the Spaniards in 1667. It surrendered, in 1708, to the duke of Marlborough and prince Eugene. At the peace of Utrecht, it was restored to France. In 1792, it was bombarded by the Austrians, who were obliged to retire, with the loss of 20,000 men. In 1815, Louis XVIII spent one day here, before leaving France. Population, 69,860; 18 miles east of Tournay; lon. 3° 4 E.; lat. 50° 37′ 50′′ N.

LIST; the enclosed ground wherein knights held their justs and tournaments; so called because encircled with barriers as with a list. Some were double, one for each cavalier, so that they could not approach nearer than a spear's length. Hence to enter the lists is to engage in contest.

LISTEL; a small square moulding, serving to crown or accompany a larger, and to separate the flutings in columns.

L'ISTESSO TEMPO (Italian); a phrase implying that the movement before which it is placed is to be played in the same time as the previous movement.

LITANY (from the Greek Aravia, supplication, prayer); a form of prayer or song, used on occasions of public calamity, first introduced, according to Zonaras and Nicephorus, by Proclus, about the year 446, at Constantinople, in the reign of Theodosius; according to Paulus Diaconus, under Justinian, at Antioch, in consequence of the following circumstance: An earthquake, says the legend, having driven the people into the fields, a boy was suddenly taken up into the air in their presence; but was again let down unhurt, on the people crying out Kyrie eleeson! The boy related that he had heard the songs of the angels, "Holy God! Holy and Mighty, Holy and Immortal! have mercy upon us!" and this gave rise to the litany. This kind of common prayer was, perhaps, not unusual among the Jews, and the 136th Psalm seems to have been adapted to this purpose. Litanies afterwards became very common, and every saint of the Roman calendar has his litany. It must be owned, that some of these are very unmeaning, enumerating all the names and miracles attributed to the saint, and, in this respect, not unlike those prayers of the Romans, which consisted merely of a catalogue of the names of the deity addressed, against which St. Paul gives a particular warning. Litanies are found in the old hymn-books of the Lutherans, but are no longer used by German Prot

estants.

The Catholic litanies are distinguished into the greater and less. The latter is said to have been composed by bishop Mamertus, of Vienne (in France),

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in 446, when that place was visited by repeated calamities; the former by Gregory the Great, during an inundation of the Tiber, and a raging plague. This consisted of a song of seven choirs (hence septiformis), of clergy, monks, nuns, boys, girls, Roman citizens, and widows and married women. The litany probably consisted, at first, of the words kyrie eleeson, but was gradually enlarged. The litany was annually sung on the dies rogationum. At a later period, the litany was not only addressed to the Holy Trinity, but also, as we have said, to the saints, and sung in processions. This latter kind of litany of course was omitted by the Protestants. The usual answer of the people is, Ora pro nobis (pray for us), if the litany is directed to the Virgin or a saint; or Libera nos (deliver us), if it is addressed to the Deity. Indecent parodies have often been made on litanies, and sung in connexion with other profane songs. In early times, instances occur of this being done, even by monks. (See the note to the article Fools, Feast of.) The following parody is taken from the Cavalier's Letanie (1647):

From too much keaping an evil decorum,
From the manyfold treasons parliamentorum,
From Oliver Cromwell, dux omnium malorum,
Libera nos.

See the Sacra Litania varia (Antwerp, 1606), and Bingham's Origines Ecclesiastice, for a great variety of litanies.-That this simple form of prayer and response has, at times, been of great advantage to the people cannot be denied; and, because many litanies are poor, all ought not to be condemned. (See Liturgy.)

