regular fyftem extant of ancient laws, we contemplate with pleasure the fimplicity and frugality of our British Ancestors. While in the Norman inftitutes we trace in bold outlines the martial fpirit of the feudal Baron.

But the Ancient Laws of a people not only exhibit ONE view of their genius and characteristic manners: they likewise mark their PROGRESSION, and gradual refinement. And here the British Antiquary, befides the natural attachment and generous partiality to the Antiquities of his own country, has a great advantage in a regular series of Laws through the feveral periods of our History, over the Roman Codes and Inftitutes, and the more mutilated fragments of Grecian jurifprudence. To a liberal and inquifitive mind nothing can be more pleasing than to obferve how the manners of a people wear off their original roughness and ferocity, and by the united influence of religion, learning, and Commerce, polish into humanity. Efpecially as it affords a grateful antidote to the common and melancholy declamation

against

general depravity, are now unheard of, which anciently were frequent objects of penal cenfure *.

2. The laws then are the most faithful records of the genius, the GENERAL character of a people. But there are many PECULIARITIES of private life, and many inferiour foibles of domestic character, which

Barrington, Pref. p. 4. And Obfervat. p. 117, 118.The Study of ancient Laws is not without its recommendation, in other refpects, to the learned Antiquary, the Scholar, and the Critic, on account of their ufual accuracy and purity of Language. TAYLOR obferves (p. 19.) that the Civilians hold the Language of the Digests or Pandects to be so pure, that the Roman Language might be fairly deduced from it, were all other Roman writers loft. In BARRINGTON'S Obfervations on the Statutes, p. 398. mention is made of an extraordinary inftance of the purity of the Spanish Language ufed in their ancient Laws, which is affirmed by a Spanish Lawyer to be more intelligible than other Laws made fix hundred Years afterwards. The fame diligent and entertaining writer on the Statutes obferves that the modern English comes infinitely nearer to the English of the Legislature in their acts, than the translation of the Bible, and thinks the fuppofition that the English of the Bible hath fixed the Language, to have been too implicitly admitted. And it has been remarked by others that many fine examples of Eloquence and purity of Language occur in the charges which are to be found in the state Trials.

are

4

are objects rather of ridicule than of the gravity and severity of law. The magistrate therefore leaves fuch to the cognizance of wit, and the chaftifement of fatire. This inquiry will naturally conduct us to the ample, the curious, the valuable treasures of our old POETRY"; where we shall find that to the ingenuity of our old Poets, we are indebted for some of the most animated Pictures of ancient manners: which (though often indelicate and overcharged,) will always recommend themfelves to liberal curiofity, ever delighted with the delineation of new manners and the customs of less polished Ages. And as human nature is in fome respects always the fame, we are pleased in

"A knowledge of our oldest Poets, and the ancient manners and customs described by them, is neceffary for the understanding of the Poets which fucceeded, and formed on thofe models the peculiarities of their ftile, tafte, and compofition. (See WARTON'S Observations on Spenser, Vol. II. p. 264.) Till this method of illustration was pursued by their laft and best Critics, many remote allufions and obfolete cuftoms in SPENSER and SHAKESPEARE were either neglected, or perverfely explained by obfervations drawn from claffical refources, which were often as ill placed as they were learned and ingenious.

these

these representations of ancient manners to meet with portraits which may be confronted with the present times. It is a pleasure nót unlike what we particularly feel in perufing the wife fayings of the fon of Sirach, in which the nature and paffions of the human mind appear to be fo exactly studied, that we are often furprized at a feeming novelty of obfervation, which they carry with them in their remarkable application to living Manners.

By another order of Poets and their kindred fablers, the old Romancers, we are carried higher into a fet of Manners, where every thing is great and marvellous. We meet with nothing but the most exalted feats of generofity and prowess. At the fame time we find the fierce fpirit of the northern genius combined and tempered with the most enthusiastic zeal of gallantry and courtesy. While the imagination is often elevated to its highest pitch by the tremendous folemnities of Gothic fuperftition by the most alarming scenes of magic and incantation: by images of ter

ror,

ror, which could have originated only from the darker and more difmal regions of the North".

3. The feverity, or perhaps faftidiousness of History, as it admits not those minuter actions, which, though apparently trifling, tend fo much to mark the real character of an individual, so it rejects many collateral incidents in the History of a people, which not only spring from the manners of the Times, but have often upon accurate investigation been found to have had great fecret influence on the most important events. The Study of Antiquities has here again fupplied the defects of History, and made ample provifion for the researches of inquifitive curiofity. For the diligence of the Antiquary has not only brought to light circumstances which were unknown, or neglected by the Hiftorian, but has placed other PARTICULAR events in a more eminent point of view, and rendered them more confpicuous in their colouring and expreffion, than is consistent with

* Hurd's "Letters on Chivalry and Romance." Letter VI.