glass is frequently indis¬ pensable. If it is wished to preserve a preparation thus made, wax coloured at pleasure, as for the purpose of in¬ jections, is to be formed into little tablets about a quarter of an inch thick ; one of them is then to be placed upon the saucer or capsule containing the preparation ; the lat¬ ter may then be transferred to it, arranged suitably upon it, fixed there by means of short needles, and both toge¬ ther placed in alcohol. Nor must I forget to mention, that the examination of very delicate organizations may frequently be conducted with greater facility and accuracy, if the object be previously allowed to remain some time in spirit, and thereby to become harder and contracted. This applies particularly to the dissection of nervous organs, and to the examination of very small embryos, of mollusca, and worms. There are various ways of destroying worms, insects, &c. for the purpose of dissecting, without injuring their organization. Mollusca, snails for example, as Swam¬ merdam has remarked, are to be allowed to die in water, because by that means their body swells, and all the parts become more distinctly visible ; they may afterwards be kept in spirit (though not too long) for dissection. Worms, the larger zoophytes (for the smaller must be examined whilst alive), caterpillars, &c. are best destroyed by means of spirit; insects, on the contrary, by being dipped rapid¬ ly in boiling water, or in oil of turpentine.”1 * SECT. I THE EXTERNAL COVERING OF INSECTS, Our knowledge of the structure and anatomy of this class may be said to be still in its infancy ; for although many important facts have been legitimately generalized, we are still in ignorance of the formation of a thousand species for every one which has been examined. As the harder parts of insects, to which the muscles are attached, are su¬ perficial, the class has been described as bearing their, ske¬ letons externally; and a transcendental anatomy has not scrupled to determine the exact analogy which each, por¬ tion of their covering bears to the bony irame-w ork of the vertebrated tribes. This comparison has been instituted by M. Geoffroy St Hilaire, an eminent physiological natu« External ralist of France, who maintains, with many of his country- Anatomy, men, that all animals are vertebrated. The doctrine, what- ever may be its other merits, is not entitled to the credit of novelty, as an ^English writer of the name of Willis had, so far back as the year 1692, published his opinion that the external envelope of the body of insects represented the internal articulated column of the vertebrated. tribes. M. de Blainville, on the other hand, regards the corneous covering of insects rather as analogous to the skin or cu¬ taneous system of the higher classes. The hardness of the calcareous or horny en velope of the greater number of insects is owing, in Latreille’s opinion, to the consistence of the excretion, interposed between the dermis and the epidermis, or what is termed in man the mucous tissue. This excretion also contains the brilliant and varied colours which add so greatly to the beauty of the class.- According to M. Odier, who has attentively examined the composition , of the harder parts of insects, the substance of this envelope is of a peculiar nature. He has named it chitine. He observes that the phosphate of lime forms the great proportion of all the salts contained in the teguments of insects, wjnle that ingredient is but trifling in the covering of thp Crustacea, although the lat¬ ter abounds in the carbonate, which is not found in the other class.3 The facts stated by him militate against.tfie analogies attempted to be established on the subject; and the observations of M.: Straus go far to demonstrate that those teguments do not form a frue skeleton, but really re¬ present the skin of the vertebrated classes. When we use the wurd skeleton, then, in relation to insects, the reader will understand its application merely to the external gg- vp^jg, ; ' * afninn oif-m/ >TjLaidimc On analysing the elytra of the cockchafer, M. Odicr as¬ certained the existence, Isf, of albumen ; 2d, of an extrac¬ tive matter, soluble in water ; -‘W, of a brown-coloured ani¬ mal. substance, soluble in potass and insoluble in alcohol; of a coloured oil, soluble in alcohol; bth, of three salts, viz. subcarbonate of potass, phosphate of lime, and phos¬ phate of iron ; dth, of a peculiar substance which consti¬ tutes a fourth part in wrnight of the elytron. Albumen is so. generally distributed among the animal organs that its presence was to be expected. But the oil is deserving of further experimental observation. Hobiquet found it of a green colour in cantharides; while, according to Odier, it is brown in the cockchafer, and red in a species of crioee- ris. Now as each of these insects is itself of a correspond¬ ing hue, it is natural to suppose that the oil is the colour¬ ing matter. The peculiar substance which forms so large a proportion of the elytra is named chitine by M. Odier. If we plunge a coleopterous insect into , a solution of potas¬ sium, and keep up a pretty high temperature, we shall observe that the so-called skeleton neither dissolves nor changes its form .; it merely becomes discoloured during the operation, while all the viscera and interior muscles disappear; and whatever remains of the insect is chitine. This substanqe .exists in the whole of the envelope, and is also found to occur in the more solid covering of the Crus¬ tacea. If .however we,compare the preceding results with those obtained by M- Chevrcul in the course of his experiments on. crustaceans animals, we shall perceive some remarkable distinctions, in the constitution of their harder parts. The presence of subcarbonate of potass is a striking character among insects. It does not occur in the class Crustacea. The phosphate of lime, a sparing ingredient among the latter, 1 Carus’s Introduction to Comparative Anatomy, translated by Gore, vol. ii. p. 389. * Rtgne Animal, t. iv. p. 2. * Mem. de la Soc. d'Hist. Nat. t. i. p. 29. 64 E N T O M External forms a preponderating part of the salts irt the envelope o Anatomy, insects, while the carbonate ot lime is absent, althoug i forms the base of the carapace or covering of crabs and lobsters. It has been stated as a regulating law m animal chemistry, that the bones of the higher orders have more of the phosphate and less of the carbonate of lime in their composition, while the proportions were reversed among the inferior tribes. But the observations of M. Odier show the inadequacy of chemical character to serve as a basis on which to found our analogies of organization ; for if strictly applied to insects, that class must be removed trom the place which they now occupy in our system, and be com¬ bined with others of a higher nature, with which in truth they have no connection. The harder and more solid parts of insects are certainly to them what the internal skeleton is to the vertebrated tribes. They form the support and frame-work of the body. It is on this account that the term skeleton, though not strictly applicable, has been used, both in ancient and mo¬ dern times, to designate the corneous external srjstem of these creatures. This comparatively solid system is itself formed by the union of many parts, which however have received no general name; so that, while in discussing the vertebrated tribes we merely say that their skeleton is formed of bone, all that we advance in regard to insects is, that it is composed of pieces. In the higher tribes each individual bone is well known by its own distinctive name ; but the insect tribes in that respect have been but obscurely defined. Guided by the light of human anatomy, observers have sought to disco¬ ver in insects all those parts to which they could apply pre¬ viously established names; but analogies based upon mere appearance are incapable of great or useful extension ; and insects would certainly have been better known had they been studied in the first place individually, and no far¬ fetched comparisons instituted till after a more ample know¬ ledge of actual organization. But instead of this, the best determined functions of the superior animals have been assumed as points of departure, and all the parts of insects which seemed to fulfil the same purposes have been deter- minately regarded as analogous. Now it is quite admissi¬ ble to say, that in insects, as among the vertebrated tribes, there is progression, vision, manducation, &c. because these are the attributes, more or less general, of all living beings ; but it has not always been demonstrated that particular and more special functions are always performed by the same or apparently corresponding parts. M. Dufour, how¬ ever, has announced the following results in relation to the articulated animals themselves: \st, that the skeleton of the Crustacea and Arachnides (two important classes already described in this work) does not differ from that of insects except by the mode of growth of the rings of which it is composed; 2c?, that those two classes of animals and in¬ sects themselves do not differ among each other, but by the greater or less extent in the development of the parts of which they are composed. The same may be asserted in regard to the disparities observable between the different conditions of insects in the larva, the chrysalis, and the perfect state. The vari¬ ous forms under which the same species is exhibited, and the singular and sometimes sudden transformations to which it is subjected, are'found to result, when analysed, from the growth of parts. This has been demonstrated by the writ¬ ings of Swammerdam and other modern writers on the ana¬ tomy of caterpillars, as well as by the beautiful and more recent observations of Savigny on the mouths of Lepidop- tera in the perfect state, compared with the same parts in their earliest condition.1 The observation is particularly O L O G Y. applicable to the solid parts of insects. In the larva each segment exists under a nearly uniform development, while in the perfect state several of these segments have acquired a prodigious increase. 1 his is the cause of the vast dif¬ ference in their exterior envelope at different periods of their existence. The nymph or chrysalis is in the inter¬ mediate condition, and is formed, like the larva, of simple rings, which, however, no longer exhibit an equal degree of uniformity. But the perfect insect is the final term of transformation. Considered in a general way, its co¬ vering does not essentially differ from that of the larva; but the three segments next the head have acquired a great increase of bulk, to enable them to support the appendages of legs and wings, which were merely ru¬ dimentary, or scarcely existent, in its first condition; and the distinction of head, thorax, and abdomen becoming strongly visible, the entire aspect of the insect has under¬ gone a change. It is highly interesting to observe the influence which the decrease or development of one portion of structure exercises upon another ; in other words, the constant and intimate relation of the proportion of parts. The maxi¬ mum of increase in the metathorax is always in relation to the rudimentary state of the mesothorax, while, on the contrary, the development of the latter produces or accom¬ panies the decrease of the former. Thus also the parts of the mouth, as demonstrated byM. Savigny, are sometimes free, and capable of varied movement, for the purposes of mastication ; while in several tribes they are brought close together, lengthened, and as it were amalgamated in the form of trunk or sucker ; and so the segments of the tho- in the different orders, more or less disunited among themselves, support the wings, the balancers, the elytra, according to the various kinds. From these and similar considerations have been deduced the conclusion that the increase of one portion exercises over the neighbouring portions a peculiar influence, which explains whatever dif¬ ferences may be remarked in the individuals of each order, family, and genus. And this general consequence, which results from numerous observations, necessarily includes and accounts for that incoherent series of anomalies so puz¬ zling to the superficial inquirer, but which are only regard¬ ed as such, because the labourers in the field of anatomy have but seldom taken into their consideration the totality of the articulated animals, and have more seldom still thought fit to occupy themselves in a careful comparative analysis of the parts which enter into the composition of the external skeleton of these despised tribes. We shall here briefly consider the essential characters of the so-called skeleton among the articulated tribes. It is composed of segments, which are themselves formed by a determinate number of pieces ; but their most obvious cha¬ racter is, that they are provided with a pair of feet, and with two openings to the respiratory organs. But along with such segments as present these parts, we may usual¬ ly observe many others which are not so provided, or at least in which the feet are wanting ; and they may either differ in their size and proportions, or closely resemble each other in those respects. In the latter case, the most simple form is exhibited $ and if we ascertain the composition of a single segment, and their amount, we have a knowledge of the entire animal. This simplicity of form, however, is not often observable ; for it more frequently happens that the same individual presents great disparity in the size and composition of its segments, and in the appendages with which they are furnished. The Scolopendrae (belonging to the class Myriapoda) ex- 01 41 1 Mtmoires sur les Animaux sans Verttbres* & ENTOMOLOGY. 65 External hxbit, according to M. Dufour, one of the most simple forms natomy. 0f the articulated classes, in as far as they present the great- est uniformity of character in the parts of which they are composed. Even in them, however, we may observe, at the anterior portion, some pairs of feet, which are rudimen¬ tary, and crowded together towards the hehd; so that it would be possible to figure an animal still more uniformly composed, by supposing that the feet thus thrown together had been developed uniformly with the appendages of the ensuing segments. We should then have had to recognise merely a head, and a certain number of rings, all of a like nature. But it might be possible still further to reduce and simplify the proposition, by regarding the head itself as an assemblage or union of segments, bearing appendages merely analogous to the feet. Thus, to realize the suppo¬ sition of a skeleton uniformly constructed throughout all its parts, nothing more would be necessary than to give to the segments of the head a development equal to that of the others, and to restore to its appendages (the feet) their essential usage, that of locomotion, instead of the secon¬ dary usage to which they had been subjected. This view has been presented in order to exhibit what has been re¬ garded as the fundamental plan of insect formation; for it is in truth the corresponding or unequal increase of the segments, the union or division of the pieces of which they are composed, the maximum of development in some, the rudimentary condition of others, that form the agreements or differences of character in the entire series of articulat¬ ed animals.1 If the development is uniform, or nearly so, in each segment, we have the condition of the Annelides, of worms, and of the larvae, of insects. If, on the contrary, this equilibrium is destroyed, and the maximum of increase takes place in the first, second, and third segments ensuing the head, we have the form and character of a perfect in¬ sect ; if the change is still greater, we reach the Arachnides ; if greater still, the decapodous Crustacea. The importance of studying the skeleton of insects is greater than even among the higher classes, because, being essential, it forms a genuine basis, and being at the same time external, it offers to the eye of the zoologist a ready mode of determination. While engaged in the consideration of the various or¬ gans of insects, a numerous list of disparities in structure might no doubt be collected, and the term anomaly, ac¬ cording to its frequent but by no means philosophical ap¬ plication, brought into constant use. That fatal word, however, has been too often substituted in place of an ex¬ plicit interpretation of phenomena not in any wray difficult of solution, certain general principles being kept in view. Of these, one of the most importance is, that all the differ¬ ences exhibited by insects, and all the so-called anoma¬ lous organs which they present, are the result of a greater or less development of certain parts existing generally throughout the entire class.2 The contrariety of opinion among naturalists regarding the existence or proportion of certain parts of structure, has arisen partly from a discor¬ dance in the use of terms, and partly from the organs themselves not being submitted to a careful analytical in¬ vestigation. It is thus, for example, that the names of sternum and scutellum, in place of being bestowed on por¬ tions of which the contours have been precisely determin¬ ed, have only been applied when these portions happened to exhibit certain accidental and conventional characters. By this means we read in almost every page of classifica¬ tion, that one insect possesses a scutellum and that another does not; or that a particular genus is characterized by its existence, and another by its absence ; while the fact is, that these parts exist in all insects, although the names in External their usual application have been bestowed only upon pe- Anatomy, culiar and not very important variations in Xhc form. SECT. II THE EXTEUNAL CHARACTERS OF THE PRINCIPAL SEGMENTS OF AN INSECT’S BODY, VIZ. THE HEAD, THORAX, AND ABDOMEN. The form of the external covering of insects, even of the same species, differs greatly according to the existing condition of the individual. The segments of which the bodies of larvae are composed are generally of a uniform size when compared with each other, and the singular phe¬ nomena presented by metamorphosis consist chiefly in the greater development assumed by certain segments than by others. The nymph (called chrysalis among the Lepid- optera) exhibits the intermediate or transitionary state. It > segments are unequally developed, and this inequality is greatly increased on the assumption of the final state, in which certain segments are prodigiously enlarged, while others suffer a corresponding diminution. In the imago, or complete condition, the three segments next the head under¬ go the most notable alteration ; for, besides their increase of bulk, they become furnished with wings and articulated legs, which had previously existed in a very rudimentary condition. In that state also the relative proportions of the segments are so changed that the identity of several becomes difficult to recognise, and the most obvious divi¬ sions henceforth consist of head, thorax, and abdomen. These parts are severally characterized by peculiar attri¬ butes, the nature of which we shall now endeavour to ex¬ plain. The head is by far the most complicated portion, and it is necessary that its structure should be well understood, as it furnishes the most important characters on which mo¬ dern genera are founded or made known. The parts most deserving of attention are the mouth, antennae, and eyes. The organs of the mouth present in their different com¬ binations a great variety of form among the articulated classes. In relation to all such animals as are provided with a head, more particularly the vertebrated tribes, the term mouth is never of ambiguous application, but refers to those parts which are placed exteriorly at the entrance of the intestinal canal, and effect the process of mastication ; but in regard to the acephalous or nearly headless tribes, such as annelides, worms, and the radiated animals, its ap¬ plication is less definite and precise. Among the great series of living beings included by Linnaeus in the class of insects, all of which are furnished with a head, the parts of the mouth are no longer doubtful. It has been remarked, however, that the sucker of the larvae in the last family of the dipterous order being entirely interior when not in use, presents a singular approximation in that particular to the intestinal worms. It will be readily conceived that the mouth of insects must be adapted to the particular manners of life peculiar to each natural group, and must therefore vary in accor¬ dance with their instinctive habits. It was thus that even the earliest naturalists perceived and expressed the distinc¬ tion between insects provided with teeth or cutting jaws, and those furnished with trunks or suckers. The use of the microscope in modern times, and the deep desire which prevailed towards the conclusion of the seventeenth and commencement of the eighteenth centuries, to illustrate the mysteries of animal organization, produced much more de¬ tailed and exact accounts of the parts of the mouth in insects than were previously possessed. The works of Leeuwen- 1 Ann. des Sciences Nat. t. i. p. 115. YOL. IX. * Ibid. p. 102. I ENTOMOLOGY. External hoeck, Swammerdam, and Ileaumur are mines of informa- respect, that their rn^,(|n’1^t^j1 They AnaS' Anatomy, ti^n ; vy’hde Scopoli and Degeer still further generalized the ^ ^ observations of these illu-striptm natma ista.,,, Seop i Ja5»eing smalland slender in the glow-worm (Lampyrts), (Sery^Upns, , „ believe, was the first to apply the knowledge of these parts in charatptgrizing the genera of the hymenopterous and dip¬ terous orders ; but it is to a celebrated disciple of Linnaeus, John Christian Fabricius, that we owe the first general theory of the parts of manducation, and its application to entomology in general. oaflOD, m .nllimloT vd The alimentary substances sought for by insects are either comparatively hard and solid, or of a more soft and fluid nature. Thence we find upon