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men.

LISLE-LITCHFIELD.

11 the Spaniards in 1667. It surrendered, in in 446, when that place was visited by re1708, to the duke of Marlborough and peated calamities; the former by Gregory prince Eugene. At the peace of Utrecht, the Great, during an inundation of the it was restored to France. In 1792, it was Tiber, and a raging plague. This conbombarded by the Austrians, who were sisted of a song of seven choirs (hence obliged to re with the loss of 20,000 septiformis)

, of clergy, monks, nuns, boys, In 1815, Louis XVIII spent one girls, Roman citizens, and widows and marday here, before leaving France. Popu- ried women. The litany probablyconsisted, lation, 69,860 ; 18 miles east of Tournay; at first, of the words kyrie eleeson, but was lon. 30 4 E.; lat. 50° 37' 50' N.

gradually enlarged. The litany was annuList; the enclosed ground wherein ally sung on the dies rogationum. At a later knights held their justs and tournaments; period, the litany was not only addressed so called because encircled with barriers to the Holy Trinity, but also, as we have as with a list. Some were double, one for said, to the saints, and sung in processions. each cavalier, so that they could not ap- This latter kind of litany of course was proach nearer than a spear's length. Hence omitted by the Protestants. The usual anto enter the lists is to engage in contest. swer of the people is, Ora pro nobis (pray

LISTEL ; a small square moulding, for us), if the litany is directed to the Virserving to crown or accompany a larger, gin or a saint; or Libera nos (deliver us), if and to separate the flutings in columns. it is addressed to the Deity. Indecent

L'Istesso TEMPO (Italian); a phrase parodies have often been made on litaimplying that the movement before which nies, and sung in connexion with other it is placed is to be played in the same profane songs. In early times, instances time as the previous movement.

occur of this being done, even by monks. LITANY (from the Greek dıraveia, suppli- (See the note to the article Fools, Feast of:) cation, prayer); a form of prayer or song, The following parody is taken from the used on occasions of public calamity, first Cavalier's Letanje (1647): introduced, according to Zonaras and Ni

From too much keaping an evil decorum, cephorus, by Proclus, about the year 446, From the manyfold treasons parliamentorum, at Constantinople, in the reign of Theod From Oliver Cromwell, dux omnium malorum,

Libera nos. sius; according to Paulus Diaconus, under Justinian, at Antioch, in consequence of See the Sacra Litania variæ (Antwerp, the following circumstance: An earth- 1606), and Bingham's Origines Ecclesiasquake, says the legend, having driven the ticæ, for a great variety of litanies.—That people into the fields, a boy was suddenly this simple form of prayer and response taken up into the air in their presence; but has, at times, been of great advantage to was again let down unhurt, on the people the people cannot be denied; and, because crying out Kyrie eleeson! The boy related many litanies are poor, all ought not to be that he h d heard the songs of the angels, condemned. (See Liturgy.) "Holy God! Holy and Mighty, Holy and LITCHFIELD; a post-town, and capital Immortal! have mercy upon us !" and this of Litchfield county, Connecticut;30 miles gave rise to the litany. This kind of west of Hartford, 31 north-north-west of common prayer was, perhaps, not unusual New Haven, 329 from Washington ; lon. among the Jews, and the 136th Psalm 73° 37' W.; lat. 41° 50 N.; population, in seems to have been adapted to this pur- 1820, 4610 (for the population in 1830, see pose. Litanies afterwards became very United States) ; organized as a town in common, and every saint of the Roman 1721, and contains four large territorial calendar has his litany. It must be own- parishes. The principal village is delighted, that some of these are very unmean- fully situated on an elevated plain, affording, enumerating all the names and mira- ing extensive and beautiful prospects. It cles attributed to the saint, and, in this re- was made a borough in 1818, and conspect, not unlike those prayers of the tains a court-house, a jail, a female acadRomans, which consisted merely of a emy, a law school, a printing-office, a catalogue of the names of the deity ad- bank, and two houses of public worship,dressed, against which St. Paul gives a one for Congregationalists, and one for particular warning. Litanies are found Episcopalians, and has some trade. In in the old hymn-books of the Lutherans, the township, there are nine houses of but are no longer used by German Prot- public worship,

