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Understanding Knowledge as a Commons From Theory to Practice 1st Edition Charlotte Hess
Understanding Knowledge as a Commons From Theory
to Practice 1st Edition Charlotte Hess Digital Instant
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Author(s): Charlotte Hess, Elinor Ostrom(Editors)
ISBN(s): 9781429421072, 142942107X
Edition: 1
File Details: PDF, 1.10 MB
Year: 2007
Language: english
Understanding Knowledge
as a Commons
From Theory to Practice
Understanding Knowledge as a Commons
From Theory to Practice
edited by Charlotte Hess and Elinor Ostrom
Knowledge in digital form offers unprecedented access to information
through the Internet but at the same time is subject to ever-greater
restrictions through intellectual property legislation, overpatenting,
licensing, overpricing, and lack of preservation. Looking at knowledge
as a commons—as a shared resource—allows us to understand both
its limitless possibilities and what threatens it. In Understanding
Knowledge as a Commons, experts from a range of disciplines discuss
the knowledge commons in the digital era—how to conceptualize it,
protect it, and build it.
Contributors consider the concept of the commons historically and
offer an analytical framework for understanding knowledge as a
shared social-ecological system. They look at ways to guard against
enclosure of the knowledge commons, considering, among other topics,
the role of research libraries, the advantages of making scholarly
material available outside the academy, and the problem of disappearing
Web pages. They discuss the role of intellectual property in a new
knowledge commons, the open access movement (including possible
funding models for scholarly publications), the development of associ-
ational commons, the application of a free/open source framework to
scientific knowledge, and the effect on scholarly communication of
collaborative communities within academia, and offer a case study of
EconPort, an open access, open source digital library for students and
researchers in microeconomics. The essays clarify critical issues that
arise within these new types of commons, and offer guideposts for
future theory and practice.
Charlotte Hess is Director of the Digital Library of the Commons at
Indiana University. Elinor Ostrom is Arthur F. Bentley Professor of
Political Science, Codirector of the Workshop in Political Theory and
Policy Analysis at Indiana University, and Codirector of the Center for
the Study of Institutions, Population, and Environmental Change (CIPEC)
at Indiana University.
Contributors
David Bollier, James Boyle, James C. Cox, Shubha Ghosh, Charlotte Hess, Nancy
Kranich, Peter Levine, Wendy Pradt Lougee, Elinor Ostrom, Charles M. Schweik, Peter
Suber, J. Todd Swarthout, Donald J. Waters
communications/scholarly publishing
The MIT Press
Massachusetts Institute of Technology
Cambridge, Massachusetts 02142
http://mitpress.mit.edu
Understanding
Knowledge
as
a
Commons
Hess
and
Ostrom,
editors
0-262-08357-4 978-0-262-08357-7
edited by Charlotte Hess and Elinor Ostrom
Jacket art by Charlotte Hess.
4626_Hess 11/3/06 7:18 AM Page 1
Understanding Knowledge as a Commons
Understanding Knowledge as a Commons From Theory to Practice 1st Edition Charlotte Hess
Understanding Knowledge as a Commons
From Theory to Practice
edited by Charlotte Hess and Elinor Ostrom
The MIT Press
Cambridge, Massachusetts
London, England
© 2007 Massachusetts Institute of Technology
All rights reserved. No part of this book may be reproduced in any form by any
electronic or mechanical means (including photocopying, recording, or informa-
tion storage and retrieval) without permission in writing from the publisher.
MIT Press books may be purchased at special quantity discounts for business
or sales promotional use. For information, please e-mail special_sales@
mitpress.mit.edu or write to Special Sales Department, The MIT Press, 55
Hayward Street, Cambridge, MA 02142.
This book was set in Sabon by SNP Best-set Typesetter Ltd., Hong Kong and
printed and bound in the United States of America.
Library of Congress Cataloging-in-Publication Data
Understanding knowledge as a commons : from theory to practice / edited by
Charlotte Hess and Elinor Ostrom.
p. cm.
Includes index.
ISBN-13: 978-0-262-08357-7 (hardcover : alk. paper)
ISBN-10: 0-262-08357-4 (hardcover)
1. Knowledge management. 2. Information commons. I. Hess, Charlotte.
II. Ostrom, Elinor.
HD30.2.U53 2007
001—dc22 2006027385
10 9 8 7 6 5 4 3 2 1
This book is dedicated to the memory of Gerry Bernbom (1952–2003)
who continues to be a source of inspiration and wisdom.
Understanding Knowledge as a Commons From Theory to Practice 1st Edition Charlotte Hess
Contents
Preface ix
I Studying the Knowledge Commons 1
1 Introduction: An Overview of the Knowledge Commons 3
Charlotte Hess and Elinor Ostrom
2 The Growth of the Commons Paradigm 27
David Bollier
3 A Framework for Analyzing the Knowledge Commons 41
Elinor Ostrom and Charlotte Hess
II Protecting the Knowledge Commons 83
4 Countering Enclosure: Reclaiming the Knowledge Commons 85
Nancy Kranich
5 Mertonianism Unbound? Imagining Free, Decentralized Access to
Most Cultural and Scientific Material 123
James Boyle
6 Preserving the Knowledge Commons 145
Donald J. Waters
III Building New Knowledge Commons 169
7 Creating an Intellectual Commons through Open Access 171
Peter Suber
8 How to Build a Commons: Is Intellectual Property Constrictive,
Facilitating, or Irrelevant? 209
Shubha Ghosh
9 Collective Action, Civic Engagement, and the Knowledge
Commons 247
Peter Levine
10 Free/Open-Source Software as a Framework for Establishing
Commons in Science 277
Charles M. Schweik
11 Scholarly Communication and Libraries Unbound: The Opportunity
of the Commons 311
Wendy Pradt Lougee
12 EconPort: Creating and Maintaining a Knowledge Commons 333
James C. Cox and J. Todd Swarthout
Glossary 349
Index 353
viii Contents
Preface
In the spring of 2004, Charlotte Hess and Elinor Ostrom hosted a
meeting titled “Workshop on Scholarly Communication as a Commons.”
The idea of this working session grew out of several parallel events,
including the discussions at the Conference on the Public Domain
organized and chaired by James Boyle at Duke University in November
2001.1
It is also an outgrowth of the many years of research, case studies,
and theoretical work on the commons undertaken at the Workshop in
Political Theory and Policy Analysis (Workshop), Indiana University.
While earlier work focused primarily on the study of natural resources
as commons, more recent interest has developed at the Workshop on
the scholarly information and digital media as commons, the erosion of
those commons through recent legislation, and the necessity of building
new institutions in order to sustain those commons. An early attempt at
struggling with these issues was our development of the Digital Library
of the Commons,2
which seeks to combine digital preservation of
high-quality information, self-publication, and multimedia storage, while
serving as the primary reference tool for interdisciplinary research on the
commons.
The two-day event, funded by The Andrew W. Mellon Foundation,
brought together leading interdisciplinary scholars to examine the
current state of research and development of scholarly communication
and the knowledge commons. Many of the participating scholars had
already been thinking and writing about one of the many “commons”
aspects of scholarly communication. The first objective of the meeting
was to produce papers that could give other scholars as well as
researchers and practitioners who create digital resources and affect
digital policy, a sense of the current status of research on scholarly com-
munication as an information commons, an idea of where it is headed,
and an awareness of critical dilemmas and policy issues. We deliberately
assembled a group of scholars who could address both theoretical and
empirical concerns—that is, who were able to ground discussion of
future research and action in a thorough synthesis of current theory and
practice.
The initial focus on scholarly communication as a commons was
chosen to more carefully focus the subject and to allow for the inte-
gration of study areas that have been traditionally segregated, such as
intellectual property rights, computer codes and infrastructure, academic
libraries, invention and creativity, open-source software, collaborative
science, citizenship and democratic processes, collective action, infor-
mation economics, and the management, dissemination, and pre-
servation of the scholarly record. Other important dilemmas within the
information commons, such as globalization, complexity, westernization
of knowledge, indigenous knowledge and rights, and the growing
problem of computer waste were kept in mind. The group also explored
the question of what models and frameworks of analysis are most
beneficial in building a new research agenda for this complex
commons.
Some of the questions posed were: Is it possible to transfer lessons
learned from the environmental movement to the knowledge-commons
ecosystem? What can research on the natural-resource commons teach
us about the dilemmas of scholarly communication? How can legal
scholars, social scientists, and librarians and information specialists best
work together to preserve the intellectual commons? Can new tech-
nologies, rules, and self-governing communities help bridge the gaps
between traditional libraries, publishers, researchers, and policymakers?
The concrete goals of the meeting were to
• Identify essential “commons” of concern within the vast terrain of
scholarly communication
• Reach consensus on definitions
• Map some key knowledge gaps
• Discuss and apply an analytical framework, if possible
• Draft a report to The Andrew W. Mellon Foundation outlining a new
research agenda for the study of information or scholarly communica-
tion as a commons
• Identify future actions to further this agenda
x Preface
The group sought to integrate perspectives that are frequently segregated
within the scholarly-communication arena, such as intellectual property
rights; information technology (including hardware, software, code and
open source, and infrastructure); traditional libraries; digital libraries;
invention and creativity; collaborative science; citizenship and demo-
cratic processes; collective action; information economics; and the
management, dissemination, and preservation of the scholarly record.
Since that time, our ideas have grown and developed. We have been for-
tunate to add a couple of new scholars in the process, and regret that a
few needed to withdraw due to previous commitments.
Our understanding of this complex commons has evolved considerably
since the initial meeting. While our focus was originally on scholarly com-
munication, we came to agree with Boyle, Lynch, and others that equat-
ing the knowledge commons with the “scholarly-communication” arena
was too limiting and, perhaps, parochial. It became more and more
apparent that any useful study of the users, designers, contributors, and
distributors of this commons could not be cordoned off to the domain of
the ivory tower. Who can any longer set the boundaries between schol-
arly and nonscholarly information? On the other hand, we found it useful
to examine some of the long-enduring knowledge commons and related
institutional rules, especially in the context of exponential technological
change.
Participants included
James Boyle, William Neal Reynolds Professor of Law and Faculty
Co-Director of the Center for the Study of the Public Domain, Duke Law
School, Durham, North Carolina
James Cox, Noah Langdale Jr. Chair in Economics; Georgia Research
Alliance Eminent Scholar; Director, Experimental Economics Center,
University of Arizona
Charlotte Hess, Director, Workshop Research Library, and Digital
Library of the Commons, Indiana University, Bloomington
Nancy Kranich, past president of the American Library Association;
former Associate Dean of Libraries at New York University
Peter Levine, Director of CIRCLE, The Center for Information and
Research on Civic Learning and Engagement; a research scholar at the
Institute for Philosophy & Public Policy at the University of Maryland;
Steering Committee Chair of the Campaign for the Civic Mission of
Schools
Preface xi
Wendy Pradt Lougee, University Librarian and McKnight Presidential
Professor, University of Minnesota, University Libraries, Minneapolis,
Minnesota
Clifford Lynch, Director of the Coalition for Networked Information
(CNI), Washington, D.C.; adjunct professor at the School of Informa-
tion Management and Systems, University of California, Berkeley
Elinor Ostrom, Arthur F. Bentley Professor of Political Science, Indiana
University; Co-Director, Workshop in Political Theory and Policy Analy-
sis; Co-Director, Center for the Study of Institutions, Population, and
Environmental Change
Charles Schweik, Assistant Professor, Department of Natural Resource
Conservation, Center for Public Policy and Administration, University
of Massachusetts, Amherst
Peter Suber, Policy Strategist for open access to scientific and scholarly
research literature; Director, Open Access Project at Public Knowledge;
Research Professor of Philosophy at Earlham College; Author of SPARC
Open Access Newsletter; Editor of Open Access News Blog
Douglas Van Houweling, President and CEO of Internet2; Professor,
School of Information, University of Michigan, Ann Arbor
Donald Waters, Program Officer for Scholarly Communications, The
Andrew W. Mellon Foundation
The sessions were expertly moderated by Margaret Polski, Senior
Research Fellow at the Institute for Development Strategies, Indiana
University (IU). Some of the attendees and active contributors to the dis-
cussions were Blaise Cronin, Rudy Professor of Information Science and
Dean of the IU School of Library and Information Science; Suzanne
Thorin, Dean of the IU Libraries; Jorge Schement, Pennsylvania State
University Distinguished Professor of Communications; Marco Janssen,
Assistant Professor of Informatics; Robert Goehlert, IU Librarian for
Economics and Political Science; Harriette Hemmasi, Associate Dean, IU
Libraries; Laura Wisen, Coordinator of Workshop Research Library and
SLIS graduate student; and Alice Robbin, IU Professor of Information
Science.
While a couple of the original participants have dropped out due to
previous commitments, as noted, we have been fortunate to add two out-
standing thinkers on the commons:
xii Preface
David Bollier, Journalist, Consultant, Senior Fellow, USC Annenberg
School for Communication, The Norman Lear Center, and Co-Founder
and board member, Public Knowledge
Shubha Ghosh, Professor, Dedman School of Law, Southern Methodist
University, Dallas
The authors of this book would like to thank the two thorough and
very helpful outside reviewers for The MIT Press.
We would also like to thank John Goodacre, Stevan Harnad, Anne
MacKinnon, Ruth Meinzen-Dick, Andrew Revelle, Audun Sandberg,
and Suzanne Thorin for their insightful comments. We are grateful to
the contributors to this book who gave us their valuable input on chapter
1. We are also extremely grateful to Patricia Lezotte for her expert
assistance with the manuscript. Finally, we wish to thank The Andrew
W. Mellon Foundation for its essential support.
Notes
1. See James Boyle, ed., The Public Domain (Durham, NC: School of Law,
Duke University, 2003) (Law and Contemporary Problems 66(1–2)); http://
www.law.duke.edu/journals/lcp/.
2. http://dlc.dlib.indiana.edu.
Preface xiii
Understanding Knowledge as a Commons From Theory to Practice 1st Edition Charlotte Hess
I
Studying the Knowledge Commons
Understanding Knowledge as a Commons From Theory to Practice 1st Edition Charlotte Hess
1
Introduction: An Overview of the
Knowledge Commons
Charlotte Hess and Elinor Ostrom
Two monks were arguing about a flag. One said, “The flag is moving.” The other
said, “The wind is moving.” The sixth patriarch, Zeno, happened to be passing
by. He told them, “Not the wind, not the flag; mind is moving.”
—Douglas R. Hofstadter, Gödel, Escher, Bach
The Purpose of This Book
This book is intended as an introduction to a new way of looking at knowl-
edge as a shared resource, a complex ecosystem that is a commons—a
resource shared by a group of people that is subject to social dilemmas.
The traditional study of knowledge is subdivided into epistemic areas of
interests. Law professors argue the legal aspects of knowledge in regard to
intellectual property rights. Economists consider efficiency and transac-
tion costs of information. Philosophers grapple with epistemology. Librar-
ians and information scientists deal with the collection, classification,
organization, and enduring access of published information. Sociologists
examine behaviors of virtual communities. Physical scientists study
natural laws. Every discipline, of course, has a claim on knowledge; this is
the common output of all academic endeavors. The focus here is to explore
the puzzles and issues that all forms of knowledge share, particularly in
the digital age. The intention is to illustrate the analytical benefits of apply-
ing a multitiered approach that burrows deeply into the knowledge-
commons ecosystem, drawing from several different disciplines.
Brief History of the Study of the Knowledge Commons
The exploration of information and knowledge as commons is still in its
early infancy. Nevertheless, the connection between “information” in its
various forms and “commons” in its various forms has caught the atten-
tion of a wide range of scholars, artists, and activists. The “information-
commons” movement emerged with striking suddenness. Before 1995,
few thinkers saw the connection. It was around that time that we began
to see a new usage of the concept of the “commons.” There appears to
have been a spontaneous explosion of “ah ha” moments when multiple
users on the Internet one day sat up, probably in frustration, and said,
“Hey! This is a shared resource!” People started to notice behaviors and
conditions on the web—congestion, free riding, conflict, overuse, and
“pollution”—that had long been identified with other types of commons.
They began to notice that this new conduit of distributing information
was neither a private nor strictly a public resource.
An increasing number of scholars found that the concept of the
“commons”1
helped them to conceptualize new dilemmas they were
observing with the rise of distributed, digital information. In the mid-
1990s, articles suddenly started appearing in various disciplines address-
ing some aspect of this new knowledge commons. Some information
scientists made inroads in new areas of virtual communities and
commons (Rheingold 1993; Brin 1995; Hess 1995; Kollock and Smith
1996). Others explored commons dilemmas on the web, such as con-
gestion and free riding (Huberman and Lukose 1997; Gupta et al. 1997).
The largest wave of “new-commons” exploration appeared in the legal
reviews. Commons became a buzzword for digital information, which
was being enclosed, commodified, and overpatented.2
Whether labeled
the “digital,” “electronic,” “information,” “virtual,” “communication,”
“intellectual,” “Internet,” or “technological” commons, all these con-
cepts address the new shared territory of global distributed information.