LITCHFIELD; a post-town, and capital of Litchfield county, Connecticut ; 30 miles west of Hartford, 31 north-north-west of New Haven, 329 from Washington; lon. 73° 37′ W.; lat. 41° 50′ N.; population, in 1820, 4610 (for the population in 1830, see United States); organized as a town in 1721, and contains four large territorial parishes. The principal village is delightfully situated on an elevated plain, affording extensive and beautiful prospects. It was made a borough in 1818, and contains a court-house, a jail, a female academy, a law school, a printing-office, a bank, and two houses of public worship,one for Congregationalists, and one for Episcopalians, and has some trade. In the township, there are nine houses of public worship,-four for Congregationalists, four for Episcopalians, and one for Baptists. It is a good agricultural town, and contains numerous mills and manufacturing establishments, cotton manufactories,

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iron works, &c. Mount Tom, on the western border of the township, is 700 feet high. There are four ponds in this township, the largest of which comprises 900 acres. There is a medicinal spring within half a mile of the court-house. The law school in this town is a private institution, established in 1782, by judge Reeve. In 1798, judge Gould was associated with him. Since 1820, judge Gould has lectured alone. The students, however, are weekly examined by another gentleman. The number of students, from 1798 to 1827, both inclusive, was 730. The number has been somewhat reduced, by the establishment of another school in connexion with Yale college. The students in this seminary study the law by titles, in the order in which the lectures are given. The mode of instruction is by lecturing on the several titles of the law in an established order. The course of lectures occupies about 14 or 15 months. One lecture is given every day. There are two vacations of four weeks each; one in May, the other in October. The price of tuition is at the rate of $100 a year.

LIT DE JUSTICE was formerly a solemn proceeding in France, in which the king, with the princes of the blood royal, the peers, and the officers of the crown, state and court, proceeded to the parliament, and there, sitting upon the throne (which, in the old French language, was called lit, because it consisted of an under cushion, a cushion for the back, and two under the elbows), caused those commands and orders, which the parliament did not approve, to be registered in his presence. The parliament had the right of remonstrating, in behalf of the nation, against the royal commands and edicts. If the king, however, did not choose to recede from his measures, he first issued a written command (lettres de jussion) to the parliament; and if this was not obeyed, he held the lit de justice. The parliament was then, indeed, obliged to submit, but it afterwards commonly made a protest against the proceeding. Louis XV held such a lit de justice, in 1763, in order to introduce certain imposts, but, on account of the firm resistance of the parliaments, he was finally obliged to yield. The last lits de justice were held by Louis XVI, in 1787 and 1788.

LITERARY HISTORY is the science whose object is to represent the developement or the successive changes of human civilization, as far as these are manifested in writings, as the object of political

history is to show the same, manifested in the various political establishments and changes. In a more limited sense, literary history treats of learned writings, their contents, fate, modifications, translations, &c. (which is bibliography, q. v.), of the lives and characters of their authors, the circumstances under which they wrote, &c. (which constitutes literary biography). The latter has also been called external literary history, the former internal literary history, because it aims to show, in a connected view, the developement of sciences. From its nature, it is obvious that literary history could not fairly begin until mankind had acquired extensive knowledge of what has been done and written, which required the preparatory study of centuries, as well as a civilized intercourse among the various nations. This science is, indeed, of comparatively recent date, and we have by no means, even yet, a general literary history. What we have is mostly confined to Europe; at least, we are yet too little acquainted with many parts and periods of the literary history of the East, which has several times given an impulse to the western world, to authorize us to call what has hitherto been done a general literary history. The branch which relates to Greece and Rome must remain of surpassing importance. The ancients did not treat literary history as a distinct department of history. The literature of the Greeks, and, though not in the same degree, that of the Romans, were so intimately connected with their religion and politics, that a separation of literary from general history could not easily take place; besides, the materials were not sufficient to claim a separate consideration. Hence the classics contain only scattered notices and detached materials for a literary history, partly in biographies of poets, philosophers, orators, grammarians, &c.; partly in criticisms and extracts from their writings. Such notices we find in the works of M. Terentius Varro, Cicero, Pliny, Quinctilian, Aulus Gellius, Dionysius of Halicarnassus, Pausanias, Athenæus, and the biographers Plutarch, Suetonius, Diogenes Laertius, &c. Suidas and Photius likewise contribute names and titles. The middle ages contribute only detached facts to the history of their literature, partly in chronicles, partly in the confidential communications of poets and other authors, respecting their own lives. The first rude attempt at a compilation of general literary notices, yet without systematical order, was made by Polydore Virgil of Urbino in his work

