5
i
j
\
J U p [4
Junto cd with laurel, in veftments edged with purple. This
Tn liter pomPou‘; comPany? going through the Virus Jugarius,
--—- had a dance in the great field of Rome ; from thence
they proceeded through the 'F'orum Boarium to the
temple of Juno, where the vi&ims were facrificed by
the decemviri, and the cyprefs images wrcre left land¬
ing. J his fefiival is not mentioned in the foJU of
Ovid, but is fully deferibed by Livy, lib. vii. dec. 3.
I be hymn ufed upon the occasion was compofed by
Livius the poet.
JUNT O, in matters of government, denotes a felefh
council for taking cognizance of affairs of great tonfe-
quence, which require fccrecy.
In Spain and Portugsl, it fignihes much the fame
with convention, affcmbly, or board, among us : thus
we meet with the junto of the three eftates, of com¬
merce, of tobacco, &c. See Board, &c.
IVORY, in Natural Hi/lcry, &c. a hard, folid, and
firm fubfiauce, of a white colour, and capable of a very
good polifh. It is the tufk of the elephant 5 and is
hollow’ from the bafe to a certain height, the cavity
being filled up with a compaft medullary fubftance,
feeding to have a great number of glands in it. It is
observed, that the Ceylon ivory, and that of the ifland
of Achem, do not become yellow in the wearing, as
all other ivoiy does •, for this reafon the teeth of thefe
places bear a larger price than thofe of the coaft of
Guinea.
Hardening, Softenings and Staining of IroRY. See
Bonks and Horns.
JUPITER, the fupreme god of the ancient Pa¬
gans. '3 he theologifis, according to Cicero, reckon¬
ed up three Jupiters ; the firft and fecond of whom
wcie born m Arcadia : of thefe two, the one fprang
Lorn A’ther, the other from Coelus. The third Ju¬
piter was the fon of Saturn, and born in Crete,
where they pretended to (how his fepulchre. Cicero
nr other places fpeaks of feveral Jupiters wdio reigned
m .diiferent. countries. The Jupiter, by whom' the
poets and divines underftand the fupreme god, was
the fon of Saturn king of Crete. He would have
bfen devoured by his father as foon as born, had not
bis mother Rhea fuhftbuted a (lone infiead of the child,
which Saturn immediately fwallow’ed. Saturn took
tbb method to debroy all his male children, beeaufe
It had been foretold by Coelus and Terra, that one of
ids ons fiiould deprive him cf bis kingdom. Jupiter,
being thus favecl from Ins father’s jaws, was brought
up by the Curetes in a den on Mount Ida. Virgil tells
us, that he was fed by the bees ; out of gratitude for
which, he changed tlwm from an iron to a golden co-
rour. Some fay, that his nurfe« were Amalthrea and
- Teliffa, who gave him goats milk and honey ; and
others, that Amalthaea vaS the name of the goat which
nourifhed him, and which, as a reward for her great
ferviees, was changed into a conflellation. According
to otners, he was fed by wild pigeons, who brought
iwm. ambrofia from Oceanus ; and by an eagle, who
earned neUar in his beak from a deep rock : for
which he rewarded the former, by making them the
foretellers of winter and fumtrer ; and tlie lafl by giv-
-t'g him immortality, and making him his thunder-
c.irer. When grown up, he drove his father out of
heaven, and divided the empbe of the world with, his
rot hers. lor lumfelf, he had heaven and earth.
\CL. XL Part II.
>1 ] J U P
Neptune had the lea and waters; and Pluto hell. The Jup-tsr-
I itans undertook to deftroy Jupiter, as he had done
his father. Thefe Titans were giants, the fons of
Titan and the Earth. They declared war againfl Ju¬
piter, and heaped mountains upon mountains, in or¬
der to fcale heaven : but their efforts wrere unluccefs-
ful. Jupiter overthrew them with his thunder, and
fimt them up under the waters and mountains, from
Vvhich they were not able to get out.
Jupiter had feveral wives : the firft of whom, named
Metis, he is faid to have devoured when big with child,
by which he himfelf became pregnant and Minerva
iilued out of his head, completely armed and fully
grown. His fecond was Themis 5 the name of his
third is not known j his fourth was the celebrated Ju¬
no, whom he deceived under the form of a cuckoo,
which to fhun the violence of a fiorm fled for (belter to
her lap. He was the father of the Mufes and Graces ;
and had a prodigious number of children by his miff
treffes. He meiamorphofed himfelf into a fatyr to
enjoy Antiope 5 into a bull, to carry off Europa ; into
a (wan, to abufe Leda ; into a (how’er of gold, to cor¬
rupt Daniie ; and into feveral other forms to gratify
his pafijons. He had Bacchus by Semele, Diaiia and
Apollo by Latona, and was the father of Mercury
and the other gods. *
The heathens in general believed that there was but
one fupreme God ; but when they confidered this one
great being as influencing the affairs of the world
they gave him as many different names : and hence,
proceeded their variety of nominal gods. When he
thundered or lightened, they called him Jupiter; when
he calmed the fea, Neptune; when he guided their
councils, Minerva; and when he gave them (Length
m battle, Mars. In procefs of time they ufed diffe-
rent reprefentations of this Jupiter, &c. and confidered
them, vulgarly at lead, as fo many different perfons.
ibey afterward regarded each of them in different
views : e. g. The Jupiter that (howered down bleffinps
was called the Kind Jupiter ; and when punilhing, the
Terrible Jupiter. There was alfo one Jupiter fGr, Eu¬
rope, and another for Africa ; and in Europe, there
was one great Jupiter who was the particular friend of
the Athenians, and another who was the fpetiai pro-
te&or of the Romans; nay, there was fcarce a town
or hamlet perhaps, in Italy, that had not a Jupiter of
Jts own : and the Jupiter of Terracina or."jupiter
Anxur, reprefented in medals as young and beardlefs
with rays round his head, more re%nbled Apollo than
the great Jupiter at the Capitol. In this way Jupiter
at length had temples and different charaAers alraofl:
everywhere : at Carthage, he was called Jmmon ; in
Agype, Serapis; at Athens, the great Jupiter was
the Olympian Jupiter ; and at Rome the greateft Ju¬
piter was the Capitoline Jupiter, who was the guar¬
dian and benefa&or of the Romans, and whom they
caUcd the “ beft and greateft JupiterJupiter cptimus
tnaximus.' The figure of this Jupiter was reortfented
in his chief temple on the Capitoline hill, as fitting on
a curule chair; with the fulmen or thunder, or rather
lightning in one hand, and a feeptre in the other.
I his fulmen in the figures of the old artifts was al¬
ways adapted to the charafler under which they were
to ] top refen t Jupiter. If his appeajranfee was to be
rnnd and calmf they-.gave him the corrfic fulmen or
3 ^ bundle
J U P [ 40
Jnp'ter. bundle of flames wreathed clofe together, held down
'"‘“-v - jn };is hand : When punifhing, he holds up the fame
figure, with two tranfverfe darts of lightning, fome-
times with wings added to each fide of it, to denote
its fwiftnefs j this was called by the poets the three¬
forked bolt of Jove : and when he was going to do
fome exemplary execution, they put in his hand a
handful of flames, all let loofe in their utmoft fury ;
and fometimes filled both his.hands with flames. The
superiority of Jupiter tvas principally manifefted in that
air of majefty which the ancient artifts endeavoured to
exprefs in his countenance : particular attention was
paid to the head of hair, the eyebrows, and the beard.
There are feveral heads of the mild Jupiter on ancient
feals j where his face has a mixture of dignity and eafe
in it, admirably defcribed by Virgil, ./En. i. ver. 256.
The ftatues of the Terrible Jupiter were generally of
black marble, as thofe of the former were of white :
the one fitting with an air of tranquillity j the other
Handing, more or lefs diflurbed. 'Ihe face of the one
is pacific and lerene 5 of the other angry or clouded.
On the head of the one the hair is regular and com-
pofed •, in the other it is fo difcompofed, that it falls
half way down the forehead. The face of the Jupiter
Tonans refembles that of the Terrible Jupiter; he is
reprefented on gems and medals as holding up the
triple bolt in his right hand, and Handing in a chariot
which feems to be whirled on impetuoufly by four
horfes. Thus he is alfo defcribed by the poets. Ovid,
Deian. Here. v. 28.; Horace, lib. i. od. 4. v. 8. Jupi¬
ter, as the intelligence prefiding over a fingle planet, is
reprefented only in a chariot and pair: on all other oc-
cafions, if reprefented in a chariot, he is always drawn
by four horfes. Jupiter is well known as the chief ruler
of the air, whofe particular province was to direft the
rains, the thunders, and the lightnings. As the dif-
penfer of rain, he was called Jupiter Pluvms ; under
which charafter he is exhibited feated in the clouds,
holding up his right hand, or extending his arms al-
mofl in a flraight line each way, and pouring a Hream
of hail and rain from his right hand upon the earth ;
whilH the fulmen is held down in his left. The wings
that are given him relate to his charader of prefiding
over the air : his hair and beard in the Antonine pil¬
lar are all fpread down by the rain, wdiich defeends in
a flreet from him, and falls for the refrefhment of the
Romans ; whilfi their enemies are reprefented as Hruck
with the lightnings, and lying dead at their feet.
Some confider a great part of the fable of Jupiter to
include the hirtory of Noah and his three Tons ; and
that Saturn is Noah, who faw all mankind perifh in
the waters of the deluge; and who, in fome fort, fwal-
lowed them up, by not receiving them into the ark.
Jupiter is Ham ; Neptune, Japheth; and Shem, Pluto.
The Titans, it is thought, reprefent the old giants,
who built the tower of Babel, and whofe pride and
prefumption God had confounded, by changing their
language, and pouring cut the fpirit of difeord and
divifion among them. The name of Jupiter, or Jovis
Pater, is thought to be derived from Jehovah, pro¬
nounced with the Latin termination Jovis inllead of Ja¬
va ; and in medals we meet with Jovis in the nomina¬
tive, as well as oblique cafes : for example,* Jovis cuf-
tas, Jovis propugnator, Jovis Jlator. To the nam*. Jo-
2 ] J u R
vis was added pater; and afterwards, infiead of ‘‘ Jo-: Ju
vis pater,” Jupiter wras u(ed by abbreviation. J
The name Jupiter was not known to the Hebrews
till the reign of Alexander the Great, and the kings
his fucceffors. Antiochus Epiphanes commanded the
idol of Jupiter Olympius to be placed in the temple at
Jerufaiem ; and that of Jupiter the defender of flran-
gers in the temple on Mount Gerizim, 2 Macc. vi. 2.
While St Paul and St Barnabas were at Lyltra, they
W’ere taken for gods, becaufe they cured one who had
been lame from his birth, and that by an expreflion
only ; St Paul was taken for Mercury, by reafon of
his eloquence ; and St Barnabas for Jupiter ( Adts xiv.
II, 12.), on account probably of his good mien.
Jupiter, Tf., in pyironomy, one of the fuperior pla¬
nets, remarkable for its brigbtnefs ; and which by its
proper motion feems to revolve round the earth in
about twelve years. See Astronomy Index.
JURA, one of the Hebrides, or Wellern Iflands
of Scotland, lying oppofite to Knapdale in Argyleihire,
is fuppofed to be about 34 miles long and 10 broad.
It is the moH ragged of all the Hebrides; and is com-
pofed chiefly of valt mountains, naked, and without a
poflibility of cultivation. Some of the fouth and weJI-
ern fides only are improveable, and in good feafons as
much bear and oats are raifed as will maintain the in¬
habitants ; though by the diflillation, as Mr Pennant
fuppofes, of their grain, they fometimes want. Bear
produces four or five fold, and oats threefold. Sloes are
the only fruits of the ifland ; befides the berries of the
mountain-afh, from which an acid for punch is obtained,
and a kind of fpirit is alfo difiilled. Neceflity hath in-
flruffed the inhabitants in the ufe of native dyes.
Thus the juice of the tops of heath boiled fupplies
them with a yellow ; the roots of the white water lily
with a dark brown ; thofe of the yellow water iris
with a black; and the galium verum, ru of the Wanders,
with a very fine red, not inferior to madder. On the
hills is fome pafture for cattle ; and the produce, when
Mr Pennant vifited the ifland, amounted to about 300
or 400 head of black cattle, fold annually at 3I. each ;
in 1805, the number of black cattle annually export¬
ed amounted to 500, which bring at an average 81.
each ; and about icoo iheep, which bring il. each ;
but goats are lefs numerous than formerly : about TOO
horfes are alfo fold annually. The other animals of Ju¬
ra are about 100 flags; though thefe mufl formerly
have been much more numerous, as the original name
of the ifland was Deir ay, or the ijle of deer, fo call¬
ed by the Norwegians on account of the abundance
of deer found in it. Here aifo Mr Pennant had
fome obfeure account of a worm that, in a lefs perni¬
cious degree, refembles the Furia infernahs of Lin¬
naeus. The fillan, a little worm of Jura, fmall as a
thread, and not an inch in length, infinuates itfelf un¬
der the fkin, caufes a rednefs and great pain, flies fwift-
ly from place to place ; but is cured by a poultice of
cheefe and honey. Of the mountains of Jura, thofe
from their flrape called the paps, are the mofl remark¬
able. There are only three very large ones : the biggeft
called Beinn-an-oir, or the mountain of gold, lies farthefl
to the north ; the fecond is called Beinn-fheunta, or the
hallowed mountain ; and the third, Beinn-a-chaolois, or
the moiintain of the found, is the lead of the three. Mr
Pennant-
J U R [ 403 ] I V R
Jura. Pennant afcended the firft with great labour and diffi-
““■V—culty. It is compofed of vail ilones, covered with
mofs near the bafe ; but all above bare and uncon-
ne£led with each other. The whole, he lays, feems a
cairn, the work of the fons of Saturn. The grandeur
of the profpedl from the top abundantly made amends
for the fatigue of afcending the mountain. Jura itfelf
afforded a itupendous fcene of rock, varied with innu¬
merable little lakes. From the weft fide of the hill ran
a narrow ilripe of rock terminating in the fea, and cal¬
led the Jlide of the old hag. To the fouth appeared Hay
extended like a map beneath his feet; and beyond that
the north of Ireland •, to the eaft two other iftands,
Cantyre, Arran, and the frith of Clyde bounded by
Ayrfhire j an amazing tract of mountains to the north-
eafl as far as Benlomond *, Skarba finilbed the northern
vieiv 5 and over the weftern ocean were fcartered Co-
lonfay and Oranfay. Mull, Iona, and its neighbouring
ifles ; and ftill further, the long extents of Tirey and
Col, juft apparent. The other paps are feen very di-
ftinflly, but all of them inferior in height. Mr Banks
and his friends mounted that to the fouth, and found
the height to be 2359 feet j but this is far overtop¬
ped by Beinn-an-oir. The ftones of this mountain are
white, a few red, quartzy, and compofed of fmall
grains \ but fome are brecciated, or filled with cryftal-
line kernels of an amethyttine colour. The other ftones
of the ifland are, a cinereous (late, veined with red, and
ufed here as a whetftone j a micaceous fandftone j
and between the fmall illes and Arfin, a micaceous
quartzy rock ftone. On the weft fide of the ifiand
there is an anchoring place called Whitfarlan; towards
the north end is a bay called Da?! yaul; and on the
fame coaft is formed another riding place for veffels
among feveral fmall itlands. Between the north end of
Jura and the fmall ille of Skarba, there is a famous
whirlpool, called Con/ Bhrecan, from Brecan fon to a
king of Denmark, who perilhed in this gulf. His
body being call albore on the north fide of Jura, was
buried in a cave, and his grave is ftill diftinguilhed
by a tombftone and altar. In this vortex, which ex¬
tends about a mile in breadth, the fea begins to boil
and ferment with the tide of flood, increafing gradually
to a number of whirlpools, which, in the form of py¬
ramids, fpout up the w7ater with a great noife, as high
as the malt of a fmall veffel, agitated into fuch a foam
as makes the fea appear white even at the diltance of
two leagues. About half flood the violence begins to
decreafe, and continues to do fo till about half an hour
after high water : then it boils as before, till within
an hour of low wrater, when the fmalleft filhing boat
may crofs it without danger.
Jura is furnifhed with many rivulets and fprings of
excellent water, and the air is remarkably healthy ; its
falubrity being increafed by the high fituation, perpe¬
tually fanned by breezes. It is, however, but ill peo¬
pled ; and did not contain above 700 or 800 inhabi¬
tants at the time it was vifited by Mr Pennant. The
number in 1805 has increafed to 1100. The women are
prolific, and very often bear twins. The inhabitants
live to a great age, and are liable to few diftempers.
Men of 90 can work ; and there wras living in Pennant’s
time a woman of 80, who could run down a fheep.
Phe inhabitants are all Proteftants, but addiifted to
fome fuperftilions. The parifli is fuppofed to be the
largeft in Great Britain, and the duty the moil dan¬
gerous and troubleiome : it confifts of Jura, Oranfay,
Colonfay, Skarba, and feveral little illes divided by
narrow and dangerous founds j forming a length of
not lefs than 60 miles j fupplied by only one minifter
and an afuftant.
The very old clans of Jura are the Macilvuys and
the Macraines; but it feems to have changed mailers
more than once. In 1549, Donald of Cantyre, Mac-
guillayne of Doward, Macguillayne of Kinlochbuy,
and Macduffie of Colonfay, were the proprietors :
Maclean of Mull had alfo a fhare in 1586 Mr Camp¬
bell of Jura, and Mr Macneil of Colonfay, are now
("1807) the only proprietors of this ifland j but by far
the greateft part belongs to the former.
Jura is alio the name of a chain of mountains in
Switzerland, beginning in the canton of Zurich, ex¬
tending from thence along the Rhine into the canton
and biihopric of Bade, ftretching into the canton of
Soleure and the principality of Neuchatel, and branching-
out towards the Pays de Vaud ; feparating that coun¬
ty from Tranche Comte and Burgundy, and continued
beyond the Genevan territories as far as the Rhone.
Many elevated valleys are formed by different parts of
this chain in the country of the Pays de Vaud ; among
which one of the moft remarkable is the valley of the
lake of Joux, on the top of that part of the chain
named Mont Joux. It contains feveral populous vil¬
lages, and is beautifully diverfified with wood, arable
land, and pafture. It is watered by two lakes; the lar¬
geft of w’hich is that of Joux already mentioned. This
has one flrore of a high rock covered with wood; the
oppofite banks forming a gentle afeent, fertile and
well cultivated ; behind which is a ridge covered with
pines, beech, and oak wood. The fmaller lake, named
Brenet, is bordered with fine corn fields and villages ;
and the ftream which iffues from it is loft in a gulf
named Entonnoir, or the Funnel, where the people have
placed feveral mills which are turned by the force of
the falling current. The river Orbe iffues from the
other fide of the mountain, about two miles from this
place j and probably owes its origin to the fubterraae-
ous ftream juft mentioned. The largeft lake is fupplied
by a rivulet which iffucs from the bottom of a rock,
and lofes itfelf in it. The valley contains about 3000
inhabitants, remarkable for their induftry. Some are
watchmakers j but the greateft number employ them-
felves in polilhing cryllals, granites, and marcafites.
The country is much infefted with bears and wolves.
In afcending to this place there is a very extenfive pro-
fpeCt of great part of the Pays de Vaud, the lake of
Geneva, and that of Neuchatel, which from that high
point of view appear to be nearly on a level ; though
M. de Luc found the latter to be 159 feet above the
level of the lake of Geneva.
JURATS, Jurati, magiftrates in the nature of
Aldermen, for the government of feveral corpora¬
tions. Thus we meet with the mayor and jurats of
Maidftone, Rye, Winchelfea, Sic.—So alfo Jerfey has
a bailiff and twelve jurats, or fworn affiftants, to go¬
vern the ifland,
IVREA, an ancient and ftrong town of Italy, in.
Piedmont, and capital of Canavez, with a ftrong fort,
3 E 2 a
[ 4°4 ] JUS
T;,rrr. a ujlhop’s ;r.c, the title of a marquifate, and an ancient
IuMf. o.,('uI-Caftle’ , ^ lubiea to the king of Sardinia, and feat-
" llis. 1 ed on the river Dona between two hills, in E. Long.
—v-~»o 7* 48. N. Lat. 41J. 12.
JURIEL, Peter, an eminent French Proteftant
fHvine, called ironically by the Papiils the Goliath of
the Proteflauts, was born in 1637. lie was educated
in England under his maternal uncle Peter du Moulin,
and took ordeis in the Englifh church j but returning
to lucceetl Ins father as pallor of a reformed congre¬
gation at Mer in the diocefe of Blois, he was made
- .pro'eflbr of divinity and Hebrew at Sedan, where he
acquired great reputation. This univerhty being taken
from the Proteftants, a profeiforlhip of divinity was
founded for him at Rotterdam ; and he was alfo ap-
pointed miniftcr of the Walloon church in the fame
town. Being now in a place of liberty, he gave full
fcope to an imagination naturally warm, and applied
ijimlelf to llndy the book of Revelation, of which he
fancied he had by a kind of infpiration difeovered the
true meaning ; a notion that led him to many enthufi-
alhcal conjectures. Pie was moreover fo unfortunate
as to quarrel with his bell friends for oppofmg his vi-
fionary opinions, which produced violent difputes be¬
tween him and Meffrs Bayle and de Beauval. He died
in 1713 j and left a great number of elleemed works
behind him.
JUR1N, Dr James, a diltinguifiied perfon, who cul¬
tivated medicine and mathematics with equal fuccefs.
He wTas fecretary of the Royal Society in London, as
well as prefident of the College of Phyficians there.
He had great difputes with Michelotti upon the mo¬
ment of running waters, with Robins upon diifimfl vi-
fion, and with the partizans of Leibnitz upon moving
bodies. A treatife of his “ upon Vifion” is printed in
Smith’s “ Optics.” He died in 1750.
JURISCONSULTUS {ictus'), among the Romans,
was a perfon learned in the law •, a mailer of the
Roman jurifprudence ; who was confulted on the inter¬
pretation of the laws and cultoms, and on the dilh-
cult points in law fuits. The fifteen books of the Di-
gells were compiled wholly from the anfwers or re-
poits of the ancient jurifconfulti. Tribonianus, in
dellroying the 2000 volumes from wEence the Code
and Digeft were taken, has deprived the public of a
world of things which would have given them light
into the ancient office of the jurifconfulti. We ffiould
fcarcely have known any thing beyond their bare names,
had not Pomponius, who lived in the fecond cen¬
tury, taken care to preferve fome circumftances of their
office.
The Roman jarifconfulti feem to have been the fame
with our chamber counfellors, who arrived at the ho¬
nour of being confulted through age and experience,
but never pleaded at the bar. Their pleading, advo¬
cates or lawyers never became jurifconfulti. See Ad¬
vocate.
In the times of the commonwealth, the advocati had
by much the more honourable employment, as being
in the ready way to attain the higheft preferments.
They then defpifed the jurifconfulti, calling them in
derilion formularn and legulei, as having invented cer¬
tain forms and monofyllablesr in order to give their
a^ifwers the greater appearance of gravity and myftery.
But in procefs oi time they became fo much efleemed, Junft!ic>ica>
that they wfcre called prudenles and fabientes, and the H
emperors an, ointed the judges to follow their advice. Jus
Augucms advanced them to be public officers of the v
empire j fo that they were no longer confined to the
petty councils of private peifons.—Bern. Rutilius has
written the lives of the moft famous juiifconfulti who
have lived within tbefe 2000 years.
J bRlSDIC riON, a power or authority which a
man ha> to do jutlice in cafes of complaint made before
him. ^ 1 here are two kinds of jurifditlion, the one
ecclefiajiical, the other feculhr.
Secular JuiucDicriON belongs to the king and his
juhices or delegates. The courts and judges at Weft-
minder have jurifdifHcn all over England, and are hot
reftrained to any county or place j but all other courts
aie confined to their particular jurifdnftions, which if
they exceed, whatever they do is erroneous. There
are three foils of inferior jurifdicfions j the firft is tene-
? eplacita, to hold pleas, and the plaintiff may fue either
there oi in the king’s court?. Another is the conu-
fance of pleas, where a right is inverted in the lord of
the franchife to hold pleas : and he is the only perfon
that can take advantage of it, by claiming his fran-
enhe. Ihe third fort is an exempt juriidiilion, as
where the king grants to fome city, that the inhabitants
fhall be fued within their city, and not elfewhere ;
though there is no jurifdibtion that can withftand a cer¬
tiorari to the fuperior courts.
Ecclefiajlical Jurisdiction belongs to biffiops and
their deputies.
Biftiops, &c. have two kinds of jurifdhffion ; the me
internal, which is exercifeu over the confcience in things
purely fpiritual; and this they are fuppofed to hold im¬
mediately of God.
The other is contentious, which is a privilege feme
princes have given them of terminating difputes between
ecclefiaftics and laymen.
JURISPRUDENCE, the fcience of what is juft
or unjuft j or the knowdedge of laws, rights, cuftoms,
ftatutes, &c. neceffary for the adminillration of juftice.
See Law.
JUROR, Jurator, in a legal fenfe, is one of thofe
twenty-four or twelve men who are fworn to deliver
truth upon fuch evidence as ffiall be given them touch¬
ing any matter in queftion. The puniffiment of petty
jurors attainted of giving a verdict contrary to evi-
dence, willingly, is very fevere.
JURY, a certain number of men fworn to inquire
into and try a matter of fa£t, and to declare the truth
upon fuch evidence as fhall appear before them.
Juries are, in thefe kingdoms, the fupremc judges
in all courts and in all caufes in which either the life,
property, or reputation, of any man is concerned : this
is the diftinguifhing privilege of every Briton, and one
of the moft glorious advantages of our conftitution j
for as every one is tried by his peers, the meaneft fub-
jett is as fafe and as free as the greateft. See the ar¬
ticle Trial.
Jurt Mdjl, whatever is fet up in room of a mart that
has been loft in a ftorm or an engagement, and to which _
a lefler yard, ropes, and fails, are affixed.
JUS CORON2E, See HtntniTARx Right, and Suc-
cessiom.
Jut .
JUS
Jus Deliberandi, in Scots Law, that right which an
heir has by law of deliberating for a certain time
whether he will reprefent his predecefibr.
JusDevoIutwn, in Scots Law, the right of the church,
of prefenting a minifter to a vacant parifh, in cafe the
patron Ihall negleft to ufe that right within the time
limited by law.
Jus Mariti, in Scots Law, the right the huthand ac¬
quires to his wife’s moveable ellate, in virtue of the
marriage.
'Jus Relict a, In Scots Law, the right the wife has in
the goods in communion, in cale of the previous deceafe
of the hufband.
Jus Preventionis, in Scots Law, the preferable right
©f jurifdi&ion ac iuired by a court, in any caufe'to
which other courts are equally competent, by having
exercifed the firft aci of -jurirdidlion.
Jus Civile, among!! the Romans, {ignihed no more
than the interpretation given by the learned, of the
laws of tne twelve tables, though the phrafe now ex¬
tends to the whole fylfem of the Roman laws.
Jus Civitatis, fignifies freedom of the city of Rome,
which entitled thofe perfons who had obtained it to
mod of the privileges of Roman citizens—yet it differs
from Jvs ^uiritum, which extended to all the advan¬
tages which a free native of Rome was entitled to 
the difterence is much the fame as betwixt denization
and naturalisation with us.
"Jus Honorarium, was a name given to thofe Roman
laws which were made up of edifls of the fupreme ma-
giftrates, particularly the praetors.
Jus Imaginis, was the right of ufing pictures and
ffatues among!! the Romans, and had fome refemblance
to the right of bearing a coat of arms among!! us.
This honour was allowed to none but thofe whole an-
ceftors or themfelves had borne fome curule office, that
is, had been Curule JEdile, Cenfor, Praetor, or Corfu/.
The ufe of ftatues, &c. which the Jus Imaginis
gave, was the exhibiting them in funeral proceifions,
&c. See Image.
Jvs Papirianum, was the laws of Romulus, Numa,
and other kings of Rome, colle£led into a body by Sex¬
tus Papirius, who lived in the time of Tarquin the
Proud 5 which accounts for the name.
Jus Trium Liberorum, was a privilege granted to
fuch perlons in the city of Rome as had three children,
by which they were exempted from all troublefome
offices. The fame exemption was granted to any per-
fon who lived in other parts of Italy, having four
children j and thofe that lived in the provinces, pro¬
vided they had five (or as fome fay feven) children,
were entitled to the fame immunities. This was good
policy, and tended to the population of the empire.
For a further account of the!e privileges, fee Chil¬
dren.
JUSSICA, a genus of plants belonging to the de-
candria clafs ; and in the natural method ranking
under the 17th order, Calycanthemce. See Botany
Index.
JUST, a fportive kind of combat on horfeback, man
again!! man, armed with lances. The word is by
fome derived from the French joufle, of the J.zCmjuxta,
becaufe the combatants fought near one another. Sal-
mafius derives it from the modern Greek soujlra, or
rather which is ufed in this fenfe by Nicepho
r 405 1
JUS
rus Gregorius. Others derive it from jujla, which in
the corrupt age of the Latin tongue was ufed for this
exercile, by reafon it was fuppofed a more juft and
equal combat than the tournament.
I ne difference betwreen jufts and tournaments con-
lifts in this, that the latter is the genus, of which the
former is only a fpecies. Tournaments included all
kinds of military fports and engagements made out
of gallantry and diverfions : Jufts w7ere thofe particu¬
lar combats where the parties were near each other,
and engaged with lance and fword. Add, that the
tournament was frequently performed by a number of
cavaliers, who fought in a body : The juft was a fingle
combat of one man again!! another.—Though the jufts
were ufually made in tournaments after a general ren¬
counter of all the cavaliers, yet they were fometimes
fingly, and independent of any tournament. See Tour¬
nament.
He who appeared for the firft time at a juft, forfeit¬
ed his helm or cafque unlefs he had forfeited before at
a tournament.
JUS I ICE, in a moral fenfe, is one of the four car¬
dinal virtues, which gives every perfon his due.
_ Civilians diftinguifh juftice into two kinds : commu¬
nicative and diflributive. The former eftablifties fair
dealing in the mutual commerce between man and
man ; and includes lincerity in our difeourfe, and in¬
tegrity in our dealings. The effed! of fincerity is mu¬
tual confidence, fo neceffary among the members of
the fame community ; and this mutual confidence is
fuftained and preferved by the integrity of ourcondudt.
Di/}ribut>ve iuitice is that by which the differences of
mankind are decided, according to the rules of equity.
I he former is the juftice ot private individuals 3 the lat¬
ter of princes and magiftrates.
Fidelity and truth are the foundation of juftice. As
to be perfedlly juft is an attribute of the Divine Na¬
ture, to be fo to the utmoft of our ability is the glory of..
man..
The following examples of this virtu 1 are extradled
from various authors.
1. Among the feveral virtues of Ariftides, that for
wjiich he was moft renowned was juftice ; becaufe this
virtue is of moft general ufe, its benefits extending
to a greater number of perfons, as it is the foundation,
and in a manner the foul, of every public office and
employment. Hence it was that Ariftides, though in
low circumftances, and of mean extrnclion, obtained
the glorious furname of the Jujl; a title, fays Plu¬
tarch, truly royal, or rather truly divine : but of which
princes are feldom ambitious, becaufe generally igno¬
rant of its beauty and excellency. They choofe ra¬
ther to be called the conquerors of cities and the thun¬
derbolts of war, preferring the vain honour of pomp¬
ous titles* which convey no other idea than violence
and fiaughter, to the folid glory of thofe expretlive of
goodnefs and virtue. How much Ariftides deferved-
the title given him, will appear in the following in-
ftances 3 though it ought to be obferved, that he ac
quired it not by one or two particular actions, but by
the wThole tenor of his conduc!.
Themiftocles having conceived the defign of fup--
planting the Lacedemonians, and of taking the go¬
vernment of Greece out of their hands, in order to put.
it into thofe of the Athenians, kept his eye and his
thoughts
fuSiee.
JUS [ 406 } JUS
‘juftice. thoughts continually fixed upon that great project j
^ and as he was not very nice or fcrupulous in the choice
of his meafures, whatever tended towards the accom-
plifhing of the end he had in view he looked upon as
juft and lawful.
On a certain day then he declared in a full affembly
of the people, that he had a very important defign to
propofe ; but that he could not communicate it to the
people, becaufe its fuccefs required it fliould be carried
on with the greateft fecrecy : he therefore defired they
would appoint a perfon to whom he might explain
himielf upon the matter in queftion. Ariftides was
unanimoufly fixed upon by the whole affembly, who
referred themfelves entirely to his opinion of the affair ;
fo great a confidence had they both in his probity and
prudence. Themiftocles, therefore, having taken him
■afide, told him that the defign he had conceived was
to burn the fleet belonging to the reft of the Grecian
ftates, which then lay in a neighbouring port; and by
this means Athens would certainly become miftrefs of
all Greece. Ariftides hereupon returned to the afl'em-
bly, and only declared to them that indeed nothing
could be more advantageous to the commonwealth than
Themiftocles’s project, but that at the fame time no¬
thing in the wTorld could be more unjuft. All the
people unanimoufly ordained that Themiftocles Ihould
entirely defift from his project.
There is not perhaps in all hiftory a faff more wor¬
thy of admiration than this. It is not a company of
philofophers (to whom it cofts nothing to eftablifh fine
maxims and fublime notions of morality in the fchool)
who determine on this occafion that the confideration
of profit and advantage ought never to prevail in pre¬
ference to what is honeft and juft ; but the whole peo¬
ple who are highly interefted in the propofal made to
them, that are convinced it is of the greateft import¬
ance to the welfare of the ftate, and who, however, re¬
ject it with unanimous confent, and without a mo¬
ment’s hefitatiou ; and for this only reafon, that it is
contrary to jufijce. How black and perfidious, on the
other hand, was the defign which Themiftocles pro-
pofed to them, of burning the fleet of their Grecian con¬
federates at A time of entire peace, folely to aggrandize
the power of the Athenians ! Had he a hundred times
the merit afcribed to him, this Angle aclion would be
fufficient to fully all his glory ; for it is the heart, that
is to fay, integrity and probity, which conftitutes and
diftinguifhes true merit.
2. The government of Greece having palled from
Sparta to the Athenians, it w^as thought proper under
this new government to lodge in the ifland of Delos
the common treafure of Greece; to fix new regula¬
tions with regard to the public money ; and to lay
fuch a tax as might be regulated according to the re¬
venue of each city and flate, in order that the ex-
pences being equally borne by the feveral individuals
who compofed the body of the allies, no one might
have reafon to murmur. The difficulty was to find a
perfon of fo honeft and incorrupt a mind, as to dif-
charge faithfully an employment of fo delicate and
da ngerous a kind, the due adminiftration of which fo
nearly concerned the public welfare. All the allies
caft their eyes cn Aritlides ; accordingly they invefted
him with full powers, and appointed him to levy a tax
on each of them, relying entirely on his vvifdom and
1
juftice. The citizens had no caufe to repent their Ju
choice. He prefided over the treafury with the fideli¬
ty and difintereftednefs of a man who looks upon it as
a capital crime to embezzle the fmalleft portion of ano¬
ther’s pofleffions, with the care and activity of a fa¬
ther of a family in the management of his own effate,
and with the caution and integrity of a perfon who
confiders the public money as facred. In fine, he fuc-
ceeded in what is equally difficult and extraordinary,
viz. to acquire the love of all in an office in which he
who efcapes the public odium gains a great point.
Such is the glorious character which Seneca gives of a
perfon charged with an employment of almoft the fame
kind, and the noblelt eulogium that can be given to
fuch as adminiiter public revenues. It is the exa£l
picture of Arirtides. He difcovered fo much probity
and wifdom in the exercife of this office, that no man
complained ; and thofe times were confidered ever af¬
ter as the golden age; that is, the period in which
Greece had attained the higheft pitch of virtue and hap-
pinefs.
While he was treafurer-general of the republic, he
made it appear that his predeceflbrs in that office had
cheated the ftate of vaft fums of money, and among
the reft; Themiftocles in particular ; for this great man,
with all his merit, was not irreproachable on that head;
for wdiich reafon, when Ariftides came to pafs his ac¬
count, Themiftocles raifed a mighty faftion againft
him, accufed him of having embezzled the public
treafure, and prevailed fo far as to have him condemned
and fined. But the principal inhabitants, and the
moft virtuous part of the citizens, rifing up againft fo
unjuft a fentence, not only the judgement was reverfed
and the fine remitted, but he was defied treafurer
again for the year enfuing. He then feemed to repent
of his former adminiftration ; and by Ihowing himfelf
more tradable and indulgent towards others, he found
out the fecret of pleafing all that plundered the com¬
monwealth ; for as he neither reproved them nor nar¬
rowly infpeded their accounts, all thefe plunderers,
grown fat with fpoil and rapine, now extolled Arifti¬
des to the Ikies. It would have been eafy for him, as
we perceive, to have enriched himfelf in a poll of that
nature, which feems, as it were, to invite a man to it
by the many favourable opportunities it lays in his
way ; efpecially as he had to do with officers, who for
their part were intent upon nothing but robbing the
public, and would have been ready to conceal the
frauds of the treafurer their matter, upon condi¬
tion he did them the fame favour. Thefe very offi¬
cers now made intereft with the people to have him
continued a third year in the fame employment: but
when the time of eleftion was come, juft as-they were
on the point of ele&ing Ariftides unanimoufly, he
rofe up, and warmly reproved the Athenian people :
“ What (fays he), when i managed your treafure with
all the fidelity and diligence an honeft man is ca¬
pable of, I met with the moft cruel treatment, and the
moft mortifying returns ; and now that I have aban¬
doned it to the mercy of tbefe robbers of the repub¬
lic, I am an admirable man and the beft of citizens 1 I
cannot help declaring to you, that 1 am more afhamed
of the honour you do me this day, than I was of the
condemnation you paffed againft me this time twelve¬
months ; and with grief I find that it is more glorious
with
JUS [ 407 ] JUS
ice. with us to be complaifant to knaves than to fave the
r~~' treafures of the republic.” By this declaration he fi-
lenced the public plunderers and gained the efteem of
all good men.
2. In the Univerfal Hillory wTe meet with the fol¬
lowing remarkable inftance of a fcrupulous regard to
juftice in a Perfian king named Noufchirvan. Having
been out a hunting, and defirous of eating fome of the
venifon in the field, feveral of his attendants went to a
neighbouring village and took away a quantity of fait
to feafon it. The king fufpefting horv they had atfed,
ordered that they fiiould immediately go and pay for
it. Then turning to his attendants, he faid, “ This is
a fmall matter in itfelf, but a great one as it regards me :
for a king ought ever to be juft, becaufe he is an exam¬
ple to his fubje<fts ; and if he fwerves in triftes, they
will become’diffolute. If I cannot make all my people
juft in the fmalleft things, I can at leaft (how them it is
poflible to be fo.”
Thefe examples, to which many more might be
added, are highly pleafing to a fagacious and virtuous
mind ; but the fenfual and brutal part of mankind,
who regard only the prefent moment, who fee no ob¬
jects but thofe which fall under the cognizance of the
corporeal eye, and eftimate the merit of every aftion
by the gain which it produces, have always confidered
juftice and utility as independent of each other. T hey
put utility in the balance againft honefty every day j
and never fail to incline the beam in favour of the for¬
mer, if the fuppofed advantage is thought to be con-
fiderable. They have no regard to juftice but as they
reckon to gain by it, or at leaft not to lofe 5 and are
always ready to defert it when it expofes them to any
danger or threatens them with any lofs. From this
difpofition of mind proceeds that avidity of wealth
and that habitual fraud which perpetually embroil ci¬
vil fociety : from this fatal fource ariles that deluge of
iniquity which has overfiowed the world; from this
preference of intereft to honefty proceed every unjuft
litigation and every a£! of violence. And yet nothing
is more certain than that “ Whatever is unjuft muft,
upon the whole, be difadvantagecus j” wdiich might
be proved thus :
Nothing is advantageous or ufeful but that which
has a tendency to render us happy : the higheft advan¬
tage, or abfolute utility, is complete happinefs; and
to this happinefs, whatever is advantageous or ufeful
is relative as to an ultimate end •, and nothing that is
not thus relative to happinefs can properly be faid to
be advantageous or ufeful'. But whatever is unjuft, is fo
far from tending to promote, that it deftroys our hap¬
pinefs •, for whatever is unjuft is contrary to the Divine
will : but it is not poffible that we Ihould become hap¬
py by refilling that will ^ becaufe of this will our hap¬
pinefs is the immediate objebl. God is net a tyrant,
proud of uncontroulable power, who impofes capricious
laws only as tefts of our obedience, and to make us
feel the weight of his yoke j all his precepts are leflbns
which teach us how to be happy. But it is the will
of God that we Ihould be juft ; from whence it fol¬
lows, that no true happinefs can be acquired by thofe
who are unjuft. An a£lion, therefore, which is con¬
trary to the will of God, muft be inconfiftent with
our true intereft ; and confequently, fo far from being
uXeful or expedient, it muft inevitably produce ruin
and mifery. Injuftice fometimes meets with the pu- Juitice.
niihment it deferves in this world ; but if it ihould v’"~"
efcape here, it does not follow that it will for ever
efcape. It proves, on the contrary, that there is ano¬
ther world in which the fates of mankind will be im¬
partially decided.
But to prevent the dreadful confufion which the
miftaken notion of intereft had introduced among man¬
kind, it became neceffary to have recourfe to the in¬
nate principles of juftice ; to fufpend the balance and
difplay the fword, for the determination of differences
and therpunilhment of guilt. This is the reafon and
origin of diftributive juftice, which became the necef¬
fary appendage of fovereignty. Accordingly, in an¬
cient times, p.rinces adminiftered juftice in perfon and
without delay •, but at length being embarraffed and
opprefled by the multiplicity of bufinefs which in-
creafed with their dominions, or diverted from their
attention to civil government by the command of ar¬
mies, certain laws were eftablilhed with great folemnity
to adjuft and determine the differences which might ariie
among the members of the fame community, and to ve-
prefs the infolence of thofe who dared to viobite the pu¬
blic peace, by pciTeffing them with the dread either of
corporeal puniihment or infamy. The execution of
thefe laws'was put into the hands of fubordinate judges.
Thefe delegates of the fovereign power were called ma¬
gi ftrates ; and thefe are the perfons by whom juftice is
at this time adminiftered, except in particular cafes, in
which the fovereign himfelf interferes. But by whom-
foever this kind of juftice is adminiftered, it ought to
be done fpeedily, impartially, and without expence to
the parties.
4. Ariftides being judge between two private per¬
fons, one of them declared, that his adverfary had
greatly injured Ariftides. “ Relate rather,, good friend
(faid he, interrupting him), what wrong he hath done
thee} for it is thy caufe, not mine, that I now fit
judge of.”—Again : Being defired by Simonides, a
poet of Chios, who had a cajale to try before him, to
ftretch a point in his favour, he replied, “ As you
would not be a good poet if your lines ran contrary to
the juft meafures and rules of your art; fo I ftiould
neither be a good judge nor an honeft man if I decided
aught in oppofition to law and juftice.”
5. Artabarzanes, an officer of Artaxerxes king of
Perfia, begged his majefty to confer a favour upon him j
which if complied with would be an aeft of injuftice.
The king being informed that the promife of a confi-
fiderable fum of money was tke only motive that in¬
duced the officer to make fo unreafonable a requeft,
ordered his treafurer to give him thirty thoufand da-
riufes, being a prefent of equal value with that which
he wras to have received. Giving him the order for
the money, “ Here, take (fays the king) this token
of my friendfhip for you : a gift of this nature cannot
make me poor; but complying with your requeft
would make me poor indeed, for it would make me un-
juft.”
6. Cambyfes king of Perfia was remarkable for
the feverity of his government and his inexorable re¬
gard to juftice. The prince had a particular favourite
whom he made a judge •, and this judge reckoned him¬
felf fo fecure in the credit he had with his mafter, that
without any more ado caufes were bought and fold in
the
JUS [ 408 ] JUS
. the courts of judicature as openlj- as provifions in the audience. Tile fervant knew his diftance when mat- JnSice.
market. But when Cambyfes was informed of thefe ters of (late were to be' debated j and the governor ^—v—-
proceedings, enraged to find his friendship fo ungrate- laying aiide the air with which he had aopeared in
i-udy abated, the honour o. Ins government proftituted, public, began to be the fupplicant, and to rally an
and the liberty and property of his fnbjeas facrificed to affliction which it was in her power eafdy to remove,
the avarice of his wretched minion, he ordered him to She eafily perceived his intention j and, bathed in
be ieized and publicly degraded ; alter which he com- tears, began to deprecate fo xvicked a deficm. Luft,
manded his Ikin to be Itripped over his ears, and the like ambition, takes all the faculties of the mind and
feat of judgement to be covered with it as a warning to body into its fervice and fubjeftion. Her becoming
others. At the fame time, to convince the world that tears, her honeft anguiih, the wringing of her hands
tins feventy proceeded only from the love of juftice, he and the many changes of her poflure and figure in the
permitted the fon to fucceed his father in the honours vehemence of fpeaking, were but fo many attitudes in
and efflee of prime miniller. which he beheld her beauty, and farther incentives of
7* vV ben Cliarles (lu^e ot Burgundy, furnamed the his defire. All humanity was loft in that one appetite*'
EoU, reigned over fpacious dominions, now fwallow- and he fignified to her in fo many plain terms, that he
ed up by the power of France, he heaped many fa- was unhappy till he poileffed her, and nothing lefs
vqurs and ^ honours upon Claudius Rynfauk, a Ger- fliould be the price cf her hulhand’s life ; and (he
man, who had ferved him in his wars againft the in- mutt, before the following noon, pronounce the death
luits of his neighbours. The prince himfelf was a or enlargement of Danvelt. After this notification
per fon ^ of lingular humanity and juttice; and being when he faw Sapphira enough diftrafted to make the
prepofleffed m favour of Rynfault, upon the deceafe of fubjeft of their difeourfe to common eyes appear dif-
tne governor of the chief town of Zealand gave him that ferent from what it was, he called his fervants to con-
command. He was not long feated in^ that govern- du& her to the gate. Loaded with infupportable
ment before he call: his eyes upon Sapphira, a woman affli&ion, the immediately repairs to her huffland and
ot exquifite beauty, the wife of Paul Danvelt, a having fignified to the gaolers that (he had a propofal
wealtny merchant of the city under his protection to make to her hufband from the governor, the was
and government. Rynfault was a man of a warm left alone with him, revealed to him all that had
conttitution,. and violent^ inclination to women. He palled, and reprefented the endlefs conflidl ffle was in
knew what it was to enjoy the fatisfaflions which are between love to his perfon and fidelity to his bed. It
reaped ftom the poffeffion. of beauty 5 but was an ut- is eafy to imagine the iharp affliction this honeft pair
ter ttranger to the decencies, honours, and delicacies, were in upon fuch an incident, in lives not ufed to
Uat attend the paffion toward them in elegant minds, any but ordinary occurrences. The man was bridled
lie could uith his tongue utter a pafflon with which by fliame from fpeaking what his fear prompted upon
Ins heart was wholly untouched. In fhort, he was fo near an approach of death 5 but let fall words that
one of thofe brutal minds which can be gratified with fignified to her, he thould not think her polluted
tne violation of innocence and beauty, without the though fhe had not confeffed to him that the governor
naif pity, pafflon, or love for that with which they are had violated her perfon, lince he knew her will had no
to delighted. ^ part in the affion. She parted from him with this
Rynfault being refolved to accomplifh his wall on oblique permiffion, to fave a life he had not refolution
-tne wife of XJanvelt, left no arts untried to get into enough to refign for the fafety of his honour,
a familiarity at her houfe ; but fhe knew his charadfer The next morning the unhappy Sapphira attended
and difpofition too well not to flnin all occafions that the governor, and being led into a remote apartment,
mighty eiifware her into his converfation. i he gover- fubnwtted to his defires. Rynfault commended her
nor, despairing of fuccefs by ordinary means, appre- charms; claimed a familiarity after what had paffed
bended and imprifoned her hufband, under pretence of between them j and with an air of gaiety, in the
an information that he was guilty of a correfpqndence language of a gallant, bid her return and take her
avith the enemies of the duke to betray the town into hufband out of prifon : but, continued he, my fair
their pofleihon. ^ 1 his defign had its defired effedt; one mutt not be offended that I have taken care he
and the wife of the unfortunate Danvelt, the day be- fhould not be an interruption to our future aflignations.
fore that which was appointed for his execution, pre- Thefe laft words foreboded what fhe found when fhe
fented herfelf in the hall of the governor’s houre, and -came to the gaol, her hufband executed by the order of
as he paffed through the apartment threw herfelf at Rynfault.
his feet, and holding hL knees,, befeeched his mercy. It was remarkable, that the woman, who was full
Rynfault beheld her with a diliembltrd fatisfadlion j of tears and lamentations during the whole courfe of
and affuming an air of thought and authority, he bid her afflidtion, uttered neither figh nor complaint, but
her rile, and told her fhe mutt follow him to his clo- flood fixed with grief at this confummation cf her
fet ; and afking her whether fhe knew the hand of the misfortunes. She betook herfclf to her abode ; and,
letter he pulled out of his pocket, went from her, after having in folitude paid her devotion to Hi n who
leasing this admonition aloud: “ If you would fave is the avenger of innocence, fhe repaired privately to
your hufband, you mutt give me an account of all you court. Her perfon, and a certain grandeur of forrow
know, without, prevarication ; for every body is fa- negligent of forms, gained her paffage into the prefence
tisfied that he is too fond of you to be able to hide of the duke her fovereign. As foon as fhe came into the
from you the names of the reft of the confpirators, prefence, fhe broke forth into the following words:
or any other particulars whatfoever.” He went to “ Behold, O mighty Charles, a wretch weary of life,
his clofet, and foon after the lady was Cent for to an though it has always been fpent with innocence and
3 virtue.
•T U S [ 409 ] JUS
Juftice. virtue. It is not in your power to redrefs my injuries,
^ but it is to avenge them ; and if the protediion of the
didreffed, and the puniihment of oppreffbrs, is a talk
worthy of a prince, I bring tiie duke of Burgundy
ample matter tor doing honour to his own great name,
and of wiping infamy off mine.” When the had fpoken
this, fhe delivered to the duke a paper reciting her
itory. He read it with all the emotion that indigna¬
tion and pity could raife in a prince jealous of his ho¬
nour m the behaviour of his officers and the profperity
of his fubje&s.
Upon an appointed day Rynfault was fent for to
court, and in the piefence of a few of the council
confronted by Sapphira. The prince afking, “ Do
you know that lady ?” Rynfault, as loon as he could
recover his furprife, told the duke he would marry
her, if his highnefs would pleafe to think that a repa¬
ration. The duke feemed contented with this anfwer,
and Hood by during the immediate folemnization of
the ceremony. At the conclufion of it he told Ryn¬
fault, “ Thus far you have done as conftrained by my
authority : I ffiall not be fatisfied of your kind ufage
of her, without you lign a gift of your whole effate to
her after your deceafe.” To the performance of this
alfo the duke was a vritnefs. When thefe two acis
were executed, the duke turning to the lady, told
her, “ It now remains for me to put you in quiet
pofleffion of what your hulband has fo bountifully be-'
flowed on you j and ordered the immediate execution
of Rynfault.
8. One of the greateft of the Turkifh princes was
IViamood, or Mahmud, the Gaznevide. His name is
ffill venerable in the eafl ; and of the noble parts of his
character, a regard to juftice was not the leail. Of
this the following example is related by Mr Gibbon in
his Decline and Fall of the Roman Empire.—As he fat
in the divan, an unhappy fuhjed bowed before the
throne to accufe the inlolence of a Turkilh foldier who
had driven him from his houfe and bed. “ Sufpend
y°ur clamours (faid Mahmud) ; inform me of his next
vilit, and ourfeli in perfon will judge and puniih the
offender.” The fultan followed his guide •, invefted
the houfe with his guards} and extinguishing the
torches, pronounced the death of the criminal, who
had been feiz'.d in the ad! of rapine and adultery. Af¬
ter the execution of his Sentence, the lights were re¬
kindled, and Mahmud lell proffrate in prayer; then
rifing from the ground, he demanded fome homely
fare, which he devoured with the voracioufnefs of hun¬
ger. I ue poor man, whofe injury he had avenged,
was unable to fupprels his afloniihment and curiofity ;
and the courteous monarch condefcended to explain
the motives of this Angular behaviour. “ I had reafon
to fufpedl that none except one of my Sons could dare
tp perpetrate fuch an outrage ; and I extinguiflied the
lights, that my juilice might be blind and inexorable.
My praying w'as a thankfgiving on the difeovery of the
offender ; and fo painful was my anxiety, that I had
pafled three days without food fince the firft moment
of your complaint.”
9. In Bourgoanne’s Travels in Spain, vol. ii. p. 364.
the unioning anecdote is given of Peter III. of Caitile.
A canon of the cathedral of Seville, aftedled in his
diefs and particularly in his ihoes, could not find a
workman to his liking. An unfortunate llioemaker,
VOL.XI. Part II. ’
to whom he applied after quitting many others, hav¬
ing brought him a pair of ihoes not made to pleafe
his tafte, the canon became furious, and Seizing one
of the tools of the (hoemaker, gave him with it fo many
blows upon the head, as laid him dead upon the floor.
I he unhappy man left a widow, four daughters, and
a Son 13 years of age, the eldeft of the indigent family.
1 hey made their complaints to the chapter: the ca¬
non was profecuted and condemned not to appear in
the choir for a year. The young fhoemaker having
attained to man’s effate, was Scarcely able to get a
livelihood ; and overwhelmed with wretchednefs, fat
down on the day of a proceflion at the door of the
cathedral ol Seville in the moment the proceffion pafs-
ed by. Among!! the other canons he perceived the
murderer of his father. At the fight of this man, filial
affeclion, rage, and defpair, fo far got the better of
bis reafon, that he fell furioufly upon the prieft, and
itabbed him to the heart. The young man was Seized,
convidled of the crime, and immediately condemned
to be quartered alive. Peter, whom we call the Cruel,
and whom the Spaniards, with more reafon, call the
layer of jufice, was then at Seville. The affair came to
his knowledge ; and after learning the particulars, he
determined to be himfelf the judge of the young (hoe-
maker. When he proceeded to give judgement, he firft
annulled the Sentence juft pronounced by the clergy :
and after alking the young man what profeflion he
was, “ I forbid you (faid he) to make ftioes for one
year to come.”
10. In Gladwin’s Hillory of Hindoftan, a Angular
fad! is related of the emperor Jehangir, under whofe
father Akber the Mogul empire in Hindoftan firft ob¬
tained any regular form. Jehangir fucceeded him at
Agra on the lad of Oaober.1605 ; and the firft or¬
der which he iffued on his acceflion to the throne was
for the conftrudlion of the golden chain of jufice. It
was made of pure gold, and meafured 30 yards, con-
fifling of 60 links, weighing four maunds of Hindo¬
ftan (about 400 pounds avoirdupois). One end of this
chain was fufpended from the royal baftion of the for-
trefs of Agra, and the other faftened in the ground
near the fide of the river. The intention of this ex¬
traordinary invention was, that if the officers of the
courts of law were partial in their decifions, or dilatory
in the adminiftration of juftice, the injured parties
might come themfelves to tin’s chain ; and making a
noife by (baking the links of it, give notice that they
were waiting to reprefent their grievances to his ma-
jefty.”
Justice is alfo an appellation given to a perfon de¬
puted by the king to adminifter juftice to his fubjedls,
whofe authority arifes from his deputation, and not
by right of magiftracy.
Of thefe juftices there are various kinds in England;
viz.
Chief Justice of the King's Bench, is the capital
juftice of Great Britain, and is a lord by his office. His
bufinefs is chiefly to hear and determine all pleas of
the crown ; thatxis, fuch as concern offences againd
the crown, dignity, and peace of the king; as trea-
fons, felonies, &c. This officer was formerly not only
chief juftice, but alfo chief baron for the exchequer,
and mailer of the court of wards. He ufually fat in
the kftig’s palace, and there executed that office, for-
3 F merly
Juftice.
JUS f 41
tnfriy pei foriiicd per comitern pa/ain ; he determined in
that place all the differences happening between the
barons and other great men. He had the prerogative
of being vicegerent of the kingdom whenever the king
went beyond fea, and was ufually chofen to that of¬
fice out of the prime nobility 5 but his power was re¬
duced by King Richard I. and King Edward I. His
office is now divided, and his title changed from capi-
talu Anglice jujlitiarius, to capitalis jujiitiarius ad p/a-
cita coram rege tenaida, or capitalis jujiiliarius band
regii.
Chief justice of the Common Pleas, he who with his
affillants hears and determines all caufes at the com¬
mon law ; that is to iay, all civil caufes between com¬
mon perfons, as well perfonal as real; and he is alfo a
lord by his office.
Justice of the Foreji, is a lord by his office, who has
power and authority to determine offences committed
in the kmg’s forefts, &c. which are not to be deter¬
mined by any other codrt of juftice. Of thefe there
are two j whereof one has jurifdiftion over all the fo¬
refts on this fide Trent, and the other beyond it.
By many ancient records, it appears to be a place
of great honour and authority, and is never beftowed
but on feme perfon of great diftindlion. The court
where this juftice fits is called the jitfice feat of the fo-
ref, held once every three years, for hearing and de¬
termining all trefpaffes within the foreft, and all claim
of franchifes, liberties, and privileges, and all pleas and
caufes whatfoever therein arifing. This court may fine
and imprilbn for offences within the foreft, it being a
court of record j and therefore a writ of error lies from
hence to the court of king’s bench. The laft court
of juftice feat of any note was that held in the reign
of Charles I. before the earl of Holland. After the
Reftoration another was held for form’s fake before the
earl of Oxford ; but fince the Revolution in 1668, the
foreft laws have fallen into total difufe, to the great
advantage of the fubjeft.
This is the only juftice who may appoint a deputy :
he is alfo called in eyre of the foref.
Justices of Affixe, were fuch as were wont by fpe-
cial commiffion to be fent into this or that county
to take affizes, for the eafe of the fubjehls. For,
tvhereas thefe aftions pafs ahvays by jury, fo many
men might not without great damage and charge be
brought up to London j and therefore juftices, for this
purpofe, by commiffions particularly authorized, were
fent down to them. Thefe continue to pafs the cir¬
cuit by two and two twice every year through all
England, except the four northern counties, where
they go only once, defpatching their feveral bufineffes
by feveral commiffions j for they have one commiffion
to take affizes, another to deliver gaols, and ano¬
ther of oyer and terminer. In London and Middlefex
a court of general gaol-delivery is held eight times in
the year.
All the juftices of peace of any county wherein the
affizes are held, are bound by law to attend them, or
elfe are liable to a fine } in order to return recogni¬
zances, &c. and to affift the judges in fuch matters as
lie within their knowledge and jurifdi&ion, and in
which feme of them have been probably concerned,
by way of previous examination. See Assizes and
Jury.
o ] JUS
Justices m Eyre {jiflicianiitinerantes, or errantes), JuRiee.
weie thole who were anciently lent with commiftion 1——'v—*-
into divers counties to hear fuch caufes efpecialiy as
were termed pdeas of the crown ; and that for the eafe
ot the iubjeci, who tnuft elfe have been hurried to the
courts of Vv eftminfter, if the cau'es were too high for
the county courts.
According to feme, thefe juftices were fent once in
feven years j but others will have them to have been
lent oftener. Camden fays, they wrere inftituted in
the reign of King Henry II. A. D. 1184 j but they
appear to be of an older date.
^ I hey were fomevvhat like our juftices of affize at
this day ; though for authority and manner of pro¬
ceeding very difterent.
Justices of Gaol-Delivery, thofe commiffioned to
hear and determine caufes appertaining to fuch as for
any offence are call into prilon. Juftices of gaol-de¬
livery are empowered by the common law to proceed
upon indidlments of felony, trefpafs, &c. and to order
execution or reprieve ; and they have power to dif-
charge fuch prifoners as upon their trials ihall be ac¬
quitted ; alfo all fuch again!! whom, on proclamation
made, no evidence appears to indi£l ; which juftices
of oyer and terminer, &c. may not do. 2. Hawk. 24,
25. But thefe juftices having nothing to do with any
perfon not in the cuftody of the pnfon, except in !ome
fpecial cafes; as if iome of the accomplices to a fe¬
lony may be in fuch prifon and fome of them out of
it, the juftices may receive an appeal again!! thofe who
are out of the prifon as well as tliofe who are in it \
which appeal, after the trial of fuch prifoners, ffiall be
removed into B. R. and procefs iffue from them againfl
the reft. But if thofe out of prifon be omitted in the
appeal, they can never be put into any other j becaufe
there can be but one appeal for the felony. In this
way the gaols are cleared, and all offenders tried, pu-
nilhed, or delivered, in every year.—Their commiffion
is turned over to the juftices of affize.
Justices of Nifi Prius, are now the fame with juf~
tices of ajjixe. It is a common adjournment of a caufe
in the common pleas to put it off to fuch a day, Nl/i
pnus juf iciarivenerint adeas partes adcapiendas ajixas:
from which claufe of adjournment they are called jufiices
of nifi priits, as well as jufices of affile, on account of
writ and a6lions they have to deal in.
Justices of Oyer and Terminer, were juftices deputed
on lome Ipecial occafions to hear and determine parti¬
cular caufes.—Ehe coromiffion of oyer and terminer
is direfted to certain perfons upon any infurre&ion,
heinous demeanor, or trefpafs committed, who mult
firft inquire, by means of the grand jury or inquelt,
before they are empowered to hear and determine by
the help of the petit jury. It was formerly held, that
no judge or other lawyer could ad in the commiffion
of oyer and terminer, or that of gaol-delivery, with¬
in the county where he was born or inhabited ; but it
was thought proper by 12 Geo. II. cap. 27. to allow
any man to be a juftice of oyer and terminer and gene¬
ral gaol-delivery within any county of England.
Justices of the Peace are perfons of intereft and cre¬
dit, appointed by the king’s commiffion to keep the peace
of the county where they live.
Of thefe Tome for fpecial refped are made of the
quorum fo as no bufinefs of importance may be de-
fpatched
JUS [4
juftlce. fpatched 'witliout the prefence or affent of them or
““v one of them. However, every juftice of peace hath a
feparate power, and his office is to call before him,
examine, iflfue warrants k»r apprehending, and commit
to prifon, all thieves, murderers, wandering rogues;
thofe that hold confpiracies, riots, and aimed, all delin¬
quents which may occafion the breach of the peace
and quiet of the fubjedl ; to commit to prifon fuch as
cannot find bail, and to fee them brought forth in due
time to trial •, and bind over the profecutors to the af-
fizes. And if they negleft to certify examinations and
informations to the next gaol delivery, or do not bind
over profecutors, they ffiould be fined. A judice may
commit a perfon that doth a felony in his own view,
without a warrant; but if on the information of ano¬
ther, he mud make a warrant under hand and feal for
that purpofe. If complaint and oath be made before
a judice of goods dolen, and the informer, fufpefling
that they are in a particular houfe, (hows the caufe of
his fufpicion, the judice may grant a warrant to the
condable, &c. to fearch in the place fufpe&ed, to
feize the goods and perlbn in whofe cudody they are
found, and bring them before him or fome other juf-
tice. The fearch on thefe warrants ought to be in
the day time, and doors may be broke open by con-
ftables to take the goods. Judices of peace may make
and perfuade an agreement in petty quarrels and
breaches of the peace, where the king is not entitled to
a fine, though they may not compound offences or take
money for making agreements. A judice hath a dif-
cretionary power of binding to the good behaviour j
and may require a recognizance, with a great penalty of
one for his keeping of the peace, where the party bound
is a dangerous perfon, and likely to break the peace,
and do much mifehief and for default of fureties he
may be committed to gaol. But a man giving fecu-
rity for keeping the peace in the king’s bench or chan¬
cery, may have a fuperfedeas to the jutbees in the coun¬
ty not to take fecurity ; and alfo by giving furety of
the peace to any other judice. If one make an affault
upon a judice of peace, he may apprehend the offend¬
er and commit him to gaol till he finds fureties for
the peace ; and a judice may record a forcible entry
on his own poffeffion ; in other cafes he cannot judge
in his own caufe. Contempts againd judices are pu-
nidiable by indictment and fine at the feffions. Juf-
tices lhall not be regularly punifiied for any thing done
by them in feffion as judges; and if a judice be tried
for any thing done in his office, he may plead the ge¬
neral iffue, and give the fpecial matter in evidence j
and if a verdiCl is given for him, or if the plaintiff be
nonfuit, he diall have double cods; and fuch aftion
ihall only be laid in the county where the offence is
committed, 7 Jac. 5. 21 Jac. cap. 12. But if they
are guilty of any miidemeanor in office, informa¬
tion lies againd them in the king’s bench, where they
(hall be punidied by fine and imprifonment ; and all
perfons who recover a verdift againd a judice for any
wilful or malicious injury, are entitled to double
cods. By 24 Geo. II. cap. 44. no writ fliall be died
out againd any judice of peace, for any thing done
by him in the execution of his office, until notice in
writing (hall be delivered to him one month before the
fuing out of the fame, containing the caufe of aClion,
&.c. within which month he may tender amends; -and
1 ] JUS
if the tender be found fufficient, he (hall have a verdief, Juftice.
&c. Nor diall any a£!ion be brought againd a juf-
tice for any thing done in the execution of his office,
unlefs commenced within fix months alter the aid com¬
mitted.
A judice is to exercife his authority only within the
county where he is appointed by his commiffion, not
in any city which is a county of itfelf or town corporate,
having their proper judices, &c. but in other towns and
and libeities he may. The power and office of judices
terminates in fix months after the demife of the crown,
by an exprefs writ of difeharge under the great feal, by-
writ ofJuperfedeas, by a new commiffion, and by ac~
ceffion of the office of ffierift' or coroner.
The original of judices of the peace is referred to
the fourth year of Edward III. They were fird called
converfators, or warde?is of the peace, elected by the
county, upon a writ directed to the (heriff: but the
power of appointing them was transferred by datutes
from the people to the king ; and under this appella¬
tion appointed by x Edw. III. cap. 16. Afterwards
the datute 34 Edxv. III. cap. I, gave them the power
of trying felonies, and then they acquired the appella¬
tion of juf ice. They are appointed by the king’s
fpecial commiffion under the great feal, the form of
which was fettled by all the judges, A. D. 1590 ; and
the king may appoint as many as he (hall think fit in
every county in England and Wales, though they are
generally made at the diferetion of the lord chancellor,
by the king’s leave. At fird the number of judices
was not above two or three in a county, 18 Edw. III.
cap. 2. Then it was provided by 34 Edw. III. cap. 1.
that one lord, and three or four of the mod worthy
men in the county, with fome learned in the law, fhould
be made judices in every county. The number was
afterwards redrained fird to fix and then to eight, in
every county, by 12 Ric. II. cap. 10. and 14 Ric. II.
cap. 11. But their number has greatly increafed fince
their fird inditution. As to their qualifications, the
datutes jud cited direct them to be of the bed repu¬
tation and mod worthy men in the county ; and the
datute 13 Ric. II. cap. 7. orders them to be of the
mod fufficient knights, efquires, and gentlemen of the
law ; and by the 2 Hen. V. dat. 1. cap. 4. and dat. 2.
cap. i. they mud be refident in their feveral coun¬
ties. And by 18 Hen. VI. cap. 11. no judice was to
be put in commiffion, if he had not lands to the value
of 20I. per annum. It is now enaefed by 5 Geo. II.
cap. 11. that every judice fliall have 1001. per annum
clear of all deductions ; of which he mud make oath
by 18 Geo. II. cap. 20. And if he acts without fuch
qualification, he (hall forfeit 100I. It is alfo provided
by 5 Geo. II. that no praClifing attorney, folicitor, or
proftor, (hall be capable of aCling as a judice of the
peace.
'Justices of Peace wiihin Liberties, are judices of
the peace who have the fame authority in cities or other
corporate towns as the others have in counties; and
their power is the fame; only that thefe have the affize
of ale and beer, wood and victuals, &c. Judices of
cities and corporations are not within the qualification
aft, 5 Geo. II. cap. 18.
Fountain of Justice, one of the charafters or attri¬
butes of the king. See PREROGATIVE.
By the fountain of judice the taw does not mean the
3 F 2 author
Jo ft ice.
JUS [4
author or orrgina/, but only the diflrlhutor. Juftice is
the king, as from his free gift; but
not derived from
he is tiie fteward of the public, to di/penfe it To whom
it is due. He is not the fpring, but the refer voir 1 from
whence right and equity are conduced, by a thou-
land channels, to every individual. The original power
or judicature, by the fundamental principles of fociety
is lodged m the fociety at large : but as it would be’
impracTicaole to render complete judice to every indi¬
vidual, by the people in their colieftive capacity/there¬
fore every nation has committed that pow/r to certain
kledt magidrates, who with more eafe and expedition
can hear and determine complaints : and in England
this authority has immemorialiy been exercifed by the
k»ng or his fubftitutes. He therefore has alone the
ngln of eredling courts of judicature : for though the
comb tut ion of the kingdom hath intruded him with the
whore executive power of the laws, it is impoflible, as
well as improper, that he fhould perfonally carry into
execution this great and extenfive trull : it is confequent-
ly neceflary that courts fhould be creeled, to affill him
In executing this powTer j and equally necelfary, that, if
erefted, they Ihould be eredled by his authority. And
hence it is, that all jurifdidlions of courts are either me¬
diately or immediately derived from the crown ; their
proceedings run generally in the king’s name, they pafs
under his feal, and are executed by his officers.
It is probable, and almoft certain, that in very early
times, before our conftitution arrived at its full perfec¬
tion, our kings in perfon often heard and determined
caufes between party and party. But at prefent, by
the long and uniform ufage of many ages, our kings
.ave delegated their whole judicial powrer to the judges
^ie*r feveral courts ; which are the grand depolitory
of the fundamental law’s of the kingdom, and have gain¬
ed a known and ftated jurifdiaion, regulated by certain
and eftabliffied rules, which the crown itfelf cannot
novy alter but by aft of parliament. And in order to
maintain both the dignity and independence of the
judges in the fuperior courts, it is enadted by the ilatute
13 W. HI. c. 2. that their commiffions ffiall be made,
not, as formerly, durante bcneplacito, but quamdiu
bctiefe gejferint, and their falaries afeertained and efta-
blifhed ; but that it may be lawful to remove them on
the addrefs of both houfes of parliament. And now,
by the noble improvements of that law in the ftatute of
1 Geo. III. c. 23. enadled at the earned; recommenda¬
tion of the king himfelf from the throne, the judges are
continued in their offices during their good behaviour,
notwithftanding any demife of the crown (which was
formerly held immediately to vacate their feats), and
their full falaries are abfolutely fecured to them during
the continuance of their commiffions j his majeily hav¬
ing been pleafed to declare, that “ he looked upon the
in dependence and uprightnefs of the judges, as effential
to the impartial adminiftration of juftice ; as one of the
beft lecurities of the rights and liberties of his fub-
jects ; and as mod conducive to the honour of the
crown.”
In. criminal proceedings or profecutions for offen¬
ces, it would dill be a higher abfurdity, if the kinp-
perfonally fat in judgment \ becaufe in regard to thefe
he. appears in another capacity, that of projecutor. All
ofrences aie either agamfl the king’s peace or his
crortn and dignity j and are fo laid in every indidl-
12 1 JUS
ment. lor though in their confequences they gene- Tuflie.
ra ly ieem (except in the cafe of treafon and a very few
otbers) to be rather offences againft the kingdom than
tlie king ; yet as the public, which is an invffible bo-
c y, has delegated all its power and rights, with regard
to the execution of the laws, to one vifible magiftrate
all affronts to that power, and breaches of thofe rights
are immediately offences againft him, to whom they
are lo delegated by the public. He is therefore the
proper peifon to profecute for all public offences and
breaches of the peace, being the perfon injured in the
eye of the law. And this notion was carried fo far in
toe old Gothic conftitution (wherein the kin? was
bound by his coronation oath to conferve the p/ace)
that in cafe of any forcible injury offered to the perfon
ot, a fellow fubJe&, the offender was accufed of a kind
°t perjury, m having violated the king’s coronation
oacnj dicebatur fregiffejuramentum regis juratum. And
hence alfo anfes another branch of the prerogative, that
o\ pardoning offences 5 for it is reafonable, that he onlv
Wio is injured fiiould have the pow’er of foraivincr. See
In this diffimff and feparate exiftence of the judicial
power, in a peculiar body of men, nominated indeed,
but not removable at pleafure, by the crown, conliffs
one mam preferyative of the public liberty ; which can¬
not luodft long m any ftate, unlefs the adminiftration of
common ju.ftice be in fome degree leparated both from
the legiflative and alfo from the executive power Were
it joined with the legiflative;, the life, liberty, and pro¬
perty of the fnbjedf would be in the hands of arbitrary
judges, whofe decifions would be then regulated only
by their own opinions, and not by any 'fundamental
principles of law ; which, though legiflators may depart
from, yet judges are bound to obferve. Were it joined
with the executive, this union might foon be an over¬
balance for the Jegiflative. For which reafon, by the
ifatute of 16 Car I. c. 10. which aboliihed the court of
ftar-chamber, effeftual care is taken to remove all judi¬
cial power out of the hands of the king’s privy-council ;
who, as .then was evident from recent inftances, might
loon be inclined to pronounce that for law which was
moft agreeable to the prince or his officers. Nothing
therefore.is more to be avoided in a free conftitution
than uniting the provinces of a judge and a minifter of
ate. And indeed, that the abfolute power, claimed
and exercifed in a neighbouring nation, is more tolera¬
ble than that of the eaftern empires, is in a great mea-
iure owing to their having veiled the judicial power in
their parliaments; a body feparate and diftimft from
both the legiflative and executive : and if ever that na¬
tion recovers its former liberty, it will owe it to the ef¬
forts of thofe affemblies. In Turkey, where every
thing is centered in the fultan or his minifters, defpotic
power is in its meridian, and wears a more dreadful af-
peft.
A confeque.nce of this prerogative is the legal ubi¬
quity of the king. . His majefty, in the eye of the law,
is always prefent in all his courts, though he cannot
perfonally diftri.bute juftice.. His judges are the mirror
by which the king’s image is rededted. It is the regal
office, and not the royal perfon, that is always prefent
in court, always ready to undertake profecutions or
pronounce judgement, for the benefit and protedion of
the iubjea. And from this ubiquity it follows, that
the
jaftke
SI
fuftin
JUS [4'
the king c?.n never be nonfuit j for a nonfuit is the de-
fertion of the fait or action by the non-appearance of
the plaintiff in court. For the fame reafon alfo, in the
forms of legal proceedings, the king is not laid to ap¬
pear by his attorney, as other men do •, for he always
appears, in contemplation of law, in his own proper per-
fon.
From the fame original, of the king’s being the
fountain of juftice, we may alio deduce the prerogative
of iffuing proclamations, which is veiled in the king
alone. See Proclamation.
Justice Seat. See Forest Courts.
JUSTIC1A, malabar nut \ a genus of plants be¬
longing to the diandria clafs •, and in the natural me¬
thod ranking under the 40th order, Perfonatce. See
Botany Index.
JUSTICIAR, in the old Englith laws, an officer
inllituted by William the Conqueror, as the chief offi¬
cer of Hate, who principally determined in all cafes ci¬
vil and criminal. He was called in Batin Capitalis Ju~
Jhciarnts totius Anghce. For Justiciar in Scotland,
fee Law Index.
Justiciary, or Court of Justiciary, in Scotland.
See Law Index.
JUSTIFICATION, in Lavo, fignifies a maintain¬
ing or flowing a fufficient reafon in court why the de¬
fendant did what he is called to anlwer. Pleas in
juiFihcation mull fet forth fome fpecial matter : thus
on being fued for a trefpafs, a perlbn may juftify it by
proving, that the land is his own freehold •, that he
entered a houfe in order to apprehend a felon ; or by
virtue of a warrant, to levy a forfeiture, or in order to
take a diftrefs ; and in an alfault, that he did it out of
neceffity.
Justification, in Theology, that a£f of grace which
renders a man juft in the fight of God, and worthy of
eternal happinefs. See Theology.
The Romanifts and Reformed are extremely divided
about the doblrine of juftification } the latter contend¬
ing for juftification by faith alone, and the former by
good works.
JUSTIN, a celebrated hiftorian, lived, according to
the moft probable opinion, in the fecond century, under
the reign of Antoninus Pius. He wrote, in elegant
Latin, an abridgement of the hiftory of Trogus Pom-
peius 1 comprehending the abtions of almoft all nations,
from Ninus the founder of the Affyrian empire to the
emperor Auguftu-s. The original work, to the regret
of the learned, is loft : this abridgement, being written
in a polite and elegant ftyle, wTas probably the reafon
why that age neglebfed the original. The belt editions
of Juftin are, ad ufum Delphim, in 4to $ and cum nods
’variorum et Gronovii, in 8vo.
Justin, St, commonly called JuJlin Martyr, one of
theearlieft and moft learned writers of the ealtern church,
was born at Neapolis, the ancient Sechem of Paleitine.
His father Prifcus, a Gentile Greek, brought him up
in his own religion, and had him educated in all the
Grecian learning. To complete his ftudies he travelled
to Egypt ; and follow'ed the febf of Plato. But one
day walking by the fea fide, wrapt in contemplation, he
was met by a grave perfon of a venerable afpebf ; who,
falling into difcourfe with him, turned the converfation
by degrees from the excellence of Platonifm to the fu-
perior perfection of Chriftianity : and reafoned lb well,
3 ] JUS
as to raife in him an ardent curiofity to inquire into the Juftiman
merits of that religion ; in confequence of which mqui- ru^j^anj
ry he was converted about the year 132. On his em-  v—_
bracing that religion, he quitted neither the profeffion
nor the habit of a philofopher : but a perfecution break¬
ing out under Antoninus, he compofed An Apology for
the Chr/Jlians; and afterwards prefented another to the
emperor Marcus Aurelius, in which he vindicated the
innocence and holinefs of the Chriftian religion againfi:
Crefcens a Cynic philofopher, and other calumniators.
He did honour to Chriftianity by his learning and the
purify of his manners 5 and fuffered martyrdom in 167.
Befides his two Apologies, there are ftill extant his Dia ¬
logue with Trypho, a Jew j tw'o treatifes addreffed to
the Gentiles, and another on the unity of God. Other
works are alfo afcribed to him. The beft editions of
St Juftin are thofe of Robert Stephens, in 1551 and
1571, in Greek and Latin ; that of Morel, in Greek
and Latin, in 1656 ; and that of Don Prudentius Ma-
randus, a learned BenediAine, in 1742 in folio.
JUSTINIAN I. fon of Juftin the elder, wTas made
Ccefar and Auguftus in 527, and foon after emperor.
Fie conquered the Perfians by Belli anus his general,
and exterminated the Vandals j regained Africa ; fub-
dued the Goths in Italy 5 defeated the Moors ; and
reftored the Roman empire to its primitive glory. See
(Hiftory of) Constantinople, N° 93—97. and Ita¬
ly, N° 12, &c.
The empire being now in the full enjoyment of a.
profound peace and tranquillity, Juftinian made the
beft; ufe of it, by collecting the immenfe variety and
number of the Roman laws into one body. To this
end, he feleCted ten of the moft able lawyers in the em¬
pire *, who, reviling the Gregorian, Theodofian, and
Hermogenian codes, compiled one body, called Codex
JuJlinianus. This may be called the fatute law, as
confifting of the referipts of the emperors. But the
reduction of the other part was a much more difficult
talk : it vras made up of the decifions of the judges and
other magiftrates, together with the authoritative opi¬
nions of the moft eminent lawyers ; all which lay fcat-
tered, without any order, in no lefs than 2000 volumes
and upwards. Thefe were reduced to the number of
50 j but ten years were fpent in the reduCfion. How¬
ever, the defign was completed in the year 553, and
the name of D gefs or Pande&s given to it. Belides
thefe, for the ufe chiefly of young ftudents in the law,
to facilitate that ftudy, Juftinian ordered four books of
inftitutes to be drawn up, containing an abftraCJ or
abridgement of the text of all the laws: and, laftly,
the laws of modern date, pofterior to that of the for¬
mer, were thrown into one volume in the year 541,
called the Novellce, or New Code.
This emperor died in the year 565, aged 83, in the
39th of his reign, after having built a great number of
churches j particularly the famous Sanfta Sophia at
Conftantinople, which is efteemed a mafterpiece of ar¬
chitecture.
JUSTTNIANI, Sr Laurence, the firft patriarch
of Venice, was born there of a noble family in 1381.
He died in 1485 ; he left feveral religious works, which
were printed together at Lyons in 1568, in one volume
folio, with his life prefixed by his nephew. Cle¬
ment VII. beatified him in 1524, and he was canonized
by Alexander VIII. in 1699.
Justiniani,-,
j U V [41
Juftiniam JuSTIUlANl, Bernard, was born at Venice in 1408.
T . He obtained the fenator’s robe at the age of 19, ferved
.t: . the republic in feveral embaflies, and was ele£ted pro¬
curator of St Mark in 1474. He was a learned man,
and wrote the Hiftory of Venice, with fome other works
of confiderable merit ; and died in 1498.
JuSTINl ANT, AuguJHn, bifliop of Nebbio, one of the
moft learned men of his time, was defcended from a
branch of the fame noble family with the two foregoing •,
and was born at Genoa in 1480. He afiifted at the
fifth council of Lateran, where he oppofed fome articles
of the concordat between France and the court of
Rome. Francis I. of France made him his almoner :
and he was for five years regius profeffor of Hebrew at
Paris. He returned to Genoa in 1522, where he dif-
charged all the duties of a good prelate j and learning
and piety flourifhed in his diocefe. He perifhed at fea
in his paffage from Genoa to Nebbio, in 1536. He
compofed feveral pieces \ the moft confiderable of which '
is, Pfalterium Hebrceum, Greecum, Arabicum, et Chal-
cleurn, cum tribus Lat'mis interpretationibns et glojjis.
This was the firft pfalter of the kind printed j and there
is alfo afcribed to the fame prelate a tranflation of Mai-
monides’ More NevocMm.
JUSTNESS, the exa&nefs or regularity of any
thing.
Juftnefs is chiefly ufed in fpeaking of thought, lan¬
guage, and fentiments. The juftnefs of a thought
confifts in a certain precifion or accuracy, by which
every part of it is perfe&ly true, and pertinent to the
fubjedft. Juilnefs of language confifts in ufing proper
and well chofen terms; in not faying either too much
or too little. M. de Mere, who has written on juft¬
nefs of mind, diftinguifties two kinds of juftnefs $ the
one arifing from tafte and genius, the other from good
fenfe or right reafon. There are no certain rules to be
laid down for the former, viz. to fltow the beauty and
exa£tnefs in the turn or choice of a thought *, the latter
confifts in the juft relation which things have to one an¬
other.
JUTES, the ancient inhabitants of Jutland in Den¬
mark.
JUTLAND, a large peninfula, which makes the
principal part of the kingdom of Denmark. It is
bounded on the fouth-eaft by the duchy of Holftein, and
is furrounded on the other fides by the German ocean
and the Baltic fea. It is about 180 miles in length
from north to fouth, and 50 in breadth from eaft to
weft. The air is very cold, but wholefome ; and the
foil is fertile in corn and paftures, wdrich feed a great
number of beeves, that are fent to Germany, Holland,
and elfewhere. This was anciently called the Cimbrian
Cherfonefus, and is fuppofed to be the country from
whence the Saxons came into England. It is divided
into two parts, called North and South ’Jutland: the
latter is the duchy of Slefwick, and lies between North
Jutland and the duchy of Holftein } and the duke of
that name is in poffeflion of part of it, whofe capital
town is Gottorp, for which reafon the fovereign is call¬
ed the duke of Holjlein Gottorp.
JUVENAL, Decius Junius, the celebrated Ro¬
man fatirift, was born about the beginning of the empe¬
ror Claudius’s reign, at Aquinum in Campania. His
father was probably a freed man, who, being rich,
gave him a liberal education, and, agreeably to the
4 ] ■ J U X
tafte of the times, bred him up to eloquence ; in which Juvenal
he made a great progrefs, firft under Fronto the gram- ii
marian, and afterwards, as is generally conjectured, . Ju>-on-
under Quintilian j after which he attended the bar,
and made a diftinguilhed figure there for many years
by his eloquence. In the praCtice of this profeflion
he had improved his fortune and intereft at Rome be¬
fore he turned his thoughts to poetry, the very ftyle
of which, in his fatires, fpeaks a long habit of decla¬
mation •, fubactum redolent declamatorem, fay the cri¬
tics. It is faid he was above 40 years of age when he
recited his firft effay to a fmall audience of his friends j
but being encouraged by their applaufe, he ventured a
greater publication : wdiich reaching the ears of Paris,
Domitian’s favourite at that time, though but a panto¬
mime player, whom our fatirift had feverely infulted,
that minion made his complaint to the emperor 5 who
fent him thereupon into baniftiment, under pretence of
giving him the command of a cohort in the army,
which w’as quartered at Pentapolis, a city upon the
frontiers of Egypt and Libya.
After Domitian’s death, our fatirift returned to
Rome, fufficiently cautioned not only againft attack¬
ing the charaClers of thofe in power, under arbitrary
princes, but againft all perfonal reflections upon the
great men then living ; and therefore he thus wifely
concludes the debate he is fuppofed to have maintained
for a while with a friend on this head, in the firft fatire,
which feems to be the firft that he wrote after his ba¬
niftiment :
- Experiar quid concedatur in illos
Quorum Elaminia tegitur cinis atque Latina.
“ I will try what liberties I may be allowed with thofe
whofe afhes lie under the Flaminian and Latin ways,”
along each fide of which the Romans of the firft quality
ufed to be buried.—It is believed that he lived till the
reign of Adrian in 128. There are ftill extant 16 of
his fatires, in which he difcovers great wit, ftrength,
and keennefs, in his language : but his ftyle is not per¬
fectly natural; and the obfcenities with which thefe
fatires were filled render the reading of them dangerous
to youth.
JUVENCUS, Caius Vecticus Aquilinus, one of
the firft of the Chriftian poets, was born of an illuftrious
family in Spain. About the year 320 he put the life
of Jefus Chrift into Latin verfe, of which he compofed
four books. In this work he followed clofely the text
of the evangelifts : but his verfes are written in a bad
tafte, and in bad Latin.
JU VENT AS, in Mythology, the goddefs who pre-
fided over youth among the Romans. This goddefs
was long honoured in the Capitol, where Servius Tul¬
lius ereCled her ftatue. Near the chapel of Minerva
there w’as the altar of Juventas, and upon this altar a
piClure of Proferpine. The Greeks called the god¬
defs of youth Hebe; but it has been generally fup¬
pofed that this wras not the fame with the Roman Ju¬
ventas.
JUXON, Dr William, archbifhop of Canterbury,
was born at Chichefter in 1682. He was educated at
Merchant Taylors fchool, and from thence eleCled into
St John’s college, Oxford, of which he became prefi-
dent. King Charles I. made him bifhop of London ;
and in 1635 promoted him to the port of lord high
treafurer
J U X [ 4
Juson. treafurer of England. The whole nation, and efpeci-
*■“'%—ally the nobility, were greatly offended at this high of¬
fice being given to a clergyman j but he behaved fo
well in the adminiftration, as foon put a flop to all the
clamour raifed againff him. This place he held no
longer than the 17th of May 1641, when he prudently
refigned the Half, to avoid the Itorm which then threat¬
ened the court and the clergy. In the following Fe¬
bruary, an a£l paffed depriving the bilhops of their votes
in parliament, and incapacitating them from any tem¬
poral jurifdiction. In thefe leading fleps, as well as the
total abolition of the epifcopal order which followed, he
was involved with his brethren j but neither as a bifiiop
nor as treafurer w7as a fingle accufation brought again!!
him in the long parliament. During the civil w’ars,
he relided at his palace at Fulham, wdiere his meek, in-
offenfive, and genteel behaviour, notwithilanding his
remaining fteady in hir loyalty to the king, procured
him the vifits of the principal perfons of the oppofite
party, and refpe£l from all. In 1648, he attended his
rnajelly at the treaty in the ifie of Wight ; and by his
particular defire, w:aited upon him at Cotton houfe,
Wetlminfter, the day after the commencement of his
trial ; during which he frequently vifited him in the of¬
fice of a fpiritual father ; and his majefty declared he
was the greateft comfort to him in that affliclive fitua-
tion. He likevvife attended his majefty on the fcaffbld,
where the king taking off his cloak and George, gave
him the latter : after the execution, our pious biftiop
took care of the body, which he accompanied to the
royal chapel at Windfor, and flood ready with the com¬
mon-prayer book in his hands to perform the la ft cere¬
mony for the king j but was prevented by Colonel
Whichcot, governor of the caftle. He continued in
the quiet poffeffion of Fulham palace till the enfuing
year 1649, ^le was deprived, having been fpared
longer than any of his brethren. He then retired to
his own eftate in Gloucefterfhire, where he lived in
privacy till the Reftoration, when he w7as prefented to
the fee of Canterbury j and in the little time he en-
5 ] ■! V X
joyed it, expended in buildings and reparations at>Je.\-tapoiK-
Lambeth palace and Croyden houle near 15,000!. He tl|>.n
died in 1663 j having bequeathed 7000I. to St John’s jv'rX,
college, and to other charitable ufes near 5000. He ——y -J
publifhed a Sermon on Luke xviii. 31, and Some Con-
fiderations upon the Aft of Uniformity.
JUXTAPOSITION, is ufed by philofophers to
denote that fpecies of growth wThich is performed by
the appofition of new matter to the lurface or outfide
of old. In which fenfe it ftands oppofed to intvs-
fufcsption ; w'here the growth of a body is performed by
the reception of a juice within it diffufed through its
canals.
IVY. See Hedera, Botany Index.
IXIA, a genus of plants belonging to the triandria
clafs, and in the natural method ranking under the 6th
order, Enfata. See Botany Index.
IXION, in fabulous hiftory, king of the Lapithe,
married Dia the daughter of Deionius, to whom he re-
fufed to give the cultomary nuptial prefents. Deionius
in revenge took from him his horfes : when Ixion, dii-
fembling his refentment, invited his father-in-law to a
feaft, and made him fall through a trap door into a
burning furnace, in which he was immediately con-
fumed. Ixion being afterwards ftung with remorfe for
his cruelty, ran mad ; on which Jupiter, in compaflion,
not only forgave him, but took him up into heaven,
where he had the impiety to endeavour to corrupt Juno.
Jupiter, to be the better affured of his guilt, formed a
cloud in the relemblance of the goddels, upon which
Ixion begat the centaurs : but boafting of his happinefs,
Jove hurled him down to Tartarus, where he lies fixed
on a wheel encompaffed with ferpents, which turns
without ceafing.
IXORA, a genus of plants belonging to the tetran-
dria clafs ^ and in the natural method ranking under the
47th order, Stellate.
JYNX, a genus of birds belonging to the order of
picae. See Ornithology Index.
Kthe tenth letter, and feventh confonant, of our
9 alphabet •, being formed by the voice, by a gut¬
tural expreffion of the breath through the mouth, to¬
gether with a depreflion of the lower jaw and opening
of the teeth.
Its found is much the fame with that of the hard c,
or qu : and it is ufed, for the moft part, only before e,
*, and 0, in the beginning of words $ as ken, kill, know,
&c. It ufed formerly to be always joined with c at
the end of words, but is at prefent very properly omit¬
ted, at leaft in wmrds derived from the Latin : thus,
for publick, mujick, &c. wTe fay, public, mufic, &c. How¬
ever, in monofyllables, it is Hill retained, as jack, block,
mock, &c.
K is borrowed from the Greek kappa; and was but
little ufed among the Latins : Prifcian looked on it as
a fuperfluous letter 5 and fays, it was never to be ufed
except in w'ords borrowed from the Greek. Dauf-
quius, after Salluft, obferves, that it was unknown to
the ancient Romans.—Indeed we feldom find it in any
Latin authors, excepting in the word kalendce, where
it fometimes ftands in lieu of a c.—Carthage, howrever,
is frequently fpelt on medals with a K: salvis aug.
et caes FEE. kart, and fometimes the letter K alone
flood for Carthage.—M. Berger has obferved, that a
capital K, on the reverfe of the medals of the emperors
of Conftantinople, fignified Konjlantinus; and on the
Greek medals he will have it to fignify KOIAH 2TPIA,
“ Coelefyria.”
(Juintilitfn tells us, that in his time fome people had
st.
K A B [ 416 ] K A .)
a mifl'akevi notion, that wherever the letter c and a oc¬
curred at the beginning of a word, k ought to be ufed
inftead of the c. See C.
Lipfius obferve®, that K was a ftigma anciently
marked on the foreheads of criminals with a red-hot
iron.
The letter K has various frgnif cations in old char¬
ters and diplomas ; for indance, KR. ftocd for cho¬
rus, KR. C. for corn civitas. KRM, for carmen, KR.
AM. N. cams amicus nofler, KS. chaos, KT. copite ton-
fits, &c.
The French never ufe the letter h excepting in a
few terms of art and proper names borrowed from
other countries. Abianceurt, in his dialogue of the
letters, brings in h complaining, that he has been often
in a fair way to be banithed out of the French alpha¬
bet, and confined to the countries of the north.
K is alfo a numeral letter, fignifying 250, according
to the verfe ;
K quoque ducentos et quinquaginta tenehit.
When it had a ftroke at top, K, it dood for 250,000.
K on the French coinage denotes money coined at
Bourdeaux.
KAARTA, a kingdom in Africa, through w'hich
Mr Park paffed from the Gambia to the Niger. Ac¬
cording to him, the country conlifts of fandy plains and
rocky hills, the level part of it being the mod exten-
iive. It is inhabited by negroes, many of wdiom retain
all their ancient fuperftitions, although converted to the
religion of Mahomet. W7hite men, he informs us, are
ilrangers in the kingdom of Kaarta; and Mr Park’s ap¬
pearance had nearly the fame effect upon them which
ignorant people in our own country attribute to ghofts.
Mr Park was well received by the king at Kemmoo,
who at the fame time informed him with ingenuous
franknefs, that he could not proteft him, being then at
war with the king of Bambarra, but he gave him a
guard to Jarra, the frontier town of the neighbouring
kingdom of Ludamar. From our author’s account of
this war, it feems to be highly impolitic to liberate the
negroes from flavery till civilization and Chriftianity be
introduced into Africa. Kemmoo the metropolis of
this kingdom, lies in N. Lat. 14. J5. W. Long. 7. 20.
KAAT’s-BAAN, a town of New York, on the
weft bank of Hudfon’s river, feven miles fouth of
Kaat’s-Kill.
KAAT’s-KILL, a townftup of New York, on the
weft bank of Hudfon’s river; five miles fouth of Hudfon
city, and 125 north of New York. It contained 1645
citizens in 1795, of whom 345 w’ere ele61ors, and 305
flaves.
Kaat’s-kill Mountains, a majeftic ridge of
mountains in the vicinity of the above townfhip,
which are the firft part of the Alleghany mountains.
KABA. See Mecca.
KABOBIQUAS, a nation in the fouth of Africa,
who are reported never to have feen a white man till
the year 1785, when they were vifited by M. Vaillant.
On his approach, they felt his hair, hands, feet, and
almoft every part of his body. His beard aftonilhed
them, and they fuppofed that his whole body was co¬
vered with hair. The children were greatly alarmed,
but prefents of fugarcandy foon reconciled them. The
chief fhotved him every mark of refpe6I, whom he re-
2
Knatb
baan
, i!
K abobi-
prefents as a majeftic figure, with a long mantle made
of four jackal ikins. 1 he hair of the people is very
fhort, curled, and ornamented with fmall copper but¬
tons. Although they go almoft naked, the females
are remarkably cbafte, and very referved. Their only
ornaments are glafs beads. M, Vaillant affures us that
he never faw a nation fo dilintert fted, as they vied
with each other in generofity. Many of them gave
away gratuitoufly, and without receiving any thing in
return, part of their herds and flocks. They are alio
of a courageous and martial character, making ufe of
poifoned arrows and lances with long points. They
are extremely obedient to their chief, wdiofe will is a
lawn They believe in a fupreme being who governs ail
things, and wdro exifts far beyond the ftars. They have
no idea of a future exiftence, or of rewards and punifh-
ments, and have neither worfhfp, facrifices, ceremonies
nor priefts. Their country lies between 16° 25' and
and 19* 25' eaft of Paris, and between 230 and 25° S.
Lat.
KADESH, Kadesh-barnea, or En-mishpat, in
Ancient Geography, a city celebrated for feveral events.
At Kadefh, Miriam the ftfter of Mofes died (Numb,
xx. 1.). Here it was that Mofes and Aaron, fhowing
a diftruft in God’s powTer when they fmote the rock at
the waters of ftrife, wrere condemned to die, without
the confolation of entering the promifed land (Numb,
xxvii. 14.). 'The king of Kadefh was one of the prmces
killed by Jofhua (xii. 22.). This city was given to the
tribe of Judah, and w'as fituated about eight leagues
from Hebron to the fouth.
Mr Wells is of opinion, that this Kadefh, which
was fituated in the wdldernefs of Zin, was a different
place from Kadefh-barnea in the wildernefs of Pa-
ran.
KADMONTEI, or CadmoNvEI, in Ancient Geo¬
graphy, a people of Paleftine, faid to dwell at the foot
of Mount Hermon j which lies eaft, and is the reafon
of the appellation, with refpeft to Libanus, Phoenicia,
and the north parts of Paleftine. Called alfo Hevcei
(Mofes).
KASMPFERIA, zedoary, a genus of plants be¬
longing to the monandria clafs ; and in the natural me¬
thod ranking under the 8th order, Scitaminece. See
Botany Index.
KAJUAGA, a kingdom of Africa, bounded on the
fouth eaft and fouth by Bambouk; on the weft by
Bondon and Foota Torra ; and on the north by the
river Senegal. The air and climate are more pure and
healthy than at any of the fettlements towards the
coaft ; the face of the country is pleBfingly diverfified
with hills and valleys, and the windings of the river
Senegal make the fcenery on its banks extremely beau¬
tiful. The inhabitants are called Seraw'ooliies, who
have a jet black complexion, in which reipeft they are
not to be diftinguifhed from the Jaloffs. The govern¬
ment is monarchical, and the regal authority, accord¬
ing to Mr Park, is fufficiently formidable. The people
are deemed tolerably fair and juft in their dealings, and
indefatigable in their exertions to acquire wealth.
Their language abounds with gutturals, and therefore
not fo harmonious as that which is fpoken by the Fou-
lahs •, but it is worth a traveller’s while to obtain a
knowledge of it, as it is generally underftood in many
kingdoms of Africa. Joag is the frontier town, en¬
tering
K A L [ 417 ] K A L
Kainfi, tcring from Pifania, furrounded by a high wall, and is
Kalendar. fuppofed to contain 2000 inhabitants. It is iituated in
N. Lat. 14. 25. W. Long. 9. 46.
KAINSI, the Hottentot name of a fpecies of ante¬
lope, denominated by the Dutch, on account of its agi¬
lity, hlip-fpringer. It is of a' yellowKh-gray colour, and
of the fize of a kid of a year old. See Capra, Mam¬
malia Index.
KALENDAR, a diftribution of time, accommo¬
dated to the ufes of life ; or a table or almanack, con¬
taining the order of days, weeks, months, feafts, &c.
happening throughout the year. See Time, Month,
Year, &c.
It is called Calendar, from the word kalendce, ancient¬
ly wrote in large charafters at the head of each month.
See Kalends.
The days in kalertdars were originally divided into
odioades, or eights j but afterwards, in imitation of the
Jew's, into hebdomades, or fevens *, which cuflom, Sca-
liger obferves, was not introduced among the Romans
till after the time of Theodofius.
There are divers kalendars, according to the differ¬
ent forms of the year and diftributions of time efta-
blilhed in different countries. Hence the Roman, the
Jewifh, the Perlian, the Julian, the Gregorian, &c.
kalendars.
The ancient Roman kalendar is given by Ricciolus,
Struvius, Danet, and others ; by which we fee the or¬
der and number of the Roman holidays and work days.
The three Chriftian kalendars are given by Wolfrus
in his Elements of Chronology.
The Jewiih kalendar was fixed by Rabbi Hillel about
the year 360, from which time the days of their year
may be reduced to thofe of the Julian kalendar.
The Roman Kalendar owed its origin to Romulus ;
but it has undergone various reformations fince his
time. That legiflator diftributed time into feveral pe¬
riods, for the ufe of the people under his command :
but as he was much better verfed in matters of war
than of aftronomy, he only divided the year into ten
months, making it begin in the fpring, on the firft of
March ; imagining the fan made his courfe through ail
the feafons in 304days.
Romulus’s kalendar was reformed by Numa, who
added two months more, January and February; pla¬
cing them before March : fo that his year confided of
355 days, and began on the firft of January. He chofe,
how’ever, in imitation of the Greeks, to make an in¬
tercalation of 45 days ; which he divided into two parts;
intercalating a month of 2 2 days at the end of each
two years ; and at the end of each two years more
another of 23 days ; which month, thus interpoled, he
called Marcedomus, or tlie intercalary February.
But thefe intercalations being ill obferved by the
pontiffs, to whom Numa committed the care of them,
occafioned great dftorders in the conftitution of the
year ; which Cnefar, as fovereign pontiff, endeavour¬
ed to remedy. To this end, he made choice of Sofi-
genes, a celebrated aftronomer of thofe times ; who
found, that the difpenfation of time in the kalendar
could never be fettled on any fure footing without hav-
hig regard to the annual courfe of the fun. Accord-
ingly, as the fun’s yearly courfe is performed in 365
days fix hours, he reduced the year to the fame num¬
ber of days : the year of this correflion of the kalen-
Vol. XI. Part II.
dar was a year of confufion ; they being obliged, in
order to fwallow up the 65 days that had been im
prudently added, and which occafioned the confufion,
to add two months befides the Marcedonius, which
chanced to fall out that year; fo that this year coti-
fifted of 15 months, or 445 days. This reformation
was made in the year of Rome 708, 42 or 43 years be¬
fore Chrift.
The Roman kalendar, called alfo Julian kalendar,
from its reformer Julius, is dilpofed into quadriennial
periods; whereof the firft three year’s, which he called
communes, confift of 365 days; and the fourth, bijfextile,
of 366 ; by reafon of the fix hours, which in four years
make a day or fomewhat lefs, for in 134 years an inter¬
calary day is to be retrenched. On this account it was,
that Pope Gregory XIII. with the advice of Clavius
and Ciaconius, appointed, that the hundredth year ox
each century fhould have no biffextile, excepting in
each fourth century : that is, a fubtraflion is made of
three biffextile days in the fpace of four centuries ; by
reafon of the 11 minutes wanting in the fix hours where¬
of the biffextile confifts.
The reformation of the kalendar, or the newjh/le
as we call it, commenced on the 4th of Odlober 1382,
when ten days were thrown out at once, fo many ha¬
ving been introduced into the computation fince the
time of the council of Nice in 325, by the defedl of 11
minutes.
Julian Chriflian Kabendar, is that wherein the days
of the week are determined by the letters A, B, C,
D, E, F, G, by means of the folar cycle ; and the new
and full moons, efpecially the pafchal full moon, with
the feaft of Eafter, and the other moveable feafts de¬
pending thereon, by means of golden numbers, rightly
difpoied through the Julian year. See Cycle, and
Golden Number,
In this kalendar, the vernal equinox is fuppofed to
be fixed to the 2ift day of March ; and the cycle of 10
years, or the golden numbers, conftantly to indicate
the places of the new and full moons ; yet both are er¬
roneous. And hence arofe a very great irregularity in
the time of Eafter. To fhow this error the more ap¬
parently, let us apply it to the year 1715. In this
year, then, the vernal equinox fails on the 10th of
March ; and therefore comes too early by 11 days. The
pafchal full moon falls on the 7th of April ; and there¬
fore too late, with regard to the cycle, by three days.
Eafter, therefore, which fhould have been on the 10th
of April, was that year on the I 7th. The error here
lies only in the metemptofis, or poftpofition of the
moon, through the defefft of the lunar cycle. If the
full moon had fallen on the 1 ith of March, Eafter rvould
have fallen on the 13th of March; and therefore the er¬
ror arifing from the anticipation of the equinox would
have exceedingly augmented that arifing from the
poftpofition. Thefe errors, in courfe of time, were fo
multiplied, that the kalendar no longer exhibited any
regular Eafter. Pope Gregory XIII. therefore, by the
advice of Aioyfius Lilius, in 1582, threw 10 days out
of the month of October, to reftore the equinox to its
place, viz. the 21ft of March ; and thus introduced the
form ol the Gregorian year, with fuch a provifion as
that the equinox ihould be conftantly kept to the 2) ft
of March. The new moons and full moons, by advice
of the fame Lilius, were not to be indicated by golden
3 G numbers.
Kalendar
K A L [ 4.1
{Calendar, numbers, but by epafls. The kalendar, however, was
retained. in Britain without this coneclion : whence
there was a difference of 11 days between our time and
that of cur neighbours. But by 24 Geo. II. c. 23. the
Gregorian computation is eftablhhed here, and accord-
ly took place in 1752.
Gregorian Kalendar, is that which, by means of
epacfs, rightly difpofed through the feveral months,
determines the new and full moons, and the time of
Eader, with the moveable leads depending thereon, in
the Gregorian year.
The Gregorian kalendar, therefore, differs from the
Julian, both in the form of the year, and in that epacls
are fubftituted in lieu of golden numbers: for the u!e
and difpohtion whereof, fee Epact.
Though the Gregorian kalendar be preferable to
the Julian, yet it is not without its defects (perhaps,
as Tycho Brahe and Caflini imagine, it is impoflible
ever to bring the thing to a perfedl juilnefs). For, firft,
The Gregorian intercalation does not hinder, but that
the equinox fometimes fucceeds the 2 iff of March as
far as the 23d j and fometimes anticipates it, falling on
the 19th } and the full moon, which falls on the 20th of
March, is fometimes the pafchal yet not fo account¬
ed by the Gregorians. On the other hand, the Gre-
gorians account the full moon of the 22d of March the
pafchal 3 which yet falling before the equinox, is not
pafchal. In the firfl cafe, therefore, Eafter is celebrat¬
ed in an irregular month *, in the latter, there are two
Eafters in the fame ecclefiallical year. In like manner,
the cyclical computation being founded on mean full
moons, which yet may precede or follow the true ones
by feme hours, the pafchal full moon may fall on Sa¬
turday, which is yet referred by the cycle to Sunday :
whence, in the firft cafe, Eafter is celebrated eight
days later than it ftiould be 5 in the other, it is cele¬
brated on the very day of the lull moon, with the Jews
and Ouartodeciman heretics \ contrary to the decree
of the council of Nice. Scaliger and Calviftus fhow
other faults in the Gregorian kalendar, arifing from
the negligence and inadvertency of the authors ; yet
is this*kalendar adhered to by the Romans throughout
Europe, &c. and ufed wherever the Roman breviary is
ufed.
Reformed, or CorreEled Kalendar, is that which,
fetting afide all apparatus of golden numbers, epa&s,
and dominical letters, determines the equinox, with the
pafchal full moon, and the moveable feafts depending
thereon, by aftronomical computation, according to the
Rudolphine Tables.
This kalendar was introduced among the Proteftant
ftates of Germany in the year 1700, when 11 days were
at once thrown out of the month of February •, fo that
in 1700 February had but 18 days: by this means,
the corre£!ed ftyle agrees with the Gregorian. This
alteration in the form of the year they admitted for a
time j in expe&ation that, the real quantity of the
tropical year being at length more accurately deter¬
mined by obfervation, the Romanifts would agree with
them on fome more convenient intercalation.
CottflruEiion of a Kalendar, or /llmanach. 1. Com¬
pute the fun’s and moon’s place for each day of the
year •, or take them from ephemerides. 2. Find the
dominical letter, and by means thereof diftribute the ka-
8 1 K A L
bandar into weeks. 3. Compute fhe time of Eafter, and tvalcndan
thence fix the other moveable feafts. 4. Add the im- v J
moveable feafts, with the names ol the martyrs. 5. io
every day add the fun’s and moon’s place, with the ri-
fing and fetting of each luminary •, the length of day
and night *, the crepufcula, and the afpeefs of the planets.
6. Add in the proper (daces the chief phafes of the moon,
and the fun’s entrance into the cardinal points ; i. e. the
folftices and equinoxes •, together with the riling and
the fetting, efpecially heliacal, of the planets and chief
fixed ftars. See Astronomy.
The duration of the crepufcula, or the end of the
evening and beginning of the morning twilight, to¬
gether with the lun’s riling and fetting, and the length
of days, may be transferred from the kalendars of one
year into tbofe of another 5 the differences in the fe¬
veral years being too fmall to be of any confideration in,
civil life.
Hence it appears, that the conftrutftion of a kalendar
has nothing in it of myftery or difficulty, if tables of
the heavenly motions be at hand.
Some divide kalendars or almanacks into public and
private, perfeft and imperfect j others into Heathen and
Chriftian.
Public almanacks are thofe of a larger fize, ufually
hung up for common or family ufe } private are thofe
of a fn:alter kind, to be carried about either in the hand,
inferibed on a ftaff, or in the pocket; perfeft, thofe
which have the dominical letters as well as primes and
feafts inferibed on them j imperfect, thofe which have
only the primes and immoveable feafts. 1 ill about the
fourth century, they all carry the marks of heathenifm ;
from that age to the feventh, they are generally divided
between heathenifm and Chriftianity.
Almanacks are of fomewhat different compofition,
fome containing more points, others fewer. 1 he effen-
tial part is the kalendar of months and days, with the
rifing and fetting of the fun, age of the moon, Sic.
To thefe are added various parerga, aftronomical, aftro-
logical, meteorological, chronological, and even politi¬
cal, rural, medical, &c. as calculations and accounts
of eclipfes, folar ingreffes, afpefts, and configurations of
the heavenly bodies, lunations, heliocentrical and geo-
centrical motions of the planets, prognoftics of the
weather, and predidlions ot other events, tables of the
planetary motions, the tides, terms, intereft, twilight,
equation, kings, &c.
Gelclean, or Jel/ahcan Kalendar, is a correftion
of the Perfian kalendar, made by order of Sultan Gela-
leddan, in the 467th year of the Hegira 5 of Chrift 1089.
Kalendar, is ufed for the catalogue or fafti an¬
ciently kept in each church or tne hunts both univer-
fal and thofe particularly honoured in each church ;
with their biftiops, martyrs, &c. Kalendars are not to
be confounded with martyrologies; for eacn church
had its peculiar kalendar, wherezs the martyrologies
regarded the whole church in general, containing the
martyrs and confeffors of all the churches. From all
the feveral kalendars were formed one martyrology : fo
that martyrologies are pofterior to kalendars.
Kalendar, is alfo applied to divers other compo-
fitions refpefting the 1 2 months of the year.
In this fenfe, Spencer has given the Ihepherd’s ka¬
lendar ; Evelyn and Miller the gardener’s kalendar, &c.
Kalendar,
K A L r 4!
Kalendar KalENDAR, is alfo extended to an orderly table or
II enumeration of perfons or things.
Kalends. jj0rj BaC0n wifhes for a kalendar of doubts. A late
^ Vvrriter has given a kalendar of the perfons who may in¬
herit eftates in fee-fimple.
Kalendar, Kalendartum, originally denoted, among
the Romans, a book containing an account of moneys
at intereft, which became due on the kalends of Janu¬
ary, the ufual time when the Roman ufurers let out
their money.
Kalendar Months, the folar months, as they ftand
in the kalendar, viz. January 31 days, &c.
AJlronomical Kalendar, an inllrument engraved upon
copper plates, printed on paper, and palled on board,
■with a brafs flider which carries a hair, and (hows by
infpeflion the fun’s meridian altitude, right afcenfron,
declination, riling, fetting, amplitude, &c. to a greater
exaftnefs than our common globes will Ihow.
Kalendar of Prifoners. See Calendar.
Kalendar Brothers, a fort of devout fraternities,
compofed of ecclefraflics as well as laymen ; whofe chief
bufmefs was to procure maffes to be laid, and alms drl-
tributed, for the fouls of fuch members as were de-
ceafed. ' They were alfo denominated halend-brothers,
becaufe they ufually met on the kalends of each month,
though in fome places only once a quarter.
KALENDARIUM FESTUM. The Chriftians re¬
tained much of the ceremony and wantonnefs of the
kalends of January, which for many ages was held a
feaft, and celebrated by the clergy with great indecen¬
cies, under the names fejlum kalendarum, or hjpodiaco-
norunt, or /lultorum, that is, “ the feaft of fools fome-
times alfo libertas decembrica. The people met malked
in the church •, and in a ludicrous way proceeded to
the eleflion of a mock pope, or bilhop, who exercifed
a jurifdiaion over them fuitable to the feftivity of the
occafion. Fathers, councils, and popes, long labouied
in vain to reftrain this licenfe, which prevailed at the
clofe of the 15th century.
KALENDERS. See Calenders.
KALENDS, or Calends, in the Roman chrono¬
logy, the fir ft day of every month.—The word is form¬
ed from Kothtw, I coll or proclcutn$ becaufe, betore tne
publication of the Roman fafti, it was one of the ofru-es
of the pontifices to watch the appearance of the new
moon, and give notice thereof to the rexfacrifcuius;
upon which a facrifice being offered, the pontiff fum-
moned the people together in the Capitol, and there
with a loud voice proclaimed the number of kalends,
or the day whereon the nones would bewhich he did
by repeating this formula as often as there were days
of kalends,” Colo Juno Novella. Whence the name
calender was given thereto, from calo, calare. This is
the account given by Varro. Others derive the appel¬
lation hence. That the people being convened on this
day, the pontifex called or proclaimed the feveral
feafts or holidays in the month •, a cuftom which con¬
tinued no longer than the year of Rome 450, when
C. Flavius, the curule aedile, ordered the fafti or ka-
lendar to be fet up in public places, that everybody
might know the differences of times, and the return of
the feftivals.
The kalends were reckoned backwards, or in a re¬
trograde order. Thus, v. g. the firft of May being
the kalends of May *, the laft or the 30th of April was
9 1 K A L
the pridie kalendarum, or fecond of the kalends of May ; Kderds
the 29th of April, the third of the kalends, or before ^
the kalends; and fo back to the 13th, where the ides ——,, 
commence; which are likewife numbered invertedly
to'the fifth, where the nones begin; which are num¬
bered after the fame manner to the firft day of the
month, which is the kalends of April. See Ides, and
Nones.
The rules of computation by kalends are included
in the following verfes:
Pritna dies tnenjis cujufque ejl diEla kalendfle :
Sex Maius nonas, OBober, Julius, et Mars ;
Atiatuor at reliqui: habet idus quilibet 0B0.
bide dies reliquos omnes die ejfe kalendas ;
dftas retro numerous dices a menfefequente.
To find the day of the kalends anfwering to any day
of the month we are in ; fee how many days there are
yet remaining of the month, and to that number add
two : for example, fuppofe it the 22d day of April ;
it is then the 1 oth of the kalends of May. For April
contains 30 days : and 22 taken from 30, there remain
8; to which two being added, the fum is 10. The reafon
of adding two is, becaufe the laft day of the month is call¬
ed fccundo kalemlas, the laft but onz'tertio kalendas, &c.
The Roman writers themfelves are at a lofs for the
reafon of this abfurd and whimfical manner of comput¬
ing the days of the month : yet it is ftill kept up in
the Roman chancery ; and by fome authors, out of a
vain affe&ation of learning, preferred to the common,
more natural, and eafy manner.
Kalends are alfo ufed in church hiftory to denote
conferences anciently held by the clergy of each dean-
ry, on the firft day of every month, concerning their
duty and condu£l, elpecially in wdiat related to the
impofition of penance.
Kalends of January, in Roman antiquity, was a
folemn feftival confecrated to Juno and Janus; where¬
in the Romans offered vows and facrifices to thofe
deities, and exchanged prefents among themfelves as a
token of friendftiip.
It was only a melancholy day to debtors, who were
then obliged to pay their interells, &c. Hence Ho¬
race calls it trifles kalendce ; Lib. I. Serm. Sat. 3.
KALI, the fpecific name of a plant which yields
the fubftance alfo called kali or alkali. See SalsolA.
KALISH, a province of Lower Poland, with the
title of a palatinate. It is bounded on the weft by
the palatinate of Bofnia, on the eaft by that of Syrad,
on the north by Regal Pruffia, and on the fouth by
Silefia. Kalifh is the capital town.
Kalish, a towm of Lower Poland, and capital of
a palatinate of the fame name, where the Jefuits had
a magnificent college. It is feated on the river Prof,
na, in a morafs, which renders it difficult of accels.
E. Long. 18. o. N. Lat. 52. 20.
KALMIA, a genus of plants, belonging to the de-
candria clafs, and in the natural method ranking under
the 1 8th order, Bicornes. See Botany Index.
KALMUCS, a tribe of Tartars, called alfo Eluths,
inhabiting the larger half of what the Europeans call
Wejlern Tartary. Their territory extends from the
Cafpian fea, and the river Yaik or Ural, in 72 degrees
of longitude from Ferro, to Mount Altay, in 110 de¬
grees, and from the 40th to the 52ft degree of north•
3 G 2 latitude j
K A L [ 420
whence it may be computed about 1930
XalmiKs. latitude
' ^ miles in length from weft to eaft, and in breadth
north to fouth about 650 miles where broadeft.
bounded on the north by Ruftia and Siberia,
which it is fepafated by a chain of mountains
from
It is
from
on the
can by i/Iount Altay j on the fouth by the countries
of Karazm and the two Bukharias, from which it is
alfo feparated, partly by a chain of mountains and
partly by home rivers. See Tart ary.
Of the Kalmuck [ artars the following curious ac¬
count is given by Profeffor Pallas.—They are in gene¬
ral, lays he, of a middle fize, and it is even rare to fee
among them a perfon that is tall ; the women efpecial-
ly are of low ftature, and have very agreeable features.
J neir limbs are neatly turned, and very few have any
defects contracted in infancy. Their education being
left folely to nature, procures for them a well formed
body and found conftitution. The only defeCt which
is common among them Is their having the thighs and
legs fomewhat bent. A fat perfon is hardly ever to be
met with 5 the richeft and moft diftinguilhed, though
they lead a life fufficiently indolent, and enjoy abun¬
dance of every thing they delire, are never exceflively
corpulent. Their fkin is pretty fair, efpecially when
young : but it is the cuftom of the lower fort to allow
their male children to go quite naked both in the heat
of the fun and in the fmoky atmofphere of their felt
huts : the men too deep naked, covered only with their
drawers; and from theie circumftances they acquire
that yellowiih brown colour which charaClerizes them.
The women, on the contrary, have a very delicate
complexion ; among thofe of a certain rank are found
fome with the moft beautiful faces, the whitenefs of
which is fet off by the fine black of their hair j and
in this as well as in their features they perfectly re¬
ferable the figures in Chinefe paintings.
The phyfiognomy which diftinguiihes the Kalmucs,
is pretty generally known. Strangers are made to be¬
lieve that it is frightfully deformed ; and though in¬
deed there are very ugly men to be found, yet in gene¬
ral their countenance has an opennefs in it that be-
fpeaks a mild, a frank, and focial diipofition. In
many it is of a roundifh lhape, and exceedingly agree¬
able ; among the women fome would be thought beau¬
ties even in thofe European cities where the tafte is
moft fcrupulous. The charaCleriftic features of a Kal-
muc or Mongul countenance are the following : The
interior angle of the eye is placed obliquely downwards
towards the nofe, and is acute and ftelhy; the eyebrows
are black, narrow, and much arched *, the nofe is of a
ftruflure efuite lingular, being generally flat and broken
towards the forehead; the cheek bone is high, the head
and face very round; the eye is dark, the lips thick and
flelhy, the chin Ihort, and the teeth exceedingly white,
continuing fo to old age ; the ears are of an enormous
fize, ftanding out from the head. Thefe charafters are
more or lefs vifible in each individual j but the perfon
that poffeffes them all in the higheft degree is confidered
as the mpft beautifully formed.
Among all the Mongul nations, the men have much
lefs beard than in our European countries, and among
the Tartars it appears much later. The Kalmucs have
n»oft of it j and yet even with them the beard is very
fcanty and thin, and few have much hair on any other
part of the body.
] K A L
People that lead a pallor?.! life enjoy the bodily fen- Kalmucs.
fes in the greateft perfection. The Kalmucs find the' r-—
fubtility of their lenie of fmell very ufeful in their mili¬
tary expeditions, for by it they perceive at a diftance the
fmoke of a fire or the fmell of a camp 5 there are'many
of them who can tell by applying the nofe to the hole
of a fox, or any other quadruped, if the animal be within
or not. they hear at a great diftance the trampling of
horfes, the noife of any enemy, of a flock of Iheep, or
even of ftrayed cattle ; they have only to ftretch them-
felves on the ground, and to apply their ear clofe to
the turf. But nothing is more a.ftonilhing than the
acutenefs of fight in moft of the Kalmucs, and the
extraordinary diftance at which they often perceive very
minute objecls, fuch as the dull railed by cattle or horfes,
and this from places very little elevated ; in immenfe
level deferts, though- the particular inequalities of the
furface and the vapours which in fine weather are feea
to undulate over the foil in great heats, confiderably in-
creafe the difficulty. Phey are alio accuftomed to trace
the print of a foot in thefe deferts by the fight alone.
_ Thefe people poffefs many good qualities, which
give them a great fuperiority over the wandering Tar¬
tars. ^ A certain natural fagacity, a focial difpofition,
hofpitality, eagernefs to oblige, fidelity to their chiefs,
much curiofity, and a certain vivacity accompanied
with good huaiour, which hardly ever forfakes even
the moft: wretched among them, form the fair fide of
their character. On the other hand, they are carclefs,
fuperficial, and want true courage ; belides, they are
remarkable for credulity, diftruft, and a natural incli¬
nation authorized by cuftom for drunkennefs and de¬
bauchery, but efpecially for a great degree of cun¬
ning, which they too often praftife. The difpofition
to indolence is common and natural, efpecially among
the men, to all Afiatic nations, who lead a kind of
life exempt from fubjeftion and devoid of adlivity j
but this is leis to be perceived among the Kalmucs,
on account of their natural vivacity, and does not pre¬
vent their endeavours to oblige. Thofe among them
who exercife any little trade, or who are reduced by
poverty to hire themfelves to the Ruflians either for
labour or for filhing, are very affiduous and indefati¬
gable. They fleep but little, going to reft late and
rifing with the fun. To ileep through the day, unlefs.
a perfon is drunk, is coniidered by them as diihonour-
able. But their extreme dirtinefs can neither be dif-
guifed nor juftified, and proceeds much more from
their education, from the llovenlinefs attached to the
profeffion of a herdfman, and from levity, than from
lazinefs: for the Kalmuc women are indefatigable in
whatever concerns domeftic matters : and it is for this
reafon, as well as on the fcore of fenfuality, that the
Kirguifians are eager to feize and carry them off when¬
ever an opportunity prefents itfelf.
With regard to the intelle&ual faculties of the Kal¬
mucs, notwithftanding their want of inftru&ion and
information, they pofiefs good natural parts, an ex¬
cellent memory, and a ftrong defire to learn. They
acquire the Ruffian language with great facility, and
pronounce it well; in which laff article they very much
furpafs the Chinefe. It would be very eafy to civilize
them, if their petulance and manner of life did not ren¬
der it imprafHcable.
Although the Kalmucs are generally of a fanguine.
and
K A L [ 421 ] K A L
Kalimics. atui choleric temperament, they live more amicably
 v together than one could expedt in a people that lead
fo independent a life. They feldom come to blows
even over their cups, and their quarrels are hardly ever
bloody. A murder very rarely happens, though their
anger has fomething in it exceedingly fierce. It would
feem that the morality of their religion, though ex¬
ceedingly idolatrous, has been able to moderate their
natural difpofition in this refpect ; for in confequence
of their dogmas, with regard to the tranfmigration of
fouls, every wanton murder either of men or beads is
thought a deadly fin.
The Kalmucs are exceedingly affable ; and of fo fo-
cial a difpofition, that it is rare for a traveller to per¬
ceive another, even at the difiance of feveral miles,
without going to falute him, and to inquire into the
objedf of his journey. When a troop of Kalmucs
perceive any perfon at a diftance, it is cuftomary for
them to detach One of their number to the next emi¬
nence, from whence he makes a fignal with his cap for
the perfon to draw near. If this fignal is not obeyed,
the perfon is confidered as an enemy or a robber, and is
often purfued as fuch. They enter willingly into friend-
fhips : but thefe connexions are not quite difintereft-
ed ; for to give and to receive prefents' are with them
effeniial articles. A mere triile, however, is fufficient
to induce them to do you all manner of fervice •, and
they are never ungrateful as far as they are able. Ad-
veriity cannot deprive them of courage nor alter their
good humour. A Kalmuc will never beg if he were
in the extremeft mifery, but rather endeavour to ac¬
quire a fubfiltence by cheating : and when no other
way remains, he will hire himl'elf to fome rich indi¬
vidual of his nation, or to fome Ruffian, either as a
herdfman, a fifherman, or for any other fort of la¬
bour. Very few of the rich value themfelves much
upon their wealth : but thofe who do, fhow no con¬
tempt for the poor of their own nation j though the
meaner fort pay their court very obfequioufly to the
rich, who are always furrounded with a fwarm of idle
dependants.
Nothing can be more prudent than that exercife of
hofpitality pradiiled by wandering nations : it is of the
greatefi advantage to thofe among them who travel a-
crofs their deferts ; and each individual who pradfifes
it, may rely on reaping the benefit of it wherever
he goes. A Kalmuc provided with a horfe, with
arms and equipage, may ramble from one place to ano¬
ther for three months together, without taking with
him either money or provifions. Wherever he comes
he finds either difiant relations or friends, to whom he
is attached by the ties of hofpitality, from whom he
meets with the kindeft reception, and is entertained in
the befi: manner their circumftances afford. Perhaps he
lodges in the firft unknown cottage he finds upon his
road ; and fcarce has he entered it, but his w'ants are
fupplied with the mofi affectionate cordiality. Every
flranger, of whatfoever nation, never fails to be well
received by a Kalmuc ; and he may depend upon hav¬
ing his effedfs in the greatefi fecurity the moment he
has put himfelf under the protedlion of his holl : for
to rob a guefl is confidered by the Kalmucs as the
moll abominable of all crimes.
When the mafler of the houfe fits down to meat in
company with others of inferior rank, he begins in¬
deed by ferving himfelf and his family, but whatever Kalmurs.
remains is diflributed among the affiflants. When   
they fmoke tobacco, the pipe circulates inceifimtly
from one to another. When any one receives a pre-
fent either of meat or drink, he divides it faithfully’
with his companions, even though of inferior rank.
But they are much more niggardly of their other ef-
fedls, and efpecially of their cattle, and do not will¬
ingly give thefe away except when they hope to re¬
ceive a fuitable return : or if any relation has accident¬
ally fuffered the lols of his flocks, he is fare to be moll
willingly aififled. Perhaps too it may be related as
an article of their hofpitality, that they abandon their
wives to their friends with the greatefi facility, and in
general they are very little inclined to jealouiy.
Their robberies are never committed upon their
equals, and even the greater part of the rapine exer-
cifed on other tribes is founded on hatred or national
quarrels ; neither do they willingly attempt this by
open force, but prefer the machinations of cunning,
which are fo natural to them. It mufl alfo be con-
fefled, that it is only thofe that live with princes, and
in camps where thefe hold their courts, or their priefts,
that are mofi addidled to thefe practices j while the
common people, fatisfied with the pleafures of the pa-
floral life, fpend their days in innocent fimplicity,
and never attack the property of another till forced
by neceffity, or led by their fuperiors who fhow them
the example.
The Kalmucs are very faithful to their lawful prince;
they endure every fort of oppreffion, and yet are with
difficulty induced to revolt ; but if they belong to a
prince who has not become fo by right of fucceffion,
they very eafily rebel. They honour old age. When
young men travel with fuch as are older than them¬
felves they take upon them the whole care of the-
cattle as well as of the feafl. They are exceedingly
prudent in matters that relate to their fovereign or
their nation, or which are recommended to their di-
redlion by the priefts, to whom they yield an unreferv- - '
ed obedience.
The moveable habitations of the Kalmucs are thofe
felt huts with a conical roof in ufe among all the
roaming Afiatics. The truly ingenious invention of
thefe tents was undoubtedly conceived in the eaftern
parts of Alia, and mod probably by the Mongul na¬
tions. As they can be entirely taken to pieces and
folded in a fmall compafs, they are very ufeful, and
perfectly agree with the migratory lifip of thefe people,
who are flill ignorant of the ufe of carriages. The
frame of thefe huts, and the felt they are covered with,
though made as light as poffible, yet are a fuffi¬
cient load for a camel or two oxen. But the capacity,
of thefe huts, their warmth in winter, their flrength in
refilling tempefls and excluding rain, abundantly com¬
pensate for this inconvenience. The wood endures
many years ; and though the felt begins to break into
holes in the fecond year, the common people, who do
not confider it as difgraceful to have them mended and
patched, make them ferve a good deal longer. The
huts are in general ufe from the prince down to the
meaneft Kalmuc, differing only in fize and in the em-
belliihments within. In winter, they are warm even
when heated with the dried excrements of their cattle,
to which they are often obliged to have recourfe, for
want
K A L [42
'flues, want of other combuftibles, in many places of the de~
jferj;s which are deftitute of wood. In fummQr they
remove the felt to enjoy the freih air.
The matter of the tent has his bed placed oppotite
to the door behind the tire place. The bedfleads are
low and made of wood. The rich adorn their beds
with curtains, and fpread carpets or felt upon the
ground. When a Kalmuc pofletfes an idol, he places
it near the head of his bed, and fets before it feveral
i’mall confecrated cups full of water, milk, or other
food. Before this fort of altar he fixes in the ground
the trunk of a tree, on which he places a large/ iron
bafon deftined to receive the libations of all the drink
he makes ufe of in a day. On fefiivals the idol is deco¬
rated, the lamps are lighted, and perfumes burnt be¬
fore it.
The riches of the Kalmucs, and their whole means
of fubfidence, depend on their flocks, which many of
them reckon by hundreds, and even by thoufands. A
man is thought capable of living on his poffeffions when
he is mafter of ten cows with a bull, eight mares with
-a ftallion. The animals they have in greateft abundance
are horfes, horned cattle, and fheep. Camels, which
require time and pains to rear, cannot multiply much
with them ; they are befides too delicate ; and it is
only the rich or the priefts who poffefs any of them.
Their horfes are but fmall, too weak for the draught,
and too wdld ; but they do not yield to any in fwift-
nefs, and fupport with cafe the weight of a man.
They may be made to gallop for feveral hours fuccef-
fively without injury j and when neceffity requires it,
they can pafs twice 24 hours without drinking. They
have a little hoof, but very hard •, and they may be
ufed at all times without being (hod. In this country
the horfes live and perpetuate themfelves without any
-affiftance from man. The Kalmucs caftrate the greater
part of their male foals, and at the fame time flit their
noflrils, that they may breathe more freely when they
run. The ftallions are never fenarated from the mares,
that there may be always plenty of milk. The ftallions
are leaders of the herd, and often wander at a diftance
Into the deferts at the head of their females, defending
them from the wolves with the greateft intrepidity.
The Kalmucs have the art of breaking a young horfe
without ufing a bridle. They feize him before he is
two years old by means of a noofe fixed to the end of
a long pole 5 an inftrument they ufe in taking their
riding horfes which feed in the midft of the herd.
They put no faddle at firft on the colt they mean to
break, but tie a ftrait girth round his body ; by the
help of which the horfeman can keep himfelf firm.
When he is mounted, the horfe is abandoned to his
fury : they allow him to run and agitate himfelf as
much as he pleafes on the open plain till he is fatigued.
The horfeman is felicitous only to keep himfelf fall •,
and when the horfe begins to abate of his impetuofity,
he urges him again with the whip till his ftrength is al-
moft gone : he is then faddled and bridled, and made
to go for feme time at a moderate pace 3 after which
he is entirely tamed.
The horned cattle of the Kalmucs are of a beautiful
fhape. They keep more bulls than are neceffary for
the cows, and employ a great number of them as beafts
cf burden for carrying their houfes and their other
> ] K A L
furniture from place to place. They think a bull Kalmucs.
equal to 50 cows. Thefe and the mares give milk only v
while they ruckle their calves or their foals, which are
accordingly kept clofe to the tents during the day, and
only fuflfered to fuck freely during the night 3 a prac¬
tice which the Kalmucs pretend makes their cattle
ftronger and more durable. They generally milk their
mares three or four times a-day, and fometimes every
two hours when the herbage is abundant. The cows
are milked but twice a-day.
The Kalmuc theep are of the fame fpecies with thofe
found in all Great Tartary, having large tails like a
bag, exceedingly fat, and which furnifti a fuet as foft
as butter. They have alfo large pendant pars, and their
head is much arched. Their wool is coarfe, and the ewes
feldom have horns. One ram is fufticient for a hun¬
dred ewes. Little ufe is made of the milk. The wool
is fit for nothing but to make felt for the tents. A
great many fheep die during winter, and a greater num¬
ber ftill of the early lambs : the fkins of which are
wrought into thofe fine furs fo much efteemed in Ruf-
fia and foreign parts.
Camels belong only to the rich 3 for they are very
dear, multiply very flowly, and are fubjeQ: to many
difeafes. The deferts of the Wolga, and almoft all
thofe of the fouthern parts of Great Tartary, furnifh
excellent pafture for thefe animals 3 but they require not
only much attention in winter, but they muft be con¬
tinually under the eye of the herdfmen 3 for notwith-
ftanding the advantage of their ftature, they are of
all animals leaft able to defend themfelves againft the
wolf. They are guarded with much care againft the
violence of the cold and the winds of winter 3 never-
thelefs many of them die of a confumption accompanied
with a diarrhoea, occafioned moft probably by the moif-
tui’e of their pafture and of the feafon. This difeafe,
for which no remedy has been found, makes them lan-
guifti for fix months or more. They are in general fo
delicate, that a flight wound or blow often proves fatal
to them. Befides, no animal is fo much tormented with
infe&s 3 and they often die in fummer of thofe they
fwallow in eating the leaves of the oak and of the birch.
The mcloe profearabceus, which covers all the plants in
many of thofe places where they feed, is generally fa¬
tal to them. In fpring, when they caft their hair, and
which falls at once from every part of their body, they
are expofed to the bite of the fpider-fcorpion, an ani¬
mal very common in fouthern countries. The wound
inflided by this infe£t on the fkin thus naked is fo
venomous, that the camel dies of it in lefs than eight
days, fometimes in three. In winter, and efpecial-
ly after rutting time, which happens at the end of
March, the camels become lean and weak 3 the bunch
upon their back grows flabby, and bangs down up¬
on the fide, nor does it recover its plumpnefs till fum¬
mer.
Camels milk is thick, undluous, and of a faltiih
tafte, efpecially when the animals frequent paftures
abounding with faline plants 3 and this laft property
makes the Kalmucs fond of it to tea. They make ufe
of the hair for fluffing cufhions, and for making ropes,
packthread, and felt. It may be wrought into the
moft beautiful camlets, or into the fineft and fofteft
cloths. The camels with two bunches are a very un-
I
K A L [ 423 J K A M
Kainmcs. eafy feat to the perfon who mounts them ; their trot is
——v—~ fo heavy, and even their walk fo rude, that he receives
the molt violent (hocks at every ftep.
When a Kalmuc horde intends to remove in fearch
of frefh pafture, which in fummer neceffarily happens
every four, fix, or eight days, people are in the firft
place despatched to reconnoitre the belt place for the
khan or prince, for the lama, and for the huts con¬
taining the idols. Thefe begin the march, and arefol
lowed by the whole troop, each choofmg for himfelf
the place he thinks mod convenient. The camel that
is loaded wuth the moft precious furniture is decorated
with little bells, the reft inarch in a fixing one behind
another, and the bulls with burdens are driven on be¬
fore. On thefe days the women and girls drefs them-
felves in their heft clothes, and lay on abundance of
paint. They have the charge, together with the boys,
of leading the flocks and the beads of burden ; and on
the road they beguile the tedioufnefs of the journey
with their fongs.
The Kalmucs are fupplied by their flocks with milk,
cheefe, butter, and lleih, which are the principal ar¬
ticles of their food. With regard to the lart, they are
fo little fqucamifli, that they not only eat the fleih of
their own difeafed cattle, but that of almoft every fort
of wild bead, and the poor will even feed upon carrion.
They eat, however, the roots and fialks of many plants;
fuch as the bulbous-tooted chervil and dandelion, &c.
which they ufe both boiled and raw.
Their ordinary drink is the milk of mares or cows ;
but the former is for feveral reafons preferred. This,
when frefh, has indeed a very difagreeable tafie of gar¬
lic : but befides that it is much thinner than cow milk,
it takes as it grows four a very agreeable vinous flavour ;
it yields neither cream nor curd, but furnifhes a very
wholefome refrefhing beverage, wTich fenfibly ine¬
briates when taken to excefs. They never make ufe
of new milk, and fiill lefs of milk or of water that
have not been boiled. Their milk is boiled as foon as
it is taken from the animal ; when it is cold it is pour¬
ed into a large leathern bag, in wfttich there remains
as much of the old milk as is fufficient to turn the new
quantity four, for they never think of cleanfing thofe
bags; and as the infide is lined writh a cruft depofited
by the cafeous part of the milk and other impurities,
it is' eafy to imagine that a naufeous fmell muft exhale
from them. But this is precifely the circumftance in
which the fecret conftfts of communicating to the milk
a vinous fermentation.
In fummer, and as often as the Kalmucks procure
much milk from their flocks, they never fail to intoxi-
*■ cate themfelves continually with the fpirituous liquor
which they know how to difiil from it. Mares milk is
the moll fpirituous ; and the quantity meant to be di-
ftilled remains twenty-four hours in fummer, aud three
or four daj^s in winter, in thofe corrupted bags we
mentioned, to prepare it for the operation. The cream
is left, but the butter which forms at top is taken
off and referved for other purpofes. Cowrs milk yields
one-thirtieth part, and mares milk one-fifteenth part,
of fpirit. This liquor is limpid and very watery, and
confequently does not take fire, but is capable of being
long kept in glafs bottles. The rich Kalmucs increafe
its ftrength by a fecond diftillation.
Thefe people are exceedingly fond of tea arid tobac- K-Uinues-
co. The former is fo dear, as it comes to them from
China by the way of Ruffia, that the peer people  , .
fupply its place with various wild plants ; fuch as a
fpccies of liquorice, the feed of the fharp-leaved dock,
the roots of wild angelica, and the feed of the Tarta¬
rian maple.
The Kaimucs are excellent horfemen. Their arms
are lances, bows, anfl arrow's, poniards, and crooked
fabres, though the rich have fire arms. They wear,
when at wrar, coats of mail, which coil fifty horfes, and
their helmets are gilded at top. They are fond of fal¬
conry, and hunting of all forts is their principal amufe-
ment. Their paflion for play, efpecially with thofe who
play cards, is carried to as great excefs among them as
in any other nation.
The greater part of their time is fpent in diverfions ;
and however miferable their manner of life may feem to
us, they are perfectly happy with it. They cannot en¬
dure for any time the air of a clofe room ; and think
our cuftom of living in houfes infupportable. The
greateft part of them, notwithflanding of the apparent
unhealthinefs of their w-ay of life, arrive at a vigorous
old age ; their difeafes are neither frequent nor danger¬
ous. Men of 80 or 100 years old are not uncommon ;
and at that age they can Hill very well endure the exer-
cife of riding. Simple food, the free* air which they
conflantly breathe, a hardy vigorous conflitution, con¬
tinual exercife without fevere labour, and a mind free
from care, are the natural caufes of their health and/
longevity.
It is very remaikable, that a migratory people, whofe
manner of life feems fo congruous to the natural liberty
of mankind, fhould have been fubjefted from time im¬
memorial to the unlimited authority of an abfolute fove-
reign. The Monguls of Afia afford the only inftance
of it ; for neither written records nor ancient tradition
have preferved the fmalleft trace of their ever having
enjoyed a ftate of independence. On the contrary,
they acknowfledge that they have at all times been fub-
jeift to khans and princes, whofe authority has been
tranfmitted to them by fucceffion, and is conffdered as a
right perfedlly eftablifhed, facred, and divine.
KAMAKURA, a famous ifland of Japan, about
three miles in circumference, lying on the fouth coaft
of Niphon. It is here they confine their great men
when they have committed any fault. The coaft of
this ifland is fo fteep, that they are forced to be lifted
up by cranes.
KAME'EL, Kamel, or Camel, a machine for lift¬
ing fhips, See Camel.
KAMINIECK, a very ftrong town of Poland, and
capital of Podolia, with two caftles and a bifhop’s
fee. It was taken by the Turks in 1672, who gave
it back in 1690, after the treaty of Carlowitz. It is
feated on a craggy rock, in E. Long. 27. 30, N. Lat.
48. 58.
KAMSIN, the name of a hot foutherly wind com¬
mon in Egypt, of which we find the followung deferip-
tion in Mr Volney’s Travels.—Thefe winds, fays he,
are known in Egypt by the general name pf winds of
50 days ; not that they laft 50 days without intermif-
fion, but becaufe they prevail more frequently in the
50 days preceding and following the equinox. Tra¬
vellers
K A M [ 424 ] K A M
Kamiir!, veliers have mentioned tliem under the denomination
K-arntfchat-Df p0iJonovs winds, or, more correflly, hot winds of the
defert. Such in fa£V is their quality •, and their heat
is rometimes fo exceffive, that it is difficult to form
any idea of its violence without having experienced it;
but it may be compared to the heat of a large oven at
the moment of drawing out the bread. When thefe
winds begin to blow, the atmofphere affumes an alarm¬
ing afpeft. The fky, at other times fo clear in this
climate, becomes dark and heavy j the fun lofes his
fplendour and appears of a violet colour j the air is
not cloudy, but gray and thick, and is in fa61 filled
with an extremely fubtile dull, which penetrates every¬
where. This wind, always light and rapid, is not at
fir ft remarkably hot, but it increafes in heat in propor¬
tion as it continues. All animated bodies foon dif-
- cover it by the change it produces in them. The
lungs, which a too rarefied air no longer expands, are
contradded, and become painful. Relpiration is fhort
and difficult \ the fkin parched and dry, and the body
confirmed by an internal heat. In vain is recourfe had
to large draughts of water ; nothing can reftore perlpi-
ration. In vain is coolnefs fought for } all bodies in
wffiich it is ufual to find it deceive the hand that touches
them. Marble, iron, water, notwithftanding the fun
no longer appears, are hot. The ftreets are deferted,
.and the dead iilence of night reigns everywhere. The
inhabitants of towms and villages fhut themfelves up
in their houfes, and thofe of the defert in their tents
or in wells dug in the earth, where they wait the
termination of this deilruffive heat. It ufually lafts
-three days, but if it exceeds that time it becomes
infupportable. WTo to the traveller whom this wind
furprifes remote from fhelter : he muft fuffer all its
horrible effeifts, which fometimes are mortal. The
danger is moft imminent when it blow's in fqualls 5 for
then the rapidity of the wind increafes the heat to luch
a degree as to caufe hidden death. I his death is a
real fuffocation ■, the lungs being empty are convulfed,
the circulation is difordered, and the whole mafs of
blood driven, by the heart towards the head and breaft ■,
■whence the haemorrhagy at the nofe and mouth which
happens after death. This wind is efpecially deftruc-
~tive to perfons of a plethoric habit, and tnole in whom
fatigue has deftroyed the tone of the mufcles and the
veffels. The corpfe remains a long time warm, fwelis,
turns blue, and foon becomes putrid. .1 hefe accidents
are to be avoided by flopping the nofe and mouth
with handkerchiefs ; an efficacious method likewife is
that pra£lifed by the camels. On this occafion theie
animals bury their nofes in the fand, and keep them
there till the fquall is over. Another quality of this
wind is its extreme aridity, which is firch, that water
fprinkled on the floor evaporates in a few minutes.
By this extreme drynefs it withers and ftrips alt the
plants; and by exhaling too fuddenly the emanations
from animal bodies, crifps the {kin, clofes the pores,
and caufes that feverifti heat which is the conftant ef¬
fect of fupprelfed perfpiration.
KAMTSCHATKA, Kamschatka, or Kamchat¬
ka ; a large peninfula in the north-eaftern partT of A-
fia, lying between 510 and 62° of north latitude, and
between 1730 and 182° of eaft longitude from the ifle
of Ferro. It is bounft.'d on the eaft and fouth by the
fea of Kamtfchatka, on the weft by the feas of Ochotfk
3
and Penihinlk, and on the north by the country of theKamtfchat-
Koriacs. ^a‘ ,
This peninfula was not difeovered by the Ruffians t
before the end of the laft century. It is probable, when fuft
however, that fome of that nation had vilited Kamtt- vifited by
chatka before the time above mentioned. For when 1<-Uk
Volodomir Atlaffoff entered upon the conqueft of111
this peninfula in 1697, he found that the inhabitants
had already fome knowledge of the Ruffians. A com¬
mon tradition as yet prevails among them, that long
before the expedition of Atlalloff, one Feodotoff and
his companions had refided among them, and had in¬
termarried with the natives ; and they ftill (how the
place where the Ruffian habitations flood. None of
the Ruffians remained when Atlaflbff firft vifited
Kamtfchatka. They are laid to have been held in
great veneration, and almoft deified by the natives :
who at firft imagined that no human power could hurt
them, until they quarrelled among themfelves, and
the blood was feen to tlow from the wTounds which
they gave each other : and foon after, upon a fepara-
tion taking place, they were all killed by the natives.
—Thefe Ruffians were thought to be the remains of
a fliip’s crew who had failed quite round the north-
eaftern promontory of Alia called Tfchukutfkoi Nofs.
The account wt have of this voyage is as follows.-—
In 1648, feven kotches or veffels failed from the mouth
of the river Kovyma or Kolyma, lying in the Frozen
ocean in about 720 north latitude, and 173° or X74C
eaft longitude from Ferro, in order to penetrate into
the eaftern ocean. Four of thefe were never more heard
of; the remaining three were commanded by Simon
Deffineff, Gerafim Ankudinoff, two chiefs of the Cof-
facs, and Feodotoff Alexeef, head of the Promyihle-
nics, or w’andering Ruffians, who occafionally vifited
Siberia. Each veffel was probably manned with
about 30 perfons. They met with no obftrudtions
from the ice j but Ankudinoff’s veffel was wrecked
on the promontory above mentioned, and the crew
were diftributed on board the two remaining veffels.
Thefe two foon after loft fight of each other, and
never afterwards rejoined. Deffineff was driven about
by tempelluous winds till Odlober, when he was ftiip-
wrecked on the northern part of Kamtichatka. Here
he was informed by a woman of Yakutlk, that Feo-
dotoff and Gerafim had died of the feurvy •, that part
of the crew had been {lain, and that a few had
efcaped in fmall veffels, who had never afterwards
been heard of •, and thefe were probably the people
who, as we have already mentioned, fettled among the
Kamtfchatkans. _ _ a
As the inhabitants of this country were neither nu- Sub4ued by
merous nor warlike, it required no great force to fub-
due them ; and in 1711 the whole peninfula was final¬
ly reduced under the dominion of the Ruffians.—For
fome years this acquifition was of very little confe-
quence to the crown, excepting the fmail tribute of
furs exacted from the inhabitants. Fbe F^utiians in¬
deed occafionally hunted, in this peninfula, foxes,
wolves, ermines, fables, and other animals, whole
{kins form an extenfive article of commerce among the
eaftern nations. But the fur trade carried on from
thence was very inconfiderable, until the fenes o>
i{lands mentioned in the next article were difeovered ;
fince which time the quantities of furs brought from
th«&
K A M [ 425 ] K A M
Kamfchat- tliefe iflands have greatly increafcd the trade of Kamtf-
ka. chatka, and rendered it an important part of the Ruf-
3
Country
defcribed.
Volcanoes.
S .
Population,
&c.
6
Manners,
&c. oi the
natives.
A
fian commerce.
The face of the country throughout the pemnftila
is chiefly mountainous. It produces in fonie parts
birch, poplars, elders, willows, underwood, and ber-
xies of diiTeient forts. Greens and other vegetables
are raifed with great facility: fuch as white cabbage,
turnips, radifhes, beet root, carrots, and 1'omc cucum¬
bers. Agriculture is in a very low ftate, owing
chiefly to the nature of the foil and the fevere hoar-
frolls : for though feme trials have been made with
refpedl to the cultivation of grain, and oats, barley,
and rye, have been fown, yet no crop has ever been
procured fuflicient in quantity or quality to anfwer the
trouble of raifing it. Hemp, however, has of late
years been cultivated with great fuccefs.— Every year
a veffel belonging to the crown fails from Ochotfk to
Kamtfchatka laden with fait, provifions, corn, and
Ruffian manufactures •, and returns in June or July of
the following year with fkins and furs.
Many traces of volcanoes have been obferved in this
peninfula and there are feme mountains which are
in a burning ftate at prefent. The moft confiderable
of thefe is fituated near the middle of the peninfula.
In 1762, a great noife was heard iffuing from the in-
fide of that mountain, and flames of fire were feen to
burft from different parts. Thefe flames were imme¬
diately fucceeded by a large itream of melted fnow
water, which flowed into the neighbouring valley, and
drowned two natives who were there on a hunting
party. The affies and burning matters thrown from
the mountain were fpread over a furface of 300 verfts.
In 1767 wa* another difeharge, but lefs confiderable.
Every night flames of fire were obferved ftreaming
from the mountain ; and confiderable damage was done
by the eruption which attended them. Since that year
no flames have been feen j but the mountain emits a
con Rant fmoke.
Kamtfchatka is divided by the Ruffians into four di-
ftri&s; and the government of the whole is dependent
upon, and fubjeCt to, the infpeClion of the chancery of
Ochotfic. The whole Ruffian force ftationed in this
peninfula amounts to no more than 300 men. The
prefent population of Kamtfchatka is very fmall, a-
mounting to fcarce 4000 fouls. Formerly the inhabit¬
ants were more numerous’, but in 1768, the fmall-
pox carried off 5368 perfons. There are now only
about 700 males in the whole peninfula who are tribu¬
tary, and a few more than 100 in the neighbouring
illands, called the Kurile IJles, who are fubjeCf to Ruffia.
The fixed annual tribute confifts in 279 fables, 464 red
foxes, 50 fea otters with a dam, and 38 cub otters.
All furs exported from Kamtfchatka pay a duty of 10
per cent, to the crown ; the tenth part of the cargoes
bought from the neighbouring iflands is alfo delivered
into the cuftoms.
Many of the natives of Kamtfchatka have no fixed
habitations, but wander from place to place with their
herds of rein deer } others have fettled habitations, and
refide upon the banks of the rivers and the Ihore of the
Penfchinlk fea, living,upon fifli and fea animals, and
ffich herbs as grow upon the (hore : the former dwell
in huts covered with deer fkins; the latter in places'
dug out of the earth. The natives are divided into
VOL. XI. Part II.
three different peoples, namely, the Kamtfchatkans,Kaintfc!;;.:
Koreki, and Kuriles. The Kamtfchatkans live upon ^a.
the fouth fide of the promontory of Kamtfchatka : the v
Koreki inhabit the northern parts on the coaft of the
Pcnfchinfka fea, and round the eaftern ocean almoft to
the river Anadir, whofe mouth lies in that ocean almolt
in 68° N. Lat. : the Kuriles inhabit the iflands in that
fea, reaching as far as thefe of Japan. The Kamtfchat¬
kans have this particular cullom, that they endeavour
to give every thing a name in their language which
may exprefs the property of it *, but if they do not un-
derftand the thing quite well themfelves, then they take
a name from feme foreign language, which perhaps has,
no relation to the thing itfelf; as, for example, they
call a prieft bog bog, becaufe probably they -hear him ufe
the word bogbog, “God j” bread they call brightatin
ougsh, that is Ruffian root •, and thus of feveral other
words to which their language is a ftranger.
It appears probable, that the Kamtfchatkans lived
formerly in Mungalia beyond the river Amur, and
made one people with the Mungals ; which is farther
confirmed by the following obfervations, fuch as the
Kamtfchatkan having feveral words common to the
Mungal Chinefe language, as their terminations in
ong, ing, oang, chin, cha, ching, kfii, kfung j it would
be ilill a greater proof, if we could fliow feveral words
and fentences the fame in both languages. The Kamtf¬
chatkans and Mungals alfo are both of a middling fea¬
ture, are fwarthy, have black hair, a broad face, a
fharp nofe, with the eyes falling in, eyebrows fmall
and thin, a hanging belly, {lender legs and arms; they
are both remarkable for cowardice, boafting, and fla-
vifhnefs to people who ufe them hard, and for their ob-
ftinacy and contempt of thofe who treat them with
gentlenefs.
Although in outw’ard appearance they referable the
other inhabitants of Siberia, yet the Kamtfchatkans dif¬
fer in this, that their faces are not fo long as the other
Siberians; their cheeks fiand more out, their teeth are
thick, their mouth large, their ftature middling, and
their fhoulders broad, particularly thofe people who in¬
habit the fea coaft.
Both men and women plait their hair in two locks,
binding the ends with fmall ropes. When any hair
ffarts out, they few it with threads to make it lie clofe $
by this means they have fuch a quantity of lice, that
they can ferape them off by handfuls, and they are na-
ily enough even to eat them. Thofe that have not na¬
tural hair fufficient, wear falfe locks, fometimes as much
as weigh 10 pounds, which makes their head look like
a haycock. But many of the women already wear
their hair, and are nearly dreffed in the lame manner
as the Ruffians, whofe language is the mok prevalent.
It may be laid in praife of the Ruffians, tfiat though
they have ehablifhed a delpotic government in this
rude climate, it is tempered by a tnildnefs and equity
which prevent its inconveniences from being felt. The
taxes levied on the Kamtfchadales are lo trifling, that
they may be regarded only as a mark of gratitude to
the fovereign. La Peroufc confidercd the people of this
peninfula as the fame with thofe of the bay of Cakries,
their mildnefs and probity being fimilar, and their per¬
fons very little different. 7
Their trade is almok entirely confined to procure Trade,
the immediate neceffaries and conveniences of fife.
3 H They
K A M
[ 42^ ]
K A M
S
Cannot
number
above
twenty.
Kamtfchat- They fell tlie Koreki fables, fox and white dog Ikins,
ka- dried maihrooms, and the like, in exchange for clothes
' *'v ' made of deer {kins and other hides. Their domeftic
trade confifls in dogs, boats, dilhes, troughs, nets,
hemp yarn, and provifions : and this kind of barter is
carried on under a great (how of friend (hip ; for when
one wants any thing that another has, he goes freely to
vifit him, and without any ceremony, makes known his
wants, although perhaps he never had any acquaintance
with him before : the hoft is obliged to behave accord¬
ing to the cuflom of the country, and give his guelt
what he has occafion for •, but he may afterwards return
the vifit, and muft be received in the fame manner.
They fill almoft every place in heaven and earth with
different fpirits, and offer them facrifices upon every oc¬
cafion. Some carry little idols about them, or have
them placed in their dwellings.
It is very diverting to fee them attempt to reckon
above ten : for having reckoned the fingers of both
hands, they clafp them together, which fignifies ten j
then they begin with their toes, and count to twenty ;
after which they are quite confounded, and cry, Met-
cha ? that is, Where (hall I take more ? They reckon
ten months in the year, fome of which are longer and
fome fhorter •, for they do not divide them by the
changes of the moon, but by the order of particular
occurrences that happen in thofe regions. They com¬
monly divide our year into two, fo that winter is one
year and fummer another: the fummer year begins
in May, and the winter in November. They do not
diftinguifh the days by any particular appellation, nor
form them into weeks or months, nor yet know how
many days are in the month or year. They mark
their epochs by fome remarkable thing or other ; fuch
as the arrival of the Ruffians, or the firft expedition to
9 Kamtfchatka.
Their law-'. If any one kills another, he is to be killed by the
relations of the perfon {lain. They burn the hands of
people who have been frequently caught in theft; but
for the firft offence the thief muft reftore what he
hath ftolen, and live alone in folitude, without expeft-
ing the affiftance of others. They have no dilputes
about their land or their huts, every one having land
and water more than fufficient for his wants. They
think themfelves the happieft people in the world, and
look upon the Ruffians who are fettled among them
with contempt. However, this notion begins to change;
for the old people who are confirmed in their cuftoms
drop off, and the young ones being converted to the
Chtiftian religion, adopt the cuftoms of the Ruffians,
and defpife the barbarity and fuperftition of their an-
.ceftors. The Greek religion has been eftablhhed among
them without perfecution or violence. The vicar of
Paratounka is the fon of a native by a Ruffian woman.
The people have inured themfelves to the extremes of
heat and cold, by going into vapour baths, coming out
covered with perfpiration, and then rolling themfelves
in the fnow.
In every oftrog or large village, by order of her im¬
perial majefty, is appointed a chief, who is foie judge
in all cafes except thofe of life and death ; and not only
thofe chiefs, but even the common people, have their
chapels for worlhip. Schools are alfo erefted in al¬
moft every village, to which the Kamtfchatkans fend
their children with great pleafure *? by this means it is
to be hoped that barbarity will be in a ftiort time rooted Karmfchat-
out from amongft them.  kn‘ ,
Under the name of qflrog is underftood every ha- ^
bitation confifting of one or more huts, all furrouhded Manner of
by an earthen wall or pallifado.—The huts are built building
in the following manner : they dig a hole in the earth llUt6*
about five feet deep, the breadth and length propor¬
tioned to the number of people deiigned to live in it.
In the middle of this hole they plant four thick wrood-
en pillars ; over thefe they lay balks, upon which
they form the roof or ceiling, leaving in the middle a
fquare opening which ferves them for a window and
chimney; this they cover with grafs and earth, fo
that the outward appearance is like a round hillock j
but within they are an oblong fquare, with the fire
in one of the long fides of the fquare : between
the pillars round the walls of their huts they make
benches, upon which each family lies feparately 5 but
on that fide oppofite to the fire there are no benches,
it being defigned for their kitchen furniture, in which
they drefs their victuals for themfelves and dogs. In
thofe huts where there are no benches, there are balks
laid upon the floor, and covered with mats. They
adorn the walls of their huts with mats made of grafs.
They enter their huts by ladders, commonly placed
near the fire hearth j fo that, when they are heating
their huts, the fteps of the ladder become fo hot, and
the fmoke fo thick, that it is almoft impoffible for
a ftranger to go up or down without being burnt,
and even ftifled to death ; but the natives find no dif¬
ficulty in it j and though they can only fix their toes
on the fteps of the ladder, they mount like fquirrels ;
nor do the women hefitate to go through this fmoke
with their children upon their ihoulders, though there
is another opening through which the women are al¬
lowed to pafs •, but if any man pretend to do the
fame, he would be laughed at. The Kamtfchatkans
live in thefe huts all the winter, after wdiich they go
into others called balagans ; thefe ferve them not only
to live in during the fummer, but alfo for magazines.
They are made in the following manner : Nine pillars,
about two fathoms long, or more, are fixed in the
ground, and bound together with balks laid over them,
which they cover with rods, and over all lay grafs,
faftening fpars, and a round fharp roof at top, which
they cover with bramble, and thatch with grafs. They
fallen the lower ends of the fpars to the balks with
ropes and thongs, and have a door on each fide, one
diredlly oppofite to the other. They make ufe of the
fame kind of huts to keep their fiib, &c. till winter
comes on, when they can more eaiily remove it ; and
this without any guard, only taking awray the ladders.
If thefe buildings were not fo high, the wild beafts,
would undoubtedly plunder them ; for notwithftand-
ing all their precaution, the bears fometimes climb up
and force their w^ay into their magazines, efpecially in
the harveft, when the fiih and berries begin to grow
fcarce.
The fouthern Kamtfchatkans commonly build their
villages in thick wmods and other places which are na¬
turally ftrong, not lefs than 20 verfts from the fea j
and their fummer habitations are near the mouths of
the rivers but thofe who live upon the Penfchinfka
fea and the eaftern ocean build their villages very
near the fhore. They look upon that river near which
their
K A M
[ 42
Kan.tf^hat-
ka.
Method of
kindling j
fire.
12
Conftrac-
tion of
their boats
13
Of their
clothes.
then tillage is fituated as the inheritar.ee of their
tribe. *
In order to kindle fire, they ufe a board of dry
wood with round holes in the Tides of it^ and a fmall
round Hick j this they rub in a hole till it takes fire 5
and intlead of tinder they ufe dry grafs beat foft.
Thefe inUruments are held in fuch efleem by the Kamtl-
chatkans, that they are never without them, and they
value them more than our Heels and flints ■, but they
are exceflively fond of iron inllruments, luch as hatch¬
ets, knives, or needles 5 nay, at the fir it arrival of the
Ruffians, a piece of broken iron was rooked upon as a
great prefent 5 and even now they receive it vsith
thankfulnefs, finding ufe for the leaft fragment, eitner
to point their arrows or make darts, which they do
by hammering it out cold between two Hones. As fome
of them delight in war, the Ruiban merchants are for¬
bid to fell them any warlike inHruments : but they are
ingenious enough to make fpears and arrows out of the
iron pots and kettles which they buy j and they are fo
dexterous, when the eye of a needle breaks, as to make
a new eye, which they will repeat until nothing re¬
mains but the point.
The Kamtfchatkans make their boats of poplar
wood ; but the Kuriles not having any wood of their
■ own, make ufe of what is thrown on ihore by the fea,
and is fuppofed to come from the coafls of Japan,
China, or America. The northern inhabitants of
Kamtfchatka, the fettled Koreki and Tfchukotlkoi,
for want of proper timber and plank, make tneir boats
of the fliins of fea animals. They few the pieces to¬
gether with whales beards, and caulk them with mofs
or nettles beat fmall. I hefe boats hold two perlons j
one of which fits in tne protv, and the other in the
Hern. They pulh them againfl the Hream with poles,
which is attended with great trouble : when the cur¬
rent is Hrong, they can fcarcely advance two jeet in
ten minutes *, notwithHanding which, they will carry
thefe boats, fully loaded, fometimes twenty verHs, and
when the flream is not very Hrong, even thirty or lorty
verfls. The larger boats carry thirty or forty pood 5
when the goods are not very heavy, they lay upon them
a float or bridge refling upon two boats joined toge¬
ther. They ufe this method in tranfporting their
provifions down the Hream, and alfo to and from the
iflands.
Their clothes for the moil; part are made of the
fliins of deer, dogs, feveral fea and land animals, and
even of the fkins of birds, thole of different animals
being frequently joined in the fame garment. They
make the upper garment after two fafliions j fome-
tirnes cutting the ikirts all of an equal length, and
fometimes leaving them long behind in form of a train,
with wide fleeves of a length to come down below the
knee, and a hood or caul behind, which in bad wea¬
ther they put over their heads below their caps; the
opening above is only large enough to let their heads
pafs : they few the fkins of dogs feet round this open¬
ing, with which they cover their faces in cold Hormy
weather •, and round their fkirts and fleeves they put a
border of white dog {kin j upon their backs they few
the fmall Ihreds of fkins of different colours. They
commonlv wear two coats; the under coat with the
hair fide inwards, the other fide being dyed with alder;
and the upper with the hair outwards. For the upper
7 ] K A M
garment they choofe black, white, or fpeckled fkins, K
the hair of which is moff effeemed for the beauty of its
colour.
Men and women without diffindtion ufe the above-
mentioned garments, their drels only differing in their
under clothing and in the covering of their feet and
legs. The women have an under garment, which they
commonly wear at home in the houle, confiding of
breeches and a waiHcoat fewed together. The breeches
are wide like thofe of the Dutch fkippers, and tie be¬
low the knee ; the waifleoat is wide above, and drawn
round with a firing. The lummer habits are made of
dreffed ikins without hair: their winter garment is
made of deer or Hone ram {kins with the hair on. I he
undrefs or houfehold habit of the men is a girdle of
leather with a bag before, and likewife a leathern apron
to cover them behind ; thefe girdles are fewed with hair
of different colours. I he Kamtfchatkans ufed formerly
to go a hunting and fifhing during the fummer in this
drels ; but now this faHiion is changed, and they wear
linen Ihirts, which they buy from the Ruffians.
The covering of their feet and legs is made of fkins
of different forts : in the fummer time, during the rains,
they wear the fkins of feals with the hair outwards: but
their moll common covering is the Ikin of the legs of
the rein deer, and fometimes of the legs of other beafts,
the ffiaggieff they can find, to preferve them againft the
cold. But the bufkins which both the Coffacks and
Kamtfchatkans ufe in their fineft drefs are made in the
following manner: the foie is of white feal fkm, tne
upper part of fine white leather, the hind quarters of
white dog fkin; what comes round the legs is of dreffed
leather or dyed feal fkin ; the upper parts are embroi¬
dered. Thefe bufkins are fo extraordinary, that if 11
bachelor is obferved to wear them, he is immediately
concluded to be upon a fcheme of court {hip.
They wear the fame fort of caps as the people of
Yakutiki. In fummer they have a fort of hats of birch
bark tied about their head. The Kuriles ufe in the
fummer time caps made of plaited grafs. ihe women’s
head drefs is the perukes that we formerly mentioned ;
and thefe were fo dear to them, that when they came
to be Chriffians they were with difficulty prevailed
upon to quit this drefs for one more decent : however,
at prefent, round the Ruffian fettlements, all is entirely-
changed, the women wearing ffiirts, ruffles, wailt-
coats, daps, and ribbands ; which change nobody now
complains of except the very old people. The women
do all their work in mittens ; they formerly never wafh-
ed their faces, but now they ufe both white and red
paint: for white paint they make ufe of a rotten wood ;
and for red a fea plant, which they boil in feals fat,
and rubbing their cheeks with it, make them very red.
They drefs moff in the winter time, efpecially when
they either receive or pay vifits.
The common clothes for a Kamtfchatkan and his fa¬
mily will not cofl him lefs than 100 rubles; for the
coarfeft worffed flockings, which cofl in Ruffia 20
kopeeks, cannot be bought here for lefs than a ruble ;
and all other things are fold in the fame proportion.
The Kuriles are more able to buy good clothes than
the Kamtfchatkans : for they can purchafe for one fea
beaver as much as the Kamtfchatkans can for twenty
foxes ; and one beaver coffs the Kuriles no more trou¬
ble than five foxes do the Kamtfchatkans; for he muff
3 H 2 he
K A M
t 4
ka.
T4
Their diet.
Kaaufdiat-be a good limiter who catches more than ten foxes in
the winter ; and a Kurile thinks himfelf unlucky if he
doth not catch three beavers in the feafon ; befides
which, great numbers are thrown upon the fhore by
florins.
The Kamtfchatkans divide their fifli into fix parts;
the Tides and tails are hung up to dry ; the back and
thinner part of the belly are prepared apart, and ge¬
nerally dried over the fire ; the head is laid to four in
pits, and then they eat it like fait filh, and efteem it
much, though the flink is fuch that a ftranger cannot
bear it the ribs and the fiefh which remain upon them
they hang up and dry, and afterwards pound for ufe *,
the larger bones they likewife dry for food for their
dogs: in this manner all thefe different people prepare
the yokola, which is their principal food, or, one may
lay, houfehold bread j and they eat it for the moft part
dry.
Their fecond favourite food is caviare, or the roes of
fifh, which they prepare three different wTays. They
dry the roe whole in the air ; or take it out of the Ikin
which envelopes it, and fpreading it upon a bed of
grafs, dry"it before the fire; or, laftly, make rolls of
it with the leaves of grafs, which they alfo dry. They
never take a journey or go to hunting without dry
caviare; and if a Kamtfchatkan has a pound of this,
he can fubfift without any other provifion a great
while ; for every birch and alder tree furniflies him
with bark, which with his dried caviare makes him
an agreeable meal ; but they cannot eat either fepa-
rately, for the caviare flicks like glue to the teeth ; and
it is almoft impofiible to fwallow the bark, chewed
ever fo long by itfelf. There is ftill a fourth method,
which both Kamtfchatkans and Koreki ufe in prepar¬
ing their caviare : the firft, having covered the bottom
of a pit with grafs, they throw the frefli caviare into it,
and leave it there to grow four : the Koreki tie theirs
in bags, and leave it to four ; this is efteemed their
moft delicate dilh.
There is a third fort of diet, called by the Kamtf¬
chatkans chupriki, which is prepared in this manner :
in their huts, over the fire-place, they make a bridge
of flakes, upon which they lay a heap of fifh, which
remains there, until the hut becomes as warm as a bag¬
nio. If there is no great thicknefs of fifh, one fire ferves
to drefs it; but fometimes they are obliged to make
two, three, or more fires. Fiih dreffed in this manner
is half roafted half fmoaked, but has a very agreeable
tafle, and may be reckoned the beft of all the Kamtf¬
chatkan cookery : for the whole juice and fat is prepa¬
red with a gradual heat, and kept in by the fkin, from
which they may w’hen done enough be eafily feparated;
and as foon as it is thus dreffed, they take out the guts,
and fpread the body upon a mat to dry : this they af¬
terwards break fmall, and putting it into bags, carry
it along with them for provifion, eating it like the yo¬
kola.
The Kamtfchatkans have a difn which they efteem
very much, called huigul: it is filh laid to grow four in
pits; and though the fmell of it is intolerable, yet the
Kamtfchatkans efteem it a perfume. This fifli fome¬
times rots fo much in the pits, that they cannot take it
out without ladles; in wdiich cafe indeed they ufe it for
feedin ♦heir dogs.
As for the flefti of land and the larger fea animals.
28 ] K A M
they boil it in their troughs with feveral different K arntfcLat-
herbs and roots ; the broth they drink out of ladles
and bowls, and the meat they take out upon boards, v 'J
and eat in their hands. The whale and fea horfe fat
they alfo boil with roots.
There is a principal difli at all their feafts and en¬
tertainments, called feiaga, which they make by pound¬
ing all forts of different roots and berries, with the ad¬
dition of caviare, and whale and feals fat.
Before the conqueft, they feldom ufed any thing for
drink but plain water, unlefs when they made merry ;
then they drank water which had flood fome time upon
muflirooms. At prefent they drink fpirits as fall as the
Ruffians. After dinner they drink water : and when
they go to bed at night, fet a veffel of water by them,
with the addition of fnow or ice to keep it cold, and
always drink it up before morning. In the winter
time, they amufe themfelves frequently by throwing
handfuls of fnow into their mouths : and the bride¬
grooms, who work with the fathers of their future
brides, find it their hardeft talk to provide fnow for the
family in furnmer time ; for they mull bring it from
the higheft hills, be the weather what it will, othervvife
they would never be forgiven.
The Kamtfchatkans commonly travel in fledges iVIethod of
drawn by dogs. The animals ufed for this purpofe tr:Te lmS
differ very little from the common houfe dogs ; they w*l‘1 ^0&s*
are of a middling fize, of various colours, though there
feem to be more white, black, and gray, than of any
other. In travelling, they make ufe of thofe that are
caftrated, and generally yoke four to a fledge. They
drive and diredl their dogs with a crooked flick about
four feet long, which they fometimes adorn with dif¬
ferent coloured thongs ; this is looked upon as a great
piece of finery. They drive their fledge fitting upon
their right fide, with their feet hanging down ; for it
would be looked upon as a difgrace for a man to fit
down at the bottom of the fledge, or to make ufe of
any perfon to drive him, nobody doing this but the
women. It is very difficult to travel in thefe fledges ;
for unlefs a man keeps the exafleft balance, he is liable
every moment from the height and narrownefs of them
to be overturned : in a rugged road this would be very
dangerous, as the dogs never flop till they come to
fome houfe, or are entangled by fomething upon the
road ; efpeciaily in going down fteep hills, when they
run with all their force, and are fcarcely to be kept in ;
for which reafon, in defcending any great declivity,
they unyoke all the dogs except, one, and lead them
foftly down. They likewife walk up hills ; for it is as
much as the dogs can do to drag up the fledge empty.
After a deep fnow, before it has been hardened by a
froff, there is no travelling with dogs till a road be
made, which is effefled by a man going before upon
fnow flroes, whom they call brodovjkiha. The fnow
{hoes are made of two thin boards, feparated in the
middle, bound together at the ends, and with the fore
part bent a little upwards. The brodovfkika, having
one of thefe flroes upon each foot, leaves the dogs and
fledge, and going on clears the road for fome way ;
then returning, leads forward the dogs and fledge fo far
as the road is made ; a method which he muft continue
till he comes to fome dwelling houfe. This is very la¬
borious ; and it happens fo often, that no driver ever
fets out without his fnow fhoes. When a ftorm of driven,
fnow
K A M [ 4^
Kamtfcliat-{now furprifes them, they are obliged with all hafte to
ka. feek the (lielter of foine wood, and flay there as long
k“—'‘V’’—'' as the tempeft falls, which fometimes is a whole week.
If they are a large company, they dig a place for
themfelves under the fnow, and cover the entry with
wood or brambles. Sometimes they hide themfelves
in caves or holes of the earth, wrapping themfelves up
in their furs •, and when thus covered, they move or
turn themfelves with the greateft caution left they
fhould throw off the fnow, for under that they lie as
warm as in their common huts : they only require a
breathing place •, but their clothes muft not be tight
or hard girt about them, for then the cold is unfuffer-
able. Another danger attending travellers is, that in
the fevered: froft feveral rivers are not quite frozen
over •, and as the roads for the moft part lie clofe upon
the rivers, the banks being very fteep, fcarce a year
pa lies without many being drowned. A difagreeable
circumfiance alfo to thofe who travel in thefe parts,
is their fometimes being obliged to pafs through copfes,
where they run the rifk of having their eyes fcratched
out or their limbs broken 3 for the dogs always run
moft violently in the world roads, and, to free them¬
felves, very often overturn their driver. The bed: tra¬
velling is in the month of March or April, when the
fnow is turned hard or frozen a little at top 3 however,
there is dill this inconvenience attending it, that fome¬
times travellers are obliged to lodge two or three nights
in defert places 3 and it is difficult to prevail upon the
Kamtfchatkans to make a fire either for warming them¬
felves or drefting vibluals, as they and their dogs eat
dried filh, and find themfelves fo warm wrapped in
their furs, that they want no other heat; nay, all the
people in this climate bear cold fo well, that they deep
in the open air as found as others in a warm bed, and
awake next morning perfectly refrelhed and alert. This
feems to be fo natural to all here, that fome of them
have been feen to lie down with their backs unco¬
vered a gain ft a fire, and notvvithftanding the fire has
been burnt out long before morning, they continued to
deep on very comfortably, and without any incou-e-
nience.
The bay of Avatfcha is defcribed by M. Peroufe as
the fineft, moft convenient, and the fafeft that is to be
met with in any part of the world. The entrance is
narrow, the bottom is mud, and excellent holding
ground. Two vaft harbours, one on the eaftern, and
the other on the weftern fide, are capable of containing
all the fliips of the French and Englifh navy. The
village of St Peter and St Paul is fituated on a tongue
of land, which forms a little port behind the village, in
which three or four veffels might be laid up for the
winter. It is found to be in N. Lat. 53. I. E. Long.
156. 30. from Paris.
I/lands in the fea of Kamtschatka. So many of
thefe have been difcovered by the Ruffians, that the ex-
iftence of almoft a continued chain of iflands between the
continents of Afia and America is now rendered ex¬
tremely probable. Many further difcoveries of great
importance to fcience, however, remain yet to be made.
The principal ifiands already known are the Kurile ifies,
which ft retch fouth-wreft towards the coafts of China or
Japan, and are almoft uninhabited 3 thofe called Beer-
infs and Copper iflands, the Aleutian ifles, and Fox
iftands, or hyjjie OJlrova, lie almoft direflly eaft, ftretch-
The Karntf hat-
ka.
9 ] K A M
ing nearly to 230° of longitude eaft from Fen
firft project of making dilcoveries in that tempeftuous
fea which lies between Kamtfchatka and America was
fet on foot by Peter the Great of Ruffia. Captains
Beering and Tfchirikoff were employed in the under¬
taking 3 the former of whom was ihipwrecked and died
on the iftand which is ftill called by his name. As this
lies at no great diftance from Kamtichatka, the inhabi¬
tants of the latter foon ventured over to it, as the fea-
otters and other animals of that kind were accuftomed
to refort thither in great numbers. 16
Mednoi Oftroff, or Copper illand, which lies in full Copper
fight of Beering’s iftand, was next vifited. This illand ^
has its name from the great quantity of copper with
which the north-eaft coaft of it abounds, the only fide
which is known to the Ruflians. It is waffied up by the
fea, and covers the ffiores in fuch abundance that many
ihips might be loaded with it. Perhaps an India tra¬
der might make a profitable voyage from thence to
China, where this metal is in high demand. This cop¬
per is moftly in a metallic or malleable ftate, and many
pieces feem as if they had formerly been in fulion.
The ifland is not high 3 but has many hillocks, each
of which has the appearance of having formerly been
a volcano. With this kind of hillocks all the iftands
in the fea of Kamtfchatka abound, infomuch that not
a fingle illand, though ever fo fmall, was found with¬
out one ; and many of them confided of nothing elie.
In Ihort, all the chain of illands above mentioned may
without any ftretch of imagination be confidered as
thrown up by fome late volcanoes. The apparent no¬
velty of every thing feems to juftify this conjehlure :
nor can any objeiffion be derived from the vegetable
productions with which thefe iilands abound 3 lor the
fummer after the lower ditlriCl of Zutphen in Holland
was gained from the lea, it was covered over with wild
muftard.—All thefe illands are fubjeCl to frequent and
violent earthquakes, and abound in fulphur. We
are not informed whether any lava is found upon
them 3 but a party-coloured ftone as heavy as iron,
probably a lava, is mentioned as being found there..
From this account it is by no means improbable that
the copper above mentioned lias been melted in fome
eruption. > 17
Beering’s iftand is fituated eaft from Kamtfchatka, in .^eer|n^®
the 185th degree of longitude ; and Copper ifland about
one degree more to the eaftward, and in the latitude of tian ifles,
540 north. The former is from 70 to 80 verfts long,
and ftretches from north-weft to fouth-eaft in the lame
direction as Copper ifland. The latter is about 50 •
verfts in length. About 300 verfts eaft-by-fouth of
Copper illand lie the Aleutian illes ; of which Attak is
the neareft : it is rather larger than Beering’s ifland,
and ftretches from wTeft to fouth-eaft. From thence
about 20 verfts eaftward is fituated Semitlhi, extending
from weft to eaft ; and near its extremity is another
fmall ifland. To the fouth of the ftrait Avhich feparates
the two latter iflands, and at; the diftance of 40 Aprils
from both of them, lies Shimiya in a fimilar pofition,
and not abbve 25 verfts in length. All thefe iflands lie
between 54 and 55 degrees of north latitude. is
The Fox illands are fituated eaft-north-eaft from the Fox iflands,
Aleutians : the neareft of thefe, Atchak, is about 800
verfts diftant ; it lies in 56° north latitude, and extends .
from Aveft-,fouth-\veft towards eaft-north-eaft. It greatly
lefemblss •
K A M
t 43° 1 K A M
Kamtrchat-reiembles Copper ifland, and is provided with a com-
t ka~ modious harbour on the north. From thence all the
other iilands of this chain ftretch in a diredion towards
north-ead by eaft. The next to Atchak is Amlak, and
about 15 verlls diftant; it is nearly of the fame fize,
and has a harbour on its fouth fide. Next follows Sau-
gagamak, at about the fame diftance, but fomewhat
Jmaller 5 from thence is 50 verfls to Amuchta, a fmall
rocky^ ifland 5 and the latter to Yunakfan, another
fmall illand. About 20 verfts from Yunakfan there is
a clufter of five fmall iilands, or rather mountains, Ki-
galgift, Kagamila, Tfigulac, Ulaga, and Tana Unok 5
and which are therefore called by the Ruffians Pat
Soph, or the Five Mountains. Of thefe Tana-Unok
lies molt to the north-ealt, towards which the weftern
point of Uranak advances within the diftance of 20
verfts.
Umnak ftretches from fouth-weft to north-eaft 5 it is
1 50 verfts in length, and has a very confiderable bay
on the weft end of the northern coaft, in which there
is a fir a 11 ifland, or rock, called Adugak ; and on the
fouth fide Shemalga, another rock. The weftern point
of Aghunalalhka, or Unalafhka, is feparated from
the eaft end of Umnak by a ftrait near 20 verfts in
breadth. I he pofition of thefe two iflands is fimi-
lar ; but Aghunalalhka is much the largeft, and is a-
bove 2CO verfls long. It is divided towards the north-
oaft into three promontories, one of which runs out in
a wefterly diredlion, forming one fide of a large bay
on the north coaft of the illand : the fecond ftretches
out north-eaft, ends in three points, and is connected
with the ifland by a fmall neck of land. The third, or
moft foutherly one, is feparated from the laft mentioned
promontory by a deep bay. Near Unalalhka towards
the eaft; lies another fmall ifland called Shirlin. About
20 verfts from the north-eaft promontory of Aghuna¬
lalhka lie four iflands : the firft, Akutan, is about half
as big as Umnak *, a verft further is the fmall ifland A-
kun 3 a little beyond is Akunok ; and laftly, Kigalga,
which is the fmalleft of thefe four } and ftretches with
Akun and Akunok almoft from north to fouth. Ki¬
galga is fituated about the 61 ft degree of latitude. A-
bout 100 verfts from thence lies an ifland called llni-
rnah, upon which a Ruffian navigator (Captain Krenit-
zin) wintered ; and beyond it the inhabitants faid there
was a large traft of country called Alajhia, of which
they did not know the boundaries.
I he Fox iflands are in general very rocky, without
containing any remarkably high mountains : they are
dellitute of wood ; but abound in rivulets and lakes,
which are moftly without filh. The winter is much
milder than in Siberia ; the fnow' feldom falls before the
beginning of January, and continues on the ground till
the end of March. I here is a volcano in Amuchta,
and fulphur is produced on another ifland 5 in fome
others are fprings hot enough to boil provifions. Sul¬
phureous flames are alfo fometimes feen at night upon
Ip the mountains of Unalafhka and Akutan.
Manners, The Fox iflands are tolerably populous in proportion
.^c. °f the to their fize. The inhabitants are entirely free and
inhabitants. pay tribute to no one j they are of a middle ftature,
and live, both in fummer and wdnter, in holes dug in
the earth. No figns of religion were found among
them. Several perfons indeed pafs for forcerers, pre¬
tending to know things part and to come j and are
2
accordingly held in high efteem, but without receiving Karritfchat"
any emolument, bilial duty and refpeff towards the
aged are not held in eftimation by thefe iilanders.  v *
J hey ate not, however, deficient in fidelity towards
eacn other ; they are ot a lively and cheerful temper,
though rather impetuous, and naturally prone to anger.
In general, they do not obferve any rules of decency ;
but follow all the calls of nature publicly and without
the leaf! referve.. Their principal food confifts in fiih,
and other lea animals, fmall Ihell fifli, and fea plants 5
their greateft delicacies are wild lilies and other roots,
together with different kinds of berries. When they
have lard in a ftore of provifions, they eat at any time
or the day without diftimftion ; but in cafe of neceflity,
they are capable of fading feveral days together. They
feldom heat their dwellings : but when they are defirous
of warming themfelves, they light a bundle of hay, and
hand over it j or elie they fet fire to train oil, which
they pour into a hollow ftone. ft hey feed their chil¬
dren when very young with the coarfeft flefh, and for
the moft part raw. If an infant cries, the mother im¬
mediately carries it to the fea fide, and, be it fummer
or winter, holds it naked in the water until it is quiet.
I cuftom, it is faid, is fo far from doing the children
any harm, that it hardens them againft the cold ; and
accordingly they go barefooted through the winter
without the leaft inconvenience. They are alfo
trained to bathe frequently in the fea ; and it is an
opinion generally received among the iflanders, that by
thele means they are rendered bold and fortunate in
filhing.
The men wear fhirts made of the fkins of cormo¬
rants, fea-divers, and gulls ; and in order to keep out
the rain, they have upper garments of the bladders and
other inteftines of fea-lions, fea-calves, and whales,
blown up and dried. They cut their hair in a circular
form quite ciofe to their ears; and (have alfo a round
place on the top. The women, on the contrary, let
the hair defcend over the forehead as low as the eve-
brows, and tie the remaining part in a knot upon the
toj? of the head. They pierce the ears, and hang in
tnem bits of coral, which they get from the Ruffians.
Both fexes make holes in the griftles of their noles,
and in the under lips, in which they thruft pieces of
bone, and are very fond of fuch kind of ornaments. 
T hey mark alfo and colour their faces with different
figures. They barter among one another fea-otters,
fea-bears, clothes made of birds Ikins and of dried in¬
teftines, fkins of fea-lions and fea-calves for the cover¬
ings of their canoes, wooden mafks, darts, thread made
of finews and hair of rein deer.
I heir houfehold utenfils are fquare pitchers and
large troughs, which they make out of the wood dri¬
ven afhore by the fea. Their weapons are bows and
arrows pointed with flint, and javelins of two yards in
length, which they throw from a fmall board. Inftead
of hatchets, they ufe crooked knives of flint or bone.
Some iron knives, hatchets, and lances, were obferved
among them, which they had probably got by plun¬
dering the Ruffians.
According to the reports of the oldeft inhabitants
of Umnak and Unalafhka, they have never been enga¬
ged in any war, either amongft themfelves or with
their neighbours, except with the people of Alafhka,
the occafion of which was as follows : The fon of the
toigon
K A M [ 43i ] KAO
tfchat-toigen or chief of Uranak had a maimed hand j and
ta- feme inhabitants of Alafhka, who came to vilit upon
"v that ifiand, faftened to his aim a drum, out of mockery,
and invited him to dance. The parents and relations
of the boy were xsffended-at this infult : hence a quar¬
rel enfued ; and from that time the people have lived
in continual enmity, attacking and plundering each
other by turns. According to the reports of the iiland-
ers, there are mountains upon Alaihka, and woods of
great extent at fome difiance from the coaft. The na¬
tives wear clothes made of the fid ns of rein deer, wolves,
and foxes 5 and are not tributary to any of their neigh¬
bours. The inhabitants of the Fox iflands feem to
have no knowledge of any country beyond Alafiika,
which is one of the mofi eafterly iflands yet difeovered
in thefe Teas, and is probably not far diflant from the
continent of America.
Feafts are very common among thefe iflanders; and
more particularly when the inhabitants of one iiland are
vifited by thofe of the others. The men of the village
meet their guefls, beating drums, and preceded by the
women who fing and dance. At the conclufion of the
dance, the hofls invite them to partake of the feafls ;
after which ceremony, the former return firft to their
dwellings, place mats in order, and ferve up their befl:
proyifion. The guefls next enter, take their places,
and, after they are fatisfied, the diverfions begin. Firft,
The children dance and caper, at the fame time making
a noife with their fmall drums,' while the owners of the
huts of both fexes fing. Next, The men dance almoft
naked, tripping after one another, and beating drums
of a larger fize : when thefe are weary, they are re¬
lieved by the women, who dance in their clothes, the
men continuing in the mean time to fing and beat their
drums. At laft the fire is put out which had been
kindled for the ceremony. The manner of obtaining
fire is by rubbing two pieces of dry wood againft each
other, or moft commonly by linking two flints toge¬
ther, and letting the fparks fall upon feme lea otters hair
mixed with fulphur. If any forcerer is prefent, it is then
his turn to play his tricks in the dark ; if not, the
guefts immediately retire to their huts, which are made
on that occafion, of their canoes and mats. The na¬
tives who have feveral wives do not withhold them
from their guefls; but wTere the owner of the hut has
himftlf but one wife, he then makes the oft'er of a fe¬
male fervant.
Their hunting feafon is principally from the end of
O(Sober to the beginning of December ; during which
time they kill great numbers of young fea bears for
their clothing. They pafs all December in feaftings
and diverfions fimilar to thofe above mentioned : with
this difference, however, that the men dance in wooden
malks, reprefenting various fe.a animals, and painted
red, green, or black, with coarfe-coloured earths found
upon their iflands.
During thefe feflivals, they vifit each other from vil¬
lage to village, and from illand to ifland. The feafts
concluded, malks and drums are broken to pieces, or
depofited in caverns among the rocks, and never after¬
wards made ufe of. In fpring, they go out to kill old
fca bears, fea lions and whales. During fummer, and
even in winter when it is calm, they row out to fea, and
catch cod and other fifli. Their hooks are of bone j
and for lines they make ufe of a ftring made of a long
tenacious fea weed, which is fumetimes found in thofe
leas, near 160 yards in length.
Whenever they are wounded in any encounter, or
bruifed by any accident, they apply a fort of yellow
root to the wound, and fall for fome time. When their
head aches, they open a vein in that part with a ftone
lancet. When they want to glue the points of their
arrows to the drafts, they ftrike their nofe till it bleeds,
and ufe the blood as glue.
Murder is not puniflred among them j for they have
no judge. The following ceremonies are ufed in the
burial of the dead. The bodies of poor people are
wrapped up in their own clothes, or in mats ; then
laid in a grave, and covered over with earth. The bo¬
dies of the rich are put, together with their clothes
and arms, in a fmall boat made of the wood driven
aflrore by the fea : this boat is hung upon poles placed
crofswife ; and the body is thus left to rot in the open
air.
The cuftoms and manners of the inhabitants of the
Aleutian ifles are nearly fimilar to thofe of the inhabi¬
tants of the Fox iflands. The former indeed are ren¬
dered tributary and entirely fubjeft to Ruflia ; and moft
ot them have a flight acquaintance with the Ruffian lan¬
guage, which they have learned from the crews of the
different veffels who have landed there.
KAN, or Khan, the name of an officer in Perfia,
anfwering to that of governor in Europe.—There are
kans of provinces, countries, and cities, who have differ¬
ent additions to diltinguifh them.
KANGUROO. See Didelphis, Mammalia
Index.
KANISCA, a very ftrong town of Lower Hungary,
capital of the county of Selawar. It was taken by the
Imperialifts in 1690. It is feated on the river Drave,
in E. Long. 17. 37. N. Eat. 46. 23.
KAN- TCHEOU-FOU, a flourifliing town of Chi¬
na, in the province of Kiang-fi. Its rivers, port, riches,
and population, all contribute to attract ftrangers. A
day’s journey from this city is a very rapid current, al-
moft 20 leagues in length, which flows wuth great im-
petuoflty over a number of fcattered rocks that are level
with the water. Travellers here are in great danger
of being loft, unlefs they take care to be conduced by
one of the pilots of the country *, after this paflage,
the river becomes twice as large as the Seine at Rouen j
it is continually covered with loaded barks and other
veffels under fail.—Near the walls of the city is a very
long bridge, compofed of 130 boats joined together by
ftrong iron chains. The cuftomhoufe is upon this
bridge, where a receiver conftantly refides to vifit all
veffels, and examine if they have paid the duties impof-
ed on the commodities with which they are loaded.
Two or three moveable boats are fo placed, that by
their means the bridge can be opened or fhut, to give,
or refufe a paffage 5 and no barks are ever permitted
to pafs until they have been examined. In the terri¬
tory belonging to this city, a great number of thofe
valuable trees grow, from which varnifti diftills. Its
diftricl is exteniive, and contains 1 2 cities of the third .
clafs.
KAOLIN, the name of an earth which is ufed as
one of the two ingredients in oriental porcelain. Some
of this earth was brought from China, and examined
by Mr Reaumur. He found that it was perfeftly in- .
fufible •
K A R
•Ka-u»- fufiDie by fire, and believed that it was a tally earth ;
chouk but Mr Macquer obferves, that it is more probably
II , of an argillaceous nature, from its forming a tenacious
'~a^eC pa He with the other ingredient called pctmilfe, which
lias no tenacity. Mr Bomare fays, that by analyzing
feme Chinefe kaolin, he found it was a compound
•earth confifting of clay, to which it owed its tenacity ;
of calcareous earth, which gave it a meally appearance j
of fparkling cryftals of mica; and of fmall gravel, or
particles of quartz cryftals. He fays, that he has found
a fimilar earth upon a ftratum of granite, and conjec¬
tures that it may be a decompofed granite. 1 his con¬
jecture is the more probable, as kaolins are frequently
found in the neighbourhood of granites. See Porce¬
lain.
K AOUTCHOUK. See Caoutchouc, Chemistry
Index.
KARAITES. See Caraites.
KARAT. See Car act.
KARECK, an ifland in the Perfian gulf, which was
once fubject to the Dutch. It was vifited by Mr Ives
In 1758. Pie found the fouth part of the ifland well
cultivated, with agreeable fields of corn, and produ¬
cing plenty of efculent vegetables. In the middle are
very high hills abounding with a variety of fhells.
Some fragments torn from their fides afforded an op¬
portunity of obferving an immenfe quantity of oyfters,
feallop, cockle, and other {hells. The common tree
here is the banian, but without thofe luxuriant {hoots,
which in fome other places go downward and take
root in the ground. flhe lavender cotton is alfo found
here ; and the ifland abounds with fowl of various
kinds. Pearl oyfters are alfo found, but at confiderable
depths. r
This fettlement was founded by Baron Kmphauien,
who having left the Pruflian fervice on fome difguft,
entered into that of France, afterwards went to the
Eaft Indies, and was appointed refident to the Dutch
faClory at Baffora. Here he became an objed to the
avarice and rapacity of the Turkifh governors ; whoha-
ving got him accufed of capital crimes, he w7as at laft
glad to compound wnth them for 50,000 rupees, the
whole fum he was worth, befides giving direaions how
they might fqueeze other 50,000 from his fucceffor in
office (.who in truth wiffied him turned out) and the
banian who did the bufinefs of the Dutch factory, and
who had likewife been concerned in underhand prac¬
tices againfl: him. .
The new refident was overjoyed at his acceffion,
but loft all patience when he found himfelf obliged to
pay 50,000 rupees to the governor as a compliment
on his entering into a poft of fuch confequence. Nor
had the banian much better reafon to be fatisfied, be¬
ing obliged to pay dowm 20,000 rupees to make up
the fum which was to fatisfy the rapacity of the go¬
vernor.
Baron Kniphaufen failed from Baffora the very day
after he was fet at liberty ; but having landed on this
ifland, he, in conjunftion wdth an Arabian fheick, form¬
ed the plan of the fettlement. Pie then carried a let¬
ter from the flieick to the governor and council of
Batavia, in which the former propofed to give up
the fovereignty of the ifland. Before fetting out
for this place, however, the baron took care t:o de-
fpatch a meffenger acrofs the^delert to Conftantinople,
K A R
acquainting the Dutch ambaffador with the treatment Kamck
he had received, and requefting liberty of the gram! ^ JJ^ ^
viiier for the Dutch to fettle at Kareck. The mef- „_A—.
fenger returned with a favourable anfvver before the
baron came back from Batavia. The governor of
Baffora, then, having attempted in vain to perluade
him to return to that place, wrote a letter of com¬
plaint to Batavia, accufing the baron in terms of the
utmoft exaggeration, but without any mention of the
100,000 rupees. The baron, howrever, having got
intelligence of this proceeding, ufed fuch diligence that
he got back to Batavia in the very fhip which carried
the letter. Being thus prefent on the fpot to anfwer
the charges brought againft him, he acquitted himfelf
fo W'ell that his fcheme was inftantly approved of, and
he was fent back with two {hips and 50 men to take
poffeflion of Kareck, wffiofe inhabitants at that time
amounted to no more than 100 poor fiihermen.
Confiderable difficulties now occurred in the eftablifh-
ment of the new colony ; for he had but very few ma¬
terials with him, and the government of Batavia was
verv flow in fending him the fuccours they had pro-
mifed. He was therefore obliged to fend for work¬
men from Perfia and Arabia, with whofe affiftance he
built a fmall compact fort, ftrong enough to defend
itfelf againft any of the country powers, and any {hips
ufually failing to India, excepting thole of our Eaft
India’Company. Nor was he content with putting
himfelf in a pofture of defence, but even commenced
hoftilities againft the Turks ; and by detaining two
veffels very richly laden, which happened to touch at
the ifland, he at laft obliged the governor of Baffora
to pay back the 100,000 rupees he had extorted,
30,000 of which he reftored to his fucceffor in office
at Baffora, and 20,000 to the banian. When Mr
Ives vifited him, he informs us, that furprifing pro-
grefs had been made during the little time the baron
had held the fovereignty of the ifland, and that he in¬
tended to make it a ftrong and weathy place ; at the
fame time that he difeovered his tafte for literature by
advancing a fum of money for books and inftruments
of various kinds, which were afterwards punctually
fent. After that time, howmver, the baron quitted
the fervice of the Dutch ; and the illand is again in
poffeffion of the ffieick of Bundaric, to whom it former¬
ly belonged. It is about five miles long and two in
breadth ; lying nearly in the middle of the Perfian gulf,
about feven leagues from each fide, and about 30 leagues
from the mouth of Baffora river, wThere all ihips bound
to that port muft call for pilots.
KARLE, a Saxon word ufed in our law, fometimes
{imply for a man ; and fometimes, with an addition, for
a fervant or clown. "Ihus the Saxons call a leaman
bufcarli, and a domeftic lervant kijcarle. hiom hence
comes the modern word churl.
KAR MAT IANS, a feCt of Mohammedans, who
occafioned great dtforders m the empire of the Arabs.
See Bagdad, N° 49. .
KARNAC, the name of a village near Ihebes in
Upper Egypt, and built on a fmall part of the fite of_a
fingle temple, the circumference c* which, it is faid, it
would require half an hour to w’alk round. The ruins
of this temple, which are yet vifible, feem to indicate,
according to Denon, that it was the largeft in the
world ; and he thinks it probable, that the temple of
Karnac,
[ 452 1'
K A T
Kafiln Karnac, as well as that of Luxor, was built in the time
11 of Sefollris, when Egypt was in the higheft degree of
Kattegatte profperity. The plan of this temple is faid to be noble
' and ^rand 5 but Denon fuppofes that the embellifhments
were added long alter the building of the temple, as
they exhibit a more corredt and chafte dyle. The por-
t'co alone is compofed of 100 columns, the fmilleft of
which are not lefs than ^eet in diameter, and the
largeft J 2.
KASSON, a populous kingdom in the north of
Africa, the metropolis of which lies in N. Lat. 14. 33.
W. Long.. 8. 43. The king of the country was ex¬
tremely kind to Mr Park, although his fon plundered
him in a very (hocking manner. He fays that the
number of towns and villages, and the extenfive culti¬
vation around them, exceeded every thing he had then
feen in Africa. A grofs calculation may be formed of
the number of inhabitants in this enchanting plain, from
confidering that the king of Kaifon can raife 4000 fight¬
ing men by the found of his war drum. It is remark¬
able, that although the people poifefs abundance of corn
and cattle, both high and low make no fcruple of eating
rats, moles, fquirrels, (hails, and locufts. What is per¬
haps no lefs lingular, the wmmen of this country are
not allowed to eat an egg, although they are ufed by the
men without any fcruple in the prefence of their waves.
The method of converting the negroes to the reli¬
gion of Mahomet is wTorthy of notice. Mr Park affures
us that he faw the whole inhabitants of Teefce, a large
unwalled towm of Kaffon, inftantly converted. While
he refided in that town, an embafly of 10 people be¬
longing to Almami Abdulkader, king of Foota Torra,
a country to the weft of Bondou, arrived at Teefce j
and defiring Tiggity Sego the governor to call an
aflembly of the inhabitants, publicly made known the
determination of their king—“ that unlefs all the
people of Kaffon w'ould embrace the Mohamedan reli¬
gion, and evince their converfion by faying eleven pu¬
blic prayers, he (the king of Foota Torra) could not
poffibly (land neuter in the prefent conteft, but would
•certainly join his arms to thofe of Kajaaga.” Such a
meffage from fo potent a piince created great alarm 5
and the inhabitants, after deliberating for fome time,
agreed to conform themfelves to his will and pleafure,
renouncing Paganifm and embracing the doctrines of the
falfe prophet.
KASTKIL, or Kestril, a fpecies of falcon. See
Falco, Ornithology Index.
KATTEGATTE, a noted fea, lying between part
of Jutland and the coaft of Sw eden, and towards the
latter covered with a great number of ides. It is al-
moft clofed at the extremity by the low Danifti iilands
of Sealand and Funen, which had in old times been
(with Sweden) the feat of the Suiones. Between the
firft and the coaft of Sweden is the famous found, the
paffage tributary to the Danes by thoufands of (hips.
Thefe iflands were of old called Codonania, and gave
to the Kattegatte the name of Sinus Codonanus. Its
greateft depth is 35 fathoms. It decreafes as it ap¬
proaches the found \ which begins w ith 16 fathoms,
and near Copenhagen (hallows to even four. The Ro¬
man fleet, under the command of Germanicus, (ailed,
according to Pliny, round Germany, and even doubled
the Cimbricum Promontonum, and arrived at the idands
which fill the bottom of the Kattegatte : either by ob-
Vol. XL Part II.
K E A
fervation or information, the Romans w’ere acquainted Kauff-
with 23. One they called Glejfaria, from its amber, Weujen
a foffil abundant to this day on part of the fouth fide KeatJ.
of the Baltic. A Roman knight was employed by .
Nero’s mafter of the gladiators to collect in thefe parts
that precious produftion, by wdiich he became perfectly
acquainted with this country.
KAUFFBEUREN, a free and imperial town of
Germany, fituated on the river Wardach, in E. Long.
10. 53. N. Lat. 47. 57.
KAY, Quay, or Key. See Key.
KAZY, in the Eaft Indies, a Mahometan judge or
magiftrate ; appointed originally by the court of Delhi
to adminifter juftice according to their written law } but
particularly in matters relative to marriages, the fales
of houfes, and tranfgreflions of the Koran. He attefts
or authenticates writings, which under his feal are ad¬
mitted as the originals in proof.
KEATE, George, Esq. F.R.S. an eminent Englifh
writer, w7as born in 1730, and educated atKingfton fchool,
after which he went to Geneva, where he refided for fome
years, and became acquainted wdth M. Voltaire. When
he made the tour of Europe, he became a ftudent in the
Inner Temple, w7as called to the bar, but did not meet
with fuch encouragement as to induce him to perfevere.
In the year 1760 he publilhed his Ancient and Modern
Rome, a poem which was received with confiderable
applauie, and the following year he gave the world
A (hort Account of the Ancient Hiftory7, prefent Go¬
vernment and Laws of the Republic of Geneva, 8vo.
dedicated to Voltaire, who once intended to tranflate
it into French, but afterwards abandoned his defign.
In 1762 he produced an Epiftle from Lady Jane
Gray to Lord Guildford Dudley ; and next year the
Alps, a poem, believed to be the beft he ever wrote,
for truth of defcription, vigour of fancy, and beauty of
verfification. In 1764 appeared Netley Abbey, and in
1765, The Temple Student, an Epiftle to a Friend, in
which he rallies his own want of application to the
ftudy of the law, and his confequent want of fuccefs in
that profeflion. In 1766 he publifhed a poem to the
memory of Mrs Cibber, of whofe talents as an aclrefs
he entertained a very high opinion. He married in
1769 Mifs Hudfon, and about the fame period he pu-
biiihed Ferney, an Epiftle to Voltaire. Having praifed
with energy the beauties of that philofopher’s poetical
works, he introduces a grand panegyric on the im¬
mortal Shakefpeare, whom Voltaire ufed every effort to
depreciate, probably from a fpirit of envy. This eulo-
gium made the mayor and burgeffes of Stratford pre¬
fent cur author with a ftandilh mounted with filver,
made out of the famous mulberry tree which Shake¬
fpeare had planted.
In 1775 appeared his Monument in Arcadia, a dra¬
matic poem j and in 1779 he publiftied his Sketches
from Nature, taken and coloured in a Journey to Mar¬
gate, juftly allowed to be an elegant compofition. In
the year 1787 came out The Diftreffed Poet, a ferio-
comic poem, in three cantos, occafioned by a long and
vexatious law-fuit. His laft work was perhaps the
mod honourable of the whole, both to his head and to
his heart. Captain Wilfon of the Antelope packet
having fuffered (hipwreck on the Pelew iflands, was re-
fufed any farther command, and reduced to diftrefs,
which induced the humane Keate to publilh an account
3 I of
C 433 ]
K E E t 434 1 K E E
Kebia ofthefe iflands for tlie benefit of that gentleman, which,
r II it is faid, brought him about 900 guineas in the Ipace
of a year. This work is written with much elegance,
although it is probable the amiable part of the manners
of the natives of Pelevv is fomewhat highly coloured.
The life of this poet was fpent without any viciffi-
tudes of fortune ; he was poffeffed of a very ample
eftate, which he never attempted to increafe but by
prudence in the management of it. He -was a man of
beneficence and hofpitality, and enjoyed the favour of
mankind in a very high degree. His health had been
gradually declining towards the clofe of his life. He
died in June 1797, leaving one daughter.
KEBLA, an appellation given by the Mahometans
to that part of the world where the temple of Mecca
is fituated, towards which they are obliged to turn
themfelves when they pray.
KEDAR, in Ancient Geography, a diflrict in the
delert of the Saracens (fo called from Cedar, the fan of
Ithmael, according to Jerome, who in another place
fays that Kedar was uninhabitable, on the north of A-
rabia Felix. Kedareni, the people •, wrho dwelt in tents
like the other Scenites (Pfalm cxx.), were rich in cat¬
tle (Ifaiah lx.), of a fwarthy complexion (Canticles i.),
and excellent at the bow (Ifaiah xxi.).
KEDES, in Ancient Geography, a city of refuge and
Levitical in the tribe of Naphtali, on the confines of
Tyre and Galilee j (Jofephus). Jerome calls it a fa-
eerdotal city, fituated on a mountain 20 miles from
Tyre, near Paneas, and called Cidijfus ; taken by the
king of Affyria.—Another Kedesin the tribe of Iflachar
{T Chron. vi. 72.) which feems to be called A7/2uo«
(Jolhua xix.)
KEDGE, a fmall anchor, ufed to keep a (hip fteady
whillt {lie rides in a harbour or river, particularly at the
turn of the tide, when (lie might otherwife drive over
her principal anchor, and entangle the ilock or flukes
with her Hack cable, fo as to loofen it from the
ground. This is accordingly prevented by a kedge
rope that hinders her from approaching it. The hed¬
ges are particularly ufeful in tranfporting a (hip ; i. e.
removing her from one part of the harbour to ano¬
ther, by means of ropes which are faftened to thefe
anchors. They are generally furniftied with an iron
ilock, which is eafily difplaced for the convenience of
{lowing them.
KEDRON, or Cedron, in Ancient Geography, a
town which, from the defeat and purfuit of the Syrians
( 1 Mac. xvi.), appears to have Hood on the road which
led from the Higher India to Azotus: in this war it
was burnt by the Jews.
Kedron, or Cedron, in Ancient Geography. St John
calls it a brook, but Jofephus a deep valley between Je-
rufalem and Mount Olivet to the call; called alfo Ke-
ih-on from its blacknefs. A brook only in winter, or
in rainy weather, according to Maundrel.
KEEL, the principal piece of timber in a (hip,
which is ufually firft laid on the blocks in building. If
we compare the carcafs of a (hip to the Ikeleton of the
human body, the keel may be confidered as the back
bone, and the timbers as the ribs. It therefore fup-
ports and unites the whole fabric, fince the ftem and
Hem poll, which are elevated on its ends, are in fome
meafure a continuation of the keel, and ferve to con-
litdl and er.clole the extremities of the fides by tran-
foms j as the keel forms and unites the bottom by tim- Keel
bers. - k ^
The keel is generally compofed of feveral thick t ‘ *
pieces placed lengthwife, which, after being fcarled
together, are bolted, and clenched upon the upper fide.
When thefe pieces cannot be procured large enough to
afford a fufficient depth to the keel, there is a lirong
thick piece of timber bolted to the bottom thereof, call¬
ed the falfe heel, which is alfo very ufeful in preferving
the lower fide of the main keel. In our largelt {hips of
war, the falfe keel is generally compofed of two pieces,
which are called the upper and the lower falfe heels.
See MiDSttiP-Frame.
The loweff plank in a fhip’s bottom, called the gar-
board-freah, has its inner edge let into a groove or
channel cut longitudinally on the fide of the keel : the
depth of this channel is therefore regulated by the
thicknefs of the garboard ftreak.
Keel is alfo a name given to a low flat-bottomed
vefl'el, ufed in the river Tyne to bring the coals down
from Newcaftle and the adjacent parts, in order to load
the colliers for tranfportation.
Kipl-Hauling, a punifliment inflidiled for various
offences in the Dutch navy. It is performed by
plunging the delinquent repeatedly under the Ikip’s
bottom on one fide, and hoifting him up on the other,
after having paffed under the keek The blocks or
pullies by which he is fufpended are faftened to the
oppefite extremities of the main yard, and a weight of
lead or iron is hung upon his legs, to fink him to a
competent depth. By this apparatus he is drawn clofe
up to the yard arm, and thence let fall fuddenly into
the fea, where, palling under the {hip’s bottom, he is
hoifted up on the oppofite fide of the veffel. As this
extraordinary fentence is executed wTith a ferenity of
temper peculiar to the Dutch, the culprit is allowed
fufficient intervals to recover the fenfe of pain, of
which indeed he is frequently deprived during the
operation. In truth, a temporary infenfibility to his
fufferings ought by no means to be conftrued into a
difrefpeft of his judges, when we confider that this
puniihment is fuppofed to have peculiar propriety in
the depth of winter, whilft the flakes of ice are
floating on the ftream ; and that it is continued till
the culprit is almoft fuffocated for want of air, be¬
numbed with the cold of the water, or ftunned with
the blows his head receives by ftriking the Ihip’s
bottom.
KEELSON, a piece of timber which may be pro¬
perly defined the interior or counter part of the keel j
as it is laid upon the middle of the floor timbers, im¬
mediately over the keel, and like it compofed of fe¬
veral pieces fcarfed together. In order to fit with
more fecunty upon the floor timbers and crotches, it
is notched about an inch and a half deep, opponte to
each of thofe pieces, and thereby firmly fcored down
upon them to that depth, where it is fecured by fpike-
nails. The pieces of which it is formed are only half
the breadth and thicknefs of thofe of the keel.
The keelfon ferves to bind and unite the floor-timbers
to the keel. It is confined to the keel by long bolts,
which, being driven from without through feveral of
the timbers, are forelocked or clenched upon rings on
the upper fide of the keelfon.
KEEPER OE THE GREAT seal, is a lord by his
office.
K E H [ 435 ] K E I
office, and ftyled lord keeper of the great feal of Great
Britain; he is always one of the privy council. AH
grants, charters, and commiffions of the king under the
great feal, pals through the hands of the lord keeper •,
for without that feal many of thofe grants, &.c. would
be of no force , the king being, in the interpretation of
the law, a corporation, and therefore paffes nothing
but by the great feal, which is alfo faid to be the pu¬
blic faith of the kingdom, being in the highelf elleem
and reputation.
Whenever there is a lord keeper, he is invefted with
the fame place, authority, pre-eminence, jurifdi&ion,
or execution of laws, as the lord chancellor of Great
Britain is Veiled with.
The lord keeper is conllituted by the delivery of
the great feal, &c.
K&eper of the privy feal, is alfo a lord by his office,
through wdiofe hands all grants, pardons, &c. pafs
before they come to the great leal ; and even fome
things pafs his hands which do not pafs the great feal
at all. This officer is alfo one of the privy council,
yet was anciently called clerk of the privy feal. His
duty is to put the feal to no grant, &c. without a pro¬
per warrant ; nor with warrant wffiere it is againll law,
or inconvenient, but lhall firft acquaint the king there¬
with.
•KEEPING, in Painting, denotes the reprefenta-
tion of objetls in the fame manner that they appear
to the eye at different diilances from it 5 for which the
painter Ihould have recourfe to the rules of perfpective.
There are two inllances in which the famous Raphael
Urbin has tranfgreffed thefe rules: in one of his car¬
toons, reprefenting the miraculous draught of filhes, the
men in each of the two boats appear of full lize, the
features of their faces being llrongly marked ; and the
boats are reprefented fo fmall, and the men fo big,
that any one of them appears fufficient to fink either
of the boats by his own bare woight : and the fowds on
the Ihore are alfo drawn fo big, as to feem very near
the eye of the obferver, who could not poffibly, in that
cafe, dillinguiffi the features of the men in the diftant
boats. Or, fuppofing the obferver to be in either of
the boats, he could not fee the eyes or beaks of the
fowls on the Ihore. The other inllance occurs in his
hiitorical picture of our Saviour’s transfiguration oh
the mount *, where he is reprefented with thofe wffio
were then with him, almoil as large as the reft of his
difciples at the foot of the mount, with the father and
mother of the boy whom they brought to be cured j
and the mother, though on her knees, is more than
half as tall as the mount is high. So that the mount
appears only of the fize of a little hay-rick, with a few
people on its top, and a greater number at its bottom
on the ground ; in which cafe, a fpeftator at a little
diftance could as well diftinguiffi the features of thofe
at the top as thofe on the ground. But upon any large
eminence, deferving the name of a mount, that would
be quite impoffible.
KEHL, or Keil, a very important fortrefs of Ger¬
many, feated on the banks of the Rhine, built by the
French after a dcfign of Marffial Vauban, for the de¬
fence of Stralbuig, from -which it is a mile and a half
diflant. It was ceded to the empire in 1697, by the
treaty of Ryfwick. The French retook it in 1703,
gnd it w as reftored to the empire by the treaty of Rai-
tadt. During the time of the French revolution, this r K;e>h.
fortrefs changed mafters feveral times ; but after 1801,
it wras demolilhed in terms of the treaty of peace. E.
Long. 7. 45. N. Lat. 48. 40.
KEILL, Dr John, a celebrated aftronomer and
mathematician, was born at Edinburgh in 1671, and
ftudied in the univerfity of that city. In 1694 he went
to Oxford ; where, being admitted of Baliol college,
he began to read leisures according to the Newtonian
fyftem in his private chamber in that college. He is
faid to have been the firft who taught Sir Ifaac New¬
ton’s principles by the experiments on which they are
founded : and this, it feems, he did by an apparatus of
inftruments of his own providing, by which means he
acquired a great reputation in the univerfity. The
firft fpecimen he gave the public of his Ikill in mathe¬
matical and philofophical knowledge, wras his Exami¬
nation of Dr Burnet’s theory of the earth, with Re¬
marks on Mr Whifton’s theory : and thefe theories be¬
ing defended by their refpeftive inventors, drew from
Mr Keill An Examination of the refledlions on the
theory of the earth, together with A defence of the re¬
marks on Mr Whifton’s new theory. In 1701, he pub-
lifhed his celebrated treatife, entitled, IntroduBio ad ve~
ram phyfcam, which only contains 14 ledlures j but in
the following editions he added twro more. This work
has been tranfiated into Englifti, under the title of
An introdutlion to natural philofophy. Afterwards,
being made fellow of the Royal Society, he publiftied,
in the Philofophical Tranfadlions, a paper of the laws
of attradlion j and being offended at a paffage in the
JlEla eruditorum of Leiplic, warmly vindicated againft
Mr Leibnitz Sir Ifaac Newton’s right to the honour
of the firft invention of his method of fluxions. Li
1709 he went to New England as treafurer of the
Palatines. About the year 1711, feveral objections
being urged againft Sir Ifaac Newton’s philofophy, in
fupport of Des Cartes’s notions of a plenum, Mr Keill
publiftied a paper in the Philofophical Tranfa&ions
on the rarity of matter, and the tenuity of its compo-
fition. But while he was engaged in this difpute,
Queen Anne was pleafed to appoint him her decy-
pherer 5 and he continued in that place under King
George I. till the year 1716. He had alio the de¬
gree of doctor of phyfic conferred on him by the uni¬
verfity of Oxford in 1713. He died in 1721. He
publiflied, befides the works already mentioned, Iniro-
duciio ad veram afronomiam, which was tranfiated in¬
to Englilh by Dr Keill-himfelf j and an edition of Com-
mandinus’s Euclid, with additions of his own.
Keill, 'James, M. D. an eminent phyfician, and
brother of the former, was born in Scotland about
the year 1673 5 and having travelled abroad, read lec¬
tures of anatomy with great applaufe in the univerfities
of Oxford and Cambridge, by the latter of which he
had the degree of doCtor of phyfic conferred upon him.
In 1700 he fettled at Northampton, where he had
confiderable practice as a phyficifn •, and died there of
a cancer in the mouth in 1719. He publiftied, 1. An
Englilh tranflation of Lemery’s chemiftry. 2. An
account of animal fecretion, the quantity of blood in
the humqn body, and mulcular motion. 3. A treatife
on anatomy. 4. Several pieces in the Philofophical
TranfaCtions.
KEISERSBERG, a town of Alface in Ranee,
3 I 2 and
K E I [ 436 ] K E L
Ker'cr- and in the bailiwick of Haguenau, which has belonged
fldutern tQ jrrench ever fince year X548. It is feated
Ke th. a pleafant country, in E. Long. 7. 25. N. Lat.
—v-*-- 48. 10.
KEISERSL AUTERN, a town of Germany, in the
Lower Palatinate, belonging to the eleftor Palatine ;
feated on the river Louter, in E. Long. 7. 51. N. Lat.
49. 22.
REISER POUL, a town of Switzerland, in the
county of Baden, with a bridge over the Rhine, and
a caflle. It belongs to the bilhop of Conflance, and
is fituated in E. Long. 8. 40. N. Lat. 47. 10.
REISER WERE, a town of Germany in the circle
of YVellphalia, the diocefe of Cologne, and the duchy
of Berg j fubjeft to the elector Palatine. The forti¬
fications are demolifhed. It is feated on the Rhine,
in E. Long. 6. 49. N Lat. 51. 16.
KEITH, James-Francis-Edward, field-marlhal
in the Pruflian fervice, was the younger fon of Wil¬
liam Keith, earl marlhal of-Scotland } and was born
in 1696. He was defigned by his friends for the law;
but his inclination led to arms, and the firft occafion
of drawing his fword was at the age of 18 years,
when the rebellion broke out in Scotland. Through
the infligation of his mother, he joined James’s party,
was wounded at the battle of Sheriffmuir, and made
his efcape to France. Here he applied himfelf to mi¬
litary ftudies ; and going to Madrid, he by the intereft
of the duke of Liria obtained a commiflion in the
Irilh brigades, then commanded by the duke of Or¬
mond. He afterwards attended the duke of Liria,
when he went ambafiador to Mufccvy ; and being by
him recommended to the Czarina, was promoted to the
rank of lieutenant-general, and inverted with the order
of the black eagle. He diitinguiihed himfelf by his
valour and conduct in the Ruflian fervice, and had no
inconfiderable lhare in the revolution that raifed Eli¬
zabeth the daughter of Peter the Great to the throne :
he alfo ferved in feveral embaflies; but finding the
honours of that country but a fplendid kind of flavery,
he left that court and entered the Pruffian fervice.
The king of Pruflia made him field-marlhal of the
Pruffian armies, and governor of Berlin ; and diftin-
guilhed him fo far by his confidence, as to travel in
difguife with him over a great part of Germany, Po¬
land, and Hungary. In bufinefs, he made him his
chief counfellor ; in his diverfions, his chief compa¬
nion. The king was much pleafed with an amufe-
ment wdiich the marlhal invented in imitation of the
game of chefs. The marlhal ordered feveral thoufand
imall ftatues of men in armour to be cart by a founder ;
thefe he would fet oppofite to each other, and range
them in Battalia, in the fame manner as if he had been
drawing up an army ; he would bring out a party from
the wings or centre, and Ihow the advantage or difad-
vantage refulting from the different draughts which
he made. In this manner the king and the marlhal
often amufed themlelves, and at the fame time improv¬
ed their military knowdedge. This brave and expe¬
rienced general, after many important fervices in the
late wars of that illuftrious monarch, was killed in the
unfortunate affair of Hochkirchen, in the year 1758.
The family of Keith was among the moft ancient
in Europe. In 1010 the Scots gained a complete
viflory over the Danes at Camus town in Angus j
King Malcolm II. as a rewArd for the fignal bravery Kellingtoa
or a certain young nobleman who purfuecl and killed il
Camus the Danilh general, bellowed on him feveral ,
lands, particularly the barony of Keith in Eaft Lo-
tin an, from which his pofterity affumed their furname.
Tne king alio appointed him hereditary great ma-
relchal oi Scotland, which high office continued in his
family till the year 1715* when the laff earl engaged
in the rebellion, and forfeited his eftate and honours ;
and thus ended the family of Marefchal, after ferving
their country in a diltinguilhed capacity above 700
years.
KELLINGTON, or Kilkhamfton, a town of
CornwAll in England, which fends two members to par¬
liament. W. Long. 4. 38. N. Lat. 50. 36.
KELLS, a borough town of Ireland, in the county
of Meath and province of Leinfter, 3 I miles from Dub¬
lin. Ihis place gives title of vifcount to the family of
Cholmondeley; and near it is Headfort, the magnificent
feat of Lord Beflive. I his town is pleafantly lituated
on the river BlackwAter, and has four fairs. It was
anciently called Kenamts, and aftemards Kenlis. In
former ages it was one of the moft famous cities in
the kingdom ; and on the arrival of the Englilh was
walled and fortified with towers. In 1178 a caftle
was erected where the market place now is ; and op¬
pofite to the caftle was a crofs of an entire ftone, or¬
namented with bas-relief figures and many curious in-
fcriptions in the ancient Irifh characler. Within a
fmall diftance was the church of St Senan ; and on
the fouth of the churchyard is a round tower which
meafures 99 feet from the ground, the- roof ending in
a point ; and near the top were four windows oppofite
to the cardinal points. There was a celebrated mo-
naftery founded here in 550 for regular canons, and
dedicated to the Virgin Mary. It owed its origin to
St Columba, to w’hom the fite of the abbey was grant¬
ed by Dermod Maccarval, or Dermod the fon of Ker-
vail king of Ireland. An epifcopal fee was afterwards
eredled here, which in the 13th century was united to
that of Meath. A priory or hofpital was alfo ereft-
ed by Walter de Lacie, lord of Meath, in the reign
of Richard I. for crofs-bearers or crouched friars
following the order of St Auguftin. There was like-
wdfe a perpetual chantry of three priefts or chaplains
in the parifh church of St Columba in Kells to cele¬
brate mafs daily ; one in the Rood chapel, another in
St Mary’s chapel, and a third in the chapel of St Ca¬
therine the virgin.
Kells is alfo the name of a village in the county
of Kilkenny, 64 miles from Dublin, fituated on Kings
river ; and was noted for a priory of Auguftines, built
and richly endowed by Geoffroy Fitzroberts, who
came into this kingdom with Strongbow. The prior
of this place had the title of lordfpiritual, and as fucli
fat in the houfe of peers before the Reformation ; the
ruins only of this abbey now remain : a fynod was
held in it anno ] 152, when John Paparo, legate from
Rome, made one of the number of bilhops that were
convened there at that time to fettle the affairs of the
church.
There is a third place of the above name, fituated in
the county of Antrim and province of Ulfter, 89 miles
from Dublin.
KELLY, Hugh, an author of confiderable re¬
pute,
K E L [ 437 ] K E L
Kelly, pute, was born on the banks of Killarney lake in Ire-
v land in 1739* His father, a gentleman of good fa¬
mily, having reduced his fortune by a feries of unfore-
feen misfortunes, was obliged to repair to Dublin that
he might endeavour to fupport himfeif by his perfonal
induflry. A tolerable fchool education was all he
could afford to his fon ; who was bound an apprentice
to a haymaker, and ferved the whole of his time with
diligence and fidelity. At the expiration of his in¬
dentures, he fet out for London to procure a liveli¬
hood by his bufinefs $ where he encountered all the
difficulties a perfon poor and without friends could be
fubjedl to on his firft arrival in towrn. Happening,
however, to become acquainted with an attorney, he wras
employed by him in copying and tranfcribing; an occu¬
pation which he profecuted with fo much affiduity,
that he is laid to have earned about three guineas a-week,
an income which, compared to his former gains, might
be deemed affluent. Tired, however, of this drudgery,
he foon after, about 1762, commenced author, and was
intruded with the management of the Lady’s Mufeum,
the Court Magazine, the Public Ledger, the Royal
Chronicle, Owen’s Weekly Pod, and fome other pe¬
riodical publications, in which he wrote many origi¬
nal effays and pieces of poetry, which extended his
reputation, and procured the means of fubfidence for
himfeif, his wife to whom he was then lately married,
and a growing family. For feveral years after this pe¬
riod, he continued writing upon- a variety of fubjects,
as the accidents of the times chanced to call for the af-
fidance of his pen ; and as during this period politics
were the chief objects of public attention, he employed
himfeif in compofing many pamphlets on the important
quedions then agitated, the greater part of which are
now buried in oblivion. Among thefe, however, wras
a Vindication of Mr Pitt’s Adminidration, which Lord
Chederfield makes honourable mention of in the fe-
cond volume of his letters. In 1767, the Eabler ap¬
peared in two pocket volumes, which had at fird been
inferted in Owen’s Weekly Chronicle in fingle papers ;
as did the Memoirs of a Magdalene, under the title of
Louifa Mildmay. About 1767 he was tempted by
the fuccefs of Churchill’s Rofciad to write fome dric-
tures on the performers of either theatre, in two
pamphlets, entitled T: • rpis, both which gave great of¬
fence to fome of the principal perions at each houfe.
I he talents for fatire, which he difplayed in this work,
recommended him to the notice of Mr Garrick, who
in the next year caufed his fird play of Falfe Delicacy
to be a£ted at Drury Lane. It was received with great
applaufe ; and from this time he continued to ivrite for
the dage ivith profit and fuccefs, until the lad period
of his life. As his reputation increafed, he began to
turn his thoughts to fome mode of fupporting his
family lefs precarious than by writing, and for that
purpofe entered himfeif a member of the Middle Tem¬
ple. After the regular deps had been taken, he was
called to the bar in 1774, and his proficiency in
the dudy of the law afforded promifing hopes that he
might make a didinguidied figure in that profeflion.
His fedentary courfe of life had, however, by this
time injurtd his health, and fubjedded him to much af-
ffidion. Early in 1777 an abfcefs formed in his fide,
which after a few days illnefs pn£ a period to bis life.
He was the author of fix plays befides that above-men- Kelp,
tinned. Kello.
KELP, a term which is ufed in Britain to fignify
the faline fubftance obtained by burning fea-weed, which
is chiefiy employed in the manufacture of green glafs.
Different fpecies of fea-weed, belonging to the genus
fucus, and order algce, are cultivated for this purpofe.
Thefe plants are thrown on the rocks and (hores in
great abundance, and in the fummer months are raked
together and dried as hay in the fun and wind, and af¬
terward burnt to the allies called kc/p. The procefs of
making it is thus: The rocks, which are dry at low
water, are the beds of great quantities of fea-weed y
which is cut, carried to the beach, and dried : a hol¬
low is dug in the ground three or four feet wide ;
round its margin are laid a row of Hones, on which
the fea-weed is placed, and fet on fire within, and
quantities of this fuel being continually heaped upon,
the circle, there is in the centre a perpetual flame,
from which a liquid like melted metal drops into the
hollow beneath : when it is full, as it commonly is ere
the clofe of day, all heterogeneous matter being remo¬
ved, the kelp is wrought with iron rakes, and brought
to an uniform confidence in a ftate of fufion. When
cool, it confolidates into a heavy dark-coloured alka¬
line fubftance, which undergoes in the glafs-houfes a
fecond vitrification, and when pure affumes a perfeft
tranfparency. See Soda, CHEMISTRY Index.
KELSO, a town of Roxburghffiire in Scotland,
pleafantly fituated on the river Tweed, in W. Long.
1. 20. N. Lat. 55. 38. Of this town Mr Pennant
gives the following defcription. It is built much
after the manner of a Flemilh town, with a fquare and
town-houfe. It contains about 2700 fouls, has a very
confiderable market, and great quantities of corn are
fold here weekly by fample. The abbey of Tyronen-
fians was a vafi: pile, and, to judge by the remains, of
venerable magnificence. The walls are ornamented
with falfe round arches, interfering each other. Such
inter£e<5Hons form a true Gothic arch ; and may as
probably have given rife to that mode as the arched
ffiades of avenues. The fleeple of the church is a vaffc
tower. This houfe was founded by David I. when
earl of Cumberland. He firlt placed it at Selkirk,
then removed it to Roxburgh, and finally, when he
came to the crown, fixed it here in 1128. Its reve¬
nues were in money about 2000I. Scots a-year. The
abbot was allowed to wear a mitre and pontifical
robes; to be exempt from epifcopal jurifdirion, and
permitted to be prefent at all general councils. The
environs of Kelfo are very fine : the lands confift
of gentle rifings, enclofed with hedges, and extreme¬
ly fertile. They have much reafon to boalt of their
profpe&s. From the Chalkheugh is a fine view of
the forks of the rivers, Roxburgh hill, Sir John.
Douglas’s neat feat, and at a dillance Fleurus \ and
from Pinnacle hill is feen a vafl: extent of country,
highly cultivated, watered with long reaches of the
Tweed, well wooded on each margin. Thefe borderers
ventured on cultivation much earlier than thofe on the
weft and eaft, and have made great progrefs in every
fpecies of rural economy. Turnips and cabbages for
the ufe of cattle cover many large tradls 5 and pota¬
toes appear in vaft fields. Much wheat is raifed in
tfco
KEN [ 438 ] KEN
the neighbourhood, part of which is~ fent up the frith
of Forth, and part into England. The fleeces here are
very fine. The wool is fent into Yorkfliire, to Lin¬
lithgow, or into Aberdeenfhire, for the flocking ma-
nufaflure 5 and fome is woven here into a cloth called
plains, and fold into England to be dreffed. Here is
alfo a confiderable manufacture of white leather, chiefly
to fupply the capital of Scotland. A fine flone bridge
of fix arches over the 1 weed near its confluence with
the Teviot, w as in 1798, carried away by a flood. It
has fince been rebuilt.
KEMPIS, Thomas, a pious and learned regular
canon, was born at the village of Kemp, in the diocefe
of Cologne, in 13805 and took his name from that vil¬
lage. Pie performed his lludies at Deventer, in the
community of poor fcholars eftabliflied by Gerard
Groot; and there made great progrefs in the fciences.
In 1399, he entered the monaftery of the regular ca¬
nons of Mount St Agnes, near Swol, of which his
brother was prior. Thomas a Kempis there dilfin-
guiflied himfelf by his eminent piety, his refpedt for
his fuperiors, his charity to his brother canons, and
his continual application to labour and prayer. He
uied in I47I> aged 90. The bell editions of his
works, which confifl of fermons, fpiritual treatifes,
and lives of holy men, are thofe of Paris in 1649,
and of Antwerp in 1607. The famous and w-ell known
book De Imitalione Chrijli, which has been tranflated
into almoft all the languages of the world, though it has
almoft always been numbered among the works of Tho¬
mas a Kempis, is alfo found printed under the name of
G erf on; and on the credit of fome MSS. has been fince
a fen bed to the abbot Gerfon of the order of St Be¬
nedict. This has occafioned a violent difpute be¬
tween the canons of St Auguftine and the Benedic¬
tines : but while devout Chriftians find fpiritual com¬
fort in the wrork, the name of the writer is of fmall
importance.
KEMPTEN, a free and imperial town of Germany,
in Low7er Suabia, and in Algow, and alfo in the ter¬
ritory of the abbot of Kempten, who is a prince of
the empire, and has a voice in the diet. The inhabi¬
tants are Proteflants; and it has been feveral times
taken, but has always recovered its liberty. It is
feated on the river Iller. E. Long. 10. 33. N. Lat.
47* 47-
Kempten, a territory in the circle of Suabia, in
Germany, between the bilhopric of Augfburg and the
barony of Walburg. It is about 17 miles long and
broad 5 and has no confiderable place but the towns of
Kempten and Kauffbeuren, which are imperial.
KEN, Thomas, an eminent Englith bilhop in the
•1 7th century, was bred at Winchefter fchool, whence
he went to Oxford 5 and in 1669 w'as made a prebend
of Winchefter. In 1675, the year of the Jubilee, he
travelled to Rome 5 and ufed to fay, Pie had reafon to
give God thanks for his travels, having returned more
confirmed of the purity of the reformed religion than
he was before. Pie was appointed by King Charles II.
to attend the lord Dartmouth at the demolifhing of
Tangier 5 and at his return was made chaplain to his
majefty, as he was fome time after to the princefs of
Orange, then refiding in Holland. In 1685, he was
confecrated biftiop of Bath and Wells. The month
following he attended King Charles II. at his death }
and gave clofe attendance at the royal bed for three
whole days and nights, watching proper intervals to
fuggeft pious and proper thoughts on that ferious oc-
cafion. In the following reign he zealouily oppofed
the progrefs of Popery 5 and in June 1688, he, with
five other biihops and the archbiftiop of Canterbury,
was committed prifoner to the Tower of London, for
fubferibing a petition to his majefty againft the decla-'
ration of indulgence. Upon the Revolution, however,
he refufed to take the oaths to King William and Queen
Mary, on wdiich account he wras deprived of his bi-
thopric. Her majefty Queen Anne beftowed on him
a yearly penfion of 2Col. to his death in 1710. He
publiflied feveral pious books. His charity was fa
great, that wdren he was bilhep of Bath and Wells, hav¬
ing received a fine of 4000I. he gave a great part of
it to the French Proteftants.
KENDAL, a towrn of Weftmorland, feated in a
valley among hills, on the weft fide of the river Can
or Ken, over which there are twm ftone bridges, and
one of wood which leads to the caftle now in ruins.
It is a large handfome place 5 and has two long ftneets,
which crofs each other. The inhabitants have driven
a trade with the cotton and woollen manufa&ory
throughout England ever fince the reign of Edw. III.
and particular lawrs were enabled for regulating Ken¬
dal cloths as early as Richard II. and Henry IV. It
is of note alfo for the manufadfory of cottons, drug¬
gets, ferges, hats, worfted and yarn ftockings, &c.
Queen Elizabeth incorporated it with aldermen and
burgeffes ; and King James I. with a mayor, recorder,
tow'n clerk, 12 aldermen, 24 burgefles or common
councilmen, and 2 attornies. There are 7 companies
here who have each their hall, viz. mercers, fheer-
men, cordwainers, glovers, tanners, taylors, and pew-
terers. Here is an elegant town hall lately repaired ;
and they enjoy a court of confidence granted by
George III. for debts under 40s. It has a large beau¬
tiful church, which (lands on the other fide of the
brook called Blindbech, out of the liberty of the
town 5 a large, neat, and handfome building, 180 feet
long and 99 broad, with 5 aides, each parted by
a row of 8 pillars, and a ftrong fquare fteeple. Near it
is Abbot’s hall, the refidence of the abbot wThen this
church belonged to an abbey di.fulved by Henry VIII.
In 1755, a new chapel was erefled in the middle of
the town, befides which there are 1 2 chapels of eafe
belonging to it. The Diflenters and Quakers have
meeting houfes. Here is a free grammar fchool well
endowed 5 and alfo a charity fchool for 10 boys and
16 girls, who are all clothed as well as taught. Eaft-
ward of the town, on the oppofite fide of the river, on
a hill, from whence is a fine profpecl, (land the ruins
of a caftle, wherein was born Catherine Parr (the fixth
wife of Henry VIII.). By the late inland navigation,
it has communication with the rivers Merfey, Dee,
Ribble, Oufe, Trent, Darwent, Severn, Humber,
Thames, Avon, &c. which navigation, including its
windings, extends above 500 miles in the counties of
Lincoln, Nottingham, York, Lancafter, Cheiler, Staf¬
ford, Warwick, Leiceller, Oxford, Worcefter, &c. Here
are kept the feflions of the peace for this part of the
county called the barony of Kendal 5 and there is a very
great market on Saturday, with all kinds of provifions
and woollen yarn, which the girls bring hither in large
bundles.-
KEN
Kennel, bundles. It has fairs on May 6, and November 8 j
    and between them a great beaft-market every fortnight.
The river here, which runs half through the town in a
ftony channel, abounds with trout and falmon j and on
the banks of it live the dyers and tanners.
KENNEL, a term ufed indifferently for a puddle,
a water courfe in the llreets, a houfe for a pack of
hounds, and the pack or cry of hounds themfelves.
Mr Beckford, in his Effay on Hunting, is very par¬
ticular in defcribing a kennel for hounds 5 and a ken¬
nel he thinks indifpenfably neceffary for keeping thofe
animals in proper health and order. “ It is true (fays
he) hounds may be kept in barns and ftables; but thofe
who keep them in fuch places can belt inform you
whether their hounds are capable of anfwering the pur-
pofes for which they are ddigned. The fenfe of fmell-
ing is fo exquifite in a hound, that I cannot but fup-
pofe that every ffench is hurtful to it. Cleanlinefs is
not only abfolutely neceffary to the nofe of the hound,
but alfo to the prefervation of his health. Dogs are
naturally cleanly ; and feldom, if they can help it,
dung where they lie. Air and frelh ftraw are neceffary
to keep them healthy. They are fubjedt to the mange 5
a diforder to which poverty and naftinefs will very
much contribute. The kennel Ihould be fituated on
an eminence 5 its front ought to be to the eaft, and
the courts round it ought to be wide and airy to admit
the funbeams at any time of the day. It is proper that
it fhould be neat without and clean within j and it is
proper to be near the mailer’s houfe, for obvious reafons.
It ought to be made large enough at firft, as any ad¬
dition to it afterwards may fpoil it in appearance at
kail.” Two kennels, however, in our author’s opi¬
nion, are abfolutely neceffary to the wellbeing of
hounds : “ When there is but one (fays he), it is fel¬
dom fweet j and when cleaned ou'-, the hounds, parti¬
cularly in winter, fuffer both while it is cleaning and
afterwards as long as it remains wet.”
When the feeder firft comes to the kennel in a morn-
ing, he Ihould let out the hounds into the outer
court; and in bad weather, ftiould open the door of
the hunting kennel (that in which the hounds defign-
ed to hunt next day are kept), left want of reft ftiould
incline them to go into it. The lodging room Ihould
tnen be cleaned out, the doors and windows of it
opened, the litter ftiaken up, and the kennel made
Iweet and clean before the hounds return to it again.—
The floor of each lodging room fhouid be bricked, and
floped on both fides to run to the centre, with a
N gutter left to carry off the water, that when they
are waflted they may foon be dry. If water fhould
remain through any fault in the floor, it muft be
carefully mopped up j for damps are always very pre¬
judicial.
T he kennel ought to have three doors *, two in the
front and one in the back ; the laft to have a lattice
window in it with a wooden Ihutter, which is conftant-
ly to be kept clofed when the hounds are in, except in
iummer, when it ihould be left open all the day.
At the back of Mr Beckford’s kennel is a houfe
lhatched and turzed up on the fides, big enough to
contain at leaft a load of ftraw. Here fhould be a pit
ready to receive the dung, and a gallows fur the flefh.
I he gallows Ihould have a thatched roof, and a circu¬
lar board at the polls to prevent vermine from climbing
[ 439 1
KEN
up. He advifes to enclofe a piece of ground adjoining
to the kennel for fuch dog horfes as may be brought
alive ; it being fometimes dangerous to turn them out'
wLere other horfes go, on account of the diforders wuth
which they may be infected. In fome kennels a Hove
is made ufe of; but where the feeder is a good one,
Mr Beckford thinks that a mop properly ufed will ren¬
der the ftove unneceffary. “ I have a little hay rick
(fays he) in the grafs yard, which I think is of ufe
to keep the hounds clean and fine in their coats. You
will frequently find them rubbing themfelves again!!
it. The fhade of it is alfo ufeful to them in fum-
mer. If ticks at any time be troublefome in your
kennel, let the walls of it be wrell wafhed j if that
fhould not deftroy them, the walls muft then be white
wafhed.”
Befides the diredtions already given concerning the
fituation of the kennel, our author recommends it to
have a ftream of water in its neighbourhood, or even
running through it if poffible. There fhould alfo be
moveable ftages on wheels lor the hounds to lie on.
The foil ought at all events to be dry.
To Kennel, a term applied by fox-hunters to a fox
when he lies in his hole.
KENNET, Dr White, a learned Englifh writer
and bifhop of Peterborough, in the 18th century, bred
at St Edmund hall, Oxford j where he foon diftinguiih--
ed himfelf by his vigorous application to his ftudies,
and by his tranilations of feveral books into Englifh,
and other pieces which he publilhed. In 1695 oui;'
author publifhed his Parochial Antiquities. A fermon
preached by him on the 30th of January 1703 at
Aldgate expofed him to.great clamour. It wras print¬
ed under the title of vl com[jalJionate inquiry into the
caufes of the civil war. In 1706, he publifhed his Cafe
of Impropriations, and two other tradls on the fame
fubjedl. In 1706, he publilhed the third volume of
The Complete Hiftory of England (the two former
volumes compiled by Mr Hughes). In 1709, he pub¬
lifhed A Vindication of the Church and Clergy of
England from fome late reproaches rudely and unjuftly
eaft upon them : and A true Anfwet to Dr Sacheve-
rel’s Sermon. When the great point in Dr Sache-
verel’s trial, the change of the miniilry, w>as gained, and
very ftrange addreffes were made upon it, there was to
be an artful addrefs from the bifticp and clergy of Lon¬
don, and they who would not fubferibe it. were to be
reprefented as enemies to the queen and the miniftry.
Dr Kennet fell under this imputation. He was expofed
to great ocfium as a low7 church man, cn account of
his conduct and writings. When he was dean of Pe¬
terborough, a very uncommon method w7as taken to
expofe him by Dr Walton, redtor of the church of.
Whitechapel:* for in the altar-piece of that church,
which w7as intended for a reprefentation of Chrift and
his 12 apoftles eating the paffover and laft fupper, Ju¬
das the traitor W’as drawn fitting in an elbow-chair,
dreffed in a black garment, with a great deal of the
air of Dr Kennet’s face. It was generally faid that
the original Iketch was for a bifhop under Dr Walton’s
difpleafure ; but- the painter being apprehenfive of an
action of Scandalum Magnatum, leave was given to drop
the bilhop, and make the dean. This giving general-
offence, upon tire complaint of others (for Dr Ken¬
net never faw it, or feemed to regard it), the bifhop
Kennefj
Kennet.
KEN [ 44c ] KEN
■Kcnr.et, of London ordered the pi&ure to be taken down. In
Ken^icon, lyi^, he prefented the Society for Propagating the
',r'~" Gofpel with a great number of books fuitable to their
deiign j publiihed his Bibliothecae Americaiue Primordia,
and founded an antiquarian and hiftorical library at
Peterborough. In 1715, he publilhed a fermon en¬
titled, The Witchcraft of the prefent Rebellion, and af¬
terwards feveral other pieces. In 1717 he was enga¬
ged in a difpute with D.r William Nicholfon, bilhop
of Carliile, relating to fome alterations in the bk.iop
of Bangor’s famous fermon 5 and dilliked the proceed¬
ings of the convocation againtf that bithop. Upon
the death of Ur Cumberland bilhop of Peterborough,
he was promoted to that fee, to which he w^as conie-
crated in 1718. He fat in it more than ten years,
and died in 1728. He w^as an excellent philologift, a
good preacher, whether in Englith or Latin, and well
verfed in the hiftories and antiquities of our nation.
Rennet, Bafil, a learned Englifh writer, and bro¬
ther to the preceding, was educated in Corpus Chrifti
college, in the univerfity of Oxford, where he became
fellow. In 1706, he went over chaplain to the Englilh
fadtory at Leghorn ; wBere he met with great op por¬
tion from the Papifts, and was in danger from the in-
•quifition. He died in the year 1714. He publifhed
Lives of the Greek poets; the Roman Antiquities;
a volume of Sermons preached at Leghorn : A tranf-
lation into Englifh of Puffendorf’s Treatife of the Law
of Nature and Nations. He was a man of moil ex¬
emplary integrity, generofity, piety, and modefty..
KENNICOTT, Dr Benjamin, well known in the
learned w’orld for his elaborate edition of the Hebrew
Bible and other valuable publications, was born at
Totnefs in Devonfliire in the year 1718. His father
was the parifh clerk of Totnefs, and once mailer of a
charity fchool in that town. At an early age young
Kennicott fucceeded to the fame employ in the fchool,
being recommended to it by his remarkable fobriety
and premature knowledge. It was in that fituation he
■wrote the verfes on the recovery of the honourable
Mrs Courtney from a dangerous illnefs, which recom
mended him to her notice, and that of many neigh¬
bouring gentlemen. They, with laudable generolity,
opened a fubfcription to fend him to Oxford. In judg¬
ing of this performance, they may be fuppofed to haye
confidered not fo much its intrinfic merit, as the cir-
cumftances under which it was produced. For though
it might claim juft praife as the fruit of youthful in-
duftry ftruggling with obfcurity and indigence, as a
poem it never rifes above mediocrity, and generally
links below it. But in whatever light thefe verfes w>ere
confidered, the publication of them was foon followed
by fuch contributions as procured for the author the
advantages of an academical education. In the year 1744
he entered at Wadham college j and it was not long
before he diftinguifhed. himfelf in that particular branch
of fludy in which he afterwards became fo eminent.
His twTo difiertations on the T ree of Life, and The
Oblations of Cain and Abel, came to a fecond edition
fo early as the year 1 747, and procured him the fin-
gular honour of bachelor’s degree conferred on him
gratis by the univerfity a .year before the ftatutable
time. The difiertations were gratefully dedicated to
thofe benefadlors whofe liberality had opened his way
to the univerfity, or whofe kindnefs had made it a
2
fcene not only of manly labour, but of honourable Kennicott*
friendPnip. With fuch merit, and fuch fupport, he " ^ '
wras a fuccefsful candidate for a fellowftiip of Exeter
college, and foon after his admiflion into that fociety,
he diftinguilhed himfelf by the publication of feveral
occafional fermons. In the year 1733 he laid the
foundation of that ftupendous monument of learned
induftry, at which the wile and the good wall gaze
with admiration, when prejudice, and envy, and in¬
gratitude (hall be dumb. This he did bytpublifhing
his firft differtation, On the State of the -printed He¬
brew text, in which he propofed to overthrow the
then prevailing notion of its ablolute integrity. Lhe
firft blow indeed, had been itruck long before, by
Capelins, in his Critica Sacra, publithed after his
death by his fon, in 1650—a blow which Buxtorf,
with all his abilities and dialedlical {kill, was unable to
wTard off. But Capellus having no opportunity of
eonfulting MSS. though his arguments were fupported
by the authority of the Samaritan Pentateuch, of pa¬
rallel pafiages, and of the ancient verfions, could ne¬
ver abfolutely prove his point. Indeed the general
opinion was that the Hebrew MSS. contained none,
or at leaft very few- and trifling variations from the
printed text : and with refpeft to the Samaritan Pen¬
tateuch very different opinions were entertained. Ihofe
who held the Hebrew verity, of courfe condemned the
Samaritan as corrupt in every place where it deviated
from the Hebrew': and thofe who believed the He¬
brew to be incorredl, did not think the Samaritan of
fufhcient authority to correft it. Befides the Samari¬
tan itfelf appeared to very great advantage •, lor no
Samaritan MSS. u'ere then known, and the Pentateuch
itfelf w!as condemned for thofe errors w'hich ought ra¬
ther to have been alcnbed to the incorredlnefs of the
editions. In this differtation, therefore Dr Kennicott,
proved that there were many Hebrew MSS. extant,
which, though they had hitherto been generally fup¬
pofed to agree with each other, and with the Hebrew
text, yet contained many and important various read¬
ings } and that from thofe various readings confider-
able authority w'as derived in fupport of the ancient
verfions. He announced the exiftence of fix Samari¬
tan MSS. in Oxford only, by which many errors in
the printed Samaritan might be removed ; and he at¬
tempted to prove, that even from the Samaritan, as it
was already printed, many pafiages in the Hebrew
might undoubtedly be corre&ed. T. his w’ork, as it
was reafonable to expedl, was examined wdth great fe-
verity both at home and abroad. In fome foreign uni-
verfities the belief of the Hebrew verity, on its being
attacked by Capellus, had been infifted on as an arti¬
cle of faith.— If a Capelli fententia adeo non approbate
fait fdei fociis, ut potius He/vetu theo/ogi, et fpeciatim
Genevenfes, anno 1678, peculiari canone caver in t, ne
quis in ditione fua minifler ecclefcc recipiatur, nifi fatea-
tur publics, textun, Hcbraum, ut hodie ejl in exemplari-
bus Maforeticis, quoad conforamcs et voca/es, divinum
et authenticum efje, (Wolfii Biblioth. Heb. tom. ii. p.
27.) And at home this dodlrine of the corrupt ftate
of the Hebrew text was oppofed by Comings and Bate,
two Hutchinfonians, with as much violence as if the
whole truth of revelation vrere at flake.
The next three or four years o'. Dr Kennicott’" life
were principally fpent in fearching out and examining
Hebrew
KEN [ 441 ] KEN
Kent. Hebrew maRufcrlpts, though he found leifure not only
\ " 1 ' to preach, but to publifli feveral occafional fermons.
About this time Dr Kennicott became one of the king’s
preachers at Whitehall; and in the year 1759 we find
him vicar of Culhamin Oxfordfliire. In January 1760
he published his fecond differtation on the Hate of the
Hebrew Text: in which, after vindicating the autho¬
rity and antiquity of the Samaritan Pentateuch, he dif-
armed the advocates for the Hebrew verity of one of
their molt fpecious arguments. They had obferved
that the Chaldee Paraphrale having been made from
Hebrew MSS. near the time of Chriit, its general
coincidence with the prefent Hebrew Text muft evince
the agreement of this laft with the MSS. from which
the paraphrafe was taken. Dr Kennicott demonftrated
the fallacy of this reafoning, by {bowing that the Chal¬
dee Paraphrafe had been frequently corrupted, in order
to reconcile it with the printed text; and thus the wea¬
pons of his antagonifts were fuccefsfully turned upon
themlelves. He appealed alfo to the writings of the
Jews themfelves on the fubjeft of the Hebrew Text,
and gave a compendious hiftory of it from the clofe of
the Hebrew canon down to the invention of printing,
together with a defcription of 103 Hebrew manufcripts
which he had difcovered in England, and an account
of many others preferved in various parts of Europe.
A collation of the Hebrew manufcripts was now loudly
called for by the moft learned and enlightened of the
friends of biblical criticifm j and in this fame year
(1760) Dr Kennicott emitted his propofals for collat¬
ing all the Hebrew manufcripts prior to the invention
of printing, that could be found in Great Britain and
Ireland, and for procuring at the fame time as many
collations of foreign manufcripts of note, as the time
and money he fiiould receive would permit. His firld
fubfcribers were the learned and pious Archbifhop
Seeker, and the delegates of the Oxford prefs, who,
with that liberality which has generally marked their
chara&er, gave him an annual fubfeription of 40I. In
the firft year the money received was about 500 gui¬
neas, in the next it arofe to 900, at w'hich fum it con¬
tinued ftationary till the tenth year, when it amounted
to xooo. During the progrefs of the work, the induf-
try of our author was rewarded by a canonry of Chrift
Church. He was alfo prefented, though we know not
cxaflly when, to the valuable living of Mynhenyote,
in Cornwall, on the nomination of the chapter of Exe¬
ter. In 1776 the firft volume was published, and in
1780 the whole was completed. If now we confider
that above 600 MSS. were collated, and that the whole
work occupied 20 years of Dr Kennicott’s life, it muft
be owned that facred criticifm is more indebted to him
than to any fcholar of any age. Within two years of
his death, he refigned his living in Cornwall, from
confcientious motives, on account of his not having a
profpedl of ever again being aide to viiit his parifh.
Although many good and confcientious men may juftly
think, in this cafe, that his orofeflional labours carried
on elfewhere might pronerly have entitled him to retain
this preferment, and may apnlv this reafoning in other
cafes 5 yet a conducf fo fignaily difinterefted deferves
certainly to be admired and celebrated. Dr Kennicott
died at Oxford, a :er a lingering illnefs, September 18.
*7^3 5 ar,d left a widow, who was lifter to the late Kd-
ward Chasnberlayne, Efq. of the treafury. At the
Vol. XI. Part II.
time of his death he was employed in printing Remarks Kent,
on Seledi Pafiages in the Old Teftament ) which were v*““
afterwards publithed, the volume having been comple¬
ted from his papers.
KENO. S~e Kino.
KENRICK, William, an author of confiderable
abilities, was the fon of a citizen of London, and
brought up, it is faid, to a mechanical employment.
This, however, he feems early to have abandoned ; and
to have devoted his talents to the cultivation of letters,
by which he fupported himfelf during the reft of a life
which might be faid to have paffed in a ftate of warfare,
as he was feldom rvithout an enemy to attack or to de¬
fend himfelf from. He was for fome time ftudent at
Leyden, w’here he acquired the title of J. U. D. Not
long after his return to England, he figured away as a
poet in Epiftles Philofophical and Moral, 1759, ad-
drelfed to Lorenzo •, an avowed defence of infidelity,
written whilft under confinement for debt, and with a
declaration that he was “ much lefs ambitious of the
charadfer of a poet than of a philofopher.” From this
period he became a writer by profeiTion j and the Pro¬
teus ftiapes under which he appeared, it would be a
fruitlefs attempt to trace. He^was for a confiderable
time a writer in the Monthly Review ; but quarrelling
with his principal, began a new review of his own.
When our great lexicographer’s edition of Shakefpeare
firft appeared in 1765, it was followed in a fortnight by
a pamphlet, entitled, “ A Review of Dr Johnfon’s new
Edition of Shakefpeare, in which the ignorance or in¬
attention of that editor is expofed, and the poet defend¬
ed from the perfecution of his commentators, 1765.”
This pamphlet wms followed by an Examination of it,
and that by a Defence in 17^66 •, in which year he pro¬
duced his pleafant comedy of FalftaT’s Wedding, at
firft intended to have been given to the public as an
original play of Shakefpeare retrieved from obfeurity,
and is, it muft be acknowledged, a happy imitation of
our great dramatic bard. With the celebrated Englifh
Rofcius Dr Kenrick was at one time on terms of the
ftrifteft intimacy : but took occafion to quarrel with
him in print, in a mode too unmanly to be mentioned.
In politics alfo he made himfelf not a little confpicu-
ous j particularly in the difpute between his friends
Wilkes and Horne. He was the original editor of The
Morning Chronicle j whence being oufted for negledt,
he fet up a new one in oppofition. He tranflated in
a very able manner the Emilius and the Eloifa of
Roufleau j the Elements of the Hiftory of England,
by Milot (to injure, if pofiible, a tranflation of the
fame work by Mrs Brooke) ; and produced feveral
dramatic performances, together with an infinite variety
of publications both original and tranfiated. To him
alfo the public are indebted for the colle&ion (imper-
fe6l as it is) of The Poetical Works of Robert Lloyd,
M. A. 1774, 2 vols 8vo. Dr Kenrick, died June 9.
1777-
K SNSINGTON, a village of Middlefex, on the
weftern road from London, near two miles trom Hyde-
Park Corner. It is extremely populous ; and beiides
the palace, now negle&ed, contains many genteel
houfes, and feveral boarding fchools. The palace,
which was the feat of the lord chancellor Finch, af¬
terwards earl of Nottingham, was purchafed by King
William } who greatly improved it, and caufed a royal
3 K road
K E N [ 442 j KEN
Kfxt. road to be made to It, through St James’s and Hyde
Parks, with lamp polls eredled at equal didances on
each lide. Queen Mary enlarged the gardens. Her
filler Queen Anne improved what Mary had begun ;
and was fo pleafeu with the place, that Ihe frequently
lapped during the lummer in the greenhoufe, which
is a very beautiful one : but Queen Caroline completed
the defign by extending the gardens from the great
road in Kenlington to A&ch ^ by bringing what is
called the Serpentine River into them 5 and by taking
in fome acres out of Hyde Park, on which Ihe caufed a
mount to be erettcd, with a chair on it that could be
eafily turned round for fhelter from the wind, fince
decayed. This mount is planted about with ever¬
greens, and commands a fine view over the noble gar¬
dens, and the counti-y fouth and welt. They were
originally defigned by Kent, and were afterwards
much improved by Brown; and though they contain
no ftriking beauties, which their flat fituation will not
admit, y t they have many plealing parts, and afford
much delight to the inhabitants of London, particu-
■ larly to thofe whofe profeflions will not allow of fre¬
quent excuriions to more diilant places. Thefe gar¬
dens, which are three miles and a half in compafs, ai-e
kept in great order. The palace indeed has none of
that grandeur which ought to appear in the refidence
of a Britiih monarch •, but the royal apartments are
noble, and fome of the pictures good. It was at this
place King William, Prince George of Denmark,
Queen Anne, and King George II. died. The old
church was pulled down in 1696, and a much better
one built in its room. Part of this village, from the
palace gate to the Bell, is in the parifh of St Marga¬
ret’s, Weftminfler.
KENT, one of the counties of England, fituated
at the fouth-eaft corner of the ifland, and from thence
enjoying many advantages. The capacious aeftuary of
the Thames wadies its northern parts, as the fea does
the fouth-eaft 5 whence fome with no great impro¬
priety have ilyled it a peninfula. In point of extent,
this is the fifth (hire in South Britain, little lefs in its
dimenfions than the province of Holland ; larger in
fize than the duchy of Juliers in Germany 5 and almoft
exaftly equal to that of Modena in Italy. Kent is,
with great appearance of truth, fuppofed to be fo
fix ed from the ancient Britiih word kant, fignifying a
corner, or, when applied to a country, a head-lcuid.
It is certain, that the Romans bellowed the name of
Cantium on the province, and on its moll conlpicuous
promontory the North Foreland ; and from the dillritl
they inhabited, the people were called Cantu ; which
has prevailed even to our times, when Kent, and the
the men of Kent, are the common appellatives. It is
how’ever probable, that thefe Cantii were not the ori¬
ginal inhabitants, but a later colony from the oppo-
fite continent, eftahlilhed here, like the Belgee, not
long before the Roman invafion. At the time of Cae-
far’s coming, this fpacious and fertile region was di¬
vided into four principalities, or, as they are, accord¬
ing to the manners of thofe days, commonly called,
was his obfervation of thefe people, that
S°ur ‘ty they were particularly dillinguilhed by their civility
and politenefs •, a character which their defcendants
have preitrved. When that wife people became ma¬
ilers of the fouthern parts of the ifland, this province
received the moll confpicuous marks of their attention, Kent,
as appears from the llations which they fo prudently "——v—
eilablilhed, while their government flourilhed in its
full vigour. The care they took of the ports on the
fea coall as foon as it came to be in danger, and the
feveral fortreffes wdiich they erebied for the defence of
their fubjecis againft the hidden attempts of barba¬
rous invaders, are evidences of the fame kind. Thefe
forts, fo prudently difpofed, and fo well fecured, w'ere
under the direblion of a particular great officer, called
Litions Saxonici Comes, i. e. the count of the Saxon
fhore j which office feems to have been preferved by
the Britiih monarchs who governed here, after the Ro¬
mans quitted the ifle. The Saxon kings of Kent dif-
charged this trull in their legal capacity, from the
middle of the fifth to the beginning of the ninth cen¬
tury. Under the northern princes, this poll vras again
revived, though with a change of title, in the Lord
Warden of the Cinque Ports. Indeed, under all govern¬
ments, the people of Kent have been efpecially confi-
dered ; as appeai-s from their claim to the poll of ho¬
nour in our land armies, and the privileges granted to
their havens, in confideration of their undertaking the
defence of our channel.
As to the climate of this county, it varies accord¬
ing to the fituation of places. In the low flat lands,
and efpecially in the marffies, the air is heavy, moiil,
and unhealthy ; and yet not to fuch a degree as it has
been fometimes reprefented $ for, with a little care and
caution, itrangers, as well as natives, quickly reconcile
their conftitutions to the temperature even of thefe
parts, and live in them without much inconveniency
er apparent danger. But, in reference to the reft of
the county, the air is as thin, pure, and vvholefome, as
in any part of Britain. . There is no region more hap¬
pily or more beautifully diverfified in regard to foil, fo
that every kind thereof is, fomewhere or other, to be
met within its bounds •, and in no (hire are any of
thefe foils more fertile than they are in this. The
Weald yields variety of fine timber, particularly of
chefnut j the middle part has very rich arable land,
annually bearing every fpecies of grain in immenle
plenty, and thefe excellent in their feveral forts. There
are alfo many beautiful orchards, which produce a va¬
riety of fine fruits, and more efpecially apples and cher¬
ries, which were introduced here from Flanders by
one Richard Harris, who was the king’s fruiterer, in
the reign of Henry VIII. The flat country is re¬
nowned for its meadows and Rumney marffi has
hardly its equal. We may from this concife defcrip-
tion very eafily collebl, that the natural produbls of
Kent are numerous, and of great value. In the
bowels of the earth they find, in feveral places, a rough
hard ferviceable ftone for paving, wuth turns to lome
advantage 5 but not fo much as their exquifite fullers
earth, rich marl, and fine chalk, which are there in
abundance. If wTe except iron ore, indeed they have
no mines 5 but there are prodigious heaps of copperas
ftones thrown on the coaft. The ifle of Sheppey, and
all the adjacent fhore as far as Reculver, is jultly fa¬
mous for its wheat. Thanet is in no lefs Credit for its
bailey, or rather w’as fo ; for now7 it produces, through
the painful induftry and fkilful hufbandry of its inha¬
bitants, copious crops of good wheat as well as bar¬
ley. Horfes, black cattle, and fheep, they have in great
numbers.
Kent.
Thihfnfi-
<Trarfa£i
n0 xlll
p. 1056—
1059.
KEN [ 44
numbers, and remarkable in point of fize *, and hop
grounds in all parts of the county, which turn to very
confiderable account. To which we may add weld,
or as fome call it dyers weed, which is a very pro¬
fitable commodity, and of which there grows much in
the neighbourhood of Canterbury j alfo madder, which
is, or has been, cccafionally cultivated. The rivers
and fea coalfs abound with filh of different kinds. 1 he
excellency of its oyfters on the eaftern fhores is cele¬
brated by the Roman poets. Thofe of Feverfham and
Milton are not only in great elleem at the London
market, but are likewife lent in great quantities to
Holland.
The many rich commodities produced in this coun¬
ty, is the reafon why moft of our writers have repre-
fented it as in a manner void of manufaftures *, which,
however, as appears upon a ftrift and impartial exa¬
mination, is very far from being the cafe. Of iron wTorks
there w7ere anciently many •, and there are ftill fome,
where kettles, bombs, bullets, cannon, and fuch like,
are made. At Deptford Sir Nicholas Crifpe had
in his lifetime a very famous copperas work ; as,
indeed, there that ingenious gentleman, one of the
greateft improvers and one of the moft public fpirited
perfons this nation ever bred, introduced feveral other
inventions. Copperas was alfo formerly made, toge¬
ther with brimftone, in the Me of Sheppey f. But the
original and for many ages the principal manufafture
of this county was broad cloth of different colours,
eftablilhed chiefly at Cranbrook by King Edward III.
who brought over Flemings to improve and perfeft
(the trade being introduced long before) his fubjedt
in that important art. At this and other places it
flouriflied fo much, that even at the clofe of Queen
Elizabeth’s reign, and according to fome accounts much
later, the beft for home confumption, and the largeft
quantities for exportation, were wrought here } many
fulling mills being eredled upon almoft every river,
and the greateft plenty of excellent fullers earth afford¬
ing them Angular afliftance ; infomuch that it is ftill
a tradition, that the yeomanry of this county, for
which it has been ever famous, wrere moftly the de-
fcendants of rich clothiers, who laid out the money ac¬
quired by their induftry in the purchafe of lands, which
they tranfmitted, with their free and independent fpi-
rit, to their pofterity. The duke of Alva’s perfecu-
tion of the Proteftants in the Low Countries drove a
multitude of Walloons over hither, who brought with
them that ingenuity and application for which they had
been always diftinguilhed. Thefe diligent and adlive
people fettled a manufadtory of flannel or baize at Sand-
ivich. By them the filk looms were fet up at Canter¬
bury, where they ftill fubfift 5 and they alfo introduced
the making of thread at Maidftone, where it yet re¬
mains, and merits more notice and encouragement than
hitherto it has met with.
Upon the river Dart, at the confluence of wffiich
with the Thames ftands the town of Dartford, was
fet up,, in the reign of Oueen Elizabeth, the firft mill
for making white paper by Mr John Spilman, a Ger¬
man, upon whom, long after, King James conferred
the honour of knighthood ; but King Charles more
fenffbly bellowed upon this Sir John Spilman a patent
and a penfion of 200I. a-year, as a reward of his in¬
vention, and for the fupport of the manufadfure. A-
German, eredf-Kentigern
li
Kentucky.
3 ] k E N
bout the year 1590, Godfrey Box, a
ed upon the fame river the firft flitting mill which was
ever ufed for making iron wire ; and ailo the firft bat- _
tery mill for making copper plates. Other new in¬
ventions, requiring the affillance of water, have been
fet up on ether Breams j and a great variety of ma¬
chines of this fort ftill fubfift in different parts of this
county. But thefe things are now fo common, that
it w'ould be both tedious and ufelefs to infill upon
them. Amongft thefe, we may reckon the making
gunpowder in feveral places. That manufadture, how¬
ever, which is now the glory of this county, and in¬
deed of Britain, is ftiip-building ; more efpecially at
the royal yards j as at Woolwich, which was fettled
by Henry VIII. and fome cor.fiderable flaps built
there. At prefent, there is not only a moft complete
eftablilhment for the building and equipping men of
w7ar, a rope walk, foundery, and magazines j but alfo
many private docks, in which prodigious bufinefs is car¬
ried on, and multitudes of people are employed. The
population of this county in 1801 was more than
307,000.
The Goodwin or Godwin Sands, of which the ac¬
count and the reference were omitted under the word,
are remarkable fand banks off the coaft of Kent, fitu-
ated between the North and South Foreland. As they
run parallel with the coaft for nine miles together,
about feven miles and a half from it, they give fecurity
to that extenfive coaft, the Downs; for while the land
{belters {hips with the wind from fouth-weft to north-
weft only, the force of the fea is broken by tbefe fands
when the wind is at eaft-fouth-eaft. The moft dan¬
gerous wind when blowing hard in the Downs, is the
fouth-fouth-weft. The fpace they occupy was formerly
a large tra6l of low ground, belonging to Godwyn
earl of Kent, father of Harold II.; and being afterwards
enjoyed by the monaftery of St Auguftine at Canter¬
bury, the whole traft was drowned by the abbot’s ne-
gledi to repair the wall which defended it from the fea.
This happened in the year iico. Many veffels have
been wrecked upon them. They lie eaft from the
Downs, four miles and a half from South Foreland.
KENTIGERN, St, or St Mungo, a famous faint
of the Popifh church, who flourifhed in Scotland in the
ftxth century, faid to have been of the royal blood of
both Scots and Pi61s, being the fon of Thametis, the
daughter of Loth king of the Pidts, by Eugene III.
king of Scotland. The bifhoprics of Glafgow and St
Afaph were founded by him in 560. He obtained the
appellation of Mungo from the affedlion of his tutor St
Serf or Servanus, bifliop of Orkney, who called him
Mongali, which in the Norwegian language, fignifies
dear friend.
KENTISH town, a village of Middlefex, three
miles north of London, near Hampftead, much impro¬
ved of late by feveral handfome houfes belonging to the
citizens of London, &c. A new chapel has lately
been erefled here.
KENTUCKY, a province of North America, be¬
longing at prefent to thejlate of Virginia, but prop- fed
foon to be admitted into the union as an independent
ftate. It is fituated between 36° 30' and 29° 30' north
latitude, and 8° and 150 weft longitude j being 250
miles in length, and 2CO in breadth. It is hounded
north-weft by the river Ohio 5 weft, by Cumberland
3 K 2 river j
ken [4
Kentucky river j fouth, by North Carolina ; eafl, by Sandy ri-
^ ver, and a line drawn due fouth from its fource till it
flrikes the northern boundary of North Carolina.
Kentucky was originally divided into two counties
Lincoln and Jefferfon. It has fince been fubdivided in¬
to feven, viz. Jefferfon, Fayette, Bourbon, Mercer,
Neifon, IVIaddifon, and Lincoln. Lexington is the
chief town.
Ihe river Ohio w^afnes the north-weftern fide of Ken¬
tucky, in its whole extent. Its principal branches
which water this fertile traft of country, are Sandy,
Licking,^ Kentucky, Salt, Green, and Cumberland
rivers. Thefe again branch, in various dire&ions, into
rivulets of diiferent magnitudes, fertilizing the country
in all its parts:—There are five noted fait fprings or
licks in this country, viz. the higher and lower Blue
Springs on Licking river, from fome of which, it is
faid, iffue dreams of brinilh water j the Big Bone lick,
Drennon’s licks, and Bullet’s lick at Saltiburg. The
lafi of thefe licks, though in low order, has fupplied
this county and Cumberland with fait at twenty fiiil-
lings the bulhel, Virginia currency j and fome is ex¬
ported to the Illinois country. The method of procur¬
ing water from thefe licks is by finking wells from 30
to 40 feet deep. T he -water drawn from thefe wells is
more ilrongly impregnated with fait than the water from
the fea.
This whole country, as far as has yet been difeover-
ed, lies upon a btd of limeftone, which in general is
about fix feet below the furface, except in the valleys,
where the foil is much thinner. A traft of about 20
miles wide along the banks of the Ohio is hilly broken
land, interfperfed with many fertile fpots. The reft of
the country is agreeably uneven, gently afeending and
defeending at no great diftan-ces. This country in ge¬
neral is ■well timbered $ and fuch is the variety and
beauty of the flowering ftirubs and plants which grow
fpontaneoufly in it, that in the proper feafon the wilder-
nefs appears in bloffom. The accounts of the fertility
of the foil in this country have in fome inftances ex¬
ceeded belief, and probably have been exaggerated.
That fome parts of Kentucky, particularly the high
grounds, are remarkably good, all accounts agree.
The lands of the firft rate are too rich for wheat, and
will produce 50 and 60, and in fome inftances it is af¬
firmed 100 bulhels of good corn an acre. In common
the land will produce 30 bulhels of wheat or rye an
acre. Barley, oats, cotton, flax, hemp, and vegeta¬
bles of all kinds common in this climate, yield abund¬
antly. The old Virginia planters fay, that if the cli¬
mate does not prove too moift, few foils known will
yield more and better tobacco. The climate is healthy
and delightful, fome few places in the neighbourhood
of ponds and low grounds excepted. The inhabitants
do not experience the extremes of heat and cold. Snow
feldom falls deep or lies long. The winter, which be¬
gins about Chriftmas, is never longer than three months,
and is commonly but two, and is fo mild as that cattk
can fuhfift without fodder.
It is impoflible to afeertain with any degree of accu¬
racy the prefent number of inhabitants, owing to the
numerous acceflions which are made almoft every
month. In 1783, in the county of Lincoln only, there
were on the militia rolls 3570 men, chiefly emigrants
from the lower parts of Virginia. In *784 the num-
4+ ] KEN
ber of inhabitants was reckoned at. upwards of ^0,000. Kentucky.
1 tom tile accounts of their aftonftmng increale fince -v'*1 111
\ve may now fafely eftimate them at 100,000. It is
afferted that at lead: 20,000 migrated here in the year
T!u-‘re PeoPlej collected from different ftates, of
different manners, cuftoms, religions, and political fenti-
ments, have not been long enough together to form a
uniform and diftlnguilhing charadler. Among the iet-
tlers there are many gentlemen of abilities, and many
genteel iamihes from teveral of the ftates, who give dig¬
nity and refpeftability to the fettlement. They are in
general more orderly perhaps than any people who have
fettled a new country.
As to ^religion, the Baptifts are the moft numerous
fea in Kentucky. In 1789 they had 16 churches
efiabiulhed, oefides feveral congregations where churches
were not conftituted. Thefe were fupplied with up¬
wards of 30 minifters or teachers. There are feveral
large congregations of Preibyterians, and fome few of
other denominations.
The legiflature of Virginia have made provifion for
a college in Kentucky, and have endowed it with very
confiderable landed funds. Schools are eftablifhed in
the feveral towns, and in general regularly and hand-
fomely fupported. They have a printing office, and
publifti a weekly gazette. They have ere&ed a paper-
miil, an oil-mill, fulling-mills, faw-mills, and a great
number of valuable grift-mills. J heir fait works are
more than fufficient to fupply all the inhabitants at a
low price. They make confiderable quantities of fugai
from the fugar trees. Labourers, particularly tradef-
men, are exceedingly wanted here.
The firft: white man who difeovered this province
was one James Macbride, in the year 1754. From
this period it remained unexplored till about the year
i76?, when one John Finley and fome others, trading
with the Indians, fortunately travelled over the fertile
region now called Kentucky, then but known to the
Indians by the name of the Dark and Bloody Grounds,
and fometimes the Middle Ground. This country
greatly engaged Mr Finley’s attention, and he commu¬
nicated his difeovery to Colonel Daniel Boon, and a
few more, who conceiving it to be an interefting objeeff,
agieed in the year 1769 to undertake a journey in or¬
der to explore it. After a long fatiguing march over a
mountainous wildernefs, in a weftward direction, they
as length arrived upon its borders 5 and from the top of
an eminence, with joy and wonder defened the beauti¬
ful landfcape of Kentucky. Here they encamped, and
fome went to hunt provifions, which were readily pro¬
cured, there being plenty of game, while Colonel Boon
and John Finley made a tour through the country,
which they found far exceeding their expectations ;
and returning to camp, informed their companions of
their difeoveries. But in fpite of this promifing be¬
ginning, this company meeting with nothing but hard-
ftnps and adverfity, grew exceedingly diiheartened,
and was plundered, difperfed, and killed by the In¬
dians, except Colonel Boon, who continued an inhabi¬
tant of the wildernefs until the year 1771, when he re¬
turned home.
Colonel Henderfon of North Carolina being in¬
formed of this country by Colonel Boon, he and fome
other gentleman held a treaty with the Cherokee In¬
dians at Wataga in March 1775, and then purchafed
from-
K E P [ 445 ] K E P
Kepler, from them the lands lying on the fouth fide of Kentucky
—v river for goods at valuable rates, to the amount of
6ocol. fpecie.
Soon after this purchafe, the Hate of Virginia took
the alarm, agreed to pay the money Colonel Donald-
fon had contracted for, and then difputed Colonel
Henderfon’s right of purchafe, as a piivate gentleman
of another ftate in behalf of himfelf. However, for
his eminent fervices to the country, and for having
been inftrumental in making fo valuable an acquilition
to Virginia, that ftate was pleafed to reward him with
a tract of land at the mouth of Green river, to the
amount of 200,000 acres; and the ftate of North Ca¬
rolina gave him the like quantity in Powel’s Valley.
This region was formerly claimed by various tribes of
Indians 5 whofe title, if they had any, originated in
fuch a manner as to render it doubtful which ought to
pofiefs it. Hence this fertile fpot became an objeft of
contention, a theatre of war, from which it was pro¬
perly denominated the Bloody Grounds. Their con¬
tentions not being likely to decide the right to any par¬
ticular tribe, as foon as Mr Henderfon and his friends
propofed to purchafe, the Indians agreed to fell ; and
notwithftanding the valuable confideration they receiv¬
ed, have continued ever lince troublefome neighbours
to the new fettlers.
The progrefs in improvements and cultivation which
has been made in this country, almoft exceeds belief.
Eleven years ago Kentucky lay in Joreft, almoft unin¬
habited but by wild beafts. Now, notwithftanding
the united oppolition of all the weftern Indians, {he
exhibits an extenfive fettlement, divided into {even
large and populous counties, in which are a number
of ftourifhing little towns, containing more inhabi¬
tants than are in Georgia, Delaware, or Rhode liland
ftates ; and nearly or quite as many as in New Hamp-
Ihire.
KEPLER, John, one of the moft eminent aftrono-
mers who have appeared in any age, was born at Wiel
on the 27th of December 1571. His father’s name
was Henry Kepler, an officer of diftintHon among the
troops of Wirtemberg, but reduced to poverty by nu¬
merous misfortunes. This expofed young Kepler to
many difficulties and interruptions while acquiring the
rudiments of his education j but fuch was his genius,
and fuch his avidity for knowdedge, that he furmounted
every difficulty, and his proficiency was aftoniffiing.
He ftudied at the univerlity of Tubingen, where he ob¬
tained the degree of bachelor in the year 1588, and
that of mafter of philofophy in 1591. In the year
1592 he applied himfelf to the ftudy of divinity j a id
the fermons he produced were fufficient indications that
he would have excelled as a preacher, had he continued
in the clerical profeffion. The mathematics, however,
became his favourite ftudy, for his knowledge of which
he acquired fuch diftinguifhed reputation, that he was in¬
vited to Gratz in Styria in the year 1 ^94, to fill the ma¬
thematical chair in the univerfity of that city. After
this period his chief attention wTas direffed to the ftudy
of aftronomy, and he made many interefting difcoveries
refpecfing the laws of planetary motions.
I wo years after his marriage with a ladv defcended
from a noble family, perlecution on account of his reli¬
gion compelled him to quit Gratz, to which he was af-
terwards recalled by the ftates of Styria. The calami¬
ties of war, however, induced him to look for a reft- Kepler.
dence where he might enjoy greater fafety and tranquil- ’   
lity. During this uncomfortable fituation of affairs, the
celebrated Tycho Brahe ftrongly urged him to fettle in
Bohemia as his aftiftant, where he himfelf had every ne-
ceffary requifite furniffied to him by the emperor Ro-
dolph, for the profecution of his aftronomical ftudies.
The numerous and urgent letters which Kepler receiv¬
ed upon this fubjeft, and folemn affurances that he
fhould be introduced to the emperor, at length prevail¬
ed with him to leave the univerfity, and fettle in Bohe¬
mia with his family in the year 1600. On his way to
that country he was feized with a quartan ague, which
afflifted him for feven or eight months, and rendered
him incapable of contributing that aid to Tycho which
he would otherwife have done. He was likewife dif-
pleafed with the conduft of this affronomer towards
him, and thought that he behaved in an unfriendly
manner, by neglefting to do a material fervice to his
family when he had it in his power. Kepler alfo confi
dered him as by far too referved, in not communicating
to him the whole of his difcoveries and improvements.
1 he death of Tycho happened in 1601 ; and thus the
intercourfe between thefe two eminent men being of fuch
Ihort duration, precluded Kepler either from being very
ferviceable to, or deriving much advantage from, the
inveftigations and refearches of the Danilh aftronomer.
Kepler, however, was introduced to the emperor by
Tycho, in conformity to his promife, and appointed
mathematician to his imperial majefty, with inftruflions
to complete the Rodolphine Tables wffiich that great
man had begun. Thefe were not publiffied till the
year 1627, owing to a variety of obftru&ions and diffi¬
culties which were thrown in his way. Two years af¬
ter the publication of this work, he went to Ratilhon,
by permiffion of the emperor, to claim payment of the
arrears of his penfion, where he was feized with a vio¬
lent fever, fuppofed to have been brought upon him by
too hard riding; and to this he fell a vidim in the
month of November 1630, in the 59th year of his
age.
The learned world is indebted to this fagacious and
able aftronomer and mathematician for the difcovery of
the true figure of the planetary orbits, and the propor¬
tions of the motions of the folar fyftem. Like the dif-
ciples of Pythagoras and Plato, Kepler w^as feized with
a peculiar paffion for finding analogies and harmonies in
nature ; and although this led him to the adoption of
very ftrange and ridiculous conceits, we {hall readily be
difpofed t© overlook thefe, when we refied that they
were the means of leading him to the moft interefting
difcoveries. He was for fome time fo charmed with the
whimfical notions contained in his Mysterium Cofmo-
graphicum, publifned in 1396, that he declared he
would not give up the honour of having invented what
was contained in that book for the electorate of Saxo- '
nv ;—fo eafy is it for the greateft of men to be deceived
by a darling hypothefis.
He was the firft who difcovered that aftronomers had
been invariably miftaken in always afcribing circular
orbits and uniform motions to the planets, fince each of
them move? in an elliplis, having one of its foci in the
fun ; and, after a variety of fruitlefs efforts, he, on the
15th of May 1618, made his fplendid difcovery “ that
the fquares of the periodic times of the planets were al¬
ways --
Kcrat opb
turn,
?Kerckrir.
K £ R [ 446 ] K E R
-ways in the fame proportion as the cubes of their mean
diflances from the fun.” As it was long a favourite
'opinion of Kepler’s, that there are only fix primary pla¬
nets, he feems to have been alarmed at the difcovery
made by Galileo, of four new planets, or fatellites of
jupiter, which gave a deathblow to the do&rines con¬
tained in his Mysterium Cofmograpfiicum. The fagacity
of this wonderful man, and his inceffant application to
the ftudy of the planetary motions, pointed out to him
fome of the genuine principles from which thefe motions
originate. He confidered gravity as a power that is
mutual between bodies j that the earth and moon tend
towards each other, and would meet in a point, fo many
times nearer to the earth than to the moon, as the
earth is greater than the moon, if their motions did not
prevent it. His opinion of the tides was, that they arife
from the gravitation of the waters towards the moon 5
but his notions of the laws of motion not being accu¬
rate, he could not turn his thoughts to the beft advan¬
tage. The prediflion he uttered at the end of his epi¬
tome of aftronomy, has been long fince verified by the
difcoveries of Sir Ifaac Newton, that the difcovery of
fuch things (the true laws of gravity) was referved for
the fucceeding age, when the Author of nature would
be pleafed to reveal thofe myfteries.
To this concife account of the celebrated Kepler, we
fliall now add a lift of his principal publications. My-
Jlerium Cofmographicum, already mentioned, 410 } Pa-
ralipomena ad Vitellionem, quibus Jljlronomia: Pars Op¬
tica traditur, 1604, 4to } De Stella Nova in Pede Ser-
pentarii, 1606, 410; NJlronomia Nova, feu Physica Ccc-
leJHs, tradita Commentariis de Motibus Stella Mortis, ex
Obfervationibus Tycorjis Brahei, 1609, folio ; Differta-
tionef cum Nuncio Sidereo Galilei, 1610 •, De Cometis,
Libri tres, 1611, 410 j Ephetnerides Nova, from 1617
to 16 20 \ Epitome Jlfronomia Copernicana, in two vo¬
lumes 8vo, the firft publifhed in 1618, and the fecond
in 1622 j Harmoniccs Mundi, lib. v. 1619, 4to $ Chi-
lias Logarithmorum in totidem numeros rotundas,
1624, 4to; Supplementum Clnliadis, &c. 1625, 4to ;
Tabula Podolphina, 1627, folio; De Jefu C/irifli Ser-
vatoris anno natalitio, &c. He was alfo the author of
feveral other pieces connefted with chronology, the
menfuration of folids, and trigonometry, with a treatife
on dioptrics, an excellent performance for the period
in which he flouriftred.
KER ATOPHYTUM, in Natural Hi/lory, a fpecies
of Gorgonia.—The keratophyta have been called the
frutices coralloides, or fea flirubs ; and are generally
known among naturalifts by the different appellations of
lithophyta, lithoxyla, and heratophyta.—See Gorgonia,
Helminthology Index.
KERCKRING, Theodore, a famous phyfician of
the 17th century, was born at Amfterdam, and acquired
a great reputation by his difcoveries and his works. He
found trut the fecret of foftening amber without depriv¬
ing it of its tranfparency ; and made ufe of it in cover-
ing*the bodies of curious infefts in order to preferve
them. He was a member of the Royal Society of Lon¬
don, and died in 1692 at Hamburgh, where he had
fpent the greateft part of his life, with the title of reji-
dcnt of the grand duke of Tufcany. His principal works
are, \. Spicilegium anatomicum. 2. Mnthropogenia ich-
nograpliia. There is alfo attributed to him an anatomi¬
cal wcik, printed in 1671 in folio.
I
KERI Cetib, are various readings in the Hebrew Ken
Bible : ken fignifies that which is read ; acd cetib that 11
which is written. For where any fuch various readings T
occur, the wrong reading is written in the text, and
that is called the cetib ; and the true reading is written
in the margin, with p under it, and called the keri. It
is generally faid by the Jewifh writers, that thefe cor-
retftions were introduced by Ezra ; but it is moft pro¬
bable, that they had their original from the miftakes of
the tranfcribers after the time of Ezra, and the obfer-
vations and corredlions of the Maforites. Thofe Keri
cetibs, which are in the facred books written by Ezra
himfelf, or which were taken into the canon after his
time, could not have been noticed by Ezra himfelf;
and this affords a prefumption, that the others are of
late date. Thofe words amount to about 1 coo ; and
Hr Kennicott, in his Differtatio Generalis, remarks,
that all of them, excepting 14, have been found in the
text of manufcripts.
KERMAN, the capital city of a province of that
name in Perfia, feated in E. Long. 36. 30. N. Lat. 30.0.
The province lies in the fouth part of Perfia, on the
Perfian gulf. The ftreep of this country, towards the
latter end of the fpring, Hied their wmol, and become
as naked as fucking pigs. The principal revenue of the
province confifts in thefe fleeces.
KERMES, in Zoology, the name of an infeft pro¬
duced in the excrefcences of a fpecies of the oak. See
Coccus.
Kermf.s Mineral, fo called from its colour, which
refembles that of vegetable kermes, is one of the anti-
monial preparations. See Chemistry and Materia
Medica Index.
KERN, or Kerne, a term in the ancient Irifti mili¬
tia, fignifying a foot foldicr. Camden tells us, the ar¬
mies of Ireland confifted of cavalry, called galloglaffes ;
and infantry, lightly armed, called kernes.—The kernes
bore fwords and darts ; to the laft were fitted cords, by
which they could recover them after they had been
launched out.
KerneSj in our laws, fignify idle perfons or vaga¬
bonds.
KERRY, a county of Ireland, in the province of
Munfter, anciently called Corrigia, or “ the rocky
country,” from Cerrig or Carrie, “ a rock.” It is
bounded by the Shannon which divides it from Clare
on the north, by Limerick and Cork on the eaft, by
another part of Cork on the fouth, and by the Atlantic
ocean on the weft. The beft towm in it is Dingle, fi-
tuated in a bay of the fame name. It comprehends a
great part of the territory formerly called Defmond, and
confifts of very different kinds of foil. The fouth parts
are plain and fertile, but the north full of high moun¬
tains, which though remarkably wnld, produce a great
number of natural curiofities. It contains 636,903 Irifti
plantation acres, 84 parilhes, 8 baronies, 3 boroughs;
returns 8 members to parliament, and gives title of earl
to the family-of Fitzmaurice. It is about 57 miles
long, 45 broad, and lies within N. Lat. 51.30. and
52. 24. j the longitude at the mouth of Kenmare river
being 10® 33' weft, or 42' 20// difference of time with
London. It is the fourth county as to extent in Ire¬
land, and the fecond in this province ; but in refpeft to
inhabitants and culture doth not equal many finaller
counties. In it there are two epiicopal fees, which
have
K E S [ 447 ] K E ' W
Kerfey have been annexed to the bifhopr c of Limerick fince
ii. ^ the year 1660, viz. Ardfert and Aghadoe. The fee
^ Kelwick. 0f Arcifert Vvas anciently called the diocefe of Kernj^
and its biihops were named bifhops of Kerry. Few
mountains in Ireland can vie with thofe in this county
for height ; during the greater part of the year their
fides are obfcured by fogs, and it mull be a very fe-
rene day when their tops appear. Iron ore is to be had
in great plenty in moll of the fouthern baronies. The
principal rivers are the Elackwater, Feal, Gala, and
Erick, Calhin, Mang, Lea, Flelk, Laun, Carrin, Far-
tin, Inry, and Roughty *, and the principal lake is
Killarney. There are fome good medicinal waters
difcovered in this county; particularly Killarney wa¬
ter, Iveragh Spa, Fellofwell, Dingle, Calllemain, and
Trallee Spas, as alfo a faline. fpring at Maherybeg.
Some rare and uieful plants grown in Kerry, of which
Dr Smith gives a particular account in his hillory of
that county.
KERSEY, a kind of coarfe woollen cloth, made
chiefly in Kent and Devonfhire.
KESITAH. This word is to be met with in Gene-
lis and in Job, and is tranllated in the Septuagint and
Vulgate “ fheep or lambs But the Rabbins and mo¬
dern interpreters are generally of opinion, that kelitah
frgnifies rather a piece of money. Eochart and Eugu-
binus are of opinion the Septuagint meant miner, and
not lambs •, in Greek hecatomnon, bcuro^vuv, inllead of
hcxTov ccy.vuv. Now a mina was worth 60 Hebrew fhe-
kels, and confequently 61. 16s. lo-id. Uerling, M. de
Pelletier of Rouen is of opinion, that kelitah was a
Perfian coin, ilamped on'one fide with an archer {Keji-
tah. or Kefeth, in Hebrew fignifying “ a bow”), and on
the other with a lamb j that this was a gold coin known
in the call by the name of a daric. Several learned
men, wuthout mentioning the value of the kefitah, fay
it was a filver coin, the impreflion whereof was a Iheep,
for which reafon the Septuagint and Vulgate tranflate
it by this name. Calmet is of opinion, that kefitah was
a purfe of gold or filver. In the eail they reckon at
prefent by purfes. Tire wrord hijla in Chaldee fignifies
“ a meafure, a veffel.” And Eullathius fays, that
kilta is a Perfian mealurc. Jonathan and the Targum
of Jerufalern tranllate kejitah “ a pearl.” (Gen. xxxiii.
/ 19. Jobxlii. 11.) Or 9I. Englilh, fuppoling, as Dr
Prideaux does, that a ihekel is worth 3s. A daric is
a piece of gold, worth, as Dr Prideaux fays, 2 cs. Eng¬
lilh.
KESSEL, a town of Upper Guelderland, in the
Netherlands, with a handfome caftle. It is the chief
town in the territory of the fame name, and feated on
the river Meufe, between Ruremond and Venlo, it be¬
ing about five miles from each. It was ceded to the
king of Prnflia by the treaty of Utrecht. E. Long.
6. I 3 N. Lat. 41. 22.
KESSELDORF, a village of Germany, in the cir¬
cle of Upper Saxony, three miles below Drefden, re¬
markable for the battle gained by the king of Pruflia
over the Saxons, on the 15th of December 1745.
KESTREL, the Englilh name of a hawk, called
alfo \\\? flannel and the windhover, and by authors the
tin nine ulus and chencris. It builds with us in hollow
oaks, and feeds on partridges and other birds. See
Faix.o, Ornithology Index.
KESWICK, a town of Cumberland, fituated on the
fide of a lake in a fruitful plain, almoll encompafied Ketch
with mountains, called the Derwent Fells. It was for- „ li
merly a town of good note, but now is much decayed. 
However, it is Hill noted for its mines and miners, who
have a convenient fmelting-houfe on the fide of the ri¬
ver Derwent, the Itream of which is fo managed as
to make it work the bellows, hammers, and forge, as
alfo to faw boards. There is a wmrkhoufe here for
employing the poor of this parith and that of Crofs-
thwait. W. Long. 3. o. N. Lat. 54. 30.
KETCH, a veffel equipped with twm malls, viz.
the main-mall and mizen-maft, and ufually from 100
to 250 tons burden.—Ketches are principally ufed as
yachts or as bomb veffels 5 the former of ivhich are
employed to convey princes of the blood, ambaffadors,
or other great perfonages, from one part to another j
and the latter are ufed to bombard citadels, towns,
or other fortreffes. The bomb ketches are therefore
furnilhed with all the apparatus neceffary for a vigor¬
ous bombardment ; they are built remarkably ftrong,
as being fitted with a greater number of riders than
any other veliel of war j and indeed this reinforce¬
ment is abfolutely neceffary to fuftain the violent (hock
produced by the difeharge of their mortars, which
would otherwife in a very Ihort time lhatter them to
pieces.
_ KETTLE, in the art of war, a term the Dutch
give to a battery of mortars, becaufe it is funk under
ground.
Kettle Drums, are formed of two large bafins of
copper or brafs, rounded at the bottom, and covered
over with vellum or goat Ikin, which is kept fall by a
circle of iron, and by feveral holes fattened to the
body of the drum, and a like number of ferews to ferew
up and down, and a key for the purpofe. The two
bafins are kept fafl together by twTo ft raps of leather
which go through two rings, and are faftened the
one before and the other behind the pommel of the
kettle drum’s faddle. They have each a banner of filk
or damalk, richly embroidered with the fovereign’s
arms or with thofe of the colonel, and are fringed with
filver or gold and, to preferve them in bad weather,
they have each a cover of leather. The drumfticks
are of crab-tree or of any other hard wood, of eight or
nine inches long, with two knobs on the ends, which
beat the drum-head and caufe the found. The kettle¬
drum with trumpets is the moft martial found of any.
Each regiment of horfe has a pair.
Kettle Drummer, a man on horfeback appointed to
beat the kettle drums, from which he takes his name.
He marches always at the head of the fquadron,
and his poll is on the right when the fquadron is
drawn up.
KEVELS, in Ship-building, a frame compofed of
twm pieces of timber, whofe lower ends reft in a fort
of Hep or foot, nailed to the fhip’s fide, from whence
the upper ends branch outward into arms or horns, fer-
ving to belay the great ropes by which the bottoms of
the main-fail and fore-fail are extended.
KEW, a village of Surry, in England, oppofite to
Old Brentford, 10 miles weft from London. Here is
a chapel of eafe eredled at the expence of feveral of the
nobility and gentry in the neighbourhood, on a piece
of ground that w’as given for that purpofe by the late
Queen Anne. Here the late Mr Molineaux, fecretary-
'• to-.
KEY [ 448 ] KEY
Key.
to the late king, when prince of Wales, had a fine feat
on the Green, which became the refidence of the late
prince and princefs of Wales, who greatly improved
both the houfe and gardens •, now occupied by his pre¬
fect maiefly, wdio has greatly enlarged the gardens,
and formed a junction with them and Richmond gar¬
dens. The gardens of Kew are rot very large, nor is
their fituation by any means advantageous, as it is low
and commands no profpedls. Originally the ground
was one continued dead flat 5 the foil was in general
barren, and without either wood or water. With fo
many difadvantages it was not eafy to produce any
thing even tolerable in gardening *, but princely muni¬
ficence, guided by a diredtor equally {killed in culti¬
vating the earth and in the politer arts, overcame all
difficulties. What w’as once a defert is now an Eden.
In 1758, an adt paffed for building a bridge acrofs the
Thames to Kew Green •, and a bridge was built of
eleven arches $ the two piers and their dependant arches
on each fide next the fhore, built of brick and flone ;
the intermediate arches entirely wood ; the centre
arch (;o feet wide, and the road over the bridge 30.—
But this bridge was taken down, and in its place a
very riegant one was eredted and completed about the
yea*. 1791.
KEXHOLM, that part of Finland which borders
upon Ruffia. The lake Ladoga crofies it, and divides
it nto two parts. By the treaty between Rufiia and
Sw eden in 1721, the Swedes were obliged to abandon
the beft part to the Ruffians The country in gene¬
ra: is full of lakes and marihes, thinly inhabited, and
badly cultivated. The lake above mentioned is x 20
miles in length, and full of firh.
Kexholm, or Care/gorod, a town^of Ruffia, in a
territory of the fame name, not very large, but well
fortified, and has a ftrong caflle. The houfes are
built wdth ■wood. It formerly belonged to the Ruf¬
fians, after which the Swedes had pofleffion of it for a
whole century •, but it wras retaken by the Ruffians in
1710. Near it is a confiderable falmon fiihery. It is
feated on two iflands on the north-weft fide of the lake
Ladoga, in E. Long. 30. 25. N. Lat. 61. 12. Near
it is another town called New Kexholm.
KEY, an inftrument for the opening of locks. See
Lock.
L. Molinus has a treatife of keys, De clavibtis vete-
rutn, printed at Upfal: he derives the Latin name cla-
viS) from the Greek xXs*&i claudu, “ I ffiut,” or from
the adverb clam “ privately and adds, that the ufe of
keys is yet unknown in fome parts of Sweden.
The invention of keys is owing to one Theodore of
Samos, according to Pliny and Polydore Virgil : but
this muft be a miftake, the ufe of keys having been
known before the fiege of Troy ; mention even feems
made of them in the 19th chapter of Genefis.
Molinus is of opinion, that keys at firft only ferved
for the untying certain knots, wherewith they anciently
lecured their doors : but the Laconic keys, he main¬
tains, were nearly akin in ufe to our own ; they confift-
ed of three fingle teeth, and made the figure of an E 5
of which form there are ftiil fome to be feen in the ca¬
binets of the curious.
There was another key called made in the
manner of a male ferew ; which had its correfponding
female in a bolt affixed to the door. Key is hence
3
become a general name for feveral things fervingto {hut Key
up or clofe others. See the article Lock. II. ,
Key, or Key-Jlone, of an Arch or Vault, is the laft 3
ftone placed a top thereof j which being wider and
fuller at the top than bottom, wedges, as it were, and
binds all -the reft. The key is different in the differ¬
ent orders : in the Tufcan and Doric it is a plain ftone
only projedling; in the Ionic it is cut and waved
fomewhat after the manner of confoles •, in the Corin-
thi sn and Compofite it is a confole enriched with fculp-
ture, foliages, &c.
Key is a'fo ufed for ecclefiaftical jurifdidlion ; par ¬
ticularly for the power of excommunicating and ab-
folving. The Romanifts fay, the pope has the power
of the keys, and can open and (hut paradife as he
pleafes •, grounding their opinion on that expreffion of
Jefus Chrift to Peter, “ I will give thee the keys of the
kingdom of heaven.” In St Gregory we read, that
it was the cuftom heretofore for the popes to fend a
golden key to princes, wherein they enclofed a little
of the filings of St Peter’s chains kept with a world of
devotion at Rome ■, and that thefe keys were worn in
the bofom, as being fuppofed to contain fome wonder¬
ful virtues.
Key is alfo ufed for an index or explanation of a ci¬
pher. See Cipher.
Keys of an Organ, Harpfchord, &c. thofe little pieces
in the fore part of thofe inftruments, by means whereof
the jacks play, fo as to ftrike the ftrings. Thefe are
in number 28 or 29. In large organs there are feveral
fets of the keys, fome to play the fecondary organ,
fome for the main body, fome for the trumpet, and
fome for the echoing trumpet, &.c. : in fome there are
but a part that play, and the reft are only for orna¬
ment. There are 20 flits in the large keys which make
half notes. See the article Organ, &c.
Key, in Mufic, a certain fundamental note or tone,
to which the whole piece, be it in cantata, fonata, con¬
certo, &c-. is accommodated, and with which it ufually
begins but always ends.
Key, or ^jjay, a long wharf, ufually built of ftone,
by the fide of a harbour or river, and having feveral
ftorehoufes for the convenience of lading and dif-
charging merchant ftiips* It is accordingly furniftied
with polls and rings, whereby they are fecured •, to¬
gether with cranes, capfterns, and other engines, to
lift the goods into or out of the veffeis which lie along-
fide.
The verb cajare, in old writers, according to Scali-
ger, fignifies to keep in or refrain ; and hence came
our term key or quay, the ground where they are made
being bound in with planks and polls.
Keys are alfo certain funken rocks lying near the
furface of the water, particularly in the Weft Indies.
KEYNSHAM, a town of Somerfetfhire, 116 miles
from London. It is a great thoroughfare in the lower
road between Bath and Briftol. They call it prover¬
bially fmoiy Keyn(ham, and with equal reafon they
might call foggy. It has a fine large church, a ftone
bridge of 15 arches over the Avon to Glouceilerlhire,
and another over the river Chew. Its chief trade is
malting. It has a charity fchool, a weekly market,
and three fairs.
KEYSER’s Pills, a celebrated mercurial medicine,
the method of preparing which was purchaled hy the
French
K I A
Kevfkr
Kiang-nan
French government, and was afterwards pub!idled by
M. Richard. It is the acetate of mercury. See Che-
_ mistry, and Materia Medica, Index.
KE\ SLER, John George, a learned German an¬
tiquarian, was born at Thournex in 16S9. After
ftudying at the univerfity of Halle, he was appointed
preceptor to Charles Maximilian and Chrilfian Charles,
the young counts of Giech Buchau ; with whom he
travelled through the chief cities of Germany, France,
and the Netherlands, gaining great reputation among
the learned as he went along, by illuifrating feveral
monuments of antiquity, particularly fome fragments
of Celtic idols lately difcovered in the cathedral of Pa¬
ris. Having acquitted himfelf of this charge with
great honour, he procured in 1716 the education of
two grandfons of Baron Bernftorff, firft miniiler of Hate
to his Britannic majefty as ele&or of Brunfwick Lu¬
nenburg. How’ever, obtaining leave in 1718 to vi-
fk England, he was elefted a fellow of the Royal So¬
ciety for a learned effay De Dea Nehelennia, numine ve-
terum Walachorum topico: he gave alfo an explanation
of the ancient monument on Salifbury plain called
Stonehenge, w-ith A DiiTertation on the Confecrated
Miiletoe of the Druids. Which detached eflays, with
others of the fame kind, he publilhed on his return to
Hanover, under the title of Antiquitates feleBce Septen-
trwnales et Celtic#, &c. He afterwards made the grand
tour with the young barons, and to this tour we owe
the publication of his travels ; wrhich were tranflated
into Engliih, and publilhed in 1756, in 4 vols. 410.
Mr Keyller on his return fpent the remainder of his
life tinder the patronage of his noble pupils, wdio com¬
mitted their fine library and mufeum to his care, with
a handfome income. He died in 1743.
KIAM, a great river of China, which takes its rife
near the w’eftern frontier, croffes the whole kingdom
eaifward, and falls into the bay or gulf of Nanking,
a little below that city.
KIANG-si, a province of China, bounded on the
north by that of Kiang-nan, on the welt by Hou-
quang, on the fouth by Quang-tong, and on the call by
Po-kien and Iche-kiang. The country is extremely
fertile ; but it is fo populous, that it can fcarcely fup-
ply wants of its inhabitants ; on this account they
are very economical ; which expofes them to the far-
cafms and raillery of the Chinefe of the other pro¬
vinces : however, they are people of great folidity and
acutenefs, and have the talent of riling rapidly to the
dignities of the date. Ihe mountains are covered
with limples 5 and contain in their bowels mines of
gold, filver, lead, iron, and tin the rice it produces is
very delicate, and feveral barks are loaded w-ith it
every year for the court. The porcelain made here is
the fined and mod valuable of the empire. This pro¬
vince contains 13 cities of the fird clafs, and 78 of
the fecond and third.
KiANG-Nan, a province of China, and one of the
moll fertile, commercial, and confequently one of the
nched in the empire. It is bounded on the wed by
the provinces of Ho-nan and Hou-quang •, on the fouth
by I che-kiang and Kiang-fi; and on the ead by the
gulf of Nan-king : the red borders on the province
of Chan-tong. The emperors long kept their court
in this province ; but reafons of date having obliged
-hem to move nearer to lartary, thev made choice of
Voe. XI. Pjirt II.
1 449 ]
K I D
Kidder-
minfter.
Pe-king for the place of their refidence. This pro- Ktburg
vince is of vad extent j it contains fourteen cities of the
fird clafs, and ninety-three of the fecond and third.
Thefe cities are very populous, and there is fcarcely
one of them which may not be called a place of trade.
Large barks can go to them from all parts j becaufe
the whole country is interfered by lakes, rivers, and
canals, which have a communication with the great
river Yang-tfe-kiang, which runs through the middle
of the province. Silk duds, lacquer ware, ink, paper,
and in general every thing that comes from Nanking,
as well as from the other cities of the province, are
much more edeemed, and fetch a higher price, than
thofe brought from the neighbouring provinces. In
the village of Chang-hai alone, and the villages depen¬
dent on it, there are reckoned to be more than 200,000
weavers of common cotton cloths. The manufa&uring
of thefe cloths gives employment to the greater part of
the women.—In feveral places on the fea coad there are
found many fait, pits, the fait of which is didributed
all over the empire. In Ihort, this province is fo abun¬
dant and opulent, that it brings every year into the
emperor’s treafury about 3 2,000,000 taels (or ounces
of filver), exclulive of the duties upon every thing
exported or imported. The people of this country
are civil and ingenious, and acquire the fciences with
great facility : hence many of them become emu at
in literature, and rife to offices of importance by their
abilities alone. This province is divided into two parts,
each of which has a didind: governor. The governor
of the eadern part reiides at Sou-tcheou-fou, that of
the wedern at Ngan-king-fou. Each of thefe govern¬
ors has under his jurifdibtion feven Jou or cities of the
fird clafs.
KIBURG, a town of the canton of Zurich in
Switzerland, with a cadle ; feated on the river Theoff,
in E. Long. 8. 50. N. Lat. 47. 20.
KID, in Zoology, the name by which young goats
are called. See Goat and Capra, Mammalia
Index.
KIDDER, Dr Richard, a learned Engliffi biffiop,
was born in Suffex, and bred at Cambridge. In 1689’
he was indalled dean of Peterborough; and in 1691
was nominated to the biffiopric of Bath and Wells, in
the room of Dr Ihomas Ken, who had been deprived
for not taking the oaths to King William and Queen
Mary. He puoliffied, 1. The young man’s duty.
2. A demondration of the Meffiah, 3 vols 8vo. 3. A
commentary on the five books of Mofes, 2 vols 8vo;
and feveral other pious and valuable tra&s. He was
killed with his lady in his bed by the fall of a Jack
o. chimneys, at his houfe in Wells, during the reat
dorm in 1703. The biffiop, in the differtation pre¬
fixed to his commentary on the five books of Moles
having reflected upon Monfieur Le Clerc, fome leru-rs
palled between them in Latin, which are publiffied 0y
Le Clerc in his Bibliotheque Choifie.
KIDDERMINSTER, or Kedderminster, a town
of Worcederffiire, feated under a hill on the river Stour
not far from the Severn, 1 28 miles from London. It
is a large town of 1180 houfes, with about 6000 in¬
habitants, who carry on an extenfive trade in weavin? m
Vjin10!!s branches. In 1735 a carpet manufactory was
eltab.ilhed with luccefs, fo as to employ in 1772 above
250 looms; and there are upwards of 700 looms em-
3 ^ ployed
KID [ 450 ] K I L
iKLidders
Kidnap¬
ping.
| Ettod. xxi
16.
ployed in the filk and worded. Above 1600 hands
are employed as fpinners, &c. in the carpet looms only
in the town and neighbourhood •, upwards of 1400 are
employed in preparing yarn, which is ufed in different
parts of England in carpeting •, and it is luppofed not
lefs than 2000 are employed in the fiik and worded
looms in the town and neighbourhood. The filk manu-
fafture was edablidied in 1755. The town is remark¬
ably healthy, and has alfo an extenlive manufacfure of
quilting in the loom in imitation of Marfeilles quilting.
