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general and transcendental truths, which will always be the same: he must therefore content himself with the slow progress of his name; contemn the applause of his own time, and commit his claims to the justice of posterity. Ile must write as the interpreter of nature, and the legislator of mankind, and consider himself as presiding over the thoughts and manners of future generations, as a being superior to time and place.

"His labour is not yet at an end: he must know many languages and many sciences; and, that his style may be worthy of his thoughts, must by incessant prac. tice, familiarize to himself every delicacy of speech and grace of harmony."

Johnson's Rasselas.

§ 77. Remarks on some of the best Poets, both ancient and modern.

"Tis manifest, that some particular ages have been more happy than others in the production of great men, and all sorts of arts and sciences; as that of Euripides, Sophocles, Aristophanes, and the rest, for stage poetry, among the Greeks; that of Augustus for heroic, lyric, dramatic, clegiac, and indeed all sorts of poetry, in the persons of Virgil, Horace, Varius, Ovid, and many others; especially if we take into that century the latter end of the commonwealth, wherein we find Varro, Lucretius and Catullus: and at the same time lived Cicero, Sallust, and Cæsar. A famous age in modern times, for learning in every kind, was that of Lorenzo de Medici, and his son Leo X. wherein painting was revived, poetry flourished, and the Greek language was restored.

Examples in all this are obvious: but what I would infer is this, that in such an age, 'tis possible some great genius may arise to equal any of the ancients, abating only for the language; for great contemporaries whet and cultivate each other; and mutual borrowing and commerce makes the common riches of learning, as it does of civil government.

But suppose that Homer and Virgil were the only poets of their species, and that nature was so much worn out in producing them, that she is never able to bear the like again; yet the example only holds in heroic poetry. In tragedy and satire, I offer myself to maintain, against some of our modern critics, that this age and the last, particularly in England, have excelled the ancients in both these kinds.

Thus I might safely confine myself to my native country; but if I would only cross the seas, I might find in France a living Ilorace and a Juvenal, in the person of the admirable Boileau, whose numbers are excellent, whose expressions are noble, whose thoughts are just, whose language is. pure, whose satire is pointed, and whose sense is close. What he borrows from the ancients, he repays with usury of his own, in coin as good, and almost as universally valuable; for, setting prejudice and partiality apart, though he is our enemy, the stamp of a Louis, the patron of arts, is not much inferior to the medal of an Augustus Cæsar. Let this be said without entering into the interests of factions and parties, and relating only the bounty of that king to men of learning and merit: a praise so just, that even we, who are his enemies,

cannot refuse it to him.

Now, if it may be permitted me to go back again to the consideration of epic poetry, I have confessed that no man hitherto has reached, orso much as approached to the excellencies of Homer or Virgil; I must farther add, that Statius, the best versificator next Virgil, knew not how to design after him, though he had the model in his eyes; that Lucan is wanting both in design and subject, and is besides too full of heat and affectation; that among the moderns, Ariosto neither designed justly, nor observed any unity of action, or compass of time, or moderation in the vastness of his draught: his stile is luxurious, without majesty or decency; and his adventures without the compass of nature and possibi lity. Tasso, whose design was regular, and who observed the rules of unity in time and place more closely than Virgil, yet was not so happy in his action: he confesses himself to have been too lyrical, that is, to have written beneath the dignity of heroic. verse, in his episodes of Sophronia, Erminia, and Armida; his story is not so pleasing as Ariosto's; he is too flatulent sometimes, and sometimes too dry; many times unequal, and almost always forced; and besides is full of conceptions, points of epigram, and witticisms; all which are not only below the dignity of heroic verse, but contrary to its nature. Virgil and Homer have not one of them: and those who are guilty of so boyish an ambition in so grave a subject, are so far from being considered as heroic poets, that they ought to be turned down from Homer to Anthologia, from Virgil to Martial and Owen's epigrams,

and

sures.