--four for Congregationalestants. The Catholic litanies are distin- ists, four for Episcopalians, and one for guished into the greater and less. The Baptists. It is a good agricultural town, and latter is said to have been composed by contains numerous mills and manufacturbishop Mamertus, of Vienne (in France), ing establishments, cotton manufactories,

12

LITCHFIELD-LITERARY HISTORY.

iron works, &c. Mount Tom, on the history is to show the same, manifested in western border of the township, is 700 the various political establishments and feet high. There are four ponds in this changes. In a more limited sense, literary township, the largest of which comprises history treats of learned writings, their 900 acres. There is a medicinal spring contents, fate, modifications, translations, within half a mile of the court-house. &c. (which is bibliography, q. v.), of the The law school in this town is a private lives and characters of their authors, the institution, established in 1782, by judge circumstances under which they wrote, Reeve. In 1798, judge Gould was asso- &c. (which constitutes literary biography). ciated with him. Since 1820, judge Gould The latter has also been called external has lectured alone. The students, how- literary history, the former internal literary ever, are weekly examined by another history, because it aims to show, in a congentleman. The number of students, nected view, the developement of sciences. from 1798 to 1827, both inclusive, was From its nature, it is obvious that literary 730. The number has been somewhat history could not fairly begin until manreduced, by the establishment of another kind had acquired extensive knowledge school in connexion with Yale college. of what has been done and written, which The students in this seminary study the required the preparatory study of centulaw by titles, in the order in which the ries, as well as a civilized intercourse lectures are given. The mode of instruc- among the various nations. This science tion is by lecturing on the several titles of is, indeed, of comparatively recent date, the law in an established order. The and we have by no means, even yet, a course of lectures occupies about 14 or 15 general literary history. What we have is months. One lecture is given every day. mostly confined to Europe; at least, we are There are two vacations of four weeks yet too little acquainted with many parts each ; one in May, the other in October. and periods of the literary history of the The price of tuition is at the rate of $100 East, which has several times given an ima year.

pulse to the western world, to authorize us LIT DE Justice was formerly a sol- to call what has hitherto been done a genemo proceeding in France, in which the eral literary history. The branch which king, with the princes of the blood royal, relates to Greece and Rome must remain of the peers, and the officers of the crown, surpassing importance. The ancients did state and court, proceeded to the parlia- not treat literary history as a distinct deinent, and there, sitting upon the throne partment of history. The literature of (which, in the old French language, was the Greeks, and, though not in the same called lit, because it consisted of an un- degree, that of the Romans, were so intider cushion, a cushion for the back, and mately connected with their religion and ! wo under the elbows), caused those com- politics, that a separation of literary from mands and orders, which the parliament general history could not easily take place; did not approve, to be registered in his besides, the materials were not sufficient presence. The parliament had the right to claim a separate consideration. Hence of remonstrating, in behalf of the nation, the classics contain only scattered notices against the royal commands and edicts. and detached materials for a literary hisIf the king, however, did not choose to tory, partly in biographies of poets, philosrecede from his measures, he first issued ophers, orators, grammarians, &c.; partly a written command (lettres de jussion) to in criticisms and extracts from their the parliament ; and if this was not obey- writings. Such notices we find in the ed, he held the lit de justice. The parlia- works of M. Terentius Varro, Cicero, ment was then, indeed, obliged to submit, Pliny, Quinctilian, Aulus Gellius, Diobut it afterwards commonly made a pro- nysius of Halicarnassus, Pausanias, Athetest against the proceeding. Louis XV næus, and the biographers Plutarch, Sueheld such a lit de justice, in 1763, in order tonius, Diogenes Laertius, &c. Suidas to introduce certain imposts, but, on ac- and Photius likewise contribute names count of the firm resistance of the parlia- and titles. The middle ages contribute ments, he was finally obliged to yield. The only detached facts to the history of their last lits de justice were held by Louis literature, partly in chronicles, partly XVI, in 1787 and 1788.

in the confidential communications of LITERARY HISTORY is the science poets and other authors, respecting their whose object is to represent the develope- own lives. The first rude attempt at a ment or the successive changes of human compilation of general literary notices, yet civilization, as far as these are manifest- without systematical order, was made by ed in writings, as the object of political Polydore Virgil of Urbino in his work LITERARY HISTORY.