De Inventoribus Rerum, which first appeared in print in 1499. The true father of literary history is the famous Conrad Gesner, whose Bibliotheca Universalis contains stores of knowledge not yet exhausted. In his 25th year, he began to execute his grand plan of a general work on literature, and, in three years, his materials were so far prepared, that they could be arranged for printing. According to his plan, the work was to be divided into three parts-an alphabetical dictionary of authors, a general systematic view of literature, which even cites single dissertations and passages, and an alphabetical index of matters and subjects treated. (See Ebert's Bibliog. Lex., article Gesner.) The first edition of the first division appeared in 1545.* Peter Lambeck gave instruction in literary history at the gymnasium of Hamburg, in 1656, on the plan of Gesner and Virgil, and published, in 1659, outlines, as a text-book for his lectures, the title of which is Prodromus Historia Literaria. Daniel George Morhof's Polyhistor Literarius, Philosophicus et Practicus, the first edition of which appeared in 1688, contributed to promote the study of literary history. Since the beginning of the eighteenth century, literary history has been a favorite study of the learned, and has been taught in the *Lord Bacon, in his Advancement of Learning (De Aug. Sci. ii. 5), seems to have been the first (1605) to have traced out the objects and extent of a general literary history (Historia Literarum, Historia Literaria). "History," says he, "is natural, civil, ecclesiastical and literary; whereof the first I allow to be extant, the fourth I note as deficient. For no man hath propounded to himself the general state of learning to be described and represented from age to age, as many have done the works of nature, and the state civil and ecclesiastical, without which the history of the world seemeth to me to be as the statue of Polyphemus with his eye out, that part being wanting which doth show the spirit and life of the person and yet I am not ignorant that in divers particular sciences, as of the jurisconsults, the mathematicians, the rhetoricians, the philosophers, there are set down some small memorials of the schools, authors and books; and so likewise some barren relations touching the invention of arts or usages. But a just story of learning, containing the antiquities and originals of know edges, and their sects, their inventions, their traditions, their divers administrations and managings, their flourishings, their oppositions, decays, depressions, oblivions, removes, with the causes and occasions of them, and all other events concerning learning, throughout the ages of the world, I may truly affirm to be wanting. The use and end of which work I do not so much design for curiosity or satisfaction of those that are lovers of learning, but chiefly for a more serious and grave purpose, which is, that it will make learned men wise in the use and administration of learning."

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universities, and in higher schools, at least in Germany. To these lectures we owe several Introductions, General Views, and Systems of literary history. We mention, in chronological succession, Burkhard Gotthelf Struvius, professor at Jena; Matthew Lobetanz, professor at Greifswald; N. H. Gundling, professor in Halle; Gottlieb Stoll, professor in Jena; G. G. Zeltner, professor in Altorf; C. C. Neufeld, professor in Königsberg; F. G. Bierling, professor in Rinteln; and others. Reimmann must also be mentioned on account of his Introduction to Historia Literaria (1708), and his Idea Systematis Antiquitatis Literaria. Still more important was Chr. Aug. Heumann's Conspectus Republica Literaria, a work much superior to any that had preceded it, in arrangement, acute criticism and richness of materials. John Andrew Fabricius's Sketch of a General History of Literature (1752) is a comprehensive work, and unites the synthetic and analytic method. A. Y. Goguet was the first to introduce a more philosophical treatment of literary history; and the Italian Denina rivals him in brilliancy of manner, without equalling him in thoroughness and originality of views or in judgment. It began to be more and more clearly felt, that literary history, though an independent branch of history, would remain a mere list of names, titles, and dates, if it were not treated with constant reference to the state of religion, politics, morals, and the arts. Attempts have been made to treat it as a part of the general history of civilization by Iselin, Ferguson, Home, and particularly by Herder. In recent times, the Germans have taken the lead in this science, both in extent of knowledge and comprehensiveness of views. J. G. Eichhorn's and L. Wachler's work is of high value, as are also those of S. G. Wald, J. G. Meusel and Fr. Schlegel. It would exceed our limits were we to mention here the different productions upon the literary history of single nations and particular periods. A work on an extensive plan, though not of a general nature, is the great enterprise of the literary society of Göttingen-History of Arts and Sciences in Europe, since the Restoration of the same, until the End of the Eighteenth Century. - Literary history is naturally divided into ancient, middle and modern. The ancient terminates with the retirement of science into the convents, in the sixth century; the middle begins with the downfall of the great Roman empire (about 500 A. D.) and the commencement

