176 On the ORIGIN and STRUCTURE of 



and exclusive fpirit natural to rude communities, and the powers 

 of proprietors to make particular regulations, and eftablifh 

 tolls, and other cufloms, within their eftates, produced re- 

 ftraints, from which again the crown fold exemptions. Now, 

 all thefe fources of perfonal reftraints re-ched equally to 

 the country and to the towns, and appear accordingly from 

 Doomfday, not to mention other evidence, to have overwhelm- 

 ed both*. The towns, indeed, were early in condition to ob- 

 tain freedom from them by actual purchafe and by fpecial 

 grants ; and, accordingly, their former ftate under them has 

 drawn more attention j while the country, obliged to wait for 

 the gradual influence of political advancement, has derived its 

 freedom flowly and infenfibly, fo that its ancient opprefllons 

 have attracted lefs obfervation. 



NOR is there any reafon for fuppofing, that towns were, in 

 remote times, pofTeffed of thofe liberties, and of that conftitu- 

 tion, which was conferred on them by the charters of incor- 

 poration. Even among the Romans, manufactures were not 

 carried on in great towns. The manners of their conquerors 

 were certainly little fitted to make any innovation in this re- 



fpect ; 



* I HAVE abundance of evidence to offer of the particulars in the text. It, however, 

 is voluminous ; and they, in general, are well known. I fliall, therefore, quote only 

 two very curious paflages from Doomfday. " Northamptonfcire redd, firmam trium 

 " noftium, 30 lib. ad pondus. ad canes 42 lib. alb. de 2O in ora. De dono reginae et 

 " de feno, 10 lib. 5 oras. De Accipitre, 5 lib. De Summario, 20 fol. De Elemos, 

 " 20 fol. De eq. venator, 20 fol." See alfo Ledeceftre and Warwick, <&c. In defcribing 

 the cufloms of Arkenfelde in Herefordefcire, it is faid ; " Si quis Wallenfium occid. ho- 

 " tninem regis, et facit heinfaratn, dat regi 20 fol. de folut. hominis, et de forisfac. 

 " 100 fol. Si alicujus Taini horn, occiderit, dat 10 fol. domino hominis mortui. Quod 

 " fi Wallenfis Wallenfem occiderit, congregantur parentes occifi, et prxdantur eum 

 " qui occidit, ejufque propinquos, et comburunt domos eorum, donee in craftinum circa 

 " meridiem corpus mortui fepeliatur. De hac praeda, habet rex terciam partem. Illi 

 " vero totum aliud habent quietum. Si vicecomes eos evocat ad Sciremot. meliores ex 

 " eis 6 aut 7, vadunt cum eo. Qui vocatus non vadit, dat 2 fol. aut unum bovem re- 

 " gi- QiJ' de hundret. remanet, tantumdem perfolvit. Similiter emendat qui, jufliii 

 " a vicecomite fecum ire in Wales, non pergit. Nam fi vicecomes non vadit, nemo 

 " eorum ibit. Cum exercitus in hoftem pergit, ipfi faciunt avantwarde in reverfione 

 " rerewarde. Hse confuetud. erant Wallenfium." 1. R. E. in Arkenfelde. 



