1hers,

as not being specified in the donation. But when fuch a feud was given to a man and his heirs, in general terms, then a more extended rule of fucceffion took place and when a feudatory died, his male defcendents in infinitum were admitted to the fucceffion. When any fuch defcendent, who thus had fucceeded, died, his male defcendents were alfo admitted in the first place and, in defect of them, fuch of his male collateral kindred as were of the blood or lineage of the first feudatory, but no others. For this was an unalterable maxim in feodal fucceffion,, that, "none was capable of in"heriting a feud, but fuch as was "of the blood of, that is, lineally "defcended from, the first feuda"tory." And the defcent, being thus confined to males, originally extended to all the males alike; all the fons, without any diftinction of primogeniture, fucceeding to equal portions of the father's feud. But this being found, upon many accounts, inconvenient, (particularly, by dividing the fervices, and thereby weakening the ftrength of the feodal union) and honorary feuds (or titles of nobility) being now introduced, which were not of a divifible nuture, but could only be inherited by the eldest fon: in imitation of thefe, military feuds (or those we are now defcribing) began alfo in most countries to defcend according to the fame rule of primogeniture, to the eldeft fon, in exclufion of all the reft.

Other qualities of feuds were, that the feudatory could not aliene or difpofe of his feud; neither could he exchange, nor yet mortgage, nor even devise it, by will,

without the confent of the lord. For, the reafon of conferring the feud being the perfonal abilities of the feudatory to ferve in war, it was not fit he should be at liberty to transfer this gift, either from himself, or his pofterity, who were prefumed to inherit his valour, to others who might prove lefs able. And, as the feodal obligation was looked upon as reciprocal, the feudatory being entitled to the lord's protection, in return for his own fealty and fervice; therefore the lord could no more transfer his feignory or protection without the confent of his vaffal, than the vaffal could his feud without confent of his lord: it being equally unreafonable, that the lord fhould extend his protection to a person to whom he had exceptions, and that the vaffal fhould owe fubjection to a fuperior not of his own chufing.

Thefe were the principal, and very fimple qualities of the genuine or original feuds; being then all of a military nature, and in the hands of military perfons: though the feudatories being under frequent incapacities of cul. tivating and manuring their own lands, foon found it neceffary to commit part of them to inferior tenants; obliging them to fuch returns in fervice, corn, cattle, or money, as might enable the chief feudatories to attend their military duties without distraction: which returns, or reditus, were the original of rents. And by this means the feodal polity was greatly extended; thefe inferior feudatories (who held what are called in the Scots lawrere-fiefs") being under fimilar obligations of fealty, to do fuit of court, to anfwer the ftipulated renders or rent fervice,

and

and to promote the welfare of their immediate fuperiors or lords. But this at the fame time demolished the ancient fimplicity of feuds; and an inroad being once made upon their conftitution, it fubjected them, in a courfe of time, to great varieties and innovations. Feuds came to be bought and fold, and deviations were made from the old fundamental rules of tenure and fucceffion; which were held no longer facred, when the feuds themselves no longer continued to be purely military. Hence these tenures began now to be divided into feoda propria et impropria, proper and improper feuds; under the former of which divifions were comprehended fuch, and fuch only, of which we have before fpoken; and under that of improper or derivative feuds were comprized all fuch as do not fall within the other defcription: fuch, for inftance, as were originally. bartered and

fold to the feudatory for a price; fuch as were held upon bafe or lefs honourable fervices, or upon a rent, in lieu of military fervice; fuch as were in themselves alienable, without mutual license; and fuch as might defcend indifferently either to males or females. But, where a difference was not expreffed in the creation, fuch newcreated feuds did in all other refpects follow the nature of an original, genuine, and proper

feud.

mazes of metaphyfical jargon, began alfo to exert its influence on this copious and fruitful fubject: in purfuance of which, the most refined and oppreffive confequences were drawn from what originally was a plan of fimplicity and liberty, equally beneficial to both lord and tenant, and prudently calculated for their mutual protection and defence. From this one foundation, in different countries of Europe, very different fuperftructures have been raised: what effect it has produced on the landed property of England, will appear in the following chapters.

An Efay on the Hiftory of Civil Society, by Adam Fergufin, L. S. D. Profeffor of Moral Philofophy in the University of Edinburgh. In one volume quarto.

on himself well, and he is at

T concerns man fo much to

the fame time fo various a being, that he cannot be exhibited to himfelf, by too many obfervers, and in too many fituations. There is not indeed any condition, whether of riches or poverty, figure or obfcurity, fociety or folitarinefs, civilization or rudeness, in which fomething ufeful may not be gleaned towards the improvement and exertion, we may even fay the dif covery of thofe powers with which nature has fo liberally endowed him. Nor is there any obferver, (and we are all obfervers of one another) from the fedentary hermit, to the giddieft of the multitude, who has not, perhaps, made fome obfervation which was before unnoticed. The fubject is fo extenfive that it can never be exX 2

hausted,

hausted, and the reclufe himself may hit upon fome peculiarity in the human frame, by an acquaintance with which the rest of mankind may be greatly benefited.