Here is a Preihyterian meeting houfe ; and they have
a handfome church, two good free fchools, a charity
fchool, and twro alms houfes, &c. The town is go¬
verned by a bailiff, 12 capital burgeffes, 25 common
councilmen, &c. who have a town hall. It former¬
ly Cent members to parliament. By the late inland
navigation, it has communication by the jun&ion of
the Severn canal with the rivers Merfey, Dee, Kib¬
ble, Oufe, Trent, Darwent, Severn, Humber, Thames,
Avon, &c. which navigation, including its windings,
extends above 500 miles, in the counties of Lincoln,
Nottingham, York, Lancafter, Wedmorland, Chef-
ter, Stafford, Warwick, Lciceffer, Oxford, Worcef-
ter, &c. This pariffr extends to Bewrdley bridge, has
a weekly market, and three fairs.' W. Long. 2. 15.
N. Lat. 52. 28.
KIDDERS, thofe that badge or carry corn, dead
vibfuals, or other merchandife, up and down to fell :
every perfon being a common badger, bidder, lader,
or carrier, &c. fays the flat. 5. Eliz. cap. 12. And
they are called hiddiers, 13 Eliz. cap. 25.
KIDDLE, or Kidel, {Kidellus), a dam or wear in
a river with a narrow cut in it, for the laying of pots
or other engines to catch filh.
The wmrd is ancient ; for in Magna Charta, cap. 24.
wre read, 0nines hidelh deponantur per Thamejiam et Med-
weyarn, et per totam Sing ham, niji per cojleram marls.
And by King John’s charter, power wras granted to
the city of London, de hidelhs amovendis per Thamejiam
et Medvoeyam. A furvey was ordered to be made of
the wears, mills, ftanks, and kidells, in the great rivers
of England, 1. Hen. IV. Fifhermen of late corrupt¬
ly call thefe dams kettles ; and they are much uied in
Wales and on the fea coafts of Kent.
KIDD1NGTON, a town of Oxfordfhire, four
miles from Woodltock, and 12 from Oxford. It is
fituated on the Glym river, which divides the parilh in
two parts, viz. Over and Nether Kiddington, in the
latter of wdiich Hands the church. This parilh was
given by King Offa in 780 to Worcefter priory. Here
King Ethelred had a palace ; in the garden of the
manor houfe is an antique font brought from Edward
the Confeffor’s chapel at Blip, wherein he received
baptifm. In Hill wTood near this place is a Roman
encampment in extraordinary prefervation, but little
noticed.
KIDNAPPING, the forcible abduftion or Healing
away of man, woman, or child, from their own coun¬
try, and fending them into another. This crime was
capital' by the Jewilh law : “ He that Healeth a man
and felleth him, or if he be found in his hand, ihall
• furely be put to death f. So likewife in the civil law,
the offence of fpiriting away and Healing men and
children, which was called plagium, and the offenders
plagiarii, was punilhed with death. This is unquef-
tionably a very heinous crime, as it robs the king of
his fubjetffs, banilhes a man from his country, and may
in its confequence be productive of the moff cruel and
.difagreeable hardihips j and therefore the common law
of England has puniffied it with fine, imprifonment,
and pfflory. And alfo the ffatute 11 and 12 W. III.
c. 7. though principally intended againff pirates, has
a claufe that extends to prevent the‘leaving of fuch
perfons abroad as are thus kidnapped or fpirited away }
by enaCting, that if any captain of a merchant veffel
Ihall (during his being abroad) force any perfon on
ihore, or wilfully leave him behind, or reftife to bring
home all fuch men as he carried out, if able and defi-
rous to return, he ihall fuffer three months irnprifon-
ment.
KIDNEYS, in Anatomy. See Anatomy, N° ici.
KiDNEY-Bean. See Phaseolus, Botany Index.
KIEL, a city of Germany, in the duchy of Hol-
flein, in the circle of Lower Saxonv, and the reii-
dence cv the duke ol Holffein Gottorp. It has a caflle,
and a univerfity founded in 1665 ; and there is a very
celebrated fair held here. It is feated at the bottom
of a bay of the Baltic fsa called Killerwick, at the
mouth of the river Schwentin, in E. Long. 10. 17.
N. Lat. 54. 26.
KIGGELARIA, in Botany, a genus of plants be¬
longing to the dioecia clafs \ and in the natural method
ranking under the 37th order, Column ferce. See Bo¬
tany Index.
KIGHLEY, a town in the wefl riding of York-
ihire, fix miles to the fouth-eaH of Skipton in Craven.
It Hands in a valley furrounded with hills at the meet¬
ing of two brooks, w-hich fall into the river Are one
mile below7 it. Every family is fupplied with wrater
brought to or near their doors in Hone troughs from
a never-failing fpring on the weft fide of it. The pa-
rifii is fix miles long and two broad, and is 60 miles
from the eaff and wTefi feas \ yet at the wTeff end of it
near Camel Crofs is a rifing ground, from which the
fprings on the eaff fide oi it run to the eaff fea, and
thofe on the welt to the weft fea. By means of inland
navigation, this town has a communication with the ri¬
vers Merfey, Dee, Ribble, Oufe, Trent, Darwent, Se¬
vern, Humber, Thames, Avon, &c. which navigation,
including its windings, extends above 500 miles, in
the counties of Lincoln, Nottingham, Lancafter, Weft-
morland, Chefter, Stafford, Warwick, LeiceHer, Ox¬
ford, Worcefter, &c.
KILARNEY. See Killarney.
KILBEGGAN, a poft, fair, and borough town
of Ireland, in the county of Weftmeath and province
of Leinfter, 44 miles from Dublin. It formerly re¬
turned two members to parliament ; patronage in the
Lambert family. It is feated on the river Brofna, over
wfffich there is a bridge. There was here a monaftery
founded in 1200, and dedicated to the Virgin Mary,
and inhabited by monks from the Ciftertian abbey of
Melefont. The fairs are two.
KILDA, St, one of the Hebrides or Weftern iflands
of Scotland. It lies in the Atlantic ocean, about 58° 30'
north latitude 3 and is about three Englifti miles in
length from eaft to weft, and its breadth from fouth
to north not lefs than two. The ground of St Kilda,
like much the greateft part of that over all the High¬
lands, is much better calculated for pafture than til-
K I L [ 45i 1 K I L
Kilda. hf'C.—Retrained by idlenefs, a fault or vice much
more pardonable here than in any other pait of Great
Britain, or difcouraged by the form of government
under which they live, the people of the illand fludy
to rear up iheep, and to kill wild-fowl, much more
than to engage deeply in the more toilfome bufinefs
of hufhandry.— All the ground hitherto cultivated in
this illand lies round the village. The foil is thin, full
of gravel, and of confequence very {harp. This, though
naturally poor, is, however, rendered extremely fer¬
tile, by the fmgular induftry of very judicious huf-
bandmen : thefe prepare and manure every inch of
their ground, fo as to convert it into a kind of gar¬
den. All the inftruments of agriculture they ufe, or
indeed require, according to their fyftem, are a fpade,
a mall, and a rake or harrow. After turning up the
ground with a fpade, they rake or harrow it very care¬
fully, removing every fmall (lone, every noxious root
or growing weed that falls in their way, and pound
down every ftiif clod into dufl. It is certain that a
fmall number of acres well prepared in St Kilda, in
this manner, will yield more protit to the hutbandman
than a much greater number when roughly handled in
a hurry, as is the cafe in the other Weftern ifles. The
people of St Kilda fow and reap much earlier than any
of their neighbours on the weftern coaft of Scotland.
The heat of the fun, reflected from the hills and rocks
into a low valley facing the fouth-eaft, muft in the
fummer time be quite intenfe •, and however rainy the
climate is, the corn muft: for thefe reafons grow very
faft and ripen early.
The harveft is commonly over at this place before
the beginning of September : and Ihould it fall out
otherwife, the wdiole crop would be almoft deftroyed
by the equinoelial ftorms. All the iflanders on the
weftern coaft have great reafon to dread the fury of
autumnal tempefts: thefe, together with the exceflive
quantities ef rain they have generally throughout feven
or eight months of the year, are undoubtedly the
moft difadvantageous and unhappy circumftances of
their lives.
Barley and oats are the only forts of grain known
at St Kilda $ nor does it ieem calculated for any other.
Fifty bolls of the former, old Highland meafure, are
every year brought from thence to Harris ; and all the
Weftern iflands hardly produce any thing fo good of
the kind. Potatoes have been introduced among that
people only of late, and hitherto they have raifed but
fmall quantities of them. The only appearance of a
garden in this whole land, fo the natives call their
principal illand in their own language, is no more
than a very inconfiderable piece of ground, whiph is
enclofed and planted with fome cabbages. On the
eaft fide of the iiland, at a ihort diftance from the bay,
lies the village, where the whole body of this little peo¬
ple (the number amounting in 1764 to 88, and in
1799 to about 120) live together like the inhabi¬
tants of a town or city. It is certain that the inha¬
bitants were much more numerous formerly than at
prefent •, and the iiland, if under proper regulations,
might eafily fupport 300 fouls. Martin, w'ho vilited
it about the end of the laft century, found 180 per-
fons there; but about the year 1730, one of the peo¬
ple coming to the illand df Harris, was feized with
the fmallpox and died. Unluckily his clothes were
carried away by one of his relations next year ; and thus
was the infetlion communicated, which made fuch ha-
vock, that only four grown perfons were left alive. The
houfes are built in twTo rows, regular, and facing one
another *, with a tolerable caufewray in the middle, which
they call the Jh'eet. Thefe habitations are made and
contrived in a very uncommon manner. Every one ot
them is flat in the roof, or nearly fo, much like the
houfes of fome oriental nations. That from any one
of thefe the St Kildans have borrowed their manner
of building, no man of fenfe will entertain a fufpicion.
They have been taught this leffon by their own reafon,
improved by experience. The place in which their
lot has fallen is peculiarly' fubjecl to violent fqualls
and furious hurricanes: wrere their houfes raifed higher
than at prefent, they believe the firft: winter ftorm
weuld.bring them dowm about their ears. For this
reafon the precaution they take in giving them roofs
much flatter than ordinary feems to be not altogether
unneceffary. The w’alls of thefe habitations are made
of a rough gritty kind of ftones, huddled up together
in hafte, without either lime or mortar, from eight
to nine feet high. In the heart of the walls are the
beds, which are overlaid with flags, and large enough
to contain three perfons. In the fide of every bed is
an opening, by w7ay of door, which is much too nar¬
row* and low to anfvver that purpofe. All their dwell¬
ing houfes are divided into two apartments by parti¬
tion walls. In the divifion next the door, which is
much the largeft, they have their cattle ftalled during
the whole winter feafon ; the ether ferves for kitchen,
hall, and bedroom.
It will be readily expedled, that a race of men and
women bred in St Kilda muft: be a very ftovenly ge¬
neration, and every way inelegant. It is indeed im-
poftible to defend them from this imputation. Their
method of preparing a fort of manure, to them indeed
of vaft ufe, proves that they are very indelicate. Af¬
ter having burnt a confiderable quantity of dried turf,
they fpread the allies with the niceft care over the flooi
of that apartment in which they eat and deep. Thefe
athes, fo exactly laid out, they cover with a rich
friable fort of earth ; over this bed of earth they fcat-
ter a proportionable heap of that duft into which peats
are apt to crumble away : this done, they water, tread,
and beat the whole compoft into a hard floor, on which
they immediately make new fires very large, and ne¬
ver extinguifhed till they have a fufficient flock of new
allies on hand. The fame operations are repeated with
a never-failing punctuality, till they are juft ready to
fow their barley; by that time the walls of their
houfes are funk down, or, to fpeak more properly, the
floors rifen about four or five feet high.
To have room enough for accumulating heaps of
this compoft one above another, the ancient St Kil¬
dans had ingenuity enough to contrive their beds
within the linings of their walls; and it was for the
fame reafon they took care to raife thefe walls to a
height far from being common in the other Weftern
illands.
It is certain that cleanlinefs mull contribute greatly
to health, and of courfe longevity ; but in fpite of that
inftance of indelicacy now given, and many more which
might have been added, the people of this illand are
not more Ihort lived than other men. Their total want
3 L 2 of
•K-ildi.
K I L [ 4
^ of thofe articles of luxury, which have fo natural a ten¬
dency to deitroy the coniiitutlon of the human body,
and their moderate exercifes, will, together with foine
other circumftances, keep the balance of life equal
enough between them and thofe who are abfolute
Grangers to flovenlinefs.
Befides the dwelling houfes already defcribed, there
are a prodigious number of little cells difperfed over
all the illand ; which confirt entirely of ftones, without
any the fmallefl: help of timber. Thefe cells are from
12 to 18 feet in length, and a little more than feven
in height. Their breadth at the foundation is nearly
equal to the height. Every ftone hangs above that
immediately below, not perpendicularly, but inclines
forward, fo as to be nearer the oppofite fide of the
grotto, and thus by imperceptible degrees till the
two h’gheft courfes are near enough to be covered
by a fingle flag at the top. To hinder the rain from
falling down between the interftices above, the upper
part of the building is overlaid with turf which looks
like a fine green fward while new. The inhabitants
fecure their peats, eggs, and wild fowl, within thefe
fmall repofitories : every St Kildan has his (hare of
them, in proportion to the extent of land he pof-
fefles, or the rent he pays to the fieward. From the
conftru&ion of thefe cells, and the toil they muft have
coif before they could have been finifhed, it feems
plain, that thofe who put them together, were, if not
more ingenious than their neighbours in the adjacent
iflands, at leafl more indulfrious than their own fuc-
ceflbrs.
The St Kilda method of catching wild fowl is very
entertaining. The men are divided into fowling par¬
ties, each of which confiits generally of four perfons
diftinguifhed by their agility and fkill. Each party
muft have at leaft one rope about 30 fathoms long ;
this rope is made out of a ftrong raw cow hide, failed
for that very purpofe, and cut circularly into three
thongs all of equal length ■, thefe thongs being clofe-
ly tvyfled together, form a three-fold cord, able to
fuftain a great weight, and durable enough to laft for
about two generations: to prevent the injuries it would
othewife receive from the {harp edges of the rocks,
againff which they muft frequently ftrike, the cord is
lined with fheep {kins, dreffed in much the fame man¬
ner.
This rope is a piece of furniture indifpenfably ne-
ceffary, and the moft valuable implement a man of
fubifance can be pofiefled of in St Kilda. In the tef-
tament of a father, it makes the very firft: article in
favour of his eldeft fon : iliould it happen to fall to a
daughter’s {hare, in default of male heirs, it is reckon¬
ed equal in value to the beft two cows in the ifland.
By the help of fuch ropes, the people of the great-
eft; prowefs and experience here traverfe and examine
rocks prodigioufty high. Linked together in couples,
each having either end of the cord faftened about his
waift, they go frequently through the moft. dreadful
precipices: when one of the two defcends, his col¬
league plants himfelf on a ftrong Ihelf, and takes care
to have fuch fure footing there, that if his fellow’ ad¬
venturer makes a falfe ftep, and tumbles over, he may
be able to fave him.
The following anecdote of a fteward of St Kilda’s
deputy will give the reader a fpecimen of the dangers
52] K I L
they undergo, and at the fame time of the uncom¬
mon ftrength of the St Rildans. This man, obferving
his colleague lofe his hold, and tumbling down from
above, placed himfelf fo firmly upon the ftielf where
he ilcod, that he fuftained the weight of his friend,
after falling the whole length of the rope. Undoubt¬
edly thefe are ftupendous adventures, and equal to any
thing in the feats of chivalry. Mr Macaulay gives an
inftance of the dexterity of the inhabitants of St Kil¬
da in catching wild fowl, to which he was an eye wit-
nefs. Two noted heroes were drawn out from among
all the. ableft men of the community : one of them
fixed himielf on a craggy fhelf; his companion wrent
down 60 fathoms below him ; and after having darted
himfelf away from the face of a moft alarming preci¬
pice hanging over the ocean, he began to play his
gambols 5 he fung merrily, and laughed very heartily :
after having performed Several antic tricks, and given
all the entertainment his art could afford, he returned
m. triumph, and full of his own merit, with a large
ftring of fowls about his neck, and a number of eggs
m his bofom. . This method of fowling refembles that
of the Norwegians, as defcribed by Bilhop Pontoppidan.
KILDARE, a town of Ireland, and capital of a
county of the fame name, is fituated 28 miles fouth-
■weft of Dublin. It is governed by a fovereign, record¬
er, and two portrieves. The church of Kildare was
very early ereaed into a cathedral with epifcopal jurif-
diaion, which dignity it retains to this day; the cathe¬
dral, however, has been for feveral years negleded, and
at prefent is almoft in ruins. St Brigid founded a nun¬
nery at Kildare, which afterwards came into the poftef-
fion of the regular canons of St Auguftin j this faint
died 1 ft February 523, and was interred here ; but her
remains were afterwards removed to the cathedral
church of Down. In the year 638, AW Dub/i or
B/aci Hugh king of Leinfter abdicated his throne, and
took on him the Auguftinian habit in this abbey $ lie
w’as afterwards chofen abbot and biftiop of Kildare, and
died on the 10th May. In 756, Eiglitigin the abbot,
who was alfo biftiop of Kildare, was killed by a prielt
as he was celebrating mafs at the altar of St Brigid j
fince which time no prieft whatfoever was allowed to
celebrate mafs in that church in the prefence of a biftiop.
In 1220 Henry de Loundres archbilhop of Dublin put
out the fire called inextinguijhab/e, which had been pre¬
ferred from a very early time by the nuns of St Brigid.
This fire was however lighted, and continued to burn
till the total fuppreflion of monafteries. Here was alfo
a Gray abbey on the fouth fide of the town, erefled for
friars of the Francifcan order, or, as they were more
generally called, Gray friars, in the year 1 260, by
Lord William de Vefey ; but the building was com¬
pleted by Gerald Fitzmaurice, Lord Offaley. A con-
fiderable part ©f this building yet remains, which ap¬
pears not to have been of very great extent. A houfe
for White friars was likewife founded in this town by
William de Vefey in 1 290 j the round tower here is
130 feet high, built of white granite to about 12 feet
above the giound, and the reft of common blue
ftone. The pedeftal of an old crofs is ftill to be feen
here ; and the upper part of a crofs lies near it on the
ground.
Kildare, a county of Ireland, in the province o£
Leinfier, which is 37 miles in length and 20 in
breadth j
*
K I L
[ 453 ]
K I L
KiV.erkin, breadth ; and is bounded on the eaft by Dublin and
Kilkenny. Wicklow, on the weft by King’s and Queen’s counties,
1" " on the north by Eaft Meath, and on the fouth by Car-
low. It is a fine arable country, well watered by
the Barrow, Liffey, and other rivers, and well inhabit¬
ed and cultivated, containing 228,590 Irifh plantation
acres, 100 parifhes, 10 baronies, and 4 boroughs. The
chief town is of the fame name, and gave title of earl
to the noble family of Fitzgerald. It was anciently
called Chilledair, i. e. “ the wood of oaks,” from a
large foreft which comprehended the middle part of
this county ; in the centre of this wood was a large
plain, facred to heathen fuperftition, and at prefent
called the Curragh of Kildare; at the extremity of
this plain, about the commencement of the 6th cen¬
tury, St Brigid, one of the heathen veftals, on her
converfion to the Chriftian faith, founded, with the af-
fiftance of St Conlaeth, a church and monaftery ; near
which, after the manner of the Pagans, St Brigid kept
the facred fire in a cell, the ruins of which are ftill
vifible.
KILDERKIN, a liquid meafure, containing two
firkins.
KILKENNY, a county of Ireland, in the province
of Leinfler, bounded on the fouth by the county of
Waterford, on the north by the Queen’s county, on
the weft by the county of Tipperary, on the eaft by
the counties of Wexford and Carlow, and on the north-
weft by Upper Offory. The greateft length of this
county from north to fouth is 38 miles, the breadth
from eaft to weft 18 5 and it contains 10 baronies. It
is one of the moft healthful, pleafant, and populous
counties of Ireland. It contains 287,650 Irifti plan¬
tation acres, 96 parifhes, 9 baronies, and 7 boroughs.
Gilbert Clare, earl of Gloucefter and Hereford, mar¬
rying Ifabella, one of the daughters nnd co-heireflfes of
William earl Marfhal, received as her dower the county
of Kilkenny.
Kilkenny, the capital of a county of the fame
name in Ireland, ntuated in the province of Leinfter,
57 miles fouth-weft of Dublin. It takes its name
from the cell or church of Canic, who was an eminent
hermit in this country j and is one of the moft elegant
cities in the kingdom. It is the feat of the bifhop of
Olfory, which was tranflated from Agabo in Oflbry,
about the end of Henry II’s reign, by Bifhop O’Dul-
lany. The city is pleafantly fituated on the Neor, a
navigable river that difcharges itfelf into the harbour
of Waterford. It is faid of Kilkenny, that its air is
without fog, its water without mud, its fire without
fmoke, and its ftreets paved with marble. The two
latter are indeed matter of fafr *, for they have in
the neighbourhood, a kind of coal that burns from
firft to laft without fmoke, and pretty much refembles
the Welfh coal. Moft of the ftreets alfo are paved
with a ftone called blade marble; of which there are
large quarries near the town. This ftone takes a
fine polifh, and is beautifully intermixed with white
granite. The air too is good and healthy, though
not remarkably clearer than in many other parts of
the kingdom. The city is governed by a mayor, re^
corder, aldermen, and fheriffs. It comprifes two towns,
viz. Kilkenny fo called, and Infh town, each of which
formerly lent tw'o members to parliament, and both
together are computed to contain about 2D,OOO inhabi- Kilkenny,
tants. This city was once of great confequence,
may be feen by the venerable ruins yet remaining cf
churches, monafteries, and abbeys, which even now
in their dilapidated ftate exhibit fuch fpecunens ox ex-
quifite tafte in architecture as may vie with any mo¬
dern improvements j and the remains of its gates,
towers, and walls, fhow it to have been a place of great
ftrength. Here too at different times parliaments
were held, in which fome remarkable ftatutes were
paffed. It has twro churches, and feveral Catholic
chapels ; barracks for a trbop of horfe and four com¬
panies of foot: a market is held twice in the wreek,
and there are fever fairs in the year.—Irifh town is
more properly called the borough of St Canice, vulgar¬
ly Kenmj ; the patronage of which is in the bifhop of
Offory. The cathedral, wdiich ftands- in a fequeftered
fituation, is a venerable Gothic pile built about 500 years
ago 5 and clofe to it is one of thofe remarkable round
towrers which have fo much engaged the attention of
travellers. The bilhop’s palace is a handfome building,
and communicates by a covered paffage with the churchy
The caftle was firft built in 1195, on the fite of one
deftroyed by the Irifh in 1173. fituation in a
military view wTas moft eligible : the ground w^as ori¬
ginally a conoid, the elliptical fide abrupt and precipi¬
tous, wdth the river running rapidly at its bafe : here
the natural rampart wras faced with a wall of folid ma-
fonry 40 feet high ; the other parts were defended by
baftions, curtains, towers, and outworks; and on the
fummit the caftle wTas erebled. This place, as it now
ftands, was built by the anceftors of the dukes of Or¬
mond : here the Ormond family refided ; and it is now
in the poffeflion of Mr Butler, a defcendant of that
illuftrious race. The college originally founded by the
Ormond family is rebuilt in a ftyle of elegance and
convenience. The tholfel and market houfe are both
good buildings : and over the latter is a fuite of rooms,
in which during the winter and at races and affizes
times, affemblies are held. There are two very fine
bridges of cut marble over the Neor ; John’s bridge
particularly is light and elegant. The Ormond family
built and endowed a free fehool in this city. Here are
the ruins of three old monafteries, called St John's,
St Francis's, and the Black abbey: belonging to the
latter are the remains of feveral old monuments, al-
moft buried in the ruins ; and the courts of the others
are converted into barracks. The manufaflures chiefly
carried on here are, coarfe woollen cloths, blankets of
extraordinary *fine quality, and confiderable quantities
of ftarch. In the neighbourhood alfo are made very
beautiful chimney-pieces of that fpecies of ftone al¬
ready mentioned, called Kilkenny marble: they are cut
and polifhed by the power of water, a mill for that pur-
pofe being invented by a Mr Colles. The Kilkenny coal
pits are within nine miles of the town. This city came
by marriage into the ancient family of Le Defpencer.
It was incorporated by charter from King James I. in
1609. The market crofs of Kilkenny continued an
ornament to the city until 1771, when it was taken-
down 5 the date on it was MCCC. Sir James Ware
mentions Bifliop Cantwell’s rebuilding the great bridge
of Kilkenny, thrown down by an inundation about
the year 1447. It appears alfo that St John’s bridge
fell;
K I L [ 45+ ] K I L
fell down by a great flood in 1564 and cn 2d Octo¬
ber 1763, by another like circurnilance, Green’s bridge
near the cathedral fell.—The borough of St Canlce,
or Irifh town, always enjoyed very ancient preferiptive
rights. A clofe roll of 3 Edward III. A. D. 1376,
forbids the magiilrates of Kilkenny to obftrufl the fale
of victuals in the market of Irilh town, or within the
oofs, under the pretence of cuihora for murage :
and left the ample grants made to Kilkenny might be
interpreted fo as to include Irifh town, the corporation
of the latter fecured their ancient rights by lettrrs-
patent, 15 Edward IV. r\. D. 1474. Thefe renew
their former privileges, and appoint a portrieve to be
chofen every 2 1 ft September, and fworn into office on
the 1 ith October. The portrieve’s prifon was at
Troy-gate. Whenever the mayor of Kilkenny came
within Water-gate, he dropt down the point of the
city fword, to (how he claimed no pre-eminence within
the borough.
KILLALOE, a bifhop’s fee in the county of
Clare and province of Munfler, in Ireland, 86 miles
from Dublin, otherwife Lounia. It was anciently
written Kiltda-Lua, i. e. “ the church of Lua,” from
Lua, or Mo/ua, who about the beginning of the 6th
century founded an abbey near this place. St Molua
appears to have derived his name from Locmia, the
place of his relldence, as was cuftomary amongft the
ancient Irilh. On the death of St Molua, St Flannan
his difciple, and fon of the chief of the diftricl, was
confecrated bilhop of this place at Rome about the
year 639, and the church endowed with confiderable
eftates by his father Theodorick. Towards the clofe
of the 12th century, the ancient fee of Rofcrea was
united to that of Killaloe •, from which period thefe
united bilhoprics have been, governed by the fame bi~
Ihops. At Killaloe is a bridge over the Shannon of
17 arches ; and here is a conliderable falmon and eel
filhery. There are many ancient buildings in and
about this town. The cathedral is a Gothic edifice in
form of a crofs, with the fteeple in the centre, fup-
ported by four arches ■, it was built by Donald king of
Limerick in 1160. There is a building near it, once
the oratory of St Molua j and there is another of the
fame kind in an illand on the Shannon, having marks
of ftill higher antiquity. The fee houfe of the bilhop
is at Clarisford, near to Killaloe. Adjoining to the
cathedral are yet fome remains of the maufoleum of
Brien Boru.
KILLARNEY, a poll town of Ireland in the
county of Kerry and province of Munfter, feated near
a fine lake called Lough Lean, or lake of Killarney. It
is diftant 143 miles from Dublin, and has twro fairs.
Within a mile and a half of this place are the ruins
of the cathedral of Aghadoe, an ancient bilhoprick
united to Ardfert; and within four miles the rums of
Aglilh church. At this town is the feat and gardens
of Lord Kenmore.
The beautiful lake of Killarney is divided properly
into three parts, called the lower, middle, and upper
lake. The northern or lower lake is fix miles in length
and from three to four in breadth, and the town is li-
tuated on its northern Ihore. The country on this and
the eaftern boundary is rather of a tame chant£ler •, but
is here and there diverfified with gentle fwells, many
of which afford delightful profpeds of the lake, the
2
ifiands, and furrounding feenery. The fouthern ftiorc Killarney.
is ccmpoied of immenfe mountains, riling abruptly v~ '
from the water, and covered with woods of the fineft
timber. From the centre of the lake the view of this
range is aftonilhingly fublime, prefenting to the eye an
extent of foreft fix miles in length, and from half a
mile to a mile and a half in breadth, hanging in a robe
of rich luxuriance on the lides of two mountains,
whole bare tops riling above the whole form a per¬
fect contrail to the verdure of the lower region. On
the fide of one of thefe mountains is O’Sullivan’s caf-
cade, which fails into the lake with a roar that ftrikes
the timid with awe on approaching it. The view of
this iheet of water is uncommonly fine, appearing as if
it w'ere defeending from an arch of wood, which over ¬
hangs it about 70 feet in height from the point of
view. Coafting along this Ihore affords an alniolt snd-
Ie!s entertainment, every change of polition prefenting
a new Icene •, and rocks hollowed and worn into a va¬
riety of forms by the weaves, and the trees and Ihrubs
burfting from the pores of the faplefs Hone, forced to
affume the molt uncouth lhapes to adapt themfelves to
their fantaftic fituations. The ifiands are not fo nu¬
merous in this as in the upper lake ; but there is one
of uncommon beauty, viz. Innisfallen, nearly oppofite
to O’Sullivan’s cafcade : It contains x 8 Irilh acres.
The coart is formed into a variety of bays and promon¬
tories, Ikirted and crowned with arbutus, holly, and
other Ihrubs and trees; the interior parts are diverlified
with hills, and dales, and gentle declivities, on which
every tree and Ihrub appears to advantage : the foil is
rich even to exuberance j and trees of the large!! fize
incline acrofs the vales, forming natural arches, with
ivy entwining in the branches, and hanging in feftoons
of foliage. The promontory of Mucrufs, which di¬
vides the upper from the lower lake, is a perfect land
of enchantment ; there is a road carried through the
centre of the promontory, which unfolds all the inte¬
rior beauties of the place. Amongft the diftant moun¬
tains, Turk appears an objeft of magnificence ; and
Mangerton’s loftier, though lefs interefting fummit,
rears itfelf above the whole. The paffage to the up¬
per lake is round the extremity of Mucrufs, which con¬
fines it on one fide, and the approaching mountains on^
the other. Here is the celebrated rock called the ea¬
gle's nejl, which produces wmnderful echoes. A French
horn founded here, raifes a concert fuperior to xoo in-
ftruments ; and the report of a lingle cannon is anfwer-
ed by a fucceffion of peals refembling the loudeft thun¬
der, wffiich feems to travel the furrounding feenery,
and die away among the diftant mountains. The up¬
per lake is four miles in length, and from two to three
in breadth •, and is almoft furrounded by mountains, from
which defeend a number of beautiful cafades. The
illands in this lake are numerous, and afford an ama¬
zing variety of picturefque view's.— I he centre lake,
which comnumicates with the upper, is but fmall in
comparifon with the other two, and cannot boaft of
equal variety. The fliores, however, are in many places
indented with beautiful bays, furrounded with dark
groves of trees, fome of which have a moft pi&urefque
appearance when viewed from the water. The eaftern
boundary is formed by the bafe of Mangerton, down
the lleep fide of which defeends a cafcade vifible for
150 yards : this fall of water is fupplied by a circular
lake
Killas
Killif rat
kie.
K 1 L
lake near the furamit of the mountain, called the
Devil's Punch Bowl; which on account of its immenfe
depth, and the continual overflow7 of water, is confider-
ed as one of the greateft curiofities in Killarney.—Mr
Smith feems to think, that one of the bell profpedls
this admired lake affords, is from a riling ground near
the ruined cathedral of Aghadoe.
The lake of Killarney is othervvife called Lough
Lane, or Loch Lean, from its being furrounded by high
mountains. Nennius fays, that thefe lakes were en-
compafled by four circles of mines j the firft of tin, the
fecond of lead, the third of iron, and the fourth of
copper. In the feveral mountains adjacent to the
lakes are Hill to be feen the veftiges of the ancient
mines of iron, lead, and copper \ but tin has not been
difcovered. Silver and gold are laid by the Irilh an¬
tiquaries to have been found in the early ages: but
this is fomewhat doubtful, efpecially in any confider-
able quantity, though fome filver probably was extraft-
ed from the lead ore, and fmall quantities of gold
might have been obtained from the yellow copper
ore of Mucrufs. However, in the neighbourhood of
thefe lakes were found in the early ages, as w7ell as at
prefent, pebbles of feveral colours, which taking a
beautiful polilh, the ancient Iriih wore in their ears,
girdles, and different articles of their drefs and furni¬
ture. ,
KILLAS, a genus of Hones belonging to the ar¬
gillaceous clafs, found chiefly in Cormvall in England.
Its texture is either lamellar or coarfely granular ; the
fpecihc gravity from 2630 to 2666. It contains 60
parts of filiceeus earth, 25 of argillaceous, 9 of mag-
nefia, and 6 of iron. The greenilh kind contains
more iron, and gives a green tindlure to the nitrous
acid.
KILLICRANKIE, a noted pafs of Perthflure in
Scotland. It is formed by the lofty mountains im¬
pending over the river Garie, which rulhes through
in a deep, darkfome, and horrid channel, beneath.
In the laid century this was a pafs of much danger
and difficulty ; a path hanging over a tremendous
precipice threatened deilruftion to the lead falfe ftep
of the traveller : at prefent a fine road formed by the
loldiery lent by government, and encouraged by an
additional 6d. per day, gives an eafy accefs to the
remote Highlands •, and the two fides are joined by a
fine arch.
Near the north end of this pafs, in its open and un¬
improved Hate, was fought in the year 16S9 the battle
of Killicrankie, bettveen the adherents of James II. un¬
der Vifcount Dundee, and of William III. under Ge¬
neral Mackay. Dundee’s army w7as very much infe¬
rior to that of Mack-ay. When he came in fight of
the latter, he found them formed in eight battalions
ready for aclion. They confided of 45°° f°0L an(l
two troops of horfe. The Highlanders under Dun¬
dee amounted to little more than half that number.
Thefe he ranged indantly in order of battle. Maclean,
with his tribe, formed the right wing. The Macdo¬
nalds of Sky, under the chieftain’s elded fon, formed
the left. The Camerons, the Macdonalds of Glengary,
the followers of Clanronald, and few Irifli auxiliaries,
were in the centre. A troop of horfe were placed be¬
hind under Sir William Wallace. The officers fent
by James from Ireland were didributed through all the
K I L
line. This whole army doed in fight of the enemy for
feverai hours on the deep fide of a hill, which laced
the narrow7 plain where Mackay had formed his line.
Dundee wilhed for the approach of night ) a feafon
dated for either viddory or flight.
At five of the clock in the afternoon, a kind of flight
Ikirmifli began between the right wing of the High¬
landers and the left of the enemy. But neither army
wilhing to change their ground, the firing was difeon-
tinued for three hours. Dundee in the mean time
flew from tribe to tribe, and animated them to a£tion.
At eight of the clock he gave the fignal for battle, and
charged the enemy in perfon at the head of the horfe.
The Highlanders in deep columns ruflted fuddenly
down the hill. They kept their (hot till they were
within a pike’s length of the enemy ”, and having fired
their mulkets, fell upon them fword in hand. Mac-
kay’s left wing could not for a moment fuflain the
ihock. They were driven by the Macleans with great
flaughter from the field. The Macdonalds on the left
of the Highlanders, were not equally fuccefsful. Colo¬
nel Hadings’s regiment of foot dood their ground.
They even forced the Macdonalds to retreat. Mac-
lean, with a few of his tribe, and Sir Evan Cameron
at the head of his clan, fell fuddenly on the flank of
this gallant regiment, and forced them to give way.
The flaughter ended not with the battle. Two thou-
fand fell in the field and the flight. The tents, bag¬
gage, artillery, and provifions of the enemy, and even
King William’s Dutch dandard, which was carried by
Mackay’s regiment, fell into the hands of the High¬
landers. The vidlory was now complete. But the
Highlanders lofl their gallant leader. Perceiving the
unexpected relidance of Colonel Hadings’s regiment,
and the confufion of the Macdonalds, Dundee- rode
rapidly to the left wing. As he was raifing his arm,
and pointing to the Camerons to advance, he received
a ball in his fide. The wound proved mortal ; and
with Dundee fell all the hopes of King James at that
time.
KILLIGREW, William, elded fon of Sir Robert
Killigrew knight, was born in 1605. He was gentle-
man-uther of the privy-chamber to King Charles I.
and on the Redoration of Charles II. When the lat¬
ter married the Princefs Catharine of Portugal, he was
created vice-chamberlain ; in which Ration he conti¬
nued 22 years, and died in 1693. He was the author
of four plays, which, though now thrown afide, were
much applauded by the poets of that time, particular¬
ly by Waller.
Killigrew, Thomas, brother of the former, was
born in 1611 ; and was much didinguifhed in his time
for wit. He was page of honour to King Charles I. and '
groom of the bedchamber to Charles II. with whom
he fuffered may years exile j during which he applied
his leifure hours to the dudy of poetry, and to the com-
pofition of feveral plays. After the Redoration he con-
tinned in high favour with the king, and had frequently
accefs to him when he was denied to the fird peers in the
realm j and being a man of great wit and livelinefs oF
parts, and having from his long intimacy with that
monarch, and being continually about his perfon du¬
ring his troubles, acquired a freedom and familiarity
with him, which even the pomp of majedy afterwards
could not check in him ; he fometimes, by way of jed,;
which
[ 1
Ki’licrae-
kie,
Killigrew.
K I L [ 456 ] K I L
i>.nn‘)jrew. which King Charles was ever fond of, if genuine, even
v"~ though himfelf w^as the objeft of the fatire, would ad¬
venture bold truths which fcarcely any one belides
would have dared even to hint at. One ftory in par¬
ticular is related of him, which if true is a ftrong
proof of the great lengths he would fometimes proceed
in his freedoms of this kind, which is as follows: 
When the king’s unbounded paflion for women had
.given his miftrefs fuch an afcendant over him, that, like
the effeminate Perfian* monarch, he was much fitter to
have handled a diflaff than to wield a fceptre, and for
the converfation of his concubines utterly negledted
the moft important affairs of ftate, Mr Killigrew went
to pay his majefty a vifit in his private apartments,
habited like a pilgrim who was bent on a long journey.
Ihe king, iurprifed at the oddity of his appearance,
immediately alked him what was the meaning of it,
and whether he was going ? “ To hell,” bluntly re¬
plied the wag. “ Prithee (faid the king, what can
your errand be to that place ?” To fetch back Oliver
Cromwell (rejoined he), that he may take fome care
of the affairs of England, for his fucceffor takes none at
all.—One more ftory is related of him, which is not
barren of humour. King Charles’s fondnefs for plea-
fure, to -which he almoft always made bufinefs give way,
ufed frequently to delay affairs of confequence, from his
majeily’s difappointing the council of his prefence when
met for the defpatch of bufinefs, which negleft gave
great difguff and offence to many of thofe who were
treated with this feeming difrefpedf. On one of thefe
occafions the duke of Lauderdale, who was naturally
impetuous and turbulent, quitted the council chamber
in a violent paffion j and meeting Mr Killigrew pre-
fently after, expreffed himfelf on the occafion in very
difrefpe<ffful terms of his majefty. Killigrew begged
his grace to moderate his paffion, and offered to lay
him a wager of look that he himfelf would prevail on
his majefty to come to council in half an hour. The
duke, furprifed at the boldnefs of the affertion, and
warmed by his refentment againft the king, accepted
the wager ; on which Killigrew immediately went to
the king, and without ceremony told him what had
happened ; adding thefe words, “ I know that your
majefty hates Lauderdale, though the neceffity of your
affairs compels you to carry an outward appearance of
civility : now, if you choofe to get rid of a man who
is thus difagreeable to you, you need only go this once
to council ; for I know’ his covetous difpofition fo per-
fedtly, that I am well perfuaded, rather than pay this
jool. he wmuld hang himfelf out of the way, and ne¬
ver plague you more.” The king was fo pleafed with
the archnefs of this obfervation, that he immediately
replied, “ Well then, Killigrew, I pofitively will go j”
and kept his word accordingly.—Killigrew died in
1-682, and w'as buried in Weftminfter abbey.
Killigrew, Anne, “ a Grace for beauty, and a
Mufe for wit,” as Mr Wood fays, was the daughter
of Dr Henry Killigrew’, brother of the twm foregoing,
and w’as born a little before the Reftoration. She
gave early indications of genius, and became eminent
in the arts both of poetry and painting. She drew
the duke of York and his duchefs to whom (he w’as
maid of honour, as w'ell as feveral other portraits and
hiftory pieces ; and crowned all her other accomplilh-
ments with unblemiftied virtue and exemplary piety.
1
Mr Dryden feems quite laviff in her praife, though Killileagh,
Wood affures us he has faid no more of her than Kldmigh.
ffe was equal if not fuperior to. The amiable young v
woman died of the fmallpox in 1685 j an<^ the year
after her poems were publilhed in a thin quarto vo¬
lume.
KILLILEAGH, a town of Ireland, in the county
of Down and province of Ulfter, 80 miles from Dub¬
lin j otherwife written Killyleagh. It is the principal
town in the barony of Duffrin ; and feated on an arm
of the lake of Strangford, from which it is fupplied
w’ith a great variety of fiff. The family of the Ha-
miltons created firft Lords Clanbois, and aftemards
earls of Clanbraffil, had their feat and refidence here
in a caftle Handing at the upper end of the great ftreetj
at the lower end of the ftreet is a little fafe bay, where
fhips lie flickered from all winds; in the towm are fome
good houfes, a decent market-houfe, a horfe barrack,
and a Prefbyterian meeting houfe. On an eminence a
fmall diftance from the town is a handfome church
built in the form of a crofs. This place fuffered much
in the calamitous year 1641. It is now thriving, and
the linen manufadure carried on in it, and fine thread
made, for which it has a great demand. It formerly
returned two members to parliament. The celebrated
naturalifl: and eminent phyfician Sir Hans Sloane was
born here 16th April 1660, and his father Alexander
Sloane was at the head of that colony of Scots which
King James I. fettled in the place. This towm was in¬
corporated by that king at the inftance of the firft earl
of Clanbois.
KILLOUGH (otherwife Port St Arne), a port
town of Ireland, fituated in the county of Down and
province of Ulrter, 76 miles from Dublin. It lies
north of St John’s Point, and has a good quay, where
fliips lie very fafe. The town is agreeably fituated j the
fea flowing all along the backs of the houfes, w’here
ftiips ride in full view of the inhabitants. There is
here a good church, and a horfe barrack. They have
good fiffing in the bay j but the principal trade of
the place confifts in the exportation of barley, and the
importation of fuch commodities as are confumed in
the adjacent country. A manufafture of fait is alfo
carried on with great advantage. The fairs held here
are five. At a fmall diftance from the town is a char¬
ter working fchool for the reception of 20 children,
which was fet on foot by the late Mr Juftice Ward.
There is a remarkable well here called St Sc or din's
well, and highly efteemed for the extraordinary light-
nefs of its w’ater. It guffes out of a high rocky bank,
clofe upon the (bore, and is obferved never to diminifti
its quantity in the drieft feafon. There is alfo a mineral
fpring near the fchool, the waters of which the inhabi¬
tants affirm to be both purgative and emetic. At a
fmall diftance from the town near the fea is a rock in
which there is an oblong hole, from w’hence at the
ebbing and flowing of the tide a ftrange noife is heard
fomewhat refcmbling the found of a huntfman’s horn.
In an open field about a quarter of a mile from the
town towards St John’s point there is a very curious
cave, which has a winding paflage two feet and a half
broad, with three doors in it befides the entrance, and
leading to a circular chamber three yards in diameter,
where there is a fine limpid w’.ell. The cave is about
27 yards long.
KtLLouan
K I L [ 457 ] KIM
Killy'jegs Kihough Harbour is tolerably fafe and commodi-
Killmal °US * 3 ^e§ree caution, however, is neceffary in
lock. " fail,ng into ^ i for a rock Hands in the middle of the
>—Y—»; entrance, covered at half flood, commonly called the
•water rock. Either to the eaft or weft of this rock is
a fecure paffage, th« inlet lying fouth by eaft and
north by weft. On the weft fide of the rock open to
Coney itland is a ftrong quay, and a bafon for fhips,
where they are defended from all winds, within which
the harbour on both fides affords good anchorage for
veffels of 150 tons. At the end of the quay the chan¬
nel is 400 yards wide. The bay of Killough is form¬
ed by Rin-fad and the Long point to the eaft, and St
John’s point to the weft, as the inner harbour is by a
peninfula called Coney ifle from the number of rabbits
thereon, and not Cane ijle as Sir William Petty fuppofes.
An impetuous fea runs on all this coaft in ftorms and
fpring tides.
KILLYBEGS, a borough and fair town in the
county of Donegal and province of Ulfter, 123 miles
from Dublin. It is fituated on the north fide of Do¬
negal bay ; but is a place of no great trade, though
it has a harbour fpacious enough to contain a large
fleet: it has a bold and ample opening to the fea on
the fouth, and is fecured within by the fhelter of high
lands furrounding it; fo that veffels may enter at any
time of the tide, there being from 5 to 8 fathoms wa¬
ter. The herring fiihery is the moft confiderable of any
carried on here ; but the town is likely to increafe in
trade and confequence.
KILM AINHAM, a town of Ireland, fituated a-
bout half a mile from Dublin. It has a feilion houfe and
handfome gaol ; and here the quarter feilions are held
for the county of Dublin, and knights of the fhire
eledled for that county. This place was fometimes
the feat of government before Dublin caftle was con¬
verted to that purpoie j and though now’ much decayed,
it gives title of baron to the family of Wenman. An
ancient priory was founded here, and a houfe for knights
hofpitalers of St John of Jerufalem.
KILMALLOCK, a town of Ireland, in the coun¬
ty of Limerick and province of Munfter, 16 miles from
the city of Limerick, and 107 from Dublin.-—This
town makes a confpicuous figure in the military hiftory
of Ireland. In the 16th century it was a populous
place ; and the remains of the wall which entirely fur-
rounded the towm, and of feveral large houfes, are ftill
lo be feen. Edward VI. granted a charter to it with
many privileges, as did Queen Elizabeth another, dated
24th April 1584. In 1598, it was invefted by the Irilh
forces, when the earl of Ormond haftened to its relief,
and arrived in time to raife the fiege : here was alfo
fome conteft during the grand rebellion in 1641 and
1642. By an inquifition 11 Aug. 29 Eliz. it appears
that there had been an abbey in Kilmallock called
Flacifpague: on which a ftone houfe was erected. In
the cathedral church are the remains of a monument
ere£ted over the Verdon family, one of whom repre-
fented this town in parliament in 1613. This place
once gave title of vifcount to one of the Sarsfield fa¬
mily. Sir James Ware informs us, that an abbey of
Dominicans or Black friars wTas built here in the 13th
century by the fovereign, brethren, and commonalty,
hrom the many ruins here of caftles and ancient build-
fogs, it has acquired the name of the Irifh Balbeck.
Vol. XL Part II,
The parilh church was formerly an abbey for regu- Kilmar-
lar canons founded by St Mochoallog, who died nock
between the years 639 and 656; and fome 'writers
fay, that the Dominican abbey juft mentioned was 
founded in 1291, by Gilbert the fecond fon of John of
Calleen.
KILMARNOCK, a populous and flourithing town
of Ayrlhire in Scotland, noted for its manufacture of -
carpets, milled hofiery, and Scotch bonnets. It gave
the title of earl to the noble family of Boyd, refiding
in this neighbourhood. This title was forfeited by
the laft earl, who, by engaging in the rebellion of 1745,
was deprived of his honours, and loft his life on the
fcaffold. His fon, however, who ferved in the king’s
army, afterwards fucceeded to the earldom of Errol.
The population in 1792 nearly amounted to 6000.
K1LMORE, a bifhop’s fee in the county of Cavan
and province of Ulfter in Ireland. It was called in
former ages Clunes, or C/unisy i. e. the “ fequeftered
place 5” and is fituated near Lough Earn. St Fedlimid
founded this bilhopric in the fixth century ; it was af¬
terwards removed to an obfcure village called Tri-
burna ; where it continued until the year 1454, when
Andrew Macbrady bilhop of Triburna ereCted a
church on the fite of that founded by St Fedlimid, to
whofe memory it was dedicated, and denominated
Kiimore, or “ the great church.” At prefent there
are neither cathedral, chapter, nor canons, belonging
to this fee j the fmall parifti church contiguous to
the epifcopal houfe ferving for the purpofe of a ca¬
thedral.
KILN, a ftove ufed in the manufacture of various
articles. A fabric formed for admitting heat, in or¬
der to dry or burn materials placed in it to undergo
fuch operations.
KILWORTH, a town of Ireland, fituated in the
county of Cork and province of Munfter, 108 miles
from Dublin. It is a thriving place, with a good
church, at the foot of a large ridge of mountains call¬
ed Kilworth mountains, through which a good turnpike,
road is carried from Dublin to Cork : below the town
runs the river Puncheon, which is well ftored with fal-
mon and trout, and difcharges itfelf a mile fouth of
this into the Blackwater. Near Kilworth is a good
glebe and vicarage houfe. At this place is Moor¬
park, the fuperb feat of Lord Mountcaftiel; and ad¬
joining to his lordlhip’s improvements Hands the caftle
of Clough-leagh, boldly fituated on the river Puncheon,
which has flood feveral fieges.
KIMBOLTON, a town of Huntingdonfhire, feated
in a bottom; and noted for the caftle of Kimbolton,
the feat of the duke of Manchefter. W. Long-, o ic
N. Lat. 52. 18. ' V
KIMCHI, David, a Jewith rabbi, famous as a
Commentator on the Old Teftament, lived at the clofe
of the 12th and beginning of the 13th centuries. He
was a Spaniard by birth, fon of Rabbi Jofeph Kimchi,
and brother of Rabbi Mofes Kimchi, both men of emi¬
nent learning among the Jews : but he exceeded them
both, being the beft Hebrew grammarian the Jews ever
had. He wrote a Grammar and Dictionary of that
language; out of the former of which Buxtorf made
his Thefaurus lingua; Hebrew, and his Lexicon Lingua;
Hebrew out or the latter. His writings "have been held
in fuch eftimation among the Jews, that no one can
3 M arrive
KIN
f 458 ]
K I N
dinefhire.
Kincardine, arrive at any reputation in letters and theology without
Kir.car- ftudy5ng them.
KINCARDINE, a town in Perthfhire, fituated up¬
on the banks of the Forth, four miles well from Alloa,
and 22 fouth from Perth. The houfes are well built,
and the ftreets regular, with a dry and healthy fitua-
tion. The harbour is commodious, with an excellent
roadllead oppofite to the town, where 100 veffels of
all dimenfions may ride in perfeft fafety. Shipbuild¬
ing is extendvely carried on at this place, and nine or
ten have fometimes been upon the flocks at once, fome
of them 200 and 300 tons burden. In 1792 there were
75 veflels belonging to the town, furnilhing employ¬
ment for 300 failors. Thefe import wood, iron, flax, &c.
from the Baltic, barley from England and other places*,
and export coals to different parts of Europe. It con¬
tains at prefent about 1000 inhabitants.
KINCARDINESHIRE, or Mearns-shire, a
county of Scotland, bounded on the north by Aber-
deenfhire, on the eaft by the German ocean, and on
the fouth-well by Angus or Forfarfhire. In form it re-
fembles a harp, having the lower point towards the
fouth. Its length alongfl the coaft is about 30 miles j
its greateft breadth about 20. Various opinions have
been held concerning the derivation of the word Mearnx;
but the other name is taken from its ancient capital,
Kincardine, now an inconfiderable village. The tra£l
of country through which the Dee paffes, and the plain
along the fea coaft, are well cultivated, and produce
much corn and flax. The fields are in many places
ikreened by woods; and the heaths afford fheep-walks
and much good pafture for cattle. But the moft ex-
tenfive tra£l under cultivation, is what is called the
how or hollow of the Mearns. This tradl forms part
of Strathmore, or the great vale which runs from Stone¬
haven in the north-eaft to Argylefliire in the fouth-weft,
nearly acrofs the kingdom. Near Stonehaven, to the
fouth, are the ruins of Dunnotar caftle, the ancient feat
of the earls marifchal of Scotland, fituated on a high
perpendicular rock, almoft furrounded by the fea. In
this neighbourhood is a precipitous cliff overhanging
the fea, called Yowls Cleugh; noted as the refort of
kittiwakes, the young of which are much fought af¬
ter in the hatching feafon, being efteemed a great
delicacy.—At a little diftance from Stonehaven, up the
river, llands Urie, the birth-place of Barclay the fa¬
mous apologili for the Quakers. The Quakers have
here a burying ground; and in the vicinity are feen
the traces of a Roman ftation. There are other fine
manfion houfes in this county, as Burn, the feat of the
late Lord Adam Gordon ; ydrbuthnot, the fdat of Vif-
count Arbuthnot 5 Criggie, Benholm Cajile, &c.—The
village of Fordun, a little fouth from the centre of the
county, is fuppofed to be the birth-place of the cele¬
brated author of the Scotichronicon. In the church¬
yard of Fordun is Ihewn what is faid to be the tomb of
St Palladius, a fmall plain building, which from its
appearance is comparatively of modern date. Near the
village, and along the river Bervie, the country is flat
and well cultivate^. The fmall town of Inverbervie
was made a royal borough by David Bruce, who land¬
ed with his queen at Craig David near this after his
long retreat into France. Near the village of Fetter-
cairn are ftill ‘pen fome vefliges of a caftle faid to have
!j$en thp refidence of Finella, daughter of a nobleman
of large poffefiions in this country, or, as Major calls
her, countefs of Angus, who was acceffary to the mur¬
der of Kenneth II. About two miles from this place,
on the road fide, is a cairn of a ftupendous fize and
uncommon form, which probably might give name to
the parifti. About fix miles weft from Bervie, is fitu¬
ated Laurencekirk, w’hich, formerly an infignificant vil¬
lage, by the judicious and liberal exertions of Lord
Gardenftone, has become a handfome little town, with
a right to eleft magiftrates, and to hold an annual
fair and a weekly market. He eftabliftied here- ma-
nufadlures of lawm, cambric, linen, and various other
articles. He has alfo freely renounced all the oppref-
five fervices due by his tenants j fervices which have
been fo long and fo juftly complained of as a check
to agriculture in many parts of Scotland.—The north-
w'eft part of the (hire, being mountainous, is more em¬
ployed in pafture than in cultivation. The principal
mountains are Montbattock, and Cloch-na-bean : the for¬
mer is the higheft in the county j the latter is remarka¬
ble, as the name imports, for a huge detached rock
near its fummit. The population of this county, ac¬
cording to its parilhes, is the following.
Parijhes.
1 Arbuthnot
Banchory Devenich
Banchory Ternan
Benholm
5 Bervie
Conveth
Dunnotar
Durris
Fettercairn
IO Fettereffoe
Fordun
Garvock
Glenbervie
Kinneff
15 Maryculter
Mary kirk
Nigg
St Cyrus
19 Strachan
Population
in 11SS-
997
*495
1736
*367
655
757
*570
889
I95°
3082
1890
755
958
£58
746
1285
1289
1271
796
-4>346
26,799
24,346
Kincar-
dL.eihire
11
King.
Population in
I79c—1758.
IO41
1700
1340
J557
1200
1200
1962
651
2000
337°
2258
460
I3°7
I coo
719
1481
1090
j763
700
Increafe, 2453 * * Staff,
Hf.
KINDRED, in Law, perfons related to one ano<-
ther, whereof the law reckons three degrees or lines,
viz. the defcending, afcending, and. collateral line.
See Consanguinity and Descent.
On there being no kindred in the defcending line,
the inheritance paffes in the collateral one,
KING, a monarch or potentate who rules fingly and
fovereignly over a people.—Camden derives the word
from the Saxon cyning, which fignifies the fame .*, and
that from can, “ power,” or ken, “ knowledge,” where-
with every monarch is fuppofed to be inverted. The
Latin rex, the Scythian reix, the Punic refch, the SpaT
nifti rey, and French roy, come all, according to Pof-
tel, from the Hebrew w«*i, tofch, “ chief, head.”
Kings were not known amongft the Ifraelites till
fthe.
KIN [ 459 1 K t N
XJntr. Oie reign oF Saul. Before him they were governed
—V— at firft by elders as in Egypt j then by princes of God’s
appointment, as Mofes and Joftma j then by judges
till the time of Samuel j and laft of ail by kings. See
Judges.
Moll of the Grecian Hates were governed at firft by
kings, who were chofen by the people to decide differ¬
ences and execute a power which was limited by laws.
Tbe\ commanded armies, prelided over the worlhip of
the gods, &c. This royalty was generally hereditary j
but if the vices of the heir to the crown were odious to
the people, or if the oracle had fo commanded, he was
cut off from the right of fucceffion j yet the kings
were fuppofed to hold their fovereignty by the ap¬
pointment of Jupiter. I he enfign of majefty was the
fceptre, which was made of wood adorned with ftuds
of gold, and ornamented at the top with fome fi¬
gure } commonly that of an eagle, as being the bird of
Jove.
Rome alfo was governed at firft by kings, who were
ekj£led by the people, with the approbation oi the
fenate and concurrence of the augurs, i heir power
extended to religion, the revenues, the army, and the
adminiftration of juftice. The monarchical form of
government fubfifted 244 years Rome, under feven
kings, the laft of whom was Tarquinius Superbus. See
Rome.
Among the Greeks the-king of Perfia had anciently
the appellation of the great king ; the king of France
now has that of the mqfl Ckri/han king; and the king
of Spain has that of Catholic king. The king of the Ro-
tnans is a prince chofen by the emperor, as a coadjutor
in the government of the empire.
The kings of England, by the Lateran council, un¬
der Pope Julius II. had the title of Chriftianijfimus con¬
ferred on them *, and that of defender of the faith was
added by Pope Leo X. though it had been ufed by
them fome time before. The title of grace was firft
given to our kings about the time of Henry IV. and
that oimajefy firft to Henry VIII. before which time
our kings were called grace, highnefs, &c.—In all pub¬
lic inftruments and letters, the king ftyles himfelf nos,
“ we though till the time of King John he fpoke in
the lingular number.
The definition of king above given, is according to
the general acceptation of the term. It will not there¬
fore ftr’nflly apply to the fovereign of Britain ’, and ftill
lefs of late to that of France, formerly one of the moft
abfolute, now the moft degraded, of princes, without
power and without confequence. In Britain, a happy
mean prevails. The power of the king is indeed fub-
jeft to great limitations : but they are the limitations of
wifdom, and the fources of dignity •, being fo far from
diminilhing his honour, that they add a gl°ry *6 his
crown : For while other kings are abfolute monarchs
over innumerable multitudes of flaves, the king of Bri¬
tain has the diftinguilhed glory of governing a free peo¬
ple, the lead of w:hom is prote£led by the laws : he
has great prerogatives, and a boundlefs power in doing
good ; and is at the fame time only reftrained from acl-
ing inconfiftently with his own happinefs, and that of
his people.
To underftand the royal rights and authority in Bri¬
tain, wre muft confider the king under fix diftinft view’s,
j. With regard to his title. 2. His royal family.
3. His councils; 4. His duties. 5. His prerogative.
6. His revenue.
I. His title. For this, fee Hereditary Right, and
Succession.
II. His royal family. See Royal Family.
III. His councils. See Council.
IV. His duties. By our conftitution, there are cer¬
tain duties incumbent on the king j in confideration of
which, his dignity and prerogative are eftablifhed by
the law’s of the land : it being a maxim in the law’, that
proteflion and fubjeclion are reciprocal. And thefe re¬
ciprocal duties are what Sir William Blackftone appre¬
hends were meant by the convention in 1688, when
they declared that King James had broken the original
contraft between king and people. But however, as
the terms of that original contract were in fome mea-
fure difputed, being alleged to exift principally in theo¬
ry, and to be only deducible by reafon and the rules of
natural law, in which dedudlion different underftand-
ings might very confiderably differ j it was-, alter the
Revolution, judged proper to declare thefe duties ex-
prefsly, and to reduce that contraft to a plain certain¬
ty. So that, whatever doubts might be formerly railed
by w’eak and fcrupulous minds about the exiftence of
fuch an original contraft, they muft now’ entirely ceafe >
efpecially with regard to every prince who hath reign¬
ed fince the year 1688.
The principal duty of the king is, To govern his
people according to law. Nec regibus infnita out libera
poteflas, was the conftitution of our German anceftors
on the continent. And this is not only confonant to
the principles of nature, of liberty, of reafon, and of
fociety ; but has always been efteemed an exprefs part
of the common law of England, even w’hen prerogative
was at the higheft. “ The king (faith Brafton, who
wrote under Henry III.) ought not to be fubjeft to
man $ but to God, and to the law ; for the law maketh
the king. Let the king therefore render to the law,
what the law’ has inverted in him with regard to others ■,
dominion, and power : for he is not truly king, where
will and pleafure rules, and not the law.” And again:
“ The king hath a fuperior, namely God 5 and alfo the
law, by which he was made a king.” Thus Brafton ;
and Fortefcue alfo, having firft well diftinguiftied be¬
tween a monarchy abfolutely and defpotically regal,
which is introduced by conqueft and violence, and a
political or civil monarchy, w-hich arifes from mutual
confent (of w’hich laft fpecies he afferts the government
of England to be), immediately lay it down as a prin¬
ciple, that “ the king of England muft rule his people
according to the decrees of the law’s thereof*, infomuch
that he is bound by an oath at his coronation to the ob-
fervance and keeping of his own law’s.” But to ob¬
viate all doubts and difficulties concerning this matter,
it is exprefsly declared by ftatute 12 and 13 W. HI.
c. 2. “ that the laws of England are the birthright of
the people thereof *, and all the kings and queens w*ho
ftiall afeend the throne of this realm ought to adminifter
the government of the fame according to the faid laws,
and all their officers and minifters ought to ferve them
refpeftively according to the fame: and therefore all
the other laws and ftatutes of this realm, for fecuring
the eftabliffied religion, and the rights and liberties of
the people thereof, and all other laws and ftatutes of
the fame now in force, are by his majefty, by and with
' 3 M 2 the
King.
KIN [ 460
the advice and confent of the lords fpiritual and tempo¬
ral, and commons, and by authority of the fame, rati¬
fied >and confirmed accordingly.”
And as to the terms ©f the original contrail be¬
tween king and people, thefe, it is apprehended, are
now couched in the coronation oath, which by the fta-
tute i W. and M. Hat. i. c. 6. is to be adminillered to
every king and queen who lhall fucceed to the imperial
crown of thefe realms, by one of the archbilhops or
bilhops of the realm, in the prefence of all the people $
who on their parts do reciprocally take the oath of al¬
legiance to the crown. Ibis coronation oath is concei¬
ved in the following terms:
“ The archbijhofi or bijhop Jhnll fay. Will you fo-
emnly promife aiad. fwear to govern the people of this
Kingdom of Britain, and the dominions thereto be-
llatutes in parliament a-
cuftoms of the fame ?—
I folemnly promife fo to
]
K I N
power
all
longing, according to the
greed, and the laws and
The king or queen Jhail fay,
do.
“ -drchuifhop' or bifhop. Will you to your r„
caufe law and jufiice, in mercy, to be executed in
your judgements ?—King or queen. I will.
Archbijhop or bifhop. Will you to the utmoft of
your power maintain the laws of God, the true profef-
^'i0n, an<^ Protefiant reformed religion
ellabhfhed by the law ? And will you preferve unto
the bilhops and clergy of this realm, and to the church¬
es committed to their charge, all fuch rights and privi¬
leges as by law do or lhall appertain unto them, or
any ot them ?—King or queen. All this I promife to
do.
After thus the king or queen, laying his or her hand
upon the holy gofpel, Jhailfay. The things which I have
here before promifed, I will perform and keep : fo help
me God. And then Jhall kifs the book,’1'1
Phis is the form of the coronation oath, as it is now
prefcribed by our law j the principal articles of which
appear to be at leaf! as ancient as the Mirror of Julti-
ces, and even as the time of Bra£lon : but the wording
of it was changed at the Revolution, becaufe (as the
datute alleges) the oath itlelf had been framed in
doubtful words and expreflions, with relation to an¬
cient laws and conllitutions at this time unknown.
However, in what form fbever it be conceived, this is
moil indifputably a fundamental and original exprefs
contia£l j though, doubtlefs, the duty of proteblion is
impliedly as much incumbent on the fovereign before
coronation as after : in the fame manner as allegiance
to the king becomes the duty of the fubje£t immediate¬
ly on the defcent of the crown, before he has taken the
oath of allegiance, or whether he ever takes it at all.
This reciprocal duty of the fubjeft will be confidered
in its. proper place. At prefent we are only to obferve,
that in the king’s part of this original contradl are ex-
prefled all the duties which a monarch can owe to his
people, viz., to govern according to law7 j to execute
udgement in mercy ; and to maintain the ellablifhed
religion. And w7ith refpefl to the latter of thefe three
branches, we may farther remark, that by the aft of
union, 5 Ann. c. 8. two preceding ftatutes are recited
and confirmed ; the-one of the parliament of Scotland,
tne other of the parliament of England : which enafl j
the former, that every king at his acceffion fhall take
and fubfcribe an oath, to preferve the Proteftant reli¬
gion, and Prefbyterian church-government in Scotland ;
r ir ^1tter’ t^a.t at hiS coronation he lhall take and
lubfcnbe a limilar oath, to preferve the fettlement of
t le church of England within England, Ireland,
Wales, and Berwick, and the territories thereunto be¬
longing.
V. His prerogative. See Prerogative.
VI. His revenue. See Revenue.
Having in the preceding articles chalked out all the
principal outlines of this vail title of the law7, the fu-
pieine executive magiltrate, or the king’s majelty, con¬
fidered in his feveral capacities and points ot view 5 it
may not be improper to take a Ihort comparative review
of the power of the executive magiltrate, or preroga¬
tive of the crown, as it Hood in former days, and as it
Hands at preient. And we cannot but obferve, that
moH of the law7s for afcertaining, limiting, and re¬
fit aining this, prerogative, have been made within the
compafs of little more than a century pafi j from the
petition or right in 3 Car. I. to the prefent time. So
that the powers of the crowm are now7 to all appearance
greatly curtailed and diminilhed fince the reign of
King James I. particularly by the abolition of the flar-
chamber and high-commiflion courts in the reign of
Charles I. and by the difclaiming of martial law, and
the power of levying taxes on the fubjedl, by the fame,
prince : by the dilule of forefi laws for a century pafi :
and by the many excellent provifions enabled under
Charles II. y efpecially the abolition of military tenures,
purveyance, and pre-emption ; the habeas corpus abl y
and the aft to prevent the difcontinuance of parliaments
for above three years ; and .fince the Revolution, by
the ftrong and emphatical wrords in which our liberties
are aflerted in the bill of rights, and afl of fettlement j
by the afl for triennial, fince turned into feptennial
eleflions j by the exclufion of certain officers from the
houfe of commons j by rendering the feats of the judges
permanent, and their falaries independent 5 and by re-
firaining the king’s pardon from obfiruffing parliamen¬
tary impeachments. Befides all this, if we confider
how the crown is impoverifhed and ftripped of all its
ancient revenues, fo that it greatly depends on the libe¬
rality of parliament for its necefiary fupport and mainte¬
nance, we may perhaps be led to think that the ba¬
lance is inclined pretty ftrongly to the popular fcale,
and that the executive magiftrate has neither indepen¬
dence nor power enough left, to form that check upon
the lords and commons which the founders of our con-
ftitution intended.
But, on the other hand, it is to be confidered, that
every prince, in the firfi parliament after his accefiion,
has by long ufage a truly royal addition to his heredi¬
tary revenue fettled upon him for his life ; and has ne¬
ver any occafion to apply to parliament for fupplies,
but upon fome public necefiity of the wdiole realm.
This reftores to him that conftitutional independence,
which at his firfi; acceffion feems, it muft be owned, to
be wanting. And then with regard to power, we
may find perhaps that the hands of government are
at leaft fufficiently ftrengthened j and that a Britifh
monarch is now in no danger of being overborne by
either the nobility or the people. The inftruments of
power are not perhaps fo open and avowed as they for¬
merly were, and therefore are the lefs liable to jealous
and invidious reflefliens j but they are not the wreaker
upon
King.
K I N
[ 461 ]
KIN
King- upon that account. In fhoit, our national debt and
v taxes (befides the inconveniences before mentioned)
have alfo in their natural confequences thrown fuch a
weight of power into the executive fcale of govern¬
ment, as we cannot think was intended by our pa¬
triot anceflors ; who glorioufly ilruggled for the aboli¬
tion of the then formidable parts of the prerogative,
and by an unaccountable w'ant of forefight eftabliftied
this fyftem in their Head. The entire collection and
management of fo vaft a revenue, being placed in the
hands of the crown, have given rife to fuch a number
of new officers, created by and removable at the royal
pleafure, that they have extended the influence of go¬
vernment to every corner of the nation. Witnefs the
commiffioners, and the multitude of dependents on the
cufloms, in every port of the kingdom j the commiflion-
ers of excife, and their numerous fubalterns, in every
inland diftridl j the poflmafters and their fervants, plant¬
ed in every town, and upon every public road j the
commiffioners of the {lamps, and their diflributors,
which are fully as fcattered and fully as numerous; the
officers of the fait duty, which, though a fpecies of ex-
ctfe, and condufted in the fame manner, are yet made
a diftindt corps from the ordinary managers of that re¬
venue ; the furveyors of houfes and windows ; the re¬
ceivers of the land tax ; the managers of lotteries ; and
the commiffioners of hackney coaches ; all which are
either mediately or immediately appointed by the
crown, and removable at pleafure without any reafon
affigned : thefe, it requires but little penetration to fee,
mull give that power, on which they depend for fub-
fiflence, an influence moll amazingly extenlive. To
this may be added the frequent opportunities of confer¬
ring particular obligations, by preference in loans, fub-
fcriptions, tickets, remittances, and other money tranf-
adlions, which will greatly increafe this influence ; and
that over thofe perfons whofe attachment, on account of
their wealth, is frequently the moil defirable. All this
is the natural, though perhaps the unforefeen, confe-
quence of erefting our funds of credit, and, to fupport
them, eflablilhing our perpetual taxes : the whole of
which is entirely new fince the Relloration in 1660 ;
and by far the greateft part fince the Revolution in
1688. And the fame may be faid with regard to the
officers in our numerous army, and the places which the
army has created. All which put together give the
executive power fo perfuafive an energy with refpe£t to
the perfons themfelyes, and fo prevailing an intereft
with their friends and families, as wall amply make
amends for the lofs of external prerogative,
v But though this profuiion of offices ffiould have no
effed on individuals, there is Hill another newly ac¬
quired branch of power ; and that is, not the influ¬
ence only, but the force of a difciplined army ; paid
indeed ultimately by the people, but immediately by the
crown j raifed by the crown, officered by the crown,
commanded by the crown. They are kept on foot,
it is true, only from year to year, and that by the
power of parliament: but during that year they mull,
by the nature of our conllitution, if raifed at all, be at
the abfolute difpofal of the crown. And there need
but few words to demonllraie how great a trufl is there¬
by repofed in the prince by his people : A trull that is
more than equivalent to a thoufund little troublefome
prerogatives.
Add to all this, that befides the civil lift, the im-
menfe revenue of almoft feven millions fterling, wffiich
is annually paid to the creditors of the public, or car¬
ried to the finking fund, is firft depofited in the royal
exchequer, and thence iiTued out to the refpe&ive of¬
fices of payment. This revenue the people can never
refufe to raife, becaufe it is made perpetual by a£l of
parliament j which alfo, when well confidered, will
appear to be a truft of great delicacy and high impor¬
tance.
Upon the whole, therefore, it feems clear, that what¬
ever may have become of tlie nominal, the real power
of the crown has not been too far weakened by any
tranfaftions in the laft century. Much is indeed given
up j but much is alfo acquired. The ftern commands
of prerogative have yielded, to the milder voice of in¬
fluence : the flavifti and exploded doflrine of non-
refiftance has given way to a military eftabliffiment by
law *, and to the difufe of parliaments has fucceeded a
parliamentary truft of an immenfe perpetual revenue.
When, indeed, by the free operation of the finking
fund, our national debts (hall be leflened ; when the
pofture of foreign affairs, and the univerfal introduc¬
tion of a well planned and national militia, will fuffer
our formidable army to be thinned and regulated j and
when (in confequence of all) our taxes lhall be gradu¬
ally reduced ; this adventitious power of the crown
will flowly and imperceptibly diminiffi, as it flowly and
imperceptibly rofe. But till that ffiall happen, it will
be our elpecial duty, as good fubjefls and good Eng-
liffimen, to reverence the crown, and yet guard againft
corrupt and fervile influences from thofe wffio are in-
trufted with its authority j to be loyal, yet free j
obedient, and yet independent ; and above every thing,
to hope that we may long, very long, continue to be
governed by a fovereign, who, in all thofe public ads
that have perfonally proceeded from himfelf, hath ma-
nifelled the higheft veneration for the free conftitution
of Britain \ hath already in more than one inftance
remarkably ftrengthened its outwmrks ; and will there¬
fore never harbour a thought, or adopt a perfuafion,
in any the remoteff degree detrimental to public li¬
berty.
King at Arms, or of Arms, is an officer of great an¬
tiquity, and anciently of great authority, whofe bufinefs
is to dired the heralds, prefide at their chapters, and
have the jurifdidion of armoury.
In England there are three kings of arms, viz. gar¬
ter, clarencieux, and norroy.
Garter, principal King of Arms, was inffituted by
Henry V. His bufinefs is to attend the knights of the
garter at their affemblies, to marthal the folemnities at
the funerals of the higheft nobility, and to carry the
garter to kings and princes beyond the fea ; on which
occafion he ufed to be joined in com million with fome
principal peer of the kingdom. See Garter.,
Clarencieux King at Anns, is fo called from the
duke of Clarence, to whom he firft belonged. His
office is to marffial and difpofe the funerals of all the
inferior nobility, as baronets, knights, efquires, and
gentlemen, on the fouth fide of the Trent. See Cla¬
rencieux.
Norroy King at Arms, is to do the fame on the
north fide of the river Trent.
Thefe two laft are alfo called provincial heralds, in
regard
Kms
KIN f 462 ] KIN
Kmg reg&r-i %htj divide the kingdom between them into
—provinces. By charter, they have power to vifit noble-
inen’s families, to fet down their pedigrees, diftinguilh
their arms, appoint perfons their arms, and with garter
to direct the other heralds.
Anciently the kings at arms were created and fo*
lemnly crowned by the kings of England themfelves ;
but in later times the earl marflial has a fpecial commif-
lion at every creation to perfonate the king.
Li/on King at Arms, for Scotland, is the fecond king
at arms for Great Britain •, he is inverted and crowned
with great folemnity. To him belong the publirtiing
king’s proclamations, marfhalling funerals, reverling
arms, See. See Lyon.
King, Dr John, a learned Englifh biibop in the
I’/tb century, was educated at Weftminfter fchool, and
at Oxford, and was appointed chaplain to Queen Eli¬
zabeth. In 1605 he was made dean of Chrilt church,
was for feveral years vice-chancellor of Oxford, and in
1611 he was advanced to the bilhopric of London. Be-
rtdes his Le&ures upon Jonah, delivered at York, he
publilbed feveral fermons. King James I. ufed to ftyle
him the king of preachers ; and Lord Chief Juftice Coke
often declared, that he was the beji fpeaher in the Star-
chamber in his time. He rvas fo conftant in preaching
after he was a bifhop, that, unlefs he was prevented by
want of health, he omitted no Sunday in viliting fome
pulpit in or near London. Soon after his death, it was
reported, that he died a member of the Romifti church.
But the falfity of this ftory was fufficiently expofed by
his fon Hr Henry King, who was bilhop of Chichefter,
in a fermon at St Paul’s crofs foon after j by Bilhop
Godwin in the Appendix to his Commentarius de preefu-
libus Anglia-, printed in 1622; and by Mr John Gee,
in his book, entitled. The Foot out of the Snare.
King, Dr William, a facetious Engliih writer in
the beginning of the 18th century, was allied to the
noble families of Clarendon and Roehefter. He was
elefted a Undent of Chrift church from Wertminrter
fchool in 1681, aged 18. He afterward entered upon
the ftudy of law, and took the degree of dodlor of civil
law, foon acquired a confiderable reputation as a civi¬
lian, and was in great praftice. He attended the earl
of Pembroke, lord lieutenant of Ireland, into that
kingdom, where he was appointed judge advocate, foie
commiflioner of the prizes, keeper of the records, vicar
general to the lord primate of Ireland 5 wras countenan¬
ced by perfons of the higheft rank, and might have
made a fortune. But fo far was he from heaping up
riches, that he returned to England with no other trea-
fure than a few merry poems and humorous effays, and
returned to his ftudent’s place at Chrift church. He
died on Chrirtmas day in 1712, and was interred in
the cloifters of Weftminfter abbey. His writings are
pretty numerous. The principal are, 1. Animadver-
lions on a pretended Account of Denmark, wrote by
Mr Molefworth, afterwards Lord MolefwOrth. The
writing of thefe procured Dr King the place of fecre-
tary to Princefs Anne of Denmark. 2. Dialogues of
the dead. 3. The art of love, in imitation of Ovid
De arte amandi. 4. A volume of poems. 5. Ufeful
tranfa£fions. 6. An hiftorical account of the heathen
gods and heroes. 7. Several tranftations.
King, Dr William, archbilhop of Dublin in the
18th century, was defeended from an ancient family in
3
the north 0? Scotland, but horn in the county of An- King,
trim in the north of Ireland. In 1674 he took —y—“
priefts orders, and in 1679 was promoted by his pa¬
tron, Dr Parker, archbilhop of Dublin, to the chan-
cellorlhip of St Patrick. In 1687 Peter Manby, dean
of Londonderry, having publilhed at London, in 4to,
a pamphlet entitled Confiderations which obliged Peter
Manby dean of Londonderry to embrace the Catnolic
Religion, our author immediately wrote an anfvver. Mr
Manby, encouraged by the court, and affifted by the
molt learned champions of the church of Rome, pub-
lilhed a reply under this title, A reformed Catechifm, in
two Dialogues, concerning the Englilh Reformation,
&c. in reply to Mr King’s Ani'wer, &c. Our author
foon rejoined, in A Vindication of the Anfwer. Mr
Manby dropped the controverfy ; but difperfed a loofe
ftieet of paper, artfully written, with this title, A Letter
to a Friend, Ihowing the Vanity of this Opinion, that
every Man’s Senfe and Reafon are to guide him in Mat¬
ters of Faith. This Dr King refuted in A Vindication
of the Chrirtian Religion and Reformation againft the
Attempts of a Letter, &c. In 1689 he was twice con¬
fined in the tower by order of King James II. and the
lame year commenced dodlor of divinity. In 1690, up¬
on King James’s retreat to France after the battle at
the Boyne, he was advanced to the fee of Derry. In
1692 he publilhed at London in 410, The State of the
Pryteftants of Ireland under the late King James’s Go¬
vernment, &c. “ A hiftory (fays Bilhop Burnet), as
truly as it is finely written.” He had by him at his death
attefted vouchers of every particular fail alledged in this
book, which are now in the hands of his relations.
However, it was loon attacked by Mr Charles Lefly,
In 1693 our author finding the great number of Prote-
ftant diflenters, in his diocefe of Derry, increafed by
a vail addition of colonifts from Scotland, in order to
perfuade them to conformity to the eftabliftied church,
publilhed A Difcourfe concerning the Inventions of
Men in the Worlhip of God. Mr Jofeph Boyfe, a
diffenting minifter, wrote an anfwer. The bilhop an-
fwered Mr Boyfe. The latter replied. The biChop re¬
joined. In 1702 he publilhed at Dublin, in 410, his ce¬
lebrated treatife De Origine Mali. Mr Edmund Law,
M. A. fellow of Chrift’s college in Cambridge after¬
wards publilhed a complete tranflation of this, with very
valuable notes, in 4to. In the fecond edition he has
inferted, by way of notes, a large colledtion of the au¬
thor’s papers on the fame fubjefl, which he had re¬
ceived from his relations after the publication of the
former edition. Our author in this excellent treatife
has many curious obfervations. He afferts and proves
that there is more moral good in the earth than moral
evil. A lermon by our author, preached at Dublin
in 1 709, was publiftied under the title of Divine Pre-
deftination and Foreknowledge confiftent with the Free¬
dom of Man’s Will. This was attacked by Anthony
Collins, Efq. in a pamphlet entitled, A Vindication
of the Divine Attributes j in fome remarkson the arch¬
bilhop of Dublin’s fermon, entitled, Divine Predertina-
tion, &c. He publiftied likewife, A Difcourfe con¬
cerning the Confecration of Churches ; Ihowing what
is meant by dedicating them, with the Grounds of that
Office. He died in 1720.
King, Dr William, principal of St Mary’s hall,
Oxford, fon of the reverend Peregrine King, was bom
at
KIN [ 463 ] KIN
at Stepney m Middlefex, in the year 1685. He was
made doftor of laws in 1715, was fecretary to the
duke of Ormond, and earl of Arran, as chancellors of
the univerfity ; and was made principal of St Mary’s
hall on the death of Dr Hudfon in 1719. When he
flood candidate for member of parliament for the uni¬
verfity, he refigned his office of fecretary, but enjoyed
his other preferment, and it was all he did enjoy to
the time of his death. Dr Clark, who oppofed him,
carried the election j and after this difappointment, he
in the year 1727 went over to Ireland, where he is
faid to have written an epic poem, called The Toq/Iy
which was a political fatire, printed and given away
to his friends, but never fold. On the dedication of
Dr Radcliff’s library in 1749, he fpoke a Latin ora¬
tion in the theatre of Oxford, which was received with
the higheft acclamations 3 but it was otherwife when
printed, for he was attacked in feveral pamphlets on ac¬
count of it. Again, at the memorable contefted elec¬
tion in Oxfordihire 1755, his attachment to the old
intereft drew on him the refentment of the new, and
he was libelled in newfpapers and pamphlets, againft
which he defended himfelf in an Apology, and warmly
retaliated on his adverfaries. He wrote feveral other
things, and died in 1762. He was a polite fcholar,
an excellent orator, an elegant and eafy waiter, and
effeemed by the firff men of his time for his learning
and wit.
King, Teter, lord high chancellor of Great Britain,
was the fon of an eminent grocer and falter, and w-as
born at Exeter in 1669, and bred up for fome years to
his father’s bufmefs ; but his inclination to learning was
fo ftrong, that he laid out all the money he could fpare
in books, and devoted every moment of his leifure
hours to ftudy: fo that he became an excellent fcholar
before the world fufpe&ed any fuch thing ; and gave
the public a proof of his Ikill in church hiftory, in his
Inquiry into the Canftitution, Difcipline, Unity, and
Worfhip of the primitive Church, that flouriihed with¬
in the firft 300 Years after Chrift. London, 1691, in
8vo. This was written with a view to promote the
fcheme of a comprehenfion of the dilfenters. He af¬
terwards publiffied the fecond part of the Inquiry into
the Conftitution, &c.; and having defired, in his pre¬
face, to be fhown, either publicly or privately, any mif-
takes he might have made, that requeft was firff com¬
plied with by Mr Edmund Elys; between whom and
our author there paifed feveral letters upon the fubjefl,
in 1692, which were publiihed by Mr Elys in 1694,
8vo, under the title of Letters on feveral Subjects. But
the moft formal and elaborate anfwer to the Inquiry ap¬
peared afterwards, in a work entitled, Original Draught
of the Primitive Church.
His aquaintance with Mr Locke, to whom he was
related, and who left him half his library at his death,
was of great advantage to him ; by his advice, after
he had ffudied fome time in Holland, he applied him¬
felf to the ftudy of the law; in which profeflion this
learning and diligence made him foon taken notice of.
In the two laft parliaments during the reign of King
William, and in five parliaments during the reign of
(^ueen Anne, he ferved as burgefs for Beer-Alfton in
Devonihire. In 1702, be -publilhed at London, in
8vo, without his name, his Hittory of the Apoftles Creed,
with critical obfervations on its feveral articles j which
is highly effeemed. In 1708, he was chofen recorder
of the city of London, and in 17*0* was one °f t^ie
members of the houfe of commons at the trial of Dr
Sacheverell. In 1714, he was appointed lord chief
juftice of the common pleas j and the April follow¬
ing, wTas made one of the privy council. In 1715, he
was created a peer, by the title of Lord King, baron of
Ockham, in Surry, and appointed lord high chancellor
of Great Britain-, in which fituation he continued till
1733, when he refigned j and in 1734 died at Ockham
in Surry.
King's Bench. See Bench, King's.
King Bird. See Paradise a, Ornithology In¬
dex.
King's
Bench
King's Fijher. See Alcedo, Ornithology Index.
Books of Kings, two canonical books of the Old
Teftament, fo called, becaufe they contain the hiftory
of the kings of Ifrael and Judah from the beginning
of the reign of Solomon down to the Babylonifh cap¬
tivity, for the fpace of near 600 years. The firft book
of Kings contains the latter part of the life of David,
and his death j the flouriffiing ftate of the Ifraelites
under Solomon, his building and dedicating the temple
of Jerufalem, his lhameful defeflion from the true re¬
ligion, and the hidden decay of the Jewifh nation af¬
ter his death, when it wTas divided into two kingdoms :
the reft of the book is taken up in relating the afls of
four kings of Judah and eight of Ifrael. The fe¬
cond book, which is a continuation of the fame hiftory,
is a relation of the memorable a61s of 16 kings of Ju¬
dah, and 12 of Ifrael, and the end of both kingdoms,
by the carrying of the 10 tribes captive into Aifyria
by Shalmanefer, and the other two into Babylon by
Nebuchadnezzar.
It is probable that thefe books were compofed by
Ezra, who extra«fted them cut ol the public records,
which were kept of what pafled in that nation.
King's County, a county of the province of Lein-
fter in Ireland, taking its name from King Philip of
Spain, hulband to Queen Mary. It is bounded on the
north by Weft Meath 5 on the fouth by Tipperary and
Queen’s county, from which it is divided by the Bar-
row ; and part of Tipperary and Galway on the weft,
from which it is feparated by the Shannon. It is a
fine fruitful country, containing 257,510 Irifh planta¬
tion acres, 56 pariflies, 11 baronies, and two boroughs.
It is about 38 miles long and 30 broad, and the chief
town is Philipftown.
King's-EvU, or Scrophula. See Medicine Index.
KING-TE-TCHING, a famous village belonging
to the diftrift of Jao-tcheou-fou, a city of China, in the
province of Kiang-fi. This village, in which are col-
lefted the beft workmen in porcelain, is as populous as
the largeft cities of China. It is reckoned to contain
a million of inhabitants, who confume every day more
than ten thoufand loads of rice. It extends a league
and a half along the banks of a beautiful river, and is
not a colledfion of ftraggling houfes intermixed with
fpots of ground : on the contrary, the people com¬
plain that the buildings are too crowded, and that the
long ftreets which they form are too narrow 5 thofe
who pafs through them imagine tbemfelves tranfport-
ed into the midft of a fair, where nothing is heard
around but the noife of porters calling out to make way.
Provifions are dear here, becaufe every thing confumed
K 1 N [ 464 ]
‘rs br“llg!jt .from remote places ; even wood, fo necef- top of tile
Kington. f.’J for the,!r furnaces, is a&ually tranfported from the
« diftante of an hundred leagues. This village, not-
mthllandmg the high price of provifions, is an afylum
for a great number of poo*r families, who could not
lubfilt anywhere elfe. Children and invalids find em-
ployment here, and even the blind gain a livelihood by
pounding colours. The river in this place forms a
kind of harbour about a league in circumference : two
or three rows of barks placed in a line fometimes bor-
aei the whole extent of this vaft bafon.
r ^If^Gr>°.M» the territories or extent of country
lubiect to a king. J
Kingdoms of Nature. Moft naturalifts following
.Linnaeus, have divided all natural bodies into three
great slaffes, called kingdoms. Thefe are the mineral,
the vegetable, and the animal kingdoms. See Natural
History.
KINGHORN, a borough town in the county of
Fife in Scotland,^ on the frith of Forth, direaiy oppo-
fite to Leith. The manufafture of thread ilockiners
has been long elfablifhed ; and machinery has been in¬
troduced for fpinning cotton and flax. Many of the
men are employed in coaffing fhips, in the fifhery, or
the padage boats from hence to Leith, from which the
town of Kinghorn derives confiderable advantage. This
place gives a fecond title to the eail of Strathmore.
The population in 1793 rvas 1118.
KIIsGSERIDGL, a town ef Hevonfhire, 217 miles
w eft-fou-h-w eft from London, which has a harbour for
boats, and it is a chapel of eafe to Chefton, and has a
bridge over the Salcomb to Dodbrook.
KINGSCLERE, a town of Hampfhire, and on the
Oxford road from jBafmgfioke, is 56 miles from Lon¬
don, and was once the feat of the Saxon kings!
KINGSfERRY, in Kent, the common Way from
the mam land into the ille of Sheppey where a cable
of about 140 fathoms in length, fattened at each end
acrofs the water, ferves to get the boat over by hand.
For the maintenance of this ferry and keeping up the
highway leading to it through the marfhes for above
one mile in length, and for fupporting a wall againlt
the fea, the land occupiers tax themfelves yearly one
penny per acre for frefli marfh land, and one penny for
every 10 acres of fait marlh land. Here is a houfe for
the ferry keeper, who is obliged to tow all travellers
over free, except on thefe four days, viz. Palm Mon¬
day, Whit-Monday, St James’s day, and Michaelmas
day, when a horfeman pays two pence and a footman
one penny. But on Sunday, or ■ after eight o’clock at
night, the ferry-keeper demands fixpence of every hoife*
man, and twopence of every footman, whether ftrangers
or the land occupiers.
KINGSTON upon Thames, a town of Surry
in England, fituated 13 miles from London. It takes
its name from having been the refidence of many of
our Saxon, kings, fome of whom were crowned here
on a ftage in the market place. It has a wooden bridge
of 20 arches over the Thames, which is navigable here
by barges. There is another bridge here of brick, over
a .ftream that comes from a fpring in a cellar four
miles above the town, and forms fuch a brook as to
drive two mills not above a bowfhot from it and from
each other. .It is generally the place for the fummer
anizes of this county, there being a gallows on the
2
K I N
, - n 5,n .,that overlooks it. It is a populous, KuWft-
traxling, well-built town, and in the reigns or King  y—*
Edward II. and III. fent members to parliament. It
has a tree ichool j an alms houfe built in '1670, for fix
men and fix women, and endowed with lands to the
value of Sol. a-year : and a charity fchool for 30 boys
who are all clothed. Here is a fpacious church with
eight bells, adjoining to which, on the north fide was .
formerly a chapel dedicated to St Mary, in which were
t iC picfures of three of the Saxon kings that were
crowned here, and alfo that of King John, who gave
t .e inhabitants of this town their firit charter of incor- -
poration. But thefe were all defiroyed by the fall of
this chapel in 1730. Here is a good market for corn,
Kingston upon Hull, a town in the eaft ridinu of
York lime, 173 miles, from London. Its common name '
is limply Hull, and it is fituated at the conflux of the
rivers Hull and Humber, and ntUr the place where
t e latter opens into the German ocean. It lies fo
low, that by cutting the banks of the Humber the
country may be laid, under water for five miles round.
1.0wards the land it is defended by a wall and a ditch
with the farther fortification of a caftle, a citadel, and -
blockhoufe. Hull has convenient docks for the {hip¬
ping that frequent this port. The firfi dock was com¬
pleted fome years ago. The town is large and po¬
pulous, containing two churches, feveral meeting
houies, a free fchool, a charity fchool, and fomC
nofpitalSi Among the latter is one called Trinity
houfe, m which are maintained many diftrefled feamen
both of Hull, and other places, that are members of
its port. It is governed by 12 elder brethren and fix
affiilants j out of the former are chofen annually two
wardens, and out of the younger brethren twm ftew-
ards 5 they determine queftions between mafters and fea¬
men, and other fea matters. A handfome infirmary
has lately been ere&ed without the town to the north.
Here are alfo an exchange and a cufiomhoufe, and
over the Hull a w’ooden draw-bridge. A good harbour
was made here by Richard II. This town has not
only the moft confiderable inland traffic of any port in
the north of England, but a foreign trade fuperior to
any in the kingdom, excepting the ports of London,
Bnftol, Liverpool, and Yarmouth. By means of the
many large rivers that fall into the Humber, it trades
to almoft every part of Yorkffiire, as well as to Lin-
colnffiire, Nottinghamffiire, Staffordftiire, Derbyffiire,
and Chefhire : the commodities of w’hich counties are
brought hither, and exported to Holland, Hamburgh,
France, Spain, the Baltic, and other parts of Europe.
In return for thofe, are imported iron, copper, hemp,
flax, canvas, Ruffia linen and yarn, befides wine, oil,
fruit, and other articles. Such quantities of corn are
alfo brought hither by the navigable rivers, that Hull
exports more of this commodity than London. The
trade of Hull wuth London, particularly forlorn, lead,
and butter, and with Holland and France, in times of
peace, for thofe commodities, as well as for cloth, ker-
feys, and other manufaftures of Yorkftiire, is very con-
fiderahle. In 1803 the number of {hips belonging to Hull,
employed in the Greenland and Davis’s ftraits whale
fifiiery, amounted to 4c. The mayor of Hull has two
fwords, one given by King Richard II. the other by
Henry VIII. but only one is borne before him at a
t ime •, alfo a cap of maintenance, and an oar of lignum
vitie
KIN [ 465 ]
KIP
Kingfton vitae as a badge of bis admiralty jurlfdiction within the
II limits of the Humber. This town gave title of earl to
^ Kinfale. ^ R0bert Pierpontof Holme Pierpont, Vifcount Newark,
created in the 4th of Charles I. and afterwards that of
duke in the fame family. The laft duke of King lion
died in 1773, and the title became extinfl.
Kingston, a town of Ireland, in the province of
Leinfler, and capital of King’s county. W. Long. 7.
20. N. Lat. 53. 15. It is otherwife called Philips-
Town.
Kingston, a town of Jamaica, feated on the north
fide of the bay of Port Royal. It was founded in the
year 1693, when the repeated defolations by earth¬
quake and fire had driven the inhabitants from Port
Royal. It extends a mile from north to fouth, and
about as much from eaft to weft, on the harbour. It
contains about 3000 houfes, befides negro houfes, and
warehoufts. The number of white inhabitants in 1788
tvas about 7000 j of free people of colour 3000 5 and
of flaves, about 16,000. It is the county town, where
the aftizes are held, in January, April, July, and Oc¬
tober, and laft about a fortnight. It is a place of great
trade. W. Long. 76. 52. N. Lat. 17. 50.
KINGTON, or Kyneton, a pretty large town in
Herefordfhire, 146 miles from London. It is fitua-
ted on the river Arrow, and is inhabited chiefly by
clothiers, who drive a confiderable trade in narrow
cloth. It has a confiderable market for corn, cattle,
leather, home made linen and woollen cloth, and all
foits of provifions.
KINNOR, or Chinnor. See Chinnor.
KINO, a gum relin. See Materia Medica
Index.
KINROSS, the county town of Kinrofsftiire in Scot¬
land, fituated in W. Long. 3. 7. N. Lat. 56. 15. on
the w-eft fide of Lochleven, a frefh water lake about 10
miles in compafs, abounding with pike, trout, perch,
and water fowl. The manufadftures are linen and fome
cutlery ware. 1 he houfe of Kinrofs, an elegant an¬
cient ftruflure, ftands on the north fide of the town.
Kinrofs fends a member to parliament by turns with
Clackmannan. In the lake are two iflands \ on one
of which appear the ruins of a priory, heretofore pof-
feiTed by the Culdees; the other is famous for the
caftle in which Queen Mary was imprifoned by her re¬
bellious fubjedts.
The following is the population of this county ac-
* Statifi. cording to its pariflies *.
Hift.
Parijhes'
Cleifti
Kinrofs
Orwell
Portmoak
Population Population in
in 1750—1798.
692 6t3
!3IO 1839
1891 1705
969 U05
4889 53^2
4889
Increafe' 413
KINSALL, a town of the county of Cork in Ire¬
land, fituated at the mouth of the liver Ban or Jdan-
don, 136 miles from Dublin. It is reckoned the third
town in the kingdom, and inferior only to Cork in
VOL. XL Part II.
point of trade. It is neat, wTell built, and wealthy ;
and is governed by a fovereign and recorder. It is de¬
fended by a ftrong fort built by King Charles II. call¬
ed Charles'1 s fort; and on the oppofite fliore there are
tivo well-built villages, called Cove and Scill!/. In the
town and liberties are 6 pariihes, 30 plough lands, and
therein 6846 acres, and the population amounts to
10,000. The barracks hold 12 companies of foot, be¬
fides a regiment at Charles’s fort. In the centre of'the
town is a good market-houfe, and near it a ftrong built
prifon ; and there are fcattered up and down the ruins
of feveral monafteries and religious houfes. In time of
war Kinfale is a place of much buiinefs, being then fre¬
quented by rich homeward bound fleets and ftiips of
war, for which reafon moft of the houfes are then let
at double rents. The harbour is very commodious,
and perfetftly fecure; fo large that the Englilh and
Dutch Smyrna fleets have anchored in it at the fame
time. There is a dock and yard for repairing ftiips of
wrar, and a crane and gun vyharf for landing and (hip¬
ping heavy artillery. Ships may fail into or out of this
harbour, keeping in the middle of the channel, with
the utmoft fafety. Within the haven on the weft fide
lies a great ftielf, which (hoots a great way off from
the land 5 but leaves an ample pafiage by the fide of it,
in which, as in all the reft of the harbour, it is many
fathoms deep. Lord Kinfale has the ancient privilege
or keeping his hat on in the king’s prefence. Kinfale
gives the title of baron to the very ancient family of
Courcy, lineally defeended from John de Courcy earl
of Ulfter, who from him have the privilege to be co¬
vered in the prefence of the king of England.
KINTORE, a royal borough of Aoerdeenfliire in
Scotland, fituated on the river Don, in W. Long. 2. 5.
N. Lat. 57. 38. It gives the title of earl to a branch
of the noble family of Ke-ith, but in other refpecls is
inConfiderable.
KINTYRE. See Cantire.
KIOF, or Kiow, a confiderable town of Poland,
and capital of the Ukrain, in the palatinate of the lame
name, with an archbifliop’s fee and caftle. It be¬
longs to Ruflia, and carries on a confiderable trade.
It is divided into the Old and New Town, and feated
on the river Nieper, in E. Long. 31. 51. N. Lat. 50.
12.
KIPPIS, Andrew, a learned and eminent Englilh
non-conformift divine and biographer, was born at
Nottingham, on the 28th of March 1725. On the
death of his father, he was removed to Sleaford in Lin-
colnfliire at five years of age, where he received his
grammar education, and gave fuch early proofs of ta¬
lents and progrefs, as attra&ed the notice of Mr Mer-
rivale, the pallor of a congregation of diffenters at that
place, lo this excellent man* it w;as probably owing
that young Kippis direfted his views to the profeflion
of a diffenting minifter, and to thofe ftudies in which
he afterwards fo much excelled. In 1741 lie was
placed in the academy at Northampton, under ,the tui¬
tion 01 the celebrated -Or Doddridge, a femmary at
that time in high reputation. Of the advantages which
this in ft i tut ion afforded him, Mr Kippis knew how to
make the beft improvement, and his regular conduct
and proficiency fecured him the efteem of his worthy
tutor. Having completed his courfe of ftudies in five
years, he was invited to a diffenting congregation at
3 N Dorcheftef,
KIP [ 466 J KIP
■Kippk DurcheHer, 'but u'e gave the preference to a fimilar call
^ from Boflon in Lincolnlhire in 1746, where he remain¬
ed till 1750, removing from thence to Dorking in
Surry, and two years after to Long Ditch, Weftmin-
fler, in the room of Dr Hughes deceafed. This was in
Oflober 1753, and in the preceding month lie married
Mils Elizabeth Bott, the daughter of a merchant at
Bofton.
The fituation, for which Mr Kippis wras eminently
qualified by his extenfive abilities, being now re-
fpedfable, introduced him to ufeful and honourable
conne&ions. He became a manager of the prefbyteri-
an fund for the alTidance of poor congregations in the
country in fupporting their miniilers, and in 1762 he
tvas chofen a member of Dr Williams’s trull, nearly
for fimilar purpofes, together wdth the dodfor’s valuable
library, which afforded him opportunities of very ex¬
tenfive ufefulnefs. In 1762, he fignified among his
friends his defign of taking private pupils, and w7as on
the eve of entering into engagements with the parents
of two or three young gentlemen, when a more honour¬
able although a lefs lucrative employment was offered
him. He was appointed claffical and philological tutor
in Coward’s academy, an office which he filled for up¬
wards of 25 years with uncommon reputation to him-
felf, and unfpeakable advantage to his fludents. He
received the degree of D. D. from the univerfity of
Edinburgh, by the unfolicited recommendation of the
learned Profelfor Rubertfon in 1767 *, in 1778 he was
made a member of the Antiquarian, and in 1779 a
fellow' of the Royal Society.
His literary engagements growing extremely numer¬
ous, in 1784 he was obliged to refign his appointment
in Coward’s academy, which wTas difcontinued in the
fubfequent year. In 1786, attempts were made to
effabliffi a new academy in the vicinity of London $ a
defign which Dr Kippis exerted all his influence to ac-
complifh $ and although his numeious engagements
made it extremely difficult for him to fill any depart¬
ment in it, he reluflantly yielded to the wiffies of the
fubfcribers, and became a tutor. But the inconveni¬
ence arifing from the diffance of Hackney from his
place of refidence, made him refign that office in a
iewr years. His profeffional duties and private fludies
occupied his time after this period ; and as he enjoy¬
ed an uninterrupted ftate of good health and conffitu-
tional vigour, made his friends hope that his life and
ufefulnefs w ould be long continued •, but in confequence
of a cold which he caught on a journey, he was feized
with a fever which no medical knowledge could fub-
due, and he died on the 5th of October 1795, in the
71ft year of his age.
Dr Kippis was dillinguilhed in a high degree for
thofe virtues and accompliffiments which are univerfal-
3y allowed to be the chief ornaments of human nature.
His temper wras mild and gentle, benevolent and can¬
did his manners and addrefs were eafy, polilhed and
conciliating. Notwithllanding his great reputation, he
was void of pride, vanity, and felf-conceit ; he was
humble, modeft, affable and engaging. The powers
and vigour of his mind were far above mediocrity •, he
had a found judgement, a comprehenfive underftand-
jng, corredl imagination, retentive memory, a refined
tafte, and he could exert his faculties on any fubjedl
with the utmoll facility. He was an early rifer from Kirch
his youth, to which in a great meafure his good Health . . l! .
may be afcribed. He excelled in his acquaintance
writh the claffics, belles-lettres, hiffory, and biography.
He was the Heady triend and advocate of genuine civil
and religious liberty and as a divine, he w'as well ac¬
quainted with the different branches of theology, and
with thofe fubjecls which are fubfervient to the critical
ftudy of the Scriptures. lie very feldom introduced
controverted topics into the pulpit, but confined himfelf
to fuch doctrines and duties as have an immediate in¬
fluence on the temper and practice.
His works are numerous and valuable, of which we
give the following as a fpecimen : Review of the Tranf-
a£tions of the prefent Reign ; The Hiftory of Learn¬
ing, Knowledge, and Tafte in Great Britain ; A Vin¬
dication of the Proteftant Diffenting Minifters, with
regard to their late application to Parliament ; Con-
fiderations on the Provifional Treaty with America,
and the Preliminary Articles of Peace with France and
Spain 5 the Life of Sir John Pringle •, Six Difcourfes
delivered at the Royal Society, on affigning the Copley
Medal ; the Life of Captain James Cook, of Dr
Lardner, and Dr Doddridge j Sermons preached on
public occafions •, Biographia Britannica, Stc. &c. This
laft great work, which he did not live to finifti, lias af-
figned him a high rank among the learned of his coun¬
try, and will tranfmit his name to pofterity with diftin-
guifhed reputation.
KIRCH, Christian-Frederic, of Berlin, a cele¬
brated aftronomer, wras born at Guben in 1694, and
acquired great reputation in the obfervatories of Dant-
zic and Berlin. Godfrey Kirch his father, and Mary
his mother, acquired confiderable reputation by their
aftronomical obfervations. This family correfponded
with all the learned focieties of Europe, and their aftro¬
nomical w'orks are in fome repute.
KIRCHER, Athanasius, a famous philofopher
and mathematician, was born at Fulde in 1601. In
16 J 8, he entered into the fociety of the Jefuits, and
taught philofophy, mathematics, the Hebrew and
Syriac languages, in the univerfity of Witzburg, with
great applaufe, till the year 1631. He went to France
on account of the ravages committed by the Swedes
in Franconia, and lived fome time at Avignon. He
was afterwards called to Rome, where he taught ma¬
thematics in the Roman college, collefted a rich ca¬
binet of machines and antiquities, and died in 1680.—
The quantity of his works is immenfe, amounting to
22 vols in folio, II in quarto, and 3 in 8vo ; enough
to employ a man for a great part of his life even to
tranferibe them. Moft of them are rather curious than
ufeful 5 many of them vifionary and fanciful j and if
they are not always accompanied with the greateft ex-
acElnefs and preciflon, the reader, it is prefumed, will
not be aftonilhed. The principal of his works are, 1.
Prcelujiones magnetics. 2. Primitive gnomonicce catop-
triccv. 3. Ars viagna lucis et umlrce. 4. Mufurgia
univerfa/is. 3. Obelifcus Pamphihus. 6. Oedipus JE-
gi/ptiacuSy four volumes, folio. 7. llineranum ex tat i-
cum. 8. Obelifcus JEgyptianus, in four volumes folio.
9. Mundus fubterraneus. 10. China illuflrata.
KIRIATHAIM, in Ancient Geography, one of
the towns built by the Reubenites j reckoned to the
tribe
VLiriatVi-
Arba
il
Kirkby-
Thore.
KIR [4
tribe of Reuben (Jofbua xiii.), 12 miles to tbe weft of
Midaba. The ancient refidence of the giants called
Emim.
KIRIATH-arba. See Hf.brok.
i KiRiATH-Baal, or Cariath-Baa/, called alfo Kiriath-
jearitn, “ the city of tbe woods ; one of the cities of
the Gibeonites, belonging to tbe tribe of Judah, nine
miles from TEHa, in the road to Giofpolis. It was
alfo called Baala (Joflrua.) 'I he ark of the covenant,
after its recovery from the Philiftines, flood for fome
time in this city (1 Sam. vii.)
KIRK, a Saxon term, fignifying the fame with
church.
KiRK-SejJions, the name of a petty ecclefiaftical ju¬
dicatory in Scotland. Each parifh, according to its
extent, is divided into feveral particular diftriffs •,
every one of which has its own elder and deacon to
overfee it. A confiftory of the minifters, elders, and
deacons of a parifh, forms a kirk-feflion.—Thefe meet
once a-week, the minifter being their moderator, but
without a negative voice. It regulates matters relat¬
ing to public worfhip, catechifing, vifitations, &c.
It judges in lefler matters of fcandal •, but greater,
as adultery, are left to the prefbytery ; and in all
cafes an appeal lies from it to the prefbytery. Kirk-
feffions have likewife the care of the poor and poor’s
funds.
K1RKALDY, a town of the county of Fife in
Scotland, two miles to the north-eaft of Kinghorn.
It is a royal borough, the feat of a prefbytery, and
gives the title of baron to the earl of Melvill. The
town is populous, well built, and extends a mile in
length from eaft to weft, enjoying a confiderable trade
by exporting its own produce and manufacfures of
corn, coal, linen, and fait. W. Long. 3. o. N. Lat.
56. 8.
KIRKBY-Lonsdale, a town of Weftmorland,
2^3 miles from London. It is a large place, with a
woollen manufadlory, and a market on Fuefday. It
has a free fchool well endowed, with three prefenta-
tions to Chrift’s college Cambridge. It has a large
church, and a good ftone bridge of three arches over
the Lon. From its churchyard and the banks of the
river, there is a very fine profpeft of the mountains
at a vaft diftance, as well as of the courfe of the river,
which abounds with falmon, trout, &c. and provifions
of all forts are very cheap here.
KiRKfr-Stevcn, or Stephen's Church, a town of
Weftmorland, 257 miles from London, Hands on the
river Eden near Sedbergh and Afgarth. The church
is a large building with a lofty tower ; in it are feve¬
ral old monuments. Here is a good free fchool that
has two exhibitions. The town is noted for the ma-
nufaflory of yarn ftockings 5 and it has a market and
a fair.
KiRtBr-Thore, a town of Weftmorland, Hands al¬
fo on the river Eden, north-weft of Appleby, 267 miles
from London. A horn of a moofe deer was found
here a few years fince, at the depth of four feet from
the furface of the earth : and feveral other antiquities
have been dug up or taken out of a well, difcovered
at the end of the town near the bridge. Below it are
the vaft ruins of an ancient town, wdiere Roman coins
and urns are frequently dug up. The people call it
IVhehj caJUe, 300 yards in length, and 150 in breadth,
67
] KIR
with three entrances on each fide, with bulwarks be¬
fore them. At a little diftance from thence Roman
urns are found, containing bones and aihes. The old
military way runs through it, called the Maiden-way,
becaufe it began at Maiden-caftle in Stainmore in
Yorkfhire, north riding.
KIRKCUDBRIGHT, county or flewartry of, makes
a confiderable part of Gallotvay, and of which the earls
of Nithifdale were hereditary ftewards. It is 45 miles
long and 30 broad, and with Wigtonihire formed the
ancient province of Galloway. The face of the country
exhibits the appearance of one continued heath, pro¬
ducing nothing but pafture for ftieep and fmall black
cattle, which are generally fold in England *, yet thefe
dufky moors are interfered with pleatant valleys, and
adorned with a great number of caftles belonging to
private gentlemen, every houfe being furrounded wdth
an agreeable plantation. It is watered by the river
Dee *, wdiich, taking its rife from the mountains near
Carrick, runs through a traft of land about 70 miles
in length, and, entering the Iriftr fea, forms the har¬
bour of Kircudbright, a borough towm, well fituated for
the filhery and other branches of commerce. There is
no other torvn of any confequence in this ftewartry.
Kircudbright gives title of baron to the Maclellans, for¬
merly a powerful family in th$ county. The popula¬
tion of this county, according to its parifhes, is the fol¬
lowing.
R.rkcud-
bright,
Kirkham.
PariJljes.
I Anwoth
Balmaclellan
Balmacghie
Borg
5 Buittle
Carfefairn
Colvend
Crofmichael
Dairy
10 Girthon
Irongray
Kells
Kelton
Kirkbean
15 Kirkcudbright
Kirkgunion
Kirkmabreck
Kirkpatrick Durham
Lochrutton
20 Minigaff
Newabbay
Orr
Parton
Berwick
25 Terregles
T roqueer
Tun gland
28 Twynhame
Population
in 1795.
531
534-
697
697
899
609
898
612
891
367
895
784
811
529
i5l3
489
858
699
564
1209
634
1 !93
396
1051
397
1391
537
5i9
Population in
1750—1798.
495
495
862
771
855
461
964
772
1100
1730
762
869
1600
660
2295
520
1088
1000
528
1420
649
1354
409
1050
510
2600
520
620
* Staii/J.
Hijt.
21,205 26,959
21,205
Increafe
5754
KIRKHAM, a town of Lancafhire, 221 miles
3 N 2 from
\
[ 4-68 ] KIR
irkdwfcd*om London, (lands near the Kibble, fix miles from
Kirfti nfius. ^ ^ea» 'n t^13t Part t^ie county called the
> 1- Field land';. It has a market and three fairs, and a
free fchool well endowed. By means of inland naviga¬
tion, it has a communication with the rivers Meriev,
Dee, Kibble, Oufe, Trent, Darwent, Severn, Hum¬
ber, Thames, Avon, &c. which navigation, including
its windings, extend/s above 500 miles, in the counties
of Lincoln, Nottingham, York, Weilmorland, Chef-
ter, Warwick, Leicefter, Oxford, Worcefter, &c.
KIRKOSW ALD, a town of Cumberland on the
Eden, 291 miles from London. It had formerly a
caftle, which was demolithed above 1 co years ago. It
has a market and two fairs. Its church is a very irre¬
gular old building ; and the belfry is. placed diilant
from the church on the top of a hill, that the found
of the bells might be more ealily heard by the circum¬
jacent villages,
KIRKWALL, the capital of the Orkneys, fituat-
ed in the ifland of Pomona, in W. Long. o. 25. N. Lat.
58. 33. It is built upon an inlet of the fea near the
middle of the ifland, having a very fafe road and har¬
bour for (hipping. It is a royal borough, governed
by a provoll, baillies, and common council. It
was formerly poffcfled by the Norwegians, who be¬
llowed upon it the name of Crucoviaca. From King
James III. of Scotland they obtained a new charter,
empowering them to eleft their own magiflrates year¬
ly, to hold borough courts, arrell, imprifon, make
laws and ordinances for the right government of the
town } to have a weekly market, and three fairs an¬
nually at certain fixed terms: he moreover granted
to them fome lands adjoining to the town, with
the cultoms and (hole dues, the power of pit and
gallows, and exempted them from the expence of
fending commiffioners to parliament. This charter
has been confirmed by fucceeding monarchs. At pre¬
lent Kirkwall is the feat of juflice, where the (leward,
(heriff, and commiiTary, hold their feveral courts of ju-
rifdiflion : Plere is likewife a public grammar fchool,
endowed with a competent falary for the mafter. The
town confifts of one narrow (Ireet about a mile in
length ; the houfes are chiefly covered with (late,
though not at all remarkable for neatnefs and con¬
venience.—The principal edifices are the cathedral
church and 'the bifliop’s palace. The former, called
St Magnus, from Magnus king of Norway, the fup-
pofed founder of the town, is a large Gothic (Iruc-
ture : the roof is fupported by 24 pillars on each
fide, and the fpire is built upon four large columns.
The gates are decorated with a kind of mofaic work,
of red and white (lones elegantly carved and flowered.
By the ruins of the king’s caftle or citadel, it ap¬
pears to have been a ftrong and (lately fortrefs. At
the north end of the town a fortification was built by the
Englilh in the time of Oliver Cromwell, but it is now
v in ruins. It is furrounded wdth a ditch and rampart,
and dill mounted wdth feme cannon for the defence of
the harbour.
KIRSTENSIUS, Peter, profeflbr of phyfic at
Upfal, and phyfician extraordinary to the queen of
Sweden, was born at Breftaw in 1577. He ftudied
Greek, Latin, Hebrew, Syriac, natural philofophy,
anatomy, botany, and other fciences. Being told that
a roan could not diftinguifh himfelf in phyfic unlefs
-‘e underftooo Avicenna, he applied himfelf to the Klrtle
(tudy of Arabic 5 and not only to read Avicenna, but .. 11
alfo Meme, Rhafis, Abenzoar, Abukafis, and Aver-
roes. He viftled Spain, Italy, England, and did "" v
i c t re.urn Pome from his travels till aiter (even years.
He was choien by the magi Unites of B re flaw to have
the direction of their college and of their fchools. A
fitter ficknefs having obliged him to refign that diffi¬
cult employment, with which he was alio much dif-
gufled, he applied hiirdelf chiefly to the practice of
phyfic, and went with his family into Prufiia. Here
he obtained the friendftiip and efteem of the chancellor
Oxenltiern, whom he accompanied into Sweden ;
where he was made profcllor of phyfic in the univer-
fity of Upfal, and phyfician to the queen. He died
iii 1640. It is faid in his epitaph, that he underfiood
26 languages. Pie wrote many wmrks ; among which
aie, 1. Liber fecundus Canoms shneennee, tyf>is Arabicis,
ex MSS. editus, et ad verbum in Latinum tranjlatus, in
folio. 2. Deyero ufu et abufu Medicinal. 3. Gram-
matica Arabica, folio. 4. V\tce quatuor Evange/ifla-
runL e* antiquiffmo codice MSS. Arabico enitcc, in folio.
5- Note in Evange/ium S. Matthai, cx collationc textuum
Arabicorum, Syriacorum, Egyptiacorum, Grecorum, et
Latinorum, in folio, &c.
Pie ought not to be confounded with George Ker-
Jlenius, another learned phyfician and naturalifi, who
was born at Stettin, and died in 1660 j and is alfo the
author of feveral works.
KIRTLE, a term ufed for a (hort jacket; alfo for
a quantity of flax about a hundred weight.
KIRTON, or Kirkton, a town of Lirwolnfliire,
151 miles from London. It had its name from its
kirk or church, which is truly magnificent. It has a
market and two fairs. This place is famous for the
pippin, which, wffien grafted on its (lock, is called
the rennet.' It gives name to its hundreds, in which
are four villages of the fame name.
KISSER, the ancient Colonia Afluras in Africa,
as appears from many inferiptions dill to be met with
in the place. Here is a triumphal arch done in a very
good tafte : there is alfo a fmall temple of a fquare fi¬
gure, having feveral inftruments of facrifice carved
upon it 5 but the execution is much inferior to the
defign, which is very curious. The town is fituated
in the kingdom of Tunis, on the declivity of a hill,
above a large fertile plain •, wdiich is dill called the
plain of Surfo, probably from its ancient name Af-
furas.
KISSING, by way of falutation, or as a token of
refpect, has been pra6lifed in all nations. The Ro¬
man emperors faluted their principal officers by a kifs.
Killing the mouth or the eyes wras the ufual compli¬
ment upon any promotion or happy event. Soldiers
kiffed the general’s hand when he quitted his office.
Fathers, amongft the Romans, had (o much delicacy,
that they never embraced their wives in the prefence
of their daughters. Near relations w^ere allowed to
kifs their female kindred on the mouth : but this was
done in order to know wffiether they fmelt of wine or
not; becaufe the Roman ladies, in fpite of a prohibi¬
tion to the contrary, were found fometimes to have made
too free with the juice of the grape. Slaves killed their
mailers hand, who ufed to hold it out to them for
that purpofe. Kiffing was a cuftomary mode of falu¬
tation
K I S [ 460 ] K L% E
KiAi. tatlon araongft tlie Jews, as we may collt£i: from the
circumltance of Judas approaching his Mafter with a
kifs. Relations ufed to kifs their kindred when dy¬
ing, and when dead ; when dying, out of a ftrange
opinion that they fliould imbibe the departing foul 5
and when dead, by way of valedictory ceremony. They
even kified the corpfe after it was conveyed to the pile,
when it had been feven or eight days dead.
KISTI, an Aliatic nation, which extends from the
* Memoir ri^ge Caucafus, along the Sondiha rivulets.
efa map of According to Major Rennel *, they are bounded to
tie countries the weft by the little Cabarda, to the eaft by the Tar-
tomprehend- tars and I.efguis, and to the fouth by the Lefguis
3n^ Georgians. He imagines they may be the people
Sea and the v‘^nm Gaerber calls the Tauluvx,i, i. e. “ mountaineers,”
Cafpian. anc^ whom he attributes the following ftrange cu-
ftom :—“ When a gueft or ftranger comes to lodge
with them, one of the holt’s daughters is obliged to
receive him, to unfaddle and feed his horfe, take care
of his baggage, prepare his dinner, pafs the night with
him, and continue at his difpofal during his ftay. At
his departure, (he faddles his horfe and packs up his
baggage. It would be very uncourtly to refufe any
of thefe marks of hofpitality.” The different tribes of
this refllefs and turbulent nation arc generally at va¬
riance with each other, and with all their neighbours.
I heir dialefts have no analogy with any known lan¬
guage, and their hiftory and origin are at prefent ut¬
terly unknown.
Their diflri&s, as enumerated in Major Rennel’s Me¬
moir, are, 1. Ingufhi, about 60 miles to the fouthw'ard
of Mofdok, in the high mountains about the Kum-
belei. 2. Kndery ; and, 3. Axai, on a low ridge be¬
tween the Sundlha and laxai rivers. In their terri¬
tories are the hot rvells. 4. Ackinyurt towards the
upper part of the Sundfha and Kumbelei. 5. Ardakli,
on the Rofhni that joins the Sundfha. 6. Wapi, near
tire Offetin village 1 ihim, towards the fource of the
1 erek. 7. Anguflit, on the upper part of the Kum¬
belei. 8. Shaikha, called by the Ruffians Maloi An-
gufht. 9. I hetflien, on the lower part of the Argun
river. 10. Atakhi, a fmall diffried on the upper part
of the xA.Fgun. 11. Kulga, or Hfhanti, in the high
mountains. 1 2. Galgai, or Halha, about the fource of
tire Afai, a Sundfha rivulet. 13. Tlhabrilo, and Sha-
hul, on the Sundlha. 13., Tlhifhni-Kabul, on the
Rofhni, a Sundfha rivulet. ly. Karaboulak, a wan¬
dering tribe, who have their little villages about the
fix uppermoft rivulets of tne Sundlha, particularly the
Fortan. 16. Meeffi, Meredlhi, Galafhka, and Dufean.
are fmall tribes on the Axai.
I he Ingufhi, or firft of the above tribes, fubmitted
to Ruffia in I773* 1 hey are capable of arming about
5000 rceis; they call themfelves Ingujhi, Kijli, or Halha;
they live in villages near each other, containing about
20 or 30 houfes ; are diligent hufbandmen, and rich
in cattle. Many of their villages have a ft'ofre tower,
which ferves in time of war as a retreat to their women
and children, and as a magazine for their effedis.
1 hefe people are all armed, and have the cuftom of
wearing fhields.— Their religion is very fimple, but
has fome traces of Chriilianity : They believe in one
God, whom they call Dai/e\ but har e no faints or re¬
ligious perfons 5 they celebrate Sunday, not by any re¬
ligious ceremony, but byrefting from labour j they have Kit
a faff: in fpring, and another in fummer j they obferve H
no ceremonies either at births or deaths; they allow 0f K-‘einhr'
polygamy, and eat pork. One kind of facrifice is
umal among them : at certain times a flieep is killed by
a perfon who feems to be confidered as a kind of prieff,
as he is obliged to live in a ftate of celibacy. His ha¬
bitation is in the mountains, near an old done church,
which is faid to be adorned with various ftatues and in-
feriptions. Under the church is a vault that contains
certain old books, which, however, no one ever at¬
tempts to approach. Mr Guldenftaedtff was pre- \
rented by the uTeather from vifiting this church. n° 1
The 6th, 7th, and 8th tribes, which were formerly1
tributary to the Cabardean princes, fubmitted to Ruf¬
fia in 1770. I he 9th, Tfhetfhen, is governed by its
own chiefs, who are related to the Avar-Khan. This
tribe is fo numerous and warlike, and lias given the
Ruffians fo much trouble, that its name is ufually given
by them to the whole Kifti nation. The chief village
of Ithetfhen lies on the Argun, about 15 miles from
its mouth. Its other principal villages are Hadfliiaul
and langejent, both on the Sundfha.
KIT, in Mujic, the name of a fn;all violin of fuch
form and dimenfion as to be capable of being carried
in a cafe or fheath in the pocket. Its length, mea-
furing from the extremities, is about 16 inches, and
that of the bow about 17. Small as this inftrument
is, its powers are co-extenfive with thofe of the violin.
Kir-Kat Club, an affociation of above 30 noblemen
and gentlemen of diftinguifhed merit, formed in
purely to unite their zeal in favour of the Proteffant
fucceflion in the houfe of Hanover. Their name was
derived from Chriftopher Kat, a paltry cook, near the
tavern where they met in King’s ffreet, Weftminfter,
vho often iupplied them with tarts. Olcl Jacob Ton-
Ton was their bookfeller; and that family is in poffef-
fion of a picture of the original members of this fa¬
mous club, painted by Sir Godfrey Kneller. The de-
fign of thefe gentlemen was to recommend and encou¬
rage true loyalty by the powerful influence of wit and
humour ; and Sir Samuel Garth diitinguifhed himfelf
by the extempore epigrams he made on their toafts,
which were inferibed on their drinking glaffes.
_ KITCHEN, the room in a houfe where the pro-,
vifions are cooked.
_ Army Kitchen, is a fpace of about 16 or 18 feet
diameter, with a ditch furrounding it three feet wide 5
the oppofite bank of which ferves as a feat for the men
who drefs the vitJuals. The kitchens of the flank com¬
panies are contiguous to the outline of the camp ; and
the intermediate fpace is generally diilributed equally
for the remaining kitchens •, and as each tent forms a
mefs, each kitchen muff have as many fire places as
there are tents in the company.
Kitchen Garden, a piece of ground laid out for the
cultivation of fruit, herbs, pulfe, and other vegetables,
ufed in the kitchen. See Gardening.
KITE. See Falco, Ornithology Index.
Kil TIWAKE. See Larus, Ornithology In¬
dex.
KIU-hoa. See Parthenium, Botany Index.
K1 UN TCHEou-rou. See Hai Nan.
KLEINHOVIA, a genus of plants belonging to
the
K L E [ 470 ] K L O
tne gynanuria clafs, and in the natural method rank¬
ing under the 37th order, Columnfcrcc. See Botany
Imh-x.
KLEIST, Edward Christian de, a celebrated
German pcet, and a foldier of diftinguithed bravery,
was born at Zeblin, in Pomerania, in 17 {5. At nine
years of age he was fent to purfue his ftudies at
Cron in Poland ; and he afterwards ftudied at Dant-
zic and Koninglberg. Having finilhed his fludies, he
went to vifit his relations in Denmark, who invited
him to fettle there \ and having in vain endeavoured
to obtain preferment in the law, at 21 years of age
accepted of a poll in the Danilh army. He then ap¬
plied himfelf to the fludy of all the fciences that have
a relation to military affairs, with the fame afliduity
as he had before ftudied civil larv. In 1740, at the
beginning of the reign of Frederic king of Pruffia,
Mr de Kleift went to Berlin, and was prefented to
his majefty, who made him lieutenant of his brother
Prince Henry’s regiment 5 and he was in all the cam¬
paigns which diftinguiflied the five firft years of the
king of Pruftia’s reign. In 1749 he obtained the poll
of captain \ and in that year publifhed his excellent
poem on the Spring. Before the breaking out of the
laft war, the king chofe him, with fome other officers
at Potfdam, companion to the young Prince Frede¬
ric William of Pruffia, and to eat at his table. In
the firft campaign, in 1756, he was nominated major
of Haufen’s regiment $ which being in garrifon at
Leipfic, he had time to finifti feveral new poems.
After the battle of Rofbach, the king gave him, by
an order in his own handwriting, the infpedlion of the
great hofpital eftablifhed at Leipfic. And on this
occafion his humanity was celebrated by the fick and
wounded of both parties, and his difintereftednefs was
equally admired by all the inhabitants of that city.
In 1758, Prince Henry coming to Leipfic, Mr Kleift
defired to ferve in his army with the regiment of Hau-
fen, which was readily granted. Opportunities of di-
ftinguiffiing himfelf could not be wanting under that
great officer, and he always communicated his cou¬
rage to the battalion under his command. He alfo
ferved that prince at the beginning of the campaign of
1759, when he was with him in Franconia, and in all
the expeditions of that army, till he was detached with
the troops under General de Fink to join the king’s
army. On the 12th of Auguft was fought the bloody
battle of Kunnerfdorf, in which he fell. He attacked
the fiank of the Ruffians, and affifted in gaining three
batteries. In thefe bloody attacks he received twelve
contufions ; and the two firft fingers of his right hand
being wounded, he was forced to hold his fword in
the left. His poll of major obliged him to remain
behind the ranks} but he no fooner perceived the
commander of the battalion wounded and carried away,
than he inftantly put himfelf at the head of his troop.
He led his battalion in the midft of the terrible fire
of the enemy’s artillery, againft the fourth battery.
He called up the colours of the regiment ; and, tak¬
ing an enfign by the arm, led him on. Here he
received a ball in his left arm •, when, being no longer
able to hold his fword in his left hand, he took it
again in the right, and held it with the tw-o laft fingers
and his thumb. He ftill puftied forward, and was
within thirty fteps of the battery, when his right leg
1
wTas ihattered by the wadding of one of the great Kfopfiodr,
guns •, and he fell from his horfe, crying to his men,
“ My boys, don’t abandon your king.” By the af-
fiftance of thofe who furrounded him, he endeavoured
tvvice to remount his horfe ; but his ftrength forfook
him, and he fainted. He was then carried behind the
line ; where a furgeon, attempting to drefs his wounds,
wras (hot dead. The Coffacks arriving foon after,
ftripped Mr Kleift naked, and threw him into a
miry place ; where fome Ruffian huffars found him
in the night, and laid him upon fome ftraw near the
fire of the grand guard, covered him with a cloak, put
a hat on his head, and gave him fome bread and wra-
ter. In the morning one of them offered him a piece
of filver, which he refufed j on which he toffed it up¬
on the cloak that covered him, and then departed with
his companions. Soon after the Coffacks returned, and
took all that the generous huffars had given him. Thus
he again lay naked on the earth •, and in that cruel
fituation continued till noon, when he was known by
a Ruffian officer, who caufed him to be conveyed in
a waggon to Frankfort on the Oder \ where he arriv¬
ed in the evening, in a very wreak ftate, and was in¬
ftantly put into the hands of the furgeons. But the
fraclured bones feparating, broke an artery, and he
died by the lofs of blood. The city of Frankfort be¬
ing then in the hands of the enemy, they buried this
Pruffian hero with all military honours : the governor,
a great number of the Ruffian officers, the magiftrates
of the city, with the profeffors and the ftudents, form¬
ed the proceffion, preceded by the funeral mufic. Mr
Kleift’s poems, which are greatly admired, are ele¬
gantly printed in the German tongue, in two vo¬
lumes 8vo.
KLOPSTOCK, Frederic Theophilus, who was
born at Quedlinburg in 1724, was the greateft and
moft juftly celebrated of the German poets. His father
was a man of an elevated character, and a magiftrate
of that place, who afterwards farmed a bailiwick in
the Brandenburg part of Mansfeld. Klopftock was
the oldeft of eleven children, and having received the
rudiments of education at home, he was put to the
public fchool of Quedlinburg, where he foon became
confpicuous both for bodily and mental exercifes. He
went to the college of the fame place at the age ot
fixteen, where, under the tuition of an able teacher,
he obtained a knowledge of, and tafte for, the beauties
of the beft claffical authors. He compofed fome paf-
torals in verfe ; and even at this early period he con¬
ceived the bold deiign of writing an epic poem, fixing
at length, after much deliberation on the “ Meffiah,”
by which he has rendered his name immortal.
He commenced the ftudy of theology at the univer-
fity of Jena, in the year 1745, although in his retire¬
ment he was conftantly ruminating on his great projedl-
ed work already mentioned, Iketching out the three
firft cantos. They vvere firft written in profe, as the
common meafure of German verfe did not accord with
his own fentiments. Tranfported with the melody of
Homer’s and Virgil’s ftrains, he determined to make
trial of German hexameters, in which he fucceeded fo
entirely to his own fatisfadlion, that he fixed upon this
majeftic verfe for the whole of his poem. By his re¬
moval from Jena to Leipzig in 1746, he became ac¬
quainted with a number of young votaries of the mufes,
who
K L O [ 471 ] K N A
Klopftock who occafionally publifhed their eflays in a paper cal-
' ^ led the “ Bremen Contributions,” in which appeared
the three cantos of Klopflock’s Meffiah, and a number
of his odes, for which he was fo applauded as to ani¬
mate him to perfevere.
He quitted Leipzig in 1748, and redded at Lan-
genfalza, where he carried on a fruitlefs correfpondence
with a beautiful young lady, who difcovered no incli¬
nation to return his paffion, which for fome time threw
a gloom over his mind. He now publilhed ten books
of his Meffiah, by which he came to be known and
admired all over Germany. It was an extremely po¬
pular woik among all thofe who were at once the lo¬
vers of poetry and devotion. It was quoted from the
pulpit by young divines, while others of a more ftern
deportment found fault with the author, as indulging
too much in fidlion on facred topics.
He travelled into Switzerland in 1750 to pay a viflt
to Bodmer of Zurich, in confequence of an invitation,
where he was received with every token of refpedl.
The fublime fcenery of that country, the fimplicity of
its inhabitants, and the freedom they enjoyed, were
admirably fuited to the taffe and fentiments of Klop-
ffock. Here in all probability he would have breath¬
ed his laff, had not Baron Bernftorff, who was charm¬
ed with his poetry, engaged Count Molke, after re¬
turning from France to Copenhagen, to invite him to
that city, with affurances of fuch a penffon as would
make him independent. Our author accordingly fet
out for Copenhagen in the year 1751, by the way of
Brunfwkk and Hamburgh, at which latter place he
became acquainted^with a young lady (Mifs Moller)
of literary abilities, and a heart fufceptible of tender
impreflions. They were foon after married, and feem-
ed deffined by providence to be one of the happieft
couples upon earth, but he was very foon deprived of
he>-, for (he died in childbed, and her memory was fa¬
cred to Klopftock to the laft hour of his exiffence. He
lived for the moll part at Copenhagen till the year
1771, after which he reftded at Hamburgh in the capa¬
city of royal Daniih legate, and ccunfellor of the mar¬
grave of Baden, who gave him a pen (ion, and engaged
him to pafs the year 1775 at palace of Carlsruhe.
Such was the diffidence of our poet, that it required
the mod extraordinary condefcenfion on the part of the
great to make him eafy in their prefence.
1 he decline of his health made no change on the
habitual tranquillity of his mind ; he contemplated his
approaching diffolution without any difmay, and his
pious fortitude continued unfhaken amidft the fevered
iufferings. He died at Hamburgh in March 1803,
being 79 years of age, and his funeral was attended
with fuch honours as juitly belonged to the greateft
poet of the country.
The charafter of Klopftock as a poet is that of exu¬
berance of imagination and fentiment. His fublimity,
which is nearly unparalleled, makes him almoft lofe
himfelf in myftical attraction. A great critic claims
ior the author of the Meftiab, and we think juftly,
a rank among the very firft clafs of poets. His odes
and lyric poems are much admired by his country¬
men, and his dramatic works difplay great force and
dignity, but are thought to be better adapted to the
clofet than the theatre. He was alfo an excellent
profe writer, as is fully evinced by his “ Grammatical
Dialogues.”
KNARESBOROUGH, a town in the weft rid¬
ing of Yorklhire in England, 109 miles from London,
is an ancient borough by prefeription, called by fo¬
reigners t/ie TbrkJJjire Spaw. It is almoft encompaffed
by the river Nid, which iffues from the bottom of
Craven hills ; and had a priory, with a caftle, long
fince demolifhed, on a craggy rock, whence it took the
name. The town is about three furlongs in length ;
and the parifh is famous for four medicinal fprings
near each other, and yet of different qualities. 1. The
fweet fpaw, or vitriolic well, in Knarefborough foreft,
three miles from the town, which was difcovered in
1620. 2. The (linking or fulphureous fpaw, which is
ufed only in bathing. 3. St Mungo’s, a cold bath, four
miles from the town. 4. The dropping well, which
is in the town, and the moft noted petrifying fpring
in England, fo called by reafon of its dropping from
the fpongy rock hanging over it. The ground which
receives it, before it joins the well, is, for 1 2 yards
long, become a folid rock. From the well it runs in¬
to the Nid, where the Ipring water has made a rock
that ftretches fome yards into the river. The adjacent
fields are noted for liquorice, and a foft yellow marl
which is rich manure. The town is governed by a
bailiff. Its baths are not fo much frequented fince
Scarborough Spaw has been reforted to. It has a good
market and fix fairs. Here is a ftone bridge over the
river, near one end of which is a cell dug out of the
rock, and called St Robert's Chapel.
KNAPDALE, one of the divifions of Argylefhlre
in Scotland. It is parted from Cowal on the eaft by
Lochfyn; bounded by Kintyre on the foutb, by
Lorn on the north, by Braidalbin on the north-eaft,
and on the weft by the Hebrides. Its length from
north to fouth does not exceed 2D miles, and the
breadth in fome places may amount to 13. It is
joined to Kintyre by a neck of land not above a mile,
broad, over which the country people draw their boats,
to avoid failing round Kintyre. This part of Knap-
dale abounds with lakes, fome of them containing lit¬
tle iftands, on which there are caftles belonging to dif¬
ferent proprietors. The grounds are more adapted for
pafturage than grain j but that on the fide of Lochow
is fruitful in both.
KNAPSACK, in a military fenfe, a rough lea¬
ther bag which a foldier carries on his back, and
which contains all his neceffaries. Square knapfacks
are moft convenient ; and ftiould be made with a
divifion to hold the (hoes, black ball and brufhes,
feparate from the linen. White goat-Ikins are the
beft.
KNAVE, an old Saxon word, which had at firft a
fenfe of fimplicity and innocence, for it fignified a boy :
Sax, etiapa, whence a knave child, i. e. a boy, diftin-
guilhed from a girl, in feveral old writers 5 afterwards
it was taken for a fervant boy, and at length for any
fervant man. Alfo it was applied to a minifter or
officer that bore the (hield or w-eapon of his fuperior ^
as field knapa, whom the Latins call armiger, and the
French efcinjer, 14 Edw. III. c. 3. And it was fome-
times of old made ufe of as a titular addition ; as Joannes
C.JUius IVilhelmi C. de Derby, knave, &c. 22 Hen.
VII.
K N E [ 472 ] K N 1
efliip VII. c. 37. The word is now perverted to the hardeft
^ meaning, viz. a falfe deceitful fellow.
1*'.* KNAVESHIP, in Scots Law, one of the names of
the fmall duties payable in thirlage to the milkr’s fer-
a ants, called /fy^f/r.
KNAUTTA, a genus of plants belonging to the
tetrandria clafs, and in the natural method . :ng un¬
der the 48th order, slggregatce. See Botany Index.
KNEE, in Anatomy, the articulation of the thigh
and leg bones. See Anatomy, N® 59.
Knke, in a fliip, a crooked piece of timber, having
two branches or arms, and generally ufed to connect
the beams of a Ihip with her lides or timbers.
The branches of the knees form an angle of greater
or fmaller extent, according to the mutual fituation of
the pieces which they are defigned to unite. One
branch is fecurely bolted to one of the deck beams,
whillt the other is in the fame manner attached to a
correfponding timber in the (hip’s fide, as reprefented
by E in the plate of Midship Frame.
Befides the great utility ot knees in connedting the
beams and timbers into one compact frame, they con¬
tribute greatly to the (Irength and folidity of the ihip,
in the different parts of her frame to which they are
bolted ; and thereby enable her with greater firmnefs
to relift the effetls of a turbulent fea.
In fixing of thefe pieces, it is occafionally neceffary
to give an oblique direftion to the vertical or fide
branch, in order to .avoid the range of an adjacent gun-
port, or becaufe the knee may be fo fhaped as to require
this difpofition •, it being fometimes difficult to procure
fo great a variety of knees as may be neceffary in the
coiiftrudlion of a number of (hips of war.
In France, the fcarcity of thele pieces has obliged
their (hipwrights frequently to form their knees of
iron.
Knees are either faid to be lodging or hanging. The
former are fixed horizontally in the (hip’s frame, having
one arm bolted to the beam, and the other acrofs two
or three timbers, as reprefented in the Deck, Plate
CLX1X. The latter are fixed vertically, as we have
defcribed above. See alfo Snir-Building, Deck, and
Midship Frame.
Knee of the Head, a large flat piece of timber, fixed
edgewife upon the fore part of a (hip’s ftem, and fup-
porting the ornamental figure or image placed under
the bowfprit. See Shtr-Building.
The knee of the head, which may properly be de¬
fined a continuation of the ftem, as being prolonged
from the ftem forwards, is extremely broad at the up¬
per ■ part, and accordingly compofed of feveral pieces
united into one, YY (Pieces of the Hull, in Snip-Build¬
ing Plates). It is let into the head, and fecured to
the (hip’s bows by (Irong knees fixed horizontally
upon both, and called the cheeks of the head. The heel
of it is fcarfed to the upper end of the fore foot ; and
it is faftened to the (tern above by a knee, called aJlan-
dard, expreffed by & in the plate.
Befides fupporting the figure of the head, this piece
is otherwife ufeful, as ferving to fecure the boom
or bumkin, by which the fore tack is extended to wind¬
ward 5 and by its great breadth, preventing the (hip
from falling to leeward when clofe hauled fo much as
(lie would otherwife do. It alfo affords a greater fe-
curity to the bowfprit, by increafing the angle of the
3
bob-ftay, fo as to make it acl more perpendicularly on Knees
the bowfprit. . !'
l he knee of the head is a phrafe peculiar to (hip-
weights ; as this piece is always called the cut-water
by feamen, if we except a few, who, affecting to be
wifer than theii brethren, having adopted this expreftion
probably on the prefumption that the other is a cant
phrafe or vulyarifm.
Carling Knees, in a fliip, thofe timbers which ex¬
tend from the (hip to the hatchway, and bear up the
deck on both (ides.
KNELLER, Sir Godfrey, a painter, whofe fame
is well eftablilhed in thefe kingdoms. He was born
at Lubeck in 1648 ; and received his firlt inftruftions
in the fchool of Rembrandt, but became afterwards a
difciple o. Ferdinand Bob When he had gained as
much knowledge as that fchool afforded him, he tra¬
velled to R me, where he fixed bis particular attention
on litian and the Caracci. He afterwards viined
Venice, and diffinguilhed himfelf fo effectually in that
city by his hiitorical pictures and portraits of the noble
families there, that his reputation became confiderable
in Italy. By the advice of fome friends he came at
lad to England, where it was his good fortune to gain
the favour of the duke of Monmouth : by his recom¬
mendation, he drew the picture of King Charles II.
more than once ; who was fo taken with his (kill in
doing it, that he ufed to come and fit to him at his
houfe in Covent Garden piazza. The death of Sir
Peter Lely left him without a competitor in England,
and from that time his fortune and fame were tho¬
roughly eftablilhed. No painter could have more in-
ceffant employment, and no painter could be more
diftinguiftied by public honour. He was date painter
to Charles II. James II. William III. Queen Anne,
and George I. equally efteemed and refpeCted by them
all : the emperor Leopold made him a knight of the
Roman empire, and King George I. created him a ba¬
ronet. Molt of the nobility and gentry had their like-
neffes taken by him, and no painter excelled him in a
fure outline, or in the graceful difpofition of his figures:
his works w-ere celebrated by the bed poets in his time.
He built himielf an elegant houfe at Whitton near
Hampton Court, wffiere he fpent the latter part of his
life ; and died in 1 7 6.
KNIFE, a well known inftrument, made for cut¬
ting, and adapted in form to the ufes for which it is de¬
figned.
Knives are faid to have been firft made in England
in 1563, by one Matthews, on Fleet Bridge, Lon¬
don. The importation of all forts of knives is prohi¬
bited.
KNIGHT (eques), among the Romans, a perfon of
the fecond degree of nobility, following immediately
that of the fenators. See Equestrian Order, and
Equites.
Knight, (or Cnecht, Germ.), in feodal hiftory, was
originally an appellation or title given by the ancient
Germans to their youth after being admitted to the
privilege of bearing arms.
The paffion for arms among the Germanic dates,
as defcribed by Dr Stuart *, was carried to extremity. * yteru
It was amidd feenes of death and peril that the young Society in
were educated : It w’as by valour and feats of prowefs Europe,
that the ambitious fignalized their manhood. All thei’-40*
honours
K N I [ 473 ] K N I
Knight, honours they knew were allotted to the brave. The
y fword opened the path to glory. It was in the field
that the ingenious and the noble flattered moll their
pride, and acquired an afcendar.cy. The ftrength of
their bodies, and the vigour of their councils, fur-
rounded them with warriors, and lifted them to com¬
mand.
But, among thefe nations, when the individual felt
the call of valour, and wiihed to try his flrength
again!! an enemy, he could not of his own authority
take the lance and the javelin. The admiffion of their
youth to the privilege of bearing arms, was a matter of
too much importance to be left to chance or their own
choice. A form was invented by which they were ad¬
vanced to that honour.
The council of the diltridl, or of the canton to
which the candidate belonged, was affembled. His
age and his qualifications were inquired into •, and if
he was deemed worthy of being admitted to the privi¬
leges of a foldier, a chieftain, his father or one of his
kindred, adorned him wdth a fhield and the lance. In
conlequence of this folemnity, he prepared to diftin-
guifh himfelf; his mind opened to the cares of the pub¬
lic ; and the domellic concerns, or the offices of the
family from which he had fprung, were no longer the
objedls of his attention. To this ceremony, fo fimple
and fo interefting, the inflitution of knighthood is in¬
debted for his rife.
Knighthood, however, as a fylletn known under
the denomination of Chivalry, is to be dated only
from the nth century. All Europe being reduced
to a flate of anarchy and confufion on the decline of
the houfe of Charlemagne, every proprietor of a manor
or lordihip became a petty fovereign; the manfion
houfe was fortified by a moat, defended by a guard,
and called a cajlle. Ihe governor had a party of 700
or 800 men at his command ; and with thefe he ufed
frequently to make excurfions, which commonly ended
in a battle wdth the lord of fome petty Hate of the
fame kind, whofe calfle was then pillaged, and the
women and treafures borne off by the conqueror. Du¬
ring this Hate of univerfal hollility, there were no friend¬
ly communications between the provinces, nor any
high roads from one part of the kingdom to another :
the wealthy traders, who then travelled from place to
place with their merchandife and their families, were
in perpetual danger ; the lord of almoif every calfle
extorted fomething from them on the road j" and at
lalt, fome one more rapacious than the red, feized up¬
on the whole of the cargo, and bore off the women for
his own ufe.
Thus cadles became the warehoufes of all kinds of
rich merchandife, and the prifons of the diffreffed fe¬
males whofe fathers or lovers had been plundered or
ilain, and wrho being therefore feldom difpofed to take
the thief or murderer into favour, were in continual
danger of a rape.
dut as fome are always didinguifhed by virtue in
the moil general defection, it happened that many
finds infallibly affociated to reprefs thefe fallies of vio¬
lence and rapine, to fecure property, and protefl the
ladies. Among thefe w'ere many lords of great fiefs j
and the ailociation was at length llrengthened by a
iolemn vow, and received the fandfion of a religious
ceremony. As the fird knights were men of the
Vol. XI. Part II.
highed rank, and the larged poffeffions, fuch having
mod to lofe, and the lead temptation to deal, the fra¬
ternity was regarded with a kind of reverence, even
by thofe againd whom it was formed. Admiffion into
the order was deemed the highed honour: many ex¬
traordinary qualifications were required in a candidate,
and many new ceremonies were added at his creation.
After having faded from funrife, confeffed himfelf,
and received the facrament, he was dreffed in a white
tunic, and placed by himfelf at a fide-table, where he
was neither to fpeak, nor fmile, nor to eat: while the
knights and ladies, who were to perform the principal
parts of the ceremony, were eating, drinking, and
making merry at the great table. At night his ar¬
mour was conveyed to the church where the ceremony
was performed 5 and here having watched it till the
morning, he advanced with his fword hanging about his
neck, and received the benediclion of the pried. He
then kneeled down before the lady who was to put on
his armour, who being affided by perfons of the firft
rank, buckled on bis fpurs, put a helmet on his head,
and accoutred him with a coat of mail, a cuirafs, brace¬
lets, cuiffes, and gauntlets.
Being thus armed cap-a-pee, the knight who dub¬
bed him druck him three times over the fhoulder with
the flat fide of his fword, in the name of God, St
Michael, and St George. He was then obliged to
watch all night in all his armour, with his fword gird¬
ed,. and his lance in his hand. From this time the
knight devoted himfelf to the redrefs of thofe wrongs
which “ patient merit of the unworthy takes to fe¬
cure merchants from the rapacious cruelty of banditti,
and women from ravifhers, to whofe power they were
by the particular confufion of the times continually ex-
pofed.
From this view of the origin of chivalry, it will be
eafy to account for the caflle, the moat, and the bridge,
which are found in romances; and as to the dwarf, lie
was a condant appendage to the rank and fortune of
thofe times, and no callle therefore could 'ie without him.
The dwarf and buffoon were then introduced to kill
time, as the card table is at prefent. It will alfo be
eafy to account for the multitude of captive ladies
whom the knights, upon feizing a cadle, let at liber¬
ty ; and for the prodigious quantities of ufelefs gold
and filver veffels, rich fluffs, and other merchandife,
with which many apartments in thefe cadles are faid to
have been filled.
! he principal lords who entered into the confrater¬
nity of knights, ufed to fend their fons to each other
to be. educated, far from their parents, in the mydery
of chivalry. 1 hefe youths, before they arrived at the
age of 21, were called bachelors, or has chevaliers^ infe¬
rior knights, and at that age were qualified to receive
the order.
00 honourable was the origin of an inditution, com¬
monly confidered as the refult of caprice and the
fource of extravagance ; but which, on the contrary,
rofe naturally from the date of fociety in thofe times*
a id had a very ferious effe6f in refining the manners
o' the European nations. Valour, humanity, courtefy,
ju fice, honour, were its cbara£leridics : and to thefe
vyere added religion j which, by infilling a large por¬
tion of enthufiadic zeal, carried them all to a roman¬
tic excefs, wonderfully fuited to the genius of the age,
3 O and
K N T [ 474 ] K N I
nifcht. and productive of the grcateft and molt permanent ef-
■’V—-/ fgfts both upon policy and manners. War was carried
on with lefs ferocity, when humanity, no lefs than
courage, came to be deemed the ornament of knight¬
hood, and knighthood a diifinClion fuperior to royalty,
and an honour which princes were proud to receive
from the hands of private gentlemen : more gentle and
poliflied manners were introduced, when courtefy was
recommended as the mod amiable of knightly virtues,
and every knight devoted himfelf to the fervice of a
lady : violence and opprtffion decreafed, when it was
accounted meritorious to check and to punilh them :
a Scrupulous adherence to truth, with the mod reli¬
gious attention to fulfil every engagement, but parti¬
cularly thofe between the fexes as more eafily violated,
became the ditiinguifhing charaCler of a gentleman,
becaufe chivalry was regarded as the fchool of honour,
and inculcated the mod delicate fenfibrlity w’lth refpeft
to that point ; and valour, decoded by fo many mo¬
tives cf love, religion, and virtue, became altogether ir-
refiftible.
That the fpirit of chivalry femetimes rofe to an ex¬
travagant height, and had often a pernicious tendency,
mud however be allowed. In Spain, under the influ¬
ence of a romantic gallantry, it gave birth to a feries
of wild adventures which have been defervedly ridicu¬
led : in the train of Norman ambition, it extinguidred
rhe liberties of England, and deluged Italy in blood ;
and at the call of fuperftition, and as the engine of
papal power, it defolated Alia under the banner of the
crofs. But theie ought not to be confidered as argu¬
ments againd an inditution laudable in itfelf, and ne-
ceflary at the trme of its foundation ^ and thofe who
pretend to defpife it, the advocates of ancient barba-
rifm and ancient rudicity, ought to remember, that
chivalry not only fird taught mankind to carry the ci¬
vilities of peace into the operations of war, and to
mingle poUtenefs with the ufe of the fword •, but rout¬
ed the foul from its lethargy, invigorated the human
char adder even while it foftened it, and produced ex¬
ploits which antiquity cannot parallel. Nor ought
.they to forget, that it gave variety, elegance, and
pleafure, to the intercourfe of life, by making women
a more effential part of fociety ; and is therefore en¬
titled to our gratitude, though the point of honour,
and the refinements in gallantry, its more doubtful ef-
fedds, ftrould be excluded from the improvement of
modern manners. For,
To illudrate this topic more particularly, we may
obftrve, that women, among the ancient Greeks and
Romans, feem to have been confidered merely as ob-
jedds of fenfuality, or of domedic conveniency : they
were devoted to a date of feclufion and obfeurity, had
few attentions paid them, and were permitted to take
as little drare in the converfation as in the general
commerce of life. But the northern nations, who paid
a kind of devotion to the fofter fex, even in their native
foreds, had no fconer fettled themfelves in the pro¬
vinces of the Roman empire, than the female charac¬
ter began to affume new confequence. Thofe fierce
barbarians, who feemed to third only for blood, who
involved in one undidinguilhing ruin the monuments
of ancient grandeur and ancient ingenuity, and who
devoted to the dames the knowledge of ages, always
forbore to offer any violence to the women. They
brought along with them the refpediiul gallantry of Krnj>
the north, which had powrer even to redrain their fa- ——v~
vage ferocity ; and they introduced into the wed of
Europe a generofity of fentiment, and a complaifance
toward the ladies, to which the mod polifhed nations
of antiquity were drangers.—Thefe fentiments of ge¬
nerous gallantry were fodered by the inditution of
chivalry, which lifted women yet higher in the fcale
of life. Indead of being nobody in fociety, die be¬
came his primum mobile. Every knight devoting him¬
felf to danger, declared himfelf the humble fervant of
fome lady, and that lady was often the object of his
love. Her honour was fuppofed to be intimately con.
ne&ed with his, and her fmile was the reward of his
valour : for her he attacked, for her he defended, and
for her he died his blood. Courage, animated by fo
powerful a motive, lod fight of every thing but enter-
prife : incredible toils were cheerfully endured, incre¬
dible a&ions were performed, and adventures leeming-
ly fabulous were more than realized. The effeft was
reciprocal. Women, proud of their influence, became
worthy of the beroifm which they had infpired : they
were not to be approached but by the high minded
and the brave ; and men then could only be admitted
to the bofom of the chafle fair, after proving their fi-
deiity and affe&ion by years of perfeverance and of
peril.
Again, As to the change which took place in the ope¬
rations of war, it may be obferved, that the perfect hero
of antiquity was fuperior to foar, but he made ufe of
every artifice to annoy his enemy : impelled by animo-
fity and hoflile paflion, like the favage in the American
woods, he was only anxious of attaining his end, with¬
out regarding whether fraud or force were the means.
But the true knight or modern hero of the middle ages,
who feems in all his rencounters to have had his eye on
the judicial combat or judgement of God, had an equal
contempt for ftratagem and danger. He difdained to
take advantage of his enemy : he defired only to fee
him, and to combat him upon equal terms, trulling
that heaven would declare in behalf of the jutl •, and
as he profefled only to vindicate the caufe of religion,
of injured beauty, or opprefled innocence, he was fur¬
ther confirmed in this enthufiaflic opinion by his own
heated imagination. Strongly perfuaded that the de-
cifion muft be in his favour, he fought as if under the
influence of divine infpiration rather than of military
ardour. Thus the fyftem of chivalry, by a Angular
combination of manners, blended the heroic and fanc-
tified charafters, united devotion and valour, zeal and
gallantry, and reconciled the love of God and of the
ladies.
Chivalry flourilhed moft during the time of the
croifades. From thefe holy wars it. followed, that
new fraternities of knighthood were invented : hence
the knights of the Holy Sepulchre, the Hofpitallers,
Templars, and an infinite number of religious or¬
ders. Various other orders were at length inftituted
by fovereign princes: the Garter, by Edward III.
of England j the Golden Fleece, by Philip the Good,
duke of Burgundy j and St Michael, by Louis XL of
France. From this time ancient chivalry declined to
an empty name j when foverei^n princes eflabliflied
regular companies in their armies, knights bannerets
were no-ei°re> though it was ftill thought an honour
• to
Knight.
K N I
to be dubbed by a great prince or victorious
and all who profelled arms without knighthood affum-
ed the title of efquire.
There is fcarce a prince in Europe that has not
thought fit to inftitute an order of knighthood _ and
the fimple title of knight, which the kings of Britain
confer on private fubjefts, is a derivation from ancient
chivalry, although very remote from its fource. See
Knight-BACHELOR.
Knight- Service (fervitium militcire, and in lawFreirch
chivalry;) a fpecies of Tenure, the origin and nature
of which are explained under the articles CHIVALRY,
and Feoclal System, N° 13—21.
The knights produced by this tenure differed meft
tffentially from the knights deferibed in the pre¬
ceding article ; though the difference feems not to
have been accurately attended to by authors (a).
The one clafs of knights was of a high antiquity :
the other was not heard of till the invention of a
fee. The adorning with arms and the blow of the
fword made the a£l of the creation of the ancient
knight j the new knight w'as conftituted by an inveft-
ment in a piece of land. Ehe former was the mem¬
ber of an order of dignity which had particular pri¬
vileges and diftin&ions ; the latter was the receiver of
a feudal grant. Knighthood was an honour j knight
fervice a tenure. The firft communicated fplendour
to an army •, the laft gave it ftrength and numbers.—
The knight of honour might ferve in any ftatron what¬
ever 5 the knight of tenure was in the rank of a fol-
dier.—It is true at the fame time, that every noble
Knijiit.
t 475 1 K N I
hero ; and baron were knights of tenure, as they held their  
lands by knight fervice. But the number of fees they
poffeffed, and their creation into rank, feparateci them
widely from the fimple individuals to whom they gave
out grants of their lands, and who were merely the
knights of tenure. It is no lefs true, that the love-
reign, without conferring nobility, might give even a
fingle fee to a tenant-, and fuch vaffals in capite of the
crown, as well as the vaffals of fingle fees from a fub-
ieCt, were the mere knights of tenure. But the for¬
mer, in refpedb of their holding from the crown, were
to be called to take upon themfelves the knighthood
of honour; a condition in which they might rife from
the ranks, and be promoted to offices and command.
And as to the vaffals in capite of the crown vyho had
many fees, their wealth of itfelf fufficiently dillinguilh-
ed them beyond the ftate of the mere knights of te¬
nure. In faft, they poffeffed an authority over men
who were of this laft defeription ; for, in proportion
to their lands were the fees they gave out and the
knights they commanded.
By the tenure of knight fervice the greateft part
of the lands in England were holden, and that princi¬
pally of the king in capite, till the middle of the laft
century; and which was created as Sir Edward Coke
exprefsly teftifies, for a military purpofe, viz. for de- Blackji.
fence of the realm by the king’s own principal fub- Commtnt.
iefts, which was judged to be much better than to
truft to hirelings or foreigners. The defeription here
given is that of knight fervice proper, which was to
attend the king in his wars. There were alfo fume
3 O 2 other
(a) “ The terms knight and chivaler (Dr Stuart f obferves), denoted both the knight of honour and knight f yirw 0f
of tenure; and chivalry was ufed to exprefs both knighthood and kmghl-Jervice. Hence, it has pioceeded, that Society in
thele perfons and thefe ftates have been confounded. Yet the marks of their difference are to ftrong and point-
fed, that one muft wonder that writers fliould miftake them. It is not, however, mean and common compilers? 34 •
only who have been deceived. Sir Edward Coke, notwithftanding his diftinguilhing head, is of this num¬
ber. When eftimating the value of the knight’s fee at 20I. per annum, he appeals to the ftatute de imhtibus,
an 1 Ed. II. and, by the fenfe of his illuftration, he conceives, that the knights alluded to there were the
fame with the poffeffors of knights fees : and they, no doubt, had knights fees but a knight’s fee might be
enjoyed not only by the tenants tn capite of the crown, but by the tenants of a vailal, or by the tenants of a
fub-vaffal. Now, to thefe the ftatute makes no allufion. It did not mean to annex knighthood to every land¬
holder in the kingdom who had a knight’s fee j but to_ encourage arms, by requiring the tenants m capite of
the crown to take' to them the dignity. He thus confounds knighthood and the knight's fee. Coke on Little-
^ “ If I9am not deceived, Sir William Blackftone has fallen into the fame miftake, and has added to it. Speak¬
ing of the knights of honour, or the equites aurati from the gift fpurs they wore, he thus expreffes himfelf:
‘ They are alfo called, in our law, milites, becaufe they formed a part, or indeed the whole, of the royal army,
‘ in virtue of their feodal tenures j one condition of which was, that every one who held a knight’s fee (which
* 111 Henry II.’s time amounted to per annum^, was obliged to be knighted, and attend the king m his wars,
‘ or fined’for his noncompliance. The exertion of this prerogative, as an expedient to raife money, in the reign
• of Charles I. gave great offence, though warranted by law, and the recent example of Queen Elizabeth : but
« ft was, at the Reltoration, together with all other military branches of the feodal law, aboliftied 5 and this kind
‘ of knighthood has fince that time fallen into great difrepute.’ Book I. ch. 1 2. _
“ After what has been faid, I need hardly obferve, that this learned and able writer has confounded the
knight of honour and the knight of tenure ,■ and that the requifition to take knighthood was not made to evety
poffeffor of a knight’s fee, but to the tenants of knights fees held in capite of the crown, who had merely a
lufficiency to maintain the dignity, and were thence difpofed not to take it. The idea that the whole force
of the royal army confifted of knights of hopour, or dubbed knights, is to extraordinary a circumftance, that
it might have ihown of itfelf to this eminent writer the fource of his error. Had every foldier in the feu-
.dal army received the inveiliture of arms ? could he wear a feal, furpafs in lilk and drels, ufe enligns armorial,
and enjoy all the other privileges of knighthood ? But, while I hazard thefe remarks, my reader will obferve,
that it is with the greateft deference I diffent from Sir William Blackftone, whofe abilities are the objeft of a
moft general and deferved admiration.”
t.
K N I [4
other fp'ecics of knight lervice •, fo called, though im¬
properly, becaule the fervice or render was of a free
and honourable nature, and equally uncertain as to the
time of rendering as that of knight fervice proper, and
becaule they were attended with fimilar fruits and con-
fequences. Such was the tenure by grand fcrjeanty,
Per magnum fervitiiwi, whereby the tenant was bound,
inftead of ferving the king generally in his wars, to do
fome fpecial honorary fervice to the king in perfon ^
as to carry his banner, his fword, or the like 5 or be
his butler, champion, or other officer, at his corona-
timn It was, in moil other refpe&s, like knight fer¬
vice, only be was not bound to pay aid or efcuage $
and when tenant by knight fervice paid five pounds
for a relief on every knight’s fee, tenant by grand-
ferjeanty paid one year’s value of his land, were it
much or little. Tenure by carnage, which was to wind
a horn when the Scots or other enemies entered the
land, in order to warn the king’s fubjedfs, was (like
other fervices of the fame nature) a fpecies of grand
ferjeanty.
1 hefe iervices, both of chivalry and grand ferjeanty,
v’ere all perfonal, and uncertain as to their quantity
or duration. But the perfonal attendance in knight
fervice growing troublefome and inconvenient in many
refpects, the tenants found means of compounding
for it, by firft fending others in their Head, and in
procefs of time making a pecuniary fatisfadlion to the
lords in lieu of it. This pecuniary fatisfaffion at laft
came to be levied by afleffments, at fo much for every
knight’s fee ; and therefore this kind of tenure was
called fcutagium in Latin, or fervitium fcuti; fcutum
being then a well-known denomination of money : and
in like manner it was called, in our Norman French
efcua^e ; being indeed a pecuniary inftead of a military
fervice. The firft time this appears to have been
taken, was in the 5 Hen. II. on account of his ex¬
pedition to Touloufe j but it foon came to be fo uni-
verfal, that perfonal attendance fell quite into difufe.
Hence we find in our ancient hiftories, that, from
this period when our kings went to war, they levied
fcutages on their tenants, that is on all the landhold¬
ers of the kingdom, to defray their expences and to
hire troops: and thefe aiTeffments in the time of Flenry II.
feem to have been made arbitrarily, and at the king’s
pleafure. Which prerogative being greatly abufed by
his fuccefibrs, it became matter of national clamour ;
and King John wras obliged to confent, by his magna
chai'ta, that no fcutage ftrould be impofed without
confent of parliament. But this claufe was omitted in
his fon Henry III.’s charter ; where we only find, that
fcutages or eicuage ftiould be taken as they were ufed
to be taken in the time of Henry II. j that is, in a
reafonable and moderate manner. Yet afterwards, by
ftatute 25 Edw. I. c. 5. and 6. and many fubfequent
ftatutes, it was enacted, that the king Ihould take no
aids or talks but by the common affent of the realm.
Hence it is held in our old books, that efcuage or
fcutage could not be levied but by confent of par¬
liament ; fuch fcutages being indeed the ground-work
of all fucceeding fubfidies, and the land tax of later
times.
Since, therefore, efcuage differed from knight fervice
in notning but as a compenfation differs from actual
fervice, knight fervice is frequently confounded. with
/C ] K N 1
it. And thus Littleton muft be underftood, when Knight.
he tells us, that tenant by homage, fealty, and ef- w—
cunge, was tenant by knight fervice : that is, that
this tenure (being fubfervient to the military policy of
the nation) was refpedted as a tenure in chivalry. But
as the actual fervice was uncertain, and depended up¬
on emergencies, fo it w’as neceffary that this pecuniary
compenlation fhould be equally uncertain, and depend
on the affeffments of the legiflature fuited to thefe emer-
gencies. For had the efcuage been a fettled invariable
lum, payable at certain times, it had been neither more
nor lefs than a mere pecuniary rent; and the tenure,
inftead of knight fervice, would have then been of ano¬
ther kind, called soccage.
By the degenerating of knight fervice, or perfonal
military duty, into efcuage or pecuniary affeffments.
all the advantages (either promifed or real) of the feo-
dal conftitutions were deftroyed, and nothing but the
hardlhips remained. Inftead of forming a national
mmtia compofed of barons, knights, and gentlemen,
bound by their intereft, their honour, and their oaths*
to defend their king and country, the whole of this
fyltem of tenures now' tended to nothing elfe but a
wretched means of raifing money to pay an army of
occalional mercenaries. In the mean time the fami¬
lies ot all our nobility and gentry groaned under the
intolerable burdens (which in confequence of the fidtion
adopted after the conqueft) were, introduced and laid
upon them by the fubtlety and fineffe of the Normal*
lawyers. For, befides the fcutages to which they
were liable in defedt of perfonal attendance, which
however, were affeffed by themfelves in parliament,
they might be called upon by the king or lord para¬
mount for aids, whenever his eldeft Ion was to be
knighted, or his eldeft daughter married ; not to for¬
get the ranfona of his own perfon. The heir, on the
death of his anceftor, if of full age, was plundered of
the firft emoluments arifing from his inheritance, by
way of relief and primer feijin ; and if under age, of
the whole of his eftate during infancy. And then, as
Sir Thomas Smith very feelingly complains, “ when
he came to his own, after he was out of ward/hip, his
woods decayed, houfes fallen down, flock wafted and
gone, lands let forth and ploughed to be barren,” to
make amends, he was yet to pay half a year’s profits
as a fine for filing out his livery ; and alfo the price or
value of his marriage, if he refufed fuch wife as his
lord and guardian had bartered for, and impofed upon
him ; or twice that value, if he married another wo¬
man. Add to this, the untimely and expenfive ho¬
nour of knighthood, to make his poverty more com¬
pletely fplendid. And when, by thefe deduftions, his
fortune was fo (battered and ruined, that perhaps he was
obliged to fell his patrimony, he had not even that
poor privilege allowed him, without paying an exorbi¬
tant fine for a licenfe of alienation.
A fiavery fo complicated and fo extenfive as this,
called aloud for a remedy in a nation that boafted of
her freedom. Palliatives were from time to time ap¬
plied by fiicceffive a£ts of parliaments, which affuaged
fome temporary grievances. Till at length the huma¬
nity of King James I. confented, for a proper equiva¬
lent, to aboiilh them all, though the plan then pro¬
ceeded not to effedt 5 in like manner, as he had formed
a fch erne, and began to put it in execution, for remov-.
in%'
J£1ST IGIIT H O O 3) Plate C C LXXXVUI.
K N I [ 477 ] K N- I
Knight, ing the feodal grievance of heritable jurifdi&ions in
‘ Scotland, which has fince been purfued and effefted
by the ftatute 20 Geo. II. c. 43. King James’s plan
for exchanging our military tenures feems to have been
nearly the fame as that which has been fince purfued j
only with this difference, that by way of compenfation
for the lofs which the crown and other lords would
fuflain, an annual fee-farm rent fhould be fettled and
infeparably annexed to the crown, and affured to the
inferior lords, payable out of every knight’s fee within
their refpe&ive feignories. An expedient feemingly
much better than the hereditary excife which was after-
. wards made the principal equivalent for thefe concef-
fions. For at length the military tenures, with all
their heavy appendages, were dellroyed at one blow'
by the ftatute 12 Car. II. c. 24. which enacts, “ that
the court of W’ard or liveries, and all wardihips, liveries,
primer feifins, and oufterlemains, values and forfeitures
of marriages, by reafon of any tenure of the king or
others, be totally taken awTay. And that all fines for
alienations, tenures by homage, knights lervice, and
efcuage, and alfo aids for marrying the daughter or
knighting the fon, and all tenures of the king in capite,
be likewife taken away. And that all forts of tenures,
held of the king or others, be turned into free and
common foccage \ fave only tenures in frankalmoign,
copyholds, and the honorary fervices (without the
llavilh part) of grand ferjeanty.” A ftatute which
w7as a greater acquiution to the civil property of tills
kingdom than even mayna charta itfelf: fince that
only pruned the luxuriances that had grown out of
the military tenures, and thereby preferved them in
vigour: but the ftatute of King Charles extirpated the
whole, and demolifhed both root and branches.
KniGHTS-Errant. During the prevalence of chi¬
valry, the ardour of redreffing wrongs feized many
knights fo powerfully, that, attended by efquires,
they wandered about in fearch of ©bjedls whofe misfor¬
tunes and mifery required their afliftance and fuc-
cour. And as ladies engaged more particularly their
attention, the relief of unfortunate damfels wras the
achievement they moft courted. This w-as the rife
~\ of knights-errant, v.hofe adventures produced ro¬
mance. Thefe were originally told as they happened.
But the love of the marvellous came to interfere ;
fancy was indulged in her wilddt exaggerations ; and
poetry gave her charms to the moft monftrous fidtions,
and to fcenes the moft unnatural and gigantic. See
Knight.
KNiGHT-Bache/or. See Bachelor.
Knight-Baronet.
Knights of the Shire, or Knights of Parliament, are
two gentlemen of w’orth, chofen on the king’s writ
in plena comitatu, by fuch of the freeholders of every
county as can expend 40s. per annum, to reprefent fuch
county in parliament, Thefe, when every man who
held a knight’s fee in capite of the crown was cuftoma-
rily conftrained to be a knight, were of neceflity to
be nnhtes glacho cin&i, for fo the work runs to this day;
but now' cuftom admits efquires to be chofen to this
office. They muft have at leaft 500I. per annum ; and
their expences are to be defrayed by the county,
though this be feldom now required.
KNiGiiT-MarJhal, an officer in the king’s houfe-
hold, who has jurifdiclion and cognizance of any tranf-
greffion witHn the king’s houfehold, and verge ; as alfo
of contracts made there, whereof one of the houfe is
party.
Knight-Pifh. See Eques, Ichthyology Index.
Knights, in a flap, tv\o fhort thick pieces of wood,
commonly carved like a man’s head, having four ihivers
in each, three for the haulyards, and one for the top
to run in : one of them Hands fall bolted on the beams
abaft the foremaft, and is therefore called the fore-
knight; and the other, ftandmg abaft the mainmaft, is
called the main -knight.
KNIGHTHOOD, a military order or honour, or.
a mark or degree of ancient nobility, or reward of
perfonal virtue and merit.
There are four kinds of knighthood ; military, regu¬
lar, honorary, and focial.
Military Knighthood, is that of the ancient knights,
w'ho acquired it by high feats of arms. They are call¬
ed milites, in ancient charters and titles, by which they
W'ere diftinguifhed from mere bachelors, &c. Thefe
knights W’ere girt with a fwmrd, and wore a pair of gilt
fpurs; whence they were called equites aurati.
Knighthood is not hereditary, but acquired. It
does not come into the world with a man like nobility
nor can it be revoked. The fons of kings, and kings
themfelves, with all other fovereigns, heretofore had
knighthood conferred on them as a mark of honour.
They w'ere ufually knighted at their baptifm or mar¬
riage, at their coronation, before or after a battle,.
&c.
Kni
hood.
Regular Knighthood, is applied to all military or¬
ders which profefs to wear fome particular habit, to
bear arms againft the infidels, to fuccour and aftift pil¬
grims in their paffage to the Holy Land, and to ferve
in hofpitals where they ftiould be received ; fuch were
the knights templars, and fuch ftill are the knights of
Malta, &c.
Honorary Knighthood, is that which princes confer
on other princes, and even on their owm great minifters
and favourites ; fuch are knights of the Garter, Bath,
St Patrick, Nova Scotia, Thiftle, &.c. See thefe ar¬
ticles ; and for a reprefentation of their different infio-.
nia, fee Plate CCLXXXVHI.
Social Knighthood, is that which is not fixed nor
confirmed by any formal inftitution, nor regulated by
any Jailing ftatutes ; of which kind there have many or¬
ders been erehted on occafion of fadlions, of tilts and
tournaments, mafquerades, and the like.
The abbot Bernardo Juftiniani, at the beginning of
his Hiftory of Knighthood, gives us a complete cata¬
logue of the feveral orders : according to this computa¬
tion, they are in number 92. Favin has given us two
volumes of them under the title of Theatre d'Honneur
et de Chevalerie. Menenius has publilhed Delicia Equef-
trium Ordinum, and Andr. Mendo has written De Or-
dinibus Militaribus. Beloi has traced their original;
and Geliot, in his Armorial Index, has given us their
inftitutions. To thefe may be added, Father Mene-
ftrier de la Chevalerie Ancienne et Moderne, Michieli’s
Trefor Mihtaire, Caramuel’s Theo/ogia Rego/are, Mi-
rseus’s Origincs Equefrium five Militarium Ordinum :
but above all, Juftinian’s Hiflorie Chronologiche del I
Origine de gP Or dine Militari, e di tutte le Religione Ca-
valerefche ; the edition w'hich is fulleft is that of Venice
in 1602, in two vols folio.
KNIGHT LOW:
TO -ig
K N O [ 4*
Knight low KNIGHTLOW Hill or Cross, tvhich gives
jJ! f name to a hamlet in Warwickfhire, ftands in the road
i t" ‘ ■ ft°m Coventry to London, at the entrance of Dunfmore
H- ath. About 40 towns in this hamlet, which are fpe-
cibed by Dugdale, are o'^|^ed, on the forfeiture of
30s. and a white bull, to pay a certain rent to the lord
of the hamlet, called wroth-money, or fwarf-penny;
which mull be depofited every Martinmas day in the
morning at this crofs before funrife ; when the party
paying it mull go thrice about the crofs, and lay the
wroth-money, and then lay it in the hole of the faid
crofs before good witnefs.
KNIGHTON, a well built town of Radnorlhire in
South Wales, 155 miles from London. It is plea-
fastly lituated on an elevation riling from a fmall river,
which divides this part of Wales from Shroplhire. It
carries on a confiderable trade, and has a market and a
fair.
KNIGHTSBRIDGE, a village of Middlefex, and
the firll village from London on the great wellern road.
It lies in the parifnes of St Margaret’s Wellminller,
and St George by Hanover Square 5 and has a chapel,
which is neverthelefs independent. At the entrance
of it from London ftands that noble infirmary for lick
and wounded, called St George's Hojpital, creeled and
maintained by the contributions of our nobility and
gentry, of whom there are no lefs than 300 governors.
In the centre of this village, there is a fabric lately
creeled, where is carried on one of the moil conlider-
able manufaftures in England for painting floor-cloths,
1 &c.
KNOCTOPHER, a borough and market town of
Ireland, in the county of Kilkenny and province of
Leinller, 63 miles from Dublin. Before the union,
this towTn returned two members to the Irilh parlia¬
ment.
KNOLL, a term ufed in many parts of the kingdom
for the top of a fmall hill, or for the hill itfelf.
KNOLLES, Richard, was born in Northampton-
ihire, about the middle of the 16th century, and edu¬
cated at Oxford, after which he was appointed mafter
of the free-fchool at Sandwich in Kent. He compofed
Grammaticcc Latmee, Grcecce, ct Hebraic#, compendium,
cum radicibus, London 1606 ; and fent many excellent
i'cholars to the univerlities. He alfo fpent 1 2 years in
compiling a hiftory of the Turks ; which was firft print¬
ed in 1610. It is called, The general hiflory of the
Turks, from the frjl beginning of that nation to the rifng
of the Ottoman family, &c. He died in 161c, and
this hiftory has been fince continued by feveral hands :
the bell continuation is that by Paul Ricaut conful at
Smyrna, folio, London 1680. Knolles wrote alfo,
“ The lives and conquefts of the Ottoman kings and
emperors to the year 1610 which rvas not printed till
after his death in 1621, to which time it was conti¬
nued by another hand \ and laftly, “ A brief difcourfe
of the greatnefs of the Turkifh empire, and where¬
in the greatnefs of the ftrength thereof confifteth,”
8tc.
KNOT, a part of a tree, from which {hoot out
branches, roots, or even fruit. The ufe of the knots
is, to {Lengthen the llem ; they ferve alfo as fearces,
to filtrate, purify, and refine the juices raifed up for
the nouriftiment of the plant.
Knotts of a Rope, among feamen, are diftinguilhed
2
3 ] K N O
into three kinds, \iz. whole knot, that made fo with Knots
the lays of a rope that it cannot Hip, ferving for li
{beets, tacks, and (toppers: bowline knot, that fo firm- 1
ly made and faftened to the cringles of the fails, that
they mult break or the fail fplit before it flips: and
Iheep-fnank knot, that made by Ihortening a rope with¬
out cutting it, which may be prefently loofened, and
the rope not the worfe for it.
Knot s of the Log-line, at fea, are the divifions of it.
See the article Log,
Knot. See Tringa, Ornithology Index.
Knot Grafs, or Rif art. See Polygonum, Botany
Index.
KNOTTESFORD, a town of Cheftfire, near the
Merfey, 184 miles from London, is divided into the
upper and lower towms by a rivulet called Biclen. In
the former is the church j and in the latter is a chapel
of eafe, the market and town-houfe.
KNOTTINGLEY, a town in the weft riding of
Yorkftfire, on the Aire near Ferrybridge, is noted for
its trade in lime. The ftones of which it is made
are dug up plentifully at Elmet, and here burnt ; from
whence it is conveyed at certain feafons in great quan¬
tities to Wakefield, Sandal, and Standbridge, for (ale,
and fo carried into the wellern parts of the county for
manure.
KNOUT, the name of a punilhment inflifted in
Ruflia, w ith a kind of whip called knout, and made of
a long ftrap of leather prepared for this purpofe. With
this whip the executioners dexteroufly carry oft' a flip
of {kin from the neck to the bottom of the back laid
bare to the w'aiil, and repeating their blows, in a little
while rend away all the (kin of the back in parallel
ftripes. In the common knout the criminal receives the
lafties fufpended on the back of one of the executioners :
but in the great knout, which is generally ufed on the
fame occafions as racking on the wheel in France, the
criminal is raifed into the air by means of a pulley fixed
to the gallows, and a cord fallened to the two wriils
tied together j a piece of wood is placed between his
two legs alfo tied together ; and another of a crucial
form under his breail. Sometimes his hands are tied
behind over his back •, and when he is pulled up in this
pofition, his {boulders are diflocated. The execution¬
ers can make this punilhment more or lefs fevere j and it
is faid, are fo dexterous, that when a criminal is con¬
demned to die, they can make him expire at pleafure
either by one or leveral lafties.
KNOWLEDGE, is defined by Mr Locke to be
the perception of the connexion and agreement or dif-
agreement and repugnancy of our ideas. See Meta¬
physics and Logic.
KNOX, John, greatly diftinguiftied by the part he
took in the reformation in Scotland, was born in
at Gifford near Haddington, and educated at the univerii-
ty of St Andrew’s, where he took a degree in arts, and
commenced teacher very early in life. At this time the
new religion of Martin Luther was but little known in
Scotland ; Mr Knox therefore at firft was a zealous
Roman Catholic : but attending the fermons of a cer¬
tain Black friar, named Guialham, he began to waver
in his opinions 5 and afterwards converfing with the fa¬
mous Wifhart, who in 1544 came to Scotland with the
commiflioners fent by Henry VIII. he renounced the
Romifti religion, and became a zealous reformer. Be-
K N O [ 479 J K O E
ing appointed tutor to the fons ot the lairds ot Onm-
idoun and Longniddery, he began to inftruft them in
the principles of the Proteftant religion j and on that
account was fo violently perfecuted by the bithop of
St Andrew’s, that with his two pupils he was obliged
in the year 1547 to take Ihelter in the caftle of that
place. But the caflle was befieged and taken by 21
French galleys. Fie continued a prifoner on board a
galley two years, namely, till the latter end of the year
1549*, when, being fet at liberty, he landed in Eng¬
land, and having obtained a licenfe, was appointed
preacher, firft at Berwick, and afterwards at Newcaftle.
Strype corjeftures that in 1552 he was appointed
chaplain to Edward VI. Fie certainly obtained an an¬
nual penfion of 40!. and was offered the living of All¬
hallows in London ; which he refufed, not choofing to
conform to the liturgy.
Soon after the acceflion of Queen Mary, he retired
to Geneva •, whence, at the command of John Calvin,
he removed to Francfort, where he preached to the
exiles : but a difference arifing on account of his re-
fuling to read the Englifli liturgy; he went back to Ge¬
neva ; and from thence in 1555 returned to Scotland,
where the reformatio%had made confiderable progreis
during his abfence. He now travelled from place to
place, preaching and exhorting the people with unre¬
mitting zeal and refolution. About this time (1556),
he wrote a letter to the queen regent, earneftly en¬
treating her to hear the Protellant doclvine *, which let¬
ter fhe treated with contempt. In the' fame year the
Englilh Calvinifts at Geneva, invited Mr Knox to re-
fide among them. He accepted their invitation. Im¬
mediately after his departure from Scotland, the biihop
fummoned him to appear, and he not appearing, con¬
demned him to death for herefy, and burned his effigy
at the crofs of Edinburgh,
Our reformer continued abroad till the year I559»
during which time the publiihed his “ Firft Blaft againft
the monllrous Regiment of Women.” Having now re¬
turned to Scotland, he refumed the great work of re¬
formation with his ufual ardour, and was appointed
minifler at Edinburgh. In 1561 Queen Mary arrived
from France. She, it is well known, was bigotted
to the religion in which (he had been educated; and
cn that account was expofed to continual infults from
her reformed fubjecSs. Mr Knox himfelt frequently
infulted her from the pulpit ; and when admitted to
her prefence, regardlefs of her fex, her beauty, and
her high rank, behaved to her with a moll unjuftifiable
freedom. In the year 1571 our reformer was obliged
to leave Edinburgh, on account of the confulion and
danger from the oppolition to the earl of Lenox, then
regent ; but he returned the following year, and re¬
fumed his padoral funclions. He died at Edinburgh
in November 1572, and was buried in the churchyard
of St Giles’s in that city.—His Hiftory of the R.efor-
ination was printed with his other works at Edinburgh
in 1584, 1386, 1644, 1732. He publtlhed many
other pieces •, and feveral more are preferved in Calder-
wood’s Hillory of the Church of Scotland. He left alfo
a conliderable number of manuferipts, which in 1732
were in the poffeffion of Mr Woodrow, minifter of Eaft-
wood.
As to his charadler, it is eafily underftood, notwuth-
ftanding the extreme diffimilitude of the two portraits
drawn by Popitli and Calvmifttcal pencils. According
to the firft, he was a devil } according to the latter, an
angel. The following charadrier is drawn by Dr Ro-
bertfon. “ Zeal, intrepidity, difintereftednefs, were
virtues that he poffeffed in an eminent degree. He was
acquainted too with the learning cultivated in that age 5
and excelled in that fpecies of eloquence which is calcu¬
lated to roufe and to inflame. His maxims, however,
were often too fevere, and the impetuoflty of his temper
exceffive. Rigid and uncomplying, he ftiowed no in¬
dulgence to the infirmities of others. Regardlefs of the
diftinctions of rank and charadfter, he uttered his admo¬
nitions w'xth aii acrimony and vehemence more apt to
irritate than to reclaim ; and this oiten betrayed him
into indecent expreffions, with refpeft to Queen Mary’s
perfon and condixdft. Thofe very qualities, however,
wffiich now render his charafter lefs amiable, fitted him
to be the inftrument of Providence for advancing the
Reformation among a fierce people, and enabled him to
face dangers, and to furmount oppofition, from which
a pierfon of a more gentle fpirit would have been apt to
ftirink back. By an unwearied application to ftudy
and to bufinefs, as well as by the frequency and fervour
of his public difeourfes, he had worn out a conftitu-
tion naturally ftrong. During a lingering illnefs, he
difeovered the utmoft fortitude ; and met the approach
of death with a magnanimity infeparable from his cha¬
racter. He was conftantiy employed in a<ffs of devo¬
tion, and comforted himfelf with thofe profpedls of im¬
mortality, which not only preferve good men from def-
ponding, but fill them with exultation in their laft mo¬
ments. The earl of Morton, who was prefent at his
funeral, pronounced his eulogium in a few words, the
more honourable for Knox, as they came from one
whom he had often cenfured with peculiar feverity ;
“ Here lies he who never feared the face of man.”
KNOXIA, a genus of plants belonging to the ter
trandria clafs ; and in the natural method ranking un¬
der the 47th order, Stellate?, bee Botany Index.
KNUTZEN, Matthias, a native of Holftein, the
only perfon on record who openly profefled and taught
atheifm. It is faid he had about 1000 difciples in dif¬
ferent parts of Germany. They were called Confaen-
ciaries, becaufe they aflerted there is no other God, no
other religion, no other lawful magiftracy, but con-
fcience, which teaches every man the three fundamen¬
tal principles of the law of nature :—To hurt nobody,
to live honeftly, and to give every one his due. Seve¬
ral copies of a letter of his from Rome were fpread a-
broad, containing the fubftan^e of his fyftem. It is to
be found entire in the laft edition of Micradius.
KOEDOE. See Capra.
KOEI-tcheou, a province of China, and one of the
fmalleft in the empire. On the fouth it has Quang-fi,
on the eaft Hou-quang, on the north Se-tchuen, and
Yun-nan on the weft. The whole country is almoft a
defert, and covered with inacceffible mountains : it may
juftly be called the Siberia of China. 'Die people who
inhabit it are mountaineers, accuftomed to independence,
and who feem to form a feparate nation : they are no
lefs ferocious than the favage animals among which they
live.—The mandarins and governors who are fent to
this province are fometimes difgraced noblemen, whom
the emperor does not think proper to difeard entirely,
either on account of their alliances, or the fervices
which
Kn^-xia
K O E
Kre-rij-fer. tlisy have rendered to the date : numerous gar-
v nTons are intruded to their charge, to overawe the in¬
habitants of the country ; but thefe troops are found in-
fufficient, and the court defpairs of being ever able tho¬
roughly to fubdue thefe untraflable mountaineers.—Fre¬
quent attempts have been made to reduce them to obe¬
dience, and new forts have from time to time been
eiecled in their country j but the people, who are not
ignorant of thofe deligns, keep themfelves fhut up among
their mountains, and feldom irfue forth but to deftroy
the Chinefe works or ravage their lands. Neither filk
fluffs nor cotton cloths are manufaclured in this pro¬
vince j but it produces a certain herb much refembling
our hemp, the cloth made of which is ufed for fummer
drefles. Mines of gold, lilver, quickfilver, and copper,
are found here ; of the laft metal, thofe fmall pieces of
money are made which are in common circulation
throughout the empire.—Koei-tcheou contains to cities
-of the firft clafs, and 38 of the fecond and third.
KCEMhFER, Engelbert, was born in 1651 at
Lemgow in Weftphalia. After ftudying in feveral
towns, he went to Dantzick, where he gave the firft
public fpecimen of his proficiency in a differtation
De majejlatis divifione. He then went to Thorn ; and
■rom thence to the univerfity of Cracow, where he took
ins degree of dodfor in philofophy j after which he went
to Koningfberg in Pruffia, and ftaid there four years.
He next travelled into Sweden, where he foon began
to make a figure, and was appointed fecretary of the
embaffy to the fophi of Perfia. He fet out from Stock-
holm with the prefents for that emperor} and went
through Aaland, Finland, and Ingermanland, to Nar¬
va, where lie met Mr Fabricius the ambaffador, who
had been ordered to take Mofcow in his way. The
ambaffador having ended his negociations at the Ruffian
court, fet out for Perfia. During their ftay, two years,
'at Ifpahan, Dr Koempfer, whofe curious and inquifitive
difpofition fuffered nothing to efcape him unobferved,
made all the advantages poflible of remaining fo long in
the capital of the Perfian empire. The ambaffador, to¬
wards the clofe of 1 685, preparing to return into Eu¬
rope, Dr Koempfer chofe rather to enter into the fer-
vice of the Dutch Eaft India Company, in quality of
chief furgeon to the fleet, then cruifing in the Perfian
gulf. He went aboard the fleet, which, after touching
at many Dutch fettlements, came to Batavia in Septem¬
ber 1 689. Dr Koempfer here applied himfelf chiefly
to natural hiftory. Hence he fet out for Japan, in qua¬
lity of a phyfician to the embaffy which the Dutch Eaft
India Company fend once a year to the Japanefe court.
He quitted Japan to return to Europe in 1692. In
1694 he took his degree of dodfor of phyfic at Leyden ;
on which occafion he communicated, in what are called
Inaugural Thefes, ten very Angular and curious obferva-
tions made by him in foreign countries. He intended
to digelt his memoirs into proper order j but was pre¬
vented, by being made phyfician to the count de
Lippe. He died in 1716. His principal works are,
1. -dmoemtates Exotica, in 4to ; a work which includes
many curious and ufeful particulars in relation to the
civil and natural hiftory of the countries through which
he paffed. 2. Herbarium Ultra-Gangeticum. 3. The
hiltory of Japan, in German, which is very curious and
much eileemed ; and for which the public is inde! ted
tb the late Sir Hans Sloane, who purchafed for a con-
l
Koemp.
fcria.
11.
KomV.
[ 48° ] K O NT
fiderable fum of money all our author’s curiofities,
both natural and artificial, as likewife all his drawings
and manufcript memoirs, and prevailed with the learn¬
ed Dr Scheuchzer to tranflate the Japanefe hiftory into
Englifti.
KCEMPFERIA. See Kempferia.
KOENIGIA, a genus of plants belonging to the
triandria clafs. See Botany Index.
KONGSBERG, a town of Norway, belonging to
Denmark, and celebrated for its filver mines, whofe
produce has been confiderably exaggerated by moil of
the travellers that have publifhed on this fubjedl. The
town, wrhich ftretches on both fides the river Lowe,
contains about 1000 houfes, and including the miners
6000 inhabitants. The mines, which lie about two
miles from the town, were firft difcovered and worked
during the reign of Chriftian IV. j and of their prefent
ilate the following account is given by Mr Coxe *. * Travtlt
Jhere are 36 mines now working •, the deepelt where-*”
of, called Segen-Gottes in der Nort/i, is 652 feet perpen-^C'v'
dicular. The matrix of the ore is the faxum of Lin¬
naeus. The filver is extradled according to the ufual
procefs, either by fmelting the ore with lead or by
pounding. The pure filver is occafionally found in
fmall grains and in fmall pieces of different fizes, fel¬
dom weighing more than four or five pounds. Some¬
times, indeed, but extremely rare, maffes of a confi-
derable bulk have been difcovered j and one in parti¬
cular which weighed 409 marks, and was worth 3000
rix-dollars, or 600I. This piece is ftill preferved in
the cabinet of curiofities at Copenhagen. Formerly
thefe mines produced annually 350,000 rixdollars, or
70,000!.; and in 1769, even 79,000!.; at prefent they
feldom yield above from 44,000!. to 50,000!. Former¬
ly above 4000 men were neceffary for working the
mines, fmelting and preparing the ore ; but a few
years ago 2400 miners were removed to the cobalt
rvorks lately eftabliflied at Foffum, and to other mines ;
and the number is now reduced to 2500. By thefe
and other redudlions, the expence, wdiich was before
eftimated at 5760I. per month, now amounts to only
4400I. or about 52,800!. per annum. Yet even with
this diminution the expences generally equal, and fome-
times exceed the profits. Government, therefore, draws
no other advantages from thefe mines, than by giving
employment to fo many perfons, who would otherwife
be incapable of gaining their livelihood, and by re¬
ceiving a certain quantity of fpecie, which is much
wanted in the prefent exhaufted ftate of the finances in
Denmark. For fuch is the deficiency of fpecie, that
even at Kongfberg itfelf change for a bank note is
with difliculty obtained. The miners are,paid in fmall
bank notes, and the w’hole expences are defrayed in
paper currency. The value of 13,000 rixdollars, or
2600I. in block filver is annually fent to Copenhagen ;
the remainder of the ore is coined in the mint at
Kongfberg, and transferred to Copenhagen. The
largefl piece of money now ftruck at Kongfberg is only
eight {killings or fourpence.
KONIG, George Matthias, a learned German,
born at Altorf in Franconia in 1616. He became
profeffor of poetry and of the Greek tongue there, and
librarian to the univerfity ; in which laft office he fuc-
ceeded Ids father. He gave fererai public fpecimens
of his learning ; but is principally known for a Bio¬
graphical
K O ft [ 4§r ] K O T
Konlgftein graphical Di&ionary, entitled, Eibllotbca vetus et nova,
4to, Altorf, 1674: which, though it is very defeftive,
^Koraquas. ufef,2l to biographers. He died in 1699.
v KONIGSTEIN, the capital of a county of the fame
name in Germany. It is 11 miles north-weft of Franc-
fort on the Maine, and 30 miles north-eaft of Mentz.
Konigstein, is alfo the name of a town in Bavaria,
and of one in Saxony.
KONINGSBERG, a town of Poland, and capital
of Regal Pruftia. with a magnificent palace, in which
is a hall 274 feet long and 59 broad without pillars
to fupport it, and a handfome library. It is about
five miles in circumference *, and, including the garri-
fon of 7000 men, contains 60,000 inhabitants. The
townhoufe, the exchange, and the cathedral church,
are all very fine ftruftures. The tower of the caftle is
exceeding high ; and has 284 fteps to go to the top,
from whence there is a very diftant profpeft. There
are 18 churches in all; of which 14 belong to the
Lutherans, three to the Calvinifts, and one to the Pa-
pifts. It ftands on the Pregel, a navigable river which
flows from the north-weftern provinces of Poland, and
here falls into the eaftern extremity of the Frifche-Haf,
an inlet of the Baltic. No fhips drawing more than
feven feet water can pafs the bar and come up to the
town ; fo that the large veffels anchor at Pillau, a fmall
town on the Baltic, which is the port of Koningfberg ;
and the merchandife is fent in fmaller veffels to this
place. Its trade is very confiderable.—Koningfberg con¬
tains an univerfity founded by Albert of Brandenburg.
According to the original endowment there were 40
profeffors ; but their number is now reduced to 16.
Each profeffor receives a falary ot about 50I. per annum,
which may be increafed by private le6tures. In 1775,
the univerfity contained 800 ftudents, of whom 200
are lodged and boarded at the expence of the crown.
There are three public libraries in the town, the royal
or univerfity library, the towm library, and the Wallen-
rodt library, fo called becaufe it was given by Martien
von Wallenrodt, in 1650. E. Long. 35. N Lat 54. 43.
KORAN, or Alcoran. See Alcoran and Ma¬
hometanism.
KORAQUAS, a tribe of Hottentots inhabiting
a diftridt in the fouth of Africa, on the confines of the
Nimiqua country. The people are much taller than
the other Hottentots of the colonies, though they evi¬
dently appear to be defcended of the fame race, having
the <ame language and cuftoms with their neighbours
the Nimiquas, who are undoubtedly of the fame ex-
tradlion. Like other favage tribes, the Koraquas are
ever ready to pilfer, and appropriate to their own ufe
whatever they find pleafing, or fuited to their purpofes.
They attempted to carry off fome of M. Vaillant’s ef-
fefts, even before his face, and he was obliged, either
to watch over or depofit them in fome place of fafety,
in order to prevent their rapacity.
The exceflive drynefs of the country renders fprings
extremely rare ; but to fupply this defedi the inhabitants
dig in the earth a kind of cifterns, to which they gra¬
dually defcend by means of fteps ; the greateft marks of
induftry which M. Vaillant could difcover among any of
the African nations. To fecure this fcanty fupply of
water even from the birds, they are in the pradfice of
covering the mouth of the hole with ftones and the
branches of trees ; yet in ipite of all this economy, the
VOL. XL Part II.
wells frequently become dry, in which cafe the horde Koreki
muft remove to lome other quarter. This circum fiance , I!
renders the Koraquas a more wandering people than any K~°ner"'s
of the other weftern tribes. They colour their bodies
difterently according to whim or caprice, and it is no
uncommon thing to fee them vary it every day, which
gives them to each other a ftrange appearance as if they
were dreffed for a mafquerade.
KOREKI, the country of the Koriacs. See the
next article.
KORIACS, a people inhabiting the northern part
of Kamtfchatka, and all the coaft of the Eaftern ocean
from thence to the Anadir.—They are divided into
the Rein-deer or Wandering Koriacs, and the Fixed
Koriacs. The former lead an erratic life, in the tradl
bounded by the Penfchinfka fea to the fouth-eaft, the
river Kowyma to the weft, and the river Anadir to
the north. They winder from place to place with
their rein deer, in fearch of the mofs, the food of thofe
animals, which are their only wealth. They are Iqua-
lid, cruel, and warlike; the terror of the Fixed Ko¬
riacs, as much as the Tfchutlki are of them. They
never frequent the fea, nor live on fifti. Their habita¬
tions are jourts, or places half funk in the earth ; and
they never ufe balagans or fummer houfes elevated on
polls like the Kamtfchatkans. They are in their per-
fons lean, and very ftiort; have fmall heads and black
hair, which they fhave frequently : their faces ate oval *,
their nofe is ftrort; their eyes are fmall; their mouth
is large ; and their beard black and pointed, but often
eradicated.—The Fixed Koriacs are likewife Ihort ;
but rather taller than the others, and ftrongly made :
the Anadir is alfo their boundary to the north, the
ocean to the eaft, and the Kamtfchatkans to the fouth.
They have a few rein deer, which they ufe in their
fledges ; but neither of the tribes of Koriacs are civi¬
lized enough to apply them to the purpofes of the
dairy. Each Ipeak a different dialed of the fame
language : but the Fixed in moft things refemble the
Kamtfchatkans ; and, like them, live almoft entirely on
fifti. They are timid to a high degree, and behave to
their wandering brethren with the utmoft fubmiflion ;
who call them by a name which fignifies their Jlaves.
Thefe poor people feem to have no alternative : for,
by reafon of the fcarcity of rein deer, they depend on
thefe tyrants for the effential article of clothing. 
Thefe two nations, Mr Pennant fuppofes, from their
features, to be the offspring of Tartars, which have
fpread to the eaft, and degenerated in fize and fireng^h
by the rigour of the climate, and often by fcarcity of
food.
KOS, in Jewifti antiquity, a meafure of capacity,
containing about four cubic inches : this was the cup
of blefling out of which they drank when they gave
thanks after folemn meals, like that of the paffover.
KOTTERUS, Christopher, was one of the three
fanatics whofe vifions were publiftied at Amfterdam in
1657, with the title of Lux in tenebris. He lived
at Sprotta in Silefia, and his vifions began in 16.6.
He fancied he faw an angel under the form of a man.
who commanded him to go and declare to the magi-
ftrates, that, unlefs the people repented, the wrath of
God would make dreadful havock. The eletftor pala¬
tine, whom the Proteftants had declared king of Bo¬
hemia, was introduced in thefe vifions. Kotterus
3 P waited
Crofter s
K O U . f 482
waited on him at Breflaw in December 1620, and in¬
formed him of his commiffion. He went to feveral
other places, and at laft to the court of Brandenburg.
As nioit of theie prediflions promifed felicity to the
elector palatine, and unhappinefs to his imperial ma-
jefty, the emperor’s fifcal in Silefia and Lufatia got
him feized, fet on the pillory, and banifhed the empe¬
ror’s dominions. Ugon this he went to Lufatia, and
there lived unmolefted till his death, which happened
in 1647.
KOU-chu, a Chinefe fhrub, which bears a great
refemblance to the fig tree both in the make of its
branches and the form of its leaves. From its root
P 486.VO'I-feVC:ral twiSs or {}loots generally fpring up, which form
a kind of bufh , but fometimes it confifts of only one
fhoot. The wood of the branches of the kou-chu is
foft and fpongy, and covered with bark like that of the
fig tree. Its leaves are deeply indented, and their co¬
lour and the texture of their fibres are exaffly the fame
as thofe of the fig tree ; but they are larger and thick¬
er, and much rougher to the touch.
This tree yields a kind of milky juice, which the
Chinefe ufe for laying on gold leaf in gilding. They
make one or more incifions in the trunk, into which
they infert the edges of a (hell, or fomething elfe of
the fame kind to receive the fap. When they have
extracted a fufficiency, they ufe it with a fmall brufli,
and delineate whatever figures they intend for the de¬
coration of their work. They then lay on the gold-
leaf, which is fo ftrongly attra&ed by this liquor, that
it never comes off.
KOUANIN, in the Chinefe language, the name of
a tutelary deity of women. The Chinefe make great
numbers of the figures of this deity in white porcelain,
and fend them to all parts of the world, as well as keep
them in their own houfes. The figure reprefents a
woman with a child in her arms. The women who have
no children pay a fort of adoration to thefe images, and
fuppofe the deity they reprefent to have power to make
them fruitful. The ftatue always reprefents a hand-
fome woman very modeftly attired.
KOUC, or Koeck, Peter, an excellent painter in
the 16th century, was born at Aloft, and was the dif-
ciple of Bernard Van Orley, who lived with Raphael.
He went to Rome 5 and by ftudying the beautiful
pieces which he found there, formed an excellent tafte,
and became a very correft defigner. On his return to
his own country, he undertook the office of dire&ing
the execution of fome tapeftry work after the defigns
of Raphael. He was afterwards perfuaded by fome
merchants of Bruffels to undertake a voyage to Con-
flantinople ; but when he came there, finding that the
Turks were not allowed by their religion to draw any
figure, and that there was nothing for him to do but
to draw defigns for tapeftry, he fpent his time in de-
figning the particular profpe£ls in the neighbourhood
of Conftantinople, and the manner of the Turks liv-
ing ; of which he has left many wooden cuts, that
alone fuffice to give an idea of his merit. After his
return from Conftantinople he fettled at Antwerp,
wffiere he drew feveral pi<ft ures for the emperor Cha. V.
He was alfo a good architedd ; and, in the latter part
of his life, wrote A Treatife of Sculpture, Geometry,
and Perfpedive •, and tranflated Vitruvius and Serliv
into the Flemiffi tongue. He died in 1550.
] K O U
KQdLI-kflAN, Thamas, or Schah Nadir, was
not tne fon of a ihepherd, as the authors of the Eng-
bih Biographical Dudionary aflfert : his father being
chief ol a branch of the tribe of Affchars, and gover¬
nor of a rortrefs erected by that people again ft the
lurks. Upon his father’s death, his uncle ufurped
his government, under the pretext of taking care of
it during the minority of Kouh-Khan } or, more pro¬
perly, young Nadir. Diiguft at this affront made
him commence adventurer. Fie entered into the fer-
vice of the beglerbeg or governor of Mulchada, in
Khorafan j who, difcovering in him ftrong marks of a
military genius, promoted him to the command of a
regiment of cavalry. In 1720, the Utbec Tartars ha¬
ving made an irruption into Khorafan with 10,000
men, the beglerbeg, whofe whole force confifted only
Oi 4000 horfe and 2000 infantry, called a council of
war, in which it was declared imprudent to face the
enemy with fuch an inferior force : but Kouli-Khau
propofed to march againft the enemy, and engaged to
condmd the expedition, and to be anfwerable for the
fuccefs of it. He was accordingly made general ; de¬
feated the Tartars, and took their commander prifon-
er. Hoffein Beglerbeg received him at his return
with marks of diftimffion : but growing jealous of his
nfing fame, inftead of obtaining him the rank of lieu¬
tenant-general of Khorafan, as he had promifed, ob¬
tained it for another j which fo exafperated Kouli-
Khan, that he publicly complained of the governor’s
ingratitude and perfidy j who thereupon broke him,
and ordered him to be puniftied with the baftinado fo
feverely, that the nails of his great toes fell off. This
affront occafioned his flight, and his joining a ban¬
ditti of robbers (not his ftealing his father’s or his
neighbour’s fheep). Ihe reft of his adventures are
too numerous to be inferted in this work. In 1720
he was made general of Perfia by Schah Thamas, and
permitted to take his name Thamas, and that of Kbuli,
which fignifies Jlave : his title therefore was, The Jlave
of Thamas; but he was ennobled by the addition of
Khan. In 1736, he fomented a revolt againft his
mafter, for having made an ignominious peace with
the Turks j and having the army at his command, he
procured his depofition, and his own advancement to
the throne. In 1739 he conquered the Mogul em¬
pire $ and from this time growing as cruel as he was
ambitious, he at length met with the ufual fate of
tyrants, being affaffinated by one of his generals, in
league with his nephew and fucceffor, in 1747, aged
fixty.
KOUMISS, a fort of wine made in Tartary, where
it is ufed by the natives as their common beverage
during the feafon of it, and often ferves them inftead
of all other food. It is faid to be fo nouriihing and
falutary, that the Bafchkir Tartars, who towards the
end of winter are much emaciated, no fooner return
in fummer to the ufe of koumifs, than they become
ftrong and fat. The author of “ A hiftorical defeription
of all the nations which compofe the Ruffian empire,”
fays, fpeaking of koumifs, Elle ejl fort nouriffante, et
pent temr lieu de tout autre aliment. Les Bafchkirs s'en
trouvent tres bien, elle les rend bienportans et gais ; elle
leur donne de Pembonpoint, et de bonnes couleurs. From
the Tartars it has been borrowed by the Ruffians, who
ufe it medicinally. It is made with fermented mares
milk.
Kou!i-
khan,
K.oumifs.
 v J
K O U
[ 4?3 1
K O U
Koumlfs. milk, according to the following recipe, communicated
1  by Dr Grieve, in the Edinburgh Philofophical Tranf- .
a&ions as he obtained it from a Ruffian nobleman,
who went into that part of Tartary where it is made, for
the fake of ufing it medicinally.
“ Take of frefli mares milk, of one day, any quan¬
tity ; add to it a lixth part of water, and pour the mix¬
ture into a wooden veffel j ufe then, as a ferment, an
eighth part of the foureit cows milk that can be got j
but at any future preparation, a fmall portion of old
koumifs will better anfwerithe purpofe of fouring ;
cover the veffel with a thick cloth, and fet in a place
of moderate warmth j leave it at red 24 hours, at
the end of which time the milk will have become
four, and a thick fubftance will be gathered on the
top 5 then with a flick made at the lower end in the
manner of a churn flaff, beat it till the thick fubftance
above mentioned be blended intimately wdth the fubja-
cent fluid. In this fttuation, leave it again at reft for
24 hours more 5 after which pour it into a higher and
narrower veffel, refembling a chum, where the agita¬
tion muft be repeated as before, till the liquor appear
to be perfedfly homogeneous } and in this ftate it is call¬
ed koumifs, of which the tafte ought to be a pleafant
mixture of fweet and four. Agitation muft be employ¬
ed every time before it be ufed.”—To this detail of the
procefs the nobleman fubjoined, that in order to obtain
milk in fufficient quantity, the Tartars have a cuftomof
feparating the foal from the mare during the day, and
allowing it to fuck during the night: and when the
milk is to be taken from the mare, which is generally
about five times a-day, they always produce the foal,
on the fuppofition that ftie yields her milk more copiouf-
ly when it is prefent.
To the above method of making koumifs, our au¬
thor has added fome particulars taken from other com¬
munications wdth which he was favoured by Tartars
themfelves. According to the account of a Tartar
who lived to the fouth-eaft of Orenbourg, the pro¬
portion of milk and fouring ought to be the fame as
above j only, to prevent changing the veffel, the milk
may be put at once into a pretty high and narrow
veffel : and in order to accelerate the fermentation,
fome warm milk may be added to it, and, if neceffary,
more fouring.—From a Tartar whom the dodlor met
with at the fair of MaCarieff upon the Volga, and from
whom he purchafed one of the leathern bags (a) w'hich
are ufed by the Kalmucs for the preparation and car¬
riage of their koumifs, he learned that the procefs may be
much Ihortened by heating the milk before the fouring
be added to it, and as foon as the parts begin to fepa-
rate, and a thick fubftance to rife to the top. by agi¬
tating it every hour or oftener. In this way he made
fome in the doftor’s nrefence in the fpace of 1 2 hours.
Our author learned alfo, that it wTas common among fome
Tartars to prepare it in one day during fummer, and
that with only two or three agitations 5 but that in win¬
ter, when, from a deficiency of mares milk, they are ob¬
liged to add a great proportion of that of cows, more
agitation and more time are neceffary. And though
it is commonly ufed v/ithin a few days after the pre¬
paration, yet when well fecured in clofe veffels, and
kept in a cold place, that it may be preferred for three
months, or even more, without any injury to its qua¬
lities. He was told farther, that the acid fermenta¬
tion might be produced by four milk as above, by a
four pafte of rye flour, by the rennet of a lamb’s fto-
mach, or what is more common, by a portion of old
koumifs, and that in fome places they faved much
time, by adding the new milk to a quantity of that
already fermented j on being mixed with which, it very
foon undergoes the vinous change.
It was according to the proceft firft mentioned,
however, that all koumifs w-hich the doctor em¬
ployed in medicine was prepared.—It has been found
ferviceable in hedtics and nervous complaints ; and
our author relates fome very ftriking cafes which the
ufe of it had completely cured. All thole w’ho drank
it, our author informs us, agreed in faying, that during
its ufe, they had little appetite for food •, that they
drank it in very large quantities, not only without dil-
guft, but wdth plealure j that it rendered their veins
turgid, without producing languor ; that, on the con¬
trary, they foon acquired from it an uncommon
degree of fprightlinefs and vivacity j that even in cafes
of fome excefs it was not followed by indigeftion, head-
ach, or any of the fymptoms w7hich ufually attend the
abufe of other fermented liquorsk
The utility, however, of this preparation as a medi¬
cine, fuppofing it completely afcertained, would among
us, as our author obferves, be greatly circumfcribed by
the fcarcity of mares milk in this country. “ Hence
(fays he) inquiries wdll naturally be made, whether other
fpecies of milk admit of a fimilar vinous fermentation,
and what proportion of fpirit they contain. As thefe
have never been the objeft, however, of my attention,
I will here give the fubftance of what I have been able
to learn from others refpedling that which is the moft
pommon, the milk of cowrs.
“ Dr Pallas, in the w'ork above quoted, fays, that
cows milk is alfo fufceptible of the vinous fermentation,
and that the Tartars prepare a wdne from it in winter,
when mares milk fails them *, that the wdne prepared
from cows milk, they call airen ; but that they always
prefer koumifs when it can be got, as it is more agree¬
able, and contains a greater quantity of fpirit ; that
koumifs on dillillation yields of awreak fpirit one third,
but that airen yields only two ninth parts of its w’hole
quantity, which fpirit they call arica.
“ This account is confirmed by Oferetlkowfky, a
Ruffian, who accompanied Lepechin aud other acade¬
micians, in their travels through Siberia and Tartary.
3 P 2 He
Kou'.ntft.
(a) This bag was made of a^orfe’s hide undreffed, and by having been fmoked had acquired a great degree
of hardnefs. Its fhape w^as conical, but was at the fame time fomewhat triangular, from being compofed of three
different pieces, fet in a circular f afe of the lame hide. The futures, which wTere made with tendons, were fecared
bv a covering on the outfide, with a doubling of the fame Ikin, very clofely fecured. It had a dirty appearance,
and a very difagreeable fmell. On hemp- alked the reafon of this, he faid, 4‘ The remains of the old koumifs w7ere
left, in order to fupply a ferment to the new milk.”
K 11 I [ 484. ] K U R
Ke publiihed lately a cllffertation on the ardent fpirit
to be obtained fiom cows milk.
“ From his experiments it appears, that cows milk
may be fermented with, or even without, fouring, pro¬
vided fufficient time and agitation be employed ; that
no fpirit could be produced from any of its conlti-
tuent parts taken leparately, nor from any two of them,
nnlefs inafmuch as they are mixed with home part of
the third ; that the milk with all its parts in their natu¬
ral proportion was the moft produdlive of if, that
the clofer it was kept, or, which is the fame thing, the
more difficultly the fixed air is allowed to efcape during
the fermentation (care being taken, however, that we
do not endanger the burfting of the veffel), the more
fpirit is obtained. He alfo informs us, that it had a
fourer fmell before than after agitation j that the quan¬
tity of fpirit was increafed, by allowing the fermented
liquor to repofe for fome time before diftillation j that
from fix pints of milk fermented in a clofe veffel, and
thus fet to repofe, he obtained three ounces of ardent
fpirit, of which one was confumed in burning j but
that from the fame quantity of the time milk fer¬
mented in an open veffel, he could fcarcely obtain an
ounce.
KRAKEN, the name of an animal fuppofed to have
been feen at fea, of a monftrous fize, in the exiftence of
which the weaknefs and credulity of the fifhermen have
excited the belief even among refpeftable naturalifts,
and among others Bifhop Pontoppidan, who defcribes
it in his Natural Hiftory of Norway. It is probable
that the whole depends on certain optical appearances
ariling from a peculiar (late of the atmofphere, which
thus exhibits to the deluded fancy fomething of the
form of a huge animal.
KRANTZIUS, Albertus, a native of Hamburgh,
and a famous hiftorian, who travelled over feveral parts
of Europe, and was made rector of the univerfity of
Roltoch in 1482. He went from thence to Ham¬
burgh in 1508, where he was elefted dean of the chap¬
ter in the cathedral. He did many good fervices to
that church and city ; and was fo famed for his abili¬
ties and prudence, that John king of Denmark and
Frederic duke of Holftein did not fcruple to make him
umpire in a difpute they had with the Ditmarli. He
wrote feveral good hiftorical works j the mod con-
fiderable of which is an Ecclefiaftical Hiftory of Saxo¬
ny, entitled Metropolis, in folio *, the bed; edition is that
of Francfort. He died in 1517.
KRAUT, or Grout. See Grout.
KRISHNA, or Crishna, an eaftern river of con-
fiderable magnitude, very little known to Europeans.
It annually overflows a vaft tradf of country, like the
Indus on the weftern fide of th« empire. It rifes from
the foot of the weftern Ghauts, about 45 miles from
Severndroog. There is another branch to the eaft, on
which fide is Sattara, a ftrong fortrefs, and once the
capital of the Mahratta ftate. The river continues de-
fcending to the eaft. Into the north fide of the Krifh-
na falls the great river Bima, after traverfing a country
350 miles in extent. The Krilhna, above and below
its conflux with the Bima, is fordable ; and its channel
is 600 yards wide a few miles below, rendered horrible
by the number and rudenefs of the different rocks,
which are only covered during the rainy feafon.
Another extenfive branch of the Kriihna is Tuog-
buddra, which falls into it in Lat. 160 25', and rifes Kubefiia
far to the fouthward from a dubious fountain. This ^ M
river derives conliderable celebrity from its having had
on its banks at one period the fplendid city of Vijana-
gar, in Lat. 150 22', founded in 1344 by Belaldeo
king of the Carnatic, which at that time comprehend¬
ed the whole peninfula. This vaft city is faid to have
been 24 miles in circumference. In the remaining
part of the courfe of the Krilhna, there is nothing to
be met with which is anyway remarkable.
KGBESHA. See Lksguis.
KUMI, the name of an illand fituated between Ja¬
pan and China, wThich was vilited by the unfortunate
navigator Peroufe. The inhabitants of this ifland are
neither Japanefe nor Chinefe, but feem to participate
of the nature of both. They wear a Hurt and cotton
drawers, and their hair, tucked up on the crown of the
head, is rolled round a needle, probably of gold. Each
wears a dagger with a golden handle j their canoes are
made of trees hollowed out, which they manage with
no great dexterity. At Kumi, veffels in want of pro-
vilions, wood, and water, might find a fealonable fup-
ply ; but as the whole illand does not exceed 12 miles
in circumference, the population can fcarcely be efti-
mated at more than 500 ; and as M. Peroufe well ob-
ferves, “ a few gold needles are not of themfelves a
proof of wealth,” fo that the trade with its inhabitants
would of neceffity be very limited. Kumi lies in 24°
33' N. Lat. and 1 20° 56' E. Long, from Paris.
KUNCKEL, John, a celebrated Saxon chemift,
born in the duchy of Slefwick, in 1630. He became
chemift to the eleffor of Saxony, the elector of Bran-
denburgh, and Charles XI. king of Sweden, who gave
him the title of counfellor in metals, and letters of no¬
bility, with the furname of Louwenjleing. He em¬
ployed 50 years in chemiftry j in which, by the help
of the furnace of a glafshoufe which he had under
his care, he made feveral excellent difcoveries, parti¬
cularly of the phofphorus of urine. He died in Swe¬
den in 1702 j and left feveral works, lome in Ger¬
man, and others in Latin: among which, that en¬
titled Obfervationes Chemicee, and the Art of making
Glafs, printed at Paris in are the moft ef-
teemed.
KURIL or Kurilski Isles, extending from N.
Lat. 51. to 45. which probably once lengthened the
peninlula of Kamtfchatka before they were convulfed
from it, are a feries of iflands running fouth from the
low promontory Lopatka, between which and Shoomlka
the moft northerly is only the diftance of one league.
On the lofty Paramoufer, the fecond in the chain, is a
high peaked mountain, probably volcanic $ there is alfo
a volcano on the fourth, called Araumahutan; and
there are others on fome of the fmaller illands. Japan
alfo abounds wdth volcanoes; fo that there is a feries of
fpiracles from Kamtfchatka to Japan, the laft great
link of thi- extenfive chain.—The Ruffians foon an¬
nexed thefe iflands to their conquefts. The fea abound¬
ed with otteis, and the land with bears and foxes j and
fame of the ifles (heltered the fable ; but now it is laid,
the furs of the fea otters have become extremely fcarce
both here and in Kamtfchatka.
Of the 21 illands fubjedf to the Ruffian empire, no
more than four are nhabited, which are the firft, fe¬
cond, thirteenth, and fourteenth, as they are diftin-
guifhed
Kurtus,
Kufter.
K U S [ 4B
guifhed from each other by numbers inftead of names.
The inhabitants pafs the winter on N°I4, and the iiim-
mer months on N° 13. The reft of thefe iflands are
wholly uninhabited ; but vifited occalionally, for the
purpofe of hunting otters and foxes. Between the
iilands the currents are extremely violent, efpecially at
the entrance of the channels, fome of which are block¬
ed up with rocks on a level with the fea. The popu¬
lation of the four inhabited iftands may amount to
1400. The natives are hairy, have long beards, and
fublift entirely on the produce of the chace, on feals,
and other fpecies of fifti. At the time when Peroufe
vifited this illand, the people were exempted for ten
years from the tribute paid to the emperor of Ruflia,
becaufe the number of otters was greatly diminilhed j
a plealing proof of the mildnefs of that government,
which has been fo often reprefented as rigidly defpotic.
The people of thefe iflands are reprefented as poor, but
virtuous, given to hofpitality, and docile, and all of
them believers of the Chriftian religion. They extend
from 510 to 450 N. Lat.
KURTUS, a genus of fifties belonging to the order
Jugulares. See ICHTHYOLOGY Index.
KUSTER, Ludolf, a very learned writer in the
18th century, was born at Blomberg in Weftphalia.
When very young, he was upon the recommendation
of Baron Spanheim appointed tutor to the two fons
of the count de Schwerin, prime minifter of the king
of Pruflia, who, upon our author’s quitting that fta-
tion, procured him a penfion of 400 livres. He was
promifed a profeflbrfhip in the univerfity of Joachim ;
and till this fliould be vacant, being then but 25, he
refolved to travel. He read Jeftures at Utrecht; went
to England ; and from thence to France, where he
collated Suidas with three MSS. in the king’s library,
which furniftied him with a great many fragments
that had never been publiihed. He was honoured
with the degree of doflor by the univerfity of Cam¬
bridge, which made him feveral advantageous offers
to continue there : but he was called to Berlin, where
he was inrtalled in the profelforftiip promifed him.
Afterwards he went to Antwerp j and being brought
over to the Catholic religion, he abjured that of the
Proteftants. The king of France rewarded him with
a penfion, and ordered him to be admitted fupernu-
merary aflbeiate of the Academy of Infcriptions. But
he enjoyed this, however, a very fliort time; he died
in 1716, aged 46. He was a great mafter of the
5 1 ' K Y P
Latin tongue, and wrote well in it j but his chief Ky’ei
excellence was his (kill in the Greek language, to ^yFhon:t:iY
which he almoft entirely devoted himfelf. Fie wrote
many works 5 the principal of which are, 1. Hijloria
critic a Homeri. 2. Jamblicus de vita Pifthagoree. 3. An
excellent edition of Suidas, in Greek and Latin, three
volumes, folio. 4. An edition of Ariftophanes, in
Greek and Latin, folio. 5. A new Greek edition
of the New Teftament, with Dr Mills’s Variations,
in folio.
KYLE, a diftrift of Ayrfhire in Scotland, the li¬
mits of which are erroneoufly ftated in the account
which is given of that county. There are three dif-
trifts in Ayrftiire, Garrick to the fouth, Kyle in the
middle, and Cunningham to the north. Carrick is di¬
vided from Kyle by the river Doon, and not by the
river Ayr as has been noted by miftake the boundaries
of Kyle are the river Doon on the fouth, and the river
Irvine on the north. See Ayrshire.
KYPHONISM, Kyphonismus, or Cyphonifmus,
an ancient punilhment which was frequently undergone
by the martyrs in the primitive times •, wherein the
body of the perfon to fuffer was anointed with honey,
and fo expofed to the fun, that the flies and wafps
might be tempted to torment him. This was per¬
formed in three ways : fometimes they only tied
the patient to a flake; fometimes they hoifted him
up into the air, and fufpended him in a balket j and
fometimes they ftretched him out on the ground with
his hands tied behind him. The word is originally Greek,
and comes from x-vtpm, which fignifies either the Jlake
to which the patient was tied, the collar fitted to his
neck, or an injlrument wherewith they tormented him:
the fcholiaft on Ariftophanes fays, it was a wooden
lock or cage j and that it was called fo from xottIuv,
“ to crook or bend,” becaufe it kept the tortured in
a crooked, bowing pofture ; others take the for
a log of wood laid over the criminal’s head, to prevent
his Handing upright: Hefychius deferibes the kvQu*-
as a piece of wood whereon criminals were ftretched
and tormented. In effedf, it is probable the word
might fignify all thefe feveral things. It was a generi-
cal name, whereof thefe were the fpecies.
Suidas gives us the fragment of an old law, which
punifhed thofe who treated the laws with contempt
with kyphonifm for the fpace of twenty days j after
which they were to be precipitated from a rock, dreffed
in women’s habit.
L.
T A femi-vowel, or liquid, making the eleventh
-*-'5 letter of the alphabet.
It was derived from the old Hebrew Lamed, or Greek
Lambda A. It is founded by intercepting the breath
between the tip of the tongue and forepart of the pa¬
late, with the mouth open ; and makes a fweet found,
with fomething of an afpiration 5 and therefore the
Britons and Spaniards ufually doubled it, or added ani
h to it, in the beginning of words, as in llan, or lhan,
“ a temple,” founding nearly like ft, &c. In Engliftv
words of one fyllable it is doubled at the end, as telly
bell, knell, &c. but in words of more fyllables than one
it is fingle at the end, as evil, general, conftitutional, &c.
It is placed after molt of tha confonants in the begin-)
ning
L A B [ 486 ] LAB
tilng of words and fyllables, as black, glare, ad-le, ea-gle,
See, but before none. Its found is clear in 4bel, but
obfeure in able, Sec.
As a numeral letter, L denotes 50 •, and v\ irh a
data over it, thus, L, 5COO. Ufed as an abbrevia¬
ture, L Hands for Lucius } and L. L. S. for a leiterce.
See Sestlrce.
LA, the fyilable by which Guido denotes the laft
found of each hexachord •, if it begins in C, it anfwers
to our A ; if in G, to E; and if in F, to D.
LABAD1E, John, a famous French enthufiaft, fon
of John Charles Labadie, governor of Bourges and
gentleman in ordinary of the bedchamber to the French
king, was born in 1610. He entered young into the
Jefuits college at Bourdeaux • which, by his own ac¬
count, he aftenvards quitted, but by other accounts was
expelled for his peculiar notions, and for hypocrily.
He became a popular preacher ; but being. repeatedly
detebled in working upon female devotees with fpiritual
inilruftions for carnal purpofes, his lofs of characler
among the Catholics drove him among the Protellants.
A reformed Jefuit being thought a great acquifition, he
was precipitately accepted as a pat’or at Montauban,
win re he officiated'for eight years -, but, attempting the
challity of a young lady whom he could not convert to
his purpofe, and quarrelling with the Catholic prieft
about the right of interring a dead body, he was at
length baniffied that place. The ilory of his affair with
the lady, as related by Mr Bayle, may here be given
as a fpecimen of his miniftry. Having direfted this
.damfel to the fpiritual life, which lie made to conlill in
internal recoJlefHon and mental prayer, he gave her
out a certain point of meditation ; and having Hrongly
recommended it to her to anply herfelf entirely for home
hours to fuch an important object, he went up to her
when he believed her to be at the height of her recol-
leftion, and put his hand into her breaft. She gave
him a hafty repulfe, expreffed a great deal of furprife
at the proceeding, and was even preparing to rebuke
him, when he, without being in the leaf! difconcerted,
.and with a devout air, prevented her thus : “ I fee
plainly, my child, that you are at a great diftance
from perfection ; acknowledge your weaknefs with a
humble fpirit ; alk forgivenefs of God for your having
given fo little attention to the myfteries upon which
you ought to have meditated. Had you bellowed all
neceffary attention upon thefe things, you would not
have been fenfible of what was doing about your breaft.
But you are fo much attached to fenfe, fo little con¬
centered with the Godhead, that you were not a mo¬
ment in difeovering that I had touched you. I wanted
to try whether your fervency in prayer had raifed you
above the material world, and united you with the
Sovereign Being, the living fcurce of immortality and
of a fpiritual ftate *, and I fee, to my great grief, that
you have made very fmall progrefs, and that you only
creep on the ground. May this, my child, make you
alhamed, and for the future move you to perform the
duties of mental prayer better than you have hitherto
done.” The young lady, who had as much good
fenfe as virtue, was no lefs provoked at thefe w'ords
than at the bold aftions of her ghoftly inftruflor ; and
could never afterwrards bear the name of fuch a holy
father. Labadie being driven out of Montauban, went
to feek an afylum at Orange : but not finding himfelf
3
fo fafe there as he imagined, he wkhdfew privately to Labadifts
Geneva, where he imposed on the people by his de¬
vout preaching ? >d carriage j and from thence was
invited to Middieburg, where his fpirituality made
him and his followers Se confidered as fo many faints,
diftinguilhed by the name of Labadifts. They in-
created io much, that he excited the attention of the
other churches, whole authority he difputed, till he
was formally depofed by the fynod ot Dort. Inilead
of obeying, he procured a tumultuous iupport from a
crowd of his devotees; and at length formed a little
fettlement between Utrecht and Amfterdam, where
he ererifed a printing prefs, which lent forth many of
his works. Here he was betrayed by feme deierters,
who expofed his private life, and informed the public
of his familiarities with his female difciples, under pre¬
tence of uniting them more particularly to God \ and
was finally obliged to retire to Altena in Holftein,
wffiere he died in 1674.
LABAD'STS, a feil of religionifts in the 17th
century, followers of the opinions of John Labadie, of
whom an account is given in the preceding article.
Some of their opinions were, 1. That God could, and
did deceive men. 2. That, in reading the Scriptures,
greater attention ftiould be paid to the internal infpira-
tion of the Holy Spirit than to the words of the text.
3. That baptifm ought to be deferred till mature age.
4. That the good and the wicked entered equally into
the old alliance, provided they defeended from Abra¬
ham ; but that the new admitted only fpiritual men.
5. That the obfervation of Sunday was a matter of in¬
difference. 6. That Chrift would come and reign
1000 years on earth. 7. That the eucharift was only
a commemoration of the death of Chrift ; and that,
though the fymbols were nothing in themfelves, yet
that Chrift wTas fpiritually received by thofe who par¬
took of them in a due manner. 8. That a contempla¬
tive life was a Hate of grace, and of divine union during
this life, the fummit of perfe£iion, &c. 9. That the
man whofe heart uTas perfe&ly content and calm, half
enjoys God, has familiar entertainments with him, and
fees all things in him. 10. That this ftate was to be
come at by an entire felf-abnegation, by the mortifica¬
tion of the fenfes and their obje&s, and by the exercift;
of mental prayer.
LAB ARUM, the banner or ftandard borne before
the Roman emperors in the wars. The labarum con-
fifted of a long lance, with a ftaff a-top, crofting it at
right angles ; from which hung a rich ftreamer, of a
purple colour, adorned with precious ftones. Till the
time of Conftantine it had an eagle painted on it $ but
that emperor, in lieu thereof, added a crofs with a ci¬
pher expreffing the name of Jcfas.
This ftandard the Romans took from the Germans,
Dacae, Sarmatae, Pannonians, &.c. whom they had
overcome. The name labarum was not known beh re
the time of Conftantine ; but the ftandard itfelf, in ihe
form we -have deferibed it, abating the fymbols of
Chriftianity, was ufed by all the preceding emrerors.
Some derive the w-ord from labor, as if this hnift ed
their labours •, feme from “ reverence, p:e'y j’*
others from XctpSUnn, “ to take and others from
“ fpoils.”
LAB AT, John Baptist, a celebrated traveller, of
the order of St Dominic, was born at Paris, taught
philoiophy
LAB [ 487 ] LAB
Labdaaum PHilofophy at Nancy, and in 1693 went to America
in quality of a miflionary. At his return to France
Laboratory.jn he was fent to the chapter of his order at
^ Bologna to give an account of his miffion, and ftaid
fevtral years in Italy. He died at Paris in 1738.
His principal works are, I. A new voyage to the
American i(lands, 6 vols 1 2mo. 2. Travels in Spain
and Italy, 8 vols 12tno. 3. A new account of the
weftern parts of Africa, 5 vols i2mo.; Father Labat
was not in Africa, and therefore was not a witnefs of
what he relates in that work. He alfo publilhed the
Chevalier dcs Marchais's voyage to (Tuinea, in 4 vols
12mo.; and sin hijlorical account of the wefern parts
of Ethiopia, tranflated from the Italian of Father Ca-
vazzi, 5 vols 1 2mo.
LABDANUM, or Ladanom, a refmous juice
which exudes from a tree of the ciftus kind. See Che¬
mistry and Materia Medica Index.
LABDASSEBA, a tribe of favage Arabs inhabit¬
ing the defart of Sahara in Africa. They are confider-
ed as the mod powerful of all thofe tribes except the
Ouadelims, and very much referable them in every
particular. See Sahara and Ouadelims.
LABEL, a long, thin, brafs rule, with a fmall fight
at one end, and a centre hole at the other j commonly
ufed with a tangent line on the edge of a circumferen¬
tor, to take altitudes, &c.
Label, in Law, is a narrow' (lip of paper, or parch¬
ment, affixed to a deed or writing, in order to hold the
appending feal.—Any paper annexed by wray of addi¬
tion or explication, to any will or tefiament, is alfo
called a label or codicil.
Label, in Heraldry, a fillet ufually placed in the
middle along the chief of the coat, without touching
its extremities. Its breadth ought to be a ninth part of
the chief. It is adorned with pendants $ and when
there are above three of thefe, the number mud be fpe-
cified in blazoning.
It is ufed on the arms of elded fons while the fa¬
ther is alive, to didinguiffi them from the younger;
and is edeemed the moil honourable of all differences.
See Heraldry.
LABIAL LETTERS, thofe pronounced chiefly by
means of the lips.
LABIATE!) flowers, monopetalous floivers, con¬
fiding of a narrow' tube with a wide mouth, divided in¬
to two or more fegments. See Botany.
LABIAU, a fmall town of Ducal Pruffia, in a
circle of the (ame name, feated at the mouth of the
river Deime, with a flrong cadle, two fides of which
are furrounded with water, and the other defended by
a wall and ditch. E. Long. 19. 56. N Lat. 55. 17.
LABORATORY,, or Elaboratory, the chemids
workhoufe, or the place where furnaces are built, vef-
fels kept, and operations are performed. In general
the term laboratory is applied to any place where phy-
fical experiments in pharmacy, cnemiilry, pyrotechny,
&c. are performed.
As laboratories mud be of very different kinds, ac¬
cording to the nature of the operations to be performed
in them, it is impoflible that any directions can be gi¬
ven which will anfwer for every one. Where the pur-
pofes are merely experimental, a (ingle turnace or two
of the portable kind will be fufficient. It is fcarcely
needful to add, that (helves are necefiary for holding
veffels with the produCls of the different operations :
and that it is abfolutely neceffary to avoid confufion
and diforder, as by thefe means the produCIs of the
operations might be lod or midaken for one another.
Mortars, filters, levigating dones, &c. mud alfo be
procured : but from a knowledge of the methods of
performing the different chemical operations will eafily
be derived the knowledge of a proper place to perform
them in; for which fee Chemistry, Metallurgy,
and Furnace.
Morveau has contrived a portable laboratory with
which many chemical experiments may be conveniently
performed. The following is a defcription of it.
Fig 1. reprefents the whole apparatus ready mounted
for didillation, with the tube of fafety and a pneumatic
receiver. A is the body or refervoir of Argand’s lamp,
with its (hade and glafs chimney. The lamp may be
raifed or lowered at pleafure by means of the thumb
fcrew B, and the wick rifes and falls by the motion of
the fmall toothed wheel placed over the wade cup. This
condrudion is mod convenient, becaufe it affords the
facility of altering the pofition of the flame with regard
to the veffels, which remain fixed ; and the troublefome
management of bended wires above the flame for the
fupport of the veffels is avoided, at the fame time that
the flame itfelf can be brought nearer to the matter on
which it is intended to ad. D, a fupport confiding of
a round flem of brafs, formed of two pieces which fcrew
together at about two-thirds of its height. Upon this
the circular ring E, the arm F, and the nut G Aide,
and are fixable each by its refpedive thumb-fcrew. The
arm alfo carries a moveable piece H, which ferves to
fufpend the veffels in a convenient fituation, or to fe-
cure their pofition. The whole fupport is attached to
the fquare iron dem of the lamp by a piece of hard
wood I, which may be fixed at any required fituation
by its fcrew. K reprefents a dand for the receivers.
Its moveable tablet L is fixed at any required elevation
by the wooden fcrew M. The piece which forms the
foot of this dand is fixed on the board N; but its rela¬
tive pofition with regard to the lamp may be changed
by Hiding the foot of the latter between the pieces OO.
P, another (land for the pneumatic trough. It is raifed
or lowered, and fixed to its place, by a drong wooden
fcrewr £). R is a tube of fafety, or reverfed fyphon,
which ferves, in a great meafure, to prevent the bad
effefts of having the veffels either perfedlly clofed, or
perfectly open. Suppofe the upper bell-lhaped veffel to
be nearly of the fame magnitude as the bulb at the
lower end of the tube, and that a quantity of water, or
other fuitable fluid, fomewhat lefs than the contents of
that veffel, be poured into the apparatus : In this fitua¬
tion, if the eladicity of the contents of the veiTels be
lefs than that of the external air, the fluid will defcend
in the bulb, and atmcfpheric air will follow and pafs
through the fluid into the veffels : but, on the contra¬
ry, if the elafticity of the contents be greater, the fluid
will be either fuffained in the tube, or driven into the
bell-fha ed veffel ; and if the force be drong enough,
the gafeous matter will pafs through the fluid, and in
part efcape.
Fsg. 2. Shews the lamp furnace difpofed to produce
the ialine fufion ; the chimney of glafs ihortend the
fupport D turned down • the caplule of platina or diver
S placed on the ting very near the flame.
Laboratory,
Plate
CCLXXXI&
LAB [ 483 ] LAB
Laboratory Fig. 3. The fame part of the apparatus, in which, attempted to go over it; though it is manifeft that, Labyrinth..
it inftead of the capfule, a very thin and fmall crucible of without a guide, they would be in danger of Idling
Labyrinth. pjat;na t ;s fubftituted, and refts upon a triangle of iron their way.
” v wire placed on the ring. It was this danger, no doubt, which introduced a
Fig. 4. Exhibits the plan of fig. 3. new term into the Greek language. _ The word laby-
Laboratory, in military affair's, fignifies that place nnth, taken in the literal fenfe, lignifies a circumicri-
where all forts of fire-works are prepared, both for ac- bed (pace, interfefted by a number of paffages, fome of
tual fervice and for experiments, viz. quick matches, which crofs each other in every direftion like thofe in
fuzes, port-fires, grape (hot, cafe (hot, carcaffes, hand- quarries and mines, and others make larger or fmaller
grenades, cartridges, Ihells filled, and fuzes fixed, wads, circuits round the place from which they depart like
&c. &c. the fpiral lines we fee on certain Ihells. In the figura-
LABOUR, in general, denotes a clofe application live fenfe, it was applied to obfcure and captious quef-
to work or bufinefs.—Among feamen a Ihip is faid to tions, to indirect and ambiguous anfwers, and to thofe
labour when (he rolls and tumbles very much, either a- difcuflions which, after long digreffions, bring us back
hull, under fail, or at anchor—It is alfo fpoken of a to the point from which we fet out. #
woman in travail or childbirth ; fee Midwifery. The Cretan labyrinth is the moft famed in hiftory
LABOURER, generally fignifies one that does th<j or fable ; having been rendered particularly remarkable
moft flavifh and lefs artful part of a laborious work, as by the ftory of the Minotaur, and of Thefeus who found
that of hufbandry, mafonry, &c. _ his way through all its windings by means of Ariadne’s
LABOUREUR, John le, almoner to the king ®f clue. On Plate CCLXXXIX. is exhibited afuppofed
France, and prior of Juvigne, was born at Montmo- plan of it, copied after a draught given by Meurfius *,* //< Cret.
rency near Paris in 1623. At the age of 18, he di- taken from an ancient ftone—But what was the real"*-^
ftinguilhed himfelf by publilhing “ A colleftion of the nature of this labyrinth, merits a more particular in- p*
monuments of illuftrious perfons buried in the church quiry.
of the Celeftines at Paris, with their elogies, genealo- Diodorus Siculus relates as a conjedure, and Pliny
gies, arms, and mottos,” 410. He afterwards pub- as a certain fa6I, that Daedalus conftru&ed this laby-
lifhed an excellent edition of The Memoirs of Michael rinth on the model of that of Egypt, though on a lefs
de Caftelneau, with feveral other genealogical hiftories; fcale. Ihey add, that it was formed by the command
and died in *675—He had a brother, Louis le Labou- of Minos, who kept the Minotaur ftmt up in if, and
reur, bailiff of Montmorency, author of feveral pieces that in their time it no longer exifted, having been ei-
of poetry ; and an uncle, Dome Claude le Laboureur, ther deftroyed by time, or purpofely demoliftied. D10-
provoft of the abbey of LTfle Barbe, of which abbey dorus Siculus and Pliny, therefore, confidered this la-
he wrote a hiftory, and publiftied notes and correftions byrinth as a large edifice ; while other writers repre-
upon the breviary of Lyons, with fome other things. fent it fimply as a cavern hollowed in the rock, and
LABRADOR, the fame with New Britain, or full of winding paffages. The two former authors, and
the country round Hudson's Bay. See thefe articles. the writers laft mentioned, have tranfmitted to us two
L A BR ADORE stone, a Ipecies of mineral which different traditions; it remains for us to choofe that
exhibits a great variety of colours. See MINERALOGY which is moft probable.
Index. tlie labyrinth of Crete had been conftru&ed by
LABRUM, in antiquity, a great tub which flood at Daedalus under Minos, whence is it that w'e find no
the entrance of the temples, containing water for the mention of it, neither in Homer, who more than once
priefts to wafh themfelves in previous to their facri- fpeaks of that prince and of Crete; nor in Herodotus,
fices. It was alfo the name of a bathing tub ufed in who defcribes that of Egypt, after having iaid that
the baths of the ancients. the monuments of the Egyptians are much fupenor to
LABRUS, a genus of fifties belonging to the order thofe of the Greeks ; nor in the more ancient geogra-
of thoracici. See ICHTHYOLOGY Index. phers ; nor in any of the writers of the ages when
LABURNUM. See Cytisus, Rotany Index. Greece flourifhed ?
LABYRINTH, among the ancients, was a large This work was attributed to Diedalus, whofe name
intricate edifice cut out into various aifles and meanders is alone fufficient to difcredit a tradition. In fa61, his
running into each other, fo as to render it difficult to name, like that of Hercules, had become the refource
get out of it. ignorance, whenever it turned its eyes on the early
There is mention made of feveral of thofe edifices ages. All great labours, all works which required more
among the ancients ; but the moft celebrated are the ftrength and ingenuity, were attributed to Hercules ;
Egyptian and the Cretan labyrinths. and all thofe which had a relation to the arts, and re-
That of Egypt, according to Pliny, was the oldeft quired a certain degree of intelligence in the execution,
of all the known labyrinths, and was fubfifting in his were afcribed to Daedalus.
time after having flood 3600 years. He fays it was The. opinion of Diodorm and Phny luppofes, that
built by King Petefucus, or Tithoes ; but Herodotus in their time no traces or the labyrinth exifted in
makes it the work of feveral kings : it flood on the Crete, and that even the date of its deftrucrion had
banks of the lake Moeris, and confifted of 12 large been forgotten. Yet it is faid to have been vilited by
contiguous palaces, containing 3000 chambers, 1500 the difciples of Apollonius of Fyana, who was cotem-
of which were under ground.—Strabo, Diodorus Sicu- porary with thofe two authors. 1 he Cretans., there-
lus, Pliny, and Mela, fpeak of this monument with the fore, then believed that they poffeffed the labyrinth. ^
fame admiration as Herodotus : but not one of them “ I would requeft the reader (continues the abbe^^naci)arm
tells us that it was conftrudted to bewilder thofe who Barthelemi *, from whom thefe oblervations are e^~r,s Vl,
j traded)
LAC [ 489
Labyrinth, traced) to attend to the following paffage in Strabo.
, Lf!C' A1 NaP'::Iia’ near t^e ancient Argos, (fays that judi-
^ cious writer), are ftill to be feen vaft caverns, in which
are conftrutfed labyrinths that are believed to be the
verb of the Cyclops : the meaning of which is, that
the labours of men had opened in the rock paffages
which .croifed and returned upon themfelves, as is done
in quarries. Such, if I am not miftaken, is the idea
we ought to form of the labyrinth of Crete.
. “ Were there feveral labyrinths in that ifland ? An¬
cient authors fpeak only of one, which the greater part
plcice at Cnoflus j and iome, though the number is but
Imall, at Gortyna.
Belon and 1 ournefort have given us the deferip-
tion of a cavern fituated at the foot of Mount Ida, on
the fouth fide of the mountain, at a fmall diflance
fiom Gortyna. This was only a quarry according to
the former, and the ancient labyrinth according to
the latter 5 vvhofe opinion I have followed, and abridg¬
ed his account. ’Ihofe who have added critical notes
to his work, befides this labyrinth, admit a fecond at
Cnofius, and adduce as the principal fupport of this
opinion the coins of that city, which reprefent the
plan of it, according as the artifts conceived it. For
on fome of tnefe it appears of a Iquare form, on
others lound : on fome it is only fketched out ; on
others it has, in the middle of it, the head of the
Minotaur. In the Memoirs of the Academy of Belles
Lettres, I have given an engraving of one which ap-
ptars to me to be of about the 15th century before
Chnft, and on which we fee on one fide the figure of
the Minotaur, and on the other a rude plan of the
labyrinth. It is therefore certain, that at that time
the Cnoffians believed they were in poffeffion of that
celebrated cavern ; and it alfo appears that the Gor-
tymans did not pretend to contelf their claim, fince
they have never given the figure of it on their money.
The place where I fuppofe the labyrinth of Crete
.0 have been fituated, according to Tournefort, is but
one league difiant from Gortyna ; and, according to
otrabo, it w’as diflant from Gnoflus fix or (even leagues.
All we can conclude from this is, that the territory of
the latter city extended to very near the former.
What w7as the ufe of the caverns to which the
jiame of labyrinth was given ? I imagine that they
were firit excavated in part by nature; that in fome
places Hones were extraded from them for building
cities 5 and that, in more ancient times, they ferved
tor a habitation or afylum to the inhabitants of a dif-
tnd expofed to frequent incurfions. In the journey
of Anacharfis through Phocis, I have fpoken of two
great caverns of Parnaflus, in which the neighbouring
people took refuge ; in the one at the time of the de¬
luge ol Deucalion, and in the other at the invafion of
Xerxes. I here add, that, according to Diodorus Si¬
culus, the molt ancient Cretans dwelt in the caves of
Mount Ida. The people when inquiries were made
the fpot, faid that their labyrinth was originally
on.y a pfifon. It may have been put to this ufe j but
it is diificult to believe that, to prevent the efcape of
a few unhappy wretches, fuch immenfe labours would
have been undertaken.”
Labyrinth of the Ear. See Anatomy.
LAC, milk. See Milk, Chemistry Index.
Vol. XI. Part II.
] LAC
Lac, Ghm. See Lacca.
LA CCA, Lac, or Gum Lac, is a fubflance, of
which a fpecies of infeds form cells upon trees, like
honeycombs. This is the coccus lacca, Lin. See En¬
tomology Index. In thefe cells remain fome of the
dead in feds, which give a red colour to the whole fub-
ftance of the lac. That called Jlich lac is the w'ax ad¬
hering to fome of the fmall branches of the tree, and
which is unprepared. This lac, when feparated from
the adhering Hicks, and grofsly powdered, and deprived
of its colour by digeflion with menflruums, for the fake
of the dyes and other purpofes, is called feed lac ; when
the flick lac is freed from impurities by melting it over
a gentle fire, and formed into cakes, it is called lumu
lac ; and, laflly, that called fhell lac is the cells lique¬
fied, flrained, and formed into thin tranlparent lamina.
See Dyeing Index.
d he following are fome of the purpofes to which this
fubflance is applied.
1 • For fealing wax. Take a flick, and heat one
end of it upon a charcoal fire ; put upon it a few leaves
of the fhell lac foftened above the fire ; keep alternately
heating and adding more fhell lac until you have got a
mais of three or four pounds of liquefied fhell lac upon
tne end of your flick (in which manner lump lac is
ouned from feed lac). Knead this upon a wetted
board with three ounces of levigated cinnabar , form
it into cylindrical pieces j and to give them a polifh,
rub them while hot with a cotton cloth.
2. Yox japanning. Take a lump of fhell lac, pre¬
pared in the manner of fealing wax, with whatever co¬
lour you pleafe, fix it upon the end of a flick, heat
the polifhed wood over a charcoal fire, and rub it over
whh the half melted lac, and polifh by rubbing it even
with a piece of folded plantain leaf held in the hand ^
heating the lacquer and adding more lac as occafion re¬
quires. Their figures are formed by lac, charged with
various colours in the fame manner.
3. For varnifh. In ornamenting their images and
religious houfes, &c. they make ufe of very thin beat
lead, which they cover with various varnifhes, made
of lac charged with colours. The preparation of them
is kept a fecret. The leaf of lead is laid upon a fmooth
iron heated by fire below while they fpread the varnifh
upon it.
4. Vor grindjiones. Take of river fand three parts
of feed lac wafhed one part : mix them over the fire
m a pot, and form the mafs into the fliape of a grind-
flone, having a fquare hole in the centre, fix it on an
axis with liquefied lac, heat the ftone moderately, and
by turning the axis it may eafily be formed into an
exatt orbicular fliape. . Polifhing grindflones are made
only of fuch land as will pafs eafily through fine muf¬
fin, in the proportion of two parts fand to one of lac.
This fand is found at Ragimaul. It is compofed of
fmail angular cryffalline particles tinged red with iron*
two parts to one of black magnetic fand. The Hone-
cutters, inftead of fand, ufe the powder of a very hard
ca^ec* corune- Thefe grindflones cut very faft.
When they want to increafe their power, they throw
land upon them, or let them occafionally touch the
edge of a vitrified brick. The fame comoofition is
formed upon flicks, for cutting Hones, fhells, &c by
the hand. J
3 0. For
I
LAC [ 49° 1
L.icca. For painting. Take one gallon of tlie red li- cuttie
 v ' quid from the firft walking for fhell lac, ftrain it through
a cloth, and let it boil for a (hort time, then add half
an ounce of foap earth (folTil alkali) *, boil an hour
more, and add three ounces of powdered load (bark of
a tree) ; boil a fhort time, let it hand all night, and
ftrain next day. Evaporate three quarts of milk with¬
out cream to two quarts upon a flow fire, curdle it
with four milk, and let it ftand for a day or two $ then
mix it with the red liquid above mentioned ; ilrain
them through a cloth, add to the mixture one ounce
and a half of alum, and the juice of eight or ten le¬
mons : mix the whole, and throw it into a cloth bag
flrainer. The blood of the infeft forms a coagulum
with the cafeous part of the milk, and remains in the
bag, while a limpid acid water drains from it. I he
coagulum is dried in a (hade, and is ufed as a red
colour in painting and colouring.
The method of obtaining the fine red lac ufed by
painters from this fubftance, is by the following fimple
procefs : Boil the flick lac in water, filter the decoftion,
and evaporate the clear liquor to drynefs over a gentle
fire. The occafion of this eafy feparation is, that the beau¬
tiful red colour here feparated, adheres only ilightly to
the outfides of the flicks broke off the trees along with
the gum lac, and readily communicates itfelf to boiling
water. Some of the flicking matter alfo adhering to
the gum itfelf, it is proper to boil the w’hole together \
for the gum does not at all prejudice tne colour, nor
diffolve in boiling water : fo that after this operation
the gum is as fit for making fealing wax as before, and
for all other ufes which do not require its colour.
6. For dyeing. See Dyeing Index.
Lac is likewife employed for medicinal purpofes.—
The flick lac is the fort ufed. It is of great efleem
in Germany, and other countries, for laxity and fpon-
ginefs of the gums proceeding from cold or a fcor-
butic habit : for this ufe the lac is boiled in water,
with the addition of a little alum, which promotes its
folution *, or a timflure is made from it with redlified
fpirit. This tintlure is recommended alfo internally
in the fluor albus, and in rheumatic and fcorbutic dif-
orders : it has a grateful fmell, and not unpleafant,
bitterifh, aflringent tafle.
The gum-lac has been ufed as an ele£lric, inflead of
glafs, for eleftrical machines. See Lacquer, Lake,
and Varnish.
Artificial Lacc4, or Lacque, is alfo a name given to
a coloured fubftance drawn from feveral flowers *, as
the yellow from the flower of the juniper, the red from
the poppy, and the blue from the iris or violet. The
tinctures of thefe flowers are extracted by digefling
them feveral times in aqua vitae, or by boiling them
over a flove fire in a lixivium of pot afhes and alum.
An artificial lacca is alfo made of Brafil wrood, boil¬
ed in a lixivium of the branches of the vine, adding a
little cochineal, turmeric, calcined alum, and arfenic,
incorporated with the bones of the cuttle fifh pulve¬
rized and made up into little cakes and dried. If it
be to be very red, they add the juice of lemon to it j
to make it brown, they add oil of tartar. Dove-co¬
loured or columbine lacca is made with Brafil of
Fernambuc, fteeped in diftilled vinegar for the fpace
of a month, and milted with alum incorporated in
LAC.
For other proceffes, fee Colour-
fifh bone
Making.
LACE, in Commerce, a work cornpofed of many
threads of gold, filver, or filk, interwoven the one with
the other, and worked upon a pillow with fpindles ac¬
cording to the pattern defigned. The open work is
formed with pins, which are placed and difplaced as the
fpindles are moved. The importation of gold and filver
lace is prohibited.
Method of Cleaning Gold-Lace and Embroidery when
tarnijbed.—For this purpofe alkaline liquors are by no
means to be ufed ; for while they clean the gold, they
corrode the filk, and change or dilcharge its colour.
Soap alfo alters the ihade, and even the fpecies, of cer¬
tain colours. But fpirit of wine may be ufed without
any danger of its injuring either the colour or quality
of the fubjefl •, and in many cafes proves as efteciual,
for refloring the luftre of the gold, as the corrofive de¬
tergents. A rich brocade, flowered with a variety of
colours, after being difagreeably tarnifhed, had the
luftre of the gold perfectly reftored by walking it with
a foft brufh dipt in warm fpirit of wine *, and fome
of the colours of the filk, which were likevvife foiled,
became at the fame time remarkably bright and lively.
Spirit of wine feems to be the only material adapted
to this intention, and probably the boafted fecret of
certain artifts is no other than this fpirit difguifed. A-
mong liquids, Dr Lewis fays, he does not know of any
other that is of fufficient aftivity to difeharge the foul
matter, without being hurtful to the filk : as to pow¬
ders, however fine, and how?ever cautioufly ufed, they
fcratch and wear the gold, which here is only fuperfi-
cial and of extreme tenuity.
But though fpirit of wine is the moft innocent material
that can be employed for this purpofe, it is not in all
cafes proper. The golden covering may be in fome parts
worn off; or the bafe metal, with which it had been
iniquitoufly alloyed, may be corroded by the air, fo
as to leave the particles of the gold difunited } while
the filver underneath, tarnifhed to a yellow’ hue, may
continue a tolerable colour to the whole ', in which
cafes it is apparent, that the removal of the tarniflr
would be prejudicial to the colour, and make the lace
or embroidery lefs like gold than it wTas before. A
piece of old tarniftied gold lace, cleaned by the fpirit
of wane, wras deprived, with its tarnifh, oi the greateft
part of its golden hue, and looked now7 almoft like fil¬
ver lace.
Method of feparating the Gold and Silver from Lace
without hurtling it. Cut the lace in pieces, and (hav¬
ing feparated the thread from it by which it w7as few-
ed to the garment) tie it up in a linen cloth, and boil
it in foap ley, diluted with water, till you perceive it
is diminifhed in bulk j which will take up but a little
time, unlefs the quantity of lace be very confiderable.
Then take out the cloth, and wafh it feveral times in
cold water 5 fqueezing it pretty hard with your foot,
or beating it with a mallet, to clear it of tne foap ley j
then untie the cloth, and you will have the metallic
part of the lace pure, and nowhere altered in colour or
diminifhed in weight.
This method is abundantly mere convenient ^ and
lefs troublefome than the common way of burning j
and as a fmall quantity of the ley will be fufficient, the
expence
Lace.
—-v—
LAC [ 491 ] LAC
Lace, ex pence will be trifling, efpecially as the fame ley may
L«ofdae- be ufed feveral times, if clea'ed of the filky calcination,
mon. jt may be done in either an iron or copper vefTeh
“•^v 1 * 'j'be ley may be had at the foap boilers, or it may
be made of pearl ath and quicklime boiled together
in a fufficient quantity of water.
The reafon of this fudden change in the lace will be
evident to thofe who are acquainted with chemiftry :
for filk, on which all our laces are wove, is an animal
fufcftance, and all animal fubftances are foluble in al¬
kalies, efpecially when rendered more cauftic by the
addition of quicklime j but the linen you tie it in, be¬
ing a vegetable, will remain unaltered.
Blond-L,ACE, a lace made of fine linen thread or filk,
much in the fame manner as that ©f gold and filver.
The pattern of the lace is fixed upon a large round.pil¬
low, and pins being ftuck into the holes or openings
in the patterns, the threads are interwoven by means
of a number of bobbins made of bone or ivory, each
of which contains a fmall quantity of fine thread, in
fuch a manner as to make the lace exactly refemble
the pattern. There are feveral towns in England., and
particularly in Buckmghamfhire, that carry on this ma-
nufafture ; but vaft quantities of the fineft lace have
been imported from Flanders,
LACEDAEMON, in fabulous-hiftory, a fon of Ju¬
piter and Tayget the daughter of Atlas, who married
Sparta the daughter of Europa, by whom he had Amy-
clas and Eurydice the wife of Acrifius. He was the
fir ft who introduced the worlhip of the Graces in La¬
conia, and who firft built them a temple. From Lace-
dcemon and his wife, the capital of Laconia was called
Lacedccmon and Sparta.
Lacld^mon, a noble city of Peloponnefus, call-
led alio Sparta; thefe names differing in this, that
the latter is the proper and ancient name of the
city, the former of the country, wdiich afterwards
came to be applied to the city (Strabo, Stephanus.)
Homer alfo makes this diftinftion *, who calls the coun¬
try hohj, becaufe encompaffed with mountains. It has
alfo been leverally known by the name of Le/cgia^
from the Leleges the firft inhabitants of the country, or
from Lelex one of their kings ; and Oebalm, from
Oebalas the fixth king from Eurotas. It w’as alfo call¬
ed Hecatompolis, from 100 cities which the whole pro¬
vince once contained. I his city was the capital of La¬
conia, fituated on the right or weft fide of the Euro¬
tas : it was lefs in compafs than, however equal, or even
fuperior to, Athens in pow'er. Polybius makes it 48
ftadia, a circuit much inferior to that of Athens. Le¬
lex is fuppofed to have been the firft king of Lace-
dmmon. His defendants, 13 in number, reigned fuc-
ceflively after him, till the reign of the fons of Oreft-
es, when the Heraclidae recovered the Peloponnefus
about 80 years after the Trojan w7ar. Procles and Eu-
ryfthenes, the defendants of the Heraclidae, ufurped
the crown together •, and after them it was decreed
that the two families (liould always fit on the throne
together. The monarchical power was aboliftied, and
the race of the Heraclidae extinguifhed at Sparta about
219 years before Chrift. Lacedaemon in its flourifti-
ing ftate remained without walls, the bravery of its ci¬
tizens being inftead of them (Nepos). At length in
Caffander’s time, or after, when the city was in the
hands of tyrants, diftrufting the defence by arms and
bravery, a wbII was built round it, at firft flight, and Lacerna
in a tumultuary or haity manner ; which the tyrant Laciv"..,Tia.
Nabis made very ftrong (Livy, Juftin). Paufanias t01-y.
af ribes the firft walls to the times of Demetrius and -—v——
Pyrrhus, under Nabis. The walls of the city were
pulled down 188 years before Chrift by Philopoemen,
who was then at the head of the Achaean league, and
Laconia fome time after became a Roman province
w’hen reduced by Mummius. See Sparta.—The pre-
ftnt city is called Mijitra, fituated in E. Long. 23. o.
N. Lat. 36. 55. .
LACERNA, a coarfe thick garment worn by the
Romans over their gowns, like a cloak, to keep off the
rain and cold. It was firft ufed in the camp, but after¬
wards admitted into the city. The emperors wore the
lacerna of a purple dye. The lacerna was at firft very
ftiort, but was lengthened after it became falhionable,
which wras not till the civil wars and the triumvirate v
before this time it wTas confined to the foldiers. Sena¬
tors were forbidden wearing it in the city by Valen-
tinian and Theodofius. Martial makes mention of la¬
cerate worth 10,000 fefterces. Some confound this
garment with the penula *, but it feems rather to have
refembled the chlamys and birrus.
LACERTA, including the LIZARD, CROCODILE,
&c. a genus of amphibious animals, belonging to the
order of reptilia. See Erpetology Index.
LACHES, (from the French lafeher, i. e. /axare,
or /afehe, ignavus), in the Englifh law fignifies flack-
nefs or negligence, as it appears in Littleton, where
laches of entry is a negleft of the heir to enter. And
probably it may be an old Englifh word : for where
we fay there is laches of entry, it is all one as if it
■were laid there is a Inch of entry : and in this lignifi-
cation it is ufed. No laches (hall be adjudged in the
heir within age •, and regularly, laches ftiall not bar in¬
fants or femme coverts for not entry or claim, to avoid
defeents 5 but laches (hall be accounted in them for
non-performance of a condition annexed to the ftate
of the land.
LACHESIS, in Mythologyy one of the Parcoe.
Her name is derived from Xafttu, to meafure out by lot.
She prefided over futurity, and was reprefented as
fpinning the thread of life, or, according to others,
holding the fpindle. She generally appeared covered
with a garment variegated with ftars, and holding
fpindles in her hand.
LACHISH, in ylncient Geographyy a city fouth-
ward of the tribe of Judah. Eufebius and St Jerome
tell us, that in their time there was a village called
Lachijloy feven miles from Eleutheropolis, fouthward.
Sennacherib befieged Lachifh, but did not take it.
From thence it was that he fent Rabfhakeh againrt Je-
rufalem. Here King Amaziah was llain by his rebel
fubjedls.
LACHNEA, a genus of plants belonging to the
otftandria clafs, and in the natural method ranking un¬
der the 31ft order, Vepreculce. See Botany Index.
LACHRYMAL, in Anatomyy an appellation given
to feveral parts of the eye. See Anatomy.
LACHRYMATORY, in antiquity, a veffel where¬
in were colle<fted the tears of a deceafed perfon’s
friends, and preferved along with the alhes and urn.
They were fmall glafs or earthen bottles, chiefly in the
form of phials. At the Roman funerals, the friends
3 Q. 2
LAC [ _
lacimum tne deceafed, or the prceficce, women hired for that
Lacquers. PurP°^e’ uled to thera with their tears, and depofite
them very carefully with the allies, in teftimony of their
forrow, imagining the manes of the deceafed were there-
by gr atly comforted. Many fpecimens of them are
preferved in the cabinets of the curious, particularly in
the Britilh Mufeum. ]
LACINILTM, in Ancient Geographyy a noble pro¬
montory of the Bruttii, in Italy, the fouth boundary of
tiie Sinus farentinus and the Adriatic ; all to the fouth
of it being deemed the Ionian fea : it was famous for a
nca temple of Juno, furnamed Lacinw, with a pillar of
fobd goxd ^landing in it ; which Hannibal intending
to carry off, was, according to Cicero, diffuaded by a
dream. Now Capo delle Colonne, from the columns of
Juno’s temple ftill Handing on the north-eaft coalf of
Calabria Ultra.
LACK OF RUPEES, is 100,000 rupees j which fup-
pofing them ffandard, or ficcas, at 2 s. 6d. amounts to
12, ?ool. fterling.
L ACM US, a dye fluff prepared by the Dutch from
the Lichen roccella. See Dyeing Index.
LACONIA, or Laconica, a country in the
fouthern parts of Peloponnefus, having Argos and
Arcadia on the north, Meffenia on the weft, the Me¬
diterranean on the louth, and the bay of Argos on the
eafl:. Its extent from north to fouth was about 50
miles. It was watered by the river Eurotas. The ca¬
pital was called Sparta, or Lacedasmon : (See Lace-
DAImon and Sparta.) The brevity with which the
Laconians always expreffed themfelves is now become
proverbial j and by the epithet of Laconic we under-
fland whatever is concife, and is not loaded with un-
neceffary words.
LACONIUM, (whence our term laconic), a fliort
pithy fententious fpeech, fuch as the Lacedemonians
were remarkable for : Their way of delivering thera-
felves was very concife, and much to the purpofe. See
the preceding article.
LACQUERS, are varniflies applied upon tin, brafs,
and other metals, to preferve them from tarnilhing,
and to improve their colour. The bafis of lacquers is’
a folution of the refinous fubftance called feed lac, in
ipirit of wine. The fpirit ought to be very ftrong’ in
order to diffolve much of the lac. For this purpofe,
iome authors direft dry potafti to be thrown into the fpi¬
rit. This alkali attra&s the water, with which it forms
a liquid that fubfides diftin&ly from the fpirit at the bot¬
tom of the veffel. From ting liquid the fpirit may be
Separated by decantation : but by this procels the fpirit is
impregnated with part of the alkali, which depraves its
colour, and communicates a property to the lacquer
of imbibing moifture from the air. Thefe inconve¬
niences may be prevented by diftilling the fpirit; or,
if the artiil has not an opportunity of performing that
procefs, he may cleanfe the fpirit in a great meafure
from the alkali, by adding to it fome calcined alum ; the
acid of which uniting with the alkali remaining in the
fpirit, forms with^ it a vitriolated tartar, which, not be¬
ing foluble in fpirit of wine, falls to the bottom toge¬
ther w:th the earth of the decompofed alum. To a pint
of the purified fpirit, about three ounces of powdered
ftiell lac are to be added j and the mixture t® be di-
gefted during fame day with a moderate heat. The li-
492 1 L A C
quor ought then to be poured off, ftrained, and cleared Lacfna,
by fettling. This clear liquor is now fit to receive the Ladatio.
icquired colour from certain reiinous colouring fubftan- v
ces, the principal of which are gamboge and anotto j
the former of which gives a yellow, and the latter an
orange colour. In order to give a golden colour, two
parts of gamboge arfc added to one of anotto ; but thefe
colouring fubftances may be ieparately diffolved in the
tinflure of lac, and the colour required may be adjuft-
ed by mixing the two folutions in different propor¬
tions. When filver leaf or tin are to be lacquered,
a larger quantity of the colouring materials is requi-
llte than when the lacquer is intended to be laid on
brafs.
LACSHA, the Indian name of the lac infedt. See
Lac, Chemistry and Dyeing Index.
LAC1AI10, Lactation, among medical writ- Mctherh'.
ers denotes x\\z giving fuch. The mother’s b eaft, \lMeZl
pofiible, (hould be allowed the child, at leaft during Diahnar*.
the firit month ; for thus the child is more peculiar!?
benefited by what it lucks, and the mother is preferved
from more real inconveniences than the falfely delicate
imagine they would fuffer by compliance herewith : but
if by reafon of an infirm conftifution, or other caufes
the mother cannot fuckle her child, let drv nurfinr’
under the mother’s eye be purfued.
When women lofe their appetite by giving fuck,
both the children and themfelves are thereby injured •
wet nurfes are to be preferred, who, during the time
they give the breaft, have rather an increafed appetite,
and digeft more quickly 5 the former are apt to wafte
away, and fometimes die confumptive. In fhort, thofe
nurfes with whom la&ation may for a while’agree
fliould wean the child as foon as their appetite leffens’
their ftrength feems to fail, or a tendency to hyfteric
fymptoms is manifeft.
When the new born child is to be brought up by
the mother’s breaff, apply it thereto in ten or twelve
hours after delivery : thus the milk is fooner and more
eafily fupplied, and there is lefs hazard of a fever than
when the child is not put to it before the milk be-nns
to flow of itfclf. ^
If the mother does not fuckle her child, her breafts
fliould be kept fo warm with flannels, or with a hare
fldn, that a conftant perfpiration may be fupported j
thus there rarely will arife much inconvenience from
the milk.
The child, notwithflanding all our care in dry nur-
fmg, fometimes pines if a breaft is not allowed. In this,
cafe a wet nurfe Ihould be provided, if poflible one that
hath not been long delivered of a child. She ftiould be
young, of a healthy habit, and an adive difpofition, a
mild temper, and whofe breafts are well filled with milk.
If the milk is good, it is fweetilh to the tafte, and to¬
tally free from faltnefs; to the eye it appears thin, and
of a bluifti caft. That the woman hath her menfes if
in other refpeds objedions be not made, need not’be
any; and as to the cuftom with many, of abftaining
from venery while they continue to fuckle a child, it is
fo far without reafon to fupport it, that the truth is, a ri¬
gorous chaftity is as hurtful, and often more pernicious
than an immoderate ufe of venery. Amongft the vul¬
gar errors, is that of red-haired women being improper
for wet nurfes.
li
LAC [ 493 ] LAB
La&antius If tlie menfes do not appear during tlie firft months,
but after fix or eight months fuckling they begin to de-
Lafliferom. the child fliould be weaned.
v Wet nurfes fhould eat at lead one hearty meal of
animal food every day; with this a proper quantity of
vegetables ftiould be mixed. Thin bioth or milk are
proper for their breakfalts and their flippers; and if
the flrength fhould feem to fail a little, a draught of
good ale fhould now and then be allowed : but fpiritu-
ous liquors mult in general be forborne ; not but a fpoon-
ful of rum may be allowed in a quart of milk and water,
(i. e. a pint of each), which is a proper common dripk.
Though it is well obferved by Ur Hunter, that
the far greater number of thofe women who have can¬
cers in the bread or womb are old maids, and thofe
who refufe to give fuck to their children ; yet it is
the unhappinefs of fome willing mothers not to be
able : for indance, thofe with tender conditutions, and
who are fubjedt to nervous diforders; thofe who do
not eat a fuOicient quantity of folid food, nor enjoy
the benefit of exercife and air : if children are kept
at their breads, they either die while young, or are
weak and fickly after childhood is pad,' and fo on
through remaining life.
LACTANTIUS, Lucius Coelius Firmianus, a
celebrated author at the beginning of the 4th century,
was, according to Baronius, an African ; but, accord¬
ing to others, was born at Fermo in the marquifate of
Ancona, from whence ft is imagined he was called
Tirmianus. He dudied rhetoric under Arnobius ; and
was afterwards a profeffor of that fcience in Africa and
Nicomedia, where he was fo admired, that the empe¬
ror Condantine chofe him preceptor to his fon Crifpus
Caefar. Lacfantius wTas fo far from feeking the plea-
fures and riches of the court, that he lived there in po¬
verty, and, according to Eufebius, frequently wanted
neccflaries. His works are written in elegant Latin.
The principal of which are, 1. De ira divina. 2. De
bperibus Dei, in which he treats ef the creation of man,
and of divine providence. 3. Divine Inditutions, in
feven books : this the mod confiderable of all his
works: lie there undertakes to prove the truth of the
Chridian religion, and to refute all the difficulties that
had been railed againd it; and he folidly, and with
great drength, attacks the illufions of Paganifm. His
flyle is pure, clear, and natural, and his expreffions
noble and elegant, on which account he has been called
the Cicero of the ChriJHans. There is alfo attributed
to him a treatife De morte perfecutorum; but feveral
of the learned doubt its being written by Laflantius.
The mod copious edition of La&antius’s works is that
of Paris in 1748, 2 vols. 410.
LACTEALS, or Lacteal Vessels, a kind of
long {lender tubes for the conveyance of the chyle
from the intedines to the common refervatory. See
Anatomy, N° 10
LACTIFEROUS, an appellation given to plants
abounding with a milky juice, as the fow thidle and
the bkei '1 he name of lactiferous, or laEiefcent, is given
to all thofe plants which abound with a thick coloured
juice, without regarding whether it is white or not.
JUod lafliferous plants are poifonous, except thofe with
compound flowers, which are generally of an innocent
quality.
Of the poifonous laflefcent plants the mod remark- Laeiuca
able are fumach, agaric, maple, burning thorny plant, jl
caflada, celandine, puccoon, prickly poppy, and the, -Ladder-
plants of the natural order contorts, as fvvallow-wort,
apocynum, cynanchum, and cerbera.
The bell-draped flowers are partly noxious, as cardi¬
nal flower ; partly innocent, as campanula.
Among the laftefcent plants with compound flowers
that are innocent in their quality, may be mentioned
dandelion, picris, hyoferis, wild lettuce, gum fuccory,
hawkweed, badard hawkweed, hypochoeris, goat’s
beard, and mod fpecies of lettuce : we fay mod fpe-
cies, becaufe the prickly fpecies of that genus are faid
to be of a very virulent and poifonous nature ; though
Mr Lightfoot denies this, and affirms that they are a
fafe and gentle opiate, and that a fyrup made from the
leaves and dalks is much preferable to the common dia-
codium.
LACTUCA, Lettuce, a genus of plants belong¬
ing to the fyngenefia clafs ; and in the natural method
ranking under the 49th order, Compofitce. See Bo¬
tany Index. And for the method of cultivating lettuce
fee Gardening Index.
LACUNAE, in Anatomy, certain excretory canals in
the genital parts of women.
LACUNAR, in Architecture, an arched roof or
ceiling, more efpecially the planking or flooring above
porticos or piazzas.
LACYDES, a Greek philofopher, born at Cyrene,
was the difciple of Arcefilaus, and his fucceflbr in the
academy. He taught in a garden given him by At¬
tains king of Pergamus ; but that prince fending for
him to court, he replied, “ That the pictures of kings
fliould be viewed at a didance.” He imitated his
mafler in the pleafure he took in doing good with¬
out caring to have it known : he had a goofe which
followed him everywhere by night as well as by day ;
and wffien die died, he made a funeral for her, which
was as magnificent as if it had been for a fon or a
brother. Fie taught the fame doftrine as Arcefilpus ; •
and pretended that wre ought to determine nothing, but
always to fufpend our opinion. He died 212. B. C.
LADDER, a frame made with a number of deps,
by means of which people may afcend as on a flair to
places otherwife inacceflible.
Scaling Ladders, in the military art, are ufed in
fcaling when a place is to be taken by furprife. They
are made feveral ways : here vtt make them of flat
haves, fo that they may move about their pins, and
fliut like a parallel ruler, for conveniently carrying
them: the French make them of feveral pieces, fo as
to be joined together, and to be made of any neceflary
length : fometimes they are made of Angle ropes,
knotted at. proper diflances, with iron hooks at each
end, one to faden them upon the wall above, and the
other in the ground ; and fometimes they are made
with two ropes, and ftaves between them, to keep the
ropes at a proper didance, and to tread upon. When
they are ufed in the ailion of fcaling walls, they
ought to be rather too long than too fliort, and to be
given in charge only to the flouted of the detach¬
ment. The foldiers fhould carry thefe ladders with
the left arm paffed through the fecond flep, taking
care to hold them upright clofe to their fides, and
very /
L A D
[ 494 1
L A D
'Laden very (hort below, to prevent any accident in leaping
!1 into the ditch.
Lad°ffa- The firil rank of each divifion, provided with lad-
v ders, {liould fet out with the reft at the fignal, march¬
ing refolutely with their firelock^ Hung, to jump into
the ditch ; when they are arrived, they ihould apply
their ladders againft the, parapet, obferving to place
them towards the falient angles rather than the middle
of the curtain, because the enemy have lefs force there.
Care mult be taken to place the ladders within a root
of each other, and not to give them too much nor
too little Hope, fo that they may not be overturned or
broke with the weight of the foldiers mounting upon
them.
Tim ladders being applied, they who have carried
them, and they wdio come after, (hould mount up, and
rufti upon the enemy fword-in hand : it be who goes
fir ft, happens to be overturned, the next thould take
care not to be thrown dowm by Ins comrade } but, on
the contrary, immediately mount himfelf, fo as not to
give the enemy time to load his piece.
As the foldiers who mount firft may be ealily tum¬
bled over, and their fall may caufe the attack to fail,
it would perhaps be right to protedl their breads with
the fore parts of cuirafl'es 5 becaule, if they can pene¬
trate, the reft may ealily follow.
The fuccefs of an attack by fealing is infallible, if
they mount the four Tides at once, and take care to
ihower a number of grenades amongft the. enemy,
efpecially when fupportc by fome grenadiers and
picquets, who fiiare the attention and fire of the enemy.
LADEN, in the fea language, the ftate of a Ihip
when (lie is charged with a weight or quantity of any
fort of merchandifes, or other materials, equal to her
tonnage or burden. If the cargo with which the is
laden is extremely heavy, her burden is determined by
the weight of the goods; and if it is light, (lie car¬
ries as much as the can Jiow, to be fit for the purpofes
of navigation. As a ton in *iealure is generally efti-
mated at 200olb. in weight, a veflfel of 2CO tons ought
accordingly to carry a w’eight equal to 400,0001b.
when the matter of which the cargo is compofed is fpe-
eifically heavier than the water in which (he floats ;
or, in other words, when the cargo is fo heavy that the
cannot float high enough with fo great a quantity of
k as her hold will contain.
Laden in Bulk, the ftate of being freighted with a
cargo which is neither in eafks, boxes, bales, nor cales,
but lies loofe in the hold; being defended from the.
moifture or wet of the hold, by a number of mats and
a quantity of dunage. Such are ufually the cargoes of
corn, fait, or fuch materials.
LADENBURG, a town of Germany in the pala¬
tinate of the Rhine, feated on the river Neckar, in
E. Long. 8. 42. N. Lat. 49. 27. It belongs to the
hilhopric of Worms, and the eledlor Palatine.
LADISLAUS, the name of feveral kings of Po¬
land. See Poland.
LADOGA, a lake in Ruflia, between the gulfs of
Onega and Finland, meafuring 150 miles by 90, and
coniidered as the largeft in Europe. Seals are among
the fifti with which it abounds. It is full of quickfands,
which often prove fatal to the Ruffian flat-bottomed
veffels; thefe fands often fhifting from place to place
by violent ftorms, and forming a number of fhelves.
On this account Peter the Great cut a canal 67 miles
in length from the fouth-weft extiemity of the lake,
thus opening a communication between it and the gulf .
of Finland. . -
Ladoga, Neu', a town in the Ruffian govern¬
ment of Peteriburgh, feated on the Yolkhof, between
the canal and lake of Ladoga. Old Ladoga is higher
up the river, and a place of no great extent. The
former is 70 miles eaft of Peteriburgh, in N. Lat. 6g°.
E. Long. 30. 32.
LADOGNA, or Lacedogna, a town of Italy in
the kingdom of Naples, and in the Capitanata, with a
bifhop’s fee. E. Long. 15. 12. N. Lat. 41. 16.
LADON, in Ancient Geography, a river of Arcadia
falling in the Alpheus. The metamorphofis of Daphne
into a laurel, and of Syrinx into a reed, happened near
its banks.
LADRONEor Marian islands, a duffer of twelve
iilands lying in the Pacific ocean, in about 1450 oi'
eaft longitude, and between the nth and 21ft degree
of north latitude. They were firft discovered by Ma¬
gellan, who failed round the world through the ftraits
which bear his name. He gave them the name of
Ladrone ijlanas, or the ijlands of Thieves, from the
thievifti difpofition of the inhabitants. At the time
thefe illands were difeovered by the Europeans, the
natives were totally unacquainted with any other coun¬
try befides their own ; and having no traditionary ac¬
counts of their own origin, they imagined that the
author of their race was formed of a piece of the rock
of Funa, one of their fmalleft illands. Many things
looked upon by us as abfolutely neceflary to our exist¬
ence, were utterly unknown to thefe people. They
had no animals of any fort; and would not even have
had any idea of them, had it not been for the birds ;
and even of them they had but one fpecies, fomewhat
like the turtle dove, which they never killed for
eating, but only tamed them, and taught them to
Speak. They were much aftonifhed on feeing a horfe
which a Spanish captain left among them in. 1673,
and could not for a long time be Satisfied with ad¬
miring him. But what is more Surprising and incre¬
dible in their hiftory is, that they were utterly unac¬
quainted with the element of fire till Magellan, pro¬
voked by their repeated thefts, burned one of their
villages. When they faw their wooden houfes blazing,
they firft thought that the fire was a beaft which fed
upon the wood ; and fome of them who came too near,
being burnt, the reft flood at a diftance, left they Should
be devoured or poifoned by the breathings of this ter¬
rible animal.
The inhabitants of the Ladrones are olive coloured,
but not of fuch a deep dye as thofe of the Philippine
islands; their Stature is good, and their limbs well
proportioned. J. hough their food confifts entnely of
fifti, fruits, and roots, yet they are fo fat, that to
Strangers they appear fuelled ; but this does not render
them lefs nimble and aaive. They often live to too
years or more, yet retain the health and vigour of men
of 50. The men go Stark naked, but the women are
covered. They are not ill looked, and take great
care of their beauty, though their ideas on that fub-
jedt are very different from ours. They love black teeth
and white hair. Hence one of their principal occu¬
pations is to keep their teeth black by the help of
certain
Ladoga
II '
Ladi one.
LAD • [ 495 ]
La,'rone, certain herbs, and to whiten their hair, forinkling tip- fierce ;
   on it a certain water for this purpofe. L he women
have their hair very long ; but the men generally ftiave
it clofe, except a lingle lock on the crown of the head,
after the manner of the Japanefe. I heir language
mJCh refembles that of the people called Tagales m
the Philippine iflands. It is agreeable t.o the ear, with
a foft and eafy pronunciation. One of its chief graces
con fills in the" facility of tranfpofing words, and even
all the fyllables of one word *, and thus furniihing a va¬
riety of double meanings, with which thefe people are
greatly delighted. Though plunged in the deeped
i rnorance, and deditute of every thing valued by the
red of mankind, no nation ever dtovved more prelump-
tion or greater conceit of themielves, than thpfe idand¬
ers, looking on their own nation as the only wife, fen-
fible, and polidied one in the world, and beholding
every other people with the greateft contempt. Though
they are ignorant of the arts and fciences, yet, like
every other nation, they have their fables which ferve
them for hi dory, and lome poems whicn they great y
admire. A poet is with them a character ot the did
eminence, and greatly refpefted.
It is not known at what time, or from what place,
the Ladrone iflands were firft peopled. As Japan lies
within lix or feven days fail ot them, fome have been
induced to believe, that the flrfl inhabitants of the
Ladrones came from Japan. But from their greater
refemblance to the inhabitants of the Philippine iflands
than to the Japanefe, it is more probable that they
came from the former than the latter. Formeily
mod of the iflands were inhabited 5 and about 90 years
ago, the three principal iflands, Guam, Tinian, and
Rota, are faid to have contained 50,000 people 5 but
fince that time, Tinian has been entirely depopulat¬
ed, and only 200 or 300 Indians left at Rota to cul¬
tivate rice for the ifland of Guam, which alone is in¬
habited by Europeans, and where the Spaniards have a
governor and a garrifon : here alfo the annual Manilla
ihip touches for refrelhments in her paflage^ from A-
capulco to the Philippines. The ifiand ol I inian af¬
forded an afylum to Commodore Anfon in 1742-, and
the mafterly manner in which the autnor of teat voy¬
age paints the natural beauties of the country, has gi¬
ven a degree of eftimation not only to tms iiland, but
to all the reft, which they had not before. Commo¬
dore Byron, in 1765, continued nine weeks at Ti¬
nian, and anchored in the very fpot where the Centu¬
rion lay •, but gives a much lefs favourable account af
this climate and country than the former navigator.
The water, he fays, is brackifh, and full of worms ;
many of his men were feized with fevers, occafioned
by the intenfe heat •, the thermometer, which \vas kept
on board the (hip, generally flood at 86°, which is but
10 or 11 degrees lels than the heat of the blood at tne
heart j and had the inftrument been alhore, he ima¬
gines it would have flood much higher than it did. It
was with the greateft difficulty that tney' could pene¬
trate through the woods j and when they had fortu¬
nately killed a bull, and with prodigious labour drag¬
ged it through the forefts to the beach, it flunk, and
was full of fly-blows by the time it reached the fliore.
The poultry was ill tafled ; and within an hour sher it
was killed, the flefli became as green as grafs, and
fwarmed with maggots. rIhe wild hogs were very
LAE
and fo large, that a carcafs irequently weighed
200 pounds. Cotton and indigo were found on the
ifland. Captain Wallis continued here a mont
1767, but makes no fuch complaints.
LADY. This title is derived from two Saxon
words, which fignify loaf-day, which words have in
time been contrafled into the prefent appellation. ^ It
properly belongs only to the daughters of earls, ana all
of higher rank ; but cuftom has made it a word of
complaifance for the waves of knights and of all emi¬
nent women. _
As to the original application of this expreflion, u
may be obferved, that heretofore it was tne falhion fo*
thofe families, whom God had bleffed with affluence,
to live conftantly at their manfion houfes in the coun¬
try, and that once a-week, or oftener, tne lady of the
manor diftributed to her poor neighbours, witn hci
own hands, a certain quantity of bread j but the prac¬
tice, which gave rife to this title is now as little known
as the meaning of it } however, it may be from that
hofpitable cultom, that to this day the ladies in this
kingdom alone ferve the meat at their own table.
Lam's Bedfraw. See Galium, "I
Lady's Mantle. See Alchemilla, | BoTAKY
J.ady's Smoke. See Cardamxne, J> jflyeN
Lady's Slipper. See'Cypripedium,
Lady's Traces. See OPHRYS, j
Lady Day, in Law, the zjth of March, being the
annunciation of the Holy Virgin. See Anxuncia-
tion.
LiELIUS, Caius, a Roman conful and great ora¬
tor, furnamed the Wife, diflinguilhed himfell in Spain
in the war againft Vniathus the Spanifti general.. He
is highly praifed by Cicero, who gives an admirable
defeription of the intimate friendfliip which fubfifted
between Laelius and Scipio Africanus the Younger.
His eloquence, his modefly, and his abilities, ac¬
quired him a great reputation •, and he is thought to
have aflifted Terence in his comedies. He died about
the year J 26 B. C.
LAIN A, in antiquity, was a gown worn by the
Roman augurs, and peculiar to their office. In t.us
gown they covered tneir heads, wdien they made then
obfervations on the flight of birds, &c. See Augur.
LAER. See Bamboccia.
LtESTRYGONES, the moft ancient inhabitants
of Sicily. Some fuppofe them to be the fame as the
people of Leontium, and to have been neighbours to
the Cyclops. They fed on human fleih and when
Ulyffes came on their coafts, they funk his {hips and
devoured his companions. 'They were of a gigantic
ftature, according to Homer’s deferiptipn. A colony
of them, as fome fupppfe, palled over, into Italy with
Lamus at their head, where they built the town ot
Eormiae, whence the epithet of L.ccjh'iygonia is often
ufed for that of Formiana.
LvETIA, a genus of plants belonging to the poly-
andna clafs, and in the natural method ranking witn
thofe of which the order is doubtful. See Botany
Index.
L/EVINUS, Torrent 1 nus, commonly called Van-
der Behn, or lorrentin, wras a native of Ghent, and
bred in the univerfity of Louvain. He afterwards
made the tour of Italy, where his virtues obtained him
the friendfliip of the moft illuftrious perfonages of his
time,.
LAG [496
time. On his return to the Low Countries •, he was
Laguncs. ^ad.C Can01? of L’ege» aild vic^r-general to Erneil de
I _ Eavierp. hiflmn r»f A i 
La v'tis
— Laviere, biflicp of that fee. Af length, having exe¬
cuted a fuccefsftil embaffy to Philip If. of Spain, he
was rewarded with the bilhopric of Antwerp; from
whence he was tranilated to the metropolitan church
of Mechlin, and died there in 1595. He founded a
college of Jefuits at; Louvain, to which he left his li¬
brary, medals, and curiolities. Pie wrote feveral poems
that obtained him the character of being, after Ho¬
race, the prince of lyric poets.
L/E’WoS, a Latin poet. It is not well known
at v\ hat time he lived, but probably before the age of
Cicero. A poem of his, entitled Erotopagnia, ' i. e.
Love-Games, is quoted by Aulus Gellius. Apuleius
alfo quotes fix lines from the fame poet ; but he does
not ted fiom what work he borrowed them. Lae-
1 ius had alfo compofed a poem entitled I'/ie Cen¬
taurs, which Fellus quotes under the title of Pe-
treru.;:.
LAGAN, or Lagon. See Flotsom.
LAGEMAN {lagattmamus), homo habeas legem,
or homo lega/is fen legitimus; fuch as we call now
good men of the jury.” rLhe word is frequently ufed
in Domefday, and the laws of Edward the Confefior,
cap. 38.
LAGEN {Lagcna), in ancient time, was a mea-
iUre of wine, containing fix fextani : whence probably
is derived qsx'cflagon. The lieutenant of the tow'er has
tne piivilege to take unajn lagenam vim ante malum et
retro, ok ail w ine fhips that come upon the Thames ;
and Sir Peter Leiceller, in his Antiquities of Chelhire,
interprets lagena vini, “ a bottle of wane.”
LAGERSFROEMIA, a genus of plants belong¬
ing to the polyandria clafs. See Botany Index.
L AGN^ , a town of the lile of Fr nee, with a fa¬
mous Benedi<5Iine abbey. It is feated on the river
Marne, in E. Long. 2. 45. N. Lat. 48. 50.
LAGOECIA, a genus of plants belonging to the
pentandria clafs. See Botany Index.
LAGOON, an illand in the South fea, lying in
S. Lat. 18 47. W. Long, 139. 28. It is of an oval
.orm, with u lake in the middle, which occupies much
the greatell part of it. The whole is covered with
trees of different growth. It is inhabited by a race of
Indians, tall, of a copper colour, with long black hair.
I heir weapons are poles or fpikes, which are twice as
long as themfelves. Their habitations were feen under
fome clumps of palm trees, which formed very beauti¬
ful groves. This ifiand was difeovered by Captain Cook
in April 1769.
LAGOPUS, the Ptarmigan. See Tetrao, Or¬
nithology Index.
LAGOS, a fea port town of Portugal, in the
province of Algarva, with a callle near the fea, where
there is a good harbour, and where the Englifh fleets
bound to the Straits ufually take in frefli water. W.
Long. 8. 5. N. Lat. 36. 45.
LAGUNA, or San Chrifloval dr Laguna, a confi-
derable town in the ifiand of Teneriffe, near a lake of
tne fame name, on the declivity of a hill. It has very
uandfome buildings, and a fine fquare. W. Long.
16. 24. S. Lat. 28. 30. &
LAtjUiNES of Venice, are marfhes or lakes in
3v on which Venice is feated. They communicate
3
] LAI
with the ica, and are the fecurity of the city*. There
are about 60 iflands in thefe Lagunes, which together
make a biihop’s fee. Eurano is the moft corifiderable,
next to thole on which Venice Hands.
LAGURUS, a genus of plants belonging to the
triandria clafs, and in the natural method ranking un¬
der the 4th order, Gramina. See Botany Index.
LAHOLM, a fea port (town of Sweden, in the
province of Gothland, and territory of Hailand, feat¬
ed near the Baltic lea, with a caflle and a harbour, in
E. Long. 13. 13. N. Lat. 56. 35.
L All OR, a large town of Afia, in Indoflan, and
capital of a province of the fame name, and one of
the moil conliderable i the Mogul’s dominions. It
is of a vaft circumference, and contains a great num¬
ber of mofques, public baths, caravanferas, and pa-
gods. It w as the refidence of the Great Mogul; but
fince the removal of the court, the fine palace is going
to decay. There is a magnificent walk of fhady trees,
which runs from this to Agra, that is upwards of 300
miles. Here they have manufactures of cotton cloths
and fluffs of ail kinds, and they make very curious
carpets. E. Long. 73. 53. N. Lat. 31. 40. "
LA INEZ, James, a Spaniard, companion of Ig¬
natius of Loyola, fecond general of the Jefuits, and
a man of a more daring and political charafter. Hav¬
ing procured from Pope Paul IV. the perpetual ge-
neralfhip of the new order of Jefuits, after the death
of Ignatius, he got the following privileges ratified by
that pontiff, which fhow that he was in fafl the found¬
er of the worft part of their inflitution : 1. The right
of making all forts of contracts (without the privity
of the community) veiled in the generals and their
delegates. 2. That of giving authenticity to all com¬
ments and explanations of their conflitutions. 3. The
power of making new', and altering the old : this o-
pened the door to their bloody political tenets, not to
be attributed to Loyola. 4. 1 bat of having prifons
independent of the fecular authority, in which they
put to death refraCtory brethren. Lainez died in 1363,
aged 33.
LA1RESSE, Gerard, an eminent Flemith paint¬
er, bom at Liege in 1640. He received the principal
part of his inllruCHon from his father Renieve de
Laireffe, though he is alfo accounted a difciple of Bar-
tolet. He firfl fettled at Utrecht, where he lived in
dill 1 effed circumftances; but an accidental recommen¬
dation carrying him to Amflerdam, he foon exchan¬
ged want and obi'eurity for affluence and reputation.
He. was a perfeCI mailer of hiftory ; his defigns are
diflinguifhed by the grandeur of the compofition ; and
the back grounds, wherever the fubjeCts required it,
are rich in architecture, which is an uncommon cir-
cumftance in that conntiy. He had the unhappinefs
to lofe his fight feveral years before his death, which
happened in 1711 ; fo that the treatife on Defign and
Colouring, which paffes under his name, was not wrote
by him, but collected from his obfervations after he
wras blind, and publiflied after bis death. He had
three fons, tw-o of whom wrere painters ; and ako three
brothers, Ernefl, James, and John : Ernefl and John
painted animals, and James was a ilow'er painter. He
engraved a good deal in aquafortis : his works confift
of 236 plates, above half of which were done w ith his
own hand. He wrote an excellent book on the art,
which
L A K [ 497 ] L A K
which has been tranflated into Engliili, and printed at
London both in 4(0 and 8vo.
LAIS, a celebrated courtefan, daughter of Timan-
dra tire rnifirefs of Aicibiades, born at Hyccara in
Sicily. She was carried away from her native place,
when Nicias the Athenian general invaded Sicily. She
firlt began to fell her favours at Corinth for 10,000
drachmas, and the immenfe number of princes, noble¬
men, philofophers, orators, and plebeians, which courted
her embraces, {how how much commendation is owed
to her perfonal charms. The expences which attended
her plea fares, gave rife to the proverb of Non cuivis
homini contingit adirc Corinthum. Even Demofthenes
himfelf vilited Corinth for the fake of Lais 5 but when
he wTas informed by the courtefan, that admittance to
her bed was to be bought at the enormous fum of a-
bout 200I. Englifh money, the orator departed, and
obferved that he would not buy repentance at fo dear
a price. The charms which had attrafled Demofthe-
ncs to Corinth, had no influence upon Xenocrates.
When Lais faw the philofopher unmoved by her beauty,
the vilited his heufe herfelf 5 but there Ihe had no rea-
fon to boaft of the licentioufnefs or eafy fubmiffion of
Xenocrates. Diogenes the cynic was one of her
warm eft admirers, and though filthy in his drefs arid
manners, yet he gained her heart and enjoyed her molt
unbounded favours. The fculptor Mycon alfo folicited
the favours of Lais, but he met with coldnefs : he,
however, attributed the caufe of his ill reception to the
whitenefs of his hair, and dyed it of a brown colour,
but to no purpofe : “ Fool that thou art (faid the
courtefan) to alk what I refufed yefterday to thy fa¬
ther.” Lais ridiculed the auilerity of philofophers,
and laughed at the weaknefs of thofe who pretend to
have gained a fuperiority over their paffions, by ob-
ferving that the fages and philofophers of the age were
not above the reit of mankind, for fhe found them at
her door as often as the reft of the Athenians. The fuc-
cefs which her debaucheries met at Corinth encoura¬
ged Lais to pafs into Theflaly, ahd more particularly
to enjoy the company of a favourite youth called Hip-
poftratus. She was however difappointed : the women
of the place, jealous of her charms, and apprehenfive
of her corrupting the fidelity of their hulhands, afi'af-
finated her in the temple of Venus, about 340 years
before the Chriftian era. Some fuppofe that there
■were two perfons of this name, a mother and her
daughter.
LAITY, the people as diftinguifhed from the cler¬
gy •, (fee CnERGY). The lay part of his majefty’s
fubjefts is divided into three diftinft ftates \ the civil,
the military, and the maritime. See Civil, Mili¬
tary, Maritime.
LAKE, a collection of waters contained in fome
cavity in an inland place, of a large extent, furround-
ed with land, and having no communication with the
ocean. Lakes may be divided into four kinds. 1. Such
as neither receive nor fend forth rivers. 2. Such as
emit rivers, without receiving any. 3. Such as receive
rivers, without emitting any. And, 4. Such as both
receive and fend forth rivers. Of the firft kind, fome
are temporary and others perennial. Moft of thole that
are temporary owe their origin to the rain, and the
cavity or depreflion of the place in which they are
lodi fd : thus in India there are feveral fucb lakes made
Vol. XL Fart II.
by the induftry of the natives, of which fome are a
mile, and fome two, in circuit ; thefe are furrounded
with a ftone wall, and being filled in the rainy months,
fupply the inhabitants in dry feafons, who live at a
great diftance from fprings or rivers. There are alio
feveral of this kind formed by the inundations of the
Nile and the Niger ; and in Mufcovv, Finland, and
Lapland, there are many lakes formed, partly by the
rains, and partly by the melting of the ice and fnow :
but moft of the perennial lakes, which neither receive
nor emit rivers, probably -owe their rife to fprings at
the bottom, by which they are conftantly fupplied.
The fecond kind of lakes, which emit without receiv¬
ing rivers, is very numerous. Many rivers flow from
thefe as out of cifterns *, v/here their fprings being fi-
tuated low within a hollow place, firft fill the cavity
and make it a lake, which not being capacious enough
to hold all the water, it overflows and forms a river :
of this kind is the Wolga, at the head of the river
Wolga 5 the lake Odium, at the head of the Tanais ;
the Adac, from whence one branch of the river Ti¬
gris flows ; the Ozero, or White lake, in Mufcovy,
which is the fource of the river Shakfna ; the great lake
Chaamay, tvhich emits four very large rivers, which
water the countries of Siam, Pegu, &c. viz. the
Menan, the Ava, the Caipoumuo, and the Laquia, &c.
The third fpecies of lakes, which receive rivers but
emit none, apparently owe their origin to thofe ri¬
vers which, in their progrefe from their fource, fall¬
ing into fome extenfive cavity, are collc&ed together,
and form a lake of fuch dimenfions as may lofe as
much by exhalation as it continually receives Irom thefe
fources : ot this kind is that great lake improperly
called the Cafpian fea ; the lake Afphaltites. alfo
called the Dead fea ; the lake of Geneva, and feveral
others. Of the fourth fpecies, which both receive and
emit rivers, we reckon three kinds, as the quantity
they emit is greater, equal, or lefs, than they receive.
If it be greater, it is plain that they muft be fupplied
by fprings at the bottom ; if lefs, the furplus of the
wTater is probably fpent in exhalations ; and if it be
equal, their fprings juft fupply what is evaporated by
the fun.
Lakes are alfo divided into thofe of frefti w'ater and
thofe of fait. Dr Halley is of opinion, that all great
perennial lakes are faline, either in a greater or lefe
degree ; and that this faltnefs increafes with time :
and on this foundation he propofes a method for de¬
termining the age of the world.
Large lakes anfvver the moft valuable purpofes in
the northern regions, the warm vapours that arife from
them moderating the pinching cold of thofe climates;
and what is ftill a greater advantage, wdien they are
placed in warmer climates at a great diftance from the
fea, the exhalations raifed from them by the fun caufe
the countries that border upon them to be refrefhed
with frequent {bowers, and confequently prevent their
being barren deferts.
Lake, or Lacque, a preparation of different fubftan-
ces into a kind of magiftery for the ufe of painters.
One of the fineft and firft invented of which was that
of gum lacca or lacque; from which all the reft, as
made by the fame procefs, are called by the common
name lacques. See Lacca.
ihe method of preparing thefe, in general, may be
3 R- knows
ts.fcf
L A K [ 498
known by the example of that of the curcuma root of
the {hops, called turmeric root; the procefs for the
making of which is this: Take a pound of turmeric
root in fine powder, three pints of water, and an ounce
of fait of tartar 5 put all into a glazed earthen vefl'el,
and let them boil together over a clear gentle fire, till
the water appears highly impregnated with the root,
and will ftain a paper to a beautiful yellow. Filtre
this liquor, and gradually add to it a ftrong folution
of rock alum in water, till the yellow matter is all
curdled together and precipitated \ after this pour
the whole into a filtre of paper, and the water will run
off and leave the yellow matter behind. It is to be
wafhed many times with frefh water, till the water
comes oft' infipid, and then is obtained the beautiful
yellow called lacque of turmeric, and ufed in paint-
ing.
In this manner may a lake be made of any of the
tinging fubftances that are of a fomewhat Itrong tex¬
ture, as madder, logwood, &c. but it will not fucceed
in the more tender fpecies, as the dowers of rofes, vio¬
lets, &c. as it deftroys the nice arrangement of parts
in thofe fubjedls on which the colour depends,
A yellow lake for painting is to be made from
broom flowers in the following manner : Make a ley of
pot allies and lime reafonably ftrong ; in this boil, at a
gentle fire, frefh broom flowers till they are white, the
ley having extrafted all their colour ; then take out
the flowers, and put the ley to boil in earthen veffels
over the fire ; add as much alum as the liquor will dif-
folve ; then empty this ley into a vellel of clean water,
and it wall give a yellow colour at the bottom. Let
all fettle, and decant off the clear liquor. Wafti this
pow der, which is found at the bottom, with more wTa-
ter, till all the falts of the ley are wafhed off; then fe-
parate the yellow matter, and dry it in the (hade. It
proves a very valuable yellow.
Lake is at prefent feldom prepared from any other
fubftance than fcarlet rags, cochineal, and Brafil wrood.
vol.T p" 61 what is commonly fold is made from the
colour extrafled from fcarlet rags, and depofited on
the cuttle-bone 5 and this may be prepared in the fol¬
lowing manner : Diffolve a pound of the beft pearl
allies in twro quarts of water, and filtre the liquor through
paper ; add to this folution two more quarts of w^ater
and a pound of clean fcarlet fhreds, and boil them in a
pew'ter boiler till the fhreds have loft their fcarlet co¬
lour } take out the (hreds and prefs them,- and put the
coloured water yielded by them to the other : in the
fame folution boil another pound of the fhreds, pro¬
ceeding in the fame manner ; and likewife a third and
fourth pound. Whilft this is doing, diifolve a pound
and a half of cuttle-fifh bone in a pound of ftrong
aquafortis in a glafs receiver •, adding more of the bone
if it appear to produce any ebullition in the aquafortis j
and pour this drained folution gradually into the other 5
but if any ebullition be occafioned, more of the cuttle-
fifh bone muft be diflblved as before, and added till no
ebullition appears in the mixture. The crimfon fedi-
ment depofited by the liquor thus prepared is the lake :
pour oft’ the water 5 and ftir the lake in two gallons
of hard fpring water, and mix the fediment in twm
gallons of frfcfh water; let this method be repeated
four or five times. If no hard w’ater can be procured,
or the lake appears too purple, half aji ounce of alum
1
LAM
Handmaid
to the Arts,
ftiould be added to each quantity of wrater before it be
tiled. Having thus fufticiently freed the lake from
the falts, drain off the water through a filtre, covered
with a worn linen cloth. When it has been drained
to a proper drynefs, let it be dropped through a pro¬
per funnel on clean boards, and the drops will become
fmall cones or pyramids, in which form the lake
muft be fuffered to dry, and the preparation is com¬
pleted.
Lake may be prepared from cochineal, by gently-
boiling tw-o ounces of cochineal in a quart of wrater 5;
filtering the folution through paper, and adding two
ounces of pearl-afhes diffolved in half a pint of w-arm
w-ater, and filtered through paper. Make a folution of
cuttle-bone as in the former procefs ; and to a pint of
it add two ounces of alum diffolved in half a pint of
water. Put this mixture gradually to that of the
cochineal and pearl-allies, as long as any ebullition
appears to arife, and proceed as above. A beautiful
lake may be prepared from Brafil wood, by boiling
three pounds of it for an hour in a folution of three
pounds of common fait in three gallons or w-ater, and
filtering the hot fluid through paper ; add to this a
folution of five pounds of alum in -three gallons of
w^ater. Diffolve three pounds of the beft pearl-allies
in a gallon and a half of water, and purify it by filter¬
ing ; put this gradually to the other, till the whole of
the colour appear to be precipitated, and the fluid
be left clear and colourlefs. But if any appearance of
purple be feen, add a frelh quantity of the folution of
alum by degrees, till a fcarlet hue be produced. Then
purfue the direftions given in the firft procefs with re¬
gard to the fediment. If half a pound of feed lac be
added to the foludon of pearl-allies, and diffolved in it
before its purification by the filtre, and two pounds of
the w-ood, and a proportional quantity of the common
fait and w-ater be ufed in the coloured folution, a lake
will be produced that will ftand well in oil or water,
but is not fo tranfparent in oil as without the feed lac.
The lake with Brafil w-ood may be alfo made by add¬
ing half an ounce of anotto to each pound of the wood ;
but the anotto muft be diffolved in the folution of
pearl-alhes. There is a kind of beautiful lake brought
from China 5 but as it does not mix well with either
water or oil, though it diftblves entirely in fpirit of
wine, it is not of any ufe in our kinds of painting.
This has been erroneoufly called fafflo'iver.
Orange Lake, is the tinging part of anotto precipi¬
tated together with the earth of alum. This pigment,
which is of a bright orange colour, and fit for varnifh
painting, where there is no fear of flying, and alfo for
putting under cryfial to imitate the vinegar garnet,
may be prepared by boiling four ounces ot the beft;
anotto and one pound of pearl allies half an hour in a
gallon of water ; and ftraining the folution through
paper. Mix gradually viith this a folution of a pound
and a half of alum in another gallon of water •, delift-
ing when no ebullition attends the commixture. Treat
the fediment in the manner already directed for other
kinds of lake, and dry it in fquare bits or round lo¬
zenges.
LAMA, a fynonyme of the camelus pacos. See
Camelus, Mammalia Index.
Lama, the fovereign pontiff, or rather god, of the
Afiatic Tartars, inhabiting the country of Barantola.
The
laRe,
Lama.
LAM [ 499 1 LA M
iLama. The lama is not only adored by the inhabitants of the
country, but alfo by the kings of Tartary, who lend
him rich prefents, and go in pilgrimage to pay him
adoration, calling him /ama congiu, i. e. “ god, the
everlafting father of heaven.” He is never to be feen
but in a fecret place of his palace, amidlt a great num¬
ber of lamps, fitting crofs-legged upon a cufifion, and
adorned all over with gold and precious ftones; where
at a difiance they profirate themfelves before him, it
not being lawful for any to kifs even his feet. He is
called the great lama, or lama of lamas-, that is, “ priefi:
of priefts.” The orthodox opinion is, that when the
grand lama feems to die either of old age or infirmity,
his foul in fatt only quits a crazy habitation to look for
another younger or better ; and it is dilcovered again
in the body of fome child, by certain tokens known
only to the lamas or priefts,. in which order he always
appears.
The following account of the ceremonies attend¬
ing the inauguration of the infant lama in Thibet
is extra&ed from the firft volume of the Afiatic Re-
fearches.
The emperor of China appears on this occafion to
have affumed a very confpicuous part in giving tefti-
mony of his refpeft and zeal for the great religious fa¬
ther of his faith. Early in the year 1784, he difmif-
fed ambaffadors from the court of Pekin to Teefhoo
Loomboo, to reprefent their fovereign in fupporting
the dignity of the high prieft, and do honour to the oc¬
cafion of the affumption of his office. Dalai Lama
and the viceroy of Laffa, accompanied by all the court,
one of the Chinefe generals ftationed at Laffa with a
part of the troops under his command, two of the four
magiftrates of the city, the heads of every monaftery
throughout Thibet, and the emperor’s ambaffadors,
appeared at Teeffioo Loomboo, to celebrate this epocha
in their theological inftitutions. The 28th day of the
feventh moon, correfponding nearly, as their year com¬
mences with the vernal equinox, to the middle of Oc¬
tober 1784, was chofen as the moft aufpicious for the
ceremony of inauguration : a few days previous to
which the lama was condufted from Terpaling, the mo¬
naftery in which he had paffed his infancy, with every
mark of pomp and homage that could be paid by an
enthufiaftic people. So great a concourfe as affembled
either from curiofity or devotion was never feen before,
-for not a perfon of any condition in Thibet was abfent
who could join the fuite. The proceffion was hence
neceffavily conftrained to move fo flow, that though
Terpaling is fituated at the diftance of 20 miles only
from Teefhoo Loomboo, three days expired in the per¬
formance of this fhort march. The firft halt was made
at Tfondue ; the fecond at Summaar, about fix miles
off, W'hence the moft fplendid parade was referved for
the lama’s entry on the third day, the account of
which is given by a perfon who was prefent in the
proceffion. The road, he fays, was previoufly prepa¬
red by being whitened with a wafti, and having piles
of ftones heaped up with fmall intervals bettveen on
either fide. The retinue paffed between a double row
of priefts, who formed a ftreet extending all the way
from Summaar to the gates of the palace. Some of
the priefts held lighted rods of a perfumed compofition
that burn like decayed wood, and emit an aromatic
fmoke ; the reft were furniftied with the different mu-
iical infiruments they ufe at their devotions, lucii as Lama,
the gong, the cymbal, hautboy, trumpets, drums, and "" v'~"
fea Ihclls, which were all founded in union with the
hymn they chanted. The crowd of fpeclators was
kept without the ftreet, and none admitted on the
high road but fuch as properly belonged to or had a
prefcribed place in the proceffion, which w7as arranged
in the following order.