13 De Inventoribus Rerum, which first ap- universities, and in higher schools, at least peared in print in 1499. The true father in Germany. To these lectures we owe of literary history is the famous Conrad several Introductions, General Views, and Gesner, whose Bibliotheca Universalis Systems of literary history. We mention, contains stores of knowledge not yet ex- in chronological succession, Burkhard hausted. In his 25th year, he began to Gotthelf Struvius, professor at Jena ; execute his grand plan of a general work Matthew Lobetanz, professor at Greifson literature, and, in three years, his ma- wald; N. H. Gundling, professor in Halle; terials were so far prepared, that they Gottlieb Stoll, professor in Jena; G. G. could be arranged for printing. Accord- Zeltner, professor in Altorf; c. C. Neuing to his plan, the work was to be divided feld, professor in Königsberg; F. G. Bierinto three parts—an alphabetical dictiona- ling, professor in Rinteln; and others. ry of authors, a general systematic view Reimmann must also be mentioned on acof literature, which even cites single dis- count of his Introduction to Historia Litsertations and passages, and an alphabeti- eraria (1708), and his Idea Systematis Ancal index of matters and subjects treated. tiquitatis Literaria. Still more important (See Ebert's Bibliog. Ler., article Gesner.) was Chr. Aug. Heumann's Conspectus The first edition of the first division ap- Republicæ Literaria, a work much superior peared in 1545.* Peter Lambeck gave in- to any that had preceded it, in arrangestruction in literary history at the gymna- ment, acute criticism and richness of masium of Hamburg, in 1656, on the plan of terials. John Andrew Fabricius's Sketch Gesner and Virgil, and published, in of a General History of Literature (1752) 1659, outlines, as a text-book for his lec- is a comprehensive work, and unites the tures, the title of which is Prodromus synthetic and analytic method. A. Y. Historiæ Literariæ. Daniel George Mor- Goguet was the first to introduce a more hof's Polyhistor Literarius, Philosophicus philosophical treatment of literary history; e Practicus, the first edition of which and the Italian Denina rivals him in appeared in 1688, contributed to promote brilliancy of manner, without equalling the study of literary history. Since the him in thoroughness and originality of beginning of the eighteenth century, lite- views or in judgment. It began to be rary history has been a favorite study of more and more clearly felt, that literary the learned, and has been taught in the history, though an independent branch of

* Lord Bacon, in his Advancement of Learning history, would remain a mere list of (De Aug. Sci. ii. 5), seems to have been the first names, titles, and dates, if it were not (1605) to have traced out the olujects and extent treated with constant reference to the of a general literary history (Historia Literarum, Historia Literaria). History," says he, “is

state of religion, politics, morals, and the natural, civil, ecclesiastical and literary; where

arts. Attempts have been made to treat of the first I allow to be extant, the fourth I note it as a part of the general history of civilias deficient. For no man hath propounded to zation by Iselin, Ferguson, Home, and himself the general state of learning to be de particularly by Herder. In recent times, scribed and represented from age to age, as many the Germans have taken the lead in this bave done the works of nature, and the state civil and ecclesiastical, without which the history of science, both in extent of knowledge and the world scemeth to me to be as the statue of comprehensiveness of views. J.G. EichPolyphemus with his eye out, that part being horn's and L. Wachler's work is of high wanting which doth show the spirit and life of the value, as are also those of S. G. Wald, J. person and yet I am not ignorant that in divers G. Meusel and Fr. Schlegel. It would particular sciences, as of the jurisconsults, the mathematicians, the rhetoricians, the philoso- exceed our limits were we to mention phers, there are set down some small memorials here the different productions upon the of the schools, authors and books ; and so like. literary history of single nations and parwise some barren relations touching the invention ticular periods. A work on an extensive containing the antiquities and originals of knowi plan, though not of a general nature, is edges, and their sects, their inventions, their tra- the great enterprise of the literary society ditions, their divers administrations and man- of Göttingen-History of Arts and Sciagings, their flourishings, their oppositions, decays, ences in Europe, since the Restoration of depressions, oblivions, removes, with the causes and occasions of them, and all other events con

the same, until the End of the Eighteenth cerning learning, throughout the ages of the Century. Literary history is naturally world, I may truly affirm to be wanting. The divided into ancient, middle and modern. use and end of whúch work I do not so much de- The ancient terininates with the retiresign for curiosity or satisfaction of those that are ment of science into the convents, in the lovers of learning, but chiefly for a more serious sixth century; the middle begins with learned men wise in the use and administration the downtall of the great Roman empire of learning."