Study of Traditional Commons
For us, the analysis of knowledge as a commons has its roots in the
broad, interdisciplinary study of shared natural resources, such as water
resources, forests, fisheries, and wildlife. Commons is a general term that
refers to a resource shared by a group of people. In a commons, the
resource can be small and serve a tiny group (the family refrigerator), it
can be community-level (sidewalks, playgrounds, libraries, and so on),
or it can extend to international and global levels (deep seas, the atmos-
phere, the Internet, and scientific knowledge). The commons can be well
bounded (a community park or library); transboundary (the Danube
4 Charlotte Hess and Elinor Ostrom
River, migrating wildlife, the Internet); or without clear boundaries
(knowledge, the ozone layer).
Commons analysts have often found it necessary to differentiate
between a commons as a resource or resource system and a commons as
a property-rights regime. Shared resource systems—called common-pool
resources—are types of economic goods, independent of particular prop-
erty rights. Common property on the other hand is a legal regime—a
jointly owned legal set of rights (Bromley 1986; Ciriacy-Wantrup and
Bishop 1975). Throughout this book, the more general term commons
is preferred in order to describe the complexity and variability of knowl-
edge and information as resources. Knowledge commons can consist of
multiple types of goods and regimes and still have many characteristics
of a commons.
Potential problems in the use, governance, and sustainability of a
commons can be caused by some characteristic human behaviors that
lead to social dilemmas such as competition for use, free riding, and over-
harvesting. Typical threats to knowledge commons are commodification
or enclosure, pollution and degradation, and nonsustainability.
These issues may not necessarily carry over from the physical envi-
ronment to the realm of the knowledge commons. There is a continual
challenge to identify the similarities between knowledge commons and
traditional commons, such as forests or fisheries, all the while exploring
the ways knowledge as a resource is fundamentally different from
natural-resource commons.
With “subtractive” resources such as fisheries, for instance, one
person’s use reduces the benefits available to another. High sub-
tractability is usually a key characteristic of common-pool resources.
Most types of knowledge have, on the other hand, traditionally been
relatively nonsubtractive. In fact, the more people who share useful
knowledge, the greater the common good. Consideration of knowledge
as a commons, therefore, suggests that the unifying thread in all
commons resources is that they are jointly used, managed by groups of
varying sizes and interests.
Self-organized commons require strong collective-action and self-
governing mechanisms, as well as a high degree of social capital on the
part of the stakeholders. Collective action arises “when the efforts of two
or more individuals are needed to accomplish an outcome” (Sandler
1992, 1). Another important aspect of collective action is that it is vol-
untary on the part of each individual (Meinzen-Dick, Di Gregorio, and
Introduction 5
Discovering Diverse Content Through
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part of Kent approaching the metropolis from the heights of
Norwood, and the prospect is the same. Many of the extensive
commons hereabout, as Bookham and Streatham commons, are
scattered with fine oaks, some of them very ancient, and diversified
with thickets and green glades, and rather resemble old forests and
parks, than commons as seen elsewhere. Then again, the sandy
heaths of Surrey are covered in many places with miles of Scotch
firs. There certainly is no want of wood in these parts. In the sandy
wastes of Old Sherwood Forest in Nottinghamshire, many thousand
acres, principally of larch, have been planted on the estates of the
Dukes of Portland and Newcastle, Lord Scarborough, Earl Manvers,
Colonels Need, Wildman, and other proprietors. Even the cold hills of
the Peak of Derbyshire have been planted in some parts extensively;
and lands in those districts which were literally unproductive, are
now a source of considerable income from the thinning of the
woods. In Scotland the same change is very visible. All along the
borders the good lands are beautifully cultivated, the bad extensively
planted. From the dreary flats about Gretna Green to the borders of
Northumberland and Berwickshire, this is the case. Passing into
Scotland by the Cheviots, we saw extensive woods on the border
lands of the Duke of Northumberland, Earl Tankerville, Mr.
Collingwood, Mr. St. Paul, etc. The cold and wild tract between Kelso
and Edinburgh presents cheering appearances of the extension of
the planting spirit. In the counties of Argyle, Ross, and Inverness,
which Monteith of Stirling, in his Forester’s Guide, particularly points
out as wanting wood, we were struck with the great extent of
planting already done. Every summer tourist up the Clyde sees how
much the woods round Roseneath have sheltered and beautified it—
and the woods around Inverary Castle are, to a great extent, very
splendid—while all the way thence to Oban you pass through
mountain glens and over moorlands enriched with woods. The Duke
of Athol, about Athol and Dunkeld, has planted upwards of 15,000
acres. The Duke of Montrose has been a great planter. Sir Walter
Scott was a diligent planter, as the young woods round Abbotsford
testify; and there are no moments of his life in which we can
imagine him happier than when mounted on his pony he progressed
through his plantations at his leisure, with his pruning-knife in his
hand. But what he did on his own estate is trivial to what he did by
his writings. He may be said to have planted more trees by his pen
than any man alive has with his spade. He himself tells us that the
simple words put into the mouth of the Laird of Dumbiedikes, and
placed as a motto at the head of this chapter, induced a certain Earl
to plant a large tract of country.
In the neighbourhood of Dingwall, Beuley, Beaufort,—from
Inverness to Culloden,—in short, in almost every part of the
Highlands,—you find extensive young woods of larch and pine. Many
of these, it must be confessed, have apparently been made with
more regard to profit than beauty. In many of the sweet straths, and
along the feet of the mountains, the long monotonous reaches of
larch—an unbroken, unvaried succession of pointed pyramids—
present but an indifferent contrast to the free slopes of beauty which
the native growth of the birches exhibits; dotting glens and
embosoming lochs with a fairyland loveliness. As they become large,
and are thinned properly, or rather, where they are planted thinly, on
the plan of the Duke of Athol, this defect may be remedied. Scotch
firs, when large, assume a wild forest majesty; and larches in
mountainous situations, of an ancient growth, have an Alpine sweep
of boughs that is extremely picturesque and graceful; but young
crowded firs of any kind are too formal for beauty.
Mr. Wordsworth, in his Guide to the Lakes of Westmoreland and
Cumberland, complains grievously of the injury done to the scenery
there, by the injudicious planting of larch. “Larch and fir plantations
have been spread, not merely with a view to profit, but in many
instances for the sake of ornament. To those who plant for profit,
and are thrusting every other tree out of the way, to make room for
their favourite, the larch, I would utter first a regret, that they
should have selected these lovely vales for their vegetable
manufactory, when there is so much barren and irreclaimable land in
the neighbouring moors, and in other parts of the island, which
might have been had for this purpose at a far cheaper rate.—It must
be acknowledged that the larch, till it has outgrown the size of a
shrub, shews, when looked at singly, some elegance of form and
appearance, especially in spring, decorated, as it then is, by the pink
tassels of its blossoms; but, as a tree, it is less than any other
pleasing. Its branches—for boughs it has none—have no variety in
the youth of the tree, and little dignity even when it attains its full
growth; leaves it cannot be said to have, consequently affords
neither shade nor shelter. In spring, the larch becomes green long
before the native trees, and its green is so peculiar and vivid, that,
finding nothing to harmonize with it, wherever it comes forth a
disagreeable speck is produced. In summer, when all other trees are
in their pride, it is of a dingy, lifeless hue; in autumn, of a spiritless
unvaried yellow; and in winter, it is still more lamentably
distinguished from any other deciduous tree of the forest, for they
seem only to sleep, but the larch seems absolutely dead. If an
attempt be made to mingle thickets, or a certain proportion of other
forest trees, with the larch, its horizontal branches intolerantly cut
them down, as with a scythe, or force them to spindle up to keep
pace with it. The terminating spike renders it impossible that the
several trees, where planted in numbers, should ever blend together
so as to form a mass, or masses of wood. Add thousands to tens of
thousands, and the appearance is still the same—a collection of
separate individual trees, obstinately presenting themselves as such;
and which, from whatever point they are looked at, if but seen, may
be counted upon the fingers. Sunshine, or shadow, has little power
to adorn the surface of such a wood; and the trees not carrying up
their heads, the wind raises amongst them no majestic undulations.”
There is much truth in these remarks, and they cannot be too
much borne in mind by all planters where picturesque beauty is an
object. On dreary moors, where the larch is planted merely for
profit, and where the tout-ensemble cannot readily be attained,
woods of it often present a great degree of pleasantness by
contrast. They give you green glades and narrow footpaths, between
heath and fern, their slender boughs hanging above you, especially
in the freshness of their foliage, very agreeably. As a matter of
profit, and for the value of its timber, few species of wood can
compete with it. The following extract from the Transactions of the
Highland Society, gives a very striking view of its importance. “Larch
will supply ship-timber at a great height above the region of the oak;
and while a seventy-four gun ship will require the oak timber of
seventy-five acres, it will not require more than the timber of ten
acres of larch; the trees, in both cases being sixty-eight years old.
The larch, at Dunkeld, grows at the height of 1300 feet above the
level of the sea; the spruce at 1200; the Scotch pine at 700; and
deciduous trees at not higher than 500. The larch, in comparison
with the Scotch pine, is found to produce three and three-quarter
times more timber, and that timber of seven times more value. The
larch also, being a deciduous tree, instead of injuring the pasture
under it, improves it. The late Duke of Athol, John the Second,
planted in the last year of his life, 6500 Scotch acres of mountain
ground solely with the larch, which in the course of seventy-two
years from the time of planting will be a forest of timber fit for the
building of the largest class of ships in her majesty’s navy. It will
have been thinned out to about 400 trees per acre. Each tree will
contain at the least fifty cubic feet, or one load of timber, which, at
the low price of one shilling the cubic foot, only one half of its
present value, will give 1000l. per acre, or in all, a sum of
6,500,000l. sterling. Besides this there will have been a return of 7l.
per acre from the thinnings, after deducting all expense of thinning,
and the original outlay of planting. Further still, the land on which
the larch is planted, is not worth above ninepence or one shilling per
acre. After the thinnings of the last thirty years, the larch will make it
worth at least ten shillings per acre by the improvement of the
pasturage, on which cattle can be kept summer and winter.”
That is pretty well. This calculation is made upon land stated at
1s. per acre, planted with larch; but Monteith, an experienced timber
planter and valuer, gives us for oak planted on land of 1l. per acre
yearly rent, the following statement.
“If the proprietor, for instance, plants 100 acres of ground, the
trees being placed four feet distant from each other, each acre will
contain 3422 plants. If it be planted with hard woods, chiefly oaks,
and a few firs to nurse them up, supposing it is a plantation purely
for profit,
the expense of plants and planting, per
acre, will be 6l. £ 600 0 0
Rent of land for ten years, at 1l. per acre, per
annum 1000 0 0
Interest on rent 225 0 0
Expenses of thinning, pruning, and training up
for 10 years, at 1l. per acre per annum 1000 0 0
Total expenditure £ 2825 0 0
Deduct produce of 1000 trees thinned from
each acre, during the first 10 years, at 2l.
per acre £ 200 0 0
Deduct value of 2422 trees left on the ground
after the first 10 years, at 7l. 10s. per acre 750 0 0 950 0 0
Total outlay at the end of 10 years £ 1875 0 0
To which add expense of thinning and pruning
for the next 10 years, at 2l. per acre £ 200 0 0
Rent of the land for the same period at 1l. per
acre per annum 1000 0 0
Interest on the rent for the same period 275 0 0
Interest on 1875l. for 10 years 937 0 0 2412 0 0
Total outlay for 20 years £ 4287 0 0
Deduct produce of 1000 trees thinned out
during the last 10 years, from each acre, at
6d. each, or 25l. per acre £ 2500 0 0
Deduct for 1422 trees which fall to be
enhanced in value during the last 10 years,
and will come to at least 35l. 11s. per acre 3555 0 0 6055 0 0
£ 1768 0 0
Deduct from this the value of these 1000 trees
as they were first estimated at the end of
the first 10 years, at 3l. 2s. per acre 310 0 0
Thus leaving a balance in favour, of £ 1458 0 0 ”
Hitherto the amount of gain is comparatively small, but this
calculation continued according to the growth of the trees for ten
years more, will leave the balance no less than 23,667l. And to the
end of forty years from first planting, the round sum of 41,000l.
“These calculations,” says Monteith, “may, to those who have paid
no attention to the subject, excite wonder if not doubt, but in
making them the author has been careful to lessen rather than
exaggerate the profits: and if the plantation shall have been carried
to the age of sixty or seventy years, and properly thinned, etc., the
value will be double what it was at forty years.” Thus, if 100 acres in
seventy years will yield 80,000l. planted with oak, 6000 acres will
yield about 5,000,000l.; while 6000 acres of the larch plantations of
Athol in the same period are calculated to yield about 6,000,000l.
There is sufficient agreement to lead us to suppose the calculations
probably accurate, and what a splendid inducement to judicious
planting do these calculations present!
The following facts, given in the “Encyclopædia Britannica,” (vol. i.,
art. Agriculture), are also particularly interesting to the planter. Mr.
Pavier, in the fourth volume of the Bath Papers, computes the value
of fifty acres of oak timber in 100 years to be 12,100l., which is
nearly 2l. 10s. annually per acre; and if we consider that this is
continually accumulating, without any of that expense or risk to
which annual crops are subject, it is probable that timber-planting
may be accounted one of the most profitable departments of
husbandry. Evelyn calculates the profit of 1000 acres of oak land in
150 years at no less than 670,000l.
The following table shews the increase of trees from their first
planting. It was taken from the Marquis of Lansdowne’s plantation,
begun in the year 1765, and the calculation made in 1786. It is
about six acres in extent, the soil partly a swampy meadow upon a
gravelly bottom. The measures were taken at five feet above the
surface of the ground; the small trees having been occasionally
drawn for posts and rails, as well as rafters for cottages, and when
peeled of the bark will stand well for seven years.
Circumference in
Feet in height. Feet. Inches.
Lombardy Poplar 60 to 80 4 8
Abeel 50-70 4 6
Plane 50-60 3 6
Acacia 50-60 2 4
Elm 40-60 3 6
Chestnut 30-50 2 9
Weymouth Pine 30-50 2 5
Chester ditto 30-50 2 5
Scotch Fir 30-50 2 10
Spruce 30-50 2 2
Larch 50-60 3 10
From this table it appears that the planting of timber trees, when
the return can be waited for twenty years, will undoubtedly repay
the original cost of planting as well as the interest of the money laid
out, which is better worth the attention of the proprietor of land, as
the ground on which they grow may be supposed good for cattle
also.
In Argyleshire, there are probably 40,000 acres of natural coppice
wood which are cut periodically; commonly every nineteen or twenty
years, and are understood to return about 1l. an acre annually. Very
extensive plantations have been formed by the Duke of Argyle, and
other proprietors. About thirty years ago those of his Grace were
reckoned to contain 2,000,000 trees, worth then 4s. each amounting
to the enormous sum of 400,000l.
I knew a certain old military officer who during his early years was
a captain in a militia regiment. His brother officers were a gay set of
fellows, and were continually drawing on their private incomes, and
often coming to him to borrow money; but he made it a rule never
to spend more than his own pay, and as to money, he never had any
to lend. He went down to his estate every spring and autumn, and
planted as many acres of trees as his rental would allow him. His
planting gave him a perpetual plea of poverty. At a certain age he
retired on his half-pay. A large family was growing around him, but
his woods were growing too. Many a time have I seen him, mounted
on an old brood mare, with a sort of capacious game-bag across her
loins, with his gun slung at his shoulder, his saws and pruning-knives
strapped behind his saddle, going away into his woods: and keeping
the calculations of Monteith, and of the larch plantations of Athol, in
mind, I can now imagine the profound satisfaction which the old
gentleman, through a long course of years, must have felt in the
depths of his forest solitudes. He is still living, at an advanced age.
His family is large, and has been expensive; but his woods were
large too, and no doubt their thinnings have proved very grateful
thinnings of his family charges.
CHAPTER VII.
GARDENS.
We must now wind up, in a few words, what we have to say of the
country life of the gentry, and these words must be on their gardens.
In these, as in all those other sources of enjoyment that surround
them, perfection seems to be reached. They live in the midst of
scenes which, while they appear nature itself, are the result of art
consummated only by ages of labour, research, science, travel, and
the most remarkable discoveries. Nothing can be more delicious than
the rural paradises which now surround our country houses. Walks,
waters, lawns of velvet softness, trees casting broad shadows, or
whispering in the stirrings of the breeze; seclusion and yet airiness;
flowers from all regions, besides all the luxuries which the kitchen-
garden, the orchard, conservatories, hothouses, and sunny walls
pour upon our tables, are so blended and diffused around our
dwellings, that nothing on earth can be more delectable. It is
impossible, without looking back through many ages of English life,
to form any idea of the real advantages which we enjoy of this kind,
—of the immense stride we have made from the bare and rigid life
of our ancestors. How many of the fruits or flowers, or culinary
vegetables, which we possess in such excellence and perfection, did
this country originally produce? Few, indeed, of our indigenous
flowers are retained in our gardens, few of our vegetables besides
the cabbage and the carrot; and what were the ancient British fruits
besides the crab and the bullace? But we have only to look back to
the feudal times to see the wide difference between our gardens and
those then existing; for all that could be enjoyed of a garden must
be compressed within the narrow boundary of the castle moat.
