pression of the Sedili, when the names of the former class were entered in the golden book (Libro d'oro), those of the latter in the silver-book, or Libro d'argento. These volumes are preserved in the archives of Naples; and when time shall have swept away all traces of the Sedili, the names of those who merited the golden illustration and silver record will still remain. But let the odious distinction perish, the volumes be closed for ever; or, if opened, may they incite the two classes to emulate each other in noble deeds, and give proof that the rude spirit of resistance possessed by their ancestors is developed in their posterity, and that they wait but for an opportunity to endow their country with liberal institutions.

It would leave our task unfinished not to state what was the system of administration pursued by the five remaining Sedili and that of the people; nor could we choose a more appropriate place, since we have brought our description of these institutions down to that state in which they were fated to remain, till the besom of innovation, sweeping away the rubbish of antiquity, left the place free for systems better fitted to the wants of more enlightened times.

In the Sedili of the nobles, now reduced to five, presidents were elected to the number of twenty-nine,-a shadowy figure as it were of that ancient force, when every one of the principal streets of Naples was represented by its separate assembly, both noble and popular. Of these twenty-nine, five were elected in the Seggio del Nido, and six in the other four, and their vocation was to assemble their respective Sedili, and preside over and maintain order when the nobles were met together.

Besides these so called cinque e sei (five and six), the members of the Sedili chose annually one of their body under the name of Eletto, who in conjunction with the Eletto del Popolo, formed what was called the Tribunal of the City. The Sedile del Popolo was composed of twenty-nine capitani or chiefs, one being chosen by the people themselves in each of their ottine, which were held in the parish churches of the respective districts. It must not however be supposed that the people in later days enjoyed the full right of selecting their captains without foreign interference. Their power of election was limited to that of

naming six of their number, from whom the king or viceroy selected one to represent them.

The appointment of the Eletto del Popolo, who was to unite with those of the noble Sedili, took place in the following manner. Two citizens were elected in each ottine, and from the total, fifty-eight, four were chosen by lot, who had each the right of electing another. A ballot then took place, and the names of the six most successful were submitted to the sovereign, who singled out one to serve as the "People's Elected." This office was eagerly sought and closely canvassed for, but whether from zeal to serve the interests of the prince or people, must be left undecided. Reflecting however on the gradual humiliation of these ancient rallying points of freedom, on their utter insufficiency in later times to protect the people from Spanish oppression,-remembering too that the people's Sedile was composed of members who were more indebted for their offices to the arbitrary one than their fellow many, we cannot hope that the popular cause was ever fought with energy; but there is something in a name, and the venerable citizen of Naples, the souvenirs of whose youth carry him back to the deeds of the last age, points with a bitter smile to the lofty tower of Saint Augustin, and tells you that beneath its shade once flourished some of his country's glories; which, drawing high lineage from Greece and Rome, and having struggled against the iron opposition of the dark ages, and the more withering discredit of modern times, fell from their ancient foundations at the close of the eighteenth century, a signal proof that human institutions, though rooted as the forest monarch, must some day bend their high tops, and tottering beneath a load of years fall lowly in the dust.

Amidst the general scene of corruption that the society of Naples presented during the domination of Spain, there existed a society composed of members of the Sedili, so creditable to both classes of citizens, that that alone should save them from oblivion. This society consisted of a permanent committee composed of twenty deputies from the Sedili of the nobles, and five of the people, for the sole purpose of opposing the introduction of the Inquisition into the country. When it is considered how absolute was the will of the sovereign,-how mighty was the sway of the priests over the most blinded and

superstitious people perhaps of Europe,-when we reflect on the lengthened rule of Spain, and the almost unlimited authority deputed to the Spanish viceroys and the Spanish junta, their natural desire to reign by fear where they felt they were abhorred, their still more natural wish,-as Spaniards and representatives of those monarchs to whom inquisitions and autos-da-fè were at once the means and delights of government, to introduce the inquisition into the country they reigned over, we cannot withhold our surprise and admiration at the moral determination of the Sedili in so successfully avoiding its encroachment. A constant surveillance over the acts of government, conscious at once and jealous of the purpose of the deputation, an unwearied search into the objects and motives of all foreigners, and particularly Spaniards, visiting the country, but above all a scrutiny into the proceedings of the clergy, must have been their main principles of action. This committee, which went by the name of the Deputation against the Holy Office, "Deputazione contro il Sant' Ufficio," was always successful in its opposition, the feelings of the Neapolitans being with it, which displayed themselves in the most violent manner at every endeavour of the government and clergy to force the odious tribunal upon them.

