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The mental life of China might resist, as it has done, the influx of European philosophy and ideas-many of them belong ing to stages of thought through which the Chinese fancy they have long since passed-but our science and material in ventions are absolutely novel, and cannot fail to alter much in the thought of China as they have done in Europe. Perhaps the problem of the future would seem less obscure if the history of Chinese philosophical systems and religion were better understood among Europeans, and such an understanding appears to be needful before an entrance for European civilization can be gained into the heart of Chinese life. We observe that the publication of annotated editions of English classics for the use of native schools in India has begun. A move

ment in China for works of a similar description would be a proof that the Chinese are really waking up to the necessities of the times that have come upon them; but we fear there is not yet enough Chinese scholarship among Europeans, nor a sufficient number of Chinese educated in European as well as Chinese literature to supply such a demand. Europeans themselves may have more to learn from the Chinese than they imagine, and the mutual understanding by Europeans and Chinese of each other's literature ought to be the first fruit of the close intercourse now springing up.

The British Quarterly.

BURTON'S HISTORY OF SCOTLAND.*

Much as has been written about the history of Scotland, and admirably as some parts of that history have been treated, Mr. Burton may fairly claim the merit of having produced the first complete and judicial history of his country; a history which students of other nations will accept as complete in its information, and authoritative in its judgments. Mr. Burton has conceived his work in the spirit of a historian; and he has executed it with the fidelity of a judge, and the skill of an artist. In the first place, he has constructed his work

*The History of Scotland. From Agricola's Invasion to the Revolution of 1688. By JOHN HILL BURTON. 4 vols. Edinburgh: William Black

wood & Sons.

upon a geographical, and not a mere ethnological basis. The history of a race is only accidentally connected with a country, and, however interesting to the ethnologist, is of subordinate interest to the political historian. Mr. Burton therefore does not feel bound to investigate the ancestry of the Irish-Scots, wh se migration into North Britain gave to the country its modern name. He plants his foot upon the soil, and is contented to tell us about its inhabitants, and their history in connection with it; giving to each tribe, Scots, Picts, Welsh, Danes, and English, that degree of prominence which their relations to the country demand. This is the true historical method; and it is the only method that will enable us to estimate satisfactorily the progress of mankind.

Next, Mr. Burton has applied to the antiquarian and legendary history of his country, the severe and searching principles of modern criticism, with an apparent determination to sift fact from fable, and to present it as nearly as possible in its true aspects and relations. The beginning of every national history is more or less fabulous; the imagination, generally inspired by national vanity, supplying the defects of trustworthy information; and when it happens that some great poetical genius, like Livy, or George Buchanan, more intent upon a finished picture than upon photographic truth, embodies these legends without any attempt at critical discrimination, and in forms of imperishable beauty, it becomes very difficult to discharge them from the public mind. If men had not ceased to write and to read Latin, George Buchanan's classic and unrivalled "Rerum Scoticarum Historia," would probably be the immovable national historical creed; we doubt whether even the Niebuhrian knowledge and power of Mr. Burton could have disturbed it.

In the next place, Mr. Burton has no favorite epochs upon which, like Tytler and others, he expends his principal strength; other parts of the history being tacitly regarded as mere padding. He maps out the entire history with a conscientious desire to give to each section of it its due proportions. His own antiquarian proclivities may indeed be recognized; they have led him to undue expatiation on some points in the early

portions of his history; nor does he possess the rare artistic qualities, if indeed he possesses the critical sagacity and skill, which give such a transcendent charm to Mr. Freeman's recent treatment of Norman legends and antiquities in the corresponding period of English history. But Mr. Burton is an antiquarian of a very high order; and his researches have probably thrown upon the early history of Scotland all the light of which it is susceptible. We can, too, forgive a little prolixity in the beginning of a history-so much of the truthful impression of the whole being determined by it; foundatious take long to dig out and lay; the apparent progress of every building is most rapid when it has risen a few feet from the ground. Throughout, Mr. Burton has examined authorities with the greatest care; and bestowed upon the history of which they constitute the basis, the greatest pains. In this respect, his history is an artistic whole; its proportions, and its light and shade being determined solely by the incidents which he has to narrate.

