TOL

great horror of that gloomy and arbitrary court and its secret proceedings; they had heard of its deeds in Spain, and they determined to resist its introduction into their country, even by force of arms if necessary. The tumult began about the middle of May, when the people tore down the placards containing the edict which sanctioned the establishment of the Inquisition, from the gates of the archbishop's palace. A cry of To arms!' resounded through the streets and squares; most of the nobles, who hated Toledo for their own reasons, joined the citizens in their resistance. The people turned out some of their municipal magistrates, whom they suspected of being for the viceroy, and elected others without the viceroy's sanction; and Toledo having resented this proceeding, the people took up arms, and attacked the Spanish soldiers who garrisoned the castles. The Spaniards fired with cannon into the city, and the people cut down all Spaniards whom they found straggling. The viceroy, having seized some of the head rioters, caused them to be summarily executed, which added fuel to the flame, and the citizens and nobles formed themselves into a union or patriotic convention, taking for their motto, For the service of God, the emperor, and the city of Naples;' stigmatising as traitors to their country those who did not join the union. The union sent as envoys to Charles V. the prince Sanseverino and another nobleman, refusing meantime obedience to the viceroy, who remained in the castle with his Spanish soldiers and a few Neapolitan adherents, and the town was without any regular government. Frequent skirmishes took place in the streets between the viceroy's men and the people; many individuals were killed, and houses were plundered. At last the answer came from Charles V., commanding the citizens to lay down their arms, with secret instructions to the viceroy to proceed leniently and prudently in the

matter.

On the 12th of August Toledo signified to the deputies of the city the will of the emperor that the Inquisition should not be established in Naples; that the past should be forgotten, except as to some of the principal leaders of the insurrection, who were obliged to emigrate; and that the city should pay one hundred thousand crowns as a fine. And thus this serious affair was hushed up, but the Neapolitans gained their point, and the tribunal of the Inquisition was never established at Naples, though persons accused of heresy were tried by the common ecclesiastical court, and several of them were put to death by the concurrence of the lay power. The prince Sanseverino, who haddispleased Charles V., thought it prudent to emigrate to France, and was outlawed. [TASSO, BERNARDO.] In July, 1552, a large Turkish fleet, under Dragut Raïs and Sinan Pasha, anchored near Procida, at the entrance of the Bay of Naples, when the emigrant prince Sanseverino of Salerno was to have joined them with a French squadron; but the viceroy, it is said, by means of a large bribe, induced the Turkish commanders to leave the coast before the arrival of the French.

Towards the end of the same year the viceroy, although old and infirm, was desired by Charles V. to march to Siena in Tuscany, which republíc had thrown off the protection of the emperor and admitted a French garrison. Don Pedro having sent most of the troops by land, embarked with the rest for Leghorn. On arriving there he fell seriously ill, and was removed to Florence. The duke Cosmo de' Medici had married his daughter Eleonora. He expired at Florence, in February, 1553, after having administered the kingdom of Naples for more than twenty years. He is by far the most distinguished in the long list of the Spanish governors of Naples, and one of the few who are still remembered with feelings of respect by the Neapo

litans.

(Giannone, Storia Civile del Regno di Napoli; Botta, Storia d'Italia.)

24

TOLEDO, TABLES OF. The Moors brought astronomy into Spain at the beginning of the eleventh century, and about the year 1080 tables were calculated for the meridian of Toledo, by Arzachel. Of these tables there was no specific account till the time of Delambre, and no printed publication of them has ever been made. It was usual to state that they were intended as an improvement on the tables of Albategnius, that their character never was very high, and that the Alphonsine Tables [ALONSINE TABLES] were intended as an improvement upon them. (Hist. Astron. Moyenne, p. 175) examined two manuscript Delambre

|

TOL

Latin translations of the tables, which he found in the
Royal Library at Paris; and his report of their contents is
what might have been expected. The theory and nume-
rical quantities employed are in almost every instance
those of Ptolemy, and there is only just enough of original
observation to establish the fact that the Toledine observ-
ers were very bad ones.
TOLENTINO. [MACERATA.]