The van w'as led by three military commandants or
governors of diftridts at the head of 6000 or 7000 horfe-
men armed with quivers, bows, and matchlocks. In
their rear followed the ambaffador with his fuite, car¬
rying his diploma, as is the cuftom of China, made up
in the form of a large tube, and faftened on his back..
Next the Chinefe general advanced with the troops un¬
der his command, mounted, and accoutred after their
way with fire arms and fabres ; then came a very nu¬
merous group bearing the various ftandards and infig-
nia of ftate ; next to them moved a full band of wind
and other fonorous inftruments after wdfich were led
two horfes richly caparifoned, each carrying two large
circular ftoves dilpofed like panniers acrofs the horle’s
back and filled with burning aromatic woods. Thefe
were followed by a fenior prieft, called a lama, who
bore a box containing books of their form of prayer
and fome favourite idols. Next nine fumpter horfes
were led loaded with the lama’s apparel j after wffiich
came the priefts immediately attached to the lama’s
perfon for the perlormance of daily offices ip the
temple, amounting to about 700 ; following them
were twro men each carrying on his ffioulder a large
cylindrical gold infignium emboffed with emblematical
figures (a gift from the emperor of China). The Du-
hunnieis and Soopoons, who were employed in com¬
municating addreffes and diftributing alms, immediate¬
ly preceded the lama’s bier, which was covered with
a gaudy canopy, and borne by eight of the 16 Chinefe
appointed for this fervice. On one fide of the bier at¬
tended the regent, on the other the lama’s father. It
was followed by the heads of the different monafteries,
and as the proceffion advanced, the priefts who formed
the ftreet fell into the rear and brought up the fuite,
which moved at an extremely flow pace, and about
noon tvas received within the confines ot the monafiery,
amidft an amazing difplay of colours, the acclamations
of the crowd, folemn mufic, and the chanting of their
priefts. '
The lama being fafely lodged in the palace, the re¬
gent and Soopoon Choomboo went out, as is a cufto-
mary compliment paid to vifitors of high rank on their
near approach, to meet and conduit Dalai Lama and
the viceroy of Laffa who were on the way to Teeihoo
Loomboo. Their retinues encountered the following
morning at the foot of Painom caftle, and the nexf day
together entered the monaftery of Teeihoo Loomboo,
in which both Dalai Lama and the viceroy were ac¬
commodated during their ftay.
The following morning, which was the third after
Teefhoo Lama’s arrival, he was carried to the great
temple, and about noon feated upon the throne of his
progenitors*, at which time the emperor’s ambaffador
delivered his diploma, and placed the prefents with
which he had been charged at the lama’s feet.
The three next enfuing days, Dalai Lama met Tee¬
ihoo Lama in the temple, where they were affilted by
3 R 2 all
L A M [ 5oo 1 LAM
Lama, all the priefls in the invocation and public woriliip of
jamanon. their gods. 1'he rites then performed completed, as
vve underhand, the bufmefs of inauguration. During
this interval all who were at the capital were entertain¬
ed at the public ex pence, and alms were diflributed
without referve. In conformity likewife to previous
notice circulated everywhere for the fame fpace of
time, univerfal rejoicings prevailed throughout Thibet.
Banners were unfurled on all their fortreffes, the pea-
i'antry filled up the day with mufic and feilivity, and
the night was celebrated by general illuminations. A
’ong period was afterwards employed in making pre-
fents and public entertainments to the newly induced
lama, who at the time of his acceffion to the mufhud,
or, if we may uie the term, pontificate of Teefhoo
Loomboo, was not three years of age. The ceremony
was begun by Dalai Lama, whofe offerings are faid to
have amounted to a greater value, and his public en¬
tertainments to have been more fplendid than the relt.
The lecond day w7as dedicated to the viceroy of LalTa.
The third to the Chinefe general. Then followed the
cul/oong or magiilrates of Laffa, and the reft of the
principal perfons who had accompanied Dalai Lama.
After which the regent of Teefhoo Loomboo, and
all that were dependent on that government, were fe-
verally admitted, according to pre eminence of rank,
to pay their tributes of obeifance and refpeff. As
foou as the acknowledgements of allthofe were received
who were admitlible to the privilege, Teelhoo Lama
made in the fame order fuitable returns to each, and
the confummation lafted 40 days.
Many importunities were ui'ed with Dalai Lama to
prolong his ftay at Teefhoo Loomboo; but he excufed
himfelf from encumbering the capital any longer with
fo numerous a concourfe of people as attended on his
movements, and deeming it expedient to make his ab-
fence as fhort as poftible from the feat of his authority,
at the expiration of 40 days he withdraw with all his
fuite to Laffa, and the emperor’s ambaifador received
his dilmiflion to return to China, and thus terminated
this famous feftival.
LAMANON, Robert Paul, a celebrated natura-
lift, was born at Salon in Provence, in the year 1752,
of a refpe&able family. He was deftined for the church,
and fent to Paris to ftudy divinity ; but the acquaint¬
ance of philofophers foon made him relinquifh his theo¬
logical purfuits, and he turned his attention to chemi-
ftry and mineralogy. Yet he afterwards became a ca¬
non in the church ; but the death of his father and el¬
der brother caufed him to refign an office to which he
was never attached, and he now poffeffed the power of
direcling his own future exertions. One amiable trait
in the character of Lamanon is highly worthy of notice,
and that Is, that he refufed to accept of his paternal in¬
heritance, but as an equal iharer with his brothers and
lifters. When offered a confiderable fum to refign his
office of canon in favour of a certain individual, he re¬
plied, “ the chapter of Arles did not fell me my bene¬
fice ; I ftiall therefore reftore it in the fame manner that
I received it,” which was a conduD undoubtedly me¬
ritorious. Anxious to remove the veil which conceals
the fecrets of nature from mortal eyes, he travelled
through Provence and Dauphine, and fealed the Alps
and Pyrenees. He reached the fummit of rocks, and
explored the abyfs of caverns, weighed the air, analys¬
ed fpecimens, and in ffiort con Tiered himfelf qualified Lamanon,
to form a new fyftem of this world. Lamb.
After fome time he returned to Paris, and from V^^“J
thence went over to England ; and although he was in
imminent danger of being overwhelmed by the un¬
governable fury of the waves, he ordered himfelf to be
tied to the main-maft, that he might be enabled to
contemplate more at leifure this grand and terrific fpec-
tacle. Inftead of being dilmayed, he was tranfported
with the tremendous roar of thunder, the vivid daffies
ol lightning, the glancing (pray with which he was
almoft inceffantly covered ; and in his own eftimation
this was the moft exquifite day which he ever enjoyed.
During the time vyhich Lamanon afterwards (pent at
Paris, he became one of the founders of the mufeum.
Again refolving to revifit Switzerland and Italy, he
went firft to I urin, where he joined himfelf to the
learned of that country. From Piedmont he went to
Italy, returning by the way of Switzerland, where he
explored the Alps, and afeended to the top of Mont
Blanc ; and on his return to Provence with the fpoils
of the countries which he had vifited, he properly
arranged the interefting fruits of his journey. While
Lamanon was preparing for the prefs his interefting
work on the Theory of the Earth, the French
government conceived the defign of completing the
difeoveries of Captain Cook, and the academy of
fciences was charged with the felection of men
qualified to reftify our notions of the fouthern hemi-
fphere. Condorcet therefore made choice of Lamanon
for advancing the progrefs of natural hiltory conne&ed
with this great enterprife, and he received the invitation
of that philofopher with the moft eager tranfports. He
let out for Paris, refilled the falary offered him, took leave
of his friends, and went dire6!ly for Breft. The arma¬
ment under the command of the juitly celebrated but
unfortunate La Peroufe, fet fail on the ill of Auguft
1785 ; and having reached the ifland of Maouna, La¬
manon went afiiore with the crew of two boats, where
he fell a facrifice to the fury of the favages, bravely
fighting in felf defence.
In the eftimation of his eulogift M. Ponee, Lama-
r.on leemed deftined to efte£I fome great revolution in
fcience. His ideas were profound, his charadler ener¬
getic, his mind fagacious, and he poffeffed that lively
curiofity which can draw inftruftion out of any thing,
and wffiich might have led him in time to the moft in¬
terefting difeoveries. His perfon was tall, his counte¬
nance highly expreffive, his ftrength and activity al¬
moft incredible. His ftyle as a writer is nervous, and
he was eminently endowed with the precifion of logical
reafoning, which cannot fail to command attention and
enforce perfuafion.
LAMB, ia Zoology, the young of the iheep kind.
See Ovis, Mammalia Index.
Scythian Lamb, a kind of mofs, which grows about
the roots of fern in fome of the northern parts of Eu¬
rope and Afia, and fometimes affumes the form of a qua¬
druped ; fo called from a fuppofed refemblance in fhape
to that animal. It has fomething like four feet, and its
body is covered with a kind of down. Travellers re¬
port that it will fuffer no vegetable to grow within a
certain dillance of its feat. Sir Hans Sloane read a me¬
moir upon this plant before the Society ; for which
thofe who think it worthwhile may confult their Tranf-
aftions,
/
L A M [5
Latnbecius, actions, N* 245, p. 461. Mr Beil, in his £t Account
Lambert. 0f a Journey from St Peterihurgh to Ifpahan,” informs
us tliat he iearched in vain for this plant in the neigh¬
bourhood of Ailracan, when at the fame time the more
feniible and experienced amongit the Tartars treated
the whole hi dory as fabulous.
LAMBECIUS, Peter, born at Hamburgh in
1628, was one of the moil learned men of his time.
He went very young to dudy in foreign countries, at
the expence of his uncle the learned Holdenius, Pie
was chofen profeffor of hidory at Hamburgh in 1652,
and rector of the college of that city in 1660. Pie had
taken his degree of docdor of law in France before. He
fuiTered a thou fan d vexations in his own country 5 be-
caufe his enemies charged him with atheifm, and cen-
fured his writings bitterly. He married a rich lady,
but vrbo was fo very covetous that he left her in dif-
gud within a fortnight. He went to Vienna, and from
thence to Rome, where he publicly profeffed the Catho¬
lic religion. He returned to Vienna in 1662, where
he was kindly received by the emperor, who appointed
him his fublibrarian, and afterwards his principal libra¬
rian, with the title ot counfellor and hijtoriographer ; in
which employment he continued till his death, and
gained a great reputation by the works he publilhed,
viz. 1. An Eflay on Aulus Gellius. 2. The Antiqui¬
ties of Hamburgh. 3. Remarks on Codinus’s Antiqui¬
ties of Condantinople, &c.
LAMBERT of Afchaffenburgh, a Benedicline
monk, in the 11th century, wrote feveral w'orks j
among which is a hidory of Germany, from the year
1050 to 1077.
Lambert, John, general of the parliament’s forces
in the civil wars of the lad century, was of a good fa¬
mily, and for fome time dudied the law in one of the
inns of court ; but upon the breaking out of the rebel¬
lion, went into the parliament army, where he foon rofe
to the rank of colonel, and by his condutd and valour
performed many eminent fervices. But when Crom¬
well feerned inclined to affume the title of king, Lam¬
bert oppofed it with great vigour, and even refufed to
take the oath required by the affembly and council to
be faithful to the government *, on which Cromwell de¬
prived him of his commiflion, but granted him a pen-
fion of 2000k a*year. 1 his was an adl of prudence ra¬
ther than of generoiity ; as he well knew, that fuch
genius as Lambert’s, rendered defperate by poverty,
was capable of attempting any thing.
Lambert being now diveded of all employment, re¬
tired to Wimbleton houfe ; where turning Horid, he
had the fined tulips and gillifiovvers that could be got
for love or money. Yet amidd thefe amufements he
dill nourifbed his ambition 5 for when Richard Crom¬
well fucceeded his father, he adted fo effectually with
Pleetwood, Defborough, Vane, Berry, and others, that
the new protestor was obliged to furrender his authori¬
ty •, and the members of the long parliament, who had
continued fitting till the 20th of April 1653, "'hen
Oliver difmiffed them, were redored to their feats, and
Lambert was immediately appointed one of the council
ot date, and colonel of a regiment of horfe and another
of toot. For this (ervice the parliament prefented him
1 oool. to buy a jewel 5 but he didributed it among his
officers’. I his being foon known to the parliament,
‘hey concluded that lie intended to fecure a party in the
ci ] LAM
army. They therefore courteoufly invited him to come Lambert
to London ; but refolved, as foon as he Inould arrive, to ^ ^ ,
fecure him from doing any further harm. Lambert,. amecl,°
apprehenfive of this, delayed his return, and even refu¬
fed to refign his commiffion when it was demanded of
him and of eight of the other leading officers; and,
marching up to London with his army, dillodged the
parliament by force in October 1659. He was then
appointed, by a council of the officers, major general
of the army, and one of the new council for the ma¬
nagement of public affairs, and fent to command the
forces in the north. But General Monk inarching from
Scotland into England to fupport the parliament, a-
gainft which Lambert had afted with fuch violence,
the latter, being deferred by his army, was obliged to
fubmit to the parliament, and by their order was com¬
mitted prifoner to the tower j whence efcaping, he foon
appeared in arms with four troops under his command,
but was defeated and taken prifoner by Colonel lu-
goldlby.
At: the Reiteration he was particularly excepted out
of the act of indemnity. Being brought to his trial
on the 4th of June 1662, for levying war againit the
king, this daring general behaved with more lubmiifion
than the meaneft of his fellow prifoners, and was by his
majelty’s favour reprieved at the bar, and fentenced to
be confined during life in the ifland of Guernfey.
Lambert, Anna Therefa de Marguenat de Courcelles,
marchionefs of, an elegant moral writer, was the only
daughter of Stephen Marguenat lord of Courcelles. In
1666 the married Henry de Lambert, wheat his death
was lieutenant-general of the army ; and Ihe afterwards
remained a widow with a fon and a daughter, whom
Hie educated with great care. Her houfe was a kind
ol academy, to which perfons of difiinguifiied abilities
regularly reforted. She died at Paris in 1733, aged 86.
Her works, which are written with much taile, judge¬
ment, and delicacy, are printed in 2 vols. The advice
of a mother to her fon and daughter are particularly
efteemed.
LAMBIN, Dennis, an eminent clafiical commen¬
tator, was born at Montreuil-fur-Mer, in Picardy, and
acquired great ikill in polite literature. He lived for
a long time at Rome ; and at his return to Paris was
made royal profeffor of the Greek language. He died
in 1572, aged 56, of pure grief at the death of his
friend Ramus, who was murdered at the mafiacre on
St Bartholomew’s day. He wrote commentaries on
Plautus, Lucretius, Cicero, and Horace, and other-
works. His commentary on Horace is more particu¬
larly efteemed.
LAMECH, of the race of Cain, was the fon of
Methufael, and father of Jabal, Jubal, Tubal-cab, and
Naamah, Gen. iv. 18, 19, 20, &c. Lamech is cele¬
brated in Scripture for his polygamy, whereof he is
thought to be the firfl: author in the world. He mar¬
ried Adah and Zillah. Adah was the mother of J ibal
and .lubalj and Zillah of Tubal-cain, and Naamah his
filler. One day Lamech faid to his wives, “ Hear me,
ye waves of Lamech ; I have ilain a man to my rvound-
ing, and a young man to my hurt. If Cain {hall be
avenged feven fold, truly Lamech feventy and feven
fold.” Thefe words are an unintelligible riddle. The
reader may confult the commentators. There is a tra¬
dition among the Hebrews, that Lamech growing
blind,
LAM [ 502 ] LAM
Lamecli blind, ignorantly killed Cain, believing bixn to be fome
f i! wild bead 5 and that afterwards he llew his own fon
"tieiki n Tubal-cain, who had been the caufe of this murder, be-
v—  caufe he had directed him to flioot at a certain place in
the thickets where he had feen lomething ftir. See
Cain.
Several other fuppofitions are produced in order to
explain this paffage concerning Lamech, and all almoft
equally uncertain and abfurd.
Lamech, the fon of Methufelah, and father of
Noah. He lived a hundred fourfcore and two years
before the birth of Noah, (Gen. v. 25, 31.) ; and af¬
ter that, he lived five hundred and ninety-five years
longer : thus the whole time of his life was feven
hundred feventy-feven years, being born in the year of
the world 874, and dying in the year of the world
l6Su
L AMELLt^E, in Natural Hi/lonj, denotes very thin
plates, fuch as the fcales of fifties are compofed of.
LAMENTATIONS, a canonical book of the Old
Teftament, written by the prophet Jeremiah, accord¬
ing to Archbifhop Ufher and fome other learned men,
who follow the opinion of Jofephus and St Jerome, on
eccafion of Jofiah’s death. But this opinion does not
feem to agree wfith the fubjedt of the book, the la¬
mentation compofed by Jeremiah on that occafion be¬
ing probably loft. The fifty-fecond chapter of the
book of Jeremiah was probably added by Ezra, as a
preface or introduction to the Lamentations : the two
firft chapters are employed in defcribing the calami¬
ties of the fiege of Jerufalem : in the third the au¬
thor deplores the perfecutions he himfelf had fuffered :
the fourth treats of the defolation of the city and tem¬
ple, and the misfortunes of Zedekiah : the fifth chap¬
ter is a prayer for the Jews in their difperfion and cap¬
tivity : and at the clofe of all he fpeaks of the cruelty
of the Edomites, who had infulted Jerufalem in her
mifery. All the chapters of this book, except the
laft,'are in metre, and digefted in the order of the al¬
phabet ; with this difference, that in the firft, fecond,
and fourth chapters, the firft letter of every verfe fol¬
lows the order of the alphabet 5 but in the third the
fame initial letter is continued for three verfes toge¬
ther. This order was probably adopted, that the book
might be more eafily learnt and retained. The fub-
jedl of this book is of the moft moving kind •, and the
ftyle throughout lively, pathetic, and affedling. In
this kind of writing the prophet Jeremiah was a great
mafter, according to the charadler which Grotius gives
of him. Mines in ajfeBibus concitandis.
LAMIA, in Ancient Geography, a town of the
Phthiotis, a diftridt of Theffaly. Famous for giving
name to the Bellum Lamiacum, waged by the Greeks,
on the M cedoni.ms after Alexander’s death.
L \MIACUM BELLUM happened after the death
of Alexander, when the Greeks, and particularly the
Athenians, incited by their orators, refolved to free
Greece from the garrifons of the Macedonians. Leof-
thenes was appointed commander of a numerous force,
and marched againtl Antipater, who then prefided
over Macedonia. Antipater entered Theffaly at the
head of 13,000 foot and 600 horfe, and was beaten by
the fupenor force of the Atheiuans and of their Greek
confederates. Antipater after this blow fled to Lanra,
where he refolved, with all the courage and fagacity
t
of a careful general, to maintain a fiege with about 8000 Fa/nise
or 9000 men that had efcaped from the field of battle. T ^
Leofthenes, unable to take the city by ftorm, began to ^ imo’S1-'- -
make a regular fiege. His operations were delayed by
the frequent Tallies of Antipater : and Leofthenes be¬
ing killed by the blow' of a ftone which he received,
Antipater made his efcape out of Lamia, and loon af¬
ter, wuth the afliftance of the army of Craterus brought
from Afia, he gave the Athenians battle near Cranon ;
and though only 300 of their men were flain, yet
they became fo difpirited, that they fued for peace
from the conqueror. Antipater at laft with difficulty
confented, provided they raifed taxes in the ufual man¬
ner, received a Macedonian garrifon, defrayed the ex-
pences of the war, and, laftly, delivered into his hands
Demofthenes and Hyperides, the two orators v\hofe
prevailing eloquence had excited their countrymen
againft him. 'I hefe difadvantageous terms were ac¬
cepted by the Athenians, yet Demofthenes had time
to efcape and poifon himfelf. Hyperides wTas carried
before Antipater, by whofe orders, his tongue being
previoufly cut out, he was put to death.
J^AMIiE, a fort of demons who had their exiftence
in the imaginations of the heathens, and were fuppof-
ed to devour children. Their form was human, re-
fembling beautiful women. Horace makes mention of
them in his Art of Poetry. The name, according to
fome, is derived from lanio, “ to tear j” or according
to others, is a corruption of a Hebrew word fignify-
ing to devour. They are alfo called Larva; or Lemu-
res.
LAMINA, in Phyjio/ogy, thin plates, or tables,
whereof any thing confifts ; particularly the human
fkull, which are two, the one laid over the other.
LAMINIUM, in Ancient Geography, a town of the
Carpatani in the Hither Spain; at the diftance of feven
miles from the head of the Anas or Guadiana: Now
Montiel, a citadel of New Caftile \ and the territory
called Ager Laminitanus, is now el Campo de MontieL
(Clufius).
L AMIUM, Dead-Nettle, a genus of plants belong¬
ing to the didynamia clafs ; and in the natural method
ranking under the 42ft order, Verticillatce. See Botany
Index.
LAMMAS-Day, the firft of Auguft j fo called, as
fome will have it, becaufe lambs then grow out of fea-
fons, as being too big. Others derive it from a Saxon
word, fignifying “ loaf-mafs,” becaufe on that day our
forefathers made an offering of bread made wuth new
w’heat.
On this day the tenants who formerly held lands of
the cathedral church in York, were bound by their te¬
nure to bring a lamb alive into the church at high
mafs.
LA MOIGNON, Chretien Francis de, marquis
of Baville, and prefident of the parliament of Paris, was
born in 1644. His father would not truft the educa¬
tion of his fon to another, but took it upon himfelf,
and entered into the minuteft particulars of his firft
ftudies : the love of letters and a folid tafte were the
fruit* the fcholar reaped from this valuable education.
He learned rhetoric in the Jefuits college, made the
tour of England and Holland, and returned home the
admiration of thofe meetings {regularly held by per-
lons of the firft merit at his father’s houfe. The fe-
veral
L A M
veral branches of literature were
amufement : the law was his real employ j and the elo¬
quence of the bar at Paris owes its reformation from
bombalf and affefted erudition to the plain and noble
pleadings of M. Lamoignon. He was appointed the
king’s advocate general in 1673 ; which he difcharged
until 169S, when the prefidentlhip of the parliament
was conferred on him. This poll he held nine years,
when he was allowed to relign in favour of his eldeft
fon : he was chofen prelident of the Royal Academy
of Infcriptions in 1705. The only work he fuffered
to fee the light was his Pleader, which is a monument
®f his eloquence and inclination to polite letters. He
died in 1709.
LAMP, a veffel containing oil, with a lighted wick.
Lamps were in general ufe among!! the Jews, Greeks,
and Romans. The candleftick with feven branches,
placed in the fan&uary by Moles, and thofe which
Solomon afterwards prepared for the temple, were
cry dal lamps filled with oil, and fixed upon the
branches. J he lamps or candletiicks made ufe of by
the Jews in their own houfes were generally put into
a very high Hand on the ground. The lamps fuppofed
to be ufed by the foolilh virgins, &c. in the gofpel,
were of a different kind.—According to critics and an¬
tiquaries, they were a fort of torches, made of iron or
potters earth, wrapped about with old linen, and
moitlened from time to time with oil. Matth. xxv.
The lamps of Gideon’s foldiers were of* the fame
Lamp.
Hate
1,2.
kind. The ufe of wax was not unknown to the Ro¬
mans, but they generally burnt lamps ; hence the pro¬
verb Tempus ct oleum perdidi, “ I have loll my labour.”
Lamps were fometimes burnt in honour of the dead,
both by Greeks and Romans.
Dr St Clair, in the Philof. Tranf. N° 245, gives the
defcription of an improvement on the common lamp.
He propoles that it fhould be made two or three inches
deep, Ivith a pipe coming from the bottom almoft as
high as the top of the velfel. Let it be filled fo high
with water that it may cover the whole of the pipe at
the bottom, that the oil may not get in at the pipe
and fo be loft. Then let the oil be poured in fo as to
fill the veffel almoft brim full and to the veflel mull be
adapted a cover having as many holes as there are to
be wicks. When the veftel is filled and the wicks light¬
ed, if water ^alls in by drops at the pipe, it will always
keep the oil at the fame height or very near it ; the
weight of the water being to that of the oil as 20 A
to 19, which in two or three inches makes no great
difference. If the ivater runs fafter than the oil w-aftes,
it will only run over at the top of the pipe, and what
does not run over will come under the oil, and keep it
at the fame height.
From exoeriments made in order to afcertain the
expence of burning chamber oil in lamps, it appears,
that a taper lamp, with eight threads of cotton in the
wick, confumes in one hour T\,Vo°z. of fpermaceti oil,
at 2s. 6d. per gallon-, fo that the expence of burning
12 hours is 4-57 farthings. I his lamp gives as good
a light as the candles of eight and ten in the pound ;
it feldom wants fnufting, and cafts a ftrong and Heady
light. A taper, chamber, or watch lamp, with four
ordinary thieads of cotton in the wick, confumes
o. 166402. of fpermaceti oil in one hour j the oil at 2s.
[ 503 ] LAM
however only Ills 6d. per gallon, makes the expence of burning 12 hours
only 2.34 farthings.
Perpetual Lamps. The teftimony of Pliny, St
Auftin, and others, have led many to believe that the
ancients had the invention of perpetual lamps ; and
fome moderns have attempted to find out the fecret,
but hitherto in vain. Indeed it feems no eafy matter
to find out either a perpetual wick or perpetual oil.
I he curious may read Dr Plot’s conjectures on the
fubjeCl in the Philof. Tranf. N° 166 ; or in Lowthorp’s
Abridgment, vol. iii. p. 636. But few, we believe,
will give themfelves the trouble of fearching for the
fecret, when they confider that the credulity of Pliny
and of St Auftin was fuch, that their teftimcny does
not feem a fufficient inducement to us to believe a lamp
was ever formed to burn 1500 or loooyears: much
lefs is it credible that the ancients had the fecret of
making one burn for ever.
Rolling Lamps : A machine AB, with two moveable
circles DE, FG, within it j whole common centre ofcccxxxxxi
motion and gravity is at K, where their axes of mo¬
tion crofs one another. If the lamp KC, made pretty
heavy and moveable about its axis HI, and whofe
centre of gravity is at C, be fitted within the inner cir¬
cle, the common centre of gravity of the whole machine
will fall between K and C ; and by reafon of the pi¬
vots A, B, D, E, H, I, will be always at liberty to de-
fcend : hence, though the whole machine be rolled along
the ground, or moved in any manner, the ftame will
always be uppermoft, and the oil cannot Ipill,
It is in this manner they hang the compafs at fea ;
and thus Ihould all the moon lanterns be made, that are
carried before coaches, chaifes, and the like.
Argana'1 s Lamp. I his is a very ingenious contrivance,
and the greateft improvement in lamps that has yet been
made. It is the invention of a citizen of Geneva
and the principle on which the fuperiority of the lamp
depends, is the admiffion of a larger quantity of air tO;
the flame than can be done in the common way. This
is accomplilhed by making the wick of a circular form ;
by which means a current of air rulhes through the cy¬
linder on which it is placed with great force ; and,
along with that which has accefs to the outfide, excites
the ftame to fuch a degree that the fmoke is entirely
confumed. Thus both the light and heat are prodigi-
oufly increafed, at the fame time that there is very con-
fiderable faving in the expence of oil, the combuftiou
being exceedingly augmented by the quantity of air
admitted to the fiame ; and that what in common lamps,
is diflipated in fmoke is here converted into a brilliant
fiame.
This lamp is now very much in ufe ; and is applied
not oidy to the ordinary purpofes of illumination, but
alfo to that of a lamp furnace for chemical operations,
in which it is found to exceed every other contrivance
yet invented.. It confifts of two parts, viz. a refervoir
for the oil, and the lamp itfelf. The refervoir is ufually
m the form of a vafe, and has the lamp proceeding
from its fide. The latter confifts of an upright metal¬
lic tube about one inch and fix-tenths in diameter,
three inches in length, and open at both ends. With¬
in this is another tube about an inch in diameter, and
nearly of an equal length ; the fpaee betwixt the two
being left clear for the paffage of the air. The inter¬
nal
L A M
-.ar; p. nal tube is dofed at the bottom, and contains another
—V-— fUT1ilar tube about half an inch in diameter, which is
foldered to the bottom of the fecond. It is perforated
throughout, fo as to admit a current of air to pafs
through it •, and the oil is contained in the fpace be¬
twixt the tube and that which furrounds it. A par¬
ticular kind of cotton cloth is ufed for the wick, the
longitudinal threads of which are much thicker than
the others, and which nearly fills the Ipace into which
the oil flows •, and the mechanilm of the lamp is fuch,
that the wick may be railed or deprefled at plealure.
When the lamp is lighted, the flame is in the form of
a hollow cylinder •, and by reafon of the ftrong influx
of air through the heated metallic tube, becomes ex¬
tremely bright, the fmoke being entirely confirmed, for
the reafons already mentioned. The heat and light
are (till farther increafed, by putting over the whole a
glafs cylinder nearly of the fize of the exterior tube.
By diminilhing the central aperture, the heat and.light
are proportionably dirmnilhed, and the lamp begins.to
fmoke. The accefs of air both to the external and in¬
ternal furfaces of the flame is indeed fo very neceflary,
that a fenfible difference is perceived when the hand is
held even at the diftance of an inch below the lower
aperture of the cylinder ; and there is alfo a certain
length of wick at which the eflcdl of tire lamp is
flrongefl. If the wick be very ftrort, the flame, though
white and brilliant, emits a difagreeable and pale kind
of light ; and if very long, the upper part becomes
brown, and fmoke is emitted.
The faving of expence in the ufe of this inftrument
for common purpofes is very confiderable. By tome
experiments it appears that the lamp will continue to
burn three hours for the value of one penny : and the
following was the refult of the comparifon between
the light emitted by it and that of a candle. The lat¬
ter having been fuftered to burn lo long without bluf¬
fing, that large lumps of coally matter were formed
upon the wick, gave a light at 24 inches dilfance equal
to the lamp at 1 29 inches : whence it appeared that
the light of the lamp was equal to 28 candles in this
flate. On fnuffing the candle, however, its. light was
fo much augmented, that it became neceffary to re¬
move it to the diflance of 67 inches before its light
became equal to that of the lamp at 1 29 inches } ivhence
it was concluded that the light of the lamp was fome-
what lefs than that of four candles frefli fnuffed. At
another trial, in which the lamp was placed at the di-
ffance of 1314 inches, and a candle at the diftance of
i;5 inches, the lights were equal. In thefe experiments
the candles made ufe of were lol inches long, and 2to
inches in diameter. When the candle was newly fnuff-
ed, it appeared to have the advantage •, but the lamp
foon got the fuperiority •, and on the whole it was con¬
cluded, that the lamp is at leaft equivalent to half a
dozen of tallow candles of fix in the pound j the ex¬
pence of the one being only twopence halfpenny, and
the other eightpence, in feven hours.
The beft method of comparing the two lights to¬
gether feems to be the following : Place the greater
light at a confiderable difiance from a white paper, the
fmaller one being brought nearer or removed farther
off as occafion requires. If an angular body be held
before the paper, it will projefl two ftiadows : thefe
two fhadows can coincide only in part) and their an-
2
[ S°4 1 li A M
gular extremities will, in all pofitions hut one, be at
fame diftance from each other} and bang made to
coincide in a certain part of their bulk, they will be
bordered by a lighter fhadow, occafioned by the ex-
clulion of the light from each of the two luminous bo¬
dies refpedfively. Thefe lighter fhadows, in ladf, are
fpaces of the white paper illuminated by the different
luminous bodies, and may eafily be compared together,
becaufe at a certain point they adluaby touch one ano¬
ther. If the fpace illuminated by the fmaller fight ap¬
pear brighteft, the light muft be removed farther off,
but the contrary if it appear more obfcure.
On cutting open one of Argand’s wicks longitudi¬
nally, and thus reducing the circular flame to a ftraight-
lined one, the fights appeared quite equal in power ;
but the circular one had by far the greateft effedl in
dazzling the eyes; though when the long flame was
made to fhine on the paper, not by the broadfide, but
in the direction of its length, it appeared more dazzling
than the other. On placing this long flame at right
angles to the ray of Argand’s lamp, it projedled no
fnadow : but when its length was placed in the direc¬
tion of the ray, it gave a fhadow bordered with two
broad, well defined, and bright fines.
The broad-wicked lamp feems to have the advantage
of the other, as requiring lefs apparatus ; and indeed
by this contrivance we may at the moft trifling expence
have a lamp capable of giving any degree of light we
pleafe. The only difadvantage attending either the
one or the other is, that they cannot eafily be carried
Limp.
from one place to another j and in this refpedl it does
not feem poflible by any means to bring lamps to an
equality with candles.
The" moft economical method of lighting up large
apartments by means of different lamps and candles, as
it is of great importance, has occupied the attention of
many ingenious men, particularly of Count Rumford
and M. Haffenfratz. The following is the Ample and
accurate method propcfed by the count, for mealuring
the relative quantities of fight emitted by lamps differ¬
ently conffruded.
Let the two lamps, or other burning bodies to be
compared, be denominated A and B 5 and let them be
placed at equal heights upon two fight tables, or move¬
able fiands, in a darkened room j let a fheet of clean
white paper be equally fpread out, and faftened upon
the wainfeot, or fide of the room, at the fame height
from the floor as the lights*, and let the lights be
placed oppofite to this ftieet of paper, at the difiance
of fix and eight feet from it, and the fame from ca( h
other, in fuch a manner, that a line drawn from the
centre of the paper, perpendicular to its furface, fliail
bifeft the angle formed by lines drawn, from the fights
to that centre j in which cafe, confideiing the paper a:
a plane fpeculum, the one light will be precifely in the
line of reflection of the other.
If the one fight be weaker than the other, and
the weaker being placed at the diftance of four feet
from the centre of the paper, it fiiould tie found
neceffary, in order that the fiiadows may be of the
fame denfity, to remove the ftronger light to the diftance
of eight feet from that centre ; in that cafe, the real
intenfity of the ftronger light will be to that of the
weaker as 8* 10 4*, or as 4 to 1.
When the fhadows are of equal denfity at any given
point,
L A M [ 505 ] 'L A N
Lamp point, the intenfity of the rays at that point are alfo
- ... equal. The greateft care muit be. taken in every cafe
1 that the lights compared be properly trimmed, elfe the
-y—refults of the experiments will be inconclulive.
Count Rumford found, from a variety of experiments
conduced with his ufual caution, that if oil is burnt in
the lamp called Argand’s lamp inftead of one of the
common contlrudlion, the confumer has a clear faving
of 15 per cent, an object of attention furely to thofe
whofe finances are circumfcribed. The principal dif¬
ference between thefe two lamps is, that in the com¬
mon lamp much of the oil is volatilized, without under¬
going that procefs of combuflion from which origi¬
nates the difagreeable fmell produced by it •, whereas
in Argand’s lamp the heat is fo intenfe at the top of
the wick, that the oil is decompoled in its paffage
through it, the wick being fo difpofed as to admit free
accefs to the air, for the puvpofe of aiding combuftion.
1 he count having made experiments with dift'erent
inflammable fubftances, in order to afcertain which is
the cheapelt or moft economical, obtained the following
refults.
Bees-wax.—A good wax candle, kept well
fluffed, and burning with a clear bright weight.
flame, iqo
Tallow.—A good tallow candle, kept well
fnuffed, and burning with a bright flame, 101
The fame burning dim for want of fluffing, 2 29
Olive-oil—Burnt in an Argand’s lamp, with a
clear bright flame, without fnoke, 129
Rape-oil—Burnt in the fame manner, 1 25
Linfeed-oil—Likewife burnt in the fame man-
This table, together with the current prices of the
articles mentioned in it, wall enable any perfon to af
certain the relative prices of light produced by thefe
materials. It is worthy of obfervation, that 100 of
Argand’s lamps burning with fiffi oil, are equal to 218
common lamps, 285 fpermaceti candles, 333 tallow
ditto, or 546 wax candles, from which it evidently ap¬
pears, that an Argand’s lamp is vaftly fuperior, in point
of economy, to any other burning body commonly
made ufe of in families or in ihops.
LAMP-Black, among colourmen. See Colour-Mc-
&ing, N° 18, 19.—Subllances painted with lamp-black
and oil, are found to refill the effedls of eledlricity to a
furprifing degree ; fo that in many cafes even lightning
itfelf feems to have been repelled by them.
LAMP AD ARY, an officer in the ancient church
of Conltantinople, fo called from his employment,
which was to take care of the lamps, and to carry a
taper before the emperor or patriarch when they went
to church or in proceffion.
LAMPAS, in Farriery. See Farriery Index.
LAMPREY. See Petromyzon, Ichthyology
Index.
LAMPRIDIUS, ./Elius, a Latin hiftorian, who
lived under the emperors Dioclefian and Conftantine
the Great. Of his writing there are extant the lives of
four emperors, Antoninus, Commodus, Diadumenus,
and Heliogabalus. Some attribute the life of Alex¬
ander S'everus to him j but the MS. in the Palatine
library afcnbes it to Spartian.
VOL. XI. Part II.
Lampridius, BenediB, of Cremona, a celebrated Lampridius
Latin poet of the 16th century. He taught Greek H .
and Latin at Rome and at Padua, until he was invited Lanca^me'
to Mantua by Frederic Gonzaga to undertake the tui¬
tion of his fon. We have epigrams and lyric verfes
of this writer, both in Greek and Latin, which were
printed feparately, as well as among the Delieice of the
Italian poets.
LAMPSACUS, or Lampsacum, in Ancient Geo¬
graphy, a confiderable city of Myfia ; more anciently
called Pit yea, (Homer), becaufe abounding in pine
trees, a circumitance confirmed by Pliny ; iituated at
the north end or entrance of the Hellefpont into the
Propontis, with a commodious harbour, oppofite to
Callipolis in the I hracian Cherfonefus. It was affiom-
ed by Artaxerxes to Themi(lodes, for furniffiing 1iis
table with wine, in which the country abounded. It
was faved from the ruin threatened by Alexander be¬
caufe in the intereft of Perfia, by the addrefs of Anaxi¬
menes the hiftorian, fent by his fellow-citizens to avert
the king’s difpleafure j who hearing of it, folemnly de-
claied he would do the very reverie of Anaximenes’s
requeft, who therefore begged the king utterly to de-
ftroy it, which he could not do becaufe of his oath.
Lampfacius the epithet, denoting lafcivus, the characler
of the people : ftill called Lampfacus. E. Long. 28°.
N. Lat. 40. 1 2.
LAMPYRIS, the fire-fly, a genus of infects be-
longing to the coleoptera order. See Entomology
Index.
LANCARIM SPRING, the name of a mineral wa¬
ter of Glamorganlhire. It has its name from a town
near which it nfesy and has been long famous for the
cure of the king’s evil. The fpring is very clear, and
nfes out of a pure white marl. The cures that have
been performed there, are proofs of a real power in the
water. The perfons who come for relief not only drink
of the fpring, but alfo bathe the part affeded after¬
wards in the water.
LANCASHIRE, a large maritime province of Eng¬
land, walhed by the Irilh lea on the weft; bordering on
the north with part of Cumberland and Weftmorland ;
bounded on the call by the weft riding of Yorklhire, and
on the fouth by Chelhire ; extending 73 miles in length
and 41 in breadth, comprehending 6 hundreds,63 parilhes,
27 market towns, 894 villages, above 114,000 houfes,
and more than 672,000 inhabitants in the year 1801.
The eaftern parts of the province are rocky, ana in
the northern diftricls we fee many Angle mountains re¬
markably high, fuch as Ingleborough hill, Clouahbo-
hill, Pendle hill, and Longridge hill. Nor is "there
any want of wood in this county, either for timber or
fuel; witnefs Wierfdale foreft and Bowland foreft to
the northward, and Simon’s wood in the fouthern part
of Lancalhire.
This country is well watered with rivers and lakes.
Among the lakes or meres of Lancalhire, we reckon
the Winander mere, and the Kiningfton mere, which
though neither fo large nor fo well ftored with filh, yet
affords plenty of excellent char. There was on the
fouth fide of the Ribble another lake called Marion,
feveral miles in circumference, which is now drained*
and converted into pafture ground. In this operation*
the workmen found a great quantity of filh, together
with eight canoes, refembling thofe of America, fup-
3 S poled
LAN [ 506 ] LAN
laneafhsre. pofed to liave leen uied by tlie ancient Britilh fiiher-
' ^ men. Belidea thefe meres or lakes, this county abounds
with morales and mofies, from which the inhabitants
dig excellent peat or turf for fuel, as well as marl for
manuring the ground, and trunks of old fir trees,
fuppofed to have lain there fince the general deluge.
Some of thele are fo impregnated with turpentine, that
when divided into fplinters, they burn like candles,
and are ufed for that purpofe by the common people.
There is a great variety of mineral waters in this coun¬
ty, fome periodical fprings, and one inftance of a violent
eruption of water at Kirky in Fournefs. The moft
remarkable chalybeate fpaws are thofe of Latham,
Wigan, Stockport, Burnly, Bolton, Plumpton, Mid¬
dleton, Strangeways, Lancatter, Larbrick, and Chor-
ly. At Ancliff, in the neighbourhood of Wigan, is
a fountain called the Burning Well, from w’hence a bi¬
tuminous vapour exhales, which being fet on fire by a
candle burns like brandy, fo as to produce a heat that
will boil eggs to a hard confiftence, while the water
d1 See Bum - itfelf retains its Original coldnefs f. There is at Barton
*ng vie!l. a fountain of fait water, fo flrongly impregnated wuth
the mineral, as to'yield fix times as much as can be ex¬
tracted from the fame quantity of fea water. At Rog-
ham, in Fournefs, there is a purging faline fountain 5
and in the neighbourhood of Rafi'al, w7here the ground
is frequently overflowed by the fea, a ftream defeends
from Hagbur hills, which in the fpace of feven years
is faid to convert the marl into a hard freeftone fit for
building. The air of Lancathire is pure, healthy, and
agreeable, an obfervation equally applicable even to the
fens and the fca fhore, according to the experience of
thofe who have dwelt on that coaft for many years. The
foil is various in different parts of the county, poor
and rocky on the hills, fat and fertile in the valleys
and champaign country. The colour of the peat is
white, gray, or black, according to the nature of the
compofition and the degree of putrefaftion which the
ingredients have undergone. There is a bituminous
earth about Ormfkirk, that fmells like the oil of am¬
ber, and indeed yields an oil of the fame nature, both
in its feent and medicinal effeCls, which morever reduces
raw flefh to the confiftence of mummy j this earth burns
like a torch, and is ufed as fuch by the country people.
The metals and minerals of this county confifl of lead,
iron, copper, antimony, black lead, lapis calaminaris,
fpar, green vitriol, alum, fulphur, pyrites,^freeftone, and
nit and cannel coal.
The level country produces plenty of wheat and
barley, and the fkirts of the hills yield good harvefls
of excellent oats : very good hemp is railed in divers
parts of the province •, and the pafture which grows in
the valley is fo peculiarly rich, that the cattle wdiich
feed upon it are much larger and fatter than in any
other part of England. There is not any part of the
world better fupplied than Lancaflure with provifions
of all kinds at a very reafonable rate j fuch as beef,
veal, mutton, lamb, pork, poultry, and game of all
forts, caught upon the moors, heaths, and commons,
in the hilly part of the (hire. Befides the fea fowl
common to the (bores of England, fuch as duck, ea-
ilerlings, teal, and plover, many uncommon birds are
obferved on the coaft of Lancaftiire, the fea crow, va¬
riegated with blue and black, the puffin, the cormo¬
rant. t-he curlew, the razor-bill, the copped wTren,
the redlhanks, the fwan, the tropic bird, the kind’skancafliirs*
filher, &c.     
The chief manufactures of this county are woollen
and cotton cloths of various kinds, tickings, and cot¬
ton velvets, for which Manchefter is particularly fa¬
mous. The principal rivers are the Merfey, which
parts Chelhire and this county *, and the Ribble, which
rifes in Yorkihire, and enters this county at Clithero,
running fouth-weft by Prefton into the Irifir fea. Be¬
fides thefe there are many leffer dreams. The navi¬
gation made by his grace the duke of Bridgewater in
this county is highly worthy of notice. This was be¬
gun fo lately as about 20 years ago; it bears veffels
of 60 tons burden, and is carried over two rivers, the
Merfey and the Irwell. The fough or adit, which
was neceffary to be made, in order to drain the water
from the coal mines, is rendered navigable for boats
of fix or feven tons burden, and forms a kind of fubter-
raneous river, which runs about a mile and a half under
ground, and communicates with the canal. This river
leads to the head of the mines, is arched over with
brick, and is juft wide enough for the palfage of the
boats : at the mouth of it are two folding doors, which
are clofed as foon as you enter, and you then proceed
by candle light, which cafts a livid gloom, ferving
only to make darknefs vifible. But this difmal gloom
is rendered (fill more awful by the folemn echo of this
fubterraneous w’ater, which returns various and difeor-
dant founds. One while you are ftruck with the gra¬
ting noife of engines, which by a curious contrivance
let down the coals into the boats ; then again you hear
the (hock of an explofion, occafioned by the blowing
up the hard rock, which will not yield to any other
force than that of gunpowder; the next minute your
ears are faluted by the fongs of merriment from either
fex, who thus beguile their labours in the mine. You
have no fooner reached the head of the works, than a
new feene opens to your view. There you behold men
and women almoft in the primitive (late of nature,
toiling in different capacities, by the glimmering of a
dim taper, fome digging coal out of the borvels of the
earth ; feme again loading it in little waggons made
for the purpofe j others drawing thofe waggons to the
boats. To perfeff this canal, without impeding the
public roads, bridges are built over it, and where the
earth has been raifed to preferve the level, arches are
formed under it j but what principally ftnkes every
beholder, is a work raifed near fearton bridge, to con¬
vey the canal over the river Merfey. This is done by
means of three (tone arches, fo fpacious and lofty as
to admit veffels failing through them j and indeed no¬
thing can be more lingular and pleafing, than to ob-
ferve large veffels in full fail under the aquedwft, and
at the fame time the duke of Bridgewater’s veffels fail¬
ing over all, near 50 feet above the navigable river.
By this inland navigation communication has been made,
with the rivers Merfey, Dee, Ribble, Oufe, Trent,
Darwent, Severn, Humfeer, Thames, Avon, &c. which
navigation, including its windings, extends above 500
miles in the counties of Lincoln, Nottingham, York,
Lancafter, Weftmorland, Chefter, Stafford, Warwick,
Leicefter, Oxford, Worcefter, &c.
Lancafhire was ere<fted into a county palatine by
Edward III. who conferred it as an appendage on his foil
John of Gaunfcj thence called duke of Lancafer: but
the
LAN
C 507 ]
LAN
Xancafter, tlie duchy contained lands that $re not m Lancalhire,
Lance> -and among other demelnes, the palace of the Savoy,
v and all that diftrid in London, which indeed belong
to it at this day. The revenues of this duchy are ad-
miniltered by a court which fits at Weftminfter, and a
chancery court at Prefton, which has a feal diftind
from that of the county palatine. The title of Lan-
cajler diiiinguiihed the pofterity of John of Gaunt
from thole of his brother, who fucceeded to the duchy
- of York, in their long and bloody contell for the
crown of England. Lancalhire fends two members to
parliament for the county j and 12 for the fix boroughs
of Lancafier, Prefton, Newton, Wigan, Clithero, and
Liverpool.
LANCASTER, the capital of the county of Lan-
cafiiire in England, is pleafantly fituated on the fouth
fide of the river Lun, over which there is a handfome
flo e bridge. It is an ancient town, and is fuppofed
to have been the Longovicum of the Romans. King
John confirmed to the burgefies all the liberties he had
granted to thofe of Briftol $ and Edward III. granted
that pleas and feifions ihould be held there, and no¬
where elfe in the county. It is governed by a mayor,
recorder, 7 aldermen, 2 bailiffs, 12 capital burgeffes,
12 common burgeffes, a town clerk, and 2 ferjeants at
mace. The affizes are held in the caftle, where is alfo
the county gaol. It carries on a very confiderable trade
with Jamaica and the other iilands in the Weft Indies,
as alfo wfith Portugal, Hamburgh, &c. There is a
market on Wednefday by grant, and another on Satur¬
day by prefetiption, befides one every other Wed¬
nefday throughout the year for cattle ; and three fairs,
in May, July, and Oflober. The caftle is not large,
but neat and ftrong. Not very long ago, in digging
a cellar, there were found feveral Roman utenfils and
veffels for facrifices, as alfo the coins of Roman emper¬
ors $ fo that it is fuppofed there was here a Roman
fortrels. On the top of the caftle is a fquare tower,
called Jok?i of Gaunt's chair, whence there is a charm¬
ing profjrcff of the adjacent country, and efpecially
towards the fea, where is an extenlive view even to the
Ifte of Man. There is but one church, a fine Gothic
building. It is placed on the fame elevation, and from
iome points of view forms one group with the caftle,
wftiich gives the mind a moft magnificent idea of this
important place. The late confiderable additional new
ftreets and a new chapel, with other improvements, give
an air of elegance and profperity to the town, and the
new bridge of 5 equal elliptic arches, in all 549 feet in
length, adds not a little to the embellifhment and con-
veniency of the place. Adjoining to the caftle, the
new gaol is ereified on an improved plan. On the fide
of the hill below it, hangs a piece of a Roman wail,
IVery-Wa/I. Here is a cuftomhoufe. By means
of inland navigation, Lancafter has communication with
the rivers Merfey, Dee, Ribble, Oufe, Trent, Darwent,
Severn, Humber, Thames, Avon, &c. although fuch
extenfive communication, when it wras firft fuggefted, was
coniidered by many to be altogether impra&icable. For
its peculiar government, fee Ducur-Court.
LANCE, LancEa, a fpear j an offenfive weapon
worn by the ancient cavaliers, in form of a half pike.
The lance confifted of three parts, the fhaft or handle,
the wings, and the dart. Pliny attributes the invention
of lances to the ^Titolians. But Varro and Aulus
Gellius fay, the word lance is Spanifh $ whence others Lar.ccnlu
conclude the ufe of this weapon was borrowed by the ^
people of Italy from the Spaniards. Diodorus Sicu- L3nCi,
lus derives it from the Gauliih, and Feftus from the ——y—#
Greek Aey^sj, which fignifies the fame.
Lance, or fancied. See Ammodytes, Ichthyolo¬
gy Index.
LANCEOLATED leaf. See Botany Index.
LANCET, a chirurgical inftrument, fharp-pointed
and two edged, chiefly uled fo; opening veins in the
operation of phlebotomy or bleeding; alfo for laying
open abfeeffes, tumours, &c.
LANCH, a peculiar fort of long boat, ufed by the
French, Spanilh, and Italian fhipping, and in general
by thofe of other European nations when employed in
voyaging in the Mediterranean fea.
A lanch is proportionably longer, lower, and more
flat bottomed than the long boat; it is by confe-
quence lefs fit for failing, but better calculated for row¬
ing and approaching a flat fhore. Its principal luperi-
oritjr to the long boat, however, confifts in being by its
conitruflion much fitter to under-run the cable; which
is a very neceffary employment in the harbours of the
Levant fea, where the cables of different fliips are faft-
ened acrofs each other, and frequently render this exer-
cife extremely neceffary.
Lanch, is alfo the movement by which the (hip of-
boat defeends from the fliore, either when ftie is at firft
built, or at any time afterwards.
To facilitate the operation of lanching, arid pre¬
vent any interruption therein, the ftfip is fupported by
two ftrong platforms, laid with a gradual inclination
to the water, on the oppofite fide of her keel, ta
which they are parallel, tllpon the furface of this de¬
clivity are placed two correfponding ranks of planks,
which compofe the bafe of a frame, called the cradle,
whofe upper part envelopes the ftiip’s bottom, whereto
it is fecurely attached. Thus the lower lurface of the
cradle, conforming exadfly to that of the frame beiow,
lies flat upon it lengthwife, under the oppoflte Tides
of the fliip’s bottom ; and as the former is intended to
hide downwards upon the latter, carrying the fhip
along with it, the planes or faces of both are well daub¬
ed with foap and tallow.
The neceffary preparations for the lanch being made,
all the blocks and wedges, by which the fliip was for¬
merly fupported are driven out from under her keel,
till her whole weight gradually fubfides upon the plat¬
forms above deferibed, which are accordingly called
the ways. The Ihores and ftanchions, by which (he is
retained upon the flocks till the period approaches for
lanching, are at length cut away, and the lerews ap¬
plied to move her if neceffary. The motion ufually
begins on the inftant wThen the fliores are cut, and the
ftfip Aides downward along the ways, which are gene¬
rally prolonged under the furface of the water, to a
fufficient depth to float her as foon as Ihe arrives at the
fartheft end thereof.
When a fliip is to be lanched, the enfign, jack, and
pendant, are always hoifted, the laft being difplayed
from a ftaff eredted in the middle of the ftfip
Ships of the firft rate are commonly conftrucled irt
dry docks, and afterwards floated out, by throwing
open the flood gates, and fuffering the tide to enter as
foon as they are finilhed.
3 S 2
LANCEROTA,
L A' N t 508 ] LAN
Lancerota LANCEROTA, one of the Canary iflands, fub-
II je£t to Spain, and fituated in W. Long. 13. 5. N.
, ■Lillic1- _Lat. 28. ^o. It is about 32 miles in length and 22
in breadth. The ancient inhabitants were negroes,
very llrong, atlive, and fwift of foot. There is a ridge
of hills runs quite through it, on which are fed a good
number of Iheep and goats. They have but few black
cattle, Hill fewer camels, and a very few fmall 1 orfes,
The valleys are dry and fandy, yet they produce a
fmall quantity of wheat and barley. This iiland was
frit difcovered in 1417. In 1596 it was taken by the
Englilli under the command of the earl of Cumber¬
land } after which it was better fortified than before.
There is in this ifland a city called alfo Lancerota.
which, at the time the earl of Cumberland was there,
confided only of about 100 houfes, all poor buildings,
generally of one dory, and covered with reeds or draw
laid upon a few rafters, and over all a coat of dirt
hardened by the fun. There was alfo a church which
had no windows in it, and was fupplied with light only
by the door.
LANCIANO, a confiderable town of Italy, in the
kingdom of Naples, and in the Hither Abruzzo, with
an archbilhop’s fee; famous for its fairs, which are
held in July and Augud. It is feated on the river
Feltrino near that of Sangor. E. Long. 15. 5. N.
Lat. 42. 1 2.
LANCISI, John Marca, an eminent Italian phy-
fician, was born at Rome in 1654. From his earlied
years he had a turn to natural hidory •, and dudied
botany, chemidry, anatomy, and medicine, vvirh great
vigour. In 1688 Pope Innocent XL appointed him
his phyfician and private chamberlain, notwithdanding
his youth 5 and Cardinal Altieri Camerlinga made him
his vicar for the indallation of dodfors in phyfic, which
Pope Clement XL gave him as long as he lived, as
well as continued to him the appointments conferred
on him by his predeceffor. He died in 1710, after
giving his fine library of more than 20,000 volumes to
the hofpital of the Holy Ghod for the ufe of the public.
This noble benefaction was opened in 1716, in the
prefence of the pope and mod of the cardinals. He
wrote many works which are edeemed, the principal of
which were colledled together, and printed at Geneva
in 171 8, in two volumes quarto.
LAND, in a general fenfe, denotes terra jirma, as
didinguilhed from fea.
Land, in a limited fenfe, denotes arable ground.
See Agriculture.
Land, in the fea language, makes part of feveral
coin-pound terms •, thus, land-laid, or, to lay the land,
is jud to lofe fight of it. Land-locked, is when land
lies all round the dnp, fo that no point of the com-
pafs is open to the fea. If fl)e is at anchor in fuch a
place, (he is faid to ride land-locked, and is therefore
concluded to ride fafe from the violence of the winds
and tides. Land-mark, any mountain, rock, deeple,
tree, &c. that may ferve to make the land known at
fea. Land is J\ut in, a term ufed to fignify that an¬
other point of land hinders the fight of that from
which the dnp came. Land to, or the drip lies land-
to; that is, die is fo far from (hore, than it can only
md be difcerned. Land-turn is a wind that in almod
-- all hot countries blows at certain times from the (hore
in the nighu To Jet the landi that is, to fee by the
compafs how it bears.
Land Tax, one of the annual taxes raifed upon the
fubjedt. See Tax.
The land tax, in its modern drape has fuperfeded
all the former methods of rating either property or
perfons in refpedt of their property, whether by tenths
or fifteenths, fubfidies on land, hydages, fcutages, or
talliages : a diort explication of which will, however,
greatly affid us in underdanding our ancient laws and
hidory.
Tenths and fifteenths were temporary aids ilfuing
out of perfonal property, and granted to the king by
parliament. They were formerly the real tenth or-
fifteenth part of all the moveables belonging to the
fubjedb ; when fuch moveables, or perfonal edates,
were a very different and a much lefs confiderable
thing than what they ufually are at this day. Tenths
are faid to have been fird granted under Henry II.
who took advantage of this fafiiionable zeal for croi-
fades to introduce this new taxation, in order to de¬
fray the expence of a pious expedition to Paledine,
which he really or feemingly had projected againd Sa-
ladine emperor of the Saracens, wlience it was origi¬
nally denominated the Saladine tenth. But afterwards
fifteenths were more ufually granted than tenths.
Originally the amount of thefe taxes was uncertain,
being levied by affeffments new made at every freih
grant of the commons, a commidion for which is pre-
ferved by Matthew Paris : but it was at length redu¬
ced to a certainty in the eighth year of Edward III.
when, by virtue of the king’s commidion, new' taxa¬
tions w'ere made of every towndrip, borough, and city
in the kingdom, and recorded in the exchequer; which
rate was, at that time, the fifteenth part of the value of
every towmlhip, the whole amounting to about 29,000!.
and therefore it dill kept up the name of a fifteenth,
when, by the alteration of the value of money and the
increafe of perfonal property, things came to be in a
very different fituation. So that when, of later years,
the commons granted the king a fifteenth, every parilh
in England immediately knew their proportion of it;
that is, the fame identical fum that was affeffed by
the fame aid in the eighth of Edward III. ; and then
raifed it by a rate among themfelves, and returned it
into the royal exchequer.
The other ancient levies were in the nature of a mo¬
dern land tax : for we may trace up the original of
that charge as high as to the introduftion of our mili¬
tary tenures; when every tenant of a knight’s fee was
bound, if called upon, to attend the king in his army
for 40 days in every year. But this perfonal attend¬
ance growing troublefome in many refpe&s, the te¬
nants found means of compounding for it, by fird
fending others in their dead, and in procefs of time by
making a pecuniary fatisfaftion to the crown in lieu of
it. This pecuniary fatisfa&ion at lad came to be levied
by affeffments, at fo much for every knight’s fee, under
the name of fcutages; which appear to have been
levied for the fird time in the fifth year of Henry II.
on account of his expedition to Touloufe, and were
then (Sir Wm. Blackdone apprehends) mere arbitrary
compofitions, as the king and the fubjed could agree.
But this precedent being afterw'ards abufed into a means
oi
Land.
LAN [ 509 ] LAN
Land, of oppreflion (by levying fcutages on the landholders
■""Y-—' by the king’s authority only, whenever our kings went
to war, in order to hire mercenary troops and pay their
contingent expences), it became thereupon a matter of
national complaint ; and King John was obliged to
promile, in his magna char la, that no fcutage {ho,uld be
impofed without the confent of the common council of
the realm.
Of the fame nature with fcutages upon knights fees
were the affeffments of hydage upon all other lands,
and of talliage upon cities and boroughs. But they all
gradually fell into difufe, upon the introduftion of
fubfidies, about the time of King Richard II, and
King Henry IV. Thefe were a tax, not immediately
impofed upon property, but upon perfons in refpedt of
their reputed etlates, after the nominal rate of 4s. in
the pound for lands, and 2«. 6d. for goods ■, and for
thofe of aliens in a double proportion. But this aflefs-
ment was alfo made according to an ancient valuation
wherein the eomputatibn was fo very moderate, and the
rental of the kingdom was fuppofed to be fo exceeding
low, that one fubfidy of this fort did not, according
to Sir Edward Coke, amount to more than 70,000!.
whereas a moderate land tax at the fame rate produces
two millions. It was anciently the rule never to grant
more than one fublidy and two fifteenths at a time :
but this rule was broke through for the firft time on a
very preflmg occalion, the Spanilh invafion in 1588;
when the parliament gave Queen Elizabeth two fubfi¬
dies and four-fifteenths. Afterwards, as money funk
in value, more fubfidies were given ; and we have an
inftance, in the firlt parliament of 1640, of the king’s
defiring 12 fubfidies of the commons, to be levied in
three years ; which was looked upon as a ftartling pro-
pofal; though Lord Clarendon tells us, that the fpeak-
er, Serjeant Glanville, made it manifeft to the houfe,
how very inconfiderable a fum 12 fubfidies amounted
to, by telling them he had computed what he was to
pay for them : and when he named the fum, he being
known to be poffeffed of a great eftate, it feemed not
worth any farther deliberation. And, indeed, upon
calculation, we (hall find, that the total amount of
theie 1 2 fubfidies, to be raifed in three years, is lefs
than what is now raifed in one year by a land tax of
2S. in the pound.
The grant of fcutages, talliages, or fubfidies by the
commons, did not extend to fpiritual preferments 4
tho(e being ufually taxed at the fame time by the
clergy themfelves in convocation : which grants of the
clergy were confirmed in parliament ; otherwife they
were illegal, and not binding-, as the fame.noble writer
oblerves of the fubfidies granted by the convoca¬
tion, which continued fitting after the diflblution of
the firft parliament in 1640. A fubfidy granted by
the clergy was after the rate of 4s. in the pound, ac¬
cording to the valuation of their livings in the king’s
books •, and amounted, Sir Edward CokQ tells us, to
about 20,ocol. While this cullom continued, con¬
vocations were wmnt to fit as frequently as parlia¬
ments ; but the laft fubfidies, thus given by the cler¬
gy, were thofe confirmed by ffatute 1 9 Car. II. c. 10.
fince which another method of taxation has generally
prevailed, which takes in the clergy as well as the lai¬
ty: in recompenfe for which, the ben ficed clergy have
from that period been allowed to vote at the election
of knights of the (hire ; and thenceforward alfo the Land.
praftice of giving ecclefiaftical fublklies hath fallen into
total difufe.
The lay fubfidy was ufually raifed by commiffioners
appointed by the crown, or the great officers of flate :
and therefore in the beginning of the civil wrars be¬
tween Charles I. and his parliament, the latter having
no other fufficient revenue to fupport themfelves and
their meafures, introduced the praclice of laying
weekly and monthly affeiTments of a fpecific fum upon
the feveral counties of the kingdom ; to be levied by
a pound rate on lands and perfonal eftates: which
were occasionally continued during the whole ufurpa-
tion, fometimes at the rate of 120,000!. a month,
fometimes at inferior rates. After the Reftoration, the
ancient method of granting fubfidies, inftead of fuch
monthly afleffments, was twice, and twice only, re¬
newed j viz. in 1663, when four fubfidies w^ere granted
by the temporality and four by the clergy j and in
1670, when 8oo,oool. was raifed by w-ay of fubfidy,
which was the lall time of raffing fupplies in that
manner. For the monthly afleffments being now
eflablilhed by cuftom, being raifed by commiffioners
named by parliament, and producing a more certain
revenue j from that time forwards we hear no more of
fubfidies, but occafional affeffments were granted as the
national emergencies required. Thefe periodical af¬
feffments, the fubfidies which preceded them, and the
more ancient fcutage, hydage, and talliage, were to
all intents and purpofes a land tax : and the affeffments
were fometimes exprefsly called fo. Yet a popular
opinion has prevailed, that the land tax was firft in¬
troduced in the reign of King William III.; becaufe
in the year 1692 a new affeffment or valuation of
eftates was made throughout the kingdom : which,
though by no means a perfect one, had this effect,
that a fupply of 500,000!. was equal to is. in the
pound of the value of eftates given in. And, accord¬
ing to this enhanced valuation, from the year 1693 to
the prefent, a period of near a century, the land tax
has continued an annual charge upon the fubjedt ;
about half the time at 4s. in the pound, fometimes at
3s. fometimes at 2s. twice at is. but without any total '
intermiffion. The medium has been 3s. 3d. in the
pound ; being equivalent to 23 ancient fubfidies, and
amounting annually to more than a million and a half
of money. The method of raifing it is by charging a
particular fum upon each county, according to the va¬
luation^ given in, A. D. 1692 ; and this fum is affeffed
and raifed upon individuals (their perfonal eftate, as
well as real, being liable thereto) by commiffioners ap¬
pointed in the add, being the principal landholders in
the county and their officers.
An add paffes annually for the raifing in general,
2,037.627!. 9s- ioid. by the above laid tax at 4s.
in the pound ; whereof there (hall be raifed in the le-
veral counties in England, according to the propor¬
tions expreffed in the add, 1,989,673k 7s. lo^d.;
and in Scotland, 47,954k is. 2d. by an eight months
cefs of 5994k 5s. l|d. per rnenfem, to be raifed out of
the land rent, and to be paid at four terms, as fpecified
in the add, by two months amount each time.
Land Waiter, an officer of the cuftomhoufe, whofe
duty is, upon landing any merchandife, to examine,
tafte, weigh, meafure them, &c. and to take an account
thereof). •
LAN [ 51
Landaft' thereof. In fome ports they alfo execute the office of
li a coaft waiter. They are likewife occafionally ftyled
Landea. fearc]iers^ and are to attend and join with the patent
~”"V fearcher in the execution of ail cockets for the fliip-
ping of goods to be exported to foreign parts ^ and in
cafes where drawbacks on bounties are to be paid to
the merchant on the exportation of any goods, they,
as well as the patent fearchers, are to certify the dip¬
ping thereof on the debentures.
LANDAFF, a town or village of Glamorganfhire
in South Wales, with a bifhop^s fee, and on that ac¬
count has the title of a city. It is feated upon an
afeent on the over Faff, or Pave, near Cardiff} but
the cathedral, ftands on a low ground, and is a large
ffately building. The original flru&ure was built
about the beginning of the rtith century. The build-
sno- now ufed as the cathedral includes part of the
body of the ancient one •, but is in other refpedfs as
modern as the prefent century, about the middle of
which the old church underwent fuch reparation as
was almoft equivalent to rebuilding. Fne ruins are
at the weft end of the modern church, and confift of
the original weftern door-way, and part of the north
and fouth Tides. The arch over the door is circular,
and has a well carved epifcopal ftatue immediately
over it. On the upper part of the front under which this
door ftands is a whole length figure of the Virgin Mary,
with a crofs on the apex of the building. In this
front are two rows of neat pointed arches for win¬
dows •, and on the north and fouth fides above men¬
tioned are two circular door-cafes half funk in the
earth. Thefe ruins exhibit an afpeft very different
from the prefent cathedral, the new' part of which the
■architect formed principally on the Roman model,
without confidering how incongruous this ftyte of
archite£ture is with the plan purfued in the ancient
part.— Landaff is a place of but fmall extent, and
has no market. It is a port town, however, and car¬
ries on a good trade, as it has a very tolerable harbour
that opens into the river Severn about four miles di-
fiant. The ruins of the biftiop’s palace (how it to
have been caftellated. It w7as built in 1120, and was
deftroyed by Henry iy. W. Long. 3. 20. N. Lat.
s1 do*
LANDAU, an ancient, handfeme, and very ftrong
town of France, in Lower Alface. It was formerly
imperial, and belonged to Germany, till the treaty of
Munfter, when it was given up to France. It is feated
on the river Zurich, in a pleafant fertile country. It
was feverely bombarded by the allies in 1793’ but:
were obliged to raife the fiege. E. Long. 8. 12. N.
Lat. 49. 12.
LANDEN, a town of the Auftrian Netherlands,
in Brabant, famous for a battle gained over the French
by the allies, in July 1693, when 20,000 men were
killed. It is feated on the river Beck, in E. Long.
5. 5. N. Lat. ,-2. 45.
LANDEN, 'john, F. R. S. an eminent mathema¬
tician, was born at Peakirk, near Peterborosgh in
Northamptonftiire, in January 1719. He became very
early a proficient in the mathematics, for w7e find him
a very refpeftable contributor to the Ladies Diary in
1744 ; and he was foon among the foremoft of thofe
who then contributed to the fupport of that fmall but
valuable publication, in which almoft every Enghfti ma-
3
o ] LAN
thematician, who has arrived at any degree of eminence
for the laft half century, has contended for fame at one
time of his life or other. Mr Landen continued his
contributions to it at times, and under one fignature or
other, till within a few years of his death.
It has been frequently obferved, that the hiftories of
literary men confift chiedy of a hiitory of their writings,
and the obfervation was never more fully verified than
it will be in this article concerning Mr Landen.
In, the 48th volume of the Philofophical Tranfa&ions
for the year 1754, Mr Landen gave “ An inveftigation
of fome theorems which fuggeft feveral very remark¬
able properties of the circle, and are at the fame time
of confiderable ufc in refolving fraftions, the denomi¬
nators of which are certain multinomicils, into more
(imple ones, and by that means facilitate the compu¬
tation of fluents.” This ingenious paper was handed
to the Society by that eminent mathematician the late
Thomas Simpfon of Woolwich ; a circumftance which
will convey to thofe who are not themfelves judges of
it fome idea of its merit. In the year 1755, he pub-
lilhed a volume of about 160 pages, entitled “ Mathe¬
matical Lucubrations.” The title to this publication
wTas made choice of as a means of informing the world,
that the fludy of the mathematics was at that time
rather the purfuit of his leifure hours than his princi¬
pal employment ■, and indeed it continued to be fo the
greatell part of his life, for about the year 1762 he was
appointed agent to the right honourable the earl Fitz-
william, and refigned that employment only two years
before his death. Had it been otherwife, it Teems
highly probable he would have extended his refearches
in the mathematics, to which he was mod ertthuflafti-
cally devoted, much farther than any other perfon has
done. His lucubrations contain a variety of tra&s re¬
lative to the reilification of curve lines, the fumma-
tion of feries, the finding of fluents, and many other
points in the higher parts of the mathematics. About
the latter end of the year 1757, or the beginning of
1758, he publifhed propofals for printing by fubferip-
tion “ The Refidual Analyfis, a new branch of the Al¬
gebraic art and in 1758 he publilhed a fmall tradft
in quarto, entitled “ A Difcourfe on the Refidual
Analyfis,” in which he refolvcd a variety of problems,
to which the method of fluxions had been ufually
applied by a mode of reafoning entirely new j com¬
pared thofe folutions with folutions of the fame pro¬
blems, invefligated by the fluxionary method j and
(bowed that the folutions by his new method were, in
general, more natural and elegant than the fluxionary
Landes,
ones.
In the 51 fl volume ot the Pbilofophical Tranfattions
for the year 1760, he gave “ A new method of com¬
puting the fums of a great number of infinite feries.*
This paper was alfo prefented to the fociety by his in¬
genious friend the late Mr Thomas Simpfon. In
1^74, he publiftied the firft book of “ The Refidual
Analyfis,” in a qto volume of 218 pages, with feveral
copperplates. In this treatife, befides explaining
the principles which his new analyfis was founded
on, he applied it to drawing tangents and finding the
properties of curve lines •, to deferibing their involutes
and evolutes, finding the radius of curvature, their
greateft and leaft ordinates, and points of contrary
Jluxure } to the determination of their cufps, and the
drawing
X A N [ 511 ] LAN
Landen. drawing of aflymptotes: and he propofed in a fecond
bock to extend the application of this new analyfis to
a great variety of mechanical and phyfical fubje£ls.
The papers which were to have formed this book lay
long by him 5 but he never found leifure to put them
in order for the prefs.
On the 16th of January 1766, Mr Landen was elected
a fellow of the Royal Society, and admitted on the 24th
of April following. In the 58th volume of the Philo-
fopbical Tranfa£tions for the year 1768, he gave a
“ Specimen of a new method of comparing curvilineal
areas •, by means of which many areas are compared, that
did not appear to be comparable by any other method j”
a circumftance of no fmall importance in that part of
natural philofophy w'hich relates to the doctrine of
motion. In the 60th volume of the fame work .for
the year 1770, be gave “ Some new theorems for
computing the whole areas of curve lines, where the
ordinates are expreffed by fractions of a certain form,”
in a more concife and elegant manner than had been
done by Cotes, De Moivre, and others who had con-
lidered the fubjedt before him. In the 61 ft volume
for 1771, he has inveftigated feveral new and ufeful
theorems for computing certain fluents, which are af-
fignable by arcs of the conic fedtions. This fubjedt
had been confidered before both by Mr Maclaurin
and M. d’Alembert ; but fome of the theorems
wrhich were given by thefe celebrated mathematicians,
being in part exprelfed by the difference between an
arc of a hyperbola and its tangent, and that dif¬
ference being not diredlly attainable wTben the arc
and its tangent both become infinite, as they will do
when the whole fluent is wanted, although fuch fluent
be finite ; thefe theorems therefore fail in thofe cafes,
and the computation becomes impradticable without
farther help. This defedt Mr Landen has removed
by affigning the /imit of the difference between the hy¬
perbolic arc and its tangent, while the point of con-
tadl is fuppofed to be removed to an infinite diftance
from the vertex of the curve. And he concludes the
paper with a curious and remarkable property relating
to pendulous bodies, which is deducible from thofe
theorems. In the fame year he publiftied, “ Animad-
verfions on Dr Stewart’s computation of the fun’s
diftance from the earth.”
In the 65th volume of the Philofophical Tranfac-
tions for I775> gave the inveftigation of a general
theorem, which he had promifed in 1771, for finding
the length of any arc of a conic hyperbola by means of
two elliptic arcs ; and obferves, that by the theorems
there inveftigated, both the elaftic curve and the curve
of equable recefs from a given point, may be con-
lirudled in thofe cafes where Mr Maclaurin’s elegant
method fails. In the 67th volume for 1777, he gave
“ A new theory of the motion of bodies revolving
about an axis in free fpace, when that motion is di-
fturbed by fome extraneous force, either percuiiive or
accelerative.” At this time he did not know that the
fubjedt had been handled by any perfon before him y
and he confidered only the motion of a fphere’s fphe-
roid and cylinder. The publication of this paper,
however, was the caufe of his being told, that the doc¬
trine of rotatory motion had been confidered by M.
d’Alembert ; and purchafing that author’s Opufcules
Mathematiques, he there learned that M, d’Alembert
was not the only one who had confidered the matter
before him ; for M. d’Alembert there fpeaks of fome
mathematician, though he does not mention his name,
who, after reading what had been written on the fub-
jedl, doubted whether there be any folid whatever,
befides the fphere, in which any line, paffing through
its centre of gravity, will be a permanent axis of rota¬
tion. In confequence of this, Mr Landen took up
the fubjeeft again ; and though he did not the ngive a
folution to the general problem, viz. “ To determine
the motions of a body of any form whatever, revolving
without reftraint about any axis pafling through its
centre of gravity,” he fully removed every doubt of
the kind which had been ftarted by the perfon alluded
to by M. d’Alembert, and pointed out feveral bodies,
which, under certain dimenfions, have that remarkable
property. This paper is given, among many others
equally curious, in a volume of Memoirs which he pub-
lilhed in the year 1780. But what renders that vo¬
lume yet more valuable, is a very extenfive appendix,
containing “ Theorems for the calculation of fluents.”
The tables which contain thefe theorems are more
complete and extenfive than any which are to be found
in any other author, and are chiefly of his-own invefti-
gating j being fuch as had occurred to him in the
courfe of a long and curious application to mathemati¬
cal ftudies in almoft every branch of thofe fciences. In
1781, 1782, and 1783, he publiftied three little tradls
on the fummation of converging feries, in which he ex¬
plained and {flowed the extent of fome theorems which
had been given for that purpofe by M. de Moivre,
Mr Sterling, and his old friend Thomas Simpfon, in
anfwer to fome things which he thought had been
written to the difparagement of thofe excellent ma-*
thematicians. It wTas the opinion of fome, that Mr
Landen did not ftiow lefs mathematical {kill in explain¬
ing and illuftrating thefe theorems* than he has done
in his writings on original fubjetfts; and that the au¬
thors of them were as little aware of the extent of their
own theorems as the reft of the world wTere before Mr
Landen’s ingenuity made it obvious to all.
About the beginning of the year 1782, Mr Landen
had made fuch improvements in his theory of rotatory
motion, as enabled him, he thought, to give a folution
of the general problem fpecified above ; but finding the
refult of it to differ very materially from the refult of
the folution which had been given of it by M. d’A¬
lembert, and being not able to fee clearly w’here that
gentleman had erred, he did not venture to make his
own folution public. In the courfe of that year, hav¬
ing procured the Memoirs of the Berlin Academy for
1757, which contain M. Euler’s folution of the pro¬
blem, he found that this gentleman’s folution gave the
fame refult as had been deduced by M. d’Alembert 5
but the perlpicuity. of M. Euler’s manner of writing
enabled him to difeover where he had erred, which
the obfeurity of the other did not do. The agreement,
however, of two writers of fuch eftablilhed reputation
as M. Euler and M. d’Alembert made him long du¬
bious of the truth of his own folution, and induced
him to revife the procefs again and again with the ut-
moft circumfpedlion } and being every time more con¬
vinced that his own folution was right and theirs
wrong, he at length gave it to the public in the 75th
volume of the Philofophical Tran factions for 178$.
The .
Lanc’en.
LAN [ Si2 ] LA N'
The extreme difficulty of the fubje&, joined to the
conciie manner in which Mr Landen had been obliged
to give his folution in order to confine it within pro¬
per limits for the Tranfa&ions, rendered it too difficult,
cr at lealt too laborious, a piece of bufmefs for mod
mathematicians to read it; and this circumltance, join¬
ed to the ellablilhed reputation of Euler, induced many
to think that his folution tvas right and Mr Landen’s
wrong j and there did not want attempts to prove it.
Eut not with handing thefe attempts were manifeilly
wrong, and that every one who perufed them faw it,
they convinced Mr Landen that there u’as a neceffity
for giving his folution at greater length, in order to
render it more generally underilood. About this time
alfo he met by chance with the late P. Frifi’s Cofmo-
graph up Physical et Mathematical / in the fecond part
of which there is a folution of this problem, agreeing in
the refult with thofe of M. Euler and D’Alembert,
which is not furprifing, as P. Frifi employs the fame
principle that they did. Here Mr Landen learned
that M. Euler had revifed the folution wrhich he had
given formerly in the Berlin Memoirs, and given it
another form and a greater length in a volume pub-
liffied at Grvphifwell in 1765, entitled Theoria Motus
cor[>orum foLdorum feu rigidorum. Having therefore
procured this book, Mr Landen found the fame prin¬
ciples employed in it, and of courfe the fame conclufion
refulting from them that he had found in Mr Euler’s
former folution of the problems : but as the reafoning
was given at greater length, he w^as enabled to fee
more diftin&ly how M. Euler had been led into the
miftake, and to fet that miftake in a {Longer point of
view. As he has been convinced of the neceffity of
explaining his ideas on the fubjedt more fully, fo he
trow found it neceffary to lofe no time in fetting about
it. He had for feveral years been feverely afflidled
with the done in the bladder, and toward the latter
part of his life to fuch a degree as to be confined to his
bed for more than a month at a time : yet even this
dreadful diforder did not abate his ardour for mathe¬
matical ftudies j for the fecond volume of his Memoirs,
juft now publiffied, was written and revifed during the
intervals of his diforder. This volume, befides a folu¬
tion of the general problem concerning rotatory mo¬
tion, contains the refolution of the problem concerning
the motion of a top *, an inveftigation of the motion of
the equinoxes, in which Mr Landen has firft of any
one pointed out the caufe of Sir Ifaac Newton’s mif¬
take in his folution of this celebrated problem } and
fome other papers of confiderable importance. He
juft lived to fee this work finiffied, and received a copy
of it the day before his death, which happened on the
15th of January 1790, at Milton, near Peterborough,
in the 71ft year of his age.
LANDERNEAU, a town of France, in Lower
Bretagne, now the department of Finifterre, feated on
the river Elhorn, 20 miles eaft of Breft. In an
inn here is a well which ebbs and flows like the fea,
but at contrary times. E. Long. 4. 13. N. Lat.
48. 25.
LANDGRAVE, (formed of the German land,
“ earth,” and grajf, or grave, “ judge” or “ count”) 5
a name formerly given to thofe who executed juftice
in behalf of the emperors, with regard to the internal
policy of the country. The title does not feem to
1
have been ufed before the nth century. Thefe judges Langravk
were firft appointed within a certain diftrift of Ger- ale
many : in procefs of time the title became hereditary, Lan|.ilu.
and thefe judges affumed the fovereigrity of the feveral ■ ■ - ‘
diftridls or counties over which they prefided. Land¬
grave is now applied by wray of eminence to thofe fo-
vereign princes of the empire who poflefs by inheritance
certain eftates called landgravates, and of which they
receive the inveftiture of the emperor. There are four
princes who have this title, viz. thofe of Thuringia^
Heffia, Alface, and Leuchtemberg. There are alfo
other landgraves, who are not princes but counts of the
empire. See Count.
LANDGRAVIATE, or Landgravate, the of¬
fice, authority, jurifdi&ion, or territory of a land¬
grave
LANDGUARD fort feems to belong to Suffolk,
but is in the limits of Effex, and has a fine profpedt of
the coafts of both counties. It was erefled, and is
maintained, for the defence of the port of Harwich
over again ft it j for it commands the entry of it from
the fea up the Maningtree water, and wdll reach any
{hip that goes in or out. It is placed on a point of
land fo furrounded with the fea at high w7ater, that it
looks like a little ifland at leaft one mile from the ftiore.
The making-its foundation folid enough for fo good a
fortification coft many years labour and a prodigious
expence. It wras built in the reign of King James I.
wffien it wyas a much more confiderable fortification
that now7, having four baftions mounted w7ith 60 very
large guns, particularly thofe on the royal baftion,
which would throw' a 28 pound ball over Harwich.
Here is a fmall garrifon, with a governor, and a plat¬
form of guns. This fort is refitted and greatly en¬
larged for the conveniency of the officers of ordnance,
engineers, and matroffes ; and a barrack built for the
foldiers.
LANDISFARN, or Lindesfarn. See Holy-
IJland.
LANDRECY, a town of the French Netherlands,
in Hainault, ceded to France by the treaty of the
Pyrenees, and is now very well fortified. It w7as be-
fieged by Prince Eugene in 1712, but to no purpofe.
It was taken by the allies in April 1794, but retaken
in July following. It is feated in a plain on the river
Sambre, in E. Long. 3. 47. N. Lat. 50. 7.
LANDSCAPE, in painting, the view or profpeft
of a country extended as far as the eye will reach.
See Painting and Drawing.
LANDSCROON, a fea port town of Sweden, in
South Gothland, and territory of Schonen, feated on
the Baltic fea, within the Sound, 22 miles north of
Copenhagen. E Long. 14. 20. N. Lat. 55. 42.
L ANSDOWNE, a town in Somerfetftiire, near
Bath, where there is a fair in 0£lober for cattle and
cheefe.
LANDSHUT, a ftrong town of Germany in
Lowrer Bavaria, with a ftrong caftle on an adjacent
hill. It is feated on the river Ifer, E. Long. 12. 10.
N Lat. 48 23. There is another fmall towrn of the
fame name in Silefia, and in the duchy of Schweidnitz,
feated on the river Zeider, wffiich falls into the Bauber:
and there is alfo another in Moravia, feated on the
river Morave, on the confines of Hungary and Auf-
tria.
LANDSLIP.
I/andflu’p,
Larerk-
fhiie.
LAN [5
LANDSKIP. See Landscape.
LANERKSHIRE, or Lanarkshire, a county of
„ Scotland, called alfo Clyde/dale, from the river Clyde
by which it is watered. It is bounded on the north by
the county of Dumbarton j on the eaft by Stirling,
Linlithgow, Edinburgh, and Peebles, (hires j on the
fouth by Dumfries; and on the weft by Ayr and Ren¬
frew {hires. Its extent from north to fouth is about
40 miles, from eaft to weft 36.-—The river Clyde, de-
fcending from the fouthern part of this county, divides
it into two almoft equal parts ; and after a courfe of
about 50 miles, meets the tide a little below Glafgow ;
(fee Glasgow). Proceeding up the river from Glaf¬
gow, the country is rich and w*ell cultivated. Bothwell
caftle, nowr in ruins, ftands on an eminence wdiich over¬
looks the Clyde. Some of its walls are ftill remaining,
which meafure 15 feet in thicknefs and 60 feet in
height. Between this caftle and the priory of Blan-
tyre on the oppofite fide of the Clyde, there is faid to
have been in ancient times a fubterraneous paflage un¬
der the river. A little above ftands Bothwell bridge,
noted for the defeat of the Covenanters by the duke of
Monmouth in 1679.—Eaft from Bothw'ell caftle, in an
elevated fituation, ftands the Kirk of Shotts, amid a
wild and barren country. This dreary wafte is cover¬
ed with heath $ and though a high fituation, is flat, and
very marftiy in many places. It is chiefly employed
as ftieep walks; and notwithftanding the vicinity of
coal and lime, feems fcarce capable of cultivation.
This want is, however, compenfated by the abundance
rif iron ftone and coal, which are here brought toge¬
ther by the hand of nature. Nor is this advantage
confined to the barren traft in the north-eaft corner
of the (hire. The whole county abounds with thefe
valuable minerals; and two iron works are eredled on
the banks of the Clyde, one a little above Glafgow,
and another at Cleland near Hamilton. But the moft
confiderable wmrk of this kind in the county is that of
Cleugh, a few miles fouth-eaft from the Kirk of Shotts.
A village is here built for the accommodation of the
workmen. It is called Wilfontovm from the name of
the proprietors. There are befide thefe, two other
iron wmrks in this county, one on the banks of the
\Cadder near Airdrie, and the other at Shotts.—The
fmall borough of Lanerk is fituated on the brow of a
hill, on the north-eaft fide of the Clyde, commanding
a fine profpeft over the river. In this neighbourhood
are fome of the greateft cotton manufa<ftories in Scot¬
land. The Clyde near this place runs for feveral miles
between high rocks covered with woods j and in its
courfe exhibits many aftonilhing catarafts : (fee the
article Clyde).—From Lanerk, palling the village of
Carftairs, a few miles to the eaft we meet the fmall
town of Carnwath. In this neighbourhood, and along
the Clyde to the fouth-eaft, there is much cultivation
and rich pafture.—To the fouth of Carnwath is the town
of Biggar •, where is feen the ruin of a collegiate
church founded in 1545.—The lands about the vil¬
lages of Coulter and Lammington are fertile 5 but
farther up the Clyde we meet with nothing but
fheep walks and pafture grounds in tracing it to its
fource.
In the fouthern part of the (hire, generally called
Clydefdale, the country is not lefs wild. Among the
mountains here, or rather in a hollow near their futn-
Vot. XL Part JI.
13 ] LAN
mit, we meet with the village of Leadhills, by fome
faid to be the higheft human habitation in the iiland ,
of Great Britain. Here, however, refide many hun¬
dreds of miners with their families. Thefe miners,
though in a great meafure excluded from fociety by
their fituation, yet not only find means to procure a
comfortable fubfiftence, but alfo pay more attention to
the cultivation of the mind than many of their coun¬
trymen fituated feemingly in more favourable circum-
ftances for the attainment of knowledge. As an evi¬
dence of this, they are very intelligent, and have pro¬
vided a circulating library for the inftruflion and
amufement of the little community belonging to the
village.—Amid thefe mountains particles of gold have
fometimes been found wafhed down by the rains and
ftreams of watery but this defert traft is chiefly va¬
luable for producing metals of inferior worth. “ No¬
thing (fays Mr Pennant) can equal the gloomy appear¬
ance of the country round. Neither tree, nor fhrub,
nor verdure, nor pidturefque rock, appear to amufe the
eye. The fpeftator muft plunge into the bowels of thefe
mountains for entertainment.” The veins of lead lie
moftly north and fouth •, and their thicknefs varies from
a few inches to 20 inches and two feet. At'one place
the Sufannah vein (the richeft ever difcovered at Lead-
hills) fwelled out to the extraordinary thicknefs of 14
feet. Some have been found filled with ore within two
fathoms of the furface •, others fink to the depth of 90
fathoms. The earl of Hopeton, the proprietor, has in
his poffeflion a folid mafs of lead ore from thefe mines
weighing five tons. His lordftiip has alfo, it is faid,
a piece of native gold that weighs two ounces, which
was found here. The lead fmelted at this place is all
lent to Leith, where it has the privilege of being ex¬
ported free of duty. The fcanty pafture afforded by
this barren region feeds fome ftieep and cattle ; but
thofe in the neighbourhood of the mines fometimes
perifti by drinking of the water in which the lead ore
has been waftied : for the lead ore communicates a
deleterious quality to the wTater, though that liquid
acquires no hurtful taint from remaining in leaden pipes
or cifterns. North from this mountainous region lies
Crawfford muir.
About nine miles north of Leadhills, on the eaft
fide of the fmall river Douglas, which falls into the
Clyde a few miles belowq ftands Douglas caftle, for
many ages the refidence of the fecond family in Scot¬
land. A modern building has been erected on the
fame fite, in imitation of the ancient caftle. Near it
ftands the town of Douglas. A few miles to the
north-eaft is Tinto, a remarkable conic mountain,
round the bafe of which the Clyde makes a noble
fweep. Weftward, beyond Douglas, the river Nethan
defcends into the Clyde through the populous parifti
of Lefmahago.—Hamilton houfe, the feat of the duke
of Hamilton, ftands in a plain between the rivers Clyde
and Avon. It is a magnificent ftrufture, furrounded
by many venerable oaks. In the vicinity is the town
of Hamilton, wdiich contains many handfome houfes :
(fee Hamilton). Here are feen the ruins of a colle¬
giate church, founded in 1451. At a little diftance
from Hamilton houfe is an elegant appendage to it,
called Chatelherault, the name of the ancient pofieffions
held by the family in France. This building is feated
On the river Avon, and is furrounded by woods and
3 ^ deep
Lanerk-
Ihire.
LAN [51
I.anerk- deep dells, a fid every rural beauty that can produce a
L^idbo P^ea^inS effedt on the imagination.—On the weft of
ronn-'b Hamilton is the little town of Kilbride ; and to the
——fouth that of Strathaven, furrounded by the fertile
traft from which it derives its name. In our way from
Hamilton to Glafgow we meet with the ancient bo¬
rough of Rutherglen, inhabited chiefly by weavers and
other manufacturers : and the village of Govan ftands
on the fame fide of the river on the road from Glafgow
to Renfrew.
The population of this county in 1801 amounted to
147,796 5 but as it is ftated in the Statiftical Hiftory,
according to its parilhes, it is the following :
Parijhes.
I Avendale
Biggar
Blantyre
Bothwell
5 Cadder
Cambuflang
Cambufnethan
Carluke
Carmichael
10 Carmunnock
Carnwath
Carftairs
Covington
Crawford
15 Crawford John
Culter
Dalferf
Dalziel
Dolphington
20 Douglas
Dunfyre
Glasford
Glafgow 7
Do. Barony J
25 Gorbals")
Govan ^
Hamilton
Kilbride
Lamington
30 Lanark
Lefmahago
Libberton
Monkland, New
Monkland, Old
Pettinain
Robertoun
Rutherglen
Shotts
Stonehoufe
40 Symington
41 Walfton
Population
in ^SS-
8551
1 098
496
1561
2396
934
1419
M59
899
471
2390
845
521
2009
765
422
765
351
302
2009
359
559
27ASl
4389
3815
2029
599
2294
3996
738
27J3
1813
33°
1 i 02
988
2322
823
264
478
81,726
Population in
I79c_t793.
3343
937
1040
2707
1767
1288
1684
1730
781
570
2000
924
484
1490
590
326
1100
478
200
1715
360
788
58,4c1
9066
5OI7
2359
4‘7
4751
2810
750
356°
4000
386
740
1860
2041
ic6o
3C7
427
125,254
81,726
Increafe 43,528
LANESBOROUGH, a borough town of Ireland,
in the county of Longford and province of Leinfter,
fituated on the river Shannon, 62 miles from Dublin.
4 ] LAN
This town gave title of vifeount to the family of Lane, L nfranc
and now gives title of carl to that of Butler. There is ii
a bridge over the Shannon at Lanefborough into theLani^la',c!’,
county of Rofcommon. N. Lat. 53.40. W. Long. 8. 6. ^
LANFRANC, an Italian, born at Pavia, became
archbifhop of Canterbury in 1070. He difputed againft
Berengarius in the council held at Rome in 1059, an(^
wrote againft him concerning the real prefence in the
eucharift. He had other difputes, &c. and died in
1089.
Lanfraxc, John, an eminent Italian hiflory paint¬
er, born at Parma in 1581. He was firft the dilciple
of Auguftin Caracci j and, after his death, of Hanni¬
bal, whofe tafte in defign and colouring he fo happily
attained, that he was intrufted to execute fome of his
defigns in the Farnefian palace at Rome. Thefe he fi-
mftied in fo mafterly a manner, that the difference is
imperceptible to this day between his work and that
of his mailer. Plis genius diredied him to grand com-
pofitions, which he had a peculiar facility in deligning
and in painting either in frefco or in oil; he did in¬
deed afpire to the grace of Correggio, but could never
arrive at his excellence ; his greateft power being ma-
nifefted in compofition and fore fhortening. He was
deficient in correftnels and expreffion ; and his colour¬
ing, though fometimes admirable, was frequently too
dark. By order of Pope Urban VIII. he painted in
St Peter’s church at Rome the reprefentation of that
faint walking on the water, which afforded the pope fo
much fatisfadion that he knighted him. He died in
1647.
- LANGBAINE, Gerard, D. D. a learned Eng-
h'fh writer, was born in 1608. He was educated at
Queen’s college, Oxford ) and became keeper of the
archives of that univerfity, and provoft of his college.
He was highly efteemed by Archbiihop Ulher, Selden,
and other learned men ; he died in 1657. He publilh-
ed, 1. An edition of Longinus, in Greek and Latin,
with notes ; and other works.
Langbaine, Gerartl, an eminent writer, the fon of
the former, was born in 1656. He -was put apprentice
to Mr Symonds, bookfeller in St Paul’s churchyard :
but was foon after called from thence by his mother up¬
on the death of his eldeft brother, and by her entered
a gentleman commoner of Univerfity college, Oxford,
in 1672. Here he run out a good part of his eftate ^
but afterwards corre&ed his manner of living, and for
fome years lived in retirement near Oxford. During
this time he improved his tafte for dramatic poetry j and
at firft wrote fome fmall pieces without his name, but
afterwards publilhed feveral works which he publicly
owned. In 1690 he was elefted inferior beadle of arts
in the univerfity of Oxford j and, in January following,
was chofen fuperior beadle of law, but died fooh after
in 1692. He wrote, 1. The hunter, a difeourfe on
horfemanfhip. 2. A new catalogue of Englifti plays
with their beft editions, and divers remarks on the
originals of moft plays, and on the plagiaries of feveral
authors. 3. An account of the Englifti dramatic poets.
LANGELAND, Robert, an old Englifh poet of
the 14th century, and one of the firft difciples of Wick-
liffe the reformer. He is faid to have been born in
Shropfhire. He wrote The vifions of Pierce Plowman j
a piece which abounds with imagination and humour,
though dreffed to great difadvantage in very uncouth
verfification
L AN' [ 51
tangeland vevfiScation and obfolete language. It is written with-
i’ out rhyme, an ornament which the poet has endeavour-
Langrts. tQ fUpply hy making every verfe begin with the
£^0 letter. Dr Ilickes obferves, that this kind of alli¬
terative verfification was adopted by Lange land fiom
the pradliee of the Saxon poets, and that thefe vifibns
abound with S >xonifras : he ilvies him ceAb&mmus ille
fatirographusy moruvi vindex acerrimus, &c. Chaucer
and Spender have attempted imitations of his viiions,
and the learned Seiden mentions him with honour.
Lancelani>, an illand of Denmark in the Baltic fea,
in the llrait called the great baity and between Zealand,
Sal and, and Fyonia. It produces plenty of corn, and
the principal town is Rutcoping. E. Long. xi. 10.
N. Lat. 55. o.
LAN GETZ, a town of France, in Touraine, noted
for its excellent melons. It is ieated on the river Loire,
in E. Long. o. 23. N. Lat. 42. 20.
LANGHORNE, John, D.D. was born at Kirkby-
Stephen in Wedlmorland. His father was the reverend
John Langhorne of Win id on, who died when his Ion
was young. After entering into holy orders, he be¬
came tutor to the Tons of Mr Cracroft, a Lincolnfhire
gentleman, whofe daughter he married. The lady in
a dhort time died : and the lofs of her was very pa¬
thetically lamented by her hudhand in a monody *, and
by another gentleman, Mr Cartwright, in a poem en¬
titled “ Ccnilantia.” Dr Langhorne held the living of
Blagden in Somerfetfhire at the time of his death, which
happened April l. 1779. was t^le 3uthor of feveral
literary produclions ; amongft others, of Poems in two
vols 1766 ; Sermons i>. 2 vols 1773 ; EdFudions of Fan¬
cy, 2 vols ; Theododius and Conftantia, 2 vols; Soly-
man and Algaena j Frederic and Pharamond, or the
Confolations of Human Life, l 769 ; a Diilertation on
the Eloquence of the Pulpit, and another on Religious
Retirement; and he was editor of the Work? of St Evre-
mond, of the Poems of Collins, and fome other articles.
LANG IONA, a large, jrich, and thong town of
AJia, capital of the kingdom of Laos, with a large and
magnificent palace where the king refides. E. Long.
96. 45. N. Lat. 22. 38.
LANGOBARDI, a people of Germany fituated
between the Elbe and the Oder, in the Marche of
Brandenburg, whom their paucity ennobled *, in re¬
gard that, being encompadfed by many and powerful
nations, they prederved themfelves, not fo much by fub-
mitlion, as by dint of arms and encountering dangers,
(Tacitus).
LANGPORT, a town in Somerfetfinire, 132 miles
from London, is a well frequented town on the Parrot,
between Bridgewater and Crewkern. Here are light¬
ers which are condlantly employed in carrying coals,
Sec. from Bridgewater. Eels are taken in vail plenty out
of the holes of the banks of the river in frodly weather.
LA.NGREL SHOT, at d’ea, that confifting of two
bars of iron joined by a chain or dhackle, and having
half a ball of iron fixed on each end j by means of which
apparatus it does great execution among the enemy’s
rigging.
LANGRES, an ancient and confiderable town of
F ance, in Champagne, with a bidhop’s fee. The cut¬
lery wares made here arc in high edeem. It is feated
on a mountain near the river Marne, in E. Lomg.
4. 24. N. Lat. 47. 52.
5 1 L A N
LANGTON, Stephen, was born in England, but ^Langtort,
educated at Paris, and was greatly eiteemed tor his Lang^aSe;
learning by the king and nobility od France. He was
chancellor of Paris, a cardinal of Rome, and in the
reign of King John was made archbidhop of Canterbury
by Pope Innocent III. in oppofition both to the monks
of Canterbury and to. the king. Langton was one or
the molt illutirious men of his age for learning; and
continued archbidhop 22 years, dying in 1228. A ca¬
talogue of bis books is given by Bale and Tanner. 1
LANGUAGE, in the proper fenfe of the word, Definiticfn
dignifies the expredTion ot our ideas and their various
relations Dy certain articulate lounds, which are ufed as
the iigns of thofe ideas and relations. By articulate
{bunds are meant thofe modulations of dimple voice, or
of found emitted from the thorax, which are formed
by means of the mouth and its feveral organs,—the
teeth, the tongue, the lips and the palate. In a more,
general fenfe of the word, language is fometimes ufed
to denote all founds hy which animals of any kind ex-
prefs their particular feelings and impulfes in a manner
that is intelligible to their own fpecies.
Nature has endowed every animal with powers fuf-
ficient to make known all thofe of its fenlations and
defires, with which it is neceflary, for the prefervatiom
of the individual or the continuance of the kind, that
others of the fame fpecies dlxould be acquainted. For
this purpofe, the organs of all vocal animals are do
formed, as, upon any particular impulfe, to utter founds,
of which thofe of the fame fpecies indtinfhvely know
the meaning. The fummons of the hen is inftantly
obeyed by the whole brood of chickens, and in many
others of the irrational tribes a fimilar mode of comma-.
nication may be obferved between the parents and the
offspring, and between one animal and its cuttomary ad-
iociate. But it is not among animals of the fame fpe¬
cies only that thefe inftinCtive founds are mutually un- 2
derftood. It is as neceflary for animals to know the Language
voices of their enemies as the voice of their friends ; and 'n what re-
the roaring of the lion is a found, of which, previous
,, r j c ■ 11 t‘-ientrrom
all experience, every bealt or the lorelt is naturally t|ie inftjnc_
afraid. Between thefe animal voices and the language tive cries of
of men there is however very little analogy. Human anima-ls.
language is capable of expreffing ideas and notions,
which there is every reafon to believe that the brutal
mind cannot conceive. “ Speech (fays Arillotle) is
made to indicate what is expedient and what inexpedi¬
ent, and in confequence of this what is juil and unjudl.
It is therefore given to men j becaufe it is peculiar to
them, that of good and evil, juft and unjudl, they only
(with refpecl: to other afiimals) poffefs a ier.fe or feel¬
ing.” The voices of brutes feem intended by nature a
to exprefs, not diftinft ideas or moral modes, but only
fuch feelings as it is for the good of the fpecies that
they flxould have the power of making known ; and in
this, as in all other relpe&s, thefe voices are analogous ;
not to our fpeaking, but to our weeping, laughing,
dinging, groaning, fereaming, and other natural and
audible expredlions of appetite and padlion. -Another
diflerence between the language of men and the voices
of brute animals confifts in articulation, by which the
former may be refolved into diftindl elementary founds
or fyllables ; whereas the latter, being for the modi part
unarticulated, are not capable of fuch a refolution.
Hence Homer and Hefiod charaftevife man by the epi-
3 T 2 thet
LAN t5
Language, thet or “ voice-dividing,” as denoting a power
peculiar to the human fpecies •, for though there are a
f The par- few birds f which utter founds that may be divided in-
and Eaft^t0 ^^a'°^es* yet eac^ utters but one fuch
India bird ^ound> which feems to be employed rather as notes of
called roc. natural mufic than for the purpofe of giving informa-
£atoo, &c. tion to others ; for when the bird is agitated, it utters
3 cries which are very different, and have no articulation.
Not from  A third difference between the language of men
and the fignificant1 cries of brute animals, is, that the
inftin(ftfbut former is from art and the latter from nature. Every-
human language is learned by imitation, and is intelli¬
gible only to thofe who either inhabit the country
where it is vernacular, or have been taught it by a maf-
ter or by books : but the voices in queffion are not
learned by imitation 5 and being wholly inftimffive,
they are intelligible to all the animals of that fpecies by
which they are uttered, though brought together from
the moft diftant countries on earth. That a dog,
which had never heard another bark, would notwith-
ffanding bark himfelf, and that the barkings or yelps
ot a Lapland dog would be inllitnffively underftood by
the dogs of Spain, Calabria, or any other country, are
fafts which admit not of doubt : but there is no reafon
tp imagine that a man who had never heard any lan¬
guage fpoken would himfelf fpeak ; and it is well
known that the language fpoken in one country, is un¬
intelligible to the natives of another country where a
different language is fpoken. Herodotus indeed records
a fa(ff which, could it be depended upon, would tend
to overturn this reafoning, as it infers a natural relation
between ideas and certain articulate founds. He tells
us, that Pfammetichus king of Egypt, in order to dif-
cover which was the oldeft language, caufed two chil¬
dren, newly born of poor parents, to be brought up by
a fhepherd among his cattle, with a drift injunftion
that they (hould never hear a human voice j and that
at the end of two years the children pronounced at the
fame time the word /Ssxxos, which in the Phrygian lan¬
guage iignified bread. Either this is one of the many
fables which that credulous hiftorian collefted among
the Egyptians, or the conduft and reafoning of Pfam¬
metichus were very abfurd $ for it is added, that from
this circumftance he inferred that the Phrygians were
the moft ancient people, and that they fpoke the primi¬
tive language. The only rational purpofe for which
fuch an experiment could be inftituted, would be to dif-
cover, not w'hich is the oldeft or the lateft language,
but whether there be fuch a thing as a language of na¬
ture or inftinft : but in fuch a language it is obvious
that there could be no word to denote bread, becaufe
in what is called the ftate of nature bread is unknown.
The experiment of Pfammetichus was probably never
made j but in the wx>ods of different countries folitary
favages have at different times been caught, who,
though they apparently poffeffed all the fagacity which
is natural to man, and though their organs both of
hearing and of fpeech were perfeft, never ufed articu¬
late founds as figns of fenfations or ideas. They utter¬
ed indeed the inarticulate cries which are inftinftively
expreffive of pleafure and pain, of joy and forrow, more
diftinftly and forcibly than men civilized $ but with re-
fpeft to the very rudiments of language, they were what
Horace reprefents all mankind to have been originally,—
rnutwn tt turps pecus. Indeed it feems to be obvious,
<5 ] LAN
that were there any inftinftive language, the firft words Language.
uttered by all children would be the fame j and that
every child, whether born in the defert or in fociety,
would underftand the language of every other child^.
however educated or however neglefted. Nay more^
we may venture to aftirm, that fuch a language, though
its general ufe might, iw fociety, be fuperfeded by the
prevailing dialeft of art, could never be wholly loft ;
and that no man of one country would find it difficult,
far lefs impoffible, to communicate the knowledge of
his natural and moft preffing wants to the men of any
other country, whether barbarous or civilized. The
exercife of cultivated reafon, and the arts of civil life,
have indeed eradicated many of our original inftinfts
but they have not eradicated them all : (fee Instinct).
There are external indications of the internal feelings
and defires, which appear in the moft poliffied fociety,
and which are confefledly inftinftive. The paffions,
emotions, fenfations, and appetites, are naturally ex-
preffed in the countenance by charafters which the fa-
yage and the courtier can read with equal readinefs.
The look ferene, the fmoothed brow, the dimpled
fmile, and the gliftening eye, denote equanimity and
good will in terms which no man miftakes. The con-
trafted brow, the glaring eye, the fullen gloom, and
the threatening air, denote rage, indignation, and de¬
fiance, as plainly and forcibly as revilings or impreca¬
tions. To teach men to difguife thefe inftinftive indi¬
cations of their temper, and
“To carry fmiles and funftiine in their face,
“ When difcontent fits heavy at their heart,”
conftitutes a great part of modern and refined educa¬
tion. Yet in fpite of every effort of the utmoft Ikill,
and of every motive refulting from intereft, the moft
confummate hypocrite, or the moft hackneyed politi¬
cian, is not always able to prevent his real difpofition
from becoming apparent in his countenance. He may
indeed, by long praftice, have acquired a very great
command both over his temper and over the inftinc-
tive figns of it ; but at times nature will predominate
over art, and a hidden and violent paffion will flafti in
his face, fo as to be vifible to the eye of every beholder.
If thefe obfervations be juft, and we flatter ourfelves
with the belief that no man will call them in queftion,
it feems to follow, that, if mankind were prompted by
inftinft to ufe articulate founds as indications of their
paflions, affeftions, fenfations, and ideas, the language
of nature could never be wholly forgotten, and that it
would fometimes predominate over the language of art.
Groans, fighs, and fome inarticulate lively founds, are
naturally expreflive of pain and pleafure, and equally
intelligible to all mankind. The occafional ufe of thefe
no art can wholly banilh ; and if there were articu¬
late founds naturally expreflive of the fame feelings, it
is not conceivable that art or education could banifli
the ufe of them, merely becaufe by the organs of the
mouth they are broken into parts and refolvable into
fyllables.
It being thus evident that there is no inftinftive ar¬
ticulated language, it has become an inquiry of fome
importance, how mankind were firft induced to fabri¬
cate articulate founds, and to employ them for the
purpofe of communicating their thoughts. Children
learn to fpeak by infenfible imitation $ and when ad¬
vanced
L A N * [ 5
Language, var.ced fome years in life, they fludy foreign languages
K.m / under proper indrudlors : but the firfl men had no
4 fpeakers to imitate, and no formed language to ftudy ;
Either re- by wbat means then did they learn to fpeak ? On this
^1^fr^rin queftion only two opinions can poffibly be formed,
an art in- Either language mu4l have been originally revealed
vented by from heaven, or it muft be the fruit of human induftry.
men. The greater part of Jews and Chriftians, and even fome
of the wifeft Pagans, have embraced the former opi¬
nion ; which (eems to be fupported by the authority of
Mofes, who reprefents the Supreme Being as teaching
our firft parents the names of animals. The latter opi¬
nion is held by Diodorus Siculus, Lucretius, Horace,
and many other Greek and Roman writers, who confi-
der language as one of the arts invented by man. The
frit men, fay they, lived for fome time in woods and
caveS after the manner of beads, uttering only confufed
and indiflinft noifes ; till, affociating for mutual affift-
ance, they came by degrees to ufe articulate founds
mutually agreed upon for the arbitrary figns or marks
of thofe ideas in the mind of the fpeaker which he
wanted to communicate to the hearer. This opinion
fprung from the atomic cofmogony which was framed
by Mofchus the Phenician, and afterwards improved by
Democritus and Epicurus j and though it is part of a
fyftem in which the firft men are reprefented as having
grown out of the earth like trees and other vegetables,
it has been adopted by feveral modern writers (a) of
high rank in the republic of letters, and is certainly in
^ itfelf worthy of examination.
Arguments The moft learned, and on every account the moft re¬
fer its being fpe£lable author who now fupports this opinion, can-
of human didly acknowledges, that if language was invented, it
invention. wag difficult invention, and far beyond the
reach of the grofleft favages. Accordingly he holds,
that though men were originally folitary animals, and
had no natural propenftty to the focial life ; yet before
language could be invented they muft have been aflb-
ciated for ages, and have carried on of concert fome
common work. Nay, he is decidedly of opinion, that
before the invention of an art fo difficult as language,
men muft not only have herded together, but have alfo
formed fome kind of civil polity, have exifted in that
political ftate a very long time, and have acquired fuch
powders of abftradf ion as to be able to form general ideas.
(See Logic and Metaphysics.) But it is obvious,
that men could not have inilituted civil polity, or have
carried on of concert any common work, without com¬
municating their defigns to each other : and there are
four w'ays by which the author thinks that this could
have been done before the invention of fpeech 5 viz.
iff, Inarticulate cries, expreffive of fentiments and paf-
fions : 2d, Gejlures and thp exprejjion of countenance:
3d, Imitative founds expreftive of audible things j and,
4th, Painting, by which vifible objedfs may be repre-
lented. Of thefe four w7ays of Communication it is plain
that only two have any connedlion wuth language, viz.
inarticulate cries and imitative founds 5 and of thefe the
author abandons the latter as having contributed
nothing to the invention of articulation, though he
17 ] LAN
thinks it may have helped to advance its progrefs. “ I Language.
am difpofed (fays he) to believe, that the framing of v
words with an analogy to the found of the things ex-
preffed by them belongs rather to languages of art than
to the firft languages fpoken by rude and barbarous na¬
tions.” It is therefore inarticulate cries only that muft
have given rife to the formation of language. Such
cries are ufed by all animals who have any ufe of voice
to exprefs their wants j and the fadf is, that all barba¬
rous nations have cries exprefling different things, fuch
as joy, grief, terror, furprife, and the like. Thefe, to¬
gether with geftures and expreftion of the countenance,
were undoubtedly the methods of communication firft
ufed by men : and we have but to fuppofe (fays our au¬
thor) a great number of our fpecies carrying on fome
common bufinefs, and converfing together by figns and
cries; and we have men juft in a ftate proper for the
invention of language. For if wre fuppofe their numbers
to increafe, their wants would increafe alfo ; and then
thefe two methods of communication would become too
confined for that larger fphere of life which their wants
would make neceffary. The only thing then that re¬
mained to be done was to give a greater variety to the *
inftinftive cries ; and as the natural progrefs is from
wThat is eafy to what is more difficult, the firft variation
would be merely by tones from low to high, and from
grave to acute. But this variety could not anfwer all
the purpoles of fpeech in fociety j and being advanced
fo far, it was natural that an animal fo fagacious as man
Ihould go on farther, and come at laft to the only other
variation remaining, namely, articulation. The firft
articulation would be very Ample, the voice being bro¬
ken and diftinguiffied only by a few vowels and confo-
nants. And as all natural cries are from the throat and
larynx, with little or no operation of the organs of the
mouth, it is natural to fuppofe, that the firft languages
were for the greater part fpoken from the throat j that
what confonants were ufed to vary the cries, were moft-
ly guttural 5 and that the organs of the mouth wTould at
firft be very little employed. From this account of the
origin of language it appears, that the firft founds arti¬
culated were the natural cries by which men fignified
their wants and defires to one another, fuch as calling
one another for certain purpofes, and other fuch things
as w7ere moft neceffary for carrying on any joint work :
then in procefs of time other, cries would be articulated,
to fignify, that fuch and fuch actions had been per¬
formed or were performing, or that fuch and fuch.
events had happened relative to the. common bufinefs.
The names would be invented of fuch objedts as they
were converfant with j but as we cannot fuppofe fa¬
vages to be deep in abftradlion or Ikilful in the art of
arranging things according to their genera and fpeciesr
all things however fimilar, except perhaps the indivi¬
duals of the loweft fpecies, would be expreffed by dif¬
ferent words not related to each other either by deri¬
vation or compofition. Thus would language grow by,
degrees; and as it grew7, it would be more and more
broken and articulated by confonants ; but ftill the
W'ords would retain a great deal of their original na¬
ture
(A) Father Simon, Voltaire, L’Abbe Condillac, Dr Smith, and the author of the Origin and Progrefs of , *
Language.
T, A K [ 5
Liiapnnge lure of animal cries. And thus things would go on,
words unrelated ftiil multiplying, till -at lad: the lan¬
guage would become too cumberfome for ufe •, and
then art would be obliged to interpofe, and form a
language upon a fetv radical words,, according to the
7 rules and method of etymology.
Arguments Thofe (b) who think that language was originally
for its di- revealed from heaven, comkler this account of its hu-
rSi,r''man invention as a feries of mere fuppofitions hanging
loofely together, and the whole fufpended from no fixed
principle. The opinions of Diodorus, Vitruvius, Ho¬
race, Lucretius, and Cicero, which are frequently quot¬
ed in its fupport, are in their etfimation of no greater
authority than the opinions of other men $ for as lan¬
guage was formed and brought to a great degree of
perfection long befoie the era of any biftorian with
whom we are acquainted, the antiquity of the Greek
and Roman writers, who are comparatively of yeller-
day, gives them no advantage in this inquiry over the
pahilofophers of- France and England. Ariftotle has
defined man to be : and the definition is
certainly fo far juft, that man is much more remarkable
for imitation than invention •, and therefore, fay the
reafoners on this fide of the queftion, had the human
race been originally mutum et lurpe pecus, they would
have continued fo to the end of time, unlefs they had
been taught to fpeak by fome fuperior intelligence.
That the firll men fprung from the earth like vege¬
tables, no modern philofopher has ventured to affert ;
nor does there anywhere appear fufficient evidence
that men were originally in the ftate of favages. The
oldeft book extant contains the only rational cofmo-
gony known to the ancient nations ; and that book
reprefents the firft human inhabitants of this earth, not
only as reafoning and fpeaking animals, but alfo as in a
if ate of high perfedfion and happinefs, of which they
were deprived for difobedience to their Creator. Mofes,
fetting afide his claim to infpiration, deferves, from the
confidence of his narrative, at leaft as much credit as
Mofchus, or Democritus, or Epicurus $ and from his
prior antiquity, if antiquity could on this fubjeCf have
any weight, he would deferve more, as having lived
nearer to the period of which they all write. But
the queftion refpeding the origin of language may be
decided without refling in authority of any kind,
merely by confidering the nature of fpeech and the
mental and corporeal powers of man. Thofe who main¬
tain it to be of human invention, fuppofe men at firft
to have been folitary animaE, afterwards to have herded
together without government or fubordination, then
to have formed political focieties, and by their own
exertions to have advanced from the grofleft ignorance
to the refinements of fcience. But, fay the reafoners
whofe caufe we are now pleading, this is a fuppofition
contrary to all hiftory and all experience. There is
not upon record a fingle inftance well authenticated
of a people emerging, by their own efforts from harba-
rifm to civilization. There have indeed been many
nations raifed from the ftate of favages ; but it is known
that they were polifhed, not by their own repeated ex-
-ertions, but by the influence of individuals or colonies
8 ] L A N
from nations more enlightened than themfelves. The Language,
original lavages of Greece were tamed by the Pelaigi, 'J”
a foreign tribe j and were afterwards further polifhed
by Orpheus, Cecrops, Cadmus, &c. who derived their
knowledge from Egypt and the Eaft. The ancient
Romans, a ferocious and motley crew, received the blef-
fings of law and religion from a fucceflion of foreign
kings ; and the conquefts of Rome at a latter period
contributed to civilize the reft of Europe. In Ame¬
rica, the only two nations which at the invafion of the
Spaniards could be faid to have advanced a fingle flop
from barbarifm, were indebted for their fupefiority over
the other tribes, not to the gradual and unaffifted pro-
grefs of the human mind, but to the wife inftltutions of
foreign legiftators.
1 his is not the proper place for tracing the progrefs
of man from the favage fiate to that of political focie*
ty (fee Savage State) ; but experience teaches us that
in every art it is much e'afier to improve than to invent.
The human mind, when put into the proper track, i;
indeed capable of making great advances in arts and
fciences; but if any credit be due to the records of
hiftory, it has not, in a people funk in ignorance and
barbarity, fufficient vigour to difeover that track, or
to conceive a ftate difterent from the prefent. If the
rudeft inhabitants of America and other counttics have
continued, as there is every reafon to believe they have
continued, for ages in the fame unvaried ftate of bar
barifm ; how is it imaginable that people fo much ruder
than they, as to be ignorant of all language, ftiould
think of inventing an art fo difficult as that of fpeech,
or even to frame a conception of the thing ? In build¬
ing, fiftiing, hunting, navigating, &c. they might
imitate the inftimftive arts of other animals, but there
is no other animal that exprefies its fenfations and af-
fe&ions by arbitrary articulate founds.—It is faid that
before language could be invented, mankind muft have
exifted for ages in large political focieties, and have
carried on in concert fome common work ; but if in¬
articulate cries, and the natural vifible figns of the
paffions and affedftions, were modes of communication
fufficiently accurate to keep a large fociety together
for ages, and to direct its members in the execution of
fome common work, what could be their inducement
to the invention of an art fo ufeful and difficult as that
of language ? Let us however fuppofe, fay the advo¬
cates for the caufe which we are now fupporting, that
different nations of favage.; fet about inventing an art
of communicating their thoughts, which experience
had taught them was not abiblutely neceffary; how
came they all, without exception, to think of the one
art of articulating the voice for this purpofe ? Inar¬
ticulate cries, out of which language is fabricated,
have indeed an inftinfilive connexion with our paftions
and affedlions $ but there are geftures and expreflions
of countenance with which our paftions and affeftions
are in the fame manner connefted. If the natural
cries of paflion could be fo modified and enlarged as
to be capable of communicating to the hearer every
idea in the mind of the fpeaker, it is certain that the
natural geftures could be fo modified as to anfwer the
very
(ft) Warburton, Delaney, Johnfon, Beattie, Blair, and Dr Stanhope Smith of New Jerfey, Sic.
2
LAN [5
Eanguafe.very fame purpofe (fee Pantomime) ; and it is ftrange
 that among tlie feveral nations who invented languages,
not one fliould have Humbled upon fabricating vilible
figns of their ideas, but that all fhould have agreed to
denote them by articulated founds. Every nation
whole language is narrow and rude fupplies its defedls
by a violent gefticulation •, and therefore, as much lefs
genius is exerted in the improvement of any art than
was requifite for its firll invention, it is natural to fup-
pofe, that, had men been left to devife for themfelvcs
a method of communicating their thoughts, they
would not have attempted any other than that by
which they now improve the language tranfmitted by
their fathers. It is vain to urge that articulate founds
are fitter for the purpofe of communicating thought
than vifible gefticulation ; for though this may be true,
it is a truth which could hardly occur to favages, who
had never experienced the fitnefs of either j and if, to
counterbalance the fuperior fitnels of articulation, its
extreme difficulty be taken into view, it mail appear
little lefs than miraculous that every favage tribe Ihould
think of it rather than the ealier method of artificial
gefticulation. Savages, it is well, known, are remark¬
able for their indolence, and for always preferring cafe
to utility ; but their inodes of life give fuch pliancy
to their bodies, that they could with very little trouble
bend their limbs and members into any pofitions agreed
upion as the figns of ideas. This is - fo far from being
t.he cafe with refpeft to the organs of articulation, that
it is with extreme difficulty, if at all, that a man ad¬
vanced in life can be taught to articulate any found
which he has not been accuftomed to hear. No fo¬
reigner who comes to England after the age of thirty
ever pronounces the language tolerably well •, an Eng-
lilhman of that age can hardly be taught to utter the
guttural found which a Scotchman gives to the Greek
or even the French found of the vowel u ; and of
the folitary favages who have been caught in different
forefts, we know not that there has been one who,
after the age of manhood, learned to articulate any
language fo as to make himfelf readily underftood.
The prefent age has indeed furniftied many inftances of
deaf perfons being taught to fpeak intelligibly by fkilful
mafters moulding the organs of the mouth into the
pofitions proper for articulating the voice ; but who
was to perform this talk among the inventors of lan¬
guage, when all mankind were equally ignorant of the
means by which articulation is eftefled ? In a word,
daily experience informs us, that men who have not
learned to articulate in their childhood, never after-
v.ards acquire the faculty of fpeech but by fuch helps
as favages cannot obtain j and therefore, ii fpeech was
invented at all, it muft have been either by children
who were incapable of invention, or by men who were
incapable of fpeech. A thoufand, nay a million, of
children could not think of inventing a language.
While the 'organs are pliable, there is not underftanding
enough to frame the conception of a language 5 and by
the time that there is underftanding, the organs are
become too ftiff for the talk, and therefore, fay the
advocates for the divine origin of language, reafon as
well as hiftory intimates, that mankind in all ages mull:
have been fpeaking animals; the young having con-
Itantly acquired this art by imitating thofe who were
‘9 ]
LAN
elder 5 and we may warrantably conclude, that our ffrft Langusge.
parents received it by immediate infpiration.
To this account of the origin of language an ob¬
jection readily offers itfelf. If the firft language was
communicated by infpiration, it muft have been per-
feft, and held in reverence by thofe who fpake it, i. e.
by all mankind. But a vaft variety of languages have
prevailed in the world ■, and fome of thefe which re¬
main are known to be very imperfeeft, vvhilft there is
reafon to believe that many others are loft. If differ¬
ent languages were originally invented by different
nations, all this wmuld naturally follow from the mix¬
ture of thefe nations *, but what could induce men
poffeffed of one perfect language of divine original, to
forfake it for barbarous jargons of their own invention,
and in every refpecl inferior to that with which their
forefathers or themfelves had been infpired ? ^
In anfwer to this objeftion, it is laid, that nothing In what cir,
was given by infpiration but the faculty of fpeech and cnmftances
the elements of language; for when once men had ^
language, it is eafy to conceive how they might have
modified it by their natural powers, as thoufands can guage muft:
improve what they could not invent. The firft lan- become
guage, if given by infpiration, muft in its principlesnarrow an^-
have had all the perfeflion of which language is fuf-ru^e’
ceptible j but from the nature of things it could not
poffibly be very copious. The words of language are
either proper names or the figns of ideas and relations ;
but it cannot be fuppofed that the All-wife Inftrudor
would load the memories of men with words to denote
things then unknown, or with the figns of ideas which
they had not then acquired. It was fufficient that a
foundation was laid of,fuch a nature as would fupport
the largeft fuperftrufture which they might ever after
have occafion to raife upon it, and that they were
taught the method of building by compofition and
derivation. This would long preferve the language
radically the fame, though it could not prevent the
introdudhion of different dialedls in the different coun¬
tries over which men fpread themfelves. In whatever
region we fuppofe the human race to have been origi¬
nally placed, the increafe of their numbers would in
procefs of time either difperfe them into different na¬
tions, or extend the one nation to a vaft diftance on
all fides from what we may call the feat of govern¬
ment. In either cafe they would everywhere meet
with new objects, which would occafion the invention
of new names ; and as the difference of climate and
other natural caufes would compel thofe who removed
eaftward or northward to adopt modes of life in many
refpedts different from the modes of thole who travelled
towards the weft or the fouth, a vaft number of words
would in one country be fabricated to denote complex
conceptions, which muft neceflarily be unintelligible to
the body of the people inhabiting countries where
thofe conceptions bad never been formed. 7'hus would
various dialedfs be unavoidably introduced into the ori¬
ginal language, even whilft all mankind remained in
one fociety and under one government. But after
feparate and independent focieties were formed, thefe
variations would become more numerous, and the fe¬
veral dialedls would deviate farther and farther from
each other, as well as from the idiom and genius of
the parent tongue, in proportion to the diftar.ee of-'
the-
LAN [ 520 ] LAN
Language, the tribes by whom they were fpoken. If w’e fuppofe
a few people either to have been banilhed together from
the fociety of their brethren, or to have wandered of
their own accord to a diftance, from which through
tracklefs forefts they could not return (and fuch emi¬
grations have often taken place), it is eafy to fee how
the moft copious language muff in their mouths have
foon become narrow, and how the offspring of in-
fpiration muff have in time become fo deformed
as hardly to retain a feature of the anceftor whence
it originally fprung. Men do not long retain a
pra&ical fkill in thofe arts wdiich they never ex-
ercife; and there are abundance of fadfs to prove,
that a fingle man caff upon a defert ifland, and ha¬
ving to provide the neceffaries of life by his owm inge¬
nuity, would foon lofe the art of fpeaking wdth fluency
his mother tongue. A fmall number of men caff away
together, would indeed retain that art fomewhat long¬
er j but in a fpace of time not. very long, it would
in a great meafure be loft by them or their pofferity.
In this (fate of banifhment, as their time would be
almoit wholly occupied in hunting, filhing, and other
means wdthin their reach to fupport a wretched exiff-
ence, they would have very little leifure, and perhaps
lefs defire, to preferve by converfation the remembrance
of that eafe and thofe comforts of wdiich they now
found themfelves for ever deprived j and they would
of courfe foon forget all the words which in their
native language had been ufed to denote the accommo¬
dations and elegancies of polifhed life. This at leaf!
feems to be certain, that they would not attempt to
teach their children a part of language which in their
circumftances could be of no ufe to them, and of
wdiich it would be impoflible to make them compre¬
hend the meaning j for wdiere there are no ideas, the
figns of ideas cannot be made intelligible. From fuch
colonies as this difperfed over the earth, it is probable
that all thofe nations of favages have arifen, wdiich
have induced fo many philofophers to imagine that the
date of the favage was the original ftate of man ; and
if fo, wfe fee that from the language of infpiration
muft have unavoidably fprung a number of different
dialers all extremely rude and narrow, and retaining
nothing of the parent tongue, except perhaps the
names of the mod confpicuous objefts of nature, and
of thofe wants and enjoyments which are infeparable
from humanity. The favage date has no artificial
wants, and furnifhes few ideas that require terms to
exprefs them. The habits of folitude and filence in¬
cline a favage_ rarely to fpeak j and when he fpeaks, Language,
he ufes the fame terms to denote different id^.as. Speech v—
therefore, in this rude condition of men, mufl be ex¬
tremely narrow and extremely various. Every new
region, and every new climate, fuggeds difl’erent ideas
and creates different wants, wdiich mud be expreffed
either by terms entirely new or by old terms ufed g
with a new fignification. Hence mud originate great ^ence the
diverfity, even in the fird elements of fpeech, among Tdr‘ety
all favage nations, the words retained of the original ^^have
language being ufed in various fenfes, and pronounced, prevailed in
as wre may believe, with various accents. When any the world,
of thofe favage tribes emerged from their barbarifm,
whether by their own efforts or by the aid of people
more enlightened than themfelves, it is obvious that
the improvement and copioufnefs of their language
wrould keep pace with their own progrefs in knowledge
and in the arts of civil life; but in the infinite multi¬
tude of words which civilization and refinement add to
language, it tvould be little lefs than miraculous were
any two nations to agree upon the fame founds to re-
prefent the fame ideas. Superior refinement, indeed,
may induce imitation, conqueds may impofe a lan¬
guage, and extenfion of empires may melt dowm dif¬
ferent nations and different dialedls into one mafs;
but independent tribes naturally give rife to diverfity •
of tongues, nor does it feem poffible that they fhould
retain more of the original language than the words
expreflive of thofe objedls with which all men are at
all times equally concerned.
The variety of tongues, therefore, the copioufnels
of fome, and the narrownefs of others, furnifli no
good objeftion to the divine origin of language in ge¬
neral ; for whether language was at fird revealed from
heaven, or in a courfe of ages invented by men, a
multitude of diale&s would inevitably arife as foon as
the human race was feparated into a number of didinft
and independent nations.—We pretend not to decide
for our readers in a quedion of this nature: we have
given the bed arguments on both fides which we
could either devife or find in the writings of others :
and if it be feen, as we doubt not it will, that our
owm judgement leans to the fide of revelation, let it
not be haflily condemned by thofe whofe knowledge
of languages extends no farther than to Greece and
Rome, and France and England ; for if they will carry
their philological inquiries to the ead, they may per¬
haps be able to trace the remains of one original lan¬
guage through a great part of the globe at this day (c).
Language,
(c) Numberlefs indances of this might be given, but our limits will permit us to produce only a very few.—
In the Shanfcrit, or ancient language of the Gentoos, our fignifies a day: (See Halhed's preface to the code of
Gentoo laws'). In other eadern languages, the fame word was ufed to denote both light and fire. Thus in the
Chaldee, UR is fire ; in the Egyptian, OR is the fun or light, (Plut. de Ofir. et Ifid.): In the Hebrew, aur is
light: in the Greek, urg is the air, often light: in Latin, aura is the air, from the TEolic Greek $ and in
Irifb it is AEAR. From the very fame original we have the Greek word xvg, and the Englifli fire.—In He¬
brew, OR fignifies to raife, lift up one's felf, or be raifed: hence plainly are derived the Greek to raife, ex¬
cite, and the Latin orior to arife ; whence oriens the eafi, and Eng. orient, oriental; alfo Lat. origo, and Eng.
origin, originate, &c.--The word KhuNT in the Shanfcrit dialed!, fignifies a fmall territory, which is retained
in K.v»0es, Kent, Canton, Cantabria. The wmrd Khan, KIN, cean, gan, gen, gin, is of the fame kind,
and pervades Afia and Europe from the Ganges to the Garonne. The word light Englifh, LUCHT hlemifh,
LUX Roman, and Greek, has been traced to Egypt. Aretz. arek, erech, hertha, earth,
and ERDE, are all one word from Paledine and Chaldea to Britain and Germany.-—The Chaldeans turned the
2 Hebrew
LAN
IO
Some ex
Xair ua°re. Language, whatever was its origin, muft be fubjeft
to perpetual changes from its very nature, as well as
The Ian- ^rom tll>at variety of incidents which affea all fublu-
^uage of nary things ; and thofe changes mufl always corre-
ar-y people fpond with the change of eircumftances in the people
their rnir'd° ^ wtlom t^e lanR«age is fpoken. When any parti-
.i i mu "GuJar fet of ideas becomes prevalent among, any fociety
of men, words mult be adopted to exprefs them ; and
from thefe the language muft affume its character. 
Hence the language of a brave and partial people is
bold and nervous, although perhaps rude and unculti¬
vated; while the languages of tftofe nations in which
luxury and effeminacy prevail, are flowing and harmo¬
nious, but devoid of force and energy of expreffion.
But although it may be confldered as a general rule,
thenreced- the lanSuage .of people is a very" exaft index
irui rule," °, t'le ftate °.f tileir «iinds, yet it admits of feme par¬
ticular exceptions. For as man is naturally an imita¬
tive animal, and in matters of this kind never has re-
courfe to invention but through neceflity, colonies
planted by any nation, at whatever diftance from the
mother country, always retain the fame general founds
and /flVcwz of language with thofe from whom they are
feparated. In procefs of time, however, the colonifls
and the people of the mother country, by living under
diiferent climates, by being engaged in different occu¬
pations, and by adopting, of courfe, different modes
of life, may lo’e all knowledge of one another, affume
different national chara&ers, and form each a diftinfl
language to themfelves, totally different in genius and
ffyle, though agreeing with one another in the fun¬
damental founds and general idiom. If, therefore,
tnis particular idiom, formed before their feparation,
happen to be more peculiarly adapted to the genius
of the mother country than of the colonies, thefe will
labour under an inconvenience on this account, which
they may never be wholly able to overcome ; and this
inconvenience muft prevent their language from ever
attaining .to that degree of perfedlion to which, by the
genius of ^ the people, it might other wife have been
carried. Thus various languages may have been form¬
ed out of one parent tongue ; and thus that happy
concurrence of circumftances which has raifed fome
languages to a high degree of perfeftion, may be ea-
% accounted for, while many ineffe&ual efforts have
been made to raife other languages to the fame decree
of excellence. °
Vojl. XI. Part II.
[ 521 ]
L A N
ijruasre.
As the knowledge of languages conftitntes a great Lant
part of erudition, as their beauty and deformities fur- v  
nifti employment to tafte, and as thefe depend much
upon the idioms of the different tongues, we (hall pro¬
ceed to make a few remarks upon the advantages and
defeats ol fome ol thoie idioms of language with which
we are beft acquainted.—As the w’ords idiom and GE- n
Nius of a language are often confounded, it will be what is
neceffary to inform the reader, that by idiom we
would here be underftood to mean that general mods o/Ind Vhat
z7? ranging words into Jentences which prevails in any par- bv the ge-
ticular language; And by the GENIUS of a language, wenius, of a
mean to exprefs the particular fet of ideas ‘which //i6>,ar'ouaSe-
words of any language, either from their formation or
multiplicity, are moft naturally opt to excite in the mind
of any one who hears it properly uttered. Thus, al¬
though the Englifh, French, Italian, and Spanifh lan¬
guages nearly agree in the fame general idiom, yet the
particular genius of each is remarkably different: The
Fng/i/h is naturally bold, nervous, and ftrongly articu¬
lated ; the French is wTeaker, and more flowing ; the
Italian more foothing and harmonious; and the Spa-
nijh more grave, fonorous, and {lately. Now, when Two
we examine the feveral languages which have beenoms amonS'
moft efteemed in Europe, we find that there are on- ^'g"'
ly two idioms among them which are effentially di-eft*emed in
Itinguiftied from one another; and all thofe lan-Europe,
guages are divided between thefe two idioms, following
fometimes the one and fometimes the other, either
wholly or in part, The languages which may be faid
to adhere to the firft idiom, are thofe wdiich ’in their
conftruction follow the order of nature ; that is, ex¬
prefs their ideas in the- natural order in which they
occur to the mind ; the fubjeft which occafions the ac- /
tion appearing firft • then the a&ion accompanied with
its feveral modifications; and, laft of all, the objed to 13
which it has reference.—Thefe may properly be called The ana*
analogous languages; and of this kind are the Eng-lo2ous and
lilh, French, and moft of the modern languages in
Europe.—The languages which may be referred to the
other idiom, are thofe which follow no other order in
their conftruaion than what the tafte or fancy of the
compofer may fuggeft; fometimes making the objecl,
fometimes the aflion, and fometimes the modification
of the a&ion, to precede or follow the other parts.
7 he confufion which this might occafion, is avoided by
the particular manner of infle&ing their words, by which
3 U they
Kebnnv word SHLR or shor which figmfies an 0.v, into thor, as likewife did the Phenicians (See Flat
. ‘ ’ r! vnCe hC ?reek the taurus’ the French taureau, and the Italian and Spanifli*
, V 1 7 -DMf TV "T •I!11 nVEIT.H,. vvhlch fignifies cavity, capacity, the concave or infdc of any olace
has fpread itfelf far and wide, ftill retaining nearly the original fignification ; in the Perfian lancmaL^t is
BAD, BED, BRAD, and fign.fies a houfe or abode. In all the diale&s of the Gothic tongue, bode fignffies the
but it may he certainly traced from a higher fource. In many of the oriental diale&s, di bright is^ nam ’
the pronunciatioi^of whichTatht’byTht I’n/cctacy fpeSr o/cf.he^ea” ^
A,.,, «, the Eolic the Latiu l>lvuS, and the Celtic D„,a, God . ' r0<,t DI- COmK
tangu1
e. they are nia
Je
L A N
to refer to tire others
[
52
the tranf-
pofitive lar
guages
com pared
v.ith re-
f[)edl to
,-ith which they
outfit to be connefted, in whatever part of the fentence
they occur, the mind being left at liberty to connett
the feveral parts with one another after the whole, fen-
tence is concluded. And as the words may be here
tranfpofed at pleafure, thofe languages maybe called
transpositive languages. To this clafs we mull, in
an efpecial manner, refer the Latin and Grech lan¬
guages.—As each of thefe idioms has feveral advan¬
tages and defeats peculiar to itleif, we (hall endeavour
to point out the moll confiderable of them, in order
to afeertain with greater precifion the particular charac¬
ter and excellence of fome of thofe languages now
principally fpeken or (ludied in Europe.
The partiality which our forefathers, at the revival
of letters in Europe, naturally entertained for the
Greek and Roman languages, made them look upon
every diilinguilhing peculiarity belonging to them as
one of the jvztfflz/caufes of the amazing fuperiority which
thofe languages evidently enjoyed above every othei at
that time fpeken in Europe.—This blind deference Hill
continues to be paid to them, as our minds are cmly
prepofTefTed with thefe ideas, and as we are taught in
Our earlieft infancy to believe, that to entertain the lead
idea of our own language being equal to the Greek or
Latin in any particular whatever, would be a certain
mark of ignorance or want of tafle.—Iheir rights,
therefore, hike thofe of the church in former ages, re¬
main itill to be examined •, and we, without exerting
our reafon to difeover truth from falfehood, tamely fit
down fatisfied with the idea of their undoubted pre¬
eminence in every refpedl. But if we look around us
for a moment, and obferve the many excellent produc¬
tions which are to be met with in almoft every language
of Europe, we mud be fatisfied, that even thefe are now
poffeffed oi fome powers which might afford at lead'a
prefumption, that, if they were cultivated with a pro¬
per degree of attention, they might, 'm. fome rcfpeBs, be
made to rival, if not to excel, thofe beautiful and judly
admired remains of antiquity. Without endeavouring
to derogate from their merit, let us, with the cool eye
of philofophic reafoning, endeavour to bring before the
facred tribunal of Truth fome of thofe opinions which
have been mod generally received upon this fubjeft,
and red the determination of the caufe on her impartial
decifion. . .
The learned reader well knows, that the feveial
changes which take place in the arrangement of the
words in every transpositive language, could not be
admitted without occafioning great confufion, unlefs
certain claffes of words were endowed with particular
variations, by means of which they might be made to
refer to the other words with which they ought natural¬
ly to be connedled. Erom this caufe proceeds the ne-
ceflity of feveral variations of verbs, nouns, and adjec¬
tives; which are not in the lead effential or neceffary m
the analogous languages, as we have pretty fully ex¬
plained under the article Grammar, to which we refer
for fatisfaflion on this head. We ihall m this place
confider, whether thefe variations are an advantage or a
difadvantage to language.
As it is generally fuppofed, that every language
whofe verbs admit of infetiion, is on that acconnt much
more perfett than one where they are varied by auxi¬
liaries ; we thall in the firft place, examine this with
2 ] Ij A N
fome degree of attention ; and that what is laid on tnis La- gvage.^
head may be the more intelligible, we fliall give ex¬
amples from the Latin and Englidr languages. We
make choice of thefe languages, becaufe the Latin is
more purely tranfpojitive than the Greek, and the Eng-
Hth admits of lefs wfleBion than any other language
that we are acquainted with. *5
If any preference be due to a language from the
one or the other method of conjugating verbs, it mud j
in a great meafure be owing to one or more of thefe pre(pons>
three caufes :—Either it mud admit of a greater va-andpreci-
riety of founds, and confequently more room for har-l'onof
monious diverdty of tones in the language or a tneanIng-
greater freedom of expredion is allowed in uttering any
fimple idea, by the one admitting of a greater variety
in the arrangement of the words which are neceffary to
exprefs that idea than the other does :—or, ladly, a
greater precifion and accuracy in fixing the meaning
of the perfon wdio ufes the language, arife from the ufe
of one of thefe forms, than from the ufe of the other :
for, as every other circumdance which may ferve to
give a diverfity to language, fuch as the general and
mod prevalent founds, the frequent repetition of any
one particular letter, and a variety of other circum-
dances of that nature, which may ferve to debafe
a particular language, are not induenced in the lead
by the different methods of varying the verbs, they
cannot be here confidered. We diall therefore pro¬
ceed to make a comparifon of the advantages or difad-
vantages which may accrue to a language by indefling
its verbs with regard to each of thefe particulars,—va¬
riety of found, variety of arrangement, and accuracy of
meaning. #
The frjl particular that we have to examine is, Diverlity flf
Whether the one method of expreding the variations found»-
of a verb admits of a greater variety of founds ? In
this refpect the Latin feems, at fird view, to have a
great advantage over the Englifh : for the words amo,
amabam, amaveram, amavero, amem, &.c. leem to be
more different from one another than the Engliih tranf-
lations of thefe, / love, L did love, 1 had loved, 1 fjail
have loved, 1 may love, &c. 5 for although the iyllable
am is repeated in every one of the fird, yet as the
lad fyllable ufually drikes the ear with greater force
and leaves a greater impreflion than the fird, it is very
probable that many will think the frequent repetition
of the word love in the lad indance, more driking
to the ear than the repetition of am in the former.
We will therefore allow this its full weight, and grant
that there is as great, or even a greater difference be¬
tween the founds of the different tenfes of a Latin verb,
than there is between the words that are equivalent^ to
them in Engliih. But as we here confider the variety
of founds of the language in general, before any juit
conclufion can be drawn, wre muff not only compare
the different parts of the fame verb, but alfo compare
the different verbs with one another in each of thefe
languages. And here, at fird view, we perceive a
mod driking didindlion in favour of the analogous
language over the infleBed: for as it would be impof-
fible to form a particular fet of inflexions different
from one another for each particular verb, all thofe
languages which have adopted this method have been
obliged to reduce their verbs into a fmall number of
clafles; all the'words of each of which claffes com
monly
LAN [ 523 ] LAN
Language. Lnonly called conjugations, have the feveral variations of
the modes, tenfes, and perfons, exprefied exaftly in the
fame manner, which muft of neceffity introduce a ft-
milarity of founds into the language in general, much
greater than where every particular verb always retains
its own diftinguilhing found. To be convinced of this,
we need only repeat any number of verbs in Latin and
Englifh, and obferve on which fide the preference with
refpeft to variety of founds muft fall.
Pono,
Dono,
Cano,
Sono,
Orno,
Pugno,
Lego,
Seri bo,
Puto,
Vivo,
Ambulo
I put.
I give.
I ling.
I found.
I adorn.
I fight.
I read.
I write.
I think.
/ live.
I walk.
Moveo,
Doleo,
Lugeo,
Obeo.
Gaudeo,
Incipio,
Facio,
Fodio,
Rideo,
Impleo,
Abftineo,
I move.
I ail.
I mourn.
I die.
I Rejoice.
I be fin.
I make.
I dig.
I laugh.
Ifill.
I fork ear.
The fimilarity of founds is here fo obvious in the La¬
tin, as to be perceived at the firft glance *, nor can we
be furprifed to find it fo, when we confider that all their
regular verbs, amounting to 4000 or upwards, muft be
reduced to four conjugations, and even thefe differing
but little from one another, which muft of neceftity pro¬
duce the famenefs of founds which we here perceive $
whereas, every language that follow the natural order,
like the Englifh, inftead of this fmall number of uni¬
form terminations have almoft as many diftinfl founds
as original verbs in their language.
But if inftead of the prefent of the indicative mood,
we ftiould take almoft any other tenfe of the Latin verb,
the fimilarity of founds would be ftill more perceptible,
as many of thefe tenfes have the fame termination in all
the four conjugations, particularly in the imperfefl: of
the indicative, as below.
Pone-bam •,
Dona-bam j
Cane-bam j
Sona-bam ;
Orna-bam ;
Pugna-bam
Lege-bam *,
Scribe-bam :
Puta-bam j
Vive-bam 5
/ did put,
I did five,
I didfing,
didfound,
did adorn,
did fight,
did read,
did write,
did think,
did live.
1 put.
I gave.
I fung.
I founded.
I adorn d.
I fought.
I read.
I wrote.
I thought.
I lived.
Ambuia-bam $
Move-bam j
Dole-bam ;
Luge-bam ;
Obi-bam j
Gaude-bam ;
Incipie-bam
Facie-bam ;
Fodie-bam j
Ride-bam 5
Imple-bam ;
Abftine-bam j
7 did walk,
1 did move,
I did ail,
I did mourn,
I did die,
I did rejoice,
I did begin,
I did make,
I did dig,
1 did laugh,
I did fill,
I did forbear,
1 walked.
I moved.
I ailed.
I mourned.
I died.
I rejoiced.
I began.
1 made.
I dug.
I laufiied.
/ filled.
1 forbore.
Language..
It is unneceffary to make any remarks on the Latin
words in this example : but in the Englifti tranfiation
we have carefully marked in the firft column the words
without any inflexion j and in the fecond, have put
down the fame meaning by an inflexion of our verb j
which we have been enabled to do, from a peculiar
excellency in our own language unknown to any other
either ancient or modern. Were it neceffary to pur-
fue this fubjefl farther, we might obferve, that the
perfeR tenfe in all the conjugations ends univerfally in
I, the pluperfeR in eram, and the future, in am or bo ;
in the fubjunflive mood, the imperfeR univerfally in
REM, the perfeR in ERIM, the pluperfeR in ISSEM, and
the future in ero : and as a ftill greater famenefs is ob-
fervable in the different variations for the perfons in
thefe tenfes, feeing the firft perfon plural in all tenfes
ends in mus, and the fecond perfon in tis, with little
variation in the other perfons j it is evident that, in re-
fpedt to diverfity of founds, this method of conjugating
verbs by inflexion, is greatly inferior to the more natu¬
ral method of exprefling the various connexions and re¬
lations of the verbal attributive by different words, ufu-
ally called auxiliaries.
The fecond particular, by which the different me- Variety of
thods of marking the relation of the verbal attributive
can affeef language, arifes from the variety of expref-
fions which either of thefe may admit of in uttering
the fame fentiment. In this refpefl, likewife, the me¬
thod of conjugation by inflection feems to be deficient.
Thus the prefent of the indicative mood in Latin can
at moft be expreffed only in two ways, viz. scribo
and ego scribo 5 which ought perhaps in ftridtnefs to
be admitted only as one : whereas, in Engliih, we can
vary it in four different ways, viz. \fi,\ WRITE ; idly,
I do writej fily. Write I do; ^thly. Write do
I (d). And it we confider the further variation which
thefe receive in power as well as in found, by having
3 U 2 the
(d) We are fufficiently aware, that the laft variation cannot in ftriflnefs be confidered as good language •,
although many examples of this manner of ufing it in ferious compofition, both in poetry and profe, might
be eafily produced from the bell authors in the Englifti language.—But however unjuftifiable it may be to
ufe it in ferious compofition; yet, when judicioufly employed in works of humour, this and other forced
expreflions of the like nature produce a fine effedl, by giving a burlefque air to the language, and beauti¬
fully contrafting it to the purer didlion of folid reafoning. The fagacious Shakefpeare, has, on many occa-
fibns, Ihowed how fuccersfully thefe may be employed in compofition, particularly in drawing the charac¬
ter oi ancient Pfiol in Henry V. Without this liberty, Butler would have found greater difficulty in drawing
the inimitable charadfter of Hudibras.— Let this apology fufhee for having inferted this and other variations
of the fame kind ; which, although they may be often improper for ferious compofiticn, have ftill their uie in
Janguage.
LAN [ 524 ] LAN
Language, the emphafis placed on the different words •, inftead of
'r“ ^ four, we v«ll find eleven different variations : thus, 1/7,
I write, with the emphafis upon the I;—idly, I
write, with the emphafis upon the word write.
Let any one pronounce thefe with the different em¬
phafis neceffary, and he will be immediately fatisfied
that they are not only diftinft from each other with
refpecl to meaning, but alfo with regard to found $
and the fame muff be underflood of all the other parts
of this example.
3. \ do write.
4. 1 do write.
5. 1 do WRITE.
6. Write I do,
7. Write I do.
8. Write I do.
9. Write do I.
10. Write do I.
11. Write do I.
None of the Latin tenfes admit of more variations
than the two above mentioned : nor do almoft any
of the Englilh admit of fewer than in the above ex¬
ample j and feveral of thefe phrafes, which muff be
confidered as exa<ff tranllatipns of fome of the tenfes
of the Latin verb, admit of many more. Thus the
imperfect of the fubjumffive mood, which in Latin
'admits of the above two variations, admits in Englilh
of the following :
1. I misrht have written. 4. Written might have I.
2. Written I might have. 5. / written might have.
3. Have written I might. 6. Have written might I.
And if we likewife confider the variations which may
be produced by a variation of the emphafis, they will be
as under:
1. I might have written. 13'. Writtek might have /.
2. I might have written. 14. Written might have I.
3. I might have written. 15. Written might have I.
4. I might have written. 16. Written might have L
5. Written I might have.!']. I written might have.
6. Written I might have. 18. / written might have.
7. Written I might have. 19. / written might have.
8. Written I might have. 20. / written might have.
9. Have written I might. 21. Have written might I.
10. Have written I might 22. Have written might I.
11. Have written I might. 23. Have written might I.
12. Have written 1 might. 24. Have written might I.
In all 24 variations, inffead of two.—If we likewife
eonfider, that the Latins were obliged to employ the
fame word, not only to exprefs “ I might have written,
hut alfo, “ I could, I would, or I Jhould have written
each of which wmuld admit of the fame variations as
the word might; we have in all ninety fix different ex-
preffions in Englilh for the fame phrafe which in Latin
admits only of two, unlefs they have recourfe to other
forced turns of exprethon, which the defects of their
verbs in this particular has compelled them to in¬
vent.
But if it fhould be objefted, that the laft circum-
ftance we have taken notice of as a defedt, can only
be confidered as a defedt of the Latin language, and
is not to be attributed to the injleElion of their verbs,
feeing they might have had a particular tenfe for each
of thefe different words might, could, would, waA fiould;
vre anfwer, that, even admitting this excufe as valid ;
the fuperioritj of the analogous language, as fuch,
ftill remains in this refpedl as 1 2 to 1.—Yet even this Language,
conceflion is greater than ought to have been made : —v——J
For as the difficulty of forming a fufficient variety of
words for all the different modifications which a verb
may be made to undergo is too great for any rude peo¬
ple to overcome •, we find, that every nation which
has adopted this mode of infledfion, not excepting the
Greeks themfelves, has been obliged to remain fatis¬
fied with fewer words than would have been neceffary
even to effect this purpofe, and make the lame word
ferve a double, treble, or even quadruple office, as in
the Latin tenfe which gave rife to thefe obfervations j
So that, however in phyfical neceffity, this may not
be chargeable upon the particular mode of conftruc-
tion, yet in moral certainty it muff always be the cafe}
and therefore we may fafely conclude, that the mode
of varying verbs by injleElion affords lefs variety in the
arrangement of the words of the particular phrafes,
than the method of varying them by the help of auxi¬
liaries.
But if there fhould ftill remain any fliadow of doubt
in the mind of the reader, whether the method of va-
rying the verbs by injleElion is inferior to that by auxi- Preciiion of
liaries, with regard to diveriity of founds, or variety Pieani.nS»
of expreffion } there cannot be the leaft doubt, but^J1^*1.^
that with refpedt to precifion, diftindlnefs, and accu-js fUpe^or
racy, in exprelfing any idea, the latter enjoys a fupe-to the La-
riority beyond all comparifon.—Thus the Latin verbtinlan-
jdmo, may be Englilhed either by the words, / /bne,Sua§e’
or / do love, and the emphafis placed upc^ji any of the
words that the circumftances may require } by means
of which, the meaning is pointed out with a force and
energy which it is altogether impoffible to produce by
the ufe of any fingle word. The following line from
Shakefpeare’s Othello may ferve as an example :
 Excellent wretch !
Perdition catch my foul, but I do love thee :
In which the ftrong emphafis upon the word DO, give?
it a force and energy which conveys, in an irrefiliible
manner, a moft perfect knowledge of the lituation of
the mind of the fpeaker at the time.—That the whole
energy of the expreffion depends upon this feemingly
infignificant word, we may be at one fatisfied of, by
keeping it away in this manner :
 Excellent wretch 1
Perdition catch my foul, but I love thee.
How poor—how tame—how infignificant is this, when
compared with the other ! Here nothing remains but
a tame affertion, ulhered in with a pompous exclama¬
tion which could not here be introduced with any de¬
gree of propriety. Whereas, in the wray that Shake-
Ipeare has left it to us, it has an energy which nothing
can furpafs } for, overpowered with the irrefiftible
force of Defdemona’s charms, this ftrong exclamation
is extorted from the foul of Othello in Ipite of him-
felf. Surprifed at this tender emotion, which brings
to his mind all thofe amiable qualities for which he
had fo much efteemed her, and at the fame time fully
impreffed with the firm perfuafion of her guilt, he burfts
out into that feemingly inconfiftent exclamation, Ex¬
cellent wretch ! and then he adds in the warmth of his
furprife,—thinking it a thing moft aftoniffiing, that
any warmth of affeclion .ftiould ftill remain in his
breaft,
LAN
[ 525 ]
LAN
Language, bre ift, be even confirms it with an oath,—Perdition
 * catch tny foul, but / DO love thee.—“ In fpite of all the
falfeboods with which I know thou haft deceived me
—in fpite of all the crimes of which I know thee
guilty—in fpite of all thofe reafons for which I ought
to hate thee—in fpite of myfelf,—ftill I find that I
love—yes, I do love thee.” We look upon it as a
thing altogether impoflible to transfufe the energy of
this expreftion into any language whofe verbs are regu¬
larly infleffed.
In the fame manner we might go through all the
other tenfes, and (how that the lame fuperiority is
to be found in each. Thus, in th« perfeB tenfe of the
Latins, inftead of the fimple amavi, we fay, I have
Loved ; and by the liberty we have of putting the
emphalis upon any of the words which compofe this
phrafe, we can in the moft accurate manner fix the
precife idea which we mean to excite 5 for if we fay,
I have loved, with the emphaus upon the word /, it
at once points out the perfon as the principal objefl
in that phrafe, and makes us naturally look for a con¬
trail in fome other perfon, and the other parts of the
phrafe become fubordinate to it;—“ he has loved thee
much, but I have loved thee infinitely more.” The
Latins too, as they were not prohibited from joining
the pronoun with their verb, were alfo acquainted with
this excellence, which Virgil has beautifully ufed in
this verfe :
 Nos patriam fugimus ;
Tu, Tityre, lentus in umbra, &c.
But we are not only enabled thus to diftinguilh the
perfon in as powerful a manner as the Latins, but can
alfo with the fame facility point out any of the other
circumftances as* principals ; for if we fay, with the
emphalis upon the word have, “ I HAVE lovedf it
as naturally points out the time as the principal objeff,
and makes us to look for a contrail in that peculiarity,
I have : “ I have loved indeed ;—my imagination has
been led aftray—my reafon has been perverted j—but,
now that time has opened my eyes, I can fmile at
thofe imaginary diftreffes -which once perplexed me.”
—In the fame manner we can put the emphafis upon
the other word of the phrafe loved,—I have LOVED.”
—Here the paffion is exhibited as the principal circum-
llance •, and as this can never be excited without fome
objedl, we naturally wilh to know the objedl of that
pafiion—“ Who! what have you lovedP"1 are the na¬
tural queftions we would put in this cafe. “ I have
LOVED Lliza.” In this manner we are, on all
occalions, enabled to exprefs, with the utmoft preci-
lion, that particular idea which we would wilh to ex¬
cite, fo as to give an energy and perfpicuity to the
language, which can never be attained by thofe lan¬
guages whofe verbs are conjugated by inflexion : and
it to this we add the inconvenience which all intledled
languages are fubjefl to, by having too fmall a num¬
ber of tenfes, fo as to be compelled to make one
word on many occafions fupply the place of two,
three, or even four, the balance is turned ftill more in
our favour.— I hus, in Latin, the fame word AMABO
Hands for Jhall or will love, fo that the reader is left to
guds from the context which of the two meanings it
was moft likely the writer had in view.—In the fame
manner, may or can love are expreffed by the fame
word am EM •, as are alfo might, could, would, or fhouia Language,
love, by the (ingle word amarem, as we have already ■—v—
obferved ; fo that the reader is left to guefs which of
thefe four meanings the writer intended to exprefs :
which occafions a perplexity very different from that
clear precifion which our language allows of, by not
only pointing out the different words, but alfo by al¬
lowing us to put the emphans upon any of them we
pleafe, which fuperadds energy and force to the preci¬
fion it would have had without that affiftance.
Upon the whole, therefore, after the moll candid Tire me-
examination, we muft conclude, that the method
of conjugating verbs by wficBion is inferior to thatj^1^^
which is performed by the help of auxiliaries;—be-hy inflec-
caufe it does not afford fuch a diverfity of founds, tion infer-
nor allow fuch variety in the arrangement of expref-*01 .t9 t!iat
lion for the fame thought,—nor give fo great diltinc-^'j.1^115 ,
tion and precilion in the meaning.—It is, however, by^u^lL.,
attended with one confiderable advantage above theries.
other method : for as the words of which it is formed •
are neceffarily of greater length, and more fonorous,
than in the analogous languages, it admits of a more
flowing harmony of expreflion 5 for the number of
monofyllables in this laft greatly checks that pompous
dignity which naturally refuhs from longer w'ords.
Whether this Angle advantage is fufficient to counter¬
balance all the other deiecls with which it is attended,
is left to the judgement of the reader to determine
but we may remark, before we quit the fubjebl, that
even this excellence is attended with fome peculiar in-
conv'eniences, which (hall be more particularly pointed
out in the fequel.
But perhaps it might ftill be objefted, that although
the comparifons we have made above may be fair, and
the conclufion juft, with regard to the Latin and En-
glilh languages •, yet it does not appear clear, that on
that account the method of conjugating verbs by in-
flection is inferior to that by auxiliaries ; for although it
be allowed that the Latin language is defeftive in point
of tenfes j yet if a language were formed which had
a fufficient number of inflebled tenfes to anfwer every
purpole } if it had, for inllance, a word properly
formed for every variation of each tenfe : one for I
love, another for / do love ; one for / (hall, another for
1 will love ; one for / might, another for I could, and
would, and Jhould love s, and fo on through all the o-
ther tenfes j that this language would not be liable to
the objections we have brought againft the infleftion
of verbs ; and that of courfe the objeflions we have
brought are only valid againft thofe languages which
have follorved that mode and executed it imperfectly.
We anfwer, that although this would in lome mea-
fure remedy the evil, yet it would not remove it entire¬
ly. For, in the firft place, unlefs every verb, or every
fmall number of verbs, were conjugated in one wray,
having the found of the words in each tenfe, and di-
vifion of tenfes, as wm may fay, different from all the
other conjugations,—it would always occafion a fame-
nefs of found, which would in fome meafure prevent
that variety of founds fo proper for a language. And
even if this could be effe&ed, it would not give fuch a
latitude to the expreftion as auxiliaries allow ; for al¬
though there fliould be two words, one for I might, and
another for / could love ; yet as thefe are Angle ivords,
they cannot be varied j whereas, by auxiliaries, either
of
LAN
gaage. of thefe can be varied 24 different ways, as has been
"v fhown above. In the lart place, no fingle word can
ever exprefs all that variety of meaning which we can
do by the help o! our auxiliaries and the emphafis. I
have loved, if expreifed by any one word, could only
denote at all times one diftintt meaning j fo that to
give it the powxr of ours, three diftindl wTords at leaft
would be necelfary. However, if all this were done ;
that is, if there were a diftindb conjugation formed for
every 40 or 50 verbs ;—if each of the tenfes were
properly formed, and all of them different from every
other tenfe as well as every other verb j and thefe all
carried through each of the different perfons, fo as to
be all different from one another ;—and if likewife there
were a diftin£t word to mark each of the feparate
meanings which the fame tenfe could be made to af-
fume by means of the emphafis j and if all this infi¬
nite variety of w’ords could be formed in a dillimfl
manner, different from each other, and harmonious j
this language would have powers greater than any that
could be formed by auxiliaries, if it were pofhble for
the human pow7ers to acquire fuch a degree of know¬
ledge as to be able to employ it with facility. But
how could this be attained, fince upwards of ten thou-
fand words would be neceffary to form the variations
of any .one verb, and a hundred times that number
would not include the knowledge of the verbs alone of
fuch a language (e) ?—How much, therefore, ought
we to admire the fimple perfpicuity of our language,
which enables us, by the proper application of ten or
twelve feemingly trifling wrords, the meaning and ufe
of which can be attained wuth the utmofl eafe, to ex¬
prefs all that could be expreffed by this unwieldy ap¬
paratus ? What can equal the fimplicity or the power
of the one method, but the well known powers of the
24 letters, the knowledge of which can be obtained
with fo much eafe—and their powders know no limits ?
.—or, what can be compared to the fancied perfedffion
of the other, but the tranfeript of it which the Chi-
nefe feem to have formed in their unintelligible lan-
guage ?
Having thus confidered pretty fully the advantages
and defers of each of thefe two methods of varying
verbs, w*e cannot help feeling a fecret wfifh arife in our
-mind, that there had been a people fagacious enough
to have united the powers of the one method with
thofe of the other; nor can we help being furprifed,
that among the changes which took place in the feve-
ral languages of Europe after the downfal of the Ro¬
man monarchy, fome of them did not accidentally
{tumble on the method of doing it. From many con¬
curring circumffances, it feems probable that the great-
eft part, if not all the Gothic nations that overran
Italy at that time, had their verbs varied by the help
of auxiliaries; and many of the modern European
languages which have fprung from them, have fo far
borrowed from the Latin, as to have fome of the tenfes
LAN
of their verbs infle&ed : yet tire Englifti alone have in Language,-
any inftance combined the joint powers of the two :  v '
which could only be done by forming inflections for the
different tenfes in the fame manner as the Latins, and
at the fame time retaining the original method of va¬
rying them by auxiliaries ; by which means either the
one or the other method could have been employed as
occafion required. We have luckily two tenfes formed
in that way 5 the prefent of the indicative, and the aoriff
of the pajl. In almoft all our verbs thefe can be de¬
clined either with or without auxiliaries. Thus the
prefent, without an auxiliary, is, I love, I write, I /peak :
with an auxiliary, I do write, I do love, l do /peak. In
the fame manner, the paft tenfe, by infledfion, is, /
loved, I wrote, l/poke ; by auxiliaries, l did love, I did
/peak, I did write. Every author, who knows any
thing of the power of the Engliih language, knows the
ufe which may be made of this diftindlion. What a
pity is it that we flrould have ftopt ftiort fo foon ! how
blind was it in many other nations to imitate the defedts
without making a proper ufe of that beautiful lan¬
guage which is now numbered among the dead ! 20
After the verbs, the next moft: conliderable varia- Analogous
tion we find between the analogous and tranfpojitive and tranf-
languages is in the nouns •, the latter varying the dif-P0^tive
ferent cafes of thefe by inflexion ; whereas the former
exprefs all the different variations of them by the helpwithre_
of other words prefixed, called prepojitions. Now7, [f fpedl to the
wre confider the advantages or difadvantages of eitherca,es °f
of thefe methods under the fame heads as we have done nouns*
the verbs, we (hall find, that with regard to the firft
particular, viz. variety of founds, almoft the fame re¬
marks may be made as upon the verbs j for if we
compare any particular noun by itfelf, the variety of
found appears much greater between the different cafes
in the tranfpojitive, than between the tranflation of
thefe in the analogous language. Thus rex, regis,
REGI, REGEM, &c. are more diftindl from one another,
in point of found, that the tranflation of thefe, a king,
of a king, to a king, a king, &c. But if w7e proceed one
ftep further, and confider the variety which is produ¬
ced in the language in general by the one or the other
of thefe methods, the cafe is entirely reverfed. For
as it wTould have been impoflible to form diftinft varia¬
tions, different from one another, for each cafe of every
noun, they have been obliged to reduce all their nouns
into a few general claffes, called declcnfons, and to 2I
give to all thofe included under each clafs the fame ter- The for-
mination in every cafe 5 which produces a like fimila-mer fuPc*
rity of found with what we already obferved was oc-^{itv of*
cafioned to the verbs from the fame caufe 5 whereas in f0Ull(E
the analogous languages, as there is no neceffity for
any conftraint, there is almoft as great a variety of
founds as there are of nouns. The Latins have only
five different declenfions ; fo that all the great number
of w7ords of this general order muff be reduced to the
very fmall diverfity of founds which thefe few claffes
admit
t 526 1
(e) This affertion may perhaps appear to many very much exaggerated : but if any fliould think fo, we
only beg the favour that he will fet himfelf to mark all the variations of tenfes, mode, perfon, and number,
which an Englifh verb can be made to affume, varying each of thefe in every way that it will admit, both as
to the diverfity of expreffion and the emphafis j he will foon be convinced that we ha*e here faid nothing rnore
•than enough.
21
Inferior
with re¬
gard to the
arrange- ,
ment of ol1^
but
LAN _ [5
Language!, admit of; and even the founds of thefe few claffes are
-y-—— not f0 much diverlified as they might have been, as
many of the different cafes in the different declenfons
have exa6fly the fame founds, as we (hall have occafion
to remark more fully hereafter. We might here pro¬
duce examples to fhow the great Jimi/arity of founds
between different nouns in the Latin language, and va¬
riety in the Englifh, in the fame way as we did of the
verbs : but as every reader in the lead acquainted with
thefe two languages can fatisfy himfelf in this particu¬
lar, without any further trouble than by marking down
any number of Latin nouns, with their tranflations into
En dith, we think it unneceffary to dwell longer on this
particular.
But if the infledlion of nouns is a difadvantage
to a language in point of diverfity of founds, it is very
much the reverfe with regard to the variety it allows
in the arranging the words of the phrafe. Here, in¬
deed, the tranfpofitive language fhines forth in all its
glory, and the analogous mud yield the palm with-
fmalled difpute. For as the nominative cafe
words in a (or that noun which is the caufe of the energy ex-
fentence; pred'ed by the verb) is different from the accufative (or
that noun upon which the energy exprcffed by the verb
is exerted), thefe may be placed in any fituation that
the writer fhall think proper, without occadoning the
fmalled confufion : whereas in the analogous languages,
as thefe twm different dates of the' noun are expreffed
by the fame word, they cannot be didinguidied but by
their pofition alone : fo that the noun which is the ef¬
ficient caufe mud always precede the verb, and that
which is the padive fubjeft mud follow ; which greatly
cramps the harmonious flow of compofition.—Thus
the Latins, without the fmalled perplexity in the mean¬
ing, could fay either Brutum amavit Ca./Jtus, or Caffius
amavit Bruturn, or Brutum Cafms amavii, or Cafftus
Brutum amavit. As the termination of the word Caf
fus always points out that it is in the nominative cafe,
and therefore that he is the perfon from whom the
energy proceeds; and in the fame manner, as the ter¬
mination of the word Brutum points out that it is in
the accufative cafe, and confequently that he is the ob-
jedl upon whom the energy is exerted ; the meaning
continues dill didindl and clear, notwithdanding of all
thefe feveral variations : whereas in the Englifh lan¬
guage, we could only fay, Cajfius loved Brutus, or, by
a more forced phrafeology, Cafjius Brutus loved: Were
we to reverfe the cafe, as in the Latin, the meaning
alfo would be reverfed ; for if we fay Brutus loved Caf-
fus, it is evident, that indead of being the perfon be¬
loved, as before, Brutus now becomes the perfon from
whom the energy proceeds, and Cafjius becomes the
objeft beloved.—In this refpedl, therefore, the analo¬
gous languages are greatly inferior to the tranfpofitive ;
and indeed it is from this angle circumdance alone that
they derive their chief excellence.
But although it thus appears evident, that any
language, which has a particular variation of its nouns
to didinguifh the accufative from the nominative cafe,
has an advantage over thofe languages which have
none ; yet it does not appear that any other of their
cafes adds to the variety, but rather the reverfe ; for,
in Latin, we can only fay Amcor Dei; in Englifh the
fame phrafe may be rendered, either,—-ije love of God
—-of God the love,—or, by a more forced arrangement,
2 7 1
LAN
God the love of. And as thefe oblique cafes, as the Language.
Latins called them except the accufative, are clearly di- v—
dinguifhed from cne another, and from the nominative,
by the prepofition which accompanies them, we are not
confined to any particular arrangement with regard to
thefe as with the accufative, but may place them in
what order w'e pleafe, as in Milton’s elegant invocation
at the beginning of Paradife Lod :
Of man’s fird difobedience, and the fruit
Of that forbidden tree, whofe mortal tade
Brought death into the world, and all our woe,.
With lofs of Eden, till one greater Man
Redore us, and regain the blifsful feat,
Sing, heavenly Mufe.
In this fentence the tranfpofition is almod as great as
the Latin language would admit of, and the meaning
as didinfl as if Milton had begun with the plain lan¬
guage of profe, thus,—Heavenly mufe, ling of man’s
fird difobedience,” &c.
Before wre leave this head, we may remark, that the
little attention which feeras to have been paid to this
peculiar advantage derived from the ufe of an accufa-
tive cafe different from the nominative, is fomewhat fur-
prifing. The Latins, wTho had more occafion to attend
to this with care than any other nation, and even the
Greeks themfelve#, have in many cafes overlooked it, as
is evident from the various indances we meet with in
their languages where this is not didinguilhed. F»*r all
nouns of the neuter gender both in Greek and Latin
have in every declendon their nominative and accufa¬
tive lingular alike. Nor in the plural of fuch nouns
is there any didindlion between thele two cafes; and
in Latin all nouns whatever of the third, fourth, and
fifth declenfions, of which the number is very confi-
derable, have their nominative and accufative plural
alike. So that their language reaps no advantage in
this refpect from almod one half of their nouns. Nor
have any of the modern languages in Europe, however
much they may have borrowed from the ancient lan¬
guages in other refpedls, attempted to copy from them
in this particular ; from which perhaps more advantage
would have been gained, than from copying all the
other fuppofed excellencies of their language.—But to
return to our fubjecl.
It remains that we conlider, whether the infledlion Greatly fu-
of nouns gives any advantage over the method of defi-Per'or ^
ning them by prepofitions, in point of-didinclnefs and^^16”^1011
precidon of meaning ? But in this refpefl, too, the ana-jng,
logous languages mud come off vidlorious. Indeed this
is the particular in which their greated excellence con-
fids ; nor was it, we believe, ever difputed, but that, in
point of accuracy and precifion, this method mud ex¬
cel all others, however it may be defedlive in other re-
fpedts. We obftrved under this head, when fpeaking of
verbs, that it might perhaps be podible to form a lan¬
guage by infiedlion which fhould be capable of as great
accuracy as in the more fimple order of auxiliaries: but
this would have been fuch an infinite labour, that it
was not to be expedted that ever human powers would
have been able to accomplilh it. More eafy would it
have been to have formed the ftveral inflcdtions of the
nouns fo different from one another, as to have rendered
it impodible ever to miltake the meaning. Yet even
this has not been attempted. And as we find that thoft
languages
LAN [ 528 ]
LAN
Language, languages which have adopted the method of inflecting
k-'“’v “—1 their verbs are more itnperfeft in point ot precision
than the other, fo the fame may be faid of inflecting
the nouns : for, not to mention the energy which the
analogous languages acquire by putting the accent
upon the noun, or its prepolition (when in an obliqne
cafe), according as the fubjdcl may require, to exprefs
which variation of meaning no particular variety of
words have been invented in any inflefted language,
they are not even complete in other refpe&s. 1 he La¬
tin, in particular, is in many cafes defective, the fame
termination being employed in many inftances for dif¬
ferent cafes of the fame noun. Thus the genitive and
dative Angular, and nominative and vocative plural, of
the firft decleniion, are all exaftly alike, and can on¬
ly be ditlinguithed from one another by the formation
of the fentences $—as are alfo the nominative, voca¬
tive, and ablative Angular, and the dative and ablative
plural. In the fecond, the genitive Angular, and no¬
minative and vocative plural, are the fame j as are al¬
fo the dative and ablative Angular, and dative and ab¬
lative plural; except thofe in um, whofe nominative,
accufative, and vocatrve Angular, and nominative, accu-
fative, and vocative plural, are alike. i he other three
declenfions agree in as many of their cafes as thele do ^
which evidently tends to perplex the meaning, unlels
the hearer is particularly attentive^ to, and well acquaint¬
ed with the particular conitruftion of the other parts
of the fentence ; all of which is totally removed, and
the cleareft certainty exhibited at once, by the help of
24
Thefe two
different
idioms ot
language
cooipsred
as t, rheir
general ei-
fedts.
prepoAtions in the analogous languages.
It will hardly be neceflary to enter into fuch a mi¬
nute examination of the advantages or difadvantages
attending the variation of adjeShves; as it will ap¬
pear evident, from what has been already faid, that
the endowing them with terminations Amilar to, and
correfponding with, fubflantives, muft tend ftill more
to increafe the Amilarity of founds in any language,
than any of thofe particulars we have already taken
notice of-, and were it not for the liberty which they
have, in tranfpoAtive languages, of feparating the ad-
jeftive from the fubftantive, this muft have occafioned
fuch a jingle of Amilar founds as could not fail to have
been moft difgufting to the ear : but as it would have
been impoffible in many cafes, in thofe languages where
the verbs and nouns are infleaed, to have pronounced
the w ords which ought to have followed each other,
unlefs their adjeaives could have been feparated from
the fubflantives j therefore, to remedy this inconvem-
ence, they were forced to devife this unnatural method
of infleding them alfo ; by which means, it is eafy to
recoonife to what fubftantive any adjeaive has a re¬
ference, in whatever part of the fentence it. may be
placed/ In thefe languages, therefore, this inflexion,
both as to gender, number, and cafe, becomes aofo-
lutely neceffary ; and, by the diverAty which it admit¬
ted in the arranging the words of the feveral phrafes
might counterbalance the jingle of Amilar founds which
it introduced into the language.
Having thus examined the moft linking particu¬
lars in which the tranfpoAtive and analogous lan¬
guages differ, and endeavoured to (how the general ten¬
dency of every one of the particulars feparately, it
would not be fair to difmifs the fubjecl without con-
fidering each of thefe as a whole, and pointing out
their general tendency in that light: tor we all know7, L in^iiag?.
that it often happens in human inventions, that every v
part which compofes a whole, taken ieparately, may
appear extremely Ane j and yet, when ail theie parts
are put together, they niay not agree, but produce
a jarring and confuAon very different from what ivc
might have expedfed. We therefore imagine a few
remarks upon the genius of each of theie two diftinCt
idioms of language conftdered as a whole will not be
deemed ulelefs. ^ ,
Although all languages agree in this refpedf, that ! ;i* tranf-
they are the means of conveying the ideas ot one u
to another 5 yet as there is an inAnite variety of waygfor foIemn
in which we might wifti to convey thefe ideas, feme- compoft-
times bv the eafy and familiar mode of converfation',tion.
and at other times by more folemn addrelfes to the
underftanding, by pompous declamation, &.c. it may
fo happen, that the genius of one language may be
more properly adapted to the one of theie than the
other, while another language may excel in the oppp-
Ate particular. J. his is exaftly the cafe in the two
general IDIOMS of which we now treat. Every par¬
ticular in a tranfpojitive language, is peculiarly calcu¬
lated for that folemn dignity which is neceflary for
pompous orations. Long founding words, formed by
the inflexion of the different parts of fpeech,—flowing
periods, in which the attention is kept aw'ake by the
harmony of the founds, and in expetffauon of that
wmrd which is to unravel the whole,—if compoied by
a Ikilful artift, are admirably fuited to that folemn dig¬
nity and awful grace which conftitute the efllnce of a 25
public harangue. On the contrary, in private-conver- Fhe analo-
fation, where the mind wifhes to unbend itfelf w ith g°us for
eafe, thefe become fo many clogs which encumber
and perplex. At thefe moments we wifti to.transfufetii.,n and*
our thoughts with eafe and facility—we are tired with written di-
every unneceffary fyllable—and w’ilh to be freed from alogue.
the trouble of attention as much as may be. Like our
ft ate robes, we would wifh to lay afide our pompous
language, and enjoy ourfelves at home with freedom
and eafe. Here the folemnity and windings of the
tranfpojitive language are burdenfome \ while the faci¬
lity with which a fentxment can be expreffed in the ana-
/ogous language is the thing that we wiih to acquire.
Accordingly, in Terence and Plautus, where the beau¬
ties of dialogue are moft charmingly difplayed, tranf-
poAtion is fparingly ufed. In this humble, though
moft engaging fphere, the analogous language moves
unrivalled ; in this it wifties to indulge, and never tires.
But it in vain attempts to rival the tranfpojitive in dig¬
nity and pomp : The number of monofyrlables inter¬
rupts the flow7 of harmony j and although they may
give a greater variety of founds, yet they do not natu-
turally pbffefs that dignified gravity which fuits the
other language. This, then, muft be conftdered aj
the ftriking particular in the genius of thefe two dif¬
ferent idioms,which marks their charaders.
If we conAder the effe<ffs which thefe two diffe-
rent chara&ers of language muft naturally produce
upon the people who employ them, we wflll foon per¬
ceive, that the genius of the analogous language is
much more favourable for the moft engaging purposes f
of life the civilizing the human mind by mutual in-
tercourfe of thought, tncin the tvan!pojtlivc. Tor as it
is chiefly by the ufe of fpeech that man is raifed above
the
T. A \' [ 5
Language- the brute Creation;—as it is by this means he improves
11'v” every faculty of his mind, and to the obfervations
which he may himfelf have made, has the additional
advantage of the experience of thofe with w-hom he
may converfe, as well as the knowdedge which the hu¬
man race have acquired by the accumulated experience
of all preceding ages 5—as it is by the enlivening glow
of converfation that kindred fouls catch fire from one
another, that thought produces thought, and each
improves upon the other, till they foar beyond the
bounds which human reafon, if left alone, could ever
have afpired to ;—we mult furely confider that lan¬
guage as the molt beneficial to fociety, which molt ef¬
fectually removes thofe bars that obltruft its progrefs.
Now, the genius of the analogous languages is fo eafy,
fo fimple and plain, as to be within the reach of every
one who is born in the kingdom where it is ufed
to fpeak it with facility : even the rudelt among the
vulgar can hardly fall into any confiderable gramma¬
tical errors : whereas, in the tranfpqjitme languages, fo
many rules are neceflary to be attended to, and fo
much variation is produced in the meaning, by the
llighteft variations in the found, that it requires a ftudy
far above the reach of the illiterate mechanic ever
to attain. So that, how perfedt foever the language
may be when fpoken with purity, the bulk of the na¬
tion mull ever labour under the inconvenience of rude-
nefs and inaccuracy of fpeech, and all the evils which
this naturally produces.—Accordingly, we find, that
in Rome, a man, even in the higheft rank, received
as much honour, and wras as much diftinguilhed a-
mong his equals, for being able to converfe with eafe,
as a modern author would be for writing in an eafy
and elegant flyle ; and Caefar among his contempo¬
raries was as much efteemed for his fuperiority in fpeak-
ing the language in ordinary converfation with eafe
and elegance, as for his powers of oratory, his fkill in
arms, or his excellence in literary compofition. It is
needlefs to point out the many inconveniences which this
mufi: unavoidably produce in a ftate. It is fufficient
to obferve, that it naturally tends to introduce a vaft
diltindlion between the different orders of men ; to fet
an impenetrable barrier between thofe born in a high
and thofe born in a low ftation j to keep the latter in
ignorance and barbarity, while it elevates the former
to fuch a height as muft fubjefl the other to be eafily
led by every popular demagogue.—How far the hifto-
ry of the nations who have followed this idiom of lan¬
guage confirms this obfervation, every one is left to
judge for himfelf.
Having thus confidered Language in general, and
pointed out the genius and tendency of the two moll
diftinguifhed idioms which have prevailed 5 we fhall
clofe thefe remarks with a few obfervations upon the
particular nature and genius of thofe languages which
are now chiefly fpoken or fludied in Europe.
Of all the nations wbofe memory hiftory has tranf-
mitted to us, none have been fo eminently diftinguilhed
for their literary accomphfhments, as w7ell as acquaint-
wjhcu uic ance tlle pol'te arts, as the Greeks: nor are w7e
now chiefly as yet acquainted with a language poffeffed of fo many
fpoken or advantages, with fo few defefts, as that which they
ufed, and which continues ftill to be known by their
name. I he neceffary connexion between the progrefs
or knowledge and the improvement of language, has
Vol. XL Part II. * & »
*7
Obferva-i
tions on
thofe lan¬
guages
which are
ftudietl in
Europe.
^9 ] LAN
been already explained j fo that it will not be fur- Language-
prifing to find their progrefs in the one keep pace 'v '
with that of the other : but it will be of utility to
point out fome advantages which that diftinguithed
people pollefTed, which other nations, perhaps not lefs
diftinguilhed for talents or tafte, have not enjoyed,
which nave contributed to render their language the
moft univerfally admired in ancient as well as in modem
times. 3
It has been already obferved, that the original inhabi- The great
tants of Greece who were grofs favages, and whofe lan- '"Perionty
guage of courfe would be very rude and narrow7, were firft “f the
tamed by the Pelafgi, an eaftern or an Egyptian tribe, mv-
Fi°m the eaft it is well known that arts and fciences ing to what
w7ere fpread over the reft of the world, and that Egypt ca^fes-
was one of the countries firft civilized. The lan¬
guage therefore imported into Greece by the Pelafgi
would be pure from the fountain head, and much
more perfeift in its ftru&ure than if it had been tranf-
mitted. through many nations. But this was not the
only circumftance highly fortunate for the Greek lan¬
guage. Before it had time to be fully eftabliihed a-
mong the people, its afperities, which it had in com¬
mon with the other dialeds of the eaft, were polilhed
aw7ay by fuch a fucceflion of poets, muficians, philo-
fophers and legiflators, from different countries, as ne¬
ver appeared in any other nation at a period fo early
as. to give their genius and tafte its full influence. In
this refpea, no people were ever fo eminently diftin¬
guilhed as the ancient Greeks, wftio had their Orpheus,
their Linus, their Cecrops, and their Cadmus, who in¬
troduced their different improvements at a time when
the nation had no ftandard of tafte formed by itfelf.
Hence the original founds of the Greek language are
the moft harmonious, and the moft agreeable to the
ear,, of any that have hitherto been invented. They
are indeed agreeable to every perfon who hears them,
even when the meaning of the word is not underftood •
whereas almoft all other languages, till they are under¬
ftood, appear, to an ear which has not been accuftomed
to them, jarring and difeordant. This is the funda¬
mental excellence of that juftly admired language j nor
have the people failed to improve this to the utmoft of
their power, by many aids of their own invention. The
Greek language is of the tranfpofitive kind : but a
people fo lively, fo acute, and fo loquacious, could ill
bear the ceremonious reftraint to which that mode of
language naturally fubjected them : and have there-
ore, by various methods, freed it in a great meafure
from the ftiffnefs which that produced. In inflefting
their nouns and verbs, they fometimes prefix a fyllable
and.fometimes add one ; which, befides the variety that
it gives, to the founds of the language, adds greatly to
the diftmctnefs, and admits of a more natural arrange¬
ment of the words than in the Latin, and of confe-
quence renders it much fitter for the eafinefs of private
converfation : and indeed the genius of the people .fo
far prevailed over the idiom of the language, as to ren-
der it in the age of its greateft perfieftion, capable of
almoft as much eafe, and requiring almoft as little tranf-
pofition of words, as thofe languages which have beerv
called analogous. But as thofe nations who fpoke this 7
language were all governed by popular afl'emblies, and
as no authority could be obtained among them but by
a ikill 111 rhetoric and the powers of perfuafion 5 it
3 X became
LAN
[ 53° ]
LAN
Languagr. became neceflary for every one, who wifhed to acquire
v power or conlideration in the ftate to improve him-
felf in the knowledge of that language, in the ufe of
which alone he could expect honours or reputation.
Hence it happened, that while the vivacity of the
people rendered it eafy, the great men ftudioully im¬
proved every excellence that it could reap from its
powers as a tranfpofitive language \ fo that, when brought
to its utmoft perfection by the amazing genius of the
great Deraofthenes, it attained a power altogether un¬
known to any other language.—Thus happily cir-
cumflanced, the Greek language arrived at that envied
pre-eminence which it ftill juftly retains. From the
progrefs of arts and fciences *, from the gaiety and in¬
ventive genius of the people j from the number of free
flates into which Greece was divided, each of which
invented words of its owto, all of which contributed to
the general flock; and from the natural communica¬
tion which took place between thefe Hates, which ex¬
cited in the flrongefl degree the talents of the people ;
it acquired a copioufnefs unknown to any ancient lan¬
guage, and excelled by few' of the moderns.—In point
of harmony of numbers, it is altogether unrivalled ;
and on account of the eafe as well as dignity wdiich,
from the caufes above mentioned, it acquired, it ad¬
mits of perfection in a greater number of particular
kinds of compofition than any other language known.
—The irrefiflible force and overwhelming impetuofity
of Demollhenes feem not more natural to the genius
of the language, than the more flowery charms of
Plato’s calm and harmonious cadences, or the una¬
dorned fimplicity of Xenophon ; nor does the majeftic
pomp of Homer feem to be more agreeable to the ge¬
nius of the language in w'hich he wrrote, than the more
humble ftrains of Theocritus, or the laughing feftivity
of Anacreon : F.qually adapted to all purpofes, when
we perufe any of thefe authors, W'e wmuld imagine the
language was moft happily adapted for his particular
ftyle alone. The fame powrers it likewife, in a great
meafure pofleffed for converfation ; and the dialogue
feems not more natural for th% dignity of Sophocles
or Euripides, than for the more eafy tendernefs of
Menander, or buffoonery of Ariftophanes.—With all
thefe advantages, however, it muft be acknowledged,
that it did not poffefs that unexceptionable clearnefs
of meaning which fome analogous languages enjoy, or
that charafteriftic force wdiich the emphafis properly
varied has power to give, were not thefe defeCts coun¬
terbalanced by other caufes which wTe (hall afterwards
point out.
The Romans, a people of fierce and warlike difpo-
fitions, for many ages during the infancy of their re¬
public, more intent on purfuing conquefts and military
glory than in making improvements on literature or
the fine arts, bellowed little attention to their language.
Of a difpofition lefs focial or more phlegmatic than
the Greeks, they gave themfelves no trouble about
rendering their language fit for converfation ; and it
remained flrong and nervous, but, like their ideas,
was limited and confined. More difpofed to command
refpeCl by the power of their arms, than by the force
•f perfuafion, they defpifed the more effeminate powers
of ipeech : fo that, before the Punic wars, their lan¬
guage was perhaps more referved and uncourtly than
any other at that time known.-—But after their rival
29
The Latin
language
inferior to
the Greek;
and why.
Carthage was deffroyed, and they had no longer that Language,
powerful curb upon their ambition ; when riches flowed -"•V'-—'
in upon them by the multiplicity of their conquefts ;
—luxury began to prevail, the Hern aufterity of their
manners to relax, and felfilh ambition to take place of
that dilinterefted love for their country fo eminently
confpicuous among all orders of men before that pe¬
riod.—Popularity began then to be courted ; ambi¬
tious men, finding themfelves not poffeffed of that me¬
rit which enfttred them fuccefs with the virtuous fe-
nate, amufed the mob with artful and feditious ha¬
rangues ; and by making them believe that they were
poffeffed of all pow’er, and had their facred rights en¬
croached upon by the fenate, led them about at their
pleafure, and got themfelves exalted to honours and
riches by thefe infidious arts. It was then the Ro¬
mans firft began to perceive the ufe to which a com¬
mand of language could be put. Ambitious men
then ftudied it with care, to be able to accomplifh
their ends ; while the more virtuous were obliged to
acquire a fkill in this, that they might be able to repel
the attacks of their adverfaries.—Thus it happened,
that in a fhort time that people from having entire¬
ly neglected, began to ftudy their language with the
greateft affiduity ; and as Greece happened to be fub-
jetfted to the Roman yoke about that time, and a
friendly intercourfe was eftablifhed between thefe two
countries, this greatly confpired to nourifh in the minds
of the Romans a tafte for that art of which they had
lately become fo much enamoured. Greece had long
before this period been corrupted by luxury; their
tafte for the fine arts had degenerated into unneceffary
refinement; and all their patriotifm confifted in popu¬
lar harangues and unmeaning declamation. Oratory
was then ftudied as a refined art; and all the fubtle-
ties of it were taught by rule, with as great care as
the gladiators were afterwards trained up in Rome.
But while they were thus idly trying who fhould be
the lord of their own people, the nerves of govern¬
ment were relaxed, and they became an eafy prey to
every invading power. In this fituation they became the
JubjeBs, under the title of the allies, of Rome, and in¬
troduced among them the fame tafte for haranguing
which prevailed among themfelves. Well acquainted
as they w'ere with the powers of their own language,
they fet themfelves with unwearied afliduity to polifh
and improve that of their newT mafters : but wdth all
their afliduity and pains, they never wTere able to make
it arrive at that perfeftion which their own language
had acquired ; and in the Auguftan age, when it had
arrived at the fummit of its glory, Cicero bitterly com¬
plains of its w7ant of copioufnefs in many particulars. ^
But as it was the defire of all who ftudied this lan- it could
guage with care, to make it capable of that ftately not be car-
dignity and pomp neceffary for public harangues, they to tlJe
followed the genius of the language in this particular, u™e^fe'er<>
and in a great meafure negletfted thofe leffer delicacies
w'hich form the pleafure of domeftic enjoyment; fo
that, while it acquired more copioufnefs, more har¬
mony, and preciiion, it remained ftiff and inflexible
for converfation : nor could the minute diftinftion of
nice grammatical rules be ever brought down to the
apprehenfion of the vulgar ; whence the language fpo-
ken among the lower clafs of people remained rude and
unpolifhed even to the end of the roonarchy. The
Hubs
LAN [ 531 ] LAN
Language. Huns who overran Italy, incapable of acquiring any
“V—^ knowledge of fuch a difficult and abftrufe language,
never adopted it; and the native inhabitants being
made acquainted with a language more natural and
eafily acquired, quickly adopted that idiom of fpeech
introduced by their conquerors, although they Hill
retained many of thofe words which the confined na¬
ture of the barbarian language made necefiary to al¬
low them to exprefs their ideas.—And thus it was
that the language of Rome, that proud miftrefs of the
world, from an original defedl in its formation, al¬
though it had been carried to a perfection in other re-
fpefts far fuperior to any northern language at that
time, eafily gave way to them, and in a few ages the
knowledge of it was loft among mankind : while, on
the contrary, the more eafy nature of the Greek lan¬
guage has ftill been able to keep fome flight footing
in the world, although the nations in which it has
been fpoken have been fubjeCted to the yoke of fo¬
reign dominion for upwards of two thoufand years,
and their country has been twice ravaged by barbarous
nations, and more cruelly depreffed than ever the Ro¬
mans were.
From the view which we have already given of the
Latin language, it appears evident, that its idiom was
more ftriChly tranfpofitive than that of any other lan¬
guage yet known, and was attended with all the de-
feds to which that idiom is naturally fubjeded : nor
Could it boaft of fuch favourable alleviating circum-
ftances as the Greek, the prevailing founds of the Latin
being far lefs harmonious to the ear ; and although the
formation of the words is fuch as to admit of full and
diftind founds, and the words are fo modulated as to lay
no reftraint upon the voice of the fpeaker j yet, to a perfon
unacquainted with the language, they do not convey
that enchanting harmony fo reitiarkable in the Greek
language. The Latin is ftately and folemn ; it does
not excite difguft 5 but at the fame time it does not
charm the ear, fo as to make it liflen with delightful
attention. To one acquainted wdth the language in¬
deed^ the nervous boldnefs of the thoughts, the harmo¬
nious rounding of the periods, the full folemn fwelling
of the founds, fo diftinguilhable in the moft eminent
writers in that language which have been preferved to
us, all confpire to make it pleafant and agreeable.—
In thefe admired works we meet with all its beauties,
without perceiving any of its defeds ; and we naturally
admire, as perfed, a language which is capable of pro¬
ducing fuch excellent works.—Yet with all thefe feem-
ing excellencies, this language is lefs copious, and
more limited in its ftyle of compofition, than many mo¬
dern languages ; far lefs capable of precifion and ac¬
curacy than almolt any of thefe •, and infinitely be¬
hind them all in point of eafinefs in converfation. But
thefe points have been fo fully proved already, as to
require no further illuftration.—Of the compofitions
in that language which have been preferved to us, the
Orations of Cicero are belt adapted to the genius of
the language, and we there fee it in its utmoft perfec¬
tion. In the Philofophical Works of that great author
we perceive fome of its defeds j and it requires all the
powers of that great man to render his Epiflles agree-
abh, as thefe have the genius of the language to ftrug-
gle with.—Next to oratory, hiftory agrees ith the ge¬
nius of this language j and Caefar, in his Commentaries,
has exhibited the language in its pureft elegance, witn- Language.
out the aid of pomp or foreign ornament. Among v—«-.■
the poets, Virgil has beft adapted his works to his lan¬
guage. The flowing harmony and pomp of it is well
adapted for the epic ftrain, and the corred delicacy of
his tafte rendered him perfedly equal to the talk. But
Plorace is the only poet whofe force of genius was able to
overcome the bars which the language threw in his way,
and fucceed in lyric poetry. Were it not for the bril¬
liancy of the thoughts, and acutenefs of the remarks,
which fo eminently diftinguilh this author’s compofitions,
his odes would long ere now have funk into utter obli¬
vion. But fo confcious have all the Roman poets been
of the unfitnefs of their language for eafy dialogue, that
almoft none of them, after Plautus and Terence, have
attempted any dramatic compofitions in that language.
Nor have we any reafon to regret that they negleded
this branch of poetry, as it is probable, if they had
ever become fond of thefe, they would have been obli¬
ged to adopt fo many unnaturalncontrivances to render
them agreeable, as would have prevented us (who of
courfe would have conlidered ourfelves as bound to fol¬
low them) from making that progrefs in the drama
which fo particularly diftinguiffies the produdions of
modern times.
The modern Italian language, from an inattention xhe Italian
too common in literary fubjeds, has been ufualiy call-language of-
ed a child of the Latin language, and is commonly be- Gothic idi-
lieved to be the ancient Latin a little debafed by the om’ ant*
mixture of the barbarous language of thofe people who
conquered Italy. The truth is, the cafe is diredly the
reverfe: for this language, in its general idiom and
fundamental principles, is evidently of the analogous
kind, firft introduced by thofe fierce invaders, although
it has borrowed many of its words, and fome of its
modes of phrafeology, from the Latin, with which
they were fo intimately blended that they could fcarce-
ly be avoided j and it has been from renjaaking this
flight connexion, fo obvious at firft fight, that fuperficiai
obfervers have been led to draw this general conclufion,
fo contrary to fa<5f.
When Italy was overrun by the Lombards, and the
empire deftroyed by thefe northern invaders, they, as
conquerors, continued to fpeak their own native lan¬
guage. Fierce and illiterate, they would net ftoop to
the fervility of ftudying a language fo clogged with
rules, and difficult of attainment, as the Latin would
naturally be to a people altogether unacquainted with
nice grammatical diftinflions : while the Romans, of
neceffity, were obliged to ftudy the language of their
conquerors, as well to obtain fome relief of their griev¬
ances by prayers and fupplications, as to deftroy that
odious diftirxftion which fubfifted between the con¬
querors and conquered, while they continued as diftindt
people. As the language of their new mafters, al¬
though rude and confined, was natural in its order,
and eafy to be acquired, the Latins would foon attain
a competent {kill in it : and as they bore fuch a propor¬
tion to the whole number of people, the w hole language
would partake fomewhat of the general found of the
former : for, in fpite of all their efforts to the contrary,
the organs of fpeech could not at once be made to ac¬
quire a perfedl power, of uttering any unaccuftomed
founds 5 and as it behoved the language of the barba¬
rians to be much lefs copious than the Latin, whenever
3X2 they
l
LAN [5
L^a?ei the7 found themfelves at a lofs for a word, they would'
naturally adopt thofe which moll readily prefented
33 themfelves from their new fubjeas. Thus a Wuage
found'in raS formed’ fomewhat refembling the Latin
boLh in the general tenor of the founds and in the mean¬
ing of many words : and as the barbarians gave them-
leives little trouble about language, and jn feme cafes
perhaps hardly knew the general analogy of their own
language it is not furprifing if their new fubjeas fhould
hnd themfelves fometimes at a lofs on that account; or
ij, m thefe fituations, they followed, on fome occafions,
< the analogy fuggefted to them by their own : which
accounts tor the rtrange degree of mixture of heteroge¬
neous grammatical analogy we meet with in the Italian
as well as Spanifh and French languages. The idiom
of nil the Gothic languages is purely analogous j and
in all probability, before their mixture with the Latins
and other people in their provinces, the feveral gram¬
matical parts of Ipeech followed the plain fimple idea
which that fuppofes, the verbs and nouns were all pro¬
bably vaiied by auxiliaries, and their adjeiflives retained
their fimple unalterable flate :—but by their mixture
W’ith the Latins, this fimple form has been in many
cafes altered : their verbs became in fome cafes infleft-
ed ; but their nouns in all thefe languages flill retained
33 their original form j although they have varied their
Hns the dc-adjedlives, and foolifhly clogged their nouns with gen-
bSifs der’ according to.the Latin idioms. From this hetero¬
parent geneous and fortuitous (as we may fay, becaufe injudi-
tonguc-s. cious) mixture of parts, refults a language pofiefling al-
moft all the defefts of each of the languages of which it
is compofed, with few of the excellencies of either : for
it has neither the eaie and precifion of the analogous,
nor the pomp and boldnefs of the tranfpoJitivey lan¬
guages j at the fame time that it is clogged with almoft
as many rules, and liable to as great abufes.
Thefe obfervations are equally applicable to the
French and Spanifh as to the Italian language. With
regard to this laft, in particular, w^e may obferve, that
as the natural inhabitants of Italy, before the laft in-
yafion of the barbarians, rvere funk and enervated by
luxury, and by that depreflion of mind and genius
which anarchy alw7ays produces, they had become fond
of feafting and entertainments, and the enjoyment of
fenfual pleafares conftituted their higheft delight; and
their language partook of the fame debility as their
body—The barbarians too, unaccuftomed to the fe-
duftions of pleafure, foon fell from their original bold¬
nefs and intrepidity, and, like Hannibal’s troops of
old, were enervated by the fenfual gratifications in
which a nation of conquerors unaccuftomed to the re-
ftraint of government freely indulged. The foftnefs
of the air, the fertility of the climate, the unaccuftomed
flow of riches which they at once acquired, together
with the voluptuous manner of their conquered fub-
je£ls 5 all conipired to enervate their minds, and render
them foft and effeminate. No wonder then, if a lan¬
guage new-moulded at this jun&ure ftiould partake of
the genius of the people who formed it; and inftead
of participating of the martial boldnefs and ferocity of
either of their anceftors, fhould be foftened and en¬
feebled^ by every device which an effeminate people
could invent.— I he ftrong confonants which termi¬
nated the words, and. gave them life and boldnefs, be-
2 ] LAN
ing thought too harfh for the delicate ears of thefe Language,
ions of floih, wrere banilhed their language j while fo- ~~'v —
norous vowels, which could be protracted to any length
in mufic, were fubftituted in their ftead.—Thus the And34
Italian language is formed flowfing and harmonious,though
but deftitute of thofe nerves which conftitute the ^ow‘ng an(J
ftrength and vigour of a language : at the fame time,hartnoni-
the founds are neither enough diverfified, nor in them-
elves of fuch an agreeable tone, as to afford great the higheft
plealure without the aid of mufical notes j and thefyec‘es°f
fmall pleafure which this affords is ftill leffened by thec.°inPofi"
little variety of meafure which the great fimilarity oftl0n'
the terminations of the words occafions. Hence it
happens, that the language is fitted for excelling in
fewer branches of literature than almoft any other :
and although wre have excellent hiftorians, and more
than ordinary poets, in Italian, yet they labour under
gieat inconveniences, from the language wanting nerves
and ftatelinefs for the former, and futheient variety of
modulation for the latter. It is, more particularly on
this account, altogether unfit for an epic poem : and
though attempts have been made in this way by twra
men, whofe genius, if not fettered by the language,
might have been croumed with fuccefs j yet thefe*
notwfithftanding the fame that with fome they may
have acquired, muft, in point of poetic harmony, be
deemed defe&ive by every impartial perfon. Nor is it
poftible that a language which hardly admits of poetry
without rhime, can ever be capable of producing a
perfeCt poem of great length ; and the ftanza to which-
their poets have ever confined themfelves, muft always
produce the moft difagreeable effeCt in a poem where un-
reftrained pomp and pathos are neceflary qualifications.
1 he only fpecies of poetry in rvhich the Italian lan¬
guage can claim a fuperior excellence, is the tender
tone of elegy : and here it remains unrivalled and
alone $ the plaintive melody of the founds, and fmooth
flow of the language, being perfectly adapted to ex-
prefs that foothing melancholy which this fpecies of
poetry requires. On this account the plaintive icenes
of the Pajlor Yido of Guanm have juflly gained to
that poem an univerfal applaufe $ although, unlefs on
this account alone, it is perhaps inferior to almoft
every other poem of the kind which ever appeared.—
We muft obferve with furprife, that the Italians, who
have fettered every other fpecies of poetry with the
fevereft lhackles of rhime, have in this fpecies ftiowed
an example of the moft; unreftrained freedom; the
happy efFeCts of which ought to have taught all Eu¬
rope the powerful charms attending it : yet with a- —
mazement we perceive, that fcarce an attempt to imi¬
tate them has been made by any poet in Europe ex-
cept by Milton in his Lycidas j no dramatic poet, even
in Britain, having ever adopted the unreftrained har¬
mony of numbers to be met with in this and many
other of their beft dramatic compofitions.
Of all the languages which fprung up from the mix-Theixcel.
ture of the Latins with the northern people on theLncy of
deftruftion of the Roman empire, none approach f0the sPaii‘fii
near to the genius of the Latin as the Spanifh does.-^ tongue.
For as the Spaniards have been always remarkable
for their military prowefs and dignity of mind, their
language is naturally adapted to exprefs ideas of
that kind. Sonorous and folemn, it admits nearly
of
Language.
LAN
of as much dignhy as the Latin
it is the moft elegant and courteous language in Eu¬
rope.
The humane and generous order of chivalry was firll:
invented, and kept its footing longeft, in this nation j
and although it ran at laft into luch a ridiculous ex-
cefs as defervedly made it fall into univerfal difrepute,
yet it left fuch a ftrong tindlure of romantic heroifm
upon the minds of ail ranks of people, as made them
jealous of their glory, and ftrongly emulous of culti¬
vating that heroic politenefs, which they conlidered
as the higheft perfeftion they could attain. Every
man difdained to flatter, or to yield up any point of
honour which he poffelfed *, at the fame time, he ri-
goroufly exafted from others all that was his due.—-
Thefe circumftances have given rife to a great many
terms of refpeft and courteous condefcenfion, without
meannefs or flattery, which gave their dialogue a re-
fpe&ful politenefs and elegance unknown to any other
European language. This is the reafon why the cha-
radlers fo finely drawm by Cervantes in Don Quixotte
are {fill unknown to all but thofe w'ho underftand the
language in which he w!rote. Nothing can be more
unlike the gentle meeknefs and humane heroifm of the
knight, or the native fimplicity, warmth of affedlion,
and refpeddful loquacity of the fquire, than the incon-
fifient follies of the one, or the impertinent forward-
nafs and difrefpectful petulance of the other, as they
are exhibited in every Englifh tranfiation. Nor is it,
as we imagine, poflible to reprefent fo much familiarity,
united with fuch becoming condefcenfion in the one,
and unfeigned deference in the other, in any other Eu¬
ropean language, as is neceffary to paint thefe two ad¬
mirable characters.
Although this language, from the folemn dignity
and majeftic elegance of its ftruCture, is perhaps better
qualified than any other modern one for the fublime
itrains of epic poetry •, yet as the poets of this nation
have all along imitated the Italians by a molt fervile
fubjeftion to rhime, they never have produced one
poem of this fort, which in point of poefy or ftyle de-
ferves to be tranfmitted to poflerity. And in any
other fpecies of poetry but this, or the higher tragedy,
it is not naturally fitted to excel. But although the
drama and other polite branches of literature were
early cultivated in this country, and made confiderable
progrefs in it, before the thirft of gain debafed their
fouls, or the defire of univerfal dominion made them
forfeit that liberty which they once fo much prized •,
fince they became enervated by an overbearing pride,
and their minds enllaved by fuperftition, all the polite
arts have been negleCled : fo that, while other Euro¬
pean nations have been advancing in knowledge, and
improving their language, they have remained in a Rate
of torpid inactivity j and their language has not ar¬
rived at that perfection which its nature wmuld admit,
or the acute genius of the people might have made us
^ naturally expeCt.
The French It will perhaps by fome be thought an unpardon-
languagc able infult, if we do not allow the French the prefer-
n andence modern languages in many refpeCts. But
9nerg/; but far mult we pay a deference to truth, as to be obli¬
ged to rank it among the pooreft languages in Eu¬
rope. Every other language has fome founds which
can be uttered clearly by the voice : even the Italian,
[ 533 1 L A N
lor converfation, although it wants energy, ftill poffelfes dillinCVnefs of Language.
articulation. But the French is almoft incapable of <J
either of thefe beauties •, for in that language the vow¬
els are fo much curtailed in the pronunciation, and the
words run into one another in fuch a manner as necefi-
farily to produce an indiftinftnefs which renders it in¬
capable of meafure or harmony. From this caufe, it
is in a great meafure incapable of poetic modulation,
and rhime has been obliged to be fubftituted in its
Read ; fo that this pooreR of all contrivances which
has ever yet been invented to diflinguilh poetry from
profe, admitted into all the modern languages when
ignorance prevailed over Europe, has Rill kept fome
footing in the greatefl part of thefe, rather through a
deference for eRablifhed cuRoms than from any necef-
fity. Yet as the French language admits of fo little
poetic modulation, rhime is in fome meafure neceflary
to it; and therefore this poor deviation from profe has
been adopted by it, and dignified with the name of Poet¬
ry. But by their blind attachment to this artifice,
the French have negledted to improve, fo much as they
might have done, the fmall powers for harmony of
which their language is pofiefled ; and by being long
accuRomed to this falfe taRe, they have become fond
of it to fuch a ridiculous excefs, as to have all their
tragedies, nay even their comedies, in rhime. While
the poet is obliged to enervate his language, and check
the flow of compofition, for the fake of linking his
lines together, the judicious adlor finds more difliculty
in deRroying the appearance of that meafure, and pre¬
venting the clinking of the rhimes, than in all the reft
of his talk.—After this, wTe will not be furprifed to
find Voltaire attempt an epic poem in this fpecies of
poetry •, although the more judicious Fenelon in his
Telemaque had ihown to his countrymen the only fpe¬
cies of poefy that their language could admit of for
any poem which afpired to the dignity of the epic
ftrain.—Madam Defliouliers, in her Idyllie, has Ihown
the utmoft extent of harmony to which their language
can attain in fmaller poems : indeed in the tendernefs
of an elegy, or the gaiety of a fong, it may fucceed j
but it is fo deftitute of force and energy, that it can
never be able to reach the pindaric, or even perhaps
the lyric ftrain,—as the ineffectual efforts even of the
harmonious Rouffeau, in his tranllation of the Pfalms
of David, of this Ramp, may fully convince us.
With regard to its powers in other fpecies of com¬
pofition, the fententious rapidity of Voltaire, and the
more nervous dignity of Rouffeau, afford us no fmall
prefumption, that, in a Ikilful hand, it might acquire
fo much force, as to tranfmit to futurity hiftorkal
faCts in a Ryle not altogether unworthy of the fubjeft.
In attempts of pathetic declamation, the fuperior abi¬
lities of the compofer may perhaps on fome occafions
excite a great idea ; but this is ever cramped by the
genius of the language : and although no nation in
Europe can boafl of fo many orations wdiere this gran¬
deur is attempted ; yet perhaps there are few who can¬
not produce more perfect, although not more laboured,
compofitions of this kind.
But notwithftanding the French language labours
under all thefe inconveniences j although it can neither
equal the dignity or genuine politenefs of the Spanilh,
the nervous boldnefs of the Englifli, nor the melting
fofthefs of the Italian 5 although it is deflitute of
poetic
LAN [ 5
^ w£n5ge‘ Poct,c harmony, and fo much cramped in found as to be
,r~" abfo’utelv unfit for almoft every fpecies of mufical com-
pofition (f) ; yet the fprightly genius of that volatile
^ people has been able to furmount all thefe difficulties,
admirably an'-' lcnder it the language moft generally efteemed.
fir d for and mod univerfally ipoken of any in Europe ; for
hg'v con- this people, naturally gay and loquacious, and fond to
v~r a ion. excefs of thofe (uperficial accompliffiments which en¬
gage the attention of the fair fex, has invented fuch
an infinity of words capable of expreffing vague and
unmeaning compliment, now dignified by the name of
politcnefs, that, in this drain, one who ufes the French
can never be at a lofs $ and as it is eafy to converfe
more, and really fay lefs, in this than in any other lan¬
guage, a man of very moderate talents may didlnguiffi
himfelf much more by ufing this than any other that
has ever yet been invented. On this account, it is
peculiarly well adapted to that fpecies of converfation
which mud ever take place in thofe general and pro-
mifcuous companies, wffiere many perfons of both fexes
are met together for the purpofes of relaxation or
amufement ; and mud of courfe be naturally admitted
into the courts of princes, and affemblies of great per-
fonages, who, having fewer equals with wffiom they
can affociate, are more'under the neceffity of converfing
with ftrangers, in whofe company the tender dimulus
of friend (hip does not fo naturally expand the heart to
mutual trud or unredrained confidence. In thefe cir-
cumdances, as the heart remaineth difengaged, conver¬
fation mud necedarily Hag ; and mankind in this (kua-
tion will gladly adopt that language in which they
can converfe mod eadly without being deeply intered-
ed. On tbefe accounts the French now is, and pro¬
bably will continue to be, reckoned the mod polite
language in Europe, and therefore the mod generally
ftudied and known : nor diould we envy them this
didinction, if our countrymen would not weaken and
enervate their own manly language, by adopting too
38 many of their unmeaning phrafes.
The fxcel- The Englidi is perhaps poffefled of a greater de-
dTfeSs of ^re-e of excellence» blended with a greater number of
the Englifli defers, than any of the languages we have hitherto
-tongue. mentioned. As the people of Great Britain are a
bold, daring, and impetuous race of men, fubjedl to
ftrong paffions, and from the abfolute freedom and
independence which reigns amongd all ranks of people
throughout this happy ifle, little felicitous about con-
.34 1 LAN
trolling tliefepafrioii5*,—9ur language takes Its ftrong.
ed chara&eridical didimdion from the genius of the
people ; and, being bold, daring, and abrupt, is ad-
mirably wel! adapted to exprefs thofe great emotions
which ipnng up m an intrepid mind at the profpe<a
oi mteredmg events. Peculiarly hapny too in t f uli
and open founds of the vowels, which forms the cha-
ra/lendic t.one the language, and in the ftrong uffi
o( the afpirate H in almod all thofe words which are
u.ed as exclamations, or marks of drong emotions up¬
on intereding occafions, that particular clafs of words
called have, in our language, more of that
tuineis and unredrained freedom of tones, in which
their chief power confids, and are puffied’forth from
the mmod receffes of the foul in a more 'forcible and
unredrained manner, than in any other language what¬
ever. Hence it is more pecu'iarly adapted' for the
great and intereding feenes of the drama than any
language that has yet appeared on the globe. Nor
has any other nation ever arrived at that perfection
which the Englidi may judly claim in that rafpeft •
for however faulty our dramatic compofitions may be
in iome of the critical niceties which relate to this art
—in nervous force of diftion, and in the natural ex-
preffion of thofe great emotions w-hich conditute its
(oul and energy, we claim, without diffiute, an un¬
rivalled fupenonty. Our language too, from the
great intercourfe that we have had with almod all the
nations of the globe by means of our extendve com¬
merce, and from the eminent degree of perfection
which we have attained in all the arts and fciences, has
acquired a copiouffiefs beyond what any other modem
language can lay claim to-, and even the moft partial
favourers of the Greek language are forced to acknow-
ledge that m this refpeCt, it muft give place to th^
Enghffi. Nor is it lefs happy in that facility of con-
ftruChon which renders it more peculiarly adapted to
the genius of a free people, than any other form of
language. Of an idiom purely analogous, it has de¬
viated lefs from the genius of that idiom, and poffelfes
more of the cnaraaenftic advantages attending it than
any other language that now exifts: for, while 'others,
perhaps by their more intimate connexion with the
Romans, have adopted feme of their tranfpofitions, and
clogged their language with unneceffary fetters we
have preferved ourfelves free from the contagion’ and
ftill retain the primitive fimplicity of our language. Our
verbs
(F) An author of great difcernment, and well acquainted with the French language, has lately made the
fame remark ; and as the loftinefs of his genius often prevents him from bringing down his illuftrations to he
level of ordinary comprehenfion, he has on this and many other occafions been unjuftly accufed of beimr fond of
paradoxes.-—-But as mufic never produces its full effeft but when the tones it affumes are in unifon with the
tdea that the words naturally excite it of neceffity follows, that if the words of any language do not admit
that fulnefs of found, or that fpecies of tones, which the paffion or affe&ion that may be deferibed by the words
would naturally require to excite the fame idea in the mind of one who was unacquainted with the language it
will be impoffible for the mufic to produce its full effeft, as it will be cramped and confined by the found iff the
words and as the French language does not admit of thofe full and open founds which are neceffary for oathe-
tic expreffion in mufic, it mud of courfe be unfit for mufical compofition.—It is true indeed, that in modern
times, in which fo little attention is bellowed on the fimple and fublime charms of pathetic expreffion and a
fantaftical tingling of unmeaning founds is called where the fenfe of the words is loft in Wue- ouivers
and unneceflary repetition of particular fyllables-all languages are nearly fitted for it; and among’thefe the
trench: nor is it lefs to be doubted that, m the eafy gaiety of a fong, this language can properly enough
&dmii, of all the mufical expreffion which that Ipecies of compolition may require# ~ ^y
3
LAN
Language, verbs are all varied by auxiliaries (except in the in-
v - fiance we have already given* which is fo much in our
favour) ; our nouns remain free from the perplexing
embarralTment otgenders, and our pronouns mark this
dillinftion where neceflary with the moft perfeft ac¬
curacy ; our articles alfo are of courfe freed from this
unnatural encumbrance, and our adjeBives preferve
their natural freedom and independence. From thefe
caufes our language follows an order of conllrudfion
io natural and eaiy, and the rules of fyntax are fo few
and obvious, as to be within the reach of the moft or¬
dinary capacity. So that from this, and the great
clearnefs and diftindtnels of meaning with which this
mode of conftrudtion is neceflarily accompanied, it is
much better adapted for the familiar intercourfe of
private lociety, and liable to fewer errors in uling it,
than any other language yet known ; and on this ac¬
count we may boaft, that in no nation of Europe do
the lower clafs of people Ipeak their language with
fo much accuracy, or have their minds fo much en¬
lightened by knowledge, as in Great Britain. 
What then (hall we fay of the difcernment of thofe
grammarians, who are every day echoing back to one
another complaints of the poverty of our language on
account of the few and fimple rules which it requires
in fyntax ? As juftly might we complain of an inven¬
tion in mechanics, which, by means of one or two
fimple movements, obvious to an ordinary capacity,
little liable to accidents, and eafily put in order by the
rudeft hand, fhould polfefs the whole powers of a com¬
plex machine, w7hich had acquired an infinite appara¬
tus of wheels and contrary movements, the knowledge
of which could only be acquired, or the various ac¬
cidents to which it was expofed by ufing it be re¬
paired, by the powders of the ingenious artift, as com¬
plain of this charafteriftic excellence of our lano'uacre
as a defeft. & *
But if we thus enjoy in an eminent degree the ad¬
vantages attending an analogous language, we likewife
feel in a confiderable meafure the defe&s to which it is
expofed; as the number of monofyllables wfith which
it always mull be embarrafied, notwithftanding the
gieat improvements which have been made in our lan-
gujge fince the revival of letters in Europe, prevents
in iome degree that fwelling fullnefs of found which fo
powerfully contributes to harmonious dignity and
graceful cadences in literary compofitions. And as
the genius of the people of Britain has always been
more difpofed to the rougher arts of command than to
the fofter infinuations of perfuafion, no pains have been
taken to correft thefe natural defetfs of our language j
but, on the contrary, by an inattention, of which we
have hardly a parallel in the hiftory of any civilized na¬
tion, we meet with many inftances, even within this
laft century, of the harmony of lound being facrificed
to that brevity lo defirable in converfation, as many
ele, ant words have been curtailed, and harmonious fyl-
lables fupprefi'ed, to fubtlitute in their dead others,
Ihorter indeed, but more barbarous and uncouth. Nay,
o little attention have our forefathers bellowed upon
the harmony of founds in our language, that one would
e tempted to think, on looking back to its primitive
date that they had on fome occafions dinhoufly de-
J lC' ^ur language, at its fird formation, leems
to have laboured under a capital defeft in point of
C 535 ]
LAN
found, as fuch a number of S’s enter into ttae forma- Language.,
tion of our wmrds, and fuch a number of letters and 1v -(
combinations of other letters affume a limilar found, as
to give a general hifs through the whole tenor of out-
language, which mud be exceedingly difagreeable to
every unprejudiced ear. We would therefore have na¬
turally expedled, that at the revival of letters, when
our forefathers became acquainted with the harmoni¬
ous languages of Greece and Rome, they would have
acquired a more corre£l tade, and endeavoured, if
podible, to diminilh the prevalence of this difgufting
found. But fo far have they been from thinking of
this, that they have multiplied this letter exceedingly,
i. he plurals of almod all our nouns were originally
formed by adding the harmonious fyllable en to the
lingular, which has given place to the letter j- ; and
indead of houfen formerly, we now fay houfes. In
like manner, many of the variations of our verbs were
formed by the fyllable eth, which we have likewife
changed into the fame difagreeable letter; fo that,
indead of loveth, moveth, writeth, walketk, &c. we
have changed them into the more modifh forms of lovesy
moves, writes, walks, &c. Our very auxiliary verbs
have differed the fame change j and indead of hath
and doth, we now make ufe of has and does. From
thefe caufes, notwithdanding the great improvements
which have been made in language, within thefe few
centuries, in other refpe&s; yet, with regard to the
pleafingnefs of found alone, it was perhaps much more
perfeft in the days of Chaucer than at prefent j and - 6
although cudom may have rendered thefe founds fo fa¬
miliar to our ear, as not to affedl us much ; yet to an
unprejudiced perfon, unacquainted with our language,
v/e have not the fmalled doubt but the language of
Bacon or Sidney would appear more harmonious than
that of Robertfon or Hume. This is indeed the funda¬
mental defeat of our language, and loudly calls for re¬
formation. .
But notwithdanding this great and radical de-
fed! with regard to pleafingnefs of founds, which muff
be fo drongly perceived by every one who is unac¬
quainted with the meaning of our words; yet to thofe
■who underdand the language, the exceeding copiouf-
nefs which it allows in the choice of words proper for
the occadon, and the nervous force which the perfpi-
cuity and graceful elegance the emphafis bedows upon
it, make this defedt be totally overlooked ; and we
could produce fuch numerous works of profe, which
excel in almod every different dyle of compofition, as
would be tirefome to enumerate : every reader of tade
and difcernment will be able to recoiled! a fufficient
number of writings which excel in point of dyle, be-
tween the graceful and becoming gravity fo confpicu-
ous in all the works of the author of the Whole duty of
Man, and the animated and nervous diclion of 'Ro¬
bertfon in his Hidory of Charles the Fifth,—the more
flowery dyle of Shaftelbury, or the Attic fimplicity
Ffnd elegance of Addifon. But although we can equal,
if not furpafs, every modern language in works of
profe, it is in its poetical powers that our language
dunes forth with the -greated ludre. The brevity ?o
which we mud here neceffarily confine ourfelves, pre¬
vents us from entering into a minute examination of
the poetical powers of our own, compared with other
languages j otherwife it would be eafy to diow, that
every /
LAN [ 53(5 ] LAN
; e'/ery otlier modern language labours under great re-
•flraints in this refpedl which ours is freed from ;—that
cur language admits of a greater variety of poetic
movements, and diverfity of cadence, than any of the
admired languages of antiquity j that it diftinguilhes
with the greateft accuracy between accent and quan¬
tity, and is poffeffed of every other poetic excellence
which their languages were capable of: fo that wre
are poffeffed of all the fources of harmony tvhich they
could boaft j and, befides all thefe, have one fuper-
added, which is the caufe of great variety and more
forcible expreffion in numbers than all the reft j that
is, the unlimited power given by the emphafis over
quantity and cadence ; by means whereof, a neceffary
union between found and fenfe, numbers and meaning,
in verftfication, unknown to the ancients, has been
brought about, which gives our language in this re-
fpebf a fuperiority over all thofe juftly admired lan-
.guages. But as we cannot here further purfue this
lubjedt, we lhall only obferve, that thefe great and
diftinguiftiing excellencies far more than counterba¬
lance the inconveniences that we have already men¬
tioned : and although, in mere pleafantnefs of founds,
or harmonious flowr of fyllables, our language may be
inferior to the Greek, the Latin, Italian, and Spanifh j
yet in point of manly dignity, graceful variety, intui¬
tive diftinflnefs, nervous energy of expreflion, uncon-
ftrained freedom and harmony of poetic numbers, it
■will yield the palm to none. Our immortal Milton,
flowly riling in graceful majefty, Hands up as equal, if
not fuperior, in thefe refpefts, to any poet, in any other
language, that ever yet exifted •,—while Thomfon,
with more humble aim, in melody more fmooth and
flowing, foftens the foul to harmony and peace :—the
plaintive moan of Hammond calls forth the tender
tear and fympathetic ligh ; while Gray’s more footh-
ing melancholy fixes the fober mind to filent contem¬
plation :—more tender Hill than thefe, the amiable
Shenftone comes j and from his Doric reed, ftill free
from courtly affe&ation, Hows a ftrain fo pure, fo
fimple, and of fuch tender harmony, as even Arcadian
Ihepherds would be proud to own. But far before
the reft, the daring Shakefpeare fteps forth confpicu-
ous, clothed in native dignity j and, prefling forward
whh unremitting ardour, boldly lays claim to both
dramatic crorvns held out to him by Thalia and Mel¬
pomene :—his rivals, far behind, look up, and envy
him for thefe unfading glories *, and the aftoniftied na¬
tions round, with diftant awe, behold and tremble at
his daring flight. Thus the language, equally obe¬
dient to all, bends with eafe under their hands, what¬
ever form they w7ould have it affume ; and, like the
yielding wax, readily receives, and faithfully tranfmits
to pofterity, thofe impreflions which they have damp¬
ed upon it.
Such are the principal outlines of the language of
Great Britain, fuch are its beauties, and fuch its moft
capital defefts j a language more peculiarly circum-
ffanced than any that has ever yet appeared.—It is
the language of a great and powerful nation, whofe
fleets furround the globe, and whofe merchants are in
every port j a people admired or revered by all the
world :—and yet it is lefs known in every foreign
country than many of the other languages in Europe.
In it are written more perfect treatifes on every art and
i
fcience than are to be found in any other language Languag*.
yet it is leis fought after or efteemed by the literati in —w— —
any part of the globe than almoft any of thefe. Its
fuperior powers for every purpofe of language are fuf-
ficiently obvious from the models of perfection in al¬
moft every particular w'hich can be produced in it : 
yet it is neglected, defpifed, and vilified by the people
who ufe it ; and many of thofe authors who owe al-
moft the whole of their fame to the excellence of the
language in which they wrote, look upon that very
language with the higheft contempt. Neglected and
defpifed, it has been trodden under foot a» a thing al¬
together unworthy of cultivation or attention. Yet
in fpite of all thefe inconveniences, in fpite of the
many wounds it has thus received, it ftill holds up its
head, and preferves evident marks of that comelinefs
and vigour which are its characteriftical diftinction.
Like a healthy oak planted in a rich and fertile foil,
it has fprung up with vigour : and although neglefted,
and fuffered to be overrun with wxeds j although ex-
pofed to every blaft, and unprotedbed from every vio¬
lence ; it ftill beareth up under all thefe inconveniences,
and ftioots up with a robuft healthinefs and wdld luxu¬
riance of growth. Should this plant, fo found and
vigorous, be now cleared from thofe weeds with which
it has been fo much encumbered ;—ftiould every ob-
ftacle which now buries it under thick lhades, and
hides it from the view of every paffenger, be cleared
away ;—Ihould the foil be cultivated with care, and a
ftrong fence be placed around it, to prevent the idle or
the wicked from breaking or dittorting its branches ; 
who can tell with what additional vigour it would
flourilh, or what amazing magnitude and perfection
it might at laft attain !—How would the aftoniftied
world behold, with reverential awe, the majeftic grace-
fulnefs of that object which they fo lately defpifed !
Beauty of Language confulercd in regard to Compofi-
tion. The beauties of language may be divided into
three claffes : I. Thofe which arife from found j
2. Thofe which refpect fignificance ; 3. Thofe derived
from a refemblance between found and fignification.
I. With refpeB to found. In a curfory view, one Elements of
would imagine, that the agreeablenefs or difagreeable- Criticifm.
nefs of a vrord with refpect to found, fhould depend
upon the agreeablenefs or difagreeablenefs of its com¬
ponent fyllables : which is true in part, but not en¬
tirely 5 for we muft alfo take under confideration the
effect of fyllables in fucceflion. In the firft place,
Syllables in immediate fucceflion, pronounced each of
them with the fame, or nearly the fame, aperture of
the mouth, produce a fucceflion of weak and feeble
founds ; witnefs the French words dit il, pathetique : on
the other hand, a fyllable of the greateft aperture fuc-
ceeding one of the fmalleft, or the contrary, makes
a fucceflion which, becaufe of its remarkable difa¬
greeablenefs, is diftinguilhed by a proper name, viz.
hiatus. The moft agreeable fucceflion is, where the
cavity is increafed and diminifhed alternately, within
moderate limits : examples, Alternative, longevity, pu-
ftllanimous. Secondly, Words confifting wholly of fyl¬
lables pronounced flow, or of fyllables pronounced
quick, commonly called long and Jhort fyllables, have
little melody in them ; witnefs the words petitioner,
fruiterer, di^zinefs; on the other hand, the intermix¬
ture of long and ftiort fyllables is remarkably agree¬
able j
LAN C 537 1 LAN
Language- able ; for example, degree^ repent^ wonderful, altitude,
' ' “ sr—- rapidity, independent, impetuojity; the caufe of which
is explained in Poetry, Part II.
To proceed to the mufic of periods. As the ar¬
rangement of words in fucceflion, fo as to afford the
greatefl pleafure to the ear, depends on principles re-
• mote from common view, it will be neceffary to pre-
.mile fome general obfervations upon the appearance
that cbjedfs make when placed in an increaling or de-
creafing feries j which appearance will vary according
to the prevalence of refemblar.ee or of contrail. Where
the objedls vary by fmall differences fo as to have a
mutual refemblance, we in afeending conceive the fe-
cond objefl of no greater fize than the firft, the third
of no greater fize than the fecond, and fo of the reft ;
which diminifheth in appearance the fize of every ob-
je£l except the firft : but when beginning at the great-
eft obje6l, we proceed gradually to the leaft, refem¬
blance makes us imagine the fecond as great as the
firft, and the third as great as the fecond ; which in
appearance magnifies every objedl except the firft. On
the other hand, in a feries varying by large differences,
where contraft prevails, the effects are diredlly oppo-
fite : a great objeft fucceeding a fmall one of the fame
kind, appears greater than ufual; and a little objedl
‘ Sre Re fucceet^ng one that is great, appears lefs than ufual |.
/evtblante. ■^•ence a remarkable pleafure in viewing a feries afeend¬
ing by large differences $ diredtly oppofite to what we
feel when the differences are fmall. The leaft obje£t
of a feries afeending by large differences has the fame
effeeft upon the mind as if it flood Angle without ma¬
king a part of the feries : but the fecond object, by
means of contraft, appears greater than when viewed
fingly and apart j and the effedl is perceived in afeend¬
ing progreflively, till we arrive at the laft objefl. The
oppofite effeft is produced in defeending 5 for in this
dire&ion, every obje£l, except the firft, appears lefs
than when viewmd feparately and independent of the
feries. We may then affume as a maxim, wrhich will
hold in the compofition of language as well as of other
fubje&s, That a ftrong impulfe fucceeding a weak,
makes a double impreifion on the mind ; and that a
weak impulfe fucceeding a ftrong, makes fcarce any
impreflion.
After eftabliftiing this maxim, we can be at no lofs
about its application to the fubjedt in hand. The
f Deftrult. following rule is laid down by Diomedes f. “ In verbis
■ferfeRa . obfervandum eft, ne a majoribus ad minora defeendat
or at. fib. ii orati0 j melius enim dicitur, Vir ef optimus, quam,
Vir opttmus ejiy This rule is allb applicable to entire
members of a period, which, according to our author’s
expreflion, ought not, more than fingle words, to
proceed from the greater to the lefs, but from the
lefs to the greater. In arranging the members of a
period, no writer equals Cicero : The following ex¬
amples are too beautiful to be flurred over by a refe¬
rence.
Quicum quteftor fueram,
Qujcum me fors confuetudoque majorum,
Quicum me deorum hominumque judicium conjuxerat.
Again :
Habet honorem quem petimus,
Habet fpem quam praepofitam nobis habemus,
Vol. XL Part Q.
Habet exiftimationem, multo fudore, labore, vigi-
liifque, colledlam.
Again :
Eripite nos ex miferiis,
Eripite nos ex faucibus eorum,
Quorum crudelitas noftro fanguine non poteft cxpleri,
De Oratore, lib. i. § J2.
This order of words or members gradually increafing
in length, may, fo far as concerns the pleafure of found,
be denominated a climax in Jound.
\vith refpebt to the mufic of periods as united in a
difeourfe, this depends chiefly on variety. Pierce a
rule for arranging the members of different periods
with relation to each other ; That to avoid a tedious
uniformity of found and cadence, the arrangement,
the cadence, and the length of the members, ought
to be diverfified as much as poftible : and if the mem¬
bers of different periods be fufficiently diverfified, the
periods themielves will be equally fo.
IT With refpeB to fgnijication. The beauties of
language with refpebt to fignification, may not impro¬
perly be diftinguiihed into two kinds: firft, the beauties
that a rife from a right choice of words or materials for
conftruCling the period ; and next, the beauties that
arife from a due arrangement of thefe words or mate¬
rials.
1. Communication of thought being the chief end of
language, it is a rule, That perfpicuity ought not to be
facrificed to any other beauty whatever. Nothing,
therefore, in language ought more to be ftudied, than
to prevent all obfeurity in the expreffion ; for to have
no meaning, is but one degree worfe than to have a
meaning that is not underftood. We fhall here give a
few examples where the obfcurity arifes from a wrong
choice of words.
Livy, fpeaking of a rout after a battle, “ Multique
in ruina majore quam fuga opprefli obtruncatique.”
i his author is frequently obfeure by exprefiing but part
of his thought, leaving it to be completed by his read¬
er. His defeription of the fea fight, lib. 28. cap. 30. is
extremely perplexed.
Unde tibi reditum certo fubtemine Parcaj
Rupere. Horat.
Qui perfaepe cava teftudine flevit amorem,
Non elaboratum adpedem. Jd,
t
Me fabulofte Vulture in Appulo,
Altricis extra limen Apulite,
Ludo, fatigatumque fomno,
Fronde nova puerum palumbes
Texere.
Purse rivus aquas, filvaque jugerum
Paucorum, et fegetis certa fides meje,
P’ulgentem imperio fertilis Africae
Faiht forte beatior.
Cum fas atque nefas exiguo fine libidinum
Difcernunt avidi. *
Ac fpem fronte ferenat. Virg.
The rule next ifl^order is, That the language ought
3 Y 'to
LAN [ 538 ] LAN
Language, to correfponcl to the fubjeft : heroic actions or fenti-
' ’ v mentS require elevated language ; tender fentiments
ought to be expreffed in words foft and flowing ; and
plain language, void of ornament, is adapted to uibjedls
* grave and dida&ic. Language may be confidered as
the drefs of thought 5 and where the one is not fuited
to the other, we are fenlible of incongruity, in the
fame manner as where a judge is drefled like a fop, or
a peafant like a man of quality. Where the impreflion
made by the words refembles the impreffion made by
the thought, the fimilar emotions mix fweetly in the
mind, and double the pleafure j but where the im-
prefiions made by the thought and the words are diffi-
milar, the unnatural union they are forced into is dif-
agreeable.
This concordance between the thought and the
word has been obferved by every critic, and is fo
well underftood as not to require any illuftration.
But there is a concordance of a peculiar kind that has
fcarcely been touched in works of criticifm, though
it contributes to neatnefs of compofitiofi. It is what
follows.
In a thought of any extent, we commonly find fome
parts intimately united, fome fiightly, fome disjoined,
and fome direftly oppofed to each other. To find thefe
conjunctions and disjunctions imitated in the expreflion,
is a beauty j. becaufe fuch imitation makes the words
concordant with the fenfe. This doCtrine may be il-
luftrated by a familiar example : When we have occa-
fion to mention the intimate connexion that the foul
hath with the body, the ex predion ought to be, the
foul and body ; becaufe the article the, relative to both,
makes a connexion in the expreffion, refembling in
fome degree the connexion in the thought ; but when
the foul is diilinguifhed from the body, it is better to
fay the foul and the body ; becaufe the disjunction in the
words refembles the disjunction in the thought. We
proceed to other examples, beginning with conjunc¬
tions.
“ Conftituit agmen *, et expedire tela animofque,
equitibus juffis,” &c. Zfyy, lib.38. $ 25. Here the words
that exprefs the connected ideas are artificially connect¬
ed by fubjeCting them both to the regimen of one verb.
And the two following are of the fame kind.
“ Quum ex paucis quotidie aliqui eorum caderent aut
vulnerarentur, et qui fuperarent, feffi et corporibus et
animis effent, &c. Ibid. $ 29.
 ——The fiend look’d up, and knew
His mounted fcale aloft ; nor more, but tied
Murm’ring, and with him fled the (hades of night.
Faradife Lof, book iv. at the end.
There is no natural connection between a perfon’s fly¬
ing or retiring, and the fucceflion of daylight to daric-
nefs $ and therefore to conneCt artificially the terms that
fignify thefe things cannot have a fweet effeCt.
Two members of a thought connected by their rela¬
tion to the fame aCtion, will naturally be exprefl'ed by
two members ot the period governed by the fame verb j
in which cafe thefe members, in order to improve their
connection, ought to be conftruCted in the fame man¬
ner. This beauty is fo common among good waiters as
to have been little attended to; but the negleCt of it is
remarkably difagreeable : for example, “ He did not
mention Leonora, nor that her father wTas dead.” Bet¬
ter thus: “ He did not mention Leonora, nor her fa¬
ther’s death.”
Where two ideas are fo connefted as to require but
a copulative, it is pleafant to find a connexion in the
words that exprefs thefe ideas, were it even fo flight as
where both begin with the fame letter. Thus,
“ The peacock, in all his pride, does not difplay half
the colour that appears in the garments of a Britilh
lady, when (he is either dreffed for a ball or a birth¬
day.” Spe£l.
“ Had not my dog of a fteward run away as he did,
without making up his accounts, I had dill been im-
merfed in fin and fea-coal.” Ib.
My life’s companion, and my bofom friend,
One faith, one fame, one fate (hall both attend.
Dry DEN, Tranfation of JEneid.
Next, as to examples of disjunction and oppofition
in the parts of the thought, imitated in the expreffion j
an imitation that is diltinguilhed by the name of anti-
thefs.
Speaking of Coriolanus foliciting the people to be
made conful:
With a proud heart he wore his humble w'eeds.
Coriolanus.
“ Had you rather Caefar were living, and die all
Haves, than that Caefar were dead, to live all free men ?”
Julius Ccefar.
Language,
Pod acer Mnedheus addufto conditit arcu,
Alta petens, pariterque oculos telumque tetendit.
JEncid, v. 507.
But to judify this artificial connexion among the
wmrds, the ideas they exprefs ought to be intimately
conneded; for otherwife that concordance which is
required between the fenfe and the expreffion will
be impaired. In that view, the following paffage
from Tacitus is exceptionable j where words that
fignify ideas very little connefted, are however forced
into an artificial union. “ Germania omnis a Gallis,
Rhsetiifque, et Pannoniis, Rheno et Danubio flumini-
bus ^ a Sarmatis Dacifque, mutuo metu aut montibus fe-
paratur.”
Upon the fame account, the following paflage feems
equally exceptionable.
He hath cool’d my friends and heated mine enemies.
Shakespeare.
An artificial conneClion among the words, is un¬
doubtedly a beauty when it reprefents any peculiar
conneClion among the condituent parts of the thought;
but where there is no fuch conneClion, it is a pofitive
deformity, becaufe it makes a difcordance between the
thought and expreffion. For the fame reafon, we ought
alfo to avoid every artificial oppofition of words where
there is none in the thought. This lad, termed ver¬
bal antithefs, is dudied by low writers, becaufe of a
certain degree of livelinefs in it. They do not con-
fider how incongruous it is, in a grave compofition, to
cheat the reader, and to make him expeCl a contraft
in the thought, which upon examination is not found
there.
A
LAN [ 539 ] LAN
A fault direftly oppofite to the laft mentioned, is to
conjoin artificially words that exprefs ideas oppofed to
each other. This is a fault too grofs to be in common
pra&ice ; and yet writers are guilty of it in fome de¬
gree, when they conjoin by a copulative things tranf-
a£ted at different periods of time. Hence a want of
neatnefs in the following expreflion : “ The nobility
too, whom the king had no means of retaining by fuit-
able offices and preferments, had been feized with the
general difcontent, and unwarily threw themfelves into
the fcale which began already too much to preponde¬
rate.” Hume. In periods of this kind, it appears
more neat to exprefs the pad time by the participle
paffive, thus : “ The nobility having been feized with
the general difcontent, unwarily threw themfelves,” &c.
or, “ The nobility, who had been feized, &c. unwarily
threw themfelves,” &c.
It is unpleafant to find even a negative and affirma¬
tive propofition connedled by a copulative :
If it appear not plain, and prove untrue,
Deadly divorce ftep between me and you.
Shakespeare.
In mirth and drollery it may have a good effeifl: to
connedl verbally things that are oppofite to each other
in the thought. Example : Henry IV. of France in¬
troducing the marefchal Biron to fome of his friends,
“ Here, gentlemen (fays he) is the marefchal Biron,
whom I freely prefent both to my friends and ene¬
mies.”
This rule of ftudying uniformity between the thought
and expreffion may be extended to the conftrudlion of
fentences or periods. A fentence or period ought to
exprefs one entire thought or mental propofition j and
different thoughts ought to be feparated in the expref¬
fion by placing them in different fentences or periods. It
is therefore offending againft neatnefs, to crowd into
one period* entire thoughts requiring more than one ;
which is joining in language things that are feparated
in reality. Of errors againft this rule take the follow¬
ing examples :
“ Behold, thou art fair, my beloved, yea pleafant :
alfo our bed is green.”
Burnet, in the hiftory of his own times, giving Lord
Sunderland’s charadler, fays j “ His own notions were
always good ; but he was a man of great expence.”
“ I have feen a woman’s face break out in heats, as
fhe has been talking againft a great lord, whom ffie
had never feen in her life j and indeed never knew a
party-w'oman that kept her beauty for a twelvemonth.”
SpeB.
Lord Bolingbroke, fpeaking of Strada : “ I fingle
him out among the moderns, becaufe he had the foolifti
prefumption to cenfure Tacitus, and to write hiftory
liimfelf; and your lordlhip will forgive this ftiort excur-
fion in honour of a favourite writer.”
To crowd into a fingle member of a period different
fubje&s, is ftill worfe than to crowd them into one pe¬
riod.
>    .... Trojam genitore Adamafto
Paupere (manfiffetque utinam fortuna !) profe<51us.
JEneid \\\. 614.
From conjunctions and disjunctions in general, we
proceed to comparffons, which make one fpecies of
them, beginning with fimiles. And here alfo, the in- ~
timate connection that words have w'ith their meaning
requires, that in defcribing two refembling objeCts, a
refemblance in the two members of the period ought
to be ftudied. To begin with examples of refemblances
expreffed in words that have no relemblance.
■“ I have obferved of late, the ftyle of fome great
minifters very much to exceed that of any other pro¬
ductions.” Swift. This, inftead of ftudying the re¬
femblance of words in a period that expreffes a com-
parifon, is going out of one’s road to avoid it. In¬
ftead of produBEns, which referable not minifters great
nor fmall, the proper word is writers or authors.
“ I cannot but fancy, however, that this imitation,
which paffes fo currently with other judgements, muft at
fome time or other have ftuck a little with your lord-
Jhip.” Shaftejb. Better thus : “ I cannot but fancy,
however, that this imitation, which paffes fo currently
with others, muft at fome time or other have ftuck a
little with your lordjhip?''
“ A glutton or mere fenfualift is as ridiculous as the
other two characters.” Id.
“ They wifely prefer the generous efforts of good wilt
and affeBion, to the reluCtant compliances of fuch as
obey by force.” Bohngb.
It is a ftill greater deviation from congruity, to af-
TeCt not only variety in the words, but alfo in the con-
ftruCtion.
Hume fpeaking of Shakefpeare : “ There may re¬
main a fufpicion that we overrate the greatnefs of his
genius, in the fame manner as bodies appear more gi¬
gantic on account of their being difproportioned and
miftiapen.” This is ftudying variety in a period where
the beauty lies in uniformity. Better thus: “ There
may remain a fufpicion that we overrate the greatnefs
of his genius, in the fame manner as we overrate the
greatnefs of bodies that are difproportioned and
mifhapen.”
Next of comparifon where things are oppofed to
each other. And here it muft be obvious, that if re¬
femblance ought to be ftudied in the words which ex¬
prefs two refembling objeCls, there is equal reafon for
ftudying oppofition in the words which exprefs con-
trafted objeCfs. This rule will be beft illuftrated by
examples of deviations from it.
“ A friend exaggerates a man’s virtues •, an enemy
inflames his crimes.” SpeB. Here the oppofition in
the thought is negleCted in the words $ which at firft
view feem to import, that the friend and enemy are
employed in different matters, without any relation to
each other, whether of refemblance or of oppofition.
And therefore the contrail or oppofition wall be better
marked by expreffing the thought as follows : “ A
friend exaggerates a man’s virtues, an enemy his
crimes.”
“ The wife man is happy when he gains his own ap¬
probation ; the fool when he recommends himfelf to
the applaufe of thofe about him.” lb. Better : “ The
wife man is happy when he gains his own approbation,
the fool when he gains that of others.”
We proceed to a rule of a different kind. During
the courfe of a period, the fcene ought to be continued
without variation: the changing from perfon to perfon,
3 Y 2 from
.Ij A. N £ 540
^Language from fuljecl to fubjeft, or from perfon to fubjeS, within
' the bounds of a fingle period, diftrafts the mind, and
affords no time for a folid impreffion.
Hook, in his Roman hiffory, fpeaking of Eumenes,
who had been beat to the ground with a flone, fays,
“ After a Oiort time he came to himfelf; and the next
day they put him on board his fiiip, which conveyed
him firit to Corinth, and thence to the iiland of
/n. Of inn
The following period is unpleafant, even by a very
flight deviation from the rule : “ That fort of inftruc-
tion which is acquired by inculcating an important
moral truth,” &c. This exprelfion includes two per-
ions, one acquiring, and one inculcating j and the
feene is changed without neceflity. To avoid this
blemifh, the thought may be expreffed thus : “ That
fort of inftruftion which is afforded by inculcating,”
8tc,
The bad effect of fuch a change of perfon is remark¬
able in the following paffage : “ The Britons, daily
haraffed by cruel inroads from the Pi&s, were forced
to call in the Saxons for their defence, who confequent-
ly reduced the greateft part of the iiland to their own
power, drove the Britons into the moft remote and
mountainous parts, and the rejl of the country, in cur-
toms, religion, and language, became wholly Saxon.”
Swift.
The following paffage has a change from fubjeft to
perf .n : “ This proftitution of praife is not only a deceit
upon the grofs of mankind, who take their notion of
characters from the learned ; but alfo the better fort muff:
by this means lofe fome part at leaff of that defire of
fame which is the incentive to generous aftions, when
they find it promifcuoully beftowed on the meritorious
and undeferving.” Guardian, N® 4.
The prefent head, which relates to the choice of ma¬
terials, (hall be clofed with a rule concerning the ufe of
copulatives. Longinus obferves, that it animates a pe¬
riod to drop the copulatives •, and he gives the follow¬
ing example from Xenophon : “ Clofing their fhields
together, they were pulhed, they fought, they flew,
they were flain.” The reafon may be what follows.
A continued found, if not loud, tends to lay us afleep :
an interrupted found roufes and animates by its repeated
impulfes: thus feet compofed of Syllables, being pro¬
nounced with a lenfible interval between each, make
more lively impreffions than can be made by a continued
found. A period of which the members are connected
by copulatives, produceth an effeCl upon the mind ap¬
proaching to that of a continued found j and therefore
the fupprefling copulatives muff animate a defeription.
It produces a different effeCl akin to that mentioned ;
the members of a period conneCled by proper copula¬
tives, glide fmoothly and gently along 5 and are a proof
of fedatenefs and leifure in the fpe^ker : on the other
hand, one in the hurry of paffion, neglefting copula¬
tives and other particles, expreffes the principal image
only ; and for that reafon, hurry or quick aClion is beff
expreffed without copulatives :
Veni, vidi, vici.
] LAN
Qmis globus, O elves, caligine volvitur atra ?
Terte citi ferrum, date tela, fcandite muros.
Hoftis adeff, eja, TEneid, ix. 37.
Language.
Ite
E'erte cid flammas, date vela, impellite remos.
JEneid, iv. 593.
In this view7 Longinus juiuy compares copulatives in a
period to ftrait tying, which in a race obttrutls the-free¬
dom of motion. . •
It follows, that a plurality of copulatives in the fame
period ought to be avoided ; for if the laying afide co-
pulatives give force and livelinefs, a redundancy of them
muff render the period languid. The following inffance
may be appealed to, though there are but two copula¬
tives : “ Upon looking over the letters of my female
correfpondents, 1 find feveral from women complaining
of jealous hufbands ; and at the fame time proteffing
their own innocence, and defiring my advice upon this
occafion.” Spell.
Where the words are intended to exprefs the cold-
neis of the fpeaker, there indeed the redundancy of co¬
pulatives is a beauty :
‘ Dining one day at an alderman’s in the city, Peter
‘ obferved him expatiating after the manner of his hre-
‘ th ren in the praifes of his furloin of beef. “ Beef
“ (faid the fage magiftrate) is the king of meat : beef
“ comprehends in it the quinteffence of partridge, and
“ quail, and venifon, and pheafant, and plum pudding.
“ and cuftard.” Tale of a Tub, § 4. And the au¬
thor (hows great delicacy of taffe by varying the ex-
preflion in the mouth of Peter, who is reprefented more
animated : “ Bread (fays he), dear brothers, is the
“ ftaff of life j in which bread is contained, inclujiue,
“ the quinteffence of beef, mutton, veal, venifon, par-
“ tridge, plum pudding, and cuflard.”
Another cafe muff alfo be excepted. Copulatives
have a good effeft where the intention is to give an
impreflion of a great multitude confiding of many di-
vifions; for example : ‘ The army w-as compofed of
Grecians, and Caiians, and Lycians, and Pamphylians,
and Phrygians.’ The reafon is, that a leifurely fur-
vey, which is expreffed by the copulatives, makes the
parts appear more numerous than they would do by a
hafty furvey : in the latter cafe, the army appears in
one group •, in the former, we take as it were an accu¬
rate furvey of each nation, and of each divifion.
2. To pave the way for the rules of arrangement, it
will here be neceffary to explain the difference between
a natural ftyle and that where tranfpofition or inver-
fion prevails. In a natural ftyle, relative words are
by juxtapofition connefted wuth thofe to which they
relate, going before or after, according to the pecu¬
liar genius of the language. Again, a circumftance
connefted by a prepofition, follows naturally the wmrd
with w'hich it is connefted. But this arrangement may
be varied, when a different order is more beautiful : a
circumftance may be placed before the word wfith which
it is connefted by a prepofition j and may be interjeft-
ed even between a relative word and that to which it re¬
lates. When fuch liberties are frequently taken, the
ftyle becomes inverted or tranfpofed.
But as the liberty of inverfion is a capital point in
the prefent fubjeft, it wall be neceffary to examine it
more narrowly, and in particular to trace the feveral
degrees in which an inverted ftyie recedes more and
more from that which is natural. And firft, as to the
placing
LAN [ 541
^Language placing a circumftance before the word witn which it
is connefted, this is the eafieft of all inverfion, even fo
eafy as to be confident with a ftyle that is properly
termed natural: witnefs the following examples.
“ In the fincerity of my heart, I profefs,” &c.
“ By our own ill management, we are brought to
fo low an ebb of wealth and credit, that,” &c.
On Thurfday morning there was little or nothing
tranfa&ed in Change-alley.”
“ At St Bride’s .church in Fleetdreet, Mr Woolfton
(who wroteagainft the miracles of our Saviour),in theut-
moft terrors of confcience, made a public recantation.”
I he interjecting a circumftance between a relative
word and that to which it relates, is more properly
termed inverjton ; becaufe, by a disjunCtibn of words
intimately connected, it recedes farther from a natural
ftyle,. But this licenfe has degrees; ^>r the disjunc¬
tion is more violent in fome cafes than in others.
In nature, tnough a fubjeft cannot exift without its
Qualities, nor a quality without a fubjeCt ; yet in our.
conception of thefe, a material difference may be ror
marked. We cannot conceive a quality but as belong¬
ing to fome fubjeCf : it makes indeed a part of the idea
which is formed of the fubjeCL But the oppofite holds
not ; for though we cannot form a conception of a
fubjeCt void of ail qualities, a partial conception may
be feimed of it, abftraCting from any particular qua¬
lity: we can, for example, form the idea of a fine A-
rabian horfe without regard to his colour, or of a white
borfe without regard to his fize. Such partial concep¬
tion of a fubjeCt is ftill more ealy with refpeCt to ac¬
tion or motion, which is an occafional attribute only,
and has not the fame permanency with colour or figure:
we cannot form an idea of motion independent of a bo¬
dy 5 but there is nothing more eafy than to form an idea
of a- body at reft. Hence it appears, that the degree
of inverfion depends greatly on the order in which
the related words are placed : when a fubftantive oc¬
cupies the firft place, the idea it fuggefts mull; fubfift
in the mind at leaft for a moment, independent of the
relative words afterward introduced; and that moment
njay without difficulty be prolonged by interjecting a
circumftance between the fubftantive and its connec¬
tions. 7 his liberty therefore, however frequent, will
caice alone be fufficient to denominate a ftyle invert¬
ed. The cafe is very different, where the word that
occupies the firft place denotes a quality or an aCtion ;
for as thefe cannot be conceived without a fubjeCt, they
cannot without greater violence be feparated from the
lubjedl. that follows ; and for that realon, every fuch
reparation by means of an interjefted circumftance be¬
longs to an inverted ftyle.
1 o illuftrate this doCIrine, examples .are ncceffary.
In the following, the word firft introduced does not
]
LAN
In myftic dance, not without fong, relbund language.
His praife.
Where the word firft introduced imports a relation,
the disjunction will be found more violent:
Of man’s firft difobedience, and the fruit
Of that forbidden tree, whofe mortal tafte
Brought death into the world, and all our wo,
With lofs of Eden, till one greater Man
Reftore us, and regain the blifsful feat,
Sing heav’nly mufe.
■   Upon the firm opacous globe
Of this round world, whofe firft convex divides-
The luminous inferior orbs enclos’d
From chaos and th’ inroad of darknefs old,
Satan alighted wTalks.
-On a fudden open fly,
With impetuous recoil and jarring found,
Th’ infernal doors.
-Wherein remain’d,
For what could elfe ? to our almighty foe
Clear viCIory, to our part lofs and rout.
imply a relation
-Nor Eve to iterate
Her former < -“fpafs fear’d.
  Hunger and thirft at once.
Powerful perfuiders, quicken’d at the (cent
Of that alluring fruit, urg’d me fo keen,—
Mo m that now meet’d the orient fun, now fli’ft
Witn the fix’d liars, fix’d in their orb that flies,
And ye live other wand’ring fires that move
Language would have no great power, were it con¬
fined to the natural order of ideas : By inverfion a
thoufand beauties may be compaffed, which muft be
rehnquiflied in a natural arrangement.
Rules. _ 1. In the arrangement of a period, as well
as in a right choice of words, the firft and great ob-
jeft being perfpicuity, the rule above laid down, that
pcrlpicuity ought not to be facrificed to any other
beauty, bolds equally in both. Ambiguities occafion-
ed by a wrong arrangement are of two forts; the one
where the arrangement leads to a wrong fenfe, and the
other where the fenfe is lefs doubtful. The firft, being
tne more culpable, (ball take the lead, beginning with
examples of words put in a wrong place.
HovV much the imagination of fuch a prelcncc
muft exalt a genius, we may obferve merely from the
influence which an ordinary prefence has over men.”
Shaftejb. The arrangement leads to a wrong fenfe:
the adverb merely feems by its pofition to affe& the pre¬
ceding word ; whereas it is intended to affeCI the fol¬
lowing words, an ordinary prefence; and therefore the
arrangement ought to be thus : “ How much the
imagination of fuch a prefence muft exalt a genius
we may obferve from the influence which an ordinary
prefence merely has over men.” [Or better],—“ which ■
even an ordinary prefence has over men.”
“ Slxtus the Fourth was, if I miftake not, a great
coiledor of books at leaft.” Boling. The exprefficn
here leads evidently to a wrong fenfe ; the adverb at
leaJI, ought not to be conncaed with the fubftnntive-
oooks, but with colleBor, thus: “ Sixtus the Fourth
was a great colledor at leaft, of books.”
Speaking o Louis XIV. “ If he was not the great-
eft king, he was the beft affor of majefty at leaft that
ever filled a throne.” Id. Better thus: “ If he was
not the grea ell
kin?
, Y 0 >->', . was at Laft the beft: adlor
ot majefty ” &c. Fhis arrangement removes the
wrong fenfe occafioned by the juxtapofition of maj-fl’i
and at leajl. Jjj
The -
LAN [ 542
The following examples are of a wrong arrangement
of members.
“ I have confined myfelf to thofe methods for the
advancement of piety, which are in the power of a
prince limited like ours by a drift execution of the
laws.” Swift. The ftrufture of this period leads to a
meaning which is not the author’s, viz. power limited
by a drift execution of the laws. That wrong fenfe is
removed by the following arrangement : “ I have con¬
fined myfelf to thofe methods for the advancement of
piety, which, by a drift execution of the laws, are in
the pow,er of a prince limited like ours.”
“ This morning, when one of Lady Lizard’s daugh¬
ters was looking over fome hoods and ribnands brought
by her tirewoman, with great care and diligence, I em¬
ployed no lefs in examining the box which contained
them.” Guardian. The wrong fenfe occafioned by
this arrangement, may be eafily prevented by varying
it thus : “ This morning, when, with great care and
diligence, one of Lady Lizard’s daughters was look¬
ing over fome hoods and ribbands,” &c.
“ A great done that I happened to find after a
long fearch by the fea diore, ferved me for an anchor.
Swift. One would think that the fearch was confined
to the fea diore •, but as the meaning is, that the great
done was found by the fea diore, the period ought to
be arranged thus : “ A great done that, after a long
fearch, I happened to find by the fea fhore, ferved me
for an anchor.”
Next of a wrong arrangement where the fenfe is left
doubtful ; beginning, as in the former fort, with ex¬
amples of a wrong arrangement of words in a mem-
ber. _
“ Thefe forms of converfation by degrees multiplied
and grew troublefome.” SpeEl. Here it is left doubt¬
ful whether the modification by degrees relates- to
the preceding member or to what follows : it diould
be, “ Thefe forms of converfation multiplied by de¬
grees.”
“ Nor does this falfe modedy expofe us only to fuch
actions as are indifcreet, but very often to fuch as are
highly criminal.” SpeB. The ambiguity is removed
by the following arrangement: “Nor does this falfe
modedy expofe us to fuch a&ions only as are indif¬
creet,” &c.
“ The empire of Blefufcu is an ifland fituated to
the north-ead fide of Lilliput, from whence it is
parted only by a channel of 800 yards wide.” Swift.
The ambiguity may be removed thus : 
“ from whence it is parted by a channel of 800 yards
wide only.”
In the following examples, the fenfe is left doubtful
by wrong arrangement of members.
The minider who grows lefs by bis elevation,
Be a little Jfatue placed on a mighty pedejlal, will al¬
ways have his jealoufy drong about him. Bo/ingb.
Here, fo far as can be gathered from the arrangement,
it is doubtful, whether the objeft introduced by way
of fimile relates to what goes before or to what fol¬
lows. The ambiguity is removed by the following
arrangement: “ 1 he minider who, like a little datue
placed on a mighty pededal, grows lefs by his eleva¬
tion, will always,” &c.
Speaking of the fuperditious pra£Hce of locking
up the room where a perfon of diftin&ion dies : “ The
2
] LAN
knight, feeing his habitation 'reduced to fo fmall a
compafs, and himfelf in a manner (hut out of his own
houfe, upon the death of his mother, ordered all the
apartments to be ilusg open, and exorcifed by his
chaplain.” SpeB. Better thus : “ The knight, fee¬
ing his habitation reduced to fo fmall a compafs, and
himfelf in a manner (hut Out of his own houfe, order¬
ed, upon the death of his mother, all the apartments
to be flung open.
Speaking of fome indecencies in converfation : “ As
it is impodible for fuch an irrational way of conver¬
fation to lad long among a people that make any
profeflion of religion, or (how of modedy, if the coun¬
try gentlemen get into it, they will certainly be left in
the lurch.” lb. The ambiguity vanifhes in the fol¬
lowing arrangement : “ the country
Language.
gentlemen, if thfey get into it, will certainly be left in
the lurch.”
“ And fince it is neceffary that there (hould be a
pernet ial intercourfe of buying and felling, and deal¬
ing upon credit, where fraud is permitted or connived
at, or hath no law to punijh it, the honed dealer is
always undone, and the knave gets the advantage.”
Swift. Better thus : “ And fince it is neceffary that
there (hould be a perpetual intercourfe of buying and
felling, and dealing upon credit, the honed dealer,
where fraud is permitted or connived at, or hath no
law to puni!h it, is always undone, and the knave gets
the advantage.”
From thefe examples, the following obfervation
will occur: That a circumdance ought never to be
placed between two capital members of a period ; for
by fuch fituation it mud always be doubtful, fo far as
we gather from the arrangement, to which of the two
members it belongs: where it is interjected, as it
ought to be, between parts of the member to which
it belongs, the ambiguity is removed, and the capital
members are kept didimft, which is a great beauty in
compofition. In general, to preferve members didindt
that fignify things didinguidied in the thought, the
bed method is, to place fird in the confequent mem¬
ber, fome word that cannot connedl with w’hat pre¬
cedes it.
If it (hall be thought, that the obje&ions here are
too fcrupulous, and that the defeft of perfpicuity is
eafily fupplied by accurate punftuation ; the anfwer
is, That pun&uation may remove an ambiguity, but
will never produce that peculiar beauty which is per¬
ceived when the fenfe comes out clearly and dilth ‘ly
by means of a happy arrangement. Such influence
has this beauty, that, by a natural tranfition of per¬
ception, it is communicated to the very found of the
words, fo as in appearance to improve the mufic of
the period. But as this curious fubjedl comes in more
properly elfewhere, it is fufficient at prefent to appeal
to experience, that a period, fo arranged as to bring
out the fenfe clear, feems always more, mufical than
where the fenfe is left in any degree doubtful.
The next rule is, That words expreffing things
connedled in the thought, ought to be placed as near
together as podible. This rule is derived immediately
from human nature, prone in every indance to place
together things in any manner connedted : where
things are arranged according to their connexions,
we-have a fenfe of order j otherwife we have a fenfe
«- or
LAN [ 543 ] LAN
Language, of diforder, as of things placed by chance: and we
'' naturally place words in the fame order in which we
would place the things they fignify. The bad effeft
of a violent feparation of words or members thus in¬
timately conne&ed, will appear from the following ex¬
amples.
“ For the Englifh are naturally fanciful, and very
often difpofed, by that gloominefs and melancholy of
temper which is fo frequent in our nation, to many
wild notions and vifions, to which others are not fo
liable.” Spect. Here the verb or affertion is, by a pre-
ty long circurrfftance, violently feparated from the fub-
j.e£l to which it refers : this makes a harfli arrangement)
the lets excufable that the fault is eafily prevented by
placing the circumftance before the verb, after the fol¬
lowing manner: “ For the Englilh are naturally fanci¬
ful, and by that gloominefs and melancholy of temper
which is fo frequent in our nation, are often difpoied to
many wild notions, &c.”
“ From whence we may date like wife the rivalfhip
of the houfe of France, for we may reckon that of Va¬
lois and that of Bourbon as one upon this occafion,
and the houfe of Aultria, that continues at this day,
and has oft coft fo much blood and fo much treafure in
the courfe of it.” Bolingbr.
“ It cannot be impertinent or ridiculous therefore in
fuch a country, whatever it might be in the abbot of
St Real’s, wrhich was Savoy, I think; or, in Peru, under
the incas, where Garcilaffo de la Vega fays it was lawr-
ful for none but the nobility to ftudy—-for men of all
degrees to inftruft themfelves in thofe affairs wherein
they may be aftors, or judgers of thofe that a&, or
controllers of thofe that judge.” Ibid.
“ If Scipio, who was naturally given to women, for
which anecdote wre have, if I miitake not, the autho¬
rity of Polybius, as well as fome verfes of Nevius pre-
ferved by Aulus Gellius, had been educated by Olym¬
pias at the court of Philip, it is improbable that he
would have reftored the beautiful Spaniard.” Ibid.
If any one have a curiofity for more fpecimens of
this kind, they will be found without number in the
works of the fame author.
of emotions to related objefls; a principle in human Language,
nature that hath an extenfive operation j and we find V—
this operation, even where the obje&s are not other-
wife related than by juxtapofxtion of the words that
exprefs them. Hence, to elevate or deprefs an objeci,
one method is, to join it in the exprefiion with another
that is naturally high or low : witnefs the following
fpeech of Eumenes to the Roman fenate.
_ tl Caufam veniendi fibi Romam fuilfe, prseter cupi-
ditatem vifendi dcos hominefque, quorum beneficio in ea
fortuna ^efiet, fupra quam ne optare quidem auderet,
etiam ut coram moneret fenatum ut Perfei conatua-
obviam iret.” Livy. 1 o join the Romans with the
gods in the fame enunciation, is an artful ftroke of
flattery, becaufe it tacitly puts them on a level.
On the other hand, the degrading or vilifying an
objeft, is done fuccefsfully by ranking it with one that
is really low r “ I hope to have this entertainment in
readinefs for the next winter ) and doubt not but it will
plcafe more than the opera or puppet (how.” SpeSf.
“ Manifold have been the judgements which Heaven
from time to time, for the chaftifement of a finful peo¬
ple, has inflicled upon whole nations. For when the
degeneracy becomes common, it is but juft the puntlh-
ment (hould be general. Of this kind, in our own
unfortunate country, was that deftru&ive peftilence,
whole mortality was fo fatal as to fweep away, if Sir
William Petty may be believed, five millions of Chri-
ftian fouls, befides women and Jews.” Arbuthnot.
“ Such alfo was that dreadful conflagration enfuing
in this famous metropolis of London, which confumed,
according to the computation of Sir Samuel More¬
land, 100,000 houfes, not to mention churches and
(tables.” Ibid.
“ But on condition it might pafs into a law, I would
gladly exempt both lawyers of all ages, fubaltern and
field officers, young heirs, dancing mafters, pickpockets,
and players.” Swift.
Sooner let earth, air, fea, to chaos fall,
Men, monkeys, lap dogs, parrots, perifli all.
Rape of the Lock.
A pronoun, which faves the naming a perfon or
thing a fecond time, ought to be. placed as near as
poffible to the name of that perfon or thing. This is
a branch of the foregoing rule ) and with the reafon
there given, another occurs, viz. That if other ideas
intervene, it is difficult to recal the perfon or thing by
reference.
“ If I had leave to print the Latin letters tranf-
mhted to me from foreign parts, they would fill a vo¬
lume, and be a full defence againft all that Mr Pa-
tridge, or his accomplices of the Portugal inquilition,
will be ever able to object $ who, by the way, are che
only enemies my predictions lhave ever met with at
home or abroad.” Better thus : “ and be a full
defence againft all that can be objeCted by Mr Pa-
tndge, or his accomplices of the Portugal inquifition j
who, by the way, are,” &c.
“ there being a round million of creatures inhu¬
man figure, thoughout this kingdom, whofe whole
fubfiftence,” &c. Swift. Better: “ There being,
throughout this kingdom, a round million of creatures
in human figure, whofe whole fubfiftence,” &c.
Ihe following rule depends on the communicatiou-
Circumftances in a period refemble fmall (tones in a
building, employed to fill up vacuities among thofe of
a larger (ize. In the arrangement of a period, fuch
under parts crowded together make a poor figure j and
never are graceful but when interfperfed among the
capital parts.
“ It is likewife urged, that there are, by computa¬
tion, in this kingdom, above io,ood parfons, whofe
revenues, added to thofe of my lords the biftiops,
would fuffice to maintain, &c. Swift. Here two cir¬
cumftances, viz. by computation, and in this kingdom, are
crowded together unneceffarily. They make a better
appearance feparated in the following manner : “ It is
likewife urged, that in this kingdom there are by com¬
putation, above 10,000 parfons, &c.
If there be room for a choice, the fooner a circum¬
ftance is introduced, the better 5 becaufe circumftan¬
ces are proper for that coolnefs of mind, with which
we begin a period as well as a volume : in the progrefs
the mind warms, and has a greater relilh for matters
of importance. When a circumftance is placed at the
beginning of the period, or near the beginning, the
trapfition from it to the principal fubjeft is agreeable :
h'
A N £ 544
Language, it is like afcending, or going upward. On the other
hand, to place it late in the period has a bad effecl •,
f/'M* O T t O ** I 1 ^ t ff ,, A i 4-1^^*     ! 1 * CY
for after being engaged in the principal fubjedt, one
is with reluctance brought down to give attention to a
circumstance. Hence evidently the preference of the
following arrangement, “ Whether in any country a
choice altogether unexceptionable has been made, feems
doubtful before this other, “ Whether a choice
altogether unexceptionable has in any country been
made, &c.
For-this reafon the following period is exceptionable
in point of arrangement. “ I have confidered former¬
ly, with a good deal of attention, the fubjedt upon
which you command jne to communicate my thoughts
to you.” Boling. Which, with a flight alteration, may
be improved thus : “ I have formerly, with a good deal
of attention, considered the fubjedt,” &c.
Swift, fpeaking of a virtuous and learned education :
“ And although they may be, and too often are,
drawn by the temptations of youth, and the opportu¬
nities of a large fortune, into fome irregularities, when
they come forward into the great world ; it is ever with
reluctance and compunction of mind, becaufe their bias
to virtue hill continues ” Better : “ And although,
when they come forward into the great world, they may
be, and too often,” &c.
In arranging a period, it is of importance to deter-
.jnine in what part of it a word makes the greateft
figure, whether at the beginning, during tire courfe,
-or at the clofe. Ihe breaking filence roufes the at¬
tention, and prepares for a deep impreflion at the be¬
ginning : the beginning, however, mult yield to the
clofe •, which being fucceeded by a paufe, affords time
for a word to make its deepefl impreflion. Hence the
following rule, That to give the utmoft force to a pe¬
riod, it ought, if poflible, to be clofed with that word
which makes the greateft figure. The opportunity of
a paufe fuould not be thrown awny upon accefibries,
but referved for the principal ob]e<fl, in order that it
may make a full impreflion : which is an additional
reafon againft doling a period without a circumftance.
rl here are, however, periods that admit not fuch a
flrudure; and in that cafe the capital word ought, if
polbble, to be placed in the front, which next to the
clofe is the molt advantageous for making an impref-
hon. Hence, in dire&ing our difeourfe to a man of
figure, wTe ought to begin with his name •, and one
will be fenfible of a degradation when this rule is ne¬
glected, as it frequently is for the fake of verfe. We
give the following examples.
Integer vitce, fcelerifque purus,
Non eget Mauris jaculis, neque arcu,
Nec venenatis gravida fagittis,
Fufce, pharetra. Horat. Carm. lib. i. ode 22.
Je crains Dieu, cher Abner, et n’ai point d’autre
crainte.
In tbefe examples, the name of the perfon addreffed
to makes a mean figure, being like a circumftance
flipt into a corner. That this criticifm is well found¬
ed, we need no other proof than Addifon’s tranflation
of the laft example.
O Abner ! I fear my God, and I fear none but him.
. Guardian, N° 117.
] LAN
O father, what Intends thy hand, fhe cry’d,
Again ft thy only fon ? What fury, O fon,
Pofiefies thee to bend that mortal dart
Againft thy father’s head >
Faradfe Lof, book ii. 1. 727.
Every one muff be fenfible of a dignity in the invoca¬
tion at the beginning, which is not attained by that
in the middle. It is not meant, however, to cenlure
this paflage : on the contrary, it appears beautiful, by
diflinguifliing the refped: that is due to a father from
that which is due to a Ion.
The fubftance of what is faid in this and the fore¬
going feCIion, upon the method of arranging words in
a period, fo as to make the deepeft impreflion with re-
fpeT to found as well as iignification, is comprehend¬
ed in the following obfervation : That order of words
in a period will always be the moft agreeable, w’here,
wdthout obfeunng the fenfe, the moft important images,
the moft fonomus words, and the longeft: members,
bring up the rear.
Hitherto of arranging Angle words, fingle mem¬
bers, and fingle circumilances. But the enumeration
of many particulars in the fame period is often necef-
fary : and the queftion is, In what order they ftiould
be placed? And, firft, wdth refpeCI to the4enumera¬
ting particulars of equal rank : As there is no caufe
for preferring any one before the reft, it is indifferent
to the mind in what order they be viewed ; therefore
it is indifferent in what order they be named. 2dly, If
a number of objefts of the fame kind, differing only
in fize, are to be ranged along a ftraight line, the moft
agreeable order to the eye is of an increafing fe-
ries : in furveying a number of fubje&s, beginning
at the leaft, and proceeding to greater and greater, the
mind fwells gradually wdth the fucceflive objedfls, and
in its progrefs has a very fenfible pleHure. Precifely
for the fame reafon, words expreflive of fuch objeCts
ought to be placed in the fame order. The beauty of
this figure, which may be termed a climax in fenfe, has
efcaped Lord Bolingbroke in the firft. member of the
following period : “ Let but one, great, brave, difin-
terefted, addive man arife, and he will be received, fol¬
lowed, and almoft adored.” The following arrange¬
ment has fenfibly a better effedl: “ Let but one brave,
great, aftive, difinterefted man arife,” &c. Whether
the fame rule ought to be followed in enumerating men
of different ranks, feems doubtful; on the one hand,
a number of perfons prefented to the eye in form of
an increafing feries, is undoubtedly the moft agreeable
order •, on the other hand, in every lift of names, we
fet the perfon of the greateft: dignity at the top, and
defeend gradually through his inferiors. Where the
purpofe is to honour the perfons named according to
their rank, the latter ought to be followed $ but every
one wdio regards himfelf only, or his reader, will
choofe the former order, jdly, As the fenfe of or¬
der direCIs the eye to defeend from the principal to its
greateft: acceffory, and from the whole to its greateft
part, and in the fame order through all the parts and
acceffories, till w-e arrive at the minuteft j the fame or¬
der ought to be follouTed in the enumeration of fuch
particulars.
When force and livelinefs of expreflion are demand¬
ed, the rule is, to fufpend the thought as long as pof-
fible.
Lari;
uagr.
3
LAN [ 545 ] LAN
Language, fible, arc! to bring it out full and entire at the clofe,
which cannot be done but by inverting the natural ar¬
rangement. By introducing a word or member before
its time, curiofity is raifed about what is to follow ;
and i» is agreeable to have our curiefity gratified at
the clofe of the period : the pleafure we feel refembles
that of feeing a ilroke exerted upon a body by the
whole colleded force of the agent. On the other
hand, where a period is fo conftructed as to admit
more than one complete clofe in the fenfe, the curio-'
fity of the reader is exhaufted at the firft clofe, and what
follows appears languid or fuperfluouS'4 his difappoint-
ment contributes alfo to that appearance, when he
finds, contrary to expedlation, that the period is not
yet finilhed. Cicero, and after him Quintilian, re¬
commend the verb to the laft place. This method evi¬
dently tends to fufpend the fenfe till the clofe of the
period j for without the verb the fenfe cannot be
complete ; and when the verb happens to be the capi¬
tal word, which it frequently is, it ought at any rate
to be the laft, according to another rule above laid
down. The following period is placed in its natural
order: “ Were inftru£tion an effential circumftance in
epic poetry, I doubt whether a fingle inftance could
be given of this fpecies of compofition in any lan¬
guage.” The period thus arranged admits a full clofe
upon the word compojition ; after which it goes on lan¬
guidly, and clofes without force. This blemifh will be
avoided by the following arrangement : “ Were in-
ftruftion an effential circumftance in epic poetry, I
doubt whether, in any language, a fingle inftance could
be given, of this fpecies of compofition.”
“ Some of our moft eminent divines have made ufe
of this Platonic notion, as far as it regards the fub-
fiftence of our paftions after death, wTith great beauty
and ftrength of reafon.” Spefl. Better thus : “ Some
of our moft eminent divines have, with great beauty
and ftrength of reafon, made ufe of this Platonic no¬
tion,” Stc.
Men of the beft fenfe have been touched, more or
lefs, with thefe groundlefs horrors and prefages of fu¬
turity, upon furveying the moft indifferent works of na¬
ture.” Ib. Better, “ Upon furveying the moft indif¬
ferent works of nature, men of the beft fenfe,” &.c.
“ She foon informed him of the place he was in 5
which, notwithftanding all its horrors, appeared to him
more fweet than the bower of Mahomet, in the com¬
pany of his Balfora.” Guardian. Better, “ She foon,
&.c. w'hich appeared to him, in the company ol his Bal¬
fora, more fweet than the bower of Mahomet.”
None of the rules for the compofition of periods are
more liable to be abufed than thofe laft mentioned j wit-
nefs many Latin waiters, among the moderns efpecial-
ly, whofe ftyle, by inverfions too violent, is rendered
harlh and obfcure. Sufpenfion of the thought till the
clofe of the period, ought never to be preferred before
perfpicuity. Neither ought fuch fufpenfion to be at¬
tempted in a long period \ becaufe in that cafe the mind
is bewildered amidft’ a profufion of words : a traveller,
wh’le he is puzzled about the road, relilhes not the
fineft profpefl : “ All the rich prefents wdiich Aftyages
had given him at parting, keeping only fome Median
horfes, in order to propagate the breed of them in Per-
fia, he diftributed among his friends whom he left at
the court of Ecbrtana.” Trav. of Gurus.
Vol. XI. Part II.
III. Beauties from a Refemblance between Sound and Language.
Signification. There being frequently a ftrong refem- v —'
blance of one found to another, it will not be furprifing
to find an articulate found refembling one that is not
articulate : thus the found of a bow ftring is imitated
by the words that exprefs it:
- —  - --■The ftring let fly,
Twang'dfort andfharp^ like the ftirill iwallow’s cry.
Odyffey, xxi. 449.
The found of felling trees in a wTood :
Loud founds the axe, redoubling ftrokes on ftrokes,
On all fides round the foreft hurls her oaks
Headlong. Deep echoing groan the thickets brown,
Then rufling, crackling, crafhing, thunder down.
Iliad, xxiii. 144.
But when loud furges lalh the founding Ihore,
The hoarfe rough verfe Ihould like the torrent roar.
Pope’s EJfay on Criticifm, 369.
Dire Scylla there a fcene of horror forms,
And here Charybdis fills the deep with ftorms:
When the tide rulhes from her rumbling caves,
The rough rock roars j tumultuous boil the waves.
Pope.
No perfon can be at a lofs about the caufe of this
beauty ; it is obvioully that of imitation.
That there is any other natural refemblance of found
to’ fignification, mull not be taken for granted. There
is no refemblance of found to motion, nor of found
to fentiment. We aie, however, apt to be deceived
by artful pronunciation: the fame paffage may be
pronounced in many different tones, elevated or hum¬
ble, fweet or harlh, brilk or melancholy, fo as to ac¬
cord with the thought or fentiment: fuch concord
muft be diftinguiihed from that concord between found
and fenfe which is perceived in fome expreflions in¬
dependent of artful pronunciation ; the latter is the
poet’s work, the former muft be attributed to the
reader. Another thing contributes ftill more to the
deceit : in language, found and fenfe being intimately
connefted, the properties of the one are readily com¬
municated to the other j for example, the quality of
grandeur, of fweetnefs, or of melancholy, though be¬
longing to the thought folely, is transferred to the
words, which by that means referable in appearance
the thought that is expreffed by them That there
may be a refemblance of articulate founds to fome
that are not articulate, is felf-evident ; and that in
fad: there exift fuch refemblances fuccefsfully employed
by writers of genius, is clear from the foregoing ex¬
amples, and from many others that might be given.
But we may fafely pronounce, that this natural re¬
femblance can be carried no farther j the obje&s of the
different lenfes differ fo widely from each other, as to
exclude any refemblance : found in particular, whether
articulate or inarticulate, refembles not in any degree
tafte, fmell, nor motion; and as little can it referable
any internal fentiment, feeling, or emotion. But muft
we then admit, that nothing but found can be imitated
by found ? Taking imitation in its proper fenfe, as
importing a refemblance between two obje&s, the
^ropolition muft be admitted : and yet in many paf-
3 ^ fages
LAN [ J46
Language- fcges that are not defcriptive of founcf, every one muft
be fenfible of a peculiar concord between the found of
the words and their meaning. As there can be no
doubt of the faff, what remains is to inquire into its
caufe.
Refembling caufes may produce eflfe&s that have no
refemblance ; and caufes that have no refetnblance may
produce refembling effefts. A magnificent building,
for example, refembles not in any degree a heroic ac¬
tion ; and yet the emotions they produce are concor¬
dant, and bear a refemblance to each other. We are
flill more fenfible of this refemblance in a fong, when
the mufic is properly adapted to the fentiment; there
is no refemblance between the thought and found; but
there is the ftrongeft refemblance between the emotion
raifed by mufic tender and pathetic, and that raifed by
, the complaint of an unfuccefsful lover. Applying this
obfervation to the prefent fubjedf, it appears, that, in
fome inftances, the found even of a fingle word makes
an impreffion refembling that which is made by the
thing it fignifies : witnefs the word running compofed
of two Ihort fyllables; and more remarkably the words
rapidity, impetuojity, precipitation. Brutal manners pro¬
duce in the fpetfator an emotion not unlike what is
produced by a harlh and rough found j and hence
the beauty of the figurative expreffion, rugged man¬
ners. ' Again, the word little, being pronounced with
a very fmall aperture of the mouth, has a weak and
faint found, which makes an impreffion refembling
that made by a diminutive objefl. This refemblance
of effefts is ftill more remarkable where a number of
words are connected in a period : wrords pronounced
in fucceffion make often a ftrong impreffion *, and when
this impreffion happens to accord with that made by
the fenfe, we are fenfible of a complex emotion, pe¬
culiarly pleafant j one proceeding from the fentiment,
and one from the melody or found of the words.
But the chief pleafure proceeds from having thefe
two concordant emotions combined in perfedl harmony,
and carried on in the mind to a full clofe. Except
in the fingle cafe where found is defcribed, all the ex¬
amples given by critics of fenfe being imitated in found,
refolve into a refemblance of effedfs: emotions raifed
by found and fignification may have a refemblance j but
found itfelf cannot have a refemblance to any thing but
ibund.
Proceeding now to particulars, and beginning with
ihofe cafes where the emotions have the ftrongeft re¬
femblance, we obferve, firft, That by a number of
fyllables in fucceffion, an emotion is fometimes raifed,
extremely fimilar to that raifed by fucceffive moti * i ;
which may be evident even to thofe who are defeftive
in tafte, from the following faff, that the term move¬
ment in all languages is equally applied to both. In
this manner, fucceffive motion, fuch as walking, run¬
ning, galloping, can be imitated by a fucceffion of long
or fhort fyllables. or by a due mixture of both : for
example, flow motion may be juftly imitated in a verfe
where long fyllables prevail) efpecially when aided by
a flow pronunciation :
Uli inter fefe magna vi brachia tollunt.
Georg.\v. 174.
On the other hand, fwift motion is imitated by a fuc¬
ceffion of fliort fyllables 3,
] LAN
fluadrupedante putrem fonitu quatit ungula cam- Lan
pum. 1 
Again : * '
Radit iter liquidum, celeres neque commovet alas :
Thirdly, A line compofed of monofyllables makes an
impreffion by the frequency of its paufes, fimilar to what
is made by laborious interrupted motion :
W ith many a weary fiep, and many a groan,
Up the high hill he heaves a huge round Hone.
Odyjfey, xi. 736.
Firft march the heavy mules fecurely flow ;
O’er hills, o’er dales, o’er craggs, o’er rocks they go.
Iliad, xxiii. 138.
Fourthly, The impreffion made by rough founds in
fucceffion, refembles that made by rough or tumultuous
motion : on the other hand, the impreffion of fmooth
founds refembles that of gentle motion. The following
is an example of both.
Two craggy rocks proje&ing to the main,
T he roaring winds tempefluous rage reftrain 3
Within, the waves in fofter murmurs glide,
And (hips fecure without their haulfers ride.
Odyjfey> “i- n 8.'
Another example of the latter :
Soft is the ftrain when Zephyr gently blows,
And the fmooth dream in fmoother numbers flows.
EJfay on Criticifm, 366.
Fifthly, Prolonged motion is exprefled in an Alex¬
andrine line. The firft example ftiall be of a flow mo¬
tion prolonged :
A needlefs Alexandrine ends the fong ;
That, like a wounded fnaka, drags its flow length along.
Ib. 356.
The next example is of forcible motion prolonged :
The waves behind impel the waves before,
Wide-rolling, foaming high, and tumbling to the fhore.
Iliad, xiii. 1004.
The laft fhall be of rapid motion prolonged :
Not fo when fwift Camilla fcours the plain,
Flies o’er the unbending corn, and fkims along the
main. feffay on Criticifm, 373.
Again, fpeaking of a rock torn from the brow of a
mountain :
Still gathering force, it fmokes, and urg’d amain,
Whirls, leaps, and thunders down impetuous to the
plain. Iliad, xiii. 197.
Sixthly, A period confifting moftly of long fyl¬
lables, that is, of fyllables pronounced flow, produ-
ceth an emotion refembling faintly that which is pro¬
duced by gravity and folemnity. Hence the beauty
of the following verfe :
Olli fedato refpondet corde Latinus.
It refembles equally an objedt that is infipid and un-
interefling.
Ttedet quotidianarum harum formarum. Terence.
Seventhly,
LAN [ 547 ] LAN
Language. Seventhly, A flow fucceflion of Ideas is a circum-
■ ■V" ; fiance that belongs equally to fettled melancholy, and
to a period compofed of polyfyllables pronounced flowj
and hence, by fimilarity of emotion, the latter is imi¬
tative of the former :
In thofe deep folitudes, and awful cells,
Where heav’nly penfive Contemplation dwells,
And ever-mufing Melancholy reigns.
Pope, Eloifa to Alelard.
Eighthly, A long fyllable made flrort, or a Ihort
fjllable made long, raifes, by the difficulty of pronoun¬
cing contrary to cuftom, a feeling flmilar to that of
hard labour:
When Ajax drives fome rock’s vq/i weight to throw,
The line too labours, and the words move flow.
EJJay on Criticifm, 370
Ninthly, Harfli or rough words pronounced with
difficulty, excite a feeling fimilar to that which pro¬
ceeds from the labour of thought to a dull writer.
Juft writes to make his barrennefs appear,
And ftrains from hard-bound brains eight lines a year.
Pope’s Epiftle to Dr Arbuthnot, 1. 181.
We (hall clofe with one example more, which of all
makes the fineft figure. In the firft fe&ion mention
is made of a climax in found •, and in the fecond of a
climax in fenfe. It belongs to the prefent fubjeft to
obferve, that when thefe coincide in the fame paffage,
the concordance of found and fenfe is delightful: the
reader is confcious of pleafure not only from the two
climaxes feparately, but of an additional pleafure from
their concordance, and from finding the fenfe fo juftly
imitated by the found. In this refpedt, no periods are
more perfeft than thofe borrowed from Cicero in the
firft feftion.
The concord between fenfe and found is not lefs
agreeable in what may be termed an anticlimax, where
the progrefs is from great to little j for this has the ef¬
fect to make diminutive objedts appear ftill more di¬
minutive. Horace affords a ftriking example :
Parturiunt montes, nafcitur ridiculus mus.
The arrangement here is Angularly artful : the firft
place is occupied by the verb, which is the capital
word by its fenfe as well as found : the clofe is referved
for the word that is the meaneft in fenfe as well as in
found : and it muft not be overlooked, that the refem-
bling founds of the two laft fyllables give a ludicrous
air to the whole.
. In this article we have mentioned none of the beau¬
ties of language but what arife from words, taken in
their proper fenfe. Beauties that depend upon the me¬
taphorical and figurative powder of words, are treated
under the feparate articles of Figures, Personifica¬
tion, Apostrophe, Hyperbole, Metaphor, &c.
See alfo Oratory.
Purity of Language. Both the Greeks and Ro¬
mans were particularly careful of preferving the purity
of their language. It leems amongft the Romans to
have been a point which they thought worthy the atten¬
tion of the ftate itfelf-, for we find the Cumeans not
daring to make ufe of the Latin language in their
public adls without having firft obtained leave in form.
Tiberius himfelf 'would not hazard the word monopo-
lium in the fenate without making an excufe for em¬
ploying a foreign term. Seneca gives it as a certain
maxim, that wherever a general falfe tafte in llyle and
expreffion prevails, it is an infallible fign of corrup¬
tion of manners in that people : A liberty of introdu¬
cing obfolete words, or forming new ones, is a mark,
he thinks, of an equal licentioufnefs of the moral kind.
Accordingly it is obferved, there are fcarce more than
eight or ten inftances of new words to be produced
from the moft approved Roman writers, in the courfe
of two or three centuries. If this mode of reafoning
concerning the morals of the ftate was introduced and
applied in our own country, no nation on the face of
the earth could appear more abandoned j for no na¬
tion is more fond of adopting new words ; though our
language is fufficiently copious. This delicacy of Se¬
neca appears to be carried a little too far, and his
manner of eftimating the morals of the people muft be
a little fallacious. The Greeks were very remarkable
for their difcernment of provincialifms, efpecially the
Athenians, whofe dialeil was inconceivably fweet and
elegant.
LANGUED, in heraldry, expreffes fuch animals
whofe tongue, appearing out of the mouth, is borne of
a difterent colour from the reft of the body.
LANGUEDOC, a large and maritime province of
France 5 bounded on the north by Quercy, Rouerque,
Auvergne, and Lionnois $ on the eaft by Dauphiny
and Provence ; on the weft by Gafcony; and on the
fouth by the Mediterranean fea and Rouffillon. It is
225 miles in length, and 100 in breadth where broad-
eft. It forms the departments of what are now called
Aude, Card, Upper Garonne, and Herault. The
clergy are more rich and numerous here than in the reft
of France, there being three archbifhops and 20 bifhops.
Languedoc is divided into the Upper and Lower 5 and
in general it is a very pleafant country, fertile in corn,
fruits, and excellent wines •, and the inhabitants carry
on a confiderable trade. There are many curious me¬
dicinal plants, with iron mines, quarries of marble, and
turquoife ftone. There is alfo a great deal of kelp,
and on the heaths are confiderable numbers of the
kermes oak. The principal rivers are the Rhone, the
Garonne, the Aude, the Tarne, the Allier, and the
Loire. There are alfo a great number of mineral
fprings. Thouloufe is the capital town. This pro¬
vince is famous for the royal canal, which runs through
it, joining the Mediterranean with the Atlantic ocean.
This canal was undertaken in 1666, and finiffied in
1680; the mathematician wffio undertook it made a
bafon 400 yards long, 300 broad, and 7 feet deep,
which is always kept full of water, and may be let out
by means of a fluice on the fide of the Mediterranean,
as well as by another on the fide of the Atlantic.
LANGUET, Hubert, bom at Viteaux in Bur¬
gundy in 15 f 8, gained great reputation by his learn¬
ing and virtue in the 16th century. Having redd one
of Melanclhon’s books at Bologna, he conceived fo
high an efteem for the author, that he went to Wir-
temberg purpofely to vifit him 5 he arrived ,-there in
1549, when he contradled a ftridt friendffiip with Me-
lan&hon, and embraced the Proteftant religion. In
1565, he was pne of the firft counfellors of Auguftus
3 Z 2 elejftor
Langued-
a
Languet.
Xanguet
!|
L A N _ _ [548
elector of Saxony, who employed him in feveral im
portant affairs and negociations
1
LAN
Lar ham. affairs and negociations. He was afterwards
w—m- y—-ii , admitted to the confidence of vVilliam prince of Orange ;
and died at Antwerp on the 30th of September 1581.
We have many of his letters written in Latin to Sir
Philip Sydney, to Cameiarius the father and fon, and
to Auguflus eledlor of Saxony, which have been feve-
xal times reprinted, in three volumes; and there is alfo
attributed to him a famous treatife, entitled, Vindicice
coni) u Tyrannos, and other works. His life is written
by Philibert de la Mare.
Languet, the celebrated vi¬
car of St Sulpice at Paris, and a doaor of the Sor-
bonne, was born at Dijon in 1675* He was received
into the Sorbonne in 16985 and attached himfelf to
the community of St Sulpice, to which parifh he was
of great fervice. M. de la Chetardie the vicar, con-
fcious of his talents, chofe him for his curate, in which
capacity he officiated near ten years 5 and in 1714 fuc-
ceeded to the vicarage. His parifh church being fmall
and out of repair, he conceived the defign of building
a church fuitable to the fize of his parifh, which he
began with the fum of 100 crowns, but foon obtained
confiderable donations ; and the duke of Orleans, re¬
gent of the kingdom, granted him a lottery, and laid
the firft ftone of the porch in 1718. It was confecrat-
ed in 1745, after M. Languet had fpared neither la¬
bour nor expence to render it one of the fineft churches
in the world both for architedfure and ornament. An¬
other work which did him no lefs honour was the
Maifon de I'enfant Jefus. This effablifhment confiffs
of two parts 5 the firff compofed of about 35 poor la¬
dies of good families, and the fecond of more than
400 poor women and children of town and country.
The order and economy in this houfe, for the educa¬
tion and employment of fo many perfons, gave Cardi¬
nal Fleury fo high an idea of the vicar of St Sulpice,
that he propofed to make him fuperintendant general
of all the hofpitals in the kingdom; which, however,
was declined. Never man took more pains than he did
to procure charitable donations and legacies, which he
diftributed with admirable difcretion : he is faid from
good authority to have difburfed near a million of livres
to the poor annually. When there was a general dearth
*n I725» f°W, in order to relieve the poor, hishoufe-
hold goods, pidtures, and fome curious pieces of furni¬
ture that he had procured wdth difficulty 5 and when
the plague raged at Marfeilles, he fent large fums into
Provence for the relief of the diftreffed. M. Languet
was not only fingular in this warm, difinterefted, bene¬
volent condudt, but alfo^in another circumftance equally
rare 5 and this was in the refufal of feveral biffioprics
that were offered him : he refigned even his vicarage in
1748 j but continued to preach every Sunday at his
own pariffi churtffi, and to fupport the Maifon de l'enfant
Jefas, te his death, which happened in 1750. It is
obferved, that his piety and charity did not proceed
from poverty of talents 5 for he was fenfible and lively
in converfation, and his genius often difcovered itfelf
..in his agreeable repartees.
LANGUOR, among phyficians, fignifies great weak-
nelp and lofs of (Length, attended with a deje&ion of
mind; fo that the patients can fcarce walk or even (land
upright, but are apt to faint away.
LANHAM. See Lavenham.
LANIARD (from Lanier, Fr.), a fhort piece of Laniard
cord or line faftened to feveral machines in a (hip, and ii
ferving to fecure them in a particular place, or to ma-Laiif(juinet-
nage them more conveniently. Such are the laniards ¥
of the gun port, the laniard of the buoy, the laniard
of the cat hook, &c.—-The principal laniards ufed in
a (hip, however, are thofe employed to extend the
(hrouds and (fays of the mads by their communication
with the dead eyes, fo as to form a fort of mechani¬
cal power refembling that of a tackle. Thefe lani¬
ards are fixed in the dead eyes as follows : one end of
the laniards is thruft through one of the holes of the
upper dead eye, and then knotted, to prevent it from
drawing out; the other is then paffed through one of
the holes in the lower dead eye, whence, returning up¬
ward, it is inferted through the fecond hole in the up¬
per dead eye, and next through the fecond in the
lorver dead eye, and finally through the third holes in
both dead eyes. Ihe end of the laniard being then
direfted upwards from the lowed: dead eye, is (tretch-
ed as iliff as poffible by the application of tackles 5
and that the feveral parts of it may Hide with more
facility through the holes of the dead eyes, it is well
fmeared with hog’s lard or tallow, fo that the drain is
immediately communicated to all the turns at once.
LANIGEROUS, an appellation given to whatever
bears wool.
LANISTA, in antiquity, is fometimes ufed to dig¬
nify an executioner 5 but more frequently for a mailer
gladiator, who. taught the ufe of arms, and had always
people under him ready to exhibit (hows of that kind.
For this purpofe, they either purchafed gladiators,
or educated children in that art that had been expo-
fed.
L ANIUS, the Shrike, or Butcher bird, a genus of
birds belonging to the order of accipitres. See Orni¬
thology Index.
LANNER, or Lannar. SccFalco, Ornitholo¬
gy Index.
LANSDOWNE, Lord. See Granville.
LANSQUINET, the name of a game at cards, of“
French origin.
It may be played at by any indiferiminate number
of people, though a (ingle pack of cards is ufed during
the deal. The dealer, who poffeffes 'an advantage,
(huffles the cards, and after they have been cut by
another of the party, deals out two cards on his left
hand, turning them up, then one for himfelf, and a
fourth that he places on the table for the company,
wffiich is called the rejouiffiance. On this card any, or all
the company, the dealer excepted, may put their money,
which the dealer is compelled to anfwer. The dealer
continues turning the cards upwards, one by one, till
two of a fort come up, that is to fay, two aces,
twm deuces, &c. which, to prevent miftakes, or their
being confidered as (ingle cards, he places on each
fide of his own card 5 and as often as two, three,
or the fourth fort of a card come up, he invariably
places, as before mentioned, on each fide of his own
card. The company has a right to take and put
money upon any (ingle card, unlefs the dealer’s card
(hould happen to be double, which is often the cafe,
by his card being the fame as one of the two hand-
cards, which he firft dealt out on his left hand : thus
he continues dealing till he brings either their cards
or
LAN [ 549 ] LAO
lantana, oi his own. Wlnlit the dealer’s own card remains un-
Lj.n,er,. wins; and whichever card is turned up firft,
P”*"”v~" lofes. If he deals out the two cards on his left hand,
which are flyled the hand-cards, before his own, he is
entitled to deal again. This advantage amounts to no
more than his being exempted from lofing, w'hen he
turns up a fimilar card to his own, immediately after
he has turned up one for himfelf.
Lanlquinet is often played without the rejouiffance,
the dealer giving every one of the party a card to put
their money upon. It is alfo often played by dealing
only two cards, one for the company and the other
for the dealer.
It Ihould likewife be obferved, that a limitation is
generally fixed for the fum to be placed upon any card
or number of cards, either in gold or filver, beyond
which the dealer is not obliged to anfwer.
LANTANA, or Indian sage, a genus of plants
belonging to the didynamia clals *, and in the natural
method ranking under the 40th order, Perfonata. See
Botany Index.
LANTERN, or Lanthorn, a device to carry a
candle in ; being a kind of cover ufually made of white
iron, with fa flies of fome tranfparent matter, as glafs,
horn, &c. to tranfmit the light.
Sir George Staunton informs us that fome of the Chi-
nefe lanterns were entirely made of horn, fo very thin
and tranfparent that they were at firft taken for glafs,
to-which they prefer it as being cheaper, lefs liable to
accident, and more ealily repaired. Thofe which Sir
George had the opportunity of examining, confifted of
one uniform piece of horn, the feams being made invi-
fible by an art found out by the Chinefe. The horns
commonly ufed are thofe of iheep and goats, which be¬
ing bent by immerfing them in boiling water, are cut
open and flattened, after which they are eafily feparated
into two or three thin plates. To make thefe laminae
or plates join readily, they are expofed to the penetrat¬
ing heat of fteam till they are perfectly foft, and the
edges that are to lap over each other are feraped and
llanted off, fo that the joinings may be no thicker than
any other part of the plate.
Such lanterns would be extremely proper for milita¬
ry ftore-houfes 5 and Rochou of the National Inftitute
was defired to attempt to make them for the marine
ffore-houfes of France. While he was thus engaged, it
occurred to him that he might fupply the urgent necef-
fities of the navy without horn, by filling up the inter-
ftices of wire cloth with fine tranfparent glue. He firft
tinned the iron wires of the fieve-cloth he made ufe of j
but afterwards found it more convenient to give it a
coating of oil paint to preferve it from ruft. The glue
he made ufe of w?as procured by boiling the clippings
of parchment wdth the air-bladders and membranes of
fea-filh, not from any convi&ion of their fuperiority to
other articles, but as being the cheapeft he could pro¬
cure. To this he added the juice of garlic and cyder,
in fuch proportions as he found to communicate great
tenacity. Into this tranfparent pure glue he plunged
his wire-cloth, which came out with its interftices filled
with the compound. The eafe with which lanterns
made of this fubfiance are repaired in cafe of accident,
by a flight coating of glue, is given by the inventor as
a great advantage j and according to him, they wexe
employed as fignal lanterns in the expedition to Ire- Lantern
land. ^ ^
Dark Lantern, one with only one opening, which,
may alfo be clofed up when the light is to be entirely
hid, or opened when there is occafion for the affiftance
of the light to difeover fome objeft.
Magic Lantern, an optic machine, whereby little
painted images are reprefented fo much magnified, as
to be accounted the effefl of magic by the ignorant. See
Dioptrics, Art. X. p. 37.
Lantern, in Architecture, a little dome raifed over
the roof of a building to give light, &nd ferve as a
crowning to the fabric.
The term lantern is alfo ufed for a fquare cage of
carpentry, placed over the ridge of a corridor or gallery,
between two rows of (hops, to illumine them, like that
of the Royal Exchange, London.
Lantern, on (hip board, a well known machine, of
which there are many in a Ihip, particularly for the pur-
pofe of diredling the courfe of other (hips in a fleet or
convoy ; fuch are the poop and top lanterns, &c.
Feqft of Lanterns, in China, is a celebrated feaft
held on the 15th day of the firft month j fo called
from the infinite number of lanterns hung out of the
houfes and ftreets •, which, it is faid, is no lefs than
two hundred millions. On this day are expofed lan¬
terns of all prices, whereof fome are faid to coft 2000
crowns. Some of their grandees retrench fomewhat
every day out of their table, out of their drefs, equi¬
page, Sec. to appear the more magnificent in lanterns.
They are adorned with gilding, fculpture, painting,
japanning, &c. And as to their fize, it is extrava¬
gant j fome being from 25 to 30 feet diameter : they
reprefent halls and chambers, and two or three fuch
machines together wmuld make handfome houfes j fo
that in China they are able to eat, lodge, receive vi-
fits, have balls, and a£l plays in a lantern. To illu¬
mine them, they ftiould have bonfires 5 but as that
wmuld be inconvenient, they content themfelves with
lighting up in them an infinite number of torches or
lamps, which at a diftance have a beautiful effedt. In
thefe they exhibit various kinds of Ihows, to divert the
people. Befides thefe enormous lanterns, there is a
multitude of others fmaller, which ufually confift of fix
faces or lights, each about four feet high, and one and
a half broad, framed in wood finely gilt and adorned j
over thefe they ftretch a fine tranfparent filk, curioufly
painted with flowers, trees, and fometimes human fi¬
gures : the painting is very extraordinary, and the co¬
lours extremely bright j and when the torches are light¬
ed, they appear highly beautiful and furprifing.
Lantern Fly. See Fulgora, Entomology Index.
LANUGO, the foft down of plants, like that grow¬
ing on the fruit of the peach tree. See Hair.
LAOCOON, in fabulous hiftory, a fon of Priam and
Hecuba, or according to others of Antenor or of Capys.
As being prieft of Apollo, he was commiffioned by the
Trojans to offer a bullock to Neptune to render him
propitious. During the facrifice two enormous fer-
pents iffued from the fea, and attacked Laocoon’s two
fons who flood next to the altar. The father imme¬
diately attempted to defend his fons j but the ferpents
falling upon him fqueezed him in their complicated
wreathes, and he died in the greateft agonies. This
punilhment
LAO
XancooR.
punlfhment was faid to have been infli&ed upon him
for diffuading the Trojans- to bring into the city the
fatal wooden horfe which the Greeks had confecrated
to Minerva, as alio for his impiety in hurling a javelin
againft the fides of the horfe as it entered within the
walls. According to Hyginus, he fuifered the above
punifhment for his marriage againft the confent of
Apollo, or, according to others, for his polluting the
temple, by his commerce with his wife Antiope, before
the ftatue of the god.
Laocoon, in the hiftory of the arts, is a celebrated
monument of Greek fculpture executed in marble by
Agefander, Polydorus, and Athenodorus, the three
amous artifts of Rhodes. Agefander is fuppofed to
nave been the father of the two latter. This remain of
antiquity was found at Rome in the ruins of the palace
of Titus, in the beginning of the fixteenth century,
under the pontificate of Julius II. and afterwards depo-
lited in the Tarnefe palace. Laocoon, the prieft of
Apollo and Neptune, is here reprefented with his two
ions, with twTo hideous ferpents clinging round his bo-
fty, gnawing it, and injefling their poifon : Virgil has
given us the following defcription of the fadl :
■ Serpens amplexus uterque
Implicate et mlftros morfu depafcitur artus : 
Cornpiunt, fpirifque ligant ingentibus, et jam
Bis medium amplexi, bis collo fquamea circum
Terga dati, fuperant capite et cervicibus aids.
This ftatue exhibits the moft aftonilhing dignity and
tranquillity of mind in the midft of the moft excruci-
Lib.xxxvi. ating torments: Pliny * fays of it, that it is, opus omnibus
[ 55o ]
LAO
c- S
t Hijl. of
Greece,
11. 177.
piclurea et Jlatuarice artis, pra-ferendum.
\\ hen Italy was overrun by the French during the
late revolution, this wmnderful monument of ancient art
W’as removed along with the celebrated Apollo Belvi-
dere, &c. from the Vatican, where they had been feen
and admired for 300 years, and placed in the Mufeum
°f Arts at Paris. “ A hero, fays the French account
of the latter, guided by vi&ory, drew it from the Vati¬
can, and tran(porting it to the banks of the Seine, has
fixed it there for ever.”
The Laocoon, Dr Gillies -f- obferves, may be re¬
garded as the triumph of Grecian fculpture 5 fince
bodily pain, the grofleft and moft ungovernable of all
©ur paftions, and that pain united wdth anguilh and
torture of mind, are yet expreffed with fuch propriety
and dignity, as afford leffons of fortitude fuperior to
any taught in the fchools of philofophy. The horrible
ihriek which Virgil’s Laocoon emits is a proper cir*
cumftance for poetry, which fpeaks to the fancy fey
images and ideas borrowed from all the fenfes, and has
a thoufand ways of ennobling its object: but the ex-
preffion of this ftiriek would have totally degraded the
ftatue. It is foftened, therefore, into a patient figh,
with the eyes turned to heaven in fearch of relief. The
intolerable agony of fuffering nature is reprefented in
the lower part, and particularly in the extremities of the
body ; but the manly breaft ftruggles againft calamity.
The contention is ftill more plainly perceived in his
furrow’ed forehead ; and his languilhing paternal eye
demands affiftance, lefs for himfelf than for his mifer-
able children, who look up to him for help.
The groupe of the Laocoon is compofed of five pie¬
ces of marble, joined together with fo much art and
z
neatnefs, that Pliny thought the whole was of one. Laodlrxa,
I he right arm of the father, and two of the arms of fiaoniedon.
the children are wanting. The deficiency is fupplied ~”~v ‘ ‘
by arms moulded on the groupe in plafter of Paris.
LAODICyEA on the Lycus, in Ancient Geogra¬
phy, a town of Phrygia, at firft called Diofpolis, then
Rhoas. It wras built by Antiochus fon of Stratonice,
and called after his confort Laodice. It was long an
inconfiderable place 5 but increafed toward the age of
Auguftus C&dar, after having fuffered in a fiege from
Mithridates. The fertility of the foil, and the good
fortune of fome of its citizens, raifed it to greatnefs.