Another high quality in Mr. Burton is his high sense of the judicial responsibility of a historian. We do not mean that he has no partialities,-only an automaton could be impartial; a history written by a man who never takes sides would be worthless and intolerable; it is the duty of the historian to take sides, just as it is the duty of a judge to sum up for or against a prisoner. The historian is responsible only for the intelligence and fairness of spirit with which he forms his judgment. The "Note of Provincialism" is so strong in our Scottish brethren, that, when we open one of their books, we have always suggested to us, philosophy or history written on Scottish principles. Mr. Burton, we are happy to say, while justly patriotic and proud of his country, is free from the national fanaticism which, on one or two recent occasions, as well as in some former historians, has made men who are more cosmopolitan laugh, and tempted them to an irreverent citation of the "Three Tailors of Brentford." He does not think either Wallace or Bruce perfect; and he does more justice to the genius, statesmanship, and magnanimity of Edward I., than any previous Scottish historian has done. Wallace, however,

was not so undeserving the scaffold to which his ruffianly freebooting, in a time of peace, chiefly consigned himas even Mr. Burton represents. If the English chroniclers, on the one side, have permitted their prejudices to color the Scottish hero too blackly, the Scottish chroniclers, on the other side, have glossed over a great deal that sadly detracted from his heroism. Old chroni clers demand the greatest critical sagacity on the part of the historian who uses them; and with, perhaps, a pardonable echo of "Scots wha ha" ringing in his ears, Mr. Burton has placed undue reliance on those of his own nation. He does, however, admit qualifications of Wallace's heroic character which we have not been accustomed to find in Scottish historians; only we think historical truth demands that the tinsel of romance be stripped off a little more freely yet. Wallace was tried and executed for marauding atrocities in times of peace, and his condemnation was loudly proclaimed by many of his own conntrymen. "From Newcastle to the gates of Carlisle," says Scott, "he left nothing behind him but blood and ashes;" and it should be added, he was delivered up to justice by his own countrymen.

In one or two other

places we cannot help feeling that Mr. Burton's patriotism has somewhat relieved the dark colors, in which strict justice would delineate the inglorious condition and sometimes the baseness of his nation, especially during the later years of so-called Scottish independence. Henry VIII., severely as much of his conduct deserves to be censured, hardly receives justice at his hand. There is no need to paint the devil blacker than he is. Henry's policy was statesmanlike, and his purpose to unite the two kingdoms was, sooner or later, of inevitable accomplishment. We think, however, that Mr. Burton's conception of the character and policy of Henry VIII., is much nearer the truth than that presented in Mr. Froude's highly colored picture. The degradation of the kingdom, after the death of James IV. at Flodden Field, is glossed over. The French alliance was a desperate resource prompted by blind patriotism, rather than by enlightened statesmanship.

I

Mr. Burton is not, however, amenable to the charge of constructing historical paradoxes, and of scandalizing the sober muse of history by Quixotic and brilliant tournays on behalf of doubtful reputations; in this respect, his history contrasts very favorably with that of Mr. Froude, with whom, in the latter part of it, he necessarily runs parallel. Mr. Burton is as superior to Mr. Froude as a historian, as he is inferior to him as an artist. We do not know whether a consciousness of the perilous comparison was the incentive, or whether the dust of the antiquarian being disposed of, human interests came into fuller and more inspiring play; but, unquestionably, Mr. Burton's history after the battle of Flodden quickens into a fervor, and clothes itself with a picturesqueness, which are sadly lacking in the earlier volumes. Like Mr. Froude himself, Mr. Burton has done nothing so well as the history of Mary. In their general estimate of this Scottish Medea, both writers agree. Mr. Burton is much the more conscientious in his treatment of evidence, and much the more serious and earnest in his purpose. He has, evidently, made himself perfectly acquainted with all that patient research has brought to light, and he tries faithfully to tell it. In warm sensuous imagination, in picturesque grouping, in consummate artistic touches, Mr. Burton cannot be compared with Mr. Froude; but in plain massive statement of facts, in simple straightforward narrative, in wise, well-balanced judgment, and even in vigorous expression, and epical grandeur, Mr. Burton, in his account of Mary, has the advantage. It is much to Mr. Burton's credit that he does not shrink from a verdict which he knows will be encountered by a vast amount of national prejudice; he pronounces, unhesitatingly, in favor of the genuineness of the casket-letters, and thus brands the guilty Queen with the fonlest marks of crime and dishonor; while he refrains from the rhetorical invective of Buchanan, he delivers what is far more damnatory, the solemn and reluctant verdict of history. And yet Some passages of this portion of his book rise from the cold lethargy which is too characteristic of it as a whole, into grand and almost passionate rhythm,

which awakens both surprise and regret surprise that so sober a writer is capable of being so inspired, and regret that the inspiration is not more frequent. We give one specimen :

