13 years

General Dupont, must, in case of dis- sweetly sounds the noble name of Baylen aster, have buried under its ruins, the in the ears of a Spaniard. hopes of the nation, then fixed on that At hearing this, all this wretched alone.

rabble fled precipitately like thieves Apparently weak to restrain this tor- driven out from a house they are plunrent were the veteran national troops dering. No care was taken, no provis then assembled, as if by a miracle, in sion made for the ffuture regulation of that province, and the valiant volun- a capital they called their own. The teers, who roused by the voice of patrio- echo of the name of Baylen confounded tism, hastened to their banners. For them, and without leaving them any

the former had not made war, other thought than that of saving them and the latter had never seen it. All selves by flight, snatched the government minds were suspended between hope from their usurping hands and transferred and fear, anxiously waiting the event of it to ours. Memorable 19th of July! that struggle which for the time it lasted, If our revolution has assumed in the and the consequences it involved, formed political order, the majestic and august the most terrible crisis of our movements character corresponding to the moveand designs. The morning of the 19th ments of a powerful nation; if notwithbroke; the armies were in motion; the standing the reverses which we have clamour of war agitated the air ; unani- since suffered, we have never been mity and foresight animated the chiefs, abandoned by dignity or hope ; if that intrepid valour shone in the soldiers, and hope has redoubled the sacrifices and the most happy and virtuous emulation efforts of the most magnanimous people in each of the corps which composed upon earth, to thee is it owing, thine is our army. The battle was fought, and the glory, thine the praise. those ambitious Titans, fulminated by A year ago divided Spain was viewed our inimitable artillery, were precipi- with indifference by some, with comtated from the summit of their insup- passion by others, and by many (0 portable pride to the degradation of Shame !) with contempt ; degraded and captivity.--The shouts of victory re- enfeebled within, overpowered without, sounded in the districts of Baylen and the lords of the two worlds were nearly Mengebar, and were re-echoed by the sunk in the ocean of French ambition; summits of the Sierra Morena; in an and seemed about to disappear from the instant they filled all Andalusia, and political system of Europe. But what gave new life and joy to all the inhabi- prodigies in the course of a year! you tants of the peninsula, 0 Andalusians, have awaked from the disgraceful lethargy that exultation, that unexpected joy in which you lay; you have overturned which then filled your hearts, and the the throne of arbitrary power which splendour which thisgreat event reflected consumed you; and you have made prion your peninsula, followed closely on soners of war awhole French army, conthe uncertainty and consternation in cluding your first campaign, contrary to

But you had not suf- all expectation, in the most brilliant fered Érench oppression ; you had not and fortunate manner. – In this year, known their insufferable pride, their in- which will be eternally memorable, you şensate vanity; you had not heard them have reunited the state then divided boast that it was impossible to beat them; into as many fractions as provinces, and you had not seen them enthrone their assailed by a cloud of disasters, accu. wretched king, whom they carry about mulated over your heads as if to defy with them like a puppet on the throne human assistance; you have shewn destined by us to be hereafter the seat yourselves more interesting and respecof innocence and justice, and not of table in adversity than great in good iniquity and infamy, You had not seen fortune. The precious fruits of this them, in fine, dispose of and abuse all sublime constancy are the powerful public things, pervert the weak, insult alliances by which you are supported, and persecute the good, exalt the bad, the powerful and better organized arnies and announce to us as indestructable by which you are defended, and the disand eternal, their abominable tyranny: confiture of your enemies, who, retiring and all, all this was necessary to have on all sides, only endeavour to preserve conceived the delicious glory and in themselves united. Spaniards, theit etfable pleasure of liberty; to know how feebleness and confusion offers us an

which you were.

opportunity to renew, at the same pe- innocent states. And there was it that riod, on the same day, the immortal his pride has been abased, his armies success of Baylen.