Every thing without was subject to continual ravage and destruction;
and though orchards were planted without, and suffered to take
their chance, the ladies’ little parterre occupied some sheltered nook
of the court, or space between grim towers:
Now was there maide fast by the touris wall,
A garden faire, and in the corneris set
An herbere grew; with wandis long and small,
Railit about, and so with treeis set
Was all the place, and hawthorn hedges knet,
That lyfe was now, walkyng there for bye,
That myght within scarce any wight espye.
The Quair, by James I. of Scotland.
And the plot of culinary herbs occupied some sheltered spot within
the moat; which when it is recollected how many other requisites of
existence and defence were also compressed into the same space—
soldiers, arms, and machines of war; sleeping and eating rooms;
room for the stabling and fodder of horses, and often of cattle;
space for daily exercise, martial or recreative; bowls, tilting or tennis,
—when cooped up by their enemies, or made cautious by critical
times, small indeed must have been the space or the leisure for
gardens. Even in 1540, Leland in his Itinerary, tells us that our
nobility still dwelt in castles, and there retained the usual defences
of moats, and drawbridges. This was especially the case, the nearer
they approached to the Scotch or Welsh borders; though in the
vicinity of London villas and palaces had long sprung up. At Wressel
Castle, near Howden, in Yorkshire, he says, “The gardens within the
mote, and the orchardes without, were exceeding fair. And yn the
orchardes were mounts, opere topiario, writhen about with degrees
like the turnings in cokil shelles, to come to the top without payn.”
The career, indeed, by which our gardens have reached their present
condition, has been, as I have said, the career of many ages,
revolutions, and stupendous events. It is not only curious, but most
interesting to trace all those circumstances which have contributed
to raise horticulture to its present eminence,—the great national
events, the extension of discovery, of the arts, of general
knowledge; the deep ponderings in cells and fields; the
achievements of genius, of enterprise; the combinations of science,
and the variations of taste which have brought it to what it is. The
history of our gardening is, in fact, the history of Europe. The
monks, whose religious character gave them an extraordinary
security, as they were the first restorers of agriculture, so they were
the first extenders and improvers of our gardens. Their long
pilgrimages from one holy shrine to another, through France,
Germany, and Italy, made them early acquainted with a variety of
culinary and medicinal herbs, and with various fruits; and amongst
the ruins of abbeys we still find a tribe of plants that they thus
naturalized. The crusades gave the next extension to horticultural
knowledge; the growing commerce and wealth of Europe fostered it
still farther; and the successive magnificent discoveries of the Indies,
America, the isles of the Pacific and Australia, with all their new and
splendid and invaluable productions, raised the desire for such things
to the highest pitch; and made our gardens and greenhouses
affluent beyond all imagination. What hosts of new and curious
plants do they still send us every season! From every corner of the
earth are they daily reaching us: the average value of the plants in
Loddige’s gardens is calculated at 200,000l. But what a blank would
they now be but for the mighty spirit of commerce, the thirst of
discovery, and of traversing distant regions, which animate such
numbers of our countrymen, and send them out to extend our
geography, geology, and natural history, or to prosecute
astronomical and philosophical science under every portion of the
heavens? And besides these causes, how much is yet to be
accounted for by the tastes of peculiar ages—out of the peculiar
studies of the times, and the singular genius of particular men
thence arising. The influence of poets and imaginative writers upon
the character of our gardens has been extreme. Whether an age
were poetical or mathematical, made a mighty difference in the
garden-style of the time. C. Matius, the favourite of Augustus Cæsar,
introduced the fashion at Rome of clipping trees into shapes of
animals and other grotesque forms; Pliny admired the invention, and
celebrated it under the name of topiary-work; and so strongly did it
take hold on the spirits of men, that it descended to all the nations
of Europe, and was not exploded by us till the last century. Sir Henry
Wotton, the tasteful and poetical courtier of Queen Elizabeth, and
ambassador of James to Venice, with notions of the fitness of a
garden far beyond his age, yet thought it “a graceful and natural
conceit” in Michael Angelo to make a fountain-figure in the shape of
“a sturdy washerwoman, washing and winding of linen clothes, in
which act she wrings out the water which made the fountain.” And
again Addison, followed by Pope and Walpole, overturned this
ancient fondness for pleached walks, and tonsured trees, and quaint
fountain-figures, whether of Neptunes, Niles, or washerwomen.
Then the great change of the social system, from the feudal and
military to civil and domestic, produced a correspondent change in
the culture of gardens. While the country was rent to pieces by
contentions for the crown, there could be little leisure or taste for
gardens; but when men became peaceful, and collected their
habitations into clusters, they naturally began to embellish both
them and their environs.
From the reign of Edward III. to that of Henry VIII. we look over a
large space, and find but slight improvement in horticulture, and
scanty traces of its literature. A bushel of onions in Richard II.’s reign
cost twelve shillings of our present money: Henry VII. records
himself, in a MS. preserved in the Remembrance Office, that apples
were in his day one and two shillings each, a red one fetching the
highest price; and Henry VIII.’s queen, Catherine, when she wanted
a salad, sent to Flanders for it. The very first book which was written
on the culture of the soil in this country, appears to be Walter de
Henly’s—“De Yconomia sive Housbandria,” Then came Nicholas
Bollar’s books, “De Arborum Plantatione,” and “De Generatione
Arborum et Modo Generandi et Plantandi,” and some other MS.
writings. Richard II. rewarded botanical skill in the person of John
Bray with a pension. Henry Calcoensis in the fifteenth century
composed a Synopsis Herbaria, and translated Palladius de Re
Rustica into Gaelic. In the sixteenth century William Horman, Vice-
Provost of Eton, wrote Herbarum Synonyma and Indexes to Cato,
Varro, Columella, and Palladius; and in the same century Wynkin de
Worde printed “Mayster Groshede’s Boke of Husbandry,” which
contained instructions for planting and grafting of trees and vines.
Arnold’s Chronicle in 1521, had a chapter on the same subject, and
how to raise a salad in an hour; and Pynson published the “Boke of
Surveying and Improvements.” Then came Dr. Bulleyn, Dodoneus,
Sir Anthony Fitzherbert, and Tusser; and that is the history of
gardens and their literature till the time of Henry VIII.; but thence to
the eighteenth century,—to the days of Bridgman and Kent, what
multitudes of grand, quaint, and artificial gardens were spread over
the country. Nonsuch, Theobalds, Greenwich, Hampton-Court,
Hatfield, Moor-Park, Chatsworth, Beaconsfield, Cashiobury, Ham, and
many another, stood in all that stately formality which Henry and
Elizabeth admired, and in which our Surreys, Leicesters, Essexes;
the splendid nobles of the Tudor dynasty, the gay ladies and gallants
of Charles II.’s court, had walked and talked, fluttered in glittering
processions, or flirted in green alleys and bowers of topiary-work;
and amid figures, in lead or stone, fountains, cascades, copper trees
dropping sudden showers on the astonished passers under, stately
terraces with gilded balustrades, and curious quincunx, obelisks, and
pyramids—fitting objects of the admiration of those who walked in
high-heeled shoes, ruffs and fardingales, with fan in hand, or in
trunk-hose and laced doublets.
“The palace of Nonsuch,” said Hentzner in 1598, “is encompassed
with parks full of deer, delicious gardens, groves ornamented with
trellis-work, cabinets of verdure (summer-houses, or seats cut in
yew), and walls so embowered with trees, that it seems to be a
place pitched upon by pleasure herself to dwell in along with health.
In the pleasure and artificial gardens are many columns and
pyramids of marble; two fountains that spout water, one round, the
other like a pyramid, upon which are perched small birds that stream
water out of their bills. In the grove of Diana is a very agreeable
fountain, with Actæon turned into a stag, as he was sprinkled by the
goddess and the nymphs, with inscriptions. Here is, besides, another
pyramid of marble full of concealed pipes, which spurt upon all who
come within their reach.” In the gardens of Lord Burleigh, at
Theobalds, he tells us are nine knots, artificially and exquisitely
made, one of which was set for the likeness of the king’s arms. One
might walk two miles in the walks before he came to the end.
In Hampton-Court, was a fountain with syrens and other statues
by Fanelli. At Kensington were bastions and counterscarps of clipped
yew and variegated holly, being the objects of wonder and
admiration under the name of the siege of Troy. At Chatsworth the
temporary cascade, the water-god, the copper-tree, and the jets-
d’eau, still remain in all their glory.
The hands of Bridgman, Kent and Brown, and the pens of
Addison, Pope, and Walpole, have put all this ancient glory of Roman
style to the flight; and driven us, perhaps, into danger of going too
far after nature. The winding walks, the turfy lawns, the bowery
shrubberies, the green slopes to the margin of waters, the retention
of rocks and thickets where they naturally stood,—all this is very
beautiful, and many a sweet elysian scene do they spread around
our English houses. But in imitating nature we are apt to imitate her
as she appears in her rudest places, and not as she would modify
herself in the vicinity of human habitations. We are apt to make too
little difference between the garden and the field; between the
shrubbery and the wood. We are come to think that all which differs
from wild nature is artificial, and therefore absurd. Something too
much of this, I think, we are beginning to feel we have had amongst
us. It has been the fashion to cry down all gardens as ugly and
tasteless, which are not shaped by our modern notions. The
formalities of the French and Dutch have been sufficiently
condemned. For my part, I like even them in their place. One would
no more think of laying out grounds now in this manner, than of
wearing Elizabethan ruffs, or bag-wigs and basket-hilted swords; yet
the old French and Dutch gardens, as the appendages of a quaint
old house, are in my opinion, beautiful. They are like many other
things—not so much beautiful in themselves, as beautiful by
association—as memorials of certain characters and ages. A garden,
after all, is an artificial thing; and though formed from the materials
of nature, may be allowed to mould them into something very
different from nature. There is a wild beauty of nature, and there is
a beauty in nature linked to art: one looks for a very different kind of
beauty in fields and mountains, to what one does in a garden. The
one delights you by a certain rude freedom and untamed
magnificence; the other, by smoothness and elegance—by velvet
lawns, bowery arbours, winding paths, fair branching shrubs,
fountains, and juxta-position of many rare flowers.
It appears to me that it is an inestimable advantage as it regards
our gardens, that the former taste of the nation has differed so
much from its present one. Without this, what a loss of variety we
should have suffered! If the taste of the present generation had
been that of all past ages, what could there have been in the
gardens of our past kings, nobles, and historical characters to mark
them as strongly and emphatically as they are now marked? They
now, indeed, seem to belong to men and things gone by; and I
would as soon almost see one of our venerable cathedrals rased with
the ground, as one of those old gardens rooted up. There is
something in them of a sombre and becoming melancholy. They are
in keeping with the houses they surround, and the portraits in the
galleries of those houses. When we wander through the pleached
alleys, and by the time-stained fountains of these old gardens,
perished years indeed seem to come back again to us. In the centre
of some vast avenue of majestic elms or limes, sweeping their
boughs to the ground, “the dial-stone aged and green” arrests our
attention, and points not to the present hour, but to the past. Our
historic memories are intimately connected with such places. Our
Howards, Essexes, Surreys, and Wolseys, were the magnificent
founders and creators of such places; and in such, Shakspeare and
Spenser, Milton and Bacon, and Sidney mused. It is astonishing what
numbers of our poets, philosophers, and literati, are connected with
the history of our gardens by their writings, or love of them. Sir
Henry Wotton, Parkinson, Ray, John Evelyn, Sir Walter Raleigh,
Bacon, Addison, Pope, Sir William Temple, who not only wrote “the
Garden of Epicurus,” but so delighted in gardening that he directed
in his will that his heart should be buried beneath the sun-dial in his
garden at Moor-Park in Surrey, where it accordingly was deposited in
a silver box: Horace Walpole, Locke, Cowley, Shenstone, Charles
Cotton, Waller, Bishop Fleetwood, Spence, the author of Polymetis,
Gilpin of the Forest Scenery, Mason, Dr. Darwin, Cowper, and many
others, have their fame linked to the history or the love of gardens.
There is something very interesting too, in the biography of our
old patriarchs of English gardening. There is scarcely one of those
large nurseries and gardens round London but is connected with
them, as their founders, or improvers—as the Tradescants of
Lambeth,—London and Wise of Brompton,—Philip Miller of Chelsea,
—Gray of Fulham,—Furber of Kensington,—Lee of Hammersmith. It
is cheering to observe how much our monarchs, from Henry VIII. to
George III. were, with their principal nobility, almost to a man,
whatever was their character in other respects, not even excepting
the dissipated Charles II., munificent patrons of gardening, and
founders of grand gardens. It is interesting to read of the giant
labours, and now apparently curious locations of our early gardeners
and herbalists. How Dr. Turner imbibed botanical knowledge from
Lucas Ghinus at Bologna, and came and established a “garden of
rare plants” at Kew; while Mrs. Gape had another at Westminster,
which furnished the first specimens for Chelsea garden. How Ray,
and Lobel, and Penny, roamed everywhere in search of new plants.
How Didymus Mountain published his “Gardener’s Labyrinth:” how
Sir Hugh Platt, of Lincoln’s-Inn, gentleman, wrote the Jewel House of
Art and Nature, the Paradise of Kew, and the Garden of Eden, and
had, moreover, a garden in St. Martin’s Lane. How the “Rei Rusticæ”
of Conrad Heresbach, counsellor to the Duke of Cleve, was
translated by Barnaby Googe, and reprinted by Gervase Markham,
gentleman, of Gotham in Nottinghamshire. How old John Gerarde
travelled, when young, up the Baltic, and had his “Physick Garden”
in Holborn. How John Parkinson travelled forty years before he wrote
his “Paradisus,” and was appointed by Charles I. for his Theatre of
Plants, Botanicus Regius Primarius. How Gabriel Plattes, though
styled by his cotemporaries, “an excellent genius,” and “of an
adventurous caste of mind,” died miserably in the streets. How
Walter Blythe of Oliver Cromwell’s army wrote the “Survey of
Husbandry,” which Professor Martyn pronounces “an incomparable
work.” How Samuel Hartlib, the son of a Polish merchant, the friend
of Milton, of Archbishop Usher and Joseph Meade, wrote his
“Legacy,” and assisted in establishing the embryo Royal Society; how
John Tradescant was in Russia, and accompanied the fleet sent
against the Algerines in 1620, and collected on that occasion plants
in Barbary, and in the isles of the Mediterranean; and how his son
John, afterwards made a voyage in pursuit of plants to Virginia, “and
brought many new ones back with him.” How their Museum,
established in South Lambeth, and called “Tradescant’s Ark,” was the
constant resort of the great and learned; how it fell into the hands of
Elias Ashmole, and became the Ashmolean Museum.
These, and such facts, shew us by what labours and steps our
present garden-wealth has been raised; and diffuse an interest over
a number of places familiar to us. Go, indeed, into what part of the
island we will, we find some object of attraction and curiosity in the
gardens attached to our old houses. As the coach passes the
residence of Colonel Howard, at Leven’s Bridge in Westmoreland, it
stops, the passengers get out, and mount upon its top, and there
behold a fine old Elizabethan house, standing in the midst of a
garden of that age, with all its topiary-work, its fountains, statues,
and lawns. At Stonyhurst in Lancashire, now a Jesuit’s College, I was
delighted to find a beautiful old garden of this description, which I
have elsewhere described; and at Margam Abbey in South Wales, I
found a fine assemblage of orange trees, the very trees which Sir
Henry Wotton sent from Italy as a present to James I. These trees
had been thrown ashore here by the wreck of the vessel, and the
owner of the place, by the king’s permission, built a splendid
orangery to receive them, which stood in the centre of a garden
surrounded on three sides by woody hills; and in which fuchsias, at
least ten feet high, with stems thick as a man’s arm, were growing in
the open air, and tulip-trees large as the forest trees around. But
what gave a still greater charm to this garden was, that the ruins of
a fine old abbey stood here and there on its lawn; arches,
overgrown with bushes, and the graceful pillars of a noble chapter-
house, around whose feet lay stones of ancient tombs and curious
sculpture. These are the things which give so delicious a variety to
our English gardens: and when we bear in mind that many of those
artifices and figures which we have been accustomed to treat with
contempt as Dutch, are in reality Roman; that such things once
stood in the magnificent gardens of Lucullus and Sallust; that the
Romans gathered them again from the Eastern nations; that they
are not only classical, but that, like many of the rites of our church
and religious festivals, they are the reliques of the most ancient
times, I think we shall be inclined to regard them with a greater
degree of interest—not as objects to imitate or to place in any
competition with our own more natural style, but as things which are
of the most remote antiquity, and give a curious diversity to our
country abodes. For my part, when I see even a fantastic peacock
spreading its tail in yew in some old cottage or farm-house garden I
think of Pliny and his admiration of such topiary-work, and would not
have it cut down for the world. Even those summer-houses built in
trees, such as that built by the King of Belgium, in Winter-Down
wood, near Claremont; a sketch of which is presented in the title-
page—were Roman fancies; were formed, Pliny tells us, amid the
branches of any monarch trees that grew within their grounds, and
that even Caligula had one in a plane-tree, near his villa at Velitræ,
which he called his Nest.