and from Spenser to Elecno; that is, from the top to the bottom of all poetry. But to return to Tasso: he borrows from the invention of Boyardo, and in his alteration of his poem, which is infinitely the worst, imitates Homer so very servilely, that (for example) he gives the king of Jerusalem. fifty sons only because Homer had bestowed the like number on king Priam; he kills the youngest in the same manner, and has provided his hero with a Patroclus, under another name, only to bring him back to the wars, when his friend was killed. The French have performed nothing in this kind which is not below those two Italians, and subject to a thousand more reflections, without examining their St. Louis, their Pucelle, or their Alarique. The English have only to boast of Spenser and Milton, who neither of them wanted either genius or learning to have been perfect poets, and yet both of them are liable to many cenFor there is no uniformity in the design of Spenser; he aims at the accomplishment of no one action; he raises up a hero for every one of his adventures, and endows cach of them with some particular moral virtue, which renders them all equal, without subordination or preference. Every one is most valiant in his own legend; only we must do them the justice to observe, that magnanimity, which is the character of Prince Arthur, shines through the whole poem, and succours the rest, when they are in distress. The original of every knight was then living in the court of queen Elizabeth; and he attributed to each of them that virtue which he thought most conspicuous in them: an ingenious piece of flattery, though it turned not much to his account. Had he lived to finish his poem, in the six remaining legends, it had certainly been more of a-piece; but could not have been perfect, because the model was not true. But Prince Arthur, or his chief patron Sir Philip Sidney, whom he intended to make happy by the marriage of his Gloriana, dying before him, deprived the poet both of means and spirit to accomplish his design. For the rest, his obsolete language, and ill choice of his stanza, are faults but of the second magnitude: for notwithstanding the first, he is still intelligible, at least after a little practice; and for the last, he is the more to be admired, that labouring under such a difficulty, his verses are so numerous, so various, and so harmonious, that only Virgil, whom he professedly imitated, has surpassed him among the Ro

mans, and only Mr. Waller among the English. Dryden.

$ 78. Remarks on some of the best English Dramatic Poets.

Shakspeare was the man who, of all modern and perhaps ancient poets, had the largest and most comprehensive soul. All the images of nature were still present to him, and he drew them not laboriously, but luckily; when he describes any thing, you more than see it, you feel it too. Those who accuse him to have wanted learning. give him the greater commendation; was naturally learned; he needed not the spectacles of books to read nature; be looked inwards and found her there. I cannot say he is every where alike; were he so, I should do him injury to compare him with the greatest of mankind. He is many times flat and insipid; his com wit degenerating into clenches; his serious, swelling into bombast. But he is always great, when some great occasion is presented to him; no man can say he ever had a fit subject for his wit, and did not then rase himself as high above the rest of Poets, Quantùm lenta solent inter virburna cupressi.

The consideration of this made Mr. Hales of Eton say, that there was no subject of which any poet ever writ, but he would produce it much better treated in Shakspeare; and, however others are now generally preferred before him, yet the age wherein he lived, which had con temporaries with him Fletcher and Jonson, never equalled them to him in their esteem. And in the last king's court, when Ben's reputation was at the highest, Sir John Suckling, and with him the greatest part of the courtiers, set our Shakspeare far above him.

Beaumont and Fletcher, of whom I am next to speak, had, with the advantage of Shakspeare's wit, which was their precedent, great natural gifts, improved by study; Beaumont especially being so ac curate a judge of players, that Ben Jonson, while he lived, submitted all his writings to his censure, and, 'tis thought, used his judgment in correcting, if not contriving, all his plots. What value he had for him, appears by the verses he writ to him, and therefore I need speak no farther of it The first play which brought Fletcher and him in esteem was their Philaster; for be fore that, they had written two or three very unsuccessfully; and the like is re

ported

ported of Ben Jonson, before he writ Every Man in his Humour. Their plots were generally more regular than Shakespeare's, especially those which were made before Beaumont's death; and they understood and imitated the conversation of gentlemen much better, whose wild debaucheries, and quickness of repartees, no poet can ever paint as they have done. That humour which Ben Jonson derived from particular persons, they made it not their business to describe: they represented all the passions very lively, but above all, love. I am apt to believe the English language in them arrived to its highest perfection: what words have been taken in since are rather superfluous than necessary. Their plays are now the most pleasant and frequent entertainments of the stage; two of theirs being acted through the year for one of Shakespeare's or Jonson's: the reason is, because there is a certain gaiety in their comedies, and pathos in their more serious plays, which suits generally with all men's humour. Shakspeare's language is likewise a little obsolete, and Ben Jonson's wit comes short of theirs.

As for Jonson, to whose character I am now arrived, if we look upon him while he was himself (for his last plays were but his dotages), I think him the most learned and judicious writer which any theatre ever had. He was a most severe judge of himself as well as others. One cannot say he wanted wit, but rather that he was frugal of it. In his works you find little to retrench or alter. Wit and language, and humour also, in some measure, we had before him; but something of art was wanting to the drama till he came. He managed his strength to more advantage than any who preceded him. You seldom find him making love in any of his scenes, or endeavouring to move the passions; his genius was too sullen and saturnine to do it gracefully, especially when he knew he came after those who had performed both to such an height. Humour was his proper sphere, and in that he delighted most to represent mechanic people. He was deeply conversant in the ancients, both Greek and Latin, and he borrowed boldly from them; there is not a poet or historian among the Roman authors of those times, whom he has not translated in Sejanus and Catiline. But he has done his robberies so openly, that one may see he fears not to be taxed by any law. He invades authors like a monarch, and what would be theft in other poets, is