examination numerous tribes of insects provided with a mouth so constructed as to tear and masticate the substances on which it is design¬ ed to act; while many others are characterized by a tube- like nid^lh 9rresembling a delicate tongue extended when in action, and spirally rolled upon itself when in re¬ pose. lienee the great primary distinctions among the prders. of insects, and their recognised division into masti- catprS; (ni&ndibulata) and suckers (Jiaustellatd), the former living on solid substances, the latter on such as are fluid. Whatever may be the structure of the mouth in insects, it is to one or other of those types of form that each must be referred. We are indebted to. the beautiful researches of Savigny (1811) for the first accurate analysis and elucida¬ tion of these parts, and of their relationship throughout the articulated tribes. Latreille, however, had previously insti¬ tuted a slighter comparison between the mouths of the suc¬ torial and mandibulated tribes, as Lamarck lias admitted ijjtjhjs.reppfl on Savigny’s, s$j*f]feqoiq lolnsig mit miomA Savigny divides insects formerly so named into two groups, the )iexapodes, or such as have six feet, and the upiropodes, or such as possess a greater number. The mouth of the latter forms two proper types distinct from those of the former ; but it is with the (polymorphous hexa- podes, or such as undergo transformations, that is, insects properly $0 called, that we are now' concerned. We shall first consider the parts of the mouth in the masticating tribes. They are essentially as follows: The labrum, the mandibles, the maxilla:, the palpi, the labium, and the mentum, the two latter, according to the views of different observers, sometimes passing under one and the same name. The reader may here consult Plate CCXX, fig. 1, a, b, c, d.1 The lab/urn or upper lip (fig. 1, a) is a fattened some¬ what deflexed portion, consisting of a single piece,2 placed on the upper side of or above the mouth, and capable of moving upwards and downwards, or vertically. It is vari¬ able in form, buf is usually somewhat square, often wider than long, and frequently notched or bifid. It is of a hor¬ ny consistence, sometimes coriaceous, or even approach¬ ing to what may be named membranous in certain tribes, and is attached to the anterior portion of the head by a YlffiL JjDikicnut grehmil mU to unfit ton The mandibles or upper jaws (rmndibidce, fig. 1, bb) are two strong horny pieces, generally of a triangular form, more or less curved, convex externally, concave on their inner surfaces, and frequently toothed or serrated on their interior edge. They are placed on each side of the mouth by insertion on the sides of the head, immediately beneath the labrum or upper lip, which usually covers their base. They are each composed of a single piece of a hard con¬ sistence, and may be said to correspond to the jaws of the mid very large, projecting, and antler-like in the stag bee- tle (Lucanus cervus), the species which we have selected for our engraved illustration. These internal surfaces are fre¬ quently parallel, but their dentations are not always the same in each, the projections of the one being however fre¬ quently so arranged as to enter the concavities of the other in order to admit of their closer union. But this is not seldom prevented by the curvature of the tips ; and in se¬ veral instances, where the mouth is wide, and the mandi¬ bles rather remote from each other at the base, the blades cross each other a little beyond the centre. The denta¬ tions of the mandibles, though sometimes called teeth, are merely, projecting parts, although in the orthopterous tribes a coriaceous lamina seems in some respect to distinguish them from the body of the mandible to which they are attached, thus exhibiting an approach to that mode of fix¬ ture called gomphosis, in which one bone is fixed within another, as in the teeth of the higher tribes. The mandi¬ bles are more variable in their form&than the maxillae, and may occasionally be observed to differ (as in the genus Lu- cumisi) in the sexes of the same species. Immediately beneath the mandibles are situated the maxilla ov under jaws (fig. 1, cc), which are likewise placed on each side of the mouth, and take their origin from the inferior and internal part of that cavity, near the origin of the under lip. Like that of the preceding parts, their ac¬ tion is horizontal, but their texture is less rigid, approach¬ ing to membranous, their colour usually paler, and their internal edges toothed, or finely fringed with hairs. The different portions of the maxillae have received different names, such as the cardo or hinge, the stipes or stalk, and the lobus or lobe (one or more) winch forms the terminal portion. The last named is the most important portion, as it acts upon the food when preparing for deglutition, and when armed with teeth its substance is as hard as that ol tlie mandibles. “ Tins part,” says Mr Kirby, “ is either simple, consisting only of one lobe, as you will find to be the case w ith the Hymenoptera, Dynastidee, Nemogvatha, and several other beetles; or it is compound, consisting of two lobes. In the former case, the lobe is sometimes very long, as hi the bee tribes, and at others very short, as in luster, &c. The bilobed maxillm present several different types of form. Nearest to those with one lobe are those whose lower lobe is attached longitudinally to the inner side of the stalk of the organ, above which it scarcely rises. Of this description is the maxilla in the common dung bee¬ tle (Geotrupes sttreorarius), and rove beetle ( Staphylinus ole?is). Another kind of formation is where the lower lobe is only a little shorter than the upper ; this occurs in a kind of chafer (Macraspis tetradactykt, Macleay). A third is where the upper lobe covers the lower as a shield; as you will find in the Orthoptera order, and the Libellulina, and almost in Mdoe. A fourth form is where the upper lobe somewhat resembles the galeate maxilla just named, but consists of two joints. This exists in Siaphylinida, &c. The last kind I shall notice is when the upper lobe not only consists of two joints, but is cylindrical, and assumes the aspect of a feeler or palpus. This is the common cha- vertebrated tribes, the process of mastication being pyincir raefcer of almost all the predaceous beetles • (Eutoimphagi, pally performed,iflyKtjp^ipnn9,J'shey differ, however, in this Latr.).”3 This, lobe, which has been usually regarded as an •pi mwiin bin; .wood nldmmi nr •tiiiinu;')!! vd hooiJott vianot/ .tnuidci oiit mod wnjJmnia sti ni sTiffifa ‘isav •oinlfe orb no anoxtowiasdo aid ni umndn! orfl idi olimtoJ ji &r; boi'-oqruoo ban .rnrg'io null iuulj xolqmoo oiorn gurw 1 a. is the labrun^, surmounted by its broad nasus-t b the mandibulae; c the maxillse; with their jointed p&lni; d the bifid labium, with its two palpi and broad basal portion or mentum. * In. the female of a small bee of the genus Halictus it is said to be furnished with a slender appendage. 3 Jntroduc. to Entom. vol. iv. p. 442. ... 1 -Si f q .vx .lov awotua. ot .aiutfmaX ENTOMOLOGY. 67 I icternal : latomy. I additional palpus or feeler, is strictly analogous, in Mr Kir¬ by’s opinion, to the upper lobe in other insects, and he thinks it ought rather to be called a palpiform lobe than a .palpus. When there are two lobes, the upper one is most common¬ ly the longer ; hot in many species of the tribe last allud¬ ed to, the lower equals or even exceeds the upper in length.1 Most of the predaceous beetles have the inner lobe of the maxilla; armed with ai terminal claw, which, among the Ci- cindelidae, is articulated and moveable, but fixed in the other carabideous kinds. The maxillae are chiefly serviceable in holding the food, and preventing its falling from the month during tlie action of the mandibles, although in certain cases they no doubt also act their part in comminution. They are more fixed in their forms than the mandibles, and are of more essential service to the naturalist for the purposes of classification. Fabricius, indeed, has deduced the principal diagnostic of ten out of the thirteen orders (or classes, as he terms them), of which his system is com¬ posed, from these important parts. We shall now briefly notice certain appendages of the maxillae, the existence of which forms another distinction between them and the mandibles or upper jaws, which are never so provided. Towards the middle of the outer edge of the maxillae are attached two slender articulated filiform processes, known under the name of palpi (see the figure above referred to) ; the longer pair being the exter¬ nal, the others the internal palpi. Both are called maxil¬ lary, to distinguish Them from the labial palpi, afterwards mentioned. According to the view expressed by Mr Kir¬ by in the preceding quotation, the reader will perceive that each maxilla may be regarded as properly possess¬ ing only one palpus, although in certain tribes the upper lobe being jointed and palpiform, has occasioned its being regarded as one of these organs. The palpi are distinctly articulated, or composed of several jointed parts, and are capable of rapid and extended motion. They derive their name from a Greek word, which signifies to feel, and are supposed to constitute one of the principal organs of touch. Their uses, however, in the insect economy have been variously interpreted. Bonsdorf regarded them as the organs ot smell; while Knock, agreeing in that opinion so far as regards the maxillary palpi, conceives that those of the labium exercise the faculty of taste. Cuvier and Kirby favour touch as their true function, and this view is confirmed by the constant use which numerous species make of these organs while walking, by applying them perpetually to the surface of whatever objects they pass over. That they perform that function is rendered ex¬ tremely probable by their structure, which is beautifully adapted, by its peculiar pliancy, to the examination of the substances with which they come in contact. They are in some respects analogous to the articulated extremities which form the principal seat of the sense of touch in ver- tebrated animals. It has also been noticed that several aquatic beetles, while swimming, bend back their anten¬ nae, and stretch forward their palpi, as if to explore their way through the ambiguous and weedy waters; As acces¬ sory to the maxillae, they are no doubt also employed in the selection of the most suitable alimentary portions of whatever substances have been previously seized upon by the more powerful parts of the mouth. In many insects there is only a single palpus to each of the maxillae. the mouth is covered above by the labrum, or upper i ^ c^ose^ below by the under lip, or labium (fig. 1) d). The latter differs in its structure from the labrum, being more complex than that organ, and composed as it were of two portions joined together. It varies in its form. is irsually notched in front, and frequently furnished with External a triangular tooth in the centre, which is sometimes bifid. Anatomy. Mr Kirby defines the labium as a moveable organ, often ' biartfculatey which, terminating, the surface anteriofty, Co¬ vers tiie mouth from beneath, and is situate between the maxillae. It includes the mentum and labial palpi. The more uncovered portion of the labium, or that which pro¬ jects from the basal portion, is now named langmtte dr li- gula by Latreille, in consonance with the noTnenclfttjife* of Fabricius. 'The mentum, or chin, is the lower joint of the labium when the latter is jointed f in other cases its flaSe. Some contrariety of opdniofi seems to exist In the Ab- menclature of these parts. Mr Macleay bestows the flame of mentum on the middle piece of the lower apparatus of the mouth; ^ Its anterior portion, to which the palpi are/'so frequently attached, he calls the labium, while' the basal part of the mentum is designated the stipes. In this view the labium of Macleay corresponds to the ligula, or rather tongue, of Kirby, while the mentum of the latter is analo¬ gous* to the stipes of the former; for it appears that the term mentum is only applied by the author bf the Intro¬ duction to Entomology to the lower division of the labium, when that organ (as in Hydrous piceus) appears to cdpsist of two joints hr pieces. When there is no apparent divi¬ sion, or the only separation consists in a transverse elevated line (as in some lamellicorn beetles), or an obtuse angle formed by the meeting of the two parts, then tire entire piece (the mentum merging in it) is regarded by Mr Kirby as the jaodfif huJi.uidu.uoia Jum knoJ Among the greater proportion of masticating insects there is-placed anteriorly at each side of the ligula a small sup¬ porting piece or article, which takes its rise a little above the pharynx, and is terminated by a projecting appendage. These parts were named paraglossee by Illiger; and M. Latreille regards them as the true representatives of the tongue of the higher tribes. The labial palpi (Fig. 1, d), are inserted on each side of the ligula, and are usually longer than the internal and shorter than the external maxillary palpi. These palpi have never more than' four articulations, in which they also differ from the exter¬ nal maxillary, which range from four to six. They are called labial palpi, because in many eases they derive their origin from the labium strictly so called; but in reference to Mr Kirby’s nomenclature of the parts, they might with equal propriety be denominated lingual palpi, since they not unfrequently emerge from what that excellent observer considers as the tongue. Among the predaceous Gbleqp- tera, indeed, their source seems common to both these parts, as their base on its upper side is attached to the labium, on its under to the ligula or tongue. 0 V In some insects, such as the Orthoptera and dragon-flies, the membranous portion with which the anterioi* or inter¬ nal face of the ligula is furnished, is thick and dilated near the centre, in the form of a little tongue, and is often divid¬ ed near the middle by a groove. This portion, in the opi¬ nion of Latreille, probably occupies the place of the pa- raglossce; for these latter, in the instances referred to, are wanting, or not to be recognised. * } :0! 7* ' ; These are the principal parts of the mouth among the masticating insects. At the anterior root of the ligula, and a little lower than the middle of the interior space which intervenes between the mandibles, is placed the pharynx. In many Hymenoptera this orifice of the oeso¬ phagus opens and shuts by means of an appendage, pre¬ viously noticed by Reaumur in humble bees, and taken by Latreille for the labrum, in his observations on the struc¬ ture of wasps. Savigny has since paid particular attention irjqqx. ;ifc c v i<> -;>li 1 Jntroduc. to Entom. vol. iv. p. 442. .Stt 68 entomology. External to it, and has named it the epipharynx or epiglossa. La- lar, ^ ^ tube^open on thlflippSTurfece. Anatomy, treille conceives it would be more simple to call it the sub- ally folded so. , ^ter the preceding parts because it is inserted beneath the anterior and su- In ^ perior margin of the head, immediately after the origin of are lodged and comP«se ^ the dl i bave disap: the labrum! It is formed of two flattened portions, en- When there a?e tirely or in great part membranous, applied the one upon peared ^ ^he Y the maxiuary, are ex- the other, and of a triangular form. The upper portion is four of these Part"’ ^ ’ tible Sometimes, as the most advanced. This epipharynx, instead of being tremely small, ^ ^Swe; lip 1^4“ no^ peculiar, as some have supposed, to the Hymenoptera, may among the PWJ^^ be safely regarded as exMmg in the other masticating m- ^ r"dlwe make frequent use of the lat- sects, particularly the Coleoptera, among n me i 1 t m jt mav be vernembered that its application is not represented under a modified form o s rue me strietlv correct as it is not by suction, or the production membrane which clothes the corresponding portion of the alimentary juices mount towards the ^ Although the hymenopterous tribes differ from the other pharynx, but rather by the continuous pressure of the mandibulated-orders, by the prolongation of the maxillae parts upon each , ,, , ib th Lepidop. and,labium, and the valvular aspect of the former, yet the Of all he carts of the mouth do not present any essential distinction, tera are those which differ least tiom the type ot the man the8eLerS) however, con- delated order, i" "otere sists as Savianv informs us, in the absence of the men- account they have been made to follow in a supposed na turn’properly so^alled. They also exhibit this disagree- tural sequence the hymenopterous insects. Their mouth mrat ftom the other masticators, in as tar as their maxilla, seems to consist of a labmm and of two extremely sma embracing longitudinally the sides of the labium, these mandibles; of a trunk spirally rolled, improperly regarded parts unite together so as to form a tubular body or trunk as a tongue, and presenting interiorly and throughout its }“*>)^rv4 for suction. As their aliments consist entire length three canals, of whrch, however, *e central of softish substances, or of nectaroiis juices, which, passing between the maxillae and the labium, by means of the suc¬ cessive pressure i©f the former parts upon the latter, eventu¬ ally arrive at the pharynx, they may in truth be regarded as semi-suctorial. Even the Rhinchophori among the Cole¬ optera, and; the Panorpati in the neuropterous order, are furnished; with an apparent trunk or prolongation of the Extern Anatom alone serves for the influx of the alimentary juices, and formed of two linear or filiform bodies, surrounding the pharynx at their origin immediately beneath the labrum. They represent, under peculiar forms and proportions, the terminal parts of the maxillae, united, hollowed into deep gutters on their internal side, and bearing each a palpus, usually very small and tuberculiform. There is also a la- lurmslieu wiui an apparent u-uiik in piimmgawinx m * , . , .. . „ , r. , muzzle (promstrum); but that peculiarity is nothing more bium or lower hp, of a nearly triangular form, immoveable, than an extension of the anterior portion of the head ; and united, as formerly mentioned, to the inferior part of the the organs of manducation, placed at its extremity, though maxillae, which supports the filiform or trunk-like portion, of diminished size, in no way differ in structure from those and bearing two triarticulate palpi, covered with scales or of the other groups of their respective orders. We may hairs, and placed on each side ot the trunk, for which they add, that the labium or lower lip in the hymenopterous form a kind of sheath. The intermediate canal of the tribes is generally moveable at its base, as may be observed trunk is produced, according to the detailed description in the corresponding tribes of the suctorial insects. In the suctorial or haustellated orders, properly so call¬ ed, the organs of the mouth appear at first sight to differ entirely from those above described. The parts which are regarded as analogous to the maxillae, and frequently even those which represent the mandibles, are fixed and im¬ moveable, either entirely so, or towards their base, and (in regard to the maxillae) as far as the origin of the palpi. When the terminal portion is moveable, it is long, narrow, linear, sometimes in the form of a thread or bristle, some¬ times resembling a dart or lancet, and fitted for piercing given by Reaumur, by the union ot the gutters of the in¬ ternal face of the filiform or extended portions. The sucker of the hemipterous tribes received from Fa- bricius the name of rostrum, a term translated beak (bee) by Olivier and other entomologists of France. A blade more or less linear, coriaceous, divided into three or four articulations, rolled up at the edges so as to form a conical or cylindrical tube, always directed inferiorly while inac¬ tive, and presenting along the centre of its upper or ante¬ rior surface a kind of canal produced by the opening left between the rolled-up margins,—a sucker composed of four The pharynx is the central point around which these por- slender, capillary, corneous, flexible, and elastic threads, tions arrange themselves after the tubular form. Some- disposed in pairs, but combined together, with the two in- times the lower lip, united with the inferior portion of the ferior portions united in one at a short distance from their maxilli*, and fixed like it, closes the cavity of the mouth, origin,—a small piece in the form of a triangular ligula, usu- and the maxillae then constitute a kind of spiral tongue, ally toothed at the extremity, rather coriaceous or almost In other cases it is greatly prolonged, and assumes the membranous than of a scaly texture, and covering from be- form of an articulated tube, or of an elbowed trunk, usually hind or from the sides of the tubular body the base of the terminated by two lips susceptible of dilatation. In either sucker, and inclosed along with it in the groove of the gene- of the latter states it serves as a sheath to certain portions ral sheath,—another piece of the same consistence with the of a scaly structure and piercing nature, in the form of a preceding, Corresponding by its insertion, and the position bristle or lancet, and representing the other parts of the which it occupies, to the labrum or upper lip, covering mouth. Sometimes this sheath (as in Pulex) is bivalvu- from above the base of the sucker, most frequently itself .;* ii.s: J.——Lii;—u—1' 'i! i ■/ : .-11 .J.—U-L———l’.:; -—1 1 —1 ' ,i' ,1--—« —; • -‘ffi 'to aoxJqeoOT «dl iai svootfg dm efrdirixd fnoiJ!