Here then to all the sweet nests of English gardens, new or old,
we bid adieu, with blessings on their pleasantness.
CHAPTER VIII.
COUNTRY EXCITEMENTS.
Before closing this department of my work, I must just glance at a
few occurrences which serve to give an occasional variety to rural
life, and may be classed under the head of Country Excitements.
These are races, race-balls, county-balls, concerts, musical festivals,
elections, assizes, and confirmations. It will not be requisite to do
more than merely mention the greater part of these, for, to describe
at length the race-ball and county-balls, the winter concerts of the
county town and the musical festivals, would require a separate
volume, and they indeed, after all, belong more to the town than to
the country. Having, therefore, simply pointed them out as sources
of occasional variety to wealthy families during their stay in the
country, I shall confine myself in these concluding remarks, to those
few particulars which belong more entirely to my subject. Balls and
musical exhibitions are sufficiently alike everywhere, to need no
distinct details here. It is enough that they serve to break the rural
torpor of those who regard existence as only genuine during the
London season. The application of the profits both of these balls,
and of the musical festivals that have of late years been held in
different places, to the support of infirmaries, and to other public
objects of benevolence, deserves the highest commendation. Thus
dismissing these amusements, neither I nor my readers, I am sure,
would wish to have the uproar and exasperation of the county
election introduced into this peaceful volume; enough that when it
does come to the country Hall, it comes, often as a hurricane, and
frequently shakes it to the foundation, leaving in its track debts and
mortgages, shyness between neighbours, and rancour amongst old
friends.
It would not be giving a faithful view of country life, however,
were we to keep out of sight all agitating causes, and all existing
drawbacks to the felicity for which such ample materials exist in it.
Surveying those splendid materials, as displayed in the preceding
chapters,—those abundant means and opportunities, which the
wealthy possess for enjoying their lives in the country;—it would be
giving a most one-sided view of the rural life of the rich, if we left it
to be inferred that “the trail of the serpent” was not to be perceived
at times on the fair lawns, and up the marble steps of rural palaces;
that the great “Bubbly-Jock,” (Turkey-Cock) which Scott contended
that every man found in his path did not shew himself there. The
Serpent and the Bubbly-Jock which disturb and poison the rural life
of the educated classes in England, are the very same which dash
with bitter all English society in the same classes. They are the pride
of life, and the pride of the eye. They are that continual struggle for
precedence, and those jealousies which are generated by a false
social system. Every man lives now-a-day for public observation. He
builds his house, and organizes his establishment, so as to strike
public opinion as much as possible. Every man is at strife with his
neighbour in the matter of worldly greatness. The consequence is,
that a false standard of estimation, both of men and things, is
established—shew is substituted for real happiness; and no man is
valued for his moral or intellectual qualities, so much as for the
grandeur of his house, the style of his equipage, the richness of his
dinner service, and the heavy extravagance of his dinners. The result
of this is, that most are living to the full extent of their means, many
beyond it, and few are finding, in the whole round of their life, that
alone, which better and higher natures seek—the interchange of
heart and mind, which yields present delight, creates permanent
attachments, and fills the memory with enduring satisfaction.
This, it must be confessed, is a wretched state of things; but it is
one which every person conversant with society knows to exist, and
which intelligent foreigners witness with unfeigned surprise. The
worst of it is that this unnatural system of life becomes the most
sensibly felt in the country. In large towns every man finds a
sufficient circle after his own taste: there the petty influences of
locality are broken up by the multitude of objects, and the ample
choice in association. But in small towns, and country
neighbourhoods, where wealthy or educated families are thinly
scattered, nothing can be more lamentable, and, were it not
lamentable, nothing could be more ludicrous, than the state of
rivalry, heart-burning, jealousy, personal mortification, or personal
pride, from mere accidents of condition or favour. The titled have a
fixed rank, and are comparatively at their ease, but in the great
mass of those who have wealth, more or less, without title, what a
mighty and eating sore is the struggle for distinction. In the little
town, or thinly-scattered neighbourhood, every one is measuring out
his imaginary dignity to see if it does not exceed, at least by some
inches, that of one or other of his neighbours. The lower you
descend in the scale, the more exacting becomes the spirit of
exclusiveness. The professions look down upon the trades; the
trades on one another. Everywhere the same uneasy spirit shews
itself. Nothing can be more ludicrous, or amusing to the philosophic
spectator, than to observe how leadership is assumed in every
country neighbourhood by certain wealthy families; how carefully
that leadership is avoided and opposed by other families. How the
majority of families aspire to move in one or the other circle; what
wretched and anomalous animals those feel themselves that are not
recognised by either. How the man who drives his close carriage
looks down upon him who only drives his barouche or phaeton; how
both contemn the poor occupier of a gig. I have heard of a
gentleman of large fortune who, for some years after his residence
in a particular neighbourhood, did not set up his close carriage, but
afterwards feeling it more agreeable to do so, was astonished to find
himself called upon by a host of carriage-keeping people, who did
not seem previously aware of his existence; and rightly deeming the
calls to be made upon his carriage, rather than himself, sent round
his empty carriage to deliver cards in return. It was a biting satire on
a melancholy condition of society, the full force of which can only be
perceived by such as have heard the continual exultations of those
who have dined with such a great person on such a day, and the
equally eager complaints of others, of the pride and exclusiveness
they meet with; who have listened to the long catalogue of slights,
dead cuts, and offences, and witnessed the perpetual heart-burnings
incident to such a state of things. These are the follies that press the
charm of existence out of the hearts of thousands, and make the
country often a purgatory where it might be a paradise.
There is another cause which diminishes in a great degree the
enjoyment that might be found in the country, and that is, the
almost total cessation of walking amongst the wealthy. Since the
universal use of carriages, for anything I can see, thousands of
people might just as well be born without legs at all. It would be
easy to move them from the bed to the carriage,—thence to the
dinner-table, and again to bed. In the country, and especially in the
country not far from towns, how rarely do you see the rich except in
their luxurious carriages! How rarely do you meet them walking, or
even on horseback, as you used to do! Sir Roger de Coverley rode
on horseback to the assizes in his day—were he living now, he would
roll there in his carriage—lest some one should imagine that he had
mortgaged his estate, and laid down his carriage in retrenchment.
During the twelve months that I have resided in this neighbourhood
—a neighbourhood studded all over with wealthy houses, nothing
has surprised me, and the friends who have visited me here, so
much as the great rarity of seeing any of the wealthy classes on
their legs. With the exception of the Queen and her attendant ladies,
who during the then Princess’s abode at Claremont, might be every
day met in the winter, walking in frost and snow, and facing the
sharpest winds of the sharpest weather, I scarcely remember to
have met half-a-dozen of the wealthy classes on foot a mile from
their residences. And yet what splendid, airy heaths, what delicious
woods, what nooks of bowery foliage, what views into far
landscapes, are there all around! It is true, as some of them have
observed, that they walk in their own grounds; but what grounds,
however beautiful, can compensate for the fresh feeling of the heath
and the down; for the dim solemnity of the wild wood; for open,
breezy hills, the winding lane, the sight of rustic cottages by the
forest side, the tinkle of the herd or the sheep-bell, and all the wild
sounds and aspects of earth and heaven, to be met with only in the
free regions of nature? They who neglect to walk, or confine their
strolls merely to the lawn and the shrubbery, lose nine-tenths of the
enjoyment of the country. Those young men, whom it is a pleasure
to see with their knapsacks on their backs ranging over moor and
mountain, by lake or ocean, in Scotland or Wales, taste more of the
life of life in a few summer months than many dwellers in the
country ever dream of through their whole existence. I speak
advisedly, for I traverse the country in all directions, let me be where
I will; and if any ladies think themselves too delicate for walking, I
can point them out delicate ladies too that have made excursions on
foot through mountain regions of five hundred miles at a time, and
recur to those seasons as amongst the most delightful of their lives.
But my desire that all should make their country life as happy as it
is capable of being made—which must be by living more to nature
and less to fashion—by using both their physical and moral energies;
by respecting themselves, and leaving the respect of others to follow
as the natural result of a true and pure tone of spirit—is detaining
me too long. I must hasten on; and amongst the most prominent of
the country excitements, give a passing word to racing. If any one
wishes to know how far the turf influences the course of country life,
he has only to read the following passage from Nimrod. “Deservedly
high as Newmarket stands in the history of the British turf, it is but
as a speck on the ocean when compared with the sum total of our
provincial meetings, of which there are about one hundred and
twenty in England, Scotland, and Wales—several of them twice in
the year. Epsom, Ascot, York, Doncaster, and Goodwood, stand first
in respect of the value of the prizes, the rank of the company, and
the interest attached to them in the sporting world; although several
other cities and towns have lately exhibited very tempting bills of
fare to owners of good race-horses. In point of antiquity we believe
the Roodee of Chester claims pre-eminence of all country race-
meetings;—and certainly it has long been in high repute. Falling
early in the racing year—always the first Monday in May—it is most
numerously attended by the families of the extensive and very
aristocratic neighbourhood in which it is placed; and always
continues five days.”—The Turf, p. 246.
Every one who has seen the crowds of wealthy people who flock
to a celebrated race-meeting, and throng the stand and the carriage
stations, with brilliant dresses and gay equipages, may imagine,
then, how much excitement is spread through that class of society
during their stay in the country; by one hundred and twenty race-
meetings in one quarter or other of the island; especially as the
greater part of these occur during the months that they are absent
from town. So having read the passage quoted from Nimrod, he has
only to turn to the volume itself—a volume written with great ability;
and, making allowance for the author’s sporting predilections, in an
excellent spirit, and he will thus find that course described as such a
horrible resort of blacklegs and desperadoes, of traitorous jockeys
and poisoning trainers, as makes one at once recoil from the recital,
and wonder that our young nobles and gentlemen should commit
themselves and their fortunes to such hands; or that the fair and the
refined should consent to gaze on such a scene of infamy. Hear
Nimrod’s own words—“How many fine domains have been shared
amongst these hosts of rapacious sharks, during the last two
hundred years! and unless the system be altered—how many more
are doomed to fall into the same gulf! For, we lament to say, the evil
has increased; all heretofore, indeed, has been ‘tarts and
cheesecakes’ to the villanous proceedings of the last twenty years on
the English turf.” Let us move on to less repulsive scenes.
Amongst these may be reckoned the periodical arrivals of the
bishops and the judges. The arrival of the bishop to perform the
ceremony of confirmation, is but a triennial occurrence, but it is one
of the most imposing of the rites of the church. The flocking of the
clergy and their families to town; the processions of country children
on foot, and led by the parish clerk or schoolmaster, or in carts and
other rustic vehicles; the gathering of the children of the rich
towards the church in their white dresses, and in gay carriages; the
assembling of all classes in the common temple of their religion; the
solemnity of the address and the imposition of hands by the prelate;
the stately music of the organ, and the silent looking on of the
congregated people—all combine to produce a very striking
spectacle—a spectacle which to those who believe in its essentiality
and efficacy, has something in it touching and beautiful.
But perhaps the parade of the assize time, is the most picturesque
of this class of occurrences. There is more of the old English
ceremony, custom, and costume about it. The judges who go
through the land as the representatives of majesty, certainly go
through it en prince. Nothing can be more unlike than their progress
to, and their state in, the courts in town, and the same things in
their provincial tour of justice. In town you may see the Lord Chief
Justice mount his horse at his own door, and ride quietly away
towards Westminster Hall. You may see Lord Abinger in the Court of
Exchequer, sitting very much at his ease in his black gown and wig
of modest dimensions, dispatching business in a work-a-day manner;
but in the country you find these very men arrayed in their scarlet
and ermine, seated in much greater state, and dispensing justice in
a much fuller court than, except on extraordinary occasions, attends
them in town.
The high-sheriff of every county, selected from its best families, in
preparation for the arrival of the county judge, has put his equipage
and train in order. His carriage, his horses, his harness, all have
undergone a rigid examination, and are all put into the highest
condition that paint, gilding, varnish, lining, and plate, can bestow;
or if he be a young man of some spirit and ambition, he has
purchased a new carriage for the occasion. His tenants and
household servants, to the number of forty or fifty, have been put
into a new livery in the cut of the old yeomen, and generally of some
bright or peculiar colour, green, blue, white, or delicate drab, as
indeed the livery of the gentlemen may be. Mounted on their horses,
and with their javelins or halberds, and preceded by two trumpeters,
who, old Aubrey can tell you, are a very ancient essential on such
occasions, they escort the sheriff on his way to meet the judges. The
sheriff who has thus showily appointed what are provincially termed
his javelin-men, has not in the meantime neglected himself. He has
put on at least a court dress, and in cases where he has happened
to be a man of taste, and a man of figure to boot, he has put on a
rich suit of the fashion of Sir Charles Grandison, or of some one of
his ancestors, as he stands in full-length portraiture in his family
gallery. He issues from his hall, arrayed perhaps in a rich mulberry
coloured coat with huge embroidered cuffs and button-holes, huge
gold buttons, and lining of primrose serge; a splendid waistcoat of
gold brocaded satin, with ample pockets and flaps reaching half-way
to his knees; satin breeches, and silk stockings with immense clocks;
large gold buckles at his knees and upon his shoes. Add to this his
sword, his cocked hat, and his cravat and ruffles of fine point lace,
and you have the high-sheriff in all his glory, just as we saw him in
one of our county assize courts not many years ago, sitting on the
right hand of the judge; and it must be confessed in admirable
keeping with his old-world robes of scarlet and ermine. Well, he
enters the county town with his troop of javelin-men, his trumpeters
blowing stoutly before him. He takes up his lodgings there, and on
the morning of the judge’s approach, he marches out in the same
style, followed by a long train of the gentlemen and tradesmen of
the place, who are anxious to testify their respect to the ancient
forms of justice, and the representative of the monarch. He
advances some mile or two on the way by which the judge is to
arrive. There the procession halts, generally in a position which
commands a view of the road by which the judge is expected. Anon,
there is a stir, a looking out amongst them, your eye follows theirs,
and you see a carriage, dusty and travel-soiled, come driving rapidly
on. It is that of the judge. As they drive up, the javelin-men and
gentlemen uncover; the sheriff descends from his carriage; his
gowned and bewigged lordship descends from his; the sheriff makes
his bow and his compliments; the judge enters the carriage of the
sheriff with him, his own carriage falls into the rear, and the
procession now moves on towards the town, with bannered
trumpets blowing, and amid a continually increasing crowd of
spectators. There is something very quaint and old English in the
whole affair; and as I have seen the sheriff and his train thus,
waiting the approach of the judge on some rising ground in the
public road, the scene has brought back to my imagination a feeling
of the past times—simpler in heart than the present, but more
formal in manner, and perhaps fonder of solemn parade. But the
bells are ringing merrily to welcome the learned judge, and
thousands are thronging to see the sight of the sheriff and his men,
and to catch a glimpse of the judge’s wig as the coach passes, and
many of them to wonder how the sheriff can seem so much at his
ease with such an awful man: while within the strong walls of the
prison, the sounds of bells and the trampling feet of the crowds
without, are causing stout hearts and miserable hearts to tremble
and feel chill.
Well, the procession and the throng “go sounding through the
town,” and the court being opened in due form, they arrive at the
judge’s lodgings, whence, after a suitable time allowed for the
judge’s refreshment, they proceed to church. Whatever may be the
effect of this custom of the judge’s going to church before
proceeding to discharge his awful duties of deciding upon the
destinies of his fellow men, it is a beautiful one, and bespeaks in
those who instituted it, a just sense of the value of human life, and
of the true source whence all right judgment must proceed. It was
well, and more than well, that the judge should be sent to hear from
the Christian minister, that the temper in which a judge should sit to
decide the fate of his fellow mortals, should be that of the Christian
—the divine union of justice and mercy. It was well that he should
be reminded that every act of his judgment in the court about to
open, must one day be rejudged, in a court and before a judge,
from which there can be no appeal.
As they move on towards the great mother-church, thousands on
thousands throng to gaze. Every window presents its quota of
protruded heads; every flight of steps before the doors of houses,
and every other elevated spot, is occupied. Boys are hanging by
lamp-posts, and on iron palisades, like bats. The procession used to
be much enlivened by the presence of the mayor and corporation in
their robes, and with the mace borne before them; but the New
Corporation Act has led to a woful stripping of this pageant. The
sheriff selects the clergyman to preach on the occasion, who is
generally some young friend or relative whom he wishes to bring
into notice. This ceremony being over, the judge returns to the
court; the grand jury, selected from the gentlemen of the county,
present their bills, and the trials proceed. In the sheriff’s gallery may
be seen some of his friends, perhaps the ladies of his family and
other acquaintances, with others, all introduced by ticket; on the
bench by the judge, may often be seen seated with the sheriff, some
great man or lady of the neighbourhood, especially if some trial in
which one of their own body, some disputed will which involves a
large property, or similar cause of interest, draws them from their
homes, and fills the court to suffocation. While the court continues,
day by day you see the train of javelin-men come marching on foot
with the state carriage of the sheriff, to conduct him from his
lodgings to those of the judge, and back again at the close of the
court in the evening, till the trials are ended; and judge, sheriff, gay
carriage, with its splendid hammer-cloth, jolly coachman, and slim
footmen, in their cocked hats and flaxen wigs, javelin-men, and
crowd, all meet and vanish away, and the excitement of the assize is
over for another half-year.