These an

The offices that the Sedili conferred were at length sought for as mere places of privilege. Historians of the last century dwelt with complacency on the splendid figure made by the eletti in processions of state, and on the high privilege of supporting the canopy in great festivals, etc. cient institutions were fast dwindling into decrepitude, the shadow and not the substance of liberty remained; but for the French Revolution they might indeed have lingered another century, though with little glory to themselves, and less advantage to their fellow citizens.

The last act of the Sedili was exemplified by the eletti of the nobles and that of the people, when, flying before the victorious arms of Championet, Ferdinand IV., in the year 1799, abandoned his capital to the factions that distracted and the armies that invested it. The six eletti formed a species of provisional regency, but their reign was of short duration; the entrace of Championet into the town was followed quickly by the establishment of a republic, which put an end to the

ancient institutions of the country. The revolution that followed finished by obliterating all traces of the feudal and municipal government; and when order was restored and the ancient line of monarchs were seated on the throne, either wearied with French republicanism or counter-revolution, no one raised a voice for their re-establishment; nor, when some years afterwards the spirit of freedom was momentarily aroused, could the popular feeling declare in favor of a cramped form of administration, which had ever disappointed the votaries of enlightened liberty, but for a free and generous constitution, which should, as our immortal bard has it, "in the compass of a pale

Keep law, and form and due proportion."

ARTICLE VII.

Commentaries on Equity Jurisprudence, as administered in

England and America.

By JOSEPH STORY, LL.D.,

Dane Professor of Law in Harvard University. Second edition, revised, corrected, and enlarged. 2 vols. Reprinted in London.

1839.

ALTHOUGH at the present time there are few persons of any pretensions to education who would be likely to fall into the mistake of supposing, with an eminent writer of the last age, that a court of equity in England meant a court "in which "the judge, instead of consulting strictly the law of the land, "refers only to the wisdom of the court and to the purity of "his own conscience *," yet it is believed that an imperfect notion of what in England constitutes equity jurisprudence still prevails very extensively.

In its most general, and indeed in its etymological sense,

*Junius's Letters to Lord Mansfield, Letter 41.

equity means equality *, impartiality. The latter term seems to us to convey a clearer idea than can be obtained from any turning and twisting of the words jus, or justice, or any talk about "giving to every man his own." For after all, the question will still recur, what is a man's own? So that the definition of justice to be "constans et perpetua voluntas jus suum cuique tribuendi †," seems but a begging of the question; for it assumes the main desideratum as a known quantity. But IMPARTIALITY conveys one clear and distinct idea, pointing toward the path which may at last conduct us to the wished-for goal; for if the claims of the respective contending parties or claimants be weighed impartially and carefully, that is, with due deliberation and pains-taking, and without fear or favour, we may reasonably hope that the true value or character of each will at last be correctly ascertained, and then, but not till then, shall every man have his own.

Another more limited sense in which the term equity is used, is in contradistinction to strict law, and in conformity with the definition of Aristotle, who defined equity to be the correction of the law, wherein it is defective by reason of its universality. This notion of equity has been very generally adopted §, and the jus prætorium in the Roman system of jurisprudence was founded upon it . A usual application of this sense of equity is in construing positive or written laws. "From this method of interpreting laws by the reason of them," says Blackstone," arises what we call equity ¶." And again: "Equity, in its true and genuine meaning, is the "soul and spirit of all law; positive law is construed, and "rational law is made by it. In this, equity is synonymous "to justice; in that, to the true sense and sound interpreta❝tion of the rule **."

* Bracton thus defines Equity: "Equitas autem est rerum convenientia, quæ in paribus causis paria desiderat jura, et omnia bene coæquiparat ; et dicitur æquitas, quasi æqualitas."-Bracton, lib. i. c. 4. § 5. p. 3.

Dig. Lib. i. tit. 1.1. 10, 11.

Arist. Ethic. Nicom. 1. 5. c. 14, cited 1 Woodes. Lect. p. 193, 1 Story's Eq. Jur. 4. Cicero says that Galba was accustomed "Multa pro æquitate contra jus dicere."-Cic. de Oratore, lib. i. § 57.

§ Grotius de quitate, c. 1. § 2, 3. Puffend. Law of Nature and Nat., b. v. c. 12. § 21. &c., cited 1 Story, Eq. Jur. 4.

Dig. Lib. i. tit. 1. 1. 7.

**3 Bl. Com. 429.

1 Bl. Com. 61.