thrown into confusion, and he himself Proceed then, bravely forwards, and compelled to repass the river, flying from act in concert with the noble efforts of the Austrian star which has now obscured your warlike allies. Do you not per- his own. Every battle which is fought ceive that heaven, wearied with so many there, every man who falls, each drop horrors, points out the path of fortune of blood which is there shed, is a tribute, to the nations who struggle for justice ? Spaniards, is a tribute paid to your liDo you not hear the shouts of victory berty and your vengeance. Can you resounding from the confines of Italy, from desire greater good fortune, greater hothe banks of the Vistula, from the isles nour? Placed in the first rank, and of the Danube? They were the most raising in this great contest the banner warlike divisions of the tyrant, cham- of hostility and extermination against pions, the ministers of his ambition, the France, redouble your efforts.-Rememcompanions of his crimes. There was heber Baylen, and suffer no nation to wrest himself animating and directing destruc- from your hands this splendid prere tion, and arming the death blow at the gative. liberty and the existence of a hundred



ON THE MEANING OF THE son, and Nath. Bacon, two very pithy TERM ALLEGIANCE.

and ingenious writers.“ A bargain's

a bargain," said they; "he who To the Editor.

“ breaks it himself cannot complain

“ of any infraction that may be made I perceive by the accounts lately“ by the other party; it is a knot published respecting the deposition “ that you cannot untie at one end of the King of Sweden, that the Ba- “ without loosening the other also." ron de Mannenheim stepped forth in No man contributed more to the the diet, and after recounting the Revolution than Samuel Johnson, grievances alledged by the people by his Julian the Apostate, his Hisagainst the late King Gustavus, pro- tory of Magna Charta, and his Adnounced a formal renunciation of dress to James's Arny, which induhis ALLEGIANCE; which proceeding ced them to lay down their arms. was approved by the other members He proved that James had broken of the states then assembled. This the compact, and consequently had circumstance greatly elucidates those absolved the people from their alle primitive institutions on which all" giance; and the convention parliathe free governments of gothic ori- ment adopted his very words in their gin were constructed; and conse- famous declaration, “ That King quently leads us to a just concep- “James II. having endeavoured to tion of the Revolution of 1688, re- subvert the constitution of the specting which Mr. Burke has re- “ kingdom by breaking the original tailed so many errors in his famous “contract between king and people, publication on French affairs. It “ and by the advice of jesuits and shews that there was ab initio in these “ other wicked persons, having viogovernments, a compact between the “lated the fundamental laws &c. prince and people, which if broken “ hath abdicated the government." by one side, absolved and emanci- To abdicate the government, is to forpated the other; as was well said feit the government. The conferat that period of time (I mean the ence which is given at length in Revolution) by the Rev.Samuel John- Rapin, folio edition, Vol. II.

p.787. between the two houses decides this present to other collateral circumpoint, and the Scotish parliament stances in proof that compact is the actually used the word forfeited in- ground work of our government, I stead of the other.---There were, shall confine my present remarks to however, many at that time, who illustrations of the institution called would not allow that the crown could allegiance, premising that a similar be forfeited: they were tories, and renunciation to that made so lately contended for divine right, which they in the Swedish diet, was also made held of course to be indefeasible; the in England on two important occawhigs on the contrary deriving the sions. The first was at the deposiregal right from compact, consistent- tion of Edward II, who most unquesly maintained it to be defeasible. ' tionably broke the compact we are Now this question was, if properly treating of. He was crowned by the considered, a question of fact and Bishop of Winchester on the 24th, of not of theory and speculation; and February, 1308; and the form of the amongst the many evidences that oath is given in Rapin, folio edition, concur to establish this fact is this Vol. II. p. 389. as follows. construction of allegiance; and sure- Bishop of Winchester. Sir, will ly it is very important that not only you keep and confirm by your our ancestors, but that all the other “ oath to the people of England, gothic nations likewise, considered the laws established by the pious this institution of allegiance as com- Kings your predecessors, and parprising that very compact between “ticularly the laws, customs, and prince and people, which was re