&q niii > > u 1 See Plate CCXX. Fig. 5 exhibits the structure of the mouth in Papilw Maehaon ; a the head viewed in front, exhibiting the round eyes, one turn of the spiral proboscis, with the pilose labial palpi on each side ; b shows the tubular spiral maxillae (which by their union form the proboscis), with the vestiges of palpi at their base; the circular apertures on each side at the bottom of the figure indicate the insertion of the labial palpi; c represents the cleft labium and the two palpi, the left one being deprived of its scales to show the articulations ; d is the minute labrum, with the mandibles on each side of it, ciliated on their internal edge. Fig. 8 exhibits the mouth of another lepidopterous insect, the Lyndia cannarum of Savigny ; a the eyes, scaly spiral proboscis, and the four palpi; 6 one of the maxillae, with its palpus ; c the labium and palpus ; d the labrum and raandibulse. - I ENTOMOLOGY. 69 fi txternal likewise inclosed in the sheath, and of a more or less elon- The centre of the superior face of the stalk also presents External n latomy. gated triangular form,—these are the parts which enter a groove or gutter for the reception of the sucker. The Anatomy. ^ into the composition of the beak-like mouth or rostrum of number of pieces in the sucker varies according to an the hemipterous tribes.1 * The single superior portion which arithmetical progression of three terms, of which the dif- Latreille regards as the analogue of the labrum, appears ference as always two—2, 4, G; but in all cases there are to cover, at least among the Cicadae, the base of another alw ays two portions which are not paired, the one superior, more elongated and pointed portion, which has been view- representing the labrum; the other inferior, placed behind ed as corresponding to the epipharynx.- I he other single the' pharynx, and tire analogue of the tongue or hypopha- and opposing portion, protecting from behind the origin of rynx. Among the Dipjera, as well as in the suctorial tribe the sucker, and placed immediately behind the pharynx, (Puleve), the latter portion is always scaly and piercing, and represents, according to Savigny, the tongue or hypopha- contributes, in common with the others, to the purposes of rynx. The two superior filaments of the sucker, or those nutrition. It is otherwise with the Hemiptera, and this di$- which are exterior, replace, or rather represent, the man- tinction forms a new character of separation between that dibles, while the two others may be regarded as maxilke. order and the insects now under consideration. The parts Finally, the tubular sheath assimilates to the labium or representing the maxilhe always exist, and are frequently lower lip, even in regard to its articulations. Sometimes accompanied each by a palpus; but these maxillae are sol- the sheath is bifid, as in Thrips ; sometimes it is divided dered to the support, and are indistinct, except m-here into two plates, as in Pulex. The first of these genera is their apical portion becomes moveable and elongated, and stated by Latreille to be the only one in which he has dis- presents the form of a seta or horny lancet. This always covered palpi. He thinks that the parts taken for-such by takes place when the sucker consists of from four to six Savigny in Nepa Neptunia (see Plate CCXX. fig. 6, as pieces. In the latter case two of them represent the man- described in the preceding note), are more probably the dibles; in the other, or where the sucker is composed of rudiments of an articulation of the sheath. Germar indeed only four setae, these ai;e wanting, or merely rudiment* admits four palpi as characteristic of a new hemipterous ary. Sometimes also the labrum, almost always vaulted genus of tlie family of Cicadariae, named Cobax; but and large, seems to offer the vestiges of another piece, Kirby, who about the same period published an account which,, under a fuller development, might no doubt be of another generic group under the title of Otiocerus, and regarded as the epipharynx. Sometimes the support is which offers analogous parts, does not regard these as very short, and in this case the pieces of the sucker leave palpi, but as simple appendages accompanying the an- the cavity of the mouth, and the maxillary palpi are in- tennae.3 serted on the sides. The Hippoboscae, or pupiparous Dip- In the dipterous order, such as gnats and common flies, tera, differ from all the rest in the absence of the sheath ; the mouth exhibits a great resemblance to that of the pre- for the palpi, under the form of two coriaceous elongated ceding tribes.4 * The union of the different parts forms blades, perform its functions, and advancing in a parallel what is usually in that order called the trimk or proboscis, direction, cover and protect the sucker. We can here also distinguish the component parts of sheath In accordance with the observations of Latreille, as well and sucker. The former in dipterous insects is divisible as with those of Savigny, Leclerc de Laval, and Professor into three principal portions; ls£, the support, distinguish- Nitzsch, regarding the structure of the mouth in such of ed from the following by an angular elbow, and frequently tlie hexapod insects as undergo no metamorphosis (hexa- by a small geniculated article; 'idly, the stalk; Sdly, the podes homotenes), the general plan of organization seems summit, formed by two lips, sometimes membranous, large, in these to be the same as among the polymorphous or- vesicular, dilatable, striated, exhibiting through the mi- ders. In Pediculus, properly so called, the only known croscope a great number of tracheal ramifications ; some- suctorial species of that division, the trunk con- times coriaceous, and either small and slightly distinct sists of a small inarticulate tube, inclosing a sucker, and from the stalk, or slender, elongated, and forming a more withdrawing itself at pleasure within a muzzle-shaped ad- obvious article, almost as long as the preceding division vancement of the anterior portion of the head. But the (as in genus Myopa). I he support is remarkable in this, organization of these parasitical species requires a renewed that it results from the prolongation of the cutaneous mem- and more careful examination. The genus Ricinus, ai- biane of the anterior and superior portion of the head, or though furnished with mandibles, maxillae, and an inferior the epistoma, united with the parts representing the la- lip, has these parts greatly concentrated, after the manner brum, to the mandibles, the maxillae, and the inferior por- of the Suctoria; and the labrum seems to perform the of- tion of the labium, as far as the mentum inclusive. This fice of a cupping glass, a character unique and unexampled character particularly distinguishes, the present tribes from in this class of animals, and one which, iir combination those of the hemipterous order. In other respects the with certain other features, indicates a peculiar type.6 sheath may be said to be constructed on the same plan. These are the principal modifications exhibited in the to »i'o vmhoo Tidim ./'iiamizo orit.Js IxjdifxjJ /U .oustnot Jmi bout s omiKfc no*) nodi adlixam adt ba 1 A66 CCXX. 'Fig. 4 represents the mouth of Cimex mgriconiis'; a is the articulated labiuih, with the eyes at each side, and the first joint of each of the antennae ; this is the sheath for the other organs, and exhibits the- groove on its oral surface i b is the sucker viewed hem above, covered at the base for one third of its length by the tubulated iubrum, and. exhibiting at the extremi¬ ty the straight united tip of the maxillae, and the recurved ends pf the mandibulae ; c, is a view of the same parts sejxirated, with the labrqm removed to exhibit tlj.e expanded, royts of the mandibulpes and maxiilae, the small opening of the pharynx, and the pointed, lim gua before it and between the maxillae. Fig, G represents the mouth of another hemipterous insect, the Neva Neptunia of Savigny, the labrum and palate being* fodfbved. The mancmulth'apjieai- at thd external sides, their summits with reflected spiculae, and theif roots near the pharynx flask-shaped. The tongue (in the interior of the figure) is trifid at the apex, underneath which the maxillae arise, and exceed the mandibulae in length. The labium, or central anterior portion, exhibits the groove for the reception of the other parts, and the oval raised marks towards the narrow end are the (supposed) vestiges of palpi. .00 oJof ) ^ Diction. Clas&iquc d'Histmre Nutnrellc, t. ii. p. 434. 3 Linn. Trans, vol. xiii. p. 12. See Hate CCXX. fig. 7, where we represent the parts of the mouth of Tabanns ItaUcus. At a the mouth is shown as ifopen- ea, or the labrum and the nAndibUhe and lingua separated, to expose the pharynx; & is one of the mandibuliE viewed laterally; c is one of the maxillae with the articulated palpus, the last joint of which is greatly enlarged • and d exhibits the labium, with its “Why api.hiu; -sioeodorq laixqg yhsoa f«OY9 orb a ; vugivjs8‘lo mruamaa oifi ,to98a as'io d.motn eortrti undevelojted, or extremely minute; bet he -oe«rs tbesr is a more favourable light in retereixv to eertais -KhtT -spe¬ cies. Thus, among the Cdeopte-a of the ^ii>-iaciiy « Xylotrogi, the. maxillary palpi of the nxf es a*v laciuaied or pectinated like some antenna. la n&aev i-\c*rc xioas the last article of the palpi is greatlydiksted, utru t:— nated by a pulpy substance. We have not hitherto attendee to the ^asmn anser Strepsi|)tera of Kirby (Rhi^Mpter which were first given in the L;Trvtftm TmRaopli^B®. ^ it we regard the insects of this order as possessed erf renrise mandibles, we must of course include tt^rn amccGr tbe masticating tribes; but as in many af theprecKnng •erders- iu wliich the parts of the naouA wQ feebly dereifiriL mandibles are observed to have become «;*blkera.ee. there is reason to suspect that the parts regwied as smA m ^trepsiptera are rather maxidaryj ip ,^|iA>dirJhp tvire would approach that of the iepidoptenatts kimfe. - .r n We have entered into the preceaiag caete^is i» ce«se- quence of the great importance winch is now -adaahed to the study of the parts of manducatkjn. Latnede mei^d seems to'be of opinion, that whenever it is possebae to cha¬ racterize genera by more obvious organs, er.e wknuser pars should not be had recourse to; and he Ceems th e pnnciofe- of the Fabrician system liable to abuse, especaiiy wooe Clairville’s example is debited Irora of easplaymg <*b the mandibles and palpi. But the truth s. that tire use X the compound microscope is scarcely ev er recr-anee in ir.-cse examinations; and it cannot be aemeti that a kwkege- of sucli essential parts is indispensabie in the iornanew « natural generic groups. The general phy>: vgeemy - ire- quently deceptive, and we can rectify our views only or recurring to influential organs. Thus the and some analogous species whidi dicer mwa thesr occge- ners in the mode of providing lor their young, and therefore tbrm a good natural group, are arse* cir^mcuisaea bv an alteration in the structure at the mouth- Out oiwiwi scarcely be separated from the primitive genus by charac¬ ters drawn from any other parts. Besides the parts of die mouth, the bead as insects pre¬ sents some other component portions w nidi nave reed .eb particular names. What Mr Kirby cau> die ntse ss r." .i: upper and anterior portion to which the labrcm e arrada- ed, and which corre^xmds to t:.e ftype&t at Fa^irk-'ns. (See Plate CCXX. fig. 1, a, upper poition.? The ^rer term w as origiually applied metapbi:*rkahy to the expanc- ed or shield-like covering of the bead ef the SCiratMeaaaE. and the expression was not inapt; but n otme to be used as a general term in relation to the strocrane at ad other kinds, it lost its propriety of apphoatian. Hence the term 7iasus or nose lias been substituted, as weai; as that ef epistowa, which signifies the /xart obant tie mttmdt. Be¬ tween die nose and the labium we find ia many speaes the nostril piece or rhinarium of Kirby. It .s very obvi¬ ous in a New Holland beede, Artapk/gth-ac^, :.* cwviiaeu. The postnasus may be seen under the form of a maagtatar piece, below the antennae and above the nose, and separat¬ ed from the latter and from die front by a deeply amipress- ed line. It is very distinct in that splendid Chk&esc beenie titm. Samm iubmi ra The/r»»v or front of insects is the Exterr ot the thee, bounded laterally by the eyes, an- Anator - t ow tbe m^eor afeter-Hose and the cheeks, and pos -eofTuT bv the vertex. The vertex is the crown of the bead, tod wonded laterally by the hinder part of the eve* *ui die ten Hes, and posteriorly by the occiput, when -eat -fert ev:-ts. Tt is the ordinary region of the stemma- -U eve-- d aowh these peculiar organs are sometimes1 —1 r .;. ^ccur kaevv-ise upon the ffons. The occiput, or > that part which either forms an angle poste- rv:tKy wv:h the vertex, or slopes downwards from it. It is boMcei iaceraiiy by the temples, and posteriorly by the :tisc« or the head, or by the neck itself. The cheeks, «*r’. aectrdine to Kirby, usually surround the anterior W; of the eyes. Lying between them and the mandibles, or tiitar representatives. The temples, tempora, form a i l■lfi■■ltinln of the cheeks to the posterior limit of the head, eanmnt: its sides and posterior angles.1 The wdirnrT tji an insect is the lower surface or under s-de « the head, and is composed, lit of the lora, a corne¬ ous ■-tgyniw machine, upon the intermediate angle of which the sits, and on the lateral ones the cardines or hBtaes hrt; at teas; a great diversity of opinion is maintained on tiie subject. In numerous tribes they seem to exercise a toL x_-.v iW.^wni-is to that of touch, being employed in espa?mg the depth of crevices, and in ascertaining by con- - me nature vi anv opposing obstacle; while, on the ocher their extreme shortness in most Hiptera, and ia nLanv * tne neuropterous and hemipterous tribes, does TiM acccre with that usage. Although of considerable ~1 >anncr in our sy stematic arrangement ol insects, the deve*opment of the antennas does not seem subjected to aav general or eerkormabie rules, and is theretore ot less vhri~ rKm rliot ot several other parts of structure. For example, we frecuentiy find a considerable diflerence to exist in the form of the antennae among species in other rtsceecs uLtunateiv allied; and even between the sexes of the same snevi.es a great disparity in size and structure is observable. Where a difierence exists, those of the male at generxlv mere developed than those ot the female. rat antennae of insects are usually composed ot small cyartainca. anacuLarions, containing nervous threads, mus- c.rs. tracheas, and cellular tissue. \ arious terms are in -at to express their form, consistence, and mode ot inser- tau. i bey are rttrttlar when the articulations follow- a griadna. and progressive order in the modifications which they undergo r tmgrmlar, when their forms alter suddenly; ryvimfneua when rounded and of equal diameter through- ofit their Length : Jihtbrm, when the cylindrical shape is haelv attenuated. Like a thread or hair ; setaceous, when Icikguiciied. and diminishing insensibly from the base to the potBt: sub ifiattil or meLshaped, when slender, but short, cykwarcal at the base, and terminated by a stiff and sharp- essea to«nt: mamhform, when each article is rounded like a bead, and if nearly equal thickness; prismatic, when ap- 1 Introduc. to Em. voL it. p. Vi'-i. * Ibid. p. 36ti. E X T O M O L O G Y. eternal preaching the form of a geometric prism: am/rrm. wbeo latoiuj. broad at the base, and terminated by an ang : iir point: fusiform, when shaped like a spindle: serrated, wtu r each article is terminated laterally by a sharp tooth directed forwards; pectinated, when these projections are straight, lengthened, and placed above each other, like the teeth ot a comb; ramose or branched, when several arpendaf-es pro¬ ject from the main body of the antenna—they are regard¬ ed as simple when not in any way so adorned : perfoitatad. when the articles are battened them the summit, to the base, and appearing as if strung on a thread through tftc centre (it is usually the terminal portion of the antennae that is so characterized); imbricated, when the articles are threaded as above mentioned, and concave at their sum¬ mit, so that each covers the base at' that which follows: clavated or club-shaped, when thick or swollen towards the summit. The club is solid when its parts are not separat¬ ed by any apparent space; perfoliated. when composed of* threaded articulations; lamellnted or foiiatetL when the parts of the club are connected laterally, and admit of be¬ ing opened and closed like the leaves ot a book ; securi¬ form or hatchet-shaped, when the last articulation assumes the form of a compressed triangle, tree at the base- but j-- ticulated by the apex. Antenna; are ais> said to be s»- cinuted or hooked when the extremity suddenK bends irseci towards the base; Injid, when, divided inte two: obtuse, when terminated by a round or blunted artientatioo ; tnmca&ti. when apparently deprived of a portion; pkirmose, wbeo thickly branched on either side, like a feather. Manv other terms are in use to express the mcdincatior.s of these important organs, most of which, however, are of a sum- ciently familiar derivation to explain themselves. The antennae of the coleopterous order nssuativ consist of ten or eleven distinct articulations. The latter number the most frequent, although several genera preser: Enoch fewer joints, as for example Paussus. in which there are only two. Others again have many more, such as a spe¬ cies of Prionus, of which the antennae of the weak i ave nineteen joints, of the male twenty. In some orth cteronn kinds these articulations amount to a hiatdred and hrtr. The antennae are inserted on the front of the head, ante¬ rior to and rather beneath the region of the eves. Their particular position varies, but they are always either ia the space between the eyes, or that below diem. As then- va¬ rious forms, as characteristic of particular groups ot specie-, will be afterwards described in the systematic part of the present treatise, we shall not here enter into further detail of structure. The uses ot these singular organs, are vari¬ ously viewed by naturalists, and there seems even vet to be more hypothetical reasoning on the subject than pre¬ cise induction from facts. Some regard them as the seat of smell, others of hearing, a greater number as the orgu's ot the sense of touch. The indurated nature of the o^ter covering in most insects would certamly lead us. a priori. to expect a special provision for the reception ot the U«- named sense. It is, however, extremely ditfic ih. in the present state of our knowledge, to come to any general esme- clusion on the subject. We shall statethe prevailing or*- nions when we come to treat of the senses of insects: and under tliat head we shall likewise explain the structure of the eyes. The thorax forms the second principal portion of art in¬ sect s body. It is itself divisible into three parts, and its component segments vary greatly in their relative prot>:r- tiops in the different tribes; the div ision which i» raerelv rudimentary in one particular group, being sometiines high¬ ly developed in another, > These parts are named the prodo- rax> mesothorax, and the metathorax. prothorax ftrom before, and laga^, thorax) is e anterior segment, aftd eoiresponds to the corselet or 71 celhr of M. Latreille: the second segment is named me- Externsd othyrax ' rrv^n middle) ; and the thirdTs knpwn as Anatomy, the axtathoraz ■ rrom .^enz, after.) " Each segment may bke^ise be distinguished in reference to its interior*, its la¬ teral. and its snyerkw portions ; and the whole united cotv- stifute the thorax, comnvn.ly so called. But although the general came ol lf»:wax is applied to the parts just named, yet the posterior two. that is. the mesothorax and the me- tataorax. are tte most dependent on each other, and are always inti-iateir united ; while the prothorax, as exemi piirsed ia the Ce^Tptera. is often comparatively free ami dtvungmshablei It is this last-mentioned segment which bears the anterior pair of feet, and it considerably exceeds the ethers in extent. In the coleopterous order,' indeed, it is the only part that is visible on the upper surface,’ the c rioint of attachment to the thitd pair ot wet. and to the second or membranous pair of wing-. have feid that each segment may be described id rfcaticc to its irrfefior. its laterai. and its superior parts. ;A piece Banted the sternum constitutes the whole of what is catieu the inferior yswtion. This is not. as too often sup¬ posed. an cxxarideal prejection. merely characteristic of certain rr.f-es. It occurs in all insects, and forms a dis¬ tract cz&racter. thretgh more or less defined and perspicu- ©as. accivraiog to the genus. It may be regarded as gene¬ rally c-Mposed of three distinct jneces, resembling in this respect the humao- sternum, which anatomists describe as crtBSLStasg oriritefy of three bones. Each of these pieces, acxjortfijtg to Mr Kirby, is apt»ropriated to a pair of legs, and each of them lias been called the sternum ; thus, in EfcStT the pnutmTmm. in the Cetoniadae the nmostemum, and is Hydropjii:us the mchidernunt. have alike been dis- :ir. jT.zstrefi by the name. Each of the Ordinary lateral por¬ tions of theibtWk io’ftrfMlNrf two principal pieces, w hich, ia c rabirtrion v ith tl>e steminn. is by some named the petty* or breast. The anterior piece rests updn the ster- maa. «6d is hence called tpiMirnam (from «r/, upon). The posterior fettral portion, called the eprmera, is connected with the preee&ag; it also adheres to the superior portion, and rests in ceruan case* on the sternum ; but-4t- bears a can.«smt nevadon to tf ;e haunches of the segment to which :t belongs, nod to these it articulate? byr means of a little pkee by the tfochantm. It dewirex'mmmymAm «#. and thigh. Lastly, there exists d eyortermrm. always supports itself ml tbe ktfter. is nometime* prolonged inferietly akkig its anteriormeggia. or. Tiecoming free, passes in advanedbf the srmr. er-eren pfece* itreIf t^ove it. It bears'the name1 of pomp*.* ■a- :: m ~z^a., near to, and rsn^m, icing. Three other portioDS of some in^crtance may likewise be consi¬ dered a.