Hiero who adorned it with many offerings, left the
people his heir to more than 2000 talents. After that
benefador folkwed Zeno the rhetorician j and his fan
Polemo, as renowmed a fophift as ever lived. T his
perfon flouriftied at Smyrna ; but was buried here by
the Syrian gate, near which wTere the fepulchres or
coffins of his anceftors. Laodicaea, though inland,
grew more potent than the cities on the coalt, and be¬
came one of the largeft towns in Phuygia. It was of¬
ten damaged by earthquakes, and reftored by its own
opulence or by the munificence of the Roman em¬
perors. Thefe refources failed, and the city, it is
. probable, became early a feene of iffin. About the
year 1097 it was poffeffed by the Turks, and fub-
mitted to Ducas general of the emperor Alexis. In
1120 the Turks facked fome of the cities of Phrygia
by the Maeander, but were defeated by the emperor
John Comnenus, who took Laodicaea, and built anew
or repaired the walls. About 1161 it was again un¬
fortified. Many of the inhabitants were then killed
with their biftiop, or carried with their cattle into cap¬
tivity by the Turks. In 1190 the German emperor,
Frederick Barbaroffa, going by Laodicaea, with his
army toward Syria on a croifade, was received fo kind¬
ly, that he prayed on his knees for the profperity of
the people. About 1196 this region with Caria was
dreadfully ravaged by the Turks. The fultan, on the
invafion of the Tartars in 1 255, gave Laodicaea to the
Romans j but they were unable to defend it, and it
foon returned to the Turks. It is now totally ruined
and deferted. Several remains of its ancient grandeur
are, however, ftill to be feen j particularly the ruins of
two theatres and an amphitheatre.—The memory of
this place is confecrated in Scripture, being one of the
feven churches to which St John-in the Apocalypfe
addreffes himfelf, commended by St Paul.
Laodicea on the fea, in Ancient Geography, ac¬
cording to Strabo, was a town of Seleucis in Syria,
extremely well built, with a commodious harbour. The
country about it yielded great quantities of wine. The
city took its name from Laodice, mother of Seleucus the
founder of it.
LAOMEDON, a king of Troy, whofe hiftory is in¬
volved in fables. He was fon of Hus king of Troy j
and married Strymo, called by fome P/acia, or
Leucippe, by whom be had Podarces, afterwards knowm
by the name of Priam, and Hefione. He built the
walls of Troy, and was affifted by Apollo and Nep¬
tune, whom Jupiter had banithed from heaven, and
condemned to be fubfervient to the will of Laomedort
for one year. When the walls were finiihed, Laomedon
refuftd to reward the labours of the gf dsj and foon af¬
ter his territories were laid wafte by the fea or Nep¬
tune,
LAP [ SSi 3 LAP
Laon tune, and his fubje&s were vilited by a pestilence fent
11 by Apollo. Sacrifices were offered to the offended
Lapathus. divinities j but the calamities of the Trojans increafed,
'“^v—and nothing could appe;fe the gods, according to the
words of the oracle, but annually to expofe to a fea
monder a Trojan virgin. Whenever the monfter ap¬
peared, the marriageable maidens were affembled, and
the lot decided w7hich of them was doomed to death
for the good of her country. When this calamity had
continued for five or fix years, the lot fell upon He-
fione, Laomedon’s daughter. The king was unwilling
to part with his daughter whom he loved with uncom¬
mon tendernefs, but his refufal would Irritate more
ftrongly the wrath of the gods. In the midft of his
fear and hefitation, Hercules came and offered to de¬
liver the Trojans from this public calamity, if Laome-
don would promife to reward him with a number of fine
horfes. The king confented $ but when the monfter
wras deftroyed, he refufed to fulfil his engagements, and
Hercules was obliged to befiege Troy and take it by
force of arms. Laomedon was put to death after a
reign of 29 years *, his daughter Hefione was given in
marriage to Telamon, one of the conqueror’s attend¬
ants ; and Podarces was ranfomed by the Trojans, and
placed upon his father’s throne. According to Hy-
ginus, the wrath of Neptune and Apollo was kindled
againft Laomedon, becaufe he refufed to offer on their
altars as a facrifice all the firft born of his cattle, ac¬
cording to a vow7 he had made.
LAON, a confiderable town of the Ifle of France,
and capital of the Laonois, with a caftle and biftiop’s
fee. Its principal trade confifts in corn and wine ; and
it is very advantageoufly feated on a mountain, in E.
Long. 3. 42. N. Lat. 49. 34.
LAOS, a kingdom of Afia beyond the Ganges 5
bounded on the north by China ; on the eaft, by
1 onquin and Cochin China j on the fouth, by Cam¬
bodia j and on the weft, by the kingdom of Siam,
and by the territories of the king of Ava. This coun¬
try is full of forefts, and abounds in rice, fruits, and
filh. L he inhabitants are well made, robuft, of an
olive complexion, and mild in their difpofition j but
very fuperftitious, and much addi£led to women.
Their principal occupation is tilling the ground and
fiftiing. ( he king fiiows himfelf but twice a-year,
and has large revenues from the elephants teeth found
in his dominions. Their religion is a kind of idolatry,
and much the fame as in China. Langiona is the ca¬
pital town.
LAPATHUS, Lapethus, or Lepithus, in Ancient
Geography, a town of Cyprus, about the middle of its
north fide, with a port or ftation for {hips, and a cog-
nominal river. It was built by a colony of Phoenici¬
ans, according to Scylax : by Belus king of Tyre, ac¬
cording to Alexander Ephefius. According to Strabo,
it w’as built by a colony of Spartans; and one of the
nine kings refided here, the laft of whom was Pififtra-
tus, who commanded the naval army of Alexander the
Great. There was a temple here dedicated to Venus.
The territory round it is called Lapithia by Diodorus
and Ptolemy ; Lapithu, the people, tainted with a de¬
gree of fatuity •, hen£e Lapathius denotes fatuus, (He-
fychius).—Now a village called Lapitha\ but, accord¬
ing to the Abbe Mariti, the longeft and moft extenfive
iu the iiland. Belides the advantage of a fine fituation.
it furnifties the belt productions in the country ; and
though Cyprus is in general not very abundant in
fruits, Lapitha feems a favoured fpot in this refpeft,
and may be called tlie garden of the ifland.
LAPIDARY, an artificer who cuts precious
ftones.
The art of cutting precious ftones is of great anti¬
quity. The French have carried this art to a very
great perfe£iion, but not in any degree fuperior to the
Britifti.
There are various machines employed in the cutting
of precious ftones, according to their quality. The
diamond, which is extremely hard, is cut on a wheel of
foft fteel, turned by a mill, w'ith diamond duft, tem¬
pered with olive oil, which alfo ferves to polifli it.
The oriental ruby, fapphire, and topaz, are cut on a
copper wheel with diamond duft tempered with olive
oil, and are polithed on another copper wheel with
tripoli and water. The hyacinth, emerald, amethyft,
garnets, agates, and other ftones not of an equal de¬
gree of hardnefs with the other, are cut on a leaden
W'heel with fmalt and water, and polilhed on a tin wheel
with tripoli. The turquois of the old and new rock,
girafol, and opal, are cut and poliflied on a wooden
wheel with tripoli alfo.
I he lapidaries of Paris have been a corporation
fince the year 1290. It is governed by four jurats,,
who fuperintend their rights and privileges, viiit the
mafter workmen, take care of the mafterpiece of
workmanftrip, bind apprentices, and adminifter the
freedom.
Lapidary is alfo ufed for a virtuofo {killed in the
nature, kinds, &c. of precious ftones j or a merchant
w'ho deals in them.
Lapidart Style, denotes the ftyle proper for monu¬
mental or other infcriptions.
This is a kind of medium between profe and verfe y
the jejune and the brilliant are here equally to be avoid¬
ed. Cicero has prefcribed the rules of it : Accedat
opportet oraUo varia, vehemens, plena fpiritus. Omnium
fententiarum gravitate, omnium verborum ponderibus, efl
utendum.
T he lapidary ftyle, which w7as loft with the ancient
monuments, has been retrieved at the beginning of this
age by Count Emanuel Teforo : it is now ufed various
ways at the beginning of books ; and even epiftles de¬
dicatory are compofed in it, of which we have no ex¬
ample among the ancients.
LAPIDESCENT, any thing which has the facul¬
ty of petrifying, or turning bodies to a ftony nature.
1 he older naturalifts fpeak of a lapidefcent principle, a
lapidefcent fpirit, a lapidefcent juice, &c.
LAPIS, in general, is ufed to denote a ftone of any
kind.
Lapis, in Roman antiquity, a geographical mea-
fure denoting a mile j becaufe miles were diftinguiftr-
ed by erefting a ftone at the end of each j from the
number marked on which, the length of way from
Rome might be knowm. The device is by Plutarch
afcribed to Caius Gracchus. This was more accu¬
rately executed by Auguftus, who ere£led a gilt pil¬
lar in the forum, at which all the public ways of Italy,
diftinguiihed by ftones, were terminated. The famot
thing was done in the Roman provinces. Hence the
phrafes tertius lapist centefmus lapis, &c. for three, a:
hundred*,
L A P [ 5:
Lapis huniired, &c. miles j and fometimes the ordinal num-
H her without lapis, as adduodecimum, &c. at twelve miles
diilance.
Ljpis AJJhis, in the natural hiftory of the ancients,
the name of a done called alfo farcophagus, from its
power of confuming flelh. See Sarcophagus.
Lapis Bononienjis, the Bolognian done. See Che¬
mistry, N° 1081, 1082.
Lapis Fungifer, a kind of earth found near Rome,
Naples, and Florence. It is found in the chalk hills
near Naples, in a dalaftitical form and of a white co¬
lour, intermixed with fine roots of Ihrubs. A piece of
it from Italy was found to contain filiceous, argillace¬
ous, and calcareous earth, together with fome magne-
fia, vegetable alkali, and oxide of iron.
Lapis Lazuli. See Lazulite, Mineralogy In¬
dex.
Lapis Lyncurius. See Lyncurius, ") Mineral-
Lapis Mutabilis. See Hydrophanes,3 ogy Index.
Lapis Hepaticus. See Lirsn-Stone.
Lapis Lydius. See Touchstone, and Lapis Lrnivs,
Mineralogy Index.
Lapis Objidianus. See Obsidian, Mineralogy
Index,
Lapis Nephriticus. See JADE-Stone, Mineralogy
Index.
LAPITHjflS, in Ancient Geography, a people of
Theffaly. See the next article.
LAPITHUS, in fabulous hidory, a fon of Apol¬
lo, by Stilbe. He was brother to Centaurus j and
married Orfinome, daughter of Euronymus, by whom
he had Phorbas and Periphas. The name of Lapithae
was given to the numerous children of Phorbas and
Periphas, or rather to the inhabitants of the country of
which they had obtained the fovereignty. The chief
of the Lapithae afiembled to celebrate the nuptials of
Perithons, one of their number. Among them were
Thefeus, Dryas, Hopleus, Mopfus, Phalerus, Exadius,
Prolochus, Titarefius, &c. The Centaurs were alfo in¬
vited to partake the common fedivity •, and the amufe-
ments would have been harmlefs and innocent, had
not one of the intoxicated Centaurs offered violence
to Hippodamia the wife of Perithous. The Lapithge
refented the injury, and the Centaurs fupported their
companions ; upon which the quarrel became univer-
fal, and ended in blows and daughter. Many of the
Centaurs were fiain, and they at lad were obliged to
retire. Thefeus among the Lapithae fhowed himfelf
brave and intrepid in fupporting the caufe of his
friends; and Nedor alfo was not lefs a&ive in the pro¬
tection of chadity and innocence. Hefiod has defcrib-
ed the battle of the Centaurs and Lapithae 5 as has alfo
Ovid, in a more copious manner. The invention of
bits and bridles for horfes is attributed to the Lapi¬
thae.
LAPLAND, the mod northerly country of Eu¬
rope, extending from the North cape in 710 30' N.
Lat. to the White fea under the arftic circle, is in¬
habited by the fame people, though the country is
fubjeft to different powers. Norwegian Lapland, un-
,der the dominion of Denmark, lies between the nor¬
thern fea, the river Pais, and the lake Enarak. Swe-
dilh Lapland comprehends all the country from the
Baltic to the mountains that feparate Norway from
Sweden. It is divided into fix didricls, denominated
2
2 j LAP
march or territory ; and thefe are didinguilhed by the Lapland,
names of rivers, fuch as Aungnermanland, Elma, —
Peta, Lula, Torna, and Kimi. The eadern pait,
fubjeft to the czar of Mufcovv, fituated between the
lake Enarak and the White fea, is divided into three
didinft prefeClitres ; namely, that of the fea coal! to¬
wards the north, called Mourmankoi Leporie ; the Ter-
Ikoi Leporie, upon the coad of the White fea ; and
the third, or inland, known by the name of Bellamo-
refkoi Leporie. In Swedifh Lapland, which is the mod
confiderable of the three, the provinces or marcks are
fubdivided into fmalkr didrifts called biars, confiding
each of a certain number of families; among which
the land is parcelled out by government, or the prefect
of the didriCt appointed by the king of Sweden.
Lapland may be termed a huge congeries of fright¬
ful rocks and dupendous mountains; interfperled,
however, with many pleafant valleys, watered by an
infinite number of rivulets that run into the rivers and
lakes, which difcharge themfelves into the gulf o^
Bothnia. The names of the principal lakes in Lap-
land are the Great Uma, the Great Winded, the
Oreavan, the Stor-avan, the Great Lula ; the lakes
of Kartom, Kali, Torno, Enara, and Kimi. Some
of thefe extend 60 leagues in length, and contain a
great number of idands : Stor-avan is faid to contain
365 : and Enara contains an archipelago of idands fo
large, that no Laplander has lived long enough to
vilit each particular idand. The natives believe this
country to be the terredrial paradife •, and indeed no¬
thing could be more enchanting than fuch vad prd-
fpedls of mountains, hills, foreds, lakes, rivers, &c.
if the country w as in a moderate climate; though
even here, in dimmer the rofes are feen blowing wild
on the banks of the lakes and rivers, with all the beau¬
tiful glow of colour which appears in thofe cultivated
in our gardens. But all the intervals between the
mountains are not engroffed by thefe agreeable pro-
fpefls ; great part of the fiat country is covered with
brown dudty foreds of fir and pine trees •, and thefe are
often fkirted by wide extended moraffes, the dagna-
ting wTaters of which in dimmer produce myriads of
mifehievous infedls, that are more intolerable than
even the cold of winter.
The cold of Lapland is very intenfe during the
winter, freezing even brandy and the watery part of
fpirit of wine, if the latter is not highly rectified: all the
lakes and rivers are frozen to a prodigious thicknefs ;
and the whole face of the country is covered with fnow
to the depth of four or five feet. While this continues
loofe, it is impodible to travel; for a man’s eyes are
not only blinded with it, but if a drong wind Ihould
rife he will be buried in the drifts of fnow : yet (hould
a partial thaw take place for a few hours, the furface
of this fnow is formed by the fucceeding frod into a
hard impenetrable crud, over w'hich the Laplander
travels in his fledge with great celerity. While the
thaw prevails, the air is furcharged with vapours, and
the climate is rainy j but while the north wind blows,
the Iky is beautifully ferene, and the air very clear.
The heat of fummer is almolt as intolerable in Lap-
land as the cold of winter. At the northern extremi¬
ty of the country the fun never fets for three months
in fummer, and in winter there is an uninterrupted
night of the fame duration j but this is qualified in fuch
a
Lapland,
LAP L 55.? 1 LAP
a manner by a conftant revolution of dawn and twi¬
light, by a ferene Iky, moon light, and aurora borea¬
lis, refle&ed from the white lurfaee of the earth co¬
vered with fnow, that the inhabitants are enabled to
hunt, filh, and proceed writh their ordinary occupa¬
tions. The country abounds with excellent fprings j
and is remarkable for fome furprifing catarafts, in
which the water tumbles over frightful precipices, and
dallies among rocks with amazing impetuofity and
noife.
The foil of Lapland is generally fo chilled and bar¬
ren, that it produces little or no grain or fruit trees
of any kind. This fterility, however, is not fo much
owing to the foil, which is in many places of a rich
mould, as to want of induftry j for in fome diftri&s the
Swedes have tilled and manured pieces of ground that
bear plentiful crops of rye. There is alfo great plenty
of berries: fuch as black currants •, what is called the
Norwegian mulberry, growing upon a creeping plant,
and much efteemed as an antifcorbutic $ rafpberries,
cranberries, juniper berries, and billberries. The
tops of the mountains are fo much expofed to intenfe
cold, and tempells of fnow and hail, that no tree will
grow near the fummit; but in parts that are more
flickered, we fee fine woods of birch, pine and fir,
difpofed by nature as if they had been planted by art
in rows at regular diftances, without any undergrowth
or encumbrance below. Befides thefe trees, fome parts
of Lapland produce the fervice tree, the willow, the
poplar, the elder, and the cornel. Among the plants
of this country the principal is the angelica; which is
greatly efteemed by the natives, who ufe it in their
food. Here is likewufe the acetofa or forrel, which
grows in great plenty, and is of much fervice on ac¬
count of its antifcorbutic properties. They have alfo
other kinds of herbs peculiar to the country, different
kinds of grafs, heath, fern, and mofs; which are all enu¬
merated by Linnaeus in his Flora Lapponica. But the
vegetable which is in greateft plenty, and of the moft
extenfive ufe among them, is the lichen rangiferus. The
rein deer is wholly fuflained in winter by this vegeta¬
ble ; and the Laplanders themfelves boil it in broth as
a cordial and reftorative. They likewife ufe one fort
of it as a foft, eafy, and wholefome bed for their new¬
born children.
Some filver and lead mines have been difcovered in
the provinces of Pitha and Lula •, and two of copper,
together with excellent veins of iron, in the diftridl of
Torno $ but they are not at prefent worked with any
eonfiderable advantage. In fome places there are veins
of lilver and gold mixed ; but thefe mines are worked
only for a few months in the fummer, becaufe the froft
hinders the engines from playing. Here are found
beautiful cryftals, of a furprifing magnitude, fo hard
and fine, that when polilhed they referable real dia¬
monds. In fome places amethyfts and topazes are
alfo found, but pale and cloudy j alfo a great quantity
of very curious ftones, which are too hard to be work¬
ed by the tool of the mafon. Somp of thefe found on
the banks of rivers and lakes, when they happen to
bear the lealt refemblance to the figures of animals,
the Laplanders remove to more confpicuous places,
and adore as deities. The province of Tornea affords
foine curious ftones of an octagonal fhape, regular,
fhining, and poliihed by the hand of nature. In fome
VOL. XL Part II.
rivers they fifh for pearls, which are generally pale ; Lapland,
but fome of them are as bright as the oriental pearls, —
and much larger and rounder. Thefe pearls are found
in muffel ftiells 5 and the fifhery is not in the fea, but
in rivers.
Lapland, as well as Norway, is infefted with a great
number of gray wolves and bears, with whom the in¬
habitants wage perpetual war. The moft honourable
exploit among the Laplanders is that of killing a bear ;
and the heroes adorn their caps with a fmall plate of
lead or pewter for every bear they have flain. The
country abounds alfo with elks, beavers, and otters,
which live here unmolefted, and find plenty of fifh for
their fubfiftence. The forefts of this country furnifh
haunts to a great number of beautiful martens and
fquirrels $ which laft change their colour every winter
from brown to gray. Lapland is alfo the native coun¬
try of the zibeling or fable, whofe fldn is extremely va¬
luable. Here are likewife ermines, wTeafels, hares,
large black cats which attend the Laplanders in hunt¬
ing, and little prick-eared curs trained to the game.
But the moft remarkable animal of Lapland is the rein
deer, for an account of which, fee Cervus, Mammalia
Index. Thefe animals, fo ufeful in various refpedts to the
natives, are kept at no expence. In fummer they feed
upon graffes and alpine plants ; in winter, as already
mentioned, upon the lichen rangiferus^ or rein-deer lichen,
and its varieties, wdiich are fo abundant as in many
parts almoft totally to cover the ground for the fpace
of feveral miles, and which the fagacious animal dif-
covers under the fnow by the peculiar acutenefs of its
fmell. Moft of thofe ufed for draught are caftrated
when very young, and are larger and fatter than the
bucks. The woods, mountains, and rivers, are well
flocked with wild fowl j fuch as buftard, partridge,
growffe, heathcock, pheafants, lapwings, fwans, wild
geefe, wild ducks, and all forts of aquatic birds that
build and breed in northern climates. In the beginning
of the fpring the fwrans go thither in numerous flights
from the German ocean; the lapwings follow in fuch
fwarms that they darken the Iky as they pafs along,
and feream fo loud that they may be heard at a great
diftance. The rocks and mountains are likewife fre¬
quented by eagles, havrks, falcons, kites, and other
birds of prey.—The rivers abound with delicious fal-
mon from the gulf of Bothnia, trout, bream, and
perch of exquiiite flavour and amazing magnitude j
and the inhabitants of Wardhus, or Danifti Lapland,
are well fupplied with fiih from the northern ocean.—
With refpedl to infefts, the flies hatched in the mo-
raffes and woods in fummer are fo numerous, that they
often obfeure the face of day ; and fo venomous, trouble-
fome, and intolerable, that the rein deer fly to the
tops of the higheft mountains for flicker, and the
Laplanders betake themfelves to the fea fide, which
is the leak infefted by thefe peftilent vermine.—
M. de Maupertuis, in his account of the voy ge
he made to Lapland, in company with the other
French mathematicians fent thither by the king to
meafure a degree of the meridian, gives us to un-
derfland, that on the tups of the mountains in Torno
the flies were fo troublefome, that even the Finland
foldiers, who are counted the moft hardy troops in
the fervice of Swreden, were obliged to cover their faces
with the fkirts of their coats from the attacks of thefe
4 A gnimals,
lap [ 55
Lapland, animals, which fwarmed to fuch a degree, that the
v moment a piece of flelh appeared it was blackened all
over. Some of thefe flies are very large, with green
* heads, and fetch blood from the fkin wherever they
ftrike. The Laplanders fhroud themfelves in the fmoke
of a large fire kindled for that purpofe : yet even this
difagreeable expedient was not fufficient to defend the
French philofophers: they were obliged, notwithftand-
ing the exceffive heat, to wrap up their heads in gar¬
ments made of the fkins of rein-deer, called in that
country lapmudes, and to cover themfelves with a thick
rampart of fir boughs •, yet all thefe precautions proved
ineffe&ual. M. de Maupertuis obferved a lake quite
covered with little yeliowifh grains, refembling millet
feed, which he fuppofed to be the chryfalifes of fome
of thefe infers.
The Laplanders are very low in ftature, and are
likewife remarkable for having large heads. They are
alfo ill-fhaped, and their features harfh. They are,
however, ftrong, hardy, and robufl, infomuch that
they will bear incredible fatigue ; and it is remarked
that the flouted Norw'egian is not able to bend the
bow of a Laplander. The wTomen are much lefs home¬
ly than the men, and many of them are noted for a
delicate and florid complexion.
Thefe people are iimple, honed, hofpitable, and ti¬
morous : theiiptirnidity, howeVer, refpedls w^ar alone ;
for to many other fpecies of dangers they expofe them¬
felves with furprifing intrepidity, whether in afcend-
ing and defcending mountains and precipices with their
fnovv dioes and in fledges, or in venturing amidft whirl¬
pools and cataracts in little {lender boats made of thin
fir boards, fadened together with thongs of leather,
finews of wild beads, or tough and flexible twigs of
willow7 and ofier. Thefe boats are of different fizes,
from tw7o to fix yards in length, managed with oars
and‘caulked with mofs fo tight as to keep out the
water. The Laplanders are partly fettled, and in part
wild and roving : the latter live in tents made of
coarfe cloth •, the former are fixed in fmall villages near
the lakes, and chiefly follow fifliing. They build their
cottages fomewhat in the fhape of a cone, by placing
a circle of large trees or poles aflant in the earth, and
clofe to each other, fo that their tops meet, and form
a fmall vent for the iffue of the fmoke 5 they cover the
ground within wbtb brandies of trees. In fpring their
food cdiififts principally of the eggs of w7ater fowl,
which are extremely plentiful in thofe parts 5 in dim¬
mer and autumn, of the birds themfelves, and of va¬
rious others of the partridge tribe j and in w’inter of
the milk and flefh of the rein deer and dried fifh. They
had tiN lately no bread; but in lieu thereof ufed the in¬
ner rind of the pine tree dried and ground, and dried
fifh reduced to powder. They make confe£lions and
decoffions of benies, angelica, and forrel, wdrich they
jufily reckon to be prelervatives agamfl the fcurvy.
The Laplander is fecured in the poffeffion of unin¬
terrupted health by temperance and exercife, which,
together with the feverity of the climate, brace his
nerves to a very unufual pitch of ftrengtb, and fortify
his confhtutioTi in fuch a manner, that he oiten lives
to the age of loo, without feeling the leaft pang of
diflemper, or even perceiving his vigour in the leaft
impaired ; for it is not uncommon to fee a Laplander,
in extreme old age, hunting, fowling, fkating, and
4 ] LAP
performing all the fevered: exercifes writh undiminifhed
agility.
The fummer garb of the men confifts of a long
coat of coarfe cloth, reaching dowm the middle of the
leg, and girded round the w7aiit with a belt or girdle ;
from which hang a Norway knife, and a pouch con-
taining flints, matches, tobacco, and other neceffaries;
the girdle itfelf being decorated w7ith brafs rings and
chains. Their caps are made of the fkin of the north¬
ern diver, w7ith the feathers on ; and their fhoes bf
the rein deer fkin, wdth the hair outwards. They
wear no linen ; but the garments of the better fort are
of a finer cloth, and they delight in a variety of co¬
lours, though red, as the molt glaring, is the moll a-
greeable. 'In wdnter they are totally cafed up in coats,
caps, boots, and gloves, made of the rein deer fkins.
In the Flora Lapponica Linmeus fays, “ Perhaps the
curious reader will wonder how the people in Lapland,
during the terrible cold that reigns there in winter,
can preferve their lives; fince almofl all birds, and
even feme wild beails, olefert it at that time. The
Laplander, not only in the day, but through the
whole w'inter nights, is obliged to wmnder about in
the woods with his herds of rein deer. For the rein
deer never corne under cover, nor eat any kind of fod*
der, but a particular kind of liverw'ort. On this ac¬
count the herdfmen are under the necefiity of living
continually in the woods, in order to take care of their
cattle, left they fhould be devoured by wild beafts.
The Laplander eafily does without more light, as the
fnow refledls the rays that come from the ftars, and
as the aurora borealis illuminates the air every night
with a great variety of figures. No part of our body
is more eafily deftroyed by cold than the extremities
of the limbs which are moft remote from the fun of
this microcofm, the heart. The kibes that happen to
our hands and feet, fo commort in the northern parts
of Sweden, prove this. In Lapland you will never fee
fuch a thing; although, wTere we to judge by the fitua-
tion of the country, w7e fhould imagine juft the contra¬
ry, efpecially as the people wrear no ftockings, as w7e
do, not only Angle, but double and triple. The Lap¬
lander guards himfelf againft the cold in the following
manner : He wTears breeches made of rein deer fkins
with the hair on, reaching dowm to his heels, and
fhoes made of the fame materials, the hairy part turn¬
ed outwards. He puts into his fhoes flender-eared
broad-leafed cyperus grafs, (carex veficaria, Spec. PI.
or the bladder carex), that is cut in fummer and
dried. This he firft combs and rubs in his hands,
and then places it in fuch a manner that it not only
covers his feet quite round, but bis legs alfo ; and be¬
ing thus guarded, he is quite fecured againft the intenfe
cold. With this grafs they fluff their gloves likewife,
in order to preferve their hands. As this grafs keeps
off the cold in winter, fo in fummer it hinders the feet
from fweating, and at the fame time preferves them
from being annoyed by ftriking againft ftones, &c. for
their fhoes are very thin, being made, not of tanned
leather, but the raw hide.”
The women’s apparel differs very little from that of
the other fex : only their girdles are more ornamented
with rings, chains, needle cafes, and toys, that fome-
times weigh 20 pounds. In winter, both men and
women lie in their furs; in fummer they cover them¬
felves
Lapland
LAP [ 555 ] LAP
Lapland, fclves entirely witli coarfe blankets to defend tkem
  from the gnats, which are intolerable. The Laplanders
are not only well difpofed, but naturally ingenious.
They make all their own furniture, their boats, Hedges,
bows and arrows. They form neat boxes of thin birch
boards, and inlay them with the horn of the rein deer.
The Swedes are very fond of the Lapland baikets made
of the roots of trees, flit in long thin pieces, and
twitted together fo nicely that they will hold water.
Among the manufadlures of this country we likewife
number curious horn fpoons, and moulds m wnich they
call the trinkets of tin which adorn their girdles. Over
and above thefe domeftic occupations, the men within
doors perform the office of cooks in dreffmg victuals
for the family. The women att as taylors and em¬
broiderers ; they make clothes, Ihoes, and boots, and
harnefs for the rein deer : they fpin thread of fur, and
knit it into caps and gloves that are very foft and
warm. They draw tin into wire through a horn •, and
with this they cover the thread which they ufe in em¬
broidering the figures of beafts, flow'ers, trees, and
rtars upon their caps and girdles.
The Laplanders make furprifing excurfions upon
the fnow in their hunting expeditions. They pro¬
vide themfelves each with a pair of Ikates, or fnow
flroes, which are no other than fir boards covered wnth
the rough fldn of the rein deer, turned in luch a man¬
ner that the hair rifes againft the Inow, otherwife
they would be too flippery. One of thefe Ihoe.s is
ufually as long as the perfon who wears it ; the other
is about a foot (horter. The feet ftand in the middle,
and to them the ftioes are fattened by thongs or withes.
The Laplander thus equipped wields a long pole in
his hand, near the end of which there is a round ball
of wood to prevent its piercing too deep in the fnow ;
and with this he flops himfelf occafionally. By means
of thefe accoutrements he will travel at the rate of 60
miles a-day without being fatigued 5 afcending fleep
mountains, and Hiding down again with amazing
' Jwiftnefs.
The Laplander not only travels a-foot, but is pro¬
vided with a carriage drawn by the rein deer, in which
he journeys with ftill greater rapidity. The fledge,
called fntlka, is made in the form of a fmall boat, with
a convex bottom, that it may Hide the more eafily
over the fnow : the prow is lharp and pointed ; but the
fledge is flat behind. The traveller is fwathed in this
carriage like an infant in a cradle, with a flick in his
hand to fleer the veffel, and difengage it from pieces
of rock or flumps of trees that may chances to encoun¬
ter it in the route. He mutt aiib balance the fledge
with his body, otherwife he wall be in danger of be¬
ing overturned. The traces, by which this carriage is
fattened to the rein deer, are fixed to a collar about
the animal’s neck, and run down over the breafl be¬
tween the fore and hind legs, to be connected with the
prow of the fledge : the reins, managed by the travel¬
ler, are tied to the horns; and the trappings are fur-
nhhed with little bells, the found of which is agreeable
to the animal. With this draught at his tail, it has
been reported that the rein deer wall fly like lightning
over hill and dale at the rate of 200 miles a-day. But
this reprefentation is greatly exaggerated. According
to the beft accounts, the common pace of the rein deer
is only at the rate of about four miles an hour 5 though,
if he be prefled, he will travel 10 or 12 Swediih miles La
(70 or 84 Engliih miles) in a day j but by fuch hard
driving is generally deftroyed. It, however, fre¬
quently happens, that he will perlevere in his jour¬
ney 50 miles without intermiflion, and without taking
any refrefhment, except occalionally moiflening his
mouth with the fnow. Before he lets out, the Lap¬
lander whifpers in his ear the way he is to tollow, and
the place at which he is to halt, firmly perfuaded that
the beaft underilands his meaning: but, in fpite of
this intimation, he frequently flops ihort long before
he has reached the journey’s end *, and fometimes he
overfhoots the mark by leveral leagues. In the begin¬
ning of winter the Laplanders mark the moft frequent¬
ed roads, by ttrewing them with hr boughs ; and in¬
deed thefe roads are no other than pathways made
through the fnow by the rein deer and the pu’kas ;
their being frequently covered with neur fnow, and al¬
ternately beaten by the carriage, confolidates them into
a kind of caufeway j which is the harder if the furiace
has felt a partial thaw, and been crufled by a fubfe-
quent frott. It requires great caution to follow thefe
tracks j for if the carriage deviates to the right or left,
the traveller is plunged into an abyfs of fnow. In lefs
frequented parts, where there is no fuch beaten road,
the Laplander dire&s his courfe by certain marks which
he has made on the trees.
The chief occupation of the Laplanders is hunting,
and this exercife they perform in various wTays. In
iiimmer they hunt the wild beafls with fmall dogs,
trained to the diveriion. In winter they purfue them
by their tracks upon the fnow, fkating with io great ve¬
locity, that they very often run down the prey. They
catch ermines in traps and fometimes with dogs.
They kill fquirrels, martens, and fables, with blunt
darts, to avoid wounding the fkin. Foxes and bea¬
vers are flain with lharp-pointed darts and arrows ; in
fhooting which, they are accounted the beft markfmen
in the world. The larger beafls, fuch as bears, wolves,
elks, and wild rein deer, they either kill with fire¬
arms purchafed in Sweden or Norway, or take in
fnares and pits dug in the forefts. Their particular
laws relating to the chafe are obferved with great
punctuality. The bealt becomes the property of the
man in whofe fnare or pit he is caught ; and he who
difeovers a bear’s- den has the exclufive privilege of
hunting him to death. The conquefl of a bear is the
moft honourable atchievement that a Laplander can
perform *, and the fleih o! this animal they account the
greateft delicacy on earth. The bear is always de-
fpatched with a fufil, fometimes laid as a fnare, ready
cocked and primed ; but more frequently in the hands
of the hunter, who runs the moft imminent rilk of his
life Ihould he mifs his aim of wounding the beaft
mortally. The death of a bear is celebrated by the
Laplanders as a fignal victory. The carcafs is drawn
to the cabin or hut of the vkftor by a rein deer, wh ch
is kept facred from any other work for a whole year
after this fervice. The bear is furrounded by a great
number of men, women, and children, reciting a par¬
ticular hymn or long of triumph, in which they thank
the vanquiftied enemy for having allowed himfelf to be
overcome without doing any mifehief to his conque¬
ror, and welcome his arrival : then they make an apo-
ilrophe to heaven, exprefling their acknowledgment to
4 A 2 God,
rd.
LAP [ S56
G°d, that he h*; created beads for the ufe of men,
and endued mankind with ilrength and courage to over¬
come and attack the fierceid of the brute creation. The
hero is faluted by the women, who fpit chewed elder-
bark in his face. He is feafted three days fuccedivelv,
and his cap is decorated with an additional figure’
wrought in tin wire. °
The manner in which the young Laplander choofes
a wife is equally remarkable and ludicrous. When he
has pitched upon a female, he employs fome friends as
mediators with the father j and thefe being provided
with lome bottles of brandy, the fuitor accompanies
them to the hut of his future father-in-law, who in¬
vites the mediators to enter ; but the lover is left with¬
out until the liquor be drank, and the propofal dif-
cufled : then he is called in, and entertained with fuch
faie as the hut affords j yet without feeing his mifirefs,
who^ retires and goes out on this occalion. Having
obtained leave of her parents to make his addreffes in
perfon, he puts on his bell apparel, and is admitted to
the lady, whom he falutes with a kifs; then he pre-
fents her^ with the tongue of a rein deer, a piece of
beaver’s flefh, or fome other fort of provifion. She de¬
clines the offer, which is made in prefence of her lif¬
ters and relations j but makes a fignal to the lover to
follow her into the fields, where Ihe accepts the pre¬
fen ts. . Thus encouraged, he begs her permiffion to
li^ep with her in the hut: if fhe confents, there is no
further difficulty; if fire difapproves of the propofal,
Hie drops her prefents on the ground. When the lov¬
ers are agreed, the youth is permitted to vifit his ina¬
morata as often as he fiiall think proper ; but every
time he comes, he muft purchafe this pleafure with a
Irelh bottle of brandy ; a perquifite fo agreeable to the
jaffier, that he often poftpones the celebration of the
nuptials for two or three years. At length the cere¬
mony is performed at church by the priefi of the parifii.
Even after this event, the hulband is obliged to ferve
his father-in-law a whole year j at the expiration of
which he retires to his own habitation with his wife
and her patrimony of rein deer, and receives prefents
from all his friends and relations. From this period he
fequeifers his wdfe from the company of all firangers,
Specially of the male fex, and watches over her conduct
with the moll jealous vigilance.
Many Lapland women are barren, and none of them
are very fruitful. A wToman, immediately after deli¬
very, fwallows a draught of whale fat: 'the child is
walked with fnow or cold w7ater, and wrapped up in
a hare fitin. Ihe mother is feldom above five days in
ihe itraw, and in fourteen is generally quite recovered :
then (he carries the child to church to be baptized.
Before fhe can reach the refidence of the prieil, (he is
often obliged to traverfe large forefts, mountains, lakes,
and wide extended wmftes of fnow. The infant is fa¬
ttened in a hollow'ed piece of w7ood, ftretched naked
on a bed of fine mofs, covered with the foft Ikin of a
young rein deer, and flung by two ftraps to the back
of the mother, who always fuckles her own child. At
home this little cradle is hung to the roof of the hut,
and the child lulled afieep by fwdnging it from one fide
to the other. 'Ihe boys from their infancy praftife
the^ bow7 ; and are not allowed to break their fall
until they have hit the mark. The female children
]
L A P
are as early initialed in the bufinefs peculiar to their Lapland.
fex.   v"~-—
I hele people, though for the moft part vigorous
and healthy, are not altogether exempted from dif-
temper. I hey are fubjettt to fore eyes, and even to
bundnefs, from the fmoke of their huts, and the fire
to which they are almort continually expofed. Some
w7afte away in confumptions ; others are affii&ed w’ith
rheumatic pains and the feurvy j and a few7 are fub-
jeft to vertigo and apoplexy. For the cure of all their
internal dilorders, they ufe no other medicine than the
decoddion of a certain fpecies of mofs j and when this
cannot be procured, they boil the ftalk of angelica in
the milk of the rein deer. In order to remove a fixed
pain, they apply a large muthroom, burning hot, to
the part aftefted ; and this produces a blitter, which
is iuppofed to draw off the peccant humour. To their
w'ounds they apply nothing but the turpentine that
drops from the fir tree. When they are froft bitten,
(though according to the above extract from Lin¬
naeus this feldom or never happens), we are told that
they thruft a red-hot iron into a cheefe made of rein,
deer’s milk, and with the fat that drops from it anoint
the frozen member, which generally recovers. When
a Laplander is fuppofed to be on his deathbed, his
friends exhort him to die in the faith of Chritt, and
bear his fufferings with refignation, by remembering
the paffion of our Saviour. They are not, however,
very ready to attend him in his laft moments ; and as
foon as he expires, quit the place with precipitation,
apprehending fome injury from his fpirit or ghoft*
which they believe remains with the corpfe and takes
all opportunities of doing milchief to the living. The
deceafed is wrapped up in wmollen or linen, accord¬
ing to his circumftances, and depolited in a coffin by
a perfon fele&ed for that purpofe : but this office he
will not perform, unlefs he is firft fecured from the ill
offices of the manes, by a confecrated brals ring fixed
on his left arm. The Chriftian religion in this coun¬
try has not yet difpelled all the rites of heathemlh fu-
perftition : together with the body they put into the
coffin an axe, a flint, and fteel, a fiaik of brandy, fome
dried filh and venifbn. With the axe the deceafed is
fuppofed to hew down the bullies or boughs that may
obltruft his paffage in the other w7orld : the fteel and
flint are defigned for linking a light, fhould he find
himfelf in the dark at the day of judgement j and on
the provifion they think he may fubfitt during his
journey.
The Mufcovite Laplanders obferve other ceremonies,
that bear an affinity to the fuperllitions of the Greek
church. They not only fupply the defuncl with money,
but likewife provide him with money for the porter of
paradife, and a certificate figned by the prieft, and di¬
rected to St Peter, fpecifying that the bearer had lived
like a good Chriftian, and ought to be admitted into
heaven. At the head of the coffin they place a little
image of St Nicholas, wh© is greatly reverenced in all
parts of Mulcovy as a friend to the dead. Before the
interment, the friends of the deceafed kindle a fire of
fir boughs near the coffin, and exprefs their forrow in
tears and lamentations. They walk in proceffion feve-
ral times round the body, demanding, in a whining
tone, the reafon of his leaving them on earth. They
ally
LAP
[ 557 1
LAP
Lapland. a{k whether he was out of humour with his wife j whe-
ther he was in want of meat, drink, clothing, or other
neceffaries j and whether he had not fucceeded in hunt¬
ing and filhing ? Thefe, and other fuch interrogations,
to which the defundt makes no reply, are intermingled
with eroans and hideous bowlings; and, between wdriles,
the pried fprinkles the corpfe and the mourners alter¬
nately with holy water. Finally, The body is convey¬
ed to the place of interment on a fledge drawn by a
rein deer; and this, together with the clothes of the
deceafed, are left as the prieft’s perquifite. Three days
after the burial, the kinfmen and friends of the defunft
are invited to an entertainment, where they eat the flefti
of the rein deer which conveyed the corpie to the bu-
rying ground. This being a facrifice to the manes,
the bones are colledled into a balket, and interred.
Two thirds of the elfefts of the deceafed are inherited
by his brothers, and the remainder divided among
his fillers : but the lands, lakes, and rivers, are held
in coparceny by all the children of both fexes, ac¬
cording to the divifion made by Charles IX. of Swe¬
den, when he afligned a certain tra£l of land to each
family.
The commerce of the Laplanders is more confider-
able than one would expeft in a defert country, inha¬
bited by a favage ignorant people. They export
great quantities of fifli to the northern parts of Both¬
nia and White RuiTia. They likewife trade with the
neighbouring countries of Norway, Sweden, Mul’co-
vy, and Finland, by felling rein deer, fine furs, baf-
kets and toys of their own manufafture, dried pikes,
and cheefe made of the rein deer’s milk. In return
for thefe commodities they receive rixdollars, woollen
cloths, linen, copper, tin, flour, oil, hides, needles,
knives, fpin'tuous liquors, tobacco, and other neceflfa-
ries. The Laplanders march in caravans to the fairs
in Finland and Norway : thefe are compofed of a
long firing of 30 or 40 rein deer and pulkas tied to
one another, the foremoft being led by a Laplander
on foot. When they have chofen a fpot for an encamp¬
ment, they form a large circle of their rein deer and
pulkas ready yoked and the animals lying down
quietly on the fnow, are fed wrth mofs by their ma¬
ilers. The people kindle great fires, around wdfich,
men, women, and children lit, and flip on dried filh :
but the more voluptuous fpread out bear Ikins un¬
der their tents, where they lie at their eafe and fmoke
tobacco.
The revenue arifing from this country is of no great
confequence : it is paid partly in rixdollars, but chiefly
in furs ; nay, fome that can procure neither, pay the
tribute in dried pikes. The produce of the mines forms
like wife a coniiderable article. Fifty fquirrel Ikins, or
one fox Ikin, with a pair of Lapland ihoes, are valued
at one rixdollar. Part of the taxes is allotted for the
maintenance of the Lapland clergy. The frightful af-
pe l of this country has been deemed a more effedlual
defence than artificial bulwarks and garrifons, of which
here are none •, or than the arms and courage of the na¬
tives, who are neither warlike in themfelves, nor in the
leaft tinffured with difcipline.
The Laplanders rail themfelves Salme-Same, and Sa-
mm Almatjeh. Their country they denominate Same-
Landa. or Snme-aednam ; the Swedes ftyle it Lapland
or Lappmarkenr and the inhabitants Lappar. The na¬
tives of thofe diftri£ls under the dominion or Sweden
and Denmark are Lutherans; while many of thofe
who are fubjedl to Ruflia are flill Pagans. Srvedith
Lapland contains about eight churches, which in iome
parts lie at fo great a difiance from each other, that a
native is frequently obliged to travel three days in or¬
der to attend divine fervice. The Laplanders, before
their converfion to Chriftianity, which was not till
lately introduced amongft them, poffeffed no books or
manufcripts, though they knew many traditional hi-
ftories and fongs of ancient heroes and princes who
once reigned over them j but involved in great uncer¬
tainty, and mixed with the moft fabulous accounts.
They have now7 a tranflation of the New Teftament in
their language j and many of the natives are able to
read and write.
LAPLYSIA, or Sea-hare; a genus of marine
animals belonging to the clafs of vermes. See Hel¬
minthology Index.
LAPSANA, nipplewort ; a genus of plants be¬
longing to the fyngenefia clafs ; and in the natural me¬
thod ranking under the 49th order, Compojitce. See
Botany Index.
LAPSE, in ecclefiaftical law, a flip or omiflion of
a patron to prefent a clerk to a benefice within fix
months of its being void : in which cafe, the benefice
is laid to be in Itipfe, or lapfed, and the right of pre-
fentation devolved to the ordinary.
And if the ordinary negleft to prefent during the
fame time, the right of prefentation accrues to the
metropolitan, and to the king by negleft of the me¬
tropolitan. This right of lapie was firfi eftabliihed in
the reign of Henry II. when the bifhops firft began to
exercife univerially the right of inftitution to churches :
and therefore when there is no right of infiitution,
there is no right of lapfe ; fo that no donative can
lapfe to the ordinary, unlefs it hath been augmented
by the king’s bounty ; but no right of lapie can ac¬
crue, wrhen the original prefentation is in the crown.
In cafe the benefice becomes void by death, or cethorj
through plurality of benefices, there the patron is
bound to take notice of the vacancy at his own peril ;
but in cafe of a vacancy by refignation or canonical
deprivation, or if a clerk prefented be refufed for in-
fufficiency, thefe being matters of which the bilhop
alone is prelumed to be cognizant, here the law re¬
quires him to give notice thereof to the patron, other-
wife he can take no advantage by way of lapfe ; nei¬
ther (hall any lapfe accrue thereby to the metropolitan
or the king. If the bifliop refufe or negleft to exa¬
mine and admit the patron’s clerk, without good rea-
fon afligned or notice given, he fiiall have no title to
prefent by lapfe : and if the right of prefentation be
litigious or conteited, and an aftion be brought againfl:
the bilhop to try the title, no lapfe fliall occur till the
queftion of right be decided. If the bifliop be both
patron and ordinary, he lhall not have a double time
allowed Vim to collate in : and if the bifliop doth not
collate his own clerk immediately to the living, and
the patron prefents, though after the fix months are
lapfed, yet the prefentation is good, and the bifliop is
bound to inftitute the patron’s clerk. If the bifliop
fuffer the prefentation to lapfe to the metropolitan, the
patron alfo has the fame advantage if he prefents be¬
fore the archbilhop has filled up the benefice : yet the
ordinary:
L A R [ 558 ] L A R
^Lapwing
I!
Larceny.
ordinary cannot, after lapfe to the metropolitan, col¬
late his own c1erk to the prejudice of the archbifhqp.
But if the prcfentation lapfes to the king, the patron
(hall never recover his right till the king has fatisiled
his turn by prefentation 3 for nullum tempus occurrit
regi.
LAPWING. See Tringa, Ornithology Index.
LAQUEARIUS, a kind of athleta among the an¬
cients, who in one hand held a laqueus, i. e. a fort of
fnare, wherewith to embavrafs and entangle his antago-
nilf, and in the other a poniard to itab him.
L AG UE US, in Surgery, a kind of ligature fo con¬
trived, that, when (hetched by any weight or the like,
it draws up clofe. Its ufe is to extend broken, or dif-
jointed bones, to keep them in their places while they
are fet, and to bind the parts clofe together.
LAR. a town of Perfia, in the province of Ears,
with a caftle. It carries on a great trade in (ilk 3 and
its territory abounds in oranges, lemons, and very large
tamarinds. E. Long. 54. 75. N. Lat. 27. 30.
L ARACHA, an ancient and llrong town of Africa,
in the kingdom of Fez. It is feated at the mouth
of a river of the fame name, with a good harbour. It
was once in the polfelfion of the Spaniards 3 but the
Moors took it from them. W. Long. 5. 55. N. Lat.
35 °* *
LARARIUM, wras a chapel which the Romans
frequently had in their houfes for the houfehold gods,
called lares. Spanian fays, that Alexander the fon of
Mammeus kept in his lararium the figure of our Sa¬
viour, together wuth his other idols.
LARBOARD, among Teamen, the left-hand fide
of the (hip when you (land with your face towards the
head.
LARCENY, or Theft, by contra&ion for latro-
ciny, latrocinium. is diflinguifhed by the law7 into twro
forts: the one called fimple larceny, or plain theft, un¬
accompanied with any other atrocious circumftance 3
and mixed or compound larceny, which alfo includes in
it the aggravation of a taking from one’s houfe or
perfon.
I. Simple larceny, when it is the dealing of goods
above the value of twelvepence, is called grand lar¬
ceny; when of goods to that value, or under, is pe¬
tit larceny: offences, which, are confiderably dilfin-
guifhed in their punifhment, but not otherwife. See
Theft.
II. Mixed, or compound larceny, is fuch ps has all
the properties of the former, (fee Theft) 3 but is ac¬
companied with either one or both of the aggravatipns
of a taking from one’s houfe or perfon. Fird therefore
of larceny from the houft, and then of larceny from the
perfon.
• 1. Larceny from the houfe, though it might feem
to have a higher degree of guilt than fimple larceny,
yet is not at all didinguifhed from the other at com¬
mon law 3 unlefs wdiere it is accompanied with the
circumdance of breaking the houfe by night ; and
then it falls under another defctiption, viz. that of
burglary, (fee Burglary). But now by feveral a<5Is
of parliament • (the hillory of which is very ingenioudy
ihzrr.37j. deduced by a learned mod-.rn writer *, w ho hath diown
them to have gradually arifen from our improvements in
trade and opulence), the benefit of clergy is taken from
larcenies committed in a houfe in a'mod every indance :
3
except that larceny of the dock or utendls of the Plate Larceny.
Glafs Company from any of their houies, 6tc. is made v
only tingle felony, and iiaoie to tranfportation for (even
years. The multiplicity of the general aits is apt to
create fome conlufion 3 but upon comparing them dili¬
gently, we may colleit, that die benefit of clergy is
denied upon the following domeftic aggravations of lar¬
ceny 3 viz. fird, in larcenies above the vah-.e of twelve-
pence, committed, 1. In a church or < . ie(, with or Blatkji.
without violence, or breaking the fame ; 2. In a booth Comment.
or tent in a market or fair, in the daytime or in the
night, by violence or breaking the lame, the owner or
fome of his family being therein : 3. By robbing a
dwelling hou(e m the daytime (which robbing implies a
breaking), any perfon being therein : 4. In a dwelling
houfe by day or by night, without breaking the lame,
any perfon being therein and put in fear 5 which
amounts in law to a robbery : and in both theie lad
cafes the acceffory before the fact is alfo excluded from
his clergy. Secondly, In larcenies to the value of jive
f illings, committed, 1. By breaking any dwelling
hou(e, or any outhouie, ihop, or warehoufe thereunto
belonging, in the daytime, although no perlon be
therein 3 which aHo now extends to aiders, abettors,
and aceeffories before the (a6t: 2. By privately dealings
goods, wares, or merohandiie in any (hop, w’arehoule,
coach-houfe, or dable, by day or by night ; though the
fame be not broken open, and though no perlon be
therein : which likdwife extends to iuch as afhd, hire,
or command the offence to be committed. Laltly, in
larcenies to the value of forty Jhilhngs in a dwxlhng
houfe, or its out houfes, although the lame be not bro¬
ken, and whether any perfon be therein or not 3 unlefs
committed againd their maders by apprentices under
the age of 15. This alfo extends Vo thoie wdio aid or
a(Iid in the commidion of any fuch od'ence.
2. Larceny from the perfon, is either by privately
dealing, or by open and violent adauit, which is ufual-
ly called robbery.
The offence of privately dealing from a man’s per¬
fon, as by picking bis pocket or the like, privily, with¬
out his knowdedge, was debarred of the benefit of cler¬
gy fo early as by the datute 8 Eliz. c. 4. But then
it mud be fuch a larceny as (lands in reed of the be¬
nefit of clergy, viz. of above the value of 1 2d, 3 elfe
the offender (hall not have judgement of death. For
the datute creates no' new offence 3 but only takes
awny the benefit of clergy, which was a matter of grace,
and leaves the thief to the regular judgement of the an¬
cient law7. This feverity (for a molt ievero law7 it cer¬
tainly is) feems to be owdug to the eale with which
fuch offences are committed, the difficulty of guarding
againd them, and the boldnels w7ith which they were
praftiied (even in the queen’s court and prefence) at
the time when this datute was made : beddes that this
is an infringement of property in the manual' occupa¬
tion or corporal poffed on of the ow7ner, which was an
offence even in a (late of nature. And therefore the
faccildrii, or cutpurfes, were more feverely punifhed
than common thieves by the Roman and Athenian
laws.
As to open and violent larceny from the perfon, fee
Robbery.
LARDIZABALA, a genus of plants belonging to
the dicecia clafs, and order hexandria. It is a native
of
L A R [ 5:
Lardner. of Chili, and is thus defcribed from the drawings of
^ La Martiniere the naturalift, who accompanied La Pe-
roufe in his voyage of difcovery.
Male Flower.—Calyx formed of fix expanding leaves,
oblong, oval, and obtufe •, the three outermoft being
largeft. Corolla compofed of fix lharp petals, fliorter
than the leaves of the calyx.
Female Flower.— Calyx fimilar to that of the male,
but larger. Corolla compofed of fix petals rarely en¬
tire, but commonly trifid at their top. Stamina fix
filaments diftinft •, anthers fix, oblong, barren. Seed-
bud •, cells from three to fix, oblong, nearly the length
of the corolla ftyles none *, ftigmata fitting, perma¬
nent. Berries equal in number to the cells, oblong,
acuminated (divided into fix cells, containing feveral
angular feeds). _ #
JLARDNER, Nathaniel, an eminent Engliih dif-
fenting divine, was born at Hawkhurll in Kent, June
6. 1684. After a grammatical education, to which
great attention muft have been given, and in which a
no lefs rapid prcgrefs muft have been made, he was
fent firft to a diffenting academy in London, which
was under the care of the Rev. Dr Jolhua Oldfield ;
and thence, in his i6th year, to profecute his ftudies
at Utrecht, under the celebrated profeffors D’Uries,
Graevius, and Burman. Here he remained fomewhat
more than three years, and then removed for a Ihort
fpace to Leyden. In 1703 he returned to England,
continuing at his father’s houfe to employ himfelf by
clofe and diligent preparation for the facred profeflion
which he had in view. Qualified as he was, it was
not till 1709 that he preached his firft fermon, from
Romans i. 16.—“ a text (his biographer remarks) than
which there could not have been a more proper one
for a man who was deftined in the order of Divine
Providence to be one of the ableft advocates for the
authenticity and truth of the Chriftian revelation that
ever exifted.”
A few years after this, Lardner was received into
Lady Treby’s family as domeftic chaplain and tutor
to her fon, and continued in this comforta’ le fituation
till her ladyfnip’s death in 1721. This event threw him
into circumftances of fome perplexity, having preach¬
ed to feveral congregations during his refidence with
Lady Treby without the approbation or choice of any
one congregation. Here we are told, “ that it redefts
no honour on the Difientefs, that a man of luch merit
fhould fo long have been neglefted.” But it hhs been
obferved upon this, that the pulpit was not the place
in which Mr Lardner was calculated either to convey
improvement or acquire reputation. Dr Kippis af-
Monthly ^erwards informs us, “ that his mode of elocution
Xt-vUru, v.-as very unpleafant *, that from his early' and extreme
Jan. (Ieafnefs jie could have no fuch command of his voice
as to give it a due modulation ; and that he greatly
dropped his words.” It cannot then, as his biogra¬
pher adds, be matter of furprife that he was not po¬
pular ; nor, it may be added, can it be any refledlion
on the congregations to which he occafionally preach¬
ed, that they did not choofe for their rainiftry a man,
who, notwithftanding his great learning and amiable
virtues, was fo deficient as a public fpeaker, that it was
impoff ble to hear him with any pleafure, and fcaicely
without pal n
Though Mr I.ardner had no church at which he
;9 ] L A R
officiated as minifter, he was engaged with fome of his Earch
diffenting brethren in preaching a Tuefday evening ''""’'V
lefture at the Old Jewry. Acquainted probably with
the direction of his ftudies, they appointed him to
preach on the proof of the Credibility of the Gofpel Hi-
Jlory. This he difeuffed, we are told, in two fermons j
and profecuting the fubjeft which he had taken up in
thefe difeourfes, in February 1727, he publiffied, in two
volumes odlavo, the Firjl Fart of “ The Credibility of
the Gofpel Hiftory, or the Fadls occasionally men¬
tioned in the New Teftament confirmed by’ Paffages
of ancient Authors who were contemporary with our
Saviour or his Apoftles, or lived near their Time.”
An Appendix was fubjoined, relating to the time of
Herod’s death.
Thus Mr Lardner commenced author, and began
his literary career with fingular reputation. “ It is
fcarcely neceffary to fay (obferves Dr Kippis), how
well this work was received by the learned world. Not
only was it highly approved by the Proteftant Diffent-
ers, wfith whom the author was more immediately
connected, but by the clergy in general of the efta-
blilhed church j and its reputation gradually extended
into foreign countries. It is indeed an invaluable per¬
formance, and hath rendered the moft effential fervice
to the caufe of Chriftianity. Whoever perufes this
work (and to him that does not perufe it, it will be
to his own lofs) will find it replete with admirable in-
ftrudlion, found learning, and juft and candid criti-
cifm.” Thefe two, with the fubfequent fifteen, vo¬
lumes odlavo, and the four thin quartos entitled Jewifo
and heathen Tefimomes, occupied him, with the inter¬
ruption arifing from fome fmaller productions, during
the fpace of forty-three years.
Dr Kippis gives us a particular account of the time
when each volume was publifhed, and of the fubjedts
diicuffed in each. The following uieful informa¬
tion which the dodtor introdtices, in fpeaking of
the “ Supplement to the Credibility,” deferves well to
be tranferibed. “ I cannot avoid ftrongly recom-
mending this work (Jays lie) to the attention of
all young divines. Indeed, I think that it ought to
be read by every theological Undent before he quits
the univerlity or academy in which he is educated.
There are three other works which will be found of
eminent advantage to thole who are intended for, or
beginning to engage in, the Chriftian miniftry. Thefe
are, Butler’s Analogy, Biftiop Law’s Confiderations
on the 'Theory of Religion, and Dr 'Taylor’s Key to the
Apoftolical Writings, prefixed to his Paraphrafe on the
Epiftle to the Romans. Without agreeing with every
circimiftance advanced in thefe works, it may be faid
of them with the greateft truth, that they tend to open
and enlarge the mind : that they give important view’s
of the evidence, nature, and deiign of revelation ; and 1
that they difplay a vein of reaioning and inquiry which
may be extended to other objedhs befides thofe imme¬
diately confidered in. the books tbemfelves.—It muft
not be forgotten, that the Supplement to the Credibi-
hty lias a place in the excellent colled!ioivef treatifes
in divinity which has lately been publifhed’by Dr Wat-
fon biihqp of Landaff. For a colledlion-which cannot
fail of being eminently conducive to the inftrudtion and
improvement of younger clergymen, and for she noble,
manly, and truly evangelical preface by which it is pre¬
ceded,
L A R [ 560 ] L A R
Laredo ceded, this great prelate is entitled to the gratitude of
^ H the Chriftian world.” It may not be improper to add,
1 ‘ that the Supplement to the Credibility was fome years ago,
publifhed feparately by the bookfellers, under the title
of The Hi/lory of the Gofpels and EpiJI/es.
Applauded as Dr Lardner’s works were, he received
little recompenfe for them. Some of the latter volumes
of the Credibility were publilhed at a lofs j and at laft
he fold the copy-right and all the remaining printed co¬
pies to the bookfellers, for the trifling fum of 150I. His
objed, however, was not private emolument, but to ferve
the interefts of truth and virtue *, and it pleafed Divine
Providence to fpare his life, both to complete his extenfive
plan, and to fee the laft volume, the 4th of the Tejlimo-
publiftied. This was in 1767. He was feized with
a decline in the fummer following j and was carried off
in a few days at Hawkhurft the place of his nativity,
where he had a fmall paternal eftate, in the 85th year
of his age.
LAREDO, a fea port town of Spain, in the bay of
Bifcay, with a large fafe harbour. It is 30 miles weft
of Bilboa, and 72 north by weft of Burgos. W. Long.
3. 45. N. Lat. 43- 23-
LARENTINALIA, in antiquity, a feaft held
among the Romans on the 23d day of December, but
ordered to be obferved twice a year by Auguftus $ by
fome fuppofed to have been in honour of the Lares,
but by others, with more probability, in honour of
Acca Laurentia j and to have been the fame with Lau-
rentalia.
LARES, among the ancients, derived by Apu-
leius (De Deo Socralis}, from lar, familiaris ; a kind
of domeftic genii, or divinities, worftiipped in houfes,
and efteemed the guardians and proteftors of families j
fuppofed to reflde more immediately in the chimney
corner.
The Lares were diftinguifhed from the Penates: as
the former were fuppofed to prefide over houfekeep-
ing, the fervants in families, and domeftic affairs j and
the latter were the protestors of the mafters of families,
their wives and children. Accordingly the Lares wrere
dreffed in ihort fuccinft habits, to (how their readinefs
to ferve; and they held a fort of cornucopia in their
hands, as a fignal of hofpitality and good houfekeep-
ing. ' According to Ovid, there were generally two of
them, who were fometimes reprefented with a dog at
their feet.
Plutarch diflinguifties good and evil Lares, as he had
before done good and evil Genii. There are alfo
fome public, others private Lares.
Apuleius tells us the domeftic Lares were no more
than the fouls of departed perlons, w’ho had lived w-ell,
and difcharged the duties of their flation; wdiereas
thofe w7ho had done otherwife, vere vagabonds, -wan¬
dering about and frightening people, called Larger and
Lemure
The Lares were alfo called "Penates, and were -wor-
fhipped under the figures of little marmoufets, or images
of wax, filver, or earthen ware.
The public Lares were alfo called Conpitales, from
compiium “ a crofs way j” and V>ales, from via “ a way
or public road as being placed at the meetings of
roads and in the high ways, pnd efleemed the patrons
and protedlors of travellers.
Their private Lares took take of particular houfes
1
and families: thefe they alfo called Profiles from Larefp
^uodpraflant oculis omnia tuta fuis. Ovid. Faft.
They gave the name Urbani, i. e. “ Lares of cities,” to
thofe w'ho had cities under their care j and Hq/lilii, to
thofe who were to keep their enemies off. There were
alfo Lares of the country, called Rurales, as appears by
feveral antique mfcnptions.
The Lares were alfo genial gods, and were fuppofed
to take care of children from their birth. It is for this
reafon that when Macrobius tells us the Egyptians had
four gods who prefided over the births of children,
viz. the Genius, Fortune, Love, and Neceffity, called
profiles, fome interpret him as if he had faid the E-
gyptians had Lares j but they have mentioned th«t
there was a great difference between the Lares of the
Romans and the Prseftites of the Egyptians. How¬
ever, the learned Mr Bryant affirms that they were the
fame.
The ancients differ extremely about the origin of the
Lares. Varro and Macrobius fay that they were the
children of Mania ; Ovid makes them the iflue of Mer¬
cury, and the Naiad Lara or Larunda; Apuleius allures
us they were the pofterity of the Lemures; Nigridius,
according to Arnobius, made them fometiraes the guar¬
dians and prote£l:ors of houfes, and fometimes the fame
wdth the Curetes of Samothracia, wffiich the Greeks call
Idcei dallyli. Nor was Varro more confiftent in his opi¬
nion of thefe gods j fometimes making them the manes
of heroes, and fometimes gods of the air.
T. Tatius king of the Sabines w'as the firft who
built a temple to the Lares. The chimney and fire¬
place in the houfe were particularly confecrated to
th em.
Tertullian tells us the cuftom of worffiipping the
Lares arofe from this, that they anciently interred
their dead in their houfes; whence the credulous
people took occafion to imagine their fouls continued
there alfo, and proceeded to pay. them divine honours.
To this it may be added, that the cuftom being after¬
wards introduced of burying in the high ways, they
might hence take occafion to regard them as gods of
the high ways.
The vi&im offered to the Lares in the public facri-
fices was a hog : in private, they offered them wine,
incenfe, a crowm of wxxfl, and a little of what was left
at the table. They alfo crowned them with flowers,
particularly the violet, myrtle, and rofemary. Their
fymbol was a dog, which was ufually reprefented
by their fide, on account of its fidelity and the fer-
vice it does to a man in watching his houfe. They
wrere fometimes alfo reprefented as clothed in a dog’s
fldn.
The term Lares, according to Mr Bryant, was
formed from laren, an ancient word by which the ark
was reprefented : and he fuppofes that the Lares and
Manes were the fame domeftic deities under different
names j and that by thefe terms the Hetrurians and
Latins denoted the dii arkito, who were no other than
their arkite anceftors, or the perfons preferved in the
laren or ark ; the genius of wffiich was Ifis, the repu¬
ted parent of the world. He obferves farther, that
they are deferibed as daemons and genii, wffio once lived
on earth, and were gifted with immorality. Arno-
L A K [ ]
bxus ftyles tliem Lares qaofdam genios <?/ funclofum
Large   _
II animas; and he fays, that according to Varro, they
^args- were the children of Mania. Huetius (Demonft.
"‘''v Prop. iv. p. 139.) adds, that Mania had alfo the name
oi Larunda; and die is flyled the mother of the dae¬
mons. By fome die is called Lara, and was fuppofed
to prefide over families j and children were offered at
her altar in order to procure her favour. In lieu of
thefe they in after times offered the heads of poppies
and pods of garlic.
LARGE, a fea term applied to the wind when
it croffes the line of-a fhip’s courfe in a favourable di-
reftion, particularly on the beam or quarter. Thus,
if a fliip fleer weft, then the wind in any point of the
compafs to the eaftward of the fouth or north may be
called large, unlefs when it is dire&ly eaft, and then it
is faid to be right aft. Sailing large is, therefore, ad¬
vancing with a large wind, fo as that the fheets are
ftackened and flowing, and the bow lines entirely dif-
ufed. 'Phis phrafe is generally oppofed to failing dole
hauled.
LARGESS. See Largitio.
LARGITIO, in Roman antiquity, was a diftribu-
tion of corn, provifion, clothes, money, &c. to the
people. Gracchus, when tribune, to make himfelf
popular, palled a law for fupplying the Roman citizens
with corn at a very low rate, out of the public gra¬
naries. Claudius, another tribune, with the fame views
to popular applaufe, procured it to be diftributed gratis.
 Cato, to win the common people from Cmfar, perfuad-
ed the fenate to do the fame, and 300,000 citizens
fliared in the diftribution. Caefar, after his triumph,
extended his bounty to 150,000, giving them each a
tnina. The Roman emperors enlarged ftill further the
lift of thofe who were to partake of their diftributions.
Largitio is frequently taken in a bad fenfe, to fignify a
mafked bribery j whereby candidates purchafed votes,
when they flood for places of honour or trull in the
flate. The diftribution of money was called congian-
titn, and the diftributors dhifores and fequejlres.
LARGS, a village on the well coafl of Scotland,
oppoftte to the ifland of Bute ; rendered memorable by
the defeat of the Norwegians here in their laft invafion
of this country.—This invafion was made in the year
1263, with a fleet of 160 fail and an army of 20,000
men, commanded by Haquin king of Norway, whofe
ravages on the coafl of Ayr, Bute, and Arran, reach¬
ing the Scottifh court, an army was immediately af-
fembled by Alexander III. and a bloody engagement
enfued at this village, when 16,000 of the invaders
were flain in the battle and flight, with 5000 Scots.
Haquin efcaped to the Orkneys, where he foon after
died of grief. The intrenchments of the Norwegian
camp may ftill be traced along the fhore of this place.
"The Scottifh commanders who fell in battle were bu¬
ried in a riling field, near the village ; three or four
perfons were interred in one grave, on each fide of
which was a large Hone, a third was placed acrofs the
grave, fupported at the extremities by the fide Hones,
and in this rude manner the warriors lay entombed.
Some years ago the proprietor of the field demoliftied
thefe repofitories of the dead, leaving only one (a
fpecial favour!) wftiich ferves to give an idea of the
whole.
Vol. XI. Part IL
L A R
of Italy, in the kingdom of Latino
LARINO, a town ..
Naples, in the Capitanata, wTith a bifhop’s fee. E. .L.ong.
15. 51. N. Lat. 41. 48. dar.
LARISSA, an ancient, rich, and celebrated town —^r-
of Greece, in the province of Janna or JLheffaly, with
an archbiftiop’s fee of the Greek church, a palace, and
feveral handfome mofques. According to \ irgil, it
was the country of Achilles. It was alio the place
where Philip the father of Alexander the Great refid-
ed.—The inhabitants carry on a confiderable trade.
The city is agreeably feated on the river Peneus, in
E. Long. 23. 36. N. Lat. 38. 51.
LARIX, the LARCH TREE. See Pinus, Botany
Index
LARK. See Alauda, Ornithology Index, and
BiRo-Catc-hing.
The lark is not only a very agreeable bird for the
cage, but will live upon almoft any food, fo that it
have once a-week a frefti tuft of three-leaved grafs.
The proper method of keeping them in health is this :
there muft be two pans of food, the one containing
meat, the other oat meal and hempfeed. Avery good
food is the following: boil an egg very hard, to
which add the crumb of a halfpenny loaf, and as much
hempfeed : let the egg be chopped very {mall, and the
hempfeed bruifed in the mortar; when thefe are mix¬
ed, the bread is to be crumbled ia among the reft, an*
the whole to be rolled together with a common roll¬
ing pin, and kept for ufe. There muft: be fome fine
fmall gravel flrewed at the bottom of the cage, and
renewed at farthefl once in a week. This will prevent
the bird’s feet from getting hurt by being clogged with
the dung ; and his balking in this will keep him alfo
from growing loufy, after which few' come to good.
There muft be a perch in the cage, and it muft either
be lined with green bays, or made of fine matting,
which the lark is very fond of. When the bird is firil
taken, fome meat muft be flrewed upon the land in the
bottom of the cage j for it will be fometimes almoft
familhed before it finds the meat in the pan.
The cock bird of this kind is known from the hen
by the loudnefs and length of his call, by his tallnefs
as he walks about the cage, and by his doubling his
notes in the evening, as if he w'as going with his mate
to rooft. A better rule t1 - n all others, however, is
his finging ftrong •, for the hen wood lark fings but
very w'eakly.—Both the cock and hen of this kind are
fubjeft to many diforders *, the principal of thefe are
cramps, giddinefs of the head, and breeding lice.
Cleanlinefs is the bell cure for the firft and the
laft of thefe complaints; but w^e know of no cure
for the other. A good ftrong bird, however, will
often laft very well five or fix years, and improve all
the time.
LARKSPUR. See Delphinium, Botany Index.
LARMIER, in Archite&ure, a flat fquare member
of the cornice below the cimafium, and jets out farthefl;
being fo called from its ufe, which is to difperfe the
water, and caufe it to fall at a diltance from the wall,,
drop by drop, or as if by tears, the French word larm^
fignifying a tear.
LARRIBUNDAR, a fea port town of Afia, in
Indoftan ; ieated at the mouth o the river Sinda, or
Indus, with a harbour capable ot receiving flaps of
4 B 200
.A
LAS
200 tons burden. It is but a
of about loo houfes bu;lt of wood; but has a Hone
fort, with a few guns. E. Long. 67. o. N. Lat. 25. o.
EAR , A, in Natural Hi/iory, a name given by Lin¬
naeus to iniects in that Hate, called by other writers
cruca or caterpillar. See Entomology Index.
L ARA JE in antiquity, derived from the Hetrufcan
word/<7r or lars, fignifying “ prince or lord,” denoted
the gholts 0l the deceafed, confidered as wicked and
miichieveus. Hence is formed the term /arvalus, i. e.
larva uidutus or demoniac. The ingenious Mr Farmer
urges tiie etymology and ufe of this term to prove, that
the heathen demons were human ghofts.—The lame
were alfo called lemures.
LARDS, the gull, a genus of birds belonging to
die order of an feres. See Ornithology Index.
. LARA NX, in SlnalonLij, the upper part of the wind¬
pipe. See Anatomy, NG 116.
LASCARIS, (Andrew John, furnamed Ryndace-
aus, of an ancient Greek family, went into Italy, after
the taking of Conllantinople by the Turks in 1453. He
was^ well received by Laurence de Medicis, a diftin-
guiflied proteftor of learned men ; and was twice lent
“u Conflantinople to colledt the belt Greek manufcripts,
ny which means numberlefs fcarce and valuable trea¬
sures of literature were carried into Italy. At his re¬
turn, Louis XII. king of France prevailed on him to
let tie in the univerfity of Paris, and fent him twice
ambalTador to Venice. Ten years after, Cardinal John
Ue Medicis being elefted pope, under the name of
■Leo X. John Lafcaris, his old friend, w:ent to Rome,
and had the dire&ion of a Greek college. IL died
st Rome in 1535, at about the 90th year of his age.
He brought into the weft moft of the fine Greek ma-
iiufcripts that are now extant, and ^compofed fome epi-
grams in Greek and Latin.
Lascaris, Conjlantine, one of the Greeks who
were principally concerned in the revival of learning
in the Weft, retired into Italy in 1454, and taught
polite. literature at Milan, whither he"was called by
hrancis Sfoiza ; he afterwards went to Rome, where
he was well received by Cardinal Beffarion. He af¬
terwards taught rhetoric and the Greek tongue at
Naples; and ended his days at Meflina, leaving the
icnate of that city many excellent manufcripts which
.i.e had biought from Conftantinople. He was inter¬
red at the public expence, and the fenate of MefTma
eredled a marble tomb to his memory. He wrote fome
grammatical works.
LASERPIl IUM, lazar-wort, a genus of plants
belonging to. the, pentandria clafs; and in the natural
method ranking under the 45th order, Umbe/Iatce. See
Botany Index.
LASH, or Lace, in the fea language, fignifies to
bind and make fall; as, to lafii the bonnet to the
courfe, or the drabbler to the bonnets; alfo the car¬
penter takes care that the fpare yards be lafhed fail
to. the fhip’s fide; and in a rolling fea, the gunners
mind that the guns be well lafhed, left they Ihould
break loofe. Lathers are properly thofe ropes which
bind faft the tackles and the breechings of the ord-
sance, when hauled or made faft within board.
LASSITUDE, or Weariness, in Medicine, a mor¬
bid fenfation, that comes on fpontaneoully, without
any previous motion, exercife, or labour. " This is a
[ 562 ] LAT
fmall place, conliftmg frequent fymptom in acute dillempers : it arifes either
from an increafe of bulk, a diminution of proper eva¬
cuation, or too great a confumption of the fluids ne-
ceflary to maintain the fpring of the folids, or from a
vitiated fecretion of that juice.
LASSUS, or Lasus, a dithyrambic poet, born at
Hermione in Peloponnefus about 500 years before
Chnft. He is reckoned among the wife men of Greece
by fome. He is particularly known by the anfwer he
gave to a man who afked him what could beft render
bfe pleafant and comfortable > Experience. He was
acquainted with mufic. Some fragments of his poetry
are to be found in Athenams. He wrote an ode upon
tne Centaurs, and a hymn to Ceres, without inferting
the letter S in the compoiition. &
LAST, in general, fignifies the burden or load of
a flnp. It fignifies alfo a certain meafure of fifh, corn
wool, leather, &c. A laft of cod fifh, white herrings!
meal, and afhes for foap, is twelves barrels ; of corn or
rape feed, ten. quarters ; of gunpowder, twenty-four
barrels ; of red herrings, twenty cades ; of hides, tw elve
dozen ; of leather, twenty dickers ; of pitch and tar
fourteen barrels ; of wool, twelve facks ; of flock fifl/
one thoufand ; of flax or feathers, 17001b.
LAST AGE, or Lestage, a duty exa&ed in fome
fairs and markets, for carrying things bought whither
one will. It fignifies alfo the ballaft or lading of a
fhip ; and fometimes is ufed for garbage, rubbifh or
fuch like filth. ° ’
LATERAN was originally the proper name of a
man ; W’hence it defeended to an ancient palace in
Rome, and to the buildings fince eretfted in its place •
particularly, a church called St John of Lateran, which
is the principal fee of the popedom.
Councils of the Lateran, are thofe held in the bafi-
lica of the Lateran ; of thefe there have been five, held
in 1123, 1139, H79, 1215, and 1513. *
. Canons Regular of the Congregation of the Lateran,
is a congregation. of regular canons, whereof that
church is the principal place or feat.
It is pretended there has been an uninterrupted fuc-
ceflion of clerks, living in community from the time
of the apoftles : and that a number of thefe were efta-
blifhed in the Lateran in the time of Conftantine. But
the canons were not introduced till the time of Leo I.
and .thefe held the church 800 years, till the reign of
Boniface, who took it from them, and placed fecular
canons in their room: 150 years after, the regulars
were reinftated.
^ LATERE, a term ufed to denote the qualifica¬
tions of the cardinals whom the pope fends as legates
into foreign countries. They are called legates a la¬
tere, as. being his holinefs’s afliftants and counfellors
in ordinary. Thefe are the moft confiderable of the
other three kinds of legates, being fuch as the pope
commiflions to take his place in councils; and fo call¬
ed, in regard that he never gives this office to any but
his favourites and confidants, who are always a latere, at
his fide. A legate a latere has the power of-confer-
ring benefices without a mandate, ef legitimating ba-
ftards to hold offices, and has a crofs carried before him
as the enfign of his authority.
legates who. are not cardinals, but yet
are intrufted with an apoftolical legation. See the ar¬
ticle Legate. 6
LATE-wake,
Laffus
ii
Latere.
Lathrsea.
L A T t S
Late-wake LATE-WAKE, a ceremony ufed at funerals in the
Highlands of Scotland. The evening after the death
of any perfon, the relations and friends of the deceafed
meet at the houfe, attended by bagpipe or fiddle ; the
neareft of kin, be it wife, fon, or daughter, opens a me¬
lancholy ball, dancing, and greeting (i. e. crying vio¬
lently) at the fame time, and this continues till day
light 5 but with fuch gambols and frolics among the
younger part of the company, that the lofs which oc-
cafioned them is often more than fupplied by the con-
fequences of that night. If the corpfe remains unbu¬
ried for two nights, the fame rites are renewed. Thus,
Scythian like, they rejoice at the deliverance of their
friends out of this life of mifery.
LATEEN sail, a long triangular fail extended by
a lateen yard, and frequently ufed by xebecs, polacres,
fetees, and other Vcfiels navigated in the Mediterra¬
nean fca.
LATH, in building, a long, thin, and narrow flip of
wood nailed to the rafters of a roof or cieling, in order
to fuftain the covering.
Lath Bricks, a particular fort of bricks made in
fome parts of England, of 22 inches in length and 6
i% breadth, which are ufed in the place erf laths or
fpars, fupported by pillars in calls, for the drying of
malt. This is an excellent contrivance *, for befides
that they are not liable to fire, as the wooden laths are,
they retain the heat vaftly better j fo that being once
heated, a very fmall quantity of fire will ferve to keep
them fo.
LATHE, a very ufeful engine for the turning of
wood, ivory, metals, and other materials. The inven¬
tion of the lathe is very ancient; Diodorus Siculus
fays, the firft who ufed it was a grandfen of Daedalus,
named Talus. Pliny aferibes it to Theodore of Samos ;
and mentions one Thericles, who rendered himfelf very
famous by his dexterity in managing the lathe. With
this inflrument the ancients turned all kinds of vafes,
many whereof they enriched with figures and ornaments
in balfo relievo. Thus Virgil :
Lenta quilui torno facih fuperaddita vitis.
The Greek and Latin authors make frequent mention
of the lathe •, and Cicero calls the workmen who ufed
it vafculani. It was a proverb among the ancients, to
fay a thing was formed in the lathe, to exprefs its de¬
licacy and juftnefs.
The lathe is compofed of twro wooden cheeks or
Tides, parallel to- the horizon, having a groove or
opening between ; perpendicular to thefe are two other
pieces called puppets, made to Hide between the cheeks,
and to be fixed down at any point at pleafure. Thefe
have two points, between which the piece to be turned
is futfained ; the piece is turned round, backwards and
forwards, by means of a firing put round it, and
faftened above to the end of a pliable pole, and
underneath to a tredle or board moved with the foot.
There is alfo a reft which bears up the tool, and keeps
it fteady.
As it is the ufe and application of this inftrument
that makes the greateft part of the art of turning, we
refer the particular defeription thereof, as well as the
manner of applying it in various works, to that head.
See Turning.
LA I HRaEA, a genus of plants belonging to the
Latimer.
63 ] L A T
didynamia clafs *, and in the natural method ranking Lathreve
under the 40th order, Perfonatce. See Botany Index.
LATEIREVE, Leidgreve, or Trithengreve,
was an officer under the Saxon government, who had
authority over a third part of the county ; and wffiofe
territory was therefore called trithing, otherwife a leid
or leithin, in which manner the county of Kent is ftill
divided ; and the rapes in Suifex feem to anfwer to the
fame. As to the jurifdiftion of this officer, thofe mat¬
ters that could not be determined in the hundred court,
were thence brought to the trithing j where all the
principal men of the three or more hundreds being
affembled by the lathreve, or trithingreve, did debate
and decide it 5 or if they could not, then the lathreve
fent it up to the county court, to be there finally de¬
termined.
LATHYRUS, chickling, a genus of plants be¬
longing to the diadelphia clafs \ and in the natural me--
thod ranking under the 3 2d order, Papilionacece. See
Botany Index.
LATIAR, in Roman antiquity, a feaft or ceremony
inftituted by Tarquinius Superbus, in honour of Jupiter
Latiaris or Latialis. Tarquin having made a treaty
of alliance with the Latins, propofed, in order for per¬
petuating it, to ere£t a common temple, where all the
allies, the Romans, Latins, Hernici, Volfci, &c. ffiould
affemble themfelves every year, hold a kind of fair, ex¬
change merchandifes, feaft, facrifice, and make merry
together. Such w'as the inftitution of the Latiar. The
founder only appointed one day for this feaft : the firft
conful added another to it, upon concluding the peace
wdth the Latins } and a third was added after the
people wffio had retired to the Mons Sacer wTere return¬
ed to Rome ; arid a fourth, after appearing the fedition
railed on occafion of the plebeians afpiring to the conflr-
late.
Thefe four days were called the Latin ferice; and all
things done during the courfe of the feriae, as feafts,
facrifices, oft'eiings, &c. were called Latiares.
LATICLAVE, {Lat id avium ), in Roman antiqui¬
ty, was an honourable diflin&ion, peculiar, in the times
of the republic, to the fenators $ but wffiether it was
a particular kind of garment, or only an ornament upon
it, the critics are not agreed : But the more general
opinion is, that it w-as a broad ftripe of purple fewed
upon the fore part of their tunic, and round the mid¬
dle of the breaft. There were buttons fet on the latus
clavus or latic/ave, which appeared like the heads of
large nails, whence fome think it derived its name.
— The fenators, praetors, and chief magittrates of co¬
lonies and municipal cities had a right to w^ear it. The
praetexta was always worn over it ; but when the pne-
tor pronounced fentence of death, the praetexta w^as
then put off and the laticlave retained. The latidavi-
um differed from the angujliclavium, but authors do not
agree in what this difference confifted ; the moft general
opinion feems to be, that the Hips or ftripes of purple'
were narrower in the angufticlave.
LAI IMER, EIugh, biftiop of Worcefter, was born
about the year 1480 at Thurcafton in Leicefter-
ffiire, the only fon of a yeoman of that village. At
the age of fourteen he was fent to Chrift’s college,
Cambridge, where he applied himfelf to the ftudy of
divinity, and in proper time took the degree of ba--
chelor in that fcience. At this time he was a zealous-
4 B 2 Papift.
L A A [ 564 ] L A T
Latimer, Papift, and was honoured with the office of keeper of
1 ^atin- the crofs to the univerfity : but when he was about
thirty years of age, he became a convert to the Pro-
teftant religion ; and being now one of the twelve licenf-
ed preachers from Cambridge, he promulgated his opi¬
nions with great freedom. It was not long before
he was accufed of hereby ; and being fummoned before
Cardinal Wolfey, was obliged to fubfcribe certain ar¬
ticles of faith, which he certainly did not believe.
About the year t ^29 he was prefented by the king to
the rectory of Wdfkinton in Wiltfhire; to which
place, after redding fome time at court with his friend
and patron Dr Butts, he retired; but refuming his
former inve&ives againft the Popith doctrines, he was
again fummoned to anfwer certain interrogatories, and
again obliged to fubfcribe. In 1535 he was promoted
to the bifhopric of Worcefter 5 in the pofleffion of
which dignity he continued till the year i£39> when,
lather than affent to the adt of the fix articles, he re-
iigned his mitre, and retired into the country ; but
was. in a fhort time accufed of fpeaking againft the fix-
articles, and committed to the Tower, where he con¬
tinued prifoner till the death of Henry VIII. which
happened in January 1547. On the acceflion of Ed¬
uard VI. Latimer was releafed, but not reftored to
his bilhopric, though he preached feveral times before
the king, and continued to exercife his minifterial
fundtion with unremitting zeal and refolution. Young
Edward, alas! finiftied his fhort reign in 1^53and
Mary, of infamous memory, afcending the throne,
poor Latimer was immediately doomed to deftrudlion,
and, together with Cranmer and Ridley, confined in
the Tower. In April 1554, they were removed to
Oxford, that they might difpute with the learned
dodfors of both univerfities. Latimer declining the
deputation on account of his great age and infirmi¬
ties, delivered his opinion in writing 5 and refufing
to fubfcribe the Popifh creed, was condemned for
herefy 5 and in Odtober following was, together with
Bifhop Ridley, burnt alive. He behaved with un¬
common fortitude on the occafion, and died a real
martyr to the Reformation. His general charadter is
that of a learned, virtuous, and brave man. His
works are, 1. Sermons, 1635. fol. 2. Letters; in Fox’s
Adis and Monuments, vol. ii. fol. 1580. 3. An Injunc¬
tion to the Prior and Convent of St Mary’s in Wor-
cefterfhire. See record at the end of Burnet’s Hiftory
of the Reformation, part ii. p. 293.
LATIN, a dead language, firft fpoken in Latium,
and afterwards at Rome ; and ftill ufed in the Rojuilh
church, and among many of the learned.
This language is principally derived from the Greek,
and particularly from the Eolic dialed! of that tongue,
though it has a great number of words which it bor¬
rowed from the languages of the Etrufci, Ofci, and
other ancient people of Italy ; and foreign commerce
and wars, in courfe of time, added a great many more.
The Latin is a ftrong nervous language, p^rfedtly
fuitable to the charadler of the people who fpoke it: we
have ftill works of every kind admirably well written
in the Latin, though there are vaft numbers loft.
The Latin tongue was for a while confined almoft
wholly within the walls of Rome ; nor would the Ro¬
mans allow the common ufe of it to their neighbours,
or to the nations they fubdued : but by degrees they
in time became fenfible of the neceffity of its being ge- Lat'ns
nerally underftood for the conveniency of commerce ; ^ Jl ^
and accordingly ufed their endeavours, that all the
nations fubjcdt to their empire thould be united by one
common language ; fo that at length they impoled the
ufe of it by a particular law for that purpofe. After
the translation of the feat of the empire from Rome to
Conftantinople, the emperors of the eaft, being always
defirous of retaining the title of Roman emperors, ap¬
pointed the Latin to be ftill uled ; but at length ne-
gle£ling the empire of the weft, they abandoned all
care of the Latin tongue, and ufed the Greek. Char¬
lemagne c®ming to the empire of the weft, revived this
language ; but at length it gave way, and the French
took place of the Latin ; it was, however, prodigiouf-
ly degenerated before it came to be laid afide, in which
condition it was faund at the time of the Reformation,
when Vives, Erafmus, &c. began to open the way for
its recovery : fince which time the morikifh latinity has
been declining, and all endeavours have been ufed to
retrieve the pure language of the Auguftan age. See
Language.
L/itin Church. See Church.
LATINS, an ancient nation of Italy. See L^-
TIUM.
LATINUS, king of the Latins in Italy, was the
fon of Faunus ; and, it is faid, began to reign about
the 1216th year before the Chriftian era. Lavinia,
bis only daughter, married Atneas, after that Trojan
prince had killed Turnus king of the Rutuli. See
Rome.
LATISSIMUS, in Anatomy, the name of feverai
mufcles. See Anatomy, Table of the Mufcles.
LATITUDE, in Afronomy, is the diftance of a
ftar north or fouth from the ecliptic. In geography
it lignifies the diftance of any place north or fouth
from the equator. See Astronomy, and Geography,
pajjlm.
LATITUDINARIAN, a perfon of moderation
with regard to religious opinions, who believes there
is a latitude in the road to heaven, which may admit
people of different perfuafions.
LATIUM, in Ancient Geography, the country of the
Latins, at firft contained within very narrow bounds, but
afterwards increafed by the acceflion of various people.
The appellation, acording to Virgil, is a latendo,
from Saturn’s lying hid there from the hoftile purfuits
of his fon Jupiter ; and from Latium comes the name
Latini, the people. (Virgil) : though Dionyfius Hali-
carnaffaeus derives it 'from King Latinus, who reigned
about the time ;of the Trojan war. But whatever be
in this, it is certain, that Latium, when under iEneas
and his defendants, or the Alban |kings, contained
only the Latins, exclufive of the Atqui, Volfci, Her-
nici, and other people ; only that Alneas reckoned
the Rutuli, after their conqueft, among the Latins.
And this conftftuted the ancient Latium, confined to
the Latins; but afterwards, under the kings, and
after their time, it reached from the Tiber to Circeii.
Under the confuls, the country of the Equi, Volfci,
Hernici, &c. after long and bloody wars, was added
to Latium, under the appellation adjettitious or fuperad-
ded Latium, as far as the river Liris, the eaftem boun¬
dary, and to the north as far as the Marfi and Sa¬
bines. The various people, yrhich in fucceflion occu¬
pied
1
L A T t j6s ] L A T
Latmus pled Latiura, were the Aborigh'ies, the Pelafgi, the
U Arcades, the Siculi, the Arunci, the Rutuli ; and be-
’Latna- yond Circeii, the Volfci, the Ofci, the Aufones: but
who firit, who next, occupied the country, it is diffi¬
cult to fay.
LATMUS, in Ancient Geography, a mountain of
Ionia, or on the confines of Caria, famous for the fable
of Endymion, of whom the Moon was faid to be ena¬
moured : hence called Latmius Her os, and Latmius Ve¬
nator. In the mountain was a cave in which Endymion
dwelt (Scholiaft on Apollonius Rhodius). Suppofed by
Hecataeus to be the V lithe iron Mans of Homer j but
by others to be Grius Mans, not far from Latmus
^Strabo.)
LATOMIA, properly fignifies a Jlone quarry :
But the places whence ftones had been dug having %
been made ufe of fometimes as dungeons, jails, or pri-
fons for criminals, it is oftentimes applied as a name
for a prifon. There was a place of confinement of
this fort at Rome, near the Tullianum •, another at
Syracufe, in which Cicero fays Verres had ffiut up
Roman citizens.
LATONA, in Mythology, a Pagan goddefs, whofe
hiftoty is very obfcure. Hefiod makes her the daughter
of Titan Coeus and Phoebe his filler. She was admired
for her beauty, and celebrated for the favours which
(he granted to Jupiter. Juno, always jealous of her huf-
band’s amours, made Latona the objedl of her ven¬
geance, and fent the ferpent Python to difturb her
peace and perfecute her. Latona wandered from place
to place in the time of her pregnancy, continually a-
larmed for fear of Python. She was driven from hea¬
ven ; and Terra, influenced by Juno, refufed to give
her a place where (lie might reft and bring forth. Nep¬
tune, moved with compaffion, ftruck with his trident
and made immoveable the ifland of Delos, which be¬
fore wandered in the Aigean, and appeared fometimes
above, and fometimes below, the furface of the fea.
Latona, changed into a quail by Jupiter, came to
Delos j where ffie refumed her original ffiape, and
gave birth to Apollo and Diana, leaning againft a
palm tree or an olive. Her repofe was of ffiort dura¬
tion : Juno difcovered the place of her retreat, and
obliged her to fly from Delos. She wandered over,
the greateft part of the world ; and in Caria, where
her fatigue compelled her to flop, fire was infulted and
ridiculed by the peafants, of whom ffie alked for wra-
ter while they were weeding a marffi. Their refufal
and infolence provoked her, and fire entreated Jupiter
to puniffi their barbarity. They were ail changed in¬
to frogs. She was alfo infulted by Niobe ; who boaft-
ed herfelf greater than the mother of Apollo and Di¬
ana, and ridiculed the prefents which the piety of her
neighbours had offered to Latona. At laft, Latona,
though perfecuted and expofed to the refentment of
Juno, became a powerful deity, and faw her children
receive divine honours. Her worffiip was generally
eftabliffied where her children received adoration j
particularly at Argos, Delos, &c. where ffie had tem¬
ples. She had an oracle at Egypt, celebrated for the
true and dicifive anfwers which it gave. Latona, Ve¬
nus, and Dfana, were the three goddeffes moft in ve¬
neration among the Roman women.
LATRIA, in Theology, a religious worffiip due on¬
ly to God. See Adoration,
The Romaniits fay, “ They honour God with the Latrin*
worffiip of latria, and the faints with the wTorflnp of ^
du/ia.’1'' But the terms, however diflinil,'are ufually '
confounded.
The worffiip of latria, befides its inner charadlers,
has its external marks to diftinguiffi it ; the principal
whereof is facrifice, which cannot be offered to any
other but God himfelf, as being a folemn acknowledge¬
ment or recognition of the fovereignty of God, and our
dependence on him.
Mr Daille feems to own, that fome of the fathers
of the fourth century allowed the diftimftion between
latria and dulia.
LATRINiE, -were public houfes of office, or necef-
faries, amongft the Romans. We do not find, in the
writings or buildings that remain of antiquity, that
they had any privies in their dwellings. The latrinae
■were public places where the flaves waffied and emp¬
tied their mailers clofe ftools. We are pretty well af-
fured that the Romans had public places of conveni¬
ence, which were covered over, and had a fponge
hanging up in them for cleanlinefs. Rich men had
clofe ftools, which were taken away occafionally to
the common fewers.
I^ATRUNCULI, a game amongft the Romans, of
much the fame nature with our chefs. The latrunculi
were properly the chefs men, called alfo latrones and
calculi. They were made of glafs, and diftinguiffied
by black and white colours. Sometimes they were
made of wax or other convenient fubftances. Some
give the invention of this game to Palamedes when at
the fiege of Troy : Seneca attributes it to Chilon, one
of the feven Grecian fages j others honour Pyrrhus
with the invention j and others again contend that it
is of Perfian origin—but is not this Lis de lana capn-
na ? Frequent allufions to this game are met with, in
the Roman claffics, and a little poem was written upon
it, addreffed to Pifo, which fome fay was the work of
Ovid, others of Lucan, in the end of fome editions
of whofe wmrks it is to be found, and to which we re¬
fer for a fuller account of the game. This game ex-
preffes fo well the chance and order of war, that it is,
with great appearance of probability, attributed to
fome military officer as the inventor. One Canius Ju¬
lius was fo exceedingly fond of chefs, that after he was
fentenced to death by Caligula, he was found playing,
but interrupted in his game by a call to execution ;
he obeyed the fummons, but firft defired the centurion
wffio brought the fatal order, to bear witneis that he
had one man upon the board more than his antagonift,
that he might not falfely brag of victory when he
ffiould be no more.
LATTEN denotes iron plates turned over, of which
tea canifters are made.
Plates of iron being, prepared of a proper thinnefs, ,
are fmoothed by rufting them in an acid liquor, as
common water made eager with rye. With this liquor
they fill certain troughs, and then put in the plates,
which they turn once or twice a-day, that they may
be equally rufted over. After this they are taken out,
and wrell fcoured with fand ; and, to prevent their ruft¬
ing again, are immediately plunged into pure w'ater,
in which they are to be left till the inftant they are to
be tinned or blanched j the manner of doing which is ^
this : They flux the tin-in a large iron crucible, which
has .a
L A T r 566 ] L A V
c:Xatten,
Lattimo.
has the figure of an oblong pyramid with four faces,
of which two oppofite ones are lefs than the two others.
The crucible is heated only from below, its upper part
being luted with the furnace all round. The crucible
is always deeper than the plates which are to be tin¬
ned are long 5 they always put them in downright,
and the tin ought to fwim over them ; to this purpofe
artificers of different trades prepare plates of different
ihapes, though Mr Reaumur thinks them all excep¬
tionable. But the Germans ufe no fort of preparation
of the iron to make it receive the tin, more than the
keeping it always fteeped in w-ater till the time •, only
when the tin is melted in the crucible, they cover it
with a layer of a fort of fuel, which is ufually twTo
inches thick, and the plate muff pafs through this be¬
fore it can come to the melted tin. The firft ufe
of this covering is to keep the tin from burning ;
for if any part Ihould take fire, the fuet wmuld foon
moiften it, and reduce it to its primitive ftate again.
The blanchers fay, this fuet is a compounded matter.
It is indeed of a black colour •, but Mr Reaumur fup-
pofed that to be only an artifice to make it a fecret,
and that it is only coloured with foot or the fmoke of a
chimney : but he found it true fo far, that the com¬
mon unprepared fuet was not fufficient ; for after fe-
veral attempts, there wTas always fomething wanting
to render the fuccefs of the operation certain. The
whole fecret of blanching, therefore, was found to lie
in the preparation of this fuet •, and this at length he
difcovered to confift only in the firft frying and burn¬
ing it. This fimple operation not only gives it the co¬
lour, but puts it into a condition to give the iron a dif-
pofition to be tinned, which it does furprifingly.
The melted tin muft alfo have a certain degree of
"heat: for if it is not hot enough, it will not flick to the
iron ; and if it is too hot, it will cover it with too thin
a coat, and the plates will have feveral colours, as red,
blue, and purple, and upon the whole will have a caft
of yellow. To prevent this, by knowing when the
fire has a proper degree of heat, they might try with
fmall pieces of iron j but, in general, ufe teaches them
to know the degree, apd they put in the iron when
the tin is at a different ftandard of heat, according
afS they would give it a thicker or thinner coat. Some¬
times alfo they give the plates a double layer, as they
would have them very thickly covered. This they do
by dipping them into the tin when very hot the firft
time, and when lefs hot the fecond. The tin which
is to give the fecond coat muft be frefti covered with
fuet •, and that with the common fuet, not the pre-
^pared.
Latten Bra/s, plates of milled brafs reduced to
different thicknefs, according to the ufes they are in¬
tended for.
LATTIMO, in the glafs trade, a name for a fine
milk-white glafs. There are feveral ways of making
it, but the heft of all is this : take 400 weight of cry-
ftal frit, 60 pounds of calcined tin, and two pounds
and a half of prepared manganefe ; mix thefe well with
the frit, and fet them in a pot in a furnace to melt
and refine. At the end of 18 hours this will be puri¬
fied $ then caft it into water, purify it again afterwards
in the furnace, and make a proof of it. If it be too
clear, add pounds more of calcined tin; mix it
well with the metal, and let it ftand one day to puri-
2
fy ; it will then be of a w’bitenefs furpaffing even that Lm.» P**-
of fnow, and is fit to work into veffels. i n arium,
LATUS Primarium, a right line drawn through lf
the vertex of the feftion of a cone, within the fame, and
parallel to the hafe.
Latvs Tranfuerfum of the hyperbola, is the right
line between the vertices of the two oppolite feftions,
or that part of their common axis lying between the two
oppofite cones.
LAVA, a ftream of melted minerals which runs
out of the mouths, or burfts out through the lides, of
burning mountains, during the time of an eruption.
See /Etna, Vesuvius, Hecla ; and lee alfo Volcano,
Geology Index.
The lava at its firft difcharge is in a ftate of pro¬
digious ignition, greatly fuperior to any thing we can
have an idea of from the fmall artificial furnaces made
by us. Sir William Hamilton informs us, that the
lava of Vefuvius, at the place whence it iffued (in
the year lyfiy), “ had the appearance of a river of
red hot and liquid metal, fuch as we fee in the glafs
houfes, on which wTere large floating cinders half
lighted, and rolling over one another with great pre¬
cipitation down the fide of the mountain, forming on
the whole a moft beautiful and uncommon cafcade.”
Now, if we confider the materials of which the lava
confifts, which undoubtedly are the common matters
to be found everywhere in the earth, namely, ftones,
metallic ores, clay, fand, &c. we fhall find that our
hotteft furnaces would by no means be able to bring
them into any degree of fufion ; fince the materials
for glafs cannot be melted without a great quantity
of very fufihle falls, fuch as alkalies, nitre, &c. mixed
along with them. The heat of a volcano muft there¬
fore be immenfe; and betides its heat, it is fometimes
attended with a very uncommon circumftance ; for Sir£XCPjfive
William Hamilton informs us, that “ the red hot heat of
ftones throwm up by Vefuvius on the 31ft of March lavas*
1766, were perfeftly iranfparent d’1 and the like re¬
mark he makes on the vaft ftream of lava which iffued
from the fame volcano in 1779. This we cannot look
upon to be the mere effect of heat; for mere heat with
us will not make a folid body tranfparent ; and thefe
ftones, we are fure, were not in a ftate of fufion, or the
refiftance of the air would have broke them all to pieces,
even fuppofing them, which is very improbable, to have
been in that ftate detached from the reft of the lava.
For the tranfparency, therefore, (according to fome
authors) we muft have reccurfe to electricity ; which
in fome of our experiments hath the property of render¬
ing opaque bodies tranfparent *. Indeedit is fcarcely * See £/<;/-
poflible but the lava and every other matter thrown o\i\.tr,c‘ty -fo¬
ot’ a volcano muft be in the higheft degree electrical, iP™*
the fire itfelf take its rife from electricity. 2
The lava, after having once broke out, does not Probably
conftantly continue running from the fame vent, butin^ highly
often has intermiflions, after which it will burft 0utele^ri .
fometimes at the fame place, and fometimes at another/"1 ^
No real flame ever appears to come from the lava.
In the day time its progrefs is marked by a thick The 3>iene>
white fmoke, from which the light of the red hot mat-r^ - /ear*
ter being reflefted in the night time, m^kes it appearance,
like flame. But if, dunng its progrefs, it meets with
trees or other co nbuftible fubftances, which it fre¬
quently does, a bright flame immediately iffues from
its
LAV
Lava, its furface, as hath alfo been remarked by Sir William
Hamilton.—This liquid fubftance, after having run
pure for about 100 yards (more or lefs, no doubt,
according to different circumftances), begins to coiled
cinders, ftones, and a fcum is formed on the furface.
Our author informs us, that the lava which he obfer-
ved, with its fcum, had the appearance of the river
Thame!:, as he had feen it after a hard froft and a
great fall of fnow, when beginning to thaw, carrying
down vaft maffes of fnow and ice. In fome places it
totally difappeared, and ran in a fubterraneous paffage
formed by the fcum for feveral paces; after which it
came out pure, having left the fcum behind, though
a new one was quickly formed. This lava at the far-
theft extremity from its fource did not appear liquid,
but like a heap of red-hot coals, forming a wall in
fome places 10 or 12 feet high, which rolling from the
top foon formed another wall, and fo on.—This was
the appearance alfo put on by the lava which iffued in
the great eruption of 17 83 in Iceland •, with this differ¬
ence, that the wall was at one time 2to feet high,
and the general thicknefs of it was more than 100:
( See Hecla). While a lava is in this Hate, Sir Wil¬
liam is of opinion, that it is very practicable to divert
it into another channel, in a manner fomewhat fimilar
to what is pradlifed with rivers. This he was after¬
wards told had been done with fuccefs during the great
eruption of TEtna^n 1669 ■ ^lat ^ava was direfting
its courfe towards the walls of Catania, and advancing
very (lowly, when they prepared a channel for it round
the walls of the town, and turned it into the fea. A
fucceffion of men, covered with (beep (kins wetted,
were employed to cut through the tough flanks of la¬
va, till they made a paffage for that in the centre,
which was in perfect fufion, to difgorge itfelf into the
channel prepared for it. But this, it is evident, can
only take place in fmall dreams of this burning matter j
A wdth that above mentioned it would have been impof-
fible. It hath been alfo obferved of the lavas of iEt-
that they do not conflantly fall down to the low-
Do not al¬
ways de-
fcei d to the eft places, but will fometimes afeend in fuch a manner
as to rria^c ^ valleys rife into hills. On this Sir Wil¬
liam Hamilton has the following note : “ Having heard
the fame remark with regard to the lavas of Vel'uvius,
I determined, during an eruption of that volcano, to
watch the progrefs of a current of lava, and I was foon
enabled to comprehend this feeming phenomenon,
though it is, I fear, very difficult to explain. Certain
it is, that the lavas, while in their mod fluid (late, fol¬
low always the laws of other fluids 5 but when at a
great diftance from their fource, and confequently en¬
cumbered with fcorite and cinders, the air likevvife hav¬
ing rendered their outward coat tough, they will
fometimes (as I have feen) be forced up a fmall afeent,
the frefft matter pulhing forward that which went be¬
fore it, and the exterior parts of the lava adding always
as conductors (or pipes, if I may be allowed the ex-
preflion) for the interior parts, that have retained their
fluidity from not being expofed to the air.”
From the year 1767 to 1779, this gentleman made
many curious obfervations on the lavas of Vefuvius.
He found, that they conftantly formed channels in
the mountain as regular as if they had been made by
art 5 and that, whilft in a (late of perfedl fufion, they
continued their courfe in thofe channels, which wxre
567 ] LAV
fometimes full to the brim, and at others more or lefs
fo according to the quantity of matter thrown out.
1 hefe channels, after fmall eruptions, were generally
from two to five or fix feet wide, and feven or eight
in depth. rl hey were often hid from the fight by a
quantity of fcorige that had formed a cruft over them,
and the lava, having been conveyed in a covered way
for fome yards, came cut again frefti into an open
channel. Our author informs us, that he had walked
in fome of thefe (ubterraneous galleries, which were
exceedingly curious, the fides, top, and bottom, being
exceedingly fmooth and even : others were incrufted
with what he calls very extraordinary fcorise, beauti¬
fully ramified wdaite falts in the form of dropping fta-
ladfites, &c.
On viewing a ftream of lava while in its fluid ftate
in the month of May 1779, he perceived the opera¬
tion of it in the channels above deferibed in- great
perfection. After quitting them, it fpread itfelf in the
valley, and ran gently like a river that had been fro¬
zen, and had maffes of ice floating upon it. The wind
happening then to fhift, our traveller was fo incom¬
moded by the (moke, that the guide propofed to crofs
it, which was inftantly put in execution without any
other inconvenience than the violent heat with which the
legs and feet were affeCIed. The cruft was fo tough,
that their weight made no impreflion upon it, and the
motion fo (low that they were in no danger of falling.
This circumftance, according to Sir William, points
out a method of efcape (hould any perfon happen to
be enclofed betwixt two lavas, but ought never to be
tried except in cafes of real neceflity ; and indeed, if
the current of melted matter was very broad, muft un¬
doubtedly be attended with extreme danger, both from
the heat of the upper cruft and the chance of its break¬
ing and falling down with the paffenger into the burn¬
ing liquid below. That which Sir William Hamilton
eroded was about 50 or 60 feet broad.
Having paffed this burning ftream, our travellers
walked up along the fide of it to its very fource..
Here they faw it boiling and bubbling violently up
out of the ground, with a hiding and crackling noile
like that which attends the playing off an artificial
fire work. A hillock of about 15 feet high was form¬
ed by the continual fplalhing up and cooling of the
vitrified matter. Under this was an arched hollow, red
hot within, like a heated oven 5 the lava which ran
from it being received into a regular channel raifed
upon a fort of wall of fcoriae and cinders, almoft per¬
pendicularly, of about the height of 8 or 10 feet, and
much refembling an ancient aqueduft. On quitting
this fountain of lava, they went quite up to the crater,
where as ufual they found a little mountain throw--
ing up ftones and red hot fcoriee with loud explofions ;
but the fmoke and fmell of fulphur were fo intoler¬
able, that they were obliged to quit the place with
precipitation.
By the great eruption in Auguft 1779, the curious
channels above mentioned were entirely deftroyed, the
cone of the mountain was covered with a ftratum of
lava full of deep cracks, from wdience continually if¬
fued a fulphureous fmoke that tinged the fcoriae and
cinders with a deep yellow, or fometimes white tint.
The lava of this eruption appeared to be more per-
feftly vitrified than that of any former one he had ob-
. ferved.
Lava.
Lava.
I- A V [5
ferved. Ihe pores of the frefli lava were generally
“■ full of a perfect vitrification, and the fcoriae them-
felves, viewed through a magnifying glafs, appeared
like a confided heap of filaments of foul vitrification.
When a piece of the folid lava had been cracked in its
fall, without feparating entirely, fibres of perfett glafs
were always obferved reaching from fide to fide with¬
in the cracks. The natural fpun glafs which fell in
fome places along with the allies of this eruption, and
which has likewife been obferved in other places, he
is of opinion mull have proceeded from an operation of
the kind jull mentioned ; the lava cracking and feparat¬
ing in the air at the time of its emillion from the crater,
and by that means fpinning out the pure vitrified mat¬
ter from its pores or cells ; the wind at the fame time
carrying off the filaments of glafs as fall as they were
produced.
Our author obferved a kind of pumice ftone flick¬
ing to fome very large fragments of the new lava. On
clofe infpeflion, however, he found that this fub-
ftance had been forced out of the minute pores of the
lolid lava itfelf; and was a colleftion of fine vitreous
fibres or filaments confounded together at the time of
their being preffed out by the contra&ion of the large
fragments of lava in cooling, and which had been bent
downw'ards by their own weight. “ This curious fub-
ftance (fays he) has the lightnefs of a pumice, and
refembles it in every refpedl, except that it is of a
darker colour.”
When the pores of this lava w^ere large, and filled
with pure vitrified matter, the latter was fometimes
found blown into bubbles on the furface ; probably by
the air which had been forced out at the time the la¬
va contra died itfelf in cooling ; and from thefe thin
bubbles it appeared, that this kind of volcanic glafs
has much the fame tranfparency wuth our common
glafs bottles, and like them is of a dirty yellow co¬
lour; but when large pieces of it were broken off
with a hammer, they appeared perfectly black and
opaque.
In the lava of this eruption it was obferved, that
many detached pieces were in the fhape of a barley¬
corn or plum flone, fmall at each end, and thick in
the middle. Some of thefe did not weigh above an
ounce ; but others could not be lefs than 60 pounds.
Our author took them to be drops from the liquid
fountain of fire, which might naturally acquire fucK' a
form in their fall. There were alfo many other cu¬
rious vitrifications, different from any he had feen be¬
fore, mixed with this huge fliower of fcorise and maf-
fes of lava.
In treating of Mount Etna, M. Houel makes men¬
tion of a piece of lava which, after having been once
ejedled by the volcano, was fwallowed up, and thrown
out a fecond time. The intenfe heat to which it was
then fubjefted, had fuch an effeft upon it, that it ap¬
peared all full of chinks to a confiderable depth, and
which run at right angles to one another. He had alfo
an opportunity of obferving to great advantage fome
of the hollow' channel formed by the lavas of Etna, fi-
milar to thofe defcribed by Sir William Hamilton, but
on a much larger fcale. Here the great eruption of
water in 1755 had overturned, in a vertical dire&ion
a huge tube of this kind for the length of half a mile.
The tube itfelf appeared to be compofed of enormous
68 ] LA V
maffes, fomewEat refembling planks; each two feet Lavs,
thick and twelve or fifteen in breadth, continued in
a ftraight line through the whole of that fpace. At the
fame time by the aftion of the lava a kind of walls had
been formed, from ten to fixteen feet in height, and
curved at the top. Some of theie walls appear rolled
together like paper; and M. Houel is of opinion, that
thefe various appearances on the furface of the lava
when cooled, muft have arifen from particles heteroge¬
neous to the real lava ; and wdnch detach themfelves
from it,- riling to the furface under a variety of forms-
proportioned to the fpaces of time taken up in cool¬
ing. Thefe crufts are formed of different kinds of fco-
riae and dirty lava, mixed with fand or allies. At the
fame place are alfo found great numbers of fmall pieces
like thofe of ice heaped upon one another after having
floated for fome time on a river. Beneath thefe the
pure lava is met with, and wdiich has evidently been in
a ftate of perfect fufion. This is extremely denfe ;
and by looking narrowly into its chinks, the compo-
fition of the whole appears to be merely homogeneous.
“ It is curious (fays he') to obierve, fo near one fpecies
of lava which is very, pure, another which has likewife
arrived at the fame place in a fluid ftate, and has there
undergone fo great a change as fcarce to retain an ap¬
pearance of its original ftate. It is, however, like iron1
drofs, in grains of unequal fizes. We find it alfo at
various diftances, fuch as one, two, or more hundred
fathoms. It is fometimes found in large pieces like
tables, covered over wdth lharp points, fome longer
and others ftiorter. All thefe pieces are quite detach¬
ed from one another, as if they had been brought thi¬
ther and fcattered from a tumbril. The matter of
which the cruft of the lava is formed, feems to have
iffued from it in the fame manner in which froth rifes
upon folution of foap in water. It appears afterwards
to have fwelled, burflr, and affumed its prefent form,
prefenting to the view various fpaces filled with fmall
loofe ftones. A great number of new lavas were like¬
wife obferved, all of them putting forth various kinds
of efflorefcences in great quantity.
The hardnefs, denfity, and folidity of lavas, no
doubt proceed from the degree of heat to which they
have been expofed, and which feems to be greater or
lefs according to their quantity. Hence the Icelandic
volcanoes, which pour forth the greateft quantities of
lava, produce it alfo in the greateft degree of lique-
faftion, and Dr Van Troil obferves, that what he law
muft have been liquefied to an extreme degree.
The compofition of the lavas of different volcanoes, Qbferva-
and even of different parts of thofe of the fame volcano, tions »r. ths
is extremely different. Sir William Hamilton is 0fdlfferent
opinion that this difference in compolition contributesc.omi;,oll'J
not a little to the facility or difficulty with which they ° s
afrerwards receive earth capable of vegetation. “ Some W. Harua-
(fays be) have been in a more perfeft ftate of vitrifi-ton-
cation than others, and are confequently lefs liable to
the impreffions of time. I have often obferved on
Mount Vefuvius, when I have been clofe to a mouth
from whence the lava w^as difgorging itfelf, that the
quality of it varied greatly from time to time. I have
feen it as fluid and coherent as glafs when in fufion;
and I have feen it farinaceous, the particles feparating
as they forced their way out, juft like meal coming
from under the grindftone. A ftream of lava of this
fort
Lava.
LAV t 5
fort being lefs compact, and containing more earthy
particles, would certainly be much fooner fit for vege¬
tation than one compoied of the more perredt vitrified
matter.” IVir Bergman, who has accurately analyzed
jorae Icelandic lavas, informs us, that one kind is very
coarfe,^ heavy, and hard, full of bladders, almoft black,
intermixed vita white grains refemblmg quartz, v'hich
in foirm places have a figure not very unlike a fquare.
I his black-matter is not attracted by the magnet1; but
if a piece of it is held againlt a compafs, the needle
viiibly moves. When tried in the crucible, it yields
from ten to twelve pounds of iron in every hundred
weight. It does not diffolve in the leaft with fal fodte,
and very difficultly with borax, nnd fcarce at all with
urinous fait. It feems to contain a great deal of
clay in its compofition, which may be' extruded by
ad acid folvents, dhis laft he is likewife, from expe¬
riments, affured is the cafe with the lava of Solfaterra
in Italy.
I ne white lava, which pofiefles more or lefs of thofe
tranfparent grains or rays with which lavas are gene¬
rally chequered, does not feem to be of the nature of
quartz, as it cannot be attacked by fal fodae ; it is,
however, foluble with feme difficulty by borax and fu-
fible urinous fait, or microcofmic acid. Thefe efteds
are perfedly limilar to thofe produced upon the dia¬
mond, _ ruby, fapphire, topaz, and hyacinth. The
chryfolite, garnet, tourmalin, and fchoerl, can neither
be dilfolved by fal fodae, though they are fomewhat at¬
tacked by it when reduced to a fine powder ; and up¬
on the two lalf mentioned ones it produces a flight
effervefcence ; on which account, fays Mr Bergman, it
is poffible that the precious ftones found upon Mount
Ve uvius, which are fold at Naples, are nearer related
to the real precious ftones than is generally imagined.
He found no fuch grains in a finer kind of lava, quite
porous within, and entirely burnt out, and confiderably
■lighter than the former ones.
The Iceland agate is of a black or blackifti brown
colour, a little tranfparent at the thin edges like glafs
and gwes fire with fteel. It cannot eafilyV melted by
itielt; but becomes white, and Hies in pieces. It can
hardly be diffolved in the fire by fufible urinous fait :
but it lucceeds a little better with borax, though with
-ome difficulty. With fal fodae it diffolves very little
though in the firft moments fome ebullition is perceiv-
i tt t”e Wk°*e ma^ 1S afterwards reduced to pow-
der Hence Mr Bergman concludes, that this agate
hath been produced by an exceffive fire out of the black
lava tormerly mentioned.
In the Iceland pumice-ftone, quartz and cryftals
are often found, particularly in the black and reddiffi
brawn kind. The ftones thrown out of the volcano
whether gray, or burnt brown, feemed to confift of l
hardened clay, mixed with a filiceous earth. They
were fprmk' d with rays and grains refembling quartz,
and ■ome few flakes of mica. They fufed with great
difficulty in the fire; with fal fod* they Ihowed fome
e ervefcence at firft, but which ceafed in a ftiort time.
1 ie parts refembling quartz produced no motion at
a 1 ; from whence Mr Bergman concludes, that the
ack lava already mentioned proceeds principally from
tins mafs Several other ftones which were lent him
V0IrCelynTd’pMr ,HrerSraan fuppofed to have no con-
VOL. AI. Part n.
'>9 1 LAV
nexion with the eruptions, but to have been produced Lava,
fome other way. u—
In Mr Ferber’s travels through Italy, we are in- B*. ^
formed, that he has feen a fpecies of lava fo exailly re-p’erber.
fembhng blue iron flags, that it w^as not to be diftin-
gmllied from them but with great difficulty. The fame
author teds us likewife, that “ the Vicentine and Ve-
ronele lavas and volcanic allies contain enclofed feveral
forts of fire-ftriking and flint horn ftones, of a red,
black, white, green, and variegated colour, fuch as
jaipers and agates; that hyacinths, chryfolites, and
fiietre obfidiane, deferibed by Mr Arduini in his Giornale
d Italia, are found at Leonedo ; and that chalcedony
or opa! pebbles, and noduli with enclofed water drops,
{chalcedonii o/wh enhydri), are dug out of the volcanic
cineritious hills near Vicenza. s
M. Dolomieu confiders the chemical analyfts of la- M. Dolo-
va as but of little account. When fubjedled to themicu’3 °pi'
force of fire a fecond time, they are all of them redu-nion'
cible to the lame kind of glafs; from which it has been
concluded, that all volcanic products have been form¬
ed of the fame kind of materials, and that the fubter-
raneous fire has always a&ed on and varioufly modi-
fied. the fame kind of ftone. But an analyfis by fire,
hejuftly obferves, is of all others the moil fallacious!
The fubftances are all fufible, and we have no proper
methods of meafuring the intenfity of our fire ; fo
that the fame fubftance which to day may come out
of our furnaces untouched, may to morrow be found
completely altered, even though the fire employed
ftiould not appear to us to be any more violent than the
former. Analyfes by different: menftrua have not been
more fiiccefsful. Mr Bergman has indeed analyzed Bergman’s
lame lavas with acids, and gives with aftonilhing *pre- anaiyfis of
cifion the following refult, viz. that a hundred parts ava*
of lava contain forty-nine of filiceous earth, thirty-five
of argillaceous earth, four of calcareous earth, and
twelve of iron. Thefe experiments, however, our au¬
thor obferves, give us no information with regard to
lavas in general. They only (how the compofition of
the particular fpecimens that he tried ; and even after
the deferiptions that he has given, we are a good deal
at a lofs to ciilcover the Ipecies of lava which he fub-
jefted to analyfis. “ It would be as ridiculous (fays
M. Dolomieu) to apply this analyfis to every volcanic
produtft, as it would be to believe that the component
parts of a fiffile rock were the fame with thofe of every
rock composed of laminae or thin ftrata.” For thele
reafons he is of opinion, that, in order to underftand
the nature of lavas, we ftiould confider not only that of
volcanoes therafelves, but of the bafes on which they
reft. Had this been done, we would have found that
the volcanic fires generally exift in beds of argillaceous IO
fchiftus and horn-ftone ; frequently in a fpecies of por- '-f the feat
pliyry, the gluten of which is intermediate betwixt vo*caili('
horn-ftone and petroftlex ; containing a large quantity
of fchoerl, feldt-fpar, and greeniffi quartz or chryfolite,
in little rounded nodules, Thefe fubftances, he tells
us, would have been found in thofe mountains which
are called primitive, and in ftrata buried under beds
of calcareous ftone ; and, among other things, would
have convinced us, that the fluidity of lavas does not
make them lofe the diftindive chara&ers of their bafes.
In the mountains called Primitive, thofe rocks which
4 C are
L A V
tava. are afTigned as the bafes of the more common lavas
are found intermixed with micaceous one^, with gneiis,
granite, &c. and they generally reft on mafl'es of gra¬
nite. Hence lavas mult confift of all thefe matters,
and the fire muft a£t upon them all whenever it meets
with them. Our author has conftantly obferved, that
volcanoes fituated at the greateft diftance from the
centre of the chain or group of mountains on which
they are eftablilhed, produce lavas of a more homoge¬
neous compofition, and lefs varied, and which contain
xnoft iron and argillaceous earth, ft hofe, on the con¬
trary, placed nearer the centre, are more diverfified in
their products •, containing fubftnnces of an infinite
variety of different kinds, ft'he feat of the fire, how¬
ever, he obferves, does not long continue among the
granites, the inflammation being either extinguiftied,
or returning to the centre of the fchiftus rocks in its
jj neighbourhood.
Materials From this knowledge of the materials of which lavas
abundant in are compofed, we acquire alfo a confiderable know-
theeatth pledge of the matters that are found in greateft quantity
fhowift) $in the bowels of the earth, ft'he excavations made by
volcanic^ mines, &c. on the furface of the earth, are mere
fires. fcratches in comparifon of the depths of volcanic fires;
and as he confiders the mountains themfelves as the
productions of thofe fires, it thence follows, that by
attentively examining the materials of which they are
compofed, we may thence determine what kind of
fubftances are moft common at thefe great depths in the
earth.
Thus our author thinks it probable, that fchoerls
and porphyries, though rare on the furface, are very
common in the internal parts of the earth. As an in-
ftance of the truth of his obfervations, our author in¬
forms us, that he was convinced, from no other circum-
ftance but merely infpefting the lavas of Mount iEtna,
that in fome parts of the ifland of Sicily, there exift-
ed granites, porphyries, with fchiftus and argillaceous
horn-ftones. In this opinion he perfifted, notwithftand-
ing the generally oppofite fentiments of the inhabi¬
tants themfelves. He fearched in vain three-fourths
of the ifland j and at laft found that all the mountains,
forming the point of Sicily called Pe/orus, contain
rocks of the kind above-mentioned. He then faw that
the bafe of thefe mountains was produced under Mount
/Etna on one fide, and under the Lipari iflands on the
other. “ We muft, therefore, (fays he) believe, that
thefe mountains have furnifhed the materials on which
the volcanoes have, for thoufands of years, exerted
their power.”
By travelling among thofe elevations called the Ne/>-
tumon Mountains, or Mans Pe/or us, he w as enabled to
difcover the reafon why the products of ALtna and tne
Lipari iflands differ from one another. . This, he fays,
is the unequal diftribution of the granite and fchiftus
rocks among them. The iflands reft almoft immedi¬
ately on the granite, or are feparated from it by a very
tbin ftratum of argillaceous rock which contains por¬
phyry ", but the Sicilian volcano is fituated on the pro¬
longation of the fchiftus rock, which it muft pierce
before it reaches the granite ; and accordingly very
little of its lava feems to have granite for its bafis. If
the feat of the fire was ftill more diftant from the
centre of the mountains, their lavas would be more ho-
mogeneous j bccaufe the fchift, which i'ucceeds to the
X A V
horn-ftone, is lefs various, and hardly includes any bo- Lava,
dies foreign to its own fubftance. Thus the lavas, in ' v
the extinguilhed volcanoes of the Va/ di Noto, which
lie 15 leagues to the fouth eaft of Attna, contain nei¬
ther granite nor porphyry ; but have for their bafes
fimple rocks, with particles of chryfolite and fomc
fchoerls.
To the granites which extend to Metazzo, oppa-
fite to Lipari, he afcribes the formation of pumice j as
they contain an immenfe quantity of icaly and mica¬
ceous rocks, black and white, with foffil granites or
gneifs, the bafis of which is a very fufible feldt-fpar 5
and thefe he fuppofes to be the proper materials of the
pumice, having found pieces of them almoft untouch¬
ed in pumice-ftones. There are beds of almoft pure
feldt-fpar ; to the femivitrification of wdiich he afcribes
an opaque enamel like lava mentioned in other parts of
his works. Few porphyries, however, he acknow¬
ledges, are to be met wdth among the Neptunian
mountains, though thefe ftones abound in the lavas of
./Etna. “ They are not diftant (fays he) from the gra¬
nites 5 and thofe I have found have neither the hard-
nefs nor perfeflion of thofe pieces which I gathered
in the gullies, and which had been apparently w’alhed
out of the anterior parts of the mountain by w-ater.
But though the porphyries I faw here bear no propor¬
tion to thofe in the produdts of /Etna, I was fufficient-
ly convinced of their exiftence, and their analogy with
thofe of volcanoes, by difcovering that the centre of
thefe mountains contains a great number of them. Por¬
phyries, in general, are very rare on the furface of the
earth. Nature generally conceals them from us by
burying them under calcareous ftrata, or by enclofing.
them in fchiftus rocks with which they are almoft al- w
ways mixed : but we are indebted to the labour of
volcanoes for informing us that they are among the
moft common lubftances in the bowels of the earth ;
and they are never fo much difguifed by the fubterra-
nean fire as to be miftaken in the lavas of which they
form the bafis.”
For an account of volcanic produdlions, fee Mi¬
neralogy Index. i2
ft'he quantity of matter throwm out from vol- Vaft quart*
canoes under the name of lava is prodigious. Af-ties of lava
ter the great eruption of /Etna in 1669, Borellit-irown out
went from Pifa to Sicily to obferve the effedls of
it. The matter thrown out at that time amounted
to 93,830,750 cubical paces ; fo that, bad it been
extended in length upon the furface of the earth, it
would have reached more than four times round
the whole earth. All this matter, however, was
not lava, but confifted alfo of fand, ftone, gravel,
See. ft'he lava he computed at 6,300,000 paces,
which formed a river, according to our author, fome-
times two miles broad 5 but according to others it was
fix or feven miles broad, and fometimes 20 or 30 yards
in depth. Sir William Hamilton informs us, that the
lavas of /Etna are very commonly 15 or 20 miles in
length, fix or feven in breadth, and 50 feet deep. The
molt confiderable is fcarce lefs than 30 miles lofi^ and
15 broad, ft'he moft confiderable lavas of Vefuvius
do not exceed feven miles in length. The fame au¬
thor, however, tells us, that the lava which iffued
from Vefuvius in 1767, was fix miles long, two in
breadth, and in moil places 60 or 70 feet deep. In
one-
L 57°
"LAV [ 57t ] L A V
Lava, one place it had run along a hollow way made by cur-
■—-\r 1 rents of rain not lefs than 200 feet deep and loo
wide ; and this vail hollow it had in one place fill¬
ed up. He fays, he could not have believed that fo
great a quantity of matter could have been thrown out
in fuch a (hort time, if he had not examined the whole
courfe of it himfelf. Lven this quantity, however,
great as it is, appears very trifling in comparifon of
that thrown out in Iceland in the year 1783, which
covered a fpace of ground 90 miles in length and 42
in breadth, to the depth of more than 100 feet. Dr
Van Troll, in his Letters on Iceland, tells us, that he
and hi companions travelled over a tradl of lava up¬
wards of 300 miles in length : and in 1728, wre are told
that an eruption of lava took place, which continued
for two years to run into a great lake, which it almoft
"Require a
long time
to cool.
r4
Cold and
noxious va
pours pro¬
duced by
old lavas.
*5
Ufes ot
lava.
filled up.
As the lavas are thrown out from the volcanoes in
the higheft degree of ignition, it may eafily be fup-
pofed that fuch vaft bodies will retain their heat
for a long time. It would indeed be well worth
obferving, what length of time is required to cool a
lava perfectly; as from thence we might in fome
tneafure judge hotv far thofe philofophers are in the
right, who argue concerning the length of time re¬
quired to cool an ignited globe of the fize of our earth
or larger. Sir William Hamilton tells us, that in the
month of April 1771, he thruft flicks into fome of the
crevices of the lava w’hich had iflued from Vefuvius in
Oftober 1767, and they immediately took fire. On
Mount f£tna, in 1769, he obferved the lava that had
been difgorged three years before to fmoke in many parts.
No particular obfervation, however, hath been made
in what proportion the heat of lavas is gradually loft.
Sir William Hamilton informs us of a curious fa&
relating to a la' a in the ifland called Lacco. Here is
a cavern fhut up with a door $ and this cavern is made
uie of to cool liquors and fruit, which it does in a
(hort time as effectually as ice. Before the door was
opened, he felt the cold on his legs very fenfibly j but
• when it was opened, the cold rufhed out fo as to give
him pain \ and within the grotto it was intolerable.
He was not fenfible of wind attending this cold 5 though
upon Mount TEtna and Vefuvius, where there are ca¬
verns of this Jvind, the cold is evidently occafioned by
a fubterraneous wind : the natives call fuch places ven-
taroli. From old lavas there alfo frequently happens
an eruption of noxious vapours called mofetes. Thefe
likewife break out from wells and fubterraneous places
in the neighbourhood of a volcano before an eruption.
Our author tells us, that the vapour affeCls the noftrils,
throat, and ilomach, juft as the fpirit of hartfhorn or
any ftrong volatile fait; and would foon prove fatal if
you did not immediately withdraw from it. Thefe
mofetes, he fays, are at all times to be met with under
the ancient lavas of Vefuvius, particularly the great
eruption of 1631.
Sir William Hamilton informs us, that the lavas of
TEtna and Vefuvius are much the fame, but thofe of
Altna rather blacker and more porous than thofe of
Vefuvius. Same kinds of lava take a fine polifli, and
are frequently manufactured into boxes, tables, &c.
In Naples, the inhabitants commonly make ufe of it
for paving the ftreets, and even the fubterraneous cities
•of Pompeii and Herculaneum have been paved with
the fame fubftance. A fine large cubic piece of lava Lavandula,
is preferved in the hall of the Britifh Mufeum. , ^i'iva er-1
LAVANDULA, LAVENDER, a genus of plants, be- v
longing to the didynamia clafs, and in the natural me¬
thod ranking under the 4 2d order, Verticillatx. See
Botany Index.
LAVATER, John Gasfard Christian, bed
known by his writings on phyfiognomy, was born at
Zurich in Switzerland, in 1741. He was brought
up a proteftant minifter, and entered into holy orders
in 1761. He was for fome time pallor of the or¬
phans church in that city j but from the year 1778, he
was deacon and pallor of St Peter’s church in the
fame place. The eloquence of his difcourfes in the
pulpit procured for him an early reputation, as well as
the ardent zeal and Chriftian benevolence with which
he difcharged the duties of his office. Though not
much converfant with books, he had a very extenfive
knowledge of human nature, and a moft acute difcern-
ment. His theological writings in profe and verfe are
little known, but his works on phyfiognomy have ex¬
tended his fame throughout every part of Europe. We
are informed by himlelf, that he felt an early propen-
fity to ftudy the human *face, and frequently drew fuch
features as made a peculiar impreffion upon his mind $
but his choice of phyfiognomy was fixed by the fuggef-
tion of Dr Zimmerman, who, having heard his remarks
on the lingular countenance of a foldier whom they faw
palling by as they flood together at a window, urged
him to purfue and methodife his ideas. He foon ac¬
quired a full convidlion of the reality of phyliognomical
fcience, and of his own difcoveries in it. His firft vo¬
lume on this fubjeft appeared at Leipzig in 1776, and
the 20 feflions of which it was compofed he modeltly
denominated fragtnents. With him it appeared to be
an axiom, “ that the powers and faculties of the mind
have reprefentative figns in the folid parts of the coun¬
tenance.” This notion he extended to all animated
nature, firmly believing that internal qualities invaria¬
bly denot- themfelves by external marks or tokens.
Two more volumes foon appeared in fucceffion, con¬
taining a wonderful aifemblage of curious obfervations,
refined reafoning, delicate feeling, and philanthropic
fentiment, with a nuiqber of engravings highly finilhed
and Angularly expreffive. This work was well tranfla-
ted into the French and Englilb languages, and was
for fome time the favourite topic of literary difcuffion.
So much was its author admired, that no foreigner of
diftindlion paffed through Zurich wuthout obtaining an
interview wuth Lavater, and afking his opinion of lome
charadler from a ihade or miniature. His huge vo¬
lumes, however, are nowT feldom looked at except for
the fake of the plates, and his phyfiognomical notions
appear to be configned to oblivion with other fciences
of a chimerical nature. One of the bed known of his
mifcellaneous publications is his Aphorifms on Man,
w’hich contain originality both of fentiment and ex-
preffion, with deep and philofophical view's of human
nature.
Lavater w’as zealoufly attached to the Chriftian reve¬
lation, and tranflated Bonnet’s Enquiry into the Evi¬
dences of Chriftianity, into the German language.
This book he dedicated to the celUfiated Jewiih philo-
fopher, Mofes Mendelfohn, writh a challenge either to
refute it publicly, or profefs his conviction of the truth
4 C 2 of
LAV t 57
Lavateya, of its arguments. This challenge he afterwards con-
Lavatory. ^ fefl'ecj have been inconfiderate, and that his zeal had
milled him. His popularity at Zurich was fo extreme¬
ly great, that in his walks it was no uncommon thing
to fee the people flocking around him, and killing his
hand in token of refpebl. He had a moft exemplary
moral charadler, and his zeal in doing good wras fcarce-
ly ever fuipaiTed. Pie was mild and moderate in con-
verfation, although naturally full of fire and fenfibilityj
he was candid in his eftimate of fuch as differed from
him in opinion ; he always rofe early, and never took
his break fall till he thought he had earned it. He was
the determined enemy oi tyranny in every lhape, be¬
ing poffeffed of the genuine Swills zeal for liberty. Pie
was therefore a friend to the French revolution at its
commencement $ but the rapine, plunder, and blood-
ffied which afterwards difgraced it, made him one of its
bitterefl: antagonifls. On the day when the unfortu¬
nate city of Zurich was ftormed by Maffena in 1799,
he received a wound in the breall from a Swifs foldier
in the flreels, to whom he had formerly been a bene¬
factor. He never wholly recovered from the effects of
this wound 5 and he brought on a train of dangerous
fymptoms by attending for m%re than an hour, in the
open air, a man who was condemned to be fliot as a
fpy. The activity and vigour of his mind, however,
continued till a Ihcrt time before his death, which took
place on the 2d of January, 1801.
LAVATERA, a genus of plants, belonging to the
polyadelphia clafs, and in the natural method ranking
under the 37th order, Columniferce. See Botany
Index.
LAVATORY, or P^avadero, a name given to
certain places in Chili and Peru, where gold is got out
of earth by walking.
M. Frezier gives us the following defcription of the
lavatories of Chili:—They dig deep into the‘earth, in
fuch places as they have reafon to expecff: gold in j and,
in order to facilitate this digging, turn a llream of wTa-
ter upon the fpot, loofening the earth as mu Jr as pofli-
ble all the time, that the current may have the greater
effecff, and tear up the earth more flrongly. When
they are got to the earth they want, they turn off the
fiream, and dig dry.
The earth that they now get, is carried on mules,
and difcharged into a bafon, made fomewhat in the
manner of a fmith’s bellows j into which a little rivu¬
let of water runs with a great deal of rapidity, diffolv-
ing the parts of the earth, and carrying every thing
away with it, excepting the particles of gold, which,
by their great weight, precipitate to the bottom of the
bafon, and mix with fine black fand, where they
are almoft as much hidden as they, were before in the
earth.
Sometimes they find very confiderable pieces in la¬
vatories, particularly pieces of twenty-four ounces each.
There are feveral lavatories, where they find pepitas,
or pieces of virgin gold, of a prodigious lize. A-
mong others, they tell of one that weighed 512
ounces, bought by the count de la Moncloa, viceroy
of Peru.
Nine or ten leagues to the eaft of Coquimbo, are
the lavatories of findacoll, the gold whereof is 23
carats fine.—Their works here always turn to great
profit, excepting when the water fails them.—The
2 ] LAV
natives maintain that the earth is creative, that is,
it pioduces gold, continually; becaufe, after having
been w'aihed 60 or 80 year', they find it impreg¬
nated afrefh, and draw akngll as much out of it as at
firfl.
I.AUBACH, a handfome and ilrong town of Ger¬
many, in the circle of Auffria, r- d n Carniols. with
a bilhop’s fee, a caille, and very h uidfpme houl'es. It
is feated on a river of the fame name, wherein are the
largeft crawfifh in Europe. E. Long. 14. 45. N. Eat.
46. 20.
LAUD, William, archbithop of Canterbury in
the 17th century, was born at Reading in 1573, and
educated in St John’s college, Oxford, of which he
wjas afterwards a fellow and grammar reader. In
16JO, he went into orders. In 1611, he wras defied
prefident of St John’s college ; but his eleflion being
difputed, it was confirmed by his majefly. The fame
year he was fworn the king’s chaplain. In 1621,
he was nominated bilhop of St David’s. In 1628, he
was tranflated to the biftioprlc of London. In 1630,
he was defied chancellor of the univerfity of Oxford.
In 1633, he attended the king into Scotland, and was
fworn a privy counfellor for that kingdom. During
his flay in Scotland, he formed the refolution of bring¬
ing that church to an exact conformity with the church
of England. In the fame year, he fucceeded Archbi-
fnop Abbot in the fee of Canterbury ; and foon after
came out his majefty’s declaration about lawful fports
on Sundays, which the archbilhop was charged with
having revived and enlarged, and that with the vexa¬
tious profecutions of fuch clergymen as refufed to
read it in their churches. In 1634-5, t*ie archbilhop
was put into the great committee of trade and the
king’s revenue; on the 4th of March following, he
was appointed one of the commiflioners of the trea-
fury ; and on the 6th of March 1635-6, he received
the llaff of lord high treafurer of England. In order
to prevent the printing and publiflung what he thought
improper books, he procured a decree to be paffed in
the ftar-chamber, on the nth of July 1637, whereby
it was enjoined that the mailer printers Ihould be re¬
duced to a certain number, and that none of them Ihould
print any books till they were licenfed either by the
archbilhop or the bilhop of London, or fome of their
chaplains, or by the chancellors or vice chancellors of
the two univerfities. A new parliament being fum-
moned, met on the 13th of April 1640 ; and the con¬
vocation the day following : but the commons launch¬
ing out into complaints againft the archbilhop, and in¬
filling upon a redrefs of grievances before they granted
any fupply, the parliament was diffolved on the 7th of
May. The convocation, however, continued fitting;
and made 17 canons, which were fuppofed to be form¬
ed under the immediate diredlion of the archbilhop.
In the beginning of the long parliament he was at¬
tacked on account of thofe canons : and they being
condemned by the houfe of commons on the 16th of
December 1640, “ as containing many things con¬
trary to the king’s prerogative, to the fundamental
laws and flatutes of this realm, to the rights of par¬
liament, to the property and liberty of the fubjecl, and
tending to fcdition, and of dangerous confequence
he was, on the 18th of December, accufed by the
commons of high treafon, and fent to the Tower.
Being-
L A U
[ 513 ]
L A U
Laudanum Being tried before the houfe of lords, for endeavouring
to fubvert the laws, and to overthrow the Proteftant
religion, he was found guilty, and beheaded on Tower-
hill on January 10th following, in the 72d year of his
age. This learned prelate, notwithftanding his being
charged with a defign to bring in Popery, wrote an
Anfwer to Dr Fiflier, which is elleemed one of the bed
pieces that has been printed againft that religion. Pie
was temperate in his diet, and regular in his private
life : but his fondnefs for introducing new ceremonies,
in which he ihowed a hot and indifcrcet zeal, his en¬
couraging of fports on Sundays, his illegal and cruel
feverity in the ftar-chamber and high commiffion
courts, and the fury with which he perfecuted the dif-
fenters, and all who prefumed to contradift his fenti-
ments, expofed him to popular hatred. Befides his
Anfwer to Filher, he publiihed feveral fermons, and
other works.
LAUDANUM. See Opium, Materia Medica
Index.
LAUDATIO, in a legal fenfe, was anciently the
teftimony delivered in court of the accufed perfon’s
good behaviour and integrity of life. It refembled
the cuftom, which prevails in our trials, of calling per-
lons to fpeak to the charapfer of the ptiloner. I ac
lead number of the laudatores among the Romans was
ten. V ^
LAUDER, William, a native of Scotland, was
educated at the univerlity of Edinburgh, where he fi-
nidled his dudies with great reputation, and acquired
a condderable knowledge of the Latin tongue. In
1734, he received a tedimonial from the
the univerfity, certifying that he was a fit
teach humanity in any fchool or college
In 1739 he publiihed at Edinburgh an edi¬
tion of Johndon’s Pfalms. In 1742, he was recom¬
mended by Mr Patrick Gumming and Mr Colin Mac-
laurin, profefiors of church hidory and mathematics,
to the maderlhip of the grammar fchool at D indee,
then vacant. Whether he lucceeded in his applica¬
tion or not, is uncertain : but a few years afterwards
we find him in London, contriving to ruin the reputa¬
tion of Milton •, an attempt which ended in the de-
ftru£Iion of his own. His reafon for the attack pro¬
bably fprung from the virulence of a violent party-fpi-
rit, which triumphed over every principle of honour
and honedy. Fie began fird to retail part of his de¬
fign in the Gentleman’s Magazine, 1747 J and find¬
ing that his forgeries were not deteffed, was encou¬
raged in 1751 to colleft them, with additions, into a
volume, entitled, “ An Effay on Milton’s Ufe and Imi¬
tation of the Moderns in. his Paradife Loll,” 3vo. I he
fidelity of his quotations had been doubted by feveral
people ; and the falfehood of them was foon after de-
mondrated by Dr Douglas, in a pamphlet, entitled,
“ Milton Vindicated from the Charge of Plagiarifm
brought againd him by Lauder, and Lauder bimielf
convifled of feveral Forgeries and grofs Impofitions on
the Public.: In a Letter humbly addreffed to the Right
Honourable the Earl of Bath, 175 L” 8vo. I he ap-
irance of this Deteftion overwhelmed Lauder with
He fubferibed a confeffion, dictated by a
learned friend, wherein he ingenuoufiy acknowledged
his offence, which he profeffed to have been ccrafioned
by the injury he had received from the difappoiutment
Lauds.
May 21.
heads of
perfon to
whatever.
pe^r
confuiion.
of his expectations of profit from the publication ofhaudicoeui
Johndon’s Pfalms. This misfortune he aferibed to a
couplet in Mr Pope’s Dunciad, Book iv. ver. 3. and _
from thence originated his rancour againd Milton. He
afterwards imputed his conduct to other motives 5 abu-
fed the few friends who continued to countenance him *,
and, finding that his character was not to be retrieved,
quitted the kingdom, and went to Barbadoes, where
he fome time taught a fchool. His behaviour there
was mean and delpicable ; and he pafl’ed the remainder
of his life in univerfal contempt. “ He died (fays Mr
Nicholas) fome time about the year 1771, as my friend
Mr Reed was informed by the gentleman who read the
funeral fervice over him.”
LAUDICCENI, amongfl the Romans, applauders,
who for reward entered the rehearfal-rooms, attended
the repetition of plays, and were in waiting when ora¬
tions were pronounced, in order to raife or increafe the
acclamation and applaufe.
LAUDOHN, Field Marhall), a celebrated ge¬
neral in the Imperial fervice, born in 1716, wras a na¬
tive of Livonia, and defeended from a Scottifh family.
He made his firft campaigns under Marfhal Munich, in
the war of 1738, between the Ruffians and Turks j and
was at the taking of Oczakow, Choczim, and Staw-
utzchane, where the Turks were entirely defeated.
Frederick the Great refufed, in 1741, to take young
Laudohn into his lervice, faying he did not like his
countenance j though this monarch, who was confider-
ed as the greateff general of his age, afterwards faid,
that he often admired the pofitions of other generals,
but that he had ever dreaded the battles of Laudohn.
In 1756, when but juft entered into the fervice of the
houfe of Auftria, with the rank of lieutenant-colonel,
he made fuch a rapid progrefs, that within lefs than a
year he was a general of artillery, and within three
years commander in chief of the whole army. He
refeued Olmutz, when befieged by the Pruffians j beat
the king himfelf at Frankfort on the Oder ; at Zorn-
dorf, took General Fouquet prifoner ; carried Glatz
and Schweidnitz by affault; and flopped the progreis
of Frederick in a war which might have proved fatal
to the houfe of Auftria. In 1778, when elevated to
the rank of marffial, at the head of 60,000 men, he
hindered Henry, brother to the king of Pruffia, from
joining his army to that of the king. At Dubicza,
Novi, Grandifca, and Belgrade, in the late war between
the emperor and the Turks, he had but to prefent
himfelf before the place, and fay with Caefav, Veni, vidi,
vici. But at his head quarters in Moravia, he was
feized with a fever, in confequence of an operation he
underwent for an obftruftion in the urethra. His im¬
patience under the medical applications, the impetuous
ardour of his charafter, and the knowledge, above all,,
of bis importance in the war, contributed to irritate his
mind, and promote the violence of the fever. He re¬
filled the application of cataplafms, before and after the
incifions were made, with a fatal obftinacy, which raifed
the inflammation to fuch a height, that he expired un¬
derfire acceffion of the fever on the 14th of July 1790,
in the 74th year of his age.
LAUDS, Laudes, the fecond part of the ordinary
office of the breviary, faid after matins 5 though, here¬
tofore, it ended the office of the night.
The laudes confift principally of pfalms, hymns,
&c.
t, A U
X.avetiTiam'Sec. whence they took their name, from laus. laudis
fl “ praife.”
Lrmgh^ LAVENHAM, or Lanham, 6i miles from Lon¬
don, is a pleafant and pretty large town of Suffolk, on
a branch of the river Bret, from whence it rifes gra¬
dually to the top of a hill, where are its church, which
is a very handfome Gothic ftru&ure, and in which are
feveral ancient monuments j and a fpacious market¬
place, encompaffed with nine ftreets or divifions, in a
very healthy free air. It had formerly a very confi-
derable trade in blue cloth j and had three guilds or
companies, with each their hall. It has ftill a confi-
derable manufa&ory of ferges, (balloons, fays, (luffs,
and fpinning fine yarn for London j and many hun¬
dred loads of wool are delivered every year from its
wool-hall. It is governed by 6 capital burgeffes, who
are for life, and choofe the inferior officers. The
church, and its (teeple, which is 137 feet high, are
reckoned the fined in the county. Its tenor bell,
though not much more than a ton, has as deep a note
as a bell of twice that w-eight. Here is a free fchool
and a bridewell, part of which is a workhoufe wffiere
the poor children, &c. of the pariffi are employed in
fpinning hemp, (lax, and yarn ; befides which, here are
other confiderable charities. The tenants of the ma¬
nor and the other inhabitants were always exempted
from ferving at any court held for its hamlet. The
tenure of land called Borough Knglifh exids here.
LAVENDER. See Lavandula, Botany, and
Materia Medica Index.
LAVER, in feripture hidory, a facred utenfil pla¬
ced in the court of the Jewilh tabernacle, confiding of a
bafon, whence they drew water by cocks, for waihing
the hands and feet of the officiating prieds, and alfo the
entrails and legs of the victims.
LAVERNA, in antiquity, the goddefs of thieves
and cheats among the Romans, who honoured her with
public wordiip, becaufe (he was fuppofed to favour thofe
who wilhed that their defigns might not be difeovered.
Varro fays, that (he had an altar near one of the gates
of Rome; hence called porta lavernalis.
LAUGERIA, a genus of plants belonging to the
pentandria clafs, and in the natural method rank¬
ing among thofe of which the order is doubtful. See
Botany Index.
LAUGHTER, an affe&ion peculiar to mankind,
occafioned by fomething that tickles the fancy.
In laughter, the eyebrows are raifed about the
middle, and drawn down next the nofe ; the eyes are
almod (hut 5 the mouth opens and (hows the teeth, the
corners of the mouth being drawn back and raifed
up ; the cheeks feem puffed up, and almoft hide the
eyes ; the face is ufually red; the noftrils are open ;
and the eyes wTet.
Authors attribute laughter to the fifth pair of nerves,
which fending branches to the eye, ear, lips, tongue,
palate, and mufcles of the cheek, parts of the mouth,
prsecordia, &c. there hence arifes a fympathv, or con-
lent, between all thefe parts; fo that when one of
them is afted upon, the others are proportionably af-
[ 574 ]
L A U
with laughter; if it caufe fadnefs and melancholy, it
likewile affects the praecordia, and demonftrates itfelf
by caufing the glands of the eyes to emit tears. Dr
Willis accounts for the pleaiure of killing from the
fame caufe ; the branches of this fifth pair being fpread
to the lips, the prascordia, and the genital parts;
whence arifes a fympathy between thofe parts.
'I he affection of the tcund by w?hich laughter is pro¬
duced is feemingly fo very different from the other
paffions with which w7e are endowed, that it hath en¬
gaged the attention of very eminent perfons to find it
out.—1. Ariffotle, in the fifth chapter of his Poetics,
obferves of comedy, that “ it imitates thofe vices or
meannefles only which partake of the ridiculous novsi
the ridiculous ((ays he) coniifts of fome fault or tur¬
pitude not attended with great pain, and not deftruc-
tive.” . 2. “ The paffion of laughter (fays Mr Hobbes)
is nothing elfe^ but hidden glory arifing from fome
fudden conception of fome eminency in ourfelves, bv
comparifon with the infirmity of others, or with our
own formerly. For men (continues he) laugh at
the follies of themfelves pad, when they come fud-
denly to remembrance, except when we bring with
them any fudden diffionour.” 3. Akenfide, in the
third book of his excellent poem, treats of ridicule
at confiderable length. He gives a detail of ridi¬
culous characters; ignorant pretenders to learning,
boaltful foldiers, and lying travellers, hypocritical
churchmen, conceited politicians, old women that talk
of. their charms and virtue, ragged philofophers who
rail at riches, virtuofi intent upon tribes, romantic
lovers, wits wantonly fatirical, fops that out of vanity
appear to be difeafed and profligate, daitards who are
athamed or afraid without reafon, and fools who are
ignorant of what they ought to know. Having finiih-
ed the detail of characters, he makes fome general re¬
marks on the cauie of ridicule; and explains himfelf
more fully m a profe definition illuftrated by examples.
1 he r finition, or rather defeription, is in thefe words :
1 at which makes objeCts ridiculous, is (ome ground
of admiration or efteem connected writh other more ge¬
neral circumftances comparatively worthlefs or deform¬
ed : or it is fome circumftance of turpitude or defor- 1
mity connected with wffiat is in general excellent or
beautiful; the inconfiftent properties exiiting either in
the objeCts themfelves, or in the apprehenfion of the
perfon to W'hom they relate ; belonging alwrays to the
fame order or clafs of being ; implying fentiment and
defign, and exciting no acute or vehement commotion
of the heart.” 4. Hutchefon has given another ac¬
count of the ludicrous quality, and feems to think that
it is the contrast or op ofition of dignity and meannefs
wffiich occafions laughter.
All thefe opinions are refuted by Dr Beattie in his
Effay on Laughter and Ludicrous Compofition, where
he has treated the fubjeCt in a mafterly manner. “ To
provoke laughter (fays he), is not effential either to wit
or humour. For though that unexpected difeovery of
refemblance between ideas fuppofed diffimilar, which is
called zvit—and that comic exhibition of (ingular cha-
fcaed. Hence" a favo^ thing feen, oV Wlt, 7ffeaS
1C g and;, and parts o. the mouth ; a thing feen, or humour,—do frequently raife laughter, they do not rJfe
the mouth ,
heard, that is (hameful, affeCls the cheeks with blulhes;
on the contrary, if it pleafe and tickle the fancy, it af-
fc&s the praecordia, and mufcles of the mouth and face,
it always. Addifon’s poem to Sir Godfrey Kneller, in
which the Britiih kings are likened to heathen gods,
is exquifitely witty, and yet not laughable. Pope’s
Effay
daughter.
L A U [ s:
Laughter. May on Man abounds in ferious wit j and examples
 -v—<0£ fcr;ous humour are not uncommon in Fielding’s
Hiftory of Parfon Adams, and in Addifon’s account
of Sir Roger de Coverley. Wit, when thejubjeft is
grave, and the allufions fublime, raifes admiration in-
ilead of laughter : and if the comic Angularities of a
good man appear in circumftances of real diftrefs, the
imitation ot thefe Angularities in the epic or dramatic
comedy will form a fpecies of humour, which, if it
fhould force a fmile, will draw forth a tear at the fame
time. An inquiry, therefore, into the diitinguifhing
charafters of wit and humour has no neceffary connec¬
tion with the prefent fubjecl.
“ Some authors have treated of ridicule, without
marking the diftin&ion between ridiculous and ludicrous
ideas. But 1 prefume the natural order of proceeding
in this inquiry, is to begin with afcertaining the na¬
ture of what is purely ludicrous. 1 hings ludicrous and
things ridiculous have this in common, that both ex¬
cite'laughter •, but the former excite pure laughter, the
latter excite laughter mixed with difapprobation and
contempt. IVIy defign is to analyze and explain that
quality in things or ideas, which makes them provoke
pure laughter, and entitles them to the name of ludi¬
crous or laughable.
“ When certain obje&s, qualities, or ideas, occur to
our fenfes, memory, or imagination, wTe fmile or laugh
at them, and expeft that other men fhould do the
fame. To fmile on certain occafions is not lefs natural,
than to weep at the fight of diitrefs or cry out when
we feel pain.
“ There are different kinds of laughter. As a boy,
pafling by night through a churchyard, fings or
whiffles in order to conceal his fear even.from himfelf;
fo there are men, who, by forcing a fmile, endeavour
fometimes to hide from others, and from themfelves
too perhaps, their malevolence or envy. Such laugh¬
ter is unnatural. The found of it offends the ear j the
features difforted by it feem horrible to tne eye. A.
mixture of hypocrify, malice, and cruel joy, thus dif-
played on the countenance, is one of the mofl hateful
fights in nature, and transforms the “ human fhce di¬
vine” into the vifage of a fiend. Similar to this is the
fmile of a wicked perfon pleafing himfelf with the hope
of accomplifhing his evil purpofes. Milton gives a
idriking picture of it in that well known paffage :
He ceas’d j for both feem’d highly pleas’d; and Death
Grinn’d horrible a ghaftly fmile, to hear
His famine fhould be fill’d, and bleft his maw
Deflin’d to that good hour. 
But enough of this. Laughter that makes a man a fiend
or a monfter, I have no inclination to analyze. My
inquiiies are confined to that fpecies of laughter which
is at once natural and innocent.
“ Of this there are two forts. The laughter occa-
fioned by tickling or gladnefs is different from that
which arifes on reading the Tale of a lub. The
former may be called animal laughter: the latter (if
it were lawful to adopt a new word which has become
very common of late) I fhould term Jentimental. Smiles-
admit of fimilar divifions. Not to mention the fcornful,
the envious, the malevolent fmile, I would only re¬
mark, that of the innocent and agreeable fmile there
are two forts. The one proceeds from the rilibk emo-
5 1 L A U '
tion, and has a tendency to break out into laughter. Ltfagatei.
The other is the effeft of good humour, complacency, v
and tender aifeftion. This lafl fort of fmile renders a
countenance amiable in the higheft degree. Homer
afcribes it to Venus in an epithet (<p;AeuAC2<C/55), which
Dryden and Pope, after Waller, improperly tranflate
laughter-loving; an idea that accords better with the
character of a romp or hoyden, than with the goddeis
of love and beauty.
“ Animal laughter admits of various degrees 5 from
the gentle impulfe excited in a child by moderate joy,
to that terrifying and even mortal convullion which
has been known to accompany a change of fortune.
This paffion may, as well as joy and forrow, be com¬
municated by fyrnpathy j and I know not whether the
entertainment we receive from the playful tricks of
kittens and other young animals may not in part be
refolved into fomething like a fellow-feeling of their
vivacity.—Animal and fentimental laughter are fre¬
quently blended ; but it is eafy to diflinguifh them.
The former is often exceflive ; the latter never, unlefs
heightened by the other. The latter is always plea¬
fing, both in itfelf and in its caufe 5 the former may be
painful in both. But their principal difference is this:
—The one always proceeds from a fentiment or emo¬
tion excited in the mind, in confequence of certain ideas
or objects being prefented to it, of which emotion we
may be confcious even when we fupprefs laughter j—
the other arifes not from any fentiment or perception of
ludicrous ideas, but from fome bodily feeling, or hid¬
den impulfe on what is called the animalfpints, pro¬
ceeding, or feeming to proceed, from the operation of
caufes purely material. The prefent inquiry regards
that fpecies that is here diftinguilhed by the name of
fentimental laughter.
“ The pleafing emotion, anfing from the view of
ludicrous ideas, is known to every one by experience }
but, being a fimple feeling, admits not of definition.
It is to be diftinguifhed from the laughter that gene¬
rally attends it, as forrow is to be diilinguilhed from
tears j for it is often felt in a high degree by thofe
who are remarkable for gravity of countenance. Swift,
feldom laughed, notwrithllanding his uncommon ta¬
lents in wit and humour, and the extraordinary delight
he feems to have had in furveying the ridiculous fide
of things. Why this agreeable emotion ihould be ac¬
companied with laughter as its outward fign, or forrow
exprefs itfelf by tears, or fear by trembling or palenefs,
I cannot ultimately explain, otherwife than by faying,
that fuch is the appointment of the Author of na¬
ture.—All I mean by this inquiry is, to determine,
“ What is peculiar to thofe things which produce
laughter,—or rather, which raife in the mind that
pleafing fentiment or emotion whereof laughter is the
external fign.
« Philofophers have differed in their opinions con¬
cerning this matter. In Ariftotle’s definition quoted
above, it is clear that he means to characterize, not
laughable qualities in general (as fome have thought),
but the objeCts of comic ridicule only j and in this
view the definition is juft, however it may have been
overlooked or defpifed by comic writers. Crimes
and misfortunes are often, in modem plays, and
were fometimes in the ancient, held up as objeCts
of oublic merriment j but if poets had that reverence
* for
L A U r 576
daughter, for nature which they ought to have, they would not
fliock the common fenfe of mankind by fo abfurd a
reprerentation. The definition from Ann a.. iocs
not, however, fuit the general nature of ludicrous
ideas •, for it will appear by and by, that men laugh
at tnat in which there is neither fault nor turpitude of
any kind.
“ The theory of Mr Hobbes would hardly have
deferved notice, if Addifon had not fpoken of it with
approbation in the 47th paper of the Spectator. He
juftly obferves, after quoting the words of Mr Hobbes
formerly mentioned, that “ according to this a:count,
when we hear a man laugh excefiively, inftead of fay¬
ing that he is very merry, we ought to tell him that
he is very proud.” It is firange, that the elegant au¬
thor Ihould be aware of this confequence, and yet ad¬
mit the theory : for fo good a judge of human nature
could not be ignorant, that laughter is not conlidered
as a fign of pride ; perfons of fingular gravity being
often fufpefted of that vice, but great laughers feldom
or never. When we fee a man attentive to the inno¬
cent humours of a merry company, and yet maintain
a fixed folemnity of countenance, is it natural for us to
think that he is the humbleft, and the only humble per-
fon in the circle ?
“ Another writer in the Spectator, N° 249. remarks,
in confirmation of tins theory, that the vainejl part of
mankind are mold addifded to the paflion of laughter.
N rw, how can this be, if the proudejl part of mankind
are alfo moft addifled to it, unlefs rve fuppofe vanity
and pride to be the fame thing ? But they certainly
are different paffions. The proud man defpifes other-
men, and derives his chief pleafure from the contem¬
plation of his owm importance : the vain man Hands in
need of the applaufe of others, and cannot be happy
without it. Pride is apt to be referved and fallen ; va¬
nity is often affable, and officioufly obliging. Ihe
proud man is fo confident of his merit, and thinks it
fo obvious to all the world, that he will fcarcely give
himfelf the trouble to inform you of it: the vain man,
to raife your admiration, fcruples not to tell you, not
only the whole truth, but even a great deal more. In
the fame perfon thefe two paffrons may, no doubt, be
united } but fome men are too proud to be vain, and
fome vain men are too confcious of their own weaknefs
to be proud. Be all this, however, as it will, we have
not as yet made any difeovery of the caufe of laugh¬
ter : in regard to which, I apprehend, that the vain are
not more intemperate than other people j and I am fure
that the proud are much lefs fo.
“ Hutchefon’s account of the origin of laughter is
equally unfatisfa&ory. Granting what he fays to be
true, I would obferve, in the firft place, what the in¬
genious author feems to have been aw'are of, that there
may be a mixture of meannefs and dignity where there
is nothing ludicrous. A city, confidered as a collec¬
tion of low and lofty houfes, is no laughable objeft.
Nor was that perfon either ludicrous or ridiculous,
whom Pope fo juftly characterifes,
“ The preateft, tvifeft, meaneft of mankind.”
.—But, fecondly, cafes might be mentioned, of laugh¬
ter arifrng from a group of ideas or objects, where¬
in there is no difcernible oppofition of meannefs or
3
]
dignity,
that
L A U
We are told of the dagger of Hudibras, Laughter.
“ It could ferape trenchers, or chip bread,
<l .foall cheefe or bacon, though it ivere
“ io bait a moule trap, ’twou’d not care 5
“ ’ fwou’d make clean flroes, or in the earth
li Set leeks and onions, and fo forth.”
The humour of the paifage cannot arife from the mean-
nefs or thefe offices compared with the dignity of the
dagger, nor from any oppofition of meannefs and dig¬
nity in the offices themfelves, they being all equally
mean 5 and mult therefore be owing to fome peculia¬
rity in the deferrption. We laugh, when a droll mi¬
mics the folemnity of a grave perfon •, here dignity and
meannefs are indeed united : but we laugh alfo (though
not fo heartily perhaps) when he mimics the peculia¬
rities of a fellow as inlignificant as himfelf, and dif-
plays no oppofkion of dignity and meannefs. The le¬
vities of Sancho Pan^a oppofed to the folemnity of his
maffer, and compared with his own fchemes of prefer¬
ment, form an entertaining contraff : but -fome of the
vagaries of that renowned (quire are truly laughable,
even when his preferment and his mafle.r are out of the
queilion. Men laugh at puns *, the wifeff and wittiefl
of our fpecies have laughed at them ; Queen Elizabeth,
Cicero, and Shakefpeare, laughed at them j clowns and
children laugh at them 5 and mod men, at one time or
other, are inclined to do the fame : but in this fort of
low wit, is it an oppofition of meannefs and dignity
that entertains us ? Is it not rather a mixture of fame-
nefs and diveriity,—famenefs in the found, and diver-
lity in the fignification ?
“ In the characters mentioned by Akenfide, the
author does not diflin-guifh between what is laughable
and what is contemptible ; fo that we have no reaion to
think, that he meant to fpecify the qualities peculiar
to thofe things which provoke pure laughter; and
whatever account we may make of his definition, which
to thofe who acquiefce in the foregoing reafonings
may perhaps appear not quite fatisfaftory, there is in
the poem a paffage that deferves particular notice, as
it feems to contain a more exaCI account of the ludi¬
crous quality than is to be found in any of the theo¬
ries above mentioned. This paffage we (hall foon have
occafion to quote.”
Our author now goes on to lay down his own theory
concerning the origin of laughter, which he fiippofes
to arile from the view of things incongruous united in
the fame affemblage. “ However imperfeCl (fays he)
the above-mentioned theories may appear, there is none
of them deftitute of merit j and indeed the moil fanci¬
ful philofonher feldom frames a theory without confult-
ing nature in fnme of her more obvious appearances.
Laughter very frequently arifes from the view of dig¬
nity and meannefs united in the fame objeCl ; fome-
times, no doubt, from the appearance of affumed infe¬
riority, as well as of foall faults and unimportant tur¬
pitudes $ and fometimes, perhaps, though rarely, from
that fort of pride which is deferibed in the paffage al¬
ready quoted from Hobbes.
“ All thefe accounts agree in this, that the caufe of
laughter is fomething compounded ; or fomething that
difpofes the mind to form a comparifon, by paffing
from
L A U [ 577 ] L A U
Laughter, from one obje£t or idea to another. That this is in
-—v ’ fa(ft the cafe, cannot be proved a priori; but this holds
in all the examples hitherto given, and will be found
to hold in all that are given hereafter. May it not then
be laid down as a principle, That laughter arifes from
the view of two or more obje&s or ideas difpofmg the
mind to form a comparifon ? According to the theory
of Hobbes, this comparifon would be between the lu¬
dicrous objetl and ourfelves \ according to thofe writ¬
ers who mifapply Aridotle’s definition, it would feem
to be formed between the ludicrous objeft and things
or perfons in general ; and if vve incline to Hutchelon’s
theory, which is the belt of the three, we Shall think
that there is a comparifon of the parts of the ludicrous
objedt, firth with one another, and fecondly with ideas
or things extraneous.
“ Further : every appearance that is made up of
parts, or that leads the mind of the beholder to form a
comparifon, is not ludicrous. The body of a man or
woman, of a horfe, a fitli, or a bird, is not ludicrous,
though it confifts of many parts ; and it may be com¬
pared to many other things without raifing laughter ;
but the picture deferibed in the beginning of the
epiltle to the Pifoes, with a man’s head, a horfe’s neck,
feathers of different birds, limbs of different beads, and
the tail of a fidi, would have been thought ludicrous
j8co years ago, if we believe Horace, and in certain
circumflances would no doubt be fo at this day. It
would feem then, that ‘ the parts of a laughable affem-
blage mud be in fome degree unfuitable and heteroge¬
neous.’
“ Moreover : any one of the parts of the Horatian
monffer, a human head, a horfe’s neck, the tail of a
fifh, or the plumage of a fowl, is not ludicrous in it-
felf; nor would thofe feveral pieces be ludicrous, if at¬
tended to in fucceffion, without any view to their
union. For to fee them difpofed on the different (helves
of a mufeum, or even on the fame fhelf, nobody would
laugh, except, perhaps, the thought of uniting them
w'ere to occur to his fancy, or the paffage of Horace
to his memory. It feems to follow, that “ the incon¬
gruous parts of a laughable idea or objcdl muft either
be combined fo as to form an affemblage, or mull be
fuppofed to be fo combined.”
“ May we not then conclude, ‘ that laughter arifes
from the view of two or more inconfiftent, unfuitable,
or incongruous parts or circumftances, confidered as
united in one complex obje£l or affemblage, or as ac¬
quiring a fort of mutual relation from the peculiar
manner in which the mind takes notice of them ?’ The
lines from Akenfide formerly referred to, feem to point
at the fame doftrine :
Where-e’er the pow’r of ridicule difplays
Her quaint-ey’d vifage, fome incongruous form,
Somejlubborn di/Jbnance of things combin'd.
Strikes on the quick obferver.
And to the fame purpofe, the learned and ingenious
Dr Gerard, in his Eflai/ on Tajle : ‘ The fenfe of ri¬
dicule is gratified by an inconliflence and diffonance
of circumftances in the fame obiecl, or in objects nearly
related in the main ; or by a fimilitude or a relation
unexpefted between things on the whole oppofite and
unlike.’ »
“ And therefore, inftead of faying, with Hutchefon,
Vol. XI. Part H,
that the caufe or objeeft of laughter is an c oppofition
of dignity and meannefs I would fay, in more gene¬
ral terms, that it is ‘ an oppofition of fuitabienefs or
unfuitablenefs, or of relation and the w’ant of relation,
united, or fuppofed to be united, in the fame affem-
blage.’ Thus the offices affirmed to the dagger of
Hudibras feem quite heterogeneous ; but we difeover
a bond of connexion among them, when we are told
that the fame weapon could occafionally perform them
all. Thus, even in that mimicry which difplays no op¬
pofition of dignity and meannefs, we perceive the ac¬
tions of one man joined to the features and body of
another 5 that is, a mixture of unfuitablenefs, or want
of relation, arifing from the difference of perfons, with
congruity and fimilitude, arifing from the famenefs of
the aftions. And here let it, be obffirved in general,
that the greater number of incongruities that are
blended in the fame aflemblage, the more ludicrous it
will probably be. If, as in Butler’s refemblance of
the morning to a boiled lobfter, there is a mixture of
dignity and meannefs, as well as of likenefs and diffimi-
litude, the effeht of the contrail will be more power¬
ful, than if only one of thefe oppofitions had occurred
in the ludicrous idea. The fublimity of Don Quixote’s
mind, contrafted and connected wdth his miferable
equipage, forms a very comical exhibition 5 but when
all this is Hill further connehled and contrafted with
Sancho Panca, the ridicule is heightened exceedingly.
Had the knight of the lions been better mounted and
accoutred, he wrould not have made us fmile fo often j
becaufe, the hero’s mind and circumftances being more
adequately matched, the whole group would have
united fewTer inconfiftencies, and reconciled few'er
incongruities. Butler has combined a dill greater*
variety of uncouth and jarring circumftances in Ralpho
and Hudibras : but the pidfure, though more elabo¬
rate, is lefs natural. Yet this argues no defedl of
judgement. His defign was, to make his hero not
only ludicrous, but contemptible; and therefore he
jumbles together, in his equipage and perfon, a num¬
ber of mean and difgufting qualities, pedantry, igno¬
rance, naftinefs, and extreme deformity. But the
knight of La Mancha, though a ludicrous, was never
intended for a contemptible, perfonage. He often
moves our pity, he never forfeits our efteem ; and his
adventures and fentiments are generally interefting j
which could not have been the cafe if his ftory had not
been natural, and himfelf been endowed with great as
well as good qualities. To have given him fuch a
lhape, and fuch weapons, arguments^ boots, and
breeches, as Butler has bellowed on his champion,
wmuld have deftroyed that folemnity which is fo linking
a feature in Don Quixote : and Hudibras, with the
manners and perfon of the Spaniih hero, would not
have been that paltry figure which the Englilh poet
meant to hold up to the laughter and contempt of his
countrymen. Sir Launcelot Greaves is of Don Quix¬
ote’s kindred, but a different charafter. Smollett’s de¬
fign was not to expofe hin#to ridicule, but rather to
recommend him to our pity and admiration. He has
therefore given him youth, ftrength, and beauty, as
well as courage and dignity of mind j has mounted him
on a generous fteed, and arrayed him in an elegant fuit
of armour. Yet, that the hiftory might have a comic
air, he has been careful to contrail and conneft Sir
4 D Launcelot
L A U r 5/8 ]
a fquire and other affbciates of very rough
Launref-on.
L'aughter Launcelot with
diffimilar tempers and circumftances.
“ What has been faid of the caufe of laughter does
not amount to an exadl defcription, far lefs to a logi¬
cal definition : there being innumerable combinations
of congruity and inconfiflency, of relation and contra¬
riety, of likenefs and diOimilitude, which are not lu¬
dicrous at all. If we could afcertain the peculiarities
of thefe, we fhould be able to charafterife with more
accuracy the general nature of ludicrous combination.
Eut before we proceed to this, it would be proper to
evince, that of the prefent theory thus much at lead, is
true, that though every incongiuous combination is not
ludicrous, every ludicrous combination is incongruous.
“ It is only by a detail of faffs or examples that
any theory of this fort can be either eftablifhed or
overthrown. By fuch a detail, the foregoing theories
have been, or may be, fhown to be ill founded, or not
fufficiently comprehenfive. A Angle inftance of a
laughable objeff, which neither unites, nor is fuppored
to unite, incongruous ideas, would likewife fhow the
infufficiency of the prefent; nor will I undertake to
prove (for indeed I cannot), that no fuch inftance
can be given. A complete enumeration of ludicrous
objects it would be in vain to attempt: and therefore
we can never hope to afcertain, beyond the poflibilxty
of doubt, that common quality which belongs to all
ludicrous ideas that are, or have been, or may be, ima¬
gined. All that can be done in a cafe of this kind is
to prove by a variety of examples, that the theory now
propofed is more comprehenfive, and better founded,
.than any of the foregoing.” This our author after¬
wards fhows at full length ; but as the variety of ex¬
amples adduced by him would take up too much room
to be inferted here, and as every reader muft be capable
of adducing numberlefs inflances of ludicrous cafes to
himfelf, we {hall content ourfelves with the above ex¬
planation of the different theories of laughter, referring
thofe who defire further fallsfaftion to the treatife al¬
ready quoted.
LAVINGTON East, a town of Wilts, four miles
fouth of the Devizes, and 89 miles from London. It
is called in our hiftories Stepult Lavington : but now
Cheaplng or Market Lavington on account of its mar¬
kets, which are on Monday and Wednefday, the laft
a great corn market. It is fuppofed to have been a
market town above 2CO years. Here is a charity
1'chool for 36 children, who have books given them,
and the girls are taught to knit and few.
LAVINIUM, in JIncient Geography, a town of La-
tium, fix miles to the eaft of Laurentum, according to
an ancient map ; fo named from Lavinia, confort of
./Eneas, and daughter of King Latinus, and built by
the Trojans. The firft town of Roman original in La-
tium, and the feat of the Dii Penates, (Livy) : fituated
near the river Numicus, or Numicius; between which
and the Tiber /Eneas landed, according to Virgil.
Holftenius fuppofes the town to have flood on an emi¬
nence, now called il Mcnte'f'e Levano.
LAUNCE. See Lance.
LAUNCESTON, a town of Cornwall in Eng¬
land, feated on the river Tamar, 214 miles from
London. It is alfoi called Dunhi-vid, from its fitua-
tion on a down. King Henry III. made it a free
borough. It was compofed before of two other bo-
L A V
viz. Dunhivid and Newport. It lias been the
place for choofing knights of the fhire ever fince the
reign of King Edward I. and the affixes town ever _
fince Richard II. till by a late a6t of parliament the
lord chancellor or lord keeper was empowered to name
any other place in the county for it ; fince which the
fummer aflizes have been held at Bodmin. It was in¬
corporated by Queen Mary in 1555:. It is governed
by a mayor, recorder, and eight aldermen, has a free
fchool which was founded by Queen Elizabeth, and is
a populous trading town. In the 3 2d of Henry VIII.
an aid was made for the repair of this and other de¬
cayed Cornifti boroughs ; and it endowed this town
with the privileges of a fantluary, though it does not
appear to have uied them. It had a monaftery and a
noble caftle, which, becaufe of its ftrength, was called
caJUe terrible, and was given by King Richard I. to
his brother, afterwards King John. Here are two
charity fchools for 48 children of both fexes, where
the girls are taught to knit, few, and make bonelace,
and are allowed what they can earn. Leland fays it
was walled in his time, and one mile in compafs.
The lower part of its ancient cafile is ufed for the gaol.
LAUNCH, in the fea language, fignifijs to put
out: as, Launch the Jhip, that is, Put her out of dock :
launch aft, or forward, fpeaking of things that are
flowed in the hold, is Put them more forward 5 launch
hoi is a term ufed when a yard is hoifted high enough,
and fignifies hoifl no more. See alfo Lanch.
L AUNDER, \w Mineralogy, a name given in De-
vonfhire, and other places, to a long and (hallow trough,
which receives the powdered ore after it comes out of
the box or coffer, which is a fort of mortar, in which it
is powdered with iron peftles. The powdered ore,
which is wafhed into the launder by the water from the
coffer, is always fineft: neareft the grate, and coarfer all
the way down.
LAVOISIER, Antoine Laurent, a celebrated-
chemical philofopher, was born at Paris on the 26th
of Auguft 1743. His father being a man of opu¬
lent circumftances, fpared no coft on the education
of his fon, who foon gave a decided preference to
the phyfical fciences. An extraordinary premium ha¬
ving been offered by the French government in the
year 1764, for the belt and moft economical me¬
thod of lighting the ffreets of an extenfive city, our
author, although at that time only 21 years of age,
gained the gold medal 5 and his excellent memoir was
publifhed by the academy, of which he became a mem¬
ber on the 13th of May 1768. His attention was al¬
ternately occupied with the pretended converfion of
water into earth, the analyfis of the gypfum found in the
vicinity of Patis, the congelation of water, the pheno¬
mena of thunder, and the aurora borealis.
By undertaking journeys with Guettard into every
province of France, he xvas enabled to procure an im-
menfe variety of materials for a defcription of the mi-
neralogical kingdom, ferving as the foundation of a
great work on the revolutions of the globe, two ad¬
mirable fketches of which are to be feen in the memoirs
of the French academy for 1772 and 1787. His
whole time and fortune \yere dedicated to the cultiva¬
tion of the fciences, nor did he feem more attached to
one than to another, till an interefling event decided
his choice in favour of chemiftry. Tire difeovery of
gafes
Launch
(1
Lavoifur.
LAV
[X 579 1
LAV
Lavoifier. gafes was juft made known to the learned world, by
Elack, Prieftley, Scheele, Cavendilli, and Macbride,
which appeared like a new creation.
About the year 1770, Lavoifier was fo firuck with
the grandeur and importance cf the difcovery, that he
turned all his attention to this fountain of truths, per¬
ceiving the powerful influence which this new fcience
would have over every phyfical refearch. He was in-
fpired with the true fpirit of indu<3ive philofophy, and
all las experiments had a direct reference to general 1
views. He publilhed his chemical opufcules in the year
1774, containing a hiftory of whatever had been done
before refpecting the gafcs, and concluding with his
own grand and interefting experiments. He demon-
flrated that metals, in calcination, derive their increafed
weight from the abforption of air, of which he after¬
wards proved that nitrous acid is compoled. His che¬
mical ingenuity was now fo well knowrn, that Turgot
employed him in 1776 to infpeft the manufacture of
gunpowder, which he made to carry 1 20 toifesinftead of
90. In the year 1778 he difeovered that all acids con¬
tain the refpirable portion of the atmofphere as a con-
ftituent principle, and to this he gave the name of oxygen.
This was the fir A grand ftep towards the ne^v chemiflry,
which was fully completed by his confirming the dif-
’ eovery of the compofition of water, alcertained ih 1783.
His Elements of ChemiAry wrere publuhed in I7^9>
which is a beautiful model of feientific compofition,
elegant, clear, and logical. His celebrated fyltem was
almoA univerfally adopted in a very few years, fo full
was the conviction it carried along with it to every can¬
did, reflecting mind. The laA of Lavoifier’s philofo-
phical works was on the perlpiration of animals, firA
read to the academy on the 4th of May I 791 • By a
number of the niceA experiments, he found that a man
in one day perfpires 45 ounces •,
ounces of vital air, or oxygen )
carbonic acid gas are difeharged
the weight of water difqharged
ounces, compofed of -3 of hydrogen and 20 of oxygen,
which intereAing difeoveries he direCled to the improve¬
ment of rriedicine.
There are no fewer than 40 memoirs of Lavoifier in
the volumes of the Academy of Sciences from 1772 to
1793, full of the grand phenomena of the fcience j fuch
as the analyfis of atmofpherical air, the formation of
elafiic fiuids, the properties of the matter of heat, the
compofition of acids, the decompofition of water, &c.
&c . To the fciences, arts, and manufaClures, he
rendered the moA elTential fervices, both in a public
and private capacity. After Buffon and Tillet, he was
treafurer to the academy, into the accounts of which
he introduced both economy and order. He was con-
iidted by the national convention as to the moA eligi¬
ble means of improving the manufacture of affignats,
and of augmenting the difficulties of forging them.
He turned Ids attention alfo to political economy, and
between 1778 and 1785, he allowed 240 arpents in
the Vendomois to experimental agriculture, and increai-
ed the ordinary produce by one-half. In X79L ^,e
ConAituent afiembly invited him to draw up a plan for
rendering mote Ample the colleCHon of the taxes, w hich
produced an excellent report, printed under the title of
Territorial Riches of France.
While the horrors of Robefpierre’s ufurpation con-
Laureale.
that he confumes 33
that 8 cubic feet of
from his lungs ; that
from the lungs is 23
tinued, he ufed to obferve to Lalande that he forefaw Lavmfier
he would be' deprived of all his property, but that he
was extremely willing to work for his fubfifience ; and
it is fuppofed that he meant to purfue the profeffion of
apothecary, as moA congenial to his Audies. But the
unrelenting tyrant had already fixed his doom. He fuf-
fered on the fcaflFold with 28 farmers-general on the 8th
of May 1794, for no other crime but bepaufe he was
opulent. A paper was prefent to the tribunal, drawn up
ay Citizen Halle, containing a defeription oi the works,
and a recapitulation of the mei its, of Lavoifier, fufficient
to make an impreffion on the moA obdurate heart •, but
it was net even read by thefe men, who were the
blind, ftupid, and ferocious inAruments of cruelty and
death.
A man fo rare and fo extraordinary ought to have
enjoyed the relpeft of the moA ignorant, and even the
moA wdeked. To produce the contrary, it was necef-
fary that power Aiould fall into the hands of a tyrant
who refpcdled none, and whofe blind and fanguinary
ambition facrificed every thing to the defire of pleafing
the people.
Lavoifier was tall, and poffefled a countenance full
of benignity, through which his genius Aione confpi-
cuous. As to his charadler, it wms mild, humane, foci-
able, obliging j and he difeovered an incredible degree
of adlivity. hie had great influence on account of his
credit, fortune, reputation, and his office in the trea-
fury • but all the ufe he made of it w^as to do good :
yet this did not prevent jealcufy on the part of others.
In 1771 he married Marie-Anna-Pierette Paulze, the
daughter of a farmer-general, whofe excellent accom-
pliffiments formed the delight of his life, vrho affified
him in his labours, and even drew the figures for his
laA work. She had the misfortune to behold her fa¬
ther, huAiand, and intimate friends, aflaffinated in one
day : fhe was herfelf imprifoned, and even menaced
with a fimilar fate 5 but the unffiaken fortitude of her
mind made her rife fuperior to the horrors of her con¬
dition. We learn that flie has fince given her hand to
the celebrated Count Rumford.
LAURA, in church hiflory, a name given to a col-
leflion of little cells at fome difiance from each other,
in which the hermits in ancient times lived together in
a wildernefs.
Thefe hermits did not live in community, but each
monk provided for himfelf in his difiinfi cell. The
moA celebrated lauras mentioned in ecclefiaAical hi-
Aory v/ei'e in PaleAine : as the laura of St Euthy-
mus, at four or five leagues diAance from Jerufalem \
the laura of St Saba, near the brook Cedron ; the lau¬
ra of the Towers, near the river Jordan, &.c.
Poet LAUREATE, an officer of the houfehold
of the kings of Britain, whofe bufinefs confiAs only in
compofing an ode annually on his majeAy’s birth day,
and on the new year •, fometimes alfo, though rarely,
on occafion of any remarkable victory.—Of the firit
inAitution of poets laureat, Mr Wharton has given
the following account in^ his hiAory of Engliffi poetry.
“ Great confufion has entered into this fubjecl, on
account of the degrees in grammar, which included
rhetoric and verfification, anciently taken in our unx-
verfities, particularly at Oxford : on which occafion,
a wreath of laurel was prefented to the new graduate,
who was afterwards ufuaily Ayled Foeta Laureatus.
4 D 2 Thefe
LAO [ 580 ] L A U
Laureate. Tliefe icholaftic laurcations, however, feem to have
' k given rife to the appellation in queftion. I will give
home inftances at Oxford, which at the fame time will
explain the nature of the ftudies for which our acade¬
mical philologiils received their rewards. About the
year 1470, one John Watfon, a ftudent in grammar,
obtained a conceflion to be graduated and laureated in
that fcience ; on condition that he compofed one hun¬
dred Latin verfes in praife of the univerfity, and a La¬
tin comedy. Another grammarian wras dillinguilhed
wdth the fame badge, after having ftipulated, that at
the next public a£l, he would affix the fame number
of hexameters on the great gates of St Mary’s church,
that they might be feen by the whole univerfity. This
was at that period the moft convenient mode of publi¬
cation. About the fame time, one Maurice Byrchen-
faw, a fcholar in rhetoric, fupplicated to be admitted
to read leisures, that is, to take a degree in that fa¬
culty ; and his petition wras granted, with a provifion,
that he Ihould write one hundred verfes on the glory
of the univerfity, and not fuffer Ovid’s Art of Love,
and the Elegies of Pamphilus, to be ftudied in audi¬
tory. Not long afterwards, one John Bulman, ano¬
ther rhetorician, having complied with the terms im-
pofed, of explaining the firlt book of Tully’s Offices,
3nd likewife the firft of his Epiftles, wuthout any pe¬
cuniary emolument, w’as graduated in rhetoric ; and a
crown of laurel was publicly placed on his head by the
hands of the chancellor of the univerfity. About the
year 1489, Skelton was laureated at Oxford, and in
the year 1493 wTas permitted to wear his laurel at
Cambridge. Robert Whittington affords the laft in-
ftance of a rhetorical degree at Oxford. He was a fe-
cular prieft, and eminent for his various treatifes in
grammar, and for his facility in Latin poetry : having
exercifed his art many years, and fubmitting to the
cuilomary demand of a hundred verfes, he wras honour¬
ed with the laurel in the year 1512.
“ With regard to the poet laureate of the kings of
England, he is undoubtedly the fame that is ftyled the
king's ver/ifor, and to whom 100 shillings were paid as
his annual llipend in the year 1251. But when or
how that title commenced, and wffiether this officer
was ever folemnly crowned with laurel at his firfi invef-
titure, I will not pretend to determine, a her the
fearches of the learned Selden on this queition have
proved unfuccefsful. It feems moft probable, that the
barbarous and inglorious name of versifier gradually
gave way to an appellation of more elegance and dig¬
nity : or rather that at length thofe only were in
general invited to this appointment, who had received
academical fandlion, and had merited a crown of lau-
sel in the univerljties for their abilities in Latin com-
polition, oarticularly Latin verfification. Thus the
king's laureate was nothing more than ‘ a graduated
rhetorician employed in the fervice of the king.’ That
he originally wrote in Latin, appears from the ancient
title versifcator: and may be moreover collected from
the two Latin poems, whicl^ Bafton and Gulielmus,
who appear to have refipeftively a fled in the capacity
of royal poets to Richard I. and Edward II. officially
eompofed on Richard’s crufade, and Edward’s fiege of
Striveling caftle.
“ Andrew Bernard, fucceffively poet laureate of
Henry YI1. and Vill, affords a ftill Itronger proof
that this officer was a Latin fcholar. He was a ha- Laurfl
tive of Thouloufe, and an Auguftine monk. He was ^ ii t.
not only the king’s poet laureate, as it is fuppofed, ' 1 ^ .
but his hiftonographer, and preceptor in grammar to
Prince Arthur. He obtained many ecclefiaftical pre¬
ferments in England. All the pieces now to be found,
which he wrote in the charafler of poet laureate, are
in Latin. Thefe are, An Addrefs to Henry VIII. for
the moft aufpicious beginning of the loth year of his
reign, with an Epithalamium on the marriage of Francis
the dauphin of France with the king’s daughter A
New Year’s Gift for the year 15155 and, Verfes wiih-
ing profperity to his majefty’s 13th year. He has left
fome Latin hymns 5 and many ot his Latin profe pieces,
which he wrote in the quality of hiftoriographer to both
monarchs, are remaining.
“ I am of opinion, that it was not cuftomary for
the royal laureate to write in Englilh, till the reforma:
tion of religion had begun to diminiffi the veneration
for the Latin language 5 or, rather, till the love of
novelty, and a better fenfe of things, had banifhed the
narrow1 pedantries of monaftic erudition, and taught us
to cultivate our native tongue.”
LAUREL. See Prunus and Laurus, Botant
Index.
Laurels, pieces of gold coined in the year 1619,
with the king’s head laureated, which gave them the
name of laurels ; the 20s. pieces whereof were marked
with XX. the 1 os. X. and the 5s. pieces w-ith V.
LAURENS Castra. See Laurentum.
LAURENT ALIA, or Larentalia, called alfo
Larentinalia, Laurentales, and Larentales, feafts cele¬
brated among the Romans on the 10th of the kalends
of January, or 23d of December, in memory of Acca
Laurentia, wife of the ftiepherd Fauftulus, and nmfe of
Romulus and Remus.
Acca Laurentia, from whom the folemnity took its
name, is reprefented as no lefs remarkable for the beau¬
ty of her perfon, than her lalcivioufnefs j on account
of which (he was nick-named by her neighbours Ivpa,
“ (lie wmlf 5” which is faid to have given rile to the
tradition of Romulus and Remus being fuckled by a
wolf. She afterwards married a very rich man, who
brought her great wealth, which, at her death, fhe left
to the Roman people ; in coniideration whereof they
performed to her thefe honours 5 though others repre-
fent the feaft as held in honour of Jupiter Latiaris,
See Larentinalia and Lares.
LAURENTIUS, one of the firft printers, and,
according to fome, the inventor of the art, was born
at Haerlem about the year 1370, and executed feveral
departments of magiftracy of that city. Thofe wTrit-
ers are miftaken who affign to him the furname of
Cojler, or affert that the office of aedituus was heredi¬
tary in his family. In a diploma of Albert of Bava¬
ria in 1380, in which, among other citizens of Haer¬
lem, our Laurentius’s father is mentioned by the name
of Joannes Laurentiifilius, Beroldus is called ccdituus,
who was furely of another family 5 and in 1396 and
1398 Henricus a Lunen enjoyed that office 5 after
whole refignation, Count Albert conferring on the ci¬
tizens the privilege of elefling their aedituus, they,
probably foon after, fixed on Laurentius : who was
afterwards called Gofer from his office, and not from
bis family name, as he was defcended from an illegiti¬
mate
L A U [ 581 ] L A U
Laurent'uMnate branch of the Gens Brederodia. His oflice was
Lauren- very lucrative j and that he was a man of great proper-
ty} tlie elegance of his houfe may teftify. That he was
' v the inventor of printing, is afferted in the narrative of
Junius. His firft work was an Horariutn, containing
the Letters of the Alphabet, the Lord’s Prayer, the
ApolUes Creed, and two or three (hort Prayers; the
next was the Speculum Salutis, in which he introduced
pictures on wooden blocks; then Donatus, the larger
fize ; and afterwards the fame work in a lefs fize. All
thefe w'ere printed on feparate moveable wooden types
fattened together by threads. If it be thought im¬
probable, that fo ingenious a man Ihould have proceed¬
ed no farther than the invention of wooden types; it
may be anfwered, that he printed for profit, not for
fame ; and wooden types were not only at that time
made fooner and cheaper than metal could be, but
were fufficiently durable for the fnaall impreffions of
each book he muft neceffarily have printed.— H s prefs
was nearly (haped like the common wine-preffes.—He
printed fome copies of all his books both oh paper and
vellum.—It has been very erroneoufiy fuppoied, that
he quitted the profeffion, and died broken hearted :
but it is certain, that he did not live to fee the art
brought to per fed! ion.—He died in 1 440, agf d 70 ;
and was fucceeded either by his fon-in law Thomas
Peter, who married his only daughter Lucia; or by
their immediate defcendants, Peter, Andrew and Iho-
mas; who were old enough (even if their father was
dead, as it is likely he was) to condudl the bufinefs,
the eldeit being at leaf! 22 or 23. What books they
printed it is not eafy to determine ; they having, after
the example of Laurentius (more anxious for profit
than for fame), neither added to their books their
names, the place where they were printed, nor the date
of the vear. Their firft effays were new editions of Do¬
natus and the Speculum. They afterwards reprinted
the latter, with a Latin tranflation, in which they ufed
their grandrather’s wooden pidtures : and printed the
book partly on wooden blocks, partly on wooden feparate
types, recording to Mr Meerman, who has given an
exadl engraving of each fort, taken from different parts
of the fame book, which was publiihed between the
years 1442 and X450. Nor did they flop here; they
continued to print feveral editions of the Speculum,
both in Latin and in Dutch ; and many other works,
particularly << Hiiloria Alexandri Magni ;” 44 Flavii
Vedatii [for Vegetii\ Renati Epitome de Re Militari
and * Opera varia a Thomas Kempis.” Of each of
thefe Mr Meerman has given an engraved fpecimen.
They were all printed with feparate wooden types ; and,
bv their oreat neatnefs, are a proof that the defcendants
of Laurentius were induftrious in improving his inven¬
tion. Kempis was printed at Haerlem in 1472, and
was the laft known work of Laurentius’s defcendants,
who foon after difpofed of all their materials, and pro¬
bably quitted the employment ; as the ufe oifiifil types
wa^ about that time univerfally diffufed through Hol¬
land by the fettling of Martens at Aloft, where he pur-
fued the art with reputation for upwards of 60 years.
See {Hi/lory of) Printing.
L A UR ENTIUM, or Laurens Castra, in in¬
dent Geography, a town of Latium, fuppofed to be
the roval refidence of thofe moft ancient kings Latinus,
Pious/ and Faunus, (Virgil). Hither the emperor
Commodus retired during a peftilence. Its name was, Lauro
from an adjoining grove ol bay trees, midway between ^ ^
Oftia and Antium. Suppofed to have flood in the au ^nne'
place now called San Lorenxo ; which feems to be con¬
firmed from the Via Laurentina leading to Rome.
LAURO, Philippo, a celebrated painter, was born
at Rome in 1623. He learned the firft rudiments of
the art from his father Balthafar, who was himfelf a
good painter. He afterw-ards ftpdied under Angelo
Carofello, his brother-in law ; and proved fo great a
proficient, that in a fhort time he far furpaffed his tutor
in defign, colouring, and elegance of tafte. He applied
himfelf to painting hiftorical fubjects in a Imall fize,
enriching the back grounds wdth lively landfcapes, that
afforded the eye and the judgement equal entertain¬
ment ; but though his fmall paintings are beft approved,
he finifhed feveral grand compofitions for altar pieces
that wrere highly efteemed, He died in 1694 ; and his
wmiks are eagerly bought up at high prices all over
Europe.
Lauro, or Lauron, in Ancient Geography, a town of
the Hither Spain, where Cn. Pompeius, fon of Pompey
the Great, w'as defeated and fiain. Now Lorigne, five
leagues to the north of Liria in Valencia.
LAURUS, the bay tree, a genus of plants be¬
longing to the enneandria clafs ; and in the natural
method ranking under the 1 2th order, Holoracece. See
Botany Index.
LA US, or Laos, in Ancient Geography, a river of
Italy, feparating Lucania from the Bruttii, and run¬
ning from eatl to weft into the Tufcan fea ; with a cog-
nominal bay, and a town, the laft of Lucania, a lit¬
tle above the fea ; a colony from Sybaris, according
to Strabo, Piiny, and Stephanus. Both towm and
river are now called Laino, in the Calabria Citra ; and
the bay called Golfo della Scalea, or di Policajlro, two
adjoining towns, is a part of the Tufcan fea, extending
between the promontory Palinurus and the mouth of
the Laus.
Lsius Pompeia, in Ancient Geography, a towm of
Infubria, fituated to the eaft of Milan, between the
rivers Addua and Lamber. A town built by the Boii
after their pafling the Alps : its ancient Gaulic name
is unknowm. Strabo Pompeius, father of Pompey,
leading thither a colony, gave it a new name, and con¬
ferred the fus Latii on the ancient inhabitants who re¬
mained there. The modern Lodi is built from its
ruins, at fome diftance off. E. Long. 10. 15. N. Lat.
45. 22.
LAUSANNE, a large, ancient, and handfome
town of Switzerland, capital of the country of Vaud,
and in the canton of Berne, with a famous college and
biftiop’s fee. The townhoufe and the other public build¬
ings are magnificent. It is feated between three hills
near the lake of Geneva, in E. Long. 6. 35. N. Lat. 46.
30.—The town Hands on an afeent, fo fteep that in fome
places the horfes cannot draw up a carriage without,
great difficulty, and foot paffengers afeend to the up¬
per parts of the town by fteps. Here is an academy
for the ftudents of the country ; the profeffors are ap¬
pointed by government; and there is a pretty good pub¬
lic library. The church, formerly the cathedral, is a
magnificent Gothic building, Handing on the moft ele¬
vated part of the town. Among other fepulchres it.
contains that of Anjadasus VIII. duke of Savoy, ftyled^
the
L A U
Laufanne. fhe Solomon of fiis age ; heft known by the title of
L~’_'v jlniipopc Felix V. who exhibited the Angular example
of a man twice abdicating the fovereignty, and retir¬
ing from regal pomp to a private ftation.
The fame year that the country named Fai/s de Vatid
was conquered from the houfe of Savoy, the inhabi¬
tants of Laufanne put themlelves under the profedion
of the canton of Berne, their bithop having retired
Jrom the town. At that time its privileges were con-
Armed and augmented, and it is ftill governed by its
own magillrates. The citizens of the principal flreet
have the privilege of pronouncing fentence in criminal
cafes. If the criminal is found, and acknowledges
himfelf guilty, the burghers of the flreet affemble ; one
of the magiftrates pleads in his behalf, and another
againft him *, the court of juftice give their opinion
upon the point of law ; and the majority of citizens
poflefiing houfes in the principal ftreet, determine the
penalty. In capital cafes there is no pardon, accord-
L A V
ing to the letter of the law, unlefs it can be obtained, Lavoii.
within 24 hours from the fovereign council of Berne, “ v~““
though it generally happens that eight days are allow¬
ed for this purpofe. When the criminal is feized
within the jurifdidion of the town, the fad is tried,
and the burghers pronounce fentence, from which there
is no appeal •, but if he happens to be taken in the di-
llrid of the bailiff, there is an appeal to the government
of Berne.
LAVORI, Terra DP, a province of Italy, in the
kingdom of Naples, bounded on the weft by the Cam-
pagna di Roma, and by Farther Abruzzo ; ,on the
north by the Hither Abruzzo, and by the county of
Moliffa ; on the eaft by Principata Ultra } and on
the fouth by the Principata Citra. It is about 63
miles in length and 35 in breadth; and is fertile in
corn, excellent vines, and other fruits. There are alio
feveral mineral fprings and mines of fulphur. Naples i
the capital town.
r 582 ]
L A W.
PART I. OF THE NATURE OF LAWS IN GENERAL.
Definition; T AW, in its moft general and comprehenfive fenfe,
.General, < ftgnifies a rule of adion ; and is applied indiferi-
3IK* minately to all kinds of adion, whether animate or in¬
animate, rational or irrational. Thus we fay, the laws
of motion, of gravitation, of optics, of mechanics, as
well as the laws of nature and of nations. And it is
that rule of adion which is preferibed by fome fupe-
rior, and which the inferior is bound to obey.
Thus when the Supreme Being formed the univerfe,
and created matter out of nothing, he impreffed cer¬
tain principles upon that matter, from which it can
never depart, and without which it would ceafe to be.
When he put that matter into motion, he eftablifhed
certain law’s of motion, to which all moveable bodies
muft conform. And, to defeend from the greateft
operations to the fmalleft, when a workman, forms a
clock, or other piece- of mechanifm, he eftablilhes at
his own pleafure certain arbitrary laws for its diredion ;
as, that the hand (hall deferibe a given fpace in a given
time ; to which law as long as the work conforms, fo
long it continues in perfedion, and anfwers the end of
its formation.
If we farther advance, from mere inadive matter
to vegetable and animal life, we lliall find them ftill
governed by laws ; more numerous indeed, but equally
fixed and invariable. The whole progrefs of plants,
from the feed to the root, and from thence to the feed
again ; the method of animal nutrition, digeftion, fe-
cretion, and all other branches of vital economy ;—
are not left to chance, or the will of the creature it-
felf, but are performed in a wondrous involuntary
manner, and guided by unerring rules laid down by
tho great Creator.
This then is the general fignification of law, a rufe
of adion didated by fome fuperior being and, in
thofe creatures that have neither the power to think
2
nor to will, fuch laws muft be invariably obeyed, fo
long as the creature itfelf fubfifts; for its exiftence de¬
pends on that obedience. But laws, in their more
confined fenfe, and in which it is our prefent buiinefs
to confider them, denote the rules, not of adion in ge- 2
neral, but of human adion or condud : that is, the particular,
precepts by which man, the nobleft of all fublunary
beings, a creature endowed with both reafon and free
will, is commanded to make ufe of thofe faculties in
the general regulation of his behaviour.
Man, confidered as a creature, muft neceflarily be
fubjed: to the laws of his Creator, for he is entirely a
dependent being. A being, independent of any other,
had no rule to purfue but fuch as he preferibes to him¬
felf J but a date of dependance will inevitably oblige
the inferior to take the will of him on whom he de¬
pends as the rule of his condud: ; not indeed in every
particular, but in all thofe points wherein his depend¬
ance confifts. This principle therefore has more or
lefs extent and effect, in proportion as the fuperlority
of the one and the dependance of the other is greater
or lefs, abfolute or limited. And confequently, as man
depends abfolutely upon his Maker for every thing, it
is neceffary that he ihould in all points conform to his
Maker’s will.
This will of his Maker is called the law of nature. Law
For as God, when he created matter, and endued it nature,
with a principle of mobility, eftablilhed certain rules
for the perpetual diredion of that motion; fo, when
he created man, and endued him with free will to con¬
dud himfelf in all parts of life, he laid down certain
immutable laws of human nature, whereby that free
will is in fome degree regulated and reftrained, and
gave him alio the faculty of reafon to difeover the pur¬
port of thofe laws.
Confidering the Creator only as a being of infinite
power,
Part T.
L A W.
of Laws power, he was able unquefilonably to have preferibed
in general, whatever laws he pleafed to his creature man, how-
ever unjuft or fevere. But as he is alfo a Being of in¬
finite wifdom, he has laid down only fuch laws as were
founded in thofe relations of juftice, that exifted in the
nature of things antecedent to any pofitive precept.
Thefe are the eternal immutable laws of good and evil,
to which the Creator himfelf in all his difpenfations con¬
forms ; and which he has enabled human reafon to dif-
dover, fo far as they are neceffary for the condufl of
human aflions. Such, among others, are thefe prin¬
ciples : That we ihould live honeftly, fticuld hurt no¬
body, and ihould render to every one his due 5 to which
three general precepts Juftinian has reduced the whole
doctrine of law.
But if the difeovery of thefe firft principles of the
law of nature depended only upon the due exertion of
right reafon, and could not otherwife be obtained than
by a chain of metaphyftcal difquifitions, mankind would/
have wanted fome inducement to have quickened their
inquiries, and the greater part of the world would have
refted content in mental indolence, and ignorance its
infeparable companion. As therefore the Creator is a
being, not only of infinite power and wifdom, but al¬
fo of infinite goodnefs, he has been pleafed fo to con¬
trive the conftitution and frame of humanity, that we
fhould want no other prompter to inquire after and
purfue the rule of right, but only our own felf-love,
that univerfal principle of adlkm. For he has fo inti¬
mately connefted, fo infeparably interwoven, the laws
of eternal juftice with the happinefs of each individual,
that the latter cannot be attained but by obferving the
former ; and if the former be punctually obeyed, it
cannot but induce the latter. In confequence of which
mutual connexion of juftice and human felicity, he has
not perplexed the law' of nature with a multitude of
nbftracted rules and precepts, referring merely to the
fitnefs or unfitnefs of things, as fome have vainly fur-
miled ; but has gracioully reduced the rule of obedience
to this one paternal precept, “ that man fhould pur¬
fue his own happinefs.” This is the foundation of
what we call ethics, or natural law *. For the feveral
articles into which it is branched in our fyftems a-
mount to no more than demonftrating, that this or that
aCfion tends to man’s real happinefs, and therefore
very juftly concluding, that the performance of it is a
part of the law of nature ; or, on the other hand,
that this or that aCHon is deftruClive of man’s real
happinefs, and therefore that the law of nature forbids
it.
This law of nature, being coeval with mankind, and
dictated by God himfelf, is of courfe fuperior in ob¬
ligation to any other. It is binding over all the globe,
in all countries, and at all times : no human laws are
of any validity, if contrary to this, and fuch of them
as are valid derive all their force, and all their autho¬
rity, mediately or immediately, from this original.
Bpt in order to apply this to the particular exigen¬
cies of each individual, it is ftill necelfary to have re-
courfe to reafon : w'hofe office it is to difeover, as was
beiore obferved, what the law' of nature directs in every
circumftance of life, by confidering, what method
will tend the moft effecfually to our own fubftantial
happinefs. And if our reafon were always, as in our
firft anceftor before his tranfgreffion, clear and perfect,
583
Of Laws
in general.
*■' See Mo-
rality.
unruffled by paffions, unclouded by prejudice, umm
paired by difeafe or intemperance, the talk w'ould bt
pleafant and eafy ; we Ihould need no other guide but' v“—^
tins. But every man now finds the contrary in his own
experience 5 that his reafon is corrupt, and his under-
itanding full of ignorance and error.
J his has given manifold occalion for the benign in-
terpofition of Divine Providence ; which, in compaffion
to the frailty, the imperfedHon, and the blindnefs of
human reafon, hath been pleafed, at fundry times and
in divers manners, to difeover and enforce its laws by 4
an immediate and diredl revelation. The dodlrines Law of Re*
thus delivered, we call the revealed or divine law, and''2131’011,
they are to be found only in the Holy Scriptures. Thefe '
precepts, when revealed, are found upon comparifon
to be really a part of the original law of nature, as
they tend in all their confequences to man’s felicity.
But we are not from thence to conclude, that the know¬
ledge of thefe truths was attainable by reafon in its
prefent corrupted ftate ; fince we find, that, until they
were revealed, they were hid from the wifdom of ages.
As then the moral precepts of this law' are indeed of
the fame original with thofe of the law' of nature, fo
their intrinfic obligation is of equal ftrength and per¬
petuity. Yet undoubtedly the revealed law is of infi¬
nitely more authenticity than that moral fyftem which
is framed by ethical writers, and denominated the na¬
tural law : becaufe one is the law of nature, exprefsly
declared fo to be by God himfelf; the other is only
what, by the affiftance of human reafon, we imagine
to be that law. If w'e could be as certain of the lat¬
ter as we are of the former, both would have an equal
authority : but till then they can never be put in any
competition together.
Upon thefe two foundations, the law' of nature and
the law of revelation, depend all human laws ; that is
to fay, no human laws Ihould be fuffered to contradift
thefe. There are, it is true, a great number of indif¬
ferent points, in W'hich both the divine law' and the
natural leave a man at his own liberty ; but which are
found neceffary, for the benefit of fociety, t# be reftrain-
ed within certain limits. And herein it is that human
laws have their greatetl force and efficacy : for, with
regard to fuch points as are not indifferent, human law's
are only declaratory of; and aft in fubordination to,
the former, loinftancein the cafe of murder: this
is exprefsly forbidden by the divine, and demonftrably
by the natural, law j and from thefe prohibitions arifes
the true unlawfulnefs of this crime. Thofe human laws
that annex a punilhment to it, do not at all increafe its
moral guilt, or fuperadd any frelh obligation in foro
confcientice to abftain from its perpetration. Nay, if
any human law fflould allow or enjoin us to commit it,
we are bound to tranfgrefs that human law, or elfe we
muft offend both the natural and the divine. But with
regard to matters that are in themfelves indifferent, and
are not commanded or forbidden by thofe fuperior laws;
fuch, for inflance, as exporting of wool into foreign
countries 5 here the inferior legiflature has fcope and
opportunity to interpofe, and to make that aftion un-
lawfful w'hich before w'ns not fo.
If man were to live in a Hate of nature, unconnefted
with other individuals, there would be no occafion for
any other law's than the law of nature and the law
of God. Neither could any other law poffibly exift :
foi
l^aw of na¬
tions.
Municipal
or civil
law.
7
Defined.
Its fir ft pro¬
perty.
L A
for a raw always fuppofes fome fupenor vvno is to make
it •, and in a (late of nature we are all equal, without
any other fuperior but him who is the Author of our
bemg. But man was formed for fociety •, and, as is
demonftrated by the writers on this fubjeft, is neither
capable of living alone, nor indeed has the courage to
do it. However, as it is impoflible for the whole race
of mankind to be united in one great fociety, they mult
neceflarily divide into many j and form feparate dates,
commonwealths, and nations, entirely independent of
each other, and yet liable to a mutual intercourie.
Hence arifes a third kind of law to regulate this mu¬
tual intercourfe, called t/ie /aw of nations : which, as
none of thefe dates wdll acknowledge a fuperiority in
the other, cannot be diclated by either •, but depends
entirely upon the rules of natural law, or upon mutual
compafts, treaties, leagues, and agreements, between
thefe feveral communities : in the conftru6Hon alfo of
which compafls we have no other rule to refort to but
the law of nature ; being the only one to which both
communities are equally fubjedt : and therefore the
civil law very judly obferves, that quod naturalis ratio
inter omnes homines conjlituit, 'uocatur jus gentium.
To the confideration, then, of the law of nature,
the revealed law, and' the law of nations, fucceeds
that of the municipal or civil law ; that is, the rule by
which particular didridls, communities, or iiations, are
governed ; being thus defined by Judinian, “ jus ci¬
vile ejl quod quifque fibi populus conf ituit. We call it
municipal\wn, in compliance wfith common fpeech 5 for
though, dridlly, that expredion denotes the particular
cudoms of one dngle municipium or free towm, yet it
may with fufficient propriety be applied to any one
date or nation which is governed by the fame laws and
cudoms.
Municipal law, thus underdood, is properly defined
to be “ a rule of civil condudl prefcribed by the fu-
preme power in a date, commanding what is right, and
prohibiting what is wTrong.” Let us endeavour to ex¬
plain its feveral properties, as they arife out of this
definition.
And, fird, it is a rule: not a tranfient fudden or¬
der from a fuperior to or concerning a particular per-
fon \ but fomething permanent, uniform, and univerfal.
Therefore a particular aft of the legiflature to confif-
cate the goods of Titius, or to attaint him of high trea-
fon, does not enter into the idea of a municipal law7 :
for the operation of this aft is fpent upon Titius only,
and has no relation to the community in general ; it is
rather a fentence than a law. But an aft to declare
that the crime of which Titius is accufed {hall be
deemed high treafon j this has permanency, uniformity,
and univerfality, and therefore is properly a rule. It
is alfo called a rule, to didinguifh it from advice or
counfel, which w7e are at liberty to follow or not as we
fee proper, and to judge upon the reafonablenefs or
unreafonablenefs of the thing advifed : whereas our
obedience to the law depends not upon our approba¬
tion, but upon the Maker's will. Counfel is only
matter of perfuafion, law is matter of injunftion *,
counfel afts only upon the willing, law upon the un¬
willing alfo.
It is alfo called a rule, to didinguilh it from a com¬
pact or agreement; for a compaft is a promife proceed¬
ing from us, law is a command direfted to us. The
1
w.
Part I
language of a compaft is, “ I will, or will not', do this Ot Laws
that of a law is, “ Thou {halt, or {halt not, do it.” in general.
It is true there is an obligation which a compaft carries ~v"~
with it, equal in point of confidence to that of a law j
but then the original of the obligation is different. In
compafts, we ourfelves determine and promife wThat
{hall be done, before we are obliged to do it •, in laws,
we are obliged to aft without ourfelves determining or
promifing any thing at all. Upon thefe accounts law
is defined to be “ a rule.”
Municipal law is alfo “ a rule of civil conduff." Second pro.
This diftinguilhes municipal law from the natural orPerty*
revealed : the former of which is the rule of moral con-
duft ; and the latter not only the rule of moral conduft,
but alfo of faith. Thefe regard man as a creature ;
and point out his duty to God, to himfelf, and to his
neighbour, confidered in the light of an individual.
But municipal or civil law regards him alfo as a citizen,
and bound to other duties towards his neighbour, than
thofe of mere nature and religion : duties, which he
has engaged in by enjoying the benefits of the com¬
mon union j and which amount to no more, than that
he do contribute, on his part, to the fubfiftence and
peace of the fociety.
It is likewife “ a rule prefcribed." Becaufe a bareximd pro-
refolution, confined in the breaft of the legiflator, with-perty.
out manifefting itfelf by fome external fign, can never
be properly a law. It is requifite that this refolution
be notified to the people who are to obey it. But the
manner in which this notification is to be made, is mat¬
ter of very great indifference. It may be notified by
univerfal tradition and long praftice, which fuppofes
a previous publication, and is the cafe of the common
law7 of England and of Scotland. It may be notified
viva voce, by officers appointed for that purpofe 5 as is
done wdth regard to proclamations, and fuch afts of
parliament as are appointed to be publicly read in
churches and other affemblies. It may, laftly, be no¬
tified by writing, printing, or the like ; wdiich is the
general courfe taken with all our afts of parliament.
Yet, whatever way is made ufe of, it is incumbent on
the promulgators to do it in the moft public and per-
fpicuous manner ; not like Caligula, who (according
to Dio Caffius) wrote his law7s in a very fmall charac¬
ter, and hung them up upon high pillars, the more
effeftually to enfnare the people. There is {fill a more
unreafonable method than this, wffiich is called making
of laws ex pof fadlo ; when after an aftion (indifferent
in itfelf) is committed, the legiflator then for the firft
time declares it to have been a crime, and inflifts a
puniffiment upon the perfon who has committed it.
Here it is impoffible that the party could forefee, that
an aftion, innocent w’hen it wTas done, fiiould be after¬
wards converted to guilt by a fubfequent law: he had
therefore no caufe to abftain from it ; and all puniffi¬
ment for not abftaining muft of confequence be cruel
and unjuft. All laws ffiould be therefore made to com¬
mence in futuro, and be notified before their commence¬
ment } which is implied in the term “ prefcribed.”
But when this rule is in the ufual manner notified or
prefcribed, it is then the fubjeft’s bufinefs to be tho¬
roughly acquainted therewith j for if ignorance of
what he might know, w7ere admitted as a legitimate
excufe, the laws would be of no effeft, but might al¬
ways be eluded with impunity.
But
Part T. LA
Of Laws But further : Municipal law is i; a rule of civil con-
*n general- du£l prelcribed by the fupreme power in a Jlale” For
legillature, as was before obferved, is the greateft a£l
Fourth pro-°^ Superiority that can be exercifed by one being over
j»erty. another. Wherefore it is rennifii-P tr. f-L« Tro..,, „
w.
18^
Of Laws
iu general.
Oivil fo-
»iety.
13
Govern¬
ment.
another. Wherefore it is requilite to the very offence
of a law, that it be made by the Supreme power. So¬
vereignty and legillature are indeed convertible terms j
one cannot fubfift without the other.
*1 his will naturally lead us into a fhort inquiry con¬
cerning the nature of Society and civil government j and
the natural inherent right that belongs to the Sove¬
reignty^ of a ftate, wherever that Sovereignty be lodged,
of making and enforcing larvs.
The only true and natural foundations of Society are
the wants and fears of individuals. Not that we can
believe, with Some theoretical writers, that there ever
Was a time when there was no Such thing as Society ;
and that, from the impulfe of reafon, and through a
lenSe of their wants and weakneffes, individuals met
together in a large plain, entered into an original con-
tracl, and chofe the tailed: man prelent to be their go¬
vernor. Ibis notion, of an aftually exifting uncon-
nefted llate of nature, is too wild to be ferioufly ad¬
mitted : and befides, it is plainly contradictory to the
revealed accounts of the primitive origin of mankind,
and their preservation 2000 years afterwards; both
which were effeaed by the means of Single families.
Thefe formed the firit Society among themfelves,
which every day extended its limits j and when it
grew too large to fubfilt with convenience in that paS-
toral ftate wherein the patriarchs appear to have lived^
it neceflarily Subdivided itSelf by various migrations in¬
to more. Afterwards, as agriculture increafed, which
employs and can maintain a much greater number of
hands, migrations became lefs frequent j and various
tribes, which had formerly Separated, reunited again ;
lometimes by compulsion and conqueft, Sometimes by
accident, and Sometimes perhaps by compaCf. But
though Society had not its formal beginning from anv
convention of individuals, aCluated by their wants and
their fears; yet it is the fenfe of their weaknefs and
itnperfeCHon that keeps mankind together, that de-
monftrates the neceflity of this union, and that there¬
fore is the Solid and natural foundation, as well as the
cement, of focicty. And this is what we mean by the
original contraa of Society j which, though perhaps
in no inftance it has ever been formally exprefled at
the firft inftitution of a ftate, yet in nature and reafon
muil always be underftood and implied in the very ad
of aflbciating together 5 namely, that the whole fhould
proted all its parts, and that every part Ihould pay
obedience to the will of the whole ; or, in other
words, that the community ftiould guard the rights of
each individual member, and that (in return for this
protedion) each individual Ihould Submit to the laws
of the community ; without which fubmiflion of all, it
was impoflible that protedion could be certainly ex¬
tended to any.
For when Society is once formed, government refults
of courfe, as neceflary to preferve and to keep that So¬
ciety in order. Unlefs Some Superior be conftituted,
whole commands and decifions all the members are
bound to obey, they would flill remain as in a ftate of
nature, without any judge upon earth to define their
Several rights, and redrefs their Several wrongs. But
Vol. XI. Part II. *
as all the membets of Society are naturally equal, it
may be afked, In whole hands are the reins of govern¬
ment to be intrufted ? Fo this the general anfwer is
eafy ; but the application of it to particular cafes has
occasioned one half of thofe mifchiefs which are apt
to proceed from mifguided political zeal. In general,
all mankind will agree, that government Should be re-
pofed in Such perfons, in whom thoie qualities are mofi:
likely to be found, the perfedion of which is among
the attributes of him who is emphaticall) ftyled the
Supreme Being ; the three grand requisites, namely, of
wimom, of goodnefs, and of power: wildom, to difcern
the real intereft of the community ; goodnefs, to en¬
deavour always to purfue that real intereft ; and
ftrength or power to carry this knowledge and inten¬
tion into^ adion. I hefe are the natural foundations
of Sovereignty, and thefe are the requifites that ought
to be found in every well conftituted frame of govern¬
ment. °
. Sd°w the Several forms of government we now fee
in the world at firft adually began, is matter of great
uncertainty, and has occafioned infinite disputes. It
is not our bufinefs or intention to enter into any of
them. However they began, or by what right Soever
they SubSift, there is and muft be in all of them a Su¬
preme, ifrefiftible, abfolute, uncontrolled authority, in
w^hich the jura fummi imperii, or the rights of Sove¬
reignty, relide. And this authority is placed in thofe
hands, wherein (according to the opinion of the found-
ei s of Such refpedive ftates, either exprefsly given or
colleded from their tacit approbation) the qualities re-
quifite for Supremacy, wifdom, goodnefs, aud power
are the moft likely to be found.
I he political writers of antiquity will net allow Different
more than three regular forms of government: the firft,roms
when the Sovereign power is lodged in an aggregatetliereof'
aflembly confifting of all the members of a community,
which is called a democracy; the Second, when it "is
lodged in a council compofed of feied members, and
then it is ftyled an ari/iocracy ; the laft, when it is in¬
trufted in the hands of a iingle perfon, and then it
takes the name of a nionarchy. All other Species of
government, they fay, are either corruptions of, or re¬
ducible to, thefe three.
By the Sovereign power, as was before obferved, is
meant the making of laws •, for wherever that power
refides, all others muft conform to and be direded by
it, whatever appearance the outward form and admi-
niftration of the government may put on. For it is at
any time in the option of the legiflature to alter that
form and adminiftration by a new edid or rule, and to
put the execution or the laws into whatever hands it
pleafes : and all the other powers of the ftate muft obey
the legiflative power in the execution of their Several
fundions, or elfe the conilitution is at an end.
In a democracy, where the right of making laws
refides in the people at large, public virtue or goodnefs
of intention is more likely to be found than either of
the other qualities of government. Popular aflemblies
are frequently foolifti in their contrivance, and weak,
in their execution ; but generally mean to do the thing
that is right and juft, and have always a degree of pa¬
triotism or public Spirit. In ariftocracies there is more
wlfdorn to be found than in the other forms of go¬
vernment $ being compofed, or intended to be com-
4 pofed,*
r4
586 L A
Of Laws pofed, of the moft experienced citizens: but there is
in general. jefs licmefty than in a republic, and lefs firength than
' r~ in a monarchy. A monarchy is indeed the moil
powerful of any, all the finew^s of government being
knit and united together in the hand of the prince ;
but then there is imminent danger of his employing that
ftrength to improvident or oppreffive purpofes.
Thus thefe three fpecies of government have all of
them their feveral perfedtions and imperfeftions. De¬
mocracies are ufually the beft calculated to direft the
end of a lawr; ariltocracies, to invent the means by
which that end (hall be obtained j and monarchies, to
carry thofe means into execution. And the ancients,
as was obferved, had in general no idea of any other
permanent form of government but thefe three : for
though Cicero declares himfelf of opinion, “ ejfe optime
conjlitutam rempubhcam, qua- ex tribus genenbus ilhs, re-
gali, optima, et populcri,Jit tnodice confufa yet Tacitus
treats this notion of a mixed government, formed out
of them all, and partaking of the advantages of each,
as a vifionary wdsim, and one that, if ededled, could
never be lading or fecure.
Brit fh ron- But, happily for us of this ifland, the Britilh con-
ftitution. ditution has long remained, and w;e trud will long con¬
tinue, a danding exception to the truth of this obfer-
vation. For, as with us the executive power of the
laws is lodged in a fingle perfon, they have all the ad¬
vantages of drength and defpatch that are to be found
in the mod abfolute monarchy : and, as the legiflature
of the kingdom is intruded to three didinft powers,
entirely independent of each other ; fird, the king ; fe-
condly, the lords fpiritual and temporal, which is an
aridocratical affembly of perfons feledled for their piety,
their birth, their wifdom, their valour, or their pro¬
perty •, and, thirdly, the houfe of commons, freely
chofen by the people from among themfelves, which
makes it a kind of democracy j as this aggregate body,
aftuated by different fprings and attentive to different
intereds, compofes the Britilh parliament, and has the
fupreme difpofal of every thing, no innovation can
be attempted by either of the three branches, but will
be withdood by one of the other two, each branch
being armed with a negative power fufficient to repel
any new meafure which it lhall think inexpedient or
dangerous.
Here, then is lodged the fovereignty of the BritiOr
conditution j and lodged as beneficially as is poflible
for fociety. For in no other drape could w^e be fo cer¬
tain of finding the three great qualities of government
fo w’ell and fo happily united. If the fupreme power
w^ere lodged in any ope of the three branches fepa-
rately, we mud be expofed to the inconveniences of
either abfolute monarchy, aridocracy, or democracy j
and fo want two of the three principal ingredients of
good polity, either virtue, wifdom, or power. If it
weye lodged in any two of the branches ; for indance,
in the king and houfe of lords j our laws might be pro¬
vidently made and well executed, but they might not
always have the good of the people in view : if lodged
in the king and commons, we flrould want that circum-
fpedlion and mediatory caution, which the wifdom of
the peers is to afford : if the fupreme rights of legifla¬
ture were lodged in the two houfes only, and the king
had no negative upon their proceedings, they might be
tempted to encroach upon the royal prerogative, or per*
w.
Part X.
haps to abolifh the kingly office, and thereby weaken Of Laws
(if not totally dedroy) the drength of the executive in neral-
power. But the conflitutional government of this ”v”~
ifland is fo admirably tempered and compounded, that
nothing can endanger or hurt it, but dedroying the
equilibrium of power between one branch of the legi¬
flature and the red. For if ever it fliould happen, that
the independence of any one of the three fhould be
lod, or that it (hould become fubfervient to the views
of either of the other two, there would foon be an
end of our condifution. The legiflature would be
changed from that which was originally fet up by the
general confent and fundamental a£l of the fociety,
and fuch a change, however effefted, is, according to
Mr Locke (who perhaps carries his theory too far),
at once an entire diffolution of the bands of govern¬
ment j and the people are thereby reduced to a date
of anarchy, with liberty to conditute to themfelves a
new legillative pow’er.
Having thus curforily confidered the three ufual 16
fpecies of government, and our own Angular conditu-
tion feledled and compounded from them all, wTe pro¬
ceed to obferve, that, as the power of making laws con-
ditutes the fupreme authority, fo wLerever the lupreme
authority in any date refides, it is the right of that
authority to make laws ; that is, in the words of our
definition, to prefcribe the rule of civil aEtion. And this
may be difcovered from the very end and inditution ot
civil dates. For a date is a colleclive body, compofed
of a multitude of individuals, united for their fafety
and convenience, and intending to aid together as one
man. If it is therefore to aft as one man, it ought
to aft by one uniform will. But, inafmuch as poli¬
tical communities are made up of many natural per¬
fons, each of whom has his particular will and inclina¬
tion, thefe feveral walls cannot by any natural union be
joined together, or tempered and dilpofed into a lad¬
ing harmony, fo as to conditute and produce that one
uniform will of the whole. It can therefore be no
otherwife produced than by a political union ; by the
confent of all perfons to fubmit their own private wills
to the will of one man, or of one or more affemblies of
men, to wdiom the fupreme authority is intruded j and
this will of that one man, or affemblage of men, is in
different dates, according to their different conditu-
tions, underdood to be lawr.
Thus far as to the right of the fupreme powder to
make laws : but farther, it is its duty likewife. For
fince the refpeftive members are bound to conform
themfelves to the will of the date, it is expedient that
they receive direftions from the date declaratory of
that its will. But it is impoflible, in fo great a
multitude, to give injunftions to every particular man,
relative to each particular aftion, therefore the date
effablifhes general rules, for the perpetual information
and direftion of all perfons in all points, whether of
pofitive or negative duty : and this, in order that
every man may knowr what to look upon as his own,
what as another’s ; what abfolute and what relative
duties are required at his hands ; what is to be efleem-
ed honed, dilhoned, or indifferent •, what degree every
man retains of his natural liberty, and what he has gi¬
ven up as the price of the benefits of fociety ; and af¬
ter what manner each perfon is to moderate the ufe
and exercife of thofe tights which the date afligns
him.
Fart L
Of Laws
in general-
L A
him, in order to pfomote and fecure the public tran-
17
Second
branch of
the defini-
quillity.
From what has been advanced, the truth of the for¬
mer branch of our definition is (we truft) fufiiciently
evident •, that “ municipal law is a rule of civil con-
du61, prefcribed by the fupreme power in aJlate.” We
tiou, illuf- proceed now to the latter branch of it $ that it is a rule
ftrated. p0 prefcriheJ, “ commanding what is right, and pro¬
hibiting what is wrong.”
Now, in order to do this completely, it is firft of all
neceflary that the boundaries of right and wrong be
eftablilhed and afcertained by law. And when this is
once done, it will follow of courfe, that it is likewife
the bufmefs of the law, cenfidered as a rule of civil
conduft, to enforce thefe rights, and to reftrain or re-
drefs thefe wrongs. It remains therefore only to con-
fider, in what manner the law is faid to afcertain the
boundaries of right and wrong •, and the methods
which it makes to command the one and prohibit the
other.
For this purpofe, every law may be faid to confift of
feveral parts j one, declaratory ; whereby the rights to
be obferved, and the wrongs to be efchewed, are clearly
defined and laid down : another, dire&ory •, whereby
the fubjeft is intruded and enjoined to obferve thofe
rights, and to abftain from the commiffion of thofe
wrongs: a third, remedial •, whereby a method is point¬
ed out to recover a man’s private rights, or redrefs his
private wrongs : to which may be added a fourth, ufual-
ly termed the fan&ion or vindicatory branch of the law;
whereby it is fignified wrhat evil or penalty {hall be in¬
curred by fuch as commit any public wrongs, aad tranf-
l8 grefs or neglect their duty.
Declara- With regard to the firft of thefe, the declaratory
tory part of part of the municipal law ; this depends not fo much
the law. Upon the law of revelation or of nature, as upon the
wifdom and will of the legillator. This do&rine, which
before wTas {lightly touched, deferves a more particular
explication. Thofe rights, then, which God and nature
have eftablilhed, and are therefore called natural rights,
fuch as are life and liberty, need not the aid of human
laws to be more effe£lually inverted in every man than
they are ; neither do they receive any additional ftrength
when declared by the municipal laws to be inviolable.
On the contrary, no human legillature has power to
abridge or deftroy them, unlefs the owner ftiall him-
felf commit fome aft that amounts to a forfeiture.
Neither do divine or natural duties (fuch as, for in-
ftance, the worfhip of God, the maintenance of child¬
ren, and the like) receive any rtronger fanftion from
being alfo declared to be duties by the law7 of the land.
The cafe is the fame as to crimes and mifdemeanors,
that are forbidden by the fuperior laws, and therefore
ftyled mala in fe, fuch as murder, theft, and perjury 5
which eontraft no additional turpitude from being de¬
clared unlawful by the inferior legiflature. For that
legillature in all thefe cafes afts only, as was before
obferved, in fubordination to the Great Lawgiver,
tranferibing and publilhing his precepts. So that,
upon the whole, the declaratory part of the municipal
law has no force or operation at all, with regard to
aftions that are naturally and intrinfically right or
wrong.
But wfith regard to things in themfelves indifferent,
the cafe is entirely altered. Thei'e become either right
W. 587
or wrong, juft or unjuft, duties or mifdemeanors, ac- _ Of Laws
cording as the municipal legiilator fees proper, for ln
promoting the welfare of the fociety, and more effec¬
tually carrying on the purpofes of civil life. Thus
our own common law has declared, that the goods of
the wife do inftantly upon marriage become the pro¬
perty and right of the hulband 5 and our ftatute law
has declared all monopolies a public offence : yet that
right, and this offence, have no foundation in nature ;
but are merely created by the law7, for the purpofes of
civil fociety. And fometimes, wdiere the thing itfelf
has its rife from the law7 of nature, the particular cir-
cumftances and mode of doing it become right or wrong,
as the law7s of the land {hall direft. Thus, for inftance,
in civil duties; obedience to fuperiors is the doftrine
of revealed as well as natural religion : but who thofe
fuperiors {hall be, and in what circumftances, or to^
what degrees they {ball be obeyed, is the province of
human laws to determine. And fo, as to injuries or
crimes, it muft be left to our own legiflature to decide,
in what cafes the feizing another’s cattle fhall amount
to the crime of robbery ; and wrhere it fhall Be a juiti-
fiable aftion, as when a landlord takes them by way of
diftrefs for rent. _ . r9
Thus much for the declaratory part of the municipal D^eiftory
law : and the direBory Hands much upon the famepart*
footing ; for this virtually includes the former, the de¬
claration being ufually collefted from the direftion.
The law that fays, “ Thou {halt not fteal,” implies a
declaration that ftealing is a crime. And w7e have feen,
that, in things naturally indifferent, the very effence of
right and wrong depends upon the direftion of the law7s
to do or to omit them. 2°. .
The remedial part of a law is fo neceffary a confe-
quence of the two former, that laws muft be veryP&
vague and imperfeft without it. For in vain would
rights be declared, in vain direfted to fee obferved, if
there were no method of recovering and afferting thofe
rights when wrongfully withheld or invaded. I his
is w7hat we mean properly, when we ipeak of the pro-
teftion of the law. When, for inftance, the declaratory
part of the law has faid, that the field or inheritance
which belonged to Titius’s father is veiled by his
death in Titius.” and the direftory part has “ forbid¬
den any one to enter on another’s property without the
leave of the owner if Gains after this will prefume
to take poffeffion of the land, the remedial part of the
law will then interpofe its office ; will make Gaius re-
ftore the poffeffion to Titius, and alfo pay him damages
for the invafion.
With regard to the fanftion of laws, 6r the evil
that may attend the breach of public duties *, it is ob¬
ferved, that human legiflators have for the moft part
chofen to make the fanftion of their laws rather vin ¬
dicatory than remuneratory, or to confift rather in
puniflnnents than in aftual particular rewards: Be-
caufe, in the firft place, the quiet enjoyment and
proteftion of all our civil rights and liberties, which
are the fure and general confequence of obedience to
the municipal law, are in themfelves the beft and nioft
valuable of all rewards : becaufe alfo, were the exercife
of every virtue ta be enforced by the propofal of par
ticular rewards, it were impoflible for any ftate to
furnifti ftock enough for fo profufe a bounty j and far¬
ther, becaufe the dread of evil is a much more forcible
4 E 2 principle
588
Of La\v&
in general
21
Vindica¬
tory part,
L A
pri'.nple of human adions than the profpea of good
_For which reafons, though a prudent bellowing of
rewards is foraetimes of exquilite ufe, yet we find "’that
tho.e civil laws, which enforce and enjoin our duty, do
lerdotn, if ever, propole any privilege or gift to fuch
as oney the law 5 but do conllanfly come armed with
a penalty denounced againft tranfgreffors, either ex-
prefsly defining the nature and quantity of the punilh-
“ent, or elfe leaving it to the difcretion of the judges,
and thole who are intruded with the care of putting’
the lawrs in execution. °
Of an tiie parts of a law the molt effedlual is the vin-
■ aleatory. For it is but loll labour to fay, “ Do this, or
avoid that,” unlefs we alio declare, “ This lhall be the
confequence of your noncompliance.” We mull there-
fore obferve, that the main llrength and force of a law
com ills in the penalty annexed to it. Herein is to be
found the principal obligation of human laws.
^ Legifiators and their laws are faid to compel and
oblige : not that, by any natural violence, they fo con-
ilram man as to render it impoffible for him to a£t
sthenyife than as they diredl, which is the llrid fenfe
of obligation j but becaufe, by declaring and exhibit¬
ing a penalty againft offenders, they bring it to pafs
that no man can eafily choofe to tranfgrefs the law
iince, by reafon of the impending corredlion, compliance
is in a high degree preferable to difobedience. And
even where rewards are propofed as well as punilhments
threatened, the obligation of the law feems chiefly to
conlill in the penalty : for rewards, in their nature, can
only perfuade and allure j nothing is compulfory but
punilhment.
li nas been held true, and very jullly, by the prin-
cipai of our ethical writers, that human laws are bind¬
ing upon men’s confciences. But if that were the
only or moil forcible obligation, the good only would
regard the laws, and the bad would let them at de¬
fiance. And, true as this principle is, it mull Hill
be underftood with fome reftridlion. It holds, we ap¬
prehend, as to 7'ights; and that, when the law has de¬
termined the field to belong to Titius, it is a matter of
confcience no longer to withhold or to invade it. So
alfo in regard to natural duties, and fuch offences as are
mala in fe : here we are bound in confcience, becaufe
we are bound by fuperior laws, before thofe human
laws were in being, to perform the one and abllain
irom the otner. Tut in relation to thole laws which
enjoin only polkive duties, and forbid only fuch things
as are not mala in fe, but mala prohibita merely, with¬
out any intermixture of moral guilt, annexing a pe¬
nalty to noncompliance ; here confcience feems to be
no farther concerned, than by direfting a fubmiffion
to the penalty, in cafe of our breach of thofe laws :
for otherwife the multitude of penal laws in a Hate
would not only be looked upon as an impolitic, but
would alfo be a very wicked, thing $ if every fuch law
were a fnare for the confcience of the lubje6l. But in
thefe cafes the alternative is olfered to every man •
“ either abilain from this, orfubmit to fuch a penalty;”
and his confcience will be clear whichever fide of the
alternative he thinks proper to embrace. Thus, by the
ilatuies for preferving the game, a penalty is denounced
againft every unqualified perlbn that kills a hare, and
sgamit every perfon who poffeffes a partridge in Au-
giftf. And lo too, by other ftatutes, pecuniary pe-
w.
Part I.
nalties are inflicted for cxercifing trades without ferv- O/Laws
mg an apprenticefliip thereto, for erecting cottages ‘n general.
without annexing four acres of land to each, for not '    
urying t te dead in woollen, for not performing fta-
tute WOi ' on the public roads, and for innumerable
other pofitive mifdemeanors. Now thefe prohibitory
laws do not make the tranfgreflion a moral offence, or
lin: the only obligation in confcience is to fubmit to
the penalty, if levied. It mull, however, be obferved,
that we are here fpeaking of laws that are Amply and
purely penal, where the thing forbidden or enjoined is
wholly a matter of indifference, and where the penalty
inmbted is an adequate compenfation for the civil in¬
convenience fuppofed to rife from the offence. But
where difobedience to_ the law involves in it alfo any
degree of public mifchief or private injury, there it falls
within our former diftinaion, and is alfo an offence
againft confcience.
We have now gone through the definition laid down
° ,a mijnicjPjd law; and have fhown that it is “ a
ruie of civil condua—preferibed—by the fupreme
povyer in a ftate—commanding what is right, and pro¬
hibiting what is wrong in the explication of which
we have endeavoured to interweave a few ufeful prin-
es’.con.cer™n£ t^le natui'e of civil government, and
the obligation of human jaws. Before we conclude this
part, it may not^be amifs to add a few obfervations
concerning the interpretation of laws.
\\ hen any doubt arofe upon the conftruaion of the Of the in
-Koman laws, the ufage was to ftate the cafe to the terpreta-’
emperor m writing, and take his opinion upon it.tion of
I his was certainly a bad method of interpretation. ia''vs'
I o interrogate the legiflature to decide particular dif-
putes, is not only endlefs, but affords great room for
partiality and oppreftion. The anfwers of the empe¬
ror wrere called his reicripts, and thefe had in fucceeding
cales the force of perpetual laws; though they ought
to be carefully diftinguifhed, by every rational civilian,
Tom thofe general conftitutions which had only thd
nature of things for their guide. The emperor’ Ma-
ennus, as his hiftorian Capitolinus informs us, had once
refolved to abolilh thefe referipts, and retain only the
general edifts : he could not bear that the hafty and
crude anfwers of fuch princes as Commodus and Cara-
calla fhould be reverenced as laws. But Juftinian
thought otherwife, and he has preferved them all. In
ike manner the canon laws, or decretal epiftles of the
popes, are all of them referipts in the ftriaeft feme..
Contrary to all true forms of reafoning, they argue
from particulars to generals.
I he faireft and moft rational method to interpret
the will of the legiflator, is by exploring his intentions
at me time when the law was made, by figns the moft
natural and probable. And thefe figns are either the
words, the context, the fubjedl-matter, the effedls and
confequence, or the fpirit and reafon of the law. Let
us take a ftiort view of them all.
1. Words are generally to be underftood in their
ufual and moft known fignification ; not fo much re¬
garding the propriety of grammar, as their general
and popular ufe. Thus the law mentioned by Puffen-
dorf, which forbade a layman to lay hands on a prieft,
was adjudged to extend to him who had hurt a prieft
with a weapon. Again : Terms of art, or technical
terms, mull be taken according to the acceptation of
the
*3
24
Part L LA
_ Oi Laws the learned in each art, trade, and fcience. So in the
in general. 0f fett]ement, where the crown of England is li¬
mited “ to the princefs Sophia, and the' heirs of her
body being Proteflants,” it becomes neceffary to call
in the affiitance of lawyers, to afcertain the precife
idea of the words “ heirs of her bodywhich in a
legal fenfe comprife only certain of her lineal defcend-
ants. Laflly, Where words are clearly repugnant in
two laws, the latter law takes place of the elder ; /eges
pojleriores priores contrarias alrogant, is a maxim of
univerfal law, as well as of our own conflitutions. And
accordingly it was laid down by a law of the twelve
tables at Rome, ^uod populus poj}remum jujjit, id jus
ratum ejio.
2. If words happen to be ftill dubious, wte may
ellablifh their meaning from the context; with which
it may be of fingnlar ufe to compare a word or a fen-
tence, whenever they are ambiguous, equivocal, or in¬
tricate. Thus the proeme, or preamble, is often called
in to help the conftruftion of an aft of parliament. Of
the fame nature and ufe is the comparifon of a law with
other laws that are made by the fame legiflator, that
have fome affinity wdth the fubjeft, or that exprefsly
relate to the fame point. Thus, when the law of Eng¬
land declares murder to be felony without benefit of
clergy, we muft refort to the fame law' of England to
learn w'hat the benefit of clergy is : and, when the com¬
mon law cenfures fimoniacal contrafts, it affords great
light to the fubjeft to confider what the canon law' has
adjudged to be fimony.
3* As to the fubjedl-matter, words are always to be
underflood as having a regard thereto ; for that is al¬
ways fuppofed to be in the eye of the legiflator, and
all his expreffions direfted to that end. Thus, when a
law of Edward III. forbids all ecclefiafiical perfons to
purchafe provifions at Rome, it might feem to prohibit
the buying of grain and other viftual ; but when we
confider that the ftatute was made to reprefs the ufurpa-
tions of the papal fee, and that the nominations to be¬
nefices by the pope were called provijions, we ffiall fee
that the reftraint is intended to be laid upon fuch provi¬
fions only.
4. As to the effefts and confequence, the rule is,
That where W’ords bear either none, or a very abfurd
fignification, if literally underffood, we mull a little
deviate from the received fenfe of them. Therefore
tlie Bolognian law, mentioned by Puffendorf, w'hich
enafted “ that whoever drew blood in the ffreets ffiould
be punifhed with the utmoft feverity,” was held after
long debate not to extend to the furgeon who opened
the vein of a perfon wffio fell dowm in the ftreet wuth
a fit.
5. But, laftly, The mod univerfal and effeftual way
of difcovering the true meaning of a law, when the
wmrds are dubious, is by confidering the reafon and
Spirit of it, or the caufe which moved the legillator to
enaft it. For when this reafon ceafes, the law itfelf
ought likewife to ceafe wdth it. An infiance of this is
given in a cafe put by Cicero, or whoever was the au¬
thor of the rhetorical treatife infcribed to Herennius.
a5
36
37
„ w. 589
1 here was a law, That thofe who in a fiorm forfook Of Laws
the fnip ffiould forfeit all property therein, and the Ihip 'n Senera‘’
and lading ffiould belong entirely to thofe who ftaid in v
it. In a dangerous tempeft, all the mariners forfook
the ffiip, except only one fick paffenger, who by reafon
of his difeafe was unable to get out and efcape. By
chance the fliip came fafe to port. The fick man kept
polfeffion, and claimed the benefit of the law. Now
here all the learned agree, that the fick man is not
within the reafon of the law j for the reafon of making
it was, to give encouragement to fuch as ffiould venture
' their lives to fave the veflel : but this is a merit which
he could never pretend to, who neither ftaid in the ffiip
upon that account, nor contributed any thing to its pre-
fervation. a3
From this method of interpreting laws by the rea- Equity,
fon of them, arifes what vre call equity : which is thus
defined by Grotius, “ the correftion of that, wherein
the law (by reafon of its univerfality) is deficient.’’
For fince in laws all cafes cannot be forefecn or expref-
fed, it is neceffary, that, when the general decrees of
the law come to be applied to particular cafes, there
Ihould be fomewhere a power veiled of defining thofe
circnmftances, which (had they been forefeen) the le¬
gillator himfelf would have expreffed. And thefe are
the cafes which, according to Grotius, /ex non exaBe
definit, fed arbitno boni viripermittit.
Equity thus depending, effentially, upon the parti¬
cular circumfiances of each individual cafe, there can
be no eftablilhed rules and fixed precepts of equity laid
down, without deftroying its very effence, and reducing
it to a pofitive law. And, on the other hand, the li¬
berty of confidering all cafes in an equitable light muft
not be indulged too far j left thereby wTe deftroy all
law, and leave the decinon of every queftion entirely
in the breaft of the judge. And law, without equity,
though hard and difagreeable, is much more definable
for the public good, than equity without law.; which
would make every judge a legillator, and introduce
infinite confufion : as there would then be almoft as
many different rules of aftion laid down in our courts,
as there are differences of capacity and fentiment in the
human mind.
Having thus confidered the nature of law's in gene-Plan of tbe
ral, we lhall proceed to give a view of the particulartwo fo*,ow*
law of our own country; 1. Of England; 2. Of Scot-,ng parts*
land. Fhe Enghffi law, however, being too extenfive
to admit of detail in a body, we can only here give fuch
a Iketch of it as may be lufficient to ffiow the connexion
of its parLS; but the principal of thele parts themlelves
are explained at large, under their proper names, in the
general alphabet.—A contrary method is followed w'ith
regard to tne law of Scotland. f his being lefs exten-
five, is given in a body, with all its parts not only in
regular conneftion, but fufficiently explained ; thefe
parts, again, not being explained in the order of the
alphabet, but marked with numerical references to their"
explanations in the fyftem..
PART
A W.
59°
I^aw or
England,
L
PART II. THE LAW OF ENGLAND.
Part II.
La1*- of
En^'and._
3°
Common
law.
INTRODUCTION.
THE municipal law of England, or the rule of civil
conduit prefcribed to the inhabitants of that kingdom,
may with fufficient propriety be divided into two kinds:
the /ex non fcripta, the unwritten or common law j and
the lex fcripta, the written or ftatute law.
The lex non fcripta, or unwritten law, includes not
only general cuftoms, or the common law pronerly fo
called j but alfo the particular cuftoms of certain parts
of the kingdom, and likewife thefe particular laws that
are by cultom obferved only in certain courts and jurif-
diclions.
In calling thefe parts of the law leges non fcriptce,
we would not be underftood as if all thofe laws were at
prefent merely oral, of communicated from the former
ages to the prefent folely by word of mouth. It is
true indeed, that in the profound ignorance of letters
which formerly overfpread the whole v/eftern world,
all laws were entirely traditional; for this plain reafon,
that the nations among which they prevailed had but
little idea of writing. Thus the feritilh as well as the
Gallic druids committed all their laws as well as learn¬
ing to memory ; and it is faid of the primitive Saxons
here, as well as their brethren on the continent, that
legesfola memoria et ufu retinebant. But, with us at
prefent,, the monuments and evidences of our legal cuf¬
toms ar6 contained in the records of the feveral courts
of juftice, in books ©f reports and judicial decifions,
and in the treatifes’ of learned fages of the profeffion,
preferved and handed down to us from the times of
higheft antiquity. However, we therefore ftyle thefe
parts of our law leges non fcriptce, becaufe their original
inftitution and authority are not fet down in writing,
as a£ls of parliament are j but they receive their
binding powder, and the force of laws, by long and
immemorial ufage, and by their univerfal reception
throughout the kingdom : in like manner as Aulus
Gellius defines the jus non fcriptum to be that which
is tacito et illiterate hominum confenfu et moribus ex-
preffum.
Our ancient lawyers, and particularly Fortefcue,
infill with abundance of warmth, that thefe cuftoms
are as old as the primitive Britons, and continued down
through the feveral mutations of government and in¬
habitants, to the prefent time, unchanged and unadul¬
terated. This may be the cafe as to fome. But in
general, as Mr Selden in his notes obferves, this affer-
tion mull be underftood with many grains of allowance j
and ought only to fignify, as the truth feems to be,
that there never was any formal exchange of one fy-
ftem of laws for another : though doubllefs, by the
intermixture of adventitious nations, the Romans, the
Picfts, the Saxons, the Danes, and the Normans, they
muft have infenfibly introduced and incorporated many
of their own cuftoms with thofe that were before efta-
blilhed •, thereby, in all probability, improving the
texture and wifdom of tli# whole, by the accumulated
wifdom of divers particular countries. Our laws, faith
Lord Bacon, are mixed as our language j and as our
2
language is fo much the richer, the laws are the mor&
complete.
And indeed our antiquarians and firft hiftorians do
all pofitively aflure us, that our body of law's is of this"
compounded nature. For they tell us, that in the
time of Alfred the local cuftoms of the feveral provin¬
ces of the kingdom w'ere grown fo various, that he
found it expedient to compile his dome book, or liber
judicialis, for the general ufe of the whole kingdom.
This book is faid to have been extant fo late as the
reign of Edward IV. but is now unfortunately loft. It
contained, we may probably fuppofe, the principal
maxims of the common law’, the penalties for mifde-
meanors, and the forms of judicial proceedings. Thus
much may at leaft be colle&ed from that injunction to
obferve it, which we find in the laws of King Edw’ard
the Elder, the fon of Alfred. Omnibus qui reipublkce
prufunt etiam atque etiam mando, ut omnibus cequos fe
prcebeant judices perinde ac in judiciali libro fcriptum ha-
betur : nec quiquam forrnident quin jus commune audac-
ter Hbereque dicant.
But the irruption and eftabliihment of the Danes in
England, which followed foon after, introduced new
cuftoms, and caufed this code of Alfred in many pro¬
vinces to fall into difufe, or at leaft to be mixed and
debafed wuth other laws of a coarler alloy. So that,
about the beginning of the 1 ith century there were
three principal fyftems of laws prevailing in different
diftrifts. 1. The Mercen Lage, or Mercian laws,
which were obferved in many of the inland counties,
and thofe bordering on the principality of Wales, the
retreat of the ancient Britons; and therefore very pro¬
bably intermixed with the Britilh or Druidical cu¬
ftoms. 2. The Wef Saxon Lage, or laws of the Weft
Saxons, w'hich obtained in the counties to the fouth
and weft of the ifland, from Kent to Devonftiire. Thefe
were probably much the fame with the laws of Alfred
above mentioned, being the municipal law of the far
moft confiderable part of his dominions, and particular¬
ly including Berkfliire, the leat of his peculiar refi-
dence. 3. The Dane Lage, or Danifti law, the very
name of which fpeaks its original and compofition.
This was principally maintained in the reft of the mid¬
land counties, and alfo on the eaftern coaft, the part
moft expofed to the vifits of that piratical people. As
for the very northern provinces, they were at that time
under a diftind government.
Out of thefe three laws, Roger Hoveden and Ra-
nulpbus Ceftrenfis inform us, King Edw’ard the Con-
feffor extra&ed one uniform law, or digeft of laws, to
be obferved throughout the whole kingdom j. though
Hoveden and the author of an old manufeript chronicle
affure us likewife, that this work was projeCled and
begun by his grandfather King Edgar. And indeed a
general digeft of the fame nature has been confiantly
found expedient, and therefore put in praCtice by othef
great nations, which were formed from an aflemblage
of little provinces, governed by peculiar cuftoms. As
in Portugal, under King Edv ard, about the beginning
of the 15th century. In Spain, under Alonzo X. who
about
Part II.
Law of
England.
, 31
Of three
kinds.
3*
Firft branch
of the un¬
written
law :
General
cuftoms.
about the year 1250 executed the plan of bis father
St Ferdinand, and colle&ed all the provincial cuftoms
into one uniform law, in the celebrated code entitled
Las Partulas. And in Sweden, about the fame era, a
univerfal body of common law was compiled out of
the particular cuftoms eftablifhed by the laghman of
every province, and entitled the Land's Lagh, being
analogous to the common law of England.
Both thefe undertakings, of King Edgar and Edward
the Confeffor, feem to have been no more than a new
edition, or frefh promulgation, of Alfred’s code or
dome book, with fuch additions and improvements as
the experience of n century and a half had luggefted.
For Alfred is generally ftyled by the fame hiltorians
the legum Anglicanarum conJilor, as Edward the Con-
feflbr is the rejiitutor. Thefe, however, are the laws
which our hiftories fo often mention under the name
of the /aws of Edward the Confe/for; which our ancei-
tors ftruggled fo hardly to maintain, under the firft:
princes of the Norman line ; and which fubfequent
princes fo frequently promifed to keep and to reftore,
as the moft popular aft they could do, when prefied
by foreign emergencies or domeftic difeontents. il hefe
are the laws, that fo vigoroufly withftood the repeated
attacks of the civil law ; which eftablilhed in the 1 2th
century a new Roman empire over the moft of the
ftates on the continent : ftates that have loft, and
perhaps upon that account, their political liberties j
while the free conftitution of England, perhaps upon
the fame account, has been rather improved than de-
bafed. Thefe, in fhort, are the laws which gave rife
and origin to that colleftion of maxims and cuftoms
which is now known by the name of the common law :
A name either given to it, in contradiftinftion to other
law's, as the ftatute lawr, the civil law, the law merchant,
and the like •, or, more probably, as a law common
to all the realm, the jus commune or folcright, mention¬
ed by King Edw'ard the Elder, after the abolition of
the feveral provincial cuftoms, and particular laws be¬
fore mentioned.
But though this is the moft likely foundation of this
colleftion of maxims and cuftoms j yet the maxims and
cuftoms fo collefted, are of higher antiquity than me¬
mory or hiftory can reach : nothing being more difficult
than to afeertain the precife beginning and firft fpring
of an ancient and long eftablilhed cuftom. Whence it
is, that in our law the goodnefs of a cuftom depends
upon its having been ufed time out of mind ; or, in the
folemnity of our legal phrafe, time whereof the memory
of man runneth not to the contrary. This it is that
gives it its weight and authority ; and of this nature are
the maxims and cuftoms which compofe the common
law, or lex non feripta, of this kingdom.
This unwritten, or common law, is properly di-
ftinguilhable into three kinds: 1. General cuftoms;
which are the univerfal rule of the whole kingdom,
and form the common law in its ftrifter and more
ufual fignification. 2. Particular cuftoms; which for
the moft part aftetft only the inhabitants of particular
diftri&s. 3. Certain particular laws; which by cuftom
are adopted and ufed by fome particular courts, of
pretty general and extenfxve jurifdidlion.
I. As to general cuftoms, or the common law’ pro¬
perly fo called ; this is that law, by which proceedings
and determinations in the king’s ordinary courts of juf-
A W. 591
tice are guided and dire fled. This, for the moft part, of
fettles the courfe in w’ hich lands defeend by inheritance; Eng|ant*'.
the manner and form of acquiring and transferring pro¬
perty ; the folemnities and obligation of contracts; the
rules of expounding wills, deeds, and ads of parlia¬
ment ; the refpedive remedies of civil injuries ; the fe¬
veral fpecies of temporal offences, with the manner and
degree of puniffiment, and an infinite number of mifm-
ter particulars, which diffufe themfelves as extenfively
as the ordinary diftribution of common juftice requires.
Thus, for example, that there ffiall be four fuperior
courts of record, the chancery, the king’s bench, the
common pleas, and the exchequer ;—that the eldeft fon
alone is heir to his anceftor ;—that property may be
acquired and transferred by writing ;—that a deed is of
no validity unlefs fealed and delivered ; that wills ffiall
be conftrued more favourably, and deeds more ftrid-
ly ;—that money lent upon bond is recoverable by ac¬
tion of debt ;—that breaking the public peace is an of¬
fence, and puniffiable by fine and imprifonment :—all
thefe are dodrines that are not fet down in any written
ftatute or ordinance ; but depend merely upon imme¬
morial ufage, that is, upon common lawT, for their fup-
port.
Some have divided the common law into two prin¬
cipal grounds or foundations: 1. Eftabliffied cuftoms ;
fuch as that, where there are three brothers, the eldeft
brother (hall be heir to the fecond, in exclufion of the
youngeft ; and, 2. Eftabliffied rules and maxims ; as,
“ that the king can da no wrong, that no man ffiall
“ be bound to accufe himfelf,” and the like. But
thefe feem to be one and the fame thing. For the
authority of thefe maxims refts entirely upon general
reception and ufage ; and the only method of proving
that this or that maxim is a rule of the common law,
is by (flowing that it hath been always the cuftom to
obferve it.
But here a very natural, and very mateiial, queftion
ariles : How are thefe cuftoms or maxims to be known,
and by whom is their validity to be determined ? The
anfwer is, By the judges in the feveral courts of juftice.
They are the depofxtory of the laws; the "living oracles
who muft decide in ail cafes of doubt, and who are
bound by an oath to decide according to the law of
the land. Their knowledge of that law is derived from
experience and ftudy ; from the vigititi annorum lucu-
brationes, which Fortefcue mentions ; and from being
long perfonally accullomed to the judicial decifions of
their predeceffors. And indeed thefe judicial deciiions
are the principal and moft authoritative evidence, that
can be given, of the exiftence of fuch a cuftom as lhall
form a part of the common law. The judgement itfelf,
and all the proceedings previous thereto, are carefully
regiftered and preferved under the name of records, in
public repofitories fet apart for that particular purpofe ;
and to them frequent recourfe is had, when any criti¬
cal queftion arifes, in the determination of which for¬
mer precedents may give light or affiftance. And
therefore, even fo early as the Conqueft, we find the
preeieritorum memoria eventorum reckoned up as one of
the chief qualifications of thofe who were held to
be tegibus pa true optinie injhtuti. For it is an eliablithed
rule, To abide by former precedents, where the fame
points come again in litigation, as well to kee, the
fcale of juftice even and fteady, and not liable to waver
with
592 L A
Liw of xvitli every new judge’s opinionas aifo becaufe the
,i I7'n^ law in that cafe being folemnly declared and determin¬
ed, what before was uncertain, and perhaps indifferent,
is now become a permanent rule, which is not in the
breaft of any fubfequent judge to alter or vary from
according to his private fentiments : he being fworn
to determine, not according to his own private judge¬
ment, but according to the known laws and cuftoms of
the land 5 not delegated to pronounce a new law, but to
maintain and expound the old one. Yet this rule ad¬
mits of exception, where the former determination is
moff: evidently contrary to reafon •, much more if it
be contrary to the divine law7. But even in fuch cafes
the fubfequent judges do not pretend to make a new
law, but to vindicate the old one from mifreprefenta-
tion. For if it be found that the former decifion is
manifeftly abfurd or unjuft, it is declared, not that
fuch a fentence was bad law, but that it was not law ;
that is, that it is not the eftabliihed cuftom of the
realm, as has been erroneoufly determined. And hence
it is that our lawyers are with juftice fo copious in their
encomiums on the reafon of the common law; that
they tell us, that the law is the perfe61ion of reafon,
that it always intends to conform thereto,' and that
what is not reafon is not law7. Not that the particular
reafon of every rule in the law, can at this diftance of
time be always precifely affigned ; but it is fufficient
that there be nothing in the rule flatly contradictory to
reafon, and then the law7 will prefume it to be w7ell
founded. And it hath been an ancient obfervation in
the laws of England, that whenever a Handing rule of
law7, of which the reafon perhaps could not be remem¬
bered or difcerned, hath been w7antonly broke in upon
by ftatutes or new refolutions, the wdfdom of the rule
hath in the end appeared from the inconveniences that
have followed the innovation.
The dodhine of the law7 then is this : That prece¬
dents and rules muft be follow’ed, unlefs flaby abfurd
or dnjuft 5 for though their reafon be not obvious at
flrft view7, yet we ow7e fuch a deference to former times
as not to fuppcfe they a£led wholly without confidera-
tion. To illuilrate this dodlrine by examples. It has
been determined, time out o ' mind, that a brother of
the half blood (hall never fucceed as heir to the eftate
of his half brother, but it (hall rather efcheat to the
king, or other fuperior lord. N0W7 this is a pofitive
law7,’ fixed and eftablilhed by cuftom ; which cuftom is
proved by judicial deciflons •, and therefore can ne¬
ver be departed from by any modern judge without a
breach of his oath and the law7. For herein there is
nothing repugnant to natural juftice 5 though the arti¬
ficial reafon of it, drawn from the feodal law, may not
be quite obvious to every body. And therefore on
account of a fuppofed hardlhip upon the half brother,
a modern judge might wifh it had been otherwife
fettled, yet it is not in his power to alter it. But if
W. - Part II.
any court were now to determine, that an elder bro- Law of
ther of the half blood might enter upon and feize any England. ^
lands that were purchafed by his vounger brother, no y J'1*
fubfequent judges would fcruple to declare that fuch
prior determination was unjuft, was unreafonable, and
therefore was not law. So that the law, and the opinion
of the judge, are not always convertible terms, or one
and the fame thing j ftnee it fometimes may happen
that the judge may miftake the law7. Upon the whole,
hoivever, we may take it as a general rule, “ That the
decifions of courts of juftice are the evidence of what
is common law,” in the fame manner as in the civil
law7, w'hat the emperor bad once determined was to
ferve for a guide for the future.
The decifions therefore of courts are held in the
higheft regard, and are not only preferved as authentic
records in the treafuries of the feveral courts, but are
handed out to public view7 in the numerous volumes of
reports which furnifh the lawyers library. Thefe re¬
ports are hiftories of the feveral cafes, with a fliort
fummary of the proceedings, which are preferved at
large in the record 5 the arguments on both fides, and
the reafons the court gave for its judgement : taken
dow7n in ftiort notes by perfons prefent at the determi¬
nation. • And thefe ferve as indexes to, and alfo to
explain, the records ; wdiich alw7ays, in matters of
conlequence and nicety, the judges diretft to be
fearched. The reports are extant in a regular feries
from the reign of King Edward II. inclufive •, and
from his time to that of Henry VIII. were taken by
the prothonotaries, or chief feribes of the court, at the
expence of the crown, and publiflied annually, whence
they are known under the denomination of the yea?
boohs. And it is much to be wilhed that this beneficial
cuftom had, under proper regulations, been continued
to this day, for though King James I. at the inftance
of Lord Bacon, appointed two reporters, with a hand-
fome ftipend, for this purpofej yet that wife inftitution
was foon negledled, and from the reign of Henry VIII,
to the prefent time this talk has been executed by ma¬
ny private and contemporary hands j who fometimes
through hafte and inaccuracy, fometimes through mif¬
take and w7ant of fldll, have publiftied very crude and
imperfe6l (perhaps contradidlory) accounts of one and
the fame determination. Some of the moft valuable of
the ancient reports are thofe publilhed by Lord Chief
Juftice Coke *, a man of infinite learning in his profef-
fion, though not a little infefted w7ith the pedantry and
quaintnefs of the times he lived in, which appear ftrong-
ly in all his works However, his writings are fo high¬
ly efteemed, that they are generally cited without the
author’s name (a).
Belides thefe reporters, there are alfo other authors,
to w hom great veneration and refpedl are paid by the
Undents of the common law7. Such are Glanvil and
Bradton, Britton, and Fleta, Littleton and Fitzherbert,
with
(a) His reports, for inftance, are ftyled, hut “ the reports j” and in quoting them we ufiially fay,
1 or 2 Rep. not 1 or 2 Coke’s Rep. as in citing other authors. The reports of Judge Croke are alfo cited
in a peculiar manner, by the name of thofe princes in whofe reigns the cafes reported in his three vo¬
lumes were determined; viz. Queen Elizabeth, King James, King Charles I.; as well as by the number of
each volume. For fometimes we call them x, 2, and 3 Cro.; but more commonly Cro. Ehz. Cro. Jac. and
©ro. Car.
5
Part II. L
Law of with fome others of ancient date, whofe treatifes are
tEngland. cjtej as authority ; and are evidence that cafes have
formerly happened in which fuch and fuch points were
determined, which are now become fettled and firft
principles. One of the laft of thele methodical writers
in point of time, whofe works are of any intrinfic au¬
thority in the courts of juftice, and do not entirely de¬
pend on the ftrength of their quotations from older au¬
thors, is the fame learned judge we have ]ult mention¬
ed, Sir Edward Coke ; who hath written four volumes
of Inrtitutes, as he is pleafed to call them, though they
have little of the inftitutional method to warrant fuch
a title. . The firft volume is a very extenfive comment
upon a little excellent treatife of tenures, compiled by
Judge Littleton in the reign of Edward IV. This
comment is a rich mine of valuable common law learn-
ing, collefted and heaped together from the ancient re¬
ports and year books, but greatly defeftive in method.
(bJ. The lecond volume is a comment upon many old
arts of parliament, without any (yftematical order ;
the third, a more methodical treatife of the pleas of the
crown •, and the fourth, an account of the feveral fpecies
©f courts (c).
And thus much for the firft ground and chief corner-
ftone of the laws of England j which is generally imme¬
morial cuftom, or common law, from time to time
declared in the decifions of the courts of j'uftice ; which
decifions are preferved among the public records, ex¬
plained in the reports, and digefted for general ufe in
the authoritative writings of the venerable fages of the
law.
The Roman law, as prartifed in the times of its li¬
berty, paid alio a great regard to cuftom ; but not fo
much as our law : it only then adopting it when the
written law was deficient; though the reafons al-
ledged in the Digeft will fully juftify our prartice in
making it of equal authority with, when it is not con¬
tradicted by, the written law. For fince (fays Ju-
lianus) the written law binds us for no other realon but
bee a ufe it is approved by the judgement of the people,
therefore thofe laws which the people have approved
without writing ought alfo to bind every body. For
where is the difference, whether the people declare
their affent to a law by fuffrage, or by a uniform courfe
of artmg accordingly ?” Thus did they rea'on while
Rome had fome remains of her freedom •, but, when,
the imperial tyranny came to be fully eftablilhed, the
civil laws fpeak a very different language.
placuit legis habet vigoretn, cum populus ei et in eum
D7nne fuum imperium etpotejlatem confer at, fays Ulplan.
Imperator folus et conditor et interpret legis exiftimatur,
lays the code. And again, Sacri/egu inflar eji referipto
principis obviari. And indeed it is one of the charac-
teriftic marks of Britifti liberty, that the common law
depends upon cuftom : which carries this internal evi¬
dence of freedom along with it, that it probably was in¬
troduced by the voluntary confent of the people.
Vol. XI. Part II. ^
A ^v * * " 593
II. I he fecond branch of the unwritten Laws of Eng- Law of
land are particular cuifoms, or laws wEich aftert onlv
the inhabitants of particular diilridls. ^ 1™r~'v
I hefe particular cuftoms, or fome of them, are Second
without doubt the remains of that multitude of localhrarKh of
cuftoms before mentioned, out of which the common die unwrit-
law, as it now ftands, was collerted at firft by KingterrJaw;
Alfred, and afterwards by King Edgar and Edward^
the. Confeffor: each diftrirt mutually facrificing fome
ol its own fpecial ufages, in order that the whole
kingdom might enjoy the benefit of one uniform and
umverfal fyftem of laws. But, for reafons that have
been now long forgotten, particular counties, cities,
towns, manors, and lordihips, were very early indulged
with the privilege of abiding by their own cuftoms,
in contradiftinftion to the reft of the nation at large :
which privilege is confirmed to them by feveral arts" of
parliament.
Such is the cuftom of gavelkind in Kent and fome
other parts of the kingdom (though perhaps it was
alio general till the Norman conqueft); which ordains
among other things, that not the eldeft fou only of
the father fhall fucceed to his inheritance, but all the
fons alike; and that, though the anceftor be attainted
and hanged, yet the heir fhall fucceed to his eftate
without any efeheat to the lord—Such is the cuftom
that prevails in divers ancient boroughs, and therefore
called borough Englifh, that the youngeft fon (hail inhe¬
rit the eftate, in preference to all his elder brothers 
Such is the cuftom in other boroughs, that a widow
jhall be entitled, for her dower, to all her hufband’s
lands j whereas at the common law ftie {hall be endow¬
ed of one-third part only.—Such alfo are the fpecial and
particular cufto. >s of manors, of which every one has
more or lefs, and which bind all the copyhold tenants
that hold of the faid manors.—Such likewife is the
cuftom of holding divers inferior courts, with power
of trying caufes, in cities and trading towns ; the
right of holding which, when no royal grant can be
fhown, depends entirely upon immemorial and efta-
blilhed ufage.—Such, laftly, are many particular cu¬
ftoms within the city of London, with regard to trade,
apprentices, widows, orphans, and a variety of other
matters. All thefe are contrary to the general law of
the land, and are good only bv fpecial ufage ; though
the cuftoms of London are alfo confirmed by art "of
parliament.
1 o this head may moft properly be referred a parti-
cu' r fyftem of cuftoms ufed only among one fet of the
king’s fubjerts, called the cujlom of merchants, or lex
mercatoria : which, however different from the general
rules of the common law, is yet ingrafted into it, and
made a part of it 5 being allowed, for the benefit of
trade, to be of the utmoft validity in all commercial
tranfirtions; for it is a maxim of law, that cuilibet in
Jua arte credendum cf.
I he rules relating to particular cuftoms regard ei-
4 F ther
34
(b) It is ufually cited either by the name of Co. Litt. or as 1 Inft.
vJCisJnha!dVrt)C,ted T V’ °r t In(h .with0U1t any auth(>r’s name. An honorary diftinrtion, which we obfer
«ke compiler,‘as ^ ““ ^ ^ ^ ^ ™
594 lj
Law of ther tKe proof, of their exiftehce j their legality when
England, proved • or their ufual vat\\iodioiallowance. And fh'ft
l”’ v vve will confider the rules of proof.
As to gavelkind and borough Englilh, the law takes
particular notice of them } and there is no occalion to
prove, that fuch cultoms adlually exifl, but ouly that
the lands in queftion are fubjeft thereto. All other pri¬
vate cuftoms mult be particularly pleaded j and as well
the exiilence of fuch cufloms mull be fhown, as that the
thing in difpute is within the cuiloms alleged. The
trial in both cafes (both to ihow the exiilence of the
cuilom, as, 44 That in the manor of Dale lands lhall
defcend only to the heirs male, and never to the heirs
female f and alfo to ihow “ that tlie lands in queilion
are within that manor”) is by a jury of twelve men,
and not by the judges •, except the fame particular cut-
tom has been before tried, determined, and recorded,
in the fame court.
The cuftoms of Ijondon differ from all others in
point of trial : for it the existence ot tne cultom be
brought in queftion, it lhall not be tried by a jury, but
by a certificate from the lord mayor and aldermen by
the mouth of their recorder •, unlefs it be fuch a cuftom
as the corporation is itfelf interefted in, as^ a right ot
taking toll, &c. for then the law permits tiiem nou to
certify on their own behalf.
When a cuftom is a£tually proved to exift, the next
inquiry is into the legality or it j for if it is not a good
cuftom, it ought to be no longer, ufed. ^ Malus ufus
abolendus ef, is an eftablithed maxim of the law. To
make a particular cuftom good, the following are ne-
cetfary requifites:—
Rule-in i. That it have been ufed fo long, that the me-
eftablifning mory 0f man runneth not to the contrary. So. that
cultoms. any one can (how the beginning of it, it is no
good cuftom. Tor which reaion, no cuftom can pre¬
vail againft an exprels aft of parliament j lince tne fta-
tute itfelf is a proof of a time when fuch a cuftom did
not exift.
2. It muft have been continued. Any interruption
would caule a temporary ceafmg : the revival gives it
a new' beginning, which will be within time, of me¬
mory, and thereupon the cuftom will be void. But
this muft be underftood with regard to an interruption
of the right: for an interruption of the poffeftion only
for io or 20 years, will not deftroy the cuftom. As.
if the inhabitants of a parifti have a cuftomary right of
watering their cattle at a certain pool, the cuftom is not
deftroyed, though they do not ufe it for i.o yearsit
only becomes more difficult to prove : but if the light
be anyhow difcontinued for a day, the cuftom is quite
a. It muft have been peaceable, and acquiefced in*,
not fubjeft to contention and diipute. For as cuftoms
owe their original to common confent, their being im-
memorially difputed, either at law or otherwiie, is a
proof that fuch con lent was w anting.
4. Cuftoms muft be reafonable; or rather, taken ne-
gativelv they muft not be umealonable. \vhicn is
not always, as Sir Edward.Coke fays, to be under-
pood of every unlearned man’s reafon j but ot artiucial
and legal reafon, warranted by autnority of law. Upon
which account a cuftom may be good, though the par¬
ticular reafon of it cannot be afligned j for it fufficeth,
if no gcod legal reafon can ^ be affigned againft it.
A W. Part II.
Thus a cuftom in a parifti, that no man {hall put his
j. ... -   ?       r   Law of
beafts into the common till the third of Oftoer, would England.,
be good $ and yet it would be hard to ffiow the reafon
why that day in particular is fixed upon rather than
the day before or after." But a cuftom, that no cattle
ihall be put in till the lord of the manor has firft put in
his, is unreafonable, and therefore bad : for peradven-
ture the lord will never put in his; and then the tenants
will lofe all their profits.
5. Cuftoms ought to be certain. A cuftom, that
lands (hall defcend to the moft worthy of the owner’s
blood, is void j for how fhall this worth be determined?
but a cuftom to defcend to the next male of the blood,
exclufive of females, is certain, and therefore good.
A cuftom to pay twopence an acre in lieu of tithes, is
good j but to pay fometimes twopence and fometimes
threepence, as the occupier of the land pleafes, is bad
for its uncertainty. Yet a cuftom, to pay a year’s im¬
proved value for a fine on a copyhold eftate, is good j
though the value is a thing uncertain : for the value
may at any time be afeertained *, and the maxim of law
is, Id certain ef, quod cerium reddi potef.
6. Cuftoms, though eftabliffied by confent, muft be
(when eftabliffied) compulfory : and not left to the op¬
tion of every man, whether he will uie them or no.
Therefore a cuftom, that all the inhabitants {hall be
rated toward the maintenance of a bridge, will be good;
but a cuftom, that every man is to contribute thereto
at his own pleafure, is idle and abfurd, and indeed no
cuftom at all.
7. Laftly, Cuftoms muft be conffent with each
other. One cuftom cannot be fet up in oppofition to
another. For if both are really cuftoms, then both are
of equal antiquity, and both eftabliffied by mutual con¬
fent : wdiich to fay of contradictory cuftoms, is abiurd.
Therefore, if one man preferibes that by cuftom he
has a right to have windows looking into another’s gar¬
den ; the other cannot claim a right by cuftom to flop
up or obftruct thofe windows : for thefe two contra-
didlory cuftoms cannot both be good, nor both Hand
together. Fie ought rather to deny the exigence of
the former cufiom.
Next, as to the allowance of fpecial cuftoms. Cuf¬
toms, in derogation of the common law, muft be con-
ftrued ftriclly. Thus, by the cuftom of gavelkind, an
infant of 15 years may by one fpecies of conveyance
(called a deed offeoffment) convey away his lands in fee
fimple, or for ever. Yet this cuftom does not empower
him to ufe any other conveyance, or even to leafe them
for feven years : for the cuftom muft be ftrictly pur-
fued. And, moreover, all fpecial cuftoms muft fub-
mit to the king’s prerogative. Therefore, if the king
purchafes lands of the nature of gavelkind, where all
the fons inherit equally ; yet, upon the king’s demiie,
his eldeft fon (hall fucceed to thofe lands alone. And
thus much for the fecond part of the leges nonfcriptcc,
or thofe particular cuftoms which affedl particular per-
fons or diftridls only. _ _ 3*5
III. The third branch of them are thofe peculiarT!l,rd
laws which by. cuftom are adopted and ufed only in^"un
certain peculiar courts and jurifdiftions. And by thefe ten Jaw> ‘
are underftood the c ivil and canon laws.
It may feem a little improper, at firft view*, to rank
thefe laws under the head of leges non fcriptcc, or un¬
written laws, feeing they are fet forth by authority in
their
I
Pan II.
L A
Law of their pandecl?, their codes, and their infHtutions ;
England, their councils, decrees, and decretals *, and enforced by
an immenfe number of expofitions, decilions, and trea-
tifes of the learned in both branches of the law. But
this is done after the example of Sir Matthew Hale,
becaufe it is mold plain, that it is not on account of
their being written laws, that either the canon law, or
the civil lavsr, have any obligation within this kingdom:
neither do their force and efficacy depend upon their
own intrinfic authority 5 which is the cafe of our writ¬
ten laws or adds of parliament. They bind not the
fubjecls of England, becaufe their materials were col-
ledded from popes or emperors, were digefted by Juf-
tinian, or declared to be authentic by Gregory. Thefe
confiderations give them no authority here : for the le-
giflature of England doth not, nop ever did, recognize
any foreign power, as fuperior or equal to it in this
kingdom ; or as having the right to give law to any
the meaneft of its fubjecds. But all the ftrength that
either the papal or imperial laws have obtained in this
realm (or indeed in any other kingdom in Europe) is
only becaufe they have been admitted and received by
immemorial ufage and cuftom in fome particular cafes,
and fome particular courts and then they form a
branch of the leges non fcriptce, or culdomary law : or
elfe, becaufe they are in fome other cafes introduced
by confent of parliament, and then they owe their va¬
lidity to the leges fcviptce, or Idatute law. This is ex-
prefsly declared in thofe remarkable words of the fta-
tute 25 Hen. VIII. c. 21. addrefled to the king’s royal
majeldy.—“ This your grace’s realm, recognizing no
fuperior under God but only your grace, hath been
and is free from fubjefHon to any man’s laws, but only
to fuch as have been devifed, made, and ordained wdth-
in this realm for the wealth of the fame or to fuch
other as, by fufferance of your grace and your proge¬
nitors, the people of this your realm have taken at their
free liberty, by their own confent, to be ufed among
them •, and have bound themfelves by long ufe and
culdom to the obfervance of the fame : not as to the
obfervance of the laws of any foreign prince, potentate,
or prelate ; but as to the cudomed and ancient laws
of this realm, originally eftablifhed as laws of the fame,
by the faid fufferance, confents, and cuftom ; and none
otherwife.”
1. By the civil law, abfolutely taken, is generally un-
derftood the civil or municipal law of the Roman em¬
pire, as comprifed in the Inftitutes, the Code, and the
Digeft of the emperor Juftinian, and the novel confti-
tutions of himfelf and fome of his fucceffors j of which
it may not be amifs to give a (hort and general ac¬
count.
The Roman law (founded firft upon the regal con-
ffitutions of their ancient kings, next upon the 1 2 tables
of the decemviri, then upon the laws or ftatutes enacted
by the fenate or people, the edicts of the praetor, and
the refponfa prudentivm or opinions of learned law¬
yers, and laftly upon the imperial decrees or conflitu-
tions of fucceffive emperors) had grown to fo great a
bulk, or, as Livy expreffes it, tarn immenfus aliarum
fuper alias acervatarum legnm cumulus, that they were
computed to be many camels load by an author who
preceded Juftinian. This was in part remedied by the
colleiffions of three private lawyers, Gregorius, Her-
mogenes, and Papirius j and then by the emperor Theo-
w.
595
37
Civil law.
38
dofius the younger, by whofe orders a code was com- haw of
piled, A. D. 438, being a methodical colledbon of, "-n^a < ■,
all the imperial conftitutions then in force : which
Theodofian code was the only book of civil law re¬
ceived as authentic in the weftern part of Europe, till
many centuries after *, and to this it is probable that
the Franks and Goths might frequently pay fome re¬
gard, in framing legal conftitutions for their newdy
erefted kingdoms. For Juftinian commanded only in
the eaftern remains of the empire 5 and it was under
his aufpices, that the prefent body of civil law was
compiled and finifhed by Trebonian and other lawyers,
about the year 533.
This confifts of, 1. The Inftitutes j which contain
the elements or firft principles of the Roman law,1, in
four books. 2. The Digefts or Pande£ts, in 50 books;
containing the opinions and writings of eminent lawT-
yers, digefted in a fyftematical method. 3. A new
code, or colleflion of imperial cpnftitutions; the lapfe
of a whole century having rendered the former code of
Theodofius imperfedf. 4. The Novels, or new con¬
ftitutions, pofterior in time to the other books, and
amounting to a fupplement to the code : containing
new7 decrees of fucceffive emperors, as new queftions
happened to arife. Thefe form the body of Roman
law, or corpus juris civrlis, as publiftied about the time
of Juftinian: which, however, fell loon into negleft and
oblivion, till about the year t 130, when a copy of the
Digefts was found at Amalfi in Italy ; which accident,
concurring with the policy of the Roman eccleliaftics,
fuddenly gave new vogue and authority to the civil
law, introduced it into feveral nations, and occafioned
that mighty inundation of voluminous comments, with
which this fyftem of law, more than any other, is now
loaded.
2. The canon law is a body of Roman ecclefiafticalCanon‘aw*
law7, relative to fuch matters as that church either has,
or pretends to have, the proper jurifdiclion over. This
is compiled from the opinions of the ancient Latin fa¬
thers, the decrees of general councils, the decretal
epiftles and bulls of the holy fee. All wffiich lay in
the fame diforder and confufion as the Roman civil
law: till, about the year 1151, one Gratian an Ita¬
lian monk, animated by the difeovery of Juftinian’s
Pandeifts, reduced the ecclefiaftical conftitutions alfo
into fome method, in three books ; which he entitled
Concordia difeordantium canonum, but which are gene¬
rally known by the name of Decretum Gratiani. Thefe
reached as low as the time of Pope Alexander III. The
fubfequent papal decrees, to the pontificate of Gre¬
gory JX. were publilhed in much the fame method un¬
der the aufpices of that pope, about the year 1 23c,
in five books : entitled Decretalia Greqoru nom. A
fixth book wras added by Boniface VIII. about the
year 1 298, which is called Sextus Decretahum. The
Clementine conftitutions, or decrees of Clement V.
were in like manner authenticated in 1317 by his fuc-
ceffor John XXII ; who alfo publifhed 20 conftitutions
of bis own, called Extravagantes Joannis: all which
in fome meafure anfwer to the novels of the civil law.
To thefe have been fince added fome decrees of latter
popes, in five books, called Extravagantes Communes.
And all thefe together, Gratian’s decree, Gregory’s
decretals, the fixth decretal, the Clementine conftitu¬
tions, and the Extravagants of John and his fucceffors,
/ ' 4 F 2 form
39
L
f;f form the corpus juris canonici, or body of the Rots an
nc # canon law.
liefides thcfe pontifical collcdtionSj whicli during the
times of popery were received as authentic in this
illand, as well as in other parts of Chriftendom, there
is alio a hind of national canon low^ compofed of le-
gatine and provincial conllitutions, and adapted only
to the exigencies of this church and kingdom. The
legatine confxitutions were ecclefiaftical laws, enafted
in national fynods, held under the cardinals Otho and
Othobon, legates from Pope Gregory IX. and Pope
Clement IV. in the reign of King Henry III. about
toe years 1220 and 1268. The provincial conllitu-
tions are principally the decrees of provincial fynods,
held under divers archbifhops of Canterbury, from
Stephen Langton in the reign of Henry III. to Henry
Chichele in the reign of Henry V. ; and adopted aifo
by the province- of York in the reign of Henry VI.
At the dawn of the Reformation, in the reign of King
Henry VIII. it was enafted in parliament, that a re¬
view Ihould be had of the canon law ; and till fuch re-
viewr Ihould be made, all canons, conftitutions, ordi¬
nances and fynodals provincial, being then already
made, and not repugnant to the law of the land or the
king’s prerogative, fliould Hill be ufed and executed.
And, as no fuch review has yet been perfeded, upon
this ftatute now- depends the authority of the canon
law in England.
As for the canons ena&ed by the clergy under
James I. in the year 1603, and never confirmed in
parliament, it has been folemnly adjudged upon the
principles of law and the confiitution, that wdiere they
are not merely declaratory of the ancient canon law",
but are introductory of new regulations, they do not
Bmd the laity, whatever regard the clergy may think
proper to pay them.
There are four fpecies of courts, in which the civil
and canon laws are permitted under different re-
ft rich ions to be ufed. j. The courts of the archbi-
fhop and bifliops, and their derivative officers 5 ufually
called courts ChriJHan, (curie Chrijlianitatis), or the ec-
clejiajlicalcourts. 2. The military courts. 3. The courts
of admiralty. 4. The courts of the two univerfities.
In all, their reception in general, and tjie different de¬
grees of that reception, are grounded entirely upon
cuftom ; corroborated in the latter inflance by aft of
parliament, ratifying thofe charters which confirm
the cuftomary law of the univerfities. The more mi¬
nute confideration of them will fall under their pro¬
per articles. It will fuffice at prefent to remark a few
A W.
Fart II.
particulars relative to them all, which may ferve to in- Law of
culcate more ffrongly the doftrine laid down concern- England,
ing them. 1 Y—
1. And firft, The courts of common law have the
fuperintendency over thefe courts j to keep them within
their jurifdiftions 5 to determine wherein they exceed
them ; to refirain and prohibit fuch excefs ; and (in
cafe of contumacy) to punifii the officer who executes,
and in fome cafes the judge who enforces, the fentence
fo declared to be illegal. »
2. The common law has referved to itfelf the expo-
fition of all fuch afts of parliament, as concern either
the extent of thefe courts, or the matters depending
before them. And therefore, if thefe courts either re-
fufe to allow thefe afts of parliament, or wall expound
them in any other fenfe than what the common law
puts upon them, the king’s courts at Wedminiter will
grant prohibitions to refirain and controul them.
3. An appeal lies from all thefe courts to the king,
in the laft refort; which proves that the jurifdiftion
exerciled in them is derived from the crowm of Eng¬
land, and not from any foreign potentate, or intrinfic
authority of their owm.—And, from thefe three ftrong
marks and enfigns of fuperiority, it appears beyond a
doubt, that the civil and canon laws, though admitted
in fome cafes by cuffom in fome courts, are only fub-
ordinate and leges fub graviori lege; and that thus ad¬
mitted, relfrained, altered, new-modelled, and amend¬
ed, they are by no means wdth us a diflinft indepen¬
dent fpecies of law's, but are inferior branches of the
cufiomary or unw’ritten laws of England, properly call¬
ed the king's ecclefmJHcal, the king's military, the king's
maritime, or the king's academical laws.
Let us next proceed to the legesfcriptce, the writtenT} 4^..-
laws of the kingdom ; which are llatutes, afts, or tenhw*'
edifts, made by the king’s majelty^ by and with the
advice of the lords fpiritual and temporal and commons
in parliament affembled. The oldeft of thefe now ex¬
tant, and printed in our ftatutc books, is the famous
magna charta, as confirmed in parliament 9 Hen. III.
though doubtlefs there were many afts before that
time, the records of which are now loft, and the deter¬
minations of them perhaps at prefent currently receiv¬
ed for the maxims of the old common law.
J he manner of making thefe ftatutes being explain¬
ed under the articles Bill and Parliament, we thall
here only take notice of the different kinds of ftatutes j
and of fome general rules with regard to their con-
ftruftion (d).
Firft, As to their feveral kinds. Statutes are either K,n(£2of
general itaiutes*.
(d) I ne^method o. citing thefe afts of parliament is various. Many of the ancient ftatutes are called after
the name 01 the place where the parliament was held that made them ; as the ftatutes of Merton and Marie-
fcerge, of Weftminfter, Glocefter, and Winchefter. Others are denominated entirely from their fubjeft j as
the ftatutes of W ales and Ireland, the articuh clen, and the prerogatwa regis. Some are diftinguiftted by their
initial woids, a method of citing very ancient j being ufed by the Jews, in denominating the books of the
Pentateuch •, by the Chriftian church, in diftinguifhing their hymns and divine offices j by the Romanifts, in
describing their papal bulls j and in the Ihort by the whole body of ancient civilians and canonifts, among wffiom
this method of citation generally prevailed, not only with regard to chapters, but inferior leftions alfo • in
■imitation ot all which we ftill call fome of the old ftatutes by their initial words, as the ftatute of Quia empto-
res, and that, of Circumfpecle agatis. But the mold ufual method of citing them, efpecially fince the time of
Edv ard II. is by naming the year of the king’s reign in which the ftatute was made, together with the
chapter or particular aft, according to its numeral order 5 as, 9 Geo. 11. c. 4, For all the afts of one
fefiion,
Part II. , L
Law of general or fpccial, public or private. A general or
.England, pUblic aft
is an univerfal rule that regards the whole
community : and of this the courts of law are bound
to take notice judicially and ex officio, without the fta-
tute being particularly pleaded, or formally let forth,
by the party who claims an advantage under it. Spe¬
cial or private a£ls are rather exceptions than rules,
being thofe which only operate upon particular perfons
and private concerns ; fuch as the Romans entitled fe-
natus decreta, in contradiftinftion to the fenatux con-
fulta, which regarded the whole community; and of
thefe the judges are not bound to take notice, unlefs
they be formerly fhowm and pleaded. Thus, to (how
the diflin£Hon, the flatute 13 Eliz. c. 10. to prevent
fpiritual perfons from making leafes for longer terms
than 21 years or three lives, is a public aff ; it being
a rule prefcribed to the whole body of fpiritual perfons
in the nation : but an a£! to enable the biihop of Chefter
to make a leafe to A. B. for 60 years, is an exception
to this rule 5 it concerns only the parties and the bi-
fiiop’s fuccefibrs, and is therefore a private aft.
Statutes alfo are either declaratory of the common
law, or remedial of fome defefts therein. Declaratory,
where the old cuftom of the kingdom is almoif fallen
into difufe, or become difputable ; in which cafe the
parliament has thought proper, in perpetuum rei tejli-
monium, and for avoiding all doubts and difficulties, to
declare what the common law is and ever hath been.
Thus the hatute of treafons, 25 Edw% III. cap. 2. doth
not make any new fpecies of treafons : but only, for
the benefit of the fubjeft, declares and enumerates
thofe feveral kinds of offence which before wrere trea-
fon at the common law. Remedial ifatutes are thofe
which are made to fupply fuch defefts, and abridge
fuch fuperfluities, in the common law, as arife either
from the general imperfeftion of all human laws, from
change of time and circumftances, from the miffakes
and unadvifed determinations of unlearned judges, or
from any other caufe whatfoever. And this being
done, either by enlarging the common law where it
was too narrow and circumfcribed, or by relfraining it
where it was too lax and luxuriant, hath occafioned
another fubordinate divifion of remedial afts of parlia¬
ment into enlarging and rejiraming ftatutes. To in-
ftance again in the cafe of treafon. Clipping the cur¬
rent coin of the kingdom was an offence not fufficiently
guarded againft by the common law : therefore it was
thought expedient by ftatute 5 Eliz. c. 11. to make
it high treafon, which it wras not at the common law :
fo that this wras an enlarging ftatute. At common lawT,
alfo, fpiritual corporations might leafe out their eftates
for any term of years, till prevented by the ftatute J 3
Eliz. before mentioned : this was therefore a rcjlraitu
ing ftatute.
Cbnitr^c Secondly, The rules to be obferved with regard to
tj,,n ,,t the conftruftion of ftatutes are principally thefe which
aauues. follow.
I. There are three points to be conffdered in the
A W.
597
conftruftion ot all remedial ftattites j the old law’, the Law of
mifebief, and the remedy } that is, how the common EnginiK?.
law ftood at the making of the aft ; what the mifehief v
was, for which the common law did not provide 5 and
w hat remedy the parliament hath provided to cure this
mifehief. And it is the bufinefs of the judges fo to
conftrue the aft, as to fupprefs the mifehief and ad¬
vance the remedy. Let us inftance again in the fame
reftraining ftatute of 13 Eliz. c. 10. By the common
law’, ecclefiaftical corporations might let as long leafes.
as they thought proper : the mifehief w’as, that they
let long and unreafonable leafes, to the impoveriftrment
of their fucceflbrs: the remedy applied by the ftatute
w’as by making void all 1 safes by ecclefiaftical bodies
for longer terms than three lives or 21 years. Now in
the conftruftion of this ftatute it is held, that leafes,
though for a longer term, if made by a biihop, are
not void during the bilhop’s continuance in his fee j
or, if made by a dean and chapter, they are not void
during the continuance of the dean; for the aft was
made for the benefit and proteftion of the fucceffor.
J he mifehief is therefore fufficiently fupprefied by va¬
cating them after the determination of the intereft of
the granters j but the leales, during their continuance,
being not within the mifehief, are not within the re-,
medy.
2. A ftatute, which treats of things or perfons of
an inferior rank, cannot by any general words be ex¬
tended to thofe of a fuperior. So a ftatute, treating
of “ deans, prebendaries, parfons, vicars, and others
having fpiritual promotion f is held not to extend to
biffiops, though they have fpiritual promotion 5 deans
being the higheft perfons named, and biffiops being of
a ftill higher order. ' «
3. Penal ftatutes muft be conftrued ftriftly. Thus
the ftatute 1 Edw. VI. c. 1 2. having enafted that thofe
who are convifted of Healing horfes thould not have the
benefit of clergy, the judges conceived that this did
not extend to him who fliould fteal but one horfe, and
therefore procured a new aft for that purpofe in the
following year. And, to come nearer to our own
times, by the ftatute 14 Geo. II. c. 6. Healing flteep or
other cattle, w-as made felony without benefit of clergy.
But thefe general words, “ or other cattle,” being
looked upon as much too loofe to create a capital of¬
fence, the aft w’as held to extend to nothing but mere
ftteep. And therefore, in the next feffions, it was
found neceflary to make another ftatute, 15 Geo. II.
c. 34. extending the former to bulls, cows, oxen, fteers,
bullocks, heifers, calves, and lambs, by name.
4. Statutes againft frauds are to be liberally and be¬
neficially expounded. This may feem a contradiftion
to the laft rule : moft ftatutes againft frauds being in.
their confequences penal. But this difference is here
to be taken : where the ftatute afts unon the offender,
and inflifts a penalty, as the pillory or a fine, it is then
to be taken ftriftly •, but when the ftatute afts upon
the offence, by fetting afide the fraudulent tranfaftion,
here
feffion of parliament taken together made properly but one ftatute : and therefore, when two feflions have
been he1d in one year, we ufually mention flat. 1. or 2. Thus the bill of rights is c>ted, as 1 W. & M. ft. 2..
c. 2. fign'fying that it is the fecond chapter or aft of the fecond ftatute, or the laws made in the fecond feftions j
of parliament held in the firft year of King William and Queen Mary.
\
598 LA
Law cf here it is to be conftrued liberally. Upon this footing
,Eng-i.f d the ftatute of 13 Eliz. c. which voids all gifts of
goods, &c. made to defraud creditors and others, was
held to extend by the general words |;o a gift made to
defraud the queen of a forfeiture.
5. One part of a liatute mail be fo conftrued by
another, that the whole may (if poffible) Hand : ut res
inagis valeat quam per eat. As if land be veiled in the
king and his heirs by add of ♦parliament, faving the
right of A; and A'has at that time a leafe of it for three
years } here A fhall hold it for his term of three years,
and afterwards it lhall go to the king. For this inter¬
pretation furniliies matter for every claufe of the lla-
tute to work, and operate upon. But,
6. A laving, totally repugnant to the body of the
add, is void. If therefore an add of parliament veils
land in the king and his heirs, faving the right of all
pcrfons whatfoever 5 or veils the land of A in the king,
faving the right of A : in either of thefe cafes the faving
is totally repugnant to the body of the llatute, and (if
good) would render the llatute of no effedd or operation 5
and therefore the faving is void, and the land veils ab-
lolutely in the king.
7. Where the common law and a llatute differ, the
common law gives place to the ilatute •, and an old
llatute gives place to a new one. And this upon the
general principle laid down in the lalt feddion, that
leges pojleriores priores contranas ahrogant. But this
is to be underllood only when the latter llatute is
couched in negative terms, or by its matter neceffarily
implies a negative. As if a former a£l fays, that a ju¬
ror upon fuch a trial lhall have twenty pounds a-year,
and a new ilatute comes and fays he fhall have twenty
merks j here the latter llatute, though it does not ex-
prefs, yet neceffarily implies, a negative, and virtually
repeals the former. For if twenty merks be made qua¬
lification fufficient, the former llatute which requires
twenty pounds is at an end. But if both the a<ds be
merely affirmative, and the fubltance fuch that both
may Hand together, here the latter does not repeal the
former, but they lhall both have a concurrent efficacy.
If by a former law an offence be indiddable at the
Quarter feffions, and a latter law makes the fame offence
indiddable at the affizes ; here the jurifdiflion of the
feffions is not taken away, but both have a concurrent
jurifdiddion, and the offender may be profecuted at
either : unlefs the new llatute fubjoins exprefs negative
words ; as, that the offence lhall be indiddable at the
affizes, and not elfewhere.
8. If a llatute, that repeals another, is itfelf re¬
pealed afterwards, the firlt llatute is hereby revived,
without any formal words for that purpofe. So when
the llatutes of 26 and 35 Henry VIII. declaring the
king to be the fupreme head of the church, were re¬
pealed by a llatute x and 2 Philip and Mary, and this
latter llatute was afterwards repealed by an add of
1 Eliz. there needed not any exprefs word of revival
in Queen Elizabeth’s ftatute, but thefe adts of King
Henry were impliedly and virtually revived.
9. Adis of parliament derogatory from the power of
fubfequent parliaments bind not. So the ftatute 1 x
Hen. VII. c. 1. which diredls, that no perfon for af-
fifting a king de faBo lhall be attainted of treafon
by adl of parliament or otherwife, is held to be good
only as to common profecutions for high treafon j
z
w.
Part II
but will not reftrain or clog any parliamentary at- Lwof
tainder. Becaufe the legillator, being in truth the kag'S-nd.
fovereign power, is always of equal, always ol abio- '■""'"V”—
lute authority : it acknowledges no fuperior upon earth,
which the prior legiflatufe muff have been ir its ordi¬
nances could bind the prefent parliament. And upon
the fame principle Cicero, in his letters to Atticus,
treats with a proper contempt thefe reftraining chutes,
which endeavour to tie up the hand of fucceeding k-
gillatures. “ When you repeal the law itfelf (fays he),
you at the fame time repeal the prohibitory claufe which ,
guards agaxnft fuch repeal.”
JO. Laftly, Adis of parliament that are impoffible
to be performed are of no validity : and if there arife
out of them collaterally any abfurd confequences, ma-
nifeftly contradidlory to common reafon, they are with
regard to thofe collateral confequences void. We lay
dowm the rule with thefe reftridlions ; though we know
it is generally laid dowm more largely, that adls of par¬
liament contrary to reafon are void. But if the parlia¬
ment wall pofitively enadl a thing to be done which is
unreafonable, w'e know of no power that can controul
it: and the examples ufually alleged in fupport of
this fenfe of the rule do none of them prove that where
the main objedl of a ftatute is unreafonable, the judges
are at liberty to rejedl it ; for that wmre to fet the ju¬
dicial powmr above that of the legillature, wheih would
be fubverfive of all government. But where fome col¬
lateral matter arifes out of the general words, and hap¬
pens to be unreafonable ; there the judges are in de¬
cency to conclude that this confequence was not fore-
feen by the parliament, and therefore they are at li¬
berty to expound the ftatute by equity, and only quoad
hoc difregard it. Thus if an aft of parliament gives a
man power to try all caufes that arife within his ma¬
nor of Dale; yet, if a caufe ffiould arife in which he
himfelf is party, the add is conftrued not to extend to
that, becaufe it is unreafonable that any man Ihould
determine bis own quarrel. But, if we could conceive
it poffible for the parliament to enaft, that he ftxould
try as well bis own caufes as thofe of other- perfons,
there is no court that has power to defeat the intent of
the legiflature, wffien couched in fuch evident and ex¬
prefs words as leave no doubt whether it was the in¬
tent of the legiflature or not.
Thefe are the feveral grounds of the laws of England:
over and above which, equity is alfo frequently called
in to affift, to moderate, and to explain them. What
equity is, and how impoffible in its very effence to be
reduced to ftated rules, hath been fliowm above. It
may be fufficient, therefore, to add in this place, that,
befides the liberality of fentiment with which our com¬
mon law' judges interpret afts of parliament, and fuch
rules of the unwritten law as are not of a pofitive kind,
there are alfo courts of equity eftabliffied for the be¬
nefit of the fubjeft, to deteft latent frauds and conceal¬
ments, which the procefs of the courts of law is not
adapted to reach ; to enforce the execution of fuch
matters of truft and confidence, as are binding in con-
feiertee, though not cognizable in a court of law ; to
deliver from fuch dangers as are owing to misfortune
or overfight 5 and to give a more fpecific relief, and
more adapted to the circumftances of the cafe, than
can always be obtained by the generality of the rules
of the pofitive or common law. This is the bufinefs
of
Chap. I. L A
Law of of the courts of equity, which however are only con-
England verfant in matters of property. For the freedom of
Epitomifed. our conftitution will not permit, that in criminal cafes
a power fhould be lodged in any judge to conftrue the
law otherwife than according to the letter. This cau¬
tion, while it admirably protefts the public liberty, can
never bear hard uoon individuals. A man cannot fuf-
fer more punifhment than the law afiigns, but he may
fuffer lefs. The laws cannot be flrained by partiality
to in died: a penalty beyond what the letter will warrant j
but, in cafes where the letter induces any apparent hard-
fliip, the crown has the power to pardon.
• The objefls of the laws of England are, I. The
rights of perfons. 2. The rights of things. 3. Pri¬
vate wrongs. 4. Public wrongs.
Chap. I. Of the Rights ^Persons.
Sect. I. Of the Ahfolute Rights of Individuals.
xliv. (1.) The objedds of the Laws of England are,
I. Rights, 2. Wrongs.
(2.) Rights are the rights of f>erfons, or the rights
of things.
(3.) The rights of perfons are fuch as concern, and
are annexed to, the perfons of men : and, when the
perfon to whom they are due is regarded, they are
called (amply) rights ; but, when we confider the per¬
fon from whom they are due, they are then denomi¬
nated, duties.
(g.) Perfons are either natural, that is, fuch as
they are formed by nature \ or artificial, that is,
created by human policy, as bodies politic or corpo¬
rations.
(5.) The rights of natural perfons are, 1. Ahfolute,
or fuch as belong to individuals. 2. Relative, or fuch
as regard members of fociety.
(6.) The ahfolute rights of individuals regarded by
the municipal laws (which pay no attention to duties,
- of the abfolute kind), compofe what is called political
or civil liberty..
(7.) Political or civil liberty is the natural liberty of
mankind, fo far reftrained by human laws as is necef-
fary for the good of fociety.
(8.) The abfolute rights or civil liberties of Englilh-
rnen, as frequently declared in parliament, are princi¬
pally three : the right of perfonal fecurity, of perfonal
liberty, and A private property.
(9.) The right of perfonal fecurity confifls in the le¬
gal enjoyment of life, limb, body, health, and repu¬
tation.
(10.) The right of perfonal liberty in the
free power of loco-motion, without illegal reliramt or
banifhment.
( 1 j.) The right oiprivate property confifts in every
man’s free ufe and difpofal of his own lawful acquifi-
tions, without injury or illegal diminution.
(12.) Befides thefe three primary rights, there are
others which are fecondary and fubordinate ■, viz. (to
preferve the former from unlawful attacks). 1. Ihe
conftitution and power of parliaments', 2. 1 he Lmita-
t:cn of the king’s prerogative •,—and (to vindicate them
when actually violated) •, 3. The regular adminiflration
of public juftice; 4. The right of petitioning for re-
w.
drefs of grievances 5 5. The right of having and
arms for felf-defence.
Sect. II. Of the Parliament.
r o
J u
1
e.::ng
L i-.v o'
Em- :anJ
KpitOrtiifecL
(1.) The relations of perfons are, 1. Public; 2. Pri¬
vate. The public relations are thofe of magifirates and
people. Magfirates are fuperior or fubordinate. And
of fupreme magiftrates, in England, the parliament is
the fupreme legfiative, the king the fupreme executive.
(2.) Parliaments, m feme fhape, are of as high an¬
tiquity as the Saxon government in this illand 5 and
have fubxifted, in their prefent form, at lead five hun¬
dred years.
(3.) The parliament is aflembled by the king’s
writs, and its fitting mult not be intermitted above
three years.
(4.) Its conftituent parts are the king’s majefty, the
lords fpintual and temporal, and the commons repre-
fented by their members : each of which parts has a
negative,or necefiary, voice in making laws.
(5.) With regard to the general law of parliament j
its power is abfolute : each houfe is the judge of its
owm privileges ; and all the members of either houfe are
entitled to the privilege of fpeech, of perfqn, of their
domeftics, and of their lands and goods.
(6.) The peculiar privileges of the lords (befides
their judicial capacity), are, to hunt in the king’s fo-
refts; to be attended by the fages of the law 5 to make
proxies; to enter protefb ; and to regulate the election
of the 16 peers of North Britain.
(7.) The peculiar privileges of the commons are, to
frame taxes for the fubjesd j and to determine the me¬
rits of their own eledfions, with regard to the qualifi¬
cations of the electors and eledted, and the proceedings
at elections themfelves.
(8.) Bills are ufually twice read in each houfe, com¬
mitted, engroffed, and then read a third time; and
when they have obtained the concurrence of both
houfes, and received the royal alfent, they become a&s
of parliament.
(9.) The houfes may adjourn themfelves 5 but the
king only can prorogue the parliament.
^10.) Parliaments are diflblved, 1. At the king’s
will. 2. By the demife of the crown, that is, within
fix months after. 3. By length of time, or having
fat for the fpace of feven years.
Sect. III. Of the King and his Title.
(1.) The fupreme executive power of this kingdom xlvk
is lodged in a iingle perfon •, the king or queen.
(2.) This royal perfon may be confidered with re¬
gard to, 1. His title. 2. His royal family. 3. His
councils. 4. His duties. 5. His prerogative. 6. His
revenue.
(3.) With regard to his title ; the crown of England,
by the pofitive conftitution oi the kingdom, hath ever
been defcendible, and fo continues.
(4.) The crown is dei’cendible in a courfe peculiar
to itfelf.
(5.) This courfe of defeent is fubject to limitation
by parliament.
(6.) Notwithftanding fuch limitations, the crown
retains
{‘°co ^ ^ L A
^Timl feta'nS 'ns dcf"cend;ble quality, and becomes hereditary
rEpitoiriiied.in the Pr''ice to whom it is limited.
*——y-™— _ (7.) King Egbert, King Canute, and King Wil¬
liam I. have been fucceffively condituted the common
Hocks, or anceflors, of this defcent.
(8.) At the Revolution the convention of eftates, or
reprefentative body of the nation, declared, that the
mifeonduct of King James II. amounted to an abdica¬
tion of the government, and that the throne was there¬
by vacant.
(9.) In confequence of this vacancy, and from a re¬
gard to the ancient line, the convention appointed the
next Proteilant heirs of the blood royal of King
Charles I. to fill the vacant throne, in the old order
of fucceffion 5 wdth a temporary exception, or prefe¬
rence, to the perfon of King William III.
(10.) On the impending failure of the Proteflant line
of King Charles I. (whereby the throne might again
have become vacant) the king and parliament extended
the fettlement of the crown to the Proteftant line of
King James I. viz. to the princefs Sophia of Hanover,
and the heirs of her body, being Proteftants : And fhe
is now the common flock, from whom the heirs of the
crowm muft defcend.
Sect. IV. Of the King's Royal Family.
xlvii. (1 •) The king’s royal family confifts, firft, of the
queen : who is regnant, confort, or dowager.
(2.) The queen confort is a public perfon, and hath
many perfonal prerogatives and diflinfl revenues.
OO The prince and princefs of Wales, and the
princefs-royal, are peculiarly regarded by the law.
(4.) The other princes of the blood-royal are only
entitled to precedence.
Sect. V. Of the Councils belonging to the King.
w; Part 11.
(3.) The tlirett prerogatives regard, I. The king's Law of
dignity, or royal character 5 2. H:s authority, or regal EnSTiand
power: q. His revenue, or royal income. Epitoajifed.
(4-) The king's dignity conlifls in the legal attributes
of, 1/ Perfonal fovereignty. 2, Abfolute perfc&ion.
3. Political perpetuity.
(5.) In the king's authority, or regal power, confifls
the executive part of government.
(6.) Inconcerns; the as the reprefenta¬
tive of the nation, has the right ox prerogative, 1. Of
fending and receiving ambafladors. 2 Of making trea¬
ties.^ 3. Of proclaiming war or peace. 4. Of iffuing
reprifals. 5. Of granting fafe condufts.