(about 500 A. D.) and the commencement VOL. VIII. 2

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14

LITERARY HISTORY-LITERARY PROPERTY.

of literary civilization in the various Eu- fore the court in 1769. In 1709, the ropean nations, without the support of statute of 8 Anne, chapter 19, had been ancient classical civilization (see Berring- passed, giving to authors an exclusive ton's Literary History of the Middle Ages); copyright “ for the term of 14 years, and and the last begins about 1450, when the no longer.” Notwithstanding the limitastudy of the classics was renewed, and tion of the right to that term, by the statknowledge revived in Europe.

ute, it had been held, in divers cases, subLITERARY PROPERTY. In the whole sequently decided, that the exclusive propcompass and variety of the products of erty of the author, or his representatives human labor, no one thing is more exclu- or assigns, continued after the expiration sively such than intellectual works. In of the 14 years; and, accordingly, in the fabrication and production of almost 1739, lord chancellor Hardwicke granted all other subjects of value and property, an injunction against a person, other than the materials are supplied, directly or in- the proprietors, printing Milton's Paradise directly, by the earth or the water ; and Lost, the title to the copyright of which man only cooperates with nature in fur- was derived to the proprietor, under an nishing the article. But a piece of music, assignment by Milton, 72 years before. In a painting, a poem, an oration, a history, the case relating to the copyright of or a treatise of any description, is the off- Thomson's Seasons, three of the judges, spring of the unaided labor of the mind. namely, lord Mansfield and justices Aston It is supplied from abroad, only with the and Willes, were of opinion, that the excanvass, paper, parchment, or whatever clusive right of property continued after other substance is used for recording the the expiration of 14 years from the first work, and affording the evidence of its publication, as limited by the statute of accomplishment, but which is no more a Anne, and such was the decision of the part of the thing produced, than a deed, court. Mr. Justice Yates dissented from conveying an estate, is a part of the thing that opinion. Five years afterwards, in conveyed. But, though the right to the 1774, the other case came before the house products of intellectual labor is thus pe- of lords, and, as is usual with that tribuculiarly positive and absolute, it is among nal, the opinion of the judges of the king's the latest rights of property recognised in bench, common pleas and exchequer, was a community, since the subject of it, the taken. Lord Mansfield, being a member product itself, is only the result of an ad- of the house of lords, did not give an vanced state of civilization. Another opinion in answer to the questions proreason of its not attracting a more early pounded by the house, with the other attention, is its abstract, incorporeal na- judges, but acted and voted as a member ture, and also, in some cases, the difficulty of the body. Of the 11 judges who gave of defining and identifying it, and decid- opinions, eight were of opinion that an ing what is an infringement of this right author had of common right—that is, as of property ; and again, in some coun- by the common law, or without any stattries, speaking the same language as those ute to this effect—the exclusive privilege bordering upon them, the great difficulty of publishing his own works ; and three of protecting this kind of property from were of a contrary opinion. Seven, against infringement, though no doubt arises as to four to the contrary, were of opinion, that, the identification of the thing claimed, or by publishing his work and vending in determining what shall be considered copies, he did not abandon his exclusive to be an infringement. The question property to the public, or, in other words, whether an author has, of common right, that, by making and selling one copy, he and independently of any special statute did not authorize all other persons to make, in his favor, a property in the products of and use or sell as many copies as they the labor of his mind, as unquestionable might choose. This seems to be so plain and absolute as any other producer has a point, that, if four respectable judges in those of the labor of the hands, wes had not been of a contrary opinion, one very elaborately discussed in the court of would be ready to say it admitted of no king's bench, and in the house of lords, in doubt. A case very analogous, but much England, in the time of lord Mansfield, in stronger in favor of the author's right of the celebrated cases of Millar against Tay property, is stated in the public journals lor, reported in the 4th volume of Bur- (1831), as having recently been decided in row's Reports, in relation to the copyright France. An artist had sold a statue or of Thomson's Seasons ; and Donaldson picture, the production of his own chisel against Becket, reported in the same vol or pencil

