Читать книгу: «The Mirror of Literature, Amusement, and Instruction. Volume 12, No. 345, December 6, 1828», страница 2

HISTORY AND ANTIQUITY OF WILLS

(For the Mirror.)

According to Blackstone, wills are of high antiquity. We find them among the ancient Hebrews; not to mention what Eusebius and others have related of Noah's testament, made in writing, and witnessed under his seal, by which he disposed of the whole world. A more authentic instance of the early use of testaments occurs in the sacred writings, (Genesis, chap. xlviii.) in which Jacob bequeaths to his son Joseph, a portion of his inheritance, double to that of his brethren.

The Grecian practice concerning wills (says Potter) was not the same in all places; some states permitted men to dispose of their estates, others wholly deprived them of that privilege. We are told by Plutarch, that Solon is much commended for his law concerning wills; for before his time no man was allowed to make any, but all the wealth of deceased persons belonged to their families; but he permitted them to bestow it on whom they pleased, esteeming friendship a stronger tie than kindred, and affection than necessity, and thus put every man's estate in the disposal of the possessor; yet he allowed not all sorts of wills, but required the following conditions in all persons that made them:—

1st. That they must be citizens of Athens, not slaves, or foreigners, for then their estates were confiscated for the public use.

2nd. That they must be men who have arrived to twenty years of age, for women and men under that age were not permitted to dispose by will of more than one medimn of barley.

3rd. That they must not be adopted; for when adopted persons died without issue, the estates they received by adoption returned to the relations of the men who adopted them.

4th. That they should have no male children of their own, for then their estate belonged to these. If they had only daughters, the persons to whom the inheritance was bequeathed were obliged to marry them. Yet men were allowed to appoint heirs to succeed their children, in case these happened to die under twenty years of age.

5th. That they should be in their right minds, because testaments extorted through the phrenzy of a disease, or dotage of old age, were not in reality the wills of the persons that made them.

6th. That they should not be under imprisonment, or other constraint, their consent being then only forced, nor in justice to be reputed voluntary.

7th. That they should not be induced to it by the charms and insinuations of a wife; for (says Plutarch) the wise lawgiver with good reason thought that no difference was to be put between deceit and necessity, flattery and compulsion, since both are equally powerful to persuade a man from reason.

Wills were usually signed before several witnesses, who put seals to them for confirmation, then placed them in the hands of trustees, who were obliged to see them performed. At Athens, some of the magistrates were very often present at the making of wills. Sometimes the archons were also present. Sometimes the testator declared his will before sufficient witnesses, without committing it to writing. Thus Callias, fearing to be cut off by a wicked conspiracy, is said to have made an open declaration of his will before the popular assembly at Athens. There were several copies of wills in Diogenes Laertius, as those of Aristotle, Lycon, and Theophrastus; whence it appears they had a common form, beginning with a wish for life and health.

The most ancient testaments among the Romans were made vivâ voce, the testator declaring his will in the presence of seven witnesses; these they called nuncupative testaments; but the danger of trusting the will of the dead to the memory of the living soon abolished these; and all testaments were ordered to be in writing.

The Romans were wont to set aside testaments, as being inofficiosa, deficient in natural duty, if they disinherited or totally passed by (without assigning a true and sufficient reason) any of the children of the testator. But if the child had any legacy, though ever so small, it was a proof that the testator had not lost his memory nor his reason, which otherwise the law presumed. Hence probably (says Blackstone) has arisen that groundless, vulgar error of the necessity of leaving the heir a shilling, or some other express legacy, in order to effectually disinherit him; whereas the law of England, though the heir, or next of kin, be totally omitted, admits no querela inofficiosa, to set aside such testament.

Alfred the Great made a will, wherein he declared, in express terms, that it was just the English should be as free as their own thoughts.

P.T.W.

The Cosmopolite

DANCING

(For the Mirror.)