-, bekngmg to the general pectus. ‘ 72 External Anatomy. E N T O M ls£, Above the sternum, on its internal face, that is, within the body of the insect, there exists a piece some¬ times remarkable for its size. It is placed on the median line, and generally takes its rise from the posterior extre¬ mity of the sternum. It assumes various secondary forms, and is generally divided into two branches. Cuvier named it the Y-formed portion, on account of his having observed it assume the shape of that letter. It is called entothorax by M. Audouin, from *yro{, within, because it is always placed in the interior of that organ. It occurs in each seg¬ ment of the thorax, and seems to be in some measure a de¬ pendent on the sternum. Its uses are supposed to be the protection of the nervous system, and its isolation in many cases from the digestive apparatus and the dorsal yesse . The entothorax exists not only in the thorax, but m the head, in which case it is named entocephalus; it has even been noticed in the first ring of the abdomen in the genus Cicada, and the portion named triangle ecailleux by Reau¬ mur may safely be regarded as its analogue. In this last condition it is denominated entogaster. 2d, On the anterior edge of the episternum, sometimes of the sternum, and even on the superior part of the body, a stigmatic opening is observable, surrounded by a small piece, of which the texture is frequently corneous. This is the peritrema, so called from mg}, round about, and Tpriga, a hole. It is not always perceptible, both on ac¬ count of its being sometimes too closely connected with the neighbouring pieces, and because the stigmatic open¬ ing is itself sometimes obliterated. But when visible, it is necessary that it should be distinguished, as its position is of importance, and becomes a useful auxiliary in the com¬ parison of parts and in the determination of analogies. 3d, Lastly, it has been already stated in relation to the epimera, that it is connected with the rotule by means of a small articulation, of which the existence was first made^ known by M. Audouin. This is not an essential part of the thorax ; but as it accompanies the epimera, and is as¬ sociated with the parts of the leg, all of which have receiv¬ ed particular denominations, its first describer has thought proper to bestow upon it a name. He calls it trochantin, in distinction to trochanter, or that portion of the leg which is associated with the rotule and the thigh. The trochantin is sometimes concealed in the interior of the thorax, and is sometimes visible externally, according as the rotule is it¬ self more or less prolonged in its internal portion. The ascertainment of this piece, according to M. Audouin, ad¬ mits of a direct comparison between the limbs of insects and those of the Crustacea. Hitherto there were only five parts in the former (the tarsi being regarded as one), while there were six in the latter. But the trochantin completes the number six likewise among the insect tribes. We have now detailed the structure of the chest or pec¬ tus of insects ; so that whoever desires to view one of these creatures anatomically, should, after dividing the thorax into three segments, seek to ascertain, on the inferior and middle portion of each, the existence of a sternum, and on the flank or lateral portion, an episternum, a paraptera, and epimera. He will also study the structure of the entotho¬ rax, of the peritrema, and of the trochantin. Sometimes, however, the union of one or more of these parts with ano¬ ther is so intimate that they cannot be isolated or distin¬ guished ; but when we elsewhere, in such numerous cases, perceive that the pectus is formed of a certain number of elementary parts, it is more rational to believe that in all instances these same elements are made use of, than to suppose the frequent requirement of new. We shall next discuss the superior portion of the thorax of insects. In the coleopterous tribes the prothorax, as be- O L O G Y. fore mentioned, constitutes the principal portion, and its Extern,, upper part may be called the thoracic shield. The only Anator other part sufficiently distinguished prior to the time of Audouin, was the scutellum or escutcheon. It is highly developed in the Scuteller®, and rudimentary in most of the Hymenoptera, Diptera, Lepidoptera, and some other or¬ ders. Its apparent position between the wings has occa¬ sioned its being regarded too exclusively as a kind of point d'appui in flight. It is usually of a triangular form in the Coleoptera, and projects backwards from the mesothorax, with its point interposed between the elytra and the wings. The scutellum was adopted by Geoffroy as the basis of his arrangement of the genus ScarahcBus. It is, however, by no means a well-chosen characteristic of the greater divi¬ sions in entomology 5 for the accurate distinction is not, as is usually supposed, whether the scutellum does or does not exist in a lamellicorn insect, but whether it is 01 is not apparent.1 It occurs very obviously among many of the coleopterous tribes, but is most conspicuously developed in that genus of the hemipterous order called Scutellera, of which Cimex lineatus may serve as an example. Natural¬ ists have erred in regarding this portion as characteristic of the mesothorax alone. It is often greatly developed in the posterior segment. Numerous and varied researches have led M. Audouin to conclude that this superior por¬ tion of the thorax is composed of four principal pieces, fre¬ quently isolated, sometimes intimately united, usually dis¬ tinct. * He has deduced the following nomenclature from their relative position in regard to each other. The ante¬ rior portion is named the prccscutum; it is sometimes very large, and is usually concealed in whole or in part in the interior of the thorax. The second piece is called the scutum ; it is an important element, often strongly deve¬ loped, and always articulates with the wings when these exist. To the next piece the original term scutellum is applied ; it consists of the projecting angular point, gene¬ rally so denominated by entomologists. The fourth and last piece is called the postscutellum ; it is almost always entirely concealed within the thorax, sometimes united to the internal face of the scutellum, and confounded with it, sometimes free, and not adhering to the other portions, except by its lateral extremities. These are the parts which constitute the superior portion of the thorax, and to which the general term tergum may be applied. Thus we may speak of the tergum of the pro thorax, of the me¬ sothorax, or of the metathorax ; but when the wrord tergum alone is used, we are then understood to signify the union of the superior parts, that is, the entire space comprised between the head and the first segment of the abdomen. We come now to the abdomen itself, an important por¬ tion in the animal economy. Anatomists in general appear to have advanced from the study of the human frame to that of animals, or at least to have applied to the parts of the latter the same terms which they had previously be¬ stowed upon the former. In so doing, however, they have been guided rather by the analogy of form than of func¬ tion, and hence the vague nature of many terms, as applied to the inferior orders, and which, however correct in their original signification, become either obscure, or altogether inapplicable in regard to other classes. The abdomen, among insects, is that part of the body which is attached to the posterior extremity of the thorax, composed of five or six rings or segments, unprovided with locomotive organs, and always containing within it a por¬ tion of the digestive canal. If, as many suppose, its exist¬ ence depends upon that of the thorax, then the entire class of Annelides or red-blooded worms may be said to be de¬ prived of it, as the thorax itself does not exist in that class. 1 Houb Entomologicce, part i. p. 9. ENTOMOLOGY. Ex nal The term body is then made use of to designate generally in: my. the whole of the animal. Although the abdomen cannot -rfHT-w' weu exist without the thorax, the converse does not ap¬ pear to hold good, for the latter in many species seems to constitute the whole body. Many of the Myriapoda, such as lulus and Scolopendra, are examples of this ; for they are composed of a series of segments, all furnished with feet except the last, which has therefore by some been re¬ garded as the abdomen. But among genuine insects, that is, the hexapod or six¬ footed kinds, the abdomen is obviously developed, and, especially among the winged tribes, is very distinguishable from the thorax. Among the apterous species the distinc¬ tion is less perceptible; and the same may be said of most insects in the larva state. Among the hymenopterous kinds, such as wasps, bees, &c. it appears as if it were pediculat- ed or attached to the posterior part of the thorax by means of a slender stalk; but minuter and more accurate obser¬ vation demonstrates that this neck-like restriction actually takes place on the second segment of the abdomen, the first of which is much more spacious, but so closely attach¬ ed to the thorax by its anterior edges as to become undis- tinguishable. In the coleopterous order the abdomen is usually convex, and of a harder consistence beneath, where it is exposed ; but it is soft, and either flattish or concave above, where it is covered by the folded wings and elytra. On both sides of its segments there is a small roundish opening called the stigma, which serves for the introduc¬ tion of air for the purposes of respiration, and of which we shall treat in detail when we come to the consideration of that function. It has been noted that if an insect is naturally more ha¬ bituated to walking than flying, the breast or lower portion of the thorax is expanded, and is furnished with more power¬ ful muscles than the back; whereas, if flight is the more frequent mode of locomotion, an increase is observable in the dorsal muscles. The locomotive organs are of course the wings and legs, on which we shall now bestow a brief consideration. SECT. III.—ORGANS OF LOCOMOTION IN INSECTS. 1. The Wings. These organs exist, effectively, in insects only in the perfect state; for the larvae do not offer externally any trace of them, and when apparent in the nymph or inter¬ mediate condition, they are merely rudimentary. No in¬ sect has more than four wings, many have only a single pair, and others are entirely destitute of these parts. When four in number they may be regarded as anterior or supe¬ rior, and as posterior or inferior ; and we likewise talk of first or of the second pair of wings. The coleopterous order presents some peculiarities in relation to these organs. The anterior pair (in all cases, as already mentioned, unit¬ ed to the mesothorax) consist of a hard or horny substance similar to the envelope of the thorax, and are called elytra. When closed, their junction usually forms a straight cen¬ tral line called the suture, which is rather apparent than real in certain species in which the inferior wings are wanting, and the elytra form a single undivided piece. They are convex above and concave below, are fixed to the mesothorax, and cover and protect the genuine wings, which are of a much more delicate structure. These lat¬ ter derive their origin from the metathorax, and are the 73 actual organs of flight. They are membranous and trans- External parent, and when unemployed are transversely folded be- Anatomy, neath their horny covering. We shall here describe the structure of wings, and explain the terms made use of to express the principal modifications which they undergo in their various degrees of development in the different orders. The w ing of an insect consists of two thin flexible mem¬ branous transparent plates or leaves, the one superimposed upon the other, and variously intersected by darker lines of a horny consistence, usually known by the name of ner- vures. These nervures, which at first sight appear like su¬ perficial threads, of which the larger follow the longitudi¬ nal direction of the wing, are interposed between its mem¬ branes, and present two faces, of which the upper, fre¬ quently rounded and very horny, adheres closely to the corresponding leaf, and the under, of less firm consistence, and of a flatter form, may by skilful dissection be remov¬ ed from that portion of the wing by which it- is covered. In the opinion of M. Audouin, these threads are in fact so many tubes, which diminish in diameter as they approach the summit of the wing, and each of which contains, throughout its entire extent, a spirally rolled vessel, by some regarded as a genuine trachea. These tracheae re¬ ceive air from the interior of the body, and their forma¬ tion, according to Swammerdam, whose views have more recently been confirmed and adopted by Jurine and Cha- brier, is to strengthen the wing by distending it during the action of flight. They are said to experience no sen¬ sible dilatation during their progress, whereas the corne¬ ous tubes which contain them present in that respect some curious modifications,—for they sometimes spread out suddenly, in such a way as to exhibit, for a short space, a comparatively broad diameter. The colouring matter being then disseminated over a wider surface, assumes so pale an aspect that the nervure which leads into one of those little expansions appears as it were interrupted. Hence the name of hulles dair, or air-bubbles, bestowed upon the latter by the French entomologists. They oc¬ cur most frequently in the cubital nervures of many Hy- menoptera, and their chief use is supposed to be to facilitate the formation of certain foldings of the wing during the periods of repose. The largest of the nervures arise from the base of the wing, that is, from the point of its inser¬ tion in the thorax. A most skilful observer, the late M. Jurine of Geneva, has described the wings of hymenopte¬ rous insects with great accuracy, in a memoir to which wre shall make more special allusion when we come to treat of that particular order.1 The general character in respect to form and aspect of the wings of insects has received a great variety of names. They are sometimes equal, that is, all four of similar size ; or unequal, when one pair prevails over the other ; lanceolate, when they become narrow, both at the base and apex ; fal¬ cated, when curved like a scythe or reaping-hook ; linear, when narrow, with nearly parallel edges ; clavated or club- shaped, when linear in their general extent, but perceptibly enlarged towards their extremity ; rounded, when they ap¬ proach a more circular form ; oblong, when more lengthen- ened than broad, and describing an elongated ellipse, ob¬ tuse at both ends ; rhomboidal, when they are longer from the posterior angle to the summit than from that angle to the base ; deltoid, when they assume the triangular. form of the Greek letter delta; exserted, when the. inferior wings pass beyond the elytra; covered, when entirely protected by those organs; plaited, when longitudinally )dl See Observations surles Aiks des Hymtncmteres, in the twenty-fourth volume of the Mem. dcTAcadJinie des Sciences de Turh onsult also, hy the same author, 'Nduvclle Mlthodc de classer les Hymtrwptcrcs et les Dipiercs. Geneve, 1807. VOL. IX. ‘‘ " * K 74 ENTOMOLOGY. External folded, after the manner of a fan ; replicated, when, after Anatomy, being plaited as just mentioned, they are again loidea ' y-*-' transversely upon themselves ; incumbent, when the poste¬ rior margin of one covers that ot the other ; extended, when, in a state of repose, they are stretched on either side, leav¬ ing the abdomen visible ; erect, when, in a state ot repose, they are raised perpendicularly to the surface of the body ; deflexed, when the summits and outer margins form as it were a kind of inclined plane from the base and inner margins. These are the principal variations as to form and attitude, or position. The following terms are ot fre¬ quent use in entomology, when the surface or superficial structure of the wings is sought to be described. 1 hey are striated, when certain raised lines are perceptible, forming slight parallel and longitudinal furrows ; reticulated, when these lines are disposed like lace or network ; veined, when distinct longitudinal nervures are observable, rami¬ fying into more delicate branches ; squamous or scaly, when covered with minute powdery particles, which, when ex¬ amined with a glass, are found to be small scales imbri¬ cated or imposed on each other like slates or tiles on a house top ; farinose, when sprinkled more irregularly with fine particles resembling flour, and easily removeable by the finger; pilose or hairy, when the surface is more or less covered by minute hairs ; naked, when there is no covering of either hairs or scales. Other characters are deduced from the markings of the wings in regard to tint and colour. They are concolorous, when similar or unvaried in their hue ; vitreous or windowed, when, opake over their geneial surface, certain translucent spots are here and there obser¬ vable ; ocellated, w hen they present circular spots of different colours, resembling an eye ; pupillated, when the eye-like spot has a coloured point in its centre; fasciated, when there are broad coloured fines or bands,—and these are distinguished as transverse, longitudinal, oblique, lanceo- lated, &c. according to their prevailing direction and cha¬ racteristic form. The margins or edges of the wings have likewise re¬ ceived a considerable variety of designations, according to the peculiar characters which they exhibit, d hey. are crenated, when they present an alternation ot slight inci¬ sions and obtuse projections ; dentated or toothed, when these incisions are deeper and narrower, and the projec¬ tions sharper and more defined; fimbriated, when the marginal processes are lengthened, pointed, and close ; cloven, when the incisions are few and deep ; digitated, when the parts cut into assume the aspect of a hand; emarginate, when the incision is slight, and seems merely to have scooped out a small portion ot the wing ; caudated or tailed, w hen the posterior margin presents a more length¬ ened appendage ; ciliated, when the wings are bordered by close-set hairs resembling eye-lashes. The points ot the wings are obtuse, when terminated by a rounded out¬ line ; truncated, when they appear as if cut; acute, when ending in a point; acuminated, when that point is sharp and prolonged. These details, we doubt not, like all the other technica¬ lities of a complex branch of science, must seem irksome to the general reader. Nevertheless, as they frequently form important and sometimes indispensable elements of knowledge, we must continue their enumeration. The wings, in fact, have furnished the characters from which the names and definitions of the orders in entomology have been derived, and a knowledge of their forms and func¬ tions is required during almost every step of our progress. A transcendental anatomy has no doubt thrown its ambi¬ guous fight {lucus a non lucendd) upon these and other portions of animal economy; and the wings, which in for¬ mer times were thought sufficiently defined when merely named as the organs of flight, are now regarded by some as legs, and by others as lungs. We still see, however, Extm that they carry the creatures through the air, and we shall ^ therefore rest satisfied by viewing them m accordance with our accustomed associations. Among the more remarkable ot the modifications expe¬ rienced by the upper wings, is that corneous condition m which they are known under the name of elytra. Ihese are particularly characteristic of the coleopterous order, and derive their name from sToirgev, a sheath or covering, be¬ cause they protect the membranaceous wings, they are attached by their base, by means of several small pieces, , to the mesothorax. The opposite extremities are called the points or summits, and the margins are known as ante¬ rior or external, posterior, and interior,—the last named, when the parts are closed, and meeting over the back, forming what is called the dorsal suture. As to their pro- portions, they are elongated, when they exceed the ab¬ domen ; abbreviated, when shorter than that organ ; and various other terms of obvious application are made use of to express their different degrees. The elytra differ in their consistence, being sometimes almost membranous, or scarcely firmer than the under wings; or they are coriaceous, or ot the texture of lea¬ ther ; semi-coriaceous, when, as among many Hemiptera, the elytra are composed of two parts of different texture ; pergameneous, or like parchment; fiexible, when, yielding to a slight impression, they yet return again immediately to their original shape ; or soft, when they yield to the same impression, but retain the alteration of form for a longer time. As to form, many of the terms already enu¬ merated in relation to the wings in general, apply equallv to the elytra. They are also gibbous, when greatly round¬ ed or hemispherical; dilated, when more flatly expand¬ ed ; attenuated, when they diminish in breadth from the base to the apex. The surface of these parts presents many characters of great importance in the discrimina¬ tion of species, and even in the formation of sections or subdivisions of genera. They are said to be chagrined, when covered by minute raised spots ; punctated, when these spots are distinct and hollowed; tuberculated, when the elevations are distinct and irregular ; scabrous, when the elevations are distant and unequal; verrucose or warty, when they are large, cicatrised, and resembling w arts ; striated, when marked with regular longitudinal fines; striato-punctate, when in each stria there are depressed points ; punctato-striate, when the stria: are themselves formed by a consecutive series of these impressed points; sulcated or furrowed, when the impressed fines are deep and broad; ribbed, when between the furrows there are raised fines ; rugose, when the raised fines are irregular, and divided in all directions ; reticidated, when these fines are disposed with greater regularity, in a kind of network; crenated, when the fines are rather regularly undulated; glabrous, when the elytra are smooth, or destitute ot raised points or other irregularities