iti k4AvwalxA Vl^\cLa^x. V T ft: Cncpclopaetria Jkttanmca: OR, A DICTIONARY OF ARTS, SCIENCES, AND MISCELLANEOUS LITERATURE; ENLARGED AND IMPROVED. THE FIFTH EDITION. JllustcateD toitf) neatrlg sir tjunOreti (ffingfatiinp. VOL. XI. INDOCTI DISCANT; AMENT MEMINISSE PEltlTI, EDINBURGH : Printed al the Encyclopaedia Press, FOR ARCHIBALD CONSTABLE AND COMPANY, AND THOMSO' DONA ft, EDINBURGH GALE, CURTIS, AND FENNER, LONDON ; A'T'^i'^0MAS W1LSON AND SONS, YO ' ■ „ - ; : • ' J' > . . r\ J?- />, which refts upon the bafe of the hygrometer, carries a box q, to which is fixed a kind of port-crayon r, the aperture of which is equal to the diameter of the counterpoife g. When the hy¬ grometer is to be moved from one place to another j to prevent a derangement of the inftruments from the of- cillations of the counterpoife, the box q and the port¬ crayon r muft be raifed up fo as the counterpoife may fall into and be fixed in it, by tightening the fcrew s and the box and counterpoife together by the fcrew t. When the hygrometer is intended for ufe, the coun¬ terpoife muft be difengaged by lowering the box, as may be conceived from the figure. Laftly, at the top of the inftrument is a curved piece of metal x, y, %, which is faftened to the three columns juft defcribed and keeps them together. It has a fquare hole at y, which ferves to hang up the hygrome¬ ter by when required. The variations of which this hygrometer is capable, are (all things befides equal) as much greater as the arbor round which the flip of filver winds is than a finaller diameter, and as the inftrument is capable of receiving a longer hair. M. Sauflure has had hygro¬ meters made with hairs 14 inches long, but he finds one foot fufficient. The arbor is three-fourths of a line in diameter at the bafe between the threads of the.fcrew or the part on which the flip winds. The variations, when a hair properly prepared is applied to .rnore ^an an entire circumference, the index, defcribing about 400 degrees in moving from extreme drynefs to extreme humidity. M. Sauflure mentions an inconvenience attending this hygrometer, viz. its not returning to the fame point when moved from one place to another} becaufe the weight of three grains that keeps the filver flip extended, cannot play f) e*- aflly as to a£t always with the fame precifion again/! the 5 ] h Y G arbor round which it winds. But this weight cannot Hygrome* be fenfibly increafed without ilill greater inconvenien- . l^r' ces : he therefore obferves, that this hygrometer is well calculated for a fixed fituation in an obfervatory, and for various hygrometrical experiments ; fince, inftead of the hair, there may be fubftituted any other fub- ftance of which a trial may be wanted ; and it may be kept extended by a counterpoife more or lefs heavy as they may require : but the inftrument will not admit of being moved, nor ferve even for experiments which may fubjedt it to agitation. To obviate the obje£lion above mentioned, M. Sauf- Portable fure has contrived another apparatus more portable and convenient, and which, if not fo extenfive in its va‘SaUfl'ure.' riations, is in fa£t very firm, and not in the leaft liable to be deranged by carriage and agitation. Fig. 8. is a Fig. S. reprefentation of this hygrometer, which he calls the portable hygrometer, in diftinflion from the preceding, which he calls the great hygrometer or the hygrometer with the arbor. The material part of this inftrument is its index ab ce; an horizontal view of which, and the arm that carries it, is feen in the feparate figure GBDEF. This index carries in its centre D a thin tube hollow throughout, and proje&s out on each fide of the needle. The axis which pafl'es through it, and round which the index turns, is made thin in the middle of its length and thick at the ends ; fo that the cylindrical tube which it pafies through touches it only at two points, and a61s upon it only at its extre¬ mities. The part z/z1 DE of the index ferves to point out' and mark on the dial the degrees of moifture and dry¬ nefs } the oppofite part fib DB ferves to fix both the hair and counterpoife. This part which terminates in a portion of a circle, and is about a line in thicknefs, is cut on its edge in a double vertical groove, which makes this part fimilar to the fegment of a pulley with a double neck. Thefe two grooves, which are portions . of a circle of two lines radius, and have the fame cen¬ tre wdth that of the index d, ferve in one of them to contain the hair, and in the other the filk, to the end of which the counterpoife is fufpended. The fame index carries vertically above and below its centre two final! fcrew-pincers, fituated oppofite to the two grooves : that above at a, oppofite to the hindmoft groove, ferves to fix to the filk to which the counterpoife is fufpended j and that below at b, oppofite to the hithermoft groove, ferves to hold one of the ends of the hair. Each of thefe grooves has its partitions cut, as feen in the fec- tion B, and its bottom made flat in order that the hair and filk may have the greateft freedom poflible. The axis of the needle DD goes through the arm ^/GF, and it is fixed to this arm by the tightening fcrew^/’F. All the parts of the index fliould be in perfeft equili¬ brium about its centre ; fo that when it is_on its pivot without the counterpoife, it will re# indifferently in any pofition it may be placed in- It muft be underftood. that when the hair [is fixed by one of its extremities in the pincers e, and by the other end on the pincers y at the top of the inftrument, it paffes hi one of. the necks of the double pulley b, whiilt the counterpoife to which the filk is fixed in a pa/Tes in the other neck of the fame pulley : the coun¬ terpoife ferves to keep the hair extended, and afts al¬ ways in the fame direction and with the fame force, whatever. H Y G [ Hygroma- wHatever the fituation of the index may be. When , ter' therefore the drynefs contrads the hair, it overpowers the gravity of the counterpoife, and the index defcends : when, on the contrary, the humidity relaxes the hair, it gives way to the counterpoife, and the index afcends. The counterpoife ihould weigh but three grains j fo that the index fliould be made very light and very eafy in its motion, in order that the le-aft poflible force may move it and bring it back again to its point when drawn afide. The dial h e h is a circular arch, the centre of which is the fame with that of the index. This arch is di¬ vided into degrees of the fame circle, or into the hun¬ dredths of the interval which is found between the li¬ mits of extreme drynefs and extreme humidity. The interior edge of the dial carries at the diftance hi i a kind of proje&ing bridle or ftay zV, made of brafs wire, curved to the arch, and fixed in the points ii. This bridle retains and guards the index, at the fame time leaving it to play with the requifite freedom. The fcrew-pincers y, in which is faflened the upper extre¬ mity of the hair, is carried by a moveable arm, which afcends and defcends at pleafure the length of the frame KK. This frame is cylindrical everywhere elfe, ex¬ cept its being here flattened at the hinder part to about half its thicknefs, in order that the piece with the fcrew which carries the arm fhould not projedl out underneath, and that the arm may not turn. The arm may be flopped at any defired height by means of the prefling fcrew x. But as it is of ufe fometimes to be able to give the inftrument a very fmall and accurate motion, fo as to bring the index exactly to the part that may be wanted, the Aide piece /, which carries the pincers y, to which the hair is fixed, is to be moved by the adjufling fcrew m. At the bale of the inftrument is a great lever n op q, which ferves to fix the index and its counterpoife when the hygrometer is to be moved. The lever turns an axis /z, terminated by a fcrew which goes into the frame 5 in tightening this fcrew, the lever is fixed in the delired pofition. When the motion of the index is to be flopped, the intended pofition is given to this lever, as reprefented in the dotted lines of the figure. The long neck p of the lever lays hold of the double pulley h of the index, and the ftiort neck 0 of the coun¬ terpoife : the tightening fcrew q fattens the two necks at once. In confining the index, it muft be fo placed, that the hair be very flack ; fo that, if whilfl it is moved the hair fhould get dry, it may have room to contract itfelf. Afterwards, when the inftrument is placed for ufe, the firft thing to be done is to relax the fcrew and turn back the .double lever with great catwlon, taking equal care at the fame time not to ftram the hair. It is better to apply one hand to the index near its centre, whilfl the other hand is difenga- ging the pulley and tfie counterpoife from the lever that holds them fteady. Tht hook r ferves to fufpend a thermometer upon ; it fliouU be a mercurial one, with a very fmall naked bulb or ban, fo as to fliow in the moft fenlibie manner the changes of the air : it fhould be mounted in metal, and guarded in fuch a mruiner ag not to vibrate fo as to break the hair. Lafxly a notch is made under the top of the frame .r, to mark the point of fufpenfion, about which the inftrument is in equili¬ brium, and keeps a vertical fttuation. 6 ] H Y G All the inftrument fliould be made of brafs : though Hygrome . the axis of the index and its tube work more pleafantly ter- together if made of bell-metal. The extent of this hygrometer’s variations is not more than the fourth or fifth part of the hygrometer with the arbor. It may be augmented by making the fegment of the pulley to which the hair is fixed of a fmaller diameter •, but then the hair, in moving about it, would fret and contracl a ftifthefs, which would caufe it to adhere to the bottom of the neck. M. Sauflure is of opinion, that the radius of this pulley Ihould not be lefs than two lines, at leaft that there Ihould be adapted a plate of filver or fome other contrivance j but then the hygrometer would be too difficult to con- ftruft, and it would require too much attention and care on the part of thofe who ufe it : his objeft was, to make an inftrument generally ufeful, and eafy and convenient in its ufe. The hygrometer with the arbor may be ufed for obfervations which require an extreme fenfibility. The variations of this inftrument may be augment¬ ed by making it higher, becaufe in that cafe longer hairs might be adapted : but it would be then lefs portable. Befides, if the hair is too long, when obfervations are made in the open air, the wind has too great an effedt upon it, and thus communicates to the index in¬ convenient vibrations. It is not proper therefore to make it more than a foot in height. When it is of this dimenfion, an hair properly prepared can be ap¬ plied to it, and its variations from extreme drynefs to extreme humidity are 80 or even 100 degrees j which on a circle of 3 inches radius forms an extent fufficient for obfervations of this kind. M. Sauffure has even made fmaller inftruments that may be carried conve¬ niently in the pocket, and to make experiments with under fmall receivers : they were but feven inches high by two inches of breadth \ which, notwithftanding their variations, were very fenfible. Thus much for the conftruftion of the various parts of the inftrument. The limits of this work will not admit of our inferting the whole of M. Sauffure’s fub- fequent account of the preparation of the hair, the man¬ ner of determining the limits of extreme humidity and of extreme drynefs, the pyrometrical variations of the hair, and the graduation of the hygrometer. The fol¬ lowing extraft muft therefore fuffice. In the preparation of the hair, it was found ne- ceflary to free it of a certain undluofity it always has in its natural ftate, w'hich in a great meafure de¬ prives it of its hygrometrical fenfibility. A number of hairs are boiled in a ley of vegetable alkali 5 and among thefe are to be chofen for ufe fuch as are moft tranfparent, bright, and foft; particular pre¬ cautions are neceffary for preventing the {training of the hair, which renders it unfit for the intended pur- pofe. The two fixed points of the hygrometer are the ex¬ tremes both of moifture and drynefs. The former is obtained by expofing the inftrument to air completely faturated with water j and this is effected by placing it in a glafs receiver l anding in water, the fides of which are kept continually moiftened. The point on the dial, at which the hand after a certain interval re- ma'm3 ftationary, is marked 100. The point cf ex¬ treme drynefs, not abfolute drynefs, for that does not exift, H Y G [ jlygrome- cxirt, but the greateft degree of it that can be obtain- ter’ ed, is produced by introducing repeatedly into the fame receiver containing the inftrument, and ftanding now upon quickfilver, certain quantities of deliquefcent al¬ kaline falls, which abforb the moifture of the air. The highefl: point to which the hand can be brought by this operation, not only when it will rile no higher, but when it becomes retrograde from the dilatation occafioned by heat, is called o j and the arch between tbefe two points is divided into IOO equal parts, being degrees of the hygrometer. The arch />/>, upon which the fcale is marked in the inftrument (reprefented in fig. 2.) being part of a circle of three inches diameter ; hence every degree meafures about one-third of a line. In the ftationary hygrometer, fig. I. the fcale upon the complete circular dial is fo much larger, that every degree meafures about five lines ; but this M. Saulfure confiders fo far from being a peifeiftion, that it is ra¬ ther an inconvenience 5 fince the inftrument becomes thereby fo very fufceptible of the leaft impreffion, that there is even no approaching it without a fenfible variation. The thermometer, adapted as before men¬ tioned, ferves to correct the changes of tempera¬ ture : towards the extreme of drynefs, i° of the thermo¬ meter produces on the hair an effect of half a degree of the hygrometer, but towards the extreme of moift ure, the fame difference of temperature caufes an effect no lefs than 30 on the hygrometer. He conftrufted two tables, that gave the intermediate hygrometrical varia¬ tions for fingle degrees of the thermometer at different parts of the fcale. The whole range of the atmofpherical variations takes in about 750 of this fcale 5 a drynefs of more than 250 being always the effedt of art. The fenfibi- lity of this inftrument is lo very great, that being ex- pofed to the dew, he mentions that it varies above 40° in about 20 minutes of time. Being removed from a very moift into a very dry air, it varied in one inftance no lefs than 350 in three minutes. He fays that its variations were always found uniform in different inftruments fufpended in different parts of the fame at- mofphere. This hygrometer is confidered by the au¬ thor as poffeffed of ail the properties requifite in fuch an inftrument. Thefe are, 1. That the degrees in the fcale be fufficientlv large, and to point out even the leaft variation in the drynefs or moifture of the at- tnofphere. 2. That it be quick in its indications. 3. Ihatitbe at all times confident with itfelf; viz. that in the fame ftate of the hair it always points to the fame degree. 4. That feveral of them agree with one another. 3. That it be a defied only by the aque¬ ous vapours. 6. That its variations be ever propor¬ tionate to the changes in the air. But after all it muft be obierved, that a connderable degree of trouble and delicacy is requifite in the pre¬ paration of the hair, and it is very fragile •, circum- llances which may prevent it from coming into general ufe among common obfervers, although probably it may be tne beft in principle of any yet made. Inftead of hairs or cat-gut, of which hygrometers of the firft kind are commonly made, Caffebois, a Be¬ nedictine monk at Mentz, propofed to make fuch hy¬ grometers of the gut of a filk-vorm. When that in- lefl is ready to fpin, there are found in it two veffels proceeding from the head to the ft ora a cb, to which 2 ] H Y G they adhere, and then bend towards the back, where Hygrome- they form a great many folds. The part of thefe vef-, t'r' fels next the ftomach is of a cylindric form, and about a line in diameter. Thefe veffels contain a gummy fort of matter from which the worm fpins its filk } and, though they are exceedingly tender, means have been devifed to extraff them from the infefl, and to prepare them for the above purpofe. When the worm is about to fpin, it is thrown into vinegar, and fuffered to remain there twenty-four hours ; during which time the vinegar is abforbed into the body of the infedl, and coagulates its juices. The worm being then opened, both the veffels,which have now acquired ftrength, are extrafted ; and, on account of their pliability, are ca¬ pable of confiderable extenfton. That they may not, however, become too weak, they are ftretched only lo the length of about fifteen or twenty inches. It is obvious that they muft be kept fuffieiently extended till they are completely dry. Before they attain to that ftate, they muft be freed, by means of the nail of the finger, from a (limy iubftance which adheres to them. Such a thread will fuftain a weight of fix pounds without breaking, and may be ufed for an hygrometer in the fame manner as eat-gut •, but we confeis that we do not clearly perceive its Superiority. II. On the fecond general principle, namely, that ofDe Luc’s* the fwelling of folid bodies by moifture, and their con- tra&ion by drynefs, M. de Luc’s inftrument is the beft. He makes choice of ivory for the conftrudtion of bis hygrometer, becaufe he finds that, being once wetted, ivory regularly fwells by moifture, and returns exactly to the fame dimenfions when the moifture is evapora¬ ted, which other bodies do not. This hygrometer is reprefented in fig. 9. where a a i> is an ivory tube open Fig. c>r at the end a 4, and clofe at b. It is made of a piece of ivory taken at the diftance of fome inches from the top of a pretty large elephant’s tooth, and likewife at the fame diftance from its furface and from the canal which reaches to that point. (This particular direc¬ tion is given, that the texture of the ivory in all dif¬ ferent hygrometers may be the fame, which is of great importance). This piece is to be bored exactly in the direftion of its fibres ; the hole muft be very ftraight, its dimenfions 2^ lines in diameter, and 2 inches 8 lines in depth from a a lo c. Its boffe is then to be exa&ly filled with a brafs cylinder, which, however, muft pro¬ ject fomewhat beyond the ivory tube ; and thus it is to be turned on a proper machine, till the thicknefs off the ivory is exactly TZAT£ CCZ.XXVZ. Fi.j. IS. Kntjf by TO- D^Lhors Edui! HYGROMETER. Fif, 7. PLATE CCEXXril. Fuf .8 . JSngfi&y W:ScDJ£zrars Edin T H Y L Hygrome ter of the balance, and at the other a weight equal to 175 grains, or the weight of the ftone when perfectly dry, Hyhs. tbe nut in the groove fhewed the excefs of weight in —grains when it and the chain were fo adjufted that the balance flood in equilibrio. A particular apparatus on the fame principles as a vernier, applied to the nut, fhewed the excefs of weight to ten parts of a grain. Lowitz remarked that this hygrometer in continued wet weather gave a moifture of more than 15 grains, and in a continued heat of 113 degrees of Fahrenheit only 14 degree of moifture. The hygrometer thus invented by Lowitz was, how¬ ever, attended with this fault, that it never threw off the moifture in the fame degree as the atmofphere be¬ came drier. It was alfo fometimes very deceitful, and announced moifture when it ought to have indicated that drynefs had again begun to take place in the at¬ mofphere. To avoid thefe inconveniences, M. Hoch- heimer propofes the following method : 1. Take a fquare bar of fteel about two lines in thicknefs, and from ten to twelve inches in length, and form it into a kind of balance, one arm of which ends m a ferew. On this ferew let there be ferewed a lead¬ en bullet of a proper weight, inftead of the common weights that are fufpended. 2. Take a glafs plate about ten inches long, and feven inches in breadth ; de- flroy its polifti on both fides, free it from all moifture by rubbing it over with warm allies, fufpend it at the other end of the balance, and bring the balance into •quilibrium by ferewing up or down the leaden bullet. 3. Mark now the place to which the leaden bullet is brought by the ferew, as accurately as poftible, for the point of the greateft drynefs. 4. Then take away the glafs plate from the balance, dip it completely in water, give it a (hake that the drops may run off from it, and wipe them carefully from the edge. 5. Apply the glafs plate thus moiftened again to tlm balance, and bring the latter into equilibrium by ferewing the leaden bullet. Mark then the place at which the bullet Hands as the higheft degree of moifture. 6. This apparatus is to be fufpended in a fmall box of well dried wood, fuffieiently large to fuffer the glafs plate to move up and down. An opening muff be made in the lid, ex- a&ly of fuch a fize as to allow the tongue of the ba¬ lance to move freely. Parallel to the tongue apply a graduated circle, divided into a number of degrees at pleafare, from the higheft point of drynefs to the high¬ eft degree of moifture. The box muft be pierced with ftnall holes on all the four fides, to give a free paflage to the air j and to prevent moifture from penetrating into the wood by rain, when it may be requifite to exl pofe it at a window, it muft either be lackered or painted. lo fave it at all times from rain, it may be furnilhed with a fort of roof. For a defeription of Mr Leflie’s Hygrometer, fig. 13. and in a more portable form, fig. 14. fee Meteorolo¬ gy' Index. H\ Gr’OSCOPE. The fame with Hygrometer. HYLA, in Ancient Geography, a river of Myfia Mi¬ nor, famous for Hylas the favourite boy of Hercules who was carried down the ftrearn and drowned. It is find to run by Prufa ; whence it feems to be the fame with the tf/iyaaforaj-, which runs north-weft into the Pro¬ pontis. H .1 LAS, in fanulous hiftory, fon of Theodamus, [ ti ] H Y M was ravifhed by the nymphs of a fountain as he was ta¬ king out fome water for Hercules, by whom he was be¬ loved. HYLOZOISTS, formed of vM, matter, and life, the name of a fe£t of atheifts among the ancient Greek philofophers, who held matter to be animated ; main¬ taining that matter had fome natural perception, with¬ out animal fenfation, or refleftion in itfelf confidered j but that this imperfedl life occafioned that organiza* tion whence fenfation and refleftion afterwards arofe. Of thefe, fome held only one life, which they called a plastic nature, prefiding regularly and invariably over the whole corporeal univerfe, which they reprefented as a kind of large plant or vegetable j thefe were called the cofmoplaftic and ftoieal atheifts, becaufe the Stoics held fuch a nature, though many of them fuppofed it to be the inftrument of the Deity. Others’ thought that every particle of matter was endued with life, and made the mundane fyftem to depend upon a cer¬ tain mixture ox chance and plaftic or orderly nature united together. Thefe were called the Stratonici, from Strato Lampfacenus, a difciple of Theophraftus, called alfo Phyficus (Cicero de Nat. Deor. lib. 1. cap. 13.), who was firft a celebrated Peripatetic, and afterwards formed this new fyftem of atheifm for himfelf. Befides thefe two forms of atheilm, fome of the ancient philo¬ fophers were Plylopathians, or Anaximandrians, de¬ riving all things from dead and ftupid matter, in th® way ot qualities and forms, generable and corruptible , and others again adopted the atomical or Democri- tical fyftem, who aferibe the produ£tion of the univerfe to atoms and figures. See on this fubjedl Cudwort/iPt Intelleliual Syjiem, book i. chap. 3. HYMEN, or HYMENiEUS, a fabulous divinity, the fon of Bacchus and Venus Urania, was fuppoled by the ancients to prefide over marriages ; and accord- mgly wasv invoked in epithalamiums, and other ma¬ trimonial ceremonies, under the formula Hymen, or Hy merics e ! The poets generally crown this deity with a chap¬ let of rofes ; and reprefent him, as it were, diflblved and enervated with pleafures, drefled in a yellow robe and (lioes of the fame colour, with a torch in his hand.—Catullus, in 'one of his epigrams, addrefies him Cinge tempora floribtts Suaveolentis amaraci. It was tor this reafon, that the new married couple bore garlands of flowers on the wedding-day ; which cuftom alfo obtained among the Hebrews, and even amoncr Chiiftians, during the firft ages of the church, as ap¬ pears from Tertullian, De corona rnilitari, where he fays, Coronant et nuptce fponfos.—S. Chryfoftom, like- wife mentions thefe crowns of flowers ; and to this day the Greeks call marriage in refpedt of this crown or garland. Hymen", Jpw, in Anatomy, a thin membrane or tkin. fometimes circular, of diflerent breadths, more or lets tmooth, and fometimes femilunar, formed by the union ot the internal membrane of the great canal with that on the infide of the alae, reternbling a piece of fine parchment. This membrane is fuppofed to be ftretch- ed in the neck of the womb of virgins, below the nymphae, leaving in fome fubjects a very fmall opening, B 2 in Hylas fi Hymen. H Y M [ i Hymen, in otters a larger, and in all rendering the external ori- “-““v—fice narrower than the reft of the cavity, and to be broke when they are deflowered j an effufion of blood following the breach. The membranous circle may likewife fuffer fome diforder by too great a flux of the menfes, by impru- dence, levity, and other particular accidents. The hymen is generally looked upon as the left of vir-^ ginity j and when broke, or withdrawn, Ihows that the perfon is not in a ftate of innocence. This notion is very ancient. Among the Hebrews, it wras the cuftom for the parents to fave the blood ftied on this occaflon as a token of the virginity of their daughter, and to fend the flieets next day to the hufband’s relations. And the like is faid to be ftill pra&ifed in Portugal, and fome other countries. And yet authors are not agreed as to the exiftence of fuch a membrane. Nothing, Dr Drake obferves, has employed the curiolity of anatomifts, in differing the organs of generation in W'omen, more than this part: they have differed not only as to its figure, fub- ftance, place, and perforation, but even its reality j fome pofitively affirming, and others flatly denying it. De Graaf himfelf, the moft accurate inquirer into the ftrufture of thefe organs, confeffes he always fought it in vain, though in the moft unfufpedled fubje&s and ages: all he could find was, a different degree of ftrait- nefs or widenefs, and different corrugations, which were greater or lefs according to the refpe£live ages •, the aperture being ftill the lefs, and the rugofities the greater, as the fubjeft was younger and more un¬ touched. Dr Drake, on the other hand, declares, that in all the fubje&s he had opportunity to examine, he does not re¬ member to have miffed the hymen fo much as once, where he had reafon to depend on finding it. The faireft view he ever had of it was in a maid who died at thirty years of age ; in this he found it a membrane of fome ftrength, furnifhed with fleffiy fibres, in figure round, and perforated in the middle with a fmall hole, capable of admitting the end of a woman’s little finger, and fituated a little above the orifice of the urinary paf- fage, at the entrance of the vagina of the womb. In infants it is a fine thin membrane, not very confpi- cuous, becaufeof the natural ftraitnefs of the paffage it- felf, which does not admit of any great expanfion in fo little room; which might lead De Graaf into a notion of its being no more than a corrugation. This membrane, like moft others, does probably grow mere diftinft, as well as firm, by age. That it not only exifts, but is fometimes very ftrong and im¬ pervious, may be collefted from the hiftory of a cafe reported by Mr Cowper. In a married woman, twenty years of age, whofe hymen was found altogether imper¬ vious, fo as to detain the menfes, and to be driven out by the preffure thereof beyond the labia of the puden¬ dum, not unlike a prolapfus of the uterus j on divid¬ ing it, at leaft a gallon of grumous blood came forth. It feems the hufband, being denied a paffage that way, had found another through the meatus urinarius; which .. as found very open, and its fides extended like the anus of a cock. Upon a rupture of the hymen, after the confumma- tion of marriage, and efpecxally delivery, its parts, I 2 ] H Y O fhrinking up, are fuppofed to form thofe little fleffiy Hymen knots, called CAR UNCULJE myrtifortnes. II HYMEN ALA, the Bastard Locust Tree j a genus of plants, belonging to the decandria clafs ; and in the natural method ranking under the 33d order, Lomentacece. See Botany Index. HYMENALAL, fomething belonging to marriage j fo called from Hymen. HYMENOPTERA (derived from membrane, and Trhgoy, wing'), in the Linnsean fyliem of natural hiftory, is an order of infedls, having four membrana¬ ceous wings, and the tails of the females are furniffied with flings, which in fome are ufed for inftilling poi- fon, and in others for merely piercing the bark and leaves of trees, and the bodies of other animals, in which they depofit their eggs. See Entomology Index. HYMETTUS, in Ancient Geography, a mountain of Attica near Athens, famous for its marble quarries, and for its excellent honey. Hymettius the epithet. Pliny fays that the orator Craffus was the firft who had marble columns from this place. HYMN, a fong or ode in honour of God $ or a poem, proper to be fung, compofed in honour of fome deity.—The word is Greek, i^yes, hymn, formed of the verb celebro, “ I celebrate.”—Iliodore, on this wrord, remarks, that hymn is properly a fong of joy, full of the praifes of God j by which, according to him, it is diftinguiffied from threna, which is a mourning fong, full of lamentation. St Hilary, biffiop of Poi&iers, is faid to have been the firft that compofed hymns to be fung in churches, and was followed by St Ambrofe. Moft of thofe in the Roman Breviary were compofed by Prudentius. They have been tranllated into French verfe by Mef- fieurs de Port Royal.—In the Greek Liturgy there are four kinds of hymns $ but the word is not taken in the fenfe of a praife offered in verfe, but Amply of a laud or praife. The angelic hymn, or Gloria in exceljis, makes the firft kind j the trifagion the fecond $ the Cherubic hymn, the third j and the hymn of viBory and triumph, called wwxwj, the laft. The hymns or odes of the ancients generally con- fifted of three forts of ftanzas j one of w'hich, called Jlrophe, w as fung by the band as they w alked from eaft to weft, j another, called antiflrophe, w as performed as they returned from weft to eaft 5 the third part, or epode, was fung before the altar. The Jewiffi hymns were ac¬ companied with trumpets, drums, and cymbals, toaffift the voices of the Levites and people. HYOBANCHE, a genus of plants belonging to the didynamia clafs. See Botany Index. HYOIDES, in Anatomy, a bone placed at the root of the tongue. See Anatomy, N° 28. HYOSCYAMUS, Henbane j a genus of plants belonging to the pentandria clafs, and in the natural method ranking under the 28th order, Luridee. See Botany and Materia Medica Index. * HYOSERIS, a genus of plants belonging to the fyngenefia clafs, and in the natural method ranking under the 49th order, Compojitce. See Botany Indtx. HYO-THYROIDES, in Anatomy, one of the mufcles belonging to the os fryokles. See Anatomy, Table of the Mufcles, HYPALLAGE, HYP [ 13 1 HYP Hypai’age HYPALLAGE, among grammarians, a fpeues of 1! hyperbaton, confitfing in a mutual permutation of one t Hypatia. c^pe for another. Thus Virgil fays, Dare clajjibus auf- ' tros, for dare c/ajfes aujlris ; and again, Nec dum illis labra admovi, for nec dum ilia labris admovi. HYPANTE, or Hyperpante, a name given by the Greeks to the featl of the prefentation of Jefus in the temple.—This word, which hgnifies lowly or humble meeting, was given to this feaft from the meeting of old Simeon and Anna the prophetefs in the temple when Jefus was brought thither. HYPATIA, a learned and beautiful lady of anti¬ quity, the daughter of Theon a celebrated philofopher and mathematician, and prefident of the famous Alex¬ andrian fchool, was born at Alexandria about the end of the fourth century. Her father, encouraged by her extraordinary genius, had her not only educated in all the ordinary qualifications of her fex, but inftrudled in the moll abilrufe fcienees. She made fuch great pro- grefs in philofophy, geometry, aftronomy, and the ma¬ thematics, that Ihe paffed for the moft learned perfon of her time. At length Ihe was thought worthy to fucceed her father in that diftinguithed and important employment, the government of the fchool of Alexan¬ dria j and to teach out of that chair where Ammonius, Hi erodes, and many other great men, had taught be¬ fore j and this at a time too when men of great learn¬ ing abounded both at Alexandria and in many other parts of the Roman empire. Her fame was fo exten- live, and her worth fo univerfally acknowledged, that we cannot wonder if fire had a crowded auditory. “ She explained to her hearers (fays Socrates) the le- veral fciences that go under the general name of phi¬ lofophy ; for which reafon there was a confluence to her from all parts of thofe who made philolophy their delight and ftudy.” One cannot reprefent to himfelf, without pleafure, the flower of all the youth of Europe, Alia, and Africa, fitting at the feet of a very beauti¬ ful lady (for fuch we are aflured Hypatia was), all greedily fwallowing inftru&ion from her mouth, and many of them, doubtlefs, love from her eyes •, though we are not fure that fhe ever liftened to any felicita¬ tions, fince Suidas, who talks of her marriage with Ifiodorus, yet relates at the fame time that fhe died a maid. Her fcholars were as eminent as they were nume¬ rous j one of whom was the celebrated Synefius, who was afterwards bifhop of Ptolemais. This ancient Ghriftian Platonift everywhere bears the ilrongeft, as well as the moft grateful teftimony of the virtue of his tutorefs; and never mentions her without the moft profound refpeft, and fometimes in terms of affeftlon coming little Ihort of adoration. But it was not Sy¬ nefius only, and the difciplesof the Alexandrian fchool, who admired Hypatia for her virtue and learning : never tvas woman more carefled by the public, and yet never woman had a more unfpotted chara&er. She was held as an oracle for her wifdom, which made her confulted by the magiftrates in all important cafes j and this frequently drew her amongft the greateft con- courfe of men, without the leaft cenfure of her manners. In a word, when Nicephorus intended to pafs the higheft compliment on the princefs Eudocia, he thought he could not do it better than by calling her another Hypatia* While Hypatia thus reigned the brighteft orna- Hypatia merit of Alexandria, Oreftes was governor of the fame H place for the emperor Theodofius, and Cyril was bi- a* ftiop or patriarch. Oreftes having had a liberal edu- -- < cation, could not but admire Hypatia •, and as a wife governor frequently confulted her. This, together with an averfion w'hich Cyril had againft Oreftes, proved fatal to the lady. About 500 monks affem- bling, attacked the governor one day, and would have killed him, had he not been refcued by the townfmenj and the refpeft which Oreftes had for Hypatia cauf- ing her to be traduced among the Chriftian multitude, they dragged her from her chair, tore her in pieces, and burned her limbs. Cyril is not clear from a fuf- picion of fomenting this tragedy. Cave indeed en¬ deavours to remove the imputation of fuch an horrid a&ion from the patriarch j and lays it upon the Alex¬ andrian mob in general, w hom he calls levijjimum ho- tninum genus; “ a very trifling inconftant people.” But though Cyril (hould be allowed neither to have been the perpetrator, nor even the contriver of it, yet it is much to be fufpedted that he did not difcoun- tenance it in the manner he ought to have done ^ W'hich fufpicion muft needs be greatly confirmed by reflefting, that he was fo far from blaming the out¬ rage committed by the monks upon Oreftes, that he afterwards received the dead body of Ammonius, one of the moft forward in that outrage, who had grie- voufty w'ounded the governor, and who was juftly pu- nifiied with death. Upon this riotous ruffian Cyril made a panegyric in the church where he was laid, in wffiich he extolled his courage and conftancy, as one that had contended for the truth 5 and changing his name to Thaumajius, or “ the Admirable,” order¬ ed him to be confidered as a martyr. “ However, (continues Socrates), the wifeft part of Chriftians did not approve the zeal which Cyril ffiowed on this man’s behalf, being convinced that Ammonius had juftly fuffered for his defperate attempt.” HYPECOUM, Wild Cumin, a genus of plants belonging to the tetrandria clafs \ and in the natural method ranking under the 24th order, Corydaies. See Botany Index. HYPER, a Greek prepofition frequently ufed in compofition, where it denotes excefs j its literal figni- fication being above or beyond. HYPERBATON, in Grammar, a figurative con- ftruftion inverting the natural and' proper order of words and fentences. The feveral fpecies of the hyper¬ baton are, the anaftrophe, the hyfteron-proteron, the hypallage, fynchyfis, tmefis, parenthefis, and the hyper¬ baton ftriffly fo called. See Anastrophe, &c. Hyperbaton, ftri&ly fo called, is along retention of the verb which completes the fentence, as in the following example from Virgil: Interea Reges : ingenti mole Lalinus d^uadrijugo vehitur curru, cui tempora circum Aurati bis Jex radii fulgentia cingunt, Solis avifpecimen: bigis it Turnus in a Ibis, Bina monu lato crifpans hajlilia ferro : Hinc Rater dEneas, Romance Jlirpis origo, Sidereo Jiagrans clypeo et calejlibus armis ; Et juxta Afcanius, magna- fpcs altera Romce : Procedunt cajlris. \ HYPERBOLA*, HYP [ Hyperbola, HYPERBOLA, a curve formed by cutting a . ^er 0 L’ cone in a direction parallel to its axis. See Conic Sections. HYPERBOLA Deficient, is a curve having only one afymptote, though two hyperbolic legs running out infinitely by the fide of the afymptote, but contrary ways. HYPERBOLE, in Rhetoric, a figure, whereby the truth and reality of things are exceffively either enlar¬ ged or diminifhed. See Oratory, N° 58. An object uncommon with refpe£t to fize, either very great of its kind or very little, ftrikes us with furprife $ and this emotion forces upon the mind a mo¬ mentary conviction that the objedt is greater or lefs than it is in reality : the fame effeCt precifely attends figurative grandeur or littlenefs j and hence the hy¬ perbole, which exprefles this momentary conviction, A writer, taking advantage of this natural delufion, enriches his defeription greatly by the hyperbole : and the reader, even in his cooleft moments, relifhes this figure, being fenfible that it is the operation of nature upon a warm fancy. It cannot have efcaped obfervation that a writer is generally more fuccefsful in magnifying by a hyperbole than in diminifhing. The reafon is, that a minute ob- jeCt contracts the mind, and fetters its powers of ima¬ gination ; but that the mind, dilated and inflamed with a grand objeCt, moulds objeCts for its gratification with great facility. Longinus, with refpeCt to a di¬ minifhing hyperbole, cites the following ludicrous thought from a comic poet : “ He was owner of a bit of ground not larger than a Lacedaemonian letter.” But, for thereafbn now given, the hyperbole has by far the greater force in magnifying objeCts 5 of which take the following example : _ Lor all the land which thou feefl:, to thee will I give it, and to thy feed for ever. And I will make thy feed as the dull of the earth : fo that if a man can number the dull of the earth, then fhall thy feed alfo be numbered. Gen. xiii. 15, 16. Ula vel intacics fegetis per fumma volaret Gramina, nec teneras curfu Iceffet arifas. JEneid, vii. 808. ‘Atque imo harathn ter gurgite vafos Sorbet in abruptum fiidius, rurfjfque fub auras Erigit alternos, et Jidsra verberat unda. JEneid, iii. 421. Homfcis juxta tonat JEtna minis, Interdumque atram prorumpit ad aether a nubem. Turbine fumantem piceo et candente favilla : Attollitque globos fammarum, et fdera lambit. JEneid, iii. yyix. Speaking of Polyphemus, — Ipfe arduus, altaque pulfat Sidera. JEneid, iii. 619. When he fpeaks, The air, a charter’d libertine, is ftill. Henry V. aCl i. fc. 1. Now fliield with fhield, with helmet helmet clos’d, To armour armour, lance to lance oppos’d, 4 4 ] HYP Kofi again!! hofl with fhadowy fquajlrons drew The founding darts in iron tempefls flew, ViClors and vanquifh’d join promifeuous cries, And fhrilling fhouts and dying groans arife ; With flreaming blood the flipp’ry fields are dy’d. And flaughter’d heroes fwell the dreadful tide, ’ Iliad, iv. 508. Quintilian is fenfible that this figure is natural : “ For. OP he), not contented with truth, we natu¬ rally incline to augment or diminifh beyond it; and for that reafon the hyperbole is familiar even among the vulgar and illiterate j” and he adds, very juflly, “ That the hyperbole is then proper, when the objeCl of itfelf exceeds the common meafure.” From thefe premifes, one would not expeft the following infe¬ rence, the only reafon he can find for juftifying this figure of fpeech, Conceditur enim amplius dicere, quia diet quantum ef, non potef: mehufque ultra quam citra fat oralio” (We are indulged to fay more than enough, becaufe we cannot fay enough j and it is bet¬ ter to be above than under). In the name of wonder, why this flight and childifh reafoning, when immediate¬ ly before he had obferved, that the hyperbole is found¬ ed on human nature ? We could not refill this perfonal ftroke of criticifm ; intended not again!! our author, for no human creature is exempt from error j but a- gainf! the blind veneration that is paid to the ancient claflic writers, without diftinguifhing their blemiflies from their beauties. Having examined the nature of this figure, and the principle on which it is ereCled, let us proceed to the rules by which it ought to be governed. And, in the firfl place, it is a capital fault to introduce an hy¬ perbole in the defeription of an ordinary objeCl or event ; for in fuch a cafe, it is altogether unnatural, being deflitute of furprife, its only foundation. Take the ^following inflance, where the fubjeCl is extremely familiar, viz. fwimming to gain the fliore after a fhip- wreck. I faw him beat the furges under him, And ride upon their backs : he trode the water j Whofe enmity he flung alide, and breailed The furge moll fwoln that met him : his bold head ’Bove the contentious xvaves he kept, and oar’d Himfelf with his good arms, in lufty ftrokes To ‘(k? f)ore, that o’er his wave-born balls bow’d, As Hooping to relieve him. Tempeft, aCl ii. fc. 1. In the next place, it may be gathered from what is faid, that an hyperbole can never fuit the tone of any difpiriting paflion: forrow in particular will never prompt fuch a figure ; and for that reafon the follow¬ ing hyperboles mull be condemned as unnatural: K. Rich. Aumerle, thou weep’fl, my tender¬ hearted coufin ! We’ll make foul weather with defpifed tears; Our fighs, and they, fhall lodge the fummer-corn, And make a dearth in this revolving land. Richard II. aCl iii. fc. 6. Draw them to Tyber’s bank, and weep your tears Into the channel, till the lovrefl flream Do kifs the moll exalted fhore of all. Julius Cctfar, aCl i. fc. 1. Thirdly, HYP [ i Hyperbole. Thirdly, A writer, if he \vi(h to fueceed, ought al- -W’-’-y—ways to have the reader in his eye : he ought, in par¬ ticular, never to venture a bold thought or expreffion, till the reader be warmed and prepared. For this rea- fon, an hyperbole in the beginning of a work can never be in its place. Example : Jam pauca aratro jugera regies Moles relinquent, ' Horat. Cann. lib. ii. ode I j". In the fourth place. The niceft point of all is, to afeertain the natural limits of an hyperbole, beyond which being overftrained, it has a bad effeft. Longi¬ nus (chap, iii.), with great propriety of thought, en¬ ters a caveat againft an hyperbole of this kind: he compares it to a bow-ftring, which relaxes by over- ftraining, and produceth an effefl dire&ly oppofite to what is intended. To afeertain any precife boundary, would be difficult, if not imprafticable. We (hall therefore only give a fpecimen of what may be rec¬ koned overftrained hyperboles. No fault is more common among writers of inferior rank $ and inftan- ces are found even among thofe of the fineft tafte ; witnefs the following hyperbole, too bold even for an Hotfpur. Hotfpur talking of Mortimer : In ftngle oppofition hand to hand, He did confound the belt part of an hour In changing hardiment with great Glendower. Three times they breath’d, and three times did they drink, Upon agreement, of fwift Severn’s flood ; Who then affrighted with their bloody looks, Ran fearfully among the trembling reeds, And hid his crifp’d head in the hollow bank, Blood-ftained with thefe valiant combatants. Firjl Fart Henry IV. aft i. fc. 4. Speaking of Henry V. England ne’er had a King until this time. Virtue he had, deferving to command : His brandifti’d fword did blind men with its beams : His arms fpread wider than a dragon’s wings : His fparkling eyes, replete with awful fire, IVIore dazzled, and drove back his enemies, J han mid-day fun fierce bent againft their faces. What Ihould I fay ? his deeds exceed all fpeech. He never lilted up his hand, but conquer’d. Firfi Part Flenry Vf, a£t i. fc. 1. Laftly, an hyperbole, after it is introduced with all advantages, ought to be comprehended within the few- ett words poftible : as it cannot be relifhed but in the hurry aiffi fuelling of the mind, a leifurely view dif- folves the charm, and difeovers the defeription to be ex ravagant at leaft, and perhaps alfo ridiculous. This fault is palpable in a fonnet which paffeth for one of the moft complete in the French language : Phillis, in a long and florid defection, is made as far to outffiine the tun as he outfhmes the liars : Le.Jt/ence regnoitfur la terre etfur I'onde L air devenoit ferrain et FOlitnp vermeil ’ ^ ■ynonreux Zephir off an, hi du fomeiL Fejfufcitoit lesfeurs d'une haleine feconde. 5 ] HYP L'Aurore deployoit For defa trejfe blonde^ Et femoit de rubis le chemin du foleil; Enfin ce Dieu venoit au plus grand appareil Vfdil foil jamais venu pour eclairer le monde : b^jjand la jeune Phillis au vifage riant) Sortant de fon palais plus clair que Porient, Fit voir une lumiere et plus vive et plus belle , Sucre Flambeau du jour, den foie% point jaloux% Vous parities alors aujji peu devant elle, djae lesfettx de la nuit avoient fait devant vous. Malleville. There is in Chaucer a thought exprelfed in a Angle line, which fets a young beauty in a more advanta¬ geous light than the whole of this much laboured poem : Hyperbcle- II Hypercri¬ tic. Up rofe the fun, and up rofe Emelie, HYPERBOREAN, in the Ancient Geography. The ancients denominated thofe people and places Hyperborean which were to the northward of the Scy- dhians. 1 hey had but very little acquaintance with thefe Hyperborean regions and all they tell us of them is very precarious, much of it falfe. Diodorus Siculus fays, the Hyperboreans were thus called by reafon they dwelt beyond the wind Boreas j t^, fig-\ nifying, “ above or beyond,” and Boreas, the “ north wind.” I his etymology is very natural and plaufible j notwithftanding all that Rudbeek has faid againft it, who would have the word to be Gothic, and to fignify nobility. Herodotus doubts whether or not there were any fuch nations as the Hyper¬ borean. Strabo, who profeffes that he believes there are, does not take hyperborean to fignify beyond Boreas or the north, as Herodotus underftood it : the prepo- fition vjreg, in this cafe, he fuppofes only to help to form a fuperlative; fo that hyperborean, on his prin¬ ciples, means no more than mof northern; by which it appears the ancients fcarce.knew themfelves what the name meant.—Moft of our modern geographers, as Hoffman, Cellarius, See. have placed the Hyperboreans in the northern parts of the European continent, among the Siberians and Samoieds : according to them, the Hyperboreans of the ancients were thofe in general \ who lived fartheft to the north. The Hyperboreans of our days are thofe Ruffians who inhabit between the Volga and the White fea. According to Cluvier, the name Celtes was fynonymous with that of Hyper¬ boreans. . HYPERCATALECTIC, in the Greek and La¬ tin poetry, is applied to a verfe that has one or two fylfables too much, or beyond the regular and juft mea- fure •) as, Mufeforores funt Minervce :. Alfo,. Mufe forores Palladis lugent. HYPERCRITIC, an over-rigid cenfor or critic : one who will let nothing pafs, but animadverts fel verely on the flighteft fault. See Criticism. The word is compounded of fuper, “ over, above, be¬ yond and of xfoK, judex, of judwo, ” I judge,” HYPERDULIA * * HYP [if Hyperdulia HYPERDULIA, in the Romifh theology, is the H worth ip rendered to the holy virgin. Ihe word is K) pobole £[.reej^ compofed of V7re(>, above, and ^vAswe, vjorfbip, Jervice. The worfhip offered to faints is call¬ ed dulia; and that to the mother of God, hyperdulia, as being fuperior to the former. HYPER! A, in Ancient Geography, the feat of the Phseacians near the Cyclops, (Homer) : fome commen¬ tators take it to be Camarina in Sicily \ but, according to others, it is fuppofed to be an adjoining ifland, which they take to be Melita, lying in light of Sicily. And this feems to be confirmed by Apollonius Rhodius. Whence the Phteacians afterwards removed to Corcyra, called Scheria, Pheeacia, and Maoris ; having been ex¬ pelled by the Phoenicians, who fettled in Melita for commerce, and for commodious harbours, before the war of Troy, (Diodorus Siculus). HYPERICUM, St John’s Wort, a genus of plants oelonging to the polyadelphia clafs, and in the natural method ranking under the 20th order, Rotaccce. See Botany I"dex. HYPERIDES, an orator of Greece, was the dif- ciple of Plato and Ifocrates, and governed the republic of Athens. He defended with great zeal and courage the liberties of Greece •, but was put to death by An¬ tipater’s order, 322 B. C. He compofed many ora¬ tions, of which only one now remains. He was one of the ten celebrated Greek orators. HYPERMNESTRA, in fabulous hiftory, one of the fifty daughters of Danaus king of Argos. She alone refufed to obey the cruel order Danaus had given to all his daughters, to murder their hufbands the firfl night of their marriage and herefore laved the life of Lynceus, after fire had made him promife not to violate her virginity. Danaus, enraged at her difobe- dience, confined her clofely in prifon, whence Lynceus delivered her fome time after. HYPERSARCOSIS, in Medicine and Surgery, an excefs of flelli, or rather a flethy excrefcence, fuch as thofe generally rifing upon the lips of wounds, &c. HYPHEN, an accent or charafter in grammar, implying that two words are to be joined, or connefted into one compound word, and marked thus - j as pre- ejlabiifhed, jive-leaved, &e. Hyphens alfo ferve to connect the fyllables of fuch words as are divided by the end of the line. HYPNOTIC, in the Materia Medico, fuch medi¬ cines as any way produce fleep, whether called narco¬ tics, hi/pnotic , opiates, ox foporijics. HYPNOTIC US serpens, the Sleep-fnahe, in Zoo- logy, the name of an Eail 'ndian fpecies of ferpent, called by the Ceylonefe nintipolong, a word importing the fame fenfe. It is of a ds-ep blackifh brown, varie¬ gated with fpots of white, and is a very fatal kind in its poifon : its bite it is faid brings on a fleep which ends in death j hence this trivial name. HYPNUM, Feather-moss, a genus of plants of the naiural order of mufci, belonging to the cryptoga- mia clafs. See Botany Index. HYPO, a Greek particle, retained in the compofi- tion of divers words borrowed from that language •, li¬ terally denoting under, beneath—In which fenfe it Rands opposed to iersg, fuprc., “ above.” HYPOBOLE, or Subjection, (from vjt#, and fcxhhu, 1 cajl), in Rhetoric, a figure, fo called, when ] HYP feveral things are mentioned, that feem to make for Hypofeole the contrary fide, and each of them refuted in order. ^ . This figure, when complete, confifts of three parts j a frium. " propofition, an enumeration of particulars with their ——y—< anfwer, and a conclufion. Thus Cicero, upon his re¬ turn from banifhment, vindicates his conduid in with¬ drawing fo quietly, and not oppofing the faffion that ejefted him. See ORATORY, N° 81, HYPOCATH ARSIS (compounded of V7r«, under, and 1 purge), in Medicine, a too faint or feeble purgation. HYPOCAUSTUM, among the Greeks and Ro¬ mans, a fubterraneous place, W'here was a furnace to heat the baths. The word is Greek, formed of the prepofition 1™, under; and the verb to burn.— Another fort of hypocauftum was a kind of kiln to heat their winter parlours. The remains of a Roman hypocaultum, or fweating-room, were difcovered un¬ der ground at Lincoln in 1739. We have an account of thefe remains in the Philotophical 1 rani act ions, N°46i § 29.— Among the moderns, the hypocauilum is that place where the fire is kept which warms a ftove or hot-houfe. HYPOCHiERIS, Hawk’s-EYE, a genus of plants belonging to the fyngenefia clafs, and in the natural method ranking under the 49th order, Cotnpojitce. See Botany Index. HYPOCHONDRIA, in Anatomy, a fpaceoneach fide the epigaftric region, or upper part of the abdo¬ men. See Anatomy, N° 88. HYPOCHONDRIAC passion, a difeafe in men, fimilar to the hyfteric affe&ion in women. See Medi¬ cine Index. HYPOCISTIS, in the Materia Medico, an infpif- fated juice obtained from the feflile afaium, much re- fembling the true Egyptian acacia. They gather the fruit w'hile unripe, and exprefs the juice, which they evaporate over a very gentle fire, to the confiftence of an extraft, and then form into cakes, and ex- poie them to the fun to dry. It is an aftringent of confiderable power ; is good again!! diarrhoeas and ha;morrhagies of all kindsand may be uled in repellent gargarifms in the manner of the true aca¬ cia *, but it is very rarely met with genuine in our {hops, the German acacia being ufually fold under its name. HYPOCRISY, vvoxgaris, in Ethics, denotes diflimu- lation with regard to the moral or religious charabler. In other words, it iignifies one who feigns to be what he is not; and is generally applied to thofe who afiume the appearances of virtue or religion, without having any thing in reality of either. HYPOGj^EUM, vTToyxm, formed of tro, under, and earth, in the ancient architecture, is a name com¬ mon to all the parts of a building that are under ground 5 as the cellar, butteries, and the like places. The term hypogeeum was ufed by the Greeks and Ro¬ mans for fubterraneous tombs in which they buried their dead. HYPOGiEUM, vTrtyotiM, in AJlrology, is a name given to the celeitial houfes which are below the horizon : and efpecially the imum cceli, or bottom of heaven. • HYPOGASTRIC, an appellation given to the in¬ ternal branch of the iliac artery. HYPOGASTRIUM, in Anatomy, the middle part of 'HYP [ i Hypogaf- of the lower region of the belly. See Anatomy, trium 88. II HYPOGLOSSI EXTERN!, or majores, in Ana- . y . T .. ' tomy, the ninth pair of nerves, called alfo linguales and gujiatorii. See Anatomy. HYPOGLOTTIS, or Hypoglossis, (compofedof under, and yXuTlx., tongue'), in Anatomy, is a name given to two glands of the tongue. There are four large glands of the tongue j two of them called hypo- glottides, fituated under it, near the venae ranulares: one on each fide of the tongue. They ferve to fecrete a kind of ferous matter of the nature of faliva, which is difcharged into the mouth by little du6ts near the gum?. HYPOGLOTTIS, or Hypoglojjis, in Medicine, denotes an inflammation or ulceration under the tongue 5 called alfo ranula. HYPOPYON, in Medicine, a colleflion of purulent matter under the corner of the eye. HYPOSCENIUM, in antiquity, a partition under the pulpit or logeum of the Greek theatre, appointed for the mufic. HYPOSTASIS, a Greek term, literally fignifying fubftance, or fubjijience ; ufed in theology for perfon.— The word is Greek, ; compounded of \nrt>,fub, “ under p’ and irrifu, Jlo, exijlo ; “ I Hand, I exili p’ q. d. fub JiJIentia. Thus we hold, that there is but one nature or elfence in God, but three hypofiafes or perfon?. The term hipojlajis is of a very ancient Handing in the church. St Cyril repeats it feveral times, as alfo the phrafe union according to hypojlafts. The fir ft time it occurs is in a letter from that father to Neftorius, where he ufes it inftead of Tr^oraTrov, the word we com¬ monly render perfon, which did not feem expreffive enough. “ The philofophers (fays St Cyril) have allowed three hypqftafes : They have extended the Di¬ vinity to three hypojlafes : They have even fometimes uled the word trinity : And nothing was wanting but to have admitted the confubftantiality of the three /iy- pofafes, to (how the unity of the divine nature, exclu- five of all triplicity in refpeft of diftindlion of nature, and not to hold it neceflary to conceive any refpedlive inferiority of hypojiafesy This term occafioned great diflenfions in the ancient church; firft among the Greeks, and afterwards alfo among the Latins. In the council of Nice, hypojiajis was defined to denote the fame with effence or fubjiance ; fo that it was herefy to fay that Jefus Chrift was of a different hypojiajis from the Father; but cuftom altered Its meaning. In the necefiity they were under of ex- prefling themfelves ftrongly againlt the Sabellians, the Greeks made choice of the word hypojiajis, and the .Latins of perfona; which change proved the occafion of endlefs difagreement, 1 he phrafe rgof ItTrorctirus, ufed by the Greeks, fcandalized the Latins, whofe ufual way of rendering lirorcto-is in their language was by fuhjlantia. I he barrennefs of the Latin tongue in theological phrafes, allowed them but one word for the two Greek ones, and ; and thus dif- abled them from diftinguifhing effence from hypojlcfs. 1'or which reafon they chofe rather to ufe the term tres perfume, and tres hypojlafes.—An end was put to logomachias, in a fynod held at Alexandria about the VOL. XL Part I. 7 ] HYP year 362, at which St Athanafius affifted; from which HypoftafiS time the Latins made no great fcruple of faying tres H hypojlafes, nor the Greeks of three perfons. ypot e 15. HYPOTHEC A, in the Civil Law, an obligation, whereby the effedls of a debtor are made over to his creditor, to fecure his debt. The word comes from the Greek vitedw-v, a thing fubjeB to fame obligation ; of the verb bTsfldnpcu, fuppono, “ I am reje£fedof otto, under, and nfaui, pono, “ I put.” As the hypotheca is an engagement procured on pur- pofe for the fecurity of the creditor, various means have been made ufe of to fecure to him the benefit of the convention. The ufe of the pawn or pledge is the moft ancient, which is almoft the fame thing with the hypotheca; all the difference confifting in this, that the pledge is put into the creditor’s hands ; whereas, in a fimple hypotheca, the thing remained in the poffeflion of the debtor. It was found more eafy and commo¬ dious to engage an eftate by a civil covenant than by an adtual delivery : accordingly the expedient wa- nrfi: pradtifed among the Romans; and from them the Ro¬ mans borrowed both the name and the thing: only the Greeks, the better to prevent frauds, ufed to fix fome vilibie mark on the thing, that the public might know it was hypothecate or mortgaged by the proprietor ; but the Romans, looking on fuch advertifements as in¬ jurious to the debtor, forbade the ufe of them. The Roman lawyers diftinguilhed four kinds of hy- pothecas : the conventional, which wras with the will and confent of both parties; the legal, which was ap¬ pointed by law, and for that reafon called tacit; the praetor’s pledge, when by the flight or non-appearing of the debtor, the creditor was put in pofieffion ef his effedls; and the judiciary, when the creditor was put in poffeflion by virtue of a fentence of the court. The conventional hypotheca is fubdivided* into gene¬ ral and fpecial. The hypotheca is general, when all the debtor’s effedfts, both prefent and future, are en¬ gaged to the creditor. It is fpecial, when limited to one or more particular things. For the tacit hypotheca, the civilians reckon no lefs than twenty-fix different fpecies thereof. HYPOTHENUSE, in Geometry, the longeft fide of a right-angled triangle, or that which fubtends the right angle. HYPOTHESIS, (formed of Ive, “ under,” and poftio, of n6tifu, pono, “ I put”), is a propofition or principle which we fuppofe, or take for granted, in order to draw' conclufions for the proof of a point in. queftion. In deputation, they frequently make falfe hypothe- fes, in order to draw their antagonifts into abfurdities; and even in geometry truths are often deducible from fuch falfe hypothefts. Every conditional or hypothetical propofition may¬ be diftinguilhed into hypothefis and thefis : the firft rehearfes the conditions under which any thing is af¬ firmed or denied ; and the latter is the thing itfelf af¬ firmed or denied. Thus, in the propofition, a triangle is half of a parallelogram, if the bafes and altitudes of the two be equal; the latter part is the hypothefis, “ if the bafes,” otc. and the former a thefis, “ a triangle is half a parallelogram.” In ftridl logic, we are never to pafs from the hypo- C thefis HYP [ i Hypothefxs thells to the thefis ; that is, the principle fuppofed H muft be proved to be true, before we require the con- chehoru" fe(]uence t0 I36 allowed. i—-y—— Hypothesis, in Phyfics, &c. denotes a kind of fyftem laid down from our own imagination, whereby to account for fome phenomenon or appearance of nature. Thus we have hypothefes to account for the tides, for gravity, for magnetifm, for the de¬ luge, &c. The real and fcientific caufes of natural things ge¬ nerally lie very deep : obfervation and experiment, the proper means of arriving at them, are in moft cafes ex¬ tremely flow, and the human mind is very impatient: hence we are frequently driven to feign or invent fome- thiiig that may feem like the caufe, and which is cal¬ culated to anfwer the feveral phenomena, fo that it may poflibly be the true caufe. Philofophers are divided as to the ufe of fuch fiflsons or hypothefes, which are much lefs current now than they were formerly. The lateft and beft writers are for excluding hypothefes, and ftanding wholly on ob¬ fervation and experiment. Whatever is not deduced from phenomena, fays Sir Ifaac Newton, is an hypo- thelis} and hypothefes, whether metaphyfical, or phy- fical, or mechanical, or of occult qualities, have no place in experimental philofophy. The Cartefians take upon them to fuppofe what af- feftions in the primary particles of matter they pleafe 5 juft what figures, what magnitudes, vdiat motions, and what fituations, they find for their purpofe. '1 hey alfo feign certain unfeen, unknown fluids, and endue them with the moft arbitrary properties j give them a fubtility which enables them to pervade the pores of all bodies, and make them agitated with the moft un¬ accountable motions. But is not this to fet afide the real conftitution of things, and to fubftitute dreams in their place ? Truth is fcarce attainable even by the fureft obfervations j and will fanciful conjeftures ever come at it ? They who found their fpeculations on hy¬ pothefes, even though they argue from them regularly, according to the ftrifteft laws of mechanics, may be faid to compofe an elegant and artful fable } but it is ftill only a fable. Hypothesis is more particularly applied in aftro- nomy to the feveral fyftems of the heavens ; or the different ways in which different aftronomers have fuppofed the heavenly bodies to be ranged, mov¬ ed, &c. The principal hypothefes are the Ptolemaic, Coper- nican, and Tychonic. The Copernican is now become fo current, and is fo well warranted by obfervation, that the retainers thereto hold it injurious to call it an hypothejis. See Astronomy. HYPOTIPOSIS. See Oratory, N° 91. HYPOTR ACHELION, in Architetfure, is ufed for a little frieze in theTufcan and Doric capital, between the aftragal and annulets j called alfo the co/ena and 8 ] H Y S gorgerin. The w-ord is applied by fome authors in a more general fenfe, to the neck of any column, or that part of its capital below the aftragal. HYPOXiS, a genus of plants belonging to the hex- andria clafs, and in the natural method ranking under the 10th order, Coronaruv. See Botany Index. HYPSISTARH, (formed from v^iro;, “ higheft),” a fe£t of heretics in the fourth century 5 thus called from the profeflion they made of worihipping the moft high God. The doftrine of the Hypfiftarians w^as an affemblage of Paganifm, Judaifm, and Chriftianity. They adored the moft high God with the Chriftians ; but they alfo revered fire and lamps with the heathens; andobferved the fabbath, and the diftinflion of clean and unclean Hypotra- chelion II Hyftrix. r—. things with the Jews. The Hypfiftarii bore a n.-ar refemblance to the Eu- chites, or Maffalians. HYRCAN1A, in Ancient Geography, a country of the farther Afia, lying to the fouth-eaft of the Mare Hyrcanum, or Cafpium; with Media on the weft, Par- thia on the fouth, and Margiana on the eaft. Famous for its tygers (Virgil); for its vines, figs, and olives, (Strabo). Hyrcania, in Ancient Geography, a town of Lydia, in the campus Hyrcanus, near Thyatiraj fo called from colonifts brought from Hyrcania, a country lying to the fouth of the Cafpian fea. The people called Hyr- cam Macedones, becaufe a mixed people (Pliny).—An¬ other Hyrcania, the metropolis of the country called Hyrcania. Thought to be the Tape of Strabo, the Syrinx of Polybius, the Zeudracarta of Arrian, and the Afaac of Ifidorus Characenus.—A third, a ftrong place of Judea, built by Hyrcanus. HYSSOP. See Hyssopus. Hedge-HTSSOP. See Grati ola. HYSSOPUS, Hyssop, a genus of plants belonging to the didynamia clafs. See Botany and Materia Medica Index. HYSTERIC AFFECTION, or Pajfion, (formed of vn^ct, “ u'omb”) y a difeafe in women, called alfoyi^- catwn of the womb, and vulgarly fts of the mother. It is a fpafmodico-convulfive affeftion of the nervous fyi- tem, proceeding from the womb} for the lymptoms and cure of which, fee Medicine. HYSTERON proteron, in Grammar and Rhe¬ toric, a fpecies of the hyperbaton, wherein the proper order of conftruftion is fo inverted, that the part of any fentence which ftiould naturally come firft is placed laft : as in this of Terence, Valet et vivit, for vivit et valet; and in the following of Virgil, Monamur, et in media arma ruamus, for In media arma ruamus, et monamur. HYSTRIX, or Porcupine, a genus of quadru¬ peds belonging to the order of glires. See Mammalia Index. I. JAB t J9 ] J A C I I T or /, the ninth letter and third vowel of the al¬ ii * 5 phabet, is pronounced by throwing the breath Jabcih. fuddenly againft the palate, as it comes out of the la¬ rynx with a fmall hollowing of the tongue, and nearly the fame opening of the lips as in pronoun¬ cing a or e. Its found varies : in fome words it is long, as high) mind) &c. •, in others fhort, as bid) hid) Jin, &c. ; in others, again, it is pronounced like y, as in collier, onion, &c. ; and in a few, it founds like ee, as in machine, magazine, &c. No Englith word ends in e being either added to it, or elfe the i turned intoy. But belides the vowel there is the jod confonant; which becaufe of its different pronunciation, has like- wife a different form, thus J, j. In Englifh, it has the foft found of^; nor is it ufed, but when g foft is required before vowels, where g is ufually hard : thus we fay, jack, jet, join, &c. inftead of gack, get, gain, &c. which would be contrary to the genius of the En¬ glifh language. I, ufed as a numeral, fignifies one, and Hands for fo many units as it is repeated times , thus I, one ; II, two •, III, three, &e. 5 and when put before a higher numeral, it fubtrafls itfel£ as IV, four, IX, nine, 8tc. But, when let after it, fo many are added to the higher numeral as there are I’s added : thus VI is 5-f-ij or fix j VII, 5+2, or feven $ VIII, 5-I-3, or eight. The ancient Romans likewife ufed 13 for 500, CID for 1000, 103 for 5000, CCI33 for 10,003. Farther than this, as Pliny obferves, they did not go in their notation ; but when neceffary re¬ peated the laff number, as CCCI333 CCCI333 for 200,000; CCCI333, CCCI333, CCCI333, for 300,000 ; and fo on. The ancients fometimes changed i into u ; decumus for decimus; maxumus for maximus, &c. According to Plato, the vowel i is proper to exprefs delicate but humble things, as in this verfe in Virgil which abounds in Ps, and is generally admired : Slccipiunt inimicum imbrem, rimifque fatifcunt. /, ufed as an abbreviature, is often fubftituted for the whole word Jesus, of which it is the firft letter. JABBOK, a brook on the other fide of the Jordan, the fpring whereof is in the mountains of Gilead. It falls into Jordan pretty near the fea of Tiberias, to the fouth of this fea. Near this brook the patriarch Ja¬ cob wreftled with the angel (Gen. xxxii. 2 2.). The Jabbok feparated the land of the Ammonites from the Gaulanites, and the territories of Og king of Balkan. JABESH, or JABESH-Gilead, was the name of a city in the half tribe of Manaffeh, beyond Jordan. The fcripture calls it generally Jabelh-Gilead, becaufe it lay in Gilead, at the foot of the mountains which go by this name._ Eufebius places it fix miles from Pella, towards Geraia ; and confequently it mull be eaftward of the fea of Tiberias. JABIRU. See Mycteria, Ornithology Index. JABLONSKI, Daniel Ernest, a learned Polilh Proteftant divine, born at Dantzick in 1660. He became fuccefiively minifter of Magdeburg, Liffa, Ko- ninglberg, and Berlin ; and was at length ecclefialtical counfellor, and prefident of the academy of feiehces at jablonda the latter. He took great pains to effeft an union between the Lutherans and Calvinifts ; and wrote fome Jack Daw. works which are in good efteem, particularly Medita- v tions on the origin of the Scriptures, &c. He died in I74I* ' Jablonski, Theodore, counfellor of the court of Pruf* fia, and fecretary of the royal academy of fciences in Berlin, was alfo a man of diftinguithed merit. He lov¬ ed the fciences, and did them honour, without that ambition which is generally feen in men of learning ; it was owing to this modefty that the greateft part of his works wmre publilhed without his name. He pub- lilhed, in 1711, a French and German Dictionary; a Courfe of Morality, in 1713 ; a Dictionary of Arts and Sciences, 1721 ; and tranflated Tacitus de morihus GfrwcflO/v/tfz into High Dutch, in 1724. JABNE, in Ancieiit Geography, a town of Paleftine, near Joppa ; called J amnia or Jamnial, by the Greeks and Romans. In Joftiua xv. it feems to be called Jab~ neel; but in 2 Chron. xxvi. Jabne. It was taken from the Philiftines by Uzziah, who demolilhed its fortifica¬ tions. Its port, called Jamnitarum portus, lay between Joppa and Azotus. JACAMAR. See Alcedo, Ornithology Index. JACCA, an ancient town of Spain, in the .kingdom of Arragon, with a bilhop’s fee, and a fort; feated on a river of the fame name among the mountains of Jac- ca, which are part of the Pyrenees. W. Long. o. 19. N. Lat. 42. 36. JACK, in Mechanics, a well-known inftrument of common ufe for raifing great weights of any‘kind. The common kitchen-jack is a compound engine, where the weight is the power applied to overcome the friCtion of the parts and the weight with which the fpit is charged ; and a fteady and uniform motion is obtain¬ ed by means of the fly. Jack/ in the fea language, a fort of flag or colours, dlfplayed from a malt ereCted on the outer end of a fliip’s bowfprit. In the Britilh navy the jack is no¬ thing more than a fmall union flag, compofed of the interfeCtion of the red and white croffes ; but in mer- chant-flfips this union is bordered with a red field. See the article Union. Jack is ufed alfo for a horfe or wooden frame to faw timber upon ; for an inftrument to pull off a pair of boots ; for a great leathern pitcher to carry drink in ; for a fmall bowl that ferves as a mark at the exercife of bowding ; and for a young pike. Jack-Flag, in a fliip, that which is hoifted up at the fpritfail top-maft head. JACK-Daw, the Englilh name of a fpecies of corvus. See Corvus, Ornithology Index. This bird is very mifchievous to the farmer and gardener ; and is of fuch a thievifh difpofition, that he will carry away much more than he can make ufe of. There is a method of deftroying them by a kind of fpringes much ufed in England ; and is fo ufeful, that it ought to be made univerfal.—A flake of about five feet long is to be driven firmly into the ground, and made fo fall that it cannot move, and fo ftiarp in C 2 the J A C [ 20 ] JAG .Tack-Daw i\c point that the bird cannot fettle upon it. Within ii. a foot of the top there muft be a hole bored through Jacobites, it, of three quarters of an inch diameter ; through this hole is to be put a hick of about eight inches long then a horfe-hair fpringe or noofe is to be made faft to a thin hazel-wand, and this brought up to the place where the fhort flick is placed, and carried with it through the hole, the remainder being left open un¬ der that flick The other end of the hazel rod is to be put through a hole in the flake near the ground, and faftened there. The flake is to be planted among the jack-daw’s food, and he will naturally be led to fettle on it j but finding the point too fharp, he will defcend to the little crofs flick. This will fink with his weight, and the fpringe will receive his leg, and hold him faft. JACK ALL, in Zoology. See Canis, Mammalia Index. JACOB, the fon of Ifaac and Rebekah, was born in the year of the world 2168, before Jefus Chrift 1836. The hiftory of this patriarch is given at large in the book of Genefis. He died in Egypt in the 147th year of his age. Jofeph directed that the body fhould be embalmed, after the manner of the Egyp¬ tians •, and there was a general mourning for him throughout Egypt for feventy days. After this, Jo¬ feph and his brethren, accompanied with the principal men of Egypt, carried him, with the king of Egypt’s permifiion, to the burying-plaee of his fathers near He¬ bron, where his wife Leah had been interred. When they were come into the land of Canaan, they mourned for him again feven days j upon which occafion the place where they ftaid was called Abelmifraim, or the mourning of the Egyptians. Jacob, Ben Hajim, a rabbi famous for the collec¬ tion of the Maforah in 1525 ; together with the text of the bible, the Chaldaic paraphrafe, and Rabbini¬ cal commentaries. Jacob Ben Naphta/i, a famous rabbi of the 5th century : he was one of the principal maflbrets, and bred at the fchool of Tiberias in Paleftine with Ben Afer, another principal mafforet. The invention of points in Hebrew to ferve for vowels, and of accents to facilitate the reading of the language, are afcribed to thefe two rabbies ; and faid to be done in an affembly of the Jews held at Tiberias, A. D. 476. JACOBINE monks, the fame with Dominicans. Jacobines, the name affumed by a party or club at the beginning of the French revolution, compofed of members of the national affembly. This club held its meetings in the hall belonging to the Jacobin friars, from which it derived its name. For an account of the views and influence of the Jacobin club in the French revolution, fee France. JACOBITES, a term of reproach beftowed on the perfons who vindicating the doftrines of paflive obe¬ dience and non-refiftanee with refpeft to the arbitrary proceedings of princes, difavow the revolution in 1688, and affert the fuppofed rights, and adhere to the inter- effs, of the late abdicated King James and his family. Jacobites, in church hiftory, a fe£t of Chriftians in Syria and Mefopotamia 5 fo called, either from Ja¬ cob a Syrian who lived in the reign of the emperor Mauritius, or from one Jacob a monk who flourifked in ihe year 550. Z The Jacobites are of two fe£ls, fome following the Jacobite rites of the Latin church, and others continuing fe- ll parated from the church of Rome. There is alio a diviflon among the latter, who have two rival patri- archs. As to their belief, they hold but one nature in Jefus Chriit j with refpedt to purgatory and prayers for the dead, they are of the fame opinion with the Greeks and other eaftern Chriftians : they comecrate unleavened bread at the eucharitt, and are againit con- feffion, believing that it is not of divine inftitution, J ACOBUS, a gold coin, worth 25 ftiiljings ; fo called from King James I. of England, in whofe reign it was ftruck. See Coin. We ufually dittinguilh two kinds of Jacobus, the old and the new ; the former valued at 25 (hillings, weigh¬ ing fix penny-weights ten grains ; the latter, called alfo Carolus, valued at 23 (hillings, in weight five penny¬ weights twenty grains. JACQUINIA, a genus of plants belonging to the hexandria clafs, and in the natural method ranking with thofe of which the order is doubtful. See Botany Index. JACULATOR, or Shooting-fish. See Cha:- todon, Ichthyology Index. JADDESSES is the name of an inferior order of priefts in Ceylon, who have the care of the chapels appropriated to the genii, who form a third order of gods among thefe idolaters. Thefe priefts are applied to by the people in a time of difeafe or calamity, who- offer a cock on their behalf to appeafe the anger of the dsemons. JADE-stone, or Lapis Nephriticus, a fpecies of Mineral. See Mineralogy Index. JAFFA, an ancient town of Afia in Paleftine, for¬ merly called Jo-lfa. Its former grandeur is now great¬ ly diminiftied. It is fttuated 50 miles north-weft of Jerufalem, while others make it only 27, and 100 from the town of Acre. It was taken by the French under Bonaparte, in February 1799, but afterwards re¬ taken and fortified. E. Long. 35. o. N. Lat. 32. 16. JAFFATEEN islands, the name of four iflands in the Red fea, vifited by Mr Bruce in his travels. They are joined together by fhoals or funk rocks j are crooked or bent like half a bow ; and are dan¬ gerous for (hips in the night-time, becaufe there fee ms to be a paffage between them, to which, while the pi¬ lots are paying attention, they neglect two fmail lunk rocks which lie almoft in the middle of the entrance in deep water. JAFNAPATAN, a fea-port town, feated at the north-eaft end of the ifland of Ceylon in the Eatt In¬ dies. The Dutch took it from the Portuguefe in 16 c8, and have continued in the poffeffion of it fince that time. They export from thence great quantities of tobacco, and fome elephants, which are accounted the moft docile of any in the whole world. E. Long.. 80. 25. N. Lat. 9. 30. J AGENDORF, a town and caftle of Silefia, capi¬ tal of a province of the fame name, feated on the river Oppa. E. Long. 17. 47. N. Lat. 50. 4. JAGGERNAUT, a black pyramidal done wor- fhipped by the Gentoos, who pretend that it fell from heaven, or was miraeuloufly prefented on the place where their temple (lands. There are many other idols of this figure in India j which, however, are all but JAG [ 2 Jaggernaut but accounted copies from the Jaggernaut. According li to the beft information Mr Grole could obtain, this ^agQ- , ftone is meant to reprefent the power prefiding over univerfal generation, which they attribute to the ge¬ nial heat and influence of the fun a&ing in fubordina- tion to it. Domeftic idols of the form of the Jag¬ gernaut, and diflinguiflied by the fame name, are made by the Gentoos. Thefe are niched up in a kiirn of triumphal car, decorated with gilding and tinfel ; which for fome days they keep in the beft apartment jn their houfe. During this time their devotion con- fifts in exhibiting the moft obfeene poftures, and act¬ ing all manner of lafeivioufnefs, in fight as it were of the idol, and as the moft acceptable mode of worfhip to that deity it reprefents after which they carry it in its gilded car in proceflion to the Ganges, and throw in all together as an acknowledgment to that river of its congenial fertilization with that of the fun. For¬ merly this machine was decorated with jewels and other expenfive ornaments ; but the Indians are now become lefs extravagant, as they found that the Moors and Chriftians, watching the places where they threw in their idols, dived for them for the lake of the jewels with which they were adorned. Our author conjectures, that this pyramidal form of the Gentoo idol was originally taken from that of flame, which always inclines to point upwards, brom this Indian deity he fuppofes the fliape of tfle Paphian Venus to have been derived, for which i acitus could not account. This image had nothing of the human form in it, but rofe orbicularly from a broad balls, and in the nature of a race goal tapering tq a narrow con¬ vex a-top ; which is exactly the figure of the idol in In¬ dia, confecrated to fuch an office as that heathen deity was fuppofed to prefide over, and to which, on the bor¬ ders of the Ganges efpecially, the Gentoo virgins are brought to undergo a kind of fuperficial defloration be¬ fore they are prefented to their hufbands. JAGHIR.E, an affignment made in Bengal by an imperial grant upon the revenue of any difirict, to de¬ fray civil or military charges, penfions, gratuities, &c. JAGHIREDER, the holder of a jaghire. JAGO, Richard, an ingenious poet, was vicar of Snitterfield in Warwicklhire, and reftor of Kimcote in Leiceflerfhire. He was the intimate friend and corre- fpondent of Mr Shenftone, contemporary with him at Oxford, and, it is believed, his fchool-fellow 5 was of Univerfity college •, took the. degree of M. A. July 9. 1739 j was author of feveral poems in the 4th and 5th volumes of Dodfley’s Poems *, publilhed a fermon, in 1755, on the Caufes of Impenitence confidered, preach¬ ed May 4. 1755, at Harbury in Warwicklhire, where he was vicar, on occafion of a converfation faid to have palled between one of the inhabitants and an appari¬ tion in the church-yard there •, wrote “ Edge-hill,” a poem, for which he obtained a large fubfeription in 1767 ; and was alfo author of “ Labour and Genius,” 3768, 4to ; of “ The Blackbirds,” a beautiful elegy in the Adventurer; .and of many other ingenious per¬ formances. He died May 28. 1781. St JAGO, a large river of South America, which rifes in the audience of Quito in Peru. It is navigable ; and falls into the South fea, after having watered a fer¬ tile country abounding in cotton-trees, and inhabited by wild Americans. 1 3 JAG St JAGO, the largeft, moft populous, and fertile ofi the Cape Verd illands, on the coaft of Africa, and the refidence of the Portuguefe viceroy. It lies about 13 miles eaftward from the illand of Mayo, and abounds with high barren mountains j but the air, in the rainy feafon, is very unwholefome to ftrangers. Its produce is fugar, cotton, wine, and fome excellent fruits. The animals are black cattle, horfes, afies, deer, goats, hogs, civet-catSj and fome very pretty green monkeys with black faces. Sir George Staunton, in the account which he gives of this ifland obferves, that it is liable to long and ex- ceffive droughts, for which it is perhaps impoffible to af- fign any philofophical caufe. It was in a ftate of abfolute famine at the end of 1792., when vifited by theembafl’y to China, and the waters of the rivers were almoft dried up. The furfaee of the earth was devoid of herbage,, the cattle had nearly all periftied, as much from tbs- want of food as from drought. “ What were the uncommon circumftances (fays Sir George) that took place in the atmofphere of that part- of Africa to which the Cape de Verd illands lie conti¬ guous, or in the vaft expanfe of continent extending to the eaft behind it, and from which this direful effect muft have proceeded (as they happened where no man of feience exifted to obferve or to record them), will remain unknow n, nor is theory bold enough to fupply the place of obfervation. Whatever was the caufe which thus arrefted the bountiful hand of nature, by drawdng away the fcurcesof fertility, it was obfervabie,. that fome few trees and plants preferved their luxuri¬ ance, indicating that they ftill could extradt from the arid earth whatever portion of humidity it was neceffary to derive from thence for the purpofe of vegetable life, though it was denied to others.” Betide palm trees, frequently found verdant amidft burning fands, nothing could be more rich in flavour, or abound more with milky though corrotive juice, than the afclcpiax gigantea, grow ing plentifully without culture, but undifturbed. The phytic nut tree appear¬ ed as if its perpetuity was not to be affedled by any drought. Some fpecies of mimofa, or fenfitive plant, were moft common, and did not appear to languith. But the annual produce of agriculture had almoft wholly difappeared, and the fugar canes had little re- femblance to any thing like vegetation. Yet vegeta¬ tion quickly revived whenever any moifture could be conveyed through the foil. The refidence of the viceroy is reprefented by Sir George as a hamlet, confifting of 100 fmall dwellings, only one ftory high, fcattered nearly a mile in length, and one-third as much in breadth. Not being com¬ manded by any eminence, it was a fituation which ad¬ mitted of defence, yet the fort "was nearly in ruins, and the few guns mounted on it were moftly honey-combed„ Amidft the ruins of St Jago, was found a Portuguefe, to whom one of the party was recommended, by whom they were hofpitably received, and treated with every fpecies of tropical fruits from his garden. St JAGO, a handfome and confiderable town of South America, the capital of Chili, wdth a good harbour, a bifliop’s fee, and a royal audience. It is feated in a large and beautiful plain, abounding wfllh all the ne- ceflaries of life, at the foot of the Cordilleras, on the river Mapocho, which runs- acrofs it from call to weft. Here J A L Jago Here are feveral canals and a dyke, by means of which . , ^ they water the gardens and cool the ftreets.—It is very a e“lUS* much fubjeft to earthquakes. W. Long. 69. 35. S. Lat. 33. 40. St JacO de Cuba, a town in North America, fituated ©n the fouthern coaft of the ifland of Cuba, in the bot¬ tom of a bay, with a good harbour, and on a river of the fame name. W. Long. 76. 44. N. Lat. 20. o. Jago de los Caval/eros, a town of America, and one of the principal of the ifland of Hifpaniola. It is feat- ed on the river Yague, in a fertile foil, but bad air. W. Long. 70. 5. N. Lat. 19. 40. St JAGO del Entero, a town of South America, one of the moil confiderable of Tucuman, and the ufual refidence of the inquifitor of the province. It is feated on a large river, in a flat country, where there is game, tygers, guanacos, commonly called camel- Jheep, &c. JAGO de la Vega, otherwife called Spanifh-toxvn, is the capital of the ifland of Jamaica, in the Weft Indies j and ftands in 1 8° 1' north latitude, and 76° 45' weft longitude. It is about a mile in length, and little more than a quarter of a mile in breadth, and contains be¬ tween 500 and 600 houfes, with about 4000 inhabi¬ tants of all colours and denominations. This town is fttuated in a delightful plain on the banks of the Rio Cobre, 13 miles from Kingfton, and 10 from Port Royal. It is the refidence of the commander in chief: and here the fupreme court of judicature is held, four times in the year, viz. on the laft Tuefdays of February, May, Auguft, and November, and fits three weeks.— St Jago de la Vega is the county-town of Middlefex, and belongs to the parifh of St Catharine ; in which parifh there are 11 fugar-plantations, 108 pens, and other fettlements, and about 10,000 flaves. JAGUAR, or Jaquar, a name given to the Brafi- lian ounce, a fpecies of Felis. See Felis, Mamma- • LI A Index. JAGUEER, in Eaft India afrairs, any penfion from the Grand Mogul, or king of Delhi j generally fuch as are affigned for military fervices. JAGUEERDAR, the holder or pofleflbr of a ja- gueer. It comes from three Perfian words, Ja, “ a place guerifiun, “ to take }” and dajbtun, “ to hold j” quaji, “ a place-holder or penfioner.” In the times of the Mogul empire, all thp great officers of the court, called omrahs, were allowed jagueers, either in lands of which they colledled the revenues, or aflign- ments upon the revenues for fpecified firms, payable by the lord-lieutenant of a province : which fums were for their maintenance, and the fupport of fuch troops as they were neceffitated to bring into the field when de¬ manded by the emperor, as the condition of their ja¬ gueers, which were always revokable at pleafure. JAIL-FEVER, a very dangerous diftemper of the con¬ tagious kind, arifing from the putrefcent difpofition of the blood and juices. See Medicine Index.. JALAP, the root of a fpecies of convolvulus or bind-weed. See Convolvulus, Botany and Mate¬ ria MeDICA Index. JALEMUS, in antiquity, a kind of mournful fong, ufed upon occalion of death, or any other affedting ac¬ cident. Hence the Greek proverbs had their original, £ti'K%p'& (HKgsngof, or ‘ihvfcgarsgej, i. e. more fad or colder J. A M than a jalemus, us raj lecXipus tyl^xTcncs, worthj to le Jalenma ranked among jalemufes. jj JALOFFS, or Yaloffs, are a warlike people, in- ■*arna!'ca- habiting moft of that part of Africa, lying between Se- ' v negal and the Mandingo ftates on the Gambia. Their lips, according to Mr Park, are not fo protuberant as thofe of the generality of Africans 5 and though their fkin is of the deepeft black, they are efteemed by the white traders as the moft fightly of the negroes in that part of the continent. They are divided into feveral independent ftates, and more refemble the Mandingoes than any other nation in their manners and government, but much exceed them in the manufadlure of cotton cloth, fpinning the wool to a finer thread, weaving it in a broader loom, and dyeing it of a better colour. They make excellent foap, by boiling ground nuts in water, and then adding a ley of wood allies. They likewife manufa&ure very good iron, which they carry to Bandore to exchange for fait. Their language, it is faid, is copious and fignificant, and is frequently learned by Europeans trading to Senegal. A generous difpofition, according to the teftimony of Mr Park, is faid to dittinguifh them above the genera¬ lity of favages 5 they know how to return an adl of kindnefs fhewn them by others in diftrefs, and their conduft towards their enemies, in many inftances, is faid to be worthy of imitation. JAMADAR, an officer of horfe or foot, in Hindo- ftan. Alfo the head or fuperintendant of the Peons in the Sewaury or train of any great man. JAMAICA, an ifland of the Weft Indies, the largeft of the Antilles, lying between 170 and 190 N. Lat. and between 76° and 790 W. Long, j in length near 120 miles, and about 50 in breadth. It approaches in its figure to an oval. The windw'ard paffage right be¬ fore it hath the iftand ox Cuba on the weft, and Hifpa¬ niola on the eaft, and is about 20 leagues in breadth. This ifland was difcovered by Admiral Chriftopher Columbus in his fecund voyage, who landed upon it May 5. 1494 j and w as fo much charmed with it, as always to prefer it to the reft of the iflands : in confe- quence of which, his fun chofe it for his dukedom. It was fettled by Juan d’Efquivel, A. D. 1509, who built the town, which, from the place of his birth, he called Seville, and 11 leagues farther to the eaft flood Melilla. Orifton was on the fouth fide of the ifland, feated on what is now called Blue Fields River. All thefe are gone to decay 5 but St Jago, now Spanifh-town, is ftill the-capital. The Spaniards held this country i6oyears, and in their time the principal commodity was cacao j they had an immenfe flock of horfes, affes, and mules, and prodigious quantities of cattle. The Englifh land¬ ed here under Penn and Venables, May 11. 1654, and quickly reduced the ifland. Cacao w as alfo their prin¬ cipal commodity till the old trees decayed, and the new ones did not thrive j and then the planters from Barba- does introduced fugar-canes, which hath been the great ftaple ever fince. The profpeft of this ifland from the fea, by reafon of its conftant verdure, and many fair and fafe bays, is wonderfully pleafant. The coaft, and for fome miles wdthin, the land is low ; but removing farther, it rifes and becomes hilly. The whole ifle is divided by a ridge of mountains running eaft and weft, fome rifing to I 22 1 JAM [2 Jamaica to a great height 5 and thefe are compofed of rock and v a very hard clay; through which, however, the rains that fall inceffantly upon them have worn long and deep cavities, which they call gullies. Thefe moun¬ tains, however, are far from being unpleafant, as they are crowned even to their fummits with a variety of fine trees. There are alfo about a hundred rivers that iffue from them on both fides : and, though none of them are navigable for any thing but canoes, are both plea- fing and profitable in many other refpefts. The cli¬ mate, like that of all countries between the tropics, is very warm towards the fea, and in marfliy places un¬ healthy \ but in more elevated lituations cooler 5 and, where people live temperately, to the full as wholefome as in any part of the Weft Indies. The rains fall hea¬ vy for about a fortnight in the months of May and Oc¬ tober ; and, as they are the caufe of fertility, areftyled feafons. Thunder is pretty frequent, and fometimes ftiowers of hail: but ice and fnow are neverifeen, al¬ though on the tops of the mountains, and at no very great height, the air is exceedingly cold. The moft eaftern parts of this ridge are known under the name of the Blue Mountains, fome of which exceed 5000 feet in height. This great chain of rugged rocks defends the fouth fide of the ifiand from thofe boifter- ous north-weft winds, which might be fatal to their pro¬ duce. The ftreams, though fmall, fupply the inhabi¬ tants with good water, which is a great blefling, as their svells are generally brackifh. The Spaniards were per- fuaded that thefe hills abounded with metals : but we do not find that they wrought any mines j or if they did, it was only copper, of which they faid the bells in the church of St Jago were made. They have feveral hot fprings, which have done great cures. The cli¬ mate was certainly more temperate before the great earthquake ; and the ifland was fuppofed to be out of the reach of hurricanes, which fince that time it hath feverely felt. The heat, however, is very much tem¬ pered by land and fea breezes ; and it is afferted, that the hotteft time of the day is about eight in the morn¬ ing. In the night, the wind blows from the land on all fides, fo that no Ihips can then enter their ports. In an illand fo large as this, which contains above five millions of acres, it may be very reafonably con¬ ceived that there are great variety of foils. Some of thefe are deep, black, and rich, and mixed with a kind of potters earth $ others lhallow and fandy j and fome of a middle nature. There are many favannahs, or wide plains, without ftones, in which the native In¬ dians had luxuriant crops of maize, which the Spaniards turned into meadows, and kept in them prodigious herds of cattle. Some of thefe favannahs are to be met with even amongft the mountains. All thefe different foils may be juftly pronounced fertile, as they would certainly be found, if tolerably cultivated,, and applied to proper purpofes. A fufficienf proof of this will arife from a very curfory review of the natural and artificial produce of this fpacious country. It abounds in maize, pulfe, vegetables of all kinds, meadows of fine grafs, a variety of beautiful flowers, and as great a variety of oranges, lemons, citrons, and other rich fruits. Ufeful animals there are of all forts, horfes, affes, mules, black cattle of a large fize, and fheep, the tlefh of which is well tailed, though their 3 1 Jam wool is hairy and bad. Here are alfo goats and hogs in great plenty j fea and river fifti 5 wild, tame, and water fowl. Amongft other commodities of great va¬ lue, they have the fugar cane, cacao, indigo, pimento, cotton, ginger, and coffee j trees for timber and other ufes, fuch as mahogany, manchineel, white wood which no worm will touch, cedar, olives, and many more. Befides thefe, they have fuftick, red wood, and various other materials for dyeing. To thefe we may add a. multitude of valuable drugs, fuch as guaiacum, china, farfaparilla,caflia, tamarinds, vanellas, and the prickle- pear or opuntia, which produces the cochineal j with no inconfiderable number of odoriferous gums. Near the coaft they have falt-ponds, from which at one time they fupplied their own confumption, and might cer¬ tainly make any quantity they pleafed. As this ifland abounds with rich commodities, it is happy likewife in having a number of fine and fafe ports. Point Morant, the eaftern extremity of the ifland, hath a fair and commodious bay. Pafling on to the fouth, there is Port Royal : on a neck of land which forms one fide of it, there flood once the faireit town in the ifland -, and the harbour is as fine a one as can be wifhed, capable of holding a thoufand large velfels, and ftill the ftation of our fquadroq. Old Harbour is alfo a convenient port, fo is Maccary bay ; and there are at leaft twelve more between this and the weftern extremity, which is Point Negrillo, where our (hips of war lie when there is a war with Spain. . On the north fide there is Orange bay, Cold harbour, . Rio Novo, Montego bay, Port Antonio, one of the fineft in the ifland, and feveral others. The north- weft winds, which fometimes blow furioufly on this ceaft, render the country on that fide lefs fit for canes, but pimento thrives wonderfully j and certainly many other ftaples might be raifed in fmall plantations, which are frequent in Barbadoes, and might be very advan¬ tageous here in many refpefts. The town of Port Royal flood on a point of land running far out into the fea, narrow, fandy, and inca¬ pable of producing any thing. Yet the excellence of the port, the convenience of having fhips of feven hun¬ dred tons coming clofe up to their wharfs, and other advantages, gradually attra&ed inhabitants iq fuch a manner, that though many of their habitations were built on piles, there were near two thoufand houfes in the town in its moft flourilhing ftate, and which let at high rents. The earthquake by which it was over¬ thrown happened on the 7th of June 1692, and num¬ bers of people periftied in it. This earthquake was followed by an epidemic difeafe, of which upwards of three thoufand died : yet the place was rebuilt j but the greateft part was reduced to allies by a fire that hap¬ pened on the 9th of January 1703, and then the inha¬ bitants removed muftly to Kingfton. It was, however, rebuilt for the third time ; and was riling towards its former grandeur, when it was overwhelmed by the fea, Ayguft 28. 1722. There is, notwithftanding, a fmall town there at this day. Hurricanes fince that time have often happened, and occafioned terrible devafta- tions. The ifland is divided into three counties, Middlefex, , Surry, and Cornwall •, containing 20 parilhes, over each of which prefides a magiftrate ftyled a cujlos. The 3 JAM [ The whole contain 36 towns and villages, and churches and chapels. The population in 1787 was eftimated at 250,000 negroes, 30,000 whites, 10,000 people of colour, and 1400 maroons j in all 291,400 inhabitants. The adminifhation of public affairs is by a governor and council of royal appointment, and the reprefenta- tives of the people in the lower houfe of affembly. They meet at Spanilh-town, and things are conduced with great order and dignity. The lieutenant-gover¬ nor and commander in chief has -5000I. currency, or 357il. 8s. 6^d. fterling, befides which, he has a houfe in Spanifh-town, a pen or a farm adjoining, and a po- link or mountain for provilions ; a fecretary, an under- fecretary, and a domeltic chaplain. The honourable the council confifts of a prefident and 10 members4 with a clerk, at 270I. a chaplain look ulher of the black rod and meffenger 250I. The honourable the affembly confifts of 43 members, one of whom is chofen fpeaker. To this afl'embly be¬ long a clerk, with 1000I. falary ; a chaplain, 150I. j meffenger, yool.y deputy, 140I. j and printer, 200I. The number of members returned by each pariflr and county are, for Middlefex, 17, viz. St Catharine 3, St Dorothy 2, St John 2, St Thomas in the Vale 2, Cla¬ rendon 2, Vere 2, St Mary 2, St Ann 2: For Surry 16, viz. Kingfton 3, Port Royal 3, St Andrew 2, St David 2, St Thomas in the Eaft 2, Portland 2, St George 2 : For Cornwall 10. viz. St Elizabeth 2, Weft- rnoreland 2, Hanover 2, St James 2, Trelawney 2. The high court of chancery confifts of the chancel¬ lor (governor for the time being), 25 matters in ordi¬ nary, and 20 mafters extraordinary ; a regifter, and clerk of the patents ; ferjeant at arms, and mace-bear¬ er. The court of vice admiralty has a foie judge, judge furrogate, and commiffary, king’s advocate, principal regifter, marftial, and a deputy-marlhal. The court of ordinary, confifts of the ordinary (governor for the time being), and a clerk. The fuprtme court of judicature has a chief juftice, 120I. and 16 afliftant judges j at¬ torney-general, 400I.; clerk of the court, loci.} clerk of the crown, 350I.; folicitor for the crown : 33 com- miftioners for taking affidavits1, a provoft-marftial-ge- neral, and eight deputies j 18 barrifters, befides the attorney-general and advocate-general j and upward of 1 20 praftifing attorneys at law. The commerce of Jamaica is very confiderable, not only with all parts of Great Britain and Ireland, but 24. ] JAM 18 with Africa, North and South America, the Weft In- Jamaica, dia iflands, and the Spanilh main. The thips annually '-—"v— employed are upwards of 500 fail. The following account of the exports of this liland in 1770, as given by Abbe Raynal, but which in feve- ral particulars appears to be under-rated, will contri¬ bute more than all that hath been faid, toftiow the im¬ portance of Jamaica. They confifted in 2249 bales of cotton, which at 10 pounds per bale, the price in the ifland, amounts to 22,490!. j 187-? hundred weight of coffee, at three pounds five (hillings per hundred, 6088I. j 2753 bags of ginger, at two pounds five (hillings per bag, 6194I. j 2211 hides, at feven (hillings per hide, 773I. ; 16,475 puncheons of rum, at 10I. per puncheon, 164,750!. Mahogany, 15,282 pieces and 8500 feet, 50,000!. Of pimento, 2,089,734 pounds weight, 52,243!. Sugar, 57,675 hogflieads, 6425 tierces, 52 barrels, at feventeen pounds ten (hillings per hogfhead, twelve pounds per tierce, and four pounds per barrel, amounting in the whole to 1,086,620!. Sarfaparilla, 205 bags, at ten pounds per bag, 2250I. Exports to Great Britain and Ireland, 1,391,210!. To North America, 146,324!. To the other iftands, 595I. Total of the exports, 1,538,730!. In 1787, the eftimate of exports exceeded two millions j and the imports are (fated at 14 million. The following is a general view of the property and chief produce of the whole illand in 1786, as prefixed by Mr Beckford to his defcriptive account of Jamaica. Counties. Middlefex Surry Cornwall Total Sugar E (fates. 323 350 388 ic6x Other Settle¬ ments. 91? 54° 56* 20x8 Slaves. 87100 75600 90000 25i70c Produce Hhds. of Sugar. 34900 39000 105400 Cattle. 75000 80000 69500 224500 It (hould be here obferved, that where two hogfheads of fugar are made, there is at lead one puncheon of rum •, but the proportion has been of late years more confiderable : the quantity of the latter will therefore be 52,700 puncheons. A comparative view between the years 1768 and 1786. Sugar Eftates Sugar Hhds. Negroes Cattle Middlefex in 1768 239 24050 66744 59510 786 323 3M°o| 87100 75000 Surry in 1768 ! 1786 146 1501° 39542 35° 34900 75600 21465! 80000 Cornwall in x 768 266 ..9100 60614 54775 1786 388 390001 93000 69500 Total in 1768 651 68160 166900 '3575° 1786 1061 1 o 5400; 255700; 224500- Amount of Increafe. 410 37240 88800 88750 From J A M [ 25 ] J A M Jamaica From the above fcheme it appears, how confider- ll. able has been the increafe of fugar-eftates, and confe- Tamblicus. quent|y 0£ produce of negroes and cattle in eighteen v years: and in the fame portion of time (it is faid), if proper encouragement were given, they might be augmented in a threefold proportion. The common valuation of an eftate in Jamaica is as follows: Cane land (the canes upon it valued feparately) at - * Plants - Cane land, In ratoons and young plants. Failure land - - - Wood land - Provifions - - - Negroes Mules - - Steers - Breeding cattle, &c. Sterling. L. 22 per acre. 22 ditto, ditto, ditto, ditto, ditto, ditto, ditto, ditto, ditto. Works, water, carts, &tc. 15 8 4 57 22 10 5 from 7 to 10,000. If a planter would wifh to leafe his eflate for a num¬ ber of years, his income would be large if he could get only rod. fterling a day for his negroes (the lofs made good), without requiring any thing for his land or works. JAMBI, or Jambis, a fea-port town and fmall kingdom of Alia, on the ealtern coaft of the illand of Sumatra. It is a trading place. The Dutch have a - fort here; and export pepper from thence, with the bed fort of canes. E. Long. 105. 55. S. Lat. o. 30. JAMB IA vicus. See Yambo. IAMBIC, in ancient poetry, a fort of verfe, fo cal¬ led from its confiding either wholly, or in great part, ©f iambus’s. See Iambus. Ruddiman makes two kinds of iambic, viz. dimeter and trimeter j the former containing four feet, and the latter fix. And as to the variety of their feet, they ©onfift wholly of iambus’s, as in the two following ver- fes of Horace: 12 34 5 6 Dim. Inar\Jit a:\Jlu6Jius\ Trim. Suis\i3’ t\pfa Ro\ma vi\ribus\ruit. Or, a dadlylus, fpondeus, anapeltus, and fomatimes tribrachys, obtain in the odd places *, and the tri- brachys alfo in the even places, excepting the lad.— Examples of all which may be feen in Horace } as, Dimeter. 123-4 5 6 Camai\a tra\Bavit\dapes\ Vide\re prope\rantes domum\ Trimeter. Quo quo fcele\Jli rui\tis\aut\cur dex\leris. Prius\que cce\!umJi\det in\ferius\mari. Al:ti\bus nt\que cani\bus homi\cid‘l Hc\Borem. Pavidum^que lepc^P out ad\venam laqueo\gruem. JAMBLICUS, the name of two celebrated Plato¬ nic philofophers, one of whom was of Colchis, and the inther of Apamea in Syria. The fird, whom Julian equals to Plato, was the difciple of Anatolius and Porphyry, and died under the reign of the emperor Vol. XI. Part I. Condantine.—-The fecond alfo enjoyed great reputa- Jamblicus tion. Julian wrote feveral letters to him, and it is jarJ|£S faid he was poifoned under the reign of Valens.—It is , not known to which of the two we ought to attribute the works we have in Greek under the name of Jam- blicus, viz. 1. The hidory of the life of Pythagoras, and the feft of the Pythagoreans. 2. An exhortation to the dudy of philofophy. 3. A piece againd Por¬ phyry’s letter on the myderies of the Egyptians. JAMBOLIFERA, a genus of plants, belonging to the oftandria clafs *, and in the natural method rank¬ ing with thofe of which the order is doubtful. See Bo¬ tany Index. IAMBUS, in the Greek and Latin profody, a poe¬ tical foot, confiding of a diort fyllable followed by a long one $ as in ©ei# Asy&i, Dei, meets. Syllaba longa brew fubjeEla vocatur iambus, as Horace expreffes it $ who alfo calls the iambus a fwift, rapid foot, pes citus. The word, according to fome, took its rife from Iambus, the fon of Pan and Echo, who invented this foot j or, perhaps, who only ufed fharp biting expref- fions to Ceres, when afdidled for the death of Profer- pine. Others rather derive it from the Greek <«?, ve- nenum, “ poifon j” or from maledico, “ I rail, or revile becaufe the verfes compofed of iambus’s were at fird only ufed in fatire. JAMES, St, called the Greater, the fon of Zebe- dee, and the brother of John the Evangelid, was born at Bethfaida, in Galilee. He was called to be an apodle, together with St John, as they w-ere mending their nets with their father Zebedee, who was a filher- man j when Chrid gave them the name of Boanerges, or Sons of Thunder. They then followed Chrid, were witnelfes with St Peter of the transfiguration on Mount Tabor, and accompanied our Lord in the garden of olives. It is believed that St James fird preached the gofpel to the difperfed Jews j and afterwards returned to Judea, where he preached at Jerufalem, when the Jews raifed up Herod Agrippa againd him, who put him to a cruel death about the year 44. Thus St James was the fird of the apodles who fudered martyr¬ dom. St Clement of Alexandria relates, that his ac- culer was fo druck with his condancy, that he became converted and fudered with him. There is a magnifi¬ cent church at Jerufalem which bears the name of St James, and belongs to the Armenians. The Spa¬ niards pretend, that they had St James for their apof- tle, and boad of podefling his body •, but Baronius, in his Annals, refutes their pretenfions. James, St, called the Lefs, an apodle, the brother of Jude, and the fon of Cleophas and Mary the fider of the mother of our Lord, is called in Scripture the Jujl, and the brother of Jefus, who appeared to him in particular after his refurreftion. He was the fird bifhop of Jerufalem, when Annanias II. high pried of the Jews, caufed him to be condemned and delivered him into the hands of the people and the Pharifees, who threw him down from the deps of the temple, when a fuller dallied out his brains with a club, about the year 62. His life was fo holy, that Jofephus con- D fiders J A M [ 25 James, fiders tlie ruin of Jerufaletn as a punHhment inflifted on that city for his death. He was the author of the epiftle which bears his name. St James of the Sword, (San Jago del Efpada'), a military order in Spain, intlituted in I17°» under the reign of Ferdinand II. king of Leon and Gallicia. Its end was to put a flop to the incurlions of the Moors; three knights obliging themfelves by a vow to fecure the roads. An union was propofed and agreed to in 1170 between thefe and the canons of St Eloy j and the order was confirmed by the pope in H75* The higheft dignity in that order is that of grand mailer, which has been united to the crown of Spain. The knights are obliged to make proof of their defcent from families that have been noble for four generations on both fides; they mull alfo make it appear that their faid anceftors have neither been Jews, Saracens, nor he¬ retics ; nor even to have been called in queftion by the the inquifition. The novices are obliged to ferve fix months in the galleys, and to live a month in a mona- fiery. Heretofore they were truly religious, and took a vow of celibacy , but Alexander III. gave them a per- miflion to marry. They now make no vows but of po¬ verty, obedience, and conjugal fidelity j to which, fince the year 1652, they have added that of defending the immaculate conception of the holy Virgin. Their ha¬ bit is a white cloak, with a red crofs on the breail. This is efteemed the mod confiderable of all the mili¬ tary orders in Spain : the king carefully preferves the office of grand mailer in his own family, on account of the rich revenues and offices, whereof it gives him the difpofal. The number of knights is much greater now than formerly, all the grandees choofing rather to be received into this than into the order of the Golden Fleece ; inafmuch as this puts them in a fair way of attaining to commands, and gives them many confider¬ able privileges in all the provinces of Spain, but efpe- cially in Catalonia. > James, the name of feveral kings of Scotland and of Great Britain. See (Hijlones of) SCOTLAND and Britain. James I. king of Scotland in 1423, the firft of the houfe of Stuart, was not only the mod learned king, but the mod learned man, of the age in which he flourifhed. This ingenious and amiable prince fell in¬ to the hands of the enemies of his country in his ten¬ der youth, when he w^as dying from the fnares of his unnatural ambitious uncle, wbo governed his domi¬ nions, and was fufpe&ed of defigns againd his life. Having fecretly embarked for France, the (hip wras taken by an Engliffi privateer off Flamborough-head ; and the prince and his attendants (among whom was the earl of Orkney), were confined in a neighbouring cadle until they were fent to London, See {Hjfiory of) Scotland. The king of England knew the value of the prize he had obtained, and kept it with the mod anxious care. The prince was conduced to the Tower of Imndon immediately after he was feized, April 12. A. D. 1405, in the 13th year of his age , and there kept a clofe prifoner till June 10. A. D. 14°7» "’hen he was removed to the cadle of Nottingham, from whence he was brought back to the Tower, March I. A. D. 1414? and there confined till Augud 3. in the fame year, when he was conv«yed to the cadle of ] J A M Windfor, where he was detained till the fummer of James. A. D. 1417? when Henry V. for political reafons,, —' V" carried him with him into France in his fecond expe¬ dition. In all thefe fortreffes his confinement, from his own account of it, was fo fevere and drift, that he was not fo much as permitted to take the air. In this melancholy fituation, fo unfuitable to his age and rank, books were his chief companions, and dudy his greated pleafure. He rofe early in the morning, im¬ mediately applied to reading, to divert him from pain¬ ful redeftions on his misfortunes, and continued his dudies, with little interruption, till late at night. James being naturally fenfible, ingenious, and fond of knowledge, and having received a good education in his early youth, under the direftion of Walter Ward- law, biffiop oV St Andrew’s, by this clofe application to dudy, became an univerfal fcholar, an excellent poet, and exquifite mufician. That he wrote as well as read much we have his own tedimony, and that of all our hidorians who lived near his time. Bow- maker, the continuator of Fordun, who was his con¬ temporary, and perfonally acquainted with him, fpends ten chapters in his praifes, and in lamentations on his death ; and, amongd other things, fays, that his know¬ ledge of the fieriptures, of law, and philofophy, was in¬ credible. Heftor Boece tells us, that Henry IV. and V. furniffied their royal prifoner with the bed teach¬ ers in all the arts and fciences •, and that, by their af- fidance, he made great proficiency in every part of learning and the fine arts j that he became a perfeft mader in grammar, rhetoric, poetry, mufm, and all the fecrets of natural philofophy, and was inferior to none in divinity and law. He obferves further, that the poems he compofed in his native tongue were fo beautiful, that you might eafily perceive he was born a poet j but that his Latin poems were not fo faultlefs j for though they abounded in the mod fub- lime fentiments, their language was not fo pure,_ ow¬ ing to the rudenefs of the times in which he lived. This prince’s (kill in mufic was remarkable. Wal¬ ter Bower, abbot of Inchcolm, who was intimately acquainted with that prince, affures us, that he ex¬ celled all mankind in that art, both vocal and in- drumental j and that he played on eight different indruments (which he names), and efpecially on the harp, with fuch exquifite (kill, that he feemed to be infpired *. King James was not only an excellent performer, but alfo a capital compofer both of facred nicon, lib. and fecular mufic •, and his fame on that account was*vi. c. 18. extenfive, and of long duration. Above a century af¬ ter his death, he was celebrated in Italy as the inven¬ tor of a new and pleafing kind of melody, which had been admired and imitated in that country. This appears from the following tedimony of Aleffandro Taffoni, a writer who was well informed, and of un¬ doubted credit. “ We may reckon among us mo¬ derns, James king of Scotland, who not only compo¬ fed many facred pieces of vocal mufic, but alfo of him- felf invented a new kind of mufic, plaintive and melan¬ choly, different from all other j in which he hath \ Ale fund. imitated by Carlo Gefualdo, prince of Venofa, \v\io,T(iJJ'. Penfs- in our age, hath improved mufic with new and admi-er? Divcrf rable inventions f.” As the prince of Venofa imitated King James, the other muficians of Italy imitated thekins>voj ^ prince of Venofa. “ The mod noble Carlo Gefual-p. 5s 6, do. V JAM [ James. cJc*, the prince of muficians of our age, introduced fuch aged 41-—This king is acknowledged to have had great accompliftiments both of mind and bgdy. His Latin epiftles are claffical, compared with the bar- barous ftyle of the foreign princes with whom he cor- refponded. Like his father, he had a tafte for the fine arts, particularly that of Iculpture. The attention he paid to the civilization of his people, and his diftri- bution of juftice, merit the higheft praife. After all, the virtues of James appear to have been more (hining than folid : and his character was that of a fine gentle¬ man and a brave knight, rather than a wife cr a great Foet. vol. ii. C- *25 27 ] J A M monarch. At the time of his death, he was only in his forty-firft year. Like ail the princes of his family (to his great grandfon James VL)-his perlon was hand- fome, vigorous, and aCtive. From their coins, it doe* not appear that either he, or any of his predeceffors of the Stuart race, wore their beards, as did all his (ucceiTors, to the reign of Charles II. James V. king of Scotland, in 1513, was but iS months old when his father loft his life. When of age, he affifted Francis I. king of France againft the em¬ peror Charles V. 5 for which fervice Francis gave him his eldeft daughter in marriage, jn 1535. This princefs died in two years -, and James married Mary of Lorraine, daughter of Claud duke of Guife, and wi¬ dow of Louis d’Orleans, by whom he had only one child, the unfortunate Mary queen of Scots, born on¬ ly eight days before his death, which happened De¬ cember 13. 1542, in the 35th year of his age. This was the firft prince of his family who died a natural death fince its elevation to the throne. He died, however, of a broken heart, occafioned by differences with his barons. He was formed by nature to be the ornament of a throne and a bleffing to his people j but his excellent endowments were rendered in a great meafure ineffectual by an improper education. Like moft of his predeceffors, he w as born with a vigorous, graceful perfon, which, in the early part of his re’gn, was improved by all the manly exercifes then in ure. This prince was the author of a humorous compofition in poetry, which goes by the name of the Gaberlun'zie Man, James VI. king of Scotland in 1567, and of Eng¬ land in 1603, was (on of Mary queen of Scots; whom he fucceeded in Scotland, as he did Elizabeth in England. Strongly attached to the Proteftant religion, he figna- lized himfelf in its fupport ; which gave rife to the horrid confpiracy of the Papifts to deftroy him and all the Engliffi nobility by the Gunpowder Plot, dif- covered November 5. 1605. The following year, a political ted of loyalty was required, which fecured the king’s perfon, by clearing the kingdom of thofe difaffeded Roman Catholic fubjeCls who would not fubmit to it. The chief glory of this king’s reign con¬ fided in the eftabliffiment of new colonies, and the introduction of fome manufactures. The nation enjoy¬ ed peace, and commerce flourilhed during his reign. Yet his adminiftration was defpifed both at home and abroad : for, being the head of the Proteftant caufe in Europe, he did not fupport it in that great crifis, the war of Bohemia ; abandoning his fon-in-lawr the eleCtor Palatine ; negociating when he Ihould have fought; deceived at the fame time by the courts of Vienna and Madrid ; continually fending illuftrious ambaffadors to foreign powers, but never making a (ingle ally. He valued himfelf much upon his polemical writings; and fo fond was he of theological deputations, that to keep them alive, he founded, for this exprefs purpofe, Chelfea-college ; which was converted to a much bet¬ ter ufe by Charles II. His Eajilicon Doron, Com¬ mentary on the Revelation, writings againft Bellar- mine, and his Damonologia, or doftrine of witchcraft, are fufficiently known. There is a colleClion of his writings and fpeeches in one folio volume. Several other pieces of his are extant ; fome of them in the Cabala, ethers in manufeript in the Britilh Mufeum, D 2 and James. JAM [ 28 ] JAM James, and others in Howard’s collection. He died in 1625, in the 59th year of his age, and 23d of his reign. James II. king of England, Scotland, &c. 1685, grandfon of James I. fucceeded his brother Charles II. It is remarkable, that this prince wanted neither cou¬ rage nor political abilities whilft he was duke of Y ork j on the contrary, he was eminent for both : but when he afcended the throne, he was no longer the lame man. A bigot from his infancy to the Romilh reli¬ gion and to its hierarchy, he facrificed every thing to eftablifli them, in direCl contradiction to the experi¬ ence he had acquired, during the long reign of his brother, of the genius and character of the people he was to govern. Guided by the Jefuit Peters his con- feffor, and the infamous chancellor Jeffries, he violated every lawr enaCted for the fecurity of the Protehant re¬ ligion $ and then, unable to face the refentment of his injured fubjeCts, he fled like a coward, inftead of dif¬ arming their rage by a difraiHion of his Popifh mini- Iters and priefts. He rather chofe to live and die a bi¬ got, or, as he believed, a faint, than to fupport the dignity of his anceftors, or perifh beneath the ruins, of his throne. The confequence was the revolution of 1689. James II, died in France in 1710, aged 68. He wrote Memoirs of his own life and campaigns ta the refloration 5 the original of which is prelerved in the Scotch college at Paris. This piece is printed at the end of Ramfay’s life of Marfhal Turenne. 2. Me¬ moirs of the Englifh affairs, chiefly naval, from the year 1660 to 1673. 3* royal fufferer, King James II. confiding of meditations, foliloquies, vows, &c. faid to be compofed by his majefty at St Ger¬ mains. 4. Three letters j which were publifhed by William Fuller, gent, in 1702, with other papers re¬ lating to the court of St Germains, and are faid in the title page to be printed by command. James, Thomas^ a learned Englifh critic and di¬ vine, born about the year 1571. He recommended himfelf to the office of keeper of the public library at Oxford, by the arduous undertaking of publifhing a catalogue of the MSS. in each college library at both univerflties. He was eleCted to this office in 1602, and held it 18 years, when he refigned it to profecute his ftudies with more freedom. In the convocation held with the parliament at Oxford in 1625, of which he was a member, he moved to have proper commif- fioners appointed to collate the MSS. of the fathers in all the libraries in England, with the Popifh editions, in order to detefl the forgeries in the latter; but this propofal not meeting with the defired encouragenaent, he engaged in the laborious tafk himfelf, which he con¬ tinued until his death in 1629. He left behind him a great number of learned works. James, Richard, nephew' of the former, entered in¬ to orders in 1615: but, being a man of humour, of three fermons preached before the univerfity, one con¬ cerning the obfervation of Lent was without a text, according to the moft ancient manner $ another againft the text 5 and the third befide it. About the year 1619, he travelled through Wales, Scotland, Shet¬ land, into Greenland and Ruffia, of which he wrote obfervations. He affifted Selden in compofing his Marmora Arundeliana; and was very ferviceable to Sir Robert Cotton, and his fon Sir Thomas, in dif- pofing and fettling their noble library. He died in 4 1638 j and has an extraordinary chara£ler given him James, by Wood for learning and abilities. Jamefone. James, Dr Robert, an Englifh phyfician of great 1 v' 1 - eminence, and particularly diftinguifhed by the prepa¬ ration of a mod excellent fever powder, was born at Kinverflon in Stafford (hire, A. D. 1703 : his father a major in the army, his mother a filter of Sir Robert Clarke. He w'as of St John’s-college in Oxford, where he took the degree of A. B. and afterwards praftifed phyfic at Sheffield, Lichfield, and Birming¬ ham fucceffively. Then he removed to London, and became a licentiate in the college of phyficians ; but in what years is not known. At London he applied himfelf to v'riting as well as praftiling phyfic 5 and in 1743, publifhed a Medical Dictionary, in 3 vols folio. Soon after he publifhed an Englifn tranflation, with a Supplement by himfelf, of Rama%czim de morbis artiji* cum; to which he alfo prefixed a piece of Frederic Hoffman upon Endemical Diftempers, 8vo. In 1746, The Praflice of Phyfic, 2 vols 8vo j in 1760, On Ca¬ nine Madnefs, 8vo 5 in 1764, A Difpenfatory, 8vo. June 25. 1755, when the king was at Cambridge, James was admitted by mandamus to the doCtorfhip of phyfic. In 1788, were publifhed, A Differtation upon Fevers, and A Vindication of the Fever-powder, 8vo j with A Short Treatife on the Diforders of Chil¬ dren, and a very good print of Dr James. This was the 8th edition of the Differtation, of which the fiift was printed in 1751 J and the purpofe of it was, ts> fet forth the fuccefs of this powder, as well as to de- feribe more particularly the manner of adminiftering it. The Vindication was pofthumous and unfinifhed : for he died March 23. 1776, while he was employed up¬ on it.—Dr James was married, and left feveral ions and daughters. James's Powder, a medicine prepared by Robert James, which is known alfo by the name of James's fever powder. See Materia Medica Index. James's Town, a borough and market town of Ire¬ land, in the county of Leitrim, and province of Con¬ naught j fituated five miles north-weft of Garrick on Shannon, and 73 north-weft of Dublin, in N. Lat. 53. 44. W. Long. 8. 15. It has a barrack for a company of foot, and returns two members to parliament j pa¬ tronage in the family of King.—It has three fairs. St James's Day, a feftival of the Chriftian church, obferved on the 25th of July, in honour of St James the greater, fon of Zebedee. Epijiie of St James, a canonical book of the New Teftament, being the firft of the catholic or general epiftles 5 which are fo called, as not being written to one but to feveral Chriftian churches. This general epiftle is addreffed partly to the belie¬ ving and partly to the infidel Jews j and is defigned to corredl the errors, foften the ungoverned zeal, and re¬ form the indecent behaviour of the latter *, and to com¬ fort the former under the great hardlhips they then did, or Ihortly were to fuffer, for the fake of Chrif- tianity. JAMESONE, George, an excellent painter, juft- ly termed the Vandyck of Scotland, w as the fon of An¬ drew Jamefune, an architedt j and was born at Aber¬ deen, in 1 $86. He ftudied under Rubens, at Ant¬ werp $ and, after his return, applied with indefatiga¬ ble induftry to portraits in oil, though he fometimes pradUfed JAN [ 29 ] JAN and alfo in hiftory and land- declared lierfelf willing to run all hazards with them in Jane ‘ ' fo juft a caufe ; pointed out the refources that ftill re- janJ!arje. mained in the alliance of England •, earneftly befeech- ani 1 Jamefone pra&ifed in miniature, and alio in hiftory and iand- U fcapes. His largeft portraits were fomewhat lels than Jane. jjjs earlieft works are chiefly on board, after- U““-v wards on a fine linen cloth fmoothly primed with a proper tone to help the harmony of his lhadows. His excellence is faid to confift in delicacy and foftnefs, with a clear and beautiful colouring ; his (hades not charged, but helped by varnifh, with little appearance cf the pencil. When King Charles I. vifited Scotland in 1633, the magiftrates of Edinburgh, knowing his majefty’s tafte, employed this artift t:o make drawings of the Scottiih monarchs •, with which the king was fo pleafed, that, enquiring for the painter, he fat to him, and rewarded him with a diamond ring from his own finger. It is obfervable, that Jamefone always drew himfelf with his hat on, either in imitation of his mafter Rubens, or on having been indulged in that liberty by the king when he fat to him. Many ot Jamefone’s works are in both the colleges of Aber¬ deen } and the Sibyls there he is faid to have drawn from living beauties in that city. His belt "works are from the year 1630 to his death, which happened at Edinburgh in 1644. JAMYN, Amadis, a celebrated French poet in the 16th century. He is efteemed the rival of Ron- fard, who was his cotemporary and friend. He was fecretary and chamber-reader in ordinary to Charles IX. and died about 1585. He wrote, 1. Poetical works, two vols. 2. Philofophical difcourfes to Paficharis and Rodanthe, with feven academical difcourfes. 3. A tranflation of the Iliad of Homer, begun by Hugh Sabel, and finiftied by Jamyn ; with a tranflation into French verfe of the firft three books of the Odyffey. JANE 0/Flanders, a remarkable lady, who feems to have pofieffed in her own perfon all the excellent qua¬ lities of both fexes, was the wife of John de Mountfort, a competitor for the dukedom of Brittany upon the death of John III. This duke, dying without iffue, left his dominions to his niece Jane, married to Charles de Blois nephew to the king of France 5 but John de Mountfort, brother to the late duke though by a fecond marriage, claimed the duchy, and was received as fuc- celfor by the people of Nantes. The greateft part of the nobility fwore fealty to Charles de Blois, thinking him beft fupported. This difpute occafioned a civil war ; in the courfe of which John was taken prifoner, and fent to Paris. This misfortune would have entire¬ ly ruined his party, had not his intereft been fupport¬ ed by the extraordinary abilities of his wife, Jane of Flanders. Bold, daring, and intrepid, Are fought like a warrior in the field ; (hrewd, fenfible, and fagacious, (he fpoke like a politician in the council ; and endow¬ ed with the. moft amiable manners and winning addrefs, (he was able to move the minds of her fubjefts by the force of her eloquence, and mould them exadlly accord¬ ing to her pleafure. She happened to be at Rennes when (he received the news of her hufband’s captivity j but that difafter, inftead of deprefling her fpirits, ferved only to roufe her native courage and fortitude. She forthwith aflembled the citizens ; and, holding in her arms her infant fon, recommended him to their care and proteftion in the moft pathetic terms, as the male heir of their ancient dukes, who had always governed them with lenity and indulgence, and to whom they had ever profeffed the moft zealous attachment. She ing them to make one vigorous effort againft an ufur- per, who being forced upon them by the intrigues of France, would, as a mark of his gratitude, facrifice the liberties of Brittany to his proteftor. The people moved by the affefting appearance, and animated by the noble conduct of the princefs, vowed to live and die with her in defending the rights of her family j and their example was followed by almoft all the Bretons, The countefs went from place to place, encouraging the garrifons of the feveral fortreffes* and providing them with every thing neceffary for their fubfiftence : after which (he (hut herfelf up with her fon in Henne- bon, where (lie refolved to wait for the fuccours which the king of England (Edward III.) had promifed to fend to hex afliftance. Charles de Blois, accompanied by the dukes of Burgundy and Bourbon, and many other noblemen, took the field with a numerous army, and having reduced Rennes, laid fiege to Hennebon, which was defended by the countefs in perfon. ihis heroine repulfed the affailants in all their attacks with the moft undaunted courage j and obferving one day that their whole army had left the camp to join in a general ftorm, (lie rulhed forth at a poftern-gate, with three hundred horfe, fet fire to their tenths and baggage, killed their fullers and fervants, and raifed fuch a ter¬ ror and confternation through all their quarters, that the enemy gave over their affault, and getting betwixt her and the walls, endeavoured to cut off her retreat to the city. Thus intercepted, (he put the fpurs to her horfe, and without halting, galloped diredtly to Breft, which lay at the diftance of two-and-twenty miles from the fcene of aftion. There being fupplied with a bo¬ dy of five hundred horfe, (he immediately returned, and fighting her way through one part of the French camp, was received into Hennebon, amidft the accla¬ mations of the people. Soon after this the Englifh fuccours appeared, and obliged the enemy to raife the (iege. JANEIRO, or Rio-Janeiro, a river and province of Brafil in South America, feated between the tropic of Capricorn and 22° of S. Lat. See Rio-Janeiro. JANICULUM, or Janicularis, a hill of ancient Rome, added by Aneus Martins ; the burial place of Numa, and of Statius Ccecilius the poet: to the eaft and fouth, having the Tiber •, to the weft, the fields •, to the north, a part of the Vatican. So called, either from an ancient city, (Virgil) j or becaule it was or gate, from which to iffue out and make incurfions on the Tufcans, (Verrius Flaccus). Now called Mom Aureus, corruptly Mon tonus, from its fparkling lands. From this hill, on account of its height, is the moft extenfive profpedt of Rome : but it is lefs inhabited, becaufe of its grofs air \ neither is it reckoned among the feven hills. Hither the people retired, and were hence afterwards recalled by (X Hortenfius the dicta¬ tor, (Pliny). JANIZARIES, an order of infantry in the Turkifti armies j reputed the grand feignior’s foot-guards. Voflius derives the* word from genrzers, which in the Turkifti language flgnifies novi honunes or rmlites. JYHerbelot tells us, that jemtchen fignifies a new* band, or troop i and that the name was firft given by Amu- rath 3 A. N [ 30 1 JAM Junmries,rath I. called the Conqueror, who chcmling out one-fifth ?a,ifen' , part of the Chriftian prifoners whom he had taken from the Greeks, and inftrufting them in the difcipline of war and the do&rines of their religion, fent them to Hagi Bektafche (a perfon vvhofe pretended piety render¬ ed him extremely revered among the Turks), to the end that he might confer his blefling on them, and at the fame time give them fome mark todiftinguiih them from the re it of the troops.—-Bektafche, after bl effing , them in his manner, cut off one of the ileeves of the fur-gown which he had on, and put it on the head of the leader of this new militia j from which time, viz. the year of Chriif 1361, they have ftill retained the Tt&mt jenitcheri, and the fur-cap. As, in the Turkiih army, the European troops are diftinguiihed from thofe of Afia ; the Janizaries are al- fo diftinguiihed into janizaries of Conjlantinople, and of Damafcus. Their pay is from two afpers to twelve per diem ; for when they have a child, or do any fig- nal piece of fervice, their pay is augmented.—Their drefs confifts of a dolyman, or long gown, with ihort fleeves, which is given them annually by the grand feignior on the firlt day of Ramazan. They wear no turbeau ; but, in lieu of that, a kind of cap, which they call zarcola, and a long hood of the fame fluff hanging on their (houlders. On folemn^days they are adorned with feathers, which are ftuck m a little cafe on the fore part of the bonnet.—Their arms, in Europe, in time of war, are a fabre, a carabine or mufket, and a cartouch-box hanging on the left fide. At Con- ffantinople, in time of peace, they wear only a long Raff in their hand. In Afia, where powder and -fire¬ arms are inore uncommon, they wear a bovr and ar¬ rows, with a poignard, which they call haniare.—- Though the janizaries are not prohibited marriage, yet they rarely marry, nor then but with the confent of their officers-, as imagining a married man to make a worfe foldier than a bachelor.—It was Ofman, or Ottoman, or, as others will have it, Amurath, who firft inftituted the order of janizaries. They were at firft called jaja, that is, feotmen, to diftinguiffi them from the other Turks, the troops whereof confifted moftly of cavalry. The number of janizaries is gene¬ rally above 40,000 ; divided into 162 companies or chambers called odas, in which they live together at Conllantinople as in a convent. They are of a fupe- rior rank to all other foldiers, and are alfo more arro¬ gant and factious, and it is by them that the public tranquillity is moftly difturbed. The government may therefore be faid to be in the hands of the janizaries. They have, however, fome good qualities : they are employed to efcort travellers, and efpecially ambaffa- dors and perfons of high rank, on the road ; in which cafe they behave with the utmoft zeal and fidelity. Janizaries, at Rome, are officers or penfioners of the pope, called alfo participantes, on account of certain rites or duties which they enjoy in the annates, bulls, or expeditions, and the Roman chancery.—Moft au¬ thors are miftaken in the nature of their office : the truth is, they are officers of the third bench or college of the Roman chancery. The firft bench confifts of writers, the fecond of abbreviators, and the third of janizaries ; who are a kind of correftors and revifors of she pope’s bulls. JANSEN, Cornelius, bifhop of Ypres, one of the moft learned divines of the 17th century, and princi- Janfoi. pal of the fed! called from his name Janfemfts. He ^anieni^s* was born in Holland of Catholic parents, and ftudied v——* at Louvain. Being fent into Spain to tranfaft fome bufinefs of confequence relating to the univerfity, the Catholic king, viewing w ith a jealous eye the intriguing policy of France, engaged him to write a book to ex- pofe the French to the pope as no good Catholics, fince they made no fcruple of forming alliances with Proteftant ftates. Janfen performed this talk in his Mars Gallicus ; and was rewarded with a mitre, being promoted to the fee of Ypres in 1635. He had, among other writings, before this, maintained a con- troverfy againft the Proteftants upon the points of grace and predeftination ; but his Avgujiinus was the principal labour of his life, on which he fpent above 20 years. See the next article. JANSENISTS, in Church Hiftory, a fe£t of the Roman Catholics in France, who followed the opinions of Janfenius, bilhop of Ypres, and doctor of divinity of the univerfities of Louvain and Douay, in relation -to grace and predeftination. In the year 1640, the tw-o univerfities juft mention¬ ed, and particularly Father Molina and Father Leonard Celfus, thought fit to condemn the opinions of the Je- fuits on grace and free-will. This having fet the con- troverfy on foot, Janfenius oppofed to the doftrine of the Jefuits the fentiments of St Auguftine and wrote a treatife on grace, which he entitled jlugufinus. This treatife was attacked by the Jefuits, who accufed Janfenius of maintaining dangerous and heretical opi¬ nions ; and afterwards, in 1642, obtained of Pope Ur-t ban VIII. a formal condemnation of the treatife written by Janfenius : ■when the partizans of Janfenius gave out that this bull was fpurious, and compofed by a per¬ fon entirely devoted to the Jefuits. After the death of Urban VIII. the affair of Janfenifm began to be more warmly controverted, and gave birth to an infi¬ nite number of polemical writings concerning grace. And what occafioned fome mirth, was the titles which each party gave to their writings j one writer publifti- ed The torch of St Augujhne, another found Snuffers for St Augufline's torch, and Father Veron formed A Gag for the Janfenijls, &c. In the year i€50, 68 bilhops of France fubferibed a letter to Pope Innocent X. to obtain an inquiry into and condemnation of the five following propofitions, extrafted from Janfenius’s Au- guftinus-. 1. Some of God’s commandments are im- poffible to be obferved by the righteous, even though they endeavour with all their pow-er to accomplifti them. 2. In the ftate of corrupted nature, we are in¬ capable of refilling inward grace. 3. Merit and de¬ merit, in a ftate of corrupted nature, do not depend on a liberty which excludes necelfity, but on a liberty which excludes conftraint. 4. The Semipelagians ad¬ mitted the necelfity of an inward preventing grace for the performance of each particular aft, even for the beginning of faith : but they were heretics in main¬ taining that this grace was of fuch a nature, that the will of man was able either to refift or obey it. It is- Semipelagianifm to fay, that Jefus Chrift died, or died his blood, for all mankind in general. In the year 1652, the pope appointed a congrega- • tion for examining into the difpute in relation to grace. In this congregation Janfenius was condemned 3 and the JAN t 3i 1 JAN Janfcnifts, the bull of condemnation, publilhed in May 1653, fill- Janffer.s. e(j the pU]pits in Paris with violent outcries and » alarms againfl: the herefy of the Janfenifts. In the year 1656, Pope Alexander VII. iffued out another bull, in which he condemned the five propofitions of Janfe- nlus. However, the Janfenifts affirm, that thefe pro¬ pofitions are not to be found in this book ; but that fome of his enemies having caufed them to be printed on a ffieet, inferted them in the book, ^nd thereby de¬ ceived the pope. At laft Clement XI. put an end to the difpute by his conftitution of July 17. 17055 in which, after having recited the conftitutions of his pre- deceffors in relation to this affair, he declares, “ That in order to pay a proper obedience to the papal confti¬ tutions concerning the prefent queftion, it is neceffary to receive them with a refpedlful filence.” The clergy of Paris, the fame year, approved and accepted this bull, and none dared to oppofe it. This is the famous bull Unigenitus, fo called from its beginning with the words Unigenitas Dei Films, &c. which has occafioned fo much confufion in Trance. JANSSENS, Abraham, hiftory-paiater, was born at Antwerp'in 1569. He was cotemporary with Ru¬ bens, and allb his competitor, and in many of the fineft parts of the art was accounted not inferior to that cele¬ brated mafter. It is reported, that having wafted his time and his fubftance by a life of diffipation and pleafure, and falling into neceflitous circumftances, which he imputed more to ill fortune than to his own negleft of his bufinefs, he grew envious at the grandeur in which Rubens appeared, and impatient at his merit and fuccefs ; and with peevifti infolence challenged him to paint a picture with him only for fame, which he was willing to fubmit to impartial judges. But Rubens rejefted the propofal, anfwering with modefty, that he freely fubmitted to him, and the world would certain¬ ly do juftice to them both. Sandrart, who had feen feveral of his works, affures us, that he not only gave a fine roundnefs and relief to his figures, but alfo fuch a warmth and clearnefs to the carnations, that they had all the look of real fleffi 5 and his colouring was as durable as it was beautiful, retaining its original luftre for a number of years. His moft capital performance is faid to be the refurreftion of Lazarus, which is in tlie cabinet of the eledfor Pa¬ latine, and is an objedf of admiration to all who behold it. Janssens, Viclor HowonW, hiftory-painter, was born at Bruffels in 1664, and was a difciple of one Volders, under, whofe diredlion he continued for feven years 5 m which time he gave many proofs of a genius far fu- perior to thofe who were inftru&ed in the fame fchool. He afterwards went to Rome, where he attended par¬ ticularly the works of Raphael ; he defigned after the antiques, and iketched the beautiful fcenes around that city 5 and in a ftiort time his paintings rofe in efteem, and the principal nobility of Rome were defirous to employ him. He affociated with Tempefta, the cele¬ brated land.fcape-painter, for feveral years, and painted the figures in the works of that great mafter as long as they refided together. Janffens compofed hiftorical fubjefls, both in a fmall md a large fize j but he found the demand for his unall pictures fo confiderable, that hs was induced to paint raoft frequently in that fize. During 11 years Janffens, he continued at Rome, which barely fufticed for his -fenuarms finiffiing thofe pictures fer which he was engaged 5 nor v " could he have even then been at his liberty, had he not limited himfelf to a number, and determined not to un¬ dertake more.—Returning to Bruffels, his performances were as much admired there as they had before been in Italy 5 but having married, and gradually become the father of 11 children, he was compelled to change his manner of painting in fmall, and to undertake only thofe of the large kind, as being more lucrative, more expeditious, and alfo more agreeable to his genius and inclination. He adorned moft of the churches and pa¬ laces of his own country with his compofitions.—The invention of this artift was fruitful 5 he defigned cor- reftly, his colouring is natural and pleafing, his pencil free, and the airs of hk heads have beauty and ele¬ gance. As to the difference between his large and fmall paintings, it is obferved, that in correffnefs and tafte they had an equal degree of merit 5 but the colouring of the former appears more raw and cold than the co¬ louring of the latter 5 and it is agreed, that for fmall hiftorical pi&ures, he was preferable to all the painters of his time. J anssen, Cornelius, called JoTmfon, an eminent pain¬ ter of portraits, was born at Amfterdam (though in the Chronological tables, and in Sandrart, it is impro¬ perly afferted that he was born in London), and he refided in England for feveral years 5 where he w as en¬ gaged in the fervice of King James I. and painted fe¬ veral excellent portraits of that monarch, as alfo of his children and of the principal nobility of his court. He had not the freedom of hand, nor the grace of Van- dyck ; but in other refpefts he was accounted his equal, and in the finifhing his pictures fuperior. His paint¬ ings are eafily diftinguilhed by their fmooth, clear, and delicate tints, and by that chara&er of truth and nature with which they are ftrongly marked. He ge¬ nerally painted on board ; and, for the moft part, his draperies are black 5 probably becaufe the oppofition of that tint made his flefti colours appear more beauti¬ fully bright, efpecially in his female figures. It is faid that he ufed a quantity of ultramarine in the bl^ck colours, as well as in his carnations 5 which may be one great caufe of their preferving their original luftre even to this day. Frequently he painted in a fmall fize in oil, and often copied his own works in that manner. His fame began to be fomewhat obfeured, on the arri¬ val of Vandyck in England 5 and the civil war break¬ ing out fome time after, induced him to return to his own country, where his paintings w'ere in the higheft efteem. He died in 1685. St JANUARIUS, the patron faint of Naples, where his head is occafionally carried in proceflion, in order to ftay the eruption of Vefuvius. The lique-. fa&ion of his blood is a famous miracle at Naples. The faint fuffered martyrdom about the end of the third century. When he was beheaded, a pious lady of Naples caught about an ounce of his blood, which has been carefully preferved in a bottle ever finee, without having loft a fingle grain of its weight. This of itfelf, were it equally demonftrable, might be con- fidered as a greater miracle than the circumftance on which the Neapolitans lay the whole ftrei’s, viz. that the blood which has congealed, and acquired a folid form JAN [ 32 ] JAN 'Jamiarius, form by age, Is no fooner brought near the head of the January. faint? than, as a mark of veneration, it immediately li- v quefies. This experiment is made three different times every year, and is confidered by the Neapolitans as a miracle of the firft magnitude. The fubftance in the bottle, which is exhibited for the blood of the faint, has been fuppofed to be fome- thing naturally folid, but which melts with a fmall degree of heat. When it is firft brought out of the •.cold chapel, it is in its natural folid ftate 5 but when brought before the faint by the prieft, and rubbed be¬ tween his warm hands and breathed upon for fome time, it melts 5 and this is the whole myftery. But Dr Moore, though he confeffes himfelf unable to ex¬ plain on what principle the liquefa&ion depends, is convinced that it muft be fomething different from this : “ For he had it (he informs us) from the moft fatisfadlory authority, from thofe who had opportuni¬ ties of knowing, and who believe no more in the mi¬ racle than the ftauncheft Proteftant, that, this con¬ gealed mafs has fometimes been found in a liquid ftate in cold weather, before it was touched by the prieft, or brought near the head of the faint j and that, on other occafions, it has remained folid when brought before him, notwithftanding all the efforts of the .prieft to melt it. When this happens, the fuperftitious, which, at a very moderate calculation, comprehends 99 in 100 of the inhabitants of this city, are thrown into the utmoft confternation, and are fometimes wrought up by their fears into a ftate of mind which is highly dangerous both to their civil and ecclefiaftical governors. It is true, that this happens but feldom : for, in general, the fubftance in the phial, whatever it fiiay be, is in a folid form in the chapel, and becomes liquid when brought before the faint: but as this is not always the cafe, it affords reafon to believe, that what¬ ever may have been the cafe when this miracle or trick, call it which you pleafe, was firft exhibited, the principle on which it depends has fomehow or other been loft, and is not now underftood fully even by the priefts themfelves 5 or elfe they are not now fo expert as formerly, in preparing the fubftance which reprefents the faint’s blood, fo as to make it remain folid when it ought, and liquefy the inftant it is required.’