Dancing is defined to be "to move in measure; to move with steps correspondent to the sound of instruments." But there are other species of dancing—as

 
—–for three long months
To dance attendance for a word of audience:
 

and to dance with pain, or when, as Lord Bacon says, "in pestilences, the malignity of the infecting vapour danceth the principal spirits." The Chorea S. Viti, or St. Vitus's Dance is another variation, said to have once prevailed extensively, and to have been cured by a prayer to this saint! whose martyrdom is commemorated on June 15. It may not be generally known that a person afflicted with this species of dancing can run, although he cannot walk or stand still. Another and a more agreeable species is to lead the dance, an unjust usurpation which is practised in a thousand other places beside the ball-room.

According to the mythologists, (authorities always quotable, and nobody knows why,) the Curetes or Corybantes, a people of Crete, who were produced from rain, first invented the dance to amuse the infant Jupiter—with what success he danced we know not, for when a year old he waged war against the Titans, and then his dancing days must have terminated.

A history of dancing is, however, not to our purpose; but a few of its eccentricities. It occurs in the customs of all people, either as a recreation or as a religious ceremony—held in contempt by some, and in esteem by others. David danced before the ark; the daughters of Shiloh danced in a solemn yearly festival; and the Israelites, (good judges) danced round the golden calf.

The ancients had a peculiar penchant for dancing, whether in person or by animals; and the feats of the latter distance all the wretched efforts of the bears, dogs, and horses of our days. The attempts of Galba to amuse the Roman people throw into the shade all the peace-rejoicings and illuminations of St. James's and the Green Parks. Suetonius, Seneca, and Pliny tell us of elephants in their time that were taught to walk the rope, backwards and forwards, up and down, with the agility of an Italian rope-dancer. Such was the confidence reposed in the docility and dexterity of the animal, that a person sat upon an elephant's back, while he walked across the theatre upon a rope, extended from the one side to the other. Lipsius, who has collected these testimonies, thinks them too strong to be doubted—perhaps even stronger than the rope. Scaliger corroborates all of them; Busbequius saw an elephant dance a pas seul at Constantinople; and Suetonius tells us of twelve elephants, six male and six female, who were clothed like men and women, and performed a country dance, in the reign of Tiberius. In later times, horses have been taught to dance. In the carousals of Louis XIII. there were dances of horses; and in the 13th century, some rode a horse upon a rope. All this eclipses the puny modern feats of Astley and Ducrow.⁴

The Greeks and Romans were divided upon the propriety of dancing. Socrates who held death in contempt, when a reverend old gentleman, learned to dance of Aspasia, the beautiful nurse of Grecian eloquence. The Romans forgot their loss of the republic and of liberty—

 
—–the air we breathe
If we have it not we die.
 

in seeing Pylades and Bathyllus dance before them in their theatres—an indifference of which we were reminded on hearing that the Parisians sat in the Cafés on the Boulevard du Italiens—sipping coffee and sucking down ice, during the capitulation of the city, and while the French, killed and wounded, were conveyed along the road before them.

Cato, Censorius, danced at the age of fifty-six. Cicero, however, reproached a consul with having danced. Tiberius, that monster of indulgences, banished dancers from Rome; and Domitian, the illustrious fly-catcher, expelled several of his members of parliament for having danced. We are much more civilized, for such an edict as that of Domitian would clear our senate-houses as effectually as when Cromwell turned out the Long Parliament.

Among the Italians and the French even there have been found enemies to dancing. Alfieri, the poet, had a great aversion to dancing; and one Daneau wrote a Traité des Danses, in which he maintains that "the devil never invented a more effectual way than dancing, to fill the world with –." The bishop of Noyon once presided at some deliberations respecting a minuet; and in 1770, a reverend prelate presented a document on dancing to the king of France. The Quakers consider dancing below the dignity of the Christian character; and an enthusiast, of another creed, thinks all lovers of the stage belong to the schools of Voltaire and Hume, and that dancing is a link in the chain of seduction. Stupid, leaden-heeled people, who constantly mope in melancholy, and neither enjoy nor impart pleasure, will naturally be enemies to dancing; and such we are induced to think the majority of these opponents.