only victory in him. With the spoils of those writers he so represents old Rome to us, in its rites, ceremonies, and customs, that if one of their poets had written either of his tragedies, we had seen less of it than in him. If there was any fault in his language, 'twas that he weav'd it too closely and laboriously in his serious plays; perhaps, too, he did a little too much Romanize our tongue, leaving the words which he translated as much Latin as he found, them; wherein, though he learnedly followed the idiom of their language, he did not enough comply with ours. If I would compare with him Shakspeare, I must acknowledge him the more correct poet, but Shakspeare the greater wit. Shakspeare was the Homer, or father of our dramatic poets; Jonson was the Virgil, the pattern of elaborate writing: I admire him, but I love Shakspeare. To conclude of him: as he has given us the most correct plays, so, in the precepts which he has laid down in his discoveries, we have as many and as profitable rules for perfecting the stage as any wherewith the French can furnish us. Dryden's Essays.

$79. The Origin and Right of exclusive Property explained.

There is nothing which so generally strikes the imagination and engages the affections of mankind, as the right of property; or that sole and despotic dominion which one man claims and exercises over the external things of the world, in a total exclusion of the right of any other indivi dual in the universe. And yet there are very few that will give themselves the trouble to consider the original and foundation of this right. Pleased as we are with the possession, we seem afraid to look back to the means by which it was acquired, as if fearful of some defect in our title; or at best we rest satisfied with the decision of the laws in our favour, without examining the reason or authority upon which those laws have been built. We think it enough that our title is derived by the grant of the former proprietor, by descent from our ancestors, or by the last will and testament of the dying owner; not caring to reflect that (accurately and strictly speaking) there is no foundation in nature or in natural law, why a set of words upon parchment should convey the dominion of land; why the son should have a right to exclude his fellow-creatures from a determinate spot of ground, because his father had done so be

fore

fore him; or why the occupier of a particular field or of a jewel, when lying on his death-bed, and no longer able to maintain possession, should be entitled to tell the rest of the world, which of them should enjoy it after him. These inquiries, it must be owned, would be useless, and even trouble some in common life. It is well if the mass of mankind will obey the laws when made, without scrutinizing too nicely into the reasons of making them. But, when law is to be considered not only as matter of practice, but also as a rational science, it cannot be improper or useless to examine more deeply the rudiments and grounds of these positive constitutions of society.

In the beginning of the world, we are informed by holy writ, the all-bountiful Creator gave to man, "dominion over all the earth, and over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth". This is the only true and solid foundation of man's dominion over external things, whatever airy metaphysical notions may have been started by fanciful writers upon this subject. The earth, therefore, and all things therein, are the general property of all mankind, exclusive of other beings, from the immediate gift of the Creator. And while the earth continued bare of inhabitants, it is reasonable to suppose that all was in common among them, and that every one took from the public stock to his own use such things as his immediate necessities required.

These general notions of property were then sufficient to answer all the purposes of human life; and might perhaps still have answered them, had it been possible for mankind to have remained in a state of primæval simplicity: as may be collected from the manners of many American nations when first discovered by the Europeans; and from the ancient method of living among the first Europeans themselves, if we may credit either the memorials of them preserved in the golden age of the poets, or the uniform accounts given by historians of those times wherein erant omnia communia et indivisa omnibus, veluti unum cunctis patrimonium esset. Not that this communion of goods seems ever to have been applicable, even in the carliest ages, to aught but the substance of the thing; nor could be extended to the use of it. For

* Gen, i. 22. † Justin. l. 43. c. 1.

by the law of nature and reason, he whe first began to use it acquired therein a kind of transient property, that lasted so long as he was using it, and no longert: or, to speak with greater precision, the right of possession continued for the same time on's that the act of possession lasted. Thus the ground was in common, and no part of it was the permanent property of any man in particular: yet whoever was in the occupation of any determinate spot of it, for rest, for shade, or the like, acquired for the time a sort of ownership, from which it would have been unjust, and contrary to the law of nature, to have driven him by force; but the instant that he quitted the use or occupation of it, another might seize it without injustice. Thus also a vine or other tree, might be said to be in common, as all men were equally entitled to its produce; and yet any private individual might gain the sole property of the fruit, which he had gathered for his own repast. A doctrine well illustrated by Cicero, who compares the world to a great theatre, which is common to the public, and yet the place which any man has taken is for the time his own.