(7.) In dotnefic affairs ; the king is, firft, a conili-
tuent part of the fupreme legiflative power; hath a
negative upon all newr laws ; and is bound by no fta-
tute, unlefs fpecially named therein.
(8.) He is alfo confidered as the general of the king¬
dom, and may raife fleets and armies, build forts, ap¬
point havens, eredl beacons, prohibit the exportation
of arms and ammunition, and confine his fubjefts with¬
in the realm, or recal them from foreign parts.
(9.) Ihe king is alfo the fountain of juftice, and
general confervator of the peace ; and therefore may
erefl courts (wdiere he hath a legal ubiquity), pro-
fecute offenders, pardon crimes, and iffue proclamations.
(10.) He is likewife the fountain of honour, of of¬
fice, and of privilege.
(1 1.) He is alfo the arbiter of domefic commerce ;
(not of foreign, which is regulated by the law of mer¬
chants) ; and is therefore entitled to the eredlion of
public marts, the regulation of weights and meafures,
and the coinage or legitimation of money.
(12.) The is, laftly, the fupreme head of the
church ; and, as fuch, convenes, regulates, and diffolves
fynods, nominates bifhops, and receives appeals in all
ecclefiaftical caufes.
-xlvm. (1.) The king's councils are, 1. The parliament.
2. I he great council of peers. 3. The judges, for
matters of law. 4. The privy council.
(2.) In privy counfeHors may be confidered, 1. Their
creation. 2. Their qualifications. 3. Their duties.
4. Their powers, c. Their privileges. 6. Their dif-
folution.
Sect. VI. Of the King's Duties.
xlbr. (1.) The king's duties, are to govern his people ac¬
cording to law, to execute judgment in mercy, and to
maintain the eftabliftied religion. Thefe are his part
of the original contraft between himfelf and the peo¬
ple ; founded in the nature of fociety, and expreffed in
his oath at the coronation.
Sect. VII. Of the King's Prerogative.
I. (1.) Prerogative is that fpecial power and pre¬
eminence w’hich the king hath above other perfons,
and out of the ordinary courfe of law, in right of his
regal dignity.
(2.) Such prerogatives are either direB, ox incidental.
The incidental, arifing out of other matters, are confi¬
dered as they ariie : We now treat only ol the direff.
Sect. VIII. Of the King's Revenue.
(r.) The king's revenue is either ordinary or extra¬
ordinary. And the ordinary is, 1. Ecclefajlical. 2. Tem¬
poral.
(2.) The king's ecclefafical revenue confifts in,
I. The cuftody of the temporalties of vacant bifhop-
rics. 2. Corodies and penfions. 3. Extra-parochial
tithes. 4. The firft fruits and tenths of benefices.
(3.) The king's ordinary temporal revenue confifts
in, 1. 'The demelhe lands of the crown. 2. The here¬
ditary excife ; being part of the confideration for the
purchafe of his feodal profits, and the prerogatives of
purveyance and pre-emption. 3. An annual fum iffuing
from the duty on wane licenies ; being the refidue of the
fame confideration. 4. His forefts. 5. His courts of
juflice. 6. Royal filh. 7. Wrecks, and things jetfam,
flotfam, and ligan. 8. Royal mines. 9. Treafure trove.
IO. Waifs. 11. Eftrays. 12. Forfeitures for offences,
and deodands. 13. Efcheats of lands. 14. Cuftody
of ideots and lunatics.
(4.) The king's extraordinary revenue, confifts in
aids, fubfidies, and fupplies, granted him by the com¬
mons in parliament.
(5.) Heretofore thefe were ufually raifed by grants
of the (nominal) tenth or fifteenth part of the move¬
ables
1
Chap. I, L A W.
Lawof ables in every town (hip j or by fcutages, bydages, and
Epkoraifed talliages > vvhich were Succeeded by fubftdies affeffed
u.—v- upon individuals, with refpea to their lands and goods.
(6.) A newr fyftem of taxation took place about the
time of the Revolution : our modern taxes are therefore,
l. Annual. 2. Perpetual.
(7-) ^ie annual taxes are, 1. The land tax, or the
ancient fublidy raifed upon a new affelTment. 2. The
malt tax, being an annual excife on malt, mum, cyder,
and perry.
(8.) The perpetual taxes are, 1. The cuftoms, or
tonnage and poundage of all merchandife exported or
imported. 2. Ihe exciie duty, or inland impofition
on a great variety of commodities. 3. The fait duty,
or excife on fait. 4. 1 he poll office, or duty for the
carriage of letters. 5. The damp duty on paper,
parchment, &c. 6. T he duty on houfes and windows.
7. 1 he duty on liceufes for hackney coaches and chairs.
8. The duty on offices and penfions.
(9.) Part of this revenue is applied to pay the inte-
ireft of the national debt, till the principal is difchar-
ged by parliament.
(10.) The produce of thefe feveral taxes were ori¬
ginally feparate and fpecijic funds, to anfwer fpecifc
loans upon their refpe£Hve credits; but are now con-
folidated by parliament into three principal funds, the
aggregate, general, and South fea funds, to anfwer all
the debts of the nation : the public faith being alfo
fuperadded, to fupply deficiencies, and flrengthen the
fecurity of the whole.
(11.) The lurpluffes of thefe funds, after paying the
interelf of the national debt, are carried together, and
denominated \\\tfnhing fund : which, unlefs otherwife
appropriated by parliament, is annually to be applied
towards paying off fome part of the principal.
( 12.) But, previous to this, the aggregate fund is
now charged with an annual fum for the civil lift;
which is the immediate proper revenue of the crown,
fettled by parliament on the king at his acceffion, for
defraying the charges of civil government.
Sect. IX. Of Subordinate Magiftrates.
lii. (1.) Subordinate magiftrates, of themoft general ufe
and authority, are, 1. Sheriffs. 2. Coroners. 3. Juft ices
of the Peace. 4. Conftables. 5. Surveyors of the high¬
ways. 6. Overfeers of the poor.
(2.) i he fheriff is the keeper of each county, annual¬
ly nominated in due form by the king ; and is (within
his county) a judge, a confervator of the peace, a mini-
fterial officer, and the king’s bailiff.
(3.) Coroners are permanent officers of the crown in
each county, eleded by the freeholders-, whofe office
it is to make inquiry concerning the death of the king’s
fubjedls, and certain revenues of the crown 5 and alfo,
in particular cafes, to fupply the office of ffieriff.
(4-) Juftices of the peace are magiftrates in each
county, ftatutably qualified, and commiffioned by the
king’s majefty : with authority to conferve the peace ;
to hear and determine felonies, and other mifdemea-
nors j and to do many other a£ts committed to their
charge by particular ftatutes.
,(S-) Conftables are officers of hundreds and town-
ftiips, appointed at the Icet, and empowered to preferve
Voi.. XI. Part II. "
the peace, to keep watch and ward, and to apprehend
offenders.
(6.) Surveyors of the highways are officers appoint¬
ed annually in every parilh 5 to remove annoyances in,
and to diredl the reparation of the public roads.
(7.) Overfeers of the poor are officers appointed an¬
nually in every parifli j to relieve fuch impotent, and
employ fuch fturdy poor, as are fettled in each parifti,
by birth,—by parentage,—-by marriage,—or by
40 days refidence; accompanied with, 1. Notice.
2. Renting a tenement of ten pounds annual value.
3. Paying their affelTed taxations. 4- Serving an an¬
nual office. 5. Hiring and fervice for a year. ’ 6. Ap-
prenticelhip for feven years. 7. Having a fufficient
eftate in the parilh.
Sect. X. Of the People, whether Aliens, Denizens, or
Natives.
(r.) The people are either aliens, that is, born out of
the dominions or allegiance of the crown of Great
Britain j or natives, that is, born within it.
(2.) Allegiance is the duty of all fubjeds; being
the reciprocal tie of the people to the prince, in return
for the piote&ion he affords them j and, in natives, this
duty of allegiance is natural and perpetual : in aliens,
is local and temporary only.
(dO The rights of natives are alfo natural and per¬
petual : thofe oi aliens, local and temporary only j un¬
lefs they be made denizens by the king, or naturalized
by parliament.
Sect. XI. Of the Clergy,
(1.) The people, whether aliens, denizens, or na¬
tives, are alfo either clergy, that is, all perlons in holy
orders, or in ecclefiaftical offices: or laity, which com
prehends the reft of the nation.
(2.) The clerical part of the nation, thus defined,
are, 1. Archbifhops and biftiops; who are eleded by
then feveral chapters at the nomination of the crown,
and afterwards confirmed and confecrated by each other.
2. Deans and chapters. 3. Archdeacons. 4. Rural
deans. 3. Parfons (under which are included appro-
pnators) and vicars j to whom there are generally re-
qinfite, holy orders, prefentation, inftitution, and induc¬
tion. 6. Curates. To which may be added, 7. Church
wardens. 8. Pariffi clerks and fextons.
Sect. XII. Of the Civil State.
(1.) The laity are divifible into three ftates ; civil
military, and maritime.
( 2.) The civil ftate (which includes all the nation,
except the clergy, the army, and the navy, and many
individuals among them alfo), may be divided into the
nobility and the commonalty.
(3.) The nobility are dukes, marquifes, earls, vif-
counts, and barons. Thefe had anciently duties annex¬
ed to their refpeffive honours : they are created either
by writ, that is, by fummons to parliament j or by the
king’s letters patent, that is, by royal grant : and they
enjoy many privileges exclufive of their fenatorial ca¬
pacity.
4 G
60I
Law of
England
Epitomifed.
liii.
liv.
lv.
(4.) The
<502 L A
f 'Y C4-) TIic commonalty conilft of knights of the garter,
Epitomifed knlghts bannerets, baronets, knights of the bath, knights
bachelors, efquires, gentlemen, yeomen, tradefmen, ar¬
tificers, and labourers.
Sect. XIII. Of the Military and Maritime States.
(l.) The military fate, by the Handing conflitu-
tional law, confifts of the militia of each county, raif-
ed trom among the people by lot, officered by the
principal landholders, and commanded by the lord lieu¬
tenant.
(2.) The more difciplined occafional troops of the
kingdom are kept on foot only from year to year by
parliament; and, during that period, are governed by
martial law, or arbitrary articles of war, formed at the
plealure of the crown.
(3.) The maritime Hate confifts of the officers and
mariners of the Brit! !h navy j who are governed by ex-
prefs and permanent laws, or the articles of the navy,
eftablilhed by atl of parliament.
Sect. XIV. Of Mafer and Servants.
(1.) The private, economical, relations, of perfons
are tbofe of, 1. Mafer and fervanls. 2. Hufband and
wife! 3. Parent and child. 4. Guardian and ward.
(2.) The firft relation may fubfift between a mafer
and four fpecies of fervants ; (for flavery is-unknown
to our laws) : viz. 1. Menial fervants j who are hired.
2. Apprentices 5 who are bound by indentures. 3. La¬
bourers j who are cafually employed. 4. Stewards, bai¬
liffs, and factors ; who are rather in a min ferial ftate.
(3.) From this relation refult divers powers to the
mafter, and emoluments to the fervant.
(4.) The mafter hath a property in the fervice of
his lervant 5 and muft be anfwerable for fuch afts as
the fervant does by his exprefs, or implied, command.
Part n.
(2.) Children are, 1. Legitimate; being thofe who Law of
are born in lawful wedlock, or within a competent time England
after. 2. Bafards, being thofe who are not fo. Epitomifed..
(3.) I he duties of parents to legitimate children are, v *3
1. Maintenance. 2. Protedlion. 3. Education.
(4.) ^ne power of parents confifts principally in cor-
reftion, and confent to marriage. Both may after death
be delegated by will to a guardian ; and the former al-
fo, living the parent, to a tutor or mafter.
(3.) Ihe duties of legitimate children to parents are
obedience, protedlion, and maintenance.
(6.) The duty of parents to bafards is only that of
maintenance.
(7.) The rights of a bafard are fuch only as he can
acquire ^ for he is incapable of inheriting any thing.
Sect. XVII. Of Guardian and Ward.
(1.) The fourth private relation is that of guardian Is-
and ward, which is plainly derived from the laid 5 thefe
being, during the continuance of their relation, recipro¬
cally fubjedt to the fame rights and duties.
(2.) Guardians are of divers forts : 1. Guardians by
nature, or the parents. 2. Guardians for nurture, af-
figned by the ecclefiaftical courts. 3. Guardians in fo-
cage, adigned by the common law. 4. Guardians by
ftatute, affigned by the father’s will. All fubjedl to
the fuperintendance of the court of chancery.
(3.) Full age m male or female for all purpofes k
the age of 21 years (different ages being allowed for
different purpofes) ; till which age the perfon is an in-
fant.
(4.) An infant, in refpedt of his tender years, hath
various privileges, and various difabilities, in law;
chiefly with regard to fuits, crimes, eftates and con-
tradls.
Sect. XVIII. Of Corporations.
Sect. XV. Of Hufband and Wife.
jV^‘* (i.) The fecond private relation is that of marriage;
which includes the reciprocal rights and duties of
hufband and wife.
(2.) Marriage is duly contradled between perfons,
1. Confenting. 2. Free from canonical impediments,
which make it voidable. 3. Free alfo from the civil im¬
pediments,—of prior marriage,—of want of age—of
non-confent of parents or guardians, where requifite,
—and of wTant of reafon ; either of which make it to¬
tally void. And it muft be celebrated by a clergyman
in due form and place.
(3.) Marriage is diffolved, 1. By death. 2. By di¬
vorce in the fpiritual court : not a menfa et thoro only,
but a vinculo matrimonii, for canonical caufe exiiting
previous to the contraft. 3. By aft of parliament, as
for adultery.
(4.) By marriage the hufband and wife become one
perfon in law j which unity is the principal foundation
of their refpeftive rights, duties, and dilabilities.
Sect. XVI. Of Parent and Child.
ix, C1-) third, and moft univerfal private relation,
vs that of parent and child.
(1.) Bodies politic, or corporations, which are arti- Ixr.
fcial perfons, are eftabliftied for preferving in perpetual
fucceffion certain rights ; which, being conferred on
natural perfons only, would fail in procefs of time.
(2.) Corporations, are, 1. Aggregate, confiding of
many members. 2. Sole, confifting of one perfon only.
(3.) Corporations are alfo either fpiritual, erefted to
perpetuate the rights of the church •, or lay. And the
lay are, 1. Civil; erefted for many temporal purpofes.
2. FJecmofynary; erefted to perpetuate the charity of
the founder.
(4.) Corporations are ufually erefted and named by
virtue of the king’s royal charter 5 but may be created
by aft of parliament.
(5.) The powers incident to all corporations are,
1. To maintain perpetual fucceffion. 2. To aft in their
corporate capacity like an individual. 3. To hold lands,
fubjeft to the ftatutes of mortmain. 4. To have a com¬
mon feal. 5. To make by-laws. Which laft power,
in fpiritual or eleemofynary corporations, may be exe¬
cuted by the king or the founder. «■
(6.) The duty of corporations is to anfw^er the ends
of their inftitution.
(7.) To enforce this duty, all corporations may be
vifted: fpiritual corporations by the ordinary j lay cor¬
porations by the founder, or his reprefentatives; viz.
the
Chap. IT. L
L.S.Wof the civil by the king (who Is the fundator incipiens of
Epnon.ifed, a11 rePrefcllteti In his court of king’s bench j the elee-
*—yL.. mofynary by the endower (who is the fundatorperji-
ciens of fuch), or by his heirs or afligns.
(8.) Corporations may be diffolved, I. By aft of
parliament. 2. By the natural death of ail their mem¬
bers. 3. By furrender of their franchifes. 4. By for¬
feiture of their charter.
1'xii.
ftriii;
Chap. II. Of the Rights ^Things.
Sect. I. Of Property in General.
_ (1.) Aix dominion over external objefts has its ori¬
ginal from the gift of the Creator'to man in general.
(2.) I he fubfance ol was, at firlt, common
to all mankind ; yet a temporary property in the ufe
of them, might even then be acquired, and continued,
by occupancy.
(3*) procefs of time a permanent property rvas
eftablilhed in the fubfance, as well as the ufe, of things j
which’was alfo originally acquired by occupancy only.
(4.) Left this property ftrould determine by the
Dwmer’s dereliftion or death, w'hereby the thing would
again become common, focieties have eftabiiftied con¬
veyances, wills, and heirfnps, in order to continue the
property of the firft occupant: and, w’here by accident
iuch property becomes difcontinued or unknown, the
thing ufually refults to the fovereign of the ftate, by
virtue of the municipal law.
( 5.) But of fome things, which are incapable of per¬
manent fubftantial dominion, there ftill lubfifts only the
iame tranfient ufufruftuary property, which originally
fubfifted in all things.
A W.
of things corporeal, or concerning, or annexed to, or
cxercifable within the fame.
(2.) Incorporeal hereditaments are, 1. Advovofons,
2. Tithes. 3. Commons. 4. Ways. 5. Offices. 6. Dig¬
nities. 7. Franchifes. 8. Corodies or penfions. 9. An¬
nuities 1 o. Rents.
(30 An advowfon is a right of prefentation to an
eccleliaftical benefice ; either appendant, or in grofs.
This maybe, 1. Prefentative. 2. Collative. 2. Do¬
native. 0
.(4-) Tithes are the tenth part of the increale yearly
anfing from the profits and flock of lands, and the per-
fonal induftry of mankind. Thefe, by the ancient and
pofitive law of the land, are due of common right to
the parfon, or (by endowment) to the vicar j unlefs
Ipecially. difcharged, 1. By real compofition. 2. By
prefcription, either de modo decimandi, or de non deci-
mando. ,,
(5.) Common is a profit which a man hath in the
land of another ; being, 1. Common of pafture, which
is either appendant, appurtenant, becaufe of vicinage,
or m grofs. 2. Common of pifcary. 3. Common of
turbary. 4. Common of eftovrers, or botes.
(6.) Ways are a right of palling over another man’s
ground.
(7-) Offices are the right to exercife a public or pri¬
vate employment.
(8.) For dignities, which are titles of honour, fee
chap. i. feft. 1 2.
(9-) Franchifes are a royal privilege, or branch of
the king’s prerogative, fubfifting in the hands of a fub-
jeft.
(i°.) Corodies are allotments for one’s fuftenancej
which may be converted into pen/ions, fee chap. i.
feft. 8. 1
60s
Law of
England
Epitomifed,
Sect. II. Of Real Property ; and, Jirf, of Corporeal
Hereditaments.
3xiv.
(I.) In this property, or exclufive dominion, confift
the rights of thingsi which are, 1. Things real. 2. Things
perfonal.
(2.) In things real may be confidered, j. Their fe-
veral kinds. 2. The tenures by which they may be
holden. 3. The ejlates which may be acquired there¬
in. 4. Their title, or the means of acquiring and lofing
them. °
(3.) All the feveral kinds of things real are reduci¬
ble to one of thefe three, viz. lands, tenements, or he¬
reditaments; whereof the fecond includes the firft, and
the third includes the firft and fecond.
(A,.') Hereditaments, therefore, or whatever may come
to be. inherited (being- the moil comprebenfive" deno¬
mination of things real), are either corporeal or incor¬
poreal,
(50 Corporeal hereditaments confift wholly oi lands,
in their largeft legal fenfe ; wherein they include not
only the face of the earth, but every other objeft of
fen(e adjoining thereto, and fubfifting either above or
beneath it.
Sect. III. Of Incorporeal Hereditaments.
Ixr. (1 •) Incorporeal hereditaments are rights ifluing out
\
(11.) An annuity is a yearly fum of money, char¬
ged upon the perfon, and not upon the lands of the
granter.
(12.) Rents are a certain profit iffuing yearly out
of lands and tenements; and are reducible to, 1. Rent-
fervice. 2. Rent-charge. 3. Rent-feck.
Sect. IV. Of the Feodal Syflem.
(1.) The doftrine of tenures is derived from the Ixvj
feodal law ; which was pla ted in Europe by its nor¬
thern conquerors at the diffolution of the Roman em¬
pire.
( 2.) Pure and proper feuds Were parcels of land allot¬
ted by a chief to his followers, to be held on the con¬
dition of perfonally rendering due military fervice to
their lord.
(3.) Thefe were granted by inveftiture; w'ere held
under the bond of fealty ; w-ere inheritable only by de¬
fendants ; and could not be transferred without the
mutual confetot of the lord and vaffal.
(4.) Improper feuds were derived from the other;
but differed from them in their original, their fervices
and renders, their dcfcent, and other circumftances.
(v) i he lands of England were converted into
feuds, of the .improper kind, foon after the Norman
conqueft ; which gave rife to the grand maxim of te¬
nure, viz. That all lands in the kingdom are holden,
mediately or immediately, of the king.
4 G 2 Sect,
1
6c4
Law of
England
Epitoinifed.
ixvii.
A \V.
Sect. V. Of the Ancient Englijh Tenures,
(l.) The diftincHon of tenures confided in the na¬
ture of their fervices: as, I. Chivalry, or knight-fervice ;
where the fervice was free, but uncertain. 2. Free fo-
cage; where the fervice w as free, and certain. 3. Pure
villenage; where the fervice was bafe, and uncertain.
4. Privileged villenage, or villein focage ; where the fer¬
vice w'as bafe, but certain.
(2.) The mod univerfal ancient tenure w as that in
chivalry, or by knight-fervice; in which the tenant of
every knight’s fee wras bound, if called upon, to attend
his lord to the wars. This was granted by livery, and
perfefted by homage and fealty j which ufually drew
after them fuit of court.
(3.) The other fruits and confequences of the te¬
nure by knight-fervice were, 1. Aid. 2. Relief.
3. Primer feifin. 4. Wardlhip. 5. Marriage. 6. Fines
upon alienation, y. Efcheat.
(4.) Grand ferjeanty differed from chivalry princi¬
pally in its render, or fervice ; and not in its fruits and
confequences.
(5 ) perfonal fervice in chivalry was at length
gradually changed into pecuniary ad'effments, which
were called fculage by efcuage.
(6.) Thefe military tenures (except the fervices of
grand ferjeanty) were, at the redoration of King
Charles, totally abolilhed, and reduced to free focage
by ad of parliament.
Sect. VI. Of the Modern Englifh Tenures.
Ixviii. (i.) Free focage is a tenure by any free, certain, and
determinate fervice.
(2.) This tenure, the relick of Saxon liberty, in¬
cludes petit ferjeanty, tenure in burgage, and gavel¬
kind.
(3.) Free focage lands partake drongly of the feodal
nature, as Avell as thofe in chivalry : being holden ;
fubjed to fome fervice, at the lead to fealty and fuit of
court j fubjed to relief, to wardfhip, and to efcheat,
but not to marriage ; fubjed alfo formerly to aids, pri¬
mer feifin, and fines for alienation.
(4.) Pure villenage was a precarious and flavifh te¬
nure, at the abfolute will of the lord, upon uncertain
fervices of the bafed nature.
(5.) From hence, by tacit confent or encroachment,
have arifen the modern copyholds, or tenure by copy of
court-roll : in w:hich lands may be dill held at the
(nominal) will of the lord, (but regulated) according
to the cudom of the manor.
(6.) Thefe are fubjed, like focage lands, to fervi¬
ces, relief, and efcheat 5 and alfo to heriots, wardlliip,
and fines upon defcent and alienation.
(7.) Privileged villenage, or villein focage, is an ex¬
alted fpecies of copyhold tenure, upon bafe, but cer¬
tain, fervices ; fubfiding only in the ancient demefnes
of the crown •, whence the tenure is denominated the
tenure in ancient demefne.
(8.) Thefe copyholds of ancient demefne have di¬
vers immunities annexed to their tenure j but are dill
held by copy of court roll, according to the cudom of
the manor, though not at the will of the lord.
(9.) Frankalmoign is a tenure by fpiritual fervices at
large, whereby many eccleliadical and eleemofynary
corporations now hold their lands and tenements ; be¬
ing of a nature didind from tenure by divine fervice in
certain.
Sect. VII. Of Freehold Efates of Inherit ance.
(x.) Edates in lands, tenements, and hereditaments,
are fuch intered as the tenant hath therein ; to afcertain
which, may be confidered, 1. T\\z quantity oi interef.
2. The time of enjoyment. 3. The number and con~
nexions of the tenants.
(2.) Edates, with refped to their quantity of inte-
ref, or duration, are either freehold, or lefs than free¬
hold.
(3*) A freehold edate, in lands, is fuch as is creat¬
ed by livery of feifin at common law ; or, in tene¬
ments of an incorporeal nature, by what is equivalent
thereto.
(4.) Freehold edates are either edates of inheri¬
tance, or not of inheritance, viz. for life only : and in¬
heritances are, 1. Abfolute, or feejimple. 2. Limited
fees.
(5.) Tenant in fee fmple is he that hath lands, te¬
nements, or hereditaments, to hold to him and his heirs
for ever.
(6.) Limited fees are, 1. Qualified, or bafe, fees.
2. Fees conditional at the common law.
(7.) Qualified or bafe fees are thofe which, having
a qualification fubjoined thereto, are liable to be de¬
feated when that qualification is at an end.
(8.) Conditional fees, at the common law, were fuch
as were granted to the donee, and the heirs of his
body, in exclufion of collateral heirs.
(9.) Thefe were held to be fees, granted on condi¬
tion that the donee had iffue of his body j which con¬
dition being once performed by the birth of iffue, the
donee might immediately alien the land : but the da-
tute de donis being made to prevent fuch alteration,
thereupon from the divifion of the fee (by condrubtion
of this datute into a particular edate and a reverlion,
the conditional fees began to be called fees tail.
(10.) All tenements real, or favouring of the realty,
are fubjed to entails.
(if.) Edates tail may be, 1. General, or fpecial j-
2. Male, or female ; 3. Given in frank marriage.
(x 2.) Incident to edates tail are, 1. Wade. 2.
Dower. 3. Curtefy. 4. Ear ;—by fine, recovery, or
lineal warranty with affets.
(13.) Edates tail are now, by many datutes and re-
folutions of the courts, almod brought back to the
date of conditioual fees at the common law.
%
Sect. VIII. Of Freeholds, not of Inheritance.
([.) Freeholds, not of inheritance, or for life only,
are, 1. Conventional, or created by the ad of the par¬
ties. 2. I^egal, or created by operation of law\
(2.) Conventional edates for life are ci’eated by an
exprefs grant for term of one’s own life, or pur outer
vie ; or by a general grant, without expreding any term
at all.
(3.) Incident to this, and all other.edates for life,
are.
Part II.
Law of
England
Epicomifed.
Ixix.
Ixx.
Chap. II. L A W.
Law of are eftovers, and emblements: and to eftates/><?r
England v'e general occupancy was alfo incident ; as fpecial oc-
. P1 ei“cupancv itill is, if cejluy que vie furvives the tenant.
(4.) Legal eftates for life are, 1. Tenancy in tail,
after poflibility of iffue extinB. 2. Tenancy by the
curtefy of England. 3. Tenancy in dower.
(5-) Tenancy in tail, afterpofftbility of illue extinB,
is where an eftate is given in fpecial tail ; and, before
ifl'ue had, a perfon dies from whofe body the iffue was
to fpring ; wdiereupon the tenant (if furviving) becomes
tenant in tail, after pojjibility of iltue extinB.
(6.) This eltate partakes both of the incidents to an
eftate tail, and thole of an eftate for life.
(7.) Tenancy by the curtefy of England is where a
man’s wdfe is feized of an eftate of inheritance } and he
by her has iffue, born alive, which was capable of in¬
heriting her eftate ; in which cafe he lhall, upon her
death, hold the tenements for his own life, as tenant
by the curtejy.
(8.) Tenancy in dower is where a woman’s hufband
is leized of an eftate of inheritance, of which her iffue
might by any poflibility have been heir ; and the huf¬
band dies : the woman is thereupon entitled to dower,
or one-third part of the lands and tenements, to hold
for her natural life.
(9.) Dower is either by the common law, by fpe¬
cial cuftom ; ad ofium ecclefice ; or, ex ajfenfu patris.
(10.) Dower may be forfeited or barred, particular¬
ly by an eftate in jointure.
Sf.ct. IX. Of EJlates lefs than Freehold.
Ixxi. (j#) Eftates lefs than freehold are, 1. Eftates for
years. 2. Eftates at will. 3. Eftates at fvfferancc.
(2.) An eftate for years is where a man, feized of
lands and tenements, letteth them to another for a cer¬
tain period of time, which transfers the intereft of the
term ; and the leffee enters thereon, which gives him
poffeftion of the term, but not legal feifin of the
land.
(3.) Incident to this eftate are eftovers ; and alfo
emblements, if it determines before the full end of the
term.
(4.) An eftate at u>///is where lands are let by one
man to another, to hold at the will of both parties \
and the leffee enters thereon.
(5.) Copyholds are eftates held at the wall of the
lord, (regulated) according to the cuftom of the
manor.
(6.) An eftate -at fufferance is where one comes into
poffeffion of land by lawful title, but keeps it afterwards
without any title at all.
Sect. X. Of EJlates upon Condition.
Ixxii. (r.) Eftates (whether freehold or otherwife) may
alfo be held upon condition ; in which cafe their exift-
ence depends on the happening, or not happening, of
fome uncertain event.
(2.) Thefe eftates are, 1. On condition implied.
2. On condition exprejfed. 3. Eftates in gage. 4. E-
ftates by Jlatute, merchant or ftaple. 5. Eftates by
elegit.
(3.) Eftates on condition implied are where a grant
of an eftate has, from its effenge and conftitution, a
condition infeparably annexed to it j though none be Law of
expreffed in words. England
(4.) Eftates on condition exprejfed are where an ex-
prefs qualification or provifion is annexed to the grant
of an eftate.
(5 ) On the performance of thefe conditions either s
expreffed or implied (if precedent) the eftate may be
veiled or enlarged; or, on the breach of them (if
^fubfequent) an eftate already veiled may be defeated.
(6.) Eilates in gage, in vadio, or in pledge, are e-
ftates granted as a fecurity for money lent ; being,
1. In vivo vadio, or living gage; wrhere the profits of
land are granted till a deb. be paid, upon which pay¬
ment the granter’s eftate will revive. 2. In mortuo va¬
dio, in dead, or mart gage; where an eftate is granted,,
on condition to be void at a day certain, if the grant-
er then repays the money borrowred 5 on failure of
which, the eftate becomes abfolutely dead to the
granter.
(7.) Eftates by fatute-merc\\?a\t, or yftf///A?-ftaple,
are alfo eftates conveyed to creditors, in purfuance of
certain ftatutes, till their profits fhall difeharge the
debt.
(8.) Eftates by elegit are where, in confequence of
a judicial writ fo called, lands are delivered by the
Iheriff to a plaintiff, till their profits lhall fatisfy a debt
adjudged to be due by law.
Sect. XI. Of EJlates in Pofefion, Remainder, and Re-
verjion.
(x.) Eftates, with refpeft to their time of enjoy- Ixxhi*
meat, are either in immediate pojfejfion, or in expeBan-
cy ; which eftates in expeBancy are created at the fame
time, and are parcel of the fame ertates, as thofe upon
which they are expectant. Thefe are, 1. Remainders,
2. Reverjions.
(2.) A remainder is an eftate limited to take effe£f,
and be enjoyed, after another particular eftate is de¬
termined.
(3.) Therefore, 1. There mull be a precedent par¬
ticular eflate, in order to fupport a remainder. 2. The
remainder muft pafs out of the granter, at the creation
of the particular eftate. 3. The remainder muft veil
in the grantee, during the continuance, or at the de¬
termination, of the particular eftate.
(4.) Remainders are, 1. Veiled 5 where the eftate
is fixed to remain to a certain perfon, after the particu¬
lar eftate is fpent. 2. Contingent; where the eftate is
limited to take effecl, either to an uncertain perfon, or
upon an uncertain event.
(5.) An executory devife is fuch a difpofition of
lands, by will, that an eftate lhall not veil thereby at
the death of the devifor, but only upon fome future
contingency, and without any precedent particular
eftate to fupport it*
(6.) A reverfon is the refidue of an eftate left in the
granter, to commence in poffeffion after the determi¬
nation of fome particular eftate granted ; to which are
incident fealty, and rent.
(7.) Where two eftates, the one lefs, the other
greater, the one in poffeffion, the other in expec¬
tancy, meet together in one and the fame perfon, and
in one and the fame right, the lefs is merged in the
greater.
Sect.
606 h A
Law of *
Enkomiful SECT’ XIL °fEJat's, in Severn/t2/, Joint Tenancy,
i1  ' Coparcenary, and Common.
_ Lxxiv. (i.) Eftatcs, with refpeft to the number and con¬
nexions of their tenants, may be held, i. In feveral-
ty. 2. \w joint tenancy. 3. In coparcenary. 4. In
common.
(2.) An edate in feveralty is where one tenant holds
it in his own foie right, without any other perfon being
joined with him.
(3.) An eftate in joint tenancy is wdiere an eftate is
graced to two or more perfons j in which cafe the
laws conftrues them to be joint tenants, unlefs the
words of the grant exprefsly exclude fuch condruc-
tion.
(4.) Joint tenants have an unity of intered, of title,
-of time and of pofleffion : they are feifed per my et per
tout: and therefore upon the deceafe of one joint te¬
nant, the whole intered remains to the furvivor.
(5.)} Joint tenancy may be dilfolved, by dedroying
one of its four condituent unities.
(6.) An edate in coparcenary is where an edate of
inheritance defeends from the ancedor to twro or more
perfons; who are called parceners, and all together
make but one heir.
(7.) Parceners have an unity of intered, title, and
pofledion ; but are only feifed per my, and not per
tout: wherefore there is no furvivor (hip among parce¬
ners.
(8.) Incident to this edate is the law’ of hotchpot.
(9.) Coparcenary may alfo be diffolved, by dedroy¬
ing any of its three condituent unities.
(10.) An edate in common is where two or more per¬
fons hold lands, podioly by didincl titles, and for di-
dincl intereds; but by unity of podedion, becaufe
none knowreth his owm feveralty.
(ii.) Tenants in common have therefore an unity
of pofledion, (without mrvivorlhip ; being leifed per
my, and not per tout;) but no neceffary unity of title,
time, or interefl.
(12.) This edate may be created, 1. By diflblving
the condiment unities of the two former j 2. By ex-
prefs limitation in a grant : and may be dedroyed,
1. By uniting the feveral titles in one tenant ; 2. By
partition of thedand.
Sect. XIII. Of the Title to Things Real, in General.
laxv. (1 ■) A title to things real is the means wEereby a
man cometh to the jult poffeflion of his propertv.
( 2.) Herein may be conlidered, 1. A mere or naked
pofleflion. 2. The right of poffeflion ; which is, \Jl, an
apparent, idly, an adlual right. 3. The mere right
of property. 4. The conjunction of aCtual poflef-
iion with both thefe rights \ which nffitutes a perfect
title.
Sect. XIV. Of Title by Defcent.
Lk?vi. (1.) The title to things real may be reciprocally ac¬
quired or led, x. By defcent. 2. By purclwfe.
(2.) Defcent is the means whereby a man, on the
death of his ancedor, acquires a title to the edate, in
right of his reprelentation, as his heir at Ir.W.
W. Part n.
(3.) To underdand the doCtrine of defeents, we mud Law of
form a clear notion of confanguinity ; which is the con- England
nexion, or relation, of perfons defeended from the fame lle(W-
dock or common ancedor •, and it is, r. Lineal, where "
one of the kinfmen is liheally deicended from the
otner. 2. Collateral, where they are lineally defeend¬
ed, not one from the other, but both from the fame
common ancedor.
(4.) The rules of defcent, or canons of inheritance,
obferved by the lawrs of England, are thefe :
\Jl, Inheritances diall lineally defeend to the iffue of
the perfon lad aClually feifed, in infnitum ; but diall
never lineally afeend.
id. The male iflue diall be admitted before 'Cat female.
$d. Where there are two or more males in equal de¬
gree, the eldejl only diall inherit j but the females all
together.
4^/9 I he lineal defeendants, m infnitum, of any perfon
deceafed diall reprefent their ancedor j that is, fhall
Hand in the fame place as the perfbn himfelf would
have done, had he been living.
yth. On failure of lineal defeendants, or ifiue, of the
perlbn lad feifed, the inheritance diall defeend to the
blood of the firfl purchafer ; fubjeft to the three pre¬
ceding rules. To evidence which blood, the twro
following rules are edablifhed.
6tli, The collateral heir of the perfon lad feifed mull
be his next collateral kinfman, of the whole blood.
•]th. In collateral inheritances, the male docks ff all be
preferred to the female; that is, kindred derived
from the blood of the male ancedors lhall be admit¬
ted before thofe from the blood of the female : un¬
lefs where the lands have, in faff, defeended from a
female.
Sect. XV. Of Title by Turchafe, and frjl by Efcheat.
(i.) Purchafe, or perquifition, is the poffeflion of
an eftate which a man hath by his own aft or agree¬
ment ; and not by the mere aft of lawq or defcent from
any of his anceflors. This includes, 1. Efcheat.
2. Occupancy. 3. Prefcription. 4. Forfeiture. 5. u4-
lienation.
(2.) Efcheat is where, upon deficiency of the te¬
nant’s inheritable blood, the eftate falls to the lord of the
fee.
(3 ) Inheritable blood is wanting to, 1. Such as are
not related to the perfon lad feifed. 2. His maternal
relations in paternal inheritances, and vice verfa. 3. His
k ndred of the half blood. 4. Monfters. 5. Eadards.
6. Aliens, and their iflue. 7. Perfons attainted of
treafon or felony. 8. Papids, in refpeft of themfelves
only, by the datute law.
Sect. XVI, Of Title by Occupancy.
(l.) Occupancy is the taking poffedion of thofe Ix-xvSfc
things which before had no owner.
(2 ) Thus, at the common lawq wdiere tenant pur
outer vie died during the life of cefuy yue vie, he, who
could firft enter, might lawfully retain the pofleffion ;
unlefs by the original grant the heir was made a fpecial
occupant.
(3.) The law of derelictions and alluvions has nar¬
rowed the title of occupancy.
Sect.
A
Chap. II. L
Law of
^Ei f Sect. XVII. Of Title by Prcfcription.
' ixKix. (i.) Prefcription (as diftinguKhed from cujlom) is
a perfonal immemorial ufage of enjoying a right in fome
incorporeal hereditament, by a man, and either his an-
ceftors or thofe whole eftate of inheritance he hath : of
which the firft is called prefcribing in his anafors, the
latter in a que efate.
Sect. XVIII. Of Title by forfeiture.
Jxxx.
(x.) Forfeiture is a punifhment annexed by law to
fome illegal aft, or negligence, in the owner of things
real •, whereby the eftate is transferred to another, who
is ufually the party injured.
(2.) Forfeitures are occafioned, 1. By crimes. 2. By
alienation, contrary to law. 3. By lapfe. 4. Byfimony.
5. By nonperformance oi conditions. 6. By wafe. 7. By
breach of copyhold cufoms. 8. By bankruptcy.
(3.) Forfeitures for crimes or mifdemeanors, are
for, 1. Treafon. 2. Felony. 3. Mifprifion of treafon.
4. Praemunire. 5. Aflaults on a judge, and batteries,
litting the courts. 6. Popilh recufancy, &c.
(4.) Alienations, or conveyances, which induce a
forfeiture, are, 1. Thofe in mortmain, made to cor¬
porations contrary to the ftatute law. 2. Thofe made
to aliens. 3. Thofe made by particular tenants, when
larger than their eftates will warrant.
(5.) Lapfe is a forfeiture of the right of prefentation
to a vacant church, by negleft of the patron to prefent
within fix kalendar months.
(6.) Simony is the corrupt prefentation of any one to
an ecclefiaftical benefice, whereby that turn becomes
forfeited to the crown.
(7.) For forfeiture by nonperformance of conditions,
fee Seft. 10.
(8.) Wafe is a fpoil, or deftruftion, in any corporeal
hereditaments, to the prejudice of him that hath the
inheritance.
(9.) Copyhold eftates may have alfo other peculiar
caufes of forfeiture, according to the cuftom of the ma¬
nor.
(10.) Bankruptcy is the aft of becoming a bank¬
rupt ; that is, a trader who fecretes himfelf, or does
certain other afts tending to defraud his creditors, fee
Seft. 22.
(1 i.j By bankruptcy ail the eftates of the bankrupt
are transferred to the alhgnees of his commiftioners, to
be fold for the benefit of his creditors.
Sect. XIX. Of Title by Alienation.
fxxxi. (1.) Alienation, conveyance, or purchafe in its more
limited fenfe, is a means of transferring real eftates,
wherein they are voluntarily refigned by one man, and
accepted by another.
(2.) This formerly could not be done by a tenant,
without iicenfe from his lord j nor by a lord, without
attornment of his tenant.
(3.) All perfons are capable of purchafing •, and all
that are in pofleftion of any eftates, are capable of con-
veying them : unlefs under peculiar difabilities by law :
as being attainted, non compotes, infants under durefs,
feme coverts, aliens, or papifts.
w. 6o7
(4.) Alienations are made by common affurantes ; Law of
which are, 1. By deed, or matter in pais. 2. By mat- England
ter of record. 3. By fpccul cufom. 4. By devife. Epitornifed.
Sect. XX, Of Alienation by Deed.
(1.) In afiurances by deed may be conndered, 1. Its Ixxxii.
general nature. 2. Its federalfpecies.
(2.) A deed, in general, is the folemn aft of the
parties ; being ufually a writing fealed and delivered j
and it may be, 1. A deed indented, or indenture. 2,
A deed poll.
(3*) The requiftes of a deed are, 1. Sufficient par¬
ties, and proper fubjeB matter, a. A good and fuffi-
cient confderation. 3. Writing on paper, or parchment,
duly ftamped. 4. Legal and orderly parts ; (which
are ufually, ift, the premifes; adly, the habendum;
3dly, the tenendum ; 4thly, the reddendum; 5thly, the
conditions ; 6thly, the warranty, which is either lineal
or collateral j ythly, the covenants j 8thly, the con-
clufion, which includes the date). 5. Reading it, if
defired. 6. Sealing, and, in many c.'A.ie.iyfgmng it alfo.
7. Delivery. 8. Attefation.
(4.) A deed, may be avoided, j. By the want of
any of the requifites before mentioned. 2. By fubfe-
quent matter j as, 1 ft, Rafure, or alteration. 2dly, De¬
facing its feal. 3dly, Cancelling it. 4thly, Difagree-
ment of thofe whofe confent is neceffary. Jthly, Judge¬
ment of a court of juftice.
(5.) Of the feveral fpecies of deeds, fome ferve
to convey real property, fome only to charge and dif
charge it.
(6.) Deeds which ferve to convey real property, or
conveyances, are either by common law, or by fatute.
And, of conveyances by common law, fome are original
or primary, others derivative or fecondary.
(7.) Originalare, \. feoffments. 2. Gifts.
3. Grants. 4. Leafes. 5. Exchanges. 6. Partitions.
Derivative are, 7. Releafes. 8. Confirmations. 9. Sur¬
renders. 10. AJJignments. 11. Defeasances.
(8.) & feoffment is the transfer of any corporeal \\t-
reditament to another, perfefted by livery offeijin, or
delivery of bodily pofieflion from the feofter to the fe¬
offee ; without which no freehold eftate therein can be
created at common law.
(90 Li. gift is properly the conveyance of lands in
tail.
(I0-) A grant is the regular method, by common
law, of conveying hereditaments.
(11.) A is the demile, granting, or letting to
farm of any tenement, ufually for a lefs term than the
leffor hath therein ; yet fometimes poifibly for a great¬
er ; according to the regulations of the reftraining and
enabling ftatutes.
(12.) An exchange is the mutual conveyance of equal
interefts, the one in confideration of the other.
(I3-) A partition h the divifion of an eftate held in
joint tenancy, in coparcenary, or in common, between
the refpeftive tenants j fo that each may hold his di-
ftinft part in feveralty.
(14.) A releafe is the difeharge or conveyance of a
man’s right, in lands and tenements, to another that
hath fome former eftate in poffeffion therein.
(15.) A confirmation is the conveyance of an eftate
or right in effe, w-hereby a voidable eftate is made fure,
or a particular eftate is increafed.
t
(16.) A
60S L A
Law of (i6-) A fiirrender is the yielding up of an eftate
E^omiled ^°r ^'e> °r years’ to t^lat t^ie immediate re-
t - y .. mainder or reverlion j wherein the particular eflate may
merge.
(17.) An qflignment is the transfer, or making over
to another, of the vchole right one has in any eftate j
but ufually in a leafe, for life or years.
(18.) A defeasance is a collateral deed, made at
the lame time with the original conveyance 5 contain¬
ing fome condition, upon which the eftate may be de¬
feated.
(19.) Conveyances by Jtatute depend much on the
doftrine of nfes and trujls : which are a confidence re-
pofed in the ierre tenant, or tenant of the land, that
he lhall permit the profits to be enjoyed, according to
the directions of cejluy que ufe, or cejluy que trujl.
(20.) The ftatute of ufes, having transferred all ufes
into aCtual polteftion, (or, rather, having drawn the
poficflion to the ule,) has given birth to divers o-
ther fpecies of conveyance : 1. A covenant to ftand feized
to ufe. 2. A bargain and fale enrolled. 3. A leafe
and releafe. 4. A deed to lead or declare the ufe of
other more direCt conveyances. 5. A revocation of
nfes ; being the execution of a power, referved at the
creation of the ufe, of recalling at a future time the ufe
or eftate fo creating. All which owe their prefent
operation principally to the ftatute of ufes.
(21.) Deeds which are ufed not to convey, but only to
charge real property, and difcharge it, are, 1. Obligations.
2. Recognisances. 3. Defeasances upon both.
Sect. XXL Of Alienation by matter of Record.
(1.) Alfurances by matter of record are where the
fanCfion of fome court of record is called in, to fub-
ftantiate and witnefs the transfer of real property.
Thefe are, 1. Private aBs of parliament. 2. The king's
grants. 3. Fines. 4. Common recoveries.
(2.) Private aBs of parliament are a fpecies of af-
furances, calculated to give (by the tranfeendant au¬
thority of parliament) fuch reafonable powers or re¬
lief as are beyond the reach of the ordinary courfe of
law.
(3.) The king's grants, contained in charters or
letters patent, are all entered on record, for the dig¬
nity of the royal perfon, and fecurity of the royal re¬
venue.
(4 ) A. fne (fometimes faid to be a feoffment of re¬
cord) is an amicable compofition and agreement of
an aChial, or fiftitious, fuit ; whereby the eftate in
queftion is acknowledged to be the right of one of the
parties.
(5.) The parts of a fine are, I. The writ of cove¬
nant. 2. The licenfe to agree. 3. The concord.
4. The note. 5. The foot. To which the ftatute
hath added, 6. Proclamations.
(6.) Fines are ef four kinds: Sur cognisance de
droit, come ceo que ni ad de fon done. 2. Sur cognisance
de droit tantum. 3 Sur concefjit. 4. Sur done, grant,
et render ; which is a double fine.
(7.) The force and ejfeB of fines (when levied by
fuch as have themfelves any intereft in the eftate) are
to aflure the lands in queftion to the cognizee, by
barring the refpedlive rights of parties, privies, and
ftrangers.
W. Part ir.
(8.) A common recovery \s by ah aftual, or fidli- Law of
tious, fuit or aftion for land, brought againft the te- Er,glarid
nant of the freehold •, who thereupon vouches another,
who undertakes to warrant the tenant’s title : but, up¬
on fuch vouchee’s making default, the land is recovered
by judgement at law againft the tenant; who, in re¬
turn obtains judgement againft the vouchee to recover
lands of equal value in recompenfe.
(9.) The force and ejfcB of a recovery are to aflure
lands to the recoverer, by barring eftates tail, and all
remainders and reverfions expedant thereon 5 provided
the tenant in tail either fuffers, or is vouched in, fuch
recovery.
(1 o.) The ufes of a fine or recovery may be direded
by, 1. Deeds to lead fuch ufes j which are made pre¬
vious to the levying or fuffering them. 2. Deeds to
declare the ufes j which are made fubfequent.
Sect. XXII. Of Alienation by Special Cufom.
(1.) Aflfuranees by fpecial cufom are confined to Ixxxiv.
the transfer of copyhold eftates.
(2.) This is effeded by, 1. Surrender by the tenant
into the hands of the lord to the ufe of another, ac¬
cording to the cuftom of the manor. 2. Prefentment,
by the tenants or homage, of fuch furrender. 3. Ad¬
mittance of the furrenderee by the lord, according to
the uies exprefled in fuch furrender.
(3.) Admittance may alfo be had upon original
grants to the tenant from the lord, and upon defeents
to the heir from the anceftor.
Sect. XXIII. Of Alienation by Devife,
(1.) Devife is a difpofition of lands and tenements, Ixxxv.
contained in the laft will and teftament of the owner.
(2.) This was not permitted by the common law,
as it flood fince the conqueft j but was introduced by
the ftatute law, under Henry VIII. fince made more
univerfal by the ftatute of tenures under Charles II.
with the introdudion of additional folemnities by the
ftatute of frauds and perjuries in the fame reign.
(3.) The confruBion of all common affurances ftiould
be, 1. Agreeable to the intention. 2. To the words
of the parties. 3. Made upon the entire deed. 4. Bear¬
ing ftrongeft againft the contrador. 5. Conformable
to law. 6. Rejeding the latter of two totally repug¬
nant claufes in a deed, and the former in a will. 7. Moft
favourable in a cafe of devife.
Sect. XXIV. Of Things Perfonal.
(1.) Things perfonal are comprehended under the IxxxvS.
general name of chattels; which includes w-hatever
wants either the duration, or the immobility, attend¬
ing things real.
(2.) In thefe are to be confidered, 1. Their difri-
bution. 2. The property of them. 3. The title to that
property.
(3.) As to the dfribution of chattels, they are, 1.
Chattels real. 2. Chattels perfonal.
(4.) Chattels real are fuch quantities of intereft, in
things immoveable, as are ftiort of the duration of free¬
holds 5 being limited to a time certain, beyond which
they cannot lubiift. (See Sed. 7.)
1
(5.) Chattels
Chap. II. L A
Law of (5.) Chattels perfonal are things moveable; which
England may bg transferred from place to place, together with
folt0™lk(1 the perfon of the owner.
Sect. XXV. Of Property in Things Perfonal.
kxxvii. (x.) Property, in chattels perfonal, is either in pof-
fejjion, or in gfiion.
.« (2.) Property in pq/fe/Jion, where a man has the ac¬
tual enjoyment of the thing, is, 1. Abfolute. 2. Qua¬
lified.
(3.) Abfolute property is where a man has fuch an
excluiive right in the thing, that it cannot ceafe to be
his, without his own aft or default.
(4.) Qualified property is fuch as is not, in its na¬
ture, permanent j but may foretimes fubfift, and at
other times not fubfift.
(5.) This may arife, 1. Where the fubjeft is inca¬
pable of abfolute ownerlhip. 2. From the peculiar cir-
cumflances of the owners.
(6.) Property in a&ion, is where a man hath not
the aftual occupation of the thing 5 but only a right to
it, arifing upon fome contraft, and recoverable by an
aftion at law.
(7;) "J-^e property of chattels perfonal is liable to
remainders, expeftant on eftates for life j to joint te¬
nancy j and to tenancy in common.
.Sect. XXVI. Of Title to Things Perfonal by
Occupancy.
ixMviii. (*•) f he title to things perfonal may be acquired
or loit by, 1. Occupancy. 2. Prerogative. 3. Forfei¬
ture. 4. Cufiom. 5. Succefiion. 6. Marriage. 7. Judge¬
ment. 8. Gift, or grant. 9. Contrail. 10. Bank¬
ruptcy. 11. Tefiament. l 2. Adminfiration.
(2.) Occupancy Hill gives the firft occupant a right
to thofe few things which have no legal owner, or
which are incapable of permanent ownerfhip. Such
as, 1. Goods of alien enemies. 2. Things found.
3. The benefit of the elements. 4. Animals ferce na¬
ture. 5. Emblements. 6. Things gained by accef-
fion ; or, 7. By confufion. 8. Literary property.
Sect. XXVII. Of Title by Prerogative, and Forfeiture.
Ixxxix, (*•) By prerogative is veiled in the crown, or its
granters, the property of the royal revenue, (fee
Chap, I. Seft. 8.) $ and alfo the property of all game
in the kingdom, with the right of purfuing and ta¬
king it.
(2.) By forfeiture, for crimes and mifdemeanors,
the right of goods and chattels may be transferred from
one man to another ; either in part or totally.
(3.) Total forfeitures of goods arife from conviftion
of, 1. Treafon, and mifprifion thereof. 2. Felony.
3. Excufabh homicide. 4. Outlawry for treafon or
felony. 5. Flight. 6. Standing mute. 7. Afiaults
on a judge ; and batteries, fitting the courts. 8. Prce-
tnunire. 9. Pretended prophecies. 10. Owling. 11.
Redding abroad of artificers. 1 2. Challenges to fight,
for debts at nlay.
Vol. XI. Part II.
W. 6o9
Law cf
SECT. XXVIII. Of Title by Cufiom. England
Epitomifed.
. C1*) By cufiom, obtaining in particular places, a* ^ '
right may be acquired in chattels ; the moll ufual of
which cultoms are thofe relating to, 1. Heriots. 2. Mor¬
tuaries. 3. Heir looms.
(2.) Heriots are either heriot fervice, which dif¬
fers little from a rent; or heriot cuftom, which is a
cuftomary tribute, of goods and chattels, payable to
the lord of the fee on the deceafe of the owmer of
lands.
(30 Mortuaries are a cuifomary gift, due to the
minilfer in many parilhes, on the death of his pa-
rilhioners.
(4.) Heir looms are fuch perfonal chattels, as defcend
by fpecial cuftom to the heir, along with the inheri¬
tance of his anceftor.
Sect. XXIX. Of Title by SucceJJion, Marriage, and
Juagement.
(r0 By fuccejjbn the right of chattels is veiled in xcL
corporations aggregate ; and likewife in fuch corporations
foie as are the heads and reprefentatives of bodies ag¬
gregate.
(2.) By marriage the chattels real and perfonal of
the wife are veiled in the hulband, in the fame degree
of property, and with the fame powders, as the wife
when foie had over them j provided he reduces them
to pofleflion.
(3.) The wufe alfo acquires, by marriage, a property
in ber own paraphernalia.
(4;) By judgement, confequenton a fuit at law, a man
may in iome cafes, not only recover, but originally ac¬
quire, a right to perfonal property. As, 1. To penal¬
ties recoverable by aftion popular. 2. To damages.
3. To colls of fuit.
Sect. XXX. Of Title by Gift, Grant, and Contrail.
(1.) A. gift, or grant, is a voluntary conveyance of xcii.
a chattel perfonal in pofieftion, without any confidera-
tion or equivalent.
(2.) A contrail is an agreement, upon fufficient con-
fideration, to do or not to do a particular thing : and,
by fuch contrail, any perfonal property (either in pof-
felfton or in aftion) rnay be transferred.
(3*) Contrafts may either be exprefs or implied ;
either executed or executory.
(4.) Tho conjideration of contrafts is, 1. A good
conlideration, 2. A valuable confideration ; which is,
I. Do, ut des. 2. Facio, ut facias. 3. Facio, ut des.
4. Do, ut facias,
(iO The moll ufual fpecies of perfonal contrafts
are, 1. Sale or exchange. 2. Bailment. 3. Hiring or
borrowing. 4. Debt.
(6.) Sale or exchange is a tranfmutation of property
from one man to another, in confideration of feme re-
compenfe in value.
(7.) Bailment is the delivery of goods in trull ; up¬
on a contraft, exprefs or implied, that the trull ihall
be faithfully performed by the bailee.
(8.) Hiring or borrowing is a contraft, whereby the
4 H poffeiEon
6i6
L A W.
Part II0
Lav/ of poITeiTion of chattels is transferred for a particular time,
Ei gL 'A on condition that the identical goods (or fo netimes
t P ^ ‘ "'their value) be reftored at the time appointed, toge¬
ther with (in cafe of hiring') a llipend or price for the
life.
(9.) This price, being calculated to anfwer the ha¬
zard a> well as inconvenience of lending, gives birth
to the doftrine of interrft, or ufury, upon loans ; and,
coniequently, to the doctrine of bottomry or refpondentia,
and infurance.
(10.) Debt is any contract, whereby a certain fum
of money becomes due to the creditor. This is, 1. A
debt of record. 2. A debt upon fpecial contradt. 3. A
debt upon Jimple contract; which laft includes paper
credit, or bills of exchange, and promiiTory notes.
Sect. XXXI. Of Title by Bankruptcy.
*cui (i•) Bankruptcy (as defined in Se6t. 18.) is the a£t
of beccnvng a bankrupt.
(2.) Herein may be confidered, 1. Who may be¬
come a bankrupt. 2. The aBr whereby he may be¬
come a bankrupt. 3. The proceedings on a commif-
fion of bankrupt. 4. How his property is transferred
thereby.
(3.) Perfons of full age, ufing the trade of merchan-
dife, by buying, and felling, and feeking their liveli¬
hood thereby, are liable to become bankrupts 5 for
debts of a fufficient amount.
(4.) A trader, who endeavours to avoid his credi¬
tors, or evade their juft demands, by any of the ways
fpecified in the feveral flatutes of bankruptcy, doth
thereby commit an aB of bankruptcy.
(5.) The proceedings on a commitfion of bankrupt,
fo far as they affed! the bankrupt himfelf, are princi¬
pally by, I. Petition. 2. Commiflion. 3. Declara¬
tion of bankruptcy. 4. Choice of aflignees. 5. The
bankrupt’s furrender. 6. His examination. 7. His
difcovery. 8. His certificate. 9. His allowance.
JO. His indemnity.
(6.) The property of a bankrupt’s perfonal eftate is,
immediately upon the adt of bankruptcy, vetted by
conitrudlion of law in the affignees j and they, whan
they have colledted, dillribute the tvhole by equal divi¬
dends among all the creditors.
Sect. XXXII. Of Title by Teflament, and Admini-
Jl rat ion.
(1.) Concerning tef aments and adminiftrations, con¬
fidered jointly, are to be obferved, 1. Their original
and antiquity. 2. Who may make a teftament. 3. Its
nature and incidents. 4. What are executors and admi-
niftrators. g. Their office and duty.
(2.) Tejlaments have fubfifted in England immemo-
rially 5 whereby the deceafed was at liberty to difpofe
of his perfonal eftate, referving anciently to his wife
and children their reafonable part of his effedts.
(3.) The goods of inte/lates belonged anciently to
the king ; who granted them to the prelates to be clif-
pofed in pious ufes : but, on their abufe of this tmft
in the times of Popery, the legiflature compelled them
to delegate their power to adminijlrators exprefsly pro-'
vided by law.
(4.) All perfons may make a teftament unlefs dif-
abled by, 1. Want of difcretion. 2. Want of free will. Law of
3. Criminal condudl. England
(5.) Tef aments are the legal declaration of a man’s Ei,ltom' ec\'
intentions, which he wills to be performed after his
death. Thefe are, 1. Written. 2. Nuncupa';ve.
(6 ) An executor is he, to whom a man by his will
commits the execution thereof.
( 7.) Admuiif rotors are, 1. Durante minore crtale of an
infant executor or adminiftratcr : or durante abfcntia ;
or pendente lite. 2. Cum tefamento annexo; when no ex¬
ecutor is named, or the executor refufes to adl. 3. Ge¬
neral adminiftrators ; in purluance of the ftatotes of
Edward III. and Henry VIII. 4. Adminiiters de
bonis non; when a former executor or admhuftrator dies
without completing his trull.
(8.) The office and duly of executors (and, in many
points, of adminiftrators alfc) are, 1. To bury the
deceafed. 2. To prove the will, or take out admini-
ftration. 3- To make an inventory. 4. To colledf
the goods and chattels. 5. To pay debts ; obferving
the rules of priority. 6. To pay legacies, either ge¬
neral or fpecific ; if they be veiled, and not lapfed.
7. To diftribute the undevifed lurplus, according to
the ftatute of diftributions.
Chap. III. O/* Private Wrongs.
Sect. I. Of the Redrefs of Private Wrongs, by the mere
AB of the Parties.
(1.) Wrongs are the privation of right; and are, xcv-
I. Private. 2. Public.
(2.) Private wrongs, or civil injuries, are an in¬
fringement, or privation, of the civil rights ol indivi¬
duals, confidered as individuals.
(3.) The redr efs of civil injuries is one principal ob-
jefl of the law's of England.
(4.) This redrefs is effe&ed, I. By the mere aB of
the parties. 2. By the mere operation of law. 3. By #
both together, or fuit in courts.
(5.) Redrefs, by the mere aB of the parties, is that
which arifes, 1. From the foie aft of the party injur¬
ed r 2. From the joint aft of the parties.
(6.) Of the firft fort are, I. Defence of one’s felf,
or relations. 2. Recaption of goods. 3. Entry on
lands and tenements. 4. Abatement of nuifances.
5. Diftrefs •, for rent, for fuit or fervice, for amerce¬
ments, for damage, or for divers ftatutable penalties j
made of fuch things only as are legally diftrainable j
—and taken and difpofed of according to the due
courfe of law. 6. Seifing of heriots, &c.
(7.) Of the fecond fort are, I. Accord. 2. Arbi»
tration.
Sect. II. Of Redrefs by the mere Operation of Law.
Redrefs, eftefted by the mere operation of law, is, xcv*>
I. In the cafe of retainer; where a creditor is executor
or adminiftrator, and is thereupon allow'ed to retain
his owm debt. 2. In the cafe of remitter; where one,
who has a good title to lands, &c. comes into polfef-
fion by a bad one, and is thereupon remitted to his
ancient good title, which protefts his ill-acquired pof-
feflion.
Sect.
\
Chap. III.
L A W.
611
Law of
Epitemifed. Sect. III. Of Courts in General.
xcvii. (l.) Redrefs, that is effc&ed by the aEi both of
law and of the parties, is by fuit or aElion in the courts
of juftice.
(2.) Herein may be confidered, I. The courts them-
felves. 2. The cognisance of wrongs or injuries there¬
in. And, of courts, I. Their nature and incidents.
2. Their ie.vtrdS.fpecies.
(3.) A court is a place wherein juftice is judicially
adminiPeered, by officers delegated by the crown j be¬
ing a court either of record, or not of record.
(4.) Incident to all courts are a plaintiff, defendant,
and judge : and, with us, there are alfo ufually attor¬
neys j and advocates or counfel, viz. either barrifters
or ferjeants at law.
Sect. IV. Of the Public Courts of Common Law and
Equity.
xcviii. (r.) Courts of juftice, with regard to their feveral
fpecies, are. 1. Of a public, or general, jurifdiftion
throughout the realm. 2. Of a private, or fpecial, ju-
rifdiclion.
(2.) Public courts of juffice are, 1. The courts of
Common law and equity. 2. The ccclefaftical courts.
3. The military courts. 4. The maritime courts.
(3.) The general and public courts of common law
and equity are, r. The court of piepoudre. 2. The
court-baron. 3. The hundred court. 4. The county
court. 5. The court of common pleas. 6. The court
of king’s bench. 7. The court of exchequer. 8 The
court of chancery. (Which two laft are courts of
equity as well as law). 9. The courts of exchequer
chamber. 10. The houfe of peers. To which may
be added, as auxiliaries, ll.The courts of affize and
niji prius.
Sect. V. Of Courts Ecclefiafical, Military, and Mari¬
time.
teix. (1.) EcclefiafHcal courts, (which were feparated
from the temporal by William the Conqueror), or courts
Chrijlian, are, i.The courts of the archdeacon. 2. The
court of the bifhop’s confiflory. 3. The court of
arches. 4. The court of peculiars. 5. The preroga¬
tive court. 6. The court of delegates. 7. The court
of review.
(2.) The only permanent military court is that of
chivalry •, the courts martial, annually eftablifhed by
aft of parliament, being only temporary.
(3.) Maritime courts are, 1. The court of admi¬
ralty and vice-admiralty. 2 The court of delegates.
3. The lords of the ptivy council, and others, autho¬
rized by the king’s commiffion, for appeals in prize-
caufes.
Sect. VI. Of Courts of a Special 'Jurfdiclion.
ci Courts of a fpecial or piivate jurifdiftion are,.
1. h he foreft courts \ including the courts of attach¬
ments, regard, fwienmot, and juftice feat. 2. The
court of commiffioners of fewers. 3. The court of po- Law of
licies of aflurance. 4. The court of the marffialfea and
the palace court. 5. The courts of the principality of
Wales. 6. The court of the duchy chamber of Lan-
catter. 7. The courts of the counties palatine, and
other royal franchifes. 8. The ftannery courts. 9. The
courts of London, and other corporations:—To which
may be referred the courts of requefts or courts of con-
fcience j and the modern regulations of certain courts
baron and county courts. 10. The courts of the two
univerfities.
Sect. VII. Of the Cognisance cf Private Wrongs.
(1.) All private wrongs or civil injuries are cogni- CJ’>
sable either in the courts ccclefafical, military, maritime,
or thole of common law.
(2.) Injuries cognizable in the ecclefafical courts
are, 1. Pecuniary. 2. Matrimonial. 3. Tejlamentary.
(3.) Pecuniary injuries, here cognizable, are, 1. Sub-
traSlion of tithes. For which the remedy is by fuit to
compel their payment, or an equivalent; and alfo their
double value. 2. Eon-payment of eccleliaitical dues.
Remedy : by fuit for payment. 3. Spoliation. Re¬
medy : by fuit for reditution. 4. Dilapidations. Re¬
medy : by fuit for damages. 5. Non-repair of the
church, &c. ; and non payment of church-rates. Re¬
medy : by fuit to compel them.
(4.) Matrimonial \vly\T\e.s are, 1. Jaciitation of mar¬
riage. Remedy : by fuit for perpetual filence. 2. Sub¬
traction of conjugal rights. Remedy : by fuit for re-
ftitution. 3. Inability for the marriage date. Reme¬
dy ; by fuit for divorce. 4, Refufal of decent mainte¬
nance to the wife. Remedy : by fuit for alimony.
(5.) Tefamentary vnyxx'ws are, \. Dfputing the va¬
lidity of wills. Remedy : by fuit to eftablidi them.
2. Obf ruffing of adminif rations. Remedy : by fuit for
the granting them. 3. Subtraction of legacies. Re¬
medy : by fuit for the payment.
(6.) The courfe of proceedings herein is much con¬
formed to the civil and canon law: but their only com-
puldve procefs is that of excommunication ; which is
enforced by the temporal writ of fgnifeavit, or de ex¬
communicato capiendo.
(7.) Civil injuries, cognizable in the court military,
or court of chivalry, are, 1. Injuries in point of ho-
nour. Remedy : by fuit for honourable amends.
2. Encroachments in coat-armour, &c. Remedy: by
fuit to remove them. The proceedings are in a fum-
mary method.
(8.) Civil injuries cognizable in the courts maritime,
are injuries, in their nature, of common law cognizance,
but aridng wholly upon the fea, and not within the
precinfts of any county. The proceedings are hereiu
alfo much conformed to the civil law.
(9.) All other injuries are cognizable only in the
courts of common law: of wrhich in the remainder of
this chapter.
(10.) Two of them are, however, commid’ible by
thefe and other inferior courts, viz. 1. Refufal. or
negleff, of jufice. Remedies : by writ of procedendo,
or mandamus. 2. Encroachment of jurfdiffion. Re¬
medy : by writ of prohibition.
4H 2
.Sect.
L A
612
Law of
England sECT VIH. Of Wrongs am! their Remedies, refbctlin?
J the Rights of Perfons.
cii, (i.) In treating of the cognizance of injuries by the
courts of common law, may be coniidered, i. The in¬
juries themfelves, and their refpeftive remedies. 2. The
purfuit of thofe remedies in the feveral courts.
(2.) Injuries between fubjeft and fubject, cogniz¬
able by the courts of common law, are in general re¬
medied by putting the party injured into polleflion of
that right whereof he is unjultly deprived.
(3.) This is effe&ed, 1. By HeUvery of the thing de¬
tained to the rightful owner. 2. Where that remedy
is either impoflible or inadequate, by giving the party
injured a fatifaciion in damages.
(4 ) The inftruments, by which thefe remedies may
be obtained, are fuits or aElions; which are defined to
be the legal demand of one’s right: and thefe are,
1. Perfonai. 2. Real. 3. Mixed.
(5.) Injuries (whereof lome are with, others without,
forced are, 1. Injuries to the rights of perfons. 2. In-
iuries to the rights of property. And the former are,
1. Injuries to the abjfolute, 2. Injuries to the relative,
rights of perfons.
(6.) The abfolute rights of individuals are, 1. Per¬
fonaifecurity. 2. Perfonai liberty. 3. Private property ;
(See Chap. I. Se£l. 1.) To which the injuries mult
be correfpondent.
(7.) Injuries to perfonai fecurity are, 1. Againft a
man’s life. 2. Againft his limbs. 3. Againft his body.
4. Againft his health. 5. Againft his reputation.—
The firft muft be referred to the next chapter.
(8.) Injuries to the limbs and body are, I. Threats.
2. J'Jfault. 3. Battery. 4. Wounding. 5. Mayhem.
Remedy : by a£tion of trefpafs, vi et armis; for da¬
mages.
(9.) Injuries to health, by any unwholefome prac¬
tices, are remedied by a fpecial adlion of trefpafs, on
the cafe ‘, for damages.
(10.) Injuries to reputation are, 1. Slanderous and
malicious words. Remedy: by aftion on the cafe •,
for damages. 2. Libels. Remedy : the fame. 3. Ma¬
licious profecutions. Remedy: by action of confpiracy,
or on the cafe •, for damages.
(11.) The foie injury to perfonai liberty is falfe im-
prifonment. Remedies: 1. By w'rit of ift, Main-
prize j 2dly, Odio et atia ; 3dly, Homine replegiando;
4thly, Habeas corpus; to remove the wrong. 2. By
aftion of trefpafs ; to recover damages.
(1 2.) For injuries to private property, fee the next
feftion.
(13.) Injuries to relatives rights affeft, I. Hujbands.
2. Parents. 3. Guardians. 4. Mqfters.
(14.) Injuries to a hufband are, 1. AhduEhon, or
taking awray his wife. Remedy: by adfion of trefpafs,
de uxore rapt a et abduEla; to recover poffeftion of his
wife, and damages. 2. Criminal converfation with her.
Remedy: by a£fion on the cafe*, for damages. 3. Beat¬
ing her. Remedy: by action on the cafe, per quod con¬
fer lium amifit; for damages. 1
(13.) The only injury to a parent css guardian is the
abdubHon of their children or w’ards. Remedy : by
action of trefpafs, de filiis, vel cufodiis, raptis vel abduc-
tis ; to recover pofleffion of them, and damages.
W. Part II.
(16.) Injuries to a mafer are, t. Retaining his fer- Law of
vants. Remedy : by aition on the cate $ for damages. , ^ ^
2. Beating them. Remedy : by action on the caiefT ^
per quodJervilium amifit; for damages.
Sect. IX. Of Injuries to Perfonai Property.
(1.) Injuries to the rights of property are either to C111'*
thofe ot perfonai or real property.
(2.) Perfonai property is either in poffeffion or in
ablion.
(3.) Injuries to perfonal property in poffeftion are,
l. By difpoffijjion. 2. By damage, while the owner re¬
mains in poileflion.
(4.) Difpojjcjfwn may be effefted, 1. By an unlawful
taieing. 2. jby an unlawful detaining.
(5.) For the unlawful taking of goods and chattels
perional, the remedy is, 1. A£tual reftitution, which
(in cafe of a wrongful diftrefs) is obtained by aftion of
replevin. 3. Satisfaction in damages: \Jl, in cate of
refcous, by a£tion of refcous, poundbreach, or on the
cate-, 'idly, in cafe of other unlawful takings, by aCtion
of trelpafs or trover.
(6.) For the unlawful detaining of goods lawfully
taken, the remedy is alfo, 1. Actual reftitution j by
aCtion of replevin or detinue. 2. Satisfaction in da¬
mages •, by aCtion on the cafe, for trover and conver-
fion.
(7.) For damage to perfonai property, while in the
owner’s poffeflion, the remedy is in damages $ by ac¬
tion of trefpafs vi et armis, in cafe the aCt be immedi¬
ately injurious j or by aCtion of trefpafs on the cafe, to
redrefs confequential damage.
(8.) Injuries to perfonai property, in aBion, arife by
breach of contraBs, l. Exprefs. 2. Implied.
(9.) Breaches of exprefs contracts are, I. By non¬
performance of debts. Remedy : \Jl, Specific payment
recoverable by aCtion of debt, idly. Damages for non¬
payment ; recoverable by aCtion on the cafe. 2. By
nonperformance of covenants. Remedy : by aCtion of
covenant, if, to recover damages, in covenants per¬
fonai j T.dly, to compel performance, in covenants real.
3. By nonperformance of promifes, or affumpfts. Re¬
medy : by aCtion on the cafe j for damages.
(10 ) Implied contracts are fuch as arife, X. From
the nature and conftitution of government. 2. From
reafon and the conitruCtion of law.
(if.) Breaches of contracts, implied in the nature
of government, are by the nonpayment of money which
the laws have direCted to be paid. Remedy: by aCtion
of debt (which, in fuch cafes is frequently a popular
frequently a qm tarn aCtion) j to compel the ipecific
payment —or, fometimes, by aCtion on the cafe j for
damages.
(i 2.) Breaches of contracts, implied in reafon and
conftruCtion of law, are by the nonperformance of legal
prefumptive affunipfits: for which the remedy is in da¬
mages ; by an adtion on the cafe on the implied af-
fumpfts, I. Of a quantum meruit. 2. Of a quantum
valebat. 3. Of money expended for another. 4. Of
receiving money to another’s ufe. 3. Of an mfmul
computajfent, on an account ftated (the remedy on an
account undated being by aCtion of account). 6. Of
performing one’s duty, in any employment, with in¬
tegrity, diligence, and fkill. In fome of which cafes
an
Chap. TIT. L A W. ^
,'a" “f '“!„a,?'on o( deceit (on the car'- in Remedy, in both cafes t by a mere writ of right, the La» !f3
nigheit writ in the law. England
E iitomif d;
Sect. X. Of Injuries to Real Proberti/; and, fir ft of Sfpt YT Of TMT^rr rr n n r ^ ? / 1 " v
DifpoJfeJJion, or Oufler, of the Freehold. XL °f °r °f Chattels
Eng and wiu lie>
iaiitomiled.
(r-) Injuries affefting real property are, x. Onfer,
2. Trefpafs. 3. Nuifances. 4. Wqf/e. 5. Subtraction.
6. Di/lurbance.
(2.) 0ufer is the amotion of poffeffjon 5 and is, 1.
From freeholds. 2. From chattels real.
(3.) Oufter from freeholds is effefted by, 1. Abate¬
ment. 2. Intrufon. 3. Diffeifn. 4. Difcontinuance.
5. Deforcement.
(4.) Abatement is the entry of a ftranger, after the
deat*h of the anceftor, before the heir.
(i ) litrufion is the entry of a IIranger, after a par¬
ticular ellate of freehold is determined, before him in
remainder or reverfion.
(6.) Dijfefn is a wrongful putting out of him that
is feifed of the freehold.
(7 ) Difcontinuance is where tenant in tail, or the
huiband of tenant in fee, makes a larger eftate of the
land than the law alloweth.
(8.) Deforcement is any other detainer of the free¬
hold from him that hath the property, but who never
had the poffeffion.
(9.) The univerfal remedy for all thefe is reftitution
or delivery of poffeflion ; and, fometimes, damages for
the detention. This is effthled, 1. By mere entry.
2. By a6tion poffeffory. 3. By writ of right.
(10.) Mere entry, on lands, by him who hath the
apparem right of polTeffion, will (if peaceablef divert
the mere poffeffion of a wrongdoer. But forcible entries
are remedied by immediate reftitution, to be given by
a juftice of the peace.
(11.) Where the wrongdoer hath not only mere pof-
feftion, but alfo an apparent right of poffeftion, this
may be diverted by him who hath the actual right of
potl’eflion, by means of the pojfeffory actions of writ of
entry or q/Jize.
(12.) A writ of entry is a real a&ion, which dif-
proves the title of the tenant, by fhowing the unlawful
means under which he gained or continues poiTeflion.
And it may be brought either againrt the wrongdoer
himfelf, or in the degrees called the per, the per and
cui, and the poft.
(13O oJJi%e is a real action, which proves the
title of the demandant, by ftiowing his own or his an-
celtor’s pofleflion. And it may be brought either to
remedy abatements j viz. the aflize of mort d'ancefor,
&c.: Or to remedy recent diffeifins; viz. the aflize of
novel diffeifin.
(14 ) Where the wrongdoer hath gained the acrtual
right oi poJf:fion, he who hath the right of property can
only be remedied by a writ of right, or fome writ of a
limilar nature. As, 1. Where fuch right of pofleflion
is gained by the difcontinuance of tenant in tail. Re¬
medy, for the right of property : by wrrit of formedon.
3. Where gained by recovery in a pofleflbry action, had
againft tenants of particular eftates by their own de¬
fault. Remedy: by writ of yr/oisTzVe/o/YVfl/. 3. Where
gained by recovery in a poffeflbry a<Rion, had upon the
merits. 4. Where gained by the fatute of limitations.
(1.) Oufter from chattels real is, r. From eftates ct.
oyfatute and elegit. 2. From an eftate for years.
(2.) Oufter from eftates by fatute or elegit, is ef-
fefted by a kind of dijfefn. Remedy : rertitution and
damages j by aflize of novel diffeifin.
(30 Oufter from an eftate for years, is effeirted by
a like diffeifin, or ejeBment. Remedy : reftitution, and
damages ,1. By writ of ejeBionefirmce. 1. By writ of
quare ejecit infra terminum.
. (4-) A writ of ejeBione firmer, or adion of trefpafs
in ejectment, lieth where lands, &e. are let for a term
of years, and the leffee is oufted or ejeded from his
term j in which cafe he fhall recover poffeflion of his
term, and damages.
(5*) I his is now the uliial method of trying titles
to land, inftead of an aftion real : viz. By 1. The
claimant’s making an actual (or fuppoled) leafe upon
the land to the plaintiff. 2. The plaintiff’s adual (or
fuppofed) entry thereupon. 3. His adual (or iuppof-
ed) oufter and ejectment by the defendant. For which
injury this adion is brought either againft the tenant,
or (more ufually) againft fome cafual or fiditious ejec¬
tor j in whofe ftead the tenant may be admitted defen- *s
dant, on condition that the leafe, entry, and oufter, be
con felled, and that nothing elfe be difputed but the me¬
rits of the title claimed by the leffor of the plaintiff.
(6.) A writ of quare ejecit infra terminum is an ac¬
tion of a fimilar nature ; only not brought againft the
wrongdoer or ejedor himfelf, but fuch as are in pof¬
feflion under his title.
Sect. XII. Of Trefpafs.
Trefpafs is an entry upon, and damage done to, cvL
another’s lands, by one’s felf, or one’s cattle ; with!
out any lawful authority, or caufe of juftification;
w hich is called a breach of his clofs. Remedy : da¬
mages j by adion of trefpafs, quare claufum fregit ;
befides that of diftrefs, damage feafant. But, unlefs
the title to the land came chiefly in queftion, or the
trefpafs was w-ilful or malicious, the plaintiff (if the da¬
mages be under forty {hillings) (hall recover no more
cofts than damages.
Sect. XIII. Of Nuifance.
(1.) Nuifance, or. annoyance, is any thing that CYi;.
w’orketh damage or inconvenience : and it is either a
public and common nuifance, of which in the next chap¬
ter ; or, a private nuifance, which is any thing done to
the hurt or annoyance of, 1. The corporeal j 2. The
incorporeal, hereditaments of another.
(2.) The remedies for a private nuifance (befides
that of abatement) are, l. Damages; by adion on
the cafe ; (which alfo lies for fpecial prejudice by a
public nuilance). 2. Removal thereof, and damages ;
by aflize of nuifance. 3. Like removal, and damages;
by writ of ^uodpermittat prqfternere.
Sect,.
6r4
Law of
England
Epitomifed.
Sect. XIV. Of Wqfle.
ex.
(i.) Warte is a fpoil and dedruftion in lands and
tenements, to the injury of him who hath, i. An im¬
mediate intered (as, by right of common) in the lands.
2. The remainder of reverfion ol the inheritance.
(?) The remedies, for a commoner, are reftitution,
and damages ; by affize of common : Or damages on¬
ly •, by aftion on the cafe.
(3.) Ths remedy, for him in remainder, or rever¬
fion, is, 1. Preventive: by writ o"f efrepemer. 1 at law,
or injunftion out of chancery ) to flay walfe. 2. Cor-
reftive : by action of wafte; to recover the place waft¬
ed, and damages.
Sect. XV. Of SubtraSlion.
(1.) Subtraction is evhen one, who orves fervices to
another, withdraws or neglefts to perform them. This
mav be, 1. Of rents, and other fervices, due by tenure.
2. Of thole due by cufom.
(2.) For fubtraftion of rents and fervices, due by
tenure, the remedy is, 1. By diftrefs; to compel the
payment or performance. 2. By aClion of debt.
3. By affize. 4. By writ de confuetudinibus et fervitus;
—to compel the payment. 5. By writ ol affavit;—
and, 6. By writ of right fur difclaimer\—to recover the
land itielf.
(:$ ) To remedy the oppreffion of the land, the law
has alio given, t.The writ of Ne wjujle vexes: 2. The
writ of mefne.
(4.) For fubtraClion of fervices, due by cufom, the
remedy is, 1. By writ of SeBa ad molendinum, furnum
torrale, &c. to compel the performance, and recover
damages. 2. By adion on the cafe j for damages
only.
Sect. XVI. Of Difurbance.
(1.) Difturbance is the hindering, or difquieting, the
owners of an incorporeal hereditament, in their regular
and lawful enjoyment of it.
(2.) Dillurbances are, j. OS franchifes. 2. O? com¬
mons. 3. Of ways. 4. Of tenure. 5. Of patron-
age.
(3.) Difturbance of is remedied by a fpe-
cial adion on the cafes; for damages.
(4.) Difturbance of common, is, \. Intercommoning
without right. Remedy : damage \ by an adion of
the cafe, or of treipafs: befides diftrefs, damage fea-
fant; to compel fatisfadion. 2- Surcharging the com-
mon. Remedies : diftrefs, damage feafant} to compel
fatisfadion: adion on the cale •, ffir damages : or,
writ of admeafurement of pafture •, to apportion the
common . and writ de fecunda fuperoneratione; for the
fupernumerary cattle, and damages. 3 * Unclofure, or
obftrudion. Remedies : reftitution of the common
and damages-, by affize of novel dijfeifn, and by writ of
quod admittat: or, damages only } by adion on the
cafe’ .
(5.) Difturbance of ways, is the obftrudion, 1. Of
a way in grofs, by the owner of the land. 2. Of a way
appendant, by a ftranger. Remedy, for both: da¬
mages } by adion on the cafe.
3
A W. Partly
(6 ) Difturbance of tenure, by driving away tc- Law of
nants, is remedied by a Ipeciai ..clion on the caie j for Ln d
. ’ v r Enitenfed
damages. 1 , ^ ■
(7.) Difturbance of patronage, is the hinderance of
a p i iron to prefent his clerk, to a benefice ; whereof
ufurpation, within fix months is now become a fpe-
(8 ) Difturbers may be, 1. The pfeudo-patron, by
wrong ft pretentation. 2. His clerk, iiy demanding
i. ution. 3. The ordinary, by refuting the cler<c of
the u.- patron.
(y ) "he iemedics are, 1. By affize of darrein pre-
fentmc: ; 2- By writ of q it are impedit,—to compel in-
llitution and recover damages: Confequent to which
a e ■ writs of quare incumbravit, and quare non cd~
mijit; for i'ubfequent damages. 3. By writ of right of
advowfon ; to compel inllitution, or eftabliih the per¬
manent right.
Sect. XVII. Of Injuries Proceeding from, or AJfeBmg,
the Crown.
(1.) Injuries to which the crown is a party are, C*L
1. Where the crown is the aggreflbr. 2. Where the
crown is the ffifferer.
(2.) The crown is the aggreflbr, whenever it is in
pofleffion of any property to which the fubjed hath a
right.
(3.) This is remedied, 1. By petition of right 1 where
the right is grounded on fads difclofed in the petition
itfelf 2. By monfrans de droit-, where the claim is
grounded on fads, already appearing on record. The
effect of both which is to remove the hands (or poflef-
lion) of the king,
(4.) Where the crown is the fufferer, the king’s re¬
medies are, 1. By fuch common law adions as are
confident with the royal dignity. 2. By inquef of
office, to recover poffeiiion : which, when found, gives
the king his right by folemn matter of record •, but
may afterwards be traverfed by the fubjed. 3. By
writ of fcire facias, to repeal the king’s patent or
grant. 4. By information of intrufion, to give damages
for any treipafs on the lands of the crown 5 or of debt,
to recover moneys due upon contrad, or for eited by
the breach of any penal ftatute ; or fometimes (in the
latter cafe) by information in rem: all filed in the ex¬
chequer ex officio by the king’s attorney general. 5. By
writ of quo warranto, or information in the nature of
fuch w7rit to feife into the king’s hands any franchife
ufurped by the fuhjed, or to ouft an ufurper from any
public office. 6. By writ of mandamus, unlefs caufe ;
to admit or reftore any perfon entitled to a franchw or
office : to which, if a falfe caufe be returned, the re¬
medy is by traverfe, or by action on the cafe for dama¬
ges ; and, in confequence, a peremptory mandamus,
or writ of reftitution.
Sect. XVIII. Of the Purfuit of Remedies by ABion;
and, Firf, of the Original Writ.
(1.) The purfuit of the feveral remedies furnifhed c»i*
by the laws of England, is, 1. By aBion in the courts
of common law. 2. By proceedings in the courts of
equity.
(z.) Of an aBion in the court of common pleas ( iri-
ginally
Chap. ITT. . L A
La * f !>;• ally tfie proper court for profecutlng civil fuits) the
EpirKiid. ord;f]y P3rts.- are» 1 * original writ. 2. The procefs.
y   3. ; i)cp/ead ngs. 4. j he ifftte or demurrer. 5. The
/rzh/. 6. The judgement. 7. The proceedings in na¬
ture of appeal. 8. The execution.
(3.) I he original writ is the beginning or foundation
of a fuitj and is either optional (called a pracipe')t com¬
manding the defendant to do fomething in certain, or
otherwife fhow caufe to the contrary; or peremptory
(called ■aJi fecerit tcfecurum), commanding, upon fecu-
nty given by the plaintiff, the defendant to appear in
court, to fhow wherefore he hath injured the plaintiff:
both iffuing out of chancery under the king’s great feal,
and returnable in bank during term time.
Sect. XIX. Of Procefs.
exiii. (1.) Procefs is the means of compelling the defend¬
ant to appear in court.
(2.) I his includes, 1. Summons. 2. The writ of
attachment, or pone; which is fometimes the firft or ori¬
ginal procefs. 3. The writ oi di/lringas, or diftrefs in¬
finite. 4. The writs of capias adrefpondendum, and te-
fatum capias: or, inflead of thefe, in the king’s bench,
the bill of Middlefex, and writ of latitat:—and, in the
exchequer, the writ of quo minus. 5. The alias and
pluries writs. 6. The exigent, or writ of exigi facias,
proclamations, and outlawry. 7. Appearance, and com¬
mon bail. 8. The arrelf. 9. Special bail, firft to the
fheriff, and then to the adtfon.
w.
(3.) The determination in an iffue of law, or de¬
murrer, is by the opinion of the judges of the court
which is afterwards entered on record.
Sect. XXII. Of the Several Species of Trial.
(1.) Trial is the examination of the matter of fa£t
put m iffue.
. (2‘\The fPecies of trial are, 1. By the record. 2. By
infpeBion. 3. By certificate. 4. By witne/jes. 5. By
v.wger oi battel. 6. By wager of law. 7. By jury.
(3-) I'1-!31 by the record is had, when the exiftence
oc fuch record is the point in iffue.
(4.) Trial by infpeBion or examination is had by the
court, principally when the matter in iffue is the evi¬
dent objeft of the fenfes.
(S') Prial by certificate is had in thofe cafes, where
fuch certificate muft have been conclufive to a jury.
(6.) Irial by witneffes (the regular method in the
civil law) is only ufed on a writ of dower, when the
death of the hufband is in ififue.
(70 -Irial by wager of battel, in civil cafes, is only
had on a writ of right j but, in lieu thereof, the tenant
may have at his option, the trial by the grand ajjize.
(8.) irial by wager o{ law is only had, where the
matter in ilfue may be fuppofed to have been privily
tranfadled between the parties themfelves, without the
intervention of other witneffes.
Sect. XXIII. Of the Trial by jury.
615
Law of
England
Ep tomifed.
cxvi.
Sect. XX. Of Pleadings.
cxir. Pleadings are the mutual altercations of the plain¬
tiff and defendant in writing ; under which are com-
priled, I. The declaration of court; (wherein, inci¬
dentally, of the vifne, nonfuit, retraxit, and difeonti-
nuance.) 2. The defence, claim of cognizance, im¬
parlance, view, oyer, aid-prayer, voucher, or age.
3. '1 he plea; which is either a dilatory plea {\fi, to
the jurifdidtion; 2dly, in difability of the plaintiff;
3<//y, in abatement), or it is a plea to the aBion; fome¬
times confefiing the action either in whole or in part ;
(wherein of a tender, paying money into court, and fet
oft) : but ufually denying the complaint, by pleading
either, \fi, the general iffue : or, idly, a fpecial bar
(wherein of juftificatioas, the ftatutes of limitation, &c.)
4. Replication, rejoinder, furrejoinder, rebutter, furre-
butter, &c. Therein of eftoppels, colour, duplicity,
departure, new aflignment, proteftalion, averment, and
other incidents of pleading.
(1.) Trial by jury is, 1. Extraordinary; as, by the cxvii.
grand aftize, in writs of right ; and by the grand jury,
in writs of attaint. 2. Ordinary.
( 2-) The method and procefs of the ordinary trial
by jury is, 1. The writ of venire facias to the iheriff,
coroners, or elifors; with the fubfequent compu!five
procefs of habeas corpora, or dfinngas. 2. The car-
ryingdowm of the record to the court of niji prius.
3. The (heriff’s return; or panel of, lit, fpecial ; 2dly,
common jurors. 4. The challenges; ift, to the ar¬
ray ; 2dly, to the polls of the jurors ; either propter
honoris refpeBum, propter defeBum, propter ajfeBum,
(which is fometimes a principal challenge, lometimes to
the favour), or propter deliBum. 5. The tales de cir-
cumjlantibus. 6. The oath of the jury. 7. The evi¬
dence ; which is either by proofs, iff, written ; 2dly,
parole :—or, by the private knowledge of the jurors.
6. The verdict; which may be, iff, privy; idly,
public; 3dly, fpecial.
fltv.
Sect. XXI. Of Ijfue and Demurrer.
(t.) Iffue is where the parties, in a courfe of plead¬
ings, come to a point affirmed on one fide and denied
on the other ; which, if it be a matter ol law, is called
a demurrer; if it be a matter of faeft, Hill it retains the
name ot an iflue, of fa6i. ^
(2.) Continuance is the detaining of the parties in
court from time to time, by giving them a day certain
to appear upon. And, if any new matter arifes fince
the laid continuance or adjournment, the defendant may-
take advantage of it, even after demurrer or iffue, by
alledging it in a plea puis darrein continuance.
Sect. XXIV. Of judgement and its Incidents.
(1.) Whatever is tranfacled at the trial in the court
of nfi prius, is added to the record under the name
of a pqftea : confequent upon w hich is the judgement.
(2 ) Judgement may be arrefiedor flayed for caufes,
I . Extrinsic, ox dehors the record ; as in the Cafe of new
trials. 2. Intrinfic, or within it ; as where the decla¬
ration varies from the writ, or the verdifl from the
pleadings, and iilue ; or where the cafe, laid in the de¬
claration, is not lufficient to fupport the aftion in point
of law.
(3.) Where the iffue is immaterial or infufficient,
the court may award a repleadcr.
(40
cxviiL
<5r6
L A \V.
Fart II.
Law of
England
Epitomifed.
(4.) judgement is the fentenee of the law, pronoun¬
ced by the court, upon the matter contained in the re¬
cord.
(5.) Judgements are, 1. Interlocutory j which are
incomplete till perfe&ed by a writ of inquiry. 2. Final.
(6.) Cojls, or expences of fuit, are now the neceffary
.confequence of obtaining judgement.
Sect. XXV. Of Proceedings, in the Nature of appeals.
exix. O*) Proceedings, in the nature of appeals from
judgement, are, 1. A writ of attaint; to impeach the
verdi6t of a jury *, which of late has been fuperfeded
by new trials. 2. A w’rit of audita querela; to dif-
charge a judgement by matter that has fince happened.
3. A writ of error, from one court of record to ano¬
ther to correft judgements, erroneous in point of law,
and not helped by the ftatutes of amendment and jeo¬
fails.
(2.) Writs of error lie, 1. To the court of king's
bench, from all inferior courts of record; from the
court of common pleas at Weitminfter •, and from the
court of king's bench in Ireland. 2. To the courts of
exchequer chamber, from the law iide of the courts of
exchequer; and from proceedings in the court of king's
bench by bill. 3. To the houfe of peers, from pro¬
ceedings in the court of king's bench by original, and
on writs of error; and from the feveral courts of ex¬
chequer chamber.
(4) , The effential differences, whereby the Englifh Law of
courts of equity are diftinguilhed from the courts of law, England
are, r. The mode of proof, by a difeovery on the oath f'ilt0“1‘ e
of the party; w’hich gives a jurifdiftion in matters of
account, and fraud. 2. The mode of trial; by depo-
fitions taken in any part of the world. 3. The mode
of relief; by giving a more fpecific and extenfive reme¬
dy than can be had in the courts of law •, as, by carry¬
ing agreements into execution, flaying wafte or ether
injuries by injunflion, dire&ing the fale of encumbered
lands, &c. 4. The true conflruftion of fecurities for
money, by conlidering them merely as a pledge. 5. The
execution of trufs, or fecond ufes, in a manner analo¬
gous to the lawT of legal eftates.
(5) . The proceedings in the court of chancery (to
which thofein the exchequer, &c. very nearly conform)
are, I. Bill. 2. Writ of fubpoena ; and, perhaps, in¬
junction. 3. Procefs of contempt *, viz. (ordinarily)
attachment, attachment with proclamations, commii-
fion of rebellion, ferjeant at arms, and fequeftratiens.
4. Appearance. 5. Demurrer. 6. Plea. 7. Anfwer.
8. Exceptions; amendments ; crofs, or xuppleinental,
bills $ bills of revivor, interpleader, &c. 9. Replica¬
tion. 10. Iffue. 11. Depofitions, taken upon inter¬
rogatories and fubfequent publication thereof. 12,
Plearing. 13. Interlocutory decree ; feigned iffue, and
trial 5 reference to the mafter, and report&e. 14. Fi¬
nal decree. 15. Rehearing, or bill of review. 16. Ap¬
peal to parliament.
Sect. XXVI. Of Execution.
CXX' Execution is the putting in force of the ientence or
judgement of the law\ Which is effeCIed, 1. Where
poffeflion of any hereditament is recovered : by w7rit
of habere facias feifnam, poffefjionem, &c. 2. Where
any thing is awarded to be done or rendered, by a fpe-
cial writ for that purpofe : as, by writ of abatement,
in cafe of nuifance •, retorna babendo and capias in
witheram, in replevin ; diflringas and feire facias, in de¬
tinue. 3. Where money only is recovered j by writ
of, ill, Capias adfatisfaciendum, againft the body of the
defendant j or in default thereof, feire facias againft
his bail. 2dly, Fieri facias, againft his goods and chat¬
tels. 3dly, Levari facias, againft his goods and the
profits of his lands. 4thly, E/egit, againft his goods,
and the pofifejjion of his lands. ythly, Extendi facias,
and other procefs, on itatutes, recognizances, &c. againft
his body, lands, and goods.
Sect. XXV11. Of Proceedings in the Courts of Equity.
exxi- (I--) Matters equity which belong to the peculiar
juriididion of the court "of chancery, arc, i. The guar-
dianlhip of infants. 2. The cuftody of idiots and luna¬
tics. 3. The fuperintendance of charities. 4, Com-
miflions of bankrupt.
(2.) The court of exchequer and the duchy court of
Lancajler, have alfo fome peculiar cauies, in which the
intereft of the king is more immediately concerned,
(3.) Equity is the true fenfe and lound interpreta¬
tion of the rules of law \ and, as fueh, is equally at¬
tended to by the judges of the courts both of common
law and equity.
Chap. IV. Of Public Wrongs.
Sect. I. Of the Nature of Crimes, and their Punijb-
ment.
(1.) In treating of public wrongs may be confidered, exxii.
1. The general of crimes and punilhments. 2.The
perfons capable of committing crimes. 3. Their fever¬
al degrees of guilt. 4. The feveral fpecies of crimes,
and their refpedive punilhments. 5. The means of
prevention. 6. The method of punijhment.
(2.) A crime, or mifdemeanor, is an ad committed,
or omitted, in violation of a public law either forbidding
or commanding it.
(3.) Crimes are diftinguilhed from civil injuries, in
that they are a breach and violation of the public rights,
due to the whole community, confidered as a commu¬
nity.
(4.) Punifhments may be confidered with regard to,
1. The power ; 2. The end; 3. The meafure;—of their
inflidion.
(5.) The/loxt'er, or right, of infliding human punilh-
ments for natural crimes, or fuch as are mala in fe, was
by the law of nature veiled in every individual: but,
bv the fundamental contrad of fociety, is now transfer¬
red to the fovereign power ; in which alfo is veiled, by
the fame contrad, the right of punilhing pofnive of¬
fences, or fuch as are mala prohibita.
(6.) The end of human punilhments is to prevent
future offences; I. By amending the offender himfelf.
2. By deterring others through his example. 3. By
depriving him of the power to do future mifehief.
(7.) The tneafure of human punilhraents mull be
determined by the wifdom ol the fovereign power, and
not
Chap. IV. f, ^
Law «rf not by any uniform uniteffal rule : though that wif-
sSnfJed.don! may be.regulated, and affifled, by certain general,
Epitomifed. . . ^ ,
i t equitable, principles.
SECT. II. Of the Performs capable of Committing
Crimes.
exxiv. C1-) All perfons are capable of committing crimes,
unlefs there be in them a defeS of will: for, to con-
llitute a legal crime, there mull be both a vitious will,
and a vitious aft.
(2.) ihe wall does not concur with the aft, i. Where
there is a defeft of underf ending. 2. Where no will
is exerted. 3. Where the aft is conjlrained by force
and violence.
(3.) A vitious will may therefore be wanting, in the
cafes of, 1. Infancy. 2. Idiocy, or lunacy. 3. Drunk-
ennefs j which doth not, however, excufe. 4. Mis¬
fortune. 5. Ignorance, or miftake of faft. 6. Com-
pulfion, or neceffity; which is, ill, that of civil fub-
jeftion j 2dly, that of durefs per mines} jdly, that of
choofing the lead pernicious of two evils, where one is
unavoidable j 4thly, that of want, or hunger; which
is no legitimate excufe.
(4.) The king, from his excellence and dignity, is
allb incapable of doing wrong.
Sect. III. Of Principals and jicceffories.
-esxv. (1.) The different degrees of guilt in criminals are,
I. As principals. 2. As accejfories.
(2.) A principal in a crime is, 1. He who commits
die faft. 2. He who is prefent at, aiding, and abet¬
ting, the commilhon.
(3.) An accefory is he who doth not commit the
faft, nor is prefent at the commiffion ; but is in fome
fort concerned therein, either before or after.
(4.) Acceffories can only be in petit treafon, and
felony in high treafon, and mifdemeanors, all are prin¬
cipals.
(5.) An acceffory, before the faft, is one who, be¬
ing abfent when the crime is committed, hath pro¬
cured, counfelled, or commanded, another to commit
it.
(6.) An acceffory after the faft, is where a perfon,
knowing a felony to have been committed, receives,
relieves, comforts, or aflifts, the felon. Such accef¬
fory is ufually entitled to the benefit of clergy ; where
the principal, and_acceffory before the faft, are excluded
from it.
Sect. IV. Of Offences againjl God and Religion.
-xxvi. (1.) Crimes and mifdemeanors cognizable by the
laws of England are fuch as more immediately offend,
I. God, and his holy religion. 2. The law of nations.
3. The king, and his government. 4. The public, or
commonwealth. 5. Individuals.
(2.) Crimes more immediately offending God and
religion are, 1. jlpofacy. For which the penalty is
incapacity, and imprifonment. 2. Herefy. Penalty,
for one fpecies thereof: the fame. 3. Offences againft
the eftablilhed church .'—Either, by reviling its ordinan¬
ces. . Penalties : fine j deprivation ; imprifonment 5
torfeiture.—Or, by nonconformity to its worlhip;
VOL. XI. Part II. *
w- 617
^ifl, Through total irreiigion. Penalty: fine^ 2dly, Law of
Through Proteftant differing. Penalty : fufpended by E.n8lftn<1
the toleration aft, Through Popery, either in
profeffors of the popifh religion, popiih recufants, Con-
vift, or popiih prierts. Penalties: incapacity j double
taxes 5 imprifonment j fines; forfeitures; abjuration of
the realm ; judgement of felony, without clergy ; and
judgement of high treafon. 4. Blafphemy. Penalty :
fine, imprifonment, and corporal punilhment. $. Pro¬
fane /wearing and curfng. Penalty : fine, or houfe of
correftion. 6. Witchcraft; or, at leaft, the pretence
thereto. Penalty : imprifonment, and pillory. 7. Re<.
ligious impofures. Penalty: fine, imprifonrnent, and-
corporal puniftiment. 8. Simony. Penalties: forfei¬
ture of double value ; incapacity. 9. Sabbath-breaking.
Penalty: fine. 10. Drunkennefs. Penalty: fine or
flocks. 11. Lewdnefs. Penalties: fine; imprifonment;
houfe of correftion.
Sect. V. Of Offences again/ the Law of Nations*
. (*•) law of nations is a lyftem of rules, dedu- cxxviit
cible by natural reafon, and eftabliflied by univerfal
confent, to regulate the intercourfe between indepen¬
dent ftates.
( 2.) In England, the law of nations is adopted in
its full extent, as part of the law of the land.
(30 Offences againft this law are principally inci¬
dent to whole ftates or nations ; but, when committed
by private fubjefts, are then the objefts of the munici¬
pal law.
(4-) Crimes againft the law of nations, animadverted
on by the laws of England, are, 1. Violation of fafe
conduBs. 2. Infringement of the rights of embaffadors.
Penalty, in both : arbitrary. 3. Piracy. Penalty .*
judgement of felony, without clergy.
Sect. VI. Of High Treafon.
(x.) Crimes and mifdemeanors more peculiarly of- exxvin;
fending the king and his government are, 1. High trea¬
fon. 2. Felonies injurious to the prerogative. 3. Prw-
munire. 4. Other mifprifons and contempts.
(2.) High treafon may, according to the ftatute of
Edward III. be committed, 1. By compafing or ima¬
gining the death of the king, or queen-confort, or their
eldeft fqn and heir : demonftrated by fome overt aft.
2. By violating the king’s companion,’his eldeft daugh¬
ter, or the wife of his eldeft fon. 3. By fome overt aft
of levying war againft the king in his realm. 4. By
adherence to the king’s enemies. 5. By counterfeiting
the king’s great or privy feal. 6. By counterfeiting
the king’s f/io/zey, or importing counterfeit money. 7. By
killing the. chancellor, treafurer, or king’s juftices, in the
execution of their offices.
(3-) High treafns, created by fubfequent ftatutes,
are fuch as relate, 1. To Papifs i as, the repeated de¬
fence of the pope’s jurifdiftion ; the coming from be¬
yond fea of a natural born popifti prieft; the renoun¬
cing of allegiance, and reconciliation to the pope or
other foreign power. 2. To the coinage, or other fig-
natures of the king : as, counterfeiting (or, import-
ting and uttering counterfeit) foreign coin, here cur¬
rent ; forging the fign-manual, privy fignet, or privy
feal; falfifying, &c. the current coin. 3. To the
4 f Protefani
618 • LA
Lav of VroteJIcmt fuccejfion ; as, correfponding with, or remlt-
F: giai.' t|ng t0> the late Pretender’s fons; endeavouving to
^ 1111! impede the fucceffion writing or printing in defence
of ny pretender’s title, or in derogation of the a61 of
fettlement, or of the ]5ower of parliament to limit the
defcent of the crown.
(4.) The punifhment of high treafon, in males, is (ge¬
nerally) to be, t. Drawn. 2. Hanged. 3. Embowel-
led alive. 4. Beheaded. 5. Quartered. 6. The head
and quarters to be at the king’s difpofal. But, in trea-
fons relating to the coin, only to be drawn, and hanged
till dead. Females, in both cafes, are to be drawn,
and burned alive.
Law of
iing land
Eoitomifed.
Sect. VII. Of Felonies injurious to
gativc.
the King's Prcre-
(1.) Felony is that offence which occafions the total
forfeiture of lands or ,goods, at common law j now
ufually alfo punilhabie with death, by hanging j unlefs
through the benefit of clergy.
(2.) Felonies injurious to the king’s prerogative (of
which fome are within, others without clergy) are,
j. Such as relate to the coin: as, the wilful uttering
of counterfeit money, &c.; (to which head fome infe¬
rior mifdemeanors affefling the coinage may be alfo
referred). 2. Confpiring or attempting to kill a privy
counfellor. 3. Serving foreign Hates, or inlifting fol-
diers iox foreign fervice. 4. Embezzling the king’s ar¬
mour or fores. 5. Defertion from the king’s armies by
land or fea.
Sect. VIII. Of Prcemunire.
(1.) Praemunire, in its original fenfe, is the offence
of adhering to the temporal power of the pope, in de¬
rogation of the regftl authority. Penalty : outlawry,
forfeiture, and imprifonment : which hath fince been
extended to fome offences of a different nature.
(2.) Among thefe are, 1. Importing Popifii trin¬
kets. 2. Contributing to the maintenance of Popifli
feminaties abroad, or Popifh priefts in England. 3. Mo-
lefting the pofleffors of abbey lands. 4. Afling as
broker in an ufurious contract, for more than ten per
cent. 5. Obtaining any ftay of proceedings in fuits
for monopolies. 6. Obtaining an exclufive patent for
gunpowder or arms. 7. Exertion of purveyance or
pre-emption. 8. Afferting a legiflative authority in
both or either houfe of parliament. 9. Sending any
fubjeff a prifoner beyond fea. 10. Refufing the oaths
of allegiance and fupremacy. 11. Preaching, teach-
or adviied fpeaking, in defence of the right of
mg,
any pretender to the crown, or in derogation of the
power of parliament to limit the fucceftion. 1 2. Treat¬
ing of other matters by the affembly of peers of Scot¬
land, convened for eledling their reprefentatives in
parliament. 13. Unwarrantable undertakings by un¬
lawful fubfcriptions to public funds.
Sect. IX. Of Mifprifons and Contempts cffecling the
King and Government.
(1.) Mifprifions and contempts are all fuch high of¬
fences as are under the degree of capital.
(2.) Thefe are, I. Negative, in concealing what ought
W. ’ Fart IT.
to be revealed. 2. Poftive, in committing what ought
not to be done.
(3.) Negative mifprifions are, 1. Mifprifion oi trea¬
fon. Penalty : forfeiture and imprifonment. 2. Mif-
prifion of felony. Penalty : fine and imprifonment.
3. Concealment of treafure trove. Penalty : fine and
imprifonment.
(4.) Poftive mifprifions or high mifdemeanors and
contempts, are, 1. Mal-adminif ration of public trulls,
which includes the crime of peculation. Ufual penal¬
ties : banilhment •, fines *, imprilbnment ; difability.
2. Contempts againft the king’s prerogative. Penalty :
fine, an£. imprifonment. 3. Contempt againft his
perfon and government. Penalty : fine, imprifonment,
and infamous corporal punilhment. 4. Contempts
againft his title. Penalties : fine, and imprifonment j
or fine, and difability. 5. Contempts againft his
palaces, or courts of iuftice. Penalties : fine ; imprifon¬
ment ; corporal punilhment $ lofs of right hand j for¬
feiture.
Sect. X. Of Offences againf Public Jufice.
(1.) Crimes efpecially affecling the commonwealth
are offences, 1. Againft the public juf ice. 2. Againft
the public peace. 3. Againft the public trade. 4. A-
gainft the public health. 5. Againft the public police
or economy.
(2.) Offences againft the public jufice, are, I. Fm-
be%%ling or vacating records, and perforating others in
courts of juftice. Penalty : judgement of felony, ufually
without clergy. 2. Compelling prifoners to become
approvers. Penalty : judgement of felony. 3. ObfruB-
ing the execution of procefs. 4. E/capes. 5. Breach
of prifon. 6. Refcue. Which four may (according
to the circumftances) be either felonies, or milde-
meanors punilhabie by fine and imprifonment. 7. Re¬
turning from tranfporiation. This is felony, without
clergy. 8. Taking rewards to help one to his ftolen
goods. Penalty : the fame as for the theft. 9. Receiving
ftolen goods. Penalties: tranfportation ; fine *, and
imprifonment.—TO. Theftbote. II. Common barretry
and filing in a feigned name. 12. Maintenance. 13.
Champerty. Penalty, in thefe four : fine, andrimpri-
fonment. 14. Compounding profecutions on penal lla-
tutes. Penalty: fine, pillory, and difability. i$.Con-
fpiracy; and threats of accufation in order to extort
money, &c. Penalties: the villanous judgement; fine 5
imprilbnment j pillory-, whipping, tranfportation. 16.
Perjury, and fubornation thereof. Penalties: in¬
famy \ imprifonment; fine, or pillory and, fome-
times, tranfportation or houfe of correblion. 17. Bri¬
bery. Penalty: fine, and imprifonment. Embra¬
cery. Penalty: infamy, fine, and imprifonment. 19.
Falfe verddB. Penalty : the judgement in attaint. 20.
Negligence of public officers, &c. Penalty : fine, and
forfeiture of the office. 21. Opprefion by magi-
ftrates. 2 2. Extortion of officers. Penalty, in both :
imprifonment, fine, and fometimes forfeiture of the of¬
fice.
Sect. XI. Of Offences againf the Public Peace.
Offences againft the public peace,
ajfemblies to the number of twelve.
2.
i. Riotous
Appearing
armed.
Chap. IV. LAW. 619
Law of armed, or hunting in difguife. 3. Threatening, or de-
England manding any valuable thing by letter.— All thefe are
Epitomnetl. fe]on;es> without clergy. 4. Deftroying of turnpikes,
&c. Penalties: whipping •, imprifonment j judge¬
ment of felony, with and without clergy. 5. jjjfrays.
6. Riots, routs, and unlawful ajfemhlies. 7. Tumul¬
tuous petitioning. 8. Forcible entry, and detainer.
Penalty, in all four : fine, and impriionment. 9. Go¬
ing unufually armed. Penalty : forfeiture of arms, and
imprifonment. 10. Spreading falfe news. Penalty :
fine, and imprifonment. 11. Pretended prophecies. Pe¬
nalties : fine; imprifonment ; and forfeiture. \v. Chal¬
lenges to fight. Penalty : fine, imprifonment, and fome-
times forfeiture. 13, Libels. Penalty : fine, impri¬
fonment, and corporal punilhment.
Sect. XII. Of Offences dgainfl Public Trade.'
cxxxiv. Offences againft the public trade, are, 1. Owling.
Penalties : fine ; forfeiture ; imprifonment, lofs of left
hand ; tranfportation ; judgement of felony. 2. Smug¬
gling. Penalties : fines ; lofs of goods ; judgement of
felony, without clergy. 3. Fraudulent bankruptcy.
Penalty : judgement of felony without clergy. 4. 17-
funj. Penalty : fine, and imprifonment. 5. Cheating.
Penalties : fine ; imprifonment; pillory ; tnmbrel ;
whipping, or other corporal puniihment, tranfporta¬
tion. 6. Forefalling. 7. Regrating. 8. Engrofing. Pe¬
nalties, for all three: lois of goods; fine; impri¬
fonment ; pillory. 9. Monopolies and combinations to
jraife the price of commodities. Penalties : fines ; im¬
prifonment ; pillory ; lofs of ear ; infamy ; and, fome-
times the pains of preemunire. 10. Exerciling a trade,
not having ferved as an apprentice. Penalty: fine.
11. Tranfporting, or refiding abroad oi artificers. Pe¬
nalties : fine ; imprifonment ; forfeiture ; incapacity ;
becoming aliens.
Sect. XIII. Of Offences againf the Public Health, and
Public Police or Economy.
c*xxv. (1.) Offences againft the public health, are, 1. /r-
regularity, in the time of the plague, or of quarantine.
Penalties : w hipping; judgement of felony, w ith and
without clergy. 2. SeW\r\g unwholefomeprovfons. Pe¬
nalties : amercement ; pillory ; fine ; imprifonment;
abjuration of the town.
(2.) Offences againit the public police and economy
or domeftic order of the kingdom, are, 1. Thofe re¬
lating to clandcfine and irregular marriages. Penal¬
ties : judgement of felony, with and without clergy.
2. Bigamy, or (more properly) polygamy. Penalty :
judgement of felony. 3. Wandering, by foldiers or ma¬
riners. 4. Remaining in England, bv Egyptians; or
being in their fellow/hip one month. Both thefe are
felonies, without clergy. 3. Common nuifances, ift, By
annoyances or purpreftures in highways, bridges, and
rivers; 2:lly, By offenfive trades and manufadtures ;
3dly, By difordgrly houfes ; 4thly, By lotteries ; 5thly,
By cottages ; 6thly, By firewmrks; 7thly, By evefdrop-
ping. Penalty : in all fine. 8thly, By common fcold-
ing. Penalty : the cucking ftool. 6. Idlenefs, diforder,
vagrancy, and incorrigible roguery. Penalties : impri¬
fonment ; whipping ; judgement of felony. 7. Luxury,
in diet. Penalty, difcietionary. Gaming. Penalties:
to gentlemen, fine ; to others, fine and imprifonment; Law cf
to cheating gamefters, fine, infamy, and the corporal .En£lanf*
pains of perjury. 9. Def raying the game. Penalties:
fines, and corporal punilhment.
SECT. XIV. Of Homicide.
(1.) Crimes efpecially affedling individuals, are, cxxxvL
1. Againft their perfons. 2. Againft their habitations.
3. Againft their property.
(2.) Crimes again ft the perfons of individuals, are,
I. By homicide, or deftroying life. 2. By other cor¬
poral injuries.
(3.) Homicide is, 1. fuff able. 2. Excufable. 3. Fe¬
lonious.
(4.) Homicide is jufifiable. 1. By neceffity, and
command of law. 2. By permiflion of law ; 1 It, For
the furtherance of public juftice ; 2dly, For prevention
of fome forcible felony.
(5.) Homicide is excufable. I. Per infortunium, or
by mifadventure. 2. Se dfendendo or in felf-defence,
by cbaAce-medley. Penalty, in both : forfeiture of
goods ; which however is pardoned of courfe.
(6.) Felonious homicide is the killing of a human
creature wdthout juftification or excufe. This, is, r. Kil¬
ling one'sfelf 2. Killing another.
(7,) Killing one's fetf or fe/f-murder, is where one
deliberately, or by any unlawful malicious a61, puts ait.
end to his own life. This is felony ; punuhed by igno¬
minious burial, and forfeiture of goods and chattels.
(8.) Killing another is, 1. Manf aughter. 2. Murder.
(9.) Manfaughter is the unlawful killing of another,
without malice, exprefs or implied. This is either,
1. Voluntary, upon a fudden heat. 2. Involuntary,
in the commiffion of fome unlawful a£l. Both are fe¬
lony, but within clergy; except in the cafe offobbing.
(10.) Murder is when a perfon, of found memory
and dilcretion, unlawfully killeth any reafonable crea¬
ture, in being, and under the king’s peace ; wdth ma¬
lice aforethought, either exprefs or implied. This is
felony, without clergy ; punilhed with fpeedy death,
and hanging in chains, or diffedtion.
(11.) Petit treafon (being an aggravated degree of
murder} is where the fervant kills his mafter, the wife
her hufband, or the ecclefiaftic his fuperior. Penalty :
in men, to be drawn and hanged ; in wromen, to be
drawn and burned.
Sect. XV. Of Offences againf the Perfons of Indivi¬
duals.
Crimes affedling the perfons of individuals, by other cxxxvii.
corporal injuries not amounting to homicide, are,
1. Mayhem; and alfo fhooting at another. Penalties :
fine ; imprifonment; judgement of felony, without cler¬
gy. 2. Forcible abduction, and marriage or defilement,
of an heirefs; which is felony : alfo, fcaling, and dc-
fowering or marrying, any woman child under the age
oifxteen years ; for which the penalty is imprifonment,
fine, and temporary forfeiture of her lands. 3. Rape,
and alio carnal knowledge, of a woman child under the
age of ten years. 4. Buggery, with man or beati. Both
thefe are felonies, without clergy. 5. Afault. 6. Bat¬
tery ; efpecially of clergymen. 7. Wounding. Penal¬
ties, in all three: fine: imprifonment; and other cor-
4 I 2 poral
'62Q
t A \V.
Part II.
Law of poral puniflimeat. 8. Falfe impriPmment, Penalties:
England fine j imprifonment j and (in forae atrocious cafes) the
mi tom ilea. • c • « • ^ ,
i. ^ pains ot prcrrnumrc, and incapacity or omce or pardon.
9. Kidnapping, or forcibly dealing away the king’s fub-
jedls. Penalty: fine j imprifonment j and pillory.
Sect. XVI. Of Offences tigairift the Habitations of In¬
dividuals.
cxxxviii. (1.) Crimes, affefting the habitations of individuals
are, 1. Arfon. 2. Burglary.
(2.) Arfon is the malicious and wilful burning of
the houfe, or out-houfe, of another man. This is fe¬
lony : in fome cafes within, in others without, clergy.
(3.) Burglary is the breaking and entering, by night,
into a manfion houfe : with intent to commit a felony.
This is felony, without clergy.
SECT. XVII. Of Offences againjl Private Property.
ciKsix. f1*) Crimes affe&ing the private/>ro/>cr/y of indivi¬
duals are, 1. Larciny. 2. Malicious jntfehief. 3. Por-
^nd-
( 2.) Larciny is, 1. Simple. 2. Mixed or compound.
(3.) Simple larciny is the felonious taking, and car-
r-ying away, of the perfonal goods of another. And
k is, 1. Grand larciny 5 being above the value of
twelve pence. Which is felony \ in fome cafes with¬
in, in others without, clergy. 2. Petit larciny j to the
value of twelvepence or under. Which is alfo felony,
but not capital j being punilhed with whipping, or
tranfportation.
(4.) Mixed, or compound, larciny, is that wherein
the taking is accompanied with the aggravation of be¬
ing, 1. From the houfe. 2. From "Che. p erf on.
(5.) Larcinies from the houfe, by day or night, are
felonies without clergy, when they are, 1. Larcinies,
above twelve pence, from a church j or by breaking a
tent or booth in a market or fair, by day or night, the
owner or his family being therein ;—or by breaking a
dwelling houfe by day, any perfon being therein ;—or
from a dwelling houfe by day, without breaking, any
perfon therein being put in fear \—or from a dwelling
houfe by night, without breaking, the owner, or his
family being therein and put in fear. 2. Larcinies, of
five fhillings, by breaking the dwelling houfe, (hop, or
warehoufe by day, though no perfon be therein j—
or, by privately dealing in any (hop, warehoufe, coach-
houfe, or dable, by day or night, without breaking,
and though no perfon be therein. 3. Larcinies, of
forty fhillings, from a dwelling houfe or its out-houfes,
without breaking, and though no perfon be therein.
(6.) Larciny from the perfon is, 1. By privately
fiea/ing,. from the perfon of another, above the value of
twelvepence. 2. By robbery; or the felonious and
forcible taking, from the perfon of another, in or near
the highway, goods or money of any value, by putting
him in fear. Thefe are both felonies without clergy.
An attempt to rob is alfo felony.
(7.) Malicious mifehief, by deftroying dykes, goods,
cattle, (hips, garments, fi(h ponds, trees, woods, church¬
es, chapels, meeting-houfes, houfes, out-houfes, corn,
hay, draw, fea or river banks, hop-binds, coal-mines (or
engines thereunto belonging^-, or any fences for enclo-
fures by a& of parliament, is felony ; and, in mod cafes, Law of
without benefit of clergy. England
(8.) Forgery \s the fraudulent making or alteration E^‘to^n le<^
of a writing, in prejudice of another’s right. Pe¬
nalties : fine ; imprifonment; pillory ; lofs of nofe
and ears; forfeiture j judgement of felony, without
clergy.
SECT. XVIII. Of the Means of Preventing Offences.
(1.) Crimes and mifdemeanors may be prevented, cxk
by compelling fufpefted perfons to give fecurity:
which is effeded by binding them in a conditional re¬
cognizance to the king, taken in court, or by a magi-
ftrate.
(2.) Thefe recognizances may be conditioned, 1. To
keep the peace. 2. To be oi good behaviour.
(3.) They may be taken by any juftice or conferva-
tor of the peace, at his own diferetion ; or, at the re-
queft of fuch as are entitled to demand the fame.
(4.) All perfons, who have given fufficient caufe to
apprehend an intended breach of the peace, may be
bound over to keep the peace; and all thofe, that be
not of good fame, may be bound to the good behaviour ;
and may, upon refufal in either cafe, be committed to
gaol.
Sect. XIX. Of Courts of Criminal Jurifdiclion.
( 1.) In the method of punifhment may be confider- cxlL
ed, 1. The feveral courts of criminal jurifdi&ion. 2.
The feveral proceedings therein.
(2.) The criminal courts are, 1. Thofe of a public
and general jurifdiftion throughout the realm. 2. Thofe
of a private and fpecial jurifdidion.
(3.) criminal courts are, 1. The high court
of parliament j which proceeds by impeachment. 2. The
court of the lord high fteward j and the court of the
king in full parliament : for the trial of capitally in-
difted peers. 3. The court of king’s bench. 4. The
court of chivalry. 5. The court of admiralty, under
the king’s commiffion. 6. The courts of oyer and
terminer, and general gaol delivery. 7. The court of
quarter fefiions of the peace. 8. The (herifF’s tourn.
9. The court left. 10. The court of the coroner.
11. The court of the clerk of the market.
(4.) Private criminal courts are, 1. The court of the
lord fteward, &c. by ftatute of Henry VII. 2. The
court of the lord fteward, &c. by ftatute of Hen¬
ry VIII. 3. The univerfity courts.
Sect. XX. Of Summary ConviBions.
( 1.) Proceedings in criminal courts are, 1. Summary. cxlfi
2. Regular.
(2.) Summary proceedings are fuch, whereby a man
may be convifted of divers offences, without any formal
procefs or jury, at the diferetion of the judge or
judges appointed by ad! of parliament, or common
law.
(3.) Such are, I. Trials of offences and frauds a-
gainft the law's of excife and other branches of the
king’s revenue. 2. Convictions before jufiices of the
peace upon a variety of minute offences, chiefly againty
the
Chap. IV. L
L iw of the public police. 3. Attachments for contempts to the
Eng lard fUpCrJor COurtS of juftice.
Epitomiied. * J
Sect. XXI. Of Arrejls.
ejliii. (x.) Regular proceedings in the courts of common
law, are, \. ArreJ}. 2. Commitment bail. 3. Pro-
fecution. 4. Procefs. 5. Arraignment, and its inci¬
dents. 6. Plea and ffue. rj. Trial and conviclion,
8. Clergy. 9. Judgement, and its confequences. xo.
Rewr/^r/Gf judgement. 11. Reprieve ox pardon. 12.
Execution.
(2.) An arrejl is the apprehending, or reftraining,
of one’s perfon •, in order to be forthcoming to anfwer
a crime whereof one is accufed or fufpe&ed.
(3.) This may be done, 1. By warrant. 2. By an
officer, without warrant. 3. By a private perfon,
without warrant. 4. By hue and cry.
Sect. XXII. Of Commitment and Bail.
(1.) Commitment is the confinement of one’s per¬
fon in prifon, for fafe cuftody, by warrant from pro¬
per authority ; unlefs, in bailable offences, he puts
in fufficient bail, or fecurity for his future appear¬
ance.
(2.) The magiftrate is bound to take reafonable bail,
if offered ; unlefs the offender be not bailable.
(3.) Such are, 1. Perfons accufed of treafon ; or,
i. Of murder ; or, 3. Of manflaughter, by indictment $
or if the prifoner was clearly the flayer. 4. Prifon
breakers, when committed for felony. 5. Outlaws.
6. Thofe who have abjured the realm. 7. Approvers,
and appellees. 8. Perfons taken with the mainour.
9. Perfons accufed of arfon. 10. Excommunicated per¬
fons.
(4.) The magiftrate may, at his difcretion, admit
to bail, or other wife, perfons not of good fame, char¬
ged with other felonies, whether as principals or as ac-
ceffories.
(5.) If they be of good fame, he is bound to admit
them to bail.
(6.) The court of king’s bench, or its judges in time
of vacation, may bail in any cafe whatfoever.
Sect. XXIII. Of the Several Modes of Profecution.
cxlv. (1.) Profecution, or the manner o accufing of¬
fenders, is either by a previous finding of a grand
jury; as, 1. Ey prefentment. 2. By indidiment. Or,
without fuch finding. 3. By information. 4. By ap¬
peal.
(2.) A. preferment is the notice taken by a grand
jury of any offence, from their own knowledge or ob-
fervation.
(3.) An indiclment is a written accufation of one or
more perfons of a crime or mifdemeanor, preferred to,
and prefented on oath by, a grand jury ; expreffing
with fufficient certainty, the perfon, time, place, and
offence.
(4.) An information is, 1. At the fuit of the king
and a fubjeCf, upon penal ftatutes. 2. At the fuit of
the king only. Either, 1. Filed by the attorney ge¬
neral ex officio, for fuch mifdemeanors as affeCI the
A W. ^
king’s perfon or government: or, 2. Filed by the ma- Law of
fter of the crown office (with leave of the court of E.ngland
king’s bench) at the relation of fome private fubjeft EP1’omifed;
for other grofs and notorious mifdemeanors. All dif¬
fering from indi&ments in this; that they are exhibited
by the informer, or the king’s officer; and not on the
oath of a grand jury.
(5*). An appeal is an accufation or fuit, brought by
one private fubjefl againft another, for larciny, rape,
mayhem, arfon, or homicide : which the king can¬
not difcharge or pardon, but the party alone can re-
leafe.
Sect. XXIV. Of Procefs upon an IndiElment.
(1.) Procefs to bring in an offender, when indi&ed cxlvi"
in his abfence, is, in mifdemeanors, by venire facias,
diftrefs infinite, and capias : in capital crimes, by capias
only : and, in both, by outlawry.
(2.) During this ftage of proceedings, the indict¬
ment may be removed into the court of king’s bench
from any inferior jurifdiction, by writ of certiorari fa¬
cias : and cognizance muff be claimed in places of ex*
clufive jurifdiCtion.
Sect. XXV. Of Arraignment, and its Incidents.
(1.) Arraignment is the calling of the prifoner to the cxlvft,' >-
bar of the court, to anfwer the matter of the indict¬
ment.
(2.) incident hereunto are, 1. The Itanding mute
of the prifoner : Tor which, in petit treafon, and felo¬
nies of death, he {hall undergo the peine fort et dure.
2. His confeffion ; which is either Jimple, or by way of
approvement.
Sect. XXVI. Of Plea, and its Ijfue.
(l.) The plea, or defenfive matter alleged by the cxlvuiv •
prifoner, may be, 1. A plea to the jurifdiaion. '2. A
demurrer in point of law. 3. A plea in abatement.
4. A fpecial plea in bar ; which is, ill, Auterfoits ac¬
quit ; 2dly, Auterfoits convict; 3dly, Auterfoits attaint;
4thly, A pardon. 5. The general iffue, not guilty.
(2.) Hereupon iffue is joined by the clerk of the ar¬
raigns, on behalf of the king.
Sect. XXVII. Of Trial, and Conviction.
(1.) Trials of offences, by the laws of England, exfife '
were and are, 1. By ordeal, of either fire or water.
2. By the corfned. Both thefe have been long abolilhed.
3. By battel, in appeals and improvements. 4. By the
peers of Great Britain. 5. By jury.
(2.) The method and procefs of trial by jury is,
I. The impannelling of the jury. 2. Challenges;
iff, for caufe ; 2dly, peremptory. 3. Tales de circum-
f antibus. 4. The oath of the jury. 5. The evidence.
6. The verdiCt, either general or fpecial.
(3.) Conviction is when the prifoner pleads, or is
found guilty ; whereupon, in felonies, the profecutor -
is entitled to, 1. His expences. 2, Reftitution of his
goods.
Sest-t
L
A
'622
Law of
England SECT. XXVIII. Of the Beneft of Clergy.
Epitomifed.
V ' (1.) Clergy, or the benefit thereof, was originally
derived from the ufurped jurifdiflion of the Popiih ec-
clellaflics 5 but hath fince been new-modelled by feveral
llatutes.
(2.) It is an exemption of the clergy from any other
fecular punilhment for felony, than imprifonment for
a year, at the court’s difcretion ; and it is extended
likewife, abfolutely, to lay peers, for the firft offence 5
and to all lay-commoners, for the firft offence alfo,
upon condition of branding, imprifonment, or tranf-
portation.
(3.) All felonies are entitled to the benefit of cler¬
gy, except fuch as are now oufted by particular fta-
tutes.
(4.) Felons, on receiving the benefit of clergy,
(though they forfeit their goods to the crown), are
difcharged of all clergyable felonies before committed,
and reftored in all capacities and credits.
Sect. XXIX. Of 'Judgement, and its Confequences.
c^’ (1.) Judgement (unlefs any matter be offered in ar-
reft thereof) follows upon conviction j being the pro¬
nouncing of that punifhment which is exprefsly ordain¬
ed by law.
(2.) Attainder of a criminal is the immediate confe-
quence, x. Of having judgement of death pronounced
upon him. 2. Of outlawry for a capital offence.
(3.) The confequences of attainder are, 1. Forfei¬
ture to the king. 2. Corruption of blood.
(4.) Forfeiture to the king is, 1. Of real eftates,
upon attainder ;—in high treafon, abfolutely, till the
death of the late Pretender’s fons ;—in felonies, for the
king’s year, day, and wafte 5—in mifprifion of treafon,
affaults on a judge, or battery fitting the courts •, during
the life of the offender. 2. Of perfonal eftates, upon
conviClion •, in all treafon, mifprifion of treafon, felony,
excufable homicide, petit larceny, Handing mute upon
arraignment, the above-named contempts of the king’s
courts, and flight.
(5.) Corruption of blood xs, an utter extinction of all
inheritable quality therein : fo that, after the king’s
forfeiture is firft fatisfied, the criminal’s lands efeheat to
W. Part III.
the lord of the fee } and he can never afterwards inhe- Law of
rit, be inherited, or have any inheritance derived through
Sect. XXX. Of Reverfal of Judgement.
(1.) Judgements, and their confequences, may be clh-
avoided, 1. By falffying, or reverfng, the attainder.
2. By reprieve, or pardon.
(2.) Attainders may be faljifed, or reverfed. 1. With¬
out a writ of error ; for matter dehors the record. 2. By
writ of error $ for miftakes in the judgement, or record.
3. By aCt of parliament •, for favour.
(3.) When an outlawry is reverfed, the party is re¬
ftored to the fame plight as if he had appeared upon
the capias. When a judgement, on conviction, is rever¬
fed, the party Hands as if never accufed.
Sect. XXXI. Of Reprieve, and Pardon.
(l.) A reprieve is a temporary fufpenfion of the elm.
judgement, 1. Ex arbitno judicts. 2. Ex neceffitate le-
gis ; for pregnancy, infanity, or the trial of identity of
perfon, which muft always be tried injlanter.
(2.) A pardon is a permanent a voider of the judge¬
ment by the king’s majefty, in offences againft his
crown and dignity •, drawn in due form of law, allowed
in open court, and thereby making the offender a new
man.
(3.) The king cannot pardon, 1. Imprifonment of
the fubjeCl beyond the feas. 2. Offences profecuted by
appeal. 3. Common nuifances. 4. Offences againft
popular or penal ftatutes, after information brought by
a fubjeCt. Nor is his pardon pleadable to an impeach¬
ment by the commons in parliament.
Sect. XXXII. Of Execution.
(1.) Execution is the completion of human punifti- cliv.
ment, and muft be ftriCfly performed in the manner
which the law direfts.
(2.) The warrant for execution is fometimes under
the hand and leal of the judge ; fometimes by writ
from the king j fometimes by rule of court j but com¬
monly by the judges figning the calendar of prifoners,
with their feparate judgements in the margin.
PART III. THE LAW OF SCOTLAND.
civ.
Municipal
law.
GENERAL OBSERVATIONS.
I. THE municipal law of Scotland, as of moft other
countries, confifts partly of ftatutory or written law,
which has the exprefs authority of the legiflative power ;
partly of cuftomary or unwritten law, which derives
force from its prefumed or tacit confent.
2. Under our ftatutory or written law is compre-
^ - hended, (1.) Our ails of parliament: not only thofe
1 lament.*3"" which were made in the reign of James I. of Scot¬
land, and from thence down to our union with Eng¬
land in 1707, but fuch of the Britifh ftatutes enacled
fince the Union as concerned this part of the united
kingdom.
Statutory
3. The remains of our ancient wu-itten law wTere pub-Regiam
liftied by Sir John Skene, clerk regifter, in the begin-
ning of the laft century, by licenfe of parliament. Thetein‘
books of Regiam Majefatem, to which the whole col¬
lection owes its title, feem to be a fyftem of Scots law,
written by a private lawyer at the command of Da¬
vid I. •, and though no exprefs confirmation of that
treatife by the legiflature appears, yet it is admitted to
have been the ancient law of our kingdom by exprefs
ftatutes. The borough laws, which were alfo enafted
by the fame King David, and the ftatutes of William,
Alexander II. David II. and the three Roberts, are
univerfally allowed to be genuine. Our parliaments
have once and again appointed commiflions to revife and
amend __
Part Ilf.
Law of
Scotland.
Adis of fe-
derunt.
Avitfiority
of the civil
and canon
laws.
amend the Regiarn Mnjejlatsm, and the other ancient
books of our law, and to make their report : but as no
report appears to have been made, nor confeqnently any
ratification by parliament, none of thefe remains are re¬
ceived, as of proper authority, in our courts •, yet they
are of excellent ufe in proving and illuilrating our moll
ancient cuftoms.
4. Our written law comprehends, (2.) The adls of
federunt, which are ordinances for regulating the forms
of proceeding before the court of feffion in the admi-
niftration of jutlice,- made by the judges, who have a
delegated power from the legillature for that purpofe.
Some of thefe adls dip upon matter of right, which de¬
clare what the judges apprehend to be the law of Scot¬
land, and what they are to obferve afterwards as a rule
of judgement.
5. The civil, or Roman and canon laws, though
they pre not perhaps to be deemed proper parts of our
written law, have undoubtedly had the greateft in¬
fluence in Scotland. The powers exercifed by our
fovereigns &nd judges have been juftified upon no other
ground, than that they were conformable to the civil
or canon laws 5 and a fpecial flatute was judged necef-
fary, upon the Reformation, to refeind fuch of their
conilitutions as were repugnant to the Proteftant doc¬
trine. From that period, the canon law has been little
refpedled, except in queftions of tithes, patronages,
and fome few more articles of ecclefiallical right : but
the Roman continues to have great authority in all
cafes where it is not derogated from by ftatute or cuf-
tom, and where the genius of our law fuffers us to ap-
p!y it.
6. Our unwritten or cuflomary law, is that which
without being exprefsly enafled by flatute, derives its
force from the tacit confent of king and people ; w'hich
confent is prefumed from the ancient cuflom of the
community. Cudom, as it is equally founded in the
will of the lawgiver with written law, has therefore the
fame effedls : }ience, as one ftatute may be explained
or repealed by another, fo a ftatute may be explained
by the uniform pradlice of the community, and even
go into difufe by a pofterior contrary cuftom. But
this power of cuftom to derogate from prior ftatutes
is generally confined by lawyers to ftatutes concerning
private right, and does not extend to thofe which re¬
gard public policy.
Decifionsof 7. An uniform tradl of the judgements or decifions
Jie fefiion. court 0f feTion is commonly conlidered as part
of our cuftomary law ; and without doubt, where a par¬
ticular cuftom is thereby fixed or proved, fuch cuftom
of itfelf conftitutes law : but decifions, though they
bind the parties litigating, have not, in their own na¬
ture, the authority of law in fimilar cafes ; yet, where
they continue uniform, great weight is juftly laid on
Judgements them. Neither can the judgements of the houfe of peers
“d^f Great Britain reach farther than to the parties in the
appeal, fince in thefe the peers aft as judges, not as
lawgivers.
Promulga- g. Though the laws of nature are fufficiently pub-
iion ot ‘lws-Ufhed by the internal fuggeftion of natural light, civil
laws cannot be confidered as a rule for the condudt cf
life, till they are notified to thofe whofe condufl they
are to regulate. The Sco/s afls of parliament were, by
our moll ancient cultom, proclaimed in all the different
fibres, boroughs, and baron courts, of the kingdom.
Cuftomary
•or common
law.
A W.
But after our ftatutes came to be printed, that cuftom
was gradually neglected ; and at lait, the publication (
of our laws, at the market-crofs of Edinburgh, was
declared fufficient 5 and they became obligatory 40
days thereafter. Britifh ftatutes are deemed fufficient¬
ly notified, without formal promulgation j either be-
caufe the printing is truly a publication ; or becaufe
every fubjeft is, Ly a maxim of the Engliih law, party
to them, as being prefent in parliament, either by hio»-
felf or his reprefentative. After a law is publifhed, no
pretence of ignorance can excufe the breach of it.
9. As laws are given for the rule of our condufl,
they can regulate future cafes only ; for paft afiions,
being out of our power, can admit of no rule. Decla¬
ratory laws form no exception to this ; for a ftatute,
where it is declaratory of a former law, does no more
than interpret its meaning ; and it is included in the
notion of interpretation, that it mufl draw back to the
date of the law interpreted.
JO. By the rules of interpreting flatute law receivedInterpreta-
in Scotland, an argument may be ufed from the title tion of law^>
to the a cl itfelf, a rubro ad nigrum ; at leaft, where
the rubric has either been originally framed, or after¬
wards adopted by the legislature. The preamble or
narrative, which recites the inconveniences that had
arifen from the former law 5 and the caufes inducing the
enactment, may alfo lead a judge to the general mean¬
ing of the flatute. But the chief weight is to be laid
on the flatutory words.
XI. Laws, being dire6led to the unlearned as well
as the learned, ought to be conflrued in their moft ob¬
vious meaning, and not explained away by fubtle di-
ftineftions ; and no law is to fuffer a figurative interpre¬
tation, where the proper fenfe of the words is as com¬
modious, and equally fitted to the fubjefil of the fta¬
tute. Laws ought to be explained fo as to exclude ab-
furdities, and in the fenfe which appears moil agreeable
to former laws, to the intention of the lawgiver, and
to the general frame and ftrudlure of the conflitution.
In prohibitory laws, where the right of a£ling is taken
from a perfon, folely fbr the private advantage of an¬
other, the confent of him, in whofe behalf the law was
made, fhall fupport the a£l done in bveach of it j but
the confent of parties immediately interefted hals no
effefl in matters which- regard the public utility of a
ftate. Where the words of a llatute are capable but of
one meaning, the llatute mufl be obferved, however
hard it may bear on particular perfons. Neverthelefs,
as no human fyftem of laws can comprehend all pof-
fible cafes, more may fometimes be meant by the law¬
giver than is expreiTed ; and hence certain ftatutes,
where extenfion is not plainly excluded, may be ex¬
tended beyond the letter, to fimilar and omitted cafes :
others are to be confined to the llatutory words.
12. A ftrifl interpretation is to be applied, (l.) To Strifh
correftery ftatutes, which repeal or rellrift former laws;
and to flatutes which ena6l heavy penalties, or reflrain
the natural liberties of mankind. (2.) Laws, made on
occafion of prefent exigencies in a flate, ought not to
be drawn to fimilar cafes, after the prefiure is over.
(3.) Where ftatutes eftablifh certain folemnities as re-
quifite to deeds, fuch folemnities are not fuppliable by
equivalents ; for folemnities lofe their nature, when they
are not performed fpecifically. (4.) A flatute, which
enumerates fpecial cafes, is, with difficulty, to be ex-
tended
624
Law of
Scotland.
Ample.
L A
tended to cafes not expreffed j but, where a law does
not defcend to particulars, there is greater reafon to
extend it to fimilar cafes. (5.) Statutes, which carry
a difpenfation or privilege to particular perfons or fo-
eieties, fuffer a drift interpretation 5 becaufe they de¬
rogate from the general law, and imply a burden upon
the reft of the community. But at no rate can a
privilege be explained to the prejudice of thofe in
whofe behalf it was granted. As the only founda¬
tion of cuftomary law is ufage, which confifts in faft,
fuch law can go no farther than the particular ufage has
gone.
13. All ftatutes, concerning matters fpecially fa¬
voured by law, receive an ample interpretation j as laws
for the encouragement of commerce, or of any ufeful
public undertaking, for making effeftual the wills of
dying perfons, for reftraining fraud, for the fecurity
of creditors, &c. A ftatute, though its fubjeft matter
fliould not be a favourite of the law, may be extended
to fimilar cafes, which did not exift when the ftatute
was made j and for which, therefore, it was not in the
lawgiver’s power to provide.
14. Every ftatute, however unfavourable, muft re¬
ceive the interpretation neceflary to give it effeft : and,
on the other hand, in the extenfion of favourable laws,
fcope muft not be given to the imagination, in difco-
vering remote refemblances j the extenfion muft be li¬
mited to the cates immediately fimilar. Where there
is ground to conclude that the legiflature has omitted
a cafe out of the ftatute purpofely, the ftatute cannot
be extended to that cafe, let it be ever fo fimilar to
the cafes expreffed.
I (j. The objefts of the laws of Scotland, according
to Mr Erlkine, one of the lateft writers on the fubjeft,
are, Perfons, Things, and Aftions.
Chap. I. 0/" Persons.
Among perfons, judges, who are invefted with jurif-
diftion, deferve the firft confideration.
Sect. I. Of 'Jurifdittion and Judges in General.
#urhdiction. Jurifdiftion is a power conferred upon a judge or
magiftrate, to take cognizance of and decide caufes
according to law, and to carry his fentences into execu¬
tion. That traft of ground, or diftrift, within which
a judge has the right of jurifdiftion, is called his ter¬
ritory : and every aft of jurifdiftion exercifed by a
judge without his territory, either by pronouncing fen-
tence, or carrying it into execution, is null.
King the 2. The fupreme power, which has the right of en-
fountain of afting laws, falls naturally to have the right of ereft-
jurifdiftion. }ng COurts, and appointing judges, who may apply
thefe law's to particular cafes : but, in Scotland, this
right has been always intrufted with the crown, as
having the executive power of the ftate.
Biftindlions 3. Jurifdiftion is either fupreme, inferior, or mixed,
of jurifdic- ’J'hat jurifdiftion is fupreme, from which there lies no
*ien' appeal to a higher court. Inferior courts are thofe
whofe fentences are fubjeft to the review of the fupreme
courts, and whofe jurifdiftion is confined to a particu¬
lar territory. Mixed juriidiftion participates of the
nature both of the fupreme and inferior : thus the
judge of the high court of admiralty, and the com-
3
w.
Part III.
clvi.
miffaries of Edinburgh, have an univerfal jurifdiftion Law of
over Scotland, and they can review the decrees of, 3Cuti«nd-,
inferior admirals and commiffaries: but fince their
own decrees are iubjeft to the review of the courts of
feflion or jufticiary, they are, in that refpeft, inferior
courts.
4. Jurifdiftion is either civil or criminal: by the firft,
queftions of private right are decided •, by the other,
crimes are puniihed. But, in all jurifdiftion, though
merely civil, there is a power inherent in the judge to
punilh either corporally, or by a pecuniary fine, thofe
who offend during the proceedings of the court, or
who {hall afterwards obftruft the execution of the fen-
tence.
5. Jurifdiftion is either privative or cumulative.
Privative jurifdiftion, is that which belongs only to one
court, to the exclufion of all others. Cumulative, o-
therwife called concurrent, is that w’hich may be exer¬
cifed by any one of two or more courts, in the fame
caufe. In civil cumulative juriidiftion, the private pur-
fuer has the right of eleftion before which of the courts
he {hall fue ; but as, in criminal queftions which are
profecuted by a public officer of court, a collifion of
jurifdiftion might happen, through each of the judges
claiming the exercife of their right, that judge, by
whole warrant the delinquent is firft cited or appre¬
hended (which is the firft ftep of jurifdiftion), acquires
thereby {jure prcevenlionisj the exclufive right of judge-
ing the caufe.
6. All rights of jurifdiftion, being originally grant¬
ed in confideration of the fitnefs of the grantee, were
therefore perfooal, and died with himfelf. But, upon
the introduftion of the feudal fyftem, certain jurifdic-
tions w’ere annexed to lands, and defcended to heirs, as
well as the lands to which they were annexed j but now
all heritable jurifdiftions, except thofe of admiralty and
a fmall pittance referved to barons, are either abolifli-
ed, or refumed and annexed to the crown.
7. Jurifdiftion is either proper or delegated. Pro¬
per jurifdiftion, is that which belongs to a judge or
magiftrate himfelf, in virtue of his office. Delegated,
is that which is communicated by the judge to another
who afts in his name, called a depute ox deputy. Where
a deputy appoints one under him, he is called fubjh-
tute. No grant of jurifdiftion, which is an office re¬
quiring perfonal qualifications, can be delegated by
the grantee to another, without an exprefs power in the
grant. , . (
8. Civil jurifdiftion is founded, 1. Ratione domicilii, Civil jurifs
if the defender has his domicile within the judge’s ter-
ritory. A domicile is the dwelling place where a per-
fon lives with an intention to remain j and cuftom has
fixed it as rule, that refidence for 40 days founds ju¬
rifdiftion. If one has no fixed dwelling place, e. g. a
foldier, or a travelling merchant, a perfonal citation
againft him within the territory is Efficient to found
the judge’s jurifdiftion over him, even in civil que¬
ftions- As the defender is not obliged to appear be¬
fore a court to which he is not fubjeft, the purfuer muft
follow the defender’s domicile.
9. It is founded. 2. Ratione reiflce, if the fubjeft
in queftion lie within the territory. _ If that fubjeft be
immoveable, the judge, whofe jurifdiftion is founded
in this way, is the foie judge competent, excluding the
nidge of the domicile.
10. Where
Chap. I. LA
Law of io. Where one, who has not his domicile within the
. Scotland, territory, is to be fued before an inferior court, ratione
rei fitthe court of leffion muft be applied to, whofe
Letters of jurifdi&ion is univerfal, and who, of courfe, grants let-
fapplement- ters Qf fUpplement to cite the defender to appear be¬
fore the inferior judge. Where the party to be fued
refides in another kingdom, and has an eftate in this,
the court of feflion is the only proper court, as the
commune forum to all perfons refiding abroad } and the.
defender, if his eftate be heritable, is confidered as law¬
fully fummoned to that court, by a citation at the mar¬
ket crofs of Edinburgh, and pier and ftiore of Leith :
but where a ftranger, not a native of Scotland, has on¬
ly a moveable eftate in this kingdom, he is deemed to
be fo little fubjeft to the jurifdiftion of our courts, that
adion cannot be brought againft him till his effedts be
firft attached by an arreftment jurifdiBionis fundandce
caufa ; which is laid on by a warrant iffuing from the
fupreme courts of feffion, or admiralty, or from that
within whofe territory the fubjeft is fituated, at the
fuit of the creditor.
Arreftment II. A judge may, in fpecial cafes, arreft or fecure
fef ftrangers. the perfons of fuch as have neither domicile nor eftate
within his territory, even for civil debts. Thus, on the
border between Scotland and England, warrants are
granted of courfe by the judge-ordinary of either fide,
againft thofe who have their domicile upon the op-
polite fide, for arrefting their perfons, till they give
czuUonjudicioffi; and even the perfons of citizens or
natives may be fb fecured, wdrere there is juft reafon to
fufpebf that they are in meditatione fugce, i. e. that they
intend fuddenly to withdraw from the kingdom j upon
which iufpicion, the creditor who applies for the war¬
rant muft make oath. An inhabitant of a borough-
royal, who has furnilhed one who lives without the bo¬
rough in meat, clothes, or other merchandife, and wdio
has no fecurity for it but his own account book, may
arreft his debtor, till he give fecurity judicio ffi.
Grounds of I 2. A judge may be declined, i, e. his jurifdiblion
•kcdnature. difowmed judicially, I. Ratione caufe, from his incom¬
petency to the fpecial caufe brought before him. 2. Ra¬
tione fufpcBi judicis ; where either the judge himfelf, or
his near kinfman, has an intereft in the fuit. No judge
can vote in the caufe of his father, brother, or fon, ei¬
ther by confanguinity or affinity ; nor in the caufe of
his uncle or nephew by confanguinity. 3. Ratione
privilegn; where the party is by privilege exempted
from their jurifdibtion.
Prorogatedj 13. Prorogated jurifdicHon (jurifdiclio in confenticn-
junfdufhon. tes) js ^3,- which is, by the content of parties, confer-'
red upon a judge, who without fuch confent, would
be incompetent, Where a judge is incompetent, every
ftep he takes muft be null, till his jurifdiftion be made
competent by the party’s abtual fubmiffion to it. It
is otherwife wffiere the judge is competent, but may be
declined by the party upon privilege.
M; I'1 order to prorogation, the judge muft have
jurifdibtion, fuch as may be prorogated. Hence, pro¬
rogation cannot be admitted wffiere the judge’s jurifdic-
tion is excluded by ftatutc. Yet where the caufe is of
the fame nature with thofe to which the judge is com¬
petent, though law may have confined his jurifdibh’on
w’ithin a certain furn, parties may prorogate it above
that fum unlefs where prorogat on is prohibited. Pro¬
rogation is not admitted in the king’s caufes ; for the
VOL. XI. Part II.
/ W. 625
intereft of the crown cannot be hurt
of its officers.
15. All judges muft; at their admiffion fvvear, 1. The Qaths 0f
oath of allegiance, and fubfcribe the affurance ; 2. The judges,
oath of abjuration 5 3. The oath of fupremacy ; laftly,
The oath de fideh adnnnif ratione.
16. A party who has either properly declined the Letters of
jurifdiclion of the judge before whom he had been ci- advocation,
ted, or who thinks himfelf aggrieved by any proceed¬
ings in the caufe, may, before decree, apply to the court
of feffion to HTue letters of advocation for calling the
aftion from before the inferior court to themfelves.
The grounds, therefore, upon which a party may pray
for letters of advocation, are incompetency and iniqui¬
ty. Under incompetency, is comprehended not only
defeft of jurifdiftion, but all the grounds of declining
a jurifdi&ion, in itfelf competent, arifing either from
fulpicion of the judge, or privilege in the parties. A
judge is faid to commit iniquity, wThen he either delays
juftice, or pronounces fentence, in the exercife of his
jurifdicftion, contrary to law7.
17. That the court of feffion may not wafte their Advocation
time in trifles, no caufe for a fum below twelve pounds 1k)W hmit-
fterling can be advocated to the court of feffion fromet*‘
the inferior judge competent : but if an inferior judge
ftiall proceed upon a caufe to which he is incompetent,
the caufe may be carried from him by advocation, let
the fubjeft be ever fo inconfiderable.
by the negligence Law of
Scotland.
Sect. II. Of the Supreme fudges and Courts of
Scotland.
clvii.
1. The king, who is the fountain of jurifdi£lionrKmg,
might by our conftitution have judged in all caufes,
either in his own perfon, or by thofe whom he w7as pleaf- and
ed to veft with jurifdiftion.
2. The parliament of Scotland, as our court of the Parliament,
laft refort, had the right of reviewing the fentences of
all our fupreme courts.
3. By the treaty of Union, 1707, the parliaments of Parliament
Scotland and England are united into one parliamentot prfat
of Great Britain. From this period, the Britiffi houfe ^r*ta*n‘
of peers, as coming in place of the Scots parlia¬
ment, is become our court of the laft refort, to which
appeals lie from all the fupreme courts of Scotland :
but that court has no original jurifdidftion in civil mat¬
ters in which they judge only upon appeal. By art. 22.
of that treaty, the Scots ffiare of the reprefentation in
the houfe of peers is fixed to 16 Scots peers eleflive ;
and in the houfe of commons, to 45 commoners, of
which 30 are eledled by the freeholders of counties,
and 15 by the royal boroughs. The Scots privy coun¬
cil was alfo thereupon abolilhed, and funk into that of
Great Britain, which for the future is declared to have
no other powers than the Engliffi privy council had at
the time of the union.
4. A court was ere£led in 1425, confifting of . eer-Court of
tain perfons to be named by the king, out of the three
eftates of parliament, which was vefied with thejurif-
diiftion formerly lodged in the council, and got the
name of the fefjion, becaufe it was ordained to hold
annually a certain number of feffions at the places to
be fpecially appointed by the king. This court had
a jurifdidfion, cumulative with the judge ordinary, in
fpuilzies, and other poffeflbry adlions, and in debts ;
4 K but
626
Law of
Scotland.
College of
juftice.
Judges, by
whom na¬
med.
L A
but they bad no cognizance in queftions of property of
heritable fubje&s. No appeal lay from its judgements
to the parliament. The judges of this court ferved by
rotation, and were changed from time to time, after
having fat 40 days ; and became fo negligent, in the
adminiftration of juftice, that it was at laft thought
necelfary to transfer the juriididtion of this court to a
council to be named by the king, called the daily
council.
5. The prefent model of the court of feflion, or col¬
lege of juitice, was formed in the reign of James V.
The judges thereof, who were veiled with an univerfal
civil jurifdidtion, confided originally of feven church¬
men, (even laymen, and a prefident, whom it behoved
to be a prelate j but fpiritual judges were in 1584
partly, and in 1640 totally, prohibited. The judges
of feffion have been always received by warrants from
the crown. Anciently his majefty feems to have trani-
ferred to the court itfelf the right of choofing their orvn
prefident \ and in a federunt recorded June 26. 1593,
the king condefcended to prefent to the lords, upon
every vacancy in the bench, a lilt of three perfans, out
of which they were to choofe one. But his majelty foon
refumed the exercife of both rights, which continued
with the crown till the ufurpation ; when it was or¬
dained that the king fiiould name the judges of the
feflion, by the advice of parliament. After the Reite¬
ration, the nomination was again declared to be folely
in the fovereign.
6. Though judges may, in the general cafe, be na¬
med at the age of 21 years, the lords of feffion mull
be at lealt 25. No perfon can be named lord of feflion,
who has not ferved as an advocate or principal clerk of
feflion for five years, or as a -writer to the fignet for
ten : and in the cafe of a writer to the fignet, he mull
undergo the ordinary trials upon the Roman law, and
be found qualified two years before he can be named.
Upon a vacancy in the bench, the king prefents the
fucceffbr by a letter addrefled to the lords, wherein he
requires them to try and admit the perfon prefented.
The pdwers given to them to reject the prefentee upon
trial are taken away, and a bare liberty to remonftrate
fubftituted in its place.
7. Befides the 15 ordinary judges, the king was al¬
lowed to name three or four lords of his great council,
who might fit and vote with them. Thefe extraordi¬
nary lords were fupprefied in the reign of Geo. I.
8. The appellation of the college of jujlice is not con-
of the col- fined to the judges, who are diftinguifhed by the name
lege of ju- 0ffenators • but comprehends advocates, clerks of fef¬
fion, writers to the fignet, and others, as deferibed,
^4flS. 23d Feb. 1687. Where, therefore, the college
of juffice is entitled to any privilege, it extends to all
the members of the college. They are exempted from
watching, warding, and other fervices within borough •,
and from the payment of miniffers Ilipends, and of all
cullohis, &.c. impofed upon goods carried to or from
the city' of Edinburgh. Part of thefe privileges and
immunities w'ere lately called in queftion by the city
of Edinburgh ; but they were found by the court of
feffion (affirmed upon appeal) to be in full force.
9. Though the jurifdiftion of the feffion be properly
limited to civil caufes, the judges have always fuftained
themfelves as competent to the crime of falfehood.
w.
Part III.
Their qua
lifications
and trial.
Privileges
Itice,
Jurifdiction
of the fef¬
fion.
Where the falfehood deferves death or demembration,
they, after finding the crime proved, remit the crimi¬
nal to the court of jufticiary. Special ftatute has given
to the court of feffion jurifdidlion in contraventions of
law-burrows, deforcements, and breach of arreffment j
and they have been in ufe to judge in battery pendente
lite, and in ufury.,
10. in certain civil caufes, the jurifdi<5tion of the fef¬
fion is exclufive of all inferior jurifdidticns 5 as in de¬
clarators of property, and other competitions of heri¬
table rights, proving of the tenor, cejjiones bonorum,
reftitution of minors, redudtions of decrees or of writ¬
ings, fales of the etlates of minors or bankrupts, &c.
In a fecond clafs of caufes, their jurifdidtion can be
only exercifed in the way of review, after the caufe is
brought from the inferior court •, as in maritime and
confiftorial caufes, which muff be purfued in the firft
inftance before the admiral or commiiTary ■, and in ac¬
tions, below twelve pounds fterling, which muff be
commenced before the judge ordinary. In all civil ac¬
tions, which fall under neither of thefe clailes, the ju-
rifdiftion of the feffion is concurrent, even in the fitft
inftance, with that of the judge ordinary. The feffion
may proceed as a court ot equity by the rules of con-
fcience, in abating the rigour of law, and giving aid
in proper cafes to fuch as in a court of law can have
no remedy : and this power is inherent in the fupreme
court of every country, wffiere feparate courts are not
eftablilhed for law and for equity.
This court formerly met upon the x 2th day of
June and rofe upon the 11th day of Auguff for the
fummer feffion ; but now, in confequence of an act
pafied in the feffion of parliament 1790, it meets on the
1 2th of May and rifes on the 1 ith of July for the fum¬
mer feffion ; the winter federunt ftill remaining as for¬
merly, viz. from the 1 2th of November to the 1 ith of
March inclufive.
ix. The fupreme criminal judge was ftyled thejugic;,11-e
Jufticiar •, and he had anciently an univerfal civil ju-court.
rifdiction, even in matters of heritage. He was obli¬
ged to hold two juftice courts or ayres yearly at Edin¬
burgh or Peebles, where all the freeholders of the king¬
dom were obliged to attend. Befides this univerfal
court, fpecial juftice ayres were held in all the different
{hires in the kingdom twice in the year. Thefe laft:
having gone into difufe, eight deputies were appoint¬
ed, two for every qua ter of the kingdom, who fhould
make their circuits over the whole in April and Oc¬
tober.
12. The office of deputies was fuppreffed in 1672 j
and five lords of feflion were added, as commiffioners of
jufticiary, to the juftice general and juftice clerk. The
juftice general, if prefent, is conftant prefident of the
court, and in his abfence the juftice clerk. The king¬
dom is divided into three diftrifls, and two of the judges
are appointed to hold circuits in certain boroughs of
each diftrift twice in the year ; one judge may pro¬
ceed to bufinefs in the abfence of his colleague. In
trials before this court the evidence was always taken
dowm in writing till the a£t 23d Geo. III. was paffed j
by which the judges may try and determine all caufes
by the verdift of an affize upon examining the witnef-
fes viva voce, without reducing the teftimony into writ¬
ing, unlefs it (hall appear more expedient to proceed in
the
Chap. I.
Law of the former way, which they have it in their power to
Scotland. d0( This aft was at firft temporary, but is now made
perpetual by 27th Geo. III. cap. 18.
13. By an old ftatute, the crimes of robbery, rape,
murder and wilful fire-raifmg (the four pleas of the
crown), are faid to be referved to the king’s court of
judiciary •, but the only crime in which, tie praxi, the
jurifdiftion of judiciary became at laft exclulive of all
inferior criminal jurifdiftion, was that of high treafon.
The court of judiciary, when fitting at Edinburgh, has
a power of advocating cauies from all inferior criminal
judges, and of fyfpending their fentences.
14. The circuit court can alfo judge in all criminal
caufes which do not infer death or demembration, up¬
on appeal from any inferior court within their diftrift j
Court of
exchequer.
Admiralty
court.
and has a fupreme civil jurifdiftion, by way ot appeal,
in all caufes not exceeding twelve pounds fterling, in
which their decrees are not fubjeft to review *, but no
appeal is to lie to the circuit, till the caufe be finally
determined in the inferior court.
13, The court of exchequer, as the king’s cham¬
berlain court, judged in all queftions of the revenue.
In purfuance of the treaty of Union, that court was abo-
lifhed, and a new' court erefted, confiding of the lord
high treafurer of Great Britain, and a chief baron,
with four other barons of exchequer •, which barons
are to be made of ferjeants at law', Englifh barriders,
or beats advocates of five years danding, This court
has a privative junfdiftion conferred upon it, as to the
duties of cudoms, excife, or other revenues appertain¬
ing to the king or prince of Scotland, and as to all ho¬
nours and eltates that may accrue to the crown $ in
which matters, they are to judge by the forms of pro¬
ceeding ufed in the Englifh court of exchequer, under
the following limitations; That no debt due to the
crown lhall aft'eft the debtor’s real edate in any other
manner than fuch edate may be affefted by the jaws of
Scotland, and that the validity of the crown’s titles to
any honours or lands {hall continue to be tried by the
court of I’dlion. The barons have the powers of the
Scots court transferred to them, of palling the accounts
of firerift's, or other officers wdro have the execution of
writs ilTuing from, or returnable to, the court of ex¬
chequer, and of receiving refignations, and paffing fig-
natures of charters, gifts of cafualties, See. But though
all thefe mud pafs in exchequer, it is the court of lef-
fion only who can judge of their preference after they
are completed.
16. The jurifdiftion of the admiral in maritime
caufes was of old concurrent with that of the feflion.
The high admiral is declared the king’s judice general
upon the Teas, on freih water within flood, mark, and
in all harbours and creeks. His civil jurifdiftion ex¬
tends to all maritime caufes; and fo comprehends quef-
tions of charter parties, freights, ialvages, bottomries,
&c. He exercifes this fupreme jurifdiftion by a dele¬
gate, the judge of the high court of admiralty ^ and he
may alfo name inferior deputies, whofe jurifdiftion is
limited to particular diftrifts, and whole leniences are
fubjeft to the review of the high court. In caufes. which
are declared to fall under the admiral’s cognizance,
his jurxfdiftion is foie •, infomuch, that the feflion itfe,*,
though it may review his decrees by fufpenfion or re¬
duction, cannot carry a maritime queftion trom him by
advocation. The admiral has acquired, by ufage, a ju-
A W. - 627
rifdiftion in mercantile caufes, even where they are not of
ftriftly maritime, cumulative with that of the judge or-, cor-^ani ,
dinary,
17. All our fupreme courts havefeals or fignets, pro-Signet,
per to their feveral jurifdiftions. The courts of feffion
and judiciary ufed formerly the fame fignet, which wTas
called the king’s, becaufe the writs iffuing from them
run in the king’s name and though the judiciary got
at laft a feparate fignet for itfelf, yet that of the feffion
ftill retains the appellation of the king's Jignet. In this
office are fealed fummonfes for citation, letters of execu¬
torial diligence, or for flaying or prohibiting of dili¬
gence, and generally whatever pafies by the warrant of
the fetfion, and is to be executed by the officers of
the court. All thefe muft, before fealing, be figned
by the w'riters or clerks of the fignet: But letters of
diligence, where they are granted in a depending pro-
cefs, merely for probation, though they pafs by the
fignet, muft be fubferibed by a clerk of feffion. The
clerks of the fignet alfo prepare and fubferibe all figna-
tures of charters, or other royal grants, which pafs in
exchequer.
clviih
Sect. III. Of inferior Judges and Courts of Scotlana.
j. Sheriff (from reeve governor, and fheer to cut or sheriff,
divide) is the judge ordinary conftituted by the crowm
over a particular divifion or county. The fheriff’s
jurifdiftion, both civil and criminal, was, in ancient
times, nearly as ample within his own territory as that
of the fupreme courts of feffion and judiciary was over
the whole kingdom.
2. His civil jurifdiftion now extends to all aftions
upon contrafts, or other perfonal obligations ; forth¬
comings, poindings of the ground, mails and duties
and to all poffeffory aftions, as removings, ejeftions,
<fpuilzies, &c. j to all brieves iffuing from the chancery,
as of inqued, terce, dividon, tutory, &c. 5 and even to
adjudications of land eftates, when proceeding on .the
renunciation of the apparent heir. His prefent crimi¬
nal jurifdiftion extends to certain capital crimes, as
theft, and even murder, though it be one of the pleas
of the crowm; and he is competent to mod queftions of
public police, and has a cumulative jurifdiftion with
judices of the peace in all riots and breaches of the
peace.
3. Sheriffs have a minifterial power, in virtue of which
they return juries, in order to a trial of caufes that
require juries.' The writs for elefting members of par¬
liament have been, fince the union, direfted to the fhe-
riffs, who, after they are executed, return them to the
crown office from whence they iffued. They alfo exe¬
cute writs iffuing from the court of exchequer ; and in
general, take care of all edates, duties, or cafualties that
fall to the crown within their territory, for which they
muft account to the exchequer.
4. A lord of regality was a magiftrate who had a Lord of re
grant of lands from the fovereign, with royal jurifdic-§allty*
tion annexed thereto. Hi? civil jurifdiftion was equal
to that of a fheriff j his criminal extended to the four
pleas of the crown. He had a right to repledge or re¬
claim all criminals, fubjeft to his jurifdiftion, from any
other competent court, though it were the jufticiary
itfelf, to his own. He had alfo right, according to the
moft common opinion, to the fingle efeheat of all de-
4 K 2 nounced
623 L A
Law of nounce(3 perfons refiding within his juvifdi&ion, even
. ^anu' though fuch privilege had not been expreffed in the
grant of regality.
1 ne ftevvart was the magiftrate appointed by the
king over fuch regality lands as happened to fall to the
crown by forfeiture, &c. and therefore the ftewart’s
jurifdiclion was equal to that of a regahtv. Xhe two
ftewartries of Kirkcudbright, and of Orkney and Zet¬
land, make (hires and counties by themfelves, and fend
each a reprefentative to parliament.
Bailie. 6. Where lands not erefted into a regality fell into
the king s hands, he appointed a bailie over them,
whofe jurifdiclion was equal to that of a (heriff.
, 7- % the late jurifdi&ion a£t, 20 Geo, II. all herit¬
able regaiities and bailieries, and all fuch heritable
flieriffships and flewartries as were only parts of a (hire,
are diilblved ; and the powers formerly veiled in them
are made to devolve upon fuch of the king’s courts as
thefe powers would have belonged to if the jurifdi&ions
diffolved had never been granted. All (lieriffships and
ftewartries that were no part of a (hire, where they had
been granted, either heritably or for life, are refumed
and annexed to the crown. No high (heriff or ftewart
can hereafter judge perfonally in any caufe. One (heriff
or ftewart-depute is to be appointed by the king in
every (hire, who muft be an advocate of three years
(landing } and whofe office as (heriff or ftewart-depute
is now by 28 Geo. II. held ad vitam aut culpam.
Prince of 8. The appanage, or patrimony, of the prince of
Scotland. Scotland, has been long erecled into a regality jurifdic-
tipn, called the Principality. It is perlbnal'to the
king’s eldeil fon, upon whofe death or fucceffion it re¬
turns to the crown, i he prince has, or may have, his
own chancery, from which his writs iffue, and may
name his own chamberlain and other officers for re¬
ceiving and managing his revenue. The vaffals of the
prince are entitled to elefl, or to be defied, members
of parliament for counties, equally with thofe who hold
of the crown.
9. Juftices of the peace are magiftrates named by
the fovereign over the feveral counties of the kingdom,
for the fpecial purpofe of preferving the public peace.
Anciently their power reached little farther than to
bind oyer diforderly perforrs for their appearance before
the privy council or judiciary ; afterwards they were
authorifed to judge in breaches of the peace, and in
mod of the laws concerning public policy. They may
compel workmen or labourers to ferve for a reafonable
fee, and they can condemn mafters in the wages due to
their fervants. They have power to judge in quedions
of highways, and to call out the tenants with their
cottars and fervants to perform (ix days work yearly
for upholding them. It has been lately, however,
found by the court of feffion, that juftices have no jurif¬
diclion whatever in common aflions for debt. So that
it now feems fixed, that they are incomnetent in fuch
aflions, except where they are declared competent by
fpecial ftatute.
10. Since the union, our juftices of the peace, over
and above the powers committed to them by the laws
of Scotland, are authorifed to exercife whatever be¬
long to the office of an Englifh juftice, in rela¬
tion to the public peace. From that time, the Scots
and the Englifh commi fions have run in the fame
ftyle, which contains powers to inquire into and judge
w.
Part III.
Law of
Scotland.
in all capital crimes, witchcraft, felonies, and feveral
others fpecially enumerated ; with this limitation fub- , 
joined, of which juftices of the peace may lawfully in-
quire. Two juftices can conllitute a court. Special
ftatute has given the cognizance of feveral matters of
excife to the juftices, in which their fentences are fi¬
nal. As to which, and the powers thereby vetted in
them, the reader muft of ueceffity be referred to the
excife laws it not falling within the plan of this
work, to enter into fo very minute a detail as that
would prove.
11. A borough is a body corporate, made up 0f Boroughs,
the inhabitants of a certain tradl of ground, eretled by
the fovereign, with jurifdidftion annexed to it. Bo¬
roughs are eredted, either to be Holden of the fovereign
himfelf, which is the general cafe of royal boroughs j
or of the fuperior of the lands erefted, as boroughs of
regality and barony. Boroughs royal have power, by
their charters, to choofe annually certain office bearers
or magiftrates 5 and in boroughs of regality and ba¬
rony, the nomination of magiftrates is, by their char¬
ter, lodged fometimes in the inhabitants, fometimes "in
the fuperior. Bailies of boioughs have jurifdidtion in
matters of debt, fervices, and queftions of poffeffion
betwixt the inhabitants. Their criminal jurifdidb’on
extends to petty riots, and recklefs fire-railing. The
dean of guild is that magiftrate of a royal borough
who is head of the merchant company ; he has the coo-,
nizance of mercantile caufes within borough •, and the
infpedtion of buildings, that they encroach neither on
private property, nor on the public ftreets ; and he
may diredl infufficient houfes to be pulled down. His
jurifdidtion has no dependence on the court of the bo¬
rough, or bailie court.
1 2. A baron, in the large fenfe of that word, is one Barons.'
who holds his lands immediately of the crown ; and, as
fuch, had, by our ancient conftitution, right to a feat
in parliament, however fmall his freehold might have
been. The leffer barons were exempted from the bur¬
den of attending the fervice of parliament. This ex¬
emption grew infenfibly into an utter difability in all the
leffer barons from fitting in parliament, without elec¬
tion by the county ; though no ftatute is to be found
exprefsly excluding them.
13. To conftitute a baron in the ftritSl law fenfe, his
lands muft have been erefted, or at lead confirmed, by
the king in liheram baroniam; and fuch baron had a
certain jurifdi(ftion, both civil and criminal, which he
might have exercifed, either in his own perfon, or by
his bailie.
14. By the late jurifdi£tion aft, the civil jurifdic-
tion of a baron is reduced to the power of recovering
from his vaffals and tenants, the rents of his lands, and
of condemning them in mill fervices ; and of judging
in caufes where the debt and damages do not exceed
40s. fterling. His criminal jurifdiftion is, by the
fame ftatute, limited to affaults, batteries, and other
fmaller offences, which may be pUnifhed by a fine not
exceeding 20s. fterling, or by fetting the offender in
the flocks in the day time not above three hours ; the
fine to be levied by poinding, or one month’s imprifon-
inent. The jurifdiftion formerly competent to pro¬
prietors of mines, and coal or (alt w-orks, over their
workmen, is referved ; and alfo that which was com¬
petent to proprietors who had the right of fairs or
markets.
Chap. I.
L A
Law of markets, for correcting the diforders that might hap-
Scotland. pen during their continuance j provided they (hall ex-
* * ercife no jurifdiftion inferring the lofs of life or demem¬
bration.
Conftabu-
laries.
Lyon king
at arms.
Sentence
jtnoney.
15. I he high eonftable of Scotland had no fixed ter¬
ritorial jurifdidlion. but followed the court; and had,
jointly whh the marifchal, the cognizance of all crimes
committed within two leagues of it. All other con-
flabularies were dependent on him : thefe had caftles,
and fometimes boroughs, fubject to their jurifdi&ion,
as Dundee, Montrofe, &c. and among other powers,
now little known, they had the right of exercifing cri¬
minal jurifdiftion within their refpedlive territories dur¬
ing the continuance of fairs. By the late jurifdidlion
aft, all jurifdiclions of conftabulary are diffolved, ex¬
cept that of high conftable.
16. I he office of the Lyon king of arms w?as chief¬
ly miniflerial, to denounce war, proclaim peace, carry
public meflages, &c. But he has alfo a right of ju-
rifdidtion, whereby he can punifh all who ufurp arms
contrary to the law of arms, and deprive or fufpend
meffengers, heralds, or purfuivants, (who are officers
named by him(elf) ; but he has no cognizance of the
damage arifmg to the private party through the mef-
fenger’s fault. Meffengers are fubfervient to the fii-
preme courts of Seffion and Judiciary ; and their proper
bufinefs is to execute all the king’s letters either in ci¬
vil or criminal caufes. They mull find caution for the
proper difcharge of their duty q't/a meffengers ; and in
cafe of any malverfation, or negleft, by which damage
arifes to their employers, their fureties may be recur¬
red upon for indemnification. Thefe fureties, however,
are not anfwerable for the conduft of the meffenger in
any other capacity but qua fuch ; and therefore, if a
meffenger is authorifed to uplift payment from a debtor,
and fails to account to his employer, the cautioner is
not liable ; his obligation extending only to the regu¬
lar and proper duties of the office in executing the dili¬
gence, or the like.
17. Our judges had, for a long time, no other fab¬
rics or appointments than what arofe from the fen-
tences they pronounced. Our criminal judges applied
to their own ufe the fines or iffues of their feveral
courts ; and regalities had a right to the fingle efcheat
of all perfons denounced, who refided within their ju-
rifdffilion ; and our civil judges got a certain propor¬
tion of the fum contained in the decree pronounced.
But thefe were all prohibited upon regular fabrics being
fettled upon them.
Sect. V. Of KcclefaJHcal Perfons.
clix. # '
The pope. I. The pope, or biffiop of Rome, was long acknow¬
ledged, over the weftern part of Chriflendom, for the
head of the Chrillian church. The papal jurifdiddion
was aboliffied in Scotland anno 1560. The king was,
by aft 1669, declared to have fupreme authority over
all perfons, and in all caufes ecclefiaflical ; but this aft
was repealed by 1690, as inconfiflent with Preffiyterian
church government, which was then upon the point of
being eftablilhed.
Clergy. 2. Before the reformation from Poperv, the clergy
was divided into fecular and regular. The fecubr had
a particular traft of ground given them in charge,
w.
within which they exerciled the pafloral office of bi¬
ffiop, preffiyter, or other church officer. The regular
clergy had no cure of fouls; but were tied down to re-
fidence in their abbacies, priories, or other monafle-
ries : and they got the name of regular, from the rules
of mortification to which they were bound, according
to the inftitution of their feveral orders. Upon the va¬
cancy of any benefice, whether fecubr or regular, com-
mendators were frequently appointed to levy the fruits,
as faftors or ftewards during the vacancy. The pope
alone could give the higher benefices in commcndam ;
and at bfl, from the plenitude bf his power, he came
to name commendators for life, and wuthout any obli¬
gation to account. After the Reformation, feveral ab¬
bacies and priories were given by James VI. in perpe-
tuam commendam, to laics.
3. Upon aboliffiing the pope’s authority, the regu¬
lar clergy were totally fuppreffed ; and’ in place of all
the different degrees which diftinguiffied the fecubr
clergy, we had at firrt only parochial preffiyters or mi-
nifters and fuperintendants, who had the overfight of
the church within a certain diftrict ; foon thereafter the
church government became epifcopal by archbifhops,
biffiops, &c. ; and after fome intermediate turns, is now
Preffiytenau by kirk feffions, preffiyteries, fynods, and
general affemblies.
4. Pre late, in our flatutes, fignifies a biffiop, abbot,
or other dignified clergyman, who in virtue of his of¬
fice had a feat in parliament. Every biffiop had his
chapter, which confifted of a certain number of the
minilfers of the diocefe, by whofe affiltance he ma¬
naged the affairs of the church within that diftrift.
The nomination of biffiops to vacant fees has been in
the crown fince 1540, though under the appearance of
continuing the ancient right of eleftion, which was in
the chapter. The confirmation by the crown under the
great feal, of the chapter’s election, conferred a right
to the fpirituality of the benefice ; and a fecond grant
upon the confecration of the biffiop-eleft, gave a title
to the temporality: but this fecond grant fell foon into
diffife.
5. He who founded or endowed a church was en¬
titled to the right of patronage thereof, or advocatio
ecclefcr ; whereby, among other privileges, he might
preient a churchman to the cure, in cafe of a vacancy.
The prefentee, after he was received into the church,
had a right to the benefice propria jure ; and if the
church was parochial, he was called a parfon. The
pope claimed the right of patronage of every kirk to
which no third party could (how a fpecial title; and,
fince the Reformation, the crown, as coming in place
of the pope, is confidered as univerfal patron, where
no right of patronage appears in a fubjeft. Where
two churches are united, which had different patrons,
each patron prefents by turns.
6. Gentlemen of eftates frequently founded colleges
or collegiate churches; the head of which got the name
of provof. under whom were certain prebendaries, or
canons, who had their feveral flails in the church, where
they fung maffes. Others of leffer fortunes founded
chapbinries, which were donations granted for the
finging of maffes for deceafed friends at particular al¬
tars in a church. Though all thefe were fuppreffed
upon the Reformation, their founders continued pa-
trons=
629
Law of
Scotland*
Patronage,
630 L A W. Part III.
Law of trons of the endowments •, out of which they were al-
. Scotland. ^ ]owej i-q provide burfars, to be educated in any of the
univerfities.
7. Where a fund is gifted for the eftablithment of a
fecond minifter in a parith where the cure is thought
too heavy for one, the patronage of fuch beneHce does
not belong to the donor, but to him who was patron
of the church, unlefs either where the donor has re-
ferved to himfelf the right of patronage in the dona¬
tion, or where he and his fucceffors have been in the
conltant ufe of prefenting the feccnd minifler, w ithout
challenge from the patfon. The right of prefenting in¬
cumbents was by 1690, c. 23. taken from patrons, and
veiled in the heritors and elders of the partih, upon
payment to be made by the heritors to the patron of
600 merks j but it wras again relfored to patrons, xo
An. c. 1 2. with the exception of the prefentation fold
in purfuance of the former a61.
Patrons. g_ Patrons were not limply adminillrators of the
church •, for they held the fruits of the vacant benefice
as their own for fome time after the Reformation. But
that right is now no more than a trull in the patron,
who muh apply them to pious uies within the pariih,
at the fight of the heritors, yearly as they fall due. If
he fail, he lofes his right of adminitfering the vacant
ftipend for that and the next vacancy. The king,
who is exempted from this rule, may apply the va¬
cant ftipend of his churches to any pious ufe, though
not within the pariih. If one ftiould be ordained to a
church, in oppolition to the prefentee, the patron,
whofe civil right cannot be aftedled by any fentence of
a church court, may retain the ftipend as vacant. Pa¬
trons are to this day entitled to a feat and burial place
in the churches of which they are patrons, and to the
right of all the teinds of the pariih not heritably dif-
poned.
9. That kirks may not continue too long vacant, the
patron mull prefent to the preibytery (formerly to the
bilhop) a fit perfon for fupplybg the cure, within
fix months from his knowledge of the vacancy, other-
wife the right of prefentation accrues to the prefbytery
jure devo/uto. Upon prefentation by the patron, the
bilhop collated or conferred the benefice upon the pre-
ientee by a writing, in which he appointed certain mi-
nifters of the diocefe to induce or inftitute him into the
church •, which induction completed his right, and was
performed by their placing him in the pulpit, and de¬
livering to him the Bible and keys of the church. The
biftiop collated to the churches of which himfelf was
patron, pleno jure, or without prefentation ; which he
alfo did in menfal churches, whofe patronages were
funk, by the churches being appropriated to him, as
part of his patrimony. Since the Revolution, a judicial
aft of admiffion by the preibytery, proceeding either
upon a prefentation, or upon a call from the heritors
and elders, or upon their ownjV/r devolutum, completes
the minifter’s right to the benefice.
Provifions 10. Soon after the Reformation, the Popifti church-
for the re- men were prevailed upon to reiign in the iovereign’s
formed hands a third of their benefices: which was appropri-
clergy- j,, the gift place, for the fubfiftence of the reform¬
ed clergy. To make this fund efteftual, particular lo¬
calities aftigned in every benefice, to the extent of
a third, ceiled the qffumption of thirds ; and for the far¬
ther fupport of minifters, Queen Mary made a grant
1
in their favour of all the fmall benefices not exceeding Lnwof
300 merks. Biihops, by the aft which reftored them,Scotland,
to the whole of their benefices, were obliged to main-
tain the mmifters within their diocefes, out o: the
thirds ; and in like manner, the laic titulars, who got
grants of the teinds, became bound, by their accepta-
tjon thereof, to provide the kirks within their erec-
tions in competent ftipends.
xi. But all thofe expedients for the maintenance ofCommif-
the clergy having proved xneffeftual, a commiftion o£fion for
parliament was appointed in the reign of James VI
for planting kirks, and modifying ftipends to minifters /a“
out of the teinds •, and afterwards feveral other com- teinds,
millions were appointed, wdth the more ample powers
of dividing large parilhes, ertfting new- ones, &c, all
of which w7ere, in 1707, transferred to the court of
feflion, with this limitation, that no parifh Ihould be
disjoined, nor new church erefted, nor old one x'e-
moved to a new place, without the confent of three-
fourths of the heritors, computing the votes, not bv
their numbers, but by the valuation of their rents
within the parilh. The judges of ieftxon, when fitting
in that court, are confidered as a commiffion of par¬
liament, and have their proper clerks, macers, and other
officers of court, as fuch.
X2. The lowed ftipend that could be modified to astipesufe
minifter by the fivft commiftion, was 500 merks, or
five ehalders of yiftual, unlefs where the whole teinds
of tiie pariih did not extend fo far: and the higheil
was 1000 merks, or ten chalders. The parliament
1633 raifed the minimum to eight chalders of victual,
and proportionably in filver i but as neither the com-
million appointed by that aft, nor any of the fubfe-
quent ones, was limited as to the maximum, the com-
miffioners have been in ufe to augment -ftipends con.
fiderably above the old maximum, where there is fuih-
ciency of free teinds, and the cure is burdenfome, or
living expendve,
13. Where a certain quantity of ftipend is modified
to a minifter out of the teinds of a pariih, without pro¬
portioning that ftipenci among the feveral heritors, the
decree is called a decree of modification s but where
the commiflioners alfo fix the particular proportions
payable by each heritor, it is a decree of modification
and locality. Where a ftipend is only modified, it is
fecured on the whole teinds of the pariih, fo that the
minifter can iniift againft any one heritor to the full
extent of his teinds} fuch heritor being always en¬
titled to relief againft the reft for what he Ihall have
paid above his juft ftxare : but wffiere the ftipend is alfo
localled, each heritor is liable in no more than his own
proportion.
14. Fewf of the reformed minifters were, at fir ft, Manfij.
provided with dwelling houfes; moft of the Popiftx
clergy having, upon the firlt appearance of the Refor¬
mation, let their manfes in feu, or in long tack : mi¬
nifters therefore got a right, in 1563, to as much of
thefe manfes as would ferve them, notwithftanding
fuch feus or tacks. Where there was no parfon’s wor
vicar’s xnanle, one was to be built by the heritors, at
the fight of the bilhop, (now' the prefbytery), the
charge not exceeding 1000I. Scots, nor below 500
merks. Under a manfe are comprehended liable, barn,
and byre, with a garden j for all which it is ufual to
allow half an acre of ground.
15. Every
Chap. I.
A W.
631
Law of 15. Every incumbent is entitled at his entry to have
Scotland. ;hJs manfe put in good condition ; for which purpofe,
V””r~v the prelbytery may appoint a vifitation by tradefmen,
and order ellimates to be laid before them of the hums
neceffary for the repairing, which they may proportion
among the heritors according to their valuations. The
prelhytery, after the manfe is made fufhcient, ought,
upon application of the heritors, to declare it a free
manfe •, which lays the incumbent under an obligation
to uphold it in good condition during his incumbency,
otherwife he or his executors fhall be liable in damages 5
but they are not bound to make up the lofs ariling
from the neceffary decay of the building by the wafte
of time.
Glebe, and 16. All minifters, where there is any landward or
country parifh, are, over and above their {Upend, en¬
titled to a glebe, which comprehends four acres of
arable land, or fixteen fowms of palfure ground where
there is no arable land (a fowm is what will graze ten
fheep or one cow) •, and it is to be defigned or marked
by the bilhop or prefbytery out of fuch kirklands with¬
in the parifh as lie neareft to the kirk, and, in default
of kirklands, out of temporal lands.
1 7. A right of relief is competent to the heritors,
whole lands are fet off for the manfe or glebe, againft
the other heritors of the parilh. Manfes and glebes
being once regularly defigned, cannot be feued or fold
by the incumbent in prejudice of his fucceffors, which
is in praflice extended even to the cafe where fuch alie¬
nation evidently appears profitable to the benefice.
Grafs. 18. Minifters, befide their glebe, are entitled to
grafs for a horfe and two cows. And if the lands,
out of which the grafs may be defigned, either lie at
a diftance, or are not fit for pafture, the heritors are
to pay to the minifter 20I. Scots yearly as an equiva¬
lent. Minifters have alfo freedom of foggage, paftur-
age, fuel, feal, divot, loaning, and free ilh and entry,
according to ufe and wont : but what thefe privileges
are, muft be determined by the local cuftotn of the fe-
veral parirhes.
Terms of 19. The legal terms at which ftipends become due
payment of to minifters are Whitfundav and Michaelmas. If the
Law of
Scotland.
ftipends.
Annat or
&nn.
incumbent be admitted to his church before Whitlim-
day (till which term the corns are not prefumed to be
fully fown), he has right to that whole year’s ftipend ;
and, if he is received after Whitfunday, and before
Michaelmas, he is entitled to the half of that year ;
becaufe, though the corns were fown before his en¬
try, he was admitted before the term at which they
are prefumed to be reaped. By the fame reafon, if
he dies or is tranfported before Whitfunday, he has
right to no part of that year; if before Michaelmas,
to the half; and if not till after Michaelmas, to the
whole.
20. After the minift^r’s death, he executors have
right to the annat 5 which, in the fenfe of the canon
law, was a right referved to the pope of the firft
year’s fruits of every benefice. Upon a threatened in-
\ afion from England anno I 547, the annat was given
by our parliament, notwithftanding this right in the
pope, to the executors of fuch churchmen as ftiould
fall in battle in defence of their country : but the word
nnnat or <7«», as it is now underilood, is the right
which law gives to the executors of minifters, of half
a year’s benefice over and above what was due to the
minifter himfelf for his incumbency. ,
21. The executors of a minifter need make up no
title to the ann by confirmation : neither is the light
aftignable by the minifter, or affeflable with his debts j
for it never belonged to him, but is a mere gratuity
given by law to thofe -whom it is prefumed the de-
ceafed could not fufficiently provide j and law has
given it exprefsly to executoi's : and if it were to be go¬
verned by the rules of fucceflion in executory, the wi¬
dow, in cafe of no children, would get one half, the
other would go to the next of kin ; and where there
are children, fhe would be entitled to a third, and the
other two thirds would fall equally among the children.
But the court of fefiion, probably led by the general
praftice, have in this laft cafe divided the ann into two
equal parts; of which one goes to the widow, and the
other among the children in capita.
22. From the great confidence that was, in the firft
ages of Chriftianity, repofed in churchmen, dying per-0* 1 10^ ‘
fons frequently committed to them the care of their
eftates, and of their orphan children ; but thefe tvere
fimply rights of truft, not of jurifdidlion. The clergy
foon had the addrefs to eftabliih to themfelves a proper
jurifdidlion, not confined to points of ecclefiaftical
right, but extending to queftions that had no concern
with the church. They judged not only in teinds,
patronages, teftaments, breach of vow, fcandal, &c.
but in queftions of marriage and divorce, becaufe
marriage was a facrament j in tocheis, becaufe thefe
were given in confideration of marriage •, in all que¬
ftions where an oath intervened, on pretence that
oaths were a part of religious worftiip, &c. As
churchmen came, by the means of this extenfive jurif-
didlion, to be diverted from their proper fundtions,
they committed the exercife of it to their officials or
commiffaries : hence the commiffary court was called
the bi(hop's courts and curia ChriJUavitatis ; it was alfo
ftyled the cotijijlorial court; from conjijiory, a name firft;
given to the court of appeals of the Roman emperors,
and afterwards to the courts of judicature held by
churchmen.
23. At the Reformation, all epifcopal jurifdidlion, Commif-
exercifed under the authority of the bifhop ofRome, fary-
was abolithed. As the courfe ofjuftice in confiftorial
caufes was thereby flopped, £). Mary, befides naming
a commiffary for every diocefe, did, by a fpecial grant,
eftablifir a new commiffary court at Edinburgh, con¬
fiding of four judges or commiffaries. This court is
vefted with a double jurifdidlion ; one diocefan, which
is exercifed in the fpecial territory contained in the
grant, viz. the counties of Edinburgh, Haddington,
Linlithgow, Peebles, and a great part of Stirlingfhire ^
and another univerfal, by which the judges confirm the
teftaments of all who die in foreign parts, and may re¬
duce the decrees of all inferior commiffaries, provided
the redudlion be purfued within a year after the de¬
cree. Bifhops, upon their re-eftablithment in the reign
of James VI. were reftored to the right of naming
their feveral commifiaries.
24. As the clergy, in time of Popery, affumed a
jurifdidlion independant of the civil power or any fe-
cular court, their fentences could be reviewed only by
the pope, or judges delegated by him; fo that, with
regard
L A
regard to tlie courts of Scotland, tlreir jurifdlction was
fupreme. But, by an aft 1560, the appeals from the
bilhops courts, that were then depending before the
Roman confiftories, were ordained to be decided by
the court of feffion : and by a pofterior aft, 1609, the
fed]on is declared the king’s great conliitory, with
power to review all fentences pronounced by the com-
mifi'aries. Neverthelefs, lince that court had no inhe¬
rent jurifdiftion in confiftorial caufes prior to this fta-
tute, and fince the Itatute gives them a power of
judging only by way of advocation, they have not, to
this day, any proper conliitorial jurifdiftion in the firft
mftance ; neither do they pronounce fentence in any
confiltorial caufe brought from the commiffaries but
remit it back to them with inftruftions. By the prac¬
tice immediately fubfequent to the aft before quoted,
they did not admit advocations from the inferior com-
miflaries, till the caufe was firft brought before the
commiflaries of Edinburgh j but that praftice is now
in difufe.
25. The commiffaries retain to this day an exclufive
power of judging in declarators of marriage, and of
the nullity of marriage *, in aftions of divorce and of
non-adherence, of adultery, baftardy, and confirmation
of teftaments j becaufe all thefe matters are ftill confi-
dered to be properly confiftorial. Inferior commiffaries
are not competent to queftions of divorce, under which
are comprehended queftions of baftardy and adherence,
when they have a connexion with the lawfulnefs of mar¬
riage, or with adultery.
26. Commiffaries have now no power to pronounce
decrees in abfence for any fum above 40I. Scots, except
in caufes properly confiftorial : but they may authenti¬
cate tutorial and curatorial inventories j and all bonds,
contraffs, &c. which contain a claufe for regiftration in
the books of any judge competent, and protefts on bills,
may be regiftered in their books.
Sect. VI. Of Marriage.
elx. # #
Marriage. I* Perfons, when confidered in a private capacity, are
chiefly diftinguilhed by their mutual relations j as huf-
band and wife, tutor and minor, father and child,
maiter and fervant. The relation of huiband and
wife is conftituted by marriage j which is the con-
jun&ion of man and wife, vowing to live infeparably
till death.
2. Marriage is truly a contraff, and fo requires the
confent of parties. Idiots, therefore, and furious per¬
fons, cannot marry. As no perfon is prefumed capable
of confent within the years of pupillarity, which, by
our law, lafts till the age of 14 in males, and 12 in
females, marriage cannot be contrafted by pupils ; but
if the married pair (hall cohabit after puberty, fuch
. acquiefcence gives force to the marriage. Marriage is
fully perfefted by confent j wdiich, without confum-
ma,'ion, founds all the conjugal rights and duties. The
confent requifite to marriage mull be de prcefenti. A
promife of marriage (^fipulatio fponfahtia') may be re-
filed from, as long as matters are entire 5 but if any
thing be done by one of the parties, whereby a pre¬
judice arifes from the non-performance, the party re¬
filing is liable in damages to the other. The cano-
nifts, and after them our courts of juftice, explain a
w. Fart III,
copula fubfequent to a promife of marriage into aflual Law of
marriage. Scotland.
3. It is not neceffary that marriage Ihould be cele- p'0rmv0"'
brated by a clergyman. The conlent of-parties may c^5r^;oni
be declared before any magiftrate, or fimply before
witneffes : and though no formal confent ftiould ap¬
pear, marriage is prefumed from the cohabitation, or
living together at bed and board, of a man and wo¬
man who are generally reputed hufband and wife. One’s
acknowledgment of his marriage to the midwife whom
he called to his wife, and to the minifter wmo baptized
his child, was found fufficient prefumptive evidence of
marriage, without the aid either of cohabitation or of
habit and repute. The father’s confent was, by the Ro¬
man lawr, effential to the marriage of children in fami-
lia : but, by our law, children may enter into marriage,
without the knowledge, and even againft the remon-
ftrances, of a father.
4. Marriage is forbidden within certain degrees ofForbiddea
blood. By the law of Mofes (Leviticus xviii.), whichdeSrees-
by the a£l 1567* c. 15* ^as been adopted by us, feconds
in blood, and all remoter degrees, may all lawfully
marry. By feconds in blood are meant firft coufms.
Marriage in the diredi line is forbidden in infnitum; as
it is alfo in the collateral line, in the fpecial cafe where
one of the parties is loco parentis to the other, as
grand uncle, great grand uncle, &c. with refpedl to
his grand niece, &c. The fame degrees that are prohi¬
bited in confanguinity, are prohibited in affinity •, w hich
is the tie arifing from marriage betw ixt one of the mar¬
ried pair and the blood relations of the other. Marri- Other
age alfo, where either of the parties is naturally unfit Sroiln<^s
for generation, or ftands already married to a third per-nuUlty‘
fon, is ipfo jure null.
5. To prevent bigamy and inceftuous marriages, Proclama-
the church has introduced proclamations of banns; bon of
which is the ceremony of publilhing the names and'3^1®'
defignations of thofe wdio intend to intermarry in the
churches where the bride and bridegroom refide, after
the congregation is affembled for divine fervice ; that
all perfops w ho know'any objeSion to the marriage may
offer it. When the order of the church is obferved, the
marriage is called regular; when otherwife, clandefine.
Marriage is valid when entered into in either of thefe
ways; but when clandeftine, there are certain penalties
impofed upon the parties as well as the celebrator and
witneffes.
6. By marriage, a fociety is created between the mar- Commu-
ried pair, which draws after it a mutual communication nion of
of their civil interefts, in as far as is neceffary for main-S00^’
taining it. As the fociety lafts only for the joint lives
of the focii; therefore rights that have the nature of a
perpetuity, which our law ftyles heritable, are not
brought under the partnerftiip or communion of goods;
as a land eftate, or bonds bearing a yearly intereft : it is
only moveable fubjedls, or the fruits produced by heri¬
table fubjefts during the marriage, that become com¬
mon to man and wife.
7. The hufband, as the head of the wife, has the Jui ”u>rUi.
foie right of managing the goods in communion, which
is called mariti. This right is fo abfolute, that it
bears but little refemblance to a right of adminiftering
a common fubjeft For the hufband can, in virtue
thereof, fell, or even gift, at his pleafure, the whole
goods
I
Chap. I. L
Law of goods falling tinder communion j and his creditors
_ Scotland, jv^y affe(!d them for the payment of his proper debts:
fo that the jus mariti carries all the characters of an
affignation, by the wife to her hufband, of her move-
able eflate. It arife^ ipfo jure from the marriage 5 and
th«refore needs no other conflitution. But a ftranger
may convey an eilate to a wife, fo as it lhall not be
fubjeCl to the hufband’s adminiftration ; or the huf¬
band himfelf may, in the marriage contraCl, renounce
his jus mariti in all or any part of his wife’s moveable
edate.
Parapher- 8. From this right are excepted paraphernal goods,
naha. which, as the word is underitood in our law, compre¬
hends the wife’s wearing apparel, and the ornaments
proper to her perfon ; as necklaces, ear-rings, bread
or arm jewels, buckles, &c. Thefe are neither alien¬
able by the hufband, nor affeClable by his creditors.
Things of promifcuous ufe to hufband and wife, as
plate, medals, &c. may become paraphernalia, by the
hufband’s giving them to the wife, at or before mar¬
riage ; but they are paraphernal only in regard to
that hufband wdio gave them as fuch, and are edeem-
ed common moveables, if the wdfe, whofe parapherna¬
lia they were, be aftenvards married to a fecond huf¬
band ; unlefs he dial! in the fame manner appropriate
them to her.
Burdens af- 9. The right of the hufband to the wdfe’s moveable
fedling the eRate, is burdened with the moveable debts contracted
jui mauti. ^ her before marriage j and as his right is univerfal,
fo alfo is his burden ; for it reaches to her wdiole
moveable debts, though they fhould far exceed her
moveable edate. Yet the hudiand is not confidered as
the true debtor in his wife’s debts. In all aftions for
payment, die is the proper defender : the hulband is
only cited for his interefl : that is, as curator to her,
and ad ninidrator of the fociety goods. As foon there¬
fore as the marriage is diffolved, and the fociety goods
thereby differ a divifion, the hufband is no farther con¬
cerned in the Glare belonging to his deceafed wife : and
confequently is no longer liable to pay her debts, which
muil be recovered from her reprefentatives or her fepa-
rate edate.
tended*" IO' ^'^'s obligation upon the hufband is, however,
gainft the perpetuated againfl him, (1.) Where his proper edate,
hulband. real or perfcnal, has been adefted, during the marriage,
by complete legal diligence ; in which cafe, the huf¬
band mud, by the common rules of law, relieve his
property from the burden with which it dands charged •,
but the utmod diligence againd his perfon is not fuf-
Gcient to perpetuate the obligation ; nor even incom¬
plete diligence againd his edate. (2.) The hufband
continues liable, even after the wife’s death, in fo far
as he is lucratus or profited by her edate : Still, how¬
ever, the law7 does not confider a hufband who has got
but a moderate tocher with the wife as lucratus- by
the marriage j it is the excefs only which it confiders
as lucrum, and that mud be eflimated by the quality
of the parties and their condition of life :—As he
was as no time the proper debtor in his wife’s moveable
debts ; therefore, though he fhould be lucratus, he is,
after the diffolution, only liable for them fubjidiarie,
i. e. if her own feparate edate is not futficient to pay
them off.
11. Where the wife is debtor in that fort of debt,
which, if it had been due to her, vvpuld have excluded
VOL. XI. Part II.
A, W  6.33
thejzAr mariti, e. g. in bonds bearing intered, which, as Law of
vve fhall a'terwards fee (clxiii. 4’)j continues heritable Scotland.^
as to the rights ol hufband and wdfe, notwithdanding ^
of the enactment of the datute 1661, which renders
them moveable in certain other refpedls, the hufband
is liable only for the bygone intereds, and thofe that
may grow upon the debt during the marriage *, becaufe
his obligation for her debts mud be commenfurated to
the intered he has in her edate. It is the hufband
alone who is liable in perfonal diligence for his wife’s
debts, while the marriage fubfids : the wife, who is the
proper debtor, is free from all perfonal execution upon
them while fhe is vejlila viro.
12. 1 he hufband by marriage becomes the perpe-The huf-
tual curator of the wife. From this right it arifes,band,is the
1. That no fuit can proceed againd the wdfe till the^?/" S CUra-
hufband be cited for his intered. 2. All deeds, dons Jr"
by a wdfe without the hufband’s confent, are null ; nei¬
ther can die fue in any action without the hufband’s
concurrence. Yet, where the hufband refufes, or by
reafon offorfeiture, &c. cannot concur ^ or w'hete the ac¬
tion is to be brought againd the hufband himfelf, for
performing his part of the marriage articles ; the judge
tvill authorize her to fue in her own name. The effefts
arifing from this curatorial power difcover themfelves
even before marriage, upon the publication of banns ;
after which the bride, being no longerfuijuris, can con-
tradl no debt, nor do any deed, either to the prejudice
of her future hufband, nor even to her own. But in
order to this, it is neceffary that the banns fhall have
been publifhed in the bride’s paridi church as well as in
that of her hufband.
13. If the hufband diould either withdraw from his Separate
wufe, or turn her out of doors j or if, continuing in alimony,
family with her, he fhould by fevere treatment, endan¬
ger her life 5 the commiffaries will authorize a feparc-
tion a menfa et thoro, and give a feparate alimony to
the wife, fuitable to her hulband’s edate, from the
time of fuch reparation until either a reconciliation or a
fentence of divorce.
14. Certain obligations of the wife are valid, not-What obli-
withdanding her being y?/^ cura mariti; ex.gr. obli- g^tions of
gations arifing- from delidt; for w ives have no privilege F?’,6 Wlfe va“
to commit crimes. But if the punifhment refolves in- '
to a pecuniary mulft, the execution of.it mud, from her
incapacity to fulfil, be fufpended till the diffolution of
the marriage, unlefs the wife has a feparate edate ex¬
empted from theyV/r mariti.
I5- Obligations arifing from contradl, affe£t either
the per firm or the eftate. The law has been fo careful
to protect wives w’hile fub cura mariti, that ail per¬
fonal obligations granted by a wdfe, though with the
hufband’s confent, as bonds, bills, &c. are null; with
the following exceptions: (1.) Where the wife gets
a feparate peculium or dock, either from her father or
a dranger, for her own or her children’s alimony, die
may grant perfonal obligations in relation to fuch dock:
and by dronger reafon, perfonal obligations granted
by a wife are good, when her perfon is aiffually with¬
drawn from the hufband’s pow-er by a judicial repara¬
tion. (2.) A wife’s perfonal obligation, granted in
the form of a de£d, inter vivos, is valid, if it is not to
take effefl till her death. (3.) Where the wife is by
the hufband prapoftta negotiis, intruded wdth the ma¬
nagement either of a particular branch of bufinefs or
4 of
634
A
Inhabition
-againft a
wife.
Rights af-
Law of of his whole affairs, all the contracts fhe enters into in
Scotland. exercife of her prcrpajitura are effectual, even though
they be not reduced to writing, but ffiould ariie mere¬
ly cx re, from fiRnilhingt made to her: but luch obli¬
gations have no force againft the wife ; it is the huf-
band only, by whofe commiffion ihe a£fs, who is there¬
by obliged.
16. A wife, while {he remains in family with her
bufband, is coniidered as prcepnfita negotiis domcfticu,
and confequently may provide things proper for the
family ; for the price whereof the bufband is liable,
though they ibould be mifapplied, or though the huf-
band {houid have given her money to provide them elle-
where. A hufband who fufpefts that his wife may
hurt his fortune by high living, may ufe the remedy of
inhibition agair.ft her; by which all perfons are inter-
pelled from contracting with her, or giving her credit.
After the completing of this diligence, whereby the
preepofitura falls, the wife cannot bind the bufband, un-
lefs for fuch reafonable furnifhings as he cannot inllrucf
that he provided her with aliunde. As every man, and
confequently every hufband, has a right to remove his
managers at pleafure, inhibition may pafs at the fuit of
the Litfband againft the wife, though lie fhould not offer
to juifify that meafure by an actual proof of the extra¬
vagance or profufion of her temper.
17. As to rights granted by the wife affecting her
feeling her enate? qie }ias no moveable eftate, except her para¬
phernalia; and thefe fhe may alien or impignorate,
with confent of her hufband. She can, without the
hufband, bequeath by teftament her fhare of the goods
in communion ; but fhe cannot difpofe of them inter
vivos ; for Cue herfelf has no proper right to them while
the marriage fubfifls. A wife can lawfully oblige her¬
felf, in relation to her heritable eftate, with confent of
l>er hufband : for though her perfon is in fome fenfe
funk by the marriage, fhe continues capable of hold¬
ing a real eftate 5 and in fuch obligations her eftate is
conndered, and not her perfon. A hufband, though
lie be curator to his wife, can, by his acceptance or in¬
tervention, authorize rights granted by her in his own
favour : for a huiband’s curatory differs in this refpedt
from the curatory of minors, for it is not merely in¬
tended for the wife’s advantage, but is confidered as a
mutual benefit to both.
Donations jg. donations, whether by the wife to the huf-
andTrrev 01 ^ t^e huiband to the wife, are revocable by
cable. " donor *, but if the donor dies without revocation,
the right becomes abfolute. Where the donation is
not pure, it is not fubjeft to revocation : thus, a grant
made by the hufband, in confequence of the natural
obligation that lies upon him to provide for his wfife, is
not revocable, unlefs in fo far as it exceeds the meafure
of a rational fettlement $ neither are remuneratory grants
revocable, where mutual grants are made in confidera-
tion of each other, except where an onerous caufe is fi-
mulated, or where what is given hine inde bears no pro¬
portion to each other. All voluntary contrafts of fe-
paration, by which the wife is provided in a yearly ali¬
mony, are effeftual as to the time paft, but revocable
either by the hufband or wife.
Ratification Jp- As wives are in the ffrongeft degree fubject to
*>y wives, the influence of their hufbands, third parties, in whofe
favours they had made grants, were frequently vexed
with aftions of reduction, as if the grant had been ex-
W. Part III.
torted from the wife through the force -or fear of the Law of
hufband. To fecure the grantees againfl this danger, Scotland.^
ratifications were introduced, whereby the wife, ap-^ v
pearing before a judge, declares upon oath, her huf¬
band not prefeni, that fhe w'as not induced to grant
the deed ex vi out metu. A wife’s ratification is not
abfolutely neceffary for fecuring the grantee: lawT in¬
deed allows the wife to bring reduction of any deed fhe
has not ratified, upon the head of force or fear; of
which, if file bring fufficient evidence, the deed will be
fet afide \ but if fire fails in the proof, it will remain
effedlual to the receiver.
20. Marriage, like other contracts, might, by theDifiblution
Roman lawq be diffolved by the contrary confent of par- °‘ mam-
ties 5 but by the law’ of Scotland, it cannot be diffolved ‘l^e‘
till death, except by divorce, proceeding either upon
the head of adultery or of wilfal defertion.
21. Marriage is diffolved by death, either within
year and day from its being contra&ed, or after year
and day. If it is diflolved within year and day, all
rights granted in confideration of the marriage (unlefs
guarded againfl; in the contract) become void, and
things return to the fame condition in w’hich they flood
before the marriage 5 wfith this reftriftion, that the
hufband is confidered as a bona fde poffelfor, in rela¬
tion to what he has confumed upon the faith of his
right \ but he is liable to repay the tocher, without
any deduftion, in confideration of his family expence
during the marriage. If things cannot be reftored on
both fides, equity hinders the reftoring of one party
and not the other. In a cafe w’hich was lately before
the court of feflion, it was determined after a long
hearing in prefence, that w’here a marriage had beeir
diffolved within the year without a living child, by the
death of the hufband, the widow was entitled to be ali¬
mented out of an eftate of W'hich he died poffeffed,
though there were no conventional provifions ftipulated
in favour of the wife.
2 2. Upon the diffolution of a marriage, after year
and day, the furviving hufband becomes the irrevocable
proprietor of the tocher ; and the wife, where fhe fur-
vives, is entitled to her jointure, or to her legal provi-
lions. She has alfo right to mournings, fuitable to
the hufband’s quality j and to alimony from the day
of his death till the term at which her liferent provi-
fion, either legal or conventional, commences. If a
living child be procreated of the marriage, the mar¬
riage has the fame effeff as if it had fubfifted beyond
the year. A day is adjedted to the year, in majorem
evidential?!, that it may clearly appear that the year it-
felf is elapfed j and therefore, the running of any part
of the day, after the year, has the fame effeft as if
the whole were elapfed. The legal right of courtefy
competent to the furviving hufband is explained below,
Np clxx. 28.
23. Divorce is fuch a feparation of married perfons, Divorce,
during their lives, as loofes them from the nuptial tie,
and leaves them at freedom to intermarry with others.
But neither adultery, nor wilful defertion, are grounds
which muft neceffarily diffolve marriage j they are on¬
ly handles, which the injured party may take hold of
to be free. Cohabitation, therefore, by the jnjured
party, after being in the knowledge of the ads of
adultery, implies a paffing from the injury j and no di¬
vorce can proceed, which is carried on by collufion be¬
twixt
Chap. I. ^
Law of twixt the parties, left, contrary to the firft xnftitution
Scotland. 0f marriage, they might difengage themfelves by their
own conrent •, and though, after divorce, the guilty
perfon, as well as the innocent, may contradl fecofid
marriages; yet, in the cafe of divorce upon adultery,
marriage is by fpecial ftatute (1600. c. 20.) prohibited
betwixt the two adulterers.
24. Where either party has deferted from the other
for four years together, that other may fue for adhe¬
rence. If this has no effedft, the church is to proceed,
firft by admonition, then by excommunication ; all
which previous Heps are declared to be a fufficient
ground for purfuing a divorce. /)*? firaxi, the commii-
faries pronounce fentence in the adherence, after one
year’s defertion; but four years muft intervene between
the firft defertion and the decree of divorce.
2;. The legal effects of divorce on the head of de¬
fertion are, that the offending hufband ftiall reftore the
tocher, and forfeit to the wife all her provilions, legal
and conventional ; and, on the other hand, the offend¬
ing wife ihall forfeit to the hulhand her tocher, and all
the rights that would have belonged to her in the cafe
of her furvivance. I. his was alfo efteemed the rule in
divorces upon adultery. But by a decilion of tne court
of feflion 1662, founded on a tract of ancient decificns
recovered from the records, the offending hufband wras
allowed to retain the tocher.
Sect. VII. Of Minors, and their Tutors and Curators.
cxli. I. The itages of life principally diffinguhhed in law
Pupiliarity, are, pupillarity, puberty or minority, and majority. A
4cc* child is under pupillarity, from the birth to 14 years
of age if a male, and till I 2 if a female. Minority be¬
gins where pupillarity ends, and continue* till majori¬
ty ; which, by the law of Scotland, is the age of
21 years complete, both in males and females : but
minority, in a large fenfe, includes all under age, whe¬
ther pupils or puberes. Becaufe pupils cannot in any
degree adt for themfelves, and minors feldom with dif-
cretion, pupils are put by law’ under the power of tu¬
tors, and minors may put themlelves under the direc-
-Tutors. tion of curators. Tutory is a power and faculty to go¬
vern the perfon, and adminifter the effate, of a pupil.
Tutors are either nominate, of law, or dative.
2. A tutor nominate is he who is named by a fa¬
ther, in his teftament or other writing, to a lawful
child. Such tutor is not obliged to give caution for
the faithful difcharge of bis office ; becaufe his fidelity
is prefumed to have been fufficiently known to the fa-
ther. f
3. If there be no nomination by the father, or if
the tutors nominate do not accept, or if the nomina¬
tion falls by death or otherwife, there is a place for a
tutor of law. This fort of tutory devolves upon the
‘Agnates, next agnate; by which we underftand he who is
neareft related by the father, though females inter¬
vene.
4. Where there are tw’O or more agnates equally
near to the pupil, he who is entitled to the pupil’s legal
fucceffion falls to be preferred to the others. But as
the law fufpedls that he may not be over carefifi to pre-
ferve a life which Hands in the way of his own intereft,
this fort of tutor is excluded from the cuffody of the
pupil’s perlbn ; which is commonly committed to the
A W.
mother, while a widow, until the pupil be fevcn. yeau
old ; and, in default off the mother, to the next cog*
nate, i. e. the nigheft relation by the mother. 1 he
tutor of law muft (by aft 1474) at ^ea.^: years °‘
age. He is ferved or declared by a jury of Iworn
men, who are called upon a brief illuing from the chan¬
cery, which is direfted to any judge having jurildiftion.
He muft give fecurity before he enters upon the ma¬
nagement.
3. If no tutor of law demands the office, any per-
i’on, even a ftranger, may apply for a tutory dative.
But becaufe a tutor in law ought to be allowed a com¬
petent time to deliberate whether he will lerve or not,
no tutory dative can be given till the elapffng of a year
from the time at which the tutor ot law had firft a
right to ferve. It is the king alone, as the father of
his country, who gives tutors dative, by his court of
exchequer; and by aft 1672, no gift of tutory can
pafs in exchequer, without the citation or confent of
the next of kin to the pupil, both by the father and
mother, nor till the tutor give fecurity, recorded in
the books of exchequer. There is no room for a tu¬
tor of law, or tutor dative, while a tutor nominate can
be hoped for : and tutors of law or dative, even after
they have begun to acl, may be excluded by the tutor
nominate, as foon as he offers to accept, unlefs he has
exprefsly renounced the office. If a pupft be without
tutors of any kind, the court 01 feffion will, at the fuit Judicial
of any kinfman, name a fadlor (fteward) for the ma- a-ftor-
nagement of the pupil’s eftate.
6. After the years of pupillarity are over, ths mi¬
nor is confidered as capable of afting by himfel!, if ne
has confidence enough of his own capacity and pru¬
dence. The only two cafes in which curators are im-Curators.-
pofed upon minors are, (!•) Where they are named
by the father, in a ftate of health. (2.) Where the
father is himfelf alive ; for a father is ipfo jure, with¬
out any (ervice, adminiflrator, that is, both tutor and
curator of law to his children, in relation to whatever
eftate may fall to them during their minority. 1 his
right in the father does not extend to grandchildren,
nor to fuch even of his immediate children as aie mris-
familiated. Neither has it place in fubjefts which
are left by a ftranger to the minor exclulive of the fa¬
ther’s adminiftration. If the minor choofes to be un¬
der the direction of curators, he muft raife and^execute
a fummons, citing at leaft two of his next oc kin to
appear before his own judge ordinary, upon nine days
warning (by aft l 555-) At the day and place of ap¬
pearance, he offers to the judge a lift of thofe whom
he intends for his curators : fuch of them as refolve
to undertake the office muft fign their acceptance,
and give caution ; upon which an aft of curatory is
extrafted.
7. Thefe curators are ftyled adnegotia ; to diftjnguiffi.
them from another fort called curators ad htes, who
are authorized by the judge to concur with a pupil or
minor in aftions of law, either where he is without tu¬
tors and curators, or where his tutors and curators are
parties to the fuit. This fort is not obliged to give
caution, becaufe they have no intermeddling with the
minor’s effate : they are appointed fir a fpecial pur-
pofe ; and when that is over, their office is at an end. who debar-
Women are capable of being tutors and curators under red from tu-
the following reftriftions : (1.) The office of a female^and cn-
- 4 L 2 tutor ^
636
Law of
Scotland.
Difference
between tu
tory and cu
ratory.
Judicial in.
ventories.
Powers of
tutors and
curators.
L A
tutor or curator tails by lier rriarriage, even though the
nomination ihould provide otherwife ; for (he is no
longer fuijuris, and incapable of courfe of having an¬
other under her power. ( 2.) No woman can be tutor
of law. Papifts are (by a& 1 700) declared incapable
of tutory oi* curatory. Where the minor has more tu¬
tors and curators than one, who are called in the no¬
mination to X.\ie joint management, they muft all concur
nr every a6f Oi adrrnniifration j where a certain num¬
ber is named for a quorum, that number mull concur :
where any one is named Jine quo non, no a£t is valid
vvitnout that one’s Ipecial concurrence. But if they
are named without any of thefe limitations, the concur¬
rence of the majority of the nominees then alive is fuffi-
cient.
_ 8. In this, tutory' difters from curatory, that as pu¬
pils are incapable of confent, they have no perfon ca¬
pable of acting j which defect the tutor fupplies : but
a minor pjtbes pan a£t for himfelf. Hence, the tutor
fublcribes alone all deeds of adminiftration : but in cu¬
ratory, it is the minor who fubfcribes as the proper
party ; the curator does no more than confent. Hence
alfo, the perfons of pupils are under the power either
of their tutors or of their neareil cognates ; but the
minor, after pupillarity, has the difpofal of his own
perfon, and may refide where he pleafes. In moff other
particulars, the nature, the powers, and the duties of
the two offices, coincide. Both tutors and curators
mud, previous to their adminiftration, make a judicial
inventory, fubfcribed by them and the next of kin, be¬
fore the minor judge ordinary, of his wffiole elfate
peifonal and real \ of which, one fubfcribed duplicate
is to be kept by the tutors or curators themfelves ; an¬
other, by the next of kin on the father’s fide ; and a
third by the next of kin or the mother’s. If any
elfate belonging to the minor ffiall afterwards come to
their knowledge, they muff add it to the inventory
within two months after their attaining poffeffion there¬
of. Should they negledf this, the minor’s debtors are
not obliged to make payment to them : they may be
removed from their offices as fufpeited ; and they are
entitled to no allowance for the fums dilhurfed by them
in the minor’s affairs ^aft 1672), except the expence
laid out upon the minor’s entertainment, upon his lands
and houfes, and upon completing his titles.
9. lutors and curators cannot grant leafes of the
minor’s lands, to endure longer than their own office •,
noi under the former rental, wutheut either a warrant
from the court of feffion, or forne apparent neceffity.
10. They have power to fell the minor’s moveables ;
but cannot fell their pupil’s land eftate, without the
authority of a judge: yet this relfraint reaches not to
fuch alienations as the pupil could by law be compelled
to grant, e. g. to renunciations of wadfets upon redemp¬
tion by the reverfer for in fuch cafe, the very tenor of
his own right lays him under the obligation ; nor to the
renewal of charters to heirs j but the charter muff con¬
tain no new right in favour of the heir. The aliena¬
tion, however, of heritage by a minor, with confent of
his curators, is valid.
11. Tutors and curators cannot, contrary to the na¬
ture of their truil, authorize the minor to do any deed
for their own benefit ; nor can they acquire any debt
affecting the minor’s eftate : and, where a tutor or cu¬
rator makes fuch acquifition, in his own name, for a
W- Part IIL
lefs fum than the right is entitled to draw, the benefit Law of
thereof accrues to the minor. It feems, however, that Scotland,
fuch purchafe would be confidered as valid, provided ’ v' "1 '
it were bona fide acquired at a public fale; for in fuch
ca(e it occurs that the tutor or curator is in fa£t melio¬
rating the fitnation of his ward by enhancing the value
of his property by a fair competition. In general, it
feems to be the genius and fpirit of our law, that tutors
and curators ihail do every thing in their powder towards
tne faithful and proper difeharge of their refpeffive of¬
fices.
12. By the Roman law, tutory and curatory, being Their obli-
tnunera pub lie a, might be forced upon every one who gations.
had not a relevant ground of excufe : but, with us, the
perfons named to thefe offices may either accept or de¬
cline . and where a father, in liegepoufiie (when in a
ftate of health), names certain perlons both as tutors
and curators to his children, though they have aefed
as tutors, they may decline the office of curatory. Tu¬
tors and curators having once accepted, are liable in
diligence, that is, are accountable for the confequences
of their neglect in any part of their duty from the time
oi their acceptance. They are accountable fiugu/i in
fiohdum, i. e. every one of them is anfwerable, not only
for his own diligence, but for that of his co-tutors ; and
any one may be fued without citing the reft : but he
who is condemned in the whole, has adion of relief
again!! his co-tutors.
13. From this obligation to diligence, we may ex-
cept, (1.) Fathers or adminiftrators-in-law, who, from
the prefumption that they ad to the beft of their
power for their children, are liable only for adual ii-
tiomiffions. (2.) l utors and curators named by the
father in confequence of the aft 1696, with the fpe-
cial provifos, that they fhall be liable barely for intro-
miflions, not for omiffions 5 and that each of them (hall
be liable only for himfelf, and not in fiohdum for the
co-tutors : but this power of exemption from diligence
is limited to the eifate delcending from the father him¬
felf. I utors or curators are not entitled to any falary
01 allowance for pains, unleis a ialary has been exprefs-
ly contained in the teftator’s nomination j for their of¬
fice is prefumed gratuitous.
14. Though no perfon is obliged to accept the of¬
fice oi tutor or curator j yet having once accepted, he
cannot throw it up or renounce it without fufficient
caule 5 but, if he ihould be guilty of mifapplying the
minor’s money, or fail in any other part of his duty,
he may be removed at the fuit of the minor’s next in
kin, or by a co-tutor or co-curator. Where the mif-H°w Urto-
condud: proceeds merely from indolence or inattention, anc^ cu~
the court, in place of removing the tutor, either join CX
a curator with him, or, if he be a tutor nominate, they
oblige him to give caution for his paft and future ma¬
nagement.
15. 1 he offices of tutory and curatory expire alfo by
the pupil’s attaining the age of puberty, or the minor’s
attaining the age of 21 years complete 5 and by the
death either of the minor, or of his tutor and curator.
Curatory alfo expires by the marriage of a female mi¬
nor, who becomes thereby under the coverture of her
own hufhand. After expiry of the office, reciprocal
adions he at the inftance both of the tutors and cura-
tois, and of the minor. That at the inftance of the
minor is called a£ho tutclce dtrebla, by which he can com¬
pel
Chap. T.
Law of
Scotland.
Effects of
deeds by-
minors.
pel the tutors to account; that at the inftance of the
tutors, aciio tutelce contraria, by which the minor can
be compelled to repeat what has been profitably expend¬
ed during the adminiftration : but this laft does not lie
till after accounting to the minor j for till then the
tutors are prefumed tutus habere to the effects in their
own hands for anfwering their difburfements.
16. Dt?eds either by pupils, or by minors having cu¬
rators without their confent, are null ; but they oblige
the granters in as far as relates to fums profitably ap¬
plied to their ufe. A minor under curators can indeed
make a teflament by himfelf •, but whatever is execu¬
ted in the form of ,a deed inter vivos, requires the cu¬
rator’s confent. Deeds by a minor « ho has no cura¬
tors, are as effectual as if he had had curators, and fign-
ed them with their confent; he may even alien his he¬
ritage, without the interpofition of a judge.
Reftitution. 17. Minors may be rellored againft all deeds grant¬
ed in their minority, that are hurtful to them. Deeds,
in themfelves void, need not the remedy of reftitution 5
but where hurtful deeds are granted by a tutor in his
pupil’s affairs, or by a minor, who has no curators, as
thefe deeds fubfift in law, reftitution is necefl'ary : and
even where a minor, having curators, executes a deed
hurtful to himfelf with their confent, he has not only
aflion againft the curators, but he has the benefit of
reftitution againft the deed itfelf. The minor cannot
be reftored, if he does not raife and execute a fummons
for reducing the deed, ex cafnte minorennitdtis et Lzji-
onis, before he be 25 years old. Thefe four years, be¬
tween the age of 2 1 and 25, called quadrienmum utile,
are indulged to the minor, that he may have a reaion-
able time, from that period, when he is firft prdumed
to have the perfect ufe of his reafon, to confider with
himfelf what deeds done in his minority have been truly
prejudicial to him.
18. Queftipns of reftitution are proper to the court
of feflion. Two things mull be proved by the minor,
in order to the reduction of the deed : (l.) That he
was minor when it was figned : (-2.) That he is hurt
or lefed by the deed. This lefion muft not proceed
merely from accident ; for the privilege of reftitution
was not intended to exempt minors from the common
misfortunes of life ; it muft be owing to the imprudence
or negligence of the minor, or his curator.
19. A minor cannot be reftored againft bis own de¬
lid! or fraud ; e. g. if he fhould induce one to bargain
with him by faying he was major, fi.) Reftitution is
excluded, if the minor, at any time after majority, has
approved of the deed, either by a formal ratification,
or tacitly by payment of intereft, or by other adts in¬
ferring approbation. (2.) A minor, who has taken
himfelf to bufinefs, as a mcrcbant-ftiopkeeper, &c. can¬
not be reftored againft any deed granted by him in the
courfe of that bufinefs, efpecially if he was proximus
majorenniteti at figning the deed. (3.) According to
the more common opinion, a minor cannot be reftored
in a queftion againft a minor, unlefs fome grofs unfair-
nefs ftiall be qualified in the bargain.
20. The privilege of reftitution does not always die
with the minor himfelf. (1.) If a minor fucceeds to
a minor, the time allowed for reftitution is governed
by the minority of the heir, not of the anceftor. (2.) If
a minor fucceeds to a major, who was not full 25, the
privilege continues with the heir during- his minority 5
Law of
Scotland.
Its requi-
fites.
How ex¬
cluded.
How tranf-
mitted to
the heir.
A W. .637
but he cannot avail himfelf of the anni utiles, except
in fo far as they were unexpired at the anceftor’s death.
(3.) If a major fucceeds to a minor, he has only the
quadriennium utile after the minor’s death, and if he
fucceeds to a major dying within the quad'-iennium, no
more of it can be profitable to him than what remain¬
ed when the anceftor died.
21. No minor can be compelled to ftate himfelf as Minor non
a defender, in any a£!ion, whereby his heritable eftate
flowing from afeendants may be evi£led from him, by'
one pretending a preferable right.
22. This privilege is intended merely to fave minors
from the neceffity of difputing upon queftions of prefer¬
ence. It does not therefore take place, (1.) Where
the atftion is purfued on the father’s falfehood or deiicl.
(2.) Upon his obligation to convey heritage. (3.) On
his liquid bond for a fum of money, though luch ac¬
tion Ihould have the effeft to carry off the minor’s
eftate by adjudication. (4.) Nor in aibons purfued by
the minor’s fuperior, upon feudal cafualties. (5.) This
privilege cannot be pleaded in bar of an adlion which
had been firft brought againft the father, and is only
continued againft the minor •, nor where the father was
not in the peaceable poffelhon of the heritable fubject
at his death. Before the minor can plead it, he muft
be ferved heir to his father. The perfons of pupils are
by find ad! 1696 protested from impnionment on civil
debrs.
23 Curators are given, not only to mino’-s, but 'n and ^
general to every one who, either through defedl °f t'uri0Us per-
judgement, or unfitnefs of dilpolition, is incapable off0ns.
rightly managing his own affairs. Of the firft fort, are
idiots and furious perfons. Idiots, or fatui, are en¬
tirely deprived of the faculty of realon. ’The diftemper
of the furious perfon does not confift in the defied! of
reafon •, but in an overheated imagination, which ob-
ftrud!s the application of reafon to the purpofes of life.
Curators may be alfo granted to lunatics 5 and even to
perlons dumb and deal, though they are ot found judge¬
ment, where it appears that they cannot exert it in the
management of bufinefs. Every perfon, who is come
of age, and is capable of adling rationally, has a natu¬
ral right to condud! his own affairs. The only regular
way, therefore, of appointing this fort of curators, is
by a jury lummoned upon a brief from the chancery ;
which is not, like the brief of common tutory, di-
red!ed to any judge ordinary,^but to the judge of the
fpecial territory where the perfon alleged to be, fatuous
or furious reiides ; that, if he is truly of found judge¬
ment, he may have an opportunity to oppofe it: and
for this reafon, he ought to be made a party to the
brief. The curatory of idiots and furious perfons be¬
longs to the neareft agnate ; but a father is preferred
to the curatory of his fatuous fon, and the hufband to
that of his fatuous wife, before the agnate.
24. A claufe is inferred in the brief, for inquiring
how long the fatuous or furious perfon has been in that
condition : and the verdict to be pronounced by the
inqueft has a retrofpedtive effedt: lor it is declared a
fufficient ground, ^without further evidence, for redu¬
cing all deeds granted after the period at which it ap¬
peared by the proof that the fatuity or furiofity began.
But, as fatuous and furious perfons are, by their very
ftate, incapable of being obliged, all deeds done by
them may be declared void, upon proper evidence o£
the
638 LA W. Part III
Law of their fatuity at the time of iigning, though they fhould
Scotland. never have been cognofced idiots by an inqueft.
25. We have fome few inttances of the fovereign’s
giving curators to idiots, where the next agnate did
not claim ; but fuch gifts are truly deviations from our
law, fmce they pafs without any inquiry into the hate
of the perfon upon whom the curatory is impofed.—>
Hence the curator of law to an idiot ferving quandocun-
quc, is preferred, as foon as he offers himfelf, before
the curator-dative. This fort of curatory does not de¬
termine by the lucid intervals of the perfon fub cura ;
but it expires by his death, or perfect return to a
found judgement ; which laid ought regularly to be de¬
clared by the fentence of a judge.
Lon1' 2^‘ ^>er^ons> ^et them be ever fo profufe, or liable to
t?e impofed upon, if they have the exercife of reafon,
can effectually oblige theinfelves, till they are fettered
by law. This may be done by Interdiction, which is
a legal reftraint laid upon fuch perfons from figning
any deed to their own prejudice, without the confent
of their curators or interdidtors.
27. There could be no interdiction by cur ancient
praCtice, wdthout a previous inquiry into the perfon’s
condition. But as there were few who could bear the
fhame that attends judicial interdiction, however, ne-
ceflary the reftraint might have been, voluntary inter¬
diction has received the countenance of law j which is
generally executed in the form of a bond, whereby the
granter obliges himfelf to do no deed that may affeCt
his eitate, without the confent of certain friends there¬
in mentioned. Though the reafons induCtive of the
bond Ihould be but gently touched in the recital, the in¬
terdiction ftands good. Voluntary interdiction, though
it be impofed by the foie aCt of the perfon interdicted,
cannot be recalled at his pleafure : but it may be taken
off, (1.) By a fentence of the court of feffion, declar¬
ing, either that there was from the beginning no fuf-
ficient ground for the reftraint ; or that the party is,
fince the date of the bond, become rei fui providus.
(2.) It falls, even without the authority of the lords,
by the joint aCt of the perfon interdicted, and his in-
terdiClors, concurring to take it oft". (3.) Where the
bond of interdiction requires a certain number as a
quorum, the reftraint ceaftss, if the interdiClors lhall
by death be reduced to a leffer number.
28. Judicial interdiction is impofed by a fentence
of the court of feflion. It commonly proceeds on an
aCtion brought by a near kinfman to the party j and
fometimes from the nobile ojjicium of the court, when
they perceive, during the pendency of a fuit, that any
of the litigants is, from the facility of his temper, fub-
jeCt to impofition. This fort muff be taken off" by the
authority of the fame court that impefed it.
Regiftra- 29. An interdiCHon need not be ferved againft the
,tl0*h°{.‘n" perfon interdiCled ; but it muff be executed, or pub-
ter 1 10ns. by a meffenger, at the market crofs of the ju-
rifdiCHon where he refides, by publicly reading the in¬
terdiction there, after three oyeffes made for convoca-
ting the lieges. A copy of this execution muff be af¬
fixed to the crofs ; and thereafter, the interdiction, with
its execution, muff (by the aCt 1581) by regiftered in
the books both of the jurisdiction wdiere the perfon
interdicted refides and where his lands lie, or (by the
aCt 1600) in the general regifter of the feffion, with n
40 days from the publication. An interdiction, before
3
it is regiffered, has no efteCt againft third parties, Law of
though they Ihould be in the private knowledge of Scotland,
it; but it operates aghr-fi: the interdiCtors themfelves, y——J
as foon as it is delivered to them.
30. An interdiction, duly regiltered, has this effeCt,EfFeCte.
that all deeds done thereafter, by the perfon interdict¬
ed, without the confent of his interdictors, affeCting
his heritable eftate, are fubjeCt to reduction. Regii-
tration in the general regifter fecures all his lands
from alienation, wherever they lie ; but where the in¬
terdiction is recorded in the regiiter of a particular
ftdre, it covers no lands except thofe fituated in that
ftnre. But perfons interdicted have full power to dif-
pofe of their mo'cables, not only by teftament, but by
prelent deeds of alienation : And creditors, in perfonal
bonds granted after interdiction, may ufe all execution
againft their debtor’s perfon and moveable eftate : iuch
bonds being only iubjcCt to reduCtion in fo far as di¬
ligence againft; the heritable eitate may proceed upon
them.
31. All onerous or rational deeds granted by the
perlon interdicted, are as effectual, even without the
confent of the interdiCtors, as if the granter had been
laid under no reftraint ; but he cannot alter the fnccep
fion of his heritable eftate. by any fettlement, let it be
ever fo rational. No deed, granted with confent of
the interdictors, is reducible, though the ftrongeft le-
fion or prejudice to the granter Ihould appear : the on¬
ly remedy competent, in fuch cafe, is an aCtion by the
granter againft his interdictors, for making up to him
what he has loft through their undue confent. It is no office of in.;
part of the duty of interdiCtors to receive fums or ma-terdi&ors.
nage any eftate j they are given merely ad aucioritatem
prajlandam, to interpofe their authority to reafonable
deeds : and fo are accountable for nothing but their
fraud or fault, in confenting to deeds hurtful to the
perfon under their care.
32. The lawr concerning the ftate of children fallsLawful
next to be explained. Children are either born in w,ed-chft(lrea*
lock, or out of it. All children born in lawful mar¬
riage or wedlock, are prefumed to be begotten by the
perfon to whom the mother is married; and confe-
quently to be lawful children. This prefumption is fo
ftrongly founded, that it cannot be defeated but by
direCI evidence that the mother’s hufband could not be
the father of the child, e. g. where he is impotent, or
was abfent from the wife till within fix lunar months
of the birth. The canonifts indeed maintain, that the
concurring teftimony of the hufband and wife, that the
child w’as not procreated by the hufband, is fufficient
to elide this legal prefumption for legitimacy : but it
is an agreed point, that no regard is to be paid to fuch
teftimony, if it be made after they have owned the
child to be theirs. A father has the abfolute right of
difpofing of his children’s perfon, of diredling their edu¬
cation, and of moderate chaftifement j and even after
they become puberes, he may compel them to live in
family with him, and to contribute their labour and
induf-ry, while they continue there, towards bis fervice.
A child who gets a feparate flock from the father for
carrying on any trade or employment, even though he
fhould continue in the father’s houfe, may be faid to
be emancipated or forisfamiliated, in fo far as it concerns
that flock \ ‘or the profits arifing from it are his own.
Forisfamiliation, when taken in this fenfe, is alfo infer¬
red
Chap. IT.
L A
Law of
Scotland.
red by the child’s marriage, or by his living in a fepa-
rate houfe, with his father’s permiffion or good will.
Children, after their full age of twenty-one years, be-
fiaftards.
Servants.
Colliers and
falters.
Reftraints
lately ta¬
ken off.
come, according to the general opinion, their own ma¬
ilers 5 and from that period are bound to the father
only by the natural ties of duty, affeftion, and grati¬
tude. The mutual obligations between parents and
children to maintain each other, are explained after-
wards, N° clxxiii. 4.
33. Children born out of wedlock, are llyled natu¬
ral children, or baftards. Baftards may be legitimat-
ted or made lawful. (1.) By the fubfequent inter¬
marriage of the mother of the child with the father.
And this fort of legitimation entitles the child to all
the rights of lawful children. The fubfequent mar¬
riage, which produces legitimation, is confidered by
the law to have been entered into when the child legi¬
timated was begotten •, and hence, if he be a male, he
excludes, by his right of primogeniture, the fons pro¬
created after the marriage, from the fucceffion of the
father’s heritage, though the fons were lawful chil¬
dren from the birth. Hence, alfo, thofe children only
can be thus legitimated, who are begotten of a woman
whom the father might at that period have lawfully
married. (2.) Bailards are legitimated by letters of
legitimation from the fovereign. N° clxxxii. 3.
34. As to the power of mailers over their fervants :
All fervants now enjoy the fame rights and privileges
with other fubjedls, unlefs in fo far as they are tied
down by their engagements of fervice. Servants are
either neceffary or voluntary. Neceffary are thofe
whom law obliges to work without wages, of whom
immediately. Voluntary fervants engage without com-
pulfion, either for mere fubfillence, or alfo for wages.
Thofe who earn their bread in this way, if they fhould
Band off from engaging, may be compelled to it by
the juftices of the peace, who have power to fix the
rate of their wages.
35. Colliers, coal-bearers, falters, and other per-
fons neceffary to colliers and fait works, as they are
particularly defcribed by a£l 1661, were formerly tied
down to perpetual fervice at the works to which they
had once entered. Upon a fale of the works, the right
of their fervice was transferred to the new proprietor.
All perfons were prohibited to receive them into their
fervice, without a teftimonial from their laft mailer 5 and
if they deferted to another work, and were redemanded
within a year thereafter, he who had received them
was obliged to return them within twenty-four hours,
under a penalty. But though the proprietor Ihould
negleft to require the deferter within the year, he did
not by that fhort prefcription, lofe his property in him.
Colliers, &c. where the colliery to which they were re-
ffrifted was either given up, or not fufficient for their
maintenance, might lawfully engage with others; but
if that work fhould be again fet a going, the proprie¬
tor might reclaim them b^ck to it.
36. But by 15 Geo. III. c. 28. thefe reflraints, the
only remaining velliges of llavery in the law of Scotland,
are abrogated*, and, after the ill July 1775, all col¬
liers, coal-bearers, and falters, are declared to be upon
the fame footing with other fervants or laboureis. The
a£l fuhjedls thofe who are bound prior to the ill July
1775, to a certain number of years fervice for their
freedom, according to the age of the perfon.
W. ' 639
37. The poor make the lowell clafs or order of per- Caw of
fons. Indigent children may be compelled to ferve any Scotland. ^
of the king’s fubjefts without wages, till the age of-j-pg lx,or>
thirty years. Vagrants and llurdy beggars may be alfo
compelled to ferve any manufafturer. And becaufe
few perfons were willing to receive them into their fer¬
vice, public workhoufes are ordained to be built for
fetting them to work. The poor who cannot work,
mull be maintained by the parilhes in which they were
bom ; and where the place of their nativity is not
known, that burden falls upon the parilhes where they
have had their moll common refort, for the three years
immediately preceding their being apprehended or
their applying for the public charity. Where the con¬
tributions colle£led at the churches to which they be¬
long are not fufficient for their maintenance, they are
to receive badges from the miniller and kirk feffion, in
virtue of which they may alk alms at the dwelling- -
houfes of the inhabitants of the pariffi.
Chap. II. Of Things.
The things, or fubje6ls, to which perfons have right,
are the fecond object of law.
Sect. I. Of the Divifon of Rights, and the feveral riY;;.
%uaijs by which a Right may be acquired.
1. The right of enjoying and difpofing of a fubjecl at Property,
one’s pleafure, is called property. Proprietors are re-
llrained by law from ufing their property emuloufiy to
their neighbour’s prejudice. Every Hate or fovereign
has a power over private property, called, by fome law¬
yers, dominium eminens, in virtue of which, the proprie¬
tor may be compelled to fell his property for an ade¬
quate price, where an evident utility on the part of the
public demands it.
2. Certain things are by nature itfelf incapable ofTkings in¬
appropriation j as the air, the light, the ocean, gj_ct . capable of
none of which can be brought under the power of any^^l°^na
one perfon, though their u(V be common to all. Others
are by law exempted from private commerce, in refpedl
of the ufes to which they are dellined. Of this lall
kind are, d) Res publicce^ as navigable rivers, high¬
ways, bridges, Stc. the right of which is veiled in the
king, chiefly for the benefit of his people, and they are
called regalia. ( 2) Res univerfttatis, things which be¬
long in property to a particular corporation or fociety,
and whofe ufe is common to every individual in it, but
both property and ufe are fubjeft to the regulations of
the fociety $ as town houfes, corporation halls, market
places, churchyards, &c. The lands or other reve¬
nue belonging to a corporation do not fall under this
clafs, but are juris privati, quoad the corporation.
3. Property may be acquired, either by occupationVSzysof
or accefjion ; and transferred by tradition or prefcription;ac<iiuring
but prefcription being alfo a way of lofing property",
falls to be explained under a feparate title. Occupa¬
tion, or occupancy, is the appropriating of things
which have no owner, by apprehending them, or feiz-
ing their poffeffion. This was the original method of
acquiring property : and continued, under certain re-
ftridlions, the dodlrine of the Roman law, ^uod nulhus
ef,ft occupantis : but it can have no room in the feudal
plan, ,
I
640 L A
Law of plan, by which the king is looked on as the original
Scotland. pr0prietor of all the lands within his dominions.
1 ”~v 4. Even in that fort of moveable goods which are
prefumed to have once had an owner, this rule obtains
by the law of Scotland, -^lod nulhus domim regis.
Thus, the right of trealure hid under ground is not
acquired by occupation, but accrues to the king.—
Thus alfo, where one finds ftrayed cattle or other
moveables, which have been loft by their former owner,
the finder acquires no right in them, but mult give
public notice thereof} and if, within year and day after
fuch notice, the proprietor does not claim his goods,
they fail to the king, fheriff, or other perfon to whom
the king has made a grant of fuch efcheats.
5. In that fort of moveables wdrich never had an
owner, as wild beafts, fowls, fifties, or pearls found on
the llrore, the original law takes place, that he who
firft apprehends, becomes proprietor j infomuch, that
though the right of hunting, fowling, and filhing, be
reftrained by ftatute, under certain penalties, yet all
game, even what is catched in contravention of the
law, becomes the property of the catcher (unlefs where
the confifcation thereof is made part of the penalty),
the contravener being obnoxious, however, to the pe¬
nal enaftment of the ftatutes in confequence of his
tranfgreffion. It was not for a long time a fixed point
whether a perfon, though poilefied of the valued rent
by law entitling him to kill game, could hunt upon
another perfon’s grounds without confent *, but it was
lately found by the court of feflion, and affirmed upon
appeal, that he could not 5 it being repugnant to the
idea of property, that any perfon, however qualified,
ffiould have it in his power to traverfe and hunt upon
another’s grounds without confent of the proprietor.
Although certain things became the property of the
firft occupant, yet there are others which fall not un¬
der this rule. Thus, whales thrown in or killed on our
coafts, belong neither to thofe wdio kill them, nor to
the proprietor of the grounds on which they are caft ;
but to the king, providing they are fo large as that
they cannot be drawn by a wane with fix oxen.
Acceffion. 6. Accession is that way of acquiring property, by
which, in two things which have a connexion with,
or dependence on, one another, the property of the
principal thing draws after it the property of its accef-
fory. Thus the owner of a cow becomes the owner of
the calf j a houfe belongs to the owner of the ground
on which it (lands, though built with materials belong¬
ing to and at the charge of another •, trees taking root
in our ground, though planted by another became ours.
Thus alfo the infenfible addition made to one’s ground
by what a river waffies from other grounds, (which is
, called alluvia), accrues to the mafter of the ground
which receives the addition ; but where it happened
that a large piece of ground was disjoined and annexed
to another perfon’s by the force of a river or any other
accident, and which was by the Romans called avuljio,
they confidered the owner’s right of property ftill to
fubfift, § 21. Injl. de rer. divif.; and it is probable
that, in a fimilar cafe, our courts would countenance
the diftindlion. The Romans excepted from this rule
the cafe of paintings drawn on another man’s board or
canvas, in confideration of the excellency of the art $
which exception our pra£lice has for a like reafon ex¬
tended to fimilar cafes.
W. Part 1TI.
7. Under acceffion is comprehended Specification j Law or
by which is meant, a perfon’s making a new fpecies or , Scotlantb
fubjeft, from materials belonging to another. VA!ere Specifica-
the new fpecies can be again reduced to the matter oftion.
which it was made, law confiders the former mafs as
ftill exifting j and therefore, the new fpecies, as an ac-
ceflbry to the Joimer fubjefr, belongs to the proprietor
of that fubject : but where the thing made cannot be
fo reduced, as in the cafe of wine, which cannot be
again turned into grapes, there is no place for theyfeZ/o
jw is; and therefore the workmanftiip draws after it
the property of the materials. Eut the perfon who
thus carries the property from the other is bound to
indemnify him according to the true value; and in cale
it was done mala Jide, he may be made liable in the pre~
tiuvi ajfeciionis or utmoft value.
8. Though the new fpecies ffiould be produced from Commix-
the CoMivaiXTloN or confvffion of different fubftancestion.
belonging to different proprietors, the fame rule holds;
but where the mixture is made by the common confent
of the owner, fuch confent makes the whole a com¬
mon propery, according to the (hares that each pro¬
prietor had formerly in the feveral fubjedls. Where
things of the fame fort are mixed without the confent
of the proprietors, which cannot again be feparated ;
e. g. two bogfheads of wine, the whole likewife be¬
comes a common property •, but, in the after divifion,
regard ought to be had to the different quality of the
wines : if the things fo mixed admit of a feparation,
e. g. two flecks of (heep, the property continues di-
ftindf.
9. Property is carried from one to another by TrA-Tradition.
DITION ; which is the delivery of poffeffion by the pro¬
prietor, with an intention to transfer the property to
the receiver. Two things are therefore requifite, in
order to the tranfmitting of property in this way :
1. The intention or confent of the former owner to
transfer it on fome proper title of alienation, as fide,
exchange, gift, &c. (2.) The adual delivery in pur-
fuance of that intention. The firft is called the caufa,
the other the modus transferendi dominii: which laft is
fo neceffary to the acquiring of property, that he who
gets the laft right, with the firft tradition, is prefer¬
red, according to the rule, Traditionibus, non nudis pac-
tis, transferuntur rerum domima.
10. Tradition is either real, where the ipfa corpora
of moveables are put into the hands of the receiver •, or
fymbolical, which is ufed where the thing is incapable
of real delivery, or even when aftual delivery is only
inconvenient. Where the poffeffion or cuftody of the
fubjedft has been before with him to whom the pro¬
perty is to be transferred, there is no room for tradi-
tion.
11. Poffeffion, which is effential both to the acqm-pofl-e{rlon.
fition and enjoyment of property, is defined, the deten¬
tion of a thing, with a defign or animus in the detainer
of holding it as his own. It cannot be acquired by
the foie aft of the mind, without real detention ; but,
being once acquired, it may be continued folo animo.
Poffeffion is either natural, or civil. Natural poffeffion natural,
is, when one poffeffes by himfelf: thus, we poffefs lands
by cultivating them and reaping their fruits, houfes by
inhabiting them, moveables by detaining them in. our
hands. Civil poffeffion is our holding the thing, either
by the foie a£t of the mind, or by the hands ot another
} who
Z
Chap. IT. L A
who holds it in oiar name : thus, the owner of a thing
lent poffcfTes it by the borrower j the proprietor of lands,
by Ins tackfinan, truftee, or Reward, Stc. The fame
fubjtcf cannot be podefied entirely, or in folidum, by
two different perfons at one and the fame time : and
thefefore pofleflion by an aft of the mind ceafes, as
foon as the natural poffeflion is fo taken up by another,
that the former poffedbr is not differed to re-enter. Yet
two perfons may, in the judgement of law, poffefs the
fame fubieft, at the fame time, on different rights :
thus, in the cafe of a pledge, the creditor poffeffes it in
his own name, in virtue of the right of impignoration ;
while the proprietor is conddered as poffeffing, in and
through the creditor, in fo far as is neceffary for fup-
porting his right of property. The fame doftrine holds
in liferenters, tackfmen, and, generally, in every cafe
where there are rights affefting a fubjeft diftinft from
the property.
fimjide. I 2. A bona fide poffeffor is he who, though he is not
really proprietor of the fubjeft, yet believes himfelf pro¬
prietor on probable grounds. A mala fde poffeffor is he
who knows, or is predimed to know, that what he pof-
fefifes is the property of another. A poffeffor bona fide
acquired right, by the Roman law, to the fruits of the
fubjeft poffeffed, that had been reaped and cohfumed
by himfelf, while he believed the fubjefts his own. By
our cuffoms, perception alone, without confumption,
fecures the poffeffor : nay, if he has fown the ground,
while his bona fdes continued, he is entitled to reap the
crop, propter curam et culturam. But this doftrine does
not reach to civil fruits, e. g. the intereft of money,
which the bona fide receiver muff reftore, together with
the principal, to the owner.
13. Bona fdes neceffarily ceafeth by the confeientia
rei alienee in the poffeffor, whether fuch confcioufnefs
fhould proceed from legal interpellation, or private
knowledge. Mala fides is fometimes induced by the
true owner’s bringing his aftion againft the poffeffor,
fometimes not till litifeonteftation, and, in cafes un¬
commonly favourable, not till the fentence be pro¬
nounced againit the poffeffor.
Effects of I4* The property of moveableTubjefts is prefumed
poffeflion. by the bare aft of poffeflion, until the contrary be
proved ; but poffeflion of an immoveable fubjeft, though
for a century of years together, if there is no feifin,
does not create even a piefumptive right to it : Nulla
fefina, nulla terra. Such fubjeft is conddered as ca-
duciary, and fo accrues to the fovereign. Where the
property of a fubjeft is contefted, the lawful poffeffor
is entitled to continue his poffeflion, till the point of
right be difeuffed j and, if he has loft it by force or
Health, the judge will upon fummary application, im¬
mediately reftore it to him.
15. Where a poffeffor has feveral rights in his per-
fori, affefting the fubieft poffeffed, the general rule is,
that he may aferibe his poffeflion to which of them he
pleafes •, but one cannot preferibe his poffeflion to a title
other than that on which it commenced, in prejudice
ef him from whom his title flowed.
Sect. II. Of Hcrucble and Moveable Rights.
rl.TXn. 1 • For the better underftanding the doftrine of this
title, it muft be known, that by the law of Scotland,
and indeed of moft nations of Europe fmee the intro-
Nou XI. Part II.
w.
641
Law of
Scotland.
duftion of feus, wherever there are two or more in
the fame degree of confanguinity to one who dies in-
teftate, and who are not all females, fuch rights belong¬
ing to the decettfed as are either properly feudal, or
have any refemblance to feudal rights, defeend wholly
to one of them, who is confidered as his proper heir ;
the others, who have the name of next of kin or execu¬
tors, muft be contented with that portion of the eftate
which is of a more periihable nature. Hence has arifen
the divilion of rights to be explained under this title :
the fubjefts defeending to the heir are ftyled heritable ;
and thofe that fall to the next of kin moveable.
2. All rights of, or affefting lands, under which are Dlvifion of
comprehended houfes, mills, fiftiings, teinds; and all rights into
rights of fubjefts that are fundo annexa, whether com- heritable
pleted by feilin or not, are heritable ex fua natura. On^”iem°V€
the other hand4 every thing that moves ftfelf or can be
moved, and in general whatever is not united to land,
is moveable ; as houfehold furniture, corns, cattle, caihy
arrears of rent and of intereft, even though they ftiouid
be due on a right of annualrent ; for though the arrears
laft mentioned are fecured on land, yet being prefently
payable, they are confidered as calh.
3. Debts, {aomina debitorum), when due by bill, pro-
miffory note, or account, are moveable. When con-
ftituted by bond, they do not all fall under any one
head ; but are divided into heritable and moveable, by
the following rules. All debts conftituted by bond
bearing an obligation to infeft the creditor in any he¬
ritable fubjeft in fecurity of the principal fum and an¬
nualrent, or annualrent only, are heritable j for they
not only carry a yearly profit, but are fecured upon
land.
4. Bonds merely perfonal, though bearing a claufe
of intereft, are, by adf 1661, declared t® be moveable
as to fucceftion ; i. e. they go, not to the heir, but to
the next of kin Or executors j but they are heritable
with refpeft to the filk, and to the rights of hufband
and wife ; that is, though by the general rule, move-
able rights fall under the communion of goods confe-
x]uent upon marriage, and the moveables of denounced
perfons fall to the crown or filk by Angle efeheat, yet
fuch bonds do neither, but are heritable in both re-
fpefts.
5. Bonds taken payable to heirs and aftignees, fe-
cluding executors, are heritable in all refpefts, from the
deftination of the creditor. But a bond, which is made
payable to heirs, without mention of executors, de-
feends, not to the proper heir in heritage, though heirs
are mentioned in the bond, but to the executor; for
the word heir, which is a generic term, points out him
who is to fucceed by law' in the right ; and the execu¬
tor, being the heir in ntobilibus, is confidered as the per-
fon to whom fuch bond is taken payable. But where
a bond is taken to heirs male, or to a feries of heirs,
one after another, fuch a bond is heritable, becaufe its
deftination neceffarily excludes executors.
6. Subjefts originally moveable become heritable, Bow move^
(1.) By the proprietor’s deftination. Thus, a jewel ablerights
or any other moveable fubjeft, may be provided to the he'
heir, from the right competent to every proprietor to*^ C
fettle his property on whom he pleafes. (2.) Move-
able rights may become heritable, by the fupervening
of an heritable fecurity : Thus, a fum due by a per¬
fonal bond becomes heritable, by the creditor’s accept-
4 ^ ing
Law of
Scotland.
Rights
partly heri¬
table, part¬
ly move-
able.
What pe¬
riod makes
a fubjedt
heritable or
moveable.
642 L l
Ing an heritable right for fecuring it, or by adjudging
upon it. *
7. Heritable rights do not become moveable by ac-
ceflbry moveable fecurities ; the heritable right being
in fuch cafe the jus nobi/ius, which draws the other
after it.
8. Certain fubje&s partake, in different refpefts, of
the nature both of heritable and moveable. Perfonal
bonds are, by the above cited a£t 1661, moveable in
refpeft of fucceffion ; but heritable as to the £lk, and
the rights of hufband and wife. All bonds, whether
merely perfonal, or even heritable, on which no feifin has
followed, may be affecled at the fuit of creditors, either
by abjudication, which is a diligence proper to heri¬
tage, or by arreftment, which is peculiar to moveables.
Bonds fecluding executors, though they defcend to the
creditor’s heir, are payable by the debtor’s executors,
without relief againft the heir j fince the debtor’s fuc¬
ceffion cannot be affe&ed by the deltination of the cre¬
ditor.
9. All queftions, w'hether a right be heritable or
moveable, muff be determined according to the condi¬
tion of the fubjedl at the time of the anceftor’s death.
If it was heritable at that period, it muff belong to the
heir j if moveable, it muff fall to the executor, without
regard to any alterations that may have affe&ed the
fubjedl in the intermediate period between the ancef¬
tor’s death and the competition.
I. HERITABLE RIGHTS.
Sect. III. Of the Conjlitution of Heritable Rights by
Charter and Seijin.
1. Heritable rights are governed by the feudal law,
which owed its origin, or at lead its firft improvements,
to the Longobards ; whofe kings, upon having pene¬
trated into Italy, the better to preferve their conquefts,
made grants to their principal commanders of great
part of the conquered provinces, to be again fubdivided
by them among the lower officers, under the conditions
of fidelity and military fervice.
2. The feudal conrtitutions and ufages were firft re¬
duced into writing about the year if50, by two law¬
yers of Milan, under the title of Confuetudines Feudo-
rum. None of the German emperors appear to have
expre.fsly confirmed this collection by their authority :
but it is generally agreed, that it had their tacit appro¬
bation, and was confidered as the cuflomary feudal law
of all the countries fubjedt to the empire. No other
country has ever acknowledged thefe books for their
law ; but each date has formed to itfelf fuch a fyftem
of feudal rules, as belt agreed with the genius of its
own conflitution. In feudal queftions, therefore, we
are governed, in the firft place, by our own ftatutes
and cuftoms ; where thefe fail us, we have regard to
the practice of neighbouring countries, if the genius of
their law appears to be the fame with ours ; and Ihould
the queftion ftill remain doubtful, we may have re-
courfe to thofe written books of the leus, as to the
original plan on which all feudal fyftems have pro¬
ceeded.
Dr fin’tien 3 This military grant got the name, firft of bene-
of feus* feium, and afterwards of feudum ; and was defined a
w.
Fart III.
Law of
Scotland.
clxiv.
Origin of
the feudal
law.
gratuitous right to the property of lands, made under
the conditions of fealty and military fervice, to be per¬
formed to the granter by the receiver j the radical right v
of the lands ftill remaining in the granter. Under lands,
in this definition, are comprehended all rights or fuk-
jefls fo connefted with land, that they are deemed a
part thereof-, as houfes, mills, filhings, jurifdidlions,
patronages, &c. Though feus in their original nature
were gratuitous, they foon became the fubjedl of com¬
merce ; fervices of a civil or religious kind were fre¬
quently fubftituted in place of military ; and now, of a
long time, fervices of every kind have been entirely dif-
penfed with in certain feudal tenures. He who makes
the grant is called the fuperior^ and he who receives it Superior
the vaffal. The fubjedt of the^rrt^ is commonly call-and vallais,
ed the feu; though that word is at other times, in
our law, ufed to fignify one particular tenure. (See
Sedl. iv. 2.) The intereft retained by the fuperior
m the feu is ftyled dominium diredum, or the fuperiori-
ty ; and the intereft acquired by the vaffal, dominiutn
utile, or the property. The word fee is promifeuoufly
applied to both.
4. Allodial goods are opnofed to feus j by whichMlodial
are underftood goods enjoyed by the owner, indepen-S00^5*
dent of a fuperior. All moveable goods are allodial j
lands only are fo when they are given without the
condition of fealty or homage. By the feudal fyftem,
the fovereign, who is the fountain of feudal rights,
referves to himfelf the fuperiority of all the lands of
which he makes the grant fo that, with us, no lands
are allodial, except thofe of the king’s own property,
the fuperiorities which the king referves m the proper¬
ty-lands ©f his fubjedts, and manfes and glebes, the
right of which is completed by the prelbytery’s defig-
nation, without any feudal grant.
5. Every perfon wrho is in the right of an immove-Who can
able fubjedt, provided he has the free adminiftrationgran^teu-
of his eftate, and is not debarred by ftatute, or by^a^r^‘t5,
the nature of his right, may difpofe of it to another.
Nay, a vaffal, though he has only the dominium utile,
can fubfeu his property to a fubvaffal by a fubaltem
right, and thereby raife a new dominium diretlum in
himfelf, fubordinate to that which is in his fuperior;
and fo in infinitum. The vaffal who thus fubfeus is call¬
ed the fubvaffal’s immediate fuperior, and the vaffal’s
fuperior is the fubvaffal’s mediate fuperior.
6. All perfons who are not difabled by law, may Who can
acquire and enjoy feudal rights. Papifts cannot pui-receive
chafe a land eftate by any voluntary deed. Aliens,tlienj"
who ow-e allegiance to a foreign prince, cannot hold
a feudal right without naturalization : and therefore,
where fuch privilege was intended to be given to fa¬
voured nations or perfons, ftatutes of naturalization
were neceffary, either general or fpecial j or at leaft,
letters of naturalization by the fovereign.
7. Every heritable fubjedf capable of commerce, What fub-
may be granted in feu. From this general rule are ex-J^1 2 3 ^ ^
cepted, 1. The annexed property of the crown, which ^ e'
is not alienable without a previous diffolution in par¬
liament. 2. Tailzied lands, which are devifed under
condition that they {hall not be aliened. 3. An eftate
in haredilate jacente cannot be effectually aliened by
the heir-apparent (i. e. not entered) ; but fuch aliena¬
tion becomes effectual upon his entry, the fupervening
Chap. II.
L
Law of
Scotland.
Feudal
charter.
Its confli-
tuent parts.
Warran¬
dice.
right accruing in that cafe to the purchafer ; which is
a rule applicable to the alienation of all fubjefls not
belonging to the vender at the time of the fale.
8. The feudal right, or, as it is called, invejliture,
is conllituted by charter and feiiin. By the charter,
we underftand that writing which contains the grant
of the feudal fubjefl to the vaffal, whether it be exe¬
cuted in the proper form of a charter, or of a difpofi-
tion. Charters by fubjeft fuperiors are granted, ei¬
ther, A me defuperiore meo, when they are to be
holden, not of the granter himfelf, but of his fuperior.
This fort is called a public holding, becaufe vaffals wrere
in ancient times publicly received in the fuperior’s
court before the pares curia or co-vaffals. Or, 2. De
me, where the lands are to be holden of the granter.
Thefe were called fometimes bafe rights, from has, low¬
er : and fometimes private, becaufe, before the efta«
blilhment of our records, they were eahly concealed
from third parties; the nature of all which will be
more fully explained, Seft. vii. An original charter
is that by which the fee is firft granted : A charter
by progrefs is a renewed difpofition of that fee to the
heir or aflignee of the vaffal. All doubtful claufes in
charters by progrefs ought to be conftrued agreeably
to the original grant; and all claufes in the original
charter are underftood to be implied in the charters
by progrefs, if there be no exprefs alteration.
9. The firll: claufe in an original charter, which
follows immediately after the name and defignation of
the granter, is the narrative or recital, which expreffes
the caufes induftive of the grant. If the grant be
made for a valuable confideration, it is faid to be one¬
rous i if for love and favour, gratuitous. In the dif-
pofitive claufe of a charter, the fubje£ts made over are
defcribed either by fpecial boundaries or march ftones,
(which is called a bounding charter'), or by fuch other
chara£fers as may fufficiently diftinguifh them. A
charter regularly carries right to no fubjedls but what
are contained in this claufe, though they flrould be
mentioned in fome other claufe of the charter. It
has been however found, that a right to falmon fifli-
ing was carried by a claufe cum pifcariis in the tenen-
das of a charter, the fame having been followed with
poffeffion.
10. The claufe of tenendas (from its firll words te-
nendas prcedi&as terras) exprefles the particular tenure
by which the lands are to be holden. The claufe of
reddendo (from the words reddendo inde annuatim) fpe-
cifies the particular duty or fervire which the vaffal is
to pay or perform to the fuperior.
1 x. The claufe of warrandice is that by which the
granter obliges himfelf that the right conveyed (hall
be effectual to the receiver. Warrandice is either per-
fonal or real. Derfonal warrandice, where the granter
is only bound perfonally, is either, 1. Simple, that
he lhall grant no deed in prejudice of the right j and
this fort, which is confined to future deeds, is implied
even in donations. 2. Warrandice from faB and deed,
by which the granter warrants that the right neither
has been, nor lhall be, hurt by any faft of his. Or,
3. Abfolute warrandice contra omnes mortales, whereby
the right is warranted againll all legal defe£ls in it
which may carry it off from the receiver either wholly
or in part. Where a fale of land proceeds upon an
cnerous caufe, the granter is liable in abfolute warran-
A W.
dice, though no warrandice be expreffed ; but in af-
fignations to debts or decrees, no higher warrandice
than from fail and deed is implied.
12. Gratuitous grants by the crown imply no war¬
randice ; and though vvarrandice fliould be expreffed,
the claufe is ineffeilual, from a prefumption that it
has crept in by the negligence of the crown’s officers.
But where the crown makes a grant, not jure coroncs,
but for an adequate price, the fovereign is in the fame
cafe with his fubjeils.
13. Abfolute warrandice, in cafe of eviilion, affordse
an action to the grantee againll the granter, for mak-warr n
ing up to him all that he lhall have fuffered through
the defeil of the right \ and not limply for his indem¬
nification, by the granter’s repayment of the price to
him. But as warrandice is penal, and confequently
JlriBi juris, it is not eafily prefumed, nor is it incur-
red from every light fervitude that may affeft the fub-
je£t ; far lefs does it extend to burdens which may af~
fe£t the fubje£l polterior to the grant, nor to thofe
impofed by public ftatute, whether before or after,
unlefs fpecially warranted againft.
14. Real warrandice is either, 1. Exprefs, whereby, war"
in fecurity of the lands principally conveyed, other
lands, called warrandice lands, are alfo made over, to
which the receiver may have recourfe in cafe the prin¬
cipal lands be evicted. Or, 2. Tacit, which is con-
llituted by the exchange or excambion of one piece of^v^”1"
ground with another j for, if the lands exchanged are
carried off from either of the parties, the law itfelf,
without any padffion, gives that party immediate re¬
courfe upon his own firft lands, given in exchange for
the lands evifled. ^
15. The charter concludes with a precept of feifn, 0J
which is the command of the fuperior granter of the
right to his bailie, for giving feifin or poffefiion to the
vaffal, or his attorney, by delivering to him the pro¬
per fymbols. Any perfon, whofe name may be in¬
ferred in the blank left in the precept for that pur-
pofe, can execute the precept as bailie j and whoever
has the precept of feifin in his hands, is prefumed to
have a power of attorney from the vaffal for receiving
poffefiion in his name.
16. A feifin is the inftrument or atteftation of a no-^^™ment
tary, that poffeflion was actually given by the fuperior
or his bailie, to the vaffal or his attorney j which is
confidered as fa neceffary a folemnity, as not to be fup-
pliable, either by a proof of natural poffeffion, or even of
the fpecial fa£t that the vaffal was duly entered to the
poffeffion by the fuperior’s bailie.
17. The fymbols by which the delivery of poffef-Symbols
fion is expreffed, are, for lands, earth, and ftone j for in fci"
rights of annualrent payable forth of land, it is alfo
earth and ftone with the addition of a penny money :
for parfonage, teinds, a ftieaf of corn j for jurifdidtions,
the book of the court j for patronages, a pfalm book,
and the keys of the church j for fiftiings, net and
coble j for mills, clap and happer, &c. The feifin
muft be taken upon the ground of the lands, except
where there is a fpecial difpenfation in the charter
from the crown.
18. All feifins muft be regiftered within 60 days
after their date, either in the general regifter of feifins *.10n 011e*“
at Edinburgh, or in the regifter of the particular (hire
appointed by the adt 1617 } which, it muff: be obferV-
4 M 2 ed»
P44 L A
Ljuv °f ed, is not, in every cafe, the {hire within which the
t UJt an ‘ ■ lie. Burgage feifins are ordained to be regifter-
ed in the Ipooks of the borough.
19. Unregiftered feifins are ineffedtual againft third
parties, but they are valid againft the granters and
their heirs. Seifins regularly recorded, are preferable
not according to their own dates, but the dates of
their regidration.
One feifin # 20. Seifin neceflarily fappofes a fuperior by whom
ferves in it is given ; the right therefore which the fovereign,
wh° ^knowledges ^the fuperior, has over the whole
ted tene- ^ands of Scotland, is conftituted jure coroner without
ments. feifin. In feveral parcels of land that lie contiguous
to one another, one feifin ferves for all, unlefs the right
of the feveral parcels be either holden of different fu-
periors, or derived from different authors, or enjoyed
by different tenures under the fame fuperior. In dif-
contiguous lands, a feparate feifin mull be taken on
every parcel, unlefs the fovereign has united them in¬
to one tenandry by a charter of union ; in which cafe,
it there is no fpecial place expreffed, a feifin taken on
any part of the united lands wall ferve for the whole,
even though they be fituated in different {hires. The
only effedl of union is, to give the difeontiguous lands
tne fame quality as if they had been contiguous or na¬
turally united 5 union, therefore, does not take off the
necefiity of feparate feifins, in lands holden by differ¬
ent tenures, or the rights of which flow from different
fuperiors, thefe being incapable of natural union.
Barony im- 21. The privilege of barony carries a higher right
plies union. uriion does, and confequently includes union in it
as the leffer degree. This right of barony can neither
be given, nor tranfmitted, unlefs by the crown $ but
the quality of fimple union, being once conferred on
lands by the fovereign, may be communicated by the
vaffal to a fubvaffal. Though part of the lands united
or erefled into a barony be fold by the vaffal to be
holden a me, the whole union is not thereby diffolved :
what remains unfold retains the quality.
A charter 22. A charter, not perfected by feifin, is a right
becomes merely perfonal, which does not transfer the property
after°feifin ^/ee ^ c^xx"k I*) 5 anc^ a feifin of itfelf bears no
faith without its warrant: It is the charter and feifin
joined together that conilitutes the feudal right, and
fecures the receiver againft the effedft of all pofterior
feifins, even though the charters on which they pro¬
ceed fiiould be prior to his.
All burdens 23. No quality which is defigned as a lien or real
muft be in- burden on a feudal right, can be effeftual againft fin-
thelnveiti 8u^ar. fucceffors, if it be not inferted in the inveftiture.
t,irei ‘ If the creditors in the burden are not particularly men¬
tioned, the burden is not real j for no perpetual un¬
known encumbrance can be created upon lands. Where
the right itfelf is granted with the burden of the fum
therein mentioned, or where it is declared void if the
him be not paid againft a day certain, the burden is
real ; but where the receiver is limply obliged by his
acceptance to make payment, the claufe is effectual
only againft him and his heirs.
Sect. IV. Of the feveral hinds of Holding.
cixv. !• Feudal fubjefts are chiefly diftinguiftied by their
different manners of holding, which were either ward,
Ward-hold- blanchgffeu, or burgage. Ward holding, (which is now
w. Part III.
aboliihed by 20 Geo. II. c. 50.) was that which was law of
granted for military fervice. Its proper reddendo was Scotland.
fervices, or fervices ufed and wont \ by which laft was v *
meant the performance of fervice whenever the fupe-
rior’s occafions required it. As all feudal rights were
originally held by this tenure, w7ard-holding was in du-
bio prefumed. Hence, though the reddendo bad con¬
tained fome fpecial fervice or yearly duty, the holding
wras prefumed ward, if another holding was not parti¬
cularly expreffed.
2. F<?«-holding is that whereby the vaffal is obliged Fciu-h°ld-
to pay to the fuperior a yearly rent in money or grain,in^‘
and fometimes alfo in fervices proper to a farm, as
ploughing, reaping, carriages for the fuperior’s ufe,
&c. nomine feudi fir nice. This kind of tenure was in¬
troduced for the encouragement of agriculture, the
improvement of which was confiderably obftruiled by
the vaffal’s obligation to military fervice. It appears
to have been a tenure known in Scotland as far back as
leges burgorum.
3. .B/<jA?£v£-ho!ding is that whereby the vaffal is to Blanch-
pay to the fuperior an elufory yearly duty, as a penny holding,
money, a rofe, a pair of gilt fpurs, &c. merely in
acknowdedgment of the fuperiority, nomine alba firma.
This duty, where it is a thing of yearly growth, if it
be. not demanded within the year, cannot be exacted
thereafter *, and where the words fipetatur tantum are
fubjoined to the reddendo, they imply a releafe to the
vaffal, whatever the quality of the duty may be, if it
is not alked within the year.
4. .B//r§-<jge-holding is that, by which boroughs- Burgage*
royal hold of the fovereign the lands which are con-^°^nS*
tained in their charters of erection. This, in the opi¬
nion of Craig, does not conftitute a feparate tenure,
but is a fpecies of ward-holding j with this fpeciality,
that the vaffal is not a private perfon, but a communi¬
ty : and indeed, watching and warding, which is the
ufual fervice contained in the reddendo of fuch char¬
ters, might be properly enough faid, lome centuries
ago, to have been of the military kind. As the royal
borough is the king’s vaffal, all burgage-holders hold
immediately of the crown : the magiftrates, therefore,
when they receive the refignations of the particular
burgeffes, and give feifin to them, aft, not as fupe¬
riors, but as the king’s bailies fpecially authorized
thereto.
5. Feudal fubjefts, granted to churches, monafte- MortlfTc?--
ries, or other focieties for religious or charitable ufes,tl0n-
are faid to be mortified, or granted ad manum mor-
tuam ; either becaufe all cafualties muff neceffarily be
loft to the fuperior, where the vaffal is a corporation,
which never dies j or becaufe the property of thefe
fubjefts is granted to a dead hand, which cannot tranf-
fer it to another. In lands mortified in times of Po¬
pery to the church, whether granted to prelates for
the behoof of the church, or in puram eleemofiynam;
the only fervices preftable by the vaffals were prayers,
and finging of maffes for the fouls of the deceafed,
which approaches nearer to blanch-holding than ward.
The purpofes of fuch grants having been, upon the
Reformation, declared fuperftitious, the lands mortified
wTere annexed to the crown : but mortifications to uni-
verfities, hofpitals, &c. were not affected by that an¬
nexation ; and lands may, at this day, be mortified to
any lawful purpofe, either by blanch or by feu hold¬
ing :
Chap. IT. L
ins; : But as the fuperior muft lofe all the cafualties
of fuperiority in the cafe of mortifications to churches,
univerfities, &c. which, being confidered as a corpora¬
tion, never dies j therefore lands cannot be mortified
without the fuperioi’s confent. Craig, lib. i. dieg. ij.
{ 21.
clxvi.
Sect. V. Of the Cafualties due to the Superior.
Tity.
Fixed ri hts I-The right of the fuperior continues unimpaired,
of fuperio- notwithllanding the feudal grant, unlefs in fo far as
the dominium utile, or property, is conveyed to his
vaffal. The fuperiority carries a right to the fervices
and annual duties contained in the reddendo of the vaf-
fal’s charter. The duty payable by the vaffal is a de-
hitum fundi, i. e. it is recoverable, not only by a perfon-
al action againft himfelf, but by a real aftion againft
the lands.
2. Befides the conftant fixed rights of fuperiority,
there are others which, becaufe they depend upon un¬
certain events, are called cafualties.
3. The cafualties proper to a ward-holding, while
Cafual
rights.
Ward-hold¬
ing*
that tenure fubfifted, were ward, recognition, and mar¬
riage, which it is now7 unneceffary to explain, as by the
late ffatutes 20 and 25 Geo. II. for abolifhing ward-
holdings, the tenure of the lands holden ward of the
crowrn or prince is turned into blanch, for payment
of one penny Scots yearly, fi petatur tantum ; and the
tenure of thofe holden of fubjefls into feu, for pay¬
ment of fuch yearly feu duty in money, viflual, or
cattle, in place of all fervices, as fhould be fixed by the
court of fefiion. And accordingly that court, by aft
of federunt Feb. 8. 1749, laid dowm rules for afeer-
taining the extent of thefe feu duties. A full hiftory
of their cafualties, and of the effefts confequent upon
their falling to the fuperior, will be found in Erfkine’s
large Inflitute, B. 2. t. 5. § 5. et fequen. ; to which
the reader is referred.
Feu-hold- 4. The only cafualty, or rather forfeiture, proper
to feu-holding, is the lofs or tinfel of the feu right,
by the negleft of payment of the feu duty for tw7o full
years. Yet where there is no conventional irritancy in
the feu right, the vaffal is allowed to purge the legal
irritancy at the bar ; that is, he may prevent the for¬
feiture, by making payment before fcntence 5 but where
the legal irritancy is fortified by a conventional, he is
not allowed to purge, unlefs where he can give a good
reafon for the delay of payment.
-"Non-entry. 5* The cafualties common to all holdings are non-
entry, relief, liferent efeheat, difclamation, and purpre-
Jlure. Non-ENtk Y is that cafualty which arifes to
the fuperior out of the rents of the feudal fubjeft,
through the heirs neglefting to renew the inveftiture
after his ancellor’s death. The fuperior is entitled to
this cafualty, not only where the heir has not obtained
himfelf infeft, but where his retour or infeftment is
fet afide upon nullities. The heir, from the death of
the ancefior, till he be cited by the fuperior in a pro-
cefs of general declarator of non-entry, lofes only the
retoured duties ot his lands, (fee next parag.) $ and he
forfeited thefe, though his delay ihould not argue any
contempt of the fuperior, becaufe the calualty is con¬
fidered to fall, as a condition implied in the feudal
right, and not as a penalty of tranfgreffion : but rea-
A W.
fonable excufes are now’ admitted to liberate even from
the retoured duties before citation. _____
6. For underflanding the nature of retoured duties, Retoure(j
it mull be known, that there was anciently a general duties,
valuation of all the lands in Scotland, defigned both
for regulating the proportion of public fubfidies, and
for ascertaining the quantity of non-entry and relief
duties payable to the fuperior •, which appears, by a
contraft between K. R. Bruce and his fubjefts anno
1327, preferved in the library of the Faculty of Advo¬
cates, to have been fettled at leaft as far back as the
reign of Alexander HI. This valuation became in the
courfe of time, by the improvement of agriculture, and
perhaps alfo by the heightening of the nominal value
of our money, from the reign of Robert I. downwards
to that of James III. much too low a ffandard for the
fuperior’s cafualties j wherefore, in all fervices of heirs,
the inquefl came at laft to take proof likewdfe of the
prefent value of the lands contained in the brief (quan¬
tum nunc valent'), in order to fix thefe cafualties. The
firft w7as called the old, and the other .the new, old an3
Though both extents w7ere ordained to be fpecified in new ex-
all retours made to the chancery upon brieves of in-tents-
quell $ yet by the appellation of retoured duties in a
quellion concerning cafualties, the new extent is always
underltood. The old extent continued the rule for le-
veying public fublidies, till a tax was impofed by new
proportions, by feveral afts made during the ufurpa-
tion. By two afts of Cromwell’s parliament, held at
Weltminiter in 1656, impofing taxations on Scotland,
the rates laid upon the feveral counties are precilely fix¬
ed. The fubfidy granted by the aft of convention 1667
w7as levied on the feveral counties, nearly in the fame
proportions that were fixed by the ufurper in 1656’,
and the fums to w’hich each county wTas fubjefted w'ere
fubdivided among the individual landholders in that
county, according to the valuations already fettled, or
that ihould be fettled by the commiilioners appointed
to carry that aft into execution. The rent fixed
by thefe valuations, is commonly called the sWatv/Valued
rent; according to which the land tax and moft of renC
the other public burdens, have been levied fince that
time.
7. In feu-holdings, the feu duty is retoured as the
rent, becaufe the feu duty is prefumed to be, and truly
was at firft, the rent. The fuperior therefore of a feu-
holding gets no non-entry, before citation in the ge¬
neral declarator •, for he wTould have been entitled to the
yearly feu duty, though the fee had been full, i. e,
though there had been a vafial infeft in the lands. The
fuperior of teinds gets the fifth part of the retoured du¬
ty as non entry, becaufe.the law confiders teinds to be
worth a fifth part of the rent. In rights of annualrent
which are holden of the-granter, the annualrenter be¬
comes his debtor’s vafial; and the annualrent contained
in the right is retoured to the blanch or other duty
contained in the right before declarator.
8. It is becaufe the retoured duty is the prefumed
rent, that the non-entry is governed by it. If there¬
fore no retour of the lands in non-entry can be pro¬
duced, nor any evidence brought of the retoured duty,
the fuperior is entitled to the real, or at leaft to the
valued, rent, even before citation. In lands formerly
holden ward of the king, ths
heir, in place of the re¬
toured
646
L A
Law of
Scotland.
In what
cafes non¬
entry is not
due.
‘Relief.
Efcheat.
Letters of
homing.
toured duties, is fubje&ed only to the annual payment
of one per cent, of the valued rent.
9. The heir, after he is cited by the fuperior in the
addion of general declarator, is fubjefted to the full
rents till his entry, becaufe his, negleft is lefs excufable
after citation. The decree of declarator, proceeding
on this action, entitles the fuperior to the pofleffion,
and gives him right to the rents downward from the
citation. As this fort of non-entry is properly penal,
our law has always reftri&ed it to the retoured duties,
if the heir had a probable excufe for not entering.
10. Non-entry does not obtain in burgage-holdings,
becaufe the incorporation of inhabitants holds the
whole incorporated fubje&s of the king j and there
can be no non-entry duty in lands granted to communi-
tieSj becaufe there the vaffal never dies. This covers the
right of particulars from non-entry : for if non-entry
be excluded with regard to the whole, it cannot obtain
with regard to any part. It is alfo excluded, as to a
third of the lands, by the terce, during the widow’s
life ; and as to the whole of them, by the courtefy
during the life of her hufband. But it is not excluded
by a precept of feifin granted to the heir till feifin be
taken thereupon.
11. Relief is that cafualty which entitles the fupe¬
rior to an acknowledgment or confideration from the
heir for receiving him as vaffal. It is called relief,
becaufe, by the entry of the heir, his fee is relieved out
of the hands of the fuperior. It is not due in feu-hold¬
ings flowing from fubjedls, unlefs where it is expreffed
in the charter by a fpecial claufe for doubling the feu
duty at the entry of an heir •, but in feu rights holden
of the crown, it is due, though there ihould be no fuch
claufe in the charter. The fuperior can recover this
cafualty, either by a poinding of the ground, as a de-
bitum fundi, or by a perfonal a£Hon again ft the heir.
In blanch and feu-holdings, where this cafualty is ex-
prefsly ftipulated, a year’s blanch or feu duty is due in
name of relief befide the current year’s duty payable in
name of blanch or feu farm.
1 2. Escheat (from efcheoir, to happen or fall} is that
forfeiture which falls through a perfon’s being denoun¬
ced rebel. It is either fngle or liferent. Single ef¬
cheat, though it does not accrue to the fuperior, muft
be explained in this place, becaufe of its coincidence
with liferent.
13. After a debt is conftituted, either by a formal
decree, or by regiftration of the ground of debt, which
to the fpecial effeft of execution, is in law accounted a
decree : the creditor may obtain letters of horning,
iffuing from the fignet, commanding meffengers to
charge the debtor to pay or perform his obligation,
within a day certain. Where horning proceeds on a
formal decree of the feflion, the time indulged by law
to the debtor is fifteen days j if upon a decree of the
commiffion of teinds or admiral, it is ten ; and upon
the decrees of all inferior judges, fifteen days. Where
it proceeds on a regiftered obligation, which fpecifies
the number of days, that number muft be the rule •, and,
if no precife number be mentioned, the charge muft be
given in fifteen days, wdnch is the term of law, unlefs
where fpecial ftatute interpofes *, afrin bills, upon which
the debtor may be charged on fix days.
14. The meffenger muft execute thefe letters (and
W. Part HI.
indeed all fummonfes) againft the debtor, either per- Law of
fonally or at his dwelling houfe ; and, if he get not Scotland,
accefs to the houfe, he muft ftrike fix knocks at the v
gate, and thereafter affix to it a copy of his execution.
If payment be not made within the days mentioned in
the horning, the meffenger, after proclaiming three
oyeffes at the market crofs of the head borough of
the debtor’s domicile, and reading the letters there,
blows three blafts with a horn, by which the debtor is
underftood to be proclaimed rebel to the king for con¬
tempt of his authority j after which, he muft affix a
copy of the execution to the market crofs; This is
called the publication of the diligence, or a denunciation Denuncia-
at the horn. Where the debtor is'not in Scotland, hetion.
mull be charged on lixty days, and denounced at the
market crofs of Edinburgh, and pier and thore of
Leith.
15. Denunciation, if regiftered within 15 days, ei-Confequen-
ther in the fheriff’s books, or in the general regifter,ces thereof,
drew after it the rebel’s Angle efcheat, i. e. the for¬
feiture of his moveables to the crown. Perfons de¬
nounced rebels have not a perfona fandi in judicio ;
they can neither fue nor defend in any action. But this
incapacity being unfavourable, is perfonal to the rebel,
and cannot be pleaded again ft his affignee.
16. Perfons cited to the court of judiciary may beDenuncia-
alfo denounced rebels, either for appearing there with fl°n m cri-
too great a number of attendants : or, if they fail tominar cafes>
appear, they are declared fugitives from the law. Single
efcheat falls, without denunciation, upon fentence of
death pronounced in any criminal trial j and, by fpecial
ftatute, upon one’s being convifted of certain crimes,
though not capital j as perjury, bigamy, deforcement,
breach of atteftment, and ufury. By the late a£t abo-
liftiing ward-holdings, the cafualties both of fingle and
liferent efcheat are difeharged, when proceeding upon
denunciation for civil debts but they ftill continue,
when they arife from criminal caufes. All moveables
belonging to the rebel at the time of his rebellion,
(whether proceeding upon denunciation, or fentence in
a criminal trial), and all that (hall be afterwards acquir¬
ed by him until relaxation, fall under fingle efcheat.
Bonds bearing intereft, becaufe they continue heritable
quoadffeum, fall not under it, nor fuch fruits of herit¬
able lubjeds as became due after the term next enfu-
ing the rebellion, thefe being referved for the liferent
efcheat.
17. The king never retains the right of efcheat to
himfelf, but makes it over to a donatory, whofe gift is
not perfeded till, upon an adion of general declara¬
tor, it be declared that the rebel’s efcheat has fallen to
the crown by'his denunciation, and that the right of it
is now transferred to the purfuer by the gift in his fa¬
vour. Every creditor therefore of the rebel, whofe debt
was contraded before rebellion, and who has ufed dili¬
gence before declarator, is preferable to the donatory.
But the efcheat cannot be affeded by any debt con-
traded, nor by any voluntary deed of the rebel after
rebellion.
18. The rebel, if he either pays the debt charged Letters of
for, or fufpends the diligence, may procure letters ofre^axat^on-
relaxation from the horn, which, if publilhed in the
fame place, and regiftered 15 days thereafter in the
fame regifter with the denunciation, have the effed to
reftore
1
Scotland.
Liferent
efcheat.
Chap. II.
Law of reftore him to his former fiale ; but they have no re~
trofpeft as to the moveables already fallen-under ef¬
cheat, without a fpecial claufe for that purpofe.
19. The rebel, if he continues unrelaxed for year
and day after rebellion, is conftrued to be civilly dead:
and therefore, where he holds any feudal right, his fu-
periors, as being without a vaffal, are entitled, each% of
them, to the rents of fuch of the lands belonging to
the rebel as hold of himfelf, during ail the days of the
rebel’s natural life, by the cafualty of liferent es¬
cheat ; except where the denunciation proceeds upon
treafon or proper rebellion, in which cafe the liferent
falls to the king.
20. It is that eftate only, to which the rebel has a
proper right of liferent in his own perfon, that falls un¬
der his liferent efcheat.
21. Though neither the fuperior nor his donatory
can enter into polfeflion in confequence of this cafualty,
till decree of declarator j yet that decree, being truly
declaratory, has a retrofpeft, and does not fo properly
confer a new right, as declare the right formerly con-
ftituted to the fuperior, by the civil death of his vaffal.
Hence, all charters or heritable bonds, though granted
prior to the rebellion, and all adjudications, though led
upon debts contracted before that period, are ineffec¬
tual agaiitft the liferent efcheat, unlefs feifin be taken
thereon wuthin year and day after the granter’s rebel¬
lion.
22. Here, as in Angle efcheat, no debt contracted
after rebellion can hurt the donatory, nor any voluntary
right granted after that period, though in fecurity or
fatisfaCtion of prior debts.
23. Disclamation is that cafualty whereby a vaf-
lal forfeits his whole feu to his fuperior, if he difowns
or difclaims him, without ground, as to any part of it.
Purfresture draws likewife a forfeiture of the wdiole
feu after it j and is incurred by the vaffal’s encroaching
upon any part of his fuperior’s property^ or attempting,
by building, enclofing, or otherwife, to make it his
own. In both thefe feudal delinquencies, the leaf! co¬
lour of excufe faves the vaffal.
24. All grants from the crown, whether charters,
gifts of cafualties, or others, proceed on fignatures
which pafs the fignet. When the king refided in Scot¬
land, all fignatures were fuperfcribed by him ; but, on
the acceflion of James VI. to the crown of England,
a cachet or feal was made, having the king’s name en¬
graved on it, in purfuance of an aft of the privy coun¬
cil, April 4. 1603, w,t^ which all fignatures'were to
be afterwards fealed, that the lords of exchequer were
empowered to pafs ; and thefe powers are transferred
to the court of exchequer, which was eftabliffied in
Scotland after the union of the two kingdoms in 1707.
Grants of higher confequence, as remiffion of crimes,
gifts proceeding upon forfeiture, and charters of novo-
damus, muff have the king’s fign manual for their war¬
rant.
25. If lands holding of the crown were to be con¬
veyed, the charter paffed, before the union of the
kingdoms in 1707, by the great feal of Scotland ; and
now* by a feal lubffituted in place thereof. Grants of
9^ui'ch dignities, during Epifcopacy, pafled alfo by the
great feal ; and the commiffions to all the principal of¬
ficers of the crown, as juffice clerk, king’s advocate,
folicitor. See, do fo at this day. All rights which fub-
L A W.
647
Lzxv of
Scotland.
Declama¬
tion.
Purpref-
ture.
Signatures.
Seals.
je6fs may tranfmit by finiple affignation, the king tranf-
mits by the privy feal : as gifts of moveables, or of,  
cafualties that require no feifin. The quarter feal,
otherwife called the tejlivionial of the great feal, is ap¬
pended to gifts of tutory, commiffions of brieves iffuing
from the chancery, and letters of prefentation to lands
holding of a fubjecl, proceeding upon forfeiture, ba-
ftardy, or ultimus hceres.
26. Seals are to royal grants what fubfeription is Their ufe.
to rights derived from fubje6b, and give them authori¬
ty ■, they ferve alfo as a check to gifts- procured (fub-
reptione velobreptione') by concealing the truth, or ex¬
prefling a falfehood *, for, where this appears, the gift
may be flopped before palling the feals, though the fig-
nature Ihould have been figned by the king. All rights
palling under the great or privy feal muff; be regiflered
in the regifters of the great or privy feal refpebiive, be¬
fore appending the feal.
Sect. VI. Of the Right which the Vaffal acquires by clxvik
getting the Feu.
1. Under the dominium utile which the vaffal acquiresRominium*
by the feudal right, is comprehended the property oiutile’
whatever is confidered as part of the lands, whether of
houfes, woods, enclofures, &c. above ground; or of
coal, limeftone, minerals, &c. under ground. Mills
have, by the generality of our lawyers, been deemed
a feparate tenement, and fo not carried by a charter
or difpofition, without either a fpecial claufe convey¬
ing mills, or the ere&ion of the lands into a barony.
Yet it is certain, that, if a proprietor builds a mill on
his own lands, it will be carried by his entail, or by a
retour, without mentioning it, although the lands are
not eretted into a barony. If the lands difponed be
aftrifted, or thirled to another mill, the purchafer is
not allowed to build a new Corn mill on his property,
even though he ftrould offer fecurity that it fhall not
hurt the thirle; which is introduced for
daily temptations to fraud.
2. Proprietors are prohibited to bold dove-cots, un¬
lefs their yearly rent, lying within two miles thereof,
extend to ten chalders of visual. A purchafer of lands,
with a dove-cot, is not obliged to pull it down, though
he fliould not be qualified to build one ; but, if it be¬
comes ruinous, he cannot rebuild it. The right of
brewing, though not expreffed in the grant, is implied
in the nature of property 5 as are alfo the rights of fiih-
ing, fowling, and hunting, in fo far as they are not re-
ftrained by flatute.
3. There are certain rights naturally confequent on Regalia*
property, which are deemed to be preferved by the &
crown as regalia; unlefs they be fpecially conveyed.
Gold and filver mines are of this fort 5 the firft univer-
fally 5 and the other, where three halfpennies of filver
can be extracted from the pound of lead, by adl 1424,
(three halfpennies at that time was equal to about
two (hillings five pennies of our prefent Scots money).
Thefe were by our ancient law annexed to the crown j
but they are now diffolved from it ; and every proprie¬
tor is entitled to a grant of the mines within his own
lands, with the burden of delivering to the crown a
tenth of what (hall be brought up.
4. Salmon fifliing is likewife a right underflood to be
referved by the crown, if it be not exprefsly granted ;
but
preventing
648
L A
Law of
Scotland.
Res pub¬
lico:.
-Pertinents.
Privileges
<sf barony.
Tack or
It; afe..
but 40 years poffeflicn thereof, where the lands are ei¬
ther eredfed into a barony, or granted with the general
claufe of fiflrings, eftablifhes the full right of the fal-
mon fidting in the vaffal. A charter of lands within
which any of the king’s foreds lie, does not carry the
property of fuch foreft to the vaffal.
5. All the fubjedls which were by the Roman law
accounted res publicce, as rivers, highways, ports, &c.
are, fmce the introduflicn of feus, held to be inter re¬
galia t or in patrimonio principis ; and hence encroach¬
ment upon a highway is faid to infer purprefture. No
perfon has the right of a free port without a fpecial
grant, which implies a power in the grantee to levy
anchorage and fliore dues, and an obligation upon him
to uphold the port in good condition. In this clafs of
things, our forefathers reckoned fortalices, or fmall
places of ftrength, originally built for the defence of
the country, either againft foreign invafiows or civil
commotions ; but thefe now7 pafs with the lands in
every charter.
6. The valTal acquires right by his grant, not only
to the lands fpecially contained in the charter, but to
thofe that have been poffeiied 40 years as pertinent
thereof. But, t. If the lands in the grant are marked
out by fpecial limits, the vaffal is circumfcribed by the
tenor of his own right, which excludes every fubject
without thefe limits from being pertinent of the lands.
2. A right poffeffed under an exprefs infeftment is pre¬
ferable, certeris paribus, to one poffeffed only as perti¬
nent. 3. Where neither party is infeft per expreJJ'um,
the mutual promifeuous poffeffion by both, of a fubjecl
as pertinent, refolves into a commonty of the fubjedt
poffeffed : but if one of the parties has exercifed all the
adls of property of which the fubjedl was capable, while
the poffeflion of the other was confined to paflurage
only, or to calling feal and divot, the firft is to be
deemed foie proprietor, and the other to have merely
a right of fervitude.
7. As barony is a nomen univerjitatis, and unites
the feveral parts contained in it into one individual
right, the general conveyance of a barony carries with
it all the different tenements of which it conlifts, though
they Ihould not be fpecially enumerated (and this
holds, even without eredlion into a barony, in lands
that have been united under a fpecial name). Hence,
like wife, the poffeffion by the vaffal of the fmalleft part
of the barony lands preferves to him the right of the
whole.
8. The vaffal is entitled, in confequence of his pro¬
perty, to levy the rents of his own lands, and to reco¬
ver them from his tenants by an adlion for rent before
his own court j and from all other poffeffors and intro-
mitters, by an a£lion of mails and duties before the
fheriff. He can alfo remove from his lands, tenants
who have no leafes j and he can grant tacks or leafes
to others. A tack is a contraft of location, whereby
the ufe of land, or any other immoveable fubje£l, is fet
to the leffee or tackfman for a certain yearly rent, ei¬
ther in money, the fruits of the ground, or fervices.
It ought to be reduced into writing, as it is a right
concerning lands : tacks, therefore, that are given ver¬
bally, to endure for a term of years, are good againll
neither party for more than one year. An obligation
to grant a tack is as effedtual againft the granter as a
fonpal tack. A liferenter, having a temporary pro-
3
w.
Part III.
perty in the fruits, may grant tacks to- endure for the Law of
term of his owm liferent. Scotland.
9. The tackfman’s right is limited to the fruits * ' "y
which fpring up annually from the fubjefl fet, ei¬
ther naturally, or by his own induftry 5 he is not
therefore entitled to any of the growing timber a-
bove ground, and far lefs to the minerals, coal, clav,
&c. under ground, the ufe of which confumes the fub-
llance. Tacks are, like other contracls, perfonal rights
in their own nature 5 and confequently ineffcdlual againft
lingular fucceffors in the lands, j but, for the encou¬
ragement of agriculture, they were, by a<5l 1449, de¬
clared efteclual to tbe tackfman for the full time of
their endurance, into whofe hands foever the lands
might come.
10. To give a written tack the benefit of this ftatute,
it mull mention the fpecial tack-duty payable to the
proprietor, which, though fmall, if it be not elufory, fe-
cures the tackfman ; and it mull be followed by pof¬
feffion, which fupplies the want of a feifin. If a tack
does not exprefs the term of entry, the entry will com¬
mence at the next term after its date, agreeable to the
rule, Quod pure debetur, prafenti die debetur. If it does
not mention the ifh, i. e. the term at which it is to de¬
termine, it is good for one year only j but, if the in¬
tention of parties to continue it for more than one year,
Ihould appear from any claufe in the tack, e. g. if the
tackfman ftiould be bound to certain annual preftations),
it is fuilained for two years as the minimum. Tacks
granted to perpetuity, or with an indefinite ilh, have
not the benefit of the ftatute. Tacks of houfes within
borough do not fall within this a£l, it being cuftomary
to let thefe from year to year.
11. Tacks neceffarily 2l de/eSlusperfonce, a choice Tacks are
by the fetter of a proper perfon for his tenant. HenceA'^<^^-/2/r,','
the conveyance of a tack which is not granted to affig-
nees, is ineffedlual without the landlord’s confent. A
right of tack, though it be heritable, falls under the jus
mariti, becaufe*it cannot be feparated from the labour¬
ing cattle and implements of tillage, wffiich are move-
able fubje&s. A tack, therefore, granted to a fingle
wmman, without the liberty of affigning, falls by her
marriage ; becaufe the marriage, which is a legal con¬
veyance thereof to the hulband, cannot be annulled.
This implied exclufion of affignees, is, however, limited
to voluntary, and does not extend to neceffary, affign-
ments 3 as an adjudication of a tack by the tackfman’s
creditor: but a tack, exprefsly excluding affignees,
cannot be carried even by adjudication. It was not a
fixed point for a long time, wffiether a tenant could fub-
fet without confent of the landlord j but the court of
feffion, in a cafe which occurred a few7 years ago, de¬
nied the power of fubfetting in the tenant. Liferent
tacks, becaufe they import a higher degree of right in
the tackfman than tacks for a definite term, may be af-
figned, unlefs affignees be fpecially excluded.
12. If neither the fetter nor tackfman (hall properly Tacit rei*
difeover their intention to have the tack diffolved at the cation,
term fixed for its expiration, they are underftood, or
prefumed, to have entered into a new tack upon the
fame terms with the former, which is called tacit reloca¬
tion ; and continues till the landlord warns the tenant
to remove, or the tenant renounces his tack to the land¬
lord : this obtains alfo in the cafe of moveable tenants,
who poflefs from year to year without written tacks.
/
Chap. IT. ‘ L A
Law of In judicial tacks, however, by the court of feflion,
, Scotland. ^ac;t relocation neither does nor can take place ; for
cautioners being interpofed to thefe, they are loofed at
the end of the tack : and therefore, where judicial
tackfmen poffefs after expiry of the right, they are ac¬
countable as faftors.
13. In tacks of land, the fetter is commonly bound
to put all the houfes and office houfes, neceflary for the
farm, in good condition at the tenant’s entry ; and the
tenant muff keep them and leave them fo at his removal.
But, in tacks of houfes, the fetter muff not only deliver
to the tenant the fubjedl fet, in tenantable repair at his
entry, but uphold it in that repair during the whole
years of the tack, unlefs it is otherwife covenanted be¬
twixt the parties.
14. If the inclemency of the weather, inundation,
or calamity of war, fhould have brought upon the crop
an extraordinary damage (plus quam tolerabile'), the
landlord had, by the Roman law, no claim for any part
of the tack-duty j if the damage was more moderate,
he might exadf the full rent. It is nowhere defined,
what degree of fferility or devaftation makes a lofs plus
quam tolerabile ; but the general rule of the Roman law
feems to be made ours. Tenants are not obliged to pay
any public burdens to w’hich they are not exprefsly
bound by their tack, except mill fervices.
Deftitution 15. Tacks may be evacuated during their currency,
of tacks. (1.) In the fame manner as feu rights, by the tackf-
man’s running in arrear of his tack duty for two years
toge.ther. This irritancy may be prevented by the te¬
nant’s making payment at the bar before fentence.
(2.) Where the tenant either runs in arrear of one
year’s rent, or leaves his farm uncultivated at the ufual
feafon ; in which cafe he may, by a£l of (ederunt 1756,
be ordained to give fecurity for the arrears, and for the
rent of the five following crops, if the tack {hall fubfift
fo long; otherwife to remove, as if the tack were at
an end. (3.) Tacks may be evacuated at any time by
the mutual confent of parties.
16. The landlord, when he intends to remove a te¬
nant whofe tack is expiring, or who pofleffes without
a tack, muft, upon a precept figned by himfelf, warn
the tenant forty days preceding the term of Whitfun-
Waming. day, at or immediately preceding the ilh, perfonally
or at his dwelling houfe, to remove at that term, with
his family and effefls. This precept muft be alfo exe¬
cuted on the ground of the lands, and thereafter read
in the parifh church where the lands lie, after the morn¬
ing fervice, and affixed to the moft patent door thereof.
Whitfunday, though it be a moveable feaft, is, in que-
ftions of removing, fixed to the 15th of May. In
warnings from tenements within borough, it is fuffici-
ent that the tenant be warned forty days before the ilh
of the tack, whether it be Whitfunday or Martinmas j
and in thefe the ceremony of chalking the door is fu-
ftained as warning, when proceeding upon a verbal or¬
der from the proprietor.
17. This procefs of warning was precifely neceflary
for founding an a£lion of removing againft tenants, till
the a£! of federunt ! 7 <;6, which leaves it in the option
of the proprietor, either to ufe the former method, or
to bring his aflion of removing before the judge ordi¬
nary : which, if it be called 40 days before the faid term
of Whitfunday, (hall be held as equal to a warning.
Where t'-'e tenant is bound, by an exprefs claufe of his
VOL. XI. Part II.
W. * £49
tack, to remove at the ifti without warning, fuch ob- Law of
ligation is, by the faid aft, declared to be a fufficient L Scotland. ^
warrant for letters of horning j upon which, if the
landlord charge his tenant forty days before the faid
Whitfunday, the judge is authorized to ejeft him with¬
in fix days after the term of removing expreflfed in the
tack.
18. Aftions of removing might, even before this aft
of federunt, have been purfued without any previous
warning, (1.) Againft: vicious poflfefifors, i. e. perfons A<ft’°ns of
who had feized the pofleflion by force, or who, without r"mov^n®'
any legal title, had intruded into it, after the laft pof-
feflbr had given it up. ( 2.) Againft poflfefibrs who had
a naked tolerance. (3.) Againft tenants wdio had run
in arrear of rent, during the currency of their tacks.
(4.) Againft fuch as had fold their lands, and yet con¬
tinued to poflfefs after the term of the purchafer’s entry.
Upon the fame ground, warning was not required, in
removings againft pofieflors of liferented lands, after
the death of the liferenter who died in the natural pof-
fefiion : but if he pofieflTed by tenants, thefe tenants
could not be difturbed in their poflfeflions till the next
Whitfunday, that they might have time to look out
for other farms; but they might be compelled to re¬
move at that term, by an aftion of removing, without
warning.
19. A landlord’s title in a removing, let it be ever
fo lame, cannot be brought under queition by a tenant
whofe tack flows immediately from him j but, if he is
to infift againft tenants not his own, his right muft be
perfefted by infeftment, unlefs it be fuch as requires no
infeftment j as terce, &c.
20. The defender, in a removing, muft (by aft 1555), Violent
before offering any defence which is not inftantly veri-P10^5,
fied, give fecurity to pay to the fetter the violent profits,
if they Ihould be awarded againft him. Thefe are fo
called, becaufe the law confiders the tenant’s poffeffion
after the warning as violent. They are eftimated, in
tenements wdthin borough, to double the rent j and in
lands, to the higheft profits the purfuer could have
made of them, by pofleffing them either by a tenant or
by himfelf.
21. If the aftion of removing fhall be pafled from,
or if the landlord (hall, after ufing warning, accept of^^j-jLj
rent from the tenant, for any term fubfequent to that in.
of the removal, he is prefumed to have changed his
mind, and tacit relocation takes place. All aftions of
removing againft the principal or original tackfman,
and decrees thereupon, if the order be ufed, which is
fet forth fiupra (17.), are, by the aft of federunt 1756,
declared to be effeftual againft the affignees to the tack
or fubtenants.
22. The landlord has, in fecurity of his tack-duty, ^ypotliec*
over and above the tenant’s perfonal obligation, a tacit
pledge or hypothec, not only on the fruits, but on the
cattle pafturing on the ground. The corn, and other
fruits are hypothecated for the rent of that year wfliere-
of they are the crop ; for which they remain affefted,
though the landlord (hould not ufe his right for years
together. In virtue of this hypothec, the landlord is
entitled to a preference over any creditor, though he
has aftually ufed a poinding *, except in the fpecial
cafe, that the poinding is executed after the term of
payment, when the landlord can appropriate the crop
for his payment, the poinder in fuch cafe being obliged
4 N to
*
X
.650 LA
Law of to leave as much on the ground as to fatisfy the
Scotland, landlord’s hypothec : and it was found by the court of
feflion, that this right of the landlord is preferable even
to a debt due to the crown, for which a writ of extent
had been iffued.
23. The whole cattle on the ground, confidered as a
quantity, are hypothecated for a year’s rent, one after
another lucceflively. The landlord may apply this hy¬
pothec for payment of the pail year’s rent, at any time
tvithin three months from the lall conventional term of
payment, after which it ceafes for that year. As the
tenant may increafe the fubjetl of this hypothec, by pur-
chafing oxen, (beep, &c. fo he can impair it, by felling
part of his flock 5 but if the landlord fufpedls the te¬
nant’s management, he may, by fequeftration or poind¬
ing, make his right, which was before general upon the
whole flock, fpecial upon every individual. A fuperior
has alfo a hypothec for his fcu-duty, of the fame kind
with that juft explained.
24. In tacks of houfes, breweries, fhops, and other
tenements, which have no natural fruits, the furniture,
and other goods brought into the fubjedl fet are hypo¬
thecated to the landlord for one year’s rent. But the
tenant may by fale impair this hypothec, as he might
that of cattle in rural tenements; and indeed, in the
particular cafe of a fhop, the tenant rents it for no
other purpofe than as a place of fale.
SECT. VIL Of the Tranfmifjion of Rights, by Confirma¬
tion and Refignation.
clxviii.
Tranfmif- 1. A vaffal may tranfrnit his feu either to univerfal
fucceftors, as heirs; or to fingular fucceflbrs, i. e. thofe
° ' who acquire by gift, purchafe, or other fingular title.
This laft fort of tranfmiflion is either voluntary, by dif-
pofition ; or neceffary, by adjudication.
2. By the firft feudal rules, no fuperior could be
compelled to receive any vaffal in the lands, other than
the heir expreffed in the inveftiture ; for the fuperior
alone had the power of afcertnining to what order of
heirs the fee granted by himfelf was to defcend. But
this right of refufal in the fuperior did not take place,
(1.) In the cafe of creditors appraifers or adjudgers,
whom fuperiors were obliged to receive upon payment
of a year’s rent (1469, c. 37. 1672, c. 19.) : (2.) In
the cafe of purchafers of bankrupt eftates, who were
put on the fame footing with adjudgers by 1690, c. 20.
The crown refufes no voluntary difponee, on his paying
a compofition to the exchequer of a fixth part of the
valued rent. Now, by 20 Geo. IT. fuperiors are di¬
rected to enter all fingular fucceffors (except incorpo¬
rations) who (hall have got from the vaffal a difpofition,
containing procuratory of refignation : they always re¬
ceiving the fees or cafualties that law entitles them to
on a vaffal’s entry, i. e. a year’s rent (a).