.’ The head and blood of the faint are kept in a kind of prefs, with folding doors of filver, in the chapel^ of St Januarius belonging to the cathedral church. The real head is probably not fo frefti and well preferved as the blood. On that account, it is not expofed to the eyes of the public ; but is inclofed in a large filver buft, gilt and enriched with jewels of high value. This being what appears to the people, their idea of the faint’s features and complexion are taken entirely from the buft.—The blood is kept in a fmall repofitory by itfelf. JANUARY, the name of the firft month of the year, according to the computation now ufed in the weft. The word is derived from the Latin Januarius^ -a name given it by the Romans from Janus, one of their divinities, to whom they attributed two faces, becaufe on the one fide the firft day of January looked towards the new year, and on the other towards the old one. The word Januarius may alfo be derived from janua, “ gate in regard this month being the firft, is, as it were, the gate of the year. January and February were introduced into the year January, by Numa Pompilius ; Romulus’s year beginning in the Jatms- month of March.—The kalends, or firft day of this "¥ month, was under the prote£lion of Juno, and in a pe¬ culiar manner confecrated to Janus by an offering of a cake made of new meal and new fait, with new frank- incenfe and new wine. On the firft day of January a beginning was made of every intended work, the con- fuls eleft took poffeffion of their office, who, with the flamens, offered facrifices and prayers for the profperi- ty of the empire. On this day all animofities were fuf- pended, and friends gave and received new year’s gifts, called Strence. On this day too the Romans above all things took care to be merry and divert themfelves, and oftentimes fuch a fcene of drunkennefs was exhibited, that they might with propriety enough have diftin- guilhed it with the name of All-fools day. The Chriftians heretofore fafted on the firft day of January, by way of oppofition to the fuperftitions and debaucheries of the heathens. JANUS, in the heathen worfliip, the firft king of Italy, who, it is faid, received Saturn into his domi¬ nions, after his being driven from Arcadia by Jupiter. He tempered the manners of his fubjefts, and taught them civility; and from him they learned to improve the vine, to fow corn, and to make bread. After his death, he was adored as a god. This deity was thought to prefide over all new un¬ dertakings. Hence, in all facrifices, the firft libation, of wine and wheat were offered to Janus, all prayers prefaced with a ftiort addrefs to him j and the firft month of the year was dedicated to and named from him. See January. Janus was reprefented with two faces, either to de¬ note his prudence, or that he views at once the pail and approaching years j he had a fceptre in his right hand, and a key in his left, to fignify his extenfive au¬ thority, and his invention of locks. Though this is properly a Roman deity, the abbe la Pluche reprefents it as derived from the Egyptians, who made known the rifing of the dog-ftar, which opened their folar year, with an image with a key in its hand, and two faces, one old and the other young, to typify the old and new year. Temple of JANUS, in ancient hiftory, a fquare build¬ ing at Rome (as fome fay) of entire brafs, ere&ed by* Romulus, and fo large as to contain a ftatue of Janus five feet high, with brazen gates on each fide,, which were always kept open in time of war, and fliut in time of peace. But the Romans were fo much engaged in war, that this temple was (hut only twice from the foundation of Rome till the reign of Auguftus, and fix times afterwards. It was firft fluit during the long reign of Numa, who inftituted this ceremony. 2. In the year of the city 519, after the end of the firft Punic war. 3. By Auguftus after the battle of Actium, in the year of Rome 725. 4. On Auguftus’s return from the war which.he had againft the Cantabrians in Spain, in the year of Rome 729. 5. Under the fame emperor, in 744, about five years before the birth of Chrift, when there was a general peace throughout the whole Ro¬ man empire, which lafted 12 years. 6. Under Nero, 811. 7. Under Vefpafian, 824. 8. Under Conftan- tius, when, upon Magnentius’s death, he was leit foie poffeffor of the empire, 1105. Some difpute the authority JAP r 33 ] JAP Janus, authority on which it is faid to have been (hut by Con- which are commonly followed by hard frofls. Japan, ftantius, and fay that the laft time of its being (hut under Gordian, about the year of Rome was under uoraian, aoout tne year ot Home 994. Virgil gives us a noble defcription of this cuftom, JEn. lib. iii. ver. 607. The origin of this cuftom is not certainly known. Janus was alfo the name of a ftreet in Rome, inha¬ bited for the moft part by bankers and ufurers. It was fo called from two ftatues of Janus which were erefted there, one at the top, the other at the bottom, of the ftreet. The top of the ftreet was therefore called Ja¬ nus Summus, the bottom Janus Imus, and the middle Janus Medius. Hence Horace, lib. i. epift. 1. Hcec Janus fummus ab imo perdocet. And Sat. 3. Lib. 2. -Poftquam omnis res mea Janum Ad medium fraBa eft.——— JAPAN, a general name for a great number of illands lying between the eaftern coaft of Alia and the weftern coaft of America, and which all together form a large and powerful empire. They extend from the 30th to the 41ft degree of north latitude, and from the 130th to the 147th of eaft longitude. Were South and North Britain divided by an arm of the fea, Japan might be moft aptly compared to Eng¬ land, Scotland, and Ireland, with their refpe&ive fmaller i(lands, peninfulas, bays, channels, &c. all under the fame monarch. The Europeans call the empire Japan ; but the in¬ habitants Niplwn, from the greateft iftand belonging to it; and the Chinefe Ciphon, probably on account of its eaftern fituation; thefe names fignifying, in both languages, the Bafis or Foundation of the Sun. It was full dilcovered by the Portuguefe about the year of Chrift 1542. Moft of the iflands which compofe it are furrounded with fuch high craggy mountains, and fuch (hallow and boifterous feas, that failing about them is extreme¬ ly dangerous j and the creeks and bays are choked up with fuch rocks, (helves, and fands, that it looks as if Providence had defigned it to be a kind of little world by itfelf. Thefe feas have likewife many dan¬ gerous whirlpools, which are very difficult to pafs at low water, and will fuck in and fwallow up the largeft veflels, and all that comes within the reach of their vortex, dafliing them againft the rocks at the bottom •, infomuch that fome of them are never feen again, and others thrown upon the furface at fome miles diftance. Some of thefe whirlpools alfo make a noife terrible to hear. The Chinefe pretend that the Japan iflands were firft peopled by themfelves: but it is more probable that the original inhabitants were a mixture of different nations, driven thither by thofe tempeftuous feas, at different times. As thefe iflands lie in the fifth and fixth climates, they would be much hotter in fummer than England, Were not the heats refreflied by the winds which conti¬ nually blow from the fea around them, and to which they are much expofed by the height of their fitua- tion. this circumftance, however, not only renders t eir winters exceftively cold, but the feafons more in- conftant. They have great falls of fnow in winter, Vol. XL Part I. ’ The rains in fummer are very violent, efpecially in the months of June and July, which on that account are called fat-fuki, or water-months. The country is al¬ fo much fubjedl to dreadful thunders and lightnings, as well as ftorms and hurricanes, which frequently do a great deal of damage. The foil, though naturally barren and mountainous, by the induftry of the inhabitants, not only fupplies them with every neceffary of life, but alfo furnifties other countries with them •, producing, befides corn, the fineft and whited rice and other grains, with a great variety of fruits, and vaft numbers of cattle of all forts. Befides rice, and a fort of wheat and bar¬ ley, with twm forts of beans, they have Indian wheat, millet, and feveral other kinds in great abundance. Their feas, lakes, and rivers, abound with fi(h j and their mountains, woods, and forefts, are well (locked with horfes, elephants, deer, oxen, buffaloes, (heep, hogs, and other ufeful animals. Some of their moun¬ tains alfo are enriched with mines of gold, filver, and copper, exquifitely fine, befides tin, lead, iron, and various other minerals and foflils \ whilft others abound with feveral forts of marble and precious (tones. Of thefe mountains, fome may be juftly ranked among the natural rarities of the country } one, in particu¬ lar, in the great ifland of Niphon, is of fuch prodi¬ gious height as to be eafily feen forty leagues off at fea, though its diftance from the fliore is about eigh¬ teen. Some authors think it exceeds the famous Peak of Teneriffe 5 but it may rather be called a clufter or group of mountains, among which are no lefs than eight dreadful volcanoes, burning with incredible fury, and often laying wafte the country round about them : but, to make fome amends, they afford great variety of medicinal waters, of different degrees of heat j one of thefe, mentioned by Varenius, is faid to be as hot as burning oil, and to fcorch and confume every thing thrown into it. The many brooks and rivers that have their fources among the mountains, form a great number of delight¬ ful cafcades, as wrell as fome dreadful catarafts. A* mong the great variety of trees in the forefts here, the cedars exceed all of that kind through India, for ftraightnefs, height, and beauty. They abound in mofl: of the iflands, efpecially the largeft. Their feas, befides fiffi, furnilh them with great quan¬ tities of red and white coral, and fome pearls of great value, befides a variety of fea plants and (hells ; which laft are not inferior to thofe that are brought from Am- boyna, the Molucca and other eafterly iflands. The vaft quantity of fulphur with which moft of the Japan iflands abounds, makes them fubjefl to fre¬ quent and dreadful earthquakes. The inhabitants are fo accuftomed to them, that they are fcarcely alarmed at any, unlefs they chance to be very terrible indeed, and lay whole towns in ruins, which very often proves the cafe. On thefe occafions, they have recourfe to extraordinary facrifices, and a&s of worftiip, to their deities or demons, according to the different notions of each feift, and fometimes even proceed to offer hu¬ man vidlims; but in this cafe they only take fome of the vileft and mod abandoned fellows they can meet with, becaufe they are only facrificed to the malevo¬ lent deities. E The Japan. /— JAP [ 34 J JAP The religion throughout Japan, it is well known, is in hiftory, whereby the religion they preached, and ail Japan. Pagan, fplit into feveral feds, who live together in the thofe that profeffed it, were in a few years time entirely u-—-v~- greateft harmony. Every fed has its own temples and exterminated.”—The fathers had made a progrefs fo priefts. The fpiritual emperor, the Dairi, is the chief great, that the princes of Bungu, Arima, and Omura, of their religion. They acknowledge and honour a who had been baptized, “ fent, in the year 1582, feme Supreme Being. The author of this relation (Dr of their neareft relations, with letters and prefents to Thunberg) faw two temples of the God of gods of a pay homage to the then pope, Gregory XIII. and majeftic height. The idol that reprefented this god to affure his holinefs of their filial fubmiffion to the was of gilded wood, and of fo prodigious a fize, that church ; an account of which molt celebrated embalTy upon his hands fix perfons might fir in the Japanefe hath been given in the works of that incomparable falhion ; his ihoulders were five toifes broad. In the hiftorian Thuanus, and by many other Roman Catholic other temple, the infinite power of this god was repre- writers.” fented by little gods to the number of 33,333, all Hand- But notwithftanding this pleafing profpeft, the em- ing round the great idol that reprtfented God. The peror, anno 1586, iffued proclamations for the fuppref- prielts, who are numerous in every temple, have nothing fion of the religion, and the perfecution began. This, to do but to clean the pavement, light the lamps, and however, at firlt had not that effedt which the govern- drefs the idol with flowers. The temples are open to ment expefted 5 for though, according to the letters of every body, even to the Hollanders j and in cafe they the Jefuits, 20,570 perfons fuffered death for the faith are in want of a lodging in the fuburbs, when they go of Chrift in the year 1590 only, yet in 1591 and 1592, to the court of Jeddo, they are entertained with hofpi- when all the churches were aftually (hut up, they made tality in thefe temples. 12,000 new converts. The bufinefs was finally con- The Roman Catholic religion had once made a eluded by the maffacre at Simabara, about the year confiderable progrefs in this country, in confequence 1640. The reafons of the emperor’s proclamations, of a miflion conduced by the Portuguefe and Spa- making it death to embrace the religion, were as Jiifh Jefuits*, among whom the famous Saint Fran- follow': 1. The new religion oceafioned confiderable cis Xavier was employed, but foon relinquilhed the fer- alterations in the Japanefe church, and was prejudi- vice. There were alfo fume Francifcan friars of Spain cial in the higheft degree to the heathen clergy. 2. It engaged at laft. The Jefuits and friars were fupplied was feared the innovation in religion might be attended from Goa, Macao, and the Manilhas. At firft the un- with fatal confequences even in regard to the ftate j but dertaking proceeded with the moft rapid fuccefs, but what more immediately gave rife to them was, as the ended at laft in the moft tragical manner, all owdng to Japanefe of credit confeffed to Dr Kempfer, pride and the pride and haughtinefs, the piifconduft, rapacity, covetoufnefs j pride among the great ones, and cove- and fenfelefs extravagant confpiracy of the fathers againft toufnefs in people of lefs note j the fpiritual fathers the ftate. This folly and madnefs produced a perfecu- aiming not only at the falvation of their fouls, but ha- tion of 40 years duration, terminated by a moft hor- ving an eye alfo to their money and lands, and the mer- rible and bloody maffacre, not to be paralleled in hif- chants difpofing of their goods in the moft ufurious and tory. After this the Portuguefe, as likewife the Chri- unreafonable manner. To confine ourfelves to the cler- ftian religion, were totally expelled the country, and gy here : they “ thought k beneath their dignity to walk the moft effectual means taken for preventing their re- on foot any longer •, nothing would ferve them but they turn. The natives are for this purpefe prohibited from muft be carried about in ftately chairs, mimicking the going out of the country •, and all foreigners are exelu- pomp of the pope and his cardinals at Rome. They not ded from an open and free trade j for as to the Dutch, only put themfelveson an equal footing with the greateft and Chinef^, under which laft name fome other eaftern men of the empire, but, fw'elled with ecclefiaftica! pride, nations go thither, they are Ihut up whilft they remain fancied that even a fuperior rank was nothing but their there, and a moft Ariel watch is fet upon them, infomuch due. It one day happened, that a Portuguefe biftiop that they are no better than prifoners ; and the Dutch, met upon the road one of the counfellors of ftate on his it is faid, to obtain a privilege even fo far, declared way to court. The haughty prelate would not order themfelves to. be no Chri/lians, but Dutchmen. This ca- his chaife to be flopped, in order to alight and to pay lumny, however, Dr Kempfer has endeavoured to wipe his rel’pedls to the great man, as is ufual in that coun- off, but not altogether to fatisfa&ion. try •, but without taking any notice of him, nay, indeed It was about the year of Chrift J549, or fix years af- w ithout fliowing him fo much as common marks of ci- ter the firft difeovery, that the fathers of the fociety ar- vility, he very contemptuoufly bid his men carry him rived there, being induced by the favourable reprefen- by. The great man, exafperated at fo fignal an affront, tations of a young Japanefe who had fled to Goa. thenceforward bore a mortal hatred to the Portuguefe, Till the year 1625, or near 1630, the Chriftian reli- and, in the height of his juft refentment, made his com-r gion fpread through moft of the provinces of the em- plaint to the emperor himfelf, with fuch an odious pic- pire, many of the princes and lords openly embracing it j ture of the infolence, pride, and vanity of this nation, and “ there was very good reafon to hope, that within as he expefled could not but raife the emperor’s utmoft a fiiort compafs of time the w’hole empire wmuld have indignation.” This happened in 1566. The next year been converted to the faitli of our Saviour, had not the the perfecution began anew, and 26 perfons, of the num- ambitious views, and the impatient endeavours of the feer whereof were two foreign Jefuits, and feveral ether fathers to reap the temporal as well as the fpiritual fathers of the Francifcan order, were executed on the fruits of their care and labour, fo provoked the fupreme crofs. The emperor Jiojas had ufurped the crown on majefty of the empire as to raife againft themfelves and his pupil Tidajori, w'ho, as likewife the greater part of their converts a perfecution whic)^ hath not its parallel his court and party* had been either Chriftians them- felves3 JAP [ 35 1 JAP Japan, felves, or at ieaft very favourably inclined to that re- ligion $ fo that reafons of ftate mightily co-operated to forward the perfecution. Some Francifcan friars, whom the governor of the Manilhas had lent as his ambalTadors to the emperor of Japan, were guilty at this time of a moft imprudent ftep : they, during the whole time of their abode in the country, preached openly in the flreet of Meaco where they refided j and of their own accord built a church, contrary to the imperial commands, and contrary to the advice and earneft felicitations of the Jefuits. Some time after, a difeovery of a dangerous confpi- racy, which the fathers, and the yet remaining adhe¬ rents of their religion, entered into againft the perfon of the emperor as a heathen prince, put a finifhing ftroke to the affair, and haftened the fentence w hich was pronounced foon after, t/iat the Portuguefe Jhou/dfor ever be banifhed the emperor's dominions ; for till then the ftate feemed defirous to fpare the merchants and fe- cular perfons, for the purpofe of continuing trade and commerce with them, which was looked upon as an af¬ fair independent of religion. The affair of the confpi- racy was as follows: the Dutch had had an eye to the trade of Japan before 1600, and in 1611 had liberty of a free commerce granted them by the imperial letters patent, and had adlually a fadlory at Firando. The Dutch were then at war with Spain, which was then fovereign of the Portuguefe dominions $ fo that it was natural for them to be trying to fupplant them. The Portuguefe, on their parts, made ufe of all malicious in¬ ventions to blacken their charafters, calling them re¬ bels and pirates, whence it was natural for the Dutch to endeavour to clear, and even to revenge themfelves. Now they “ took an homeward-bound Portuguefe (hip -near the Cape of Good Hope, on board of which they found ibme traitorous letters to the king of Portugal, written by one Captain More, who was chief of the -Portuguefe in Japan, himfelf a Japanefe by birth, and a great zealot for the Chriftian religion. The Dutch took fpecial care to deliver the faid letters to their pro- tedfor the prince of Firando, who communicated them without lofs of time to the governor of Nagafaki, a great friend to the Portuguefe. Captain Moro having been taken up, boldly, and with great affurance, denied the fadt, and fo did all the Portuguefe then at Nagafa- k.i. However, neither the governor’s favour, nor their conftant denial, were able t© clear them, and to keep off the cloud which was ready to break over their heads. Hand and feal convinced them ; the letter w as fent up to court, and Captain Moro fentenced to be burnt alive on a pale, which was executed accordingly. This let¬ ter laid open the whole plot which the Japanefe Chri- ftians, in conjumftion with the Portuguefe, had laid againft the emperor’s life and throne } the wrant they flood in of (hips and foldiers, which werepromifed them from Portugal j the names of the Japanefe princes con¬ cerned in the confpiracy j and laftly, to crown all, the expedlation of the papal blefling. This difeovery made by the Dutch was afterwards confirmed by another let¬ ter written by the faid Captain Moro to the Portuguefe government at Macao, which was intercepted and brought to Japan by a Japanefe fhip.” Confidering this, and the fufpicxons which the court had then already conceived agaiuft the Portuguefe, it was no difficult matter thoroughly to ruin the little cre¬ dit and favour they had as yet been able to prefeive j Japan, and the rather, fince the ftridh imperial orders notwith-—v— (landing, they did not leave off privately to bring over more ecclefiaftics. Accordingly, in the year 1637, an imperial proclamation wras fent to the governors of Na¬ gafaki, with orders to fee it put in execution. It was then that the empire of Japan was ftiut for ever both to foreigners and natives. Now, although the governors of Nagafaki, on receipt of thefe commands, took care they ftiould be obeyed, yet the directors of the Portuguefe trade maintained themfelves in Japan two years longer, hoping to obtain leave to flay in the ifland of Defima, and there to con¬ tinue their trade. But they found themfelves at laft wholly difappointed ; for the emperor was refolved to get rid of them j and on affurance given him by the Dutch Fall India company that they would fupply for the future what commodities had been imported by the Portuguefe, he declared the Portuguefe and the Cafti- lians, and whoever belonged to them, enemies of the empire, forbidding the importation of even the goods of their country, Spanifh wines only excepted, for the ufe of the court. And thus the Portuguefe loft their profitable trade, and commerce with Japan, and were totally expelled the country before the latter end of the year 1639 or 1640 : and thus ended the fruitlefs popilh million in this empire, for the Portuguefe have never been able to reftore thcmfelves 5 and the Dutch have it not in their power to do any one thing in Favour of religion, were they fo inclined ; but, as it appears, they are very indifferent as to that, and are in but little cre¬ dit with the Japanefe. According to Dr Thunberg’s refearches, the Japa¬ nefe have never been fubdued by any foreign power, not even in the moft remote periods 5 their chronicles contain fuch accounts of their valour, as one would ra¬ ther incline to confider as fabulous inventions than ac¬ tual occurrences, if later ages had notfurnifhed equally ftriking proofs of it. When the Tartars, for the firlt time in 79°> hacl overrun part of Japan, and when, after a confiderable time had elapfed, their fleet was deftroyed by a violent ftorm in the courfe of a Angle night, the Japanefe general attacked, and fo totally de¬ feated his numerous and brave enemies, that not a Angle perfon furvived to return and carry the tidings of fuch an unparalleled defaat. In like manner, when the Japa¬ nefe were again, in 1281, invaded by the w arlike Tar¬ tars, to the number of 240,000 fighting men, they gain¬ ed a vidtory equally complete. The extirpation of the Portuguefe, and with them of the Chriftian religion, towards the beginning of the 17th century, as already mentioned, was fo complete, that fcarce a veftige can now be difeerned of its ever having exifted there. With relpedl to the government of thefe iflands, it is and has been for a long time monarchical; though formerly it feems to have been fplit into a great num¬ ber of petty kingdoms, which were at length all fwal- lowed by one. The imperial dignity had been en¬ joyed for a confiderable time before the year 1500, by a regular fucceffion of princes, under the title of dairos, a name fuppofed to have been derived from Dairo the head of that family. . Soon afte-r that epoch, inch a dreadlul civil war broke out, and lafted fo many years, that the empire was quite ruined. Du¬ ring thefe diftradlions and confufions, a common fol- E 2 dit r, JAP [ i Japan, dier, by name Tayckoy, a perfon of obfcure birth, but of an enterprifing genius, found means to raife himfelf to the imperial dignity ; having, in little more than three years time, by an uncommon ftiare of good fortune, fubdued all his competitors and opponents, and reduced all their cities and caftles. The dairo not being in a condition to obftruct or put a flop to his progrefs, was forced to fubmit to his terms j and might perhaps have been condemned to much harder, had not Tayckoy been apprehenfive left his foldiers, who ftill revered their ancient natural monarch, fhould have revolted in his favour. To prevent this, he grant¬ ed him the fupreme power in all religious matters, with great privileges, honours, and revenues annexed to it j whilft himfelf remained invefted with the whole civil and military power, and was acknowledged and pro¬ claimed king of Japan. This great revolution hap¬ pened in 1517, and Tayckoy reigned feveral years with great wifdom and tranquillity ; during which he made many wholefome laws and regulations, which ftill fubfift, and are much admired to this day. At his death, he left the crown to his fon Tayckoffama, then a minor j but the treacherous prince under w-hofe guar- dianfhip he was left deprived him of his life before he came of age. By this murder, the crown pafled to the family of Jejaffama, in which it ftill continues. Tayc¬ koy and his fucceiTors have contented themfelves with the title of cubo, which, under the dairos, was that of prime minifter, whofe office is now fuppreffed \ fo that the cubo, in all fecular concerns, is quite as abfolute and defpotic, and has as extenfive a pow'er over the lives and fortunes of all his fubje&s, from the petty kings down to the loweft perfons, as ever the dairos had. The dairo refides conftantly at Meaco, and the cubo at Jeddo. The inhabitants of Japan are w^ell-grown, agile, and aftive, and at the fame time ftout-limbed, though they do not equal in ftrength the northern inhabitants of Europe. The colour of the face is commonly yellow j which fometimes varies to brown, and fometimes to white. The inferior fort, who during their work in fummer have often the upper parts of the body naked, are fun-burnt and browner j women of diftindKon, who never go uncovered into the open air, are perfedlly white. The national character confifts in intelligence and prudence, franknefs, obedience, and politenefs, good¬ nature and civility, curiofity, induftry, and dexterity, economy and fobriety, hardinefs, cleanlinefs, juftice and uprightnefs, honefty and fidelity •, in being alfo miftruftful, fuperftitious, haughty, refentful, brave and invincible. In all its tranfaclions, the nation ffiowrs great intel¬ ligence, and can by no means be numbered among the favage and uncivilized, but rather is to be placed among the polilhed. The prefent mode of govern¬ ment, admirable Ikill in agriculture, fparing mode of life, V’ay of trading with foreigners, manufaftures, &c. afford convincing proofs of their cunning, firmnefs, and intrepid courage. Here there are no appearances of that vanity fo common among the Afiatics and A- fricans, of adorning themfelves with ffiells, glafs-beads, and poliffied metal plates: neither are they fond of the ufelefs European ornaments of gold and filver lace, jewels, &c. but are careful to provide themfelves, from 6 ] JAP the productions of their own country, with neat clothes, well-tafted food, and good weapons. Their curiofity is exceffive ; nothing imported by the Europeans efcapes it. They alk for information con¬ cerning every article, and their queftions continue till they become wearifome. It is the phyfician, among the traders, that is alone regarded as learned, and par¬ ticularly during the journey to court and the refidence at Jeddo, the capital of the empire, that he is regarded as the oracle, which they truft can give refponfes in all things, whether in mathematics, geography, phyfics, chemiftry, pharmacy, zoology, botany, medicine, &c. Economy has its peculiar abode in Japan. It is a virtue admired as well in the emperor’s palace as in the meaneft cottage. It makes thofe of fmall poffeffions content with their little, and it prevents the abundance of the rich from overflowing in excefs and voluptuouf- nefs. Hence it happens, that what in other countries is called fcarcity and famine, is unknown here ; and that, in fo very populous a ftate, fcarce a perfon in ne- ceffity, or a beggar, fhould be found. The names of families, and of Angle perfons, are under very different regulations from ours. The family name is never changed, but is never ufed in ordinary converfation, and only when they fign feme writing ; to which they alfo for the moft part affix their feal. There is alfo this peculiarity, that the furname is al¬ ways placed firft ; juft as in botanical books the generic name is always placed before the fpecific name. The praenomen is always ufed in addreffing a perfon \ and it is changed feveral times in the courie of life. A child receives at birth from its parents a name, which is re¬ tained till it has itfelf a fon arrived at maturity. A perfon again changes his name when he is invefted with any office ; as alfo when he is advanced to a higher truft : fome, as emperors and princes, acquire a new name after death. The names of women are lefs vari¬ able ’y they are in general borrowed from the moft beau¬ tiful flowers. After marriage, the wife is confined to her own apartment, from whence {he hardly ever ftirs, except once a-year to the funeral-rites of her family 5 nor is {lie permitted to fee any man, except perhaps lome very near relation, and that as feldorn as can be. The wives, as well as in China and other parts of the eaft, bring no portion with them, but are rather bought by the huflband of their parents and relations. The bride¬ groom moft commonly fees bis bride for the firft time upon her being brought to his houfe from the place of the nuptial ceremony : for in the temple where it is performed {he is covered over W’ith a veil, which reach¬ es from the head to the feet. A hulhand can put his wives to a more or lefs fevere death, if they give him the leaft caufe of jealoufy, by being feen barely to con- verfe with another man, or fuffering one to come into their apartment. The drefs of the Japanefe deferves, more than that of any other people, the name of national; fince they are not only different from that of all other men, but are alfo of the fame form in all ranks, from the mo¬ narch to his meaneft fubjeeft, as well as in both fexes $ and what exceeds all credibility, they have not been altered for at leaft 2444 years. They univerfally con- fift of night-gowns, made long and wide, of which fe¬ veral Japan, JAP [ 37 J JAP japan, veral are worn at once by all ranks and all ages. The —v—more diftiivguilhed and the rich have them of the fineft filk 5 the poorer fort of cotton. Thofe of the women reach down to the ground, and fometimes have a train v in the men, they reach down to the heels : travellers, foldiers, and labourers, either tuck them up, or wear them only down to the knees. The habit of the men is generally of one colour : the women have theirs va¬ riegated, and frequently with flowers of gold interwo¬ ven. In fummer, they are either without lining, or have but a thin one j in winter they are fluffed to a great thicknefs with cotton or filk. The men feldom wear a great number •, but the women thirty, fifty, or more, all fo thin, that they fcarce together amount to five pounds. The undermoft ferves for a fliirt, and is therefore either white or blue, and for the moft part thin and tranfparent. All thefe gowns are fattened round the waitt with a belt, which in the men are about a hand’s-breadth, in the women about a foot $ of fuch a length that they go twice round the waift, and after¬ wards are tied in a knot with many ends and bows. The knot, particularly among the fair fex, is very con- fpicuous, and immediately informs the fpe&ator whe¬ ther they are'•married or not. The unmarried have it behind, on their back j the married before. In this belt the men fix their fabres, fans, pipe, tobacco, and medicine boxes. In the neck the gowns are always cut round, without a collar j they therefore leave the neck bare •, nor is it covered with cravat, cloth, or any thing elfe. The fleeves are always ill made, and out of all proportion wide : at the opening before, they are half fevved up, fo that they form a fack, in which the hands can be put in cold weather $ they alfo ferve for a pock¬ et. Girls in particular have their fleeves fo long that they reach down to the ground. Such is the fimplicity of their habit, that they are foon dreffed j and to un- drefs, they need only open their girdle and draw in their arms. As the gowns, from their length, keep the thighs and l£gs warm, there is no occafion for ftockings j nor do they ufe them in all the empire. Among poorer perfons on a journey, and among foldiers, who have not fuch long gowns, one fees bufkins of cotton. Shoes, or, more properly fpeaking, flippers, are of all that is worn by the Japanefe, the fimpleft, the meaneft, and the moft miferable, though in general ufe among high and low, rich and poor. They are made of in- ■« terwoven rice-ftraw ; and fometimes, for perfons of dif- tin&ion, of reeds fplit very thin. They confift only of a foie, without upper leathers or quarters. ' Before, there paffes over, tranfverfely, a bow of linen, of a finger’s breadth : from the point of the flioe to this bow goes a thin round band, which running within the great toe, ferves to keep the flioe fixed to the foot. The fhoe being without quarters, Aides, during walking, like a flipper. Travellers have three bands of twifted ftraw, by which they fatten the ftioe to the foot and leg, to prevent its falling off. The Japanefe never en¬ ter their houfes with fhoes, but put them off in the en¬ trance. This precaution is taken for the fake of their neat carpets. During the time the Dutch refide in Ja¬ pan, as they have fometimes occafion to pay the natives vifits in their houfes, and as they have their own apart¬ ment at the faflory covered with the fame fort of car¬ pets, they do not wear European ftioes, but have in 3 o their ftead red, green, or black flippers, which can ea- Japaa. fily be put off at entering in. They, however, wear ‘ ■ \ ftockings, with ftioes of cotton, fattened by buckles. Thefe fhoes are made in Japan, and may be vafhed whenever they become dirty. The way of drefling the hair is not lefs peculiar to this people, and lefs univerfally prevalent among them, than the ufe of their long gowns. The men (have the head from the forehead to the neck j and the hair re* maining on the temples, and in the nape, is well be- fmeared with oil, turned upwards, and then tied with a white paper thread, which is wrapped round feverai times. The ends of the hair beyond the head, are cut crofs-ways, about a finger’s length being left. This part, after being patted together with oil, is bent in fuch a manner that the point is brought to the crown of the head $ in which fituation it is fixed by pafling the fame thread round it once. Women, except fuch as happen to be feparated from their hufbands, (have no part of their head. The head is never covered with hat or bonnet in. winter or in fummer, except when they are on a jour¬ ney j and then they ufe a conical hat, made of a fort of grafs, and fixed with a ribband. Some travelling women, who are met with on the roads, have a bonnet like a {having bafon inverted on the head, which is made of cloth, in which gold is interwoven. On other occafions, their naked heads are preferved, both from rain and the fun, by umbrellas. Travellers, moreover, have a fort of riding-coat, made of thick paper oiled. They are worn by the upper fervants of princes, and the fuite of other travellers. Dr Thunberg and his fellow-travellers, during their journey to court, were obliged to provide fuch for their attendants when they paffed through the place where they are made. A Japanefe always has his arms painted on one or more of his garments, efpecially on the long and fhort gowns, on the fleeves, or between the fhoulders •, fo that nobody can fleal them j which otherwife might eafily happen in a country where the clothes are fo much alike in fluff, fliape, and fize. The weapons of the Japanefe confift of a bow and ar¬ rows, fabre, halbert, and mufket. The bows are very large, and the arrows long, as in China. When the bows are to be bent and difcharged, the troop always refts on one knee, which hinders them making a fpeedy difcharge. In the fpring the troops affemble to praftife fhooting at a mark. Mulkets are not general; Dr Thunberg only faw them in the hands of perfons of di- ftinftion, in a feparated and elevated part of the audi¬ ence room. The barrel is of the common length j but the flock is very {hort, and there is a match in the lock. The fabre is their principal and beft -weapon, which is univerfally worn, except by the peafants. They are commonly a yard long, a little crooked, and thick in the back. The blades are of an incomparable goodnefs, and the old ones are in very high efteem, . They are far fuperior to the Spanilh blades fo celebrat¬ ed in Europe. A tolerably thick nail is eafily cut in two without any damage to the edge j and a man, ac¬ cording to the account of the Japanefe, may be cleft afunder. A feparate fafti is never ufed, but the fword is ftuck in the belt, on the left fide, with the edge up¬ wards, which to a European appears ridiculous. All i perfons in office wear two fuch fabres, one of their own, . and 1 > JAP [ 38 ] JAP fopan. and the other the /word of office, as it is called *, the latter is always the longer. Both are worn in the belt on the fame fide, and fo difpofed as to crofseach other. When they are fitting, they have their fword of office laid on one fide or before them. The fciences are very far from having arrived at the fame height in Japan as in Europe. The hiftory of the country is, notwithftanding, more authentic, perhaps, than that of any other country 5 and it is ftudied, with¬ out diftindtion, by all. Agriculture, which is confider- ed as the art mofl neceffary, and moll conducive to the fupport and profperity of the kingdom, is nowhere in the world brought to fuch perfedtion as here j where neither civil nor foreign war, nor emigration, diminifhes population 5 and where a thought is never entertain¬ ed, either of getting poffeflion of other countries, or to import the ufelefs and often hurtful produdlions of fo¬ reign lands} but where the utmoft care is taken that no turf lies uncultivated, and no produce of the earth unemployed. Aftronomy is purfuedand refpedled j but e iubjeCt they aie "v l'1 upon, whether fublime, familiar, or low j and to the quality, and fex, both of the fpeaker and perfon fpoken to. The Japanefe are commonly very ingenious in moft handicraft trades; and excel even the Chinefe in fe- veral manufactures, particularly in the beauty, good- nefs, and Variety of their Iriks, cottons, and other fluffs, and in their Japan and porcelain wares. No eaftern nation comes up to them in the tempering and fabricating of fcimitars, fwords, mufkets, and other fuch weapons. The Japanefe architecture is much in the fame tafte and ftyle as that of the Chinefe, efpecially as to their temples, palaces, and other public buildings j but in private ones they affeCt more plainnefs and neatnefs than (how. Thefe laft are of wood and. cement, con- fifting of two ftories: they dwell only in the lower •, the upper chamber ferving for wardrobes. Xhe roofs are covered with rufh-mats three or four inches thick. In every houfe there is a fmall court, ornamented with trees, fhrubs, and flower-pots; as likewife with a place for bathing. Chimneys are unknown in this country, although fire is needed from the cold month of Octo¬ ber till the end of March. They heat their rooms with charcoal contained in a copper ftove, which they, fit round. Their cities are generally fpacious, having each a prince or governor refiding in them. 1 he capi¬ tal of Jeddo is 2i French leagues in circumference. Its flreets are straight and large. There are gates at little diftances, with an extremely high ladder, which they afcend to difcover fires. Villages differ from cities in having but one ftreet; which often extends feveral leagues. Some of them are fituated fo near each other, that they are only feparated by a river or a. bridge. The principal furniture of the Japanefe confifts in ftraw- ftiats, which ferve them for feats and beds j a fmall ta¬ ble for every one who choofes to eat is the only move- able. The Japanefe fit always upon their hams. Be¬ fore dinner begins, they make a profound bow and drink to the health of the guefts. The women eat by themfelves. During the courfes, they drink a glafs of fakki, which is a kind of beer made of rice kept con- ftantly warm j and they drink at each new morfel. Tea and fakki are the moft favourite drink of this people j w ine and fpirits are never ufed, nor even accepted when offered by the Dutch. Sakki, or rice beer, is clear as wine, and of an agreeable tafte : taken in quantity, it intoxicates for a few moments, and caufes headach. Both men and women are fond of tobacco, which is in univerfal vogue and fmoked continually. The gardens about their houfes are adorned writh a variety of flow'ers, trees, verdure, baths, terraces, and other embellilh- ments. The furniture and decorations of the houfes of perfons of diftinftion confift in japan-work of various colours, curious paintings, beds, couches, Ikreens, cabi¬ nets, tables, a variety of porcelain jars, vafes, tea-equi¬ page, and other veffels and figures, together with fwords, guns, fcimitars, and other arms. Their retinues are more or lefs numerous and fplendid according to their rank ; but there are few of the lords who have lefs than 50 or 60 men richly clad and armed, fome on foot, but moft: on horfeback. As for their petty kings and princes, they are feldom feen without 300 or 200 at lead, when they either wait on the emperor, which is one-half of the year, or attend him abroad. When a prince or great man dies, there are com¬ monly about 10, 20, or more youths of his houfehold, and fuch as were his greateft favourites, who put them¬ felves to a voluntary death, at the place where the bo¬ dy is buried or burned : as foon as the funeral pilej confiding of odoriferous woods, gums, fpices, oik', and other ingredients, is fet on fire, the relations and friends of the deceafed throw their prefents into it, fuch as clothes, arms, victuals, money, fweet herbs, flowers, and other things which they imagine will be of ufe to him in the other world. I hofe of the middle or lower rank commonly bury their dead, without any other burning than that of forae odoriferous woodsy gums, &c. The fepulchres in which the bones and allies of perfons of rank are depofited, are generally very magnificent, and fituated at lome diftance from ths towns. The Dutch and Chinefe are the only nations allowed to traffic in Japan. The Dutch at prefent fend but two Ihips annually, which are fitted out at Batavia, and fail in June, and return at the end of the year. The chief merchandife is Japanefe copper and raw camphor. The wares which the Dutch company import are, coarfe fu- gar, ivory, a great quantity of tin and lead, a little call iron, various kinds of fine chintzes,. Dutch cloth of dif¬ ferent colours and finenefs, ferge wood for dyeing, tor- toife-ffiell, and cofius Arabicus. The little merchandife brought by the officers on their own account, confifts of faffron, theriaca, fealing-wax, glafs-beads, watches, See. &c. About the time when the Dutch fliips are expeft- ed, feveral outpofts are ftationed on the higheft hills by the government 5 they are provided with telefcopes, and long before their arrival give the governor of Na- gafaki notice. As foon as they anchor in the harbour, the upper and under officers of the Japanefe immediately betake themfelves on board, together with interpreters^ to whom is delivered a cheft, in which all the failors books, the mufter-roll of the whole crew, fix fmall bar¬ rels of powder, fix barrels of balls, fix muikets, fix bayonets, fix piftols, and fix fwords are depofited j this is fuppofed to be the whole remaining ammunition after the imperial garrifon has been faluted. d hefe things are conveyed on ffiore, and preferved in a feparate ware- houfe, nor are they returned before the day the ffiip quits the harbour. Duties are quite unknown as well in the inland part as on the coaft, nor are there any cuftoms required ei¬ ther for exported or imported goods j an advantage en¬ joyed by few nations. But, to prevent the importation of any forbidden wares, the utmoft vigilance is obfer- ved ; then the men and things are examined with the eyes of Argus. When any European goes on ffiore, he is examined before he leaves the Ihip, and afterwards on his landing. This double feareh is exceedingly ftriiSl; fo that not only the pockets and clothes are ftroaked with the hands,, but the pudenda of the mean¬ er fort are preffed, and the hair of the flaves. All the Japanefe who come on board are fearched in like man¬ ner, except only their fuperior officers : fo alfo are the wares either exported or imported, firft on board, and then at the faftory, except the great ohefts, which are opened at the factory, and fo carefully examined that they Japao. JAP [ 40 ] JAP Japan, they ftrike the very fides left they fliould be hollow. Japanning, bed-clothes are often opened, and the feathers examined : rods of iron are run into the pots of butter and confections : a fquare hole is made in the cheefe, and a long pointed iron is thruft into it in all direc¬ tions. Their fufpicion is carried fo far, that they take out and break one or two of the eggs brought from Ba¬ tavia. The interpreters are all natives j they fpeak Dutch in different degrees of purity. The government per¬ mits no foreigner to learn their language, left they fhould by means of this acquire the knowledge of the manufactures of the country j but 40 or 50 interpreters are provided to ferve the Dutch in their trade, or on any other occafion. The interpreters are very inquifitive after European books, and generally provide themfelves with fome from the Dutch merchants. They perufe them with care, and remember what they learn. They belides endeavour to get inftruCtion from the Europeans ; for which purpofe they alk numberlefs queftions, particu¬ larly refpeCUng medicine, phyfics, and natural hiftory. Moft of them apply to medicine, and are the only phyficians of their nation who praftife in the European manner, and with European medicines, which they procure from the Dutch phyficians. Hence they are able to acquire money, and to make themfelves re- fpeCted. Among the vegetable produftions peculiar to Japan, we may take notice of the aletris japonica, camellia ja- ponica, and the volkameria japonica. The trumpet- flower, or bignoma catalpa of Linnaeus, is very com- mon, bearing a refemblance to the epidendrum vanilla, the berries of which are faid to conftitute an article of commerce. Here alfo we find the mimofa arborea, and tallow tree, together with the plantain, cocoa-nut tree, the chamcerops cxcelfa, and the eyas circinalis, adorning the woods near the fea fhore. It is a lingular circumftance, that in the whole em¬ pire of Japan, neither Iheep nor goats are to be met wi^h, the goats being deemed pernicious to cultivation; and the vaft quantities of filk and cotton with which it abounds, are confidered as an excellent fubftitute for wool. There are few quadrupeds of any kind, either fwine, horfes, or cattle, as the Japanefe live upon fifii, poultry, and vegetables. Some wolves are feen in the northern provinces; and foxes are confidered as demons incarnate. Gold and filver abound in Japan, and copper richly impregnated with gold, which conftitutes the chief wealth of many provinces. Iron is faid to be fcarcer than any other metal, which of confequence they are not fond of exporting. Amber, fulphur, pit-coal, red agate, afbeftos, porcelain clay, pumice and white marble, are alfo found in confiderable quantities ; but, according to Kempfer, neither antimony nor mercury. As Europeans have feldom vifited the interior parts of the country, the natural curiofities of Japan are but very little known, Japan Earth. See Mimosa and Terra Japonica, Materia Medica Index. JAPANNING, the art of varnilhing and drawing figures on wood, in the fame manner as is done by the natives of Japan in the Eaft Indies. The fubftances which admit of being japanned are almoft every kind that are dry and rigid, or not too Japanning, flexible; as wood, metals, leather, and paper pre-y —-v pared. Wood and metals do not require any other prepara¬ tion, but to have their furface perfeftly even and clean; but leather ftiould be fecurely ftrained either on frames or on boards; as its bending or forming folds would otherwife crack and force off the coats of varnilh : and paper Ihould be treated in the fame manner, and have a previous ftrong coat of fome kind of fize ; but it is rarely made the fubjedt of japanning till it is converted into papier mache, or wrought by other means into fuch form, that its original ftate, particularly with refpect to flexibility, is loft. One principal variation from the method formerly ufed in japanning is, the ufing or omitting any priming or undercoat on the work to be japanned. In the older practice, fuch priming was always ufed; and is at pre- fent retained in the French manner of japanning coaches and fnaff-boxes of the papier mache ; but in the Bir¬ mingham manufacture here, it has been always reject¬ ed. The advantage of ufing fuch priming or undercoat is, that it makes a faving in the quantity of varnith ufed; becaufe the matter of which the priming is com- pofed fills up the inequalities of the body to be varniih- ed; and makes it eafy, by means of rubbing and water- poliftiing, to gain an even furface for the varnifh : and this was therefore fuch a convenience in the cafe of wood, as the giving a hardnefs and firmnefs to the ground was alfo in the cafe of leather, that it became an eftablithed method ; and is therefore retained even in the inftance of the papier mache by the French, w ho applied the received method of japanning to that kind of work on its introduclion. There is neverthelefs this inconvenience always attending the ufe of an undercoat of fize, that the japan coats of varnith and colour will be conftantly liable to be cracked and peeled off by any violence, and will not endure near fo long as the bodies japanned in the fame manner, but without any fuch priming ; as may be eafily obferved in comparing the wear of the Paris and Birmingham fnuff-boxes; which latter, when good of their kind, never peel or crack, or fuffer any damage, unlefs by great violence, and fuch a continued rubbing as w aftes awray the fubflance of the varnith ; while the japan coats of the Parifians crack and fly off in flakes, whenever any knock or fall, par¬ ticularly near the edges, expofes them to be injured. But the Birmingham manufadturers, who originally pradlifed the japanning only on metals, to which the reafon above given for the ufe of priming did not ex¬ tend, and who took up this art of themfelves as an in¬ vention, of courfe omitted at firft the ufe of any fuch undercoat; and not finding it more neceffary in the inftance of papier mache than on metals, continue ftill to rejedt it. On which account, the boxes of their ma- nufadlure are, with regard to wear, greatly better than the French. The laying on the colour in gum-water, inftead of varnifh, is alfo another variation from the method of japanning formerly pradtifed : but the much greater ftrength of the wrork, where they are laid on in varnifh or oil, has occafioned this way to be exploded with the greateft reafon in all regular manufadtures : how’- ever, they who may pradtice japanning on cabinets, or other fuch pieces as are not expofed to much wear and violence, JAP [ 41 ] JAP Japanning, violence, for their amufement only, and confequently no|. worth their while to encumber them- felves with the preparations neceffary for the other methods, may paint with water-colours on an under¬ coat laid on the wood or other fubftance of which the piece to be japanned is formed $ and then finiflied with the proper coats of varnifla, according to the methods below taught: and if the colours are tempered with the ftrongeft ifinglafs fize and honey, inftead of gam- water, and laid on very flat and even, the work will not be much inferior in appearance to that done by the other method, and will lad as long as the old japan. Of JAPAN Grounds.—The proper grounds are either fuch as are formed by the varnifh and colour, where the whole is to remain of one fimple colour; or by the varnifh either coloured or without colour, on which fome painting or other decoration is afterwards to be laid. It is neceffary, however, before we proceed to fpeak of the particular grounds, to fhowr the manner of laying on the priming or undercoat, where any fuch is ufed. This priming is of the fame nature with that called clear-coating, or vulgarly clear-coaling, pra&ifed erro- neoully by the houfe-painters j and corilids only in laying on and drying in the mod even manner a com- pofition of fize and whiting, or fometimes lime in¬ dead of the latter. The common fize has been gene¬ rally ufed for this purpofe : but where the work is of a nicer kind, it is better to employ the glovers or the parchment fize ; and if a third of ifinglafs be added, it will be dill better, and if not laid on too thick, much lefs liable to peel and crack. The work Ihould be pre¬ pared for this priming, by being well fmoothed with the filh-lkin or glafs-lhaver •, and being made tho¬ roughly clean, fhould be brulhed over once or twice Handmaid hot fize, diluted with two-thirds of water, if it to the ArtsM the common dreAgth. The priming Ihould then be laid on with a brufh as even as poffible ; and ihould be formed of a fize whofe confidence is be¬ twixt the common kind and glue, mixed with as much whiting as will give it a fufficient body of colour to hide the furface of whatever it is laid upon, but not If the furface be very clean on which the priming is ufed, two coats of it laid on in this manner will be lufficient; but if, on trial with a fine wet rag, it will not receive a proper water-polifh on account of any inequalities not fufficiently filled up and covered, two »r more coats mud be given it: and whether a greater or lefs number be ufed, the work Ihould be fmoothed after the lad coat but one is dry, by rubbing it with the Dutch rufhes. When the lad coat is dry, the water polilh (hould be given, by paffing over every part of it with a fine rag gently moidened, till the whole appear perfedly plain and even. The priming will then be completed, and the wrork ready to receive the painting or coloured varniih j the red of the pro¬ ceedings being the fame in this cafe as where no prim¬ ing is ufed. When, wood or leather is to be japanned, and no priming is ufed, the bed preparation is to lay two or inree coats of coarfe varnith compofed in the following manner. 0 T. ake of re&ified fpirit of wine one pint, and of ; Vol. XI. Part I. coarfe feed-lac and refin each two ounces. Diffolve lip the feed-lac and refin in the fpirit j and then drain off ~-" the varnifh.” This varnifh, as w-ell as.all others formed of fpirit of wine, mud be laid on in a warm place ; and if it can be conveniently managed, the piece of work to be var- nifhed fhould be made warm likewife : and for the fame reafon all dampnefs fhould be avoided j for either cold or moidure chills this kind of varnifh, and pre¬ vents it taking proper hold of the fubdance on which it is laid. When the wrork is fo prepared, or by the priming with the compofition of fize and whiting above de- fcribed, the proper japan ground mud be laid on, which is much the bed formed of fhell-lac varnifh, and the colour defired, if white be not in quedion, which demands a peculiar treatment, or great bright- nels be not required, when alfo other means mud be purfued. The colours ufed with the fhell-lac varnifh may be any pigments whatever which give the teint of the ground defired; and they may be mixed together to form browns or any compound colours. As metals never require to be undercoated with whiting, they may be treated in the fame manner as wood or leather, when the undercoat is omitted, except in the indances particularly fpoken of below. White JAPAN Grounds.—JJae forming a ground per¬ fectly white, and of the fird degree of hardnefs, re¬ mains hitherto a defideratum, or matter fought for, in the art of japanning, as there are no fubdances which form a very hard varnifh but what have too much co¬ lour not to deprave the whitenefs, when laid on of a due thicknefs over the work. The neared approach, however, to a perfeCt white varnifh, already known, is made by the following com¬ pofition. “ Take flake-white, or white lead, waflied over and ground up with a fixth of its weight of darch, and then dried j and temper it properly for fpreading with the maflich varniih prepared as under the article Varnish. “ Lay thefe on the body to be japanned, prepared either wdth or without the undercoat of whiting, in the manner as above ordered ; and then varniih it over with five or fix coats of the following varnifh : _ “ Provide any quantity of the bed feed-lac 5 and pick out of it all the cleared and whited grains, re- ferving the more coloured and fouler parts for the coarfe varnifhes, fuch as that ufed for priming or pre¬ paring wood or leather. Take of this picked feed-lac two ounces, and of gum-animi three ounces ; and dif¬ folve them, being previoufly reduced to a grofs pow¬ der in about a quart of fpirit of wine j and drain off the clear varnifh.” The feed-lac will yet give a flight tinge to this compofition j but cannot be omitted where the varnilk is wanted to be hard j though, when a fofter will an- fwer the end, the proportion may be diminifhed, and a little crude turpentine added to the gum animi to take off the brittlenefs. A very good varnifh, free entirely from all brittle¬ nefs, may be formed by diffolving as much gum-animi as the oil wdll take, in old nut or poppy oil, which mud be made to boil gently w'hen the oil is put into it. The F ground JAP [ 42 ] JAP Japanning, ground of white colour itfelf may be laid on in this v-"" varnifh, and then a coat or two of it may be put over the. ground : but it muft bo well diluted with oil of turpentine when it is ufed. This, though free fronj brittlenefs, is neverthelefs liable to fuffer by being indented or bruifed by any flight ftrokes j and it will not well bear any polilh, but may be brought to a very fmooth furface without, if it be judicioufly managed in the laying it on. It is likewile fomewhat tedious in drying, and will require fome time where feVeral coats are laid on ; as the laft: ought not to contain much oil of turpentine. Blue JAVAN Grounds.—Blue japan grounds may be formed of bright Pruflian blue, or of verditer glazed over by Pruflian blue, or of fmalt. The colour may be belt mixed with fliell lac varnifh, and brought to a polifliing flate by five or fix coats of varnifh of feed- lac: but the varnifh, neverthelefs, will fomewhat in¬ jure the colour by giving to a true blue a cart of green, and fouling in fome degree a warm blue by the yellow it contains : where therefore a bright blue is required, and a lefs degree of hardnefs can be difpenfed with, the method before direfted in the cafe of white grounds muft be purfued. Red JAPAN Grounds.—Yox a fcarlet japan ground, vermilion may be ufed: but the vermilion has a glar¬ ing effeft, that renders it much lefs beautiful than the crimfon produced by glazing it over with carmine or fine lake j or even with rofe pink, which has a very good effect ufed for this purpofe. For a very bright crimfon, neverthelefs, inftead of glazing with carmine, the Indian lake fliould be ufed, diffolved in the fpirit of which the varnifh is compounded, which it readily admits of when good: and in this cafe, inftead of glaz¬ ing with the fhell-lac varnifh, the upper or polifhing coats need only be ufed 5 as they will equally receive and convey the tinge of the Indian lake, which may be actually diflblved by fpirit of wine : and this will be found a much cheaper method than the ufing carmine. If, neverthelefs, the higheft degree of brightnefs be re¬ quired, the white varnifhes muft be ufed. Yellow JAVAN Grounds.—For bright yellow grounds, the king’s yellow, or the turpeth mineral, fliould be employed, either alone or mixed with fine Dutch pink: and the effedt may be ftill more heightened by diffolv- ing powdered turmeric root in the fpirit of wine of -which the upper or polifhing coat is made} which fpi¬ rit of wine muft be ftrained from off the dregs before the feed-lac be added to it to form the varnifh. The feed lac varnifh is not equally injurious here, and with greens, as in the cafe of other colours} be- caufe being only tinged with a reddifh yellow, it is little more than an addition to the force of the co¬ lours. Yellow grounds may be likewife formed of the Dutch pink only } which, when good, will not be wanting in brightnefs, though extremely cheap. Green JAP ANGrounds.—Green grounds may be pro¬ duced by mixing the king’s yellow and bright Pruflian blue, or rather the turpeth mineral and Pruflian blue} and a cheap but fouler kind, by verdegris with a little of the above-mentioned yellows, or Dutch pink. But where a very bright green is wanted, the cryftals of verdegris, called dijlilledverdegris, fhould be employed} and to heighten the effedt, they fhould be laid on a ground of leaf-gold, which renders the colour extreme- Jap&nnfftg, ly brilliant and pleating. ' —y— They may any of them be ufed fuccefsfully with good feed-lac varnifh, for the reafon before given } but will be ftill brighter with white varnifh. Orange-coloured JAPAN Grounds.—Orange-coloured japan grounds may be formed by mixing vermilion or red-lead with king’s yellow, or Dutch pink } or the orange-lac, which will make a brighter orange ground than can be produced by any mixture. Purple JAPAN Grounds.—Purple japan grounds may be produced by the mixture of lake and Pruflian blue} or a fouler kind, by vermilion and Pruflian blue. They may be treated as the reft with refpedt to the varnifh. Black JAPAN Grounds to be produced with Heat.— Black grounds may be formed by either ivory-black or lamp-black: but the former is preferable where it is perfectly good. Thefe may be always laid on with fhell-lac varnifh ) and have their upper or polifhing coats of common feed-lac varnifh, as the tinge or fulnefs of the varnifh can be here no injury. Common Black JAPAN Grounds on Iron or Copper, pro¬ duced by means of Heat.—For forming the common black japan grounds by means of heat, the piece of work to be japanned muft be painted over w ith dry¬ ing oil} and, when it is of a moderate drynefs, muft be put into a ftove of fuch degree of heat as will change the oil to black, without burning it fo as to deftroy or weaken its tenacity. The ftoye fhould not be too hot when the work is put into it, nor the heat increafed too faft } either of which errors would make it blifter : but the flower the heat is augmented, and the longer it is continued, provided it be reftrained within the due degree, the harder w ill be the coat of japan.—- This kind of varnifh requires no polifli, having re¬ ceived, when properly managed, a fuflicient one from- the heat. The fne Tortoife-fhell JAPAN Ground produced by means of Heat.—The beft kind of tortoife-fhell ground produced by heat is not lefs valuable for its great hard¬ nefs, and enduring to be made hotter than boiling wa-. ter without damage, than for its beautiful appearance. It is to be made by means of a varnifh prepared in the follow ing manner : “ Take of good linfeed oil one gallon, and of umbre half a pound : boil them together till the oil become very brown and thick : ftrain it then through a coarfe cloth, and fet it again to boil; in which ftate it muft be continued till it acquire a pitchy confidence } when it will be fit for ufe.” Having prepared thus the varnifh, clean well the iron or copper plate or other piece which is to be ja¬ panned } and then lay vermilion tempered with fhelfi. lac varnifh, or with drying oil diluted with oil of tur¬ pentine, very thinly, on the places intended to imitate the more tranfparent parts of the tortoife-fhell. "When the vermilion is dry, brufh over the whole with the black varnifh, tempered to a due confiftence with oil of turpentine} and when it is fet and firm, put the work into a ftove, where it may undergo a very ftrong heat, and muft be continued a confiderable time } if even three weeks or a month, it_ will be . the better*. This JAP [43 Japanning. This was given amongft other receipts by Kunckel *, •j.. -y appears to have been negled^ed till it was revived with great fuccefs in the Birmingham manufa&ures, where it was not only the ground of fnuff-boxes, drefs- ing-boxes, and other fuch leiTer pieces, but of thofe beautiful tea-waiters which have been fo juftly efteemed and admired in feveral parts of Europe where they have been fent. This ground may be decorated with painting and gilding, in the Fame manner as any other varnilhed furface, which had heft be done after the ground has been duly hardened by the hot Hove j but it is well to give a fecond annealing with a more gentle heat after it is finilhed, Method of Painting JAP AN Work.—Japan work ought properly to be painted with colours in varnilh, though, in order for the greater difpatch, and, in fome very nice works in fmall, for the freer ufe of the pencil, the colours are fometimes tempered in oil $ which (hould previoufly have a fourth part of its weight of gum ani- mi diffolved in it j or, in default of that, of the gums fandarac or maftich. When the oil is thus ufed, it Humid be well diluted with fpirit of turpentine, that the colours may be laid more evenly and thin j by which means, ft*wer of the polidling or upper coats of varnifh become necelTary. In fome inftances, water-colours are laid on grounds of gold, in the manner of other paintings ; and are beft, when fo ufed, in their proper appearance, without any varnilh over them j and they are alfo fometimes fo managed as to have the effeft of emboffed work. The colours employed in this way, for painting, are both prepared by means of ilinglafs lize corredted with ho¬ ney or fugarcandy. The body of which the emboffed work is raifed, need not, however, be tinged with the exterior colour •, but may be bell formed of very ftrong gum-water, thickened to a proper confiftence by bole- armenian and whiting in equal parts *, which being laid on the proper figure, and repaired when dry, may be then painted with the proper colours tempered in the ilinglafs fize, or in the general manner with Ihell-lac varnilh. Manner ofVarniJhing JAPAN Work.—The lall and finilliing part of japanning lies in the laying on and polilhing the outer coats of varniih 5 which are necef- fary, as well in the pieces that have only one Ample ground of colour, as with thofe that are painted. This is in general bell done with common feed-lac varnilh, except in the inllances and on thofe occafions where we have already Ihown other methods to be more ex¬ pedient : and the lame reafons which decide as to the fitnefs or impropriety of the varnilhes, with refpedl to the colours of the ground, hold equally with regard to thofe of the painting : for where brightnefs is the moll material point, and a tinge of yellow will injure it, feed-lac mull give way to the whiter gums j but where hardnefs, and a greater tenacity, are moil effen- tial, it mull be adhered to 5 and where both are fo ne- ceffary, that it is proper one Ihould give way to the other in a certain degree reciprocally, a mixed varnilh mull be adopted. This mixed varnifh, as we have already obferved, fliould be made of the picked feed-lac. The com¬ mon feed-lac varnilh, which is the moft ufeful pre¬ paration of the kind hitherto invented, may be thus made: ] J A P . “ Take of feed-lac three ounces, and put it into Japanning, water to free it from the Hicks and filth that are fre- quently intermixed with it •, and which mull be done by flirring it about, and then pouring off the water, and adding frelh quantities in order to repeat the ope¬ ration, till it be freed from all impurities, as it very effeflually may be by this means. Dry it then, and powder it grofsly, and put it, with a pint of reftified fpirit of wine, into a bottle, of which it wall not fill above two-thirds. Shake the mixture well together $ and place the bottle in a gentle heat, till the feed ap¬ pear to be diffolved j the lhaking being in the mean time repeated as often as may be convenient: and then pour off all that can be obtained clear by this method, and llrain the remainder through a coarfe cloth. The varnilh thus prepared muff be kept for ufe in a bottle well flopt.” When the fpirit of wine is very Hrong, it will dif- folve a greater proportion of the feed-lac : but this will faturate the common, which is feldom of a flrength fuf- ficient for making varnilhes in perfe<5lion. As the chilling, which is the moil inconvenient accident at¬ tending thofe of this kind, is prevented, or produced more frequently, according to the Hrength of the Ipi- rit •, wre lhall therefore take this opportunity of fliow- ing a method by which weaker redlified fpirits may with great eftfe, at any time, be freed from the phlegm, and rendered of the firlt degree of ffr^ngth. “ Take a pint of the common reftified fpirit of wine, and put it into a bottle, of which it will not fill above three parts. Add to it hall an ounce of pearl- allies, fait of tartar, or any other alkaline fait, heated red hot, and powdered, as well as it can be without much lofs of its heat. Shake the mixture frequently for the fpace of half an hour j before which time, a great part of the phlegm will be feparated from the fpirit, and will appear, together with the undiffolved part of the falts, in the bottom of the bottle. Let the fpirit then be poured off, or freed from the phlegm and falts, by means of a tritorium or feparating funnel; and let half an ounce of the pearl-afhcs, heated and powdered as before, be added to it, atad the fame treatment repeated. This may be done a third time, if the quantity of phlegm feparated by the addition of the pearl-affies appear confiderable. An ounce of alum reduced to powder and made hot, but not burnt, mull then be put into the fpirit, and fuffered to remain fome hours *, the bottle being frequently ffiaken : after which, the fpirit, being poured off from it, will be fit for ufe.” The addition of the alum is neceffary, to neutralize the remains of the alkaline fait or pearl-afhes j which would otherwife greatly deprave the fpirit with refpeft to varniflies and laquer, where vegetable colours are concerned j and mull confequently render another dU {filiation neceffary. The mapner of ufing the feed-lac or white var¬ niflies is the fame, except with regard to the fubflance ufed in policing •, which, where a pure white or great clearnefs of other colours is in queltion, fliould be it- felf white : whereas the browner forts of polifiiing duft, as being cheaper, and doing their bufinefs with greater difpatch,. may be ufed in other cafes. The pieces of work to be varnifhed ftiould be placed near a fire, or in a room where there is a ftove, and made perfectly F 2 dry j JAP [ 44 ] JAR Japanning, cjry ; and then the varnith may be rubbed over them J.ipheth. by tbe pr0per bruflies made for that purpofe, begin¬ ning in the middle, and paiTing the brulh to one end j and then with another ftroke from the middle, pafling it to the other. But no part Ihould be croffed or twice palTed over, in forming one coat, where it can poffibly be avoided. When one coat is dry, another muft be laid over it ; and this muft be continued at lead: five or fix times, or more, if on trial there be not iufficient thicknefs of varnifh to bear the polifh, with¬ out laying bare the paintim or the ground colour un¬ derneath. When a fufRcient number of coats is thus laid on, the work is fit to be polifhed : which muft be done, in common cafes, by rubbing it with a rag dipped in Tripoli or pumice-ftone, commonly called rottenJlone, finely powdered : but towards the end of the rubbing, a little oil of any kind fhould be ufed along with the powder ; and when the work appears fufticiently bright and glofl'y, it fhould be well rubbed with the oil alone, to clean it from the potvder, and give it a ftill brighter luftre. In the cafe of white grounds, inftead of the Tripoli or pumice-ftone, fine putty or whiting muft be ufed $ both which fhould be wafhed over to prevent the dan¬ ger of damaging the work from any fand or other gritty matter that may happen to be commixed with them. It is a great improvement of all kinds of japan work, to harden the varnifli by means of heat j which, in every degree that it can be applied, fhort of what would burn or calcine the matter, tends to give it a more firm and ftrong texture. Where metals form the body, therefore, a very hot ftove may be ufed, and the pieces of work may be continued in it a eonfiderable time j efpecially if the heat be gradually increafed ; but where wood is in queftion, heat muft be fparingly ufed, as it would otherwife warp or fhrink the body, fo as to injure the general figure. JAPHETH, the fon of Noah. His defcendants poffeffed all Europe and the ifles in the Mediterranean, as well thofe which belong to Europe, as others which depend on Afia. They had all Afia Minor, and the northern parts of Afia above the fources of the Tigris and Euphrates. Noah, when he bleffed Japheth, faid to him,.“ God fhall enlarge .Tapheth, and he fhall dwell in the tents of Shem j and Canaan fhall be his fervant.” This blefling of Noah was accom- plifhed, when the Greeks, a»d after them the Ro¬ mans, carried their conquefts into Afia and Africa, where were the dwellings and dominions of Shem and Canaan. The fons of Japheth were Gomer, Magog, Madai, Javan, Tubal, Mefhech, and Tiras. The fcripture fays, “ that they peopled the Hies of the Gentiles, and fettled in different countries, each according to his lan¬ guage, family, and people.” It is fuppofed, that Go- ' "-^raer was the father of the Cimbri, or Cimmerians j Magog of the Scythians •, Madai of the Macedonians or Medes •, Javan of the lonians and Greeks j Tubal of the Tibarenians $ Mefhech of the Mufcovites or Ruf¬ fians ; and Tiras of the Thracians. By the ifles of the Gentiles, the Hebrews underftand the ifles of the Mediterranean, and all the countries feparated by the fea from the continent of Paleftine ; whither alfo the Hebrew's could go by fea only, as Spain, Gaul, Italy, Greece, Afia Minor. Japheth was known by profane authors under the name of Japetus. The poets make him the father of heaven and earth. The Greeks believe that he was the father of their race, and acknowledged nothing more ancient than him. Befides the feven fons of Japheth above mentioned, the Septuagint, Eufebius, the Alex¬ andrian Chronicle, and St Auftin, give him an eighth called EH%a, w'ho is not mentioned either in the Pie- brew or Chaldee, and the eaftern people affirm that Japheth had eleven children. JAPYDIA, in Ancient Geography, a weftern di- ftridt of Illyricum, anciently threefold \ the firft Japydia extending from the fprings of the Timavus to Iftria j the fecond, from the river Arfia to the river Teda- nius j and the third, called Ina/pina, fituated in Mount Albius and the other Alps, which run out above If¬ tria. Japodes, or Japydes, the people. Now confti- tuting the fouth part of Carniola, and the weft of Auf- trian Croatia. JAPYGIA, Calabria anciently fo called by the Greeks. Japyges, the people. JAPYGIUM, in Ancient Geography, a promontory of Calabria •, called alfo Salentinum. Now Capo di S. Maria di Leuca. JAQUELOT, Isaac, a celebrated French Pro- teftant divine, born in 1647, at Vaffy in Champagne, where his father was minifter. The revocation of the edidl of Nantz obliging him to quit France, he took refuge firft at Heidelberg, and then at the Hague, where he procured an appointment in the Walloon church. Here he continued till that capital was taken by the king of Pruffia, w ho, hearing him preach, made^ him his French minifter in ordinary at Berlin j to which city he removed in 1702. While he lived at Berlin, he entered into a warm controverfy with M. Bayle on the dodtrine advanced in his dictionary fa¬ vouring manichaeifm, which continued until death im- pofed filence on both parties: and it was in this dif- pute that M. Jaquelot openly declared in favour of the Remonftrants. He wrote, among other works, 1. Dijfertations fur Cexiftence de Dieu. 2. DiJJertations fur le Mefjie. 3. Lettres a Meffieurs les Pre/ats de CEglife Gallicane. He w’as employed in finilhing an important work upon the divine authority of the holy fcriptures, when he died fuddenly in 1708, aged 61. JAR, or Jarr, an earthen pot or pitcher, with a big belly and two handles.—The word comes from the Spa- mih jarr a or jarro, which fignifies the fame. Jar is ufed for a fort of meafure or fixed quantity of divers things.—The jar of oil is from 18 to 26 gallons the jar of green ginger is about 100 pounds weight. JARCHI, Solomon, otherwife Rafchi and Ifaaki Solomon, a famous rabbi, born at Troyes in Cham¬ pagne, who flouriflied in the 12th century. He was a perfeft mafter of the talmud and gemara j and he filled the poftils of the bible with fo many talmudical reveries, as totally extinguiffied both the literal and moral fenfe of it. A great part of his commentaries are printed in Hebrew', and fome have been tranflated Japheth II Jarchi. v JAR f 4=: 1 JAY Jarchi into Latin by the Chriftians. They are greatly ef- i! teemed by the Jews, who have beftowed on the author Jar.iac. tjQe 0f prinCe of commentators. v _ JARDYN, or Jardin, Karel du, painter of con- verfations, landfcapes, &c. was born at Amfterdam in 1640, and became a difciple of Nicholas Berchem. He travelled to Italy whilft he was yet a young man $ and arriving at Rome, he gave himfelf alternately up to ftudy and diilxpation. Yet, amidft this irregularity of conduft, his proficiency in the art was furprifing $ and his paintings rofe into fuch high repute, that they were exceedingly coveted in Rome, and bought up at great prices. With an intention to vifit his native city he at laft left Rome j but pafiing through Lyons, and meet¬ ing fome agreeable companions, they prevailed on him to ftay there for fome time, and he found as much em¬ ployment in that city as he could poffibly undertake or execute. But the profits which arofe from his paintings were not proportionable to his profufion •, and in order to extricate himfelf from the encumbrances in which his extravagance had involved him, he was induced to marry his hoftefs, who was old and difagreeable, but very rich. Mortified and afhamed at that adventure, he returned as expeditioufly as poffible to Amfterdam, accompanied by his wife, and there for fome time fol¬ lowed his profeflion with full as much fuccefs as he had met with in Italy or Lyons. He returned to Rome the fecond time j and after a year or two fpent there in his ufual extravagant manner, he fettled at Venice. In that city his merit was Avell known before his arrival, which procured him a very honourable reception. He lived there highly careffed, and continually employed j but died at the age of 38. He was fumptuoufly inter¬ red, out of refpedt to his talents ; and, although a Pro- teftant, permitted to be laid in confecrated ground. This painter, in his colouring and touch, refembled his mafter Berchem \ but he added to that manner a force which diftinguifties the great mafters of Italy 5 and it is obferved, that moft of his pictures feem to exprefs the warmth of the fun, and the light of mid-day. His piftures are not much encumbered *, a few figures, fome animals, and a little landfcape for the back-grounds, generally comprife the whole of his compofition. How¬ ever, fome of his fubjedls are often more extenfive, con¬ taining more objedls, and a larger defign. His works are as much fought after, as they are difficult to be met with. JARGON, or Zircon, a kind of precious ftone found in Ceylon. This mineral contains a peculiar earth, called jargonia, or %irconia; for an account of the properties of which, fee Chemistry, page 611 j fee alfo Mineralogy Index. JARGONIA, or ZlRCONIA, in Chemijlry, a pecu¬ liar earth obtained from the preceding mineral. See Chemistry, p. 611. JARIMUTH, Jarmuth, or Jenmoth, Jofh. xv. a town reckoned to the tribe of Judah, four miles from Eleutheropolis, weftward, (Jerome). Thought to be the fame with Ramoth and Remeth, Joftma xix. and Nehem x. 2. (Reland). JARNAC, a town of France, in Orleanois, and in Angumois, remarkable for a vidlory gained by Henry III. over the Huguenots in 1569. It is feated on the river Charente, in W. Long. o. 13. N. Lat. 45- 40< & JAROSLOW, a handfome town of Poland, in the Jaroflow palatinate of Ruffia, with a ftrong citadel. It is re- ^ markable for its great fair, its handfome buildings, and , a battle gained by the Swedes in 1656, after which they took the town. It is feated on the river Saine, in E. Long. 22. 23. N. Lat. 49. 58. J ASHER, The Book of. This is a book which Jofhua mentions, and refers to in the following paf- fage : “ And the fun flood ftill, and the moon ftayed, until the people had avenged themfelves upon their enemies : is not this written in the book of Jaffier ?” It is difficult to determine what this book of Jajher^ or “ the upright,” is. St Jerome and the Jews be¬ lieved it to be Genefis, or fome other book of the Pentateuch, wherein God foretold he would do won¬ derful things in favour of his people. Huetius fup- pofes it was a book of morality, in which it wfas faid that God would fubvert the courfe of nature in favour of thofe who put their truft in him. Others pretend, it was public annals, or records, which were ftyledy^ t/ce or upright, becaufe they contained a faithful ac¬ count of the hiltory of the Ifraelites. Grotius believes, that this book was nothing elfe but a fong, made to celebrate this miracle and this viftory. This feems the more probable opinion, becaufe the words cited by Joihua as taken from this work, “ Sun, ftand thou ftill upon Gibeon, and thou moon in the valley of Ajalon,” are fuch poetical expreffions as do not fuit with hifto- rical memoirs j befides that in the 2d book of Samuel (i. 18.) mention is made of a book under the fame ti¬ tle, on account of a fong made on the death of Saul and Jonathan. JASIONE, a genus of plants belonging to the fyngenefia clafs $ and in the natural method ranking under the 29th order, Campanacece. See Botany Index. JASMINE. See Jasminum. Arabian JASMINE. See Nyctanthes, Botany Index. JASMINUM, Jasmine, or Jejfamine Tree, a genus of plants belonging to the diandria clafs; and in the natural method ranking under the 44th order, Sepiaricc. See Botany Index. JASON, the Greek hero who undertook the Ar- gonautic expedition, the hiftory of which is obfcured by fabulous traditions, flouriffied about 937 B. C. See Argonauts. J ASP ACHATES. See Jade-stone, Mineralo¬ gy Index. JASPER, a fpecies of mineral belonging to the fili- ceous genus of ftones, and of which there are many va¬ rieties, fome of which being extremely beautiful, are much fought after, and employed as trinkets and orna¬ ments. See Mineralogy Index. JASPONYX, an old term in mineralogy, import¬ ing, as appears from the name, a compound of jafper and onyx. JATROPHA, the Cassada Plant, a genus of plants belonging to the monoecia clafs; and in the na¬ tural method ranking under the 38th order, Tricoccce.. See Botany Index. JAVA, a large ifland of the Eaft Indies, lying be¬ tween 105° and 1160 E. Long, and from 6° to 8° S. Lat. extending in length 700 miles, and in breadth about 100. It ie lituated to the fouth of Borneo, and; fputh-eaft; J A V { 45 ] J A V t fouth-e&ft frotu the peninfula of Malacca, having Su» w.-r-y-tnw' lying before it, from which it is feparated by a narrow paifage, now fo famous in the world by the name of the Straits of Sunda. The country is moun¬ tainous and woody in the middle ; but a dat coaft, full of bogs and marfties, renders the air unhealthfuh It produces pepper, indigo, fugar, tobacco, rice, coffee, cocoa-nuts, plantains, cardamoms, and other tropical fruits, Gold alfo, but in no great quantities, hath been found in it. It is diverfified by many mountains, woods, and rivers $ in all which nature has very boun¬ tifully bellowed her treafure. Many of the moun¬ tains «re fo high as to be feen at the dillance of a number of leagues. That which is called the Blue Mountain is by far the higheft of them all, and feen the farthell off at fea, They have frequent and very terrible earthquakes in this ifland, which {hake the city of Batavia and places adjacent, to fuch a degree, that the fall of the houfes is expelled every moment. The waters in the road are exceflively agitated, infomuch that their motion refembles that of a boiling pot $ pnd in fome places the ea^th opens, which affords a ftrange and terrible fpe&acle. The inhabitants are of opinion, that thefe earthquakes proceed from the moun¬ tain Parang, which is full of fulphur, faltpetre, and bitumen, The fruits and plants of this illand are in their feveral kinds excellent, and almoft out of num¬ ber, There are abundance of forefts fcattered over it, In which are all kinds of wild beads, fuch as buffaloes, tygf?3i rhinooerofes, and wild horfes, with an infinite - variety of ferpents, fome of them of an enormous fixe. Crocodiles are prodigioufly large in Java, an,d are found chiefly about the mouths of rivers j for, being amphi¬ bious animals, they delight modly in marfties and fa- vannahs, This creature, like the tortoife, lays its eggs in the hot fanth, without taking any further care of them 5 the fun hatches them at the proper feafon, when the young run inftantjy into the water, There is, in fhort, no kind of animal waiting here ; fowls they have of all forts, and exquifitely good, efpedally pea¬ cocks, partridges, pheafants, wood-pigeons: and, for curiofity, they have the Indian bat, which differs little In form from ours \ huff its wings, when extended, meafure a full yard, and the body of it is of the fize of « rat, J'fioy have fi(h in great plenty, and very good j in that for the value of three-pence there may be enough bought to dine fix or feven men. They have iikovtlfo a multitude of tortoiies, the flefti of which is very little inferior to veal, and there are many who fhink it better, It is fa id, that there are In the ifland upwards of 43 great towns, which, from the number of their in¬ habitant^ would, in any other part of the world, me¬ rit the name of cities / and more than 4500 villages, h@fid@s hamlets, and draggling houfes, lying very near each other upon the fea coaft, and in the neighbour¬ hood of great towns 5 hence, upon a fair and moderate computation, there are within the bounds of the whole jfland, taking in perfons of both foxes, and of all ranks HPd ages, more than thirty millions of fouls j fo that it B thrice as populous as Trance, which, though twice as ■big, is not computed to have more than twenty millions of inhabitants. There are a great many princes in the ifland, of whk h the moft confiderable are, the emperor of Ma- 3 teran who refides at Katafura, and the kings of Ban- Java, tam and Japara, Upon the firft of thefe many of the ' w*” petty princes are dependant ; but the Dutch are ab- folute mafters of the greateft part of the ifland, par¬ ticularly of the north coaft, though there are fome of the princes beyond the mountains, on the fouth coaft, who ftill maintain their independency. The natives of the country, who are eftabliftied in the neighbour¬ hood of Batavia, and for a tra &c. Of the Chinefe, there are, it is fa id, Java II Jay. JAY faid, about 100,000 in the ifiand 30,000 refided in the city till the year 1740, when the Dutch, pretending that they were in a plot againft them, fent a body of troops into their quarter, and demanded their arms, which the Chinefe readily de¬ livered upj and the next day the governor fent another body, with orders to murder and maffacre every one of the Chinefe, men, women, and children. Some relate there were 20,000, others 30,000, that were put to death, without any manner of trial: and yet the bar¬ barous governor, who was the inftrument of this cruel proceeding, had the affurance to embark for Europe, imagining he had amaffed wealth enough to fecure him againft any profecution in Holland : but the Dutch, finding themfelves detefted and abhorred by all mankind for this piece of tyranny, endeavoured to throw the odium of it upon the governor, though he had the hands of all the council of Batavia, except one, to the order for the maffacre. The ftates, therefore, difpatched a packet to the Cape of Good Hope, con¬ taining orders to apprehend the governor, and fend him back to Batavia to be tried. He was accordingly apprehended at the Cape; but was never heard of af¬ terwards. It is fuppofed he was thrown over-board in his paffage to Batavia, that there might be no farther inquiries into the matter 5 and it is faid, all the wealth this merciful gentleman had amaffed, and fent over before him in four (hips, was caff away in the paf- lage. Befides the garrifon here, the Dutch had former¬ ly about 15,000 men in the ifland, either Dutch, or formed out of the feveral nations they had en- flaved ; and they had a fleet of between 20 and 30 men of war, with which they gave law to every power on the coal! of Afia and Africa, and to all the Euro¬ pean powers that vifit the Indian ocean, unlefs we ihould except the Britifh. Java was taken by the Bri- ti(h in 1811, which nearly terminated the Dutch power in the Eaft. * JAVELIN, in antiquity, a fort of fpear five feet and a half long ; the fhaft of which was of wood, with a fteel point.—Every foldier in the Roman ar¬ mies had feven of thefe, which were very light and {lender. JAWER, a city of Silefia, capital of a province of the fame name, with a citadel, and a large fquare, furrounded with piazzas. It is 12 miles fouth-eaft of J-dgnitz, 30 fouth-weft of Breflau, and 87 eaft of Prague. E. Long. 16. 29. N. Lat. 50. 56. JAUNDICE (derived from the French jaun'ijje, “ yellownefs,” of jaune, “ yellow”); a difeafe confift- ing in a fuffufion of the bile, and a rejeftion thereof to the furface of the body, whereby the whole exte¬ rior habit is difcoloured. Dr Maclurg is of opinion, that the bile returns into the circulation in this difor- der by the courfe of the lymphatics. See Medicine Index. JAWS. See Maxilla. Locked JAW, is a fpafmodic contra&ion of the lower jaw, commonly produced by forne external injury affefting the tendons or ligaments. See Medicine Index. JAY, fee Corvus, Ornithology Index. Jay, Guy Michael / Index. IBIS., See Tantalus, Ornithology Index. IBYCUS, a Greek lyric poet, of whofe 'works there are only a few fragments remaining, flouriftred 550 B. C. It is faid, that he was affafiinated by robbers j and that, when dying, he called upon fome cranes he faw flying to bear witnefs. Some time after, one of the murderers feeing fome cranes, faid tQ his companions, “ There are the witneffes of Ibycus’s death j” which being reported to the magiftrates, the affaflins were put to the torture, and having confeffed the faff, were hanged. Thence arofe the proverb Ibyci Grues, IC%, II Ibycus. ICE C 43 1 ICE ICE, in PhyJiologyy a folid, tranfparent, and brittle body, formed of feme fluid, particularly water, by means of cold. The younger Lemery obferves, that ice is only a re- eftablifhment of the parts of water in their natural ftate j that the mere abfence of fire is fufficient to ac¬ count for this're-eftabliflrment ; and that the fluidity of water is a real fuflon, like that of metals expofed to the fire ; differing only in this, that a greater quanti¬ ty of fire is neceffary to the one than the other. Gal- lileo was the firfl: that obferved ice to be lighter than the water which compofed it: and hence it happens, that ice floats upon water, its fpecific gravity being to that of water as eight to nine. This rarefaftion of ice feems to be owing to the air-bubbles produced in wa¬ ter by freezing 5 and which, being confiderably large in proportion to the water frozen, render the body fo much fpecifically lighter : thefe air-bubbles, during their produftion, acquire a great expanfive power, fo as to burfl: the containing veffels, though ever fo flrong. M. Mairan, in a diflertation on ice, attributes the increafe of its bulk chiefly to a different arrangement of the parts of the water from which it is formed j the icy fkin on the water being compofed of filaments, which, according to him, are found to be conflantly and regularly joined at an angle of 6o° $ and which, by this angular difpofition, occupy a greater volume than if they were parallel. He found the augmenta¬ tion of the volume of water by freezing, in different trials, a 14th, an 18th, a 19th j and when the water was previoufly purged of air, only a 22d part : that ice, even after its formation, continues to expand by cold } for, after water had been frozen to fome thick- nefs, the fluid part being let out by a hole in the bot¬ tom of the veffel, a continuance of the cold made the ice convex *, and a piece of ice, which was at firft only a 14th part fpecifically lighter than water, on being expofed fome days to the froft, became a 12th part lighter. To this caufe he attributes the burfting of ice on ponds. Wax, refins, and animal fats, made fluid by fire, in- ftead of expanding like watery liquors, fhrink in their return to folidity : for folid pieces of the fame bodies fink to the bottom of their refpeftive fluids *, a proof that thefe bodies are more denfe in their folid than in their fluid fiate. The oils which congeal by cold, as olive oil, and the effential oil of anifeeds, appear alfo to fhrink in their congelation. Hence, the different dff- pofitions of different kinds of trees to be burfl: by, or to refirt, ftrong frofts, are by fome attributed to the juices with which the tree abounds ; being in the one cafe watery, and in the other refinous or oily. Though it has been generally fuppofed that the na¬ tural cryftals of ice are ftars of fix rays, forming angles of 6o° with each other, yet this cryftallization of wa¬ ter, as it may properly be called, feems to be as much affeSed by circumftances as that of falts. Hence we find a confiderable difference in the accounts of thofe who have undertaken to defcribe thefe cryftals. M. Mairan informs us, that they are ftars with fix radii j and his opinion is confirmed by obferving the figure of froft on glafs. M. Rome de L’lfle determines the form of the folid cryftal to be an equilateral o&aedron. M. Haffenfratz found it to be a prifmatic hexaedron 5 but M. d’Antic found a method of reconciling thefe feem- ingly oppofite opinions. In a violent hail-ftorm, where the hail (tones were very large, he found they had fharp wedge-like angles of more than half an inch; and in thefe he fuppofed it impoflible to fee two pyramidal tetraedra joined laterally, and not to conclude that each grain was compofed of osftaedrons converging to a centre. Some had a cavity in the middle j and he faw' the oppofite extremities of two oppofite pyramids, which conftitute the oftaedron 5 he likewife faw the o£taedron entire united in the middle j all of them were there¬ fore fimilar to the cryftals formed upon a thread im- merfed in a faline folution. On thefe principles M. d’Antic conftrufled an artificial cxftaedron refembling one of the largeft hailftones *, and found that the angle at the fummit of the pyramid was 450, but that of the junftion of the two pyramids 1450. It is not, however, eafy to procure regular cryftals in hailftones where the operation is conduced with fueh rapidity : in fnow and hoar-froft, udiere the cryftallization goes on more (low¬ ly, our author is of opinion that he fees the rudiments of o&aedra. Ice forms generally on the furface of the w ater : but this too, like the cryftallization, may be Varied by aa alteration in the circumftances. In Germany, particu¬ larly the northern parts of that country, it has been ob¬ ferved that there are three kinds of ice. 1. That which forms on the furface. 2. Another kind formed in the middle of the water, refembling nuclei or fmall hail. 3. The ground ice which is produced at the bottom, efpecially where there is any fibrous fubftance to which it may adhere. This is full of cells like a wafp’s neft, but lefs regular j and performs many ftrange effe&s in bringing up very heavy bodies from the bottom, by means of its inferiority in fpecific gravity to the w-ater in which it is formed. The ice which forms in the mid¬ dle of the water rifes to the top, and there unites into large maffes \ but the formation both of this and the ground ice takes place only in violent and hidden colds, where the water is {hallow, and the furface difturbed in fueh a manner that the congelation cannot take place. The ground ice is very deftruftive to dykes and other aquatic works. In the more temperate Eu¬ ropean climates thefe kinds of ice are not met with. In many countries the warmth of the climate ren¬ ders ice not only a defirable, but even a neceffary article j fo that it becomes an objeft of fome confe- quence to fall upon a ready and cheap method of pro¬ curing it. We (hall here take notice of fome attempts made by Mr Cavallo to difcover a method of produ¬ cing a fufficient degree of cold for this purpofe by the evaporation of volatile liquors. He found, however, in the courfe of thefe experiments, that ether was in¬ comparably fuperior to any other fluid in the degree of cold it produced. The price of the liquor natu¬ rally induced him to fall upon a method of ufing it w'ith as little wafte as poffible. The thermometer he made ufe of had the ball quite detached from the ivory piece on which the fcale was engraved. The various fluids were then thrown upon the ball through the ca¬ pillary aperture of a fmall glafs veffel fhaped like a funnel j and care was taken to throw them upon it fo flowly, that a drop might now and then fall from the under part, excepting when thofe fluids were ufed, which ICE [ 49 ] ICE Ice. which evaporate very flowly; in which cafe it was fufficient barely to keep the ball moift, without any drop falling from it. During the experiment, the thermometer was kept very gently turning round its axis, that the fluid made ufe of might fall upon every part of its ball. He found this method preferable to that of dipping the ball of the thermometer into the fluid and taking it out again immediately, or even of anointing it conftantly with a feather. . The evapora¬ tion, and confequently the cold, produced by it, may be increafed by blowing on the thermometer with a pair of bellows ; though this was not ufed in the ex¬ periments now to be related, on account of the diffi¬ culty of its being performed by one perfon, and like- wife becaufe it occafions much uncertainty in the re- fults. The room in vrhich the experiments were made was heated to 64° of Fahrenheit j and with water it was reduced to 56°, viz. 8° below that of the room or of the water employed. The effedl took place in about two minutes j but though the operation w'as continued for a longer time, it did not fink lower. With fpirit of wine it funk to 48°. The cold was greater with highly redtifled fpirit than with the weaker fort j but the difference is lefs than would be expedled by one who had never feen the experiment made. The pure fpirit produces its effedt much more quickly. On tiling various other fluids which were either compound¬ ed of water and fpirituous liquors, or pure effences, he found that the/cold produced by their evaporation was generally fome intermediate degree between that pro¬ duced by water and the fpirit of wine. Oil of turpen¬ tine funk the mercury three degrees ; but olive oil and others, which evaporate very llowly, or not at all, did not fenfibly affedl the thermometer. To obferve how much the evaporation of fpirit of wine, and confequently the cold produced by it, would be increafed by ele&ricity, he put the tube containing it into an infulating handle, and connected it with the condudlor of an eleftrical machine, which wras kept in affion during the time of making the experiment j by uffiich means one degree of cold feemed to be gained, as the mercury now funk to 470 inftead of 48°, at which it had flood formerly. On trying the three mineral acids, he found that they heated the thermo¬ meter inflead of cooling it; which effedl he attri¬ butes to the heat they themfelves acquired by uniting with the moifture of the atmofphere. The vitriolic acid, which was very ftrong and tranfparent, raifed the mercury to 102°, the fracking nitrous acid to 72°, and the marine to 66°. Hate The apparatus for ufing the leaf! poffible quantity SfC%Xr.ni" ether for freezing water conflfts in a glafs tube (fig. 1.) terminating in a capillary aperture, which is to be fixed upon the bottle containing the ether. Round the lower* part of the neck at A fome thread is wound, in order to let it fit the neck of the bottle. When the experiment is to be made, the Hopper of the bottle containing the ether is to be removed, and the tube juft mentioned put in its room. The thread round the tube ought alfo to be previoufty moiftened with water or fpittle before it is put into the neck of the bottle, in order the more effe&ually to prevent the efcape of the ether betwixt the neck of the phial and tube. Hold then the bottle by its bottom FG ffi^. 2.j VOL. XI. Part I. ' V 6 9 and keeping it inclined as in the figure, the fmall I ftream of ether iffuing out of the aperture D of the tube DE, is directed upon the ball of the thermome¬ ter, or upon a tube containing water or other liquor that is required to be congealed. As ether is very vo¬ latile, and has the remarkable property of increafing the bulk of air, there is no aperture requifile to al¬ low the air to enter the bottle while the liquid flows out. The heat of the hand is more than fufficient to force out the ether in a continued ftream at the aper¬ ture D. In this manner, throwing the ftrearr. of ether upon the ball of a thermometer in fuch a quantity that a drop might now and then, every ten feconds for in- ftance, fall from the bulb of the thermometer, Mr Ca~ vallo brought the mercury down to 30, or 290 below the freezing point, when the atmofphere was fomewhat hotter than temperate. When the ether is very good, i. e. capable of diflolving elaftie gum, and has a fmali bulb, not above 20 drops of it are required to pro¬ duce this effect, and about two minutes of time j but the common fort muft be ufed in greater quantity, and for a longer time ; though at laft the thermometer is brought down by this very nearly as low as by the beft fort. To freeze water by the evaporation of etherj Mr Cavallo takes a thin glafs tube about four inches long^ and one-fifth of an inch diameter, hermetically fealed at one end, with a little water in it, fo as to take up about half an inch of the cavity, as is ffiewn at CB in fig. 3. Into this tube a flender wire H is alfo intro-Fif. 3 duced, the lower extremity of which is twifted into a fpiral, and ferves to draw up the bit of ice when form¬ ed. He then holds the glafs tube by its upper part A with the fingers of the left hand, and keeps it conti¬ nually and gently turning round its axis, firft one way and then the other : whilft with the right hand he holds the phial containing the ether in fuch a man¬ ner as to direft the ftream on the outfide of the tube, and a little above the furface of the water contained in it. The capillary aperture D ftiould be kept almoft: in contadl with the furface of the tube containing the water j and by continuing the operation for two or three minutes, the water will be frozen as it were in an inftant; and the opacity will afcend to C in lefs than half a fecond of time, which makes a beautiful ap¬ pearance. This congelation, however, is only fuper- ficial : and in order to congeal the whole quantity of water, the operation muft be continued a minute or two longer *, after which the wire H will be found kept very tight by the ice. The hand muft then be applied to the outfide of the tube, in order to foften the furfaee of the ice $ which wrould otherwife adhere very firmly to the glafs j but when this is done, the wire H eafily brings it out. Sometimes our author was accuftomed to put into the tube a fmall thermometer inftead of the wire H 5 and thus he had an opportunity of obferving a very curious phenomenon unnoticed by others, viz. that in the wdnter time water requires a fmaller degree of cold to congeal it than in the fummer. In the winter, far inftance, the water in the tube AB will freeze when the thermometer Hands about 300 j but in the fummer, or even when the thermometer Hands at 6o°, the quiek- ftlver muft be brought down 10, 15, or even more de- G grees ICE [ So ] ICE grces below the freezing point before any congelation ^ earn take place. In the fummer time, therefore, a greater quantity of ether, and more time, will be re¬ quired to congeal any given quantity of water than in winter. When the temperature of the atmolphere has been about 40°, our author has been able to congeal a quantity of water with an equal quantity of good ether } but in fummer, two or three times the quantity are re¬ quired to perform the eft’eft. “ There feems (fays he) to be fomething in the air, which, befides heat, inter¬ feres with the freezing of water, and perhaps of all fluids 5 though I cannot fay from my own experience whether the above-mentioned difference between the freezing in winter and fummer takes place with other fluids, as milk, oils, wines,” &c. The proportion of ether requifite to congeal ■water feems to vary with the quantity of the latter j that is, a large quantity of water feems to require a pro- portionably lefs quantity of ether to freeze it than a fmaller one. “ In the beginning of the fpring (fays Mr Cavallo), I froze a quarter of an ounce of water with about half an ounce of ether : the apparatus be¬ ing larger, though fimilar to that deferibed above. Now as the price of ether, fuflieiently good for the purpofe, is generally about i8d. or 2s. per ounce, it is plain, that with an expence under two Ihillings, a quarter of an ounce of ice, or ice-cream, may be made „ in every climate, and at any time, which may afford great fatisfadlion to thofe perfons, who, living in thole places where no natural ice is to be had, never faw or tafted any fuch delicious refrefhment. When a fmall piece of ice, for inftance, of about ten grains weight, is required, the neceffary apparatus is very fmall, and the expence not worth mentioning. I have a fmall box four inches and a half long, two inches broad, and one and a half deep, containing all the apparatus ne¬ ceffary for this purpofe j viz. a bottle capable of con¬ taining about one ounce of ether •, two pointed tubes, in cafe one ibould break •, a tube in which the water is to be frozen, and a wire. With the quantity of ether-contained in this fmall and very portable appa¬ ratus, the experiment may be repeated about ten times. A perfon who withes to perform fuch experiments in hot climates, and in places where ice is not eaflly pro¬ cured, requires only a larger bottle of ether befides the whole apparatus deferibed above.” Eleftricity in- creafes the cold produced by means of evaporating ether but very little, though the effeft is perceptible. Having thrown the electrified and alfo the unelectri¬ fied ttream of ether upon the bulb of a thermometer, the mercury was brought down two degrees lower in the former than in the latter cafe. Our author obferves, for the fake of thofe who may be inclined to repeat this experiment, that a cork confined this volatile fluid much better than a glafs itopple, which it is aitnoft impoffible to grind with fuch exaftnefs as to prevent entirely the evaporation of the ether. When a ftopple, made very nicely out of an uniform and clofe piece of cork, which goes rather tight, is put upon a bottle of ether, the fmell of that fluid cannot be perceived through it; but he never faw a glafs ftopple which could produce that effedt. In this manner, ether, fpirit of wine, or any other vola¬ tile fluid, may be preferved, which does not corrode cork by its fumes. When the Hopple, however, is very often taken out, it becomes loofe, as it will alfo be by long keeping : in either of which cafes it muft be ^ changed. Blink of the ICE, is a name given by the pilots to a bright appearance near the horizon, occafion- ed by the ice, and obferved before the ice itfelf is feen. JcE-Boals, boats fo conftrudted as to fail upon ice, and which are very common in Holland, particular¬ ly upon the river Maefe and the lake Y. See Plate CCLXXVIil. They go Avith incredible fwiftnefs, fometimes fo quick as to affedt the breath, and are found very ufeful in conveying goods and paffengers over lakes and great rivers in that country. Boats of different fizes are placed in a tranfverfe form upon a or 3 inch deal board 5 at the extremity of each end are fixed irons, which turn up in the form of Ikaits j. upon this plank the boat refts, and the two ends ferve as out-riggers to prevent overfetting j whence ropes are faftened that lead to the head of the mail in the nature of fhrouds, and others paffed through a block, acrofs the bowfprit : the rudder is made fomewhat like a hatchet with the head placed downwards, which being prefled down, cuts the ice, and ferves all the purpofea of a rudder in the water, by enabling the heimfman to. fleer, tack, &c. Method of making ICE-CREAM. Take a fufficient quantity of cream, and, when it is to be mixed Avith rafpberry, or currant, or pine, a quarter part as much of the juice or jam, as of the cream : after beating and ftraining the mixture through a cloth, put it with a little juice of lemon into the mould, which is a pewter veffel, and varying in lize and lhape at pleafure j cover the mould, and place it in a pail about two-thirds full of ice, into Avhich two handfuls of fait have been thrown 5 turn the mould by the hand-hold with a quick motion to and fro, in the manner ufed for milling chocolate, for eight or ten minutes; then let it reft as long, and turn it again for the fame time ; and having left it to ftand half an hour, it is fit to be turned out of the mould and to be fent to table. Lemon juice and fugar, and the juices of various kinds of fruits, are frozen with¬ out cream j and when cream is ufed, it ftiould be well mixed. Ice-Hills, a fort of ftrufture or contrivance common, upon the river Neva at Peterfburg, and which afford a perpetual fund of amufement to the populace. They are conflrufted in the following manner. A fcaffolding is raifed upon the river about 30 feet in height, with a landing place on the top, the afeent to Avhich is by a ladder. From this fummit a floping plane of boards, about four yards broad and 30 long, defeends to the fuperficies of the river; it is fupported by ftrong poles gradually decreafing in height, and its fides are defended by a parapet of planks. Upon thefe boards are laid fquare maffes of ice about four inches thick, which, being firft fmoothed with the axe and laid clofe to each other, are then fprinkled with water : by thefe means they coalefce, and, adhering to the boards, immediate¬ ly form an inclined plaine of pure ice. From the bot¬ tom of this plane the fnow is cleared away for the length of 200 yards, and the breadth of four, upon the level bed of the river; and the fides of this courfe, as Aveli as the fides and top of the fcaffolding, are ornamented with firs and pines,. Each perfon, being provided with 3.. Ice. ICE [ a fledge, mounts the ladder 5 and having attained the fummit’, he feats himfelf upon his fledge at the upper extremity of the inclined plane, down which he fullers it to glide with confiderable rapidity, poifing it as he goes down j when the velocity acquired by the de- fcent carries it above 100 yards upon the level ice of the river. At the end of this courfe, there is ufually a flmilar ice-hill, nearly parallel to the former, which begins where the other ends j fo that the perfon imme¬ diately mounts again, and in the fame manner glides down the other inclined plane of ice. This diverfion he repeats as often as he pleafes. The boys alio are continually employed in Ikaiting down thefe hills: they glide chiefly upon one Ikait, as they are able to poife themfelves better upon one leg than upon two. Thefe ioe-hills exhibit a pleaflng appearance up¬ on the river, as well from the trees with which they are ornamented, as from the moving objedls which at particular times of the day are defcending without in- termiflion. ICE-Heufe, a repofltory for ice during the fummer months. The afpedt of ice-houfes fliould be towards the eart or fouth-eaft, for the advantage of the morning fun to expel the damp air, as that is more pernicious than warmth : for which reafon trees in the vicinity of an Ice houfe tend to its difadvantage. The belt foil for an ice-houfe to be made in is chalk, as it conveys away the wafte water without any artifi¬ cial drain *, next to that, loofe ftony earth or gravelly foil. Its fituation flrould be on the flde of a hill, for the advantage of entering the cell upon a level, as in the drawing, Plate CCLXXVIII. To conftrudl an ice-houfe, firft choofe a proper place at a convenient diftance from the dwelling-houfe, or houfes it is to ferve : dig a cavity (if for one family, of the dimenfions fpecified in the defign) of the figure of an inverted cone, finking the bottom concave, to form a refervoir for the wafte water till it can drain off"; if the foil requires it, cut a drain to a confiderable di¬ ftance, or fo far as will come out at the fide of the hill, or into a well, to make it communicate with the fprings, and in that drain form a ftink or air-trap, mark¬ ed /, by finking the drain fo much low'er in that place as it is high, and bring a partition from the top an inch or more into the water, which will confequently be in the trap ; and will keep the well air-tight. Work up a fufficient .number of brick piers to receive a cart¬ wheel, to be laid with its convex fide upwards to re¬ ceive the ice ’y lay hurdles and ftraw upon the wheel, which will let the melted ice drain through, and ferve as a floor: The fides and dome of the cone are to be nine inches thick—the fides to be done in fteened brickwork, 1. e. without mortar, and wrought at right angles to the face of the work : the filling in behind mould be with gravel, loofe Hones, or brick bats, that tne water which drains through the fides may the more -eafily efcape into the well. The doors of the ice- houfe fliould be made as clofe as poilible, and bundles 01 ftraw placed always before the inner door to keep out the air. Defcription of the parts,referred to by the letters.— (i i he line firft dug out. b The brick circumference sjf the cell, c I he diminution of the cell downwards. d i he lefier diameter of the cell, e The cart wheel 51 ] ICE or joifts and hurdles. ./The piers to receive the wheel Ice. or floor, The principal receptacle for ftraw. h The " * inner paftage, i the firft entrance, k the outer door, pafTages having a feparate door each. I An air trap. m The well, n The profile of the piers. 0 The ice filled in. /> The height of the cone, q The dome worked in two half brick arches, r The arched paf, fage. s The door-ways inferted in the walls, t Thfe floor of the pafiage. u An aperture through which he ice may be put into the cell; this muft be covered next the crown of the dome, and then filled in with earth. x The Hoping door, again ft which the ftraw fhould be laid. The ice when to be put in fhould be collefted dm ring the froft, broken into fmall pieces, and rammed down hard in ftralta of not more than a foot, in order to make it one complete body j the care in putting it in, and well ramming it, tends much to its preferva* tion. In a feafon when ice is not to be had in iufficient quantities, Jhovv may be fubftituted. Ice may be preferved in a dry place under ground, by covering it well with chaff, ftraw, or reeds. .Great ufe is made of chaff in feme places of Italy to preferve ice : the ice-Loufe for this purpofe need only be a deep hole dug in the ground on the flde of a hill, from the bottom of which they can eafily carry out a drain, to let out the water which is feparated at any time from the ice, that it may not melt and fpoil the reft. If the ground is tolerably dry, they do not line the fides with any thing, but leave them naked, and on¬ ly make a covering of thatch over the top of the hole : this pit they fill either with pure fnow, orelfe with ice taken from the pureft and cleareft water j becaufethey do not ufe it as we do in England, to fet the bottles in, but really mix it with the wine. They firft cover the bottom of the hole with chaff, and then lay in the ice, not letting it anywhere touch the tides, but ram¬ ming in a large bed of chaff all the way between: they thus carry on the filling to the top, and then cover the furface with chaff ; and in this manner it will keep as long as they pleafe. When they take any of it out for ufe, they wrap the lump up in chaff, and it may then be carried to any diftant place without wafle or melting. It appears from the inveftigation of Profeffor Beck¬ man, in his Hiftory of Inventions, that the ancients from the earlieft ages were acquainted with the method of preferving fnow for the purpofe of cooling liquors in fummer. “ This practice, (he obferves), is mentioned by., Solomon '* ; and proofs of it are fo numerous va.* Proverls^ the works of the Greeks and the Romans, that it isXKV, 1S> unneceflary for me to quote them, efpecially as they have been colledted by others. How the repofitories for keeping it were conftructed, we are not exprefsly told •,, but it is probable that the fnow was preferved in pits or trenches. “ When Alexander the Great befieged the city of Petra, he caufed 30 trenches to be dug, and filled with fnow, which was covered with oak branches, and ’■ nieh kept in that manner for a long time. Plutarch iaysf that a covering of chaff* and’coarfe clcth is fufficient j and at prefent a like method is purfued in Portugal. Where the fnow has been colledled in a deep gulf, fome grafs or greei) fads, covered with dung from the G 2 iheep ICE r 52 ] ICE Ibeep pens, is thrown over it ; and under thefe k is fo well preferved, that the whole fumnier through it is lent the diftance of 60 Spamth (nearly 180 Englifh) miles to Lifbon. ii When the ancients, therefore, wifhed to have cool¬ ing liquors, they either drank the melted fnow, or put fome of it in their wine ; or they placed jars filled with ■wine in the fnow, and fuffered it to cool there as long as they thought proper. That ice was alfo preferved for the like purpofe, is probable from the teilimony of va¬ rious authors 5 but it appears not to have been ufed fo much in warm countries as in the northern. Even at prefent fnow is employed in Italy, Spain, and Portugal 5 but in Perfia ice. I have never any where found an account of Grecian or Roman ice-houfes. By the writ¬ ers on agriculture they are not mentioned.” ICE-IJland, a name given by failors to a great quan¬ tity of ice colle&ed into one huge folid mafs, and float¬ ing about upon the feas near or within the Polar circles. —Many of thefe fludfuating iflands are met with on the coafls of Spitzbergen, .to the great danger of the {hipping employed in the Greenland fifliery. In the naidftofthofe tremendous maffes navigators have been ar¬ retted and frozen to death. In this manner the brave Sir Hugh Willoughby periflied with all his crew in I553 ? an<^ th® yearI773* Lord Mulgrave, after e- very effort which the moft tiniftied feaman could make to accomplifli the end of his voyage, was caught in the ice, and was near experiencing the fame unhappy fate. See the account at large in Phipps's Voyage to the Northi Pole. As there delcribed, the fcene, diverted of the horror from the eventful expectation of change, was the moft beautiful and pidturefque :—Two large fhips becalmed in a vaft bafon, fur rounded on all fides by irtands of various forms: the weather clear : the fun gilding the circumambient ice, which was low, fmooth, and even j covered with fnow, excepting where the pools of Avater on part of the furface appeared cryftal- line with the young ice : the fmall fpace of fea they ■were confined in perfectly fmooth. After fruitlefs at¬ tempts to force a way through the fields of ice, their limits were perpetually contracted by its clofing j till at length itbefet each vefleltill they became immoveably fixed. The fmooth extent of furface Avas foon loft j the prerture of the pieces of ice, by the violence of the fwell, caufed them to pack : fragment rofe upon frag¬ ment till they were in many places higher than the main-yard. The movements of the Ihipswere tremen¬ dous and inAmluntary, in conjunction with the fur- rcunding ice, aCtuated by the currents. The Avater feoaled to 14 fathoms. The grounding of the ice or cf the ftiips would have been equally fatal : The force of the ice might have cruftied them to atoms, or have lifted them out of the water and overfet them, or have left them fufpended on the fummits of the pieces of ice at a tremendous height, expofed to the fury of the winds, or to the rifk of being dallied to pieces by the failure of their frozen dock. An attempt was made to cut a partake through the ice j after a perfeverance worthy of Britons, it proved fruitlefs. The comman¬ der, at all times matter of himfelf, directed the boats to be made ready to be hauled over the ice, till they arrived at navigable water (a talk alone of feven days), and in them to make their voyage to England. The heats were drawn progreflively three whole days. At 4 length a wind fprung up, the ice feparatru fufticiently lee, to yield to the prerture of the full-lailed Ihips, Avhich, Icebergs, after labouring againft the refifting fields of ice, arrived —v'—”" on the 10th of Auguft in the harbour of Smeeringberg, at the weft end of Spitzbergen, between it and Haek- luyt’s Headland. The* forms affumed by the ice in this chilling cli¬ mate are extremely pleating to even the moft incu¬ rious eye. The furface ol that which is congealed from the fea Avater (for we mutt allow it two origins) is flat and even, hard, opake, reiembling white iugar, and incapable of being flid on, like the Britifh ice. The greater pieces, or fields, are many leagues in length ; the lefl'er are the meadows of the icals, on which thefe animals at times frolic by hundreds. The motion of the leffer pieces is as rapid as the currents : the greater, which are femetimes 200 leagues long, and 60 or 80 broad, move Hoav and majeftically } oftfcn fix for a time, immoveable by the power of the ocean, and then pro¬ duce near the horizon that bright white appearance cal¬ led the blink. The approximation of two great fields produces a moft Angular phenomenon ; it forces the leffer (if the term can be applied to pieces of feveral acres iquare) out of the water, and adds them to their furface ; a fecond and often a third lucceeds j fo that the whole forms an aggregate of a tremendous height. Thefe float in the fea like fo many rugged mountains, and are fometimes 500 or 600 yards thick ; but the far greater part is concealed beneath the Avater. Thefe are continually increafed in height by the freezing of the fpray of the fea, or of the melting of the fnow, which falls on them. 1 hofe which remain in this fro¬ zen climate receive continual groAvth ; others are gra¬ dually wafted by the northern Avinds into fouthern la¬ titudes, and melt by degrees, by the heat of the fun, till they wafte away, or difappear in the boundlefs element. The coliifion of the great fields of ice, in high lati¬ tudes, is often attended Avith a noife that for a time takes aAvay the fenfe of hearing any thing elfe j and the leffer with a grinding of unfpeakable horror. The wa¬ ter which dafhes againft the mountainous ice freezes in¬ to an infinite variety of forms j and gives the voyager ideal towns, ftreets, churches, tteeples, and evyy ftiapa which imagination can frame. IcE-Plant. See Mesemeryanthemum, Botany Index. ICEBERGS, are large bodies of ice filling the val¬ leys betAveen the high mountains in northern latitudes. Among the moft remarkable are thofe of the eaft coaft of Spitzbergen (fee Greenland, N° 10.). They are feven in number, but at confiderable diftances from each other $ each fills the valleys for trafls unknown in a region totally inaeceflible in the internal parts. The glaciers * of Switzerland feem contemptible to* See thefe } but prefent often afimilar front into fome lower valley. Thelaft exhibits over the fea a front 300 feet high, emulating the emerald in colour •, cataracts of melted fnow precipitate down various parts, and black fpiring mountains, ftreaked with Avhite, bound the fides, and rife crag above crag, as far as eye can reach in the back ground. See Plate CCLXXV1II. At times immenfe fragments break off, and tumble into the Avater,- with a moft alarming daftiing. A piece of this vivid green fubftance has fallen, and grounded in 24 fathomst/^'f J water, and fpired above the furface 50 feet f. Simi-ptj0> ’ lar I C E [ S3' J ICE General ac count of ! the coun¬ try. Icebergs, Jar icebergs are frequent in all the Arctic regions; and Iceland. t0 lapfes is owing the folid mountainous ice which ■ ^ “ infefts thofe Teas.—Froft fports wonderfully with thefe icebergs, and gives them majeftic as well as other moft lingular forms. Maffes have been feen affuming the fliape of a Gothic church, with arched windows and doors, and all the rich drapery of that ftyle, compofed of what an Arabian tale would fcarcely dare to relate, of cryftal of the richeft fapphirine blue tables with one or more feet; and often immenfe flat-roofed tem¬ ples, like thofe of Luxor on the Nile, fupported by round tranfparent columns of cerulean hue, float by the aftoniihed fpe&ator. Thefe icebergs are the creation of ages, and receive annually additional height by the falling of fnows and of rain, which often inftantly freezes, and more than repairs the lofs occafloned by the influence of the melting fun. ICELAND, a large ifland lying in the northern part of the Atlantic ocean, between 63 aad 68 degrees of north latitude, and between 10 and 26 degrees of Aveft longitude *, its greateft length being about 700 miles, and its breadth 300. This country lying partly within the frigid zone, and being liable to be furrouuded with vaft quantities of ice which come from the polar feas, is, on account of the coldnefs of its climate, very inhofpitable j but much more fo for other reafons. It is exceedingly fubjefl to earthquakes ; and fo full of volcanoes, that the little part of it which appears fit for the habitation of man leems almoft totally laid wafte by them. The bell ac¬ count that hath yet appeared of the ifland of Iceland is in a late publication, intitled “ Letters on Iceland, &c. written by Uno Von Troil, D. D. firfl: chaplain to his Swedifli maje^ly.,, This gentleman failed from London on the 12th of July 1772, in company with Mr Banks, Dr'Solander, and Dr James Lind of Edin¬ burgh, in a Ihip for which 100I. fterling was paid eve¬ ry month. After vifiting the Weftern iflands of Scot¬ land, they arrived on the 28th of Auguft at Iceland, where they call anchor at Befleftedr or Beflaftadr, ly¬ ing in about 64° 6' N. Lat. in the weftern part of the ifland. The country had to them the moft difmal ap¬ pearance that can be conceived. “ Imagine to your- felf (fays Dr Troil) a country, which from one end to the other prefents to your view only barren moun¬ tains, whofe fummits are covered with eternal fnow, and between them fields divided by vitrified cliffs, whofe high and Iharp points feem to vie with each other to deprive you of the fight of a little grafs which fcantily fprings up among them. Thefe fame dreary rocks likewife conceal the few fcattered habitations of the natives, and no where a fingle tree appears which might afford {belter to friendthip and innocence. The prof- pe<5l before us, though not pleafing, was uncommon and furprifing. Whatever prefented itfelf to our view bore the marks of devaftation j and our eyes, accuftomed to behold the pleafing coafts of England, now faw nothing but the veftiges of the operation of a fire, Heaven knows how ancient.” The climate of Iceland, however, is not unwhole- fome, or naturally fubjetSk to exceffive colds, notwhh- ftanding its northerly fituation. There have been initances indeed of Fahrenheit’s thermometer finking to 240 below the freezing point in winter, and rifing to a Account of the cli¬ mate. 104° in fummer. Since the year I749> obfervations have been made on the weather 5 and the refult of thefe obfervations hath been unfavourable, as the coldnefs of the climate is thought to be on the increafe, and of confequence the country is in danger of becoming un¬ fit for the habitation of the human race. Wood, which formerly grew in great quantities all over the ifland, cannot now be railed. Even the hardy firs of Norway cannot be reared in this ifland. They feemed indeed to thrive till they were about two feet high j but then their tops withered, and they ceafed to grow. This is owing chiefly to the ftorms and hurricanes which frequently happen in the months of May and June, and which are very unfavourable to vegetation of every kind. In 1772, Governor Thodal {owed a little bar¬ ley, which grew very brilkly 5 but a fliort time before it was to be reaped, a violent ftorm fo effedlually de- ftroyed it, that only a few grains were found fcattered about. Befides thefe violent winds, this ifland lies un¬ der another difadvantage, 'owing to the floating ice al¬ ready mentioned, with which the coafts are often befet. This ice comes on by degrees, always with an eafterly wind, and frequently in fuch quantities as to fill up all the gulfs on the north-weft fide of the ifland, and even covers the fea as far as the eye can reach j it alio fometimes drives to other {bores. It generally comes ia January, and goes away in March. Sometimes it only reaches the land in April j and, remaining there for a long time, does an incredible deal of mifchief. Itcon- fifts partly of mountains of ice, faid to be fometimes 60 fathoms in height ^ and partly of field ice, which is neither fo thick nor fo much dreaded. Sometimes thefe enormous maffes are grounded in ftioal-water j and in thefe cafes they remain for many months, nay years, undiffolved, chilling the atmofphere for a great way round. When many fuch bulky and lofty ice-maffes are floating together, the wood which is often found drifting between them, is fo much chafed, and preffed with fuch violence together, that it fometimes takes fire : which circumftance has occafioned fabulous ac¬ counts of the ice being in flames. In 1753 and 1754, this ice occafioned fuch a vio¬ lent cold, that horfes and flieep dropped down dead by. reafon of it, as well as for want of food ; horfes were obferved to feed upon dead cattle, and the ftieep ate cff eaeh other’s wool. In 17^5, towards the end of the month of May, the waters were frozen over in one night to the thicknefs of an inch and five lines. In 1756, on the 26th of June, fnow fell to the depth of a yard, and continued falling through the months of July and Auguft. In the year following it froze very hard towards the end of May and beginning of June, in the fouth part of the ifland, which occafioned a great fcarcity of grafs. Thefe frofts are generally fol- lowed by a famine, many examples of which are to be found in the Icelandic chronicles. Befides thefe cala¬ mities, a number of bears annually arrive with the ice, which commit great ravages among the fheep. The- Icelanders attempt to deftroy thefe intruders as foon as they get fight of them. Sometimes they affemble toge¬ ther, and drive them back to the ice, with which they often float off again. For want of fire-arms, they are obliged to ufe fpears on thefe occafions. The govern¬ ment alfo encourages the deftru£tion of thefe animals, Iceland. ICE l t , Ice!anJ° by paying a premium ef 10 dollars for every bear that is killed, and pur dialing the Ikin of him v,ho killed it. Notwithftanding this difmal pidure, however, taken from "V on Trdl’s letters, fome trads of ground, in kigh cultivation, are mentioned as being covered by the great eruption of lava in 1783. It is poflible, there¬ fore, that the above may have been fomewhat exagge¬ rated. Thunder and lightning are feldom heard in Iceland, except in the neighbourhood of volcanoes. Aurora Borealis is very frequent and ftrong. It moll: com¬ monly appears in dry weather j though there are not wanting inftances of its being feen before or after rain, or even during the time of it. The lunar halo, which prognofticates bad weather, is likewife very frequent here j as are alfo parhelions, which appear from one t© nine in number at a time. Thefe parhelions are ob- fcryed chiefly at the approach of the Greenland ice, which an intenfe degree of frofl: has produced, and the frozen vapours fill the air. Fire-balls, fometimes round and fometimes oval, are obferved, and a kind of ignis fatuus which attaches itfelf to men and beads; and co¬ mets are alfo frequently mentioned in their chronicles. 1 his laft circumitance deferves the attention of aftrono- mers. Iceland, belides all the inconveniences already men¬ tioned, has two very terrible ones, called by the na¬ tives fkrida and fniofiodi: the name of the firfl: imports iarge pieces of a mountain tumbling down and deftroy- ing the lands and houfes which lie at the foot of it : this happened in I554> wben a whole farm was ruined, and thirteen people buried alive. The other word fig- nifies the effefts of a prodigious quantity of fnow, which covers the top of the mountains, rolling down in im- menfe maffes, and doing a great deal of damage : of this there was an inftance in 1699, during the night, w'hen two farms were buried, with all their inhabitants and cattle, Xhis laft accident Iceland has in common with all very mountainous countries, particularly Swit- , zerland. Account of “ Iceland abounds with hot and boiling fprings, fome the hot of which fpout up into the air to a furpriling height. Iceland0^ ^le ^,eau which have been contrived with fo from Von Inuc^1 art> an<^ at fucb an enormous expence, cannot by Trail's Let- any means be compared with thefe wonders of nature ten. in Iceland. the water-works at Herenhaufen throw up a Angle column of water of half a quarter of a yard in circumference to a height of about 70 feet; thofe at the Winterkeften at Caflel throw it up, but in a much 'thinner column, 130 feet; and the jet d’eau at St Cloud, which is thought the greateft of all the French water-works, calls up a thin column 80 feet into the air ; but fome fprings in Iceland pour forth columns of water feveral feet in thieknefs to the height of many fathoms ; and many affirm of feveral hundred feet. “ 1 hefe fprings are unequal in their degrees of heat; but we have obferved none under 188 degrees of Fah¬ renheit’s thermometer; in fome it is 192, 193, 212, and in one {mall vein of water 213 degrees. From fome the water flows gently, and she fpring is then called long, “ a bath from other; it fpouts with a great noife, and is then talk-: HurtR, i-r hitt-'l It is very common for fome of theie fpouiing fprings 10 ciofe 2 4 ] ICE up, and others t<3 appear in their ftead. All thefe hot Iceland, waters have an incrufting quality, fo that we very com- monly find the exterior furface from whence it burfts forth covered with a kind of rind, which almoft refem- bles chafed work, and which we at firft took for lime, but which was afterwards found by Mr Bergman to be of a filiceous or flinty nature. In fome places the wa¬ ter taftes of fulphur, in others not; but when drank as foon as it is cold, taftes like common boiled water. The inhabitants ufc it at particular times for dyeing ; and were they to adopt proper regulations, it might be of ftill greater ufe. Viftuals may alfo be boiled in it, and milk held over its fteam becomes fweet ; owing, molt probably, to the exceflive heat of the water, as the fame effedt is produced by boiling it a long time over the fire. They have begun to make fait by boiling fea water over it, which when it is refined, is very pure and good. The cows which diink this hot water yield a great deal of milk. Egbert Olafsen relates, that the water does not become turbid when alkali is thrown into it, nor does it change the colour of fyrup of violets, rlorrebow afferts, that if you fill a bottle at one of the fpouting fprings, the water will boil over two or three times while the fpring throws forth its water; and if corked too foon, the bottle will burft. 4 “ Among the many hot fprings to be met with in A- partial- Iceland, feveral bear the name of geyfer: the following ^delcnp- is a defcription of the moft remarkable of that name, ^ °ne and in the whole ifland. It is about two days journey Geyfer. from Hecla, near a farm called Haukadul. Here a poet would have an opportunity of painting whatever nature has of beautiful and terrible, united in one pic¬ ture, by delineating this furprifing phenomenon. Re- prefent to yourfelf a large field, where you fee on one lide, at a great diftance, high mountains covered with ice, whofe fummits are generally wrapped in clouds, fo that their ftiarp and unequal points become invifible. This lofs, however, is compenfated by a certain wind, which caufes the clouds to fink, and cover the mountain itfelf, when its fummit appears as it were to reft on the clouds. On the other fide Hecla is feen, with its three points covered with ice, rifing above the clouds, and, with the fmoke which afcends from it, forming other clouds at fome diftance from the real ones : and on an¬ other fide is a ridge of high rocks, at the foot of which boiling water from time to time iffues forth ; and fur¬ ther on extends a marfti of about three Englilh miles in circumference, where are 40 or 50 boiling fprings, from which a vapour afcends to a prodigious height.—— In the midft of thefe is the greateft fpring geyfer, which deferves a more exaft and particular account. In tra¬ velling to the place, about an Englifti mile and a half from the liver, from which the ridge of rocks ftill divi¬ ded us, we heard a loud roaring noife, like the rufhing of a torrent precipitating itfelf from ftupendous recks. We afked our guide what it meant; he anfwered, it was geyfer roaring ; and we foon faw with our naked eyes what before feemed almoft incredible. “ T he depth of the opening or pipe from which the water gufhes cannot well be determined; for fome- times the ater funk down feveral fathoms, and fome feconds } a fled before a ftone which was thrown into the aperu cached the furface of the water. The opening rtfeif was perfectly round, and 19 feet in dia¬ meter, ICE _ [ 55 ] Iceland, meter, and terminated in a bafon feet in diameter, ourfelves before V"—-' Both the pipe and the bafon were covered with^ a rough ftala&itic rind, which had been formed by the force of the water: the outermoft border of the bafon is nine feet and an inch higher than the pipe itfelf. The water here fpouted feveral times a-day, but always by ftarts, and after certain intervals. The people who lived in the neighbourhood told us, that they rofe higher in cold and bad weather than at other times ; and Egbert Olafsen and feveral others affirm, that it has fpouted to the height of 60 fathoms. Mott probably they gueffed only by the eye, and on that account their calculation may be a little extravagant 5 and indeed it is to be doubted whether the water was ever thrown up fo high, though probably it fometimes mounts higher than when we obferved it. The method w-e took to obferve the height was as follows. Every one in com¬ pany wrote down, at each time that the water fpouted, how high it appeared to him to be thrown, and we af¬ terwards chofe the medium. The firfl: column marks the fpoutings of the water, in the order in which they followed one another ; the fecond, the time when thefe eifufions happened ; the third, the height to which the water rofe *, and water continued. the laid, how long each fpouting of Nc Time. At VI 42 m. 1 2 3- 4 5 6—VIII 8- 51 -VII16 31 5i 17 29 36 Height. 30 feet. 6 6 12 60 s 24 18 12 Duration. o 20 feconds. 20 10 15 6 3° 40 40 The pipe was now for the firll time full of water, which ran flowly into the bafon. 