The French are inveterate dancers. They have their bals parés and their salons de danse in every street; and as long as the weather will permit, they dance on platforms out of doors, and a heavy shower of rain will scarcely cool their ardour in the recreation. Some of their stage figurantes resemble aerial beings rather than bone and blood, for flesh may almost be left out of the composition. But the Italians are a nation of dancers as well as the children of song, and they seem to have followed the noble example of old Cato, in this respect, with better effect than they have studied his virtue. We are also told upon good authority, that the American dancers equal any of the European figurantes.

The English people have always been lovers of dancing; and it forms an accompaniment of almost all their old sports and pastimes. Witness the maypoles, wassails, and wakes of rural life, and the grotesque morris-dance, originating in a kind of Pyrrhic or military dance, and described by Sir William Temple as composed of "ten men, who danced a maid marian and a tabor and pipe." In the time of Henry VII. dancers were remarkably well paid; for in some of his accounts in the Exchequer, we find

In Shakspeare's time, to dance was an elegant accomplishment. Thus in the "Merry Wives of Windsor," "What say you to young Mr. Fenton? He capers, he dances, he has eyes of youth, he writes verses." Locke thus alludes to the graceful motions which dancing lends to the human frame: "the legs of the dancing-master, and the fingers of a musician, fall, as it were, naturally, without thought or pains, into regular and admirable motions."

It must be somewhat surprising to those who over-rate the matter-of-fact character of the English people, that so great a majority of them are attached to dancing. Among rank and wealth this amusement admits of a finer display of beauty and artificial decoration than almost any other recreation; for nothing can be more splendid than a brilliantly illuminated and well-filled ball-room. Dancing among the middle classes of society is equally mirthful though not of so ostentatious a character, and it is a question whether the latter, being free from the alloy of fashionable follies, are not more exhilarated by sweet sounds than their wealthy superiors. But the mushroom aristocracy and pride of purse often operate as checks to the enjoyment of both these classes; and splendid dancing accommodations sometimes put an end to the amusement. At Dorking, in Surrey, attached to one of the inns is a ball-room, which cost the builder £12,000, and here is one, or at most three balls during the year, while at scores of places within our recollection, of less consequence, there are monthly and even weekly balls; and we are inclined to think these periodical recreations of great importance to the happiness of country towns. But there is a species of intoxication sometimes arising from them—that of dancing all night, to suffer from exhaustion and rheumatism on the following day—an evil easy of remedy, by such amusements being more frequent and less protracted. The influence on the character of the people would probably be that of rendering it more even, from the admixture or reciprocation of pleasure and business being more proportional. This plan would get rid of much of the ostentation and expense of a country ball, and would ultimately prove the best antidote to the sins of scandal.

As we have spoken of public dancing in the time of Henry VII., we will show that the enormous sums paid to artists have nourished their conceit to an alarming height. Pitrot, the Vestris of his day, was a consummate specimen of this effrontery. At Vienna, he chose to appear only in the last act of the ballet. The emperor desired him to come forth at the end of the first; Pitrot refused; the court left the opera, and then Pitrot told the dancers they would have a hop by themselves, which they did. However, this was forgiven; and, at his departure, he was presented with the emperor's picture, set with brilliants. Pitrot received it with sang froid, pressed his thumb upon the crystal, crushed the picture to pieces, adding, "Thus I treat men not worthy of my friendship." This fellow behaved equally ill in France, Prussia, and Russia; but, at length, scouted by all his patrons, and, after giving his thousands to opera girls, he wandered about Calais in rags and poverty. Farinelli, after accumulating a fortune in England, built a superb mansion in Italy, which he called the English Folly.⁵