W. Tart TIL
3. Bafe rights, i. e. difpofitions to be holden of the Law of
diiponer, are tranfmiflions only of the property, the Scotland,
fuperiority remaining as formerly. As this kind ofj^feTieht^
right might, before eiiablilhing the regifters, have been
kept quite concealed from all but the granter atid re¬
ceiver, a public right was preferable to it, unlefs
clothed with poffeflion : but as this diftinClion was no
longer neceffary after the eilabliftiment-of the records,
all infeftments are declared preferable, according to the
dates of their feveral regiftratijns ; without refpefl to
the former diftinClion of bafe and public, or of being
clothed and not clothed with poffeflion.
4. Public rights, i. e. difpofitions to be holden of the Public
granter’s fuperior, may be perfected either by confir-^^lt',•
mation or refignation ; and therefore they generally
contain both precept of feifin and procuratory of refig¬
nation. When the receiver is to complete his right in
the firft way, he takes feifin upon the precept : but
fuch feifin is ineffectual without the fuperior’s confir¬
mation ; for the difponee cannot be deemed a vaffal till
the fuperior receive him as fuch, or confirm the hold¬
ing. Bv the ulual ftyle in the tranfmiflion of lands,
the difpofition contains an obligation and precept of
infeftment, both a me and de me, in the option of the
difponee ; upon which, if feifin is taken indefinitely, it
is conftrued in favour of the difponee to be a bafe in¬
feftment, becaufe a public right is null without confir¬
mation : but if the receiver {hall afterwards obtain the
fuperior’s confirmation, it is confidered as if it had been
from the beginning a public right.
5. Where two feveral public rights of the fame fub-Preferenc
je£l are confirmed by the fuperior, their preference is^confir-
governed by the dates of the confirmations, not of thetl0n‘
infeftments confirmed ; becaufe it is the confirmation
which completes a public right.
6. Though a public right becomes, by the fupe-Effeft of
rior’s confirmation, valid from its date ; yet if any mid^?^rma"
impediment intervene betwixt that period and the
confirmation, to hinder the two from being conjoined,
e. g. if the granter of a public right ftrould afterwards
grant a bafe right to another, upon which feifin is ta¬
ken before the fuperior’s confirmation of the firft, the
confirmation wall have effedl only from its own date ;
and confequently the bafe right firft completed will
carry the property of the lands preferable to the public
one.
7. Refignation is that form of lawq by which a vaf-Refigna-
fal furrenders his feu to his fuperior ; and it is either ' ‘
adperpetuam remanentiam, or in favorem. In refigna-
tions ad remanentiam, w'here the feu is refigned, to the
effe£l that it may remain with the fuperior, the fuperior,
who before had the fuperiority, acquires, by the refig¬
nation, the property alfo of the lands refigned : and as
his infeftment in the lands ftill lubfifted, notwithftand-
ing the right by which he had given his vaffal the pro¬
perty ; therefore, upon the vaffal’s refignation, the fu¬
perior’s
(a) It wras long matter of doubt how this compofition due to the fuperior upon the entry of fingular fucceffors
ftiould be regulated. The matter at laft received a folemn decifion ; finding, That the fuperior^ is entitled, for
the entry of fingular fucceffors, in all cafes where fuch entries are not taxed, to a year’s rent of tue fubjedl, whe¬
ther lands or houfes, as the fame are fet, or may be fet at the time ; deducing the feu-duty and all public bur¬
dens, and likewife all annual burdens impofed on the lands by confent of the fuperior, with all reafonable annual
repairs to houfes and other perifhable fubjefls.
Cliap II ^ ^ •
Law of penor’s right of property revives, and is confolidated the right of reverfion ^granted m a
Scotland, vvith the fuperiority, without the neceffity of a new m-
but the inftrument of refignation muft be re-
65 T
Law of
Scotland.
elm.
Reverfions
legal.
Wadfet.
feftment;
corded. .
8. Refignations in favoretn are made, not with an
intention that the property refigned fhould.remain with
the fuperior, but that it (hould be again given by him,
in favour either of the ref’gner himfelf, or of a third
party ■, confequently the fee remains in the refigner,
till the perfon in whofe favour refignation is made gets
his right from the fuperior perfedfed by feifin. And
becaufe relignations in favorem are but incomplete per-
fonal deeds, our law has made no provifion for record¬
ing them. Hence, the firft feifin on a fecond refigna¬
tion is preferable to the laft feifin upon the firff refigna¬
tion ; but the fuperior, accepting a fecond refignation,
whereupon a prior feifin may be taken in prejudice o
the firlt refignatory, is liable in damages.
o. By our former decifions, one who was veiled with
a perfonal right of lands, i. e. a right not completed
by feifin, eftbaually dwelled himfelf by difponmg it to
another ; after which no right remained in the difpo-
ner, which could be carried by a fecond difpofition,
becaufe a perfonal right is no more than ajar obligation
nis, which may be transferred by any deed, fufficiently
exprelfing the will of the granter. But this dodlrine,
at the fame time that it rendered the fecuvity of the re¬
cords extremely uncertain, was not truly applicable to
fuch rights as required feifin to complete them ; and
therefore it now obtains, that the granter even of a per¬
fonal right of lands is not fo dwelled by conveying the
right to one perfon, but that he may eflfe&ually make
it over afterwards to another •, and the preference be¬
tween the two does not depend on the dates of the di(-
politions, but on the priority of the feifins following up¬
on them.
Sect. VIII. Of Redeemable Rights.
1. An heritable right is faid to be redeemable, when
it contains a right of reverfion, or return, in favour of
the perfon from whom the right Hows. .Revernons
are either legal, which arife from the law itfelf, as in
adjudications, which law declares to be icdeemable
within a certain term after their date ; or convention¬
al, which are conllituted by the agreement, of parties,
as in wadfets, rights of annualrent, and.rights in fe-
curity. A wadfet (from wad or pledge) is a right, by
which lands, or other heritable fubje£ls,. are impigno-
rated by the proprietor to his creditor in fecurity of
his debt ; and, like other heritable rights, is perfected
by feifin. The debtor, who grants the wadfet, and
has the right of reverfion, is called the reverfer; and
the creditor, receiver of the vvadfet, is called the wad-
fetter.
2. Wadfets, by the prefent pra&ice, are commonly
made out in the form of mutual contrails, in which
one party fells the land, and the other grants the right
of reverfion. When the right of reverfion is thus in¬
corporated in the body of the wadfet, it is effeilual
without regillration •, becaufe the fingular fucceflor in
the wadfet is, in that cafe, fufficiently certified of the
reverfion, though it be not regiftered, by looking into
his own right, which bears it in gremio. But where
feparate writing,
it is meffeilual againft the fingular fucceflor of the ^
wadfetter, unlefs it be regitlered in the regifler of fei-
fms within 60 days after the date of the feifln upon the
wadfet. . . .
3. Rights of reverfion are generally efteemed ft rich Reyerfion is
juris ; yet they go to heirs, though heirs Ihould not be4/ 2<s^“m*
mentioned, unlefs there be fome clauie in the right, dif-
covering the intention of parties, that the reverfion
fliould be perfonal to the reverfer himfelf. In like
manner, though the right {hould not exprefs a power
to redeem frpm the wadfetter’s heir, as well as from
himfelf, redemption will be competent againil the heir.
All our lawyers have affirmed, that reverfions cannot
be afligned, unlefs tney are taken to aihgnees j but
from the favour of legal diligence, they may be ad¬
judged. v ,
4. Reverfions commonly leave the r.everfer at liberty }™emp~
to redeem the lands quandocunque, without reftriftion on'
in point of time ; but a claufe is adje£ted to fome re¬
verfions, that if the debt be not paid againft a deter¬
minate day, the right of reverfion thall be irritated,
and the lands {hall become the irredeemable property
of the wadfetter. Neverthelefs the irritancy being pe¬
nal, as in wadfets, where the fum lent falls always
Ihort of the value of the lands, the right of redemption
is by indulgence continued to the reverfe.r, even after
the term has expired, while the irritancy is not decla¬
red. But the reverfer, if he does not take the benefit
of this indulgence within 40 years after the lapfe 01 tne
term, is cut out of it by prefeription.
g If the reverfer would redeem his lands, he muft-
ufe an order of redemption againft the wadfetter : trie
firft ftep of which is premonition (or notice given un¬
der form of inftrument) to the wadfetter, to appear at
the time and place appointed by the reverfion, then
and there to receive payment of his debt, and there¬
upon to renounce his r'ght of wadfet. In the volun¬
tary redemption of a right of wad let holden bafe, a
renunciation duly regiftered re-eftabliihes the reverfer
in the full right of the lands. Where the wadfet was
granted to be holden of the granter’s (uperior, the fu¬
perior muft receive the reverfer, on payment of a year’s
rent, if he produce a difpofition from the wad fetter,
containing procuratory of refignation. If, at execut¬
ing the wadfet, the fuperior has granted letters ot
regrefs, i. e. an obligation again to enter the r.everfer Le«e« of
upon redemption of the lands, he will be obliged to reSre'■
receive him without payment of the year’s rent. But
letters of regrefs will not have this effeft againft fin¬
gular fucceflbrs in the fuperiority, if they are not regi¬
ftered in the regifter of reverfions. All wadfets that re¬
main perfonal rights, are extinguiftied by fimple dil-
charges, though they {hould not be recorded.
6. If the wadfetter either does not appear at theRedemp-
time and place appointed, or refufes the redemption111011 money'
money, the reverfer muft confign it under form of in¬
ftrument, in the hands of the perfon appointed in the
right of reverfion: or, if no perfon be named, in
the hands of the clerk to the bills, a clerk of feffion,
or any refponfable perfon. An inftrument of configna-
tion, with the confignatory’s receipt of the money con-
figned, completes the order of redemption, flops the
farther currency of intereft againft the reverfer, ana
4. N a founds
°52 LAW. Part III
Law of founds him in an action for declaring the order to be
. Scotland., formal, and the lands to be redeemed in confequence
v of it.
7- After a decree of declarator is obtained, by which
the lands are declared to return to the debtor, the
configned money, which comes in place of the lands,
becomes the wadfetter’s, who therefore can charge the
confignatory upon letters of horning to deliver it up
to him ; but, becaufe the reverfer may, at any time
before decree, pafs from his order, as one may do from
any other ftep of diligence, the configned fums con¬
tinue to belong to the reverfer, and the wadfetter’s
intereft in the wadfet continues heritable till that pe¬
riod.
8. If the wadfetter choofes to have his money ra¬
ther than the lands, he muft require from the reverfer,
under form of inftrument, the fums due by the wad-
let, in terms of the right. The wadfet-fums may be
heritable, notw’ithflanding requifition, which may be
paffed from the wadfetter even after the reverfer
has eonfigned the redemption money in confequence
thereof.
Wadfets p. Wadfets are either proper or improper. A pro¬
proper and per wa(}fet is that whereby it is agreed, that the ufe of
improper. ^ land lhall go for the ufe of the money $ fo that
the wadfetter takes his hazard of the rents, and enjoys
them without accounting, in fatisfadlion, or in folutum
of his intereft.
10. In an improper wadfet, the reverfer, if the rent
ftiould fall ftiort of the intereft, is taken bound to make
up the deficiency $ if it amounts to more, the wadfetter
is obliged to impute the excrefcence towards extindlion
of the capital: And, as foon as the whole fums, princi¬
pal, and intereft, are extinguilhed by the wadfetter’s
poffeflion, he may he compelled to renounce, or diveft
himfelf in favour of the reverfer.
11. If the wadfetter be entitled by his right to en¬
joy the rents without accounting, and if at the fame
time the reverfer be fubjefted to the hazard of their
deficiency, fuch contraft is juftly declared ufurious :
and alfo in all proper wadfets wherein any unreafonable
advantage has been taken of the debtor, the wadfetter
muft (by aft 1661), during the not requifition of the
fum lent, either quit his poffeffion to the debtor, upon
his giving fecurity to pay the intereft, or fubjeft himr
felf to account for the furplus rents, as in improper
wadlets.
Right of 12. Infeftments of annualrent, the nature of which
annuairent. fias been explained, are alfo redeemable rights. A
right of annualrent does not carry the property of the
lands} but it creates a real nexus or burden upon the
property, for payment of the intereft or annualrent
contained in the right} and confequently the bygone
interefts due upon it are debit a fundi. The annualren-
ter may therefore either infill in a real aftion for ob¬
taining letters of poinding the ground, or fue the te¬
nant in a perfonal aftion towards the payment of his
paft intereft : and in a competition for thofe rents, the
annualrenter’s preference will not depend on his having
ufed a poinding of the ground, for his right was com¬
pleted by the feifin j the power of poinding the ground,
ariiing from that antecedent right, is tnerce facultatis,
and need not be exercifed, if payment can be otherwife
got. As it is only the intereft of the fum lent which
is a burden upon the lands, the annualrcnter, if he
wants his principal fum, cannot recover it either by Law of
poinding or by a perfonal aftion againft the debtor’s Scotland,
tenants $ but muft demand it from the debtor himfelf, '
on his perfonal obligation in the bond, either by re¬
quifition, or by a charge of letters of horning, accord¬
ing as the right is drawn.
13. Rights of annualrent, being fervitudes upon the
property, and coafequently confiftent with the right of
property in the debtor, may be extinguiftied without re-
fignation.
14. Infeftments in fecurity are another kind of re-R;ghtSof
deemable rights (now frequently ufed in place of rights fecurity.
of annualrent), by which the receivers are infeft in the
lands themfelves, and not fimply in an annualrent forth
of them, for fecurity of the principal fums, intereft,
and penalty, contained in the rights. If an infeftment
in fecurity be granted to a creditor, he may thereupon
enter into the immediate poffeflion of the lands or an¬
nualrent for his payment. They are extinguilhed as
rights of annualrent.
ij. All rights of annualrent, rights in fecurity, and
generally whatever conftitutes a real burden on the
fee, may be the ground of an adjudication, which is
prelerable to all adjudications, or other diligences,
intervening between the date of the right and of the
adjudication deduced on it $ not only for the princi¬
pal fum contained in the right, but alfo for the whole
paft intereft contained in the adjudication. This pre¬
ference arifes from the nature of real debts, or debi-
ta fundi: but in order to obtain it for the intereft of
the intereft accumulated in the adjudication, fuch ad¬
judication muft proceed on a procefs of poinding the
ground.
SECT. IX. Of Servitudes.
• • clxx,
1. Servitude is a burden affefting lands, or rather heri- Different
table fubjefts, whereby the proprietor is either reftrain- kinds of
ed from the full ufe of what is his own, or is obliged to fervkU(le.
fuffer another to do fomething upon it. Servitudes are
either natural, legal, or conventional. Nature itfelf may
be faid to conftitute a fervitude upon inferior tenements,
whereby they muft receive the water that falls from
thofe that Hand on higher ground. Legal fervitudes
are eftabliftied by nature or cuftom, from confiderations
of public policy j among which may be numbered the
reftraints laid upon the proprietors of tenements within
the city of Edinburgh. There is as great a variety of
conventional fervitudes, as there are ways by which the
exercife of property may be reftrained by paftion in fa¬
vour of another.
2. Conventional fervitudes are conftituted, either by
grant, where the will of the party burdened is expreflfcd
in writing : or by prelcription, where his confent is pre¬
fumed from his acquiefcence in the burden for 40 years.
A fervitude conftituted by writing, or grant, is not
effectual againll the grantor’s lingular lucceffors, unlefs
the grantee has been in the ufe or exeicile of his right:
but they are valid againft the grantor and his heirs even
without ufe. In fervitudes that may be acquired by
prefeription, 40 years exercife of the rights is fufficient,
without any title in writing, other than a charter and
feifin of the lands to which the fervitude is claimed
to be due.
3. Servitudes conftituted by grant are not cffeftual,
in
/
Chap. II. L
Law of in a queftion with the fuperior of the tenements bur-
t Scotland, with the fervitude, unlefs his confent be adhi-
^ bited j for a fuperior cannot be hurt by his vaffal’s
deed : but where the fervitude is acquired by prefcrip-
tion, the confent of the fuperior, -whofe right afforded
him a good title to interrupt, is implied. A fervitude
by grant, though followed only by a partial polfeffion,
muff be governed, as to its extent, by the tenor of the
grant; but a fervitude by prefcription is limited by the
meafure or degree of the ufe had by him who prefcribes :
agreeable to the maxim, Tantum prafcriptum, quantum
pojfeffum.
Predial fer- 4. Servitudes are either predial or perfonal. Predial
vitudes. fervitudes are burdens impofed upon one tenement, in
favour of another tenement. That to w'hich the fervi¬
tude is due is called the dominant, and that which owes
it is called the fervient tenement. No perfon can have
right to a predial fervitude, if he is not proprietor of
fome dominant tenement that may have benefit by it j
for that right is annexed to a tenement, and fo cannot
pafs from one perfon to another, unlefs fome tenement
goes along with it.
5. Predial fervitudes are divided into rar^/fervitudes,
Rural fer- or lands ", and urban fervitudes, or of houfes. The
vitudes. rural fervitudes of the Romans were iter, a£lus, via,
aqueeduBus, aqucehaujlus, and jus pafcendi pecoris. Si¬
milar fervitudes may be conflituted with us, of a foot-
road, horfe-road, cart-road, dams and aqueducts, wa¬
tering of cattle, and paflurage. The right of a high¬
way is not a fervitude conflituted in favour of a parti¬
cular tenement, but is a right common to all travellers.
The care of high-ways, bridges, and ferries, is commit¬
ted to the fheriffs, juftices of peace, and commiffioners of
fupply in each fhire.
6. Common paflurage, or the right of feeding one’s
cattle upon the property of another, is fometimes con-
flituted by a general claufe of palturage in a charter or
difpofition, without mentioning the lands burdened ;
in which cafe, the right comprehends whatever had
been formerly appropriated to the lands difponed out
of the granter’s own property, and likewife all pafturage
due to them out of other lands. When a right of pa-
llurage is given to feveral neighbouring proprietors, on a
moor or common belonging to the granter, indefinite
as to the number of cattle to be pafiured, the extent of
their feveral rights is to be proportioned according to
the number that each of them can fodder in winter up¬
on his own dominant tenement.
Urban fer- 7. The chief fervitudes of houfes among the Romans
vitudes. were thofe of fupport, viz. tigni immittendi, and oneris
ferendi. The firft was the right of fixing in our neigh¬
bour’s wall, a joift or beam from our houle : the fecond
was that of refling the weight of one’s houfe upon his
neighbour’s wall.
8. With us, where different floors or ftories of the
fame houfe belong to difiFerent perfons, as is frequent
in the city of Edinburgh, the property of the houfe
cannot be faid to be entirely divided ; the roof remains
a common roof to the whole, and the area on which
the houfe (lands fupports the whole; fo that there is a
communication of property, in confequence of which
the proprietor of the ground floor muft, without the
conllitution of any fervitude, uphold it for the fupport
of the upper, and the owner of the higheft ftory muft
uphold that as a cover to the lower. When the high-
A W. _ 653
eft is divided into garrets among the feveral proprie- Law of
tors, each proprietor is obliged, according to this rule, Scotland,
to uphold that part of the roof which covers his own ^
garret.
6. No proprietor can build, fo as to throw the rain
water falling from his own houfe, immediately upon
his neighbour’s ground, without a fpecial fervitude,
which is called of Jlillicide; but, if it falls within his
own property, though at the fmalleft diftance from the
march, the owner of the inferior tenement muft receive
it.
10. The fervitudes altius non tollendi, et non ofjicien-
di lumimbus velprofpeBui, reftrain proprietors from raif-
ing their houfes beyond a certain height, or from mak¬
ing any building whatfoever that may hurt the lighr
or profpedl: of the dominant tenement. Thefe fervi¬
tudes cannot be conftituted by prefcription alone : for,
though a proprietor Ihould have his houfe ever fo low,
or (hould not have built at all upon his grounds for 40
years together, he is prefumed to have fo for his
own conveniency or profit ; and therefore cannot be
barred from afterwards building a houfe on his proper¬
ty, or raifing it to what height he pleafes, unlefs he be
tied down by his own confent.
11. We have two predial fervitudes to which the Servitude of
Romans were ftrangers, viz. that of fuel or feal and^0^n<*
divot, and of thirlage. The firft is a right, by which
the owner of the dominant tenement may turn up peats,
turfs, feals, or divots, from the ground of the fervient,
and carry them off either for fuel, or thatch, or the
other ufes of his own tenement.
12. Thirlage is that lervitude, by which lands are Thirlage.
aftri&ed, or thirled, to a particular mill j and the pof-
feffors bound to grind their grain there, for payment
of certain multures and fequels as the agreed price of
grinding. In this fervitude, the mill is the dominant
tenement and the lands aftri&ed (which are called al-
fo the thirl or fuchenj the fervient. Multure is the
quantity of grain or meal payable to the proprietor of
the mill, or to the multurer his tackfman. The fe¬
quels are the fmall quantities given to the fervants, un¬
der the name of knavejhip, bannock, and lock or gowpen.
The quantities paid to the mill by the lands not a-
ftrifted, are generally proportioned to the value of the
labour, and are called out-town or out-fucken multures;
but thofe paid by the thirl are ordinarily higher, and
are called in-town or in-fucken multures.
13. Thirlage may be conftituted by a landholder,,
when, in the difpofition of certain lands, he aftridls
them to his own mill} or when in the difpofition of a
mill, he aflridls his own lands to the mill difponed j or
when in letting his lands, he makes it a condition in#
the tacks. The grant of a mill with the general claufe
of multures, without fpecifying the lands aftridted,
conveys the thirlage of all the lands formerly aftri&ed
to that mill, whether they were the property of the
granter, or of a third party.
14. A lefs formal conllitution ferves to aftrift ba¬
rony lands to the mill of the barony, than is neceffary
in any other thirlage j which perhaps proceeds from
the effects of the union betwixt the two. Hence, if a
baron makes over the mill of a barony, cum multuris,
or cum aJlriRis multuris, it infers an aftriftion of the
barony lands to the mill conveyed, although they had
not formerly been aftri&ed. But if prior to the baron’s.
conveyance.
654 ^ A W. Part TIL
Law of conveyance of Ins mill cum mu/turis, he had fold any duffs, and bring home the millftones. Thefe fervices, ofj
| Scotlaaid. ^ part 0f barony lands to another cum tnulturis, the though not expreffed in the conftitutio i, are implied. ,S ot^'t 11' ,
purchafer’s lands are not alirifted by the pofterior 19. Servitudes, being reftraints up m property, are 3erv;tU(:ies
grant*, for a right of lands with the multures, implies JlriSH juris: they are not therefore prefunned if the are Jtricii
a freedom of thefe lands from thirlage. acts upon which they are claimed can be explained can-juris.
1^. Thirlage is either, I. Of grindable corns j or,
2. Of all growing corns : or, 3. Of the iriwBa et il-
fata, i. e. of all the grain brought within the thirl,
though of another growth. Where the thirlage is of
grindable grain, it is in praflice re ft rifled to the corns
which the tenants have occafion to grind, either for the
fupport of their families, or for other ufes *, the furplus
may be carried out of the thirl unmasmfaflured, with¬
out being liable in multure. Where it is of the grand
crcfcentia, the whole grain growing upon the thirl is
aftrifted, with the exceptions, 1. Of feed and horfe-
corn, which are deftined to ufes inconfiftent with grind¬
ing*, and, 2. Of the farm duties due to the landlord,
if they were delivered in grain not grinded. But, if the
rent be payable in meal, flour, or malt, the grain of
which thefe are made muft be manufaflured in the do¬
minant mill.
16. The thirlage of inve&a et illata is feldom confli-
tuted but againil the inhabitants of a borough or vil¬
lage, that they {hall grind all the unmanufaffured grain
they import thither at the dominant mill. Multure,
therefore, cannot be exacted in a thirlage of invecia et
illata, for flour or oatmeal brought into the fervient
tenement, unlefs the importer had bought it in grain,
and grinded it at another mill. The fame grain that
owes multure, as granum crefcens, to the mill in whofe
thirl it grew, if it (hall be afterwards brought withift a
borough where the invella et illata are thirled, muft pay
a fecond multure to the proprietor of that dominant
tenement; but, where the right of thefe two thirlages
is in the fame proprietor, he cannot exaft both. Where
lands are thirled in general terms, without exprefling
the particular nature of the fervitude, the lighteft thir¬
lage is prefumed, from the favour of liberty j but in
the aftri&ion of a borough or village, where there is
no growing grain which can be the fubje£t of thirlage,
the aftri&ion of inveBa et illata muft be neceffarily un-
derftood.
17. Thirlage, in the general cafe, cannot be efta-
blifhed by prefcription alone, for Us qwt funt tnera fa-
cultatis nan prefcribitur; but where one has paid for
40 years together the heavy in-fucken multures, the
flighteft title in writing will fubjeft his lands. Thir¬
lage may, contrary to the common rule, be conftituted
by prefcription alone, 1. Where one pays to a mill a
certain futn, or quantity of grain yearly, in name of
multure, whether he grinds at it or not, (called
multure). 2. In mills of the king’s property; which
is conftituted jure coroner, without titles in writing;
and, where he derives right from another, his titles
are more liable to be loft. This is extended in prac¬
tice to mills belonging to church lands, where thirty
years pofleflion is deemed equivalent to a title in writ¬
ing, from a prefumption that their rights were de-
ftroyed at the Reformation. Though thirlage itfelf can¬
not be conftituted by mere pofleflion, the proportion
of multure payable to the dominant tenement may be
fo fi*ed.
18. The pofleiTors of the land aftritted are bound
to uphold the mill, repair the dam dykes and aque-
2
fiftently with freedom : and when f rvitudes are con¬
ftituted, they ought to be ufed in the way leaft bur-
denfome to ti e fervient tenement. Hence, one who
has a fervitude of peats upon his neighbour's mofs. is
not at liberty to extend it for the ure of any manufac¬
ture which may require an extraordinary expence of
fuel : but muft confine it to the natural ules of the do¬
minant tenement.
20. Servitudes are extinguithed, (1.) Confuftone,
when the perfon comes to be proprietor of the domi¬
nant and fervient tenements ; for res fua nomim fervit,
and the ufe the proprietor therefore makes of the fer¬
vient tenement is not jure fervitutis, but is an a£t o?
property. (2.) By the perilhing either of the domi¬
nant or fervient tenement. (3.) Servitudes are loft non
utendo, by the dominant tenement negle&ing to uie
the right of 40 years ; which is confidered as a de-
relidtion of it, though he who has the fervient tene¬
ment ftioald have made no interruption by doing ads
contrary to the fervitude.
21. Perfonal fervitudes are thofe by which the pro¬
perty of a fubjed is burdened, in favour, not of a te¬
nement, but of a perfon. The only perfonal fervitude
known in our law, is ufufrud or liferent ; which is a
right to ufe and enjoy a thing during life, the fubftance Liferent,
of it being preferved. A liferent cannot therefore be
conftituted upon things which perith in the ufe ; and
though it may upon fubjeds which gradually wear out
by time, as houfehold furniture, &c. yet with us, it is
generally applied to heritable fubjeds. He whofe pro¬
perty is burdened, is ufualiy called the jiar.
22. Liferents are divided into convention and le- Liferents.
gal. Conventional liferents are either Jimple, or bij
refervation. A Jimple liferent, or by a feparate con-
ftitution, is that which is granted by the proprietor in
favour of another : And this fort, contrary to the na¬
ture of predial fervitudes, requires feifin in order to af-
fed Angular fuccefibrs; for a liferent of lands is, in
ftrid fpeech, not a fervitude, but a right refembling
property which conftitutes the liferenter vaflal for life;
and Angular fucceffors have no way of difeovering a life-
rent right, which perhaps is not yet commenced, but
by the records: whereas, in predial fervitudes, the con-
ftant life of the dominant tenement makes them pub¬
lic. The proper right of liferent is intranfmiflible ;
ojjibus ufufruBuani inh rrct; jfWhen the profits of the
liferented fubjed are tranfmitted to another, the right
becomes merely perfonal : for it entitles the aflignee
to the rent, not during his own life, but his cedent’s ;
and is therefore carried by Ample a {Agnation, without
feifin.
23. A liferent by refervatian, is that which a pro¬
prietor referves to hiuifelf in the fame writing by which
he conveys the fee to another. It requires no feifin ;
for the granter’s former feifin, which virtually included
the liferent, ftill fubfifts as to the liferent which is ex-
prefsly referved. In conjund infeftments taken to huf-
band and wife, the wife’s right of conjund fee relolves,
in the general cafe, into a liferent.
24. Liferents, by law, are the tercc and the cour- Terce.
tefy.
Chap. IT. L
law of tefy. The terce (tertin) is a liferent competent by
Seotlarr1. law to widows, v ho have net accepted of fpecial pro-
' vifions, in the third of the heritable fubjedts in which
their hufhands died infeft; and takes place only where
the marriage has fubfifted for year and day, or where
a child has been born alive of it (b).
25. The terce is not limited to lands, but extends
to teinds, and to fervitudes and other burdens affe&ing
lands; thus, the widow is entitled, in the right of her
terce, to a liferent of the third of the fums fecured,
either by rights of annualrent, or by rights in fecurity.
In improper wadfets, the terce is a third of the fum
lent : In thofe that are proper, it is a thirp of the wad-
fet lands; or, in cafe of redemption, a third of the re¬
demotion money. Neither right of reverfion, fupe-
riority, nor patronage, fall under the terce; for none of
thefe have fixed profits, and fo are not proper fubjefts
for the widow’s fubfiftence; nor tacks, becaufe they are
not feudal rights. Burgage tenements are alfo exclud¬
ed from it, the rearon of which is not fo obvious.
Since the hufband’s feifin is both the meafure and fecu¬
rity of the terce, fuch debts or diligences alone, as ex¬
clude the hufband’s feifin, can prevail over it.
26. Where a terce is due out of lands burdened with
a prior terce flill fubfifling, the fecond tercer has only
right to a third of the two thirds that remain unafFedt-
ed by the firft terce. But upon the death of the firft
widow, whereby the lands are difburdened of her terce,
the lelTer terce becomes enlarged, as if the firll bad
never exifted. A widow’, who has accepted of a fpe¬
cial provifion from her bufband, is thereby excluded
irom the terce, unlefs fuch provifion fhall contain a
claufe that fhe lhall have right to both.
27. The widow has no title of poffeirion, and fo can¬
not receive the rents in virtue of her terce, till fire be
ferved to it ; and in order to this, {he muft obtain a
bnef out of the chancery, direfled to the fheriff, who
calls an inqueft, to take proof that fire was wifi.' to the
deceafed, and that her hufband died infeft in the fub-
jedls contained in the brief. The fervice or fentence
of the jury, finding thefe points proved, does, without
the neceffity of a retour to the chancery, entitle the
wife to enter into the pofifeffion ; but fire can only pof-
fefs with the heir pro indivifo, and fo cannot remove
tenants till the fheriff kens her to her terce, or divides
the lands between her and the heir. In this divifion,
after determining by lot or kavil, whether to begin by
the fun or the fhade, i. e. by the eaft or the weft, the
iherift' fets off the two firft acres for the heir, and the
third for the widow. Sometimes the divifion is execu-
ted, by giving one entire farm to the widow, and two
of equal value to the heir. The widow’s right is not
properly conftituted by this fervice ; it was conftituted
before by the hufband’s feifin, and fixed by his death ;
A W.
655
the fervice only declares it, and fo entitles her to the Law of
third part of the rents retro to her hufband’s death, Scotland,
preferable to any rights that may have affecled the v
lands in the intermediate period betw’een that and her
owm fervice. I he relidl, if flie was reputed to be lawT-
ful w’ife to the deceafed, muft be ferved, notwithfland-
ing. any obje6Hons by the heir againft the marriage,
which may be afterwards tried by the commiffary.
28. Courtefy is a liferent given by law, to the far- Courtefy.
viving hulband, of all his wife’s heritage in which flie
died infeft, if there was a child of the marriage bom
alive. A marriage, though of the longeft continuance
gives no right to the courtefy, if there w’as no iffue of
it. I he child born of the marriage muft be the mo¬
ther’s heir : If (he had a child of the former marriage,
who is to fucceed to her eftate, the hufband has no
right to the courtefy while fuch child is alive ; fo that
the courtefy is due to the hufband, rather as father to
an heir, than as hufband to an heirefs. Heritage is
here onpofed to conqueft ; and fo is to be underftoed
only of the heritable rights to which the wife fucceed-
ed as heir to her anceftors, excluding what flie herfelf
had acquired by fingular titles.
29. Becaufe the huftiand enjoys the liferent of his
wife’s whole heritage, on a iterative title, he is con-
ftdered as her temporary reprefentative ; and fo is liable
in payment of all the yearly burdens chargeable on the
fubjeft, and of the current interett of all her debts,
real and perfonal, to the value of the yearly rent he
enjoys by the courtefy. The courtefy needs no folem-
nity to its conftitution: That right which the hufband
had to the rents of his wife’s eftate during the marriage,
jure mar it i, is continued with him after her death, un¬
der the name of courtefy, by an ad of the law itfelf.
As in the terce, the hufband’s feifin is the ground and
meafure of the wife’s right; fo in the courtely, the
wife’s feifin is the foundation of the hufband’s; and the
two rights are, in all other refpeds, of the fame nature;
if it is not that the courtefy extends to burgage hold¬
ings, and to luperiorities.
30. All liferenters muft ufe their right falva rei fub-
fantia : whatever therefore is part of the fee itfelf,
cannot be encroached on by the liferenter, e. g. woods
or growing timber, even for the neceffary ufes of the
life rented tenement. But, where a coppice or f/va
cerdua has been divided into hags, one of which wras in
ufe to be cut annually by the proprietor, the liferenter
may continue the former yearly cuttings ; becaufe thefe
are confidered as the annual fruits the fubjed was in¬
tended to yield, and to the proper fubjed of a liferent.
31. Liferenters are bound to keep the fubjed life-
rented in proper repair. They are alfo burdened with
the alimony of the heir, where he has not enough for
maintaining himfelf. The bare right ot apparency
founds
^1C CElie referred to, when treating of the efteds of the diffolution of marriage within the year with¬
out a living child, and where no fpecial provifions had been granted to, or accepted by, the widow ; fhe did
not demand her /eya/ provifions of teree or jus relidlce, but merely infifted, that as widow flie was entitled to be
alimented out of the heritable eftate of which her hufband died poffeffed : So that the decifion in that cafe can-
,5,ot. io Properly be faid to be. an alteration in the law, as an equitable interpofition of the court of feflion in
their.capacity as a court of equity, in order to grant a fubfiftence to the widow of a man whofe eftate waS Lilly
iufbcient, and who, it could not reafonably be prefumed, would have inclined that his widow fhould be left
deltitute, when his eftate went perhaps to a diftant feries of heirs.
656 L A
Lawtif founds the a£Kon againfl the liferenter. It is a burden
, Scotland. perfonal to the liferenter himfelf, and cannot be thrown
upon his adjudging creditors as coming in his place
by their diligences. Liferenters are alfo fubje&ed to
the payment of the yearly ceffes, ftipends, &c. falling
due during their right, and to all other burdens that
attend the fubjeft liferented.
3 2. Liferent is extinguifhed by the liferenter’s death.
That part of the rents which the liferenter had a pro¬
per right to, before his death, falls to his executors j
the reft, as never having been in bonis of the deceafed,
goes to the fiar. Martinmas and Whitfunday are, by
our cuftom, the legal terms of the payment of rent:
confequently, if a liferenter of lands furvives the term
of Whitfunday, his executors are entitled to the half
of that year’s rent, becaufe it was due the term before
his death 5 and if he furvives the term of Martinmas,
they have right to the whole. If the liferenter, being
in the natural poffeftion, and having firft fowed the
ground, (hould die, even before Whitfunday, his execu¬
tors are entitled to the whole crop, in refpeft that both
feed and induftry were his. In a liferent of money
conftituted by a moveable bond, the executors have a
right to the intereft, down to the very day of the life-
renter’s death, where no terms are mentioned for the
payment thereof} but in the cafe of an heritable bond,
or of a money liferent fecured on land, the interefts of
liferenter and fiar (or of heir and executor, for the
fame rules ferve to fix the interefts of both) are both
governed by the legal terms of land rent, without re¬
gard to the conventional.
Sect. X. Teinds.
clxxi.
Teinds. 1. Teinds, or tithes, are that liquid proportion of our
rents or goods, which is due to churchmen, for per¬
forming divine fervice, or exercifing the other fpiri-
tual fun&ions proper to their feveral offices. Moft of
the canonifts affirm, that the precife proportion of a
tenth, not only of the fruits of the ground, but of what
is acquired by perfonal induftry, is due to the Chriftian
clergy, of divine right, which they therefore call the
proper patrimony of the church ; though it is certain that
tithes, in their infancy, rvere given, not to the clergy
alone, but to lay-monks who were called pauperes, and
to other indigent perfons. Charles the Great was the
firft fecular prince who acknowledged this right in the
church. It appears to have been received with us, as
far back as David I.
2. The perfon employed by a cathedral church or
monaftery to lerve the cure in any church annexed
was called a vicar, becaufe he held the church, not in
his own right, but in the right or vice of his employ¬
ers $ and fo was removeable at pleafure, and had no
{hare of the benefice, other than what they thought fit
to allow him : but, in the courfe of time, the appella¬
tion of vicar was limited to thofe who were made per¬
petual, and who got a ftated {hare of the benefice for
their incumbency *, from whence arofe the diftinflion
of benefices into parfonages and vicarages.
3. Parfonage feinds are the teinds of com 5 and they
are fo called becaufe they are due to the parfon or
other titular of the benefice. Vicarage teinds are the
fmall teinds of calves, lint, hemp, eggs, &c. which
were commonly given by the titular to the vicar who
W. Part III.
ferved the cure in his place. The firft fort was univer- Law of
fally due, unlefs in the cafe of their infeudation to laics, Scotland.^
or of a pontifical exemption ; but by the cuftoms of
almoft all Chriftendom, the leffer teinds were not de¬
manded where they had not been in ufe to be paid.
By the practice of Scotland, the teinds of animals, or
of things produced from animals, as lambs, wool, calves,
are due though not accuftomed to be paid ; but roots,
herbs, &c. are not tithable, unlefs ufe of payment be
proved: neither are perfonal teinds (i. e. the tenth of
what one acquires by his own induftry) acknowledged
by our law : yet they have been found due, when fup-
ported by 40 jears poffeffion.
4. The parfon -who was entitled to the teind of corns,
made his right effeftual, either by accepting of a cer¬
tain number of teind bolls yearly from the proprietor
in fatisfadlion of it; or, more frequently by drawing or
feparating upon the field his own tenth part of the corns,
after they were reaped, from the ftock or the remain¬
ing nine-tenths of the crop, and carrying it off to his
own granaries \ which is called drawn teind.
5. After the Reformation, James VI. confidered him-Annexation
felf as proprietor of all the church lands $ partly be- ^
caufe the purpofes for which they had been granted crown>
were declared fuperftitious j and partly, in confequence
of the refignations which he, and Queen Mary his mo¬
ther, had procured from the beneficiaries : and even as
to the teinds, though our reformed clergy alfo claimed
them as the patrimony of the church, our fovereign
did not fubmit to that doftrine farther than extended
to a competent provifion for minifters. He therefore
erefled or fecularized feveral abbacies and priories into
temporal lordfhips $ the grantees of which were called
fometimes lords of ere&ion, and fometimes titulars, as
having by their grants the fame title to the ere&ed
benefices that the monafteries had formerly.
6. As the crown’s revenue fuffered greatly by thefe
ereftions, the temporality of all church benefices (i. e.
church lands) was, by 1587, c. 29. annexed to the
crown. That ftatute excepts from the annexation fuch
benefices as were eftabliftied before the Reformation in
laymen, whofe rights the legiflature had no intention
to weaken. Notwithftanding this ftatute his majefty
continued to make farther ere&ions, which were de¬
clared null by 1 1192, c. 119. with an exception of fuch
as had been made in favour of lords of parliament
fince the general aft of annexation in 1587.
7. King Charles I. foon after his fucceffion, raifed a
reduftion of all thefe ereftions, whether granted before
or after the aft of annexation, upon the grounds men¬
tioned at length by Mr Forbes in his Treatife of Tithes,
p. 259. At laft the whole matter was referred to the
king himfelf by four feveral fubmiffions or compromi-
fes 5 in which the parties on one fide were the titu¬
lars and their tackfinen, the biihops wfith the inferior
clergy, and the royal boroughs, for the intereft they
had in the teinds that were gifted for the provifion of
minifters, fchool, or hofpitals wfithin their boroughs j
and, on the other part, the proprietors who wanted to
have the leading of their own teinds. The fubmiffion
by the titulars contained a furrender into his majeity’s
hands of the fuperiorities of their feveral ereftions.
8. Upon each of thefe fubmiffions his majefty pro-^3^^”
ncunced feparate decrees arbitral, dated Sept. 2. 1629. 1
which are fubioined to the afts of parliament of his reign.
He
Chap. II. L A W.
He made it lawful to proprietors to fue the titulars for ing the tenant’s houfes, becaufe
g57
a valuation* &nd if they thought fit for a fale alfo, of
their teinds, before the commiflioners named or to be
named for that purpofe. The rate of teind, when it wras
pofieffed by the proprietor jointly with the flock, for
payment of a certain duty to the titular, and fo did not
admit a feparate valuation, was fixed at a fifth part of
the conftant yearly rent, which was accounted a rea-
{<mab\e furrogatum, in place of a tenth of the increafe.
Where it was drawn by the titular, and confequently
might be valued feparately from the flock, it was to
be valued as its extent ftiould be afcertained, upon a
proof before the commiflioners 5 but in this laft valua¬
tion, the king dire&ed the fifth part to be deduced
from the proved teind, in favour of the proprietor,
which was therefore call the kijig's eafe. The pro¬
prietor fuing for a valuation gets the leading of his
owm teinds as foon as his fuit commences, providing he
does not allow proteftation to be extracted againft him
for not infifting.
9. Where the proprietor infilled alfo for a fale of his
teinds, the titular was obliged to fell them at nine years
purchafe of the valued teind duty. If the purfuer had
a tack of his own teinds, not yet expired $ or if the
defender was only tackfman of the teinds, and fo could
not give the purfuer an heritable, right *, an abatement
of the price was to be granted accordingly by the com¬
miflioners.
10. There is no provifion in the decrees arbitral, for
felling the teinds granted for the fuftentation of mini-
fters, univerfities, fchools, or hofpitals j becaufe thele
were to continue, as a perpetual fund, for the mainte¬
nance of the perfons or focieties to w hom they were
appropriated j and they are exprefsly declared not fub-
je£l to fale, by 1690, c. 30.—1693,0. 23. Ey the laft:
of thefe a£ls, it is alfo provided, that the teinds be¬
longing to bilhops, which had then fallen to the crown
upon the aboliftiing of Epifcopacy, Ihould not be fub-
je£l to fale as long as they remained with the crown
not difpofed of j nor thofe wThich the proprietor, w’ho
had right both to flock and teind, referved to bimfelf
in a fale or feu of the lands. Eut, though none of
thefe teinds can be fold, they may be valued.
'King’sright 11 * The king, by the decrees arbitral, declared his
to the fupe-ovvn right to the fuperiorities of ereflion which had
been refigned to him by the fubmiflion, referving to
the titulars the feu duties thereof, until payment by
himfelf to them of 1000 roeiks Scots for every chal-
der of feu visual, and for each too merks of feu du¬
ty 5 wdiich right of redeeming the feu duties was af¬
terwards renounced by the crowm. If the church vaf-
fal ftiould confent to hold his lands of the titular, he
cannot thereafter recur to the crown as his immediate
fuperior.
12. In explaining what the conftant rent is by
which the teind muft be valued, the following rules
are obferved. The rent drawn by the proprietor
from the fale of fubjefts, that are more properly parts
of the land than of the fruits, e. g. quarries, minerals,
mofles, &c. is to be deduced from the rental of the
lands 5 and alfo the rent of fupernumerary houfes,
over and above what is neceflary for agriculture $ and
the additional rent that may be paid by,.the tenant,
in confideration of the proprietor’s' undertaking any
burden that law impofes on the tenant, g. uphold-
Vol. XI. Part II.
Law of
Scotland.
riorities of
ereiflion.
Rules er
fixing the
rent in the
valuation of
tcxnds.
ie of thefe ar¬
ticles are paid properly on account of the fruits. Or-  
chards muft alfo be dedudled, and mill rent, becaufe
the profits of a mill arife from induftry j and the corns
manufadlured there fuffer a valuation as rent payable by
the tenant, and therefore ought not to be valued a fe-
cond time againft the titular as prill rent. The yearly
expence of culture ought not to be deducted : for no
rent can be produced without it: but, if an improvement
of rent is made at an uncommon expence, e. g. by
drajning a lake, the proprietor is allowed a reafonable
abatement on that account.
13. Notwithftanding the feveral ways of mifapply-Teinds re-
ing parochial teinds in the times of Popery, fome few^eema^^e»
benefices remained entire in the hands of the parfons. c‘
The minifters planted in thefe, after the Reformation,
continued to have the full right to them, as proper be¬
neficiaries : but a power was afterwards granted to the
patron, to redeem the whole teind from luch benefici¬
aries, upon their getting a competent ftipend modi¬
fied to them 5 which teind fo redeemed, the patron is
obliged to fell to the proprietor, at fix years purch&fe.
14. Some teinds are more direftly fubjeft to an al¬
location for the minifter’s flipend than others. The
teinds in the hands of the lay titular fall firft to be
allocated, who, fince he is not capable to ferve the
cure in his own perfon, ought to provide one who
can 5 and if the titular, in place of drawing the teind,
has fet it in tack, the tack duty is allocated : this fort
is called free teind. Where the tack duty, which is
the titular’s intereft in the teinds, falls ftiort, the tack
itfelf is burdened, or, in other words, the furplus
teind over and above the tack duty : but, in this cafe,
the commiflioners are empowered to recompenfe the
tackfman, by prorogating his tack for fuch a number
of years as they lhall judge equitable. Where this
likewife proves deficient, the allocation falls on the
teinds heritably conveyed by the titular, unlefs he
has warranted his grant againft future augmentations ;
in which cafe, the teinds of the lands belonging in
property to the titular himfelf muft be allocated in tire
firft place.
] 5. Where there is fufticiency of free teinds in a
parilh, the titular may allocate any of them he fhall
think fit for the minifter’s ftipend, fincc they are all
his own •, unlefs there has been a previous decree of lo¬
cality : and this holds, though the ftipend fhould have
been paid immemorially out of the teinds of certain
particular lands. This right was frequently abufed by
titulars, who, as foon as a proprietor had brought an
aflion of fale of his teinds, allocated the purfuer’s
full teind for the ftipend, w'hereby fuch affion became
ineffe£tual 5 it was therefore provided, that after cita¬
tion in a fale of teinds, it fhall not be in the titular’s
power to allocate the purfuer’s teinds folely, but only
in proportion with the other teinds in the parilh.
16. Minifters glebes are declared free from the pay- Minifters
ment of teind. Lands cum decimis inclujis are alfo ex-glebes, &ef
empted from teind. But in order to exempt lands £xernl>tfc*
from payment of teind, it is neceffary that the pro- 10m e!n
prietor prove his right thereto, cum decimis inclujix, as
far back as the above adl of annexation 1587.
17. Teinds are debita fruBuum, not fundi. The ac¬
tion therefore for bygone teinds is. only perfonal,
againft thofe who have intermeddled, unlefs where the
>4 O titular
65 8
Law of
Scot'and.
Inhibition
of teinds.
clxxli.
Diligences,
l' inhibition.
L A
titular is infeft in the lands, in fecurity of the valued
teind duty. Where a tenant is, by his tack, bound
to pay a joint duty to the landlord for dock and teind,
without diftinguiftiing the rent of each, his defence of
a bona fide payment of the whole to the landlord has
been fuftained in a fuit at the inftance of a laic titular,
but repelled where a churchman was purfuer. In both
cafes the proprietor who receives fuch rent is liable as
intermeddler.
18. In tacks of teinds, as of lands, there is place
for tacit relocation : to flop the effeft of which, the
titular muft obtain and execute an inhibition of teinds
again!! the tackfman j which differs ranch from inhibi¬
tion of lands (explained under the next feftion), and
is intended merely to interpel or inhibit the tackfman
from farther intermeddling. This diligence of inhibi¬
tion may alfo be ufed at the fuit of the titular, again!!
any other poffeffor of the teinds *, and if the tackfman
or poffeffor fhall intermeddle after the inhibition is ex¬
ecuted, he is liable in a fpuilzie.
19. Lands and teinds pafs by different titles : a dif-
pont.on of lands, therefore, though granted by one
who has alfo right to the teind, will not carry the teind,
unlefs it {hall appear from fpecial circumflances that a
fale of both was defigned by the parties. In lands cum
decimis tnciufis, where the teinds are confolidated with
the flock, the right of both muft neceffarily go together
in all cafes.
Sect. XI. Ofi Inhibitions.
1. The conftitution and tranfmiffion of feudal rights
being explained, and the burdens with which they
are chargeable, it remains to be confidered how thefe
rights may be affefted at the fuit of creditors by legal
diligence. Diligences are certain forms of law, where¬
by a creditor endeavours to make good his payment,
either by affefling the perfon of his debtor, or by fe-
curing the fubjecls belonging to him from alienation,
or by carrying the property of thefe fubjeffs to him-
felf. They are either real or perfonal. Real diligence
is’that-which is proper to heritable or real rights;
perfonal, is that by which the perfon of the debtor
may be fecured, or his perfonal eftate affefled. Of
the firft fort we have twro, viz. inhibition and adjudi¬
cation.
2. Inhibition is a perfonal prohibition, which paffes
by letters under the fignet, prohibiting the party inhi¬
bited to contrad! any debt, or do any deed, by which
any part of his lands may be aliened or carried off in
prejudice of the creditor inhibiting. It muft be exe¬
cuted again!! the debtor, perfonally, or at his dwell¬
ing houfe, as fummonfes, and thereafter publilhed and
regiftered in the fame manner with interdictions, (fee
N° clxxxiii. 21.)
3. Inhibition may proceed, either upon a liquid
obligation, or even on an aCtion commenced by a cre¬
ditor for making good a claim not yet fuftained by
the judge ; which laft is called inhibition upon a depend¬
ing aBi n. The fummons, which conftitutes the de¬
pendence, muft be executed again!! the debtor before
the letters of inhibition pafs the fignet; for no !uit
can be faid to depend again!! one till he be cited in
it as a defender : but the effeft of fuch inhibition is
fufpended till decree be obtained in the adiion again!!
w.
Part III.
the debtor ; and in the lame manner, inhibitions on Law < f
conditional debts have no efTeCI till the condition be Scotland.^
purified. Inhibitions are not granted, without atrial^
of the caufe, when they proceed on conditional debts.
And though, in other cafes, inhibitions now pafs of
courfe, the lords are in ufe to ftay, or re al them, ei¬
ther on the debtor’s fhowing canfe why the diligence
ffrould not proceed, or even ex officio where the ground
of the diligence is doubtful.
4. Though inhibitions, by their uniform ftyle, dif-Limited ta
able the debtor from felling his moveable as well aS^entaSe’
his heritable eftate, their effect has been long limited
to heritage, from the interruption that fuch an em¬
bargo upon moveables muff have given to commerce ;
fo that debts contracled after inhibition may be the
foundation of diligence again!! the debtor’s perfon and
moveable eftate. An inhibition fecures the inhibitor
again!! the alienation, not only of lands that belonged"
to his debtor when he was inhibited, but of thofe that
he !hall afterwards acquire : but no inhibition can ex¬
tend to fuch after-purchafes as lie in a jurifdidlion
where the inhibition was not regiffered ; for it could
not have extended to thefe through they had been made
prior to the inhibition.
5. This diligence only ftrikes again!! the voluntary
debts or deeds of the inhibited perfon : it does not re- *
ftrain him from granting neceffary deeds, i. e. fuch as
lie was obliged to grant anterior to the inhibition,
fince he might have been compelled to grant thefe be¬
fore the inhibitor had acquired any right by his dili¬
gence. By this rule, a w-adfetter or annualrenter
might, after being inhibited, have effectually renoun¬
ced his right to the reverfer on payment, becaufe law
could have compelled him to it ; but to fecure inhibi¬
tors again!! the effeC! of fuch alienations, it is declared
by aft of federunt of the court of feftion, Feb. 19.
1680, that, after intimation of the inhibition to the
reverfer, no renunciation or grant of redemption lhall
be fuftained, except upon declarator of redemption
brought by him, to wThich the inhibitor muft be made
a party.
6. An inhibition is a diligence limply prohibitory, Is fimply
fo that the debt, on which it proceeds, continues per-prohffk01'?*
fonal after the diligence ; and confequently, the inhi¬
bitor, in a queftion with anterior creditors whofe debts
are not ftruck at by the inhibition, is only preferable
from the period at which his debt is made real by ad¬
judication : and where debts are contrafted on herit¬
able fecurity, though pofterior to the inhibition, the
inhibitor’s debt, being perfonal, cannot be ranked with
them ; he only draw's back from the creditors ranked
the fums contained in his diligence. The heir of the
perfon inhibited is not reftrained from alienation by
the diligence ufed again!! his anceftor; for the prohi¬
bition is perfonal, affefting only the debtor again!!
whom the diligence is ufed.
7. Inhibitions do not of themfelves make void the
pofterior debts or deeds of the peri’on inhibited ; they
only afford a title to the ufer of the diligence to fet
them afide, if he finds them hurtful to him : and even
where a debt is aftually reduced ex capite inhibition is,
fuch reduftion, being founded folely in the inhibitor’s
intereft, is profitable to him alone, and cannot alter the
natural preference of the other creditors.
8. Inhibitions may be reduced upon legal nullities Purging
OTfmgu,h,bm™-< -
Chap. II. ^ A
Law of arifing either from the ground, of debt or the form of
Scotland, diligence. When payment is made by the debtor to
^ the inhibitor, the inhibition is faid to be purged. Any
creditor, whofe debt is ftruck at by the inhibition,
may, upon making payment to the inhibitor, compel
him to affign the debt and diligence in his favour, that
he may make good his payment the more effedtaally
againfl: the common debtor.
Sect. XII. Of Cornprijinvs, Adjudications, and judicial
Sales.
ckxii. i. Heritable rights may be carried from the debtor to
the creditor, either by the diligence of appraifing (now
adjudication), or by a judicial fcale carried on before
Appraifing. the court of fefiion. Appraifing, or comprifing, was
the fentence of a fheriff, or of a meflenger who was
fpecially conftituted fheriff for that purpofe, by which
the heritable rights belonging to the debtor were fold
for payment of the debt due to the appraifer ; fo that
appraifings were, by their original conflitution, proper
fales of the debtor’s lands to any purchafer who of¬
fered. If no purchafer could be found, the fherift was
to appraife or tax the value of the lands by an inquefl
(whence came the name of appraifing'), and to make
over to the creditor lands to the value of the debt. A
full hiflory of appraifings will be found in the begin¬
ning of Mr Erlkine’s large Injlitute under this title ; it
being confidered as wnneceffary to enter into a deduc¬
tion now no longer neceffary, as by the aft 1672 adju¬
dications were fubftituted in their place.
2. That creditors may have accefs to affeft the eflate
of their deceafed debtor, though the heir fhould Hand
off from entering, it is made lawful (by 1540, c. 106.)
for any creditor to charge the heir of his debtor to en¬
ter to his ancellor (year and day being pail after the
anceftor’s death), within 40 days after the charge ; and
if the heir fails, the creditor may proceed to appraife
his debtor’s lands, as if the heir had been entered. Cu-
flom has fo explained this flatute, that the creditor
may charge the heir, immediately after the death of
his anceftor, provided that the fummons which is to be
founded on the charge be not railed till after the ex¬
piry both of the year and of the 40 days next enfuing
the year, within which the heir is charged to enter.—
But this ftatute relates only to fuch charges on which
appraifing is to be led againft the anceftor’s land 5 for
jn tbofe which are to be barely the foundation of a
common fummons or procefs againft the heir, aftion
will be fuftained if the year be elapfed from the
anceftor’s death before the execution of the fummons,
though the 40 days fliould not be alfo expired. Though
the ftatute authorifes fuch charges againft majors only,
praftice has alfo extended it againft minors, and the
rule is extended to the cafe where the heir is the
debtor. One muft, in this matter, diftinguifh between
a general and a fpecial charge. A general charge
ferves only to fix the reprefentation of the heir who is
charged, fo as to make \he debt his which was for¬
merly his anceftor’s: but a fpecial charge makes up
lor the want of a fervice (N° clxxx. 2.5.) ; and ftates
the heir, fShone juris, in the right of the fubjefts to
which he is charged to enter. Where, therefore, the
heir is the debtor, a general charge for fixing the re-
prefentation againft him is unneceffary, fince the only
W. _ 659
concern of the creditor is, that his debtor make up titles or
to the anceftor’s eftate, which is done by a fpecial charge:
but tvhere the deceafed wras the debtor, the creditor
muft; firft charge his heir to enter in general, that it
may be known whether he is to reprefent the debtor :
if he does not enter within forty days, the debt may
be fixed againft him by a decree of conftitution j after
which the heritable rights belonging to the anceftor
will fall to be attached ; in doing which, the diligence
to be ufed is different, according to the ftate of the
jities in the anceftor’s perfon : for if the anceftor ftcoi
hefted by infeftirrent, the heir muft be charged to en¬
ter heir in fpecial ; but if the anceftor had but a per-
fonal right to the fubjefls (d. e. not perfected by fei-
fin), which would have been carried to the heir by a
general fervice, then what is called a general fpecial
charge muft be given to the heir. Thefe charges ei¬
ther fpecial or general fpecial, as the circumftances of
the cafe may require, are by the ftatute 1540 made
equivalent to the heir’s aiftual entry ; and therefore an
adjudication led after the inductee of the charges are
elapfed, effeftudlly carries to the creditor the fubjefls
to which the heir w'as charged to enter.
3. Appraifings in courfe of time underwent many Adjudica-
changes in their form and effedl, till at length, by a61tl0ris*
1672, c. 19. adjudications w’ere fubftituted in their
place, and are carried on by way of adlion before the
court of fefiion. By that ftatute, fuch part of the
debtor’s lands is to be adjudged as is equivalent to the
principal fum and intereft of the debt, with the compo-
lition due to the fuperior and expences of infeftment,
and a fifth part more in refpeft the creditor is obliged
to take land for his money. The debtor muft deliver
to the creditor a valid right of the lands to be ad¬
judged, or tranfumpts thereof, renounce the poffefTion
in his favour, and ratify the decree of adjudication :
and law confiders the rent of the houfes as precifely
commenfurated to the intereft of the debt; fo that
the adjudger lies under no obligation to account for
the furplus rents. la this, which is called a fpecial
adjudication, the legal, or time within which the debtor
may redeem, is declared to be five years ; and the cre¬
ditor attaining poffeflion upon it can ufe no farther ex¬
ecution againft the debtor, unlefs the lands be evifted
from him.
4. Where the debtor does not produce a fufficient
right to the lands, or is not willing to renounce the
poffefiion, and ratify the decree (which is the cafe
that has moft frequently happened), the ftatute makes
it lawful for the creditor to adjudge all right belong¬
ing to the debtor in the fame manner, and under the
fame reverfion of ten years, as he could, by the former-
laws have appraifed it. In this laft kind, which is
called a general adjudication, the creditor muft limit
his claim to the principal fum, intereft, and penalty,
■without demanding a fifth part more. But no general
adjudication can be infifted on, without libelling in the
fummons the other alternative of a fpecial adjudica¬
tion ; for fpecial adjudications are introduced by the
ftatute in the place of appraifings ; and it is only where
the debtor refufes to comply with the terms thereof,
that the creditor can lead a general adjudication.
5. Abbreviates are ordained to be made of all ad¬
judications, which muft be recorded within 60 days
after the date of the decree. In every other refpeft,
4 O 2 general
66o L A
of general adjudications have the fame effects that appraif-
ings had : adjudgers in pofl'eflion are accountable for
the furplns rents j a citation in adjudications renders
the fubjeft litigious j fuperiors are obliged to enter ad¬
judgers ; the legal of adjudications does not expire
during the debtor’s minority, &c. Only it may be ob-
ferved, that though apprailings could not proceed be¬
fore the term of payment, yet where the debtor is ver-
gens ad inopiam, the court ex nobili officio admit adjudi¬
cation for the debt before it be payable. But this fort
being founded folely in equity, fubfifts merely as a fe-
curity, and cannot carry the property to the creditor by
the lapfe of any length of time.
Two kinds g. There are two kinds of adjudication, which took
tions^U 1Ca"P^ace a* t^le fame time with appraifings, and ftill ob¬
tain j viz. adjudications on a decree cognitionis caufa,
otherwife called contra hcercditatem jacentem ; and adju¬
dications in implement. Where the debtor’s apparent
heir, who is charged to enter, formally renounces the
fucceflion, the creditor may obtain a decree cognitionis
cavfa; in w'hich, though the heir renouncing is cited
for the fake of form, no fentence condemnatory can
be pronounced againft him, in refpe6f of his renuncia¬
tion ; the only effedt of it is to fubjeft the hereditas ja-
cens to the creditor’s diligence.
7. Adjudications contra hcereditatem jacentem, carry
not only the lands themfelves that belonged to the de*
ceafed, but the rents thereof fallen due fince his death ;
for thefe, as an accefl'ory to the eftate belonging to the
deceafed, would have defcended to the heir if he had
entered, which rule is applied to all adjudications led
on a fpecial charge. This fort of adjudication is de¬
clared redeemable within feven years, by any co-ad-
judging creditor, either of the deceafed debtor or of
the heir renouncing. The heir himfelf, who renounces,
cannot be reltored againft his renunciation, nor conse¬
quently redeem, if he be not a minor. But even a
major may redeem indirectly, by granting a ftmulate
bond to a confident perfon : the adjudication upon
which, when conveyed to himfelf, is a good title to
redeem all other adjudications againft the lands belong¬
ing to his anceftor.
8. Adjudications in implement are deduced againft
thofe who have granted deeds without procuratory of
refignation or precept of feifin, and refufe to diveft
themfelves •, to the end that the fubjedt conveyed may
be effectually veiled in the grantee. Thele adjudica¬
tions may be alfo directed againft the heir of the grant-
er, upon a charge to enter. Here there is no place
for a legal reverfion j for, as the adjudication is led for
completing the right of a fpecial fubjedl, it mull carry
that fubjeft as irredeemably as if the right had been
voluntarily completed.
9. All adjudications led within year and day of that
one which has been made firft effectual by feifin (where
feifin is neceffary), or exad! diligence for obtaining fei¬
fin, are preferable paripaffu. The year and day runs
from the date of the adjudication, and not of the fei¬
fin or diligence, for obtaining it. After the days of
that period, they are preferable according to their
dates. All the co-adjudgers within the year are pre-
?b\e paripa/Ju, as if one adjudication had been led
for all their debts. This makes the feifin or diligence
cn the firft adjudication a common right to the reft,
wjio muft therefore reftmd to the owner of that dili-
W. Part III.
gence his whole expence laid out in carrying on and L iw of
completing it. And though that firft adjudication Scotland,
fliould be redeemed, the diligence upon it ftill fublifts v
as to the reft. This pan pajfu preference, however,
does not deftroy the legal preference of adjudications
led on debita fundi (fee N° clxix. 15.) ; nor does it take
place in adjudications in implement.
A new fort of adjudication has been lately introdu¬
ced into the law of Scotland by the ail of the 23d
Geo. III. for rendering the payment of the creditors
of infolvent debtors more equal and expeditious. A-
mong the many other provifos in that ftatute for ex¬
pediting the payment of creditors, and leffening the
expence of diligence againft the debtor’s eftate, it is
enaited, That upon an order from the court of fefiion
or lord ordinary, the bankrupt ftiall be bound to exe¬
cute a diipofition or difpofitions, making over to the
truflee or truftees chofen by the creditors the whole
eftate real and perfonal, wherever fituated j and in cafe
of the bankrupt’s refufal, or of the order not being
complied with from any other reafon, the court or the1
lord ordinary fhall, upon the application of the truftee,
iffue an ail or decree, adjudging the property of the
whole fequeftrated eftate to be in the truftee for behoof
of the creditors j which ftrall have the fame effeil as if
the bankrupt had executed the conveyance: and by
a fubfequent claufe in the ftatute, it is enaited, that
this difpofition of the heritable eftate, together with
the order of the court or lord ordinary on which it
proceeds, or failing thereof, the decree of adjudication
of the court or the lord ordinary, (hall within 60 days
of the date thereof be regiftered in the regifter of ab¬
breviates of adjudications j and lhall have the effeil to
entitle the truftee for behoof of the whole creditors to
rank in the fame manner upon the heritable eftate as
if it had been a proper decree of adjudication, obtain¬
ed at the date of the interlocutor awarding the fequef-
tration 5 accumulating the whole debts, principal and
intereft, as at that period, and adjudging for fecurity
or payment thereof, fo as to rank paripaffit with any
prior effeilual adjudication, and within year and day '
of the fame. By this ail alfo, in order to leffen the
number of adjudications, and Confequently the expence
upon a bankrupt eftate, it is declared, that intimation
lhall be made of the firft adjudication which is called,
fo as all creditors who are in readinefs may, within
fuch a reafonable time as may be allowed, not exceed¬
ing twenty federunt days, produce their grounds of
debt, and be conjoined in the decree to follow on faid
firft adjudication. At the fame time it may be proper
to mention, that this a61 is only temporary j and after
eight years experience, will probably fuffer very confi-
derable alterations, when it lhall become neceffary to
digeft another bankrupt law for Scotland.
10. Before treating of judicial fales of bankrupts
eftates, the nature of fequejlration may be Ihortly ex-tion.
plained, which is a diligence that generally ulhers in
adlions of fale. Sequeftration of lands is a judicial a£t
of the court of fefiion, whereby the management of an
eftate is put into the hands of a fadlor or lleward named
by the court, who gives fecurity, and is to be account¬
able for the rents to all having intereft. This diligence
is competent, either where the right of the lands is
doubtful, if it be applied for before either of the com¬
petitors has attained poffefilon, or wThere the eftate is
heavily
Chap.
Law of
Scotland
Sale of
bankrupt
eftates.
n. . . L A
heavily charged with debts: but, as it is an unfa¬
vourable diligence, it is not admitted, unlefs that mea-
^ fure fhall appear neceffary for the fect^rity of creditors.
Subje&s not brought before the court by the diligence
of creditors, cannot fall under fequeftration •, for it is
the competition of criditors which alone founds the
jurifdiaion of the court to take the difputed fubjett
into their poffeffiort.
ii. The court of feflion who decrees the fequeftra¬
tion has the nomination of the fa&or, in which they
are diredfted by the recommendation of the creditors.
A faflor appointed by the feflion, though the proprie¬
tor had not been infeft in the lands, has a power to re¬
move tenants. Judicial faftnrs muft, within fix months
after extracting their faClory, make up a rental of the
eftate, and a lift of the arrears due by tenants, to be
pu* into the hands of the clerk of the^procefs, as a
charge again!! themfelves, and a note of fuch altera¬
tions in the rental as may afterwards happen : and muft
alfo deliver to the clerk annurdly a fcheme of their ac¬
counts, charge and difcharge, under heavy penalties.
They are, by the nature of their office, bound to the
fame degree of diligence that a prudent man adhibits
in bis own affairs ; they are accountable for the inte-
reft of the rents, which they either have, or by dili¬
gence might have, recovered, from a year after their
falling due. As it is much in the power of thofe fac¬
tors to take advantage of the neceflities of creditors, by
purchafmg their debts at an undervalue, all fuch pur-
clnfes made either by the fa£!or himfelf, c>r to his be¬
hoof, are declared equivalent to an acquittance or ex¬
tinction of the debt. No faClor can warrantably pay
to any creditor, without an order of the court of fef-
fion for he is, by the tenor of his commiftion, di¬
rected to pay the rents to thofe who (hall be found to
have the belt right to them. Judicial faCtors are en¬
titled to a falary, which is generally ftated at five per
cent, of their intromiftions : but it is feldom afcertained
till their office expires, or till their accounting •, that
the court may modify a greater or fmaller falary, or
none, in proportion to the faCtor’s integrity and dili¬
gence. Many cafes occur, where the court of feifion,
without fequeftration, name a faCtor to preferve the
rents from perifhing } e. g. where an heir is deliberat¬
ing whether to enter, where a minor is without tu¬
tors, where a fucceffion opens to a perfon refiding
abroad ; in all which cafes the faCtor is fubjeCted to the
rules laid down in aCt of federunt, Feb. 13. 1730.
As to fequeftrations under the bankrupt aCt before
recited, the reader muft neceffarily be referred to the
act itfelf; for being only temporary, as before men¬
tioned, it feems quite inconfiftent with the plan of this
work to enter into a minute detail of the difterent re¬
gulations thereby laid dowm in cafes of fequeftration
under it.
1 2. The word bankrupt is fometimes applied to per-
fons whofe funds are not fufficient for their debts •, and
fometimes, not to the debtor, but to his eftate. ihe
court of feflion are empowered, at the luit of any real
creditor, to try the value of a bankrupt’s eftate, and
fell it for the payment of bis debts.
1 q. No procefs of fale, at the fuit of a creditor, can
proceed without a proof of the debtor’s bankruptcy, or
at leaft that his lands are fo charged with debts that
no prudent perfons will buy from him 3 and therefore
W. 661
the fummons of fale muft comprehend the debtor’s Law of
whole eftate. The debtor, or his apparent heir, and g
all the real creditors in poffeflion, muft- be made par¬
ties to the fuit 3 but it is fufficient if the other credi¬
tors be called by an ediital citation. The fummons of
fale contains a conclufion of ranking, or preference of
the bankrupt’s creditors. In this ranking, firlt and fe-Ranking o.t
cond terms are affigned to the whole creditors for exhi¬
biting in court (or producing) their rights and dili¬
gences 3 and the decree of certification proceeding
thereupon, again!! the writings not produced, has the
fame effedt in favour of the creditors who have produ¬
ced their rights, as if that decree had proceeded upon
•an adtion of redudtion improbation. See N° clxxxiii. 3.
By the late bankrupt adt, the fale may precede tha
ranking of the creditors, unlefs the court, upon applica¬
tion of the creditors, or any of them, {hall find fufficient
caufe to delay the fale. The irredeemable property of
the lands is adjudged by the court to the higheft of¬
ferer at the faie. The creditors receiving payment
muft grant to the purchafer abfolute warrandice, to the
extent of the fum received by them 3 and the lands
purchafed are declared difburdened of all debts or deeds
of the bankrupt or his anceftors, either on payment of
the price by the purchafer to the creditors according to
their preference, or on confignation of it. By the adt
1695, purchafers were bound to confign the price in
the hands of the magiftrates of Edinburgh but by
§ 5. of the above adt, they may confign it in the Royal
Bank or Bank of Scotland. The only remedy pro¬
vided to fuch creditors as judge themfelves hurt by the
fale or divifion of the price, even though they ftiould
be minors, is an adtion for recovering their (hare of the
price again!! the creditors who have received it.
14. The expence of thefe proceffes is difburfed by
the fadtor out of the rents in bis bands ; by which the
whole burden of fuch expence falls upon the pofterior
creditors.
15. Apparent heirs are entitled to bring adtions
fale of the eftates belonging to their anceftors, whe¬
ther bankrupt or not 3 the expence of which ought to
fall upon the purfuer, if there is any excrefcence of the
price, after payment of the creditors : but if there be
no excrefcence, the creditors, who alone are gainers by
the fale, ought to bear the charge of it.
16. As proceffes of ranking and fale are defigned
for the common intereft of all the creditors, no dili¬
gence carried on or completed during their pendency
ought to give any preference in the competition ; pen¬
dente lite, nihil innovandum.
17. It is a rule in all real diligences, that where a
creditor is preferable on feveral different fubjedts, he
cannot ufe his preference arbitrarily, by favouring one
creditor more than another ; but muft allocate his uni-
verfal or catholic debt proportionally again!! all the
fubjedts or parties whom it affedts. If it is material to
fuch creditor to draw his whole payment out or any
one fund, he may apply his debt fo as may belt fecure
himfelf: but that inequality wall be redtified as to the
pofterior creditors, who had likewife by their rights
and diligences, affedted the fubjedts out of which he
drew his payment, by obliging him to aflign in their
favour his right upon the feparate fubjedts which he
did not ufe in the ranking 3 by which they may recur*
again!! thefe feparate fubjedts for the lhares which the
debt
66 a LA
Law of debt preferred might have drawn out of them. As the
otianch obligation to affign is founded merely in equity, the
catholic creditor cannot be compelled to it, if this af-
ligning dial] weaken the preference of any feparate debt
vefted in himfelf, affe&ing the fpecial fubjedi fought to
be adigned. But if a creditor upon a fpecial fubjeft
lhall acquire from another a catholic right, or a cath®-
lic creditor fhall purchafe a debt affecting a fpecial fub-
jeiff, with a view of creating to the fpecial debt a high¬
er degree of preference than was naturally due to it,
by an arbitrary application of the catholic debt, equity
cannot protect him from aligning in favour of the cre¬
ditor excluded by fuch application, elpecially if, prior
to the purchafe, the fubjedt has become litigious by
the procefs of ranking.
II. MOVEABLE RIGHTS.
The law of heritable rights being explained, Move-
able Rights fall next to be confidered ; the dodfrine of
which depends chiefly on the nature of obligations.
Sect. XIII. Of Obligations and Contrails in General.
clxxiii. obligation is a legal tie, by which one is bound
.iga .on. ^ pay or perform fomcthing to another. Every obli¬
gation on the perfon obliged implies an oppofite right
in the creditor, fo that what is a burden in regard to
the one is right with refpedt to the other j and all rights
founded on obligation are called perfonal. There is
this effential difference between a real and a perfonal
right, that a jus in re, whether of property, or of an
inferior kind, as fervitude, entitles the perfon vefted
with it to poffefs the fubjedt as his own *, or if he is not
in poffeftion, to demand it from the poffeffors : tvhere-
as the creditor in a perfonal right has onlyad rem,
or a right to compel the debtor to fulfil his obligation j
without any right in the fubjedt itfelf, which the debt-
of is bound to transfer to him. One cannot oblige
himfeif, but by a prefent adl of the will. A bare refo-
lution, therefore, or purpofe, to be obliged, is alterable
at pleafure.
.itivifion of 2. Obligations are either, ( i.) Merely natural, where
obligations. one perfon ;s bound to another by the law of nature,
but cannot be compelled by any civil adl ion to the per¬
formance. Thus, though deeds granted by a minor
having curators, -without their confent, are null, yet
the minor is naturally obliged to perform fuch deeds j
and parents are naturally obliged to provide their chil¬
dren in reafonable patrimonies. Natural obligations
entitle the creditor to retain what he has got in vir¬
tue thereof, without being fubjedted to reftore it.
(2.) Obligations are merely civil, which may be fued
upon by an adtion, but are elided by an exception in
equity this is the cafe of obligations granted through
force or fear, &c. (3.) Proper or full obligations, are
thofe which are fupported both by equity and the civil
fandlion.
3. Obligations may alfo be divided into, (1.) Pure,
to which neither day nor condition is adjedfed. Thefe
may be exacted immediately. (2.) Obligations (ex
die), which have a day adjedted to their performance.
In thefe, dies fatim cedit, fed non venit \ a proper debt
arifes from the date of the obligation, becaufe it is cer¬
tain that the day will exift j but the execution is fuf-
W. Part III.
pended till the lapfe of that day. (3.) Conditional Law of
obligations j in which there is no proper debt Qdies non Scotland.
cedit) till the condition be purified, becaufe it is pof- ^ "J
fible the condition may never exift $ and which there¬
fore are faid to create only the hope ol a debt $ but the
granter, even of thefe, has no right to refiie. An obli- *
gation, to which a day is adjedted that pofiibly may
never exift, implies a condition ; dies incertus pro con-
ditione habetur. Thus, in the cafe of a provifion to a
child, payable when he attains to the age of fourteen,
if the child dies before that age, the provifion falls.
4. Obligftions, when confidcred with regard to their
caufe, were divided by the Romans into thofe arifing
from contract, quad contradt, delibt, and quafi delidt :
but there are certain obligations, even full and proper
ones, which cannot be derived from any of thefe fources,
and to which Lord Stair gives the name of obediential.
Such as the obligation on parents to aliment or main¬
tain their children j which arifes fingly from the rela¬
tion of parent and child, and may be enforced by the
civil magiftrate. Under parents are comprehended, the
mother, grandfather, and grandmother, in their proper
order. This obligation on parents extends to the pro¬
viding of their ilfue in all the neceffaries of life, and
giving them fuitahle education. It ceafes, when the
children can earn a livelihood by their own induftry j
but the obligation on parents to maintain their indi¬
gent children, and reciprocally on children to maintain
their indigent parents, is perpetual. This obligation
is, on the father’s death, transferred to the eldeft fon,
the heir of the family •, who, as reprefenting the father,
muft aliment his younger brothers and fifters : the bro-
thers are only entitled to alimony till their age of twen¬
ty-one, after which they are prefumed able to do for
themfelves 5 but the obligation to maintain the lifters
continues till their marriage. In perfons of low7er
rank, the obligation to aliment the fifters ceafes after
they are capable of fubfifting by any fervice or employ¬
ment.
5. All obligations, arifing from the natural duty of
reftitution, fall under this clafs j thus, things given up¬
on the view of a certain event, muft be reftored, if that
event does not afterwards exift : thus alfo, things given
ob turpem caufam, where the turpitude is in the receiver
and not in the giver, muft; be reftored. And on the
fame principle, one upon whofe ground a houfe is built
or repaired by another, is obliged, without any cove¬
nant, to reftore the expence laid out upon it, in fo far
as it has been profitable to him.
6. A contradf is the voluntary agreement of tw7o or Contract,
more perfons, whereby fomething is to be given or per¬
formed upon one part, for a valuable confideration,
either prefent or future, on the other part. Confent,
which is implied in agreement, is excluded, (1.) By
error in the eflentials of the contradl : for, in fuch cafe,
the party does not properly contracl, but errs or is
deceived •, and this may be alfo applied to contradls
which take their rife from fraud or impefftion. (2.)
Confent is excluded by fuch a degree of reftraint upon
any of the contradling parties, as extorts the agreement;
for where violence or threatening are uied againfl: a
perfon, his will has really no part in the contradl.
7. Loan, or mutuum, is that contradl which obligesLoar.
a perfon, who has borrowed any fungible fubjedt from
another, to reftore to him as much of the fame kind,
and
Chap. II. ^
La .v of anr! of equal goodnefi--. Whatever receives its eftima-
Scotiand. tjon ;n number, weight, or ineafure, is a fungible j as
'‘v ' corn, winr, current coin, &c. The only proper lub-
jefts of this contracf are things which cannot be ufed
without either their extindlion or alienation : hence
thfj property of the thing lent is neceffarily transferred
by delivery to the borrower, who confequently muft
run all the hazards either of its deterioration or its
perhhing, according to the rule, res pent fuo domino.
Where the borrower negledfs to reftore at the time
and place agreed on, the eflimation of the thing lent
mull be made according to its price at that time and in
that place *, becaufe it would have been worth fo much
to the lender, if the obligation had been duly perform¬
ed. .If there is no place nor time ilipulated for, the
value is to be Hated according to the price that the
commodity gave when and where it was demanded. In
the loan of money, the value put on it by public au¬
thority, and not its intrinlic worth, is to be confidered.
This contradl is one of thofe called by the Romans
unilateral, being obligatory only on one part ; for the
lender is fubjedled to no obligation : the only aclion
therefore that it produces, is pointed againll the bor-
rower, that he may relfore as much in quantity and
quality as he borrowed, together with the damage the
lender may have fullered through default of due per¬
formance,
CJommo- 8. Commodate is a fpecies of loan, gratuitous on the
date. part of the lender, where the thing lent may be ufed,
without either its perifhing or its alienation. Hence,
in this fort of loan, the property continues with the
lender ; the only right the borrower acquires in the
fubjedf is its ufe, after which he muft reftore the indi¬
vidual thing that he borrowed : confequently, if the
fubjeft perilhes, it perilhes to the lender, unlefs it has
perilhed by the borrower’s fault. What degree of fault
or negligence makes either of the coutradfing parties
liable to the other in damages, is Comprehended under
the following rules. Where the contradl gives a mutual
benefit to both parties, each contradlor is bound to
adhibit a middle fort of diligence, fuch as a man of or¬
dinary prudence ufes in his affairs. Where only one of
the parties has benefit by the contradf, that party muft
ufe exadl diligence *, and the other who has no advan¬
tage by it, is accountable only for dole, or for grofs
omiflions, which the law c oh ft rues to be dole. Where
one employs lefs care on the fubjeft of any contradf
which implies an exuberant truft, than he is known to
employ in his own affairs, it is confidered as dole.
9. Hence it will appeal1 that this is a bilateral con¬
tradf ; the borrower muft be exadfly careful of the
thing lent, and reftore it at the time fixed by the con¬
tradf, or after that ufe is made of it for which it was
lent : if he puts it to any other ufe, or negledfs to re¬
ftore it at the time covenanted, and if the thing pe¬
rilhes thereafter, even by mere accident, he is bound to
pay the value. On the other part the lender is obliged
to reftore to the borrower fuch of the expences dilburf-
ed by him on that fubjedl as arofe from any uncommon
accident, but not thofe that naturally attend the ufe of
it. Where a thing is lent gratuitoully, without fpeci-
fying any time of redelivery, it conftitutes the contradl
ofprecariwn, which is revocable at the lender’s plea-
ftire, and, being entered into from a perfonal regard to
the borrower, ceafes by his death,
A w. 663
10. Depofitation is alfo a bilateral contradf, by which bawof
one who has the cuftody of a thing committed to him co^anc V
(the depolitary) is obliged to reftore it to the depofi--Qep0f,ta_
tor. If a reward is bargained for by the depofitary tion.
for his care, it refolves into the contradf of location.
As this contradf is gratuitous, the depofitary is only
antwerable for the confequences of grofs negledf • but
after the depofite is redemanded, he is accountable even
for cafual misfortunes. He is entitled to a full indem¬
nification for the Ioffes he has fuftained by the contradf,
and to the recovery of all fums expended by him on
the fu'ojedf.
XI. An obligation arifes without formal paction,Xaut&,
barely by a traveller’s entering into an inn, (hip, orT^^ff
ftable, and there depofiting his goods, or putting up
his horfes j whereby the innkeeper, ftiipmafter, or fta-
bler, is acountable, not only for his own facts and thofe
of his fervants (which is an obligation implied in the
very exercife of thefe employments), but of the other
guefts or paffengers ; and, indeed, in every cafe, unlefs
where the goods have been loft damno fatah, or carried
off by pirates or boufe-breakers. Not only the matters
of fhips, but their employers, are liable each of them
for the fhare that he has in the fhip ; but by the pre-
fent cuftom of trading nations, the goods brought into
a {flip muft have been deliv&red to the mafter or mate,
or entered into the Ihip books. Carriers fall within
the intendment of this law ; and pradfice has extended
it to vintners within borough. The extent of the da¬
mage fuftained by the party may be proved by his own
oath in litem. •
12. Sequeftration, whether voluntarily confented toSequeftra-
by the parties, dr authorized by the judge, is a kind ofdo11-
depofite j but as to the office of fequeftree, to whofe care
the fubjedl in difpute is committed, is not confidered
as gratuitous, he cannot throw it up at pleafure, as a
common depofitary may do \ and he is liable in the
middle degree of diligence. Confignation of money is Configna*
alfo a depofite. It may be made, either where the debttlon'
is called in queftion by the debtor, as in fufpenfions j
or where the creditor refufes to receive his money, as
in wadfets, &c. The rifk of the configned money lies
on the configner, where he ought to have made pay¬
ment, and not confignation *, or has configned only a
part ; or has chofen for confignstory, a perfon neither
named by the parties nor of good credit. The charger,
or other creditor, runs the riik, if he has charged for
fums not due, or has without good reafon refufed pay¬
ment, by which refufal the confignation became necef-
lary. It is the office of a confignatory, to keep the
money in fafe cuftody till it be called for : if therefore
he puts it out at intereft, he muft run the hazard of the
debtor’s infolvency ; but for the lame reafon, though
he ftiould draw intereft for it, he is liable in none to the
configner.
13. Pledge, when oppofed to wadfet, is a contract,pledge
by which a debtor puts into the hands of his creditor a
iptcial moveable fubjedl in fecurity of the debt, to be
redelivered on payment.- Where a fecurity is eftablifti-
ed by law to the creditor, upon a fubjedf which con¬
tinues in the debtor’s poffoflion, it has the fpceial name
of an hypothec. Tradefmen and ftiip carpenters have Hypothec,
an hypothec on the houfe or ihip repaired, for the
materials and other charges of reparation ; but not for
the expence of building a new ftiip. This, however,
muft
664 L A
Law of mud not now be underftood to apply uni verfally : for
.Scotland. t|ie court; 0f feffion, in difi'erent cafes which lately oc¬
curred before them, and founding upon the law and
prailice of England in fimilar cafes, have found, that
no hypothec exifts for the expence of repairs done in
a home port. Owners of fliips have an hypothec on
the cargo for the freight •, heritors on the fruits of the
ground •, and landlords on the invccla et Mata, for their
rents. Writers alfo, and agents, have a right of hy¬
pothec, or more properly of retention, in their con-
ftituent’s writings, for their claim of pains and difburfe-
ments. A creditor cannot, for .his own payment, fell
the fubjedt impignorated, without applying to the
judge ordinary for a warrant to put it up to public
fale or roup 5 and to this application the debtor ought
to be made a party.
Sect. XIV. Of Obligations by Word or Writ.
clxxiv.
Verbal j t The appellation of verbal may be applied to all
agreement, obligations to the conilitution of which writing is not
effential, which includes both real and confenfual con-
tradls i but as thefe are explained under feparate titles,
obligations by word, in the fenfe of this rubric, mull be
reltridled, either to promifes, or to fuch verbal agree¬
ments as have no fpecial name to diftinguifh them.
Agreement implies the intervention of two different
parties, who come under mutual obligations to one
another. Where nothing is to be given or performed
but on one part, it is properly called a promife ; which,
as it is gratuitous, does not require the acceptance of
him to whom the promife is made. An offer, which
mull be diftinguifhed from a promife, implies fomething
to be done by the other party •, and confequently is
not binding on the offerer, till it be accepted, with
its limitations or conditions, by him to whom the
offer is made j after which, it becomes a proper agree¬
ment.
Writing. 2. Writing muff neceffarily intervene in all obliga¬
tions and bargains concerning heritable fubjedfs, though
they fhould be only temporary •, as tacks, which, when
they are verbal, laft but for one year. In thefe, no
verbal agreement is binding, though it fhould be refer¬
red to the oath of the party •, for, till writing is adhi¬
bited, law gives both parties a right to refile, as from
an unfinifhed bargain •, which is called locus pcenitentiar.
If, upon a verbal bargain of lands, part of the price
fhall be paid by him who was to purchafe, the inter-
ventus rei, the actual payment of money, creates a va¬
lid obligation, and gives a beginning to the contract
of fale: and, in general, wherever matters are no
longer entire, the right to refile feems to be excluded.
An agreement, whereby a real right is paffed from, or
reftridted, called paBum liberatorium, may be perfected
verbally 5 for freedom is favourable, and the purpofe of
fuch agreement is rather to diffolve than to create an
obligation. Writing is alfo effential to bargains made
under condition that they fhall be reduced into writ¬
ing $ for in fuch cafes, it is pars contraBus, that, till
writing be adhibited, both parties fhall have liberty
to withdraw. In the fame manner, verbal or nuncu¬
pative teftaments are rejected by our law ; but verbal
legacies are fuftained, where they do not exceed tool.
Scots.
3. Anciently, when writing was little ufed, deeds
W. Partlll.
were executed by the party appending his feal to them Law of
in prefence of witneffes. For preventing frauds that, SeoEand..
might happen by appending feals to falfe deeds, the <50;emn;t;es
fubfcription alfo of the granter was afterwards required, 0fwr;tten
and, if he could not write, that of a notary. As it obligations,
might be of dangerous confequences to give full farce
to the fubfcription of the parties by initials, which is
more eafily counterfeited \ our praflice, in order to fu-
flain fuch fubfcription, feems to require a proof, not
only that the granter ufed to fublcribe in that way,
but that de faBo he had fubfcribed the deed in queltion j
at leall, fuch proof is required, if the inllrumentary
witneffes be ftill alive.
4. As a further check, it was afterwards provided,
that all writings carrying any heritable right, and
other deeds of importance, be fubfcribed by the principal
parties, if they can fubferibe ; otherwife, by two nota¬
ries, before four witneffes fpecially defigned. The fub-
fequent praflice extended this requifite of the defigna-
tion of the witneffes to the cafe where the parties them-
felves fubfcribed. Cuftom has conffrued obligations for
fums exceeding look Scots, to be obligations of im¬
portance. In a divifible obligation, ex. gr. for a fum
of money, though exceeding look the fubfcription
of one notary is fufficient, if the creditor reftri&s his
claim to 1 ool : But in an obligation indivifible, e. g.
for the performance of a fa£l, if it be not fubfcribed
in terms of the ftatute, it is void. When notaries thus
atteft a deed, the atteftation or doequeft muft fpecially
exprefs that the granter gave them a mandate to fign j
nor is it fufficient that this be mentioned in the body of
the writing.
5. In every deed, the name of him who writes it,
with his dwelling place, or other mark of diftin&ion,
muft be inferted. The witneffes muft both fubfoibe
as witneffes, and their names and defignations be in¬
ferted in the body of the deed. And all fubferibing
witneffes muft know the granter, and either fee hint
fubferibe, or hear him acknowledge his fubfcription $
otherwife th?y are declared punitliable as acceffary to *
forgery. Deeds, decrees, and other fecurities, con-
fifting of more than one Iheet, may be written by way
of book, in place of the former cuftom of pafting to¬
gether the feveral fheets, and figning the joinings on
the margin 5 provided each page be figned by the
granter, and marked by its number, and the telling
claufe exprefs the number of pages.
6. Inftruments of feilin are valid, if fubfcribed by Solemnities
one notary, before a reafonable number of witneffes jpfnotorial
which is extended by praaice to jnftruments of refig-
nation. Twt> witneffes are deemed a reafonable num¬
ber to every deed that can be executed by one notary.
It is not neceffary that the witneffes to a notorial in-
ftrument or execution fee the notary or meffenger fign j
for they are called as witneffes to the tranfaifion which
is attefted, and not to the fubfcription of the perfon
attefting.
7. A new requifite has been added to certain deeds
fince the Union, for the benefit of the revenue : They
muft be executed on ftamped paper, or parchment, pay¬
ing a certain duty to the crown. Thele duties muft
alfo be paid before wrote upon, under a penalty ; but
they are fo numerous and complex, that it would .be
tedious, even if it fell under our plan, to enter in¬
to an enumeration of them. They will be found at
length*
Chap. II.
l^aw of
Scotland.
Blank
Vdnds.
Privileged
deeds.
Bills of ex-
change.
Their fo-
lemnities
and obli¬
gations.
length in Swinton’s Abridgeraent, vcce Stamps, to
which the reader is referred. Certain judicial deeds,
fuch as bail bonds, bonds of cautionry, in fufpenfions,
&c. are exempted, and do not require flamps, as will
be feen from the fcveral a£ls referred to by the com¬
piler of the above abfidgement of the ftatutes.
8. The granter’s name and defignation are effential,
not properly as folemnities, but becaufe no writing can
Lave effedl without them. Bonds were, by our an¬
cient practice, frequently executed without filling up
the creditor’s name •, and they paffed from hand to hand,
like notes payable to the bearer : But as there was no
method for the creditor of a perfon poffefiod of thefe to
feeure them for his payment, all writings taken blank
in the creditor’s name are declared null, as covers to
fraud *, with the exception of indorfations of bills of
exchange.
9. Certain privileged writings do not require the
ordinary folemnities. 1. Holograph deeds (written by
the granter himfelf) are effectual without witneffes.
The date of no holograph writing, except a bill of ex¬
change (fee next parag.), can be proved by the granter’s
own affertion, in prejudice either of his heir or his
creditors, but muff be fupported by other adminicles.
2. Teftaments, if executed w’here men of Ikill and bufi-
nefs cannot be had, are valid though they Ihould not
be quite formal: and let the fubjedl of a teftament be
ever fo valuable, one notary figning for the teftator,
before two witneffes, is in praftice fufficient. Clergy¬
men were frequently notaries before the Reformation j
and, though they were afterwards prohibited to ad! as
notaries, the cafe of teftaments is excepted j fo that
thefe are fupported by the atteftation of one minifter,
with two witneffes. 3. Difcharges to tenants are fuf-
tained without witneffes, from their prefumed rufticity,
or ignorance in bufinefs. 4. Miffive letters in re mer-
catoria, commiflions, and fitted accounts in the courfe
of trade, and bills of exchange, though they are not
holograph, are, from the favour of commerce, fuftained
wdthout the ordinary folemnities.
10. A bill of exchange is an obligation in the fo»m
of a mandate, whereby the drawer or mandate defires
him to wThom it is directed, to pay a certain fum, at
the day and place therein mentioned, to a third party.
Bills of exchange are drawn by a perfon in one country
to his correfpondent in another j and they have that
name, becaufe it is the exchange, or the value of money
in one place compared with its value in another, that
generally determines the precife extent of the fum con¬
tained in the draught. The creditor in the bill is
fometimes called the poffeffor, or porteur. As parties to
bills are of different countries, quell ions concerning them
ought to be determined by the received cuftom of trad¬
ing nations, unlefs where fpecial ftatute interpofes.
For this realbn, bills of exchange, though their form
admits not of witneffes, yet prove their own dates, in
queftions either with the heir or creditors of the debtor ;
but this do&rine is not extended to inland bills payable
to the drawer himfelf,
11. A bill is valid, wdthout the defignation either
of tire drawer or of the perfon to whom it is made
payable : It is enough, that the drawer’s fubfeription
appears to be truly his; and one’s being poffeffor of a
bill marks him out to be the creditor if he bears the
name given in the bill to the creditor : Nay, though
Vol. XI. Part II.
A W. 659
the perfon drawn fin tliould not be defigned, his accept- ^aw °f
ance prefumes that it was he whom the drawer had in
his eye. Bills drawn blank, in the creditor’s name,
fall under the ftatutory nullity ; for though indorfations
of bills are excepted from it, bills themfelves are not.
Not only the perfon drawn upon muft fign his accept¬
ance, but the drawer muft fign his draught, before
any obligation can be formed againft the accepter: Yet
it is fufficient in practice, that the drawer iigns before
the bill be produced in judgement; though it fliould be
after the death both of the creditor and accepter. A
creditor in a bill may tranfmit it to another by indor-
fation, though the bill ffiould not bear to his order ; by
the fame rule that other rights are tranfmiffible by ai-
fignation, though they do not bear to a/Jignees.
12. The drawer, by figning his draught, becomes Obligations^
liable for the value to the creditor in the bill, in cafe
the perfon drawn upon either does not accept, or after
acceptance does not pay ; for he is prefumed to have re¬
ceived value from the creditor at giving him the draught,
though it ftiould not bear for value received: But, if
the drawer was debtor to the creditor in the bill before
the dr«ught, the bill is prefumed to be given towards
payment of the debt, unlefs it exprefsly bears for value.
The perfon drawn upon, if he refufe to accept, while
he has the drawer’s money in his hands, is liable to him
in damages. As a bill prefumes value from the credi¬
tor, indorfation prefumes value from the indorfee ; who
therefore, if he cannot obtain payment from the ac¬
cepter, has recourfe againft the indorfer, unlefs the bill
be indorfed in thefe wmrds, without recourfe.
13. Payment of a bill, by the accepter, acquits both
the drawer and him at the hands of the creditor : but
it entitles the accepter, if he was not the drawer’s
debtor, to an aftion of recourfe againft him ; and, if
he was, to a ground of compenfation. Where the bill
does not bear value in the hands of the perfion drawn
upon, it is prefumed that he is not the drawer’s debtor,
and confequently he has recourfe againlt the drawer,
ex mandato.
14. Bills, wffien indorfed, are confidered as fo many
bags of money delivered to the onerous indorfee ; which
therefore carry right to the contents, free of all burdens
that do not appear on the bills themfelves. Hence, a
receipt or difeharge, by the original creditor, if grant¬
ed on a feparate paper, does not exempt the accepter
from fecond payment to the indorfee ; hence, alfo, no
ground of compenfation competent to the accepter *
againft the original creditor can be pleaded againft the
indorfee : but, if the debtor ftiall prove, by the oath
of the indorfee, either that the bill is indorled to him
for the indorfer’s own behoof, or that he paid noc the
full value for the indorfation, the indorfee is juftly con¬
fidered as but a name } and therefore all exceptions,
receivable againft the original creditor, will be fuftain¬
ed againft him. A protefted bill, after regiftration, can¬
not be tranfmitted by indorfation, but by affignation.
15. Bills muft be negociated by the poffeffor, againft Negotia*.
the perfon drawn upon, within a precife time, in order tion.
to preferve recourfe againft the drawer. In bids pay¬
able fo many days after fight, the creditor has a dif-
cretionary power of fixing the payment fomewhat
fooner or later, as his occafions (hall require. Bills
payable on a day certain, need not be prefented for ac¬
ceptance till the day of payment, becaufe that day can
4 P neither
66o
Days of
grace.
Privileges
ef bills by
ilatute. .
Inland bills.
Certain
bills not
privileged.
L A
neither be prolonged nor diortened by the time of ac¬
ceptance. For the fame reafon, the acceptance of bills,
payable on a precife'day, need not be dated : but, where
a bill is drawn payable fo many days after light, it
muft ; becaufe there the term of payment depends on
the date of acceptance.
16. Though bills are, in ftricf law, due the very day
on which they are made payable, and may therefore be
protefted on the day thereafter *, yet there are three
days immediately following the day of payment, called
fihyx of grace, within any of which the creditor may
protelt the bill j but if he delay protelling till the day
after the lall day of grace, he lofes his recourfe. Where
a bill is protefted, either from not acceptance er not
payment, the difhonour muft be notified to the drawer
or indorfer, within three polls at fartheft. This ftridl-
nefs of negociation is confined to fuch bills as may be
protefted by the pofleffor upon the third day of grace :
W'here, therefore, bills are indorfed after the days of
grace are expired, the indorfee is left more at liberty,
and does not lofe his recourfe, though he Ihould not take
a formal proteft for not payment, if, within a reafonable
time, he lhall give the indorfer notice of the accepter’s
refufing to pay. Not only does the poffeffor, who ne¬
glects ftridl negociation, lofe his recourfe againft the
drawer, where the perfon drawn upon becomes after¬
wards bankrupt ; but though he Ihould continue fol-
vent : for he may in that cafe recover payment from
the debtor, and fo is not to be indulged in an unnecef-
fary procefs againft the drawer, which he has tacitly
renounced by his negligence. Recourfe is preferved
againft the drawer, though the bill fhould not be duly
negociated, if the perfon drawn upon was not his debt¬
or •, for there the drawer can qualify no prejudice by
the negleft of diligence, and he ought not to have
drawn on one who owed him nothing.
17. The privileges fuperadded to bills by ftatute are,
that though, by their form, they can have no claufe of
regiftration, yet, if duly protefted, they are regiftrable
within fix months after their date in cafe of not accept¬
ance, or in fix months after the term of payment in
the cafe of not payment ; which regiftration is made
the foundation of fummary diligence, either againft the
drawer or indorfer in the cafe of not acceptance, or
againft the accepter in the cafe of not payment. This
■ is extended to inland bills, i. e. bills both drawn and
made payable in Scotland. After acceptance, fum¬
mary diligence lies againft no other than the accepter 5
the drawer and indorfer muft be purfued by an ordi¬
nary a£lion. It is only the principal fum in the bill,
and intereft, that can be charged for fummarily: the ex¬
change, when it is not included in the draught, the re¬
exchange incurred by fuffering the bill to be protefted
and returned, and the expence of diligence, muft all
be recovered by an ordinary adlion ; becaufe thefe are
not liquid debts, and fo muft be previoufly conftituted.
18. Bills, when drawm payable at any confiderable
diftance of time after date, are denied the privileges of
bills : for bills are intended for currency, and not to
lie as a fecurity in the creditor’s hands. Bills are not
valid which appear ex facie to be donations. No ex-
trinfic ftipulation ought to be contained in a bill which
deviates from the proper nature of bills : hence, a bill
to which a penalty is adjedled, or with a claufe of in¬
tereft frem the date is, null. Inland precepts drawm,
W** * Part III.
not for money the medium of trade, but for fungibies, Law o£
are null, as wanting writer’s name and witneffes. It is Scotland,
not an agreed point whether promiffory notes, without v J
writer and witneffes, unlefs holograph, are probative.
19. So flood the law of Scotland, in regard to bills and Later aLter-
promiffory notes, previous to the ftatute 12 Geo. III.
By that ftatute, however, the law of Scotland haspromiffory
undergone very material alterations. They are de-notes,
clared to have the fame privileges, and to preferibe in
fix years after the term of payment. Bank notes and
poll bills are excepted from this prefeription : nor does
it run during the years of the creditor’s minority. In¬
land bills and promiflbry notes muft be protefted with¬
in the days of grace, to fecure recourfe j and the diftio-
nour notified within 14 days after the proteft. Sum¬
mary diligence may pafs not only againft the accepter,
but likewife againft the drawer, and all the indorfees
jointly and feverally j and at the inftance of any in¬
dorfee, though the bill was not protefted in his name,
upon his producing a receipt or letter from the pro-
tefting indorfee. This adt ivas in force only for feven
years after 15th May 1772, and to the end of the then
next feffion of parliament. But as it was found by
experience that it bad been of great advantage to Scat-
land, it was made perpetual by the late adt 23 Geo.
III. fo that it has now become a permanent part of the
law of Scotland.
20. As for the folemnities effential to deeds figned
in a foreign country, where they come to receive exe¬
cution in Scotland, it is a general rule, that no law can
be of authority beyond the dominions of the lawgiver.
Hence, in llridtnefs, no deed, though perfedled accord-Solemnities
ing to the law of the place where it is figned, can have^^6^?
effedt in another country where different folemnities are nm a
required to a deed of that fort. But this rigour is foCOuntry.
foftened ex comitate, by the common confent of nations,
that all perfonal obligations granted according to the
law of that country where they are figned, are effedtual
everywhere \ which obtains in obligations to convey
heritage. Conveyances themfelves, however, of heri¬
table fubjedts muft be perfedled according to the law
of the country where the heritage lies, and from which
it cannot be removed.
21. A wilting, while the granter keeps it under his Delivery
own power or his doer’s, lias no force \ it becomes ob- ^4 ^P0^1*
ligatory, only after it is delivered to the grantee him- °
felf, or found in the hands of a third perfon. As to
w’hich laft, the following rules are obferved. A deed
found in the hands of one who is doer both for the
granter and grantee, is prefumed to have been put in
his hands as doer for the grantee. The prefumption
is alfo for delivery, if the deed appears in the hands of
one who is a ftranger to both. Where a deed is depo-
fited in the hands of a third perfon, the terms of de-
pofttation may be proved by the oath of the depofitary,
unlefs where they are reduced into writing. A deed
appearing in the cuftody of the grantee himfelf is con-
fldered as his abfolute right 5 infomuch that the gran¬
ter is not allowed to prove that it was granted in trull,
otherwife than by a written declaration figned by the
truftee, or by his oath.
22. The following deeds are effedlual without deli-Whatdeeds
very. (1.) Writings containing a claufe difpenfing
with the delivery ; thefe are of the nature of revocable iivery_
deeds, where the death of the granter is equivalent to
delivery,
Chap. II. L A
Law of delivery, becaufe after death there can be no revocation.
Scotland. ^ Deeds in favour of children, even natural ones j
v"” ' for parents are the proper cuftodiars or keepers of their
children’s writings. From a fimilar reafon, poftnuptial
fettlements by the hufband to the wife need no delivery.
(3). Rights which ai-e not to take effedl till the granter’s
death, or even where he referves an intereft to himfelf
during his life ; for it is prefumed he holds the cuftody
of thefe, merely to fecure to himfelf fuch referved inte¬
reft. (4.) Deeds which the granter lay under an ante¬
cedent natural obligation to execute, e. g. rights grant¬
ed to a cautioner for his relief. (5.) Mutual obliga¬
tions, e. g. contrails for every fuch deed, the moment it
is executed, is a common evident to all the parties con-
traflors. Laftly, The publication of a writing by re-
giftration is equivalent to delivery.
cslxxv.
Confenfual
contrails.
Sale.
Sect. XV. Of Obligations and ContraEls arifing from
Corfent, and of accefory Obligations.
1. Contrafts confenfual (/. e. which might, by the Ro¬
man law, be perfedled by the foie confent, without the
intervention either of things or of writing,) are fale,
permutation, location, fociety, and mandate. Where the
fubjedl of any of thefe contrails is heritable, writing is
neceffary.
2. Sale is a contrail, by which one becomes obliged
to give fomething to another, in conftderation of a cer¬
tain price in current money to be paid for it. Things
confifting merely in hope, may be the fubjeit of this
contrail, as the draught of a net. Commodities, where
their importation or ufe is abfolutely prohibited, can¬
not be the fubjeil of fale •, and even in run goods, no
ailion lies againft the vender for the delivery, if the
buyer knew the goods were run. So far indeed has
this principle been carried, and fo anxious have our
iudges been to put a flop to the prailice of fmuggling,
that in different cafes which have occurred of ailion
being brought at the diftance of a foreign merchant
againft perfons reiident in Scotland for payment of
goods which had been fmuggled, a diftindlion has been
made betwixt the cafe of the foreign merchant being
or not being a native of Scotland. Where the foreign
merchant was a native of Scotland, it has been pre¬
fumed that he was acquainted with the revenue law of
the country, and that he was in a manner verfans
in re illicita; and therefore adlion has been denied
for recovery of the price of fuch goods: but where,
on the other hand, the foreign merchant was not a na¬
tive of Scotland, nowife amenable to, and even prefum¬
ed ignorant of its laws, he has with jultice been allowed
aiftion for the price of fuch goods, unlefs it were ftiown
that he had in fa£l beenparticeps criminis, by aiding the
fmuggle. The fame principle has regulated the decifions
in the courts of England in cafes of a fimilar nature,
which have within thefe few years come before them.
3. Though this contradl may be perfe6led before de¬
livery of the fubjeft, the property remains till then with
the vender: (See N° clxii. 9.) Yet till delivery, the
hazard of its deterioration falls on the purchafer, becaufe
he has all the profits arifing from it after the fale. On
the other hand, the fubjeft itfelf perilhes to the vender :
(1.) If it ftiould perilh through his fault, or after his
undue delay to deliver it. (2.) If a fubjedt is iold as
a fungible, and not as an individual, or corpus, e. g. a
W. 667
quantity of farm-wheat, fold without diftingtuftnng the haw of
parcel to be delivered from the reft of the farm. Sconar.d.^
(3.) The periculum lies on the vender till delivery, if
he be obliged by a fpecial article in the contract to de¬
liver the fubjedl at a certain place.
4. Location is that contradl where a hire is ftipu-Location,
lated for the ufe of things, or for the fervice of perfons.
He who lets his wmrk or the ufe of his property to
hire, is the locator or leffor j and the other, the con¬
ductor or leffee. In the location of things, the leflbr
is obliged to deliver the fubjedl, fitted to the ufe it was
let for j and the leffee muft preferve it carefully, put it
to no other ufe, and, after that is over, reltore it.
Where a workman or artificer lets his labour, and if
the w’ork is either not performed according to contrail,
or if it be infufficient, even from mere unlkilfulnefs, he
is liable to his employer in damages, for he ought not,
as an artificer, to have undertaken a work to which he
was not equal. A fervant hired for a certain term is
entitled to his full wages, though from ficknefs or other
accident he fhould be difabled for a part of his time :
but if he die before the term, his wages are only due
for the time he adlually ferved. If a mafter dies, or
without good reafon turns off, before the term, a fervant
who eats in his houfe, the fervant is entitled to his full
wages, and to his maintenance till that term $ and, on
the other part, a fervant who without ground deferts his
fervice, forfeits his wages and maintenance, and is liable
to his mafter in damages.
5. Society or copartnerjhip is a contradl, whereby the Society!
feveral partners agree concerning the communication
of lofs and gain arifing from the fubjedl of the con-
tradl. It is formed by the reciprocal choice which the
partners make one of another; and fo is not conftitut-
ed in the cafe of co-heirs, or of feveral legatees in the
lame fubje6l. A copartnerlhip may be fo conftituted,
that one of the partners fhall, either from his foie right
of property in the fubjedl, or from his fuperior Ikill, be
entitled to a certain (hare of the profits, without being
fubjedted to any part of the lofs j but a fociety, w’here
one partner is to bear a certain proportion of lofs, without
being entitled to any lhare of the profits, called by the
TLoma-nsfocietas leonina, is juftly reprobated. All the
partners are entitled to lira res of profit and lofs propor¬
tioned to their feveral ftocks where it is not otherwife
covenanted.
6. As partners are united, from a deleBus perfonce,
in a kind of brotherhood, no partner can, without a
fpecial power contained in the contradl, transfer any
part of his lhare to another. All the partners are bound
in folidum by the obligation of any one of them, if he
fubfcribe by the frf or focial name of the company j
unlefs it be a deed that falls not under the common
courfe of adminiftration. The company effedls are the
common property of the fociety fubjedled to its debts ;
fo that no partner can claim a divifion thereof, even af¬
ter the fociety is diffolved, till they are paid; and, con-
fequently, no creditor of a partner can, by diligence,
carry to himfelf the property of any part of the com¬
mon flock, in prejudice of a company creditor : but he
may, by arreftment, fecure his debtor’s lhare in the com¬
pany’s hands, to be made forthcoming to him at the
clofe of the copartnerfhip, in fo far as it is not exhaufted
by the company debts.
7. Society being founded in the mutual confidence
4 P 2 among
668
A joint
trade.
Mandate.
L A
among the focii, is diiTolved, not only by the renuncia-
i tion, but by the death of any one of them, if it be not
otherwife f'pecially covenanted. A partner who re¬
nounces upon unfair views, or at a critical time, w hen
his-withdrawing may be fatal to the fociety, loofes his
partners from all their engagements to him, wdiile he
is bound to them for all the profits he (hall make by
his withdrawing, and for the lofs ariiing thereby to
the company. Not only natural, but civil death, e. g.
arifing from a fentence indicting capital punifhment,
makes one incapable to perform the duties of a part¬
ner, and confequently diflblves the fociety. In bath
cafes of death and renunciation, the remaining part¬
ners may continue the copartnerfhip, either exprefsly,
by entering into a new contrafl: ; or tacitly, by carry¬
ing on their trade as formerly. Public trading com¬
panies are now every day conftituted, with rules very
different from thofe which either obtained in the Ro¬
man law7, or at this day obtain in private focieties. The
porprietors or partners in thefe, though they may tranf-
fer their (hares, cannot renounce j nor does their death
diffolve the qompany, but the (hares of the deceafed de-
fcends to his reprefentative.
8. A.joint trade is not a copartnerlhip, but a mo¬
mentary contradl, where tw?o or more perfons agree to
contribute a fum, to be employed in a particular courfe
of trade, the produce whereof is to be divided among
the adventurers ; according to their feveral (hares, after
the voyage is finished. If, in a joint trade, that part¬
ner who is intruded with the money for purchasing the
goods, (hould, in place of paying them in cafh, buy
them upon credit, the furniflier who followed his faith
alone in the fale, has no recourfe againil the other ad¬
venturers, he can only recover from them what of the
buyer’s (hare is yet in their hands. Where any one of
the adventurers in a joint trade becomes bankrupt,
the others are preferable to his creditors, uptin the com¬
mon (lock, as long as it continues undivided, for their
relief of all the engagements entered into by them on
account of the adventure.
9. Mandate is a contract, by which one employs
another to manage any bufinefs for him ; and by the
Roman law7, it muft have been gratuitous. It may be
conftituted tacitly, by one’s fuft'ering another to a£l in a
certain branch of his affairs, for a trad of time together,
without challenge. The mandatory is at liberty not to
accept of the mandate j and, as his powers are folely
founded in the mandant’s commillion, he mud, if he
undertakes it, drictly adhere to the directions given
him : Nor is it a good defence, that the method he fol¬
lowed wras more rational j for in that his employer was
the proper judge. Where no fpecial rules are prefcri-
bed, the mandatory, if he aCts prudently, is fecure, what¬
ever the fuccefs may be ; and he can fue for the reco¬
very of all the expences reafonably difburfed by him in
the execution of his office.
10. Mandate may be general, containing a pow7er
of adminidering the mandant’s whole affairs ; but no
mandate implies a power of difpofing gratuitoufly of
the conftituent’s property, nor even of felling his he¬
ritage for an adequate price •, but a general mandatory
may fell fuch of the moveables as mud otherwife periffi.
No mandatory can, without fpecial powers, tranfaft
d oubtful clams belonging to his conltituent, or refer
Ahem to arbiters.
Law of
Scotland.
W. 1,4 , Part III
11. Mandates expire, (1.) By the revocation of the
employer, though only tacit, as if he ffiould name an¬
other mandatory for the fame bufinefs. (2.) By the
renunciation of the mandatory } even after he has exe¬
cuted a part of his commidion, if his office be gratuitous.
(3.) By the death either of the mandant or mandatory :
But if matters are not entire, the mandate continues
in force, notwithflanding fuch revocation, renunciation,
on death. Procuratories of refignation and precepts
of feifin are made out in the form of mandates 5 but,
becaufe they are granted for the foie benefit of the man¬
datory, all of them, excepting precepts of c/are conjlat^
are declared (by ad; 1693) to continue after the death
either of the granter or grantee. Deeds which con¬
tain a claufe or mandate for regidration, are for the
fame reafon made regillrable after the death of either
(by aft 1693 and 1696.)
12. The favour of commerce has introduced a tacit
mandate, by which maders of drips are empowered
to contract in name of their exercitors or employers,
for repairs, drip-provifions, and wffiatever elfe may be
neceflary for the drip or-crew j fo as to oblige not them-
felves-only, but their employers. Whoever has the ac¬
tual charge of the drip is deemed the mader, though
he drould have no commiffion from the exercitors, or
drould be fubdituted by the mader in the direftion of
the drip without their knowledge. Exercitors are
liable, whether the mader has paid his owm money to
a merchant for neceffaries, or has borrowed money to
purchafe them. The furnidrer or lender mud prove
that the drip needed repairs, providon, &c. to fuch an
extent; but he is under no neceffity to prove the ap¬
plication of the money or materials to the drip’s ufe.
If there are feveral exercitors, they are liable Jinguli in
folidum. In the fame manner the undertaker of any
branch of trade, manufafture, or other land negotia¬
tion is bound by the contrafts of the inditors whom
he fets over it, in fo far as relates to the fubjeft of the
prcepojitura.
13. Contrafts and obligations, in themfelves imper-Homologa-
feft, receive drength by the contraftor or his heirs do-tlori7
ing any aft thereafter which imports an approbation of
them, and confequently fupplies the w7ant of an origi¬
nal legal confent. This is called homologation ; and it
takes pilace even in deeds intrindcally null, whether
the nullity arifes from the want of datutory folemnities,
or from the incapacity of the granter. It cannot be
inferred, (1.) By the aft of a perfon w ho was not in the
knowledge of the original deed ; for one cannot ap¬
prove what he is ignorant of. (2.) Homologation has
no place where the aft or deed, which is pleaded as
fuch, can be afcribed to any other caufej for an inten¬
tion to come under an obligation is not prefumed.
14. ^uafi-contraBs are formed wfithout explicit con-Qfiaf1'ccil7'
fent, by one of the parties doing iomething which by itstrac^s'
nature either obliges him to the other party, or the
other party to him. Under this clafs may be reckoned
tutory, &c. the entry of an heir, ncgotiorurn gejlio, in-
debiti folutioJ communion of goods between two or more
common proprietors, and mercmm jaPlus levandce navis
caufa. Negotiorum ge/iio forms thofe'’obligations wffiich
arife from the management of a perfbn’s affairs, in his
abfence, by another, without an mandate. As fuch
manager afts without authority from the proprietor,
he ought to be liable in exaft diligence, unlefs he has.
from
Chap. II. L
Law of from friend (hip interpofed in affairs which admitted no
Scotland, delay : ari(;l he is accountable for his intromidions with
intered. On the other part, he is entitled to the re¬
covery of his neccffary difburfements on the fubjeft,
and to be relieved of the obligations in which he may
have bound himielf in confequence of the management.
15. Inclcbiti folutio, or the payment to one of what
is not due to him, if made through any miftake, either
of fact, or even of law, founds him who made the
payment in an action againft the receiver for repay¬
ment [condittio indebitid) This action does not lie,
(T.) If the fum paid was due ex equitate, or by a natu¬
ral obligation : for the obligation to reltore is founded
folely in equity. (2.) If he who made the payment
knew that nothing was due : for qui confulto dat quod
non debebat, prcefumitur donore.
Right of d:- 16. Where two or more perfons become common
vidingcom-proprietors of the fame fubjehi, either by legacy, gift,
fma prope -or pUrcllare? without the view of copartnerfhip, an ob¬
ligation is thereby created among the proprietors to
communicate the profit and lofs arifing from the fubjedf,
while it remains common : And the fubje£l may be
divided at the fuit of any having intereft. This divi-
fion, where the quefh’on is among the common proprie¬
tors, is according to the valuation of their rcfpcRive pro~
perties: But where the queftion is between the pro¬
prietors and thofe having fervitudes upon the property,
the fuperfice is only divided, without prejudice to the
property. Commonties belonging to the king, or to
royal boroughs, are not divifible. Lands lying runrig,
and belonging to different proprietors, may be divided,
with the exception of borough and incorporated acres •,
the execution of which is committed to the judge or¬
dinary, or juftices of the peace.
17. The throwing of goods overboard, for lighten¬
ing a (hip in a ftorm, creates an obligation, whereby
the owners of the (hip and goods faved are obliged to
contribute for the relief of thofe whofe goods were
thrown overboard, that fo all may bear a proportional
lofs of the goods ejected for the common fafety. In
this contribution, the (hip’s provifions fuffer no etli-
mation. A mailer who has cut his mall, or parted
with his anchor, to fave the (hip, is entitled to this re¬
lief : but if he has lofl them by the dorm, the lofs falls
only on the (hip and freight. If the ejection does not
fave the (hip, the goods preferved from (hipwreck are
not liable in contribution. Eje&ion may be lawfully
made, if the mader and u third part of the mariners
judge that meafure neceffary, though the owner of
the goods (hould oppofe it : and the "goods eje&ed are
to be valued at the price that goods of the fame fort
which are faved diall be afterwards fold for.
18. There are certain obligations which cannot fub-
fift by themfelves, but are acceffions to, or mak^ a part
of, other obligations. Of this fort are fidejufion, and
the obligation to pay intereft. Cautionrq, or fidejuftion,
is that obligation by which one becomes engaged as fe-
curity for another, that* he flrall either pay a fu n, or
perform a deed.
Cimtionry. icg A cautioner for a fum of money may be bound,
either (imply as cautioner for the principal debtor, or
conjunflly and feverally for and with the principal
debtor. 1 he fird has, by our cutloms, the benefcium
ordinis, or of difcuffion ; by which the creditor is ob¬
liged to difcufs the proper debtor? before he can 111-
J.ex Rhodia
dejaclu.
Acceflbry
obligations.
A W.
(id for payment againd the cautioner. Where one is
bound as full debtor with and for the principal, or con-,
jumflly and feverally with him, the two obligants are
bound equally in the fame obligation, each in folidum ;
and confequently, the cautioner, though he is but an
acceffory, may be fued for the whole, without either
difcuding or even citing the principal debtor. Cau¬
tioners for performance of fadls by another, or for the
faithful difcharge of an office (e. g. for fadlors, tutors,
&c.), cannot by the nature of their engagement be
bound conjundlly and feverally with the principal obli-
gant, becaufe the fa£l to which the principal is bound
cannot poffibly be performed by any other. In fuch
engagements, therefore, the failure mud be previoufly
condituted againd the proper debtor, before addion can
be brought againd the cautioner for making up the lofs
of the party (ud'ering.
20. The cautioner, who binds himfelf at the defire
of the principal debtor, has an adlio mandati or of
relief againfi him, for recovering the principal and in-
tered paid by himfelf to the creditor, and for neceffary
damages : which adlion lies de jure, though the credi¬
tor (hould not affign to him on payment. As relief
againd the debtor is implied in fidejufibry obligations,
the cautioner, where fuch relief is cut off, is no longer
bound : hence the defence of prefcription frees the cau¬
tioner, as well as the principal debtor.
2 i. But (1.) Where the cautionry is interpofed to
an obligation merely natural, the relief is redri&ed
to the fums that have really turned to the debtor’s
profit. (2.) A cautioner who pays without citing
the debtor, lofes his relief, in fo far as the debtor had
a relevant defence againd the debt, in whole or in
part. Relief is not competent to the cautioned till
he either pays the debt, or is didreffed for it; except,
id, Where the debtor is exprefsly bound to deliver to
tne cautioner his obligation cancelled, againd a day cer¬
tain, and has failed ; or, 2dly, Where the debtor is
vergens adinopiam; in which cafe the cautioner may, by
proper diligence, fecure the debtor’s funds for his own
relief, even before payment or didrefs.
22. A right of relief is competent de jure to the
cautioner who pays, againd his co-cautioners, unlefs
where the cautioner appears to have renounced it. In
confequence of this implied relief, a creditor, if he
di ill grant a difcharge to any one of the cautioners,
mud, in demanding the debt from the others, deduct
that part as to which he has cut off their relief by
that difcharge. Where the principal debtor, in a
bond in which a cautioner is bound, grants bond of
corroboration with a new cautioner, both cautioners,
as they intervene for the fame debt, and at the defire
of the (ame debtor, have a mutual relief againd each
other •, but where the cautioner in the fird bond (igns
as a principal obligant in the corroboration, the cau¬
tioner in the new bond, it would feem, would be en¬
titled to a total relief againd the fird cautioner. At
fame time, the decuions of the court of feffion are
not perfedlly at one upon this branch of the doctrine of
cautionry.
23. Cautionry is alfo judicial, as in a fufpenfion. It Judicial
is fufficient to loofe the cautioner, that when he became cautionry.
1 o id, the difpender had good reafon to fufpend, e. g.
it the charger had at that period no title, or had not
then performed his part, though thefe grounds of fuf-
peniion t
s7° L A
of pcnfion fliould be afterwards taken off. In all mari-
t ^ i time caafes, ^vliere tbe parties are frerjuentlv foreigners^
the defender muft give caution judicio JtJli et judicatum
foivi: fuch cautioner gets free by the death of the de¬
fender before fentence ; but he continues bound, though
the caufe thould be carried from the admiral to the
court of feffion. 1 his fort of caution is only to be ex¬
acted in caufes ftridtly maritime.
24. It happens frequently, that a creditor takes
tno or more obligants bound to him, all as principal
debtors, without fidejuffion. Where they are fo
bound, for the performance of faffs that are in them-
felves indivifible, they are liable each for the whole
ox flnguh in folidum. But, if the obligation be for a
fum of money, they are only liable pro rain ; unlefs,
(1.) Where they are in exprels words bound conjunct-
ly and feverally j or, (2.) In the cafe of bills or pro-
milTory notes. One of leveral obligants of this fort,
who pays the whole debt, or fulfils the obligation, is
entitled to a proportional relief againft the reit; in fuch
manner, that the lofs muft, m every caie, fall equally
Tntereft of uPon t^le P°^vent obligants.
money. 25. Obligations for fums of money are frequently
accompanied with an obligation for the annualrent or
intereft thereof. Interejl (ufura) is the profit due by
the debtor, of a fum of money to the creditor for the
ufe of it. The canon law confidered the taking of
intereft as unlawful: the law of Mofes allowed it to
be exafled from ftrangers: and all the reformed na¬
tions of Europe have found it neceffary, after the ex¬
ample of the Romans, to authorize it at certain rates
, fixed by ftatute. Soon after the Reformation, our le¬
gal intereft was fixed at the rate of 10 per cent, per
annum^ from which time it had been gradually redu¬
ced, till at laft, by 12 Ann. flat. 2. c. 16. it was
brought to five per cent, and has continued at that rate
ever fince.
26. Intereft is due, either by /aw or by padiwn.
It is due by /aw, either from the force offatute, un¬
der which may be included acls of federunt, or from
tie nature 0/ the tranfadlion. Bills of exchange, and
inland bids, though they fliould not be protefted, car¬
ry intereft from their date in cafe of not acceptance j
or from the day of their falling due, in cafe of ac¬
ceptance and not payment. Where a bill is accept¬
ed, which bears no term of payment, or which is pay¬
able on demand, no intereft is due till demand be
made of the fum, the legal voucher of which is a no¬
torial proteft. Intereft is due by a debtor after de¬
nunciation, for all the fums contained in the diligence,
even for that part which is made up of intereft. Sums
paid by cautioners on diftrefs carry intereft, not only
as -to the principal fum in the obligation, but as to the
intereft paid by the cautioner. Fa&ors named by the
court of fefiion are liable for intereft, by a fpecial adl
•ot federunt j fee N° clxxii. 11.
27. It arifes ex lege, or from the nature of the
tranla&ion, that a purchafer in a fale is liable in inte¬
reft for the price of the Ends bought from the term
of his entry, though the price Ihould be arrefted in
his hands, or though the feller ftiould not be able to
deliver to him a fufficient progrefs or title to the
lands ; for no purchafer can in equity enjoy the fruits
of the lands, while at the fame time he retains the in¬
tereft of the price : but lawful confignation of the
^ • Fart HI.
price made by a purchafer, upon the refufal of the haw if
perfon's having right to receive it, flops the currency Scotland,
of intereft. Where one intermeddles with money be-
longing to another which carries intereft, he ought to
reftore it cum omni obventione et caufa ; and is therefore
liable in the intereft of it, as being truly an acceflTory
of the fubjedl itfelf. It is alfo from the nature of the
tranfadlion, that intereft is in certain cafes allowed to
merchants or others in name of damages.
28. Intereft is due by exprefs paBion, where there
is a claufe in a bond or obligation, by which money
is made to carry intereft. An obligation is not law¬
ful, where it is agreed on, that the yearly intereft of
the fum lent, if it Ihould not be paid punftuahy as it
falls due, ftiall be accumulated into a principal fum
bearing intereft ; but an obligation may be lawfully
granted, not only for the fum truly lent, but for the
intereft to the day at which the obligation is made
payable, whereby the intermediate intereft is accumu¬
lated into a principal fum from the term of payment.
Intereft may be alfo due by implied padiion : Thus
where the intereft upon a debt is by a letter promifed
for time paft, fuch promife implies a padlion for intereft;
as long as the debt remains unpaid j thus alfo the ufe
of payment of intereft prefumes a padlion, and when
intereft is expreffed for one term, it is prefumed to be
bargained for till payment.
29. The fubjedt matter of all obligations confifts ei- General
ther of things or of faBs. Things exempted from properties
commerce cannot be the fubjedl of obligation. (See0.1 obIiSa-
N° clxii. 2.) One cannot be obliged to the perform-^011,
ance of a fadl naturally impoflible j nor of a fadt in
itfelf immoral, for that is alfo in the judgement of law
impoflible. Since impoflible obligations are null, no
penalty or damage can be incurred for non-perform¬
ance : but it is otherwife, if the fadl be in itfelf pof-
fible, though not in the debtor’s power ; in which cafe
the rule obtains, locum faBi iniprafabilis fubit damn inn
et mtereffe.
30.. An obligation, to which a condition is objedt-
ed, either naturally or morally impoflible, is in the
general cafe null; for the parties are prefumed not to
have been ferious. But fuch obligation is valid, and
the condition thereof held pro non feripta, (1.) In tef-
taments: (2.) In obligations, to the performance of
which the granter lies under a natural tie, as in bonds
of provifion to a child. Where an obligation is
granted under a condition, lawful but unfavourable,
e. g. that the creditor fhall not marry without the
confent of certain friends, no more weight is given
to the condition than the judge thinks reafonable.
A condition, which is in fome degree in the powder of
of the creditor himfelf, is held as fulfilled, if he has
done all he could to fulfil it. Implement or perform¬
ance cannot be demanded in a mutual contradl, by that
party who himfelf declines or cannot fulfil the coun¬
terpart.
31. Donation, fo long as the fubjeft is not deliver-Donation.
ed to the donee, may be juftly ranked among obliga¬
tions ; and it is that obligation which arifes from the
mere good will and liberality of the granter. Dona¬
tions imply no warrandice, but from the future fads
of the donor. They are hardly revocable by our law
for ingratitude, though it fliould be of the grofleft
kind : thofe betwixt man and wife are revocable by
the
Chap. II.
Law cf
Scotland
clxxvi.
Extinction
of obliga¬
tions as,
perform¬
ance.
the donor, even after the death of the donee ; bat re-
   rauneratory grants, not being truly donations, cannot
he lb revoked. That fpecial fort of donation, which
is conftituted verbally, is called a promife. The Ro¬
man law entitled alx donors to the bcnejicium competen¬
tly, in virtue of which they might retain fuch part of
the donation as was neceiTary for their own fubfifl-
ence. Our law allows this benefit to fathers, with
refpeft to the provilions granted to their children j
and to grandfathers, which is a natural confequence
of children s obligation to aliment their indigent pa¬
rents j but to no collateral relation, not even to bro¬
thers.
32. Donations made in contemplation of death, or
mortis caufa, are of the nature of legacies, and like
them revocable : confequently, not being efteffual in
the granter’s life, they cannot compete with any of
Ins creditors 5 not even with thofe whofe debts were
con trailed alter the donation. They are underflood
to be given from a perfonal regard to the donee, and
therefore fall by his predeceafe. No deed, after deli¬
very, is to be prefumed a donatio mortis caufa ; for revo¬
cation is excluded by delivery.
33* Deeds are not prefumed, in dubio, to be dona¬
tions.^ Hence, a deed by a debtor to his creditor, if
donation be not exprefied, is prefumed to be granted
in fecurity or fatisfadion of the debt j but bonds of
provifion to children are, from the prefumption of pa¬
ternal affeilion, conftrued to be intended as an addi¬
tional patrimony ; yet a tocher, given to a daughter
in her marriage contrad, is prefumed to be in 1'atis-
fadion of all former bonds and debts; becaufe mar-
iiage contrads ufually contain the whole provifions in
favour of the bride. One wrho aliments a perfon that
is come of age, without an exprefs padion for board,
is prefumed to have entertained him as a friend, unlefs
in the cafe of thofe who earn their living by the en-
teitainment or board of ftrangers. But alimony given
to minors, who cannot bargain for themfelves, is not
accounted a donation ; except either where it is pre¬
fumed from the near relation of the perfon aliment¬
ing, that it was given ex pietate; or where the minor
had a father or curators, with whom a bargain might
have been made.
Sect. XVI. Of the Diffblution or Ex tint!ion of Obli¬
gations.
1. Obligations maybe diffolved by performance, or
implement, confent, compenfation, novation, and corf f on.
(1.) By fpecifcal performance: thus, an obligation for
a fum of money is extinguifhed by payment. The
creditor is not obliged to accept of payment by parts,
unlefs where the fum is payable by different divi(ions’
If a debtor in two or more feparate bonds to the fame
creditor, made an indefinite payment, without aferib-
ing it at the time to any one of the obligations, the
payment is applied, ift, To intereft, or to fums not
bearing intereft. 2dly, To the fums that are leaft fe-
cured, if the debtor thereby incurs no rigorous penalty.
But, 3dly, If this application be penal on the debtor
e. g. by fuffering the legal of an adjudication to ex¬
pire, the payment will be applied fo as to fave the
debtor from that forfeiture^ Where one of the debts
is .ecured by a cautioner, the other not, the appli-
made b}^ the debtor upon a miftake
: whom he believed, upon probable
L A W.
Cnion is to be fo made, cceteris paribus, that both
creditor and cautioner may have equal juftice done to
them.
2. Payment
in fasft, to one
grounds, to have the right of receiving payment, ex-
tinguillies the obligation. But payment made to one.
to, whom the law denies the power of receivinsj it
has not this effeft ; as if a debtor, feized by letters
of caption, fhould make payment to the meffenffer;
for rgnorantiajuris neminem excufat. In all debts, the
debtor, if he be not interpelled, may fafely pay be¬
fore the term, except in tack duties or feu duties;
the payment whereof, before the terms at which they
are made payable, is- conftrued to be collufive, in a
queftion with a creditor of the landlord or fuperior.
Payment is m dubio prefumed, by the voucher of the
debt being in the hands of the debtor ; chirographum,
apud debitorem repertum, preefumitur folutum.
3. Obligations are extinguiftiable by the confent o/By confent?.
the creditor, who, without full implement, or even
any implement, may renounce the right conliituted in
his own favour. Though a difeharge or acquittance
granted by one whom the debtor bona fde took for
the creditor, but who was not, extinguifties the obli¬
gation, ir the fatisfaftion made by the debtor was
real ; yet where it is imaginary, the difeharge will
not fereen him from paying to the true creditor the
debt for which he had made no prior fatisfaftion. In
all deots which, are conftituted by writing, the extinc¬
tion whether it be by fpecifical performance or bare
content, muft be proved, either by the oath of the
creditor,, or by. a difeharge in writing ; and the fame
iolemmties which law requires in the obligation, are
neceflary m the difeharge : but, where payment is
made, not by.the debtor himfelf, but by the creditor’s
intromnTion with the rents of the debtor’s eftate, or by
delivery to him of goods in name of the debtor, fuch
delivery or intromiffion, being>??/, may be proved by
witneffes, though the debt ftiould have been not only
conftituted by writing, but made real on the debtor’s
lands by adjudication.
4. A difeharge, though it fhould be general, of all
that tne granter can demand, extends not to debts of
an uncommon kind, which are not prefumed to have
been under the granter’s eye. This dodlrine applies
aioto general affignations. In annual payments, as
of rents, feu-duties, intereft, &c. three confecutive
diicharges by the creditor, of the yearly or termly
unties, prefume the payment of all preceding*. Two
diicharges by the anceftor, and the third by "the heir
do not infer this prefumptioa, if the heir was ignorant
of the. anceftor’s difeharges. And difeharges by an
admmiftrator, as a fadfor, tutor, &.c. prefume only the
payment of all preceding duties incurred during his
admimftration. This prefumption arifes from repeat-
ing the difeharges thrice fucceflively ; and fo does not
hold in the cafe of two difeharges, though they ftiould
include the duties of three or more terms.
5. Where the fame perfon is both creditor and By compete
debtor to another, the mutual obligations, if they arefation. P
lor equal fums, are extinguiftied by compenfation: if
for unequal, ftill the leffer obligation is extinguilh-
ed, and the greater diminiftied, as far as the con-
cour.e of debit and credit goes. To found compenfa-
672
Law of
Scotland.
By reten-
tion.
By nova¬
tion.
L A
tion, (1.) Each of the parties rtiuft be debtor and
creditor at the fame time. (2.) Each of them muft
be debtor and creditor in his own right. (3.) The
mutual debts mull be of the fame quality : hence, a
him of money cannot be compenfated with a quantity
of corns ; becaufe, till the prices are fixed, at which
the corns are to be converted into money, the two
debts are incommenfurable. Laltly, Compenfation
cannot be admitted, where the mutual debts are not
clearly afcertained, either by a written obligation,
the fentence of a judge, or the oath of the party.
Where this requires but a fliort difcuffion, fentence
for the purfuer is delayed for fome time, ex cequitate,
that the defender may make good his ground of com-
penfation. Where a debt for fungibles is afcertained
in money by the fentence of a judge,' the compenfa¬
tion can have no effedt farther back than the liquida¬
tion j becaufe, before fentence, the debts tvere in¬
commenfurable : but, where a debt for a fum of money
is, in the courfe of a fuit, conflituted by the oath of
the debtor, the compenfation, after it is admitted by
the judge, operates ?-etro, in fo far as concerns the cur¬
rency of intereft, to the time when, by the parties ac¬
knowledgement, the debt became due : for, in this cafe,
the debtor’s oath is not what creates the debt, or makes
it liquid : it only declares that luch a liquid fum wras
truly due before. Compenfation cannot be oft'ered
after decree, either by w7ay of fufpenfion or redudlion j
unlefs it has been formerly pleaded, and unjuftly re¬
pelled. Decrees in abfence are excepted.
6, The right ol retention, which bears a near re-
femblance to compenfation, is chiefly competent,
where the mutual debts, not being liquid,, cannot be
the ground of compenfation ; and it is fometimes ad¬
mitted ex cequitate in liquid debts, where compenfation
is excluded by flatute : thus, though compenlation
cannot be pleaded after decree, either againft a credi¬
tor or his affignee ; yet, if the original creditor fhould
become bankrupt, the debtor, even after decree, may
retain againft the aflignee, till he gives fecurity for
fatisfying the debtor’s claim againft the cedent. This
right is frequently founded in the expence diftmrfed on
work employed on the fubjeft retained, and fo arifes
from the mutual obligations incumbent on the par¬
ties. It has never been difputed that retention of
goods was competent, until payment or fatisfa£tion
of the debt incurred in relation to thefe goods j but
it was found, by the court of feftion, in a cafe which
w7as very lately before them, that goods could not
be retained by a manufadlurer until payment of a
.prior debt; the debt incurred upon the goods in his
hands being offered ; and although the debtor had be¬
come bankrupt, and the manufafturer muft othemife
rank as a common creditor for his prior debt. But
retention may be fuftained, though the debt due
to him who claims it does not arife from the nature
of the obligation by which he is debtor : thus, a fac¬
tor on a land eftate may retain the fums levied by him
in confequence of his fadlory, not only till he be paid
of the difburfements made on occafion of fuch eftate,
but alfo till he be difeharged from the feparate engage¬
ments he may have entered into on his conftituent’s ac¬
count.
7. Obligations are diffolved by novation, whereby
one obligation is changed into another, without chan-
3
W. ' Part HI.
ging either the debtor or creditor. The firft obliga- Law of
tion being thereby extinguilhed, the cautioners in it are Scotland,
loofed, and all its confequences difeharged 5 fo that the v *
debtor remains bound only by the laft. As the creditor
to whom a right is once conftituted, ought not to lofe
it by implication, novation is not eafily prefumed, and
the new obligation is conftrued to be merely corrobora¬
tive of the old ; but, w'here the fecond obligation ex- p jeje^
prefsly bears to be inf at is faction of the firft, thefe words tion. ° *
muft neceffarily be explained into novation. Where
the creditor accepts of a new debtor, in place of the
former who is difeharged, this method of extinction is
called delegation.
8. Obligations are extinguifhed confufione, where the By confti-
debit and credit meet in the fame perfon, either by fuc-fion.
ceftion or Angular title, e. g. when the debtor fucceeds
to the creditor, or the creditor to the debtor, or a ftran-
ger to both ; .for one cannot be debtor to himfelf. If
the fucceffion, from wdiich the corfufo arifes, happens
afterwards to be divided, fo as the debtor and creditor
come again to be different jArfons ; the confufio does
not produce an extin&ion, but only a temporary fuf¬
penfion, of the debt.
Sect. XVII. Of ffignations.
1. Heritable rights, when they are clothed with in- ckxvii.
feftment, are tranfmitted by difpofition, which is a wrri-^(^>na“
ting containing procuratory of refignation and precept
of feifin j but thofe w’hich either require no feifin, or
on which feifin has not actually followed, are tranf-
miffible by Ample ajjignation. He who grants the
aflignation is called the cedent; and he who receives it,
the ajjignee or ceflionary : if the aflignee conveys his
right to a third perfon, the deed of conveyance is
called a tranfation ; and if he affigns it back to the ce¬
dent, a retroceffon. Certain rights are, from the ufes
to which they are deftined, incapable of tranfmiflion,
as alimentary rights : others cannot be afligned by the
perfon invefted in them, without fpecial powers given
to him •, as tacks, reverfions : the tranfmiflion of a
third fort, is not prefumed to be intended, without
an exprefs conveyance; as of paraphernal goods,
which are fo proper to the wife, that a general afligna¬
tion, by her to her hufband, of all that did or fhould
belong to her at her deceafe, does not comprehend
them. A liferent right is, by its nature, incapable of
a proper tranfmiflion 5 but its profits may be afligned
while it fubfifts.
2. Aflignations mnft not only be delivered to the intimation
aflignee, but intimated by him to the debtor. Intima- of affigna-
tions are confidered as fo neceffary for completing theffons-
conveyance, that in a competition between tw7o afligna¬
tions, the laft, if firft intimated, is preferred.
3. Though, regularly, intimation to the debtor isWhatnoti-
made by an inftrument, taken in the hands of a notary, ^caVon *s
by the aflignee or his procurator; yet the law admits^
equipollencies, where the notice of the aflignment given tion.
to the debtor is equally ftrong. Thus, a charge upon ■
letters of horning at the aflignee’s inftance, or a fuit
brought by him againft the debtor, fupplies the want
of intimation ; thefe being judicial a£!s, which expofe
the conveyance to the eyes both of the judge and of
the debtor ; or the debtor’s promife of payment by
writing to the aflignee, becaufe that is in effedf a cor¬
roborating
*
1,
Chap. II.
Law of
Scotland.
roborating of the original debt. Tlie aflignee’s pof-
feffion of the right, by entering into payment of the
rents or intereft, is alfo equal to an intimation ; for it
imports, not only notice to the debtor, but his a&ual
compliance : but the debtor’s private knowledge of the
alignment is not fuftained as intimation.
In what 4- Certain conveyances need no intimation. (l.) In-
cafes not dorfations of bills of exchange ; for thefe are not to be
neceffary. fettered wdth forms, introduced by the laws of particu¬
lar Hates. (2.) Bank notes are fully conveyed by
the bare delivery of them j for as they are payable to
the bearer, their property muft pafs with their poffef-
fion. (3.) Adjudication, which is a judicial convey¬
ance, and marriage, which is a legal one, carry the
full right of the fubjedls thereby conveyed, without
intimation : neverthelefs, as there is nothing in thefe
conveyances wThich can of themfelves put the debtor
in mala fide, he is therefore in tuto to pay to the wife,
or to the original creditor in the debt adjudged, till
the marriage or adjudication be notified to him. Af-
fignments of moveable fubjeds, though they be inti¬
mated, if they are made retenta pqffejfione, (the cedent
retaining the pofleffion), cannot hurt the cedent’s cre¬
ditors ; for fuch rights are prefumed, in all queftions
with creditors, to be collufive, and granted in truft for
the cedent himfelf.
Effects of 5* An affignation carries to the affignee the whole
affignation. right of the fubjedl conveyed, as it was in the cedent ;
and confequently he may ufe diligence, either in his
cedent’s name while he is alive, or in his own.
6. After an afiignation is intimated, the debtor can¬
not prove a payment, or compenfation, by the oath of
the cedent, who has no longer any intereft in the debt;
unlefs the matter has been made litigious by an aftion
commenced prior to the intimation : but the debtor
may refer to the oath of the aflignee, who is in the
right of the debt, that the aflignment was gratuitous,
or in truft for the cedent: either of which being pro¬
ved, the oath of the cedent will affedl the aflignee. If
the aflignation be in part onerous, and in part gratui¬
tous, the cedent’s oath is good againft the aflignee,
only in fo far as his right is gratuitous. All defences
competent againft the original creditor in a moveable
debt, wdiich can be proved otherwife than by his oath,
continue relevant againft even an onerous aflignee j
whofe right can be no better than that of his author,
and muft therefore remain aftefted with all the burdens
which attended it in the author’s perfon.
Sect. XVIII. Of Ar ref meats and Poindings,
vlxxviii. I. The diligences, whereby a creditor may affedl his
Arrelhnent. debtor’s moveable fubje61s, are arrefment and poind¬
ing. By arrefment is fometimes meant the fecuring
of a criminal’s perfen till trial ; but as it is underflood
in the rubric of this title, it is the order of a judge, by
w^hich he who is debtor in a moveable obligation to the
arreftor’s debtor, is prohibited to make payment or de¬
livery till the debt due to the arrefter be paid or fecu-
red. The arrefter’s debtor is ufually called the com¬
mon debtor •, becaufe, where there are two or more
competing creditors, he is debtor to all of them. The
perfon in whofe hands the diligence is ufed is filled
the arreftee.
2. Arreftment mav be laid on bv the authority either
VOL. XI. Part II.
673
Law of
Scotland.
L A W.
of the fupreme court, or of an inferior judge. In the
firft cafe, it proceeds either upon fpecial letters of ar¬
reftment, or on a warrant contained in letters of horn- v
iug ; and it muft be executed by a meflenger. The
w arrants granted by inferior judges are called precepts
of arrefb.nent, and they are executed by the officer pro¬
pel to the court. Where the debtor to the common
debtor is a pupil, arreftment is properly ufed in the
bands of the tutor, as the pupil’s adminiftrator : this
doctrine may perhaps extend to other general admini-
hrators, as commiffioner, &c. But arreftment, ufed in
the hands of a fadlor or fteward, cannot found an adlion
of forthcoming without calling the conftituent. Where
the debtor to the common debtor is a corporation, ar¬
reftment muft be ufed in the bands of the" directors or
treafurer, who reprefent the whole body. Arreftment,
when it is ufed in the hands of the debtor himfelf, is
inept; for that diligence is intended only as a reftraint
upon third parties.
3. All debts in which one is perfonally bound, though
they ftrould be heritably lecured, are grounds upon
which the creditor may arreft the moveable eftate be- 'v
longing to his debtor. Arreftment may proceed on
a debt, the term of payment whereof is not yet come,
in cafe the debtor be vergens ad inopiam. If a debt be
not yet conftituted by decree or regiftration, the cre¬
ditor may arife and execute a fummons againft his
debtor for payment, on wffiich pending adfion arreft¬
ment may be ufed, in the fame manner as inhibition,
which is called arrefment upon a dependence. If one’s
ground of credit be for the performance of a fadt, or
if his depending procefs be merely declaratory, without
a conclufion of payment or delivery, fuch claims
are not admitted to be fufficient grounds for arreft-
ment.
4. Moveable debts are the proper fubjedl of arreft-What debts
ment j under w’hich are comprehended conditionalarreftable.
debts, and even depending claims. For leflening the
expence of diligence to creditors, all bonds which have
not been made properly heritable by feifin are declared
arreftable : but this does not extend to adjudications,
wadfets, or other perfonal rights of lands, which are
not properly debts. Certain moveable debts are not
arreftable. (1.) Debts due by bill, which pafs from
hand to hand as bags of money. (2.) Future debts ;
for though inhibition extends to adquirenda as well as
adquifta, yet arreftment is limited, by its warrant, to
the debt due at the time of ferving it againft the ar¬
reftee. Hence, an arreftment of rents or intereft car¬
ries only thofe that have already either fallen due or at
leaft become current. Claims, depending on the iilue
of a fuit, are not confidered as future debts; for the
fentence, when pronounced, has a retrofpeft to the pe¬
riod at wffiich the claim w7as firft founded. The like
doftrine holds in conditional debts. (3.) Alimentary
debts are not arreftable ; for thefe are granted on per¬
fonal confiderations, and fo are not communicable to
creditors : but the paft intereft due upon fuch debt may
be arrefted by the perfon who has furniflied the ali¬
mony. One cannot fecure his own effe&s to himfelf
for his maintenance, fo as they ffiall not be affe&able
by his creditors. Salaries annexed to offices granted
by the king, and particularly thofe granted to the
judges of the feffion, and the fees of fervants, are con
lidered as alimentary funds; but the furplus fee, over
4 Q and
674 L A
Law of snd above '\vliat is r.eceffary for tlie fervant’s perfonal
L Scotland. ^ ufeS) 1Tiay be arrefled. It lias alfo been found, that a
y~ wadfet fijm configned after an order ot redemption
ufed, but before decreet of declarator, is not arreft-
able.
Effect of 5. If, in contempt of the arreftment, the arreftee
breach of faa]j malre payment of the fum, or deliver the goods
aneftmer.t. arre^ec(5 to tjie common debtor, he is not only liable
criminally for breach of arreftment, but he muft pay
the debt again to the arrefter. As the law formerly
flood, an arreftment ufed at the market crofs of Edin¬
burgh, pier and fhore of Leith, again!! a perfon furth
of the kingdom, was good ; fo that if the arreftee made
payment to his creditor after the date of the arreft-
inent, he was found liable in fecond payment to the ar¬
refter, becaufe he had done all in his power to notify
his diligence. This, however, is very properly altered
by § 3. of the ad! of the 23d Geo. III. which declares
that an arreftment ufed at the market crofs of Edin¬
burgh, pier and fhore of Leith, in the hands of any
perfon out of the kingdom, without other fufficient no¬
tification, fhall not interpel the arreftee from paying
Iona fide to the original creditor. Arreftment is not
merely prohibitory, as inhibitions are j but is a ftep of
diligence which founds the ufer in a fubfequent adlion
whereby the property of the fubjedt arrefted may be
adjudged to him. It therefore does not, by our latter
pradlice, fall by the death of the arreftee \ but continues
to fubfift, as a foundation for an adlion of forthcoming
again!! his heir, while the fubjedt arrefted remains m
medio. Far lefs is arreftment loft, either by the death
of the arrefter, or of the common debtor.
Looting of 6. Where arreftment proceeds on a depending ac-
arreftment. tion, it may be loofed by the common debtor’s giving
fecurity to the arrefter for his debt in the event it (hall
be found due. i\rreftment founded on decrees, or on
regiftered obligations, which in the judgement of law
are decrees, cannot be loofed but upon payment or con-
lignation ; except, (l.) Where the term of payment
of the debt is not yet come, or the condition has not
yet exifted. (2.) Where the arreftment has proceed¬
ed on a regiftered contradl, in which the debts or mu¬
tual obligations are not liquid. (3.) Where the de¬
cree is fufpended, or turned into a libel \ for, till the
iufpenfion be difeufled, or the pending adlion conclud¬
ed, it cannot be known whether any debt be truly
due. A loofing takes off the nexus which had been
laid on the fubjed! arrefted ; fo that the arreftee may
thereafter pay fafely to his creditor, and the cautioner
is fubftituted in place of the arreftment, for the arreft-
er’s fecurity : yet the arrefter may, while the fubjedt
continues with the arreftee, purfue him in a forthcom¬
ing, notwithftanding the loofing.
Forthcomr 7* Arreftment is only an inchoated or begun dili-
ing on ar- gence •, to perfed! it, there muft be an adlion brought
reftoient. gy tpje arrefter again!! the -arreftee, to make the debt
or fubjedf arrefted forthcoming. In this adlion, the
common debtor muft be called for his intereft, that he
may have an opportunity of excepting to the lawful-
nefs or extent of the debt on which the diligence pro¬
ceeded. Before a forthcoming can be purfued, the
debt due by the common debtor to the arrefter muft be
liquidated *, for the arrefter can be no further entitled
to the fubjed! arrefted than to the extent of the debt
due to him by the common debtor. Where the fub-
W. Part III.
jed! arrefted is a fum of money, it is, by the decree of Law of
forthcoming, diredled to be paid to the purfuer towards iScotland. ^
fatisfying his debt-, where goods are arrefted, the judge
ordains them to be eXpofed to fale, and the price to be
delivered to the purfuer. So that,, in either cafe, de¬
crees of forthcoming are judicial aflignations to the ar¬
refter of the fubjed! arrefted.
8. In all competitions^ regard is had to the dates,P^^rente
not of the grounds of debt, but of the diligences pro-mcnB
ceeding upon them. In the competition of arreftments,
the preference is governed by their dates, according to
the priority even of hours, where it appears with any
certainty which is the firft. But, as arreftment is but
a begun diligence, therefore if a prior arrefter fhall ne-
glebl to infift in an adlion of forthcoming for fuch a
time as may be reafonably conftrued into a defertion of
his begun diligence, he lofes his preference. But, as
derelidlion ot diligence is not eafily prefumed, the di-
llance of above two years, between the fir!! arreftment
and the decree of forthcoming, was found not to make
fuch a morn as to entitle the pofterior arrefter to a pre¬
ference. This rule of preference, according to the
dates of the feveral arreftments, holds, by our prefent
pradtice, whether they have proceeded on a decree or
on a dependence ; on debts not yet payable, or on
debts already payable 5 provided the pendency fliall
have been clofed, or the debt have become payable, be¬
fore the ifl'ue of the competition.
By ad! 23d Geo. III. § 2. it is enad!ed, that when
a debtor is made bankrupt, in terms of the ad! 1696,
as thereby extended (clxxxiii. 13.), all arreftments
which {hall have been ufed for attaching any perfonal
effedts of fuch bankrupt wdthin thirty days prior to the
bankruptcy, or within four kalendar months immedi¬
ately fubfequent, (ball be {sari pa[fu preferable : and in
order to fave as far as poflible the expence of a multi¬
plicity of arrellments, it is declared, that where the ef-
fedls of a debtor are arrefted by any creditor within
thirty days before the bankruptcy, or within four
months after it, and a procefs of forthcoming or mul¬
tiplepoinding is brought in which fuch arreftment is
founded on, it fliall be competent for any other credi¬
tor producing his intereft, and making his claim in the
faid procefs, at any time before the expiration of the '
faid four months, to be ranked in the fame manner as
if he had ufed the form of arreftment ; the expence of
raifing the procefs, and of the diligence at the inftance
of the creditor who raifes it, being always paid out of
the common fund. We here again repeat, that the
enactments of this ftatute are only temporary, and not
yet a permanent part of the law of Scotland, whatever
they may become when the fubjeC! is refumed by the
legiilature upon the expiry of the a£L
9. In the competition of arreftments with afligna¬
tions, an aflignation by the common debtor, intimated
before arreftment, is preferable to the arreftment. If
the aflignation is granted before arreftment, but not
intimated till after it, the arrefter is preferred.
10. PoiNDiNG is that diligence affe&ing moveable Poinding,
fubje&s, by which their property is carried dire&ly to
the creditor. No poinding can proceed, till a charge
be given to the debtor to pay or perform, and the days
thereof be expired, except poindings again!! vaffals for
their feu-duties, and poindings again!! tenants for rent,
proceeding upon the landlord’s ow-n decree in which
Chap. II. L A
Law of the ancient cuflom ot* poinding without a previous
Scotland. charge continues. A debtor’s goods may be poinded
Um^v by one creditor, though they have been arrefted before
by another •, for arreftment being but an imperfeft di¬
ligence, leaves the right of the fubjeff ftill in the debt¬
or, and fo cannot hinder any creditor from ufing a
more perfeft diligence, which has the effeft of carrying
the property direblly to himfelf.
II. No cattle pertaining to the plough, nor intlru-
ments of tillage, can be poinded in the time of labour¬
ing or tilling the ground, unlefs where the debtor has
no other goods. By labouring time is underftood, that
time, in which that tenant, whofe goods are to be
poinded, is ploughing, though he Ihould have' been
earlier or later than his neighbours j but fummer fal¬
lowing does not fall under this rule.
Form i 2. In the execution of poinding, the debtor’s goods
thereof. muft be appraifed, firft, on the ground of the lands
where they are laid hold on, and a fecond time at the
market crofs of the jurifdi&ion, by the dated appraifers
thereof-, or, if there be none, by perfons named by the
nieffengcr or other officer employed in the diligence.
Next, the meffenger mull, after public intimation by
three oyeffes, declare the value of the goods according
to the fecond appraifement, and require the debtor to
make payment of the debt, including intereft and ex-
pences. If payment lhall be offered to the creditor, or
in his abfence to his lawful attorney •, or if, in cafe of
refufal by them, confignation of the debt lhall be made
* in the hands of the judge ordinary or his clerk, the
goods muft be left with the debtor j if not, the m.ef-
fenger ought to adjudge and deliver them over, at the
appraifed value, to the ufer of the diligence towards his
payment: and the debtor is entitled to a copy of the
warrant and executions, as a voucher that the debt is
difcharged in whole or in part by the goods poinded.
13. Minifters may poind for their ftipends, upon one
appraifement on the ground of the lands, and landlords
were always in ufe to poind fo, for their x-ents, Ap¬
praifement of the goods at the market crofs of the next
royal borough, or even of the next head borough of
ftewartry or regality, though thefe jurifdiclions be
aboliftxed, is declared as fufficient as if they were car¬
ried to the head borough of the fhire. Poinding, whe¬
ther it be conftdered as a fentence, or as the execution
of a fentence, muft be proceeded in between fun-riling
and fun-fetting -, or at leaft it muft be finilhed before
Powers of the going off of day-light.—The powers of the officer
meflengers employed in the execution of poindings are not clear-
inpoind- Jy defined by cuftom, in the cafe of a third party
U1S' . claiming the property of the goods to be poinded.
This is certain, that he may take the oath of the claim¬
ant, upon the verity of his claim ; and if from thence
it ffiall appear that the claimant’s title is collufive, he
ought to proceed in the diligence ; but if there re¬
mains the leaft doubt, his fafeft courfe is to deliver the
goods to the claimant, and to exprefs in his execution
the reafons why poinding did not proceed.
14. Any perfon who flops a poinding via /ach\ on
groundlefs pretences, is liable, both criminally, in the
pains of deforcement (fee N° clxxxvi. 15.), and civilly,
in the value of the goods which might have been poind¬
ed by the creditor.
By the forelaid ftatute 23 Geo. III. § 4. it is de¬
clared, that after a perfon is rendered bankrupt, as
\v.
thereby diredled, no poinding of the moveables be-
longing to fuch bankrupt, within 30 days before his
bankruptcy, or within four kalender months thereafter,
lhall give a preference to fuch poinder over the other
lawful creditors of the bankrupt j but the goods fo
poinded lhall be conlidered as in medio, and the perfon
receiving the price of them {hall be liable to make the
lame forthcoming, fo as that all the other creditors
ot the bankrupt who are pofleffed of liquidate grounds
of debt or decrees for payment, lhall be entitled to their
proportion of the fame provided they make their
claim by fummoning the poinder at any time before
the expiration of the faid four months, deducing al¬
ways the expence of fuch poinding from the firft end
of the price of fuch goods, together with 20 per cent.
on the appraifed value, which the poinder ftxall retain
to account of his debt in preference to the other cre¬
ditors ; referving liberty to him to rank on the re¬
maining fum for the full amount of the debt contained
jn his diligence. And it is by the faid ad! further de¬
clared, that where any perfon concerned in trade or
manufa&ures is bankrupt, as before-mentioned, it may
be lawful for any creditor, to the amount of look or
any two creditors to the amount of 150I. or any three
or more creditors to the amount of 2cok or upwards,
to apply for fequeftration of the eftate real and perfonal
belonging to the debtor j after awarding which, an
interim fa£lor, and then a truftee, lhall be chofen b)
the creditors, who is to conduct the bufinefs of the
fequeftration, according to the various rules fixed and
laid down by the ftatute. The aft, however, exprefsly
excludes all others, except thofe concerned in trade or
manufaftures, from the benefit of the fequeftration ^
but it is probable, when it comes to be renewed or
digefted in another form, this part of it will fuffer au
alteration.
Sect. XIX. Of Frefcription.
cixxix.
1. Prefcription, which is a method, both of eftablilh-Prei'cnP'*
ing and of extinguilhing property, is either pofitive*10"'
or negative. Pojitive prefcription is generally defined,
as the Roman nfucapio, The acquilition of property
(it Ihould rather be, when applied to our law, the
fecuring it againlt all further challenge) by the poffef-
fbr’s continuing his poffeffion for the time which law
has declared fufficient for that purpofe : negative, is
the lofs or amiffion of a right, by neglefting to follow
it forth, or ufe it, during the whole time limited by
law-. The doftrine of prefcription, which is, by fome
writers, condemned as contrary to juftice, has been
introduced, that the claims of negligent creditors
might not fubfift forever, that property might be at laft
fixed, and forgeries difeouraged, which the difficulty
of detefting muft have made exceeding frequent, if
no length of time had limited the legal effeft of writ¬
ings.
2. Pofitive prefeription was firft introduced into ourPofitire.
law by 1617, c. 1 2. which enafts, that whoever lhall
have pofleffed his lands, annualrents, or other heri¬
tages, peaceably in virtue of infeftments, for 40 years
continually after their dates, ftiall not thereafter be dif-
quieted in his right by any perfon pretending a better
title. Under heritages are comprehended every right
that is fundo annexum, and .capable 0f continual poffef-
,4 & 2 lion.
07° , L A W. Part III,
Law of f,0IU Continued poffeffion, if proved as far back as the
iSojtJini1' , memory of man, prefumes poffeflion upwards to the
date of the infeftment. The whole courfe of pofl'effion
mull by the aft be founded on feifins 5 and confequent-
ly no part thereof on the bare right of apparency : but
40 years pofieffion, without feifin, is fufficient'in the
prefcription of fuch heritable rights as do not require
feifin. The pciTeffion mud alfo be without any lawful
interruption, i. e. it muft neither be interrupted via
fach, nor via juris. The prefcription of fubjefts not
expreffed in the infeftment as part and pertinent of an¬
other fubjeft fpecially expreffed, has been explained,
N* clxvii. 6.
3. The aft requires, that the poffeffor produce, as
his title of prefcription, a charter of the lands pre¬
ceding the 40 years poffeflxon, with the feifin follow¬
ing on it : and where there is no charter extant, fei¬
fins, one or more, Handing together for 40 years, and
proceeding either on retours or precepts of dare con-
fat. This has given rife to a reafonable diftinftion
obferved in praftice, between the prefcription of a fm-
gular fucceffor, and of an heir. Singular fucceffors
muft produce for their title of prefcription, not only
a feifin, but its warrant, as a charter, difpofition, &c.
either in their own perfon, or in that of their author :
but the produftion, by an heir of feifins, one or more,
Handing together for 40 years, and proceeding on re¬
tours or precepts of c/are confat, is fufficient. The
heir is not obliged to produce the retours or precepts
on which his feifins proceed, nor is the fingular fuccef¬
for obliged to produce the ground of his charter : fo
that if the title of prefcription produced be a fair deed,
and a fufficient title of property, the poffeffor is fecure
by the aft, which admits no ground of challenge, but
falfehood. A fpecial ftatute, for eftabliftiing the po-
fitive prefcription in moveable rights, was not necef-
fary : for, fince a title in writing is not requifite for
the acquiring of thefe, the negative prefcription, by
which all right of aftion for recovering their property
is cut off, effeftually fecures the poffeflbr.
Negative 4. The negative prefcription of obligations, by the
preicrip- ][apfe Qf years, was introduced into our law long
,ton• before the pofitive, (1469, c. 29.—1474, c. 55.)
This prefcription is now amplified by the forefaid aft
(1617), which has extended it to all aftions competent
upon heritable bonds, reverfions, and others whatfoever;
tmlefs where the reverfions are either incorporated in
the body of the wadfet-right, or regiftered in the regif-
ter of reverfions: And reverfions fo incorporated, or
regiftered, are not only exempted from the negative
prefcription, but they are an effeftual bar againft any
perfon from pleading the pofitive.
A ftiorter 5- A ffiorter negative prefcription is introduced by
negative ftatute, in certain rights and debts. Aftions of fpuil-
prefcrip- 2.\e, ejeftion, anti others of that nature, muft be purfued
within three years after the commiffion of the faft on
which the aftion is founded. As in fpuilzies and ejec¬
tions, the purfuer was entitled, in odium of violence, to
a proof by his own oath in litem, and to the violent pro¬
fits againft the defender, the ftatute meant only to limit
thefe fpecial privileges by a three years prefcription,
without cutting off the right of aftion, where the claim
is reftrifted to fimple reftitution. Under the general
words, and others °f that nature, are comprehended all
aftions where the purfuer is admitted to prove his libel Law of
by his own oath in litem. Scotland.
6. Servants fees, hoofe rents, men’s ordinaries, (i. e.
money due for board), and merchants accounts, fall tion of fer-
under the triennial prefcription, (by 1579, c. 83.) vants fees,
There is alfo a general claufe fubjoined to this ftatute, &-c-
of other the like debts, which includes alimentary debts,
wages due to workmen, and accounts due to writers,
agents, or procurators. Thefe debts may, by this aft,
be proved after the thr^e years, either by the writing
or oath of the debtor j fo that they prefcribe only as
to the mean of proof by witneffes : but after the three
years it behooves the creditor to refer to the debtor’s
oath, not only the conftitution, but the fubfiftence
of the debt. In the prefcription of houfe rents, fer-
vants fees, and alimony, each term’s rent, fee, or ali¬
mony, runs a feparate courfe of prefcription ; fo that
in an aftion for thefe the claim will be reftrifted to
the arears incurred within the three years immediately
before the citation: But, in accounts, prefcription does
not begin till the laft article; for a fingle article can¬
not be called an account. Aftions of removing muft
alfo be purfued within three years after the warning.
Reduftions of erroneous retours prefcribe, if not pur¬
fued within 20 years.
7. Minifters ftipends and multures prefcribe in five Of mini-
years after they are due j and arrears of rent, five years ftcrs ftl'
after the tenant’s removing from the lands. As the^enc'3’^‘v
prefcription of mails and duties was introduced in fa¬
vour of poor tenants, that they might not fuffer by
neglefting to preferve their difcharges, a proprietor of
lands fubjeft to a liferent, who had obtained a leafe of
all the liferented lands from the liferenter, is not en
titled to plead it, nor a tackfman of one’s whole eftate,
who had by the leafe a power of removing tenants.
Bargains concerning moveables, or fums of money
which are proveable by witneffes, prefcribe in five years
after the bargain. Under thefe are included fales, lo¬
cations, and all other confenfual contrafts, to the con¬
ftitution of which writing is not neceflary. But all the
above-mentioned debts, may, after the five years, be
proved, either by the oath or the writing of the debt¬
or j of which above, (par. 6.) A quinquennial pre¬
fcription is eftablifhed in arreftments, whether on de¬
crees or depending aftions: The firft prefcribe in five
years after ufing the arreftment, and the laft in five
years after fentence is pronounced on the depending
aftion.
8. No perfon binding for or with another, either as Limitation
cautioner or co-principal, in a bond or contraft for a °fcaut‘®nt7
fum of money, continues bound after feven yearst from
the date of the bond, provided he has either a claufe
of relief in the bond, or a feparate bond of relief, in¬
timated to the creditor, at his receiving the bond. But
all diligence ufed within the feven years againft the
cautioner (hall ftand good. As this is a public law,
intended to prevent the bad confequences of raffi en¬
gagements, its benefit cannot, before the lapfe of tl>e
feven years, be renounced by the cautioner: As it is
correftory, it is ftriftly interpreted : Thus, bonds
bearing a mutual claufe of relief pro rata, fall not un¬
der it; nor bonds of corroboration, nor obligations,
where the condition is not purified, or the term of pay¬
ment not come within the feven years j becaufe no di¬
ligence
Chap.
Law of
Scotland.
Prefcrip-
tion of ho¬
lograph
writings.
JExtin&ion
of obliga¬
tions by ta
oiturnity.
Bona fides
prefcrip-
tion.
II. L A
ligftnce can be ufed on thefe. The itatute excludes all
cautionries for the faithful difcharge of offices; thefe
not being obligations in a bond or contraft for fums of
money. And practice has denied the benefit of it to all
judicial cautioners, as cautioners in a fufpenfion.—Ac¬
tions of count and reckoning, competent either to mi¬
nors againft their tutors or curators, or vice verfa, pre-
fcribe in ten years after the majority or death of the
minor.
9. Holograph bonds, miffive letters, and books of
account, not attefted by witneffes, prefcribe in 20
years, unlefs the creditor ffiall thereafter prove the
verity of the fubfcription by the debtor’s oath. It is
therefore fufficient to fave from the effeft of this pre-
fcription, that the conftitution of the debt be proved
by the party’s oath after the 20 years; whereas, in fti-
pends, merchants accounts, &c. not only the confti¬
tution, but the fubfiftence of the debt, muff be prov¬
ed by writing or the debtor’s oath, after the term
of prefcription. Some lawyers extend this prefcrip-
tion of holograph writings to all obligations for fums
tiot exceeding 100I. Scots, which are not attefted by
witneffes 5 becaufe though thefe are in pradice fuf-
tained, yet they ought not to have the fame duration
with deeds attefted by witneffes. Though in the ftiort
prefcriptions of debts, the right of a&ion is for ever
loft, if not exercifed within the time limited : yet
where a&ion was brought on any of thofe debts, be¬
fore the prefcription was run, it fubfifted, like any
other right, for 40 years. As this defeated the pur-
pofe of the ads eftablifliing thefe prefcriptions, all
proceffes upon warnings, fpuilzies, ejedions, or ar-
reftments, or for payment of the debts contained in
ad 1669, c. 9. are by the faid ad joined with 16^5,
c. 14. declared to prefcribe in five years, if not wa¬
kened within that time ; fee N° clxxxiii. 26.
10. Certain obligations are loft by the lapfe of lefs
than 40 years, without the aid of ftatute, wffiere the
' nature of the obligation, and the circumftances of
parties juftify it : thus, bills which are not intended
for lading fecurities, produced no adion, where the
creditor had been long filent, unlefs the fubfiftence of
the debt be proved by the debtor’s oath •, but the pre-
cife time wras not fixed by pradice. But the duration
of bills is now7 limited to fix years by the I 2 Geo. III.j
rendered perpetual by 23 Geo. III. Thus alfo, a
receipt for bills granted by a writer to his employer,
not infifted upon for 23 years, w7as found not produc¬
tive of an adion. The prefcriptions of the reftitution
of minors, of the benefit of inventory, &c. are ex¬
plained in their proper places.
IX. In the pofitive prefcription, as eftablilhed by
the ad 1617, the continued pofleffion for 40 years,
proceeding upon a title of property not chargeable
with falfehood, fecures the poffeffor againft all other
grounds of challenge, and fo prefumes bona Jides, prce-
fumptione juris et de jure. In the long negative pre¬
fcription, bona Jides in the debtor is not required : the
creditor^ negleding to infill for fo long a time, is
conftrued as an abandoning of his debt, and fo is
equivalent to a difcharge. Hence, though the fubfift¬
ence of the debt ffiould be referred to the debtor’s
own oath, after the 40 years, he is not liable.
12. Prefcription runs de momento in momentum : the
whole time defined by law muft be completed, befere
w.
677
Law of
Scotland,
a right can be either acquired or loft by it •, fo that
interruption, made on the laft day of the 40th year, 
breaks its courfe. The pofitive prefcription runSp^^A
againft the fovereign himfelf, even as to his annexedtion, ap-ainft
property ; but it is generally thought he cannot fuffer whom it
by the negative : he is fecured againft the negligencenms-
of his officers in the management of proceffes, by ex-
prefs ftatute, 1600, c. 14. The negative, as well as
the pofitive prefcription, runs againft the church,
though churchmen have but a temporary intereft in
their benefices. But becaufe the rights of beneficia¬
ries to their ftipends are liable to accidents, through
the frequent change of incumbents, 13 years poffef-
fion does, by a rule of the Roman chancery which we
have adopted, found a prefumptive title in the benefi¬
ciary : but this is not properly prefcription j for if by
titles recovered, perhaps out of the incumbent’s own
hands, it ffiall appear that he has poffeffed tithes or
other fubje&s to a greater extent than he ought, his
poffeffion will be reftrifted accordingly. This right
muft not be confounded wuth that eftablilhed in favour
of churchmen, which is confined to church lands and
rents, and conftitutes a proper prefcription upon a
poffeffion of 30 years.
*3-.The claufe in the aft 1617, faving minors from
prefcription, is extended to the pofitive, as well as to
the negative prefcription ; but the exception of mino¬
rity is not admitted in the cafe of hofpitals for chil¬
dren, wffiere there is a continual fucceffion of minors,
that being a cafus infolitus. Minors are exprefsly ex¬
cepted in feveral of the ffiort prefcriptions, as 1379,
c. 18. 1669, c. 9.; but where law7 leaves them in
the common cafe, they muft be fubjeft to the common
rules.
14. Prefcription does not run contra non valentem
agere, againft one who is barred by fome legal inca¬
pacity, from purfuing; for in fuch cafe, neither ne¬
gligence nor dereliftion can be imputed to him. This
rule is, by a favourable interpretation, extended to
wives, who ex reverentia maritali forbear to purfue ac¬
tions competent to them againft their hufbands. On
the fame ground, prefcription runs only from the
time that the debt or right could be fued upon. Thus,
inhibition prefcribes only from the publiffiing of the
deed granted to the inhibiter’s prejudice; and in the
prefcription of removings, the years are computed on¬
ly from the term at wffiich the defender is warned to
remove. Neither can prefcription run againft perfons
who are already in poffeffion, and fo can gain nothing
by a purfuit. Thus, wffiere a perfon, who has tw7o ad¬
judications affefting the fame lands, is in poffeffion
upon one of them, prefcription cannot run againft the
other during fuch poffeffion.
15. Certain rights are incapable of prefcription : Certain
(1.) Things that law7 has exempted from commerce. ri^hts incai>
(2.) Res. merce faculty is,. e. g. a faculty to charge aP^bfj,erj°f
fubjeft with debts, to revoke, &c. cannot be loft by tiorunp'
prefcription ; for faculties may, by their nature, be
exercifed at any time : hence, a proprietor’s right of
ufing any aft of property on his own grounds cannot
be loft by the greateft length of time. (3.) Excep¬
tions competent to a perfon for eliding an aftion, can¬
not prefcribe, unlefs the exception is founded on a right
produftive of an aftion, e.-g. compenfation 5 fuch right
Hiuft be infifted on within the years of prefcription„
(4.) Qbik-
\
678 LA
Law of {4.} Obligations of yearly pcnfions or payments,
^Scotland, though no demand has been made on them for 40
years, do not lufl'er a total prefcnption, but Hill iublilt
as to the arrears fallen due within that period ; becaufe
prefcription cannot run againft an obligation till it be
payable, and each year’s penfion or payment is conlt-
dered as a feparate debt.
16. No right can be loft non utendo by one, unlefs
the eft'edl: of that prefcription be to eftablilh it in ano¬
ther. Hence the rule arifes, juri fanguinis nunquam
j>rcefcribitur. Hence alfo, a proprietor of land Cannot
lofe his property by the negative prefcription, unlefs
he who objedls it can him (elf plead the poiitive. On
the fame ground, a fuperior’s right of feu duties can¬
not be loft non utendo; becaufe, being inherent in the
fuperiority, it is truly a right of lands that cannot fuf-
fer the negative prefcription, except in favour of
one who can plead the pofitive ; which the vaftal can¬
not do, being deftitute of a title. This rule applies
alfo to parfonage tithes, which are an inherent burden
upon all lands not fpecially exempted j and from
which therefore the perfon liable cannot preferibe an
immunity by bare non-payment : but fuch vicarage
tithes as are only due where they are eftablifhed by
ufage, may be loft by prefcription. In all thefe cafes,
though the radical right cannot fuffer the negative
prefcription, the bygone duties, not demanded with¬
in the 40 years, are loft to the proprietor, fuperior,
or titular.
Interrup- 17, Prefcription may be interrupted by any deed
tionofpre- vvhereby the proprietor or creditor ufes his right or
icnption. grounci 0f debt. ln an interruptions, notice muft be
given to the poflTeffbr of the fubjefr, or the debtor,
that the proprietor or creditor intends to fue upon his
right. All writings whereby the debtor himfelf ac¬
knowledges the debt, and all procefles for payment
brought, or diligences ufed againft him upon his obli¬
gation by horning, inhibition, arreftment, &c. muft be
effedlual to interrupt prefcription.
18. Interruptions, by citation upon libelled fum-
monfes, where they are not ufed by a minor, preferibe,
if not renewed every feven years : but where the ap¬
pearance of parties, or any judicial aft has followed
thereupon, it is no longer a bare citation, but an aftion
which fubfifts for 40 years. It has been found, that
the fexennial prefcription of bills is not interrupted by
a blank citation, as praftifed in the court of admiralty.
Citations for interrupting the prefcription of real rights
muft be given by meffengers ; and the fummonfes, on
which fuch citations proceed, muft pals the fignet up¬
on the bill, and be regiftered within 60 days after the
execution, in a particular regifter appointed for that
purpofe : and where interruption of real rights is made
via faBi, an inilrument muft be taken upon it, and re¬
corded in the faid regifter ; otherwife it can have no ef-
feft againft fingular fucceffors.
19, Interruption has the effeft to cut off the courfe
of prefcription, fo that the perfon preferibing can avail
himfelf of no part of the former time, but mull begin
a new courfe, commencing from the date of the inter¬
ruption. Minority, therefore, is no proper interrup¬
tion : for it neither breaks the courfe of prefcription,
nor is it a document or evidence taken by the minor
on his right : it is a perfonal privilege competent to
him, by which the operation of the prefcription is in-
2
W, Fart III.
deed fufpended during the years of minority, which Law of
arc therefore difeounted from it •, but it continues to , Scotnuv.
run after majority, and the years before and after the
minority may be conjoined to complete it. The lame
doftrine applies to the privilege anting Irom one’s in¬
capacity toaft.
20. Diligence ufed upon a debt, againft any one of
two or more co-obligants, preferves the debt ittelf, and
fo interrupts prefcription againft all of them 5 except
in the fpeeial cafe of cautioners, who are not affefted
by any diligence ufed againft the principal debtor. In
the fame manner, a right of annualrent, conftituted
upon two feparate tenements, is preferved as to both
from the negative prefcription, by diligence ufed a-
gainft either of them. But whether fuch diligence has
alfo the effeft to hinder the poffeffor of the other tene¬
ment by angular titles from the benefit of the poiitive
prefeription, may be doubted.
III. OF SUCCESSION.
Sect. XX. Of Succeffion in Heritable Rights. clxxx.
1. Singular fucceffors are thofe who fucceed to aSuccefibrs
perfon yet alive, in a fpecial fubjeft by fingular titles j-j>l|!aF_
but fucceffion, in its proper ienfe, is a method of^
tranfmitting rights from the dead to the living. He¬
ritable rights defcend by fucceffion to the heir proper¬
ly fo called •, moveable rights to the executors, who are
fometimes faid to be heirs in moveables. Succeftion
is either by fpecial defiinalion, which defeends to thofe
named by the proprietor himfelf 5 or legal, which de¬
volves upon the perfons whom the law marks out for
fncceffors, from a prefumption, that the proprietor
would have named them had he made a deftination.
The fhft is in all cafes preferred to the other, as pre¬
fumption muft yield to truth.
2. In the fuccefiion of heritage, the heirs at law Order of
are otherwife called heirs general, heirs whatfoever, niccefllon
or heirs of line j and they fucceed by the right 0f n avliuex*
blood, in the following order. Firft, Defendants •,
among thefe, fons are preferred to daughters, and the
eldeft fon to all the younger. Where there are daugh¬
ters only, they fucceed equally, and are called heirs
portioners. Failing immediate defendants, grand¬
children ficceed •, and in default of them, great¬
grandchildren ) and fo on in infinitum ; preferring, as
in the former cafe, males to females, and the eldeft
male to the younger.
3. Next after defendants, collaterals fucceed j among Collaterals,
whom the brothers german of the deccaf d have the firft
place. But as, in no cafe, the legal fuccefiion of heri¬
tage is, by the law of Scotland, divided into parts,
unlefs where it defends to females •, the immediate
younger brother of the deceafed excludes the reft, ac¬
cording to the rule, heritage defeends. Where the de¬
ceafed is himfeif the youngeft, the fucceffion goes to
the immediate elder brother, as being the leaft devia¬
tion from this rule. If there are no brothers german,
the fifters german fucceed equally : then brothers con~
fanguinean, in the fame order as brothers german •, and
failing them, fifters confanguinean equally. Next, the
father lucceeds. After him, his brothers and fifters,
according to the rules already explained; then the
grandfather j failing him, his brothers and fifters $ apd
l
Scotland.
No fuccef-
fion by Uie
mother.
Succeftion
7/1 capita
and in
Jlirpe.
Succefllon
of heirs-
oortioners.
Chap. n. LA W.
Law of To upwards, as far back as propinquity can be proved, teinds go to the heir of line
Though children fucceed to their mother, a mother
cannot to her child : nor is there any fuccellion by our
law through the mother of the deceafed j infomuch
that one brother uterine, i. e. by the mother only, can¬
not fucceed to another, even in that eftate which flowed
originally from their common mother.
4. In heritage there is a right of reprefentation, by
which one fucceeds, not from any title in himfelf, but
in the place, and as reprefenting fome of his deceafed
afcendants. Thus, where one leaves a younger fon, and
a grandchild by his eldeft, the grandchild, though far¬
ther removed in degree from the deceafed than his
uncle, excludes him, as coming in place of his father
the eldeft fon. Hence arifes the diftin&ion between
lucceftion in capita, where the divifion is made into as
many equal parts as there are capita or heirs, which is
the cafe of heirs portioners 5 and fucceffion inJiirpes,
where the remoter heirs draw no more among them
than the {hare belonging to their afcendants or firps,
whom they reprefent ; an example of which may be
figured in the cafe of one who leaves behind him a
daughter alive, and tw’o grand-daughters by a daughter
deceafed. In which cafe the two grand daughters
would fucceed equally to that half which would have
belonged to their mother had (he been alive.
5. In the fucoeftion of heirs portioners, indtvifible
rights, e. g. titles of dignity, fall to the eldeft lifter.
A fingle right of fuperiority goes alfo to the eldeft ;
for it hardly admits a divilion, and the condition of the
vaffal ought not to be made worfe by multiplying fu-
periors upon him. Where there are more fuch rights,
the eldeft may perhaps have her election of the belt •,
but the younger fillers are entitled to a recompenfe, in
fo far as the divifions are unequal j at leatl, where the
fuperiorities yield a conftant yearly rent. The princi-
pal feat of the family falls to the eldeft, with the gar¬
den and crchard belonging to it, without recompenfe
to the younger lifters ; but all other houfes are divided
among ft them, together with the lands on which they
are built, as parts and pertinents of thefe lands. A
preccipuum, however, is due only in the cafe of 1'uccef-
lion of heirs portioners cb intejlato; and therefore there
is no place for it where the fucceffion is taken under a
deed.
6. rl hofe heritable rights, to which the deceafed did
himfelf fucceed as heir to his father or other anceftor,
get fometimes the name of heritage in a Uriel fenfe, in
oppofition to the feuda nova, or feus of conqueft, which
he had acquired by fingular titles, and which defeend
not to his heir of line, but of conqueft. This diftinc-
Uon obtains only where two or more brothers or uncles,
or their ilfue, are next in fucceffion ; in which cafe, the
immediate younger brother, as heir of line, fucceeds to
the proper heritage, becaufe that defeends j whereas
the conqueft afeends to the immediate elder brother.
It has no place in female fucceffion, which the law di¬
vides equally among the heirs portioners. Where the
deceafed was the younger brother, the immediate elder
brother is heir both of line and of conqueft. An eftate
difponed by a father to his eldert fon, is not conqueft
in the fon’s perfon, but heritage 5 becaufe the fon would
have fucceeded to it, though there had been no difpo-
fition. The heir of conqueft fucceeds to all rights af-
fe<fting land, which require feifin to perfie6l them. But
Heir of
eonqueft.
becaufe they are merely
a burden on the fruits, not the land. Tacks do not
fall under conqueft, becaufe they are complete rights
without feifin ; nor perfonal bonds taken to heirs feclud-
ing executors.
7. The heir of line is entitled to the fucceflion, not Heirfhip-
only of fubjedls properly heritable, but to that fort 0fmove£d>lcs-
moveables called heirjhip, which is the bell of certain
kinds. This do£lrine has been probably introduced,
that the heir might not have a houfe and eftate to fuc¬
ceed to, quite diftnantled by the executor. In that fort
which goes by pairs or dozens, the beft pair or dozen
is the heirihip. There is wo heirfhip in fungibles, or
things eftimated by quantity 5 as grain, hay, current
money, &c. To entitle an heir to this privilege, the
deceafed muft have been either, (1.) A prelate: (2.) A
baron, i. e. who flood infeft at his death in lands,
though not eredled into a barony : or even in a right
of annualrent : Or, (3.) A burgefs ; not an honorary
one, but a trading burgefs of a royal borough, or at
lealt one entitled to enter burgefs in the right of his
anceftor. Neither the heir of conqueft, nor of tailzie,
has right to heirihip moveables.
8. As to lucpeilion by deftination, no proprietor canSucceffion
fettle any heritable eftate, in the proper form of a tefta-b7 deftina**
ment; not even bonds fecluding executors, though11011'
thefe are not heritable cx fua natura : But, where a
teftament is in part drawn up in the ityle of a deed in¬
fer vivos, fuch part of it may contain a fettlement of
heritage, though executors fhould be named in the
teftamentary part. The common method of fettling
the fucceffion of heritage is by difpofition, contrail of
marriage, or fimple procuratory of refignation : and,
though a difpofition fettling heritage fhould have nei¬
ther precept nor procuratory, it founds an aftion a-
gainft the heir of line to complete his titles to the
eftate j and thereafter diveft himfelf in favour of the
difponee. The appellation of tailzie, or entail, is chief¬
ly ufed in the cafe of a land eftate, which is fettled on
a long feries of heirs fubftituted one after another.
i he perfon firft called in the tailzie is the inftitute;
the reft, the heirs of tailzie, or the fubftitutes.
9. Tailzies, wdien confidered in relation to their fe-Tailzies,
veral degrees of force, are either, (i.) Simple defti-
nations. (2-) Tailzies with prohibitory claufes.
(3. lailzies with prohibitory, refolutive, and irritant
claufes. That is a fimple deftination, where the per-
fons called to the fucceilion are fubftituted one after
another, without any reftraint laid on the exercife of
their property. The heirs, therefore, fucceeding to
fuch eftate, are ablolute fiars, and confequently may
alter the deftination at pleafure.
10. In tailzies with claufes prohibitory, e. g. declar¬
ing that it fhall not be lawful to the heirs to contradl
debts or alien the lands in prejudice of the fuccetfion,
none of the heirs can alien gratuitoufly. But the mem¬
bers of entail may contrail debts which will be effec¬
tual to the creditors, or may difpofe of the eftate for
onerous caufes. In both thefe forts the maker himfelf
may alter the tailzie : except, (1.) Where it has been
granted for an onerous cattle, as in mutual tailzies : or,
(2.) Where the maker is exprefsly difablcd, as well as
the inftitute or the heirs.
1 1. W here a tailzie is guarded with irritant and re¬
folutive claufes, the eftate entailed cannot be carried off
h7:
63o'
A
Law of
Scotland.
Their re
qnifites.
"Heirs of
by tbe debt, or deed, of any of the heirs fucceeding
thereto, in prejudice of the fubftitutes. It was long
doubted, whether fuck tailzies ought to be effedlual,
even wrhere the fuperior’s confent was adhibited 5 be-
caufe they funk the property of eftates, and created a
perpetuity of liferents. They were firft explicitly au¬
thorized by 1685, c. 22. By this ftatute, the entail
muft be regiftered in a fpecial regiller eftablifhed for
that purpofe ; and the irritant and refolutive claufes'
muft be inferted, not only in the procuratories, pre¬
cepts, and feifins, by which the tailzies are firft confti-
tuted, but in all the after conveyances thereof; other-
wife they can have no force againft Angular fuccefibrs.
But a tailzie, even without thefe requifites, is effeblual
againft the heir of the granter, or againfl the inftitute
who accepts of it. It has been found, that an entail,
though completed by infeftment before the aft 1685,
was ineffeftual, becaufe not recorded in terms of the
aft.
12. An heir of entail has full powrer over the en-
entail, their eftate, except in fo far as he is exprefsly fettered $
r°ftrhftions anc^ as enta^s are an unfavourable reftraint upon pro-
perty, and a frequent fnare to trading people, they are
. JlriBifftmi juris; fo that no prohibition or irritancies
are to be inferred by implication. By 10 George III.
c. 51. heirs of entail are entitled (notwithftanding any
reftriftions in the deed of entail) to improve their eftates
by granting leafes, building farm houfes, draining, en-
clofing, and excambing, under certain limitations, and
to claim repayment of three-fourths of the expence from
the next heir of entail.—This aft extends to all tailzies,
whether made prior or pofterior to the 1685.
13. An heir, who counterafts the directions of the
tailzie, by aliening any part of the eftate, charging it
wuth debt, &c. is faid to contravene. It is not the
fimple contrafting of debt that infers contravention j
the lands entailed muft be aftually adjudged upon the
debt contrafted. An heir may, where he is not ex¬
prefsly barred, fettle rational provifions on his wife and
children, without incurring contravention. It is not
quite clear whether the heirs alfo of the contravener
would forfeit their right from the afts or deeds of their
predeceffbr wrhere there is no exprefs claufe in the en¬
tailed fettling it •, and though the words of the aft 1685
(which declares, that entails executed according to the
direftions of it, fhall be eft'eftual not only againft the
contravener and his heirs, but againft creditors), may
feem to favour the idea that heirs alfo would forfeit,
the more favourable opinion has received the fanftion
of our fupreme court. For the greater fecurity, how¬
ever, a claufe is now ufually inferted in tailzies, de¬
claring, that the contravention of the heir in pofieflion
fhall not affeft his defcendants, when fuch is the in¬
tention of the granter.
14. When the heirs of the laft perfon fpecially call¬
ed in a tailzie come to fucceed, the irritancies have no
longer any perfon in favour of whom they can operate,
and confequently, the fee, which was before tailzied,
becomes fimple and unlimited in the perfon of fuch
heirs. By the late aft 20th George II. for abolifning
wardholdings, the king may purchafe lands within
Scotland, notwithftanding the ftrifteft entail; and where
the lands are in the hands of minors or fatuous perfons,
his majefty may purchafe them from the curators or
■guardians. And heirs of entail may fell to their vaf-
i
Contraven¬
tion, by
whom in¬
ferred.
In what
cafes an
heir may
fell.
W. Part III.
fals the fuperiorities belonging to the entailed eftate ; Law of
but in all thefe cafes, the price is to be fettled in the , Scotland.
fame manner that the lands or fuperiorities fold were
fettled before the fale.
15. Rights, not only of land eftates, but of bonds, Rights
are lometimes granted to two or more perfons in con- takfn ln
junft fee. Where a right is fo granted to two ftran-£er^uncl
gers, without any fpecial claufe adjefted to it, each of
them has an equal intereft in the fee, and the part of
the deceafed defeends to his own heir. If the right be
taken to the two jointly, and the longejl liver and their
heirs, the feveral ihares of the conjunft fiars are affeft-
able by their creditors during their lives ; but, on the
death of any one of them, the furvivor has the fee of
the wTole, in fo far as the fhare of the predeceafed re¬
mains free, after payment of his debts. Where the
right is taken to the two in conjunft fee, and to the
heirs of one of them, he to whofe heirs the right is taken
is the only fiar ; the right of the other refolves into a
fimple liferent: yet where a father takes a right to him-
felf and his fon jointly, and to the fon’s heirs, fuch
right being gratuitous, is not underftcod to ftrip the
father of the fee, unlefs a contrary intention fhall plain¬
ly appear from the tenor of the right.
16. Where a right is taken to a hufband and wife,
in conjunft fee and liferent, the hufband, as the perfona
dignior, is the only fiar : the wife’s right refolves into
a liferent, unlefs it be prefumable, from fpecial circum-
ftances, that the fee was intended to be in the wife.
Where a right of moveables is taken to hufband and
wife, the heirs of both fucceed equally, according to
the natural meaning of the words.
17. Heirs of provifion are thofe who fucceed fo any Heirs of
fubjeft, in virtue of a provifion in the inveftiture, orProv*fi°*»
other deed of fettlement. This appellation is given mofl
commonly to heirs of a marriage. Thefe are more fa¬
vourably regarded than heirs by fimple deftination,
who have only the hope of fucceflion ; for heirs of a
marriage, becaufe their provifions are conftituted by an
onerous contraft, cannot be difappointed of them by
any gratuitous deed of the father. Neverthelefs, as
their right is only a right of fucceflion, which is not
defigned to reftrain the father from granting onerous
or rational deeds, he continues to have the full power
of felling the fubjeft, or charging it with debts, unlefs
a proper right of credit be given to the heir by the
marriage contraft, e. g. if thg father fhould oblige him-
felf to infeft the heir in the lands, or make payment of
the fum provided againft a day certain, or when the
child attains a certain age, &c.; for fuch rights, when
perfefted by infeftment, or fecured by diligence, are
effeftual againft all the pofterior deeds , of the father,
even onerous.
18. Though all provifions to children, by a mar-Effefts of
riage contraft conceived in the ordinary form, being Pr?v^'lon t0
merely rights of fuccefllon, are poftponed to every one-c^^ren*
rous debt^of the granter, even to thofe contrafted po-
fterior to the provifions; yet where a father executes a
bond of provifion to a child aftually exifting, whether
fuch child be the heir of a marriage or not, a proper ,
debt is thereby created, which,. though it be without
doubt gratuitous, is not Only effeftual againft the fa¬
ther hirnfelf and his heirs, but is not reducible at the
inftance even of his prior onerous creditors, if he was
folvent at the time of granting it. A father may, not-
withftanding,
Chap. II. L A W. gQr
Law of witManding a firil niarrlage contract, fettle a jointure
. ScotJari|l- on a fecond wife, or provide the children of a fecond
"v marriage j for fuch fettlements are deemed onerous ;
but where they are exorbitant, they will be redri&ed
to what is rational: and in all fuch fettlements, where
the provifions of the firft marriage contract; are en¬
croached upon, the heirs of that marriage have recourfe
againd the father, in cafe he Ihould afterwards acquire
a feparate eftate, which may enable him to fulfil both
obligations.
Provifion 19. In marriage contradls, the conqued, or a certain
to heus. part of it, is frequently provided to the iffue 5 by which
is underdood whatever real addition fliall be made to
the father’s edate during the marriage by purchafe or
donation. Conqued therefore mud be free, i. e. wdiat
remains after payment of debts due by the father. As
in other provifions, fo in conqued, the father is dill
fiar, and may therefore difpofe of it for onerous or ra¬
tional caufes. Where heritable rights are provided to
the Zieirs of a marriage, they fall to the elded fon, for
he is the heir at law in heritage. Where a fum of money
is fo provided, the word Zieir is applied to the fubjeft
of the provifion, and fo marks out the executor, who
is the heir in moveables. When an heritable right is
lo bairns, provided to the bairns (or ifiue) of a marriage, it is di¬
vided equally among the children, if no divifion be
made by the father; for fuch dedination cuts off the
exclufive right of the legal heir. No provifion granted
to bairns gives a fpecial right of credit to any one
child as long as the father lives : the right is granted
familice; fo that the whole mud indeed go to one or
other of them j but the father has a pow’er inherent in
him, to divide it among them in fuch proportions as he
thinks bed, yet fo as none of them may be entirely
excluded, except in extraordinary cafes.
Claufe of 20. A claufe of return is that, by which a fum in a
return. bond or other right, is in a certain event limited to
return to the granter himfelf, or his heirs. When a
right is granted for onerous caufes, the creditor may
defeat the claufe of return, even gratuitoufly. But,
where the fum in the right flows from the granter, or
where there is any other reafonable caufe for the pro¬
vifion of return in his favour, the receiver cannot difap-
point it gratuitoufly. Yet fince he is fiar, the fum may
be either affigned by him for an onerous caufe, or af-
fedled by his creditors.
•Heirs. 21. An heir is, in the judgement of law, eadem per-
fona cum defunBo, and fo reprefents the deceafed uni-
verfally, not only in his rights, but in his debts : in the
fird view', he is faid to be an heir atfive; in the fecond,
pajjive. From this general rule are excepted, heirs fub-
dituted in a fpecial bond, and even fubdituted in a
difpofition omnium bonorum, to take effeft af. the grant¬
ee’s deaih 5 for fuch fubditutes are confidered as lin¬
gular fucceffors, and their right as an univerfal legacy,
which does not fubjeft the legatee ultra valorem : but
heirs male or of tailzie, though their right be limited to
fpecial fubjedls, are liable, not merely to the extent of
the fubjecd entailed or provided, but in folidimi ; becaufe
Inch rights are defigned to carry a univerfal charadler,
and fo infer a univerfal reprefentation of the granter.
i he heir of line is primarily liable for the debts of his
predeceffor ; for he is the mod proper heir, and fo mud
fee difeuffed before any other can be purfued ; next to
him the heir of conqueil, becaufe he alfo fucceeds to
Vol. XI. Part II.
the univerfuas of the whole heritable rights which his Law of
predeceffor had acquired by lingular titles 5 then, the Scotland.
heir male, or of a marriage ; for their propinquity of
blood fubjedls them more directly than any other heir
of tailzie, who may pofiibly be a dranger 5 and who for '
that realon is not liable to be difeuffed, except for fuch
of the predeceffor’s debts or - deeds as relate fpecially
to the lands tailzied j as to which he is liable even be¬
fore tbe heir of line. Heirs portioners are liable pro
rata for their predeceffor’s debts; but if any of them
prove infolvent, the creditors may, after difeufling her,
infid for her fliare againd the red, who will be liable
in fo far as they are lucratce by the fucceffion. Where
an heir, liable fubjidarie, pays the predeceffor’s debt,
he has relief againd the heir who is more dired-
ly liable, in refped of whom he is not co-heir, but
creditor.
22. Before an heir can have an adive title to his an-
ceftor’s rights, he mud be entered by fervice and re¬
tour. He w'ho is entitled to enter heir, is, before his
adual entry, called apparent heir. The bare right of Apparent
apparency carries certain privileges with it. An ap- heirs,
parent heir may defend his ancedor’s titles againd
any third party who brings them under challenge. Te¬
nants may fafely pay him their rents ; and after they
have once acknowledged him by payment, he may
compel them to continue it; and the rents not uplift¬
ed by the apparent heir belong to his executors, upon
his death.
23. As an heir is, by his entry, fubjeded univerfally Jus deli-
to his ancedor’s debts, apparent heirs have therefore a berandi.
year (annus deliberandi) allowed to them from the an¬
cedor’s deceafe, to deliberate whether they will enter
or not: till the expiry of which, though they may
be charged by creditors to enter, they cannot be fued
in any procefs founded upon fuch charge. Though
declaratory adions, and others which contain no per-
fonal conclufion, may be purfued againd the apparent
heir without a previous charge, adion does not lie
even upon thefe, within the year, if the heir cannot
make the proper defences without incurring a paffive
title. But judicial Tales, commenced againd an ancef-
tor, may by fpecial ad of federunt be continued upon
a citation of the heir, without waiting the year of de¬
liberating. This annus deliberandi \s computed, in the
cafe of a podhumous heir, from the birth of fuch heir.
An apparent heir, who, by immixing with the eftate
of his ancedor, is as much fubjeded to his debts as if
he had entered, can have no longer a right to delibe¬
rate whether he will enter or not.
24. Ad ^erv’ces Proceed brieves from the chan-Service of
eery, which are called brieves of inqueji, and have been iieir5»
long known in Scotland. The judge, to whom the
brief is direded, is required to try the matter by an in-
qued of 15 dvorn men. The inqued, if they find
the claim verified, mud declare the claimant heir to the
deceafed, by a verdid or fervice, which the judge mud
atted, and return the brief, with the fervice proceeding
on it, to the chancery j from which an extrad is ob
tained called the retour of the fervice.
25* I he fervice of heirs is e\thex general or fi>ecza/t gener&l siiti
A general fervice veds the heir in the right of all he- fyedal.
ritable fubjeds, which either do not require feifin, or
which have not been perfeded by feifin in the perfon of
the ancedor. ; A -public right, therefore, according- tef
4 ^ the
682
L A W.
Part III.
Law of
Scotland.
Entry by
inventory.
tlic feudal law, though followed by feifxn, having
no legal effe£ts till it be confirmed by the fuperior,
mull, as a perfonal right, be carried by a general fer-
vice. A fpeciai fervice, followed by feilin, veils the
heir in the right of the fpeciai fubje&s in which the
ancefior died infeft.
26. If an heir, doubtful whether the eftate of his
ancellor be fufficient for clearing his debts, lhall, at any
time within the annus deliberandi, exhibit upon oath a
full inventory of all his anceftor’s heritable fubjefts to
the clerk of the Ihire where the lands lie j or, if there is
no heritage requiring feifin, to the clerk of the ihire
where he died •, and if, after the fame is. fubfcribed by
the iheriff or Iheriff-depute, the clerk, and himfelf, and
regiftered in the iheritf’s books, the extraft thereof
I hall be regifiered within forty days after expiry of the
annus deliberandi in the general regiller appointed for
that purpofe, his fubfequent entry will fubjefl him no
farther than to the value of fuch inventory. If the in¬
ventory be given up and regiftered within the time
prcfcribed, the heir may ferve ©n it, even after the
year.
27. Creditors are not obliged to acquiefce in the va-
'lue of the eftate given up by the heir ; but, if they be
real creditors, may bring the eftate to a public fale, in
order to dilcover its true value ; fince an eftate is al¬
ways worth what can be got for it. An heir by in¬
ventory, as he is in effe<ft a truft«e for the creditors,
n»uft account for that value to which the eftate may
have been improved fince the death of the anceftor, and
be mull communicate to all the creditors the cafes he
has got in Iran failing with any one of them.
Entry upon 28. Pra&ice has introduced an anomalous fort of
a precept of entry, without the interpofition of an inqueft, by the
clave con- f0}e COnfent of the fuperior j who, if he be fatisfied that
the perfon applying to him is the next heir, grants
him a precept (called of dare conjlat, from the firft words
of its recital), commanding his bailie to infeft him in
the fubjefls that belonged to his anceftor. The heir,
by taking feifin on this precept, becomes pajjtve, liable
for all the debts of his anceftor j and on the other
hand, acquires an active title, as to the fubjefts con¬
tained in the precept in queftions with the fuperior or
his heirs •, and they may, when followed by feifin, af¬
ford a title of prefcription : But as no perfon can be
declared an heir by private authority, they cannot bar
the true heir from entering after 20 years, as a legal
entry would have done j the true heir, in fuch cafe,
having it ftill in his power to fet afide that right, and
obtain diimfelf regularly ferved at any time within the
years of prefcription. Of the fame nature is the entry
by hafp and ftaple, commonly ufed in burgage tene¬
ments of houfes •, by which the bailie, without calling
an inqueft, cognofces or declares a perfon heir, upon
evidence brought before himfelf; and, at the fame
time, infefts him in the fubjeft, by the fymbol of the
hafp and ftaple of the door. Charges given by credi¬
tors to apparent heirs to enter, ftand in the place of an
a&ual entry, fo as to fupport the creditor’s diligence
(clxxii. 2.)
29. A general fervice cannot include a fpeciai one j
fince it has no relation to any fpeciai fubjeff, and car-
dUafoLSe" ries only that clafs of rights on which feifin has not
proceeded : but a fpeciai fervice implies a general one
of the fame kind or charafter, and confequently carries
fiat,
Entry by
hafp and
ftaple.
A fpeciai
fcrvice in-
even fuch rights as have not been perfeeled by feifin. Law of
Service is not required to efta'fiifh the heir’s right in Scotland,
titles of honour, or offices of the higheft dignity j for ^ v
thefe defeend jure fanguinis.
30. An heir, by immixing with his anceftor’s eftate Paffive ti-
without entry, fubje&s himfelf to his debts, as if he had t’es-
entered ; or, in our law phrafe, incurs a paffive title.
The only paftive title by which an apparent heir be¬
comes liable univerfally for all his anceftor’s debts, is
gejlio pro hcerede, or his behaving as none but af) heir
has right to do. Behaviour as heir is inferred from t\\eGeJliopro
apparent heir’s intromilfion, after the death of the an- hxrecie.
ceftor, with any part of the lands or other heritable fub-
jedts belonging to tlie deceafed, to which he himfelf
might have completed an active title by entry.
31. This paflive title is excluded, if the heir’s in-
tromiflion be by order of law -} or if it be founded on
lingular titles, and not as heir to the deceafed. But
an apparent heir’s purchafing any right to his ancef¬
tor’s eftate, othenvife than at public roup (audlion),
or his poflfefting it in virtue of rights fettled in the per¬
fon of any near relation of the anceftor, to whom he
himfelf may fucceed as heir, otherwife than upon pur-
chafe by public fale, is deemed behaviour as heir.
32. Behaviour as heir is alfo excluded, where the in¬
tromilfion is fmall, unlefs an intention to defraud the
anceftor’s creditors be prefumable from the circum-
ftances attending it. Neither is behaviour inferred
againft the apparent heir, from the payment of his an¬
ceftor’s debt, which is a voluntary adf, and profitable
to the creditors : nor by his taking out of brieves to
ferve ; for one may alter his purpofe, while it is not
completed: nor by his affuming the titles of honour
belonging to his anceftor, or exerciling an honorary
office hereditary in the family j for thefe are rights an¬
nexed to the blood, which may be ufed without pro¬
per reprefentation. But the exercifing an heritable of¬
fice of profit, which may pafs by voluntary conveyance,
and confequently is adjudgeable, may reafonably be
thought to infer a palfive title. Laftly, As palfive titles
have been introduced, merely for the fecurity of cre¬
ditors $ therefore, where queftions concerning beha¬
viour arife among the different orders of heirs, they are
liable to one another no farther than in valorem of their
feveral intromilfions.
33. Another palfive title in heritage, may be incur- Prxceptio
red by the apparent heir’s accepting a gratuitous right kxreditath,
from the anceftor, to any part of the eftate to wdiich
he himfelf might have fucceeded as heir •, and it is call¬
ed preeceptio hcereditatis, becaufe it is a taking of the fuc-
celfion by the heir before it opens to him by the death
of his anceftor. If the right be onerous, there is no
palfive title j if the confideration paid for it does not
amount to its full value, the creditors of the deceafed
may reduce it, in fo far as it is gratuitous, but ftill it
infers no paflive title.
34. The heir incurring this paflive title is no farther
liable, than if he had at the time of his acceptance
entered heir to the granter, and fo fubje&ed himfelf
to the debts that were then chargeable againft him ;
but with the pofterior debts he has nothing to do, not
even with thofe contra&ed between the date of the
right and the infeftment taken upon it, and he is
therefore called fuccejjbr litulo lucrative pojl contrafilum
debitum.
35. Neither
Chap. II.
A \V.
Law of
Scotland.
Other paf-
five titles.
35. Neither of thefe paflive titles takes place, unlefs
# the fubjeft intermeddled with or difponed be fuch as
the intromitter or receiver would fucceed to as heir.
In this alfo, thefe two paflive titles agree, that the in-
tromiflion in both muft be after the death of the ancef-
tor ; for there can be no termini Jiabiles of a paflive
title, while the anceftor is alive. But in the following
refpeft they differ : Gejlio pro hcerede, being a vicious
paffive title founded upon a quafi delift, cannot be ob-
jefted againft the delinquent’s heir, if procefs has not
been litifeontefted while the delinquent himfelf was
alive j whereas the fucceffbr titulo lucrative is by the ac¬
ceptance of the difpofition underftood to have entered
into a tacit contraft with the granter’s creditors, by
which he undertakes the burden of their debts 5 and
all actions founded on contract are tranfmiflible againft
heirs.
36. An apparent heir, who is cited by the anceftor’s
creditor in a procefs for payment, if he offers any pe¬
remptory defence againft the debt, incurs a paflive
title ; for he can have no intereft to object againft it,
but in the chara&er of heir. In the fame manner, the
heir’s not renouncing upon a charge to enter heir, in¬
fers it : But the effeft of both thefe is limited to the
fpecial debt purfued for, or charged upon. This paf¬
live title, -which is inferred from the heir’s not renoun¬
cing, has no effedl till decree pafs againft him j and
even a renunciation offered after decree, if the decree
be in abfence, will entitle the heir to a fufpenfion of all
diligence againft his perfon and eftate, competent upon
his anceftor’s debts.
37. By the principles of the feudal law, an heir,
when he is to complete his titles by fpecial fervice, muft
neceffarily pafs over his immediate anceftor, e. g. his
father, if he was not infeft *, and ferve heir to that an¬
ceftor who was laft veil and feized in the right, and in
whofe hezreditatis jaccns the right muft remain, till a title
be connected thereto from him. As this bore hard
upon creditors who might think themfelves fecure in
contra6ling with a perfon whom they faw for fome
time in the poffeflion of an eftate, and from thence con¬
cluded that it was legally veiled in him j it is there¬
fore provided by aft 1695, that every peifon, palling
over his immediate anceffor who had been three years
in poffeflion, and ferving heir to one more remote,
fliall be liable for the debts and deeds of the perfon
interjefted, to the value of the eftate to which he is
ferved. This being correftory of the feudal maxims,
has been ftriftly interpreted, fo as not to extend to the
gratuitous deeds of the perfon interjefted, nor to the
cafe wrhere the interjefted perfon was a naked liar, and
poffeffed only civilly through the liferenter.
Reduftion 38- Our law, from its jealoufy of the weaknefs of
by the heir mankind while under fteknefs, and of the importunity
ex capite of friends on that occalion, has declared that all deeds
affefting heritage, if they be granted by a perfon on
deathbed, (i. e. after contrafting that licknefs which
ends in death), to the damage of the heir, are ineffec¬
tual, except where the debts of the granter hare laid
him under a neceflity to alien his lands. As this law
of deathbed is founded folely in the privilege of the
heir, deathbed deeds, when confented to by the heir,
are not reducible. The term properly oppofed to
deathbed is liege poujhe, by which is underftbod a Hate
of health j and it gets the name, becaufe perfons in
68
6
Law of
Scotland.
health have the legitima pote/las, or lawful powder, of
difpoling of their property at pleafure. v 
39. The tw?o extremes being proved, of the granter’s con
ficknefs immediately before figning, and of his death ftitutes a
following it, though at the gfeateft diftance of time, deathbed
did, by our former law, found a prefumption that the'*66'*'
deed was granted on deathbed, which could not have
been elided but by a pofitive proof of the granter’s
convalefcence j but now the allegation of deathbed is
alfo excluded, by his having lived 60 days after fign¬
ing the deed. The legal evidence of convalefcence is
the granter’s having been, after the date of the deed,
at kirk OR market unfupported j for a proof of either
will fecure the deed from challenge. The going to
kirk or market muft be performed when the people
are met together in the church or churchyard for any
public meeting, civil or ecclefiaftical, or in the mar¬
ket place at the time of public market. No other
proof of convalefcence is receivable, becaufe at kirk
and market there are always prefent unfufpefted wit-
neffes, which we can hardly be fure of in any other
cafe.
40. The privilege of fetting afide deeds ex capite^o-wh&t
letdi, is competent to all heirs, not to heirs of line only,*1611”5 t^is
but of conqueft, tailzie, or provifion ; not only to the competent ^
immediate, but to remoter heirs, as foon as the fuccef- ^
fion opens to them. But, where it is confented to
or ratified by the immediate heir, it is fecured againft
all challenge, even from the remoter. Yet the imme¬
diate heir cannot, by any antecedent writing, renounce
his right of reduftion, and thereby give ftrength to
deeds that may be afterwards granted in leEio to his
hurt; for no private renunciation can authorize a per¬
fon to aft contrary to a public law ; and fuch renuncia¬
tion is prefunaed to be extorted through the fear of
exheredation. If the heir fhould not ufr this privilege
of reduftion, his creditor may, by adjudication, tranf-
fer it to himfelf 5 or he may, without adjudication,
reduce the deed, libelling upon his interell as credi¬
tor to the heir : But the granter’s creditors have no
right to this privilege, in regard that the law of death¬
bed was introduced, not in behalf of the granter him¬
felf, but of his heir.
41. The law of deathbed ftrikes againft: dlfpofitions^*1^ rights
of every fubjeft to which the heir would have fucceed-y*16 t*lus
ed, or from which he would have had any benefit, had a 1 e’
it not been fo difponed. Deathbed deeds granted in
confequence of a full or proper obligation in liege pou-
Jfte, are not fubjeft to reduftion *, but, where the an¬
tecedent obligation is merely natural, they are reducible.
By ftronger reafon, the deceafed cannot, by a deed
merely voluntary, alter the nature of his eftate on death¬
bed to the prejudice of his heir, fo as from heritable
to make it moveable \ but if he (hould, in liege peuflie,
exclude his apparent heir, by an irrevocable deed con¬
taining referved faculties, the heir cannot be heard to
quarrel the exercife of thefe faculties on deathbed.
42. In a competition between the creditors of the
deceafed and of the heir, our law (aft 1661) has
juftly preferred the creditors of the deceafe4, as every
man’s eftate ought to be liable, in the firft place, for
his own debt. But this preference is, by the ftatute,
limited to the cafe where the creditors of the deceafed
have ufed diligence againft their debtor’s eftate, with¬
in three years from his death j and therefore the heir’s
4 R 2 creditors
684
L A W.
Part ITT.
Law of creditors after that period, affect it for their
acotlaruf. own payment. All difpofitions by an heir, of the
anceltor’s eftate, within a year after his death, are
null, in fo far as they are hurtful to the creditors of
the anceltor. This takes place, though thefe credi¬
tors fhould have ufed no diligence, and even where
the difpofitions are granted after the year: It is
thought they are ineffectual againft the creditors of
the deceafed who have ufed diligence within the three
years.
elxxxi..
Sect. XXL Of SucceJJlon in Moveables.
Moveable
fucceffion
by law.
1. In the fucceffion of moveable rights, it is an univer-
fal rule, that the next in degree to the deceafed (or
next of kin) flicceeds to the whole ; and jf there are
two or more equally near, all of them fucceed by equal
parts, without that prerogative, which takes place in
heritage, of the eldeft fon over the younger, or of males
over females. Neither does the right of reprefenta-
tion (explained N° clxxx. 4.) obtain in the. fucceffion
of moveables, except in the fingle cafe of a competi¬
tion between the full blood and the half blood 5 for a
niece by the full blood will be preferred before a bro¬
ther by the half blood, though fhe is by one degree
more remote from the deceafed than her uncle. Where
the eftate of a perfon deceafed confifki partly of he¬
ritage, and partly of moveables, the heir in the heri¬
tage has no fhare of the moveables, if there are others
as near in degree to the deceafed as himfelf : But where
the heir, in fuch cafe, finds it his intereft to renounce
his exclufive claim to the heritage, and betake himfelf
to his right as one of the next of kin, he may collate
or communicate the heritage with the others, who in
their turn muft collate the moveables with him •, fo
that the w’hole is thrown into one mafs, and divided
equally among all of them. This dodlrine holds, not
only in the line of defcendants, but of collaterals ; for
it w^as introduced, that the heir might in no cafe be
worfe than the other next of kin.
2. One may fettle his moveable eftate upon whom
in move- ke pleafes, excluding the legal fucceffor, by a tefta-
<^~ ment j which is a written declaration of what a per¬
fon wills to be done with his moveable eftate after his
death. No teftamentary deed is effedlual till the death
of the teftator ; who may therefore revoke it at plea-
fure, or make a new one,. by which the firft lofes its
force, according to the rule, voluntas tejlatoris ejl am-
bulatoria ufque ad mortem; and hence teftaments are
called Iqjl or latter •wills. Teftaments, in their ftridl
acceptation, muft contain a nomination of executors, i. e.
of perfons appointed to adminifter the fucceffion ac¬
cording to the wdll of the deceafed : Yet nothing hin¬
ders one from making a fettlement of moveables, in fa¬
vour of an univerfal legatee, though he fhould not have
appointed executors ; and on the other part, a tefta-
ment where executors are appointed is valid, though
the perfon who is to have the right of fucceffion fhould
not be named. In this laft cafe, if the executor nomi¬
nated be a ftranger, i. e. one who has no legal intereft
in the moveable eflate, he is merely a truft.ee, account¬
able to the next of kin ; but he may retain a third of
the dead’s part (explained par. 6.) for his trouble in
executing the teftament: in payment of which, lega¬
Succeflion
»i nation.
cies, if any be left to him, muft be imputed. The Law of
heir, if he be named executor, has right to the third Scotland,
as a ftranger •, but if one be named who has an intereft v
in the legal fucceffion, he has no allow-ance, unlefs fuch
intereft be lefs than a third. Nuncupative or verbal
teftaments are not, by the law of Scotland, eftedlual
for fupporting the nomination of an executor, let the
fubjedl of the fucceffion be ever fo fmall : But verbal
legacies, not exceeding 100I. Scots, are fuftained : and
even where they are granted for more, they are inef-
fedlual only as to the excefs.
3. A legacy is a donation by the deceafed, to be legacy.-
paid by the executor to the legatee. It may be grant¬
ed either in the teftament or in a feparate writing.
Legacies are not due till the granter’s death j and
consequently they can tranfmit no right to the exe¬
cutors of the legatee, in the event that the granter
furvives him. A cafe occurred feme years ago, where
a teftator left a legacy payable when the legatee arriv¬
ed at a certain age. The legatee furvived the tefta¬
tor, but died before the legacy was payable. It was
found, chiefly upon the authority of the Roman law,.,
that the legacy veiled in the legatee a morte tefatoris,
and upon his deceafe was due to the legatee’s next of
kin.
4. Legacies, where they are general, i. e. of a cer¬
tain fum of money indefinitely, give the legatee no.
right in any one debt or fubjedl j he can only infift in
a perfonal adlion againft the executor for payment out
of the teftator’s effedls. A fpecial legacy, i. e. of a«
particular debt due to the deceafed, or of a particular.-
fubjedl belonging to him, is of the nature of an affig-
nation, by which the property of the fpecial debt or-
fubjedl veils, upon the teftator’s death, in . the legatee,
wdio can therefore diredlly. fue the debtor or pofleflbr: .
Yet as no legacy can be claimed till the debts are paid,
the executor muft be cited in fuch procefs, that it may
be known, whether there are free effedls fufficient for
anfwering the legacy. Where there is not enough forr
payment of all the legacies, each of the general lega¬
tees muft fuffer a proportional abatement: But a fpe¬
cial legatee gets his legacy entire, though there Ihould
be nothing over for payment of the reft j and, on
the contrary, he has no claim, if the debt or fubjedt
bequeathed Ihould perilh, whatever the extent of the
free executry may be.
5. Minors, after puberty, can tell without their cu-Wl10 can
rators, wives without their hufbands, and perfons iH'^der^what
terdidled without their interdidlors : but baftards can- reftaftrom',
not tell, except in the cafes afterwards fet forth, N°
clxxii. 3. As a certain lhare of the goods, falling under
the communion that is conlequent on marriage, belongs,
upon the hulband’s deceafe, to his Widow, jure reliBce,
and a certain (hare to the children, called the legitime,
portion natural, or bairns part of gear ; one who has a
wife or children, though he be the abfolute adminiftra-
tor of all thefe goods during bis life, and confequently
may alien them by a deed inter vivos, in liege pou/lie,
even gratuitoully, if no fraudulent intention to disap¬
point the wife or children (hall appear, yet cannot im¬
pair their (hares gratuitoufly on deathbed : nor can-
he difpofe of his moveables to their prejudice by tella-
ment, though it'lliould be made in liege pouf ie ; fince
tellaments do not operate till the death of the teftator,
at
Chap. II. ' L. A
Law of at which period the dlvifion of the goods in communion
Scotland. have their full effect in favour of the widow and chil-
1 v ' dren.
Divifion of 6. If a perfon deceafed leaves a widow, but no child,
a tefta- ys teflament, or, in other words, the goods in com¬
munion, divide in two : one half goes to the widow :
the other is the dead’s part, i. e. the abfolute property
of the deceafed, on which he can teft, and which falls
to his next of kin, if he dies inteftate. Where he leaves
children, one or more, but no widow, the children get
one half as their legitime : the other half is the dead’s
part; which falls alfo to the children, if the father has
not tefted upon it. If he leaves both wddow and chil¬
dren, the divifion is tripartite : the wife takes one third
by herfelf *, another falls, as legitime, to the children
equally among them, or even to an only child, though
he Ihould fucceed to the heritage 5 the remaining third
is the dead’s part. Where the wife predeceafes with¬
out children, one half is retained by the hulband, the
other falls to her next of kin : Where die leaves chil¬
dren, the divilion ought alfo to be bipartite, by the
common rules of fociety, fince no legitipre is truly due
on a mother’s death : yet it is in 'pra&ice tripartite ;
two-thirds remain with the furviving father, as if one-
third were due to him proprio nt>mme, and another as
adminillrator of the legitime for his children 5 the re¬
maining third, being the wife’s (hare, goes to her chil¬
dren, whether of that or any former marriage 5 for they
are all equally her next of kin.
What debts y. Before a teftament can be divided, the debts ow-
aft'edt the jng deceafed are to be deducted ; for albexecu-
cxecutty. ^ mufl- be free- As the hulband has the full powder
of burdening the goods in communion, diis debts aife^l
the wdiole, and fo leffen the legitime and the (hare of
the reli£t, as well as the 'dead’s part. His funeral
charges, and the mournings and alimony due to the
widow, are confidered as his proper debts ; but the le¬
gacies, or other gratuitous rights granted by him on
deathbed, affeft only the dead’s part. Bonds bearing
interelb, dtie by the deceafed, cannot diminilh the re¬
lief’s lhare, becaufe fuch bonds, when due to the de¬
ceafed, do not in'creafe it. The funeral charges of the
wife predecealing, fall wholly on her executors, who
have right to her lhare. Where the deceafed leaves no
family, neither hulband, wife, nor child, the telfament
fuffers no diviHon, but all is the dead’s part.
8. The whole ifl'ue of the huiband, not only by that
marriage which was diffolved by his death, but by any'
former marriage, has an equal intereft in the legitime }
otherwife the children of the firft marriage wmuld be
cut out, as they could not claim the legitime during
their father’s life. But no legitime is due, (1.) Upon
the death of a mother. (2.) Neither is it due to grand¬
children, upon the death of a grandfather. Nor, (3.)
To children forisfamiliated, i. e. to fuch as, by having
renounced the legitime, are no longer confidered as in
fami/ia, and fo are excluded from any farther (hare of
the moveable eftate than they have already received.
Remmcia- . g. As the right in legitime is (frongly founded in
non or the natUre, the renunciation of it is not to be inferred by
* 11 e' implication. Renunciation by a child of his claim of
legitime has the fame effefl: as his death, in favour of
the other children entitled thereto 5 and confequently
the (hare of the renouncer divides among the Teft ; but
lie does not thereby lofe his right to the dead’s partj if
W. 6S5:
he does not alio renounce his (hare in the father’s exe-: Law of
cutry. Nay, his renunciation ot the legitime, where, Scotland.^
he is the only younger child, has the eftedf to convert
the whole fubjecf thereof into dead’s part, which will
therefore fall to the renouncer bitnfelf as next of kin,
if the heir be not willing to collate the heritage with
him. Yet it has been found that the renunciation of
the only younger child made the whole legitime ac¬
crue to the heir without collation.
10. For preferving an equality among all the chil-Collation!
dren who continue entitled to the legitime, we have'among
adopted the Roman doctrine of collatio bonorum;
whereby the child, who has got a provision from his
father, is obliged to collate it with the others, and im¬
pute it towards his own (hare of the legitime ; but if
from the deed of provifion, the father (hall appear to
have intended it as a prcecipuuni to the child, collation
is excluded. A child is not bound to collate an heri¬
table fubjeff provided to him, becaufe the legitime is
not impaired by fuch provifion. As this collation takes
place only in queftions among children who are entitled
to the legitime, the relief is'not bound to collate dona¬
tions given her by her hulband, in order to increaie the
legitime p and on the other part, the children are not
obliged to collate their provifions, in order to increafe
her (hare. •
ix. As an heir in heritage muft complete his titlesConfirma-
by entry, fb an executor is not vetted in the right of thetlon'
moveable eftate of the deceafed without confirmation.
Confirmation is a fentence of the commlffary or biftiop’s
court, empowering an executor, one or more, upon mak¬
ing inventory of the moveables pertaining to the de¬
ceafed, to recover, poffefs, and adminifter them, either
in behalf of themfelves, or of others interefted therein.
Teftaments muft be confirmed in the comnvffariot
where the deceafed had his principal dwelling houfe at
his death. If he had no fixed refidence, or died in a
foreign country, the confirmation muft be at Edinburgh,
as thp commune forum ; but if he wenc abroad with an
intention to return, the commiffariot within which he
refided before he left Scotland, is the only proper
court. ' ' . ..
12. Confirmation proceeds upon an edift, which is
affixed on the door of the pariih church where the de¬
ceafed dwelt, and ferves to intimate to all concerned
the day of confirmation, which muft be nine days at-
lead after publilhing the edift. In a competition for
the office of executor, the commiflary prefers, primo
loco, the perfon named to it by the deceafed himfelf,
whofe nomination he ratifies or confirms, without any
previous decerniture : this is called the confirmation of
a teftament teftamentary. In default of an executor
named by the deceafed, univerfal difponees are by the
prefent pra£lice preferred \ after them the next of kin 5
then the relift 5 then creditors 5 and, laftly, fpecial le¬
gatees. All thefe muft be decerned executors, by a
fentence ctWhA 2. decree-dative; and if afterwards they-
incline to confirm, the commiffary authorizes them to
adminifter, upon their making inventory, and giving -
fecurity to make the fubjeft thereof forthcoming to all
having intereft ; which is called the confirmation of a
teftament dative.
13. A creditor, whofe debtor’s teftament is already
confirmed, may fue the executor, who holds the 0fficeecutor-tre=.-
for all concerned, to make payment of his debt. Wherg^;tor>
there..
Confirma-
686 L A
'there is ns confirmation, he hinifelf may apply for the
office, and confirm as executor-creditor j which entitles
him to fue for and receive the fubjeft confirmed, for
his own payment : and where one applies for a confir¬
mation as executor-creditor, every co-creditor may ap¬
ply to be conjoined with him in the office. As this
kind of confirmation is limply a form of diligence, cre¬
ditors are exempted from the neceffity of confirming
more than the amount of their debts.
14. A creditor, whofe debt has not been conflituted
or his claim not clofed by decree, during the life of his
debtor, has no title to demand dire&ly the office of
executor qua creditor: but he may charge the next of
kin who Hands off, to confirm, who mull either re¬
nounce within twenty days after the charge, or be liable
for the debt; and if the next of kin renounces, the pur-
fuer may conllitute his debt, and obtain a decree cogni-
tionis caufa, againft the hareditor jacens of the move¬
ables, upon which he may confirm as executor-creditor
to the deceafed. Where one is creditor, not to the
deceafed, but to his next of kin who Hands off from
confirming, he may affedt the moveables of the de¬
ceafed, by obtaining himfelf decerned executor-dative
to the deceafed, as if he were creditor to him, and not
to his next of kin.
15. Where an executor has either omitted to give up
tinnadomif-ZTty Q£ belonging to the deceafed in invento¬
ry, or has ellimated them below their juft value, there
Is place for a new confirmation, ad omijfa, vel male ap-
prstiata, at the fuit of any having intereft •, and if it
appears that he has not omitted or undervalued any
fubjedl dolose, the commiffary will ordain the fubjedls
omitted, or the difference between the eftimations in
the principal teftament and the true values, to be added
thereto $ but if dole lhall be prefumed, the whole fub-
jedl of the teftament ad omijfa vel male appretiata, will
be carried to him who confirms it, to the exclulion of
the executor in the principal teftament.
16. The legitime and reli&’s lhare, becaufe they are
rights ariling ex lege, operate ipfo jure, upon the father’s
death, in favour of the relidl and children ; and confe-
quently pafs from them, though they Ihould die before
confirmation, to their next of kin: whereas the dead’s
part, which falls to the children or other next of kin in
the way of fucceffion, remains, if they Ihould die before
confirming, in bonis of the firft deceafed $ and fo does
not defcend to their next of kin, but may be confirmed
by the perfon who, at the time of confirmation, is the
next of kin to the firft deceafed. Special affignations,
though neither intimated nor made public during the
life of the granter, carry to the affignee the full right
of the fubjefls affigned, without confirmation. Special
legacies are really affignations, and fo fall under this
rule. The next of kin, by the bare poffeffion of the
ipfa corpora of moveables, acquires the property there¬
of without confirmation, and tranfmits it to his execu¬
tors.
Partial con- 17* The confirmation of any one fubje£l by the next
filination. of kin, as it proves his right of blood, has been ad¬
judged to carry the whole executry out of the tefta¬
ment of the deceafed, even what was omitted, and to
tranfmit all to his own executors. The confirmation
of a ftranger, who is executor nominated, as it is
merely a truft for the next of kin, has the effeft to
eftablilh the right of the next of kin to the fubjetts
3
Legitime
\5c. tranf¬
mit with¬
out confir¬
mation.
W,. Part III,
confirmed, in the fame manner as if himfelf had con- Law of
firmed them. Scotland
iS. Executry, though it carries a certain degree of^- v_
reprefentation of the deceafed, is properly an office : how far**'
executors therefore are not fubjefted to the debts due liable,
by the deceafed, beyond the value of the inventory ^
but, at the fame time, they are liable in diligence for
making the inventory effedlual to all having intereft.
An executor-creditor who confirms more than his debt
amounts to, is liable in diligence for what he confirms.
Executors are not liable in intereft, even upon fuch
bonds recovered by them as carried intereft to the de¬
ceafed, becaufe their office obliges them to retain th«
fums they have made effeftual, in order to a diftribu-
tion thereof among all having intereft. This holds
though they ftiould again lend out the money upon in¬
tereft, as they do it at their own rilk.
19. There are certain debts of the deceafed called In what
privileged debts, which were always preferable to every cafes they
othen Under that name are comprehended, medicines ‘
lurniftied to the deceafed on deathbed, phyficians fees ifentence.
during that period, funeral charges, and the rent of his
houfe, and his fervants wages for the year or term cur¬
rent at his death. Thefe the executors are in fafety
to pay on demand. All the other creditors, who ei¬
ther obtain themfelves confirmed, or who cite the exe¬
cutor already confirmed, within fix months after their
debtor’s death, are preferred, paripajfu, with thofe who
have done more timely diligence ; and therefore no exe¬
cutor can either retain for his own debt, or pay a tefta-
mentary debt, fo as to exclude any creditor, who ftiall
ufe diligence within the fix months, from the benefit
of the pan pajfu preference j neither can a decree for
payment of debt be obtained, in that period, againft an
executor, becaufe, till that term be elapfed, it cannot
be known how many cfeditors may be entitled to the
fund in his hands. If no diligence be ufed within the
fix months, the executor may retain for his own debt,
and pay the refidue primo venienti. Such creditors of
the deceafed as have ufed diligence within a year
after their debtor’s death, are preferable on the fub-
je6l of his teftament to the creditors of his next of
kin. #
20. The only paffive title in moveables is vitious in-Viticus in-
tromiflion j which may be defined, an unwarrantable tr0in‘®0,la
intermeddling with the moveable eft ate of a perfon
deceafed, without the order of law. This is not con¬
fined, as the paffive titles in heritage are, to the perfons
interefted in the fucceffion, but ftrikes againft all intro-
mitters whatever. Where an executor confirmed in¬
tromits with more than he has confirmed, he incurs a
paffive title j fraud being in the common cafe prefumed
from his not giving up in inventory the full fubjeft in¬
termeddled with. Vitious intromiffion is alfo prefu¬
med, where the repofitories of a dying perfon are not
fealed up, as foon as he becomes incapable of fenfe,
by his neareft relations j or, if he dies in a houfe not
his own, they muft be fealed by the mafter of fuch
houfe, and the keys delivered to the judge ordinary,
to be kept by him, for the benefit ol all having in¬
tereft.
21. The paffive title of vitious intromiffion does not
take place where there is any probable title or circum-
ftance that takes off the prefumption of fraud. In con-
fequence of this rule, neceffary intromiffion, or cujlodite
caufa%
Chap. II. L
Law of caufa, by the wife or children, who only continue the
Scotland, poffeflion of the deceafed, in order to preferve his goods
Vl _v for the benefit of all concerned, infers no paffive title.
And, upon the fame principle, an intromitter, by con¬
firming himfelf executor, and thereby fubje&ing him-
felf to account, before aflion be brought againft him
on the palftve titles, purges the vitiofity of his prior
intromimon : and where the intromitter is one who is
interefted in the fucceflion, e. g. next of kin, his con¬
firmation, at any time within a year from the death of
the deceafed, will exclude the pafiive title, notwith-
llanding a prior citation. As this paffive title was in¬
tended only for the fecurity of creditors, it cannot be
fued upon by legatees ; and fince it arifes ex deliEio, it
cannot be pleaded againfl the heir of the intromitter.
As in deli£ts, any one of many delinquents may be
fubje&ed to the whole puniffiment, fo any one of many
intromitters may be fued in folidum for the purfuer’s
debt, without calling the reft j but the intromitter who
pays, has an aftion of relief againft the others for their
fliare of it. If the intromitters are fued jointly, they
are liable, not pro rata of their feveral intromiffions,
but pro virili.
Mutual re- 22. The whole of a debtor’s eftate is fubjedled to the
the heir^nd Pa^merit h*s debts j and therefore, both his heirs and
executor! executors are liable for them, in a queftion with credi¬
tors : but a fucceffion is by law divided into the he¬
ritable and the moveable eftate, each of thefe ought, in
a queftion between the feveral fucceffors, to bear the
burdens which naturally affedl it. Atlion of relief is
accordingly competent to the heir who has paid a move-
able debt, againft the executor ; and vice verfa. This
relief is not cut off by the deceafed’s having difponed
either his land eftate or his moveables, with the bur¬
den of his whole debts; for fuch burden is not to be
conftrued as an alteration of the legal fucceffion, but
merely as a farther fecurity to creditors, unlefs the con¬
trary ffiall be prefumed from the fpecial ftyle of the
difpofition.
clxxxii. IV* OF LAST HEIRS AND BASTARDS.
Where I. By our ancient practice, feudal grants taken to the
there is no vaffal, and to a fpecial order of heirs, without fettling
Ibng fuc;6 t^le termination upon heirs whatfoever, returned to
ceeds. t^le fuperior, upon failure of the fpecial heirs therein
contained : but now that feus are become patrimonial
rights, the fuperior is, by the general opinion, held to
be fully divefted by fuch grant, and the right defcends
to the vaffal’s heirs at law. And even where a vaffal
dies without leaving any heir who can prove the re-
moteft propinquity to him, it is not the fuperior, as the
old law flood, but the king, who fucceeds as laft heir,
both in the heritable and moveable eftate of the de¬
ceafed, in confequence of the rule, ^uod nullius ejl, ce-
dit domino Regi.
2. If the lands to which the king fucceeds be
holden immediately of himfelf, the property is confo-
lidated with the fuperiority, as if refignation had been
made in the fovercign’s hand. If they are holden of
a fubieft, the king, who cannot be vaffal to his own
fubjeft, names a donatory *, who, to complete his title,
muft obtain a decree of declaratory 5 and thereafter he
is prefented to the fuperior, by letters of prefentation
from the king under the quarter feal, in which the fupe-
A W. 687
rior is charged to enter the donatory. The whole eftate Law of
of the deceafed is, in this cafe, fubject to his debts, and Scotiaml. t
to the widow’s legal provifions. Neither the king nor v
his donatory is liable beyond the value of the fucceffion.
A perfon who has no heir to fucceed to him, cannot
alien his heritage m leElo, to the prejudice of the
king, who is entitled to fet afide fuch deed, in the cha-
rafter of ultimus heres.
3. A baftard can have no legal heirs, except thofe of King fuc-
his own body j fince there is no fucceffion but by c5e<ls as ul-
the father, and a baftard has no certain father. The^^^'^
king therefore fucceeds to him, failing his lawful iffue, ftard!
as laft heir. Though the baftard, as abfolute proprie¬
tor of his own eftate, can difpofe of his heritage in
liege poujlie, and of his moveables by any deed inter vi¬
vos ; yet he is difabled, ex defedlu nataiium, from be¬
queathing by teftament, without letters of legitimation
from the fovereign. If the baftard has lawful chil¬
dren, he may teft without fuch letters, and name tu¬
tors and curators to his iffue. Letters of legitimation,
let their claufes be ever fo ftrong, cannot enable the
baftard to fucceed to his natural father, to the excluiion
of lawful heirs.
4. The legal rights of fucceffion, being founded in Baftards^
marriage, can be claimed only by thofe who are born in incapable
lawful marriage j the iffue therefore of an unlawful°f !egfa!i ^
marriage are incapable of fucceffion. A baftard is ex-tined, fuc-
eluded, (1.) From his father’s fucceffion; becaufe lawceffion
knows no father who is not marked out by marriage.
(2.) From all heritable fucceffion, whether by the fa¬
ther or mother; becaufe he cannot be pronounced law¬
ful heir by the inqueft, in terms of the brief. And,
(3). From the moveable fucceffion of his mother ; for
though the mother be known, the baftard is not her
lawful child, and legitimacy is implied in all fucceffion
conferred by law, A baftard, though he cannot fuc¬
ceed may fucceed by deftination, where
he is fpecially called to the fucceffion by an entail or
teftament.
5. ^ Certain perfons, though born in lawful marriage, Aliens ean-
are. incapable of fucceffion. Aliens are, from their al-ftot/ucceed
legiance to a foreign prince, incapable of fucceeding in ft1
feudal rights, without naturalization. Children born^ ^ ’
in a foreign ftate, whofe fathers wrere natural born fub-
je&s, and not attainted, are held to be natural born
fubjefls. Perfons educated in, or profeffing, the Popilhr!0r Papitu, .
religion, if they ffiall negle6t, upon their attaining the
age of 15, to renounce its dodrines by a figned declara¬
tion, cannot fucceed in heritage; but muft give place
to the next Proteftant heir, who will hold the eftate
irredeemably, if the Popiffi heir does not, within ten.
years after incurring the irritancy, fign tixz formula pre-
feribed by the ftatute 1700, c. 3.
Chap. III. 0/" Actions.
Hitherto of Perfons, and Rights, the two firft ob-
je61s of law : Actions are its third objeft, whereby per¬
fons make their rights effeflual.
Sect. I. Nature, Divifion, <&c. of ABions. clxxxfii,
i. An action may be defined, A demand regularly made Ar a6Hofi
and infifted in, before the judge competent, for the at-2hag '
tainin
683
Law of
' Scotland.
Divifion. of
r.ctwns.
RedutfHon-
improba-
tion.
Simple re-
duflion.
Grounds of
reduction.
L A
taining or recovering of aright*, and it fuffers feveral
divilicns, according to the different natures of the rights
purfued upon.
2. Adi ions are either real or perfonal. A real
action is that which arifes from a right in the thing it-
• felf, and which therefore may be diredled againft all
pofl’eflbrs of that thing : thus, an action for the recove¬
ry, even of a moveable fubjedf, when founded on a jus
in r<?, is in the proper acceptation real; but real ac¬
tions are, in vulgar fpeech, confined to fuch as are di¬
rected againft heritable fubjeCls. A perfonal aftion is
founded only on an obligation undertaken for the per¬
formance of fome fadl, or the delivery of fome fubjeCt ;
and therefore can be-carried on againft no other than
the perfon obliged, or his heirs.
3. AClions, again, are either ordinary or refeiffory.
All aCtions are, in the fenfe of this divifion, ordinary,
which are not refciflbry. Refciffory aCtions are di¬
vided, (1.) Into aClions of proper improbation. (2.)
ACtions of reduftion-improbation. (3.) ACtions of
fimple reduction. Proper improbations, which are
brought for declaring writings falfe or forged, are no¬
ticed below*, N° clxxxvi. 32. ReduClion-improbation
is an aCtion, whereby a perfon who may be hurt or af¬
fected by a writing, infifts for producing or exhibiting
it in court, in order to have it fet afide, or its effeCt
afeertained, under the certification that the wanting,
if not produced, fhall be declared falfe and forged.
This certification is a fiCtion of law, introduced that
the production of waitings may be more effectually
forced, and therefore it operates only in favour of the
purfuer. Eecaufe the fummons in the aCtion proceeds
on alleged grounds of falfehood, his majefty’s advocate,
who is the public profecutor of crimes, muft concur
in it.
4. As the certification in this procefs draw*s after it
fo heavy confequences, twro terms are afligned to the
defenders for production. After the fecond term is
elapfed, intimation muft be made judicially to the de-
e nder, to fatisfy the production within ten days; and
till thefe are expired, no certification can be pronoun¬
ced. Certification cannot pafs againft deeds record¬
ed in the books of feflion, if the defender fhall, be¬
fore the fecond term, offer a condefcendence of the
dates of their regiftration, unlefs falfehood be object¬
ed : in wdiich cafe, the original muft be brought from
the record to the court. But an extraCt from the in¬
ferior court is no bar to certification ; the principal
writing muft be laid before the court of feffion on a
proper warrant.
5. In an aCtion of fimple reduction the certification
is only temporary, declaring the writings called for
null, until they be produced; fo that they recover
their full force after produCtion, even againft the pur¬
fuer himfelf; for which reafon, that procefs is now
feldom ufed. Became its certification is not fo fevere
as in reduCtion-improbation, there is but one term af-
figned to the defender for producing the deeds called for,
6. The moft ufual grounds of redu&ion of writings
are, the want of the requifite folemnities ; that the gran-
ter was minor, or interdicted, or inhibited ; or that he
figned the deed on deathbed, or was compelled or fright¬
ened into it, or was circumvented ; or that he granted
it in prejudice of his lawfful creditors.
7. In reduflions on the head of force, or fear, 'Or
1
w.
Part III.
fraud and circumvention, the purfuer muft libel the
particular circumftances from which his allegation is
to be proved. ReduClion is not competent upon every v
degree of force or fear; it muft be fuch as would fttake
a man of conftancy and refolution. Neither is it com¬
petent, on that fear wfttich arifes from the juft authority
of hulhands or parents, over their wives or childrea,
nor upon the fear arifing from the regular execution of
law’ful diligence by caption, provided the deeds granted
under that fear relate to the ground of debt contained
in the diligence; but if they have no relation to that
debt, they are reducible ex tnetu.
8. Alienations granted by debtors after contract¬
ing of lawful debts, in favour of conjunCt or confi¬
dent perfons, without juft and neceffary caufes, and
without a juft price really paid, are, by the aft 1621,
declared to be null. One is deemed a prior creditor,
whofe ground of debt exifted before the right granted
by the debtor ; though the written voucher of the
debt fhould bear a date pofterier to it. Perfons are
accounted conjunft, whofe relation to the granter is
fo near, as to bar them from judging in his caufe.
Confident perfons are thofe who appear to be in the
grantePs confidence, by being employed in his affairs
or about his perfon ; as a doer, fteward, or domeltic
fervaut.
9. Rights, though gratuitous, are not reducible, if
the granter had, at the date thereof, a fufficient fund
for the payment of his creditors. Provifions to child¬
ren are, in the judgement of law*, gratuitous; fo that
their effeft, in a queftion with creditors, depends on
the folvency of the granter; but fettlements to wives,
either in marriage contrafts, or even after marriage, are
onerous, in fo far as they are rational; and confequent-
ly are not reducible, even though the granter was in-
folvent. This rule holds alfo in rational tochers con-
trafted to hufhands : But it muft, in all cafes, be quali¬
fied with this limitation, if the infolvency of the granter
was not publicly known ; for if it was, fraud is pre¬
fumed in the receiver of the right, by contrafting with
the bankrupt.
10. The receiver of the deed, if he be a conjunft
or confident perfon, muft inftruft or fupport the one¬
rous caufe of his right, not merely by his own oath,
but by fome circumftances or adminicles. But where
a right is granted to a ftranger, the narrative of it ex¬
prefling an onerous caufe, is fufficient per fe to fecure it
againft reduftion.
11. All voluntary payments or rights made by a
bankrupt to one creditor, to difappoint the more timo¬
rous diligence of another, are reducible at the inftance
of that creditor who has ufed the prior diligence. A
creditor, though his diligence be but begun by citation,
may infift in a reduftion of all pofterior voluntary
rights granted to his prejudice ; but the creditor who ne-
glefts to complete his begun diligence within a reafon-
able time, is not entitled to reduce any right granted by
the debtor, after the time that the diligence is coniider-
ed as abandoned.
1 2. A prohibited alienation, when conveyed by the
receiver to another who is not privy to the fraud, fub-
fifts in the perfon of the bone fide purchafer. In the
cafe of moveable rights, this nullity is receivable by ex¬
ception ; but it muft be declared by reduction, where
the right is heritable.
lS.By
Law of
Scotland.
Chap. HI* L
Law of 13. By aft 1696, c. 5. all alienations by a bank-
Scotland. rupt, within 60 days before his bankruptcy, to one
creditor in preference to another, are reducible, at
the inftance even of fuch co-creditors as had not ufed
the lead ftep of diligence. A bankrupt is there de-
fcribed by the following charafters •, diligence ufed
againft him by horning and caption j and infolvency,
joined either with imprifonment, retiring to the fanc-
tuary, abfconding, or forcibly defending himfelf from
diligence. It is fufficient that a caption is raifed a-
gainft the debtor, though it be not executed, provi¬
ded he has retired to fhun it. And by the late bank¬
rupt ftatute 23d Geo. III. it is declared, that in all
aftions and queftions arifing upon the conftruftion
and elfeft of the aft 1696 j when a debtor is out of
Scotland, or not liable to be imprifoned by reafon of
privilege or perfonal proteftion, a charge of horning
executed againfi: him, together with either an arreft-
ment of any of his perfonal effefts not loofed or dif-
charged within fifteen days, or a poinding executed of
any of his moveables, or a decree of adjudication of
any part of his heritable eftate, or fequeftration by the
aft of a proper court, of all or any part of his eftate
or effefts, heritable or moveable, for payment of
debt, ftiall, when joined with infolvency, be held as
fufficient proof of notour bankruptcy j and from and
after the laft ftep of fuch diligence, the faid debtor, if
infolvent, (hall be held bankrupt. It is provided (by
faid aft 1696), that all heritable bonds or rights on
which feifin may follow, (hall be reckoned, in a queftion
with the granter’s other creditors upon this aft, to be
of the date of the feifin following thereon. But this
aft was found to relate only to fecurities for former
debts, and not to nova debita.
14. Aftibns are divided into rei perfecutorice, and
potnales. By the firft, the purfuer infifts barely to re¬
cover the fubjeft that is his, or the debt due to him :
and this includes the damage fuftained \ for one is as
truly a fufferer in his patrimonial intereft by that da¬
mage, as by the lofs of the fu jeft itfelf. In penal
aftions, which always arife ex deliflo, fomething is alfo
demanded by way of nenalty.
15. Aftions of fpuilzie, ejeftion, and intrufion, are
penal. An aftion of fpuilzie is competent to one dif-
poffeffed of a moveable fubjeft violently, or without
order of law, againft the perfon difpoffeffing : not only
for being reftored to the poffeffion of the fubjeft:, if
extant, or for the value, if it be deftroyed, but alfo for
the violent profits, in cafe the aftion be brought with¬
in three years from the fpoliation. Ejeftion and intru¬
fion are, in heritable fubjefts, what fpuilzie is in move¬
ables. The difference between the two firft is, that in
ejeftion, violence is ufed j whereas the intruder enters
into the void poffeffion, without either a title from the
proprietor, or the warrant of a judge. The aftions
arifing from all the three are of the fame general na¬
ture.
Contraven- j 6. The aftion of contravention of law-burrows is
tion of law- a]f0 pena]# It proceeds on letters of law-burrows,
burrows. (from borgJi, a cautioner), which contain a warrant to
charge the party complained upon, that he may give
fecurity not to hurt the complainer in his perfon, fa¬
mily, or eftate. Thefe letters do not require the pre¬
vious citation of the party complained upon, becaufe
the caution which the law requires is only for doing
Vol. XI. Part II.
Aftions ci¬
ther rei
perfecuto-
riie, or pe¬
nal.
Spuilzies.
A W.
what is every man’s duty ; but, before the letters are
executed againft him, the complainer muft make oath
that he dreads bodily harm from him. The penalty
of contravention is afcertained to a fpecial fum, ac¬
cording to the offender’s quality ; the half to be ap¬
plied to the fifk, and the half to the complainer. Con¬
travention is not incurred by the uttering of reproach¬
ful words, wrhere they are not accompanied, either
with afts of violence, or at leaft a real injury j and as
the aftion is penal, it is elided by any probable ground
of excufe.
17. Penalties are the confequences of delift:, or^^^j^
tranfgreffion ; and as no heir ought to be accountahle ther
for the delift of his anceftor, farther than the injured miffible a-
perfon has really fuffered by it, penal aftions die with gainft the
the delinquent, and are not tranfmiffible againft heirs. Pur^-ier‘
Yet the aftion, if it has been commenced and litif-
contefted in the delinquent’s lifetime, may be conti¬
nued againft the heir, though the delinquent fhould
die during the dependence. Some aftions are rei per-
fecutorice on the part of the purfuer, when he infifts for
fimple reftitution j which yet may be penal in refpeft
of the defender: e. g. the aftion on the paffive title
of vitious intromiffion, by which the purfuer frequently
recovers the debt due to him by the deceafed, though
it ftiould exceed the value of the goods intermeddled
writh by the defenders.
18. The moft celebrated divifion of aftions in our 4<^onsP*:*
law is into petitory, poffeflbry, and declaratory. PetitorytUul-’ an"'
aftions are thofe, where fomething is demanded from
the defender, in confequence of a right of property,
or of credit in the purfuer : Thus, aftions for reftitu¬
tion of moveables, aftions of poinding, of forthcoming,
ancl indeed all perfonal aftions upon contrafts or quafi-
contrafts, are petitory. PoJfeJJbry aftions are thofe poffeflbry.
which are founded, either upon poffeffion alone, as
fpuilzies; or upon poffeffion joined with another title,
as removings ; and they are competent either for get¬
ting into poffeffion, for holding it, or for recovering
it ; analogous to the interdifts of the Roman law,
quorum bonorum, utipojjidetis, and unde vi.
19. An aftion of moleftation is a poffeffory aftion, 91 moie^a*
competent to the proprietor of a land eftate, againft
thofe who difturb his poffeffion. It is chiefly ufed in
queftions of commonty, or of controverted marches.
Where a declarator of property is conjoined with a
procefs of moleftation, the feflion alone is competent
to the aftion. Aftions on brieves of perambulation,
have the fame tendency with moleftations, viz. the fet¬
tling of marches between conterminous lands.
20. The aftion of mails and duties is fometifnes Of mails
petitory, and fometimes poffeffory. In either cafe, Rand duties,
is direfted againft the tenants and natural poffeffors of
land eftates, for payment to the purfuer of the rents
remaining due by them for paft crops, and of the full
rent for the future. It is competent, not only to a
proprietor whofe right is perfefted by feifin, but to a
fimple difponee, for a difpofition of lands includes a
right to the mails and duties j and confequently to an
adjudger, for an adjudication is a judicial difpofition.
In the petitory aftion, the purfuer, fince he founds Petitory,
upon the right, not poffeffion, muft make the proprietor,
from w'hom the tenants derive their right, party to the
fuit j and he muft fupport his claim by titles of pro¬
perty or diligences, preferable to thofe in the pedfon
4 S of
L A W.
Pofleflbry
PoffefTory
judgement
Declara¬
tory aftion
Action for
proving the
tenor.
Adminicles
in writing-.
Multiple-
poinding.
of ms competitor. In the poffeffbry, the purfuer who
libels that he, his anceftors, or authors, have been feven
years in peiieffion, and that therefore he has the bene¬
fit of a pcffeffory judgement, need produce no other
title than a feifin, which is a title fufficient to make
the polfeltion of heritage lawful j and it is enough, if
he calls the natural poiTeffors, though he ihould ne-
gleft the proprietor. A poffelTory judgement founded
on^ feven years poffeffion, in confequence either of a
. feiim or a tack, has this effe£f, that though one iliould
claim under a title preferable to that of the pofielfor,
he cannot compete with him in the poiTelTion, till in a
formal procefs of reduction he lhall obtain the pofief-
for’s title declared void.
2i. A declaratory aft ion is that, in which fome right
is craved to be declared in favour of the purfuer, but
nothing fought to be paid or performed by the defend¬
er, fuch as declarators of marriage, of irritancy, of
expiry of the legal reverfion, &c. Under this clafs
may be alfo comprehended rcfcillbry aftions, which
without any perfonal conclufion againft the defender,
tend limply to fet afide the rights or writings libelled,
in confequence of which a contrary right or immunity
arifes to the purfuer. Decrees upon aftions that are
properly declaratory confer no new right ; they only
declare what was the purfuer’s right before, and fo
have a retrofpeft to the period at which that right firft
commenced. Declarators, becaufe they have no per-
lonal conclufion againft the defender, may be purfued
againft an apparent heir without a previous charge gi¬
ven him to enter to his anceftor; unlefs where fpecial
circumftances require a charge.
22. -An aftion for proving the tenor, whereby a wri¬
ting, which is deftroyed or amifting, is endeavoured to
be revived, is in effeft declaratory. In obligations that
are extinguifhable barely by the debtor’s retiring or
cancelling them, the purfuer, before a proof of the te¬
nor Is admitted, muft condefcend on fuch a cafus amif-
fionis, or accident by which the writing was deftroyed,
as fliows it was loft when in the creditor’s poffeflion ;
otherwife bonds that have been cancelled by the debtor
on. payment, might be reared up as ftill fubfifting a-’
gainft him : But in writings which require contrary
deeds to extinguifh their effeft, as aflignations, difpo-
fitions, charters, &.c. it is fufficient to libel that they
were loft, even cafu fortuito.
_ 23. Regularly no deed can be revived by this aftion,
without fome adminicle in writing, referring to that
which is libelled : for no written obligation ought to
be raifed up barely on the teftimony of witneffes. If
thefe adminicles afford fufficient conviftion that the
deed libelled did once exift, the tenor is admitted to
be proved by witneffes, who muft depofe, either that
they were prefent at figning the deed, or that they
afterwards faw it duly fubferibed. Where the rela¬
tive writings contain all the fubftantial claufes of that
which is loft, the tenor is fometimes fuftained with¬
out witneffes. In a writing which is libelled to have
contained uncommon claufes, all thefe muft appear by
the adminicles. A ftions of proving the tenor are, on
account of their importance, appropriated to the court
of feflion j and, by the old form, the teftimony of the
witneffes could not be received but in prefence of all
the judges.
24. I he aftion of double or multiple-poinding may
Part III.
be alfo reckoned declaratory. It is competent to a Law of
debtor, who is diftrefled, or threatened with diftrefs, ^cot^an^•
by two or more perfons claiming right to the debt, v
and who therefore brings the feveral claimants into the
field, in order to debate and fettle their feveral prefer¬
ences, that fo he may pay fecurely to him whofe right
fhall be found preferable. This action is daily pur-
fuegl by an arreftee, in the cafe of feveral arreftments
ufed in his hands for the fame debt ; or by tenants in
the cafe of feveral adjudgers, all of whom claim right
to the fame rents. In thefe competitions, any of the
competitors may bring an aftion of multiple-poinding
in name of the tenants, or other debtors, without their
confent, or even though they ftiould difclaim the pro¬
cefs ; fince the law has introduced it as the proper re¬
medy for getting fuch competitions determined : And
while the fubjeft in controverfy continues in medio, any
third perfon who conceives he has a right to it, may,
though he fhould not be cited as a defender, produce
his titles, as if he were an original party to the fuit,
and will be admitted for his intereft in the competition.
By the forefaid bankrupt ftatute, however, it is compe¬
tent, in the cafe of a forthcoming or multiple-poinding
raifed on an arrellment ufed within thirty days prior,
or four kalendar months fubfequent, to a bankruptcy,
for any other creditor producing his intereft, and making
his claim, in the procefs at any time before the expira¬
tion of the four months, to be ranked in the fame man¬
ner as if he had ufed the form of arreftment.
25. Certain aftions may be called acceffory, becaufe Acceflbry
they are merely preparatory or fubfervieut to other ac-a<^ons'
tions. Thus, exhibitions ad deliberandum, at the in-
ftance of an heir againft the creditors or cuilodiers of
his anceftor’s writings, are intended only to pave the
way for future proceffes. An aftion of transference is Transfer-
alfo of this fort, whereby an aftion, during the pen-ence.
dency of which the defender happens to die, is craved
to be transferred againft his reprefentatxve, in the fame
condition in which it flood formerly. Upon the pur¬
fuer’s death his heir may infill: in the caufe again!! the
defender, upon producing either a retour or a confirm¬
ed teftament, according as the fubjeft is heritable or
moveable. Transferences being but incidental to other
aftions, can be pronounced by that inferior judge a-
lone before whom the principal caufe depended ; but
where the reprefentatives of the deceafed live in another
territory, it is the fupreme court muft transfer. Obli¬
gations may now be regiftered fummarily after the cre¬
ditor’s death ; which before was not admitted, without
a feparate procefs of regiftration, to which the granter
was neceffarily to be made a party.
26. A procefs of wakening is likewife acceffory.Wakening.
An aftion is faid to fleep, when it lies over not infill¬
ed in for a year, in which cafe its effeft is fufpended ;
but even then it may, at any time within the years of
prefeription, be revived or wakened by a fummons, in
which the purluer recites the laft ftep of the procefs,
and concludes that it may be again carried on as if it
had not been difeontinued. An aftion that Hands upon
any of the inner-boufe rolls cannot lleep •, nor an aftion
in wffiich decree is pronounced, becaufe it has got its
full completion : Confequently the decree may be ex-
trafted after the year, without the neceffity of a wa¬
kening.
27. An aftion of tranfumpt falls under the fame Tranfumpt.
clafs.
Chap. III. LAW. 601
La7°j ^a‘s* -f1 *s competent to thofe who have a partial
Scot and‘ - intereft in writings that are not in their own cuilody,
againft the pofleflbrs thereof, for exhibiting them,
that they may be tranfumed for their behoof Though
the ordinary title in this procefs be an obligation by
the defender to grant tranfumpts to the purfuer, it is
fufficient if the purfuer can {how that he has an intereft
in the writings ; but in this cafe, he muft tranfume them
on Lis own charges. Adlions of tranfumpt may be
purfued before any judge-ordinary. After the writings
to be tranfumed are exhibited, full duplicates are made
out, collated, and figned, by one of the clerks of court,
which are called tranfumpts, and are as effe&ual as an
extradl from the regifter.
Brieves,. 28. A£lions proceeded anciently upon brieves iffu-
ing from the chancery, direfted to the jufticiary or
judge-ordinary, who tried the matter by a jury, upon
whofe verdift judgement was pronounced : And to this
day we retain certain brieves, as of inqueft, terce, idio-
try, tutory, perambulation, and perhaps two or three
others: But lummonfes were, immediately upon the
inftitution of the college of juftice, introduced in the
place of brieves. A fummons, when applied to adlions
purfued before the feffion, is a writ in the king’s name,
bluing from his fig net upon the purfuer’s complaint,
authorizing meftengers to cite the defender to appear
before the court and make his defences , with certifi¬
cation, if he fail to appear, that decree will be pronoun¬
ced againft him in terms of the certification of the fum¬
mons.
29. The days indulged by law to a defender, be¬
tween his citation and appearance, to prepare for his
Sr.mmonfes. defence are called indueiae legales. If he is within the
lnJfci<x ^'kingdom, 21 and 6 days, fot* the firft ami fecond diets
es‘ of appearance, muft be allowed him for that purpofe j
and if out of it, 60 and 15. Defenders refiding in
Orkney or Zetland muft be cited on 40 days. In
certain fummonfes which are privileged, the inducice
are ftiortened : Spuilzies and ejections proceed on 15
days ; wakenings and transferences, being but inci¬
dental, on fix ; (fee the lift ol privileged fummonfes, in
adft of federunt June 29. [672.) A fummons murt be
executed, i. e. ferved againft the defender, fo as the
laft diet of appearance may be within a year after the
date of the fummons 5 and it muft be called within a
year after that diet, otherwife it falls for ever. Of¬
fence againft the authority of the court, a<fts of mal-
verfation in office by any member of the college of ju-
ftice, and aifts of violence and oppreffion committed
during the dependence of a fuit by any of the parties,
may be tried without a fummons, by a fummary com¬
plaint.
Concourfe 3°- Though the Romans acknowledged a concourfe
ofadtions. of atfions in their proceedings, it is not known in the
law of Scotland* Therefore, where an aflion is in part
penal, e. g. a removing, fpuilzie, &c. a purfuer who
reftrifls his demand to, and obtains a decree merely
for, reftitution, cannot thereafter bring a new procefs
for the violent profits. Yet the fame faff may be the
foundation both of a criminal and civil affion, becaufe
thefe two are intended for different purpofes ; the one
for fatisfying the public juflice, the other for indemni¬
fying the private party : And though the defender
ffiould be abfolved in the criminal trial, for want of evi¬
dence, the party injured may bring an aftion ad cU
vi/em effe&um, in which he is entitled to refer the libel Law of
to the defender’s oath. t Scotland.
31. One libel or fummons may contain different con- ^cci rrl;1ia
clufions on the fame ground of right, refeilfory, de-tionofac-
claratory, petitory, &c. if they be not repugnant totions.
each other : Nay, though different turns be due to one,
upon diftinfl grounds of debt, or even by different
debtors, the creditor may infill againft them all in the
fame fummons.
32. Defences are pleas offered by a defender for®efences‘
eliding an adtion. They are either dilaton/, which do
not enter into the caule itfelf, and fo can only procure
an abfolvitor from the hs pendens : Or, peremptory,
which entirely cut off the purluer’s right of adlion. The
firft, becaufe they relate to the forms of proceeding
muft be offered in limine judicii, and all of them at
once. But peremptory defences may be proponed at
any time before fentence. By an adt of federunt, how¬
ever (x 787)1 defences, both dilatory and peremp¬
tory, fo far as they are known, muft be propoied at re¬
turning the fummons, under a penalty ; and the fame
enadlment extends to the cafes of fufpenfions and advo¬
cations. 1 he writings to be founded upon by the
parties alfo muft be produced : the intention of the
court, in framing the adf of federunt, being to accelerate
as much as polfible the decifion of caufes.
33. A caufe, after the parties had litigated it before Litifcontef-
the judge, was faid by the Romans to be litifeontefted. tation.
By litilconteftation a judicial contradl is underltood to
be entered into by the litigants, by which the action
is perpetuated againft heirs, even when it arifes ex de~
liBo. By our law, litifconteftation is not formed till
an aft is extrafted, admitting the libel or defences to
proof.
Sect. II. Of Probation. cIxxxiv.
1. All allegations by parties to a fuit, muft be fup-Probation,
ported by proper proof. Probation is either by writ¬
ing} by the party’s own oath, or by witneffes. In the
cafe of allegations, which may be proved by either of
the three ways, a proof is faid to be admitted prout dc pr0ut de
jure; becaule, in fuch cale, all the legal methods oijure;
probation are competent to the party ; if the proof he
brings by writing be lame, he may have recourfe either
to witnefles or to his adverfary’s oath ; but, if he fhould
firft take hirnfell to the proof by oath, he cannot there¬
after ufe any other probation (for the reafon affigned.
Par• 3*) i anci> on the contrary, a purfuer who has
brought a proof by witneffes, on an extracted a£t, is
not allowed to recur to the oath of the defender —
Single combat, as a fort of appeal to Providence, was, fing’e
by our ancient law, admitted as evidence, in matters >
both civil and criminal. It was afterwards reftridted
to the cafe of fuch capital crimes where no other proof
could be had ; fome traces of this blind method of trial
remained even in the reign of James VI. who, by 1600,
c. 12. might authorize duels on weighty occafions.
2. As obligations or deeds figned by the party him- by writings
felf, or his anceftors or authors, muft be, of all evidence,
the leaft liable to exception 5 therefore every, debt or
allegation may be proved by proper evidence in writing.
The folemnities effential to probative deeds have been
already explained, (N° clxxiv. 3. ct feqi). Books of ac¬
count kept by merchants, tradefmen, and other dealers
4 S 2 in
£>9 2
LAW.
Part III.
Probation
oath of par¬
ty in re¬
ference.
Qualified
oaths.
Qaths in
iupplement
Oath of
calumny
in bufinefe, though not fubfcribed, are probative againlt
him who keeps them ; and, in cafe of furnilhings by a
fiiopkeeper, fuch books, if they are regularly kept by
him, fuppoited by the teftimony of a fmgle witnefs,
afford a femiplena probatio in his favour, which becomes
full evidence by his own oath in fupplement. Notorial
inftruments and executions by meffengers bear full evi¬
dence, that the folemnities therein fet forth were ufed,
not to be invalidated otherwife than by a proof of falfe-
liood 5 but they do not prove any other extrinlic fa£ls
therein averred, againft third parties.
3. Regularly, no perfon’s right can be proved by
3his own oath, nor taken away by that of his adverfary j
hecaufe thefe are the bare averments of parties in their
•own favour. Eut, where the matter in iffue is referred
by one of the parties to the oath of the other, fuch
oath, though made in favour of the deponent himfd^
is decifive of the point; becaufe the reference is a vmv
tual contra£1 between the litigants, by which they are
underllood to put the iffue of the caufe upon what fhall
be depofed : and this contraft is fo ftriflly regarded,
that the party who refers to the oath of the other can¬
not afterwards, in a civil aftion, plead upon any deed
againft the party depofing, inconfiftent with his oath.
To obviate the fnares that may be laid for perjury, he
to wdiofe oath of verity a point is referred, may refufe
to depofe, till his adverfary fw’ear that he can bring no
other evidence in proof of his allegation.
4. A defender, though he cannot be compelled to
fwear to fafls in a libel properly criminal ", yet may, in
trefpaffes, wdiere the conclufion is limited to a fine, or
to damages. In general, an oath of party cannot either
hurt or benefit third parties j being, as to them, res
inter alios a cl a.
5. An oath upon reference is fometimes qualified by
fpecial limitations reftri<fting it. The qualities which
are admitted by the judges as part of the oath, are call¬
ed intrinfic ; thofe which the judge rejefls or feparates
from the oath, extrinjic. Where the quality makes a
part of the allegation which is relevantly referred to
oath, it is intrinfic. Thus, becaufe a merchant, fuing
for furnifhings after the three years, mull, in order to
make a relevancy, offer to prove by the defender’s oath,
not only the delivery of the goods, but that the price
is ftill due j therefore, though the defender (hould ac¬
knowledge upon oath his having received the goods,
yet, if he adds, that he paid the price, this laft part
being a denial that the debt fubfifts, is intrinfic, fince
it is truly the point referred to oath. Wher« the qua¬
lity does not import an extinction of the debt, but
barely a counter-claim, or mutua petitio, againft the
purfuer, it is held as extrinfic, and muft be proved ali¬
unde. Neither can a defender who in his oath admits
the conftitution of a debt, get off by adjefting the
quality of payment, where the payment ought by its
nature to be vouched by written evidence.
6. Oaths of verity are fometimes referred by the
judge to either party, ex officio; which, becaufe they
are not founded on any implied contraft between the
litigants, are not finally decifive, but may be traverfed
on proper evidence afterwards produced. Thefe oaths
are commonly put by the judge for fupplying a lame or
imperfefl proof, and are therefore called oaths in fup¬
plement. (See par. 2.)
*7. To prevent groundlefs allegations, oaths of ca¬
lumny have been introduced, by which either party may Law of
demand his adverfary’s oath, that he believes the fa£t , Scotland. ^
contained in his libel or defences to be juft and true.
As this is an oath, not of verity, but only of opinion,
the party who puts it to his adverfary does not re¬
nounce other probation j and therefore no party is
bound to give an oath of calumny, on recent fa£ls of
his own, for fuch oath is really an oath of verity. Thefe
oaths have not been fo frequent fince the a£t of fede-
runt, Feb. r. 1715, whereby any party, againft whom
a fa£t ftiall be alleged, is obliged, without making oath,
to confefs or deny it j and, in cafe of calumnious denial,
is fubjefted to the expence that the other party has
thereby incurred.
8. In all oaths, whether of verity or calumny, the ci¬
tation carries, or at leaft implies, a certification, that
if the party does not appear at the day aftigned for de¬
pofing, he ftiall .se held pro confejffo ; from a prefump-
tion of his confcioufnefs, that the fa£t upon which he
declines to fwear makes againft him ; but no party can
be held pro confejfo, if he be in the kingdom, without a
previous perfonal citation ufed againft him. Though
an oath which refolves into a non memini, cannot be a non me-
faid to prove any point •, yet where one fo depofes up- mini oath,
on a recent faift, to which he himfelf was privy, his
oath is confidered as a diffembling of the truth, and lie
is held pro confejfo, as if he had refufed to fwear.
9. An oath in litem, is that which the judge refers Oath
to a purfuer, for afcertaining either the quantity or the
value of goods which have been taken from him by the
defender without order of law, or the extent of his da¬
mages. An oath in litem, as it is the affirmation of a
party in his own behalf, is only allowed where there is
proof that the other party has been engaged in feme
illegal a£I, or where the public policy has made it ne-
ceffary, (fee N° clxxiii. 11.) This oath, as to the quan¬
tities, is not admitted, where there is a concurring te-
ftimony of witneffes brought in proof of it. When it
is put as to the value of goods, it is only an oath of
credulity ; and therefore it has always been fubjedl to
the modification of the court.
10. The law of Scotland rejefls the teftimony of Probation
witneffes, (1.) In payment of any fum above tool. ^ witnef-
Scots, all which muft be proved either fcripto veljura- ^a^cafes
mento. (2.) In all gratuitous promifes, though for the rejected,
fmalleft trifle. (3.) In all contracts, where writing is
either effential to their conftitution (fee N° clxxiv. 2.),
or where it is ufually adhibited, as in the borrowing
of money. And it is a general rule, fubjeft to the
reftridlions mentioned in the next part, that no debt or
right, once conftituted by writing, can be taken away
by witneffes.
ir. On the other part, probation by witneffes is ad-in what ad
mitted to the extent of tool. Scots, in payments,mitted-
nuncupative legacies, and verbal agreements which con¬
tain mutual obligations. And it is received to the
higheft extent, (1.) In all bargains which have known
engagements naturally arifing from them, concerning
moveable goods. (2.) In faffs performed in fatisfaffion
even of a written obligation, where fuch obligation
binds the party precifely to the performance of them.
(3.) In faffs which with difficulty admit of a proof by
writing, even though the effeft of fuch proof {hould be
the extinffion of a written obligation, efpecially if the
faffs import fraud or violence j thus, a bond is redu¬
cible
Chap.
Law of
Scotland.
What per-
fons rejedt-
ed as wit-
neli'es.
Purgation
of witnef-
fes.
III. L A
cible ex dolo, on a proof by witneffes. Laftly, All in-
tromiffion by a creditor with the rents of his debtor’s
elfate payable in graih, may be proved by witneffes j
and even intromiffion with the lilver rent, where the
creditor has entered into the total poffeffion of the
debtor’s lands.
i 2. No perfon, whofe near relation to another bars
him from being a judge in his csufe, can be admitted
as a witnefs for him 5 but he may again!! him, except
a wife or child, who cannot be compelled to give tefti-
jnony again!! the hufband or parent, ob reverentiam
perfonce, et metum perjuni. Though the witnefs, whofe
propinquity to one of the parties is obje£!ed to, be
as nearly related to the other, the objedlion Hands
good.
13. The teftimony of infamous peifons is rejeffed,
i. e. perfons who have been guilty of crimes that law
declares to infer infamy, or who have been declared in¬
famous by the fentence of a judge •, but infamia facii
does not difqualify a witnefs. Pupils are inhabile wit¬
neffes ; being, in the judgement of law, incapable of the
impreflions of an oath. And in general witnefles o-
therwife exceptionable may, wThere there is a penury of
witnefles ariflng from the nature or circuraftances of
the faff, be received cum nota; that is, their teftimo¬
ny, though not quite free from fufpicion, is to be
conjoined with the other evidence, and to have fuch
weight given it as the judge fhall think it deferves.
14. All w'itneffes, before they are examined in the
caufe, are purged of partial counfel •, that is, they muft
declare, that they have no intereft in the fuit, nor have
given advice how to conduf! it 5 that they have got
neither bribe nor promife, nor have been inftrufled how
to depofe j and that they bear no enmity to either of
the parties. Thefe, becaufe they are the points put to
w.
Diligence
againft wit-
Belles.
Circumduc¬
tion.
a witnefs before his making oath, are ailed initiala
tejlimonii. Where a party can bring prefent proof of
a witnefs’s partial counfel, in any of the above particu¬
lars, he ought to offer it before the witnefs be fworn ;
but, becaule fuch objeflion, if it cannot be inftantly
verified, will be ho bar to the examination, law allow's
the party in that cafe to proteft for reprobator, before
the witnefs is examined ; i. e. that he may be after¬
wards allowed to bring evidence of his enmity, or other
inability. Reprobator is competent even after fen¬
tence, where proteftation is duly entered ; but in that
cafe, the party infifting muft confign look Scots, which
he forfeits if he fuccumb. This adlion muft: have the
concurrence of the king’s advocate, becaufe the con-
clufion of it imports perjury ; and for this reafon, the
witnefs muft be made a party to it.
15. The interlocutory fentence or warrant, by which
parties are authorized to bring their proof, is either by
way of aft, or of incident diligence. In an aft, the
lord ordinary who pronounces it is no longer judge
in the procefs j but in an incident diligence, which is
commonly granted upon fpecial points, that do not
exhaui! the caufe, the lord ordinary continues judge.
If a u’lfeefs does not appear at the day fixed by the
warrant of citation, a fecond warrant is granted of the
nature of a caption, containing a command to meffen-
gers to apprehend and bring him before the court.
Where the party to whom a proof is granted, brings
none within the term allowed by the -warrant, an inter¬
locutor is pronounced, circumducing the term, and pre¬
cluding him from bringing evidence thereafter. Where
evidence is brought, if it be upon an aft, the lord or¬
dinary on the afts, after the term for providing iselapf-
ed, declares the proof concluded j and thereupon a ftate
of the cafe is prepared by the ordinary on concluded
caufes, which muft be judged by the whole lords j
but if the proof be taken upon an incident diligence,
the import of it may be determined by the lord or¬
dinary in the caufe.
16. Where fafts do not admit a direft proof, pre-Prefump~
fumptions are received as evidence wffich, in many cafestl0ns*
make as convincing a proof as the direft. Prefumptions
are confequences deduced from fafts known or proved,
which infer the certainty, or at lea!! a ftrong probabi¬
lity, of another faft to be proved. This kind of pro¬
bation is therefore called artificial, becaufe it requires
a reafoning to infer the truth of the point in queftion,
from the fafts that already appear in proof. Prefump¬
tions are either, juris et de jure ; 2. juris ; or, 3. ho-
minis or judicis. The fir!! fort obtains, where ftatute
or cuftom eftablfthes the truth of any point upon a pre-
fumption 5 and it is fo ftrong, that it rejefts all proof
that may be brought to elide it in fpecial cafes. Thus,
the teftimony of a wdtnefs, who forwardly offers him-
felf without being cited, is, from a prefumption of his
partiality, rejefted, let his charafter be ever fo fair ;
and thus alfo, a minor, becaufe he is by law prefumed
incapable of condufting his own affairs, is upon that
prefumption difabled from afting without the confent
of his curators, though he ftrould be known to behave
with the greateft prudence. Many fuch prefumptions
are fixed by ftatute.
17. Prcefumptiones juris are thofe which our law
books or decifions have eftablithed, without founding
any particular confequence upon them, or ftatuting
fuper preefumpto. Moft of this kind are not proper pre¬
fumptions inferred from pofitive fafts, but are founded
merely on the want of a contrary proof; thus, the legal
prefumptions for freedom, for life, for innocence, &c.
are in effeft fo many negative propofitions, that fervi-
tude, death, and guilt, are not to be prefumed, with¬
out evidence brought by him who makes the allegation.
All of them, whether they be of this fort, or proper
prefumptions, as they are only conjeftures formed from
v/hat commonly happens, may be elided, not only by
direft evidence, but by other conjeftures, affording a
ftronger degree of probability to the contrary. Prce¬
fumptiones hominis or judicis, are thofe which arife daily
from the circumftances of particular cafes j -the ftrength
of which is to be weighed by the judge.
18. A fiBio juris differs from a prefumption. Things r..0• •
j t # a * o rictio juris,
are prefumed, which are likely to be true j but a fic¬
tion of law aflumes for truth what is either certainly
falfe, or at leal! is as probably falfe as true. Thus an
heir is feigned or confidered in law as the fame perfon
with his anceftor. Fiftions of law muft, in their effefts,
be always limited to the fpecial purpofes of equity for
which they were introduced ; fee an example, N°
clxxxiii. 3.
Sect. III. Of Sentences and their Executions.
1. Property would be moft uncertain, if debateable
points might, after receiving a definitive judgement, be
brought again in queftion, at the pleafure of either of
the
Res judica-
tce.
Decrees in
fore.
Two eonfe-
cutive in¬
terlocutors
are final.
Time limit¬
ed for ap¬
peals.
Decrees in
abfence.
Decrees re¬
viewed ei¬
ther by re-
dudlion or
fufpenfion.
L A
tliC parties : every ftate lias therefore fixed the charac¬
ter of final to certain fentences or decrees, which in
the Roman law are called res judicata, and which ex¬
clude all review or rehearing.
1. Decrees of the court of feffion, are either in faro
contradiBoria, where both parties have litigated the
caufe, or in abfence of the defender. Decrees of the
feffien in foro cannot, in the general cafe, be again
brought under the review of the court, either on points
which the parties neglefled to plead before fentence
(which we call competent and omitted'), or upon points
pleaded and found infufficient (proponed and repelle ).
But decrees, though in foro, are reverfible by the
court, where either they labour under eflential nulli¬
ties ; e. g. where they are ultra petita, or not con¬
formable to their grounds and warrants^ or founded
on an error in calcul, &c. ; or where the party againft
whom the decree is obtained has thereafter recovered
evidence fufficient to overturn it, of which he knew
not before.
3. As parties might formerly reclaim again!! the
fentences of the feffion, at any time before extrafting
the deciee, no judgement was final till extra<51 ; but
now1, a fentence of the inner houfe, either not re¬
claimed again!! within fix federunt days after its date,
or adhered to upon a reclaimings bill, though it cannot
receive execution till extrafl,' makes the judgement fi¬
nal as to the court of feffion. And by an order of
the houfe of lords, March 24. 1725, no appeal is to
be received by them from fentences of the feffion, after
five years from extrafling the fentence ; unlefs the per-
fon entitled to fuch appeal be minor, clothed with a
hufband, non compos mentis, imprifoned, or out of the
kingdom. Sentences pronounced by the lord ordi
nary have the fame effefl, if not reclaimed again!!, as
if they were pronounced in prefence ; and all petitions
again!! the interlocutor of an ordinary mull be pre¬
ferred within eight federunt days after figning fuch in¬
terlocutor.
4. Decrees, in abfence of the defender, have not
the force of res judicata as to him ; for where the de¬
fender does not appear, he cannot be faid to have fub-
jefled himfelf by the judicial contrail wdiich is imolied
in litifconteftation j a party therefore may be reftored
again!! thefe, upon paying to the other his cofls in re¬
covering them. The fentences of inferior courts mav
be revietved by the court of feffion,—before decree, by
advocation,—and after decree, by fufpenfion or reduc¬
tion *, which tw^o la!l are alfo the methods of calling in
queflion fuch decrees of the feffion itfelf, as can again
be brought under the review of the court.
5. Reduction is the proper remedy, either where
the decree has already received full execution by pay¬
ment, or where it decrees nothing to be paid or per¬
formed, but limply declares a right in favour of the
purfuer. Sufpenfion is that form of law by which the
effe£l of a fentence condemnatory, that has not yet re¬
ceived execution, is flayed or poftponed till the caufe
be again confidered. The firll !lep towards fufpenfion
is a bill preferred to the lord ordinary on the bills.
This bill, wffien the defire of it is granted, is a war¬
rant for ifiuing letters of fufpenfion which pafs the fig-
net ; but if tlje prefenter of the bill {hall not, within
14 days after palling it, expedite the letters, execu¬
tion may by aft of federunt 1677 proceed on the fen-
w.
Part III.
tence. In praftice, however, it is ufual for the char- Lawof
ger to put up a proteftation in the minute book for Scotland,
production of the fufpenfion, which may be expedited ^
at any time before tins is done j and if the fufpend w
ffiall allow- the protellation to be extrafted, the lift falls. -
Sufpenfions or decrees in foro cannot pafs, but by the
whole lords in time of feffion, and by three in vacation
time ; but other decrees may be fufpended by any one
of the judges. By the late aft of federunt (1787), in
order to remedy the abufe of prefenting a multiplicity
of bills of fufpenfion of the decrees of inferior judge*
in fmall cafes which have paffed in abfence, it is de¬
clared, that all bills of fufpenfion of decreets by infe¬
rior judges, in abfence, of the defenders in caufes under
1 2l. fterling value, (hall be refufed and remitted to
the inferior judge, if competent; the fufpender, how¬
ever, before being heard in the inferior court, reimburf-
ing the charger of the expences incurred by him pre¬
vious to the remit.
6. As fufpenfion has the effeft of flaying the execu-1
tion of the creditor’s legal diligence, it cannot, in the muft give
general cafe, pafs without caution given by the fufpen- caution,
der to pay the debt, in the event it fiiall be found due.
Where the fufpender cannot, from his low or lufpeft-
ed circumftances, procure unqueftionable fecurity, the
lords admit juratory caution, i, e. fuch as the fufpen¬
der fwears is the bell he can offer -, but the reafons of
fuffierfinn are, in that cafe, to be confidered with par¬
ticular accuracy at paffing the bill. Decrees in favour
of the clergy, of univerfities, hofpitals, or pa ri ill -
fchoolmafters, for their ftipends, rents, or falaries,
ca mot be fufpended, but upon produftion of dif-
charges, or on confignation of the fums charged for.
A charger, who thinks himfelf fecure without a cau¬
tioner, and wants defpatch, may, where a fufpeiT'on
of his diligence is fought, apply to the court to get
the reafons of fufpenfion fummarily difeuifed on the
bill.
7. Though he, in vvhofe favour the decree fufpend- Sufpenfion,
ed is pronounced, be always called the charger, yet a when corn-
decree may be fufpended before a charge be given on‘)et''nt‘
it. Nay, fufpenfion is competent even wdiere there is
no deciee, for putting a ftnp to any illegal aft whatfo-
ever : thus, a building, or the exercife of a powder
which one affumes unwarrantably, is a proper fubjeft
of fufpenfion. Letters of fufpenfion are confidered
merely as a prohibitory diligence } fo that the fufpen¬
der, if he would turn provoker, muft bring an aftion
of reduftion. If, upon difeuffing the letters of fufpen¬
fion, the reafons lhall be fultained, a decree is pro¬
nounced, fufpending the letters of diligence on wffiich
the charge was given frnpheiter ; which is called a de¬
cree of fufpenfon, and takes off the effeft of the degree
fufperided. If the reafons of fufpenfion be repelled,
the court find the letters of diligence orderly preceed-
ed, i. e. regularly carried on : and they ordain them
to be put to farther execution.
8 Decrees are carried into execution, by diligence, Extraction
either again!! the perfon or again!! the eftate of the of decrees.j
delator. The firft ftep of perfonal execution is by let¬
ters of horning which pafs by a warrant of the court
of feffion, on the decrees of magilfrates of boroughs,
flieriffs, admirals, and commiffaries. If the debtor
does not obey the will of the letters of horning within
the days of the charge, the charger, after denouncing
him
Chap. HI. L A
Law of him rebel, and regiftering the horning, may apply for
, Scotland, letters of caption, which contain a command, not only
v to meflengers, but to magiftrates, to apprehend and
imprifon the debtor. All meffengers and magiltrates,
who refufe their afliftance in executing the caption, are
liable fuhfidiarie for the debt 5 and inch fubfidiary ac¬
tion is fupported by the execution of the meflenger,
employed by the creditor, expreffing that they w’ere
charged to concur, and wmuld not. Letters of caption
contain an exprefs warrant to the mefTengcr, in cafe he
car.net get accefs, to break open all doors and other
lock-fad places.
9. Law fecures peers, married women, and pupils,
againft perfonal execution by caption upon civil debts.
aip0 as are t0 ferve j;n parlia
What per,
fons fecu-
. . n ctt-nmn.
red asramlt c,0 ,
ouch commoners
caption.
Prifoners
muft be
clofely con
fined.
ment, are fecured againft perfbnal execution by the
privilege of parliament. No caption can be executed
againft a debtor within the precinfb of the king’s pa¬
lace of Holyroodiioufe 5 but this privilege of fanctuary
afforded no fecurity to criminals, as that did which was
by the canon law' conferred on churches and religious
houfes. Where the perlonal prefence of a debtor, un¬
der caption, is neceffary in any of our fupreme courts,
the judges are empowered to grant him a protetftion,
for fuch time as may be fufficient for his coming and
going, not exceeding a month. Proteftion from dili¬
gence is alfo granted by the court of feftion under the
late bankrupt ftatute, where it is applied for, with con¬
currence of the truftee, or a certain number of the cre¬
ditors, as the cafe may require.
10. After a debtor is imprifoned, he ought not to
be indulged the benefit of the air, not even under a
guard ; for creditors have an intereft, that their debtor
be kept under clofe confinement, that, by the fqualor
careen's, they may be brought to pay their debt : and
any magiftrate or jailor, who (hall fuffer the prifoner
to go abroad, without a proper atteftation, upon oath,
of the dangerous ftate of his health, is liable fubjidiarie
lor the debt. Magiftrates are in like manner liable if
they ftiall fuffer a prifoner to efcape through the in-
lufficiency of their prifon : but if he (hall efcape un¬
der night, by the ufe of inftruments, or by open force,
or by any other accident which cannot be imputed to
the magiftrates or jailor, they are not chargeable with
the debt \ provided they (hall have immediately after
his efcape, made all poftible fearch for him. A cafe
lately occurred w'here a meffenger having apprehended
a perfon for a debt, upon letters of caption, delivered
him over to the provoft of the burgh, and took a re¬
ceipt for him. L he provoft allowed him to remain at
the inn all night, and afterwards allowed him what is
called open gaol, by which he had accefs to the court-
houfe, under the fame roof with the prifon, w'here he
tranfafted bufinefs. As the perfon at whofe inftance
he was apprehended upon the caption, confidered that
the magiftrates had not kept the debtor in prifon as
commanded by the letters, he brought an adlion againft
them for the debt, although the debtor had not fo
much as attempted to make his efcape. It was con¬
tended by the magiftrates, that they wrere not liable,
having only followed the ufual pradlice of the burgh :
but the court of feflion, confidering the magiftrates as
principal keepers of the prifon, and as fuch having no
diferetionary power, w’ere of opinion, that the debtor
had never been imprifoned in the eye of lawr, and
W. 69s
therefore found the magiftrates liable ; and their judge- Law cf
ment was affirmed upon an appeal. Regularly, no prifon- Scotland,
er for debt upon letters of caption, though he fhould p0rmv0f p
have made payment, could be relealed without letters of derating a
fuljjenfion, containing a charge to the jailor to fet him prifoner.
at liberty } becaufe the creditor’s difeharge could not
take off the penalty incurred by the debtor for con¬
tempt of the king’s authority : but to fave unneceffary
expence to debtors in fmall debts, jailors are empowered
to let go prifoners where the debt does not exceed 2uO
merits Scots, upon production of a difeharge in which
the creditor conients to his releafe.
Our law from a confideration of compaftion, Liberation
allows infolvent debtors to apply for a releafe from pri- upon a cef-
fon upon a cejfio bonorttm, i. e. upon their making over./*0 £°«o-
to the creditors all their eftate real and perfonal. Thisrww;
muft be inlilled for by way of afHon, to which all the
creditors of the prifoner ought to be made parties. The
prifoner muft, in this aftion, which is cognizable only
by the court of feflion, exhibit a particular inventory
of his ehate, and make oath that he has no other eftate
thaxris therein contained, and that he has made no con¬
veyance of any part of it, fince his imprifonment, to
the hurt of his creditors. He muft alfo make oath, whe¬
ther he has granted any difpofition of his effecls before
his imprifonment, and condefcend on the perfons tp
whom, and on the caufe of granting it ; that the court
may judge, whether, lay any collufive pradice, he has
forfeited his claim to liberty.
12. A fraudulent bankrupt is not allowed this pri-not com*-
vilege; nor a criminal wdio is liable in any affythmentPet?nt ta
or indemnification to the party injured or his executors,cleImr-
though the crime itfelf thould be extinguiftied by j|quent;’
pardon.. A difpofition granted on a cc£io bonorum is
merely in farther fecurity to the creditors, not in fatis-
fa&ion or in folutum of the debts. If, therefore, the
debtor ftiould acquire any eftate after his releafe, Yuch
eftate may be attached by his creditors, as if there had
been no cejfto, except in fo far as is neceffary for his fub-
fiftence. Debtors, who are fet free on a cejio bonorum,
are obliged to wear a habit proper to dyvours or bank¬
rupts. The lords are prohibited to difpenfe with this?yvours
mark of ignominy, unJefs, in the fummons and procels^'1'
of ceJ]io, it be libelled, fuftained, and proved, that the
bankruptcy proceeds from misfortune. And bankrupts
are condemned to fubmit to the habit, even where no
fufpicion of fraud lies againft them, if they have been
dealers in an illicit trade.
13. Where a prifoner for debt declares upon oath
before the magitirate of the jurifdi&ion, that he has’
not wherewith to maintain himfelf, the magiftrate may
fet him at liberty, if the creditor, in confequence of
whofe diligence he was imprifoned, does not aliment
him within ten days after intimation made for that pur-
pole. . But the magiftrate may, in fuch cafe, detain him
m pnion, if the creditor choofes to bear the burden of
the aliment rather than releafe him. The ftatute au-Acftof
thonzing this, releafe, which is ufually called the ^ grace.
of grace, is limited to the cafe of prifoners for civil
debts.
14. Decrees are executed againft the moveable eftate Execution
of the.debtor by arreftment or poinding; and againftagamftthe
is Heritable eliate, by inhibition^ or adjudication. Jfdebtor’se-
one be condemned, in a removing or other procefs toftate-
quit the poffeflion of lands, and refufes, notwithftanding
696
L A W.
Part III.
Law of
Scotland.
Decrees ar¬
bitral.
Submiffion.
Powers of
arbiters.
Decrees ar¬
bitral, how
far redu¬
cible.
clxxxvi.
a charge, letters of ejeclion are granted of courie, or¬
daining the Iheriff to eje£l him, and to enter the obtainer
of the decree into poffeffion. Where one oppofes by
violence the execution of a decree, or of any lawful di¬
ligence, which the civil magiftrate is not able by him-
fclf and his officers to make good, the execution is en¬
forced manu militan.
15. A decree arbitral, which is a fentence proceed¬
ing on a fubmiffion to arbiters, has fome affinity with
a judicial fentence, though in moll refpefts the two dif¬
fer. A fubmiffion is a contradl entered into by two
or more parties who have difputable rights or claims,
whereby thev refer their differences to the final deter¬
mination of an arbiter or arbiters, and oblige tnem-
felves to acquiefce in what ffiall be decided. Where
the day within which the arbiters are to decide, is left
blank in the fubmiffian, praftice has limited the arbi¬
ters power of deciding to a year. As this has proceed¬
ed from the ordinary words of ftyle, empowering the
arbiters to determine betwixt and the day of
next to come \ therefore, where a fubmiffion
is indefinite, without fpecifying any time, like ah other
contradls or obligations, it fubfifls for 40 years, Sub-
miffions, like mandates, expire by the death of any of
the parties fubmitters before fentence. As arbiters are
not veiled with jurifdidlion, they cannot compel wit-
neffes to make oath before them, or havers of writings
to exhibit them } but this defedt is fupplied by the
court of feffion, who, at the fuit of the arbiters, or of
either of the parties, will grant warrant for citing wit-
nefles, or for the exhibition of writing. For the fame
reafon, the power of arbiters is barely to decide ; the
execution of the decree belongs to the judge. Where
the fubmitters confent to the regiflration of the decree
arbitral, performance may be enforced by fummary di¬
ligence.
16. The power of arbiters is wholly derived from
the confent of parties. Hence where their powers are
limited to a certain day, they cannot pronounce fen¬
tence after that day. Nor can they fubje£f parties to a
penalty higher than that which they have agreed to in
the fubmiffion. And wdiere a fubmiffion is limited to
fpecial claims, fentence pronounced on fubje£ls not fpe-
cified in the fubmiffion is null, as being ultra vires com-
promijji.
17. But, on the other hand, as fubmiffions are de-
figned for a moft favourable purpofe, the amicable com-
pofing of differences, the powers thereby conferred on
arbiters receive an ample interpretation. Decrees arbi¬
tral are not reducible upon any ground, -except corrup¬
tion, bribery, or falfehood.
Sect. IV. Of Crimes.
Law of
Scotland.
Crimes, I.The word crime, in its meft general fenfe, includes
every breach either of the law of God or of our coun¬
try, in a more reftritled meaning, it fignifies fuch tranf-
greffions of law as are puniffiable by courts of juftice.
public, and Crimes were, by the Roman law, divided into public
and private. Public crimes were thofe that were ex-
prefsly declared fuch by fome law or conftitution, and
which, on account of their more; atrocious nature and
hurtful cpnfequences, might be profecuted by any mem-
private. ber of the community. Private crimes could be pur-
fued only by the party injured, and were generally pu-
3
niffied by a pecuniary fine to be applied to his ufe. By
the lawr of Scotland, no private party, except the per- ,
fon injured, or his next of kin, can accufe criminally :
but the king’s advocate, who in this queftion reprefents
the community, has a right to profecute all crimes in
vindiBam publicum, though the party injured ffiould re-
fufe to concur. Smaller offences, as petty riots, in¬
juries, &c. which do not demand the public vengeance,
pafs generally by the appellation of delitts, and are pu-
niffied either by fine or imprifonment.
2. The effence of a crime is, that there be an inten- What ef-
tion in the after to commit *, for an aftion in which feiltiaI to
the will of the agent has no part is not a proper ob-crIm'M,
jeft either of rewards or punilhments : hence arifes the
rule crimen dolo contrahitur. Simple negligence does
not therefore conflitute a proper crime. Yet where it
is extremely grofs, it may be puniffied arbitrarily. Far
lefs can we reckon in the number of crimes, thofe com¬
mitted by an idiot or furious perfon : but Idler degrees
of fatuity, which only darken reafon, will not afford a
total defence, though they may fave from the poena or-
dinaria. Aftions committed in drunkennefs are not to
be confidered as involuntary, feeing the drunkennds
itfelf, which was the firft caufe of the aftion, is both
voluntary and criminal.
3. On the fame principle, fuch as are in a ftate of
infancy, or in the confines of it, are incapable of a cri¬
minal aftion, dole not being incident to that age j but
the precife age at which a perfon becomes capable of
dole, being fixed neither by nature nor by ftatute, is
by our praftice to be gathered by the judge, as he belt
can, from the underffanding and manners of the per¬
fon accufed. Where the guilt of a crime arifes chiefly
from ftatute, the aftor, if he is under puberty, can
hardly be found guilty 5 but, where nature itfelf points
out its deformity, he may, if he is proximus puber-
tati, be more eafily prefumed capable of committing it:
yet, even in that cafe, he will not be punifhed pcena or-
din aria.
4. One may be guilty of a crime, not only by per- Acceffo-
petrating it himfelf, but being acceffory to a crime rxes, or art
committed by another ; which laft is by civilians ftyled and Part-
ope et conjiho, and, in our law phrafe, art and part. A
perfon may be guilty, art and part, either by giving
advice or counfel to commit the crime •, or, 2. By giv¬
ing warrant or mandate to commit it j or, 3* By ac¬
tually affifting the criminal in the execution. It is ge¬
nerally agreed by doftors, that, in the more atrocious
crimes, the advifer is equally puniftiable with the cri¬
minal 5 and that, in the flighter, the circumttances arif-
ing from the advifer’s leffer age, the jocular or carelefs
manner of giving advice, &c. may be received as pleas
for foftening the puniffiment. One who gives mandate
to commit a crime, as he is the firft ipring of aftion,
feems more guilty than the perfon employed as the in-
ftrument in executing it j yet the aftor cannot excufe
himfelf under the pretence of orders wdiich lie ought
not to have obeyed.
5. Affiftance may be given to the committer of a
crime, not only in the aftual execution, but previous
to it, by furniflung him, intentionally, with poifon,
arms, or the other means of perpetrating it. That lort
of affiftance which is not given till after the criminal
aft, and which is commonly called abetting, though it be
of itfelf criminal, does not infer art and part of the
principal
Chap. III.
L A W.
Law of
Scotland
Blafphemy.
Treafon.
principal crime j as if one fliould favour the efcape of
a criminal, knowing him to be fuch, or conceal him
from juftice.
6. Thoie crimes that are in their confequences molt
hurtful to fociety, are punifhed capitally, or by death ;
others efcape with a leffer punifhment, fometimes fixed
by ftatute, and fometimes arbitrary, i. e. left to the
difcretion of the judge, who may exercife his jurifdic-
tion, either by fine, imprifonment, or a corporal pu¬
nifhment. Where the punifhment is left, by law, to the
difcretion of the judge, he can in no cafe extend it to
death. The fingle efcheat of the criminal falls on con-
vidtion, in all capital trials, though the fentence fhould
not exprefs it.
7. Certain crimes are committed more immediately
again!! God himfelf j others, againft the flate ; and a
third kind, again!! particular perfons. The chief crime
in the firfl clafs, cognizable by temporal courts, is blaf¬
phemy, under which may be included atheifm. This
crime confiffs in the denying or vilifying the Deity, by
fpeech or writing. All who curfe God or any of the
perfons of the bleffed Trinity, are to fuffer death, even
for a fingle ad! ^ and thofe who deny him, if they per-
fif! in their denial. The denial of a Providence, or of
the authority of the holy Scriptures, is punifhahle ca¬
pitally for the third offence.
8. No profecution can now be carried on for witch¬
craft or conjuration. But all who undertake, from
their fkill in any occult fcience, to tell fortunes, or dif-
cover folen goods, are to fuffer impriionment for a year,
fland in the pillory four times in that year, and find
furety for their future good behaviour.
9. Some crimes againfl the flate are levelled diredfly
again!! the fupreme power, and ffrike at the conffitu-
tion itfelf: others difcover fuch a contempt of law, as
tends to baffle authority, or flacken the reins of go¬
vernment. Treafon, crimen majefatis, is that crime
which is aimed againfl the majefly of the flate 5 and
can be committed only by thofe who are fubjedls of
that ftate either by birth or refidence. Soon after the
union of the two kingdoms in 1707, the laws of trea¬
fon, then in force in England, were made ours by
7 Ann. c. 21. both with regard to the fadls conffitu-
ting that crime, to the forms of trial, the corruption of
blood, and all the penalties and forfeitures confequent
on it.
to. It is high treafon, by the law of England, to
imagine the death of the king, queen confort, or of
the heir apparent of the crown ; to levy war again!!
the king, or adhere to his enemies 5 to counterfeit the
king’s coin, or his great or privy feal; to kill the chan¬
cellor, treafurer, or any of the 1 2 judges of England,
while they are doing their offices: which lafl article is
by the forenamed a£l 7 Ann. applied to Scotland, in
the cafe of flaying any judge of the feffion or of judi¬
ciary fitting-in judgement. Thofe who wafh, clip, or
lighten, the proper money of the realm ; who advifed-
ly affirm by writing or printing, that the pretender
has any right to the crown, that the king and parlia¬
ment cannot limit the fueceffion to it, or who hold cor-
refpondence with the pretender, or any perfon employ¬
ed by him, are alfo guilty of treafon.
Pains of ir. I he forms of proceeding in the trial of treafon,
trea.on. whether againft peers or commoners, are fet forth in a
fmall treatife, publilhed by order of the houfe of lords
VOL. XI. Part II.
697
in 1709, fubjoined to a eolledlion of flatutes concern-
T>—  :£l-'—   * - * 1 •' Scotland
Law of
ing treafon. By the convidlion upon this trial, the
whole eflate of the traitor forfeits to the crown. His ^
blood is alfo corrupted, fo that, on the death of an an-
ceftor, he cannot inherit; and the eftate which he
cannot take, falls to the immediate fuperior as efcheat,
ob defeSlum heredis, without diflinguifhing whether the
lands hold of the crown, or of a fubjedf. No attain¬
der for treafon fhall, after the death of the pretender
and all his fons, hurt the right of any perfon, other
than that of the offender, during his natural life ; the
rights of creditors and other third parties, in the cafe of
forfeiture on treafon, muf! be determined by the law of
England.
1 2. Mifprifion of treafon, from meprendre, is the over- MifprEion.
looking or concealing of treafon. It is inferred by0ftreaf°n-
one’s bare knowledge of the crime, and not difcover-
ing it to a magiftrate or other perfon entitled by his
office to take examination ; though he fhould not in
the leaf! degree affent to it. The forefaid a£i 7 Ann.
makes the Englifh law of mifprifion ours. Its punifh¬
ment is, by the law of England, perpetual imprifon¬
ment, together with the forfeiture of the offender’s
moveables, and of the profits of his heritable eflate,
during his life ; that is, in the fiyle of our law, his fingle
and liferent efcheat.
' 13. The crime oifedition confifts in the railing com-Sedition,
motions or diffurbances in the flate. It is either verbal
or real. Verbal fedition, or leafing-making, is infer¬
red from the uttering of vcords tending to create dif-
cord between the king and his people. It is punifhed
either by imprifonment, fine, or banifhment, at the dif¬
cretion of the judge. Real fedition is generally com¬
mitted by convocating together any confiderable num¬
ber of people, without lawful authority, under the pre¬
tence of redreffing fome public grievance, to the diflurb-
ing of the public peace. Thofe who are convidled of
this crime are punifhed by the confifcation of their
goods; and their lives are at the king’s will. If any
perfons, to the number of 12, fhall affemble, and being
required by a magiflrate or conilable to difperfe, fhall
neverthelefs continue together for an hour after fuch
command, the perfons difobeying fhall fuffer death and
confifcation of moveables.
14. Judges, who, wilfully or through corruption, Corruption
ufe their authority as a cover to injuflice or oppreffion, in judges,
are punifhed with the lofs of honour, fame and dig¬
nity. Under this head may be claffed theftbote (from
bote, “ compenfation”), which is the taking a confi-
deration in money or goods from a thief to exempt
him from punifhment, or connive at his efcape from
juflice. A fheriff or other judge, guilty of this crime,
forfeits his life and goods. And even a private perfon,
who takes theftbote, fuffers as the principal thief. The
buying of difputed claims, concerning which there is a
pending procefs, by any judge or member either of the
feffion or of an inferior court, is punifhed by the lofs
of the delinquent’s office, and all the privileges thereto
belonging.
15. Deforcement is the oppofition given, or refill-Deforce-
ance made, to mefiengers or other officers, while they ment-
are employed in executing the law. The court of fef¬
fion is competent to this crime. It is punifhable rvith
the confifcation of moveables, the one half to the king,
and the other to the creditor at whofe fuit the diligence
4 T was
698
A W.
Part III.
Law of
Scotland.
Breach of
arreftment
Foreftal-
ling, &.c.
Murder.
Self-mur¬
der.
Barricide.
was ufed. Armed perfons, to the number of three or
, more, aflifting in the illegal running, landing, or export-
ing of prohibited or uncuftomed goods, or any who (hall
relift, wound, or maim any officer of the revenue, in the
execution of his office, are puniffiable with death and
the coiffifcation of moveables.
16. Breach of arref merit (fee N® Ixxviii. 5.) is a
crime of the fame nature with deforcement, as it im¬
ports a contempt of the law and of our judges. It fub-
je£ts to an arbitrary corporal punilhment, and the ef-
cheat of moveables •, with a preference to the creditor
for his debt, and for inch farther fum as lhall be mo¬
dified to him by the judge. Under this head of crimes
againft good government and police, may be reckon¬
ed the forefalling of markets; that is, the buying of
goods intended for a public market, before they are
carried there \ which for the third criminal a<ft infers
the efcheat of moveables ; as alfo flaying falmon in
forbidden time, deftroying plough graith in time of
tillage, llaying or houghing horfes or cows in time of
harveft, and deftroying or fpoiling growing timber ;
as to the puniftrtnent of which, fee ftatutes 1503. c. 72.
—1587, c. 82. and 1689, c. 16.— 1. Geo. I. St. 2.
c. 48.
17. Crimes againft particular perfons may be di¬
rected either againft life, limb, liberty, chaftity, goods,
or reputation. Murder is the wilful taking away of a
perfon’s life, without a neceftary caufe. Our law makes
no diftinCtion betwixt premeditated and hidden homi¬
cide : both are puniffied capitally. Cafual homicide,
where the aCtor is in feme degree blameable j and ho¬
micide in felf-defence, where the juft bounds of defence
have been exceeded ; are puniffied arbitrarily : but the
daughter of night thieves, houfebreakers, affiftances in
mafterful depredations, or rebels denounced for capital
crimes, may be committed with impunity. The crime
of demembration, or the cutting off a member, is ioined
with that of murder •, but in praftice its puniffiment
has been reftri&ed to the efcheat of moveables, and an
affythment or indemnification to the party. Mutilation,
or the difabling of a member, is punifned at the difere-
tion of the judge.
18. Self-murder is as highly criminal as the killing
cur neighbour ; and for this reafon, our lawr has, con¬
trary to the rule, crimina rnorte extingunntur, allowed a
proof of the crime, after the offender’s death, that his
fingle efcheat might fall to the king or his donatory.
T p this end, an aCfion muft be brought, not before the
'judiciary, but the feffion, becaufe it is only intended ad
civi/em effechan, for proving and declaring the felf-mur-
der ; and the next of kin to the decealed muft be made
a party to it.
to. The puniffiment of parricide, or of the murder
of a parent, in not confined, by our hnv, to the crimi¬
nal himfelf. All his pofterity in the right line are de¬
clared incapable of inheriting; and the fucceffion de¬
volves on the next collateral heir. Even the curfing
cr beating of a parent infers death, if the perfon guilty
be above 16 years; and an arbitrary puniftsment,Af
he be under it. A prefumptive cr ftatutory murder
is conftituted by 1690,0. 21. by which any woman
who ffiall conceal her pregnancy, during its whole
courfe, and ffiall not call for, or make ufe of, help in
the birth, is to be reputed the murderer, if the child
be dead, or amifling. This adl was intended to dif-
courage the unnatural practice of women making away Law of
with their children begotten in fornication, to avoid L Scotland.
church cenfures. v
20. Duelling, is the crime of fighting in fingle com-p)U!:.ijjn2._
bat, on previous challenges given and received. Fight¬
ing in a duel, without licenfe from the king, is puniffi¬
able by death; and whatever perfon, principal or fe-
cond, ffialb give a challenge to fight a duel, or fnall ac¬
cept a challenge, or otherwife engage therein, is punifti-
ed by baniihment and efcheat of moveables, though no
actual fighting fhould enfue.
21. Haimfucken from haim “ home,” and fockcn “ toHaimfuc-
feek or purlue”) is the affaulting or beating of a per-ken.
fon in his own houfe. The puniffiment of this crime is
nowhere defined, except in the books of the Majefty,
which makes it the fame as that of a rape ; and it is,
like rape, capital by our pradlice. The affault muft:
be made in the proper houfe of the perfon affaulted,
where he lies and rifes daily and nightly ; fo that nei¬
ther a public houfe, nor even a private, where one is
only tranfiently, 'falls within the law.