48 24 10 00 “ At 35 minutes after twelve we heard, as it were, three difeharges of a gun under ground, which made it ffiake : the water flowed over immediately, but in- llantly funk again. At eight minutes after two, the water flowed over the border of the bafon. At 15 mi¬ nutes after three, we again heard feveral fubterranean noifes, though not fo ft rung as before. At 4 3 mi¬ nutes after four, the water flowed over very ftrengly during the fpace of a minute. In fix minutes after, we heard many loud fubterraneous difeharges, not on¬ ly near the fpring, but alfo from the neighbouring ridge of rocks, where the water fpouted. At mi¬ nutes after fix, the fountain fpouted up to the height of 92 feet, and continued to do fo for four minutes. After this great effort, it funk down very low into the pipe, and was entirely quiet during feveral minutes; but foon began to bubble again : it was not, how¬ ever, thrown up into the air, but only to the top of the pipe. “ The force of the vapours which throw up thefe waters is exceffive : it not only prevents the ftones Avhieh are thrown into the opening from finking, but even throws them up to a very great height, together with the water. When the bafon was full, we placed I C E the fun in fuch a manner that we Iceland, could fee cur fhadows in the water ; when every one‘'"“’"V"'’"' obferved round the fliadmv of his own head (though not round that of the heads of others), a circle of al- moft the fame colours which compofe the rainbow, and round this another bright circle. This moft pro¬ bably proceeded from the vapours exhaling from the water. u Not far from this place, another fpring at the foot of the neighbouring ridge of rocks fpouted water to the height of one or two yards each time. The opening through which this water iffued was not fo wide as the other : we imagined it poffible to flop up the hole entirely by throwing large ftones into it, and even flattered ourfelves that our attempts had fuc- ceeded : but, to our aftoniftament, the water guftied forth in a very violent manner. We haftened to the pipe, and found all the ftones thrown afide, and the water playing freely through its former channel. In thefe large fprings the waters were hot in the higheft degree, and tafted a little of fulphur j but in other refpefts it was pure and clear. In the fmaller fprings of the neighbourhood the water was tainted : in feme, it was as muddy as that of a clay-pit : in others, as white as milk j and in fome few, as red as blood. r “ Iceland abounds with pillars of bafaltes, which Account of the lower fort of people imagine have been piled upon the bafaltic each other by the giants, who made ufe of fuptrna-P1^215* ^cc* tural force to effeft it. They have generally from three to feven fides j and are from four to fix feet in thicknefs, and from 12 to 16 yards in length, without any horizontal divifions. But fometimes they are only from fix inches to one foot in height, and they are then very regular, infomuch that they are fometimes made ufe of for windows and door-pofts. In fome places they only peep out here and there among the lava, or more frequently among the tufa ; in other places they are quite overthrown, and pieces of broken pillars only make their appearance. Sometimes they extend without interruption for two or three miles in length. In one mountain they have a Angular appear¬ ance : on the top the pillars lie horizontally, in the middle they are Hoping ; the loweft are perfectly per¬ pendicular j and in fome parts they are bent into a femicircular figure. The matter of the Iceland bafaltes feems to be the fame with that of Staffa •, though in fome it is more porous, and inclines to a gray. Some we obferved which were of a blackilh gray, and com- pofed of feveral joints. Another time we obferved a kind of porous glaffy Hone, confequently a lava, which was fo indiftinftly divided, that we were for fome time at a lofs to determine whether it was bafaltes or not, though at laft we all agreed that it was. Iron ore is found in fome parts of the ifland, and that beautiful copper ore called malachites. Horrebow fpeaks of native filver. A ftratum of fulphur is found near Myvatu from nine inches to two feet in thicknefs ; partly of a brown colour, and partly of a deep orange. Immediately over the fulphur is a blue earth \ above that a vitriolic and aluminous one } and beneath the fulphur a reddifli bole. ^ At what time the iiland of Iceland was firfl: peopled Hiftory ef is uncertain. An Englifti colony indeed is faid to the ifland. have been fettled there in the beginning of the fifth century j ICE f 56 ] ICE Iceland, century ; but of this there are not fufficlent proofs. There is, however, reafon to fuppofe that the Er.glHh &nd Irifh were acquainted with this country under another name, long before the arrival of the Norwe¬ gians 5 for the celebrated Bede gives a pretty accurate defcription of the iflancf. But of the original inhabi¬ tants we cannot pretend to fay any thing, as the Ice¬ land chronicles go no farther back than the arrival of the Norwegians. What they relate is to the following purpofe. Naddodr, a famous pirate, was driven on the coaft of Iceland in 861, and named the country Snio-land, “ Snow-land,” on account of the great quantities of fnow with which he perceived the mountains covered. He did not remain there long : but on his return ex¬ tolled the country to fuch a degree, that one Garder Suafarfon, an enterpriling Swede, was encouraged by his account to go in fearch of it in 864. He failed quite round the ifland, and gave it the name of Gar- daljholmur, or Carder’s illand. Having remained in Iceland during the winter, he returned in the fpring to Norway, where he defcribed the new-difcovered ifland as a pleafant well-wooded country. This excited a defire in Floke, another Swede, reputed the greateft navigator of kis time, to undertake a voyage thither. As the compafs was then unknown, he took three ravens on board to employ them on the difcovery. By the way he vifited his friends at Ferro ; and having failed farther to the northward, he let fly one of his ravens, which returned to Ferro. Some time after, he difmified the fecond, which returned to the fhip again, as he could find no land. The lafi: trial proved more iuccefsfulq the third raven took his flight to Iceland, ' where the fhip arrived a few days after. Floke ftaid here the whole winter with his company 5 and, be- Caufe he found a great deal of floating ice on the north fide, he gave the country the name of Iceland, which it has ever fince retained. When they returned to Norway in the following fpring, Floke, and thofe that had been with him, made a very different defcription of the country. Floke de¬ fcribed it as a wretched place*, while one of his com¬ panions named'77/0e////r, praifed it fo highly, that he affirmed butter dropped fromevery plant; which ex¬ travagant commendation procured him the name of Thoralfr-fmior, or Butter-Thorulfr. From this time there are no accounts of any voyages to Iceland, till Ingolfr and his friend Leifr undertook one in 874. They fpent the winter on the ifland, and determined to fettle there for the future. Ingolfr returned to Norway, to provide whatever might be neceffary for the comfortable eftablithment of a colony, and Leifr in the mean time went to affirt in the war in England. After an interval of four years, they again met in Iceland, the one bringing with him a confiderable number of people, with the neceffary tools and inftruments for making the country habitable ; and the other imported his acquired treafures. After this period many people went there to fettle ; and, in the fpace of 60 years, the whole ifland was inhabited. The tyranny of Harold king of Norway contributed not a little to the population of Iceland ; and fo great was the emigration of his iubjefts, that he was at laft obliged to iffue an order, that no one fhould fail from Norway to Iceland without paying four ounces of fine IcelanJ. filver to the king. w— Befides the Norwegians, new colonies arrived from different nations, between whom wars foon commen¬ ced j and the Icelandic hiftories are full of the accounts of their battles. To prevent thefe confli£ts for the future, a kind of chief was chofen in 928, upon whom great powers were conferred. This man was the fpeaker in all their public deliberations j pronounced fentence in difficult and intricate cafes 5 decided all difputes $ and published new laws, after they had been received and approved of by the people at large : but he had no power to make laws without the approbation and con- lent of the reff. He therefore affembled the chiefs whenever the circunafiances feemed to require it ; and after they had deliberated among themfelves, he repre- fented the opinion of the majority to the people, whofe affent was neceffary before it could be confidered as a law. His authority among the chiefs and leaders, however, was inconfiderable, as he was chofen by them and retained his place no longer than while he prefer- ved their confidence. This inftitution did not prove fufficient to reftrain the turbulent fpirit of the Icelanders. They openly waged war with each other j and, by their inteftine conflicts, fo weakened all parties, that the whole be¬ came at laft a prey to a few arbitrary and enterprifing men ; who, as is too generally the cafe, wantonly abufed their power to the opprelfion of their country¬ men, and the difgrace of humanity. Notwithflanding thefe troubles, however, the Icelanders remained free from a foreign yoke till 1261 ; when the greateft part of them put themfelves under the protection of Hakans king of Norway, promifing to pay him tribute upon certain conditions agreed on between them ; and the reft followed their example in 1264. Afterwards, Iceland, together with Norway, became fubjeft to Denmark. For a long time the care of the ifland was committed to a governor, who commonly went there once a-year j though, according to his inftruc- tions, he ought to have refided in Iceland. As the coun¬ try fuffered incredibly through the abfence of its go¬ vernors, it was refolved a few years ago that they ftiould refide there, and have their feat at Beffefftedr, one of the old royal domains. He has under him a bailiff, two laymen, a fheriff, and 21 fyjfelmen, or ma- giftrates who fuperintend fmall diftritls 5 and almoft ^very thing is decided according to the laws of Den¬ mark. y At the firft fettlement of the Norwegians in Iceland, Manners, they lived in the fame manner as they had done in their &c. of the own country, namely, by war and piracy. Their ft-Icelanders, tuation with regard to the kings of Norway, however, foon obliged them to apply to other ftates, in order to learn as much of the knowledge of government and politics as was neceffary to preferve their colony from fubjugation to a foreign yoke. For this purpofe they often failed to Norway, Denmark, Sweden, England, and Scotland. The travellers, at their return, were obliged to give an account to their chiefs of the flat© of thofe kingdoms through which they palled. For this reafon, hiftory, and what related to fcience, was held in high repute as long as the republican form of government lafted ^ and the great number of hiftories to ICE Iceland, to be met with in the country, fliow at leaft the deiire of the Icelanders to be inftruffed. To fecure them- felves, therefore, againft their powerful neighbours, they were obliged to enlarge their hiftorical knowledge. They likewife took great pains in ftudying perfectly their own laws, for the maintenance and protection of their internal fecurity. Thus Iceland, at a time when ignorance and obfcurity overwhelmed the reft of Europe, was enabled to produce a confiderable number of poets and hiftorians. When the Chriftian religion was introduced, about the end of the 10th century, more were found converfant in the law than could have been expefted, conudering the extent of the country, and the number of its inhabitants. Fiihing was fol¬ lowed among them ; but they devoted their attention confiderably more to agriculture, which has fince en¬ tirely ceafed. Two things have principally contributed towards producing a great change both in their charafter and way of life, viz. the progrefs of the Chriftian religion, and their fubjedftion firft to Norway, and afterwards to Denmark. For if religion, on one fide, commanded them to defift from their ravages and warlike expedi¬ tions ; the fecular power, on the other, deprived them of the neceflary forces for the execution of them : and, fince this time, we find no farther traces of their heroic deeds, except thofe which are preferved in their hiftories. The modern Icelanders apply themfelves to fiihing and breeding of cattle. They are middle-fized and well made, though net very ftrong ; and the women are in general ill-featured. Vices are much lefs com¬ mon among them, than in other pails where luxury and riches have corrupted the morals of the people. Though their poverty difables them from imitating the hofpitality of their anceftors in all refpects, yet they continue to {how their inclination to it : they cheerfully give away the little they have to fpare, and exprefs the utmoft joy and fatisfa&ion if you are plea- fed with their gift. They are uncommonly obliging and faithful, and extremely attached to government. They are very zealous in their religion. An Icelander never pafles a river or any other dangerous place, with- out. previoufly taking off his hat, and imploring the divine protection •, and he is always thankful for the protection of the Deity when he has paffed the dan¬ ger m.fafety. They have an inexpreflible attachment to their native country, and are nowhere fo happy. An Icelander therefore rarely fettles in Copenhagen, though ever fuch advantageous terms fttould be offered him. On the other hand, we cannot afcribe any great induftry or ingenuity to thefe people. They work on m tne way to which they have all along been accuf- tomed, without thinking of improvements. They are not cheerful in converfation, but fimple and credulous ; and have no averfion againfl: a bottle, if they can find an. opportunity. When they meet together, their chief paftime confifts in reading their hiftory. The maft.er of the houfe makes the beginning, and the reft continue in their turns when he is tired. Some of them, know theie {lories by heart •, others have them in print, and others in writing. Befides this, they are great players at chefs and cards, but only for their amuiement, fince they never play for money 5 which, however, feems to have been formerly in wfe ainone ^ ot. XL Part I, I C E them j fince by one of their old laws, a fine is im- Iceland, pofed upon thofe who play for money. * The modern Icelanders have made very little alte- Their drefs ration in their drefs from what was formerly in ufe. The men all wear a linen ftiirt next to the {kin, with a fhort jacket, and a pair of wide breeches over it. When they travel, another ftiort coat is put over all. The whole is made of coarfe black cloth, called wad- tnal; but feme wear clothes of a white colour. Oa their head they wear large three-cornered hats, and on the feet Iceland Ihoes and worfted {lockings. Some of them indeed have {hoes from Copenhagen j but,‘ as they are rather too dear for them, they generally make their own (hoes, fometimes of the hide of oxen, but more frequently of {beeps leather. They make them by cutting a fquare piece of leather, rather wider than the length of the foot; this they few up at the toei and behind at the heel, and tie it on with leather thongs. Thefe ftioes are convenient enough where the country is level ; but it would be very difficult for us who are not accuftomed to walk with them amongft the rocks and ftones, though the Icelanders do it with great cafe. The women are likewife dreffed in black wadmal.- They wear a bodice over their ftiifts, which are fewed up at the bofom ; and above this a jacket laced bo- fore with long narrow fieeves reaching down to the wrifts. In the opening on the fide of the fleeve, they have buttons of chafed filver, with a plate fixed to each button j on which the lover, when he buys them in order to prefeut them to his miftrefs, takes care t* have his name engraved along with hers. At the top of the jacket a little black collar is fixed, of about, three inches broad, of velvet or filk, and frequently trimmed with gold cord. The petticoat is likewife of ' wadmal, and reaches down to the ankles. Round the top of it is a girdle of filver or fome other metal, to which they fallen the apron, which is alfo of wadmal, and ornamented at top with buttons of chafed filver. Over all this they wear an upper drefs nearly refem- bling that of the Swedilli peafants; with this differ¬ ence, that it is wider at bottom : this is clofe at the neck and wrifts, and a hand’s-breadth {hotter than the petticoat. It is adorned with a facing down to the bottom, which looks like cut velvet, and is generally wove by the Icelandic women. On their fingers they wear gold, filver, or brafs rings. Their head-drefs confifts of feveral cloths wrapped round the head al- moft as high again as the face. It is tied fall with a handkerchief, and ferves more for warmth than orna¬ ment. Girls are not allowed to wear this head-drefs till they are marriageable. At their weddings they are adorned in a very particular manner $ the bride wears, clofe to the face, round her head-drefs, a crown of filver gilt. She has two chains round her neck, one of which hangs down very low before, and the other refts on her ffioulders. Befides thefe, ffie wears a leffer chain, from whence generally hangs a little heart, which may be opened to put fome kind of per¬ fume in it. This drefs is worn by all the Icelandic women without exception : only with this difference, that the poorer fort have it of coarfe wadmal, with ornaments of brafs ; and thofe that are in eafier cir- cumftances have it of broad cloth, with filrer orna¬ ments gilt. [ 57 1 H The . ICE [ 55 1 ICE Iceland. The houfes of the Icelanders are very indifferent, V v—— worft are fjjjfj be on the fouth lide of the Houfw. ifland. In fome parts they are built of drift-wood, in others of lava, alraoft in the fame manner as the ftone- walls we make for inclofures, with mofs fluffed be¬ tween the pieces of lava. In fome houfes the walls are wainfcotted on the infide. The roof is covered with fods, laid over rafting, or fometimes over the ribs of whales j the walls are about three yards high, and the entrance fomewhat lower. Inftead of glafs, the win¬ dows are made of the chorion and amnios of ftieep, or the membranes which furround the womb of the ewe. Thefe are ftretched on a hoop, and laid over a hole in the roof. In the poorer fort of houfes they employ for the windows the inner membrane of the ftomach of ani- 1Q mals, which is lefs tranfparent than the others. Diet. As the ifland of Iceland produces no kind of grain, the inhabitants of confequence have no bread but what is imported 5 and which being too dear for common ufe, is referved for weddings and other entertainments. The following lift of their viands is taken from Troil’s Letters. “ 1. Flour of jialgras, (lichen ijlandicus'), or rock- grafs. The plant is firft walhed, and then cut into fmall pieces by fome j though the greater number dry it by fire or in the fun, then put it into a bag in which it is well beaten, and laftly work it into a flour by ftamping. “ 2. Flour of komfygr, (polygonum bifiorta'), is pre¬ pared in the fame manner, as well as the two other forts of wild corn melur (arundo arenaria, and arundo foliorum lateribus convolutis), by feparating it from the chaff, pounding, and laftly grinding it. “ 3. Surl fmoer, (four butter). The Icelanders feldom make ufe of frefh or fait butter, but let it grow four before they eat it. In this manner it may be kept for 20 years, or even longer •, and the Icelanders look upon it as more wholefome and palatable than the but¬ ter ufed among other nations. It is reckoned better the older it grows •, and one pound of it then is valued as much as two of frefti butter. “ 3. Striugy or whey boiled to the confiftence of four pfflk, and preferved for the w inter. “ 4. Fiftx of all kinds, both dried in the fun and in the air, and either faked or frozen. Thofe prepared in the laft manner are preferred by many. “ 5. The flefli of bears, ftieep, and birds, which is partly faked, partly hung or fmoked, and fome preferved in calks w ith four or fermented whey poured over it. , “ 6. Mifojl, or whey boiled to cheefe, which is very good. But the art of making other kinds of good cheefe is loft, though fome tolerably palatable is fold in the eaft quarter of Iceland. “ y. BeinaJlriug, bones and cartilages of beef and mutton, and likewife bones of cod, boiled in whey till they are quite diffolved : they are then left to ferment, and are eaten with milk. “ 8. Shyr. The curds from which the whey is fqueezed are preferved in calks or oilier veffels j they are fometimes mixed with black crow'-berries or juni- per-berries, and arc likewife eaten with new milk. “ 9. -Syra, is four whey kept in calks, and left to ferment j which, however, is not reckoned fit for ufe till a year old, \ “ 10. Bianla, is a liquor made of water, to which Iceland, a twelfth part of fyra is added. In winter, it is -v— mixed with the juice of thyme and of the black crow- berries. “ 11. They likewife eat many vegetables, fome of which grow wild, and fomc are cultivated j alfo Ihell- fifh and mulhrooms.” The Icelanders in general eat three meals a-day, at feven in the morning, two in the afternoon, and nine at night. In the morning and evening they common¬ ly eat curds mixed with new' milk, and fometimes with juniper or crow-berries. In fome parts, they alfo have pottage made of rock-grafs, which is very palatable, or curdled milk boiled till it becomes of a red colour, or new milk boiled a long time. At dinner, the food oonfifts of dried filh, with plenty of four butter 5 they alfo fometimes eat frefti fifti, and, when poflible, a lit¬ tle bread and cheefe with them. It is reported by fome, that they do not eat any fifli till it is quite rot¬ ten j this report perhaps proceeds from their being fond of it when a little tainted : they however fre¬ quently eat fifti which is quite frefti, though, in the fame manner as the reft of their food, often without fait. The common beverage is milk, either warm from the cow or cold, and fometimes boiled : they likewife ufe butter-milk with or without water. On the coafls they generally drink blanda and four milk ; which is fold after it is Ikimmed at two-fifths of a rixdollar per calk : fome likewife fend for beer from Copenha¬ gen, and fome brew their own. A few of the princi¬ pal inhabitants alfo have claret and coffee. T he com¬ mon people fometimes drink a kind of tea, which they make from the leaves of the dryas oElopetala, and the veronica officinalis. On the coafts the men employ themfelves in fifti- ing, both fummer and winter. On their return home, ment, ma- when they have drawn and cleaned their fifti, they give nufadturei, them to their w ives, whofe care it is to dry them. In the winter, when the inclemency of the weather pre¬ vents them from fiftiing, they are obliged to take care of their cattle, and fpin wool. In fummer, they mow the grafs, dig turf, provide fuel, go in fearch of ftieep and goats that were gone aftray, and kill cattle. They prepare leather with the fpircea ulmaria inftead of bark. Some few work in gold and filver ^ and others are inftru£led in mechanics, in which they are tolerable proficients. The w'omen prepare the fifti, take care of the cattle, manage the milk and wool, few, fpin, and gather eggs and down. When they work in the evening, they ufe, inftead of an hour-glafs, a lamp with a wick made of epilobium dipt in train oil, which is contrived to burn four, fix, or eight hours. Among the common people of Iceland, time is not reckoned by the courfe of the fun, but by the work they have done, and which is prefcribed by law. Ac¬ cording to this prefcription, a man is to mow as much hay in one day as grow s on 30 fathoms of manured foil, or 40 fathoms of land which has not been manured ; or he is to dig 700 pieces of turf eight feet long and three broad. If as much fnow falls as reaches to the horfes bellies, a man is required daily to clear a piece of ground fuflicient for 100 ftieep. A woman is to rake together as much hay as three men can mow , or to weave three yards of wadrual a-day. Th* TcelantJ. I C £ The wages of a man are fixed 12 T:lifeafe> *3 Commerce and reve- tme. 12 yards of wadmal j and thofe of a woman at two dollars and five yards of wadmal. When men are fent a-fi(hing out of the country, there is allowed to each man, by law, from the 25th of September to the 14th of May, fix pounds of butter, and 18 pounds of dried fifii every week. This may feem to be too great an allowance ; but it muft be remembered that they have nothing elfe to live upon. When they are at home, and can get milk, &.c. every man receives only five pounds of dried fifii and three quarters of a pound of butter a-week. The food and manner of life of the Icelanders by no means contribute to their longevity. It is very rare indeed to fee an inhabitant of Iceland exceed the age of 50 or 60 ; and the greater part are attacked by grievous difeafes before middle age. Of thefe the feurvy and elephantiafis or leprofy are the worft. . I hey are alfo fubjeft to the gout in their hands, owing to their frequent employment in fiihing, and handling the wet fifiiing-tackle in cold weather. St Anthony’s fire, the jaundice, pleurify, and lownefs of fpirits, are frequent complaints in this country. The fmalhpox alfo is exceedingly fatal, and not long ago deftroyed 16,000 perfons. By thefe difeafes, and the frequent famines with which the country has been affii&ed, the inhabitants are reduced to a much fmaller number than they formerly were, infomuch that it is computed they do not in all exceed 60,000. The exports of Iceland confift of dried fifii, failed mutton and lamb, beef, butter, tallow, train-oil, coarfe woollen cloth, ftockings, gloves, raw wool, fheep-fkins, lamb-fldns, fox-furs of various colours, ei¬ der down, feathers, and formerly fulphur; but there is no longer a demand for this mineral. On the other hand, the Icelanders import timber, fiftiing-lines and hooks, tobacco, bread, horfe-fiioes, brandy, wine, fait, linen, a little filk, and a few other neceflaries, as well as fuperfluities for the better fort. The whole trade of Iceland is engroffed by a monopoly of Danes, in¬ dulged with an exclufive charter. This company maintains factories at all the harbours of Iceland, where they exchange their foreign goods for the mer- ehandife of the country j and as the balance is in fa¬ vour of the Icelanders, pay the overplus in Danifii money, which is the only current coin in this ifland. All their accounts and payments are adjufted accord¬ ing to the number of fi(h : two pounds of fifli are worth two Ikillings in fpecie, aud 48 fifti amount to one rixdollar. A Danifh crown is computed at 30 fifii: what falls under the value of 12 fifii cannot be paid in money ; but mufi: be bartered either for filh wr roll-tobacco, an ell of which is equal to ono fifh. The weights and meafures of the Icelanders are nearly the fame with thofe ufed in Denmark. The Icelanders being neither numerous nor warlike, and altogether unprovided with arms, ammunition, garrifons, or fleets, are in no condition to defend themfelves from invafion, but depend entirely on the prote&ion of his Danifii ma- jefty, to whom they are fubjeft. The revenues which he draws from this ifiand confift of the income of divers eftates, as royal demefne, amounting to about 8coo dol¬ lars per annum j of the money paid by the company foj an exclufive trade, to the value of 20,000 dollars j [ S9 1 1 c E at four dollars and and of a fixed proportion in the tythes of fi£h paid in , •v* 14 fome particular diftri£ls. . # Iceland is noted for the volcanoes with which it V()lc;,7i0es abounds, as already mentioned, and which feem to be0f jceiai-4, more furious than any yet difeovered in the other parts of the globe. Indeed, from the lateft accounts, it would feem that this miferable country were little ether than one continued volcano. Mount Hecla has been commonly fuppofed to be the only burning mountain, or at leaft the principal one, in the ifiand : (fee Hecla). It has indeed been more taken notice of than many others of as great extent, partly from its having bad more frequent eruptions than any fingle one, and partly from its fituation, which expofes it to the fight of fiiips failing to Greenland and North America. But in a lift of eruptions publiftied in the appendix to Pennant’s Arftic Zoology, it appears, that out of remarkable ones, only one-third have pro¬ ceeded from Hecla, the other mountains it feems being no lefts adtive in the work of defiruftion than this celebrated one. Thefe eruptions take place in the mountains covered with ice, which the inhabitants call Johuls. Some of thefe, as appears from a large map of Iceland made by order ©f his Danifti majefty in 1734, have been fwallawed up. Probably the great lakes met with in this country may have been occa- fioned by the finking of fuch mountains, as feveral inftances of a fimilar nature are to be met with in other parts of the world. The great Icelandic lake called Myvatu may probably have been one. Its bottom is entirely formed of lava, divided by deep cracks, which fhelter during winter the great quantity of trout which inhabit this lake. It is now only 3c feet deep, but originally was much deeper $ being nearly filled up in the year 1718 by an eruption of the great mountain Krajie. The fiery ftream took its courfe toward* MyvatUy and ran into it with an horrid noife, which continued till the year 1730. “ The mountains of Iceland (fays Mr Pennant) are of two kinds, primitive and pofterior. The former confift of ftrata ufually regular, but fometimes confu- fed. They are formed of different forts of {tone without the leart appearance of fire. Some are compoled of fand and free-ftone, petrofilex or chirt, flaty or fiffile ftone, and various kinds of earth or bole, and fteatitesj different forts of breccia or conglutinated {tones j ja{- pers of different kinds, Iceland cryftal •, the common rhomboid fpathum, chalcedonies ftratified, bofryvid; zeolites of the moft elegant kinds j cryftals, and va¬ rious other fubftances that have no relation to vol¬ canoes. Thefe primitive mountains are thofe called Johuls, and are higher than the others. One of them, called JEJian or Rias, is 6coo feet high. It feems to be compofed of great and irregular rocks of a dark gray colour, piled on each other. Another, called Enneberg, is about 3000 feet high *, the Sncefeld Johul, 2287 yards j the Sncefeldnas or promontory of Stuejie/d is from 300 to 400 fathoms. Hartijlrand or the coaft by the north Cape Nord is very high, from 300 to 400 fathoms. The rocks of Drargo are feven in number, of a pyramidal figure, rifing out of the fea at a fmall diftance from the cliffs, four of which are of a vaft height, and have a moft magnificent appearance. “ Eaftward from the Sncejield begins the Eifberge, H 2 foaring ICE r 60 ] ICE ^Ireland. ^ fosring io a vaft height j many parts cf which have y'"felt the eftefts of fire, and in feme of the melted rocks are large cavities. Budda-lekkur, a rock at one end of this mountain, is alfo volcanic, and has in it a great cavern hung with JIalaSitce. The name of Sohahamar is given to a tremendous range of volcanic rocks, com- pofed entirely of flags, and covered in the feafon with fea-fowl. It would be endlefs, however, to mention all the places which bear the marks of fire in various forms, either by having been vitrified, changed into a fiery colour, ragged and black, or bear the marks of having run for miles in a (loping courfe towards the fea.” Thefe volcanoes, though fo dreadful in their effects, feldom begin to throw out fire without giving warning. A fubterraneous rumbling noife, heard at a confider- able diftance, as in other volcanoes, precedes the erup¬ tion for feveral days, with a roaring and cracking in the place from whence the fire is about to burft forth $ many fiery meteors are obferved, but generally unat¬ tended with any violent concuflion of the earth, though fometimes earthquakes, of which feveral in- itances are recorded, have accompanied thefe dreadful conflagrations. The drying up of fmall lakes, ftreams, and rivulets, is alfo confidered as a fign of an impend¬ ing eruption ; and it is thought to haften the eruption when a mountain is fo covered with ice, that the holes are flopped up through which the exhalations former¬ ly found a free paffage. The immediate fign is the burfling of the mafs of ice with a dreadful noife $ .flames then iffue forth from the earth, and lightning and fire balls from the fmoke j ffones, afhes, &c. are thrown out to vaft diftances. Egbert Olafsen relates, that, in an eruption of Kattle giaa in 1755, a ftone weighing 290 pounds was thrown to the diftance of 24 Englifh miles. A quantity of white pumice (tones is thrown up by the boiling waters : and it is conjectured with great probability, that the latter proceeds from the fea. as a quantity of fait, fufficient to load feveral horfes, has frequently been found after the mountain has ceafed to burn. To enumerate the ravages of fo many dreadful vol¬ canoes, which from time immemorial have contributed to render this dreary country (till lefs habitable than it is from the climate, would greatly exceed our limits. The conn- It will be fufficient to give an account of that which try almoft happened in 1783, and which from its violence feems by an or up to ^ave ^een unparalleled in hiftory. tion in 1 hgns were obferved on the ift of June by ajSj. a trembling of the earth in the weftern part of the province of Skapterfiall. It increafed gradually to the 41th, and became at laft fo great that the inhabitants quitted their houfes, and lay at night in tents on the ground. A continual fmoke or fleam was perceived riling out of the earth in the northern and unin¬ habited parts of the country. Three jire-fpouts, as they were called, broke out in different places, one in Ulfarfdal, a little to theeaft of the river Skapta; the other two were a little to the weftward of the river called Ilwerfipfliot. The river Skapta takes its rife in the north-eaft, and running firft weftward, it turns to the fouth, and falls into the fea in a fouth-eaft direction. Part of its channel is confined for about 24 Englifh miles in length, and is in fome places 200 fathoms deep, in others 100 or 150, and its breadth in fome places 100, 50, or 40 fathoms. Along the whole of this Iceland, part of its courfe the river is very rapid, though there —v"-— are nft confiderable catarafts or falls. There are f’eve- ral other fuch confined channels in the country, but this is the moft confiderable. The three fire-fpouts, or dreams of lava, rvhich had broke out, united into one, after having rifen a confiderable height into the air, arriving at laft at fuch an amazing altitude as to be feen at the diftance of more than 200 Englifh miles ; the whole country, for double that diftance, being covered with a fmoke or fleam not to be deferibed. On the 8th of June this fire firft became vifible. \ aft quantities of fand, afhes, and other volcanic matters were eje&ed, and fcattered over the country by the wind, which at that time was very high. The atmofphere was filled with fand, brimftone, and afhes, in fuch a manner as to oecafion continual darknefs $ and confiderable damage was done by the pumice ftones which fell, red hot, in great quantities. Along with thefe a tenacious fubftance like pitch fell in vart quantity; fometimes rolled up like balls, at other times like rings or garlands, which proved no lefs- deftru&ive to vegetation than the other. This fhower having continued for three days, the fire became very vifible, and at laft arrived at the amazing height already mentioned. Sometimes it appeared in a continued ftveam, at others in flafhes or flames feen at the dif¬ tance of 30 or 40 Danifh miles (180 or 240 of ours), with a continual noife like thunder, which lafted the whole fummer. The fame day that the fire broke out there fell a vaft quantity of rain, which running in ftreams on the hot ground tore it up in large quantities, and brought it down upon the lower lands. This rain-water was much impregnated with acid and other falls, fo as to be highly corrofive, and occafion a painful fenfation when it fell on the hands or face. At a greater diftance from the fire the air was exceffively cold. Snow lay upon the ground three feet deep in fome places j and in others there fell great quantities of hail, which did very much damage to the cattle and every thing with¬ out doors. Thus the grafs and every kind of vege¬ tation in thofe places neareft the fire was deftroyed, being covered with a thick cruft of fulphureous and footy matter. Such a quantity of vapour was raifed by the conteft of the two adverfe elements, that the fun was darkened and appeared like blood, the whole face of nature feeming to be changed j and this ob- feurity feems to have reached as far as the ifland of Britain; for during the whole fummer of 1783, an obfeurity reigned throughout all parts of this ifland ; the atmofphere appearing to be covered with a con¬ tinual haze, which prevented the fun from appearing with his ufual fplendour. The dreadful feene above deferibed lafted in Iceland for feveral days; the whole country was laid w'afte, and the inhabitants fled everywhere to the remoteft parts of their miferable country, to feek for fafety from the fury of this unparalleled tempeft. On the firft breaking out of the fire, the river Skapta was confiderably augmented, on the eaft fide of which one of the fire fpouts was fituated ; and a fimi- lar overflow of w:ater was obferved at the fame time in the great river Fiorfa^ which runs into the fea a little ICE [ 61 Iceland, little to the eaftward of a town called Orrebakha, and T—into which another river called Tuna, after having run • through a large traft of barren and uncultivated land, empties itfelf. But on the nth of June the waters of the Skapta were leffened, and in lefs than 24 hours totally dried up. The day following, a prodigious ftream of liquid and red hot lava, which the fire*fpout had difcharged, ran down the channel of the river. This burning torrent not only filled up the deep chan¬ nel above mentioned, but, overflowing the banks of it, fpread itfelf over the whole valley, covering all the low grounds in its neighbourhood ; and not ha¬ ving any fulficient outlet to empty itfelf by, it rofe to a vaft height, fi> that the whole adjacent country was overflowed, infinuating itfelf between the hills, and covering fome of the lower ones. The hills here are not continued in a long chain or feries, but are fepa- rated from one another, and detached, and between them run little rivulets or brooks ; fo that, befides filling up the whole valley in which the river Skapta ran, the fiery ftream fpread itfelf for a confiderable diftance on each fide, getting vent between the above- mentioned hills, and laying all the neighbouring coun¬ try under fire. The fpouts ftill continuing to fupply frefti quanti¬ ties of inflamed matter, the lava took its courfe up the channel of the river, overflowing all the grounds above, as it had done thofe below the place whence it iiTued. The river was dried up before it, until at laft it was flopped by the hill whence the Skapta took its rife. Finding now no proper outlet, it role to a prodigious height, and overflowed the village of Buland, confu- ming the houfes, church, and every thing that flood in its wray : though the high ground on w-hich this vil¬ lage ftood feemed to enfure it from any danger of this kind. The fiery lake ftill increafing, fpread itfelf out in length and breadth for about 36 Englilh miles j and having converted all this traft of land into a fea of fire, it ftretched itfelf toward the fouth, and getting out again by the river Skapta, rulhed down its channel with great impetuofity. It was ftill confined be¬ tween the narrow banks of that river for about fix miles (Englilh) ; but coming at laft into a more open place, it poured forth in prodigious torrents with amazing velocity and force ; fpreading itfelf now to¬ wards the fouth, tearing up the earth, and carrying on its lurface flaming woods and whatfoever it met with. In its courfe it laid wafte another large diftrift of land. The ground where it came was cracked, and fent forth great quantities of fleam long before the fire reached it 3 and every thing near the lake was either Burnt up or reduced to a fluid ftate. In this fituation matters remained from the 12th of June to the 13th of Auguft 3 after which the fiery lake no longer fpread ^ itfelf, but neverthelefs continued to burn 3 and when any part of the furface acquired a cruft by cooling, It was quickly broken by the fire from below 3 and tumbling down among the melted fubftance, was roll¬ ed and toffed about with prodigious noife and crack¬ ling 3 and in many parts of its furface, fmall fpouts or at leaft ebullitions, were formed, which continued for fome length of time. In other dire6iions this dreadful inundation proved ] ICE no lefs deftru&ive. Having run through the narrow Iceland, part of the channel of Skapta as early as the 1 2th ofy’—“ June, it ftretched out itfelf towards the weft and fouth- weft, overflowing all the flat country, and its edge being no lefs than 70 fathoms high at the time it got out of the channel of the river. Continuing its de- ftrucfive courfe, it overflowed a number of villages, running in every direction where it could find a vent. In one place it came to a great cataraft of the river Skapta, about 14 fathoms in height, over which it was precipitated with tremendous noife, and thrown in great quantities to a very confiderable diftance. In an¬ other place it flopped up the channel of a large river, filled a great valley, and deftroyed two villages by approaching only within 100 fathoms of them. Others were overflowed by inundations of water proceeding from the rivers which had been flopped in their cour- fes ; until at laft all the paffageson the fouth, eaft, and weft, being flopped, and the fpouts ftill fending up in¬ credible quantities of freftr lava, it burft out to the north and north-eaft, fpreading over a tradl of land 48 miles long and 36 broad. Here it dried up the rivers Tuna and Axafydri; but even this vaft effufion being infuffi- cient to exhauft the fubterraneous refources of liquid fire, a new branch took its courfe for about eight miles down the channel of the river I/werJisJUot, when coming again to an open country, it formed what our author calls a fmall lake of fire, about twelve miles in length and fix in breadth. At laft, however, this branch alfo. flopped on the 16th of Auguft 3 the fiery mountains ceafed to pour forth new' fupplies, and this moft aftonilh- ing eruption came to a period. The whole extent of ground covered by tills dread¬ ful inundation was computed at no lefs than 90 miles long and 42 in breadth 3 the depth of the lava being from 16 to 20 fathoms. Two rivers were dried up, 20 or 21 villages were deftroyed, and 224 people loft their lives. The extent above mentioned, however, is that only on the fouth, eaft and weft j for that towards thq north being over uninhabited land, where no body cared to venture themfelves, was not exaftly known. Some hills were covered by this lava : others were melted down by its heat 3 fo that the whole had the appearance of a fea of red hot and melted metal. After this eruption two new iflands were thrown up from the bottom of the fea. One, about three miles in circumference, and about a mile in height, made its appearance in the month of February 1784, where there w:as formerly i©o fathoms of water. It was about 100 miles fouth-well from Iceland, and 48 from a cluf- ter of fmall iflands called Gierfugal. It continued for fome time to burn with great violence, fending forth prodigious quantities of pumice-ftones, fand, &c. like other volcanoes. The other lay to the north-w'eft, be¬ tween Iceland and Greenland. It burnt day and night without intermiflion for a confiderable time 3 and was alfo very high, and larger than the former. Since that time, however, one or both of thefe illands have been fwallowed up. All the time of this great eruption, and for a con¬ fiderable time after, the whole atmofphere was loaded with fmoke, fleam, and fulphureous vapours. The fun was fometimes wholly invifible 3 and when it could be feen was of a reddilh colour. Moft of the filhe- ries 4 ICE [ 62 ] ICE Iceland. i/ie£ v.ere cleftroyed ; the banks where the fiih ufed to Vn~—y—beiug f0 changed, that the fithermen could not know them again j and the fmoke was fo thick, that they could not go far out to fea. The rain water, fall¬ ing through this fmoke and (team, was fo impregnated with fait and fulphureous matter, that the hair and even the Ikins of the cattle were deftroyed ; and the whole grafs of the ifland was covered with foot and pitchy matter, that what had efcaped the deftru&ive effeds of the fire became poifonous $ fo that the cattle died for want of food, or perilhed by eating thofe un- wholefome vegetables. Nor were the inhabitants in a much better fituation j many of them having loft their lives by the poifonous qualities of the fmoke and fleam W'ith which the whole atmofphere was filled $ particu¬ larly old people, and fuch as had any complaint in the breaft and lungs. Before the fire broke out in Iceland, there is faid to have been a very remarkable eruption in the uninha¬ bited .parts of Greenland j and that in the northern parts of Norway, oppofite to Greenland, the fire was vifible for a long time. It was alfo related, that when the wdnd was in the north, a great quantity of allies, pumice, and brimftone, fell upon the north and weft coafts ©f Iceland, which continued for the whole fum- j»er whenever the wind was in that quarter j and the air was always very much impregnated with a thick fmoke and fulphureous fmell. During the fall of the lharp rain formerly mention¬ ed, there was obferved at Trondheim, and other places in Norway, and likewife at Faw, an uncommon fall of iharp and fait rain, which totally deftroyed the leaves of the trees, and every vegetable it fell upon, by fcorching them up, and caufing them to wither. A .eonfiderable quantity of allies, fand, and other volca¬ nic matters, fell at Faro, which covered the whole fur- face of the ground whenever the wind blew from Ice¬ land, though the diftance between the two places is not lefs than 480 miles. Ships that were failing betwixt Copenhagen and Norway were frequently covered with allies and fulphureous matter, which ftuck to the mails, lails, and decks, befmearing them all over with a black ?.nd pitchy fubftance. In many parts of Holland, Germany, and other northern countries, a fulphureous vapour was obferved in the air, accompanied with a thick fmoke, and in fome places a light gray-coloured fubftance fell upon the earth every night 5 which, by yielding a bluilh flame when thrown into the fire, evi¬ dently ihowed its fulphureous nature. On thofe nights in which this fubftance fell in any quantity, there W'as little or no dew obferved. Thefe appearances con¬ tinued, more or lefs, all the months of July, Auguft, and September. Vhorke- Some curious particulars relative to the ancient Hate lyn’s ac- of this illand have lately been publifhed by a Mr count of Vhorkelyn, a native of the country. From his work of the ^ aPPears that Iceland, for a very confiderable fpace if and time, viz. from the beginning of the loth to the middle of the 13th century, w'as under a republican form of government. At firft the father, or head of every family, was an abfolute fovereign ; but in the progrefs of population ^nd improvement, it became ne- ceflary to form certain regulations for the fettlement of difputes concerning the frontiers of different eftates. Jfor this purpofe the heads of the families concerned af- fembled themfelves, and formed the outlines of a re- Icclans. public. In the mean time they carried on a profper- ous trade to different parts j fending ftups even to the Levant, and to Conftantinople, at that time celebra¬ ted as the only feat of literature and humanity in the world. Deputies were likewife fent from this ifland over land to that capital, for the improvement of their laws and civilization j and this a whole century before the firft crufade. In thefe ancient Icelandic laws, there¬ fore, we meet with evident traces of thofe of the Greeks and Romans. For example, befides a body of written laws which W'ere read every third year to the peo¬ ple, they had tw'o men chofen annually by the heads of families, with confular power, not only to enforce the laws then in being, but w hen thefe proved deficient, to aft as neceffity required. Thefe laws do not appear to have inflifted capital punilhments upon any perfon. Murderers were banifti- ed to the wood; that is, to the interior and uncultiva¬ ted parts of tht ifland : where no perfon was allowed to approach them w’ithin a certain number of fathoms. In cafes of banifliment for leffer crimes, the friends of the offender were allowed to fupply him with neeeffa- ries. The culprit, however, might be killed by any perfon who found him without his bounds ; and he might even be bunted and deftroyed in his fanftuary, provided he did not withdraw himfelf from the ifland within a twelvemonth after his fentence, which it was fuppofed he might accomplifh by means of the annual arrival and departure of fliips. Every man’s perfon was free until he had forfeited his rights by fome crime againft fociety ; and fo great was their refpeft for in¬ dependence, that great indulgence was allowed for the power of paflion. If any proveking word or behaviour had been ufed, no puniftiment was inflifted on the par¬ ty who refented it, even though he fhould have killed his adverfary. By the laws of Iceland, the poor were committed to the proteftion of their neareft kindred, who had a right to their labour as far as they were able to work, and afterwards to indemnification if the poor perfon ftxould acquire any property. Children were obliged to main¬ tain their parents in their old age j but if the latter had neglefted to give them good education, they were abfolved from this duty. While the republic of Iceland continued free and independent, {hips were fent from the ifland to all parts of the -world. Till very lately, how'ever, not a Ihip belonged to it, the little commerce it enjoyed being monopolized by a Danifh company, until in 1786 it was laid open to all the fubjefts of Denmark. “ There is at prefent (fays Mr Pennant*) a revival of the cod * Appendix fifhery on the coaft of Iceland from our kingdom. A.-to Arftic bout a dozen of veffels have of late failed from the ifleZoo^W» of Thanet, and a few from other parts of Great Bri-^>- I^‘ tain. They are either Hoops or brigs from 50 to 80 tons burden. A lugfail boat, fuch as is ufed in the herring fifliery, failed laft feafon from Yarmouth thus equipped. The crewr eonfifted of five men from the town, and five more taken in at the Orkneys. They had twelve lines of 120 fathoms each, and 200 or 300 hooks j fix heading knives, twelve gutting and twelve fplitting knives. They take in 18 tons of' fait at Leith, at the rate of three tons to every thoufand fiflj \ of which ftx ox feven thoufand is a load for a vefiel of this Iceland n Jehoglans. I C H [63 They go to fea about the middle of April; I I C H this kind. ^ 0 return by the Orkneys to land the men j and get into their port in the latter end of Auguft or beginning of September. Pytheas fays, that Iceland lies fix days failing from Great Britain. *• A veffel from Yarmouth was, in the laft year, exaftly that time in its voyage from the Orkneys to Iceland. With a fair wind it might be performed in far lefs time ; but the winds about the Ferroe ifles are generally changeable. ICELAND -dgale, a kind of precious Hone met with in the iflands of Iceland and Afcenfion, employed by the jewellers as an agate, though too foft for the pur- pofe. It is fuppofed to be a volcanic product j being folid, black, and of a glafly texture. When held be¬ tween the eye and the light, it is femitranfparent and greeniih like the glafs bottles which contain much iron. In the iflands which produce it, fuch large pieces are met with, that they cannot be equalled in any glafshoufe. ICENI, the ancient name of the people of Suffolk, Norfolk, Cambridgefliire, and Huntingdonfhire, in England. ICH-dien. See Heraldry, chap. iv. feft. 2. ICHNEUMON, in Zoology. See Viverra, Mam¬ malia Index. Ichneumon is alfo the name of a genus of flies of the hymenoptera order. See Entomology Index. ICHNOGRAPHY, in PerfpeBive, the view of any thing cutoff by a plane, parallel to the horizon, juft at the bafe of it.—The word is derived from the Greek f00tJleP, and y?*?1*’? ^ iv rite, as being a defcrip- tion of the footfteps or traces of a work. Among painters it fignifies a defcription of images or of ancient ftatues of marble and copper, of bufts and femi-bufts, of paintings in frefco, mofaic works, and ancient pieces of miniature. Ichnography, in ArchiteBure, is a tranfverfe or horizontal feftion of a building, exhibiting the plot of the whole edifice, and of the feveral rooms and apart¬ ments in any ftory $ together w ith the thicknefs of the walls and partitions j the dimenfions of the doors, windows, and chimneys j the projeflures of the co¬ lumns and piers, with every thing vifible in fuch a jeftion. ICHOGLANS, the grand fignior’s pages ferving in the feraglio. Thefe are the children of Chriftian parents, either taken in war, purchafed, or fent in prefents from the viceroys and governors of diftant provinces : they are the raoft fprightly, beautiful, and well-made that can be met with ; and are always re¬ viewed and approved of by the grand fignior himfelf, before they are admitted into the feraglios of Pera, Conftantinople, or Adrianople, being the three col¬ leges where they are educated, or fitted for employ¬ ment, according to the opinion the court entertains of them. ICHOR, properly fignifies a thin watery humour like ferum j but is fometimes ufed for a thicker kind flowing from ulcers, called alfo Janies. 1CHTHYOCOLLA, Isinglass, a preparation from the filh known by the name of hufo. See Acci- PENSER. The word is Greek, formed of lyfivs, fijhy and xoAA*, glue.—The method of making ifinglafs was long a fecret in the hands of the Ruflians ; but hath lately been difcovered, and the following account of it publiftied by Humphrey Jackfon, Efq. in the 63d volume of the Philofophical Tranfadtions. . “ All authors who have hitherto delivered pro- ceffes for making ichthyocolla, filh-glue, or ifinglafs, have greatly miftaken both its conftituent matter and preparation. “ To preve this aflertion, it may not be improper to recite what Pomet fays upon the fubjeft, as he appears to be the principal author whom the reft have copied. After defcribing the fi(h, and referring to a cut en¬ graved from an original in his cuftody, he fays : ‘ As to the manner of making the ifinglafs, the finewy parts of the filh are boiled in water till all of them be dif- folved that will diflblve j then the gluey liquor is drained, and fet to cool. Being cold, the fat is care¬ fully taken off, and the liquor itfelf boiled to a juft confiftency, then cut to pieces and made into a twift, bent in form of a crefcent, as commonly fold j then hung upon a ftring, and carefully dried.’. “ From this account, it might be rationally con¬ cluded, that every fpecies of fifh which contained gela¬ tinous principles would yield ifinglafs : and this parity of reafoning feems to have given rife to the hafty con- clufions of thofe who ftrenuoufly vouch for the extrac¬ tion of ifinglafs from fturgecn j but as that fifh is eafily procurable, the negligence of afcertaining the faft by experiment feems inexcufable. “ In my firft attempt to difcover the conftituent parts and manufa&ure of ifinglafs, relying too much upon the authority of feme chemical authors whofe ve¬ racity I had experienced in many other inftances, I found myfelf conftantly difappointed. Glue, not ifin¬ glafs, was the refult of every procefs j and although, in the fame view, a journey to Ruflia proved fruitlefs, yet a fteady perfeverance in the refearch proved not only fuccefsful as to this obje ted orders and genera, and defined the characters on which thefe divifions are founded. Independently of the cetaceous tribes, which are now generally chaffed with the mammalia, and of which we have treated in the at firft fol¬ lowed by Linnseus. Method of Klein Chap. I. I C H T H Y Hiftory, tlie article CetoloGY, his method confided of four 1 r great divifions or orders, namely, the Malacopterygian, sicanthopterygian, Branchiojlegous, and Chondroptery- gian. The firft denoted thofe fpecies which have foft fins, or fins with bony rays but without fptnes, and in¬ cluded twenty-one genera j the fecond, thofe with fpiny fins, containing fixteen genera j the third, correfpond- ing to the amphibia nantes of Linnaeus which want the operculum or branchioftegous membrane \ and the fourth, the Linnaean amphibia nantes which have not true bones, but only cartilages, and the rays of whofe fins hardly differ from a membrane. In his firff edi¬ tion of the Syftem of Nature, Linnaeus wholly adopted the Artedian method. With regard to the changes which he afterwards introduced, it would be unnecef- fary to ftate them in this rapid hiftorical Iketch, efpe- ciaiiy as we purpofe to follow his divifions in our fyite- matic expofition. Thofe ichthyologifts who have propofed methods in oppofition to that of Linnaeus, have ufually fallen ftiort of the latter in point of fimplicity. Ihus K/ein, who vainly attempted to rival the proteffor of Upfala, diltri- buted fillies into three fe&ions, according as they had lungs, and vifible or invifible gills ; but his fubdivifions were fo numerous and complex, that hisfcheme has ne¬ ver been adopted. That of Gronovius was, at leaft for a few years, much more favourably received. It is principally founded on the prefence or abfence, and the number or the nature, of the fins. The nrft clafs in¬ cludes all the cetaceous animals, and the fecond all the fiflies. The chondropterygian, and the ojfeous or bony, form two great divifions 5 and the offeous are fubdivid- ed into branchio/iegous and branchial. Thefe laft are grouped according to the Linnaean rules \ but, in the formation of the genera, the number of dorfal fins is admitted as a chara&er, which Linnaeus has, perhaps injudicioufly, overlooked, and which gives rife to feveral genera which are not to be found in the Syftem of Na¬ ture.—Brunnich laboured, with much pains and confi- derable ingenuity, to combine the Linnaean and Arte¬ dian divifions 5 but his fyftem remained without encou- and others, ragement or fupport.—Scopoh boldly ftruck out a new path, and affumed the pofition of the anus as the balls of his three primary divifions. His fecondary charac¬ ters fometimes coincide with thofe of Gronovius, and fometimes with thofe of Linnaeus; while his third feries of diftinffions is fometimes drawn from the form of the body, and fometimes from the teeth. Gouany the ce¬ lebrated profeffor of botany at Montpelier, preferved the Linnaean genera, but formed his greater divifions from the union of thofe of Linnaeus and Artedi. His two principal feftions are, of fiflies with complete, and of thofe with incomplete, gillsand the firft is divided into two others, viz. acanthopterygian, and malacoptery¬ gian, in each of which are ranged the apodal, jugular, thoracic, and abdominal fpecies. The fame procefs is followed in the fecond fe&ion, which includes the branchiojiegous and the chondropteryvian. All the authors who have juft paffed under our re¬ view, with the exception of Belon, Rondelet, and Gro¬ novius, publiihed their works without any regular feries of plates illuftrative of their defcriptrons. Among thofe who embellilhed their volumes with valuable figures, we have to mention Seba, in his large collection of o L o G Y. fubjeCts belonging to natural \)i\pLVCg,—CateJhy, in his Natural Hiftory of Carolina,—Brouffonet, in his. Ich- tliyologin,—-and Bloch, in his Natural Hiftory of Fifties, firft publiftied at Berlin in German, and in French in 1785, and recently republiftied in a fmall form, by He- terville, at Paris, forming part of the extenfive work entitled Hijioire Naturelle de Bujfon, &c. Bloch’s ori¬ ginal work includes about 600 Ipecies of fifties, which are generally defcribed with great accuracy, figured as nearly as circumftances will admit, of the natural fize, and beautifully coloured. T. he author enters with fome minutenefs into the hiftory of thofe which afford food for man, or which fugged; fa£ts worthy of remark. He has followed the Linnsean method, and made confider- able additions to the number of genera. La Cepede, the friend and continuator of Buffon, has Of La Ce- likewife executed an elaborate and extenfive undert&k P'-de. ing on the natural hiftory of fifties. He divides this clafs of animals into two fecondary claffes, viz. the car¬ tilaginous and the ojfeous. Each of thefe fubordmaie claffes confifts of four divifions, taken from the combi¬ nations of the prefence or abfence of the operculum, and of the branchial membrane ; thus, the firft divifion of the cartilaginous includes thofe fifties which have nei¬ ther operculum nor branchial membrane ; the fecond, thofe which have no operculum, but a membrane; the third, thofe which have an operculum, but no mem¬ brane ; and the fourth, thofe which have both. I he fame chara&ers, ftated in the inverfe order, determine the divifions of the offeous ipecies. Each of thefe divi¬ fions is again diftributed into the Linnaean orders, and thefe, in turn, into the Linnaean genera. The con¬ tents of the latter, however, do not always correfpond with the enumerations in the Syftem of Nature ; for the French zoologift has withdrawn many fpecies from their former categories, and ranged them under new genera. His innovations in this refpeft are, perhaps, not always improvements ; and fome of his generic ap¬ pellations, •&% gobie, gobiofore, gobioide, gobiotnere, and gobiomoro'ide, pomacanthe, pomacentrc, pomadafys, and pomatome, &c. are too nearly allied in found and ortho¬ graphy, to be readily difcriminated by the memory. We have, moreover, to regret that the plates are not coloured, and that they are executed on too fmall a fcale. Yet, after every deduftion which even rigid criticifm may require from the merits of this publica¬ tion, enough will remain to atteft the induftry and the talents of its author, and to juftify the high rank which he has obtained among the waiters on ichthyo¬ logy. Before doling even tbefe very condenfed notices, it Of Pen- would be unpardonable to emit reminding our readers,n:mt' that the Britifti fifties have found an able and entertain¬ ing expofitor in Mr Pennant, to whom the natural hif¬ tory of this country is under many obligations. In the third volume of his Britifti Zoology, this author de- feribes the fiflies under the three great diviftons of ceta¬ ceous, cartilaginous, and bony, '1 he latter, which is by far the moft numerous, he fubdivides into four fec- tions, entitled, agreeably to the Linnsean orders, apo¬ dal, thoracic, jugular, and abdominal. Befides the fources of information to which we have referred, the curious inquirer into the hiftory of fifties may occafionaily refort to DuhamePs General Treatife I 2 on 68 ICHTHYOLOGY. Chap. If. Anatomy 0n the Fifheries, Fabriexns’s Fauna Grceulandica, Fla- ot Yifhc-s. nieH on Jifferent kinds of frefh-water fifhes, Forf- kal’s Fauna Arabian, johnfton’s Hiftoria Natura/is de Fifcibus et Celts, Kolreuter’s papers in different vo¬ lumes of the Peterfburg Tranfa&ions, the fourth vo¬ lume of Marfigli’s Danubius Pannonico Mysius, &c. Anatomy Monro’s Anatomy of Fifties, Pallas’s Spicilegia Z0&/0- gica, &c. Vicq d’Azyr’s Memoirs on the Anatomy ^ of Fifties, and the two volumes of the Encyclopedic Me- thodique which are devoted to the article Poy(fons. CHAP. II. ANATOMY OF FISHES. Form of TPIE fhape of the body of fifties is fubiecf to confi- the bod). ^erakle varieties. It is faid to be comprejjed, when the diameter, from fide to fide, is lefs than from back to belly j and deprejfed, on the contrary, when the diame¬ ter, from fide to fide, is greater than from back to bel¬ ly. It is cylindrical, when it is circular in the greater part of its length } enjiform, or fword-ftiaped, when the back and belly terminate in a ftiarp edge, or when the body gradually tapers from the head to the tail : cul¬ trated, or knife-ftiaped, when the back is fornewhat flat, and the angle below acute ; carinated, or keel- fliaped, when the back is rounded, and the under part of the belly acute, through its length \ oblong, when the longitudinal diameter is much longer than the tranfverl’e j oval, when the longitudinal diameter not only exceeds the tranfverfe, but the bafe is circular, and the apex more acute-, orbicular, when the longitu¬ dinal and tranfverfe diameters are nearly equal; latnel- laled, or fpear-fttaped, when oblong, and attenuated at both extremities ; cuneiform, or wedge-ftiaped, when the body gradually flattens towards the tail conical, when it is cylindjical, and grows gradually more {len¬ der towards the tail -, ventricofe, when the belly is very prominent j gibbous, when the back prefents one or more protuberances j annulated, when the body is fur- rounded by rings, or elevated lines ; articulated, when it is covered with conne&ed and bony plates ; trigon, tetragon, pentagon, and hexagon, when the lides are plain, with three, four, or fix longitudinal angles \ if the number of thefe angles exceed fix, it is termed a polygon. The furface of the body of fifties is termed nabed, when it is deftitute of feales 5 fcaly, when provided with them ; fmooth, when the feales are without angles, furrows, roughnefs, or inequalities ; lubricous, or flip- pery, when inverted with a mucous or flimy humour ; tuberculated, or rough, when covered with prominent warts or tubercles -, papillous, when covered with fteft.y points-, fpinous when the afperities are elongated, and pointed at their extremities ; /oriented, or mailed, when the body is inclofed in a hard, callous, or bony integument, or in feales fo clofely united as to feem but one ; fafeiated, or banded, when marked with tranfverfe zones from the back to the belly ; firiped, when marked with very narrow, fcattered, and colour¬ ed {freaks ; vitiated, when marked with longitudinal zones along the fide, from the head to the tail ; reti¬ culated, or checquered, when marked with lines form¬ ing the appearance of net-work ; pointed, or dotted, when marked with points, either longitudinally difpo- • fed, or without order ; and variegated, when of differ¬ ent colours. The parts of the body are either external, or inter¬ nal: the former include the head, trunk, and Jins; the latter, the Jkelcton, mufcles, and vifeera. I. The. HEAD is always placed at the anterior part xhe head; of the body, and reaches from the extremity of the See. nofe to the gills. Several of the technical terms already defined, are applied to the head as well as to the whole body j but others, which are more appropriate, require to be ex¬ plained. Obtufe or truncated, denotes that the head is blunt, or terminated by a tranfverfe line ; acute, that it terminates in an acute angle ; Jlanting, that it pre- fents an inclined plane, from the top of the anterior part to the extremity of the nofe ; aculcated, or prickly, that it is armed with {harp points or fpines; unarmed, that it is without fpines or tubercles) beardlefs, that it is without cirrhi, &c. The head contains the mouth, nofe, jaws, lips, teeth, tongue, palate, noftrils, eyes, branchial opercules, the branchioftegous membrane, the aperture of the gills, and the nape. The mouth is that cavity, which is terminated in front by its own orifice j on the fides, by the branchial opercula j and behind, by the throat. It is fupenor, when placed at the upper part of the head ) inferior, when at the lower part) vertical, when it dekends perpendicularly from the upper part) tranfverfe, or ho- ritnontal, when it is parallel to the furface of the water when the firti fwims) oblique, when it is neither verti¬ cal nor horizontal ) tubular, or fjlular, when the ori¬ fice is narrow, round, and deep ) furious, or flat-nofed, when the orifice is not prominent or deep. The nofe, or fnout, is the fore part of the head, ex¬ tending from the eyes to the extremity of the jaws. It is cujpidated when its apex terminates in a ftiarp point or briftle; fpatula-fhaped, when its extremity is flatten¬ ed and extended ) bifid, forked, or lobed, when its ex¬ tremity is divided into two lobes-, triquetrous and tetra- quetrous, when it has three or four flat fides 5 and re¬ flex, when it is incurved towards the belly. TY\\e jaws are always two in number, and difter in different fpecies chiefly in refpefl of figure and propor¬ tion. They are fubulate, or awl-ftiaped, when they are- rounded at the bafe, and are gradually attenuated to¬ wards the apex-, carinated, or keel-ftiaped, when the lower jaw- is longitudinally ridged, either without or within -, equal, ^vhen both are of the fame length ) un¬ equal, when one projects beyond the other ; naked, when not covered w ith lips j labiate, when covered with one or two lips ; edentulated, w hen deftitute of teeth ) dentated, or toothed, when furnilhed with teeth of unequal fize ) dentato-crenated, when the bones are formed into the appearance of teeth ; cirrated, or cir- rofe, when furniflied with cirrhi, or briftly membrana¬ ceous appendages, which hang from one or both jaws j. vaginated, or flieathed, when the margin of one covers that of the other ) arched, or covered, when furniihe.d with a membranaceous veil, attached before, and look behind,. Anatomy of Fillies. Chap. 11- I C H T H behind, within which, and the upper or under part of the mouth, the filh lays its tongue, or difcharges water from its mouth ; and moveable^ when they can be thruft out or drawn in. The lips are obvious only in a few fifhes, and are ei¬ ther of a flefhy or bony confidence. They are alio dif- tinguifhed into plicated, or confiding of folds, and re- trattile, or capable of being drawn out or in, at the pleafure of the animal. The teeth are acute, when their extremity terminates in a point \ obtufe, when it is rounded ; granular, when the teeth are of the fize and drape of fmall grains ; plane, when fiat on the fides •, femi-fagittate, when hook¬ ed on one fide only } ferrated, when toothed like a faw on the margin •, emarginate, when the extremity is fomewhat cleft j recurved, when inclined towards the gullet j parallel, when of the fame direftion, length, and figure ; diverging, when the apices dand wide, or didant from each other 5 Jimilar, when they are all of the fame fize and figure •, diffimilar, when fome are acute, and others obtufe ; ordinate, when difpofed in one or more rows •, confufed, when crowded, and not difpofed in any regular order. The tongue is termed acute or obtufe, according as its extremity terminates in a point, or is rounded •, it is emarginate, or bifid, when the extremity is divided in¬ to two lobes ; carinated, when angulated on the upper or lower furface 5 dent a ted, when its fur face is furnifhed with teeth ; and papillous, when covered with fieihy points. The palate is that part of the mouth which is in¬ cluded between the bale of the jaws and the origin of the tefophagus. It is either fmooth, when its furface is deditute of tubercles, teeth, and aiperities 5 or denticu¬ lated, when furnifhed with teeth. The nojlrils are orifices, almod always fituated in the rodrum, before the eyes. They are anterior, when they occupy the fore part of the rodrum, and are fomewhat didant from the eyes 5 pojlerior, when fituated at the bafe of the rodrum, and very near the eyes ; fupenor, when on the crown of the head, between the eyes, and clofe to them ; cylindrical, when they form a tube •, Jingle, or folitary, when there is only one on each fide of the head ; and double, when there are two on each fide. The eyes are always two, and are compofed of two principal parts, which as they are vifible from without belong to the defeription of the external drmfture. Thefe parts are the pupil and the iris. The fird occu¬ pies the centre of the globe ; and is ufually fpherical, but fometimes oval ; and the fecond is the coloured circle which furrounds the pupil, and is often furnidied with a diftindl ring. It is, for the mod part black or gold-coloured, but fometimes it affumes a filvery hue. —The eyes are faid to be covered, when they are en¬ veloped in the {kin, or in a niftitating membrane; femi-covered, when this membrane is arched, or lunu- lated, or perforated like a ring \ naked, when deditute of a niilitating membrane ; vertical, when fituated on the crown of the head \ lateral, when placed on the fides of the head ; binate, when they are both on the fame fide of the head \ plane, or deprefifed, when the convexity of the ball does not exceed the furface of She head \ convex, when the convexity projefts beyond Y O L O G Y. this furface; falient, when the eyes are very 69 nent. promi- Anatomy of Fifhes. Eyes. The branchial opercles, are fcaly or bony proceffes, Branchial fituated on both fides of the head, behind the eyes, opercles. clofing the aperture of the gills, and ludaining the branchial membrane. They are termed fimple, when compofed of a lingle piece } diphyllous, triphyllous, or tetraphyllous, when confiding of two, three, or four pieces 5 Jlexile, or foft, when they can be eafily bent ; fub-arcuated, when the poderior margin is rounded j JiJlulous, when the branchial opening leems to be exca¬ vated out of the fubdance of the opercula } acuminated, when the hinder plate runs out into a {harp procefs j ciliated, when the poderior margin is fringed, or fet with membranous i'etaceous appendages 5 jrenated, or bridled, when connected with the body by means of a membrane ; fcabrous, when their furface is covered with afperities 5 Jlriated, when marked with hollow and nearly parallel lines j radiated, when the lines run like rays, from the centre to the edge j graved, when the lines appear in no regular order j aculeated, when the poderior margin is terminated by one or more fpines } ferrated, when it is cut like the teeth of a faw j fcaly, when the furface of the opercles is covered with fcabs. The branchial or branchiofegous membrane, is a true And mem- fin, formed of cartilaginous crooked bones, joined by abraiu'* thin membrane, lurking under the opercula, to which it adheres, and is capable of being folded or expanded, as necefTity requires. This membrane is faid to be pa¬ tent, when it projefts beyond the margin of the oper¬ cula ; retraEled or latent, w hen it is concealed under them ; covered, when concealed under them, yet fo as to be vifible without hurting them. The aperture of the gills, is a cleft commonly lateral, which opens between the opercula and the trunk, by means of the gills. It is arcuated, or arched, when it reprefents a crefcent ; operculated, when quite covered by the opercula j pipe-fhuped, when in the form of a tube. Its place, in fome of the cartilaginous Ipecies, is fupplied by vents, or fpirac/es, which are either round, arched, lateral, or inferior, i. e. placed underneath the body. The nape is the hind and terminating part of the*’ head, which is attached to the firlt vertebra of the trunk, in the region of the gills. It is carinated, when its furface is fharply angulated $ plane, when flat, and on a level with the body } and falcated, when ridged or furrowed. 2. The TRUNK is that part of the body, which ex-The trunk tends from the nape and branchial aperture, to the ex¬ tremity of the tail. It comprehends the gills, throat, thorax, back, fides, abdomen, lateral line, anus, tail, and feales. The gills, or branchice, conflft, for the moft part, of four crooked, parallel, unequal bones, furniflied, on the outer or convex part, with fmall foft appendages, like the beards of a feather, and generally of a red colour. They are aculeated, when the concave or interior part has fpines inftead of tubercles; anomalous, when fome are ciliated, others tuberculated, or of a different ftruc- ture : denuded, when wanting opercles, the branchi- oftegous membrane, or both j peBinated, when the con¬ vex or exterior part, towards the branchial aperture,. -o I C H T H " Anatomy of]s furnifhed with red fetaceous rays, or lamella: ; 'ivith- ^ llaeS‘ drawn, when not confpicuous, lying nearer the throat than the aperture ; Jimple, when furnilhed either with filaments or tubercles $ approaching, when they corre- f'pond to the fame aperture. The throat is that part which correfponds to the branchial apertures, and is placed between them. It is /welling, when it exceeds the level of the body and the head 5 carinated, when angulated underneath j plane, when on a level with the thorax and head. " The thorax is that part which begins at the extre¬ mity of the throat, and is terminated by a line drawn to the infertion of the pedloral fins. The bach is the upper part of the trunk, extending from the nape to the origin of the tail. It is aptery- gious, without fins 4 monopterygious, dipterygious, &c. with one, or two fins j convex, higher in the middle than toward the fides j ferrated, having a deep longi¬ tudinal furrow for the fame purpofe. The /des are that part of the trunk, which reaches from the gills to the anus, between the back and the abdomen. They are fometimes marked with zones, lines, fpots, or points. The abdomen is the under part of the trunk, between the pofterior extremity of the thorax and the origin of the tail. It is carinated, or acute through its length j ferrated, when the fcales forming the carina are difpo- fed like the teeth of a faw j plane, when without pro¬ minence or depreflion. The lateral line ufually commences at the extremity of the branchial opercles, runs along the fides, and terminates at the caudal fin. It is formed by lines, dots, or fmall tubercles. It is fraight, when it pre- fents no inflexion through its length ; curved, when it inclines to the back or belly \ broken, when divided into two or more parts, which follow different direc¬ tions j obliterated, when fcarcely perceptible ; double, when there are two on each fide j fntoolh, when with¬ out prickles or tubercles: aculeated, when furnifhed with fpines; defcending, when it runs obliquely from the head to the tail 5 inferior, when fituated on the lower part of the fide ; loricated, or mailed, when rough with fmall bones, or hard fcaly tubercles ; mean, wdien fituated in the middle of the fide ; obfolete, when near¬ ly effaced ; porous, when punctured with fmall holes 5 Jtnuous, when bent in a w aving line j folitary, when there is one line on each fide ; fiperior, when on the upper part of the fide, near the back j banded, when covered with a longitudinal zone, coloured or filvery. The anus is the external orifice of the reftum. It is jugular, when fituated under the branchial opercles ; peEloral, when under the gills 5 mean, when equally removed from the head and extremity of the tail ; remote, when near the tail. The tail is the folid part of the trunk, which it ter¬ minates, being fituated behind the anus. It is round, as in the lamprey and eels ; carinated, wdien its furface prefents feme fharp angle •, muricated, when befer with fpines or tubercles ; apterygions, when deftitute of fins j dipterygious, when the fin is divided at the bafe. The fcales are pellucid, cartilaginous, or horny te¬ guments, which ufually cover the trunk. They are oval, when one extremity is rounded, and larger than tlje other } orbiculate, wrhen nearly round 3 fmooth, when 0 L O G Y. Chap. II. deftitute of fenfible angles or afperities j ciliated, when Anatomy qi the margin is fet with fetaceous procefles ; ferrates', is fixed to the branchial membrane by as many tendons as there are tendons in the membrane. Brain and 3- ORGANS and VISCERA.—The brain of fillies is a other or> very fmall organ, relative to the fize of the head. It is gans. divided into three equal lobes, of which the two an¬ terior are contiguous •, the third being placed behind, and forming the cerebellum, Thefe three lobes are furrounded by a frothy matter, refembling faliva. In this region the optic and olfaftory nerves are eafily difcovered. The cefjphairus, or gullet, begins at the bottom of the throat, and defcends, in a ftraight line, to the upper orifice of the ftomach. It is membranous, fmooth, and lined with a mucous humour TheJlomach is a membranous fack, fometimes cylin¬ drical or fpherical, and fometimes divided into two lobes. The fwimming, or air-bladder, or found, is an ob¬ long, white, membranous bag, fometimes cylindrical, fometimes elliptical) and fometimes divided into two or three lobes, of different lengths. It is ufually fitu- ated between the vertebrae and the ftomach, and in¬ cluded within the pentonceum. In fome fifhes it com¬ municates with the ftomach, and in others, with the cefophagus. The fiat fifhes are unprovided with this , organ. The intejhnes, which in man are placed tranfverfely, have a longitudinal pofition in fifhes, and are all con- nedled with the fubftance of the liver. They are in general very fhort, making only three turns, the laft of which terminates in a common outlet or vent. The appendices, or fecondary inteftines, are very numerous, eompofing a groupe of worm-like proceffes, all ulti¬ mately terminating in two large canals, opening into the firft inteftine, into which they difchargc their pe¬ culiar fluid. The liver is commonly of a yellowilh colour. It is fituated on the right or left fide, or in the anterior region of the abdomen, of whofe cavity it fills about two-thirds. It is fometimes Ample, and fometimes di¬ vided into two, three, or more lobes. It ufually con¬ tains a large portion of oil or fat. The gall-bladder is oval or oblong, and lies under the right fide of the liver. It communicates with the ftomach or the inteftines, by means of the eyftic dudl and the eholedochic canal. The fpleen varies in form and pofition. Sometimes it is all of a piece; fometimes divided into many lobes, which adhere only by very flender filaments. In fome individuals it is black, in others it has the red hue of clotted blood. It is placed near the backbone, and at a place where it is fubjeft to an alternate conftridiion and dilatation, from the prefiure of the air-bag, which is fituated in its neighbourhood. Almoft all fitlies are provided with the urinanj blad¬ der. Its form is nearly oval. It terminates u;nder the tail ; and has no communication with the reftum. The kidneys are two flat bodies, of a pyramidal form, as long as the abdomen, and of a reddilh colour. They are attached to the vertebrae, feparated from the cavity of the abdomen by the peritonceum, and frequently pro¬ longed from the diaphragm to the region of the uri¬ nary bladder. The diaphragm is a white and fhining membrane Chap. II. which feparates the thorax from the abdomen. This Anatomy partition is partly fleftiy and partly tendinous. of Fifhes. The peritonceum, or membrane inverting the con- ' tents of the abdomen, is thin and of a blackifti colour. I he ova^ in the females, are difpofed into two large oblong bodies, one on each fide of the abdomen ; and the milt or foft-roe, in the male, appears in a fimilar form in the fame part. The pericardium is a fmall bag which contains the heart. I he heart is a vifcus fituated on the fternum, under the pofterior gills. It varies confiderably in form, be¬ ing fometimes flat, frequently triangular or pyramidal, &c. Its pofition is not tranfverfe, as Artedi has al¬ leged, but longitudinal, as in quadrupeds. It confifts of one ventricle and one auricle. The fides of the former are rugofe, and exhibit many fmall cavities. 1 he latter is a very flender mufeular bag, with a larger cavity than that of the ventricle, and forming the com¬ munication between the heart and '1 he venous Jinus. The capacity of this laft is ftill greater than that of the auricle. Its pofition is tranf¬ verfe, correfponding to that of the diaphragm. It com¬ municates with the auricle by a large aperture, and receives at the* other end three large trunks of veins. The aorta is an artery attached to the apex of the heart, and fending out numberlefs branches to the gills, on which it is lubdivided into ramifications fo minute as to efcape the eye unlefs aflifted by a glafs. T he blood of fifhes is red, and the red particles are not round as in the mammalia, but oval as in the am¬ phibia. Dr Monro’s elaborate defcription of the abforbent fyjlem in fifhes, is thus ftated by Dr Shaw in the fourth volume of his General 'Zoology. “ On the middle of the belly, immediately below the outer fkin, a lymphatic veflel runs upwards from the vent, and receives branches from the fides of the belly and the fin below the vent ; near the head this lymphatic pafies between the two pe&oral fins, and having got above them, receives their lymphatics : it then goes under the juncture of the two bones which form the thorax, where it opens into a net-work of very large lymphatics which lie clofe to the pericardium, and almoft furrounds the heart: this net-work, befides that part of it behind the heart, has a large lymphatic on each fide, which receives others from the kidney, runs upon the bone of the thorax backwards, and when it has got as far as the middle of that bone, fends off a large branch from its infide to join the thoracic du£l; after detaching this branch, it is joined by the lympha¬ tics of the thoracic fins, and foon after by a lymphatic which runs upon the fide of the fifh ; it is formed of branches, which give it a beautiful penniform appear¬ ance. Befides thefe branches, there is another fet lying deeper, which accompanies the ribs ; after the large lymphatic has been joined by the above-mentioned vef- fels, it receives others from the gills, orbit, nofe, and mouth : a little below the orbit another net-work ap¬ pears, confifting in part of the veffels above defcribed, and of the thoracic dudl: this net-work is very com¬ plete, fome of its veffels lying on each fide the mufcles of the gills, and from its internal part a trunk is fent out, which terminates in the jugular vein. “ The lafteals run on each fide of the mefenteric ar¬ teries, ICHTHYOLOGY. chap. nr. i c h t h -i Phyfiology teries, anaftomofing frequently acrofs thofe veffels : the and receptacle into which they enter is very large in pro- Hahirurlc5 p0rtion to them> and confifts at its lower part of two branches, one of which lies between the duodenum and the ftomach, and runs a little way upon the pan¬ creas, receiving the lymphatics of the liver, pancreas, lower part of the ftomach, and the la&eals from the greateft part of the fmall inteftines : the other branch of the receptacle receives the lymphatics from the reft of the alimentary canal. The receptacle formed by thefe two branches lies on the right tide of the upper part of the ftomach, and is joined by fome lymphatics in that part, and alfo by fome from the found and gall¬ bladder : the thoracic du& takes its rife from the re¬ ceptacle, and lies on the right fide of the osfophagus, receiving lymphatics from that part *, and running up about half an inch, divides into two dufts, one of which paffes over the ocfophagus to the left fide, and the other goes ftrait upon the right fide, palling by the upper part of the kidney, from which it receives fome fmall branches, and foon afterwards is joined by a branch from the large lymphatic that lies above the bone of the thorax, as formerly mentioned : near this part it likewife fends off a branch to join the duft of the oppofite fide j and then, a little higher, is joined by thofe large lymphatics from the upper part of the gills and from the fauces. “ The thoracic duft, after being joined by thefe O L O G Y. 73 veffels, communicates with the net-work near the orbit, Pliyfiology where its lymph is mixed with that of the lymphatics HaJ"udes from the pofterior part of the gills, and from the fupe- of Fiflies> rior fins, belly, &c. and then from this net-work a vef- ^ J fel goes into the jugular vein juft below the orbit. This laft veffel, which may be called the termination of the whole fyftem, is very fmall in proportion to the net-work from which it rifes} and indeed the lympha¬ tics of the part are fo large as to exceed by far the fize of the fanguiferous veffels. “ The thoracic du& from the left fide, having paffed under the oefophagus from the right, runs on the infide of the vena cava of the left fide, receives a branch from its fellow of the oppofite fide, and joins the large lymphatics which lie on the left fide of the pericardium, and a part of thofe which lie behind the /heart, and afterwards makes, together with the lymphatics from the gills, upper fins, and fide of the filh, a net-work, from which a veffel paffes into the jugular vein of this fide : in a word, the lymphatics of the left fide agree exaftly with thofe of the right. Another part of the fyftem is more deeply feated, lying between the roots of the fpinal proceffes of the back-bone. 'I his part confifts of a large trunk that begins from the lower part of the fifti, and as it afcends receives branches from the dorfal fins and adjacent parts of the body : it goes up near the head, and fends a branch to each thoracic duff near its origin.” CHAP. III. PHYSIOLOGY AND HABITUDES OF FISHES. MOST of the obfervations which belong to this fec- tion may be referred to the general topics of external fenfes^ motion^ nourijhment, reproduftion, and duration. i. Refpiration. Refpiration This important animal funflion is performed, iti performed fifftes, by means of gills, which fupply the place of lungs. Though all fithes live in water, the prefence of air is not lefs neceffary to their exiftence than to our own. If a carp, for example, be put into a large vafe of water, from which the air is extracted by the air- pump, a number of bubbles are obfervable on the "fur- face of the fifh’s body ; foon after, the animal breathes fwifter and with greater difficulty •, it then rites to the ' furface to get more air ; the bubbles on its furface be¬ gin to difappear ; next, the belly, which was fwollen, will fuddenly fall, and the fifh fink to the bottom, con- vulfed and expiring. For the fame reafon, if the ex¬ ternal air be excluded from a fmall pond by a fufficient and durable covering of ice, the fifh within it will be killed : or if a hole be made in the ice, before it be too late, they will all come near it for a frefin fupply of air. In ordinary cafes, a fifh in the water firft receives a quantity of that element by the mouth, from which it is driven to the gills *, thefe clofe and prevent the water fo fwallowed from returning by the mouth, at the fame time that their bony covering prevents it from pafting through them, until the proper quantity of air has been drawn from it. The covers then open, and give it a free paffage : by which means the gills al¬ fo are again opened, and admit a frefh body of water. Vol. XI. Part I. Should the free play of the gills be fufpended, or their covers kept from moving, by a firing tied round them, the fifti would foon fall into convulfions, and die in a few minutes. Though the branchial apparatus be com- prifed in a fmall compafs, its furface, if fully extended, would occupy a very confiderable fpace, fince that of the common fkate is equal to the furface of the human body. This fingle fa6l may convince us of the numberlefs con¬ volutions and ramifications in which the included water is elaborated and attenuated in the courfe of giving out its air in the refpiratory procefs. This procefs, in fifties, as in the human fubjeer. per *, body olive-brown above, fomewhat fllvery beneath. ( The figure and appearance of this fpecies are too well known to require a particular defcription. It is a na¬ tive of almoft all the waters of the ancient continent, frequenting not only rivers but ftagnant pools, and oc- cafionally fait marlhe;s and lakes. In fpring it is found even in the Baltic and other feas. In fome places near the mouths of the Baltic, they aretaken'in fuch abund¬ ance that they cannot be ufed frelh, but are fmoked and falted, and conveyed by waggon-loads into Saxony, Silefia, &c. We are told that 2000 have been taken in Jutland at a Angle fweep of the net, and 60,000 in the Garonne in one day, by a fingle net. It is gene¬ rally alleged that the eel cannot bear the water of the Danube ; and it is rarely found either in that river or the Wolga, though Very common in the lakes and rivers of Upper Auftria. Its ordinary fize is from two to three feet, though it lias been known to attain to the length of fix feet, and to weigh fifteen pounds. Dale and others mention fome of uncommon magni¬ tude, but which were probably congers. Though im¬ patient of heat and cold, the eel can live longer out of the water than any other fit'll, and is extremely te¬ nacious of life, as its parts will move a confiderable time after it has been fkinned, and cut into pieces. It fometimes quits the water, and wanders about mea¬ dows and moift grounds in quell of particular food, as fnails, worms, &c. It is a1fo laid to be fond of new- fown peas, and to have fometimes taken refuge from fevere frolls in adjoining hay-ricks. Its ufual food con- fills of water-infefls, worms, and the fpawn of fiihes. It will alfo devour almoit any decayed animal Jub¬ ilance. It is viviparous, producing its young about the end of fummer ; though both eggs, and ready-form¬ ed young are occafionally obferved in the fame indivi¬ dual. Its Ikin, which is proverbially llippery, from the large proportion of mucus with which it is furnilhed, ferves, in fome countries, from its toughnefs and pellu- cidity, as tackle for carriages, &c. and glafs for win¬ dows. Though we learn from Athenmus, that the Sy¬ barites exempted from every kind of tribute the vend¬ ers of eels, the Remans feem to have held this filh very cheap as an article of food. In modern times it is reckoned highly nutritious, though fomewhat difficult of digettion, and hurtful when taken to excefs. Conger eel.—Two tentacula at the roitrum, the la¬ teral line whitilh and dotted. The firll of thefe cha- radlers is not conllant. But the conger may be di- ftinguilhed from the common eel by other marks, fuch as its darker colour, larger eyes, its Ihorter lower jaw, and the greater fize to which it ufually attains. Speci¬ mens from the Mediterranean have fometimes been taken of the length of ten feet, and of the weight of more than a hundred pounds. It is likewife an inha¬ bitant of the northern feas, and of thofe which furround fome of the American illands. The conger is only an occafional vifitant of freffi water, frequenting the mouths of rivers in fpring. In the mouth of the Se¬ vern incredible quantities of the fry are taken in April, under the name of elvers. In its full-grown Hate the conger is alfo reckoned a ufeful article of food in many parts of Europe. The great quantities that are taken on the coaft of Cornwall are chiefly exported to Spain and Portugal. Much of their abundant oil is drained away in the procefs of drying, the weight being re¬ Chap. IV. duced nearly eighty per cent. Congers are extremely Apodal voracious, preying on other fillies, and on various kinds of cruftacea, particularly on the fmall crabs during v " their foft ftate after they have caft their ffiell. Southern 7iiur the frefh waters of Surinam. Plain fynbranchus. — Of a plain un variegated bvown {mmacu[aa colour. A native of Surinam. tus. Monop- teius. Gen. 3. PvIoNorxERus. Body eel-fhaped ; noftrils placed between the eyes ; fin cadal. Javan monopterus.—Livid brown or blackiffi, withjnvanicus. a very (harp-pointed tail. This fith, which has the appearance and habits of a mursena, is a native of the Indian feas, and very common about the coafts of Java, where it is confidered as an excellent food. Gen. 4. Gymnotus. Gymnotus. Head with lateral opercula ; two beards or tentacula on the upper lip ; eyes covered by the common in¬ tegument ; gill-membrane five-rayed ; body com- preffed, without dorfal fin (in moil fpecies), but ca- rinated by a fin beneath. Carapo gymnotus.—Brown, with the vent-fin of Cnecarapo. length of the attenuated tail, and the upper jaw longer than the lower. This fifh is a native of the American feas, and is faid to be moft frequent about the coaft of Surinam. Its ordinary length is from one to two feet. It is reckoned excellent by the South Americans. Elecincal gymnotus, or cramp fjh.—Without fcalese/cdlricus, or dorfal fin ; the caudal very obtufe, and joined to the anal fin. This fifh bears a confiderable refemblance to a large eel, though fomewhat thicker, and commonly of an uniform blackiffi-browm. It was firft announced to the philofophers of Europe on account of its remark¬ able eleflrical or galvanic properties, in 1677, by M. Richer, who was commiffioned by the French Acade¬ my to make fome mathematical obfervations in Cay¬ enne. Chap. Apodal Fifties. IV. I C H T H Y O X O G Y. Si ttcus. Trichiurus. enne. It would be tedious to recite all the remarks and experiments of fucceeding obfervers, which'confpire to prove the voluntary eleftricity of the gymnotus, which, however, occafionally exhibits fome variations from the phenomena of common electricity. If a perfon touches the animal with one hand, in fuch a manner as to irri¬ tate it confiderably, while the other is held at a fmall diftance from it in the water, he will experience as ftrong a (hock as from a charged Leyden phial. The Ihoek is aifo readily communicated through a circle of eight or ten perfons at once, the perfon at one extre¬ mity putting his hand in the water near the fifh, while the other touches the animal. It is by this extraordi¬ nary faculty that the gymnotus fupports its exiftence, the fmaller fillies and other animals which happen to approach it being inftantly llupified, and then falling an eafy prey. It is even capable of depriving thofe who approach it in its native waters, of fenfe and mo¬ tion. It is a native of the warmer regions of Africa and America, in which 1^11 it inhabits the larger rivers, particularly thofe of Surinam. In Africa, it is faid to occur chiefly in the branches of the Senegal. In f^ie 65th volume of the Philofophical Tranfaftions, our readers will find an accurate defeription of the external form of the eledlrical gymnotus, by the late ingenious Dr Garden, and one equally accurate of its internal flruflure by the celebrated Mr John Hunter. Needle gymnotus. Naked, with finlefs tail and belly, the anal fin of fixty rays, terminating before’it reaches the tip of the tail. The only European fpecies yet difeovered, being a native of the Mediterranean, and deferibed by Brunnich in his hiftory of the fifli of Mar- feilles. To the fame genus htlowg fafeiatus, albus, albifrons, rcjlratus, notopterus, and qfiaticus. Gen. 5. Trichiurus. Head ftretched forwards, with lateral gill covers ; teeth enfiform, femi-fagittated at the points, the fore teeth the largeft *, gill-membrane feven-rayed ; body com- prefled and enfiform, with a fubulate and finlefs tail. Apodal Fifties. which have fore teeth and grinders. Of three fpeci- mens examined by Dr Bloch, one had fix row's of grin¬ ders in the upper jaw, and as many in the lower ; ano¬ ther had fix rows above, and four below ; and a third had five above, and three below. The diipofition and ftru&ure of all the teeth are excellently adapted for breaking and comminuting the crabs, lobflers, fcallops, large whelks, &c. which this voracious animal grinds to pieces, and fwallows with the {hells. When caught, it faftens on any thing within its reach. Sehonfelde relates, that it will feize on an anchor and leave the marks of its teeth behind 5 and we are informed by Steller, that one which he faw' taken on the coail of Kamtfchatka, feized with great violence a cutlafs w ith which it was attempted to be killed, and broke it in pieces as if it had been made of glafs. The fifhermen, dreading its bite, endeavour as foon as poflible to beat ouf its fore teeth, and then kill it by ftriking it on the head. Its flat and grinding teeth are often found in a foffil flate, and known by the name of bufonites, or toad-Jlones, to which many fuperflitious virtues were formerly aferibed. The fea wolf grows to a very con- fiderable fize, being frequently four, and fometimes even feven feet in length. It has fmall feales and a la¬ teral line, though deferibed by mod: naturalifts as deftl- tute of both. It commonly frequents the deep parts of the fea, in the northern regions of the globe, and fome parts of the Britifh coafts, approaching the fhores in fpring, to depofit its fpawn among the marine plants. It fwims fiowly, and with the ferpentine motion of the eel. Owing to its forbidding appearance, it is not ge¬ nerally brought to market j but the fifliermen, the Greenlanders, and the Scotch, find it excellent food. The latter call it the fea cat, and take off the head and {kin before drefling it. The frigofus is now generally admitted to be only a variety of the preceding. Smaller wolf fijh.—With very fharp cartilaginous minor. teeth. Inhabits the coaft of Greenland. Panther wolf fijb.—Yellow, or fulvous, fpotted with^,^^.^ brown. In other particulars it agrees with the mon fpecies. Native of the northern feas. ZepturttS' indicus. Silvery trichiurus, or gymnogafer.—The lower jaw longer than the upper. This fifli is diftinguiflied by the Angularity of its fhape, and the filver brilliancy of its colour. It is from two to three feet long, very vo¬ racious, and a rapid fwimmer. In the purfuit of its prey, it fometimes leaps into fmall veffels w’hich happen to be failing by. It frequents the rivers and larger lakes of South America, and is alfo faid to occur in fome parts of India and China. Indian or eleBrical trichiurus.—Jawrs of equal length. Inhabits the Indian feas, and is faid to poifefs a degree of eleftrical power. Anarchi- c'has. lupus. Gen. 6. Anarchicas. Head fomewhat obtufe; fore teeth both above and be¬ low', conical, diverging, ftrong ; fix or more grin¬ ders in the under jaw, and palate rounded; gill- membrane fix-rayed, body roundifli, caudal fin dif- tinfr. Wolfffh, fea wolf, or ravenous wolf fifh.—Of a blackifti gray colour, the fides, anal and caudal fins, and abdomen lighter. This is ©ne of the few fiflies Vol. XI. Part I. Gen. 7. Odontognathus. Odontcna. 1 ^ £> Mouth furniflied with a ftrong moveable lamina or proeefs on each fide of the upper jaw j gill-membrane five-rayed. Aculeated odontognathus.—Abdomen aculeated. Na- aculeatus, live of the American feas, and common about the coafts of Cayenne, where it ranks among the edible fifties. Gen. 8. TriuRUS. Triuru% Snout cylindrical; one tooth in each jaw $ dorfal and anal fin extended beyond the tail. Commerfonian triple-tail.—The branchial orifice clo- comtner- fed at pleafure by a valve. In general appearance and fonii* fize it refembles a herring. It is diftinguiftied from the whole clafs of fifties by the circumftance noted in the fpecific chara&er. ' Native of the Indian feas. Gen. 9. AmmoDYTES. Ammo. Head comprefted, narrower than the body j upper lip doubled, the lower jaw narrow, and pointed $ teeth L final! * 1 82 1 C H T H Y Apodal fmall and {harp ; gill-membrane feven-raycd ; body long, roundiih, with very fmall fcales 5 tail diftindf. tohianus. Sand launce, or /and eel.—The lower jaw longer than the upper. A native of the northern parts of Eu¬ rope, commonly frequenting the coalts, and lying im¬ bedded in the land, in the fummer months, at the-depth of half a foot, or a foot, with its body rolled into a fpi- val form. In this fituation it is taken at the recefs of the tide, either for bait by the filhermen, or as an arti¬ cle of food, being regarded as a delicacy. It lives on •worms and fmall filhes, not even excepting its own fpe- cies; and it is itfelf preyed on by the porpoife, and larger fiihes, particularly by the mackerel. Mold of the older iehthyologifts have erroneoufly reprefented it as deftitute of fcales, and Klein has improperly divided it into two fpecies. Ophidium. Gen. 10. OpHIDIUM. Head fomewhat naked ; teeth in the jaws, palate, and fauces ; gill-membrane feven-rayed, patulous} body fword lhaped. barbatum. Bearded ophidium.—Four cirrhi on the lower jaw. This fpecies, which is frequent in the Mediterranean and Red feas, grows to ten or twelve inches long, is of a {livery hue, with a (hade of pink, and marked with irregular linear fpots; its {kin is covered with foft ob¬ long fcales, adhering at their anterior edge. Accord¬ ing to Belon, the Romans prized its flefh, which is white, but rather coarfe. imberbe. Beardlefs ophidium.—.Taws beardlefs ; tail rather ob- tufe ; in other refpefts, much allied to the former. In¬ habits the Mediterranean, and has alfo been taken near Weymouth. Viride, aculeatum, and ma/acembalus, the other fpe¬ cies, are but imperfedlly known. Stromateus. Gen. 11. STROMATEUS. Head comprefled ; teeth in the jaws and palate ; body oval, broad, and llippery 5 tail bifid. fiatola. paru. cinereus. argenteus. niger. Stripedjiromateus.—Marked with tranfverfe undula¬ ted bands. This fpecies, which is beautifully variega¬ ted, inhabits the Mediterranean and Red fea, and is known to the modern Romans by its fpecific appella¬ tion. Paru Jiromateus.—Gold-coloured back, and filvery abdomen. General fize, that of a turbot. Much el- t.eemed as a food. Native of South America and Tran- quebar. The cumarca of Gmelin’s Linnaeus feems to be only a variety of this. AJh-caloured Jromateus.—Tail forked, the lower lobe longer than the upper. Native of the Indian feas, and ferved at table, as a dainty, under the name of pampel. Silver flromateus.—With the lobes of the tail equal. Nearly allied to the preceding, a native of the fame feas, and equally efteemed as an article of food. Black Jromateus.—Entirely of a blackifh colour. This alfo frequents the Indian feas •, but is feldom pre¬ pared for the table, on account of its colour and the circumftance of its feeding on wood-lice, which are fometimes found in its mouth. * 1 O L O G Y. Chap. IV. _ v ‘ Apodal Gen, 12. XlPHIAS. Filhes. Head with the upper jaw terminating in a fword-fliaped-^~^~ J fnout; mouth without, teeth; gill-membrane eight- rayed ; body roundiih, and fcalelefs. Common or Sicilian fword-JJh.—The dorfal fin at-gl(lgiUSt tenuated at the hind part. The body of the fword-filh is long, round, and gradually tapers towards the tail ; the head is flattifh, and the mouth wide, both jaws ter¬ minating in a point, but the upper ftretched to a great diftance beyond the lower, forming what is commonly called the /word, by which it pierces and kills the fmaller kinds of fhhes. It fometimes meafures twenty feet in length, and is of an active and ravenous difpo- fition. The method of taking it, defcribed by Strabo, exadlly agrees with the modern pradlice. A man a{- cends one of the cliffs that overhang the fea, and as foon as he fpies the fifh, gives notice by voice or fignal of the courfe it takes. Another perfon in a boat climbs up the maft, and on leeing the fifh, direfts the rowers to it. The moment that he thinks they have got within reach, he defcends and taking his fpear in his hand, ftrikes into the fifh, which, after wearying itfelf with its agitations, is feized and dragged into the boat. Its flefh is much efteemed by the Sicilians, who cut it in pieces and fait it. The pieces from the belly and tail are moft efteemed, and the failed fins are fold un¬ der the name of callo. The fw'ord-fifh is frequently found in the Mediterranean, efpecially on the coafts of Sicily, where the male and female ufually appear in pairs. It alfo occafionally occurs in the northern feas, and fometimes in the Pacific ocean ; but Ailian errone- oufiy alferts that it is at the fame time a freih-water fifii, and an inhabitant of the Danube. BroadJnnedfword-JJh.—Diftinguifhed from the platypte- ceding' by a very broad back fin, and very long-ftiarp- pointed thoracic appendages. Found not only in the Brafilian and Eaft Indian feas, but alfo in the Northern ocean. It is faid to have frequent combats with whales. The bottom of an Eaft Indiaman was pierced by a fifh of this fpecies, in fuch a manner, that the fword was driven through almoft to its bafe, and the animal kill¬ ed by the violence of the effort. The wood, together wdth the fword imbedded in it, is now in the Britifh Mufeum. When this fpecies does not exceed four feet, it is confidered as an eatable fifh ; but it is found of the length of twenty feet, and fometimes even much longer. Short-fnouted fwordffj.—Black!(li ; with fnout °fmakaira^ middling length, and two bony tubercles on each fide of the tail. Refembles the common fword-filh, except that the fnout is much fhorter and thicker. Gen. 13. SXERNOPTYX. Sternoptyx. Head obtufe ; mouth turning up ; teeth very fmall; no gill-membrane; body compreffed, without vifible fcales ; breaft carinated, and folded both ways; ab¬ domen pellucid. Tranfparent fernoptyx.—Silvery ; with diaphana, breaft, and pellucid abdomen; two or three inches long, broad, and compreffed, the back rifing into a fharp edge, and the abdomen terminating in a carina. Na¬ tive of the American feas. Gen. 14. Chap. IV. I C H T H Y Apodal Fifties. Leptoce- phalus. niorrijii. Gen. 14. Leftocephalus. Head narrow ; body very thin and compreffed 5 no peftoral fins. Morris launce, or Anglefea morris.—Firft difcovered on the coaft of Anglefea by Mr Morris, and defcribed by Pennant under his name. Four inches in length *, the head very fmall j the body extremely thin, and almoft tranfparent. Gen. I C. SXYLEPHORUS. Stylepho- r"s* Eyes pedunculated, (landing on a fiiort thick cylinder j fnout lengthened, directed upwards, retradlile to¬ wards the head by means of a membrane } mouth without teeth ; gills three pair beneath the throat 5 pefloral fins (mail 5 dorfal the length of the back } caudal (hurt, with fpiny rays; body very long, com- prelTed. chordatus. ' Chordated Jlylephorus.—Silvery, with an extreme¬ ly long caudal thread. We (hall here defcribe Dr Shaw’s defcription of this very extraordinary fpecies. “ The roftrum or narrow part which is terminated by the mouth, is connected to the back part of the head by a flexible leathery duplicature, which permits it to be either extended in fuch a manner that the mouth points direftly upwards, or to fall back, fo as to be received into a fort of cafe formed by the upper part of the head. On the top of the head are placed the eyes, which are of a form very nearly approaching - to thofe of the genus cancer, except that the columns nr parts on which each eye is placed, are much broader or thicker than in that genus*, they are alfo placed clofe to each other, and the outward furface of the eyes when magnified, does not Ihow the lead appearance of a re¬ ticulated tlrufture. The colour ef the eye*, as well as of the columns on which they (land, is a clear ehefnut brown, with a fort of coppery glofs. Below the head, on each fide, is a confiderable compreffed Semicircular fpace, the fore part of which is bounded by the cover¬ ing of the gills, which covering feems to confift of a Angle membrane of a moderately ftrong nature. Be¬ neath this, on each fide, are three fmali pair of bran¬ chiae. The body is extremely long, and compreffed verv much, and gradually diminiflies as it approaches the tail, which terminates in a firing or procefs of an enormous length, and finifhes in a very fine point. This firing, or caudal procefs, feems to be ftrengthened throughout its whole length, or at leall as far as the eye can trace it, by a fort of double fibre or internal part. The pe£loral fins are very fmall, and filuated almofl immediately behind the cavity on each fide the thorax. The dorfal fin, which is of a thin and foft nature, runs from the head to within about an inch of the tail, when it feems fuddenly to terminate, and a bare fpace is left of about a quarter of an inch. I am, however, not altogether wit\ out my doubts whether it might not, in the living animal, have run on quite to the tail, and whether the fpecimen might not have re¬ ceived fome injury in that part. From this place com¬ mences a fmaller fin which conftitutes part of the cau¬ dal one. The caudal fin itfelf isfurnifhed with five re¬ markable fpines, the roots or originations of which may be traced to fome depth in the thin part of the tail. o L o G Y. 83 The general colour of this lilh is a rich [liver, except 11'1'' on the flexible part belonging to the roftrum, which is, 1^e . of a deep brown , the fins and caudal procefles sie alfo brown, but not lo deep as the part juft mentioned. There is no appearance of feales on this fifh. From the very Angular figure and fituation of the eyes, I have given it the generic name of Jlylephorus, and as the trivial name cannot be taken from any circumflance more properly than from the extraordinary thread like procefs of the tail, I have applied to it the title of chor¬ datus. It is a native of the Weft Indian feas, and was taken between Cuba and Martinico, near a fmall cluf- ter of little iflands about nine leagues from fhore, where it was obferved near the furface. The whole length ox this uncommon animal, from the head to the extremity of the caudal procefs, is about 32 inches, of which the procefs itfelf meafures 2 2.” II. JUGULAR. The fifties of this order have their ventral fins fi~ tuated before the pectoral fins, and, as it were, under the throat. They are moflly inhabitants of the fea. Their body is fometimes covered with feales, and fometimes not. With a very few exceptions, they have fpines in the dorfal and anal fins j and their gills have bony rays. Gen. I. CaLLIONYMUS. Calliony- mus. The upper lip doubled*, eyes near each other*, the gill-membrane fix-rayed *, two breathing apertures in the hind part of the head •, opercula clofe ; body fcalelefs ; ventral fins very diflant. Gemmeous dragonet.—The firfl ray of tne firfl dorfal lyrn* fin as long as the body. In this beautiful fpecies, the pupils of the eyes are of a rich fapphire, the irides of a fine flame colour \ the pe£loral fins light brown, and the body yellow, blue, and white. “ The blue,” fays Mr Pennant, “ is of an inexpreflible fplendour; the richefl ccerulean, glowing with a gemmeous brilliancy j the throat black.” Dr Tyfon has defcribed it, in the 24th volume of the Philofophical 1 ranfa feldom grows to a very large fize, though fome have been taken at Scarborough \\hich weighed nearly 28 pounds. It is found in the Baltic and northern fea, and is very common on many of our rocky coafts. During dimmer it is feen frolicking on the lurface of the water, and will bite at anything that appears on the top of the waves. It is reckoned a good eating filh. * * * With two dorfalfins. Hake.—Beardlefs; the under jaw longed. Confider-mcrlucci- ably lengthened, meafuring from one to two feet; the^r. body pale alh-cclour on the back, and whitilh on the fides and abdomen. This filh, which is very voraci¬ ous, frequents the Mediterranean and northern leas. Its flelh is eatable and flaky, but little efteemed. It is falted and dried as food for the lower orders of people. One of the mod coniiderable hake-filheries i*> carried on about the coafts of Brittany, both by the hook and net. It js praclifed chiefly by night. The baits prin¬ cipally ufed are launces, fardines, and other fmall filhes. ? Ling.—Bearded ; the upper jaw longed. Long andmoivet, flender; the fides and back fometimes of an olive hue, and fometimes cinereous; abdomen and ventral fins white, and the tail marked near the end with a tranf- verfe black bar, and tipped with white. Its ordinary length is from three to four feet, but it will fometimes grow to feven. It is an inhabitant of the northern leas, chiefly frequenting deep water, living on fmall filhes, Ihrimps, &c. ; and depofiting its fpawn^in June, among the fuel in oozy bottoms. In the Yorklhire feas, it is in perfection from the beginning of February to the beginning of May, during which feafon the liver is very white, and abounds with a fine flavoured oil. In many places ling is falted both for exportation and home conlumption. An excellent ifinglals is prepared from its found. Leverian gadus.—Somewhat cinereous, with ocellated leverian- whitilh fpots. Suppofed to be a native of the Southern us. 9 ocean. ., Whitijhgadus.—Bearded; ventral fins dida&yle zn&a/hidus; elongated. Inhabits the Mediterranean. Toad gadus—Bearded; gill-covers with three fpines; taUt the firft dorfal fin with three rays. Native of the Ame¬ rican and Indian feas. Burbat.—Bearded ; the jaws of equal length. Body /ol(. much lengthened, fomewhat cylindrical, of a brownidi- yellow 86 Jugular yellow colour, and white below : but the thades vary at , iflies' different feafons, and in different individuals. It is a frelh-water fifh, affecting clear lakes and rivers 5 feed¬ ing voracioufly on all the fmaller fifties, as well as on frogs, worms, and aquatic infefts ; fjiawning in the fineft: feafon of the year, and rapidly attaining to full growth. The largeft which are taken in England rare¬ ly exceed the weight of three pounds; but in fome parts of Europe they are found of more than double that weight, and of the length of three feet and more. They occur in great plenty and perfedtion in the lake of Geneva, and are by no means rare in many places in Europe, Siberia, and India. In England it frequents the lakes of the northern counties, fome of the Lin- colnthire fens, and the rivers Witham and Trent. Its flefti is white, delicate, and eafy of digeftion ; and its liver, when in feafon, is reputed a peculiar dainty. Al- drovandus makes mention of an old German countefs who expended the greateft part of her income in the purchafe of this difh. According to Bloch the burbat fiftiery once proved fo productive in the Oder, that the fatteft were cut into narrow' thongs, which were dfied, and ufed as matches. mujlela. Weafel gadus, five-bearded cod, or whifilefijh.—Five cirrhi; the firft dorfal fin incomplete. Grows to near¬ ly 19 inches : feeds on the teftaceous and cruffaceous marine animals ; depofits its fpawn in autumn •, is co¬ vered with mucus and very thin fcales ; and is of a broAvnith yellow colour, with black fpots, and white be¬ low. The tricirratus and the rujficus are only varieties of this fpecies. cimbrius. Cimbrian gadus.—Four cirrhi ; firft: dorfal fin in¬ complete, with the firft ray haftated. Nearly allied to the preceding. Native of the Atlantic and northern feas. **** With one dorfialfin. mediter- Mediterranean gadus.—Two cirrhi on the upper lip, raneus. and one on the lower. Native of the Mediterranean. Confidered by La Cepede as a blennius. brofime. TorJk, or tufk.—Mouth bearded ; tail oval and acute. About twenty inches in length j colour of the head dulky, of the back and tides yellow, of the belly w hite. Inhabits the northern feas, about the Shetland illands, and is not obferved lower than the Orkneys. Both barrelled and dried, it forms a confiderable article of commerce. Blennius. Gen. 5. Blennius. Head Hoping, and covered with fcales ; gill-membrane fix-rayed j body lanceolate *, ventral fins with two fpinelefs proceffes, the anal fin detached. * With crefied head. gabrtta. Crefied blenny.—Creft tranfverfe,andtkinny. Length about four or five inches ; body long, compreffed, and flippery. The creft eredted or depreffed at pleafure. Inhabits the European feas, and is fometimes found about the rocky coafts of Great Britain. cri/latus. Punarn.—Longitudinal fetaceous creft between the eyes. Native of the Indian feas. cornutus. Horned blenny.— Simple ray between the eyes 5 and fingle dorfal fin. Inhabits the Indian feas. 'cellaris. Ocellated blenny.—Blueilb-green j fubfafciated with Chap. IV. brown broad dorfal fin, marked by a black ocellated Jugular fpot. Length about fix or eight inches. Inhabits the, Fiflles- Mediterranean, among the rocks and fea-plants near W’"‘v ^ the there. Its fleftr is meagre and not much efteemed. Faficiated blenny.—Two fimple cirrhi between \\\efaficiatus. eyes \ the vent fin with 19 rays. Native of the Indian feas. Salient blenny.—Brown, ftreaked with black, with afallens. fimple cirrhus on the head, and very large pedloral fins. Obferved by Commerton about fome of the fouthern itlands, particularly thofe of New Britain. It was feen fwimming by hundreds 5 and, as it wrere, flying over the furface of the water, occafionally fpringing up and dowm with great rapidity among the rocks. Gattorugine.—Small palmated fins on the vyCaxo'X'igattorugu and nape. Inhabits the Mediterranean and Atlantic \ne. and is reckoned eatable. Supercilious blenmy.—With palmated fa p c r c i 1 i a r yfuperc ilia - cirrhi, the lateral line curved. Grows to the lengthykr. of about twelve inches ; is viviparous ; and inhabits the Indian feas. Tentaculated blenny.—A fimple cirrhus over the eyes,tentacular and a large ocellated fpot on the back fin. Nearly al-rfir. lied to the horned fpecies j and is found in the Medi¬ terranean. Simons blenny.—With a very final! cirrhus over tliefimus. eyes ; dorfal fin united behind to the caudal fin, and crooked lateral line. Length about three inches and a half. Defcribed by Swief, from a fpecimen in the mufeum of the Peterburgh Academy. Hake blenny, or forked hake.—Noftrils fomewhaty^wc/j-. crefted, a cirrhus on the upper lip, and two dorfal fins. Grows to be eighteen inches long ; inhabits the Medi¬ terranean, and occurs on the coaft of Cornwall. Im¬ properly claffed by Pennant among the gadi. ** Head plain, or crefilefis. Trifurcated blenny, or trifurcated hake.—Prown trifurca* with white lips, and three-rayed open ventral fins./ax. Much allied to gadus tau ; was firft difeovered by Mr Davies near Beaumaris, and defcribed by Mr Pennant as a gadus. Pundulated blenny.—Whitith, fcaly, with pundula~ brown points, and elongated ventral fins. Head large 5 tus. fize about five inches. Defcribed from a fpecimen in the Paris Mufeum. Srrtooth blenny.—The lateral line curved, and {xPo-pholis* bifid. This fpecies, which frequents the northern and Mediterranean feas, lying among ftones and fea-weed, and occafionally entering the mouths of rivers, will grow' to the length of feven or eight inches, but is ufual- ]y much fmaller. It bites fiercely, when firft taken, and is fo tenacious of life, that it may be kept 24 hours out of water. It feeds on fmaller fifties and their fpawn, as well as on ftiell-fifti, fea-infe£ls, &c. It is fmooth, and covered with mucus. Being a coarfe fifti, it is principally ufed as a bait. Bofcian blenny.—Olivaceous, with brown and whitifhboficianus. \ clouds j vent in the middle of the body. Very much allied to the preceding. Native of the American feas, and very common in the bay of Charleftown. It has its name from M. Bofic, by whom it was difeovered. Gunnel, fipotted blenny, or butter fifb.—The Aexi'AgetnelluS. j fin marked with ten ocellated black fpots. About nine or ten inches in length $ head fir.aH, body com¬ preffed. ICHTHYOLOG Y. Chap. IV. Thoracic fhhes. tnujielaris* ’uiviparus. iumpenus. ramnus. tnurcenoi- des. Kurtus. indicus. preffed, and the colour of the body yellow brown, clouded and freckled with deeper fpecks. This fpecies inhabits the Baltic, Mediterranean, and northern Teas. Though coarfe, it is often dried and eaten by the Greenlanders. The number of fpots on the back fin varies from nine to twelve. Wenfel blenny.—The anterior dorfal fin three-rayed. Native of the Indian Teas. Viviparous blenny. — 1 wo tentacula at the mouth. Is fometimes found of the length of a foot, or even of 15 inches. Of a fomewhat {lender form, with a fmooth llippery fkin, covered with fmall feales of a yellowifh olive colour, paler beneath, and marked on the upper parts by feveral moderately large dufky fpots, forming a kind of bars on the dorfal fin and over the back. The rays of all the fins are foft. This fpecies is a lit¬ toral filh, frequenting the coafts of the Mediterranean, Baltic,and northern feas; fometimes entering the mouths of rivers, and feeding like its congeners on the fmaller fifties, iidedfs, See. Its ova are hatched internally, and the young acquire their perfeft form before the time of their birth. Not lefs than two or even three hundred of thefe have been fometimes obferved in a fingle fifti. When the latter is advanced in its pregnancy, it is fcarcely pofllble to touch the abdomen without caufing the immediate exclufion of fome of the young, which are immediately capable of fwimming with great viva¬ city. It probably breeds more than once in the. courfe of the year •, at leaft naturalifts have aftigned different feafons to the produftion of its young. Its flefti is white and fat j but a prejudice has been entertained a gain ft it, becaufe the bones, like thofe of the gar-fifti, become green by boiling. According to the obferva- tion of Linnseus, they are alfo phofphorefcent in the dark. Areolated blenny—Yellowifli, with fubcylindric bo¬ dy, marked on the back by brown patches. Inhabits the deep fandy fhores of the Mediterranean, and con¬ ceals itfelf among fuci, ftones, &c. Sometimes grows to 10 or 12 inches. Frog blenny.—Brown, with obfeurely fix-cleft ven¬ tral fins, and gular cirrhus. Native of the northern feas and of the Swedifti lakes j in habit refembling the gadus tau. Is not eatable, and is faid to frighten away other fifti. Murcenoid blenny.—Gill-membrane three-rayed ; ventral fins one-rayed, with very minute fpines. Body compreffed, fword-fhaped, fmooth, and without vifible feales. Defcribed by Swief from a fpecimen in the Mufeum of the Peterftmrgh academy. Gen. 6. Kurtus. Body carinated above and below, back elevated, gill- membrane two-rayed. Indian lurtus.—Silvery, with gold-coloured back. Inhabits the Indian feas. Length, including the tail, about ten inches, and the greateft breadth fomewhat more than four inches. Feeds on ihell-fifti, fmall crabs, &c. III. THORACIC. The fifties of this order have the ventral fins at the breaft, or nearly under the pe&oral fins. They are ICHTHYOLOGY. 87 generally voracious, preying on other fifties j they are Thoraac moftly inhabitants of the iea j and their {kins, with a ^ ^ few exceptions, are furnifhed with feales. None of them are viviparous. Gen. I. CjEPOLA. Csepola. Head roundifti and compreffed ; mouth turning up, a fingle row of curved teeth •, gill-membrane fix-ray¬ ed ; body fword-fliaped and fcalelefs j the abdomen fcarcely fo long as the head. Common band-jijh, ribland-jijh, or tape-Jifh.— dal fin attenuated, head very obtufe. Very thin., and almoft tranfparent, fo that its vertebrae are vifible. Grows to the length of four or five feet. It fwims with rapidity, and haunts the muddy or weedy {bores of the Mediterranean. Scarcely eatable, having little or no tlefti. Rubejcent band-jijh.—Caudal fin attenuated, rubejeens, pointed. A rare fpecies, and not very diftinftly.de- feribed by authors. It is faid to inhabit the Mediter¬ ranean. The other fpecies are trachyptera and hermanmana. Gymnetrus. Gen. 2. Gymnetrus. Body very long and compreffed ; teeth numerous and fubulate •, gill-membrane four or five-rayed \ anal fin wanting. Afcaniangymnetrus.—Silvery, fpeckled longitudinal- aJcanH^ ly with brown points, and with the ventral cirrhi di¬ lated at the tips. This Angular fifti, which is but im¬ perfectly defcribed in the leones Rerum Naturahum of Pvofeffor Afcanius, is diftinguiftied by the peculiar con¬ formation of its ventral fins, which have more the ap¬ pearance of long fingle rays or proceffes terminated by a fmall ovate and expanded tip. It is faid either to precede or accompany the ftioals of herrings in the nor¬ thern feas, and is popularly denominated king of the herrings. That defcribed by Dr Shaw from a draw¬ ing and notes in the poffeflion of Dr Ruffel, is perhaps either a variety or fexual difference of the afeaman. Havokinfian or Blochian gymnetrus.—Bluith, filvery, haix'ienu* with oblique, linear, brown bands, and rounded fpots, red fins, and four long ventral proceffes. Defcribed by Dr Bloch, from a drawing communicated by J. Hawkins, Efq. In general appearance, much allied to the other kinds of gymnetrus j from which, how¬ ever, it is readily diftinguiftied by its two pair of ven¬ tral proceffes with their finny extremities, and large diftant round fpots on the body. A native of the In¬ dian feas. A fpecimen was thrown on the coaft of Cornwall in February 1798. Cepediangymnetrus.—Defcribed by La Cepede, from lanceo{aa a coloured Chinefe drawing, therefore very imperfeftly ^ known. Gen. 3* Vandellius. Vandellius, Body very long and fword-ftiaped ; gill-membrane five er fix-rayed j teeth fubulate, and thofe in front lar- geft. Lujitanian vandel.—Silvery, with forked tail. Oc- /Ujitanicus curs, though very rarely, in the Mediterranean and Atlantic feas. It has been fometimes taken near Lif- bon. 88 Thoracic bon. Dr Vandelli confiders it as nearly related to the , Fl^ies- genus trichiurus. There is in the Britifli Mufeum a ^ dried fpecimen, which is four feet eight inches in length, the breadth three inches and a half, and the thicknefs very flight in proportion. Echenek Gen. 4. Echeneis. Head oily, naked, and depreffed, flat above, and emar- ginated, tranfverfely falcated, and the fulci ferratedj gill-membrane ten-rayed ; body fcalelefs. remora. Mediterranean remora, or fuchng-jijh.—Tail fork¬ ed } head with eighteen ftrioe or bars. This number, however, is fubjeft to vary, and cannot be fafely af- fumed as a certain character. Grows to the length of about eighteen inches, and is ufually of an uniform brown colour. It is remarkable for the apparatus on its head, by which it firmly adheres to rocks, {hips, or animals, being incapable of fwimming eafily to any confiderable diftance. From this adhefive property arofe the marvellous account of the ancients, who al¬ leged that the remora could arrefl: a (hip under full fail in the midft of the ocean. They alfo pretended, that it completely fubdued the paflion of love. Five individuals of this fpecies have been found fattened to the body of a Angle {hark. The latter fifh, it is faid, will not fwallow them. The Indians of Cuba and Ja¬ maica formerly kept and fed fueking-fifhes for the pur- pofes of catching others. The owner, on a calm morn- ing, would carry one of them out to fea, fecured to his canoe by a fmall but ftrong line, many fathoms in length •, the creature fattened on the firtt fifh in its way. The Indian, meanwhile, loofened and let go the line, which was provided with a buoy to mark the courfe which the fucking-fifli had taken ; and he purfued it in his canoe, until he perceived his game to be nearly exhaufted. He then gradually drew the line towards the (here, the remora {'till fo inflexibly adhering, to his prey, as not eafily to be removed. Oviedo fays, he has known turtle taken by this mode, of a weight that no Angle man could fupport. This fpecies inhabits the ocean and the Mediterranean. Its fleflr is faid to tafte like fried artichokes. fieucrates, Indian remora, or longejl faching-fijh.'—Tail entire ; 24 bars on the head. Occurs more frequently in the Indian and American feas than in thofe of Europe, and is very common about the Mozambique coaft, where it is ufed in catching turtle. It is found of the length of two or three feet, or even of feven. The upper parts of the body are olive green, and the under parts are whitifli. Its flefli is tough and meagre. lineata. Lineated remora.—Tail wedge-fhaped ; head with ten bars, two longitudinal white lines on each fide of the body. Inhabits the Pacific ocean. Coryphsena. Gen* 5- CoRYPHjENA. Head much floping and truncated •, gill membrane five- rayed j the dorfal fin of the length of the back. lilppurur. Common coryphene, or dolphin. Forked tail. In¬ habits the Mediterranean, Indian, and Atlantic feas, often appearing in large ftioals, playing round {hips, and eagerly devouring any articles of food that happen to be thrown overboard. It will even fwallow indi- geftible fubftances, fuch as iron nails, &c. Like its 4 Chap. IV, congeners, it exhibits fplendid and vivid hues in the Thoracic water, being of a bright and beautiful blue-green, ac- Fifhes. companied by a golden glofs. When taken out of the water-, this fine combination of colouring gradually vaniflies with the principle of life. Its ordinary length is about three feet; but it is often feen of four, or even five feet in length. It is ftrong and voracious, purfuing the fmaller fifties, and efpeeially perfecuting the flying- fifti. In fpring and autumn it frequents ftiores, to de- pofit its fpawn. As its flefli is much efteemcd, it is taken both with the line and net. Though popularly called dolphin, it is not to be confounded with the delphinus of the ancients. Of the following, which more or lefs refemble the preceding, the hiftory is too obfeure to detain us : equifetis, plumieri, ccerulea, pentada&yla, novacula, chry- furus, pompilus, fafeioiata, t'clifera, pjittacus, fcombe- roides, acuta, Jima, virens, hemiptera, branchiojiega, 4 japonica, clypeata, lineata, and JinenJis. Gen. 6. Macrourus. Macreuruft Head and eyes large; body at the hind part attenuated into the tail. Long-tailed irmhinfet. Twro dorfal fins, of which the rupejlrisa firft has the firtt ray toothed at the back. This is the, corypheena rupejlris of Linnseus. It chiefly occurs about the coafts of Greenland and Iceland, where it is re¬ garded as a dainty. The head is large and thick, and the body is covered with rounded feales, each of which is furniftied with a toothed carina, ending in a pointed tip, fo that the hand is wounded by drawing it over the fifti from the tail towards the head. When taken, its body fwells, as if with rage, and its- eyes project in a hideous manner. Gen. 7. GoBius. Gobiuje Head fmall, with two approximated pores between the eyes, one pore placed before the other ; gill-mem¬ brane four-rayed ; body fmall, comprefled on both fides, covered with fmall feales, and furniflied with a pimple behind the vent; the ventral fins coalefcing into an oval flrape; two dorfal fins. Common, or black goby, fea gudgeon, or miller''s- niger* thumb. Fourteen rays in the fecond dorfal fin. Grows to the length of fix inches. The body is wedge-lhaped, foft, and flippery, and overfpread with fmall duiky or blackifh fpecks. This fpecies is faid to affix itfelf to the rocks by the union of its ventral fins in the form of a funnel, from which circumflance it is fometimes call¬ ed roch-fjh. It is a native of the Mediterranean and fouthern feas, frequenting the {bores in the beginning of fummer, when it depofits its fpawn. It is edible, but not held in particular eftimation. To this numerous genus alfo belong bicolor, cruenta- lus, paganel/us, arabicus, nebulofus, eleotris, aphya, minutus, jo%o, peBinircflns, fchlojfen, melanurus, bod- 'daerti, lagoccphalus, cyprinoides, lanceolatus, bofeu, cce- rulens, broujfoncti, plumieri, ocellaris, ater, and anguil- laris. Gon. 8. GOBIOMORUS. . Habit as in the preceding genus ; ventral fins diftin£Lrus- Southern gobiomoret Gobrius frigalus of Linnaeus. aunralls Blue J ICHTHYOLOGY, Chap. IV. ICHTHYOLOGY. Thoracic Blue green, with red fpots j whltidi beneath ; head ya- Fifhes. riegated ivith yellow, and, the fins with red.—Native U",~v of the fouthern ocean. 89 Gen. 10. ScoRPiENA, Thoracic Fillies. quadricor- nis. grunniens. Coitus. Gen* 9- GoTTus. Head broader than the body, and armed with fpines $ eyes vertical, furnilhed with a ni&itating membrane j gill-membrane fiK-rayed j body round, without fcales, attenuated towards the tail; dorfal fins more than one. cataphrac- Mailed or armed bull-head, or pogge.—Covered with tus. a hard cruft j two bifid warts on the roftrum; head fur- niftied with cirrhi below. General length about five or fix inches. The head large, bony, and rugged ; the body odlagonal, and covered with a number of ftrong bony crufts.—Frequents the European feas, and is plentiful on our own coafts, living on worms and water infefts, particularly young crabs, and fpawning in the month of May. It is dreffed for the table, but not_ efteemed a luxury. Four-horned bull-head, with four bony tubercles on the head.—Native of the Mediterranean, Baltic, and northern feas. Ufed chiefly as a bait. Grunting bull-head.—Throat (bagged with cirrhi; body naked.—When firft taken, it utters, like fome of the gurnards, a kind of abrupt grunting found, by the fudden expulfion of air from the internal cavities, through the gill-covers and mouth. It is reckoned ef- culent •, but the liver is faid to be hurtful. Native of the Indian and American feas. fcorbius Lafher bull-head, or father-lajher.—Several fpines on “ * the head ; the upper jaw rather longer than the lower. , Inhabits the Mediterranean, and the northern ocean of Europe and America.—It is very ftrong, frrims with 'great rapidity, and is very voracious, preying on the blennies, cod, herring, falmon, as "well as on fmaller fillies and infefts. It is very frequent in Greenland, where it fometimes attains to the length of fix feet, and where it is much relifhed as an article of food. It is faid to be able to live a confiderable time out of wa¬ ter, having the power of doling the gill-covers fo as to exclude the effeds of atmofpheric air. Like the grunt¬ ing bull-head, it utters a ftrong found when firft taken. r-obio River bull-head, or miller's thumb.—Smooth, with two fpines on the head.—Inhabits the clear rivers and brooks of Europe and Siberia, generally lying on the gravel, or concealing itfelf beneath the (tones, preying on worms, water infeds, and very young fi(hes._ It depofits its fpawn in March or April. In this country its length feldom exceeds three inches and a half; but in other parts of Europe it feems to arrive at a fuperior fize, and is even found of the length of feven inches. It is of a yellow olive colour, has a large head, (lippery (kin, and tapers to the tail. It is mod readily caught during the night, and its flefh, which grows red by boiling, is efteemed good and wholefome. znjidiator. Injidious bull-head.—Head marked above by (harp lines, and on each fide by two fpines.—Native of the Arabian feas, in which it conceals itfelf under the land, and fprings on fuch of the fmaller fifties as happen to approach its haunts. To this genus alfo appertain fcaber, japonicus, mn(fi¬ ll enjis, monoptenjgius, madagafcarienfis, niger, and au- Jlralis. Vol. XI. Part I. Head large, aculeated, cirrhated, obtufe, fcalelefs, and fubcomprefled j eyes approximated j teeth in the jaws, palate, and fauces ; gill membrane feven-ray¬ ed } body (le(hy 5 one dorlal fin, long ; the firft rays fpinous. Porcine fcorpecna, little fea fcorpion, or fea devil.—porcus. Cirrhi at the eyes and noftrils. Common in the Medi¬ terranean. Seldom exceeds a foot in length. Wounds with the fpines of its dorfal fin. Flelh tough, and fcarcely eatable. Rufous fcorpama, or larger fea fcorpion.—Two cirrhifcrofa. on the under lip. Larger than the preceding, being fometimes four feet in length. It preys not only on the fmaller fifties, but, occafionally, on marine birds. Inhabits the Atlantic, Mediterranean, and northern feas. Horrid fcorpeena.—Scattered over with callous tu- horrida. bercles. Of a very uncouth and forbidding afpedt. Meafures from 12 to 15 inches in length, and inhabits the Indian feas. Flying fcorpcena.—Thirteen rays in the dorfal fin ; cc0[ltans. fix cirrhi, the pedloral fins longer than the body. Like fifties of the exoccetus and trigla'genus, it ufes its pec¬ toral fins for the purpofes of occasional (light. Native of the rivers of Japan, Amboyna, &c. where it is rec¬ koned excellent food. Befides the preceding, naturalifts reckon plumieri, commerfonii, bicapillata, braclnata, aculeata, barbata, antennata, capenjis, fpinofa, and amencana. Gen. 11. Zeus. Zeus‘ Head comprefied, and (loping; upper lip arched with a tranfverfe membrane; tongue fubulated; gill mem¬ brane with feven perpendicular rays, the lowed tranf¬ verfe ; body compreffed, thin, and fhining; the rays of the firft dorfal fin ending in filaments. Brajilian dory.—The fecond ray of the dorfal and vomer. anal fin very long. Of a rhomboidal (hape, about fix or eight inches long, very thin, and fcalelefs. Native of the American feas, and fometimes feen in thofe of the north of Europe. Edible, but not much in re- queft. Infidious dory.—With a narrow mouth. Native otinfidiator. the rivers and frefti waters of India. Indian dory.—The tenth ray of the dorfal and the (e-gallus. cond of the anal fin longer than the body. Native of the American and Indian feas. Ciliated dory.—With fome of the rays in the dorfal ciliaris. and anal fin very long. Native of the Indian feas. Common dory.—The tail rounded ; a brown central faher. fpot on each fide of the body; two anal fins. Grows to nearly 18 inches in length, and weighs from 10 to 12 pounds. The head is abrupt, the mouth wide, the back much arched, and furnilhed with a row of ftrong (mail prickles. The body is covered with very minute fcales, du(ky brown above, and of a fliining greenifh yellow on the fides. ‘ We are indebted (fays Mr Pen¬ nant) to that judicious actor and bon vivant, the late Mr Quin, for adding a moft delicious fi(h to our table, who overcoming all the vulgar prejudices on account of its deformity, has effectually eftabllftied its reputation.’ M The o I C H T H Thorac’o The dory jj extremely voracious, and, when firft taken, 1^les‘ makes the fame kind of found, as the gurnards and Y fcorpaenas. I: is a native of the Mediterranean, Atlan¬ tic, and northern feas. It is fiihed on the fouthern coafts of England j but the largeit are found in the bay of Bdt ay. aper. Red dory.—Tail even ; body reddilh. Refembles the preceding, but is much fmaller. Native of the Medi¬ terranean. 0pah. ^ dory—Tail fomewhat lunated ; body reddilh, with white fpots. This beautiful fpecies mealures from four to five feet in length j the general colour fome- times a brilliant filvery green, and fotnetimes a bright gold colour, variegated with pretty numerous, and mo¬ derately large, oval white Ipots j while the fins and tail are bright fcarlet. It is the xeus luna of Linnaeus. Found, though rarely, in the Mediterranean and north¬ ern feas. auadratus. Square don/.—Tail even : body cinereous, withtranf- verle dulky bars. Native of the coaits of Jamaica. Pleuronec- tes. Jdppoglof- Jus. eynog'of- fus. pialejfa. Gen. 12. Pleuronectes. Plead fmall ; eyes fpherical, both on the fame fide of the head, and near each other ^ mouth arched ; jaws with teeth, and unequal \ gilhmembrane, with four to feven rays ; the gill-cover, in moll of the fpecies, confiding of three plates ; body comprefft d, carina- ted ; the one fide fomewhat convex, anfwering to the back ; the other, of a paler colour, to the belly 5 the vent nearer the head than the tail. The filhes of this genus are remarkable for having both eyes on one fide of the head ; and they are divid¬ ed into two fections, according as they have the eyes towards the right, when the animal is laid with'its co¬ loured fide upwards, with its abdomen towards the fpec- tator \ or to the left, when the filh is in the fame fi- tuation. '* With eyes towards the right. Halibut.—The whole body fmooth. Dufky above, pure white beneath. Narrow in refpecd to its length. Individuals have been taken on the Engliih coall, v,3iich weighed from 200 to 300 pounds; and the Icelanders have caught feme which weighed 400 pounds. Olafsen mentions, that he faw one which meafured five ells $ and we are told by the Norwegian filhermen, that a lingle holibut will fometimes cover a whole IkifF. This fpecies, then, is more entitled to the epithet maximus, than that to which it is applied. Though it inhabits the Mediterranean, it arrives at a larger fize in the northern feas of Europe and America. It is fe voraci¬ ous, that it devours rays, crabs, haddocks, and even lump-fife, of which it feems to be very fond. The part of the body nearelt the fins, is fat and delicate, but furfeiting ; the reft of the fifli is regarded as coarfe food. The Greenlanders cut it into thin Hips, and dry them in the fun. This fife depofits its fpawn in fpring, among rocks near the feore. Smaller holibut.—Body fmooth, oblong ; teeth ob- tufe 3 tail roundife. Very like the preceding, but fmall¬ er, and more relifeed as an article of food. Native of the northern feas. P/afe.—Body fmooth, with fix tubercles on the Lead. Readily diftinguifeed by its very broad and flat Y O L O G Y. Chap. IV. fliape, its pale brown colour above, and the orange co- Thoracic loured fpots with which it is marked. One of eight or nine pounds is reckoned a large fife, though inltances ' u‘" 'r~~J occur of their weighing 15 pounds. They fpawn in tire beginning of May, and are common in the Baltic and northern feas. The bell are faid to be taken off Rye, on the Suffex coalt, and near Holland. They are in confiderable requelt in the fife-market, though far inferior to the foie and turbot. Flounder.—With a rough lateral line, and a feries.y%/«E» of fpines at the bafe of the fins. Ealily diillnguifhed from the reft of the genus by the fpecific character j and very generally known, as it inhabits every part of the Britifh lea, and even frequents our rivers at a con¬ fiderable diiiance from fait water, it likewife occurs in the northern, Baltic, and Mediterranean feas. In fize, it is much inferior to the plaile ; but it affords a light and wholefome food. Dab.—Scabs ciliated $ fmall fpines at the origin oflimandetj the dorfal and anal fins ; teeth obtufe. Of a very broad, ovate feape, yellowifo brown above, and white beneath. Inhabits the fame feas as the plaife and floun¬ der \ but is leis common, of a fmaller fize, and mors prized as an article of food. Smear-dab, or kit.—Yellowifh brown, w ith fmooth lavis* feales ; five dufky fpots, white beneath. Caught on the Cornifo coaft. Long dab.—Body oblong and rough, lateral line limando* ftraight and broad. Much longer than the dab. In- ides. habits the northern feas, and is efteemed at table. Rofe-colouredJlounder.—Colour of a delicate xo{e ^refeus* and general proportions thofe of a flounder. Taken in the Thames, and preferved in the Leverian mufeum. Sole.—Body oblong and rough 5 upper jaw longefl.y^/^a More narrow and oblong than any other of the genus. Sometimes grows to the length of more than two feet, and to the weight of eight pounds. Its general fize, however, is much fmaller. Thofe of moderate fize are generally in molt rtqueft for the table j and next to . the turbot, are reckoned the moll delicate of the genus. The foie is an inhabitant of the northern, Baltic, Me¬ diterranean, and American feas. On the weft coaft of Great Britain it attains to a much larger fize than on the eaft. The principal fole-fifhery is at Brixham, in Torbay. St?ioath fole.~— WKite, tranfparent, with fmall, thin,dlcphanns deciduous feales. Found about the coafts of Cornwall, where it is called lantern-fjh. ** With eyes towards the left. Wh'jf.—Body broad and rough. Native of thepunBatus. northern fea. Pearl. — Body fmooth j pale brown above, marked by fcattered yellowifo, or rufous fpots, and white be¬ neath. Refembles the turbot, but is inferior in fize. Native of the European feas. Turbot, or bret / plew oneBes maximus of Linnaeus.— tubercular Body rough. This fifh, which is reckoned fueh ddi-^j-. cate eating, is found both in the Mediterranean and northern feas. It is broader and fquarer than any of the genus, except the pearl, and is of a dark brow n: above, marbled with blaekith fpots of different fizes, and white beneath. Like the red of this germs, the turbot generally lies in deep water, preying on worms, {hell-life, final! fifties, &c. It is taken in great quan¬ tities Chap. IV. I C H T H 1 Thoracic titles about the nortliern coafts of England, as well as Fifhcs. on tk0fe 0f France, Holland, &c. They are fo ex- ^ tremely delicate in their choice of baits as not to touch a piece of herring or haddock that has been x 2 hours out of the fea. Though the turbot and holibut are often confounded in our markets, the former may be ealily recognifed by the large, unequal, and obtufe tu¬ bercles on its upper part. In this numerous genus are alfo claffed tnchoda Ely his, %ebra, plagiufa, ocellatus, rondeletn, linguatu/a, glacia- iis, platejfoides, argenteus, barbatus, marmoratus, pavo- ninus, hneatus, bilineatus, ornatus, dentatus, macrolepi- detus, pajftr, papillofus, argus,Jbellatus, zn&japonicus. Ofuetodon. Gen. 13* CtLElODON. Head fmall •, mouth narrow, with retraftile lips ; teeth generally fetaceous, flexible, moveable, equal, very numerous, and clofe •, eyes' round, fmall, vertical, and furnifhed with a nictitating membrane •, gfll- membrane from three to flx-rayed } body broad, thin, comprefled, covered with hard fcales, and coloured; dorfal and anal fins rigid, flefhy, fcaly, and general¬ ly terminated with pickles. To avoid much unneceflary repetition, we flrall ob- ferve, in general, that upwards of 60 fpecies of chseto- dons have been diftinCtly afcertained 5 that they are moftly natives of the American and Indian feas ; that they are diftinguiihed by the great depth and highly compreffed form of the body, which is often beautiful¬ ly variegated by tranfverfe, oblique, or longitudinal bands, and covered with ftrong fcales, finely denticula¬ ted on the margins 5 and that the dorfal and anal fins are remarkably broad, and, in many fpecies, of an un- ufual length. One of the moil remarkable fpecies of this genus is the roflratus, rojlrated, or beaked chectodon, with an en¬ tire tail, nine fpines in the dorfal fin, an ocellated (pot on the fides, and the beak cylindrical. It is of a sroundiih-ovate flxape, about fix or eight inches in length, of a whitifh colour, with a dulky tinge on the back, and marked by fine tranfverfe and nearly equi-diiiant brown bands, with milk-white edges. It is a native of the frefli waters of India, and feeds principally on flies and other fmall winged infers which hover about the furface of its native waters. When it fees a fly at a di- ftanee, alighted on any of the plants in the (hallow wa¬ ter, it approaches very flowly, and with the utmoft cau¬ tion, coming as much as poflible perpendicularly un¬ der the objeft. Then putting its body in an oblique direction, with the mouth and eyes near the furface, it remains a moment immoveable. Having fixed its eyes directly on the infe£t, it darts at it a drop of wa¬ ter from its tubular fnout, but without (hewing its mouth above the furface, from which only the drop feems to rife, and that with fuch effedt, that, though at the diflance of four, five, or fix feet, it very feldom fails to bring its prey into the water. With the clofefl: attention the mouth could never be difcovered above the furface, although the fifh has been feen to fpout fe- veral drops fucceflively, without leaving the place, or in the (mailed apparent degree moving its body. This very fim'.ula: mode of attacking its prey was reported to M. Homel. governor of the hofpital at Batavia, and fo far excited his curioflty, that he ordered a large tub O L O G Y. ft to be filled with fea-vater, and had feme of the fifties T£‘:'p”'ir‘ caught and put into it. When they were reconciled to , their confinement, he caufed a (lender (lick, with a fly faftened at the end, to be placed in (uch a manner on the fide of the veffel, as to enable the fifh to ftnive it , and it was not without inexpreffible delight, that he daily law them exercifing their (kill in (hooting at it, with amazing force, and feldom miffing .their mark. This faeulty is poffeffed by a few other fpecies belong¬ ing to very different genera. The flefh of the roftrated chaetodon is white and well-tafted. ^ Angel efuetodon, or angel-fijh of Catefby, is of a fine catejben,, gold-green colour, with the fcales covered by fmaller ones. The pe&oral, ventral fins, and tail, are of a vi¬ vid orange j and the dorfal and anal, violet-blue at the bafe, and bright crimfon towards the tips.