of surface ; tomentose or cot¬ tony, when covered by a whitish dow n ; pilose, when hairy, —also villous ; fasciculated, when the hairs are collected here and there in little tufts ; muricated, when the hairs are long, raised, and almost prickly ; spinous, when the projecting parts are hard and shai'p like spines ; squamous or scaly, when covered by little scaly plates. The elytra are said to be margined when their edges are raised, or otherwise distinguished from the general and more central surface ; sinuated, when there are sloping notches on their outline ; serrated, when furnished with little sharp projections like the teeth of a saw ; dentated, when these are sharp and more distant. They are like- wdse said to be mucronated when the apex is provided with a sharpish point; bidentated, when there are a couple of distinct projections ; obtuse, w hen the summits are blunt or E N T O M eternal rounded; truncated, when they seem as if a portion had atomy- been severed. We have already mentioned, that in many of the hemip¬ terous order the anterior wings are semi-elytrous, that is, comparatively solid in one part of their extent, and mem¬ branous in the other. In fact, the order derives its name from that character, as already mentioned in our in¬ troductory definitions. In the orthopterous order the an¬ terior wings, though much more membranaceous than those of beetles, yet approach the nature of elytra, and serve as a protection to the under pair, which are more delicate. Among neuropterous insects both pairs of wings are alike in their general character of texture and reticulation, and the same may be said of the hymenopterous order. Those of the Lepidoptera are also similar to each other in their substance and covering. With a few exceptions, in which the wings are clear or diaphanous, in the last- named gorgeous group they are thickly coated with mi¬ nute scales of various colours, which when removed exhi¬ bit the membranous structure of the parts. They present several other peculiarities, which we shall notice when we treat of the generalities of the greater divisions of which the order is composed. The wings, regarded throughout the entire series of hex¬ apod insects, are thus extremely varied in their form, con¬ sistence, development, and efficiency. The distinctions, both of form and texture, show themselves, as it were, by gradation, and present no striking disparity among species otherwise nearly allied. But the uses, and degrees of de¬ velopment, of these organs, vary greatly not only among species of the same genus, but even between the sexes of the same species ; for while the males of several kinds are efficiently winged, the females are entirely apterous. When the anterior wings, as in the Coleoptera, are elytrous (if we may use the expression), they scarcely serve for the purposes of flight. In the neuropterous and hymenop¬ terous orders both pairs are equally efficient, while in the dipterous or two-winged tribes the inferior wings have disappeared. In some cases, as among the female ants, the wings fall off immediately after the sexual union. The development of the wings always bears a relation to that of the superior arc of the thorax by which they are supported. It has been already noted, that if an insect is more habituated to walking than flying, the breast or lower portion of the thorax is extended, and is furnished with more powerful muscles than the back ; whereas if flight is the means of locomotion, an increase of power is observ¬ able in the dorsal muscles. One of the laws laid down by M. Straus Durckheim as regulating organic structure is the following :—that when one organ governs another, or several others, these follow the march of the dominating organ ; and that when the latter disapjjears, those which were subordinate to it im¬ mediately assume their primitive form. This law may be exemplified by the influence of the wings upon the thorax. In proportion as the two pairs of wings change in form and size, the two segments of the thorax which support them follow the same progression, and become more and more united to each other ; but no sooner do the wings disap¬ pear in the Aphaniptera (Pulex), than the two segments of the thorax regain their primitive form, and separating from O L O G Y. 75 one another, present the same appearance as in Lepisma. External The wings being first introduced amongst the Coleoptera, Anatomy, and the thorax of these as yet differing but little from that of the Thysanura, it can easily return to the form it pos¬ sessed previously to its undergoing any modification. It thence follows, that in such species as are deprived of wings, the thorax returns more or less to its primitive form. This is particularly remarkable in the females of many species of Lampyris, which possess neither wings nor elytra; and this return is moreover occasioned in the Coleoptera with¬ out wings by another cause, which acts in this case on that part of the body; it is the diminution of the soli¬ dity of the integuments in those parts which are covered by the elytra. In the other order of insects, according to the views of the last-named author, the two segments which bear the wings having already experienced a very considerable change of form, it would require a very powerful cause to bring them back to their primitive form; for this reason the return does not take place in Cimex cellularius, the For¬ mica, See. amongst which the imperfection (if it may be so called) is only specific. In the Aphaniptera, on the con¬ trary, which we may in some respects consider as wingless Diptera, the transformation of the thorax takes }>lace in consequence of a complete absence of the wings, brought about by the degradation which these organs have expe¬ rienced in passing through the whole of the class Insecta. M. Straus Durckheim, in the introduction to his care¬ fully elaborated work,1 has also endeavoured to explain the laws which regulate the different changes of structure in passing from one group to another. The most general law in the organization of animals which he has recognised is, that all the systems of organs are subjected to a constant varia¬ tion of form, and even of function, while passing from one family to another. The first more special or particular law which he evolves from the subdivision of the former is the following : That the organs at one extremity of the scale always exercise a very evident function ; whilst at the other extremity they are constantly rudimentary and without function, and at last entirely disappear. He here distin¬ guishes two kinds of cases. In the first, the organs pre¬ sent themselves at the head of the scale developed to the highest degree of which they are susceptible, and decrease insensibly, until they arrive at the other extremity of the scale. Thus, for example, the posterior wings of insects are “ introduced suddenly” into the organization of that class at the highest point bf perfection in the Coleoptera, where t/iey alone serve for flight. In the Orthoptera and Hemip- tera they already begin to divide their function with the elytra, and go on diminishing gradually until they exist merely as rudiments in the Diptera, where they are repre¬ sented by the halteres.2 Finally, they entirely disappear in the Aphaniptera. In the second instances, the organs do not appear at the head of the scale in their most perfect state of development, and only acquire it by degrees. Such is the case with the elytra, or first pair of wings, which follow a course exactly contrary to that of the infe¬ rior wings. They only appear at first as organs slightly accessory to flight, in which state they remain nearly throughout the whole Coleoptera. In the Orthoptera and Hemiptera they begin already to take a very active part in Gln(?aleS™r rAnatomie Comp arte des Animaux articules, auxquelles on a joint l'Anatomic descriptive du Hanneton, 1 vol. s’ T|f Plancl)es, Pans, 1828. An abstract of the doctrines of this work will be found in the Entomological Magazine, vol. i. thorav in 0t HaHc'rCS' poiser? or balancers’ is bestowed on a pair of slender moveable appendages found on the hinder part of the “haltevps *Ver°U! 011 'V0-wlnSetl insects. They are usually regarded as the rudiments of the second or posterior pair of wings,— lieved hv :,U,"nenta,alarT Posl?carum’ as Fabricius has expressed it in his Entomologia Philosophica. This opinion, however, is bo¬ wing's than nn fi an. "e 1 lu?k "rfb reason, to be founded rather on the position which these organs bear in relation to the anterior that the b-d-mf-nrl^T connect,on Wltb tbe metathorax and its different parts. Latreille, a great authority in such matters, maintains posterior correspond to or represent the second pair of wings, but are rather vesicular appendages connected with two se o e thorax, and analogous in some measure to the processes which accompany the respiratory organs of the Aphro- 76 entomology. —sj-ax'sssissi'Sii-j mYil in the Diptera they become the sole organs ot fhg , and ol course have there attained their highest degree ot perfection. Arrived at this culminating point, they sud¬ denly diminish in Hippobosca, and entirely disappear i 1 UWe* shall next devote a few lines to those portions of the wings called ailerons by the French naturalists, known a under the name of winglets or ahdce.1 1 hey are chiefly characteristic of the dipterous tribes, and ^^irTnlat as appendages of the anterior wings, the sole pair in t a particular ofdcr. Their attachment to ^teUu'n »d the postscutellum of the mesothorax is ^^cient eyidenc that thev are not the rudiments of a posterior pair , h these, if they existed, would derive their origin from the metathorax. ” They usually consist of two concavo-convex pieces, intermediate as it were between the wing ari the ,raisers, and folded the one upon the other, hke the ptmts a bivalve shell when the insect is at rest, but stretched or extended during flight. Their special uses are not yet ^The poisers or balancers (halteres) have been sufficient¬ ly described in the preceding note. Audouin regaids them as the rudiments of the second pair of wings, ol u Inc the extreme tenuity in the Diptera accords in his opinion with the evanescence of the metathorax.2 1 heir use, like that of the last-named organs, seems not to have been satisfactorily determined. Dr Derham and others have thought that, like the pole of a rope-dancer, they keep the body steady in flight; while some connect them with the noises produced by insects, and maintain that they act upon the membrane of the winglet, as a drumstick acts upon its proper organ, thus producing sound, bhelver s opinion is probably more correct, that they are connected with the function of respiration.3 But the various senti¬ ments on the subject are as yet conjectural. 2. The Legs. Having now endeavoured to explain the structure ol the wings or organs ol flight, we shall next request tne reader s attention to those other organs ol motion, the legs ot in¬ sects. With the exception of the Myriapoda {Centipedes, &c.), which, with Latreille and Dr Leach, we shall form, as already noted, a separate class, the number of legs in in¬ sects is precisely six. They are composed of the follow¬ ing parts : 1st, The coxa or haunch, which is the first joint, or that which plays in the socket (see Plate CCXX. fig. 2, a); 2d, the trochanter or second joint, to the side of which the thigh is attached, and by means ol which it inosculates with the coxa (Ibid, h); 3c/, the femur or thigh, which is long, and usually compressed (c); 4th, the tibia or shank, generally the longest joint ol the leg, and frequently notched on its edges, and terminated by spur¬ like appendages (cZ); hth, the tarsus, composed of articu¬ late portions, varying from three to five among the Cole- optera and the majority of insects (e). The last articula- With the i (our coxa), and the trochanter. In accor¬ dance with this view, the parts ol the leg m insects may be 2d to amount to six pieces, instead ol the five which we have just enumerated. These terms apply strictly to the Intermediate and hind legs. The anterior pair are by jme writers regarded as brachia or arms. The first joint ol the brXm answering to the coxa of the legs, is named ckt- vicula, or the clavicle, by Mr Kirby; its second joint an¬ swering to the trochanter ol the other limbs, is called the scapula; the third and elongated joint, corresponding to the femur, is designated the humerus; while the articulations of the tarsus are known as the mantis or hand. However, the majority of authors seem not to express any distinction between the parts of the fore legs and those ol the inter¬ mediate and hind ones. The anterior pair, we may ob¬ serve, are in some cases convertible into organs of prehen¬ sion, and their tarsi are frequently dilated in the male sex. The number of articulations of the tarsi varies in the di - ferent tribes, and is not always the same in the different pairs of legs in the same insect. Their amount on each limb has been assumed as a basis for the tormation ol the great sectional divisions of the coleopterous order, as ori¬ ginally proposed by M. Geoffroy, and so generally adopted by the continental naturalists. The character, though ar¬ bitrarily chosen, and not seldom artificial m its results, has proved upon the whole more compatible with a natural ai - rangement than usually happens on the seiection of a sin¬ gle and uninfluential organ. We shall enter into fuitl er details in relation to this matter in our introduction to the coleopterous order, and shall merely observe in the mean time, that pentamerous species, or those of which all the tarsi are furnished with five articulations, are the most abundant,—more than one half of the coleopterous kinds being referable to that section. These are the principal external parts of the structure of insects.4 Their internal conformation has been illustrat¬ ed of late years by the successful eftorts of several very skilful and ingenious observers. W e shall here notice the dominating or more influential organs, and give a short view of the important vital functions which they exeicise. CHAPTER III. THE INTERNAL STRUCTURE AND PHYSIOLOGY OF INSECTS. SECT. I. THE NERVOUS SYSTEM AND SENSES OF INSECTS. The nervous system of animals in general, it has been remarked, is one of the most wonderful and mysterious works of the Creator. Its pulpy substance is the visible works or tne oreator. its pmpy suusumvc - medium by which the governing principle (To 'Hys/tiov/xov) transmits its commands to the various organs ot the body, which instantaneously obey the impulsive mandate ; yet this tn Vwa Knf tlio rlnrWf'n* cnTYlP VncrllPr TiriilClolfcN dites, or those of the aquatic larvae of Ephemerae and the genus Gyrinus. He founds his opinion chiefly on this, that the inferior wings always take their origin from the lateral and anterior summits of the third thoracic segment, at a very short distance irom tne superior wings, and always in advance of the two posterior stigmata of the thorax, whilst the balancers are inserted lower down at tne internal extremity of these air-conduits, or close by them. tSee Latreille’s observations in the 7th and 8th volume of the Memoiret du Museum d'Histoire Naturelle.) . , 1 We have made use of the term wing-scale in the systematic exposition afterwards given of the order Diptera. Meigen uses tnc German word schuppchen (squama) in his Zzveijlugeligen Insccten. 2 Diet. Class. (T Hut. Nat. t. ii. p. 141. 3 Wiedeir,an’s Archiv. ii. 210. ^ 4 For some additional details, we beg to refer to a paper entitled “ Osteology, or External Anatomy of Insects,” by Mr New¬ man, in the Entomological Magazine, No. 1Y. We had not an opportunity of consulting it until our own abstract had been composed, chiefly from foreign sources. E N T O M InL-nal more ethereal essence (language is ransacked in vain for an Strl ure. appropriate term), which can be more immediately acted Upon by the mind and will. But this supposed principle, by whatever fond or fantastical name it may be known, whether as a nervous fluid or a nervous power, has never been detected by the most subtile physiologist, and is known only by its effects. It is, however, undoubtedly the centre from which all power and function flow; and during the absence of worthier substitutes we need not challenge the vague abstractions of some metaphysical inquirers. The nervous system of insects consists of a homogeneous pulp, usually disposed in twelve successive ganglions, con¬ nected by a double cord. We first observe a double or bi- lobed mass, which, as it is placed in the head, may be call¬ ed the brain. It is surrounded by strong muscles, and from its anterior portion nerves are distributed to the eyes, antennae, and mouth. Posteriorly two delicate recurrent nerves proceed towards the dorsal vessel, and inferiorly two larger nerves, after having formed by their branching a kind of ring, which embraces the oesophagus, unite in the form of a ganglion beneath the last-named organ. From the posterior part of this latter ganglion a pair of nervous cords proceed for a space, and then by their union produce a second inferior ganglion, from which the nervous cords again branch off posteriorly, and so uniting and ramifying from space to space, they extend through the different seg¬ ments of the thorax and abdomen. The number of these ganglia varies ; sometimes they correspond to the divisions of the body, while in many instances they are of smaller amount. In the larva of the rhinoceros-beetle, for example, the whole spinal cord (so called from its supposed analogy to the part known by that name among the vertebrate kinds) presents the appearance of a single ganglion, divid¬ ed merely by transverse furrows,—while in that of a dra¬ gon-fly, six have been observed in the thorax, and seven in the abdomen. In the great water-beetle {Hydrous pi- ceus) the head exhibits one ganglion, the thorax six, and the abdomen only two. In the honey-bee there are three ganglia in the thorax, and four in the abdomen. When we examine these knots attentively, we may perceive that, in addition to the double and longitudinal nervous cord by which they are connected, they throw off laterally on either side small nervous trunks, which divide into branches, and finally ramify over the muscles, the intestinal canal, the tracheae, and other parts. This nervous system differs considerably in the larva and perfect insect. In the lat¬ ter the ganglia are usually less numerous, and the poste¬ rior appear formed by the close approximation of several others. The principal ganglia of the nervous system of insects are frequently thus disposed. The position of the upper or cervical ganglion has been already mentioned. Ihe others rest beneath the intestines, ranging along the infe¬ rior face of the body. There are three in what may be called the chest; that is, one in the prothorax, which sends nerves to the anterior legs ; one in the mesothorax, which O L O G Y. 77 supplies the elytra or the upper wings, and the middle legs ; Internal and one in the metathorax, which distributes its filaments Structure, to the second pair of wings and the last pair of legs. The other ganglia belong to the abdomen. Insects are charac¬ terized by the ganglionic distribution of the nervous sys¬ tem, in common with the Crustacea and Arachnides on the one hand, and with the Vermes or worms on the other. But in insects the ganglia are larger and less numerous than in the still lower tribes, which gives a more decided character of centricity to their nervous system. Indeed the highest manifestation of this character is usually pre- sentedonlyas the ultimate result of several metamorphoses; so that while the larva exhibits a closer agreement with the nervous system of worms, that of the imago or perfect in¬ sect assumes a higher developjment. It does not however appear that the brain or upper ganglion of insects acts in the capacity of a se7isorium commune, as among warm¬ blooded animals, such as mammiferous quadrupeds and birds; for many insects will live for a considerable time, and even exercise their faculties of flight, after the loss of parts which among the other class we justly regard as of vital importance. The tenacity of life in horse-flies, for example {Hippoboscce), is very remarkable. When deprived of their heads, and replaced upon a horse, they will be per¬ ceived to run backwards and forwards and sideways, with apparently the same ease as prior to their decapitation.1 The ganglions themselves frequently exhibit a bikbed structure, which appears to result from the union of two smaller masses, originally distinct. Comparative anatomy tends to confirm this supposition. M. Marcel de Serres2 maintains that the nervous system of insects, and of all in¬ vertebrate animals, corresponds to the eccentric portion of that system among the higher classes, that is, to the in¬ tervertebral ganglia and their radiations.3 In the primi¬ tive state of larva he deems the nervous system to consist of two distinct portions, a right and a left; and he main¬ tains that the formation of the nervous system in all ani¬ mals proceeds from the circumference to the centre, and not, as usually supposed, from the centre to the circumfe¬ rence. We know well, from the observations or Carus and Tiedeman, that the organs of the inferior animals repeat, as it were, the forms which present themselves only in the embryo condition of the higher tribes. M. de Serres en¬ deavours to show that it is by the progress of successive developments that the portions of the nervous cord in in¬ sects approach each other,—that they first join around the oesophagus, then at the opposite extremity towards the in¬ ferior ganglions, and lastly in the central parts. He thus admits three distinct embryo states in the condition of the larvre ; first, that in which the two portions of the nervous system are entirely isolated and distinct; secondly, that in which the cesophagian ganglia are alone united; and, thirdly, that in which the opposite extremities are joined together. By means of this distinctive view', the French physiologist connects the nervous system of insects with that of the Mollusca, the latter presenting the embryo con- i „ . . . . . XT ... <)A1 2 Ann. dcs Sciences Nat. t. ill. p 377- • riSThe »f invertebrate animals bears to that of .be vertebra,e,l "X’vK te to many conflicting opinions. “ Among the various suggestions on this point, are that ot_ A nervous system of Articulata as corresponding to the sympathetic system ot veitebial amnia s , . , . however is that the Mollusca to the par vagum, and in 'the Articulata to the spinal marrow ; the most generally received ^“a cerebro- supported by the authority of Meckel, Cuvier, Hlumenbach, Gall, and Spurzhe.m, who compare ^“‘VofThis idea, by spinal cord of vertebral animals. The latter gentlemen, in particular, have furnished a strong p intermediate contractions,—a Urr, a nuhmds actually consists of a series of ganglia with intermediate coma actions, a. fact, that in Mollusca, Crustacea, Insects, &c. we find nerves ot sense arising iiom uc r Ymro’vn! i n CO 1 E W. Weber with the character of the sympathetic system.” (See Note to Carus s Comparative Anatomy, by .