The

two words more commonly expresses a feeling or habit of mind, and the former an overt act, or a realization in TOLERATION, TOLERANCE. The latter of these greater or less degree of the feeling in the institutions of a political society. This distinction is not always strictly observed, but will be found generally a correct one. word tolerance suggests a consideration of the feeling, in its moral aspect of a virtue; while the word toleration opens out for discussion the political questions of the toleration of opinions on government, morals, and religion, by the governing power in a state, and more especially of religious toleration.

of toleration by the governing power in a state, depend, to a great extent, on the same principles. The general reaThe virtue of tolerance in an individual, and the duty the general reasons for the limits to both; but the fields sons for the one and for the other are the same, and so are within which toleration is to be exercised by a private individual and by the governing power in a state, and within which the respective exceptions arise, are different; and while the rule of private tolerance is simple and comprehensive, and of uniform application, the extent of statetoleration and the modes of its exercise must necessarily vary with the varying circumstances of political societies. tolerant of every action honestly meant and every sincere The duty of one individual towards another is to be opinions which are not put forth in truthfulness and for truth's sake, every individual is called upon to reprobate, opinion. Actions which proceed from bad motives, and without reference to the tendency of the action or of the opinion itself, but for the motive, which is inimical to general happiness. [MORALS.] Motives then, which are moral habits or dispositions, are the grounds of tolerance or intolerance between individuals. The governing power in a state, on the other hand, has to consider actions and opinions in themselves, and without reference to the motives in which they may originate. This is indeed the fundamental distinction between the provinces of morals and legislation; that of the first embracing motives or dispositions, and that of the second, overt acts. The private individual then is required to be tolerant of all actions and opinions, save those that proceed from vicious motives. The governing power in a state is required to tolerate all actions and opinions, save those that have a tendency detrimental to the general happiness, which it is the business of that governing power to watch over and to promote to the utmost. In both cases, tolerance as a general rule, is the fundamental principle alike of morals and of politics, and which is now understood by every one, whether and the respective exceptions, are dictated by that which he approve or object to the name, under the name of the greatest-happiness-principle. It is assumed that the faculties of thought, of feeling, and of action, with which man has been endowed by God, have been given to be exercised, and with a design that their exercise should conduce to the happiness of individuals and of mankind. exercise of these faculties by an individual which has a contrary tendency, the moral affections of his fellow-men revolt at; and men deal out to one another disapprobation of injurious feelings and motives, and support with their opinion the governing power, to which they yield political publications of opinion. Thus do the feelings of men opeobedience, in the repression of injurious acts and injurious in a manner contrary to his purpose, to their original design. rate to turn back the gifts of Providence, which are used But apart from moral disapprobation of injurious motives and dispositions, and from the repression of injurious acts and injurious publications of opinion, by the governing power in a state, the great end of human happiness requires the fullest freedom of thought and action. An individual should be tolerant of all honest differences of opinion for the sake of truth, which is best promoted by discussion, and the promotion of which promotes human happiness; and friendly feelings, which not only conduce directly to and for the sake of peace and of the maintenance of kindly

Any

It is the duty of the governing power in a state also, watching over and availing itself of every means to forward the moral welfare of its members, to repress immoralities, whether of action or of published opinion. The same question will occur, as in the former case, as to whether prosecution in many cases will not thwart rather than forward its object; but to abstain from prosecuting on the ground of prudence is not to tolerate, and there will be no dispute as to the propriety of excepting from toleration in a state, open acts of lewdness and indecency, the exhi-blishment: Under the idea of religious toleration I include bition of indecent prints, immoral books, &c.

But where a church establishment exists, there has at the state is a needless violation of natural liberty, and is once been made a distinction between one set of religious an instance in which constraint is always grievous. Perseopinions and all others, and power and preeminence have cution produces no sincere conviction, nor any real change been given to the holders of the favoured religion over of opinion: on the contrary, it vitiates the public morals, those of all other religious denominations. They who by driving men to prevarication; and commonly ends in are thus powerful and preeminent will, in human nature, a general though secret infidelity, by imposing, under be prone to use their advantages to the prejudice of those the name of revealed religion, systems of doctrine which who dissent from their own religious views; and the men cannot believe, and dare not examine; finally, it dishistory of all states accordingly presents a series of strug-guises the character and wounds the reputation of Chrisgles between the dominant religion and other sects; the tianity itself, by making it the author of oppression, cruelty, first striving to suppress by violent punishments, or by and bloodshed. exclusion from civil privileges, all whose religious tenets are not those of the establishment, and the latter fighting for the rights of conscience and the cause of free discussion of truth. Here there is an inequality to begin with, which is submitted to. The holders of a particular religion are taken under the protection of the governing power in the state, and by it used for the general education of the nation, and for the performance of public ceremonies of religion; the state endows its ministers, and confers upon them social honours, such as it is in the power of a government to confer. But together with this inequality there may and there ought to be toleration of all other religions, so as to allow of the public profes-examine, however, the sects of Christianity which actually sion of them, and to admit the holders of them to all offices and privileges, save those which are connected with the established church. This toleration is compatible with an efficient establishment for religion, and is required, for the sake of truth and of the rights of individual conscience, by a public policy grounded on the general happiness. Let then a church establishment exist as a means by which the governing power in a state may most effectually educate its people, and maintain and promote their civilization; and at the same time let all who dissent from the established religion pursue in peace the worship which they severally approve of, and let all members of the state, of whatever religious denomination, participate equally in civil rights, except so far as such participation may tend to destroy the church establishment.