-—It is com¬ mon off Carolina and the Bahama ides, where it is much efteemed for its delicacy. Imperial chcetodon, is a magnificent fpecies, growing imperata?* to the length of a foot or more. Its ground colour is a golden-yellow, which is longitudinally, though fome- what obliquely, ftriped with very numerous bright blue parallel rays. It is a native of Japan, and faid to be fuperior to the falmon in flavour. _ ... Sea lat, or bat chcetodon, furpaffes all the other fpecies 1}efpertihe% in the great extent and breadth of the dorfal and anal fins, both ■which nearly equal the body itlelf in fize, and are of a fomewhat triangular fhape. It is a native of Japan. . Redjlripcd cL'etodon, is diftinguilhed by rmmeronsJe!!J£1 * red (tripes on the body, and an eye-(haped fpot and brittle on the dorfal fin. Three-colouredchcetodon, is golden-yellow on the fore- tricolor* part, jet black behind, except the tail, which is yellow, and red near the end, while the edges cf the gill-co vers, and of all the fins, are bright red. Gen. 14. Acanthurus. Acanthurus Teeth fmall, and in mod fpecies lobated j tail aculeated on each fide. This genus comprifes fuch fpecies of the Linnaean chretodon as, in contradiction to the principal character of that genus, have moderately broad and (trong teeth, rather than (lender and feta¬ ceous ones. Unicorn acanthurus.—Gray-brown ; with a frontal unicornis* horn projecting over the fnout, and two fpines on each fide of (he tail. Of the length of three feet or up¬ wards. Its horn flipped procefs is (trong and conical, terminating rather obtufely.—It is a native of the In¬ dian and Arabian feas, in the latter of which it is uiual- ly feen in (hoals of two or four hundred, fwimming with great ftrength, and feeding principally on the dif¬ ferent kinds of lea-weed. It is lingular that fo remark¬ able a filh (hould have been entirely overlooked by Linnaeus, even in the twelfth edition ot the Syjlema Na¬ turae. The other fpecies are denominated nafus. teuthis, ni¬ gricans, militaris, triojlegus, harpurus, folia/, mgro-fuf- cus, achilles, /meatus, umbratus, meleagris, and velifer. Gen. J 5. Eques. Equen Teeth in feveral rows j body banded. American kaght fifh.—Clio: to don lanceolatus, 1_l\n.amenca* Body oblong ; yellowith. with three black bands, theSWJ« M 2 firft 92 1 horacic fjrft acrofs the eyes, the fecond acrofs the thorax, and ■ ^ ,1‘1<':i' the third along the body,. Native of the American feas. Trichopus. Gen. l6. Trichopus.. Body compreffed; ventral tins, with a very long hla- ment. goratfjij. Goratny trichopus.—Rufefcent, with a filvery caft on the fides j and the lec«nd ray of the ventral fins ex¬ tremely long. Native of the frelh waters of China, where it is much prized as an article of food. arahicus. Arabian trichopus. Labrus ga!Iusy Lin.— Greenith, with violet and blue ftripes, and fecond ray of the ventral fins very long. Native of the Arabian feas. fatyrus. Satyr trichopus.—With finking forehead, projecting chin, and extremely long, fingle-rayed, ventral fins. Native of the Indian feas. pallajii. Pallajian trichopus. Labrustrichopterus, Lin.—Brown, with pale undulations, a black fpot on each fide of the body and tail, and long fingle-rayed ventral fins. Na¬ tive of the Indian feas. monodac- Monodaciile trichopus.—Silvery, with brownifh back, tylus. and ftiort, fingle-rayed, rigid ventral fins. Native of the Indian feas. Spams. Gen. 17. SPARUS. Strong cutting or canine teeth, with obtufe and clofe- fet grinders ; lips double ; gill membrane five-rayed, gill covers fcaly ; body comprefied, lateral line cur¬ ved behind j peCtoral fins rounded. Of this very extenfive genus, molt of the fpecies are exotic •, and their hiftory is very imperfedlly known. Confiderable confufion takes place with refpeft to the characters by which they ought to be difcriminated from the labri, a family to which they are much allied. We {hall briefly notice only a few of the mod ftriking and belt known fpecies. uurata. Gilt-head, has a lunulated fpot between the eyes. A more permanent character may be alfumed from the fix cutting teeth in each jaw. This fpecies is about 15 inches long, but fometimes of a much larger fize. It is of a filvery bluifli caft, with gold-coloured brown, and fometimes with feveral brownilh longitudinal ftripes. The body is broad and thin, and the back elevated. The gilt-head is a native of the Mediterranean, Atlan¬ tic, and Indian feas 5 frequenting deep water on bold rocky ftiores ; and living chiefly on teftaceous animals. It is faid to lleep at ftated times, and to be very fufcep- tible of cold. The Greeks and Romans reckoned it a moft delicate morfel, and the former held it to be con- fecrated to Venus. srythn- Rofe fparus, is remarkable for its beautiful rofe-red colour. In fize and fliape, it refembles the perch. It is a native of the Mediterranean and Indian feas, in the latter of which it is faid to acquire noxious qualities. fafflatus. Fafciated fparus, is of a fquarifti elongated fliape j with tranfverfe dulky bands, and the fins edged with black. It is a native of Japan. chlorou- Green-tailed fparus, is a native of the American feas, rus. and a highly elegant fpecies j having its yellowifti and large feales crofted by a green band, green fins, and rofe-coloured gill-covers. The green tail is ftrongly lu¬ nulated, and marked by minute pale fpecks. Chap. IV. A ftriking difpofition of colours likewife diftinguifli- Thoracic es the chryfirus, ox gold-tailed fparus, which is found , Flflies‘ in the feas of South America. Its general complexion 1 ’ v"~ J is a bright rofe-red, which is deepeft on the back ; a gold yellow ftripe runs on each fide from the gills to the tail, and a fecond on each fide of the bottom of the abdomen. Spinedfparus, has the dorfal fpines recumbent, andfplnfert the five in the middle filiform and elongated. It is of a reddifti filvery hue, with the back and the lines on the body dulky ; Ihape ovate ; and length, a foot and a half. It inhabits the Red fea j and is reckoned a de¬ licious fifti for the table. _ Squirrelfparus, fqmrrel-ffh, ox grunt.—G r ay - b r o v n ,fciu rus. with large feales bordered with yellow, and head mark¬ ed longitudinally by numerous blue and yellow lines. According to Bloch, the blue lines alfo run along the body. Native of the American leas. It is the perca formofa of Linnmus. Infdious fparus.—Red, yellowifh on the fides j tail inf dial or-. fub-forcipated. Length about ten inches. Native of the Indian feas, where, through its long tubular fnout, it {hoots a drop of water at the infefts on which it feeds, in the fame manner as the roftrated chsetodon. Gahlcean fparus—-Greenilh, with whitilh abdomen.Ulceus* Very common in the lake of Genefareth, and therefore fuppofed to have been the principal fpecies in the mira¬ culous draught of fifties recorded by St Luke. Desfontaine',s fparus.—With 23 rays in the dorfal desfonta* fin, 11 in the anal, and a black fpot on the gill-covers, nil. Inhabits the warm waters of Caffa in Tunis, which, in January, are about 30 degrees of Reaumur’s thermo¬ meter above the freezing point 5 but it is alfo found in the cold and brackifti waters furrounding the date plan¬ tations at Tozzar. Argus fparus.—Of a filvery blue j with many ooo\-argus lated brown fpots. A very elegant fpecies, of which the native country is uncertain. Climbing fparus.—Olive-green, with yellowilh abdo-fandens, men, and gold-coloured eyes. Length about a fpan j Ikin covered by a blackilh mucus. “ This filh (fays Dr Shaw) is remarkable for its power of climbing, which it performs by the afliftance of the fpines of its gill-covers, moving itfelf at pleafure up the Items of trees growing near the waters it frequents. In this li- tuation it was cbferved in the month of November 1791, at Tranquebar, by Lieutenant Daldorfif, who communi¬ cated its defeription to Sir Jofeph Banks. It was feen afeending a fiffure in the Item of the palm called boraf- fus flabellifer, growing near a pool of water, and was obferved to move itfelf forwards by alternately apply¬ ing the fpiny fides of the gill-covers to the fides of the fiffure, aflifting itfelf at the fame time by the fpines on each fide of the tail, and had already afeended to the height of more than five feet above the water when it was firft obferved : it was found to be very tenacious of life, moving about on dry fand, many hours after it was taken,” Gen. 18. Scarus, Scarus, Inftead of teeth, the jaws are eminent, crenated, and bony, with a toothed margin 5 gill-membrane five- rayed, gill-cover entire, lateral line generally branch¬ ed,. I € K T H Y O L O G Y. Cretan Chap. IV. I C H T H Y Thoracic Fi flics. cretenjis. viridis. rivulatus. Jlellatus. croicenfis. pjittacus. purpura- tus. niger. ghobban. ferrugi- THUS. fordidus. harid. fchlojferi. Cretan fcarus.—Green, yellowifh beneath, with very large fcales, ramified lateral line, and fublimated^tail. Native of the Mediterranean and Indian feas. Com¬ mon about Crete. Green fcarus.—Yellowifii green ; with large fcales, edged with green •, lateral line interrupted towards the tail. Native of the Japanefe feas. Rivulatedfcarus.—Bluiflt, fpotted with black, and marked by longitudinal yellow undulations. Native of the Red fea. Stellated fcarus.—Oval, blackilh j variegated with fubhexagonal pale rings. Native of the Arabian feas. Red fcarus.—Rofe-red, with filvery abdomen. Na¬ tive of the Indian feas. Parrot fcarus.—Greenilh, marked with yellowilh lines, and with the edges of the fins, abdominal band, and variegations of the head, blue. Native of the Ara¬ bian feas. Purpledfcarus.—Dull-green, with three longitudinal ferrated purple bands on each fide, and blue abdomen. Native of the Arabian feas. Black fcarus.—Ovate-oblong *, blackifh brown, with red lips, and the margin of the fins greenilh-blue. Na¬ tive of the Arabian feas. Blue-fripedfcarus.—Whitilh, with the fcales mark¬ ed by tranfverfe bluilh bands, and double lateral line. Native of the Arabian feas. Ferruginous fcarus.—Brown-ferruginous, with the jaws and margins of the fins green, and tail even. Na¬ tive of the Arabian feas. Sordidfcarus.—Brown-ferruginous, with darker-co¬ loured fins, and rifing, even tail. Native of the Ara¬ bian feas. Scahj-tailed fcarus.—Tail forked, the middle of its back befet with fcales. Native of the Arabian feas. Schlofferian fcarus.—Gold-coloured, with five duiky fpots on each fide, brownilh back, and nearly even tail. Native of Java. Gomphofus. Gen. i(). Gomphosus. Jaws lengthened into a tubular fnout j teeth fmall, thofe in the front larger.—This genus, inftituted by La Cepede, contains two fpecies, both natives of the Indian feas, and both agreeing in the remarkable form of the mouth, which confifts of a tubular pro- cefs, fomewhat truncated at the tip. cceruleus. Blue gomphofus.—Entirely blue. About the fize of a tench. variegatus. Variegated gomphofus.—Variegated with red, yellow, and blue. Smaller than the preceding. Gen. 20. Labrus. Teeth acute 3 lips not doubled 3 gill-membrane fix ray¬ ed 3 gill-covers fcaly 3 the rays of the dorfal fin fur- nifhed behind with a filiform procefs 3 the peftoral fins acuminated 3 and lateral line ftraight. O L O G Y. 93 purple. This beautiful full is a native of Ceylon, where Thoracic it is reckoned edible. . <—-v— Jaculator, or Jhooting labrus.—Gray, clouded jaculator% yellow 3 five tranfverfe dufky bands 3 and lower jaw longer than the upper. Darts water on its prey, like the roftrated chaetodon and infidious fparus. Native of the Indian feas. _ . Scare labrus.—Whitifh, mixed with red 3 with tranf-yc^/w. verfe appendages on each fide of the tail. Native of the Mediterranean 3 where it feeds principally on fuci, and fwims in fltoals. It was in high efteem with the ancients as a food, and confidered by the Romans as one of the principal delicacies of the table. Bal/an labrus, or ballan wraffe.—Yellow, with ful- bal/anus. vous fpots, reflex lips, and ramentofe dorfal fin. Weighs about five pounds. Appears annually in great fiioals off Filey-bridge, near Scarborough. Ancient labrus, ancient wraffe, or old wife.—Beak tinea. bent upwards 3 end of the tail circular. Size and habit of a tench. Native of the European feas, and ufually found in deep waters, about rocky coafts. Liable to vary much in colour. Parrakeet labrus.—Green, with three longitudinal^/iVtacw* red ftripes on each fide, and yellow dorfal fin marked by a longitudinal red band. A beautiful ipecies, which inhabits the American feas. Beautiful labrus.—Red, with longitudinal, interrupt-yo/'wo/wj', ed, flexuous, blue Breaks; and fins edged with blue. Jurella labrus.—Sides bluilh, both marked by a Xoxi-juhs. gitudinal, fulvous, and dentated band. Length about eight inches, and form fomewhat lengthened. Occurs in Ihoals in the Mediterranean. Rhe more ancient ich- thyologkfts erroneoufly confidered it as poifonous, and as the moll beautiful of the finny tribes. Gen. 21. OphicephaluS. Ophlcepha- lus. Head coated with diffimilar fcales; body elongated. PunBated ophicephalus.—Duiky, paler beneath, \\\\BpunBatus. the head pierced by pores, and the body fpeckled with black points. Length about ten inches. Frequents rivers and lakes in India 3 and is reckoned a delicate and wholefome food. Striated ophicephalus.—Duiky, with the abdomenfriatus. and fins ftriated with duiky and whitilh variega¬ tions. Length about twelve inches. Native of In¬ dia 3 inhabiting lakes, and equally efteemed with the former as food. Gen. 22. Lonchurus. Lonchuru?. Head fcaly; ventral fins feparate 3 tail lanceolate. Bearded lonchurus.—Ferruginous-brown 3 with flight- harbalus* ly lengthened nofe 3 two beards at the lower jaw 3 and the fir ft ray of the ventral fins elongated into a briftle. Length about twelve inches. Native of Su¬ rinam. Gen. 23. SciiENA. Scisena, %eijlanu cus. From this very numerous genus, the diferimination of which has never been accomplilhed with accuracy, we can afford to feleft only a few fpecies. Ceylonefe labrus, or Ceylon wraffe.—Green, purplifh beneath, with blue head, and gill-covers variegated with The whole head covered with fcales 3 gill-membrane fix-rayed; a furrow on the back, in which the dorfal fin is feated. Moft of the fpecies of this genus are exotic, and but obfeurely known. Cirrhafe 94 Thoracic Fifiies. cirrkofa. fabrax. ICHTHYOLOGY. > Cliap. IV. Cirrhofe or bearded fctcena, lias the upper jaw long¬ er than the lower, and a beard on the latter. It has the habit of a carp, and meafures from one to two feet. Native of the Mediterranean. Was valued by the Greeks and Romans as an article of food. BaJJe fcicvna, or bnjje. Perea labrax of Lin.—Sub- argenteous, with brown back, yellowilh-red fins, and dulky tail. Habit of a falmon. Native of the Me¬ diterranean and northern feas } frequently entering ri¬ vers. Known to the ancients by the names of labrax and lirpus, and greatly prized, particularly by the Ro¬ mans. about a foot in length. Native of the Mediterranean, Thoracic Indian, and American feas, and confidered as an excel- lent fifh for the table. Spur-gilledholocentrus.—-Subargenteous, with brown- calcarifer, ifh back, large feales, and fpurred gill covers. Native of Japan. Surinam holocentrus.—Brownifh j with yellowifh/hA«tf- clouds, red head, and anterior gill-covers ciliated \vithmenjis. fpines. Native of Surinam, where it is reckoned one of the bell filhes which the country produces. 26. BoDIANUS. Bodianus. \ Ferca. Gen. 24. Perca. Jaws unequal, armed writh {harp-pointed and incurved teeth 5 gill-covers conhfting of three plates, of which the uppermoft is ferrated 5 gill-membrane feven- rayed, the lateral line following the arch of the back j the feales hard and rough ; fins fpiny; and vent nearer the tail than the head. jhiviatills. Common perch.—The fecond dorfal fin with 16 rays, of a brown olive, fometimes accompanied by a flight gilded tinge on the fides, and commonly marked by five or fix broad, blackifh, tranfverfe bars. This well known fiih ufually meafures from 10 inches to twm feet, and weighs from two to four pounds, though fome have weighed eight, nine, or ten pounds. The perch inhabits clear rivers and lakes in mod; parts of 'Europe, haunts deep holes In gently flowing rivers, fpawns early in fpring, is of a gregarious difpofition, very voracious, and fo tenacious of life, that it may be carried to the diftance of 60 miles in dry ftraw, and yet furvive the journey. It feeds on aquatic infefts and the fmaller fillies, and is preyed on by the pike, eel, &c. Its flefh is firm and delicate, and was held in re¬ pute at the table of the ancient Romans. In fome of the northern countries a fort of ifinglafs is prepared from the {kin. ducioperca. Sandre perch.—rX\\und on the coafts of Sardinia. Bonito mackrel.—Seven inferior finlets ; body marK pelaml^ ed on each fide by four black lines. Refembles the tunny, but is more {lender.. Frequents the Atlantic and tropical feas, perfecuting flying fifhes and other fpecies, and tormented in turn by internal worms Tunny.— Eight finlets above and below. Ufual length about two feet, but fometimes grows to eight, or even ten. The upper part of the body is of a dufky blue, and the abdomen filvery. The tunny is grega¬ rious, and inhabits the Mediterranean, Northern, In¬ dian, and American feas, preying with fiercenels on all kinds of fmaller filh, and perfecuting the mackrel and flying fifh. The Greeks and Romans admired its flefti, though rather coarfe, and eftabliftied their tunny- fiftieries on various parts of the Mediterranean coaft, where this fpecies is ftill taken in great quantities. The fmaller fifties are chiefly fold frefh, and the larger cut in pieces and faited. Scomber. /comber. * * Spurious finlets connate. Scad or Ihrfe mackrel.—Dorfal fin recumbent, la-irackunss* teral line marked. Length trom 12 to 1 8 inches. Na¬ tive of the European leas, and nearly equal to the com¬ mon kind in point of flavour. We forbear to enumerate feveral other fpecies which have been recently defined, but whofe hiftory is ftill very incomplete, and {hall terminate this abridged ac¬ count of the genus by the Pilot mackrel, or pilot fijh; gafierefieus duElor of auElcr? Linnseus.—Silvery blueifli, with four tranfverfe blue hands \ four dorfal fpines, and tail barred with black. Ifiength about 18 iijches ; general ftiape that of the , tunny, but the head much fhorter. Inhabits the Ame¬ rican and Indian feas, and has its name from often Iwimming near or before {harks, which, it is laid, it guides to its prey. Centroga. her. Gen. 29. Centrcgaster. Plead compreffed, fmooth •, gill-membrane generally feven-rayed •, body depreffed and fmooth ; fins fpiny •, ventral fins united by a membrane, which is fiunifti- ed with four acute fpines and fix foft rays. Brownijh centrogafier.—Brownifti, whitifti beneathjfufcefccni live of file Tnnanele fens. tail fomewhat forked. Native of the Japaneie feas. Silvery^ 96 I C H T H Thoracic Fiflies. argenta- tus. cquula. rhombeus. Silvery centrogafler.—Silvery, with a large brown fpot on the nape, and a blackifh one on the dorfal fin. Native of the Japanefe feas. Saddled centrogajler.—Finlets and dorfal fin connate. Native of the Arabian feas. Rhombic centrogajler.—Ventral fins one-rayed. Na¬ tive of the Red fea. Mullus. barbatus. furmule- tus. Trigla. cata- phracia. lyra. gurnardus Mr undo. Gen. 30. Mullus. Head comprefled, Hoping, covered with fcales ; eyes oblong, approximated, and vertical, with a militat¬ ing membrane 5 noftrils fmall and double 5 jaws and palate rough, with very fmall teeth ; tongue thort, narrow, fmooth and motionlefs ; gill-membrane three- rayed 5 gill covers confifting of three finely ftriated plates ; the aperture moderate ; body round, elonga¬ ted, red, with large and deciduous fcales. Redfurmullet.—Two cirrhi ; the body red. Length from 12 to 13 inches ; colour a fine rofe-red, with an olive tinge on the back, and a filvery hue towards the abdomen. It is found in the Mediterranean and north¬ ern feas, is very ftrong and ailive, and feeds principally on fmaller fidies, worms, and infeils. The Roman epi¬ cures expended large fums in purchafing this fifli for their tables ; contemplated, with inhuman pleafure, the changes of its colours, during its flow expiration ; and feafted on it with delight, when it was dreffed with rare and coftly fauces. Stripedfurmullet.—Two cirrhi, and light-yellow lon¬ gitudinal lines. Nearly refembling the preceding, and equally delicate as a food. Inhabits the Mediterra¬ nean, and is fometimes found in the Atlantic. The other fpecies are japonicus, auriflanvna, indi- cus, bandi, vittatus, tr jafciatus, bifafeiatus, maculatils, aureovittatus,, and imberbis. Gen. 31. Trigla. Head large, mailed, with rough lines ; eyes large, round, and placed near the top of the head ; gape wide, palate and jaws fet with'acute teeth ; noftrils double •, gill-aperture large ; cover confifting of one radiated aculeated plate ; gill membrane feven-rayed ; body covered with fmall fcales ; back ftraight, with a longitudinal furrow, fpiny on both fides ; lateral line near the back, ftraight ; belly thick *, ventral and pectoral fins large ; at each of the latter free and ar¬ ticulated finger-fhaped procefies. Mailed gurnard.—Double fingers, fnout forked, and elongated \ body mailed 5 length about 12 inches. Na¬ tive of the Mediterranean. Piper gurnard.—Triple fingers ; nofirils tubular 5 length from one to two feet ; bright rofe-red, filvery beneath. Native of the European feas ; confidered as an excellent fifli for the table. Gray gurnard.—Triple fingers j back marked with black and red ipots $ length of the preceding. Native of the European feas, and not uncommon about our own coafts. Feeds on teftaceous and cruftaceous animals, fpawns in May and June, and is good eating. Tub JJh, ox Japphirine gurnard.—Triple fingers, la¬ teral line aculeated. Size of the gray gurnard. Native of the European feas. Occafionally fprings out of the water to fome diftance. Y O L O G Y. Chap. IV. Flying gurnard.—Sextuple fingers, conne&ed by a Abdominal membrane. A highly lingular and beautiful fpecies, Fiflles- which inhabits the Mediterranean, Atlantic, and In- dian feas, where it fwims in (hoals, and frequently flies ^ l^ans' out of the water to a confiderable diftance. The Carolina, alata, minuta, cavil lone, pundlata, adriatica, pini, chabrontera, cuculus, lucerna, lincata, ajiatica, and cvolans, alfo belong to this genus. Gen. 32. Trachichthys. TncfcicU. Head rounded in front; eye large ; mouth wide, tooth-thys* lefs, defeending 5 gill-membrane furnifhed with eight rays, of which the four lowermoft are rough on the edges ; fcales rough j abdomen mailed with large carinated fcales. Southern trachichthys.—Mailed abdomen. The whole auflralis- of this curious fifli is ftrongly coated, and of a bright pink ferruginous colour. It is a native of the coafts of New Holland, and is minutely deferibed by Dr Shaw, in his Naturalifts Mifcellany, and in the fourth volume of his General Zoology ; a work from which we have derived much afliftance in the compilement of the pre- fent article. IV. ABDOMINAL. The fiflies of this order have the ventral fituated be¬ hind the pedtoral fins, or on the abdomen. They are moftly inhabitants of the frefli waters. Gen. 1. Cobitis. r ,... Cobitis, / Head fmall, oblong, and fcalelefs ; eye in the upper part of the head ; nape flat ; gill-membrane from four to fix rayed j gill covers formed of a Angle plate, fliutting clofe below ; body covered with mu¬ cus and fmall deciduous fcales, and variegated with bands and fpots, almoft equal 5 the tail towards the caudal fin being a little narrowed \ back ftraight, with a fingle fin ; lateral line fcarcely vifible } vent near the tail, and the tail rounded. Common or beardedloche.—Six beards • head fmooth, barhatula. and comprefled. About three inches in length 5 mouth fmall, toothlefs, and placed beneath. Common in clear rivulets in many parts of Europe. Lives on aquatic infects, worms, &c. Spawns in fpring, is very proli¬ fic, dies very foon after being taken out of the water, and even when placed for any length of time in ftill water. It is very delicate eating, but quickly lofes its fine flavour. Spiny loche, or the armed loche.—Six beards, a fpine tcenia. below the eyes. Refembles the preceding, and is found in various parts of Europe, concealing itfelf below ftones, feeding on worms, aquatic infefts, andthefpawn and fry of fifties. It is about five inches long, is tena¬ cious of life, utters a hilling found when handled, and is feldom eaten by man. Great loche.—Eight beards ; a fpine above the eye. fojilu. The largeft of the genus, inhabiting large lakes, and' marfhes in the midland countries of Europe- Reftlefs on the approach of ftormy weather. The other known fpecies are heteroclita and ja~ ponica. Gen. 2, Chap. IV. Abdominal Fiflies. Anableps. Gen. 2. Axaeleps. tetroph- thalmus. Amia. calva. Silurus. glanis. tfleciricus. afcita. Head fomewhat depreffed 5 mouth terminal j teeth fmall, and placed on the jaws ; eyes protuberant, with double pupils j gill-membrane fix-rayed. both edged with yellow. Inhabits the In¬ dian feas, and fometimes the adjoining rivers, particu¬ larly thofe of China and Japan. It is of a very poifon- ous nature ; and the emperor of Japan prohibits his fol- diers, under very fevere penalties, from eating it. The fceleratus is alfo reputed highly noxious. The other fpecies are lagocephalus, iineatus, hi/pidus, tejludlneus, fpengleri, honkenii, oblongus, Levigatus, Jlel- latus, pun&atus, meleagris, and rojlratus. Ciodon' Gen. 3. Diodon. Jaws bony, undivided j body befet with moveable fpines. hyjlrix. pQrcup ine diodon.—01 a fpherical form, with trian¬ gular fpines. Of a confderable fize, fometimes mea- furing two feet in lengths It pofleffes the power of in¬ flating and contrafting itfelf at pleafure, remarkable in- ftances of which property it is faid to exhibit when ta¬ ken with a line and hook. Its flefh is coarfe, though fometimes eaten by the inhabitants of the Weft-Indian iflands. atinga. Oblong diodon.—With round fpines. Nearly allied to the preceding, and confidered as poifonous. The remaining fpecies are denominated orbicularis^ plumieri, and liturofus. Cephalu?. Gen. 4. Cephalus. Jaws bony ; body terminating abruptly, fo as to refem- ble the head of a fifh. Short fun-fijh, or fhort diodon. Tetrodon mola of Linnaeus.—Body fuborbicular, very fhort and broad, terminating abruptly on the hind part, where it is edged by a fhallow fin. The general colour brown, with a filvery cafl on the fides and abdomen. Native of the northern feas, where it fometimes arrives at the length of eight or even ten feet, and to the weight of 500 pounds. Alfo a native of the Atlantic and Ethi¬ opian fea. It is faid to exhibit a ftrong phofphoric light during the night. The oblong is probably only a variety of this fpeeies, as La Cepede has obferved inter¬ mediate gradations between the two. The variegated is diflinguifhed by whitifh undulations and fpots j and the pallafian by its filvery hue, brownifh back, and fpiny carinated abdomen. Syngnathus Gen. 5. SYNGNATHUS. Snout fubcyllndrical, with terminal mouth j body lengthened, jointed, and mailed ; no ventral fins. actts. Great pipe-jijh, or longerpipe-fijh.—Caudal, anal, and pefloral fins radiated \ body hexangular. Generally from twelve to fifteen inches long, but fometimes from two to three feet •, of a very {lender form, and of a pale yellowifh brown colour, with broad alternate zones of a deeper brown. In fpring, as in others of this genus, the c-va appear in an appropriate channel at the lower part of the abdomen, and the young are excluded from them completely formed. Native of the European feas. The typhle, or fmaller pipe-fjh^ feems to be only a va¬ riety. hippocam* Sea-horfe> or fea-horfe pipe-jijh.—Tail quadrangular, pus. o L O G Y. ' Chap. IV. without a terminating fin ; body heptangular and tu- Cartilagi- berculated. General length from fix to ten inches jnous ^ieSa body much compreffed j colour greenifh brown, varied ' " v~" with darker and lighter fpecks. In its living ftate, the head and tail are carried nearly ftrait, but when dry or contracted, it refembles the fkeleton of a horfe. It is a native of the Mediterranean, northern, and Atlantic feas. Foliated pipe-jijh.—Blackifh olive, with white fpecks, and leaf-fhaped appendages. Thefe laft are fituated on very ftrong, rough, fquare fpines or procelfes attached to the back, tail, and abdomen, and give the whole animal a very grotefque and anomalous appearance. This curious fpecies is a native of the Indian feas ; but nothing particular feems to be known relative to its habits or natural hiftory. The ophidian, biacu/eatus, pelagians, cequoreus, and barbarus, require no particular defcription* Gen. 6. Pegasus. Pegafus. Mouth beneath, with a retraClile probofcis *, upper jaw elongated, denticulated, enfiform under the fnout and linear; gill-aperture fimple, placed before the pec¬ toral fins ; body com prefled, articulated with bony incifures, and covered with a hard cruft ; ventral fins placed behind the peftoral. Little or dragon pegafus.—Snout conical. Only JraC()n{St or four inches long, with large pe&oral fins, which enable it to fupport itfelf for fome moments in the air, when it fprings oecafionally over the furface of the wa¬ ter. Native of the Indian feas. Fly mg pegafus.—Snout enfiform and denticulated. Length three inches. Native of the Indian feas. Swimming pegafus.—Snout enfiform and unarmed. Length three or four inches; more flender than the preceding. Native of the Indian feas. Gen. 7. Centriscus. Centrifcus* Plead produced into a very narrow fnout; no teeth ; the lower jaw' longeft ; gill aperture waving ; body comprefled ; abdomen carinated ; ventral fins united. Mailed or fielded trumpet-fifh.—Back fmooth, withficutalus* a hard Ihield, like a thin plate ; eight inches long. Native of the Indian feas. Snipe centrifcus.—Body fealy and rough ; tail ftrait fcohpax. and extended. Smaller than the preceding. Native of the Mediterranean and Indian feas. Ranked among edible fifties. Light-armed centrifcus.—Half-ftiielded, filvery, with velitans. fubrecumbent dorfal fpine. Length about twm inches. Native of the Indian feas. Gen. 8. Baeistes. Bdiftar. Head compreffed, and an apparent continuation of the trunk, in fome fpecies, armed with a fpine between the eyes ; mouth narrow ; eight teeth in each jaw ;• the twro foremoft longer than the reft ; three interior teeth on both fides, refting againft as many lateral ones ; gill-aperture narrow, above the peftoral fins; gill-covers wanting ; gill-membrane two-rayed ; body compreffed, carinated on the fides, with feales growl¬ ing on the fkin, and rough with lharp prickles. Moft Chap. IV. I C H T H Cartilagi- Mod of tlie fpecies of tills genus are natives of the nous Fifties. Indian and American feas. They can in fome degree, ' " "v inflate their abdomen by means of a ftrong bone, rough with fmall prickles, which lies under the Ikin. They feed on other fiflies. Some of them are very large, and fome remarkable for the brilliancy and variega¬ tions of their colours. In general, they are reckoned poifonous. tnonoce- Unicorn file-fifh.—A fin of one ray on the head 5 ros. rays of the caudal fin carinated. The body is of an oval form, from one te two feet long, and covered all over with very minute fpines. The general colour is gray, inclining to brown on the upper parts, and varied with irregular wavings and fpots. Juft above the eyes is a Angle fpine of confiderable length, a little recurved, and ferrated on the hind part. Its food chiefly confifts of cruftaceous and teftaceous animals. caprifcus. Mediterranean jile-Jifh.—Violet-gray, with red or blue variegations, Angle ventral fin, and rounded tail. Length of the preceding, and (hape ovate. Almoft the only fpecies found in the European feas. The rays of the firft dorfal fin are fo continued as to aft in concert with confiderable force in raifing the fin at the pleafure of the animal. Wtula. Ancient jile-fifh, or old 'ivife.—Firft dorfal fin three- rayed, ventral fin longitudinal ; caudal bifid. Length from one to two feet, or more \ general colour yellowifh- olive, paler beneath. Several blue ftreaks on the front and cheek, and fome tranfverfe and longitudinal ftrips on the body. This fpecies is fuppofed to have obtain¬ ed its name from the mouth, when viewed in front, or from the flightly murmuring noife which it utters when firft taken. undulatus. Undulated file fifh.—Black, but waved by oblique Cyclcp- terus. him pus. red lines. Obferved about the ftiores of Sumatra by Mr Mungo Park. The other forts defcribed by the moft recent ichthy- ologifts are, hifpidus, tomentofusj&papillofus, chinenfis, rmgens, hturofus, lcvvisy fonneratii, bicolor, virefcens, fafciatus, unimaculatus, cinereus, maculatus, aculeatus, verrucofus, biaculeatus, forcipatus, Jignatus, punclatus, capiflratus, hleinii, curaffavius, and ajjhji. Gen. 9. CycLOFTERtrs. Head obtufe ; mouth Handing forward ; tongue fhoft and thick ; jaws armed with fmall fliarp teeth 5 gill- membrane four-rayed ; gill-cover of one plate $ body fhort, thick, and fcalelefs j ventral fins united into an orbicular membrane. Lump fucher, lumpfijh, fea-owl or cock-paddle.— Body angulated, with bony tubercle $ grows to the length of 19 inches, and to the weight of feven pounds. It is of a deep and very thick ftiape, and fwims edge- wife } the back is (harp and elevated, and the belly flat. there are four rows of large tubercles, and the whole fkin is rough with fmaller ones. On the upper part of the back is a thick ridge, deftitute of fpines. Beneath the peftoral fins is an oval aperture, furround- ed with a flelhy mufcular fubftance, edged with fmall filiform proceffes, which aft as clafpers. By means of this organ it adheres very ftrongly to any thing it pleafes. The belly is of a bright crimfon colour. In¬ habits the northern, American, and Indian feas. I)e- pofits its orange-coloured ova near the fhore in April VOL. XI. Part I. Y O L O G Y. xo and May. The Greenlanders boil the roe, which is Cartilagi- very large, and eat both it and the fifh. In England,“ous the latter is fometimes ftewed, but is flabby and infipid. The lump fuckers are frequently devoured by feals, which leave the fkins } numbers of which, thus emptied, may often be found in the fprtng, along thofe diltrifts of fhore which are frequented by this (pecies. “ It is eafy, (adds Mr Pennant), to diliinguifti the place where feals are devouring this or any unftutms fifh, by a fmoothnefs of the water immediately above the ^pot.,, The pavoninus, or p/ivonian fucker, agrees with this fpecies in all particulars, except fize, and is, therefore, probably only a variety. The gibbofus of Willoughby, ^ or pxjramidal fucker, feems alio to belong to the fame fpecies, and to be diftinguifhed only by the pyramidal elevation of the back. Small fucker.—Body naked •, fnout marked above the mouth by three tubercles. A very fmall fpecies, which inhabits the Atlantic ocean, and feems to be allied in habit to the common lump-fifh. The body is comprefs- ed, of a whitifh colour, and has two white unequal tu¬ bercles on each fide. UnBuous or fnailfucker.—Body naked •, dorfal, ainal,7z/»«m. and caudal fins united. The length varies from five to eighteen inches. The fliape is elongated, thick, com- prefl'ed j the (kin thin and lax, and covered with a vif- cid humour, like a fnail. It is brownifh, with darker ftripes above, white beneath, and flightly yellow on the head and fides. It inhabits the northern feas, and fometimes afcends rivers. Cornifh or jura fucker, or lejfer fucking-ffh.—Of a cornuli- purplilh brown colour, with lengthened front. AboutfW/£r. four inches long ; Ikin without fcales, and flippery. Native of the European feas. Found by Dr Borlafe on the coaft of Cornwall, and by Mr Pennant in the found of Jura. Bimaculatedfucker.—Body without fcales ; peftoral bimacula- fins placed very high ■, a round black fpot on each fidfe;ftJ.# of the ventral membrane. About an inch and a half long 5 the colour of the head and body fine pink. In¬ habits the fea about Weymouth. The remaining known fpecies of this genus are, den- tex, gelatinofus, ventricofus, lineatus, and bifpinofus. Lophius, Gen. 10. Lophius. Head depreflfed ; many (harp-pointed teeth •, tongue broad, and armed with teeth *, eyes on the upper part of the head ; noftrils fmall *, gills three ; one lateral aperture ; peftoral fins placed on the long ^ branchiae •, dorlal and anal fins oppofite, and near the tail *, body fcalelefs, covered with a thin and lax fkin ; Vent in the middle ; no lateral line. The fiftres of this genus are of a Angularly uncouth appearance ; the body being thick and fhapelefs j the head exceffively large, and the fins fliort and broad. European or common angler, f ogf/h, toadffb, h:r.,nlr fifhing frcg, fen-devil, &c.—Deprefied •, head rounded.).^ The ordinary length of this fpecies is from two to four feet, though it fometimes meafures fix or even feven feet. Its form refembles that of a tadpole. The fkin of the trunk is fmooth, but that of the upper parts marked by various inequalities. The eyes are large and whilifh $ the lower jaw is confiderably longer than the upper. Two or three long thread-like procefles O* ic6 Cartilagi¬ nous Fi fhcs hijirio. Accipenfer. Jlurio. i c H T h y proceed £rom tlie upper part »of tlie head, and Tome fhorter ones from the back, while the edges of the body are fringed at intervals with (liortcr appendages of a fomewhat limilar nature. The upper furface is brown, with deeper or pale variegations, and the under furface whitifh. The frog-fifli inhabits the European Teas j fwims flowly j lies in ambufh, in (hallows, half- concealed by fea-plants or mud, and decoying its prey by moving its worm-like procefles. It feeds on the dog-fifh and fmaller fiflres. The cornubicnjis, cor nip, ox long angler, ox JiJlnng.frog of Mount’s bay, deferibed by Borlafe and Pennant, is fo nearly allied to this that it may be regarded as only a variety. Harlequin angler, ox American toad-fifh.—Compreffed j of a yellowHh brown colour, with irregular blackilh fpots, and beards on the head and body. This, which is one of the moft grotefque and Angular of fillies, is a native of the Indian and American feas, growing to the length of ten or twelve inches, and in manners re- fembling the European angler. The other fpecies are, muricatus, vefpertiho, fnatus, piclus, marmoratus, and commerfonh. Gen. ii. Accipenser. Head obtufe; mouth placed under the head5 retractile, toothlefs j four beards under the fnout and before the mouth. The AAies of this genus are among the largeft of the tribe. They are all inhabitants of the fea, though fome occaAonally afeend rivers in great Aioals. All the fpecies are large, feldom meafuring, when full grown, lefs than three or four feet in length. Their AeAi is reckoned delicate and nutritious 5 and they form a very conAderable article of commerce on the banks of the Cafpian fea, and many parts both of Europe and Ame¬ rica. They feed principally on worms and other Alh. Common furgeon.—Snout obtufe ; the tranfverfe di- fyneter of the mouth equal to the longitudinal j the beards on the fnout near the end of it j lips biAd. Of a long, flender, and pentagonal 'form, attaining fome- times to eighteen feet in length, and weighing five hundred pounds, ihe whole length of the body is covered by Ave rows of large, ftrong, and bony tuber¬ cles, rounded at the bafe, radiated from the ^centre, and terminated above by a ftiarp curved point in a re- verfed direaion. The whole Ikin, on the upper parts and Ades, is alfo roughened with very fmall tubercles of a Amilar ftruftore. The general colour is cinereous above, and whitilh or yellowilh beneath. Though gene¬ rally a fluggilh Alh, it fometimes fpringsout of the wa¬ ter with great force. It feeds on Alhes, particularly the herring, falmon, mackrel, and coal-AAn It fpawns in fpring, and is amazingly proliHc, Lewenhoeck having found in the roe of one of them I 50,000,000,000 ova ! It inhabits the ocean, the Mediterranean, and the Red, Black, and Cafpian feas, efpecially fuch parts of them as are not remote from the aeftuaries of large rivers, which they occaAonally afoend in great multitudes. In fome of the rivers of Virginia they are fo numerous that Ax hundred have been taken in two days merely by a pole, with a ftrong hook Axed to the end of it. The AeAi is very delicate, white, and Arm, and when roafted, is faid to referable veaL In this country it is nfually ferved in a pickled ftate, being imported from CLOG Y. Chap. IV. America and the Baltic. It is foraetimes, however, Cartilagi- taken in our rivers in the falmon-nets. The flurgeon nous ^flie!i; was a AAi in high repute with the Greeks and Romans, and according to Pliny, was brought to table with much pomp, and ornamented with flowers, the (laves who carried it being alfo ornamented with garlands, and accompanied by mufle. Caviar is made of the dried and failed roe. The Ikin makes a good covering for carriages. Sterlet fturgeon.—Brownilh, with the Ades fpotted ruihenus* with pale red, and the body Ihielded above by a triple feries of.tubercles. The fmalleft and moft delicate fpecies of the genus. Native of the Cafpian fea ; found alfo in the Volga and Ural, and occaftonaljy in the Baltic. In feafons when this Alh happened to be unuiually dear, Prince Potemkin paid three hundred rubles for a Angle tureen of fterlet foup, which formed the mere prelude to his repaft. Ifnglafs f urgeon, or beluga.—Snout very obtufe,//w/S. tranfverfe diameter of the mouth lefs than the longitu¬ dinal ; beards near the mouth; lips not cleft. Larger than the common fpecies, and fometimes meafuring 25 feet in length/ The tubercles are fmaller than thofe of the furio, and feem to fall off with age. In¬ habits the northern, Cafpian, and Mediterranean feas- lAnglafs is prepared from its found or air-bladder, and an inferior fort from the Ikin, tail, ftomach, and intef- tines. See Ichthyocolla. To thefe may be added fchypa, zn&fellatus ; the Arft perhaps only a fmaller variety of furio, and the latter diftinguiAied by the ftar-like marks on its head. Gen. 12. CHIMYERA. Cbimasra. Head (harp-pointed ; fpiracles folitary, in four diviAons under the neck 5 mouth under the head \ upper lip with Ave diviAons j fore teeth like cutting teeth, two in each jaw 5 body long, with a Angle fpine on the back •, the tail ending in a briftle, and longer than the reft of the body. Sea monfer, northern chimeera.—Punftured folds be- monfroJa^ low the fnout. A Angularly grotefque fpecies, inhabit¬ ing the northern and Atlantic ocean ; frequenting the deeped receffes, preying on fmaller Afties and mollufca and teftacea ; and rarely approaching the (bore, except during the breeding feafon. It is from three to four feet long, of a lengthened and compreffed form, tapering to the tail, which is produced into a long and (lender Alament. The head and eyes are very large •, and at the bafe of each ventral An, in the male, is a lengthen¬ ed procefs, rough with numerous (harp prominences in a reverfed dire&ion. The whole body is of a yellow- brown above the lateral line, and of a bright Alvery colour beneath it, variegated with numerous irregular deep brown or blackiAi fpots and patches. Its Aefti is conAdered as coarfe and uneatable. Elephant fp, or fouthern chimeera.—Snout produced beneath into an inAe&ed lip. Native of the fouthern c/foj. feas. Gen. 13. SqUALUS. Squalus. Head obtufe, from four to feven femilunar fpiracles on the Ades of the neck j eyes oblong, half covered, placed before the temporal opening * mouth in the under part of the head, armed with feveral rows of ferrated ICHTHYOLOGY. Cartilagi !ous Fifties !hap. IV. ferrated fliarp-pointed teetli, fome of which are move- able, feme fixed, and of different forms; body ob¬ long, round, rough, with (lender prickles ; ventral fins, for the mod part, lefs than the pe&oral, clofe, placed about the vent, and in the males about the organs of generation. The animals which compofe this tribe are entirely marine, and more frequent in the hot than in toe tem¬ perate climates. In general they are folitary, and often wander to great diftances, devouring almoft every thing that comes in their way, and that they are capable of fwallowing. Some of them will follow veflels feveral hundred leagues for the carcafes and offals. They fometimes attain to an enormous fize, as they often weigh from one to four thoufand pounds each. Some few fpecies are gregarious, and live on the mollufca and other marine worms. They are ail viviparous, and like the rays, protrude their young in pellucid horny cafes, terminated at the four corners by long, (lender filaments, and which are generally found twifted round corallines, fea-weed, and other fixed fubftances. 1 heir fle(h is fo tough, coarfe, and unfavoury, that even the young are hardly eatable. Their bodies emit a phof- phoric light in the dark. Canicula. Panther Jhark, greater or /potted dog/JJj.—Nof- trils furrounded by a fmall lobe, and a vermiform ap¬ pendage, ventral fins feparated. Three or four feet long •, brownifh, with red or black fpots ; body cylin¬ drical, but eompreffed at both extremities ; (kin rough, and when dried, ufed for policing and other purpofes. Inhabits the fea almoft everywhere. The female breeds frequently, and brings about nineteen young at a timei ttalulus. Spotted fiarh, or lej/er /potted dog//h. No ft r i 1 s fur- rounded by a fmall lobe and a vermiform appendage ; ventral fins united. Length from two to three feet. Colour pale brick-red, with very numerous fmall duiky fpots. Very common in the European feas, very vo- „ racions, and a great annoyance to the fifiiermen. Ac¬ cording to Pennant, it breeds from nine to thirteen at a time. Its liver is faid to be highly noxious, inducing long continued ftupor, fucceeded by an univerfal itch¬ ing and lofs of the cuticle. galeut. Tope.—Teeth nearly triangular, and denticulated on the upper margin. Grows to five feet or more, is round and elongated, and often weighs upwards of 27 pounds. It is of a lighter or darker cinereous hue above, and whitifh below. It fmells very rank, and is fo bold as to purfue its prey to the very edge of the (bore. It inhabits the European ocean, and is fre¬ quently feen about the Britifh coafts. %ygcene. Hammer-headed [hark, or balance-//).—Head very broad and tranfverfe, fomewhat in the (hape of a ham¬ mer. This deformed fpecies meafures from five to fif¬ teen or feventeen feet. The body is rather (lender, and fomewhat cylindrical the head dilated on each fide to a great extent, with the eyes which are very large, placed at each extremity. It is brown above, and paler, or whitifh beneath. Native of the Medi¬ terranean and Indian feas, where it attacks fuch as are accidentally expofed to its fury, or are incautioufly bathing or fwimming in its neighbourhood. The na¬ tives of Otaheite, trufting to their dexterity in fwim¬ ming, appear to hold it in contempt. IO7 Heart-headed Jhark.—Head very broad and heart- Cartilagi- fhaped. In other refpeas greatly allied to the preced-1;0^^1^; ing, but is much more rare, and chiefly inhabits the tj(}UrQt South American feas. Blue Jhark.—Sides of the tail fmooth, a cavity on g/aucus. the back of the tail. Of a more (lender and elegant (hape than the other fpecies, meafures from ten to four¬ teen feet, is of a blue-green above and white be¬ neath. It is very bold and voracious ; inhabits the European feas, and frequents feveral of the Britilli coafts, efpecially thofe of Cornwall during the pilchard feafon. _ ,. Porbeagle/ark.— A longitudinal fold on each fide^™^ of the. tail. Length from three to eight feet ; draper- round, except near the tail, where it is deprefled j co-. lour deep on the back, and white or filvery beneath. Inhabits the fea about Cornwall. The manen/uy or Beauman's Jhark of Pennant, is now regarded only as a variety of cornubicus. Ba/ing /ark.—With conical teeth, not ferrated. maximum, Body (lender, and from three to twelve yards in.kngth, of a deep lead colour above, and white below. The upper jaw is blunt at the end, and much longer than the lower. The mouth is. furnilhed with a great mul¬ titude of fmall teeth, of which thofe in front are much bent, and the remote ones conical and (harp pointed. It has two dorfal, two peftoral, two ventral fins, and one finall anal fin. This fpecies inhabits the northern feas, and derives its name from its propenfity to lie on the furface of the water, as if to balk in the fun, gener¬ ally on its belly, and fometimes on its back. It feeds on fea-plants and medufae, and betrays none of that fe¬ rocity of difpofition which characlerizes moft of the (hark tribe j on the contrary, it feems fo little afraid of mankind, as often to fuffer itfelf to be patted and ftroked. Thefe animals frequent our feas during the warm fummer months, and appear in (hoals on the Welfti and Scottifti coafts, after intervals of a certain number of years. They are obferved in the frith of Clyde and among the Hebrides in finall troops of feven or' eight, or more commonly in pairs, about midfum- mer, and difappear about the latter end of July. They fwim very deliberately, and generally with their upper fins above water. Sometimes they may be feen fporting among the waves, and fpringing feveral feet above the furface. They are purfued and taken by the fiftiermen for the fake of the oil contained in the liver ; that vif- cus fometimes weighing a thoufand pounds, and yield¬ ing eight barrels of oil, and two of ufelefs fediment. When purfued, they do nofc quicken their motion till the boat is almoft in contaft with them, when the har- pooner ftrikes his weapon into the body, as near the gills as he can. Sometimes they remain in the fame place till the united (Length of two men is exerted to force the inftrument deeper. Then they plunge head¬ long to the bottomland frequently coil the rope round their bodies, and endeavour to get rid of the harpoon by rolling on the ground. Difcovering that thefe ef¬ forts are vain, they fwim with fuch (Length and rapi¬ dity, that one inftance has occurred of a bafking (hark towing to fome diflance a veffel of 70 tons burthen, againft a frelh gale. They fometimes run off with 200 fathoms of line, and two harpoons in them, and will employ the men from 12 to 24 hours before they are fubdued. A large fik has afforded the captors a pro- ioS Cartilagi¬ nous Fillies.. tarcha- rms. priJUs* acanthias. Jcualina* I C H T H Y O L O G Y. fit of 20 pounds. “ A male of this fpecies (fays Dr Shaw) was taken in the year 1801, at Abbotfbury in Dorfetftiire, entangled in a filhing feine, and after a violent refiltance, was dragged alhore. It is faid to have received 17 mulket-balls before it expired \ its length was 28 feet, and its circumference, in the thick- eft part about 20 feet 5 its tail, from point to point, near eight feet ; the teeth, according to its proprietor, who took the pains to count them, amounted to the number of four thoufand.” The fkin makes excellent fhagreen. WhiteJharli.-—Triangular ferrated teeth. This fpe- eies, fo remarkable for its powers of deftruftion, is a native of moft feas, but occurs more frequently in the warm than the cold latitudes. It arrives at the length of more than 30 feet, and is rather thicker and broader than moft of its congeners. The mouth is very wide, and furniftied on the margin of each jaw with from three to ftx rows of ftrong, flat, triangular, lharp point¬ ed, and finely ferrated teeth, which can be railed or depreffed at pleafure. The general colour of the ani¬ mal is a pale alh, darker or browner on the upper parts. So great is the ftrength of the tail, that a young ihark of fix feet in length, is able by a ftroke of this part to break a man’s leg j hence it is ufual for failors to cut off the tail the inftant they drag a Ihark on board. Gillius quotes a fpecimen which weighed four thoufand pounds, and another in W’hofe belly was found an entire human body j and Muller afferts, that in one taken at the ifle of St Margaret, there was found a horfe which had probably been throwrn overboard from fome (hip. The fize of the foffil teeth of this fp ecies, fo often found in the ifle of Malta, &c. affords a con¬ vincing proof of the ^enormous fpecimens which have once exifted. Sharks are the dread of failors in all hot climates, where they conftantly attend the (hips, in ex¬ pectation of what may drop overboard j and a man who has that misfortune is almoft inftantly devoured. In the pearl-fifheries of South America, every negro, to defend himfelf againft thefe animals, carries with him into the wrater a {harp knife, which, if the filh offers to affault him, he endeavours to ftrike into its belly, on which it generally fwims off. The officers who are in the veffels keep a w'atchful eye on thefe voracious creatures, and on difeovering them, (hake the ropes faftened to the negroes, to put them on their guard. Many, when the divers have been in danger, have thrown themfelves into the water, with knives in their hands, and haftened to their defence : but too often all their dexterity and precaution have been of no avail. Saxv-Jnouted Jhark, or fawJiJh.—With a long flat fnout, fet with teeth on both fides through its whole length. Inhabits the fouthern and northern oceans, grows to fifteen feet in length, and is readily diftin- guiffied by its produced and faw-like fnout, which is often preferved in mufeums. Picked/hark, or picked dog jifh.—Dorfal fin fpinous ; body fomewhat round. Length from three to four feet} colour brownilh alh above and white beneath; rough, with minute prickles, hooked backwards. Common in the European feas, efpecially about the coafts-of Scot¬ land and Norway. When fplit and dried, it is eaten by the common people. Angel-Jhark) or angel-jijh.—Peftoral fins very large a Chap. IV. and emarginated before. A deformed fpecies, with Cartilagi- large head and peftoral fins, and depreffed body, attain-nous Fiih.es, ing to fix or eight feet in length. It is a native of the 'r~mJ European feas, and is extremely voracious, fierce, and dangerous. It produces twelve or thirteen young at a birth. The other known fpecies of this genus are vulpes^ JlclIariS) mujleluS) fpinax, centrina, philippinus, cinereus, fpinofus, ijabelict) cirrhatus, barbatus, africanus, ocel- latm, grfeus, americanus, fqitamojus, denticu/atus, punc- tulatus, %ebray gronovianus, tentacu/atus, and Jemi fagit- tatus. Gen. J4. SPATULARIA. Spatularia. Spiracles fingle on each fide of the neck, concealed by a large gill-cover; fnout produced, and lhaped like a fpatula ; mouth beneath the head, large, and fur- niffied with ftiarp ferrated teeth. Reticulatedfpatularia.—Inhabit and appearance this reticulate, remarkable fpecies is allied to the (harks, but dif- tinguiffied by its thin fnout, of the form of a fpatula, and nearly equal in length to the whole remainder of the animal. Its hiftory and manners are very imper- feftly known. Gen. 15. Raia. Raia, Spiracles on the under part of the neck, ten on each fide, oblique ; mouth under the head, finall, acumi¬ nated, as if continuous with the breaft, tranfverfe and dentated ; body thin, depreffed, and of a rhom¬ boid figure. The fpecies of this genus are entirely confined to the fea, and, being deftitute of an air bladder, live chiefly at the bottom, generally in deep water, covering them¬ felves in winter in fand or mud. They live on Ihell- fiih, or other animal fubftances that fall in their way. Some of them become of a fize fo large as to weigh tw » hundred pounds and upwards. They feldom produce more than one young at a time, which, as in the ffiarks, is inclofed in a four-cornered capfule, ending in {lender points, but not, as in the former, produced into long filaments. The liver is large, and often produces a great quantity of oil. They are moftly edible. Torpedoy torpedo ray, cramp ray, cramp jijh, &c.— torpedo* Wholly fmooth. The body of this fpecies is of a fome¬ what circular form, llightly convex above, marked along each fide of the fpire by feveral fmall pores; about eighteen inches or two feet in length, and for the moft part of a pale reddilh brown on the upper furface* fometimes marked by five large circular and dulky fpots, and whitifli or fleffi-coloured beneath. It inha¬ bits moft feas, but feems to thrive beft in the Mediter¬ ranean, ufually lying in water of about forty fathoms depth, in company with fome of its congeners. It preys on fmaller filh, which it is fuppofed to ftupefy by its ele&ric or galvanic faculty. This property, which has been fo much exaggerated both by ancient and mo¬ dern writers, is neverthelefs, fufficiently remarkable. From fome experiments which were made by Mr Wallh on a very flout and healthy filh, it appears that no {"park could be difeovered to proceed from it, and that pith- balls were never found to be affefted by it. When in¬ flated, it gave a fliock to perfons who were likewif infulatedj. Chap. IV. Cartilagi- infulated, and even to feveral who took hold of each nous Fifties. hands j this it did forty or fifty times fucceflive- an(^ wjth very little diminution of force. If touch¬ ed only with one finger, the (hock was fo great as to be felt with both hands. Yet the animal was not able to tranfmit the (hock acrofs the minuted: traft of air, nor from one link of a (mall chain freely fufpended to another, nor through an almoft inviiible feparation made by a penknife" in a flip of tin-foil palled on feal- ing-wax. bans. Skate.—Back fmooth in the middle, with one row of fpines. Common in the European feas. I he general colour on the upper parts is a pale afh-brown, varied with feveral dufky undulations, and of the under parts white, marked with numerous diilant black (pines. In the male, the pe&oral fins are bent towards their tips or edges with numerous fmall fpines. In October, the fkate is ufually poor and thin, but begins to improve in November, and is reckoned to be in the higheft per- feftion in May. Willoughby makes mention of a fingle fkate of two hundred pounds weight, which was fold in the fi(h market at Cambridge to the cook of St John’s College in that univerfity, and was found fufficient to dine the whole fociety, confiding of more than 120 perfons. oxyrin- Sharp-nofed ray.—Ten aculeated tubercles along the chus. middle of the back. In (hape, refembles the preced¬ ing, but has a longer and (harper fnout in the form of a fpontoon. Native of the Mediterranean and northern feas. n&raletus. Mirror ray.—Back and belly fmooth j fpines at the region of the eyes, and a triple row of them at the tail. Each of the peftoral fins is marked about the middle, or near the body, with a large circular, eye-fhaped fpot, confiding of a purplilh or dufley circle, with a whitilh or yellowifh centre. Inhabits the Mediterranean. t'ubus. Rough ray.—One row' of prickles on the back, and three on the tail. Greatly allied to the thorn-back j and rough, with many fpines. Inhabits the Mediter¬ ranean and other feas. pajlinaca. Sting ray.—Body fmooth *, long ferrated fpine on the fore part of the tail ; no dorfal fin. Shape fome- what rhomboidal ; fnout pointed ; colour of the body yelknviih olive above, and whitifh beneath. With its long flattened fpine, which is finely ferrated in a reverfe diredlion on both fides, it is capable of inflicting very fevere wounds. As it is annually cad, the new' fpine fometimes arrives at a confiderable fize before the old one drops off, in which date the animal has been occa- fionally deferibed as a didinft fpecies. Though form¬ erly fuppofed to contain a very aftive poifon, this wea¬ pon is found to be wholly deditute of any venomous quality. Inhabits the European, Red, and Indian feas, and is ranked among the ediblfe rays. Thorn-back.—Prickly ; teeth tuberculated 5 a tranf- clavata. verfe cartilage on the abdomen. Refembles the com¬ mon Ikate, but is fomewhat broader in proportion, and is eafily didinguiihed from it by the very drong curved fpines with which its upper furface is covered. It is an inhabitant of the Mediterranean and other feas, and edeemed as a food. The thorn-back begins to be in feafon in November, and continues fo later than the ikate ; but the young of both are good at all times of the year. To complete the fpecific catalogue of this genus, we iocy have to add fullonica, eglanteria, acus> nigra, pifla, tin- Cartilagi- dulata, aiba, marginal a, chagnnea, aquila, guttata, faf- n‘ms ^1 ies; data, lymna, cuculus,fephen, tuberculata, poecilina, dia- bolus, manatia, giorna,fabroniana, ban hji anajunbriata, maculata, bicolor, fmenfis, rhinobatos, thouiniana,. djid- denjis, and cuvien. Gen. 16. PETROMYZON. Petroaio- zon. Head more (lender than the body j mouth larger above than below •, teeth orange-coloured, hollow within, furrounded with a (le(hy rim, curved above,, broad below •, feven (piracies at the fides of the neck ; a fidulous opening at the back part of the head; no peftoral or ventral fins. Lamprey, great lamprey, or fca lamprey.—Mouth mannas,. within covered with papillae ; the hinder dorfal fin fe- parate from the tail. In general appearance, approaches nearly to the eel tribe, efpecially to the muroenae. Though it fometimes exceeds three feet in length, the BritHh fpecimens are ufually of inferior fize. Its gene¬ ral colour is a dull brownilh olive, clouded with yel- lewifli white variegations ; the fins are tinged with dull, orange, and the tail with blue. On the top of the head is a fmall orifice for the difeharge of the fuperfluous water taken in at the mouth and gills. Among the car¬ tilaginous fiflies, none is fo deftitute of all appearance of real bone as the lamprey, in which, the fpine itfel£ is no other than a mere foft cartilage, w ithout any pro- ceffes or protuberances. The heart, inftead of being inclofed in a foft pericardium, as in other animals, is guarded by a ftrong cartilaginous one ; and the liver is of a fine grafs-green colour. It inhabits the ocean, and afeends rivers chiefly during the latter end of winter and the early months of fpring. It is viviparous *, and the young are of flow growth. Though capable of fwimraing with rapidity, it is more commonly feen at¬ tached by the mouth to fome large (lone or other fub- ftance, and that with fuch power of adhefion, that a weight of more than twelve pounds may be raifed with¬ out forcing the fi(h to forego its hold. It is fuppofed: to live principally on worms and young fi(h. Like the eel, it is remarkably tenacious of life, the feveral parts, when cut in pieces, continuing to move, and the head' ftrongly attaching itfelf for feveral hours to a Hone, though by far the greater part of the body be cut away from it. “ As an article of food, (obferves Dr Shaw), the lamprey has for many ages maintained its credit as on exquifite dainty y and has uniformly made its appear¬ ance at the mod fplendid of our ancient entertainments. The death of King Henry I. it is well known, is at¬ tributed to a too luxurious indulgence in this his fa¬ vourite di(h. It dill continues to be in high edeem j and w'e are told by Mr Pennant, that the city of Glo- ceder continues to fend yearly, at Chridmas, a prefent of a rich lamprey pye to the king. It fometimes hap¬ pens that the lampreys at that feafon are fo rare, that a guinea is demanded for the price of a fingle fidi. They are mod in feafon during March, April, and May, and are obferved to be much more firm when fre(h arrived from fea than when they have been a confiderable lime in frefh water. They are found in feveral of the Bri- ti(h rivers, but that which is mod celebrated for them is the Severn.” LeJJer lamprey, or lampern,—The hinder dorfal fin\Jlimatills, angulated. I C H T H Y O L O G Y. no I C H T H Cartilagi- angulated. From 10 to 15 inches long ; the back nous liQies. [-)rowi-1 or fometimes clouded, or mived with blue ; the upper part of the body marked by numerous annular lines, and the whole under fides filvery. In¬ habits the fea, and afcends, in fpring, mold of the Eu¬ ropean rivers, in which it is found much more frequent¬ ly and plentifully than the great lamprey. It is often potted with the latter, and by fome preferred to it, on account of its milder tafte. The Dutch purchafe vaft quantities of this fpecies as bait for their cod and tur¬ bot fhheries. In the river Baufter, in Courland, great quantities are taken from beneath the ice, with nets ; they are much larger than thofe found elfewhere, and are packed in fnow, and fent to any diftance 5 and, when put into cold water, recover themfelves. This fpecies is fo tenacious of life, that itwilllive many days out of the water. hranchia- Minute lamprey or pride.—The hinder dorfal fin li- Us, near j the lips behind lobated. Has a w'orm-like ap¬ pearance ; meafures from four to feven inches in length j is not obferved to adhere to other bodies j inhabits the European rivers, and is more frequent in the Ifis than elfewhere, in England. The remaining fpecies are planeri, ruber, fanguifugay argenteus, plumbeus, and bicolor. Galtro- branchus. Gen. 7. GastRobranchus. Body eel-fhaped \ mouth beneath, with numerous peftinate teeth j two fpiracles beneath the abdo¬ men. ceecus. Blindgajlrobranchus. Myxin eg lu tin of a, Lin.—Livid, paler beneath ; with eight beards at the mouth. Re¬ moved to the clafs of fifties, in confequence of Dr Bloch’s accurate examination of its external and internal ftruc- ture. In general appearance, in the fituation of the mouth, and in the orange colour of the teeth, it ap¬ proaches very near to the lamprey. But it is remark¬ able for the total want of eyes, no veftige of any fuch organ being difcoverable by the molt attentive exami¬ nation. The body is deftitute of fcales, lateral line, and fins, except that (hallow one which forms the tail. Beneath the body, from head to tail, runs a double row of equidiftant pores. The fpiracles, which are a pair of oval apertures, are fituated beneath the body, at fome diftance from the head. This lingular fpecies is faid to enter into the bodies of fuch fifties as it happens to find on the filherman’s hooks, and which confequently have not the power of efcaping its attack, and by gnawing its way through the fkin, to devour all the internal parts, leaving only the bones and the Ikin remaining. Such is its uncommon glutinous nature, that, if put in¬ to a large veffel of fea water, it foon renders the whole fo vifcid, as eafily to be drawn out into the form of threads. It inhabits the northern feas, and feems alfo to occur in thofe of the fouthern hemifphere. (ktnbeyi. Dombeyan gaftrobranchus.—Head tumid. Much larger than the European fpecies; the head rounded, and larger than the body ; four beards on the upper lip, the number of Uiofe on the lower uncertain, the fpecimen being defcribed in a dried ftate. Eyes and noftrils imperceptible. Native of the South Ame¬ rican feas. Obferved by M. Dombey, and defcribed by La Cepede from the dried Ikin in the Paris mu- feu m. 4 Y O L O G Y. Chap. IV. Before we conclude this article, it may be proper to Naturali- direft the reader’s attention to M. Nouel’s paper rela-zat!0,n> &c' tive to two methods of multiplying fifties. The firft con- .ot fills in conveying from the lakes to the rivers, and from the rivers to the lakes, fifli found only in one of them; the fecond, in introducing into frefti water, as it were infenfibly, and by means of artificial ponds, fifti produ¬ ced in fait water, giving the preference to thofe fpe¬ cies, which, by their habits and manner of living, might be moll adapted to this kind of naturalization. The firft of thefe methods has been fuccefsfully prac- tifed in Germany, with regard to the Iliad, in ponds and clear ftagnant waters, with a bottom of fand or gravel. Perch and trout have, in like manner, been conveyed into lakes and rivers in Scotland, and have thriven remarkably well. The carp, wdiich afteifts a warm temperature, has been fucceffively introduced In¬ to the rivers and ponds of Pruflia, Denmark, and Eng¬ land. M. Poivre firft brought the gourami of Ben¬ gal into the ille of France, where it has greatly mul¬ tiplied. “ Our rivers (fays this judicious writer), do not contain more than about twenty indigenous fpecies, and fome migratory fifties, which at certain periods of the year afcend to a certain diftance from their mouths, or, like the falmon, fwim towards their fources as far aa they can. The fmall rivers poffefs Hill fewer fpecies ; the greateft part even are confined to the tench, the trout, eels, and fome fmaller fifti of little value. How advantageous would it be to introduce into thefe rivers a multitude of foreign fifti, which, in thefe waters could find aliment more agreeable to their tafte, and which would enjoy a temperature as analogous to their wants, as favourable to their reprodutftion ! “ The Seine, which I (hall take as an example, nourilhes many fpecies offalmo and cyprinus : but how- many other filh of the fame kind might be propagated in it! If the Seine poffefs the falmon, it wants the thymollus, the umber of Auvergne, the lavaretus, the murcena of Germany, the grilfe of Scotland, the pala of Swifferland, the ferra of the lake of Geneva, &c. Why fnould not the carp of the lago di Guarda, and the fchwart%-ntter of the lakes of Berchftoldgaden, an excellent kind of falmon, highly praifed by Baron de Moll, a naturalift of Salzbourg, fucceed in France, if that bottom, to which they are moft attached, were procured for them, at the foot of the Cevennes or the Voges ? Why might they not be afterwards gradually introduced into our fmall rivers ? Can it be believed, that the numerous tribe of the trout kind, which fwarm in the rivers of Scotland, would refufe to fupply our co¬ lonies rvith their fpecies ? No. There can be no doubt that they would bring thither that fecundity, abun¬ dance, and riches, which render them fo valuable to their native ftreams. The cafe would be the fame with the boudelles and hiiglings prefented to us by the lakes of Swifferland, and with the gudgeon, the cyprinus ballarus, and the falmo umbla, bred in the rivers of’ Lower Germany. Let us open, then, with thefe coun¬ tries a philofophical and liberal exchange of the bell filh of France for thofe of which we wilh to be pof- feffed.” Nature herfelf feems to point to the fuccefs of the fecond method. In many inftances, falmon and ftur- geon have habituated themfelves to a frelh-water refi- dence. I G H T H Y Natural dence. Pallas dlfcovered the fea-dog in the lake Bai- zation, 6cc. ^3]. an(l Liancourt found the herring in feveral of the of Fiflies. rivers of jsjoj.tij America. It likewife deferves to be remarked that the large plaife, tranfporled from the North fea to the ponds of Eaft Friefland, have increaf- ed by myriads, and imparted great value to water which was formerly unproductive. “ In the year I 799, (continues M. Noucl), I had the honour of reading, in one of the fittings of the National Inftitute, a memoir on the means and advan¬ tages of naturalizing the herring, a falt-water fith, in the waters of the Seine, near its mouth, &c. The ac¬ count of the proceffes for accomplilhing this end, which I there pointed out, are not fufceptible of analyfls, and cannot, therefore, be introduced into this eflay ; it will be fufficient for me to fay, that the report of La Cepede, Cuvier, and Teffier, was entirely in their favour. At prefent, I am ftill more convinced of the efficacy of the means which I then propofed *, and I have no doubt that, if artificial ponds were formed on the edges of rivers, the experiment would be attended ivith complete fuccefs. ‘ Every man, (fays Dr Franklin), who catches a fith, draws from the water a piece of money.’ Let not the maxims and example of this philosopher be loft to pofterity ; let them rather produce fruit, like ftrong and vigorous feed fown in a fertile foil. Having oa- ferved ’in New England, that the herrings afcended from the fea into one river of that country, while a O L O G Y. Ill {ingle individual was never feen in another river, fepa- Naturah- rated from the former by a narrow tongue of land, and which communicated alio with the fea, this phiiofopher , w took the leaves of fome plants on which the herrings had depofited their ova, already fecundated, and con¬ veyed them to the river which was deprived of the an¬ nual vifit of thefe filh. The fuccefs of this experiment furpafied his expeftations ; the ova were completely productive j and the following year the river was peo¬ pled with a numerous fhoal of herrings, which, fmce that time, have continued to frequent it. “ This filh is not the only one which I wilh to fee naturalized in frefti water j to the herring I would add feveral fpecies of pleuroneEles—alfo the mullet, goby, whiting, gar-fith, and perhaps, one or two fpecies of the gurnard. I wrould pay the greateft attention pofli- ble to the nature of the water proper for each fpecies. This happy choice is the principal condition, and that which could enfure fuccefs; but I would feleft in par¬ ticular for this colonization, the filh found in lakes, which, though little known, are more numerous than is commonly fuppofed, and ought to be fo.” By the adoption of this plan, which is fufceptible of more ample developement, foeiety would gain an in- creafed quantity of provifion, and the naturalift would multiply his opportunities of obfervation. For the modes of preferving filh in cabinets, fee Preserving Fijh, means of. EXPLANATION OF PLATES. Plate CCLXXIX. 'Explanation of Terms.—ay (fig. 2.) pecloral fins ; by ventral fins *, e, c, anal fins 5 dy caudal fin, or tail 5 e, ey ey dorfal fins 5 f bony plates that cover the gills ; g, branchioflegous rays and their membranes j //, lateral or fide line. Fig. 1. Anguilla Conger. Conger Eel.—Example of apodal fiihes, in which the ventral fins are wanting. The launce or fand-eel, the wolf-fifn, and fword-filh, belong to this order. Fig. 2. The Haddock, an example of jugular filhes, in which the ventral fins by are placed before the pec¬ toral fins a. To this order belong the dragonet,1* the cod-filh, the blenny, &.c. Fig. 3. The Father-lalher, an example of thoracic filhes, in which the ventral fins a, are placed beneath the peftoral j as in the bull’s-head, the dory, the mackrel, the perch, &c. Fig. 4. The Minow, an example of abdominal filhes, having the ventral fins a, placed behind the pe&oral fins b. To this order belong the falmon, the herring, the carp, &.c. Fig. 5. The Dog-filh, an example of cartilaginous fillies, in which the mofcles are fupported by cartilages inftead of bones, and which breathe by means of aper¬ tures placed near the neck inftead of gills j. a the lateral apertures. Fig. 6. Gymnotus EleBricusy Electrical Gymnotus, ©r Cramp-filh. Fig. 7. Trichiurus Lepturus, Silvery Trichiurus, Fig. 8. Anarchichas Lupus, Sea-wclf. Fig. 9. Odontognathus Aculeatus. Fig. 10. Shnmodytes Tobtanus, Sand-eel, Fig. II. Ophidium Barbatum, Bearded Ophidium. Plate CCLXXX. Fig. 12. Sternoptyx Diaphana, Tranfparent Sternop- tyx. Fig. 13. Leptocephalus Morrifii, Morris Launce. Fig. 14. Sty/ephorus Chordatus, Chordated Stylepho- rus. Fig. 15. Callionymus Dracunculus, Sordid Dragonet.. Fig. 16. Uranofcopus Scaber, Bearded Star-gazer. Fig. 17. Trachinus Draco, Dragon Weever. Fig. 18. Gadus Molva, Ling. Fig. 19. Blennius Pholisi Smooth Blenny. Fig. 20. Kurtus Indicus, Indian Kurtus. Fig. 21. Echineis Remora, Indian Remora, or Long. eft Sucking-fifli. Plate CCLXXXI. Fig. 22. Coryphcena Hippurus, Dolphin. Fig. 23. Macrourus Rupejlris, Long-tailed Imminfet. Fig. 24. Cottus Scorpius, Lalher, Bull-head, or Fa¬ ther-lalher. Fig. 25. Scorpcena Antennata, Antennated Scorpaena, Fig. 26. Tjeus Faber, Common Dory. Fig. 27. Rleuroneftes Rlateffa, Plaife. Fig. 28. Chcetodon Ro/lratus, Beaked Chaetodon. Fig. 29. Acanthurus Unicornus, Unicorn Acanthurus. Fig. 30. sia I C H T H Y Fig. 30. Equcs Americanus, American Knight-fifh. Fig. 31. Trichoput Satyr us, Satyr Trichopus. Plate CCLXXXII. Fig. 32. Labrus Cyanopterus, Blue-finned Labrus. Fig. 33. Scicena Unimaculata, Single-fpotted Scioena. Fig. 34. Perea Cernua, Ruffe, or Ruffe Perch. Fig. 35. Gafierofleus Spinachia, Fifteen-fpined Stic- kl e-back. Fig. 36. Mul/us Aurijlamma, Oriflamme Surmullet, j Fig. 37. Trachichthys Atijlralis. O L O G Y. Fig. 38. Cobitis Taenia, Spiny loche. Fig. 39. Efox Aurco-mridis, Gold-green Pike. Fig. 40. Exocatus Volitans, Oceanic Flying-fiih. Plate CCLXXXIII. Fig. 41. O/lracion Cornutus, Horned Trunk-fifti. Fig. 42. Diodon Brevis, Short Sun-fiffi. Fig. 43. Centrifcus Scolopax, Snipe Centrifius. Fig. 44. Pegafus Draconis, Dragon Pegafus. Fig. 45. Accipenfer Hufo, Ifinglafs Sturgeon. Fig. 46. Squalus Canicula, Panther Shark. Index. INDEX. Abdominal fifhes, order of, Acanthonotus, chara&ers of, fpecies of, Acantburus, charafters of, fpecies of, Aceipenfer, characters of, fpecies of, Age of fifties, Amia, characters of, fpecies of, Ammodytes, characters of, fpecies of, Anarchichas, characters of, fpecies of, Anableps, characters of, fpecies of, Anatomy of fifties, Anchovy, fee Clupea, Ancient writers on fifties, Angel-fjh, fee Chcctodon, Apodal fifties, order of, Argentina, characters of, fpecies of, Artedi, a writer on fifties, Atherina, characters of, fpecies of, B Balifles, characters of, fpecies of, Band-jifh, fee Ccepola, Be/on's hiftory of fifties, Bleak, fee Cyprinus, B/ennio'ides, Blennius, characters of, fpecies of, Bodianus, characters of, fpecies of, Body of fifties, form of, Branchial opercles, membrane, Bream, fee Cyprinus, Bullhead, fee Coitus, C Callionymus, characters of, fpecies of. p. 96 99 ib. 91 ib. 106 ib. 78> 79 97 ib. 81 82 81 ib. 97 ib. 68—73 102 66 91 79 100 ib. 66 100 ib. 104 ib. 87 66 102 85 86 ib. 94 ib. 68 69 ib. 102 89 83 ib. Carp, fee Cyprinus, p. 102 remarkably prolific, ib. Cartilaginous fifties, order of, 103 Ccepola, characters of, 87 fpecies of, ib. Centrifcus, characters of, 104 fpecies of, ib. Centrogajler, characters of, 95 fpecies of, ib. Cephalus, characters of, 104 fpecies of, ib. Chcetodon, characters of, 91 fpecies of, ib. Pharr, fee Salmo, 97 red, ib. Chinefc trumpet-fifti, fee Fijlularia, 99 Circulation in fifties flow, 74 Clupea, characters of, 101 fpecies of, ib. Coal-fjb, fee Gadus, 84 Cobitis, characters of, 96 fpecies of, ib. Cod, common, fee Gadus, 84 Chub, fee Cyprinus, 102 Cock-paddle, fee Cyclopterus, 105 Conger eel, fpecies of muraena, 80 Coryphcena, characters of, 88 fpecies of, ib. hippurus, or dolphin, hifto¬ ry of, ib. Coitus, characters of, 89 fpecies of, ib. Cramp-fi/h, fee Gymnotus, 80 Cyclopterus, characters of, J05 fpecies of, ib. Cyprinus, characters of, 102 fpecies of, ib. D Diodon, characters of, 104 fpecies of, ib. Dolphin, fee Coryphcena, 88 Dory, fee Zeus, 89 Dragon iveever, fee Trachinus, 84 Dragonet, fee Callionymus, 83 Duration or age of fifties, 78, 79 Echeneis, characters of, p. 88 fpecies of, ib. remora, Angular hiftory .of, ib. Eel, fnake, common, >- fee Murcena, 78 conger, j fand, fee Ammodytes, 8i Elops, characters of, 100 fpecies of, ib. Eques, characters of, 91 fpecies of, ib. Efox, characters of, 99 fpecies of, ib. Exococtus, characters of, 100 fpecies of, ib. Eyes of fifties, anatomy of, 69 File-fifh, fee Balifles, Fins of fifties, Fifhes, ancient writers on, moderns, hiftory of, by Belon, Rondelet, Aldrovandus, Willoughby, Artedi, arrangement of, by Klein, Linnaeus, La Cepede on, Pennant, anatomy of, form of the body of, head of, eyes of, opercles of, branchial membrane of, trunk of, fins of, Ikeleton of, mufcles of, vifeera of, phyfiology of refpiration of, effeCts of air on, 104 70 66 ib. ib. 67 ib. ib. ib. ib. ib. ib. ib. 68 ib. ib. 69 ib. ib. ib. 7® 7X ib. 72 73 ib. ib. Fijhes, WArchttfiM Sculp ■ Sculp 1 UTJrcktlaid ■J'cillp •' ICHTHYOLOGY WAt'chi&a/rl Sculp i^Ardi ilw/tt Sculp ■' Index. Fjfhes, fenfe of feeing of, hearing of, touch of, tafte of, fmelling of, motions of, inftruments of motion of, migration of, moftly voracious, oviparous, eggs of, immenfe, great age of fome, lyftematic expofition of, orders of, Tijlularia, charadiers of, fpecies of, flounder, fee PlturoneBes, Flijing-fifh, fee Exocoetus, . 74 ib. 75 ib. ib. ib. ib. 76 77 ib. 78 ib. 79 ib. 99 ib. 90 100 Gadus, chara&ers of, 84 fpecies of, ib. Gajlerojleus, charadiers of, 95 fpecies of, ib. Gajlrobranchus, charadiers of, 110 fpecies of, ib. Gillsy the organs of refpiration in fiihes, 73 Gilt-head, fee Sparus, 9 a greatly prized by the Greeks and Romans, ib. Gobiomorus, charadiers of, 80 fpecies of, ib. Gobius, charadiers of, 88 fpecies of, ib. Gold-fifh, or gold-carp, fee Cyprinus, 102 Gamphsfus, charadiers of, 93 fpecies of, ib. Graylingy fee Salma, 98 Gudgeon, fea, or goby, fee Gobius, 88 Gurnard, fee Trigla, 96 Gymnetrus, charadiers of, 87 fpecies of, ib. Gymmtus, charadiers of, 80 fpecies of, ib. H Haddock, fee Gadus, 84 Hake, fpecies of gadus, 8 5 Head of fifties, anatomy of, 68 Hearing, fenfe of, in fifties, 74 Heart of fifties, anatomy of, 72 Herring, fee Clupea, joi hiftory of, ib. firft pickled, ib. Halibut, fee PleuroneBes, 91 Holocentrus, charadiers of, 94 fpecies of, ib. Ichthyology, definition of, 66 difficulties in the ftudy of, ib. Imminfet, fee Macrourus, 88 ■Jugular fifties, order of, 83 Vol. XI. Part I. I C H T H K Knight-JiJh, fee Eques, Kurtus, charadiers of, fpecies of, YOLO P- 91 ?7 ib. Labrus, charadiers of, 93 fpecies of, ib. La Cepede, a writer on fifties, 67 his arrangement, ib. Lamprey, or fea-lamprey, fee Fetromy- %on, 109 Leptocephalus, charadiers »f, 83 fpecies of, ib. Ling, fpecies of gadus, 84 Loche, fee Cobitis, 96 Lonchurbsy charadiers ef, 93 fpecies of, ib. Lophius, charadiers of, 105 ’ fpecies of, ib. Loricaria, charadiers of, 97 fpecies of, ib. Lump-JiJh, or lump-fucker, fee Cyclop- terus, 105 M Macrourus, charadiers of, fpecies of, Mackrel, fee Scomber, Membrane, branchial, Merian, Mad. too credulous on the transformation of fifties, Metamorphofes of fifties, Miller's thumb, fee Gobius, Modern writers on fifties, Minozv, fee Cyprinus, Mormyrus, charadiers of, fpecies of, Motion of fifties very rapid, inftruments of, Migration of fifties doubted, Monopterus, charadiers of, fpecies of, Morris launce, fee Leptocephalus, Mugil, charadiers of, fpecies of, Mullus, charadiers of, fpecies of, barbatus, efteemed much by the Romans, Multiplication of fifties, methods pro- pofed, Muraena, helena, a Roman luxury, Mufcles of fifties, 88 ib. 95 69 7 8 ib. 88 66 102 103 ib. 75 ib. 76 80 ib, 83 100 ib. 96 ib. ib. HO 79 ib. 71 N Nouel, M. bis plan for the multipli¬ cation of fifties, HO Nourishment ot Oifats, 77 O Gdoniognathus, charadiers of, fpecies of, 81 ib. G Y. Old-wife fifli, fee Baliftes, Opercles, branchial, Ophicephalus, charadiers of, fpecies of, Ophidium, charadiers of, fpecies of, Orders of fifties, charadiers of, Organs of fifties, Ojlracion, charadlers of, fpecies of, Ova of fifties, evolution of, number of, immenfe, are depofited in diffe¬ rent feafons, p. 104 69 93 ib. 82 ib. 79 7a 103 ib. 77 78 ib. P Pegafus, charadiers of, 164 fpecies of, ib. Perea, charadiers of, 94 fpecies of, ib. Perch, fee Perea, ib. efteemed by the Romans, ib. Petromyzon, charadiers of, 109 fpecies of, ib. Phyjiology of fifties, 73 Pike, fee Efox, 99 voracity of, IOO Pz'/oZ-fifti, fee Scomber, 93 Pilchard, fee Clupea, 101 Plaife, fee PleuroneSies, 91 Platyjlachus, charadiers of, 97 fpecies of, ib. PleuroneSies, charadlors of, 91 fpecies of, ib. Polynemus, charadiers of, 101 fpecies of, ib. Polypterus, charadiers of, 100 fpecies of, ib. R Raia, charadiers of, 108 fpecies of, ib. Ray, a writer on fifties, 66 Remora, or fucking-filh, fee Echensis, 88 marvellous account of, among the ancients, ib, ReproduSlion of fifties, 77 Refpiration of fifties, • 73 performed by gills, ib, effedts of, on the air, ib. Roach, fee Cyprinus, 102 Roe, or ova of fifties, 7 rl S Salmo, charadiers of, fpecies of, Salmon hunting, trout, Saury, fee Elcps, Sand-eel, or fand launce, fee Ammo* dytes, Scarus, charadiers of, fpecies of, Scomber, charadiers of, 97 98 ib. ib. IOO 89 92 ib. 95 Scombst'p 114 Scomber, fpecies of, Scorpeena, characters of, fpecies of, Scorpion, fea, fee Scorpeena, Scicena, characters of, fpecies of, Sea-borje, fee SyngnatJius, Sea-owl, fee Cyclopierus, Sea-devil, fee LopJuus, Seeing, fenfe of, in fithes,, Senfes, external, in fithes, Serpent,, fea, fpecies of mursena, Shad, fee Clupea, Shark, fee Squalus, Short fun-fifh, fee Cephalus, Silurus, characters of, fpecies of, Skate, fed Raia, Skeleton of fifties, Smelling, fenfe of, in fifties. Smelt, fee Salmo eperlanus. Soft-roe, or milt of fifties, Sole, fee RleuroneBes, Sparling and fpirling, fee Eperlanus, characters of, fpecies of, Spatularia, characters of, fpecies of, Sprat, fee Clupea, Squalus, characters of, fpecies. of, Stylephorus, characters of, fpecies of, Sternoptyx, characters of, fpecies of Stickleback, fee Gajlerofeus,- Stromateus, characters of, fpecies of. !>• 95 89 ib. ib. 93 94 104 1 Pi ib. 74 ib. 79 101 106 104 97 ib. 108 71 75 99 73 91 99 92 ib. 108 ib. 101 106 ib. 83 ib. 82 ib. ib. ICHTHYOLOGY. Sturgeon, fee Accipenfer, p. 106 remarkably prolific, ib. affords ifinglafs, ib, Sucking.fjh, fee Echeneis, 88 Surmullet, red, fee Mullus, 96 highly efteemed by the Romans* ib. Swimming or air-bladder, of fifties, 72 Swordfijh, fee Xiphias, 82 Synbranchus, generic characters of, 80 fpecies of ib. Syngnathus, characters of, 104 fpecies of, ib. SijJlem, abforbent, of fifties, 72 Triurus, fpecies of, Trout, fee Salmo, Trunk of fifties, Trunh-fjh, fee OJlracion, Tunny, tee Scomber, admired by the Greeks Romans, Turbot, fee PleuroneBcs, Tujk, fee Gadus, U Unicornis, Uranofcopus, characters of, fpecies of, Index. p. 81 98 69 103 95 and T Ta/le, {ente, of, in fifties, Tench, fee Cyprinus, fingular hiftory of one, Tetrodon, characters of, fpecies of, Toad-fjh, fee Lophius, Tobacco-pipe fifti, fee Fi/lularia, Torpedo, fee Raia, Torfk, fee Gadus, Touch, fenfe of, in fifties, Thorn-back, fee Raia, Trachichthys, characters of, fpecies of, Trachinus, characters of, fpecies of, Tnchiurus, characters of, fpecies of, Trichopus, characters of, fpecies of, Trigla, characters of, fpecies of, Triurus, characters of, 75 102 ib. 103 ib. i°5 99 108 84 75 108 96 ib. 84 ib. 81 ib. .92 ib. 96 ib. 8! V Vandellius, characters of, fpecies of, Voracity of fifties, remarkable, W Weever, dragon, fee Trachinus, Willoughby, a writer on fifties, Wolf-fjh, or fea-wolf, fee Anar chi- char, g! fmaller, jb, panther, jj,, X Xiphias, characters of, Sj fpecies of, ib. Z Zeus, characters of, 89 fpecies of, ib, ?7 ib, 77 84 ib, r c h Ichthyo- ICHTHYOPHAGI, Fish-eaters, a name given - ft8’’ t0 a PeoPle» or rat^er to feveral different people, who ichthypc- lived wholly on fifties ; the word is Greek, compounded > ^ . of rgjvs, pifcis, “ fifli,” and (payuv, edere, “ to eat.” The Ichthyophagi fpoken of by Ptolemy are placed by Sanfon in the provinces of Nanquia and Xantong, Agatharcides calls all the inhabitants between Carma- nia and Gedrofia by the name Ichthyophagi,. From the accounts given us of the Ichthyophagi by Herodotus, Strabo, Solinus, Plutarch, &c. it appears indeed that they had cattle, but that they made no ufe op them, excepting to feed their fiih withal. They made t eir houfes of large fifli-bones, the ribs of whales fer- vhng them for their beams. The jaws of thefe animals feirved them for doors ; and the mortars wherein they pounded their fifti, and baked it at the fun, were nothing «lfe but their vertebrae. 1CH1HYPERIA, an old term in Natural Hi/lory, which is applied by Dr Hill to the bony palates and I G O mouths of fifties, ufually met with either foflil, in fin- icbthype- gle pieces, or in fragments. They are of the fame fub- ria fiance with the bufonitae ; and are of very various fi- 11 gures, fome broad and fhort, others longer and {lender j Icomum^ fome very gibbofe, and others plainly arched. They ¥ are likewife of various fizes, from the tenth of an inch . to two inches in length, and an inch in breadth. ICKENILD-street, is that old Roman highway, denominated from the Icenians, which extended from Yarmouth in Norfolk, the eaft part of the kingdom of the Iceni, to Barley in Hertfordfhire, giving name in the way to feveral villages, as Ickwortb, Icklingham, and Ickleton in that kingdom. From Barley to Roy- fton it divides the counties of Cambridge and Hert¬ ford. From Ickleford it runs by Tring, crofles Bucks - and Oxfordfhire, pafles the Thames at Goring, and ex¬ tends to the weft part of England. ICOLMKIL. See Iona. ICONIUM, at prefent Cogni, formerly the, capital city ICO [ I ] Diiodaf- city of Lycaonia in Afia Minor. St Paul coming to tes. Iconium (A£ts xiii. 51. 5civ. 1. &c.) in the year of Chrift 45, converted many Jews and Gentiles there. It is believed, that in his firft journey to this dty, he converted St Thecla, fo celebrated in the writings of the ancient fathers. But feme incredulous Jews ex¬ cited the Gentiles to rife againft Paul and Barnabas, fo that they w'ere upon the point of offering violence to them, which obliged St Paul and St Barnabas to fly for fecurity to the neighbouring cities. St Paul undertook a fecond journey to Iconium in the year 51 j but we know no.particulars of his journey, which relate peculiarly to Iconium. ICONOCLASTES, or Icokoclast®, breakers of images a name which the church of Rome gives to all who rejeft the ufe of images in religious matters.— The word is Greek, formed from uxuv, imago^ and v-Xtx.ru't, rumpere, “ to break.” In this fenfe, not only the reformed, but fome of the eaftern churches, are called Iccnoclajles, and effeem- ed by them heretics, as oppofing the wmrlhip of the images of God and the faints, and breaking their fi¬ gures and reprefentations in churches. The oppofition to images began in Greece under the reign of Bardanes, who was created emperor of the Greeks a little after the commencement of the eighth century, when the worfhip of them became common. See Image. But the tumults occafioned by it were quelled by a revolution, which, in 713, deprived Bar¬ danes of the imperial throne. The difpute, however, broke out with redoubled fury under Leo the Ifaurian, who iffued out an edi£t in the year 726, abrogating, as fome fay, the worfliip of images, and ordering all the images, except that of Chrift’s crucifixion, to be re¬ moved out of the churches •, but according to others, this edift only prohibited the paying to them any kind of adoration or worlhip. Thisedift occafioned a civil war, which broke out in the iflands of the Archipelago, and by the fuggeftions of the priefts and monks, ravaged a part of Afia, and afterwards reached Italy. The civil commotions and infurre&ions in Italy were chiefly pro¬ moted by the Roman pontiffs, Gregory I. and II. Leo was excommunicated, and his fubjefts in the Italian provinces violated their allegiance, and rifing in arms either maffacred or baniftied all the emperor’s deputies and officers. In confequence of thefe proceedings, Leo affembled a council at Conftantinople in 730, which de¬ graded Germanus, the biflrop of that city, who was a patron of images 5 and he ordered all the images to be publicly burnt, and inflicled a variety of fevere puniffi- ments upon fuch as were attached to that idolatrous wor¬ fhip. Hence arofe tw'o fatlions; one of which adopted the adoration and w'orffiip of images, and on that account were called iconoduli or iconolatrce ; and the other main¬ tained that fuch worffiip was unlawful, and that nothing was more worthy the zeal of Chriftians than to demoliffi and deflroy thofe ftatues and pictures which w ere the occafions of this grofs idolatry j and hence they were diftinguifhedby the titlesoiiconomachi^romaKuv^imagey and pot-xu, I contend^) and iconoclajlce. The zeal of Gre¬ gory II. in favour of image worfhip, was not only imi¬ tated, but even furpafled by his fucceffor Gregory III. Purfue(i the fame meafures, and had recourfe to the coercive influence of penal laws, in order to extirpate idolatry out of the Chriftian church. Irene, the wife of Leo, poifoned her hulband in 780 •, affumed the reins of empire during the minority of her fon Conftantine, and in 786 fummoned a council at Nice in Bithynia, known by the name of the fecond Nicene council, which abrogated the laws and decrees againft the new ido¬ latry, reftored the worlhip of images and of the crofs, and denounced fevere puniftiments againft thofe who maintained that God was the only object of religious adoration. In this conteft, the Britons, Germans, and Gauls, were of opinion, that images might be lawfully continued in churches, but they confidered the worfhip of them as highly injurious and offenfive to the Su¬ preme Being. Charlemagne diftinguiffied himfelf as a mediator in this controverfy : he ordered four books concerning images to be compofed, refuting the rea- fons urged by the Nicene bifhops to juftify the worffiip of images, which he fent to Adrian the Roman pon¬ tiff in 790, in order to engage him to w ithdraw his ap¬ probation of the decrees of the laft council of Nice. Adrian wrote an anfwer •, and in 794, a council of 300 bilhops, affembled by Charlemagne at Francfort on the Maine, confirmed the opinion contained in the four books, and folemnly condemned the worffiip of images. In the Greek church, after the baniftrment of Irene, the controverfy concerning images broke out anew, and was carried on by the contending parties, during the half of the ninth century, with various and uncertain fuccefs. The emperor Nicephorus appears upon the whole to have been an enemy to this idola¬ trous worffiip. His fucceflor, Michael Curopalates, furnamed Rhangabe, patronized and encouraged it. But the fcene changed on the accefhon of Leo the Arme¬ nian to the empire ; who affembled a council at Con¬ ftantinople in 814, that aboliftied the decrees of the Nicene council. His fucceffor Michael, furnamed Bul¬ bils, difapproved the worfhip of images, and his fon . Theophilus treated them with great feverity. Howr- ever, the emprefs Theodora, after his death, and du¬ ring the minority of her fon, affembled a council at Conftantinople in 842, which reinftated the decrees of the fecond Nicene council, and encouraged image W'orfhip by a law'. The council held at the fame place under Photius, in 879, and reckoned by the Greeks the eighth general council, confirmed and renewed the Nicene decrees. In commemoration of this council, a feftival was inftituted by the fuperftitious Greeks, call¬ ed the feajl of orthodoxij. The Latins were generally of opinion, that images might be fuffered as the means of aiding the memory of the faithful, and of calling to their remembrance the pious exploits and virtuous aflions of the perfons whom they reprefented 5 but they detefted all thoughts of paying them the leaft P 2 marks ICO [I Iconoelaftes marks of religious homage or adoration. Ihe coun- f i-. . oil of Paris, aiTembled in 824 by Louis the Meek, re~ C° r‘a‘ folved to allow the ufe of images in the churches, but feverely prohibited rendering them religious Avorlhip. Neverthelefs, towards the conclufion of this century, the Galliean clergy began to pay a kind of religious homage to the images of faints, and their example was followed by the Germans and other nations. How¬ ever, the Iconoclafts ftill had their adherents among the Latins *, the moft eminent of whom was Claudius bifhop of Turin, who, in 823, ordered all images, and even the crofs, to be cait out of the churches, and committed to the flames ; and he wrote a treatife, in which he declared both againft the ufe and worfhip of them. He condemned relicks, pilgrimages to the Holy Land, and all voyages to the tombs of faints; and to his writings and labours it was owing, that the city of Turin, and the adjacent country, was, for a long time after his death, much lefs infefted with fuperflition than the other parts of Europe. The controverfy con¬ cerning the fanftity of images was again revived by Leo bifhop of Chalcedon, in the 11th century, cn oecafion of the emperor Alexius’s converting the fi¬ gures of filver that adorned the portals of the churches into money in order to fupply the exigencies of the flate. The bifhop obftinately maintained that he had been guilty of facrilege ; and publifhed a treatife, in which he affirmed, that in thefe images there refided an inherent fandlity, and that the adoration of Chri- ftians ought not to be confined to the perfons repre- fented by thefe images, but extended to the images themfelves. The emperor affembled a council at Con- ffiantinople, which determined, that the images of Chrifi: and of the faints were to be honoured only with a re¬ lative wmi fnip; and that invocation and worfhip were to be addrefled to the faints only as the fervants of Chrift, and on account ©f their relation to him as their ma¬ iler. Leo, diffatisfied even with thefe abfurd and fu- perflitious decifions, was fent into banifliment. In the weftern church, the worfhip of images was difapproved and oppofed by feveral confiderable parties, as the Pe- tvoboffiians, Albigenfes, Waldenfes, &c. till at length this idolatrous practice was entirely abolifhed in many parts of the Chriftian world by the Reformation. See Image. ICONOGRAPHIA (derived from uku, “ image,” and y^xcpw, “ I deferibe), the defeription of images or ancient ftatues of marble and copper j alfo of bufts and femi-bufts, penates, paintings in frefco, mofaic works, and ancient pieces of miniature. ICONOLATRiE, or Icokolaters (from uxa and XxTiPiva, “ I worfhip,”) or IconoDUDI (from uxu and tixXca), “ I ferve •,”) thofe who woefhip images : A name which the Iconoclaftes give to thofe of the Ro- mifh communion, on account of their adoring images, and of rendering to them the worfhip only due to God. See Iconoclasts and Image. ICOSAHEDRON, in Geometry, a regular folid, confifting of 20 triangular pyramids, whofe vertices meet in the centre of a fphere fuppofed to circum- feribe it; and therefore have their height and bafes equal •, wherefore the folidity of one of thefe pyramids multiplied by 20, the number of bafes, gives the folid contents of the icofahedron. ICOSANDRIA (from “ twenty,” and 16 ] IDE “ a man or hufband”) ; the name of the I2th clafs in Linnaeus’s fexual method, confifting of plants with her¬ maphrodite flowers, which are furnifhed with 20 or more ftamina, that are inferted into the inner fide of the calyx or petals. See Botany, p. 192. ICTINUS, a celebrated Greek architeft who lived about 430 B. C. built feveral magnificent temples, ajid among others that of Minerva at Athens. IDA, in Ancient Geography, a mountain fituated in the heart of Crete where broadeft ; the higheft of all in the ifland \ round, and in compafs 60 ftadia (Stra¬ bo) ; the nurfing place of Jupiter, and where his tomb was vifited in Varro’s time.—Another ZiA, a mountain of Myfia, or rather a chain of mountains (Homer, Virgil), extending from Zeleia on the fouth of the ter¬ ritory of Cyzicus to Leftum the utmoft promontory of Troas. The abundance of its waters became the fource- of many rivers, and particularly of the Simois, Sca- mander, ZEfopus, Granicus, &c. It was covered with green wood, and the elevation of its top opened a fine extenfive view of the Hellefpont and the adjacent coun¬ tries j from which reafon it was frequented by the gods during the Trojan war, according to Homer. The top was called Gargara (Homer, Strabo) ; and celebrated by the poets for the judgment of Paris on the beauty of the three goddeffes, Minerva, Juno, and Venus ) to the laft of whom he gave the preference. IDALIUM, in Ancient Geography, a promontory on the eaft fide of Cyprus. Now Capo di Griego ■ with a high rugged eminence rifing over it, in the form of a table. It was facred to Venus j and hence the epithet Idalia given her by the poets. The eminence was covered by a grove ; and in the grove was a little town, in Pliny’s time extinft. Idalia, according to Bochart, denotes the place or fpot facred to the god- tiefs. Itofandfjg Ide*. IDEA, the reflex perception of objedfts, after the original perception or impreffion ’ has been felt by the mind. See METAPHYSICS, pa/Jim; and Logic,. Part I. IDENTITY, denotes that by which a thing is it- felf, and not any thing elfe in which fenfe identity differs from finiilitudey as well as diverjity. See Meta¬ physics. IDES, in the ancient Roman kalendar, were eight days in each month 5 the firft of which fell on the 13th of March, May, July, and OUober j and on the 13th day of the other months.—The origin of the word is contefted. Some will have it formed from <£s ^ found lunatics under a eommiffion, or committed to the care of truftees under any aft of parliament) before they are declared of Sound mind by the lord chancel¬ lor, or the majority of fuch trullees, Shall be totally void. Idiots and perfons of nonfane memory, as well as in¬ fants and perlons under durefs, are not totally difabled either to convey or purchafe, but fub mods only. For their conveyances and purebafes are voidable, but not aftually void. The king, indeed, on behalf of an idiot, may avoid his grants or other afts. But it hath been faid, that a non compos himfelf, though he be after¬ wards brought to a right mind, Shall not be permitted to allege his own infanity in order to avoid fuch grant : for that no man ffiall be allowed to Slultiiy himfelf, or plead his own difability. The progrefs of this notion is fomewhat curious. In the time ot Edward I. non compos was a fufficient plea to void a man’s own bond : and there is a writ in the regifter for the alie¬ nor himfelf to recover lands aliened by him during his infanity 5 dum fuit non compos mentis Jure, ut dicit, &c. But under Edward III. a fcruple began to arife, whe¬ ther a man Should be permitted to blemifh himfelf, by pleading his own infanity $ and, afterwards, a defend¬ ant in affize having pleaded a releafe by the plaintiff fince the lall continuance, to which the plaintiff re¬ plied {ore tenus, as the manner then was) that he was out of his mind when he gave it, the court adjourned the affize j doubting, whether as the plaintiff was fane both then and at the commencement of the fuit,. he Should be permitted to plead an intermediate depriva¬ tion of reafon j and the queftion was aSked, how he came to remember to releafe, if out of his fenfes when he gave it ? Under Henry VI. this way of reafoning (that a man Shall not be allowed to dilable himfelf, by pleading his own incapacity, becaufe he cannot know what he did under fuch a Situation) was ferioufly adopt¬ ed by the judges in argument \ upon a queftion whe¬ ther the heir was barred of his right of entry by the feoffment of his infane anceftor ? And from thefe Icofe authorities, which Fitzherbert does not fcruple to re- jeft as being contrary to reafon, the maxim that a man ffiall not Stultify himfelf, hath been handed down as fettled law : though later opinions, feeding the incon¬ venience of the rule, have in many points endeavouied to reftrain it. And, clearly, the next heir or other perfon interefted, may, after the death of the idiot or non compos, take advantage of his incapacity and avoid I B L [ i itfiocy the grant. And fo, too, if he purchafes under this Idlenefs. and does not afterwards upon recovering his ■»—'y-w.i..' hnfes agree to the purchafe, his heir may either wave or accept the eftate at his option. In like manner, an infant may wave fuch purchafe or conveyance, when he comes to full age j or, if he does not then a&ually agree to it, his heir may wave it after him. Perfons, alfo, who purchafe or convey under durefs, may affirm or avoid fuch tranfaftion, whenever the durefs is ceaf- ed.^ For all thefe are under the proteftion of the law; which will not fuffer them to be impofed upon through the imbecility of their prefent condition fo that their a£ls are only binding, in cafe they be afterwards agreed to when fuch imbecility ceafes. Yet the guardians or committees of a lunatic, by the ftatute 11 Geo. III. c. 20..are empowered to renew in his right, under the directions of the court of chancery, any leafe for lives or years, and apply the profits of fuch renewal for the benefit of fuch lunatic, his heirs, or executors. See Lunacy. IDIOM, among grammarians, properly fignifies the peculiar genius of each language, but is often ufed in a fynonymous fenfe with dialed:. The word is Greek, “ propriety formed of “ proper,- own.” IDIOPATHY, in Phytic^ a diforder peculiar to a certain part of the body, and not arifing from any pre¬ ceding difeafe ; in which fenfe it is oppofed to fym- pathy. Thus, an epilepfy is idiopathic when it hap¬ pens merely through fome fault in the brain j and fympathetic when it is the confequence of fome other diforder. IDIOSYNCRASY, among phyficians, denotes a peculiar temperament of body, whereby it is rendered more liable t© certain diforders than perfons of a dif¬ ferent conftitution ufually are. IIMOI, or Ideot, in our laws, denotes a natural fool, or a fool from his birth. See Idiocy. T-he word is originally Greek, which prima¬ rily imports a private perfon^ or one who leads a pri¬ vate life, without any fliare or concern in the govern¬ ment of affairs. A perfon who has underftanding enough to meafure a yard of cloth, number twenty rightly, and tell the days of the week, &c. is not an ideot in the eye of the law. But a man who is born deaf, dumb, and blind, is confidered by the law in the fame Hate as an idiot. Idiot is alfo ufed, by ancient writers, for a perfon ignorant or unlearned $ anfwering to illiteratus, or im- peritus. In this fenfe, Vidor tells us, in his Chroni- con, that in the confuKhip of Meffala, the Holy Gof- pels, by conamand of the emperor Anaftafius, were cor- re&ed and amended, as having been written by ideot evangelifts : Tanquam ab idiotis evangelijlu combo [it a. IDLENESS, a reluClancy in people to be employed in any kind of rvork. Idlenefs in any perfon whatfoever is a high of- ience againft the public economy. In China it is a maxim, that if there be a man who does not work, or a woman that is idle, in the empire, fomebody muff luffet cold or hunger ; the produce of the lands not being more than fufficient, with culture, to maintain the inhabitants 5 and therefore, thougli the idle perlon may fhift off the want from himfelf, yet it muft in the 8 ] IDO end fall fomewhere. The court alfo of Areopagus at Hlenefa Athens puniflied idlenefs, and exerted a right of examin- II ing every citizen in what manner he fpent his time j.Idolatry' the intention of which was, that the Athenians, know- * ^ ing they were to give an account of their occupations, Ihould follow only fuch as were laudable, and that there might be no room left for fuch as lived by unlawful arts. . I he civil law expelled all fturdy vagrants from the city 5 and, in our own law, all idle perfons or va¬ gabonds, whom our ancient ftatutes defcribe to be “ fuch as wake on the night and fleep on the day,ElackJtone\ and haunt cuftomable taverns and ale-houfes, and routs ftw-’we*- about 5 and no man wot from whence they come, netanef‘ whether they go $” or fuch as are more particularly defcribed by ftatute iq Geo. II. c. 5. and divided into three claffes, idle and diforderly perfons, rogues and vagabonds, and incorrigible rogues ;—all thefe are of¬ fenders againft the good order, and blemilhes in the government, of any kingdom. They are therefore all punifhed, by the ftatute laft mentioned 5 that is to lay, idle and diforderly perfons with one month’s im- prifonment in the houle of correffion j rogues and va¬ gabonds with whipping, and imprifonment not exceed- ing fix months 5 and incorrigible rogues with the like difcipline, and confinement not exceeding two years j the breach and efcape from which confinement in one of an inferior clafs, ranks him among incorrigible rogues $ and in a rogue (before incorrigible) makes him a felon, and liable to be tranfported for feven years. Perfons harbouring vagrants are liable to a fine of forty (hillings, and to pay all expences brought up¬ on the parifii thereby : in the fame manner a?, by our ancient laws, whoever harboured any ftranger for more than two nights, was anfwerable to the public for any offence that fuch his inmate might commit. IDOL, in pagan theology, an image, or fancied reprefentation of any of the heathen gods.—This image, of whatever materials it confifted, was, by cer¬ tain ceremonies, called confecration, converted into a god. While under the artificer’s hands, it was only a mere ftatue. Three things were neceffary to turn it into a god ; proper ornaments, confecration, and ora¬ tion. The ornaments were various, and wholly defign- ed to blind the eyes of the ignorant and ftupid multi¬ tude, who are chiefly taken with (how and pageantry. Then followed the confeeration and oration, which were performed with great folemnity among the Ro¬ mans. See Image. IDOLATRY, or the worftiip of idols, may be di- ftinguilhed into two forts. By the firft, men adore the works of God, the fun, the moon, the ftars, angels, daemons, men, and animals : by the fecond, men wor¬ ftiip the work of their own hands, as ftatues, piftures, and the like : and to thefe may be added a third, that by which men have worftiipped the true God under fenfible figures and reprefentations. This indeed may- have been the cafe with refpeft to each of the above kinds of idolatry ; and thus the Ifraelites adored God under the figure of a calf. I he ftars were the firft objefls of idolatrous wor¬ ftiip, on account of their beauty, their influence on the. productions of the earth, and the regularity of their motions, particularly the fun and moon, which are confidered as the moft glorious and refplendent images of the Deity : afterwards, as their fentiments became more IDO [n Idolatry, more corrupted, they began to form images, and to en- Idomeneus, Certain the opinion, that by virtue of confecration, the 'Y”—"'gods were called down to inhabit or dwell in their fta- tues. Hence Arnobius takes occafion to rally the Pagans for guarding fo carefully the ftatues of their gods, who, if they were really prefent in their images, might fave their worlhippers the trouble of fecuring them from thieves and robbers. As to the adoration which the ancient Pagans paid to the ftatues of their gods, it is certain, that the wifer and more fenfible heathens confidered them only as lim- ple reprefentations or figures defigned to recal to their minds the memory of their gods. This was the opinion of Varro and Seneca : and the fame fentiment is clear- * ly laid down in Plato, who maintains, that images are inanimate, and that all the honour paid to them has refpedt to the gods whom they reprefent. But as to the vulgar, they were ftupid enough to believe the fta¬ tues themfelves to be gods, and to pay divine worfhip to ftocks and ftones. Soon after the flood, idolatry feems to have been the prevailing religion of all the world : for wherever we caft our eyes at the time of Abraham, we fcarcely fee any thing but falfe worihip and idolatry. And it ap¬ pears from Scripture, that Abraham’s forefathers, and even Abraham himfelf, were for a time idolaters. The Hebrews were indeed exprefsly forbidden to make any reprefentation of God : they were not fo much as to look upon an idol: and from the time of the Maccabees to the deftruflion of Jerufalem, the Jews extended this precept to the making the figure of any man : by the law of Mofes, they were obliged to deftroy all the images they found, and were for¬ bidden to apply any of the gold or filver to their own ufe, that no one might receive the leaft profit from any thing belonging to an idol. Of this the Jews, after they had fmarted for their idolatry, were fo fen¬ fible, that they thought it unlawful to ufe any veffel that had been employed in facrificing. to a falfe god, to warm themfelves with the wood of a grove after it wras cut down, or to fhelter themfelves under its fhade. But the preaching of the Chriftian religion, where- ever it prevailed, entirely rooted out idolatry ; as did alfo that of Mahomet, which is built on the worftiip of one God. It muft not, however, be forgotten, that the Proteftant Chriftians charge thofe of the church of Rome, with paying an idolatrous kind of worfhip to the piftures or images of faints and mar¬ tyrs : before thefe they burn lamps and wax candles; before thefe, they burn incenfe, and, kneeling, offer up their vows and petitions ; they, like the Pagans, believe that the faint to whom the image is dedi¬ cated, prefides in a particular manner about its fhrine, and works miracles by the intervention of its image j and that if the image vras deftroyed or taken away, the faint would no longer perform any miracle in that place. IDOMENEUS, in fabulous hiftory, fucceeded his father Deucalion on the throne of Crete. He accom- . panied the Greeks to the Trojan war with a fleet of go fhips. During this celebrated war he rendered himfelf famous by hjs valour, and flaughtered many of the ene¬ my. At his return from the Trojan war, he made a yow to Neptune in a dangerous tempeft, that if he 9 ] JED efcaped from the fury of the Teas and ftorms, he would Idomeneus offer to the god whatever living creature firft prefented Jg Jdo itfelf to his eye on the Cretan fhore. This was no other j than his fon, who came to congratulate his father upon his fafe return. Idomeneus performed his promife to the god j and the inhumanity and rafhnefs of this fa- crifice rendered him fo odious in the eyes of his fub- jefts, that he left Crete, and migrated in queft of a fettlement. He came to Italy, and founded a city on the coaft of Calabria, which he called Salentum. He died in extreme old age, after he had had the fatis- fadlion of feeing his new kingdom flouriih and his fubjefts happy. According to the Greek fcholiaft of Lycophron, v. 1217, Idomeneus, during his abfence in the Trojan w ar, intrufted the management of his king¬ dom to Leucos, to whom he promifed his daughter Clifithere in marriage at his return. Leucos at firft governed with moderation, but he was perluaded by Nauplius king of Eubcea to put to death Meda. the wife of his mafter, with her daughter Clifithere, and to feize the kingdom. After thefe violent meafures he ftrengthened himfelf on the throne of Crete, and Ido¬ meneus at his return found it impoflible to expel the ufurper. IDUMiEA. See Edom. JEALOUSY, in Ethics, is that peculiar uneafinels which arifes from the fear that fome rival may rob us of the affe&ion of one whom we greatly love, or fufpi- cion that he has already done it. The firft iort of jea- loufy is infeparable from love, before it is in poffeflion of its objeft j the latter is often unjuft, generally mif- chievous, always troublefome. Waters of JEALOUSY. See WATERS. IDYL LION, in ancient poetry, is only a diminutive of the w'ord EIDOS, and properly fignifies any poem of moderate extent, without confidering the fubjedt. But as the colledlion of Theocritus’s poems were called Idyllia, and the paftoral pieces being by far the beft in that colleftion, the term Idy/iion feems to be now ap? propriated to paftoral pieces. JEARS, or Geers, in the fea language, an affem- blage of tackles, by which the lower yards of a ftiip are hoifted along the maft to their ufual Ration, or lowered from thence as occafion requires: the former of which operations is called fwaying, and the latter Jiriking. JEBUSiEI, one of the feven ancient peoples of Ca* naan, defcendants of Jebufi, Canaan’s fon ; fo warlike and brave, as to have flood their ground, efptcially in Jehus, afterwards called Jerufaletn, down to the time of David, Judges i. 2J. 1 Sam. v. 6. JEDBURGH, a parliament town of Scotland, qa* pital of Tiviotdale or Roxburghftiire, is fituated nearly in the middle of the county, on the banks of the river Jed, whence it derives its name. It is well built and populous, and has a good market for corn and cattle. On the weft fide of the river, near its junction with the Teviot, ftand the beautiful ruins of an abbey found¬ ed by David I., a part of which ancient pile ferves for a parilh church.—Jedburgh is the feat of the (heriff’s court and of a prelbytery. The population of this towm in 1 793 was eftimated at 2000. JEDDO, the capital town or city of the iflands of Japan, where the emperor refides. It is open on all fides, having neither walls nor ramparts j and the houfes3 J E F { 120 1 J E F Jedclo lioufes are built with earth, and boarded on the out- Jeffreys to Prevent ra^n ^rom deftroying the walls. In ~. every ftreet there is an iron gate, which is (hut up in the night; and a kind of cuftomhoufe or magazine, to put merchandife in. It is a large place, being nine miles in length and fix in breadth, and contains l,ooo,ooo of inhabitants. A fire happened in 1658, which, in the fpace of 48 hours, burnt down 100,000 houfes, and in which a vaft number of inhabitants pe- rifhed. The emperor’s palace and all the reft were re¬ duced to allies ; but they are all rebuilt again. The royal palace is in the middle of the town ; and is defend¬ ed with walls, ditches, towers, and baftions. Where • the emperor refides, there are three towers nine ffories high, each covered with plates of gold j and the hall of audience is faid to be fupported by pillars of mafly gold. Near the palace are feveral others, where the relations of the emperor live. The emprefs has a pa¬ lace of her own, and there are 20 fmall ones for the concubines. Befides, all the vafial kings have each a palace in the city, with a handfome garden, and {tables for 2000 horfes. The houfes of the common fort are nothing bat a ground floor, and the rooms are parted by folding fkreens ; fo that they can make the rooms larger or fmaller at pleafure. It is feated in an agree¬ able plain, at the bottom of a fine bay 5 and the river which croffes it, is divided into feveral canals. E. Long. 140. o. N. Lat. 35. 32. JEFFERSONIA, in Botany, a genus of plants be¬ longing to the clafs pentandria, and order monogynia. The calyx is compofed of five fhort oval imbricated leaves $ the corolla is monophyllous and funnel-fhaped ; the margin hypocrateriform ; the ftigma is quadrifid. One fpecies only has been difcovered, fempervirens, which is a fhrub with round, polifhed, fhining Items, which climb on bullies and fmall trees. This fhrub is very abundant in the woods of Georgia in North Ame¬ rica, where it was difcovered by Dr Brickel, and it is covered with bloflcms for many months of the year. JEFFERY. See Geoffrey. JEFFREYS, Sir George, Baron Wem, common¬ ly called Judge Jeffreys, was the fixth fon of John Jef¬ freys, Efq. of Aiton in Denbighfhire 5 and was edu¬ cated at Weftminfter fchool, whence he removed to the Inner Temple, where he applied hunfelf to the ftu- tly of the law. Alderman Jeffreys, who was probably related to him, introduced him among the citizens of London, and he being a merry bottle companion, foon came into great bufinefs, and was chofen their recorder. He wras afterwards chofen folicitor to the duke of York •, and in 1680 was knighted, and made chief-juftice of Chelfer. At length, refigning the re- corderfhip, he obtained the pofit of chief-juftice of the king’s-bench, and, fson after the acceffion of James II. the great feal. During the reign of King Charles II. he fhowed himfelf a bitter enemy to thofe diffenting minifters who, in that time of perfecution, were tried by him : he was one of the gveateft: advifers and pro¬ moters of all the oppreflions and arbitrary meafures carried on in the reign of James II. ; and his fangui- nary and inhuman proceedings againft Monmouth’s un- . happy adherents in the weft will ever render his name infamous. Whenever the prifoner was of a different party, or he could pleafe the court by condemning him, i? inftead of appearing, according to the duty of his office, Jeffreys, as his council, he would fcarce allow him to fpeak for himfelf \ but would load him with the grofleft and moft vulgar abufes, browkeat, infult, and turn to ridi¬ cule the witnefles that fpoke in his behalf j and even threaten the jury with fines and imprifonment, if they made the leaft hefitation about bringing in the prifoner guilty. Yet it is faid, that when he wras in temper, and matters perfeftly indifferent came before him, no one became a feat of juftice better. Nay, it even ap¬ pears, that when he was under no ftate influence, he wras fometimes inclined to protect the natural and civil rights of mankind, of which the following inftance has been given :—The mayor and aldermen of Brif- tol had been ufed to tranfport convifted criminals to the American plantations, and fell them by w ay of trade. This turning to good account, when any pilfer¬ ers or petty rogues W'ere brought before them, they threatened them with hanging j and then fome offi¬ cers who attended, earneftly perfuaded the ignorant intimidated creatures to beg for tranfportationj- as tha only w ay tofave them j and in general their advice was followed. Then, without more form, each alderman in courfe took one, and fold him for his own benefit j and fometimes warm difputes arofe between them a- bout the next turn. This infamous trade, which had been carried on many years, coming to the knowledge of the lord chief juftice, he made the mayor defcend from the bench and ftand at the bar, in his fcarlet and fur, with his guilty brethren the aldermen, and plead as common criminals. He then obliged them to give fecurities to anfwer informations j but the proceedings were flopped by the revolution.—However, the bru¬ tality Jeffreys commonly fhowed on the bench, where his voice and vifage were equally terrible, at length expofed him to a fevere mortification. A fcrivener of Wapping having a caufe before him, one of the oppo¬ nent’s council faid he was a ftrange fellow, and fome¬ times went to church, and fometimes to conventicles j and it was thought he was a trimmer. At this the chancellor fired : “ A trimmer ? (faid he) j I have heard much of that monfter, but never faw one. Come forth Mr Trimmer, and let me fee your fhape.” He then treated the poor fellow fo roughly, that, on his leaving the hall, he declared he would not undergo the terrors of that man’s face again to fave his life, and he fhould certainly retain the frightful impreffions of it as long as he lived. Soon after, the prince of Orange coming, the lord chancellor, dreading the public re- fentment, difguifed himfelf in a feaman’s drefs, in or¬ der to leave the kingdom j and was drinking in a cellar, when this fcrivener coming into the cellar, and feeing again the face which had filled him with fuch horror, ftarted ; on which Jeffreys, fearing he was known, feign¬ ed a cough, and turned to the wall with his pot of beer in his hand. But Mr Trimmer going out, gave notice that he was there : and the mob rufhing in, feiz- ed him, and carried him before the lord mayor, who * lent him with a ftrong guard to the lords of the coun¬ cil, by whom he was committed to the Tower, where he died in 1689.—-It is remarkable, that the late coun- tefs of Pomfret met with very rude infults from the po¬ pulace on the weftern road, only becaufe fhe was grand¬ daughter to the inhuman Jeffreys. JEHOVAH, s JEN f i Jehovah JEHOVAH, one of the Scripture names of God, U fignifying the Being who is felf-exiifent and gives exift- ence to others. IU” V So great a veneration had the Jews for this name, that they left off the cuftom of pronouncing it, where¬ by its true pronunciation was forgotten. They call it tetragrammaton, or “ the name with four letters j” and believe, that whoever knows the true pronunciation of it cannot fail to be heard by God. JEJUNE style. See Style. JEJUNUM, the fecond of the fmall guts j thus called from the Latin jejunus, “ hungry j” becaufe al¬ ways found empty. See Anatomy, N° 93. JELL AEGEAN, or Gelal^EAN Calendar, Epo¬ chs, and Tear. See Calendar, Epocha, and Year. JELLY, a form of food, or medicine, prepared from the juices of ripe fruits, boiled to a proper con¬ fidence with fugar j or the ftrong deco&ions of the horns, bones, or extremities of animals, boiled to fuch a height as to be ttiff and firm when cold, without the addition of any fugar.—The jellies of fruits are cool¬ ing, faponaceous, and acefcent, and therefore are good as medicines in all diforders of the primae vise, arifing from alkalefcent juices, efpecially when not given alone, but diluted with water. On the contrary, the jellies made from animal fubftances are all alkalefcent, and are therefore good in all cafes in which an acidity of the humours prevails : the alkalefcent quality of thefe is, however, in a great meafure taken off, by adding lemon juice and iugar to them. There were formerly a fort of jellies much in ufe, called compound jellies; thefe had the reftorative medicinal drugs added to them, but they are now fcarce ever heard of. JELLT-Oat, a preparation of common oats, recom¬ mended by many of the German phyfieians in all hec¬ tic diforders, to be taken with broth of fnails or cray fifii.—It is made by boiling a large quantity of oats, with the hulk taken off, wdth fome hartlhorn lhavings, and currants, together with a leg of veal cut to pieces, and with the bones all broken ", thefe are to be fet over the fire with a large quantity of water, till the whole is reduced to a fort of jelly ; which w hen ftrained and cold is firm and hard. A few fpoonfuls of this are to be taken every morning, diluted with a bafon of either of the above-mentioned broths, or any other warm li¬ quor. JEMP FERLAND, a province of Sweden, bound¬ ed on the north by Angermania, on the eaft by Me- dalpadia, on the fouth by Helfingia, and on the weft by Norw'ay. It is full of mountains j which afford ores of copper and iron, the latter of which is manufactur¬ ed, and forms part of the trade with the Norwegians. JENA, a ftrong town of Germany, in the circle of Upper Saxony, and in Thuringia, with an univerfity. It isfeated on the river Sala, in E. Long. 11. 30. N. Lat. 50. 54. JENCAPORE, a town of Afia, in Indoftan, and in the dominions of the Great Mogul, capital of a ter¬ ritory of the fame name. It is feated on the river Chaul, in E. Long. 76. 25. N. Lat. 30. 30. JENCOPING, a town of Sweden, in the province of Smaland, feated on the fouth fide of the lake ^Ver¬ ier, with a ftrong citadel. The houfes are all built with wood. E. Long. 14. 20. N. Lat. 57. 22. JENISA, a river of the Ruffian empire that runs Vol. XL Part I. ^ 21 ] JEN from north to fouth through Siberia, and falls into the Jenifa Frozen ocean. fe JENISKOI, a town of the Ruffian empire, iq Si- beria, feated on the river Jenifa. It is large, populous, and pretty ftrong j and there are villages for feveral miles round it. It is fubjeft to the Tungufians, who are Pagans, and live chiefly on the above river. They pay a tribute to the emperor for every bow, reckoning a man and a woman for one. The climate is extreme¬ ly cold $ and no other fruits grow there but black and red currants, ftrawberries, and goofeberries. Corn, {butchers meat, and wild fowls, are very cheap. E. Long. 92. 35. N. Lat. 57. 46. JENKINS, Henry. See Longevity. Jenkins, Sir Leoline, a learned civilian and able ftatefman of the 17th century, born in Glamorganftiire about the year 1623. Being rendered obnoxious to the parliament during the civil war by adhering to the king’s caufe, he confulted his fafety by flight $ but re¬ turning on the Reftoration, he was admitted an advo¬ cate in the court of arches, and fucceeded Dr Exton as judge. When the queen mother Henrietta died in 1669 at Paris, her whole eftate, real and perfonal, was claimed by her nephew Louis XIV. : upon which Dr Jenkins’s opinion being called for and approved, he went to Paris, with three others joined with him in a commiffion, and recovered her effects •, for which he received the honour of knighthood. He officiated as one of the mediators at the treaty of Nimeguen, in which tedious negociation he w'as engaged about four years and a half j and was afterwards made a privy counfellor and fecretary of ftate. He died in 1685; and as he never married, bequeathed his whole eftate to charitable ufes: he was fo great a benefa&or to Je- fus College, Oxford, that he is generally looked on as the feeond founder. All his letters and papers were collected and printed in 1724, in two vols. folio. JENNY WREN, a name given by writers on fong birds to the wren. See Wren, Ornithology Index. JENTACULUM was, among the Romans, a morn¬ ing refreffiment like our breakfaft. It was exceeding¬ ly Ample, confifting, for the moft part, of bread alone j labouring people indeed had fomething more fubftan- tial to enable them to fupport the fatigues of their em¬ ployment. What has been here faid may be obferved of the Jews and Chriftians alfo. The Greeks diftin- guiffied this morning meal by the feveral names of xr-gdUirpts, or cm^d\itrf*et, though ei^irov is generally ap¬ plied to dinner. See Eating and Dinner. JENYNS, Soame, a diftinguiflied Engliffi writer, was born in Great Ormond-ftreet, London, in the year 1703-4. Sir Roger Jenyns, his father, was defcended from the family of the Jenyns of Churchill in Somer- fetlhire. The country refidence of Sir Roger w-as at Ely, in the ifle of the fame name, where he turned his attention to fuch kinds of bufinefs as rendered him moft beneficial to his neighbours, for which amiable deport¬ ment in particular the honour of knighthood was con¬ ferred upon him by William III. Our author’s mo¬ ther, a lady of rank, learning and piety, fuperintended his education till it w'as neceffary to place him under a tutor, for which purpofe a Mr Hill was taken into the family, by whom he was inftrufted in the firft rudi¬ ments of language, with fuch other branches of know¬ ledge as were fuited to his years. At this time Mr * ^ Hil1 J E N [12 Jenyns. Hill was called to a fituation more advantageous, and —~Y~— a Mr White fucceeded him in the othce of tutor to you;"g Jenyns, a man eminent for his learning, tafte, and ingenuity, by whom he was qualified for attending the univerfity. He was admitted into St John’s College, Cambridge, in the year 1722, under Dr Edmondfon, who was at that time one of the leading tutors of the college. Here his diligence and regular deportment did him the greateft honour, and the ftridt difcipline obferved in the college w as perfectly agreeable to his natural incli¬ nations. After quitting the college, his winter rc -d dence was in London, and he lived in the country du¬ ring the fummer feafon, being chiefly employed in the profecution of fuch ftudies as wrere of a literary nature. His firft publication, a poetical effay on the art of dan¬ cing, appeared without his name in 1727 j but he was very foon difcovered, and it was confidered as a prefage of his future eminence. Soon after the death of his father, he was chofen in 1742 one of the members of parliament for the county of Cambridge, and from this period he retained his feat in the houfe of commons till the year 1780. The high opinion entertained by his conftituents of his par¬ liamentary conduft, may be learned from the unanimi¬ ty of their choice ; for he never but once experienced any oppofition. He was chofen one of the commiflion- ers of the board of trade and plantations in 1755, which office he retained till an alteration was made in the conftitution of it by authority of parliament. He was married, firft to the only daughter of Colonel Soame, of Dereham in Norfolk, who died without iffue, and afterwards to the daughter of Henry Gray, Efq. of Hackney, who furvived him. He died himfelf of a fever, after a few days illnefs, on the 18th of Decem¬ ber, 1787, leaving no iffue. His temper was mild, fweet, and gentle, which he manifefted indifcriminately to all. It wras his earneft ■wifh never to give offence to any j yet he made fuch liberal allowances for diverfities of temper, that he w'as very rarely offended with others. He was punctual in the difcharge of the duties of religion both in public and private, profefling to be better pleafed with the government and difcipline of the church of England than of any other in Chriflendom, which, however, he confidered as capable of important alterations and amendments, if it were previoufly and deliberately de¬ termined what thefe alterations Ihould be. He pofief- fed an uncommon vein of the moft lively and genuine wit, which he never made ufe of to wound the feelings of others, but was rather very much offended with thofe who did, being convinced that diftinguifhed endow'- ments of the mind are as much intended to promote the felicity of others, as of thofe who poffefs them. No man was ever a more genuine philanthropiff, as he felt moft; fenfibly for the miferies of others, and ufed every mean in his power to render them as happy as poflible. His indigent neighbours in the country he viewed as a part of his family, in which light he con¬ fidered them as entitled to his care and prote&ion. As an author, Soame Jenyns certainly deferves a place among thofe who have excelled, whether we view' him as a poet, or a writer of profe, in which latter capacity he ranks with the pureft and moft correct writers of the Englifh language. He reafons with clofenefs and pre- 2 ] J E P cifion, and comes to the conclufion he means to efta- Jen;,ns blifh by a regular chain of argument. His firft publi- It cation, on account of which he was attacked, was his Jephtliai>‘ Free Inquiry into the Nature and Origin of Evil j but " ~^ in a preface to the fecond edition he fully vindicated it againft all the calumny, flander, and mifreprefentation which had been thrown out againft it, with that tem¬ per and moderation which diftinguifhed him fo eminent¬ ly upon all occafions. His view of the Internal Evi¬ dences of the Chriftian Religion was publiftied without his name in the year 1776, which gave delight and fa- tisfaftion to many eminent judges, and made converts of numbers who had been infidels before. JEOFAILE, (compounded of three French words, Fay faille, “ I have failed”), a term in law, ufed for an overfight in pleading or other proceeding at law. The {bowing of thefe defefts or overfights was For¬ merly often pra&ifed by the counfel *, and when the jury came into court in order to try the iffue, they faid, This inqueft you ought not to take ; and after ver- divilen it 'va;> taken by the Crufaders. They founded a new kingdom, of which Jerufalem was the capital, which lafted 88 years under nine kings. At laid this kingdom was utterly ruined by Saladin j and though the Chriftians once more got pofleffion of the city, they were again obliged to relinquilh it. In 1217, the Saracens were expelled by the Turks," who have ever fince continued in poflef¬ fion ofit. The city of Jerufalem, in its moft flourifliing flate, was divided into four parts, each inclofed with its own walls; viz. 1. The old city of Jebus, which flood on" Mount Zion, where the prophets dwelt, and where David built a magnificent caftle and palace, which became the refidence both of himfelf and fucceflbrs ; on which account it was emphatically called the City vf David. 2. The lower city, called alfo the Daugh¬ ter ofTiion, being built after it ; on which flood the two magnificent palaces which Solomon built for himfelf and his queen ; that of the Maccabean princes ; and the ftately amphitheatre built by Herod, capable of containing 80,000 fpeflators ; the ftrong citadel, built by Antiochus, to command and overtop the temple, but afterwards razed by Simon the Maccabee, who reco¬ vered the city from the Syrians ; and laftly, a fecond citadel, built by Herod, upon a high and craggy rock, and called by him /Zntonia. 3. The new city, moft- ly inhabited by tradefmen, artificers, and merchants; and, 4. Mount Moriah, on which was built the fo famed temple of Solomon, deferibed in the fixth and feventh chapters of the fecond book of Kings ; and, fince then, that rebuilt by the Jews on their return from Babylon, and afterwards built almoft anew and greatly adorned and enriched by Herod. Some idea of the magnificence of this temple may be had from the following confiderations. 1. That there were no lefs than 163,300 men employed in the work. 2. That notwithflanding that prodigious num¬ ber of hands, it took up feven whole years in build¬ ing. 3. That the height of this building was 120 cubits, or 82 yards, rather more than lefs ; and the courts round it about half as high. 4. That the front on the eaft fide, was fuftained by ramparts of fquare ftone, of vaft bulk, and built up from the val¬ ley below, which laft was 300 cubits high, and be¬ ing added to that of the edifice amounted to 420 cubits ; to which, if tve add, 5. The height of the principal tower above all the refl, viz. 60, will bring o ] J E R it to 480 cubits, which reckoning at two feet to a Jcrufalem cubit, will amount to 960 feet; but according to the' length of that meafure, as others reckon it, viz. at two feet and a half, it will amount to 1200 feet ; a pro¬ digious height this from the ground, and fuch as might well make Jofephus fay, that the very defign of it was fuffieient to have turned the brain of any but Solomon. 6. Thefe ramparts, which were railed in this manner, to fill up tha prodigious chafm made by the deep valley below, and to make the area of a fuf¬ fieient breadth and length for the edifice, were 1000 cubits in length at the bottom, and 8co at the top, and the breadth of them 100 more. 7. The huge buttrefles which fupported the ramparts were of the fame height, fquare at the top, and 50 cubits broacl, and jutted out 150 cubits at the bottom. 8. The ftones, of which they were built, were, according to Jofephus, 40 cubits long, 12 thick, and 8 high, all of marble, and fo exquifitely joined, that they leemed one continued piece, or rather polifhed rock. 9. Ac¬ cording to the fame Jewilh hiftorian, there were 1453 columns of Tarian marble, and twice that number of pilaflers; and of fuch thicknefs, that three men could hardly embtace them, and their height and capitals pro¬ portionable, and of the Corinthian order. But it is likely Jofephus hath given us thefe two lafl articles from the temple of Herod, there being nothing like them mentioned by the facred hiftorians, but a great deal about the prodigious cedars of Lebanon ufed in that no¬ ble edifice, the excellent workmanfliip of them adapted to their feveral ends and defigns, together with their gildings and other curious ornaments. The only thing more we (hall venture to add is, what is affirmed in Scripture, that all the materials of this ftupendous fabric ■were finiihed and adapted to their feveral ends before they were brought to Jerufalem, that is, the Hones in their quarries, and the cedars, in Lebanon ; fo that there was no noife of axe, hammer, or any tool, heard in the rearing ofit. At prefent Jerufalem is called by the Turks Cud- fembaric, and Coudjherijf; and is reduced to a poor thinly inhabited town, about three miles in circumfe¬ rence, fituated on a rocky mountain, furrounded on all fides, except the north, with fteep afeents and deep valleys ; and thefe again environed with other hills at fome difiance from them. In the neighbourhood of the city there grew fome corn, vines, olives, &c. The ftately church erefted by the empreis Helena, on Mount Calvary, is Hill Handing. It is called the church of the fepulchre; and is kept in good repair by the generous offerings of a conftant concourfe of pil¬ grims, who annually refort to it, as well as by the contributions of feveral Chriftian princes. The walls of this church are of flone, and the roof of cedar ; the eaft end inclofes Mount Calvary, and the weft the holy fepulchre : the former is covered with a noble cupola, open at top, and fupported by 16 maffive columns. Over the high altar, at the eaft end, is another ftately dome. The nave of the church conftitutes the choir ; and in the infide aiile are ftiown the places where the moft remarkable circumftances of our Saviour’s paf- fion were tranfafted, together with the tombs of God¬ frey and Baldwin, the two firft Chriftian kings of Je¬ rufalem. In the chapel of the crucifixion is fhown the very hole in the rock in which the crofs is faid to have J E R [ 131 ] J E S Jcrufalem have been fixed. The altar in this chapel hath three '•““■'Vcroffes on it; and is richly adorned, particularly with four lamps of immenfe value that’hang before it, and are kept conftantly burning. At the weft end is that of the fepulchre, which is hewn in that form out of the folid rock, and hath a fmall dome fupported by pillars of porphyry. The cloifter round the fepulchre is divided into fundry chapels, appropriated to the fe- Veral forts of Chriftians who refide there j as Greeks, Armenians, Maronites, Jacobites, Copts, Abyffines, Georgians, &c. and on the north-well fide of it are the apartments of the Latins, who have the care of the church, and are forced to reiide conftantly in it j the Turks keeping the keys of it, and not fuftering any of them to go out, but obliging them to re¬ ceive their provisions in at a wicket. At Eafter there are fome grand ceremonies performed in the church, reprefenting our Lord’s paflion, crucifixion, death, and refurreftion, at which a vaft concourle of pilgrims commonly aflift. For a particular ac¬ count of them, we refer the reader to Do&ors Shaw and Pococke. On Mount Moriah, on the fouth-eaft part of the city, is an edifice called Solomon's Temple, (landing on or near the fame fpot^ as the ancient •, but when or by whom erefted is uncertain. In the midft of it is a Turkifh mofque, where the Jewilh famftum fan&orum is fuppofed to have flood. The building, > ^ which Dr Pococke thinks muft have been formerly a Chriflian church, is held in the utmoft veneration by the Turks. The city is nowr under the government of a fangiac, who refides in a houfe faid to have been that of Pon¬ tius Pilate, over-againft the cattle of Antonia built by Herod the Great. Many of the churches eretled in memory of fome remarkable gofpel tranfa&ion, have been fince converted into mofques \ into fome of which money will procure admittance, but not into others. Both the friars and other Chriftians are kept fo poor by the tyranny of the government, that the chief fup- port and trade of the place confifts in providing ftran- gers with food and other accommodations, and felling them beads, relics, and other trinkets, for which they are obliged to pay confiderable fums to the fangiac, as well as to his officers j and thofe are feldom fo well contented with their ufual duties, but they frequently extort fome freih ones, efpecially from the Francifcans, whofe convent is the common receptacle for all pil¬ grims, and for which they have confiderable allowan¬ ces from the pope, and other crowned heads, befides the prefents which llrangers generally make them at their departure. The moft remarkable antiquities in the neighbourhood of Jerufalem are, 1. The pools of Bethelda and Gihon } the former 120 paces long, 40 broad, and at leaft eight deep, but now without wa¬ ter •, and the old arches, which it liill difcovers at the weft end, are quite dammed up : the other, which is about a quarter of a mile without Bethlehem gate, is a very ftately relick, 106 paces long, and 60 broad, lined wfith a wall and plafter, and ftill well ftored with water. 2. The tomb of the Virgin Mary, in the val¬ ley of Jehoftiaphat, into which one defcends by a mag¬ nificent flight of 47 fteps. On the right hand, as one goes down is alfo the fepulchre of St Ann, the mo¬ ther, and on the left that of Jofeph the hufband, of the virgin-mother : fome add likewife that of Jehoia- Jenifaleim kim her father. In all thefe are erected altars for , priefts of all forts to fay mafs, and the whole is cut in- '* to the folid rock. 3. The tomb of King Jehoftiaphat, cut likewife into the rock, and divided into feveral apartments j in one of which is his tomb, which is a~ domed with a ftately portico and entablature over it. 4. That commonly called Abfaloin's pillar or place, as being generally fuppofed to be that which he is faid to have erefted in his lifetime to perpetuate his me¬ mory, as he had no male iflue. The place, however, both within and without, hath more the refemblanee of a fepulehre than any thing elfe : though we do not read that he was buried there, neither do the people here affirm that he was. There is a great heap of ftones about it, which is continually increafing j the fuperftitious Jews and Turks always throwing feme as they pafs, in token of their abhorrence of Abfalom’s unnatural rebellion againft fo good and holy a parent. The itrufture itfelf is about 20 cubits fquare, and 60 high, rifing in a lofty fquare, adorned below with four columns of the Ionic order, with their capitals, enta¬ blatures, &c. to each front. From the height of 20 to 40 cubits, it is fomewhat lefs, and quite plain, ex¬ cepting a finall fillet at the upper end ; and from 40 to the top it changes into a round, which grows gra¬ dually into a point, the whole cut out of the fulidrock. There is a room within, confiderably higher than the level of the ground without, on the fides of which are niches, probably to receive coffins. 5. A little eaft- ward of this is that called the tomb of Zechariah, the fon of Barachiahj whom the Jews flew between the temple and the altar, as is commonly fuppofed. This fabric is all cut out of the natural rock, 18 feet high, and as many fquare 5 and adorned with Ionic columns on each front, cut likewife out of the fame rock, and fupporting a cornice. The whole ends in a pointed top, like a diamond. But the moft curious, grand, and elaborate pieces, in this kindt are the grotts with¬ out the walls of Jerufalem, ftyled the royal fepulchres ; but of what kings is not agreed on. They confift of a great number of apartments, fome of them fpacious, all cut out of the folid marble rock ; and may juft- ly be pronounced a royal work, and one of the moft noble, furprifing, and magnificent. For a particular account of them we muft refer the reader, for want of room, to Pococke’s Travels. In the neighbour¬ hood of Jerufalem is a fpot of ground, about 30 yards long, and 15 broad, now the burying place of the Armenians, which is ffiown as the Aceldama, or Field of Blood, formerly the Potters Field, and fince ftyled Campo Sanclo, or the Holy Field, purchafed with the price of Judas’s treafon, for the burial of ftrangers* It is walled round, to prevent the Turks abufing the bones of Chriftians ; and one half of it is ta¬ ken up by a building in the nature of a charnel houfe. Befides the above, a great many other an¬ tiquities in the city and its environs are fhown to ftrangers; there being fcarce any place or tranfac- tion mentioned either in the Old or New Teftainent, but they fhow the very fpot of ground where the one flood, and the other \vas done •, not only here, but all over Judea. JESI, an ancient town of Italy, in the territory of the church, and in the marca or march of Ancona, R 2 with J E S [ 132 ] J E S Foundation of the or¬ der. 2 Confirmed by the pope, and from what motives. with a bifhop’s fee. It is feated on a mountain, near a river of the fame name, in E. Long. 12. 20. N. Lat. 43- 5°* JESSO, Jedso, or Yadfo, a large ifland of Alia, to flie north of Niphon, and faid to be governed by a prince tributary to the empire of Japan j but is very little known to the Europeans, fo that nothing can be faid with certainty concerning it. JESSES, ribbons that hang down from garlands or crowns in falconry j alfo Ihort ftraps of leather faftened to the hawk’s legs, and fo to vervels. JESTING, or concife wit, as diftinguifhed from continued wit or humour, lies either in the thought, or the language, or both. In the fir ft cafe it does not depend upon any particular words or turn of the expreffion. But the greateft fund of jefts lies in the language, i. e. in tropes or verbal figures 5 thofe afforded by tropes confift in the metaphorical fenfe of the words, and thofe of verbal figures principally turn upon a double fenfe of the fame word, or a fimilitude of found in different words. The third kind of jokes, which lie both in the fenfe and language, arife from figures of fentc nces, where the figure itfelf confifts in the fenfe, but the wit turns upon the choice of the words. JESUITS, or the Society of JESUS; a famous reli¬ gious order of the Romifh church, founded by Ignatius Loyola. See Ignatius.