^o1^’Yy'd" ^ ir^j cortl of ar_ {Anatomia Comparuta Nervi Sympathetici) appears to have been the first to suggest tha. the 10 the segments of ticulated animals correspond to the intervertebral ganglia of the spinal nerves of the higher classes, rather than to the segments which their spinal marrow is composed. -8 E N T O M Internal dition of the former, that is, being permanently distinguish- Structure. e(J by a characteristic which is only temporary among the articulated tribes. This may probably be regarded as an additional argument in favour of what we shall afterwards endeavour to maintain,—the general superiority in the scale of organization of the annulose classes over the molluscous kinds. We shall conclude by observing, that besides the general protection afforded by the external envelope of in¬ sects to their nervous system, it is specially protected by the Y-shaped portion formerly described. As the nerves constitute the principal media of sensation in all animals, we shall here give a short sketch of the dif¬ ferent senses of the insect class. Of the senses in general, as they exist in man and the higher beings, physiologists and metaphysicians alike enu¬ merate the following five, viz. touch, taste, smell, hearing, and sight. All of these, we doubt not, exist in the class now under consideration, although we are not in every case acquainted with the special organ by which each particu¬ lar function is exercised. The sense of touch is usually regarded as affording ani¬ mals, and man especially, a more intimate and assured com¬ munication with the external world than those of either sight or hearing, in as far as no intermediate substance comes between us and the subjects of perception. I he perfection of the sense depends on the quality of the skin, the extent and nature of its surface, the number of its nerves, its freedom from insensible parts, and the delicacy of those appendages which are more particularly destined to the examination of bodies. As touch is the most im¬ portant of all the senses, it may naturally be inferred to be finely developed in the human race ; and we know that, of all the vertebrated animals, man in that respect is one of the most highly organized. But among the invertebrate kinds the sense of touch improves in proportion as the others de¬ generate ; and those which have no other sense possess it so exquisitely that some of them seem even to feel the light.1 Among insects the sense of touch varies remarkably ac¬ cording to the condition in which they happen to exist for the time,—their exterior surface, in which the function exists, or at least through which it must be manifested, being itself subject to great variation, even among indivi¬ duals of the same species. When soft, as in the larva state, the skin is extremely delicate in its perceptions, and capable of transmitting the most lively sensations ; while in the imago or perfect condition, more especially among the Coleoptera, its harder consistence renders it chiefly service¬ able as a protecting covering. In this case the feet, palpi, and, as many suppose, the antennae, seem the principal organs of the sense of touch. The sense of taste, which some regard as an exalted modification of the perception of touch, is very obvious among insects. We see many species, while searching af¬ ter food, reject or only partially consume whatever is dis¬ agreeable or unexpected, while they gloat over a more favourite morsel. The organ in which the sense is placed is not, however, so easily determined. Some regard the palpi, and others the pharynx, as its principal seat. That portion of the labium which the French naturalists name the languette or ligula, has also been regarded as exercis¬ ing the sense of taste. It is certain that distinct nerves are distributed to that quarter, as represented by Lyonnet in his great work on the caterpillar of the cossus. I he sense of smell is exquisitely developed in the insect tribes. No sooner has an animal fallen, from age or sick¬ ness, even on the loneliest and most barren moor, where O L O G Y. perhaps no vestige of insect life was previously perceptible, Internal than troops of flies and carcass-eating beetles assemble Structurti from every quarter, led by the emanation of the tainted It was in truth the influence of the sense of smell that in ancient times no doubt gave rise to so many erroneous ideas regarding the origin of insect life. Every animal body in a state of decay being seen to present a crowd of small larvae or worms, these were regarded as the produce of corruption, whereas they resulted naturally, and accord¬ ing to the usual course, from eggs previously deposited by parent flies or beetles, which had been attracted by the putrid effluvia. It is not two hundred years since Redi proved for the first time, by conclusive experiments, that this was true. It is also known that bees will discover and hover around a box containing honey, though their prized treasure is screened from sight; and both flies and beetles are so affected by the perceptions of this sense, that even their peculiar and all but unerring instincts are occa¬ sionally deceived by its influence. They will deposit their eggs on plants which are characterized by a foetid smell (for example, on the Phallus incpudicus), misled by the resemblance of their flesh-like odour, which the experience of the sense of sight cannot rectify. The scent of many flowers is cadaverous, and is thus the means of assembling around their deceptive petals nu¬ merous insects which feed on putrid matter. It is thus that the spathes of the Arum dracunculus, and the corolla of the Stapelia variegata, are frequently found covered by SilpKae, flesh-flies, and other species, which not only at¬ tempt to feed upon them, but also deposit their eggs in what they conceive to be a fitting station. But the seat of this indispensable faculty is likewise still involved in ob¬ scurity. On a subject so difficult of solution, and which can only be solved by a consummate knowledge of anato¬ mical structure, viewed in relation to the uses of physio¬ logy, it would not become us to offer an opinion, or do more than report the sentiments of those who are neces¬ sarily more experienced than ourselves. Many agree with Dumeril in maintaining that in insects the sense of smell is effected, as among the higher animals, through media in very intimate connection with the process of respiration ; in other words, that either the tracheae or stigmatic open¬ ings are the seat of its exercise. Others again suppose, that for the exercise of so important a function, a more special and concentrated organ is required ; and proceeding upon the analogical relation of mere position, they regard the antennae as its seat. These receive the first pair of nerves, and so far correspond to the olfactory organs of the higher animals, which are likewise connected with the brain by means of the first pair. The question is one which is extremely difficult of determination, especially in reference to the singular experiments of Huber on bees, which go far to prove that the sense of smell, at least in these hymenopterous species, is placed in the cavity of the mouth. Christian maintained that insects exercised the sense of smell in relation to distant objects through their antennae, and in regard to near ones by means of their palpi; while Comparetti imagines that in the different tribes of insects different instruments are subservient to that end. Cuvier, at least in his earlier works (and we are not aware of any recorded change in his sentiments) favoured the opinion already alluded to regarding the respiratory organs. “ As the organ of smell,” he observes, “ in all animals which respire air, is situated at the entrance of the organs of re¬ spiration, the most probable conjecture that has been pro- 1 Lcfons iV Anatomic Corn parte, sect. 14. ENTOMOLOGY. lilt It: tli< Stir xnal posed respecting its seat in insects, is that of Baster, since i:ture. revived by several naturalists, who placed it in the mouths 0f the tracheae or air-tubes. In addition to the reasons hitherto stated in support of this opinion, we may observe that the internal membrane of the tracheae appears very well calculated to perform this office, being soft and mois¬ tened, and that the insects in which the tracheae en¬ large, and form numerous or considerable vesicles, are those which seem to possess the most perfect sense of smell. Such are the Scarabaei, flies, bees, &c. The an¬ tennae, which other anatomists have supposed to be the seat of smell in insects, do not appear to us to possess any of the conditions for that organ.”1 Huber’s experiments, undertaken with a view to as¬ certain the seat of smell in bees, consisted in presenting successively to all parts of their bodies a hair pencil dipt in oil of turpentine, an article which they particularly abominate. When made to approximate the head, trunk, or abdomen, it produced no particular effect, and the odour appeared to be equally disregarded by the antennae and proboscis. But when he brought the point of a fine hair pencil saturated in the oil almost into contact with the ca¬ vity of the mouth, above the insertion of the proboscis, the bee started back in an instant, quitted its food, clapped its wings, and would have taken immediate flight had not the pencil been removed. A repetition of the experiment pro¬ duced the same signs of discomposure ; and similar re¬ sults, but more prompt and sure, folloUAed the use of oil of marjoram. The indefatigable Genevese observer then stopt up the mouths of several bees with paste, which soon became comparatively hard and dry. In this state they were quite insensible to those odours which had pre¬ viously produced such painful effects.2 Mr Kirby maintains an opinion different from any we have yet alluded to, though more allied to the last than to the others. As the nose of an insect evidently corresponds with the part so named in the Mammalia, not only in its situation, but frequently in its form, and as a constant con- | nection may be observed to obtain between the senses of smell and taste, he felt convinced in the first place that the argument from analogy was wholly in favour of the nose, or anterior portion of the head formerly men¬ tioned under that name. The common burying beetle (Necrophorus vespillo) is an insect remarkable for its ex¬ treme accwacy and acuteness of smell. While examining the nose of this insect, Mr Kirby observed in the middle of its anterior part a subtrapezoidal space, as it were cut out and filled with a paler piece of a softer and more membra¬ nous texture. On dividing the head horizontally, he per¬ ceived beneath the nose, and partly under the space just mentioned, which he calls the rhinarium or nostril piece, a pair of circular pulpy cushions, covered by a membrane transversely striated with beautifully fine lines. These are what our learned author regards as the organs of smell, and he noted that they remained distinctly visible in a specimen which he had had by him for more than fifteen years.3 Hearing is perceptibly acute in some insects, and of more doubtful existence in others. The frequent and va¬ rious sounds to which many species give utterance have been adduced in proof of their being endowed with this* perception ; for we cannot but suppose that the shrill voice of the grasshopper, and the evening song of the cricket, are subservient to some essential end, which they cannot Internal well be if unheard by their blythe companions. The small Structure, wood-devouring beetle called the death-tick (Anobium), answers its neighbour’s call as regularly as a cock crows a response to its pugnacious rival; and Derham, when he kept these insects in captivity, by imitating their tiny call, could make them click when he pleased. What is called the voice in insects is usually produced by the friction of certain hard and horny parts of the limbs upon some other portion of the body of a like consistence. In others it is effected by a rapid vibration of the wings; and a few beetles seem to give utterance to a shrill and sometimes plaintive cry by rubbing the terminal segments of the ab¬ domen against the curved points of the elytra. This power of voice, as w e call it for want of a better name, is often possessed by the males alone; and as it is used as a call of love in spring and summer (most obviously so among the Cicada;), we infer the sense of hearing in the females of that family, and consequently in the class of in¬ sects. Brunelli kept some large green grasshoppers (Acrida vi- ridissima) in confinement. They used to sing all day in a closet, but ceased when any one gave a rap upon the door. He learned by degrees to imitate their chirping call. At first a few of the boldest would answer him, and then gradually the whole band would strike in and sing with all their might. On one occasion he inclosed a male in his garden, and gave the female her liberty; but no sooner did the husband begin to solace his captivity with a song than his quondam partner recognised the accus¬ tomed voice, and flew towards him without delay.4 In re¬ lation to this subject Dr Wollaston makes the following cu¬ rious observation. “ Since there is nothing in the consti¬ tution of the atmosphere to prevent vibrations much more frequent than any of which we are conscious, we may ima¬ gine that animals like the Grylli, whose powers appear to commence nearly where ours terminate, may have the fa¬ culty of hearing still sharper sounds, which at present we do not know to exist; and that there may be other insects, hearing nothing in common with us, but endued with a power of exciting, and a sense that perceives, vibrations indeed of the same nature as those which constitute our ordinary sounds, but so remote that the animals who per¬ ceive them may be said to possess another sense, agreeing w ith ours solely in the medium by which it is excited, and possibly wholly unaffected by those slower vibrations of which we are sensible.”5 The precise position, however, of the organ of hearing in insects has not been determined with precision. In the Crustacea it is found at the base of the large antennae; and Latreille has satisfied himself of its existence in a similar situation in an orthopterous insect called Gryllus lineola. Mr Kirby is of opinion that the primary use of the antenna; is to exercise a function analogous to that of hearing, and Mr Rennie entertains a similar sentiment. The sense of sight is too obvious in this class to require demonstration. The eyes of insects are, however, of a very different nature and construction from the exquisite¬ ly formed visual organs of the higher tribes. They con¬ sist of two kinds, the composite and the simple. The lat¬ ter, known under a certain form likewise by the name of ocelli or stemmatic eyes (stemmatd), are sometimes wanting, sometimes co-existent with the others.0 1 Comparative Anatomy, vol. ii. p. G87. 1 Nouvclks Observations sur let Abeillcs, t. ii. p. 375. 3 Introduction to Entomology, vol. iv. p. 254. * Lehmann, De Sensibns Extcniis Animnliitm Exsangnium, 22. s Phil. Trans. 1820, p. 314. 6 What Messrs Kirby and Spence name conglomerate eyes do not essentially differ from simple eyes, collected together in a com- pact bundle. They occur in Lqnsma, and many Myriapoda. 80 Internal The composite eyes generally form, as it , Structure, portions of the head. They are either entire, notched, or ^ > even occasionally so completely divided by a little corneous stalk, as to exhibit (for example in the genus Gynnus) the appearance of a pair on either side. In other respects their entomology. , the lateral (or upper ganglion), is either encompassed by a little eir-^ct^, cular trachea, or traverses the fibres of the abductor mus- ^ This branch soon augments in forms are extremely variable—their surfaces more or less cle of the mandibles, volume, and forms a kind of cone more or less extended, of which the base is towards the transparent cornea. Nu- convex. These compound eyes are com of a hard and transparent membrane (softer in the dipte- ! ‘ ‘ r)C11etrate the lining of the cornea, and finally rous tribes), which presents an infinity of sma lexag-ona on a facette 0f the transparent cornea, so noil externallv merous nerves proceed from that base, mingle with the W i the dinte- tracheee of the choroid, traverse both that membrane and surfaces, disposed with the most exquisite regularity. This peculiar structure prevails equally on the concave or intei - nal, as on the convex or external surface. The structure and composition of the eyes of insects have been caiefu ly stu¬ died and explained by Leeuwenhoeck, Swammerdam, Cu¬ vier, and more lately and laboriously by Marcel de Senes. We shall here avail ourselves of the resume given by M. Victor Audouin.1 In the eye of an insect we obseive, \si, a cornea (convex in proportion to the carnivoious habits of the species), transparent, hard, thickish, gene- that the nervous filaments are thus immediately in contact with the light, which reaches them after having traversed only the last-named organ. This disposition of the ner¬ vous threads, which thus constitute as many small retinae as there are facettes in the cornea of the eye, is very distin¬ guishable in Libellula, Truxalis, and Gryllus. The eyes of insects, then, contain no humours properly so called,— neither vitreous nor crystalline,—and vision is consequent¬ ly much more simple with them than with the vertebrated Srencased i„‘a groove of the head, and exhibiting many tribes, in which the nerves are placed deeper in the eye. thousmi^reguiarlf'dispi^ed, hexagonal each of and do not receive the rays of light till these have passed ICh is i„ itself a neifect eve. These are sometimes so through media of different densities which is in itself a perfect eye numerous that not fewer than 34,650 lenses have been counted in the head of a butterfly, and the coleopteious ge¬ nus Dynastes of Macleay is supposed to be still more won¬ derfully and exuberantly supplied. 2d, An opaque, slight¬ ly liquid matter, variously coloured, frequently deep violet or black, but sometimes red or green, tenaciously adhe¬ rent to the inner face of the cornea, and distinct from the deep-black varnish of the choroid. _ It is by no means rare to observe various colours united in the same eye, which The simple or stemmatic eyes of insects are usually three in number, and are placed on the crown of the head, be¬ tween the genuine organs of sight, from which their struc¬ ture differs. In spite of their extreme minuteness, Mar¬ cel de Serres has succeeded in detecting the following component parts. 1st, A transparent cornea, formed by an external membrane, hard, convex externally, and smooth, that is, exhibiting no appearance of facettes. 2d, Of a va¬ riously-coloured matter, which lines the internal face of then appears beautifully mottled, as in many species of the the cornea, but which is perhaps not essentially distinct orthopterous, neuropterous, and dipterous orders. These from the varnish of the choroid. It varies in colour, be- tints, however brilliant in the living state, speedily vanish ing almost always black in Hymenoptera, usually whitish after death. They are always owing to this peculiar coat- in Orthoptera, and, in many caterpillars, yellow, red, oi ing of the cornea, od, A true choroid, covered by a dark green, 'id, A kind of choroid, rather thick, more extend- varnish, which may be regarded as a pigmentum nigrum, ed on the surface than the cornea itself, sometimes oi a The lynx-eyed Swammerdam failed to distinguish this black colour, more frequently red, and occasionally of a coating from that of the cornea; but, in the opinion of peculiar whitish hue. 4/A, Tracheae, which do not derive Marcel de Serres, it is really different. The choroid and their origin from a circular air vessel, and do not, as it its pigment do not always exist in insects. They are want¬ ing in the Blattce, and in all the lucifugous or light shun¬ ning species, such as those of the genera Blaps, Tencbrio, and Pedinus. In these cases, it has been remarked that the covering of the cornea is much deeper than usual. The choroid membrane is fixed by its circumference to all the margin of the cornea, of which it follows the contour, and is intimately connected with the tracheae, which are there so numerous. 4/A, Air vessels which play an important part. They take their rise from larger trunks which are situated in the head, and form around the eye a circular trachea, which sends forth an infinity of branches, produ¬ cing by bifurcation a number of isosceles triangles. These triangles, of which the base is outwards, are placed around the optic cone, and receive, in each angular interval which separates their summits, a nervous filament, which traver¬ ses the choroid, and reaches the external surface of the covering of the cornea. The assemblage of tracheae and nervous threads forms at the circumference of the eye a were, constitute the choroid, but appear to be distributed over its surface. 