2 2. Any party to a law fuit, who ffiall flay, wound, Battery,
or otherwife invade his adverlary, at any period of time
between executing the fummons and the complete exe¬
cution of the decree, or lhall be acceffory to fuch inva-
fion, lhall lofe his caufe. The lentence pronounced on
this trial, againft him who has committed the battery,
is not fubjeft to redudlion, either on the head of mi¬
nority, or on any other ground whatever : and if the
perfon profecuted for this crime fhall be denounced for
not appearing, his liferent, as w'ell as fingle efcheat,
falls upon the denunciation.
23. The crime of xvrongous iniprifonment is inferred,Wrongous
by granting warrants of commitment in order to trial,*mPr'lon~
proceeding on informations not fubferibed, or withoutment'
expreffing the caufe of commitment; by receiving or
detaining prifoners on fuch warrants ; by refilling to a
prifoner a copy of the warrant of commitment; by de¬
taining him in clofe confinement, above eight days af¬
ter his commitment; by not releafing him on bail,
where the crime is bailable ; and by tranlporting per¬
fons out of the kingdom, without either their own con-
fent, or a lawful fentence. The perfons guilty of a
wrongous imprifonment are punifned by a pecuniary
mulift, from 6000I. down to 400I. Scots, according to
the rank of the perfon detained; and the judge, or
other perfon guilty, is over and above fubje&ed to pay
to the perfon detained a certain fum per diem propor¬
tioned to his rank, and is declared incapable of public
truft. AH thefe penalties may be infilled for by a fum-
mary a£fion before the feffion, and are fubje6f to no mo¬
dification.
24. Adultery, is the crime by which the marriage Adultery,
bed is polluted. This crime could neither by the Ro¬
man nor Jewilh law be committed, but where the
guilty wminan was the wife of another: by ours, it is
adultery, if either the man or woman be married. We
diitinguilh between fimple adultery, and that which is
notorious or manifeft. Open and manifeft adulterers,
who continue incorrigible, notvvithftanding the cen¬
fures of the church, are. puniflied capitally. This
crime is diftinguiffied by one or other of the following
characters : where there is iffue procreated between
the adulterers ; or wffiere they keep bed and company
together notorioufly; or where they give fcandal to
the
/
Chap.
Law of
Scotland
Bigamy.
Inceft.
III. L A
tha church, and are, upon their obftimte refufmg to
liften to its admonitions, excommunicated. The pu-
nifhment of fimple adultery, not being defined by fta-
tute, is left to the difcretion of the judge-, but cutdom
has made the falling of the (ingle efcheat one of its pe¬
nalties.
25. Bigamy is a perfon’s entering into the engage¬
ments ot a lecond marriage, in violation ot a former
marriage vow (fill fubfilting. Bigamy, on the part
of the man, has been tolerated in many (fates, be£ore
the eftablifliment of Chriilianity, even by the Jews
themfelves; but it is prohibited by the precepts of the
gofpel, and it is puniihed by our law, whether on the
part of the man or of the woman, with the pains of
perjury.
26. InceJI, is committed by perfons who (land with¬
in the degrees of kindred forbidden in Lev. xviii. and
is puniihed capitally. The fame degrees are prohi¬
bited in affinity, as in confanguinity, Lev. xviii. 13.
et feq. As this crime is repugnant to nature, all chil¬
dren, whether lawful or natural, (land on an equal
footing : c'vilis ratio civilia jura corrumpere poteji, non
vero naturalia. It is difficult indeed to bring a legal
proof of a relation merely natural, on the fide of the
father ; but the mother may be certainly known with¬
out marriage.
Itape. 2*i' There is no explicit ftatute making rape, or the
ravithing of women, capital ; but it is plainly fuppofed
in acl 1612, c. 4. by which the raviffier is exempted
from the pains of death, only in the cafe of the wo¬
man’s fubfequent confent, or her declaration that (he
went off with him of her own free will j and even then,
he is to fuffer an arbitrary punilhment, either by im-
prilbnment, confifcation of goods, or a pecuniary fine.
Theft. 28. Theft is defined, A fraudulent intermeddling with
the property of another, with a view of making gain.
Our ancient law proportioned the puniffiment of the
theft to the value of the goods itolen 5 heightening it
gradually, from a (light corporal punilhment to a ca¬
pital, if the value amounted to thirty-two pennies Scots,
' which in the reign of David I. was the price of two
(heep. In feveral latter afts, it is taken for granted,
that this crime is capital. But where the thing ftolen
is of fmall value, we confider it not as theft but as pic¬
kery, which is punifiied either corporally or by baniffi-
ment. The breaking of orchards, and the dealing of
green wood, is puniffied by a fine, which rifes as the
crime is repeated.
29. Theft may be aggravated into a capital crime,
though the value of the thing ftolen be trilling ; as
theft twice repeated, or committed in the night, or by
landed men ; or of things fet apart for facred ufes.
Refet of The receivers and concealers of ftolen goods, knowing
theft. them to be fuch, fufter as thieves. Thofe who barely
harbour the perfon of the criminal within 48 hours
either before or after committing the crime, are puniihed
as partakers of the theft. Such as iell goods belong¬
ing to thieves or lawlefs perfons who dare not them-
felves come to market, are punifiied with banifiiment
and the efcheat of moveables.
Robbery, 30. Theft attended with violence is called robbery ;
^tc* and in our old llatutes, rief or Jiouthrief; under which
clafs may be included foming, or the taking of meat and
drink by force, without paying for it. Stouthrief came
at lait to be committed fo audacioufly, by bands of men
W. 699
aflbeiated together, that it was thought neceffary to veft, Law ot
all our freeholders with a power of holding courts up-
on forners and rievers, and condemning them to death.
Nay, all were capitally puniihed, who, to fecure their
lands from depredation, paid to the rievers a yearly
contribution, which got the name of black mail. An
a£l alfo paffed, commanding to banifiiment a band or
forners, who were originally from Egypt, called gyp/ies,
and adjudging to death all that (hould be reputed Egyp¬
tians, it found thereafter within the kingdom. Rob-
berry committed on the leas is called piracy, and is
punithed capitally by the high admiral. Several of the
facts which conftitute this crime are fet forth in a Bri-
tifti ftatute, 8 Geo. I. c. 24. ^ x
31. Ealfehood, in a large fenfe, is the fraudulent imi-^a^100^
tation or fuppreffion of truth, to the damage of another.
The lives and goods of perlons convidted of uinig falle
weights or meafures were, by our old law, in the king’s
mercy : and their heirs could not inherit but upon a
remiffion. The lateft ftatute againft this crime pu-
niffies it by confifcation of moveables. That particular
fpecies of falfehood, which confifis in the falfifying of
writings, pafies by the name of forgery. Our practice Forgery,
has now of a long time, agreeably to the Roman law,
made this crime capital ; unlefs the forgery be of exe¬
cutions, or other writings of fmaller moment •, in wdiich
cafe, it is puniihed arbitrarily.
3 2. The writing rauft not only be fabricated, but
put to ufe or founded on, in order to infer this crime.
And though it be ftridtly criminal, yet the trial of it
is proper to the court of feffion j but where improba-
tion is-moved againft a deed by way of exception, the
inferior judge, before whom the action lies, is competent
to it adcivilem ejfedium. When it is pleaded as an ex¬
ception, our practice, to difeourage afteiied delays,
obliges the defender, who moves it, to confign 40I.
Scots 5 which he forfeits, if his plea (hall appear calum¬
nious.
33. Where a perfon, found guilty of forgery by the
court of feffion is by them remitted to the judiciary,
an indidtment is there exhibited againft him, and a
jury (worn, before whom the decree of feffion is produ¬
ced, in place of all other evidence of the crime, in re-
fpect of which the jury find the pannel guilty y fo that
that decree being pronounced by a competent court, is
held as full proof, or, in the ftyle of the bar, as probatio
probata.
34. Perjury, which is the judicial affirmation of a Perjury,
falfehood on oath, really conftitutes the crimen falfi;
for he who is guilty of it does, in the moft folemn
manner, fubftitute faliehood in the place of truth. To
conftitute this crime, the violation of truth muft be
deliberately intended by the fwearer; and therefore
reafonable allowances ought to be given to forgetful-
nefs or mifapprehenlion, according to his age, health,
and other circumftances. The breach of a promiffory
oath does not infer this crime ; for he who promifes on
oath may fincerely intend performance when he ('wears,
and fo cannot be faid to call on God to atteft a falfe¬
hood. Though an oath, however falfe, if made upon
reference in a civil queftion, concludes the caufe, the
perfon perjured is liable to a criminal trial •, for the ef-
fe6t of the reference can go no further than the private
right of the parties.
35. Notwithftanding the mifehievous confequences
4 T 2 of
Uiury.
7C0 ^ L A
ScotTinl p,'r'Ury t.° roci".v' !t “ not pnmiw capitally, but
j y- j by confifeation of moveables, imprifonment for a year,
and infamy. 1 he court of feilion is competent to per¬
jury mcidenter, when, in any examination upon oath,
taken in a caufe depending before them, a perfon ap¬
pears to have fwrorn falfely : but in the common cafe,
that trial is proper to the judiciary. Subornation of
perjury, confiits in tampering with perfons who are to
iwear in judgement, by directing them how they are
to depofe : and it is punithed with the pains of per-
jU37-
Stellioraie. 36. The crime of feliionale, from Jicllio, includes
every fraud w'hich is not diflinguifhed by a fpecial
name ; but is chiefly applied to conveyances of the
fame numerical right, granted by the proprietor to dif¬
ferent difponees. The punifhment of flellionate muff
neceifarily be arbitrary, to adapt it to the various na¬
tures and different aggravations of the fraudulent adfs.
The perfons guilty of that kind of it, which confifts in
granting double conveyances, are by our law declared
infamous, and their lives and goods at the king’s mer¬
cy. I he cognizance of fraudulent bankruptcy is appro¬
priated to the court of feflion, who may inflift any pu¬
nifhment on the offender that appears proportioned to
his guilt, death excepted,
37- -The crime of ufitry, before the Reformation,
confided in the taking of any intered for the ufe of
money ; and now in taking a higher rate of intered
than is authorized by law. It is divided into ufura
manifefa, or direct j and velata, or covered. One may
be gudty of the fird kind, either where he covenants
with the debtor for more than the lawdul intered on
the loan-money: or where one receives the intered
of a fum before it is due, fince thereby he takes a con-
fideration of the ufe of money befoi*e the debtor has
really got the ufe of it. Where a debt is clogged
with an uncertain condition, by which the creditor runs
the hazard of lofing his fum, he may covenant for a
higher intered than the legal, without the crime of
ufury : for there the intered is not given merely in con-
fideration of the ufe of the money, but of the danger
undertaken by the creditor. •
38. Covered ufury, is that which is committed un¬
der the malk, not of a loan, but of fome other contraft ;
e. g. a fale or an improper wadfet. And in general, all
obligations entered into w-ith an intention of getting
more than the legal intered for the ufe of money,
however they may be difguifed, are ufurious. Asa
farther guard againd this crime, the taking more than
the legal intered for the forbearance of payment of
money, merchandife, or other commodities, by w7ay of
loan, exchange, or other contrivance whatever, or the
taking a bribe for the loan of money, or for delaying
its payment when lent, is declared ufury. Where ufury
is proved, the ufurious obligation is not only declared
void, but the creditor, if he has received any unlawful
profits, forfeits the treble value of the fums or goods
lent. Ufury when it is to be purfued criminally, mud
be tried by the judiciary : but wdiere the libel con¬
cludes only for voiding the debt, or reditution, the fef-
fion is the proper court.
39- , InJurlh !n its proper acceptation, is the re¬
proaching or affronting our neighbour. Injuries are
either verbal or real. A verbal injury, wTen direfted
againd a private perfon, confidjs in the uttering contu-
w.
Fait IIf.
Injury*
melious woids, wmch tend to expofe our neighbour’s Law of
character by making him little or ridiculous. It does Scotland,
not leem that the twitting one with natural defendsv
without any farcadical refiedlions, though it be inhu¬
man, falls under this defcription, as thefe imply no real
reproach in the juft opinion of mankind. Where the
injurious expreffions have a tendency to blacken one’s
moral charader, or fix fome particular guilt upon him,
and are deliberately repeated in different companies, or
handed about in w;hifpers to confidants, it then grows
up to the crime of Hander : and where a perfon’s mo¬
ral charafter is thus attacked, the animus injuriandi is
commonly inferred from the injurious words themfelves
unlefs fpecial circumdances be offered to take off the
picfumption, ex gr. that the wmrds w7ere uttered in
judgement in one’s own defence, or by way of informa¬
tion to a magiftrate, and had fome foundation in fa<d.
I hough the cognizance of Hander is proper to the com-
miiiaries, who, as the judices Chri/hanitatis, are the
only judges of fcandal; yet, for fome time pad, bare
verbal injuries have been tried by other criminal judges
and even by the leffion. It is punilhed either by a
fine, proportioned to the condition of the perfons inju¬
ring and injured, and the circumdances of time and
place ; or if the injury import fcandal, by publicly ac¬
knowledging the offence 5 and frequently the two are
conjoined. The calling one a bankrupt is not, in drift
fpeech, a verbal injury, as it does not affeft the perfon’s
moral charafter ; yet, as it may hurt his credit in the
way of bufinefs, it founds him in an aftion of damages,
which mud be brought before the judge-ordinary.
A real injury is inflifted by any faft, by which a per¬
fon’s honour or dignity is affefted 5 as ftriking one
with a cane, or even aiming a blow without driking j
fpitting in one’s face ; affirming a coat of arms, or
any other mark of diftinftion proper to another, &c.
fl he compofing and publiihing defamatory libels mav
be reckoned of this kind. Real injuries are tried by
the judge-ordinary, and punilhed either by fine or
imprifonment, according to the demerit of the offenders.
40. After having Ihortly explained the leveral crimes
pumlhable by our law, this treatife may be concluded
with a few obfervations on criminal jurifdiftion, the
forms of trial, and the methods by which crimes may
be extinguilhed. Criminal jurifdiftion is founded,
I. Ratione domicilii, if the defender dwells within the Criminal
territory of the judge. Vagabonds, who have no cer-jurikfitH°n*
tain domicile, may be tried wherever they are appre¬
hended. . 2. Ratione deliBi, if the crime was com¬
mitted within the territory. Treafon is triable, by
the Englilh law7, in any county that the king Hiould
appoint ; and, by a temporary aft now expired, trea¬
fon committed in certain Scots counties was made tri¬
able by the court of jufticiary, wherever it Ihould fit.
41. No criminal trial can proceed, unlefs the perfon What per-
accufed is capable of making his defence. Abfents funs are not
therefore cannot be tried; nor fatuous nor furioustriable-
perfons, durante furore, even for crimes committed
while they were in their fenfes. For a like reafon,
minors who had no curators, could not, by the Roman
law, be tried criminally; but our praftice confiders
every perfon who is capable of dole, to be alfo fuffi-
ciently qualified for making his defence in a criminal
trial.
42. No perfon can be imprifoned in order to Hand Commit.
trial ni€riL
Chap. II!
A W.
Law of
Scotland.
Precogni¬
tion.
Form of
trial.
trial for any crime, without a warrant in writing ex-
^ prelTwg the caufe, and proceeding upon a fubfcribed
information, unlefs in the cafe of indignities done to
judges, riots, and the other offences fpecially mentioned
in 170/, c. 6. Every prifoner committed in order to
trial, if the crime of which he is accufed be not capi¬
tal, is entitled to be releafed upon bail, the extent of
which is to be modified by the judge, not exceeding
1 2,ooq merles Scots for a nobleman, 6000 for a landed
gentleman. 2000 for every other gentleman or burgefs,
and 600 for any other inferior perfon. That perfons
who, either from the nature of the crime with which
they are charged, or from their low circumlfances,
cannot procure bail, may not lie for ever in prifon un¬
tried, it is lawful for every fuch prifoner to apply to
the criminal judge, that his trial may be brought on.
The judge muft, within 24 hours after fuch applica¬
tion, iifue letters directed to meifengers, for intimating
to the profecutor to fix a diet for the prifoner’s trial,
within 60 days after the intimation, under the pain of
wrongous imprifonment : And if the profecutor does
not infill within that time, or if the trial is not linilhed
in forty days more when carried on before the juftici-
ary, or in thirty when before any other judge; the
prifoner is, upon a fecond application, fetting forth
that the legal time is elapfed, entitled to his freedom,
under the fame penalty.
43. Upon one’s committing any of the groffer
crimes, it is ufual for a judice of the peace, fheriff, or
other judge, to take a precognition of the fafts, i. e.
to examine thofe who were prefent at the criminal aft,
upon the fpecial circumftances attending it, in order
to know whether there is ground for a trial, and to
ferve as a direftion to the profecutor, how to fet forth
the fafts in the libel ; but the perfons examined may
infill to have their declarations cancelled before they
give tellimony at the trial. Jullices of the peace,
fheriffs, and magillrates of boroughs, are alfo autho¬
rized to receive informations, concerning crimes to be
tried in the circuit-courts j which informations are to
be tranfmitted to the juftice-clerk 40 days before the
fitting of the refpeftive courts. To difeourage ground-
lefs criminal trials, all profecutors, where the defend¬
er wras abfolved, were condemned by ftatute, in colls,
as they thould be modified by the judge, and belides
were fubjefted to a fmall fine, to be divided between
the fife and the defender : And where the king’s ad¬
vocate was the only purfuer, his informer was made
liable. This fufficiently warrants the prefent praftice
of condemning vexatious profecutors in a pecuniary
mulft, though far exceeding the ftatutory fum.
44. The forms upon trial in criminal accufations,
differ much from thofe obferved in civil aftions, if we
except the cafe of fuch crimes as the court of feffion is
competent to, and of leffer .offences tried before infe¬
rior courts. The trial of crimes proceeds either upon
indiftment, which is fometimes ufed when the perfon
to be tried is in pnfon ; or by criminal letters iffuing
from the fignet of the jufticiary. In either cafe, the
defender muft be ferved with a full copy of the indift¬
ment or letters, and with a lift of the witnelfes to be
brought againft him, and of the perfons who are to
pafs on the inqueft, and 15 free days muft intervene
between his being fo ferved and the day of appearance.
7CI
Law of
Scotland.
When the trial proceeds upon criminal letters, the pri¬
vate profecutor rnuft give fecurity, at railing the let¬
ters, that he will report them duly executed to the
jufticiary, in terms of 1535, c. 35. and the defender,
if he be not already in prifon, is, by the letters, re¬
quired to give caution, within a certain number of days
after his citation, lor his appearance upon the day
fixed for his trial : And if he gives none within the
days of the charge, he may be denounced rebel, which
infers the forfeiture of his moveables.
45. That part of the indiftment, or of the criminal
letters, which contains the ground of the charge againft
the defender, and the nature or degree of the punifh-
ment he ought to fuflfer, is called the libel. All libels,
muft be fpecial, fetting forth the particular fafts in¬
ferring the guilt, and the particular place where thefe
fafts were done. The time of committing the crime
may be libelled in more general terms, with an alter¬
native as to the month, or day of the month : but as
it is not prafticable, in moft cafes, to libel upon the
precife circumftances of acceftion that may appear in
proof, libels againft acceifories are fufficient, if they
mention, in general, that the perfons profecuted are
guilty art and part.
46. The defender in a criminal trial may raife letters
of exculpation, for citing witneifes in proof of his de¬
fences againft the libel, or of his objeftions againft any
of the jury or witnefies; which muft be executed to
the fame day of appearance with that of the indiftment
or criminal letters.
_ 47. The diets of appearance, in the court of jufti- Diets of
ciary, are peremptory: the criminal letters muft be appearance
called on the very day on which the defender is cited :
and hence, if no accufer appears, their effeft is loft,
injlantia peril, and new letters muft be raifed. If the
libel, or any of the executions, fhall to the profecutor
appear informal, or if he be diffident of the proof,
from the abfeonding of a neceiTary witnefs, the court
will, upon a motion made by him, defert the diet pro
loco et tempore; after which new letters become alfo
neceffary. A defender, who does not appear on the
very day to which he is cited, is declared fugitive ; in
confequence of which his Angle efeheat falls. The
defender, after his appearance in court is called the
pannel.
48. The two things to be chiefly regarded in a cri¬
minal libel, are, r. The relevancy of the fafts, i. e. their
fufficiency to infer the conclufion; 2. Their truth.
The confideration of the firft belongs to the judge of
the court 5 that of the other, to the jury or afiize. If
the fafts libelled be found irrelevant, the pannel is
diitniffed from the bar; if relevant, the court remits
the proof thereof to be determined by the jury 5 which
muft confift of 15 men picked out by the court from a
greater number, not exceeding 45, who have been all
fummoned, and given in lift to the defender at ferving.
him with a copy of the libel.
49. Crimes cannot, like debts, be referred to the Probation
defender’s oath ; for no perfon is compellable to fwear °f crimes,
againft himfelf, where his life, limb, liberty, or eftate
is concerned, nor even in crimes which infer infamy j
becaufe one’s good name is, in right eftimation, as
valuable as his life, i here is one exception however to
this rule in trying the crime of ufury, which may be
proved,
;o2
X-’-'v of
Scotland.
Socii crini-
?iis.
Verdict of
affize.
Powers of
a jury.
Sentences.
Ext i ration
of crimes.
L A
proved by tbe ufurer’s own oatb, notwithflanding the
rule, Nemo tenetur jurare in fua?n Vurpitudinem. Crimes
therefore are in the general caie proveable only by the
defender’s free confeilion, or by writing, or by wit-
Hcffes. No extrajudicial confedion, unlefs it is ad¬
hered to by the pannel in judgement, can be admitted
as evidence.
50. All objections relevant againfi a witnefs in civil
cafes are alfo relevant in criminal. No witnefs is ad¬
mitted, who may gain or lofe by the event of the
trial. Socu criminis, or affociates in the fame crime,
are not admitted againft one another, except either in
crunes againft the ftate, as treafon •, in occult crimes,
where other witneiTes cannot be had, as forgery ; or
in thefts or depredations committed in the Highlands.
The teftimony of the private party injured may be
received againft the pannel, w'here the king’s advocate
is the only profecutor, if from the nature of the crime,
there muft needs be a penury of w’itneffes, as in rape,
robbery, &c.
51. After all the witneffes have been examined in
court, the jury are fhut up in a room by themfelves,
where they muft continue, excluded from all correfpon-
dence, till their verdidf or judgement be fubfcribed by
tbe foreman (or chancellor) and clerk -, and according
to this verdift the court pronounces fentence, either
abfolving or condemning. It is not neceflary, by tbe
law of Scotland, that a jury fliould be unanimous i*i
finding a perfon guilty \ the narroweft majority is as
fufhcient againft the pannel, as for him. Juries can¬
not be punifhed on account of an erroneous verdift,
either for or againft tbe pannel.
52. Though the proper bufinefs of a jury be to in¬
quire into the truth of the fa£fs found relevant by the
court, for wdiich reafon they are fometimes called the
tnquejl; yet, in many cafes, they judge alfo in matters
of law or relevancy. Thus, though an objeffion againft
a witnefs fhould be repelled by the court, the jurv are
under no neceffity to give more credit to his teftimony
than they think juft : And in all trials of art and part,
where fpecial fa6ts are not libelled, the jury, if they
return a general verdi£i, are indeed judges not only of
the truth, but the relevancy of the fails that are fworn
to by the witneffes. A general verdidf, is that which
finds in general terms, that the pannel is guilty or not
guilty, or that the libel or defences are proved or not
proved. In a fpecial verdidf, the jury finds certain
facts proved, the import of which is to be afterwards
conlidered by the court.
53. Criminal judges muft now fufpend for fome
time the execution of fuch fentences as affeH life or
limb, that fo condemned criminals, whofe cafes deferve
favour, may have accefs to apply to the king for mercy.
No fentence of any court of judicature, fouth of the
river Forth, importing either death or demembration,
can be executed in lefs than 30 days \ and, if north
of it in lefs than 40 d'lys, after the date of the fentence.
But corporal punifhments, lefs than death or difmem-
bering, e. g. whipping, pillory, may be infiicled
eight days after fentence on this ilde Forth, and twelve
days a ter fentence beyond it.
54. Crimes are extinguifned, I. By the death of
the criminal: both becaufe a dead perfon can make
W. Part m.
no defence, fo that his trial is truly a judging upon the Law of
hearing of one fide ; and becaufe, though his guilt Sconict!.^
ihould be ever fo notorious, he is after death cairied
beyond the reach of human penalties : Such trials
therefore can have no effedf, but to punilh the inno¬
cent heir, contrary to that moft equitable rule, Culpa
tenet fuos auElores. 2. Crimes may be ext!» guiihed by
a remiffion from the fovereign. But a remiflion, though
it feeures the delinquent from the public refentment,
the exercile of which belongs to the crown, cannot
cut off the party injured from his claim of damages,
over which the crown has no prerogative. Whoever
therefore founds on a remiflion, is liable in damages,
to the private profecutor, in the fame manner as if he
had been tried and found guiky. Even general acts
of indemnity palled in parliament, though they fecure
againft fuch penalties as laur inlli£fs upon the criminal
merely per modum pcence, yet do not againft the pay¬
ment of any pecuniary fine that is given by ftatute
to the party injured, nor againft the demand o: any
claim competent to him in name of damages.
55. Leffer injuries, which cannot be properly faid
to affetl the public peace, may be extingmfhed, either
by the private party’s exprefsly forgiving him, or by
his being reconciled to the offender, after receiving
the injury. Hence arifes the rule, Dijjimulationc toliiiur
injuria. But where the offence is of a higher nature,
the party injured, though he may pals from the pro-
fecution, in fo far as his private intereft is concerned,
cannot preclude the king’s advocate, or procurator-
fifcal, from infifting ad vindiBam pubiicarn.
56. Crimes are alfo extinguilhed by prefeription, Prefcrip-
which operates by the mere lapfe of time, withouttl0n*
any acf either of the fovereign or of the private fufferer.
Crimes preferibe in 20 years but in particular crimes,
the prefeription is limited by ftatute to a Ihorter time.
No perfon can be profecuted upon the a£I againft
wrongous imprifonment, after three years. High trea¬
fon, committed within his majefty’s dominions, buffers
likewife a triennial prefeription, if indictment be not
found againft the traitor within that time. All affions
brought upon any penal ftatute made or to be made,
where the penalty is appropriated to the crown, expire
in two years after committing the offence 5 and where
the penalty goes to the crown or other profecutor, the
profecutor muft fue within one year, and the crown
within two years after the year ended. Certain crimes
are, without the aid of any ftatute, extinguiflied by a
fhorter prefeription than twenty years. By our old
law, in the cafes of rape, robbery, and hamefucken,
the party injured w'as not heard after a filence of
twenty-four hours} from a prefumption, that perfons
could not be fo grofsly injured, without immediately
complaining : And it is probable, that a profecution
for thefe crimes, if delayed for any confiderable time,
would be caft even at this day, or at leaft the punilh-
ment reftri&ed. Leffer injuries fuffer alfo a Ihort pre¬
feription •, law prefuming forgivenefs, from the nature
of the offence, and tbe filence of the party. The par¬
ticular fpace of time fufficient to eftabliih this pre¬
fumption muft be determined by the judge, according
to circumftances.
INDEX.
2
L A W.
703
INDEX.
ylcCESSORIES, v/hat, p. 617, 696
of grace, 695
Actions, nature of, 687
different forts of, 689
Adjudications, what, 659
Adminicles, 690
Admiralty, court of, 627
Adultery, 698
Alienation by deed, what, 607
record, 608
fpecial cuftom, ib.
devife, ib.
Arraignment, what, 621
Arbiters, 696
Arrejls, what, 621
AJJignations, account of, 672
B.
Bail and commitment, what, 621
Bankrupt eftates, fale of, 661
Baron, definition of a, 628
Bajlards incapable of legal fuccelfion, 687
Battery, 698
Bigamy, 699
Bifkops, jurifdidlion of, 631
Blafphemy, 697
Borough, definition, of, 628
Breach of arreftment, 698
Brieves, 691
Britifh conftitution, 586
Criminaljurifdi<ftion, p. 700
Crown, injuries proceeding from the, 614
D.
Caption, 695
Cautionry, what, 669
Ceffio bonorum, 695
Chattels, difpoirefiion of, 613
CircumduCtion, 693
ffivil fociety, what, 585
Clergy, of the, 601
benefit of, what, 622
Combat, Angle, probation by, 691
Commitment, 700
Common law, what, 590
three kinds of, 591
Conviction, what, 621
Corporations, what, 602
Corruption in judges, 697
CWrAr, ecclefiaftical, 611
of fpecial jurifdiclion, ib.
of the cognizance of private
wrongs, ib.
commiffary, 631
Crimes, definition, &c. of, 696
probation of, 701
extinction of, 702
prefcription of, ib.
Decrees,
Defences,
Deforcement,
Demurrer, what,
Diets of appearance,
Di/lurbance, what,
Duelling,
Dyvours habit,
E.
Entry by inventory, what,
hafp and ftaple,
a precept of clave conftat.
Equity, what,
Ejlates in pofleflion, what,
upon condition,
in reverfion,
in feveralty, &c.
Exchequer, court of,
Execution, what,
F.
Fafehood,
Felonies, what,
FiCtio juris,
Forefalling,
Forgery,
Freehold eftates, what,
G.
God, offences againft,
Government, what,
different forms of,
Guardian, what,
H.
Haimfucken,
Heir apparent, defcription of an,
Hereditaments, corporeal,
incorporeal,
High treafon, what,
Holding, feveral kinds of,
Homicide, defcription of,
Hufband, defcription of a,
I.
Imprifonment, wrongous,
Incef,
Individuals, offences againft,
habitations of,
offences againft,
Inhibitions, account of,
Injun/,
Interdictions, regiftration of,
Judges, jurifdiftion of,
by whom named,
694
691
697
615
701
614
698
695
682
ib.
ib.
589
605
ib.
ib.
606
627
616
699
618
693
698
699
604
617
585
ib.
602
968
681
603
ib.
617
644
619
602
698
699
619
ib.
620
658
700
638
624
626
fudges, qualifications of, p. 626
Jury, 702
Jufice, college of, 626
offences againft, 618
K.
Kindred, degrees of, forbidden to
marry, 632
King, title of the,
family of the, 600
councils belonging to the, ib.
duties of the, ib.
prerogative of the, ib.
revenue of the, ib.
L.
Lazes, nature of, in general, 582
of revelation, 583
of nations, 584
municipal, ib.
interpretation of, 58S
of England, 590
civil, 593:
canon, ib.
w7ritten, 96
Litifcontefation, 691
Lord of regality, what, 627
Lyon king at arms, office of, 629
M-
Magif rates, fubordinate, 60 r
Mandate, definition of, 668
Marriage, nature of, 634
Mafers, defcription of, 602
Minors, tutors of, 63 y
MiJprijion of treafon, 697
Mifprifons, what, 61 8
Murder, 698
N.
Nuifance, what, 612
O.
Oaths, probation by, 692
Obligations and contracts, 667
diffolution of, 671
Offences, means of preventing, 620
P.
Parent, defcription of a,
Parliament, of the,
Parricide,
Patronage, account of,
People, of the, w hether natives, &c.
Perjury,
Perfonal property, injuries done to,
Perfons, rights of,
capable of committing crimes, 617
Pleadings, what, gj ^
Poindings,v
602
599
698
629
601
699
612
ib.
7°4
Voindings, nature of,
Pope, jurifdiftion of the,
Praemunire, what,
Precognition,
Prefcription, of crimes,
pofitive,
negative,
Prefumptions,
Private wrongs, how redreffed,
Probation, various ways of,
Procefs, what,
Property, real, what,
injuries done to,
Profecution, various modes of,
Public wrongs, what,
R.
Rape,
ReduBion,
Refet of theft,
Remedies, purfuit of by a£tion,
Reprieve and pardon, what,
Rights, diviiion of,
heritable, what,
acquired by feu,
tranfmiffion of,
redeemable,
moveable,
Robbery,
S.
Scotland, municipal law of,
common law of,
P- 673
629
618
701
702
675
676
693
610
691
615
603
613
621
616
699
694
699
614
622
639
640
647
650
651
662
699
622
623
law.
Scotland, courts of,
prince of,
Sedition,
Selfmurder,
Sentences,
Sequejlration, what,
Servants, defeription of,
Servitudes, account of,
Socii criminis,
Spuilzies,
State, civil,
military and maritime,
Statutes, coniirudtion of,
Ste/lionate,
SubmiJJion,
SubtraBion, what,
SucceJJion, nature of,
in moveables,
Summonfes,
Superior, cafualties due to the,
Sufpenfon,
System, the feodal,
T.
Teinds, defeription of,
Tenures, modern Englilh,
ancient Englilh,
Theft,
Things, rights of,
real, title to,
perfonal, what,
property in,
p. 624
628
697
698
693
660
602
652
702
689
601
602
597
700
696
614
678
684
691
645
694
603
656
604
ib.
699
602
606
608
609
Things, title to, by occupancy,
title to, by prerogative,
Title by defeent, what,
purchafe,
occupancy,
prefeription,
forfeiture,
alienation,
cuflom,
fucceffion,
gift,
bankruptcy,
teftament,
Transference, aftion of,
Tranfumpt, a&ion of,
Treafon,
Trefpafs, what,
Trial, fpecies of,
form of,
U.
VerdiB,
Ufury,
w.
Wakening, procefs of,
Wafe, what,
Wife, defeription of a,
obligations of a,
inhibition of a,
Witnejfes, probation by,
Word, obligation by,
Writ, obligation by,
Wrongs and their remedies, what,
Index.
p. 609
609
6c6
ib.
ib.
607
ib.
ib.
609
ib.
ib.
610
ib.
690
690
697
613
615
701
702
700
690
614
602
633
634
692
664
ib.
612
LAW
Law- LAir-Language, In England all law proceedings
Language. were formerly written, as indeed all public proceedings
v r.J were^ jn jsjorman or jaw Trench, and even the argu¬
ments of the counfel and decifions of the court were in
the fame barbarous dialefl. An evident and (hameful
badge, it muft be owned, of tyranny and foreign fer*
vitude j being introduced under the aufpices of Wil¬
liam the Norman, and his fons : whereby the obferva-
tion of the Roman fatirift was once more verified, that
Gallia caufdicos docuit facunda Britannos. This con¬
tinued till the reign of Edwrard III. j who, having em¬
ployed his arms fuccefsfully in fubduing the crowm
of France, thought it unbefeeming the dignity of the
vidfors to ufe any longer the language of a vanquifhed
Blacljt. country. By a ftatute, therefore, paffed in the 36th
Comment year of his reign, it was enadled, that for the future
all pleas Ihould be pleaded, fhown, defended, anfwered,
debated, and judged, in the Englifh tongue j but be
entered and enrolled in Latin : In like manner as Don
Alonfo X. king of Caftile (the great-grandfather of
our Edward III.) obliged his fubjecls to ufe the Ca-
ftilian tongue in all legal proceedings •, and as, in 1286,
the German language was eftabliihed in the courts of
the empire. And perhaps, if our legiflature had then
direcled that the writs themfelves, which are mandates
from the king to his fuhjedls to perform certain aefs
as to appear at certain places, fliould have been framed
LAW
in the Englifh language, according to the rule of our Law-
ancient law, it had not been very improper. But the Language-
recerd or enrolment of thofe writs and the proceed- v '
ings thereon, which was calculated for the benefit of
pofterity, was more ferviceable (becaufe more durable)
in a dead and immutable language than in any flux or
living one. The prahfifers, however, being ufed to the
Norman language, and therefore imagining they could
exprefs their thoughts more aptly and more concifely
in that than in any other, ftill continued to take their
notes in law French ; and of courfe, w’hen thofe notes
came to be putelifhed, under the denomination of re¬
ports, they were printed in that barbarous dialedf; which
joined to the additional terrors of a Gothic black let¬
ter, has occafioned many a fludent to throw away his
Plowden and Littleton, without venturing to attack a
page of them. And yet in reality, upon a nearer ac¬
quaintance, they would have found nothing very for¬
midable in the language ; wdiich differs in its gram¬
mar and orthography as much from the modern French,
as the dfotion of Chaucer and GowTer does from that of
Addifon and Pope. Befides, as the Engliih and Nor¬
man languages were concurrently ufed by our ancef-
tors for feveral centuries together, the two idioms have
naturally affimilated, and mutually borrowed from each
other: for which reafon the grammatical confhuftion
of each is fc very much the fame, that I apprehend an
EngliihmaB
X
LAW [ 705 ] LAW
Law- Engliflnnan (with a week’s preparation) would under-
Language. flancj t},e iaws 0f Normandy, collecled in their grand
coujiumier, as well, if not better, than a Frenchman bred
within the walls of Paris.
The Latin, which fucceeded the French for the en¬
try and enrolment of pleas, and which continued in
ufe for four centuries, anfwers fo nearly to the Englilh
(oftentimes word for word) that it is not at all furprif-
ing it fhould generally be imagined to be totally fa¬
bricated at home, with little more art or trouble than
by adding Roman terminations to Englilh words.
Wh ereas in reality it is a very univerfal dialed!, fpread
throughout all Europe at the irruption of the northern
nations ; and particularly accommodated and moulded
to anfwer all the purpofes of the lawyers with a pecu¬
liar exadlnefs and precifion. This is principally owing
to the fimplicity, or (if the reader pleafes) the poverty
and baldnefs of its texture, calculated to exprefs the
ideas of mankind juft as they arife in the human mind,
without any rhetorical flourifhes, or perplexed orna¬
ments of ftyle : for it may be obferved, that thofe laws
and ordinances, of public as well as private communi¬
ties, are generally the moft eafily underftood, where
llrength and perfpicuity, not harmony or elegance of
expreflion, have been principally confulted in compil¬
ing them. Thefe northern nations, or rather their le-
giflators, though they refolved to make ufe of the Latin
tongue in promulging their laws, as being more du¬
rable and more generally known to their conquered
fubjedls than their own Teutonic dialedls, yet (either
through choice or neceflity) have frequently intermixed
therein fome words of a Gothic original : which is,
more or lefs, the cafe in every country of Europe, and
therefore not to be imputed as any peculiar blemifh in
our Englifh legal latinity. The truth is, what is ge¬
nerally denominated law-Latin is in reality a mere
technical language, calculated for eternal duration, and
eafy to be apprehended both in prefent and future times ;
and on thole accounts belt fuited to preferve thofe me¬
morials which are intended for perpetual rules of ac¬
tion. The rude pyramids of Egypt have endured from
the earlielt ages, while the more modern and more ele¬
gant ftru&ures of Attica, Rome, and Palmyra, have
funk beneath the ftroke of time.
As to the objedlion of locking up the law in a flrange
and unknown tongue, this is of little weight with re¬
gard to records; which few have occafion to read, but
fuch as do, or ought to, underftand the rudiments of
Latin. And belides, it may be obferved of the law-
Latin, as the very ingenious Sir John Davis obferves
of the law-French, “ that it is fo very eafy to be
learned, that the meaneft wit that ever came to the
fludy of the law' doth come to underftand it almoft per¬
fectly in ten days without a reader.”
It is true, indeed, that the many terms of art, wdth
W'hich the law abounds, are fufficiently harlh when
Latinized (yet not more fo than thofe of other fciences),
and may, as Mr Selden obferves, give offence “ to
feme grammarians of fqueamifh ftomachs, who would
rather choofe to live in ignorance of things the mofl:
ufehil and important, than to have their delicate ears
wounded by the ufe of a word unknown to Cicero,
SallulR or the other waiters of the Auguftan age.”
Yet this is no more than mull unavoidably happen when
things of modern ufe, of which the Romans had no
Vol. XL Part II.
idea, and confequently no phrafes to exprefs them, Law-
come to be delivered in the Latin tongue. It w'ould Langiuge.
puzzle the moft claffical fcholar to find an appellation,
in his pure Latinity, for a conftable, a record, or a
deed of feoffment : it is therefore to be imputed as
much to neceflity as ignorance, that they were ftyled
in our forenlic dialed, coti/tabulanus, recordum, and
feoffamentum. Thus again, another uncouth word of
our ancient laws (for I defend not the ridiculous bar-
barifms lometimes introduced by the ignorance of mo¬
dern pradifers), the fubftantive murdrum, or the verb
tmirdrarc, however harfh and unclaflical it may feem,
was neceffarily framed to exprefs a particular offence j
fince no other word in being, occidere, interjicere, necare,
or the like, was fufficient to exprefs the intention of
the criminal, or quo ammo the ad was perpetrated •,
and therefore by no means came up to the notion of
murder at prefent entertained by law 5 viz. a killing
with malice aforethought.
A fimilar neceflity to this produced a fimilar effed
at Byzantium, when the Roman laws were turned into
Greek for the ufe of the oriental empire $ for without
any regard to Attic elegance, the lawyers of the im¬
perial courts made no fcruple to tranflate fidei commif-
farios, tpihi xe/u.p,ttnr<Z£iist ; cubiculum ; - filium-
familias, TrctiOx-tpupiXicu;; repudium, ; compromif-
fum, Ktp.Tr^op.ura-tn); reverentia et obfequium, kcu
eGrtxvtorj and the like. They ftudied more the exad and
precife import of the words, than the neatnefs and deli¬
cacy of their cadence. And it may be fuggefled, that
the terms of the law are not more numerous, more un¬
couth, or more difficult to be explained by a teacher,
than thofe of logic, phyftcs, and the whole circle of
Ariftotle’s philofophy ; nay, even of the politer art
of architedure and its kindred fludies, or the fcience
of rhetoric itfelf. Sir Thomas More’s famous legal
queftion contains in it nothing more difticult, than the
definition which in his time the philofophers currently
gave of their materia prima, the groundwork of all na¬
tural knowledge j that it is neque quid, neque quantum,
neque quale, neque aliquid eorum quibus ens determinatur ;
or its fubfequent explanation by Adrian Heereboard, wffio
affures us, that materia prima non eft corpus, neque per
formam corporeitatis, neque per f mplicem ejfentiam : ejl
tamen ens, et quidem fubftantia, licet incompleta ; habetque
aBum ex fe entitativum, et fimul ejl potentia fubjeBiva.
The law, therefore, with regard to its technical nhrafes,
Hands upon the fame footing with other fludies, and
requefts only the fame indulgence.
This technical Latin continued in ufe from the time
of its firft introdudion, till the fubverfion of our an¬
cient conftitution under Cromwell : when, among many
other innovations in the law, fome for the better and
fome for the worfe, the language of our records was al¬
tered and turned into Englifh. But, at the reftoration
of King Charles, this novelty w'as no longer counte¬
nanced •, the pradifers finding it very difficult to ex¬
prefs themfelves fo concifely or fignificantly in any o-
ther language but the Latin. And thus it continued
without any fenfible inconvenience till about the year
1730, when it was again thought proper that the pro¬
ceedings at law fhould be done into Englifh, and it
was accordingly fo ordered by ftatute 4 Geo. II. c. 26.
This was done, in order that the common .-people
might have knowledge and underftanding of what
4 U was
#
Law.
Blackjl.
Comment.
Ij A. W [ >-j{
i v;as alleged or done for and againft them in the
piocels and pleadings, the judgement and entries in
caufe. ^ Which purpofe it is doubtful how well it
lias anfwcred j but there is reafon to fufpetf, that
the people, are now, after many years experience,
altogether as ignorant in matters of law as before. On
the other hand, th^efe inconveniences have already
amen from the alteration; that now many clerks and
attorneys are hardly able to read, much lefs to under-
fland, a record even of fo modern a date as the reign
of George I. And it has much enhanced the expence
of all legal proceedings : for fince the pra&ifers are
confined (for tne lake of the damp duties, which are
thereby confiderably increafed) to write only a Hated
t.umber of words in a fheet } and as the Enghlh lan-
guage, through the multitude of its particles,' is much
more verbofe than the Latin ; it follows, that the num¬
ber of ftieets mud be very much augmented by the
change. The trandation alfo of technical phrafes, and
the names of writs and other procefs, Mere found to
be to very ridiculous (a writ of tiijipruts^ quarc wipedit,
fieri facias, habeas corpus, and the red, not being ca¬
pable of an Engliflr drefs with any degree of feriouf-
nefs), that in two years time a new adt was obliged to
lie made, 6 Geo. II. c. 14. which allows all technical
words to continue in the ulual language, and has
thereby defeated every beneficial purpofe of the former
datute.
Trial by Wager of Law, {yadiatio legist) a fpecies
of trial, in the Englidi law, fo called, as another fpecies
is dyled “ wager of battel,” vadiatio duelli, (fee Bat-
TF.l) ; becaufe, as in the wager of battel, the defendant
gave a pledge, gage, or vadium, to try the caufe by bat¬
tel ; fo here he M as to put in fureties or vadios, that at
J'uch a day he M ill make his law, that is, take the be¬
nefit which the law has allowed him. (See the article
Trial). For our ancedors confidered, that there
were many cafes where an innocent man, of good cre¬
dit, might be overborne by a multitude of falfe wit-
neffes j and therefore edablifhed this fpecies of trial,
by the oath of the defendant himfelf: for if he will
abfolutely fwear himfelf not chargeable, and appears to
be a perfon of reputation, he diall go free, and for ever
acquitted of the debt, or other caufe of a6lion.
The manner of M’aging and making law is this.
He that has M’aged, or given fecurity to make his
law, brings with him into court eleven of his neigh¬
bours : a cudom M’hich M’e find particularly deferibed
fo eaily as in the league between Alfred and Guthrun
the Dane j for by the old Saxon conditution every
man’s credit in courts of law depended upon the opi¬
nion which his neighbours had of his veracity. The
defendant then, Handing at the end of the bar, is ad-
monifhed by the judges of the nature and danger of a
falfe oath. And if he dill perfids, he is to repeat,
this or the like oath : “ Hear this, ye judices, that I
do not oMe unto Richard Jones the fum of ten pounds,
nor any penny thereof, in manner and form as the laid
Richard hath declared agahdt me. So help me God.”
And thereupon his eleven neighbours or compurga¬
tors diall avow upon their oaths, that they believe in
their confciences that he faith the truth j. fo that him¬
felf mud be fworn de fdehtate, and the eleven de credu-
litate.
In the old Swedidi or Gothic conditution, wager
6 ] LA W
of law was not only permitted, as it is in criminal Law.
cafes, unlefs the fatb be extremely clear agalnd the ' J '
prifoner •, but M?as alfo abfolutely required, in many
civil cafes : which an author of their own very judly Sticrnhook,
charges as being the lource of frequent perjury. This, fib- ix. c. 1.
he tells us, mas owing to the Popidi ecclefiailics, who
introduced this method of purgation from their canon
law j and, having fown a plentiful crop of oaths in all
judicial proceedings, reaped aftenvards an ample har-
ved of perjuries: for perjuries were puniihed in part
by pecuniary fines, payable to the coders of the
church. But with us in England wager of law is ne¬
ver required i and then only admitted, M’here an aftion
is brought upon fuch matters as may be fuppofed to
be privately tranfadled between the parties, and where¬
in the defendant may be prefumed to have made fatis-
fadtion without being able to prove it. Therefore it
is only in adtions of debt upon fimple contradl, or for
amercement, in adlions of detinue, and of account,
M’here the debt may have been paid, the goods redor-
ed, or the account balanced, without any evidence of
either. And by fuch wager of law (when admitted)
the plaintiff is perpetually barred ; for the laM-, in the
fimplicity of the ancient times, prefumed that no one
M’ould forfwear himlelf for any M-orldly thing. Wager
of law, however, lieth in a real adlion, where the te¬
nant alleges he mas not legally fummoned to appear, as
well as in mere perfonal contradls.
The wager of law was never permitted but where
the defendant bore a fair and unreproachable charac¬
ter 3 and it mas alfo confined to fuch cafes where a
debt might be fuppofed to be difeharged, or latisfac-
tion made in private, M'ithout any M’itneffes to atted
it : and many other prudential redriefions .accompa¬
nied this indulgence. But at length it was confidered,
that (even under all its redridlions) it threw too great
a temptation in the way of indigent or profligate men :
and therefore by degrees new remedies were devifed,
and new forms of adtion MTere introduced, wherein no
defendant is at liberty to MAge his law. So that now
no plaintiff need at all apprehend any danger from the
hardinefs of his debtor’s confcience, unlefs he volunta¬
rily choofes to rely on his adverfary’s veracity, by
bringing an obfolete, inftead of a modern adtion.
Therefore, one ftiall hardly hear at prefent of an ac¬
tion of debt brought upon a fimple contradl: that be¬
ing fupplied by an adlion of trefpofs on the cafe for the
breach of a promife or afumpfit ; M’herein, though the
fpecific debt cannot be recovered, yet damages may,
equivalent to the fpecific debt. And, this being an
adtion of trefpafs, no law can be waged therein. So,
inffead of an action of detinue to recover the very thing
detained, an adtion of trefpafs on the cafe in trover and
converfon is ufually brought j wherein, though the
horfe or other fpecific chattel cannot be had, yet the
defendant diall pay damages for the converdon, equal
to the value of the chattel; and for this trefpafs alfo
no wager of law is allowed. In the room of adtions
of account, a bill in equity is ufually filed : wherein,
though the defendant anfwers upon his oath, yet fuch
oath is not conclufive to the plaintiff j but he may
prove every article by other evidence, in contradidtion
to M’hat the defendant has fworn. So that MAger of
law is quite out of ufe, being avoided by the mode of
bringing the adtion j but dill it is not out of force.
And
Cuflom-
houfe
Laws.
Hamilton's
Introduc¬
tion to
Merchan-
dife.
LAW l 707 ] LAW
And therefore, when a new ftatute inili&s a penalty,
and gives an action of debt for recovering it, it is
ufual to add, “ in which no wager of law (hall be al¬
lowed otherwife a hardy delinquent might efcape
any penalty of the law, by {wearing he had never in¬
curred, or elfe had difcharged it.
Cuftom-Houfe Laws. The expedient of exafting
duties on goods imported, or exported, has been a-
dopted by every commercial nation in Europe. The
attention of the Britilh legiflature has not been confin¬
ed to the objefl of raifing a revenue alone, but they
have attempted by duties, exemptions, drawbacks,
bounties, and other regulations, to direft the national
trade into thofe channels that contribute molt to the
public benefit. And, in order to obtain every requi-
lite infoTmation, all goods, exported or imported,
whether liable to duty or not, are required to be en¬
tered at the refpe&ive cuftom-houfes ; and, from thefe
entries, accounts are regularly made up of the whole
Britifli trade, diftinguilhing the articles, their quanti¬
ty and value, and the countries which fupply or receive
them.
The objefts of the Britifh legillature may be reduced
to the following heads.
Firft, To encourage the employment of Britilh (hip¬
ping and feamen, for the purpofe of fupplying our navy
when public exigencies require.
Secondly, To increafe the quantity of money in the
nation, by prohibiting the exportation of Brithh coin,
by encouraging exportation, and difeouraging impor¬
tation, and by promoting agriculture, fiiheries, and
manufaftures. For thefe purpofes, it is penal to en¬
tice certain manufa6hirers abroad, or export the tools
ufed in their manufactures : the exportation of raw
materials is, in mod instances, prohibited \ and their
importation permitted free from duty, and fometimes
rewarded with a bounty. The exportation of fome
goods, manufactured to a certain length only (for
example white cloth), is loaded with a duty, but per¬
mitted duty free when the manufacture is carried to
its full extent. The importation of rival manufactures
is loaded with heavy duties, or abfolutely prohibited.
Thefe reflrictions are mod fevere towards nations ■with
which the balance of trade is fuppofed againd us, or
which are confidered as our mod formidable rivals in
power or commerce. Upon this principle the com¬
merce with France, till lately, laboured under the hea-
vied redrictions.
Thirdly, To fecure us plenty of neceffaries for fub-
fidence and manufacture, by difeouraging the expor¬
tation of fome articles that confume by length of time,
and regulating the corn trade according to the exigen¬
cies of the feafons.
Fourthly, To fecure the trade of the colonies to
the mother country, and preferve a mutual intercourfe,
by encouraging the produce of their daple commodi¬
ties, and redraining their progrefs in thefe manufac¬
tures which they receive from us in exchange.
The foundation of our commercial regulations is the
famous a£l of navigation, which was fird enacted dur¬
ing the time of the Commonwealth, and adopted by
the fird parliament after the Redoration. The fub-
dance of this aft, and fubfequent amendments, is as
follows:
I. Goods from Alia, Africa, and America, may not
be imported, except in Britifh (hips duly navigated, or Cuftom-.
dups belonging to the Brithh plantations ; and they
can only be imported from the place of their produc- 1 . —
tion or manufafture, or the port where they are ufually
fird (hipped for tranfportation. Goods of the Spanilh
or Portuguefe plantations, imported from Spain and
Portugal in Britiih drips, bullion, and fome other incon-
fiderable articles, are excepted.
The redriftion on European goods is not univerfal,
but extends to feveral of the bulkied articles. Rudiatt
goods, mads, timber, boards, fait, pitch, rofin, tar,
hemp, dax, raifins, figs, prunes, olives, oil, corn, fu-
gar, potafhes, wine, and vinegar, may not be import¬
ed, except in drips belonging to Great Britain or Ire¬
land, legally manned ; nor Turkey goods and currants,
except in (hips Britifh built ; or hi (hips belonging to
the country where thefe goods are produced or manu-
faftured, or fird (hipped for exportation, and, if im¬
ported in foreign (hips, they pay alien’s duty.
In order to entitle a (hip to the privileges of a Bri¬
tiih (hip, it mud be built in Britain, and belong en¬
tirely to Brithh fubjefts j and the mailer, and three-
fourths of the mariners, mud be Britidi fubjefts, ex¬
cept in cafe of death, or unavoidable accidents. In
time of war, the proportion of Britidi mariners re¬
quired is generally confined to one-fourth j and the
fame proportion only is required in the Greenland
fiihery.
No goods may be imported into, or exported from,
the plantations in Ada, Africa, or America, except in
diips built in Britain, Ireland, or the plantations, or
prize (hips, manned by Britilh fubjefts, duly regidered,
and legally navigated.
The following goods, enumerated in the aft of na¬
vigation and fubfequent afts, may not be exported
from the plantations, except to fome other plantation,
or to Britain : Tobacco, cotton wool, indigo, ginger,
fudic, and other dying wTood, molaffes, hemp, copper
ore, beaver duns and other furs, pitch, tar, turpentine,
mads, yards, and bolfnrits, coffee, pimento, cocoa-
nuts, whale fins, raw (ilk, pot and pearl allies. Rice
and fugar were formerly comprehended in this lid, but
their exportation is now permitted under certain re-
driftions.
Iron may not be imported to Europe, except to
Ireland 5 and none of the non-enumerated may be im¬
ported to any country north of Cape Finiderre, except
the bay of Bifcay and Ireland.
2. For the more effeftual prevention of fmuggling,
no goods may be imported in veffels belonging to Bri-
tifli fubjefts ; and no wine, in any veffel whatever, un-
lefs the mader have a manifed on board, containing
the name, meafure, and built of the (hip, the place to
which it belongs, and a didinft enumeration of the
goods on board, and places where they were laden.
If the (hip be cleared from any place under his maje-
dy’s dominions, the manifed mull be atteded by the
chief officer of the cudoms, or chief magidrate, who
is required to tranfmit a copy thereof to the place of
dedination. Shipmaders mud deliver copies of this
manifed to the fird cudomhoufe officer who goes on
board within four leagues of the (hore, and alfo to the
fird who goes on board within the limits of any port,
and mud deliver the original manifed to the cudom¬
houfe at their arrival, and make report of their cargo
4 U 2 upon
A
Cuftom-
houfe
Laws.
LAW [ 7o8
upon oath. If the report difagree with the manifeft,
or either djfagree with the cargo on board, the fhip-
_j mafter is liable in the penalty of 2col. The pro¬
prietors of the goods mult enter them, and pay the
duties within 20 days ; otherwife they may be carried
to the cultomhonfe, and fold by audtion, if not reliev¬
ed within fix months ; and the overplus of the value,
after paying duty and charges, paid to the proprie¬
tors.
3. The importation of tattle, beef, mutton, and
pork, except from Ireland, woollen cloths, malt, and
various aiucles oi hardware, cutlery, and earthen ware,
is prohibited : Alfo the following goods from Germany
and the Netherlands j olive oil, pitch, tar, potalhes, ro-
lin, fait, tobacco, wines, except Rbenilh wine, and
Hungary wines from Hamburgh.
4. I he importation of various other goods is re¬
linked by particular regulations, refpeking the time
and place of importation, the packages, the burden of
the Ihip, the requifition of a hcenfe, and other circum-
llances.
To guard more effekually again!! clandelfine trade,
the importation of fome articles is only permitted in
Ihips of a certain burden, vvhofe operations are not ea-
fily. concealed. Spirits mult be imported in Ihips of
100 tons or upwards, except rum, and fpirits of Bri-
tiih plantations, which are only relinked to 70 tons ;
wine, 60 tons j tea, tobacco, and fnuff, 50 tons; fait,
40 tons. Wine, fpirits, and tobacco are alfo relinked
in refpek of the packages in which they may be im¬
ported.
5. Diamonds and precious Hones, flax, flax feed, li¬
nen rags, beaver wool, wool for clothiers, linen yarn
unbleached, and moll drugs ufed in dyeing, may be im¬
ported duty free.
6. All goods imported are liable to duties, except
fuch as are exprefsly exempted. The revenue of cu-
ftoms is of great antiquity in Britain, but was new-
modelled at the reftoration of Charles II. A fubfidy
of tonnage on wines, and of poundage, or is. per
pound value of other goods, was granted during the
king’s life, and, after leveral prolongations, rendered
perpetual. A book of rates was compofed for afeer-
taining thefe values •, and articles not rated paid duty
according to the value, as affirmed upon oath by the
importer. If the goods be valued too low by the im¬
porter, the cuftomhoufe officer may feize them, upon
paying to the proprietor the value he fwore to, and
10 per cent, for profit j fuch goods to be fold, and
the overplus paid into the cuftoms. Various addi¬
tional duties have been impofed 5 fome on all goods,
ibme on particular kinds fome according to the rates,
ibme unconneked with the rates ; fome with an al¬
lowance of certain abatements, fome without any al¬
lowance ; the greater part to lie paid down in ready
money, and a few for which fecurity may be granted 5
often with variations, according to the Ihip’s place
and circumftances of importation. The number of
branches amounted to upwards of 50 ; and fometimes
more than 10 were chargeable on the fame articles
]
L A W
By this means, the revenue of the culloms has be¬
come a fubjek of much intricacy. The inconveniences
which this gave rife to are now removed by the confoli-
dation ak 5 which appoints one fixed duty for each ar¬
ticle free from frakions, inftead of the various branches Curtom-
to which they were formerly lubjek. houfe
7. Goods of moll kinds may be exported duty free ,irLaws’..
when regularly entered ; and thofe that have paid duty 6
on importation are generally entitled to drawback of 1—-y—'
part, fometimes of the whole, when re-exported within
three years, upon certificate that the duties were paid
on importation, and oath of their identity. In fome
cafes, a bounty is given on manufakured goods, when
the materials from which they are manufa61ured have
paid duty on importation ; and manufakures fubjek to
excife, have generally the whole or part of the excife
duties returned.
8. The following goods are prohibited to be ex¬
ported ; white alhes, horns, unwrought hides of black
cattle, tallow, corn, brafs, copper, engines for knit¬
ting ftockings, tools for cotton, linen, woollen, filk,
iron and fteel manufakures, wool, wool fells, woolj
len yarn, fullers earth, fulling clay, and tobacco-pipe
clay. ' r
9. The objek of the laws refpeking the corn trade
is to encourage, agriculture, by not only permitting
the free exportation, but rewarding it with a bounty
when the prices are low, and checking the importa¬
tion by. a heavy duty; and to prevent fcarcity, by
prohibiting the exportation wffien the prices are high,
and permitting importation at an eafy duty. Various
temporary laws have been enaked for thele purpofes,
and .fometimes other expedients employed in times of
fcarcity, fuch as prohibiting the diftillery from corn,
and manufakure of llarch.
10. Bounties are allowed on the exportation of re¬
fined fugar, fail-cloth, linen under limited prices, filk
fluffs of Britifh manufakure, cordage, fpirits wffien
barley is under 24s. beef, pork, and the following
kinds of filh, falmon, herrings, pilchards, cod, ling^
flake, and fprats.
Various other bounties are allowed for the encou¬
ragement of our fiflieries. Ships from 130 to 300
tons employed in the Greenland whale filhery, ‘and
conforming to the regulations preferibed, are allowed
30s.. per ton. Veffels employed in the herring filhery
receive 2cs. per ton, befides a bounty on the herrings
caught and cured, amounting in fome cafes to 4s. per
barrel. Other bounties are granted to a limited num¬
ber of the moll fuccefsful veffels employed in the her¬
ring and Newfoundland filheries, and in the fouthern
whale filhery.
It is unneceffary and imprakicable, in this place, to
enter into a full detail of our cuftomhoufe laws. In¬
deed, all that can be admitted into a work of this
kind, mull convey but very imperfek information ;
and even that little becomes ufelefs in a fhort time
from alterations in the law. We have therefore only
marked the general outlines in the prefent article ;
winch, however, will be fufficient to enable the reader
to judge of the principles upon which the Britilh legif-
lature has aked. How far the means employed have
contributed to the ends propofed, and how far the ends
themfelves are always wife ; or whether a trade encum- ''
bered by fewer reftrikions would not prove more ex-
tenfive and beneficial; has often been a fubjek of dif-
cuffion.
Mercantile Laws. The laws relating to commercial
and
LAW [7
Maritime and maritime affairs approach nearer to uniformity
^avvs- , through the different countries of Europe, than thofe
on other fubjedfs. Some of the fundamental regula¬
tions have been taken from the Roman law ; others
have been fuggefted by experience, during the pro-
grefs of commerce ; and the whole have been gradual¬
ly reduced to a iyilem, and adopted into the laws of
trading nations, but with feme local varieties and ex¬
ceptions.
The Britifh legilkture has enadled many ftatutes re-
fpecling commerce 5 yet the greater part of our mer¬
cantile law is to be collected from the deciiions of our
courts ofjuflice, founded on the culfom of merchants.
A proof of Inch cuftom, where no direct ftatute inter¬
feres, determines the controverfy, and becomes a pre¬
cedent for regulating like cafes afterwards. The exift-
ence of a cuftom not formerly recognized, is, in Eng¬
land, determined by a jury of merchants.
The moft common mercantile contradts are thofe be¬
tween buyer and feller 5 between fadtor and employer j
between partners ; between the owners, mailers, ma¬
riners, and freighters of fhips •, between infurers and
the owners of the fubjedt infured ; and between the
parties concerned in tranfadting bills of exchange. See
Factorage, Sale, Partnership, Insurance, Bill,
&c. and the next article.
Maritime Laws. The moft ancient fyftem of mari¬
time laws is that of Rhodes, which ivas in force dur¬
ing the time of the Grecian empire, and afterwards
incorporated into the Roman lawn Although, in fome
parts, not applicable to the prefent Hate of trade, and,
in others, now hardly intelligible, it contains the ground¬
work of the moft equitable and beneficial rules obferv-
ed in modern commerce. A like fyftem was fet forth
by Richard I. of England, called the Statutes of Oleron ;
and another, by the town of Wilby, in the bland of
Gothland. From thefe fyftems, improved and enlarged
in the courfe of time, our general maritime lawr is de¬
rived. The jurifdidtion of matters purely maritime
belongs, in England, to the court of admiralty, which
proceeds on the civil law ; but their proceedings are
fubjedf to the controul, and their deciiions to the re¬
view, of the fuperior courts.
We {hall here confider the obligations which fubfift
between the mafters or owners of ftiips, the freighters,
and the furniihers of provifions or repairs.
1. Mqjlers and Freighters. A charter party is a con-
traft between the mafter and freighters, in which the
ihip and voyage is deferibed, and the time and condi¬
tions of performing it ate afeertained.
The freight is moft frequently determined for the
whole voyage, w'ithout refpeft to time. Sometimes it
depends on the time.
In the former cafe, it is either fixed at a certain fum
for the whole cargo j or fo much per ton, barrel bulk,
or other weight or meafure $ or fo much per cent, on
the value of the cargo. This laft is common on goods
fent to America and the invoices are produced to af-
certain the value.
The burden of the (hip is generally mentioned in the
contrafl, in this manner, one hundred tons, or thereby ;
and the number mentioned ought not to differ above
5 tons, at moil, from the exafl: meafure. If a certain
fum be agreed on for the freight of the Ihip, it muff
all be paid, although the fhip, when meafured, ftiould
9 ] la W
prove lefs, unlefs the burden be warranted. If the
lhip be freighted for tranfporting cattle, or {laves, at fo
much a head, and fome of them die on the paffage,
freight is only due for fuch as are delivered alive } but,
if for lading them, it is due for all that wrere put on
board.
When a whole {hip is freighted, if the mafter fuffers
any other goods befides tbofe of the freighter to be
put on board, he is liable for damages.
It is common to mention the number of days that
the fhip {hall continue at each port to load or unload.
The expreftion ufed is, work weather days ; to fignify,
that Sundays, holidays, and days when the weather
flops the work, are not reckoned. If the {hip be de¬
tained longer, a daily allowance is often agreed on, in
name of demurrage.
If the voyage be completed in terms of the agree¬
ment, without any misfortune, the mafter has a right
to demand payment of the freight before he delivers
the goods. But if the fafe delivery be prevented by
any fault or accident, the parties are liable, according
to the following rules.
If the merchant do not load the fhip w'ithin the time
agreed on, the mafter may engage with another, and
recover damages.
If the merchant load the fhip, and recal it after it
has fet fail, he muft pay the whole freight ; but if he
unload it before it fets fail, he is liable for damages
only.
If a merchant loads goods which it is not lawful to
export, and the fhip be prevented from proceeding
on that account, he muft pay the freight notwith-
ftanding.
If the ftiipmafter be not ready to proceed on the
voyage at the time agreed on, the merchant may load
the wdiole, or part of the cargo, on board another
fhip, and recover damages ; but chance, or notorions
accident, by the marine law, releafes the mafter from
damages.
If an embargo be laid on the fhip before it fails, the
charter paity is diffolved, and the merchant pays the
expence of loading and unloading ; but if the embargo
be only for a fhort limited time, the voyage {hall be
performed w'hen it expires, and neither party is liable
for damages.
If the Ihipmafter fails to any other port than that
agreed on, without neceffity, he is liable for damages 5
if through neceffity, he muft fail to the port agreed on,
at his own expence.
If a fhip be taken by the enemy, and retaken or
ranfomed, the charter-party continues in force.
If the mafter transfer the goods from his own (hip
to another, without neceffity, and they periih, he is
liable for the value j but if his own fhip be in immi¬
nent danger, the goods may be put on board another
fhip at the rilk of the owner.
If a fhip be freighted out and home, and a fum
agreed on for the whole voyage, nothing is due till it
return ; and the whole is loft if the Ihip be loft on the
return.
If a certain fqm be fpecified for the homeward voy¬
age, it is due, although the fadtor abroad fliould have
no goods to fend home.
In the cafe of a ftiip freighted to Madeira, Caroli¬
na, and home, a particular freight fixed for the home¬
ward
L AW [ 7
Maritime ward voyage, and an option referved for the fa&or at
‘ , Carolina to decline it, unlefs the fhip arrived before
j ft of March : the Ihipmafter, forefeeing he could not
arrive there within that time, and might be difap-
pointed of a freight, did not go there at all. He
was found liable in damages, as the obligation was
abfolute on his part, and conditional only on the
other.
If the goods be damaged without fault of the drip
or mailer, the owner is not obliged to receive them
and pay freight, but he mull either receive the whole,
or abandon the whole ; he cannot choofe thofe that are
in bell order, and rejeft the others. If the goods be
damaged through the infufficiency of the drip, the
mader is liable for the fame •, but, if it be owing to
flrefs of weather, he is not accountable. It is cultom-
ary for dnpmafters, when they fufpedl damage, to take
a protejl againjl wind and weather, at their arrival.
But as this is the declaration of a party, it does
not bear credit, unlefs fupported by collateral circum-
flances.
If part of the goods be thrown overboard, or taken
by the enemy, the part delivered pays freight.
The ddpmader is accountable for all the goods re¬
ceived on board, by himfelf or mariners, unlefs they
perilh by the a£l of God, or of the king’s enemies.
Shipmaders are not liable for leakage on liquors j
nor accountable for the contents of packages, unlefs
packed and delivered in their prefence.
Upon a principle of equity, that the labourer is
worthy of his hire, differences aridng with regard to
freight, when the cafe^is doubtful, ought rather to be
determined in favour of the Ihipmader.
2. Ship and Owners with Creditors. When debts are
contra&ed for providons or repairs to a Ihip, or arife
from a failure in any of the above-mentioned obliga¬
tions, the drip and tackle, and the owners, are liable
for the debt, as well as the mailer.
By the mercantile law, the owners are liable in all
cafes, without limitation j but by datute, they are not
liable for embezzlement beyond their value of fhip,
tackle, and freight.
A fhipmader may pledge his drip for necedary re¬
pairs during a voyage ; and this hypothecation is im¬
plied by the maritime law when fuch debts are con¬
tracted. This regulation is necedary, and is therefore
adopted by all commercial nations; for, otherwife, the
mader might not dnd credit for necedary repairs, and
the fhip might be lod. If repairs be made at different
places, the lad are preferable.
The relief againd the fhip is competent to the court
of admiralty in England, only when repairs are fur-
nilhed during the courfe of a voyage 5 for the necedity
of the cafe extends no further. If a fhip be repaired
at home (e. g. upon the river Thames), the creditor is
only entitled to relief at common law.
The creditor may fue either the mader or owners;
but if he undertook the work on the fpecial promife
of the one, the other is not liable.
If the mader buys providons on credit, the owners
are liable for the debt, though they have given him
money to pay them.
If a fhip be mortgaged, and afterwards lod at fea,
the owners mud pay the debt j for the mortgage is
o ] LA W
only an additional fecurity, though there be no exprefs Maritime
words to that purpole in the covenant. Laws.
If a dup be taken by the enemy, and ranfomed, the
owners are liable to pay the random, though the ran-
fomer die in the hands of the captors.
3. Owners of Jhtp and cargo with each other. There
is a mutual obligation which fubdds between all the
owners of a diip and cargo. In time of danger, it
is often neceffary to incur a certain lofs of part for
the greater fecurity of the red 5 to cut a cable 5 to
lighten the Ihip, by throwing part of the goods over
board j to run it afhore 5 or the like : and as it is un-
reafonable that the owners of the thing expofed for
the common fafety drould bear the whole lofs, it is
defrayed by an equal contribution among the proprie*
tors of the fhip, cargo, and freight. This is the fa¬
mous Lex Rhodia de jaclu, and is now called a general
average.
The cudom of valuing goods which contribute to a
general average, is not uniform in all placss. They
are generally valued at the price they yield at the port
of dedination, charges deducted •, and goods thrown
over board are valued at the price they would have
yielded there. Sailors wages, clothes and money be¬
longing to paffengers, and goods belonging to the king,
pay no general average j but proprietors of gold and
diver, in cafe of goods being throwm overboard, contri¬
bute to the full extent of their intered.
The following particulars are charged as general
average : Damage fudained in an engagement with the
enemy ; attendance on the wmunded, and rewards given
for fervice in time of danger, or gratuities to the wi¬
dows or children of the dain ; rartfom j goods given to
the enemy in the nature of a ranfom ; charges of bring¬
ing the Oiip to a place of fafety when in danger from
the enemy, or waiting for convoy ; charges of quaran¬
tine ; goods thrown overboard ; mads or rigging cut ;
holes cut in the diip to clear it of w’ater j pilotage,
when a leak is fprung; damage, when voluntarily run
aground, and expence of bringing, it adoat; goods
lod by being put in a lighter ; the long boat lod in
lightening the fhip in time of danger ; hire of cables
and anchors ; charges of laying in ballad, victualling,
and guarding the fhip when detained; charges at lawT,
in reclaiming the fhip and cargo; intered and commif-
fion on all thefe dilburfements.
Though goods put on board a lighter, and lod, are
charged as a general average , yet if the lighter be
faved, and the fhip with the reft of the goods be loft,
the goods in the lighter belong to their refpeCtive
proprietors, w'ithout being liable to any contribu¬
tion.
If part of the goods be plundered by a pirate, the
proprietor or fhipmader is not entitled to any contri¬
bution.
The effential circumdances that conditute a general
average are thefe ; the lofs mud be the effeCt of a vo¬
luntary action •, and the objeft of that adtion the com¬
mon fafety of the whole. Quarantine, which is allow¬
ed, feems not to fall w’ithin this defcription.
4. Quarantine. See Quarantine.
5. Wrecks. See Wreck.
6. Imprefs. See Impressing.
7. Infurance. See Insurance.
3
Game-
Game-
Laws.
L A W
Gatne-LAws. See the article Game.
Sir William Blackflone, treating of the alterations in
our laws, and mentioning franchifes granted of chafe
and free warren, as well to preferve the breed of ani¬
mals,. as to indulge the fubjeft, adds, “ From a fimilar
principle to which, though the foreft laws are now mi¬
tigated, and by degrees grown entirely obfolete j yet
from this root has fprung a bajiardflip, known by the
name ot the game law, now arrived to and wantoning
in its higheft vigour : both founded upon the fame un-
reafonable notion of permanent property in wild crea¬
tures 5 and both produhfive of the fame tyranny to the
commons ; but with this difference, that the foreft laws
eftablilhed only one mighty hunter throughout the
land •, the game laws have raifed a little Nimrod in
every manor. And in one refpedf the ancient law was
much lefs unreafonable than the modern for the king’s
grantee of a chafe or free warren, might kill game in
every part of his franchife $ but now, though a free¬
holder of lefs than tool, a year ts forbidden to kill par¬
tridge upon his own ejlate, yet nobody elfe (not even
the lord of the manor, unlefs he hath a grant of free
warren) can doit without committing a trcfpafs and fub-
jeciing himfelf to on aBion.
Under the article Game, the deftroying fuch beafts
and fowls as are ranked under that denomination, was
obferved (upon the old principles of the fcreft law)
to be a treipafs and offence in all perfons alike, who
have not authority from the crown to kill game (which
is royal property) by the grant of either a free war¬
ren, or at leaft a manor of their own. But the lav/s
called the game laws have alfo infli&ed additional pu-
niftunents (chiefly pecuniary) on perfons guilty of this
general offence, unlefs they be people of fuch rank or
fortune as is therein particularly fpecified. All perfons,
therefore, of what property or diftindfion foever, that
kill game out of their own territories, or even upon
their own eftates, without the king’s licence expreffed
by the grant oi a franchue, are guilty of the firft ori¬
ginal offence of encroaching on the royal prerogative.
And thole indigent perfons who do fo, without having
fuch rank or fortune as is generally called a qualifi¬
cation, are guilty, not only of the original offence, but
of the aggravations alfo created by the ftatutes for
preferving the game : which aggravations are fo fe-
verely punilhed, and thofe punifhments fo implacably
inflidled, that the offence againft the king is feldom
thought of, provided the miferable delinquent can make
his peace with the lord of the manor. The only ra¬
tional footing upon which this offence, thus aggravated,
can be confidered as a crime, is, that in low and indi¬
gent perfons it promotes idlenefs, and takes them away
from their proper employments and callings : which is
an oftence againft the public police and economy of
the commonwealth.
The ftatutes for preferving the game are many and
various, and not a little obfcure and intricate; it be¬
ing remarked, that in one ftatute only, 5 Ann. c. 14.
there is falfe grammar in no fewer than fix places, be-
fides other miftakes : the occafion of which, or what
denomination of perfons were probably the penners of
thefe ftatutes, it is unneceffary here to inquire. It
may be in general fufficient to obferve, that the qua¬
lifications for killing game, as they are ufually called,
or more properly the exemptions from the penalties
[ 711 1
LAW
inflidled by the ftatute law, are, x. The having a free¬
hold eftate of icol. per annum j there being fifty times,
the property required to enable a man to kill a par¬
tridge, as to vote for a knight of the {hire. 2. A
leafehold for 99 years of 150I. per annum. 3. Being
the fon and heir apparent of an efquire (a very loofe
and vague defcription) or perfon of luperior degree.—
4. Being the owner or keeper of a foreft, park, chafe,
or warren. For unqualified perfons tranfgreffmg thefe
law's, by killing game, keeping engines for that pur¬
pos'd, or even having game in their cuftody, or for per¬
fons (however qualified) th^t kill game or have it in
poffeffion, at unfeafonable times of the year, or unfea-
fonable hours of the day or night, on Sundays or on
Chriftmas day, there are various penalties aftigned, cor¬
poral and pecuniary, by different ftatutes (after men¬
tioned), on any of which, but only on one at a time,
the juftices may convict in a fummary way, or (in moft
of them) profecutions may be carried on at the affixes.
And, laftly, by ftatute 28 Geo. II. c. 12. no perfon,
however qualified to kill, may make merchandiie of
this valuable privilege, by felling or expoiing to fale
any game, on pain of like forfeiture as if he had no
qualification.
The ftatutes above referred to are as follow : No ■
perfon lhall take pheafants or partridges with engines ’
in another man’s ground, without licenfe, on pain of
xol. flat. 11 Hen. VIII. c. J3. If any perfon (hall take
or kill any pheafants or partridges with any net in the
night time, they {hall forfeit 20s. for every pheafant,
and 1 os. for every partridge taken : and hunting with
fpaniels in {landing corn, incurs a forfeiture of 40s.
23 Eliz. c. 10. Thofe who kill any pheafant, par¬
tridge, duck, heron, hare, or other game, are liable
to a forfeiture of 20s. for every fowl and hare •, and
felling, or buying to fell again, any hare, pheafant, &c.
the forfeiture is 10s. for each hare, &c. 1 Jac. I. c. xy,
Alfo pheafants or partridges are not to be taken be¬
tween the firft of July and the laft of Auguft, on pain
of imprifonment for a month, unlefs the offenders pay
20s. for every pheafant, &c. killed : and conftables,
having a juftice of peace’s warrant, may fearch for
game and nets, in the poffeffion of perfons not quali¬
fied by law to kill game or to keep fuch nets,
7 Jac. I. c. ii. Conftables, by a warrant of a juftice
of peace, are to fearch houfes of fufpecled perfons for
game : and if any game be found upon them, and they
do not give a good account how they came by the
fame, they {ball forfeit for every hare, pheafant, or
partridge, not under 5s. nor exceeding 20s. And in¬
ferior tradefmen hunting, §cc. are fubjebl to the pe¬
nalties of the adl, and may likewife be i’ued for tref-
pafs. If officers of the army or foldiers kill game with¬
out leave, they forfeit 5I. an officer, and 10s. a fol-
dier ; 4 and 5 W. and M. c. 23. Higglers, chapmen,
carriers, innkeepers, vidluallers, &.c. having in their
cuftody hare, pheafant, partridge, heath game, &c.
(except fent by fome perfon qualified to kill game),
fhall forfeit for every hare and fowl 5I, to be levied
by diftrefs and fale of their goods, being proved by one
witnefs, before a juftice ; and for want of diftrefs fhall
be committed to the houfe of corredlicn for three
months : one moiety of the forfeiture to the informer,
and the other to the poor. And felling game, or of¬
fering the fame to fale, incurs the like penalty j where-
Gatne-
Laws.
LAW [71
Gam<s. In hare and other game found in a fliop, &c. is ad-
-A"' , judged an expofing to fale : killing hares in the night
is liable to the fame penalties • and if any perfons (hall
drive wild fowls with nets, between the liril day of July
and the firft of September, they fnall forfeit 5s. for
every fowl j 5 Ann. c. 14. 9 Ann. c. 25. If any
unqualified perfon fhall keep a gun, he lhall forfeit
10I.5 and perfons being qualified may take guns from
thofe that are not, and break them ; 21 and 22 Car. II.
c. 25* and 33 Hen. VIII. c. 6. One juitice of peace, up¬
on examination and proof or the ofience, mav commit
the offender till he hath paid the forfeiture of 10I.
And perfons, not qualified by law, keeping dogs, nets,
or other engines to kill game, being convifted thereof
before a juftice of peace, (hall forfeit 5I. or be fent to
the houfe of corredfion for three months; and the
^°gs> Kame) &c fhall be taken from them, by the
ffatute 5 Ann. If a perfon hunt upon the ground of
another, fuch other perfon cannot juftify killing of his
dogs, as appears by 2 Roll. Abr. 567. Eut it was
otherwife adjudged, Mich. 33 Car. II. in C. B.
2 Cro. 44. and fee 3. Lev. xxviii. In adlions of debt,
<?ivz ta?n, &c. by a common informer on the ftatute
5 Ann. for 15I. wherein the plaintiff declared on two
feveral counts, one for 10I. for killing two partridges,
the other for 5I. for keeping an engine to deftroy the
game, not being qualified, &c. the plaintiff had a ver-
dibt for 5I. only : this adlion was brought by virtue of
the flat. 8 Geo. I. See flat. 9 Geo. I. c» 22. See
likewife 24 Geo. II. c. 34. for the better prefervation
of the game in Scotland. By the flat. 26 Geo. II.
c. 2. all luits and adlions brought by virtue of flat. 8.
Geo. I. c. for the recovery of any pecuniary pe¬
nalty, or fum of money, for offences committed againft
any law for the better prefervation of the game, lhall
be brought before the end of the fecond term after the
offence committed.
By 28 Geo. II. c. 12. perfons felling, or expofing
to fale, any game, are liable to the penalties infli&ed
by 5 Ann. c. 14. on higglers, &c. offering game to
fale : and game found in the houfe or poffefiion of a
poulterer, falefman, filhmonger, cook, or pafiry cook,
is deemed expofing thereof to fale.
By 2 Geo. III. c. 19. after the firft June 1762, no
perfon may take, kill, buy or fell, or have in his cu-
itody, any partridge, between 12th February and iff
September, or pheafant between ill February and iff
Odlober, or heath fowl beeween ill January and 20th
Auguft, or groufe between iff December and 2i;th
July, in any year j pheafants taken in their proper
feafon, and kept in mews, or breeding places excepted :
and perfons offending in any of the cafes aforefaid, for¬
feit 5I. per bird, to the profecutor, to be recovered,
with full cofts, in any of the courts at Wefiminfter.
By this a61, hkewife, the whole of the pecuniary pe¬
nalties under the 8 Geo. I. c. 19. may be fued for, and
recovered to the foie ufe of the prolecutor, with dou¬
ble colls 5 and no part thereof to go to the poor of
the parilh.
By 5 George III. c. 14. perfons convidled of enter¬
ing warrens in the night time, and taking or killing
coneys there, or aiding or affifting therein, may be
punilhed by tranfportation, or by whipping, fine, or
imprifonment. Perfons convidled on this a61, not liable
to be convidled under any former a6t. This a6l does
2
2 ] LA W
not extend to the deftroying coneys in the day time, Gamc-
on the fea and river banks in the county of Lmcoin, Caws.
&c. No fatisfacfion to be made for damages occafioned
by entry, unlels they exceed I'. It may not be improper
to mention an a6t lately made, and not yet repealed,
viz. 10 Geo. III. c. 19. for prefervation of the game,
which ihows the importance of the objeil. It is thereby
eaadled. That if any perfon kill any hare, &c. between
funfetting and funrifing, or ufe any gun, &.c. for de-
ffroying game, he lhall for the firll offence be imprifoned
for any time not exceeding fix nor lefs than three months:
if guilty of a fecond ofience, after convidlion of a firfi,
to be imprifoned for any time not exceeding 1 2 months
nor lefs than fix ; and lhall alfo within three days after
the time of his commitment, either for the firft or for
any other offence, be once pu fiicly whipped.
By 25 George III. c. 50. and 3 1 George III. c. 2 r.
every perfon in Great Britain (the royal family ex¬
cepted), v\ho lhall, after July 1. 1785, ufe any dog,
gun, net, or other engine, for the taking or deftruclion
of game (not adling as gamekeeper), lhall deliver in
a paper or account in writing, containing his name and
place of abode, to the clerk of the peace or his deputy,
and annual’y take out a certificate thereof; and every
fuch certificate lhall be charged with a ftamp duty of
2l. 2s. (and an additional il. is. by 31 George HI,
c. 21.) making in the whole 3I. 3s.—Every deputation
of a gamekeeper lhall be regiftered with the clerk of
the peace, and fuch gamekeeper lhall annually take out
a certificate thereof ; which certificate lhall be charged
with a ftamp duty of 10s. 6d. (and an additional 10s.
6d. by 31 Geo. III. c. 21), making in the whole il.
is.— I he duties to be under the management of the
commiflioners of the ftamp office.
From and after the faid iff of July 1785, the clerk
of the peace lhall annually deliver to perfons requiring
the fame, duly ftamped, a certificate or licence ac¬
cording to the form therein mentioned, for which he
lhall be entitled to demand is. for his trouble ; and on
refufal or negle6l to deliver the fame, forfeit 20I. 
Every certificate to bear date the day when iffued, and
to continue in force till the ill day of July then fol¬
lowing, on penalty of 20k
After the iff day of July 1785, any perfon that
lhall ule any greyhound, hound, pointer, fetting dog,
fpaniel, or other dog, or any gun, net, or engine, for
taking or killing of game, without a certificate, is
liable to the penalty of 20k And if any gamekeeper
lhall, for the fpace of 20 days after the faid iff day of
July, or if any gamekeeper thereafter to be appointed
lhall, for the fpace of 20 days next after fuch ap¬
pointment, negle6t or refufe to regifter his deputation
and take out a certificate thereof, he is liable to the
penalty of 20I.
The clerks of the peace are to tranfmit to the
ftamp office in London alphabetical lifts of the certi¬
ficates granted in every year before the ift day of Au¬
guft under penalty of 20I. Thefe lifts are to be kept
at the ftamp office in London, and there to be in-
fpe6led on pa ment of is. : And the commiffioners of
the ftamp duties are, once or oftener in every year, as
foon as fuch lifts are tranfmitted to them, to caufe the
fame to be publilhed in the newfpapers circulating in
each county, or fuch public paper as they lhall think
moft proper.
Gamekeepers
L A W [ 7
Gamekeepers were firft introduced by tlie qualifica¬
tion aft, 22 and 23 Car. II. c. 25. and fubfequent fta-
tutes have made a number of various regulations re-
fpefting them. This authorifes lords of manors of the
degree of efquire, to appoint gamekeepers, who (hall
have power, within the manor, to feize guns, nets, and
engines, kept by unqualified perfons to deftroy game.
By 5 Ann. c. 14, f. 14. lords and ladies of manors
are authorifed to empower their gamekeepers to kill
game ; but prohibited the latter, under pain of three
months imprifonment, from felling or difpofing of the
game fo killed, without the confent of the lord or lady,
under whofe appointment they afted.
By 3 Geo. I. c. 11. no lord of a manor is to ap¬
point any perfon to be a gamekeeper, wdth power to
take and kill game, unlefs fuch perfon be qualified by
law fo to do, or be truly and properly a fervant to the
lord, or immediately employed to take or kill game,
for the foie ufe or benefit of tlm faid lord. Offences
againfl this aft to be punilhed with pecuniary fines.
Gamekeepers are enumerated among the different
deferiptions of fervants, chargeable with the duty under
.25 Geo. III. c. 43.
If any gamekeeper, who ffiall have regiftered his
deputation, and taken out a certificate thereof, {hall
Be changed, and a new gamekeeper appointed in his
Head, the firft certificate is declared null and void,
and the perfon afting under the fame, after notice, is
liable to the penalty of 20I. And any perfon in pur-
fuit of game, who {hall refufe to produce his certifi¬
cate, or to tell his name or place of abode, or {hall
give in any falfe or fiftitious name or place of abode
to any perfon requiring the fame, who {hall have ob¬
tained a certificate, is liable to the penalty of 50I.
The certificates are not to authorize perfons to kill
game at any time prohibited by law, nor to give any
perfon any right to kill game, unlefs fuch perfon {hall
be qualified fo to do by the lawrs now in being, but {hall
be liable to the fame penalties as if this aft had not
paffed. [So that though by this aft qualified and '
unqualified perfons are equally included, yet having
a certificate does not give an unqualified perfon a right
to kill game : the point of right ftill Hands upon the
former afts of parliament $ and any unqualified perfon
killing game without a certificate, is not only liable
to the penalty inflifted by this aft, but alfo to all the
former penalties relating to the killing of game, &c.]
Witneffes refufing to appear on juftices fummons,
or appearing and refufing to give evidence, forfeit icl.
The certificates obtained under deputations, not to be
given in evidence for killing of game by a gamekeeper
out of the manor, in refpeft of which fuch deputa¬
tion or appointments was given and made. Perfons
counterfeiting ftamps to fuffer death as felons.
Penalties exceeding 20I. are to be recovered in any
of his majefty’s courts of record at Weftminfter ; and
penalties not exceeding 20I. are recoverable before
two juftices, and may be levied by diftrefs. The whole
of the penalties go to the informer.
By 40 Geo. III. c. 50. perfons to the number of
two or more, found in any field, &.c. or other open or
inclofed ground, between eight at night and fix in the
morning, from the firft; day of Oftober to the firft of
February, or between the hours of ten at night and
four in the morning, from firft February to firft Ofto- <
Vol. XL Part II.
13 ] LAW
ber, in each and every year, having any gun or engine
to kill or take any hare, pheafant, partridge, heath-
fowl, commonly called black game, or grous, common¬
ly called red game, or any other game j or perfons aid¬
ing them with offenfive weapons, may be apprehended,
and, on conviftion before a juftice, {hall be deemed
rogues and vagabonds, within the meaning of 17 Geo.
III. c. 3. &c.
Military La tv. See Military and Marixe.
LAW, John, the famous projeftor, was *die eld-
eft fon of a goldfmith in Edinburgh, by Elizabeth
Campbell heirefs of Lauriefton near that city ; and
wras born about the year 1681. He w’as bred to no
butinefs 5 but poffeffed great abilities, and a very
fertile invention. He had the addrefs, but wdien a
very young man, to recommend himfelf to the king’s
minifters in Scotland to arrange the revenue accounts,
which were in great diforder at the time of fettling
the equivalent before the union of the kingdoms.
The attention of the Scottifti parliament being alfo
turned to the contrivance of fome means for fupply-
ing the kingdom with money, and facilitating the
circulation of fpecie, for want of which the induf-
try of Scotland languifhed 5 he propofed to them,
for thefe purpofes, the eftablilhment of a bank of a
particular kind, which he feems to have imagined
might iffue paper to the amount of the whole value
of all the lands in the country : but this fcheme
the parliament by no means thought it expedient to
adopt.
His father dying about the year 1704, Law fuc-
ceeded to the fmall eftate of Lauriefton •, but the rents
being infufficient for his expences, he had recourfe to-
gaming. He was tall and gtaceful in his perfon, and
much addifted to gallantry and finery 5 and giving a
fort of ton at Edinburgh, he went commonly by the
name of Beau Law. He was forced to fly his coun¬
try, however, in the midft of his career, in confe-
quence of having fought a duel and killed his anta-
gonift 5 and in fome of the French literary gazettes it
is faid that he run off with a married lady. In his
flight from juftice he vifited Italy *, and was baniftied
from Venice and Genoa, becaufe he contrived to
drain the youth of thefe cities of their money, by his
fuperiority in calculation, that is, by being a cheat
and a {harper. He wandered over all Italy, living on
the event of the moft Angular bets and wagers, which
feemed to be advantageous to thofe who were curious
after novelty ; but xvhich were always of the moft cer¬
tain fuccefs with regard to him. He arrived at Tu¬
rin, and propofed his fyftem to the duke of Savoy,
who faw at once, that, by deceiving his fubjefts, he
would in a flrort time have the whole money of the
kingdom in his poffeflion : but that fagacious prince
alking him how his fubjefts were to pay their taxes
W’hen all their money fhould be gone, Law was dif-
concerted, not expefting fuch a queftion.
Having been banifhed from Italy, and thus repulfed
at Turin, Law proceeded to Paris, where he was al¬
ready known as a projeftor. In the lifetime of Louis
XIV. he had tranfmitted his fchemes to Defmareft
and to Chamillard, wdio had rejefted them as dan¬
gerous innovations. He now propofed them to the
Due d’Orleans, who defired Noailles to examine
them, to be as favourable in his report as poflible, and
4 X to
/
Law.
L AW [ 7
^ te remark iuch of them as were practicable. Noailles
called in the adiftance of feveral merchants and bank¬
ers, who were averfe to the fyftem. Law then propof-
ed the eftablithment of a bank, compofed of a com¬
pany, with a flock of fix millions. Such an infiitu-
tion protnifed to be very advantageous to commerce.
An arret of the 2d March 1716 eflablifhed this bank*
by authority, in favour of Lav/ and his afibciates 5 two
hundred thoufand fhares wrere inflituted of one thou-
fand livres each 5 and Law depofited in it to the value of
two or three thoufand crowns which he had accumulated
in Italy, by gaming or otherwife. This eflablifhment
very much difpleafed the bankers, becaufe at the be¬
ginning bufinefs was tranfafled here at a very fmall
premium, .which the old financiers had charged very
highly. .Many people had at firft little confidence in
tins bank •, but when it was found that the payments
were made wuth quicknefs and punctuality, they bep-an
to prefer its notes to ready money. In confequence of
this, fhares rofe to more than 20 times their original
value ; and in 1719 their valuation was more than 80
times the amount of all the current fpecie in the king¬
dom. But the following year, this great fabric of falfe
credit fell to the ground, and alnfolt overthrew the
French government, ruining fome thoufands of fami¬
lies ; and it is remarkable, that the fame dcfrerate
game was playing by the South fea direClors in Eng¬
land, in the fame fatal year, 1720. Law being exiled
as foon as the credit of his projects began to fail, re¬
tired to Venice, where he died in 1729.
The principles upon which Law’s original fcheme was
founded, are explained by himfelf \o ADifcourfe concern¬
ing Money and Trade, which he publifhed in Scotland
vdiere (as we have feen) he firft propofed it. “ The
fplendid but vifionary ideas which are fet forth in that
and fome other works upon the fame principles (Dr
Adam Smith obferves), ftill continue to make an im-
preffion upon many people, and have perhaps in part
contributed to that excefs of banking wdiich has of
late been complained of both in Scotland and in other
places.”
LAW, Edmund, D. D. bifhop of Carlifle, was
born in the parifh of Cartmel in Lancafhire, in the
year 17°3* lather who was a clergyman, held a
imall chapel in that neighbourhood ; but the family had
been fituated at Afkham, in the county of Weitmor-
land. He w'as educated for fome time at Cartmel
fchool, afterwards at the free grammar fchool at Ken¬
dal ; from which he went, very well inftruCted in the
learning of grammar fchools, to St John’s college in
Cambridge.
Soon after taking his firft degree, he was elected fel¬
low of Chrift college in that univerfity. During his refi-
dence in which college, he became known to the pub:
lie by a tranfiation of Archbifhop King’s Effay upon
the Origin of Evil, with copious notes} in which many
metaphyfical fubjedts, curious and interefting in their
own nature, are treated of with great ingenuity, learn¬
ing, and novelty. To this work was prefixed, under the
name of a preliminary differtation, a very valuable
piece, written by the reverend Mr Gay of Sidney col¬
lege. Our bhhop always fpoke of this gentleman in
terms of the greatefl refpeft. In the Bible and in the
writings of Mr Locke, no man, he ufed to fav w'as
fo well verfed.- - k
H] LA W
He aifo, whilit at Chrift college, undertook and
went through a very laborious part in preparing for
the prefs an edition of Stephens’s Thefaurus. His ac¬
quaintance, during this his firit refidence in'the univer¬
fity, was principally with Dr Waterland, the learned
mailer of Magdalen college ; Dr Jortin, a name known
to every fcholar ; and Dr lay lor, the editor of the
Demofthenes.
In tne year 1757 W3S prefented by the univerfity
to the living of Gray flock in the county of Cumber-
lan4 a reitory of about 3®^^* 3-year. The advowfon
of this benefice belonged to the family of Howards of
Gra) flock, out devolved to the univerfity, for this turn,
by virtue 01 an act of parliament, which transfers to thefe
two bodies the nomination to fuch benefices as appertain,
at the time of the vacancy, to the patronage of a Roman
Catholic. The right, howrever, of the univerfity was
contefted ; and it was not till after a law firt of two
years continuance tha: Mr Law was fettled in his living.
Soon after this, he married Mary the daughter of John
Chriftian, Efq. of Unerigg, in the county of Cumber¬
land 5 ^ a lady whofe character is remembered with ten-
dernels and efteem by all who knew7 her. i
. he vvas promoted by Sir George Fleming,
bifhop of Carlifle, to the archdeaconry of that diocefe;
and in 1746 went from Grayftock to refide at Salkeld,
a pleafant village upon the banks of the river Eden,
tne rectory of wnich is annexed to the archdeaconry.
Mr Law7 wras not one of thofe who lofe and forget
themfelves in the country. During his refidence^at
Salkeld, he publiihed Confiderations on the Theory of
Religion : to which were fubjoined, Refledtions on the
Life and Charadter of Chrilt ; and an Appendix con¬
cerning the ufe of the words Soul and Spirit in ho¬
ly Scripture, and the Bate of the dead there de-
feribed.
Dr Keene held at this time, with the bifhopric of
Chefter, the mafterfhip of Petcrhoufe in Cambridge.
Defiling to leave the univerfity, he procured Dr Law
to be 4 eledted to fucceed him in that flation. This
took place in the year 1756 ; in wdfich year Dr Law
refigned his archdeaconry in favour of Mr Eyre, a bro¬
ther-in-law of Dr Keene. Tw7o years before this, he
had proceeded to his degree of dodtor of divinity : in
his public exercife for which, he defended the dodtrine of
w7hat is ufually called the “ fleep of the foul.”
About the year 1760, he was appointed head libra¬
rian of the univerfity ; a fituation udrich, as it pro¬
cured an eafy and quick accefs to books, was peculiar¬
ly agreeable to his taffe and habits. Some time after
this, he was alfo appointed cafiiiftical profefTor. In
the year 1762, he fuffered an irreparable lofs by the
death of his lady ; a lofs in itfelf every way afflicting,
and rendered more fo by the fituation of his family,
which then confifted of eleven children, many of them
very young. Som - years afterwards, he received feve-.
ral preferments, which were rather honourable expref-
fions of regard from his friends, than of much advan¬
tage to his fortune.
By Dr Cornwallis, then bifiiop of Litchfield, after-
wards archbifiiop of Canterbury, w7ho had been his
pupil at Chrift college, he vras appointed to the arch¬
deaconry of Sraffordfhire, and to a prebend in the
church of Litchfield. By his old acquaintance Dr
Green, bilk op of Lincoln, he was made a prebendary
of
Law.
L AW [7
of that church. But in the year by the inter¬
vention of the duke of Newcafde, to whofe intereft in
the memorable contell: for the high flewardihip of the
univerhty, he had adhered in oppofition to 'fome temp¬
tations, he obtained a Hall in the church of Durham.
The year after this, the duke of Grafton, who had a
fhort time before been elefted chancellor of the uniyer-
fity, recommended the mailer of Peterhoufe to his ma-
jelly for the bifhopric of Carlifle. This recommenda¬
tion was made not only without iolicitation on his part
or that of his friends, but without his kncwdedge, until
the duke’s intention in his favour was fignified to him
by the archbiiliop.
About the year 1777, Bilhop Law gave to the pu¬
blic a handfome edition, in three volumes quarto, of the
works of Mr Locke, with a Life of the Author, and a
Preface. Mr Locke’s writings and charadler he held in
the higheft efteem, and feems to have drawn from them
many of his own principles: He was a difciple of that
fchool. About the fame time he publilhed a trad!,
which engaged fome attention in the controverfy con¬
cerning fubfcription \ and he publilhed new editions of
his tw’o principal works, with conliderable additions,
and fome alterations.
Dr Law held the fee of Carlifle almoft 19 years j
during which time he twice only omitted fpending the
fummer months in his diocefe at the bifhop’s refidence
at Rofe Caftle ; a lituation with which he was much
pleafed, not only on account of the natural beauty of
the place, but becaufe it reftored him to the country in
which he had fpent the belt part of his life. In the
year 1787 he paid this vilit in a Hate of great w'eaknefs
and exhaufiion: and died at Rofe Caftle about a month
after his arrival there, on the 14th day of Augull, and
in the 84th year of his age.
The life of the bilhop of Carlifle was a life of incef-
fant reading and thought, almoft entirely directed to
metaphylkal and religious inquiries. Belides the wmrks
already mentioned, he publilhed, in 1734 or 1735, a
very ingenious Inquiry into the Ideas of Space, Time,
&c. in which he combats the opinions of Dr Clarke
and his adherents on thefe fubjects: but the tenet by
which his name and writings are principally diftinguilh-
ed, is “ that Jefus Chrift, at his fecond coming, will,
by an adl of his power, reftore to life and confcioufnefs
the dead of the human fpecies, who by their own na¬
ture, and without this interpofition, would remain in
the ftate of infenlibility to which the death brought
upon mankind by the fin of Adam had reduced them.”
He interpreted literally that faying of St Paul,
I Cor. xv. 21. “As by man came death, by man
came alfo the refurredtion of the dead.” This opi¬
nion had no other effedl upon his own mind than to in-
creafe his reverence for Chriftianity, and for its divine
Founder. Fie retained it, as he did his other fpecula-
tive opinions, wuthout laying, as many are wont to do,
an extravagant ftrefs upon their importance, and with¬
out pretending to more certainty than the fubjedl al¬
lowed of. No man formed his own conclufions with
more freedom, or treated thofe of others with greater
candour and equity. Fie never quarrelled wdth any
perfon for c fit ring from him, or confidered that dif¬
ference as a lufficient reafon for queftioning any man’s
fincerity, or judging meanly of his underftanding. He
was zealoufly attached to religious liberty, becaufe he
5 ] L A W
thought that it leads to truth ; yet from his heart he
loved peace. But he did not perceive any repugnancy
in thefe tw'o things. There was nothing in his elevation
to his biihopric which he Ipoke of with more pleafure,
than its being a proof that decent freedom of inquiry
was not difeouraged.
He was a man of great fottnefs of manners, and of
the mildeft and moll tranquil dilpofition. His voice
was never raifed above its ordinary pitch. His counte¬
nance feemed never to have been ruffied; it preferved
the fame kind and compofed afpedt, truly indicating the
calmnefs and benignity of his temper. Fie had an utter
diflike of large and mixed companies. Next to his
books, his chief fatisfaclion wfas in the ferious conver-
lation of a literary companion, or in the company of
a few friends. In this fort of fociety he would open
his mind with great unrefervednefs, and w-ith a pecu¬
liar turn and fprightlinefs of expreffion. His per'on
was lowq but well formed : his complexion fair and de¬
licate. Except occafional interruptions by the gout,
he had for the greateft part of his life enjoyed good
health j and w hen not confined by that diftemper, was
full of motion and adtivity. About nine years before
his death, he was greatly enfeebled by a fevere attack
of the gout in his liomach 5 and a (hort time after that,
loft the ufe of one of his legs. Notwithftanding his
fondnefs of exercife, he refigned himfelf to this change,
not only without complaint, but without any fenfible
diminution of his cheerfulnels and good humour. His
fault (for we are not writing a panegyric) was the
general fault of retired and ftudious characters, too great
a degree of inadtion and facility in his public ftation.
The modefty, or rather bafhfulnefs of his nature, to¬
gether with an extreme unwillingnefs to give pain, ren¬
dered him fometimes lefs firm and efficient in the admi-
niftration of authority than wTas requifite. But it is the
condition of human morality. There is an oppofition
between fome virtues which feldom permits them to fub-
fift together in perfedtion.
The bilhop was interred in his cathedral church,
in which a handiome monument is eredted to his me*
mory.
L AWBURROWSjindco/rZflm. See Law, Part III.
N° clxxviii. 16.
LA'vVENBURG, Duchy of, a territory of Ger¬
many, in the circle of Lower Saxony, bounded by the
duchy of Holltein on the north and weft, by the duchy
of Mecklenburg on the eaft, and by the duchy of Lu¬
nenburg, from which it is feparated by the river
Elbe, on the weft ; being about 85 miles long, and 20
broad. The chief towns are Lawenburg, Molen, Wit-
temburg, and Ratzeburg. It belongs to the eledlorate
of Hanover.
Lawenburg, a city of Germany in the circle of
Lower Saxony, and capital of a duchy of the fame
name. It is a fmall but populous town, fitutated on
the Elbe, under the brow of a very high hill, from
whence there is a delightful prolpedf over the adjacent
country. It has a caftle on an eminence, and is conve¬
nient for trade. E. Long. 10. 51. N. Lat. 53. 36.
Lawenburg, a town of Germany in Farther Pome¬
rania, and the chief place to the territory of the fame
name belonging to the eledlor of Brandenburg.
LAWLESS COURT, a court laid to be held an¬
nually on the King’s Hill at Rochford in Efiex, on the
4X2 Wednefday
LAW [ 7
i Wednefday morning after Michaelmas day at cock-
crowing, where they whifper, and have no candle, nor
> anX pen and ink, but only a coal. Perfons who owe
fuit, or iervice, and do not appear, forfeit double their
rent every hour they are miffing.
This fervile attendance, Camden informs us, was
impofed on the tenants for confpiring at the like un-
ieafonable hour to raife a commotion. The court be¬
longs to the honour of Raleigh, and to the earl of
arwick ; and is called lawlejs, from its being held at
an unlawful hour.
TA vVIlNGEN, a town of Germany, in the circle
of Suabia ; formerly imperial, but now fubjeft to the
nuke of i\euburg. Here the duke of Bavaria, in
fortified his camp to defend his country againft
the Brililh forces and their allies commanded by the
duke of Marlborough, who forced their intrenchments.
If is Teated on the Danube, in E. Long. 10. 20. N. Lat.
^.32.
LAWN, a fpacious plain in a park, or adjoining
to a noble leat. As to the dimenfions of a lawn : In
a large park, it fiiould be as extenfive as the ground
will permit 5 and, if pofiible, it fhould never be lefs
than 50 acres : but in gardens of a moderate extent, a
lawn of lo acres is fufficient j and in thofe of the lar-
geft fize, acres. J he bed fituation for a lawn is
in the front of the houfe: and here, if the houfe front
the ead, it will be extremely convenient j but the mod
defirable afpe£l for a lawn is that of the fouth-eaft.
As to the figure of the lawn, fome recommend an ex-
aft fnuare, others an oblong fquare, fome an oval, and
others, a circular figure : but neither of thefe are to
be regarded. It ought to be fo contrived, as to fuit
the ground j and there fliould be trees planted for
Ifiade on the boundaries of the lawn, fo the fides may
be broken by irregular plantations of trees, which, if
there are not fome good profpefts beyond the lawn,
fhould bound it on ettery fide, and be brought round
pretty near to each end of the houfe. If in thefe
plantations round the lawn, the trees are placed irre¬
gularly, fome breaking much forwarder on the lawn
than others, and not crowded too clofe together, they
wall make a better appearance than any regular plan¬
tations can poffibly do 5 and if there are variety of
trees, properly difpofed, they will have a good effeft ;
but only thofe which make a fine appearance, and
grow large,^ ftraight, and handfome, fliould be admit¬
ted here. The moft proper trees for this purpofe, are
the eim, oak, chefnut, and beech 5 and if there are
fome clumps of evergreen trees intermixed with the
others, they will add to the beauty of the whole, efpe-
ciaily in the winter feafon j the bell forts for this pur¬
pofe are Lord Weymouth’s pine, and the filver and
fp uce hi>.
Lawn, in manufaftures, a fine fort of linen, remark¬
able for being ufed in the fleeves of the clerical drefs of
bilhops.
LAWRENCE, St, the largeft river in North A-
merica, proceeding from Lake Ontario, from which it
runs a courfe of 700 miles to the Atlantic ocean.
From Lake Ontario to Montreal this river has the
name of Iroquois, and after taking a north-eaft courfe
it embofoms the ifland of Montreal, above which it re¬
ceives Ottawas from the well, forming feveral iflands of
great fertility. From Montreal it takes the name of
<5 ] LAY
St Lawrence, and pafiing by Quebec, it meets the tide Lawfonia
more than 400 miles from the fea, and is fo far navi- II
gable for large veffels. Having received in its courfe , Layers-
St John’s, Seguina, Lefprairies, Trois Rivieres, and v ~ ~
numbeilels other fmaller fireams, it falls into the ocean
at Cape Rofieres, by a mouth about 50 miles broad.
The principal entrance into the gulf of St Lawrence
from the Atlanic ocean, is between capes Ray and
Breton. It contains a number of iflands, viz. St John’s,
at.its fouthern extremity, on the coait of New Brunf-
wick and Nova-Scotia ; Anticofti, at the mouth of the
St Lawrence, befides a number of fmall iflands.
.Prince Edward’s ifland, about 120 miles in length, *
with a population of 8coo perfons, is alfo in the gulf
of St Lawrence. Here a new fettlement was made by
Lord Selkirk in 1803, compofed of a colony of emi¬
grants, amounting to 800, from the Highlands of Scot¬
land.
LAWTSONIA, Egyptian privet, a genus of
plants belonging to the oftandria clafs; and in the na¬
tural method ranking with thofe of which the order is
doubtful. See Botany Index.
LAWYER, a counfellor, or one who is learned or
fkilled in the law. See Counsellor, Barrister,
and Serjeant.
LAY, a kind of ancient poem among the French,
confifting of very Ihort verfes.
I here were two forts of lays j the great, and the
little. The firft was a poem confifling of twelve cou¬
plets of verfes, of different meafures. The other was
a poem confifting of fixteen or twenty verfes, divided
into four couplets.
T hele lays were the lyric poetry of the old French
poets, who were imitated by fome among 'the Lnglifh.
They were principally ufed on melancholy fubjefts,
and are faid to have been formed on the model of the
trochaic verfes of the Greek and Latin tragedies.
Father Morgues gives us an extraordinary inftance
of one of thele ancient lays, in his Treatife of French
Poetry.
Snr Pappuis du monde
^uefaut il qu'on fonde
D'efpoir ?
Cette mer profonde,
En debris feconde
Fait voir
Calme au matin, Ponde
Et P or age y gronde
Le foir.
Ljir-Brothers, among the Romanifts, thofe pious
but illiterate perfons, who devote themfelves at fome
convent to the fervice of the religious. They wear a
different habit from that of the religious ; but never
enter into the choir, nor are prefent at the chapters;
nor do they make any other vow except of conltancy
and obedience. In the nunneries there are alfo lay
filters.
Lay-Man, one who follows a fecular employment,
and has not entered into holy orders.
LAYERS, in Gardening, are tender ftioots or twigs
of trees, laid or buried in the ground, till, having
ftruck root, they are feparated from the parent tree,
and become diftinft plants.—The propagating trees by
layers is done in the following manner : The branches
of the trees are to be flit a little way, and laid under
th§^
LEA- [7
Layirg the mould for about half a foot 5 the ground (hould
I! be firflr made very light, and after they are laid they
ea f^.ould be gently watered. If they will not remain
eafily in the pofition they are put in, they mull be
pegged down with wooden hooks : the bell feafon for
doing this is, for evergreens, toward the end of Au-
gull, and, for other trees, in the beginning of Febru¬
ary. If they are found to have taken root, they are
to be cut off from the main plant the fucceeding win¬
ter, and planted out. If the branch is too high from
the ground, a tub of earth is to be railed to a proper
height for it. Some pare off the rind, and others
twill the branch before they lay it, but this is not ne-
ceffary. The end of the layer (hould be about a foot
out of the ground •, and the branch may be either tied
tight round with a wire, or cut upwards from a joint,
or cut round for an inch or twTo at the pdace, and it is
a good method to pierce feveral holes through it with
an awl above the part tied with the wire.
LAYING the land, in Navigation, the Hate of
motion which increafes the dillance from the coall,
fo as to make it appear low7er and fmaller, a circum-
ftance wffiich evidently arifes from the intervening con¬
vexity of the furface of the lea. It is ufed in con-
tradiftindlion to raifing the land, which is produced by
the oppofite motion of approach towards it. See
Land.
LAZAR House, or Lazaretto, a public build¬
ing, in the nature of an hofpital, to receive the poor,
and thole afflicled with contagious dillempers. In
fome places, lazarettos are appointed for the perform¬
ance of quarantine j in which cale, thole are obliged
to be confined in them who are lulpedled to have come
from places infedled with the plague.
LAYSTOFF, or Lowestoff, a town of Suffolk
117 miles from London, feems to hang over the lea,
and its chief bulinefs is filhing for cod in the North feay
and for herring, mackarel, and fprats, at home. The
church is at fome dillance, but there is a chapel in the
towm. Having been a part of the ancient demefnes
of the crown, this town has a charter and a leal, by
the former of which the inhabitants are exempted from
ferving on juries. Some take this to be the moll
ealtern part of Britain.
LAZULI, or Lapis Lazuli, a fpecies of mineral
belonging to the filiceous genus. See Mineralogy
Index.
LEACHLADE, a town of Gloucelferlhire, 12
miles call from Cirenceller, 29 miles from Gloucelter,
and 60 from London. The river Thames rvaters it on
the fouth and call fides, and divides it from Wiltlhire
and Berklhire. The Leach runs through the north
fide of the parilh. The Thames river is navigable for
barges of 50 tons burden, but want of water during
part of the year makes the navigation very uncertain.
The church is a large handfome building, with double
allies, fupported by two rows of fluted pillars.
LEAD, one of the metals, of a white colour inclin- ■
ing to blue, the lead dudtile, the leaf! elallic, and the
lead fonorous, of the w'hole, but pofleffing a confiderable
degree of fpecific gravity. See Chemistry and Mi¬
neralogy Index.
White Lead, or Cerufe. See Chemistry Index.
B/ack Lead, or Vlumbago, a fpecies of taineral be-
7 ] LEA
longing to the clafs of Inflammables. See MlNERALO- Lead,
GY Index. Leaf.
Milled Lead. See Chemistry Index.
Poifon of Lead. See Poison.
Sheet Lead. See Plumbery.
LEAF, a part of a plant extended into length and
breadth in fuch a manner as to have one fide didin-
guilhable from the other. This is Miller’s definition.
Linnaeus denominates leaves “ the organs of motion,
or mufcles of the plant.”—The leaves are not merely
ornamental to plants j/they ferve very ufeful purpofes,
and make part of the organs of vegetation.
The greater number of plants, particularly trees,
are furnilhed wdth leaves : in mulhrooms, and Ihrubby
horfe tail, they are totally wanting. Ludwic defines
leaves to be fibrous and cellular procedes of the plant,
which are of various figures, but generally extended
into a plain membranaceous or Ikinny fubdance. They
are of a deeper green than the footdalks on which
they dand, and are formed by the expanfion of the
veffels of the dalk, among which, in feveral leaves,
the proper veffels are didinguifiied by the particular
tade, colour, and fmell, of the liquors contained with¬
in them. /
By the expanfion of the veffels of the dalk, are pro¬
duced feveral ramifications or branches, which, c^ofs-
ing each other mutually, form a kind of net: the
mefhes or interdices of which are filled up with a ten¬
der cellular fubdance, called the pulp, pith, or paren¬
chyma. This pulpy fubdance is frequently confumed
by certain fmall infedb, whild the membranous net
remaining untouched exhibits the genuine ikeleton of
the leaf.
The net in quedion is covered externally with an
epidermis or fcarf Ikin, which appears to be a conti¬
nuation of the fcarf fkin of the dalk, and perhaps
of that of the dem. M. de Sauffure, a judicious na-
turalid, has attempted to prove, that this fcarf fkin,
like that of the petals, is a true bark, cbmpofed itfelf
of an epidermis and cortical net; thele parts feem to
be the organs of perfpiration, which ferve to didipate
the fuperduous juices.
The cortical net is furnifhed, principally on the
furface of the leaf, with a great number of fuckers or
abforbent veffels, dedined to imbibe the humidity of
the air. The upper furface, turned towards heaven,
ferves as a defence to the lower, which looks down¬
ward ; and this difpofition is fo effential to the vege¬
table economy, that, if a branch is overturned in fuch
a manner as to dedroy the natural diredlion of the
leaves, they will, of themfelves, in a very diort time,
refume their former pofition ; and that as often as the
branch is thus overturned.
Leaves, then, are ufeful and neceffary organs; trees
perifh when totally diveded of them. In general,
plants dript of any of their leaves, cannot Ihoot vigo-
roufiy : witnefs thofe which have undergone the de- -
predations of infedls j witnefs, likewife, the very com¬
mon pradlice of dripping off fome of the leaves from
plants, when we would fufpend their growth, or di-
minidi the number of their (hoots. This method is
fometimes obferved with corn and the efculent graffes j
and, in cold years, is pradlifed on fruit trees and vines,
to render the fruit riper and better coloured : but in
this .v
LEA [7
Leaf, thi'' cafe it is proper to wait till the fruits have acquired
^-league. t]Jeir full bulk, as the leaves contribute greatly to
v~~_* their growth, but hinder, when too numerous, that
exquifite rectifying of the juices, which is fo neceflary
to render them delicious and palatable.
When vegetation ceafes, the organs of perfpiration
and infpiration become fupertluous. Plants, therefore,
are not always adorned with.leaves : they produce new
ones every year; and every year the greater part are
totally divefted of them, and remain naked during the
winter. >
Lejf Inficl. See Cimex, Entomology Index.
Leaf-Skeletons. One help for acquiring a know¬
ledge of the anatomy of plants, is the art of reducing
leaves to ikeletons, which may be done by expoling
the leaves to decay for feme time foaked in water, by
which means the lofter will be feparated from the in¬
ternal harder parts. By carefully wiping, preffing and
rinfing them, the harder parts may be obtained from
the reft alone and entire. Some have been able to fe-
parate the outer covering on both Tides from the woody
net, and even to fplit the latter into two. A naturalifl
in the year 1645 firft conceived the idea of making
leaf-ikeletons by employing decompofition for that pur-
pofe, affifling it by feveral ingenious operations of art.
When the method of producing thefe Ikeletons was
publicly known, numberlefs preparations of them were
every where attempted. So much did leaf-lkeletons
afterwards engage the attention of philofophers, that
one Seligmann wrote a treatife on the various methods
which may be employed in their preparation.
The art alfo of railing trees from leaves has been
long known, the firft account of which was publilhed
by Agoflino Mandiroli, an Italian of the Francifcan
order, who allures us that he produced trees from the
leaves of the cedar and lemon tree. In the garden of
Baron de Munchhaufen, a young tree was obtained
from a leaf of the limon a Rlvo, which yielded fruit the
fecond year : It is more than probable that the multi¬
plication of the opvntia or Indian fig, firft luggefted the
idea of fuch experiments, for every joint of that plant
when ftuck into the earth, and properly nurtured,
throws out roots and grows.
Leaf, in clocks and watches, an appellation given
to the notches of their pinions.
Gold Leaf, ufually fignifies fine gold beaten into
plates of an exceeding thinnefs, w'hich are well known
in the arts of gilding, &c. See Gold Leaf.
LEAGUE, a meafure of length, containing more
or fewer geometrical paces, according to the different
ufages and cuftoms of countries. A league at fea,
where it is chiefly ufed by us, being a land meafure
moftly peculiar to the French and Germans, contains
3000 geometrical paces, or three Englifh miles. The
French league fometimes contains the fame meafure,
and in fome parts of France it confifts of 3500 paces :
the mean or common league confifts of 2400 paces,
and the little league of 2000. The Spaniih leagues
are larger than the French, 17 Spaftifh leagues ma¬
king a degree, or 20 French leagues, or 69 j Englifh
ftatute miles. The Dutch and German leagues con¬
tain each four geographical miles. The Perfian leagues
are pretty near of the fame extent with the Spanifh ;
that is, they are equal to four Italian miles, which is
pretty near to what Herodotus calls the length of the
1
8 ] LEA
Perfian paiafang, which contained 30 ftadia, eight League,
whereof, according to Strabo, make a mile. The. Lt;ak‘
work comes from leuca or leuga, an ancient Gaul>i v
word for an itinerary mealure, and retained in that
fenfe by the Romans. Some derive the wTord leuca
from XivKts, “ white j” as the Gauls, in imitation of
the Romans, marked the fpaces and diftauces of their
roads with wdiite ftones.
League alfo denotes an alliance or confederacy be¬
tween princes and ftates for their mutual aid, either in
attacking fome common enemy, or in defending them-
felves. The word comes from liga, which in the Cor¬
rupt Latin was ufed for a confederacy : ^ua quis cum
alio ligatur.
Leagues, among the Greeks, were of three forts :
I. ETravel, EuvS-jj*)), or whereby both parties were
obliged to ceate from hoitilities, without even moleft-
ing the allies of each other ; 2. whereby they
engaged to lend afliflance to each other in cafe of in-
vafion ; and, 3. 'Zvy.fLaylM, whereby they engaged to
have the fame friends and enemies, and to aflift each
other upon all occafions. All thefe leagues were con¬
firmed with oaths, and imprecations, and facrifices.
The vidlims molt generally ufed were a boar, ram, or
goat, fometimes all three j and fometimes bulls and
lambs. They cut out the tefticles of the animal, and
ftood upon them while they fvvore \ and fome of the
hair of the vidtim was diftributed to all prefent. Then
they cut the animal’s throat, which was called
Ttpnii, in Latin,feedus. This done, they repeat¬
ed their oaths and imprecations, calling the gods to
witnefs the honefly of their intentions. A libation
was then made of wine, which at this time was mixed,
to imply their conjundlion and union ; while this was
pouring out, they prayed that the blood of him who
fliould break the treaty might be poured out in like
manner. Upon thefe occalions no part of the vidlim
was eaten. Still further to increale the folemnity of
this obligation, the league was engraven upon brafs,
fixed up in places of public concourfe, and fometimes
read at the folemn games. Some exchanged certain
evpfioXu. or tejfera: upon the occafion, and frequently
fent ambaffadors on fome appointed day, to keep them
in mind of their engagements to each other.
The ceremonies of the Romans in making leagues
were performed by the Feciales. See Feciales.
Leagues of the Grifons, are a part of Switzerland,
confiding of three fubdivifions, viz. the upper league,
the league of the houfe of God, and the league of the
ten jurifdidtions. See the article Grisons.
The League, by way of eminence, denotes that fa¬
mous one on foot in Fiance, from the year 1576 to
1593. Its intent was to prevent the fucceflion of
Henry IV. who jvas of the reformed religion, to the
crown ; and it ended with his abjuration of that faith.
The leaguers, or confederates, were of three kinds.
The ‘zealous leaguers aimed at the utter deftrudlion not
only of the Huguenots, but alfo of the miniftry. The
Spanifh leaguers had principally in view the transfer¬
ring the crown of France to the king of Spain, or the
infanta his daughter. The moderate leaguers aimed on¬
ly at the extirpation of Calvinifm, without any altera¬
tion of the government.
LEAK, at fea, is a hole in the ftiip, through which
the water comes in. A flap is faid to fpring a leak
when
Leakage,
Leake.
LEA C 7r9 ]
when (lie begins to Irak or to let in the water. The He accordingly,
manner ot flopping a leak is to put into it a plug
wrapped in oakum and well tarred, or in a tarpawling
clout, which keeps out the water, or nailing a piece
L E A
of iheet lead -on the place. Seamen fometimes flop a
leak by thralling a piece of fait beef into it. The
fea water, fays Mr Boyle, being frelher than the brine
imoibed by the beef, penetrates into its body, and
cau.es it to fwell fo as to bear flrongly againfl the
edges of the broken plank, and thereby flops the influx
oi the water. A ready way to find a leak in a flap is
to apply the narrower end of a fpeaking trumpet to
t is ear, and the other to the fide of the fhip where the
lea.c is. fuppofed to be ; then the noife of the water if-
. ng at. the leak will be heard diflindly, whereby
it may b-e difcovered. **
LEAKAGE, the flate.of a veflfel that leaks, or lets
water or other liquid ooze in or out.
Leakage, in commerce, is an allowance of i 2 per
cent, in the cufloms, allowed to importers of wines for
the wane or damage it is fuppofed to have received in
t .ie paflage : an allowance of two barrels in 22 is al-
f > made to the bre wers of ale and beer by "the excife
office.
LEAKE, Richard, mailer gunner of England,
was born at Harwich in 1629, and was bred to the
T? Melioration, he was made mailer gunner
of the Princefs,. a frigate of 50 guns; and in the firft
Dutch war diltinguifhed himfelf by his fkill and bra¬
very in two extraordinary adlions ; one again!! 15 fail
of Dutch men of war ; . and another in 1667 againfl two
Danes in the. Baltic, in which the commanding offi¬
cers of the Princefs being killed or defperately wound¬
ed, the command, according to the rules of war at
that time, fell to the gunner. Tn 1669, he was promot¬
ed to be gunner of the Royal Prince, a firll rate man
of war. He was engaged, with his two fons Henry
and John, in the battle againfl Van Tromp, in 1672 •
xvhen the Royal Prince had all her mails fhot away,
near 400 of . her men killed and difabled, and moll of
Her upper tier of guns difmounted. As (he lay thus
like a wreck, a great Dutch man of war came down
Upon her with two fire fhips, either to burn or carry
her off; and Captain Rooke, afterwards Sir George,
thinking it. impoffible to defend her, ordered the men
to fare their lives, and the colours to be flruck. Mr
Leake hearing this, ordered the lieutenant 01T the quar-
ing deck, and took the command upon himfelf/fay-
1 kb u Lie Royal Prince fliall never be given up to
the enemy while I am alive to defend her.” The un¬
daunted fpirit of the brave gunner infpired the fmall re-
fidue of the (hip’s company with refolution ; they re¬
turned with alacrity to the fight, and under the direc¬
tion of this valiant gunner and his two fons funk both
the fire fhips, and obliged the man of war to flieer off •
and having thus faved the Royal Prince, he brought
her into Chatham. But Mr Leake’s joy in obtaining
this viCory was damped by the lofs of Henry, his eld-
eit fon, who was killed near him. Soon after, Mr
Leake was preferred to the command of a yacht, and
alfo made gunner of Whitehall. In 1677, he obtain¬
ed a grant for life of the office of mailer gunner of
England, and florekeeper of the ordnance at Wool¬
wich. By this poll he had full fcope for his genius.
„ . . among other things, invented the Leake
cufhee piece ; and contrived to fire a mortar by the
biafl Oi a piece, which has been ufed ever fince. He
was alfo the principal contriver of what the French
call infernal;, ufed at the bombardment of St Male’s
in 1693. hlr Leake had a furprifing genius for all in¬
ventions of this kind ; and had frequent trials of {kill
with French and Dutch gunners and engineers in
Woolwich warren, at which King Charles ll. and the
duke of York, were often prefent, and he never failed
to excel all his competitors: nor was he lefs {killed in
the art of making compofitions for fireworks ; of which
he likewife made frequent trials with equal fuccefs.
Leake, Sir John, an Englifh admiral, diilinguifh-
ed by his bravery^and fuccefs, was born in 1656^ and
was taught mathematics and gunnery by Mr Richard
Leake his father, who was mailer gunner of Eng¬
land. Entering early into the navy, he diilinguilh-
ed himfelf under his father in 1673, in the memorable
engagement between Sir Edward Spragg and Van
Tromp, when but 16 years of age; and being after¬
wards made captain, he fignalized himfelf, among
ether occafions, by executing the defperate attempt of'
convoying fome vi&uallers into Londonderry, which
obliged the enemy to raife the fiege ; and at the
famous battle of La Hogue. In 1702, being made
commodore of a fquadron, be d'eflroyed -the French
trade and fettlements at Newfoundland, and reltored
the Englifh to the poffeffion of the whole ifland. On
his return he was created rear admiral; foon after, he
wa.s made vice admiral of the blue, and was afterwards
knighted.. He was engaged with Admiral Rooke in
taking Gibraltar : foon after which, he particularly di-
flinguifhed himfelf in the general engagement off Ma-
Lga ; when commanding the leading fquadron of the
van, confifting only of fix fhips, he drove that of the
enemy, confifting of 13, out of the line of battle, fo dif-
abled that they never returned to the fight. In 1705
he relieved Gibraltar, which the French' had befieged
by fea, and the Spaniards by land, fo feafonably, that
the enemy was to have attacked the town that very night
in feveral places, and would undoubtedly have made
themfelves mailers of it. Five hundred Spaniards had,
by the help of rope ladders, climbed up the rocks by
a way that was thought inacceffible. At the fame time
they had got a great number of boats to land 3000 men
at the New Mole, who, by making a vigorous affault
on toe fide next tne fea, were to draw the garrifon to
oppofe the attack, while the 500 concealed men rufli-
ed into the town. Ehefe being the next day drawn
by hunger out of their ambufeade, were difcovered; on
which Sir John affifling the garrifon with Tailors and
marines, they were attacked with fuch vigour, that
though they had taken an path not to furrender to the
Englifh, 190 common foldiers and 30 officers took
quarter: 200 were killed on the fpot; and the reft,
who endeavoured to make their efcape, fell headlong
down the rock. Tie was foon after made vice admiral
of the white, and then twice relieved that fortrefs.
The laft time, he attacked five fhips of the French
fleet coming out of the bay, of whom two were ta¬
ken, and two run afliore and wTere deftroyed : Baron
1 ohiti died foon after, of the wounds he received in
the battle; and in a few days the enemy raifed the
fiege. s
LEA [ 72° 1 LEA
Leake fiege. In the year 1705 Sir John was engaged in the
^ 11 reduftion of Barcelona j and the next year relieved that
, city, when it was reduced to the laft extremity, and
obliged King Philip to raife the fiege. Soon after he
took the city of Carthagena ; from whence proceed¬
ing to Alicant and Joyce, both thefe fubmitted to
him •, and he concluded the exploits of that year w'ith
the redu&ion of the city and iiland of Majorca. Up¬
on his return home, Prince George of Denmark made
Ivim a prefent of a ring valued at 400I. and he had the
honour of receiving 1000I. from the queen as a reward
for his fervices. Upon the unhappy death of Sir
•Cloudefly Shovel, in 1707, he was made admiral of
the white, and commander in chief of her majeily’s
fleet ; and the next year, furprifing a convoy of the
enemy’s corn, he fent it to Barcelona, and thus faved
both that city and the confederate army from the dan-
-ger of famine : foon after convoying the new queen
of Spain to King Charles her confort, her majefty
made him a prefent of a diamond ring of 500I. va¬
lue. He then proceeded to the ifland of Sardinia,
which he reduced to the obedience of King Charles j
and foon after aflifted the lord Stanhope in the conqueft
of Minorca. Then returning home, he wTas appointed
one of the council to the lord high admiral *, and in
1709 was made rear admiral of Great Britain. He
wTas feveral times chofen member of parliament for Ro«
chefter; and in 1712 conduced the Englifh forces to
take poffeffion of Dunkirk. But upon the acceflion
of King George I. he was fuperfeded, and allowed a
penfion of 600I. a-year. After this he lived privately
till his death, w’hich happened at his houfe in Green¬
wich in 1720.
Leake, Stephen Martin, E/q; fon of Captain Mar¬
tin, wrent through different ranks in the heralds of¬
fice till he came to be garter. He was the firft per-
fon who wrote profeffedly on our Englifh coins, two
editions of his “ Hiftorical Account” of w’hich wTere
publifhed by him with plates, under the title of Num-
rni Britannia Hi/Ieria, London, 1726, 8vo. •, the fe-
cond, much improved, London, i745> ®V0, Print*
ed, in 1750, “ The Life of Sir John Leake, knight,
admiral of the fleet,” &c. to whom he was indebted
for a confiderable eftate j which the admiral devifed to
truftees for the ufe of his fon for life ; and upon his
death to Captain Martin (who married Lady Leake’s
After) and his heirs: By which means it came to the
Captain’s fon ; who, in gratitude to the memory of Sir
John Leake, wrote an accurate account of his life, of
which only 50 copies were printed. In 1766, he print¬
ed alfo 50 copies of “ The Statutes of the Order of
the Garter,” 4to. He died in 1773 ; and was buried
in his chancel in the parifh church of Thorp in Effex,
of which manor he was lord.
LEANDER, in poetic hiftory, a young man of
Abydos in Alia. He ufed to fwim over the Hellef-
pont by night to vifit Hero his miftrefs, who fet
forth a light to guide him : but in a tempeftuous win¬
ter night he wras drowned •, upon which Hero feeing
him dead on the fhore, caft herfelf headlong from the
tower, and died alfo. See Hero.
LEAO, in Natural Hi/lory, a mineral fubftance ap¬
proaching to the nature of the lapis lazuli, fouud in
the Eaft Indies, and of great ufe in the Chinefe por-
3 *
celain manufa&ures, as it affords the fineft blue they are Leap
poffeffed of. li
LEAP, in Mujic, is when the long does not pro-, Leale-
ceed by conjoint degrees, as when between each note
there is an interval of a third, a fourth, fifth, &c.
Leap Tear. See Year, and Chronology, N°24.
Lover's Leap. See Leucata.
LEAPING, or Vaulting, was an exercife much
ufed both amongft the Greeks and Romans. The
Grecians called it AX fix, and performed it with weights
upon their heads and ftioulders. Sometimes they car¬
ried the weights in their hands, which w’ere of differ¬
ent figures, but generally oval and made with holes
or covered with thongs, through which the contend¬
ers put their lingers. Thefe weights were called
xXTn^.i. The conteft was who could leap the higheft
and fartheft. The place from w'hence they jumped
was called (&xrv\%, and that to which they leaped,
nrKXfifavx, becaufe the ground svas there dug up.
This exercife was performed in the fame manner by
the Romans.
LEAR, the name of a Britifh king, faid in old
chronicles to have fucceeded his father Bladud, about
A. M. 3160. The ftory of this king and his three
daughters is wTell khown, from Shakefpeare’s excellent
tragedy founded on it.
LEASE, from the French leifer, demittere, “ to let,”
in law, a demife, or letting of lands, tenements, or he¬
reditaments, unto another for life, term of years, or at
will, for a rent referved.
A leafe is either written, called an indenture, deed-
roll, or leafe in writing 5 or by word of mouth, called
leafe parole.
All eftates, interefts of freehold, or terms for years
in lands, &c. not put in writing and figned by the
parties, fhall have no greater effedl than as eftates at
will; unlefs it be of leafes not exceeding three years
from the making 5 wftierein the rent referved Ihall be
two thirds of the value of the things demifed. Leafes
exceeding three years muft be made in writing 5 and if
the fubftance of a leafe be put in writing, and figned
by the parties, though it be not fealed, it fhall have
the effedft of a leafe for years, &c.
An afjignnient differs from a leafe only in this, that
by a leafe one grants an intereft lefs than his own, re-
ferving to himfelf a reverfion ; in aflignments he parts
with the whole property, and the affignee ftands to all
intents and purpofes in place of the aflignor.
Lease, in Scots Law. See Tack.
Lease and Re/cafe, a fpecies of conveyance ufed
in the Englfth latv, firft invented by Serjeant Moore,
foon after the ftatute of ufes, and now the moft com¬
mon of any, and therefore not to be ftiaken ; though
very great lawyers (as particularly Mr Noy) have
formerly doubted its validity. It is thus contrived ;
A leafe, or rather bargain and fale, upon fome pecu¬
niary confideration, for one year, is made by the te¬
nant of the freehold to the leffee or bargainee. Now
this without any enrolment, makes the bargainor
ftand feiled to the ufe of the bargainee, and veils in
the bargainee the ufe of the term for a year 5 and then
the ftatute immediately annexes the poffeffon. He
therefore, being thus in poffeflion, is capable of re¬
ceiving a releafe of the freehold and reverfion, which
muff:
L E A _ r 7
I.eafh mufl be made to a tenant in poffeinon : and according-
Jjt ly, the next day, a releafe is granted to him. This
’ r , is held to fapply the place of livery of .feifin •, and fo
a conveyance by leafe and releafa is faid to amount to
a feoffment.
LEASH, among fportfmen, denotes three creatures
of any kind ; but chiefly greyhounds, foxes, bucks, and
hares.
The term leafh alfo fignifles a line to hold in a hunt¬
ing dog ; and a fmall long thong of leather, by which
a falconer holds his hawk.
LEASING-making, in Scots Law, the uttering
of words tending to excite difeord between the king
and his people •, alfo called verbalfedition.
LEATHER, the fkin of feveral forts of beafls
dreffed and prepared for the ufe of various manufac¬
turers, whofe bufinefs it is to make them up.
Dyeing of Leather, Skins, <b'c. Blue is given by
fleeping the fubjedt a day in urine and indigo, then
boiling it with alum : or it may be given by temper¬
ing the indigo wdth red wine, and wafhing the fkins
therewith. is given by wafhing the fkins, and
Hying them two hours in galls, then tvringing them
out, dipping them in a liquor made with liguflrum,
alum, and verdigris in water; and lafldy, in a dye
made of Brazil tvood, boiled with ley. Purple is given
by wetting the fkins with a folution of roche alum
in w’arm water; and, when dry again, rubbing them
with the hand with a decoftion of logwood in colder.
Green is given by fmearing the fkin with fap-green
and alum-water boiled. Dark green is alfo given with
fleel filings and fal ammoniac fleeped in urine till foft,
then fmeared over the fkin ; which is to be dried in
the fliade. Sky colour is given wdth indigo fleeped in
boiling water, and the next morning wauned and
fmeared over the fkin. Yellow, by fmearing the fkin
over with aloes and linfeed oil dilfolved and drained ;
or by infufing it in weld. Orange colour is given by
fmearing with fuflic berries boiled in alum water ; or,
for a deep orange, with turmeric.
Procejfes for Dyeing Xeather Red and Yelloxv as
pra&ifed "in Turkey, with dire&ions for Preparimr and
Tanning the Skins ; as communicated by Mr Philippo, a
native of Armenia, who received from the Society for the
Encouragement of Arts, <b'c. one hundred pounds, and al¬
fo the gold medal of the Society, as a reward for difeover-
ing this fecret.
~ i • Eirft Preparation of the Skins, both for Red and
Yellow Leather, by drefjing them in I Arne. Let the fkins,
dried with the hair on, be firfl laid to foak in clean
water for three days ; let them then be broken over
the flefh fide, put into frefh water for two days longer,
and afterwards hung up to drain half an hour. Let
them now be broken on the flefh fide, limed in cold
lime on the fame fide, and doubled together with
the grain fide outward. In this flate they mud be
hung up within doors over a frame for five or fix days,
till the hair be loofe ; which mufl then be taken off,
and the fkins returned into the lime pit for about
three weeks. Take them out, {tnd let them be well
worked flefh and grain, every fixth or feventh day du¬
ring that time : after which, let them be waflied ten
times in clear w7ater, changing the water at each wafl>
ing. 1 hey are next to be prepared in drench, as be¬
low mentioned.
Vol. XL Part II.
21 • ] . LEA
2. Second Preparation of the Skins for both the Red beat
and Yellow Dyes by drenching. After fqueezing the
water out of the fkins, put them into a mixture of bran
and water, warm as new milk, in the following pro--
portions; viz. about three pounds of bran for five
fkins, and water fuflicient to make the mixture mode¬
rately flu:d, which will be about a gallon to each pound
of bran. In this drench let the fkins lie three days ;
at the end of wdrich time they mufl. be well worked,
and afterwards returned into the drench twm days
longer. They muft then be taken out and rubbed
between the hands; the water fqueezed from them,
and the bran feraped off clear from both fides of
the fkins. After this they muft be again walked ten
times in clear water, and the water fqueezed out of
them.
Thus far the preparatory procefs of all the fkins,
whether intended to be dyed red or yellow-, is the Line;
but afterw-ards thofe which are to be dyed red, muft
be treated as follows.
3. Preparation in Honey and Bran of Shins that
are to be dyed Red. Mix one pound of honey with
three pints of lukewrarm water, and ftir them toge¬
ther till the honey is diffolved. Then add tw7o double
handfuls of bran; and taking four fkins (for wrhich the
above quantity of the mixture will be fufficient) work
them well in it one after another. Aftewards fold up
each fkin feparately into a round form, with the flefh
fide inwards ; and lay them in an earthen pan, or other
proper veffel ; if in the fummer, by the fide of each
other; but in the wdnter, on the top of each other.
Place the veffel in a Hoping pofition, fo that fuch part
of the fluid as may fpontaneoufly drain from the fkins,
may pafs from them. An acid fermentation will then
rife in the liquor, and the fkins will fwell confiderably*
In this ftate they muft continue for feven or eight
days; but the moifture that drains from them muft
be poured off, once or twice a-day, as occaflon may re¬
quire. After this a further preparation Jn fait is ne-
ceffary ; and which muft be performed in the following
manner.
4. Preparation in Salt, of the fkins to be dyed Red.
After the fkins have been fermented in the honey and
bran, as above mentioned, let them be taken out of that
mixture on the eighth or ninth day, and well rubbed
with dry common fea fait, in the proportion of about
half a pound to each fkin ; the fait muft be well rub¬
bed and w-orked with them. This will make them con-
tra£l again, and part with a further confiderable quan¬
tity of moifture ; w-hich muft be fqueezed out by draw¬
ing each fkin feparately through the hands. They
muft next be feraped clean on both fides from the bran,
fuperfluous fait, and moifture that may adhere to them.
After which, dry fait muft be ftrewed over the grain-
fide, and well rubbed in with the hand. They are
then to be doubled with the flefh fide outwards, length- k
wife from neck to tail, and a little more dry fait muft
be thinly ftrewed over the flefh fide, and rubbed in;
for the two laft operations, about a pound and a half
of fait will be fuflicient for each fkin. They muft then
be put, thus folded on each other, betw-een two clean
boards, placed Hoping, breadthwife; and a heavy
weight laid on the upper board, in order gradually to
prefs out what moifture they will thus part with. Iijl
this ftate of preffure, they muft be continued two days
LEA [ 722 ] LEA
or lenger, till it is convenient to dye them, for which for four fldns : they are then to be grained on a grain- Lt
they will then be duly prepared. ing board, lengthwife, breadthwiie, and cornerwiie, or'
5. Preparation of the Red Dye, in a proper propor- from corner to corner.
tion for four Shins. Put eight gallons of water into a 8. Preparations with Galls, for the Shins to be dyed
copper, with leven ounces of Ihenan (a) tied up in a Yellow. After the four fldns are taken out of the
linen bag. Light a fire under a copper ; and when the drench of bran, and clean walhed as before directed in
water has boiled about a quarter of an hour, take out the fecond article, they muft be very well wnrked, half
the bag of ihenan, and put into the boiling fluid or an hour or more, in a mixture of a pound and a half of
lixivium, iff, Two drams of alum ; 2dly, Two drams, the belt white galls, finely powdered, with two quarts
pomegranate bark ; ^dly, Three quarters of an ounce of clean water. The Ikins are then to be feparately
of turmeric ; 4thly, Three ounces of cochineal; jthly, doubled lengthwife, rolled up with the fleih fide out-
Two ounces ot loaf fugar. Let the whole mixture boil wards, laid in the mixture, and clofe preffed down on
about fix minutes, then cover tne fire, and take out a each other, in which ifate they muff continue two w'hole
quart of liquor, putting it into a flat earthen pan ; and days. On the third day let them be again worked in
when it is as cold as new milk, take one fkin, folded the. tan 5 and afterwards feraped clean from the 'rails
lengthwife, the grain fide outwards, and dip it in the wuth an ivory or brafs inllrument (for no iron mull
liquor, rubbing it gently with the hands. Then taking touch them). They muft then be put into a frelh tan,
out the fkin, hang it up to drain, and throw’ away the made of tw’o pounds of galls finely powdered, with a-
fuperfluous dye. Proceed in the fame manner with the bout three quarts of water, and well worked therein
remaining three fit ins; repeating the operation of each 15 times. After this they muft be doubled, rolled up
fkin feparately, eight times, f'queezing the Ikins by as before, and laid in the fecond tan for three days,
drawing them through the hands before each fielh dip- On the third day a quarter of a pound of white hea¬
ping. Lay them now on one fide of a large pan, fet fait muft be worked into each Ikin ; and the fkins dou-
floprng, to drain off as much of the moifture as wdll run bled up as before, and returned into the tan, till the
from them without preffure, for about two hours, or till day following, when they are to be taken out, and well
they are cold j then tan them as below dire'fted. walhed fix times in cold water, and four times in wa-
6. Tanning the Red Shins. Powder four ounces of ter lukewarm. The water muft be then wTell fqueezed
the beft white galls in a marble mortar, fifting it out, by laying the fkins under preffure, for about half
through a fine fieve. Mix the powder with about three an hour, between two boards, with a weight of about
quarts of water, and work the fkins well' in this mix- 200 or 300 pounds laid upon the uppermoft board,
ture for half an hour or more, folding up the fkins four- when they will be ready for the dye.
fold. Let them lie in this tan for 24 hours •, when they 9. Preparation of the Yellow Dye, in the proper pro.
muft be worked again as before ; then taken out, fera- portion for four Shins. Mix fix ounces of cafliari gehi-
ped clean on both fides from the firft galls, and put ra (b), or dgehira, or the berries of the eaftern rham-
into a like quantity of frefh galls and water. In this nus, with the fame quantity of alum ; and pound them
frefti mixture they muft be again well worked for three together till they be fine, in a marble or brafs mortar,
quarters of an hour j then folded up as before, and left with a brafs peftle. Then dividing the materials, thus
in the frefh tan for three days. On the fourth day powdered, into three equal parts of four ounces each,
they muft be taken out, wTafhed clean from the galls in put one of thofe three parts into about a pint and a half
feven or eight frefh quantities of water, and then hung of water, in a china or earthen veffel, and ftir the mix-
up to dry. ^ ture together. Let the fluid ftand to cool, till it will
7. Manner of Dreffing the Shins after they are tanned, not feald the hand. Then fpreading one of the ikins
When the fkins have been treated as above, and are flat on a table, in a warm room, witn the grain-fide up-
yery near dry, they fhculd be feraped with the proper permoft, pour a fourth part of the tinging liquor, pre-
inftrument or feraper on the flefh fide, to reduce them pared as above diredted, over the upper or grain-fide,
to a proper degree of thicknefs. They are then to be fpreading it equally over the fkin with the hand, and
laid on a fmooth board, and glazed by rubbing them rubbing it well in. Afterwards do the like with the
with a fmooth glafs. After which they muft be oiled, other three fkins, for which the mixture firft made will
by rubbing them with olive oil, by means of a linen be fufficient.
rag, in the proportion of one ounce and a half of oil This operation muft be repeated twice more on each
fkin
(a) Shenan is a drug much ufed by dyers in the eaft •, and may eafily be procured at any of the ports of Syria
and Africa, in the Levant. It is the eaftern jointed-kali, called by botanifls falicornia ; and grows in great
plenty in thofe and other parts of the eaft. There is a leffer fpecies of the falicornia on our coaft, ■which, from its
great affinity with the fhenan, might be prelumed to have the fame qualities. On fome trials, how'ever, it has not
appeared to anfwer the intention of the fhenan 5 but it will not be prudent to purfue the examination of this fur¬
ther, as fome unknown circumflances in the colledling or ufing the Englifh falicornia might occafion the mifear-
riage. But be this as it may, the eaftern fhenan may, at all events, be eafily procured in any quantity, at a
very trifling expence, by any of the captains of Turkey (hips, at Aleppo, Smyrna, &c.
(b) 'The caffiari gehira is the berries of an eaftern rhamnus, or buckthorn tree ; and may be had at Aleppo,
and other parts of the Levant, at a fmall price. The common Avignon or yellow berries may be lubftituted, but
not with fo good an effedl ; the caffiari gehira being a ftronger and brighter yellow dye, both for this ufe and
aifo that of colouring paper hangings, &c.
Leather.
LEA [7.
(kin fcparately, with the remaining eight ounces of the
powder of the berries, and alum, wTith the above-men¬
tioned due proportions of hot water, put to them as
before directed.
The fkins, when dyed, are to be hung up on a
wooden frame, without being folded, with the grain-
fid e outwards, about three quarters of an hour to drain ;
when they muft be carried to a river or ftream of run¬
ning water, and well walhed therein fix times or more.
After this they mufl be put under preffure for about an
hour, till the water be well fqueezed out $ afterwards
the Ikins mull be hung up to dry in a warm room.
This being done, the Ikins are to be dreffed and
grained as before diredted for thofe dyed red j except
the oiling, which muft be omitted.
Blacking Leather, In the tanning of leather it
is fo much impregnated with the aftringent parts of
oak bark, or with that matter which ftrikes a black
with green vitriol, that rubbing it over three or four
times with a folution of the vitriol, or with a folution
of iron made in vegetable acids, is fufticient for ftaining
it black. Of this we may be convinced by dropping
a little of the folution on the unblacked fide of com¬
mon ftioe leather. This operation is performed by the
currier j who, after the colouring, gives a glofs to the
leather with a folution of gum arabic and fize made
in vinegar. Where the previous aftringent impregna¬
tion is infufficient to give due colour, and for thofe
forts of leather which have not been tanned, feme galls
or other aftringents are added to the folution of iron ;
and in many cafes, particularly for the finer forts of
leather, and for renewing the blackneis, ivory or lamp¬
black are ufed. A mixture of either of thefe with hn-
feed oil makes the common oil blacking. For a film¬
ing blacking, fmall beer or water are taken inftead of
oil, in the quantity of about a pint to an ounce of the
ivory black, with an addition of half an ounce of
brown fugar and as much gum arabic. The white of
an egg, fubftituted for the gum, makes the black
more ftiining, but is fuppofed to hurt the leather, and
make it apt to crack. It muft be obvious, however,
that all thefe compofitions admit of a great many varia¬
tions.
Gilding of Leather. Take glair of the whites of
eggs, or gum water, and wnth a brulh rub over the
leather with either of them : then lay on the gold or
filver, and, letting them dry, burnilh them. See the
articles Gilding and Burnishing.
To drefs or cover L,eat her with Silver or Gold Take
brown-red ; grind or move it on a ftone w’ith a muller,
adding water and chalk ; and when the latter is diflfol-
ved, rub or lightly daub the leather over with it, till
it looks a little whitilh ; and then lay on the leaf-filver
or gold before the leather is quite dry, laying the leaves
a little over each other, that there may not be the leaft
part uncovered ; and when they have w’ell clofed with
the leather, and are fufficiently dried on and hardened,
rub them over with an ivory polifher, or the foretooth
of a horfe.
By feveral ftatutes, regulations are made for the tan¬
ning and manufa&uring of leather ; and by the 27th
Geo. III. c. 13. a duty is laid upon all hides and fkins
imported, and drawbacks allowed on the exportation
thereof. Several duties are alfo impofed on hides and
fkins tanned in Great Britain, of what kind foever, as
3 ] LEG
fet forth in fchedules annexed to the faid aft. By the ^eaven
23 Geo. III. c. 37. further regulations are made re-
fpefting the faid duties, which are under the manage- 1 -.1^—
ment of the officers of excife.
LEAVEN, apiece of four dough, ufed to ferment
and render light a much larger quantity of dough or
pafte. See Bread, Barm, and Baking.
Leaven was ftridlly forbidden by the law of Mofes
during the feven days of the paffover ; and the Jew’s, in
obedience to this law, very carefully purified their
houfes from all leaven as foon as the vigil of the feaft
began. Nothing of honey or leaven was to have place
in any thing prefented to the Lord, upon his altar,
during this folemnity. If, during the feaft, the leaft
particle of leaven was found in their houfes, they ima¬
gined the wffiole was polluted, for a little leaven leaven-
eth the whole lump. Leaven, in its figurative fenfe,
fignifies the bad paftions of envy and malice, and ran¬
cour, which four the temper, and extend their ferment
over the focial affeftions; whereas unleavened bread
implies fincerity and truth. It is frequently ufed for
any kind of moral contagion.
LEAVES of plants. See Leaf.
Colours exlraBedfrom Leaves. See CozouR-Mak-
37-
LEBADEA, or Lebadia, an ancient town of
Boeotia, on the borders of Phocis, fituated between
Helicon and Chaeronea, near Coronaea. In it flood
the oracle of Jupiter Trophonius, which whoever w’ent
to confult, defeended into a fubterraneous gulf.
LEBED A, an ancient fea port town of Africa, in
the kingdom of Tripoli, with a pretty good harbour,
and an old caftle, feated on the Mediterranean fea ; in
E. Long. 14. 50. N. Lat. 32. 10.
LEBEDOS, reckoned among the twelve ancient
cities of Ionia, was fituated to the fouth of Smyrna.
It was the refidence of 1! age-players, and the place
where they met from all parts of Ionia, as far as the
Hellefpont, and celebrated annual games in honour of
Bacchus, (Strabo). It was overthrown by Lyfima-
chus, who removed the inhabitants to Ephefus j icarce
ever after recovering itfelf, and becoming rather a vil¬
lage than a town, (Horace.)
LEBEN, or Lebena, in Ancient Geography, one
of the port towms of the Gortynians, near the promon¬
tory Leon, on the fouth-eaft fide of Crete j famous for
a temple of ALfculapius in imitation of that of Cyre-
naica.
LEBRIXA, an ancient, ftrong, and pleafant town
of Spain, in Andalufia ; feated on a territory abound¬
ing in corn, wine, and a great number of olive trees,
of whofe fruit they make the beft oil in Spain. W.
Long. 5. 32. N. Lat. 36. 52.
LEBUS, a town of Germany, in the circle of Up¬
per Saxony, and in the marquifate of Brandenburg,
with a bilhop’s fee, fecularized in favour of the houfe
of Brandenburg. It is feated on the river Oder, in E.
Long 14. 55. N. Lat. 52. 28.
LECCE, a rich, populous, and moft beautiful town
of Italy, in the kingdom of Naples and in the Terra
d’Otranto, of which it is the chief place, and the fee
of a biffiop. E. Long. 18. 20. N. Lat. 40. 38.
LECCO, a town of Italy in the duchy of Milan,
feated on the eaftern fide of the lake Como. E. Long.
9. 40. N. Lat. 45. 45.
4 Y 2
LECHLADE,
LEG
Lechlade
II
Lecflurers.
LECHLADE, a town of Gloucelterilme in Eng¬
land, (eated at the confluence of the rivers Lech and
; Thames, W. Long. 2. 15. N. Lat. 51. 42.
LLCHNICH, a town of Germany, in the circle of
the lower Rhine, and in the eleaorate of Cologne.
E. Long. 6. 35. N. Lat. 50. 40.
LECTI, beds or couches, w'ere# of two kinds a-
mongft the Romans, as being dellined to two different
ufes, to lie upon at entertainments, and to repofe upon
for nightly reft. The firft were called lecli tricliniares,
the other lech cubicularii. See Beds.
LEC1ICA, was a litter or vehicle in which the
Romans were carried. Xt was of two kinds, covered
and uncovered. The covered lexica is called by Pliny
cubiculum viatorum, a traveller’s bedchamber : And in¬
deed we are informed that Auguftus frequently ordered
his fervants to flop his litter that he might fleep upon
the road. This vehicle was carried by fix or eight men
called lecficarii. The leftica differed from the fella,
for in the firft the traveller could recline himfeif for
fleep, in the latter he was obliged to fit. The lexica
was invented in Bithynia 5 the fella was a Roman ma¬
chine, and efteemed the more honourable of the two.
Lexica was alfo the name of the funeral bed or bier for
carrying out the dead.
LECriCARII, among the Romans, fervants who
carried the Lectica.
IvECTICARIUS was alfo an officer in the Greek
church, whofe bufinefs it was to bear off the bodies of
thofe who died, and to bury them. Thefe were other-
wife denominated decani and copiatce.
LEC 1 10, Reading. Confidered in a medicinal view,
it is faid by Celfus, lib. i. cap. 4. to be bad, efpecially
a“er fupper, for thofe whofe heads are weak •, and in
lib. i. cap. 8. he recommends reading with an audible
voice for fuch as have weak ftomachs. It is alfo
dire6ted by Paulus vEginetus as an exercife, lib. i.
cap. 19.
LEC LISTERNIUM, a folemn ceremony obferved
by the Romans in times of public danger, wherein an
entertainment was prepared with great magnificence,
and ferved up in the temples. The gods were invited
to partake of the good cheer, and their ftatues placed
upon couches round the table in the fame manner as
men ufed to fit at meat. The firft ledtifternium held
at Rome was in honour of Apollo, Latona, Diana,
Hercules, Mercury, and Neptune, to put a flop to a
contagious diftemper which raged amongft the cattle,
in the year of Rome 354. At thefe feafts the Epulo-
nes prefided, and the lacred banquet was called cpulum.
See Epulo, Epulum, &c.
Something like the le£lifternium was occafionally
obferved amongft the Greeks, according to Cafau-
bon.
LECTORES, among the Romans, fervants in great
men’s houfes, who were employed in reading while their
mailers were at fupper. They were called by the Greeks
Anagnostje.
LECTOURE, an ancient and flrong town of
France, in Gafcony, with a caftle and a bilhop’s fee ;
feated on a mountain, at the foot of which runs the river
Gers. E. Long. o. 42. N. Lat. 43. 56.
LECTURERS, in England, are an order of preach¬
ers in pariftr churches, diftindft from the reftor, vicar,
and curate. They are chofcn by the veftrv, or chief
[ 724 1
LEE
inhabitants of the pariffi, fupported by voluntary fub-
fcriptions and legacies, and are ufually the afternoon
preachers in the Sunday fervice. The term is alfo v
more generally applied to thofe who preach on Sun¬
day, or on any ftated day of the week, in churches,
or other places of public worlhip. By 13 and 14 Car. II.
cap. 4. lefturers in churches, unlicenfed, and not con¬
forming to the liturgy, lhall be difabled, and ftiall alfo
fuffer three months imprifonment in the common gaol ;
and two juftices, or the mayor in a town corporate,
lhall, upon certificate from the ordinary, commit them
accordingly. Where there are leisures founded by the
donations of pious perfons, the .lefturers are appointed
by the founders without any interpolition or confent of
reflors of churches, &c. though with the leave and ap¬
probation of the bilhop 5 fuch as that of Lady Moyer’s
at St Paul’s. But the leflurer is not entitled to the
pulpit, without the confent of the reftor or vicar, who
is poffeffed of the freehold of the church.
LEDA, in fabulous hifiory, a daughter of King
Thefpius and Eurythemis, who married Tyndarus king
of Sparta. She was feen bathing in the river Eurotas
by Jupiter, when (he was fome few days advanced in her
pregnancy, and the god, Itruck with her beauty, re-
folved to deceive her. He perfuaded Venus to change
herfelf into an eagle, while he affumed the form of a
{wan, and after this metamorphofis Jupiter, as if fear¬
ful of the tyrannical cruelty of the bird of prey, fied
through the air into the arms of Leda, who willingly
fheltered the trembling fwan from the affaults of his
fuperior enemy. The carefles with which the naked
Leda received the fwan, enabled Jupiter to avail him¬
feif of his fituation, and nine months after this ad¬
venture the rvife of Tyndarus brought forth two eggs,
of one of which fprung Pollux and Helena, and of the
other Caftor and Ulytemneftra. The two former were ■
deemed the offspring of Jupiter, and the others claimed
Tyndarus for their father. . Some mythologifts attri¬
bute this amour to Nemefis and not to Leda 5 and
they farther mention, that Leda was intrufted with
the education of the children which fprung from the
eggs brought forth by Nemefis. To reconcile this di-
verlity of opinions, others maintain that Leda received
the name of Nemefis after death. Homer and Hefiod
make no mention of the metamorphofis of Jupiter into
a fwan, -whence fome have imagined that the fable
poets, and probably
was unknown to thofe two ancient
invented fince their age.
LEDBURY, a town of Herefordihire in England.
It is a well built town, feated on a rich clay foil, and
inhabited moftly by clothiers, who carry on a pretty
large trade. W. Long. 2. 27. N. Lat. 52. 6.
LEDESMA, an ancient and ftrong town of Spain,
in the kingdom of Leon, feated on the river Tome, in
W. Long. 5. 25. N. Lat. 47. 2.
LEDGER, the principal book wherein merchants
enter their accounts. See Book-keeping.
LEDUM, marsh cistus, or WildRofemary ; a ge¬
nus of plants belonging to the decandna clafs 5 and in
the natural method ranking under the 18th order, Bi¬
conics. See Botany Index.
LEE, an epithet ufed by feamen to diftinguiffi-that
part of the hemifphere to which the wind is direfted,
from the other part whence it arifes ; which latter is
accordingly called to windward. This expreflion is
- chiefly
LecTa
Lee.
LEE [ 7
chiefly ufed when the wind croffes the line of a fhip’s
courfe, fo that all on a fide of her is called to wind¬
ward, and all on the oppofite fide to leeward. Hence,
Under the Lee, implies farther to the leeward, or
farther from that part of the horizon whence the wind
blows : as,
Under the Lee of the Shore; i. e. at a fhort diftance
from the (hore which lies to windward. This phrafe
is commonly underllood to exprefs the fituation of a
veffel anchored, or failing under the weather-fhore,
where there is always fmoother water, and lefs danger
of heavy feas, than at a great diftance from it.
Lee Larches, the hidden and violent rolls which a
fliip often takes to the leeward in a high fea, parti¬
cularly when a large wave l^rikes her on the wTeather-
fide.
Lee Side, all that part of a fliip or boat which lies
between the malt and the fide fartheft from the direc¬
tion of the wind ; or otherwife, that half of a flii^
which is prefied down towards the wTater by the effort
of the fails, as feparated from the other half by a line
drawn through the middle of her length. That part
of the (hip which lies to windward of this line is
accordingly called the weather-Jide. Thus admit a (hip
to be failing fouthward, with the wind at eaft, then is
her ftarboard or right fide the lee-Jide; and the lar¬
board, or left, the weather-Jide.
■ LEK-Stone. See LEE-Penny.
LKK-Way. See Navigation.
LEE, Nathaniel, a very eminent dramatic poet
of the laft century, was the fon of a clergyman, wdio
gave him a liberal education.—He received his firft
rudiments of learning at Weilminfter fchool ; from
whence he wrent to Trinity college, Cambridge.—
Coming to London, however, his inclination prompt¬
ed him to appear on the theatre 5 but he was not
more fuccefsful in reprefenting the thoughts of other
men, than many a genius befides, who have been
equally unfortunate in treading the llage, although
they knew fo well how7 to wTrite for it. He produced
11 tragedies, all of which contain a very great por¬
tion of true poetic entbufiafm. None, if any, ever
felt the paflion of love more truly ; nor could any one
defcribe it with more tendernefs. Addifon commends
his genius highly •, obferving, that none of our Eng-
lifli poets had a happier turn for tragedy, although
his natural fire and unbridled impetuofity hurried him
beyond all bounds of probability, and fometimes w’ere
quite out of nature. The truth is, this poet’s imagi¬
nation ran awmy with his reafon •, fo that at length he
became quite crazy ; and grew fo mad, that his friends
were obliged to confine him in bedlam, where he made
that famous witty reply to a coxcomb fcribbler, who
had the cruelty to jeer him with his misfortune, by
obferving that it was an eafy thing to write like a mad¬
man :—“ No (laid Lee), it is not an eafy thing to
write like a madman ; but it is very eafy to write like
a fool.” Lee had the good fortune to recover the ufe
of his reafon fo far as to be difcharged from his me¬
lancholy confinement •, but he did not long furvive his
enlargement, dying at the early age of 34. Cibber, in
his Lives of the Poets, fays he perifhed unfortunately
in a night ramble in London ftreets.—His Theodofius
and Alexander the Great are flock plays, and to this
day are often afted with great applaufe. The late Mr
5 1 lee
Barry was particularly fortunate in the churaclef of Lee-Penny.^
the Macedonian hero.
L^EE-Penny, or I^eejlone, a curious piece of antiqui¬
ty belonging to the family of Lee in Scotland, and of
which the following account has been given in the
Gentleman’s Magazine for December 1787.
It is a ftone of a dark red colour and triangular
fliape, and its fize about half an inch each fide. It is
fet in a piece of filver coin, which, though much de¬
faced, by fome letters ftill remaining is fuppofed to be a
{hilling of Edward I. the crofs being very plain, as it is
on his {hillings.—It has been, by tradition, in the Lee
family fince the year 13 20 j that is, a little after the
death of King Robert Bruce, who having ordered his
heart to be carried to the Holy Land, there to be
buried, one of the noble family of Douglas was fent
with it, and it is faid got the crowned heart in his
arms from that circumftance : but the perfon who car¬
ried the heart was Simon Locard of Lee, who juft about
this time borrowed a large fum of money from Sir
William de Lend fay, prior of Air, for which he grant¬
ed a bond of annuity of ten pounds of filver, during the
life of the faid Sir William de Lendfay, out of his
lands of Lee and Cartland. The original bond, dated
1323, and witneiTed by the principal nobility of the
country, is ftill remaining among the family papers.
As this was a great fum in thofe days, it is thought
it was borrowed for that expedition; and, from his
being the perfon who carried the royal heart, he
changed his name to Lockheart, as it is fometimes
fpelled, or Lockhart, and got a heart within a lock
for part of his arms, with the motto Corda ferata pan-
do.—This Simon Lockhart having taken prifoner a
Saracen prince or chief, his wife came to ranfora him j
and on counting out the money or jewels, this ftone
fell out of her purfe, which flie haftily fnatched up j
which Simon Lockhart obferving, infilled to have it,
elfe he would not give up his prifoner.—Upon this the
lady gave it him, and told him its many virtues, viz.
that it cured' all difeafes in cattle, and the bite of a
mad dog both in man and beaft. It is ufed by dip¬
ping the ftone in water, which is given to the difeaf-
ed cattle to drink ; and the perfon who has been bit,
and the wound or part infefted, is wafhed with the
water. There are no words ufed in the dipping of the
ftone, or any money taken by the fervants, without
incurring the owner’s difpleafure. Many are the cures
faid to be performed by it, and people come from all
parts of Scotland, and even as far up in England as
Yorkthire, to get the water in wdrich the ftone is
dipped, to give their cattle, when ill of the mur¬
rain efpecially, and black-leg.—A great many years
ago, a complaint was made to the ecclefiaftical courts
againft the laird of Lee, then Sir James Lockhart, for
ufing witchcraft.—It is faid, when the plague was laft;
at Newcaftle, the inhabitants fent for the Lee-penny,
and gave a bond for a large fum in truft for the loan j
and that they thought it did fo much good, that they
offered to pay the money, and keep the Lee-penny ; but
the gentleman would not part with it. A copy of this
bond is very well attefted to have been among the fa¬
mily papers, but fuppofed to have been fpoiled, along
with many more valuable ones, about 50 years ago, by '
rain getting into the charter room, during a long mi-.
nority, and no family redding at Lee,
We
T- K E [ 7
VVe liave given this hiftory, not on account of the
■i.. .“{_a' , utility of the information, but as a proof of the fuper-
flition of the times. None of the virtues which the
ftone was formerly fuppoied to poifefs, are now afcribed
to jt, excepting, we believe, in the cale of fome of the
dileales of cattle j and even thele in more enlighten¬
ed times will become daily lefs numerous and lefs
powerful.
LEECH, in Zoology. See Hirudo, Helmintho¬
logy Index.
, Leeches, in a ihip, the borders or edges of a fail
which are either Hoping or perpendicular.
.1 he leeches of all fails whofe tops and bottoms are
parallel to the deck, or at right angles to the mail,
are. denominated from the Ihip’s fide, and the fail to
which they belong j as the Jlarboard leech of the main-
fail, the lee leech of the fore-top fail, &c. But the
fails which are fixed obliquely on the mafts have their
leeches named from their fituation with refped to the
fliip’s length ; as xlwe fore leech of the mizen, the after¬
leech of the jib or fore-ftay fail, &c.
Leech Lines, certain ropes faltened to the middle
of the leeches of the main-fail and fore-fail, and com¬
municating with blocks under the oppofite fides of the
top, whence they pafs downwards to the deck, ferving
to trufs up thofe fails to the yard as occafion requires.
See Brails.
LrECH-Rope, a name given to that part of the bolt-
rope to which the border or fkirt of a fail is fewed.
In all fails whofe oppofite leeches are of the fame
length, it is terminated above the earing, and below
the clue. See BoLT-Rofie, Clue, and Earing.
LEEDS, a town of the weft riding of Yorkfhire,
196 miles from London, has a magnificent ftone bridge
over the river Aire to the fuburbs. It was incorpo¬
rated by King Charles I. with a chief alderman, nine
burgeffes, and 20 afliftants and by Charles II. with
a mayor, 1 2 aldermen, and 24 aftiftants. It has been
a long time famous for the woollen manufa&ure, and
is one of the largeft and moft flourifhing towns in the
county, yet had but one church till the reign of
Charles I. By means of inland navigation, it has com¬
munication with the rivers Merfey, Dee, Kibble, Oufe,
Trent, Darwent, Severn, Humber, Thames, Avon,
&c. which navigation, including its windings, extends
above 500 miles in the counties of Lincoln, Notting¬
ham, Lancafter, Weftmorland, Chefter, Stafford, War¬
wick, Leicefter, Oxford, Worcefter, &c. Here is a long
ftreet full of (hops, and a hall for the fale of cloth, built
in 1758. The merchants of this place, York, and Hull,
fhip them off at the latter port, for Holland, Hamburgh,
and the north. After ringing of the market-bell at fix
or feven in the morning, the chapmen come and match
their patterns, when they treat for the cloth with a whif-
per, becaufe the clothiers ftandings are fo near each o-
ther ; and perhaps 20,oool. worth of cloth is fold in an
hour’s time. At half an hour after eight the bell rings
again, when the clothiers make room for the linen-
firapers, hardware men, (hoemakers, fruiterers, &.c. At
the fame time the (hambles are well ftored with all forts
of fi(h and flefti j and 500 horfe loads of apples have
been counted here in a day. There is a magnificent
hall, where they alfo fell great quantities of white
cloth ; and here is a noble guildhall, with a fine marble
-ftatue of Queen Anne, erefted about the year 1714.
£
6 ] LEE
Its river being navigable by boats, they fend other Leeds
goods, befides their cloth, to Wakefield, York, and il
Hull, and furnith \ ork with coals, I here is a houfe
cabed Rea hall, becaufe it was the firft brick building
in the.town, and King Charles I. had an apartment in
it, winch is ever fince cabed the Ring^s chamber There
is .mother place called L Oliver hill, on which there was
once a tower ; befides which, there was a caftle which
King Stephen befieged in his march to Scotland.
Here was alfo a park, where are now inclofures.
1 here is a workhoufe here of free ftone, where poor
children are taught to mix wool, and perform other
eafy branches of that manufadture, and a part of it
has been ufed many years as an holpital for the recep¬
tion of the aged poor. Here are three alms houfes,
and two charity fchools of blue coat boys to the
number of 100. In the ceiling of St Peter’s, its on¬
ly parochial church, the delivery of the law to Mofes
is finely painted in frefco by Parmentier. It is a ve¬
nerable tree Hone pile built in the cathedral falhion,
and feems to have been the patch work of leveral ages.
The increafe of building in Leeds in the year 171 j, was
nearly 400 houles. There is a Prelbyterian meeting-
houfe here, eredled in 1691, called the new chapel,
which is the ftatelieft, if not the oldeit, of that deno¬
mination in the north of England : and in the town
and its fuburbs are feveral other meeting-houfes, as is
always obfervable in towns of great trade and manu-
fadlure. It is noted for fome medicinal fprings •, one
of which, called St Perer's, is very cold, and has been
found very beneficial in rheumatifms, rickets, &c.
Here is an hofpital for relief of the poor who had
been honeft and induftrious, endow’ed with Sol. a-
year, befides 10I. a year for a mailer to read prayers
and inftrudf them ; alfo a free fchool. Its markets
are Tuefdays and Saturdays, and the market-laws are
more ftriilly obferved here than anywhere. It has twro
fairs in the year. Leeds, though a large town, fends no
members to parliament.
LEEK. See Allium, Botany Lndex; and for its
culture fee Gardening.
Leek, a town of Staffordfhire in England, 1C5
miles Iron) London. It lies among the barren moor¬
lands, has a manufadhire of buttons, a market on
Wednefday, and feven fairs in the year. In the church¬
yard, at the fouth eaft corner of the chancel, are the
remains of a Danilh crofs, now upright, and 10 feet
high from the ground, beneath which are three fteps.
In Blue-hills in the neighbourhood are coal mines $
and a fait ftream comes from thence, which tinges the
ftones and earth thiough which it runs with a rutty
colour, and, with the infufion of galls, turns as black
as ink. Here are rocks of a moft furprifing height,
without any turf or mould upon them.
LEER, in glafs-making, a lort of third furnace,
intended to anneal and cool by proper degrees the
veffels when made. This properly comprehends two
parts, the tower and leer. The tower is that part
which lies dire&ly above the melting furnace, with a
partition between them of a foot thick, in the midft
w heieof there is a round hole, placed exaflly over the
furnace, through which the flame and heat pafs into
the tow7er : on the floor of this tow'er the veffels are
fet to anneal. There are two openings by which the
veffels are put into this tower j and aftft- Handing there
L E E [ 727 ] LEG
Lees fome time, they are put into iron pans, which by de-
Leetakoo Sie.eS drawn out aI1 along t}iat; Part this furnace,
y— which is properly called the leer; which is five or fix
yards long, that the veffels may cool by degrees. This
leer is continued to its tower and arched all along, and
is about four feet wide, and high within. The glaffes
are cool by tnat time they are come to the mouth of
this, which enters into a room where the glades are
placed are taken out.
LIlES, the grodeil: and mod ponderous parts of li¬
quors, which, being feparated by fermentation, fall to
the bottom. The word comes from the French lie;
and that either from l/mus “ mud,” or from Zyeus
one of the furnames of Sacchus ; or, according to Du
Cange, from la, a corrupt Latin word fignifying the
fame.—The vinegar-makers make a great trade of
the lees of wine dried and made into cakes, after having
fqueezed out the remains of the liquor in preffes.
LEE 1 , or court leet ("le/a vifus franci plcgiil),
is a court of record, ordained for punifhing offences
againft the crown ; and is faid to be the moil ancient
court of the land. It inquires of all offences under
high treafon j but thofe who are to be punifhed with
lofs of life or member, are only inquirable and pre-
fentable here, and to be certified over to the jufiices
of afiize, (Stat. 1. Edw. III.). And this court is called
the view of frank pledge, becaufe the king is to be there
certified by the view' of the iteward, how many people
are within every leet, and have an account of their good
manners and government j and every perfon of the
age of 12 years, who hath remained' there for a year
and a day, may be fworn to be faithful to the king,
and the people are to be kept in peace, &c. A leet
is incident to a hundred, as a court baron to a manor :
for by grant of a hundred, a leet paffeth ; and a hun¬
dred cannot be without a leet.—The ufual method of
puniihment in the court leet, is by fine and amerce¬
ment •, the former affeffed by the fteward, and the lat¬
ter by the jury.
LEETAKOO, a confiderable towm in fouthern A-
frica, fituated in 26° 30' S. Lat. and 270 E. Long. A
river runs through the midll of it, which from the extent
of the channel muff be fometimes of confiderable magni¬
tude. This town, which w'as difcovered by a million from
the Cape of Good Hope in 1801 and 1802, is computed
to be fully of as great extent as Cape Town j buttheexaft
number of the houfes, fays Mr Barrow, could not be
alcertained, owing to the irregularity of the ffreets and
the lownefs of the buildings. It contains, according to
fome, about 10,000 inhabitants of all defcriptions,
while others make them amount to nearly 15,000.
The ground plan of every houfe is a complete circle,
from 1 2 to 15 feet diameter ; the floor confifts of hard
beaten clay, raifed four inches above the furface of the
enclofure. One-fourth of it, commonly facing the call,
is entirely open, the other three-fourths walled up wdth
clay and Hones, to the height of about five feet. The
people depofit their valuable articles in another apart¬
ment defcribed with the fame radius as the former, fuch
as Ikin clothing, ivory ornaments, knives and other ar¬
ticles, wLich to them are of effential fervice. In this
a!fo the elder part of the family take their repofe, and
the children fleep in the half-clofed viranda.
I he whole houfe is covered with a roof in the form
of a tent, fupported by poles built into the wall. • The
roof is thatched with reeds, bound together with lea- Leeward
tnern thongs. I he inhabitants preferve their grain and T ^
pube in large clay vefiels adjacent to the houfe, exhi-:
biting the appearance of large oil jars, and fome of them
containing about 200 gallons.
I he regularity and decorum with which the people
of Leetakoo condufd themfelves, give a very favourable
opinion of them, as being greatly fuperior to lavages,
and evince them to be bordering on a ftate of civiliza¬
tion w'hich it would be no difficult matter to introduce
among them, i hey are friendly, peaceable, and in-
Oiienfive, and appear to live under a government which
may be denominated purely patriarchal, and the chief
of confequence mull be the idol of the people. They
do not appear to have any particular form of religious
w'orlhip, in the common acceptation of that word, yet
they circumcife all male children, and dance in a circle
the whole night of the full moon. They feem alio to
believe that there is a power directing the operations of
nature, who is infinitely fuperior to themfelves, and to
whofe influence they are fubjedt. Barrow's Travels to
Cochin-china. Appendix.
Lerward Ship, a veffel that falls much to leeward
of her courfe, when failing clofe hauled, and confe-
quently lofes much ground.
rlo Leeward, towards that part of the horizon
which lies under the lee, or whither the wind bloweth.
Thus, “ We faw a fleet trader the lee,'1'1 and, “ We faw
a fleet to leeward,’1'1 are fynonymous expreflions.
LEG, in atomy, the whole leffer extremity
from the acetabula of the offa innominata, com¬
monly divided into three parts, viz. the thigh, the
leg properly fo called, and the foot. See Anatomy
N° 60. ’
LEGACY, in Scots Law, a donation by one perlon
to another, to be paid by the giver’s executor after his
death. See Law, N° clxxxi. 3.
LEGATE, a cardinal or bilhop, whom the pope
fends as his ambaffador to fovereign princes. See Am¬
bassador.
There are three kinds of legates, viz. legates d
latere, legates de latere, and legates by office, or legati
nati: of thefe the moft confiderable are the legates d
latere, the next are the legates de latere. See the ar¬
ticle Latere.
Legates by office are thole who have not any parti¬
cular legation given them; but who, by virtue of their
dignity and rank in the church, become legates: fuch
are the archbifliop of Rheims and Arles: but the au¬
thority of thefe legates is much inferior to that of the
legates d latere.
I he power of a legate is fometimes given without
the title. Some of the nuncios are inverted with it.
It was one of the ecclefiaftical privileges of England
from the Norman conqueft, that no foreign legate
Ihould be obtruded upon the Engliffi, unlefs the king
Ihould defire it upon ibme extraordinary emergency,
as when a cafe was too difficult for the Engliih pre¬
lates to determine.
The term legate comes from legatus, which Varro
derives from legere, “ to choofe and others from le¬
go re, delegare, “ to fend, delegate.”
. Court of the Legate, rvas a court obtained by Car¬
dinal Wffilfey of Pope Leo X. fh the ninth year of
Henry VIII. whereip he, as legate of the pope, had
power
Tiers, tec
ll
Legend.
^■<■1—-y -
Prelimi¬
nary expla¬
nations.
LEG [ 728 ] LEG
potver to prove wills, and difpenfe with offences a-
gainft the fpiritual laws, &c. It wns but of fhort con-
j tinuance.
LEGATEE, in Scots Law, the perfon to whom a
legacy is provided.
LEGATIO LIBERA, was a privilege frequently ob¬
tained of the Hate, by fenators of Rome, for going
into any province or country, upon their own private
bufinefs, in the quality of legati or envoys from the fe-
jsate, that the dignity of this nominal office might fe-
cure them a good reception, and have an inffuence
on the management of their concerns. The cities and
towns through w'hich they paffed were obliged to de¬
fray their expences.—This was called libera legatio,
becaufe they might lay afide the office as foon as
they pleafed, and were not encumbered wdth any a£lual
trull.
LEGATUS, a military officer amongft the Ro¬
mans, who commanded as deputy of the commander
in chief. The legati, at their firft inftitution, were not
fo much to command as to advile. They were gene¬
rally chofen by the confuls, with the approbation of
the fenate. As to the number of the legati, vtc have
no certain information, though we may upon good
grounds affign one to every legion. In the abfence of
the conful or proconful, they had the honour to ufe the
fafces.
Under the emperors there were two forts of legati,
confulares and prcetorii. The firft commanded whole
armies, as the emperors lieutenant-generals 5 and the
other had the command of particular legions.
The legati under the proconfuls in the provinces,
ferved for judging inferior caufes, and management of
ffmaller concerns, remitting things of great moment to
the governor or prelident himfelf. This was the ori¬
ginal office of the legati, as was hinted above *, though,
as vcc have feen, they were afterwards admitted to com¬
mand in the army.
LEGEND, any idle or ridiculous ftory told by
the Romanifts concerning their faints, and other
perfons, in order to fupport the credit of their reli-
gi°n-
The legend was originally a book ufed in the old
R~milh churches, containing the leflbns to be read at
divine fervice } hence the lives of the faints and mar¬
tyrs came to be called legends, becaufe chapters were
read out of them at matins, and at the refe&ories of
religious houfes. Among thefe the golden legend,
which is a collection of the lives of the faints, was re¬
ceived in the church with great applaufe, which it
maintained for 200 years ; though it is fo full of ridi¬
culous and romantic ftories, that the Romaniffs thern-
felves are now alhamed of it.
Legend is alio ufed by authors to fignify the words
or letters engraven about the margin, &c. of coins. Thps
the legend of a French crown is, sit nomen domini
benedictvm j that of a moidore, in hoc signo vinces :
on thofe of the laft emperors of Conftantinople, wre find
IESVS CHRIST VS BASILEVS BASILEON, 1HS XRS NIKA,
IESVS CHRIST VS VINCIT.
Legend is alfo applied to the infcription of medals,
which ferves to explain thte figures or devices repre-
fented on them. In ftriffnefs, the legend differs from
the infcription j this laff properly fignifying wmrds
placed on the reverfe of a medal, in lieu of figures.
It feems as if the ancients had intended their medals
fhould ferve both as images and as emblems 5 the for¬
mer for the common people, and the other for perfons
of tafte and parts ; the images to reprefent the faces
of princes 5 emblems their virtues and great actions ;
fo that the legend is to be looked on as the foul of
the medal, and the figures as the body.
Every medal has properly two legends j that on the
front, and that on the reverfe. The firft: generally
ferves only to diftinguilh the perfon by his name,
titles, offices, &c. the latter is intended to exprefs his
noble and virtuous fentiments, his good deeds, and
the advantages the public has reaped by him. This,
howTever, does not hold univerfally 5 for fometimes wTe
find the titles {hared between both fides, and fome¬
times alfo the legend.
In the medals of cities and provinces, as the head
is ufually the genius of the place, or at leaft fome
deity adored there, the legend is the name of the city,
province, or deity, or of both together 5 and the re¬
verfe is- fome fymbol of the city, &c. frequently with¬
out a legend, fometimes with that of one of its ma-
giftrates.
Legends generally commemorate the virtues of
princes, their honour and confecrations, fignal events,
public monuments, deities, vows, privileges, &c.
which are either in Latin or Greek, or a mixture of
both, and are intended to eternize their names, and
the benefits done by them to the empire.
Legend.
LEGERDEMAIN,
OR SLEIGHT OF HAND,
A DENOMINATION given to certain deceptive
performances, which either depend altogether on
dexterity and addrefs, or derive but a fmall degree
of aid from philofopbical principles. Of thefe we {hall
prefent our readers with a feledlion of the beft that
have been either explained in books or publicly exhi¬
bited.
Sect. I. Performances with Cups and Balls.
The following method of exercifing this fimple and
ingenious amufement is that pra&ifed by one Mr
Kopp a German, whofe performances are defervedly
preferred to thofe of former artifts. In this, however,
as in all the other branches belonging to the art
of legerdemain, it is not fufficient that a perfon has
the requiiite dexterity or Height of hand ; it is neceflary
alfo to take off the attention of the fpeftators by fome
entertaining difcourfe; which not only prevents difco-
very, but adds greatly to the amufement of the compa¬
ny 3 for which reafon, fuch difcourfe is inferted in this
article.
To play his part properly, the performer on cups
and
Sea. I.
Perform- and balls ought to provide himfelf with a bag about
Cups'S :2r rhcsW> ^nd from eight to ten in depth. The
Balls
L E G E R D E M A I N.
Plate
ccxc.
infide mult be furnilhed with a number of pockets
for holding the feveral articles, neceffary in the amufe-
ment; and this bag the performer mult hang before
him.
T. he materials neceffary for the performer are,
1. Three white polilhed tin cups, reprefented by
A, B, and C (fig. x.) in the Ihape of a truncated cone
with a double ledge D towards the bafe. This ledge,
which is about half an inch in breadth, ferves to raife
the cups eafily by, admitting alfo the hand to pafs a
fmall cork ball (fee fig. 5.) The upper part E of the
cup ought to be hollowed in the form of a fphere, fuf-
ficient to contain the balls without their appearing
above the upper edge of the cups.
2. It is alfo neceffary to have a fmall rod, called Ja¬
cob sjlaff; which is ufually made of ebony, and neatly
tipt with ivory at botn ends. T his is frequently ufed
for ftriking on the cups ; and being held in the hand
where the balls are alfo kept, it gives the operator an
opportunity of keeping that hand generally fhut, or of
varying its pofition, in order to avoid being difcovered.
The balls are made of cork, blackened by flight burn¬
ing on the outfide.
. rIle dexterity in performing this operation confifts
in artfully fecreting a ball in the right hand, and mak¬
ing it to appear or difappear in the fame hand. The
fecreting it between the fingers is called conjuring the
ba//, at which time the fpedlators are to fuppofe that
it is kept in the other hand, or that it was paffed un¬
der a cup j but if it is made to reappear when held fe-
cretly in the hand, they muft believe that it came out
of the place laft touched by the fingers.
Conjuring the ball is performed by putting it between
the place of the thumb A and the finger B (fig. 2.),
conveying it with the thumb, by rolling it upon the
fingers the length of the line BC, moving the middle
finger D to a diftance, and placing the ball at the junc¬
tion of the fingers C (fig. 3.) j but in this part of the
operation it is neceffary to hold the ball rather tight,
left it fliould fall down and difcover the fecret. In or¬
der to make it appear, we muft bring back the ball
the fame way from C to D; and every time that it is
conjured, or made to difappear, as well as when it is
made to reappear, the palm of the hand ftiould be
turned from the fide of the table on which the operator
is playing.
While this part of the trick is performing, the ope¬
rator muft let the fpedlators know that the ball has
been paffed under a cup, or into another hand ; and in
the firft cafe he makes a motion with the hand ; (as re¬
prefented fig. 4.) indicating that he had thrown it
through the cup ; at which time alfo he conjures it,
approaching the two fingers of the right hand towards’
the left, which laft he holds open, and makes a motion
as if the ball had been placed there, ftiutting the left
hand inftantly. It is alfo to be fuppofed, at every
time when a ball feems to be placed belorv a cup, that
it has been held in the left hand ; and when he raifes
the cup with the right hand as in fig. 5. the left hand
muft be opened, and he refts the ball at that inftant
upon the hollow of the other, Aiding it along the
fingers.
At the time the ball is to be put fecretly under
Vol. XI. Part II. . '
the cup, it fliould lie between t'h6 two fingers of the
right hand (fig. 5.) With this hand he raifes the cup :
and placing it on the table, lets go the ball, which, ac-
coi ing to its pofition in fig. 6. fliould be found near >
the edge of the cup when taken into the hand. If he
would put the baft fecretly between the two cups, it
muu be let go by jerking it towards the bottom of the
cup whjch he holds, and places it very quickly on that
n wh.ch the ball is to be found. When the ball is in
this fituation, if die operator fliould want it to difan-
pear he muft rade the two cups with his right hand,
and draw out haftily that under which the ball is pla¬
ced 5 at the fame inftant lowering with his left hand
the other cup, under which he places it.
In fpeakmg of the tricks which follow', terms are
made ufe of which explain whether what is faid be
eigned or true j of which terms explanations are given,
and numbers adapted to the explanations of the differ¬
ent operations which follow.
.1 I' ToPut the ball under the cup: Really done, with
the fingers of the right or left hand.
II. To put the ball under the cup, or in the hand—
A feigned conjuration ; pretending to fhut it up in the
left hand which is afterwards opened, in order to have
1 uppofed that the ball is under the cup or elfe
where. See fig. 3. F
III. To pafs the ball under the c^.—The ball fuppo-
led to be conjured is to be really introduced.
real ^ ^ ^ ^ between tfie cuPsi is bkewife
V. To make the ball which is between the cups diPab-
^r.— Thns ,s like wife rea!; and performed, as has al¬
ready been defcnbed, by drawing back with much pre¬
cipitation and dexterity the cup on which it is placed
and lowering upon the table that which is above’
foundUnder VVhlCh thC bal1 muft °f conreq^nce be
VI. To take the ball. Real.—It is taken between
two fingers of the right hand, and fhown before conju¬
ration. J
VII- 7b take away the ball from under the cup.
Ihis is done by taking it away in the fight of the foec-
tators. r
• VHi- T° draw the ball. Feigned j or by pretend¬
ing to draw it from the end of the rod, from the cup
or any other place, by bringing into the fingers the’
bail which was fecreted.
. .IX- lo thfow the ball through the cup, is to conjure
it m pretending to throw it.
X. To raife up the cups. This is really done in three
ways; viz either with the right hand, the rod, or
the left hand. . I he firft is when the ball is to be fe-
cretlyinferted in returning the cup to its place. In the
fecond the rod is to be put on the tops of the cups to
turn them over again, fo that the balls may be fhown
which were to be paffed into them. The third is when
the operator intends to fhow that no balls are in the
Cups, or that there are fome.
• ? Lt To. TZ a CUp' ThI* Is really done> by taking
with the r-ght hand that which is to be put over ano-
t er, and introducing at the fame time a ball between
the two.
XII. 7b recover a cup. It is done by taking with
the left hand the cup to be put over or above, without
introducing any thing into it.
4 Z The
7"9
Perform¬
ances with.
Cups and
Balls.
730
Perform¬
ances with
Cups and
Balk.
LEGERDEMAIN. Sed. I.
The Pekformmnces.
i. To put a hall wider each cup, and take it out again.
Having placed on the table the three cups and little
rod, as ihown in fig. I. the performer mult begin his
manoeuvres, by endeavouring to amufe the jpedtators
with fome kind of entertaining difcouife. Nothing can
be more apropos than the origin of the little rod and
cups y and he mult be very alfiduous in this fort of dif-
courfe, to take off the eyes of the fpeftators as much
as poffible. The following may be a fpecimen of the
manner in which he ought to addrefs his audience :
“ There are many perfons who meddle With the play
of the cups and balls, and yet know nothing about
therrt. This is by no means extraordinary : even I
who now play before you, pretend to know but little.
Nay, fome time ago, I was fuch a novice as to think
of playing before a numerous affembly with glafs cups,
in which you may guefs I did not meet with great ap-
plaufe. I do not indeed praftife this method but be¬
fore fuch as are a&ually blind •, neither do I play with
China cups, leil, through awkwardnefs in reigning to
break their handles, I Ihould do fo in reality. ^ Thefe
are the cups w'bich anfwer my pmvofes. Ihey are
made of fuch metal as the alchymifts attributed to
Jupiter and Mars, or, to fpeak more properly and in¬
telligibly, they are made of tin. Behold and examine
thefe cups ( /hawing the cups to the company, and putting
them on the table:) All my fcience, and it is in that in
which it is admirable, confifts in deceiving the eyes,
and palling the balls into the cups without your per¬
ceiving how it is done. I advife you therefore to pay
no attention to my words, but to examine well my
hands, (Jhowing his hands}. If there is in this com¬
pany any perfon who has the misfortune to ule fpedta-
cles, he may retire j but the moft clear fighted will fee
nothing there.
“ Here is the little Jacob’s rod (Jhowing the rod
with the left hand) ; that is to fay, the magazine from
which I take all my balls [taking jeeretly with the other
hand a ball from his hag, which he hides between his fin¬
gers'). There is not one in England fo well furniihed.
Obferve, that the more I take from it the more re¬
main : I draw from it (VIII.) this ball [Jhowing it,
and placing it upon the table, (I.). Obferve that there
is nothing under the cups [Jhowing the infide of the
cups), and that I have no other ball in my hands,
[Jhowing his hands). I take (VI.) this ball: I put it
(II.) under the firft cup. I draw (VIII.) a fecond
ball from my little rod, and I put it under this fecond
cup [aBually done). It is proper here to tell you,
that the generality of thofe who play the cups only
feign to put the balls there ■, but I do not deceive you,
and I actually put them there. /Re raifes the cup B,
and taking the ball which he has put under it into his
right handfingers, fhows it to the company). I return
it (II.) under the fame cup. I take (VIII.) this third,
and put it (II.) in the fame way under this laft cup.
You are about to fay that this is not very extraordi¬
nary, and that you could do it as well yourfelves. I
agree with you} but the difficulty confifts in taking out
thefe balls again through the cups, /finking thefirfi
cup with the rod). I take (VIII.) this firft ball
[Jhowing it). I put it (II.) into my hand, and fend
it to Conftantinople, [he opens the left hand). I take
(VIII.) this [firiking with the rod on the fecond cup). Perform-
I put it (II.) into my hand, and I fend it to the Eaft prices with
Indies, [opening his left hand). I take (VIII.) the
laft and I put it (I.) on the table : Obferve that there ' ■
are no more under any of thefe cups [turning down the
cups with the rod).
2. With the fing/e ball remaining on the table to pafs a
ball through each of the cups, and to take it off from the
Janie. “ I return the cups to their places, and take
(VI.) this ball, and I put it under this firll cup. I
take it back again (VIII.) : obferve that it is not there
now, /raifing (X.) the cup with the left hand). I put
it (II.) under this other cup: 1 take it out again (VIII.)
in the fame manner, [raifing (X.) the cup). I put it
(II.) under the lafi cup, and take it out again (VIII.)
(rafing the lafi cup with the left hand, and placing the
ball on the table).
3. With the Jingle ball remaining on the table, to take
away a ball through two or three cups.—In this per¬
formance the three cups are diftinguithed by A, B, C,
as in fig. 1.
“ I never have any ball fecreted in my hands, as
the greateft part of them, who play the cups and balls
have [Jhowing his hands). I take (VI.) this ball, and
I put it (II.) under this cup B. I cover it (XII.)
with this cup C, and I take again (VIII.) this ball
through the two cups [fhows the ball placing it on the
table, returns afterwards the cup C to its place, ami
raifes (X.) the cup B to /how that there is nothing
there) I take again (VI.) this fame, ball. I put. it
(II.) under the fame cup B : I cover it (XII.) with
the two other cups C and A 5 and I take out (VIII.)
this ball through the three cups [Jhowing it and placing
it on the table).
4. With the Jingle ball remaining on the table, to pafs
the fame ball from cup to cup.—“ I now beg of you to
pay every poffible attention, and you wfill very di-
ftinflly fee this ball pafs from one cup into the other
/putting the cups at a greater diftance from each other).
I take (VI.) this ball, and I put it (II.) under the
cup C : there is nothing under this cup B [raifing it,
introducing the ball and taking the rod in his hand). I
command that wffiich 1 have put under the cup to pafs
under that B. You fee it [moving the end of the rod
from one cup to the other, as if he followed the ball) :
obferve that it is paffed /raifng the cup with his left
hand, and taking the ball with his right, Jhows it to the
company.) I return it (II.) under this cup B j there
is nothing under this A [raifing the cup with his right
hand, and introducing the ball there). I am going to
pafs it under this laft cup A. Look well come near :
/making as if feeing it he would fhow with the end of
the rod the path that it took. You did not lee it pals ?
I am not much furprifed : I did not ieeitmylelf; how¬
ever, here it is under the cup [raifing the cup A, and
placing it on the table.)
5. With the fame ball remaining on the table. The
cups being covered, to pafs a hall from one into the other,
without raifing them up.—I was very right in telling
you, that the moft clear fighted would not fee very
much ; but for your comfort, here is a trick in which
you will fee nothing at all. I take this ball, and put
it (II.) under this cup B. I cover it (XL) with the
twTo other cups [taking one in each hand, and introdu¬
cing the ball upon the cup B) : pay attention, that there
Sea. I. L E G E R
Perforin- is abfolutely nothing in my hands (Jhowing them). I
ances with command this ball to mount up upon the firft cup
C Balls (laki”g "p the two cups, and putting them in their places,
heJhows that it has mounted). I return ('ll.) this ball
under the fame cup B. I cover it as before {covers it
in taking a cup in each hand, and introducing a ball be¬
tween the fecond and third cup). I take (the only ball
with which he plays being under the third cup, he can¬
not Jhow it, but a6ls as if he had taken it out, and puts
it into the fingers of his left hand, which he holds in the
asr, in conduBing the hand from one fide to the other.)
I take the ball, which is under thefe three cups; and I
throw it through the firft cup (feigning to throw it) :
obferve that 1 have not conjured the ball, having
nothing in my hands (fioowing them); it is paffed,
however, (raifing the firfi cup with the left hand, put¬
ting the ball upon the table and the cups tn their
places).
6. With the Jingle ball remaining on the table, to pafs
a ball through the table and two cups.—“ You are un¬
doubtedly lurprifed, that, having but a fingle ball, I
have been able, after having fliown it to you, to pafs it
under this cup without raifing it; but let not that afto-
nifh you : I have fecrets much more wonderful. I con¬
vey, for example, the fteeple of one village into an¬
other : I have fympathetic quadrants, with which a
converfation may be held at 200 leagues diftance : I
have a flying chariot which can condudf me to Rome
in three days. I will Ihow all thefe curiofities as foon
as my machines are entirely completed ; that is to lay,
in a few centuries : but to amufe you till the arrival
of all thefe prodigies, I now continue the entertainment
of the cups and balls. I put (II.) this ball under the
cup A. I take it away again (VIII.) (/bowing it,
and feigning to put it into his left hand fingers). I co¬
ver (XI.) this cup with the two others B and C {intro¬
ducing the ball between thefe two cups, ufing always the
right hand, and feigning fill to hold it in his left), and I
pafs this fame ball through the table and the two cups
{putting the left hand under the table). There it is
palled {raifing the firfi cup).
7. With.-the fame ball. A ball having been put under
a cup, to take it away ayain, and to pafs it between two
others.—“ Here is again a very pretty trick : I take
this ball, and I put it (II.) under this cup A. Ob¬
ferve, that there is nothing under the others (/bowing
them and introducing the ball under the cup C), nor in
my hands: I take this ball, which is under the cup A
(feigning to take it out, and raifing the bottom of the
cup fo that the fpeBators may not attend to his fingers).
I cover this cup C with the two others A and B, and
I throw it (IX.) through thefe two cups (raifing them,
and f lowing that the ball is paffed there).
8. With this fingle ball and a filling ; to pa/s a ball
from one hand into the other.—“ I take this ball; I put
it (II.) into this hand, and I put into the other the
nulling. In which hand do you think the ball is ? or
in which do you think the {hilling may be'” (Whatever
anfiwer the fpeBator makes, the performer fows him that
he is mifiakcn, and that the whole is in the right hand; and
this truth femes as a pretence to take a ball from the bag
in putting the filling back into it.)
I he performer may, however, without breaking the
connexion of thefe operations, difpenfe with this trick,
D E M A I N.
and feign to drop the ball he plays with, which affords Perforr^-
him a pretence for taking another. ai. es w^th
9. With the ball remaining on the table, and that which 1
is fecret/y taken out of the bag ; to pafs under a cup the c—
two balls put under the others.—The operator goes on
with his difcourfe: “ In order to give you ftill fanher
amufement, I take this ball and cut it in two (taking
it in his left hand, and holding the rod with his right;
feigning to cut it, he puts afterwards the rod on the table,
and brings back to his fingers ends the ball which he took
out of the bag). Nothing is fo commodious as to be
able in this manner to multiply the balls. When I am
in want of money, I cut them again and again, until
I may have had five or fix bulhels (placing the two balls
on the table). Obferve that there is nothing under this
cup A. 1 put there (II.) this firit ball : there is
nothing more under the two other cups (introducing
the ball under the cup B). I take this fecond ball, and
I put it (II.) under the cup C: there is now a ball
under thefe two cups A and C. I take away (VIII.)
from this cup C this ball, and I throw" it (IX.) through
the middle cup B : obferve that it is pafled (raifing the
cup B, and introducing there the fecond bah). I com¬
mand this, which is under the other cup A, to pafs
under the fame cup B (raifing this cup, and f owing
that they are both there, and placing them on the table).
10. With the two balls which are upon the table.
Two balls having been put under the fiame cup, to pafs
them under two others.—“ When I was at college, the
tutor told me, it wfas neceflary to know how to do my
exercife in two ways. I have juft now" paffed thefe
two balls into the middle cup 5 I am now to make them
go out; the one is not more difficult for me than the
other. I take therefore thefe two balls, and place them
under this cup B (putting one ball under the cup, and
conjuring the other); obferve that there is nothing un¬
der the cup A, nor under the other C (introducing into
this lafi the ball that he conjured): I command one of
thefe balls, wffiich are under the middle cup, to pafs
under the one or the other of thefe twro cups A and C.
Behold it already gone (raifing the cup B to fow that
there is no more than a fingle ball; and taking, with the
right hand, the ball which is underneath, he Jhows it,
and puts it (II.) under the fame cup B). Let us fee in¬
to w’hich cup it has pafled (raifing immediately the cup
A, and introducing the ball that he took from the cup
B): here it is under this cup C (raifing the cup); I
command the other ball to pafs under this cup A. (he
raifies it, and fows that it pajfed there).” This trick
is frequently done with three balls, but it appears much
more extraordinary with two.
11. With thefe two balls, a third which he fows, and
a fourth fecreted in his hands ; to pafs three 'balls under
the fame cup.—“ All this is but a trifle ; I am going to
ffiow you another trick with three balls (taking out of
the bag a third ball, and placing it on the table, fecreting
at the fame time a fourth in his hand). Obferve that
there is nothing under any of thefe cups (raifing them,
and introducing them under the cup C). I take this firft
ball, and throw it (IX.) through this cup C. Obferve
that it is pafled (raifing (X.) the cup with the right
hand); I take this fecond ball, and throw it (XL)
through the fame cup. There it is paffed {raifing (X.)
again the cup); I take the third, and I make it pafs the
4 Z 2 fame
732
Perform- fame (raffing (X.) the cap, andJljowing that thefe are
antes pajfed under all the three').
Balpn 1 2> Wllh the three balls remaining under the cup, and
u—v—. .< that heldfecretly in the hand; to pafs two balls from one
cup into another, at the choice of a perfon, without touch¬
ing am/ of the cups.—“ Here is another in which I have
never been able to comprehend any thing •, but it will
aftonifh you much (railing the cup C, and taking away
the three balls from their places, he puts them under each
cup, and in raifng the cup C introduces there the fourth
ball which he held fecretly in his hand). I take this ball
(that which is under the cup E), and I put it (II.) un¬
der the fame cup. I take this (the ball from the cup
A), and I place it (I.) under the fame cup (putting
there alfo that which was fecreted in his hand)): I take
this la(l, and I throw it (IX.) through the cup C •, and
to (how that I do not deceive you, behold it palled
(raifng (X.) the cup that has been fixed upon, which
fuppofe to be C, and /bowing that there are two/). I
take again thefe two balls, and put them under the cup
C (putting really but one/): obferve that there is no more
under this cup B (introducing there the ball that he had
jujl taken away, andJhowing that he had no other in his
hand/); I command one of thefe balls, which are under
this cup C, to go and join that wdiich is under this A.
Obferve that it is palled. There ! (raifng the cup C,
and returning the two balls under the fame cup , and raif-
imr C, in order to /bow that there is but a fugle one;
and he places it again under the fame cup : he does not
ra fe the cup B under which a ball remains).
13. IVith the three balls that were placed upon cups,
and that which remains hidden under the middle cup ; to
pafs under the fame cup the balls pul under the others.—
“ I take this ball (that which is upon the cup C), and I
put it (II.) under the fame cup C j and I order it to
pafs into this cup B : there it is palled (m raifng this cup
he introduces a third ball.) I take this third ball, and
put it (II.) under this cup C •, and I command it to
pafs into the cup B along the table, and in the fight
of the fpedlators (taking the rod m his left hand, feigning
to /how the way that it paffed between the two cups).
You did not fee it then ? Here it is (He draws it
(VIII>) from the end of the rod, which appears to Jhow
it). Go quickly (throwing it (IX.) through the cup
B } and Jhowing that they are all three there, and that
there is nothing under the two others; placing afterwards
three of the balls on the table, andferreting the fourth in
his hand.)
15. With the three balls remaining upon the table, and
that which is held fecretly in his hand.—Multiplication
of the balls.
For this trick there mull be a tin vafe (fee fig. 8.),
at the bottom of which there mull be contrived a falfe
bottom A, which will fall down at pleafure j that is to
fay, in reverfing it upon the table, by means of a fmall
trigger placed at the bafe of one of the handles B, in¬
troducing previoully between the falfe .and true bot¬
toms a dozen of balls. The operator goes on with his
difeourfe.
“ If any of the company believe in watches, I
would give my advice that they Ihould believe in them
no longer •, as what I am about to do is much more
furpriling than the feats of any watch.—I put (I.)
thefe three balls under the three cups you lee on the
table ; I take away (VII.) this firif ball (that which is
Sea. I.
under the cup C), and I put it (II.) into this vafe. I Perform-
take this, and I alfo put it (II.) into the vale. I W1A
take away (VII.) this third (that which is under the
cup A), and I throw it (II.) the fame way.” (Every ,_-v—
time that he raifes one of the cups to take away the ball,
he introduces that which always remains fecreted in his
right hand; and this he repeats, confantly taking out one
ball and putting in another, till he has introduced all the
twelve balls; after which he refumes his dijcoiirfe-%)
“ You imagine, perhaps, that I always make ufe of the
fame balls •, but to prove the contrary, here they are,
(inverting the vafe fo as to turn them all out.)
In this trick, if the vafe be well made, the infide
may be Ihown, and it may even be previoully invert¬
ed j in which cafe, it will not be fuppofed that any
balls have been put into it.
X 5. With the three balls remaining under each of the
cups, and that which is hidden in his hand j to pafs one
ball under each of the three cups.
“ I put all thefe balls into my pocket. I take
(VI.) this (the one fecreted in his hand), and I make
it pafs through the table under this firft cup C, (con¬
juring it). I take another from my bag (jhowing the
fame ball). 1 make it pafs in the fame manner through
this B, (conjures it again). I take a third (jhowing
fill the fame), and I make it pafs under this lall cup
A (conjuring it). Here are all the three palled (turn¬
ing over the cups, and in taking them up again introduces
the ball that he has in his hand under the cup \h,andputs
the three balls upon the three cups.
16. With the three balls put upon each cup, and that
which was introduced under the middle cup ; to drawn
two balls through the fame cup.—“ There will be want¬
ed now only two balls.” Here the operator takes
that which is under the cup C, and puts it (II). in¬
to his bag. He takes in the fingers of his right hand
the ball wdiich is on the cup B, Ihowing it •, and wuth
the other covers the cup B, with that palling (IV.)
there the ball which he feigned to put into his bag.
He thea takes the ball which is under the cup A
with the right hand 5 and, Ihowing a ball in each
hand, tells the company that he put them (H.) under
the cup A ; though he aclually puts but one, which
he holds in his left. He then draws one of thefe
balls through the fame cup A, Ihowing it, and pla¬
cing it upon the cup C. He then railes the cup A,
and takes the ball which is under it with his right
hand, adding, “ There remains but one more.” While
pronouncing thefe words, he puts it (II.) under the
cup. “ I take (adds he) the other ball,” raifng
the cup, andflowing that it is there no longer); then, ta¬
king one of the two balls which leemed to remain alone,
he put it (II.) into his bag, faying, “ I return this into
my bag.”
17. With a ball which is hidden under the middle cup,
another hidden under that which covers it, that which re¬
mains in the hand, and a fourth which is upon the table ;
to pafs the fame ballfuccejfvely through the three cups.—
The preceding trick was only on purpofe to prepare
the fpe&ators for this ; as they now' imagine that the
performer played only with one ball. He may now
addrefs them in the following manner :
“ I am now going to make a very pretty trick with
this fingle ball. I forgot to thow it to you at the
beginning : I cover (XI.) thefe cups (putting the cup
LEGE R D E M A I N.
Sea. I.
Perform¬
ances with
Cups and
Balls.
LEGERDEMAIN.
733
A upon C and B). I take (VI.) this ball, and I
throw it (IX.) through the firit cup (ra]i?rg (X.)
the cup A with the right hand'). Fie then (hows that it
is paiTed between C and A ; and, putting it in its
place, he introduces there that which he has in his
hand. “ I take (fays he) (VI.) this fame ball, and
1 throw it through the other cup C and while he
fays fo, he raifes (X.) the cup C, fhowing that it has
paiTed, introducing there that which he has in his hand,
and putting it in the place of the former. “ I take
again (continues he) (VI.) this fame ball, and I throw
it (IX.) through that halt cup B,” (graijing (IX.) the
cup B). During which time he takes away the ball
from under it with his left hand, then places it on the
table, and returns the cup to its place, introducing there
the ball which he has in his left hand.
i 8. With the three balls which are under the caps, that
which is on the table, and two which he takes from
the bag; to pafs under a cup the balls put under the tv.w
others without raifing thefe laf.—The performer may
proceed in his diicourfe in the following manner :
“ Let us now return to the order of the entertain¬
ment which I have interrupted, and continue to play
with three balls.” Fie now takes two balls from his
bag, by which means he in fa£t plays with fix balls,
though he pretends to play only with three, Thele
two balls, together with that which remains on the
table, he puts on the top of each cup. “ I take
(fays he) (VI.) this ball, {that which is on the cup C).
I throw it (IX.) through that cup : there it is pair¬
ed.” He now raifes (X.) the cup, fhows it; and
thus has an opportunity of introducing the ball which
he has in his hand. “ I take (VI.) this {the ball which
is under the cup B), and throw it (IX.) through the cup
B.” At this he raifes the cup with his left hand,
Ihowing that it has palled, and covering it again. “ I
take again (VIII.) this ball from the fame cup, and
throw it (IX.) through that C: obferve that it is paf-
fed.” Then, raifing up (X.) the cup C, fhowing that
there are then two there, he introduces other two
which he had in his hand. “ I take (fays he) (IV.)
this ball {that which is under the cup A), and I throw
it (IX.) through the fame cup A. There! it is paf-
fed,” {raifing the cup C; after which he fhows the three
balls, and introduces there that which w7as in his hand,
putting the three balls upon the table.
19. With the three balls which remain under the cups,
and the three others which remain upon the table ; to pafs
feparately the three balls through each cup. In this
manoeuvre the performer puts again the three balls
which are upon the table upon the top of each cup.
He takes that which is on the cup C, and throws it
(IX.) through the fame cup; and w’hile he announ¬
ces this to the company, he raifes (X.) the cup : tak¬
ing away (VIII.) the ball, fhowung that it has paffed,
introducing there that which was in his hand, and
putting the fame ball upon the fame cup. He then
takes that which is upon the cup B, and throws it
(IX.) through the fame cup ; Ihows that it is palled,
takes it away (VII.) and introduces the ball that
was in his hand under this cup, putting it in like
manner on rhe cap. Then he takes the ball which is
on the cup A, and throws it (IX.) through the fame
cup A. As he announces its paflage he raifes the cup,
taking away (Vil.) and fhowing the ball; introdu¬
cing in the fame manner that which was in his hand ; Perform-
putting this firft at the top of the cup A, and then
fhows that it is not in his hand, and that he has but
three balls. v——>
20. With the three balls remaining upon the tabic, and
thofe which are under each cup. Having put the balls
into the bag, to make them return under the cups.—I
take thefe three balls, and I return them into my bag,
{keeping one in his hand). Behold to what all is redu¬
ced that I had to fhow you for your amufement. I
did know fome more very pretty tricks, but I have
forgot them. (Pretending to mufe for a moment): Ah!
I ftiil remember two or three very pleafing ones.
Come, my little balls ! Return under the cups, {turn¬
ing over the cups.) See how nimble they are, and obe¬
dient at the fame time ;” {covering them again with the
hups.)
21. With the three balls which are under the cups,
and tliat in his hand; to pafs the balls through the txvo
cups.—Here the operator begins with taking away
(VII.) the ball which is under the cup C ; he covers-
it with the cup B ; and pafl'es (III.) the other ball
which he has in his right hand between the two cups.
Fie then takes (VI.) the ball which he had in his left
hand, and throws it (IX.) between the two cups B and
C. In announcing its paffage he raifes the cup (X.),
fhows that it is paiTed, and introduces the ball in his-
hand. Fie their takes the ball under the cup B, and
throws it (IX.) through the two cups C and B An¬
nouncing to the company its palfage, he raifes (X.)
the cup, and Ihows that there are two balls, introdu¬
cing (III.) at the fame time the third. He then takes
the laft ball, viz. that which is under the cup A, co¬
vers again with the left hand the two cups B and C,
and throws (IX.) the third ball through thefe two
cups. He then announces their paffage, raifes the two
cups, and Ihows the three balls, covering again the cup
C with the two others.
2 2. With the three balls which are upon the cup C,
and the one in his hand; to take out the three through'
two cups.—“ I take (fays the performer) (VIII.) the
firft ball, and put it (II.) into my bag. I take
(VIII.) in the fame manner the fecond, and I put
it alfo into my bag. I take (VIII.) the third, and
I put it into my bag, (putting in really that which he
had in his hand.) While he defires the fpeftators to
obferve that there are no more in the cups, he raifes
the cup A with the left hand, and, putting it in its
place, raifes with the right hand the cup C. In fup-
porting it with the cup B, he puts it down quickly,
and a little on the fide of B, and at the fame time
places C on the table, under which will be found the
three balls, which had not time to feparate.
23. With the three balls remaining under the middle cup,
and three others taken out of the bag; to pafs, in one
a&ion, three balls through a cup.—This trick is be¬
gun by the performer taking three balls from his bag,
and putting them on the top of the cup B, which he
covers with the cup A. Ordering them to difappear
and to pafs under the cup C, he takes away very fud-
denly with the left hand the cup B, as is done in the
preceding trick, leaving in the middle of the play the
cup C, under which the balls are found. Taking them
then away, and replacing them on the fame cup, he
makes them return again in the fame manner under the
CUF
734 LEGE R D
Perform- cup C. At laft lie takes tire three balls, and putting
'and t^era ’n pretends to pafs them through the
Balls. ta^^e U1‘der the cup where the others were. He then
returns two or three of thefe laft balls into his bag,
and takes two white balls, which he puts upon the
table.
24. With the black ball remaining on the table, two
other white balls, and a black , ne which he holds fecret-
ly m his hand; to pafs three balls from one cup into an¬
other.
N. B. To make the balls white, they are r-ubbed
with a little chaik inflead of being blackened with the
candle.
“ Let us now ('fays the operator) have a trick to
prove that I do not conjure the balls. There is nothing
under this cup C, {introducing the black ball that was in
his hand'). There is no great thing under this B. I
place there thefe three balls, {the three which are
upon the table, of which he conjures the white one.)
There is nothing more u der this third cup A, (intro¬
ducing there the white ballj. I order one of thefe two
white balls which are under the cup B, to pafs under
this A.” With thefe words he raifes the cup B •, and
taking the white ball in the fingers of his left hand,
and the black one in thofe of the right, he ihows them,
faying, “ Obferve that there is but one white one.
I put again thefe two balls under the cup B.”
While fpeaking thus he puts the wdiite one under the
cup, and conjures the other, while feigning to put it
in with that of the left hand. He then announces its
paffage j and while he does fo, raifes the cup A,
and introduces the black ball. Commanding then the
black ball to pafs under the cup A, he raifes the cup
B, takes in his right hand fingers the ball which is
there, and fhows it. “ I put it again (fays he) (II.)
under this cup {conjuring it) •, and I (how you that it
is paflfed under this A, (introducing there the white ball.)
I order at laft the white ball, which is under this cup
B, to pafs into this A.” While telling the company
that it is pa{Ted, he raifes the cup A, and puts the
three balls upon each cup, the black one upon the
middle.
25. With the three balls put at the top of the cups, and
that which has been inferted under one of them in the pre¬
ceding trick ; to change the colour of the balls. The ope¬
rator goes on with his difeourfe : “ If there is any one
Tiere who knowrs how to play the cups and balls, he
will do well to oblerve, that it is not poflible to do
this trick by the common method, and with three
balls only. However I have no more, (Jhowing his
hands'). I take this white ball (that which is upon the
cup C), and I throw it (IX.) through this cup {the
fame under which he left a black ball in the preceding
trick. I take this black ball {with the left hand
fingers); there is nothing under this cup B, (intro¬
ducing there the white ball). I throw it (IX.) through
this cup B, (taking again the ball in his right hand fin¬
gers). I take this other white ball, {with his left hand
fingers). There is nothing under this cup A, {intro¬
ducing the black ball): I throw it (IX.) through the
cup A, {taking it again into his right hand fingers
to conjure it). Obferve that they have all changed
their colour,” {covering each of them with their cups).
26. With the three balls which are left under the cups,
two white balls, and a black one that he took trick by trick
2
K M A I N. Sea. II.
from his bag ; to change the fixes of the balls.—In per- Perform-
forming this trick the operator takes away the w ite anceswith
ball which is under the cup C with his left hands fin t''!e Cards.^
geis, and, railing the cup with his right, introducesv ~r^v
there a white ball which he took out of his bag. The
white ball which he introduces is kept in his hand with
the fourth and little finger •, and he raifes the cup in
the fame manner as when he introduces the balls.
In turning over the cup afterwards, he advances his
hand to introduce this ball. Thefe balls fnould be fill¬
ed with horfe hair or paper, fo that they may be very
light, and make no noife. The operator then tells his
company, that he makes the ball pafs through the
table under the fame cup ; and while he fpeaks' thus,
he takes the ball again in his right hand, and while
putting his hand under the table, he takes a black ball
out of the bag. He then takes away the ball from
the cup B, introducing the black one in its ftead.
He then tells the fpe&ators, that he makes it repafs
through the table ; and, while he tells them fo, he takes
a white ball j then, while taking away that which is
under the cup A, he introduces that ball, makin,, it
repafs in the fame manner through the table, and at
laft (hows them to the company, and covers them with
their cups.
27. With the three balls which are under the cups, two
other black balls, and a white one that was taken trick by
trick from his bag-, to pafs the balls from one cup into
another.—“ Obferve well (fays the operatoi), that there
are two white balls under thefe two cups A and C,
and a black one under this {raifing the cups). I cover
again thefe three balls {covering each of them with a
cup.) I make to pafs out through the table the white
ball which is under the cup C.” Here he takes a white
ball from his bag 5 and in order not to fail, the black
and white balls (hould be in feparate pockets. Having
taken out the ball, he puts the firft into his bag, tell¬
ing the company that there is now nothing under the
cup C ; and while he fays fo, he raifes it, holding the
ball with his little finger, proceeding in his difeourfe
as follows : “ I take away this ball (that which is under
the cup A), and I pafs it through the table under the
cup C {taking a black ball from his bag.”) While
the paffage of this ball is announced, he raifes the cup
C to take it away and ftiowj it; introducing there
this black ball, “ I put again (fays he) this other
white ball into my bag, and I command the black
one which is under the cup B to pafs under this. It
is no longer under this cun and while he fays fo,
he raifes the cup B, in fup rting with his little fin¬
ger the ball which remains there. Announcing its
paffage, he raifes the cup C and (hows the ball j taking
it afterwards into the left hand, throws it into the air;
returning it into his right hand, and feigning to throw
it into the air a fecond time, he lets it fall into his
bag ; cafting his eyes upwards and downwards as if
he faw it fall upon the cup B : he raifes this cup, and
(hows it to the fpe&ators, as the former, paffed through
the cup.
SECT. II. Performances with the Cards.
Previous to the performances with cards, it will be
neceffary to explain the method of making the pafs $
that is, bringing a certain number of cards from ttre
bottom
S A IT. L E G E R D
Perform- bottom of the pack, to the top •, as many of thefe per-
ances with formances depend on that manoeuvre.
, t‘ie It fjold the pack of cards in your right hand, fo that
Of making the palm of your hand may be under the cards : place
the pals. ° the thumb of that hand on one 11 de of the pack, the
firft, fecond, and third fingers on the other fide, and
your little finger between thofe cards that are to be
brought to the top and the reit of the pack. Then
place your lelt hand over the cards, in fuch a manner
p;ate that the thumb may be at C (fig. 20, 21.), the fore
CCXCI. finger at A, and' the other fingers at B.
The hands and the two paits of the cards being thus
difpofed, you draw off the low^er cards confined by
the little finger and the other parts of the right hand,
and place them, with an imperceptible motion, on the
top of the pack.
It is quite neceflary, before you attempt any of the
experiments that depend on making the pafs, that you
can perform it fo dexterouily that the eye cannot di-
ftinguilh the motion of your hand ; otherwife, ihftead
of deceiving others, you will expofe yourfelf. It is
alfo proper that the cards make no noife, as that will
occalion fufpicion. This dexterity is not to be attained
wdthout fome practice.
There is a method of preparing a pack of cards by
inferting one or more that are a fmall matter longer or
wider than the reft 5 which preparation will be necef-
fary in feveral of the following experiments.
The card of 2. Have a pack in which there is a long card 5 open
divination. ^ pac|^ at that part where the long card is, and pre-
fent the pack to a perfon in fuch a manner that he will
naturally draw that card. He is then to put it into
any part of the pack, and fhuffle the cards. You take
the pack, and offer the fame card in like manner to a
fecond or third perfon j obferving, however, that they
do not ftand near enough to fee the card each other
draws. You then draw feveral cards yourfelf, among
which is the long card, and alk each of the parties if
his card be among thefe cards, and he wall naturally
fay Yes, as they have all drawm the fame card. You
then ihufiie all the cards together, and cutting them at
the long card, you hold it before the firft perfon, fo
that the others may not fee it, and tell him that is his
card. You then put it again into the pack, and iliuf-
fling them a fecond time, you cut again at the fame
card, and hold it in like manner to the fecond perfon,
and fo of the reft (a).
If the firft perlon ftiould not draw7 the long card,
each of the parties muft draw different cards j when
cutting the pack at a long card, you put thofe they
have drawn over it ; and feeming to (huffle the cards
indifcriminately, you cut them again at the long card
and Ihow one of them his card. You then Ihuffle and
cut again, in the fame manner, and Ihow another per¬
fon his card, and fo on : remembering, that the card
drawn by the laft perfon isfthe firft: next the long card,
and fo of the others.
This experiment may be performed wdthout the long
E M A I N. 735
card, in the following manner. Let a perfon draw Perform-
any card whatever, and replace it in the pack: you a”ce^w^th
then make the pafs, and bring the card to the top of, ^ 'v 11
the pack, and Ihuffle them without lofing fight of that
card. You then offer that card to a fecond perfon,
that he may draw it, and put it in the middle of the
pack. You make the pafs and ftwffle the cards a fe¬
cond time in the fame manner, and offer the card to a
third perion, and fo again to a fourth or fifth, as is
more fully explained further on.
3. You let a perfon draw7 any four cards from the The four
pack, and tell him to think on one of them. When heconfedera-
returns you the four cards, you dexteroufly place two te(^carc^-
of them under the pack and two on the top. Under
thofe at the bottom you place four cards of any fort;
and then, taking eight or ten from the bottom cards
you fpread them on the table, and alk the perfon if the
card he fixed on be among them. If he fay No, you
are fure it is one of the two cards on the top. You
then pafs thofe two cards to the bottom, and drawing
eft the loweft of them, you alk him if that is not his
card. If he again fay No, you take that card up, and
bid him draw his from the bottom of the pack.
If the perfon fay his card is among thole he firft
drew from the bottom, you muft dexteroufly take up
the four cards that you put under them, and, placing
thole on the top, let the other two be at the bottom
cards of the pack, which you are to draw in the man¬
ner before deferibed.
4. After a card has been drawTn, you place it under Divination
the long card, and by ftiuffling them dexteroufly you by d16
bring it to the top of the pack. Then lay or throw the^wor^*
pack on the ground, obferving where the top card lies.
A handkerchief is then bound over your eyes, in fuch
a manner however that you can fee the ground, which
may be ealily done. A fword is then put into your
hand, with which you touch feveral of the cards, feem-
ingly in great doubt but never loling fight of the top
card, in which at laft you fix the point of the fword,
and prefent it to him who drew it. Twro or three
cards may be difeovered in the fame manner, that is,
by placing them under the long card, and then bring¬
ing them to the top of the pack.
5. You muft have in the pack tw7o cards of the fame The tranfv-
fort, fuppofe the'king of fpades. One of thefe is to be mutable
placed next the bottom card, which may be the fevencank'
of hearts, or any other card. The other is to be pla¬
ced at top. You then Ihuffle the cards without dif-
placing thofe three cards, and Ihow a perfon that the
bottom card is the feven of hearts. Then draw ing that
card privately afide with your finger, which you have
wetted for that purpofe, you take the king of fpades
from the bottom, which the perfon fuppofes to be the
feven of hearts, and lay it on the table, telling him to
cover it with his hand. You then Ihuffle the cards
again, without difplacing the firft and laft card, and
palling the other king of fpades at the top to the bot¬
tom, you Ihow7 it to another perfon. You then draw
that
(a) There is frequently exhibited another experiment, fimilar to this, which is by making a perfon draw the
long card ; then giving him the pack, you tell him to place his card wdrere he pleafes and Ihuffle them, and
you will then name his card or cut the pack where it is. You may alfo tell him to put the pack in his pocket,
and you will draw the card j which you may cafily do by the touch.
r
The in-
compre-
lienfible
tranfpo-
■fition.
73S L E G E R D
Perform- that privately away; and taking the bottom card,
ances v-ith xviil then be the feven of hearts, you lay that on
l. “J', the table, and tell the fecond perfon, who believes it to
be the king of fpades, to cover it with his hand.
You then command the feven of hearts, which is
fuppofed to be under the hand of the fir ft perfon, to
change into the king of fpades •, and the king of fpades,
which is fuppofed to be under the hand of the fecond
perfon, to change into the feven of hearts ; and when
the two parties take their hands off, and turn up the
cards, they will fee to their no finall aftoniihment, af¬
ter having fo carefully obferved the bottom cards, that
your commands are punttually obeyed.
6. Take a card, the fame as your long card, and
rolling it up very clofe, put it in an egg, by making
a hole as fmall as poflible, and which you are to fill
up carefully with w’hite wax. You then offer the long
card to be drawn 5 and when it is replaced in the pack,
you fhuffle the cards feveral times, giving the egg to
the perfon who drew the card, and, while he is break-
ing it, you privately withdraw the long card, that it
may appear, upon examining the cards, to have gone
from the pack into the egg. The experiment may be
rendered more furprifing by having feveral eggs, in
each of which is placed a card of the fame fort, and
then giving the perfon the liberty to choofe which egg
he thinks fit.
This deception may be ftill further diverfified, by
having, as moft public performers have, a confederate,
who is previoufly to knowT the egg in which the card
is placed ; for you may then break the other eggs, and
fhow that the only one that contains a card is that in
W'hich you dire&ed it to be.
7. Divide a piquet pack of cards into two parts by
a long card. Let the firft part contain a quint to a
twoperfons K*ng in clubs and fpades, the four eights, the ten of
have drawn, diamonds, and ten of hearts-, and let the other part
contain the two quart majors in hearts and diamonds,
the four fevens, and the four nines (b).
Then fhuffle the cards, but obferve not to difplace
any of thofe cards of the laft part which are under the
long card. You then cut at that card, and leave the
pack in two parts. Next, prefent the firft of thofe
parts to a perfon, and tell him to draw two or three
cards, and place the remainder on the table. You
prefent the fecond parcel in like manner to another.
Then having dexteroufly placed the cards drawn by
the firft perfon in the fecond parcel, and thofe drawn
by the fecond perfon in the firft: parcel, you fhuffle the
cards, obferving to difplace none but the upper cards.
Then fpreading the cards on the table, you name thofe
To name
feveral
cards that
The two
convertable
aces.
that each perfon drew j which you will very eafily
do, by obferving the cards that are changed in each
parcel.
8. On the ace of fpades fix, with foap, a heart, and
on the ace of hearts, a fpade, in fuch a manner that
they wall eafily flip off.
Show'thefe two aces to the company; then taking
the ace of fpades, you defire a perfon to put his foot
upon it, and as you place it on the ground, draw
away the fpade. In like manner you place the feem-
E M A I N. Se<3. II.
ing ace of hearts under the foot of another perfon. Perform-
You then command the two cards to change their ances with
places; 'and that they obey your command, the two ,t!l'
perfons, on taking up their cards, will have ocular
demonftration. A deception fimilar to this is fome-
times praftifed with one card, fuppofe the ace of
fpades, over which a heart is placed fiightly. After
ftiowing a perfon the card, you let him hold one end
of it, and you hold the other, and while you amufe
him with difcourfe, you Aide off the heart. Then
laying the card on the table, you bid him cover it with
his hand. You then knock under the table and com¬
mand the heart to turn into the ace of fpades. By de¬
ceptions like thefe, people of little experience and
much conceit are frequently deprived of their money,
and rendered ridiculous.
9. You muft be prepared with two cards, flke^6
thofe reprefented by fig. 22. and with a common ace vK>ufanc*
and a five of diamonds.
The five of diamonds and the twTo prepared cards
are to be difpofed as in fig. 23. and holding them in
your hand, you fay, “ A certain Frenchman left
15,000 livres, w7hich are reprefented by thefe three
cards, to his three fons. The two youngeft agreed to
leave their 5000, each of them, in the hands of the
elder, that he might improve it.” While you are
telling this ftory, you lay the 5 on the table, and put
the ace in its place, and at the fame time artfully
change the pofition of the other two cards, that the
three cards may appear as in fig. 24. You then re¬
fume your difcourfe, “ The eldeft brother, inftead of
improving the money, loft it all by gaming, except
3000 livres, as you here fee.” You then lay the ace
on the table, and, taking up the 5, continue your
ftory : “ The eldeft, forry for having loft the money,
w'ent to the Eaft Indies with thefe 3000, and brought
back 15,000.” You then ftiow the cards in the fame
pofition as at firft, in fig. 22.
To render this deception agreeable, it muft be per¬
formed with dexterity, and fhould not be repeated,
but the cards immediately put in the pocket; and
you ftiould have five common cards in your pocket,
ready to fhow, if any one ftrould defire to fee them.
10. Take a parcel of cards, fuppofe 40, among To tell the
which infert two long cards: let the firft be, for ex-number of
ample, the 15th, and the other the 26th, from the^^ty^
top. Seem to fhuffle the cards, and then cutting them
at the firft long card, poife thofe you have cut off in
your hand, and fay, “ there fhould be here 15 cards.”
Cut them again at the fecond long card, and fay,
There are here only 11 cards.” Then poifing the re¬
mainder, you fay, “ here are 14 cards.”
I 1. Several different cards being Jhown to different To name
perfons, that each of them may fix on one of thofe cards
to name that on which each perfon has fixed.—There ^
muft be as many different cards fliown to each perfon asferent per-
there are perfons to choofe: therefore, fuppofe there tons have
are three perfons, then to each of them you muft fhowfixec*-
three cards ; and telling the firft: perfon to retain one
in his memory, you lay thofe three cards down, and
fhow three others to the fecond perfon, and fo to the
third.
(b) The cards may be divided in any other manner that is eafy to be remembered.
Sect. II.
Perform- third. You ‘then take up the firft perfon’s cards, and
ances with jay t|iein down one by one, feparately, with their faces
.the Cards. UpWart}. You next place the fecond perfon’s card
v over the firft, and in like manner the third perfon’s
card over the fecond’s j fo that in each parcel there will
be one card belonging to each perfon. You then afk
each of th&m in which parcel his card is ; and when
you know that, you immediately know which cafd it
is ; for the firft perfon’s card will always be the firft,
the fecond perfon’s the fecond, and the third perfon’s
the third, in that parcel where they each fay his card
is.
This experiment may be performed with a fingle per¬
fon, by letting him fix on three, four, or more cards.
In this cafe you muft ftiow* him as many parcels as he
is to choofe cards, and every parcel muft conlift of
that number, out of which- he muft fix on one 5 and
you then proceed as before, he telling you the parcel
that contains each of the cards.
'lire magic 12- Make a ring large enough to go on the fecond
ring. or third finger (fig. 15O which let there be let a
large tranfparent ftone, to the bottom of which muft
be fixed a fmall piece of black filk, that may be
either drawn afide or expanded by turning the ftone
round. Under the filk is to be the figure of a ffiiall
card.
Then make a perfon draw the fame fort of card as
that at the bottom of the ring, and tell him to burn it
in the candle. Having firft fttown him the ring, you
take part of the burnt card, and reducing it to powder,
you rub the ftone with it, and at the fame time turn it
artfully about, fo that the fmall card at bottom may
come in view.
The magic 13. To change one card into another.—Provide a ma-
tea caddy, hogany tea caddy about four or five inches deep, and
long enough to admit a common-fized playing card :
CCXC (fee hg- 9-) This caddy muft be furniftied with a
moving falfe bottom B, moveable upon hinges on the
infide edge of the front A. This bottom may be
made of brafs, tin, or lead ; and the falfe bottom muft
be fo exaftly fitted, that it cannot, from, a (light view,
be diftinguilhed from the other. The infide of both
caddy and falfe bottom ought to be lined with black
or other dark-coloured cloth or velvet, fo that it may
not make any noife in falling down. It would be pro¬
per that the falfe bottom ftiould rife with a fpring to¬
wards the front, and it muft be kept tight with a brafs
fpring catch (<z, fig. 10.) fcrewed to the left fide of
the box near the top, and which is hid by the cloth
covering. The end of this fpring proje&s a little into
the front. It is driven back, to let go the falfe bottom,
by means of a fmall bent wire bb let into the front of
the caddy ; and this pin is moved by the bolt c, which,
when the box i< locked, (hoots out againft it, by rea-
fon of the fpring being driven in ; by which means
the bottom fprings down, and covers the card placed in
the box.
Before you attempt to (how? any trick with this cad¬
dy, a card muft be placed, in the infide between the
front A and the falfe bottom B, fpringing up the bot¬
tom afterwards againll the front ; after which it is
ready for tde, and (hown openly to the company wdth-
out any danger of a difeovery.
Two perfons may norv be defired to draw- two dif-
• jfcrent cards from a pack, one of which muft be the
Vol.XI. Part II.
73/
fame with the one concealed in the caddy\ Taking Perform-
this card from the perfon who drew it, you put it in
the pack, pretend to (baffle it, but keep the card ei- ■ ‘^ '<
ther uppermoft or undermoft, fo that you can eafily
find it afterwards. Defiring then the other perfen to
come forward and put his card very attentively into
the caddy, you in the mean time fecretly convey away
from the pack the card drawn by the other; then,
giving him the key, you defire the caddy to be locked
up. After fome pretended conjurations, defire him to
unlock it again and take out the card $ which he will
find not to be his, but that drawn by his neighbour :
his card being apparently vanilhed from the caddy, as
the other is from the pack.
14. Provide twTo pieces of pafteboard A and B (fig. The two
11.) of equal dimenfions, 34 inches long and three m^£lc Port"
broad. Place thefe befide one another, as drown in^10S'
the figure. Take then a very fmooth filk ribbon, and
put a band of it from C to E towards the edge of the
pafteboard A, and another from D to F in fuch a man¬
ner as to come beyond the pafteboard, and to admit of
being folded over at the two ends. This muft be glued
on the back of the board A at the places C and D,
and at the back of the board B at the places E and F.
Place two other bands in a fimilar manner on the
pafteboard B, turning them over on the back of the
fame board at the places I and L, and at the back of A
at the places G and H. Thefe twro bands fhould fall
in the infide of the pafteboard, according to the breadth
of the ribbons. The two pafteboards being now placed
the one upon the other, will form a kind of port-folio,
one of the (ides of which wall always be hinged when
the other is opened. Four fmall bands of the fame
ribbon are to be put at the four extremities of the
fides MNQR of the two pieces of pafteboard j obferv-
ing that they pafs below the bands already placed.
Glue their ends in the fame manner as their ends at
the back of the boards, ornamenting alfo the two fides
O and P of the pafteboard B with pieces of the fame
ribbon 5 but thefe fix laft bands are of no ufe in the
performance.
Two pieces of paper folded like the cover of a letter
muft now7 be provided, large enough to cover the twm
ribbons GI and PIL, as well as the fpace contained
within them. Glue one of thefe upon the two rib¬
bons, and apply the other below this 9 fo that the up¬
permoft of thefe two wmappers may fall exadlly over
the other, enclofing and hiding the tw7o ribbons en¬
tirely. A fecond port-folio fimilarly conftrudled is
now to be provided, and both of them covered with
coloured paper from the fides where the ribbons are
glued and folded.—The deceptions with thefe port¬
folios are as follows :
I. Two cards, chofen at random, having been [hut up
in twofeparate places ; to make them pafs reciprocally from
the one into the other.—The port-folios being conftrudl-
ed in the manner above deferibed ; if ymu open one of
them either on the one fide or on the other, one of
the paper wrappers will always be vifible \ and thus it
will naturally be fuppofed that there is no more but
one. Having then fecretly enclofed a card in each of
the wrappers of the port-folics, procure a pack of
cards that has but two forts, and caufe two perfons
fairly draw two cards fimilar to the firft. Prefent then
a port-folio, open, to the firft perfon who drew a card
5 A fimilai1
LEGERDEMAIN.
*L E G E R D
fiinilar to tliat which was' placed in the fecond, defiring
him to place it in the wrapper which he finds vacant,
l ake back then the port-folio; and, in placing it on
the table, artfully turn it over : having placeddikewife
in the vacant wrapper of the fecond port-folio the card
drawn by the fecond perfon ; and putting it in the
lame way Upon the table, command the cards recipro¬
cally to pals from the one port-folio into the other ;
and open them lo that each of the perfons may take
out the card which the other inferted.
2. A card being [hut up in the port-folio ; to niahe it
■return into the pack.—To perform this, procure a pack
which has two cards of the fame kind. One of thefe
is to be openly drawn, and the perfon who has done
i<) mult be told to fliut it up under the wrapper of one
of the port-folios ; and inform him that you will make
it return into the pack. Give him the port-folio to blow
upon ; and on opening it, prefent him with the empty
wrapper, to fliow him that his card is not there ; after
which, prefenting him with the pack, he will find there
the other card, which he will naturally imagine to be
the one he put. into the wrapper.
3. To make an anfwer appear to a queflion fecretly
written. Tranfcribe on different cards a certain num¬
ber of queflious, and on others the fame queltions with
their anfwers; taking care to have the handwriting as
much alike as pollible, fo that no difference can eafily
be perceived. The fame caution muff be obferved with
icgard to the cards themfelves; which, for that reafon,
ought to be plain ones. Having written with a pen¬
cil at the bottom of the firft queifions their correfpond-
ing anfwers, fliut up one of them fecretly in the port-
iolio ; and prefenting them to any perfon, let him
draw as by chance that which is fimilar to the one thus
fhut up. Make him then place in the other wrapper
the queftion which he had drawn ; and telling him that
you are about to write an anfwer even through the
port-folio, take a glafs, and pretend to read in it the
anfwer to the queftion. Open it afterwards, fo that he
may take out the other card himfelf, and he will ima¬
gine it to be the one he feledled.
In performing this trick, it will be proper to have a
port-folio of the fame kind with the two deferibed,
which opens only at one fide, and which confequently
lias but one wrapper. This muff be fliown to fuch as
feem to be too inquifitive, and will be of ufe to pre¬
vent them from entertaining any idea that the folio
opens upon both fides. The former muff therefore be
immediately put into the pocket, in order to give an
opportunity of drawing out the other in cafe the port¬
folio fliould be afked for.
Tlie card in 15. Provide a mirror, either round, as A (fig. 18.),
t!ieT^lirror- or oval, the frame of which muft be at leaft as wide as
a card. The glafs in the middle muft be made to
move in the two groves CD and EF, and fo much
of the quickfilver muff be feraped off as is equal to
the fize of a common card. You will obferve that
Plate
CCXCI.
E M A 1 N. Sed. If.
the glafs muft likewife be wider than the difiance be- Perform-
tween the frame by at leaft the width of a card. anceswith
Then pafte over the part where the quickfilver is the
rubbed oft a piece of pafteboard, on which is a card
that muft exailiy fit the fpace, which muff at firft be
placed behind the frame.
This mirror muft be placed againft a partition,
through which is to go two ilrings, by which an al-
fiilant in the adjoining room can eafily move the glafs
in the grooves, and confequently make the card-ap-
pear or difappear at pleafure (c).
Matters being thus prepared, you contrive to make
a perfon draw the fame fort of card with that fixed
to the mirror, and place it in the middle of the pack:
you then make the pals, and bring it to the bottom j
you then direft the perfon to look for his card in the
mirror, when the confederate behind the partition is
to draw it flovvly forward, and it will appear as if pla¬
ced between the glafs and the quickfilver. While the
glafs is drawing forward, you Hide off the card from
the bottom of the pack, and convey it away,
'The card fixed to the mirror may eafily be changed
each time the experiment is performed. This experi¬
ment may alfo be made with a print that has a glafs
before it and a frame of fufficient width, by making a
flit in the frame through which the card is to pafs;
but the effedl will not be fo firiking as in the mirror.
16. Place a vale of wood or pafteboard AB ffig. 19.) The maf-
on a bracket L, fixed to the partition M. Let the vellous
infide of this vafe be divided into five parts, c, d, e,fg ; va^-
and let the divifions c and d be wide enough to ad¬
mit a pack of cards, and thofe of e, f g, one card
only.
Fix a thread of filk at the point H, the other end
of which palling down the divifion d, and over the
pully I, runs along the bracket L, and goes out be¬
hind the partition M.
Take three cards from a piquet pack, and place
one of them in each of the divifions e, f g, making
the filk thread or line go under each of them. In
the divifion c, put the pack of cards from which you
have taken the three cards that are in the other divi¬
fions.
Then take another pack of cards, at the top of
which are to be three cards of the fame fort with thofe
in the three fmall divifions; and making the pafs, bring
them to the middle of the pack, and let them be drawn
by three different perfons. Then give them ^all the
cards to Ihuffle; after which place the pack in the di¬
vifion d, and tell the parties they fiiall fee the three
cards they drew come, at their command, feparately
out of the vafe.
An affiftant behind the partition then drawing the
line with a gentle and equal motion, the three cards
will gradually rife out of the vafe. Then take the
cards out of the divifion c, and ftiow that thofe three
cards are gone from the pack.
The
(c) This experiment may be performed without an afliftant, if a table be placed againft the partition, and
the firing from the glafs be made to pafs through a leg of it, and communicate with a fmall trigger, which
you may eafily pufti down with your foot ; and at the fame time wiping the glafs with your handkerchief,. as
if to make the card appear the more confpicuous. It may alfo be diverfified, by having the figure of a head,
ffppofe that of feme abfent friend, in the place of the card.
Sea. m. L £ G E R D
Perform- The vafe muft be placed fo high that the infide
ances with cannot be feen by the company. You may perform
the Cards. ^ experjment aif0 without an affiftant, by fixing a
weight to the end of thefilk line, which is to be plac«d
on a fupport, and let down at pleafure by means of a
fpring in the partition.
The divi- 17* ■^lCt a perfpe£Hve glafs be made, that is
nating per- wide enough, at the end where the objefk glafs is pla-
fpecftive Ced, to hold a table fimilar to the following.
gla&.
E M A I N. 73$
requires no great practice ; the two principal points
are, the making the pafs in a dexterous manner, and a ™y.mpatjie^
certain addrefs by which you influence a perfon to tjc
draw the card you prefent. Thofe that are performed 1 1 “v * 1
by the long card ate in general the moft ealy, but
they are confined to a pack of cards that is ready pre¬
pared j whereas thofe which depend on making^ the
pafs, may be performed with any pack that is oftered.»
Sect. III. Experiments vjith Sympathetic; Inks*
[See Sympathetic Ins..] .
1.131 10..132 19.133
2.231 11..232 20.233
3-331 I2--332 2I-333
4.121 13..122 22.123
5.221 14..222 23.223
6.321 15..322 24.323
7.in 16..112 25.113
8.211 17..212 26.213
9.311 18..312 27.313
Take a pack of cards that confifts of VJ only, and
giving them to a perfon, defire him to fix on any one,
then fliuffle them, and give the pack to you. Place
the 27 cards in three heaps, by laying down one al¬
ternately on each heap ; but before you lay each card
down, ihow it to the perfon, without feeing it your-
felf 5 and when the three heaps are finilhed, afk him
at what number, from 1 to 27, he will have his card
appear, and in which heap it then is ? Then look at
the heap through the glafs, and if the firfi: of the three
numbers which Hands again!! that number it is to ap¬
pear at be 1, put that heap at top j if the number be 2,
put it in the middle ; and if it be 3, put it at bottom.
Then divide the cards into three heaps, in the fame
manner, a fecond and third time, and his card will
then be at the number be chofe.
For example : Suppofe he defire that his card fhall
be the 20th from the top, and the firft time of making
the heaps he fay it is in the third heap : you then
look at the table in the perfpe£Hve, holding it at the
fame time over that heap, and you fee that the firit
figure is 2 •, you therefore put that figure in the mid¬
dle of the pack. The fecond and third times you in
like manner put the heap in which he fays it is, at the
bottom, the number each time being 3. Then look¬
ing at the pack with your glafs, as if to difcover which
the card was, you lay the cards down one by one, and
the 20th card will be that he fixed on.
You may {how the perfon his card in the fame man¬
ner, without a Iking him at what number it (hall appear,
by fixing on any number yourfelf.
The foregoing experiments with the cards will be
found fufficient to explain moft others of a fimilar na¬
ture that have or may be made : the number of which
is very great. To perform thofe we have defcribed
ExPEiuiiEim with Class I.
1. Make a book of 70 or 80 leaves j aud in the The book,
cov«r at the end of it let there be a cafe, which opens of fate,
next the binding, that it be not perceived.
At the top of each right hand page write any
queftion you pleafe j and at the beginning of the book
let there be a table of all thofe queftions, with the
.number of the page where each is contained. Then
write with common ink, on feparate papers, each
about half the fize of the pages iu the book, the fame
queftions that are in the book, and under each of them
write, with the ink made of the impregnation of fa-
turn, or the folution of bifmuth, the anfwer.
Soak a double paper in the vivifying liquor made of
quicklime and orpiment, or the phlogifton of the liver
of fulphur, and place it, juft before you make the
experiment, in the cafe that is in the cover of the
book.
Then deliver fome of the papers on which the que¬
ftions are wrote to the company j and, after they have
chofen !uch as they would have anfwered, they put
them in thofe leaves where the fame queftions are con¬
tained, and, (hutting the book for a few minutes, the
fulphureous fpirit with which the paper in the cover
of the book is imbibed, will penetrate the leaves, and
make the anfwers viftble, which will be of a brown co¬
lour, and more or lefs deep in proportion to the time
the book has been clofed (d).
2. Make a box about four inches long, and three xhemai-
wide, as ABCD, and quite (hallow. Let it (hut withveftous por-
hinges and faften with a hook 5 and let it have two
bottoms, the loweft of wood, that araws out by a 0 ?
groove, and the uppermoft of pafteboard. Between
thefe two bottoms is to be placed a paper dipped in
the vivifying liquor mentioned in the laft experiment.
Let there be alfo a board of the fame fize with the
infide of the box, which being placed in it may prefs
a paper againft the pafteboard bottom.
Then take feveral pieces oi paper, of the fame fize
W'ith the infide of the box, and draw on them the
figures of men and women, in different attitudes and
employments, as walking, riding, reading, writing,
&c. Thefe figures muft be drawn with a new pen, or
pencil, dipped in the impregnation of faturn.
Being thus provided, and having privately placed
the paper dipped in the vivifying liquor between the two
bottoms, you tell a perlon you will (how him what an
5 A 2 abfent
(d) If a weight be placed upon the book, the effca will be the fooner produced. Or you may put the
book in a box that will prefs it clofe down.
740
legerdemain.
Expert abfc.-it friend of Iris is doing at the prefent hour. You
Syra'iSe. ''"A 8ive l'!ra ,he PaPer adopted to the employment
Sea. III.
The artifi.
cial hand.
Sympathe- .» lJ“rci auapiea ro tne employn
tic'inks. -vou inten^, and teH him to write his friend’s name at
-Y-—' bottom, that you may not change the paper.
Then placing that paper next the pafleboard bottom,
and putting the piece of wood over it, you fhut the
box. After amufing him with difeourfe for three or
four minutes, you take out the paper, when he will
fee his friend in the employment you have aflivned
1 • A V . Q
him.
3. Let a workman make a hand of wood, as in fig.
16. fixed at the end next the elbow to the piece E,
the ends of which go through the ferews CD and EF.
The fore and middle fingers, and the thumb, are to
be moveable at their joints. There muft go a wire
through the arm, that is fixed at one end to the fore
finger, and at the other to the piece E, round which
it is to move: under the two joints of the two fingers
are alfo placed two fmall firings, which are to raife
it up.
To the fore finger and thumb fix two fmall rings,
through which a pin may be put, fo as not to impede
their motion. Under the arm at the point I, place
a fmall brafs roller, which ferves to fuftain the arm.
The pedeftal on which this hand is placed muft be
at leaft a foot long, if the hand be of the natural fize,
and about eight inches wide. The pedeftal muft be
hollow, and at the part ST there muft be an opening
about three inches -long and two inches wide ; the
whole pedeftal may be covered with a thin fluff, by
which the hole will be concealed. There is to be a
valve, or fort of trap door, on the infide of the pe¬
deftal, which is to faften againft the opening.
Over the hand and pedeftal place a glais frame, as
in the figure : cover the hand with fine leather of flefti
colour, and decorate the arm with a ruffle and cuff,
wfflich will entirely conceal the machinery.
Then take a number of cards, and write on them
different queftiens 5 and on the fame number of papers
write, with the impregnation of lead, the anfwers.
Give the cards to any one, and let him choofe a que-
ftion ; and you place the paper with the anfwer under
the pen in the hand, letting him firft fee there is no
writing on it (e). Now the pedeftal being placed
againft a partition, the end F is to go through it.
Therefore an affiftant, upon a fignal given, turns a
handle fixed to F j and, as the piece E turns round, the
wires that move the fingers and thumb are alternately
lengthened and fhortened, by which their joints are
kept in continual motion ; and the ferew at the fame
time turning gently from F towards G, gives the
whole arm a motion which very much refembles that
of nature (f).
The hand and pen ferve here merely to afflft the il-
lufion : but if a bit of fponge, dipped in the vivifying Experi-
hquor, be placed at the end of the pen, as it goes overment3 wiih
the writing on the paper, it will make it become gra- ^p”inksC*
dually viiible, and in this cafe the trap door and dip- - — y <
ped paper may be omitted (g).
Deception with Class II.
4. Take feveral pieces of paper, of a fize that you T}ie writ-
can put in any book that will go into your pocket,
write at the top of each of them a queftion, with com¬
mon ink, and under it write the anfwer with the fo-
lution of gold or filver. Give any of thefe papers,
clofely wrapt up, to a perfon, and tell him to place
it againft the w^all of his chamber, and keeping the
door locked he will next day find the anfwer wrote
on it.
As the gold ink wall fometimes give a yellow call
to the paper, you may previoufiy give a flight tindlure
of that kind t® the papers you ufe for this purpofe..
Deception with Class III.
5. On different papers draw the figures of feveral Magical
leaves or flowers with one of the colourlefs juices men-vesetatl0n’*
tioned : then take one of the corresponding leaves or
flow-ers, and laying it on an iron plate, over a chafing-
difti of hot coals, let it burn to afhes. Put thefe afhes
into a fieve, in which there is fome very fine fteel fil¬
ings, and fift them over the paper on which the flower
is drawn, when they will adhere to the glutinous li¬
quor, and form an exadl reprefentation of the figure of
the leaf or flower.
Deceptions with Class IV.
6. Make a little triangular box, each fide of which The talif-
is to be about five inches, and let its infide be divid- man, fig. 7.
ed into three parts. The firft part A, which makes
the bottom of the box, is to be covered by the fecond
part B, in form of a cafe, and let the top C exa611y
cover the part B, as is expreffed in the figure and the
profiles.
Upon the bottom of the box let there be a plate of
copper, about one-twentieth of an inch thick, on
which let there be a number of hieroglyphic charac¬
ters contiguous to each other, and cut in different forts
of metal.
On the top of the cover place a knob O, that goes
through it, and to which the -copper triangle is to
be fixed occafionally, in fuch manner as it may go into
the cafe B. There muft be a fpace of one quarter of
an inch between the triangle £) and the bottom ‘of the
cafe B; into which another plate of copper, of that thick-
nefs, may be placed.
The outfide of this talifman may be decorated with
uncommon
(r ) I he paper dipped in the vivifying liquor is to be previoufly placed againft the opening in the table, and
fupported by the trap door.
(i) This might be performed without an affiftant, by means of a trigger placed in the leg of the table, and
communicating with the handles, wfliich the operator might thruft down wuth his foot. Where expence is not
regasded, there may be a complete figure of a man in wmod, or plafter of Paris, feated by the table.
(G) You may alfo have a glafs ink ftand with fome of the vivifying liquor, into which the pen may be dip¬
ped, and it will then appear to write with common ink. The fpe&ators ftiould not be permitted to come very
aear this machine, which may be applied to feveral other purpofes.
Sea. in. L E G E 11 D
Experi- uncommon figures or characlers, to give it the appear-
ments with ance of greater myftery.
Sytnpathe- Qn feverai pieces of paper, of the fame fize with the
, tic Inhli' , in fide of the tahfman, write difiFerent queftions in com¬
mon ink, and w^rite the anfwers in thofe different forts
of fympathetic ink that appear when heated, obferv-
ing that each word of the anfwer is to be wrote in a
different ink.
Having properly heated the triangle, and placed it
under the cover, you introduce the talifman, and tell
any one of the company to choofe one of the papers
on which the queftions are wrote, and place it in the
talifman, and be will immediately have an anfwer
wrote on that paper, the words of which will be of
different colours, according to the different metals of
which the talifman is compofed. I he paper being
placed in the talifman, and the cover placed over it,
the heat of the triangle will make the anfwer vinble
in a few moments. This experiment may be repeat¬
ed if the triangle be made fufficiently hot } and twro
papers may be placed in the talihnan at the fame
time.
This deception, when well executed, occafions a
furprife that cannot be conceived by a mere defcrip-
tion.
The fibyls, 7. Make a wooden pedeftal AB, about ten inches
fig- S- wnde, and one deep : and at one end eredft a
box C, about ten inches high, eight broad, and two and
a half deep.
The top of the pedeftal muff Hide in a groove, on
which infcribe a dial M, of fix inches diameter, and
which is to be divided into nineteen equal parts, in
twelve of W'hich write the names of the months, and
mark the refpeftive figns of the zodiac ; and in the
feven other divifions, which muft be next the end B,
write the days of the week, and mark the figures of
the planets. Next the inner circle NO, make an
opening into the box, of about one-tenth or an inch.
On the centre of the dial place an index that turns
freely on its centre.
Within the pedeftal place a pulley P, about four
inches diameter, w'hich is to turn on an axis that is
diredbly under the centre of the dial j and on the up¬
per part of that axis fix a bent index R, which comes
out at the opening made by the inner circle (h), and
paffes over thofe feven divilions only on which are wrote
the days of the week.
Within the box C, let there be two rollers and
T, as in the figure : let that of S contain a ipring j
and at the end of T let there be a pulley V, of three
quarters of an inch diameter, round which goes a
ftring or thread that paffes under the fmall pulley X,
and is faftened to that of P : fo that when the laft
pulley makes about one-third of a turn, that of \ may
make three or four turns.
There muff alfo be a fcroll of paper, about two feet
long, and each end of which muft be pafted to one of
the rollers. In the front of the box, between the two
rollers, make an aperture X), about four inches long,
E M A 1 N. 74*f
and one inch and a half wide : to this opening let there Experi- ^
be a little flap or ffider, by which it may be clofed at
pleafure. _ _ . tic Inks.
The apparatus being thus dilpofed, place the index l——y —■
R fucceffiveiy againft each of the diviiions marked
with one of the planets •, and as the paper is gradually
wound up the roller, mark, againil that part which is
at the aperture D, the name of one of the following
fibyls :
The Hellefpontian'
Cumean
Artemifian
Phrygian fibyh
Albunean
Perfian
Libyan
On each of the feven cards write a different que-
ftion, and draw one of the feven planets. Next, take
a memorandum book that contains feven leaves, ani¬
on each of them write the name of one of the fore¬
going fibyls j in each of the leAves place feveral pieces^
of paper, and on each of tfietn write, with the Sym¬
pathetic ink that does not appear till the paper is heat¬
ed, different anfwers to the fame queftion.
Then give a perfon the feven cards on w'hich the
queftions are wrote, and tell him to choofe one of them
privately, and conceal the reft, fo that it cannot poffioly
be known which of them he has chofen.
Next, tell him to place the index that points to the
month againft that in w'hich he was born (1), and to
place the index of the planets againft that which is on
the card he has chofen, and which is to prefide over
the anfwer : you tell him to do this privately, that
no one may fee him, and after that to cover the dial
with his handkerchief. Then let him open the door
that is before the aperture in the box, and tell you the
name of the fibyl there viftble.
You then open the memorandum book, and taking
out the papers that are in the leaf where the name of
the fibyl juft mentioned is wrote, you defire him to
choofe any one of them he thinks proper. The talif¬
man ufed in the laft experiment being properly heated,
is then to be introduced, when you direct the perfon
to put the blank paper into it •, and taking it out
a few' moments after, he will find the anfwer to his
queftion. *
To make this operation appear the more extraordi¬
nary, it will be proper to have a fmall prefs or cup¬
board, at the back of which there is a door that
opens into an adjoining room, by which means an af-
fiftant having prepared the talifman, may place it in
the cupboard the moment before it is wanted. This
contrivance will be ufeful on many other occafions.
8. Provide an urn of w'ood or metal about fixT^mag1®
inches high, and two and a half diameter in the widefturn•
part, and of fuch figure in other refpe&s as you think
proper (fee fig. 9.) Let there be a cylinder of cop¬
per C, (fig. 10.) of about one eighth of an inch dia¬
meter,
(h) If the axis be made to pafs through the top of the pedeftal, this opening will not be neceffary.
(1) Thefe months and the index are of no other ufe than to give the experiment an air of greater my,
ftery.
7+2
ment^with T^tei ’ w “c \ 15 a hole AB made in the urn.
Sympathe- , e .toP t^‘s cy^*!nder is to be in the top of the .urn, fo
tic Inks, *t nray be eafily taken out. 'i'o this urn there mult
1 v—~J be a cover D, which fits it exactly.
On a fmall fquare piece of paper draw the figure of
a Hotter^ or leaf, with that fort of lympathetic ink
whole colour molt refembles it. You then prefent fe-
veral forts of llowers or leaves to a perfon, and delire
him to choofe any one of them. Then put that flower
on a channgdilh . of hot coals 3 and taking the pa¬
per on which it is fecretly drawn, you give it to the
perfon to examine, and then put it in the urn, having
previoufly heated the cylinder (k). Then taking feme
of the alhes of the burnt flower, you drew them over
the paper, after which you take it out and Ihow the
company the figure of that flower. While the flower
15 burning, you may fprinkle fome powder over it,
fuppofe that of faltpetre 3 and by that, mixed with
the allies of the flower, the company may imagine the
eftedl is produced.
Tne prefs or cupboard mentioned in the preceding
experiment, will be here very convenient for heating
the cylinder and placing it in the urn. A fimilar de¬
ception may be performed by putting the paper in a
copper velTel, that may be placed on an iron plate over
the chafingdifh in which the flowTer is burnt. But this
method has not fo myflerious an appearance as the
other, and in fome perfons may caufe a fufpicion that
the effedf is produced by heat.
9. lo perform this experiment, you mud obferve,
that there are feveral letters which may be changed
into others, without any appearance of the alteration 3
as, the a into */, the c into 0, e, </, 0, or y, the i in¬
to */, or /, the / into /, the 0 into d, or q, the
v into q, &c.
Take a parcel of cards, fuppofe 20, and on one of
them write, with the ink of the fourth clafs, the word
/aw (l), and on the other, wfith the fame ink, the
words old woman ; then holding them to the dre, they
will both become vifible. Now you will obferve, that
by altering the a in the word law into //, and adding
0 before the /, and otnan after the w, it becomes old
woman. Therefore, you make thofe alterations wfith
the invifible ink, and let it remain fo. On the red of
the cards you write any words you think fit.
Prefent the cards in fuch a manner to two perfons,
that one of them fhall draw the word law, and the'
other the words old woman. You then tell the perfon
who drew the word law, that it fhall difappear, and
the words on the other card fhall be wrote in its place 3
and that you may not change the cards, defire each of
the parties to write his name on the cards. Then put¬
ting the cards together, and holding them before the
fire, as if to dry the names jud wrote, the word law
will prefently change into old woman.
This experiment may be varied by fixing on a wwd
that may be changed into three other words, and mak¬
ing four perfons draw the cards on which thofe words
LEGERDEMAIN. ce(^- jjj
are wrote ; and It may be further diverfified by choof- Expen¬
ding three fuch words, as that the fird can be changed ments WItI‘
The cor
vertible
cards.
into the fecond, and the fecond into the third. You
then tell him who drew the fird word, that it fhall be .Ink?' ,
changed into that drawn by the fecond perfon 3 and
him you^tell, that his word fhall be changed into that
of the third perfon.
. jo. W rite on feveral flips of paper different que-The°racu-
dions, and fuch as may be anfwered by the name of!ar Otters,
fome perfon 3 for example, Who is the merried man
in the company ? Anfwer, Mr * * * To whom will
Mifs * * * be married ? Anfwer, To Mr * * *.
Ihefe quedions are to be wrote in the fympathetic
ink of this clafs, and expofed to the fire, and the an-
fvvers wrote in the fame ink, and left invifible. The
papers are to be folded in form of letters, and in fuch
manner that the part where the name is wrote fhall be
direftly under the^ feal, and the heat of the wax will
make it vifible. Then give the letter to the perfon
who requires the anfwer, and he will find it plainly
wrote. 7
A deception fimilar to this may be made with a
number of blank cards, on each of which an ace of
fpades is drawn with the invifible ink 3 then let a per¬
fon choofe any one of them, and enclofe it in a letter-
cafe, prepared in fuch a manner that the figure of the
ace diall be dire&ly under the feal, and on openino- the
letter it will be immediately vifible.
Dfxeptions with Class V.
11. Have a box that is divided into three parts af-The incom-
ter the fame manner as the talifman in the 21ft experi-prehenfible
ment, except that, inftead of being triangular, it muftwriting*
be of a long fquare (fee fig. 14.) Divide its top B
into two equal parts D and E, as in fig. 13. and to the
part D adjuft a plate of copper L, about one quarter
of an inch thick, and under both the plate L and the
opening E place a cloth. The upper part C muff have
a button by which it may be fixed on the cover B, fo as
to appear of one piece with it.
At the bottom of the box place a piece of cloth, or
other fluff, on which you may ftamp certain myfte-
rious chara&ers, and obferve that the bottom of the
cover muff reft upon the cloth.
Then provide a flip of paper GH (fig. 12.) of the
fame fize with the bottom of the box 5 and at each
end of it write, with the green fympathetic ink, the
name of a different card, and make fome private mark
by which you can tell at which end each name is
wrote (m).
Take a parcel of cards, and offer thofe two of them
whofe names are wrote on the paper to the two per¬
fons, that they may draw them. You tell the parties
to keep their cards to themfelves, and you propofe to
make the names of thofe cards appear upon a flip of
paper, which you put into the box. You then alk
which name of the two cards {hall appear firft. The
copperplate being previoufly heated and placed in the
J,.nere are ^ome ir®rts fympathetic inks that require much more heat than others.
(l) Ihefe letters ftiould not be joined.
(m) lhat there may be no fufpicion of the paper feeing prepared, you may cut it from a whole ftieet, before the
company, having previoufly wrote the names.
3
Sea. in.
Experi- cover, you put it over that end of the paper on which
ments with js narne required, and it will prefently appear,
"tic'lrkr Then 121 dng the paper out and Ihowing the name
. ^' > wrote, you put it in again, turning the other end to
the fide of the box where the plate is, and it will in
like manner become vilible.
The fir ft name may be made to difappear at the
fame time that the fecond appears, if the cloth at the
end oppcfite to that where the plate is be made damp.
Winter 1 2. Take a print that reprefents winter, and trace
changed over the proper parts of the trees, plants, and ground,
into fprmg. with the green fympathetic ink ; obferving to make
fome parts deeper than others, according to their di-
ftance. When thofe parts are dry, paint the other
objefts with their natural colours. Then put the print
in a frame with a glafs, and cover the back of it with
a paper that is parted over its border only.
When the print is expofed to the heat of a mode¬
rate fire, or to the warm rays of the fun, all the grafs
and foliage will turn to a pleafing green •, and if a yel¬
low tint be given to fome parts of the print, before the
fympathetic ink be drawn over, this green will be of
different finades •, and the fcene that a minute before
reprefented wdnter, will now be changed to fpring.
When this print is placed in the cold, wdnter will again
appear, and will again be driven away by the warm
rays of the fun. This alternate clxamge of feafons may
be repeated as often as you pleafe; remembering,
however, as was before obferved, not to make the
print at any time too hot, for then a faded autumn will
for ever remain.
LEGERDEMAIN.
743
The revivi¬
fied bou¬
quets.
The tranf-
colorated
Waiting.
Deceptions with Class VII.
13. Provide a number of artificial flowers, fuch as
rofes, jonquils, pinks, or any other you find conveni¬
ent. Thefe flowers muft be made of white thread or
filk, and their leaves of parchment. Dip the rofes in
the red fympathetic ink, the jonquils in the yellow,
the pinks in the violet, and their leaves in a folution
of fait or tartar. When they are all dry, form them
into fmall bouquets, udiich will all appear white, and
may be ufed in this experiment, either the day they
are dipped, or feveral days after.
You take one of thefe bouquets, and after fhowing
the company that every part of it is white, you dip it
in an infufion of any of the blue flowers mentioned
under the article CoLOVR-Makittg, N° 13. and, drawing
it prefently out, all the flowers and leaves will appear
in their natural colours (n).
14. Write on a paper, with the violet liquor, as
many letters or words as you pleafe 5 and afk any per-
fon whether he will have that writing turn to yellow,
green, or red.
Have a fponge with three fides that you can readily
diftinguifh, and dip each of its fides in one of the three
fympathetic inks. Draw the fide of the fponge that,
correfponds to the colour the_ perfon has chofen, over
the writing once only j and it will direftly change to Mifcella-
the colour required (o). . Safes'
Sect. IV. Mifcellaneous Performances.
1 si perfon having an even number of counters in one To tell odds
hand, and an odd number in the other, to tell in which handox evens'
the odd or even number is.—Let the perlon multiply the
number in his right hand by an odd number, and the
number in bis left hand by an even number, and tell
you if the fum of the produ&s added together be odd
or even. If it be even, the even number is in the
right hand *, but if it be odd, the even number is in the
left hand.
'Example.
1. Number in the 7 lg In ,he left
right hand 3
Multipliers 3 2
54
*4
Their fum 68
2. Number in the
right hand
Multipliers
}
J4
In the left 18
2
21
Their fum 57
I 6. To tell, by the dial of a watch, at what hour any To tell at
perfon intends to rife.—Let the perfon fet the hand of w^at h°ur
the dial to any hour he pleafes, and tell you what hour
that is : and to the number of that hour you add, in rife.
your mind, 12. Then tell him to count privately the
number of that amount upon the dial, beginning with
the next hour to that on which he propofes to rife,
and counting backwards, firft reckoning the number
of the hour at which he has placed the hand. An ex¬
ample will make this plain.
Suppofe the hour at which he intends to rife be 8,
and that he has placed the hand at 5. You add 1 2 to
5, and tell him to count 17. on the dial, firft reckon¬
ing 5, the hour at which the index Hands, and count¬
ing backwards from the hour at which he intends to
rife; and the number 17 will neceffarily end at 8,
which {hows that to be the hour he chofe.
That the hour at which the counting ends muft be
that on which he propofed to rife, will be evident on
a little refledrtion •, for if he had begun at that hour and
counted 12, he would neceflarily have come to it again \
and calling the number 17, by adding 5 to it, only
ferves
(n) The liquor Ihould be put in a fort of jar with a narrow neck, that it may not be feen by the company :
and you fhould draw the flowers gently out that the liquor may drop if thin, and they may have time to acquire
their colours.
(p) The fponge Ihotild be well cleaned immediately after the experiment.
744
The magi¬
cal century.
LEGERDEMAIN.
ferves to difguife the matter, but can make no fort of And 4 added to it, makes
difference in the counting.
17. If the number 11 be multiplied by any one of
the nine digits, the two figures of the produfl will al¬
ways be fimilar. As follows :
Se&. IV
18
Mifcella-
nuj-cs Per¬
formances.
IX
I
II
2
11
I I
6
11
8
11
11 22
77 88 99
table, and propofe
certain number of
to 100, but never
To tell
what num¬
ber a per-
fon private¬
ly fixes on.
33 44 55 6<5
Place a parcel of counters on a
to any one to add, alternately, a
thofe counters, till they amount
to add more than 10 at a time. You tell him, more¬
over, that, if you flake firft, he fhall never make the
even century, but you will. In order to w'hich, you
muff firft flake I, and remembering the order of the
above feries, 11, 22, 33, &c. you conftantly add, to
what he flakes, as many as will make one more than
the numbers of that feries, that is, as will make 12,
23, 34, &c. till you come to 89, after which the other
party cannot make the century himfelf, nor prevent you
from making it.
If the other party has no knowledge of numbers,
you may flake any other number firft, under ten, pro¬
vided you take care to fecure fome one of the lafl terms
as 56, 67, 78, &c.
This deception may be performed with other num¬
bers ; and in order to fucceed, you muft divide the
number to be attained by a number that has one digit
more than what you can flake each time, and the
remainder will be the number you muft firft flake.
Obferve, that, to be fore of foccefs, there muft be al¬
ways a remainder. Suppofe, for example, the num¬
ber to be attained is 52, making ufe of a pack of cards
inftead of counters, and that you are never to add
more than 6: then divide 52 by the next number above
6, that is, by 7, and the remainder, which is 3, will be
the number you muft flake firft-, and whatever the other
flakes, you muft add as much to it as rvill make it equal
to the number by w'hich you divided, that is 7. There¬
fore, if his firft flake be 1, you muft flake 6, &c. fo
that your fecond flake will make the heap 10, your
third flake will make it 17, and fo on, till you come
to 45, whem, as he cannot flake more than 6, you muft
make the number 52.
In this, as in the former cafe, if the other perfon
has no knowledge of numbers, you may flake any
number firft under 7 *, or you may let him flake firft,
only taking care to fecure either of the numbers 10,
17, 24, 31, &c. after which he cannot make 52, if
you conftantly add as many to his flake as will make
h 7-
18. .Yperfon privately fxing on any number, to tell
him that number. After the perfon has fixed on a
number, bid him double it and add 4 to that fom, then
multiply the whole by 5 j to the product let h:m add
12, and multiply the amount by 10. From the fom of
the whole let him deduft 3 20, and tell you the remain¬
der from which, if you cut off the two laft figures, the
number that remains will be that fixed on.
Example.
Let the number chofen be
-Which doubled is
Which multiplied by 5, gives - - 90
To which 12 being added, it is - 102
That multiplied by 10, makes - - 1020
From which deducing 3 ?o, the remainder is 700
And, by linking off the two cyphers, it becomes
the original number - . 7
19. Three dice being thrown on a table, to tell the Tp tell the
number of each of them, and the order in which theyfand. nu.mber 0*
Let the perfon who has thrown the dice double the ^’own up
number of that next his left hand, and add 5 to that by 3 dice,
fom j then multiply the amount by 5, and to the pro-without
dudl add the number of the middle die-, then let the ee^no
whole be multiplied by 10, and to that product add the1^1”’
number of the third die. From the total let there be
fubtradled 250, and the figures of the number that re¬
mains wall anfwer to the points of the three dice as they
Hand on the table.
Example. Suppofe the points of the three dice thrown
on the table to be 4, 6, and 2,
Then the double of the firft die will be - 8
To which add - - c
That fom multiplied by 5 will be
To which add the number of the middle die
7
*4
And multiply the fum by
To that produdl add the number of the third die 2
Form the total - - 712
Subtract - - 250
And the three remaining figures 462
will anfwer to the numbers on the dice, and fliow the
order in which they Hand.
20. Some perfon in company having put a ring privately To tell on
on one of his fingers; to name the perfon, the hand, the w^)at fn-
finger, and the joint. On which it is placed.—Let a third
perfon double the number of the order in which he has been ^
Hands wTho has the ring, and add 5 to that number -, privately
then multiply that fom by 5, and to the produdl add Put-
10. Let him next add 1 to the laft number if the
ring be on the right hand, and 2 if on the left, and
multiply the whole by 10 : to this produdl he muft add
the number of the finger (counting the thumb as the
firft finger), and multiply the w-hole again by 10. Let
him then add the number of the joint 5 and, laftly, to
the whole join 35.
He is then to tell you the amount of the whole, from
w-hich you are to fobtradl 3535, and the remainder
will confift of four figures, the firft of which will ex-
prefs the rank in which the perfon Hands, the fecond
the hand (the number 1 fignifying the right hand, and
2 the left), the third number the finger, and the fourth
the joint.
Example. Suppofe the perfon who Hands the third
in order has put the ring upon the fecond joint of the
thumb of his left hand : then
1
The
C_ fa/? v&tt/tter /Se/t
Sea. IV.
LEGERDEMAIN.
745
Mifcella- The double of the rank of the third perfon is
neous Per- Tq which add .
rormances.
Multiply the fum by
11
5
To which add
And the number of the left hand
55
io
2
Which being multiplied by
To which add the number of the thumb
67
10
670
1
671
And multiply again by - - 10
67x0
Then add the number of the joint - 2
And lallly the number - - 35
^ 1.1 . 6747
From which deducing - - 3535
The remainder is - - 3212
Of which, as we have faid, the 3 denotes the third per¬
fon, the 2 the left hand, the 1 the thumb, and the laft
2 the fecond joint.
The burnt 21. Cover the outfide of a fmall memorandum book
writing re- with black paper, and in one of its infide covers make
ftored. a dap to 0pen fecretly, and obferve there muft be no¬
thing over the flap but the black paper that covers the
book.
Mix foot with black or browm foap, with which rub
the fide of the black paper next the flap ; then wipe it
quite clean, fo that a w'hite paper prefled againfi: it wdll
not receive any mark.
Provide a black lead pencil that will not mark with¬
out prefling hard on the paper. Have likewife a fmall
box, about the fize of the memorandum book, and that
opens on both fides, but on one of them by a private
method. Give a perfon the pencil, and a flip of thin
paper, on which he is to write what he thinks proper:
you prefent him the memorandum book at the fame
time, that he may not w'rite on the bare board. You
tell him to keep what he w’rites to himfelf, and direft
him to burn it on an iron plate laid on a chafingdilh
of coals, and give you the alhes. You then go into
another room to fetch your magic box above defcribed,
and take with you the memorandum book.
Having previoufly placed a paper under the flap in
the cover of the book, when he preffes hard with the
pencil, to write on t!'e paper, every ftroke, by means of
the fluff rubbed on the black paper, wrill appear on that
under the flap. Y ou therefore take it out, and put it
into one fide of the box.
You then return to the other room, and taking a
flip of black paper, you put it into the other fide of
the box, ftrewing the afhes of the burnt paper over it.
Then (baking the box for a few moments, and at the
fame time turning it dexteroufiy over, you open the
other fide, and (how the perfon the paper you firft put
Vox.. XI. Part II.
in, the writing on which he will readily acknowledge Mifcella-
t° be his. forrnarices'"
22. Take two guineas and two (hillings, and grind '‘j^ '
part of them away, on one fide only, fo that they mayThetranf-
be but of half the common thicknefs j and obferve that pofable
they muft be quite thin at the edge: then rivet a gui-Pieces'
nea and a (hilling together. Lay one of thefe double
pieces with the (hilling upwards, on the palm of your
hand, at the bottom of your three firft fingers; and
lay the other piece, with the guinea upwards, in like
manner, in the other hand. Let the company take
notice in which hand is the guinea, and in which the
(lulling. Then as you (hut your hands, you naturally
turn the pieces over 5 and when you open them again,
the drilling and the guinea will appear to have changed
their places.
23. Provide a round tin box, of the fize of a large The pene-
fnuff box ; and in this place eight other boxes, which tra.ture
will go eafily into each other, and let the lead of them Suinea‘
be of a fize to hold a guinea. Each of thefe boxes
(hould (hut with a hinge : and to the lead of them there
mud be a fmall lock, that is faftened with a fpring, but
cannot be opened without a key : and obferve that all
thefe boxes muft (hut fo freely, that they may be all
clofed at once. Place thefe boxes in each other, with
their tops open, (fee fig. 1 2.) in the drawer of the table
on which you make your experiments *, or, if you pleafe,
in your pocket, in fuch a manner that they cannot be
difplaced.
Then a(k a perfon to lend you a new guinea, and
defire him to mark it, that it may not be changed.
You take this piece in one hand, and in the other you
have another of the fame appearance; and putting
your hand in the drawer you flip the piece that is
marked into the lead box, and, (hutting them all at
once, take them out. Then (bowing the piece you
have in your hand, and which the company fuppofe
to be the fame that was marked, you pretend to
make it pafs through the box, and dexteroudy convey
it away.
You then prefent the box, for the fpedlators do not
yet know there are more than one, to any perfon in
company ; who, when he opens it, finds another, and
another, till he comes to the lad, but that he cannot
open without the key (fee fig. 13.) which you then
give him, and retiring to a didant part of the room, you
tell him to take out the guinea himfelf, and fee if it be
that he marked.
This deception may be made more furprifing, by
putting the key into the fnuff box of one of the com¬
pany *, which you may do by aiking him for a pinch of
his fnufF, and at the dime time conceal the key, which
mud be very (mall, among the fnuflf: and when the
perfon who is to open the box a(ks for the key, you
tell him that one of the company has it in his fnuff
box. This part of the deception may likewife be per¬
formed by means of a confederate.
24. ABCD, fig. 15. reprefents a fmall wooden boxTlie.t,irfc
feven or eight inches long, two and a half broad,maglc pic'
and half an inch deep ; the bottom of which, by means pjate
of two crofs pieces, is divided into three equal parts. CCXC.
EFGH reprefents the lid, which is fadened to the bot- %• i4> 15-
tom by a hinge, and has in front a fmall plate ftiaped
like a lock, and two fmall eyes for hooks which ferve to
fallen it when it is (hut. ILM are three fmali flexible
5 B fp™gs,
74'S L E G E R
Mifce“a; springs, flat, and about £ inch long. NOP are three
fonnancf--" wooc*en ta^ets of the fame fize, upon which are mark-
wecl. the figures 3, 4, and 5. The tablets are of different
thicknefles, and the difference is fo fmall as not to be
perceived by the eye. The outfide of the box is cover¬
ed with fhagreen or morocco leather, and on the infide
with filk taffety ; thefe coverings being indifpenfably
neceflary to hide the three fmall fprmgs above mention¬
ed. Fig. 14. fhows the two hinges E and F bent clofe
to the top of the lid ABCD j the piece of brafs G, fi-
nilar to a lock, being alfo curved to the lid. A fmall
brafs find is rivetted upon the end of each of thefe
-prings inferted into the lid, and paffes through the
curved part of each of the hinges and the lock •, fo that
on the outfide they appear as the heads of fmall pins
which fallen them upon the lid. Thefe fmall finds will
be elevated more or lefs according to the thicknefies of
the tablets, that may be (hut up in each of the parti¬
tions in which they may be found placed 5 fo that the
tablet N elevates them more than the tablet O, and the
ratter lefs than P 5 though thefe elevations are but bare-
jy fenfible to the fight or touch, and that by a perfon
aecufiomed to look at or handle them. Thus it may be
eafily known in whatever order the tablets are placed,
however carefully fliut 5 and confequently the numbers
named as enclofed.
Give now’ the box to any indifferent perfon, leave
him at liberty to form with the tablets any number he
pleafes, defining him to return the box well fhut up j
then taking the box, and determining by the touch,
or rather by the eye, what order the tablets are in, it
will be very furprifing to hear you declare the number
without feeing it.
N. B. It will fiill be equally poffible to difcover the
number, though the tablets fhould be returned with
the bottom upwards, or even though one fhould be
withdrawn in order to defeat your defign ; particularly
if care has been taken to make the fluds remain even
with the plates when a number is omitted.
The nume- 25. To ilifcover any particular counter which has been
lical table, fecrctly placed within a box that turns upon it.—This
table, which is made of wood, is reprefented by A,
fig. 16. It is of an hexagonal fhape, and about three
or four inches diameter. For the fake of neatnefs in
appearance, a proportionably fized pillar with a foot is
fixed to it. Round a centre there turns a fmall round
box B of about ^ inch diameter in the infide, the lid of
which takes off at B. At the bottom of this box,
near the circumference in the infide, is fixed a brafs
pin to fit a hole made in a flat ivory counter fliown
at fig. 17. The pin and counter are reprefented
in fig. 18. which is a flat view of fig. 16. with the
lid of the box B taken off. Oppofite to the pin
in the fame figure, D reprefents a fine dot defigned as
a fecret mark on the outfide of the box, which ferves
always as a guide to the number of the counter private¬
ly placed in the infide of the box, as is afterwards par¬
ticularly explained. Upon one of the corners of the
table is an ivory mark C, fig. 16. and 18. which ferves
to place the fpot a upon the counters in its proper pofi-
tion. See fig. 17. There are 12 counters fitted to the
box B, marked 10, 20, &c. as far as 120, on the mid¬
dle of each. On each of thefe counters is the hole
fig. 17. and 18. which goes over the pin in the bottom
of the box } and on one fide of this hole a red or black
D E M A I N. Sea. IV.
fpot is placed in the following manner. When N° 10 Mifcella-
is put into the box, the fpot muft be fo far to the left neous Per-
hand of the hole, that when it is brought to the mark ,formances,l
C, fig. 18. the hole b will be oppofite to the fide mark¬
ed 1. When N° 20 is put in, the fpot being brought
to the mark C will carry the hole to the corner mark¬
ed 2. When N° 30 is put in, and the fpot brought
oppofite to C, the hole will be brought againft the fide
marked 3, as is fhown in the figure, and fo on for the
refi. Therefore, as oppofite to the brafs pin, or hole
on the counter on the outfide of the box B, there is a
fecret mark I) already mentioned, this muft ferve as an
index to the number contained in the box, according as
it is oppofite to a fide or coiner of the table.
Give now the table with the box and the 12 coun¬
ters to any perfon, and defire him to put one of the
counters fecretly into the box, keeping the reft to
himfelf 5 and, after having placed the hole over the
pin in the box, to place particularly, by turning the
box round, the fpot a againft: the mark C on the table.
Let him then cover the box, give you the table, and
keep the counters himfelf. Obferve then privately
what fide or corner the fecret outfide mark D Hands
againft, reckon the tens accordingly, and tell him the
number.
26. lo draw out of the well with a bucket any one The mao-ic
of four liquors which have been previoufy mixed and put well.
into it Provide two tin cylinders of feven or eight
inches height; the diameter of the largeft, reprefented
by AB fig. 19. to be four inches, and that of the leaft,
CD two inches. Place the fmall one within the larger,
and connect them together by foldering to them four
tin partitions, making the equal fpaces e,f g, h. Turn
a piece of wood three inches thick, hollow withinfide,
and lined with tin, of which a fe61ion is given, fig. 20.
Into this the exterior cylinder fhould be clofely fitted
at a and b. Another circle of wood (of which a fedlion
is given fig. 21.), hollowed at a, b, and c, is alfo to be
procured, and which may cover exaftly the fpace be¬
tween the two cylinders •, and, laftly, let the whole be
conftru&ed in fuch a manner, that when thefe three fe-
parate pieces are placed together, they may reprefent
a wrell, as in fig. 22. The two brafs or wooden pil¬
lars AA, with the axis and handle C, ferve to let down
and draw up a fmall giafs bucket B, an inch and a
half in diameter. Make alfo four tin refervoirs of the
fame height with the cylinder, and fo fhaped as to
fill the four fpaces c,/, (fig. 19.) which mufl: be
well clofed at their extremities B and C. On the top
of each make a fmall hole about the tenth part of an
inch diameter, and folder at the bafe C a fmall tube
D, the end of which fhould be bent towards the infide
of the well when the refervoir is placed in it. Solder
on the top of each refervoir a fmall fpring lever and
prop ABDE, fig. 23. This fpring will ferve always to
prefs the end of the lever D down upon the hole at
the top of the refervoir B $ and in order to cover it
more perfectly, a fmall piece of leather is to be glued
on to the end of the lever D. Laftly, A fmall peg or
ftud C is placed at the end of each of the levers, and
which mufl: be clofe to the under part of the wooden
circle which covers the refervoirs. To conceal thefe
ftuds, and at the fame time to be able to prefs upon
them with the fingers, circular apertures, as fhown in
fig. 21. muft be made in the piece of wood, the top
covered
fomiances
The refuf-
citated
flower.
Plate
CCXCI.
Sea. IV. L E
Mifcella- covered with a piece of vellum, and the whole neatly
r.eous Per- painted with oil colour.
r - jp now yOU plunge one of thefe refervoirs perpendi¬
cularly into any liquor, in prefling on the flud, fo as
to uncover the hole at the top, it will be filled with
the liquor in proportion to the depth to which it is
immerged ; and as long as the lever continues to prefs
upon the hole by means of the fpring, the liquor can¬
not run out for want of air, though it will do fo the
moment the ftud is preffed upon and the air admitted.
If the refervoir is properly placed, then the liquor
will flow out of it into the glafs bucket when let down
to a proper depth.
Fill now' the four refervoirs with the four different
liquors 5 putting them in their places, and covering
them with the circular top. Take a quantity of the
fame liquor, mix them w'ell together, and pour the
whole into the w'ell •, after which you may draw out
any one which the company defires, by letting down
the bucket, and prefling fecretly upon the ftud be¬
longing to the refervoir which contains it, and which
will thus difcharge the liquor it contains.
27. Provide a fmall tin mortar, that is double, as
A (fig. 8.), whofe bottom B turns round on an axis,
by means of a fpring which communicates with the
piece C. There muft be a hollow fpace under the
falfe bottom. To the under fide of the bottom
faften, by a thread of fine filk, a flower, wTith its ftalk
and leaves.
Then take a flower that exaftly refembles the other,
and plucking it from the ftalk, and all the leaves from
each other, put them into the mortar, and pound them
with a fmall peftle •, after which you ihow the mortar
to the company, that they may fee the parts are all
bruifed.
Then taking the mortar up in your hands, you hold
it over the flame of a lamp or candle, by wdiofe warmth
the flower is fuppofed to be reflored. •, and at the fame
time prefling the piece at C, the bottom wrill turn
round, the bruifed parts defcend into the fpace under
the bottom, and the whole flower wall be at top : you
then put your hand into the mortar, and eafily break¬
ing the filk thread, which may be very ftiort as well as
fine, you take the flow’er out and prefent it to the com¬
pany.
There is an experiment fimilar to this, in which a
live bird is concealed at the bottom of the mortar, and
one that is dead is pounded in it : after which, by the
motion of the bottom, the live bird F fet at liberty.
But furely the pounding a bird in a mortar, though it
be dead, muft produce, in perfons of any delicacy,
more difguft than entertainment.
The lumi- 28. Procure a tin box ABCD (fig. I•) about eight
nous oracle, high, four wide, and two deep, and let it be
CXlXtl fixed on t^e wo°den f aT1d E. On two of the infixes
let there be a groove EG ; and in the front an opening
I, three inches wide and one high.
At the back of the box let there be a little tin door,
that opens outward, by which two rvax candles M may
be put in. Let the top of the box have a cover of the
GEItDEMAIN.
fame metal, in which there are feverai holes, and which
may be taken off at pleafure.
Provide a double glafs OP (fig. 2.) conftrucled in
the fame manner as that in the laft experiment. On
one of its fides you are to pafte a black paper, the
747
Mifcella-
neous Per¬
formances.
length of which is to be divided into three parts, and
the breadth into fifteen; in every two of thefe fifteen
divifions you cut out letters, which will make in the
whole three anfwers to three queftions that may be
propofed. On the other fide of the glafs pafte a very
thin paper, and to the top faften a fmall cord, by which
they may be made to rife or defcend in the groove
FG. *
Then take a flip of pafteboard RS (fig. 3.), one inch
and a half wide and three inches long, which is to be
divided into fifteen equal parts fimilar to thofe of the
paper OP, and cut out fpaces, as in the figure, fo that
this paper, Aiding horizontally before OP, will either
cover or conceal the letters cut in that.
This pafteboard is to Aide between two brafs wires,
and is to be faftened to one fide of the box, by a firing
that communicates with a fmall brafs fpring ; and to
the other fide, by a firing faftened to the box by a
fmall piece of wax, fo fituated that the firing may be
eafily fet at liberty by the heat of the candles placed in
the box.
Take a parcel of cards, and write on them different
queftions, three of which are to correfpond rvith the
anfwers on the glafs. Shuffle £hefe cards, and let a
perfon draw any one of the three queftions. T hen by
raifing the glafs you bring the anfwer againft the hole
in the front of the box. You next place the candles in
the box, the heat of which will melt the wax that
holds the paper RS, which being then drawn by the
fpring, the anfwer will be viable } and in proportion as
the compofition between the glaffes becomes diluted
by the increafe of the heat, the letters will become
more ftrongly illuminated.
The letters cut in the paper may be made to anfwer
feverai different queftions, as has been explained in
other experiments j and the whole parcel of cards may
confift of queftions that may be anfwered by one or
other of the three divifions in the paper.
29. Make a thin box ABCD (fig. 4.), with a co-A flower
ver M, that takes off. Let this box be fapported byP^l“d
the pedeftal FGHI, of the fame metal, and on which a(hes> "
there is a little door L. In the front of this box is
to be a glafs O. ^
In a groove, at a fmall diftance from O, place a
double glafs of the fame fort with that in the laft expe¬
riment. Between the front and back glaffes place a
fmall upright tin tube fupported by the crofs piece R.
Let there be alfo a fmall chafingdifh placed in the
pedeftal FGHI. The box is to be open behind. You
privately place a flower (q_) in the tin tube R ; and
prefenting one that refembles it to any perfon (r), de¬
fire him to burn it on the coals in the chafingdifh.
You then ftrew fome powder over the coals, which
may be fuppofed to aid the allies in producing the
flower *, and then put the chafingdifh in the pedeftal,
5 B 2 under
(iq) This flower muft not be placed fo near as to make it in the leaft degree vifible.
Tr') You may prefent feverai flowers, and let the perfon choofe any one of them. In this cafe, while he is
burning
74?
Mifcella-
r-eous Per h°X‘ A3 t1ne ^eat ^ degrees melts the com-
formances” Poflti0n th\ the flower will gradually
v'—J aPPear 5 but when the chafmgdilh is taken away, and
tne power of the alhes is fuppofed to be removed, the
notver loon difappears.
legerdemain.
Sea. IV.
For entertaining experiments, illufttms, Sec. of a phi- Mifcella-
loiophical nature, fee the articles Acoustics, Catop- neous Psr-
trics, Chromatics, Dioptrics, Ptrotlchnics, Sci- lformances-
LNCE, A mu foments of. ' v *
LEG
Leghorr..6’ . LEGER Line, in Mn/tc, one added to the ftaff of
1 ^ hve lines, when the alcendmg ©r delcending notes run
very high or low' j there are fometimes many of thefe
lines both above and below the ftafF, to the number of
four or five.
LEGHORN, anciently called Liburnus Port us, but
by the modern Italians Livorno, a handfome town of
Italy, in the duchy of Tufcany, and a free port, about
30 miles fouth-weft from Florence, in the territory of
Pifa. The only defetl of the harbour is its being* too
lhallow for large Ihips. Cofmo I. had this town in
exchange for Sarzana, from the Genoefe 5 and it is the
only fea port in the duchy. It was then but a mean
unhealthy place ; but is now very handfome, and well
built, with broad, ftraight, parallel ftreets. It is alfo
well fortified 5 but w7ants good water, which muft be
brought from Pifa, 14 miles diftant. It is about two
miles in circuit, and the general form of it is fquare.
Part of it has the convenience of canals ; one of which
L five miles in length, and, joining the Arno, merchan-
dife and palfengers are thus conveyed to Pifa. The
port, confiding of two havens, one for the duke’s gal¬
leys, and the other for merchant fhips, is furrounded
with a double mole, above a mile and a half in length,
and defended, together with the town, by a good ci¬
tadel, and 1 2 forts. Roman Catholics, Jews, Greeks,
Armenians, Mahometans, and even the Englifh facto¬
ry, are indulged in the public exercife of their religion j
but other Proteftants muft be fatisfied with the pri¬
vate. The trade carried on here is very great, and
raoft of it pafles through the hands of the Jews.
Though only two piafters, or fcudi, are paid for every
bale, great or fmall, imported or exported, yet the
duties on all provifions and commodities brought from
the continent to the town are very heavy. The num¬
ber of the inhabitants is laid to be about 45,000 ; and
one third of thefe are Jews, who live in a particular
quarter, but without any mark ©f diftin&ion, and have
a fine fynagogue. They have engroffed the coral ma-
nufaftory, have a confiderable trade, and pofiefs the
chief riches of the place. The garrifon confifts of
2000 men. T. he walks on the ramparts are very
agreeable. There is good anchorage in the road ; but
fhips riding there are much expofed to the weather
and the. Barbary corfairs. The number of Englifh
tamilies in Leghorn* fome years ago, amounted to a-
bout 36 5 and they were formerly much favoured by
the government. The power of the dnquifition is limit-
L E G
ed to ecclefiaftical matters and Roman Catholics. There hegloVIL
are a great many Turkifh Haves here, brought in by the Legion-
duke s galleys, who are often lent out on° a cruize a v *
gamft the corfairs of Barbary. The lighthoufe ftands
on a rock in the fea 5 near which is the lazaretto
where quarantine is performed. Another fource, from
wdnch the duke draws a great revenue, is the monopoly
of brandy, tobacco, and fait ; but that, with the heavy
duties, makes provifions dear. The Turks, who are
not Haves live in a particular quarter, near that of the
Jew's. I he common proftitutes alfo have a particular
place aftigned them, out of which they mult not be
feen, without leave from the commiffary. The number
of. the rowers in the galleys, whether Turkifh Haves,
criminals, or volunteers, is about 2000. In the area
before the darfena or inner harbour, is a fine ftatue of
Duxe Ferdinand, with four Turkifh Haves, in bronze
chained to the pedeftal. The ducal palace is one of
the fineft ftru&ures in the town, and the ordinary refi-
dence of the governor. Leghorn is the fee of a bifliop,
and has a noble cathedral 5 but the other churches are
not remarkable. Leghorn did not efcape thofe changes
in w'hich the French revolutionary w'ar involved the
towns and ftates of Italy. E. Long. 11. o N Lat
43* 3°-
LEGIO VII. Gemina, in Ancient Geography, a
towm or ftation of that legion in Afturias. Now Leon>
capital of the province of that name in Spain.
p 6-5- S> Lat. 43.—Another Legio, a town
of Galilee ; from which Jerome determines the diftances
o the places in Galilee 5 not a bare encampment,
though the name might, originally be owing to that cir-
cumftance. It la.y 15 miles to the weft of Nazareth, be¬
tween Mount Tabor and the Mediterranean. Now
tnought to be Legune.
LEGION, in Roman antiquity, a body of foot
which confifted of different numbers at different periods
of time. The w-ord comes from the Latin legere, to
choofe •, becaufe, when the legions were raifed, they
made choice of fuch of their youth as were moft pro¬
per to bear arms.
In the time of Romulus the legion confifted of 3000
foot, and 300 horfe j though, after the reception of the
Sabines, it was augmented to 4000. In the war with
Hannibal, it w'as raifed to 5000, after this it funk to
4000 or 4x00 ; this was the number in the time of Po¬
lybius. The number of legions kept in pay together,
differed according to times and occafions. During the
confular
burning the Hower, you fetch the box from another apartment, and at the fame time put in a correfpondine
fiower, which vail make the experiment Hill more furprifing. ‘ P £
LEG • [749
Legior, confular ftate four legions were fitted up every year,
Legiilato;. arKl divided betwixt the two confuls yet we meet with
v ‘ the number of 16 or 18, as the fituation of affairs re¬
quired. Auguitus maintained a Handing army of 23 or
25 legions ; but this number in after times is feldom
found. The different legions borrowed their names
from the order in which they were raifed j hence we
read of legio prima, fecund a, tertia : but as there might
be many primes, fecundcs, tertice, &c. they wrere fur-
named from the emperors, as Augufta, Claudiana, Gal-
biana, F/avia, Ulpia, Trajana, Antoniana, &c. or from
the provinces which had been conquered by their means,
as Par tide a, Scythica, Gal lie a, Arabian, &c. or from
the deities under whofe protediion the commanders had
particularly placed themfelves, as Minervia, Apolhnans,
&cc. or from the region where they were quartered, as
Cretenjis, Cyrenaica, Britannica, &c. or from particu¬
lar accidents, as adjutrix, martia, fulmi-vatrix, rapax,
viclrix.
Each legion was divided into 10 cohorts, each cohort
into 10 companies, and each company into two centu¬
ries. The chief commander of the legion wras called
legatus, i. e. lieutenant.
The ftandards borne by the legions were various ; at
firft, the ftandard was a wolf, in honour of Romulus’s
nurfe •, afterwards a hog, which animal was ufually
facrificed at the conclufion of a treaty, to indicate that
war is undertaken with a view to peace •, fometimes a
minotaur, to remind the general of his duty of fecrecy,
of which the labyrinth was an emblem, and confe-
. quently the minotaur j a horfe was alfo borne, alfo a
boar j and Marius, we are told, was the firft who chan¬
ged all thefe for the eagle.
LEGISLATOR, a lawgiver, or perfon who efta-
blitfres the polity and laws of a ftate. Such was Mo-
fes, among the Jews; Lycurgus, among the Lacede¬
monians, &c. See Mosaic Law.
The firft laws amongft the Athenians feem to have
been thofe of Thefeus *, for what we can find earlier
than this period is involved in fable. After Thefeus
came Draco the archon, whofe laws were faid, for
their feverity, to have been written with blood : by his
laws every offence was punhhed with death ; fo that
ftealing an apple, and betraying their country, were
treated as equal crimes. Thefe laws were afterwards
repealed by Solon, except fuch as related to murder :
Ey way of diftinftion, Draco’s laws were called Qirpot,
and Solon’s Nopoi. The laws of Solon were in a great
mealure fufpended during the ufurpation of Pififtratus ;
but, after the expulfion of his family, w’ere revived with
fome additions by Clifthenes. After this, the form of
of government was again changed, firft by the four hun¬
dred, and afterwards by the thirty tyrants; but thefe
ftorms being over, the ancient laws were again reftored
in the archonfhip of Euclides, and others eftablifhed
at the inftances of Diodes, Ariftophon, and, laft of all,
of Demetrius the Phalerian. This is a Ih'ort Iketch of
the hiftory of the Athenian legiflation, before that
ftate fubmitted to the Roman yoke. But many law's
wrere enaded by the fuffrages of the people on parti¬
cular exigencies ; the decrees of the fenate continued
to have the force of laws no longer than a year. If a
new law was to be prppofed to the affembly, it was ne-
ceffary to write it upon a white tablet, and fix it up
] L E 1
fhould be caught by furprife. The laxvs were carefully Legitima.
revifed every year ; and if any of them, from a change t c’n
of circumftances, were found unfuitable or prejudicial, Leibnitz,
they w'ere repealed : This was called ^Tri^u^ofovtse. tmv —y—
vif-tav, becaufe the fuffrages were given by holding up
of hands. The firft laws amonglt the Grecians were
unwritten and compofed in verfe, that the common
people might with more eafe commit them to memory.
Solon penned his laws upon xvooden tablets, called
Afovs? ; and fome authors with great probability affert,
that they were written in the manner called
from left to right, and from right again to left, in the
fame manner as oxen walk the furrows in plowing,
thus,
EK AIOE AP
Y0S3WUX
fome days before the meeting, left their judgement
It was againft the law for any perfon to erafe a decree y
and certain perfons, called were appointed
to prevent any corruption ; whole bufinefs it was alfa
to tranferibe the old and enter the new ones.
At Rome the people were in a great meafure their
own legillators 5 though Solon may be faid, in fome
fenfe, to have been their legiflator, as the decemviri,
who were created for the making of laws, borrowed a
great number from thofe of Solon. See Lex.
With us the legiflative power is lodged in the king,
lords, and commons affembled in parliament. See Law
and Parliament.
LEGITIMATION, an aft whereby illegitimate
children are rendered legitimate. See Bastard.
LEGITIME, in Scots Laiv, that ftiare of the move-
able effefts belonging to a hulband and wife, which up¬
on the huiband’s death falls to the children. See Law
Index.
LEGUMEN, or Pod, in Botany ; a fpecies of feed-
veffel which has two valves or external openings en-
clofing a number of feeds that are faftened along one
future only. In this laft circumftance the feed-veffel
in queftion differs from that termed by botaniftsJiliqua,
in which the enclofed feeds are faftened alternately to
both the futures or joinings of the pod.
The feed-veffel of all the pea bloom or butterfly-
fhaped flowers, the diadelphia of Linnaeus, is of this
pod kind. Such, for inftance, is the feed-veffel of the
pea, vetch, lupine, and broom.
LEGUMINOUS, an appellation given to all plants
whofe fruit is a legumen.
LEIBNITZ, Godfrey William de, an eminent
mathematician and philofopher, was born at Leipfic
in Saxony in 1646. At the age of 15 years, he applied
himfelf to mathematics at Leipfic and Jena 5 and in
1663, maintained a thefis de Principiis Individuationis.
The year following he was admitted mailer of arts.
He read with great attention the Greek philofophers 5
and endeavoured to reconcile Plato with Ariftotle, as
he afterwards did Ariftotle with Des Cartes. But the
ftudy of the law was his principal view •, in which fa¬
culty he was admitted bachelor in 1665. The year
following he w'ould have taken the degree of doftor j
but xvas refufed it on pretence that he was too young,
though in reality becaufe he had raifed himfelf feveral
enemies by rejefting the principles of Ariftotle and the
fchoolmen. Upon this he went to Altorf, where he
maintained a theiis de Cajibus Perplexis, with fuch ap-
LEI [ 7-0
LefbnftSnfl^^’ ^ ^ the de^ree of do^01' conferred on tes.
Philo&phv. nra.‘ miSht iave ^ttled to great advantage at
c-—v— ■ ■ d ai,s : cut as it would have been neceffary to have
embraced the Roman Catholic religion, he refured all
oilers. In 1673, he. went to England ; where he be¬
came acquainted with Mr Oldenburg, fecretary of
the Royal Society, and Mr John Collins, fellow of
that fociety. In 1676, he returned to England, and
thence went into Holland, in order to proceed to
Hanover, where he propofed to fettle. Upon his ar¬
rival there, he applied himfelf to enrich the duke’s li¬
brary with the beft books of all kinds. The duke dy¬
ing m 1679, his fucceffor Erneid Auguftus, then hi¬
lltop of Ofnaburgh, ihowtd our author the fame fa¬
vour as his predeceffor had done, and ordered him to
write the hiflory of the houle of Erunfwick. He un¬
dertook it, and travelled over Germany and Italy in
order to colleft materials. The ekdor of Branden-
burgh, afterwards king of Pruffia, founded an acade¬
my at Berlin iy his advice 5 and he wras appointed
perpetual prefident, though his affairs would not per¬
mit him to refide conftantly at Berlin. He nrojedled
an academy of the fame kind at Drefden ; and this de-
fign would have been executed, if it had not been pre¬
vented by the confufions in Poland. He was engage:1
likewdfe in a fcheme for an univerfal language. Ills
writings had long before made him famous over all
Europe. Belide the office of privy counfellor of juf-
tice, which the eleftor of Hanover had given him, the
emperor appointed him in 1711 aulic counfellor; and
the czar made him privy counfellor ofjuflice, w-ith a
penfion of 1000 ducats. He undertook at the fame
time the efiabliffiment of an academy of fcience at
\ ienna ; but the plague prevented the execution of it.
However, the emperor, as a mark of his favour, fel¬
led a penfion on him of 2000 florins, and promifed
him another of 4000 if he would come and refide at
Vienna. He would have complied with this offer, but
he was prevented by death in 1716. His memory was
fo ffrong, that in order to fix any thing in it, he had
no more to do but to write it once; and he could even
in his old age repeat Virgil exaflly. He profeffed
the Lutheran religion, but never went to fermon ; and
upon his deathbed, his coachman, who w'as his fa¬
vourite fervant, defiring him to fend for a miniller, he
refufed, faying, 6e had no need of one. Mr Locke and
Mr Molyneux plainly feem to think that he was not
fo great a man as he had the reputation of being.
Foreigners afcribed to him the honour of an invention,
of which, it is faid, he received the firfl hints from
Sir Ifaac Newton’s letters, who had difcovered the
method of fluxions in 1664 and 166c. But it would
be tedious to give a detail of the difpute concerning
the right to that invention. See Fluxions.
LEIBNITZIAN Philosophy, or the philofophy
of Leibnitz, is a fyftem of philoibphy formed and pub-
’ liflied by its author in the laft century, partly in emen¬
dation of the Cartefian, and partly in oppofition to the
Newtonian. The bafis of Mr Leibnitz’s phjjbfophy
was that of Des Cartes; for he retained the Cartefian
fubtile matter, with the univerfal plenitude and vor¬
tices ; and reprefented the univerfe as a machine that
ffiould proceed for ever by the laws of mechanifm, in
the moll perfed ftate, by an abfolute inviolable nfcef-
fity, though in feme things he differs from Des Car-
2
] LEI
A ter Sir Ifaac Newton’s philofophy was pub-LeibniizIaA
lilhed in 1687, he printed an effay on the celellial mo-Phiiol~uP1‘y-
tions, Act. Erud. 1689, where he admits of the circu-' ^ v~
lation of the ether with Des Cartes, and of gravity
with Sir Ifaac Newton ; though he has not reconciled
thefe principles, nor fhown how gravity aroie from the
impulfe of this ether, nor how to account for the pla¬
netary revolutions, and the laws of the planetary mo¬
tions in their refpeflive orbits. That which he calls
the harmonica! circulation, is the angular velocity of any
one planet, which decreafes from the perihelium to the
aphelium in the fame proportion as its diftance from
the fun increafes ; but this law does not apply to the
motions of the different planets compared together :
becaufe the velocities of the planets, at their mean di-
ftances, decreafe in the fame proportion as the iquare
roots of the numbers exprefling thofe dillances. Be-
fides, his fyftem is defe&ive, as it does not reconcile
the circulation of the ether with the free motions of
the comets in all direflions, or with the obliquity of
the planes of the planetary orbits; nor refolve other
objeftions to which the hypothefts of the plenum and
vortices is liable. Soon after the period juft mention¬
ed, the difpute commenced concerning the invention of
the method of fluxions, which led Mr Leibnitz to take
a very decided part in oppofition to the philofophy of
Sir Ifaac Newton. From the wifdom and goodnefs of
the Deity, and his principle of a fufficient reafon, he
Concluded that the univerfe was a perfect work, or the
beft that could poffibly have been made ; and that other
things, which were incommodious and evil, were permit¬
ted as neceffary confequences of what was beft : the
material fyftem, confidered as a perfeft machine, can
never fall into diforder, or require to be fet right ; and
to fuppofe that God interpofes in it, is to leffen the fkill
of the Author, and the perfeftion of his work. He
exprefsly charges an impious tendency on the philofophy
of Sir Ifaac New'ton, becaufe he afferts, that the fabric
of the univerfe and courfe of nature could not continue
for ever in its prefent ftate, but would require, in pro-
cefs of time, to be re-eftabliftied or renewed by the
hand of its Former. The perfeflion of the univerfe,
by reafon of which it is capable of continuing for ever
by mechanical laws in its prefent ftate, led Mr Leib¬
nitz to diftinguifli between the quantity of motion
and the force of bodies ; and, whilft he owns, in oppo¬
fition to Des Cartes, that the former varies, to main¬
tain that the quantity of force is for ever the fame in
the univerfe, and to meafure the forces of bodies by the
fquares of their velocities.