But when mankind increased in number, craft, and ambition, it became necessary to entertain conceptions of more permanent dominion; and to appropriate to indi duals, not the immediate use only, but the very substance of the thing to be used. Otherwise innumerable tumults must have arisen, and the good order of the world beer continually broken and disturbed, while a variety of persons were striving who should get the first occupation of the same thing or disputing which of them had actually gained it. As human life also grew more and more refined, abundance of conveniences were devised to render it more easy, commodious, and agreeable; as, habitations for shelter and safety, and raiment for warmth and decency. But no man would be at the trouble to provide cither, so long as he had only an usufructuary property in them, which was to cease the instant that he quitted possession;-if, as soon as be walked out of his tent, or pulled off his garment, the next stranger who came by would have a right to inhabit the one, and to wear the other. In the case of habita

Barbeyr. Puff. 1. 4. c. 4.

Quem admodum theatrum, cum commune, sit recte, tamen dici potest, ejus essa cum locua quem quisque accuparit. De Fin, J. 3. c. 90.

tions, in particular, it was natural to observe, that even the brute creation, to whom every thing else was in common, maintained a kind of permanent property in their dwellings, especially for the protection of their young; that the birds of the air had nests, and the beasts of the field had caverns, the invasion of which they deemed a very flagrant injustice, and would sacrifice their lives to preserve them. Hence a property was soon established in every man's house and homestall; which seem to have been originally mere temporary huts or moveable cabins, suited to the design of Providence for more speedily peopling the earth, and suited to the wandering life of their owners, before any extensive property in the soil or ground was established. And there can be no doubt, but that moveables of every kind became sooner appropriated than the permanent substantial soil; partly because they were more susceptible of a long occupance, which might be continued for months together, without any sensible interruption, and at length by usage ripen into an established right; but principally because few of them could be fit for use, till improved and meliorated by the bodily labour of the occupant: which bodily labour, bestowed upon any subject which before lay in common to all men, is universally allowed to give the fairest and most reasonable title to an exclusive property therein.

The article of food was a more immediate call, and therefore a more early consideration. Such as were not contented with the spontaneous product of the earth, sought for a more solid refreshment in the flesh of beasts, which they obtained by hunting. But the frequent disappointments incident to that method of provision, induced them to gather together such animals as were of a more tame and sequacious nature; and to establish a permanent property in their flocks and herds, in order to sustain themselves in a less precarious manner, partly by the milk of the dams, and partly by the flesh of the young. The support of these their cattle made the article of water also a very important point. And therefore the book of Genesis (the most venerable monument of antiquity, considered merely with a view to history), will furnish us with frequent instances of violent contentions concerning wells; the exclusive property of which seems to have been established in the first digger or occupant, even in such places where the

ground and herbage remained yet in com

mon.

Thus we find Abraham, who was but a sojourner, asserting his right to a well in the country of Abimelech, and exacting an oath for bis security, "because And Isaac, he had digged that well*.” about ninety years afterwards, reclaimed this his father's property; and after much contention with the Philistines, was suf fered to enjoy it in peacet.

All this while the soil and pasture of the earth remained still in common as before, and open to every occupant: except perhaps in the neighbourhood of towns, where the necessity of a sole and exclusive property in lands (for the sake of agriculture) was earlier felt, and therefore more readily complied with. Otherwise, when the multitude of men and cattle had consumed every convenience on one spot of ground, it was deemed a natural right to seize upon and occupy such other lands as would more easily supply their necessities. This practice is still retained among the wild and uncultivated nations that have never been formed into civil states, like the Tartar, and others in the East; where the climate itself, and the boundless extent of their territory, conspire to retain them still in the same savage state of vagrant liberty, which was universal in the earliest ages, and which Tacitus informs us continued among the Germans till the decline of the Roman empiret. We have also a striking example of the same kind in the history of Abraham and his nephew Lot. When their joint substance became so great, that pasture and other conveniences grew scarce, the natural consequence was, that a strife arose between their servants; so that it was no longer practicable to dwell together. This contention Abraham thus endeavoured to compose: "Let there be no strife, I pray thee, between thee and me. Is not the whole land before thee? Separate thyself, I pray thee, from me: If thou wilt take the left hand, then I will go to the right; or if thou depart to the right hand, then I will go to the left." This plainly implies an acknowledged right in either to occupy whatever ground he pleased, that was not pre-occupied by other "And Lot lifted up his tribes. beheld all the plain of Jordan, that it was

Gen. xxi. 30.

eyes,

and

Gen. xxvi. 15. 18, &c.

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