Concerning the admission of dissenters from the established religion to offices and employments in the public service (which is necessary to render toleration complete), doubts have been entertained with some appearance of reason. It is possible that such religious opinions may be holden as are utterly incompatible with the necessary functions of civil government; and which opinions consequently disqualify those who maintain them from exercising any share in its administration. . . . This is possible; therefore it cannot be laid down as a universal truth, that religion is not in its nature a cause which will justify exclusion from public employments. When we prevail in the world, we must confess that, with the single exception of refusing to bear arms, we find no tenet in any of them which incapacitates men for the service of the state. It has indeed been asserted that discordancy of religions, even supposing each religion to be free from any errors that affect the safety or the conduct of government, is enough to render men unfit to act together in public stations. But upon what argument, or upon what experience, is this assertion founded? I perceive no reason why men of different religious persuasions may not sit together upon the same bench, deliberate in the same council, or fight in the same ranks, as well as men of various or opposite opinions upon any controverted topic of natural philosophy, history, or ethics.' (pp. 470-3.)

The history of the literature of toleration generally, and in our own country in particular, and the history of religious toleration itself in the several European states, and particularly in England, are subjects all of them interesting, but any one of which it would be impossible to treat within the limits of this article. The leading points of the history of religious toleration in our own country are indicated in the article DISSENTERS.

Such is the clear, cogent, and temperate statement of There is no part of Dr. Paley's well-known treatise on the question of religious toleration by an eminent member Moral and Political Philosophy' of greater merit than the of the Church of England. The question has been treated chapter Of Religious Establishments and of Toleration.' at greater length, from different points of view, and with Having contended for the existence of a church establish- differences of opinion in detail, but always with eminent ment, and having in the course of his argument for this advantage to the cause of toleration, whose progress in purpose laid down the two propositions, that any form of England has been materially aided by them, by ChillingChristianity is better than no religion at all, and that, of dif-worth in his Religion of Protestants a safe Way to Salvaferent systems of faith, that is the best which is the truest, tion,' by Jeremy Taylor in his Liberty of Prophesying,' he proceeds: Toleration is of two kinds; the allowing and by Locke in his Treatises on Toleration.' to dissenters the unmolested profession and exercise of their religion, but with an exclusion from offices of trust and emolument in the state, which is a partial toleration; and the admitting them, without distinction, to all the civil privileges and capacities of other citizens, which is a complete toleration. The expediency of toleration, and consequently the right of any citizen to demand it, as far as relates to liberty of conscience, and the claim of being protected in the free and safe profession of his religion, is deducible from the second of those propositions which we have delivered as the grounds of our conclusions upon the subject. That proposition asserts truth, and truth in the abstract, to be the supreme perfection of every religion. The advancement, consequently, and discovery of truth, is that end to which all regulations concerning religion ought properly to be adapted. Now, every species of intolerance which enjoins suppression and silence, and every species of persecution which enforces such injunctions, is adverse to the progress of truth; forasmuch as it causes that to be fixed by one set of men at one time, which is much better, and with much more probability of success, left to the independent and progressive inquiry of separate individuals. Truth results from discussion and from controversy.. In religion, as in other subjects, truth, if left to itself, will almost always obtain the ascendency. If different religions be professed in the same country, and the minds of men remain unfettered and unawed by intimidations of law, that religion which is founded on maxims of religion and credibility will gradually gain over the other to it. . . . . The justice and expediency of toleration are found primarily in its conduciveness to truth, and in the superior value of truth to that of any other quality wnich a religion can possess: this is the principal argument, but there are some auxiliary considerations too important to be omitted. The confining of the subject to the religion of