— The plan which this fana¬ tic formed of its conftitution and laws was fuggefted, as he gave out, and as his followers ftill teach, by the immediate infpiratton of heaven. But notwithftand- ing this high pretenfion, his defign met at firft with violent oppofition. The pope, to whom Loyola had applied for the fanftion of his authority to confirm the inftitution, referred his petition to a committee of car¬ dinals. They reprefented the eftablifhment to be un- neceffary as well as dangerous, and Paul refufed to grant his approbation of it. At laft, Loyola removed all his fcruples by an offer which it was impoffible for any pope to refill. He propofed, that befides the three vows of poverty, of chaftity, and of monadic obedience, which are common to all the orders of re¬ gulars, the members of his fociety fliould take a fourth vow of obedience to tbe pope, binding themfelves to go whith'erfoever he fliould command for the fervice of religion, arid without requiring any thing from the holy fee for their fupport. At a time when the papal authority had received fuch a (hock by the revolt of fd many nations from the Romiffi church 5 at a time when every part of the popilh fyftem was attacked with fo much violence and fuccefs, the acquifition of a body of men, thus peculiarly devoted to the fee of Rome, and whom it might fet in oppofition to all its enemies, was an objedft of the higheft confequence. Paul in- ftantly perceiving this, confirmed the inilitution of the Jefuits by his bull, granted the moil ample privileges to the members of the fociety, and appointed Loyola to be the firft general of the order. The event hath fully juftified Paul’s difcernment, in expefling fuch be¬ neficial confequences to tbe fee of Rome from this in¬ ftitution. In lefs than half a century, the fociety ob¬ tained ellablifhments in every country that adhered to the Roman Catholic church : its power and wealth in- creafed amazingly ; the number of its members became great j their character as well as accomplifhments were ftill greater y and the Jefuits were celebrated by the friends and dreaded by the enemies of the Romilh Jefuits. faith as the moft able and enterprifing order in the ’‘■■“-'v— church. The conftitution and laws of the fociety were per- fecfted by Laynez and Aquaviva, the two generals who fucceeded Loyola •, men far fuperior to their mailer in abilities and in the fcience of government. They framed that fyftem of profound and artful policy which diftinguifties the order. The large infufion of fanati- cifrn mingled with its regulation Ihould be imputed to Loyola its founder. Many circumftances concurred in giving a peculiarity of charafter to the order of Jefuits, and in forming the members of it not only to take greater part in the affairs of the world than any other body of monks, but to acquire fuperior influence in the condmft of them. The primary objedt of almoft all the monaftic orders The obkift is to feparate men from the world, and from any con- of the or- cern in its affairs. In the folitude and filence of the^er^nfiu" cloifter, the monk is called to work out his own falva-*ar‘ tion by extraordinary a and the genius of of the Older this formidable order; of which, however, a perfefr in Europe, knowledge has only been attainable of late. Europe had obferved, for two centuries, the ambition and power of the order. But while it felt many fatal ef¬ fects of thefe, it could not fully difcern the caufes to which they were to be imputed. It was unacquainted with many of the Angular regulations in the political conftitution or government of the Jefuits, which form¬ ed the enterpriAng fpirit of intrigue that diftinguifli- ed its members, and elevated the body itfelf to fuch a height of power.. It was a fundamental maxim with the Jefuits, from their Arft inftitution, not to publifti the rules of their order. Thefe they kept concealed as an impenetrable myftery. They never communi¬ cated them to ftrangers, nor even to the greater part of their own members. They refufed to produce them when required by courts of juftice ; and, by a ftrange ftfleciiin in policy, the civil power in different countries authorized or connived at the eftabliflimenl of an order of men, whofe conftitution and laws were concealed with a folicitude which alone was a good reafon for _ having excluded them. During the profecutions late¬ ly carried on again!! them in Portugal and France, the Jefuits have been fo inconAderate as to produce the myfterious volumes of their inftitute. By the aid of thefe authentic records, the principles of their go¬ vernment may be delineated, arid the fources of their power inveftigated, with a degree of certainty and precifion, which, previous to that event, it was impof- Able to attain. The pernicious effedts, however, of the fpirit and conflitution of this order, rendered it early obnoxious to fome of the principal powers in Europe, and gra¬ dually brought on its downfal. The emperor Charles V. favv it expedient to check its progrefs in his domi¬ nions ; it was expelled England, by proclamation of James I. in 1604; Venice, in 1606 j Portugal, in 1 7 ;9 ; France, in 1764; Spain and Sicily, in 1767 ; and totally fuppreffed and aboliflied by Pope Clement XIV. in '1773. JESUITS bark. See Cinchona, Botany Index; and for its hiftory and properties, fee Cinchona and Materia Medic a Index. JESUS, the Son of SlRJCII, a native of Jerufalem, compofed about 200 B. C. the Book of Eccleflafticus, called by the Greeks “ replenilhed with vir¬ tue;” who alfo quote it under the title of the Wifdom of Jefus the fan of Sirach. His grandfon, who was alfo of the fame name, and a native of Jerufalem, tranflated it from the Hebrew into Greek about 121 B. C. We have this Greek verAon, but the Hebrew text is loft. Jesus Christ, the Son of God, and Saviour of mankind, defcended from heaven, and took upon him the human nature in Judaea, towards the concluAon of the reign of Herod the Great, king of that country. The place of his birth was Bethlehem, a flourifliing city of Judah; but the year in which he was b(,rn is not precifely afcertained. The moft general opinion is that it happened about the year of Rome 748 or 749, and about 18 months before the death of Herod. Four infpired writers have tranfmitted to us an account of the life of Jefus Chrift. They mention particularly his birth, lineage, family, and parents ; but fay very little concerning his infancy and earlier youth. Herod being informed that the Meffiah, or king of the Jews, fo much fpoken of by the prophets, was now born, being afraid that his kingdom ftiould now be taken away, contrived how to deftroy his fuppofed rival : but Chrift, being carried, while very young, into Egypt, efcaped the cruelty of the tyrant; who, being determined to make fure work, made a general maf- facre of the infants about Bethlehem, from the age of two years and under. After the death of Herod, our Saviour was brought back to Judea ; but we are totally ignorant of what his employment was during the interval between his return thither and the time of his entering upon the miniftry. We know only, that when he w^as but 12 years of age, he difputed in the temple with the moft learned of the Jewifti doftors ; whom he furprifed with his knowledge, and the anfwers he gave to their queftions. After this, as the feripture tells us, he continued* Jefuits 11 . Jefus Chrift. \ J E S f i Jefus Chrifhcontinued with his parents, and was fubject to theni, till he entered upon his miniftryv It is faid, indeed, though upon no hire foundation, that during this pe¬ riod he followed the trade of his father, who ivas a carpenter. In the 30th year of his age, he began his public miniftry ; to which the attention of the people was drawn by the preaching of John, a prophet mira- culoully infpired of God to proclaim the exiftence et the Saviour, as now defeended upon earth, and vifible to the eyes of all j and by this prophet Chrill hirafelf was baptifed in the waters of Jordan, that he might not, in any point, «egle£t to anfwer the demands of the Jewilh law. It is not neceffary here to enter into a particular detail of the life and actions of Jefus Chrift. Every / one knows, that his life was one continued fcene of the moft perfect fanftity, and the purell and moft ac¬ tive virtue ; not only without fpot, but alfo beyond the reach of fufpicion. And it is alfo well known, that by miracles of the moft ftupendous kind, and not more ftupendous than falutary and beneficent, he dif- played to the univerfe the truth of that religion which he brought with him from above, and demonftrated the reality of his divine commiffion in the moft illuf- trious manner. For the propagation of his religion through the country of Judaea, our Saviour chofe 12 apoftles ; whom, however, he fent out only once, and after their return kept them conftantly about his per¬ son. But, befides thefe, he chofe other 70, whom he difperfed throughout the country. There have been many conjeftures concerning the reafon why the number of apoftles was fixed at 12, and that of the other teachers at 70. The firft, how¬ ever, was, according to our Saviour’s own wrords (Matt, xix. 28.), an allufion to the 12 tribes of Ifrael, there¬ by intimating that he was the king of thefe 12 tribes j and as the number of his other meflengers anfwers evidently to that of the fenators who compofed the Sanhedrim, there is a high degree of probability in the conjectures of thofe who think that Chrift by this 1 number defigned to admonifh the Jews, that the au¬ thority of their Sanhedrim was now at an end, and that all power with refpeft to religious matters was veiled in him alone. His miniftry, however, was con¬ fined to the Jews j nor, while he remained upon earth, did he pi rmit his apoftles or difciples to extend their labours beyond this favoured nation. At the fame time, if we confider the illuftrious adds of mercy and benevolence that were performed by Chrift, it will be natural to conclude, that his fame muft foon have fpread abroad in other countries. Indeed this feems , probable from a pafiage in fcriptufe, where we are told that fome Greeks applied to the apoftle Philip in order to fee Jefus. We learn alfo from authors of no See Ai- fmall note, that Abgarus * king of Edefia, being feized gurus. wit}j a fevere and dangerous illnefs, wrote to our Lord, imploring his adiftance •, and that Jefus not only fent him a gracious anfwer, but alfo accompanied it with his piCiure, as a mark of his efteem for that pious prir e< Thefe letters are ftill extant •, but by the ju¬ dicious part of mankind are univerfally looked upon as fpurious ; and indeed the late Mr Jones, i . his treatife ntitled A neend full method cf fettling the canonkal out horny of the New Tefament ^ hath offered 36 1 JET reafons which feem almoft unanfwerable againft the authenticity of the whole tranfaCliom The preaching of our Saviour, and the numberlefs miracles he performed, made fuch an irapreflion on the body of the Jewilh nation, that the chief priefts and leading men, jealous of his authority, and pro¬ voked with his reproaching them with their wicked lives, formed a confpiracy againft him. For a confi- derable time their defigns proved abortive ; but at laft Jefus, knowing that he had fulfilled every purpofe for which he came into the world, fuffered. himfelf to be taken through the treachery of one of his difciples, named Judas Ifcariot, and was brought before the San¬ hedrim. In this affembly he was aceufed of blafphemy $ and being afterwards brought before Pilate the Ro¬ man governor, where he was accufed of fedition, Pi¬ late was no fooner fet down to judge in this caufe, than he received a meffage from his wife, defiring him to have nothing to do with the affair, having that very day had a frightful dream on account of our Saviour, whom {he called that jujl man. The governor, inti*, midated by this meffage, and ftill more by the majefty of our Saviour himfelf, and the evident falfehood of the accufations brought againft him, was determined if poflible to fave him. But the clamours of an en¬ raged populace, who at laft threatened to accufe Pi¬ late himfelf as a traitor to the Roman emperor, got the better of his love of juftice, which indeed on other occafions was not very fervent. Our Saviour was now condemned by his judge, though contrary to the plaineft diftates of reafon and juftice *, was executed on a crofs between two thieves, and very foon expired. Having continued three days in a ftate of death, he rofe from the dead, and made himfelf vifible to his difciples as formerly. He con- verfed with them 40 days after his refurreftion, and employed himfelf during that time in inftrufling them more fully concerning the.nature of his kingdom 5 and having manifefted the certainty of his refurrec- tion to as many witneffes as he thought proper, he was, in the prefence of many of his difciples, taken up into heaven, there to remain till the end of the world. See Christianity. JET, a black inflammable fubftance of the bitumi¬ nous kind, harder than afphaltum, and fufceptible of a good polifti. It becomes eleftrical by rubbing, attraft- ing light bodies like yellow amber. It fwims on water, fo that its fpecific gravity muft be lefs than 1000 j notwithftanding which it ha* been frequently con¬ founded with the lapis ohf dianus^ the fpecific gravity of which, according to Kirwan, is no lefs than 1744. It alfo refembles cannel-coal extremely in its hardnefs, receiving a polifti, not foiling the fingers, &c. fo that it has alfo been confounded with this. The diftindlion, however, is eafily made betwixt the two ; for cannel- coal wants the eleftrical properties of jet, and is like- wife fo heavy as to fink in water $ its fpecific gravity being no iefs than 1273 i whereas that of jet, as has already been faid, is lefs than 1000. M. Magellan is of opinion that jet is a true amber, differing from ihe yellow kind only in the mere eir- cumftance of rolour, and being lighter on account of the great quantity of bituminous matter which enters into its competition. When burning it emits a Jefus Clirift, Jet. JEW [ i Jet a bituminous fmell. It is never found in ftrata or con- J j tinned maffes like foflil Hones ; but always in feparate >L, . and unconnected heaps like the true amber. Great quantities of it have been dug up in +he Pyrenaean mountains ; alfo near Bata/ia, a {mail town of Portu¬ gal ; and in Gallicia in Spain. It is found alfo in Ire¬ land, Sweden, Pruffia, Germany, and Italy. It is ufed in making fmall boxes, buttons, bracelets, mourning jewels, &c. Sometimes alfo it is employed in conjunc¬ tion with proper oils in making varnifhes. When mix¬ ed with lime in powder, it is faid to make very hard and durable cement. JET rJ'Ean, a French term, frequently alfo ufed with us, for a fountain that calls up water to a conliderable height in the air. JETTE, the border made round the Hilts under a pier, in certain old bridges, being the fame with flar- ling.j eonfifling of a firong framing of timber filled with Hones, chalk, &c. to preferve the foundations of the piers from injury. JETTY-HEAD, a name ufually given in the royal dock-yards to that part of a wharf which projects be¬ yond the refl ; but more particularly the front of a w harf, whofe Hde forms one of the cheeks of a dry or wet dock. JEWEL, any precious Hone, or ornament befet with tWu. See Diamond, Ruby, &c. Jewels made a part of the ornaments with which the Jews, Greeks, aud Romans, efpecially their ladies of diHindtion, adorned themfelves. So prodigious was the extravagance of the Roman ladies, in particular, that Pliny the elder fays he faw Lollio Paulina with an equipage of this kind amounting, according to Dr Arbuthnot’s calculation, to 322,916!. 13s. 4d. of our money. It is worthy of obfervation, that precious Hones among the Romans and all the ancients were much fcarcer, and confequently in higher efleem, than they are amongH us, finee a commerce has been opened with the Indies.—The ancients did not know how to cut and polifh them to much perfedtion ; but coloured Hones were not fcarce, and they cut them very well cither hollow or in relief.—When luxury had gained ground amongH them, the Romans hung pendants and pearls in their ears; and for this purpofe the ears of both fexes were frequently bored. See Ears. Jewel, Jo/tn, a learned Englifli writer and bifhop, was born in 1522, and educated at Oxford. In 1340 lie proceeded A. B. became a noted tutor, and was loon after chofen rhetoric lediurer in his college. In February 1544, he commenced A. M. He had early imbibed ProteHant principles, and inculcated the fame to his pupils j but this was carried on privately till the accefiion of King Edward VI. in 1546, when he made a public declaration of his faith, and entered into a clofe friendlhip with Peter Martyr, who was made profelfor of divinity at Oxford. In 1550, he took the degree of B. D. and frequently preached be¬ fore the univerfity with great applaufe. At the fame time he preached and catechifed every other Sunday at Sunningwell in Berklhire, of which church he was redlor. Upon the acceflion of Oueen Mary to the crown in 1533, he was one of the firH who felt the yage of the florm then raifed againH the reformation *, for before any law was made, or order given by the queen, he was expelled Corpus Chrifti college by the ¥ql. XI. Part I. 37 ] J E W fellows, by their own private authority ; but he con- Jewel, tinued in Oxford till he was called upcn to fubfcrlbe to fome of the Popilli doctrines, under the ievereft penalties, which he iubniitted to. However, this did not procure his fafety ; for he was obliged to fly, and after encountering many difficulties, arrived at Frank¬ fort, in the 2d year of Queen Mary’s reign, where he made a public recantation of his fubfcription to the Popiffi doftrines. Thence he went to Strafburgh, and afterwards to Zurich, where he attended Peter Mar¬ tyr, in whofe houfe he refided. He returned to Eng¬ land in 1338, after Queen Mary’s death j and in 13 59, was confecrated bithop of Salifbury. This promotion was given him as a reward for his great merit and learning •, and another atteflation of thefe was given him by the univerfity of Oxford, who, in 1363, con¬ ferred on him in his abfence the degree of D. D. In this chara&er he attended the queen to Oxford the following year, and prefided at the divinity deputa¬ tions held before her majefly on that occafion. Fie had before greatly difiinguiffied himfelf by a fermon preached at St Paul’s crofs, prefently after he was made a biffiop, wherein he gave a public challenge to all the Roman Catholics in the world, to produce but one clear and evident teltimony out of any father or famous writer, who flouriffied within 600 years after Chrifl, for any one of the articles which the Roma- nifis maintain againH the church of England 5 and two years afterwards, he publiflied his famous apology for this church. In the mean time, he gave a parti¬ cular attention to his diocefe j where he began in his firH vifitation, and perfected in his lad, fuch a refor¬ mation, not only in his cathedral and parochial churches, but in all the churches of his jurifdisSlion, as procured him and the whole order of biffiops due re¬ verence and efleem. For he was a careful overlooker and drift obferver, not only of all the flocks, but alfo of the paflors, in his diocefe : and he watched fo nar¬ rowly upon the proceedings of his chancellor and arch¬ deacons, and of his ftewards and receivers, that they had no opportunities of being guilty of opprefiion, in- juflice, or extortion, nor of being a burden to the peo¬ ple, or a fcandal to himfelf. To prevent thefe and the like abufes, for which the ecclefiaflical courts are often too juflly cenfured, he fat often in his confiflory-court, and faw that all things were carried rightly there : he alfo fat often as affiflant on the bench of civil juf- tice, being himfelf a juflice of the peace. Amidfl thefe employments, however, the care of his health was too much negle£led ; to which, indeed, his general courfe of life was totally unfavourable. He rofe- at four o’clock in the morning ; and, after prayers with his family at five, and in the cathedral about fix, he was fo fixed to his Hudies all the morning, that he could not without great violence be drawn from them : After dinner, his doors and ears were open to all fuitors $ and it was obferved of him, as of Titus, that he never fent any fad from him. Suitors being thus difmiffed, he heard, with great impartiality and patience, fuch caufes debated before him, as either devolved to him as a judge, or were referred to him as an arbitrator 5 and if he could fpare any time from thefe, he reckoned it as clear gain to his Hudy. About nine at night he called all his fervants to an account how they had (pent the day, and he went to prayers with them. From S the -m) JEW [ i33 J J E W Jewel, the chapel he withdrew again to his ftudy till near chronological lift of their judges and kings down to the < Jews. Jews. midnight, and from thence to his bed j in which* captivity. . . ... 'r" jie was t]le gentleman of his bed-chamber The Ifraelites had no king of their nation till Saul, read to him till he fell afleep. This watchful and la- Before him, they were governed, at firft by elders, as borious life, without any recreation at all, except what in Egypt 5 then by princes of God’s appointment^ as his neceflary refrefhment at meals and a very few hours Mofes and Jctfhua ; then by judges, fuch as Othniel, of reft afforded him, wafted his life too fail. He died Ehud, Shamgar, Gideon, Jephthah, Samfon, Eli, Sa- at Monkton-Farley, in 1571, in the 50th year of his muel * and laft of all by kings, as Saul, David, Solo- age. He wrote, 1. A view of a feditious bull fent in- mon, Rehoboam, &c. to England by Pope Pius V in 1569^ 2. A treatife A ^ 0j the Judges 0j yrael {n a chronological Order, on the Holy Scriptures. 3. An expofitum of St Paul s "glunihei's prefixed denote the Tears of the World. two epiftles to the Theffalonians. 4. A treatne on the facrament. 5. An apology for the national church. 2570. The death of Joftma. 6. Several fermons, controverfial treatifes, and other 2385. The government of the elders for about 15 works. years. “ This excellent prelate (fays the Rev. Mr Granger) 2592. An anarchy of about 7 years. The hiftory of was one of the greateft champions of the reformed re- Micah, the conqueft of the city of Lailh by part ligion, as he was to the church of England what Bel- of the tribe of Dan, and the war undertaken by larmine was to that of Rome. His admirable Apology the 11 tribes againft Benjamin, are all referred was tranftatcd from the Latin by Anne, the fecond of to this time. the four learned daughters of Sir Anthony Coke, and 2591. The firft fervitude under Cuftian-rifhathaim king mother of Sir Francis Bacon. It was publiftied, as it of Mefopotamia began in 2591, and lafted eight came from her pen, in 1564, with the approbation of years to 2599. the queen and the prelates. The fame Apology was 2599. Othniel delivered Ifrael in the 40th year after printed in Greek at Conftantinople, under the direc- peace eftablilhed in the land by Jolhua. tion of St Cyril the patriarch. His Defence of his 2662. A peace of about 62 years, from the deliverance Apology, againft Harding and other Popilh divines, procured by Othniel, in 2599, to 2662, when the was in fuch efteem, that Queen Elizabeth, King fecond fervitude under Eglon king of the Moa- James I. King Charles I. and four fucceffive arch- bites happened. It lafted 18 years, bilhops, ordered it to be kept chained in all parilh- 2679. Ehud delivers Ifrael. churches for public ufe. After him Shamgar governed, and the land was Jewel Blocks, in the fea language, a name given in peace till the 80th year after the firft deliver- to two fmall blocks which are fufpended at the extre- ance procured by Othniel. jnity of the main and fore top-fail yards, by means of 2699. The third fervitude under the Canaanxtes, which an eye-bolt driven from without into the middle of the lafted 20 years, from 2699 to 27•I9• yard-arm, parallel to its axis. The ufe of thefe blocks 2719. Deborah and Barak deliver the Ifraelites : from is, to retain the upper part of the top-maft ftudding- the deliverance procured by Ehud to the end fails beyond the fkirts of the top-fails, fo that each of Deborah and Barak’s government, were 40 of thofe fails may have its full force of adlion, which years. would be diminifhed by the encroachment of the other 2768. Abimekch the natural fon of Gideon is acknow- over its furface. The haliards, by which thofe ftud- ledged king by the Shechemites. ding-fails are hoifted, are accordingly paffed through 2771. He died at the fiege of Thebez in Paleftine. the jewel-blocks * whence, communicating with a block 2772. Tola after Abimelech governs for 23 years, from on the top-maft head, thpy lead downwards to the top 2772 to 2795.^ or decks, where they may be conveniently hoifted. 2795. Jair fucceeds T ola, and governs 2 2 years, from See Sail. 2795 t0 2816- JEWS, a name derived from the patriarch Judah, 2799. The fifth fervitude under the Phihftmes, which and given to the defendants of Abraham by his eldefl: lafted 18 years, from 2799 to 2817. fon Ifaac, who for a long time poffeffed the land of Pa- 2817. I he death of Jair. leftine in Afia, and are no\V difperfed through all na- 2817. Jephthah is chofen head of the Ifraelites beyond tions in the world. Jordan j he defeated the Ammonites, who op- The hiftory of this people, as it is the moft Angular, preffed them. Jephthah governed fix years, from fo is it alfo the moft ancient in the world j and the 2817 to 2823. greateft part being before the beginning of profane 2823. The death of Jephthah. hiftory, depends entirely on the authenticity, of the 2830. Ibzan governs feven years, from 2823 to 2830. Old Teftament, where it is only to be found.—To 2840. Elon fucceeds Ibzan. He governs from 2830 to repeat here what is faid in the ftcred writings would 2840. both be fuperfluous and tedious, as thofe writings are Abdon judges Ifrael eight years, from 2840 to in every perfon’s hands, and may be confulted at plea- 2848. fure. It feems moft proper therefore to commence the 2848. The fixth fervitude, under the Philiftines, which hiftory of the Jews from their return to Jerufalem from lafted 40 years, from 2848 to 2888. Babylon, and the rebuilding of their city and temple 2848. Eli the high-prieft, of the race of Ithamar, go- under Ezra and Nehemiah, when the fcripture leaves off verned 40 years, the whole time of the fervitude any farther accounts, and profane hiftorians begin to under the Philiftines. take notice of them. We ihall, however, premife a 2849. The birth of Samfon., * 2887, J E W [ 139 ] J ' E W 2887. The death of Samfon, who was judge of Ifrael during the judicature of Eli the high-prieft. 2888. The death of Eli, and the beginning of Samuel’s government, who fucceeded him. 2909. The election and anointing of Saul, firlt king of the Hebrews. > A Chronological Lift of the Kings of the Hebrews. Saul, the firft king of the Ifraelites, reigned 40 years, from the year of the world 2909 to 2949. Ehboflieth the fon of Saul fueceeded him, and reigned fix or feven years over part of Ifrael, from 2949 to 2956. David was anointed king by Samuel in the year of the world 2934 5 but did not enjoy the regal power till the death of Saul in 2949, and was not acknowledged king of all Ifrael till after the death of Ilhbolheth in 2956. He died in 2990 at the age of 70. Solomon his fon fucceeded him ; he received the royal unftion in the year 2989. He reigned alone af¬ ter the death of David in 2990. He died in 3029, af¬ ter a reign of 40 years. After his death the kingdom was divided 5 and the ten tribes having chofen Jeroboam for their king, Re- hoboam, the fon of Solomon, reigned only over the tribes of Judah and Benjamin. The Kings of Judah. Rehoboam, the fon and fuccefforof Solomon, reigned 17 years j from the year 3029 to 3046. Abijam, three years, from 3046 to 3049. Afa, 41 years, from 3049 to 3090. Jehofhaphat, 25 years, from 3090 to 3115. Jehoram, four years, from 3115 to 3119. Ahaziah, one year, from 3119 to 3120. Athaliah, his mother, reigned fix years, from 3120 to 3126. Joafh was fet upon the throne by Jehoiada the high- priell, in 3x26. He reigned 40 years, to the year 3165. Amaziah, 29 years, from 3165 to 3194. Uzziah, otherwife called Azariah, reigned 27 years, to the year 3221. Then attempting to offer ineenfe in the temple, he was ftruck with a leprofy, and obliged to quit the government. He lived after this 26 years, and died in 3246. Jotham his fon took upon him the government in the year of the world 3221. He reigned alone in 3246, and died in 3262. Ahaz fucceeded Jotham in the year of the world 3262. He reigned 16 years, to 3278. Hezekiah, 28 years, from 3278 to 3306. Manaffeh, 55 years, from the year of the world 3306 to 3361. Amon 2. years, from 3361 to 3363. Jofiah, 31 years, from 3363 to 3394. Jehoahaz, three months. Eliakim, or Jehoiakim, 11 years, from the year 3394 to 3405. Jehoiachin, or Jechoniah, reigned three months and ten days, in the year 3405. Mattaniah, or Zedekiah, reigned 11 years, from 3405 to 34x6. In the laft year of his reign Jerufa- lem was taken, the temple burnt, and Judah carried into captivity beyond the Euphrates. Kings of Ifrael. Jeroboam reigned 22 years, from 3029 to 3051. Nadab, one year. He died in 3051. Baafha, 22 years, from 3052 to 3074. Jew£, Elah, two years. He died in 3075. ^ Zimri, feven days. Omri, 11 years, from 3075 to 3086. He had a competitor Tibni, who fucceeded, and died in what year we know not. Ahab, 21 years, from 3086 to 3107, Ahaziah, two years, from 3106 to 3108. Jehorara, the fon of Ahab, fucceeded him in 3IQ8, He reigned 12 years, and died in 3120. Jehu ufurped the kingdom in 3x20, reigned 28 years, and died in 3148. Jehoahaz reigned 17 years, from 3148 to 3165. Joafh reigned 14 years, from 3165 to 3179. Jeroboam II. reigned 41 years, from 3179 to 3220. Zachariah, 12 years, from 3220 to 3232. Shallum reigned a month. He was killed in 3233. Menahem, 10 years, from 3233 to 3243. Pekahiah, two years, from 3243 to 3245. Pekah 20 years, from 3245 to 3265. Plofhea, 18 years, from 3265 to 3283. Here the kingdom of Ifrael had an end after a duration of 253 years. % Cyrus the Great, king of Perfia, having conquered Cyrus pub- Babylon and almoft all the weftern parts of Afia, per-^es^^e' ceiving the defolate and ruinous condition in which the province of Paleftine lay, formed a defign of re- Jerufalem, ftoring the Jews to their native country, and permit- ing them to rebuild Jerufalem and re-eftablifh their W'orfhip. For this purpofe he iffued out a decree in the firit year of his reign, about 536 B. C. by which they w'ere allowed not only to return and rebuild their city, but to carry along with them all the facred veffels which Nebuchadnezzar had carried off, and engaged to defray the expence of building the temple himfelf. This offer was gladly ombraced by the more zealous Jews of the tribes of Judah, Benjamin, and Levi j but many more, being no doubt lefs fanguine about their religion, chofe to flay where they were. In 534. B. C. the foundations of the temple were laid, and matters feemed to go on profperoufly, when the undertaking was fuddenly obftrufted by the Sa¬ maritans. Thefe came at firft, expreffing an earneft defire to afiift in the work, as they worlhipped the fame God with the Jews : bdt the latter refufed thek* * affiftance, as they knew they were not true Ifraelites, but the defcendants of thofe heathens who had been tranfplanted into the country of the ten tribes after their captivity by Shalmanezer. This refufal proved the fource of all that bitter enmity which afterwards took place between the Jews and Samaritans j and the immediate confequence was, that the latter made all the oppofition in their power to the going on of 2 the work. At lall, however, all obftacles were fur- The temple mounted, and the temple finiihed as related in the finiflH books of Ezra and Nehemiah. The laft of thefe chiefs61*' died about 409 B. C. after having reftored the Jewifh worfhip to its original purity, and reformed a number of abufes which took place immediately on its com¬ mencement. But though the Jews were now reftored to the free exercife of religion, they were neither a free nor a powerful people as they had formerly been. They were few in number, and their country only a pro¬ vince of Syria, fubjeft to the kings of Perfia. The S 2 Syrian t J E W [ 140 ] W Jews. 3 . Admini- flration of affairs con- fern d on the high- priefts. 4. Interview of thehigh pric-it with Alexander the Great. Syrian governors conferred the adminiitration of af¬ fairs upon the high-priefts 5 and their accepting this office, and thus deviating from the law of Mofes, muft be confidered as one of the chief caufes of the mif- fortunes which immediately befel the people, becaufe it made room for a fet of men, who afpired at this high office merely through ambition or avarice, with¬ out either zeal for religion or love for their country. It belides made the high-priefthood capable of being difpofed of at the pleafure of the governors, whereas the Mofaic inftitution had fixed it unalienably in the family of Aaron.—Of the bad effedts of this pra&ice a fatal inftanee happened in 373 B. C. Bagofes, go¬ vernor of Syria, having contrafted an intimate friend- {hip with jeffiua the brother of Johanan the high- prieft, premifed to raife him to the pontifical office a few years after his brother had been invefted with it. Jelhua came immediately to Jerufalem, and ac¬ quainted his brother with it. Their interview hap¬ pened in the inner court of the temple ; and a feuffle enfuing, Jefhua was killed by his brother, and the temple thus polluted in the moft fcandalous manner. The confeque'nce to the Jews \vac, that a heavy fine was laid on the temple, which was not taken off till feven years after. The firft public calamity which befel the Jewifh na¬ tion after their reftoration from Babylon, happened in the year 351 B. C. ; for having fome how or other difobliged Darius Ochus king of Perfia, he befieged and took Jericho, and carried off all the inhabitants captives. From this time they continued faithful to the Perfians, infomuch that they had almoft drawn upon themfelves the difpleafure of Alexander the Great. That monarch having refolved upon the fiege of Tyre, and being informed that the city was wholly fupplied with provifions from Judea, Samaria, and Galilee, fent to Jaddua, then high-prieft, to demand of him that fupply which he had been accufiomed to pay to the Perfians. The Jewifh pontiff excufed himfelf on ac¬ count of his oath of fidelity to Darius 5 which fo pro¬ voked Alexander, that he had no fooner completed the reduction of Tyre than he marched againft Jeru¬ falem. The inhabitants, then, being with good rea- fon thrown into the utmoft confternation, had re- courfe to prayers •, and Jaddua is faid, by a divine re¬ velation, to have been commanded to go and meet Alexander. Fie obeyed accordingly, and fet out on "his journey, dreffed in his pontifical robes, at the head of all his priefts in their proper habits, and at¬ tended by the reft of the people dreffed in white gar¬ ments. Alexander is faid to have been feized with fuch awful refpeft on feeing this venerable proceffion, that he embraced the high-prieft, and paid a kind of religious adoration to the name of God engraven on the front of his mitre. His followers being furprifed at this unexpended behaviour, the Macedonian mo¬ narch informed them, that he paid that refpe£l not to the prieft, but to his God, as an acknowledgment for a vifion which he had been favoured with at Dia •, where he had been promifed the conqueft of Perfia, and encouraged m his expedition, by a perfon of much the fame afpeift and dreffed in the fame ha¬ bit with the pontiff before him. He afterwards ac¬ companied Jaddua into Jerufalem, where he offered Sacrifices in the temple. The high prieft ftiowed him alfo the prophecies of Daniel, wherein the deftru&ion Jews, of the Perfian empire by himfelf is plainly fet forth ; in confequence of which the king went away highly fa- tisfied, and at his departure alked the high-prieft: if there wras nothing in which he could gratify himfelf or his people ? Jaddua then told him, that, according to the Mofaic law, they neither fowed nor ploughed on the feventh year; therefore would efteem it a high favour if the king would be pleafed to remit their tri¬ bute in that year. To this requeft the king readily yielded ; and having confirmed them in the enjoyment of all their privileges, particularly that of living under their own laws, he departed. Whether this ftory deferves credit or not (for the whole tranfadtion is not without reafon called in que- ftion by fome), it is certain that the Jews were much favoured by Alexander ; but with him their good ^ fortune feemed alfo to expire. The country of Judea Miferable being fituated between Syria and Egypt, became fub- ftate of the j eft to all the revolutions and wars which the ambx-Jeus aiter., tious fucceffors of Alexander waged againft each other, v | At firft it was given, together with Syria and Phe- nicia, to Leomedon the Mitylenian, one of Alexander’s generals ; but he being foon after flripped of the other two by Ptolemy, Judea was next fummoned to yield to the conqueror. The Jews fcrupled to break their oath of fidelity to Leomedon; and were of confe¬ quence invaded by Ptolemy at the head of a power¬ ful army. The open country was eafily reduced j but the city being ftrongly fortified both by art and na¬ ture, threatened a ftrang refiftance. A fupefftitious fear for breaking the fabbath, however, prevented the befieged from making any defence on that day ; of wffiich Ptolemy being informed, he caufed an affault to be made on the fabbath, and eafily carried the place. At firft he treated them with great feverity, and carried 100,000. men of them into captivity 5 but reflefting foon after on their known fidelity to their conquerors, he reftored them to all the privileges they had enjoyed under the Macedonians. Of the captives he put fome into garrifons, and others he fettled in the countries of Libya and Gyrene. From thofe who fettled in the latter of thefe countries dt- feended the Cyrenean Jews mentioned by the writers of the New Teft ament. Five years after Ptolemy had fubdued Judea, he was forced to yield it to Antigonns, referving to him¬ felf only the cities of Ace, Samaria, Joppa, and Gaza j and carrying off an immenfe booty, together with a great number of captives, whom he fettled at Alexan¬ dria, and endowed with confiderable privileges and im¬ munities.—Antigonus behaved in fuch a tyrannical manner, that great numbers of his Jewifh fubjefts tied into Egypt, and others put themfelves under the pro- teftion of Seleucus, who alfo granted them confider¬ able privileges. Hence this nation came gradually to be fpread over Syria and Afia Minor •, while Ju¬ dea feemed to be in danger of being depopulated till it was recovered by Ptolemy in 292. The affairs of the Jews then took a more profperous turn, and con¬ tinued in a thriving way till the reign of Ptolemy Phi- lopater, when they were grievoufiy oppreffed by the in- curfions of the Samaritans, at the fame time that An- tiochus Theos king of Syria invaded Galilee. Ptole¬ my, however, marched againft Antiochus, and defeated him 5. . I JEW [141 Jews, him : after which, having gone to Jerufalem. to offer v—n, facrifices, he ventured to profane the temple itfelf by going into it. He penetrated through the two outer courts j but as he was about to enter the fanftuary, he ■was ftruck with fuch dread and terror that he fell down half dead. A dreadful perfeeution was then raifed again ft the Jews, who had attempted to hinder him in his impious attempt ; but this perfecution was flopped by a ftill more extraordinary accident related under the article Egypt, N° 30, and the Jews again received in- 6 to favour. Subdued by' About the year 204 B. C. the country of Judea was Antiochus fubdued by Antiochus the Great 5 and on this occa- the Great. fIon the loyalty of the Jews to the Egyptians failed them, the whole nation readily fubmitting to the king of Syria. This attachment fo pleafed the Syrian mo¬ narch, that he fent a letter to his general, wherein he acquainted him that he defigned to reftore Jerufalem to its ancient fplendor, and to recal ail the Jews that had been driven out of it ; that out of his Angular re- fpect to the temple of God, he granted them 20,000 . pieces of filver, towards the charges of the viftims, frankincenfe, wine, and oil ; 1400 meafures of fine wheat, and 375 meafures of fait, towards their ufual oblations : that the temple fiiould be thoroughly re¬ paired at his coft } that they fiiould enjoy the free ex- ereife of their religion ; and reftore the public fervice of the temple, and the priefts, Levites, fingers, &c. to their ufual functions : that no ftranger, or Jew that was unpurified, thould enter farther into the temple than was allowed by their law ; and that no ftefh of unclean beafts Ihould be brought into Jerufalem not even their Ikins : and all thefe under the penalty of paying 3000 pieces of filver into the treafury of the temple. He further granted an exemption of taxes for three years to Jew'. 7 Dreadiul commo- Sions. ] JEW Jafon’s next flop was to purchafe liberty, at the price of 150 talents more, to build a gymnafium at Jerufa- lem, fimilar to thofe which were ufed in the Grecian cities, and to make as many Jews as he pleafed free ci¬ tizens of Antioch. By means of thefe powers, he be¬ came very foon able to form a ftrong party in Judea ; for his countrymen were exceedingly fond of the Gre¬ cian cuftoms, and the freedom of the city of Antioch 8 was a very valuable privilege. From this time there- A. general fore a general apoftafy took place j the fervice of temple was negledfted, and Jafon abandoned himfelf Y p without remorfe to all the impieties and abfurdities of Pagan! fro. He did not, however, long enjoy his ill-acquired dignity. Having fent his brother Menelaus with the all the dil’perfed Jews that Ihould come within a limited time to fettle in the metropolis 5 and that all who had been fold for Haves within his dominions fhould be im¬ mediately fet free. This fudden profperity proved of no long duration. About the year 176, a quarrel happened between Onias, at that time high prieft, and one Simon, gover¬ nor of the temple, which was attended with the moft fatal confequences. The caufes of this quarrel are un¬ known. The event, however, was, that Simon finding he could not get the better of Onias, informed Apol¬ lonius governor of Coelofyria and Paleftine, that there was at that time in the temple an immenfe treafure, which at his pleafure might be feized upon for the ufe of the king of Syria. Of this the governor inftantly fent intelligence to the king, who difpatched one He- liodorus to take poffefiion of the fuppofed treafure. This perfon, through a miraculous interpofition, as the Jews pretend, failed in his attempt of entering the temple 5 upon which Simon accufed the high-prieft to the people, as the perfon who had invited Heliodorus to Jerufalem. This produced a kind of civil war, in which many fell on both fides. At laft Onias having complained to the king, Simon was banifhed ; but foon after, Antiochus Epiphanes having afcended the throne of Syria, Jafon, the high-prieft’s brother, taking ad¬ vantage of the necefiities of Antiochus, purchafed from him the high priefthood at the price of 350 talents, and obtained an order that his brother fnould be fent to Antioch, there to be confined for life. ufual tribute to Antiochus, the former took the oppor¬ tunity of fupplanting Jafon in the fame manner that he had fupplanted Onias. Having offered for the high- priefthood 3C0 talents more than his brother had gi¬ ven, he eafily obtained it, and returned with his new commiffion to Jerufalem. He foon got himfelf a ftrong party : but Jafon proving too powerful, forced Mene¬ laus and his adherents to retire to Antioch. Here, the better to gain their point, they acquainted Anti¬ ochus that they were determined to renounce their old religion, and wholly conform themfelves to that of the Greeks : which fo pleafed the tyrant, that he imme¬ diately gave them a force fufficient to drive Jafon out of Jerufalem y who thereupon took refuge among the Ammonites. Menelaus being thus freed from his rival, took care to fulfil his promife to the king with regard to the apoftafy, but forgot to pay the money he had promi- fed. At laft he was fummoned to Antioch ; and find¬ ing nothing but the payment of the promifed futn would do, fent orders to his brother Lyfimaehus to con¬ vey to him as many of the facred utenfils belonging to the temple as could be fpared. As thefe were all of gold, the apoftate foon raifed a fufficient fura from them not only to fatisfy the king, but alfo to bribe the cour¬ tiers in his favour. But his brother Onias, who had been all this time confined at Antioch, getting intelligence of the facrilege, made fuch bitter complaints, that an infurreftion was ready to take place among the Jews at Antioeh. Menelaus, in order to avoid the impending danger, bribed Andronicus, governor of the city, to murder Onias. This produced the moft vehement complaints as foon as Antiochus returned to the capi¬ tal (he having been abfent for fome time in order to quell an infurreftion in Cilicia) ; which at laft ended in the death of Andronieus, who was executed by the king’s order. By dint of money, however, Menelaus ftill found means to keep up his credit; but was obli¬ ged to draw fuch large fums from Jerufalem, that the inhabitants at laft maffacred his brother Lyfimachus, whom he had left governor of tho city in his abfence. Antiochus foon after took a journey to Tyre ; upon which the Jews fent deputies to him, both to juftify the death of Lyfimachus, and to accufe Men^laus of being the author of all the troubles which had hap¬ pened. The apoftate, however, was never at a lofs while he could procure money. By means of this powerful argument, he pleaded his caufe fo effeflually, that the deputies were not only caft, but put to death ; and this unjuft lenience gave the traitor fuch a complete viftory Jews. 9 Jerufalem taken by Antiodins Epiphanes, JEW [i over all Ills enemies, that from thenceforth he com- * menced a downright tyrant. Jerufalem was deftitute of proteftors j and the fanhedrim, if there were any zealous men left among them, were fo much terrified, that they durft not oppofe him, though they evidently faw that his defign was finally to eradicate the religion and liberties of his country. In the mean time, Antiochus was taken up with the conqueft of Egypt, and a report was fomehow or other fpread that he had been killed at the fiege of Alexan¬ dria. At this news the Jews imprudently ftiowed fome figns of joy j and Jafon thinking this a proper oppor¬ tunity to regain his loft dignity, appeared before Je¬ rufalem at the head of about 1000 refolute men. The gates were quickly opened to him by fome of his friends in the city •, upon which Menelaus retired into the citadel, and Jafon, minding nothing but his re- fentment, committed the moft horrid butcheries. At laft he was obliged to leave both the city and country, on the news that Antiochus was coming with a power¬ ful army againft him ; for that prince, highly provoked at this rebellion, and efpecially at the rejoicings the 4Jews had made on the report of his death, had aftually refolved to punifti the city in the fevereft manner. Accordingly, about 170 B. C. having made himfelf mafter of the city, he behaved with fuch cruelty, that within three days they reckoned no fewer than 40,000 killed, and as many fold for Haves. In the midft of this dreadful calamity, the apoftate Menelaus found means not only to preferve himfelf from the general flaughter, but even to regain the good graces of the king, who having by his means plundered the temple of every thing valuable, returned to Antioch in a kind of triumph. Before he departed, however, he put Ju¬ dea under the government of one Philip, a barbarous Phrygian ; Samaria under that of Andronicus, a per- fon of a fimilar difpofition , and left Menelaus, the moft hateful of all the three, in poffeflion of the high-prieft- hood. Though the Jews fuffered exceedingly under thefe tyrannical governors, they wrere ftill referved for greater calamities. About 168 B. C. Antiochus having been moft feverely mortified by the Romans, took it into his head to wreak his vengeance on the unhappy Jews. For this purpofe he difpatched Apollonius at the head of 22,000 men, with orders to plunder all the cities of Judea, to murder all the men, and fell the women and children for flaves. Apollonius accordingly came with his army, and to outward appearance with a peaceable intention ; neither was he fufpefted by the Jews, as he was fuperintendant of the tribute in Paleftine. He kept himfelf inaftive till the next fabbath, when they were all in a profound quiet; and then, on a fudden, commanded his men to arms. Some of them he fent to the temple and fynagogues, with orders to cut in pieces all whom they found there 5 wbilft the reft go¬ ing through the ftreets of the city maftacred all that came in their way •, the fuperftitious Jews not attempt¬ ing to make the leaft refiftance for fear of breaking 11 the fabbath. He next ordered the city to be plun- The temple dered and fet on fire, pulled down all their {lately buildings, caufed the walls to be demoliihed, and car- Jewifh'm- r‘ec^ awa7 captive about x0,000 of thofe who had ligion s.bo. efcaped the {laughter. From that time the fervice of ihiied. the temple was totally abandoned j that place having 10 His mon ftrous -cruelty. 42 ] J E W been quite polluted, both with the blood of multitudes Jew?/ who had been killed, and in various other ways. The ^ Syrian troops built a large fortrefs on an eminence in the city of David ; fortified it with a ftrong wall and {lately towers, and put a garrifon in it to command the temple, over againft which it was built, fo that the foldiers could eafily fee and fally out upon all thofe who attempted to come into the temple 5 fo many of whom were continually plundered and murdered by them, that the reft, not daring to ftay any longer in Jerufalem, fled for refuge to the neighbouring nations. Antiochus, not yet fatiated with the blood of the Jews, refolved either totally to abolifti their religion, or deftroy their whole race. He therefore iffued out a de¬ cree that all nations within his dominions fliould for- fake their old religion and gods, and worfnip thofe of the king under the moft fevere penalties. To make his orders more effectual, he fent overfeers into every province to fee them ftriftly put in execution and as he knew the Jews were the only people who would dif- obey them, fpecial diredlions Were given to have them treated with the utmoft feverity. Atheneas, an old and cruel minifter, well verfed in all the pagan rites, was fent into Judea. He began by dedicating the temple to Jupiter Olympius, and fetting up his ftatue on the altar of burnt-offerings. Another leffer altar was raifed before it, on which they offered facrifices to that falfe deity. All who refufed to come and worftiip this idol were either maffacred or put to fome cruel tor¬ tures till they either complied or expired under the hands of the executioners. At the fame time, altars, groves, and ftatues, were raifed everywhere through the country, and the inhabitants compelled to worftiip them under the fame fevere penalties; while it was in- ftant death to obferve the fabbath, ciroumcifion, or any other inftitution of Mofes. J2 At laft, wh£n vaft numbers had been put to cruel Reftored by deaths, and many more had faved their lives by their Mattathias. apoftafy, an eminent prieft, named Mattat/iias, began to fignalize himfelf by his bravery and zeal for reli¬ gion. He had for fome time been obliged to retire to Mod in his native place, in order to avoid the perfecu- tion which raged at Jerufalem. During his recefs there, Apelles, one of the king’s officers, came to oblige the inhabitants to comply with the above-mentioned orders. By him Mattathias and his fons were addreffed in the moft earneft manner, and had the moft ample promifes made them of the king’s favour and prote&ion if they would renounce their religion. But Mattathias anfwer- ed, that though the whole Jewiffi nation, and the whole world, were to conform to the king’s edift, yet both he and his fons would continue faithful to their God to the lafl: minute of their lives. At the fame time per¬ ceiving one of his countrymen juft going to offer facri¬ fices to an idol, he fell upon him and inftantly killed him, agreeable to the law of Mofes in fuch cafes. Up¬ on this his fons, fired with the fame zeal, killed the officer and his men ; overthrew the altar and idol j and running abput the city, cried out, that thofe who were zealous for the law of God ffiould follow them j by which means they quickly faw themfelves at the head of a numerous troop, -with whom they foon after with¬ drew into fome of the deferts of Judea. They Avere fol¬ lowed by many others, fo that in a ffiort time they found themfelves in a condition to refill their enemies j and JEW [ H3 ] J E W Jews. 13 Exploits cf Judas Mac¬ cabeus. H Dreadful death ©f Antiochus Epiphanes. and having confidered the danger to which they were expofed by their fcrupulous obfervance of the fabbath, they refolved to defend themfelves, in cafe of an attack, upon that day as well as upon any other. In the year 167 B. C. Mattathias finding that his followers daily increafed in number, began to try his ftrength by attacking the Syrians and apoftate Jews. As many of thefe as he took he put to death, but forced a much greater number to fly for refuge into foreign countries j and having foon ftruck his enemies with terror, he marched from city to city, overturned the idolatrous altars, opened the Jewiflr fynagogues, made a diligent fearch after all the facred books, and caufed frelh copies of them to be written } he alfo cauf- ed the reading of the Scriptures to be refumed, and all the males born fince the perfecution to be circumcifed. In all this he was attended with fuch fuccefs, that he had extended his reformation through a confiderable part of Judea within the fpace of one year : and would probably have completed it, had he not been prevented by death. Mattathias was fucceeded by his' fon Judas, furna- med Maccabeus, the greateft uninfpired hero of whom the Jews can boaft. His troops amounted to no more than 6000 men •, yet with thefe he quickly made him- felf mailer of fome of the ftrongeft fortreffes of Judea, and became terrible to the Syrians, Samaritans, and apoftate Jews. In one year he defeated the Syrians in five pitched battles, and drove them quite out of the country j after which he purified the temple, and re- ftored the true worfhip, which had been interrupted for three years and a half. Only one obflacle now re¬ mained, viz. the Syrian garrifon above-mentioned, which had been "placed over againfl the temple, and which Judas could not at prefent reduce. In order to prevent them from interrupting the worfnip, however, he fortified the mountain on which the temple flood, with a high wall and flrong towers round about, leaving a garrifon to defend it 5 making fome additional forti¬ fications at the fame time to Bethzura, a fortrefs at about 20 miles diftance. In the mean time Antiochus being on his return from an unfuccefsful expedition into Perfia, received the difagreeable news that the Jews had all to a man revolted, defeated his generals, driven their armies out of Judea, and reflored their ancient worfhip. This threw him into fuch a fury, that he commanded his charioteer to drive with the utmofl fpeed, threatening utterly to extirpate the Jewifh race, without leaving a fingle perfon alive. Thefe words were fcarce uttered, when he was feized with a violent pain in his bowels, which no remedy could cure or abate. But notwith- flanding this violent fhock, fuffering himfelf to be hur¬ ried away by the tranfports of his fury, he gave orders for proceeding with the fame precipitation in his jour¬ ney. But while he was thus haftening forward, he fell from his chariot, and was fo bruifed by the fall, that his attendants were forced to put him into a litter. Not being able to bear even the motion of the litter, he was forced to halt at a town called Tabce on the confines of Perfia and Babylonia. Here he kept his bed, fuffering inexpreflible torments, occafioned chief¬ ly by the vermin which bred in his body, and the flench, which made him infupportable even to hirafelf. But the torments of his mind, caufed by his reflecting 1 4 Jews. on the former aClions of his life, furpaffed by many ( degrees thofe of his body. Polybius, who in his ac¬ count of this prince’s death agrees with the Jewifh hi- ilorians, tells us, that the uneafinefs of his mind grew at lafl to a conflant delirium or flate of madnefs, by reafon of feveral fpeftres and apparitions of evil genii or fpirits, which he imagined rvere continually re¬ proaching him with the many wicked afticns of w’hich he had been guilty. At lail, having languifhed for fome time in this miferable condition, he expired, and by his death freed the Jews from the mofl inveterate enemy they had ever known. Notw'ithflanding the death of Antiochus, however, the war was ftill carried on againfl the Jews j but through the valour and good conduft of Judas, the Syrians were conflantly defeated, and in 163 B. C. a peace was concluded upon terms very advantageous to the Jewiflr nation. This tranquillity, however, was of no long continuance ; the Syrian generals renewed their hollilities, and were attended with the fame ill fuccefs as before. Judas defeated them in five engage¬ ments ; but in the fixth was abandoned by all his men except 800, who, together with their chief, were flain in the year 161 B. C. 15 The new s of the death of Judas threw his country-Exploits of men into the utmofl conflernation, and feemed to give Jonatll2n> new life to all their enemies. He was fucceeded, how-jj™°"^an ever, by his brother Jonathan 5 who conduCled mat¬ ters with no lefs prudence and fuccefs than Judas had done, till he wras treacheroufly .feized and put to death by Tryphon, a Syrian ufurper, who fliortly after mur¬ dered his own fovereign. The traitor immediately prepared to invade Judea ^ but found all his projeCls fruftrated by Simon, Jonathan’s brother. This pontiff repaired all the fortreffes of Judea, and furnifhed them with frefh garrifons, took Joppa and Gaza, and drove out the Syrian garrifon from the fortrefs of Jerufalem j but was at lafl treacheroufly murdered by a fon-in-law named Ptolemy, about 135 B. C. Simon was fucceeded by his fon Hyrcan; who not only fhook off the yoke of Syria, but conquered the Samaritans, demolifhed their capital city, and became mailer of all Palefline, to which he added the provinces of Samaria and Galilee j all which he enjoyed till w ith- in a year of his death, without the leafl diflurbance from without, or any internal difeord. His reign was no lefs remarkable on the account of his great wifdom and piety at home than his conquefts abroad. Pie was the firfl fince the captivity who had affumed the royal title •, and he raifed the Jew'ifh nation to a greater degree of fplendor than it had ever enjoyed fince that time. The author of the fourth book of the Macca¬ bees alfo informs us, that in him three dignities were centered which never met in any other perfon, name¬ ly, the royal dignity, the high-prieflhood, and the gift of prophecy. But the inllances given of this lafl are very equivocal and fufpicious. The lall year of his reign, however, was embittered by a quarrel with the Pharifees 5 and which proceeded fuch a length as was thought to have fhortened his days. Hyrcan had al¬ ways been a great friend to that fe£l, and they had hitherto enjoyed the mofl honourable employments in the flate *, but at length one of them, named Elea- tsar, took it into his head to queflion Hyrcan’s legiti¬ macy, alleging, that his mother had formerly been a Have, Jews. 16 great con¬ queror. JEW [i flave, and confequently that he M as incapable of en¬ joying the high-priefthood. This report was credited, or pretended to be fo, by the whole fe£l ; which irri¬ tated the high-prieft to fuch a degree, that he joined the Sadducees, and could never afterwards be recon¬ ciled to the Pharifees, who therefore raifed all the troubles and feditions they could during the fhort time he lived. Hyrcan died in 107 B. C. and was fucceeded by his eldeft fon AriftobuLus, who conquered Iturea, but proved a moll cruel and barbarous tyrant, polluting his hands with the blood even of his mother and one of his brothers, keeping the reft clofely confined du- Alexander ring his reign, which, however, was but Ihort. He Jannseus, a was fucceeded in 105 by Alexander Jannseus, the greateft conqueror, next to King David, that ever fat on the Jewilh throne. He was hated, however, by the Pharifees, and once in danger of being killed in a tumult excited by them 5 but having caufed his guards to fall upon the mutinous mob, they killed 6000 of them, and difperfed the reft. After this, finding it impolfible to remain in quiet in his own kingdom, he left Jerufalem, with a defign to apply himfelf wholly to the extending of his conquefts ; but while he was bufied in fubduing his foreign enemies, the Pharxfees raifed a rebellion at home. This -was qua Hied in the year 86 B. C. and the rebels were treated in the moft inhuman manner. The fa£txon, however, was by this means fo thoroughly quelled, that they never dared to lift up their heads as long as he lived : and Alexan¬ der having made feveral conquefts in Syria, died about 79 B. C. The king left two fons, Hyrcanus and Ariftobulus 5 but bequeathed the government to his wife Alexandra as long as fhe lived : but as he faw her greatly afraid, Contefts be-an<^ not without reafon, of the refentment of the Pha- tween his rifees, he defxred his queen, juft before his death, to fend for the principal leaders of that party, and pre¬ tend to be entirely devoted to them ; in which cafe, he affixred her, that they would fupport her and her fons after her in the peaceable poffeflion of the government. With this advice the queen complied 5 but found her- felf much embarraffed by the turbulent Pharifees, who, after feveral exorbitant demands, would at laft be con¬ tented with nothing lefs than the total extermination of their adverfaries the Sadducees. As the queen was unable to refift the ftrength of the pharifaic faftion, a snoft cruel perfecution immediately took place againft the Sadducees, which continued for four years ; until at laft. upon their earneft petition, they were difper¬ fed among the feveral garrifons of the kingdom, in order to fecure them from the violence of their ene¬ mies. A few years after this, being feized with a dangerous ficknefs, her youngeft fon Ariftobulus col- le&ed a ftrong party in order to fecure the crown to himfelf j but the queen being difpleafed with his con- dufr, appointed her other ion Hyrcanus, whom {he Ixad before made high-prieft, to fucceed her alfo in the royal dignity. Soon after this fixe expired, and left her two fons competitors for the crown. The Phari¬ fees raifed an army againft Ariftobulus, which almoft inftantly deferted to him, io that Hyrcanus found himfelf obliged to accept of peace upon any terms ; which, however, was not granted, till the latter had abandoned all title both to the royal and pontifical 4+ 1 J E W fons Hyr¬ canus and Ariltobu- his. dignity, and contented himfelf with the enjoyment of Jews, his peculiar patrimony as a private perfon. ' * u— But this depofition did not extinguilh the party of Hyrcanus. A new cabal was raifed by Antipater an Idumean profelyte, and father of Herod the Great 5 who carried oft Plyrcanus into Arabia, under pretence that his life tvas in danger if he remained in Judea. Here he applied to Aretas king of that country, who undertook to reftore the depofed monarch ; and for that purpofe invaded Judea, defeated Ariftobulus, and kept him clofely befieged in Jerufalem. The latterxheRo- had recourfe to the Romans 5 and having bribed Scau-mans calbi rus, one of their generals, he defeated Aretas within by Ari- the lofs of 7000 of his men, and drove him quite outftobu*us‘ of the country. The two brothers next fent prefents • to Pompey, at that time commander in chief of all the Roman forces in the eaft, and whom they made the arbitrator of their differences. But he, fearing that Ariftobulus, againft whom he intended to declare, might obftrmft his intended expedition againft the Na- batheans, difmiffed them with a promife, that as foon as he had fubdued Aretas, he would come into Judea and decide their controverfy. This delay gave fuch offence to Ariftobulus, that he fuddenly departed for Judea without even taking leave of the Roman general, v'ho on his part w'as no lefs •offended at this want of refpe£i. The confequence was, that Pompey entered Judea with thofe troops with which he had defxgned to aft againft the Naba- theans, and fummoned Ariftobulus to appear before him. The Jewifti prince would gladly have been ex- cufed } but was forced by his own people to comply W'ith Pompey’s fummons, to avoid a war with that ge¬ neral. He came accordingly more than once or twice to him, and was difmiffed with great promifes and marks of friendflxip. But at laft Pompey infifted, that he ftxould deliver into his hands all the fortified places he poffeffed j which let Ariftobulus plainly fee that he was in the intereft of his brother, and upon this he fled to Jerufalem with a defign to oppofe the Romans to the utmoft of his power. He was quickly followed by Pompey •, and to prevent hoftilities was at laft for¬ ced to go and throw himfelf at the feet of the haugh¬ ty Roman, and to promife him a eonfiderable fum of money as the reward of his forbearance. This fub- miflion was accepted •, but Gabinius, being fent with foine troops to receive the ftipulated fum, was repul- fed by the garrifon of Jerufalem, who fhut the gates againft him, and refufed to fulfil the agreement. This difappointment fo exafperated Pompey, that he im¬ mediately marched with his whole army againft the city. Ihe Roman general firft fent prnpofals of peace jjerui'aleta but finding the Jews refolved to ftand out to the laft,taken by he began the liege in form. As the place was ftrong- ly fortified both by nature and art, he might have found it very difficult to accomplilh his defign, had not the Jews been fuddenly feized with a qualm of con* fcience refpefting the obfervance of the fabbath-day. From the time of the Maccabees they had made no fcruple of raking up arms againft an offending enemy on the fabbath : but now they difcovered, that though it was lawful on that day to ftand on their defence in cafe they were aftually attacked, yet it was unlawful to do any thing towards the preventing of thofe pre¬ paratives J E W [ i Jaws, paratives which the enemy made towards fuch future * ^ “ aflaults. As therefore they never moved an hand to hinder the erection of mounds and batteries, or the making of breaches in the walls, on the fabbath, the befiegers at laft made fuch a confiderable breach on that day, that the garrifon could no longer refill them. The city was therefore taken in the year 63 B. C. 12,000 of the inhabitants were flaughtered, and many more died by their own hands; while the priefts, who were offering up the ufual prayers and facrifices in the temple, chofe rather to be butchered along w ith their brethren, than fuffer divine fervice to be one moment interrupted. At lalt, after the Romans had fatiated their cruelty w'ith the death of a vail number of the in* habitants, Hyrcanus w'as reffored to the pontifical dig* nity with the title of prince ; but forbid to affume the title of king, to wear a diadem, or to extend his terri¬ tories beyond the limits of Judea. To prevent future revolts, the walls were pulled down ; and Scaurus was left governor with a fufficient force. But before he de¬ parted, the Roman general gave the Jews a Hill greater offence than almoft any thing he had hitherto done j and that was by entering into the moll facred receffes of the temple, where he took a view of the golden table, can- dleftick, cenfers, lamps, and all the other facred veffels j but, out of refpedff to the Deity, forbore to touch any of them, and when he came out commanded the priefts immediately to purify the temple according to cuftom. Pompey having thus fubdued the Jewifti nation, fet out for Rome, carrying along with him Ariftobulus and his two fons Alexander and Antigonus, as cap¬ tives, to adorn his future triumph. Ariftobulus hitnfelf and his fon Antigonus were led in triumph j but A- lexander found means to efcape into Judea, where he raifed an army of 10,000 foot and 1300 horfe, and began to fortify feveral ftrong-holds, from whence he made incurfions into the neighbouring country. As for Hyrcanus, he had no fooner found himfelf freed from his rival brother, than he relapfed into his former indolence, leaving the care of all his affairs to Anti¬ pater, who, like a true politician, failed not to turn the weaknefs of the prince to his own advantage and the aggrandizing of his family. Pie forefaw, how'ever, that he could not eafily compafs his ends, uniefs he in¬ gratiated himfelf with the Romans j and therefore Ipared neither pains nor coft to gain their favour. Scaurus foon after received from him a fupply of corn and other provifions, without which his army, which lie had led againft the metropolis of Arabia, would have been in danger of periihing •, and after this, he prevailed on the king to pay 300 talents to the Ro¬ mans, to prevent them from ravaging his country. Hyrcanus was now in no condition to face his enemy Alexander j and therefore again had recourfe to the Romans, Antipater at the fame time fending as many troops as he could fpare to join them. Alexander ven¬ tured a battle j but was defeated with coniiderable lofs, and befieged in a ftrong fortrefs named Alexandrian. Here he would have been forced to furrender •, but his mother, partly by her addrefs, and partly by the fer- vices (lie found means to do the Roman general, pre¬ vailed upon him to grant her fon a pardon for what was paft. The fortreffes were then demolilhed, that they might not give occafion to freih revolts ; Ilyrca- Vol. XI. Part I. 45 ] JEW nus was again reftored to the pontifical dignity $ and Jc’vs the province was divided into five feveral diftriflsj in each of which a feparate court of judicature was erect¬ ed. The firit of thefe w as at Jerufalem, the fecond ^ VS2C>0 at Gadara, the third at Amath, the fourth at Jeri- cho, and the fifth at Sephoris in Galilee. Thus was the changed government changed from a monarchy to an ariftocra-into an cy, and the Jews now fell under a fet of domineering ariftocracy. lords. ' Soon after this, Ariftobulus found means to efcape from his confinement at Rome, and raifed new' troubles in Judea, but was again defeated and taken prifoner : his fon alfo renewed his attempts $ but w;as in like man¬ ner defeated, with the lofs of near 10,000 of his follow'- er.s; after which Gabinius, having fettled the affairs of Judea to Antipater’s mind, refigned the government of his province to Crafius. The only tranfadlion during his government was his plundering the temple of all its money and facred utenfils, amounting in the w hole to 10,000 Attic talents, i. e. above two millions of our money. After this facrilege, Craffus fet out on his ex¬ pedition againft Parthia, where he periftied ; and his death was by the Jews interpreted as a divine judgment for his impiety. 2r The w ar between Caefar and Pompey afforded the Jews ta- Jews feme refpite, and likewife an opportunity of in-voure<* gratiating themfelves with the former, which the art-^2^1 ful Antipater readily embraced. His fervices were re¬ warded by the emperor. Pie confirmed Hyrcanus in his priefthood, added to it the principality of Judea, to be entailed on his pofterity for ever, and reftored the Jewifti nation to their ancient rights and privileges j ordering at the fame time a pillar to be erefted, where¬ on all thefe grants, and his own decree, fhould be en¬ graved, which was accordingly done j and foon after, when Caefar himfelf came into Judea, he granted liber¬ ty alfo to fortify the city, and rebuild the wall which had been demolilhed by Pompey. During the lifetime of Ceefar, the-Jews were lb highly favoured, that they could fcarcely be laid to feel the Roman yoke. After his death, however, the na¬ tion fell into great diforders j which w'ere not finally quelled till Herod, who was created king of Judea by ^ Mark Antony in 40 B. C. was fully ellablilhed on the throne by the taking of Jerufalem by his allies the Romans in 37 B. C. The immediate eonfequence ofHerod this was another cruel pillage and maffacre : then fol-rai1™ t0 lowed the death of Antigonus the fon of Ariftobulus, who had for three years maintained his ground againft; Herod, put to death his brother Phafael, and cut off Hyrcanus’s ears, in order the more effeGually to inca¬ pacitate him for the high-prieftbood. 23 The Jews gained but little by this change of maf-P|S tVrarinX ters. The new king proved one of the greateft: tyrants ant^ crueM* mentioned in hiftory. He began his reign w ith a cruel perfecution of thofe who had fidtd with his rival An¬ tigonus j great numbers ef whom he put to death, fei- zing and confifcating their tffe£ls for his own ufe. Nay, fuch was his jealoufy in this laft refpeft, that he caufed guards to be placed at the city gates, in order to watch the bodies of thofe of the Antigonian fac¬ tion who were carried out to be buried, left feme. of their riches Humid be carried along with them. H is jealouly next prompted him to decoy Hyrcanus, the baniftied pontiff, from Parthia, where he had taken T refuge* N JEW r 146 ] JEW Jews. refuge, that he might put him to death, though con- ■W"""'’ trary to his moft folemn promifes. His cruelty then fell upon his own family. He had married Mariamne, the daughter of Hyrcanus j whofe brother, Ariftobulus, a young prince of great hopes, was made high prieft at the interceffion of his mother Alexandra. But the ty¬ rant, confcious that Ariftobulus had a better right to the kingdom than himfelf, caufed him foon after to be drowned in a bath. The next viftim was his beloved queen Mariamne herfelf. Herod had been fummoned to appear firft before Mark Antony, and then before Auguftus, in order to clear himfelf from fome crimes laid to his charge. As he was, however, doubtful of the event, he left orders that in cafe he was condemn¬ ed, Mariamne fhould be put to death. This, together ■with the death of her father and brother, gave her fuch an averfion for him, that flie fhowed it on all occafions. By this conduft the tyrant’s refentment was at laft fo much inflamed, that having got her falfely accufed of infidelity, (lie was condemned to die, and executed ac¬ cordingly. She fuffered with great refolution ; but with her ended all the happinefs of her hufband. His love for Mariamne increafed fo much after her death, that for fome time he appeared like one quite diftradt- ed. His remorfe, however, did not get the better of his cruelty. The death of Mariamne was foon follow¬ ed by that of her mother Alexandra, and this by the execution of feveral other perfons who had joined with her in an attempt to fecure the kingdom to the fons of the deceafed queen. Herod, having now freed himfelf from the greateft part of his fuppofed enemies, began to fhow a greater contempt for the Jewifh ceremonies than formerly, and introduced a number of heathenifh games, which made him odious to his fubjedls. Ten bold fellows at laft took it into their heads to ent^r the theatre where the tyrant was celebrating fome games, with daggers con- eeafed under their clothes, in order to ftab him or fome of his retinue. In cafe they fhould mifearry in the attempt, they had the defperate fatisfadfion to think, that, if they perifhed, the tyrant would be rendered ft ill more odious by the punifhment inflidted on them. They were not miftaken : for Herod being informed of their defign by one of his fpies, and caufing the affailins to be put to a moft excruciating death, the people were fo much exafperated againft the informer, that they cut and tore him to pieces, and caft his flefh to the dogs. Herod tried in vain to difeover the au¬ thors of this affront 5 but at laft having caufed fome women to be put to the rack, he extorted from them the names of the principal perfons concerned, whom he caufed immediately to be put to death, with their families. This produced fuch difturbances, that, ap¬ prehending nothing lefs than a general revolt, he fet about fortifying Jerufalem with feveral additional works, rebuilding Samaria, and putting garrifons in¬ to feveral fortreffes in Judea. Notwithftanding this, however, Herod had fhortly after an opportunity of re¬ gaining the affedftions of his fubje&s in fome mea- fure, by his generofity to them during a famine; but as he foon relapfed into his former cruelty, their love was again turned into hatred, which continued till his death. Rebuilds Herod now, about 23 B. C. began to adorn his temple, cities with many ftately buildings. The moft re¬ markable and magnificent of them all, however, was Jtws. the temple at Jerufalem, which he is faid to have v-" raifed to a higher pitch of grandeur than even Solo¬ mon himfelf had done. Ten thoufand artificers were immediately fet to work, under the direftion of 1000 priefts, the beft (killed in carving, mafonry, &c. all of whom were kept in conftant pay. A thoufand carts were employed in fetching materials j and fuch a num¬ ber of other hands wrere employed, that every thing was got ready within the fpace of two years. After this, they fet about pulling down the old building, and rearing up the new one with the fame expedition : fo that the holy place, or temple properly fo called, was finilhed in a year and a half, during which we are told that it never rained in the day time, but only in the night. The remainder ivas finilhed in fome- what more than eight years. The temple, properly fo called, or holy place, was but 60 cubits high, and as many in breadth 5 but in the front he added two wings or ftioulders, which projefted 20 cubits more on each fide, and which in all made a front of 120 cu¬ bits in length, and as many in height 5 with a gate 70 cubits high and 20 in breadth, but open and without any doors. The (tones were white marble, 25 cubits in length, 12 in height, and 9 in breadth, all wrought and polfthed with exquifite beauty ; the whole refem- bling a ftately palace, whofe middle being eonfidera- bly raifed above the extremities of each face, made it afford a beautiful vifta at a great diftance, to thofe ■who came to the metropolis. Inftead of doors, the gates clofed with very coftly veils, enriched with a variety of (lowering of gold, filver, purple, and every thing that was rich and curious} and on each fide of the gates were planted two ftately columns, from whofe cornices hung golden feftoons and vines, with their clufters of grapes, leaves, &c. curioufly wrought. The fuperftru&ure, however, which was properly rear¬ ed on the old foundation, without fufficient additions, proved too heavy, and funk down about 20 cubits j fo that its height was reduced to 100. This founda¬ tion was of an aftonifhing ftrength and height, of which an account is given under the article vjERUSALEivi. The platform was a regular fquare of a ftadium or furlong on each fide. Each front of the fquare had a fpacious gate or entrance, enriched with (uitable or¬ naments ; but that on the weft had four gates, one of which led to the palace, another to the city, and the two others to the fuburbs and fields. 1 his inclofure was furrounded on the outfide with a ftrong and high wall of large (tones, well cemented, and on the infide had on each front a ftately piazza or gallery, fupported by columns of fuch a bignefs, that three men could but juft embrace them, their circumference being about 17 feet. There were in all 162 of them, which fupport¬ ed a cedar cieling of excellent workmanlhip, and form¬ ed three galleries, the middlemoft of which was the largeft and higheft, it being 45 feet in breadth and 100 in height, whereas thofe on each fide were but 30 feet wide, and 50 in height. The piazzas and court were paved with marble of various colours 5 and at a fmall diftance from the gal¬ leries was a fecond inclofure, furrounded with a flight of beautiful marble rails, with ftately columns at pro¬ per diftances, on which were engraven certain admo¬ nitions in Greek and Latin, to forbid ftrangers, and thofe JEW [ 147 ] JEW Jews, tliofe lews that were not purified, to proceed farther u—'V'""”'' under pain of death. This inclofure had but one gate on the eaft fide j none on the weft; but on the north and fouth it had three, placed at equal diftances from each other. A third enclofure furrounded the temple, properly fo called, and the altar of burnt offerings j and made what they called the court of the Hebrews or Ifraehtes. It was fquare like the reft *, but the wall on the outfide was furrounded by a flight of 14 fteps, which hid a confiderable part of itj and on the^top w as a terrace, of about 1 2 cubits in breadth, which went quite round •the whole cindlure. The eaft fide had but one gate j the weft none; and the north and fouth four, at equal diftances. Each gate wras afeended by five fteps more before one could reach the level of the inward court j fo that the wall w'hich enclofed it appeared within to be but 25 cubits high, though confiderably higher on the outfide. On the infide of each of thefe gates wrere raifed a couple of fpacious fquare chambers, in form of a pavilion, 30 cubits wide, and 40 in height, each fupported by columns of 12 cubits in circumference. This inclofure had likewTife a double flight of gal¬ leries on the infide, fupporled by a double row of columns j but the weftern fide w'as only one conti¬ nued wall, without gates or galleries. The women likew ife had their particular court feparate from that of the men, and one of the gates on the north and fouth leading to it. The altar of burnt-offerings was likewife high and fpacious, being 40 cubits in breadth, and 15 in height. The afeent to it was, according to the Mofaic law, fmooth, and without fteps; and the altar of unhewn ftones. It was furrounded at a convenient diftance, nvith a low wall or rail, which divided the court of the priefts from that of the lay Ifraelites j fo that thefe laft were allowed to come thus far to bring their offer¬ ings and facrifices $ though none but the priefts were allowed to come within that inclofure. Herod caufed a new dedication of this temple to be performed with the utmoft magnificence, and prefent- ed to it many rich trophies of his former victories, af¬ ter the cuftom of the Jewilh monarchs. This, and many other magnificent works, however, did not divert the king’s attention from his ufual jea- loufies and cruelty. His filler Salome, and one of his fons named Antipater, taking advantage of this difpo- fition, prompted him to murder his two fons by Ma- riamne, named Alexander and Ari/lobu/us, whfe had been educated at the court of Auguftus in Italy, and were juftly admired by all who faw them. His cruelty foon after broke out in an impotent attempt to deftroy the Saviour of the world, but which was attended with no other confequence than the deftru&ion of 2000 in¬ nocent children of his own fubjefts. His raifery was almoft brought to its fummit by the difeovery of An¬ tipater’s defigns againft himfelf*, who was accord¬ ingly tried and condemned for treafon. Something ftill more dreadful, however, yet awaited him he was feized with a moft loathfome and incurable difeafe, in His death, 'which he was tormented with intolerable pains, fo that his life became a burden. At laft he died to the great joy of the Jews, five days after he had put Antipater to death, and after having divided his kingdom among his fons in the following manner.—Archelaus had Judea •, Jews. Antipas, or Herod, was tetrarch of Galilee and Perea j and Philip had the regions of Trachonitis, Gaulon, Ba- tanea, and Panias, which he erefted likewife into a te- trarchy. To his After Salome he gave 50,000 pieces of money, together with the cities of Jamnia, Azotus, and Phafaelis; befides fome confiderable legacies to his other relations. The cruelty of this monfter accompanied him -to his grave } nay, he in a manner carried it beyond the grave. Being well apprifed that the Jews would re¬ joice at being freed from fuch a tyrant, he bethought himfelf of the following infernal ftra^igem to damp their mirth. A few days before his death, he fum- moned all the heads of the Jews to repair to Jericho under pain of death *, and, on their arrival, ordered them all to be Ihut up in the circus, giving at the fame time ftriift orders to his lifter Salome and her hulband to have all the prifoners butchered as foon as his breath was gone out. “ By this means (faid he), I lhall not only damp the people’s joy, butfecure a real mourning at my death.” Thefe cruel orders, how¬ ever, were not put in execution. Immediately after the king’s death, Salome went to the Hippodrome, where the heads of the Jews were detained, caufed the gates to be flung open, and declared to them, that now the king had no further occafion for their attend¬ ance, and that they might depart to their refpe£tive homes} after which, and not till then, the news of the king’s death was publilhed. Tumults, feditions, and infurreftions, quickly followed. Archelaus was °p- pofed by his brethren, and obliged to appear at Borne fljn ^ before Auguftus, to whom many complaints werekingdom brought againft him. After hearing both parties,by Auguf- the emperor made the following divifion of the king-tus- dom : Archelaus had one half, under the title of ethnarch, or governor of a nation ; together with a promife that he Ihould have the title of h/np-, as fooi} as he Ihowed himfelf worthy of it. This ethnarchy contained Judea Propria, Idumea, and Samaria : but this laft was exempted from one-fourth of the taxes paid by the reft, on account of the peaceable beha¬ viour of the inhabitants during the late tumults. The remainder was divided between Philip and Herod; the former of whom had Trachonitis, Batanea, and Auranitis, together w ith a fmall part of Galilee ; the latter had the reft of Galilee and the countries be¬ yond the Jordan. Salome had half a million of filver, together with the cities of Jamnia, Azotus, Phafaelis, and Afcalon. For fome years Archelaus enjoyed his government in peace ; but at laft, both Jews and Samaritans, tired out with his tyrannical behaviour, joined in a petition to Auguftus againft him. The emperor immediately fummoned him to Rome, where, having heard his ac- ^ cufation and defence, he baniihed him to the city of Ardielaus Vienne in Dauphiny, and confifcated all his effects, bani/hed, Judea being by this fentence reduced to a Romanai!<^ a R-°" province, w'as ordered to be taxed : and Gyrenius the ^.na^over“ governor of Syria, a man of confular dignity, waSpoi^gd fent thither to fee it put in execution ; w hich having over Judea, done, and fold the palaces of Archelaus, and feized upon all his treafure, he returned to Antioch, lea¬ ving the Jews in ne fmall ferment on account of this new tax. T 2 Thus 28 Agrippa jnacje king. 29 The king¬ dom again reduced to a Roman province. J E W [ 148 ] Thus were the feeds of difienfxon Town between the Jews and Romans, which ended in the molt lamentable catallrophe of the former. The Jews, always impatient of a foreign yoke, knew from their prophecies, that the time was now come when the Mefliah fliould appear. Of coniequence, as they expected him to be a great and powerful warrior, their rebellious and feditious Ipirit was heightened to the greatelt degree 5 and they ima¬ gined they had nothing to do but take up arms, and vi&ory would immediately declare on their fide. From this time, therefore, the country was never quiet 3 and the infatuated people, while they rejected the true Mef- fiah, gave thc/nfelves up to the direftion of every im¬ porter who chofe to lead them to their own deftruclion. The governors appointed by the Romans were alfo fre¬ quently changed, but feldom for the better. About the 16th year of Chrilt, Pontius Pilate was appointed gover¬ nor j the whole of whofe adminiftration, according to Jofephus, was one continued feene of venality, rapine, tyranny, and every wicked action ; of racking and put¬ ting.innocent men to death, untried and uncondemned 5 and of every kind of favage cruelty. Such a governor was but ill calculated to appeafe the ferments occafion- ed by the late tax. Indeed Pilate was fo far from at¬ tempting this, that he greatly inflamed them by taking every occafion of introducing his ftandards with images and piftures, confecrated fhields, &c. into their city ; and at laft attempting to drain the treafury of the tem¬ ple, under pretence of bringing an aqueduft into Jeru- falem. The moft remarkable tranfa&ion of his govern¬ ment, however, was his condemnation of Jesus Christ j feven years after which he was removed from Judea •, and in a rtiort time Agrippa, the grandfon of Herod the .Great, was promoted by Cains to the regal dignity. He did not, however, long enjoy this honour ; for, on his coming into Judea, having raifed a perfecution againft the Chriftians, and blafphemoufly fuffering him- felf to be rtyled a God by fome deputies from Tyre and Sidon, he was miraculoufly ftruck with a difeafe, which foon put an end to his life. The facred hiftorian tells us, that he was eaten of worms ; and Jofephus, that he was feized with moft violent pains in his heart and bow- elsq fo that he could not but re fie 61 on the bafenefs of thofe flatterers, who had but lately complimented him with a kind of divine immortality, that was now about to expire in all the torments and agonies of ,a miferable mortal. On the death of Agrippa, Judea was once more reduced to a province of the Roman empire, and had new governors appointed over it. Thefe were Venti- dius, Felix, Feftus Albinus, and Geflius Floras.— Under their government the Jewifh affairs went on from bad to worfe; the country fwarmed with robbers and aifaflins j the latter committing everywhere the molt unheard-of cruelties under the pretence of reli¬ gion *, and about 64 A. C. were joined by 18,000 workmen, who had been employed in further repair¬ ing and beautifying the temple. About this time alfo, Geflius Florus, the laft and worft governor the Jews ever had, was fent into the country. Jofephus feems at a lofs for words to deferibe him by, or a monfter to compare him to. His rapines, cruelties, conniving for large fums with the banditti, and in a word, his whole behaviour, was fo open and bare¬ faced, that he was looked upon by the Jews more like, 3 J E W a bloody executioner, fent to butcher, than a magi- Jews, ft rate to govern them. In this diftrafted ftate of the '-“-‘"■v— country, many of the inhabitants forfook it to feek for an afyfum fomewhere elie *, while thofe who re¬ mained applied themfelves to Ceftius Callus, governor of Syria, who was at jerufalem at the paffover ; be- feeching him to pity their unhappy ftate, and fete them from the tyranny of a man who had totally ruined their country. Florus, who was prelent when thefe complaints were brought againft him, made a mere jeft of them 5 and Ceilius, inftead of making a ftrifl inquiry into his eondu6t, difmiffed the Jews with a general promife that the governor fhould behave better for the future j and fet himfelf about computing the number of Jews at that time in Jerufalem, by the number of lambs offered at that feftival, that he might fend an account of the whole to Nero. By his computation, there were at that time in Jerufalem 2,556,coo} though Jofephus thinks they rather amount¬ ed to 3,ooo,oco. In the year 67 began the fatal war with the Romans, Caufe cf which was ended only by the deftru61ion of Jerufalem. the The immediate caufe was the decifion of a conteft ^ ar^vit^ with the Syrians concerning the city of Caefarea. Them;irs Jews maintained that this city belonged to them, be- caufe it had been built by Herod 5 and the Syrians pretended that it had always been reckoned a Greek city, fmee even that monarch had reared temples and ftatues in it. The conteft at laft came to fuch an height, that both-parties took up arms Sgainft each other. Felix put an end to it for a time, by fending fome of the chiefs of each nation to Rome, to plead their caufe before the emperor, where it hung in fuf- penfe till this time, when Nero decided it againft the Jews. No fooner was this decifion made public, than the Jews in all parts of the country flew to arms \ and though they were everywhere the fufferers, yet, from this fatal period, their rage never abated. No¬ thing was now to be heard ©f but robberies, murders, and every kind of cruelty. Cities and villages were filled with dead bodies of all ages, even fucking babes. The Jews, on their part, fpared neither Syrians r,or |-]ie^gWS Romans, where they got the better of them ; and thisterr/'^jy proved the deftnnftion of great numbers of their peace-maflacred'. ful brethren ; 20,000 were maftacred at Caefarea, 50,000 at Alexandria, 2000 at Ptolemais, and 3500 at Jerufalem. A great number of afTaffins, in the mean time, ha¬ ving ]oined the fa6tious Jews in Jerufalem, they beat the Romans out of Antonia, a fortrefs adjoining to the temple, and another called Majfada ; and likewife out of the towers called Phafael and Manamne, kill¬ ing all who oppofed them. The Romans were at laft reduced to fuch ftraits, that they capitulated on the fingle condition that their lives fhould be fpared 5, notwithilanding which, they were all maffacred by the furious zealots; and this treachery was foon re¬ venged on the faithful Jews of Scythopolis. Fhefe had offered to aflilt in reducing their faffious bre¬ thren j but their fincerity being fufpe61ed by the townfmen, they obliged them to retire into a neigh¬ bouring wood, where, on the third night, they were maffacred to the number of 13,000, and all their 'wealth carried off. The rebels, in the mean time, croffed the Jordan, and took the fortreffes of Maclueron and Jew. J E W and Cyprus*, which laft ihey razed after having put all the Romans to the fword.— 1 his brought Celtius Gallus, the Syrian governor, into Ceftius Judea with all his forces *, but the Jews, partly by Gallus. treachery and partly by force, got tne better of him, and drove him out of the country with the lofs ot JjOOO men. All this time fuch dreadful diffenfions reigned^ a- mong the Jews, that great numbers of the latter lort, forefeeing the fad effe&s of the refentment of the Ro¬ mans, left the city as men do a finking velfel^ and the Chriftians, mindful of their Saviour’s prediclion, retired to Pella, a city on the other fide of Jordan, whither the war did not reach. Milerable was the fate of fuch as either could not, or would not, leave Vefplfian that devoted city. Vefpafian was now ordered to fent againft leave Greece, where he was at that time, and to march them. with all fpeed into Judea. He did fo accordingly at the head of a powerful army, ordering his fon Titus in the mean time to bring two more legions from A- lexandria *, but before he could reach that country, the Jews had twice attempted to take the city of Afcalon, and were each time repulfed with the lofs of 10,000 of their number. In the beginning of the year 68., Vefpafian entered Galilee at the head of an army of 60,000 men, all completely armed and excellently difciplined. He firft took and burnt Gadara : then he laid fiege to Jotapa, and took it after a flout refiflance ; at which he was fo provoked, that he eaufed every one of the Jews to be maffacred or carried into captivity, not one being left to carry the dreadful news to their brethren. Forty thoufand -perithed on this occafion : only 120O were made prifoners, among whom was Jofephus the Jewifli hiftorian. Japha next fliared the fame fate, after an obftinate fiege *, all the men being '»maflacred, and the women and children carried into captivity. A week after this, the Samaritans, who had affembled on Mount Gerizzim, were almoft all put to the fword, or perifhed. Joppa fell the next viftim to the Roman vengeance. It had been for¬ merly laid wafte by Ceflius °, but was now repeopled and fortified by the feditious Jews who infefied the country. It was taken by ftorm, and fhared the fame fate with the reft. Four thoufand Jews attempted to efcape by taking to their fhips ; but were driven back by a hidden tempeft, and all of them were drowned or put to the fword. Tarichea and Tiberias were next taken, but part of their inhabitants were fpared on ac¬ count of their peaceable difpofitions. Then followed the fieges of Gamala, Gifchala, and Itabyr. The firft was taken by ftorm, with a dreadful {laughter of the Jews 5 the laft by ftratagem. The inhabitants of Gif¬ chala were inclinable to furrender : but a feditious Jew of that town, named Jo/tn, the fon of Levi, head of the faftion, and a vile fellow, oppofed it j and, having the mob at his back, overawed the whole city. On the fabbath he begged of Titus to forbear hoftilities till to-morrow*, and then he vmuld accept his offer ; but inftead of that, he fled to Jerufalem with as many as would follow him. The Romans, as foon as they were informed of his flight, purfued, and killed 6000 of his followers on the road, and brought back near 3000 women and children prifoners. The inha¬ bitants then iurrendered to Titus *, and only the fa&ious the- [ 149 3 J E \v to the ground, were puniflied j and this completed the reduclion of Galilee. _ _ _ The Jewifli nation by this time was divided two very oppofite parties: the one foreieeing that factions this war, if continued, muft end in the total ruin among of their country, were for putting an end to it by fub-Jew's* mitting to the Romans j the other, which w as the remains of the faction of Judas Gaulonites, breathed nothing but war and confulion, and oppofed all peace¬ able meafares with invincible obftinacy, This laft, which was by far the moil numerous and powerful,, confifted of men of the vileft and moft profligate eha- rafters that can be paralleled in hiftory. They were proud, ambitious, cruel, rapacious, and committed the moft horrid and unnatural crimes under the mafk of religion. They affirmed everywhere, that it was offering the greateft difhonour to God to fubmit to any eartjily potentate *, much lefs to Romans and to heathens. This, they faid, was the only motive that induced them to take up arms, and to bind themfelves under the ftridleft obligations not to lay them down till they had either totally extirpated all foreign au¬ thority, or perithed in the attempt.—This dreadful diffenfion was not confined to Jerufalem, but had in- fefted all the cities, towns, and villages, of Paleftine. Even houfes and families were fo divided againft each other, that, as our Saviour had exprefsly foretold, a man’s greateft enemies were often thofe of his own family and houfehold. In ffiort, if we may believe Jofephus, the zealots a&ed more like incarnate devils than like men who had any fenfe of humanity left them.—This obliged the contrary party likewife to rife up in arms in their own defence againft thofe mif- creants ; from whom, however, they fuffered much more than they did even from the exafperated Ro¬ mans.—The zealots began their outrages by murder-Cruelty of ing all that oppofed them in the countries round about. ft-e zealots. Then they entered Jerufalem j but met with a ftout oppofition from the other party headed by Ananus, who had lately been high-prieft. A fierce engage¬ ment enfued between them j and the zealots were dri¬ ven into the inner cincture of the temple, where they were clofely befieged. John of Gifchala above-men¬ tioned, who had pretended to fide with the peaceable party, was then fent with terms of accommodation ; but, inftead of advifing the befieged to accept of them, he perfuaded them ftill to hold out, and call the Idu- means to their affiftance. They did fo, and procured 20,000 of them to come to their relief j but thefe new allies were refufgd admittance into the city. On that night, however, there happened fuch a violent ftorm, accompanied with thunder, lightning, and an earth¬ quake, that the zealots from within the inner court flawed the bolts and hinges of the temple-gates with¬ out being heard, forced the guards of the beflegers, fallied into the city, and led in the Idumeans. The city w*as inftantly filled with butcheries of the moft horrid kind. Barely to put any of the oppofite party to death was thought too mild a puniffiment j they muft have the pleafure of murdering them by inches : fo that they made it now their diverfion to put them to the moft exquifite tortures that could be invented j nor could they be prevailed upon to difpatch them till the violence of their torments had rendered them quite. 35 JEW [ 150 ] JEW Jetvs. quite Incapable of feeling them. In tins manner pe- w—-y—12,000 perfons of noble extradtion, and in the flower of their age 5 till at laft the Iduroeans com¬ plained fo much againft the putting fuch numbers to death, that the zealots thought proper to eredl a kind of tribunal, which, however, was intended not for judgment but condemnation : for the judges having once acquitted a perfon who was manifeftly innocent, the zealots not only murdered him in the temple, but depofed the new-created judges as perfons unfit for their office. The zealots, after having exterminated all thofe of any charadter or diftindtion, began next to wreak their vengeance on the common people. This obliged many of the Jew's to forfake Jerufalem, and take refuge with the Romans, though the attempt was very hazardous ; for the zealots had all the avenues V'ell guarded, and failed not to put to death fuch as fell into their hands. Vefpafian in the mean time ftaid at Coefarea an idle fpec- tator of their outrages j well knowing that the zealots were fighting for him, and that the ftrength of the They turn Jewifh nation was gradually wafting away. Every thing their arms fucceeded to his wilh. The zealots, after having maf- agamfteach facred or driven away the oppofite party, turned their arms againft each other. A party was formed againft John, under one Simon who had his head-quarters at the fortrefs of Maffada. This new mifereant plundered, burned, and maffiicred, wherever he came, carrying the fpoil into the fortrefs above-mentioned. To increafe his party, hecaufed a proclamation to be publiflied, by "which he promifed liberty to the flaves, and propor¬ tionable encouragement to the freemen who joined him. This ftratagem had the defined effeft, and he foon faw himfelf at the head of a confiderable army. Not thinking himfelf, however, as yet matter of force fufficient to befiege Jerufalem, he invaded Idumea wdth 20,000 men. The Idumeans oppofed him with 25,000 j and a ffiarp engagement enfued, in which neither party was vi&orious. But Simon, foen after, having corrupted the Idumean general, got their army delivered up to him. By this means he eafily became matter of the country ; where he committed fuch cruelties, that the miferable inhabitants abandoned it to feek for ffielter in Jerufalem. In the city, matters went in the fame w'ay. John tyrannized in fuch a manner, that the Idumeans re¬ volted, killed a great number of his men, plundered his palace, and forced him to retire into the temple. In the mean time the people, having taken a notion that he would felly out in the night and fet fire to the city, called a council, in which it was refolved to admit Simon with his troops, in order to oppofe John and his zealots. Simon’s firft attempt againft his rival, however, was ineffeftual, and he was obliged to con¬ tent himfelf with befieging the zealots in the temple. In the mean time, the miferies of the city were in- creafed by the ftarting up of a third party headed by one Eleazar, who feized on the court of the priefts, and kept John confined within that of the Ifraelites. Eleazar kept the avenues fo w’ell guarded, that none were admitted to come into that part of the temple but thofe who came thither to offer facrifices j and it was by thefe offerings chiefly that he maintained him¬ felf and his men. John by this means found himfelf kemmed in between two powerful enemies, Simon be. low, and Eleazar above. He defended himfelf, how- Jews, ever, againft them both with great refolution ; and -y-— when the city was invefted by the Romans, having pretended to come to an agreement with his rivals, he found means totally to cut off or force Eleazar’s men to fubmit to him, fo that the faftions were again redu¬ ced to two. ^ The Romans, in the year 72, began to advance to-The'Re¬ wards the capital. In their way they deftroyed many n‘aris a<*" thoufends, wafting the country as they went along $ and in the year 73 arrived before the walls of Jerufa-^ lem, under Titus afterwards emperor. As he was a man of an exceedingly merciful difpofition, and greatly defired to fpare the city, he immediately fent offers of peace ; but thefe were rejefted w ith contempt, and he himfelf put in great danger of his life, fo that he re¬ folved to begin the fiege in form. In the mean time, Simon and John renewed their hoftilities with greater fury than ever. John now held the whole temple, fome of the out-parts of it, and the valley of Cedron. Simon had the whole city to range in $ in fome parts of which John had made fuch devaftations, that they ferved them for a field of battle, from which they fellied unanimoufly againft the common enemy when¬ ever occafion ferved ; after which they returned to their ufual hoftilities, turning their arms againft each other, as if they had fworn to make their ruin more eafy to the Romans. Thefe diew' ftill nearer to the w'alls, having with great labour and pains levelled all the ground between Scopas and them, by pulling down all the houfes and hedges, cutting down the trees, and even cleaving the rocks that flood in their way, from Scopas to the tomb of Herod, and Bethara or the pool of ferpents j in which work fo many hands were employed, that they finiffied it in four days. Whilft this was doing, Titus fent the befieged fome^)^erso^ offers of peace j and Jofephus was pitched upon to bePeiice,rc* the meffenger of them : but they were rejected with^ C indignation. He fent a fecond time Nieanor and Jo¬ fephus with frefti offers, and the former received a wound in his ffioulder •, upon which Titus refelved to begin the affault in good earneft, and ordered his men to raze the fuburbs, cut down all the trees, and ufe the materials to raife platforms againft the wall. Every 39 thing was now carried on w ith invincible ardour j the The liege Romans began to play their engines againft the city ca.r,7ed.011 with all their might. The Jews had likewife their machines upon the walls, which they plied with un¬ common fury : they had taken them lately from Ce- flius j but were fo ignorant in their ufe, that they did little execution with them, till they were better in- ftrufted by fome Roman deferters : till then, their chief fuccefs was rather owing to their frequent fellies; but the Roman legions, who had all their towers and machines before them, made terrible havock. The Icaft ftones they threw were near 100 weighty and thefe they could throw the length of a quarter of a mile againft the city, and with fuch a force, that they could do mifehief on rhofe that flood at fome diftance be¬ hind them. Titus had reared three towers 50 cubits high j one of which happening to fall in the middle of the night, greatly alarmed the Roman camp, who im¬ mediately ran to arms at the noife of it j but Titus, upon knowing the caufe, difmiffed them, and caufed it JEW . £ Jews, it to be fet up again. Thefe towers, being plated —-v—J with iron, the Jews tried in vain to fet fire to them, but were at length forced to retire out of the reach of their (hot: by which the battering-rams were now at full liberty to play againft the wall. A breach was foon made in it, at which the Romans entered : and the Jews, abandoning this laft inclofure, retired behind the next. This happened about the 28th of April, a fortnight after the beginning, of the fiege. John defended the temple and the caftle of Antonia, and Simon the reft of the city. Titus marched clofe to the fecond wall, and plied his battering-rams fo fu- rioufly, that one of the towers, which looked towards the north, gave a prodigious (hake. The men who were in it, made a fignal to the Romans, as if they would furrender 5 and at the fame time, fent Simon word to be ready to give them a warm reception. Titus, having difcovered their ftratagem, plied his work more furioufly, whilft the Jews that were in the tower fet it on fire, and flung themfelves into the flames. The tower being fallen, gave them an en¬ trance into the fecond enclofure, five days after gain¬ ing the firft j and Titus, who was bent on faving the city, would not fuflfer any part of the wall or ftreets to be demoliftied j which left the breach and lanes fo narrow, that when his men v^ere furioufly repulfed .by Simon, they had not room enough to make a quick retreat, fo that there was a number of them killed in it. This overfight wus quickly redlified ; and the at¬ tack renewed with fuch vigour, that the place was car- 40 ried four days after their firft repulfe. Famine and The famine, raging in a terrible manner in the city, peftileace was foon followed by a peftilence ; and as thefe two sn the City. dreacjfuj judgments increafed, fo did the rage of the fadtious, who by their inteftine feuds, had deftroyed fuch quantities of provifion, that they were forced to prey upon the people with the moft unheard-of cruelty. They forced their houfes; and, if they found any vidluals in them, they butchered them for not appri- fing them of it; and, if they found nothing but bare walls, which was almoft everywhere the cafe, they put them to the moft fevere tortures, under pretence that they had fome provifion concealed. “ I fhould (fays Jofephus) undertake an impoflible talk, were I to en¬ ter into a detail of all the cruelties of thofe impious wretches } it will be fufficient to fay, that I do not think, that fince the creation any city ever fuffered fuch dreadful calamities, or abounded with men fo fertile in all kinds of wickednefs.” Titus, who knew their miferable condition, and was ftill willing to fpare them, gave them four days to cool j during which he caufed his army to be mufter- ed, and provifions to be diftributed to them in fight of the Jews, who flocked upon the walls to fee it. Jo¬ fephus was fent to fpeak to them afrefn, and to exhort them not to run themfelves into an inevitable ruin by ©bftinately perfifting in the defence of a place which could hold out but a very little while, and which the Romans looked upon already as their own. But this ftubborn people, after many bitter inveftives, began to dart their arrows at him ; at which, not at all dif- couraged, he went on with greater vehemence : but all the effeft it wrought on them was, that it pre¬ vailed on great numbers to fteal away privately to the 4 1 ] JEW Jews. 4i Offers of peace re¬ jected. Romans, whilft the reft became only the more defpe- rate and refolute to hold out to the laft, in fpite of * Titus’s merciful offers. To haften therefore their deftined ruin, he caufed the city to be furrounded with a ftrong wall, to pre¬ vent either their receiving any fuccours or provifion from abroad, or their efcaping his refentment by flight. This wall, which was near 40 ftadia or five miles in circuit, was yet carried on with fuch fpeed, and by fo many hands, that it was finilhed in three days j by which one may guefs at the ardour of the befiegers to make themfclves mailers of the city. There was now nothing to be feen through the ftreets of Jerufalem but heaps of dead bodies rotting above ground, walking ikeletons, and dying wretches. As- many as were caught by the Romans in their failles, Titus caufed to be facrificed in fight of the town, to ftrike terror among the reft : but the zealots gave it out, that they were thofe who fled to him for protec¬ tion j which when Titus underftood, he fent a prifoner with his hands cut off to undeceive, and affure them, that he fpared all that voluntarily came over to him j which encouraged great numbers to accept his offers, though the avenues were clofely guarded by the faftious,. who put all to death w'ho were caught going on that errand. A greater mifchief than that was, that even thofe who efcaped fafe to the Roman camp were mi- ferably butchered by the foldiers, from a notion which thefe had taken that they had fwallowed great quan¬ tities of gold 5 fo that two thoufand of them were rip¬ ped up in one night, to come at their fuppofed treafure. When Titus was apprifed of this barbarity, he would have condemned all thofe butchering wretches to death ; but they proved fo numerous, that he was forced to fpare them, and contented himfelf with fending a proclamation through his camp, that as many as (hould be fufpe&ed thenceforward of that horrid villany {hould be put to immediate death : yet did this not deter many of them from it, only they did it more privately than before 5 fo greedy were they of that bewitching metal. All this while the defeftion increafed. ftill more through the inhumanity of the faction within, who made the miferies and dying groans of their ftar- ving brethren the fubjedt of their cruel mirth, and carried their barbarity even to the fheathing of their fwords in fport in thofe poor wretches, under pretence of trying their (harpnefs. When they found therefore that neither their guards nor feverities could prevent the people’s flight, they had recourfe to another ftratagem equally impious and cruel : which was, to hire a pack of vile pretenders to prophecy, to go about and encourage the defpairing remains of the people to expedl a fpeedy and miracu¬ lous deliverance } and this impofture proved a greater expedient with that infatuated nation than their other, precautions. _ 4,1 Nothing could be more dreadful than the familhed Miferable condition to which they were now reduced. The poor,c,u-n _m having nothing to truft to but the Roman’s mercy oroftheJewSa a fpeedy death, ran all hazards to get out of the city ; and if in their flight, and wandering out for herbs or any other fuftenance, they fell into the hands of any of Titus’s parties fent about to guard the avenues, they were unmercifully fcourged, and crucified if they made the leaft refiftance. The rich within the walls were now, J E W [ Jews. 43 A mother eats her own child. 44 Titus fwears the total ruin of the city. , 45 John plun¬ ders the temple. now forced, though in the molt private manner, to give ^ half, or all they were worth, for a meafure of wheat, and the middling fort for one of barley. This they were forced to convey into feme private place in their houfes, and to feed upon it as it was, without daring to pound or grind it, much lefs to boil or bake it, lelt the noife or fmell fhould draw the rapacious zealots to come and tear it from them. Not that thefe were re¬ duced to any real wrant of provifions : but they had a double end in this barbarous plunder ; to wit, the Hal¬ ving .what they cruelly Hyled all ufelefs perfons, and the keeping their own ftores in referve. It was upon, this fad and pinching juncture, that an unhappy mo¬ ther was reduced to the extremity of butchering and eating her own child. When this news was fpread through the city, the hor¬ ror and confternation were as univerfal as they were inexpreffible. It was then that they began to think themfelves forfaken by the Divine Providence, and to expeft the mell terrible effects of his anger again!! the poor remains of their nation j infomuch that they be¬ gan to envy thofe that had perifhed before them, and to with their turn might come before the fad expected catallrophe. Their fears were but too juft j iince Ti¬ tus, at the very firft hearing of this inhuman deed, fw'ore the total extirpation of city and people. “ Since (faid he) they have fo often refufed my proffers of pardon, and have preferred war to peace, rebellion to obedience, and famine, fuch a dreadful one efpecially, to plenty, I am determined to bury that accurfed me¬ tropolis under its ruins, that the fun may never Ihoot his beams on a city where the mothers feed on the flefti of their children, and the fathers, no lefs guilty than they, choofe to drive them to fuch extremities, rather than lay down their arms.” The dreadful action happened about the end of July, by which time the Romans, having purfued their at¬ tacks with frefli vigour, made themfelves mafters of the fortrefs Antonia ; which obliged the Jews to fet fire to thofe ftately galleries which joined it to the temple, left they Ihould afford an eafy paffage to the befiegers into this laft. About the fame time Titus, •with much difficulty, got materials for railing new mounds and terraces, in order to haften the liege, and fave, if poffible, the fad remains of that once glorious itru&ure ; but his pity proved ftill worfe and worle bellowed on thofe obftinate wretches, who only be¬ came the more furious and defperate by it. Titus at length caufed fire to be let to the gates, after having had a very bloody encounter, in which his men were repul fed with lofs. The Jews wei-e fo terrified at it, that they fullered themfelves to be devoured by the flames, without attempting either to extinguilh them or fave themfelves. All this while Jofephus did not ceafe exhorting the infatuated people to furrender, to xeprelent to them the dreadful confequences of an ob¬ ftinate refinance, and to affure them that it was out of mere cempaffion to them that he thus hazarded his own life to fave theirs : he received one day fuch a wound in his head by a ftone from the battlements, as laid him for dead on the ground. The Jews fallied out immediately, to have feized on his body : but the Romans proved too quick and ftrong for them, and car¬ ried him off. , By this time the two fa&ions within, but efpecially 52 -] J E W that of John, having plundered rich and poor of all Jews, they had, fell alf© on the treafury of the temple, “ v—~ whence John took a great quantity of golden uten- lils, together with thofe magnificent gifts which had been prefented to thatfaered place by the Jewilh kings, by Auguftus, Livia, and many other foreign princes, and melted them all to his own ufe. The rtpofitories of the facred oil which w as to maintain the lamps, and of the wine which was referved to accompany the ufual facrifices, were likewife feized upon, and turned into common ufe ; and the laft of this to fuch excefs, as to make himfelf and his party drunk with it. All this while, not only the zealots, but many of the people, were ftill under fuch an infatuation, that though the fortrefs Antonia was loft, and nothing left but the temple, which the Romans were preparing to bat¬ ter down, yet they could not perfuade themfdves that God would fuffer that holy place to be taken by hea¬ thens, and were ftiil expending fume hidden and mira¬ culous deliverance. Even that vile monfter John, who commanded there, either feemed confident of it, or elfe endeavoured to make them think him fo. For, when Jofephus was fent for the laft time to upbraid his obftinately expofing that facred building, and the miferable remains of God’s people, to fudden and fure deftruelion, he only anfwered him with the bit- tertft inve&ives; adding, that he was defending the Lord’s vineyard, which he was fure could not be taken by any human force. Jofephus in vain reminded him of the many ways by which he had polluted both city and temple ; and in particular of the leas of blood which he caufed to be Ihed in both thole facred places, and which, he affured him from the old prophecies, were a certain fign and forerunner of their fpeedy fur- render and deftrmftion. John remained as inflexible as if all the prophets had affured him of a deliverance, till at length Titus, forefeeing the inevitable ruin of that ftately edifice, which he was ftill extremely de- firous to fave, vouchfafed even himfelf to fpeak to them, and to perfuade them to furrender. But the factious, looking upon this condefcenfion as the ef¬ fects of his fear rather than generofity, only grew the more furious upon it, and forced him at laft to come to thole extremities which he had hitherto endeavour¬ ed to avoid. That his army, which was to attack the temple, might have the freer paffage towards it through the caftle Antonia, he caufed a confiderable part of the wall to be pulled down and levelled j which proved fo very llrong, that it took him up feven whole days, by which lime they were far advanced in the month of July. It was on the 17th day of that month, as all Jofe-The daily phus’s-copies have it, that the daily facrifice ceafed forfacrifice in* the firft time fince its reftoration by the brave Judas terrupte(*‘ Maccabeus, there being no proper perfon left in the temple to offer it up. Titus caufed the faftious to be feverely upbraided for it j exhorted John to fet up whom he would to perform that office, rather than fuf¬ fer the fervicb of God to be fet afide j and then chal¬ lenged him and his party to come out of the temple, and fight on a more proper ground, and thereby lave that facred edifice from the fury of the Roman troops. When nothing could prevail on them, they began to fet fire again to the gallery which formed a communi¬ cation between the temple and the caftle Antonia. The Jews * JEW r 153 1 j E W Jews, Jews had already burnt about 20 cubits of it in length ; v but this fecond blaze, which was likewife encouraged by the befieged, confumed about 14 more j after which, they beat down what remained (landing. On the 27th of July, the Jews, having filled part of the weftern portico with combufiible matter, made a kind of flight ; upon which, feme of the forwarded of the Romans having foaled up to the top, the Jews fet fire to it, which flamed with fuch bidden fury, that many of the former were confumed in it, and the red, ven¬ turing to jump clown from the battlements, were, all but one, crufhed to death. On the very next day, Titus having fet fire to the north gallery, which inclofed the outer court of the temple, from Fort Antonia to the valley of Cedron, got an eafy admittance into it, and forced the befieged in¬ to that of the prieds. He tried in vain fix days to bat¬ ter down one of the galleries of that precindl with an helepolis : he was forced to mount his battering-rams on the terrace, which was raifed by this time ; and yet the drength of this wall was fuch, that it eluded the force of thefe alfo, though others of his troops were bufy in fapping it. When they found that neither rams nor fapping could gain ground, they bethought themfelves of foaling ; but were vigoroufly repulfed in the attempt, with the lob of feme dandards, and a Thelites number of men. When Titus therefore found that his of the defire of laving that building was like to cod fo many temple fet lives, be fet fire to the gates, which, being plated entire. Vvith filver, burnt all that night, whild the metal dropt down in the melting. The flame foon communicated itfelf to the porticoes and galleries j which the befleged beheld without offering to dop it, but contented them¬ felves with fending whole volleys of impotent curfts againd the Romans, This was done on the 8th of Augud ; and, on the next day, Titus, having given orders to extinguifli the fire, called a council, to de¬ termine whether the remainder of the temple (hould be faved or demolifned. That general was dill for the former, and mod of the red declared for the lat¬ ter j alleging, that it was no longer a temple, but a feene of war and daughter, and that the Jews would never be at red as long as any part of it was left (landing : but when they found Titus diffly bent ®n preferving fo noble an edifice, againd which he told them he could have no quarrel, they all came over to his mind. The next day, Augud the icth, was therefore determined for a general affault : and the night before the Jews made two defperate fallies on the Romans ; in the lad of which, thefe, being time¬ ly fuccoured by Titus, beat them back into their inclo- fure. But whether this lad Jewifh effort exafperated the befiegers, or, which is more likely, as Jofephus thinks, pudied by the hand of Providence, one of the Roman foldiers, of his own accord, took up a blazing fire¬ brand, and, getting on his comrade’s (boulders, threw it into one of the apartments that furrounded the fanc- tuary, through a window. This immediately fet the whole north fide in a flame up to the third dory, on the fame fatal day and month in which it had been formerly burnt by Nebuchadnezzar. Titus, who was gone to red himfelf a while in his pavilion, was awaked at the nolle, and ran immediately to give orders to have the fire extinguidied. He called, prayed, threat- Vol. XI. Part I. ened, and even caned his men, but in vain 5 the con- -<-w$, full on was fo great, and the foldiers fo obdJnately bent '““""v"- * upon dedroying all that was left, that he was neither- heard nor minded. Thofe that flocked thither from the camp, indead of obeying his orders, were bufy, either in killing the Jews, or in increaling the flames. When Titus obferved that all his endeavours were vain, he entered into the famduftry and the mod ho¬ ly place, in which he found dill fuch fumptuous uten- fils and other riches as even exceeded all that had been told him of it. Out of the former he faved the golden candleftick, the table of (hew-bread, the altar of perfumes, all of pure gold, and the book or volume of the law, wrapped up in a rich gold tiffue : but in the latter he found no utenfils, becaufe, in all proba¬ bility, they had not made a frefh ark fince that of So¬ lomon had been led. Upon his coming out of that facred place, Tome other foldiers fet fire to it, and obli¬ ged tbofe that had flaid behind to come out $ they all fell foul on the plunder of it, tearing even the gold plating off the gates and timber work, and carried off all the codly utenfils, robes, &c. they found, infomuch that there was not one of them who did not enrich himfelf by it. 4S An horrid maffacre followed foon after, in which a A- dreadful great many theufands perifhed j fome by the flames, nia"iACre‘ others by the fall from the battlements, and a great¬ er number by the enemy’s fword, which dedroyed all it met with, without didinftion of age, fex, or quality. Among them were upwards of 6000 per- fons who had been feduced thither by a falfe pro¬ phet, who promifed them that they (hordd find a fpeedy and miraculous relief there on that very day. Some of them remained five whole days on the top of the walls, and afterwards threw themfelves on the ge¬ neral’s mercy j but were anfwered that they had out- daid the time, and were led to execution. The Romans carried their fury to the burning of all the treafure- houfes of the place, though they were full of the rich- ed furniture, plate, vedments, and other things of va¬ lue, which had been laid up in thofe places for fecurxty. In a word, they did not ceafe burning and butchering, till they had dedroyed all, except two of the temple- gates, and that part of the court which was dedined for the women. In the mean time the feditious made fuch a vigor¬ ous pufh, that they efcaped the fury of the Romans, at lead for the prefent, and retired into the city. But here they found all the avenues fo well guarded, that there was no podibility left for them to get out j which obliged them to fecure themfelves as well as they could on the fouth fide of it, from whence Simon, and John of Gifchala, fent to defire a parley with Titus. They were anfwered, that though they had been the caufe of all this bloodflied and ruin, yet they {hould have their lives fpared, if they laid down their arms and furrendered themfelves prifoners. To this they replied, that they had engaged themfelves, by jhe mod folemn oaths, never to furrender; and, therefore, only begged leave to retire into the mountains with their wives and children : which infolence fo exafpe¬ rated the Roman general, that he caufed an herald to bid them dand to their defence 5 for that not one of them (hould be fpared, fince they had reje&ed his lad offers of pardon. Immediately after this, he aban- U doned J E W [ i54 ] J E Z Jews, donee] tlie city to the fury of the foldiers, who fell v~~' forthwith on plundering, felting firo everywhere, and murdering all that fell into their hands j whilft the faftious, who were left, went and fortified themfelves in the royal palace, where they killed 8000 Jews who had taken refuge there. In the mean time, great preparations were making for a vigorous attack on the upper city, efpecially on the royal palace ; and this took them up from the 20th of Auguft to the 7th of September, during which time great numbers came and made their fub- miffion to Titus. The warlike engines then played fo furioufly on the fa&ious, that they were taken with a fudden panic *, and inftead of fleeing to the towers of Hippicos, Phafael, or Mariamne, which were yet untaken, and fo ftrong that nothing but famine could have reduced them, they ran like madmen towards Siloah, with a defign to have attacked the wall of cir- cumvallation, and to have efcaped out of the city j but, being there repulfed, they were forced to go and hide themfelves in the public finks and common few- ers, fome one way and fome another. All whom the Romans could find were put to the fword, and the ci¬ ty was fet on fire. This was on the eighth of Sep¬ tember, when the city was taken and entered by Ti¬ tus. He would have put an end to the maflacre j but his men killed all, except the molt vigorous, whom they ihut up in the porch of the women juft mention¬ ed. Fronto, who had the care of them, referved the youngeft and moft beautiful for Titus’s triumph j and fent all that were above feventeen years of age in¬ to Egypt, to be employed in fome public works there ; and a great number of others were fent into feveral ci¬ ties of Syria, and other provinces, to be expofed on the public theatre, to exhibit fights, or be devoured by wild beafts. The number of thofe prifoners amounted to 97,000, befides about 11,000 more, who were either ftarved through negleft, or ftarved themfelves through fullennefs and defpair.—The whole number of Jews who periftied in this war is computed at upwards of 1,400,000. Befides thefe, however, a vaft number perilhed in caves, woods, wilderneffes, common-fewers, &c. of whom no computation could be made. Whilft the foldiers were ftill bufy in burning the remains of the 49 city, and vifiting all the hiding-places, where they Simon and kme(l numbers of poor creatures who had endeavoured unta en. to eva(je their cruelty, the two grand rebels Simon and John were found, and referved for the triumph of the conqueror. John, being pinched with hunger, foon came out j and having begged his life, obtained it j but was condemned to perpetual imprifonment. Simon, whofe retreat had been better ftored, held out till the end of October. The two chiefs, with 700 of the handfomeft Jewilh captives, were made to at¬ tend the triumphal chariot; after which Simon was dragged through the ftreets with a rope about his neck, feverely fcourged, and then put to death j and John was fent into perpetual imprifoument.—Three caftles ftill remained untaken, namely, Herodion, 5° Machseron, and Maffada. The two former capitulated j enVofJhe ^ut- Mafifiicla held out. The place was exceedingly garrifon of ftrong both by nature and art, well ftored with all Mafiada.. kinds of provifions, and defended by a numerous gar- rifon of zealots, at the head of whom was one Elea- Jews, zar, the grandfon of Judas Gaulonites, formerly men- Jez'des. tioned. The Roman general having in vain tried his engines and battering-rams againft it, bethought him- felf of furrounding it with a high and ftrong wall, and then ordered the gates to be fet on fire. The wind puftted the flames fo fiercely againft the Jews, that Eleazar in defpair perfuaded them firft to kill their wives and children, and then to choofe ten men by lot, who fiiould kill all the reft j and laftly one out of the furviving ten to difpatch them and himielf; only this laft man was ordered to fet fire to the place before he put an end to his own life. All this was accordingly done j and on the morrow, wrhen the Romans w’ere pre¬ paring to feale the walls, they were greatly furprifed neither to fee nor hear any thing move. On this they made fuch an hideous outcry, that two women, who had concealed themfelves in an aqueduft, came forth and acquainted them with the defperate cataftrophe of the befieged. Thus ended the Jewilh nation and worlhip ; norst.at/of ^ have they ever fince been able to regain the fmalleft jews fince footing in the country of Judea, nor indeed in any the deftruc-: other country on earth, though there is fearce any part^0” °f. of the globe where they are not to be found. They t^eir cltJ* i continue their vain expectations of a Mefliah to deli¬ ver them from the low eftate into which they are fal¬ len j and, notwithftanding their repeated difappoint- ments, there are few who can ever be perfuaded to embrace Chriftianity. Their ceremonies and religious worfhip ought to be taken from the law of Mofes $ but they have added a multitude of abfurdities not worth the inquiring after. In many countries, and in different ages, they have been terribly maffacred, and in general have been better treated by the Mahome¬ tans and Pagans than by Chriftians, Since the revi¬ val of arts and learning, however, they have felt the benefit of that increafe of humanity which has diffu- fed itfelf almoft over the globe. It is faid, that in this country the life of a Jew was formerly at the difpofal of the chief lord where he lived, and likewife all his goods. So ftrong alfo Mere popular prejudices and fuf- picions againft them, that in the year 1348, a fatal endemic diftemper raging in a great part of Europe, it was faid that they had poifoned the fprings and ■wells , in confequence of which a million and a half of them were cruelly maffacred. In 1492, half a mil¬ lion of them were driven out of Spain, and 150,000 from Portugal. Edward I. did the fame. In ftiort, they were everywhere perfecuted, oppreffed, and moft rigoroufly treated. In this enlightened period a more generous fyftem is followed. France has allowed them the rights of ci¬ tizens, which induces numbers of the moft wealthy Jews to fix their refidence in that country. Poland granted them very great privileges and immunities 5 England, Holland, and Pruflia tolerate and protefi them > and the emperor has revoked fome reftriftions, for which an ediCl was paffed : Spain, Portugal, and fome of the Italian ftates, are ftill, however, it is laid, averfe to their dwelling among them. JEZIDES, among the Mahometans*, a term of fi- milar import vith heretics among Chriftians. The Jezides are a numerous fed inhabiting Turkey and I G L Jezules and Perfia, fo called from their head^ Jezid, 11 bian prince, M’ho flew the fons of Ali, Mahomet’s fa- Ig'a- ther in law j for which reafon he is reckoned a parri- c;(jej ancj ]u*s followers heretics. There are about 2o,ooo lezides in Turkey and Perfia ; who are of two forts, black and white. The white are clad like Turks; and diftinguilhed only by their fliirts, which are not flit at the neck like thofe of others, but have only a round hole to thruft their heads through. This is in memory of a golden ring, or circle of light, which defcended from heaven upon the neok of their cheq, the head of their religion, after his undergoing a fall of forty days. The black Jezides, though married, are the monks or religious of the order ; and thefe are called Fakirs. The Turks exadl excefflve taxes from the Jezides, who hate the Turks as their mortal enemies } and when, in their wrath, they curfe any creature, they call it mujjulman : but they are great lovers of the Chriftians, being more fond of Jefus Chrift than ofTVIahomet, and are never circumcifed but when they are forced to it. They are extremely Ignorant, and believe both the bible and the koran without reading either of them : they make vows and pilgrimages, but have no places of religious worfliip. All the adoration they pay to God confifts of feme fongs in honour of Jefus Chrift, the virgin, Mofes, and fometimes Mahomet ; and it is a principal point of their religion never to fpeak ill of the devil, left he Ihould refent the injury, if ever he (hould come to be in favour with God again, which they think poflible $ whenever they fpeak of him, they call him the angel Peacock. They bury their dead in the firft place they come at, rejoicing as at a feftival, and celebrating the ■entry of the deceafed into heaven. They go in com¬ panies like the Arabians, and change their habitations every 15 days. When they get wine, they drink it to excefs; and it is faid, that they fometimes do this “with a religious purpofe, calling it the blood of Chrift. They buy their wives and the market-price is 200 Crowns for all women, handfome or not, without dif- tinftron. - JEZRAEL, or Jezreel, a town in the north of Samaria, towards Mount Carmel, where flood a palace of the kings of Ifrael, (1 Kings xxi. 18.). On the borders of Galilee (Jofliua xix.) faid to be one of the towns of Ilfachar.—The valley of Jezreel (Judges vi. 17.) was fituated to the north of the town, run¬ ning from weft to eaft for ten miles, between two mountains j the one to the north, commonly called Herman, near Mount Tabor j the other Gi/boa: in breadth two miles. IF, an ifland of France, in Provence, and the moft eaftern of the three before the harbour of Marfeilles. It is very well fortified, and its port one of the beft in the Mediterranean. IGIS, a town of the country of the Grifons, in Caddea, with a magnificent caftle, in which is a cabi¬ net of curiofities, and a handfome library j 23 miles fouth-w-eft of Choira, and 23 fouth of Claris. E. Long. 9. o. N. Lat. 49. 10. IGLAW, a confiderable and populous town of Germany, in Moravia, where they have a manufactory of good cloth, and excellent beer. It is feated on the [ 155 ] 1 G N an Ara- river Igla, 40 miles weft of Brin, and 62 fouth-eaft of Prague. E. Long. 15. 42. N. Lat. 47. 8. IGNATIA, a genus of plants, belonging to the , pentandria clafs. See Botany Index. IGNATIUS Loyola, (canonized), the founder of the well-known order of the Jesuits, was born at the caftle of Loyola, in Bifeay, 1491 j and became firft page to Ferdinand V. king of Spain, and then an officer in his army. In thislaft capacity, he fignalized himfelf by his valour j and was wounded in both legs at the fiege of Pampeluna, in 1521. To this circum- ftance the Jefuits owe their origin ; for, while he was under cure of his wound, a Life of the Saints was put into his hands, which determined him to forfaks the military for the ecclefiaftical profeffion. His firft de¬ vout exercife was to dedicate himfelf to the blefled vir¬ gin as her knight : he then went a pilgrimage to the Holy Land; and on his return to Europe, he conti¬ nued his theological ftudies in the univerfities of Spain, though he was then 33 years of age. After this he wrent to Paris j and in France laid the foundation ef this newr order, the inftitutes of which he prefented to Pope Paul III. who made many objections to them, but at laft in 1540 confirmed the inftitution. The founder died in 1555, and left his difciples two famous books; 1. Spiritual exercifes 3 2. Conftitutions or rules of the order. But it muft be remembered, that though thefe avowed inftitutes contain many privileges ob¬ noxious to the welfare of fociety, the moft diabolical are contained in the private rules, intitled Monita fecre- ta, which were not difeovered till towards the clofe of the laft century ; and moft writers attribute thefe, and even the Conftitutions, to Laynez, the fecond general of the order. Ignatius, St, furnamed Theophrajlus, one of the apoftolical fathers of the church, was born in Syria, and educated under the apoftle and evangelift St John, and intimately acquainted with feme other of the apoftles, efpecially St Peter and St Paul. Being fully inftrufted in the doClrines of Chxiftianity, he was, for his eminent parts and piety, ordained by St John, and confirmed about the year 67 biffiop of Antioch, by thefe two apoftles, who firft planted Chriftianity in that city, where the difciples alfo were firft: called Chrijlians. Antioch was then not ouly the metropolis of Syria, but a city the moft famous and renowned of any in the eaft, and the ancient feat of the Roman emperors, as well as of the viceroys and governors. In this impor¬ tant feat he continued to fit fomewhat above 40 years, both an honour and fafeguard of the Chriftian reli¬ gion, till the year 107, when Trajan the emperor, flulhed with a viclory which he had lately obtained over the Scythians and Daci, about the ninth year of his reign, came to Antioch to make preparations for a war againft the Parthians and Armenians. He en¬ tered the city with the pomp and folemnities of a tri¬ umph ; and, as his firft care ufually was about the con¬ cernments of religion, he began prefently to inquire into that affair. Chriftianity had by this time made fuch a progrefs, that the Romans grew jealous and uneafy at it. This prince, therefore, had already- commenced a perfecution againft the Chriftians in other parts of the empire, wffiich he now refolved to carry on here. However, as he was naturally of a U 2 mild Iglaw il Ignatius. I G N [ 156 ] ' I G N Ignatius, mild difpofltion, though he ordered the laws to be put in force againft them if convifted, yet he forbade them to be fought after. In this ftate of affairs, Ignatius, thinking it more prudent to go himfelf than flay to be fent for, of his own accord prefented himfelf to the emperor ; and, it is faid, there paffed a long and particular difcourfe be¬ tween them, wherein the emperor exprefling a furprife how he dared to tranfgrefs the laws, the bifhop took the opportunity to affert his own innocency, and to explain and vindicate his faith and freedom. The if- fue of this was, that he was caff into prifon, and this fentence paffed upon him, That, being incurably over¬ run with fuperffition, he fhould be carried bound by foldiers to Rome, and there thrown as a prey to wild beads. He was firff conduced to Seleucia, a port of Syria, at about 16 miles diftance, the place where Paul and Barnabas fet fail for Cyprus. Arriving at Smyrna in Ionia, he went to vifft Polycarp bifhop of that place, and was himfelf viflted by the clergy of the Allan churches round the country. In return for that kind- nefs, he wrote letters to feveral churches, as the Ephe- fians, Magnefians, and Trallians, befides the Romans, for their inftrufb’on and eftablifhment in the faith j one of thefe was addreiTed to the Chriffians at Rome, to acquaint them with his prefent ftate, and pailionate de- ffre not to be hindered in the courfe of martyrdom which he was how haftening to accomplifh. H is guard, a little impatient of their ftay, fet fail with him for Troas, a noted city of the leffer Phry¬ gia, not far from the ruins of old Troy 5 where, at » his arrival, he was much refrefhed with the news he received of the perfecution ceafing in the church of Antioch : hither alfo feveral churches fent their mef- fengers to pay their refpecfs to him 5 and hence too he dsfpatched two epiftles, one to the church of Phila¬ delphia, and the other to that of Smyrna,- and, to¬ gether with this laft, as Eufebius relates, he wrote pri¬ vately to Polycarp, recommending to him the care and infpedion of the church of Antioch. From Troas they failed to Neapolis, a maritime town in Macedonia j thence to Philippi, a Roman co¬ lony, where they were entertained with all imaginable kindnefs and courtefy, and conduced forwards on their journey, pafting on foot through Macedonia and Epi¬ rus, till they came to Epidamnium, a city of Dalma¬ tia : where again taking (hipping, they failed through the Adriatic, and arrived at Rhegium, a port-town in Italy dire&ing their courfe thence through the Tyr¬ rhenian fea to Puteoli, whence Ignatius deftred to proceed by land, ambitious to trace the fame way by which St Paul went to Rome : but this wi(h was not complied with ; and, after a ftay of 24 hours, a prof- perous wind quickly carried them to the Roman port, the great harbour and ftation for their navy, built near Oftia, at the mouth of the Tyber, about 16 miles (rom Rome whither the martyr longed to come, as much defirous to be at the end of his race, as his keepers, weary of their voyage, were to be at the end „ of their journey. The Chriftians at Rome, daily expelling his arrival, were come out to meet and entertain him, and accor¬ dingly received him with a mixture of joy and forrow; but when fome of them intimated, that poflibly the 2 ' populace might be taken off from defiring his death, Ignatiu*, he expreffed a pious indignation, intreating them to I?nis' caft no rubs in his way, nor do any thing that might fatuu<:' hinder him, now he was haftening to his crown. There are many fuch expreflions as this in his epiftle to the Romans, which plainly (how that he was highly am¬ bitious of the crown of martyrdom. Yet it does not appear that he rafhly fought or provoked danger. A- mong other expreffions of his ardour for fuffering, he faid, that the wild beads bad feared and refufed to touch forae that had been thrown to them, which ha hoped would not happen to him. Being conduced, to Rome, he was prefented to the praefefl, and the emperor’s letters probably delivered concerning him. The interval before his martyrdom was fpent in pray¬ ers for the peace and profperity of the church. That his punifhment might be the more pompous and pub¬ lic, one of their folemn feftivals, the time of their Sa¬ turnalia, and that part of it when they celebrated their Sigillaria, was pitched on for his execution 5 at which time it was their cuftom to entertain the people with the bloody conflifls of gladiators, and the hunting and fighting with wild beads. Acccordingly, on the 13th kal. January, i. e. December 20. he was brought out into the amphitheatre, and the lions being let loofe upon him, quickly difpatched their meal, leaving no¬ thing but a few of the hardeft of his bones. Thefe remains were gathered up by two deacons who had been, the companions of his journey ; and being tranf- ported to Antioch, were interred in the cemetery, without the gate that leads to Daphne j whence, by the command of the emperor Theodofius, they were removed with great pomp and folemnity to the Ty- cheon, a temple within the city, dedicated to the pub¬ lic genius of it, but now confecrated to the memory of the martyr. St Ignatius (lands at the head of thofe Antinicenc fathers, who have occafionally delivered their opinions in defence of the true divinity of Chrift, whom he calls N the Son of God, and his eternal word. He is alfo reck¬ oned the great champion of the doflrine of the epif- copal order, as diftincl and fuperior to that of pried and deacon. And one, the moft important, ufe of his writings refpefts the authenticity of the Holy Scrip¬ tures, which he frequently alludes to, in the very ex- preffions as they (land at this day.