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of literary civilization in the various European nations, without the support of ancient classical civilization (see Berrington's Literary History of the Middle Ages); and the last begins about 1450, when the study of the classics was renewed, and knowledge revived in Europe.

LITERARY PROPERTY. In the whole compass and variety of the products of human labor, no one thing is more exclusively such than intellectual works. In the fabrication and production of almost all other subjects of value and property, the materials are supplied, directly or indirectly, by the earth or the water; and man only cooperates with nature in furnishing the article. But a piece of music, a painting, a poem, an oration, a history, or a treatise of any description, is the offspring of the unaided labor of the mind. It is supplied from abroad, only with the canvass, paper, parchment, or whatever other substance is used for recording the work, and affording the evidence of its accomplishment, but which is no more a part of the thing produced, than a deed, conveying an estate, is a part of the thing conveyed. But, though the right to the products of intellectual labor is thus peculiarly positive and absolute, it is among the latest rights of property recognised in a community, since the subject of it, the product itself, is only the result of an advanced state of civilization. Another reason of its not attracting a more early attention, is its abstract, incorporeal nature, and also, in some cases, the difficulty of defining and identifying it, and deciding what is an infringement of this right of property; and again, in some countries, speaking the same language as those bordering upon them, the great difficulty of protecting this kind of property from infringement, though no doubt arises as to the identification of the thing claimed, or in determining what shall be considered to be an infringement. The question whether an author has, of common right, and independently of any special statute in his favor, a property in the products of the labor of his mind, as unquestionable and absolute as any other producer has in those of the labor of the hands, was very elaborately discussed in the court of king's bench, and in the house of lords, in England, in the time of lord Mansfield, in the celebrated cases of Millar against Taylor, reported in the 4th volume of Burrow's Reports, in relation to the copyright of Thomson's Seasons; and Donaldson against Becket, reported in the same volume. The first of these cases came be

fore the court in 1769. In 1709, the statute of 8 Anne, chapter 19, had been passed, giving to authors an exclusive copyright "for the term of 14 years, and no longer." Notwithstanding the limitation of the right to that term, by the statute, it had been held, in divers cases, subsequently decided, that the exclusive property of the author, or his representatives or assigns, continued after the expiration of the 14 years; and, accordingly, in 1739, lord chancellor Hardwicke granted an injunction against a person, other than the proprietors, printing Milton's Paradise Lost, the title to the copyright of which was derived to the proprietor, under an assignment by Milton, 72 years before. In the case relating to the copyright of Thomson's Seasons, three of the judges, namely, lord Mansfield and justices Aston and Willes, were of opinion, that the exclusive right of property continued after the expiration of 14 years from the first publication, as limited by the statute of Anne, and such was the decision of the court. Mr. Justice Yates dissented from that opinion. Five years afterwards, in 1774, the other case came before the house of lords, and, as is usual with that tribunal, the opinion of the judges of the king's bench, common pleas and exchequer, was taken. Lord Mansfield, being a member of the house of lords, did not give an opinion in answer to the questions propounded by the house, with the other judges, but acted and voted as a member of the body. Of the 11 judges who gave opinions, eight were of opinion that an author had of common right—that is, as by the common law, or without any statute to this effect-the exclusive privilege of publishing his own works; and three were of a contrary opinion. Seven, against four to the contrary, were of opinion, that, by publishing his work and vending copies, he did not abandon his exclusive property to the public, or, in other words, that, by making and selling one copy, he did not authorize all other persons to make, and use or sell as many copies as they might choose. This seems to be so plain a point, that, if four respectable judges had not been of a contrary opinion, one would be ready to say it admitted of no doubt. A case very analogous, but much stronger in favor of the author's right of property, is stated in the public journals (1831), as having recently been decided in France. An artist had sold a statue or picture, the production of his own chisel or pencil, and the question was made whether the purchaser had a right to