"At that moment the cup of the wretched woman's bitterness must have been filled to the brim. One by one every refuge had been closed; and over the wide world at home, as well as abroad, there was no quarter to which she could look for countenance. England from the first was not to be thought of. But at the Court of France the door was even more hopelessly closed. There was strong suspicion there of her guilt; and the deed was not one of those acts, perpetrated with Italian subtlety and external decorum in the inner recesses of courts, of which people circulate timid whispers, but was a flagrant act, the common talk of her own people. At all events she had become the husband [wife?] of one guilty beyond all question of the crime held in chief abhorrence at Court; and not only so, but she had brought scandal on the royalty of France-she, the queen-dowager, allying herself with one too well known in Paris-noble, no doubt, as all Scots were, but a needy adventurer, seeking fortune wherever and however he could find her, and notorious for indulgence in vices of a low cast. Then the bulk of what was honorable and respectable among her own subjects had taken arms against her, and the rest would not strike in her defence. But sorest, perhaps, of all the arrows at her heart, was the unkindness of him for whom she had encountered all. This dread skeleton in the house can generally be kept in its secret receptacle in the courts of princes, and even the abodes of moderate respect ability; but everything in Holyrood went on too passionately and flagrantly for concealment. Many noticed that she was an oppressed, insulted wife. But little incidents referred to by persons present are more expressive than general accusations. Le Croc said, that, immediately after the marriage, she was curious to know whether he had noticed somewhat of her husband's strange usage toward her, and told him not to wonder if her manner were sad, for she was in deep distress. Once, too, in an

inner chamber, where she was alone with her husband, she was heard to weep, and to say she wished she had a knife, that she might put an end to her existence. By a rare coincidence, this was heard both by Le Croc and Melville. It was reported by the former to the King of France, and recorded by the latter in his diary."

If to write a scholarly, trustworthy, and vigorous history which gathers up into an organic whole the results of all previous investigations, and which leaves little to be expected from future discoverers, be a worthy national service, as great as it is rare, Mr. Burton has achieved it. Scotland may find in the future a historian more picturesque, artistic, and vivid, she will hardly find one more laborious and intelligent, conscientious and able. We cannot hope for a history more complete.

Cornhill Magazine.

CHANCERY FUNDS.

COMPOSED Of Government stocks, of various other securities, and of cash uninvested, the funds belonging to the Suitors of the Court of Chancery amount in the aggregate to nearly £60,000,000. Acting on behalf of the court, the Masters had, prior to 1726, committed to their care the moneys and effects in the suits referred to them, while the Usher of the court took charge of any property involved in causes which required no reference to the Masters. In a manner somewhat analogous to the system of modern banking, these functionaries employed for their own benefit the moneys placed in their hands, reserving of course such balances as were deemed sufficient to meet the recurring claims of the suitors. Investments in the stock of the South Sea Company had been made by several of the Masters on their own account; and on the failure of that scheme it was found that defaults on their part amounted to over £100,000. This sum was ultimately made good out of the public revenue; but precautions were taken to prevent the recurrence of so great an abuse.

The Lord Chancellor, by an order of 17th December, 1724, directed each Master "to procure and send to the Bank

of England a chest with one lock and hasps for two padlocks." The key of the lock of each chest was to be kept by the Master, and the key of one of the padlocks by one or other of two of the six clerks in Chancery, and the key of the other padlock by the Governor, DeputyGovernor, or Cashier of the Bank, Each master was ordered to deposit in his chest all moneys and securities in his hands belonging to the suitors; the chests were then to be locked and left in charge of the Bank. But as the vault where the chests were kept could not be opened unless two of the Directors of the Bank were present, it of course happened, on every occasion when access was wanted to them in order to comply with the mandates of the court, that the attendance of all these high officials was necessary. The inconvenience and trouble so caused became at length too great for endurance, and led to a change. On the 26th of May, 1725, a general order was made by the Lords Commissioners holding the Great Seal, which directed the money and effects of the suitors to be taken from the Masters' chests, and given into the direct custody of the Bank. A subsequent order extended the plan to the moneys in the hands of the Usher. These orders still remain in force; the Bank of England from that time until the present has acted, and now acts, as the custodier of the Chancery funds.