—Archbilhop Ufti- er’s edition of his works, printed in 1647, thought the heft : yet there is a freftier edition extant at Am- fterdam, where, befide the beft notes, there are the differtations of Uftier and Pearfon. St Ignatius's Bean, the fruit of a plant. See Igka- TiA, Botany Index. IGNIS-Fatuus, a kind of light, fuppofed to be of an ele&ric nature, appearing frequently in mines, marftiy places, and near ftagnating waters. It was formerly thought, and is (till by the fuperftitious believed, to have fomething ominous in its nature, and to prefage death and other misfortunes. There have been inftances of people being decoyed by thefe lights into marfliy places, where they have periftied £ whence the names of Ignis-fatuus, IVill-with-a-wifp, and Jach-%vith-a lanthorn, as if this appearance were an evil fpirit which took delight in doing mifchief of that kind. The general opinion is, that this light is owing to the decompofition of animal or vegetable mat¬ ters. Tgms- fatuus n I G N [i5 ters, or to the evolulion of gafes which fpontaneoufly inflame in the atmofphere. IGNITION, properly fignifies the fetting fire to Ignorance. ^ fubftance *, the fenfe is fometimes limited to that l^brd of burning which is not accompanied with flame, fuch as that of charcoal, cinders, metals, ftones, and other folid fubftances. The effeas of ignition, according to the old chemical doarine, are firfl: to diffipate what is called the phlogijion of the ignited fubftance, after which it is reduced to allies. Vitrification next fol¬ lows ; and laftly the fubftance is totally diflipated in vapour. All thefe effeas, however, depend on the prefence of the air 5 for in vacuo the phlogifton of any fubftance cannot be diflipated. Neither can a body which is totally deftitute of phlogifton be. ignited in fuch a manner as thofe which are not deprived of it: for as long as the phlogifton remains, the heat is kept up in the body by the aaion of the external air upon it; but when the phlogifton is totally gone, the air always deftroys, inftead of augmenting, thb heat. But for the explanation of the phenomena of ignition, ac¬ cording to the views of modern chemiftry, fee Combus¬ tion, Chemistry Index. IGNOBILES, amongft the Romans, was the defig- nation of fuch perfons as had no right of ufing piftures and ftatues. See JdS Imagmis. IGNOMINIA, a fpecies ofpunifhment amongft the Romans, whereby the offender fuffered public ftiame, either by virtue of the praetor’s edidl, or by order of the cenfor. This punUhment, befides the fcandal, de¬ prived the party of the privilege of bearing any offices, and almoft all other liberties of a Roman citizen. IGNORAMUS, in Zotu, is a word properly ufed by the grand inqueft empannelled in the inquifition of caufes criminal and public, and written upon the bill, whereby any crime is offered to their confideration, when, as they miflike their evidence as defeftive or too weak to make good the prefentment j the effeft of which word fo written is, that all farther inquiry upon that party for that fault is thereby flopped, and he delivered without farther anfwer. It hath a refem- blance with tl;at cuftom of the ancient Romans, where the judges, when they abfolved a perfon accufed, did write A. upon a little table provided for that pur- pofe, i. e. abfohimus; if they judged him guilty, they wrote C. i. e. condemnamus ; if they found the caufe difficult and doubtful, they wrote N. L. i. e. no?i liquet. IGNORANCE, the privation or abfence of knovr- ledge. The caufes of ignorance, according to Locke, are chiefly thefe three. 1. Want of ideas. 2. Want of a difcoverable connexion between the ideas we have. 3. Want of tracing and examining our ideas. See Me¬ taphysics. Ignorance, in a more particular fenfe, is ufed to denote illiteracy. Previous to the taking of Rome by the Gauls, fuch grofs ignorance prevailed among the Romans that few of the citizens could read or write, aud the alphabet was almoft unknown. During three ages there were no public fchools, but the little learning their children had was taught them by their parents; and how little that was may be partly concluded from this circum- flance, that a nail was annually driven into the wall of the temple of Jupiter Capitolinas, on the 15th of Sep¬ tember, to aflift the ignorance of the people in reckon- 7 1 JIB ing the years, becaufe they were unacquainted with Ignorance letters or figures. The driving of the nail was after- wards converted into a religious ceremony, and perform¬ ed by the diBator, to avert public calamities. IGNORANCE, or miftake, in Law, a defeat of will, whereby a perfon is excufed from the guilt of a crime, when, intending to do a lawful a£l, he does that which is unlawful. For here the deed and the will afting feparately, there is not that conjundftion between them which is neceffary to form a criminal aft. But this muft be an ignorance or miftake of faft, and not an error in point of law. As if a man intending to kill a thief or houfe-breaker in his own houfe, by miftake kills one of his own family, this is no criminal aftion : but if a man thinks he has a right to kill a perfon excommunicated or outlawed wherever he meets him, and does fo; this is w ilful murder. For a miftake in point of law, which every perfon of diicretion not only may, but is bound and prefumed to know, is, in criminal cafes, no fort of defence. Ignorantia juris quod quifque lenetur fare, neminem excufat, is as well the maxim of our own law as it was of the Roman. IGUANA, a fpecies of Lacerta. See Erpeto- 1.0gy Index. Mud IGUANA, a fpecies of fiffi. See Mur/ena, Ichthyology Index. IHOR, Johor, or Jor, a town of Afia, in Ma¬ lacca, and capital of a province of the fame name in the peninfula beyond the Ganges. It was taken by the Portuguefe in 1603, who deftroyed it, and car¬ ried eft' the cannon ; but it has fince been rebuilt, and was afterwards in poffeffion of the Dutch. E. Long. 93. 55. N. Lat. 1. 15. JIB, theforemoft fail of a ftiip, being a large flay- fail extended from the outer end of the bowfprit pro¬ longed by the jib-boom, towards the fore-top mail head. See Sail. The jib is a fail of great command with any fide- wind, but efpecially when the fliip is clofe hauled, or has the wind upon her beam ; and its effort in cajling the fliip, or turning her head to leeward, is very powerful and of great utility, particularly when the ffiip is working through a narrow channel. JlB-Boom, a boom run out from the extremity of the bowfprit, parallel to its length, and ferving to ex¬ tend the bottom of the jib, and the ftay of the fore- top-gallant maft. This boom, which is nothing more than a continuation of the bowfprit forward, to which it may be confidered as a top-maft, is ufually attached to the bowfprit, by means of two large boom-irons, or by one boom-iron, and a cap on the outer end of the bowfprit; or, finally, by the cap without and a ftrong laftiing within, inftead of a boom-iron, which is gene¬ rally the method of fecuring it in fmall merchant ffiips. It may therefore be drawm in upon the bow¬ fprit as occafion requires; which is ufually praftifed when the fliip enters a harbour, where it might very foon be broken or carried away, by the veffels which are moored therein, or paffing by under fail. JIBBEL or Gebbel Aurey, the Mons Aurafius of the middle age, an afi'emblage of many very rocky mountains in Africa, in the kingdom of Algiers. Here Mr BrUce met with a race of people much fairer in the complexion than any of the nations to the fouthwardof Britain: their hair was red, and their eyes blue : they maintain JIB [ 158 ] JIG Jibbel maintain their independence, and are of a favage dif- ’ pofition, fo that our traveller found it difficult to ap- — 1-1,; proach them with fafety. They are called Neardia j and each of them has a Greek crofs in the middle be- 'tween the eyes, marked with antimony. They are divided into tribes, but, unlike, the other Arabs, have huts in the mountains built of mud and draw 5 and are, by our author, fuppofed to be a remnant of the Vandals. He even thinks that they may be defcended from the remainder of an army of Vandals mentioned by Procopius, which was defeated among thefe moun¬ tains. They live in perpetual war with the Moors, and boait that their anceitors were Chriftians. They pay no taxes. JIDDA, a town of Arabia, lituated, according to Mr Bruce, in N. Lat. 28° o' l", E. Long. 390 16' 55", while others make it 21® 28', and E. Long. 39° 22'. It is lituated in a very unwholelome, barren, and defert part of the country. Immediately without the gate to the eaftward is a defert plain filled with the huts of the Bedoweens or country Arabs, built of long bundles of fpartum or bent-grafs put together like fafeines. Thefe people fupply the town with milk and butter. “ There is no ftirring out of the town (fays Mr Bruce) even for a walk, unlefs for about half a mile on the fouth fide by the fea, where there is a number of {linking pools of ilagnant water, which contributes to make the town very unwholefome.” From the difagreeable and inconvenient fituation of this port, it is probable, that it would have been long ago abandoned, had it not been for its vicinity to Mecca, and the vafi: annual influx of wealth occafioned by the India trade ; which, however, does not continue, but paffes on to Mecca, whence it is difperfed all over the eaft. The town of Jidda itfelf receives but little advantage, for all the cuftoms are immediately fent to the needy and rapacious ffieriflf of Mecca and his de¬ pendents. “ The gold (fays Mr Bruce) is returned in bags and boxes, and pafies on as rapidly to the Ihips as the goods do to the market, and leaves as little profit behind. In the mean time provifions rife to a prodigious price, and this falls upon the townf- men, while all the profit of the traffic is in the hands of ftrangers; moll of whom, after the market is over (which does not lafl fix weeks) retire to Yemen and other neighbouring countries, which abound in every ■fort of provifion.” From this fcarcity, Mr Bruce fuppsfes it is, that polygamy is lefs common here than in any other part of Arabia. “ Few of the inhabitants of jidda (fays our author) can avail themfelves of the privilege grant¬ ed by Mahomet. He cannot marry more than one ■wife, becaufe he cannot maintain more; and from this caufe arifes the want of people and the number of un¬ married women.” The trade at Jidda is carried on in a manner which appeared very ftrange to our traveller. . “ Nine {hips (fays he) were there from India ; fome of them worth I fuppofe 200,000!. One merchant, a Turk, living at Mecca, 30 hours journey off, where no Chritlian dares go, whilft the continent is open to the Turk for efcape, offers to purchafe the cargoes of four out of thefe nine fliips himfelf; another of the fame caff comes and fays he will buy none unlefs he has them all. The famples are ffiown, and the cargoes of the > 4 whole nine {hips are carried into the wildefl: parts of Jidda, Arabia, by men with whom one would not with to Jig* truft himfelf alone in the field. This is not all j twe ■ India brokers come into the room to fettle the price j one on the part of the India captain, the other on that of the buyer the Turk. They are neither Ma¬ hometans nor Chriftians, but have credit with both. They fit down on the carpet, and take an India {hawl which they carry on their ftioulder like a napkin, and fpread it over their hands. They talk in the mean time indifferent converfation, as if they w'ere employed in no ferious bufinefs whatever. After about 20 minutes fpent in handling each others fingers below the ftiawl, the bargain is concluded, fay for nine Ihips, without one word ever having been fpoken on the fubjedt, or pen or ink ufed in any ffiape whatever. There never was one inftance of a difpute happening in thefe fales. But this is not all ; the money is yet to be paid. A private Moor, who has nothing to fupport him but his charadler, becomes refponfible for the payment of thefe cargoes. This man delivers a number of coarfe hempen bags full of what is fuppofed to be money. He masks the contents upon the bag, and puts his feal upon the firing that ties the mouth of it. This is received for what is marked upon it without any one ever having opened one of the bags ; and in India it is current for the value marked upon it as long as the bag lafts. The port of Jidda is very extenfive, and contains numberlefs Ihoals, fmall iflands, and funk rocks, with deep channels, however, between them ; but in the harbour itfelf ffiips may ride fecure, whatever wind blows. The only danger is in the coming in or goinp- out; but as the pilots are very Ikilful, accidents are ne¬ ver known to happen. The charts of this harbour, as Mr Bruce informs us, are exceedingly erroneous. While he {laid here, he was defired by Captain Thornhill to make a new chart of the harbour; but finding that it had been undertaken by another gentle¬ man, Captain Newland, he dropped it. He argues in the ftrongeft terms againft the old maps, which he fays can be of no ufe, but the contrary; and he gives it as a charatteriftie of the Red fea, “ fcarce to have foundings in any part of the channel, and often on both fides ; whilft afhore, foundings are hardly found a boat length from the main. To this, fays he, I will add, that there is fcarce one ifland on which I ever was, where the bowfprit was not over the land, while there were no foundings by a line heaved over the ftern. Of all the veffels in Jidda, only two had their log-lines properly divided, and yet all were fo fond of their fuppofed accuracy, as to aver they had kept their courfe within five leagues between In¬ dia and Babelmandel. Yet they had made no eftima- tion of the currents without the ftraits, nor the different very ftrong ones foon after pa fling Socotra ; their half¬ minute glaffes, upon a medium, ran 57 feconds; they had made no obfervations on the tides or currents in the Red fea, either in the channel or in the inward paffage; yet there is delineated in this map a courfe of Captain Newland’s, which he kept in the middle of the channel, full of {harp angles and ffiort ftretches ; you would think every yard was meafured and found¬ ed 1” JIG. See Music, N° 252. JILLIFREE, ILA [159] ILA Jilluree JILLIFREE, a town on the northern bank of the (I river Gambia, oppofite to James’s ifland, "where the Englith had formerly a fmall port. The kingdom of l"”’’v Barra, in which it is fituated, produces abundance of the neceffaries of life 5 but the chief trade of the inha¬ bitants is in fait, which they carry up the river in ca¬ noes j and, in return, bring down Indian, corn, cotton- cloths, elephants teeth, fmall quantities of gold dull, &c. The number of canoes and people continually employed in this trade, make the king of Barra, ac¬ cording to Mr Park, more formidable to Europeans, than any other chieftain on the river, and have encou¬ raged him to eftablifh thofe extravagant duties, which traders of all nations are obliged to pay at entry, a- mounting almoft to 20I. on each veffel, great and fmall. Thefe duties are commonly collefted in perfon by the governor of Jillifree, who is attended by a troublefome train of dependants, who have fome knowledge of the Englith language, in confequence of their intercourfe with them, and beg with fuch importunity, that traders are often under the neceffity of complying with their demands, in order to get rid of them. N. Lat. 13. 16. W. Long. 16. 10. from Greenwich. JIN. See Genii. IKEN1LD STREET, one of the four famous ways which the Romans made in England, called Stratum Icenvrum, becaufe it began in the country of the Iccni, who inhabited Norfolk, Suffolk, and Cambridgefhire. ILA, Ilay, or Ijla, one of the chief of the Hebrides or Weftern ifles of Scotland, lying to the weft of Jura, from which it is feparated by a narrow channel. It ex¬ tends 24 miles in length from north to fouth, and is 18 in breadth from eaft to weft. On the eaft fide there are many lofty fterile mountains j but in the interior, and to the fouthward and weftward, the land is in good cultivation. A great body of limeftone of a bluilh co¬ lour, lying in the middle part of the ifland, ftretches al¬ moft through its whole length, and is now extenfively employed for the purpofes of manure. Marl, which is alfo abundant, is applied to the fame ufe. Lead-ore has been dug out in feveral places, and at fo early a period as the time of the Danes. The principal har¬ bour in Ifla is at Lochindaal, but there are feveral others which are fafe and commodious. Here are feve¬ ral rivers and lakes well ftored with trout, eels, and falmon. In the centre is Loch Finlagan, about three miles in circuit, wfith the little ifle of that name in the middle. Here the great lord of the Ifles once refided in all the pomp of royalty •, but his palaces and offices are now in ruins. Inftead of a throne, Macdonald Hood on a ftone feven feet fquare, in which there was an impreffion made to receive his feet j here he was crowned and anointed by the biffiop of Argyle and feven inferior priefts, in prefence of the chieftains. This ftone ftill exifts. The ceremony (after the new lord had collefted his kindred and vaffals) was truly patriarchal. After putting on his armour, his helmet, and his fword, he took an oath to rule as his anceftors had done ; that is, to govern as a father would his children : his people in return fwore that they would pay the fame obedience to him as children would to their parent. The dominions of this potentate, about the year 1586, confifted only of Hay, Jura, Knap- dale, and Cantyre : fo reduced were they from what they had been before the deprivation of the great earl of Rofs in the reign of James III. Near this is another little ifle, where he affembied his council, Han na Corlle, or “ the ifland of council where 13 judges conftantly fat to decide differences among his fubjefts ; and received for their trouble the nth part of the value of the affair tried before them. In the firft ifland were buried the wives and children of the lords of the Ifles 5 but their own perfons were depofited in the more facred ground of Iona. On the fhores of the lake are fome marks of the quarters of his Carnauch and Gilli-glajfes, “ the military of the ifles” ; the firft; fignifying a ftrong man, the laft a grim-looking fellow. The firft were light-armed, and fought with darts and daggers 3 the laft with ffiarp hatchets. Thefe are the troops that Shakefpeare alludes to, when he fpeaks of a Donald, who - - —- — From the Weftern ifles Of Kernes and Gallow-glaffes was fupplicd. Befides thofe already mentioned, the lords had a houfe and chapel at Lagan, on the fouth fide of Lochin¬ daal ; a ftrong caftle on a rock in the fea, at Duno- waik, at the fouth-eaft end of the country 3 for they made this ifland their refidence after their expulfion from that of Man in 1304.—There is a tradition, that while the ifle of Man was part of the kingdom of the Ifles, the rents were for a time paid in this country : thofe in filver were paid on a rock, ftill called Creig- a-mone, or (( the rock of the filver rent 3” the other, Creg-a-nairgid, or “ the rock of rents in kind.” Thefe lie oppofite to each other, at the mouth of a harbour, on the fouth fide of this ifland. There are feveral forts built on the ifles in freffi water lakes, and divers caverns in dift'erent parts of the ifland, which have been ufed occafionally as places of ftrength. The ifland is divided into four parilhes, viz. Kildalton, Killarow, Kilchoman, and Kilmenie. The produce is corn of different kinds ; fuch as bear, which fometimes yields eleven fold 3 and oats fix fold. Much flax is raifed here, and about 2000I. worth fold out of the ifland in yarn, which might better be manufadlured on the fpot, to give employ to the poor natives.. Not- withftanding the excellence of the land, above iocoL. worth of meal, is annually imported (a). Ale is fre¬ quently made in this ifland of the young tops of heath, mixing two-thirds of that plant with one of malt, fometimes adding hops. Boethius relates, that this liquor was much ufed among the Pifts 3 but when that, nation was extirpated by the Scots, the fecret of ma¬ king it periffied with them. Numbers uf cattle are bred here, and about 1700 are annually exported at the (a) This might have been the cafe in the time of Pennant, from whom the above account is taken. It is not fo now, although the population has inereafed to nearly 12,000. Ifla indeed enjoys the peculiar advantages of being not only a grazing but a corn country, and can thus afford a very confiderable exportation of both fpecies* of produce. The number of cattle now exported far exceeds that ftated above by Pennant. iW the He¬ brides, ii. 363. I L A [1 the price of 50 (hillings each. The illand is often v'"’“w over flocked, and numbers die in March for want of fodder. None but milch-cows are houfed : cattle of all other kinds, except the faddle-horfes, run out du¬ ring winter. The number of inhabitants, when Hlay was vifited by Pennant, is computed to have been between feven and eight thoufand. About 700, fays he, are employed in the mines and in the fifhery: the reft are gentleman- farmers, and fubtenants or fervants. The women fpin. The fervants are paid in kind ; the fixth part of the crop. They have houfes gratis j the mafter gives them the feed for the firft year, and lends them horfes to plough annually the land annexed. The quadrupeds of this ifland, as enumerated by * Voyage to Mr Pennant*, are (lots, weefels, otters, and hares: the laft fmall, dark-coloured, and bad runners. The birds are eagles, peregrine falcons, black and red game, and a very few ptarmigans. Red-breafted goofanders breed on the (hore among the loofe ftones, wild geefe in the moors, and herons in the illand in Loch-guirm. The fifti are plaife, fmeardab, large dabs, mullets, bal- lan, lump-fifh, black goby, greater dragonet, and that rare iilh the lepadogafter of M. Gouan. Vipers fwarm in the heath : the natives retain the vulgar error of their flinging with their forked tongues (b) *, that a fword on which the poifon has fallen will hifs in wrater like a red-hot iron ; and that a poultice of human or¬ dure is an infallible cure for the bite. In this illand, Mr Pennant informs us, feveral an¬ cient diverfions and fuperftitions are ftill preferved: the laft indeed are almoft extindf, or at moft lurk only a- mongft the very meaneft of the people. The late- wakes or funerals, like thofe of the Romans, were at¬ tended with fports, and dramatic entertainments com- pofed of many parts, and the aftors often changed their drelTes fuitably to their charafters. The fubjeft of the drama was hiftorical, and preferved by memory.—The power of fafcmation is as ftrongly believed here as it was by the Ihepherds of Italy in times of old. / J Ncfcio quis teneros oculis tnihi fafcinat agnos ? But here the power of the evil eye a (lefts more the milch-cows than lambs. If the good houfewife per¬ ceives the effect of the malicious on any of her kine, (lie takes as much milk as (lie can drain from the en¬ chanted herd (for the witch commonly leaves very little). She then boils it with certain herbs, and adds to them flints and untempered fteel ; after that (lie fecures the door, and invokes the three facred perfons. This puts the witch into fuch an agony, that (he comes nilling-willing to the houfe, begs to be admitted, to obtain relief by touching the powerful pot: the good woman then makes her terms ; the witch reftores the milk to the cattle, and in return is freed from her pains. But fometimes, to fave the trouble of thofe charms (for it may happen that the diforder may arife from ether caufes than an evil-eye), the trial is made by immerging in milk a certain herb, and if the cows ere fupematurally affeded, it inftantly diftils blood. The unfuccefsful lover revenges himfelf on his happy 60 ] X L C rival by charms potent as thofe of the fliepherd Al- pheflbaeus, and exadly ftrnilar : 'bleBe tribus nodis ternos, Amanjlli, colores : Nefile, Amcrijlli, niodo. Donald takes three threads of different hues, and tics three knots on each, three times imprecating the moft cruel difappointments on the nuptial bed : but the bridegroom, to avert the harm, ftands at the altar with an untied fhoe, and puts a iixpence beneath his foot. Hiftory furnifties very fewr materials for the great events or revolutions of Hay. It feems to have been long a feat of empire, probably jointly with the ifle of Man, as being moft conveniently fltuated for the go¬ vernment of the reft of the Hebrides \ for Crovan the Norwegian, after his conqueft of that ifland in 1066, retired and finifhed his days in Hay. There are more Danifli or Norwegian names of places in this ifland than any other : almoft all the prefent farms derive their titles from them j fuch as Perfibus, Torridale, Torribolfe, and the like. On the retreat of the Danes it became the feat of their fucceffors the lords of the ifles j and continued, after their power rvas broken, in the reign of James III. in their defeendants the Mac¬ donalds, who held or ought to have •held it from the crowm. It was in the poffeffion of a Sir James Mac¬ donald, in the year 1598, the fame who won the battle of Traii-dhruinard. His power gave umbrage to James VI. who direfled the lord of Macleod, Cameron of Lochiel, and the Macneiles of Barra, to fupport the Macleans in another invafion. The ri¬ val parties met near the hill of Benbigger, eaft of Kil- larow •, a fierce engagement enfued, and the Macdo¬ nalds were defeated and almoft entirely cut oft'. Sir James efcaped to Spain ; but returned in 1620, w as pardoned, received a penfion, and died the fame year at Glafgow ; and in him expired the laft of the great Macdonalds. But the king, irritated by the diftur- bances raifed by private wars waged betw een thefe and other clans, refumed the grant made by his predecef- for, and transferred it to Sir John Campbell of Calder, who held it on paying an annual feu-duty of five hun¬ dred pounds fterling, which is paid to this day. The ifland was granted to Sir John as a reward for his undertaking the conqueft : but the family conftdered it as a dear aequifition, by the lofs of many gallant followers, and by the expences incurred in fupport of it. ILCHESTER, a town of Somerfetfhire in Eng¬ land, feated on the river Yeovil, 129 miles from London, is fo called, becaufe it once had a caftle, and ftands on the river Ivel. It is a place of great antiquity, as ap¬ pears by the Roman coins which are fometimes dug up. It is likewife evident, from the ruins and from two towers on the bridge, that it was once a large place, ■and encompaffed with a double vrall. It alfo had feve¬ ral parilh-churches, though now but one.1 It is governed by two bailiffs, who with the twelve burgeffes are lords of the manor. In the reign of Edward III, the afiizes for the county w ere fixed here, which have fince been held I!i, Ilclieftpo (b) I his vulgar error is by no means limited to the natives of May. I L D [ 161 ] I L D fkhefler, held alternntely at Wells, Taunton, and Bridgewater. Udefonfo. rj['he knights of the (hire are always chofen here, and it — jg pjace £or thecounty courts and jail. On the lat¬ ter is its chief dependence, and therefore it cannot be very polite. It is noted for being the birth-place of Ro¬ ger the famous Friar Bacon. Ilchefter is an earldom in the Fox family. ILDEFONSO, St, a celebrated royal refldence of Spain, diftant about two miles from Segovia. It was ere£Ied by Philip V. in the midlt of a folitary wood, and in the bofom of Iteep mountains. It is chiefly re¬ markable for its gardens. There is nothing magnifi¬ cent in the palace, particularly in its exterior appear¬ ance. The front on the fide of the garden is of the Corinthian order, and notdeftitute of elegance. Here are the king’s apartments, which look upon a parterre lur- rounded with vafes and marble ftatues, and a cafcade which, for the richnefs of its decorations, may be coiii- pared with the fineft of the kind. The purity and clearnefs of the water is indeed in¬ comparable. Philip V. could not, in this refpedf, be better ferved by nature. From the mountains which (hade the palace defeend feveral rivulets, which fupply the refervoirs. Thefe waters anfwer the double pur- pofe of fupplying numerous fountains, and of diffufing life and verdure through the magnificent gardens, the fight of which alone is a fufficient recompenfe for a journey into Spain. They are on the infide a league in circumference. The inequality of the ground af¬ fords every moment new points of view. The princi¬ pal alleys anfwer to different fummits of neighbouring mountains •, and one in particular produces the moil agreeable effe£l. It is terminated at one end by the grand front of the palace. From this point are feen, at one view, five fountains, ornamented with elegant groups, rifing into an amphitheatre, above which ap¬ pear the fummits of lofty mountains. The mod ele¬ vated of thefe groups is that of Andromeda faflened io a rock. When feen at a little diitance it is perhaps defective, becaufe the rock appears too diminutive by the fide of the monfter which threatens Andromeda, and of Per feus, by whom it is attacked } but the whole contributes to the beauty of the view. The mod re¬ markable of the five groups is that of Neptune, f Travels “ Genius (fays M. Bourgoanne f) prefided at the Tb%ain' C0rnP0fit*0ri and in the choice of the fituation ; the deity of the ocean appears ere£l, furrounded by the marine court. His attitude, his threatening counte¬ nance, and the manner of holding his trident, announce that he has jud impofed filence on the mutinous waves; and the calm which reigns in the bafon, defended from every wind by the triple wall of verdure by which it is furrounded, feems to indicate that he has not iflued his commands in vain. Often have I feated myfelf, with Virgil in my hand, by the fide of this filent water, under the (hade of the verdant foliage, nor ever did I fail to recolleft the famous ^uos Ego ! “ There are other fountains worthy of the attention of the curious; fuch as that of Latona, where the limpid (heaves, fome perpendicularly, and others in every dire&ion, fall from the hoarfe throats of the Lycian peafants, half transformed into frogs, and (pouting them forth in fuch abundance, that the (latue of the goddefs difappears under the wide mantle of liquid cryftal ; that alfo of Diana in the bath, fur- You XI. Part I. rounded by her nymphs ; in the twinkling of an eye all the chafle court is hidden beneath the waters; the''"‘"’'V fpe&ator imagines he hears the whittling of aquatic birds, and the roaring of lions, from the place whence this momentary deluge efcapes by a hundred canals. The fountain of Fame is formed by a (ingle jet-d’eau, which rifes 130 feet, exhibiting to the diitance of feve¬ ral leagues round the triumph of art over nature, and falls in a gentle (hower upon the gazing fpeftators. There are fome fituations in the gardens of St Ildefonfo, whence the eye takes in the whole or the greater part of thefe fountains, and where the ear is delighted with the harmony of their murmurs. The traveller who witties to charm all his fenfes at once, mutt take his ttation on the high flat ground in front of the king’s apartment. In the thick part of the foliage are con¬ trived tw'o large arbours, from the top of which are feen twenty cryftal columns rifing into the air to the height of the furrounding trees, mixing their refplen- dent w hitenefs with the verdure of the foliage, uniting their confufed noife to the ruftlingof the branches, and refreftiing and embalming the air: if the traveller here experience no pleafing fenfations, let him return home ; he is utterly incapable of feeling either the beauties of art or nature. “ The reader may here imagine (continues our au¬ thor) my %nthufiafm too extravagant. He is mifta- ken; let him follow me to the great refervoir of abun¬ dant and limpid waters. He will have to climb for feme minutes, but will not regret the trouble he has taken. Let us fuppofe ourfelves arrived at the long and narrow alley which takes up the whole of the up¬ per part of the gardens ; proceed to the middle, and turn your face towards the cattle. To the vaft horizon around you, no other boundaries are difeovered but thofe which limit the human fight; thefe alone pre¬ vent you from difeovering the Pyrenees. Obferve the fteeple, which feems but a point in the immenfe ex¬ tent : you will perhaps imagine it to be that of the parifti-church of St Ildefonfo; but, in reality, it is the cathedral of Segovia, at two leagues diflance. The gardens, through which you have palled, become nar¬ rower to the eye. You fuppofe yourfelf dole to the royal habitation ; the alleys, fountains, and parterres, have all difappeared ; you fee but one road, which, in the form of a veflel, upon the prow of which you feetft to (land, has its ftern on the top of the palace. Af¬ terward turn and take a view of the little lake behind you, of which the irregular borders do not, like what we call our Englifh gardens, merely ape the diforder of nature. Nature herfelf has traced them, except on the fide where you (land. This ftraight alley is united at each end to the curve which furrounds the refervoir, J he waters, which ftream in abundance from the (ides of the mountain in front, meet in this refervoir, and thence defeend by a thoufand invifible tubes to other re¬ fervoirs, whence they are fpouted in columns or (heets upon the flowery foil to which they were ftrahgers. The birds, drawn by their clearnefs, come to (kim and agitate their cryftal. The image of the tufted woods which furreund them is refle&ed from their immove¬ able furface, as is alfo that of fome Ample and rural houfes, thrown as by accident, into this delightful pic¬ ture, which Lorrain would have imitated, but perhaps could not have imagined. The oppofite bank is oly- X feured I L D r 162 ] I L E JMefonfo. {cured by thick fliade. Some hollows, ©verfliadowed ’■"“"V"1 by arching trees, feem to be the afylums of the Naiades. Difturb them not by indifcreet loquacity, but filently admire and meditate. “ It is impoffible, however, not to go to the fource of thefe waters $ let us follow the meandering of their courfe, and obferve the winding paths which there ter¬ minate, after appearing and diiappearing at intervals through the copfe. Let us liften to the bubbling of the rivulets which from time to time efcape from our fight, and haften to the rendezvous affigned thena by the defcendants of Louis XIV. They formerly loft themfelves in the valleys, where they quenched the thirft of their humble inhabitants, but are now confe- crated to the pleafures of kings. Afcending the back of the pyramidical mountain, behind which their fource is concealed, we arrive at the wall which confines a part of them in the garden, and which was hidden by the trees ; nothing, however, ought here to recal to mind exclufive property and flavery. Woods, waters, and the majeftic folitude of mountains, which are at a di- ftance from the tumult of courts and cities, are the property of every man.—Beyond this wall, which forms the exterior enclofure of the gardens, is an emp¬ ty and flat ground, where the infant Don Louis, bro¬ ther to the king, chofe a place which he confecrated to cultivation. Farther on, the mountain becomes more fteep, and is covered with trees to its fummit. Let us now return ; as we feek amufement and not fatigue. We will follow the courfe of the waters ; they defcend in bubbling ftreams from one level of the gardens to the other. In their courfe, in one place they water the feet of the trees, in others they crofs an alley to nourifh more flowly the plants of a parterre. From the bafon of Andromeda they run between two rows of trees in the form of a canal, the too fudden incli¬ nation of which is taken off by cafcades and windings. They receive and carry with them from the gardens the rivulets •, which after having played amongft the ,gods and nymphs, and moiftened the throats of the .fwans, tritons, and lions, humbly defcend under ground, and run on into the bofom of the neighbouring mea¬ dows, where they fulfil purpofes lefs brilliant but more ufeful. “ We muft not quit thefe magnificent gardens with¬ out flopping at a place which appears to promife much, but produces not any very great effect. This is the fquare of the eight alleys, P/afa de las ocho calles. In the centre is the group of Pandora, the only one which is of whitened ftone, all the others are of white marble or lead painted of a bronze colour. Eight alleys an- fwer to this centre, and each is terminated by a foun¬ tain. Plats of verdure fill up the intervals between the alleys, and each has an altar under a portico of white marble by the fide of a bafon facred to feme god or goddefs. Thefe eight altars, placed at equal diftances, and decorated, among other jets-d’eau, have two which rife in the form of tapers on each fide of their divini¬ ties. This cold regularity difpleafed Philip V. who a little before bis death, when vifiting the gardens, made feme fevere reproaches to the inventor upon tha fubjeft. Philip had not the pleafure of completely en¬ joying what he had created ; death furorTH him when the works he had begun were but half finifhed. The undertaking was however the moft expenfive one of his reign. The finances of Spain, fo deranged under the Ildefonfo princes of the houfe of Auftria, (thanks to the wife cal- fl culations of Orry, to the fubfidies of France, and ftill, 1 ex* more to the courageous efforts of the faithful Caftili- ans) would have been fufficient for three long and ruinous wars, and for all the operations of a monarchy which Philip V. had conquered and formed anew, as well as to have refifted the fhocks of ambition and poli¬ tical intrigue ; but they funk beneath the expenfive ef¬ forts of magnificence.” It is fingular that the caftle and gardens of St Ilde¬ fonfo Ihould have coft about 45,000,000 of piaftres, pre- cii’ely the fum in which Philip died indebted. This enor¬ mous expence will appear credible, when it is known that the fituation of the royal palace was at the begin¬ ning of this century the Hoping top of a pile of rocks ; that it was neceffary to dig and hew out the ftones, and in feveral places to level the rock j to cut out of its fides a paffage for a hundred different canaL, to carry vegetative earth to every place in which it was intended to fubftitute cultivation for fterility, and to work a mine to clear a paffage to the roots of the numerous trees which are there planted. All thefe efforts were crown¬ ed with fuccefs. In the orchards, kitchen-gardens, and parterres, there are but few flowers, efpaliers, or plants, which do not thrive j but the tretts, naturally of a lofty growth, and which consequently muft ftrike their roots deep into the earth, already prove the in- fufficiency of art when it attempts to ftruggle againft nature. Many of them languish with withered trunks, and with difficulty keep life in their almoft naked branches. Every year it is neceffavy to call in the aid of gunpowder to make new beds for thofe which are to Supply their place 5 and none of them are covered with that tufted foliage which belongs only to thofe that grow in a natural foil. In a word, there are in the groves of St Ilclefonfo, marble ftatues, bafons, cafcades, limpid waters, verdure, and delightful profpefts, every thing but that which w ould be more charming than all the reft, thick fhades. The court of Spain comes hither annually during the heat of the dog days. It arrives towards ;the end of July, and returns at the beginning of 061ober. The fituation of St Ildefonfo, upon the declivity of the mountains which feparate the two Caftiles, and fronting a vaft plain where there is no obftacle to the paffage of the north wind, renders this abode delight¬ ful in fummer. The mornings and evenings of the hotteft.days are agreeably cool. Yet as this palace is upwards of 20 leagues from Madrid, and half of the road which leads to it croffes the broad tops of mountains, extremely fteep in many places, it is much more agreeable to the lovers of the chafe and folitude than to others. ILERDA, in Ancient Geography, the capital of the Iligertes j fituated on an eminence between the rivers Sicoris and Cinga : An unhappy city, often befieged,. and often taken, becaufe lying expofed to the incur- fions from Gaul; and under Gallienus it was deftroy- ed by the Germans. Now Lerida, in Catalonia, on the river Segra. ILEX, the Holm or HOLLT-Tree; a genus of plants belonging to the tetrandria clafs j and in the natural method ranking under the 43d order, Duwofee, See Botany Index. XLFRACOMB, I L K [ 163 ] I L L iifnromb ILFRACOMB, a town of Devondilre, feated on .1! the Severn fea, almoft oppofite to Swanfea, in Glamor- ganihire, 181 miles from London. It is a populous, rich, trading fea-port, efpecially with herrings in the Briftol-channel j noted for maintaining conilant lights to direfl the lailors j for its convenience of building and repairing drips ; and for the fafe ftielter fliips from Ire¬ land find here, when it is extremely dangerous for them to run into the mouth of the Taw, which they call Barnftaple-water j and this is one reafon why the Barn- ftaple merchants do fo much of their bufinefs at this port. The harbour, with its quay, warphoufe, light- houfe, pilot-boats, and tow-boats, was formerly main¬ tained at the expence of the anceftorsof the lord of the manor ; and then it had a quay or pier 850 feet long j but by time and the violence of the fea all went to de¬ cay 5 to remedy which, the parliament pafled an aft in 1731, for both repairing and enlarging the piers, har¬ bour, &.c. It is governed by a mayor, bailiffs, &c. and confitls chiefly of one ftreet of fcattered houfes al- moft a mile long. The number of inhabitants in 1801 is ftated at 1838. W. Long. 3. 10. N. Lat. 51. II. ILIAC Passion, a violent and dangerous kind of colic; called alfo volvulus, mferere mei, and chordap- fus. It takes its name from the inteftine ilion, on ac¬ count of its being ufually affefted in this diftemper ; or perhaps from the Greek verb uXuv, u to wind or twill j” whence alfo it is the Latins call it volvulus. See Me¬ dicine Index. ILIAD, the name of an ancient epic poem, the firft and fined; of thofe compofed by Homer. The poet’s defi^n in the Iliad was to (how the Greeks, who were divided into feveral little Hates, how much it was their interefl: to preferve a harmony and good un- derftanding among themfelves} for which emd he fets before them the calamities that befel their anceflors from the wrath of Achilles, and his mifunderftanding with Agamemnon $ and the advantages that afterwards ac¬ crued to them from their union. The Iliad is divided into 24 books or rhapfodies, which are marked with the letters of the alphabet. ILISSUS, a river running to the eaff of Athens ; which, with the Eridanus running on the weft fide, falls below the city into the fea. Sacred to the mufes, called Iliajjides •, on whofe bank their altar flood, and where the luftration in the lefs myfteries was ufually performed, ILIUM, Ilion, or Ilios, in Ancient Geography, a name for the city of Troy, but moll commonly ufed by the poets, and diftinguifhed by the epithet Vetus; at a greater diftance from the fea than what was afterwards called Ilium Novum, and thought to be the Ilienjtum Pagus of Strabo. New or modern Ilium was a village nearer the fea, with a temple of Minerva j where Alex¬ ander, after the battle of Granicus, offered gifts, and called it a city, which he ordered to be enlarged. His orders were executed by Lyfimachus, who encompaffed it with a wall of 40 ftadia. It was afterwards adorned by the Romans, who granted it immunities as to their mother-city. From this city the Ilias of Homer takes its name, containing an account of the war carried on between the Greeks and Trojans on account of the rape of Helen ; a variety of difafters being the confequence, gave rife to the proverb Ihas Malarum. ILKUCH, a town of Poland, in the palatinate of Cracow, remarkable for its mines of filver and lead. It is feated in a barren and mountainous country, in E. Long. 20. o. N. Lat. 50. 26. ILLECEBHUM, a genus of plants belonging to the pentandria clals j and in the natural method ranking under the 1 2th order, Holoracea. See Botany Index. ILLINOIS, a people of North America, inhabit¬ ing a country lying near a large lake of the fame name (called alfo Michigan), formed by the river St Law¬ rence. The country is fertile : and the people plant Indian corn, on which they chiefly fubfift. They are civil, aftive, lively, and robuft ; and are much lefs cruel in their difpofitions than the other Indian nations. They are, however, faid to be great libertines, and to marry a number of wives j but ibme of their villages have embraced Chriftianity. ILLICIUM, a genus of plants belonging to the do- decandria clafs j and in the natural method ranking with thofe of which the order is doubtful. See Bo¬ tany Index. ILLUMINATI, the name of a fecret fociety, or or¬ der, in Germany and other countries of Europe, whofe profeffed objeft, it is faid, was to propagate the pureit principles of virtue j but whofe real views were to fub? vert every eftabliftied government and religion, and delivering mankind from the neceffary and falutary re- ftraints of civil fociety, to bring them to an imaginary ftate of freedom and independence. Of this order much has been faid, and much has been written; but that a fociety has exifted, regularly organized in the way this has been reprefented, working in fecret, and, at the fame time, poffefling fuch extenfive power and influ¬ ence, no proof whatever has been adduced. The thing indeed feems impoflible. See Masonry, Free. ILLUMINATING, a kind of miniature painting, anciently much praftifed for illuftrating and adorning books. Befides the writers of books, there were ar- tifts whofe profeflion was to ornament and paint manu- feripts, who were called illuminators; the writers of books firft finiihed their part, and the illuminators em- belliihed them with ornamented letters and paintings. We frequently find blanks left in manuferipts for the illuminators, which were never filled up. Some of the ancient manuferipts are gilt and burniftied in a ftyle fuperior to later times. Their colours were excellent, and their {kill in preparing them muft have been very- great. The praftice of introducing ornaments, drawings, emblematical figures, and even portraits, into manu¬ feripts, is of great antiquity. Varro wrote the lives of 700 illuftrious Romans, which he enriched with their portraits, as Pliny attefts in his Natural Hiftory (lib. xxxv. chap. 2.). Pomponius Atticus, the friend of Ci¬ cero, was the author of a work on the aftions of the great men amongft the Romans, which lie ornamented with their portraits, as appears in his life by Cornelius Nepos (chap. 18.). But thefe works have not been tranfinitted to pofterity. There are, however, many precious documents remaining, which exhibit the ad¬ vancement and decline of the arts in different ages and countries. Thefe ineftimable paintings and illumina¬ tions difplay the manners, cuftoms, habits ecclefiaftical, civil, and military, weapons and inftruments of war, utenfils and ar.chitefture of the ancients 5 they are of the greateft ufe in illuftrating many important fafts. re- X 2 lative Ilkuck II Illutninaf- ILL f 164 ] I L L tlkiminat- lative to tlie hiftory of the times in which they were t in^‘ executed. Iji thefe treafures of antiquity are prelerved a great number of fpecimens of Grecian and' Roman art, •which were executed before the arts and fciences fell into negleft and contempt. The manufcripts contain¬ ing thele fpecimens form a valuable part of the riches preferved in the principal libraries of Europe. The Royal, Cottonian, and Harleian libraries, as alio thofe in the two univerfities in England, the Vatican at Rome, the imperial at Vienna, the royal at Paris, St Mark’s at Venice, and many others. A very ancient MS. of Genefis, which was in the Cottonian library, and almoft dettroyed by a fire in 1731, contained 250 curious paintings in water colours. Twenty-one fragments, which efcaped the fire, are en¬ graven by the fociety of antiquarians of London. Se¬ veral fpecimens of curious paintings alfo appear in Lam- becius’s catalogue of the imperial library at Vienna, par- ticularly in vol. iii. where 48 drawings of nearly equal antiquity with thofe in the Cottonian library are engra¬ ven j and feveral others may be found in various cata¬ logues of the Italian libraries. The drawings in the Vatican Virgil, made in the fourth century, before the arts were entirely negle&ed, illuftrate the different fub- jedfs treated of by the Roman poet. A minature draw¬ ing is prefixed to each of the gofpels brought over to England by St Auguftin in the 6th century, which is preferved in the library of Corpus Chrilti college, Cam¬ bridge : in the compartments of thofe drawings are de- pifted reprefentations of feveral tranfadfions in each go- fpel. The curious drawings, and elaborate ornaments in St Cuthbert’s gofpols, made by St Ethelwald, and now in the Cottonian library, exhibit a linking fpeci- men of the Hate of the arts in England in the 7th cen¬ tury. The fame may be observed with refpedl to the drawings in the ancient copy of the four gofpels prefer¬ ved in the cathedral church of Litchfield, and thofe in the Codex Rufhworthianus in the Bodleian library at Oxford. The life of St Paul the hermit, now remain¬ ing in Corpus Chrilli college, Cambridge, (G. ?.), af¬ fords an example of the flyle of drawing and ornament¬ ing letters in England in the 8th century 5 and the co¬ py of Prudentius’s Pfycomachia in the Cottonian library (Cleop. c. 8.) exhibits the ftyle of drawing in Italy in the 9th century. Of the 10th century there are Ro¬ man drawings of a fingular kind in the Harleian libra¬ ry (N° 2820.). N°s 5280, 1802, and 432, in the fame library, contain fpecimens of ornamented letters, which are to be found in Irifh MSS. from the 1 2th to the 14th century, Caedmon’s Poetical Paraphrafe of the book of Genefis, written in the 1 i th century, which is preferved among!! F. Junius’s MSS. in the Bodleian li¬ brary, exhibits many fpecimens of utenfils, weapons, in- flruments of mufic, and implements of hufbandry uled by the Anglo Saxons. The like may be feen in ex- trafts from the Pentateuch of the fame age in the Cot¬ tonian library (Claud. B. 4.). The manufeript copy of Terence in the Bodleian library (D. 17.) difpiays the dreffes, malks, &c. worn by comedians in the j 2th century, if not earlier. The very elegant Pfaller in the library of Trinity college, Cambridge, exhibits fpe¬ cimens of the art of drawing in England in the fame century. The Virgil in the Lambeth library of the 13th century (N° 471.), written in Italy, (hows both by the drawings^and writing, that the Italians produced works much inferior to ours at that period. The copy Illuminst- of the Apocaiypfe in the fame library (N° 209.), con- ing- tains a curious example of the manner of painting in the 'Tm~J 14th century.—The beautiful paintings in the hiflory of the latter part of the reign of King Richard II. in the Harleian library (N° 1319.), afford curious fpecimens of manners and culfoms, both civil and military, at the clofe of the 14th and in the beginning of the 15th cen¬ tury j as does N° 2278. in the fame library.—Many other inflances might be produced •, but thofe who de- fire farther information may confult Strutt’s Regal and Ecclefiafiical Antiquities, qto, and his Horda Ai.gel- cynnan lately publilhed in 3 vols. This art. was much practifed by the clergy, and even by fome in the highelt ftations in the church. “ The famous Ofmur.d (lays Bromton), who was confe- crated bilhop of Salifbury, A. D. 1076, did not difdain to fpend fome part of his time in writing, binding, and illuminating books.” Mr Strutt, as already noticed, has given the public an opportunity of forming fome judgment of the degree of delicacy and art with which thele illuminations were executed, by publiftiing prints of a prodigious number of them, in his “ Regal and Ecclefiaffical Antiquities of England,” and “ View of the Cuftoms, &c. of England.” In the firft of thefe works we are prefented with the genuine portraits, in miniature, of all the kings, and feveral of the queens of England, from Edward the ConftiTor to Henry VII. molfly in their crowns and royal robes, together with the portraits of many other eminent perfons of both fexes. The illuminators and painters of this period feem to have been in poffeffion of a confiderable number of co¬ louring materials, and to have known the arts of pres paring and mixing them, fo as to form a great variety of colours : for in the fpecimens of their miniature- paintings that are llill extant, we perceive not only the five primary colours, but alfo various combinations of them. Though Strutt’s prints do not exhibit the bright and vivid colours of the originals, they give us equally a view, not only of the perfons and dreffes of our anceftors, but alfo of their cuiloms, manners, arts, and employments, their arms, Ihips, houfes, furniture, &c. and enable us to judge of their (kill in drawing. The figures in thofe paintings are often fiiff and formal ; but the ornaments are in general fine and delicate, and the colours clear and bright, particularly the gold and azure. In lome of thele illuminations the paflions are firongly painted. How ilrongly, for example, is ter¬ ror painted in the faces of the earl of Warwick’s failors, when they were threatened with a fhipwreck, and grief in the countenances of thole w ho w ere prefent at the death of that hero* ? After the introduftion of print- *gce <;trut£ ing, this elegant art of illuminating gradually declined, vol. ii. and at length was quite neglected. p ates 36, Before concluding, it may not be improper to ob- 58* ferve, that from the 5th to the 10th century, the minia¬ ture paintings which we meet with in Greek manu- feripts are generally good, as are fome which we find among thofe of Italy, England, and France. From the 10th to the middle of the 14th century the) are commonly very bad, and may be confidered as fo many monuments of the barbarity of thofe ages ; towards the latter end of the 14th, the paintings in manufcripts were much improved 3 and in the tw o fucceeding cen- turies^ ing II. Illyrius. ILL [3 liluminat- turies, many excellent performances were produced, efpecialiy after the happy period of the reftoration of the arts, when great attention was paid to the works of i the ancients, and the iludy of antiquity became faihion- able. ILLUMINATORS. See Illuminating. ILLUMINED, Illuminati, a church term, an¬ ciently applied to fuch perl'ons as had received baptifm. This name was occaiioned by a ceremony in the bap¬ tifm of adults-, which confided in putting a lighted taper in the hand of the perfon baptized, as a fymbol of the faith and grace he had received in the lacra- ment. Illumined, Illuminati, is alfo the name of a fe£t of heretics, who fprang up in Spain about the year 1575^ and were called by the Spaniards A/ambraclos. Their principal doftrines were, that by means of a fublime manner of prayer, which they had attained to, they entered into fe perfect a date, that they had no occafion for ordinances, facraments, nor good works ; and that they could give way even to the viled actions, without fin. The fedt of Illumined was revived in France in the year 1634, and were foon after joined by the Gue- rinets, or difciples of Peter Guerin, who together made but one body, called alfo Illumined; but they were fo hotly purfued by Louis XI1L that they were foon de- jdroyed. The brothers of the Rofy Crofs are fometimes alfo called Illumined. See Rosycrusian. ILLUSTRIOUS, Illustris, was heretofore, in the Roman empire, a title of honour peculiar to people of a certain rank. It was fird given to the mod didin- guithed among the knights, who had a right to bear the latus clavus : afterwards, thofe were intitled illujlrious who held the fird rank among thofe called honorati; that is, the prsefedti prtetorii, prsefecli urbis, treafurers, comites, &tc. There were, however, different degrees among the il¬ lujlrious ; as in Spain they have grandees of the fird and fecond clafs, fo in Rome they had their illujlres, whom they called great, majores; and others lefs, called illu- Jlres minores.—For indance 5 the praefedlus praetorii w as a degree below the mader of the offices, though they were both illujlres. The Novels of Valentinian didinguiffi as far as five kinds of illujlres; among whom, the illujlres admim- Jlratores bear the fird rank. ILLYRICUM, (Solum perhaps underdood) Livy, Herodian, St Paul j called lllyns by the Greeks, and fometimes Illyria; the country extending from the Adriatic to Pannonia thus called. Its boundaries are varioufly adigned. Pliny makes it extend in length from the river Arfia to the Drinius, thus including Li- burnia to the wed, and Dalmatia to the ead : which is alfo the opinion of Ptolemy -, who fettles its limits from Mount Scardus and the Upper Moefia on the ead, to Idria in the wed. A Roman province, divided by Augudus into the Superior and Inferior, but of which the limits are left undetermined both by ancient hb dorians and geographers. Illyrii the people -, called lllyres by the Greeks. The country is now called Sclavonia. ILLYRIUS, MatthiaSjFlaccus, or Francowitz, line of the mod learned divines of the Augfburg con- feffion, born in Idria, anciently called Illyrica, in 1520. He is faid to have been a man of vad genius, extenfive a. 65 7 IMA learning, of great zeal againd Popery 5 but of fuch a redlefs and padionate temper, as overbalanced all his good qualities, and occafioned much diflurbance in the Protedant church. He publifhed a great number of books, and died in 1 575. IMAGE, in a religious fenfe, is an artificial repre- fentation or fimilitude of fome perfon or thing, ufed ei¬ ther by way of decoration and ornament, or as an object of religious worlhip and adoration : in which lad fenfe it is ufed indifferently with the word Idol. The noble Romans preferved the images of their anceftors with a great deal of care and concern, and had them carried in procedion at their funerals and triumphs: thefe w'ere commonly made of w ax, or wood, though fometimes of marble or brafs. They placed them in the veltibules of their houfes and they were to day there, even if the huufes happened to be fold, it being accounted impious to difplace them. Appius Claudius was the drd who brought them into the temples, in the year of Rome 259, and he added, inferiptions to them, fhowing the origin of the perfons reprefented, and their brave and virtuous atchieve- ments.—It was not, however, allowed for all, who had the images of their anceftors in their houfes, to have them carried at their funerals j this was a thing only granted to fuch as had honourably difeharged them- felves of their offices j for thofe who failed in this re- fpe6I forfeited that privilege and in cafe they had been guilty of any great crime, their images were broken in pieces. See Ignobiles and Jus. The Jews abfolutely condemn all images,.znA do not fo much as fuffer any ftatues or figures in their houfes, much lefs in their fynagogues- or places of vorftiip. The ufe and adoration of images are things that have been a long time controverted in the world. It is plain, from the pra£f ice of the primitive church,, recorded by the earlier fathers, that Chriftians, for the firft three centuries after Chrift, and the greater part of the fourth, neither worffiipped images nor ufed them in their worffiip. However, the greater part of the Popiffi divines maintain, that the ule and worffiip of images were as ancient as- the Chriftian religion itfelf: to prove this, they allege a decree, faid to have been made in a council held by the Apoftles at An¬ tioch, commanding the faithful that they may not err about the obje into fome tree, in order to proclaim the will of his fovereign. The Imerettans profefs the religion of the Greek church. Their patriarch muft be of the royal family 5 but it is feldom that he can either read or write ; the priefts who compofe the reft of the clergy are not much more enlightened. The greater part of their churches are pitiful edifices, which can fcarcely be diftinguirtied from the common huts of the inhabi¬ tants but by a parteboard crucifix, and a few coarfe paintings of the Virgin, which are feen in them. IMITATION, derived from the Latin imitare, to “ reprefent or repeat,” a found or adlion, either exaftly or nearly in the fame manner as they were originally exhibited. Imitation, in Mufic, admits of two different fenfes. Sound and motion are either capable of imitating them¬ felves by a repetition of their own particular modes, or of imitating other objedts of a nobler and more ab- 2 ftradled I M I [ 168 ] I M I Imitation.^ ftra&ed nature. Nothing perhaps is To purely mental, * nothing fo remote from external fenfe, as not to be imitable by mufic. But as the defcription of this in M. Rouffeau, article Imitation, is nobly animated, and com¬ prehends all that is necefiary to be faid on the fubje£t, we tranflate it as follows. “ Dramatic or theatrical mufic (fays he) contri¬ butes to imitation no lefs than painting or poetry : it is in this common principle that we muft invelligate both the origin and the final caufe of all the fine arts j *See Beaux as M. le Batteaux has fliown *. But this imitation is Arts red/at not equally extenfive in all the imitative arts. What- lriruiPemeeVeT tllC imagination can reprefent to itfelf is in the pnnope. department 0f poetry. Painting, which does not pre- fent its pi&ures to the imagination immediately, but to external fenfe, and to one tenfe alone, paints only fuch objects as are difcoverable by fight. Mufic might appear fubje&ed to the fame limits with refpedl to the ear j yet it is capable of painting every thing, even fuch images as are objefts of ocular perception alone : by a magic almoil: inconceivable, it feems to transform the ears into eyes, and endow them with the double function of perceiving vifible obje&s by the mediums of their own j and it is the greateft miracle of an art, which can only aft by motion, that it can make that 'very motion reprefent abfolute quiefcence. Night, lleep, filence, folitude, are the noble efforts, the grand images, reprefented by a pi£lurefque mufic. We know that noife can produce the fame effeft with filence, and filence the fame effeft with noife j as when one fleeps at a lefture infipidly and monotonically de¬ livered, but wakes the inftant when it ends. But raufic acts more intimately upon our fpirit?, in exci¬ ting by one ienfe difpofitions fimilar to thofe which we find excited by another ; and, as the relation be¬ tween thefe images cannot be fenfible unlefs the im- prefiion be ftrong, painting, when dive fled of this en- ergy, cannot reftore to mufic that afliftance in imita¬ tions which file borrows from it. Though all nature fhould be afieep, he who contemplates her does not fleep 5 and the art of the mufician confifts in fubftitu- txng, for this image of infenfibility in the objett, thofe emotions which its prefence excites in the heart of the contemplator. He not only ferments and agitates tne ocean,'animates the flame to conflagration, makes the fountain murmur in his harmony, calls the rattling fhower from heaven, and fwells the torrent to refiftlefs rage ; but he paints the horrors of a boundlefs and -frightful defert, involves the fubterraneous dungeon in tenfold gloom, foothes the tempeft, tranquillizes the difturbed elements, and from the orcheftra diffufes a recent fragrance through imaginary groves *, nay, he excites in the foul the fame emotions which we feel from the immediate perception and full influence of thefe objefts.” Under the word Harmony, Roufleau has faid, that no afliftance can be drawn from thence, no original prin¬ ciple which leads to mufical imitation ; fince there can¬ not' be any relation between chords and the objefls which the compofer would paint, or the pafiions which be would exprefs. In the article Melody, he imagines he has difcovered that principle of imitation which harmony cannot yield, and what refources of nature are employed by mufic in reprefenting thefe objeas and thefe palfions. It is hoped, however, that in our article of MfXOfcY, Imitation., we have fhown upon what principle mufical imitation may be compatible with harmony ; though we admit, that from melody it derives its moft powerful energy, and its moft attradive graces. Yet we muft either be deceived beyond all poflibility of cure, or we have felt the power of imitative harmony in a high degree. We are certain that the fury, the impetuofity, the rapid viciflitudes, of a battle, may be fuccefsfully and vividlv reprefented in harmony. We have participated the exultation and triumph of a conqueft, infpired by the found of a full chorus. We have felt all the folemnity and grandeur of devotion from the floTv movement, the deep chords, the fwelling harmony, of a fentimental compofition played upon the organ. Nor do we ima¬ gine harmony lefs capable of prefenting the tender depreflion, the fluduating and tremulous agitation, of grief. As this kind of imitation is the nobltft effort of mufic, it is alloniftiing that it ftrould have been over¬ looked by M. d’Alembert. He has indeed apologi¬ zed, by informing us, that his treatife is merely ele¬ mentary : but we are uncertain how far this apology ought to be regarded as fufficient, when it is at the fame time confidered, that he has given an account of imitation in its mechanical, or what Roufleau calls its technical, fenfe ; which, however, to prevent ambiguity, we Ihould rather choofe to call mymefis, or anacephalio- Jis. To Rouffeau’s account of the word in this accepta¬ tion, we return. “ Imitation (fays he) in its technical fenfe, is a reiteration of the lame air, or of one which is fimilar, in feveral parts where it is repeated by one after the other, either in unifon, or at the diftance of a fourth, a fifth, a third, or any other interval whatever. The imitation may be happily enough purfued even though feveral notes fliould be changed ; provided the fame air may always be recognifed, and that the compofer does not deviate from the laws of proper modulation. Fre¬ quently, in order to render the imitation more fenfible, it is preceded by a general reft, or by long notes which feem to obliterate the impreflion formerly made by the air till it is renewed with greater force and vivacity by the commencement of the imitation. The imitation may be treated as the compofer chqofes j it may be abandoned, refumed, or another begun, at pleafure j in a word, its rules are as much relaxed as thofe of the fugue are fevere ; for this reafon, it is defpifed by the moft eminent mafters ; and every imitation of this kind too much affefted, almoft always betrays a novice in compofition.” Imitation, in Oratory, is an endeavour to referable a fpeaker or writer in thofe qualities with regard to which we propofe them to ourfelves as patterns. The firft hiftorians among the Romans, fays Cicero, were very dry and jejune, till they began to imitate the Greeks, and then they became their rivals. It is well known how clofely Virgil has imitated Homer in his yEneid, Hefiod in his Georgies, and Theocritus in his Eclogues. Terence copied after Menander; and Plautus after Epicarmus, as we learn from Horace, lib. ii. ep. ad Auguft. who himfelf owes many of his beauties to the Greek lyric poets. Cicero appears, from many paflages in his writings, to have imitated the Greek orators. Thus Quintilian fays of him, that he has expreffed the ftrength and fublimity of De» niofthenes. I M P t 169 1 I M P Imitation mofthenes, the copioufnefs of Plato, and the delicacy of Ifocrates. IMMACULATE, fomethxng without ftain, chief¬ ly applied to the conception of the holy Virgin. See ^Conception, Immaculate. IMMATERIAL, fomething devoid of matter, or that is pure fpirit. See Metaphysics. IMMEDIATE, whatever is capable of producing an efte£t without the intervention of external means j thus we fay, an immediate caufe, in oppofition to a me¬ diate or remote one. IMMEMORIAL, an epithet given to the time or duration of any thing whofe beginning we know no¬ thing of. In a legal fenfe, a thing is faid to be of time imme¬ morial, or time out of mind, that was before the reign of our king Edward II. IMMENSITY, an unlimited extenfion, or which no finite and determinate fpace, repeated ever fo often, can equal. IMMER, the moll eafterly ifland of all the New Hebrides in the South fea. It lies about four leagues from Tanna, and feems to be about five leagues in cir¬ cumference j it is of a confiderable height, with a flat top. IMMERETTA, or Imereti a. See Imereti a. IMMERSION, that aft by which any thing is plun¬ ged into water or other fluid. It is ufed in chemiftry for a fpecies of calcination, when any body is immerfed in a fluid to be corroded: or it is a fpecies of lotion *, as when a fubftance is plun¬ ged into any fluid, in order to deprive it of a bad qua¬ lity, or communicate to it a good one. Immersion, in vdfronomy, is when a ftar or planet is fo near the fun with regard to our obfervations, that we cannot fee it j being, as it were, enveloped and hid in the rays of that luminary. It alfo denotes the be¬ ginning of an eclipfe of the moon, or that moment when the moon begins to be darkened, and to enter into the Ihadow of the earth. IMMOLATION, a ceremony ufed in the Roman facrifices ; it confifted in throwing upon the head of the viftim fome fort of corn and frankincenfe, together with the mola or fait cake, and a little wine. IMMORTAL, that which will laft to all eter¬ nity, as having in it no principle of alteration or cor¬ ruption. IMMUNITY, a privilege or exemption from fome office, duty, or impofition $ as an exemption from tolls, &.C. Immunity is more particularly underftood of the li¬ berties granted to cities and communities. IMMUTABILITY, the condition of a thing that cannot change. Immutability is one of the divine at¬ tributes. See God. IMOLA, a town of Italy, in the territory of the church, and in Romagna, with a bilhop’s fee. It is a very handfome populous place $ and is feated on the river Santerno, in E, Long. ji. 43. N. Lat. 44. 28. IMPACT, the Ample or Angle aftion of one body upon another to put it in motion. Point of impaft is the place or point where a body afts. IMPALE, in Heraldry, is to conjoin two coats of XI. Part I. arms pale-wife. Women impale their coats of arms Impalt with thofe of their hufbands. See Heraldry. im 3--bi To impale cities, camps, fortiAcations, &c. is to in- 1 clofe them with pallifadoes. y—U* To Impale, or Empale, Agnifies alfo to put to death by fpitting on a flake fixed upright. IMPALPABLE, that whofe parts are fo extremely minute, that they cannot be diftinguiftied by the fenfes, particularly by that of feeling. IMPANATION, a term ufed by divines to fignify the opinion of the Lutherans with regard to the eucha- rift, who believe that the fpecies of bread and wine re¬ main together with the body of our Saviour after con- fecration. IMPANNELLING, in Law, fignifies the writing down or entering into a parchment, lift, or fchedule, the names of a jury fummoned by the flieriit to appear for fuch public fervices as juries are employed in. IMPARLANCE, in Law, a petition in court for a day to confider or advife what anfwer the defendant ftiall make to the plaintiff’s aftion $ and is the continu¬ ance of the caufe till another day, or a longer time gi¬ ven by the court. IMPASSIBLE, that which is exempt from fuffer- ing } or which cannot undergo pain or alteration. The Stoics place the foul of their wife men in an impaflible, imperturbable ftate. See Apathy. IMPASTATTON, the mixture of various materials of different colours and confiftencies, baked or bound together with fome cement, and hardened either by the air or by fire. IMPATIENS, Touch-me-not, and Bafamine ; a genus of plants belonging to the fyngenefia clafs j and in the natural method ranking under the 24th order, corydales. See Botany Index. IMPEACHMENT, an accufation and profecutioa for treafon and other crimes and mifdemeanours. Any member of the lower houfe of parliament may impeach any one belonging either to that body, er to the houfe of lords. The method of proceeding is to exhibit ar¬ ticles on the behalf of the commons, by whom mana¬ gers are appointed to make good their charge. Thefe articles are carried to the lords, by whom every per- fon impeached by the commons is always tried j and if they find him guilty, no pardon under the great feal can be pleaded to fuch an impeachment. 12 Will. III. cap. ii. IMPECCABILES, in church hiftory, a name gi¬ ven to thofe heretics who boafted that they were impec¬ cable, and that there was no need of repentance : iuch were the Gnoftics, Prifcillianifls, &.c. IMPECCABILITY, the ftate of a perfon who can¬ not fin $ or a grace, privilege, or principle, which puts him out of a poflibiiity of finning. The fchoolmen diftinguifli feveral kinds and degrees of impeccability : that of God belongs to him by na¬ ture : that of Jefus Chrift, confidered as man, belongs to him by the hypoftatical union : that of the bleffed is a confequence of their condition : that of men is the effeft of a confirmation in grace, and is rather called impeccanceCtiiaa impeccability; accordingly divines diftinguifh between thefe two: this diftinftion is found neceffary in the difputes againft the Pelagians, in or¬ der to explain certain terms in the Greek and Latin Y fathers, IMP [ 170 ] I M P lity II . Imperial Cities. Impeecabi- fathers, which without this diftin&Ion are eauly con¬ founded. IMPEDIMENTS, in Law, are fuch hinderances as put a flop or ftay to a perfon’s feeking for his right ’ by a due courfe of law. Perfons under impediments are thofe under age or coverture, non compos mentis, in prifon, beyond fea, &c. who, by a faving in our laws, have time to claim and profecute their rights, after the impediments are removed, in cafe of fines levied, &c. IMPENETRABILITY, in Philofophy, that pro¬ perty of body, whereby it cannot be pierced by an¬ other : Thus, a body which fo fills a fpace as to ex¬ clude all others, is faid to be impenetrable- IMPERATIVE, one of the moods of a verb, ufed when we would command, intreat, or advife : thus, ^0 reacJ, take pity, be advifed, are imperatives in our lan¬ guage. But in the learned languages, this mood has a peculiar termination to diflinguifli it from others, as i, or ito, “ go jn lege, or legito, “ read,” &c. and not only fo, but the termination varies, according as you addrefs one or more perfons, as audi, and audite; umsHu, xxxflav, UKvilarci-t, &c. IMPERATOR, in Roman antiquity, a title of ho¬ nour conferred on vidtorious generals by their armies, and afterwards confirmed by the fenate. Imperator was alfo the title adopted by the Roman emperors. IMPERATORIA, Masterwort, a genus of plants belonging to the pentandria clafs j and in the natural method ranking under the 45th order, Umbella¬ te. See Botany Index. IMPERFECT, fomething that is defective, or that wants fome of the properties found in other beings ®f the fame kind. IMPERFECT Number, is that whofe aliquot parts, taken all together, do not make a fum that is equal to the number itfelf, but either exceed it, or fall fhort of it 5 being an abundant number in the former cafe, and a defeftive number in the latter. Thus 12 is an a- bundant imperfedt number, becaufe the fum of all its aliquot parts, I, 2, 3, 4, 6, makes 16, which exceeds the number 12. And 10 is a defedlive imperfedt num¬ ber, becaufe its aliquot parts 1,2, 5, taken all together, make only 8, which is lefs than the number 10 itfelf. IMPERFECT Tenfe, in Grammar, atenfethat denotes fome preterite cafe, or denotes the thing to be at that time prefent, and not quite finifhed } zs feribebam, “ I was writing.” See Grammar. IMPERIAL, fomething belonging to an emperor, or empire. See Emperor and Empire.—Thus we fay, his imperial majefty, the imperial crown, imperial arms, &c. Imperial Crown. See Heraldry. IMPERIAL Chamber, is a fovereign court, eftablifh- ed for the affairs of the immediate Rates of the empire. See Chamber, and Germany. IMPERIAL Cities, in Germany, are thofe which own no other head but the emperor. Thefe are a kind of little commonwealths ; the chief magiflrate whereof does homage to the emperor •, but in other refpedts, and in the adminiflration of juftice, is fovereign. . Imperial cities have a right of coining money, and ®f keeping forces and fortified places, Their deputies aflift at the imperial diets,, where they are divided in- Imperial to two branches, that of the Rhine and that of Suabia. C'1^cs There were formerly 22 in the former and 37 in the lat- xmp0iiti0n ter ; but there are now only 48 in all, ^—L ' ^ IMPERIAL Diet, is an affembly or convention of all the Rates of the empire. See Diet and Germany. IMPERSONAL verb, in Grammar, a verb to which the nominative of any certain perfon cannot be prefixed 5 or, as others define it, a verb deflitute of the two firR and primary perfons, as decet, oportet, &c. the imperfonal verbs of the adtive voice end in t, and thofe of the paflive in tur ; they are conjugated through the third perfon Rngular of almofl all the tenfes and moods : they want the imperative, inflead of which wre ufe the prefent of the fubjundlive 5 aspceniteat, pugnetur, &d. nor, but a few excepted, are they to be met with in the fupines, participles or gerunds. IMPERVIOUS, a thing not to be pervaded or pafled through, either by reafon of the clofenefs of its pores, or the particular configuration of its parts. IMPETIGO, in Medicine, an extreme roughnefs and foulnefs of the fkin, attended with an itching and plentiful feurf. The impetigo is a fpecies of dry pruriginous itch, wherein feales or feurf fucceed apace j arifing from fa- line corrofive humours thrown out upon the exterior parts of the body, by which means the internal parts are ufually relieved. IMPETRATION, the adt of obtaining any thing by requefl or prayer. Impetration was more particularly ufed in our fla- tutes for the pre-obtaining of benefices and church-o£V fices in England from the court of Rome, which did be¬ long to the difpofal of the king and other lay patrons of the realm ; the penalty whereof is the fame with that of provifors, 25 Ed. III. IMPETUS, in Mechanics, the force with which one body Rrikes or impels another. IMPLICATION, in Law, is where fomething is implied that is not exprefled by the parties themfelves in their deeds, contradls, or agreements. To IMPLY, or Carry, in Mufic. Thefe we have ufed as fynenymous terms in that article. They are intended to fignify thofe founds which ought to be the proper concomitants of any note, whether by its owm nature, or by its pofition in artificial harmony. Thus every note, confidered as an independent found, may be faid to carry or imply its natural harmonics, that is to fay, its odfave, its twelfth, and its feven- teenth j or, when reduced, its eighth, its fifth, and its third. But the fame found, when confidered as conRi- tuting any part of harmony, is fubjedled to other laws and different limitations. It can then only be faid to carry or imply fuch fimple founds, or complications of found, as the preceding and fubfequent chords admit or require. For thefe the laws of melody and har¬ mony mufl be conlulted. See Melody and Har¬ mony. IMPORTATION, in Commerce, the bringing merchandife into a kingdom from foreign countries j in contradiflindlion to exportation. See Exporta¬ tion. For the principal laws relating to importation, fee Cvjlomhoufe Laivs. IMPOSITION of hands, an ecclefiaflical adlion by which I M P Imposition -which a bifliop lays his hand on the head of a perfon, il in ordination, confirmation, or in uttering a blefling. t!ni!°e praftice is alfo frequently obferved by the diflen- ■ ters at the ordination of their minifters, when all the minifters prefent place their hands on the head of him whom they are ordaining, while one of them prays for a blefling on him and his future labours. This fome of them retain as an ancient practice, juftified by the example of the apoftles, when no extraordinary gifts are conveyed. However, they are not agreed as to the propriety of this ceremony j nor do they confider it as an eflential part of ordination. Impolition of hands was a Jewifh ceremony, intro¬ duced not by any divine authority, but by cuftom *, it 'being the pra£tice among thofe people whenever they prayed to God for any perfon to lay their hands on his head. Our Saviour obferved the fame cullom, both when he conferred his blefling on children, and when he cured the fick; adding prayer to the ceremony. The apoftles likewife laid hands on thofe upon whom they bellowed the Holy Ghoft.—The priefts ohferved the fame cuftom when any one was received into their body.—And the apoftles themfelves underwent the impofition of hands afrefh every time they entered upon any new defign. In the ancient church impo¬ fition of hands was even praclifed on perfons when they married, which cuflom the Abyflinians ftill ob- ferve. IMPOSSIBLE, that which is notpoflible, or which cannot be done or effetfted. A propofition is faid to be impoflible, when it contains two ideas which mutu¬ ally deftroy each other, and which can neither be con¬ ceived nor united together. Thus it is impoflible that a circle Ihould be a fquare } becaufe we conceive clearly that fquarenefs and roundnefs deftroy each other by the contrariety of their figure. There are two kinds of impoffibilities, phyfical and moral. Phyfical impoflibility is that \Vhich is contrary to the law of nature. / A thing is morally impoflible, when of its own na¬ ture it is poflible, but yet is attended with fuch diffi¬ culties, as that, all things confidered, it appears im¬ poflible. Thus it is morally impoflible that all men fhould be virtuous ; or that a man ftiould throw the fame number with three dice a hundred times fuc- ceflively. A thing which is impoflible in lawq ig the fame with a thing impoflible in nature: and if any thing in a bond or deed be impoflible to be done, fuch deed, &c. is void. 21 Car. I. IMPOST, in Archite&ure, a capital or plinth, to a pillar or pilafter, or pier that fupports an arch, &c. Impost, in Law, fignifies in general a tribute or cuftom, but is more particularly applied to fignify that tax which the crown receives for merchandifes import¬ ed into any port or haven. IMPOSTHUME, or abfcefs, a colleflion of mat¬ ter or pus in any part of the body, either owing to an obftru&ion of the fluids in that part, which makes them change into fuch matter, or to a tranflation of it from fome other part where it was generated. See Surgery Index. I M P IMPOSTOR, in a general fenfe, denotes a perfon Impoftor who cheats by a fi&itious charafter. H Religious IMPOSTORS, are fuch as falfely pretend to mP0^e_nu>',t an extraordinary commiflion from heaven j and who terrify and abufe the people with falfe denunciations of judgments. Thefe are punifhable in the temporal courts with fine, imprifonment, and infamous corporal punilhment. IMPOTENCE, or Impotency, in general, de¬ notes w-ant of ftrength, power, or means, to perform any thing. Divines and philofophers diftinguifh two forts of impotency ; natural and moral. The firft is a want of fome phyfical principle, neceflary to an aftion; or where a being is abfolutely defeftive, or not free and at liber¬ ty to a6l : The fecond only imports a great difficulty $ as a ftrong habit te the contrary, a violent paflion, or the like. Impotency is a term more particularly ufed for a na¬ tural inability to coition. Impotence with refpefl to men is the fame as fterility in women 5 that is, an ina¬ bility of propagating the fpecies. There are many caufes of impotence ; as, a natural defeat in the organs of generation, which feldom admits of a cure : accidents or difeafes; and in fuch cafes the impotence may or may not be remedied, according as thete are curable or otherwife.—The moft common caufes are, early and immoderate venery, or the venereal difeafe. We have inftances, however, of unfitnefs for generation in men, by an impediment to the ejection of the femen in coi¬ tion, from a wrong direction which the orifice at the verumontanum got, whereby the feed was thrown up into the bladder. M. Petit cured one patient under fuch a difficulty of emiflion, by making an incifion like to that commonly made in the great operation for the ftone. On this fubjeft we have fome curious and original obfervations by the late Mr John Hunter in his Trea- tife on the Venereal Difeafe *. He confiders impoten- * p. 20i. cy as depending upon two caufes. One he refers to the See. sd edit., mind j the other to the organs. 1. As to impotency depending upon the mind, he ob- ferves, that as the “ parts of generation are not necef- fary for the exiftence or fupport of the individual, but have a reference to fomething elfe in w'hich the mind has a principal concern; fo a complete a£1 ion in thofe parts cannot took place without a perfeft harmony of body and of mind ; that is, there mull be both a power of body and difpofition of mind ; for the mind is fubjeft to a thoufand caprices, which affeft the aftions of thefe parts. “ Copulation is an aft of the body, the fpring of which is in the mind j but it is not volition : and ac¬ cording to the ftate of the mind, fo is the aft per¬ formed. To perform this aft well, the body flrould be in health, and the mind Humid be perfeftly confi¬ dent of the powers of the body *, the mind Ihould be in a ftate entirely difengaged from every thing elfe : it ftiould have no difficulties, no fears, no apprefien- fions, not even an anxiety to perform the aft well : for even this anxiety is a ftate of mind different from what fhould prevail; there fhould not be even a fear that the mind itfelf may find a difficulty at the time the aft fhould be performed. Perhaps no funftion of Y 2 the [ i?1 1 1 M P t i?2 1 I M P Impoteocy the machine depends fo much upon the fiate of the v— ' mind as this. “ The will and reafoning faculty have nothing to do with this power j they are only employed in the aft, fo far as voluntary parts are made ufe of: and if they ever interfere, which they fometimes do, it often produces another date of mind which deftroys that which is proper for the performance of the aft 5 it produces a delire, a with, a hope, which are all only diffidence and uncertainty, and create in the mind the idea of a poffibility of the want of fuecefs, which de- itroys the proper ftate of mind or neceflary confidence. “ There is perhaps no aft in which a man feels himfelf more interelted, or is more anxious to perform well; his pride being engaged in fome degree, which if within certain bounds would produce a degree of perfeftion in an aft depending upon the will, or an aft in voluntary parts ; but when it produces a ftate of mind contrary to that ftate on which the perfeftion of the aft depends, a failure muft be the confequence. “ The body is not only rendered incapable of per¬ forming this aft by the mind being under the above in¬ fluence, but alfo by the mind being, though perfeftly confident of its power, yet confcious of an impropriety in performing it } this, in many cafes, produces a ftate of mind wffiich (hall take away all power. The ftate of a man’s mind refpefting his After takes away all power. A confcientious man has been known to lofe his powers on finding the woman he was going to be connefted with unexpeftedly a virgin. “ Shedding tears arifes entirely from the ftate of the mind, although not fo much a compound aft ion as the aft in queftion; for none are fo weak in body that they cannot Hied tears; it is not fo much a compound aftion of the mind and ftrength of body joined, as the other aft is 5 yet if we are afraid of ffiedding tears, or are defirous of doing it, and that anxiety is kept up through the whole of an affefting fcene, we certainly fhall not Hied tears, or at leaf! not fo freely as would have happened from our natural feelings. “ From this account of the neceffity of having the mind independent refpefting the aft, we muft fee that it may very often happen that the ftate of mind wdll be fuch as not to allow the animal to exert its natural powers; and every failure increafes the evil. We muft alfo fee from this ftate of the cafe, that this aft muft be often interrupted ; and the true caufe of this interrup¬ tion not being known, it will be laid to the charge of the body or want of powers. As thefe cafes do not anfe from real inability, they are to be carefully diftin- guiffied from fuch as do ; and perhaps the only way to diftinguifh them is, to examine into the ftate of mind refpefting this aft. So trifling oftenis the circumftance which {hall produce this inability depending on the mind, that the very defire to pleafe fhall have that ef- feft, as in making the woman the foie objeft to be gra¬ tified. “ Cafes of this kind we fee every day; one of which I (hall relate as an illuftration of this fubjeft, and alfo of the method of cure.—A gentleman told me, that he had loft his virility. After above an hour’s inveftiga- tion of the cafe, I made out the following fafts : that he had at unneceffary times ftrong ereftions, which f ho wed that he had naturally this power ; that the ereftions were accompanied with defire, which are all the natural powers wanted; but that there was ftlll a Impoteney, defeft fomewhere, which I fuppofed to be from the 1 —v— mind. I inquired if all women were alike to him ? his anfwer was, No; fome women he could have connec¬ tion with as well as ever. This brought the defeft, whatever it was, into a fmaller compafs: and it appear¬ ed that there was but one woman that produced this in¬ ability, and that it arofe from a defire to perform the aft with this woman well;. which defire produced in the mind a doubt or fear of the want of fuccefs, which was the caufe of the inability of performing the aft. As this arofe entirely from the ftate of the mind produ¬ ced by a particular circumftance, the mind was to be applied to for the cure; and I told him that he might be cured, if he could perfeftly rely on his own power of felf-denial. When I explained what I meant, he told me that he could depend upon every aft of his will or refolution. I then told him, that, if he had a perfeft confidence in himfelf in that refpeft, he was to go ta bed to this woman, but firft promife to himfelf that he would not have any conneftion with her for fix .nights, let his inclinations and powers be what they would ; which he engaged to do, and alfo to let me know the refult. About a fortnight after, he told me, that his refolution had produced fuch a total alteration in the ftate of his mind, that the power foon took, place ; for inftead of going to bed with the fear of ina¬ bility, he went with fears that he fhould be poffefled with too much defire, too much power, fo as to become uneafy to him; which really happened; for he would have been happy to have fhortened the time ; and when he had once broke the fpell, the mind and powers went on together, and his mind never returned to its former ftate.” 2. Of impotency from a want of proper corrcfpondence between the aclions of the different organs. Our author, in a former part of his Treatife, when confidering the difeafes of the urethra and bladder, had remarked, that every organ in an animal body, without exception, was made of different parts, whofe funftions or aftions were totally different from one another, although all tending to produce one ultimate effeft. In all fuch organs, when perfeft (he obferves), there is a fucceffion of mo¬ tions, one naturally arifing out of the other, which in the end produces the ultimate effeft ; and an irregula¬ rity alone in thefe aftions will con ft i lute difeafe, at leaf! will produce very difagreeable effefts, and often totally fruftrate the intention of the organ. This prin¬ ciple Mr Kunter, cn the prefent occafion, applies to the “ aftions of the tefticles and penis : for we find that an irregularity in the aftions of thefe parts fometimes happens in men, producing impotence; and fomething fimilar probably may be one caufe of barrennefs in wo¬ men. “ In men, the parts fubfervient to generation may be divided into two; the effential and the accefibry. The tefticles are the effential ; the penis, &c. the acceffory. As this divifion arifes from their ufes or aftions in health, which exactly correfpond with one another, a want of exaftnefs in the correfpondence or fufeeptibility of thofe aftions may alfo be divided into two : where the aftions are reverfed, the acceffory taking place without the firft or effential, as in ereftions of the penis, where neither the mind nor the tefticles are ftimulated to aftion; and the fecond is where the tefticles perform the I M P [ 173 3 IMP |fKpotency, the a£Uon of fecretion too readily for the pen!?, which has not a correfponding ereftion. The firft is called priapifm ; and the fecond is what ought to be called fe- minal weahnefs. “ The mind has conhderable effe& on the correfpon- dence of the actions of thefe two parts : but it would appear in many inftances, that erections of the penis depend more on the date of the mind than the fecretion of the femen does j for many have the fecretion, but not the eredtion ; but in fuch, the want of eredlion ap¬ pears to be owing to the mind only. “ Priapifm often arifes fpontaneoufly ; and often from vifible irritation of the penis, as in the venereal gonorrhoea, efpecially when violent. The fenfation of fuch ere&ions is rather uneafy than pleafant'j nor is the fenfation of the glans at the time fimilar to that ari- fing from the ere&ions of defire, but more like to the fenfation of the parts immediately after coition. Such as arife fpontaneoufly are of more ferious confequence than thofe from inflammation, as they proceed probably from caufes not curable in themfelves or by any known methods. The priapifm arifing from inflammation of the parts, as in a gonorrhoea, is attended with nearly the fame fymptoms $ but generally the fenfation is that of pain, proceeding from the inflammation of the parts. It may be obferved, that what is faid of priapifm is only applicable to it when a difeafe in itfelf, and not when a fymptom of other difeafes* which is frequently the cafe. “ The common practice in the cure of this complaint is to order all the nervous and ftrengthening medicines j fuch as bark, valerian, mufk, camphor, and alfo the cold bath. I have feen good effedls from the cold bath j but fometimes it does not agree with the confti- tution, in which cafe I have found the warm bath of fervice. Opium appears to be a fpecific in many cafes; from which cireumftance I fliould be apt, upon the whole, to try a Toothing plan. “ Seminal weaknefs, or a fecretion and emiffion of the femen without eredlions, is the reverfe of a priapifm, and is by much the worfe difeafe of the two. There is great variety in the degrees of this difeafe, there being all the gradations from the exa£l correfpondeuce of the adlions of all the parts to the tefticles adting alone j in every cafe of the difeafe, there is too quick a fecretion' and evacuation of the femen. Like to the priapifm, it does not arife from defires and abilities j although when1 mild it is attended with both, but not in a due propor¬ tion $ a very flight defire often producing the full ef- fedl. The fecretion of the femen (hall be fo quick, that Ample thought, or even toying, {hall make it flow. “ Dreams have produced this evacuation repeatedly in the fame night j and even when the dreams have been fo flight, that there has been no confcioufnefs of them when the fleep has been broken by the adl; of emiflion. I have known cafes where the tefticles have been fo ready to fecrete, that the leaft fridlion on the glans has produced an emiflion : I have known the Ample aftlon Impoteney. of walking or riding produce this effedl, and that re- '—--v— peatedly, in a very fliort fpace of time. “ A young man, about four or five and twenty years of age, not fo much given to venery as moft young men, had thefe laft mentioned complaints upon him. Three or four times in the night he would emit; and if he walked faft, or rode on horfeback, the fame thing would happen. He could fcarcely have connexion with a woman before he emitted, and in the emiflioii there was hardly any fpafm. He tried every fuppofed ftrengthening medicine, as alfo the cold bath and fea- bathing, but with no effeft. By taking 20 drops of laudanum on going to bed, he prevented the night emiffions 5 and by taking the fame quantity in the morning, he could w'alk or ride without the before- mentioned inconvenience. I direfted this pra&ice to be continued for fome time, although the difeafe did not return, that the parts might be accuftomed to this healthy ftate of aftion 5 and 1 have reafon to believe the gentleman is now well. It was found neceffary, as the conftitution became more habituated to the opiate, to increafe the dofe of it. “ The fpafms, upon the evacuation of the femen in fuch cafes are extremely flight, and a repetition of them foon takes place ; the firft emiflion not preventing a fecond 5 the conftitution being all the time but little' affefted (a). When the tefticles a<5l alone, without the acceffory parts taking up the neceffary and naturaf confequent aftion, it is ftill a more melancholy difeafe y for the fecreiion arifes from no vifible or fenfible caufe,. and does not give any vifible or fenfible eflfeft, but runs off fimilar to involuntary ftools or urine. It has beea obferved that the femen is more fluid than natural in fome of thefe cafes. “ There is great variety in the difeaffed a&ions of thefe parts j of which the following cafe may be confi- dered as an example. A gentleman has had a ftrifture* in the urethra for many years, for which he has fre¬ quently ufed a bougie, but has of late negle&ed it. He has had no connexion with women for a confiderable time, being afraid of the confequences. He has often in his fleep involuntary emiflions, which generally awake him at the paroxyfm j but what furprifes him moft is, that often he has fuch without any femen pafling forwards through the penis, which makes him think that at thofe times it goes backward into the bladder. This is not always the cafe, for at other times the femen paffes forwards. At the time the femen feems to pafs into the bladder, he has the erec¬ tion, the dream $ and is awaked with the fame mode of aftion, the fame fenfation, and the fame pleafure^ as when it paffes through the urethra, whether dream¬ ing or waking. My opinion is, that the fame irritation takes place in the bulb of the urethra without the fe¬ men that takes place there when the femen enters, in Confequence of all the natural preparatory fteps, where¬ by the very fame adtions are excited as if it came into the (a) “ It is to be confidered, that the conftitution is commonly affe£led by the fpafms only, and in pro¬ portion to their violence, independent of the fecretion and evacuation of the femen. But in fome safes even the eredtion going off without the fpafms on the emiffion, ftiall produce the fame debility as if they had taken place.” IMP Ci Impotency the paffage,: from whjch one would fuppofe, that either t JL ^ femen is not fecreted j or if it be, that a retrograde mo- f tion takes place in the aflions of the acceleratores uri- nae. But if the firfl: be the cafe, then we may 'fuppofe, that in the natural date the actions of thofe mufcles do not arife limply from the llimulus of the femen in the part, but from their aftion being a termination of a preceding one, making part of a feries of actions. Thus they may depend upon the friftion, or the imagination of a friftion, on the penis 5 the tefticles not doing their part, and the fpafm in fuch cafes ariling from the friflion and not from the fecretion. In many of thofe cafes of irregularity, when the ereftion is not ftrong, it lhall go off without the emiffion 5 and at other times an emilfion lhall happen almoft without an ere&ion ; but thefe arife not from debility, but affe&ions of the mind. v “ In many of the preceding cafes, walking the penis, fcrotum, and perineeum, with cold water, is of¬ ten of fervice $ and to render it colder than it is in fome feafons of the year, common fait may be added to it, and the parts walked when the fait is almoft diflbl- ved.” Impotency is a canonical difability, to avoid mar¬ riage in the fpiritual court. The marriage is not void wittb, but voidable only by fentence of feparation during the life of the parties. IMPRECATION, (derived from z'«, and precor, “ I pray •,”) a curfe or wilh that fome evil may befal any one. The ancients had their goddelfes called Imprecations, in Latin, Dirce, i. e. Deorurn tree, who were fuppofed to be the executioners of evil confciences. They were called Dirce in heaven, Furies on earth, and Eumenides in hell. The Romans owned but three of thele Im¬ precations, and the Greeks only two. They invoked them with prayers and pieces of verfes to deftroy their enemies. IMPREGNATION, the getting a female with child. See Conception. The term, impregnation is alfo ufed, in pharmacy, for communicating the virtues of one medicine to another, whether by mixture, co&ion, digeftion, &c. IMPRESSING seamen. The power of imprefling fea-faring men for the fea-fervice by the king’s com- mifllon, has been a matter of fome difpute, and fubmit- ted to with great reluflance 5 though it hath very clearly and learnedly been fliown by Sir Michael For- fter, that the praftice of imprefling, and granting powers to the admiralty for that purpofe, is of a very ancient date, and hath been uniformly continued by a regular feries of precedents to the prefent time : whence he concludes it to be part of the common law. The difficulty arifes from hence, that no ftatute has exprefs- ly declared this power to be in the crown, though many of them very ftrongly imply it. The ftatute 2 Rich. II. c. 4. (peaks of .mariners being arrefted and retained for the king’s fervice, as of a thing well known, and prac- tifed without difpute j and provides a remedy againft their running away. By a later ftatute, if any water¬ man, who ufes the river Thames, ffiall hide himfelf during the execution of any commiffion of prefling for the king’s fervice, he is liable to heavy penalties. By anotner (5 Eliz. c. 5*) no fiflierman {hall be taken by the queen’s commiflion to ferve as a mariner j but the 4 74 1 IMP commiflion fhall be firft brought to two juftices of the Impreffing peace, inhabiting near the fea coaft where the mariners II are to be taken, to the intent that the juftices may ImPrifon" choofe out and return fuch a number of able-bodied meRt’ j men, as in the commiflion are contained, to ferve her majefty. And by others, efpecial protections are al¬ lowed to feamen in particular circumftances, to prevent them from being impreffed. Ferrymen are alfo {aid to be privileged from being impreffed, at common law. All which do moft evidently imply a power of impref- fmg to refide. fomewhere; and if anywhere, it muff, from the fpirit of our conftitution, as well as from the frequent mention of the king’s commiflion, refide in tha crown alone.—After all, however, this method of man¬ ning the navy is to be confidered as only defenfible from public neceffity, to which all private confldera- tions muft give way. The following perfons are exempted from being im¬ preffed : Apprentices for three years j the mafter, mate, and carpenter, and one man for every 100 tons, of veffels employed in the coal trade j all under 18 years of age, and above 55 ; foreigners in merchant- fliips and privateers ; landmen betaking themfelves to fea for two years ; feamen in the Greenland fiffiery, and harpooners, employed, during the interval of the fifhing feafon, in the coal-trade, and giving fecurity to go to the fiftiing next feafon. IMPRESSION is applied to the fpecies of objects which are fuppofed to make fortre mark or impreflion on the fenfes, the miad, and the memory. The Peripate¬ tics affert, that bodies emit fpecies refembling them, which are conveyed to the common fenforium. and they are rendered intelligible by the aftive intellect j and, when thus fpiritualized, are called expreJions, ox exprefs fpecies, as being expreffed from the others. Impression alfo denotes the edition of a book, re¬ garding the mechanical part only ; whereas edition, be- fides this, takes in the care of the editor, who corrected or augmented the copy, adding notes, &c. to render the work more ufeful. IMPRISONMENT, the ftate of a perfon reftrain- ed of his liberty, and detained under the cuftody of an¬ other. . No perfon is to be imprifoned but as the law direfts, either by the command or order of a court of record, or by lawful warrant ; or the king’s procefs, on which one may be lawfully detained. And at common law, a perfon could not be imprifoned unlefs he were guilty of fome force and violence, for which his body was fubjeft to imprifonment, as one of the higheft execu¬ tions. Where the law gives power to imprifon, in fuch cafe it is juftifiable, provided he that does it in purfuance of a ftatute exaftly purfues the ftatute in the manner of doing it; for otherwife it will be deem¬ ed falfe imprifonment, and of confequence it is unjufti- fiable. Every warrant of commitment for imprifoning a perfon, ought to run, “ till delivered by due courfe of law,” and “ not until farther orderwhich has been held ill: and thus it alfo is, where one is impri¬ foned on a warrant not mentioning any caufe for which he is committed. See Arrest and Commit¬ ment. Falfe IMPRISONMENT. Every confinement of the perfon is an imprifonment, whether it be in a common prifon, or in a private houfe, or in the ftocks, or even IMP [ *75 J I N A Imprifon. by forcibly detaining one in tbe public ftreets. Un- mcnt lawful or falfe imprifonment confifts in fuch confinement _ or detention without fufficient authoritywhich autho- rity may arife either from fome procefs from the courts of juftice; or from fome warrant from a legal power to commit, under his hand and feal, and expreffing the caufe of fuch commitment \ or from fome other fpecial caufe warranted, for the neceffity of the thing, either by common law or ait of parliament *, fuch as the ar- refting of a felon by a private perfon without warrant, the impreffing of mariners for the public ferviee, or th^ apprehending of waggoners for mifbehaviour in the public highways. Falfe imprifonment alfo may arife by executing a lawful warrant or procefs at an unlawful time, as on a Sunday j or in a place privileged from arrefts, as in the verge of the king’s court. This is the injury. The remedy is of two forts ; the one removing the injury7, the other making fatisfaBion for it. The means of removing the aftual injury of falfe im¬ prifonment are fourfold: x. By writ of Maikprize, 2. By writ De Odio et Atia. 3. By writ Z) iraJcor irom ira-> INCIDENCE, denotes the diredlion in which one body ftrifces on another. See Optics and Mechanics. Jingle of Incidence. See Angle. INCIDENT, in a general fenfe, denotes an event, or a particular circumftance of fome event. Incident, in Law, is a thing appertaining to, or following another that is more worthy or principal, A court baron is infeparably incident to a manor j and a court of pie powders to a fair. INCIDENT Diligence, in Scots Law, a warrant grant¬ ed by a lord ordinary in the court of feflion for citing witneffes for proving any point, or for produftion of any writing neceffary for preparing the caufe for a final determination, or before it goes to a general proof. Incident, in a poem, is an epifode, or particular aft ion, joined to the principal aftion, or depending on it. A good comedy is to be full of agreeable incidents, which divert the fpeftators, and form the intrigue. The poet ought always to make choice of fuch inci¬ dents as are fuceptible of ornament fuitable to the nature of his poem. The variety of incidents well con- dufted makes the beauty of an heroic poem, which ought always to take in a certain number of incidents to fufpend the cataftrophe, that would otherwife break out too loon, INCINERATION, (derived from in, and cinis, “ alhes,1’) in chemiftry, the reduftion of any fubftance into alhes by burning. INCISIVE, an appellation given to Avhatever cuts or divides : thus, the fore teeth are called dentes incifivi, or cutters ; and medicines of an attenuating nature, in¬ cidents, or incilive medicines. INCLE, a kind of tape made of linen yarn. INCLINATION, is a word frequently ufed by mathematicians, and fignifies the mutual approach, tendency, or leaning of two lines or two planes to¬ wards each other, fo as to make an angle. Inclination, in a moral fenfe. See Appetite. INCLINED plane, in Mechanics, one that makes an oblique angle with the horizon. See Mechanics. INCOGNITO, or incog, is applied to a perfon who is in any place where he would not be known : but is more particularly applied to princes, or great men, who enter towms, or walk the ftreets, without their ordinary train or the ufual marks of their diftinc- tion and quality. INCOMBUSTIBLE cloth. See Asbestos, Mi¬ neralogy Index. On this Cronlledt obferves, that the natural ftore of the afbefti is in proportion to their economical ufe, both being very inconfiderable. “ It is an old tradition (fays he), that in former ages they made clothes of the fibrous afibefti, which is faid to be compofed of the word hi/Jfus ; but it is not very pro¬ bable, fince if one may conclude from fome trifles now made of it, as bags, ribbons, and other things, fuch a drefs could neither have an agreeable appearance, nor be of any conveniency or advantage. It is more pro¬ bable that the Scythians dreifed their dead bodies which were to be burned, in a cloth manufaftured of this ftone $ and this perhaps has ©ccafioned the above fable.” M. Magellan confirms this opinion of Cron-bwombfth’. ftedt’s, and informs us that fome of the Romans alfo inclofed dead bodies in cloth of this kind. In the year t r ^ . 1756 or 1757 he tells us, that he faw' a large piece of ijieSi afbeflos cloth found in a ftone tomb, with the afhes of1——y—-J a Roman, as appeared by the epitaph. It was kept, with the tomb alfo, if our author remembers rightly^, in the right hand wing of the Vatican library at Rome. The under-librarian, in order to Ihow that it was in- combuftible, lighted a candle, and let fome drops of wax fall on the cloth, which he fet on fire with a candle in his prefence without any detriment to the cloth. Its texture was coarfe, but much fofter than he could have expefted. Incombustible, fomething that cannot be burnt or confumed by fire. See Asbestos. INCOMMENSURABLE, a term in Geometryf ufed where two lines, when compared to each other, have no common meafure, how fmall foever, that will exaftly meafure them both. And in general, twa quantities are faid to be incommenfurable, when no third quantity can be found that is an aliquot part of both. INCOMMENSURABLE Numbers, are fuch as have no common divifor that will divide them both equally. INCOMPATIBLE, that which cannot fubfift with, another without deftroying it : thus cold and heat are incompatible in the fame fubjeft, the ftrongeft over¬ coming and expelling the weakeft. INCONTINENCE, inordinacy of the fexual ap¬ petite ; lull. It is the oppofite of chaftity. See Chas¬ tity and Continence. Incontinence, in the eye of the law, is of divers kinds j as in cafes of bigamy, rapes, fodomy, or buggery, getting baftards ; all which are puniftied by ftatute. See 25 Hen. VIII. cap. 6. 18 Eliz. cap. 7. 1 Jac. I. cap. 11. Incontinency of priefts is punilhable by the ordinary, by imprifonment, &c. I Hen. VII. cap. 4. Incontinence, in Medicine, fignifies an inability in any of the organs to retain what Ihould not be dif- charged without the concurrence of the will. It is moft frequently applied to an involuntary difcharge of urine. See Medicine Index. INCORPORATION, in Pharmacy, is the reduc¬ tion of dry fubftances to the confidence of a pafte, by the admixture of fome fluid : thus pills, boles, are made by incorporation. Incorporation, ox Body-Corporate. See Corpora¬ tion, INCORPOREAL, fpiritual; a thing, or fubftance, which has no body. Thus the foul of man is incor¬ poreal, and may fubfift independent of the body. See Metaphysics. INCORRUPTIBLE, that which cannot be cor¬ rupted. Thus fpiritual fubftances, as angels, human fouls, &c. and thus alfo, glafs, gold, mercury, &c. may be called incorruptible. INCORRUPTIBLES, Incoruptibiles, the name of a feft which fprung out of the Eutychians.—Their diftinguiftiing tenet was, that the body of Jefus Chrift was incorruptible j by which they meant, that after and from the time wherein he was formed in the womb of his holy mother, he was not fufceptible of any change or alteration j not even of any natural and innocent paflibns, as of hunger, thirft, &c. fo that he ate I N D Incorrupt!- ate tvithout any occafion, before his death, as well as ble after his refurreftion. And hence it was that they _ M took their name. An enture., |]\JCR ASS AXING, in Pharmacy, &c. the ren¬ dering of fluids thicker by the mixture of other fub- flances lefs fluid, or by the evaporation of the thinner parts. INCUBATION, the aflion of a hen, or other fowl, brooding on her eggs. See Hatching. INCUBUS, Night-mare, a difeafe confifting in an oppreflion of the breaft, fo very violont, that the patient cannot fpeak or even breathe. The word is derived from the Latin incuhare, to lie down” on any thing and prefs it: the Greeks call it tp d.fa/tatcr, “ leaper,” or one that ruiheth on a per- ' fon. In this difeafe the fenfes are not quite loft, but drowned and aftoniftied, as is the underftanding and imagination j fo that the patient feems to think fome huge weight thrown on him, ready to ftrangle him. Children are very liable to this diftemper j fo are fat people, and men of much ftudy and application of mind : by reafon the ftomach in all thefe finds fome difficulty in digeftion. INCUMBENT, a clerk or minifter who is refident cn his benefice 5 he is called incumbent, becaufe he does, or at leaft ought to, bend his whole ftudy to dif- charge the cure of his church. INCURVATION of the Rays of Light, their bending out of a reftilinear ftraight courfe, occafioned by refrafftion. See Optics. INCUS, in Anatomy, a bone of the internal ear, fome what refembling one of the anterior dentes molares. See Anatomy, N° 141. INDEFEASIBLE, a term inlaiv for what cannot be defeated or made void j as an indefeafible eftate of inheritance, &c. Indefeasible Right to the Throne. See Hebe- DITAR T Right. INDEFINITE, that which has no certain bounds, or to which the human mind cannot affix any. Indefinite, in Grammar, is underftood of nouns, pronouns, verbs, participles, articles, &c. which are left in an uncertain indeterminate fenfe, and not fixed to any particular time, thing, or other circumftance. INDELIBLE, fomething that cannot be cancelled or effaced. INDEMNITY, in Law, the faving harmlefs 5 or a writing to fecure one from all damage and danger that may enfue from any aft. INDENTED, in Heraldry, is when the outline of an ordinary is notched like the teeth of a faw. " INDENTURE, in Law, a writing which com- prifes fome contraft betw-een two at leaft ; being in¬ dented at top, anfwerable to another part which has the fame content#. See Deed. I N D INDEPENDENTS, a feft of Proteftants, fo called Indepen- from their maintaining that each congregation of Chrif- t*ent5‘ tians, which meets in one houfe for public v'orfhip, v is a complete church, has fufficient power to aft and perform every thing relating to religious government within itfelf, and is in no refpeft fubjeft or accountable to other churches. 1 The Independents, like every other Chriftlan feft, Their ori~ derive their owm origin from the praftice of the Sin- apoftles in planting the firft churches j but they w ere unknown in modern times till they arofe in England during the reign of Elizabeth. The hierarchy efta- blifhed by that princefs in the churches of her domi¬ nions, the veftments worn by the clergy in the cele¬ bration of divine worfhip, the book of common prayer, and above all the fign of the crofs ufed in the admini- ftration of baptifm, were very offenfive to many of her fubjefts, who during the perfecution of the former reign had taken refuge among the Proteftants of Ger¬ many and Geneva. Thofe men thought that the church of England refembled, in too many particulars, the antichriftian church of Rome 5 and they called perpetually for a more thorough reformation and a purer worftiip. From this circumftance they were ftig- matized by their adverfaries with the general name of Puritans, as the followrers of Novatian (a) had been in the ancient church. Elizabeth was not difpofed to comply with their demands j and it is difficult to fay what might have been the iffue of the conteft, had the Puritans been united among themfelves in fentiments, views, and meafures. But the cafe was quite other- wife. That large body, compofed of perfons of dif¬ ferent ranks, charafters, opinions, and intentions, and unanimous in nothing but in their antipathy to the forms of doftrine and difcipline that were eftablilhed by law, was all of a hidden divided into a variety of fefts. Of thefe the moft famous was that which w?as formed about the year 1581 by Robert Brown, a man infinuating in his manners, but unfteady and inconfift- ent in his views and notions of men and things. See Brown. This innovator differed not in point of doftrine ei¬ ther from the church of England, or from the reft of the Puritans ; but he had formed notions then new and Angular concerning the nature of the church and the rules of ecclefiaftical government. He was for dividing the whole body of the faithful into feparate focieties or congregations j and maintained, that fuch a number of perfons as could be contained in an or¬ dinary place of worftiip ought to be confidered as a church, and enjoy all the rights and privileges that are competent to an ecclefiaftical community. Thefe fmall focieties he pronounced independent jure divino, and en¬ tirely exempt from the jurifdiftion of the bifliops, in whofe hands the court had placed the reins of fpi- ritual government j and alfo from that of prelbyteries Z 2 and [ 179 1 (a) The followers of Novatian were called Puritans, becaufe they would not communicate with the Catho¬ lic church, under pretence that her communion was polluted by admitting thofe to the facred myfteries who through infirmity had facrificed to idols in times of perfecution. Thefe unhappy men were not received by the church till after a long courfe of penance. The Novatians would not receive them at all, however long their penance, or however fincere their forrow, for their fin. In other refpefts, the ancient Puritans were, like the Englilh, orthodox in the faith, and of irreproachable morals. I N D [i Independ- and fvnods, which the Puritans regarded as the fupreme , €lli^s• viftble fources of ecclefiallical authority. He alfo main- tained, that the power of governing each congrega¬ tion refided in the people ; and that each member had an equal {hare in this government, and an equal right to order matters for the good of the whole 1b- eiety. Hence all points both of doftrine and d^fcipline were fubmitted to the difcuffion of the whole congre¬ gation 5 and whatever was fupported by a majority of voices pailed into a law. It was the congregation alfo that elefted certain of the brethren to the of¬ fice of pallors, to perform the duty of public inftruc- tion, and the feveral branches of divine worihip; re- ferving, however, to themfelves the power of difmiffing thefe minifters, and reducing them to the condition of private members, whenever they diould think fuch a change conducive to the fpiritual advantage of the com¬ munity. It is likewife to be obferved, that the right of the paftors to preach was by no means of an exclu- live nature, or peculiar to them alone ; fince any mem¬ ber that thought proper to exhort or inftrudt the bre¬ thren, was abundantly indulged in the liberty of prophe- fyittg to the whole affembly. Accordingly, when the ordinary teacher or pallor had fmilhed his difcourfe, all the other brethren were permitted to communicate in public their fentiments and illufirations upon any ufeful or edifying fubjeft. The zeal with which Brown and his aflociates maintained and propagated thefe notions was in a high degree intemperate and extravagant. He affirmed, that all communion was to be broken off with thofe religious focieties that were founded upon a different plan from his 5 and treated, more efpecially, the church of England, as a fpurious church, whofe minifters were unlawfully ordained, whofe difcipline was popilh and antichriftian, and whofe facraments and inftitutions were deftitute of all efficacy and virtue. The fedt of this hot-headed innovator, not being able to endure the fevere treatment which their own violence had brought upon them from an adminiftration that was not diftin- guilhed by its mildnefs and indulgence, retired into the Netherlands, and founded churches at Middlebourg in Zealand, and at Amfterdam and Leyden in the pro¬ vince of Holland •, but their eftablilhments were nei¬ ther folid nor lafting. Their founder returned into England; and having renounced his principles of repa¬ ration, took orders in the eftabliflied church, and ob¬ tained a benefice. The Puritan exiles, whom he thus abandoned, difagreed among themfelves, were fplit into parties, and their affairs declined from day to day. This engaged the wiler part of them to mitigate the feverity of their founder’s plan, and to foften the rigour of his uncharitable deciffons. And pro- The perfon who had the chief merit of bringing greis. about this reformation was one of their paftors called John Robinfon, a man who had much of the folemn piety of the times, and no inconliderable portion of learning. This well-meaning reformer, perceiving the defefts that reigned in the difcipline of Brown, and in the fpirit and temper of his followers, employed his zeal and diligence in correcting them, and in new- modelling the fociety in fuch a manner as to render it lels odious to its adverfaries, and lefs liable to the juft cenfure of thofe true Chriftians, who looked upon cha¬ rity as the end of the commandments. Hitherto the 80 ] IN D fed had been called Broivnijls ; but Piobinfon having, Independ- in his Apology, affirmed, Ccetum quemlibet particularem, ents. ejfe totam, integrum, et pcrfeBarn ecclejiam ex fuis parti- ' 'J bus conjlantem immediate et INDEPENDENTER (quoad alias eccle/iasjfib ipfo Chrifo,—the feed was henceforth called hid’.pendents, of which the apologift was conli- dered as the founder. The Independents were much more commendable than the Brownifts. They furpaffed them both in the moderation of their fentiments, and in the order of their difcipline. They did not, like Brown, pour forth bitter and uncharitable inveftives againft the churches which were governed by rules entirely different from theirs, nor pronounce them on that account unworthy of the Chriltian name. On the contrary, though they confidered their own form of ecclefiaftical government as of divine inftitution, and as originally introduced by the authority of the apoftles, nay by the apoftles them¬ felves *, they had yet candour and charity enough to acknowledge, that true religion and folid piety might flourilh in thofe communities which were under the jurildidtion of bilhops or the government of fynods and prelhyteries. This is put beyond all doubt by Ro¬ binfon himfelf, who exprefles his own private fenti- ments and thofe of his community in the following clear and precife words : “ Prof lemur coram Deo et hominibus, adeo nobis ccnvenire cum ecclefis reforma~ tis Belgicis in re religionis, ut omnibus et Jingulis earun¬ de m ecclefarum fidei articulis, prout habentur in har- monia confefjionum fidei, parati fimus fubfenbere. Ec- clefias reformatas pro veris et genuinis habemus, cum iifidem in fiacris Dei communionem profitemur, et, quan¬ tum in nobis efi, colimus. They were alio much more attentive than the Brownifts, in keeping on foot a regular miniftry in their communities : for while the latter allowed promifcuoully all ranks and orders of men to teach in public, the Independents had, and ftill have, a certain number of minifters, chofen refpebtively by the congregations where they are fixed 5 nor is any perfon among them permitted tofpeak in public, before he has fubmitted to a proper examination of his capaci¬ ty and talents, and been approved of by the heads of the congregation. This religious fociety Hill fubfifts, and has produced divines as eminent for learning, piety, and virtue, as any church in Chriftendom. It is now diftinguilhed from the other Proteftant communities chiefly by the two following circumftances. 1. The Independents rejedl the ufe of all creeds andIn w£at confefficns drawn up by fallible men, requiring of their they are teachers no other tell of orthodoxy than a declaration now diftiiv of their belief in the gofpel of Jefus, and their adhe- ^l ^ie leaft of them who are fo qualified, and who defire the office of a biffiop or elder. Let a man have hands laid upon him by fuch as could prove an uninterrupted de- fcent by impofition of hands from the apoftles ; let him be fet apart to that office by a company of minifters themfelves, the moft conformable to the fcripture cha- rafter, and let him be chofen by the moft holy people on earth ; yet if he anfwer not the New Teftament' defcription of a minifter, he is not called of God to that office, and is no minifter of Chrift, but is indeed' running unfent. No form of ordination can pretend to fuch a clear foundation in the New Teftament as the defcription of the perfons who ftiould be elders of the church ; and the laying on of hands, whether by bifliops or prelbyters, is of no more importance in the- miffion of a minifter of Chrift, than the waving of one’s hand in the air or the putting of it into his bc- fom ; for now when the power of miracles has ceafed, it is obvious that fuch a rite, by whomfoever perform¬ ed, can convey no powers, whether ordinary or extra¬ ordinary. Indeed it appears to have been fometimes ufed, even in the apoftolic age, without any fuch inten¬ tion. When Paul and Barnabas were feparated to the particular employment of going out to the Gentiles, the prophets and teachers at Antioch “ prayed and laid their hands on them But did this ceremony con¬ fer upon the two apoftles any new power or authority to aft as minifters of Chrift ? Did the impofition of hands make thofe fhining lights of the gofpel one whit better qualified than they were before to convert and baptize the nations, to feed the flock of God, to teach, rebuke, or exhort, with all long-fuffering and doftrine. It cannot be pretended. Paul and Barnabas had un¬ doubtedly received the Holy Ghoft before they came to Antioch ; and as they were apoftles, they were of courfe authorized to difeharge all the funftions of the inferior and ordinary minifters of the gofpel. In a word, whoever in his life and converfation is conform¬ able to the charafter which the infpired writers give of a biftiop or elder, and is likewife qualified by his “ mightinefs in the fcripture” to difeharge the duties- of that office, is fully authorized to adminifter the fa- craments of baptifm and the Lord’s fupper, to teach, and even exhort, and rebuke, with all long-fuffering and doc-1#3'"? l-‘e. trine, and has all the call and million which the Lord now gives to any man ; whilft he who wants the qua- call_ lifications mentioned, has not God’s call, whatever he may have, nor any authority to preach the gof¬ pel of Chrift, or to difpenfe the ordinances of his reli- gion* From this view of the Independent principles, which is faithfully taken from their own writers, it appears,, t, that, according to them, even the eleftion of a congre¬ gation I N D [ 1B4 ] I N D Independ- gallon confers upon the man whom they may choofe er,ts for their paftor no new powers, but only creates a new relation between him and a piarticular flock, giving t- ■ him an exclufive right, either by himfelf or in con- junftion with other pallors conftituted in the fame manner, to exercife among them that authority which he derives immediately from Chrilt, and which in a greater or lefs degree is pofieffed by every fincere Chri- flian according to his gifts and abilities. Were the minifters of the gofpel conftituted in any other way than this ; by impofition of hands, for inftance, in fue- ceftion from the apoftles •, the cafe of Chriftians would, in the opinion of the Independents, be extremely hard, and the ways of God fcarcdy equal. We are ftridlly commanded not to forfake the affembling of ourfelves together, but to continue ftedfaft in the apoftles doc¬ trine and fellowfhip, and in the breaking of bread, and in prayer : “ but can any man (afks one of their ad¬ vocates) bring himfelf to believe, that what he is com¬ manded to do in point of gratitude, what is made his own perfonal aft, an aft expreflive of certain dutiful and pious affeftions, can poflibly be reftrifted to the in¬ termediate offices or inftrumentality of others, who aft by powers which he can neither give nor take away ? To fuppofe a thing neceffary to my happinefs, which is not in my oun power, or wholly depends upon the good pleafure of another, over whom I have no au¬ thority, and concerning whofe intentions and difpofi- tions I can have no fecurity, is to fuppofe a conftitu- tion the moft foolifh and ill-natured, utterly inconfiftent with our ideas of a wife and good agent.” Such are fome of the principal arguments by which the Inde¬ pendents maintain the divine right of congregational churches, and the ineffieacy of minifterial ordination to conftitute a minifter of Chrift. We mean not to re¬ mark upon them, as the reader will find different con- Ilitutions of the church pleaded for under the words Presbyterians and Episcopacy, to which we refer him for farther fatisfaftion. We Ihall only obferve at prefent, what it would be affeftation to pals un¬ noticed, that the mode of reafoning adopted by the laft quoted advocate for the Independents, if puftied as far as it will go, neceflarily leads to confequences v'hieh will not readily be admitted by a Chriftian of any denomination, or indeed by a ferious and confiftent Theift. INDETERMINATE, in general, an appellation given to whatever is not certain, fixed, and limited j in which fenfe it is the fame with indefinite. INDEX, in Anatomy, denotes the fore-finger. It is thus called from indico, “ I point ordireftj” becaufe that finger is generally fo ufed : whence alfo the ex- tenfor indicis is called indicator. Index, in Arithmetic and Algebra, {hows to what power any quantity is involved, and is otherwife called its exponent. See Algebra. INDEX ofia Booh, is that part annexed to a book, referring to the particular matter or paifages therein contained. INDEX of a Globe, is a little ftyle fitted on to the -north pole, and turning round with it, pointing to cer¬ tain divifions in the hour-circle. It is fometimes alfo called gnomon. See Globe. Expurgatory Index, a catalogue of prohibited books in the church of Rome. The firft catalogues of this kind were made by the Index, inquifitors : and thefe were afterwards approved of by India, the council of Trent, after fome alteration was made in them by way of retrenchment or addition. Thus an index of heretical books being formed, it was con¬ firmed by a bull of Clement VIII. in 1595, and print¬ ed with feveral introduftory rules j by the fourth of which, the ufe of the Scriptures in the vulgar tongue is forbidden to all perfons without a particular licence j and by the tenth rule it is ordained, that no book Ihall Ee printed at Rome without the approbation of the Pope’s vicar, or fome perfon delegated by the Pope ; nor in any other places, unlefs allowed by the bifhop of the diocefe, or fome perfon deputed by him, or by the inquifitor of heretical pravity* The Trent index being thus publifhed, Philip II, of Spain ordered another to be printed at Antwerp, in 1571, with confiderable enlargements. Another index w as publifhed in Spain 1584 ; a copy of which was fnatched out of the fire when the Engiifh plun¬ dered Cadiz. Afterwards there were feveral expurga¬ tory indexes printed at Rome and Naples, and particu¬ larly in Spain. INDIA. See Hindostan.-—By the name of In¬ dia the ancients underftood only the weftern peninfula, on this fide the Ganges, and the peninfula beyond it, having little or no knowledge of the countries wrhich lie farther to the eaftward $ though by the moderns all thofe vaft trafts from the eaftern parts of the Perfian empire to the iflands of Japan, are confounded under the general name of Eafi Indies. Even the ancients, though originally they were acquainted only w-ith the weftern parts of Hindoftan, gradually extended the name of India over the other countries they difeovered to the eaftward ; fo that probably they wTould have in¬ volved all the reft in the fame general defignation, had they been as well acquainted wdth them as the moderns are. By whom thefe countries were originally peopled, is a queftion which in all probability will never be refol-concern;ng ved. Certain it is, that fome works in thefe parts difeo- the pco- I ver marks of aftonifhing fkill and power in the inhabi-P^ng ofln- tants, fuch as the images in the ifland of Elephanta; the tlia‘ rocking ftones of immenfe weight, yet fo nicely ba¬ lanced that a man can move them with his hand j the obfervatory at Benares, &c. Thefe ftupendous w'orks are by Mr Bryant attributed to the Cufhites or Baby¬ lonians, the firft diftinft nation in the world, and who of confequence rnuft: for fome time have poffefTed in a manner the fovereignty of the whole earth ; and it can by no means appear improbable, that the fubjefts of Nimrod, the beginning of whofe kingdom was in Shinar, might extend themfelves eaftward, and thus fill the fer¬ tile regions of the eaft wdth inhabitants, without think¬ ing it worth while for a long time to meddle with the lefs mild and rich countries to the w'eftward. Thus would be formed that great and for fome time infu-Indians and perable divifion betwixt the inhabitants of India and w'eftern na* other countries ; fo that the W'eftern nations knew not .tiors weref even of the exiftence of the Indians but by obfcure^0^t0 report ; while the latter, ignorant of their own ori- tjier< gin, invented a thoufand idle tales concerning the an¬ tiquity of their nation, which fome of the moderns have been credulous enough to believe and regard as fafts. The firft; among the weftern nations who diftinguifh- ed India. 3 Account foftris to India. I N D [i ed themfelves by their application to navigation and “"commerce, and who were of confequence likely to difcover thefe diftant nations, were the Egyptians and Phoenicians. The former, however, foon loft their of inclination for naval affairs, and held all feafaring peo- the expedi- in deteftation as profane perfons j though the ex- tionofSe- tenlive conquefts of Sefoftris, if we can believe them, muft have in a great meafure fupplied this defeft. Without regard to the prejudice of his people againft maritime affairs, he is faid to have fitted out a fleet of 400 fail in the Arabian gulf or Red fea, which con¬ quered all the countries lying along the Erythrean fea (a) to India*, while the army led by himfelf march¬ ed through Afia, and fubdued all the countries to the Ganges *, after which he croffed that river, and ad- 4 vanced to the eaftern ocean. Dr Robert- Great difputes have been carried on with refpedt to fmsVordif conffueror» ar'd the famous expedition juft now believing related ; but the learned Dr Robertfon, in his Df- it. quifition concerning ancient India, declares himfelf in doubt whether any fuch expedition ever was made, for the following reafons. 1. Few hirtorical fadts fieem to be better eftabliftied than that of the averfion the E- gyptians entertained to feafaring people and naval af¬ fairs 5 and the Doctor confiders it as impoffible even for the moft powerful monarch to change in a few years a national habit confirmed by time and fandtified by religion. The very magnitude of the armaments is an argument againft their exiftence *, for befides the 400 flops of war, he had another fleet in the Mediterra¬ nean *, and fuch a mighty navy could not have been con- llrudted in any* nation unaccuftomed to maritime affairs, in a few years. 2. Herodotus makes no mention of the conquefts of India by Sefoftris, though he relates his hiftory at fome length. Our author is^of opinion that the ftory was fabricated betwixt the time of He¬ rodotus and that of Diodorus Siculus, from whom we have the firft account of this expedition. Diodorus himfelf informs us that he had it from the Egyptian priefts ; and gives it as his opinion, that “ many things they related flowed rather from a defire to pro¬ mote the honour of their country than from attention to truth and he takes notice that both the Egyp¬ tian priefts and Greek writers differ widely from one another in the accounts which they give of the adlions of Sefoftris. 3. Though Diodorus declares that he has feledted the moft probable parts of the Egyptian narrative, yet there are ftill fo many improbabilities, or rather impofiibilities, contained in his relation, that v'e cannot by any means give credit to it. 4. For the reafon juft mentioned, the judicious geographer Strabo rejected the account altogether, and ranks the exploits of Sefoftris in India with the fabulous ones of Bacchus 5 and Hercules. Infercourfe But whatever may be determined with regard to the minswith ^ certain that the Tyrians kept up a con- tndia. ftant intercourfe with fome parts of India by naviga¬ ting the Arabian gulf, now the Red fea. Of this na¬ vigation they became mafters by taking from the Vol. XI. Part I. India. 85 ] I N D' Idumeans fome maritime places on the coaft of the Red fea : but as the diftance betwixt the neareft place v of that fea and Tyre was ftill confiderable, the land- carriage would have been very tedious and expenfive j for which reafon it was neceffary to become mafters of .a port on the eaftern part of the Mediterranean, near¬ er to the Red fea than Tyre, that fio the goods might be (hipped from thence to Tyre itfelf. With this view* they took poffeflion of Rhinocolura, the neareft port on the Mediterranean to the Arabian gulf; and to that port all the goods from India were conveyed by a much (horter and lefs expenfive route than over land.—This is the firft authentic account of any in¬ tercourfe betwixt India and the weftern part of the world } and to this we are without doubt in a great meafure to afcribe the vaft wealth and power for which the city of Tyre was anciently renowned *, for in other refpefts the whole territory of Phenieia was but of little confequence. Notwithftanding the frequency of thefe voyages, how*ever, the ancients are able to give little or no account of them. The moft particu¬ lar defcription we have of the wealth, power, and commerce of ancient Tyre, is in the prophecies of Eze¬ kiel ; fo that if the Tyrians themfelves kept any jour¬ nals of their voyages, it is probable that they were entirely loft when the city was deftrbyed by Alexander the Great. £ Though the Jew's, under the reign of David of So-The Jews lomon, carried on an extenfive and lucrative commerce,nr'^ v‘" yet our author is of opinion that they did not trade to^1* ^nc^a' any pajjrf; of India. There are only two places mention¬ ed to which their (hips failed, viz. Ophir and Tarfliifti j ^ both of which are now fuppofed to have been fituated on the eaftern coaft of Africa : the ancient Tarlhifti, according to Mr Bruce, was the prefent Mocha *, and Ophir, the kingdom of Sofala, fo remarkable in former times for its mines, that it was called by Oriental wri¬ ters the golden Sofala *. Thus the Indians continued for along time unknown to the weftern nations, and undifturbed by them 5 pro- J bably in fubje&ion to the mighty empire of Babylon, from which the country was originally peopled, or in alliance with it j and the poffeflion of this vaft region will eafily account for the immenfe and otherwife al- moft incredible wealth and power of the ancient Baby- lonifh monarchs. Soon after the deftruftion of thatccnqyCgg monarchy by the Perfians, however, We find their mo-of the Ter- narch Darius Hyftafpes undertaking an expedition fians m In- againft the Indians f. His conquefts were not exten-f*1^ five, as they did not reach beyond the territory watered by the Indus j neverthelefs, fuch as they were, theisfoa. acquifition feems to have been very important, as the revenue derived from thp conquered territory, according to Herodotus, was near a third of that of the whole Perfian empire. According to Iris account, however, w e muft form a much more diminutive opinion of the riches of the Perfian monarch than has commonly been done j fince Herodotus telfs us, that the empire was divided into 20 fatrapies or governments j all of which A a yielded * See Ophir and Tat- (a) This muft not be confounded with the Red fea, notwithftanding the fimilarity of names. The Erythrean fea was that part of the ocean which is interpofed betwixt the ftraitsof Babelmandel and the Malabar coaft, now called the Indian fea or ocean. India. 8 Of Alexan¬ der the Great. I N D [ yielded a revenue of 14,560 Euboic talents, amount¬ ing in the whole to 2,807,437!. fterling. The amount of the revenue from the conquered provinces of India, therefore, mult have been.confiderably fhort of a mil¬ lion. Very little knowledge of the country was dif- fufed by the expedition of Darius, or the voyage of Scylax whom he employed to explore the coaft ; for the Greeks paid no regard to the tranfaftions of thofe whom they called Barbarians •, and as for Scylax him- felf, he told fo many incredible dories in the account he gave of his voyage, that he had the misfortune to# be dilbelieved in almoft every thing, whether true or falfe. The expedition of Alexander is fo fully taken notice of under the article HindostaN, that nothing more re¬ mains to be faid upon it in this place, than that he went no farther into the country than the prefent territory of the Panjab, ail of which he did not traverfe. Its fouth-weft boundary is formed by a river anciently call¬ ed the Hyfudrus, now the Sstlege. The breadth of the diilridt from Ludhana on the Setlege, to Attack on the Indus, is computed to be 259 geographical miles in a ftraight line ; and Alexander’s march, com¬ puted in the fame manner, did not exceed 200 j ne- verthelefs, by the fpreading of his numerous army over the country, and the exatf meafurement and delinea¬ tion of all his movements by men of feience whom he employed, a very extenfive knowledge of the weftern part of India was obtained. It is, however, furprifing that having marched through fo many countries in the neighbourhood of India, where- the people muft have been well acquainted with the nature of the cli¬ mate, the Macedonian conqueror did not receive any information concerning the difficulties he would meet with from the rains which fell periodically at a certain feafon of the year. It was the extreme diftrefs occa- lioned by them which made his foldiers finally refolve to proceed no farther j and no wonder indeed that they did adopt this refolution, fince Diodorus informs us, that it had rained inceffantly for 70 days before their departure. Thefe rains, however, according to the teftimony both of ancient and modern writers, fall only in the mountainous parts, little or none being ever feen in the plains. Aritlobulus informs us, that in the country through which Alexander marched, though heavy rains fell among the mountains, not a fliower was feen in the plains below. The diftridt is now fel- dom vifited by Europeans •, but Major Kennel was in¬ formed by a perfon of credit, who had refided in the Panjab, that during great part of the S.W, monfoon, or at leal! in the months July, Auguft, and part of September, which is the rainy feafon in molt other parts of I: dia, very little rain falls in the Delta of the Indus, except very near the lea, though the atmofphere is generally clouded, and very few fhowers fall through¬ out the whole feafon. Captain Hamilton relates, that when he vifited Tatta, no rain had fallen there for three years before. We may have fome idea of what the Macedonians fuffered, by what happened afterwards to Nadir Shah, who, though poffeffed of vaft wealth and power, as well as great experience in military affairs, yet loft a great, part of his army in crofting the moun¬ tains and rivers of the Panjab, and in battles with the favage inhabitants who inhabit the countries betwixt the Ox us and the frontiers- of Perila. He inarched 186 ] 1 N D through the fame countries, and nearly in the fame diredlion, that Alexander did. By his voyage down the river Indus, Alexander contributed much more to enlarge our geographical knowledge of India than by all his marches and con- quefts by land. According to Major Rennel, the fpace of country through which he failed on the Indus, from the Hyphafis to the ocean, was not lefs than 1000 miles ; and as, during the whole of that navigation, he obliged the nations on both ftdes the river to fub- mit to him, we may be very certain that the country on each fide was explored to fome diftance. An ex- a£t account not only of his military operations, but of every thing worthy of notice relating to the countries through which he paffed, was preferved in the journals of his three officers, Lagus, Nearchus, and Ariftobu- India, lusj and thefe journals, Arrian informs us, he followed in the compofition of his hiftory. From thefe authors State of In. we learn, that in the time of Alexander, the weftern d;a in the part of that vaft tract named India was poffeffed by [^n^rA* feven very powerful monarchs. The territory of King Porus, which Alexander firft conquered, and then re- ftored to him, is faid to have contained no fewer than 2COO towns j and the king of the Prafii had affembled an army of 20,000 cavalry, 2000 armed chariots, and a great number of elephants, to oppofe the Macedonian monarch on the banks of the Ganges. The navigable rivers with which the Panjab country abounds, afford¬ ed then, and ftill continue to afford, an intercourfe from one part to another by water : and as at that time thefe rivers had probably many ftiips on them for the purpofes of commerce, Alexander might ealily colledl all the number he is faid to have had, viz. 2000; fince it is reported that Semiramis was oppofed by double the number on the Indus when fhe invaded India. When Mahmud Gazni alfo invaded this country, a fleet was collected upon the Indus to oppofe him, confifting of the fame number of veffels. From the Ayetn Akbery, alfo, we learn that the inhabitants of this part of India flill continue to carry on all their communication with each other by water ; and the inhabitants of the eir- car of Tatta alone have 40,000 veffels of various con- ftruclions. 10 Under the article Hl-NDOSTAN we have mentioned Why aW- the ft! ence ox Alex- ei.clei’s hif- Major Kennel’s opinion concerning ......