publish engravings of this original. It was decided, that the artist alone, and not the purchaser, had, in such case, the exclusive right to make and publish engraved copies. But, on the other question, proposed by the house of lords, viz. whether the statute of Anne took away the author's exclusive right to his own property, after the expiration of 14 years, six of the judges were of opinion in the affirmative, so that the whole 12 judges were equally divided upon this question, lord Mansfield being, upon this and the two other questions, in favor of the author's right. But the house of lords decided that the author had no exclusive right after the expiration of the period limited in the statute, though the reasons given on that side, by the judges who supported it, are very unsatisfactory; and it is not easy to divine the grounds of the decision. But it has been acquiesced in as law from that time, both in England and the U. States. Thus, while the poverty of authors and scholars-the great leaders and champions of civilization and intellectual advancement-has been proverbial all the world over, the government has interposed, or is construed to have interposed, with its mighty arm, not for their protection and reward, but to despoil them of their property, the fruits of their own labor, and sequestrate it for the public use. If a man cultivates the ground, or fabricates goods, the fruits of his labor go to him and his heirs or assigns, absolutely, forever; but if he spends his life upon a poem or musical composition, he only has a lease of it for 14 years, according to the statute of Anne, when it is to be forfeited to the public. This doctrine displays, in striking contrast, the rewards bestowed, and the forfeitures enacted, in reference to different species of glory and public service. While a military hero is rewarded with a grant of lands and a title of honor, to himself and his heirs ad infinitum, a man of equal genius, who, by his labors, instructs and delights mankind, and sheds a lasting glory upon the country of which he is a citizen, is despoiled of the fruits of his own labors. The injustice of such a doctrine is so obvious, that its legality, though sanctioned by an acquiescence of half a century, may well be questioned. However this may be, legislatures have begun to mitigate the forfeitures heretofore inflicted upon literary eminence, by extending the time for which an author may enjoy the fruits of his own talents and industry. By a law passed in the 54th year of George the

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Third, chapter 156, an author is entitled to an exclusive copyright in his work for 28 years, and, if he is living at the end of that period, it is continued during his life. This act is entitled to the commendation of being less unjust than that of Anne. On the continent of Europe, the laws are much more favorable, or, rather, much less unfavorable, to authors. In France, they are entitled to an exclusive copyright during their lives, and their heirs or assigns for 20 years afterwards. In many of the German states, the right is perpetual, but it is subject to this disadvantage, that it extends only to the state in which it is granted, and the work may be pirated in the others with impunity. This can be avoided only by procuring a copyright in the different German states, which is attended with much difficulty and expense. The defect of the laws of these German states on this subject, therefore, is not in confiscating the author's property, or refusing to recognise his right to it, but in burthening him with heavy expenses in securing its protection. In Russia, the period of the copyright is the same as in France, and it is not liable to be seized and sold for the payment of the author's debts. In the U. States, the constitution provides, that congress may secure," for limited times, to authors, &c., the exclusive right to their respective writings," &c. Under this provision, a law was passed, in 1790, giving to authors, being citizens of the U. States, or being resident therein, the sole right of printing and vending their works for the term of 14 years from the time of recording the title in the clerk's office; and, if living at the expiration of that period, and then citizens or resident as above, they could have a renewal of the exclusive right for 14 years longer, on filing a copy of the title again in the clerk's office. This law also required, that, at the commencement of each term, the author should publish the clerk's certificate in some newspaper for four weeks. It also required that a copy should be deposited in the office of the secretary of state. A more liberal, or, rather, less illiberal, law was passed on this subject in 1831. By this act, the exclusive right is extended to 28 years, with a right of renewal for his life, if the author is living at the expiration of the first copyright. It dispenses with the publication of the clerk's certificate in a newspaper-a very useless provision; for, if the work itself gives notice that the copyright is secured, a person who pirates it can have no pretence for alleging ignorance of the fact.