TOLETA'NUS, RODERICUS, or RODRIGO DE TOLE'DO, an eminent ecclesiastic and historian, was born at Rada, in Navarre, about A.D. 1170. His name was Rodrigo Simonis, commonly Ximenez; but he is better known as Rodericus Toletanus. On his return from Paris, where his parents sent him to complete his education, he attached himself to Sancho V., king of Navarre, by whom he was employed to negotiate a peace with Alfonso VIII. of Castile. The manner in which he discharged this mission procured him the favour of Alfonso, by whom, in 1192, he was appointed bishop of Siguenza, and on the death of Don Martin, archbishop of Toledo, he was raised to the vacant see. He showed great zeal in the frequent wars with the Moors, and at the battle of Las Navas, where the Almohades, under Mohammed An-násir, were defeated by Alfonso, his pennon was the first that entered the dense ranks of the enemy. Indeed such were his courage and martial disposition, that even when the king was at peace with the Moors, he would, at the head of his own vassals, make frequent inroads into the Mohammedan territory. He enjoyed so much favour with the kings of his time, especially with San Fernando, that nothing was undertaken without consulting him. His zeal for learning was no less ardent than his hatred of the infidel. He persuaded Alfonso to found the university of Palencia, and thereby avoid the necessity of sending youths to be educated in foreign countries. At the fourth Lateran council he is

said not only to have harangued the fathers in elegant | sometimes extended to the compensation paid for the use Latin, but to have gained over the secular nobles and am- of the soil by those who erect stalls in the fair or market, bassadors by conversing with each of them in his mother or for the liberty of picking holes for the purpose of temtongue. He died in France, in 1247, after attending the porary erections; but the former payment is more procouncil of Lyon, convoked by Innocent IV. His body was perly called stallage, and the latter picage; and if the carried to Castile, and interred in the Cistercian monastery franchise of the fair or market, and the ownership of the of Huerta. To him the history of his native country is soil on which it is held, come into different hands, the stalmore indebted than to any other man. He wrote several lage and picage go to the owner of the soil, while the tolls, historical works, most of which are still inedited. His properly so called, are annexed to the franchise. Rerum in Hispania Gestarum Chronicon,' which contains If tolls are wrongfully withheld, the party entitled may a history of the Peninsula from the most remote period to recover the amount by action as for a debt, or upon an imhis own time, is an invaluable production. It was printed plied promise of payment, or he may seize and detain the for the first time at Granada, in 1545, together with the whole or any part of the property in respect of which the chronicle of Antonius Nebrissensis, and was subsequently toll is payable, by way of distress for such toll. If excespublished in the collection entitled Hispania Illustrata,' by sive toll be taken by the lord, or with his knowledge and Andreas Schott, Frankfort, 1603-8, 4 vols. fol. His His- consent, the franchise shall be seised; if without such toria Arabum,' or history of the western Arabs from the consent, the officers shall pay double damages and suffer birth of the Mohammedan prophet to the invasion of imprisonment. (Stat. 3 Edw. I., c. 31.) Spain by the Almoravides, shows him to have been well versed in the language and history of the Arabs. This valuable work was first published, in 1603, in the second volume of Andreas Schott, Hispania Illustrata,' and subsequently, in 1625, by Erpennius, as an appendix to his Historia Sarracenica' of Georgius Elmacin. There is a third edition. He also wrote a history of the OstroGoths, another of the Huns, Vandals, Suevi, Alans, and Silingi, which were first published by Robert Bell in the collection entitled Rerum Hispanicarum Scriptores aliquot,' Frankfort, 1579, 3 vols. fol., and subsequently by Schott; a history of the Old and New Testament, entitled Breviarium Ecclesiæ Catholicæ,' still inedited, and other works, the list of which may be seen in Nicolas Antonio. (Mariana, Hist. Gen. de España, lib. ii., cap. 22; Zurita, Annales de Aragon, lib. ii., cap. 67; Nicolas Antonio, Bibl. Hist. Vetus, ii. 50.)

TOLL, from the Saxon tolne;' in German, zoll' (called in Law Latin telonium,' theolonium,' and 'tolnetum,' with many other variations, which may be seen in Ducange, all which Latin terms are derived apparently from reúviov, collection of tribute or revenue'), is a payment in, money or in kind, fixed in amount, made either under a royal grant, or under a prescriptive usage from which the existence, at some former period, of such a grant is implied, in consideration of some service rendered, benefit conferred, or right forborne to be exercised, by the party entitled to such payment.