— ... . e ander’s hiflorians about the expedition of Scylax j but no ri0t;ce 0f Dr Robertfon accounts for it in another manner. “ It the voyage is remarkable (fays he), that neither Nearehus, nor of Scylax. Ptolemy, nor Ariftobulus, nor even Arrian, once men¬ tion the voyage of Scylax. This eould not proceed from their being unacquainted with it, for Herodotus was a favouiite author in the hands of every Greek who had any pretenflons to literature. It was proba¬ bly occafioned by the reafons they had to diftruft the veracity of Scylax, of which I have already taken no¬ tice. Accordingly, in a fpeech which Arrian puts in the mouth of Alexander, he afferts, that, except Bac¬ chus, he was the firft who had paffed the Indus 5 which implies that he dilbelieved what is related concerning Scylax, and was not acquainted with what Darius Hyftafpes is faid to have done in order to fubjeft that part of India to the Perfian crown. This opinion is confirmed by Megafthenes, who refided a confiderable time in India. He afferts that, except Bacchus and Hercules (to whofe fabulous expeditions Strabo is aftoniftied I N D [i India, aftonirtied that he (hould have given any credit), Alex- —' ander was the firtt who had invaded India. Arrian informs us that the Affaceni, and other people who in¬ habited the country now called Candalicir, had been tributary firft to the Aflyrians and then to the Medes and Perfians, As all the fertile provinces on the north-weft of the Indus were anciently reckoned to be part of India,, it is probable that what was levied from them is the fum mentioned in the tribute-roll from which Herodotus drew his account of the annual re¬ venue of the Perfian empire., and that none of the pro¬ vinces to the fouth of the Indus were ever fubjett to the kings of Perfia.”—The Doftor differs from Mr Kennel with refpeft to the furprife which Alexander and his army ex'preffed when they faw the high tides at the mouth of the Indus. This he thinks might very naturally have been the cafe, notwithftanding what Herodotus had written concerning the flux and reflux obfervable in the Red fea. All that has been men¬ tioned by Herodotus concerning this phenomenon is, that “ in the Red fea there is a regular ebb and flow ■of the tide every day.” No wonder, therefore, that the Macedonians (hould be furprifed and terrified at the very high tides which prefented themfelves in the Indian ocean, which the few words of Herodotus above-mentioned had by no means led them to ex- peft. In the like manner the Romans were furprifed at the tides in the Atlantic, when they had conquered fome of the countries bordering upon that ocean. Cae- far defcribes the aftonifhment of his foldiers at a fpring tide in Britain which greatly damaged his fleet ; and, indeed, confidering the very little rife of the tide in the Mediterranean, to which alone the Greeks and Romans had accefs, we may reckon the account given us by Arrian highly probable. The country on each fide the Indus W'as found, in the time of Alexander, to be in no degree inferior in popu¬ lation to the kingdom of Porus already mentioned. The climate, foil, and produ&ions of India, as well as the manners and cuftoms of the inhabitants, are exact¬ ly defcribed, and the defcriptions found to correfpond in a furprifing manner with modern accounts. The Hated change of feafons now known by the name of monfoons, the periodical rains, the fwellings and in¬ undations of the rivers, with the appearance of the country during the time they continue, are particu¬ larly defcribed. The defcriptions of the inhabitants are equally particular *, their living entirely upon vege¬ table food, their divifion into tribes or cafts, w ith many of the particularities related under the article Hindoo, are to be met with in the accounts of Alexander’s ex¬ pedition. His military operations, however, extended but a very little way into India properly fo called; no farther indeed than the modern province of Lahar, and the countries on the banks of the Indus from Moultan to the fea *, though, had he lived to undertake another expedition as he intended, it is very probable that he would have fubdued a vaftly greater tra^ J1 ’ failing to India bad been difeoyered by one Hippalus Hippallis. the commander of an Indian Hup, who lived aoout. 80 years after Egypt had been annexed to the Roman em¬ pire. This man having obferved the periodical fhifting of the monfoons, and how fleadily they blew from the eaft or weft during fome, months, ventured to leave the coaft, and fail boldly acrofs the Indian ocean from the mouth of the Arabian gulf to Mufiris, a port on the Malabar coaft ; which difeovery was reckoned a mat¬ ter of fuch importance, that the name of Hippalus was given to the wdnd by which he performed the voyage. Pliny paves a very particular account of the manner in which the Indian traffic was now carried on, mention¬ ing the particular ftages, and the diftances between them, which are as follow. From Alexandria to Ju-• liopolis was two miles ; and there the cargo deftined for India was (hipped on the Nile, and carried to Coptos, diftant 303 miles, the voyage being ulually performed in twelve days. From Coptos they were conveyed by land to Berenice, diftant 258 miles, and halting at dif¬ ferent ftations as occafion required. The journey was finithed on the 12th day •, but by reafon of the heat the caravan travelled only in the night. The (hips left Berenice about midfummer, and in 30 days reached Ocelis, now Gel/a, at the mouth of the Arabian gulf, or Cane (now Cape Fartaque') on the coaft of Arabia Felix : from whence they failed in 40 days to Mufiris already mentioned. Their homeward voyage began early in the month of December j when fetting faiL vithi I N D [ i ladia. with a north-eafl wind, and meeting with a fouth or L” v 1 ’ fouth-weft one when they entered the Arabian gulf, the voyage was completed in lefs than a year. With regard to the fituation of Mufiris, as w'ell as of Barace, another Indian port to which the ancients traded, Major Rennel is of opinion, and Dr Robertfon agrees with him, that they flood fomewhere between Goa and Tellicherry ; and that probably the modern Mcerzaw or Merjee is the Mufiris, and Barcelore the Barace of 20 the ancients. Ptolemy’s Ptolemy, who flouriflied about 200 years after the account of commencement of the Chriftian era, having the ad¬ vantage of fo many previous difcoveries, gives a more particular defcription of India than what is to be met with in any of the ancient waiters j notwithftanding which, his accounts are frequently inconfiflent not only with modern difcoveries, but with thofe of more an¬ cient geographers than himfelf. A moft capital error in his geography is, that he makes thepeninfula of In¬ dia ftretchfrom the Sinus Barygazenus, or gulf of Cam- bay, from weft to eaft, inftead of extending, according to its real diredlion, from north to fouth j and this er¬ ror muft appear the more extraordinary, when we con- fider that Megafthenes had publifhed a meafurement of this peninfula nearly confonant to truth, which had been adopted with fome variations by Eratofthenes, Strabo, Diodorus Siculus, and Pliny. His information concerning the fituation of places, hov/ever, was much more accurate. With refpeft to fome diftritls on the eaftern part of the peninfula, as far as the Ganges, he comes nearer the truth than in his defcriptions of any of the reft. Thefe are particularly pointed out by M. D’Anville, who has determined the modern names of many of Ptolemy’s ftations, as Kilkare, Negapatam, the mouth of the river Cauveri, Mafulipatam, &c. The river Cauveri is the Chabaris of Ptolemy •, the kingdom of Arcot, Arcati Regio ; and probably, fays Dr Robert¬ fon, the whole coaft has received its prefent name of Coromandel from Sor Manduiatn, or the kingdom of Sorae, which is fituated upon it. Ptolemy had likewife acquired fo much knowledge concerning the river Ganges, that he defcribes fix of its mouths, though his delineation of that part of India which lies beyond the Ganges is hardly lefs erroneous than that of the nearer peninfula. M. D’Anville, however, has been at great pains to elucidate thofe matters, and to illuftrate thofe parts of the writings of Ptolemy which appear to be beft founded. According to him, the Golden Cherfonefus of Ptolemy is the peninfula of Malacca ; he fuppofes the gulf of Siam to be the great bay of Ptolemy ; and the Sinse Metropolis of the fame writer he looks upon to be Sin-boa in the weftern part of the kingdom of Cochin-China, though Ptolemy has erred in its fituation no lefs than 50 degrees of longitude and 20 of latitude. M. Goffelin, however, differs from his countryman M. D’Anville, in a late W'ork intitled “ The Geography of the Greeks analyfed 5 or the fyftems of Eratofthenes, Strabo, and Ptolemy, compared with each other, and with the knowledge which the moderns have acquired.” In the opinion of M. Goffelin, the Mag¬ num Promontorium of Ptolemy is not Cape Romania at the fouthern extremity of the peninfula of Malacca, as M. D’Anville fuppofes, but the point Bragu, at the mouth of the river Ava. The great bay of Ptolemy he fuppofes not to be the gulf of Siam, but of Martaban. 2 90 ] I N D He endeavours to prove that the pofition of Cattipnara, India, as laid down by Ptolemy, correfponds with that of Mer- J gui, a fea port on the weft of Siam 5 and that Thince, or Since Metropolis, is not Sin-hoa, but Tana-ferim, a city on the fame river with Mergui j and he contends, that the Ibbadii infula of Ptolemy is not Sumatra, as D’Anville would have it, but one of the final] iiles which lie in a clufter off this coaft. M. Goffelin is of opinion that the ancients never failed through the ftraits of Malacca, nor had any knowledge of the ifland of Su¬ matra, or of the eaftern ocean. The errors of Ptolemy have given occafion to a miftake of more modern date, viz. that the ancients were acquainted with China. This arofe from the re- femblance betwixt the name of that empire and the Since of the ancients. The Ayeen Akbefy informs us, that Cheen was an ancient name of Pegu; w hence, fays Dr Robertfon, “ as that country borders upon Ava, where M. Goffelin places the great promontory, this near refemblance of names may appear perhaps to confirm his opinion that Sinas Metropolis was fituated on this coaft, and not fo far eaft as M. D’Anville has placed it.” 3t Thus wre fee that the peninfula of Malacca was in all Boundary ; probability the boundary of the ancient difcoveries by of the na- fea } but by land they had correfpondence with coun-v>.?atlon tries ftill farther diftant. While the Seleucidoe con^" cient”' nued to enjoy the empire of Syria, the trade w'ith India continued to be carried on by land in the wray already mentioned. The Romans having extended their domi¬ nions as far as the river Euphrates, found this method of conveyance ftill eftablilhed, and the trade wras by them encouraged and protedled. J he progrefs of the caravans being frequently interrupted by the Parthians, particularly w hen they travelled towards thofe countries where filk and other of the moft valuable manufactures were procured, it thence became an object to the Ro¬ mans to conciliate the friendfhip of the fovereigns of thofe diftant countries. That fuch an attempt was ac¬ tually made, we know from the Chinefe hiftorians, who tell us, that Antoun, by whom they mean the emperor Marcus Antoninus, the king of the people of the weft¬ ern ocean, fent an embaffy to Ounti, who reigned in China in the 166th year of the Chriftian era ; but though the fad is mentioned, we are left entirely in the dark as to the iffue of the negociations. It is certain, however, that during the times of the Romans fuch a trade was carried on 5 and as we cannot fuppofe all thofe W'ho vifited that diftant region to be entirely def- titute of fcience, wTe may reafonably enough conclude, that by means of fome of thefe adventurers, Ptolemy was enabled to determine the fituation of many places which he has laid down in his geography, and which correfpond very nearly with the obfervations of modern times. 22 With regard to the Indian iflands, confidering the Few Indian little way they extended their navigation, they could iflands dif- not be acquainted with many of them. The principal covered by one was that of Ceylon, called by the ancients Tnpro-^- aB“ bane. The name was entirely unknown in Europe be¬ fore the time of Alexander the Great j but that con¬ queror, though he did not vifit, had fome how or other heard of it; with regard to any particulars, however, he feems to have been very flenderly informed ; and the accounts of ancient geographers concerning it are confufed cients. I N D [19 India, confufed and contradi&ory. Strabo fays, it is as 4—■'Y—large as Britain, and fituated at the diftance of feven days according to fome reports, or 20 days failing ac¬ cording to others, from the fouthern extremity of the pen in Tula. Pomponius Mela is uncertain whether to confider Taprobane as an ifland, or the beginning of an¬ other world *, but inclines to the latter opinion, as no¬ body had ever failed round it. The account of Pliny is ft ill more obfcure ; and by his defcription he would make us believe, that it was feated in the fouthern heraifphere beyond the tropic of Capricorn. Ptolemy places it oppofite to Cape Comorin, at no great diftance from the continent ; but errs greatly with regard to its magnitude, making it nolefsthan 15 degrees in length from north to fouth. And Agathemarus, who wrote after Ptolemy, makes Taprobane the largeft ifland in the world, affigning the fecond place to Britain. From thefe difcordant accounts, fome learned men have fup- pofed that the Taprobane of the ancients is not Ceylon, as is generally believed, but the iftand of Sumatra j though the defcription of it by Ptolemy, with the fi¬ gure delineated in his maps, feems to put it beyond a doubt, that Ceylon, and not Sumatra, is the ifland to which Ptolemy applies the defignation of laprobane. The other iflands defcribed by that geographer to the eaftward of Taprobane, are, according to Dr Robert- fon, thofe called Andaman and Nicobar in the gulf of Bengal. From the time of Ptolemy to that of the emperor Juftinian, we have no account of any intercourfe of the Europeans with India, or of any progrefs made in the Voyages of geographical knowledge of the country. Under that Cofmas to emperor one Cofmas, an Egyptian merchant, made India. fome voyages to India, whence he acquired the furnarne of Indicopleujies. Plaving afterwards turned monk, he publifhed feveral works 5 one of which, named Chriftian Topography, has reached us. In this, though mixed with many ftrange reveries, he relates with great fim- plicity and appearance of truth what he had feen in his travels or had learned from others. He defcribes feveral places on the weftern coaft of the hither penin- fula, which he calls the chief feat of the pepper-trade ; and from one of the ports on that coaft named Mate, Dr Robertfon thinks that the name Malabar may pro¬ bably be derived, as well as that of Maldives given to a duller of iflands lying at no great diftance. Cofmas informs us alfo, that in bis time the ifiand of Tapro¬ bane had become a great ftaple of trade. He fuppofed it to lie about half way betwixt the Perfian gulf and the country of the Sinse; in confequence of which commodious fituation it received the filk of the Sinae, and the precious fpices of the remote regions of the eaft, which were from thence conveyed to all pa^ts of India, Perfia, and the Arabian gulf. He calls it not Taprobane, but Sie/dib.a, derived from Se/endib, or Se- rendib, the fame by which it is ftill known all over the eaft. From him alfo we learn, that the Perfians having overthrown the empire of the Parthians, applied them- feives with great diligence and fuccefs to maritime af¬ fairs j in confequence of which they became formidable rivals to the Romans in the India trade. The latter finding themfelves thus in danger of lofing entirely that lucrative branch, partly by reafon of the rivallhip juft mentioned, and partly by reafon of the frequent hoftilities which took place between the two empires. i ] IN D formed a fcheme of preferving fome (hare of the trade i ^nL‘ia- f by means of his ally the emperor of Abyffinia. In ^ this be was difappointed, though afterwards he obtain-Sjjk -worms ed his end in a way entirely unexpefted. This was introduced by means of two monks who had been employed as mif-into Eu- fionaries in different parts of the eaft, and had pene-!Cl'e* trated as far as the country of the Seres or China. From thence, induced by the liberal promifes of Jufti¬ nian, they brought a quantity of the eggs of the filk- worms in a hollow cane. Tlhey wrere then hatched by the heat of a dunghill \ and being fed with the leaves of the mulberry, worked and multiplied as well as in thofe countries of which they are natives. Vaft num¬ bers were foon reared in Greece j from whence they were exported to Sicily, and from thence to Italy ; in all which countries filk manufa&ures have fince been eftablilhed. 25 On the conqueft of Egypt by the Saracens in the Intercourfe' year 640, the India trade was of courfe transferred to0!t^'^v^a- them j and they foon began to purfue it with much^.^ more vigour than the Romans had done. I he city of Baffora was built by the caliph Omar upon the weftern banks of the great river formed by the union of the Euphrates with the Tigris. Thus the command of both rivers was fecured, and the new city foon be¬ came a place of fuch confequence as fcarce to yield to Alexandria itfelf. Here Dr Robertfon takes notice, that from the evidence of an Arabian merchant who wrote in the year 8-5 1, it appears, that not only the Sa- 26 racens, but the Chinefe alio, were deftitute of the raa-Ch:nele U- riners compafs j contrary to the general opinion, that’1^^^ this inftrument was known in the eaft long before it^^^ made its appearance in Europe. From this relation, asner3COlll. well as much concurring evidence, fays our author,pafs. “ it is manifeft, that not only the Arabians but the Chi¬ nefe were deftitute of this faithful guide, and that their mode of navigation was not more adventurous than that of the Greeks and Romans. They fleered fervilely along the coaft, feldom ftretching out to fea fo far as to lofe fight of land ; and as they ihaped their courfe in this timid manner, their mode of reckoning was defec¬ tive, and liable to the fame errors with that of the Greeks and Romans.” Notwithftanding this difadvan- tage, however, they penetrated far beyond Siam, wjiich had fet bounds to the navigation of the Euro¬ peans. They became acquainted with Sumatra and other Indian iflands 5 extending their navigation as far as the city of Canton in China. A regular commerce was now carried on from the Perfian gulf to all the countries lying betwixt it and China, and even with China itfelf. Many Saracens fettled in India properly fo called, and in the countries beyond it. In the city of Canton particularly, they were fo numerous, that the emperor permitted them to have a cadi or judge of their own religion } the Arabian language was under- ftood and fpoken in every place of confequence •, and ftiips from China are even laid to have vifited the Per¬ fian gulf. _ 27 According to the Arabian accounts of thofe days, state of In- the peninfula of India tv as at that time divided intodia when four kingdoms. The firll was compofed of the pro-v iltey the cruladers, were flourilhing cities, inhabited by opulent merchants, who fupplied all the nations trading in the Mediterranean with the productions of the call 5 and, as far as can be gathered from incidental occurrences mentioned by the hiftorians of the holy war, who be¬ ing moftly priefts. and monks, had their attention di¬ rected to objeCts very different from thofe relating to commerce, there is reafon to believe, that both in Con- Itantinople while fubjeCt to the Franks, and in the ports of Syria acquired by the Chriftians, the long eftablilhed trade with the ealt continued to be protected and en¬ couraged.” Our author next goes on to Ihow in what manner the commerce of the Italian Hates was promoted by the crufades, until at laft, having entirely engroffed the Eait India trade, they Itrove with iuch eagernefs to find new markets for their commodities, that they extended a tafte for them to many parts of Europe where they had formerly been little known. The ri- vallhip of the Italian Hates terminated at lalt in a treaty with the fultan of Egypt in 1425, by which the port of Alexandria and others in Egypt were opened to the Florentines as well as the Venetians 5 and foon after, that people began to obtain a lliare in the trade to India. The following account of the manner in which the India trade was carried on in the beginning of the 14th century, is given by Marino Sanudo a Venetian noble¬ man. The merchants of that republic were fupplied with the commodities they wanted in two different ways. Thofe of fmall bulk and great value, fuch as cloves, nutmegs, gems, pearls, &c. were carried up the Perfian gulf to Baffora, from thence to Bagdad, and afterwards to fome port on the Mediterranean. The more bulky goods, fuch as pepper, cinnamon, and other fpiceries, were brought in the ufual manner to the Red lea, and from thence to Alexandria. The goods brought by land, however, were always liable to be feized by barbarians 5 and therefore the fupply that way was fcanty, and the price extravagantly dear, while, on the other hand, the fultan of Egypt, by impofing duties upon the Eafl; India cargoes to the amount of a full third of the value, feemed to render it impofiible that the owners thould find purchafers for their goods. This, however, was far from being the cafe } the de¬ mand for India goods continually increafed ; and thus ft communication, formerly unknown, betwixt all the. Vol. XI. Part I. nations of Europe, was begun and kept up. All this India, time, however, there had been no diredt communica- v tion betwixt Europe and India, as the Mohammedans would never allow' any Chriltian to pafs through their dominions into that country. The dreadful incurfions and conquefts of the Tartars under Jenghiz-khan, how¬ ever, had fo broken the power of the Mohammedans in the northern parts of Afia, that a way was now opened to India through the dominions of thefe bar- 31 barians. About the middle of the 13th century, there-.Tomney of fore, Marco Polo, a Venetian, by getting accefs to the ^ khan of the Tartars, explored many parts of the eaft ',"c eaft_ which had long been unknown even by name to the Europeans. He travelled through China from Peking on its northern frontier to fome of its molt foutherly provinces. He vifited alfo different parts of Hindoi- tan, and firfl, mentions Bengal and Guzerat by their modern names as great and flourifhing kingdoms. Ho obtained alfo fome account of an ifland which he called 'Zipangri, and w as probably no other than Japan •, he vifited Java with feveral of the i(lands in its neighbour¬ hood, the ifland of Ceylon, and the coaft of Malabar as far as the gulf of Gambay j to all which he gave the names they have at this day. The difcovery of fuch immenfe regions unknown before in Europe, furnifli- ed vafl; room for fpeculation and conjecture ; and while 32 the public attention was yet engaged by thefe difco- Genoefe veries, the deftrudtion of Conftantinople by the Turks^ra^e to. gave a very confiderable turn to the Eaft India com- ^ ^ ” merce, by throwing it almolt entirely into the handshaking of of the Venetians. Hitherto the Genoefe had rivalled Conftanti- that flate in the commerce we fpeak of, and they hadri0Ple- pofftfled themfelves of many important places on the coalt of Greece, as well as of the port of Caffa on the Black fea. Nay, they had even eflablithed themfelves at Conftantinople, in the fuburb of Pera, in fuch a manner as almofl; entirely to exclude the Greeks them- felves from any (bare in this commerce \ but by the deffruftion of Conftantinople they were at once driven out of all thefe poffeffions, and fo thoroughly humbled, that they could no longer contend with the Venetians as before ; fo that, during the latter part of the 15th century, that republic fupplied the greater part of Europe with the productions of the eaft, and carried on trade to an extent far beyond what had been known in former times. The mode in which they now car¬ ried on this trade w as fomewhat different from what had been praCtiled by ancient nations. The Tyrians, Greeks, and Romans, had failed direCtly to India in queft; of the commodities they wanted *, and their example has been imitated by the navigators of mo¬ dern Europe. In both periods the Indian commodi¬ ties have been paid for in gold and filver ; and great complaints have been blade on account of the drain of thofe precious metals, which were thus buried as it 33 were in India, never to return again. The Vene-Immenfe tians, however, were exempted from this lofs ; for ha-^ca^ ving no direCt intercourfe w ith India, they fupplied the mfelves from the warchoufes they found, in Egypt from their and Syria, ready filled with the precious commo-Indian dities they wanted ; and thefe they purchafed more commerce, frequently by barter than with ready money. Thus, not only the republic of Venice, but all the cities which had the good fortune to become emporia for the India goods imported by it, were raifed to fuch a pitch of B b power I N D [ 194 1 I N D Ir^ia- 34 High inte- raft of mo¬ ney in the 15th cen¬ tury. 35 The Vene¬ tian trade ruined by the difco- very of the Cape of Good Hope. power and fplendour as fcarce ever belonged to any Eu¬ ropean ftate. The citizens of Bruges, from which place the other European nations were for a long time fupplied with thefe goods, difplayed fuch magnificence in their drefs, buildings, and manner of living, as ex¬ cited even the envy of their queen Joan of Navarre who came to pay them a vifit. On the removal of the ftaple from Bruges to Antwerp, the latter foon difplayed the fame opulence ; and in feme cities of Germany, particularly Augfburg, the great mart for Indian commodities in the internal parts of that coun¬ try, there are examples of merchants acquiring fuch large fortunes as entitled them to high rank and con- fideration in the empire. The moft accurate method, however, of attaining fome knowledge of the profits the Venetians had on their trade, is by confidering the rate of intereit on money borrowed at that time. This, from the clofe of the nth century to the commence¬ ment of the 16th, we are told, was no lefs than 20 per cent, and fometimes more. Even as late as 1500, it was 10 or 12 in every part of Europe. Hence we are to conclude that the profits of fuch money as was then applied in trade muft have been extremely high j and the condition of the inhabitants of Venice at that time warrants us to make the conclufion. “ In the magnificence of their houfes (fays Dr Robertfon), in richnefs of furniture, in profufion of plate, and in every thing which contributed either towards ele¬ gance or parade in their mode of living, the nobles of Venice furpaffed the ftate of the greateft monarch be¬ yond the Alps. Nor was all this difplay the effeft of an oftenlatious and inconfiderate diftipation ; it was the natural confequence of fuccefsful induftry, which, ha¬ ving accumulated wealth with eafe, is entitled to enjoy it in fplendour.” Th is exceffive fuperiority of wealth difplayed by the Venetians could not fail to excite the envy of the other ftates of Europe. They were at no lofs to difeover that the Eaft India trade was the principal fource from whence their wealth was derived. Some of them en¬ deavoured to obtain a fhare by applying to the fultans of Egypt and Syria to gain admiffion into their ports upon the fame terms with the Venetians; but either by the fuperior intereft of the latter with thofe princes, or from the advantages they had of being long eftabhihed in the trade, the Venetians always prevailed. So intent indeed were the other Euro¬ pean powers on obtaining fome fhare of this lucra¬ tive commerce, that application was made to the fo- vereign of Ruflia to open an intercourfe by land with China, though the capitals of the two empires are up¬ wards of 6000 miles diftant from each other. This, however, was beyond the power of the Ruflian prince at that time 5 and the Venetians imagined that their power and wealth were fully eftablilhed on the moft: permanent bafis, when two events, altogether unfore- feen and unexpedted, gave it a mortal blow, from which it never has recovered, nor can recover itfelf. Thefe were the c^fcovery of America and that of the paffage to the Eaft Indies by the Cape of Good Hope. The former put Spain in poffeflion of immenfe treafures; which .being gradually diffufed all over Europe, foon call¬ ed forth the induftry of other nations, and made them exert themfelves in fuch a manner as of itfelf muft have foon leflened the demand for Indian produdlions. The difeovery of the paffage to India by the Cape of India. Good Hope, however, was the moft effe&ual and -r—j fpeedy in humbling the Venetians. After a tedious courfe of voyages along the weftern coaft of Africa, continued for near half a century, Vafco de Gama, an adtive and enterprifing Portuguefe officer, doubled the Cape of Good Hope, and, coafting along the eaftern Ihore of the continent, failed next acrofs the Indian ocean, and landed at Calicut on the coaft of Malabar, on th 22d of May 1498, ten months and two days after leaving the port of Litbon. On his arrival in In¬ dia he was at firit received with great kindnefs by the fovereign of that country, ftyled the Samorin ; but af¬ terwards, from whafe caufes we cannot now well de¬ termine, the Indian prince fuddenly changed his kind¬ nefs into mortal enmity, and attempted to cut off Ga¬ ma with his whole party. The Portuguefe admiral, however, found means to efcape every plot that was laid againft him j and loaded his (hips not only with the products of that part of the country, but with many of the valuable produces of the more remote regions. On his return to Portugal, De Gama was received £Xpfofts0f with all imaginable demonftrations of kindnefs. ThethePortu- Portuguefe nation, nay all the nations in Europe, the guefe in Venetians alone excepted, rejoiced at the dil'covery lncfia> which had been made. The latter beheld in it the certain and unavoidable downfal of their own power, while the Portuguefe, preluming upon their right of prior difeovery, which they took care to have confirm¬ ed by a papal grant, plumed tbemfelves on the thoughts of having the whole Indian commerce centre in their nation. The expedtations of the one, and the appre- henfions of the other, feemed at firft to be well- founded. A fueceflion of gallant officers fent into the eaft from Portugal accomplifhed the greateft and moft arduous undertakings. In 24 years after the voy¬ age of De Gama, they had made themfelves mafters of many important places in India 5 and among the reft: of the city of Malacca, where the great ftaple of trade throughout the whole Eaft Indies was eftablifhed. As this city ftands nearly at an equal diftance from the eaftern and weftern extremities of all the countries comprehended under the name of Indies, it was fre¬ quented by the merchants of China, Japan, of all the kingdoms on the continent, the Moluccas and other iflands in that quarter, as well as by thofe of Malabar, Ceylon, Coromandel, and Bengal. Thus the Portuguefe acquired a moft extenfive influence over the internal commerce of India j while, by the fettlements they had formed at Goa and Diu, they were enabled to engrofs the trade on the Malabar coaft, and greatly toobftrudt the long eftablifhed intercourfe of Egypt with India by the way of the Red fea. Their fhips now frequented every port in the eaft where any valuable commodities were to be had, from the Cape of Good Hope to the river of Canton in China ; and all alonp- this immenfe extent of more than 4000 leagues, they had a chain of forts and factories eftablilhed for the convenience of protefting their trade. They had likewife made them¬ felves mafters of feveral ftations favourable to com¬ merce along the fouthern coaft: of Africa, and in many ifiands lying between Madagafcar and the Moluc¬ cas. In all places where they came, their arms had ftruck fuch terror, that they not only carried on their trade without any rival or controul, but even preferibed to I N D [ IQ5 ] IN D India, to tlie natives die terms of their mutual intercourfe •, nay} fometimes they fet what price they pleafed upon the commodities they purchaled, and thus were ena¬ bled to import into Europe the Indian commodities in greater abundance and at a lower rate than had ever been done before. Not fatisfied with this, they formed a fcheme of excluding all other nations from any (hare of the trade they enjoyed ; and for that purpofe de¬ termined to make themfelves mailers of fuch ftations on the Red fea and Perfian gulf as might put them in poiTeflion of the navigation of both thefe feas, and enable them not only to obftruft the ancient commerce between Egypt and India, but to command the mouths of the great rivers which we have formerly mentioned as the means of conveying the Indian goods through the internal parts of Alia. The conduft of thefe enterprifes was committed to Alphonfo Albu¬ querque, the mod diitinguHhed officer at that time in the Portuguefe fervice. By reafon of the vaft number of the enemies he had to contend with, however, and the fcanty fupplies which could be derived from Por¬ tugal, he could not fully accomplifh what was expected from him. However, he took from the petty princes who were tributaries to the kings of Perfia the fmall ifland of Ormus, which commanded the mouth of the Perfian gulf; and thus fecured to Portugal the poflef- fion of that extenfive trade with the eaft which the Per- fians had carried on for feveral centuries. On this bar¬ ren ifland, almoft: entirely covered with fait, and fo hot that the climate can fcarcely be borne, deftitute of a drop of frefti water, except what was brought from the continent, a city was ere&ed by the Portuguefe, which foon became one of the chief feats of opulence, fplendour, and luxury, in the eaftern world. In the Red fea the Arabian princes made a much more for¬ midable refiftance ; and this, together with the da¬ mage his deet fuftained in that fea, the navigation of which is always difficult and dangerous, obliged Albu¬ querque to retire without effefting any thing of impor¬ tance. Thus the ancient channel of conveyance ftill remained open to the Egyptians 5 but their commerce was greatly circumfcribed and obftrufted by the power¬ ful interert of the Portuguefe . in every port to which ^ they had been accuftomed to refort. Inefledtual The Venetians now began to feel thofe effefts of ftruggles of De Gama’s difcovery which they had dreaded from the Vene- the beginning. To preferve the remains of their com- tdeve'thTir merce> they applied to the fultan of the Mameluks in affairs. " Egypt, who was no lefs alarmed than themfelves at the lofs of fuch a capital branch of his revenue as he had been accuftomed to derive from the India trade. By them this fierce and barbarous prince was eafily perfuaded to fend a furious manifefto to Pope Julius II. and Emmanuel king of Portugal. In this, after ftat- ing his exclufive right to the Indian trade, he inform¬ ed them, that if the Portuguefe did not relinquifh that new courfe of navigation by which they had penetrat¬ ed into the Indian ocean, and ceafe from encroaching on that commerce which from time immemorial had been carried on between the eaft of Afia and his domi¬ nions, he would put to death all the Chriftians in Egypt, Syria, and Paleftine, and demolifh the holy fepulchre itfelf. To this threat, which fome centu¬ ries before would have alarmed all Chriftendom, no re¬ gard was paid } fo that the Venetians, as their laft re- fource, were obliged to have recourfe to a different India, expedient. This was to excite the fultan to fit out a fieet in the Red fea to attack the Portuguefe, and drive them from all their fettlements in the eaft; nay, in or¬ der to affift him in the enterprife, he was allowed to cut down their forefts in Dalmatia, to fupply the defi¬ ciency of Egypt in timber for fhip-building. The tim¬ ber was conveyed from Dalmatia to Alexandria 5 and from thence, partly by water and partly by land, to Suez 5 where twelve men of war were built, on board which a body of Mameluks were ordered to ferve under the command of an experienced officer. Thus the Por¬ tuguefe were affaulted by a new enemy, far more formi¬ dable than any they had yet encountered j yet fuch was the valour and conduft of the admiral, that after feveral fevere engagements, the fleet of the infidels was entire¬ ly ruined, and the Portuguefe became abfolute mafters of the Indian ocean. This difafter was followed in no long time by the total overthrow of the dominion of the Mameluks in Egypt by Selim the Turkifh fultan ; who thus alfo became mafter of Syria and Paleftine. As his intereft was now the fame with that of the Venetians, a league was quickly formed betwixt them for the ruin of the power of the Portuguefe in India. With this view Selim confirmed to the Venetians the extenfive commercial privileges they enjoyed under the government of the Mameluks ; publifhing at the fame time an edift, by which he permitted the free entry of all the produc¬ tions of the eaft imported dire£Hy from Alexandria in¬ to any part of his dominions, but impofed heavy taxes upon fuch as were imported from Lilbon. All this, however, was infuffieient to counteraH the great ad¬ vantages which the Portuguefe had obtained by the new paffage to India, and the fettlements they had eftabliftied in that country; at the fame time that the power of the Venetians being entirely broken by the league of Cambray, they were no longer able to con¬ tribute any affiftance. They were therefore reduced to the neceflity of making an offer to the king of Portu¬ gal to purchafe all the fpices imported into Lilbon, over and above what might be requifite for the con- fumption of his own fubjedfts. This offer being rejeft- ed, the Portuguefe for fome time remained uncon- trouled mailers of the Indian trade, and all Europe was fupplied by them, excepting fome very inconfider- able quantity which was imported by the Venetians through the ufual channels. ^ The Portuguefe continued to enjoy this valuable Why the branch of commerce undifturbed almoft for a whole I>orru£ueie century j to which, however, they are indebted more tra<^e was to the political fituation of the different European na-rUpt'"cj 1^ tions than to their own prowefs. After the acceffion other Eu- of Charles V. to the throne of Spain, that kingdom wasroPeaj? either fo much engaged in a multiplicity of operations, P°wers* owing to the ambition of that monarch and his fon Philip II. or fo intent on profecuting their difeoveries and conquefts in the new world, that no effort was made to interfere with the Eaft Indian trade of the Portuguefe, even though an opportunity offered bv the difcovery of a fecond paffage by fea to the Eaft Indies through the ftraits of Magellan. By the acquifition of the crown of Portugal in 1580, Spain, inftead of becoming the rival, became the protestor and guardian of the Portuguefe trade. The reiources of France all JB h 2 thts I N D [ I9^ 1 I N D 39 RreaKhip of the the haft Indies, India, tills ti'rae were fo much exhaufted by a continuance of ***-¥-*—' long and deiolating wars, that it could bellow neither much attention on obje6fs at fuch a diflance, nor en¬ gage in any expenfive fcheme. England was defolated by the ruinous wars between the houfes of York and Lancafter, and afterwards its enterprifing fpirit was re- llrained by the cautious and covetous Henry VII. His 1’on Henry VIII. in the former part of his reign, by engaging in the continental quarrels of the European princes, and in the latter part by his quarrel with the pope and contefts about religion, left no time for com¬ mercial fchemes. It was not, therefore, till the reign of Queen Elizabeth that any attention was paid to the affairs of the call by that kingdom. The firft who Ihook the power of the Povtuguefe in India were the Dutch 5 and in this they were gladly feeonded by the natives, whom the Portuguefe had molt grievoufly oppreffed. The Englifh foon followed their example ; and in a few years the Portuguefe were expelled from their moil valuable fettlements, while the moft lucra¬ tive branches of their trade have continued ever fince in the hands of thofe two nations. It is not to be (uppofed that the other European nations would lit itili and quietly fee thefe two en- Firn n and profs w]10ie 0f lucrative commerce without at- Enijiilh in f - • r n T- n r l- ternptmg to put m tor a mare. Ealt India compa¬ nies were therefore fet up in different countries : but it was only between France and Britain that the great rivallhip commenced 5 nor did this fully difplay itfelf till after the peace of Aix-la-Chapelle. Both nations had by this time made themfelves mafters of EngHfti fet-confiderabie fettlements in India. The principal of tlements in thofe belonging to Britain were, I. Surat, fituated India. on t]ie weftern jQf, 0f the peninfula within the Ganges, between the 2irt and 22d degrees of N. Lat. This peninfula comprehended the kingdoms of Malabar, Decan, Golconda, and Bifnagar, with the principali¬ ties of Gingi, Tanjour, and Madura *, the weftern coafl: being diftinguilhed by the name of Malabar, and the eaftern by that of Coromandel. 2. Bombay, a fmall ifland in the kingdom of Decan, about 45 leagues to the fouth of Surat. 3. Dabul, about 40 leagues farther to the fouth, in the province of Cun- can. 4. Carwar, in N. Lat. 130, where there was a imall fort and factory. 5. Tillicherry, to which place the Englilh trade w'as removed from Calicut, a large town 15 leagues to the fouthward. 6. Anjengo, be¬ tween eight and nine degrees of latitude, the moft foutherly fettlement on the weftern coaft of the penin¬ fula. 7. On the Coromandel coaft they poffeffed Fort St David’s, formerly called Tegapatan, lituated in the kingdom of Gingi, in. 11° 40' N. Lat. 8. Madras, the principal fettlement on this coaft, betw'een 130 and 140 N. Lat. not far from the diamond mines of Gol¬ conda. 9. Vifigapatam, farther to the north. 10. Ba- lafore, in latitude 22°, a factory of fmall confequence. 11. Calcutta, the capital of all the Britifh fettlements in the Eaft Indies. Thefe w7ere the principal places belonging to Britain which we {hall have occafion to Qrignvof ment*on in tbe account of the contefts which now the blaft In took place j thofe of the French were chiefly Pondi- dian war cherry and Chandernagore. betwixt the The war is faid to have been firft occafioned by the EiWiftCn^ intr'gues the French commandant M. Dupleix } who 3 n immediately after the peace of Aix-la-Chapelle, began 40 to fow diffenfion among the nabobs, who had by this time ufurped the fovereignty of the country. Nizam ' Almuluck, viceroy of Decan, and nabob of Arcot, had, as officer for the Mogul, nominated Anaverdy Khan to be governor of the Carnatic, in the year 1 745. On the death of Nizam, his fecond Ion Nazir-zing was appoint¬ ed to fucceed him in his viceroyalty, and his nomina¬ tion was confirmed by the Mogul. Fie was oppofed by his coufin Muzapher-zing, who applied to Dupleix for affiftance. By him he was fupplied with a body of Europeans and ibrne artillery ; after which, being alfo joined by Chunda Saib, an adlive Indian prince, he took the field againft Nazir-zing. The latter was fup- ported by a body of Britifh troops under Colonel Lau¬ rence j and the French, dreading the event of an en¬ gagement, retired in the night; fo that their ally was obliged to throw himfelf on the clemency of Nazir- zing. His life was fpared, though he himfelf was de¬ tained as a ftate prifoner j but the traitor, forgetting the kindnefs fliowed him on this oceafion, entered into a confpiracy againft the life of Nazir-zing, and mur¬ dered him in his camp •, in which infamous tranfaftion he was encouraged by Dupleix and Chunda Saib, who had retired to Pondicherry. Immenfe riches were found in the tents of Nazir-zing, great part of which fell to the fhare of Dupleix, whom Muzapher-zing now affociated with himfelf in the government. By virtue of this affociation, the Frenchman affumed the ftate and formalities of an eaftern prince j and he and his colleague Muzapher-zing appointed Chunda Saib na¬ bob of Arcot. In 1749, Anaverdy Khan had been defeated and killed by Muzapher-zing and Chunda Saib, affifted by the French ; after which his fon Mo¬ hammed Ali Khan had put himfelf under the protec¬ tion of the Englifh at Madras, and was confirmed by Nazir-zing as his father’s fucceffor in the nabobfhip or government of Arcot. This government, therefore, was difputed betwixt Mohammed Ali Khan, appoint¬ ed by the legal viceroy Nazir-zing, and fupported bv the Englifh company, and Chunda Saib nominated by the ufurper Muzapher-zing, and protefted by Dupleix, who commanded at Pondicherry. Muzapher-zing, how¬ ever, did not long enjoy his ill-got authority 5 for in the year 1751, the nabobs who had been the means of railing him to the power he enjoyed, thinking them¬ felves ill rewarded for their fervices, fell upon him fud- denly, defeated his forces, and put him to death ; pro¬ claiming Salabat-zing next day viceroy of the Deccan. On the other hand, the Mogul appointed Gauzedy Khan, the elder brother of Salabat-zing, who was confirmed by Mohammed Ali Khan in the government of Arcot : but the affairs of the Mogul were at that time in fuch diforder, that he could not with an army fupport the nomination he had made. Chunda Saib in the mean time determined to recover by force the nabobfhip of Arcot, from which he had been depofed by the Mogul, who had placed Anaverdy Khan in his room. With this view he had recourfe to Dupleix at Pondicherry, who reinforced him with 20CO Sepoys, 60 Caffrees, and 420 French 5 upon condition that if he fucceeded, he ftiould cede to the French the town of Velur in the neighbourhood of Pondicherry, with its dependencies, confining of 45 villages. Thus rein¬ forced, he defeated Anaverdy Khan, who loft bis life in the engagement, reaffumed the government of Arr eot, India, 42 Mr Clive’ firft appe: ance in a military capacity. very and fuccefs. 1 N D [ i cot, and punctually performed the engagements he had ■' come under to his French allies. All this time Mohammed Ali Khan had been fup- ported by the Englilh, to whom he lied after his fa¬ ther’s death. By them he was fupplied with a rein¬ forcement of men, money, and ammunition, under the conduCt of Major Laurence, a brave and experienced officer. By means of this fupply he gained fome ad¬ vantages over the enemy •, and repairing afterwards to Fort St David’s, he obtained a further reinforcement. With all this affiltance, however, he accompliffied no¬ thing of any moment ; and the Englifh auxiliaries having retired, he was defeated by his enemies. Thus he was obliged to enter into a more clofe alliance with the Engliffi, and cede to them fome commercial points which had been long in difpute ; after which, Captain Cope was difpatched to put Trinchinopoli in a ftate of defence, while Captain de Gingis, a Swifs officer, marched at the head of 400 Europeans to the affift- ance of the nabob. On this occalion Mr Clive firft ar-offered his fervice in a military capacity. He had been employed before as a writer, but appeared very little qualified for that or any other department in ci¬ vil life. He now marched towards Arcot at the head of 210 Europeans and 500 Sepoys. In the firft expedition he difplayed at once the qualities of a great commander. His movements were condufted with fuch fecrecy and defpatch, that he made himfelf mafter of the enemy’s capital before they knew of his march j and gained the affeCtions of the people by his generofi- ty, in affording protection without ranfom. In a ffiort time, however, he found himfelf inverted in Fort St David’s by Rajah Saib, fon to Chunda Saib, an Indian chief, pretender to the naboblhip of Arcot, at the head of a numerous army 5 the operations of the fiege be¬ ing conducted by European engineers. Thus, in fpite of his utmoft efforts, two practicable breaches w'ere made, and a general affault given ; but Mr Clive ha¬ ving got intelligence of the intended attack, defended himfelf with fuch vigour, that the affailants were every¬ where re pul fed with lofs, and obliged to raife the fiege with the greateft precipitation. Not contented with this advantage, Mr Clive, being reinforced by a detachment from Trinchinopoli, marched in queft of the enemy ; and having overtaken them in the plains of Arani, attacked and entirely defeated them on the 3d of December 1751. This victory was followed by the furrender of the forts of Timery, Conjaveram, and Arani : after which Mr Clive returned in triumph to Fort St David’s. In the beginning of the year 1752 he marched towards Madras, wffiere he was reinforced by a fmall body of troops from Bengal. Though the whole did not ex¬ ceed 300 Europeans, with as many natives as weve fuf- ficient to give the appearance of an army, he boldly proceeded to a place called Koveripauk, about 15 miles from Arcot, where the enemy lay to the number of 1500 Sepoys, 1700 horfe, with 150 Europeans, and eight pieces of cannon. Victory was long doubtful, until Mr Clive having fent round a detachment Wj fall upon the rear of the enemy, while the Englilh attack¬ ed the entrenchments in front with their bayonets, a general confufion enfued, the enemy were routed with confiderable {laughter, and only faved from total de- ftruClion by the darknefs of the night, The French 3 97 ] I N D to a man threw down their arms, and furrendered India, themfelves prifoners of war •, ali the baggage and can- v non falling at the fame time into the hands of the viClors. On the return of Mr Clive to Fort St David’s, he His ex- was fuperfeded in the command by Major Laurence. P^0i.ts und£r By him he was detached with 400 Europeans, a few Maior Lau* Mahratta foldiers, and a body of Sepoys, to cut offrence* the enemy’s retreat to Pondicherry. In this enter- prife he was attended with his ufual good fuccefs, took feveral forts, vanquilhed the French commander M, d’Anteuil, and obliged him with all his party to furren¬ der prifoners of war. 45.. Chunda Saib, in the mean time, lay encamped with Death of an army of 30,000 men at Syringham, an illand in the GHlr)da neighbourhood of Trinchinopoli j but Major Lau-^a^’ rence having found means to intercept his provifions, he was obliged to fly. Being obliged to pafs through* the camp of the Tanjore general, he obtained a pafs for the purpofe ; but was neverthelefs detained by the nabob ; who was an ally of the Englilh, and his head Tj’as ftruck off, in order to prevent any difputes that might arife concerning him. After the flight of Chunda Saib, his army was at¬ tacked and routed by Major Laurence ; and the illand of Syringham furrendered, with about 1000 French fol¬ diers under the command of Mr Law, brother to him .5 who fchemed the Miffiffippi company. M. Dupleix, M. Dupleix exceedingly mortified at this bad fuccefs, proclaimed Pretends Rajah Saib, fon to Chunda Saib, nabob of Arcot; and afterwards produced forged commiffions from the fheMo^l Great Mogul, appointing him governor of all the Gar - and afreds’ natic from the river Kriftnah to the fea. The better the ftate of. to carry on this deception, a meffenger pretended toan.In^an‘ come from Delhi, and was received with all the pomp1,rince’ of an ambaffador from the Great Mogul. Dupleix,' mounted on an elephant, and preceded by mulic and dancing women, after the oriental falhion, received his commiffion from the hands of this importer 5 after which he affefled the ftate of an eaftern prince, kept his durbar or court, appeared fitting crofs-legged on a fopha, and received prefents as fovereign of the coun¬ try, from his own council as well as from the na¬ tives. Thus the forces of the Englilh and French Eaft India companies were engaged in a courfe of hoftili- ties at a time when no war exifted between the two nations ; and while they thus continued to make war on each other under the title of auxiliaries to the con¬ tending parties, Gauzedy Khan took poffeffion of the dignity appointed him by the Mogul; but had not been in pofleffion of it above 14 days when he was poifoned by his own fifter. His fon Seah Abadin Khan was appointed to fucceed him by the Mogul; but the latter being unable to give him proper affiftance, Sala- bat-zing remained without any rival, and made a pre- fent to the French commander of all the Englilh pof- feflions to the northward. Thus concluded the campaign of 1752. Next year Rein£,e- both parties received confiderable reinforcements ; thementsar- Englilh, by the arrival of Admiral Watfon with a r*ve Ironi fquadron of Ihips of war, having on board a regiment EnSland commanded by Colonel Aldercroon j and the French an^ ^raaee’ by M. Gadeheu, commiffary and governor-general of all their fettlements, on whofe arrival M. Dupleix de¬ parteds India. N D [ 19S ] The new governor made the moft of government. 48 Provifional treaty be¬ twixt the two na¬ tions con¬ cluded. parted for Europe friendly propofals ; and defired a ceffation of arms un til the difputes could be adjufted in Europe. Thefe propofals being readily liftened to on the part of the Englifh, deputies were fent to Pondicherry, and a pro¬ vifional treaty and truce were concluded, on condi¬ tion that neither,of the two companies (hould for the future interfere in any of the differences that might take place in the country. The other articles related to the places or fettlements that {hould be retained or pofleff- ed by the refpefHve companies, until frefti orders fhould arrive from the courts of London and Ver- failles ; and till then it was ftipulated, that neither of the two nations {hould be allowed to procure any new grant or ceflion, or to build forts in defence of any new eftablifhment; nor {hould they proceed to any cef¬ lion, retroceflion, or evacuation, of what they then pof- fefTed *, but every thing {hould remain on the fame foot¬ ing as formerly. The treaty was publiflied on the nth of January I755 '■> at- en^ which month Admiral Watfon re¬ turned with his fquadron from Bombay, and M. Ga- deheu returned to France in the beginning of Febru¬ ary, leaving M. Leyrit his fucceffor at Pondicherry. M. Bufiy, with the Soubahdar Salabat-zing, command¬ ed in the north 5 and M. de Sauflay was left to com¬ mand the troops at Syringham. Matters, however, did not long continue in a ftate of tranquillity. Early In the year it appeared that the French were endea¬ vouring to get poffeflion of all the provinces of the Deccan. M. Bulfy demanded the fortrefs of Golconda from Salabat-zing 5 and M. Leyrit encouraged the phoufder or governor who rented Velu to take up arms againft the nabob. He even fent 300 French and as many Sepoys from Pondicherry to fupport this rebel, and oppofe the EnglKh employed by the nabob to eolledl his revenues from the tributary princes. In this office they had been employed ever fince the cef¬ fation of hoftilities ; one half of the revenue being paid to the nabob, and the other to the company, which now involved them in a kind of military expedition Expedition into the country of the Polygars, who bad been pre- of the Eng-v]oufly fummoned to fend agents to fettle accounts with the nabob. Four of them obeyed the fummons 5 but one Lachenaig refufed, and it was therefore refolv- ed to attack, him. The country was very ftrong, being almoft entirely fortified by nature or art j for it was furrounded by craggy hills detached from one another, and covered with bufhes fo as to be impafiable for any but the natives, who had thrown up works from hill to hill. Thefe works were indeed very rude, be¬ ing formed of large ftones laid upon one another with¬ out any cement, and flanked at proper diflances by round earthen towers} before the wall was a deep and broad ditch, with a large hedge of bamboos in front, fo thick that it could not be penetrated but by the hat¬ chet or by the fire. This was forced, though not with¬ out fume lofs \ after which another work of the fame kind, but ftronger, made its appearance •, but this be¬ ing likewile forced, Lachenaig was obliged to fubmit and pay his tribute. The Engliih army now marched to Madura, a flrong Indian town about 60 miles fouth of Trinchinopoli. On their approach it fubmitted without any oppofition, and the inhabitants feemcd pleafed with their change 1 N D Here a deputation was received from India. 49 lifli into the country of the Po¬ lygars. 50 Madura reduced. a neighbouring Polygar, defiring an alliance, and as a proof of. his iincerity making an offer of two fettle-T 51 ments on the fea-coaft of his country oppofite to ther TneW Miand Ox Ceylon, which tvould greatly facilitate their obtained future commerce with Tinevelly. Before this time by the they could not have reached that city but by a circui- b-nghfli. tous march of 460 or 530 miles ; but from the new fettlements the diftance to Tinevelly was no more than 50 miles, and reinforcements or fupplies of any kind might be fent them from Madras or Fort St David 52 in four or five days. This offer being accepted, Co-E*Plo'ts lonel Heron, the Englifh commander, marched to at- Heron ^ tack the governor of Madura, who had fled to a place iei°n‘ called Coilgoody: on the approach of the EngHfh lie fled from this place alfo, leaving the greatefl part of his troops v o defend the place. The road was fo rugged, that the carriages of the cannon broke down •, and as the troops were not furnilhed with fcaling ladders, there feemed to be little hope of gaining the place, which was very ftrong. j he colonel, however, determined to make an affault after the Indian manner, by burn¬ ing down the gates with bundles of ftraw j and to en¬ courage his men in this new method of attack, he him- felf carried the firft torch, being followed by Moham- 5- med Iffouf, who bore the fecond. The place was ta-His impro- ken and plundered, not fparing even the temples 5(^nce in which infpired the inhabitants with the ulmoft abhor-p/ailcierinS rence of the vidors, on account of their contempt of^mpLt™ their religion. 1 After this exploit the army removed to Madura ; and a garrifon being left in the place, they proceeded to Tinevelly, which fubmitted without oppofition, and owned the jurifdi&ion of the nabob 5 though fome of the Polygars ftill evaded payment, and therefore hofti¬ lities were commenced againft them. ^ The new expedition was marked by an aft of the Cruel maf- moft difgraceful cruelty at a fort named iVe//eeo^//,facre at 40 rqiles fouth of Tinevelly. It was fortified by a mudNellecotalu wall with round towers. The affault was made with great refolution, and the troops gained poffeflion of the parapet without being repulfed. On this the gar¬ rifon called out for quarter, but it was barbaroufly re¬ fufed ; a general maffacre of men, women, and chil¬ dren enfued, only fix perfons out of 400 being fullered to efcape with life. It now appeared that the revenues collefted in this expedition had not been fufficient to defray the ex- pences of the army ; and a report being fpread that Salabat-zing was advancing into the Carnatic at the head of his army, along with M. Buffy the French commander, to demand the Mogul’s tribute, it was thought proper to recal Colonel Heron to Trinchino¬ poli. Before this, he had been prevailed on by the In¬ dian chief who accompanied him, to convey to him (Mazuphe Cawn) an inveftiture of the countries of Madura and Tinevelly for an annual rent of 187,500!. fterling. In his way he was likewife induced by the fame chief to make an attempt on a ftrong fort named Nelly tang aville, fituated about 30 miles weft of Tine¬ velly ; and belonging to a refraftory Polygar. This attempt, however, proving unfuccefsful for want of battering cannon, the colonel returned with Mazuphe Cawn to Trinchinopoli, where he arrived on the 22d of May 1755. The In^ia. 55 Unfortu¬ nate expe¬ dition and difgrare of Colonel Heron. e 56 Scheme formed by the Engliih againft the French. INI) [ 1 The laft expedition of this commander was againft a mud fort named Vo/fi/nntnm, fituated near the en¬ trance of the woods belonging to the^Colleries. Thefe people were highly incenfed at the plundering of Coil- goody, and particularly at the lofs of their facred images, which the rapacious conquerors had carried off. In coni'equence of this they had already flaughtered a party of Sepoys whom the commanding officer at Ma¬ dura had fent out to colleft cattle. In their march the Engliffi army had to go through the pafs of Natam, one of the moft dangerous in the peninfula. It begins about 20 miles north of Trinehinopoli, and continues for fix miles through a wood impaffable to Europeans. The road which lay through it was barely fufficient to admit a fingle carriage at a time, at the fame time that a bank running along each fide rendered it impoflible to widen it. In moft places the wood was quite con¬ tiguous to the road j and even where part of it had been felled, the eye could not penetrate above 20 yards.—A detachment of Europeans, pioneers, and fepoys, were fent to fcour the w oods before the main body ventured to pafs through fuch a dangerous defile. The former met with no oppofition, nor did any ene¬ my appear againft the latter for a long time. At laft the march was flopped by one of the heavieft tumbrils flicking in a dough, out of which the oxen were not able to draw it. The officers of artillery fuffered the troops marching before to proceed •, and the officer who commanded in the rear of the battalion, not fuf- pefting what had happened, continued his march, while moft of the Sepoys who marched behind the rear divifion of the artillery were likewife fuffered to pafs the carriage in the Hough, which choaked up the road, and prevented the other tumbrils from moving forward, as well as three field pieces that formed the rear divi¬ fion of artillery, and the whole line of baggage that followed. In this divided and defencelefs ftate the rear divifion of the baggage wns attacked by the Indians; and the whole would certainly have been deftroyed, had it not been for the courage and activity of Capt. Smith, who here commanded 40 Caffres and 200 Sepoys, with one fix-pounder. Confiderable damage, however, was done, and the Indians recovered their gods ; which certainly were not worth the carrying off, being only made of brafs, and of a diminutive fize. Colonel Heron was tried by a court-martial for mifconduft in this expedition ; and being found guilty, was de¬ clared incapable of ferving the company any longer ; foon after which he returned to Europe, and died in Holland. In the mean time Nanderauze, an Indian prince, formed a fcheme to get pofieffion of Trinchinopoli ; and in order to cornpafs his end with greater facility, communicated his defign to M. de Sauffay the com¬ mander of the French troops. But this gentleman hav¬ ing communicated intelligence to the Engliffi com¬ mander, the enterprife mifcarried, and no difference betwixt thefe twro rival nations as yet took place. It does not, however, appear that the Engliffi were in the leaft more folicitous to avoid hoftilities than the French ; for as foon as the company were informed of the ac- quifitions made by M. BulTy in the Deccan, it was de¬ termined to encourage the Mahrattas to attack Sala- bat-zing, in order to oblige him to difmifs the French auxiliaries from his fervice. In order to fucceed in this Imlia. 57 99 ] I N D enterprife, it was neceffary to have a commander well experienced in the political fyfiems of the country, as well as in military affairs j and for this purpofe Mr Clive, now governor of Fort St David’s, and invefted with a lieutenant colonel’s commiffiot) in the king’s troops, offered his fervice. Three companies of the king’s artillery, confifting of 100 men each, and 300 recruits, were lent from England on this expedition, who arrived at Bombay on the 27th of November j when on a fudden the prefidency oF Madras took it into confideration that this expedition could not beTheexpv* profecuted without infringing the convention made ditaon laid v ith the French commander. “ This (fay£ Mr Grofe) a^e* was a&ing with too much caution 5 for every thing relating to Salabat-zing and the French troops in his fervice feemed to have been ftudioufiy avoided. The court of directors had explained their whole plan to the prefidency of Madras ; but the Ihip which had the let¬ ters on board was unfortunately wrecked on a rock •about 800 miles eaft of the Cape of Good Hope.” The whole expedition was therefore laid afide, and the prefidency of Madras dire (fled all their force for the prefent againft Tulagee Angria, who had long been a formidable enemy to the Englifti commerce in thofe parts- .... sS The dominions of this pirate confifted of feveral Account of iflands near Bombay, and an extent of land on the the pirate continent about 180 miles in length, and from 30 totll!agee 60 in breadth. He pofftffed alfo leveral forts that had^1’6113’ been taken from the Europeans by his anceftors j the trade of piracy having, it feems, been hereditary in the family, and indeed followed by moft of the inhabitants of this coaft. This was the more dangerous for trading veffels, as the land breezes do not here extend more than 40 miles out at fea, fo that the fhips are obliged to keep within fight of land ; and there was not a creek, harbour, bay, or mouth of a river, along the whole coaft of his dominions, where Angria had not eredted fortifications, both as Rations of difcovery and places of refuge to his veffels. His fleet confifted of two kinds of veffels peculiar to this country, named grabs and gallivats. The former have generally two Defcrfpnon mafts, though fome have three ; the latter being about of his fleet. 30c tons burthen, and the former 150. They are built to draw little water, being very broad in propor¬ tion to their height ; but narrowing from the middle to the end, where, inftead of bows, they have a prow projecting like a Mediterranean galley, and covered W'ith a ftrong deck level with the main deck of the veffel, from which it is feparated by a bulk-head that terminates the forecaftle. As this con ft nidi on lub- jeCts the grab to pitch violently when failing againtt a head fea, the deck of the prow is not inclofed with Tides as the reft of the veffel, but remains bare, that the water which comes upon it may pafs off without interruption. Two pieces of cannon are mounted on the main deck under the forecaftle, carrying balls of nine or twelve pounds, which point forwards through port-holes cut in the bulk-head, and fire over the prow j thofe qf the broad-fide are from fix to nine pounders. The gallivats are large row-boats built like the grab, but fmaller, the largeft fcarce exceeding 70 tons bur¬ den. They have two mafts, the mizen flightly made, and the main-maft bearing one large and triangular fail. In general they are covered with a fpar deck made of fplit 6o Their man¬ ner of at¬ tacking ftiips. fit Unfuccefs- ful at¬ tempts to reeluce this pirate. 62 Succefs of Commo¬ dore James againlt his forts. INI) [ 200 j I N D fpiit bamboos, and carry only paterreroes fixed on fwi- vels in the gunnel of the veffel ^ but thofe of a larger fize have a fixed deck, on tvhich they mount fix or eight pieces of cannon from two to four pounders. They have 40 or 50 flout oars, by which they may be moved at the rate of four miles an hour. Angria had commonly a fleet of eight or ten grabs, with 40 or 50 gallivats •, which flipped their cables and put out to fea as foon as any veffel had the misfor¬ tune to come within fight of the port or bay where they lay. If the wind blew with any ftrength, their conftruclion enabled them to fvvim very fwiftly: but if it was calm, the gallivats rowed, and towed the grabs. As foon as they came within gunfliot of the enemy, they aflembled aftern, and the grabs began the attack, firing at firft only at the mafts, and choofing the mofl advantageous pofitions for this purpofe. It the veffel happened to be difmafted, they then drew nearer, and battered her on all fides till fhe ftruck ; but if the de* fence was obflinate, they fent a number of gallivats with 2bo or 300 foldiers in each, who boarded from all quarters fword in hand. This piratical ftate had for more than 50 years been formidable to all the nations in Europe 5 the Englifli Eafi India company had kept up a naval force for the protection of their trade at the rale of more than 50,000!. annually, and after all found it fcarcely ade¬ quate to the purpofe. An unfuecefsful attempt had been made in 1717, by the prefidency of Bombay, againfl the forts Geriah and Kennary, the principal ftrong holds of Angria.—^Another was made in 1722, under Admiral Matthews, againfl: a fort named Coila- bley, about x 5 leagues foutli of Bombay : but this alfo mifcarried through the cowardice and treachery of the Portuguefe, who pretendeid to aflifl the Englifli. In 1735 Fort Geriah was unfuccefsfully attacked by a Dutch armament of feven ftiips, two bomb-ketches, and a numerous body of land forces j while all this time the piracies of Angria went on fuccefsfully, and not only trading veffels, but even men of war belong¬ ing to different nations, were captured by him, parti¬ cularly in the month of February 1754, when three Dutch (hips of 50, 36, and 18 guns, were burnt or taken by the piratical fleet. This laft fuccefs encouraged Angria fo much, that he began to build veffels of a large fize, boafting that he ftiould be mafter of the Indian feas. The Mahrat- tas having implored the afliftance of the Englifli againfl: this common enemy, Commodore William James was fent from Bombay on the 22d of March 1755, with the Protector of 44, the Swallow of 16 guns, and two bomb-ketches ; but with inftruftions not to hazard the fleet by attacking any of the pirate’s forts, only to blockade the harbours, while the Mahratta army carried on their operations by land. He had fcarce begun his voyage \vhen he fell in with a confiderable fleet of the pirates, which he would certainly have taken, had it not been for the timidity and dilatory behaviour of his allies, who could not by any means be induced to ■follow him. They had, however, inverted three of the forts, but after a very ftrange manner 5 for they durft not approach nearer than two miles, and even there entrenched themfelves up to the chin, to be fe- cure againfl; the fire of the fort, which they returned only .with one four pounder. The commodore, pro- India. Voked at this pufillanimous behaviour, determined, for —"v— the honour of the Britilh arms, to exceed the orders he had got. Running within 100 yards of a fort named Severndroog, he in a few hours ruined the walls, and fet it on fire ; a powder magazine alfo blow¬ ing up, the people, to the number of about xcoo, abandoning the place, and embarking on board of eight large boats, attempted to make their efcape to another fort named Goa, but were all intercepted and made prifoners by the Englifli. The whole force of the at¬ tack being then turned upon Goa, a white flag was foon hung out as a fignal to furrender. The governor, however, did not think proper to wait the event of a capitulation, but without delay palled over to Severn- droog, W'here he hoped to be able to maintain his ground notwithftanding the ruinous ftate of the forti¬ fications. The fire was now renewed againfl: this for- trefsj and the feamen having cut a paflage through one of the gates with their axes, the garriion foon lurren- dered, at the fame time that two other forts befieged by the Mahrattas luing out flags of truce and capitu¬ lated : and thus were four of Aftgria’s forts, for fo many years deemed impregnable, fubdued in one day. Thefe fuceeffes were folhnved by the furrender of The pirate Bancoote, a ftrong fortified ifland, nowr called Fort fjI|aJ\Tub. ViBoria, and which the Englifli retained in poffeflxon j Aljmjr but the other forts w ere delivered up to the Mahrattas. vVatfon. On the arrival of Admiral Watfon in the beginning of November 1751;, it was determined to root out the pi¬ rate at once, by attacking Geriah the capital of his do¬ minions j but it was fo long fince any Englifhman had feen this place, and the reports of its ilrength had been fo much exaggerated, that it was thought proper to reconnoitre it before any attack was made. This was done by Commodore James •, who having reported that the fort, though ftrong, was far from being inacceffible or impregnable, it was refolved to profecute the en- terprife with the utmoft expedition and vigour. It was therefore attacked by fuch a formidable fleet, that Angria, lofing courage at their approach, fled to the Mahrattas, leaving Geriah to be defended by his bro¬ ther. The fort, however, was foon obliged to furren¬ der, with no more lofs on the part of the Euglifli than 19 men killed and wounded: but it was afterwards ac¬ knowledged, that this fuccefs was owing principally to the terror of the garrifon, occafioned by fuch a vio¬ lent cannonade; for their forlifications appeared to have been proof againft the utmoft efforts of an ene¬ my. All the ramparts of this fort wrere either cut out of the folid rock, or built of ftones at leaft ten feet long laid edgeways. In this fortrefs were found 200 pieces of brafs can¬ non, with fix brafs mortars, and a great quantity of ammunition and military ftores, befides money and effefts to the value of 125,0001. Angria’s fleet was entirely deftroyed, one of the (hips having been fet on fire by a (hell from the Englifli fleet, and the flames having fpread from thence to all the reft. About 2000 people were made prifoners ; among whom were the wife, children, mother, brother, and admiral of the pirate : but they were treated w ith the greateft cle¬ mency : and his family, at their own requert, continued under the protection of the Engliftx at Geriah. All India, 64 M. BuOy difniifTed by Salabat zing. 65 A detach¬ ment of Enajlidi troops or¬ dered againft M. Bufly, but counter¬ manded. 66 Surajah Dowla, na¬ bob of Ben- gal, anv enemy to the Eng¬ lish. I N D [ the other forts belonging to Angria foon fubmitted ; fo that his power on the coaft of Malabar was entirely an¬ nihilated. While the affairs of the Engliih went on thus fuc- cefsfully, M. Bufly had been conftantly employed near the perfon of Salabat-zing, whom he had ferved in much the fame manner that the Engliih had Moham¬ med Ali Cawn. As he made ufe of his influence with that prince, however, to enlarge the poffeflions of the French, and was continually making exorbitant de¬ mands upon him, the prime minifter of Salabat-zing at length reprefented to him the danger and fhame of al¬ lowing a fmall body of foreigners thus to give law to a great prince ■, and having formed a powerful com¬ bination againif the French, at laft obtained an order for their diftrriffion. M. Bufly took his leave without any marks of difguft, having under his command about 600 Europeans, with 5000 Sepoys, and a fine train of artillery. His enemies, however, had no mind to allow him to depart in fafety ; and therefore fent orders to all the polygars to oppoie their paiTage, fend ing 6000 Mahrattas after them to ha rats them on their march. Notwithftanding this oppofition, M. Buffy reached Hyderabad with very little lofs. Here he took pof- feffion of a garden formerly belonging to the kings of Golconda, where he refolved to keep his poll until fuccours ihould arrive from Pondicherry and Mafuli- patam. Here Salabat-zing propofed to attack him ; and the better to attain his purpofe, applied to the Engliih prelidency at Madras for a body of troops to affift him in this fervice. Nothing could be more agreeable to1 thefe who had the power at that place than fuch an invitation ; and a detachment of 400 Eu¬ ropeans and 1500 Sepoys was on the point of being ordered to the affiftance of Salabat-zing., when expreffes from Bengal informed them of the greateft danger that had ever threatened the Britifh fettlements in In- doftan. This danger arofe from the difpleafure of Surajah D owla the new nabob of Bengal. His grandfather Aliverdy Khan having died in April or May 1756, Surajah fucceeded to the nabobiliip of Bengal, Ba- har, and Orixa. He was congratulated on his aecef- lion by Mr Drake the EngTifh prefident at Calcutta, who requefted his favour and protection in behalf of his countrymen. This was readily promifed, even to a greater degree than what had been fhown by his grandfather j but in a fhort time his refentment was incurred by the imprifonment, as it is faid, of Omi- ehund, an eminent Gentoo merchant, 'who had lived feveral years under the protection of the Englifh go¬ vernment at Calcutta. Of this, however, Surajah Dowla did not direCtly complain •, but founded his pre¬ tence of war upon the conduCl of the Englifh in re¬ pairing the fortifications of Calcutta 5 which indeed was abfolutely neceffary on account of the great like¬ lihood of a war with the French. On this account, however, the nabob fignified his difpleafure, and threat¬ ened an attack if the works were not inftantly demolifh- ed. With this requifition the prefident and council pretended to comply ; but neverthelefs went on with their works, applying firfl. to the French and then to the Dutch for afliftance 5 but as neither of thefe nations VcxuXL Part L India; 201 ] I N D thought proper to interfere, the Englifh were obliged to hand alone in the quarrel. —— Surajah Dowla took the field on the 30th of May His{x7pe(};w 1756-, with an army of 40,000 foot, 30,000 horfe,tion agair,£ and 400 elephants ; and on the 2d of June detached Calcutta. 20,000 men to invert: the Englilh fort at Caffumbazar, a large town fituated on an ifland formed by the weft- ern branch of the Ganges. The fort was regularly built, with 60 cannon, and defended by 300 men, but principally Sepoys. The nabob pretending a defire to treat, Mr Watts the chief of the factory, was perfuaded to put himfelf in his power 3 which he had no fooner done, than he was made a dole prifoner, along with Mr Batfon a furgeon who accompanied him. The two prifoners were treated with great indignity, and threatened with death 3 but two of the council who had been fent for by the tyrant’s command were fent back again, with orders to perfuade the people of the faftory to furrender it at diferetion. i bis pro- pofal met with great oppefitien in the council 3 but was at laft complied with, though very little to th© advantage of the prifoners 3 for they were not only de- 1 prived of every thing they poffefled, but ftrigped al- moft naked, and fent to Hooghly, where they were clofely confined. The nabob,, encouraged by this fuccefs, marched direftly to Calcutta, which he inverted on the 15th. Though he now threatened to drive the Englilh en¬ tirely out of his dominions, yet he propofed an accom¬ modation with Mr Drake, provided he would pay him his duty upon the trade for 15 years, defray the ex- pences of his army, and deliver up the Indian mer- <33 chants who were in the fort. This being refufed, a Calcutta fiege commenced, and the place was taken in three taken> an<^ days, through the treachery of the Dutch guard * who had the charge of a gate. The nabob promifed ers on the word of a foldier, that no harm Ihould be done the cated. Englilh 3 neverthelefs they were fhut up in a prifon fo * See ftrait, that out of 146 all perilhed in a lingle night forcutta‘ want of air but 22. It was not, however, fuppofed that any maffacre at this time was intended 3 and it is pro¬ bable that he only gave orders to confine the prifoners clofely for the night, without taking into confideration whether the place they were confined in was large or fmall. The news of this difafter put an end to the expedi¬ tion projected againft M. Bully 3 and Colonel Clive tfp was inftantly difpatched to Bengal with 400 Euro-Espeditio®' peans and 1000 Sepoys, on board of the fleet com-ot,A^miraI manded by Admiral Watfon. They did not arrive till ^ the 15th of December, at a village called Fulia, fitua-ne] c];ve ted on a branch of the Ganges, where the inhabitants agatnft the of Calcutta had taken refuge after their misfortune, nabob. Their firft operations were againft the forts Bufbudgia, Tanna, Fort-William, and Calcutta, now in the hands of the enemy. All thefe were reduced almoft as loon as they could approach them. An expedition was then propofed againft Hooghly, a large town about 60 miles above Calcutta, and the place of rendezvous for all nations who traded to Bengal 3 its warehoufes and (hops being always filled with the richeft merchandife of the country. This was likewife eafily reduced 3 and the city was deftroyed, with the granaries and ftore- houfes of fait feated on each fide the river 3 which C c proved India. 70 him. , 71. War with the French. I N D [202 proved very detrimental to the nabob, as depriving him of the means of fubfxftence for his army. Surajah Dowla, enraged at this fuccefs of the Eng- lift, now feemed determined to crufh them at once by a general engagement. From this, however, he was intimidated by a fuccefsful attack on his camp, which foon induced him to conclude a treaty. This took place on the 9th of February 1757, on the following condi- Treaty con-tions. 1. That the privileges and immunities .granted chided with to the Englift by the king (Mogul) ftould not be dif- puted. 2. That all goods with Englift orders ftould pafs, by land or water, free of any tax, fee, or impofi- tion. 3. All the Company’s factories which had been feized by the nabob ftould be reftored j and the goods, money, and effe. how to put in execution the plan before agreed on in Calcutta, where a treaty was figned for this purpofe. In confequence of thefe deliberations, our troops croffed the river next night, and being ioined by Coflim and his party, furrounded the nabob’s palace. A letter from Mr Vanfittart was fent in to the nabob, demand¬ ing his compliance with what had been propofed to him. To this the nabob returned for anfwer, ‘ thaj: he India. never I N D t 207 ] I N D India, never expe&ed fuch ufage from the Englifh ; that while a force was at his gates, he would enter into no terms.’ A meffage was fent in, that if he did not direftly com¬ ply, they fnould be obliged to ftorm the palace. Ado- niihed and terrified at this menace, he opened the gates, exclaiming, that “ he was betrayed j that the Englilh were guilty of perjury and breach of faith 5 that he per¬ ceived their defigns againft his government; that he had friends enough to hazard at lead one battle in his defence : but although no oaths were facred enough to bind the Englidi, yet as he had fworn to be their faith¬ ful friend, he would never fwerve from his engagement, and rather fuffer death than draw his fword againd them.” So fufpicious was he of being fold, that he de- fired to know what fum of money Codim Ali Khan was to give for the fubahdiip, and he would give half as much more to be continued. He hoped, however, if they intended to dethrone him, that they would not leave him to the mercy of his fon-in-law, from whom he feared the word j but widied they would carry him from the city, and give him a place of fafety in Cal¬ cutta. “ This lad requed of the nabob was condrued in the light of a voluntary refignation. Our troops took pofleflion of the palace j Meer Cofiim was raifed to the mufnud } and the old nabob hurried into a boat with a few of his domedics and neceffaries, and fent away to Calcutta in a manner wholly unworthy of the high rank he fo lately held, as was alfo the fcanty fub- fidence allowred him for his maintenance at Calcutta by his fon-in-law. Thus w'as Jaffier Ali Khan depofed, in breach of a treaty founded on the mod folemn oaths, and in violation of the national faith.” According to this account, the ferrants of the com¬ pany, who were the projeftors of the revolution, made no fecret that there was a prefent promifed them of 20 lacks of rupees from Coflim, wiio was defirous of mak¬ ing the fird aft of his power the afladination of Jaf¬ fier, and was very much difpleafed wdien he found that the Englilh intended giving him proteftion at Cal¬ cutta. It could fcarce be fuppofed that Meer Coflim, raifed to the naboblhip in the manner vre have related, could be more faithful to the Englilh than Meer Jaffier had been. Nothing advantageous to the interefls of the company could indeed be reafonably expefted from fuch a revolution. No fucceflbr of Meer Jaffier could be more entirely in fubjeftion than the late nabob, from his natural imbecility, had been. This lad conlide- ration had induced many of the council at fird to op- pofe the revolution •, and indeed the only plaufible pre¬ tence for it was, that the adminidration of Meer Jaffier was fo very weak, that, unlefs he was aided and even controuled by feme perfons of ability, he himfelf mud 91 foon be ruined, and very probably the intereds of the Cm^chemescomPany a^or'§ whh him. Meer Coffim, however, was againft the a man a Vf'ry different difpofition from his father-in- finglift. law. As he knew that he had not been ferved by the Englilh out of friendlhip, fo he did not think of mak¬ ing any return of gratitude 5 but indead of this, confi- dered only how he could mod eafily get rid of fuch troublefome allies. For a while, however, it w'as ne- ceffary for him to diffemble, and to take all the advan¬ tage he could of the power of his allies whilfl it could be ferviceable to him. By their affidance he cleared his dominions of invaders, and drengthened his fron¬ tiers agaiad them j he reduced, by means of the fame India, affidance, the rajahs or independent Indian chiefs who '“-'h had rebelled in the time of his predeceflbr, obliging them to pay the ufual tribute ; by which means he re¬ paired his finances, and thereby fecured the difeipline and fidelity of his troops. Having thus, by the affifl- ance of the Englith forces, brought his government into fubjeftion, he took the mod effeftual means of fccuring himfelf againd their po*er. As the vicinity of his ca¬ pital, Muxadabad, to Calcutta, gave the Englilh fac¬ tory there an opportunity of infpefting his aftions, and interrupting his defigns when they thought proper, he took up his refidence at Mongheer, a place 200 miles farther up the Ganges, which he fortified in the bed and mod expeditious manner he could. Being very fenfible of the advantages of the European difeipline, he refoi- ved to form his army on a new model. For this pur-» pofe he collefted all the Armenian, Perfian, Tartar, and other foldiers of fortune, whofe military charafters he fuppofed might ferve to raife the fpirits of his Indian forces, and abate their natural timidity. He alfo care¬ fully collefted every wandering European who had borne arms, all the Sepoys wrho had been difmiffed from the Engliffi fervice, didributing them among his troops, in order to teach them the Engliffi exercife. He chan¬ ged the faffiion of the Indian mulkets from matchlocks to firelocks j and as their cannon were almod as defi¬ cient as their fmall arms, he procured a pattern of one from the Engliffi, by which he foon formed a train of artillery ; and having thus done every thing in his power to enable himfelf to withdand the Engliffi by force of arms, he fefolved alfo to free his court from their emiffaries, by imprifoning or putting to death every perfon of any confequence in his dominions who had fliown any attachment to their interefl. His next dep was to free himfelf from fome of thofe redraints which his predeceffor Meer Jaffier, and even he himfelf, had been obliged to lay upon the trade of the country, in order to gratify the avarice of his Eu¬ ropean allies. At his acceffion indeed he had ceded to the company a traft of land worth no lefs than 700,000!. annually, befides 70,000!. a-year on other accounts. All this, however, was not fufficient j the immunities granted them in trade were of dill worfe confequences than even thofe vad conceffions. He knew by experience the didrefs which thefe immuni¬ ties had brought upon his predeceffor, and therefore 9S determined to put an end to them. In purfuance ofHe lays this refolution, he began, in the year 1762, every-0,1 where to fubjeft the Engliffi traders to the payment^ of certain duties throughout his dominions, and re¬ quired that their difputes, if beyond the limits of their own jurifdiftion, fliould be decided by his magidrates. This gave fuch an alarm at Calcutta, that, in Novem¬ ber 1762, the governor Mr Vanlittart waited on him in perfon at Mongheer, in order to expodulate with him upon the fubjeft. The nabob anfwered his re- mondrances in the following manner. “ If (faid he) the fervants of the Englilh company were permitted to trade in all parts, and in all commodities, cudorn free, as many of them now pretend, they mult of courfe draw all the trade into their own hands, and my cudoms would be of fo little value, that it would be much more for my interefl to lay trade entirely open, and colleft no cudoms from any perfon whatever upon any I N D | Ityiia. ar)y kincl 0f merchandife. This would draw a number v of merchants into the country, and increafe my reve¬ nues by encouraging the cultivation and manufadlure of a large quantity of goods for fale, at the fame time that it would effectually cut off the principal fubjeCt of difputes which had difturbed the good underitanding between us, an objeft which I have more than any other at heart.” By thefe intimations Mr Vanfittart was very much difconcerted ; nor indeed was it in any perfon’s power to devife a plaufible anfwer. What the nabob had threatened was evidently in his power } and though he , had laid the trade entirely open, no reafonable fault could have been found with him. The proceeding, however, tended evidently to deflroy the private trade carried on by the gentlemen of the faClory ; and even 93 to prejudice, as. they faid, that of the company itfelf. A new a- Mr Vanfittart therefore thought proper to fubrnit to greeinent certain regulations, by which the trade of the Englifh witn VFr was Put unc*er certain reunctions. Vanfittart, This new agreement being inffantly put in execu- and dif- tion on the part of the nabob, excited the utmoft in- owned by dignation at Calcutta. On the 17th of January 1763, c-‘je coun“ the council paffed a refolution, difavowing the treaty made by the governor, and affirmed that he affumed a right to which he was by no means authorized ; that the regulations propofed were diffionourable to them as Englifhmen, and tended to the ruin of all public and private trade •, and that the prefident’s iffuing out re¬ gulations independent of the council was an abfolute breach of their privileges. They fent orders therefore to all the factories, that no part of the agreement be¬ tween the governor and nabob Ihould be fubmitted to. Application was again made to Meer Coffim to per- fuade him to a third agreement ; but before the fue- cefs of this negociation could be known, hoftilities 94 commenced on the part of the Englifh. The city of There was at that time in the city of Patna (fitua- Patna ta- ted on the Ganges, about 300 miles above Calcutta), Erl' liff/but3 f°r^^ed factory belonging to the Eail India com- im ediate Pan7» where were a few European and Indian foldiers. ly after re- By this faflory the city was fuddenly attacked on the taken. 25th of June 1763, and inftantly taken, though it was defended by a itrong garrifon, and the fortifica¬ tions had been newly repaired. The governor and garrifon fled out into the country on the fir ft appear¬ ance of danger ; but perceiving that the viftors took no care to prevent a furprife, he fuddenly returned with a reinfoi^ement from the country, retook the city, and either cut in pieces or drove into their fort all the Englifh who were in it, after having been only four hours in poffeflion of the place. The Engliffi, difheartened by this difafter, did not now think them- felves able to defend their fort againft the Indians 5 for which reafon they left it, with a defign to retreat into the territories of a neighbouring nabob ^ but being purfued by a fuperior force, they were all either killed 93 or taken. Maffacre This piece of perfidy, for fuch it certainly was, the Pn^rft: nabob repaid by another, viz. flaughtering the depu- fcutfes Ce"Pes wh° had been fent him by the council of Calcut¬ ta to treat about a new agreement with regard to com¬ mercial affairs. They fet out from Mongheer on the 24th of June, having been unable to bring Meer Coffim to any terms; and though he furnifhed them with the I N D ufual paffports, yet, as they were faffing the city India, of Muxadabad, they found themfelves attacked by a number of troops affembled for that purpofe on both fides of the river, whofe fire killed feveral gentlemen in the boats. Mr Amyatt, the chief of the embaffy, landed with a few Sepoys, whom he forbade to fire, and endeavoured to make the enemy’s troops underftand that he was furniffied with the nabob’s paffports, and had no defign of committing any hoftilities > but the enemy’s horfe advancing, fome of the Sepoys fired not- withftanding Mr Amyatt’s orders to the contrary. On this a general confufion enfued, and Mr Amyatt, with moft of the fmall party who attended him, were cut in pieces. Thefe a£ls of treacherous hoftility were foon follow-Meer jaf*. ed by a formal declaration of war. Meer Jaffier, not-^er ai.a'n withftanding the crimes formerly alleged againft him,^^me was proclaimed nabob of Bengal, and the army im- 97 mediately took the field under the command of Major Major Adams. The whole force, however, at firlt confifted '^ai^s only of one regiment of the king’s troops, a few of the ’ company’s, twro troops of European cavalry, ten com-]yicer c0£„ panics of Sepoys, and 12 pieces of canon. Thefe very fim. foon came to action with the enemy 5 and having got the better in two fkirmilhes, cleared the country of them as far as Caffimbuzar river, a branch of the Ganges, which lay between Calcutta and Muxadabad, or Moorfhedabad, the capital of the province. This war was now carried on with uninterrupted fuccefs on the part of the Englifli ; nor does it appear that all the pains taken by Meer Ccffim to discipline his troops had made them in the leaft more able to cope with the Europeans. The Englifli were fuffered to pafs the river without oppofition j but an army of 10,000 Indians were advantageoully pofted between 93 the river and the city. Thefe were entirely defeated, The In- and Major Adams pufhed on diredfly for the capital.diarscte*- In his w:ay he found the Indians again ftrongly pofted feilte(^ with intrenchments 15 feet high, and defended by a numerous artillery. This ftrong poll was taken by ftratagem ; a feint being made with a fmall body of troops againft that part where the enemy had colletted their greateft ftrength. Thus the attention of the enemy was drawn entirely to that place, without re¬ garding others where no attack w as apprehended. The greateft part of the Engliffi army, however, had in the night-time marched round the Indian fortification, and by day-break made a furious affault on a place where there was only a flight guard. Thefe inftantly fied y the intrenchm< nts were abandoned j and the city, which was protected only by them, fell of ceurfe into the hands of the conquerors. This fuccefs of the Englifh ferved only to make them redouble their diligence. They now penetrated into the heart of the province, croffed the numerous branches- of the Ganges, and traverfed moraffes and forefts in queft of their enemy. Meer Coffim, on the other band, was not wanting in his defence ; but the utmott efforts he could ufe were totally infufficient to flop the career of an enemy fo powerful and now fluffed with vidory. 99 The two armies met on the banks of a river called Nu- Meer Cof- nas Ntt//as, on the 2d of Auguft 1763. The Indians had chofen their poll with great judgment, and had ^ much more the appearance of an European army than Tfuilas. ever was obferved before, not only in their arms and [ 208 ] I N D India, and accoutrements, but in their dividon into brigades, ■‘'V’”""' and even in their clothing. The battle was much more obftinate than ufual, being continued for four- hours; but though the Indian army confided of no fewer than 20,000 horfe, and 80O0 foot, the Eng- lifii proved in the end vi&orious, and the enemy were obliged to quit the field with the lofs of all their can¬ non. From this time the Indians did not attempt any re¬ gular engagement with the Englifii, They made a iland indeed at a place called Auda Nulla, which they had fortified in fuch a manner that it feemed proof againft any hidden attack. But here alio they fullered them- felves to be deceived in a manner fimilar to that above mentioned, and the place was taken with great llaugh ter. They now abandoned a vaft tract of country ; and though there were feveral very defenfible polls one be¬ hind another, fo much were they difheartened by this misfortune, that they never attempted to itop the pro- grefs of the Englilh, but laid open the whole country t00 to the very gates of Mongheer. Mongheer The next operation w-as the liege of Mongheer it- taken. felf; which notwithstanding all the pains Meer Coflim had been at to fortify it, held out no more than nine days after the trenches were opened ; fo that nothing now remained to complete the conqueft of Bengal but I0I the reduction of the city of Patna. The unfortunate Inhuman Meer Cofifim, in the mean time, enraged at the irre- murder of fiilible progrefs of the Englilh, vented his rage on the the Enghfh unhappy prifoners taken at Patna j all of whom, to the p”,°°er!> at number of about 200, he caufed to be inhumanly mur¬ dered. This villany was perpetrated by one Somers, a German, who had originally been in the French fer- vice, but defer ted from them to the Englilh Ealt In¬ dia company, and from the company to Meer Coffim. This atTaffin, by the Indians called Soomeroo, having in¬ vited the Englilh gentlemen to fup with him, took the opportunity of borrowing their knives and forks, on pretence of entertaining them after the Englith manner. At night, when he arrived, he flood at fwme dirtance in the cook-room to give his orders-, and as loon as the two firft gentlemen, Mr Ellis and Lulhington, entered, the former was feized by the hair, his head pulled backward, and his throat cut by another. On this Mr Lulhington knocked down the murderer with his lift, feized his fword, wounded one and killed two before he himfelf was cut down. The other gentlemen being now a- larmed, d-fended themfelves, and even repulfed the Se¬ poys with plates and bottles. Somers then ordered them on the top of the houfe to fire down on the pri¬ foners ; which they obeyed w-ith reluctance, alleging that they could not think of murdering them in that manner, but if he would give the prifoners arms, they would fight them ; on which he knocked feveral of them down with bamboes. The confequence was, that all the gentlemen were either Ihot or had their throats cut. Dr Fullarton was the only perfon who efcaped, having received a pardon from the tyrant a few- days before the mafiacre. This inhumanity was far from being of any fervice to the caufe of Meer Coflim, Major Adams marched without delay from Mongheer to Patna ; and as the place was but indilferently fortified, it could make but a feeble refiftance. The cannon of the Englilh foon made a pra&icable breach, and in no longer time than Vol. XL Part I. I N D eight days this great city was taken by ftorm. Thus India, the nabob was deprived of all his fortined places, his army reduced to a fmall body, and himfell obliged to na ta_ 'fly to Sujah Dowla nabob of Oude, w ho aflcd as l et', und grand vizier to the Mogul. Here he was kindlv re- em a en- ceived, and an afylum promifed for his perfon, but ad 1 1 ^ r mittance was refuted to his army, nor would this pr nce Ln confent at any rate to make’his country a feat of war. ’ The Englilh were now emire mailers of Bengal -, tor though Meer Jaffier was proclaimed nabob, ii is not to be fuppofed that he had now any authority farther than what they pleated to give him. Majoi Adams did not long furvive the conqueft. of Patna, which was taken on the 6ih of November 1763 ; he died in the month of March 1764. Meer Coffim being thus driven out, an agent wras fent from Calcutta to Sujah Dowla, propofing an alliance with him and the Mogul, who was along with him, io^ and offering to affiit them againft Meer Ceffirn or anyAH;ance other enemy w ho Ihould attempt an invalion of their noeof d dominions ; in return for which, it was expefted that'tvit**^ujah they Ihould declare themfelves open enemies to Mter Cofljm, and ufe their utmoft endeavours to leize and deliver him up with all his effedfs. This delign was communicated to Major Adams or, the Sfh of Decem¬ ber 1763 ; but as he was next day to refign the com¬ mand of the army, Major Carnac was defired to take the command upon him, and to watch the mo:ions of Meer Coflim, as well as to guard the dominions of Meer .Taflier againft any hoftilities which might be attempt¬ ed. It was alio relolved, that in cafe Meer Coflim Ihould prevail upon he Mogul and Sujah Dowla to affill him, Major Carnac was delired to advance to the banks of the river Carumnaffa, and there oppole, the entrance of any hoftile army. It foon appeared that the friendlhip of the Enpdifli was not what Sujah Dowla defired. He confidered them as rapacious ufurpers, who having got a foot¬ ing in the country under pretence of commerce, could be fatisfied with nothing lefs than the entire pofle . on 70^ of it, to the ruin of the natural inhabitants. In the Prc.pofed beginning of February 1764, therefore, it was kn Defeats the Indians at Buxard. 107 Is repuifed at Chanda Cieer. IN I) [21 fince you arc continually fending frefh people from Calcutta, and invading different parts of the royal do¬ minions j to what can all thofe wrong proceedings be attributed, but to an abfolute difregard to the court, and a wicked defign of feizxng the country to your- feives ? If thefe difturbances have arifen from your own improper defires, defift from fuch behaviour in fu¬ ture j interfere not in the affairs of government 5 with¬ draw your people from every part, and fend them to their own country j carry on the company’s trade as formerly, and confine yourfelves to commercial affairs,” &c. Another letter, much to the fame purpofe, was fent to Major Carnac 5 but the prefldent and council of Calcutta, inftead of paying any regard to the remon- ftrances of the nabob, determined to commence an im¬ mediate and offenfive war againfl him. Notwithftanding this refolution, feveral difficulties occurred in carrying on a war at this time. The prin¬ cipal were the death of Major Adams, whofe name had become formidable to the Indians, and the mutinous difpofition of the army. The former was obviated by the appointment of Colonel Hector Munro, who, in military fkill, appeared nothing inferior to his prede- ceffor j and t the mutinous difpofition of the foldiery was got the better of by a moil fevere example of the mutineers, 24 of whom were blown away from the mouths of cannon. Hoftilities were commenced on the part of Meer Cofiim, who cut off a fmall party of Englifh troops, and fent their heads to the Mogul and Sujah Dowla. An army of 50,000 men was col¬ lected, with a molt formidable train of artillery, fuch as might be fuppofed to follow an European army of equal numbers. This prodigious armament feems to have effaced all the caution of Meer Coffim j for though he had formerly experienced the bad effects of enga¬ ging the Englifh in'a pitched battle, yet he now thought proper to try his fortune a fecond time in the fame way. The two armies met on the 22d of OClober 1764, at a place called Buxard, on the river Carum- naffa, about 1.00 miles above the city of Patna. The event was fimilar to, that of other engagements with the Englifh, to whom it never was poffible for any advantages either in fituation or number to make the Indians equal. The allied army was defeated with the lofs of 6000 killed on the fpot, 130 pieces of can¬ non, a proportionable quantity of military ftores,, and all their tents ready pitched j while, on the fide of the conquerors, only 32 Europeans and 239 Indians were killed, and 57 Europeans and 473 Indians wounded. The only place of ftrength now belonging to the allies on this fide the river was a fort named Chanda Geer. The reduftion of this place, however, might well have been deemed impraCficable, as it flood on the top of a high hill, or rather rock, fituated on the very brink of the Ganges, by which it could be conftantly fupplied with provifions; and as to military flores, it could not fland in need of any as long as ftones could be found to pour down on the affailants. Notwith- flanding all thofe difficulties, however, Colonel Munro caufed his foldiers advance to the attack ; but they were received with fueh volleys of ftones, which the Indians threw both with hands and feet, that they were repuifed in a very fhort time j and though the attack was renewed the next day, it was attended with no bet- I ] I N D ter fuccefs; on which the Engiifn commander encamped Indi?.. with his army under the walls of Benares. —y—j Soon after this, Colonel Munro being recalled, the command of the army devolved on Sir Robert Fletcher, a major in the company’s troops. The nabob, in the mean time, inftead of attacking the Englilh army at once, contented himfelf with fending out parties of light horfe to fkirmifh with their advanced pofts, while the main body lay at the diftance of about 15 miles from Benares, which rendered it very dangerous for them to move from their place. On the 14th of January 1765, however, Sir Robert ventured at mid¬ night to break up his camp under the walls of Benares, and to march off towards the enemy, leaving a party to protect that place againft any attempt during his abfence. In three days he came up with the main loJ body of Indians, who retreated before him ; on which Chanda he refolved to make another attempt on Chanda Geer, Geer takew before 'which the late commander had been foiled. Sir His fuccefs would in all probability have been no bet-j^.^eU ter than that of his predeceflor, had not the garrifon mutinied for want of pay, and obliged the commander to furrender the place. The redudtion of Chanda Geer was followed by that of Eliabad, the capital of the enemy’s country, a large city on the Ganges, between 60 and 70 miles above Chanda Geer, defended by thick and high walls and a ftrong fort j foon after which Sir Robert was fuperfeded in the command of the army by Major Carnac. Sujah Dowla in the mean time had been Sujah Dow- abandoned by the Mogul, who concluded a treaty la afiiftcd with the Engliffi foon after the battle of Buxard. Heby tbe did not, however, give himfelf up to defpair, but ga_ Mahrattas* thered together, with great afliduity, the remains of his routed armies j and feeing that his own territories could not fupply him with the requifite number of troops, he now applied to the Mahrattas for afliftance. But thefe people, though very formidable to the other nations of Indoftan, were far from being able to cope with the Engliffi. On the 20th of May 1765, Gene-WhgIa®s ral Carnac having aflembled his troops, marched im-defeated, mediately to attack them j and having gained a com-and Sujali plete victory at a place called Ca/pi, obliged them to D°wla retreat with precipitation acrofs the Yumna into theirlubm!tSj own country. Sujah Dowla, now deftitute of every refource, de¬ termined to throw himfelf on the clemency of the Englilh. Previous to this, however, he allowed Meer Coflim and the affaflin Somers to efcape j nor could any confideration ever prevail upon him to deliver them up. Three days after the battle of Calpi, the nabob furrendered himfelf to General Carnac, without ftipu- lating any thing in his own favour, farther than that he fhould await the determination of Lord Clive con¬ cerning him.. ITr In the beginning of February this year died Meer Young na«- Jaffier Ali Cawn, nominal nabob of Bengal. Tbebob °f ^en<' fuccefiion was difputed betwixt his eldeft furviving Najem il Doula, a youth of about 18 years of age, and£ngi^ a grandfon by his eldeft fon Miran, at that time only feven years old. As the Englifti were in reality abfo¬ lute fovereigns of the country, it was debated in the council of Calcutta whether Meer Jaffier’s fon fhould be allowed to fucceed, according to the cuffom of the country. I N D [ 21 India, country, or the grandfon, according to the Engliih '' cuftom. The point being carried in favour of Najem, it was next debated on what terms he thould be ad¬ mitted to the fucceffion. The late nabob, among other impofitions, had obliged himfelf to fupport an army of j 2,oco horfe and as many foot. It was alleged on this occafion, that ho had not fulfilled his engagement j that he had difbanded moft of the troops ; that at belt they were but an ufelefs bur¬ den, having never anfwered any purpofe in real fer- vige, for which reafon the company had been obliged to augment their military eftablithment: it was there¬ fore now judged expedient that the nabob ihould fettle a fum, upwards of 8oo,oool. annually, on the com¬ pany, to be paid out of the treafury : that he Ihould alfo difcard his prime minifter and great favourite Nuncomar, and receive in his place a perfon appointed by the council, who was to aft in the double capacity of minifter and governor to aflift and inftruft him. The council were alfo to have a negative upon the no¬ mination of all the fuperintendants and principal of¬ ficers employed in collefting or receiving of the re¬ venues ; that he ihould take their advice, and have their confent to fuch nominations whenever they thought proper to interfere in them. He was alfo to receive their complaints, and pay a due attention to them upon the mifbehaviour of any of the officers who either were ap¬ pointed already or Ihould be in time to come. With thefe extravagant requifitions the young na¬ bob was obliged to comply, though he had difcern- ment enough to perceive that he was now an abfolute Have to the council at Calcutta. Though obliged by treaty to difmifs Nuncomar from the office of prime minifter, he ftill continued to ffiow him the fame favour, until at laft he was charged with carrying on atreafon- able correfpondence with Sujah Dowla, for which the nabob was enjoined to fend him to Calcutta to take his trial. The unfortunate prince ufed every method to deliver his favourite from the impending danger, but to no purpofe : he was obliged to fubmit to the mortification of having all his offers with regard to his releafe rejefted, though the committee at Calcutta af¬ terwards thought proper to fet him at liberty without any trial. Thefe extraordinary powers, exerted in fuch a def- potic manner by the council of Calcutta for fuch a length of time, could not but at laft induce their fupe- riors to circumfcribe them in fome degree, by appoint¬ ing others who fhould aft independently even of this council, and who might be fuppofed to be aftuated by more upright and honourable principles than had hi¬ therto appeared in their conduft. The great charafter which Lord Clive had already gained in the eaft, juftly n2 marked him out as a proper perfon for adjufting the lord Clive affairs of Bengal. On the 3d of May 1 765 he arrived arrives in in t|ie powers as commander in chief, with un- Prehdent, and governor of Bengal. An unlimited power limited was committed to a feleft committee, confifting powers. of his lordfhip and four gentlemen, to aft and deter¬ mine every thing themfelves, without dependence on the council. It was, however, recommended in their in- ftruftions, to confult the council in general as often as it could be done conveniently ; but the foie power of determining in all cafes was left with them, until the troubles of Bengal ftiould be entirely ended. By thefe i ] I M D gentlemen a plan of reformation was inftantly Tet about; India, by which, however, violent difputes were occafioned : v'^r‘J but the committee, difregarding thefe impotent efforts, exerted their authority to the full extent, fcldom even acquainting the council with their tranfaftions, and never allowing them to give their opinion on any oc¬ cafion. IT? On taking the affairs of Bengal into thorough con-gujahDow. fideration, Lord Clive found that the fuccefs of the la rettored, Britiffi arms could be produftive of nothing but wars} that to ruin Sujah Dowla was to break down the ftrongeft barrier which the Bengal provinces could have againft the incurfions of the Mahrattas and other barbarous people to the weftward, who had long defola- ted the northern provinces j and the Mogul, with whom the company had concluded a treaty, was utterly unable to fupport himfelf, and w-ould require the whole Engliffi power in the eaft to fecure him in his dignity. His lordffiip therefore found it neceffary to conclude a It^ treaty with Sujah Dowla. The Mogul was fatisfied Affairs of by obtaining a more ample revenue than he had for Bengal fet- fome time enjoyed 5 by which means he might be ena-^^L- bled to march an army to Delhi to take pofieffion of 01 his empire. For the company his lordlhip obtained the office of duan or colleftor of revenues for the province of Bengal and its dependencies. Thus Sujah Dowla was again put in pofleffion of his dominions, excepting a fmall territory which was referved to the Mogul, and eftimated at 20 lacks of rupees, or 250,000!. annually. The company were to pay 26 lacks of rupees, amounting to 325,000!. fterling. They engaged alfo to pay to the nabob of Bengal an annual fum of 53 lacks, or 662,500!. for the expences of government, and the fupport of his dignity. The remainder of the revenues of Bengal were allotted to the company, who on their part guaranteed the terri¬ tories at that time in poffeffion of Sujah Dowla and the Mogul. Thus the Eaft India company acquired the fove- reignty of a territory equal in extent to the moft flou- riffiing kingdom in Europe. By all this, howrever, they were fo far from being enriched, that the diforder of their affairs attrafted the attention of government, and gave the Britifh miniffry an opportunity at laft of de¬ priving them of their territorial pofleffions, and fub- jefting the province of Bengal to the authority of the crown *. New misfortunes alfo fpeedily occurred, and #See T.ajl the company found a moft formidable enemy in Hyder India Com* Aly, or Hyder Naig. This man, from the rank of at'any- common Sepoy, had raifed himfelf to be one cf the^yar.^tv moft confiderable princes in the empire of Indoftan. Hyder Aly, Being fenfible that the power of the Englifh was an in- fuperable bar to his ambitious defigns, he praftifed on the nizam of the Deccan, and partly by promifes, part¬ ly by threats, engaged him to renounce his alliance with the company, and even to enter into a war againft them. As he had been at great pains to introduce the European difeipline among his troops, and had many renegadoes in his fervice, he imagined, that with the advantage of numbers he ffiould certainly be able to cope with his antagonifts in the open field. In this, tje ;s (}e„ however, he was deceived ; for pn the 26th of Sep-feated by tember 1767, his army was entirely defeated by Colo-Colonel nel Smith at a place called Errour near Trinoinallee •santL after which the nizam thought it adviiable to defert his D d 3 new I N D Jnftia. new ally, and conclude another treaty with the Englith. y-i.» jrrorii the latter, however, he did not obtain peace but at the expence of ceding to them the duanny of the Balegat Carnatic, which includes the dominions of Hyder Aly and tome petty princes. Hyder, thus deierted by his ally, transferred the feat of war to a mountainous country, where, during the year 1767, nothing decifive could be effected-, while the Indian cavalry was fometimes enabled to cut off the fupplies, and interrupt the communications of their antagonifts. During thefe operations fome {hips were fitted out at Bombay, which conveyed 400 European foldiers, and about 8oo Sepoys, to attack Mangalore, one of Hyder Aly’s principal fea-ports, where all his fliipK lay. This enterprife proved fuccefsful, and nine ftrps were brought away ; but too fmall a garrifon ha¬ ving been left in the place, it was almoft immediately after retaken, and all who were in it made prifoners 117 by Hyder Aly. BerHne of ]n the mean time, an injudicious meafure, adopted lili Affairs ^ the Englifh in their method of managing the army, wit;: the ’ proved not only of the utmoft detriment to their caufe, caufe of but occafioned difgraces hitherto unheard of in the their bad hifiory of the nation, viz. the defertion of officers from iucccfs. ferv;ce 0f Britain to that of a barbarous prince, and the giving up of forts in fuch a lhameful manner as could not but fuggeft a fufpicion that they had been betrayed.—The original caufe of all this mifehief was the appointment of field deputies to attend the army, and to controul and fuperintend the conduct of the com¬ mander in chief-, and thefe, in the prefent inftance, being deeply concerned in the contracts for the army, took care to regulate its motions in fuch a manner as beft fuited their private intereft or convenience. Hy¬ der Aly did not fail to improve the errors confequent upon this kind of management to h*s own advantage. General Smith had penetrated far into his country, ta¬ ken feveral of his fortreffes, and was in a fair way of becoming mailer of his capital, when all his operations were checked at once by the field deputies. His anta- gonift being thus allowed fome refpite, fuddenly enter¬ ed the Carnatic with a numerous army of horfe, rava¬ ging and deftroying every thing at pleafure. Thus the Engliffi were obliged to relinquifh all their con- quefts in order to defend their ownterritories; while this reverfe of fortune not only dii'couraged the allies of the Englifh, but even produced in them an inclination to defert their caufe, and go over to Hyder Aly, while thofe who remained faithful paid dearly for their at¬ tachment. The nabob of Arcot, the mofl faithful ally the Englifh ever had, fuffered extremely on this occafion. Hyder Aly had long entertained a violent enmity a- gainft this prince, moil probably on account of his in¬ violable attachment to the Engliffi. His dominions were therefore ravaged without mercy; and, thus while Hyder gratified his perfonal refentment againft him, he cut off from the Engliffi one of the principal re~ fources they had for carrying on the war. On the return of the company’s forces to the de¬ fence of the Carnatic, they found themfelves very little able to cope with their adverfary; for, befides the continuance of the fame caufes which had formerly contributed to their want of fuccefs, they had been very much weakened in their expedition. Hyder Aly had alfo the prudence to avoid a general engagement, ‘ 3 I N D but frequently Intercepted the convoys of the Englifh, India, cut off their detached parties, and wearied them out with long and continual marches. The news of his fuccefs againft an enemy hitherto invincible by all the powers of India, fo railed his reputation, that ad¬ venturers flocked to him from all parts; by which means his cavalry were foon increafed to upwards of 90,000 ; to which, however, his infantry bore no pro¬ portion. Notwithftanding all this fuccefs, it appears that the forces of Hyder Aly were altogether unable to cope with thofe of Britain, even when there was the great- eft imaginable difparity of numbers. A detachment of the company’s forces had made an affault upon a fort called Mulwaggle, in which they were repulfed with fome lofs. This, with the fmall number of the de¬ tachment, encouraged Hyder Aly to march at the head of a great part of his army to the proteftion of the fort. The commanding officer, however, Colonel Wood, did not hefitate, with only 460 Europeans and 2300 Sepoys, to attack his army, confifting of 14,000 horfe' 12,000 men armed with matchlock guns, and fix battalions of Sepoys. The engagement lafted fix Jl$ hours; when at laft Hyder Aly, notwithftanding his Hyder Aly numbers, was obliged to i-etreat, leaving the field co-deteated by Vered with dead bodies ; the lofs of the Britifti being ^ori^ upwards of 300 killed and woundted. This engage¬ ment, however, was attended with no confequences affedfting the war in general, which went on for fome time in the fame manner, and greatly to the difadvan- tage of the company. The divifions and difeontents among the officers and council daily increafed, the fol¬ diers deferted, and every thing went to ruin. The re¬ venues of the eftablifhment of Madras being at laft un¬ equal to the expences of the war, large remittances were made from Bengal to anfwer that purpofe; and as thefe were made in a kind of bafe gold coin, the company is laid by that means alone to have loft 40,000!. in the difference of exchange only. At laft Hyder Aly hav¬ ing given the Engliffi army the flip, fuddenly appeared within a few miles of Madras ; which occafioned fuch an alarm, that the prefidency there were induced to en¬ ter into a negociation with him. The Indian prince, on his part, was very ready to hearken to propofals of peace upon any reafonable terms. An offenfive and ^ defenfive treaty was therefore concluded on the 3d of conc[uc;e(j April 1769, on the fimple condition that the forts and with him. places taken on both fides ftiould be reftored, and each party fit down contented with their own expences. I20 By this treaty it was particularly ftipulated, that in Broken by cafe of either party being attacked by their enemies, the Eng lift* the other fhould give them affiftance ; and in this cafe even the number of troops to be fupplied by each was fpecified. It foon after appeared, however, that the prefidency of Madras were refolved to pay very little regard to their engagements. Hyder Aly having in a little time been involved in a war with the Mahrattas, applied for affiftance, according to agreement ; but was refufed by the prefidency, who pretended to fear a quarrel with the Mahrattas themfelves. As the latter are a very powerful and warlike nation, Hyder Aly found himfelf overmatched, and therefore applied feve¬ ral times to the Englifh for the affiftance he had a right to expeft ; but was conftantly refufed on various pre¬ tences: which convinced him at laft that he could place na» [ 212 ] g t*i 21 India. m War be 1 N D [ no dependence on the friendihip of the Engliih, and filled him with an implacable hatred againft them. As foon, therefore, as he could make up his differences with the Mahrattas, he refolved to recover his Ioffes, and revenge himfelf on thofe faithlefs allies. With this view he applied himfelf to their rivals the French ; whom no Indian nation ever found backward in fupply- ing them with the means of defence againft the Englifti. By their means he obtained military ftores in the great- eft abundance, a number of experienced officers and foldiers 5 and the European difcipline was brought to much greater perfe&ion than even he himfelf had ever been able to bring it before this period, ihus, in a fhort time, imagining himfelf a match for the Mah¬ rattas, he renewed the war •, and gained fuch decifive advantages, as quickly obliged them to conclude an advantageous treaty vrtth him. It now appeared that the Englifti, notwithftanding tween the their pretended ill-will to quarrel with the Mahrattas, dglifli aftd not t]ie ieaft hefitation at doing fo when their in- lahrattas. tereq. was conCerned. In order to underftand the fub- fequent tranfaftions, however, we mutt obferve, that the Mahrattas, like other nations of Indoftan, were originally governed by princes called rajahs, who reign¬ ed at Setterah j and though in procefs of time they came to be divided into a number of petty ftates, yet they paid a nominal refpedt to the ram rajah, who had a right to affemble their chiefs, and order out their troops on any neceffary occafion. By degrees this dig¬ nity of ram-rajah or fou-rajah (as he was alfo called), became merely titular, the adminiftration being entire¬ ly poffeffed by the paiftiwa or chancellor. This office being ufurped by one particular family, Nana-row, the reigning paiftiwa, feized the ram-rajah and confined him in a fortrefs near Setterah. At his death he left two fons Mada-row and Narain-row ; of whom the former, as being the elder, fucceeded him in the paifti- waftiip. Monogee Booila, or Bouncella, the immediate predeceffor of Moodagee Boofla, rajah of Berar, was one of the pretenders to the dignity of ram-rajah, as being the neareft of kin •, at the fame time that Ro- ganaut-row, called alfo Ragobah, uncle to Mada-row himfelf, pretended to the paiftiwaffiip. On this ac¬ count the latter was confined by Mada-row, but who imprudently relealed him a little before his death, and even recommended to him in the moft affectionate man¬ ner the care of his brother Narain-row, who was to fucceed to the paiihwaffiip. The care he took in con- fequence of this recommendation was fuch as might eafily have been imagined ; the unhappy Narain-row was murdered, and Roganaut-row the affaftin fled to Bombay where, on promifing a ceffion of territory, he was protefted and encouraged in his pretenfions. The Mahrattas remonftrated againft this behaviour •, but the Engliffi had determined at all events to profit by the civil diffenfions of the Indians, and therefore paid no regard to the juftice or injuftice of their caufe. The Mahrattas therefore not only made up their dif¬ ferences with Hyder Aly, as has been already men¬ tioned, but became determined enemies to the Englilh, at the fame time that a dangerous confederacy was formed among the moft powerful princes of India to expel from that part of the world thofe intruders, whofe avarice could be fatisfied with no conceflions, and India. 3 ] I N D whom no treaties could bind when it ferved their turn ^ to break them. The refentment of Hyder Aly was particularly di- reCIed againft the prefidency of Madras for the rea- fons already given } he had alio received frefli provoca¬ tion by their caufing a body of troops march through his dominions without his leave, and that to the aftiil- ance of a prince for whom he had no great friendftnp *, alfo by the capture of the French fettlement of Maine, on the coaft of Malabar, which he faid was within his dominions, and confequently that the French were un¬ der his protection. His troops were therefore affem- bled from every quarter, and the greateft preparations made for a powerful invafion. dhe prefidency of Ma¬ dras in the mean time fpent their time in mutual al¬ tercations, negleCting even to leeure the paffes of the mountains, through which only an invafion could be made, until their aCtive antagenift, having feized and 124 guarded thofe paffes, fuddenly poured out through them Dreadfal at the head of 100,000 men, among whom was a large'‘’vafion by body of European troops under French officers, and ^ er commanded by Colonel Tally, a man ot great bravery and experience in war. The alarm was given on the 24th of JuJy I'jBo that Hyder Aly’s horfe were only nine miles diltant from Madras. The inhabitants inftantly deferted their houfes and fled into the fort 5 while the unrefifted bar¬ barian burnt the villages, reduced the inferior forts, and prepared to lay fiege to the capital. It being now abfolutcly neceffary to make fome refiftance, mealures were taken for affembling the troops 5 in doing which an exprefs was fent to Colonel Baillie, at that time at Gumeroponda, about .18 miles from Madras, to proceed from thence direCtly to Conjeveram with the corps un¬ der his command, where the main body was to meet I2- him. But when the latter was under marching or-Unrortu- ders, the firft regiment of cavalry pofitively refufed tonat_eexPe~ move without money j and as they perfifted in their refolution, were at laft made prifoners and lent to Ma- dras. The main body, then, confiding of 15CO Eu¬ ropeans and 4200 Sepoys, under Sir HeCIor Munro, with their train of artillery, proceeded towards Conje¬ veram : and fuch were the fatigues of their march, that 200 men belonging to the 73d regiment were left lying on the road. On their arrival at Conje¬ veram, they found the town in flames, great bodies of the enemy's cavalry advancing on both flanks, and no appearance of Colonel Baillie’s detachment. '1 he march of this body had been impeded by a fmall river fwclled by a hidden fall of rain On this occafion, the officer who gives the account of this difafter makes the fol¬ lowing obfervation. “ In this incident we have a moft remarkable proof and example of the danger of pro- craftination, and on what minute circumftances and hidden fprmgs of the mind the fortune and the general iffue of war may depend. Had Colonel Baillie paffed over the Tripaffere without halting, as fome advifed, and encamped on its fouthern inftead of its northern bank, the difafter that foon followed would have been prevented, and an order of affairs wholly different from that which took place would have fucceeded.” Hyder Aly having now raifed the fiege of Arcot, in which he had been employed, marched toXvards Conjeveram ) in the neighbourhood of which he en¬ camped,, India. 124 He is at¬ tacked by Tippoo Saib, but repulfes him. 125 I N D [21 camped, and in the courfe of feveral days, at different times, offered battle. On the 6th of September, he detached his fon Tippoo Saib with the flower of his ar¬ my to cut off the detachment under Colonel Baillie, who was now at Perrambaukam, a fmall village diiiant from the main body about 15 miles, he himfelf remain¬ ing in the neighbourhood of Conjeveram, in order to watch the motions of Sir Hedlor Munro. The detachment under Tippoo Saib confifted of 30,000 horfe, 8000 foot, with 12 pieces of cannon. Notwithftanding this fuperiority in number, however, they were bravely repulfed by Colonel Baillie’s hand¬ ful of troops ; and a junction was effedted with a de¬ tachment under Sir Robert Fletcher, fent by Sir Hec¬ tor Munro on firff; hearing the noife of the engage¬ ment. This jundtion was effedled on the 9th of September, and next morning orders were given for the whole ar¬ my to march ; Colonel Fletcher’s detachment being Is again at-difperfed in different parts of the line. From the tacked. moment they began to march, the enemy played off their rockets, which, however, did but little execu¬ tion ; but about ten at night feveral guns began to open on the rear of the Englifli. Colonel Baillie, therefore, after fome proper manoeuvres, caufed his troops form a line, while the enemy cannonaded them incefiantly wjth great execution. On this Colonel Baillie detached Captain Rumley with five companies of Sepoy grenadiers to ftorm their guns ; which fervice they would have undoubtedly accomplilhed, had not their march been interrupted by a torrent of water which at that time happened to be unfordable. Cap¬ tain Rumley therefore returned about half an hour af¬ ter eleven, when the guns of the enemy were heard drawing off towards the Englifh front, and a general alarm was perceived throughout their camp ; owing, as was fuppoled, to their having received intelligence of the party that had been fent to ftorm their guns. “ From their noife, confufion, and irregular firing (fays our author), one would have imagined that a detachment of our men had fallen upon them with fixed bayonets. At that critical moment, had a party of grenadiers been fent againft them, they would have routed without difficulty the whole of Tippoo’s army. Having about ten o’clock, in the evening advanced a few hundred yards into an avenue, the detachment re¬ mained there in perfect filence till the morning. “ Colonel Fletcher being afked by fome officers, why Colonel Baillie halted ? modeftly anfwered, that Colo¬ nel Baillie was an officer of eftabliflied reputation, and that he no doubt had reafons for his condu£l. It can¬ not, however, be concealed, that this halt afforded an opportunity for Tippoo Saib to draw off his cannon to a very ftrong poft by which the Englilh were obliged to pafs ; and at the fame time of informing Hyder of their fituation, and fuggefting to him the expediency of advancing for the improvement of fo favourable a conjunfture. “ On the 10th of September, at five o’clock in the morning, our little army marched off by the right in fubdivifions, having their baggage on their right flank and the enemy on their left. A few minutes after fix two guns opened on their rear, on which the line . h.alted a few minutes. Large bodies of the enemy’s 4 ] I N D cavalry now appeared on their right flank j and juft at India, the moment when the pagoda of Conjeveram appeared in view, and our men had begun to indulge the hopes of a refpite from toils and dangers, a rocket-boy was taken prifoner, who informed them, that Hyder’s whole army was marching to the affiftance of Tippoo. Four guns now opened on their left with great effect. So hot was the fire they fuftained, and fo heavy the lofs, that Colonel Baillie ordered the whole line to quit the avenue, and prefent a front to the enemy j and at the fame time difpatched Captain Rumley with ten companies of Sepoy grenadiers to ftorm the enemy’s guns. “ Within a few minutes after Captain Rumley had left the line, Tippoo’s guns were filenced. Rumley’s little detachment immediately took poffeffion of four of the enemy’s guns, and completely routed the party attached to them. Captain Rumley, overcome with fatigue, ordered Captain Gowdie, the officer next in T,f- command, to lead on the party, and take poffeffion of Is attacked fome more guns placed a few hundred yards in their by Hyder’s front. But in a few minutes after, as they were advan-whole ar“ cing for this purpofe, a Hidden cry was heard amongmy* the Sepoys, of horfe ! horfe ! The camp followers, whofe numbers were nearly five to one of the troops under arms, were driven on a part of our line by the numerous and furrounding forces of Hyder Aly ; who being informed of the embarraffing fituation of Colo¬ nel Baillie, had left his camp without ftriking his tents, with a view to conceal his march from the Eng- liih. A great confufion among our troops was the un¬ avoidable confequence of this hidden onfet. The Eu¬ ropeans were fuddenly left on the field of aftion alone : and at that critical moment a detachment from the ad¬ vanced guard of Hyder’s army preffed on with great celerity between our line and Captain Rumley’s party. The commanding officer, therefore, apprehenfive of be¬ ing cut off from our little army, judged it moft prudent to retreat. “ Colonel Baillie, when he was informed that an immenfe body of horfe and infantry was marching to¬ wards him, and that this was fuppofed to be Hyder’g main army, faid, “ Very well, we (hall be prepared to receive them.” Hyder’s whole forces now appeared inconteftably in view ; and this barbarian chief, who, as was obferved of the Roman general by Pyrrhus, had nothing barbarous in his difcipline, after dividing his guns agreeably to a preconcerted plan, opened from 60 to 70 pieces of cannon, with an innumerable quan¬ tity of rockets. “ Hyder’s numerous cavalry, fupported by his re¬ gular infantry and European troops, driven on by threats, encouraged by promifes, and led on by his moft diftinguiftied officers, bore on our little army in different.quarters without making the lead; impreffion. Our men, both Europeans and Sepoys, repeatedly pre- fented and recovered their fire-arms as if they had been manoeuvring on a parade. The enemy were re- GalLnt be- pulfed in every attack ; numbers of their heft cavalry haviour of ’were killed, and many more were wounded j evenlheEnS" their infantry were forced to give way : and Hyder'hfll’ would have ordered a retreat, had it not been for the advice of General Lally, who informed him that it was now too late, as General Munro was moft pro¬ bably 125 They are at laft de¬ feated. I N D [21 bably advancing on their rear from Conjeveram ; for which reafon nothing remained but to break the de¬ tachment by their artillery and cavalry. “ Tippoo Saib had by this time collefted his party together, and renewed the cannonade^ and at the fame time that the Englifh were under the neceffity of fuf- taining an attack both from the father and ion, two of their tumbrils were blown up by Hyder’s guns, and a large opening made in both lines. They had now no other ammunition than grape 5 their guns difcon- tinued firing j and in this dreadful fituation, under a terrible fire not only of guns but rockets, lofing great numbers of officers and men, they remained from half paft feven till nine o’clock. “ On this Hyder Aly, perceiving that the guns were quite filenced, came with his whole army round their right flank. The cavalry charged them in dif- tin£t columns, and in the intervals between thefe the infantry poured in volleys of mufquetry with dreadful cffeft. Mhiar Saib, with the Mogul and Sanoor ca¬ valry, made the firfl impreftion. Thefe were followed by the elephants and the Myforean cavalry, which com¬ pleted the overthrow of the detachment. Colonel Bail- lie, though grievoufly wounded, rallied tire Euro¬ peans, and once more formed them into a fquare} and with this handful of men he gained an eminence, where, without ammunition, and moft of the people wounded, he refilled and repulfed 13. feparate attacks ^ but frefh bodies of cavalry continually pouring in, they were broken without giving way. Many of our men, defperately wounded, railing themfelves from the ground received the enemy on their bayonets. “ Captain Lucas’s battalion of Sepoys, at the time when our men moved up to a rifing ground, was Ita- tioned to the right of the European grenadiers j but 5 1 I N D that corps, feeing the Europeans in motion, and mif- India, underftanding perhaps this evolution for a retreat, broke v— in the utmoft confufion. The Europeans, bravely fuf- taining their reputation for intrepid valour, remained in this extremity of diftrefs Heady and undaunted, though furrounded by the French troops, and by Hy¬ der’s cavalry to the number of 40,000. They even exprefled a defire, though their number did not exceed 400, of being led on to the attack. A party of To- pafles, who lay at the diflance of about 30 yards in our front, kept up an inceffant fire of fmall arms with great effed.. Many attempts were made by the ene¬ my’s cavalry to break this fmall body of men; but by the Heady condud of both our officers and men they were repulfed. “ Colonel Baillie, finding that there was now no profped of being relieved by General Munro, held up a flag of truce to one of the chiefs of Hyder’s army. But this was treated with contempt, and the furdar endeavoured at the fame time to cut off the co¬ lonel. The reafon the enemy afligned for this was, that the Sepoys had fired after the fignal was hoifted. 129 A few minutes after this, our men received orders to Throw lay down their arms, with intimation that quarterc^own,t^eiS would be given. This order was fcarcely complied c’ruej]y with, when the enemy rufhed in upon them in the ufed. moff favage and brutal manner, fparing neither age nor infancy nor any condition of life ; and, but for the humane interpofition of the French commanders Lally and Pimoran, who implored and infifled with the conqueror to fhow mercy, the gallant remains of our little army muff have fallen a facrifice to that fa¬ vage thirff of blood with which the tyrant difgraced his vidfory (a).” In this unfortunate afiion near 700 Europeans were killed (a) In a narrative of the fufferings of the Englifh who furvived this fatal day, faid to be publifhed by an of¬ ficer in Colonel Baillie’s detachment, we find it related, that “ Hyder Aly, feated in a chair in his tent, enjoyed the fight of the heads of the flain, as "well as of his prifoners. Colonel Baillie, who was himfelf very much wounded, was brought to his camp on a cannon, and with feveral other gentlemen in the fame fituation laid at the tyrant’s feet on the ground and in the open air. In this fituation they faw many of the heads of their coun¬ trymen prefented to the conqueror, fome of them even by Englifh officers, who were forced to perform that hor¬ rid tafkj in a little time, however, Hyder ordered no more heads to be brought to him while the Englifh gentle¬ men were prefent. A tent was fitted up for Colonel Baillie and his officers, but without ftraw or any thing elfe to lie upon, though many of them were dar.geroufly wounded ; and as the tent could only contain 10 perfons, the reff were obliged to lie in the open air. When the prifoners were removed from place to place, they were wantonly infulted, and even beaten by thofe who had the charge of them. If the latter halted to refreffi them¬ felves under a tree, they would be at the trouble of carrying their prifoners to the fide next to the fun, Jeff they fhould enjoy the benefit of the fhade. Sometimes they were tormented with thirff, at others the people allowed them to drink water out of the palms of their hands, it being reckoned a profanation to allow an European to drink out of a veffel belonging to an Indian,” &c. In this narrative are likewife mentioned fome examples of a recovery from wounds, which, if we can depend on their authenticity, muff undoubtedly fhow/a reftorative power in the human body altogether unknown in this climate. “ Lieutenant Thomas Bowfer received a mufket ball in his leg, and after that eight defperate wounds with a fcymitar. He lay for feven hours on the fpot, deprived of all fenfation \ but, towards evening, awakened from his trance, ftnpped of all his clothes, except a pair of under drawers and part of his fhirt, with an intenfe third:, calling out, and imploring a little water from the enemy. Some were moved with compaflion, while others anfwered his intreaties only with infults and threats of immediate death. Some w’atcr, however, was brought from a pool in the field of battle, about 50 or 6o yards from the place where he lay. It was deeply tinged with blood j neverthelefs, Mr Bowfer being furnifhed by one of Hyder’s foldiers with an earthen chatty, or pot con¬ taining about a pint, and dire£ted to the place, crawled thither as well as he could. Though ffruck with hor¬ ror at the fight of the dead and wounded with which it was filled, he quenched his thirft with the liquid ; and having 1 N D - [21 India. *3° Sir Eyre Coote ap¬ pointed to the com¬ mand of the army. killed on tlie fpot; the lofs on Hyder Aly’s part was fo great that he induftrioufly concealed it, being en¬ raged that the conqueft of fuch an inconfiderable body fhould coft him fo many of his braved troops, He feemed ever after to conlider the Englifli with an ex¬ treme degree of terror^ infomuch that, notwithftanciing his pretended exultation on account of the prefent vic¬ tory, he no fooner heard a report of Sir He&or Munro’s march to attack him, than he left his camp in the ut- moft eonfufion, abandoning great part of his tents and baggage, as well as the vail numbers that had been wounded in the late adlion. On the news of Colonel Baillie’s difafter, the fupreme council of Bengal requefted Sir Eyre Coote to take upon him the management of the war} for the carrying on of which a large fupply of men and money was in- ftantly decreed. This was readily undertaken by the illuftrious officer juft mentioned, notwithftanding-his very precarious ftate of health at that time} and from the moment he took upon him the management of af¬ fairs, the fortune of the war was changed. The fpirit of diffenfion, which for a long time had infedled the prefidency of Madras, was indeed the true caufe of all the misfortunes that had happened. This was found by Sir Eyre Coote to be even greater than he had heard by report; the refpeft and confidence of the natives was wholly loft } the complaints of the of¬ ficers and foldiers w-ere loud and acrimonious } an in¬ activity prevailed in all the councils and operations, while the enemy carried every thing before them. Sir Hedlor Munro had been greatly haraffed on his march to Madras, whither he had retreated after Colonel Baillie’s difafter } the forces of Hyder Aly had in¬ verted all the plates in that neighbourhood in fuch a manner as in a great tneafure to cut off all fupplies } and Arcot, the capital city of the moil faithful ally the Britifti ever had, was taken by ftorm, together with an adjoining fort, by which means an immenfe quan¬ tity of ammunition and military ftores fell into the hands of the enemy. No fooner had Sir Eyre Coote taken upon him the command of the Britifti forces, than his antagonift thought proper to change his plan of operations en¬ tirely. He now' detached large parties of his nume¬ rous forces to lay fiege to the principal fortreffes be¬ longing to the company } while, with the braveft and belt difeiplined part, he kept the field again!! the Bri¬ tifti commander in perfon. On the very firft appear¬ ance of the Britifti army, however, his refolution fail- Inctra, 131 6 ] I N D ed, and he abandoned the fiege of every place he had inverted, retiring to a confiderable diilance on the other fide of the river Palaar, without even difputing the paffage of it, as it was expedled he would have done. A refpite being thus obtained from the incurfions Pondicher. of this formidable enemy, the next operation was to revolts, fecure Pondicherry, whofe inhabitants had revolted.1,ut 's. • quickly 1 hey were, however, eaiily chiarmed, their magazines feized, and all the boats in their poffeflion deftroy- ed } in confequence of which precaution, a French fquadron that foon after appeared off Pondicherry was obliged to depart without being furniftied with any neceffaries. But in the mean time Hyder Aly having- drawn large reinforcements from all parts of his domi¬ nions, refolved to try his fortune in a pitched battle. His army amounted to 200,000 men, 40,000 of whom w'ere cavalry, and 15,000 well difeiplined Sepoys. Still, however, he durft not openly attack the Britilh army in the field, but took a ftrong poll from whence he might harafs them on their march. Sir Eyre Coote, however, was not on his part backward to make the attack } and on the other hand Hyder Aly prepared to engage him with all poflible advantage. The battle was fought on the ift of July 1781 } and notwith- ftahding the vaft fuperiority of Hyder Aly’s army, he ^ was routed with great (laughter. The Indians, how- Defeats ever, made a much more obftinate refiftance than ulual} Hjder My< the engagement lafted from nine in the morning till four in the afternoon, and the deficiency of the Engliih in cavalry prevented them from purfuing the advantage they had gained. 133 Notwithftanding the lofs of this battle, Hyder Aly Gains a fe- was foon encouraged to venture another. This was(oncl vic* fought on the 271b of Auguft the fame year, on thetor}r' very fpot where Colonel Baillie had been defeated. It was more obftinately contefted than even the former, being continued with great fury from eight in the morning to near dulk. A number of brave officers and foldiers fell on the part of the Britiffi, owing chief¬ ly to the terrible fire of the enemy’s artillery and the advantageous pofition of their troops. At laft, how¬ ever, the Indian army was totally defeated, and dri-, ven from every poft it had occupied ; though from the obfiinate refiftance made at this time, Hyder began to entertain hopes that his forces might, by a fuc- ceffion of fuch battles, be at laft enabled to edpe with ^ the Engliih. He therefore ventured a third battle in Hyderde- fome weeks after, but was now defeated w ith greater feat ;d a ]0fs third time. having filled his chatty, endeavoured to proceed towards Conjeveram. He had not, however, moved from his place above 300 or 400 yards, when, being quite overcome, he was obliged to lie all night in the open air, du¬ ring which time there fell two heavy (bowers of rain. Next morning he proceeded to Conjeveram } but after walking about a mile,, was met by fome of the enemy’s horfemen, by whom he was brought back prifoner, and obliged to walk without any affiftance. When delivered up to the enemy’s Sepoys, he was fo (liff with his wounds, that he could not (loop or even bend his body in the fmalleft degree. “ The quarter-mailer ferjeant of artillery received fo deep a cut aerols the back part of his neck, that he was obliged to fupport bis bead with his hands in order to keep it from falling to a fide all the journey. I he lead (hake or uneVennefs of the ground made him cry out with pain. He once and again eeafed from all at¬ tempts to proceed } but being encouraged and conjured by his companions to renew his efforts, he did fo, reached the camp, and at laft, as well as Mr Bowfer, recovered.”