, and the question was made ume. The first of these cases came be- whether the purchaser had a right to

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publish engravings of this original. It Third, chapter 156, an author is entitled was decided, that the artist alone, and not to an exclusive copyright iş his work for the purchaser, had, in such case, the ex- 28 years, and, if he is living at the end of clusive right to make and publish engrav- that period, it is continued during his life. ed copies. But, on the other question, This act is entitled to the commendation proposed by the house of lords, viz. of being less unjust than that of Anne. whether the statute of Anne took away On the continent of Europe, the laws are the author's exclusive right to his own much more favorable, or, rather, much property, after the expiration of 14 years, less unfavorable, to authors. In France, six of the judges were of opinion in the they are entitled to an exclusive copyright affirmative, so that the whole 12 judges during their lives, and their heirs or aswere equally divided upon this question, signs for 20 years afterwards. In many lord Mansfield being, upon this and the of the German states, the right is perpettwo other questions, in favor of the au- ual, but it is subject to this disadvantage, thor's right. But the house of lords de- that it extends only to the state in which cided that the author had no exclusive it is granted, and the work may be pirated right after the expiration of the period in the others with impunity. This can be limited in the statute, though the reasons avoided only by procuring a copyright in given on that side, by the judges who the different German states, which is atsupported it, are very unsatisfactory; and tended with much difficulty and expense. it is not easy to divine the grounds of the The defect of the laws of these German decision. But it has been acquiesced in states on this subject, therefore, is not in as law from that time, both in England confiscating the author's property, or reand the U. States. Thus, while the pov- fusing to recognise his right to it, but in erty of authors and scholars—the great burthening him with heavy expenses in leaders and champions of civilization and securing its protection. In Russia, the intellectual advancement-has been pro- period of the copyright is the same as in verbial all the world over, the government France, and it is not liable to be seized has interposed, or is construed to have in- and sold for the payment of the author's terposed, with its mighty arm, not for their debts. In the U. States, the constitution protection and reward, but to despoil provides, that congress may secure, “ for them of their property, the fruits of their limited times, to authors, &c., the excluown labor, and sequestrate it for the pub- sive right to their respective writings,” &c. lic use. If a man cultivates the ground, Under this provision, a law was passed, in or fabricates goods, the fruits of his labor 1790, giving to authors, being citizens of go to him and his heirs or assigns, abso- the U. States, or being resident therein, the lutely, forever ; but if he spends his life sole right of printing and vending their upon a poem or musical composition, he works for the term of 14 years from the only has a lease of it for 14 years, accord- time of recording the title in the clerk's ing to the statute of Anne, when it is to office ; and, if living at the expiration of be forfeited to the public. This doctrine that period, and then citizens or resident displays, in striking contrast, the rewards as above, they could have a renewal of bestowed, and the forfeitures enacted, in the exclusive right for 14 years longer, on reference to different species of glory and filing a copy of the title again in the public service. While a military hero is clerk's office. This law also required, rewarded with a grant of lands and a title that, at the commencement of each term, of honor, to himself and his heirs ad in- the author should publish the clerk's cerfinitum, a man of equal genius, who, by tificate in some newspaper for four weeks. his labors, instructs and delights mankind, It also required that a copy should be deand sheds a lasting glory upon the country posited in the office of the secretary of of which he is a citizen, is despoiled of state. A more liberal, or, rather, less illibthe fruits of his own labors. The injus- eral, law was passed on this subject in tice of such a doctrine is so obvious, that 1831. By this act, the exclusive right is its legality, though sanctioned by an ac- extended to 28 years, with a right of requiescence of half a century, may well newal for his life, if the author is living at be questioned. However this may be, the expiration of the first copyright. It legislatures have begun to mitigate the dispenses with the publication of the forfeitures heretofore inflicted upon lite. clerk's certificate in a newspaper-a very rary eminence, by extending the time for useless provision ; for, if the work itself which an author may enjoy the fruits of gives notice that the copyright is secured, his own talents and industry. By a law a person who pirates it can have no prepassed in the 54th year of George the tence for alleging ignorance of the fact.

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