Such are the principal country excitements; and to these may be
added those of another class, which have sprung up of late years,
and have done much good—the floral and horticultural shews. These
have been warmly patronized by the aristocracy; and it forms a
striking feature in modern country life, to see carriages and
pedestrians hastening, on certain days to certain places, where
different flowers and fruits, in their respective seasons, are displayed
with great taste, and with brilliant effect. The place of meeting is
sometimes at a country inn, where, on the bowling-green, tents are
pitched, in which the flowers or fruits are exhibited, and the whole
scene is extremely gay. Such a one I saw at Kingston Hill, near
Richmond Park—a Dahlia shew: on the end of the house an
invitation to all England being gorgeously emblazoned in dahlia-
flowers, surmounted by the crown royal, and the good English
initials Q. V.; looking as though the worthy horticulturists meant to
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  • 5. Understanding Knowledge as a Commons From Theory to Practice 1st Edition Charlotte Hess Digital Instant Download Author(s): Charlotte Hess, Elinor Ostrom(Editors) ISBN(s): 9781429421072, 142942107X Edition: 1 File Details: PDF, 1.10 MB Year: 2007 Language: english
  • 6. Understanding Knowledge as a Commons From Theory to Practice Understanding Knowledge as a Commons From Theory to Practice edited by Charlotte Hess and Elinor Ostrom Knowledge in digital form offers unprecedented access to information through the Internet but at the same time is subject to ever-greater restrictions through intellectual property legislation, overpatenting, licensing, overpricing, and lack of preservation. Looking at knowledge as a commons—as a shared resource—allows us to understand both its limitless possibilities and what threatens it. In Understanding Knowledge as a Commons, experts from a range of disciplines discuss the knowledge commons in the digital era—how to conceptualize it, protect it, and build it. Contributors consider the concept of the commons historically and offer an analytical framework for understanding knowledge as a shared social-ecological system. They look at ways to guard against enclosure of the knowledge commons, considering, among other topics, the role of research libraries, the advantages of making scholarly material available outside the academy, and the problem of disappearing Web pages. They discuss the role of intellectual property in a new knowledge commons, the open access movement (including possible funding models for scholarly publications), the development of associ- ational commons, the application of a free/open source framework to scientific knowledge, and the effect on scholarly communication of collaborative communities within academia, and offer a case study of EconPort, an open access, open source digital library for students and researchers in microeconomics. The essays clarify critical issues that arise within these new types of commons, and offer guideposts for future theory and practice. Charlotte Hess is Director of the Digital Library of the Commons at Indiana University. Elinor Ostrom is Arthur F. Bentley Professor of Political Science, Codirector of the Workshop in Political Theory and Policy Analysis at Indiana University, and Codirector of the Center for the Study of Institutions, Population, and Environmental Change (CIPEC) at Indiana University. Contributors David Bollier, James Boyle, James C. Cox, Shubha Ghosh, Charlotte Hess, Nancy Kranich, Peter Levine, Wendy Pradt Lougee, Elinor Ostrom, Charles M. Schweik, Peter Suber, J. Todd Swarthout, Donald J. Waters communications/scholarly publishing The MIT Press Massachusetts Institute of Technology Cambridge, Massachusetts 02142 http://mitpress.mit.edu Understanding Knowledge as a Commons Hess and Ostrom, editors 0-262-08357-4 978-0-262-08357-7 edited by Charlotte Hess and Elinor Ostrom Jacket art by Charlotte Hess. 4626_Hess 11/3/06 7:18 AM Page 1
  • 9. Understanding Knowledge as a Commons From Theory to Practice edited by Charlotte Hess and Elinor Ostrom The MIT Press Cambridge, Massachusetts London, England
  • 10. © 2007 Massachusetts Institute of Technology All rights reserved. No part of this book may be reproduced in any form by any electronic or mechanical means (including photocopying, recording, or informa- tion storage and retrieval) without permission in writing from the publisher. MIT Press books may be purchased at special quantity discounts for business or sales promotional use. For information, please e-mail special_sales@ mitpress.mit.edu or write to Special Sales Department, The MIT Press, 55 Hayward Street, Cambridge, MA 02142. This book was set in Sabon by SNP Best-set Typesetter Ltd., Hong Kong and printed and bound in the United States of America. Library of Congress Cataloging-in-Publication Data Understanding knowledge as a commons : from theory to practice / edited by Charlotte Hess and Elinor Ostrom. p. cm. Includes index. ISBN-13: 978-0-262-08357-7 (hardcover : alk. paper) ISBN-10: 0-262-08357-4 (hardcover) 1. Knowledge management. 2. Information commons. I. Hess, Charlotte. II. Ostrom, Elinor. HD30.2.U53 2007 001—dc22 2006027385 10 9 8 7 6 5 4 3 2 1
  • 11. This book is dedicated to the memory of Gerry Bernbom (1952–2003) who continues to be a source of inspiration and wisdom.
  • 13. Contents Preface ix I Studying the Knowledge Commons 1 1 Introduction: An Overview of the Knowledge Commons 3 Charlotte Hess and Elinor Ostrom 2 The Growth of the Commons Paradigm 27 David Bollier 3 A Framework for Analyzing the Knowledge Commons 41 Elinor Ostrom and Charlotte Hess II Protecting the Knowledge Commons 83 4 Countering Enclosure: Reclaiming the Knowledge Commons 85 Nancy Kranich 5 Mertonianism Unbound? Imagining Free, Decentralized Access to Most Cultural and Scientific Material 123 James Boyle 6 Preserving the Knowledge Commons 145 Donald J. Waters III Building New Knowledge Commons 169 7 Creating an Intellectual Commons through Open Access 171 Peter Suber 8 How to Build a Commons: Is Intellectual Property Constrictive, Facilitating, or Irrelevant? 209 Shubha Ghosh
  • 14. 9 Collective Action, Civic Engagement, and the Knowledge Commons 247 Peter Levine 10 Free/Open-Source Software as a Framework for Establishing Commons in Science 277 Charles M. Schweik 11 Scholarly Communication and Libraries Unbound: The Opportunity of the Commons 311 Wendy Pradt Lougee 12 EconPort: Creating and Maintaining a Knowledge Commons 333 James C. Cox and J. Todd Swarthout Glossary 349 Index 353 viii Contents
  • 15. Preface In the spring of 2004, Charlotte Hess and Elinor Ostrom hosted a meeting titled “Workshop on Scholarly Communication as a Commons.” The idea of this working session grew out of several parallel events, including the discussions at the Conference on the Public Domain organized and chaired by James Boyle at Duke University in November 2001.1 It is also an outgrowth of the many years of research, case studies, and theoretical work on the commons undertaken at the Workshop in Political Theory and Policy Analysis (Workshop), Indiana University. While earlier work focused primarily on the study of natural resources as commons, more recent interest has developed at the Workshop on the scholarly information and digital media as commons, the erosion of those commons through recent legislation, and the necessity of building new institutions in order to sustain those commons. An early attempt at struggling with these issues was our development of the Digital Library of the Commons,2 which seeks to combine digital preservation of high-quality information, self-publication, and multimedia storage, while serving as the primary reference tool for interdisciplinary research on the commons. The two-day event, funded by The Andrew W. Mellon Foundation, brought together leading interdisciplinary scholars to examine the current state of research and development of scholarly communication and the knowledge commons. Many of the participating scholars had already been thinking and writing about one of the many “commons” aspects of scholarly communication. The first objective of the meeting was to produce papers that could give other scholars as well as researchers and practitioners who create digital resources and affect digital policy, a sense of the current status of research on scholarly com- munication as an information commons, an idea of where it is headed,
  • 16. and an awareness of critical dilemmas and policy issues. We deliberately assembled a group of scholars who could address both theoretical and empirical concerns—that is, who were able to ground discussion of future research and action in a thorough synthesis of current theory and practice. The initial focus on scholarly communication as a commons was chosen to more carefully focus the subject and to allow for the inte- gration of study areas that have been traditionally segregated, such as intellectual property rights, computer codes and infrastructure, academic libraries, invention and creativity, open-source software, collaborative science, citizenship and democratic processes, collective action, infor- mation economics, and the management, dissemination, and pre- servation of the scholarly record. Other important dilemmas within the information commons, such as globalization, complexity, westernization of knowledge, indigenous knowledge and rights, and the growing problem of computer waste were kept in mind. The group also explored the question of what models and frameworks of analysis are most beneficial in building a new research agenda for this complex commons. Some of the questions posed were: Is it possible to transfer lessons learned from the environmental movement to the knowledge-commons ecosystem? What can research on the natural-resource commons teach us about the dilemmas of scholarly communication? How can legal scholars, social scientists, and librarians and information specialists best work together to preserve the intellectual commons? Can new tech- nologies, rules, and self-governing communities help bridge the gaps between traditional libraries, publishers, researchers, and policymakers? The concrete goals of the meeting were to • Identify essential “commons” of concern within the vast terrain of scholarly communication • Reach consensus on definitions • Map some key knowledge gaps • Discuss and apply an analytical framework, if possible • Draft a report to The Andrew W. Mellon Foundation outlining a new research agenda for the study of information or scholarly communica- tion as a commons • Identify future actions to further this agenda x Preface
  • 17. The group sought to integrate perspectives that are frequently segregated within the scholarly-communication arena, such as intellectual property rights; information technology (including hardware, software, code and open source, and infrastructure); traditional libraries; digital libraries; invention and creativity; collaborative science; citizenship and demo- cratic processes; collective action; information economics; and the management, dissemination, and preservation of the scholarly record. Since that time, our ideas have grown and developed. We have been for- tunate to add a couple of new scholars in the process, and regret that a few needed to withdraw due to previous commitments. Our understanding of this complex commons has evolved considerably since the initial meeting. While our focus was originally on scholarly com- munication, we came to agree with Boyle, Lynch, and others that equat- ing the knowledge commons with the “scholarly-communication” arena was too limiting and, perhaps, parochial. It became more and more apparent that any useful study of the users, designers, contributors, and distributors of this commons could not be cordoned off to the domain of the ivory tower. Who can any longer set the boundaries between schol- arly and nonscholarly information? On the other hand, we found it useful to examine some of the long-enduring knowledge commons and related institutional rules, especially in the context of exponential technological change. Participants included James Boyle, William Neal Reynolds Professor of Law and Faculty Co-Director of the Center for the Study of the Public Domain, Duke Law School, Durham, North Carolina James Cox, Noah Langdale Jr. Chair in Economics; Georgia Research Alliance Eminent Scholar; Director, Experimental Economics Center, University of Arizona Charlotte Hess, Director, Workshop Research Library, and Digital Library of the Commons, Indiana University, Bloomington Nancy Kranich, past president of the American Library Association; former Associate Dean of Libraries at New York University Peter Levine, Director of CIRCLE, The Center for Information and Research on Civic Learning and Engagement; a research scholar at the Institute for Philosophy & Public Policy at the University of Maryland; Steering Committee Chair of the Campaign for the Civic Mission of Schools Preface xi
  • 18. Wendy Pradt Lougee, University Librarian and McKnight Presidential Professor, University of Minnesota, University Libraries, Minneapolis, Minnesota Clifford Lynch, Director of the Coalition for Networked Information (CNI), Washington, D.C.; adjunct professor at the School of Informa- tion Management and Systems, University of California, Berkeley Elinor Ostrom, Arthur F. Bentley Professor of Political Science, Indiana University; Co-Director, Workshop in Political Theory and Policy Analy- sis; Co-Director, Center for the Study of Institutions, Population, and Environmental Change Charles Schweik, Assistant Professor, Department of Natural Resource Conservation, Center for Public Policy and Administration, University of Massachusetts, Amherst Peter Suber, Policy Strategist for open access to scientific and scholarly research literature; Director, Open Access Project at Public Knowledge; Research Professor of Philosophy at Earlham College; Author of SPARC Open Access Newsletter; Editor of Open Access News Blog Douglas Van Houweling, President and CEO of Internet2; Professor, School of Information, University of Michigan, Ann Arbor Donald Waters, Program Officer for Scholarly Communications, The Andrew W. Mellon Foundation The sessions were expertly moderated by Margaret Polski, Senior Research Fellow at the Institute for Development Strategies, Indiana University (IU). Some of the attendees and active contributors to the dis- cussions were Blaise Cronin, Rudy Professor of Information Science and Dean of the IU School of Library and Information Science; Suzanne Thorin, Dean of the IU Libraries; Jorge Schement, Pennsylvania State University Distinguished Professor of Communications; Marco Janssen, Assistant Professor of Informatics; Robert Goehlert, IU Librarian for Economics and Political Science; Harriette Hemmasi, Associate Dean, IU Libraries; Laura Wisen, Coordinator of Workshop Research Library and SLIS graduate student; and Alice Robbin, IU Professor of Information Science. While a couple of the original participants have dropped out due to previous commitments, as noted, we have been fortunate to add two out- standing thinkers on the commons: xii Preface
  • 19. David Bollier, Journalist, Consultant, Senior Fellow, USC Annenberg School for Communication, The Norman Lear Center, and Co-Founder and board member, Public Knowledge Shubha Ghosh, Professor, Dedman School of Law, Southern Methodist University, Dallas The authors of this book would like to thank the two thorough and very helpful outside reviewers for The MIT Press. We would also like to thank John Goodacre, Stevan Harnad, Anne MacKinnon, Ruth Meinzen-Dick, Andrew Revelle, Audun Sandberg, and Suzanne Thorin for their insightful comments. We are grateful to the contributors to this book who gave us their valuable input on chapter 1. We are also extremely grateful to Patricia Lezotte for her expert assistance with the manuscript. Finally, we wish to thank The Andrew W. Mellon Foundation for its essential support. Notes 1. See James Boyle, ed., The Public Domain (Durham, NC: School of Law, Duke University, 2003) (Law and Contemporary Problems 66(1–2)); http:// www.law.duke.edu/journals/lcp/. 2. http://dlc.dlib.indiana.edu. Preface xiii
  • 23. 1 Introduction: An Overview of the Knowledge Commons Charlotte Hess and Elinor Ostrom Two monks were arguing about a flag. One said, “The flag is moving.” The other said, “The wind is moving.” The sixth patriarch, Zeno, happened to be passing by. He told them, “Not the wind, not the flag; mind is moving.” —Douglas R. Hofstadter, Gödel, Escher, Bach The Purpose of This Book This book is intended as an introduction to a new way of looking at knowl- edge as a shared resource, a complex ecosystem that is a commons—a resource shared by a group of people that is subject to social dilemmas. The traditional study of knowledge is subdivided into epistemic areas of interests. Law professors argue the legal aspects of knowledge in regard to intellectual property rights. Economists consider efficiency and transac- tion costs of information. Philosophers grapple with epistemology. Librar- ians and information scientists deal with the collection, classification, organization, and enduring access of published information. Sociologists examine behaviors of virtual communities. Physical scientists study natural laws. Every discipline, of course, has a claim on knowledge; this is the common output of all academic endeavors. The focus here is to explore the puzzles and issues that all forms of knowledge share, particularly in the digital age. The intention is to illustrate the analytical benefits of apply- ing a multitiered approach that burrows deeply into the knowledge- commons ecosystem, drawing from several different disciplines. Brief History of the Study of the Knowledge Commons The exploration of information and knowledge as commons is still in its early infancy. Nevertheless, the connection between “information” in its
  • 24. various forms and “commons” in its various forms has caught the atten- tion of a wide range of scholars, artists, and activists. The “information- commons” movement emerged with striking suddenness. Before 1995, few thinkers saw the connection. It was around that time that we began to see a new usage of the concept of the “commons.” There appears to have been a spontaneous explosion of “ah ha” moments when multiple users on the Internet one day sat up, probably in frustration, and said, “Hey! This is a shared resource!” People started to notice behaviors and conditions on the web—congestion, free riding, conflict, overuse, and “pollution”—that had long been identified with other types of commons. They began to notice that this new conduit of distributing information was neither a private nor strictly a public resource. An increasing number of scholars found that the concept of the “commons”1 helped them to conceptualize new dilemmas they were observing with the rise of distributed, digital information. In the mid- 1990s, articles suddenly started appearing in various disciplines address- ing some aspect of this new knowledge commons. Some information scientists made inroads in new areas of virtual communities and commons (Rheingold 1993; Brin 1995; Hess 1995; Kollock and Smith 1996). Others explored commons dilemmas on the web, such as con- gestion and free riding (Huberman and Lukose 1997; Gupta et al. 1997). The largest wave of “new-commons” exploration appeared in the legal reviews. Commons became a buzzword for digital information, which was being enclosed, commodified, and overpatented.2 Whether labeled the “digital,” “electronic,” “information,” “virtual,” “communication,” “intellectual,” “Internet,” or “technological” commons, all these con- cepts address the new shared territory of global distributed information. Study of Traditional Commons For us, the analysis of knowledge as a commons has its roots in the broad, interdisciplinary study of shared natural resources, such as water resources, forests, fisheries, and wildlife. Commons is a general term that refers to a resource shared by a group of people. In a commons, the resource can be small and serve a tiny group (the family refrigerator), it can be community-level (sidewalks, playgrounds, libraries, and so on), or it can extend to international and global levels (deep seas, the atmos- phere, the Internet, and scientific knowledge). The commons can be well bounded (a community park or library); transboundary (the Danube 4 Charlotte Hess and Elinor Ostrom
