their better fame, that of being
understood by all their countrymen, Ascham boldly avowed the design of
setting an example, in his own words, TO SPEAK AS THE COMMON PEOPLE,
TO THINK AS WISE MEN. His pristine English is still forcible without
pedantry, and still beautiful without ornament.[15] The illustrious
BACON condescended to follow this new example in the most popular of
his works. This change in our literature was like a revelation; these
men taught us our language in books. We became a reading people; and
then the demand for books naturally produced a new order of authors,
who traded in literature. It was then, so early as in the Elizabethan
age, that _literary property_ may be said to derive its obscure origin
in this nation. It was protected in an indirect manner by the
_licensers_ of the press; for although that was a mere political
institution, only designed to prevent seditious and irreligious
publications, yet, as no book could be printed without a licence,
there was honour enough in the licensers not to allow other
publishers to infringe on the privilege granted to the first
claimant. In Queen Anne's time, when the office of licensers was
extinguished, a more liberal genius was rising in the nation, and
_literary property_ received a more definite and a more powerful
protection. A limited term was granted to every author to reap the
fruits of his labours; and Lord Hardwicke pronounced this statute "a
universal patent for authors." Yet, subsequently, the subject of
_literary property_ involved discussion; even at so late a period as
in 1769 it was still to be litigated. It was then granted that
originally an author had at common law a property in his work, but
that the act of Anne took away all copyright after the expiration of
the terms it permitted.

As the matter now stands, let us address an arithmetical age--but my
pen hesitates to bring down my subject to an argument fitted to "these
coster-monger times."[16] On the present principle of literary
property, it results that an author disposes of a leasehold property
of twenty-eight years, often for less than the price of one year's
purchase! How many living authors are the sad witnesses of this fact,
who, like so many Esaus, have sold their inheritance for a meal! I
leave the whole school of Adam Smith to calm their calculating
emotions concerning "that unprosperous race of men" (sometimes this
master-seer calls them "unproductive") "commonly called _m