The owner of land may in general prevent others from crossing it either personally or with their cattle or goods, by bringing actions against trespassers, or distraining their cattle or goods. [DISTRESS.] These remedies cannot be resorted to where the owner of the land has acquiesced in its being used as a public way; but in such case there may have been a royal grant, enabling the party to demand a reasonable compensation for the accommodation: this is toll-traverse.

Where a corporation, or the owner of particular lands, has immemorially repaired the streets or walls of a town, or a bridge, &c., and, in consideration of the obligation to repair, has immemorially received certain reasonable sums in respect of persons, cattle, or goods passing through the town, such sums are recoverable at law by the name of toll-thorough.

An antient toll may be claimed by the owner of a port in respect of goods shipped or landed there. Such tolls are port-tolls, more commonly called port-dues. The place at which these tolls were set or assessed was antiently called the Tolsey, where, as at the modern Exchange, the merchants usually assembled, and where commercial courts

were held.

Another species of toll is a reasonable fixed sum payable by royal grant or prescription to the owner of a FAIR or MARKET, from the buyer of tollable articles sold there. The benefit which forms the consideration of this toll is said to be the security afforded by the attestation of the sale by the owner of the fair or market, or his officers. It is not due unless the article be brought in bulk into the fair or market. Where however the proper and usual course has been to bring the bulk into the fair or market, the owner of the fair or market may maintain an action against a party who sells by sample, in order to deprive him of his toll. In some cases, by antient custom, a payment, called turn-toll, is demandable for beasts which are driven to the market and return unsold. The term toll is

Grants of tolls were formerly of very ordinary occurrence. But it seems to be very probable that many antient payments of this description, though presumed, from their being so long acquiesced in, to have a lawful origin under a royal grant, were in fact mere encroachments. The evil was however practically lessened by the exertion of the royal prerogative of granting immunities and exemptions from liability to the payment of tolls, either in particular districts or throughout the realm; a prerogative exercised also by inferior lords who possessed jura regalia. Thus Reginald de Dunstanville, earl of Cornwall, granted to his burgesses of Truveru (Truro) to be free of toll throughout Cornwall. (Plac. de Quo Warranto, temp. Edw. I., II., III., 111.) If a party entitled to exemption was wrongfully compelled to pay toll, the remedy was by writ de essendo quietum de theolonio (of being quit of toll), which might be brought, either by the individual aggrieved, or by the exempted body of which he was a member. (Reg. Brev., 258; F. N. B., 226, b.)

The term toll' is used in modern acts of parliament to designate the payment directed to be made to the proprietors of canals and railways, the trustees of turnpike-roads or bridges, &c., in respect of the passage of passengers or the conveyance of cattle or goods.

The term toll is applied to the portion which an artificer is, by custom or agreement, allowed to retain out of the bulk in respect of services performed by him upon the article; as corn retained by a miller in payment of the mulcture; also to the portion of mineral which the owner of the soil is entitled, by custom or by agreement, to take, without payment, out of the quantity brought to the surface, or, as it is technically called, to grass, and made merchantable, by the mining adventurer. To collect these dues the duke of Cornwall, and other great landholders in the mining districts of the west, have their officers, called 'tollers.'

TOLLERS. [TOLL.]

TO'LLIUS, CORNELIUS, a Dutch philologer, was born at Utrecht about the year 1620. His father, who had two other sons, Jacob and Alexander, possessed no means of giving his children a good education, but he had in G. J. Vossius a friend who gratuitously supplied the want. After Cornelius had for some years enjoyed the private instructions of Vossius, he entered the academy of Amsterdam, and continued his philological studies under the auspices of his benefactor, who had formed a strong attachment to him, and made him his private secretary (famulus). In 1648 Tollius obtained the professorship of eloquence and of the Greek language at the academy of Harderwyk. The year after this event Vossius died, and Tollius delivered on the occasion the customary eulogy, which was printed under the title Oratio in obitum G. J. Vossii,' Amsterdam, 1649, 4to. During his stay at Harderwyk Tollius exercised great influence on the affairs of the Academy, for the curators are said to have had such confidence in him that they never appointed a professor without his previous sanction. The year of his death is not certain, but it appears to have been soon after 1652; this year at least is the last in which any work of his appeared.

The works of Tollius are not numerous, but he had formed the plans for an edition of Valerius Maximus and Phurnutus, which his early death prevented him from executing. There is an edition of the work of J. P. Vale rianus, De Infelicitate Literatorum,' Amsterdam, 1647, 12mo., with supplements by Tollius, which give some in