  • 25. River, migrating wildlife, the Internet); or without clear boundaries (knowledge, the ozone layer). Commons analysts have often found it necessary to differentiate between a commons as a resource or resource system and a commons as a property-rights regime. Shared resource systems—called common-pool resources—are types of economic goods, independent of particular prop- erty rights. Common property on the other hand is a legal regime—a jointly owned legal set of rights (Bromley 1986; Ciriacy-Wantrup and Bishop 1975). Throughout this book, the more general term commons is preferred in order to describe the complexity and variability of knowl- edge and information as resources. Knowledge commons can consist of multiple types of goods and regimes and still have many characteristics of a commons. Potential problems in the use, governance, and sustainability of a commons can be caused by some characteristic human behaviors that lead to social dilemmas such as competition for use, free riding, and over- harvesting. Typical threats to knowledge commons are commodification or enclosure, pollution and degradation, and nonsustainability. These issues may not necessarily carry over from the physical envi- ronment to the realm of the knowledge commons. There is a continual challenge to identify the similarities between knowledge commons and traditional commons, such as forests or fisheries, all the while exploring the ways knowledge as a resource is fundamentally different from natural-resource commons. With “subtractive” resources such as fisheries, for instance, one person’s use reduces the benefits available to another. High sub- tractability is usually a key characteristic of common-pool resources. Most types of knowledge have, on the other hand, traditionally been relatively nonsubtractive. In fact, the more people who share useful knowledge, the greater the common good. Consideration of knowledge as a commons, therefore, suggests that the unifying thread in all commons resources is that they are jointly used, managed by groups of varying sizes and interests. Self-organized commons require strong collective-action and self- governing mechanisms, as well as a high degree of social capital on the part of the stakeholders. Collective action arises “when the efforts of two or more individuals are needed to accomplish an outcome” (Sandler 1992, 1). Another important aspect of collective action is that it is vol- untary on the part of each individual (Meinzen-Dick, Di Gregorio, and Introduction 5
  • 26. Discovering Diverse Content Through Random Scribd Documents
  • 27. part of Kent approaching the metropolis from the heights of Norwood, and the prospect is the same. Many of the extensive commons hereabout, as Bookham and Streatham commons, are scattered with fine oaks, some of them very ancient, and diversified with thickets and green glades, and rather resemble old forests and parks, than commons as seen elsewhere. Then again, the sandy heaths of Surrey are covered in many places with miles of Scotch firs. There certainly is no want of wood in these parts. In the sandy wastes of Old Sherwood Forest in Nottinghamshire, many thousand acres, principally of larch, have been planted on the estates of the Dukes of Portland and Newcastle, Lord Scarborough, Earl Manvers, Colonels Need, Wildman, and other proprietors. Even the cold hills of the Peak of Derbyshire have been planted in some parts extensively; and lands in those districts which were literally unproductive, are now a source of considerable income from the thinning of the woods. In Scotland the same change is very visible. All along the borders the good lands are beautifully cultivated, the bad extensively planted. From the dreary flats about Gretna Green to the borders of Northumberland and Berwickshire, this is the case. Passing into Scotland by the Cheviots, we saw extensive woods on the border lands of the Duke of Northumberland, Earl Tankerville, Mr. Collingwood, Mr. St. Paul, etc. The cold and wild tract between Kelso and Edinburgh presents cheering appearances of the extension of the planting spirit. In the counties of Argyle, Ross, and Inverness, which Monteith of Stirling, in his Forester’s Guide, particularly points out as wanting wood, we were struck with the great extent of planting already done. Every summer tourist up the Clyde sees how much the woods round Roseneath have sheltered and beautified it— and the woods around Inverary Castle are, to a great extent, very splendid—while all the way thence to Oban you pass through mountain glens and over moorlands enriched with woods. The Duke of Athol, about Athol and Dunkeld, has planted upwards of 15,000 acres. The Duke of Montrose has been a great planter. Sir Walter Scott was a diligent planter, as the young woods round Abbotsford testify; and there are no moments of his life in which we can imagine him happier than when mounted on his pony he progressed
  • 28. through his plantations at his leisure, with his pruning-knife in his hand. But what he did on his own estate is trivial to what he did by his writings. He may be said to have planted more trees by his pen than any man alive has with his spade. He himself tells us that the simple words put into the mouth of the Laird of Dumbiedikes, and placed as a motto at the head of this chapter, induced a certain Earl to plant a large tract of country. In the neighbourhood of Dingwall, Beuley, Beaufort,—from Inverness to Culloden,—in short, in almost every part of the Highlands,—you find extensive young woods of larch and pine. Many of these, it must be confessed, have apparently been made with more regard to profit than beauty. In many of the sweet straths, and along the feet of the mountains, the long monotonous reaches of larch—an unbroken, unvaried succession of pointed pyramids— present but an indifferent contrast to the free slopes of beauty which the native growth of the birches exhibits; dotting glens and embosoming lochs with a fairyland loveliness. As they become large, and are thinned properly, or rather, where they are planted thinly, on the plan of the Duke of Athol, this defect may be remedied. Scotch firs, when large, assume a wild forest majesty; and larches in mountainous situations, of an ancient growth, have an Alpine sweep of boughs that is extremely picturesque and graceful; but young crowded firs of any kind are too formal for beauty. Mr. Wordsworth, in his Guide to the Lakes of Westmoreland and Cumberland, complains grievously of the injury done to the scenery there, by the injudicious planting of larch. “Larch and fir plantations have been spread, not merely with a view to profit, but in many instances for the sake of ornament. To those who plant for profit, and are thrusting every other tree out of the way, to make room for their favourite, the larch, I would utter first a regret, that they should have selected these lovely vales for their vegetable manufactory, when there is so much barren and irreclaimable land in the neighbouring moors, and in other parts of the island, which might have been had for this purpose at a far cheaper rate.—It must be acknowledged that the larch, till it has outgrown the size of a shrub, shews, when looked at singly, some elegance of form and
  • 29. appearance, especially in spring, decorated, as it then is, by the pink tassels of its blossoms; but, as a tree, it is less than any other pleasing. Its branches—for boughs it has none—have no variety in the youth of the tree, and little dignity even when it attains its full growth; leaves it cannot be said to have, consequently affords neither shade nor shelter. In spring, the larch becomes green long before the native trees, and its green is so peculiar and vivid, that, finding nothing to harmonize with it, wherever it comes forth a disagreeable speck is produced. In summer, when all other trees are in their pride, it is of a dingy, lifeless hue; in autumn, of a spiritless unvaried yellow; and in winter, it is still more lamentably distinguished from any other deciduous tree of the forest, for they seem only to sleep, but the larch seems absolutely dead. If an attempt be made to mingle thickets, or a certain proportion of other forest trees, with the larch, its horizontal branches intolerantly cut them down, as with a scythe, or force them to spindle up to keep pace with it. The terminating spike renders it impossible that the several trees, where planted in numbers, should ever blend together so as to form a mass, or masses of wood. Add thousands to tens of thousands, and the appearance is still the same—a collection of separate individual trees, obstinately presenting themselves as such; and which, from whatever point they are looked at, if but seen, may be counted upon the fingers. Sunshine, or shadow, has little power to adorn the surface of such a wood; and the trees not carrying up their heads, the wind raises amongst them no majestic undulations.” There is much truth in these remarks, and they cannot be too much borne in mind by all planters where picturesque beauty is an object. On dreary moors, where the larch is planted merely for profit, and where the tout-ensemble cannot readily be attained, woods of it often present a great degree of pleasantness by contrast. They give you green glades and narrow footpaths, between heath and fern, their slender boughs hanging above you, especially in the freshness of their foliage, very agreeably. As a matter of profit, and for the value of its timber, few species of wood can compete with it. The following extract from the Transactions of the Highland Society, gives a very striking view of its importance. “Larch
  • 30. will supply ship-timber at a great height above the region of the oak; and while a seventy-four gun ship will require the oak timber of seventy-five acres, it will not require more than the timber of ten acres of larch; the trees, in both cases being sixty-eight years old. The larch, at Dunkeld, grows at the height of 1300 feet above the level of the sea; the spruce at 1200; the Scotch pine at 700; and deciduous trees at not higher than 500. The larch, in comparison with the Scotch pine, is found to produce three and three-quarter times more timber, and that timber of seven times more value. The larch also, being a deciduous tree, instead of injuring the pasture under it, improves it. The late Duke of Athol, John the Second, planted in the last year of his life, 6500 Scotch acres of mountain ground solely with the larch, which in the course of seventy-two years from the time of planting will be a forest of timber fit for the building of the largest class of ships in her majesty’s navy. It will have been thinned out to about 400 trees per acre. Each tree will contain at the least fifty cubic feet, or one load of timber, which, at the low price of one shilling the cubic foot, only one half of its present value, will give 1000l. per acre, or in all, a sum of 6,500,000l. sterling. Besides this there will have been a return of 7l. per acre from the thinnings, after deducting all expense of thinning, and the original outlay of planting. Further still, the land on which the larch is planted, is not worth above ninepence or one shilling per acre. After the thinnings of the last thirty years, the larch will make it worth at least ten shillings per acre by the improvement of the pasturage, on which cattle can be kept summer and winter.” That is pretty well. This calculation is made upon land stated at 1s. per acre, planted with larch; but Monteith, an experienced timber planter and valuer, gives us for oak planted on land of 1l. per acre yearly rent, the following statement. “If the proprietor, for instance, plants 100 acres of ground, the trees being placed four feet distant from each other, each acre will contain 3422 plants. If it be planted with hard woods, chiefly oaks, and a few firs to nurse them up, supposing it is a plantation purely for profit,
  • 31. the expense of plants and planting, per acre, will be 6l. £ 600 0 0 Rent of land for ten years, at 1l. per acre, per annum 1000 0 0 Interest on rent 225 0 0 Expenses of thinning, pruning, and training up for 10 years, at 1l. per acre per annum 1000 0 0 Total expenditure £ 2825 0 0 Deduct produce of 1000 trees thinned from each acre, during the first 10 years, at 2l. per acre £ 200 0 0 Deduct value of 2422 trees left on the ground after the first 10 years, at 7l. 10s. per acre 750 0 0 950 0 0 Total outlay at the end of 10 years £ 1875 0 0 To which add expense of thinning and pruning for the next 10 years, at 2l. per acre £ 200 0 0 Rent of the land for the same period at 1l. per acre per annum 1000 0 0 Interest on the rent for the same period 275 0 0 Interest on 1875l. for 10 years 937 0 0 2412 0 0 Total outlay for 20 years £ 4287 0 0 Deduct produce of 1000 trees thinned out during the last 10 years, from each acre, at 6d. each, or 25l. per acre £ 2500 0 0 Deduct for 1422 trees which fall to be enhanced in value during the last 10 years, and will come to at least 35l. 11s. per acre 3555 0 0 6055 0 0 £ 1768 0 0 Deduct from this the value of these 1000 trees as they were first estimated at the end of the first 10 years, at 3l. 2s. per acre 310 0 0 Thus leaving a balance in favour, of £ 1458 0 0 ” Hitherto the amount of gain is comparatively small, but this calculation continued according to the growth of the trees for ten years more, will leave the balance no less than 23,667l. And to the end of forty years from first planting, the round sum of 41,000l. “These calculations,” says Monteith, “may, to those who have paid no attention to the subject, excite wonder if not doubt, but in
  • 32. making them the author has been careful to lessen rather than exaggerate the profits: and if the plantation shall have been carried to the age of sixty or seventy years, and properly thinned, etc., the value will be double what it was at forty years.” Thus, if 100 acres in seventy years will yield 80,000l. planted with oak, 6000 acres will yield about 5,000,000l.; while 6000 acres of the larch plantations of Athol in the same period are calculated to yield about 6,000,000l. There is sufficient agreement to lead us to suppose the calculations probably accurate, and what a splendid inducement to judicious planting do these calculations present! The following facts, given in the “Encyclopædia Britannica,” (vol. i., art. Agriculture), are also particularly interesting to the planter. Mr. Pavier, in the fourth volume of the Bath Papers, computes the value of fifty acres of oak timber in 100 years to be 12,100l., which is nearly 2l. 10s. annually per acre; and if we consider that this is continually accumulating, without any of that expense or risk to which annual crops are subject, it is probable that timber-planting may be accounted one of the most profitable departments of husbandry. Evelyn calculates the profit of 1000 acres of oak land in 150 years at no less than 670,000l. The following table shews the increase of trees from their first planting. It was taken from the Marquis of Lansdowne’s plantation, begun in the year 1765, and the calculation made in 1786. It is about six acres in extent, the soil partly a swampy meadow upon a gravelly bottom. The measures were taken at five feet above the surface of the ground; the small trees having been occasionally drawn for posts and rails, as well as rafters for cottages, and when peeled of the bark will stand well for seven years. Circumference in Feet in height. Feet. Inches. Lombardy Poplar 60 to 80 4 8 Abeel 50-70 4 6 Plane 50-60 3 6 Acacia 50-60 2 4 Elm 40-60 3 6
  • 33. Chestnut 30-50 2 9 Weymouth Pine 30-50 2 5 Chester ditto 30-50 2 5 Scotch Fir 30-50 2 10 Spruce 30-50 2 2 Larch 50-60 3 10 From this table it appears that the planting of timber trees, when the return can be waited for twenty years, will undoubtedly repay the original cost of planting as well as the interest of the money laid out, which is better worth the attention of the proprietor of land, as the ground on which they grow may be supposed good for cattle also. In Argyleshire, there are probably 40,000 acres of natural coppice wood which are cut periodically; commonly every nineteen or twenty years, and are understood to return about 1l. an acre annually. Very extensive plantations have been formed by the Duke of Argyle, and other proprietors. About thirty years ago those of his Grace were reckoned to contain 2,000,000 trees, worth then 4s. each amounting to the enormous sum of 400,000l. I knew a certain old military officer who during his early years was a captain in a militia regiment. His brother officers were a gay set of fellows, and were continually drawing on their private incomes, and often coming to him to borrow money; but he made it a rule never to spend more than his own pay, and as to money, he never had any to lend. He went down to his estate every spring and autumn, and planted as many acres of trees as his rental would allow him. His planting gave him a perpetual plea of poverty. At a certain age he retired on his half-pay. A large family was growing around him, but his woods were growing too. Many a time have I seen him, mounted on an old brood mare, with a sort of capacious game-bag across her loins, with his gun slung at his shoulder, his saws and pruning-knives strapped behind his saddle, going away into his woods: and keeping the calculations of Monteith, and of the larch plantations of Athol, in mind, I can now imagine the profound satisfaction which the old gentleman, through a long course of years, must have felt in the
  • 34. depths of his forest solitudes. He is still living, at an advanced age. His family is large, and has been expensive; but his woods were large too, and no doubt their thinnings have proved very grateful thinnings of his family charges. CHAPTER VII. GARDENS. We must now wind up, in a few words, what we have to say of the country life of the gentry, and these words must be on their gardens.
  • 35. In these, as in all those other sources of enjoyment that surround them, perfection seems to be reached. They live in the midst of scenes which, while they appear nature itself, are the result of art consummated only by ages of labour, research, science, travel, and the most remarkable discoveries. Nothing can be more delicious than the rural paradises which now surround our country houses. Walks, waters, lawns of velvet softness, trees casting broad shadows, or whispering in the stirrings of the breeze; seclusion and yet airiness; flowers from all regions, besides all the luxuries which the kitchen- garden, the orchard, conservatories, hothouses, and sunny walls pour upon our tables, are so blended and diffused around our dwellings, that nothing on earth can be more delectable. It is impossible, without looking back through many ages of English life, to form any idea of the real advantages which we enjoy of this kind, —of the immense stride we have made from the bare and rigid life of our ancestors. How many of the fruits or flowers, or culinary vegetables, which we possess in such excellence and perfection, did this country originally produce? Few, indeed, of our indigenous flowers are retained in our gardens, few of our vegetables besides the cabbage and the carrot; and what were the ancient British fruits besides the crab and the bullace? But we have only to look back to the feudal times to see the wide difference between our gardens and those then existing; for all that could be enjoyed of a garden must be compressed within the narrow boundary of the castle moat. Every thing without was subject to continual ravage and destruction; and though orchards were planted without, and suffered to take their chance, the ladies’ little parterre occupied some sheltered nook of the court, or space between grim towers: Now was there maide fast by the touris wall, A garden faire, and in the corneris set An herbere grew; with wandis long and small, Railit about, and so with treeis set Was all the place, and hawthorn hedges knet, That lyfe was now, walkyng there for bye, That myght within scarce any wight espye. The Quair, by James I. of Scotland.