In 1726, an officer under the designation of the Accountant-General was appointed, pursuant to Act of Parliament, to keep the Chancery accounts, and to carry out the orders of the court respecting the receipt and disposal of the funds. This officer, by the Act creating his office, is not allowed to meddle with the actual money either in receipt or payment. All dealings with funds are to be accomplished under his direction, and with his privity; but he himself is debarred from touching a single coin; yet his office is not the less one of great responsibility. At the period of the appointment of the first Accountant-General, upward of 140 years since, the cash and securities made together a total of £741,950, and the number of accounts was 415. The amount, as we have already stated, now verges upon £60,000,000, and the number of accounts

have increased to well-nigh 30,000. Almost without exception the volume of the funds in court has year by year shown a steady increase. Of late that increase has been at the rate of about half a million annually. This is only what might be expected from the growth of the population and the ever-augmenting national wealth. Litigation is, of course, one of the main feeders of the Chancery reservoir. Upon the application of a party to a suit, the court orders the property under dispute to be placed in its hands, where it is retained until the question of right is settled, or until such time as the interests of those entitled are most fully secured. It is then, upon petition, transferred out of court. Legacies bequeathed to minors are not unfrequently paid into court by execu tors. The sums of cash so paid are in every case invested in consols without expense, and the interest also from time to time as it accumulates; so that the amount of the legacy with compound interest is, in the form of stock, when application is made, transferred to the person entitled, on the attainment of majority. A kindred source of supply is furnished by trust moneys. Trustees or executors who may have doubts of the legality of their proceedings in carrying out the provisions of a trust, or who may be at a loss as to the rights of parties claiming under a will, and desiring to free themselves from responsibility, may, under what is known as the Trustee Relief Act, transfer or pay the trust funds into court. Such funds, if not already in the form of stock, are, as a matter of course, invested by the Accountant-General, and the accruing dividends are also invested solely for the benefit of the parties entitled, who may at any time apply to have the funds paid

to them.

For the enfranchisement of land under the Copyhold Acts, and in connection with railway undertakings, very many payments of cash are made to the Accountant-General. These latter are usually for the purchase of land and houses. Where parties labor under at disability to convey, or where an agreement cannot be come to, the railway company, on an award being made by two surveyors, pays the sum into court, and at once takes compulsory possession.

The promoters of new undertakings, whether railways, docks, or waterworks, and such like, for which the sanction of the legislature is necessary, are required to deposit with the Court of Chancery a sum amounting to one-eighth of the estimated cost of the undertaking, as preliminary to the application to Parliament. Such deposits in the aggregate usually reach a large annual amount. The present year, however, owing to the collapse of railway enterprise, has proved a signal exception: very few new schemes indeed have been launched, and consequently but a trifling accession made from this source to the Chancery funds. These deposits are made in the month of January, and being for large sums, are reclaimed as early as possible, generally before the end of the parliamentary session, thus remaining in court for only about six months. The proceeds of estates sold under the direction of the court are paid in, as likewise money realized under Private Estate Acts. The property of lunatics and persons of unsound mind is also placed in the custody of the court, and administered under its sanction. Many other minor rills, such as appeal deposits and payments under the Burial Board Act, serve to swell the stream of money ever flowing to its destined receptacle in Chancery.

It thus appears that no inconsiderable portion of the funds in court are quite unconnected with litigious proceedings. Indeed but comparatively few of the vast number of sums appearing in the Accountant-General's books are so. Litigation doubtless in many cases originally brought the money into court; but, the contentious stage passed, as it does in time pass, the funds are not seldom retained purely for purposes of administration. Where, for instance, persons have a life-interest in funds, the dividends are paid to them during their lives (the principal being in the meantime kept securely), and not until their death is a distribution effected. The court thus acts as a trustee, taking safe custody of property and administrating the funds, and when the proper time arrives it deals out to claimants their just and respective shares. In the case of property belonging to rectories, corporations, or other public bodies, it is of signal advantage that the security should be undoubted,

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