This fyftem alfo requires the utter exclufion of
atoms, or of any perfectly hard and inflexible bodies.
The advocates of it allege, that according to the law
of continuity, as they call a law of nature invented for
the fake of the theory, all changes in nature are pro¬
duced by infenfible and infinitely fmall degrees ; fo that
no body can, in any cafe, pafs from motion to reft, or
from reft to motion, without paffing through all pof-
fible intermediate degrees of motion : whence they con¬
clude, that atoms or perfe&ly hard bodies are impof-
fible : becaufe if two of them ffiould meet with equal
motions, in contrary diredlions, they would neceffarily
flop at once, in violation of the law of continuity.
Mr Leibnitz propofes two principles as the founda¬
tion of all our knowledge ; the firft, that it is impof-
, fible
LEI [ 751 ] , LEI
Leibnitz1 anfible for a thing to be and not to be at the fame time,
Philofcphy. which, he favs, is the foundacion of fpeculative truth :
v~ the other is, that nothing is without a fufficient rea-
fon why it fhould be fo rather than otherwife j and by
this principle, according to him, we make a tranfition
from abftratded truths to natural philofophy. Hence
he concludes, that the mind is naturally determined,
in its volitions and elections, by the greateft apparent
good, and that it is impoffible to make a choice be¬
tween things perfeflly like, which he calls indifcern-
ibles ; from whence he infers, that two things perfect¬
ly like could not have been produced even by the Dei¬
ty : and he rejeCls a vacuum, partly becaufe the parts
of it mutt be fuppofed perfeClly like to each other.
For the fame reafon he alfo rtjeCls atoms, and all fi-
milar particles of matter, to each of which, though
diviiible in infinitum, he afcribes a monad ( Act. Lipfiae
1698, p. 435 ) or aClive kind of principle, endued,
as he fays^, with perception and appetite. The effence
of fubftance he places in aClion or activity, or, as he
expreffes it, in fomething that is between acting and
the faculty of aCting. He affirms abfolute reft to be
impoffible ; and holds motion, or a fort of nifus, to be
eflential to all material fubftances. Each monad he
defcribes as reprefentative of the whole univerfe from
its point of fight \ and after all, in one of his letters
he tells us, that matter is not a fubftance, but a fub-
Jiantiatum, or phenomena bien fonde. He frequently ur¬
ges the comparifon between the effeCts of oppofite mo¬
tives on the mind, and of weights placed in the leaks
of a balance, or of powers aCling upon the fame body
with contrary directions. His learned antagonift Dr
Clarke denies that there is a firnilitude between a ba¬
lance moved by weights, and a mind afting upon the
view of certain motives} becaufe the one is entirely
palfive, and the other not only is afted upon, but a£ts
alfo. The mind, be owns, is purely paffive in receiv¬
ing the impreffion of the motive, which is only a per¬
ception, and is not to be confounded with the power
of aCiing after, or in confequence of, that perception.
The difference between a man and a machine does not
confiff only in fenfation and intelligence, but in this
power of a6ling alfo. The balance, for want of this
power, cannot move at all when the weights are equal;
but a free agent, he fays, when there appear two per-
feftly alike reafonable ways of ailing, has ftill within
itfelf a power of choofing 5 and it may have ffrong and
very good reafons not to forbear.
The tranflator of Mofheim’s Ecclefiaftical Hiffory
obferves, that the progrefs of Arminianifm has de¬
clined in Germany and feveral parts of Switzerland, in
confequence of the influence of the Leibnitzian and
Wolfian philofophy. Leibnitz and Wolf, by attacking
that liberty of indifference, w hich is fuppofed to im¬
ply the power of ailing not only without, but againft,
motives, flruck, he fays, at the very foundation of the
Arminian fyllem. He adds, that the greatell poflible
perfeilion of the univerfe, confidered as the ultimate
end of creating goodnefs, removes from the doitrine
of predefiination thofe arbitrary procedures and nar¬
row views with which the Calvinifts are fuppofed to
have loaded it, and gives it a nerv, a more plcafing,
and a more philofophical afpeil. As the Leibnitzians
laid down this great end as the fupreme objeit of God’s
univerfal dominion, and the hope to which all his dif-
penfations are direiled ; fo they concluded, that if this Le
end was propofed, it muff be accompliffied. Hence
the doilrine of neceflity, to fulfil the purpofes of a pre-
deftination founded in wifdom and goodnefs j a ne-
cefiity, phyfical and mechanical, in the motions of ma¬
terial and inanimate things, but a neceffity moral and
fpiritual in the voluntary determinations of intelligent
beings, in confequence of propellent motives, which
produce their effecls with certainty, though thefe ef-
feds be contingent, and by no means the offspring of
an abfolute and effentially immutable fatality. Thefe
principles, fays the fame writer, are evidently applicable
to the main dodrines of Calvinifm •, by them predefti-
nation is confirmed, though modified with refped to
its reafons and its end ; by them irrefiftible grace (ir-
refiftible in a moral fenfe) is maintained upon the hy-
pothefis of propellent motives and a moral neceffity:
the perfeverance of the faints is alfo explicable upon
the fame fyftem, by a feries of moral caufes producing
a feries of moral effeds.
LEICESTER, the capital of a county of the fame
name in England, upon the river Leire, now called
Soure, From its fituation on the Foffe way, and the
many coins and antiquities difeovered here, it feems
probable that it was a place of fome note in the time
of the Romans. In the time of the Saxons it was a
biihop’s fee, and afterwards fo repaired and fortified
by Edelfiida, that it became, according to Matthew
Paris, a moft wealthy place, having 32 parifli churches*,
but in Henry the Second’s reign it was in a manner
quite ruined, for joining in rebellion againfl him with
Robert earl of Leicefter. In the reign of Edward III.
however, it began to recover by the favour of his fon
Henry Plantagenet, duke and earl of Lancalter, who-
founded and endowed a collegiate church and hofpital
here. It is a borough and corporation, governed by
a mayor, recorder, fteward, bailiff, 24 aldermen, 48
common council men, a folicitor, a towm clerk, and
two chamberlains. It had its firff charter from King
John. The freemen are exempt from paying toll in
all the fairs and markets of England. It has three
holpitals *, that mentioned above, built by Henry Plan¬
tagenet duke of Lancaller, and capable of fupporting
100 aged people decently j another, ere&ed and en¬
dowed in the reign of Henry VIII. for 12 poor lazars ;
and another for fix poor w'idows. The caftle was a
prodigious large building, where the duke of Lan-
cafter kept his court. The hall and kitchen Hill re¬
main entire, of which the former is very fpacious and
lofty ; and in the tower over one of the gateways is
kept the magazine for the county militia. There was a
famous monaftery here, anciently called from its fitua¬
tion in the meadows, St Mary de Pratis or Prex In
thefe meadows is now the courfe for the horfe race,
It is faid that Richard III. \yhowas killed at the battle
of Bofworth, lies interred in St Margaret’s church.
The chief bufinefs of Leicefter is the ftocking trade,
which hath produced in general to the amount of
60,cool, a-year. In a parliament add here in the
reign of Henry V. the firft law for the burning of
heretics was made, levelled againft the followers of
Wickliffe, who was redlor of Lutterworth in this
county, and where his pulpit is faid ftill to remain.
The town fuffered greatly in the civil wars, by two
lieges upon the back of one another. It has given
the.
l-eitefter-
fhire
Jl .
Leighlin.
LEI
the title of ear/ to feveral noble families. ^ FtclcIll.
earl was created in 1784, and is the marquis of Town-
fliend’s fqn. Its market on Saturday is one of the
gieateft in England for provilions, efpecially for corn
and cattle ; and it has four fairs in the year.
Leicestershire, an inland county of England, in
form almoft circular. It has Nottinghamfhire and
Lerbylliire to the north ; Rutlandfhire and Lincoln-
ihore on the eaft j Warwickfliire on the weft, from
which it is parted by the Roman military way called
at ling Jl reel; and by Northampton (hire on the fouth j
■and is about 170 miles in circumference. As it lies
at a great diftance from the fea, and is free from
bogs and marlhes, the air is fweet and wholefome. It
is a champaign country in general, and abundantly
fertile in corn and grafs, being watered by feveral ri¬
vers, as the Soure, or Sare, which pafles through the
middle of it, and abounds in excellent falmon and other
fhh ; the Wreke, Trent, Eye, Senfe, Auker, and
Aven. Thefe rivers being moftly navigable, greatly
facilitate the trade of the county. In fome parts
there is a great fcarcity of fuel, both wood and coal ^
but in the more hilly parts there is plenty of both,
together with great flocks of ftieep. Befides wheat,
barley, oats, and peafe, it produces the beft beans in
England. They grow fo tall and luxuriant in fome
places, particularly about Barton in the Beans, that
they look, towards the harveft time, like a foreft ; and
tne inhabitants eat them not only when they are green
as in other places, but all the year round ; for which
reafon their neighbours nickname them bean bellies.
They have plenty of very good wool, of which they
not only make great quantities of ftockings, but fend
a great quantity unmanufadlured into other parts of
England. They make great profit of their corn and
pulfe ; and likewife breed great numbers of coach and
dray, horfes, moft of the gentlemen being graziers j
and it is not uncommon to rent grafs farms from 500I.
1.0 2 cool, a-year. It is in the midland circuit, and
diocefe of Lincoln : and fends four members to parlia¬
ment, two for Leicefter, and twm for the county.
LEIGH, Sir Edward, a very learned Englifti-
man, was born at Shaw’el in Leicefterlhire, and edu¬
cated at Magdalen hall, Oxford. He was a member
cff the long parliament, and one of the members of the
houfe of commons who were appointed to fit in the af-
fembly °f divines. He was afterwards colonel of a re¬
giment for the parliament; but in 1648 was numbered
among the Prefbyterians who were turned out, and
in December he was imprifoned. From this period to
the Reftoration he employed himfelf in w-riting a con-
fiderable number of learned and valuable books, which
ftiowed profound learning, a knowledge of the lan¬
guages, and much critical fagacity ; and of which a
ml is given by Anthony Wood. Sir Edward died at
his houfe called Ruftiall Hall, in Staffordfliire, June 2.
1671 5 and was buried in the chancel of Rulhall
church.
LEIGHLIN, a town of Ireland, fituated in the
county of Carlow, and province of Leinfter 5 about
43 miles from Dublin, near the river Barrow. It is a
borough, and formerly returned two members to parlia¬
ment ; patronage in the biftiop of the diocefe, this being
a bilhopric united to Ferns. At the eaft end of the
church of Old Leighlin is a famous well covered with
[ 752 ] LET
The prefent great alii trees, and dedicated to St Lafarian. This Leighton,
place was formerly a city, though now a very mean vil- Leinrter*
lage, and the cathedral has been kept in good repair. v
It was.a foie bilhopric, founded in 63 2, afld joined to'
Ferns m 1600. It is reported, that Gurmundus a Da-
nilh prince was buried in this church. The laft bilhop
of Leighlm before its union with Ferns, was the right
^TdA0be? ?-raVe’ who coming by fea to be in-
italled, luffered flnpwreck in the harbour of Dublin
and perifhed in the waves. This cathedral was burnt
to the ground it is faid, by lightning; and rebuilt,
A. D 1232, then dedicated to St Lafarian or Lazari-
nus, before mentioned j fince the fees were joined it is
made ufe of as a parilh church. Leighlin bridge is
ntuated about two miles from this village ; it was de
ftroyed by the Irilh in i;77. Here are the remains of
a ealtle and of an old abbey. This is a poll town, and
has fairs in May, September, and Oftober.
LEIGHTON, Robert, archbilhop of Glafgow.
During Cromwell’s ufurpation, he was minifter of a
church near Edinburgh, and diftinguiftred himfelf by his
charity, and his averfion to religious and political dif-
putes. The minifters were then called over yearly in the
fynod, and were commonly alked, Whether they had
preached to the times ? “ For God’s fake (anfwered
Leighton, when all my brethren preach to the times,
ufter me to preach about eternity.” His moderation,
however, giving offence, he retired to a life of privacy.
But foon after, he was called by the unanimous voice
of the magiftrates, to prefide over the college of Edin¬
burgh ; where, during ten years, he difplayed all the
taients °f a prudent, wife, and learned governor.
Soon after the Reftoration, when the ill-judged affair
of introducing Epifcopacy into Scotland was refolved
on, Leighton was confecrated bifliop of Dunblane
and immediately gave an inftance of his moderation :
for when Sharpe and the other bifhops intended to en¬
ter Edinburgh in a pompous manner, Leighton remon-
ftrated agamft it; but finding that what he faid had no
weight, lie left, them, and went to Edinburgh alone.
Leighton, in his own diocefe, fet fuch a remarkable
example of moderation, that he w’as revered even by
the moft rigid of the oppofite party. He went about,
preaching without any appearance of pomp 5 gave all
he had to the poor ; and removed none of the minifters,
however exceptionable he might think their political
principles.. But finding that none of the other bilhops
would be induced to join, as he thought, properly in
the work, he went to the king, and refigned his bi-
ftropric, telling him he would not have a hand in fuch
oppreffive meafures. Soon after, the king and coun¬
cil, partly induced by this good bifliop’s remonftrances,
and partly by their own obfervations, refolved to carry
on the caufe of Epifcopacy in Scotland on a different
plan j and with this view, Leighton w'as perfuaded to
accept of the archbilhopric of Glafgow, on which he
made one effort more ; but finding it not in his power
to ftem. the violence of the times, he refigned his arch-
bifhopric, and retired into Suffex, where he devoted
himfelf to a61s of piety. He died in the year 1684.
He. was of a moft amiable difpofttion, Ilri61 in his life,
polite, cheerful, engaging in his manners, and pro!
foundly learned. He left many fermens and ufeful
tradls, which are greatly efteemed.
LEINS i ER, the eaftern province of Ireland, bound¬
ed
LEI [ 753 ] LEI
Leipfic, ed by Ulfler on the north ; St George’s, or the Irilh
Leith. channel, on the eaft and fouth ; and by the provinces
v of Connaught and Munfter on the weft. The capital
city of this province and of the kingdom is Dublin.
It contains 12 counties, viz. Carlow, Dublin, Kil¬
dare, Kilkenny, King’s county, Longford, Louth,
Meath, Queen’s county, Weft Meath, Wexford, and
Wicklow. It is the moft level and beft cultivated pro¬
vince in the kingdom j containing 2,642,958 Irifli
plantation acres, 858 parilhes, 99 baronies, and 53
boroughs; it is about 124 miles long and 74 broad,
and extends from 51® 45' to 55° 45' north latitude.
Dermond king of Leinfter marrying his daughter Eva
to Strongbow earl of Pembroke, on his deceafe made
Kim his univerfal heir 5 whereby the earl inherited
the province of Leinfter, and was afterwards enfeoft-
ed of it by Henry II. He died in 1176, and left an
only daughter Ifabel, efpoufed to William Marlhal earl
of Pembroke 5 by her he had five fons, who fucceed-
ed to his great eftates in Leinfter. This province
gives title of duke to the ancient and noble family of
Fitzgerald. In the early ages, this diftrift was almoft
one continued foreft, and was principally the feat of
the Kinfelaghs.
LEIPSIC, a large, ftrong, and populous town of
Mifnia in Germany, with a caftle, and a famous uni-
verfity. It is neat, and regularly built, and the ftreets
are lighted in the night 5 it carries on a great trade,
and has a right to flop and fell the merchandifes de-
figned to pal's through it, and the country for 75 miles
round has the fame privilege. There are three great
fairs every year j at the beginning of the year, Eafter
and Michaelmas, which laft 15 days each. There are
fix handfome colleges belonging to the univerfity, be-
fides the private colleges. The townhoufe makes an
indifferent appearance, but the exchange is a fine ftruc-
ture. The town was taken by the king of Pruflia in
the late war, but given up by the peace in 1763. It
is feated in a plain between the rivers Saale and Muld,
near the confluence of the Playffe, the Elfter, and the
Barde. E. Long. 12. 55. N. Lat. 51. 19.
LEITH, (anciently called Inverleith), the port of
Edinburgh, is feated on the banks of the Forth, about
two miles from the capital. It is built on both fides of
the harbour; by which it is divided into two parts, called
Nori/i and South Leith. The communication between
thefe was by a ftone bridge of three arches founded by
Robert Ballentyne abbot of Holyroodhoufe in 1493, but
Ibme time ago pulled down. The harbour is formed by
the conflux of the rivulet called the Water of Leith with
the frith of Forth. The depth of water, at neap tides, is
about nine feet •, but in high fpring tides, it is about
16 feet. In the beginning of the 18th century, the
town council of Edinburgh improved the harbour at
an enormous expence, by extending a ftone pier a con-
fiderable way into the fea. In 1777, they erected an
additional ftone quay towards its weft fide. Upwards
of 100 ftiips could then lie conveniently in this port :
but it can now admit of a much greater number, in con-
lequence of having lately undergone great improve¬
ments. In order to enlarge it, the old bridge was
pulled down, and an elegant drawbridge erebted a
little to the eaftward of the former file. It is accom¬
modated with wet and dry docks, and other conveni¬
ences for (hip-building, which is there carried on to
Vol. XL Part II.
fome extent, as veffels come to Leith to be repaired Leith,
from all parts of Scotland. Anew bafon was com-1 “v~“
pleted and opened in 1805, which affords a fafe and
convenient ftation for trading veffels. The road of
Leith affords good anchorage for (hips of the greateft
fize.
About the clofe of the American war, when the
people were alarmed by the appearance of Paul Jones
in the frith with no more than three armed veflels,
threatening to deftroy all the (hips in the roads and
harbour, a battery was erefted to the weftward of the
citadel, mounting nine guns. A party of artillery with
a confiderable park is conftantly ftationed at the bat-*
tery, which is kept in excellent repair.
The harbour of Leith was granted to the Commu-'
nity of Edinburgh by King Robert in 1329 j but the
banks of the harbour belonged to Logan of Reftalrig,
a turbulent and ambitious baron, from whom the citi¬
zens wrere under the neceftity of porchafing the bank
or wafte piece of ground between the houfes and the
rivulet above mentioned, for the purpofes of wharfs, as
well as for erefling (hops and granaries, neither of
which they could do before. As the fituation of Leith,
however, is much more convenient for trade than that
of Edinburgh, which is two miles diftant from the har¬
bour, the inhabitants of the metropolis have fallen upon
various methods of reftraining the trade of Leith. They
firft purchafed, from Logan of Reftalrig, an exclufive
privilege of carrying on every fpecies of traffic in the
town of Leith, and of keeping warehoufes and inns
for the entertainment of ftrangers in that place; and
in 1483, the town council prohibited, under fevere
penalties, the citizens of Edinburgh from taking
into partnerffrip any inhabitant of Leith. To free
themfelves from this oppreflion, the people of Leith
purchafed the fuperiority of their town from Logan of
Reftalrig for 3000I. Scots, and it was eretffed into
a burgh of barony by the queen regent, Mary of Lor¬
raine, who promifed to ere£t it into a royal borough.
She died, however, before this was accompliihed ;
and upon her death, Francis and Mary, in violation of
the private rights of the people of Leith, refold the
fuperiority to the town of Edinburgh, to whom it has
fince been confirmed by grants from fucceffive fov£r
reigns.
On the breaking out of the difturbances at the Re¬
formation, the queen regent caufed the vrhole town to
be fortified, that the French troops might have a more
ready inlet into the kingdom. It was accordingly
furrounded with a wall, having eight baftions : but
this wall went no farther than the ftreet nowr called
Bernard's nook, becaufe at that time the fea came
up the length of that ftreet-, and even as late as 1623,
a houfe fituated exadlly where the weigh-houfe is at
prefent, is defcribed as bounded on the eaft by the
“ fand of the fea-fliore.” All that fpace, therefore,
on which the row of houfes neareft the harbour of
Leith now7 (lands, has been gained fince that time
from the fea.
In the time of Charles I. a fortification was erefted
at Leith by the Covenanters. Cromwell built a ftrong
fort at the place dill called the citadel in North Leith-,
but it w-as pulled down on the reftoration of Charles II.
by order of government. A gate with portcullifes
are the prefent remains of that fortification.—A pa-
5 C lace
LEI [ 754 ] L E I
Leith, lace alfo appears to have formerly Rood here, fituated
v ' at the north-eaft boundaries of the former town, on
the fpot where the prefent weigh-houfe Hands. It
was deftroyed by the Englifh in the time of Henry VIII.
The remains of this building, called the king's work,
with a garden, and a piece of waile land that furround-
ed it, was erefled into a barony by James VI. and
bellowed upon Bernard Lindfay of Lochill, groom
of the chamber to that prince. He is faid to have
fully repaired, and appropriated it to the recreations
of the court} but it foon fell from its dignity, and be¬
came fubfervient to much more ignoble purpofes. The
tennis court was converted into a weigh-houfe; and
the ftreet which bounds it Hill bears the name of the
founder, from whence it is called Bernard's nook.
As Leith lay within the parilh of Reftalrig, the
church of Reltalrig was of confequence the place of
worlhip for the inhabitants of Leith j but in 1650
the Affembly ordered that church to be pulled down
as a monument of idolatry, fo that Leith wanted a
parilh church for upwards of 50 years. During that
period they reforted for worlhip to a large and beau¬
tiful chapel already built, and dedicated to St Mary,
wdiich is now called South Leith Church ; and in 1 609
this chapel was by authority of parliament declared
to be the parilh church of the dillridt : fo that Reftal-
rig is now in the parilh of South Leith, as the latter
was formerly in that of Reftalrig. In 1772, a chapel
of eafe was erefted by the inhabitants, as the parilh
church was infufficient to contain the number of hear¬
ers. There are alfo an Epifcopal and feveral diffenting
congregations in Leith. North Leith is a parilh by
itfelf, and the church which is propofed (1807) to be
rebuilt, is lituated at what was the north end of the
old bridge.
Though a very great trade is carried on between
Leith and many foreign ports, yet the articles of ex¬
port and import llu61uate fo much, that it would be
ufelefs to enter into any details either as to fpecies or
quantity. In general, the imports from France, Spain,
and Portugal, are wines, brandy, and fruits; from
the Weft Indies and America, rice, indigo, rum, fu-
gar, and logrvood. But the principal foreign trade ol
Leith is by the eaftern feas, for the navigation of which
it is moft happily lituated. To Germany, Holland,
and the Baltic, it exports lead, glals ware, linen and
woollen liuffs, and a variety of other goods, and from
thence_ it imports immenfe quantities of timber, oak
bark, hides, linen rags, pearl alhes, flax, hemp, tar, and
many other articles. The Baltic trade has long been
carried on to a great extent, owing no doubt to the vaft
increafe of new buildings in Edinburgh and its envir¬
ons, The coafting trade is a principal branch for the
Hupping at L^ith, including thofe which belong to other
ports on the Forth, which are faid to make about one-
fourth of the tonage of the Leith veffels. The thips
employed in the London trade are in general of a large
fize, elegantlv condrinfted, well manned, and furnilh-
ed with excellent accommodations for paffengers. The
iargeft drips in this port, however, are thofe employed
in the Greenland fifhery.
The dripping at Leith renders the demand for ropes,
fail cloth, and cordage, very confiderable. Different
companies who carry on thefe manufadlures, beddes
private perfons who deal lefs confiderably. The firft
of thofe companies was eftablidred in the beginning of Leith.
the r 8th century. This has proved a profperous and ' v—“
lucrative concern.
In the middle of the x 7th century, a manufactory of
green glafs was eftablhhed at the citadel of Leith.
Chopin bottles were fold at 4s. 6d. per dozen, and
other bottles in proportion. Soon afterwards this ar¬
ticle wras manufaftured alfo in North Leith ; and in
1707, chopin bottles were fold at 2s. 6d. per dozen,
and fo on proportionably. That houfe being burnt
down in 1746, a new houfe was built the following
year on South Leith fands, and an additional one in
1764. Two companies are now (1807) engaged in
the glafs manufadfure *, the one for common bottles, and
the other for window glafs and cryftal ware of all
forts.
Manufa&ures of foft foap and candles were erected
by St Clair of Roftin and fame merchants; the for¬
mer in 1750, and the latter in 1770: a manufadture
of hard foap was alfo eftabliihed in 1770. Befides
thefe, there are a confiderable manufadlure for making
cards with which wool is combed, a great carpet fac¬
tory, and feveral iron forges. There was alfo a fugar
houfe: but it has been given up, as has likewife Mr
St Clair’s foap w7ork.
There is befide a branch of the Britilh Linen Com¬
pany, a banking houfe in Leith, called the Leith Bank¬
ing Company, who iffue notes and carry on bufinefs to a
confiderable extent. An elegant building for the ac¬
commodation of this company is now (1807) eredting.
The inhabitants of Leith were divided into four
claffes j and thefe eredfed into corporations by the queen
dowager, Mary of Lorraine. Thefe were mariners,
maltmen, trades, and traffickers. The firft of thefe
confifted of Ihipmafters and failors •, the fecond, of
malt-makers and brewers; the third, of coopers, ba¬
kers, fmiths, wrights, &c. •, and the fourth, of mer¬
chants and Ihopkeepers. Of thefe corporations the
mariners are the moft confiderable. They obtained
from Mary of Lorraine a gift, afterwards ratified by
William and Mary, of one penny duty on the ton of
goods in the harbour of Leith, for the fupport- of their
poor. This duty, which not many years ago did not
amount to 40!. a-year, now riles from 70I. to 120I.
as trade flourifhes. For the fame purpofe the fhip-
mafters alfo pay 6d. a pound out of their own wages
annually •, and the like fum they give upon the wages
of their failors. From thefe and other donations, this
corporation is enabled to pay from 600I. to 700I. a-
year to their poor. Oppoiite to South Leith church
there is a large houfe belonging to them, called the
Trinity Hofpital, becaufe originally confecrated to the
Holy Trinity. In this houfe fome of their poor ufed
formerly to be maintained, but now they are all out-
penfioners. Befides other apartments, this hofpital
contains a large handfome hall for the meetings of the
corporation. Adjoining to the fchool houfe there is
another'hofpital, called King James's Hofpital; and
bears upon its front the cypher and arms of that prince.
Here fome poor women belonging to the other corpo¬
rations are maintained.
As the town of Leith was very ill fupplied with w7a-
ter, and the ftreets were neither properly cleaned nor
lighted, an aft for remedying thefe defefts w7as paffed
in the year 1771, appointing certain perfons from a-
mong
L E L [75
"Leitrim mong the magiftrates of Edinburgh, lords of feffion,
|| inhabitants of Edinburgh and Leith, and member-s of
Leland. tine, corporations of Leith, commijjioners of police ; em-
* v ' powering them to put this a£t in execution •, and, for
that purpofe, to levy a fum not exceeding 6d. in the
pound upon the valued rent of Leith. 1 he great
change which has lince taken place on the ftreets of
Leith {hows the good eflfeft of this a&, and that it has
both been judicioufly prepared, and attentively executed.
Leith however has never been well fupplied with wa¬
ter j that brought in pipes from Lochend \x\ the eaftern
part of the pariih is not of a good quality, for it is not
derived from fprings.
Leith was computed to contain, in 1801, above thir¬
teen thoufand inhabitants. The government of the
town is veiled in a magiftrate fent from Edinburgh,
having admiral’s pow7er j and in two redding bailies
elefled bv the town council.
LEITRIM, a county of Ireland, fituated in the
province of Connaught, is bounded on the north by the
bay of Donnegal and part of Fermanagh, on the fouth
and well by Sligo and Rofcommon, and on the eaft
by Fermanagh and Cavan. It is a fruitful county ;
and, though mountainous, produces great herds of
black cattle ; but has few places of note. It contains
206,830 Irilh plantation acres, 21 parifhes, 5 baronies,
and 2 boroughs, and formerly fent fix members to par¬
liament ; and is about 42 miles long", and 17 broad.
Leitrim, the (hire town of the county of that
name, is pleafantly fituated on the banks of the river
Shannon, about 80 miles from Dublin j and appears
to have been formerly a place of fome note. St Mac
Liegus, fon of Cernac, was biihop here : and his fef-
tival is obferved on the 8th of bebruary.
LEIXLIP, a poll and fair town of Ireland plea¬
fantly fituated in the county of Kildare and province
of Leinfter, about 8 miles from Dublin. Near it are
the ruins of the church and caftle of Confy. The cafi'e
of Leixlip is beautifully feated on the banks of the
river Liffey •, it is a fine edifice with large and pleafant
gardens, at one fide of which is a fine waterfall called
the Salmon leap, there being plenty of that fpecies of
fifir hereabouts. A mile from tnis is Caftletown, the
magnificent feat of Mr Conolly.
LELAND, John, a celebrated Englilh antiquary,
was born in London about the year IJ0?* Having
loft his parents when a child, he had the good for¬
tune to find a friend and patron in one Mr Thomas
Miles, wLo placed him in St Paul’s fchool, of which
the grammarian Lilye was mafter. From that fchool
he was fent to Chrift’s college, Cambridge ; whence,
after fome years refidence, he removed to All Souls,
Oxford. From Oxford he went to Paris, chiefly with
a defign to ftudy the Greek language, which at that
time was but little underrtood in this kingdom. On
his return to England he took orders, and wras foon
appointed chaplain to King Henry VIII. w7ho alfo
gave him the reftory of Poppeling, in the marfhes of
Calais, appointed him his librarian, and in 1533
granted to him, by commiflion under the great leal,
the office of king’s antiquary ; an office never borne
by any other perfon before or fince. By this com-
mifiion he was empowered to fearch for ancient wait¬
ings in all the libraries of colleges, abbeys, priories,
■&c. in his majefty’s dominions. We are told by his
5 1 L E L
laft biographer, that he renounced Popery foon after | Lelarnl.
his return to England j but he quotes no authority.
Be this as it may, in I53^» obtained a difpenfa-
tion to keep a curate at Pdppeling, and fet out on his
journey in fearch of antiquities. In this employment
he fpent fix years, during which time he vifited every
part of England w7here monuments of antiquity were
to be expected. After his return, in the year 1542, he
was prefented by the king to the rich re6Iory of Haleley
in Ox ford fhire *, and in the following year he gave him
a prebend of King’s college, now Chrift’s church, in
Oxford, befides that of Eaft and Weft Knowle, in the
cathedral of Salifhury. Being thus amply provided
for, he retired to a houfe of ms ow7n in the parifh of
St Michael le Ouerne in London, where he fpent fix
years more in digefting the materials w'tiich he had
collefted. King Henry VTII. died in 1547? and in
a fhort time after, poor Leland loft his (enfes. He
was at firft feized wuth a deep melancholy, which w7as
fucceeded by a total deprivation of his reafon. In this
dreadful ftate he continued till the beginning of the
year 1552, when he ivas happily releafed by death.
He was buried in the church of St Michael le Querne,
which was deftroyed by the fire in 1666. Mr Leland is
remembered as a man of great learning, an univerfal
linguift, an excellent Latin poet, and a moft indefa¬
tigable and fldlful antiquary. On his death, King
Edward VI. gave all his papers to Sir John Checke,
his tutor and Latin fecretary of ftate. The king dying,
and Sir John being obliged to leave the kingdom, he
gave four folio volumes of Leland’s colledlions to
Humphrey Purefoy, Efq; which in 1612, w7ere by
his fon given to William Burton, author of the hiftoiy
of Leicefterfhire. This gentleman alfo became poi-
feffed of the Itinerary in 8 vols folio, which, in 1632,
he depofited in the Bodleian library. Many other of
Leland’s manufcripts, alter the death of Sir John
Checke, fell into the hands of Lord Paget, Sir Wil¬
liam Cecil, and others, which at laft fortunately came
into the poffeffion of Sir John Cotton. Thefe manu¬
fcripts were of great ufe to all our {ubfequent antiqua¬
rians, particularly Camden, Sir William Dugdale,
Stow&, Lambard, Dr Batteley, Ant. Wood, &c. His
Itinerary throughout moft parts of England and Wales,
w7as publiflied by Mr Hearne, 9 vols. 8vo, in 1710-11 *,
as was alfo his ColleBanea de rebus Britannicis, 6 vols
8vo, in 1715.
Leland, John, a diftinguifhed writer in defence of
Chriftianity, was born at Wigan in Lancaihire in 1691,
of eminently pious and virtuous parents. They took
the earlieft care to feafon his mind with proper inllruc-
tions ; but, in his fixth year, the fmall pox deprived
him of his underftanding and memory, and expunged
all his former ideas. He continued in this deplorable
ftate near a tw7elvemonth, when his faculties leemed to
fpring up anew j and though he did not retain the
lead traces of any impreffions made on him before the
diftemper, yet he now difcovered a quick apprehenfion
and ftrong memory. In a few years after, his parents
fettled in Dublin, which fituation gave him an eafy
introduction to learning and the fciences. When he
was properly qualified by years and ftudy, he was cak¬
ed to be pallor to a congregation of Pioteftant difien-
ters in that city. He was an able and acceptable
preacher, but his labours were not confined to the pul-
5 C 2 HR.
LeVg-eis
pit.
L El, [ j
J he many attacks made on Chriftlanity, and by
Ldy. r°me lvr:ters 11Q contemptible abilities, engaged him
—v—~' to confider the hubjeft with the exafteft care, and the
mob. faith:ul examination. Upon the molt deliberate
inquiry, the truth and divine original, as well as the
\ excellence and importance of Chriltianitv, appearing to
nim with great lultre, he publilhed anfwers to feveral
authors who fuccefTwely appeared in that caufe. He
was indeed a mailer in this controverfy 5 and his hillory
of it, fly led “ A View of the Deiltical Writers that
nave appeared in England in the laft and prefent Cen¬
tury, &c. is very greatly and defervedly efteemed.
in the decline of life he pubhlhed another laborious
work, entitled, “ The Advantage and Neceffity of
the Chriltian Revelation, Hi own from the State of Re¬
ligion in the ancient Heathen World, efpecially with
refpeft to the Knowledge and Worlhip of the One
true God ; a Rule of moral Duty, and a State of fu¬
ture Rewards and Punilhments : to which is prefixed,
a long and preliminary Difcourfe on Natural and Re¬
pealed Religion," 2 vols 410. ’Ibis noble and exten-
five fubjeft, the leveral parts of which have been llight-
iy and occafionally handled by other writers, Leland
nas treated at large with the greatell care, accuracy,
and. candour. And, in his, “View of the DeifHcal
W liters,” his cool and difpaffionate manner of treating
their arguments, and his folid confutation of them,
have, contributed more to deprefs the caufe of atheifm
and infidelity, than the angry zeal of warm difputants.
Rut not only his learning and abilities, but alfo his ami¬
able temper, great modefty, and exemplary life, recom¬
mended his memory to general elteem and affe£lion.
He died in 1 766.
LELEGEIS, the ancient name of Miletus, from
the Leleges, the firft inhabitants of it.
LELEGES, anciently a people of Afia, of Greek
original : the name denoting “ a colledlion of people
they.firll occupied the illands; then pafhng over to the
continent, they fettled partly in Myfia on the Sinus
Adramyttenus, and partly in that part of Ionia next Ca-
r*a• T here were Leleges alfo of Laconia. Thefe went
to the Trojan war with Altes their king. Achilles
plundered their country, and obliged them to retire to
the. neighbourhood of Halicarnaflus, where they fixed
their habitation.—The inhabitants of Laconia and of
Megara alio bore this name for fome time, from Lelex
one of their kings.
LELEX, an Egyptian who came with a colony to
Megara, where he reigned about 200 years before the
Trojan war. His fubje&s were called from him Le/e-
8es'—Alfo the name of a Greek who was the firfl: king
of Laconia in Peloponnefus. His fubje&s were alfo
called Leleges, and the country where he reigned Le-
legia.
LELY, Sir Peter, an eminent painter, was born
in Weftphalia in the year 1617. He was placed as a'
difciple with Peter Grebber at Haerlem ; and in 1641
was induced, by the encouragement Charles I. gave to
the fine arts, to come to England. He became Hate-
painter to Charles II. who knighted him j and being as
complete a gentleman as a painter, that king took plea-
fure in converfing with him. He pra&ifed portrait paint-
ing, and fucceeded fo well that he was preferred before
all his contemporaries. Hence he became perpetually
itivolved in bufinefs 5 fo that he was thereby prevented
5<5 ] L E M
from going into Italy to fimfli the courfe of his flu-
dies which in his younger days he was very defirous
oi . oh ever, he made himfelf amends, by getting the
belt drawings, prints, and paintings, of the moil cele-
brated Italian maflers. Among thefe were the better part
of the Arundel Collection, which he had from that fa¬
mily, many whereof were fold after his death at prodi-
gious rates, bei-ing upon them his ufual mark of
, advantage he reaped from this colleftion,
t le beH chofen of any one of his time, appears from
that admirable flyle which he acquired bv daily con¬
verting with the works of thofe great matters. In his
correct draught and beautiful colouring, but more efpe¬
cially nr the graceful airs of his heads, and the pleafimr
variety of his poftures, together with the gentle and
loote management of the draperies, he excelled mofl of
ms predeceiTors. Yet the critics remark, that he pre-
ferved in almofl all his female faces a drowfy fweetnefs
of tne eyes peculiar to himfelf j for which he is rec¬
koned a mannerift. The hands of his portraits are re¬
markably fine and elegantly turned 5 and he frequently
added landfcapes in the back grounds of his pictures,
in a fiyle peculiar to himfelf, and better fuited to his
fubjeft than mofl men could do. He excelled likewife
m crayon painting. He was familiar with, and much re-
fpected by, perions of the greateft eminence in the king¬
dom. He became enamoured of a beautiful Englifh
lady, to whom he was fome time after married ; and
he purchafed an eflate at Kew in the county of Surrey,
to which he often retired in the latter part of his life!
He. died of an apoplexy in 1680 at London 5 and was
buried at Covent Garden church, where there is a
marble monument erefted to his memory, with his bufi
carved, by Mr Gibbons, and a Latin epitaph, written’
as is faid, by Mr Fiatman.
LEMBERG, a town of Poland, capital of Red
Ruffia, feated in. the palatinate of Lemburg, on the ri¬
ver Pelteu. It is pretty well fortified, and defended by
two citadels, one of which is feated on an eminence with¬
out the town. The fquare, the churches, and the pub¬
lic buildings, are magnificent; and it is a large and rich
trading place. It has a Roman Catholic archbifiiop,
and an Armenian as well as a Ruffian biffiop ; but the’
Proteflants are not tolerated. The city was reduced
to the lafl extremity by the rebel Coffacs and Tar¬
tars, and was forced to redeem itfelf with a large fum
of money. In 1672, it was befieged in vain by the
Turks; but in 1704, was taken by Horm by Char. XIL
of Sweden. E. Long. 24. 46. N. Eat. 49. 51.
LEMERY, Nicholas, a celebrated chemift, born
at Rouen in Normandy in 1645. After having made
the.tour of France, he, in 1672, commenced an ac¬
quaintance with M. Martyn apothecary to Monfieur
the Prince ; and performed feveral courfes of chemiHry
in the laboratory of this chemiH at the Hotel de Conde;
which brought him to the knowledge and efleem of
the prince. He provided himfelf at length with a la-
boratory of his own, and might have been made a doc¬
tor of phyfic : but he chofe to continue an apothecary,
from his attachment to chemiftry, in which he opened
public le&ures ; and his confluence of fcholars was fo
great as fcarcely to allow' him room to perform his
operations. The true principles of chemifiry in his
Lely
il
Lernery.
time were but ill underflood ; Lemery wms the firft
who abolifhed the fenfelefs jargon of barbarous terms,
reduced
I
LEM [ 757 ] LEM
reduced the fcience to clear and flmple ideas, and pro-
mifed nothing that he did not perform. In 1681, he
was difturbed on account of his religion ; and came to
England, where he was well received by Charles II. :
but affairs not promifing him the fame tranquillity, he
returned to France, and fought for {belter under a doc¬
tor’s degree •, but the revocation of the edidt of Nantz
drove him into the Romifh communion to avpid perfe-
cution. He then became affociate chetnift and penfion-
ary In the Royal Academy of Sciences, and died in
J715. He wrote, A courfe of chemillry •, An univer-
fal pharmacopoeia ; An univerlal treatife of drugs j
and, a treatife on antimony.
LEMING, in Xoologij. See Mus, Mammalia
Index.
LEMMA, (of Xnt^xya), “ I aflame,”') in Mathema¬
tics, denotes a previous propofltion, laid down in order
to clear the way for fome following demonftration •,
and prefixed either to theorems, in order to render
their demonflvation lefs perplexed and intricate *, or to
problems, to make their refolution more eafy and fhort.
Thus, to prove a pyramid one third of a pr’dm, or pa-
rallelopiped, of the Erne bafe and height with it, the
demonftration whereof in the ordinary way is difficult
and troublefome ; this lemma may be premifed, which
is proved in the rules of progreffion, that the fum of
the ferics of the fquares, in numbers in arithmetical
progreflion, beginning from o, and going on 1, 4, 9,
16, 25, 36, &.c. is always fubtriple of the fum of as
many terms, each equal to the greateft •, or is always
one-third of the greateft term multiplied by the num¬
ber of terms. Thus, to find the inflexion of a curve
line, this lemma is firit preinifed, that a tangent may
be drawn to the given curve in a given point.
So in phyfics, to the demonftration of moft propo-
fitions, fuch lemmata as thefe are neceffary firft to be
allowed : that there is no penetration of dimenfions 5
that all matter is divifible : and the like. As alfo in
the theory of medicine, that where the blood circu¬
lates, there is life, &c.
LEMNA, Duck-meat, a genus of plants belong¬
ing to the monoecia clafs 5 and in the natural method
ranking under the 54th order, Mifcellanece. See Bo¬
tany Index.
LEMNIAN earth, Terra Lemma, a medicinal,
aftringent fort of earth, of a fatty confiftence and red-
dilh colour •, ufed in the {ame cafes as BOLE. It has
its name from the ifland of Lemnos, whence it is chief¬
ly brought. Many form it into round cakes, and im-
prefs a feal upon it; whence it is alfo called terra Ji-
gillata. A fort is faid to be imported from Sene¬
gal, which is not properly an earth, though fo called,
but compofed of the dried pulp of the fruit of the
Baobab.
LEMNIUS, Ltevinus, a famous phyfician, born at
Ziric Zee in Zealand, in 1505. He pradifed phyfic
with apnlaufe and after his wife’s death being made
prieft, became canon of Ziric Zee, where he died in
1560. He left feveral works, the principal of which
is entitled De occultir naturce mtracu/is.
LEMNOS, in Ancient Geography, a noble ifland in
the /Egean fea, near Thrace, called alfo Dipohs, from
its coniifting of two towns. The firft inhabitants were
the Pelafgi, or rather the Thracians, who were mur¬
dered by their wives. After them came the children
of the Lemnian widows by the Argonauts, whofe de-
feendants were at laft expelled by the Pelafgi, .about .
1100 years before the Chriftian era. Lemnos is about
11 2 miles in circumference according to Pliny ; who
fays, that it is often {hadowred by Mount Athos, though
at the diftance of 87 miles. It has been called Hipft-
pyle from Queen Hipfipyle. It is famous for a certain
kind of earth or chalk called terra Lemma, or terra
Jigillata, from the feal or impreflion which it can bear,
and which is ufed for confolidating wounds. As the
inhabitants were blackfmiths, the poets have taken oc-
cafion to fix the forges of Vulcan in that ifland, and to
confecrate the whole country to his divinity. Lemnos
is alfo celebrated for a labyrinth, which, according to
fome traditions, furpafled thofe of Crete and Egypt.
Some remains of it were ftill vifible in the age of Pliny.
The ifland of Lemnos was reduced under the power of
Athens by Miltiades.
LEMON. See Citrus, Botany Index.
Lemon IJland, one of the Skelig iflands fo called ;
fituated off the coaft of the county of Kerry, in the
province of Munfter in Ireland. It is rather a round
rock, always above water, and therefore no tvay dan¬
gerous to (hips. An incredible number of gannets and
other birds breed here •, and it is remarkable that the
gannet neftles nowhere on the fouthern coafts of Ire¬
land but on this rock, though many of them are feen
on all parts of our coaft on the wing. There is ano¬
ther rock on the northern coaft of Ireland remarkable
for the fame circumftance.
LEMONADE, a liquor prepared of wmter, fugar,
and lemon or citron juice, which is very cooling and
grateful.
LEMOVICES, a people of Aquitania, fituated be¬
tween the Bituriges Cubi to the north, the Arverni to
the eaft, the Cadurci to the fouth, and the Pitlones to
the wTeft. Now the Limojin and La Marche.
LEMUR, the Maucauco, a genus of quadrupeds
belonging to the order of primates. See Mammalia
Index.
LEMURES, in antiquity, fpirits or hobgoblins 5
reftlefs ghofts of departed perfons, wTho return to ter-
lify and torment the living.
Thefe are the fame with larvce, which the ancients
imagined to winder round the world, to frighten good
people, and plague the bad. For which reafon at
Rome they had lemuria or feafts inftituted to appeafe
the manes of the defundt. See Lares.
Apuleius explains the ancient notion of manes thus :
the fouls of men releafed from the bands'of the body,
and freed from performing their bodily funflions, be¬
come a kind of demons or genii, formerly called lemu-
res. Of thefe lemures, thofe that were kind to their
families were called lares familiares; but thofe who
for their crimes, were condemned to wander continu¬
ally, without meeting with any place of reff, and ter¬
rified good men, and hurt the bad, are vulgarly called
larvce.
An ancient commentator on Horace mentions, that
the Romans wrote lemures for remures; which laft
word was formed from Remus, who was killed by his
brother Romulus, and who returned to the earth to tor¬
ment him.
Lemon
!!
Lemures.
But-
L E N
Lerruria
II
Lending-
Houi’es.
[ 75? ]
L E N
Bat Apuleius obH’rves, that in the ancient Latin
tongue lemiira iignifies the foul of a man feparated from
the body by death.
J LEMURIA, or Lemuraeia, a feaft folemnized at
Rome on the 9th of May, to pacify the manes of the
dead, or in honour of the lemures.—It was inflitut-
ed by Romulus, to appeafe the ghoft of his murder¬
ed brother Remus, which he thought was continually
purfuing him to revenge the horrid crime.—The name
lemuria is therefore fuppofed to be a corruption of Re-
muria, i. e. the fealt of Remus. Sacrifices continued
for three nights, the temples were (hut up, and mar¬
riages were prohibited during the folemnity. A va¬
riety of whimfical ceremonies were performed, magical
words made ufe of, and the ghofts defired to withdraw,
without endeavouring to hurt or affright their friends
above ground. The chief formalities were ablution,
putting black beans into their mouths, and beating
kettles and pans, to make the goblins keep their di-
ftance.
LENA, a great river of Siberia in Afia, which
takes its rife in N. Lat. 50. 30. and E. Long. 1 24. 30.
from Ferro. After traverfing a large tradt of country, it
divides itfelf into five branches about Lat. 730. Three
of thefe run weftward, and two eaftward, by which it
difeharges itfelf into the Icy fea. Its three weffern
mouths lie in 1430 E. Long, from Ferro, but the
eaftern ones extend to 153. The current is everywhere
flow, and its bed entirely free from rocks. The bot¬
tom is fandy, and the banks are in fome places rocky
and mountainous. Sixteen large rivers fall into the
Lena during its courfe to the northern ocean.
LENiEA, a feftival kept by the Greeks in honour of
Bacchus, at wdiich there was much feafling and Baccha¬
nalian jollity, accompanied with poetical contentions,
and the exhibition of tragedies. The poor goat was
generally facrificed on the occafion, and treated with
various marks of cruelty and contempt, as being natu¬
rally fond of browfing on the vine (hoots.
LENCICIA, a (Irong town of Poland, and capital
of a palatinate of the fame name, with a fort feated on
a rock. The nobility of the province hold their diet
here. It (lands in a morafs on the banks of the river
Bfura, in E Long. 19. 25. N. Lat. 52. 12.
LEND NG-Houses. That it (hould have once been
conceived unlawful to exa£t intereft for the loan of mo¬
ney will not appear furprifing, when it is confidered,
that at an early period the occupations by which a man
could fupport his family were neither fo numerous nor
prodiAlive as in modern times. As money, therefore,
was at 'hat time fought to remove immediate neceflity,
thofe ho advanced it were influenced by benevolence
and friehdfhip. But on the extenfion of trade, arts,
and maimfaftures, money lent produced much more
than what was adequate to the borrower’s daily fupport,
and therefore the lender might reafonably expefl from
him fome remuneration. To the lending of money up¬
on inlerrff, according to the earlieft accounts we have,
fucc ceded the praPice of eflahliffring funds for the re¬
lief of the needy, on condition that they could de-
pofit anv thing equal in value to double the fum bor-
rr- e , f .r which they were to pav no interefl.
j i.t as, on the c re hand, the idea of exading inte-
re'l f.r the loan of tnonev was odious to the members
of the Fopilh church in general, and as, on the other,
Lenfant.
it appeared highly proper and even neceffary, to pay in- Lending-
terefl: for money to be employed in commerce, the pon- **oul''es'
tiffs themfelves at length allowed the lending-houfe to ,
take a moderate intereff •, and in order not to alarm the
prejudices of thofe to whom the meafure was obnoxious,
it was concealed under the name of being paid pro in-
demnitate,—the expreflion made ufe of in the papal
bull.
It appears that lending-houfes, which gave money on
the receipt of pledges, at a certain interell, are by no
means of recent date ; for many of the houfes of this
nature, in Italy at lead, were eilablilhed in the 15th
century, by Marcus Bononienfis, Michael a Carcano,
Cherubinus Spoletanus, Antonias Vercellenfis, Bernar-
dinus Tomitano, and others.
The lending-houfe at Perugia, eftabliflied by Barna¬
bas Interamnenfis, was infpeded by Bernardinus in
1485, who augmented its capital, and in the farce year
eltabliflied one at Aflili, which was confirmed by Pope
Innocent, and vifited and improved by its founder in the
year 1487. He likewife eftabliftied one at Mantua af¬
ter formidable oppofition being made to the meafure,
procuring for it the fandtion of the pope, as Wadding
informs us. The fame perfon alfo founded lending-
houfes at Florence, Parma, Chieti, and Piacenza, in do¬
ing which he wras fometimes well received, while at o-
thers he frequently met with the moil formidable oppo¬
fition. A houfe of this kind was eftablilhed at Padua
in the year 1491, and another at Ravenna, which were
approved of and confirmed by Pope Alexander VI.
Long after the above period, lending-houfes were
eftablifhed at Rome and Naples, that of the former city
having taken place in 1539, and that of-the latter pro¬
bably in the following year. A lending-houfe was efla-
blifhed at Nuremberg in Germany about 1618, the in¬
habitants having obtained from Italy the regulations of
different houfes, in order to feledl the heft. In France,
England, and the Netherlands, lending-houfes were firft
known under the denomination of Lombards. Similar
inflitutions were formed at Bruffels in 16195 at Ant¬
werp in 1620, and at Ghent in 1622.
Although fuch houfes mull be allowed to be of con-
fiderable utility under certain circumftances, efpecially
when the intereft is not allowed to be exorbitant, yet
they were always odious in France 5 but one was efta¬
blifhed at Paris in 1626, in the reign of Louis XIII.
which the managers next year were obliged to abandon.
The mont de piele at that city, which has fometimes had
in poffeffion 40 cafks full of gold watches that were
pledged, vras eftablifhed by royal authority in the year
I777, as we learn from the Tableau de Paris, publifli-
ed at Hamburg in 1781.—Beckman's Hift. of Inven¬
tions.
LENFANT, James, a learned French writer, was
born in 1661. After ftudying at Saumur, he went to
Heidelberg, where he received impofition of hands for
the miniitryin 1684. He difeharged the funflions of
this charadler with great reputation there, as chap¬
lain of the eleflrefs dowager Palatine, and paftor in
ordinary to the French church. The defeent of the
French into the Palatinate obliged our author to de¬
part from Heidelberg in 1687. He went to Berlin,
where the ele£lor Frederic, afterwards king of Pruftia,
appointed him one of the minifters. There he conti¬
nued 39 years, diftinguifhing himfelf by his writings.
He
L E N [ 759 ] • L E N
Len^kt He was preacher to the queen of Pruflia, Charlotta length, on each fide of the midihip frame, to prevent
il Sophia j and after her death, to the late king of her from being too much weakened in one place. I he
Lengthen- pru{][|a> Jn i yoy he took a journey to England and two ends are then drawn apart to a limited diitance ;
. in^~ Holland, where he had the honour to preach before which mufi be equal to the propofed addition ot
Queen Anne and might have fettled in London, length. An intermediate piece of timber is next
with the title of chaplain to her majefty. In iyi2 he added to the keel, upon which a fufficient number ot
went to Helmfiadt, in lyij to Leipfic, and in 1725 timbers are erefted, to fill up the vacancy produced
to Brellau, to fearch for rare books and MSS. It is by the feparation. I he two parts ot the kelfon are
not certain whether it was he that firll formed the de- afterwards united by an additional piece which is Ico-
fign of the Bibliotheque Germamque, which began in red down upon the floor timbers, and as many beams
iy20 •, or whether it was fuggefted to him by one of as may be neceffary are fixed acrofs the fliip in the new
the fociety of learned men, which took the name of interval, hinally, I he planks of the fide are prolonged
ylnonymous, and who ordinarily met at his houfe. He fo as to unite with each other ; and thole ot tne ceiling
died in 1728. His principal works are, 1. The Hi- refitted in the fame manner ; by which the whole pro-
fiory of the Council of Conflance, 2 vols 4to. 2. A cefs is completed.
Hiftory of the Council of Pifa, 2 vols qto. 3" The LENOX or Dunbartonshire, a county of Scot-
New Teftament, tranflated from the Greek into the land. See DUNBARTONSHIRE. Among the rivers of this
French, with Notes by Beaulobre and Lenfant, 2 vols county is the Blane, which, though itlelr an inconfiae-
qto. 4. The Hillory of Pope Joan, from Spanheim’s rable ftream, has been rendered famous by the birth of
Latin Diflertation. 5. Several pieces in the Bibho- George Buchanan, the celebrated Latin poet and iiitio-
theque Choijie, La Republic des Lettres, La Bibliotheque rian. Ihe fame part of the country gave birth to tne
Germanique, &c. great mathematician and naturalill, Baron Napier of
LENGLET, Nicholas du Fresnoy, l’abbe', born Merchifton, inventor, of the logarithms. The title of
at Beauvais in France, 1674, was a molt fertile and Lenox, with the property of great part of the flih e, was
ufeful French author on a variety of fubjedls, hiftori- heretofore vefted in a branch of the royal family of
cal, geographical, political, and philofophical. The Stuart, with which itwTas reunited in the perfon ot King
following delerve particular notice : I. A Method of James VI. whole father, Henry Lord Darnley, was Ion
Studying Hiitory, with a Catalogue of the Principal of the duke of Lenox. This prince conferred the title
Hillorians of every Age and Country, publifhed in upon his kinfman Efme Stuart, fon of John Lord d’Au-
1713 ■, a work which eftablifhed his reputation as an bigny in France \ but his race failing at the death of
hiflorical writer : it wras tranflated into mofl of the Charles duke of Lenox and Richmond, and the eflate
modern languages, particularly our own, with confide- devolving to the crown, King Charles II. conferred
rable improvements, by Richard Rawlinfon, L. L. D. botn titles on his own natural fon by the duchefs of
and F. R. S. and publifhed at London in 1730, in Portfmouth j and they are ftill enjoyed by his pofterity.
2 vols 8 vo. 2. A Copious Abridgement of Univerfal The people of Lenoxfhire are chiefly Lowlanders, though
Hiftory and Biography, in chronological order, under in fome parts of it divine fervice is performed in the
the title of Tablettes Chronologiques ; which made its Erfe language.— Ihe moft numerous clans in this di-
firft appearance at Paris in 1744* in 2 vols fmall 8vo. ftrict are the Macfarlanes, the Colquhouns, and the Bu-
and was univerfally admired by the literati in all parts chanans.
of Europe. The author attended with great candour, LENS, a piece of glafs, or any other tranfparent
as every writer ought, to well-founded judicious criti- fubftance, the iurfaces of which are lo formed, that
cifms. In future editions he made feveral alterations the rays of light, by pafling through it, are made to
and improvements, and from one of thefe, we believe, change their direction, either tending to meet in a
that of 1759, an Englifh tranllation was made, and point beyond the lens, or made to become parallel af-
publiftied at London in 1762, in 2 vols. large 8vo. ter converging or diverging ; or laftly, proceeding as
Du Frefnoy died in 1755 : the Paris edition of 1759 if they had iltued from a point before they fell upon
was printed from the author’s correfled copy j and the lens. Some lenies are convex, or thicker in the
the impreflion being fold off, another edition appeared middle ; fome concave, or thinner in the middle *, fome
in 1763, with confiderable improvements by an un- plano-convex, or plano-concave 5 .that is with one fide
known editor : to the biographical part a great num- flat, and the other convex or concave \ and iome are
her of names of refpeftable perfons are added, not to called menifcufes, or convex on one fide and concave on
be found in the former edition ; and it has this fupe- the other. See Dioptrics.
rior advantage in the hiftorical parts, that the general Lenfes, are of two kinds, either blown or ground,
hiftory is brought down to the year 1762. Du Fref- Blown Lenses, are only made ufe of in the Angle
noy, however, has loaded his work with catalogues of microfcope, and the common method of making them
faints, martyrs, councils, fynods, herefies, fchifms, and has been to draw out a fine thread of the foft white
other ecclefiaftical matters, fit only for the libraries of glafs called cnjjlal, and to convert the end of it into a
Popift) convents and feminaries. fpherule by melting it at the flame of a candle. Mr
LENGTH, the extent of any thing material from Nicholfon obferves that wfindow glafs affords excellent
end to end. In duration, it is applied to any fpace of fpherules. A thin piece from the edge of a pane of
time, whether long or fliort. glafs one tenth of an inch broad was held perpendicu-
LENGTHENING, in (hip carpentry, the opera- larly, and the flame of a candle was direfted againft
tion of cutting a fl.ip down acrofs the middle, and add- it by means of the blow-pipe, when it became foft, and
ing a certain portion to her length. It is performed the lower end defcended by its own weight to the di-
by fawing her planks afunder in different places of her fiance of about two feet, vvhere it remained fufpended
bT-
Lens,
Lent.
Oi ^ i , j
ployed their vacant hours in vifiting the fick and thofe
that were in prifon, in entertaining ftrangers, and re¬
conciling differences. The imperial laws forbade all
profecution of men in criminal adtions, that might
"bring them to corporal punifhment and torture, during
the whole feafon. This was a time of more than or¬
dinary ftridlnefs and devotion, and therefore in many
of the great churches they had religious affemblies for
prayer and preaching every day. All public games
and ftage plays were prohibited at this feafon j as alfo
the celebration of all feftivals, birth days, and mar¬
riages, as unfuitable to the prefent occafion.
The Chriftians of the Greek church obferve four
lents : the firft commences on the 15th of November j
the fecond is the fame with our lent •, the third begins
the week after Whitfuntide, and continues till the fef-
tival of St Peter and St Paul j and the fourth com¬
mences on the firft of Auguft, and lafts no longer than
3
L E N [ 760
by a thin thread of glafs about of rm inch in dia-
j rneter. A part of this thread wras applied endwife to
the lower blue part of the flame of the candle without
the blow-pipe, when the end became inftantly wftute-
hot, and formed a globule, which was gradually thruft
towards the flame till it became fufficiently large. A
number of thefe were made and examined, by viewing
their focal images wfith a deep magnifier, when they ap¬
peared bright, perfect, and round.
Ground Lenses are fucli as are rubbed into the Ihape
required, and poliihed. Several ihapes have been pro-
pofed, but the fpherical has been found to be the moft
practically ufeful. Yet by various modes of grinding,
the artificer can produce no more than an approxima¬
tion to a figure exactly fpherical, and men of letters or
others muft depend entirely on the care and integrity
of workmen for the fphericity of the lenfes of their te-
iefcopes. Mr Jenkins has defcribed a machine, which
being fo contrived as to turn a fphere at one and the
fame time on tw'o axes, cutting each other at right
angles, will produce the fegment of a true fphere,
merely by turning round the wheels, and that wflth-
out any care or Ikill in the workmen. See Me¬
chanics.
LENT, a fclemn time of falling in the Chriftian
church, obierved as a time of humiliation before
Eafter, the great feftival of our Saviour’s refurrec-
tion.
Thofe of the Romifti church, and fome of the Pro-
teftant communion, maintain, that it vras always a
faft of 40 days, and, as fuch, of apoftolical inftitu-
tion. Others think it wms only of ecclefiaftical in-
ftitution, and that it was varioufly obferved in dif¬
ferent churches, and grew' by degrees from a faft of
40 hours to a faft of 40 days. This is the fentiment
<*>f Morton, Biihop Taylor, Du Moulin, Daille, and
others.
Anciently the manner of obferving lent among thofe
who were pioufly difpofed, was to abftain from food
till evening : their only refrefhment was a fupper •, and
then it was indifferent whether it was flefh or any other
food, provided it w’as ufed with fobriety and modera¬
tion.
Lent was thought the proper time for exercifing,
more abundantly, every fpecies of charity. Thus what
they fpared from their own bodies by abridging them
a meal, was ufually given to the poor 5 they em-
] LEO
till the 15th. Thefe lents are obferved with great
ftridlnefs and aufterity; but on Saturdays and Sun¬
days they indulge themfelves in drinking wine and ufing ,
oil. which are prohibited on other days.
Lend!
Leo.
LEN TIL. See Ervum, Botanv Index.
LENTJNI. See Leontini.
LENTISCUS. See Pistacia, Botany Index.
LEO. See Felis, Mammalia Index.
Leo, in Agronomy, the fifth of the 12 figns of
the zodiac. The -liars in the conftellation Leo, in
Ptolemy’s catalogue are 27, befides the unformed,
which are 8 ; in Tycho’s 30 5 in the Britannic cata-
logue 95.
Leo X. Pope, fecond fon of Lorenzo de Medici,
was born at Florence in December 147 5, and received
the baptifmal name of Giovanni, or John. He re¬
ceived the tonfure at feven years of age, his father
having deftined him for the church. Being even at
that early period declared capable of clerical prefer¬
ment, he obtained tw-o rich abbacies through the in-
tereft of his father with Louis XI of France, and Pope
Sixtus IV. At a very early period he held no fewer
than 29 church perferments, a ftrong proof of the moft
fcandalous corruption, as well as of the intereft which
his family enjoyed. In the time of Innocent VIII. he
was promoted to the high rank of cardinal, when no
more than 13 years of age, which took place in the
year 1488. If the great influence of his father was
unqueftionably cenfurable in promoting the rapid and
illegal advancement of his fon, it is but juftice to ad¬
mit that he employed all his efforts to qualify him for
fuch premature dignity. The learned Angelo Poli-
ziano had the care of his early education, which was
greatly accelerated by the uncommon gravity and fo-
lidity of his difpofition. He was inverted with the pur¬
ple in 1492, going afterw-ards to refide at Rome as one
of the facred college. Having oppofed the ele&ion of
Alexander VI. to the pontificate, he found it prudent
to withdraw' to Florence, in which place he acquired
much perfonal efteem 5 but on the invafion of Italy by
Charles VIII. of France, he was involved in the ex-
pullion of his brother Piero, and took refuge at Bolog¬
na. In 1499 he rosde a tour through the Hates of
Venice, Germany, and France, going afterwards to
Rome, where he lived fafe and refpecled during the
pontificate of Alexander, in confequence of his prudent
behaviour.
In 1305, when 30 years of age, he began to take an
afilive part in public affairs, and Julius II. appointed
him governor of Perugia. As he adhered with un-
fhaken refolution to the intereft of the pope, he acquir¬
ed the confidence of his holinefs, in fo eminent a man¬
ner, that he was entrufted with the direfilion of the pa¬
pal army againft France ; and if he was not competent
to conduift the military operations, he was of Angular
fervice in maintaining good order in the camp. He
was taken prifoner at the bloody battle of Ravenna in
1512, and conveyed to Milan, where the dignity of
his facred office procured him refpedl. From this place
he found means to efcape, and returned to Bologna,
affuming the government of the diftrift in the capacity
of the pope’s legate.
At the eledtion of a new pope in the room of Julius II.
he was chofen to the pontificate, being then only 38
years of age. Whatever might be the leading motives
♦ of
LEO [76
l.co. of the conclave for electing fo young a pope, it is
agreed on all hands, that it was not eifedded by thofe
corrupt practices too common on fuch occafions; and
he afcended the throne under the name of Leo X. with
greater proofs of affection on the part of both Italians
and foreigners than the greater part of his predeceffors.
He difplayed his love of literature by the nomination
of Bembo and Sadoleti to the office of papal fecre-
taries.
One of his firft attempts was to free Italy from the
dominion of foreign powers; and having taken into
pay a large body of Swifs, he gained a vidciry over
the French in the reign of Louis XII. at the bloody
battle of Novara, by which means they were driven
from Italy *, and the king of France having incurred
eccleliaftical cenfure, fubmitted in form, and receiv¬
ed abfolution. Having thus fecured internal tranquilli¬
ty, he turned his attention to the encouragement of li¬
terature and men of genius. He effe&ed the reftora-
tion of the Roman univerfity to its former fplendour
by means of new grants and privileges, and by filling
the profefforfnips with diftinguiihed chara&ers from
every quarter. A Greek prefs was efiablilhed in the
city, and all Europe was informed that perfons bring¬
ing ancient manulcripts to the pope would be liberally
rewarded, befides having them printed at the expence
of the holy fee. He alfo promoted the ftudy of ori¬
ental literature, and he had the honour of founding the
firft profefforihip of the Syriac and Chaldaic languages
at Bologna.
On the death of Louis XII. of France, and the ac-
ceffion of Francis I. to the throne, it foon became ap¬
parent that a new war was inevitable in the north of
Italy. Leo endeavoured to remain neuter, but with¬
out fuccefs, in confequence of which he joined in a
league with the emperor, the kmg of Arragon, the
ftates of Milan and Florence, and the Swifs cantons,
againft the French king and the ftate of Venice. But
he foon found it expedient to defert his allies, and
form a union with Francis, which took place in 1515,
at an interview between the tw;o fovereigns.
In 1517, the duke of Urbino, whom he had expell¬
ed, in order to make way for his nephew Lorenzo, col-
Jedled an army, and by rapid movements regained his
capital and dominions, which chagrined Leo to fuch a
degree, that he endeavoured to raife all the Chriftian
princes againft him. He raifed an army under the
command of his nephew, and the duke was finally com¬
pelled to relinquiih his dominions upon honourable
terms. In this year the life of Leo was in danger,
and all his moments embittered by a confpiracy againft
him in his own court. Petmcci, the chief author
of it, had formed a plan of deftroying the pope by
poifon ; but having failed in this attempt, he withdrew
from Rome, ftill, however, carrying on a correfpond-
ence with his fecretary. Some of his letters being in¬
tercepted, he was arrefted on his way to Rome, and
committed to prifon. Fie was flrangled, and his ac¬
complices were put to death with the fevereft tortures.
To ihelter himfelf from danger, whether real or ima¬
ginary, Leo created 31 new cardinals in one day,
chiefly from among his own relations, and fume of
them deferving of fuch dignity by their virtues and
talents.
Vol. XL Part II.
i ] LEO
In the reign of this pontiff began the reformation or ^eo-
religion under the celebrated Martin Luther, w ho in¬
flicted fuch a wound on the Romtlh church as wall
never be healed. Leo’s tafte for luxurious magnificence
and every object of expence having exhauited hi’s
coffers, he took from the church the profits arifing from
the fale of indulgences for his own private emolument.
Thefe wares were extolled in language which mocked
the pious and thinking part of mankind, and facilita¬
ted the progrefs of the reformation in the hands of luch
a man as Luther, whom nothing could intimidate.
This great man during his oppofition to the extrava¬
gance of Leo in the fale of indulgences, w as ftill will¬
ing to be reconciled •, but as he infifted on making an
unqualified appeal to the language of Scripture, and
Leo would admit of nothing but an unqualified appeal
to the decrees of the church, it is obvious that a re¬
conciliation was impoffible. The wmks of Luther
were burnt in different places by Leo’s command, and
Luther in his turn made a folemn and public confla¬
gration of the papal decrees and conftitutions, and even
of the bull itfelf. It was this pontiff who conferred on
Henry VIII. of England the title of defender of the
faith, to which he appears to have had very little
claim.
The private hours of Leo, it is find, wTere devoted to
indolence, or to amufements ; and that fome of them
wTere unworthy of his clerical dignity. Many enor¬
mities are afcribed to him which we fhall pafs over in
filence, as they do not appear to have fuch incontefta-
ble evidence as to warrant the belief oi them. He
never loft fight of his favourite idea of expelling the
French from Italy. 1 he Swils who had been in the
fervice of France were induced to defert, the allies
crofted the Adda, and entered Milan without oppofi¬
tion. They next entered the territories of the duke ol
Ferrara who had efpoufed the caufe of France. Many
of his ftrong places were taken, and liege wrus about to
be laid to his capital, when it was prevented by the in-
difpofition of the pope, which in the fpace of eight
days terminated in his death, on December I. I52L
in the 46th year of his age, and the 9th of his ponti¬
ficate. It was fuppofed by fome that he died by poifon,
but we have feen no fufficient proof for fuch a conciu-
fion. Without attempting to draw the moral and po¬
litical charadter of this celebrated pontiff, about wffiich
mankind have been fo much divided, it may be fairly
aflerted that he claims the gratitude of pofterity for the
ample encouragement which he afforded to men of
fcience and literature, and the eagernefs with which he
promoted the ftudy of the fine arts, qualities fufficient
to veil all the failings or faults which can juftly be
charged to his account. This charadler of Leo has
been finely celebrated by Pope in the following verfes.
But fee ! each mufe, in Leo’s golden days,
Starts from her trance •, and trims her wither’d baysj
Rome’s ancient Genius, o’er its ruins fpread,
Shakes off the duft, and rears his rev’rend head.
Then Sculpture and her filler Arts revive :
Stones leap to foim, and rocks begin to live;
With fweeter notes each riling temple rung;
A Raphael painted, and a Vida fung.
Leo, 57, a fmall but ftrong town of Italy, in the
5 D territory
LEO [76
l.tonutiler territory of the church, and duchy of Urbino, with a
-r ^ , bifliop's fee. It is leated on a mountain, near the ri-
; ver Marrechia, in E. Long. 12. 25. N. Lat. 43. 57.
LEOMINSTER, a town of Herefordihire, in
England, feated on the river Lug, which waters the
north and eaft fides of the town, and over which there
are feveral bridges. It is a large, handfome, populous
borough 5 and is a great thoroughfare betwixt South
Wales and London, from which laft it is diftant 113
meafured miles. In King John’s reign it was burnt,
but foon rebuilt. It was incorporated by Queen Mary,
and is governed by a high ftewrard, bailiff, recorder,
&c. The beft flax is faid to grow here, and it has
been equally noted for the beft wheat, barley, and the
fineft bread. The inhabitants have a confiderable
trade not only in wool, but in gloves, leather, hat-
making, &c. and there are feveral rivers in and about
the towm on which they have mills and other machines.
Near its church are fome remains of its priory ; and on
a neighbouring hill are the ruins of a palace, called to
this day Comfort Caftle. It fends two members to par¬
liament. W. Long. 2. 45. N. Lat. 52. 20.
LEON, an ancient town of France, in Lowrer Bre¬
tagne, and capital of the Lyonnois, with a biihop’s
fee. It is feated near the fea, in W. Long. 3. 53.
N. Lat. 48. 41.
Leon, a province of Spain, wdth the title of a king¬
dom •, bounded on the north by Afturias j on the weft
by Galicia and Portugal ; and on the fouth by Eftre-
madura and Caftile, which alfo bounds it on the eaft.
It is about 125 miles in length, and 100 in breadth j
and is divided into twm almoft equal parts by the river
Duero, or Douro. It produces all the neceffaries of
life, and Leon is the capital town.
Leon, an ancient and large epifcopal towm of Spain,
and capital of the kingdom of that name, built by the
Romans in the time of Galba. It has the fineft cathe¬
dral church in all Spain. It was formerly more rich
and populous than at prefent, and had the honour of
being the capital of thefirft Chriftian kingdom in Spain.
It is feated between two fources of the river Efta, in
W. Long. 5. 13. N. Lat. 42. 55.
Leon, Peter Cicca de, author of the hiftory of Peru.
He left Spain, his native country, at, 13 years of age
in order to go into America, where he refided 17
years *, and obferved fo many remarkable things, that
he refolved to commit them to writing. The firft part
of his hiftory was printed at Seville in 1553. He be¬
gan it in 1541, and ended it in 1550. He was at Li¬
ma, the capital of the kingdom of Peru, when he gave
the finilhing ftroke to it, and was then 32 years of age.
Zeon de Nicaragua, a town of North America, in
New Spain, and in the province of Nicaragua ; the re-
fidence of the governor, and a bifhop’s fee. It con-
iifts of about 1000 houfes, and has feveral monafteries
and nunneries belonging to it. At one end of the
town is a lake which ebbs and flows like the fea. The
town is feated at the foot of a volcano, which ren¬
ders it fubjeft to earthquakes. It was taken by the
bucaniers in 1685, in fight of a Spanilh army who were
fix to one. W. Long. 86. 10. N. Lat. 12. 25.
LEONARD de noblet, St, an ancient town of
France, in the province of Guienne and territory of
Limofin, with a confiderable manufaflory of cloth and
2 ] LEO
paper. It is feated on the river Vienne, in E. Long. Leonard*
I. 35. N. Lat. 45. 50. il _
LEONARDO da vinci. See Vinci. , Lf'ont:ni,>,
LEONCLAVIUS, John, one of the moft learn¬
ed men of the 16th century, was a native of Weftpha-
lia. He travelled into Turkey, and collected excel¬
lent materials for compofing The Ottoman Hiflory j
and it is to him the public is indebted for the beft ac¬
count we have of that empire. To his knowledge in
the learned languages he had added that of the civif
law’; whereby he was very well qualified to tranflate
the Baji/ica. His other verfions were efteemed, though,
critics pretend to have found many faults in them. He
died in 1593, aged 60.
LEONIDAS I. king of Sparta, a renowned war¬
rior, flain in defending the ftraits of Thermopylae
again!! Xerxes, 480 B. C. See Sparta*
LEONINE, in poetry, is applied to a kind of verfeS
which rhime at every hemiftic, the middle always chim¬
ing to the end. Of which kind we find feveral ancient
hymns, epigrams, prophecies, &c.—For inftance, Mu-
retus fpeaking of the poetry of Lorenzo Gambara of
Breffe, fays,
Brixia, tgratis merdofa volumina natis,
Non funt nq/iratts tergere digna watis.
The following one is from the fchool of Salernum :
Ut vites poenam de potibus incipe coenam.
The origin of the word is fomewhat obfeure : Paf-
quier derives it from one Leoninus or Leonius, who
excelled in this w-ay; and dedicated feveral pieces to
Pope Alexander III. j others derive it from Pope Leo;
and others from the beaft called lion, by reafon it is the
loftieft of all verfes.
LEONTICA, feafts or facrifices celebrated among
the ancients in honour of the fun.—They were called
Leontica, and the prieft wEo officiated at them Leones,
becaufe they reprefented the fun under the figure of a
lion radiant, bearing a tiara, and griping in his two
fore paws the horns of a bull, who ftruggled with him
in vain to difengage himfelf.
The critics are extremely divided about this feaft.
Some will have it anniverfary, and to have made its re¬
turn not in a folar but in a lunar year } but others hold
its return more frequent, and give inftances where the
period was not above twro hundred and twenty days.
The ceremony was fometimes alfo called Mithriaca,
Mithras being the name of the fun among the ancient
Perfians. There was always a man facrificed at thefe
feafts, till the time of Hadrian, who prohibited it by
a law. Commodus introduced the cuftom afreffi, after
whofe time it was again exploded.
LEONTICE, lion’s leaf, a genus of plants be¬
longing to the hexandria clafs $ and in the natural me¬
thod ranking under the 24th order, Coryda/es. See
Botany Index.
LEONTINI, or Leontium, in Ancient Goegraphj,
a town of Sicily on the fouth fide of the river Terias,
20 miles north-weft of Syracufe. The territory, called
Campi Leontini, was extremely fertile (Cicero) : thefe
were the Campi Lcejirigonii, anciently fo called j the
feat of the Loeftrigons, according to the commentators
on the poets. The name Leontini is from Leo, the im-
preffion
Leprofy.
L E P
Leontium preffion on their coin being a lion. Now
a town fituated in the Val di Noto, in the fouth-eaft of
, Sicily.
LEONTIUM, one of the twelve towns of Achaia,
•whether on, or more diftant from, the bay of Corinth,
is uncertain. Leontium of Sicily. See Leontini.
LEONTODON, DANDELION, a genus of plants be¬
longing to the fyngenefia clafs, and in the natural me¬
thod ranking under the 49th order, Compojitce. See
Botany Index.
LEONURUS, lion’s-tail, a genus of plants be¬
longing to the didynamia clafs, and in the natural me¬
thod ranking under the 42d order, Verticillatce. See
Botany Index.
LEOPARD. See Felts, Mammalia Index.
Leopard's Bane. See Doronicum, Botany Index.
LEPANTO, a ftrong and very confiderable town
of Turkey in Europe, and in Livadia, with an archbi-
fhop’s fee and a ftrong fort. It is built on the top of
a mountain, in form of a fugar-loaf j and is divided in¬
to four towns, each furrounded by walls, and com¬
manded by a caftle on the top /of the mountain. The
harbour is very fmall, and may be fhut up by a chain,
the entrance being but 50 feet wide. It wTas ta¬
ken from the Turks by the Venetians in 1678 } but
was afterwards evacuated, and the caftle demoliftied in
1699, in confequence of the treaty of Carlowitz. It
wras near this town that Don John of Auftria obtain¬
ed the famous viftory over the Turkifh fleet in 157!•
The produce of the adjacent country is wine, oil, corn,
and rice. Turkey leather is alfo manufaftured here.
The wine would be exceeding good if they did not
pitch their veffels on the inlide, but this renders the
tafte very difagreeable to thofe who are not accu-
ftomed to it. The Turks have fix or feven mofques
here, and the Greeks two churches. It is feated on
a gulf of the fame name, in E. Long. 22. 13. N. Lat.
38. 34-
LEPAS, the ACORN, a genus of ftiell-fifti belong¬
ing to the order of vermes teftacea. See Conchology
Index.
LEPIDIUM, DITTANDER, or Pcpperwort, a genus
of plants belonging to the tetradynamia clafs, and in
the natural method ranking under the 39th order, Sih-
fjuofa. See Botany Index.
LEPIDOPTERA, in Zoology, an order of infefts,
with four wings, which are covered with imbricated
fcales. See Entomology.
LEPISMA, a genus of infers belonging to the or¬
der of Apt era. See Entomology Index.
LEPROSY, a foul cutaneous difeafe, appearing in
dry, white, thin, fcurfy fcabs, either on the whole body,
or only fome parts of it, and ufually attended with a vio¬
lent itching and other pains. See Medicine Index.
The leprofy is of various kinds, but the Jews were
particularly fubjedl to that called Y.lcphantiajis. Hence
the Jewifh law excluded lepers from communion with
mankind, baniftiing them into the country or uninha¬
bited places, w'ithout excepting even kings. When a
leper w7as cleanfed, he came to the city gate, and was
there examined by the priefts *, after this he took two
live birds to the temple, and fattened one of them to
a wifp of cedar and hyffop tied together with a fcarlet
ribbon *, the fecond bird wras killed by the leper, and
the blood of it received into a vefiel of water ; with
phalus
II
Lerna.
[ 7<5j ] L E R
call Lentini, this water the prieit fprinkled the leper, dipping the
wifp and the live bird into it: this done, the live bird
was let go j and the leper, having undergone this cere¬
mony, was again admitted into fociety and to the ufe ^
of things facred. See Levit. xiii. 46. 47* an<^ -Levit.
xiv. 1, 2, &c.
LEPTOCEPHALUS, a genus of fiflies, belong¬
ing to the order of Apodes. See Ichthyology
Index.
LEPTOPOLYGINGLIMI, in Natural Hiflory,
a genus of foflil (hells, diftinguiftred by a number of
minute teeth at the hinge. Specimens of thefe are
found at Harwich cliff, and in the marl pits of
Suflex.
LEPTUM, in antiquity, a fmall piece o£ money,
w'hich, according to fome, was only the eighth part
of an obolus * but others will have it to be a filver or
brafs drachm.
LEPTURA, a genus of infers belonging to the or¬
der of coleoptera. See Entomology Index.
LEPUS, a genus of quadrupeds belonging to the
order of glires. See Mammalia Index.
Lepus, the hare, in AJlronomy, a conftellation of
the fouthern hemifphere •, whofe ftars in Ptolemy’s ca¬
talogue are 12} in that of Tycho’s 13 } and in the Bri¬
tannic 19.
LERCHEA, a genus of plants belonging to the
monadelphia clafs. See Botany Index.
LERI A, or Leiria, a ftrong town of Portugal, in
Eftremadura, with a caftle and biftiop’s fee. It con¬
tains about 3500 inhabitants, and was formerly the re-
fidence of the kings of Portugal. W. Long. 7. 50.
N. Lat. 39. 40.
LERIDA, an ancient, ftrong, and large town of
Spain, in Catalonia, with a biihop’s fee, an univerfity,
and a ftrong caftle. This place declared for King
Charles after the reduftion of Barcelona in 1705 } but
it was retaken by the duke of Orleans in 1707, after
the battle of Almanza. It is feated on a hill near
the river Segra, and in a fertile foil, in E. Long. o. 35.
N. Lat. 41.31.
LERINA, or Planasia, in Ancient Geography, one
of the two fmall ittands over again ft Antipolis, called
alfo Lerinas and Linnus. Nowr St Honorat, on the
coaft of Provence, fcarc6 twTo leagues to the fouth of
Antibes.
LERINS, the name of two iflands in the Mediter¬
ranean fea, lying on the coaft of Provence in France,
five miles from Antibes} that near the coaft, called St
Margaret, is guarded by invalids, ftate prifoners being
fent here. It wms taken by the Englith in 1746, but
Marflaal Belleifle retook it in 1747. other is call¬
ed St Honorat; and it is left than the former, but has a
Benedicline abbey.
LERMA, a town of Spain, in Old Caftile, feated
on the river Arlanza, with the title of a duchy. W. Long.
3. 5. N. Lat. 42. 2.
LERNA, in Ancient Geography, not far from Ar¬
gos, on the confines of Laconia } fuppofed to be a town
of Laconia, but on the borders of Argolis} the pofition
Paufanias allots to it, near Temenium, on the lea;
without adding whether it is a town, river, or lake.
According to Strabo, it is a lake, fituated between the
territories of Argos and Mycene, in contradiction to
Paufanias. If there was a town of this name, it
5 D 2 fee ms
1
L
E
Lernea
iefbos.
feems to hav? ilood towards the Tea, but the lake to have
been more inland. Mela calls it a well known town on
the Sinus Argolicus ; and Statius by Lerna feems to
mean fouiething more than a lake. This, however, is
the lake in which, as Strabo fays, was the fabled Hydra
o? Hercules : therefore called Lenin /Ingulfera ( Statius).
d'h? lake runs in a river or dream to the fea, and per¬
haps arifes from a river (Virgil). From the lake the
proverb, Lenta Malorum, took its rife-, becaufe, accord-
mg to Strabo, religious purgations were performed in
t ; or, according to Hefychius, becaufe the Argives
threw all their filth into it.
LERNEA, a genus of animals of the clafs of ver¬
mes. See Helminthology Index.
LERNICA, formerly a large city in the ifland of
Cyprus, as appears from its ruins : but is now no
more than a large village, feated on the fouthern coaft
ot that ifland, where there is a good road, and a fmall
tort for its defence.
LERO, in Ancient Geography, one ot the two fmall
iflands in the Mediterranean, oppofite to Antipolis,
and half a mile diftant from it to the fouth. Now
St Margarita, over againft Antibes, on the coaft of
Provence.
Lero, or Leros, an ifland of the Archipelago, and
one of the Sporades; remarkable, according to fome
authors, for the birth of Patroclus. E. Long. 26. 1 c.
N. Lat. 37. o.
LE Roy le VEDT, the king’s affent to public
bills. See the articles Bill, Statute, and Parlia¬
ment.
LERWICK, a town on the Mainland of Shet¬
land, and the feat of the courts of that dewartry.
It is fituated on the fpacious harbour called Lerwich
or Breffay found, and derives its only importance from
the courts of law, and the veffels employed in the
whale-filhery, which make a rendezvous of the bay.
It is computed to contain about 1000 inhabitants. The
parifh extends about fix miles along the fea coaft, and
is in no place more than a mile in breadth. On the
north and eaft it is bounded by the fea, which feparates
it from Breflay ifland. The furface of the parifti is
rocky and mountainous, but there are a number of fine
arable fields on the fea coaft, the foil of which is light
and Tandy, but fertile and productive. Near the north
end of the town there is a fmall fortification called Fort
•Charlotte, which commands the north entry to BrelTay
ft und, and is garrifoned by a detachment of invalids.
It was completely repaired by order of government in
tie year 1781. There are feveral large cannon for
commanding the harbour and proteclino- the town.
Th ere is a ftravv-plaiting manufactory at Lerwick, fur-
niftiing upwards of 50 girls with employment, who
have one penny per yard for their work ; 20 yards of
which can be made by fome of them in the courfe of a
day. It is carried on by a company in London. There
are two chalybeate fprings in the vicinity of the town,
but neither of them is highly impregnated, although
the ne is ftronger than the other. W. Long. 1. 30.
N. Lat. 60. 20.
LESBOS, a large ifland in the Aigean fea, on the
coaft of Httolia, about 168 miles in circumference. It
has been feverally called Pelafgia, from the Pelafgi by
whom it was firft peopled Macaria, from Macareus
who fettled in it j and Lejhos, from the fon-in-lavv and
r 7H ]
L E S
fucceffor of Macareus who bore the fame name. The Lefcaille
cniei towns of Lefbos were Methymna and Mitylene. i|
It was originally governed by kings, but they were af-, LefSuLs-
terwards fubjecled to the neighbouring powers. The v " -
wine which it produced was greatly efteemed by the an¬
cients, and Hill is in the fame repute among the mo¬
derns. The Lefbians were fj debauched and diffipated,
that the epithet of Lefjian was often ufed to fignify de¬
bauchery and extravagance. Lf fbos has given birth to
many illuflrious perfons, fuch as Anon, l erpander, Sap¬
pho, &c. See Mitylene.
LESCAILLE, James, a celebrated Dutch poet
and printer, was born at Geneva. He and his daugh¬
ter Catherine Lefcaille have excelled all the Dutch
Poets. That lady, who was furnamed the Sappho of
Holland, and the tenth Mufe, died in 1711. A coi-
leCfion of her poems lias been printed, in winch are
the Tragedies of Genferic, Wencellaus, Herod and Ma-
riamne, Hercules and Dejaneira, Nicomedes, Ariadne,
Cafiandra, &c. James Lefcaille her father deferved
the poet’s crown, with which the emperor Leopold ho¬
noured him in the year 1603 : he died about the vear
1677, aged 67.
LESCAR, a town of Gafcony, in France, and in the
territory of Bearn, with a biftiop’s fee ; feated on a hill,
in W. Long. o. 30. N. Lat. 43. 23.
LESG UIS, a people of Alia, whofe country is
indifferently called by the Georgians Lefguifan and
Daghcfan. , It is bounded to the fouth and eaft by
Perfia and the Cafpian -, to the fouth-weft and weft by
Georgia, the Ofii, and Kifti 5 and to the north by the
KifH and Tartar tribes. It is divided into a variety
of diftricls, generally independent, and governed by
chiefs eleHed by the . people. Guldenftaedt has re¬
marked, in the Lefguis language, eight different dia-
leds, and has claffed their tribes in conformity to this
obfervation.
The firft dialeft comprehends 15 tribes, which are
as follow: 1. Avar, in Georgia Chunfagh. The
chief of this d iff riff, commonly called Avar Khan, is
the moft powerful prince of Lefguiftan, and refides at
Kabuda, on the river Kaferuk. The village of Avai¬
l’s, in the dialeff of Andi, called Harbul. 2. Kafe¬
ruk, in the high mountains, extending along a branch
of the Koiiu, called Kara!. This diftriff is depend¬
ant on the khan of the Kafi Kumychs. 3. Idatle,
on the Koifu, joining on the Andi 5 fubjeff to the A-
var Khan. 4. Mukratle, fituated on the Karak, and
fubjeff to the Avar Khan. 5. Onfekul, fubjeff to
the fame, and fituated on the Koifu. 6. Karakhle,
upon the Karak, below Kaferuk, fubjeff to the fame.
7. Ghumbet, on the river Ghumbet, that joins the
Koifu, fubjeff to the chief of the Coumyks. 8. A-
rakan; and, 9. Burtuma, on the Koifu. 10. Ant-
fugb, on the Samura, fubjeff to Georgia. ix.Te-
bel, on the fame-river, independent. 12. Tamurgi,
or Tumural, on the fame river. 13. Akhti; and,
14. Rutal, on the fame. 15. Dlhar, in a valley that
runs from the Alazan to the Samura. It was former¬
ly lubjeff to Georgia, but is now independent. In
this diftriff are feen remains of the old wall that
begins at Derbent, and probably terminates at the A-
lazan.—The inhabitants of Derbent believe that their
town was built by Alexander, and that this wall for¬
merly extended as far as the Black fea. It is, how¬
ever.
L E S [ 765 ] L E S
ever, probable, from many infcriptions in - old Turkiih,
Perfian, Arabic, and Rnfifn char ters, that the wall,
and the aqueducts with their vaiiou- fubterraneous paf-
fa^es, many of which are now filled up, are of high
antiquity. This town fullered greatly during its fiege
by Sultan Amurath, who entirely d '-droyed the lower
quarter, then inhabited by Greeks. It was again taken
b Schah Abbas. (Gaerber.) This town is the old
PJeCafpke.
The ftcond cUaledl is fpoken in the two following
didrifls : 1. Dido, or Didonli, about th'e fource of the
Samura. This diftrift is rich in mines •, a ridge of
uninhabited mountains divides it from Caket. 2. Un-
fo, on the fmall rivulets that join the Samara. Tbefe
two didricls, containing together about 1000 families,
were formerly fubjecf to Georgia, but are now inde¬
pendent.
The third dialed is that of Kabutlh, which lies on
the Samura rivulets, eaft of Dido, and north of Ca¬
ket.
The fourth dialeft is that of Audi, fituated on a
rivulet that runs into the Koifu. S^me of its villages
are fubjeifl to the Avar Khan, but the greater part to
the khan of Axai. The whole confifts of about 8oo
families.
The fifth dialed: is common to four did riels, name¬
ly, t. Akulha, on the Koifu, fubjeft to the Ufmei,
or khan of the Caitaks, and Kara Caitaks, containing
about 1000 families. The following culfom is attri¬
buted by Colonel Gaerber to the fubje&s of this
prince : “ Whenever the Ufmei has a fun, he is carried
round from village to village, and alternately fuckled
by every woman who has a child at her bread until he
is weaned. This cuftom, by eftabliihing a kind of
brotherhood between the prince and his fubjefts, Angu¬
larly endears them to each other,” 2. Balkar, 3. Zu-
dakaca, or Zudakh, down the Koifu, fubjeft to the
Ufmei. 4. Kubelha, near the Koifu. Colonel Gaer¬
ber, who wrote an account oF thefe countries in
1728, gives the following defeription of this very cu¬
rious place : “ Kubelha is a large llrong town, fituated
011 a hill between high mountains. Its inhabitants call
them (elves Franki (Franks, a name common in the eaft
to all Europeans), and relate, that their anceftors were
brought hither by fume accident, the particulars of
which are now forgotten. The common conjefture is,
that they were mariners call: away upon the coaft 5 but
thofe who pretend to be better verfed in their hiftory,
tell the ftory this way ;—The Greeks and Genoefe,
fay they, carried on, during feveral centuries, a confi-
deralfte trade, not only on the Black fea, but likewife
on the Cafpian, and were certainly acquainted with the
mines contained in thefe mountains, from which they
drew by their trade with the inhabitants great quantities
of filver, copper, and other metals. In order to work
thefe upon the fpot, they fent hither a number of work¬
men to eftabliih manufactures, and inftrucl the inhabi¬
tants. The fubfe.'juent invafions of the Arabs, Turks,
and Monguls, during which the mines were filled up,
and the manufa&ures abandoned, prevented the ftran-
gers from effecting their return, f© that they continued
here, and erefled themfelves into a republic. What
renders this account the more probable is, that they are
Hill excellent artifts, and make very good fire arms, as
well tided as plain ; fabrec, coats of mail, and feveral
articles in gold and filver, for exportation. They have befguls,
like wile, tor their own defence, fmall copper cannons, c~‘<ar ‘
of three pounds calibre, call by themfelves. They coin
Turkiih and Perfian filver money, and even rubles,
which readily pafs current, becaufe they are of the full
wreight and value. In their valleys they have pafture
and arable lands, as well ac gardens •, but they purchafe
the greater part of their corn, trufting chiefly for fup-
port to the fale of their manufaclures, which are much
admired in Perfia, Turkey, and the Crimea. They
are generally in good circumftances, are a quiet, inof-
teniive people, but high fpiiited, and independent.
Their town is confidered as a neutral ipot, where the
neighbouring princes can depofite their treafures with
fafety. They elect yearly twelve magiftrates, to whom
they pay the molt unlimited obedience } and as all the
inhabitants are on a footing of perfeft equality, each in¬
dividual is fure to have in his turn a (hare in the go¬
vernment. In the year 1725, their magiftrates, as well
as the Ufmei, acknowledged the fovereignty of Ruflia,
but without paying any tribute.” 5. Zudakara, or
Zadakh, down the Koifu, fubjecd to the Ufmei. It
contains about 2000 families.
The fixth dialeff belongs to the diftriRs on the
eaftern- Hope of Caucafus, between Tarkii and Der-
bent, which are, 1. Caitak ; and, 2. Tabafferan, or
Kara-Caitak, both fubjecl to the Ufmei.
The feventh dialeft is that of Kafi-Coutnyk, on a
branch of the Konifu, near Zudakara. This tribe has
a khan, whofe authority is recognized by fome neigh¬
bouring diftrihds.
The eighth dialecl is that of Kuraele, belonging to
the khan of Cuba.
Befides thefe, there are fome other Lefguis tribes*
whofe dialefts Mr Guldenftaedt was unable to procure.
From a comparifon of thofe which he has obtained, it
appears that the language of the Lefguis has no kind
of affinity with any other known language, excepting
only the Samoyede, to which it has a remote refem-
blance.
This people is probably defeended from the tribes of
mountaineers, known to ancient geographers under the
name of Lefgce, or Ligijes. The ftrength of their coun¬
try, which is a region of mountains whole paffes are
known only to themfelves, has probably at all times
fecured them irom foreign invafion ; but as the lame
caufe mull have divided them into a number of tribes,
independent of each other, and perhaps always di-
ftinguillied by different dialefls, it is not eafy to ima¬
gine any common caufe of union which can ever have
affembled the wdiole nation, and have led them to un¬
dertake very remote conquefts. Their hiftory, there¬
fore, were it known, would probably be very uninte-
rclling to us. They fublift by railing cattle, and by
predatory expeditions into the countries of their more
wealthy neighbours. During the troubles in Perfia,
toivards the beginning of this century, they repeatedly
facked the towns of Shamachie and Ardebil, and ra¬
vaged the neighbouring diftritts; and the prefent
wretched ftate of Georgia and of part of Armenia, is
owing to the frequency of their incurfions. In their
perfons and drefs, and in their general habits of life, as
far as thefe are known to us, they greatly refemhle the
Circaflians.
LESKARD, a town in Cornwall, feated in a plain,
Lcilie.
' Lefiie.
L E S t 765 ] L E S
is a corporation, and fends two members to parliament.
It had formerly a caftle, now in ruins. It is one of the
larged and belt built towns in Cornwall, with the great-
eft market. It wTas firft incorporated by Edward earl
of Cornwall, afterwards by King John’s fon, Richard
king of the Romans, and had privileges from Edward
the Black Prince. Queen Elizabeth granted it a char¬
ter ; by which it was to have a mayor and burgeffes,
who ftiould have a perpetual fucceffion, purchafe lands,
&c. Here is a handfome town hall built on done pil¬
lars, with a turret on it, and a noble clock with four
dials, a large church, a meeting houfe, an eminent free
fehool, ^nd a curious conduit 5 and on the adjacent
commons, which feed multitudes of ftieep, there have
been frequent horfe races. Here is a great trade in all
manufactures of leather ; and fome fpinning, which is
encouraged by the clothiers of Devonlhire. On the
hills of North Lefkard, and in the way from hence to
Launcefton, are many mines of tin, wdrich is caft at the
blowing houfes into blocks, that are fent hither to be
coined.
LESLIE, John, bifhop of Rofs in Scotland, the
fon of Gavin Leflie an eminent law-yer, was born in
the year 1526, and educated at the univerfity of A-
berdeen j of which diocefe he was made official, when
but a youth. He was foon after created do£tor of
civil and canon law j but being peculiarly addifted to
the ftudy of divinity, he took orders, and became par-
fon of Une. When the Reformation began to fpread
in Scotland, and difputes about religion ran high, Dr
Leilie, in 1560, diftinguiffied himfelf at Edinburgh as
a principal advocate for the Romiffi church, and was
afterwards deputed by the chief nobility of that reli¬
gion to condole wdth Queen Mary on the death of her
hufband the king of France, and to invite her to re¬
turn to her native dominions. Accordingly, after a
ihort refidence with her majefty, they embarked toge¬
ther at Calais in 1561, and landed at Leith. She
immediately made him one of her privy council, and a
fenator of the college of juftice. In 1564, he w'as made
abbot of Lindores •, and on the death of Sinclair was
promoted to the bilhopric of Rofs. Thefe accumulated
honours he wdffied not to enjoy in luxurious indolence.
The influence derived from them, he exerted to the
profperity of his country. It is to him that Scotland is
indebted for the publication of its law's, commonly cal¬
led “ The blach afts of parliament,” from the Saxon
charafter in which they were printed. At his moft
earneft defire, the revilion and colleftion of them w7ere
committed to the great officers of the crown. In 1568,
Queen Mary having fled to England for refuge, and
being there detained a prifoner, Queen Elizabeth ap¬
pointed certain commiffioners at York to examine into
the caufe of the difpute between Mary and her fubjedts.
Thefe commiffioners w'ere met by others from the queen
of Scots. The biffiop of Rofs w’as of the number, and
pleaded the caufe of his royal miftrefs w'ith great energy,
though without fuccefs 5 Elizabeth had no intention to
releafe her. Mary, difappointed in her expectations
from the conference, at York, fent the bifhop of Rofs
ambaffador to Elizabeth, who paid little attention to
his complaints. He then began to negociate a mar¬
riage between his royal miftrefs and the duke of Nor¬
folk j which negociatipn, it is w’ell known, proved fa-
ial to the duke, and was the caufe of Leilie’s being fent
1
to the Toweri In 1573 he was banifhed the kingdom,
and retired to Holland. The two following years he '
fpent in fruitlefs endeavours to engage the powers of
Europe to efpoufe the caufe of his queen. His laft ap¬
plication was to the pope; but the power of the heretic
Elizabeth had no lefs weight with his holinefs than
with the other Roman Catholic princes of Europe.
Finding all his perfonal applications ineffe&ual, he had
recourfe to his pen in Queen Mary’s vindication •, but
Elizabeth’s ultima ratio regum was too potent for all
his arguments. Biftrop Leflie, during his exile, w'as
made coadjutor to the archbifhop of Rouen. He w'as
at Bruffels when he received the account of Queen
Mary’s execution ; and immediately retired to the con¬
vent of Guirternberg near that city, where he died in
the year 1 596. It wras during the long and unfortu¬
nate captivity of Mary, that he amufed himfelf in writ¬
ing the Hiftory of Scotland, and his other works.
The elegance and charms of literary occupations ferv-
ed to affuage the violence of his woes. His know¬
ledge and judgement as an hiftorian are equally to be
commended. Where he abts as the tranfcriber of
Boece, there may be diftinguifhed, indeed, fome of the
inaccuracies of that writer. But, when he fpeaks in
his own perfon, he has a manlinefs, a candour, and a
moderation, which appear not always even in authors
of the Proteftant perfuafion. His works are, 1. ^4f-
Jiicii animi confolationes, &c. compofed for the confola-
tion of the captive queen. 2. De origins, moribus, et
gejlis Scotoram. 3. De titulo et jure fereniffimce Marue
Scotorum regince, quo regni Anglice fuccejfwnetn JibijuJle
vindicat. 4. Parcenejis ad Anglos et Scotos. 3. De il-
lujl. fceminarum in republ. adminijlranda, &c. 6. Ora-
tio ad reginam ElAabetham pro libertate impetranda.
7 Parcenejis ad nobilitatem populumque Scoticum. 8.
An account of his proceedings during his embafly in
England from 156810 IS*]!’, manufcript, Oxon. 9.
Apology for the bifhop of Rofs, concerning the duke
of Norfolk ; manufcript, Oxon. 10. Several letters,
manufcript.
Leslie, Charles, a learned divine of Ireland, the
time and place of whofe birth is uncertain. He was
educated at Innifkilling; and in 1664, was created fel¬
low of Trinity-college, Dublin, where he continued
till he became A. M. At the deceafe of his father
he came over to England, and entered himfelf in the
Temple at London. The ftudy of the law very foon
difgufted him, and he turned all his attention to theo¬
logy, being admitted into holy orders in 1680. In
1687, he was chofen chancellor of the church and dio¬
cefe of Connor, at which time he made himfelf ex¬
tremely unpopular by his determined oppofition to the
tenets of the church of Rome. He imbibed the ab-
furd and pernicious doctrines of paffive obedience and
non-refiftance, by which his judgement was fo much
biaffed, that he refufed to take the oath of allegiance
to King William and Queen Mary, at the revolution.
He was a ftrenuous champion for the caufe of the
nonjurors, in defence of which he publiffied a wTork in
1692, being an anfwer to The State of Proteftants in
Ireland under the late King James’s Government, writ¬
ten by Archbilhop King. He alfo wrote a paper call¬
ed the Rehearfal, originally publifhed once a-W’eek, and
afterwards twice, in a folio half-lheet, confifting of a
dialogue on the affairs of the times. It lafted during
fix
\
L E S [ 7
Le^ic fix or feven 'ycirs. They were afterwards collefted
I': and publilhed by an eminent writer, who obferves that
^>c^ncs' , he purfues a thread of argument in them .all, againfc
the lawfulnefs of refiftance in any cafe whatever, de¬
riving the fource of government wholly from God. He
wTrote againft the Deifts, Jews, Papifts, and Socinians,
all of which he colledted together, and publifhed in
twTo volumes folio, with the exception of a very illi¬
beral piece againft the learned and pious Dr Tillotfon.
The frequent vifits which he paid to the courts of St
Germains and Bar-le-Duc, made him obnoxious to the
Britifti government, which wals increafed by his “ He¬
reditary Right of the Crown of England Afferted,” of
which he wTas the reputed author. He wras fent to
Bar-le-Duc by fome gentlemen of eminence, to at¬
tempt to convert the Ion of James II. to the Prote-
ftant religion, who wiftied to fee him fettled on the
throne. At Bar-le-Duc he was permitted to difcharge
the duties of the facerdotal office, according to the forms
of the church of England, where he endeavoured, but
in vain, to convert the Pretender. It is the opinion of
i Lord Bolingbroke, that he was ill ufed by the Pre¬
tender, who not only refufed to hear him himfelf, but
(heltered the ignorance of his priefts behind his autho¬
rity, and prohibited all difcourfe concerning religion.
At the clofe of the reign of Queen Anne, when the
partizans of the Pretender were anxious to promote his
intereftin England, Mr Leffie wrote a letter from Bar-
le-Duc, in which he dwelt at large on the graceful
mien of the Pretender, his magnanimity of fpirit, devo¬
tion free from bigotry, application to bufinefs, ready
apprehenfion, found judgement, and affability, fo that
none converfed with him, who were not charmed with
his good fenfe and temper. In 1715, a raffi and ill-
digefted enterprife took place in Scotland and in the
northern parts of England, in favour of the Pretender,
wffiich ultimately terminated in the difperfion of the re¬
bels ; this obliged him to quit France, and retire to Italy,
whither Mr Leflie followed him, and remained in that
country till the year 1721. He met with fo many dif¬
ficulties and difappointments at this time, that he deter¬
mined to return and die in his native country. Some
of his friends acquainted Lord Sunderland with his re-
folution, who generouily promifed to proteft him from
the interference of government. On the arrival of Mr
Leffie in England, a member of the houfe of commons
waited upon his lordffiip with the news j but we are
happy to inform our readers that he had no great reafon
to boaft of his reception. On Mr Leflie’s return to
Ireland, he died in 1722, in the month of April, at his
own houfe, in the county of Monaghan.
He was undoubtedly a man of great merit and ex-
tenfive erudition, diftinguiihed by his piety, humility,
and integrity, among whofe works are fome mafterly
defences of the Chriftian religion, againft Deifts and
Jews, and of the Proteftant faith againft that of the
church of Rome. His opinions were rather fingular
refpe&ing church government, but it muft be allow¬
ed that he defended them with great ability and
acutenefs.
LESSER tone, in Mufic. See Tone.
LESSINES, a town of the Auftrian Netherlands,
in Hainault, feated on the river Dender, and famous
for its linen manufa&ure. W. Long. 3. 53. N. Lat.
51. 41;
67 ] L E S
LESSONS, among ecclefiaftical writers, portions of Z-effons
the Holy Scripture, read in Chriftian churches, at theT,T.,^
time of divine fervice.
In the ancient church, reading the Scriptures was
one part of the fervice of the catechumens j at which
all perions were allowed to be preient, in order to ob¬
tain inftrudlion. *
The church of England, in the choice of leffons,
proceeds as follows: for the firft leffon on ordinary
days, ffie diredfs, to begin at the beginning of the
year with Genefis, and fo continue on, till the books
of the Old Teftament are read over •, only omitting
the Chronicles, which are for the moft part the fame
with the books of Samuel and Kings, and other parti¬
cular chapters in other books, either becaufe they con¬
tain names of perfons, places, or other matters lefs pro¬
fitable to ordinary readers.
The courfe of the firft leffons for Sundays is regu¬
lated after a different manner. From Advent to Sep-
tuagefima Sunday, fome particular chapters of Ifaiah
are appointed to be read, becaufe that book contains-
the cleareft prophecies concerning Chrift. Upon Sep-
tuagefima Sunday Genefis is begun, becaufe that book
wdiich treats of the fall of man, and the fevere judge¬
ment of God inflifted on the world for fin, beft fuits
wuth a time of repentance and mortification. After
Genefis, follow chapters out of the books of the Old
Teftament, as they lie in order •, only on feftival Sun¬
days, fuch as Eafter, Whitfunday, &c. the particular
hiftory relating to that day is appointed to be read j
and on the faints days, the church appoints lefibns out
of the moral books, fuch as Proverbs, Ecclefiaftes, Ec-
clefiafticus, &c. as containing excellent inftru&ions for
the conduff of life.
As to the fecond leffons, the church obferves the
fame courfe both on Sundays and week days : reading
the Gofpels and A£ls of the Apoftles ia the morning,
and the Epiftles in the evening, in the order they ftand
in the New Teftament : excepting on faints days and
holidays, when fuch leffons are appointed as either ex¬
plain the myftery, relate the hiftory, or apply the ex¬
ample to us.
LESTOFF, or LEOSTOFFj a town of Suffolk in
England, feated on the fea (bore, 117 miles north-eaft
of London. It is concerned in the fiffieries of the
North fea, cod, herrings, mackerels, and fprats j has a
church and a diffenting meeting-houfe j and for its fe-
curity, fix 18 pounders, which they can move as occa-
fion requires ; but it has no battery. The towm confifts
of 500 houfes ; but the ftreeis, though tolerably paved,
are narrow. The coaft is there very dangerous for
ftrangers.
L’ESTR ANGE, Sir Roger, a celebrated writer in
the 17th century, was defcended from an ancient fa¬
mily, feated at Hunftanton-hall in the county of Nor¬
folk, where he w'as born in 1616, being the youngeft
fon of Sir Hammond L’Eftrange, Bart, a zealous royal-
ift. Having in 1644 obtained a commiffion from
King Charles I. for reducing Lynn in Norfolk, then in
poffeflion of the parliament, his defign was difcovered,
and his perfbn feized. He was tried by a court-mar¬
tial at Guildhall in London, and condemned to die as
a ipy ; but was reprieved, and continued in Newgate
for fome time. He afterwards went beyond fea $ and
ia Auguft 1653 returned to England, where he ap--
plied..
Letchlade.
L E T [ 76
L’Eftrange plied liirafelf to the protestor Oliver Cromwell, and
having once played before him on the bals viol, he was
by fome nicknamed Oliver's fiddler. Being a man of
parts, mailer of an eafy humorous ftyle, but withal in
narrow circumftances, be fet up a newfpaper, und@r
the title of The Public Intelligencer, in 1663 ; but
which he laid down, upon the publication of the fir ft
London gazette in 1665, having been allowed, how¬
ever, a confideration by government. Some time af¬
ter the Popifh plot, when the Tories began to gain the
afcendant over the Whigs, he, in a paper called the
Obfiervator, became a zealous champion for the former.
H e was afterwards knighted, and ferved in the parlia¬
ment called by King James II. in 1685. But things
taking a different turn in that prince’s reign, in point
of liberty of confcience, from what molt people expedl-
cd, our author’s Obfiervators were difafed as not at all
fuiting the times. However, he continued licenfer of
the prefs till King William’s acceffion, in whole reign
he met with fome trouble as a difaffedled perfon.
However, he went to his grave in peace, after he had
in a manner furvived his intelledluals. He publifhed
a great many political tradhs, and tranllated feveral
works from the Greek, Latin, and Spaniih ; viz. Jofe-
phus’s works, Cicero’s Offices, Seneca’s Morals, Eraf-
mus’s Colloquies, ^Lifop’s Fables, and Bonas’s Guide
to Eternity. The character of his ftyle has been va-
rioufly reprefented 5 his language being obferved by
fome to be eafy and humorous, while Mr Gordon fays,
“ that his productions are not fit to be read by any
who have tafte or good-breeding. They are full of
phrafes picked up in the ftreets, and nothing can be
more low or naufeous.”
LESTWEITHEL, a town of Cornwall in Eng¬
land, about 229 miles diftant from London. It is a
well-built town, where are kept the common gaol, the
weights and meafures for the whole ftannary, and the
county courts. It Hands on the river Foy, which
brought up veffels from Fow^ey, before it was choked
up with fand coming from the tin mines, and therefore
its once flouriffiing trade is decayed j but it holds the
bufhelage of coals, fait, malt, and corn, in the town
of Fow'ey, as it does the anchorage in its harbour. It
was made a corporation by Richard earl of Cornw^all
when he was king of the Romans, and has had other
charters fince. It confifts of feven capital burgeffes
(whereof one is a mayor), and 17 affiftants or common
council. It is part of the duchy of Cornwall, to wdiich
it pays 1 il. 19s. iod. a year for its liberties. Its chief
trade is the woollen manufadlory. It firit returned
members to parliament in the 33d of Edward I. They
are chofen by their burgeffes and afliilants. It w'as an¬
ciently the fhire town, and the knights of the (hire are
ftill chofen here.
LETCHLADE, a town of Gloucefterfhire, 90
miles from London, on the borders of Oxfordfhire and
Berks, and the great road to Gloucefter ; had ancient¬
ly a nunnery, and a priory of black canons. In this
pariffi is Clay bill. The market is on Tuefday •, and it
has two fairs. It is fuppofed to have been a Roman
town p for a plain Roman road runs from hence to Ci-
rencefter; and by a digging in a meadow near it fome
years ago, an old building was difcovered, fuppofed to
be a Roman bath, w hich w^as 50 fe-t long, 40 broad,
and 4 high, fupported with 100 brick pillars, curicufly
8 ]
L E T
inlrdd with Hones of divers colours of teffera'c work. I
The Leech, the Coin, the Churn, and Lis, w hi .h all
rife in the Cotfwould hills, join here in one full ft earn,
and become one river, called the Thames, wdiich begins
here to be navigable j and barges take in butter, clieefe,
and other goods, at its quay, tor London.
LETHARGY, in Medicine (from oblivion,
and numbnefis, laxinefisfi a difeafe confiding of a
profound drowiinefs or lleepinefs, from which the pa¬
tient can fcarce be awaked 5 or, if awaked, he remains
ftupid, without fenfe or memory, and prefently links
again into his former lleep. See Medicine Index.
Lethargy, in Farriery. See Farriery, N° 507.
LETHE, (from XctvSxva, “ I hide or conceal”), in
the ancient mythology, one of the rivers of hell,
fignifying oblivion or forgetfulnefs ; its waters having,
according to poetic fiction, the peculiar quality of
making ihofe who drank them forget every thing that
wras pa ft.
LETI, Gregorio, an eminent Italian writer, w-as
defcended of a family which once made a confiderable
figure at Bologna : Jerom, his father, was page to
Prince Charles de Medicis 5 ferved iorne time in the
troops of the grand duke as captain of foot ; and
fettling at Pvlilan, married there in 1628. He w-as af¬
terwards governor of Almantea in Calabria, and died
at Salerno in 1639. Our author wTas born at Milan
in 1630, ftudied under the Jefuits at Colenza, and
was afterwards fent by an uncle to Rome, who would
have him enter into the church •, but he being averfe
to it, went to Geneva, where he ftudied the govern¬
ment and the religion there. Thence he went to Lau-
fanne; and contradfing an acquaintance with John
Anthony Guerin, an eminent phyfician, lodged at his
houfe, made profefilon of the Calvinift religion, and
married his daughter. He lettled at Geneva 5 where
he fpent almoft twenty years, carrying on a corre'pon-
dence v ith learned men, efpecially thofe of Italy. Some
contefts obliged him to leave that city in i 679 } upon
which he wTent to France, and then to England, where
he was received with great civility by Charles II. who,
after his firft audience, made him a prefent of a thou-
fand crowns, with a promife of the place of hiiioiio-
grapher. He wrote there the Hiftory of England ;
but that work not pleafing the court on account of his
too great liberty in writing, he was ordered to leave
the kingdom. He wrent to Amfterdam in 1682, and
was honoured w'ith the place of hiftonographer to that
city. He died fuddenly in 1701. He w:as a man of
indefatigable application, as the multiplicity of his
wmrks (how. The principal of thele are, 1. 1 he uni-
verfal monarchy of Louis XIV. 2. 1 he Life of Pope
Sixtus V. 3. The Life of Philip II. King of Spain.^
4. The Life of the Emperor Charles V. 5. The Life
of Elizabeth, Queen of England. 6. ( he Hiftory ol
Oliver Cromwell. 7. The Hiftory of Great Britain,
3 vols i2mo. 8. The Hiftory of Geneva, &:c.
LETRIM, a county of Ireland. See Leitrim.
LETTER, a charadler ufed to exprefs one of the
ftmpie founds of the voice ; and as the different fimple
founds are expreffed by different letters, thefe, by be¬
ing differently compounded, become the vifible figns
or character! of all the modulations and mixtures of
founds ufed to exprefs ou’- ideas in a regular language.
Sec Language. Thus, as by the help of fpeech we
render
Letter.
L E - T t 769 ] LET
render our ideas audible ; by the afliftance of letters we
render them vifible, and by their help we can wrap up
our thoughts, and fend them to the tnoft diftant parts
of the earth, and read the tranfa&ions of different ages.
As to the firll letters, what they were, who firlt in¬
vented them, and among what people they were firft
in ufe, there is ftill room to doubt : Philo attributes
this great and noble invention to Abraham j Jofephus,
St Irenaeus, and others, to Enoch j JBibliander, .to
Adam •, Eufebius, Clemens Alexandrinus, Cornelius
Agrippa, and others, to Mofes j Pomponius Mela,
Heroclian, Rufus Feftus, Pliny, Lucan, &c. to the
Phoenicians j St Cyprian, to Saturn *, Tacitus, to the
Egyptians j fome, to the Ethiopians j and others, to
the Chinefe : but, with refpedf to thefe laid, they can
never be entitled to this honour, fince all their charac¬
ters are the figns of words, formed without the ufe of
letters ; which renders it impoffible to read and write
their language without a vaft expence of time and
trouble; and abfolutely impoffible to print it by.the
help of types, or any other manner but by engraving,
or cutting in wood. See Printing.
There have been alfo various conjedlures about the
different kinds of letters ufed in different languages :
thus, according to Crinitus, Mofes invented the He¬
brew letters; Abraham, the Syriac and Chaldee; the
Phoenicians, thofe of Attica, brought into Greece by
Cadmus, and from thence into Italy by the Pelafgians;
Nicoftrata, the Roman ; Ifis, the Egyptian ; and Vul-
filas, thofe of the Goths.
It is probable, that the Egyptian hieroglyphics were
the firft manner of writing : but whether Cadmus and
the Phoenicians learned the ufe of letters from the E-
gyptians, or from their neighbours of Judea or Samaria,
is a queftion ; for fince fome of the books of the Old
Teftament were then written, they are more likely to
have given them the hint, than the hieroglyphics of
Egypt. But wherefoever the Phoenicians learned this
art, it is generally agreed, that Cadmus the fon of
Agenor firft brought letters into Greece; whence, in
following ages, they fpread over the reft of Europe.
See Alphabet and Writing.
Letters make the iirft part or elements of grammar ;
an affemblage of thefe compofe fyllables and words,
and thefe compofe fentences. The alphabet of every
language confifts of a number of letters, which ought
each to have a different found, figure, and ufe. As
the difference of articulate founds was intended to ex-
prefs the different ideas of the mind, fo one letter was
originally intended to fignify only one found, and not,
as at prefent, to exprefs fometimes one found and fome-
times another ; which pra&ice has brought a great deal
of confufion into the languages, and rendered the learn¬
ing of the modern tongues much more difficult than it
would otherwife have been. This confideration, to¬
gether with the deficiency of all the known alphabets,
from their wanting fome letters to exprefs certain
founds, has occafioned feveral attempts towards an uni-
verfal alphabet, to contain an enumeration of all fuch
fingle founds or letters as are ufed in any language.
See Alphabet.
Grammarians diftinguilh letters into vowels, confo-
nants, mutes, liquids, diphthongs, and charafleriftics.
They are likewife divided into capital and fmall letters.
VOL. XL Part II.
They are alfo denominated from the fhape and turn of
the letters; and in writing are diftinguilhed into dif¬
ferent hands, as round text, German text, round hand,
Italian, &c. and in printing, into Roman, Italic, and
black letter.
The term Letter, or Type, among printers, not on¬
ly includes the CAPITALS, SMALL CAPITALS, and
fmall letters, but all the points, figures, and other
marks caff; and ufed in printing ; and alfo the large
ornamental letters, cut in wood or metal, which take
place of the illumined letters ufed in manuferipts. The
letters ufed in printing are caff at the ends of fmall
pieces of metal, about three quarters of an inch in.
length ; and the letter being not indented, but raifed,
eafily gives the impreffion, when, after being blacked
with a glutinous ink, paper is clofely preffed upon it.
See the articles Printing and Type. A fount of
letters includes fmall letters, capitals, fmall capitals,
points, figures, fpaces, &c. ; but befides, they have
different kinds of two-line letters, only ufed for titles,
and the beginning of books, chapters, &c. See Fount.
Letter is alfo a writing addreffed and fent to *
perfon. See Epistle.
The art of epiftolary writing, as the late tranflator
of Pliny’s Letters has obferved, was effearned by the
Romans in the number of liberal and polite accom-
pliffiments ; and we find Cicero mentioning with great
pleafure, in fome of his letters to Atticus, the elegant
fpecimen he had received frorre his fon of his genius
in this way. It feems indeed to have formed part of
their education ; and, in the opinion of Mr Locke,
it well deferves to have a (hare in ours. “ The writ¬
ing of letters (fas that judicious author obferves) enters
fo much into all the occafions of life, that no gentleman
can avoid Ihowdng himfelf in compofitions of this kind.
Occurrences will daily force him to make this ufe of
his pen, which lays open his breeding, his fenfe, and
his abilities, to a feverer examination than any oral dif-
courfe.” It is to be Wondered we have fo few writers
in our own language who deferve to be pointed out as
models upon fuch an occafion. After having named
Sir William Temple, it would perhaps be difficult to
add a fecond. The elegant writer of Cowdey’s life
mentions him as excelling in this uncommon talent;
but as that author declares himfelf of opinion, “ That
letters which pafs between familiar friends, if they are
written as they Ihould be, can fcarce ever be fit to fee
the light,” the world is deprived of wrhat no doubt
w7ould have been well worth its infpeftion. A. late di¬
ftinguilhed genius treats the very attempt as ridiculous,
and profeffes himfelf “ a mortal enemy to w hat they
call a fine letter.'1'1 His averfion, however, was not fo
ftrong, but he knew to conquer it w-hen he thought
proper ; and the letter which clofes his correfpondence
with Bilhop Atterbury is, perhaps, the moft genteel and
manly addrefs that ever was penned to a friend in dif-
grace. The truth is, a fine letter does not confift in
faying fine things, but in expreffmg ordinary ones in an
uncommon manner. It is the proprie communia clicere,
the art of giving grace and elegance to familiar occur¬
rences, that conftitutes the merit of this kind of writ¬
ing. Mr Gay’s letter, concerning the two lovers who
K’ere fimek dead with the fame flalh of lightning, is a
mafterpiece of the fort ; and the fpecimen he has there
5 E given
Letter.
Letter.
Ward's
Oratory.
L E T [ 77° 1 L E T
given of his talents for this fpeciesof compofition makes
it much to be regretted we have not more from the
fame hand.
Of the Style of Epiftolary Compofition. Purity in the
choice of words, and juitnefs of conftrudlion, joined
with perfpicuity, are the chief properties of this ftyle.
Accordingly Cicero fays: “ In writing letters, we make
ufe of common words and exprefiions.” And Seneca
more fully, “ I would have my letters to be like my
difcourfes, when we either lit or walk together, un-
ftudied and eafy.” And what prudent man, in his
common difcourfe, aims at bright and llrong figures,
beautiful turns of language, or laboured periods ? Nor
is it always requilite to attend to exadt order and me¬
thod. He that is mafter of what he writes, will na¬
turally enough exprefs his thoughts without perplexity
and confufion : and more than this is feldom neceflary,
efpecially in familar letters.
Indeed, as the fubjedls of epiftles are exceedingly
various, they will neceffarily require fome variety in
the manner of expreffion. If the fubjedl be fomething
■Weighty and momentous, the language Ihould be
Urong and folemn j in things of a lower nature, more
free and eafy j and upon lighter matters, jocofe and
pleafant. In exhortations, it ought to be lively and
vigorous; in confolations, kind and compaflionate j
and in advifing, grave and ferious. In narratives, it
Ihould be clear and diftindl; in requefts, model! j in
commendations, friendly; in profperity cheerful, and
mournful in adverfity. In a word, the ftyle ought to
be accommodated to the particular nature of the thing
about which it is converfant.
Befides, the different charadler of the perfon, to
whom the letter is written, requires a like difference
in the modes of expreffion. We do not ufe the fame
language to private perfons, and thofe in a public fta-
tion ; to fuperiors, inferiors, and equals. No do we
exprefs ourfelves alike to old men and young, to the
grave and facetious, to courtiers and philofophers,
to our friends and ftrangers. Superiors are to be
addreffed with refpeft, inferiors with courtefy, and
equals with civility \ and every one’s charadfer, fta-
tion, and circumftances in life, with the relation we
Hand in to him, occafion fome variety in this refpedl.
But when friends and acquaintances correfpond by
letters, it carries them into all the freedom and good-
humour of converfation •, and the nearer it refembles
that, the better, fince it is deligned to fupply the room
of it. For when friends cannot enjoy each others
company, the next fatisfadlion is to converfe with
each other by letters. Indeed, fometimes greater
freedom is ufed in epiftles, than the fame perfons
would have taken in difcourfing together; becaufe,
as Cicero fays “ A letter does not blulh.” But ftill
nothing ought to be faid in a letter, which, confidered
in itfelf, would not have been fit to fay in difcourfe ;
though modefty perhaps, or fome other particular
reafon, might have prevented it. And thus it fre¬
quently happens in requefts, reproofs, and other cir¬
cumftances of life. A man can afk that by writing,
which he could not do by words, if prefent; or blame
what he thinks amifs in his friend with greater liberty^
when abfent, than if they were together. From hence
it is eaiy to judge of the fitnefs of aiiy expreffion to
ftand in an epiftle, only by conffdering, whether the
fame way of fpeaking would be proper in talking with Letter,
the fame perfon. Indeed, this difference may be al-
lowed, that as perfons have more time to think, when
they write, than when they fpeak j a greater accu¬
racy of language may fometimes be expedied in one,
than the other. However, this makes no odds as to the
the kind of ftyle; for every one would choofe to fpeak
as corredlly as he writes, if he could. And there¬
fore all iuch words and expreflions as are unbecom¬
ing in converfation, ftrould be avoided in letters ; and
a manly limplicity, free of all affedlation, plain, but
decent and agreeable, ftiould run through the whole.
I his is the ufual ftyle of Cicero’s epiftles, in which
the plaihnefs and fimplicity of his didlion is accom¬
panied with fomething lo pleafant and engaging, that
he keeps up the attention of his reader, without fuf-
fering him to tire. On the other hand, Pliny’s ftyle
is fuccindl and witty : but generally fo full of turns
and quibbles upon the found of words, as apparently
render it more ftiff and affedled than agrees with
converfation, or than a man of fenfe would choofe in
difcourfe, were it in Jiis power. You may in fome
meafure judge of Plirfy’s manner, by one ftiort letter
to his friend, which runs thus: “ How fare you ?
As I do in the country ? pleafantly ? that is, at leifure ?
For which reafon I do not care to write long letters,
but to read them 5 the one as the effedl of nicenefs,
and the other of idlenefs. For nothing is more idle
than your nice folks, or curious than your idle ones.
Farewell.” Every fentence here confifts of an anti-
thefis, and a jingle of words, very different from the
ftyle of converfation,. and plainly the effedt of ftudy.
But this was owing to the age in which he lived, at
which time the Roman eloquence was funk into puns,
and an affedlation of wit; for he was otherwife a man
of fine fenfe and great learning.
Letter of Attorney, in Law, is a writing by which
one perfon authorizes another to do fome lawful ad!
in his ftead ; as to give feifin of lands, to receive debts,
fue a third perfon, &c.
The nature of this inftrument is to transfer to the
perfon to whom it is given, the w7hole power of the
maker, to enable him to accomplilh the ad! intended
to be performed. It is either general or fpecial; and
fometimes it is made revocable, which is when a bare
authority is only given ; and fometimes it is irrevo¬
cable, as where debts, &c. are afligned from one per¬
fon to another. It is generally held, that the power
granted to the attorney mull be ftridlly purfued 5 and
that where it is made to three perfons, two cannot exe¬
cute it. In moft cafes, the power given by a letter of
attorney determines upon the death of the perfon who-
gave it. No letter of attorney made by any feaman,
&c. in any fliip of war, or having letters of marque, or
by their executors, &c. in order to empower any per¬
fon to receive any lhare of prizes or bounty-money,
ftiall be valid, unlefs the fame be made revocable, and
for the ule of iuch feamen, and be figned and executed
before, and attefted by, the captain and one other of
the figning officers of the fhip, or the mayor or chief
magiftrate of fome corporation.
Letter of Mart or Marque. See Marque.
Letters Patent or Overt, are writings fealed with
the great feal of England, whereby a man is autho¬
rized to do, or enjoy any thing, which, of himfelf,
v-—- he
LEU [ • 77
Lettuce he could not do. See Patent.—They are fo called
II by reafon of their form •, as being open, with the feal
Leiicata^ aijixecj reac|y to be drown for the confirmation of the
authority given by them.
LETTUCE. See Lactuca, Botany Index; and
for the cultivation of the different kinds of lettuce, fee
Gardening Index.
LEVANT, in Geography, fignifies any country
fituated to the eaft of us, or in the eaftern fide, of any
continent or country, or that on which the fun rifes.
Levant is alfo a name given to the eailern part of
the Mediterranean fea, bounded by Natolia or the Lef-
ler Alia on the north, by Syria and Paleftine on the
eaft, by Egypt and Barca on the fouth, and by the
ifland of Candia and the other part of the Mediterra¬
nean on the weft.
LEVATOR, in Anatomy, a name given to feveral
mufcles. See Anatomy, Table of the Mufcles.
LEUCA, in antiquity, a geographical meafure of
length in ufe among the latter Gauls j which, accoiding
to Jornandes, who calls it leuga, contained fifteen hun¬
dred paces, or one mile and a half. Idence the name
of league, now reckoned at three miles } in the rower
age. called leuva.
LEUCADENDRON, a genus of plants belonging
to the tetrandria clafs; and in the natural method rank¬
ing under the 48th order, Aggregate. See Botany
Index. .
LEUCADIA, formerly called Nentis, a pemnltila
of Acarnania, (Homer) j but afterwards, by. cutting
through the peninfula, made an ifland, as it is at this
day, called St Maura.
LEUCAS, in Ancient Geography, formerly called
Neritos and Nentum, a town of Leucadia or Leucas }
near a narrow neck of land, or ifthmus, on a hill facing
the eaft and Acarnania *, the foot or lower part of the
town was a plain lying on the fea by which Leucadia
was divided from Acarnania, (Livy) j though Thucy¬
dides places Leucas more inward in the ifland, which
was joined to the continent by a bridge. It was an
illuftrious city, the capital of Acarnania, and the place
of general aflembly.
LEUCATA, or Leucate, in Ancient Geography,
a promontory of Leucadia, according to Straoo, a w'hite
rock projetling into the fea towards Cephalenia, on
which flood a temple of Apollo furnamed Leucadius.
At his feftival, which was annually celebrated here, the
people were accuftomed to offer an expiatory facrifice
to the god, and to avert on the head of the vidlim all
the calamities with which they might be threatened.
For this purpofe, they made choice of a criminal con¬
demned to die ", and leading him to the brink of the
promontory, precipitated him into the lea amidft the
loud ftiouts of the fpeftators. The criminal, how¬
ever, feldom penftied in the w’ater : for it was the cu-
ftom to cover him with feathers, and to fallen birds to
his body, which by fpreading their wings might ferve
to break his fall. No looner did he touch the fea, than
a number of boats ftationed for the purpofe flew to his
afliftance, and drew him out •, and after being thus
faved, he was banilhed for ever from the territory of
Leucadia. (.S’/ra^o, lib. x. p. 452).
According to ancient authors, a ftrange opinion
concerning this promontory prevailed for foroe time
among the Greeks. They imagined that the leap of
i ] L E U
Leucata was a potent remedy againll. the violence of Leucippus
love. Hence difappointed or defpairing lovers, it is Leu(rope^
faid, were often known to have come to Leucadia.j trians.
and, having afcended the promontory, oilered lacri- v 1 J
fices in the temple, and engaged by a formal vow’ to
perform the defperate a61, to have voluntarily precipi¬
tated themfelves into the lea. Some are reported to
have recovered from the effe£fs of the fall *, and among ^
others mention is made * of a citizen of Buthroton, „
in Epirus, whofe pafiions always taking fire at ap, phot.
objects, he four times had recourfe to the fame reme-p. 491.
dy, and always with the fame fuccefs. As thole who
made the trial, however, feldom took any precaution
to render their fall lefs rapid, they were generally de-
ftroved . and women often fell victims to this act ot
defperation. At Leucata wTas ihowm the tomb of Ar-
temilia, that celebrated queen of Caria who gave fo ;
many proofs of courage at the battle of Salamis-f. ^ .
Inflamed with a violent paflion for a young man who cap_
inflexibly refufed her love, fhe furprifed him in his
fleep and put out his eyes. Regret and defpair foon
brought her to Leucata, w7here the perilhed in the
waves notwithftanding every effort to fave her Such
likewife was the end of the unhappy Sappho, J
faken by her lover Phaon, flie came hither to feek re¬
lief from her fufferings, and found her death. {Ale-
nand. ap. Strab. lib. x. p. 45 2.
LEUCIPPUS, a celebrated Greek philofopher and
mathematician 5 firft author of the famous fyftem of
atoms and vacuums, and of the hypothecs of ftorms ;
fince attributed to the moderns. He flourilhed about
428 B. C.
LEUCOGiEUS, in Ancient Geography, a hill fi-
tuated between Puteoli and Neapolis in Campania,
abounding in fulphur j nowT PAlumera. Whence there
w ere alfo fprings called Leucogcei fontes; the wraters
of which, according to Pliny, gave a firmnefs to the
teeth, clearnefs to the eyes, and proved a cure in
wounds.
LEUCO.TUM, Great Snow-drop, a genus of
plants belonging to the hexandria clafs j and in the na¬
tural method ranking under the ninth order, hpathacecz.
See Botany Index.
LEUCOMA, in antiquity, was a public regifter
amongft the Athenians, in which wrere inferted the
names of all the citizens, as foon as they were of age
to enter upon their paternal inheritance.
Leucoma, in Surgery, a diftemper of the eyes, other-
wife called albuyo. See Albugo and Surgery.
LEUCOPETRA, in Ancient Geography, fo called
from its white colour, (Strabo) j a promontory^ of the
Bruttii, in the territory of Rhegium, the termination
of the Apennines •, the utmoft extremity of the Brut¬
tii, or the modern Calabria Ultra; as the Japygium
is of the ancient Calabria, or the modern Calabria Ci-
tifa.
LEUCOPETRIANS, in ecclefiaftical hiftory, the
name of a fanatical fed which fprang up in the Greek
and eaftern churches towards the clofe of the 12th cen¬
tury : the fanatics of this denomination profeffed to
believe in a double Trinity, rejefted wedlock, abftain-
ed from flefti, treated with the utmoft contempt the
facraments of baptifm and the Lord’s flipper, and all
the various branches of external worfliip placed the
effence of religion in internal prayer, alone j and main-
5 E 2 tained,
Lfuco-
pblcg-
matia
II
Leucbra,
LEU
is faid, that an evil being,
taineJ, as it is ram, mat an evil being, or genius
dwelt in the bread of every mortal, and could be ex¬
pelled from thence by no other method than by per-
, petual fupplication to the Supreme Being. The found-
er of this enthuiiaftical (eft is faid to have been a
perfon called Leuccpetrus, and his chief d-:fciple Ty-
chicus, who corrupted, by fanatical interpretations, fe-
veral books of Scripture, and particularly St Matthew’s
Gofpel.
LEUCOPHLEGMATIA, in Medicine, a kind of
dropiy, otherwife called anafarca. See Leucopotion,
Medicine Index.
LEUCOTHOE, or Leucothea, in fabulous hi ftory,
the wife or Athamas, changed into a fea deity *, fee Lvo.
She was called Matuta by the Romans. She had a
temple at Rome, w7here all the people, particularly
women, offered vows for their brothers children. They
did not entreat the deity to protect their own children,
became Ino had been unfortunate in hers. No female
Haves were permitted to enter the temple *, or if their
curionty tempted them to tranfgrefs this rule, they
were beaten with the greateft feverity. To this fuppli-
cating for other people’s children, Ovid alludes in thefe
lines,
iSon tamen hanc pro Jlirpe fua pia mater adorat,
Ipfa par urn felix vifa fuiffe parens. Faff. vi.
LEUCTR A, in Ancient Geography, a town ofBoeotia,
to the weft of Hhebes, or lying between Plate* and
I hefpiae, where the Lacedemonians had a great defeat
given them by Epaminondas and Pelopidas, the Theban
generals. The Theban army confiffed at moft but of
6000 men, whereas that of the enemy was at leaft
thrice that number : but Epaminondas trufted moft in
his horfe, wherein he had much the advantage, both
in their quality and good management j the reft he en¬
deavoured to fupply by the difpofition of his men, and
the vigour of the attack. He even refufed to fuffer
any to ferve under him in the engagement, but fuch
as he knew to be fully refolved to conquer or die. He
put himfelf at the head of the left wing, oppofite to
Cleombrotus king of Sparta, and placed the main
ftrefs of the battle there ; rightly concluding, that if
he could break the body of the Spartans, which was
but 12 men deep, whereas his own was 5©, the reft
would be foon put to flight. He clofed his own with
the facred band, which was commanded by Pelopidas j
and placed his horfe in the front. His right, from
which he had drawn fo many men, he ordered to fall
back, in a flanting line, as if they declined to fight,
that they might not be too much expofed to the ene¬
my, and might ferve him for a corps of referve in cafe
of need. This was . the wife difpofition which the
two Theban generals made of thefe few but refolute
forces ; and which fucceeded in every part, according
to their wifh. Epaminondas advanced with his left
wing, extending it obliquely, in order to draw the ene¬
my’s right from the main body; and Pelopidas char¬
ged them with fuch defperate fpeed and fury, at the
head of his battalion, before they could reunite, that
their horfe, not being able to ftand the fhock, were
forced back upon their infantry, which threw the
whole into the greateft confuftbn : fo that though the
Spartans were of all the Greeks the moft expert in re¬
covering from any furprife, yet their fkill on this oc-
r 772 i
lev
Leuitra,
Level.
enfion either failed them or proved of no effetff ; for
tne Ihebans, obferving the dreadful impreffion they had
made on them with their horfe, pulhed lurioufly upon v
the opartan king, and opened their way to him with a
great (laughter.
^ Upon the death of Cleombrotus, and feveral officers
of note, the Spartans, according to cuftom, renewed
tbs fight with double vigour and fury, not lb much to
revenge his death as to recover his body, which was
fuch an eftabliftied point of honour as they could not
give^ up without the greateft difgrace. But here the
Iheban general wifely chofe rather to gratify them in
that point, than to hazard the lucceis of a lecond on-
fet ; and left them in poileffion of their king, whilft
he marched ftraight againit their other wing, com¬
manded by Archidamus, and confifted chiefly of luch
auxiliaries and allies as had not heartily engaged in
the Spartan intereft : thefe w7ere fo difeouraged by the
death of the king and the defeat of that wing, that
they betook themfelves to flight, and were prefently
followed by the reft of the army. The Thebans,
however, purfued them fo clofely, that they made a’
fecond dreadful flaughter among them ; which com¬
pleted Epaminondas’s viefory, who remained mafter of
the field, and eredted a trophy in memory of it. This
was the conclufion of the famed battle of Leudlra, in
which the Lacedemonians loft 4000 men, and the The¬
bans but 3C0.
LEVEL is an inftrument which enables us to find
a line parallel to the horizon, or concentric wflth the
circumference of the earth, and to continue it to any
diftance to form a furface exadtly level, having all
its points at equal diftances from the earth’s centre, or
to find the difference of afeent between feveral places
for. the purpofe of making roads, conducing water,
draining low grounds, rendering rivers navigable, form¬
ing canals, &c. &c.
Among the great variety of inftruments which have
been invented for thefe purpofes, the following are the
moft important and ufeful. x
Mir-L^rsL, that which (hows the line of level by Air-level,
means of a bubble of air enclofed with fome liquor in
a glafs tube of an indeterminate length and thicknefs,
W'hofe two ends are hermetically fealed. When the
bubble fixes itfelf at a certain mark, made exaftly in
the middle of the tube, the plane or ruler wherein it
is fixed is level. When it is not level, the bubble will
rife to one end. This glafs tube may be fet in another
of brafs, having an aperture in the middle, through
which the bubble of air may be obferved. The liquor
with which the tube is filled is oil of tartar, or aqua
fecundaj thefe not being liable to freeze as common wa¬
ter, nor to rarefa&ion and condenfation, as fpirit of
wine is. This application of a bubble of air was the
invention of Dr Hooke.
There is one of thefe inftruments made with fights,
which is an improvement upon that laft deferibed, and
which by a little additional apparatus, becomes more
commodious and exa<ff. It confifts of an air-level, (fig. Ccxcir
1.) about eight inches long, and feven or eight lines in fig,
diameter, fet in a brafs tube 2, with an aperture in the
middle, C. The tubes are fupported by ftraight ruler,
a foot long ; at whofe ends are fixed two fights, 3, 3,
exa&ly perpendicular to the tubes, and of an equal
height, having a fquare hole, formed by two fillets of
brafs
s
LEV [ *
Level brafs croffing each other at right angles, in the middle
'-"—"v of which is drilled a very fmall hole, through which a
point on a level with the inftrument is obferved. The
brafs tube is faftened on the ruler by means of two
fcrevvs 3 one of which, marked 4, ferves to raife or de-
prefs the tube at pleafure, for bringing it towards a
level. The top of the ball and focket is rivetted to a
little ruler that iprings, one end whereof is faftened
with a fcrew to the great ruler, and at the other end has
a fcrew, 5, ferving to raife and deprefs the inftrument
when nearly level.
The inftrument juft defcribed, however, is ftill lefs
commodious than the following one •, for though the
holes be ever fo fmall, they will take in too great a
fpace to determine the point of level precifely.
The inftrument alluded to confifts of an air-level,
with telefcopic fights. This level (fig. 2.) is like the
laft } with this difference, that, inftead of plain fights,
it carries a telefcope to determine exadlly a point of
level at a great diftance. The telefcope is a little brafs
tube, about j 5 inches long, faftened on the fame ruler
as the level. At the end of the tube of the telefcope,
marked 1, enters the little tube X, carrying the eye-
glafs and a hair placed horizontally in the focus of
the objeft-glafs, 2 ; which little tube may be drawn
out, or pulhed into the great one, for adjufting the
telefcope to different fights : at the other end of the
telefcope is placed the objecl-glafs. The fcrew 3, is for
railing or lowering the little fork, for carrying the hair,
and making it agree wuth the bubble of air when the in¬
ftrument is level j and the fcrew 4, is for making the
bubble of air, D or E, agree with the telefcope : the
whole is fitted to a ball and focket. M. Huygens is
faid to be the firft inventor of this level ; which has
this advantage, that it may be inverted by turning the
ruler and telefcope half round 5 and if then the hair
cut the fame point that it did before, the operation is
juft.
It may be obferved, that one may add a telefcope to
any kind of level, by applying it upon, or parallel to,
the bafe or ruler, when there is occafion to take the le¬
vel of remote objefts.
Defagu- Dr Hefaguliers contrived an inftrument, by which
liers’s level-the difference of level of two places, which could not
ling inftru- taken in lefs than four or five days with the belt
mem. telefcopic levels, may be taken in as few hours. The
inftrument is as follows. To the ball C (fig. 3.) is
joined a recurve tube BA, with a very fine bore, and
a fmall bubble at top A, whofe under part is open.
It is evident from the make of this inftrument, that
if it be inclined in carrying, no injury will be done
to the liquor, which will always be right both in the
ball and tube when the inftrument is fet upright. If
the air at C be fo expanded with heat, as to drive the
liquor to the top of the tube, the cavity A will receive
the liquor, which will come down again and fettle at
E>, or near it, according to the level of the place
where the inftrument is, as foon as the air at C returns
to the fame temperament as to heat and cold. To
preferve the fame degree of heat, when the different
obfervations are made, the machine is fixed in a tin vef-
fel EF, filled with water up to g A, above the ball,
and a very fenfible thermometer has alfo its ball under
water, that one may obferve the liquor at D, in each
73 ] L E V
experiment, when the thermometer ftands at the fame Level,
height as before. The Water is poured out when '
the inftrument is carried ; which one may do conve¬
niently by means of the wooden frame, which is fet
upright by the three ferews, S, S, S, (fig. 4.) and
a line and plummet PP, (fig. 5.) At the back part of
the wooden frame, from the piece at top K, hangs the
plummet P, over a brafs point at N; M w are brackets
to make the upright board KN continue at right
angles with the horizontal one at N. Fig. 6. reprefents
a front view of the machine, fuppofing the fore part
of the tin veffel tranfparent; and here the brafs focket
of the recurve-tube, into which the ball is ferewed, has
two wings at II, fixed to the bottom, that the ball
may not break the tube by its endeavour to emerge
when the water is poured in as high as g h.
After the doftor had contrived this machine, he
confidered, that as the tube is of a very final! bore, if
the liquor fhould rife into the ball at A (fig. 3.) in car¬
rying the inftrument from one place to another, fome
of it wmuld adhere to the fides or the ball A, and up¬
on its defeent in making the experiment, fo much
might be left behind, that the liquor would not be '
high enough at D to fhow the difference of the level :
therefore, to prevent that inconveniency, he contrived
a blank fcrew, to (hut up the hole at A, as foon as one
experiment is made, that, in carrying the machine, the
air in A may balance that in C, fo that the liquor
fhall not run up and down the tube, whatever degree
of heat and cold may aft upon the inftrument, in go¬
ing from one place to another. Now, becaufe one ex¬
periment may be made in the morning, the w^ater may
be lo cold, that when a iecond experiment is made at
noon the water cannot be brought to the fame degree
of cold it had in the morning therefore, in making
the firft experiment, wrarm water muft be mixed with
the cold, and when the water has ftood fome time, be¬
fore it comes to be as cold as it is likely to be at the
•warmeft part of that day, obferve and fet down the de¬
gree of the thermometer at which the fpirit ftands,
and likewife the degree of the water in the barometer
at D 5 then fcrew on the cape at A, pour out the wa¬
ter, and carry the inftrument to the place whofe level
you would know ; then pour in your water, and when
the thermometer is come to the fame degree as before,
open the fcrew at top, and obferve the liquor in the
barometer.
The do&or’s fcale for the barometer is ten inches
long, and divided into tenths j fo that fuch an in¬
ftrument will ferve for any heights not exceeding
ten feet, each tenth of an inch anfwering to a foot in
height.
The doftor made no allowance for the decreafe of
denfity in the air, becaufe he did not propofe this ma¬
chine for meafuring mountains (though, with a proper
allowance for the decreafing denfity of the air, it will
do very well), but for heights that want to be known
in gardens, plantations, and the conveyance of water,
where an experiment that anfwers two or three feet in
a diftance of 20 miles, will render this a very ufeful
inftrument. „
Artillery Foot-luErEL is in form of a fquare, having Artillery
its two legs or branches of an equal length j at a junc- foot-level •
ture. whereof is a little hole, whence hangs a thread
and i
LEV
[
Level.
—Tv 
4
Carpenters
and Pa-
■viers level.
Fig. 8.
5
Gunners
level.
6
Mafons le¬
vel.
Plumb or
pendulum
level.
and plummet playing on a perpendicular line in
1 middle of a quadrant. It is divided into twice 45
degrees from the middle. Fig. 7.
This inllrument may be uled on other occafions, by
placing the ends of its two branches on a plane ; for
when the thread plays perpendicularly over the middle
divifion of the quadrant, that plane is affuredly level.
To ufe it in gunnery, place the two ends on the piece
of artillery, which you may raife to any propofed
height, by means of the plummet, whofe thread will
give the degree above the level.
Carpenters and Paiders Li pel, confifts of a long
ruler, in the middle of which, is fitted, at right angles,
another fomewhat larger. At the top of this is
fattened a thread, which, when it hangs over a fiduci¬
al line at right angles with the bafe, ttrows that this
bafe is horizontal. Sometimes this level is compofed
of one board. See fig. 8.
Gunners Lestfl, for levelling cannons and mortars,
•confifts of a triangular brafs plate, about four inches
high, (fig. 9.) at the bottom of which is a portion
of a circle, divided only into 45 degrees j as this num¬
ber is fufficient for the higheft elevation of cannons and
mortars, and for giving ttiot the greateft range. On
the centre of this fegment of a circle is ferewed a piece
of brafs, by means of which it may be fixed or ferewed
at pleafure. The end of this piece of brafs is made fo
as to ferve for a plummet and index, in order to Ihow
the different degrees of elevation of pieces of artillery.
This inftrument has alfo a brafs foot, to fet upon can¬
nons or mortars, fo that when thofe pieces are horizon¬
tal, the inftrument will be perpendicular. The foot
of this level is to be placed on the piece to be elevated,
in fuch a manner, as that the point of the plummet
may fall on the proper degree •, this is what they call
levelling the piece.
Mafons is compofed of three rules, fo join¬
ed as to form an ifofceles triangle fomewhat like a Ro¬
man A. At the vertex of this triangle is fattened a
thread, from which hangs a plummet, that paffes over
a fiducial line, marked in the middle of the bafe, when
the thing to wftrich the level is applied is horizontal;
but declines from the mark, when the thing is lower
on the one fide than on the other.
Plumb or Pendulum Level, that which fhows the
horizontal lines by means of another line perpendicular
to that deferibed by a plummet or pendulum. This
inftrument, (fig. 10.) confifts of two legs or branches,
joined together at right angles. The branch which
carries the thread and plummet is about a foot and a
half long j and the thread is hung towards the top of
the branch, at the point 2. The middle of the branch
where the thread paffes is hollow, fo that it may hang
free everywhere : but towards the bottom, where there
is a little blade of filver, on which is drawn a line per¬
pendicular to the telefcope, the faid cavity is covered
by two pieces of brafs, making as it wTere a kind of
cafe, left the wind ttiould agitate the thread. For this
reafon the filver blade is covered with a glafs G, in or¬
der that it may be feen wdien the thread and plummet
play upon the perpendicular. The telefcope is faftened
to the other branch of the inftrument, and is about
two feet long j having an hair placed horizontally a-
crofs the focus of the objed-glafs, which determines
the point of the level. The telefcope muft be fitted
774 1 LEV
the at right angles to the perpendicular. It has a ball and Level,
focket, by which it is fixed to the foot, and was in- ' v '
vented by M. Picard. 8
R(feeling Level, that made by means of a pretty Manotte’s
long lurface of wrater reprefenting the fame objccl
verted which we fee ere£ted by the eye 5 fo that the
point where thefe two obje&s appear to meet is a level
with the place where the furface of the water is found.
This is the invention of M. Mariotte. ^
There is another reflecting level confifting of a mir- Caffini’s.
ror of fteel, or the like, well polilhed, and placed a
little before the objeft-glafs of a telefcope, fufpended
perpendicularly. This mirror muft make an angle of
45 with the telefcope ; in which cafe the perpendicu¬
lar line of the telefcope is converted into a horizontal
line, which is the fame with the line of level. This is
the invention of M. Caftini. IO
Water Level, that which fhows the horizontal line Water le-
by means of a furface of winter or other liquor •, found- veb or ch°-
ed on this principle that water always places itfelf°*
lev,el; . p dents!"
The moft Ample water level is made of a long
W’ooden trough or canal, whofe fides are pamllel to the
bafe •, fo that being equally filled with water, its fur¬
face (hows the line of level. This is the chorobates of
the ancients. See Chorobata.
It is alfo made with two cups fitted to the two ends
of a pipe, three or four feet long, about an inch in
diameter, by means of w7hich the water communicates
from the one to the other cup ; and this pipe being
moveable on its ftand by means of a ball and focket,
when the twro cups become equally full of water, their
two furfaces mark the line of level.
This inftrument, inftead of cups, may alfo be made
wfith twro fhort cylinders of glafs three or four inches
long, faftened to each extreme of the pipe with wax
or maftic. Into the pipe is poured fome common or
coloured water, which (hows itfelf through the cylin¬
ders, by means of which the line of level is determined;
the height of the water, with refpeft to the centre of
the earth, being always the fame in both cylinders.
This level, though very Ample, is yet very commodious
for levelling at fmall diftances. rr
De la Hire’s level confifts of twTo veffels filled wfith De la
water, and communicating with each other by means of^*16’5^0-
one or more tubes. A fmall cylindrical box made ofve^
thin copper or planiflied tin, and terminating belowr in
an obtufe cone, floats in each of thefe boxes, which are
kept in a vertical pofition by introducing into the cones
a ball of lead or a quantity of mercury. One of the
boxes carries the obje£l-glafs ; and the eye-glafs
along writh the crofs wires are faftened into the other,
but in fuch a manner as to be elevated or deprefled by
Aiding in two grooves, in order that the axes of the
lenfes may be exa&ly level, which is effedfted by mea-
furing a bafe. See Traite du Nivellement par M. Pi- 12
card. The inconveniences attending this inftrum ntDcfedb im
a rife from the difficulty of bringing the floating eye-Hirers le-
glafs into the fame line whth the axis of the object-^1.
glafs, and of making the boxes fettle in fuch a pofition
that dittinft vifion may be procured through the tele¬
fcope ; for if the wires in the focus of the eye-glafs be
out of the axis, or at the fmalleft diftance from the fo¬
cus of the obje£Tglafs, the image will be both indif-
tindl and deformed. In order that De la Hire’s level
may
LEV [ 775 ] LEV
Level.
*3
Couplet’s
improve-
may be perfeft, it is neceffary that the boxes fliould be
; of the fame weight and magnitude, that the boxes which
contain the water (hould be put nearly on a level by
means of a plummet, that the fame quantity of water
fliould be introduced, and that the objefl-glufs fliould
be kept at the fame height with the eye-glafs. Thefe
conditions, which are requifite to the perfection of the
level, are too numerous and too difficult to be attained,
to render this inltrument of any ufe where accurate re-
fults are required.
Thefe defeCts in De la Hire’s level were partly re¬
medied by M. Couplet, by inferting the objeCt-glafs
mem on De eye-glars Jnt0 fame tube, and by placing this
level ^ telefcope loofely on two boxes which formerly floated
at random on the fluid. He equalized the weight of
thefe boxes by means of a quantity of fmall (hot, and
verified the inftrument by putting one of the boxes be¬
neath the objeCt-glafs, and the other beneath the eye-
glafs of the telefcope. It is evident, however, that the
accuracy of Couplet’s level depends upon the equal
diftribution of the fmall (hot contained in the boxes j
for if it is diftributed unequally, the box will be more
deprefled on one fide than another, and confequently
the interfeftion of the crofs wires in the focus of the
eye-glafs, will either recede from, or approach to the
furface of the wrater, according as the fmall ffiot is une¬
qually diftributed in the box which fupports the eye-
glafs, or in that which carries the objeft-glafs. Befides
this fource of error, confiderable inconvenience muft:
arife in praClice from the want of connexion between
the telefcope and the two boxes upon which it floats.
The level of Deparcieux is properly an improve¬
ment upon that of Couplet. It confifts of two parts, a
box A BCD of light wood, in which are placed two
veflels of tin EFG, EFG filled with water. Thefe
vefiels are each 10 inches long, 7 inches wide, and 44-
deep, and communicate by one of more tubes GE.
The other part is compofed of three tubes M, M, M,
and of two boxes L, L, enclofed on all fides, having
84- inches of length, 6 of breadth, and 4 of depth, and
above thefe are foldered the three tubes. (Fig 1. is a
vertical fedlion, and fig. 2. a horizontal fedlion of the
inftrument). The two outermoft tubes are telefcopes
from 18 to 36 incheslong, pointed in oppofite direc¬
tions to prevent the neceflity of turning the level, and
are neceflary for its adjuftment and verification.—A
piece of lead weighing about two pounds is foldered to
the bottom of each box L, L, and a weight P of half
a pound is made to move towards or R by the fcrew
R£), in order to adjuft the level by making one of the
floating boxes fink deeper in the wrater than the other.
This weight fhould be fixed to a fmall tin tube which
can move eafily within the greater one, and the fcrew
is turned by means of a handle fimilar to that which is.
ufed for winding up a clock. The whole inftrument is
thus covered with a cafe a b to prevent the wind from
agitating the water.
In order to adjuft the level, place the box ABCD
adjuftingit. upon a table, and elevate one end or another by means
of wedges till the interfedlion of the two crofs wires in
the focus of the eye-glafs of one of the telefcopes feems
to fall upon a very remote objeft, each of thefe wares
being moveable by fcrews fo that their point of interfec-
tion can be varied. Then take the level out of the box
ABCD, and invert its pofition, fo that one of the tin
14
Depar-
cieux’s le¬
vel.
Plate
CCXCI1I.
fig. I.
Fig. 2.
*5
Method of
boxes EF may occupy the pofition which the other had Level.,
before, and look through the other telefcope. If the v~—'
interfedlion of the wires falls upon the fame objedl,
their pofition is corredl, and the axes of the telefcopes
are parallel ; but if it falls at a diftance from the ob-
jedl, the point of interfedlion mull be ftfifted one-half
of that diftance towards the objedl, and the fame ope¬
ration repeated till the interfedlion of the hairs of one
of the telefcopes covers the fame point of the objedl
that is hid by the interfedlion of the hairs of the other
telefcope. When this happens, the axes of the tele¬
fcopes will be exadlly parallel.
The level is then placed upon its Hand, which is fix¬
ed to the box at K, and a very remote objedl is exa¬
mined wdth one of the telefcopes, fo as to find the point
of it which is hid by the interfedlion of the wires. The
level is then inverted, and the objedl examined with
the other telefcope. If the interfedlion of the wires co¬
vers the fame point of the objedl as before, the level is
adjufted, and the objedl is in the line of apparent level
palling through the interfedlion of the wires. But if
this is not the cafe, the wreight P towards or towarcjs
R, according as the point of the objedl firft examined
is above or below the interfedlion of the wires, in order
to make the image of the objedt rife or fall one-half of
the diftance between the points that are covered by the
interfedlion of the wires in each obfervation. The ope¬
ration is then repeated, till the interfedlion of the wires
in both telefcopes falls upon the fame point of the ob¬
jedl, in which cafe the axes of the telefcopes will be
exadlly level, and the inftrument properly adjufted. It
is obvious that by moving the weight P from the pofi¬
tion wffiich it has when the level is adjufted, the axes
of the telefcopes will be inclined to the line of the level
either above or below it according as the weight is
moved to one fide or another? Hence, by meafuring
a bafe with a vertical objedl at its remote extremity,' it
may be eafily found how many minutes or feconds cor*-
refpond with a given variation in the pofition of the
weight, merely by meafuring the tangents on the verti¬
cal objedt; fo that a fcale may be engraven on the tube
TT which will exhibit the angles of inclination to the
line of apparent level, formed by the axes of the tele¬
fcopes when the wTeight P has different pofitions.
The mercurial level' lately invented by the ingenious Keith’s
Alexander Keith Efq. of Ravelfton, is founded on the Jliercur^a^
fame principle as the levels of De la Hire, Couplet, and eVpjate
Deparcieux, with this difference, that mercury is em- CCXCIIL
ployed inftead of w^ater. A fedlion of the mercurial
level is reprefented in fig. 3. where A, A are twm ob- Fig. 3.
long fquare cavities communicating by means of the
channel MN. BB are two grooves hollowed out of
the wmod wffiich contain the fights D, D', fig. 4. when Fig- 4«
the inftrument is not in ufe. The fight D has a fmall
hole in it, and the other is furnilhed with a crofs hair.
They are fixed into two pieces of ivory or hard wmod,
which are nearly of the fame form as the cavities A, A,
but a little fmaller, fo that they may go into thefe cavi¬
ties without touching the fides. A quantity of mercu¬
ry is then introduced into the communicating veffels
A, A till they are about half full. The two fights are
then placed in the cavities, and float on the horizontal
furface of the mercury; confequently (Hydrodynamics*.
art. 34, 37) if the fights be of the fame dimenfion and;
weight, a line joining the crofs hair in D' and the
fmatf1
1
E V
[ 776 ]
LEV
Level.
%. 5-
M .
Defcription
of a level
CCXCIV.
Fig. x.
Fig. 2.
fmall hole in D will be level or parallel with the hori¬
zontal furface of the mercury. The inftrument com¬
pletely fitted up is reprefented in fig. 5. where D, D'
are the fights, D being the fight to which the eye is
applied. When there is a ftrong wind the level is co¬
vered with a cafe, in which two holes are left oppofite
to the fights.—The preceding level might be improved
by making the ci*ofs hair move up' and down with a
fcrew, and by engraving a fcale on the fide of the
fquare aperture at D', whofe divifions being fubdivided
by a fcale on the circumference of the nut that moves
the fcrew, would indicate to great accuracy the angle of
inclination.
The following inode of conftrufting a level upon a
new principle has occurred to the writer of this article,
upon a new j^et ^ a ref|e(q;ng furface either of glafs or water,
, n Plate' and ^et ke a flight ruler heldjabove this furface j
thus it follows from optical principles that the line MN
will be perpendicular to the plane AB when the objedt
MN and its image NM' appear in the fame ftraight line
.to an eye placed at M. Hence, by the bye, we may
afcertain the error of a fquare, by placing one of its fides
upon the furface of a looking glafs, and applying the
eye to its extremity M ; for if it is inaccurate, the image
of the fide MN will form an angle with MN, thus if
til N be the fide of the fquare, its image will be N in'.
—Now let VV be a velfel containing either water or
xncrcury, and let W be the furface of the fluid. This
veflel muff be firmly connedted with the bafe CD and
alfo with the vertical plane EF ^perpendicular to CD)
by means of the crofs bars a b, c d. The telefcope AB
is faftened to MN, another plane which rifes perpen¬
dicular to the plane EF, and the plane MN is fo con-
nedled with EF by means of fcrews, that its fide MN
may be made to vary its angle with the horizon, in any
diredlion. The vefiel VV, therefore, and the planes
EF, CD remain fixed, while the telefcope AB and the
plane MN can vary their pofiticn relative to the other
parts of the level. The telefcope AB Ihould befocon-
llrutled as to anfwer the purpofe of twv> telefcopes. It
has an object-glafs both at A and B, and alfo an eye-
glafs with crofs wires at A and B ; and thefe are fo fitted
into the tube that when the eye is applied to the end
B, the objedl glafs at B, and the eye-glafs at A with its
crofs hairs, may be turned to one fide fo as to have di-
fiinit vifion with the remaining eye-glafs at B and the
objedbglafs at A. When the eye is applied to A, the
eye-glafs at B and the objeft-glafs at A are moved out
of the axis of the telelcope for the fame reafon. This
contrivance Is for the purpofe of avoiding the necefiity
of having two telefcopes. The crofs hair in the focus
of each eye-glafs mull be made capable of varying their
pofition, fo that the point of interfedlion may be drifted
for the purpofes of adjuftment.
In order to adjurt the infirument, place its bafe CD,
upon a table, and move the ttdefcope of the index MN
till the image N'M' is in the fame Hraight line with
MN. Then look through the extremity B at a diftant
objeft, and mark the point of it which is covered by the
in ter feed ion of the wires. Infert the whole inftrument
fo that the end A may be at B, adjuft the index MN
as before, and look through the telcfcope at the fame ob-
iefi. If the interfeefion of the wires falls upon the
fame point of the objecl as formerly, the inftrument is
properly adjlifted. But if not, the interfedlion of the
3
Leve!.
x8
Method of
adjulting
it.
19
rgen
:1.
Plate
CCXCII.
crofs wires in one of the eye-pieces muft be varyed, ds
in the adjuftment of Deparcieux’s level, till it covers
the fame point of the obje£t that was covered at the firil
obfervation. When this happens, the inftrument is
duly adjufted, and may be ufed by placing the bafe CD
upon a ft and, and adjufting the index MN ; for when
this is done, the axis of the telefcope will be in a line
accurately horizontal.
Level of Mr Huygens''s invention, confifts of a tele-Huygens’s
fcope a, (fig. 11.) in form of a cylinder, going throughlevel:
a ferril, in which it is faftened by the middle. This P
ferril has two flat branches b b, one above, and the other
belowT : at the ends whereof are faftened little moving
pieces, which carry two rings, by one of w'hich the
telefcope is fufpended to an hook at the end of the
fcrew 3, and by the other a pretty heavy weight is
fufpended, in order to keep the telefcope in cequilibrio.
This weight hangs in the box 5, which is almoft filled
with linfeed oil, oil of walnuts, or other matter that
will not eafily coagulate, for more aptly fettling the
balance of the W'eight and telefcope. The inftrument
carries tw’o telefcopes clofe and parallel to each
other $ the eye-glals of the one being againft the ob-
jeft-glafs of the other, that one may fee ,each way
without turning the level. In the focus of the objeft-
glafs of each telefcope muft a little hair be ftrained ho¬
rizontally, to be raifed and lowered as occafion requires
by a little fcrew. If the tube of the telefeope be not
found level when fufpended, a ferril or ring, 4, is put
on it, and is to be Aid along till it fixes to a level.
The hook on which the inftrumdnt is hung is fixed to
a flat wooden crofs; at the ends of each arm whereof
there is a hook ferving to keep the telefcope from
too much agitation in ufing or carriage. To the faid
flat crofs is applied another hollow one, that ferves as
a cafe for the inftrument j but the two ends are left
open, that the telefcope may be fecured from the wea¬
ther and always in a condition to be ufed. The foot
of this inftrument is a round brafs plate, to wdiich are
faftened three brafs ferrils, moveable by means of joints
whereon are put ftaves, and on this foot is placed the
box.
Fig. 12. marked I, is a balance-level; which being
fufpended by the ring, the two fights, when in (equi¬
libria, will be horizontal, or in a level.
Spint-LEVKL. The moft accurate levelling inftru-siffon’s fpi-
ment, and that poffelfed of tHe greateft effential ad- rit-level.
vantages in ufe, is the fpirit-level •, which was firft
conftruffed by Mr Sifibn, and to which feme fmall
additions and improvements have been fince made.
The following is a defcription of one of the beft of
thefe levels, as made by the principal mathematical
inftrument makers.
Fig. 13. is a reprefentation of the inftrument mount-
ed on its complete ftaves. The telefcope, ABC, is made, Graphical
from 15 inches to two feet in length, as may be required. E]Fays-
It is achromatic, of the beft kind, and fbowTs the ohjedts
ereft. In the focus of the eye-glafles are exceedingly
fine crofs wares, the interfection of which is evidently
fhown to be perfectly in the axis of the tube j for by
turning it round on its two fupporters DE, and looking
through the telefcope, the interfedfion of the wires wall
conftantly cut the fame part of the objedft viewed. By
turning the fcrew' a at the fide of the telefcope, the ob¬
ject glafs at g is moved j and thus the telefcope is exa£t-
LEV [ 777 ] LEV
Level, ly adapted to the eye. If thefe crofs wires are at any
v 1 time out of their adjuilment, which is diicovered by
their interfe£lion not cutting the fame part of the ob¬
ject during the revolution of the telefcope on its axis,
they are eafily adjufted by means of the four fcrews
bb b, placed on the telefcope about an inch from the end
for the eye. Thefe fcrews adl; in perpendicular direc¬
tions to one another, by unfcrewing one and tightening
the other oppofite to the wire, fo that if connected with
it, it may be moved either way at pleafure j and in this
manner the other wire perpendicular to it may be moved,
and thus the interfeclion of the wires brought exactly in
the axis of the tube.
To the telefcope is fixed, by two fmall fcrews cr*, the
level tube containing the fpirits, with a fmall bubble
of air : This bubble of air, wrhen the inllrument is
well adjufted, will fettle exa£Uy in the fame place, in
or near the middle of its tube, whether the telefcope
be reverfed or not on the fupporters, wdfich in this cafe
are kept unmoved.
It is evident, that the axis of the telefcope, or the
interfe6lion of the wires, as before Ihown, muft in this
cafe be truly level. In this eafy mode of adjuftment
confifts the improvement of the inftrument j and it is
hereby capable of being adjufted by only one ftation
and one objedt, which will at the fame time determine
it to be in a true level. If by change of weather, ac¬
cident, or any other caufe, the inftrument fhould have
loft its level or adjuftment, it may thus be readily refto-
red and readjufted at the firft ftation •, which is an ad¬
vantage pofl'efled by none of the inftruments formerly
made. The two fupporters DE, on which the level refts
and turns, are ftiaped like the letter Y. The telefcope
refts within the upper part of them •, and the inner fides
of each of thefe Y’s are tangents to the cylindric tube
of the telefcope, which is turned to a true cylinder, and
each touches it only at one place.
The lower ends of thefe fupporters are inferted into
a ftrong brafs plate FE, fo as to ftand perpendicularly
on it. One of thefe is kept faft by a tightening fcrew
G, and to the other is applied a fine threaded fcrew
H, to adjuft the tube, when on its fupporters, to a true
level. To the fupporter D is fometimes applied a
line of tangents as far as i 2 degrees, in order to take
an angle of depreflion or elevation to that extent. Be¬
tween the fupporters is alfo fometimes fixed a compafs-
box I, divided into 360 degrees, and again into four
90° j having a centre pin and needle, and trigger, at
to throw off the needle from the centre when not ufed ;
fo as to conllitute a perfeft circumferentor, conne£fed
■with all the foregoing improvements. This plate is fix¬
ed on a conical brafs ferrule K, which is adapted to the
bell-metal fruftum of a cone at top of the brafs head of
the ftaves, having a ball and focket, with three bell-
metal joints, two ftrong brafs parallel plates LL, four
fcrews e e e e for adjufting the horizontal motion, a regu¬
lating fcrew M to this motion, and a faftening fcrevv N
to tighten it on the cone when neceffary. The faften¬
ing fcrew N, and the regulating fcrew M, by which the
whole inftrument is moved with accuracy through a fmall
fpace in a horizontal dire£fion, was an addition of Mr
Ramfden’s.
The manner of adjufing the fpirit-level at the firf Jla-
iion.—The whole level being now placed fteadily on its
ftaves, it muft be rendered parallel to the axis of the
Vol. XI. Part IE
telefcope before you adjuft the horizontal motion. For
this purpofe the telefcope muft be placed in a line with
two of the ferevvs e e, and then levelled by thefe till the
bubble of air in the fpirit-tube keeps its pofition in the
middle, while turned about to three points, making near¬
ly right angles at the centre to one another.
The horizontal motion being thus adjufted, the rims
yj/'of the Ys are to be opened, the telefcope taken off
and laid the contrary way upon the fupporters. If the
bubble of air then refts exaftly the fame, the level and
telefcope are adjufted rightly to one another ; but if
the bubble does not remain the fame, the end to which
the air bubble goes muft be noticed, and the diftance
of it from the telefcope altered j correcting one half
the error by the fcrews c c, and the other half by the
fcrews ee.
Now the interfeflion of the wires being diredled
to any diftant objedt, it may be one of the vanes of
the ftaves hereafter deferibed ; if they continue to be
againft it precifely while the telefcope is turned round
on its Ys, it proves, as before mentioned, that the axis
of the telefcope coincides with the interfedlion of the
wires, and that the inftrument will give the true level
diredlion.
The operation of levelling being of a very accurate
and important nature, and the beft inftrument when
out of its adjuftment being of little ufe, it is quite ne¬
ceffary that every perfon ufing fuch an inftrument
fhould have it readily in his power to corredt it j and
the one above deferibed appears to be the beft adapted
for that purpofe of any hitherto contrived.
Theory of the Spirit Level.
Let ABC, fig. 3. be a veffel of glafs hermetically feal- Plate .
ed, its upper furface ABC being the arch of a circle CCXClV.
whofe centre is O. This veffel contains a quantity of fpirit
of wine or alcohol, whofe level or furface is NEN.
The line VOT interfedling the arch N « in B, and ex¬
tending to T, which is fuppofed to be the centre of the
earth. Therefore, (Hydrodynamics, art. 36.) the
furface NE n is the arch of a circle whofe centre is T»
XYZ is a right line fixed with refpedt to the radius B,
and .confequently wdth regard to the veffel ABCD.
Now let the radius O n~r T and the arch B b
In the prefent fituation of the veffel the vertical line
VT coincides with the radius BO j but if the pofition
of the veffel is altered till BO takes the fituation bo, it
will then make with VT an angle O e T, which w7e
fhall fuppofe 1", and which may be fuppofed equal to
the angle O b T, as BT may be confidered as parallel
to b T. The angle XVT wall now become X'YT,
and will vary by a quantity equal to 0£ T. Then by
taking NN', and n n' equal to B b, the points N' and
n' will be determined, which in the new pofition of the
veffel become the points in which the fuperior furface of
the fluid meet the arch ABC.
Now, calling the angle B F b—<p, we have (Euclid,
book i. prop. 32) JhO b—Q11', and <p -f. i' : <p—
R (p
bT •. b Oi=R : r, confequently and fubfti-
tuting inftead of 1" and p arcs of the fame value, hav¬
ing unity for radius, the produfl R p will be equal to
the arc E e, for which we may take V>b or and
5 F fince
LEV
LEV [ 778 ]
Level.
270.) l" —
Plate
CCXCII.
Plate
CCXCIV.
fince (^ee Tables de Berlin, tom. iii. p.
0.000004848137, we lhall have
r_ f   m for BO
0-000004848137-1-^ 0.000004848137’
will be very fmall compared with ET, and therefore
the angle ET e may be neglected in relation to the
angle O e T.
Let us fuppofe for the fake of example that B £ or
its equals N N', n n\ is one-tenth of an inch or
0.0083333 a f00t> thus w'e fliall have the length of
the radius BO °-°°8.n3333
1736 feet
0,000004848137
nearly ; thus a derangement of the veffel ABC which
makes the radius BO, or the line XZ, vary a minute of
a degree, will make each of the points N, n defcribe a
fpace of 60 tenths or 6 inches, along the arc ABC,
that is the fame fpace which the extremity of a plumb
line 1736 feet long, would defcribe when it moved
through one minute of a degree. Hence wTe are able
to render extremely fenfible the fmalleft changes of po¬
rtion in the line XZ. The veffel ABC is nothing
more than a fpirit level, the line XZ reprefenting the
axis of the telefcope which is attached to that inftru-
ment, as fiiewn in fig. 13. where cc is the level, and
CA the telefcope. The glafs veffel, which is ground
in the infide fo as to be a portion of a circle of confi-
derable radius, is almoft entirely hid by the cylinder of
brafs which contains it, excepting a fmall part which
appears in the centre of the cylinder ; and the inftru-
ment mud be fo adjufted that when the bubble of airris
in the middle of the glafs tube, the axis of the telefcope,
the line XZ, is truly horizontal.
From thefe remarks, it would feem that a fpirit level
will meafure fmall angles with the fame accuracy as a
feftor whofe radius is equal to BO, fig. 3. the radius of
the curvature of the glafs tube or of a plumb line of the
fame length ; but there are fome caufes which diminilh
its accuracy. When the bubble of air has been
brought to the centre of the glafs tube, and when the
tube, after being deranged, is brought to the very fame
pofition, we cannot be fure that the bubble of air will
return to the very centre of the tube. This irregula¬
rity is produced by the fridlion of the included fluid
againft the fides of the tube, and depends on the magni¬
tude of the bubble and the quantity of fluid. In a good
level, where the bubble moves about five lines for a mi¬
nute of inclination, this uncertainty does not exceed half
a line, which may be afcertained by pointing the telefcope
to any object. The coincidence of a plumb line with a
particular mark will, on account of the infenfible ofcil-
lation of the thread, leave an uncertainty of about -jL-
of a line, that is, about double the uncertainty which
is left by the index of a fe£lor, which may be eftimat-
ed at about loodth of a line. But the radius of a tube,
whofe bubble moves five lines for a minute of inclina-
tic n, will be found by a preceding formula to be about
358 feet; and therefore to know the length of a plumb
line which will give the fame precifion, we have — : ^
“338 : 14.32 feet, the length required.
On the ConJlruBion of Levels.
Level.
Levels are commonly made of glafs tubes in the flate
they are obtained at the glafs-houfe. Of thefe the
ftraightefl: and moft regular are felefted and examined,
by filling them nearly with fpirit of wine, and afcer-
taining by trial that fide at which the bubble moves
moil regularly, by equal inclinations of the inftrument
upon a ftage, called the bubble trier, which is provided
with a micrometer fcrew, for that purpofe. The moll
regular fide is chofen for the upper part of the inftru¬
ment, the others being of little confequence to its per-
fe£lion. Spirit of wine is ufed, becaufe it does not
freeze, and is more fluid than water. Ether is better,
becaufe ftill more fluid (a). The tube and the bubble
mult be of confiderable length. The longer the
bubble, the more fenfible it is to the fmalleft inclination.
A very fmall bubble is fcarcely fenfible, appears as if
attached to the glafs, and moves but Howdy.
In the ufe of a level of this kind, conftrufled by
Sieur Langlois, it was remarked, that when it was pro¬
perly fet, in the cool of the morning, it w?as no longer fo
in the middle of the day, wdten the weather became
hot ; and that when it was again reflified for the mid¬
dle of the day it became falfe in the evening, after the
heat had diminilhed. The bubble was much longer in
cold than in hot weather, and when longer it w’as too
much fo, and could not be kept in the middle of the
tube, but flood a little on the one or the other fide,
though the inclination was precifely the fame. Thefe
defefts wrere fmall, and fuch as claim the notice of
careful obfervers only ; but they appeared of too much
confequence not to produce a wifh to remedy them.
It was obferved, that they arofe from irregularities in
the interior furface of the tube •, and by examining a
great number of tubes, feledled for levels of the lame
kind, there was reafon to conclude that all thefe levels
wmuld have more or lefs of the fame defeats, becaufe
there w7as not one tube of a regular figure within. They
were at beft no otherwife cylindrical than plates of glafs
from the glafs-houfe can be faid to be plane before they
are ground. The irregularities were ealily difcernable.
It was therefore concluded, that it would be advife-
able to grind the inner furfaces of the tubes, and give
them a regular cylindrical or rather fpindle form, of
which the two oppofite fides ftiould correfpond with
portions of circles of very long radius. To accompliih
this, a rod of iron was taken, of twice the length of
the glafs tube, and on the middle of this rod was fixed
a flout tube of copper (cuivre) of the fame length as
the tube of glafs, and nearly equal in diameter to the
bore. The rod was fixed between the centres of a
lathe, and the glafs gently rubbed on the copper cylin¬
der, with fine emery and -water, caufing it to move
through its whole length. The glafs was held by the
middle, in order that it might be equally ground, and
was from time to time fhifted on its axis, as was alfo the
copper cylinder, in order that the ivear might be every¬
where alike. The operation had fcarcely commenced,
before
(a) If the ether be not well reflified, it is fubjedl to two great inconveniences in this ufe. If the tube be very
flightly agitated, the ether divides itfelf into feveral bubbles, which employ a confiderable time before they unite.
In the fecond place, as this ether is decompofed in the courfe of time, it depolits very fmall drops of oil, which
adhere to the tube, flop the motion of the bubble, and render the level very faulty. The ether is befides more
fluid when re&ified and freed from a faponaceous matter which caufes its bad effe&s.
LEV
[ 779 1
LEV
Level, before the tube broke •, and feveral others experienced
—v / the lame misfortune, though they had been well an¬
nealed. It was fuppofed that the emery which became
fixed in the copper might contribute to fplit the glafs,
each grain continuing its impreflion with the fame point,
in the fame right line, which in fome inftances might
be as well difpofed to cut the glafs as diamond. A cy¬
linder of glafs was fubftituted inftead of the copper,
and the emery rolling itfelf on the furface of the laft,
inftead of fixing itfelf, had better fuccefs ; fo that every
part of the circumference of the tube and the cylinder
touched each other through their whole length. The
fame operation was continued, ufing finer and finer
emery to fmooth the tube, and prepare it for polhhing ;
after "which the tube and cylinder having been well
waftied, thin paper was palled round the cylinder, and
the paper was very equally covered wdth a fmall quan¬
tity of Venice tripoli. The tube was then replaced
and rubbed as before, till it had acquired a polilh.
A level thus ground, may be either of the proper
fenfibility, or be too much or too little fenfible. It
will be too fluggilh, if before grinding, exclufive of the
irregularities of the tube, its diameter Ihould much ex¬
ceed in the middle of the length the diameter of the
extremities $ or it will be too fenfible if this diameter
Ihould not fufficiently exceed the other ; or laftly, if
the middle diameter be fmaller than that of the ex¬
tremes, the bubble will be incapable of continuing in
the middle, but will, in every cafe, either run to one
or the other end, or be divided into two parts.
To corre£l thefe defects, and to give the inftrument
the required degree of perfe£tion, it is proper to examine
its figure before the grinding is entirely finilhed. For
this purpofe, after cleaning it well, a fufficient quantity
of fpirit of wine muft be put into it •, and fecu-
red by a cork at each end. The tube muft then be
placed on the forks or Y’s of a bubble trier, and its
fenfibility, or the magnitude and regularity of the fpace
run over by the bubble by equal changes of the micro¬
meter fcrew, muft be afcertained. If the run or fpaces
palled over be too great, they may be rendered fmaller
by grinding the tube on a fliorter cylinder *, but if they
be too ftiort, they may, on the contrary, be enlarged,
by grinding on a longer cylinder. It is neceffary,
therefore, to be provided with a number of thefe cylin¬
ders of the fame diameter, but of different lengths, which
it is advifeable to bring to a firft figure, by grinding
them in a hollow half cylinder of brafs. By means of
thefe it will be eafy to regulate the tube of the level
to any required degree of fenfibility, after which the
tube may be very quickly fmoothed and polilhed.
The level which was thus ground is one foot in
length ; and the cylinder on which it was firft worked
is of the fame length. When it was finifhed it was
found to be too fenfible. It was therefore worked on
another cylinder of between nine and ten inches long,
which diminiftied its fenfibility fo far, that the bubble, >
which is nine inches and four lines long, at the tempe¬
rature of 16° of Reaumur above freezing, is carried
from the middle of the tube exattly one line for every
fecond of a degree of inclination. This degree of fen¬
fibility was thought fufficient •, but any greater degree
which may be required may be obtained by the procefs
here defcribed.
It may be remarked that a glafs tube is very fubjefl
to be fplit by grinding its inner furface j the fame tube
will not be endangered by grinding its external furface Levelling,-
even with coarfe emery ; and when once the poliih of
the infide is ground oft', the danger is over, and coarfer
emery may be ufed without fear. Thick glafs is more fub-
jedl to this misfortune than thinner. The coarfeft emery
made ufe of in grinding the tube here fpoken of was luf-
ficiently fine to employ one minute in defcending through
the height of three inches in w’ater.
LEVELLING may be defined, the art which in-
ftrudls us in finding how much higher or lower any gi¬
ven point on the furface of the earth is than another j
or, in other words, the difference in their diftance from
the centre of the earth.
The pradlice of levelling therefore confifts, i. In
finding and marking two or more points that ftiall be
in the circumference of a circle whofe centre is that of
the earth. 2. In comparing the points thus found
with other points, to afcertain the difference in their
diftances from the earth’s centre.
With regard to the theory of levelling, we muft ob-
ferve that a plumb line, hanging freely in the air,
points diredlly towards the centre of the earth ; and a
line drawn at right angles, crofting the diredtion of
the plumb line, and touching the earth’s furface, is a
true level only in that particular fpot; but if this line
which croffes the plumb be continued for any confi-
derable length, it will rife above the earth’s furface,
and the apparent level will be above the true one, be-
caufe the earth is globular j and this rifing will be as
the fquare of the diftance to which the faid right line
is produced ; that is to fay, however much it is raifed
above the earth’s furface at one mile’s diftance, it will
rife four times as much at the diftance of two miles,
nine times at the diftance of three, &c. This is owing
to the globular figure of the earth ; and this rifing is
the difference betwixt the true and apparent levels;
the real curve of the earth being the true level, and
the tangent to it the apparent level. Hence it ap¬
pears, that the lefs diftance we take betwixt any two
ftations, the truer will be our operations in levelling ;
and fo foon does the difference betwixt the true and
apparent levels become perceptible, that it is neceffary
to make an allowance for it if the diftance betwixt
the two ftations exceeds two chains in length.
Let BD, fig. 4. be a fmall portion of the earth whofe Difference
centre is A, then (Hydrodynamics, art. 36.) all thebetween
points of this arch will be on a level. But a horizontal
line BC meeting the vertical line AD in C, will be thetrue jeveL
apparent level at the point B $ and therefore DC is the Plate
difference between the apparent and true level at the CCXCIV.
point B. The diftance CD, therefore, -Aiiift always be
dedu£ted from the obferved heights, before we can have
the true differences of level, or the difference between
the diftances of two points from the furface of the earth,
or from the centre of curvature A.
In order to find an expreflion of DC, we have (Eli
did, book i. prop. 47.) AC1 — AB1-fCB*, and call¬
ing AB=R, BC — ot, and CD = xf and conlidering
that AC=R-f-a;, we have the equation R^-f-z R ff-j-A*
—ra*-f-RL But as the value of the arc DB is always
fufficiently fmall, that CD may be regarded as fuffi¬
ciently fmall when compared with AD or AB, we
may fafely confider x1 as nothing in the preceding
equation, which in that cafe becomes
5 F z
x =Z
zR*
The
mean
LEV
Levellirg. mean value of R may be confidered as 19630764 feet,
y—therefore the value of v may be deduced from the
[ ?So ]
L E V
equation x=-
7/1
'2 x I9630764-39261528’ m 'ein^ ex"
preffed in feet. Hence it is obvious, that the deprefs
of the true level is as the fquare of the diftance 5 and
if this diftance be 6000 feet, we ftiall have v^ro.91698
of a foot = 11 inches.
The preceding formula fuppofes the vil'ual ray CB to
be a ftraight line •, whereas, on account of the unequal
denfities of the air at different diftances from the earth,
the rays of light are incurvated by refradion. This ef-
fed has been confidered in the following table, which
contains the difference between the apparent and true
level, both when the refradion of the atmofphere is
omitted, and taken into account.
Table /hewing the Difference between the True and Apparent Levels, whether taking the Terreftrial RefraElion
into account or not, and marking the Errors that arifewhen this Refraction is omitted.
Diftance
in feet,
3°°
360
420
480
54°
600
720
840
900
960
1080
1200
I32°
Md0
1500
j56o
1680
1800
1920
2040
2100
2160
2280
2400
2520
2640
2700
2760
2880
3000
3120
3240
33°°
336o
3480
3600
3900
4200
45°°
4800
5100
5400
5700
6000
Elevation of the apparent
level above the true level ex
prefted in feet.
No allowance
made for ter¬
reftrial refrac¬
tion.
O.O023
O.OO35
O.OO46
O.OO58
O.O075
O.OO92
O.OI33
O.OI79
0.0208
0*0237
9.0 29 5
0.0370
0.0445
°-0527
0.0579
0.0625
0.0723
0.0827
0.0937
0.1059
0.1128
0.1180
0,I325
0.1470
0.1620
0.1777
0.1875
0.1944
0.2112
0.2292
0.2483
0.2674
0.2772
0.2876
0.3084
°*3 299
0.3871
0.4490
0.5156
0.5868
0.6620
°-7425
0.7847
0.9167
Allowance
made for ter¬
reftrial refrac
tion.
0.0020
O.OO3O
O.OO4O
O.OO5O
O.O064
O.O081
0.0114
O.OI54
O.OI78
0.0205
0.0253
O.O317
O.O482
O.O451
O.O496
O.O536
O.0620
O.O709
O.0803
O.O908
O.O967
O.IOI2
0.1136
0.1260
0-I4°3
0.1523
0.1607
0.1667
0.1810
0.1964
0.2128
0.2306
0.2376
0.2465
0.2644
0.2827
0.2218
0.3849
0.4420
0.5030
0-5675
0.6364
0.6726
°-7857
Difference be
tween the
two elevations
O.OOO3
O.OOO5
o 0006
O.OOOS
0.0011
0.001 X
0.00x9
0.0025
0.0030
0.0032
0.0042
0.0053
0.0063
0.0076
0.0083
0.0089
0.0103
0.0118
0.0134
0.0151
0.0161
0.0168
0.0189
0.02X0
0.0217
O.O254
0.0268
O.O277
O.O302
O.O328
o-°355
0.0367
0.0396
0.0411
0.0440
0.0472
0-0553
0.0641
0.0736
0.0838
0.0945
0.1061
0.1121
0.1310
Diftance
in feet.
6300
6600
6900
7200
7500
7800
8400
9OOO
9600
10200
IO80O
II4OO
12000
12600
13200
I380O
I44OO
15000
15600
16200
16800
17400
l8000
l8600
19200
19800
204OO
2X000
2l600
22200
22800
23400
24OOO
24600
25200
25800
264OO
27000
27600
28200
28800
294OO
30000
360OO
Elevation of the apparent
level above the true level ex
preffed in feet.
No allowance
made for ter¬
reftrial refrac¬
tion.
1.0000
1.1088
1.2141
1.3200
M3 23
x.5492
M963
2.0625
2.3466
2.6487
2.9699
3- 3°90
3.6667
4.0422
4- 4363
4.8489
5.2800
5.7292
6.1967
6.6823
7.1865
7.7089
8.2500
8.8090
9.3866
9.9826
10.6105
11.2292
11.8796
12.5491
13.2367
13.9421
14.6667
15.4091
16.1701
16.9490
17.7465
18.562 c
19.3964
20.2494
21.1198
22.0092
22.9167
33.0000
Allowance
made for ter¬
reftrial refrac
tion.
0.857i
0-95°4
1.0407
I-I3I4
1.2277
I-3279
M397
1.7678
2.0257
2.2989
2.5456
2.9363
3- I43I
3.4648
3.8029
4.X562
4- 525S
4- 9I07
5- 3II5
5.7277
6- 1597
6.6076
7.0714
7.5506
8.04 c6
8-5565
9.0947
9.6250
10.182 5
10.7564
II-3457
11.9504
i2.57i4
13.2078
13.8601
14.5278
15-2113
16.9107
16.6255
17.4566
18.1027
18.8651
19.6431
28.28.57
Difference be¬
tween the
two elevatiqpS;
O.I429
0.1 C84
°-I734
O.1886
O.2046
O.2213
O.2566
O.2947
0.3 209
0.3498
O.4243
O.4727
O.5236
0.5774
0.6334
0.6927
0.7542
0.8185
o 8852
0.9546
1.0266
1.1013
1.1786
1.21:84
I-3410
1.4261
i-5158
1.6042
1.6971
1.7927
1.8910
1- 99I7
2.0953
2.2013
2.3 *00
2.4212
2- 5352
2.6518
27709
2.8928
3.oi 71
3J441
3.2736
4.7I43
The
LEV [78
Levelling. The following is a fimple rule for determining the
 ' depreffion of the true level in the pradice of levelling.
“ Multiply the number of Gunter’s decimal ftatute
chains that are contained in length between any two
ftations where the levels are to be taken by itfelf, and
the produd arifing therefrom again by 124, which is a
common multiplier for all manner of diltances for this
purpofe on account of the earth’s curvature : then di¬
vide the fecond produd arifing therefrom by 100,000 j
or, which is alfo the fame, with the dafh of the pen
cut off five figures on the right hand fide of the pro¬
dud, and what remains on the left fide is inches, and
the five figures cut off decimal parts of an inch.”
The following is A Table of Curvature of the Earthy
and (hows the quantity below the apparent level at
the end of every number of chains to 100.
Levelling is either fimple or compound. The for¬
mer is wThen the level points are determined from one
ftation, whether the level be fixed at one of the points
or between them. Compound levelling is nothing more
than a repetition of many fimple operations.
An example of fimple levelling is given Plate
CCXCV. fig. t. where AB are the ftation points of
the level j CD the two points afcertained. Let the
height
Feet. Inches.
From A to C be - 6 00
From B to D be - 9 0 0
The difference - 300
fhows that B is three feet lower than A.
If the ftation-points of the level are above the line
of fight, as in fig. 2. and the diftance from A to C be
fix feet, and from B to D nine feet, the difference will
ftill be three feet which B is higher than A.
As an example of compound levelling, fuppofe it
were required to know7 the difference of height be-
tw'een the point A on the river 'Zome, and N on the
river Be/ann, fig. 3. (As our author could find no fatis-
fadory examples in any Englifti author, he copied this
atid the following ones from M. le Febure). In this
i ] LEV
operation ftakes fhould be driven down at A and N, Levelling*,'
exadly level with the furface of the water ; and thefe ‘'r“
ftakes ftiould be fo fixed, that they may not be chan¬
ged until the whole operation be finifhed : a plan of the
ground between the two rivers fliould then be made,
by which it will be difcovered, that the Ihorteft way
between the rivers is by the dotted line AC, CH,
HN; from whence alfo the number of ftations necef-
fary to be taken wall be determined. The operator
will alfo be enabled to diftribute them properly ac¬
cording to the nature and fituation of the ground. In
the figure, 1 2 ftations are marked. Stakes ought then
to be driven in at the limits of each ftation, as A, B,.
C, D, &c. They ought to be about two or three in¬
ches above the ground, and driven 18 inches into it..
Stakes fhould alfo be driven in at each ftation of the
inftrument, as I, 2, 3, 4, &c.
The operation may be begun in the following man¬
ner. Let the firft ftation be at I, equally diftant from
the twm points A and B, which themfelves are diftant
166 yards. Write down then in one column the firft
limit A j in another, the number of feet, inches, and
tenths •, with the points of fight indicated on the fta-
tion-ftaff at A, viz. 7. 6. o. In the third column, the
fecond limit B ; in the fourth, the height indicated at
the ftation-ftaff B, viz. 6. o. o. Laftly, In the fifth co¬
lumn, the diftance from one ftation-ftaff to the other •,
which in this cafe is 166 yards. Remove now the le¬
vel to the point marked 2, which is in the middle be¬
tween B and C, the two places where the ftation-
ftaves are to be held } obferving that B which w-as the
fecond limit in the former operation, is the firft in this.
Then write down the obferved heights as before; in
the firft column B; in the fecond 4. 6. 0.5 in the third
C ; in the fourth 5. 6. 2. j in the fifth 560, the di¬
ftance between B and C.
It being impoflible, on account of the inequality of
the ground at the third ftation, to place the inftrument
in the middle between the two ftation-ftaves, find the
moft convenient point as at 3 j then meafure exadly
how far this is from each ftation-ftaff, and you will
find that from 3 to C is 160 yards j from 3 to D, 80
yards j and the remainder of the operation will be as
in the preceding ftation.
In the fourth operation, we muft endeavour to com-
penfate for any error which might have happened in
the laft. Mark out, therefore, 80 yards from the fta¬
tion-ftaff D to the point 4 5 and 160 yards from 4 to
E ; and this muft be carefully attended to, as by fuch
compenfations the wmrk may be much facilitated. Pro¬
ceed in the fame manner with the eight remaining fta¬
tions, obferving to enter every thing in its proper co¬
lumn: and wThen the whole is finifhed, add the firms of
each column together, and then fubtrad the leffer from
the greater; the difference, which in the prefent cafe is
5. 4. 8. fhows the ground at N to be thus much lower
than the ground at A.
To obtain a fedion of this level, draw the dotted
line 0 0, fig. 4. either above or below the plan which
may be taken for the level or horizontal line. Let fall
then perpendiculars upon this line from all the ftation-
points and places where the ftation-ftaves were fixed.
Beginning now at A, fet off 7 feet 6 inches upon the
line from A to <3 : for the height of the level-point de¬
termined on the ftaff at this place, draw a line through
T- E V [ 782 ] LEV
,Levelling, a parallel to the dotted line 0 0, which will cat the third
^ perpendicular at b, the fecond llation-flaff. Set off from
this point downwards fix feet to B, which fhorvs the fe¬
cond limit of the firft operation j and that the ground
at B is one foot fix inches higher than at A : place
your inftrument between thefe twro lines at the height
of the level line, and trace the ground according to its
different heights. Now fet off, on the fecond ftation-
llaff B, four feet fix inches to C, the height deter¬
mined by the level at the fecond ftation : and from C
draw a line parallel to 0 0, which will cut the fifth per¬
pendicular at r/, the third ftation-ftaff. From this point
fet off 5 feet 6 inches downwards to C, which will
be our fecond limit with refpedt to the preceding one,
and the third with refpeft to the firft. Then draw
your inftrument in the middle between B and C,
and delineate the ground with its inequalities. Pro¬
ceed in the fame manner from ftation to ftation, till
you arrive at the laft N, and you will have the profile
of the ground over which the level was taken.
J his method anfwers very well where only a gene¬
ral profile of the different ftations is required j but
where it is neceflary to have an exaft detail of the
ground between the limits, we muft then go to work
more particularly. Suppofe, therefore, the level to
have been taken from A to N by another route, but
on more uniform ground, in order to form a canal
marked O, P, £), R, S, T, U, X, Y. Draw at plea-
lure a line Z, Y, fig. 5. to reprefent the level, and re¬
gulate the reft ; then let fall on this line perpendicu¬
lars to reprefent the ftaves at the limits of each ftation,
taking care that they be fixed accurately at their re-
fpeftive diftances from each other. The difference be¬
tween the extreme limits, in this cafe, ought to be the
fame as in the former, viz. 5 feet 4 inches -A. Set off
this meafure upon the perpendicular 0 the firft limit; and
from 0, prolonging the perpendicular, mark off at a
the height determined at the firft ftation-ftaff; then
do the lame with the fecond and third, and fo on with
the following, till this part of the work is finiflied ;
there remains then only to delineate in detail the ground
between the ftation-ftaves, the diftances in this example
being affumed larger on account of the detail.
lo obtain the fedlion of the ground between O and
P,^ place your inftrument at one of the limits, as P,
fixing it fo that the crofs hairs may anfwer to the point
C; then look towards the firft limit 0, raifing or de-
prefling the vane till it coincides with the interfe&ion
of the crofs hairs ; and the line of fight from one point
to the other will mark the level or horizontal line.
To fet off the height of the brink of the river above
the firft limit, drive a flake down clofe to the ground
at a ; and place your flation-ftaff upon it, obferving
where the hairs interfe<ft the vane, which will be at 4
feet 1 o inches; then laying off upon the line 0 <2 the
diftance from the firft to the laft flake, let fall fr om
thence a perpendicular, and fet off thereon 4. 10. o. to
a, which gives the height at the firft flake; or, which
is the fame, the height from the edge of the river
above the furface of the water, as is evident from the
feflion. Drive a fecond flake at 6, in a line between
the limits; place the ftation ftaff upon this flake, and
ooferve the height 4. 6. interfered by the crofs hairs,
the inftrument ftill remaining in the fame fituation. Set
off on the level line the diftance from the firft flake a
2
to the fecond b: and then let fall a perpendicular, and Level
mark upon it 4. 6 to b, which gives the height of the ' 1" v
ground at this place.
I he Imall hollow c is marked out by driving down
a third flake even with the ground, in the middle of it
at c; but the exacl diftance of the fecond Hake b from
the third c, muft be marked upon the level line : then
let fall a perpendicular from c, and fet off upon it
6. 8. o, pointed out by the crofs hairs on the ftaft,
which determines the depth of the hollow', as appears
from the figure. As the diftances between the flakes
are now’ very fhort, they can eafdy be marked by the
operator, who can fettle any little inequalities by a
comparifon wfith thofe already afcertained. Proceed
thus with the other ftations till you arrive at the laft,
and you will always obtain an accurate fedtion of your
work ; by which it is eafy to form a juft eflimation of
the land to be dug away, in order to form the canal,
by adding the depth to be given to it.
6. gives an example of compound levelling,
where the fituation is fo lleep ami mountainous, that
the ftaves cannot be placed at equal diftances from the
inftrument, or where it is even impoflible to make a
reciprocal levelling from one ftation to the other.—
1 bus fuppofe the point K to be the bottom of a ba-
fon where it is required to make a fountain, the refer-
voir being at A ; fo that, in order to know the height
to which the jet d’eau will rife, it is neceflary to know
how high the point A is above K.
In great heights fuch as this, it will be neceffary to
proceed by fmall defcents, as from A to D. The inftru¬
ment muft be adjufted with all poflible care ; and it
will even be proper, in fome part of the work, to ufe
a fmaller inftrument. The following is a table of the
different operations ufed in making this level, it having
been taken from M. le Febure’s pradlice.
In this cafe only tw’o levellings are made between
A and D, though more would have been neceffary ,
but they are omitted to avoid confufion. In the
fourth ftation the height found was 16 feet 8 inches;
but on account of the great length, it was requifite to
reduce the apparent level to the true one, which is al¬
ways neceffary where the length is confiderable. At
the laft limit we get the height from N to o; then
from 0 to I ; from I to K, fig. 7. &c.; all which add¬
ed together, and then corrected for the curvature,
gives 47 feet 3 inches. Now', by adding each co¬
lumn together, and fubtra&ing one from the other,
we have 51 feet 9 inches for the height which the
point A is above the bottom of the bafon, and W’hich
will caufe the jet d’eau to rife about 45 feet. The ge¬
neral fe&ion of this operation is fhown at fig. 7. 8.
but
v.
6
levelling
/
L E V E L I, / A* a.
//
Afl
\ ,
\r/i
Plate CCXCIV
LEV [ 783 ] LEV
Levelling, but an exaft profile of the mountain is more difficult,
——y—1 as requiring many operations •, though feme of thefe
might be obtained by meafuring from the level line
without moving the inllrument.
The laft example given by our author is likewife
from M. le Febure, and includes a length of near five
German miles (25 of curs) in a ftraight line, and 9 or
10 (45 or 50 Englilh) including the turnings and
windings. In this the declivity of the river llaynox
w7as meafured from Li^nebruk to Villebourg. I he
fird operation was to drive dakes at feveral parts of
the river even with the water’s edge •, the fird of
which a little above the mills of Lignebruk Ihowed
the upper water-mark, and another diowed the lower
water-mark at the fame mills. I wo dakes above and
below the mills of Maxurance, fomewhat more than
half wray between Lignebruk and Villebourg, pointed
out the difference between high and low water there,
and formed likewife the third and fourth limits ot the
operation •, while the dakes above and below the mills
of Villebourg pointed out the difierence between high
and low water, and likewile formed the lad limits of the
operation.
Thefe matks were all made at the edge of the wa¬
ter, exafUy even with its furface, and all made at the
different parts of the river nearly at the fame indant
of time. “ The principal limits of the levelling (fays
Mr Adams) being now determined and fixed, it only
remains to find the level between the limits, according
to the methods already pointed out, ufing every ad¬
vantage that may contribute to the luccefs of the wrork,
and at the fame time avoiding all obdacles and diffi¬
culties that may retard or injure the operations. I he
fird rule is always to take the diorted podlhle way
from one limit to another, though this rule ought not to
be followed if there are confiderable obdacles in the
way, as hills, woods, mardry ground, or if, by going
afide, any advantage can be obtained.” In the pre-
fent cafe it was found neceffary to deviate very confi-
derably from the general rule, in order to take in fe¬
veral ponds, the furfaces of which might all be taken
for a perfebt level \ and thus levels were frequently ta¬
ken acrofs the country far a confiderable way. The
difference of height between the mills of Lignebruk
and Villebourg was at lad found to be about 19 feet,
indicating a defeent of not quite a foot in a mile.
LEVELLiNG-Staves, indruments ufed in levelling,
ferving to carry the marks to he obferved, and at the
fame time to meafure the heights of thofe marks from
the ground. They ufually confilt of two mahogany
daves ten feet long, in two parts, that hide upon
one another to about 5^ feet, for the more port¬
able carriage. They are divided into 1000 equal parts,
and numbered at every tenth divifion by to, 20, 30,
&c. to 1000 ; and on one fide the feet and inches are
alfo fometimes marked.
A vane A Aides up and down upon each fet of thefe
daves, which by brafs fprings will dand at any part.
Thefe vanes arc about 10 inches long and 4 inches
broad ; the breadth is fird divided into three equal
parts, the two extremes painted white, the middle
fpace divided again into three equal parts, which are
lefs j the middle one of them is alfo painted white, and
the two other parts black ; and thus they are fuited
to all the common diftances. Thefe vanes have each
a brafs wire acrofs a fmall fquare hole in the centre,
which ferves to point out the height correblly, by co¬
inciding with the horizontal wire of the telefcope of
the level.
LEVEN, a river of Lenox or Dunbarton flare in
Scotland. See Lenox.
LEVER, in Mechanics, is a bar of iron or wood,
one part of which being fupported by a prop, all other
parts turn upon that prop as their centre of motion.
This indrument is of two kinds. Fird, the common
fort, where the weight we defire to raifs reds at one
end of it, our drength is applied at the other end, and
the prop Is between both. When we dir up the fire
with a poker, we make ufe of this lever 5 the poker is
the lever, it reds upon one of the bars of the grate as
a prop, the incumbent fire is the weight to be over¬
come, and the other end held in the hand is the drength
or power. In this, as in all the red, we have only to
increafe the didance between the drength and prop
to give the man that works the indrument greater
power.
The lever of the fecond kind has the prop at one
end, the drength is applied to the other, and the weight
to be raifed reds between them. Thus in raifing the
water-plug in the dreets, the workman puts his iron
lever through the hole of the plug till he reaches the
ground on the other fide, and, making that his prop,
lifts the plug with his drength at the other end of the
lever. In this lever alfo, the greater the didance of
the prop from the drength, the greater is the work¬
man’s power.
Thefe indruments, as we fee, a did the drength •, but
fometimes a workman is obliged to atd at a difadvan-
tage, in raifing either a piece of timber or a ladder
upon one end. We cannot, with grammatical proprie¬
ty, call this a lever, fince fuch a piece of timber in fa£t
in no way contributes to raife the weight. In this cafe,
the man who is the drength or power, is in the middle,
the part of the beam already raifed is the weight, the
part yet at the ground is the prop on which the beam
turns or reds. Here the man’s drength will be dimi-
niflied in proportion to the weight it fudains. The
weight will be greater the farther it is from the prop,
therefore the man will bear the greater weight the
nearer he is to the prop. See Mechanics.
LEVERET, among fportfmen, denotes a hare in
the fird year of her age.
LEVIGATION, in Pharmacy and Chemiftry, the
reducing hard and ponderous bodies to an impalpa¬
ble powder, by grinding them on a porphyry, or in a
mill.
LEVITE, in a general fenfe, means all the defeend-
dants of Levi, among whom were the Jewifh prieds
themfelves, who, being defeended from Aaron, were
likewife of the race of Levi. In a more particular
fenfe, Levite is ufed for an order of officers in that
church, who were employed in performing the manual
fervice of the temple. They were obedient to the
prieds in their minidration, and brought them wood,
water, and other neceffaries for the facrifice.—They
fung and played upon indruments in the temple and
in other places. They applied themfelyes to the dudy
of the law, and were the ordinary judges of the coun¬
try, but always fubordinate to the prieds. Their iub-
fideuce was the tithes of corn, fruit, and cattle,
throughout
Lev
' IfcvUIcus
throughout Ifrael: but the priefts were entitled to a
Leuwen- te?tl1 t^e,*r t*t^es> by way of firft fruits to the Lord,
hoek. Eight and forty cities were affigned for the refidence
of the Levites, of which the priefts claimed thirteen,
fix whereof were chofen for cities of refuge. They
were confecrated, before they entered upon their mi-
niftry, by {having their flefh, wafhing their clothes, and
fprinkling with the water of expiation. Impofition of
hands was ufed in confecration, and two bullocks were
offered at the door of the tabernacle. They waited
weekly, and by turns, in the temple, beginning their
attendance on one fabbath and ending the next : Dur¬
ing this time they were maintained out of the offer-
ings, &c. In the time of Solomon, the number of
Levites, from the age of 20, and capable of ferving,
was 30,000.
LEVITICUS, a canonical book of the Old Tefta-
ment, fo called from its containing the laws and regu¬
lations relating to the prieils, Levites, and facrifices.
LEVITY, in phyfiology, the privation or want of
weight in any body when compared with another that
4s heavier than it j in which fenfe it Hands oppofed to
gravity.
LEUK, a town of Switzerland, almoft in the middle
of the Valais ; remarkable for its natural ftrength, for
the alfembly of the Hates that often meet there, and
for its baths, whofe water is fo hot that it will boil
eggs.
LEUSDEN, John, a celebrated philologer, bom
in 1624. He Hudied the learned languages and ma¬
thematics at Utrecht ; and then went to Amflerdam,
to donverfe with the rabbis, and perfect himfelf in the
Hebrew tongue. After which he was profeflbr of
Hebrew at Utrecht, where he acquired a great repu¬
tation, and died in 1699. He wrote many valuable
works ; the principal of which are, t . Onomq/Iicum Sa¬
crum, 8 vo. 2. Clavis Hebraic a et Philo logic a Veter is
Tejlamenti, 410. 3. Novi Tejlamenti Clavis Graca, cum
Annotatiotubus Philologicis, 8vo. 4. Compendium Bibli-
cum Veteris Tejlamenti, 8vo. 5. Compendium Grcecum
Novi Tejlamenti; the befl edition of which is that of
London, in 1668, i2mo. 6. Philologus Hebrceus, Qto.
7. Philologus Hebrceo mixtus, 410. 8. Philologus He-
brceo-Grcecus, 4to. 9. Notes on Jonas, Joel, Hofea,
&c. He alfo gave correft editions of feveral learned
works.
LEUTKIRK, a free and imperial town of Ger¬
many in Suabia, and in Algow, feated on a rivulet
that falls into the lllar, in E. Long. 10. 10. N. Lat.
47- 53-
LEUTMERITZ, a town of Bohemia, capital of
a circle of the fame name, with a bilhop’s fee, feated on
the river Elbe, in E. Long. 14. 25. N. Lat. 50. 34.
LEUWENHOEK, Antony, a celebrated Dutch
philofopher, was born at Delft in 1632, and acquired
an extenfive reputation all over Europe, by means of
his difeeveries and experiments in natural hiflory, which
were made by him with the microfcope. He particu¬
larly excelled in making glafles for microfcopes and
fpeclacles ; and he w^as a member of moll of the liter¬
ary focieties of Europe, to wduch he fent a number of
valuable memoirs. Thofe in the Philofophical Tranf-
atHions and in the Paris Memoirs, extend through many
volumes ; the forager were extracted and publilhed at
[ 784 ]
L E W
in 1722. He died in 1723, at 91 years of Levy
Leyden,
age.
LEVY, in Law, fignifies to gather or colleft; as to 1
levy money, and to levy a fine of lands in the paffing
a fine.
LEWARDEN, a handfome, rich, and flrong town
of the United Provinces, capital of Oflergowq Wefier-
gow, Sevenwolden, and WeH Friefland. It w-as the
ufual place of refidence of the Stadtholder ; and in
buildings, as well public as private, is very magnifi¬
cent. It has feveral canals running through the flreets,
which are of great fervice to their trade, efpecially as
they are continued to the fea and to the moH confider-
able towns of the province. E. Long. 5. 42. N. Lat.
53* I2*
LEWDNESS. See Fornication.—Lewdnefs is
ptinifiiable by our law by fine, imprifonment, &c. And
Mich. 15 Car. II. a perfon was indifted for open lewd¬
nefs, in (bowing his naked body in a balcony, and
other mifdemeanors ; and was fined 2000 merks, im-
prifoned for a week, and bound to his good behaviour
for three years. 1 Sid. 168. In times pafl, w*hen any
man granted a leafe of his houfe, it wTas ufual to infert
an exprefs covenant, that the tenant (hould not enter¬
tain any lewd women, &c.
LE WENTZ, a town of Upper Hungary, in the
county of Gran, and on the river of the fame name,
where the Turks were defeated in 1644. E. Long. 18.
19. N. Lat. 48. 15.
LEWES, a large well built town of Sufiex, in Eng¬
land, feated on an eminence on the banks of the Oufe,
50 miles from London. It is famous for a bloody
battle fought near it, wherein King Henry III. w*as
defeated and taken prifoner by the barons; and is fo
ancient, that w*e read the Saxon king Athelflan ap¬
pointed twm mint-houfes here, and that in the reign of
Edward the Confefibr it had 127 burgeffes. It is a
borough by prefeription, by the Hyle of conflables
and inhabitants. The conHables are chofen yearly.
It has handlome flreets and two fuburbs, with fix pa-
rifh churches. It carries on a great trade ; and the
river Oufe runs through it, which brings goods in
boats and barges from a port 8 miles off. On this ri¬
ver are feveral iron-wmrks, where cannon are cafl for
merchant (hips, beiides other ufeful works. A charity-
fchool was opened here in 1711, where 20 boys are
taught, clothed, and maintained, at the expence of a
private gentleman, by whom they were alfo furniflied
with books; and 8 boys more are taught here at the
expence of other gentlemen. Here are horfe-races
almofl every fummer for the king’s plate of look
The roads here are deep and dirty ; but then it is the
richefl foil in this part of England. The market here
is on Saturday ; and the fairs May 6. Whitfun-Tuef-
day, and Oflober 2. The timber of this part of the
county is prodigioudy large. The trees are fome-
times drawn to Maidflone and other places on the
Medway, on a fort of carriage called a tug, drawn by
22 oxen a little way, and then left there for other
tugs to carry it on ; fo that a tree is fometimes two
or three years drawing to Chatham ; becaufe, after
the rain is once fet in, it flirs no more that year, and
fometimes a whole fummer is not dry enough to make
the roads paffable. It is cheap living here; and the
town
Lewes.
I
LEW [ 785 ] LEW
Lewis- town not being under the dire&ion of a corporation,
—v ' but governed by gentlemen, it is reckoned an excellent
retreat for half-pay officers, who cannot fo well confine
themfelves to the rules of a corporation. It fends two
members to parliament.
LEWIS, one of thelargeft of the Hebrides or Weft-
ern illands of Scotland, extending about 60 miles in
length from north to fouth, and from 13 to 14 in
breadth, confifting of a great number of illes and rocks,
and parted by the fea into two divifions, called Lewis
and Harries, the former lying to the weftward of the
other. Lewis belongs to the Ihire of Rofs 5 is divided
by feveral channels, diftinguilhed by feveral names,
and portioned out among different proprietors; but
the Lewis, ftri&ly fo called, ftretches about 36 miles
in length, from the north point of Bowling-head to
the fouthern extremity of Huffinefs in Harries. The
air is temperately cold, moift, and healthy j great part
of the low ground is fiooded with lakes 5 the reft is
arable in many places, and has been counted fruitful in
oats, barley, rye,, flax, and hemp. The foil in thefe
parts is a light fand, which the inhabitants manure
with foot and lea-ware ; but great part of the ifland
is covered with heath. The labouring people dig the
land with fpades, and break the clods with finall har¬
rows, the foremoft teeth of which are made of wood,
and the remainder of rough heath, which fmooths what
the others have broken j and this harrow’ is drawn by
one man, having a ftrong trace of horfe-hair acrofs his
breaft. Of their corn they not only make malt for
ale, but likewife a ftrong fpirit called trejlareg, which
is the whifky, or ufquebaugh, three times diftilled.
Lewis abounds with convenient bays and harbours,
in which are caught, in great plenty, cod, ling, and
herring : here are likewife whales of different iizes,
which the natives drive into the bays, and kill wfith
harpoons. Thefe bays afford great plenty of ftiell-filh,
fuch as clams, oyfters, cockles, mufcles, limpets, wTelks,
and fuch a prodigious quantity of fpout-fiih is fome-
times call up from the fand oft' Lochtua, that they in-
fe£l the air, and render it unhealthy to the neighbour¬
ing inhabitants, who are not able to confume them,
either by eating, or ufing them as manure for the
ground. Some of thefe lochs and bays likew’ife pro¬
duce fmall coral and coralline. The freih-water lakes
are w'dl ftored with trout and eels, and the rivers
yield plenty of falmon. Along the coaft are found a
great number of caves, which ferve as ffielter for the
feals and otters, which ^re alfo eaten as dainties by the
inhabitants j and vaft numbers of fea-fowl build upon
the rocks and promontories.
The land animals reared in this ifland, are cows,
horfes, flieep, goats, hogs, and deer *, all thefe are of
a diminutive lize. The beef, mutton, and pork, are
juicy and delicious ; the horfes are a&ive and hardy j
the deer, which are of the red kind, confine themfelves
to the chafe of Ofervaul, about 15 miles in compafs,
which affords tolerable pallurage; but in the winter,
when the ground is covered wfith froft and fnowr, thefe
animals are forced to feed on fea-ware, and endure all
the rigour of the feafon, without any ffielter from
wood or copfe, for there is not a tree to be feen •, ne-
veithelefs, the roots of very large trees, which have
been cut ky the axe, are found in different places.
Vol. XL Part II.
There is likewife a fmall grove of birch and hazel on t
the fbuth-w’eft fide of Loch Stornaw’ay.
The inhabitants of Lewis are well-proportioned, tall,
fair, fanguine, ftrong, and healthy. They are in ge¬
neral fober, circumfpect, and holpitable •, dexterous in
ffiooting, fwimming, and leaping } bold and ficilful ma¬
riners *, and fo temperate, that they will tug at the oar
all day, without any other provilion than bread and
water, with a fnufh of tobacco.
Along this coaft we fee feveral natural mounts, or
forts, called Duns ; fuch as Dun-rowly, Dun-coradel,
and Dun-eitten. There are alfo the remains of fome
old callies, and other monuments of antiquity. At
Stornaway village we fee the ruins of a fortrefs deftroy-
ed by the Englilh garrifon lent thither by Oliver Crom¬
well. To the northward of Brago there is a round
tower built of large Hones, three ftories high, taper¬
ing towards the top, with a double wall, and a cir¬
cular ftaircafe between, by which one may go quite
round the building. On the heaths and lummits of
hills there are feveral cairns or heaps of Hones, which
ferved either for graves or beacons. In the pariffi of
Barvas we fee a fingle Hone called the thrufhel. Hand¬
ing upright, above 20 feet high, and almoft as much
in breadth. Three ftones, about 12 feet high each,
are feen Handing on the north fide of Loch Carlvay j
and many others Handing fingle at great diftances,
and in remote parts of the ifland. But the moft re¬
markable monument of this kind appears by the village
of Claffernifs. Here we find 39 pyramidal ftones Hand¬
ing upright, about fix or feven feet high from the fur-
face, each about two feet in breadth. "I hey are pla¬
ced in form of an avenue, eight feet wide ; the di-
ftance between every Hone amounting to fix feet, and
a fingle piece Hands at the entrance. This avenue
leads to a circle of 1 2 ftones of the fame dimenlions,
with one in the centre 13 feet in length, and flraped
like a rudder : on the call, fouth, and weft fides of
this circle, are four ftones, fuch as thofe that compofe
this round and avenue, forming three lines, or as it
were rays from the body of the circle. This is fup-
pofed to have been a Druid temple ; and tradition re¬
ports, that the chief Druid flood by the large ftone in
the centre, and harangued the audience. At the di-
ftanee of a quarter of a mile there is another circle of
the fame nature ■, but without the range and avenue.
In all probability, thefe, as well as the monuments we
have defcribed in our account of the Orkneys, and
Stonehenge on Salilhury plain, were places of worflrip
eredled by the Druids in time of Pagan fuperftition.
The chief town in Lewis is Stornaway.
There is a confiderable number of inferior adjacent
ifles and rocks, fome of which hardly deferve to be
mentioned ; fuch as the fmall ifland Garve at the
mouth of Loch Carlvay, Berinfay, Fladda, Bernera
Minor and Bernera Major, Kialifay, Cavay, Carvay,
Grenim, Pabay, Shirem, Vexay, Wuya the Larger
and Lefler, and the Flannan iflands, which the fea- *>
men denominate the northern hunters. Thefe are vi-
fited every fummer by the inhabitants of the Lewis,
who go thither in queft of fowls, eggs,,down, quills,
and feathers, as wTell as to (hear or kill the ffieep that
are kept here for pafture. As thefe iflands are very
fteep and rocky, the vifitors, after having landed and
5 G climbed
1
1
L E W
Xewis
^ climbed up the rock by a ladder, uncover their heads,
and, making a turn fun-ways, thank God for having
efcaped the danger they have undergone. In the
largeft iliand are the ruins of a chapel dedicated to St
hlannan, from whom the illes derive their name. Thi¬
ther the fowlers repairing, ftrip themfelves of their up¬
per garments, which being laid upon a done, they ad¬
vance towards the altar, and repeat three prayers j an
exerc ie which is performed every morning and even¬
ing. They obferve many other fuperllitious cuftoms
during their reliJence on theie rocks ; and when they
have landed their boat with their purchafe, return to
the larger iilands. Among the iflands belonging to
the Lewis, we may likewise take notice of the frnall
ifle of Pigmies, fo called, becaufe, it is faid, bones re-
fembling thofe of human creatures, but of very fmall di-
menlions, have been dug out of the ground.
1 he iiland of Lewis is divided into the two parifhes
of Barvas and Eye, and in each of thefe one minifter
is fettled j but there is a great number of churches
and chapels dedicated to different faints, in the differ¬
ent ifleswhicli compofe this clufter. All thefe were
ffmcluaries before the Reiormation, but now they are
divefted of that privilege. 1 he people of thefe iflands
are Prefbyterians, with a few Proteftants of the Englifh
.communion, and a {fill fmaller number of Roman Ca¬
tholics. d. he Proteffants obferve the feftivals of Chrift-
xnas, Good Friday, Eafter, and Michaelmas 5 on the laft
of which the indivicuals of both fexes perform an anni-
verfary cavalcade.
Lewis, or Zou/s, the name of feveral kings of France.
See France.
Lewis VII. anno 1137, was the firft who had the
courage to oppofe the encroachments of the popes on
the regal authority : Pope Innocent II. excommuni¬
cated him for appointing an archbifhop of Bourges;
but Lewis defended his prerogatives, and put the
priefts to death who had been the authors of the quar¬
rel. In 1147, he put himfelf at the head of an army
of 80,000 men, and marched again!! the Saracens, in
the fecond crufade, but was defeated j and returning
into France by fea, was taken by the Greeks, but
refeued by Roger king of Sicily. His queen Eleo¬
nora accompanied him in this expedition j and being
fufpe&ed of infidelity with Saladin, a young Turk,
Lewis divorced her, and fhe was married fix weeks af¬
ter to Flenry duke of Normandy, (Henry II. king of
England). Lewis died in 1180, aged 60.
Lewis IX. anno 1226 (canonized), was one of the
greateft raonarchs of France, equally memorable for
his valour and his virtues 5 but, unfortunately milled
by the fuperftition of the times, he facrificed his own
repofe, and the welfare of his kingdom, to the folly of
crufading. In 1248, leaving France to the care of
his mother, he embarked for Egypt, attended by his
queen, his three brothers, and the flower of the French
nobility. At firft his vidfories were rapid ; he took
D&mietta in 1249 $ but the following year he was
defeated and taken prifoner by the Turks, with all
the nobility in his train, and the greateft part of his
army. The fultan fent to him in prifon, to demand
an exorbitant fum for his ranfom j and his anfwer
being truly noble, deferves to be recorded ; “ Tell
the fultan, that a king of France is not to be ran-
fiwned with money 3 I will give tfie fum required for
[ 786 ]
L E W
my people, and Damietta for myfelf.” Thefe terms Lewis.
were accepted, and a peace of ten'years enfued. Upon v—
his return to France, he diminifhed the taxes, re¬
voked thofe which the cupidity of the financiers had
introduced ; iffued feveral falutary edicts 3 founded fe¬
veral churches and hofpitals 3 and effeaually overturn¬
ed the ecclefiaftical jurifdi&ion of the court of Rome,
by his pragmatic fandtion in 1269, which eflabliihed
the independency of the Galilean church. Thirteen
yea™ refidence in his capital indemnified his fubjedts
for his abfence 3 but his pious zeal prevented the enjoy¬
ment of this happinefs : he embarked for the fixth cm-
fade in 1270 ; and died the fame year, at the fiege of
Tunis, aged 55.
. Levvis XL anno 1461. Flis oppreffions obliged
his fubjedts to enter into a league againft him, ityled
“ Zigue de bien publiq” in which his brother the duke
of Berri and fome of the principal nobility were con¬
cerned : they folicited fuccours from John duke of Cala¬
bria, who joined them with 500 Swifs (the firft intro-
dudtion of Swifs foldiers into the French armies.) His
reign was almoft one continued feene of civil war ; and
it is computed, that 4000 of his fubjedts were executed
in public and privately, either for being in arms again!!;'
him, or fufpeded by him. In his laft illnefs, he drank
the warm blood of children, in the vain hope of rellor-
ing his decayed ftrength. He died in 1483, aged 60.
1 he ports for letters were eftabliftied in his reign, owing
to his eagernefs for news j the firrt inftitution of this na¬
ture in Europe.
Lewis XII. anno 1492, ftyled the Juft, and the Fa¬
ther of his people ; memorable for his valour in the field,
and his wifdom in the cabinet. A great general ; but
unfortunate towards the end of his reigh, when he did
not command his troops in perfon : his orders tranf-
mitted from home were mifunderftood, or wilfully dif¬
obeyed 3 and he had the mortification, before he died,
to fee the total expulfion of the French from the pof-
feftions he had acquired for them by his perfonal bravery.
-A-1 53 years of age, he married the princefs Mary of
England, fifter of Henry VIIL and being of a delicate
confutation, fell a victim (according to the French hif-
torians) to amorous dalliance ; for he died in about two
months after his nuptials, in 1515.
Lewis XIII. anno 1610, increafed the military re¬
putation of his country, and made confiderable addi¬
tions to its domains. The beginning of his reign was
occupied in civil wars with his mother and his Pro-
teftant fubjedts 3 in which he was excited to continue
by his famous minifter Cardinal Richelieu, who attend¬
ed him to the fiege of Rochelle, the bulwark of the
Huguenot party. This place was reduced by famine
to furrender, in 1628, after a fiege of more than a
year. Upon this and other occafions, the king gave
proofs of great perfonal bravery. His attachment to
his ally the duke de Nevers, who fucceeded to the
duchy of Mantua, but was refufed the inveftiture by
Charles VI. emperor of Germany, involved him in a
war with that prince, the Spaniards, an4 the duke of
Savoy 3 in which Lewis was vidlorious 5 and obtained
a treaty of peace, by which the duke of Mantua was
guaranteed in the poffefiion of his dominions. In 1635^
a new war broke out between France and Spain, and
the^emperor took part‘with the latter: it lafted, 13
years againft the emperor, and 25 againft Spain, with
/ various
LEX [
Lewis, various fuccefs ; and the different armies kept on foot
Lex- in the Low Countries, on the frontiers of France, and
in Italy, in the firft years of this war, paved the way
for the fignal fucceffes of Lewis XIV. the campaigns
of thefe armies being a military fchool of difcipline
and experience for the French officers, belides giving
them a knowledge of the countries which became the
feat of war in the next reign. Lewis XIII. died 1643,
aged 41. _
Lewis XIV. le Gmnd (king at five years of age;,
anno 1643. -^e was at hiff ftyled Dieu-donne, be-
caufe the French confidered him as the gift of heaven,
granted to their prayers after the queen had been
barren 22 years. This princefs (Anne of Auftria)
was declared regent by Lewis XIII. and faw herfelf
under a neceffityto continue the war againft Philip IV.
king of Spain, her brother. The duke d’Enghien was
made general of the French armies 5 and fo fignal was
the fuccefs of this renowned warrior (afterwards prince
of Conde, and known by the ftyle of the Great Conde'),
that his vi&ories brought on the advantageous treaties
of Munfter in 1648, between France, the emperor
Ferdinand III. and Chriftina queen of Sweden : See
Britain, United Provinces, &c. Lewis XIV, died
in 1715, aged 77.
Lewis Xv. (his great-grandfon) fucceeded in 1715*
He was ftyled, in the courfe of his reign, tiie well-be¬
loved, which he loft feme years before he died ; and was
detefted and defpifed by his fubjefts for his fhameful at¬
tachment to a mijlrefs, who, through her patron the duke
d’Aiguillon, governed the kingdom, and invaded the an¬
cient rights and privileges of the people. He died in
1774, in the 64th year of his age and 59th of his reign.
Lewis XVI. the moft unfortunate of his race, and
perhaps the moft enlightened and virtuous of all the
fovereigns of France. He was guillotined 21ft January
1793. For an account of his life and charafler, fee
the article France.
LEX, Law. See Law.—The Roman laws were
of three kinds : 1 ft, Such as were made by their kings.
2d, The laws of the twrelve tables brought by the De¬
cemviri from Athens, &c. And, 3d, Such as were pro-
pofed by the fuperior magiftrates in the times of the
republic. The laws of this laft clafs were ena&ed in
the following manner.
No law could be propofed but by fome of the fol¬
lowing magiftrates, viz. the pr&tor, the confuls, the
diBator, the interrex, the decemviri, the military tri¬
bunes, triumviri, and tribunes of the people. If any
of thefe propofed a law, it was firft committed to writ¬
ing, and privately examined as to its utility and pro¬
bable confequences, by fome perfons well qualified for
the talk $ fometimes it was referred to the whole fe-
nate for their fentiments. It was then hung up pub¬
licly for three market days, that all the people might
have time to examine it, and coniider its tendency :
This was called legispromulgate, quajiprovulgatio. If
the perfon who framed the bill did not lee caufe in the
mean time to drop it, the people were convened in
comitia, and he addreffed them in an oration, being alfo
feconded [by his friends, fetting forth the expediency
and probable utility of fuch a law: This was called
rogatio legis, becaufe the addre.fs was always prefaced
with this petitionary form of words, Veliits jubeatifne,
tQuirites ? “ Will you, O Romans, confent and order
787 ] L E . Y
this law to pafs ?” This being done, thoie that dii-
liked the motion delivered their fentiments in oppofition
to it. An urn was then brought to certain priefts who
attended upon the occafion, into which were call; the
names of the tribes, centuries, or curue, as the comitia
happened to be tribute, centuriata, or curiata. The
names were ftiaken together 5 and the firft-drawn tribe
or century was called prcerogativa, becaufe their fuffra-
ges were firft taken. The curia that was firft drawn
was called principium for the fame reafon. The other
tribes, centuries, &c. were called tribus jure vacate, cen-
turea jure vocatce, &c.
Matters being in this fituation, the veto or negative
voice of the tribunes of the people might put an entire
end to the proceedings, and diffolve the affembly. The
tribune’s interference was called intercejfio. The con-
ful alfo had it in his power to Hop further proceedings,,
by commanding any of the holidays called ferice impc»
rativee to be obferved. The comitia tvould of courfe
be diffolved alfo by any of the perfons prefent being
feized with the falling ficknefs, or upon the appear¬
ance of any unlucky omen. But fuppofing the bufi-
nefs to meet with no interruption of this fort, the
people were each of them prefented with two tablets,
on one of which was written in large charafters A.
on the other U. R. Their difapprobation of the bill
was expreffed by throwing into an urn the tablet in-
feribed A. fignifying “ I forbid it j” antique, “ I pre¬
fer the old.” Their affent was fignified by throwing
in the tablet marked U. R. i. e. uti rogas, “ be it as
you defire.” According to the majority of thefe tab¬
lets the law paffed or not. If it paffed, it was written
upon record, and carried i .to the treafury ; this was
cnWeA legem ferre. Afterwards it was engraved upon
plates of brafs, and hung up in the moft public and
confpicuous places : this was termed legem jigere, and
a future repeal of this law was legem refigere.
If a law paffed in the comitia curiata, it was called
lex curiata; if in the comitia centuriata, it had the
name of lex centuriata ; but if it paffed in the comitia
tribute, it was termed plebifcitum. The laws, too, ge¬
nerally bore the names of the propofers, as lex /Elia,
lex Fujia, &c.
Romulus ufed to make laws by his own fingle au¬
thority, but fucceeding kings fought the approbation
of the people.
LEXIARCHI, at Athens, fix officers affiftedby 30
inferior ones, whofe bufinefs it was to lay fines upon
fuch as came not to the public affemblies, and alfo to
make ferutiny among fuch as were prefent.
The lexiarchi kept a regifter of the age, manners,
and abilities of all the citizens, who were always enrol¬
led at the age of 20.
LEXICON, the fame with di£Honary. The word is
chiefly ufed in fpeaking of Greek diflionaries: it is deriv¬
ed from the Greek word, diBton ; of>uy» 1/peak.
LEXINGTON, a town of North America, and
formerly confidered as the capital of Kentucky. It
ftands on the head-waters of Elkhorn river. Here
the courts are held, and bufinefs regularly conduded.
In 1796 it contained about 2000 inhabitants, and fe-
verftl llores, with a good affortment of dry goods. It
muft have increafed fince.
LEYDEN, in Latin Lugdunum Batavorum, one o£
the largeft and fineft cities in Holland, abounds wftft
5 G 2 canals,
Lrx
11
Leyden,
%
L H U
canals, along which are rows of lofty trees that afford
very pleafant walks. An arm or fmall branch of the
Rhine runs through it. Over the canals are 145
budges, mold of them of Idone or brick, ffhe umver-
fity here is the oldeft in the United Provinces : it has
large privileges; a library well furnilhed, and particu¬
larly rich in manufcripts; a phylic-garden well Itocked
rvith all forts of plants, many of which have been
brought from the Cape of Good Hope and the Eaft
Indies; an anatomy-hall, well provided with fkeletons ;
and an obfervatory. Phe profeffors, who are generally
very eminent, read public leisures four times a-week,
ror which they take no money, but about three guineas
are paid for a courfe of private le£dures, which lalds a
wdiole year. The Idudents have no difdinft habit, but
all wear fwords, though they generally go to the pu¬
blic and private lefdures in their night-gowns and flip¬
pers. The falaries of the profeffors are from look to
200k a-year : they wear gowns only when they prefide
at public difputations, read public le&ures, or meet in
the fenate; and their leddures are always in Latin.
The Idudents do not lodge in the univerfity, but where
they pleafe in the town. Ihe cloth manufafdure here
is much decayed, which formerly flourifhed to fuch a
degree, that 100,000 pieces, it is faid, have fometimes
been made in a year. The city is famous for the long
and fevere liege it maintained in 1573 againld the
Spaniards. We cannot help mentioning the reply of
that illuldrious magildrate, Adrian de Verf, when the
citizens reprefented to him the havoc made by the
famine during the fiege, and infilled upon his furrend¬
ering : “ Friends (faid he), here is my body, divide it
among you to fatisfy your hunger, but banifh all
thoughts of furrendering to the cruel and perfidious
Spaniards.'1 Phey took his advice, in regard to their
not furrendering, and never would lilden to any over¬
tures ; but told the Spaniards, they would hold out as
long as they had one arm to eat and another to fight.
There are fome fine churches here, and many long,
broad, handfome, llreets ; but the Papilds, as at Haer-
lem, are more numerous than the Proteldants.
Leyden Phial, a phial coated on the infide and out-
fide with tinfoil, or other proper condudding fubldance,
and furnilhed with a brafs wire and knob, for giving
the eleddrical fhock. See Electricity Index.
Lucas Van Leyden. See Lucas.
LEYSERA, a genus of plants belonging to the fyn-
genefia clafs; and in the natural method ranking under
the 49th order, Compojitce. See Botany Index.
LEYTE, one of the Philippine illands in the Eald
Indies, lltuated in E. Long. ii8. o. N. Lat. 11. o.
Its greateld length is about 40 leagues, and its circum¬
ference about 90 or ico. Its foil on the eald fide is
very fruitful; but there are very high mountains which
cut it almold through the middle, and occalion fo great
an alteration in the air, that when it is winter on the
north fide, it is fummer on the fouthern part of the
ifland. Thus when the inhabitants of one half of the
ifland reap, the others fow ; and they have two plen¬
tiful harvelds in a year, to which the rivers running
down from the above-mentioned mountains contribute
not a little. The illand contains about 9000 inhabi¬
tants, who pay tribute to the Spaniards in rice, wax, and
quilts.
LHUYJP, or Lhoyj), Humphrey, a learned anti¬
[ 788 ]
L H U
quarian of the 16th century, born at Denbigh, who
applied himfelfto the Idudy of phyfic; and living moil,
ly within the walls of Denbigh caldle, pradtifed there
as a pbyfician ; and died in 1570, with the charadder
of a well bred gentleman. He wrote and tranilated
feveral pieces relative to hildory and antiquities ; in
particular, The hildory of Cambria, now called Wales,
from Caradoc of Langcarvan, &c. but died before it
was finilhed : however, Sir Henry Sidney, lord preli-
dent of Wales, employed Dr David Powel to finish it,
who publilhed it in 1584. A new and improved edi¬
tion of this work was publilhed in 1774.
Lhuyd, Edward, keeper of the muleum at Ox¬
ford, was a native of South Wales, the fon of Charles
Lhuyd, Efq. of Lhanvorde. He was educated at Je-
fus College, Oxford, where he was created M. A.
July 21. 1701. He was bred under Dr Plot, whom
he fucceeded as keeper of the Afhmolean mufeum, and
had the ufe of all Vaughan’s colledlion. With in-
ceffant labour and great exaftnefs he employed a confi-
derable part of his life in fearching into the Wellh anti¬
quities ; had perilled or colle&ed a great deal of anci¬
ent and valuable matter from their MSS.; tranfcribed all
the old charters of the monafteries that he could meet
with ; travelled feveral times ever Wales, Cornwall,
Scotland, Ireland, Armoric Bretagne, countries inhabi¬
ted by the fame people ; compared their antiquities, and
made obfervations on the whole ; but died in July 1709,
before he had digelled them into the form of a difeourfe,
as he intended, on the ancient inhabitants of this ifland.
The untimely death of this excellent antiquary prevented
the completing of many admirable defigns. For want of
proper encouragement, he did very little towards un-
derftanding the Britilh bards, having feen but one of
thofe of the fixth century, and not being able to pro¬
cure accefs to two of the principal libraries in the coun¬
try. He communicated many obfervations to Biflrop
Gibfon, whofe edition of the Britannia he reviled ; and
publiffied “ Arclurologia Britannica, giving fome ac¬
count additional to what has been hitherto publiihed
of the languages, hiftories, and cufloms, of the original
inhabitants of Great Britain, from colleffion and ob¬
fervations in travels through Wales, Cornwall, Bas
Bretagne, Ireland, and Scotland, vol. i. Gloffography,
Oxford 1707,” fol. He left in MS. a Scottilh or
Irifh-Englifli Di&ionary, propofed to be publilhed in
1732 by fubfeription, by Mr Dayid Malcolme, a mini-
fter of the church of Scotland, with additions; as alfo
the Elements of the faid language ; with neceffary and
ufeful informations for propagating more effedfually the
Englilh language, and for promoting the knowledge of
the ancient Scottifli or Iriffi, and very many branches
of ufeful and curious learning. Lhuyd, at the end of
his preface to the Archeeologia, promifes an hiitorical
dittionary of Britilh perfons and places mentioned in
ancient records. It feems to have been ready for prefs,
though he could not fet the time of publication. His
collections for a fecond volume, which was to give an
account of the antiquities, monuments, &c. in the
principality of Wales, were numerous and well chofen ;
but, on account of a quarrel between him and Dr
Wynne, then fellow, afterwards principal of the college,
and bilhop of St Afaph, he refufed to buy them, and
they were purchafed by Sir Thomas Seabright, of
Beach wood in Hertfordlhire, in whofe library the
greateft
Lhuyd.
LIB [ 7*9 ] LIB
Libanius greateft part ftill remain, but fo indigefted, and writ-
11 ten with fo many abbreviations, that nobody can un-
Libation. jertake to publifh them. They con fid of about 40
volumes in folio, 10 in quarto, and above 100 fmaller,
and all relate to Iriih or Wellh antiquities, and chief¬
ly in thofe languages. Carte made extracts from them
about or before 1736 •, but thefe were chiedy hidorical.
Sir John Seabright has given Mr Pennant 23 of Lhuyd’s
MSS. Latin and Englilh. Many of his letters to Lif¬
ter, and other learned contemporaries, were given by
Dr Fothergill to the univerfity of Oxford, and are
now in the Afhmolean mufeum. Lhuyd undertook
more for illudrating this part of the kingdom than any
one man befides ever did, or than any one man can be
equal to.
LIBANIUS, a famous Greek rhetorician and lo-
phid in the 4th century, was born at Antioch, and
had a great fhare in the friendihip of Julian the A-
podate. That prince offered him the dignity of prce-
fecius pretona; but Libanius refufed it, thinking the
name of fophi/f, or profeffor of eloquence, much, more
honourable. There are dill extant feveral of his let¬
ters and Greek orations, by which he acquired great
reputation : but his dyle is fomewhat affe61ed and ob-
feure. He was a Pagan. Bafil and Chryfodom were
his difciples about the year 360. His letters rvere
publidied at Amderdam in 1738 j his orations at Ve¬
nice, 1755. . . . r • ra-
LIBANOMANTIA, m antiquity, a fpecies.ol di¬
vination performed with frankincenfe } which, if it pre-
lently caught fire, and fent forth a grateful odour, was
edeemed a happy omen, and vice verfa.
LIBANUS, the name of a chain of mountains of
Turkey in Afia, whicli lie between Proper Syria and
Paledine, extending, from wed to ead, from the Me¬
diterranean fea as far as Arabia. 1 he fummits of
thefe mountains are fo high, that they are always co¬
vered with fnowT , but below are veiy pleafant and
fruitful valleys. They were formerly famous for the
great number of cedar trees growing thereon } but
now there are very few remaining. Geographers di-
dinguifii this chain into Libanus and Antilibanus }
the latter of which lies on the fouth fide of the valley,
fifing near the ruins of Sidon, and terminates at
others in Arabia, in N. Lat. 34. They are feparated
from each other at an equal didance throughout, and
form-a bafon, or country, called by the ancients Ccelo-
Sijria.
LIBATION, amongd the Greeks and Romans, was
an eflential part of folemn facrifices. It w'as alfo per¬
formed alone, as a drink-offering, by way of procuring
the proteftion and favour of the gods, in the ordinary
affairs of life. Libations, according to the different
natures of the gods in honour of whom they were
made, confided of different liquids, but wine was the
mod ufual. The wine offered to the gods was. al¬
ways unmixed with water. We meet with libations
of water, libations*of honey, libations of milk, and
libations of oil •, thefe are called vnipccAtct. I he li¬
bation was made with a ferious deportment and folemn
prayer. At facrifices, the libation, after it had been
taded by the pried, and handed to the bydanders, was
poured upon the viaim. At entertainments, a little
wine w*as generally poured out of the cup, before the
liquor began to circulate, to (how their gratitude to the Gbaw,
gods for the bleffings they enjoyed. ,
Libations were alfo in ufe among the Hebrews, who
poured a kind of wine on the victim after it was killed,
and the feveral pieces of the facrifice were laid on the
altar, ready to be confumed in the flames.
LIBAVV, a fea-port town of Courland, lying on the
Baltic fea, confiding entirely of wmoden houfes. It
belongs to the duke of Courland, aud is fitiiated in
E. Long. 21. 27. N. Lat. 56. 27.
LIBEL, (Ubellus famofus), taken in its larged and
mod extenfive fenfe, fignifies any writing, pifture, or
the like, of an immoral or illegal tendency ; but, in
a peculiar fenfe, is ufed to denote a malicious defama¬
tion of any perfon, and efpecially a magidrate, made
public by either printing, writing, figns or piclures,
in order to provoke him to wrath, or expofe him to
public hatred, contempt, and ridicule. The diredt
tendency of thefe libels is the breach of the public
peace, by dirring up the objedls of them to revenge,
and perhaps to bloodfhed. The communication of a
libel to any one perfon is a publication in the eye of
the law : and therefore the fending an abufive private
letter to a man is as much a libel as if it were openly
printed, for it equally tends to a breach of the peace.
With regard to libels in general, there are, as in
many other cafes, twm remedies j one by indidfment,
and another by adiion. The former for the public of¬
fence j for every libel has a tendency to break the
peace, or provoke others to break it : which offence
is the fame w'hether the matter contained be true or
falfe 5 and therefore the defendant, on an indidlment
for publiihing a libel, is not allowed to allege the truth
of it by way of juftification. But in the remedy by
adiion on the cafe, which is to repair the party in da¬
mages for the injury done him, the defendant may, as
for words fpoken, juflify the truth of the fadls, and
{how that the plaintiff has received no injury at all.
What was faid wuth regard to words fpoken, will alfo
hold in every particular with regard to libels by writ¬
ing or printing, and the civil adlions confequent there¬
upon : but as to figns or pidlures, it feems neceffary
always to {how, by proper inuendos and averments
of the defendant’s meaning, the import and applica¬
tion of the fcandal, and that fome fpecial damage has
followed } otherwife it cannot appear, that fuch libel
by pidture was underftood to be levelled at the plain¬
tiff, or that it was attended with any adtionable confe-
quences.
In a civil adiion, then, a libel muft appear to be
falfe, as well as fcandalous \ for, if the. charge be
true, the plaintiff has received no private injury, and
has no ground to demand a compenfation for him-
felf, whatever offence it may be againft the public
peace : and therefore, upon a civil adiion, the truth
of the accufation may be pleaded in bar of the fuit.
But, in a criminal profecution, the tendency which
all libels have to create animofities, and to difturb the
public peace, is the foie confideration of the law.
And therefore, in fuch profecutions, the only points
to be confidered are, firll, the making or publiihing
of the book or writing j and, fecondly, wdiether the
matter be criminal: and, if both thefe points, are
againft the defendant, the offence againft the public is
complete.-.
L I B
Lioelk complete. 1 he punifhment of fuch libellers, for either
Libel. |naking* repeating, printing, or publiftiing the libel,
  1 is a fine, and fuch corporal punilhment as the court in
its difcretion fhall inilift j regarding the quantity of the
oftence, and the quality of the offender. By the law
of the twelve tables at Rome, libels, which affbaed the
reputation of another, were made a capital offence :
but, before the reign of Auguffus, the punifhment be¬
came corporal only. Under the emperor Valentinian
it was again made capital, not only to write, but to
publifh, or even to omit deflroying them. Our law,
in this and many other refpebls, correfponds rather
with the middle age of Roman jurifprudence, when li-
berty, learning, and humanity, were in their full vi¬
gour, than with the cruel edibts that were effablifhed
in the dark and tyrannical ages of the ancient decem¬
viri, or the latter emperors.
In this, and other inffances, where blafphemous,
immoral, treafonable, fchifmatical, feditious, or fcan-
dalous libels are punifhed by the Englifh law, feme
with a greater, others with a lefs degree of feverity,
the liberty of the prefs, properly underffood, is by no
means infringed or violated. See Libs nr r of the
Prefs.
LIBELLA, a piece of money amongft the Ro¬
mans, being the tenth part of the denarius, and equal
in value to the as. It was called libella, as being a
little pound, becaufe equal to a tpound of brafs. Its
value in our money is I ob. I qu. or a halfpenny far¬
thing. See Money.
Libella, or Libellula, a genus of four-winged flies,
called in Englifh dragon-flies or adder-flies. See En¬
tomology Index.
LIBELLI, was the name given to the bills which
were put up amongft the Romans, giving notice of the
time when a fhow of gladiators would be exhibited,
with the number of combatants, and other circumftan-
ces. This was called munus pronunciarc or proponere.
— Thefe bills were fometimes termed ediBa. Thefe
public notices were given by the perfon who defigned
to oblige the people with the fhow, and were frequently
attended with pibfures reprefenting the engagement of
fome celebrated gladiators. This cuftom is alluded to
by Horace, lib. ii. fat. vii. 96. &c.
f here was alfo the famofus libellus, a defamatory li¬
bel. Seneca calls them contumeliofl libelli, infamous
rhymes, which by a Roman ordnance were punifhable
with death. Libellus alfo in the civil law fignifies the
declaration, or ftate of the profecutor’s charge againft
the defendant; and it has the like fignification in our
fpiritual courts.
lABER, in vegetables, the bark or rind, principal¬
ly of trees. This is to be conceived as confifting of a
number of cylindric and concentric furfaces whofe tex¬
ture is reticular, and in fome trees plainly extrufible
every way, by reafon that the fibres are foft and flexi¬
ble. While in this condition, they are either hollow
regular canals, or, if not fo, they have interftitial fpaces
which ferve the office of canals. The nutritious juice
which they are continually receiving, remains in part in
them, makes them grow in length and thicknefs, and
ftrengthens and brings them clofer together •, and by
this means the texture which was before reticular be¬
comes an aflemblage of ftraight fibres ranged vertically
and parallel to each other 5 that is, as they are thus al-
3
1 79° ]
L I B
tered behind one another, they by degrees become a Libera*
new fubftance, more woody, called blea. || 1
LIBERA, in Mythology, the name of a goddefs, Libertines,.'
which C icero, in his i.'ook Of the Gods, reprefents as v
the daughter of Jupiter and Ceres. Ovid in his Fafti
lays that the name was given by Bacchus to Ariadne.
Libera is exhibited on medals as a kind of female
Bacchus, crowned with vine leaves.
LIBER AL arts, are fuch as depend more on the
labour of the mind than on that of the hands j or, that
confift more in fpeculation than operation $ and have
a greater regard to amufement and curiofity than to ne-
ceflity.
The word comes from the Latin liberalis, which a-
mong the Romans fignified a perfon wTho was not a
Have j and whofe w:ll, of confequence, was not check¬
ed by the command of any mafter.
Such are grammar, rhetoric, painting, fculpture,
architedture, mufic, &c. The liberal arts ufed former¬
ly to be fummed up in the following Latin verfe :
Lingua, Tropus, Ratio, Numerus, Tonus, Angulus, Aflra.
And the mechanical arts, which, however, are innu¬
merable, under this :
Rus, Nemus, Arma, Faber, Vulnera, Lana, Rates.
See Arts.
LIBERA LI A, feafts celebrated by the ancient Ro¬
mans, in honour of Liber or Bacchus, the fame wdth thofe
which the Greeks called Dionysia, and Dionysiaca.
They took their name from liber, i. e. free, a title
conferred on Bacchus in memory of the liberty or free*
dom which he granted to the people of Boeotia j or,
perhaps, becaufe wine, whereof he was the reputed
deity, delivers men from care, and fets their mind at
cafe and freedom. Varro derives the name of this feaft
from liber, confidered as a noun adjeclive, and fignifying
free; becaufe the priefts were free from their funaior^
and eafed of all care, during the time of the liberalia :
as the old w^omen officiated in the ceremonies and facri-
fices of thefe feafis.
LIBERIA, m Roman antiquity, a feftival obferved
on the 16th of the kalends of April, at which time the
youth laid afide their juvenile habit for the toga virilis
or habit peculiar to grown men. See the article Toga!
LIBERTINES, Libertini, in ecclefiailical hifto-
ry, a religious feft, which arofe in the year rijsif,
whofe principal tenets were, that the Deity was the foie
operating caufe in the mind of man, and* the immedi¬
ate author of all human a&ions ; that, confequently, the
diftin&ions of good and evil, which had been eftablilhed
with regard to thofe a&ions, were falfe and groundlefs,
and that men could not, properly fpeaking, commit
fin ; that religion confifled in the union of the fpirit or
rational foul with the Supreme Being; that all thofe
who had attained this happy union, by fublime con¬
templation and elevation of mind, were then allowed
to indulge, without exception or .eftraint, their appe¬
tites or paffions j that all their attions and purfuits
were then perfe&ly innocent j and that, after the death
of the body, they were to be united to the Deity.
They likewife faid that Jefus Chrift was nothing but
■Bmtxcje neffai quoi, compofed of the fpirit of God,
and of the opinion of men.
Thefe maxims occafiened their being called Liber¬
tines ;
L I B
T 791 ]
L I B
Libert)%
Libertines tines ; and the word has been ufed in an ill fenfe ever
fince.
, The Libcrtini fpread principally in Holland and Bra¬
bant. Their leaders were one Quintin, a Picard, Poc-
kelius, Rufifus, and another called Chopin, who joined
with Quintin, and became his difciple.
This fe£t obtained a certain footing in France
through the favour and protedlion of Margaret, queen
of Navarre, and filler to Francis I. and found patrons
in feveral of the reformed churches. This fe£l was
probably a remnant of the more ancient Beguards or
Brethren of the Free Spirit.
Libertines of Geneva, were a cabal of rakes rather
than of fanatics •, for they made no pretences to any
religious fyftem, but pleaded only for the liberty of
leading voluptuous and immoral lives. This cabal was
compofed of a certain number of licentious citizens,
who could not bear the fevere difcipline of Calvin, who
punilhed with rigour not only diffolute manners, but
alfo whatever bore the afpeft of irreligion and impiety.
In this turbulent cabal there were feveral perfons who
were not only notorious for their diffolute and fcanda-
lous manner of living, but alfo for their atheilfical im¬
piety, and contempt of all religion. To this odious
clafs belonged one Gruet, who denied the divinity of
the Chrifiian religion, the immortality of the foul, the
difference between moral good and evil, and rejeifed
with difdain the doclrines that are held moft facred
among Chriflians •, for which impieties he was at laff
brought before the civil tribunal, in the year 1550, and
condemned to death. The Genevan fpirit of reforma¬
tion, improperly direfted by the violence and zeal of
Calvin, did at this time operate to a degree which has
marked the chara&er of this great reformer with re¬
proach. For in 1544, Seballian Caftalio, mailer of
the public fchool at Geneva, who was a man of probity,
and dillinguifiied by his learning and taile, was, never-
thelefs, depofed from his office and banifhed the city,
becaufe he difapproved fome of the meafures that wyere
purfued and fome of the opinions entertained by Calvin
and his colleagues, and particularly that of abfolute
and unconditional predeftination. Jerome Bolfec alfo,
a man of genius and learning, who became a convert
to the Proteftant religion and fled to Geneva for pro-
teflion, was caff into prifon, and foon after fent into
banifliment, becaufe, in 1551, he imprudently and in¬
decently declaimed, in full congregation and at the
clofe of public worffiip, againft the do&rine of abfolute
decrees.
LIBERTUS, or Libertinus, among the Romans,
a freedman, or a perfon fet free from a legal fervi-
tude.
Thefe ftill retained fome mark of their ancient flate :
lie who made a flave free having a right of patronage
over the libertus : fo that if the latter failed of ffiowing
due refpedl to his patron, he was reftored to his fervi-
tude •, and if the libertus died without children, his pa¬
tron w'as his heir. See Slave.
In the beginning of the republic, libertinus denoted
the fon of a libertus or freedman •, but afterwards, be¬
fore the time of Cicero, and unddr the emperors, the
terms libertus and libertinus, as Suetonius has remarked,
were ufed as fynonymous.
LIBERTY, denotes a ftate of freedom, in contra-
diftincHon to Jlavery or rejlraint ; and may be confider- Liberty,
ed as either natural or civil, v
The abfolute rights of man, confidered as a free
agent, endowed with difeernment to know good from
evil, and with power of choofing thofe meafures which
appear to him to be molt defirable, are ufually fum-
med up in one general appellation, and denominated
the natural liberty of mankind. This natural liberty
confiils properly in a power of adting as one thinks
fit, without any reftraint or controul, unlefs by the
law' of nature; being a right inherent in us by birth,
and one of the gifts of God to man at his creation,
when he endued him with the faculty of free-will.
But every man, when he enters into fociety, gives up
a part of his natural liberty, as the price of fo va¬
luable a purchafe 5 and, in confideration of receiving
the advantages of mutual commerce, obliges himfelf
to conform to thofe law's which the community has
thought proper to eftabliffi. And this fpecies of le¬
gal obedience and conformity is infinitely more defire-
able than that wrild and favage liberty which is facri-
ficed to obtain it. For no man, that confiders a mo¬
ment, would wifh to retain the abfolute and uncon-
trouled powTer of doing whatever he pleafes : the confe-
quence of which is, that every other man would alfo
have the fame powTer; and then there would be no
fecurity to individuals in any of the enjoyments of
life.
'Political, therefore, or civil liberty, wdiich is that
of a member of fociety, is no other than natural li¬
berty, fo far reftrained by human laws (and no farther)
as is neceffary and expedi^t for the general advantage
of the public. Hence ure may colleft, that the law,
which reftrains a man from doing mifehief to his fel-
lowT-citizens, though it diminilhes the natural, in-
creafes the civil liberty of mankind : but every wan¬
ton and caufelefs reftraint of the will of the fubjeft,
whether pradtifed by a monarch, a nobility, or a po¬
pular affembly, is a degree of tyranny. Nay, that
even laws themfelves, whether made w'ith or without
our confent, if they regulate and conftrain our condudl
in matters of mere indifference, without any good end
in view', are laws deftrudlive of liberty : whereas, if
any public advantage can arife from obferving fuch
precepts, the controul of our private inclinations, in
one or twTo particular points, will conduce to preferve
our general freedom in others of more importance,
by fupporting that ftate of fociety which alone can
fecure our independence. Thus the ftatute of King
Edward IV. which forbade the fine gentlemen of thofe
times (under the degree of a lord) to wear pikes upon
their {hoes or boots of more than two inches in length,
w'as a law that favoured of oppreffion *, becaufe, how¬
ever ridiculous the faflfion then in ufe might appear, the
reftraining it by pecuniary penalties could ferve no pur-
pofe of common utility. But the ftatute of King
Charles II. which preferibes a thing feemingly as indif¬
ferent, viz. a drefs for the dead, who were all ordered
to be buried in woollen, is a law confiftent with public
liberty ; for it encourages the ftaple trade, on which in
great meafure depends the univerfal good of the nation.
So that law's, when prudently framed, are by no means
fubverfive, but rather introduttive, of liberty 5 for (as
Mr Locke has well obferved) where there is no law
there.'
L I B
Liberty, there is no freedom. But then, on the other hand, that
v ’ conftitution or frame of government, that fyftem of laws,
is alone calculated to maintain civil liberty, which
leaves the fubjecf entire mafter of his own conduif, ex¬
cept in thofe points wherein the public good requires
fome diredtion or reftraint.
The idea and pradtice of this political or civil li¬
berty, flourifh in their higheft vigour in thefe king¬
doms, where it falls little Ihort of perfedtion, and can
only be loft or deftroyed by the folly or demerits of
its owner j the legiflature, and of courfe the laws of
Britain, being peculiarly adapted to the prefervation
of this ineftimable blefling even in the meaneft fubjedt.
Very different from the modern conllitutions of other
ftates on the continent of Europe, and from the genius
of the imperial law ; which in general are calculated
to veil an arbitrary and defpotic power, of controul-
ing the actions of the fubjedt, in the prince, or in a
few grandees. And this fpirit of liberty is fo deeply
implanted in our conftitution, and rooted even in our
very foil, that a flave or a negro, the moment he lands
in Britain, falls under the protedtion of the laws, and
fo far becomes a freeman ; though the matter’s right
to his fervice may poftibly ftill continue.
The abfolute rights of every Briton (which, taken
in a political and extenfive fenfe, are ufually called
their liberties'), as they are founded on nature and rea-
fon, fo they are coeval with our form of government ;
though lubjedt at times to fludluate and change, their
eflabliftiment (excellent as it is) being ftill human.
At fome times we have feen them depreffed by over¬
bearing and tyrannical princes ; at others, fo luxuriant
as even to tend to anarchy, a worfe ftate than tyranny
itfelf, as any government is better than none at all.
But the vigour of our free conftitution has always de¬
livered the nation from thefe embarraffments : and, as
foon as the convullions confequent on' the itruggle have
been over, the balance of our rights and liberties has
fettled to its proper level ; and their fundamental ar¬
ticles have been from time to time afferted in parlia¬
ment, as often as they were thought to be in dan-
8er
Blackjt. Firft, By the great charter of liberties, which was
Comment, obtained, fword in hand, from King John, and after¬
wards, with fome alterations, confirmed in parliament
by King Henry III. his fon. Which charter contain¬
ed very few new grants ; but, as Sir Edward Coke ob-
ferves, was for the moft part declaratory of the prin¬
cipal grounds of the fundamental laws of England.
Afterwards, by the flatute called conf.rmatio car tar urn,
whereby the great charter is diredled to be allowed as
the common law 5 all judgements contrai-y to it are de¬
clared void •, copies of it are ordered to be fent to all
cathedral churches, and read twice a-year to the peo¬
ple •, and fenteuce of excommunication is diredfed to
be as conftantly denounced againft all thofe that by
word, deed, or counfel, a£! contrary thereto, or in any
degree infringe it. Next, By a multitude of fublequent
corroborating ftatutes (Sir Edward Coke reckons 32),
from the firft Edward to Henry IV. Then, after a
long interval, by the petition of right ; which was a par¬
liamentary declaration of the liberties of the people,
affented to by King Charles I. in the beginning of his
reign. Which was clofely followed by the ftill more
gmple conceflions made by that unhappy prince to his
a
L I B
parliament, before the fatal rupture between them j Liberty,
and by the many falutary laws, particularly the habeas ——v—
corpus a61, paffed under Charles II. To thefe lucceed-
ed the bill oj rights, or declaration delivered by the
lords and commons to the prince and princefs of O-
range, 13th February 1688 } and afterwards enadfed
in parliament, when they became king and queen :
which declaration concludes in thefe remarkable words $
“ and they do claim, demand, and infill upon, all and
lingular the premifes, as their undoubted rights and li¬
berties.” And the act of parliament itfelf recognifes
“ all and lingular the rights and liberties afferted and
claimed in the faid declaration to be the true, ancient,
and indubitable rights of the people of this kingdom.”
Laftly, Thefe liberties were again afferted at the com¬
mencement of the prefent century, in the all of fettle-
ment, whereby the crown was limited to his prelent
majefty’s illuftrious houfe : and fome new provifions
were added, at the fame fortunate era, for better fecur-
ing our religion, laws, and liberties ; which the fta-
tute declares to be “ the birthright of the people of
England,” according to the ancient dobtrine of the
common law.
Thus much for the declaration of cur rights and li¬
berties. The rights themfelves, thus defined by thefe
feveral ftatutes, conlift in a number of private immu¬
nities •, which will appear, from what has been pre-
mifed, to be indeed no other, than either that ref-
duum of natural liberty, which is not required by the
laws of fociety to be facrificed to public convenience }
or elfe thofe civil privileges, which fociety hath enga¬
ged to provide, in lieu of the natural liberties fo given
up by individuals. Thefe therefore were formerly, ei¬
ther by inheritance or purchafe, the rights of all man¬
kind ; but, in moft other countries of the world, being
now more or lefs debafed and deftroyed, they at prefent
may be faid to remain, in a peculiar and emphatical
manner, the rights of the people of Britain. And
thefe may be reduced to three principal or primary ar¬
ticles 5 the right of perfonal fecurity, the right of per-
fonal liberty, and the right of private property : be-
caufe, as there is no other known method of compul-
fion, or of abridging man’s natural free-will, but by
an infringement or diminution of one or other of thefe
important rights, the prefervation of thefe inviolate
mayjiaftly be faid to include the prefervation of our
civil immunities in their largeft and moft extenfive fenle.
See the article Rights.
In vain, however, would thefe rights be declared,
afeertained, and protefted by the dead letter of the
laws, if the conllitution had provided no other me¬
thod to fecure their adlual enjoyment. It has there¬
fore eftabliihed certain other auxiliary fubordinate rights
of the fubjedl, which ferve principally as barriers to
protedl and maintain inviolate the three great and pri¬
mary rights, of perfonal fecurity, perfonal liberty, and
private property. Thefe are,
1. The conftitution, powers, and privileges of par¬
liament ; for which fee Parliament.
2. The limitation of the king’s prerogative, by
bounds fo certain and notorious, that it is impoftible
he ftiould exceed them without the confent of the peo¬
ple ; as to which, fee Prerogative. The former of
thefe keeps the legiilative power in due health and vi¬
gour, fo as to make it improbable that laws fliould
[ 792 ]
LIB t 793 ] LIB
Liberty.
t
be enafted deftru&ive of general liberty : the latter is
a guard upon the executive power, by reftraining it
from afting either beyond or in contradiction to the
laws that are framed and eftablilhed by the other.
3. A third fubordinate right of every Briton is that
of applying to the courts of juftiee for redrefs of in¬
juries. Since the law is, in this realm, the fupreme
arbiter of every man’s life, liberty, and property,
courts of juftice mult at all times be open to the fub-
je£t, and the law be duly adminiltered therein. The
emphatical words of magna charta, fpoken in the per-
fon of the king, who in judgement of law (fays Sir Ed¬
ward Coke) is ever prefent and repeating them in all
his courts, are thefe : Nulli vendemus, nulli negabimus,
aut dijferemus reSium vel jujlitiam; “ and therefore
every fubjeft (continues the fame learned author), for
injury done to him in bonis, in t err is, vel perform, by
any other fubjeft, be he ecclefiaftical or temporal, with¬
out any exception, may take his remedy by the courfe
of the law, and have juftice and right for the injury
done to him, freely without fale, fully without any. de¬
nial, and fpeedily without delay. It were endlefs to
enumerate all the affirmative a61s of parliament, where¬
in juftice is directed to be done according to the law of
the land : and what that law is, every fubjeft knows,
or may know if he pleafes : for it depends not upon the
arbitrary will of any judge 5 but is permanent, fixed,
and unchangeable, unlefs by authority of parliament.
We ftiall however juft mention a few negative ftatutes,
■whereby abufes, perverfions, or delays of juftice, efpe-
cially by the prerogative, are reftrained. It is ordain¬
ed by magna charta, that no freeman ftiall be outlawed,
that is, put out of the proteftion and benefit of the
laws, but according to the law of the land. By
2 Edw. III. o* 8. and 11 Ric. II. c. 10. it is enacted,
that no commands or letters fhall be fent under the
great feal, or the little feal, the fignet or privy feal,
in difturbance of the law7 5 or to difturb or delay
common right : and, though fuch commandments
ftiould come, the judges (hall not ceafe to do right :
which is alio made a part of their oath by ftatute
18 Edw. III. ftat. 4. And by 1 W. and M. ft. 2 c. 2.
it is declared, that the pretended power of fufpending
or difpenfing with laws, or the execution of laws, by
regal authority without confent of parliament, is il¬
legal.
Not only the fubftantial part, or judicial deciftons,
of the law7, but alfo the formal part, or method of
proceeding, cannot be altered but by parliament: for,
if once thofe outworks were demoliftied, there would
be an inlet to all manner of innovation in the body of
the law itfelf. The king, it is trpe, may erebt new
courts of juftice 5 but then they muft proceed accord¬
ing to the old eftablilhed forms of the common law.
For which reafon it is declared in the ftatute 16 Cai*. I.
c. 10. upon the diffolution of the court of ftar-cham-
ber, that neither his majefty, nor his privy-council,
have any jurifdibrion, powder, or authority, by Englifh
bill, petition, articles, libel, (which were the courfe of
proceeding in the ftar-chamber, borrowed from the ci¬
vil law), or by any other arbitrary way whatfoever, to
examine, or draw into queftion, determine, or difpofe
of the lands or goods of any fubjedts of this king¬
dom 5 but that the fame ought to be tried and deter-
Vol.XI. Part II.
mined in the ordinary courts of juftice, and by courfe of Liberty.
law. '   
4. If there Ihould happen any uncommon injury, or
infringement of the rights before mentioned, w'hich
the ordinary courfe of law is too defective to reach,
there ftill remains a fourth fubordinate right, apper¬
taining to every individual, namely, the right of peti¬
tioning the king, or either houfe of parliament, for
the redrefs of grievances. In Ruflia we are told that
the czar Peter eftablilhed a law, that no fubjebl might
petition the throne till he had firft petitioned two
different minifters of ftate. In cafe he obtained juftice
from neither, he might then prefent a third petition
to the prince •, but upon pain of death, if found to be
in the wrong. The confequence of W'hich was, that
no one dared to offer fuch third petition; and griev¬
ances feldom falling under the notice of the fovereign,
he had little opportunity to redrefs them. The re-
ftribtions, for fome there are, which are laid upon pe¬
titioning in Britain, are of a nature extremely different;
and w’hile they promote the fpirit of peace, they are
no check upon that of liberty. Care only muft be
taken, left, under the pretence of petitioning, the fub-
jebl be guilty of any riot or tumult ; as happened in
the opening of the memorable parliament in 1640 ;
and, to prevent this, it is provided by the ftatute
13 Car. II. ft. 1. c. 5. that no petition to the king, or
either houfe of parliament, for any alteration in church
or ftate, lhall be figned by above 20 perfons, unlefs
the matter thereof be approved by three juftices of the
peace, or the major part of the grand jury, in the
country ; and in London, by the lord mayor, aider-
men, and common-council : nor ihall any petition be
prefented by more than 10 perfons at a time. But,
under thefe regulations, it is declared by the ftatute
1 W. and M. ft. 2. c. 2. that the fubjeft hath a right
to petition ; and that all commitments and profecutions
for fuch petitioning are illegal.
5. The fifth and laft auxiliary right of the fubjeft,
that we ihall at prefent mention, is that of having arms
for their defence, fuitable to their condition and de¬
gree, and fuch as are allotved by law. Which is alfo
declared by the fame ftatute 1 W. and M. ft. 2. c. 2.
and is indeed a public allowance, under due reftric-
tions, of the natural right of rtfiftance and felf-pre-
fervation, when the fandtions of focicty and lawrs
are found infufficient to reftrain the violence of op-
preffion.
In thefe feveral articles confift the rights, or, as
they are frequently termed,, the liberties of Britons : li¬
berties more generally talked of than thoroughly un-
derftood j and yet highly neceffary to be perfectly
known and conlidered by every man of rank or pro¬
perty, left his ignorance of the points whereon they
are founded fhould hurry him into faftion and licen-
tioufnefs on the one hand, or a pufillanimous indiffer¬
ence and criminal fubmiftion ofl the other. And we
have feen that thele rights confift, primarily, in the
free enjoyment of perfonal lecurity, of perfonal liber¬
ty, and of private property. So long as thefe remain
inviolate, the fubjedl; is perfeftly free ; for every fpe-
cies of compulfive tyranny and oppreflion muft aft in
oppofition to one or other of thefe rights, having no
other objeft uoon which it can pofiibly be employed.
5 H Ta
Liberty.
LIB F 7
To preferve tliefe from violation, it is neceffary that
the ccnllitution of parliaments be fupported in its full
vigour 5 and limits, certainly known, be fet to the royal
prerogative. And, laftly. To vindicate thefe rights,
when actually violated or attacked, the fubjefts of Bri¬
tain are entitled, in the hr 11 place, to the regular ad-
miniilration and tree courfe of juftice in the courts of
law ; next, to the right of petitioning the king and
parliament for redrefs of grievances •, and, laftly, to the
right of having and ufing arms for felf-prefervation
and defence. And all thefe rights and liberties it is
our birthright to enjoy entire ; unlefs where the laws
of our country have laid them under necefiary reftraints.
Reftraints in themfelves fo gentle and moderate, as
W'ill appear upon farther inquiry, that no man of fenfe
or probity would vvilh to fee them flackened. For all
of us have it in our choice to do every thing that a
good man would defire to do ; and are reftrained from
nothing, but what would be pernicious either to our-
felves or our fellow-citizens. So that this review of
our fituatien may fully juftify the obfervation of a
learned French author, who indeed generally both
thought and wrote in the fpirit of genuine freedom $
and who hath not fcrupled to profefs, even in the
very bofom of his native country, that the Britifti is
the only nation in the wmrld where political or civil
liberty is the direct end of its conftitution. Recom¬
mending, therefore, to the ftudent in our laws a far¬
ther and more accurate fearch into this extenfive and
important title, we fnall clofe our remarks upon it with
the expiring wifh of the famous Father Paul to his
country, “ Esto PERPETUA !”
Liberty and Neceffity. See Metaphysics.
Liberty of the Prefs. The art of printing, foon
after its introduflion, was looked upon in England,
as wTell as in other countries, as merely a matter of
ftate, and fubjedft to the coercion of the crown. It was
therefore regulated wdth us by the king’s proclama¬
tions, prohibitions, charters of privilege and licenfe,
and finally by the decrees of the court of ftar-chamber,
which limited the number of printers, and of prefles
which each ftiould employ, and prohibited new publi¬
cations unlefs previoufiy approved by proper licenfers.
On the demolition of this odious jurifdiflion in 1641,
the long parliament of Charles I. after their ruptui'e
with that prince, aflumed the fame powers as the ftar-
chamber had exercifed wfith refpeft to the licenfing of
books: and in 1643, I^47> I649, and 1652 (Sco-
bell. i. 44, 134. ii. 88, 230.) iiTued their ordinances
for that purpofe, founded principally on the ftar-cham¬
ber decree of 1637. In 1662 was paffed the ftatute 13
and 14 Car. II. c. 33. which, with fome few altera¬
tions, was copied from the parliamentary ordinances.
This aft expired in 1679 ; but was revived by ftatute
1 Jac. II. c. 17. and continued till 1692. It was then
continued for two years longer by ftatute 4 W. and M.
c. 24. but though frequent attempts were made by the
government to revive it in the fubfequent part of that
reign, (Com. Jcurn. 11 Feb. 1694, 26 Nov. 1695,
22 Oft. 1696, 9 Feb. 1697, 31 Jan. 1698), yet the
parliament refifted it fo ftrongly, that it finally expired,
and the prefs became properly free in 1694, and has
continued fo ever fince.
The liberty of the prefs, hcnvever, fo efiential to
94. ] LIB
the nature of a free ftate, confifts not in freedom from lAerty
cenfure for any criminal matter that may be publiihed, Lji)ej]ir:u;
but in laying no previous reftraints upon publications. . 4
Every freeman has undoubtedly a right to lay what
fentiments he pleafes before the public ; to forbid this,
is to deftroy the freedom of the prefs: but if he pub-
lilhes what is improper, mifchievous, or illegal, he muft
take the coniequence of his own temerity*. To fub- * See Libel.
jeft the prefs to the reftriftive power of a licenfer in
the manner above mentioned, is to fubjeft all freedom
of fentiment to the prejudices of one man, and make
him the arbitrary and infallible judge of all controverted
points in learning, religion, and government. But to
punifti (as the law does at prefent) any dangerous or
offenfive writings which, when publiftied, ftiall, on a
fair and impartial trial, be adjudged of a pernicious
tendency, is neceffary for the prefervation of peace and
good order, of government and religion, the only folid
foundations of civil liberty. Thus the will of indivi¬
duals is ftill left free j the abufe only of that free will
is the objeft of legal puniftrment. Neither is any re-
ftraint hereby laid upon freedom of thought or inquiry j
liberty of private fentiment is ftill left j the diffeminat-
ing or making public of bad fentiments, deftruftive
of the ends of fociety, is the crime which fociety cor-
refts. A man (fays a fine writer on this fubjeft) may
be allowed to keep poifons in his clofet, but not pub¬
licly to vend them as cordials. And to this wTe may
add, that the only plaufible argument heretofore ufed
for reftraining the juft freedom of the prefs, “ that it
was neceffary to prevent the daily abule of it,” will
entirely lofe its force, when it is (hown (by a feafonable
exertion of the laws) that the prefs cannot be abufed to
any bad purpofe without incurring a fuitable punifti-
ment: whereas it can never be ufed to any good one
when under the controul of an infpeftor. ( So true
will it be found, that to cenfure the licentioufnefs, is to
maintain the liberty of the prefs.
Liberty, in Mythology, was a goddefs both among
the Greeks and Romans. Among the former ftie wTas
invoked under the title Kleutheria ; and by the latter
ftie was called Libert as, and held in fingular venera¬
tion. Temples, altars, and ftatues, were erefted in ho¬
nour of this deity. A very magnificent temple was
confecrated to her on Mount Aventine, by Tiberius
Gracchus, before which wras a fpacious court, called
atrium libertatis. The Romans alfo erefted a new
temple in honour of Liberty, when Julius Caefar efta-
blithed his empire over them, as if their liberty had
been fecured by an event which proved fatal to it. In
a medal of Brutus, Liberty is exhibited under the figure
of a woman, holding in one hand a cap, the iyrnbol of
liberty, and tw7o poniards in the other, wTith the in-
fcription idibvs martiis.
LIBETHRA, in Ancient Geography, the fountain
of fong, was fituated in Magnefia, a diflrift of Mace¬
donia annexed to Theffaly; diftinft from the town of
Libethra, which flood on Mount Olympus, where it
verges towards. Macedonia : hence the mufes are called
Libethrides, (Virgil). Strabo places on Helicon, not
only Hippocrene, and the temple of the Mufes, but alfo
the cave of the nymphs Libethrides.
LIBETHR1US mons, in Ancient Geography, a
mountain of Bceotia, diftant from Coronea 40 ftadia y
where
LIB [ 795 ] LI B
Libra.
T&bitina where flood the ftatues of the Mufes, and of the
nymphs furnamed Libethridcs: a mountain probably
, conjoined with, or at lead; very near to, Helicon.
LIB1T1NA, in the Roman mythology, a goddefs
which prefided over funerals. This goddefs was the
fame with the Venus infera or EpilJiymbia of the Greeks.
She had a temple at Rome, where was lodged a cer¬
tain piece of money for every perfon who died, wdiofe
name was recorded in a regiiler called Libitinee ratio.
This pradtice was ellablithed by Servius Tullius, in
order to obtain an account of the number of annual
deaths in the city of Rome, and confequently the rate
of increafe or decreafe of its inhabitants.
LIBITINARII, were undertakers whofe office it
was to take care of funerals, prepare all things necef-
fary upon this folemn occafion, and furnifh every ar¬
ticle required.—They got their livelihood by this
gloomy bufinefs, and kept a number of fervants to
perform the working part of the profeflion, fuch as
thepollinBores, vefpillones, &c. The name Libitinarii is
derived from Libitina, the goddefs of funerals, in whofe
temple were fold all things relating to funerals. See
Funeral.
LIEN A, in Ancient Geography, a facerdotal city in
the tribe of Judah, a place of flrength, as appears from
Sennacherib’s laying liege to it, 2 Kings xix. Ifaiah
xxxvii. In Jerome’s time, a village, called Lobna, in
the territory of Eleutheropolis.
LIBOURNE, a town of France, in Guienne, and
in Bourdelois. It is a populous trading town, and is
feated on the river Dordogne. W. Long. o. 10. N. Lat.
LIBRA, or Balance, one of the mechanical powers.
See Balance.
Libra, in AJironomy, one of the 12 ligns of the
zodiac, and exadfly oppofite to Aries ; fo called be-
caufe when the fun is in this lign at the autumnal
equinox, the days and nights are equal as if weighed
in a balance.—The Bars in this conftellation according
to Ptolemy are 17, Tycho 10, Hevelius 20, and Flam-
Head 5 1.
Libra alfo denotes the ancient Roman pound, bor-
rowred from the Sicilians, who called it htra.
The libra was divided into 12 uncia or ounces, and
the ounce into 24 fcruples.
The divifions of the libra were, the uncia, one twelfth ;
the fextans, one fixth •, the quadrans, one fourth •, the
triens, one third ; the quincunx, five ounces ■, the fcmr's,
fix j the feptunx, feven •, the bes, eight ; the dodrans,
nine 5 the dextrans, ten •, the deunx, eleven 5 laftly, the
as weighed twelve ounces or one libra.
The Roman libra was ufed in France for the pro-
pordons of their coin till the time of Charlemagne,
or perhaps till that of Philip I. in 1093, their fols being
fo proportioned, as that 20 of them were equal to the
libra. By degrees it became a term of account : and
every thing of the value of twenty fols was called a
livre.
Libra penfa, in our lawr books, denotes a pound of
money in weight. It was ufual in former days not
only to tell the money but to weigh it : becaufe many
cities, lords, and bithops, having their mints, coined
money, and often very bad too; for which reafon,
though the pound confided of 20 fhillings, they always
weighed it.
LIBRARII, among the ancients, were a fort of Librarn,
copyifts who tranfcribed in beautiful or at leaf! legible
characters, what had been written by the notarii in
notes and abbreviatures.
LIBRARY, an edifice or apartment deflined for
holding a confiderable number of books placed regular¬
ly on ihelves ; or the books themfelves lodged in it.
Some authors refer the origin of libraries to the
Hebrews ; and obferve, that the care thefe took for
the prefervation of their facred books, and the me¬
mory of what concerned the aClions of their anceftors,
became an example to other nations, particularly to
the Egyptians. Ofmanduas, king of Egypt, is faid
to have taken the hint find ; who, according to Dio¬
dorus, had a library built in his palace, with this in-
fcription over the door, ^ETXHS IATFEION. Nor were
the Ptolemies, who reigned in the fame country, lefs
curious and magnificent in books.
The Scripture alfo fpeaks of a library of the kings
of Perfia, Ezra v. 17. vi. 1. which fome imagine to
have confided of the hidorians of that nation, and ot
memoirs of the affairs of date ; but, in effeCt, it ap¬
pears rather to have been a depofitory of laws, char¬
ters, and ordinances of the kings. the Hebrew7 text
calls it the houfe of treafures, and afterwards the houfe
of the rolls, where the treafures were laid up. We
may, with more judice, call that a library, mentioned
in the fecond of Efdras to have been built by Nehemiah,
and in which wrere preferved the books of the prophets,
and of David, and the letters of their kings.
The fird who ereCled a library at Athens was the
tyrant Pifidratus; and yet Strabo refers the honour
of it to Aridotle. That of Pifidratus was tranfport-
ed by Xerxes into Perfia, and was afterwards brought
back by Seleucus Nicanor to Athens. Long after,
it was plundered by Sylla, and re edablifned by Ha¬
drian. Plutarch fays, that under Eumenes there w7as
a library at Pergamus, containing 200,000 books. Ty-
rannian, a celebrated grammarian, contemporary with
Pompey, had a library of 30,000 volumes. That of
Ptolemy Philadelphus, according to A. Gellius, contain¬
ed 700,000, all in rolls, burnt by Coefar’s foldiers.
Condantine, and his fucceffors, eredted a magnificent
one at Condantinople; which in the eighth century con¬
tained 300,000 volumes, all burnt by order of Leo
Ifaurus •, and, among the red, one wherein the Iliad
and Odyffey were written in letters of gold, on the guts
of a ferpent.
The mod celebrated libraries of ancient Rome, w7ere
the Ulpian, and the Palatine. They alfo boad much
of the libraries of Paulus iEmilius, who conquered Per-
feus ; of Lucilius Lucullus, of Afinius Pollio, Atticus,
Julius Severus, Domitius Serenus, Pamphilius Martyr,
and the emperors Gordian and Trajan.
Anciently, every large church had its library 5 as
appears by the writings of St Jerome, Anaftafius, and
others. Pope Nicholas laid the fird foundation of
that of the Vatican, in 1450. It was dedroyed by
the condable Bourbon, in the lacking of Rome, and
redored by Pope Sixtus V. and has been confiderably
enriched with the ruins of that of Heidelberg, plun¬
dered by Count Tilly in 1622. One of the mod com¬
plete libraries in Europe, wTas faid to be that eredled at
Florence by Cofmo de Medicis, over the gate where¬
of is written labor absque labore j though it is now
3 H 2 exceed'd
Library.
LIB [ 796 ] LIB
esc?eded by that of the French king, begun by Fran¬
cis I. augmented by Cardinal Richelieu, and completed
by M. Colbert.
ri he emperor’s library at Vienna, according to Lam-
becius, coniiils of 8~>,C>CQ volumes, and 1 C.quo curious
medals.
The Bodleian libn^-y at Oxford, built on the foun¬
dation or that of Duke Humphry, exceeds that of
any univerlity in Europe, and even thofe of all the
fov’ereigns of Europe, except the emperor’s and French
king’s, which are each of them older by 100 years.
It was firil opened in 1602, and has fince found a
great number of benefaftors •, particularly Sir Robert
Cotton, Sir H. Savil, Archbuhop Laud, Sir Kenelm
-^‘gby, Mr Allen, Dr Pococke, Mr Selden, and others.
The Vatican, the Medicean, that of Beflarion at Ve¬
nice, and thole juft mentioned, exceed the Bodleian in
Greek manufcripts: which yet outdoes them all in Ori¬
ental maimfcripts.
As to printed books, the Ambrefian at Milan, and
that of Wolfenbuttle, are two of the moft famous, and
yet both inferior to the Bodleian.
King's Library, at St James’s, was founded by
Henry, eldeft fon of James I. and made up partly of
books, and partly of manufcripts, with many other
curiolities, for the advancement of learning. It has
received many additions from the libraries of Ifaac
Cafaubon and others.
CottonianLiBRARr,ov\gmn\\y confifted of 958 volumes
of original charters, grants, inftruments, letters of fo-
vereign princes, tranfadftions between this and other
kingdoms and ftates, genealogies, hiftories, regifters of
monafteries, remains of Saxon laws, the book of Gene-
iis, thought to be the moft ancient Greek copy extant,
and faid to have been written by Origen in the fecond
century, and the curious Alexandrian copy or manu-
Icript in Greek capitals. This library is kept in the
Britilh Mufeum, with the large and valuable library
of Sir Hans Sloane, amounting to upwards of 42,000
volumes, &c. There are many public libraries be¬
longing to the feveral colleges at Oxford and Cam¬
bridge, and the univerfities in Nort'A Britain. The
principal public libraries in London, befide that of the
Mufeum, are thofe of the College of Heralds, of the
College of Phyftcians, of Doftors Commons, to which
every hi (hop, at the time of his confecration, gives at
leaft 20I. fometimes 50I. for the purchafe of books j
thole of Gray’s Inn, Lincoln’s Inn, Inner Temple,
and Middle Temple; that of Lambeth, founded by
Archbuhop Bancroft in 16lo, for theufeof fucceeding
archbiihops of Canterbury, and increafed by the bene-
fa&ions of Archbilhops Abbot, Sheldon, and Tennifon,
and faid to conlift of at leaft 15,000 printed books, and
617 volumes in manufcript; that of Red-Crofs ftreet,
founded by Dr Daniel Williams, a Prelbyterian divine,
and lince enriched by many private benefeaions ; that
of the Royal Society, called the Arundelian ox Norfolk
library, becaufe the principal part of the colle&ion
formerly belonged to the family of Arundel, and was
given to the fociety by Henry Howard, afterwards
.duke of Norfolk, in 1666, which library has been in¬
creafed by the valuable colledlion of Francis Afton,
Efq. in 1715, and is continually increafing by the
numerous benefactions of the works of its learned mem¬
bers, and others: that of St Paul’s, of Sion college ;
the Queen’s library, created by Queen Caroline in
1 737 i and the Surgeons library, kept in their hall in
the Old Bailey, &c.
In Edinburgh there is a good library belonging to
the univerfity, well furniftied with books j which are
kept in good order. There is alfo a noble library of
books and manufcripts belonging to the faculty of ad¬
vocates. See Advocate. The library belonging to
the fociety of writers to the fignet, although of lefs ex¬
tent, yet in the judicious fele&ion of the beft books,
and the beft editions, which by the attention of the fo¬
ciety are now kept in excellent order, is inferior to
none in the kingdom.
LIBRATION, in AJlronomy, an apparent irregula¬
rity of the moon’s motion, whereby (he feems to librate
about her axis, fometimes from the eaft to the weft, and
now and then from the weft to the eaft. See Astro¬
nomy Index,
LIBURNIA, in Ancient Geography, a diftriftof II-
lyricum, extending towards the Adriatic between Iftria
on the weft, Dalmatia on the eaft, and Mount Albius
on the north. Liburni, the people. The apparitors,
who at the command of the magiftrate fummoned the
people from the country, were called Liburni, becaufe
generally men of Liburnia.—Liburna, or Liburnica,
(Horace), denoted a kind of light and fwift fkiff, ufed
by the Liburnians in their fea-roving or piracies, for
which they were noted. Liburnum (Juvenal), was a
fpecies of litter made in form of Liburnian Ikiffs,
wherein the noblemen of Rome were carried, and where
they fat at their eafe, either reading or writing.
LIBURNUS, in Ancient Geography, a mountain of
Campania. Alfo a port of Tufcany. Now Livorna,
or Leghorn. E. Long. 11. N. Lat. 43. 30.
LIBYA, in general, according the Greeks, de¬
noted Africa. An appellation derived from lub,
“ thirft,” being a dry and thirfty country. See Africa.
Libya, in a more reftrained fenfe, was the middle
part of Africa, extending north and weft, (Pliny) j
between the Mediterranean to the north, and Ethiopia
to the eaft : and was twofold, the Hither or Exterior
Libya ; and the Farther or Interior. The former lay
between the Mediterranean on the north, and the Far¬
ther Libya and Ethiopia beyond Egypt on the fouth,
( Ptolemy j. The Farther or Interior Libya was a vaft
country, lying between the Hither Libya on the north,
the Atlantic ocean on the weft, the Ethiopic on the
fouth, and Ethiopia beyond Egypt on the eaft, (Pto¬
lemy).
Libya, in a ftill more reftrained fenfe, called, for
diftin&ion’s fake, Libya Propria, was a northern di-
ftrift of Africa, and a part of the Hither Libya ; fitu-
ated between Egypt to the eaft, the Mediterranean to
the north, the Syrtis Major and the Regio Tripoli-
tana to the weft, the Garamantes and Ethiopia be¬
yond Egypt to the fouth. Now the kingdom and defert
of Barca. This Libya was again fubdivided into Libya
taken in the ftridteft fenfe of all, and into Marmarica
and Cyrenaica. Libya in the ftri£Ieft fenfe, otherwife
the Exterior, was the moft eaftern part of Libya Pro¬
pria, next to Egypt, with Marmarica on the weft, the
Mediterranean on the north, and the Nubi, now called
Nubia, to the foutb, (Ptolemy).
Lihratiotr
.11
Libra.
4
3
LICENSE,
L I C
[
licenfc
II.
Licinius.
7
LICENSE, in Law, an authority gi^en to a perfon
to do fome lawful aft.
LICENSER OF Books, has been an officer In almoft
every civilized country, till the clofeofthe lad century,
when it was abolithed in Great Britain. It has been
proved by Beckmann, that fuch an office was eftabliffied,
not only in the Roman empire, but alfo in the republic
and the dates of Greece. AU the copies of the works of
Protagoras which could be procured, were burnt at A-
thens by the public crier, and the fatirical works of La-
bienus ffiared the fame fate under the reign of the emper¬
or Augudus. Not long after the invention of printing,
laws were enafted for fubjefting books to examination ;
a regulation which was propofed even by Plato, and
which many have fince wiffied for. It appears that the
liberty of the prefs is only a modern privilege, and that
it has not been enjoyed in its utmod latitude in any
country but Great Britain.
Licenser of the Prefs. See Liberty of the Prefs.
LICENTIATE, one who has obtained the degree
of a Itcenfe.—The greated number of the officers of
judice in Spain are didinguifhed by no other title than
that of licentiate. In order to pafs licentiate in common
law, civil law, and phyfic, they mud have dudied feven
years, and in divinity ten. Among us a licentiate ufual-
ly means a phyfician who has a licenfe to praftife, grant¬
ed by the college of phyficians.
LICETUS, a celebrated phyfician of It'aly, was
born at Rappollo, in the date of Genoa, 1577*
came, it feems, into the world, before his mother had
completed the feventh month of her pregnancy ; but
his father, being an ingenious phyfician, wrapped him
up in cotton, and nurtured him fo, that he lived to be
yy years of age. He wras trained with great care, and
became a very didmguifhed man in his proreffion j and
was the author of a great number of w-orks: his book
De Monfris every body mud have heard of. He wras
profeflor of philolophy and phyfic at Padua, where he
died in 1655.
LICHEN, liverwort, a genus of plants belonging
to the natural order of algae, in the cryptogamia clafs.
See Botany Index.
LICHFIELD. See Litchfield.
LICHTENBERG, a cadle of France, in Lower
Alface, and the chief place of a county of the fame
name ; feated on a rock, near the mountains Vofges,
and looked upon as impregnable. E. Long. 7. 35.
N. Lat. 48. 55. .
LICHTENBURG, a towm of Germany, in the
circle of Franconia, and margravate of Cullembach.
E. Long. 1 2. o. N. Lat. 50. 26.
LICHTENFELS, a town of Germany, in the
circle of Franconia, and bilhopric of Bamberg, feated
on the river Mayne, in E. Long. II. 10. N. Lat. 50.
20.
LICPITENSTEIN, a town of Svvifferland, in
Tockerberg, feated on the river Thour. E. Long.
2. 15. N. Lat. 47. 25.
LIGHT ST ALL, a handfome town of Swifferland,
in the county of Bafil •, feated on the river'Ergetz, in
E. Long. 7. 57. N. Lat. 47. 40.
LICINIUS Stolo, a famous Roman tribune,
ftyled Stolo on account of a lawT he made, while tribune,
that no Roman citizen fhould poffefs more than 500
acres of land j alleging, that when they occupied more,
97 ] LID
they could not cultivate it with care, nor pull up the
ufelefs (hoots (flolones) that grow from the roots of trees.
He is memorable alfo for enafting, that one of the con- 1—_
fuls ffiould always be of a plebeian family. He lived
about 362 B. C.
LICNON, in the Dionyfian folemnities, the myftical
van of Bacchus; a thing fo effential to all the folemni¬
ties of this god, that they could not be duly celebrated
without it. See Dionysia.
LICNOPHORI, in the Dionyfian folemnities, thofe
who carried the licnon.
L ICO LA, or Lago Di Licola, a lake in the king¬
dom of Naples, formerly famous for plenty of excellent
filh j but in the year 1538 an explofion of a volcano
changed one part of it into a mountain of allies, and
the other into a morafs. It was anciently known by
the name of the Lucrine lake.
LICONIA, a genus of plants belonging to the pent-
andria clafs. See Botany Index.
LICTORS, among the Romans, were officers ella-
blnhed by Romulus, who always attended the chief im~
giftrates when they appeared in public.
The duty of their office confifted in the three fol¬
lowing particulars: i.Submotio,ox clearing the way for
the magiftrate they attended : this they did by word
of mouth j or, if there was octafion, by ufing the rods
they always carried along with them. 2. Pbumadverjio,
or caufing the people to pay the ufual refpeft to the
magiftrate, as to alight, if on horfeback, or in a chariot j
to rife up, uncover, make way, and the like. 3. Prce-
itio, or walking before the magiftrates: this they did not
confufedly, or altogether, nor by two or three abreaft,
but fingly, following one another in a itraight line.
They alio preceded the triumphal car in public triumphs;
and it was alfo part of their office to arrefl criminals,
and to be public executioners in beheading, &c. Their
enfigns were the fasces and securis.
As to the number of liftors allowed each magiftrate,
a diftator had twenty-four, a mafter of the horle fix, a
conful twelve, a praetor fix ; and each veftal virgin, when
fhe appeared abroad, had one.
LIDD. See Lydd.
LIDDEL, Dr Duncan, profeflbr of mathematics
and of medicine in the univerfity of Helmftadt, was
born in the year 1561 at Aberdeen, where he received
the firlt part of his education in languages and philo-
fophy. About the age of eighteen he repaired to.the
univerfity of Francfort, where he fpent three years in a
diligent application to mathematics and philofophy.
From Francfort he proceeded to Wratiftaw, or Brellaw,
in Silefia, where he is laid to have made uncommon pro-
grefsin his favourite ftudy of mathematics, under the ffi-
reftion of a very eminent profeflbr, Paiilus Wittichius.
Having ftudied at Brellaw for the fpace of one year, he
returned to Francfort and remained there three years,
paying the moft intenfe application to the ftudy of phyfic. -
A contagious diftetnper having broken out at that place,
the ftudents were difperfed, and Liddel retired to the uni¬
verfity of Roftock. Here he renewed his ftudies, rather
as a companion than as a pupil of the celebrated Bru-
cseus, who, though an excellent mathematician, did not
fcruple to confefs that he was inftrufted by Liddel in the
more perfeft knowledge of the Copernican fyftem, and
other aftronomical queftions. In 159^ returned once
more to Francfort. But having there heard of the in-
creafing ;
Licnon
Liddel.
lid del,
Lidford.
LID [ ^c)8 ]
creafing reputation of the Academia Julia, eftablilhed at verge of it.
Helmftadt by Henry duke of Brunfwick, Mr Liddel re¬
moved thither j and foon after his arrival was appointed
to the fir ft or lower profefforftiip of mathematics. From
thence he was promoted to the fecond and more digni¬
fied mathematical chair, which he occupied for nine
years, with much credit to himfelf and to the Julian
Academy. In 1596 he obtained the degree of M. D.
wras admitted a member of that faculty, and began pub¬
licly to teach phyfic. By his teaching and his writings
he was the chief fupport of the medical fchool at Helm¬
ftadt ; was employed as firft phyfician at the court of
Brunfwick, and had much practice among the principal
inhabitants of that country. Having been feveral times
eledled dean of the faculties both of philofophy and phy¬
fic, he had in the year 1604 the honour of being chofen
proredlor of the univerfity. But neither academical ho¬
nours, nor the profits of an extenfive pradlice abroad,
could make Dr Liddel forget his native country. In
the year 1600 he took a final leave of the Academia Ju¬
lia; and after travelling for fome time through Germany
and Italy, he at length fettled in Scotland. He died in
the year 1613, in the 52d year of his age. By hislaft
will he beftowed certain lands purchafed by him near-
Aberdeen upon the univerfity there, in all time com¬
ing, for the education and fupport of fix poor fcho-
lars. Among a variety of regulations and injundHons
for the management of this charity, he appoints the
magiftrates of Aberdeen his truftees, and folemnly de¬
nounces the curfe of God on any perfon who (hall abufe
or mifapply it. His works are, 1. Difputationes Medi-
cina/es, Helmjladt, 1603. 410. 2. Sirs Medico, fnccincie
et pcrfpicue explicate, Hamburghi, 16&7, 8vo. This per¬
formance is dedicated to King James VI. and is divided
into five books, viz. Introdudiio in totatn Medicinam;
De Phy/io/ogia; De Patho/ogia; De Signorum doBrina ;
De Thcrapeutica. 3. De Febribus Libri tres, Ham¬
burghi, 1610, 12mo. 4. Traffatus de dente aureo,
Hamburghi, 1628, izmo. This laft performance Dr
Liddel publifired in order to refute a ridiculous ftory
then current, of a poor boy in Silefia, who, at feven
years of age, having loft fome of his teeth, brought
forth, to the aftonifhment of his parents, a new tooth
of pure gold. Jacobus Horftius, doctor and profeffor
of medicine in the Academia Julia, at the fame time
with our author, had publilhed a book, which he dedicated
to the emperor Rudolphus II. to prove that this w-on-
derful tooth was a prodigy fent from heaven to en¬
courage the Germans then at war with the Turks, and
loretelling, from this golden tooth, the future vidlories
of the Chriftians, with the final deftrudtion of the
Turkifti empire and Mahometan faith, and a return
of the golden age in 1700, preparatory to the end of
the world. The impofture was foon after difcovered
to be a thin plate of gold, Ikilfully drawn over the na¬
tural tooth by an artift of that country, with a view to
excite the public admiration and charity. 5. Artis con-
fervandi Sanitatem, libri duo, Aberdonicc, 1651, I2mc;
a pofthumous work.
JHDFORD, a village of Devonfliire in England, fitu-
ated on the river Lid, tw-o or three miles eaft of Brent
Tor, wras formerly a famous town, with a caftle. It
was much deftroyed by the Danes in 997. The vil¬
lage is now (mall, but the lands in the parilh are rich
and krtile, the whole foreft of Dartmore being in the
Lie.
L I E
. r river here being pent up at the bridge Lidcoping
with rocks, has made itfelf fo deep a fall, that the noife H
of the w'ater only is heard without being feen. ,
LIDKOPING, a town of Weft Gothland in Swe¬
den, feated on the lake Wenar, in E. Long. 12. 40.
N. Lat. 58. 25.
LlDISiEY, a town of Gloucefterfhire in England,
71 miles from London, is feated on the weft bank of
the. river Severn. In the neighbourhood are the re¬
mains of a large Roman encampment, wdth foundations
of many ancient buildings, among which are the ruins
of a Roman hypocauft of an oval form ; and Roman
antiquities and coins are often found. Mr Bathurft has
a fine feat here called Sydney-Park, in the midft of ex¬
tenfive woods.
LIE, in morals, denotes a criminal breach of veraci-
ty-—Archdeacon Paley, in treating of this fubjecl, ob-
ferves, that there are falfehoods which are not lies; that
is, which are not criminal : and there are lies which are
not literally and direclly falfe.
I. Cafes of the firft clafs are thofe, r. Where no one
is deceived : as, for inftance in parables, fables, novels,
jefts, tales to create mirth, or ludicrous embelliftiments
of a ftory, in which the declared defign of the fpeaker
is not to inform, but to divert; compliments in the
fuofeription of a letter ; a prifoner’s pleading not guil-
; an advocate affeiting the juftice, or his belie’f of
the juftice, of his client’s caufe. In fuch inftance no
confidence is deftroyed, becaufe none was repofed; no
promife to fpeak the truth is violated, becaufe none
was given or underftood to be given. 2, Where the
perfon you ipeak to has no right to know the truth,
or more properly where little or no inconveniency re-
fults from the want of confidence in fuch cafes; as
where you tell a falfehoo-d to a madman for his own
advantage ; to a robber, to conceal your property ; to
an alfaftin, to defeat or to divert him from his purpofe.
It is upon this principle, that, by the laws of war, it
is .allowed to deceive an enemy by feints, falfe colours,
fpies, falfe intelligence, and the like ; but, by no means,
in treaties, truces, fignals of capitulation, or furrender :
and the difference is, that the former fuppofe hoftilities
to continue, the latter are calculated to terminate or fuf-
pend them.
Many people indulge in ferious difeourfe a habit of
fiftion and exaggeration, in the accounts they give of
themfelves, of their acquaintance, or of the extraordi¬
nary things which they have feen or heard ; and fo
long as tire fadts they relate are indifferent, and their
narratives though falfe are inoffenfive, it may feem a
fuperrtitious regard to truth to cenfure them merely
for truth’s fake. Yet the pradlice ought to be check¬
ed : for, in the firft place, k is almoft impoflible to
pronounce beforehand, w7ith certainty, concerning any
lie, that it is inoffenfive; or to fay what ill confe-
quences may refult from a lie apparently inoffenfive:
And, in the next place, the habit, when once formed,
is eafily extended to ierve the defigns of malice or in-
tereft ; like all habits, it fpreads indeed of itfelf. Pious
frauds, as they are improperly enough called, pretend¬
ed infpirations, forged books, counterfeit miracles, are
impofitions of a more ferious nature. It is polfible
that they may fometimes, though (eldom, have been
fet up and encouraged with a defign to do good : but
the good they aim at requires that the belief of them
. ftiould
LIE [ 799 ] LIE
hardly poiTible ; and the fees held of him, that they were obliged to do him all
Liechtenau1, Ihould be perpetual, which i
Liege, detection of the fraud i; furePto difparage the credit of
v“ aii pretenfions of the fame nature. Chriftianity has
fuffered more injury from this caufe than from all other
caufes put together.
II. As there may be falfehoods which are not lies,
fo there may be lies without literal or diredl falfehood.
An opening is always left for this Ipecies of prevarica¬
tion, when the literal and grammatical fignification of
a fentence is different from the popular and cuftomary
meaning. It is the wilful deceit that makes the lie \
and we wilfully deceive, when our expreflions are not
true, in the fenfe in which we believe the hearer ap¬
prehends them. Belides, it is abfurd to contend for
any fenfe of words, in oppofition to ufage \ for all
fenfes of all words are founded upon ufage, and upon
nothing elfe. Or a man may aft a lie ; as by pointing
his finger in a wrong direftion, wdien a traveller in¬
quires of him his road j or when a tradefman fhuts up
his windows, to induce his creditors to believe that he
is abroad : for to all moral purpofes, and therefore as
to veracity, fpeech and aftion are the fame j fpeech
being only a mode of adtion.
LIECH FENAU, a town of Germany, in the cir¬
cle of Franconia and margravate of Anfpach, fubje6t
to Nuremberg. E. Long. 9. 5. N. Lat. 48. 43.
LIEGE (Ligius), in Law, properly fignifies a vaf-
fal, who holds a kind of fee, that binds him in a clofer
obligation to his lord than other people.
The term feems to be derived from the French her,
“ to bind on account of a ceremony ufed in render¬
ing faith or homage : which wras by locking the vaffal’s
thumb or his hand in that of the lord, to Ihow that
he was fall bound by his oath of fidelity. Cujas,
Vigenere, and Bignon, choofe rather to derive the
word from the fame fource with leudis or leodi, “ loy¬
al, faithful.” But Du Cange falls in with the opi¬
nion of thofe who derive it from hti, a kind of vaffals,
fo firmly attached to their lord, on account of lands or
Liege.
manner of fervice, as if they were his domeftics. He
adds, this was formerly called htgium fervilium, and the
perfon litge. In this fenfe, the word is u'ed, Leg.
Edw. cap. 29. Judcei fuh tutela regis ligea dehent ejfe;
that is, wholly under his prote&ion.
By liege homage, the vaffal wTas obliged to ferve his
lord towards all, and againft all, excepting his father.
In wLich fenfe, the word was ufed in oppofition to
fimple homage ; which laft only obliged tbe vaffal to pay
the rights and accuilomed dues to his lord *, and not to
bear arms again!! the emperor, prince, or other <upe-
rior lord : fo that a liege man was a perfon wholly de¬
voted to his lord, and entirely under his command.
Omnibus, izr'c. Regina/dus, rex Infularum, falutenu
Sciatis quod deveni homo ligeus domini regis Anglue Jo~
hannis, contra omnes mortales, quamdtu vixero ; et inde
eifidelitatcm et facramentum pra-Jhti, is’c. MS. penes
W. Dugdale.
But it mull be obferved, there were formerly two
kinds of liege homage : the one, by which the vaffal
w'as obliged to lerve his lord, againll all, without ex¬
ception even of his fovereign •, the other, by which he
was to ferve him againft all, except fuch other lords as
he had formerly owed liege homage to.
In our old ftatutes lieges, and liege people, are
terms peculiarly appropriated to the king’s fubjefts ; as
being hget, ligi, or hgati, obliged to pay allegiance to
him ; 8 Henry VI. 14 Hen. VIII. &c. though private
perfons had their lieges too. Reinaldus, Dei gratia,
abbas Ramefiae, praepofito et hominibus de Brancejire, et
omnibus vicims Francis et Anglis falutem. Sciatis me
dedijje terram Ulfe, in depcdene (^hodie depedale) June
Rofehno, et uxon ejus Alfnue—ea conditione quod effect 1
Jint homines legis. Lib. Ramef.
LiRGE-Pou/iie, in Scots Law, is oppofed to death¬
bed ; and fignifies a perfon’s enjoying that fiate of
health in which only he can difpofe of his property at:
pleafure.
THE END OF THE ELEVENTH VOLUME.
DIREC TIONS for placing the PLATES of Vol. XL
Part I.
Plate CCLXXVL CCLXXVII. to face
CCLXXVIII.
CCLXXIX—CCLXXXIIL
CCLXXXIV. CCLXXXV.
CCLXXXVI.
CCLXXXVIL
Part II.
CCLXXXVIIL
CCLXXXIX.
CCXC, CCXCL
CCXCII—CCXCV.
page IO
52
112
240
352
388
477
488
744
782