granted to the clergy and jected at that time, as a chimera by “ people by the glorious Saint Edthe tories, and upon which their an- “ ward your predecessor?" tagonists the whigs grounded the King. I will and promise it." right they asserted, and actually There is no occasion to copy the did

carry into execution, of putting remainder of this solemn ratification James's forfeited crown on the head of a clear and express compact be of King William. The tories of that tween prince and people; only I day considered William as an usur- wish to observe that the laws called per; and by the same rule our modern Saint Edward's are the fundamental tories, if they were consistent, would laws alluded to in the declaration hold George III. to be one likewise, of the convention parliament which for he stands in William's shoes. James II. is there asserted to have But if James did commit forfeiture violated. Edward II. having been or defeasance, if by breach of com- deposed in a legal and regular way pact he divested himself of the crown, for this wicked violation, Sir Wilthen might another be lawfully and liam Trussel, having a power of proconstitutionally invested with it, and curation from parliament for the there is no usurpation, or conti- purpose, pronounced to him these nuance of usurpation in the case. words, which are more full, though Now, sir, as I really wish the King to the same purpose as those of the of England to be considered as hold- Baron de Mannerheim. “ I Wiling his crown by a better title than liam Trussel, procurator of the continuance of usurpation, I was real- "prelates, earls, barons, and peoly gratified to find a reference to "ple in my procuracy named, hathose old primitive notions respect- " ving for this full and sufficient ing the nature of the connection be- “ power, do surrender unto you Edtween prince and people referred to " ward late King of England, the in the late transactions at Stock- " homage and fealty of the persons boim; and, without digressing at " aforesaid, and do acquit the same


VOL. Vi.

*** in the best manner the law and cus-, string that oath, and demanding of

tom can give it, and do make this the people if they would have him to protestation in the name of all be their King, a ceremony that conthose that will not be in your tinued till the reign of Edward VI. fealty or allegiance for the future.” also to a very strong passage in St.

By this memorable act it is very Edward's laws, all which prove a plain that the law and custom did voluntary and reciprocal compact ; hold a person acquitted of this obli- but I wish to shew that allegiance gation, when properly renounced : itself was such a compact, instead and breach of compact in one of the of being, as some would interpret it, parties, necessarily gave the other a blind and stupid bond of unlimitthis right of renunciation. Though ed and unconditional obedience. Rapin says that there was no prece- Allegiance in low latin Ligeancia, dent for this case, and supposes Sir Ligeitas, Ligiatio, Ligeia, LigiamenW. Trussel to have used a form of tum, and Ligium is, say the gloshis own, yet it is nevertheless true saries, derived from Ligatio, idest that in that age such renunciations Fædus rel pactum; words which devere commun at least upon the con- note both a covenant or compact tinent, where the great feudatories and the origin of a system, which, of the French crown always per-. till Lord Lyttleton's Life of Henry II. formed this ceremony before they was published, was considered by joined the English, for otherwise some people here to have been a systhey would have been considered as tem of absolute submission, without perjured.

any reciprocity in the obligation. The other instance is that of Ri. They understood it better on the conchard II. also deposed for breach of tinent. Ducange explains this comcompact, as is plainly proved by the - pact by the request that preceded it, articles of deposition, thirty-three in Domine, si vis, faciam stabilitatem innumber, on which Rapin says;-“At ter nos et ligatronem firmissiman. -46 the same time commissioners were He also tells us that the oldest feudal

appointed to give him notice of his writers as Cujacius, Vignerius, &c.

deposition, and to annull the oaths give it the same interpretation as “ and homage of the people of Eng- Leud, a word which from being first "land, after much the same man- applied to the social bond or oath

ner as in the case of Edward II.” taken by our ancestors to be faithVol. II. p. 475.