5/A, Nerves proceeding either directly from the brain or upper ganglion, or from another more considerable nerve or common trunk, according as these simple eyes are separate from each other, as in perfect in¬ sects, or closely approached, as among larvae. In their pas¬ sage towards the eyes they are attached to the neighbour¬ ing parts by tracheae or air vesicles, and do not appear to present any swelling ; they pass between the motive mus¬ cles of the different parts of the head, traverse the choroid and its varnish, and expand upon the internal face of the cornea, where they are surrounded by the layer of pig¬ ment belonging to that membrane. Thus, on examining the simple or stemmatic eyes of insects, and proceeding from the circumference to the centre, we meet with a transparent cornea,—a pigment, which lines its inner face,— the termination of the optic nerves,—the pigment of the choroid, when distinct from that of the cornea,—and the choroid itself, which frequently rests upon a large trachea. peculiar kind of network, of which the aspect is beautiful The principal character of these simple eyes consists in to look upon. The tracheae themselves are so abundant on the choroid, that that membrane appears to be compos¬ ed of them ; and it may also be noted, that in those genera in which the choroid is wanting, the circular trachea is likewise absent.2 5/A, Nerves arise from a principal this, that each is a single organ, whereas the composite eyes, as the name implies, are formed by the union of many. The one kind is most characteristic of the larva state, the other of the perfect insect; but several orders, even in the last-mentioned condition, possess both organs. 1 Diet. Class. d'Hist. Nat. t. viii. p. 554. ’ Muller and others appear to entertain a different view from that given above. The subject is one of considerable complexity, and our present limits prevent our entering into its .various and sometimes contradictory details. We refer the curious reader to a series of papers on the visual organs of insects and Crustacea in the fourth volume of the Naturalist's Magazine. £ ENTOMOLOGY. 81 - In' nal Thus, with few exceptions, the Orthoptera, Hemiptera, •Stn jure. Hymenoptera, Neuroptera, and Diptera, possess both sim- pie and compound eyes. Dr Carus however states that the stemmata do not exist either in beetles or butterflies ; a most erroneous opinion in regard to the latter, in which they exist universally, although not always detected; and incorrect as to the former, in several of which they have been distinctly seen. They are visible in Gravenhorst’s genus Omalium, or at least in some of the species d and Mr Kirby found them very conspicuous in A. Caraboides, and other Anthophagi. They are wanting in Strepsiptera, Derm- aptera, and Aptera. Although neither Linnaeus nor Fabricius, those great masters in the science, gave any explanation of the uses of the stemmata, there can be no doubt that Swammerdam and Reaumur were correct in regarding them as genuine eyes.1 2 The French wu-iter supposes that the compound organs have the power of magnifying, and are used for sur¬ veying more distant objects, wrhile the simple ones possess little of that power, and are employed on objects close at hand. Blumenbach is also of opinion that the polyhedral eyes are for viewing distant objects, and the simple ones for such as are near.3 This is in some measure confirmed by the fact, that while most insects in the perfect state have large compound eyes, caterpillars and other larvae have usually small myopic ones. On the other hand, the Mole cricket (Gi'yllotalpa), a truly subterranean species, is furnished with both kinds. Reaumur’s experiments on the visual organs of bees are extremely important in rela¬ tion to our present subject. He smeared the compound eyes with paint, when the insects, instead of directing their flight towards the hive, ascended in the air till they were lost to sight. He then treated the stemmatic eyes in the 1 same manner, and placing his patients near their hive, they winged their way on all sides among the surrounding flowers, but neither ascended into the air, nor flew far from i home. From these experiments it has been supposed that i the compound eyes are for horizontal sight, and the stem¬ matic for vertical.4 Spix imagines that what we call sim¬ ple eyes in insects are in fact olfactory organs.5 Nothing i can be adduced in support of a theory so fantastical. We shall conclude this branch of our subject by observ- :j ing that some insects are supposed to be entirely destitute of eyes. This is the case, according to Rudolphi,6 with the coleopterous genus Claviger, in which there are cer¬ tainly no apparent eyes; and Marcel de Serres observes, “ un assez grand nombre de larves a metamorphose com- D plete n’ont point d’yeux du tout.”7 SECT. II.—THE RESPIRATORY SYSTEM IN INSECTS. Though insects respire air, they do not receive it, like the ] majority of vertebrated animals, through nostrils or other ori- y flees in the head, but by means of numerous small openings a along the sides of the body, and which lead not to lungs, but - to a system of air vessels ramified ad ivjinitum through e every part of the body. The respiratory organs of this e class are composed of stigmata, trachea, and bronchia. The i, first, called also spiracles or breathing pores, consist of a small perforations of various forms, placed along the lateral e portions of the body, and generally incased externally in a f small corneous ring, though sometimes pierced in the mem- 3 brane which separates the dorsal from the ventral surface. These stigmatic openings occur both on the thorax and abdomen, and lead inwards to the tracheae. Their num- 1 Magazin der Entomologie,\v. 410. 2 See Biblia Naturce, i. 214; and Memoires, iv. 245. 3 Vertjl. Anatomic, p. 425. 4 Introduction to Entomology, iii. 505. VOL. IX. ber varies according to the species, and even in the same Internal species according to the temporary condition of the indivi- Structure, dual. They are wanting on the second and third segments v— of the body of the larva; and as it is from these segments that the wings are developed, M. de Blainville has been induced, probably by that circumstance, to regard the or¬ gans of flight as reversed and expanded trachem. The existence, however, of stigmatic openings on the thorax of the perfect insect simultaneously with the wings, militates against this theory ; for if these parts were convertible, would they not be likewise each exclusive of the other ? Parallel with the sides of the body of most insects, and extending its whole length, run two cylindrical tubes, which communicate with the spiracles, and give issue, at points opposite to those organs, to other tubes, the ramifications of which are distributed over all the membranes, penetrate the muscles, and pervade even the legs and wings. They also envelope the dorsal vessel and digestive organs, and demonstrate that the ultimate aim of respiration is assimi¬ lation, or the increase and reproduction of organic mole¬ cules, by the decomposition of food. The first of these tubes are called the tracheae, the latter the bronchiae. This structure, however, cannot be regarded as universal, as in many of the lamellicorn beetles the bronchiae spring directly from the spiracles, the interior mouth of w hich is lined by a membrane from which they proceed.8 But a volume would scarcely suffice to describe the beautifully varied features of the respiratory system in insects. Among those tribes especially w hich pass their early stages under water, the changes in form and position in these organs cannot be sufficiently admired. Several common species of gnat, the larvae of which abound during the summer season in all our ponds and marshes, will afford a familiar illustration. When one of these is examined, a singular tunnel-shaped organ, terminating in a radiated point like a star, will be perceived, forming an angle with the penulti¬ mate segment of the body. In the interior of this organ is a tube, wdiich conveys the air to the tracheae, and com¬ municates with the atmosphere by means of several perfo¬ rations in the centre of the star. The diverging rays of the star suspend the animal at the surface of the water, with its head downwards, till it wishes to descend. It has no sooner assumed the pupa state, than the respiratory tail disappears, and the insect (still an inhabitant of the water) then breathes through twro projecting horns, each resembling a little cornucopia, which proceed from the upper part of the trunk. Ere long the skin of the pupa bursts asunder, and the perfect gnat, or winged insect, makes its appearance, with neither caudal nor thoracic ap¬ pendages, but breathing by means of numerous lateral pores (the stigmata above mentioned), after the usual man¬ ner. The rat-tailed worm in this respect is still more ex¬ traordinary. In the larva state it breathes through a tail formed of retractile tubes, like a telescope, and capable of being extended many times the length of the body. This also terminates in a star-like process, which, when viewed in a strong light, forms a perceptible dimple on the surface of the water ; and as the body of the insect lies in the mud below, the tail is contracted or extended according to the varying depth of its stagnant habitation. On assuming the pupa state, in which it is no longer an aquatic animal, the respiratory tail is cast off*, and its function performed by four horns, which spring from the upper part of the thorax. It afterwards becomes one of those bee-like flies so remarkable for the rapid vibratory movement of their * Cephalogenesis, p. 57. 6 Physiologic, ii. 154. 7 Mem. sur les 'Yetix composes etles Yeux litses 8 Introd. to Ent. vol. iv. p. 61. L 82 entomology. Internal wines, by which, during calm sunshine, they are often seen Structure, suspemded in the air like hawks, without any perceptibk —' motion. In this last stage respiration is carried on h> s\ racles or breathing-pores. SECT. III.—THE DORSAL VESSEL, OR SUPPOSED CIRCULATING SYSTEM, OF INSECTS. We shall next endeavour to explain the construction and physiological uses of the organ known by the name of dUThe]ZtLry use of the heart of animals is the elabora¬ tion of the nutritive fluid by which the general system i strengthened and sustained; its secondary use is to effect the circulation of that fluid, a process by which important changes are produced in its nature or attributes. Ihe dorsal vessel, which corresponds to the heart in insects, certainly effects the primary purpose; its performance of the secondary one is, as we shall see, a matter of grea When an insect is dissected with due precaution from its inferior surface, and we remove the nervous system, which first presents itself, and then the intestines and other viscera, we shall observe running along the back, a pecu¬ liar vessel, of which the most obvious powers are those of contraction and dilatation. It is of a cylindrical form, narrowed at either end, and extends from the head to the anal extremity. This constitutes the heart, frequently so called, of the class of insects. A closer examination shows that it is composed of two membranes, one internal ant muscular, the other external and cellular, and pervaded by a close interlacement of trachea; or air-vessels. When opened, its interior presents a transparent coagulable li¬ quid, which dries rapidly, and then exhibits the aspect of oum, of a colour seldom deeply defined, but sometimes greenish, orange yellow, or sombre brown. Masses of fat frequently surround this vessel, and partake of the tint by which it is pervaded. If, as Marcel de Serres has noted, the dorsal vessel (for so this organ is often named) were a genuine heart, or centre of a circulating system, it would be necessarily open at one or other of its extremities, and would present vascular ramifications in certain points of its extent. But, according to the minute and laborious inves¬ tigations of the last-named author, no such openings are observable. The same view was taken by Swammerdam ; and Lyonnet, so unrivalled in his examination of the struc¬ ture of insects, was foiled in his attempts to demonstrate the ramifications of the dorsal vessel. Comparetti no doubt took another view of the subject; and if the assurance of his readers was equal to his own, less suspicion would exist of the possibility of his having mistaken biliary for san- -guineous vessels. Anatomists, however, are greatly divided in opinion re¬ garding the essential nature of this organ. It has been dissected and injected by Marcel de Serres in a variety of species ; but in none could he discover its divisions or ra¬ mifications. Even when he removed it entirely from the insect, no drop of the liquid which it contained was ob¬ served to escape, which he thinks it must have done on the cutting away of open vessels during dissection, had these existed. The heating of this dorsal vessel was not explicable, otherwise than by the contraction of its tissue, or the movement of the fluid which it contained; and such movement was not itself conceivable except in the case of circulation, which the alleged closure and non-division of the organ forbade us to suppose. Its contractions also appeared irregular, and scarcely ever isochronic; that is, the same number of pulsatiotis, if they may be so called, did not take place in an equal time. They varied singu¬ larly in different species. Thirty-six per minute were counted in the caterpillar of the/Wts Major eighty- Intend two at least in grasshoppers, and a hundred and forty in htrurtwe one of the ground bees. While endeavouring to discover the cause of these contractions, Marcel de Serres came to the conclusion that they bore a relation, 1st, to the quan¬ tity of adipose tissue by which they were surrounded; 2dly, to the energy of the muscular fibres which were in¬ serted on the vessel, and were the means of fixing it to the rings of the abdomen; 3dly, to the number of tracheae or air conduits by which it was supplied. He was not of opi¬ nion that the nerves exercised any strongly marked influ¬ ence on these contractions, although we know that special nerves are directed to the dorsal vessel. The fact, how¬ ever, which he deemed the most clearly established, was the influential action of the muscles. When any of these were removed, the pulsations became less frequent, on a farther removal they still diminished; and when the muscles were almost all withdrawn, the pulsations ceased. The appropriate function of this disputed organ, according to the last-named author, is the secretion of fat. Baron Cuvier also denies to it the character of a genuine heart. Meckel and Herold, on the other hand, regard the dorsal vessel as a heart, and they conceive that the use of its^ movement is to agitate the fluid contained in the cavity of the insect’s body ; but they do not admit the existence of posterior or anterior openings for the reception or rejec¬ tion of that fluid. It is long since Lyonnet informed us that it contained a gummy matter of an orange colour; and some recent observations have led Latreille to admit the existence of certain very minute accessory vessels. In ad¬ dition, however, to the fact that this circulation must be extremely partial, insects would still greatly differ in that respect from the Crustacea, inasmuch as the blood does not return to the heart. Herold is of opinion that the trian¬ gular muscles of the dorsal vessel serve for its dilatation, while the systole movements are effected by the muscular fibres, which form the proper tunic. Straus is also of opi¬ nion that the dorsal vessel is the true heart in the class of insects, and that it serves, as in the higher animals, as the motive organ of the blood, which, however, instead of being contained in vessels, permeates in the general cavity of the body. According to his views, it terminates ante¬ riorly by a single unramified artery, which conveys the blood to the head, where it pours it out, and from whence it returns again to the abdomen, to re-enter the dorsal ves¬ sel. He thus limits the circulating system of insects to a single artery without branches (there are not any veins); and he combats the sentiments of Herold regarding the muscular nature of the wings of the heart, which, he main¬ tains, are only simple fibrous ligaments, by which it is main¬ tained in its proper place. The heart itself, that is, the ab¬ dominal portion of the vessel, he describes as divided inte¬ riorly into eight successive chambers (as in the common cockchafer, Melolontha vulgaris), separated from each other by two convergent valvules, which permit the transmission of the blood or circulating fluid from behind forwards, and from one chamber to another, up to the artery which con¬ ducts it to the head, but prevent its retrograde motion. Towards the lateral and anterior portion of each chamber are two transverse fissures, which communicate with the abdominal cavity, and through which the blood contained in the latter enters the heart. Each of these apertures is provided internally with a little semicircular valve, which presses on it during the systole of the organ. When the posterior chamber dilates, the fluid contained in the abdo¬ minal cavity penetrates into it by the transverse fissures, called auriculo-ventriculaires by M. Straus. When the chamber contracts, the blood, unable to return into the abdominal cavity, forces the *«fer-ventricular valve, and passes into the second chamber, which dilates to receive it, E N T O M L, > Int fial along with an additional quantity which enters by the true ^Stru are. auriculo-ventricular openings. The second chamber then contracts in a similar manner, and forces the fluid into the third, which at the same time also receives a supply from the lateral openings; and thus the blood is forced from one chamber to another by successive contractions, till it reaches the artery. These are said to constitute the move¬ ments so distinctly perceptible through the dorsal skin of many caterpillars. Mr Bowerbank has recently published some observations on the circulation of the blood in insects.1 The instance detailed was that of the larva of an Ephemera {E. margi- natd). In fixing the insect for examination (under water), especial care must be taken not to compress the body, which impedes or interrupts the circulation of the lateral vessels, and that of the tail, legs, and antennae. When the larva is fixed, with its dorsal aspect towards the observer, a truly beautiful sight is said to present itself. The blood, abounding in flattened oat-shaped particles, will be seen circulating in every part of the body, not in a continuous stream, but at regular points, in accordance with the pul¬ sations of the great dorsal vessel. The latter, which is of great comparative magnitude, extends nearly the whole length of the body, and is furnished at regular intervals ' with double valves, nearly equal in amount to the segments of the body. Both above and below each of these sets of valves there is a pair of irregular-looking appendages, which are probably nervous ganglions, auxiliary to the motions of the vessel, but so extremely translucent as to be scarcely definable in their form, even through the medium of the highest power which we can apply. The action of the valves is singularly interesting. While in their greatest state of collapse, the point of the lower valve is seen close¬ ly compressed within the \ipper one. At the commence¬ ment of the expansion of the artery, the blood is seen flowing in from the lateral aperture, and at the same time j. I the stream in the artery commences its ascent. When it has nearly attained its greatest state of expansion, the sides j. ; of the lower valve are forced upwards by the increased flow of the blood from the section below the valve, the lateral openings are closed, and the main current of the blood is projected through the two valves. The structure of the upper valve appears to consist of a duplication inwards and upwards of the inner coat of the artery ; that of the under, of a contraction and projection of the like parts of a por¬ tion of the artery beneath, so as to come within the grasp of the lower part of the valve above it. The exterior por¬ tion or continuation of the artery is perceptible in the form of an exceedingly fine and transparent membrane. The so-called blood does not appear to be confined within any specific vessels prior to its entering the lateral openings just mentioned, because, as soon as they expand, the par¬ ticles are seen converging towards them. The whole of r l the fluid received throughout the course of the dorsal ves¬ sel is conveyed to the extremity of the anterior part of the body, where the vessel makes a curve inwards, and is lost to view. To all appearance the main current of the blood is now discharged into the cavity of the body, as it is seen pursuing its course downwards in a wide-spreading stream on each side, and beneath the dorsal vessel. As it de¬ scends, portions are again absorbed by the valves of the l,s large vessel, while at the same time smaller vessels pass down each side of the body, and convey another portion of blood to the lower extremity. These lesser vessels have perceptible boundaries, and are certainly not portions of the great abdominal cavity. They communicate at each junction of the segments of the body with that cavity, as a O L O G Y. ' 83 part of the fluid they convey is discharged at those points, Internal to supply the place of what is absorbed by the valves of Structure, the dorsal vessel, into the lower end of which they empty their contents. In the caudal extremity the ascending and descending vessels ai’e seen, like vein and artery, to accom¬ pany each other, and at the same moment that the fluid passes up the one with the usual pulsatory motion, it de¬ scends the other. There is, however, no perceptible pul¬ sation of these minuter vessels themselves, and the motion of their fluids therefore results from the action of the great dorsal heart. “ Next to the larvae of the Ephemera marginata,” Mr Bowerbank observes, “ the larvae of Agrion afford the best view of the blood and its circulation. In all the species of these larvae I have yet examined, I have found it as near¬ ly similar as possible in appearance to that which we ob¬ serve in the Ephemera, and in some instances it has afford¬ ed even more satisfactory results. The head of this larva is much more transparent than that of the larva of the Ephe¬ mera ; we therefore have a better view of the circulation of the blood in the head of this insect than can possibly be ob¬ tained in the other. In this object the blood is seen rushing like a beautiful intermittent fountain towards the mouth, and dividing right and left into two jets, a portion of each of which flows within a given boundary past the back of the eye, whilst the remainder winds its way through other channels, deep in the side of the head, and returns again into the body. The antennae of this insect also afford another beautiful instance of the circulation being carried forward within well-defined vessels. They are each composed of six joints, up four of which the blood is seen to take its course ; and turning round the extremity of the fourth joint, it re¬ turns by a distinct vessel into the head. In the leg, like¬ wise, the circulating fluid and its vessels are clearly and distinctly to be traced, even to the very extremity of the tarsus, where, as in the antennae, the particles of the blood are seen to descend on the one side of the leg, and, turn¬ ing the extreme point, to return up the contrary side to the one by which they come down. I regret much that I have not yet had an opportunity of examining the Ephe¬ mera in its perfect state ; but in two species of Culex, one of which was first observed and brought to me by my friend Mr Tulley, I have seen the great dorsal vessel performing its functions in a manner similar in every respect to its ap¬ pearance in the larvae of Ephemera, Agrion, &c. &c.; but, from the body of the fly being more opaque than that of the larvae, and nearly covered with its striated scales, neither the valves nor the particles of the blood could be detect¬ ed. On another occasion, after having carefully cleared the wings of Phlogophora meticulosa of their coloured scales, both Mr Samouelle and myself clearly saw a fluid pass down the side of one of the principal ribs of the wing. We may therefore, I think, fairly conclude, that the circu¬ lation is carried forward in the perfect insect as well as in the larva, although, perhaps, not with so much vigour as when young and growing.”2 The writer whose observations we have just quoted, in¬ clines to the opinion that a much greater portion of the circulation than we can clearly define is carried on within special vessels, as the blood may be frequently seen flow¬ ing in curved and other lines, as if confined within very narrow limits. These streams, however, are generally so deeply seated amidst the muscles and intestines as totally to prevent their boundaries from being clearly seen. The blood itself is in fact a perfectly colourless and transparent fluid, rendered visible only by its containing a number of oat-shaped particles; and even the great dorsal vessel can- id it, 1 Entomological Magazine, No. III. p. 239. 