Civil fociety is now, whatever it might have been originally, the general ftate of man; fo that it is the most interefting fituation, that he can poffibly be confidered in. There is a peculiar propriety, in this comfideration's becoming the object of a moral philofopher's difcuffion. No one can be more fitly calculated for examining thoroughly into, and defcribing, expreffively, man in that ftate, than he who is chofen by a learned body, as the most fit to point out and enforce thofe moral duties, of which the focial form fo principal a part. The learned author has accordingly handled this fubject in the most masterly manner; the work abounds with fubtle thought, ingenious fentiment, and extenfive knowledge, and is written with a force, perfpicuity, and elegance, which is feldom met with in modern performances.

Strong as this teftimony in favour of the fubject before us, and this prejudice in favour of the author who has handled it, may appear; the reading of a very few pages of the work will, we think, fufficiently juftify our opinion. Mr. Fergufon has given us almost every thing relative to this fubject, which has been already advanced by others, (except their whims and caprices) in fuch a light as to make it almoft entirely his own. He has added many things, originally his own, which would alone be fufficient to entitle him to the praife of a very deep and fubtle inveftigator of the human mind. The ftyle, with

out any facrifice from method, is fuch as was due to the dignity of the fubject, and might have been expected from his rank in the republic of letters.

The work is divided into fix parts, each of which branches into feveral fections. The first part treats of the general characteristici of human nature; the fecond, of the hiftory of rude nations; the third, of the hiftory of policy and arts; the fourth, of coufequences that refult from the advancement of civil and commercial arts; the fifth, of the decline of nations ; the fixth, of corruption and po litical flavery. The propriety of this divifion is too obvious to require its being pointed out; and that of the feveral parts into fections does not yield to it.

Many of the authors who have written on man, and those too fome of the moft ingenious, have fet out by confidering him as an animal, folitary by nature; and others, not fatisfied with blindness to what we read and fee of his condition, in almost all ages and countries, have no less prepofterously made him a mifchievous one. Nay, one in particular, has thrown out doubts of his having been originally a monkey or baboon.

Mr. Ferguson, inftead of adopting either of those capital mistakes, (by which we mean the two first, the laft being too ridiculous for ferious animadverfion) has refuted them both in the moft masterly manner; by which he has atchieved more for the dignity of human nature, as well as for the interefts of mankind, than had been done by all the writers who had gone before him in this walk.

Not

Notwithstanding the pleafure we have received from this per. formance, and the esteem with which we regard the author; we cannot take leave of him without expreffing our furprife, that fo able and zealous an advocate for benevolence fhould have lavifhed fo much praise on the Spartan government; a government, which befides many other enormities in the very frame of it, not only tolerated, but enjoined the most inhuman cruelties to be inflicted on its innocent captives; that endeavoured to eradicate from its members all focial tenderness and domeftic endearment, and on every occafion to ftifle the voice of nature, and the cries of humanity*.

We are now to give a fpecimen of Mr. Ferguson's work; and the best we think we can give, will be fome extracts from his fections of the question relating to the ftate of nature,' and of the ⚫ moral fentiments;' in treating of which he has fo eminently diftinguished himfelf; and which, as they will ferve to give an idea of the work, will alfo greatly contribute to the entertainment, if not inftruction, of fuch of our readers as have not feen the original. We are forry that we are obliged, for want of room, to leave out part of them.

Extracts from the fection of the queftion relating to the state of na

ture.

Natural productions are generally formed by degrees. Vegetables grow from a tender fhoot,

and animals from an infant ftate. The latter being deftined to act, extend their operations as their powers increafe: they exhibit a progrefs in what they perform, as well as in the faculties they acquire. This progrefs in the cafe of man is continued to a greater extent than in that of any other animal. Not only the individual advances from infancy to manhood, but the fpecies itfelf from rudeness to civilization. Hence the fuppofed departure of mankind from the ftate of their nature; hence our conjectures and different opinions of what man must have been in the firft age of his being. The poet, the hiftorian, and the moralift, frequently allude to this ancient time; and under the emblems of gold or of iron, reprefent a condition and a manner of life, from which mankind have either degenerated, or on which they have greatly improved. On either fuppofition, the firft ftate of our nature must have borne no refemblance to what men have exhibited in any fubfequent period; hiftorical monuments, even of the earliest date, are to be confidered as novelties ; and the most common establishments of human fociety are to be claffed among the encroachments which fraud, oppreffion, or a busy invention, have made upon the of our grievances or bleffings were reign of nature, by which the chief equally with-held.

Among the writers who have attempted to diftinguish, in the human character, its original qualities, and to point out the limits

X 3

be