ful and true to each other, that is, You perceive, Sir, from these in- to the community or the people, stances that allegiance was a i tie came afterwards to signify the peo"which might be dissolved by formal ple as well as fidelity; his words are Tenunciation; not as many people Volunt (that is Cajacius &c.) esse conceive it to be, an obligation un ejusdem originis qua Leudis, ad Leodis der which the subject is born, and id est fidelis, quemadmodum ex Leodfrom which he cannot hy any means iuni urbe nota in Eburonibus liege diemancipate himself.

cimus. It is very true that both Another false construction which Liege in Germany and Leeds in Eng. has been made respecting this insti- land are derived from Leud or Leod, tution is that it binds on one side the faithful or the community; and only, leaving the other party free. thus Dr. Johnson in his Dictionary I might refer to the coronation vath has retained the word Leod, a country above quoted, and to another well or nation. But Boullainvillers, that known ceremony of exposing the learned antiquary, in his account person of the King on the four sides of the Franks, gives the clearest ac of the scaffold previous to admini- count of the origin of this institu


coise, he says,

tion; describing these ancient con

« Guf bituene twie leudmen were eni

(striving querors of Gaul, he says, “ they

« Other bituene a leud and a clerc for were all reciprocally faithful com

[holi chirch-thing." panions or leudes to one another;" for," he adds, “ this word in latin

I might also advance the authois expressed by the term fidelis . rity of some of our oldest lawyers

, Ils etoient tous reciproquement leudes

who speaking of allegiance use these

words, Liegentia est duplex," but I ou fidelles compagnons, car ce mot

conceive I have said enough to prove " traduit en latin s'exprimoit par le that this social bond, was held ori

terme fidelis.And in another of his History de la Monarchie Fran- gipally among our ancestors to be a

reciprocal tie as in reason and jus“ that the King swore it ought to be; and although in the " to be leudes or fidelis to the nation, dark and ignorant ages preceding the " and the people swore to be the

restoration of letters, this obligation same to him.” Thus they became from the nature of those times and reciprocally leudes, and thus the so- the abuses which had perverted all ciety itself was called a leud or leod. It therefore rests not merely on the

our primitive institutions, was con

sidered by many princes, and partiauthority of Ducange's Glossary, a cularly those of the house of Tudor, work of such astonishing literature as to have excited the admiration of its nature became again properly

as binding on the people only, yet all nations'; but also on the autho- understood under the house of Stuart rity of the old feudal writers and an- by means of the revival of letters, tiquarians, supported by popular and the freedom and energy which names and idioms, that allegiance the public mind derived from the rewas originally a promise of fidelity formation, so that the expulsion of reciprocally undertaken by both that house became at last the final prince and people, And hence it is

seal and confirmation of this twothat according to our ancient con- fold duty, Allegiance, therefore, at stitution (though the practice was not maintained in subsequent times) present may be defined to be, a reit is directed, I mean by the laws of and people to be true and faithful

ciprocal obligation in both prince Saint Edward, that the prince shall

to each other in the maintainance of first swear to the people before the the compact between them, as repeople shall swear to him." Ista newed at the Revolution, and formalvero debet omnia Rex in propria ly expressed by the act called the

persona coram Regno et Sacerdo- bill of rights. Now, Sir, one of the " tis et Clero jura re, antequam ab conditions expressed in the bill of " Archiepiscopis et Episcopis Regni rights is “ that the election of mem* Coronetur." c. 17. It deserves also to be noted, that the very word « to be free." I am &c.

“bers to serve in parliament ought Leud itself was formerly an English

TIMOTHY TRUEMAN. word, and has been used by our

June 17, oldest poets to signify one of the people in contradistinction to an ec- I have never seen Robert of Gloce. clesiastic, who was not one of the ster's Historical Poem: these lines are: ;

quoted from Mr. Selden's Tracts, who No wonder is a leude man to rust has given us large quotations together " If a priest be foule on whom we with high commendations upon it; he

(trust.” does not say at what time this poet lived, And the historical poet Robert of but says, Chaucer must yield to our Glocester, a still more ancient au- elder Clocester musę. thority, says

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