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diverging from that solemn march of improvement, that seems in truth a heaven upon earth. The structure of such a society is founded on adamant: the floods may come, the rains descend, and the winds blow; it cannot be shaken, it cannot fall. Now, with such a colony so securely based, let us see what benefit it necessarily reflects back on the mother country, whence so many of her mechanical and manufacturing supplies must long continue to be drawn. What the colony requires in these respects she amply repays by her increased produce, her increased and increasing resources of all kinds, all accumulating for the mutual benefit of each country. A constant progression of benefits--the ties of kindred, of origin, and religion, more closely drawn together, and the improvements of each more directly and speedily imparted to the other. This is really no theory, no pleasing dream of anticipated blessings which cannot be realized, no impracticable scheme not suited to the state of the colony in its commencement, its progress, its perfect assimilation to the parent state. The principles have all been tried, they have never failed, they never can fail, when practised in that beautiful simplicity and order already shewn; and founded as they are on that highest ground of all establishments of human beings, the Divine will and promises, as contained in the Bible.
The views entertained by the excellent author in regard to colonial settlers are, no doubt, sound and sensible, as are all the others on the main subject of his book. Time and circumstances, however, may require some little deviation, in particular localities, from the exact plan he suggests, yet still in strict accordance with his principles and the general scope of his arguments.
Should I, in thus endeavouring to rescue from that oblivion such excellent materials were falling into, succeed in making them acceptable to the general reader ; should my
humble endeavour, as editor, be successful in bringing them again into circulation ; should the public feel with me that the time is propitious for it, and that now, when wandering notions on all subjects affecting the social system are abroad, and the schoolmaster too, who sometimes leads and sometimes follows them : if I shall recal attention to the sure foundations on which society rests, and bring back the mind to the great leading and never to be forgotten principles of our constitution, it will be indeed a great reward for my labours—a grateful return, and most gratefully received.
J. I. BURN. April, 1841.
VIEW OF FRANKPLEDGE.
The first division of this kingdom into hundreds and tithings was ordained by the virtuous and patriotic King Alfred, who is expressly said to have therein followed the prudent council given by Jethro to Moses :-“ Judges and officers shalt thou make thee in all thy gates, which the Lord thy God giveth thee throughout thy tribes, and they shall judge the people with just judgment." (Deut. i. 9_17.) This was ordained for the more commodious government of the Israelitish commonwealth ; it being, indeed, an institution thoroughly consistent with the most perfect state of liberty that human nature is capable of enjoying; and yet competent, nevertheless, to fulfil all the necessary purposes of mutual defence, the due execution of all just and equal laws, and the
sure maintenance of the public peace.
6 Wonderful fruits of utility would this one counsel of Alfred (or rather of Jethro) produce to the common-wealth," says Lambard,) " if we would no longer use the shadow, but hold the substantial form of the true tithing." In the laws of King Edward the Confessor this mode of national defence, by free popular societies of armed citizens in every district and vicinage, is called “summa et maxima securitas, per quam omnes statu formissimo sustinentur," &c., the chief and greatest “ security by which all men are sustained in the firmest state, viz., that everyone” (unusquisque) "should establish himself under the security of a covenant," (or suretyship,) " which the English call freoborhges," (i.e. free pledges,)“ but the Yorkshiremen alone call tienmannatala, which, expressed in the Latin tongue, is decem hominum numerum,” (the number of ten men.) “ This security was constituted in the following manner, viz., that all persons," (universi,)“ of all the towns of the whole kingdom, ought to be under a decenal suretyship : so that if one of the ten should forfeit,” (viz., forfeit his freepledge-i.e., his credit in that little community as an honest and legal member of it, probus et legalis, (see Magna Charta,) by which estimation alone his neighbours could so far confide in him as to admit him into their tithing,
and had a right to expect from him a return of mutual security,] “the nine should have him to" (trial of) “right,” (or indict him ;) “but, if he should abscond, a term in law of thirty-one days should be allowed him : being sought in the meanwhile and found, he should be brought to the king's judgment," (i.e., to judgment or justice in the king's courts,) " and there, out of his own" (property,) “should make good whatever damage he had done. And, if to this he had forfeited," (or failed,) "justice should be done of his body. But if within the aforesaid term he could not be found, the chief, or head, for in every freeborough" (or tithing) “there was one chief, whom they called Freeborough Head," (freoborges heofod, i.e. headborough, or tithingman,) “should take two of the better sort of people of his freeborough, and also out of the three nearest freeboroughs he should take of each one chief and two of the better sort of people, if he can have them; and so, the twelve being convened, he shall clear himself and his freeborough (if he can do it) of the forfeiture and fight of the aforesaid malefactor. Which if he could not do, he, with his freeborough, should restore the loss out of the property of the malefactor as long as any should remain ; failing which, he should complete"(the restitution) “out of his own and that of his freeborough, and