  • 36. And the plot of culinary herbs occupied some sheltered spot within the moat; which when it is recollected how many other requisites of existence and defence were also compressed into the same space— soldiers, arms, and machines of war; sleeping and eating rooms; room for the stabling and fodder of horses, and often of cattle; space for daily exercise, martial or recreative; bowls, tilting or tennis, —when cooped up by their enemies, or made cautious by critical times, small indeed must have been the space or the leisure for gardens. Even in 1540, Leland in his Itinerary, tells us that our nobility still dwelt in castles, and there retained the usual defences of moats, and drawbridges. This was especially the case, the nearer they approached to the Scotch or Welsh borders; though in the vicinity of London villas and palaces had long sprung up. At Wressel Castle, near Howden, in Yorkshire, he says, “The gardens within the mote, and the orchardes without, were exceeding fair. And yn the orchardes were mounts, opere topiario, writhen about with degrees like the turnings in cokil shelles, to come to the top without payn.” The career, indeed, by which our gardens have reached their present condition, has been, as I have said, the career of many ages, revolutions, and stupendous events. It is not only curious, but most interesting to trace all those circumstances which have contributed to raise horticulture to its present eminence,—the great national events, the extension of discovery, of the arts, of general knowledge; the deep ponderings in cells and fields; the achievements of genius, of enterprise; the combinations of science, and the variations of taste which have brought it to what it is. The history of our gardening is, in fact, the history of Europe. The monks, whose religious character gave them an extraordinary security, as they were the first restorers of agriculture, so they were the first extenders and improvers of our gardens. Their long pilgrimages from one holy shrine to another, through France, Germany, and Italy, made them early acquainted with a variety of culinary and medicinal herbs, and with various fruits; and amongst the ruins of abbeys we still find a tribe of plants that they thus naturalized. The crusades gave the next extension to horticultural knowledge; the growing commerce and wealth of Europe fostered it
  • 37. still farther; and the successive magnificent discoveries of the Indies, America, the isles of the Pacific and Australia, with all their new and splendid and invaluable productions, raised the desire for such things to the highest pitch; and made our gardens and greenhouses affluent beyond all imagination. What hosts of new and curious plants do they still send us every season! From every corner of the earth are they daily reaching us: the average value of the plants in Loddige’s gardens is calculated at 200,000l. But what a blank would they now be but for the mighty spirit of commerce, the thirst of discovery, and of traversing distant regions, which animate such numbers of our countrymen, and send them out to extend our geography, geology, and natural history, or to prosecute astronomical and philosophical science under every portion of the heavens? And besides these causes, how much is yet to be accounted for by the tastes of peculiar ages—out of the peculiar studies of the times, and the singular genius of particular men thence arising. The influence of poets and imaginative writers upon the character of our gardens has been extreme. Whether an age were poetical or mathematical, made a mighty difference in the garden-style of the time. C. Matius, the favourite of Augustus Cæsar, introduced the fashion at Rome of clipping trees into shapes of animals and other grotesque forms; Pliny admired the invention, and celebrated it under the name of topiary-work; and so strongly did it take hold on the spirits of men, that it descended to all the nations of Europe, and was not exploded by us till the last century. Sir Henry Wotton, the tasteful and poetical courtier of Queen Elizabeth, and ambassador of James to Venice, with notions of the fitness of a garden far beyond his age, yet thought it “a graceful and natural conceit” in Michael Angelo to make a fountain-figure in the shape of “a sturdy washerwoman, washing and winding of linen clothes, in which act she wrings out the water which made the fountain.” And again Addison, followed by Pope and Walpole, overturned this ancient fondness for pleached walks, and tonsured trees, and quaint fountain-figures, whether of Neptunes, Niles, or washerwomen. Then the great change of the social system, from the feudal and military to civil and domestic, produced a correspondent change in
  • 38. the culture of gardens. While the country was rent to pieces by contentions for the crown, there could be little leisure or taste for gardens; but when men became peaceful, and collected their habitations into clusters, they naturally began to embellish both them and their environs. From the reign of Edward III. to that of Henry VIII. we look over a large space, and find but slight improvement in horticulture, and scanty traces of its literature. A bushel of onions in Richard II.’s reign cost twelve shillings of our present money: Henry VII. records himself, in a MS. preserved in the Remembrance Office, that apples were in his day one and two shillings each, a red one fetching the highest price; and Henry VIII.’s queen, Catherine, when she wanted a salad, sent to Flanders for it. The very first book which was written on the culture of the soil in this country, appears to be Walter de Henly’s—“De Yconomia sive Housbandria,” Then came Nicholas Bollar’s books, “De Arborum Plantatione,” and “De Generatione Arborum et Modo Generandi et Plantandi,” and some other MS. writings. Richard II. rewarded botanical skill in the person of John Bray with a pension. Henry Calcoensis in the fifteenth century composed a Synopsis Herbaria, and translated Palladius de Re Rustica into Gaelic. In the sixteenth century William Horman, Vice- Provost of Eton, wrote Herbarum Synonyma and Indexes to Cato, Varro, Columella, and Palladius; and in the same century Wynkin de Worde printed “Mayster Groshede’s Boke of Husbandry,” which contained instructions for planting and grafting of trees and vines. Arnold’s Chronicle in 1521, had a chapter on the same subject, and how to raise a salad in an hour; and Pynson published the “Boke of Surveying and Improvements.” Then came Dr. Bulleyn, Dodoneus, Sir Anthony Fitzherbert, and Tusser; and that is the history of gardens and their literature till the time of Henry VIII.; but thence to the eighteenth century,—to the days of Bridgman and Kent, what multitudes of grand, quaint, and artificial gardens were spread over the country. Nonsuch, Theobalds, Greenwich, Hampton-Court, Hatfield, Moor-Park, Chatsworth, Beaconsfield, Cashiobury, Ham, and many another, stood in all that stately formality which Henry and Elizabeth admired, and in which our Surreys, Leicesters, Essexes;
  • 39. the splendid nobles of the Tudor dynasty, the gay ladies and gallants of Charles II.’s court, had walked and talked, fluttered in glittering processions, or flirted in green alleys and bowers of topiary-work; and amid figures, in lead or stone, fountains, cascades, copper trees dropping sudden showers on the astonished passers under, stately terraces with gilded balustrades, and curious quincunx, obelisks, and pyramids—fitting objects of the admiration of those who walked in high-heeled shoes, ruffs and fardingales, with fan in hand, or in trunk-hose and laced doublets. “The palace of Nonsuch,” said Hentzner in 1598, “is encompassed with parks full of deer, delicious gardens, groves ornamented with trellis-work, cabinets of verdure (summer-houses, or seats cut in yew), and walls so embowered with trees, that it seems to be a place pitched upon by pleasure herself to dwell in along with health. In the pleasure and artificial gardens are many columns and pyramids of marble; two fountains that spout water, one round, the other like a pyramid, upon which are perched small birds that stream water out of their bills. In the grove of Diana is a very agreeable fountain, with Actæon turned into a stag, as he was sprinkled by the goddess and the nymphs, with inscriptions. Here is, besides, another pyramid of marble full of concealed pipes, which spurt upon all who come within their reach.” In the gardens of Lord Burleigh, at Theobalds, he tells us are nine knots, artificially and exquisitely made, one of which was set for the likeness of the king’s arms. One might walk two miles in the walks before he came to the end. In Hampton-Court, was a fountain with syrens and other statues by Fanelli. At Kensington were bastions and counterscarps of clipped yew and variegated holly, being the objects of wonder and admiration under the name of the siege of Troy. At Chatsworth the temporary cascade, the water-god, the copper-tree, and the jets- d’eau, still remain in all their glory. The hands of Bridgman, Kent and Brown, and the pens of Addison, Pope, and Walpole, have put all this ancient glory of Roman style to the flight; and driven us, perhaps, into danger of going too far after nature. The winding walks, the turfy lawns, the bowery shrubberies, the green slopes to the margin of waters, the retention
  • 40. of rocks and thickets where they naturally stood,—all this is very beautiful, and many a sweet elysian scene do they spread around our English houses. But in imitating nature we are apt to imitate her as she appears in her rudest places, and not as she would modify herself in the vicinity of human habitations. We are apt to make too little difference between the garden and the field; between the shrubbery and the wood. We are come to think that all which differs from wild nature is artificial, and therefore absurd. Something too much of this, I think, we are beginning to feel we have had amongst us. It has been the fashion to cry down all gardens as ugly and tasteless, which are not shaped by our modern notions. The formalities of the French and Dutch have been sufficiently condemned. For my part, I like even them in their place. One would no more think of laying out grounds now in this manner, than of wearing Elizabethan ruffs, or bag-wigs and basket-hilted swords; yet the old French and Dutch gardens, as the appendages of a quaint old house, are in my opinion, beautiful. They are like many other things—not so much beautiful in themselves, as beautiful by association—as memorials of certain characters and ages. A garden, after all, is an artificial thing; and though formed from the materials of nature, may be allowed to mould them into something very different from nature. There is a wild beauty of nature, and there is a beauty in nature linked to art: one looks for a very different kind of beauty in fields and mountains, to what one does in a garden. The one delights you by a certain rude freedom and untamed magnificence; the other, by smoothness and elegance—by velvet lawns, bowery arbours, winding paths, fair branching shrubs, fountains, and juxta-position of many rare flowers. It appears to me that it is an inestimable advantage as it regards our gardens, that the former taste of the nation has differed so much from its present one. Without this, what a loss of variety we should have suffered! If the taste of the present generation had been that of all past ages, what could there have been in the gardens of our past kings, nobles, and historical characters to mark them as strongly and emphatically as they are now marked? They now, indeed, seem to belong to men and things gone by; and I
  • 41. would as soon almost see one of our venerable cathedrals rased with the ground, as one of those old gardens rooted up. There is something in them of a sombre and becoming melancholy. They are in keeping with the houses they surround, and the portraits in the galleries of those houses. When we wander through the pleached alleys, and by the time-stained fountains of these old gardens, perished years indeed seem to come back again to us. In the centre of some vast avenue of majestic elms or limes, sweeping their boughs to the ground, “the dial-stone aged and green” arrests our attention, and points not to the present hour, but to the past. Our historic memories are intimately connected with such places. Our Howards, Essexes, Surreys, and Wolseys, were the magnificent founders and creators of such places; and in such, Shakspeare and Spenser, Milton and Bacon, and Sidney mused. It is astonishing what numbers of our poets, philosophers, and literati, are connected with the history of our gardens by their writings, or love of them. Sir Henry Wotton, Parkinson, Ray, John Evelyn, Sir Walter Raleigh, Bacon, Addison, Pope, Sir William Temple, who not only wrote “the Garden of Epicurus,” but so delighted in gardening that he directed in his will that his heart should be buried beneath the sun-dial in his garden at Moor-Park in Surrey, where it accordingly was deposited in a silver box: Horace Walpole, Locke, Cowley, Shenstone, Charles Cotton, Waller, Bishop Fleetwood, Spence, the author of Polymetis, Gilpin of the Forest Scenery, Mason, Dr. Darwin, Cowper, and many others, have their fame linked to the history or the love of gardens. There is something very interesting too, in the biography of our old patriarchs of English gardening. There is scarcely one of those large nurseries and gardens round London but is connected with them, as their founders, or improvers—as the Tradescants of Lambeth,—London and Wise of Brompton,—Philip Miller of Chelsea, —Gray of Fulham,—Furber of Kensington,—Lee of Hammersmith. It is cheering to observe how much our monarchs, from Henry VIII. to George III. were, with their principal nobility, almost to a man, whatever was their character in other respects, not even excepting the dissipated Charles II., munificent patrons of gardening, and founders of grand gardens. It is interesting to read of the giant
  • 42. labours, and now apparently curious locations of our early gardeners and herbalists. How Dr. Turner imbibed botanical knowledge from Lucas Ghinus at Bologna, and came and established a “garden of rare plants” at Kew; while Mrs. Gape had another at Westminster, which furnished the first specimens for Chelsea garden. How Ray, and Lobel, and Penny, roamed everywhere in search of new plants. How Didymus Mountain published his “Gardener’s Labyrinth:” how Sir Hugh Platt, of Lincoln’s-Inn, gentleman, wrote the Jewel House of Art and Nature, the Paradise of Kew, and the Garden of Eden, and had, moreover, a garden in St. Martin’s Lane. How the “Rei Rusticæ” of Conrad Heresbach, counsellor to the Duke of Cleve, was translated by Barnaby Googe, and reprinted by Gervase Markham, gentleman, of Gotham in Nottinghamshire. How old John Gerarde travelled, when young, up the Baltic, and had his “Physick Garden” in Holborn. How John Parkinson travelled forty years before he wrote his “Paradisus,” and was appointed by Charles I. for his Theatre of Plants, Botanicus Regius Primarius. How Gabriel Plattes, though styled by his cotemporaries, “an excellent genius,” and “of an adventurous caste of mind,” died miserably in the streets. How Walter Blythe of Oliver Cromwell’s army wrote the “Survey of Husbandry,” which Professor Martyn pronounces “an incomparable work.” How Samuel Hartlib, the son of a Polish merchant, the friend of Milton, of Archbishop Usher and Joseph Meade, wrote his “Legacy,” and assisted in establishing the embryo Royal Society; how John Tradescant was in Russia, and accompanied the fleet sent against the Algerines in 1620, and collected on that occasion plants in Barbary, and in the isles of the Mediterranean; and how his son John, afterwards made a voyage in pursuit of plants to Virginia, “and brought many new ones back with him.” How their Museum, established in South Lambeth, and called “Tradescant’s Ark,” was the constant resort of the great and learned; how it fell into the hands of Elias Ashmole, and became the Ashmolean Museum. These, and such facts, shew us by what labours and steps our present garden-wealth has been raised; and diffuse an interest over a number of places familiar to us. Go, indeed, into what part of the island we will, we find some object of attraction and curiosity in the
  • 43. gardens attached to our old houses. As the coach passes the residence of Colonel Howard, at Leven’s Bridge in Westmoreland, it stops, the passengers get out, and mount upon its top, and there behold a fine old Elizabethan house, standing in the midst of a garden of that age, with all its topiary-work, its fountains, statues, and lawns. At Stonyhurst in Lancashire, now a Jesuit’s College, I was delighted to find a beautiful old garden of this description, which I have elsewhere described; and at Margam Abbey in South Wales, I found a fine assemblage of orange trees, the very trees which Sir Henry Wotton sent from Italy as a present to James I. These trees had been thrown ashore here by the wreck of the vessel, and the owner of the place, by the king’s permission, built a splendid orangery to receive them, which stood in the centre of a garden surrounded on three sides by woody hills; and in which fuchsias, at least ten feet high, with stems thick as a man’s arm, were growing in the open air, and tulip-trees large as the forest trees around. But what gave a still greater charm to this garden was, that the ruins of a fine old abbey stood here and there on its lawn; arches, overgrown with bushes, and the graceful pillars of a noble chapter- house, around whose feet lay stones of ancient tombs and curious sculpture. These are the things which give so delicious a variety to our English gardens: and when we bear in mind that many of those artifices and figures which we have been accustomed to treat with contempt as Dutch, are in reality Roman; that such things once stood in the magnificent gardens of Lucullus and Sallust; that the Romans gathered them again from the Eastern nations; that they are not only classical, but that, like many of the rites of our church and religious festivals, they are the reliques of the most ancient times, I think we shall be inclined to regard them with a greater degree of interest—not as objects to imitate or to place in any competition with our own more natural style, but as things which are of the most remote antiquity, and give a curious diversity to our country abodes. For my part, when I see even a fantastic peacock spreading its tail in yew in some old cottage or farm-house garden I think of Pliny and his admiration of such topiary-work, and would not have it cut down for the world. Even those summer-houses built in
  • 44. trees, such as that built by the King of Belgium, in Winter-Down wood, near Claremont; a sketch of which is presented in the title- page—were Roman fancies; were formed, Pliny tells us, amid the branches of any monarch trees that grew within their grounds, and that even Caligula had one in a plane-tree, near his villa at Velitræ, which he called his Nest. Here then to all the sweet nests of English gardens, new or old, we bid adieu, with blessings on their pleasantness. CHAPTER VIII. COUNTRY EXCITEMENTS. Before closing this department of my work, I must just glance at a few occurrences which serve to give an occasional variety to rural life, and may be classed under the head of Country Excitements. These are races, race-balls, county-balls, concerts, musical festivals, elections, assizes, and confirmations. It will not be requisite to do more than merely mention the greater part of these, for, to describe at length the race-ball and county-balls, the winter concerts of the county town and the musical festivals, would require a separate volume, and they indeed, after all, belong more to the town than to the country. Having, therefore, simply pointed them out as sources of occasional variety to wealthy families during their stay in the country, I shall confine myself in these concluding remarks, to those few particulars which belong more entirely to my subject. Balls and musical exhibitions are sufficiently alike everywhere, to need no distinct details here. It is enough that they serve to break the rural torpor of those who regard existence as only genuine during the London season. The application of the profits both of these balls, and of the musical festivals that have of late years been held in different places, to the support of infirmaries, and to other public objects of benevolence, deserves the highest commendation. Thus dismissing these amusements, neither I nor my readers, I am sure,
  • 45. would wish to have the uproar and exasperation of the county election introduced into this peaceful volume; enough that when it does come to the country Hall, it comes, often as a hurricane, and frequently shakes it to the foundation, leaving in its track debts and mortgages, shyness between neighbours, and rancour amongst old friends. It would not be giving a faithful view of country life, however, were we to keep out of sight all agitating causes, and all existing drawbacks to the felicity for which such ample materials exist in it. Surveying those splendid materials, as displayed in the preceding chapters,—those abundant means and opportunities, which the wealthy possess for enjoying their lives in the country;—it would be giving a most one-sided view of the rural life of the rich, if we left it to be inferred that “the trail of the serpent” was not to be perceived at times on the fair lawns, and up the marble steps of rural palaces; that the great “Bubbly-Jock,” (Turkey-Cock) which Scott contended that every man found in his path did not shew himself there. The Serpent and the Bubbly-Jock which disturb and poison the rural life of the educated classes in England, are the very same which dash with bitter all English society in the same classes. They are the pride of life, and the pride of the eye. They are that continual struggle for precedence, and those jealousies which are generated by a false social system. Every man lives now-a-day for public observation. He builds his house, and organizes his establishment, so as to strike public opinion as much as possible. Every man is at strife with his neighbour in the matter of worldly greatness. The consequence is, that a false standard of estimation, both of men and things, is established—shew is substituted for real happiness; and no man is valued for his moral or intellectual qualities, so much as for the grandeur of his house, the style of his equipage, the richness of his dinner service, and the heavy extravagance of his dinners. The result of this is, that most are living to the full extent of their means, many beyond it, and few are finding, in the whole round of their life, that alone, which better and higher natures seek—the interchange of heart and mind, which yields present delight, creates permanent attachments, and fills the memory with enduring satisfaction.