2 Ibid. p. 242. 84 entomology. ^“sSSSsSraS feria&a-^JSKr-B^ 5 plates in that of man, namely, that the former, in common with the latter, assume a globular form immediately on com¬ ing into contact with water.1 The reader will be able to judge, from the preceding notices, of the diversified opinions still entertained regard¬ ing the circulation of the blood in insects. We shall con¬ clude with a short account of Dr Carus’s observations, which many consider as the first of a satisfactory and con¬ clusive nature on the subject. Mr Spence, the accomplish duction or development of the newly acquired organs, is rendered the more probable when we consider that, dur¬ ing the intermediate or nympha state, the insect abstains from food, and is therefore necessarily dependent on some internal reservoir. It is analogous, in fact, to the store ot fat which is known to pervade the system of hybernating animals before they consign themselves to their winter sleep. In regard to the nutrition of insects, our opinions must be in a measure regulated by the sentiments which we may the advantage^ at a adopt „ to the functional uses of the dorsal vessel eu cuaujutui x jj . » * nHcprvp. that, in all the burner amma We pretty" recent period^ of witnessing some of the most strik- need scarcely observe, that in all the higher animals, and ing facts on which the Dresden physician rests his views, transmitted an account of them to an English periodical. “ The first insect,” he observes, “ to which Dr Carus di¬ rected my attention was the larva of Ephemera vulgata (or an allied species), in which, near to the branchiae, and pa¬ rallel with each side of the body, was very distinctly visible in most of the invertebrated tribes, nutrition is effected through the medium of the blood, which, propelled by the heart, circulates through the entire system, and reaches every organ, after having been submitted to the action ot the air in lungs or gills. Cuvier thinks it is carried on among insects by imbibition. The alimentary canal ela- a constant current, towards the tail, of oblong globules, borates a fluid which transudes through its coats, and flows swimming in a transparent fluid, propelled with a regular into the cavity of the body. Ihere the various organs v .. ^ 4-V*^ KrvrUr rv{* flvo Iqwq ftiirh ns thp miisplps. the ner nulsatino- motion ; and in cutting the body of the larva such as the muscles, the nerves, and many secreting ves- 1 & .v Sels, absorb from that fluid nutriment, whatever molecules across, near the tail, these globules were most plainly seen , , . ^ , pushed out of the divided vessels in a distinct mass, which are best adapted to their purposes. 1 hose who look upon increased at each pulsation. I cannot express the plea- the dorsal vessel as a true heart, which dispenses a circu- sure which it gave me to see thus clearly this ocular de- kiting fluid to the remotest ramifications of the wings and monstration of one of the most important physiological dis- tarsi, will place less confidence in this particular view, coveries of modern times ; and my gratification was height- However, it is certain that the secreting vessels are cha¬ ined by the next object which Dr Carus placed before his racterized by a structure entirely appropriate to the func- microscope, viz. a specimen of Semblis viridis, in which tions which we have just assigned them, their surface precisely the same phenomena, but if possible more clear- being obviously furnished with numerous pores or small lv, were seen in the nervures of the wings, and in the an- absorbent mouths. • 1 .1 !• 1. vl- . 4. ™4- SECT. V THE DIGESTIVE SYSTEM OF INSECTS. tennse, in both which the constant current of globules was most apparent; and in the former, the sudden turning of these globules at the apex of the wing, out of the exte¬ rior nervure, into a central one, with which it joins and The digestive system in insects naturally forms the next forms an acute angle, was equally curious and striking, subject of consideration. The earliest, most general, and On cutting off the end of the antennae, precisely the same perhaps the only indispensable function of animal life, is emission of globules (which soon assume a greenish tint) that of nutrition. But its materials are so different, and took place as in the former case, forming a mass which was increased with a sudden gush at each pulsation.”2 The chief point to be attended to in the manipulation of these microscopic experiments, is to place the specimens on the their modes of reception so various, that the exercise of this function by no means necessitates the existence of a mouth, a stomach, or an alimentary canal; for an increase of parts may be effected even through the medium of im- slip of glass, in a drop of pretty thick gum water, which ponderable or elastic fluids, and by imperceptible and super¬ confines their too agile movements, without affecting the transparency of the medium SECT. IV OF THE ADIPOSE TISSUE OF INSECTS. Insects are abundantly supplied with an adipose sub¬ stance or fatty matter, which may be mentioned in this place with the more propriety, as many consider it a secretion ficial pores.3 The digestive organs of insects are however in general rather complicated, and a great variety of parts are brought into action. The more external portions, or those of the mouth, have been already described. We shall therefore at present confine our observations to the different portions of the intestinal canal, and the biliary and salivary vessels,. It is natural to suppose that, in a class so extensive and from the dorsal vessel. It is spread over the viscera and varied as that with w hich we are now engaged, a correspond- in the splanchnic cavities ; and although its aspect varies, it ing diversity must exist in the form, development, and seems to consist essentially of membranous woofs, in some number of the parts which constitute the intestinal canal, cases divided in shreds, in others spread over the intes- It is alw’ays, however, so far tubular, and open at either tines and against the sides of the abdomen, and containing end \ but in some it is straight and of the length of the pouches filled with a homogeneous pulpy matter, sometimes body ; in others it is bent and longer than the bo^y; while in an oily condition, and offering all the characters of in many it is tortuous, or twisted on itself in numerous con- grease. Much more of it is observable among larvae than volutions, and consequently of great extent. In general, in perfect insects, and this observation leads us to a know- its length corresponds in a certain measure with the nature 1 EntomologicafMagazine, p. 244. 2 Magazine of Natural History, vol. iii. p. 4G. See also the German memoir by Dr Carus on the circulation of the larva; of neu- ropterous insects (Leipsig, ltJ27). I he English reader may consult Mr Gore’s translation of Carus’s Introduction to Comparative Ana¬ tomy, appendix to vol. ii. p. 392. * y0l. m. 0f this work, p. 183. * ENTOMOLOGY. Ii! rnal of the aliments; such insects as feed on vegetable matters Sta ture, having a longer, and such as feed on animal substances a w' shorter canal. In some it is of equal diameter throughout; in others the breadth of special portions varies; and there are many dilatations and restrictions, known by various names. It even differs greatly in the same species, accord¬ ing as the individual exists in the larva or imago state. The texture of the intestinal canal in insects is not the same in all parts of its extent; but on a careful examina¬ tion it is found to exhibit throughout three tunics, more or less distinctly marked. Of these, the first is external, with a membranous aspect; the second is of course intermediate and muscular, with its fibres diversely directed; the third is internal and mucous. In its more complicated state it exhibits the following parts: Is#, a pharynx ; 2d, an oeso¬ phagus ; 3rf, a crop ; 4#/«, a gizzard; bth, a chylijic ventri¬ cle; Qth, intestines, which may be considered in subdivi¬ sion as the small intestines, the great intestine or caecum, and the rectum. The following may be regarded as the usual process of transmission. The mouth, having seized and chewed the food, transmits it to the pharynx, into which salivary vessels sometimes open. It then passes into the oesophagus (of which the muscular nature occasionally produces by its action a peculiar impression), and is next transmitted to the crop, which converts it into a homoge¬ neous pulp. This is introduced into the gizzard, of which the sides, being armed with teeth, complete its trituration. In the form of a kind of paste it is now received by the chylific ventricle, where it undergoes the action of the bile, is converted into chyle, and thus supplies the nutritive fluid, which, passing through the coats of the ventricle, spreads over the splanchnic cavity, and pervades the whole of the organs. The residue is received by the small intes¬ tine, then by the great intestine, in which it remains for some time, and finally by the rectum. The pharynx, which is sometimes rather difficult to dis¬ tinguish as a distinct feature, is placed at the bottom of the mouth, and may be regarded as an anterior dilatation of the oesophagus. Two pieces, very apparent in certain Hymenoptera, called the epipharynx and the hypopharynx, seem to restrict and protect its entrance. The oesophagus is a conduit varying in length, which traverses the prothorax, and sometimes extends beyond it; but it is occasionally so short as scarcely to pass beyond the region of the head. Its structure is musculo-membra- nous, and it opens into the crop, or, if that part is wanting, into the gizzard, or, if the latter is also absent, into the chylific ventricle. It is around the origin of the oesopha¬ gus that the nervous system, as formerly described, con¬ stitutes a ring, by sending forth two branches which unite on the inferior face of the body. The crop, which is by some called the stomach, is essen¬ tially nothing more than a dilatation of the oesophagus. It I is often difficult to detect, is sometimes entirely wanting, and may be observed to vary greatly even in two indivi¬ duals of the same species. Exteriorly it does not differ much from the gizzard, but its interior never presents those corneous pieces which in the latter serve the purposes of trituration. Its position bears some analogy to that of the crop of birds, from which circumstance it has probably derived its name. Its texture is simply membranous, or slightly muscular when its development is considerable, and in that case it is not rare to observe certain folds or fleshy columns and deeper lines, which give it something of a ribbed appearance. These folds, prolonged in the in¬ terior, frequently constitute a kind of valve. It is in this crop that bees contain their honey prior to their disgorg¬ ing it, and it likewise serves as the reservoir of that black and often fetid fluid which many insects allow to flow from their mouths when they are seized. The form of the crop 85 differs in the various species; and even in individuals of Internal the same species, according to its state of repletion or va- Structure, cuity, it assumes an ovoid, rounded, or pear-shaped appear- ance. In some orders of insects it is greatly developed, and very muscular; and in certain cases, instead of lying in the same direction with the intestinal canal, it forms with it an angle more or less acute, thus constituting a lateral pouch varying in extent and form. The gizzard follows the crop. Its existence is not con¬ stant, and its essential character consists in its singular in¬ ternal structure, which is furnished with moveable portions of a horny texture, provided with ridges or bristles point¬ ed in all directions, in the form of combs or brushes. The principal portions are more or less numerous, and form by their union a kind of valvule at the orifice of the chylific ventricle, into which they permit nothing to enter but what has been previously reduced to a state of tenuity. This very singular triturating machine, as we may call it, exists among both the herbivorous and carnivorous kinds. It recalls to mind the aspect of the stomach among the crustaceous tribes. Externally it greatly resembles the crop, and in¬ deed can scarcely be distinguished from it otherwise than by its internal structure. The chylific ventricle, which corresponds to the part named duodenum by Marcel de Serres, and stomach by Ramdhor, is a very constant organ among insects, although its form and character are extremely various. It is here that the pulpy food, mixed with specially elaborated fluids, is converted into chyle. One of its most constant charac¬ ters is the insertion on a kind of circular pad more or less developed, of at least one extremity of the biliary vessels. Its texture is soft and delicate, and capable of varying its capacity by extension. Its form is generally cylindrical, although it sometimes undergoes dilatations and restric¬ tions in its course. In some rare instances, detailed by M. Dufour, it is bilobed or bifurcated at its commence¬ ment, the preceding part of the alimentary canal being in¬ serted in the angle of the furcation. It presents several » other occasional and very curious characters, but it is in general straight, and but rarely exhibits a limited number of convolutions. It is not garnished interiorly with tritu¬ rating organs, either muscular or corneous; but it is fur¬ nished with a valvule at the point of union with the intes¬ tine. One of its most curious characters consists in its being sometimes villous on the surface, that is, covered by a quantity of little tubes, named villosities by Cuvier, and papillce by Dufour. These are a species of tubes or purses, somewhat resembling the fingers of a glove, and opening into the ventricle. Their functional uses are differently construed by physiologists. Cuvier inclines to think that they draw from the abdominal cavity a gastric fluid, which they pour into the ventricle to aid digestion. Marcel de Serres partakes of the same opinion, and regards these pa¬ pillae as the superior hepatic vessels. Dufour, however, does not consider them as analogous to the biliary vessels, but as culs-de-sac, which receive the alimentary fluid, and, after its conversion into chyle, transmit it to the abdominal cavity. That able anatomist has recognised in their inte¬ rior a brownish matter, quite analogous to what is contain¬ ed in the ventricle itself. They do not differ greatly as to form, but a great variation occurs in regard to number and disposition. Sometimes they exist in great numbers throughout the whole extent of the ventricle, sometimes they are fewer in number, and confined to a limited por¬ tion. Insects belonging to the orthopterous order have but few of these papillae, but they are greatly developed, and inserted on the anterior part. In other instances the papillae are entirely absent; and the ventricle is then smooth, or occasionally exhibits depressed lines, which divide it transversely into so many little bands. The presence of 86 entomology Internal these papillae cannot be regarded as a constant character i Structure. anY group, for we find them absent or present in diltere insects of the same family, without any known or assign¬ able cause. They occur indiscriminately among carnivo¬ rous and herbivorous species ; but it is among the coleopte¬ rous tribes that they show themselves most frequently, ana under the most characteristic forms. The intestines constitute an extended portion, of the ca¬ nal. They receive the alimentary matters after they have been digested in the chylific ventricle, and extract by their action whatever nutriment remains. Their absorbent pow¬ ers, however, as alimentary organs, are probably confined chiefly to their upper portion. They consist of a small in¬ testine, a great intestine, and a rectum. The small intestine of course proceeds from the ventricle, and is in general narrow, with an equal diameter throughout, although it is sometimes swollen or pursed in the course of its extent. It is of various length, and makes numerous circumvolu¬ tions in the interior of the abdomen, after which it borders with the great intestine. The latter, called also the cmcum, consists of a swelling or enlargement, usually ovoid and smooth, but not unfrequently also covered by plaits and little muscular rib-like bands, more or less projecting. It is dilatable, and in some cases is swollen beyond measure, especially among certain aquatic tribes, such as the Dytisci. In these, as detected by the skilful eye of M. Dufour, the caecum is no longer placed in the direction of the intestinal canal, but is thrown to one side, and furnished with a ver¬ micular appendix, spirally twisted. It becomes inflated with air at the will of the insect, and thus seems to act the part of a swimming bladder. Other modifications of this organ have likewise been observed, into the detail of which we shall not here enter. The rectum is a muscular tube, in general of no great extent. We shall next devote a few lines to the biliary vessels. That peculiar fluid called bile seems equally indispensable to the digestion of insects as to that of the higher animals, but the organ which secretes it is very different. In the former class it has no longer the appearance of a gland, but consists of more or less numerous vessels, of variable length, fixed for the most part by a single extremity, but not unfrequently by both ends, to the intestinal canal, and floating as it were in the abdominal cavity. These vessels are often rolled on themselves, and interlaced by numerous tracheae and slender nervous filaments. They are never wanting in insects, and they exist equally in the larva state as in the perfect condition. They are delicate tubes, com¬ posed of a thin and pellucid membrane, on which certain transverse foldings produce a somewhat varicose appear¬ ance. They contain a liquid, sometimes limpid and colour¬ less, but usually varying from yellow to brown. It is bit¬ ter, and exhibits all the characteristics of bile. The ves¬ sels themselves vary in amount from two, four, six, to an almost countless number. Their mode of insertion exhi¬ bits some remarkable variations, which however may be re¬ duced to two great divisions : Isf, where the insertion takes place upon the ventricle alone; 2c?, where it takes place upon the caecum likewise. The first of these divisions of¬ fers two classes; sometimes the vessels are inserted only by one extremity, while the other is free or floating ; some¬ times they are fixed by both ends, and form so many arch¬ es. In the latter case they are few in number, and each arch may be regarded either as a vessel strongly curved towards the two points of insertion, or may be looked upon as composed of two vessels exactly anastomosed at their Metamot. extremities. A coleopterous insect belonging to the genus ph