refufal to comply, and at laft is obliged almost by force to confent to the establishment of the conftitutions; a confent which he foon repents of; conftitutions which he afterwards endeavours to oppofe in every respect.

I only with (fays our hiftorian) to fuggest that, as to Becket, when he propofed to recoil from his imprudent engagement, at the imperious mandate of the king, it was what every honest man fhould have done. He faw there was no honour in his views. Again, indeed, he gave way, and I will call it a weaknefs; but what, in like circumftances, would have been the conduct of the moft refolved patriot? Promises fo extorted are not binding, if, on a cool revifion, they difpleafe. I do not fay, it was fear abfolutely which prevailed on the archbishop; but it was a mode of entreaty, as irrefiftible as it,-As to the members of the meeting, the primate alone excepted, there was not a spark of liberty in their breafts.'

Unjuft promifes, when extorted, we allow not to be binding; but the question remains whether the conftitutions of Clarendon are unjuft; whether they were not the common Jaw of the realm. If it be contended, that Henry swore to preferve the rights of the church, it does not follow, that he was to preferve these rights at the expence of the state, at the expence of morality and religion. Let Mr. Berington take this ground, or contend that the conftitutions of Clarendon were innovations and ufurpations; that they are not the ancient cuftoms; that they contradict grants prior to the era of Stephen, and we will admit the whole of his argument: Henry fhall be a capricious tyrant, and Thomas a fainted martyr.

Becket's repentance, the violence of Henry, the intrigues of either party with Alexander, the delufive conduct of this temporizing pope, and the death of Victor, follow; events which it is not eafy to mifreprefent, and which require no comment. The council at Northampton was next called, and it is easy to perceive that the king, violently irritated against Becket, ftung by his perfidy and ingratitude, fought for offences. If we were inclined to become parties in the difpute, we might allege that the disrespect of Becket, on the fummons of the king, in cafe of an appeal from his court, was very infufficiently apologized for; that Becket's oppofition, and his contefts with the king, respecting the castles of Tunbridge, of Hithe, and Sandgate, juftified the demands. It is evident, we have faid, that Henry defigned to revenge the vexation which Becket had occafioned, by these harrafling and increafing demands: it is equally certain that Thomas opposed the attacks of the king, and the reproaches

of

of the prelates, with a courage and steadiness worthy of a better caufe. We may remark, however, that the fpirit, the profeffional fpirit of the ecclefiaftics of that era, was not likely to yield in a good caufe; and if that of Becket had been really juftifiable, the bishops would not have forfaken him: is it probable, that old Henry of Winchester would have fo far forgot his former reftieffness, as to perfuade Thomas -to fubmit, if fubmiffion had not been, in his opinion, not only necessary but proper?-Our author interrupts his narrative to trace the outlines of the feudal government, that no obftacles, no difputes, may interrupt his future progrefs: we muft follow him.

It might be expected, that in this outline, we should find the foundation of fome of our author's peculiar opinions: before we ventured to oppose him, we examined this part of the chapter with fome care; but we drew from it confirmation of those remarks which had before occurred to us, and which we have already detailed. The feudal policy, our author obferves, was a varying system: in fact, it was never a fyftem; but the customs of a camp reduced to the narrower scale and more inactive state of a court. A country was bestowed in feparate portions and the gift was compenfated by military service in proportion to each grant. The general, the colonel, and the captain, in their feparate commands, reprefented their chief, and obeyed him in objects of greater moment, from gratitude, from the force of former connections, but most commonly only when they were not able to refift with fuccefs. Our author confiders the power of the king, the national council, the king's court, the county court, the revenue of the crown, the army, the navy, the laws, and the different ranks of fociety. This part of his work is, however, an outline only: he fees no traces of a third eftate in the national councils, and thinks it has exifted only in the imagination of fome writers. On this fubject we cannot at prefent contend: the milites were probably fometimes fummoned to their national councils, but their fummons was certainly not regular, and their appearance we fufpect to have been uncommon. We fhall tranfcribe

what Mr. Berington fays of the national council.

In the king and this council, agreeably to the spirit of the feudal inftitution, refided the legislative power: and for obvious realons, it was his wifh, that it fhould be often convened, and be fully attended. There, at the head of his vaffals, he appeared in the luftre of majefty, ordaining laws, or demanding juftice against those who had violated the compact which bound them to their lord. In the first capacity he was

at

at Clarendon; in the fecond at Northampton. But often parade only and feftivity were intended. The attendance of the vaffal marked his fubordination, and it ferved to check that independence which the great barons much affected, and which ever drew ftrength from the habits of power and patronage, they contracted at their own caftles. By the fame meetings, as their confent and advice were deemed neceffary, as well in the enaction of laws, as in the infliction of punishment, the arbitrary power of the crown was alfo controuled. But in the fecond cafe, unless when the object of profecution was a patriotic or powerful vaffal, the king, by his authority or his disproportionate influence, was able to awe the meeting, to bias their fuffrages, and to bend all to his will. This happened in the trial we have feen. The impetuous temper of Henry, in a caufe, which he and his courtiers had the address to render unpopular, not only expofed the primate to his utmost vengeance, but it could intimidate into a weak compliance even thofe, whom every motive fhould have roused to a manly oppofition.