  • 46. This, it must be confessed, is a wretched state of things; but it is one which every person conversant with society knows to exist, and which intelligent foreigners witness with unfeigned surprise. The worst of it is that this unnatural system of life becomes the most sensibly felt in the country. In large towns every man finds a sufficient circle after his own taste: there the petty influences of locality are broken up by the multitude of objects, and the ample choice in association. But in small towns, and country neighbourhoods, where wealthy or educated families are thinly scattered, nothing can be more lamentable, and, were it not lamentable, nothing could be more ludicrous, than the state of rivalry, heart-burning, jealousy, personal mortification, or personal pride, from mere accidents of condition or favour. The titled have a fixed rank, and are comparatively at their ease, but in the great mass of those who have wealth, more or less, without title, what a mighty and eating sore is the struggle for distinction. In the little town, or thinly-scattered neighbourhood, every one is measuring out his imaginary dignity to see if it does not exceed, at least by some inches, that of one or other of his neighbours. The lower you descend in the scale, the more exacting becomes the spirit of exclusiveness. The professions look down upon the trades; the trades on one another. Everywhere the same uneasy spirit shews itself. Nothing can be more ludicrous, or amusing to the philosophic spectator, than to observe how leadership is assumed in every country neighbourhood by certain wealthy families; how carefully that leadership is avoided and opposed by other families. How the majority of families aspire to move in one or the other circle; what wretched and anomalous animals those feel themselves that are not recognised by either. How the man who drives his close carriage looks down upon him who only drives his barouche or phaeton; how both contemn the poor occupier of a gig. I have heard of a gentleman of large fortune who, for some years after his residence in a particular neighbourhood, did not set up his close carriage, but afterwards feeling it more agreeable to do so, was astonished to find himself called upon by a host of carriage-keeping people, who did not seem previously aware of his existence; and rightly deeming the
  • 47. calls to be made upon his carriage, rather than himself, sent round his empty carriage to deliver cards in return. It was a biting satire on a melancholy condition of society, the full force of which can only be perceived by such as have heard the continual exultations of those who have dined with such a great person on such a day, and the equally eager complaints of others, of the pride and exclusiveness they meet with; who have listened to the long catalogue of slights, dead cuts, and offences, and witnessed the perpetual heart-burnings incident to such a state of things. These are the follies that press the charm of existence out of the hearts of thousands, and make the country often a purgatory where it might be a paradise. There is another cause which diminishes in a great degree the enjoyment that might be found in the country, and that is, the almost total cessation of walking amongst the wealthy. Since the universal use of carriages, for anything I can see, thousands of people might just as well be born without legs at all. It would be easy to move them from the bed to the carriage,—thence to the dinner-table, and again to bed. In the country, and especially in the country not far from towns, how rarely do you see the rich except in their luxurious carriages! How rarely do you meet them walking, or even on horseback, as you used to do! Sir Roger de Coverley rode on horseback to the assizes in his day—were he living now, he would roll there in his carriage—lest some one should imagine that he had mortgaged his estate, and laid down his carriage in retrenchment. During the twelve months that I have resided in this neighbourhood —a neighbourhood studded all over with wealthy houses, nothing has surprised me, and the friends who have visited me here, so much as the great rarity of seeing any of the wealthy classes on their legs. With the exception of the Queen and her attendant ladies, who during the then Princess’s abode at Claremont, might be every day met in the winter, walking in frost and snow, and facing the sharpest winds of the sharpest weather, I scarcely remember to have met half-a-dozen of the wealthy classes on foot a mile from their residences. And yet what splendid, airy heaths, what delicious woods, what nooks of bowery foliage, what views into far landscapes, are there all around! It is true, as some of them have
  • 48. observed, that they walk in their own grounds; but what grounds, however beautiful, can compensate for the fresh feeling of the heath and the down; for the dim solemnity of the wild wood; for open, breezy hills, the winding lane, the sight of rustic cottages by the forest side, the tinkle of the herd or the sheep-bell, and all the wild sounds and aspects of earth and heaven, to be met with only in the free regions of nature? They who neglect to walk, or confine their strolls merely to the lawn and the shrubbery, lose nine-tenths of the enjoyment of the country. Those young men, whom it is a pleasure to see with their knapsacks on their backs ranging over moor and mountain, by lake or ocean, in Scotland or Wales, taste more of the life of life in a few summer months than many dwellers in the country ever dream of through their whole existence. I speak advisedly, for I traverse the country in all directions, let me be where I will; and if any ladies think themselves too delicate for walking, I can point them out delicate ladies too that have made excursions on foot through mountain regions of five hundred miles at a time, and recur to those seasons as amongst the most delightful of their lives. But my desire that all should make their country life as happy as it is capable of being made—which must be by living more to nature and less to fashion—by using both their physical and moral energies; by respecting themselves, and leaving the respect of others to follow as the natural result of a true and pure tone of spirit—is detaining me too long. I must hasten on; and amongst the most prominent of the country excitements, give a passing word to racing. If any one wishes to know how far the turf influences the course of country life, he has only to read the following passage from Nimrod. “Deservedly high as Newmarket stands in the history of the British turf, it is but as a speck on the ocean when compared with the sum total of our provincial meetings, of which there are about one hundred and twenty in England, Scotland, and Wales—several of them twice in the year. Epsom, Ascot, York, Doncaster, and Goodwood, stand first in respect of the value of the prizes, the rank of the company, and the interest attached to them in the sporting world; although several other cities and towns have lately exhibited very tempting bills of fare to owners of good race-horses. In point of antiquity we believe
  • 49. the Roodee of Chester claims pre-eminence of all country race- meetings;—and certainly it has long been in high repute. Falling early in the racing year—always the first Monday in May—it is most numerously attended by the families of the extensive and very aristocratic neighbourhood in which it is placed; and always continues five days.”—The Turf, p. 246. Every one who has seen the crowds of wealthy people who flock to a celebrated race-meeting, and throng the stand and the carriage stations, with brilliant dresses and gay equipages, may imagine, then, how much excitement is spread through that class of society during their stay in the country; by one hundred and twenty race- meetings in one quarter or other of the island; especially as the greater part of these occur during the months that they are absent from town. So having read the passage quoted from Nimrod, he has only to turn to the volume itself—a volume written with great ability; and, making allowance for the author’s sporting predilections, in an excellent spirit, and he will thus find that course described as such a horrible resort of blacklegs and desperadoes, of traitorous jockeys and poisoning trainers, as makes one at once recoil from the recital, and wonder that our young nobles and gentlemen should commit themselves and their fortunes to such hands; or that the fair and the refined should consent to gaze on such a scene of infamy. Hear Nimrod’s own words—“How many fine domains have been shared amongst these hosts of rapacious sharks, during the last two hundred years! and unless the system be altered—how many more are doomed to fall into the same gulf! For, we lament to say, the evil has increased; all heretofore, indeed, has been ‘tarts and cheesecakes’ to the villanous proceedings of the last twenty years on the English turf.” Let us move on to less repulsive scenes. Amongst these may be reckoned the periodical arrivals of the bishops and the judges. The arrival of the bishop to perform the ceremony of confirmation, is but a triennial occurrence, but it is one of the most imposing of the rites of the church. The flocking of the clergy and their families to town; the processions of country children on foot, and led by the parish clerk or schoolmaster, or in carts and other rustic vehicles; the gathering of the children of the rich
  • 50. towards the church in their white dresses, and in gay carriages; the assembling of all classes in the common temple of their religion; the solemnity of the address and the imposition of hands by the prelate; the stately music of the organ, and the silent looking on of the congregated people—all combine to produce a very striking spectacle—a spectacle which to those who believe in its essentiality and efficacy, has something in it touching and beautiful. But perhaps the parade of the assize time, is the most picturesque of this class of occurrences. There is more of the old English ceremony, custom, and costume about it. The judges who go through the land as the representatives of majesty, certainly go through it en prince. Nothing can be more unlike than their progress to, and their state in, the courts in town, and the same things in their provincial tour of justice. In town you may see the Lord Chief Justice mount his horse at his own door, and ride quietly away towards Westminster Hall. You may see Lord Abinger in the Court of Exchequer, sitting very much at his ease in his black gown and wig of modest dimensions, dispatching business in a work-a-day manner; but in the country you find these very men arrayed in their scarlet and ermine, seated in much greater state, and dispensing justice in a much fuller court than, except on extraordinary occasions, attends them in town. The high-sheriff of every county, selected from its best families, in preparation for the arrival of the county judge, has put his equipage and train in order. His carriage, his horses, his harness, all have undergone a rigid examination, and are all put into the highest condition that paint, gilding, varnish, lining, and plate, can bestow; or if he be a young man of some spirit and ambition, he has purchased a new carriage for the occasion. His tenants and household servants, to the number of forty or fifty, have been put into a new livery in the cut of the old yeomen, and generally of some bright or peculiar colour, green, blue, white, or delicate drab, as indeed the livery of the gentlemen may be. Mounted on their horses, and with their javelins or halberds, and preceded by two trumpeters, who, old Aubrey can tell you, are a very ancient essential on such occasions, they escort the sheriff on his way to meet the judges. The
  • 51. sheriff who has thus showily appointed what are provincially termed his javelin-men, has not in the meantime neglected himself. He has put on at least a court dress, and in cases where he has happened to be a man of taste, and a man of figure to boot, he has put on a rich suit of the fashion of Sir Charles Grandison, or of some one of his ancestors, as he stands in full-length portraiture in his family gallery. He issues from his hall, arrayed perhaps in a rich mulberry coloured coat with huge embroidered cuffs and button-holes, huge gold buttons, and lining of primrose serge; a splendid waistcoat of gold brocaded satin, with ample pockets and flaps reaching half-way to his knees; satin breeches, and silk stockings with immense clocks; large gold buckles at his knees and upon his shoes. Add to this his sword, his cocked hat, and his cravat and ruffles of fine point lace, and you have the high-sheriff in all his glory, just as we saw him in one of our county assize courts not many years ago, sitting on the right hand of the judge; and it must be confessed in admirable keeping with his old-world robes of scarlet and ermine. Well, he enters the county town with his troop of javelin-men, his trumpeters blowing stoutly before him. He takes up his lodgings there, and on the morning of the judge’s approach, he marches out in the same style, followed by a long train of the gentlemen and tradesmen of the place, who are anxious to testify their respect to the ancient forms of justice, and the representative of the monarch. He advances some mile or two on the way by which the judge is to arrive. There the procession halts, generally in a position which commands a view of the road by which the judge is expected. Anon, there is a stir, a looking out amongst them, your eye follows theirs, and you see a carriage, dusty and travel-soiled, come driving rapidly on. It is that of the judge. As they drive up, the javelin-men and gentlemen uncover; the sheriff descends from his carriage; his gowned and bewigged lordship descends from his; the sheriff makes his bow and his compliments; the judge enters the carriage of the sheriff with him, his own carriage falls into the rear, and the procession now moves on towards the town, with bannered trumpets blowing, and amid a continually increasing crowd of spectators. There is something very quaint and old English in the
  • 52. whole affair; and as I have seen the sheriff and his train thus, waiting the approach of the judge on some rising ground in the public road, the scene has brought back to my imagination a feeling of the past times—simpler in heart than the present, but more formal in manner, and perhaps fonder of solemn parade. But the bells are ringing merrily to welcome the learned judge, and thousands are thronging to see the sight of the sheriff and his men, and to catch a glimpse of the judge’s wig as the coach passes, and many of them to wonder how the sheriff can seem so much at his ease with such an awful man: while within the strong walls of the prison, the sounds of bells and the trampling feet of the crowds without, are causing stout hearts and miserable hearts to tremble and feel chill. Well, the procession and the throng “go sounding through the town,” and the court being opened in due form, they arrive at the judge’s lodgings, whence, after a suitable time allowed for the judge’s refreshment, they proceed to church. Whatever may be the effect of this custom of the judge’s going to church before proceeding to discharge his awful duties of deciding upon the destinies of his fellow men, it is a beautiful one, and bespeaks in those who instituted it, a just sense of the value of human life, and of the true source whence all right judgment must proceed. It was well, and more than well, that the judge should be sent to hear from the Christian minister, that the temper in which a judge should sit to decide the fate of his fellow mortals, should be that of the Christian —the divine union of justice and mercy. It was well that he should be reminded that every act of his judgment in the court about to open, must one day be rejudged, in a court and before a judge, from which there can be no appeal. As they move on towards the great mother-church, thousands on thousands throng to gaze. Every window presents its quota of protruded heads; every flight of steps before the doors of houses, and every other elevated spot, is occupied. Boys are hanging by lamp-posts, and on iron palisades, like bats. The procession used to be much enlivened by the presence of the mayor and corporation in their robes, and with the mace borne before them; but the New
  • 53. Corporation Act has led to a woful stripping of this pageant. The sheriff selects the clergyman to preach on the occasion, who is generally some young friend or relative whom he wishes to bring into notice. This ceremony being over, the judge returns to the court; the grand jury, selected from the gentlemen of the county, present their bills, and the trials proceed. In the sheriff’s gallery may be seen some of his friends, perhaps the ladies of his family and other acquaintances, with others, all introduced by ticket; on the bench by the judge, may often be seen seated with the sheriff, some great man or lady of the neighbourhood, especially if some trial in which one of their own body, some disputed will which involves a large property, or similar cause of interest, draws them from their homes, and fills the court to suffocation. While the court continues, day by day you see the train of javelin-men come marching on foot with the state carriage of the sheriff, to conduct him from his lodgings to those of the judge, and back again at the close of the court in the evening, till the trials are ended; and judge, sheriff, gay carriage, with its splendid hammer-cloth, jolly coachman, and slim footmen, in their cocked hats and flaxen wigs, javelin-men, and crowd, all meet and vanish away, and the excitement of the assize is over for another half-year. Such are the principal country excitements; and to these may be added those of another class, which have sprung up of late years, and have done much good—the floral and horticultural shews. These have been warmly patronized by the aristocracy; and it forms a striking feature in modern country life, to see carriages and pedestrians hastening, on certain days to certain places, where different flowers and fruits, in their respective seasons, are displayed with great taste, and with brilliant effect. The place of meeting is sometimes at a country inn, where, on the bowling-green, tents are pitched, in which the flowers or fruits are exhibited, and the whole scene is extremely gay. Such a one I saw at Kingston Hill, near Richmond Park—a Dahlia shew: on the end of the house an invitation to all England being gorgeously emblazoned in dahlia- flowers, surmounted by the crown royal, and the good English initials Q. V.; looking as though the worthy horticulturists meant to
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