The conflituent members of this council, as I have said, were the immediate tenants of the crown, which comprised the archbishops, bishops, many abbots, and fome priors; the ba rons, under which denomination the earls were included; and all fuch, whether knights, or others, who held their fees by military, or les honourable, fervice. They were all the king's homagers, his men, as to life, limb, and earthly honour. When doomsday-book was framed, the number of thefe vaffals did not amount to feven hundred.-From the fentence of this court there was no appeal, unless, as we have seen, in matters of an ecclefiaftical complection. And that fuch appeals were then, agreeably to the ufages of the nation, lawful, is evident from the conduct of the bishops, who, at Northampton, with the confent of the king, cited the primate before their lord the pope. Nor was the eighth ftatute of Clarendon, as it was afterwards explained, meant to prohibit fuch appeals. But when the caufe was purely civil, this appeal, though practifed, as we faw, by Becket, must have been originally abufive. Churchmen did homage to the king for the fiefs they held of him, and by the act became his vaffals. As fuch, therefore, they were amenable to his tribunal, and should have flood to the verdift of their peers. But, at this time, their great aim was to withdraw themselves from all fecular jurifdiétion, and to ftablish a new order of things. The appointment of Aphritual courts, ly the conqueror, tended to forward the new fem, and the conceffions of his fucceffors helped on the fame. The e event article of Clarendon, went to the refloration of the ancient Ehem, and to renew that connection between the fecular and clerival orders, which feems to have prevailed before the conqueft. But the evil, fupported by the canonifts of the age, had taken too deep root, to be removed by defultory efforts."

It

It is impoffible to bring a ftronger confeffion of the juftice of our remarks, refpecting the conduct of Becket, than occurs in the laft fentences of this extract; and we would reft the whole difpute with our hiftorian in his department of an antiquary. In other parts of this outline, Mr. Berington is alfo fufficiently correct.

When Becket efcaped from England, for he retired foon after the council at Northampton, he went to Flanders; and Mr. Berington continues the narrative of his adventures in the fecond book. The difcuffions in which we have been neceffarily engaged prevent us from proceeding farther in this Number.

(To be continued.)

A Survey of the Lakes of Cumberland, Weftmorland, and Lancafbire: together with an Account, hiftorical, topographical, and deferiptive, of the adjacent Country. By James Clarke, Land-furveyor. The Second Edition. Folio. 11. 1s. Printed

for the Author.

MR.

[R. Clarke's Survey is a very valuable one: it is entirely the refult of observation, and adds confiderably to our topographical knowledge of this curious and romantic country. The Account,' of which the volume in other refpects confifts, is, in the author's language, historical, topographical, and defcriptive. It is difficult to define its nature, or point out its merits with precifion, Mr. Clarke feems to be a man of a strong, found understanding; to have spent his life in this country; to have examined repeatedly its different parts, and the historical relations connected with them. In this remote spot, however (the Lond of Faërie, the retreat of the suspected Arthur, of Robin Hood and his followers), the imagination fometimes feems to vanquish the reason, and a few narratives, particularly of the aerial horfemen, &c. refemble too much the fuperftitions of the nursery, to command our affent: one very fingular fact, which he confirms, or at leaft, after examination, does not deny, it may be worth while to transcribe. It relates to no fupernatural being, but to a confultation as extraordinary as any thing which the vifionary dreamers have fuggefted.

Paffing Swirl's Gate, a little beyond the feven mile-poft, is feen a rock jutting out into the lake, which has got the name of Clark's Leap, from the following strange ftory: a man of the name of Clark was jealous of his wife to that degree that he was refolved to put an end to his own existence. He commu nicated his refolution to his wife, and told her at the fame time, that he was determined to hang himfelf: to this the objected, for fear it might prove too painful: he then faid he would fhoot

himself;

himfelf; but from this fhe likewife diffuaded him, for fear he might not kill himself outright, and fo fuffer extreme pain to no purpose: he next propofed to drown himfelf; this pleased her, and they went very lovingly together to the water's edge: he then propofed to wade in, but the faid the weather was fo cold, that he would fuffer much needlefs pain: they then walked by the water fide till they came to this rock, which he told him the thought was fit for his purpose, as the water was deep enough at the edge to drown him: he was then going to throw himfelf directly in, but he told him he might hurt himself against the rock before he reached the water, fo that he had better take a run and leap as far as he could: he followed her advice, very calmly put off his coat, and took his leap: the staid till the faw him drowned, and then returned, fully fatisfied that fhe had done her duty in giving him the best advice fhe could. This story the related to her neighbours, and I had the curiofity (for fhe is still alive), to ask it from her own mouth.'

The difcuffion about the best method of putting a final period to life, in Gay's What d'ye call it,' which has been thought too abfurd even for a farce, is not more extravagant than this friendly enquiry.

Our author has, in general, too found a judgment to be impofed on, and to a man of plain fenfe, cool examination, and no unreasonable portion of fear, the fublime, the exaggerated defcriptions of fome travellers, and the timidity of Mr. Gray, would probably be difgufting. This is the only apology we can make for his opinion of Mr. Gilpin, fome of whofe criticisms he treats with little mercy. We fhall extract an instance of this kind, though the observation referred to, is in Mr. Hutchinfon and Mr. Weft's narrative.

The whole of this outcry against regularity feems to me to have arisen from that cant ftyle of painting which Gilpin and fome others have introduced into writing. Not a tree, a fhrub, or an old wall, but thefe gentlemen take measure of by the painter's fcale: a poor harmless cow can hardly go to drink, but they find fault with a want of grace in her attitude; or an horfe drive away the flies with his tail, but thefe critics immediately find fault with the too great quickness of his motions. Whoever examines those abortive nothings,' which Mr. Gilpin calls landscapes, will hardly be able to trace one view, how well foever he may be acquainted with it for my own part, they put me in mind of nothing fo much as thofe landscapes and figures which boys fancy they fee in the fky at fun-fet, or in the fire on a frosty evening,

With all that can be faid against regular buildings, we must confider their advantages: convenience is furely a material one, and if we confider them in a picturefque light, I cannot help thinking that an elegant manfion, juft peeping through the furrounding