—It is alfo remarkable, that, according to our author, out of 32 w’ounded perfons only fix died } though one would be apt to think that the exceilivel/ fevere ufage they met with would have killed every one. India. T35 A fourth vidlcry gained by the Englifh. 136 Dutch fet- 'tlement of I N D f 2 lofs than before. Undifcouraged by this bad fuccefs, however, he laid fiege to Vellore $ and expecting that the relief of it would be attempted, feized a ftrong pafs through which he knew the Britifh army muft dire£l their march. The Britilh commander accord¬ ingly advanced, and found the enemy in poffeffion of fome very ftrong grounds on both lides of a marfh through which he was obliged to pafs. Here he was attacked on all Tides, but principally in the rear, the enemy directing their force principally againft the bag¬ gage and convoy of provifiohs defigned for the gar- rifon. Their utmoft efforts, however, were unfuc- cefsful, and Sir Eyre Coote forced his way to Vellore in fpite of all oppolition. Hyder Aly did not fail to wait his return through the fame pafs j and having exerted his utmoft ikill in polling his troops, attacked him with the utmoft vigour : but though the Englilh were affaulted in front and on both flanks at once, and a heavy cannonade kept up during the whole time of the engagement, the Indians were at laft defeated with great flaughter. By thefe fucceffes the prefidency of Madras were now allowed fo much refpite, that an enterprife was planned againft the Dutch fettlement of Negapatam, fituated to the fouth of Madras, and in the neighbour¬ hood of Tanjour. A very inconliderable force, how¬ ever, could yet be fpared for this purpofe, as Hyder Aly, though fo often defeated, was ftill extremely formidable. Sir He£tor Munro had the management Negapatam 0f expedition : and fo furious was the attack of if ucet. the Britilh failors, that the troops left to guard the avenues to the place were defeated at the very firft onfet. A regular liege enfued $ which, however, was of very ftiort duration, a breach being foon made and the garrifon furrendering prifoners of war. And like- The lofs of Negapatam was quickly followed by that wife Inn- of Trincomale in Ceylon. Admiral Hughes, who had coma e. conveyed Sir Hedtor Munro with the land forces to that place, and affifted him with his failors, immediately after its furrender fet fail for Trincomale, where he arrived about the middle of January 1782. The fort of that name was quickly reduced ; but the main ftrength of the fettlement confifted of a fort named OJlenburgh, the principal place on the ifland, and by the capture of which the Avhole fettlement would be reduced. This fort Hands on a hill which commands the harbour, but is itfelf overlooked by another bill at the diftance of no more than 200 yards. Though the gaining of this poll was undoubtedly to be attended with the lofs of the fort, it does not appear that the governor even attempted to defend it. A Britilh de¬ tachment of failors and marines therefore took poffef- flon of it, when the admiral fent a fummons of furren¬ der, reprefenting the inutility of making any farther defence after the lofs of fuch a poll; and being ex¬ tremely defirous of avoiding an effufion of blood, re¬ peated his arguments at feveral different times. The governor, however, proving obftinate, the place was .taken by ftorm, with the lofs of about 60 on the part of the Britilh, and very little on that of the Dutch, the victors giving quarter the moment it alked. Four hundred Europeans were taken prifoners j a large quan¬ tity of ammunition and military ftores, with a numerous artillery, were found in the place: and two Indiamen Vol. XL Part I. 17 ] IN D richly laden, with a number of fmall trading veffels, Inlha. were taken in the harbour. v’"—”v" ' ^ A more formidable enemy, however, now made his admiral appearance on the coaft of Coromandel. This was Suffrein ar- Suffrein the French admiral; who fetting out from rives with a his native country with 11 Ihips of the line and feveral powerful flout frigates, had fallen in w ith the Jiannibal of 50 guns, and taken her when feparated from her conforts. This Ihip, along with three others, a 74, a 64, and a 50, had been fent out to the affiftance of Sir Edward ; and the three laft had the good fortune to join him before the arrival of M. de Suffrein. The latter, fup- poflng that he had not yet received this reinforcement, bore down upon the Englilh fquadron at Madras, to which place they had failed immediately after the cap¬ ture of Trincomale. Perceiving his miftake, however, he inftantly bore aw'ay. The Englilh admiral pur- fued, took fix veffels, five of them Englilh prizes, and the fixth a valuable tranfport laden with gunpowder and other military ftores, befides having on board a number of la-4-officers and about 300 regular troops. This brought on an engagement, in which M. Suf¬ frein, perceiving the rear divifion of the Britiffi fleet unable to keep up with the reft, direfted his force 139 principally againft it. The Ihips of Admiral Hughes En^age- himfelf and Commodore King fuftained the molt vio-mentb^r lent efforts of the French, having moftly two, and j^dTir ^ fometimes three, veffels to contend with. Thus the Edward commodore’s Ihip was reduced almoft to a w reck j but Hughes, about fix in the evening, the wind becoming more fa¬ vourable to the Englilh, the fquadron of the enemy were obliged to draw off. The lofs of men on the part of the Britilh amounted to little more than 130 killed and wounded, but that of the French exceeded 250. After the battle Sir Edward returned to Madras $ but meeting with no intelligence of Suffrein at that place, he made the beft of his way for Trincomale, being apprehenfive of an attack upon that place, or of the intercepting of a convoy of ftores and reinforce¬ ments at that time expected from England. Suffrein had indeed got intelligence of this convoy, and was at that time on his way to intercept it. This brought the hoftile fleets again in fight of each other j and as the Britiffi admiral had been reinforced by two Ihips of die line, he was now better able to encounter his ad- 149 verfary. A defperate battle enfued, which continued A fecond till towards night, when the fliips on both Tides W'ere Tobattlc* much ffiattered, that neither could renew the engage¬ ment next day. . Though theTe engagements produced nothing de- cifive, they were nevertheleTs of the utmoft prejudice to the affairs of Hyder Aly, who was thus prevented from receiving the fuccours he had been promifed from France j and he was ftill farther mortified by the ^ defeat of his forces before Tellicherry, which place heKjder* had blocked up fince the commencement of hoftilities. Aly’s forces This lafl: misfortune was the more fenfibly felt, as an at open paffage was now left for the Englifli into thofe le‘“ ienT‘ countries beft affefted to Hyder. His bad fuccefsCol ^ here, however, was in fome meafure compenfated by Braith- the entire defeat of a detachment of about 2000 Eng-waite’s Irutfa. 170 Other Itrongholds taken. i?1 Effects of thefe fuc- cefles. on this fortunate oceafion, that a ferjeant of the 71ft regiment, when at feme diftanee, Ihot the man who was in the aft of [hutting the firft gate ; and upon this occurrence, almoit accidental, the fate of the citadel hinged. It was inftantly taken, without the lots of a tingle man ; although a hundred of the enemy had been killed during the advance, and many had peritlied by falling from the precipices in endeavouring to efcape. Only one private foldier was wounded in this remark¬ able affault of the impregnable fortrefs of Savendroog : it formed a difplay of fuccefsful prowefs, fortunate al- moft beyond example ; and it exhibited before the enemy, in open day, an inflance of intrepidity, of high value to the reputation of the army and the inte- retts of the India government. The beneficial confequences of this important cap¬ ture, were fenfibly felt at the different forts, almofl im¬ pregnable, by which this part of the country is fo re¬ markably ftrengthened. Colonel Stewart’s detachment, which had been fo much ditlinguithed by this atchieve- nient, marched in two days againft Outredroog, ano¬ ther fortrefs ftrengthened by five different walls, and fo iteep as to prove tenable by a handful of men againft the largeft army. After the refufal of a fummons to furrender, the lower fort was efcaladed with fuch rapi¬ dity, that the killadar requefted a parley. While this was in agitation, an appearance of treachery was dif- covered in the upper fort, where the garrifon were feen moving and pointing their guns againft the affailants. Fired at this fight, Lieutenant M‘Innes led on the ftorming party with impetuofity ; feme of the gates were inftantly broken, others were efcaladed, till five or fix different walls on the face of the fteep rock were paf- fed, when the troops gained the fummit, and put the garrifon to the fword. So panic-ltruck were the ene¬ my, when they faw a fingle European above the wralls, that they could make no refiftance. The killadar was made prifoner, a number of the garrifon was killed, and not a few, terrified at the approach of Europeans with their bayonets, are faid to have precipitated them- felves from the rocks. The affault of thefe fortreffes, which had hitherto been deemed impregnable, made fo ferious an impref- fion on the enemy, that in none of the hill forts, how¬ ever inacceftible, did they afterwards make an attempt to refill; the Britilh troops. Hence, the ftrong moun¬ tainous country between Bangalore and Seringapatam, which, ftudded with forts, had fo much checked all communication, now afforded fecurity to the convoys. Thefe now reached the army without oppofition $ and the fupplies of warlike (lores of every defeription were as completely re-eftablilhed as they had been at the beginning of the laft campaign. To prevent any future fcarcity of the great article of grain, the commander in chief encouraged the na¬ tive brinjarries, a clafs of men vvhofe employment is purchafing grain where it is cheap, and felling it to the army. By conftantly affording regular payment and a good price to thefe native merchants, they fupplied the camp to an extent far exceeding what could ever be furnifhed by the moft extenfive carriage eftablilh- ment. The grain-dealers had at this time paffes for no lefs than 50,000 bullocks, whofe rice was inftantly paid for, as foon as it reached the camp, and orders given for purchafing more from whatever quarter it could be India, procured. This brought forth the refources of the ene- m" mies country as well as our own j for feveral of Tippoo’s brinjarries, tempted by the certainty of payment and a high price, fold their rice in the Britilh camp. Supplies being thus provided to an extent far ex- Prepara- ceeding every former example, the allied armies, and tioris ^or the different detachments, were ordered to affemble for anot'ier another campaign. The Bombay troops, deftined again Can ^a °n to aft from the fame quarter as laft feafon, marched from Cananore, and arrived at the foot of the Poodi- cherrim Ghaut in the month of December. Several weeks of hard labour were neceffary to drag the artillery through woods extending nearly 60 miles, and over mountains of immenfe height. Thefe mountains, which on the weft command a view of the Malabar coaft, and on the eaft of the country of the My lore, form an ele¬ vated ridge towering into the clouds, on which the ri¬ vers are feen taking their rife, and flowing in different direftions, till they reach the eaftern and weftern fliores of the peninfula. The friendly territory of the Coorga rajah furrounds the interior of this formidable pafs, where a fmall oppofition might bid defiance to a whole army. This circumftance enabled the Bombay troops, confifting of 8400 men, with all their baggage and ar¬ tillery, and a fupply of rice for 40 days, to penetrate with fafety into the Myfore frontier, which they reach¬ ed on the 22d of January 1792. To facilitate the re¬ turn of our army, batteries were conftrufted, and the defence of this pafs committed to Lieutenant-colonel Peche with 300 men, a precaution which had not the fultan overlooked, he would have fuffered no invalion on this quarter of his dominions. The Mahratta forces, which had feparated from the main army at Bangalore, had fpent the feafon of the monfoon in a train of exploits which feemed to imply more than their ufual lhare of aftivity. With the afiift- ance of the Bombay detachmentof three nativTe battalions, they took the important poll of Simoga, after defeating Reza Saib and near 10,000 of the fultan’s cavalry. This brilliant fuccefs encouraged Purferam Bow to en¬ gage in an enterprife againft Bednore, which had near¬ ly fruftrated the whole plan of the campaign, by pro- trafting his junftion with General Abercromby beyond the ftipulated time. From this attempt, however, he was diverted by the arrival of Cummer ud Deen Khan, one of Tippoo’s belt generals, who had been difpatched againft; him. This chieftain retook the fort of Si¬ moga ; but being too weak to encounter the Bow in the field, the Mahrattas effefteu their junftion with the Bombay army, though fomewhat later than the ap¬ pointed feafon. The main army under Lord Cornwal¬ lis, which had been fo aftively employed during the rains in fubduing the hill forts, and in coll eft ing the neceffary ftores and reinforcements, was ordered ulti¬ mately to affemble at Outredroog, one of the ftrongeft of Tippoo’s forts, which was fituated within 50 miles of his capital. This place being equally fpacious and ftrong, was fitted up as a general hofpital, and formed into a magazine for the grain and public ftores that were not immediately needed for the army. The bat¬ tering train under Colonel Duff, and the laft convoys under Colonel Floyd, having lafely joined, the main army was at laft fully prepared to refume its enterprifes F f 2 againft India. *73. 'The allied army ap¬ proaches to Seringa- patam. I N D [2 againft the fultan, who, in imitation of his father, when formerly attacked in 1767, had encamped with the whole of his force in a ftrong pofition under the walls of his capital. One jun&ion more was ftill expelled j that of the Nizam or Soubah from Gurramcondah, the lower fort of which he had captured. This prince having left a ftrong force to garrifon the place, marched again to meet Lord Cornwallis, who was detained in expec- tion of this event for feveral days beyond the time he had appointed for leaving Outredroog. On the 25th of January, the young prince at laid arrived with his army ; his youth and inexperience were put under the guidance of a minifter 60 years of age, a man of great talents and eftablifhed reputation. The confederacy, which thus united the chief powers in the peninfula for the overthrow of a formidable and ambitious enemy, was attended alfo by an ambaflador, w ho arrived at this time, from Madajee Boonfla the rajah of Berar. The Pefhwa and the Nizam were themfelves in the field on their refpe£Hve frontiers, and all India looked with anxious expeftation to the event of this important cam¬ paign. On the ill of February the allied armies marched from Hooleadroog, the laid hill fort of which they had taken pofleffion, lying at the diftance of only 40 miles from Seringapatam. Tippoo’s cavalry, which had been fent out to harafs them on the march, made little im- preflion, and were therefore chiefly occupied in burn¬ ing the intermediate villages, and in laying wafte the country. The Laft march, of ^the 5th of February, firetched acrofs a range of barren hills lying fix miles north-eaft of Seringapatam. From thefe heights, a view of the whole city was prefented to the army, and the encampment of the fultan under its walls. Every circumftance was eagerly viewed by our troops j and, from the fultan’s pofition, it was evident he meant to defend the place in perfon, and to make it the grand eoncluding fcene of the war. The camp of the allies was pitched on the north fide of the illand. The Britifii formed the front line, and extended its whole length on both fides of the Lockany, a fmall river which at this place flows into the Cavery. The referve was placed a mile in the rear, to afford fpace for the baggage and ftores ; and the Nizam and Mahrattas were ftationed ftill farther in the rear, to prevent interference with the Britifti eamp. Oppofite to Seringapatam, on both fides of the river, a large fpace is inclofed by a bound hedge, which marks the limits of the capital, and affords a refuge to the peafants during the incurfions of cavalry. Tippoo’s front line, or fortified camp, lay immediately behind this hedge, where it was defended by heavy cannon in the redoubts, and by a large field train advantageoufly placed. In this line there were 100 pieces of artillery, and in the fort and ifland which formed his fecond line there were above thrice that number. The re¬ doubts on his left were entrufted to two of his beft offi¬ cers, and a corps of Europeans commanded by Mon- fieur Vigie ; Sheik Anfar, a general of eftabliftied re¬ putation, was ftationed on the right, and the Carighaut hill •, while Tippoo himfelf commanded the centre, having his tent pitched in the fultan’s redoubt. The fort and ifland, where there was the greateft number of 4 28 ] I N D guns, were entrufted to Syed Saib and other comman- India, ders. The whole army of the fultan, thus ftationed, confifted of about 50,000 men. Ever fince the junction of the allied armies, Tippoo finding he could not. keep the field, employed his chief attention, and the labours of his main army, in fortify¬ ing this camp, and in ftrengthening his defences in the fort and ifland. The country had already been laid wafte in the former campaign $ and the fultan feemed to reft his hopes, that the ftrength of his works and th% valour of his army would protradl the fiege, till the want of fupplies, or the approach of the monfoon, would again force his enemies to abandon their enter- prife, as they had been compelled to do on former oc- cafions. Impreffed with thefe ideas, Tippoo made no attempt to interrupt our reconnoitring parties, who had been bufily employed on the firft day after their arrival in examining his camp. The diftance of our pofition, and the abfence of the armies under General Abercromby and Purferam Bow, increafed his fecurity : for he did not imagine that Lord Cornwallis would venture to attack him without their affiftance ; far lefs could he believe that a fortified camp, defended by the guns of his capital and a powerful army, would be attempted by infantry alone, without guns, and in the uncertain¬ ty of night. The promptitude and fpirit of Lord Cornwallis had fuggefted far different ideas, and a plan of attack which was bold beyond even the expeflatxons of his own ar¬ my. On the evening of the fixth of February, juft after the troops had left the parade, orders w'ere iffued for an attack at 7 o’clock of the enemies camp and lines in three divifions. The Britifh camp was left to be defended by the artillery and cavalry ; while the af- failants wffio were inftantly furnilhed with guides and fcaling ladders, marched in perfect confidence that muf- kets alone w'ould prove the fitteft inftruments for open¬ ing their way into the enemy’s camp. No part in the execution of this bold enterprife was affigned to the troops of the allies 5 nor was the intend¬ ed affault even communicated to them, till after the columns had marched. It was perhaps good policy to Tippoo’s conceal from them a meafure fo repugnant to all their camp at- maxims of war, and in which they could not poffiblytacked* concur. This opinion feems juftified by the furprife and confternation which they difplayed, on learning that Lord Cornwallis, like a common foldier, was per- fonally to lead the attack on the enemies fortified camp. They not only deemed his fuccefs impoffible, but they dreaded that the ruin of the allied armies would be involved in the attempt. The three columns into which the affailants had been divided, marched with equal intrepidity to exe¬ cute the different obje&s that had been allotted them 1 many obftacles intervened ; various conflifts enfued in, different quarters of the enemies camp ) each party was uncertain of the fate of the reft, and each individual of his affociates. The return of day at laft removed their fears and uncertainty, by difclofing the complete fuccefs w'hich had crowned their exertions throughout the whole line of attack. The right column commanded by General Meadows had met with more impediments than the reft j it at¬ tacked and carried the eadgali, a redoubt on the ene- xaiea I N D [22 India, mies left, which was defended by eight guns, ai J a —r-—' numerous garrifon, nearly 500 of which fell in this at¬ tack. Confiderable lofs was alfo fuftained by the Bri- tifli in this redoubt. After its capture, the column was again formed in its original order, and marched with a view to fupport the centre under Lord Corn¬ wallis •, but miftaking the proper track, and making too wide a circuit, it reached the Carighaut hill on the enemy’s right, which had already been carried by Co¬ lonel Maxwell. The centre column about 11 o’clock forced through the bound hedges, amidft a heavy five from the fultan’s redoubt and Tippoo’s lines. Thefe, however, were alfa forced. The troops were now enabled to crofs the river, and penetrate into the ifland. Soclofely did they prefs upon the fugitives, that they would have entered the citadel along with them, but for the precaution of raif- ing the drawbridge, which they had drawn up at the moment of entering the place.. So precipitately had Tippoo been forced to abandon his tent in the fultan’s redoubt, that his filver flicks, pikes, and mathemati¬ cal inftruments, were found fcattered in the place. The fort being inacceffible from the removal of the bridge, the advanced party forced into the town or pet- tah, which had been almoft abandoned for the defence of the batteries. Here they found 27 half-ftarved Eu¬ ropeans, loaded with irons, and confined in a dungeon. Some of thefe unhappy men, who were now relieved, had been cruelly given up to Tippoo by Admiral Suf- frein j others were deferters, whom Tippoo, however, had treated with equal feverity. The left divifion of the attack, which was command¬ ed by Lieut. Col. Maxwell, vvasdeflined to take poffef- fion of the Carighaut hill, and from thence to defcend and penetrate into the illand on the right flank of the enemy. Thefe objects w^ere effefted with rapidity, and but little lofs, except in crofling the C a very, which was deep and rapid, and at the fame time flrongly defend¬ ed by the enemy’s batteries. In crofling the flream, which at this place was neck deep, the ammunition was unavoidably damaged •, but the troops preffed forward with the bayonet, and at laft joined the other divifions who were now' aflembled at the pettah. The enemy having loft all their pofitions on the north fide of the river, where the fiege w-as to commence, and almoft the whole of the ifland, every material objefl of the aflault was fecured. On the fide of the Britifh, the lofs, though confiderable, was fmall in proportion to the importance of the viftory, and the difafters of the ene¬ my , of whom, it afterwards appeared, that no lefsthan 20,000 had either deferted, or been flain in the vari¬ ous conflifts during this night of enterprife, danger, and death. On the 7th, the enemy, as if alhamed of the rapidity with which their different polls had been abandoned, made feveral attempts to recover them. Their efforts were direfted chiefly to the fultan’s redoubt, command¬ ed by Major Sibbald. Expofed to the guns of the fort, and the batteries on the ifland, the major’s little party defended the place for the whole day ■, and hav¬ ing (uccefsfully repulfed the different affaults of the ene¬ my, they at laft, weary of the attempt, defifted from the enterprife. The endeavour which the fultan’s troops made to regain the pettah, met with a fimilar check j and the night of the 7th would have afforded fome re- India, .175. 9 ] I N D / pofe to the army, had not the rumour of an intended attack by Tippoo during the night, kept them on the alert. That fuch an attack had been meditated, there was full evidence j but both the chiefs and the foldiery were fo much difpirited by the fatal train of events that had fo rapidly taken place during the laft; twenty-four hours, that they could not be induced to fecond the zeal of their fovereign. During the various conflicts of the 6th and 7th, the fatigues and dangers of the Brx- tilh army were fevere j and its lofs in killed, wounded, and miffing, was far from being inconfiderable (536 men). The extent and importance of the acquifitions gained by this brilliant conteft feemed, however, to compenfate every facrifice that had been made. It now occupied the lines and polls from which the enemy had been driven j and the works which had been fo com¬ pletely fortified for the defence of the capital, now be¬ came lines of circumvallation for its attack. 1 he troops on the one fide were broken and difpirited j on the o- ther they were in perfect order, and animated with their recent fuccefs. The Europeans in the fervice of Tip¬ poo, after the difaftrous events of the laft; two days, now defpairing of his fortunes, deferted to our army j and many of them enlifted with the Mahrattas ; others re¬ tired to the French fettlements. After their departure,, the fultan’s army never encamped in order, or affumed a formidable appearance. The Britiffi army, now in poffeffion of the illand and anc^ Senn- town of Seringapatam, was immediately employed in.Sal3tarn making the neceflary preparations for the fiege of the fortrefs or citadel. This enchanting illand being plen¬ tifully watered by the Cavery, and a vaft number>of- interfecling canals, maintains a perpetual verdure : ou the eaft, it is decorated by the buildings of the fort, which occupies a mile fquare y on the weft, by the Laul Bang, containing the maufoleum of Hyder Aly, adorn¬ ed by tall cypreffes, lhaded walks, and a variety of' trees, whofe foliage and perennial verdure announce an everlafting fpring. The mofques and religious build¬ ings were converted into hofpitals for the wounded and lick •, and the trees, now for the fitft time affailed by' the axe, furniffied materials for fafcines and gabions for the approaching fiege. The proud mind of the liiltan could not remain tran¬ quil, on feeing his beautiful gardens and all his im¬ provements threatened with deftruction, by an enemy* who was alfo preparing to deprive him of his citadel and all that remained of his power. His indignation was expreffed by a continual dilcharge of cannon from the fort, directed againft the ifland, the redoubts, and every party of ours that feemed within his reach. Som& of his ffiot ranged as far as.the camp, aimed apparently at head quarters : but the diftanee of the-feveral polls was too great •, and his ineffectual cannonade ferved ra¬ ther to proclaim the wrath of the fovertign, than ma¬ terially to annoy his enemies. Tired by thefe repeated efforts, which he faw wera vain, and worn out by the ebullitions of his own anger, Tippoo at laft began to meditate ferioufly on the necef- lity of a peace, the only means by which he could ex-* tricate himfelf from his perilous Hate. In order to fmooth the way for his overtures, he previoully liberated 1 two Britiffi officers, who had been detained contrary to capitulation in Coimbatore j thefe officers, till now the viftims of his cruelty, he loaded with prefents, and mads them I N D [ 2.; India, them the bearers of a letter to Lord Cornwallis filing for l'-* ‘y -— peace# Another expedient, more daring, but far lefs honourable, was nearly at this time praftifed to attain hi deliverance. A fmall party of horfemen were de- fpatehed to r he Britilh camp in the night, for the pur- poh of aifaffinat ’ng the commander in chief: as ftrag- gling parties of the Nizam’s horfe were near, the troopers, millaken for friends, had littledifhculty in en¬ tering the camp ; and, but for an accident, might have effebled their purpofe. Detected, however, by their in¬ quiries for his lordfhip’s tent, they were fired at by a party of recruits j and fuch was the fpeed with which they made off, that they fuffered little damage in this difgraceful enterprife, which is fo often reforted to by the princes of India. This was the fecond attempt a- ■gainft the commander’s life during the prefent war: that both were unfuccefsful, muft be afcribed to that intoxication in which the natives are plunged, before they can be induced to venture upon fuch hazardous deeds. Though Tippoo had recourfe to thefe vile projects, which he knew were countenanced by the practice of his country, he did not trufl: to them folely for his de¬ fence. The Bombay army which was at this time ap¬ proaching, he combated and haralfed by every effort of honourable war: its junftion, however, with the main army was effeffed on the 16th j and on the fecond night after this event, the trenches were opened, and a paral¬ lel formed within 800 yards of the north face of the fort. General Abercromby, ifatioued on the fouth quar¬ ter with a flrong detachment, was ordered to cannonade it from the heights. This attack being dire&ed againft the weakeft part of the fort, occafioned the greateft alarm. Tippoo himfelf, therefore, at the head of his troops, marched to difiodge the general : being fuppor- ted by the guns of the fort, be maintained the adiion for the whole day 3 but towards evening, he was forced to retreat. This defperate effort was the laft that Tippoo made for his defence, His affairs haftened to a crifis 3 cabals ■were formed by the chiefs, and his troops deferted in multitudes during the night. Plenipotentiaries from the allies, fince that, had been treating with his vakeels 3 his haughty fpirit, hitherto untraffable, was now forced to yield to their demands. He faw his capital blockaded on every fide by a powerful army, plentifully fupplied ■with provifions, which muft infallibly reduce his troops by famine, fliould they even prove fuccefsful in repell¬ ing its aifaults; even his laft hopes of relief from the monfoon, and the fwelling of the river, were thus final- ly cut off. Treaty of On the 23d of February, therefore, the preliminaries peacefign- Df peace were figned by Tippoo, amidft the confli&ing ed by Tip- emotions 0f pride, refentment, and fear ; and orders were iffued to the troops on both fides to ceafe from far¬ ther hoftilities 3 a ftipulation, of which the dread of an immediate affault alone inforced the obfervance. By the terms of this treaty, Tippoo was compelled to pay, as an indemnification for the expences of the war, three crore and 30 lacks of rupees at two inftalments, the o ] I N D firf -to be advanced immediately, and the fecond at the India, end of four months. Other articles of this inftrument ^ provided farther, that the whole prifoners taken from the allied powers from the time of Hyder Aly, fliould be unconditionally reftored 3 that no lefs than one-half of his territories fliould be ceded to the allies 3 and that two of Tippoo Sultan’s three eldeft fons fliould be give as hoftages, for the due performance of the treaty. The candid and upright condudl: of Lord Cornwallis had gained the full confidence of all the allies. So complete was the afcendancy he polTeifed over their councils, that they fubmitted without a murmur to all the arrangements which he propofed 3 a circumftance (confidering the deep interefts which were at flake) that muft be regarded as not the leaft extraordinary in this campaign. The terms of this agreement, which refembled a ca¬ pitulation more than a treaty, were hard, and Tippoo with great difficulty w'as prevailed on to fubfcribe to them. Another ftruggle, perhaps ftill greater, yet re¬ mained for his family. This arofe from the diftrefs in his feraglio, on parting with his children. The fultan was entreated to requeft another day for making pre¬ parations for their departure 3 and Lord Cornwallis, though he had already difpenfed with their accompany¬ ing the treaty, as firft agreed, had the humanity to grant this requeft. About noon day on the 26th the princes mounted His ions de- their elephants richly caparifoned, and attended with allvere(iuP fplendxd retinue left the fort, the w'alls and ramparts 0f ^ ^oltaSe3‘ which were crowded w ith multitudes of fpeftators. A- midft the vaft multitudes whom curiofity or affeftion had drawn out to witnefs this fcene, Tippoo himfelf was beheld (landing above a high gateway through which, as they pafied, the princes were faluted by the guns of the fort 3 a compliment which they again re¬ ceived as they approached the Britifti camp. They were feated in filver howdahs, attended by their father’s minifter, and a numerous retinue. The proceflion which they thus formed, was equally grand and interefting. It was led by feveral camel harcarras and ftandard- bearers, carrying green flags fufpended from rockets, followed by one hundred pikemen with fpears inlaid with filver. Their guard of two hundred Sepoys, and a party of horfe, brought up the rear (c). In this order the princes proceeded till they ap¬ proached the tent of Lord Cornwallis, who had order¬ ed a battalion of Sepoys for their reception 3 where the commander in chief embraced them with a cordiality and tendernefs that refembled parental affedlion. The manners, drefs, and appearance of the young princes themfelves, formed an interefting fpeftacle to their Eu¬ ropean hofts. Bred up from their infancy with infinite care, and inftrufted to imitate in their manners the re- ferve and politenefs of more advanced age, all prefent were aftoniflied to obferve the correftnefs and propriety of their conduft. Abdul Kalick, the eldeft, was of a dark complexion, even among the natives of India 3 but his countenance was marked by thougbtfulnefs and intelli¬ gence. (c) For the fubftance of this account we are indebted to an eye witnefs, Major-general Dirom 3 who has favour¬ ed the public with an excellent narrative of this campaign. I N D [ 231 ] I N D India, gence. Tlie younger, Mooza ud Deen, was remarka- u—• yy faJr • a regular fet of features, with an open appear¬ ance, rendered him the general favourite, and more ad¬ mired than his brother. Clothed in red turbans and long white muflin gowns, every where fparkling with emeralds, rubies, and pearls, their external decorations difplayed a brilliancy far furpafling every European idea of drefs, and feemed to realize thofe laboured de- fcriptions of fplendour, which are in the weftern world only feen in the pages of romance. Thus attired, the young princes, immediately after their reception, were feated on each fide of Lord Cornwallis, when Gulam Aly, the head vakeel of Tippoo, thus addreflfed the Bri- tifh general : “ Thefe children were this morning the Tons of the fultan my mailer : Their filiation is now changed : They mull look up to your lordlhip as their father.” The conduct of the commander in chief had perhaps fuggefted this addrefs : he had in faft received the boys, as if they had been his own fons j and he again anxioufly allured the vakeels, and the young princes themfelves, that every poffible attention would be Ihown . them, and the greateft care taken of their perfons. Their re- 1 he fcene became more interefting ; the faces of the ception by children brightened up ; and not only their attendants, Lord Corn- but all the fpe£lators, were delighted to obferve, that waliis. any fears they might hare harboured were removed, and that they would foon be reconciled to their change of fituation. With regard to the youngeft, this defira- ble objedt was likely to be firft attained. He was.the favourite fon, and was faid to be the fultan’s deftined heir : his mother, a beautiful and delicate woman, had loft her brother in a late adlion ; and (he herfelf had died of fright a few days before the attack of the lines. Thefe circumftances, together with his own captivating appearance, drew to the youngeft boy the greateft {hare of attention, and rendered his fituation doubly inte¬ refting. After being regaled, in the eaftern manner, with otter of rofes and betel nut •, the princes were prefent- ed each with a gold watch from Lord Cornwallis, a gift from which they feemed to receive great delight. On this occafion the minifters of the Nizam and the Mahrattas attended with their fuits 5 and when the ce¬ remony of their reception was ended, the princes were led back to the tents furnilhed by the fultan, which wrere of a green colour, an emblem of majefty which Tippoo always had carried -with him into the field. The detaining of Tippoo’s fons as hoftages, may be deemed a rigorous condition impofed on that prince $ the event, however, foon proved, that without this pre¬ caution, he could never have been induced, unlefs by a renewal of hoftilities, to fulfil the terms of the treaty. The value of the money to be received, as well as the rents of the different diftridls to be ceded, were keenly difputed. When the territory of the Coorga rajah, in particular, was required, the demand feemed unexpect¬ ed both by the fultan and his minifters, and was at firft received with aftonifhment and difdain. This rajah was confidered as a chief caufe of the war, and Tippoo, therefore, wifhed to crufh him. Lord Cornwallis feem¬ ed equally refolute in his defence*, for he again manned the works, and threatened to recommence the attack. Happily, his ftock of provifions was ample y and al¬ though upwards of 400,000 ftrangers and half a mil- India, lion of cattle were daily to be fed, the fupply was fuf- " ‘ ficient for the whole} while one million fterling of the fine impofed on Tippoo, had already been paid. The firm determination of the commander in chief, aided by thefe circumftances, which were not unknown to the fultan, damped his refolution. His refentment cooled, and he finally implemented the terms agreed upon, copies of which were delivered to the confederated powers. The war againft Tippoo, which was now happily ter* minated, placed the dominions of the India Company* and of their allies in a ftate of fafety and tranquillity which they had never enjoyed fince the aggrandifement of his ambitious family. In the former campaigns againft the Myfore, the civil and military powers were placed in feparate hands *, meafures were planned with¬ out either energy or uniformity of fyftem j and their execution being trufted to other hands, feldom difplay¬ ed the promptitude or vigour neceffary to their fuccefs.. They had often ended in the accumulation of debt, without adequate advantage 5 fometimes they produced the devaftation of the company’s pofieffions j and hi¬ therto they had uniformly increafed the power and pre- tenfions of the formidable adverfary whom they were meant to fubdue. This war, juft concluded, was followed by effe£ls fuited to the energy and perfeverance with which it had been conduced. The one half of his dominions was at once wrefted from the hands of the common enemy *, and while his power was thus diminifhed, an additional ftrength and fecurity was conferred on his neighbours, by that impregnable barrier which was added to their territories. In the three different cam¬ paigns the fultan’s lofs had been great *, in the laft, it feemed almoft irredeemable, not lefs than 67 forts were taken, 800 cannon fell into the hands of the allies} and the killed, wounded, and milling of Tippoo’s troops amounted to 49,000 men. At the conclufion of the treaty very few places of ftrength were left in his pof- feflion ; his treafury was drained, and the ftrength and fpirit of his army completely broken. To the modera¬ tion of the Britifti commander alone it was owing that he ftill remained a fovereign ; for he was at laft com¬ pletely in the power of the victors. This moderation, but little merited by a cruel and vindictive enemy, he eafily forgot when his power was afterwards revived, and he permitted his French counsellors to perfuade him that he was again able to contend againft the Bri¬ tifti government. In the mean time, however, the India Company’s Advantages territories fenfibly felt the advantages of the treaty ofof this trea- Seringapatam. The prefidency of Madras, which ^ t0 t'ie was molt expofed to inroads from the Myfore, has by conTa,'-v» that event fecured a chain of forts along its frontiers, which has ever fince effe&ually freed it from the evils of invafion. The Carnatic, recovered from its former calamities, muft improve its revenue, while it is defend¬ ed at a lefe expence. The Malabar coaft and prefi- dencyof Bombay have experienced, ever fince the victory at Seringapatam, a ftate of ftill greater fecurity than the Carnatic. It contains a country the moft varied, and perhaps the moft fertile in India, which under a regular government may be improved to an extent at prefent X N D [ 232 ] I N D India, prefent almofl inconceiveable. Hitherto, from being a fCene of conftant war and bloodfhed, it has not been dif¬ fered to develope its refources. While the relative fituation of the Britifh and the fultan were thus improved by the pacification, the inte- refts of our allies were perhaps dill more effentially be¬ nefited. The Mahrattas have gained an addition of drength as well as territory, by enlarging their frontier 1g0 from Darwar to the Tumbudra j and the Nizam has and to the gained a fimilar advantage, being drengthened on the allies. one {ic}e by the fame river, and on the other by the Sanar and Gungecotta. Both powers are by their pofition placed nearer the aid of the Britilh, to whom they mud in future look up for their defence againd all their enemies, as well as the aggreflions of the My- forean armies. During the feven years tranquillity that fucceeded this memorable campaign, the armies of both thefe powers, having no external enemy to call forth their exertions, gradually relaxed in difcipline, and affumed a dill more tumultuary and unmilitary appearance. On the other hand, the troops of Tippoo, from his Unconquerable hodility to the Britiih power, and from the fecret indigations of the French, were kept in a date of condant preparation, by which their difcipline was improved. The influence of time, and the re¬ fources of a vigorous government, gradually repaired the vad lofles which had been fudained during the three lad campaigns. The power of the Myforean court had indeed been much impaired, but it had lod none of that antipathy and hatred againd the neigh¬ bouring dates by which it had always been didinguilh- ed. Of all the confederated powers engaged in this war, the Britifh derived, perhaps, the dualled fliare of the direct and immediate advantages which refulted from it. The prize-money fhared by the army, although in- creafed by the renunciation of the {hares of Earl Corn¬ wallis and General Meadows, was not great $ and the territories that were ceded to the India Company being difunited and at a diflance, feem to have been demand¬ ed rather with a view to weaken the common enemy than to add to their refources. Prior to the year 1799, the period of the final conqued of Seringapatam and the Myfore, more than two-thirds of the ancient terri¬ tory of the Pvlogul empire dill remained in the hands of populous and independent dates, profeffing either the Hindoo or Mohammedan faith. Among the latter, the Nizam and the king of Myfore dill held the chief rank ; while five powerful Mahratta chiefs, the adher¬ ents of Brahmanifm, occupied the fird dation in the former clafs. Some of thefe princes, during the former wars in Hindodan, had individually arranged themfelves on the fide of the monarchy of France, againd that of Bri¬ tain. Thefe rival and leading powers in Europe, had for near a century occupied a fimilar pofition in the ead, which decided in fome meafure the fate of Afia. The republican councils, however, by which the French government had been lately fubverted, embraced a much vvider range in their foreign policy. They attempted to form at once all thefe different princes colleftively into a combination, which they hoped might become the inftrument of their own ambi¬ tion. Hence proceeded their warm profefiions of philanthropy to the natives, and their new-born zeal for improving their condition, and for refeuing them Indian from the rapacity and tyranny of the Britilh. The' r-—' fame unperidiable third after external conqued and univerfal dominion which indigated that nation to attempt thofe momentous changes, which were lately beheld in Europe, began to difplay their violence in the ead, and to characterize the whole of the French lgl policy in Ada. Confidential agents had already beenReftkisam. difperfed over the territories of thefe princes j officersfiition of from France had been fecretly fent out and appointed^ drench, to their armies. For feveral years thefe agents had been feduloufly employed not only in difeiplining their troops, but in promoting among the native princes a combination for the purpofe of fubverting the Britiffi government, and for annihilating throughout the pen- infula every power that might be deemed hodile to their own. Thefe fchemes of ambition, wild and romantic as they may feem, hare been executed with complete fuccefs over almod one half of Europe } and it mud be confeffed, that the power of the mighty confederacy which was proje&ed in the ead, was more than fuffi- cient to fubjugate the whole of India, had it been pof- dble to effeft the deady co-operation of its members in any common fydem of policy. A clofer viewr of it will evince its power and efficiency for the execution of the mod extendve plans even of French ambition. The Mahratta empire, by being properly confoli- dated, mud of itfelf command an immenfe force* Stretching throughout the whole length of the peninfu- la, from the bay of Bengal to the banks of the Indus, its population has been edimated at no lefs than forty millions of fouls } while its known revenue has been found to amount to feventeen millions derling. Thefe refources, however ample, it mud be noticed, are far more efficient in India than in Europe ; they have there been found by aftual experiment, adequate to the edabliffiment and condant maintenance of an army of upwards of 300,000 men. Nor has the progrefs of the French emidaries in communicating European tallies to this immenfe force, been at all inadequate to the vad fchemes of their policy, or to the magnitude of their undertaking j many battalions in the fervice of the Pefliwa and of Holkar, but more efpecially in the eda- blifhment of Scindiah, have been found in a date of difcipline that might have been deemed creditable in mod European armies. Among the troops of this lat¬ ter prince, the brigade of General Perron has long been didinguidied by a fydem of taftics hardly inferior to that of the Britiffi Sepoys 5 it condds of about 40,000 men, who are regularly regimented and brigaded, and as completely clothed and accoutred as the Britifli troops. The pay of this force is regularly iflued, a rare occurrence in India; and while in the field, its operations are fudained by a well appointed artillery, confiding of upwards of 40 pieces of ordnance. To the charge of this favourite portion of his army Scindiah has for fome time pad committed the capital of the empire, and the cudody of the venerable but unfortunate Shah Allum 5 a monarch who, it is faid, has reached the uncommon period of 90 years ; and who, it would appear, is more waded and broken down by an unexampled load of calamity, than by either the weight or feeblenefs of his dngular age. The forcible reftraints to which this unhappy prince has for many years I N D [2 India, years been fubje&ed, eafily enabled the French party ' among Scindiah’s troops towreft from him the fan&ion of the imperial name, and the femblance at lead of le¬ gitimate authority ; a matter of fome moment, as it ferved to fcreen the progrefs of ufurpation. It was ac¬ cordingly in the vicinity of the capital, and almoft in the prefence of the dethroned emperor, that the projects of French ambition feemed to tend to maturity with the mod deady and rapid courfe. Confiderable advances had already been made towards the formal ceflion of the important provinces of Agra and Delhi to the French government, and towards their final union with that didant kingdom. Fortunately for the independence of the neighbour¬ ing dates, and the fafety of the Britidr empire, that nobleman who at this critical period had been appoint¬ ed to the government of India poiTefled a complete knowledge of the ehara&er and views of the French Vigorous nation. Soon after the arrival of the marquis of Wel- governmentlefly in the ead, his innate penetration, and unwearied of Marquis jndudry in acquiring the knowledge of Indian politics, Wditfly. enabled him to difcover the whole range and extent of thofe plans of hodility which the French had medi¬ tated in Afia. He was fully apprifed of the dangerous fituation of the Britiih empire in that quarter of the globe j and with equal promptitude and energy he em¬ ployed the whole refources of its power in order to avert or repel the danger. It was, however, at Hyderabad in the Deccan that the impatience and aftivity of French intrigue fird compelled him to meet actual hodility in the field : an infurre&ion of the French officers there had wreded from the Nizam the whole authority over his army, and in fadt, bad already converted that faithful and peaceable ally of the Britiffi into an open enemy. By a hidden and unexpedled movement of a fmall part of our army, that had been prepared for this purpofe, thefe officers were all fuddenly apprehended, and the allegi¬ ance of the Nizam, and the fubordination of his army, were almod indantaneoufly redored. This fird aft of the marquis Wellefly, though fcarcely heard of in Europe, certainly augured favourably of his govern¬ ment ; for it not only paved the way to his fubfequent fuccefs againd the Myfore, but from its promptitude and decifion it deferved to be ranked among the mod meritorious meafures of his whole adminidration. The vengeance of the king of Myfore, for his former Ioffes and defeats, had not fuffered him to enjoy a mo¬ ment of tranquillity after the late pacification (d). He had in faft been raifing up a Mohammedan confe¬ deracy, which was to confid of the grand feignior, the Perfian chiefs, the nabob of Oude, and the Nizam ; and was intended for a purpofe, no lefs fplendid in the eyes of the faithful, than the extirpation, not only of the Britifh, but of all the enemies of Tflamifm throughout Flindodan The army of this prince was fully pre¬ pared to take the field, but the fortunate event that ha-s Vol XL Part I. 3 ] I N D jud been related, had deprived him of the co-operatkm Indl*. of the Nizam, his neared, and therefore his mod effi- " f cient ally. The native princes of India are in general far more prompt in imbibing refentment, and in learning maxims of hodility againd their neighbours, than cautious or prudent in their application. Their French indruftors were alfo at this period, fo much intoxicated with the new form which their own government in Europe had affumed, that they had indituted a fociety, in the capi¬ tal of Myfore, for the romantic purpofe of Ipreading the doftrine of liberty and equality among the defpots and Haves of Afia. The fovereign of Myfore himfidf was eafily perfuaded to become an honorary member of this inditution, where he appeared among its afloci- ates under the name of Citizen Tippoo, an appellation perhaps the mod awkward and incongruous that had ever been affumed by an eadern defpot. The wild and frantic orifons that were daily poured forth in this club, in favour of an imaginary liberty, v'ere condant- ly accompanied with fentiments of detedation, and vow’s of eternal hodility, againd the Britilh government j its forces were therefore indantly prepared and march¬ ed into the field to meet an aggreffion, which there , had been fo little care taken to conceal. Pad experi¬ ence had taught the Britiih officers to avoid the purfuit of a native army in its rapid and difcurfive evolutions in the field j the Britilh, therefore, marched direftly to¬ wards the capital of the enemy, which fell, but not till two decided viftories had been obtained without its walls, and alfo an obdinate defence had been made in the interior of the city. In this lad conflift (e), which Fall of Tip* was maintained by both the aflailants and the natives?00 with equal valour and obdinacy, much blood was fpilt, *‘iS ca^ta^ and the lives of many brave men were lod, among the red that of Tippoo Sultaun, whofe body was found, after long fearch, among heaps of the fiain, where he had fallen nobly defending the lad bulwark of his king¬ dom, and w here, however unfortunate he may be deem¬ ed in other refpefts, he at lad met with a fate not un- worthy of his bravery. By the pacification at Hyderabad, the fall of Se- ringapatam, and the death of Tippoo Sultaun, the Mohammedan branch of the grand confederacy, which the French had raifed againd the Britiffi power in In¬ dia, was completely broken and finally dedroyed. For although the few remaining adherents of the deceafed monarch made fome defperate efforts for the redoration of his family, thtfe wore rendered abortive by the afti- vity and vigilance of thofe Britiffi officers who had been left in charge of the conquered country (f). The campaign againd the Myfore was, therefore, completed by a fignal aft of judice, as creditable to the govern¬ ment of India, as the late brilliant fucc< fies had been honourable to the Britiffi arms. The greater part of the vanquiffied territory was redored to the rajah of My¬ fore, and his ancient family again mounted that throne, G g from (d) Effefted by Marquis Cornwallis. (e) This memorable attack was led by General Baird, who had been for three years confined in a dungeon by the tyrant. \ _ (f) Particularly by Sir Arthur Wellefly, who fignalized himfelf by the defeat of Doondea Waugh, the mod fieady adherent of Tippoo. I N D [ 234 1 I N D India, from which they had been driven by the treachery and ■ii»" r »« nfurpation of Tippoo and his father : nor did the ven¬ geance of the Britifh, though hurled with luch de- ltru£txve rapidity againft the mott formidable and in¬ veterate of all their enemies, prevent them from afford¬ ing fympathy and relief to the furviving family of the Myforean kings 5 ample endowments were fet apart for their fupport, which they ftill continue to enjoy, with perhaps equal comfort, and certainly with greater fe- eurity, than in the molt profperous days of the fortunes of theifchoufe. This train of important and fuccefsful events took place during the fhort fpace of only a few months after the arrival of the marquis of Wellefly, and they cer¬ tainly entitled his adminiftration to rank with the moft active and brilliant that had ever been difplayed by any governor of India 5 according, however, to his views of the ftate of that country, he muft have regarded his labours as fcarcely half finilhed. He faw the immenfe power of the Mahratta empire ftill remaining not only unbroken, but daily increafing, and confolidating under the adtive and unceafing operation of French influence. A French ftate, as already noticed, of large extent and formidable power, had been framed by the fuccef- live labours of Generals de Boyne and Perron, around the capital of India. This nafcent power the all-de¬ vouring ambition of the new emperor had already grafped as a rich prize, and its deftru&ion became therefot'te abfolutely neceflary to the fafety of our empire in India, fince, amidft all the multiplied aggrefiions of his neighbours, the ufurper had uniformly diftinguifhed the Britifh nation as the marked, though perhaps not the ultimate objedl of his hoftility. The reduction of a hoftile power fo immediately In the vicinity of our poiTeflions, might certainly have juftified a war ; but as no aftual aggreflion had yet been committed in that quarter, it was on the other fide of the peninfula that the marquis of Wellefly was again firfl: called upon for the aftive fupport of the interefts of his government : the danger became at once prefling and immediate by the ufurpation of the whole Mahrat¬ ta power by a fingle chief ; and the caufe of the fugitive 184 was identified with our own. "No balance The politics of India were never fo refined, or con- of power fiderate, as to admit of a balancing fyftem, by which Indian ln ^le overgrown power of any individual ftate might be prevented from endangering the independence of the reft. Hardly any eircumftance of common danger has ever been deemed fufficiently urgent, to unite the native princes in the defence of the country even againft; foreign invafion. During the conteft between the Bri- tifh and the king of Myfore, the Mahrattas obferved a fufpicious neutrality: they gazed on the combatants with an indifference that bordered on fatuity and which ftrongly foreboded the diffblution of their ftate. After the fall of that kingdom, their empire aftually fell into a ftate of anarchy that demanded the moft; prompt .meafures of precaution for the fafety of the Britifh ter¬ ritories, and thofe of its allies, which lay around its frontiers. The conftitution of their empire, originally ill conftrudled and undefined, had lately been radically changed. The ancient rajahs of Satarah, who had originally laid the foundation of its power, and ex¬ tended its influence over the peninfula with fuch un¬ exampled rapidity, had gradually funk from the rank of fovereigns to imbecility, and, owing to the per- India, fonal ambition of their fervants, fell into a ftation, ifu—'V—J not of abfolute privacy, at leaft of complete infignifi- cance. Their minifters, already become hereditaryTn their offices, and too powerful for controul, had fufficient influence to remove the feat of government from Sa¬ tarah, and to conftitute the town of Poonah the capital of the empire. There, removed from the eyes of the princes, they no longer deigned to preferve further al¬ legiance, than the femblance of delegated power j they accordingly retained the appellation of Pefhwa, but compelled the fubordinate members of the confederacy to acknowledge them as the legitimate organ of the whole executive power of the ftate, whether civil or military. It is, however, fcarcely poffible, accurately to define either the rights or the power attached to the Pefhwa, after his being acknowledged reprefen- tative of the fupreme head of the empire. The ex¬ tent of his prerogatives feems to have varied at dif¬ ferent times, according to the perfonal talents and am¬ bition of each incumbent in the exercife of this recent power. Bajee Rao, the prefent Pefhwa, from that imbecility and indolence which in Afia is fo often attached to high ft at ions, had devolved upon inferior agents almoft the whole of the aftive duties of his office. His power had frequently been difputed or controlled j he had at different times nearly become a prey to the ambition of the fubordinate chiefs j and, at the period now under review, though defended by Scindiah, hs had been completely defeated by Flolkar’s troops, and obliged to flee for fecurity beyond the limits of his own dominions. The danger to the Britifh poffeffions, and thofe of their allies, became prefling and immediate, from this ufurpation of almoft the whole Mahratla power by the hands of a fingle chieftain j and the caufe of the Pt fhwa thus became identified with that of our India govern¬ ment. A treaty of defenfive alliance between the India Company and the* Pefhwa, w^as therefore drawn up at the earneft folicitation of that prince, and was finally ratified at Bafiein, where he had fled from the aggref- fions of Hoikar for proteftion. By this inftrument, it was ftipulated, that he fliould be reftored to his domini¬ ons, and to the exercife of his legitimate authority, on condition of his maintaining for the defence of his ter¬ ritories, and at his own expence, a brigade of Britilh troops; which it was at firft agreed fnould confift of 6000, but afterwards the number was increafed to 10,000 men. The terms of this convention were no fooner arranged, than the Britifli army, under Sir Arthur Wellefly, marched towards Poonah with that promptitude and deci- fion which have always diftinguiftied the fervices of this ^ valuable officer. The jrapidity of his movements, and his unexpected advance, favedthe capital from deftruc-ken. tion ; for the troops of Hoikar, who had continued to pillage the city, fince it fell into their poffeffion, had at laft refolved to finifh the cataftrophe, by fetting it on fire. Alarmed, however, by the fudden approach of the Britifh army, they fled from the place with the ut- moft precipitation, and foon after abandoned the ter¬ ritory of Poonah. Room was thus made for the peace- I N D C 235 ] I N D India. 1S6 Combina- tkm of the Mahratta chiefs. able reflorationof the depofed fovereign; and the Pefh- ' wa, when he afterwards arrived, was received by his fubjects, not merely with fubmiffion and quietnefs, but with every mark of the fincerell joy and fatisfaflion. During his abfence the inhabitants bad been fubje&ed to the fevered; forms of military execution •, and forced to fubmit to the various exactions of a chief the moll needy, defperate, and rapacious, of all the leaders of the preda¬ tory bands of his countrymen. When, therefore, they again beheld their lawful fovereign, they greeted his re¬ turn by falutes from all the forts in his kingdom, and tefti- fied their joy, by illuminations on the tops and acclivities of the hills throughout the whole vicinity of Poonah. Thus far the meafures of the governor of India wore an afpeft of confilfeney and vigour, which au¬ gured well in favour of their ultimate fuccefs. The juitice of his interference at this time, to check the overgrown power of an afpiring adverfary, and to fuccour the dilfrefs of a fallen prince, will hardly be queftioned by fuch as are verfant in the politics of In¬ dia: Nor will it be denied, fince all the Mahratta princes exercifed the right of making treaties themfelves, that the fame privilege belonged to the head of the empire. According to thefe views, the defenfive treaty of BalTein was not only avowed by the parties, but freely communicated to the reft of the chiefs, who explicitly declared, that it contained no ftipulations injurious either to the principles of their conftitution, or to the juft rights of any member of the Mahratta confederacy. On the other hand, its advantages were fufficiently ob¬ vious. It had the immediate effedt of reftoring a depo¬ fed prince to his throne, and to the exercife of his ac¬ knowledged rights, as well as of checking a dangerous ufurpation. It detached from the influence of French councils a very important branch of the Mahratta con¬ federacy, and therefore coincided with the general tendency and fpirit of the Britifti policy in the eaft. But the power of the Pefhwa, and the predominant rights which, by the conftitution of the empire, were at¬ tached to his office, had, as was already noticed, be¬ come a grand objedt of ambition among the more con- fiderable chiefs. Scindiah had for many years labour¬ ed to gain an afeendency at the court of Poonah, and on fome occafions adtually poffeffed a powerful influ¬ ence on its councils. Ragojee Boonfla had, from fa¬ mily connedlion, fome grounds for the advancement of his own claims to this office j while Holkar had lately, by the fortune of war, had the whole authority placed within his grafp, and in the name of Amrut Rao, bro¬ ther to the Pelhwa, had actually begun to exercife its different prerogatives. The final deprivation of thefe chiefs, of fo fair an objedt of ambition as the general controul of the whole Mahratta empire, feemed to reproach their indolence and want of ambition j and the nearer they confidered its attainment, the ftronger the jealoufy and difap- pointment which its lofs occafioned. The deep refent- ment thus excited among thefe chiefs, though unac¬ knowledged by themfelves, was the true caufe of that open hoftility which they were now about to commence againft the Britiffi power. Thus impelled by the ftrong emotions of difappointed ambition, Scindiah and the rajah of Nagpore entered into a clofe engagement to fruftrate the arrangements lately ftipulated by the treaty of Baffein. In order to execute this purpofe, India each chief fet on foot a large army, which was marched from different quarters to a point of union, bordering on the territories of the Nizam, an ally of the India company. This menacing pofition they maintained for a con- fiderable time, in order to complete their own prepara¬ tions, and the more effectually to urge Holkar to join their confederacy j nor could they beptriuaded to aban¬ don it by the ftrongeft remonftrances of out govern¬ ment againft military preparations fo unneceffary for their own defence, and in a fituation fo incompatible with the peace and fafety of the Britifti allies. How¬ ever unwilling the marquis of Welleily might be to hazard the tranquillity and fafety of the Britiffi empire in the eaft by entering into a conteft with thefe power¬ ful chiefs, whofe dominions adually ftretched over more than one-half of the peninfula of India, he had however no alternative left him. ’i he full and pofi- tive information which he had from various fources ob¬ tained, of the nature and extent of the hoftilities that had for fome time paft been meditated, was now con¬ firmed by the menaces of the enemy, and the a&ual preparations that he had made to carry them into exe¬ cution. He forefaw the dangerous crifis which was now fo near at hand ; and the hollow profeffions of friendlnip which were conftanlly fent in reply to his remonftrances, did not for a moment prevent him from bringing forward the whole refources of his government to defeat their enterprifes. igy A combination of the Mahratta empire, fo extenfive Armies fent and powerful as that now formed by the confederates, againft had never hitherto been brought into aftion againft thetheai* Britiffi power j and it mull be acknowledged alfo, that a fyftem of defence, equally prompt, vigorous, and com- prehenfive, was never planned by any former governor of Britifti India. Five different armies, each of con- fiderable force, v^ere fpeedily prepared, brought into the field, and ready to invade the vaft territory of the enemy, nearly at the fame period of time. The value of the previous arrangements that had been formed with the Nizam and the Pelhwa, particularly the fub- fidiary treaties, was now diitinClly felt. By them the Britiffi army was enabled to proceed through the friendly territories of allied chiefs, to the very bounda¬ ry of the Mahratta dominions, where it was joined by a large fubfidiary force both from Hyderabad and Poonah, which materially promoted the fuccefs of the campaign. The marquis thus was enabled to attack the extenfive dominions of the enemy, from almoft every affailable point, by an effort almoft liraultaneous. On the fouth they were invaded by a powerful divi- fion of the Madras army under Sir Arthur Wellelly j in Guzerat, on the weft, by Colonel Murray, and a ftrong detachment of the Bombay troops j a fimilar ef¬ fort wTas alfo made by General Lake on the northern extremity of Scindiah’s dominions, where the main ftrength of his army was ftationed in conjun£lion with the celebrated brigade of General Perron. On the eaft, in Bundelcund, the fame fyftem of attack wa£ purfued, where the adherents of the confederacy Ali Mohammed and Himnut Bahaudur were overpow'ered and difperfed. During the execution of all thefe ope¬ rations, the provinces of Balafore and Cuttack were wrefted from the rajah of Nagpore, by the immediate direction and under the aufpices of the governor-gene- G er 2 ral I N D [ 236 ] I N D India, ral himfelf who had planned and combined all thefe af- faults with a degree of judgment and accuracy which fecured their uniform fuccefs, and which has proved as creditable to his own talents as the prompt execution of his plans has been honourable to our Indian armies. But the circumftance which appears moft fignally to have promoted the fuccefs of this eventful campaign, was the ample and unreftri&ed authority which was conferred on the different commanders carrying on their operations fo far removed from the feat of government. It was thus thefe officers were enabled to meet every new exigency by the unreftrained application of all their refources, and to furmount or evade unforefeen difficulties, as they happened to arife, by the immediate exercife of difcretionary power. The unexampled ra¬ pidity of our victories, and vaft extent of the con quells that were made in the ffiort fpace of a few months, muft be in fome meafure alfo afcribed to that juft tri¬ bute of commendation which was fo impartially and liberally beftowed on the officers and troops after their hard-fought battles. This approbation, equally merited and ufeful, infpired the army with a juft confidence in its own ftrength, and preferved among the troops un¬ common alacrity amidft their fatigues and danger. The ftrong partiality which the marquis of Wellef- ly muft have naturally felt for the brilliant fervices of his brother, on no occafion prevented him from dif- •erning the merits of other officers, and from confer¬ ring on them their juft (hare of applaufe. Immediately after the battle of Delhi, he expreflfes his fenfe of the fervices of General Lake and his army in the following fpirited and patriotic terms in his general orders to the troops. He obferves, that “ on reviewing the rapid fuccelfes obtained by our arms within the ffiort fpace of a few months, every loyal fubjedt of the Britiffi empire muft be animated with the moft zealous emotions of juft pride and national triumph. I have already expreffed the fentiments of gratitude and admiration with which I contemplated the conduft of his excellency the com¬ mander in chief, and his army, in the a£iion of the 29th of Augult, and in the gallant affault of the fortrefs of Ally Ghur on the 4th of September. The decifive victory gained on the 1 ith, in the battle of Delhi, juf- tifies the firm confidence I repofed in the bravery, per- feverance, and difcipline of the army, and in the fkill, judgment, and invincible intrepidity of their iliuftrious commander The glory of that day is not furpaffed, by anv recorded triumph of the Britiffi arms in India ; and is attended by every circumftance calculated to elevate the fame of Britiffi valour, to illuftrate the character of Britifti humanity, and to fecure the liability of the Bri¬ tiffi empire in the eaft.” The bravery of Sir A. Wellefly and his armyv their atchievements in the memorable battles of Alfye and Argaum in the Deccan, were not lefs confpicuous ; nor were the general merits of this officer lefs worthy of thofe liberal and manly encomiums which he received from the marquis. Both commanders enjoyed the ap¬ probation of their fovereign, and received from him thofe honours uffiich are the reward of valour. Fortu¬ nately too for the interefts of the Britiffi empire, aflail- ed at this period by the moft inveterate of all its ene¬ mies, the folid advantages refulting from thofe well eontefted battles were not inferior to the fplendour of theit atchievement. Their immediate confequences were the defeat of India, the combined armies of the confederate chiefs j and, ‘v—— from the lofs of their artillery, an irreparable blow to Thei'r8^r;| their ftrength and refources throughout the whole of i;ant fuc_' the Deccan. Thefe profperous refults were, no doubt, cefies. aided and accelerated by the aufpicious progrefs of the army at all the different points from which it invaded the Mahratta empire. Soon after thefe fucceffes, the French officers attached to Scindiah’s army, after ha¬ ving quarrelled with the native firdars and with each other, abandoned the fervice of that chief: after the example of Perron their principal partizan, they fub- mitted to the proteflion of the Britifti commander, who fuffered them to retire with whatever property they had acquired, and had been able to bring away. Thus the grand fabric of French power which that fiation had been anxioufly railing up, with the affu- med fandtion of the imperial authority, and the more efficient fupport of the Mahratta power, was at laft broken down, and completely deftroyed throughout the whole of India. The conqueft of Balafore and Cuttack by Colonel Harcourt feemed well calculated to prevent its future renovation $ for it connedled the two prefi- dencies of Bengal and Madras, and united the Britiffi territories along the whole extent of the Coromandel coaft, where they now prefent an unbroken and hoftile frontier againft every inroad from the ffiore, and form a barrier againft the introduction of French fupplies, and officers to difcipline the armies of every inimical power. The ftrong detachment of the Bombay army under Colonel Murray, though engaged in enterprifes appa¬ rently lefs fplendid, were equally ferviceable in promo¬ ting the important refults of the campaign. This offi¬ cer not only defended the coaft and Britiffi territory in that quarter, and thofe of our ally the Guickar rajah but he alfo reduced the fortreffes of Broach, Powanghur, and other polls of importance. Thus, in every quarter of this extended warfare, was the Britifli eaufe trium¬ phant j—on the Ihores of Guzerat and Balafore, on the mountains of the Deccan, and in the plains of Del¬ hi, her banners were fupported with equal energy and fpirit ; and victory everywhere continued fteadily to follow them. In the fpace of a few months, a rapid fucceffion of events had taken place, of fufficient importance to change completely the relative condition of the Britiffi empire, and the different powers of India. Its power was enlarged j and its afcendeney among the neigh¬ bouring ftates was without controul. Seven hundred pieces of cannon had been taken from the enemy j their armies routed and difperfed. Eight fortreffes had been reduced, either by liege or by efealade. The mighty ftrength of the French and Mahratta confede¬ racy had been fuddenly cruffied throughout a territory extending over 1000 miles iquare. What feemed, how¬ ever, of no lefs importance, in thefe warlike times, and in the critical fituation of the Britifti empire, then at¬ tacked and threatened with invafion, by its moft power¬ ful and inveterate enemy in Europe } her military re¬ putation was heightened ; the laurels the had lately ga¬ thered in Syria and Egypt were refrethed j and the en¬ joyed a fatisfacfory proof, that amidft increafing luxury and imminent danger, no portion of the enterprife and valour of her armies had been loft. Nor is it to be forT, gottsjy a I N D [ 237 ] I N D gotten that all her late victories in the eaft, had been obtained over troops not in the ordinary circumftances of Indian armies. They had been difciplined by Eu¬ ropean officers, and led with intrepidity and Ikill. The proficiency they had made in European taftics was fo great, that during the action at Affye, the Mahrattas made no lefs than five different changes of pofition, and fuftained on the fame day an equal number of affaults, before they yielded theconteft. It was by the point of the bayonet alone, that they were at laft compelled to relinquilh their guns j ICO of which were taken on the field of battle, by an army fcarce amounting to a tenth part of the number of that which they had, with fuch fingular bravery, driven from the field. The Mahratta confederacy being finally fubdued, a peace was concluded between the India Company, Dowlut RaoScindiah, and the Berar rajah, in January 1804. The ffiort period off tranquillity that fucceeded this event was fpeedily interrupted by Holkar, another powerful chief, whofe expulfion of the Pefhwa had originally occafioned the war. This prince, though he kept aloof from the confederacy of his countrymen, with an indifference which feemed to argue at once a deficiency of patriotifm and a want of found policy, was, neverthelefs, found to maintain the conteft for his independence with far greater Ikill and bravery than^any prince-whom the Britilh arms had oppofed in India. The power and refources of Holkar had gradually been increafed, like that of the other chiefs, by the in¬ troduction of European officers into his army, and by an improved fyltem of difcipline which was thus efta- bliffied. Thus formidable itfelf, his power was render¬ ed almoft unaffailable, from the nature of his country, which is uncommonly mountainous, and, during the rains, impaffable from jungles and moraffes. His Ikill in maintaining the predatory warfare, fo congenial to a Mahratta army, was far fuperior to that of the other chiefs •, whofe experience had fo fully taught him the danger of rilking any regular engagement with Euro¬ pean troops. Thus, although his territories were invad¬ ed on all fides by detachments of the company’s forces, he conftantly eluded their attacks; and by the fingular rapidity of his movements, he was enabled fuddenly to affemble almoft his whole force, and overpower whatever detachments he might find at a diftance from fupport. In this lituation, the troops under Colonel Monfon were furprifed. This officer had marched againft his capi¬ tal Indoor, in concert with Colonel Murray, who had reached the place from Bombay, and captured it with¬ out much oppofition. His lefs fortunate coadjutor, however, after being betrayed by his guides and de- ferted by a part of his troops, was attacked by a fupe¬ rior force under Holkar himfelf, before which he was forced to retreat towards Agra, through a country im¬ paffable from the rains, and deftitute of provifions. Af¬ ter feveral difaftrous conflicls, during a retreat of feven weeks, which degenerated into a flight, the greater part of his guns, and the whole of the baggage and mi¬ litary flares, were loft. A few only of the troops reach¬ ed Agra at midnight, in a ftate of extreme diftrefs ; the greater part had been overtaken in their flight, and were either maffacred, or cruelly mutilated, by their ferocious purfuers. Colonel Willot. of the Bengal artillery was almoft equally unfuccefsful in an attack which he had planned fod againft a ftrong poft in the interior : he failed in the ” ^ attempt, and ibon after died of the wounds he had re¬ ceived. It was in Bundelcund, and the country of the Rohillas, that Holkar received the moft confiderable checks, which produced a reverfe of fortune. From both thofe territories he was completely driven by Lieutenant-colonel Fawcet and General Smith. Parties of his cavalry had been repeatedly defeated by Lord Lake: but the rapidity of their movements as often faved them from deftrudlion ; and it was not till the decifive battle of Deeg, on the 13th of November, that the main ftrength of this enterprifing chief was completely broken. At this place his army, trufting to the great ftrength of its pofition, behind fucceflive ranges of batteries, was induced to hazard a general adlion. From thefe different batteries, which extended to the depth of two miles, they were fucceffively driven by the gallant General Frazer, who had the credit of forcing a poft which had been deemed impregnable j and which at this period was defended by 24 battalions of infantry, and 150 pieces of cannon. In this brilliant atchievement the general was wound¬ ed in the leg, and foon after was obliged to be carried off the field. The completion of the viftory thus fell to Colonel Monfon, who now faw complete vengeance inflidled for his pall difafters, and for the unexampled cruelty of his enemy ; 2000 of whom were killed, ei¬ ther in the battle or during the retreat. An immenfe number was wounded, and among thofe many confider¬ able chiefs ; while 87 pieces of cannon fell into his hands, which partly confifted of the lame guns which he had himfelf loft during his difaftrous retreat to Agra. Had Holkar confided merely to his effeftive force in the field, his caufe might have now been regarded as defperate. His boldnefs, however, and his unexampled fuccefs, had gained him the fupport of feveral of the native princes. Among thefe he had feduced the rajah of Bhurtpore, an ally of the Britilh, and the chief of the celebrated call of the Jauts, the moft warlike tribe in upper India. General Lake was therefore obliged to concentrate his army, and to employ it in the reduc¬ tion of Bhurtpore, a fortrefs which experience has pro¬ ved to have been the ftrongeft and moft impregnable in the whole peninfula. While thus employed, the dif- perfed troops of Holkar had time to rendezvous in dif- tant quarters ; and were fuccefsful in cutting off hie fupplies of provifions, and in plundering the lurround- ing diftr'nfts, by that predatory mode of warfare, foe which the Mahrattas have always been celebrated. The reduftion of Bhurtpore, thus defended by the indefatigable efforts of Holkar, by its intrepid garrifon, and its own natural ftrengtb, proved the moll arduous enterprife which the Britilh troops had ever under¬ taken in Afia. The fuecefs of the Sefieged in repelling four different affaults, animated them with frelh courage and intrepidity. The rajah and his whole tribe were united by the ties of blood, as well as of civil authority. They had claim to a high cnjl among the natives, which they knew muff be forfeited forever by uncondi¬ tional fubmiffion : Unfortunately thefe were the only terms which General Lake, in the peremptory inftruc- tions which were given for its reduction, was permit- ^ ted to accept. The rajah, therefore, having collected in tht? I N D r 238 ] I N D the fort, his women, his children, and his treafures, refol- ved to bury them all with himfelf under its ruins, rather than fubmit to terms which were deemed as difgraceful to his religion and his rank, as they were mortifying to his feelings as a foldier. Compelled by the orders of his fuperior, and un¬ daunted by all the pad difafters which the troops had already fullered, General Lake refolved to hazard ano¬ ther attempt. In the account given of it in his difpateh to the governor-general, dated 22d February, he ob- ferves, that “ it appeared our failure on the 20th was to be accounted for, in a great meafure, by the occur¬ rence of unexpected accidents and delays, as part of the corps who formed the tiorming party had furmounted the principal difficulty, and had nearly gained the fum- mit of the baflionj where, I was informed, a few hours more battering would make the afcent perfedly eafy. I determined to make another attempt yefterday. “ The party for this fervice confided of the whole European force, and the two battalions of the native infantry of the Bengal army j and the greater part of his majedy’s 55th and 86th regiments, the grenadier battalion, and the dank companies of the id battalion 3d regiment, from the Bombay divifion. The whole moved on to the attack about three o’clock in the af¬ ternoon, under the command of the honourable Briga¬ dier Monfon. The troops, mod confident of fuccefs, commenced the attack, and perfevered in it for a con- fiderable time, with the mod determined bravery; but their utmod exertions were not fufficient to enable them to gain the top of the breach. The badion, which ivas the point of attack, was extremely deep ; the re- fidance oppofed to them u'as vigorous, and as our men could only mount by fmall parties at a time, the ad¬ vantages were very great on the fide of the enemy. Difcharges of grape, logs of wood, and pots filled w ith combudible materials, immediately knocked dowm thofe who wrere afcending; and the whole party, after hav¬ ing engaged in an obdinate conted for two hours, and fuffering very fevere lofs, was obliged to relinquiffi the attempt, and to retire to our trenches.” The lofs of the Britidi army in this lad aflault, and that of the 20th, amounted to 300 killed, and 1564 wounded : its w'hole lofs during the different attacks, amounted to upwards of 3000 of the braved of our troops ; while the unconditional furrender of the place, though the ul¬ timate objeCl of all thefe perilous attempts, was never attained. The rajah, however, again propofed the terms he had formerly offered ; and confented to pay three lacks of rupees to the army, and the expences of the war. Hodages w’ere given for the regular difeharge of thefe fums, at different indalments. Thus the lad prince in India who redded the Britiffi arms, was found to have made the mod glorious defence of his independence, and to have fecured for himfelf the mod honourable terms. Holkar himfelf, after having been often beat¬ en, was at lad delerted by aimed the whole of his troops, and was obliged to efcape with a retinue fo fcanty, as was hardly fufficient for the protection of his perfon. In this manner, an arduous campaign of 11 months wras completed, after occafioning a greater lofs of blood and treafure than had, perhaps, ever been in¬ curred by the fubjugation of any fingL; chief Nor did this daring and magnanimous prince deign to render i 2 fubmiffion, or to fue for peace, till the marquis of Wei- India ledy had returned to Europe ; till he had beheld the . i! downfall of all the leading men of his nation ; and till. fil'-“Ctmen^ like another Galgacus, he had fecured to himfelf the honour of being the lad prince who had dared to up¬ hold the dandard of independence in his native coun¬ try. Thus ended the conted between the Britiffi govern¬ ment and the Mahratta dates ;—a combination of mili¬ tary chiefs who had fuddenly emerged from obfcurity, and rofe to the highed rank among the native powers. Their growing influence had invariably been hodile both to the Mohammedan and Britiffi power. Their vicinity was the fertile fource of intrigue, dratagem, and war : By their downfall, the India Company has obtained a full afcendency over the peninfula; time and future experience will drew whether this new authority ffiall better promote the peace and profperity of that populous country. India Company. See Company. India Rubber. See Caoutchouc. INDIAN, in a general fenfe, denotes any thing be¬ longing to the Indies, Ead or Wed. Indian Berry. See Menispermum,’ Indian, Bread. See Jatropha, Indian Com, or Maize. See Zea, Botany Indian Crejfes. See TROPiEOLUM, f Index. Indian Fig. See Cactus, Indian Pagod-tree. See Ficus, J Indian Ink. See Ink. Indian Reed. See Canna, Botany Index. INDICATION, in Phyfic, whatever ferves to di¬ rect the phyfician how to ail. INDICATIVE, in Grammar, the fird mood or manner of conjugating a verb, by which we firnply affirm, deny, or afk fomething: as, amant, “ they love;” non amant, “ they do not love ;” amant ne ? “ do they love ?” See Grammar. INDICTION, in Chronology, a cycle cf 15 years. See Cycle. INDICTMENT, in Law, one of the mbdes of pro- fecuting an offender. See Prosecution. In Engliffi law, it is a written accufation of one or more perfons of a crime or mifdemeanor, preferred to, . and prefented upon oath by, a grand jury. To this end, the ffieriff of every county is bound to return to Blackjl. every feffion of the peace, and every commiffion of oyer Comment\ and terminer, and of general gaol-delivery, twenty-four good and lawful men of the county, feme out of every hundred, to inquire, prefent, do, and execute all thofe things, which on the part of our lord the king ftrall then and there be commanded them. They ought to be freeholders ; but to what amount is uncertain : which feems to be cafus omijfus, and as proper to be fupplied by the legiflature as the qualifications of the petit jury ; which were formerly equally vague and un¬ certain, but are now fettled by feveral acts of parlia¬ ment. However, they are ufually gentlemen of the beft figure in the county. As many as appear upon this pannel, are fworn upon the grand jury, to the amount of twelve at the leaft, and not more than twenty- three ; that twelve may be a majority. Which num¬ ber, as well as the conftitution itfelf, we find ex- wilk, Z.L a£Uy deferibed fo early as the laws of King Ethelred : Ann. Let. Exeunt feniores duodecim thani, et preejelius cum eis, utn-r jurent I N D [2 ln&\&.ratr&.jurent fuper [an&uarium quod eis in matins datur, quod nolint ullum innocentum accufare, nee aliquem noxium celare. In the time of King Richard I. (according to Hoveden), the procefs of elefting the grand jury, or¬ dained by that prince, was as follows: Four knights were to be taken from the county at large, who chofe two more out of every hundred j which two affociated to themfelves ten other principal freemen, and thofe twelve were to anfwer concerning all particulars re¬ lating to their own diftrift. This number was probably found too large and inconvenient j but the traces of ' this inftitution hill remain, in that fome of the jury muft be fummoned out of every hundred. This grand jury are previoufly inftru&ed in the articles of their in¬ quiry, by a charge from the judge who prefides upon the bench. They then withdraw to fit and receive in¬ dictments, which are preferred to them in the name of the king, but at the fuit of any private profecutor; and they are only to hear evidence on behalf of the profe- cution for the finding of an indiftment is only in the nature of an inquiry or accufation, which is afterwards to be tried and determined j and the grand jury are only to inquire upon their oaths, whether there be fufficient caufe to call upon the party to anfwer it. A grand jury, however, ought to be thoroughly perfuaded of the truth of an indictment, fo far as their evidence goes; and not to reft fatisfied merely with remote probabili¬ ties ; a doCtrine that might be applied to very oppref- live purpofes. The grand jury are fworn to inquire only for the bo¬ dy of the county, pro corpora comitatus ; and therefore they cannot regularly inquire of a faCt done out of that county for which they are fworn, unlefs particularly enabled by aCt of parliament. And to fo high a nicety was this matter anciently carried, that where a man was wounded in one county, and died in another, the offen¬ der was at common law indictable in neither, becaufe no complete aft of felony was done in any one of them : but by ftatute 2d and 3d Edw. VI. c. 24. he is now in¬ dictable in the county where the party died. And by ftatute 2 Geo. II. c. 21. if the ftroke or poifoning be in England, and the death upon the fea or out of Eng¬ land, or vice verfa, the offenders, and their acceffories, may be indifted in the county where either the death, poifoning, or ftroke, fhall happen. And fo in fome other cafes ; as particularly, where treafon is commit¬ ted out of the realm, it may be inquired of in any county within the realm, as the king fhall direft, in purfuance of ftatutes 26 Hen. VIII. c. 13. 3 3. ; Hen. VIII. c. 23. 35. ) Hen. VIII. c. 2. 5. 6. ; Edw. VI. c. xi. And counterfeiters, wafhers, or minifhers, of the current coin, together with all manner of felons and their acceffories, may, by ftatute 26 Hen. VIII. c. 6. (confirmed and explained by 34 and 35 Hen. VIII. c. 26. § 75, 76.) be indifted and tried for thofe offen¬ ces, if committed in any part of Wales, before the juf- tices of gaol-delivery and of the peace, in the next ad¬ joining county of England where the king’s writ run¬ neth : that is, at prefent in the county of Hereford or Salop j and not, as it fhould feem, in the county of Chefter or Monmouth : the one being a county pala¬ tine where the king’s writ did not run ; and the other a part of Wales, in 26 Hen. VIII. Murders alfo, whether committed in England, or in foreign parts, may, by virtue of the ftatute 33 Hen. VIIL c. 23. be inqui- 59 ] 1 N D red of and tried by the king’s fpecial commiflion in any 1 {hire or place in the kingdom. By ftatute 10 and II W. III. c. 25. all robberies, and other capital crimes, committed in Newfoundland, may be inquired of and tried in any county in England. Offences againft the black aft, 9 Geo. I. c. 2 2. may be inquired of and tried in any county of England, at the option of the profecutor. So felonies, in deftroying turnpikes, or works upon navigable rivers, erefted by authority of parliament, may, by ftatutes 8 Geo. II. c. 20. and 13 Geo. III. c. 84. be inquired of and tried in any adja¬ cent county. By ftatute 26 Geo. II. c. 19. plundering or ftealing from any veffel in diftrefs or wrecked, or breaking any fhip contrary to 12 Ann. ftatute 2. c. 18. may be profecuted either in the county where the faft is committed, or in any county next adjoining*, and if committed in Wales, then in the next adjoining Eng- liih county: by which is underflood to be meant, fuch Englifh county as, by the ftatute 26 Hen. VIII. above mentioned, had before a concurrent jurifdiftion of felo¬ nies committed in Wales. Felonies committed out of the realm, in burning or deftroying the king’s Ihips, magazines, or ftores, may, by ftatute 12 Geo. III. c. 24. be inquired of and tried in any county of England, or in the place where the offence is committed. By ftatute 13 Geo. III. c. 63. mifdemeanors committed in India may be tried upon information or indiftment in the court of king’s-bench in England j and a mode is mark¬ ed out for examining witneffes by commiftion, and tranf- mitting their depofitions to the court. But, in general, all offences muft be inquired into, as well as tried, in the county where the faft is committed. Yet if larceny be committed in one county, and the goods carried into another, the offender may be indifted in either; for the offence is complete in both. Or he may be indift¬ ed in England for larceny in Scotland, and carrying the goods with him into England, or vice verfa; or for receiving in one part of the united kingdom goods that have been ftolen in another. But for robbery, burglary, and the like, he can only be indifted where the faft was aftually committed : for though the carry¬ ing away and keeping of the goods is a continuation of the original taking, and is therefore larceny in thefecond county, yet it is not a robbery or burglary in that jurif¬ diftion. And if a perfon be indifted in one county for larceny of goods originally taken in another, and be thereof convifted, or Hands mute, he fhall not be ad¬ mitted to his clergy ; provided the original taking be attended with fuch circumftances as would have oufted him of his clergy by virtue of any ftatute made previous to the year 1691. When the grand jury have heard the evidence, if they think it a groundlefs accufation, they ufed former¬ ly to endorfe on the back of the bill, Ignoramus ; or, We know nothing of it : intimating, that though the fafts might poflibly be true, that truth did not appear to them. But now they affert in Engliflr more ab- folutely, Not a true bill; or (which is the better way) Not found; and then the party is difeharged without farther anfwer. But a frefti bill may afterwards be preferred to a fubfequent grand jury. If they are fa¬ tisfied of the truth of the accufation, they then indorfe- upon it, “ A true billanciently, Eilta vera. The indiftment is then faid to be found, and the party ftands indifted. But to find a bill,, there muft at leaft twelve IND [240] IND Indi&mciit. twelve of the jury agree : for fo tender is the law of England of the lives of the fubjefts, that no man can be convibted at the fuit of the king of any capi¬ tal offence, unlefs by the unanimous voice of twenty- four of his equals and neighbours •, that is, by twelve at leaft of the grand jury, in the firft place, affent- ing to the accufation j and afterwards by the whole pe¬ tit jury of twelve more, finding him guilty upon his trial. But if twelve of the grand jury alfent, it is a good prefentment, though fome of the reft difagree. And the indi&ment, when fo found, is publicly deli¬ vered into court. Indictments muft have a precife and fiifficient cer¬ tainty. By ftatute I Hen. V. c. 5. all indictments mult fet forth the Chriftian name, furname, and addi¬ tion of the ftate and degree, myftery, town, or place, and the county of the offender ; and all this to identify • his perfon. The time and place are alfo to be afcer- tained, by naming the day and townlhip in which the faCt was committed : though a miftake in thefe points is in general not held to be material, provided the time be laid previous to the finding of the indiClment, and the place lo be within the jurifdiClion of the court; unlefs where the place is laid, not merely as a venue, but as part of the defeription of the fad. But fome- times the time may be very material, where there is any limitation in point of time afligned for the pro- fecution of offenders ; as by the ftatute 7 Will. III. e. 3. which enaCls, that no profecution (hall be had for any of the treafons or mifprifions therein mention¬ ed (except an affaftination defigned or attempted on the perfon of the king), unlefs the bill of indictment be found within three years after the offence commit¬ ted : and, in cafe of murder, the time of the death muft be laid within a year and a day after the mortal ftroke was given. The offence itfelf muft alfo be fet forth with clearnofs and certainty; and in fome crimes particular words of art muft; be ufed, which are fo ap¬ propriated by the law to exprefs the precife idea which it entertains of the offence, that no other words, how¬ ever fynonymous they may feem, are capable of doing it. Thus, in treafon, the fads muft be laid to be done “ treafonably, and againft his allegiance ;” anciently, proditorie et contra ligeantice fuce debitum ; elfe the in¬ diClment is void. In indiClments for murder, it is neceffary to fay that the party indiCled “ murdered,” not “ killed” or “ flew” the other ; which, till the late ftatute, was expreffed in Latin by the word mur- dravit. In all indiClments for felonies, the adverb “ felonioufly,”>/f’/««/Ve, muft; be ufed ; and for burg¬ laries alfo, burglariter, or, in Englifh, “ burglarioufly:” and all thefe to afcertain the intent. In rapes, the word rapuit, or “ raviflied,” is neceffary, and mull not be expreffed by any periphraiis, in order to render the crime certain. So in larcenies alfo, the words fe- lonice cepit et afportavit^ “ felonioufly took or carried away,” are neceffary to every indiClment; for thefe only can exprefs the very offence. Alfo, in indiClments for murder, the length and depth of the wound fhould in general be expreffed, in order that it may appear to the court to have been of a mortal nature : but if it goes through the body, then its dimenfions are imma¬ terial, for that is apparently fufficient to have been the caufe of the death. Alfo, where a limb, or the like, is absolutely cut off, there fucji defeription is need- lefs. Laftly, in indiClments, the value of the thing Inclicftrre*t which is the fubjeCl or inftrument of the offence muft II fometimes be expreffld. In indiClments for larcenies this is neceffary, that it may appear whether it be grand or petit larceny ; and whether entitled or not to the be¬ nefit of clergy. In homicides of all forts it is neceffary; as the weapon with which it was committed is forfeited to the king as a deodand. For the manner of procefs upon an indiClment, fee Process. Indictment, in Scots Law, the name of the fum- mons, or libel, upon which criminals are cited before the court of juftieiary to Hand trial. See Law Index. Plea to Indictment. See Plea. INDIES, East and West. See India and Ame¬ rica. INDIGENOUS, oi indigen a, denotes a native of a country, or that which was originally born or pro¬ duced in the country where it is found. In this fenfe, particular fpecies of animals and plants are faid to be indigenous in the country where they are native, in op- pofition to Exotic. INDIGESTION, a crudity or want of due coClion of the food in the ftomach. See Digestion. INDIGETES, a name which the ancients gave t® fome of their gods. There are various opinions about the origin and fig- nification of this word. Some pretend it was given to all the gods in general ; and others, only to the de¬ migods, or great men deified. Others fay, it was gi¬ ven to fuch gods as were originally of the country, or rather fueh as were the gods of the country that bore this name ; and others again hold it was aferibed to fuch gods as were patrons and proteClors of particular cities. Laftly, others hold mdigetes to be derived from inde genitus or in loco degens, or from inde and ago, for dego, “ I live, I inhabit ;” which laft opinion feems the moll probable. In effect it appears, I. That thefe indigetes were alfo called local gods (dii locales^), or topical gods, w hich is the fame thing. 2. The indigetes were ordinarily men deified, who indeed were in effe£t local gods, being efteemed the protedlors of thofe places where they were deified ; fo that the fecond and third opinions are very confident. 3. Virgil joins patrii with indigetes, as being the fame thing, Georg, i. ver. 498. “ Dii patrii, indigetes.'1'1 4. The gods to whom the Romans gave the name indigetes were, Faunus, Vefta, Alneas, Romulus, all the gods of Italy ; and at Athens, Minerva, fays Servius ; and at Carthage, Dido. It is true, we meet with Jupiter indiges: but that Jupiter indiges is Aeneas, not the great Jupiter ; as we may fee in Livy, lib. i. cap. 3. in which laft; fenfe Servius affures us, indiges comes from the Latin in diis ago, “ I am among the gods.” Among thefe indigetes there is none more ce¬ lebrated, or more extenfively worlhipped, than Her¬ cules. INDIGO, a dye prepared from the leaves and fmall branches of the Indigofera TinBoria. See the next article. INDIGOFERA, the Indigo Plant, a genus of plants belonging to the diadelphia clafs ; and ir. the na¬ tural method ranking under the 3 2d order, Papilionacecc, See Botany Index. This F _E 11 SIA^ ^ PLATE CCLXXXJV E.AfifJu ’///rw/jr- ! i ' PLATE CCLXXXV. EJlfi feLf /iP/Gii Jj/i f mmt m. i? i.11 i I I N D t 241 ] I N D Imligofera. This plant requires a fmooth rich foil, well tilled, and not too dry. The feed of it, which, as to figure and colour, refembles gunpowder, is fown in little furrows that are about the breadth of the hoe, two or three inches deep, at a foot’s diftance from each other, and in as ftraight a line as poffible. Continual attention is required to pluck up the weeds, which would foon choke the plant. Though it may be fown in all feafons, the fpring is commonly preferred. Moifture caufes this plant to {hoot above the furface in three or four days. It is ripe at the end of two months. When it begins to flower, it is cut with pruning-knives j and cut again at the end of every fix weeks, if the weather is a little rainy. It lafts about two years, after which term it degenerates ; it is then plucked up, and planted afrefli. As this plant foon exhaufts the foil, becaufe it does not abforb a fufficient quantity of air and dew to moiften the earth, it is of advantage to the planter to have a vaft fpace which may remain covered with trees, till it becomes ne- celfary to fell them in order to make room for the in¬ digo. Indigo is diftinguiflted into two kinds, the (rue and the bajlard. Though the firft: is fold at a higher price on account of its fuperiority, it is ufually advan¬ tageous to cultivate the other, becaufe it is heavier. The firft will grow in many different foils; the fecond fucceeds beft in thofe which are moft expofed to the rain. Both are liable to great accidents. Sometimes the plant becomes dry, and is deftroyed by an infeft frequently found on it; at other times, the leaves, which are the valuable part of the plant, are devoured in the fpace of 24 hours by caterpillars. This laff misfortune, which is but too common, has given occafion to the faying, “ that the planters of in¬ digo go to bed rich, and rife in the morning totally ruined.” This production ought to be gathered in with great precaution, for fear of making the farina tljat lies on the leaves, and is very valuable, fall off by {baking it. When gathered, it is thrown into the fteeping-vat, which is a large tub filled with water. Here it under¬ goes a fermentation, which in 24 hours at furtheft is completed. A cock is then turned to let the water run into the fecond tub, called the mortar or pounding tub. The fteeping-vat is then cleaned out, "that freftr plants may be thrown in ; and thus the work is continued without interruption. The water which has run into the pounding-tub is found impregnated with a very fubtile earth, which alone conftitutes the dregs or blue fubftance that is the objeft of this procefs, and which muft be feparated from the ufelefs fait of the plant, becaufe this makes the dregs fwim on the furface. To effect this, the water is forcibly agitated with wooden buckets, that are full of holes and fixed to a long handle. This part of the procefs requires the greateft precautions. If the agitation be difcontinued too foon, the part that is ufed in dyeing, not being fufficiently feparated from the fait, would be loft. If, on the other hand, the dye were to be agitated too long after the com¬ plete feparation, the parts would be brought together again, and form a new combination ; and the fait re¬ ading on the dregs would excite a fecond fermenta¬ tion, that would alter the dye, fpoil its colour, and Vol. XI. Part X. make what is called burnt indigo. Thefe accidents Indigofc-ra, are prevented by a clofe attention to the leaft alte- Indiv’du^; rations that the dye undergoes, and by the precaution which the workmen take to draw out a little of it from time to time in a clean veffel. When they per¬ ceive that the coloured particles colleft by feparating from the reft of the liquor, they leave off {baking the buckets, in order to allow time to the blue dregs to precipitate to the bottom of the tub, where they are left to fettle till the water is quite clear.— Holes made in the tub, at different heights, are then opened one after another, and this ufelefs water is let out. The blue dregs remaining at the bottom having acquired the confiftence of a thick muddy liquid, cocks are then opened, which draw it oft' into the fettler. After it is ftill more cleared of much fuper- fluous water in this third and laft tub, it is drained into facks ; from whence, when water no longer filters through the cloth, this matter, now become of a thicker confiftence, is put into chefts, where it entirely lofes its moifture. At the end of three months the indigo is fit for fale. It is ufed, in waffling, to give a bluifti colour to linen : painters alfo employ it in their water-colours ; and dyers cannot make fine blue without indigo. The ancients procured it from the Eaft Indies ; in modern times, it has been tranfplanted into America. The cultivation of it, fucceflively attempted at different places, appears to be fixed at Carolina, St Domingo, and Mexico. That which is known under the name of Guatimala indigo, from whence it comes, is the moft perfedt of all. There are two kinds of indigo prepared in the Eaft Indies, particularly on the coaft of Coroman¬ del, at Pondicherry, &c. Of thefe the worft kind is ufed for giving the body of colour to the dyed fubftance, the other being employed only to give it a glofs afterwards. The fineft is prepared on the coaft of Agra, Mafulipatam, and Ayanoo, but efpecially in the ifland of Java ; but this laft, being extremely dear, is very little ufed by the dyers. The beft ought to X float on the furface of water ; its colour ought to be a very dark blue inclining to violet, bright and fpark- ling, efpecially when broken. It may be tried by diffolving a little in a glafs of water : if pure, it will mix equably with the liquor ; but if otherwife, will feparate and fall to the bottom. Another method of trying the goodnefs of this fubftance is by fire ; for the pure indigo will be entirely confumed, while the ex¬ traneous particles will remain. The pounded indigo is much more fubjeft to adulteration than fuch as is fold in cakes or tablets; as the allies or dirt with which it is mixed are very apt to feparate from the pure colouring fubftance when Handing in a liquid ftate, as it muft always do before the moifture is eva¬ porated : whence, on breaking a bit of indigo fo adul¬ terated, the extraneous matter will be perceived in ftrata of a different colour. INDIVIDUAL, a particular being of any fpecies, or that w hich cannot be divided into two or more be¬ ings equal or alike. The ufual divifion in logic is made into genera, or into genufes; thofe genera into fpecies; and thofe fpe¬ cies into individuals. * - H h INDIVISIBLE, I N D [ 242 ] I N D liKlivifible INDIVISIBLE, among roetaphyficlans.—A thing ^ ^ |l ^ is faid to be abfolutely indivijible that is a fimple being, ,)Ccefen" an<^ con^^s °f no parts into which it may be divided. » t— ‘ Thus, God is indivifible in all refpe&s j as is alfo the human mind 5 not having exteniion, or other properties of body. INDIVISIBLES, in Geometry, the elements or princi¬ ples into which any body or figure may be ultimately refolved ; which elements are fuppofed to be infinitely final! : thus, a line may be faid to confift of points, a furface of parallel lines, and a folid of parallel and fi- irilar furfaces. INDORSEMENT, in Law, any thing written on the back of a deed •, as a receipt for money re¬ ceived. There is like wife an indorfcment, by way of align¬ ment, on bills of exchange and notes of hand j which is done by writing a perfon’s name on the back thereof. INDOSTAN, or Hindostan, Prsper India, or the Empire of the Great Mogul. See Hindostan. INDUCTION, in Logic and Rhetoric, a confe- quence drawn from feveral propofitions or principles firil laid down. See Logic j and Oratory, N° 32. Induction, in Law, is putting a clerk or clergy¬ man in poffeflion of a benefice or living to which he is collated or prefented. See the article Parson.— Induftion is performed by a mandate from the bifliop to the archdeacon, who ufually iffues out a precept to other clergymen to perform it for him. It is done by giving the clerk corporal polTefllon of the church, as by holding the ring of the door, tolling a bell, or the like •, and is a form required by law, with intent to give all the parifluoners due notice and fuf- ricient certainty of their new minifter, to whom their tythes are to be paid. This therefore is the invefti- ture of the temporal part of the benefice, as inflitu- tion is of the fpiritual. And when a clerk is thus prefented, inftituted, and indufled into a re&ory, he is then, and not before, in full and complete poffeffion j and is called in law perfona imperfonata, or parfon im- parfovjiee. INDULGENCES, in the Romilh church, are a remiffion of the puniihment due to fins, granted by the church, and fuppofed to fave the finner from pur¬ gatory. According to the doflrine of the Romilh church, all the good works of the faints over and above thofe which were neceffary towards their own juftification, are depofited, together with the infinite merits of Jefus Chrifl, in one inexhauftible treafury. The keys of this were committed to St Peter, and to his fuccelfors the popes, who may open it at pleafure, and by tranf- ferring a portion of this fuperabundant merit to any particular perfon, for a fum of money, may convey to him either the pardon of his own fins, or a releafe for any one in whom he is interefted, from the pains of purgatory. Such indulgences were firft invented in the nth century, by Urban II. as a recompenfe for thofe who went in perfon upon the glorious enter- prife of conquering the Holy Land. They were af¬ terwards granted to thofe who hired a foldier for that -purpdfe; and in procefs of time were bellowed on luch as gave money for aceomplifhing any pious work enjoined by the pope. The power of granting indulgences has been great- Indulgm- ]y abufed in the church of Rome. Pope Leo X. in ce!i- order to carry on the magnificent Itru&ure of St Pe- w— ter’s at Rome, publilhed indulgences, and a plenary remiffion, to all fuch as Ihould contribute money to¬ wards it. Finding the project take, he granted to Albert eleftor of Mentz, and archbilliop of Magde¬ burg, the benefit of the indulgences of Saxony and the neighbouring parts, and farmed out thofe of other countries to the higheft bidders ; who, to make the bell of their bargain, procured the ableft preachers to cry up the value of the ware. The form of thefe indul¬ gences was as follows : “ May our Lord Jefus Chrift Robertfon't have mercy upon thee, and abfolve thee by the merits CWcr V. of his moll holy paffion. And I, by his authority,vo1-s9’ that of his bleffed apoftles Peter and Paul, and of the moft holy Pope, gfanted and committed to me in fhefe parts, do abfolve thee, fiill from all ecclefiaftical cen- fures, in whatever manner they have been incurred j then from all thy fins, tranfgreffions, and excefles, how enormous foever they may be, even from fuch as are referved for the cognizance of the holy fee, and as far as the keys of the holy church extend : I remit to you all puniihment which you deferve in purgatory on their account 5 and I rellore you to the holy facra- ments of the church, to the unity of the faithful, and to that innocence and purity which you pofleffed at baptifm j fo that when you die, the gates of puniih¬ ment lhall be Ihut, and the gates of the paradife of delight lhall be opened : and if you lhall not die at prefent, this grace lhall remain in full force when you. are at the point of death. In the name of the Father, and of the Son, and of the Holy Gholt.” The terms in which the retailers of indulgences defcribed their benefits and the neceflity of purchafing them, are fo extravagant, that they appear almolt in¬ credible. If any man (faid they) purchafes letters of indulgence, his foul may reft fecure with refpefl to its falvation. The fouls confined in purgatory, for whofe redemption indulgences are purchafed, as foon as the money tinkles in the cheft, inftantly efcape from that place of torment, and afcend into heaven. That the efficacy of indulgences was fo great, that the moll heinous fins, even if one ffiould violate (which was impoffible) the mother of God, would be remitted and expiated by them, and the perfon be freed both from punilhment and guilt. That this was the un- fpeakable gift of God, in order to reconcile man to himfelf. That the crofs erefted by the preachers of indulgences was equally efficacious with the crofs of Chrift itfelf. “ Lo ! the heavens are open j if you enter not now, when will you enter ? For twelve pence you may redeem the foul of your father out of purga¬ tory ; and are you fo ungrateful, that you will not refcue your parent from torment ? If you had but one coat, you ought to ftrip yourfelf inftantly, and fell it, in order to purchafe fuch benefits,” &c. It was this great abufe of indulgences that contri¬ buted not a little to the firft reformation of religion in Germany, where Martin Luther began firft to de¬ claim againft the preachers of indulgences, and after¬ wards againft indulgences themfelves : but fince that time the popes have been more fparing in the exercife of this power ; however, they ftill carry on a great trade I N E [ 243 ] 1 N F Indulgen¬ ces II [nebmnts. trade with them to the Indies, where they are pur- chafed at two rials a-piece, and fometimes more. The pope likewife grants indulgences to perfons at the point of death ; that is, he grants them, by a brief, power to cboofe what confeffor they pleafe, who is authorifed thereby to abfolve them from all their fins in general. INDULT, in the church of Rome, the power of prefenting to benefices granted to certain perfons by the pope. Of this kind is the indult of kings and fo- Vereign princes in the Romilh communion, and that of the parliament of Paris granted by feveral popes. By the concordat for the abolition of the pragmatic fanftion, made between Francis I. and Leo X. in 1516, the French king has the power of nominating to bifiiop- rics, and other confiftorial benefices, within his realm. At the fame time, by a particular bull, the pope granted him the privilege of nominating to the churches of Brittany and Provence. In 1648 Pope Alexander VIII. and in 1668 Clement IX. granted the king an indult for the blflioprics of Metz, Toul, and Verdun, which had been yielded to him by the treaty of Munfter; and in 1668 the fame Pope Clement IX. granted him an indult for the benefices in the counties of Roufillon, Artois, and the Netherlands. The cardinals like¬ wife have an indult granted them by agreement between Pope Paul IV. and the facred college in 1555, which is always confirmed by the popes at the time of their eleftion. By this treaty the cardinals have the free difpofal of all the benefices depending on them, and are empowered likewife to beftow a benefice in commen- dam. INDULTO, a duty, tax, or cuftom, paid to the king of Spain for all fucb commodities as are imported from the Weft Indies in the galleons. INDUS, a large river of Afia, which rifes in the mountains which feparate Tartary from India, and difcharges itfelf into the Indian ocean. See Hindos- tan and India. INEBRIANTS, are defined to be fuch things as aifeft the nerves in a particular and agreeable manner, and through them alter and difturb the fund!ions of the mind. They are properly divided into native and artificial ; the former chiefly in ufe among the orien¬ tal and other nations, the latter principally throughout Europe. Natural Inebriantx, are, I. Opium; in ufe all over the eaft, and of which the Turks, through cuftom, fwallow a drachm. 2. Peganum harnaala, Syrian rue. The feeds are fold in Turkey for this purpofe; and with thefe, as Bellonius relates, the Turkifh emperor Solyman kept himfelf intoxicated. 3. Mafiac of the Turks, or bangue of the Perfians; prepared from the duft of the male-flower of hemp, or from the leaves. 4. Bangue of the Indians, from the leaves of the hibif- cus fabdariffa. 5. Seeds of various fpecies of the datura, or thorny apple. 6. Pinang, or betel of the Indians. 7. Roots of black henbane. 8. The hyofcyamus phy- la)oide=. 9. Berries of the deadly nightftiade. 10. Leaves of millfoil, are ufed by the Dalekarlians to render their beer intoxicating. 11. Tobacco, and feveral others lefs material are mentioned; fuch as clary, faffron, and darnel. Artificial Inebriants, are fermented liquors from fari¬ naceous feeds; wines, and fpirits drawn by dillillation. Inebri With thefe is ranked the neftar of the gods, and the I! anodyne medicine of Homer, commonly called nspen- Infi‘n thes; and the fpells by which Medea and Circe pro¬ duced their inchantments. INERTIA of Matter, in Philofophy, is defined by Sir Ifaac Newton to be a paflive principle by which bodies perfift in their motion or reft, receive motion in proportion to the force imprefling it, and refift as much as they are refifted. It is alfo defined by the fame author to be a power implanted in all matter, whereby it refifts any change endeavoured to be made in its ftate. See Mechanics. INESSE is applied to things which are adlually exi fling. Authors make a difference between a thing in ejfe, and a thing in pqffe : a thing that is not, but may be, they fay is m poffe, or polentia ; but a thing apparent and vifible, they fay is in cjfe, that is, has a real be¬ ing eo inf anti; whereas the other is cafual, and at beft but a poftibility. INFALISTACIO, an ancient punllhment of fe¬ lons, by throwing them among the rocks and Ends, cuftomarily ufed in port-towns. It is the opinion of fome writers, that infali/latus did imply fome capital puniftiment, by expofing the malefactor upon the land till the next tide carried him away; of which cuftom, it is faid, there is an old tradition. However, the pe¬ nalty feems to take its name from the Norman falefc; ovfa/efa, which fignified not the fands, but the rocks and cliffs adjoining, or impending on the fea-fhore. Commiftfeloniam ob quam fuit fufpenfus, ut/cgatus, vel alio modo morti damnatus, &e. vel apud Dover infali- ftatus, apud Southampton fubmerfust &c. INFALLIBLE, fomething that cannot err, or be deceived. One of the great controverfies between the Prote- ftants and Papilts, is the infallibility which the latter attribute to the pope ; though, in faCl, they them- felves are not agreed on that head, fome placing this pretended infallibility in the pope and a general coun¬ cil. INFAMY, in Law, is a term which extends to forgery, perjury, grofs cheats, &c. by which a perfon is rendered incapable of being a witnefs or juror, even though he is pardoned for his crimes. INFANCY, the firft part of life.—Fred. Hoffman fays, that the human fpecies are infants until they be¬ gin to talk, and children to the age of puberty.—Ana¬ tomy difcoVers to us, that during infancy there is much imperfeClion in the human frame ; e. g. its parts.are difproportioned, and its organs incapable of thofe functions which in future life they are defigned to'per¬ form. The head is larger in proportion to the bulk of the body than that of an adult. The liver and pancreas are much larger in proportion than in ad¬ vanced life ; their fecretions are more in quantity alfo, The bile is very inert ; the heart isftronger and larger than in future life ; the quantity of blood fent through the heart of an infant, in a given time, is alfo more in proportion than in adults. Though thefe circum- ftances have their important ufefulnefs, yet the imper- feCHon attending them fubje&s this age to many in¬ juries and dangers from Avhich a more per fed ftate is H h 2 exempted. INF [ 244 1 INF Infancy, Infant, exempted. Dr Percival obferves, in his Ejftnjs Med. and Exp. that of all the children who are born alive, two-thirds do not live to be two years old. Infants have a larger proportion of brain than adults, hence are moil fubjeft to nervous diforders j and hence the diagnoftics of difeafes are in many refpedts obfcure or uncertain, as particularly thofe taken from the pulfe, which, from the irritability of the tender bodies of in¬ fants, is fuddenly affe&ed by a variety of accidents too numerous, and leemingly too trivial, to gain our atten¬ tion. However, no very great embarrafi'ment anfes to the practitioner from hence : for the diforders in this Hate are generally acute, lefs complicated than thofe in adults, and are more eafily difcovered than is general¬ ly apprehended. INFANT, denotes a young child. See Infancy. Infants, among the Jews, Greeks, and Romans, were fwaddled as foon as they were born, in a manner fimilar to that praHifed by the moderns. The Jews circumcifed and named their infant children on the 8th day from the birth. Upon the birth of a fon, the Grecians crowned their doors with olives—of a daugh¬ ter, with wool. The infant was walked in 'warm water, and anointed with oil—by the Spartans with wine $ it was then dreffed, and laid in a balket, or on a fhield if the father was a warrior, particularly among!! the Spar¬ tans. At five days old they ran with it round the fire, and the mother’s relations lent prefents. The Greeks named their children on the tenth day, the Romans on the ninth : The naming was attended with facrifices and other demonftrations of joy. The maternal office of fuckling their own children was never declined, wrhen circu mifances would permit. How much different is this from the unnatural delicacy obferved by modern mothers, a delicacy which to the child is cruelty ! The 40th day was a day of folemnity for the mother. The names of children were regilfered both by the Greeks and Romans. See Register. For an account of the cuftom of expofing infants, fee Exposing. Infants were kept from crying in the ftreets by means of a fponge foaked in honey. Nurfes had alfo their bugbears and terrible names to frighten the chil¬ dren into peace :—The figure with which they were principally intimidated was Mog^aZvxeiov, a fort of raw- head and bloody bones. Infant, in Law, is a perfon under 21 years of age 5 whofe capacities, incapacities, and privileges, are vari¬ ous. 1. In criminal matters. The law of England does in fome cafes privilege an infant under the age of 21, as to common mifdemeanors ; fo as to efcape fine, im- prifonment, and the like : and particularly in the cafes of omiffion, as not repairing a bridge, or a high way, and other fimilar offences j for, not having the com- „ mand of his fortune till the age of 21, he wants the ca- Commeat- to do thofe things which the law requires. But where there is any notorious breach of the peace, a not, battery, or the like, (which infants when full- grown are at leal! as liable as others to commit) ; for thofe, an infant above the age of 14 is equally liable to fuffer as a perfon of the full age of 21. With regard to capital crimes, the law is ftill more minute and circumfped! ; diftinguilhing with greater nicety the feveral degrees of age and diferetioa* .By 4 the ancient Saxon law, the age of twelve years was eftablilhed for the age of poffible diferetion, when fid! the underftanding might open ; and from thence till the offender was 14, it was eetas pubertati proximo, in which he might, or might not, be guilty of a crime, according to his natural capacity or incapacity. This wras the dubious llage of diferetion ; but, under twelve, it w'as held, that he could not be guilty in will, neither after fourteen could be fuppofed innocent, of any ca¬ pital crime which he in fa ^ this manner, as infinitely lefs than the other terms of the element, are the very fame which arife in confe- quence of the acceleration or retardation of the gene¬ rating motion, during the infinitely fmall time in which the element is generated : fo that the remaining terms exprefs the elements that would have been pro¬ duced in that time, if the generating motion had con¬ tinued uniform : therefore thofe differences are accu¬ rately in the fame ratio to each other as the generating motions or fluxions. And hence, though in this me¬ thod infinitefimal parts of the elements are neglected, the conclufions are accurately true without even an in-* finitely fmali error, and agree precifely with thofe that are deduced by the method by fluxions. See Flux¬ ions. INFINITIVE, in Grammar, the name of one of the moods, which ferve for the conjugating of verbs. See Grammar. INFINITY, the quality which denominates a thing infinite. See Metaphysics. INFIRMARY, a kind of hofpital, where the weak and fick are properly taken care of. INFLAMMABILITY, that property of bodies which difpofes them to kindle or catch fire. See Che¬ mistry, N° 336. p. 490. INFLAMMATION, in Medicine and Surgenj, a rednefs and fwelling of any part of the body, attended with heat, pain, &c. See Medicine Index. INFLAMMATION of Oils by concentrated Acids. See Chemistry, N° 876 and 893. INFLATION, formed from in and flatus j of flo, “ I blowblowing up, the aft of ftretching or fill¬ ing any flaccid or diftenfible body with a flatulent or windy fubftance. INFLECTED rays. See InfieBed Rats. INFLECTION, called alfo d/firaBion, and defies tion, in Optics, is a property of light, by reafon of which, when it comes within a certain diftance of any body, it will either be bent from it, or towards it j which is a kind of imperfeft refleftion or refraftion. See Optics. Inflection, or Roint of Inflection, in the higher geometry, is a point where a curve begins to bend a contrary way. Inflection, in Grammar, the variation of nouns and verbs, by declenfion and conjugation. INFLUENCE, a quality fuppofed to flow from the heavenly bodies, either with their light or heat j to which aftrologers idly afevibe all fublunary events. Alchemifts alfo, who to this aferibe the philofophers ftone, tells us, that every thing in nature is produced by the influence of the ftars, which, in their paflage through the atmofphere, imbibe many of its moift parts, the groffeft whereof they depofit in the fands and earths w'here they fall 5 that thefe, filtrating through the pores of the earth, defeend even to the centre, whence they are driven, by the central fire, back again to the furface ; and in their afeent, by a natural kind of fublimation, as they find earths duly difpofed, they form natural bodies, as metals, minerals, and vege¬ tables, &c. Thus, it is pretended, that chemiftry. I N F [ 249 ] I N G Informer. Influence confiding of an artificial imitation of thefe natural ope¬ rations, and in applying aftive principles to paffive prin¬ ciples, can form natural bodies, make gold, &c. INFORMATION, in Laxu, is nearly the fame in the crown-office, as what in other courts is called a declaration. See Prosecution. Informations are of two forts; firft, thofe which are partly at the fuit of the king, and partly at that of a fubjeft, and fecondly, fuch as are only in the name of the king. The former are ufually brought upon penal ftatutes, which infli£t a penalty upon conviftion of the offender, one part to the ufe of the king, and another to the ufe of the informer. By the ftatute 31 Eliz. c. 5. no profecution upon any penal ftatute, the. fuit and benefit whereof are limited in part to the king and in part to the profecutor, can be brought by any common informer after one year is expired fince the commifiion of the offence ; nor on behalf of the crown, after the lapfe of two years longer j nor, where the for¬ feiture is originally given only to the king, can fuch profecution be had after the expiration of two years from the commiffion of the offence. The informations that are exhibited in the name of the king alone, are alfo of two kinds : firft, thofe which are truly and properly his own fuits, and filed ex officio by his own immediate officer, the attorney- general : fecondly, thofe in which, though the king is the nominal profecutor, yet it is at the relation of fome private perfon, or common informer j and they are filed by the king’s coroner and attorney in the court ■of king’s bench, ufually called the majler of the crown- office, who is for this purpofe the {landing officer of the public. The objects of the king’s own profecutions, filed ex officio by his own attorney-general, are pro¬ perly fuch enormous mifdemeanors, as peculiarly tend to difturb or endanger his government, or to moleft or affront him in the regular difcharge of his royal func¬ tions. For offences fo high and dangerous, in the pu- nifhing or preventing of which a moment’s delay would be fatal, the law has given to the crown the power of an immediate profecution, without waiting for any pre¬ vious application to any other tribunal : which power, thus neceffary, not only to the eafe and fafety, but even to the very exiftence, of the executive magiftrate, was originally refer^d in the great plan of the Englifh con. ftitution, wherein provifion is wifely made for the due prefervation of all its parts. The obje£fs of the other fpecies of informations, filed by the mafter of the crown- office upon the complaint or relation of a private fub- jeft, are any grofs and notorious mifdemeanors, riots, batteries, libels, and other immoralities of an atro¬ cious kind, not peculiarly tending to difturb the go¬ vernment (for thofe are left to the care of the attorney- general), but which, on account of their magnitude .or pernicious example, deferve the moft public animad- verfion. And when an information is filed, either thus, or by the attorney-general ex officio, it muft be tried by a petit jury of the county where the of¬ fence arifes : after which, if the defendant be found guilty, he muft refort to the court for his punifh- ment. See a hiftory and vindication of this mode of profecution in the work cited on the margin, vol. iv. p. 309—312. INFORMER ffiiformator') in Law, a perfon that informs againft, or profecutes in any of the king’s Vol. XI. Part I. Blackji. Comment. courts, thofe that offend againft any law or penal fta- Infonner tute. See Information. i! Informers were very common both in Greece and ln^enuou?‘ Rome. Every corner of the ftreets was peftered with fwarms of turbulent rafeals, who made it their conftant bufinefs to pick up ftorie$, and catch at every occafion to accufe perfons of credit and reputation : Thefe by the Greeks were called ’ZvKoQxflcct; for a more particular account of whom, fee the article Sycophant. Amongft the Romans, informers were of tvro forts, mandatores and dtiatores. Thefe played into each other’s hands; the former marking down fuch perfons as they pretended to have found guilty of any mifdemeanor, and the other profecuting them. What tended to in- creafe the number of thefe peftilent fellows was, that the informers were entitled to a fourth part of the effe£ts of the perfon conviifted. Wicked princes re¬ warded and countenanced this mifehievous tribe 5 but Titus fet on foot a moft diligent fearch after them, and punifhed fuch as he found with death or banifh- ment. Trajan alfo is praifed by Pliny for a fimilar conduft. INFRACTION (formed from in, and the fupine of frango, “ I break,”) a rupture or violation of a treaty, law, ordinance, or the like. INFRALAPSARII, the name of a fe£l of prede- ftinarians, who maintain, that God has created a cer¬ tain number of men only to be damned, without allow¬ ing them the means neceffary to fave themfelves, if they would *, and they are thus called, becaufe they hold that God’s decrees were formed infra lapfum, after his knowledge of the fall, and in confequence thereof j in contradiftindlion to the Supralapsarians. INFRA-scapularis, in Anatomy. See Anatomy, Table of the Mufcles. INFRA-Spinatus, in Anatomy. See Anatomy ibid. INFUL A, in antiquity, was a mitre w orn by the Roman and Grecian priefts upon the head, from which on each fide hung a ribband. The covering the head with a mitre was rather a Roman than a Grecian cuftom, introduced into Italy by YEneas, who covered his head and face at the performance of facri- fice, left any ill-boding omen ftiould difturb the rites. The infulse were commonly made of wool, and were not only worn by the priefts, but were put upon the horns of the vidlims, upon the altar and the temple. The infulse were alfo called vittae. INFUNDIBULIFORM, in Botany, an appella¬ tion given to fuch monopetalous or one-leaved flowers as referable a funnel in fhape, or which have a narrow tube at one end, and gradually widen towards the limb or mouth. INFUSION, in Pharmacy, an operation, whereby the virtues of plants are drawn out, by fteeping them in fome convenient fluid without boiling. INGELSHEIM, a town of Germany, in the pala¬ tinate of the Rhine, remarkable for having been the refidence of the emperor ; feated on the river Salva, on an eminence, from whence there is a charming pro- fpeft. E. Long. 8. 5. N. Lat. 49. 58. INGENUOUS, in a general fenfe, fignifies open, fair, and candid. Ingenuous (mgenuusf in Roman antiquity, an appellation given to perfons born of free parents, who had never been Haves: for the children of the liberti, I i or I N G [ 250 ] I N G Ingenuous or perfons who had obtained their liberty, were call- H . ed libertim, not ingenui; this appellation of ingenuus tude.~ being referved for their children, or the third genera- (—--y-—. tion. INGESTA, is ufed by fome authors to exprefs all forts of aliment taken into the body. INGLUVIES, the crop or craw of granivorous birds, ferving for the immediate reception of the food, where it is macerated for fome time before it is tranf- mitted to the true ftomach. INGOLSTADT, a handfome town of Germany, and the ftrongeft in Bavaria, with a famous univerfity and a handfome church. The houfes are built with ftone, and the llreets large. It is feated on the Danube, in E. Long. 11. 10. N. Lat. 48. 42. INGOT, a mafs of gold or filver melted down, and vcaft in a mould, but not coined or wrought. INGRAFTING, in Gardening, See Grafting, Gardening Index. INGRATITUDE, the oppofite of gratitude. See Gratitude. Ingratitude is a crime fo fhameful, that there never was a man found who would own himfelf guilty of it j and, though too frequently pradlifed, it is fo ab¬ horred by the general voice, that to an ungrateful perfon is imputed the guilt or the capability of all other crimes. The ungrateful are neither fit to ferve their Maker, their country, nor their friends. Ingratitude perverts all the meafures of religion and fociety, by making it dangerous to be charitable and good natured, (See Gratitude). However, it is better to expofe ourfelves to ingratitude than to be wanting in charity and benevolence. Great minds, like Heav’n, are pleas’d with doing good ; Though the ungrateful fubjedls of their favours Are barren in return. 1. In a little work intitled Friendly Cautions to Officers, the following atrocious inftance of ingratitude is related. An opulent city in the weft of England, little ufed to have troops with them, had a regiment fent to be quartered there : the principal inhabitants and wealthieft merchants, glad to ftiow their hofpita- lity and attachment to their fovereign, took the firft opportunity to get acquainted with the officers, in¬ viting them to their houfes, and (howing them every civility in their power. This was truly a defirable fituation. A merchant, extremely eafy in his circum- ftances, took fo prodigious a liking to one officer in particular, that he gave him an apartment in his own houfe, and made him in a manner abfolute mailer of it, the officer’s friends being always welcome to his table. The merchant was a widower, and had only two favourite daughters ; the officer in fo comfortable a ftation call his wanton eyes upon them •, and too fa¬ tally fucceeding, ruined them both. Dreadful return to the merchant’s mifplaced friendlhip ! The confe- quence of this ungenerous a£lion was, that all of¬ ficers ever after were ffiunned as a public nuifance, as a pell to fociety : nor have the inhabitants perhaps yet conquered their averfion to a red-coat. 2. We read in Rapin’s Hiftory, that during Mon- jyiouth’s rebellion, in the reign of James II. a certain perfon knowing the humane difpolition of one Mrs Gaunt, whofe life was one continued exercife of bene. Ingrati. licence, fled to her houfe, where he was concealed and tuc’le- maintained for fome time. Hearing, however, of the proclamation, which promifed an indemnity and re¬ ward to thofe who difeovered fuch as harboured the rebels, he betrayed his benefaeftrefs 5 and fuch was the fpirit of juftice and equity which prevailed among the minifters, that he was pardoned and recompenfed for his treachery, while Ihe was burnt alive for her charity ! — 3. The following inftance is alfo to be found in the fame hiftory.—Humphry Bannifter and his father were both fervants to and raifed by the duke of Buck¬ ingham 5 who being driven to abfeond, by an unfortu¬ nate accident befalling the army he had raifed againft the ufurper Richard III. he without footman or page retired to Banniller’s houfe near Shrewlbury, as to a place where he had all the reafon in the world to expert fecurity. Bannifter, however, upon the king’s proclamation promifing locol. reward to him that ffiould apprehend the duke, betrayed his mailer to John Merton high ffieriff of Shroplhire, who fent him un¬ der a llrong guard to Salilbury, where the king then was, and there in the market-place the duke was be¬ headed. But Divine vengeance purfued the traitor Bannifter j for demanding the 1000I. that was the price of his mailer’s blood, King Richard refufed to pay it him, faying, “ He that would be falfe to fo good a mafter, ought not to be encouraged.” He was afterwards hanged for manflaughter, his eldeil fon run mad and died in a hog-fty, his fteond became deformed and lame, and his third fon was drowned in a fmall puddle of water. Hiseldeil daughter was got with child by one of his carters, and his fecond was feized with a leprofy whereof lire died.—Hy?. of Eng. 8vo. vol. i. p. 304. The following barbarous inftances are from ancient Hiftory. 4. When Xerxes king of Perfia was at Celene, a Herod, city of Phrygia, Pythius, a Lydian, who had his re-h vii. c. 38. fidence in that city, and next to Xerxes was the moft^eneija?.^£? opulent prince of thofe times, entertained him and hisc whole army with an incredible magnificence, and made him an offer of all his wealth towards defraying the expences of his expedition. Xerxes,' furprifed and charmed at fo generous an offer, had the euriofity to inquire to what a fum his riches amounted. Pythius made anfwer, that having the defign of offering them to his fervice, he had taken an exatl account of them, and that the filver he had by him amounted to 2000 talents (about 255,000!. fterling), and the gold to 4,000,000 of darics (about 1,700,000]. fterling), wanting 7000. All this money he offered him, telling him, that his revenue was fufficient for the. fupport of this houfehold. Xerxes made him very hearty acknowledgments, and entered into a particular friendftiip with him, but declined accepting his prefent. The fame prince who had made fuch obliging offers to Xerxes, having defired a favour of him fome time after, that out of his five fons who ferved in his army, he would be pleafed to leave him the eldeft, in order to be a comfort to him in his old age : the king was fo enraged at the propofal, though fo reafonable in it- felf, that he caufed the eldeft fon to be killed before the eyes of his father, giving the latter to underftand,. I N G f 2 Ingratitude that It Was a favour he fpared him and the reft of his ' !! children. Yet this is the fame Xerxes who is fo much Ingulpluis. a(]m;recj for hig humane reflexion at the head of his numerous army, “ That of fo many thoufand men, in loo years time there would not be one remaining ; on which account he could not forbear weeping at the un¬ certainty and inflability of human things.” He might have found another fubjeft of retleftion, which would have more juftly merited his tears and affliflion, had he turned his thoughts upon himfelf, and confidered the reproaches he deferved for being the inftrument of haftening the fatal term to millions of people, whom his cruel ambition was going to facrifice in an unjult and unneceffavy war. Zorror. An- Bafilius Macedo the emperor, exerciling himfelf nal. tom. iii. Jn hunting) a fport he took great delight in, a great 1^' flag running furioudy againif him, fattened one of the branches of his horns in the emperor’s girdle, and pulling him from his horfe, dragged him a good dif- tance, to the imminent danger of his life ; which a gentleman of his retinue perceiving, drew his fword and cut the emperor’s girdle afunder, which difen- gaged him from the beaft, with little or no hurt to his perfon. But obferve what reward he had for his pains : ” He was fentenced to lofe his head for putting his fword fo near the body of the emperor j” and flittered death accordingly. INGRESS, in Ajironomy, lignifies the fun’s enter¬ ing the firtt fcruple of one of the four cardinal figns, efpecially Aries. INGRIA, a province of the Ruffian empire, lying on the gulf of Finland, being about 130 miles in length, and 50 in breadth. It abounds in game and filh ; and here are a great number of elks, which come in troops from Finland in the fpring and autumn. It was conquered by the Czar Peter the Great, and Pe- terfburgh is the capital town. It is bounded by the river Neya, and the gulf of Finland, on the north ; by Great Novogorod, on the eaft and fouth } and by Li¬ vonia, on the weft. INGROSSER, or Engrosser, in common law, is one who buys up corn growing, or any provifions by wholefale, before the market, to fell again. See Fore¬ stalling. It alfo iignifies a clerk who writes records or inftru- ments of law on Ikins of parchment. See Engros¬ sing. INGGEN, in Anatomy, the fame with what is other- wife called groin. INGULPHUS, abbot of Croyland, and author of the hittory of that abbey, was born in London about A. D. 1030. He received the firtt part of his edu¬ cation at Weftminfter j and when he vifited his father, who belonged to the court of Edward the Confeflfor, he was fo fortunate as to engage the attention of Queen Edgitha. That amiable and learned princefs took a pleafure in examining our young fcholar on his pro- grefs in grammar, and in difputing with him in logic ; nor did (he ever difmifs him without fome prefent as a mark of her approbation. From Weftminfter he went to Oxford, where he applied to the ftudy of rhetoric, and of the Ariftotelian philofophy, in which he made greater proficiency than many of his contemporaries. When he was about 21 years of age, he was intro¬ duced to William duke of Normandy (who vifited the 51 ] I N H court of England, A. D. 1051), and made himfelf Ingidphu?, fo agreeable to that prince, that he appointed him his fnll^lc!' , fecretary, and carried him with him into his own do¬ minions. In a little time he became the prime fa¬ vourite of his prince, and the difpenfer of all pre¬ ferments, humbling fome, and exalting others, at his pleafure ; in which difficult ftation, he confefleth, he did not behave with a proper degree of modefty and prudence. This excited the envy and hatred of many of the courtiers j to avoid the effects of which, he ob¬ tained leave from the duke to go in pilgrimage to the Holy Land. With a company of 30 horfemen, he joined Sigfrid duke of Mentz, who, with many Ger¬ man nobles, biftiops, clergy, and others, was prepa¬ ring for a pilgrimage to Jerufalem. When they were all united, they formed a company of no fewer than 7030 pilgrims. In their way they fpent fome time at Conftantinople, performing their devotions in the feve- ral churches. In their pafiage through Lycia, they were attacked by a tribe of Arabs, who killed and wounded many of them, and plundered them of a pro¬ digious mafs of money. Thofe who efcaped from this difafter, at length reached Jerufalem, vifited all the holy places, and bedewed the ruins of many churches with their tears, giving money for their reparation. They intended to have bathed in Jordan j but being prevented by the roving Arabs, they embarked on board a Genoefe fleet at Joppa, and landed at Brundu- fium, from whence they travelled through Apulia to Rome. Having gone through a long courfe of devo¬ tions in this city, at the feveral places diftinguiftied for fanclity, they Separated, and every one made the heft: of bis way into his own country. When Ingulph and his company reached Normandy, they were reduced to 20 half-ftarved wretches, without money, clothes, or horfes : A faithful picture of the difaftrous journeys in¬ to the Holy Land, fo common in thofe times. Ingulph was now fo much difgufted with the world, that he re- folved to forfake it, and became a monk in the abbey of Fontenelle in Normandy j in which, after fome years, he was advanced to the office of prior. When his old mafter was preparing for his expedition into England, A. D. 1066, he was font by his abbot, with 100 merks in money, and 12 young men, nobly mount¬ ed and completely armed, as a prefent from their abbey. Ingulph having found a favourable opportaanity, pre- fcnted his men and money to his prince, who received him very gracioufty 5 fome part of the former affethon for him reviving in his bofom. In confequence of this he raifed him to the government of the rich abbey of Croyland in Lincolnthire, A. D. 1076, in which he fpent the laft 34 years of his life, governing that foeie- ty with great prudence, and protecting their pofleffiom from the-rapacity of the neighbouring barons by the fa¬ vour of his royal mafter. The lovers of Englilh hifto- ry and antiquities are much indebted to this learned abbot, for his excellent hiftory «f the abbey of Croy¬ land, from its foundation, A. D. 664, to A. D. icpr, into which he hath introduced much of the general hiftory of the kingdom, with a variety of curious anec¬ dotes that are nowhere elfe to be found. Inguiph died of the gout, at his abbey, A. D. 1109, in the 79th year of his age. INHALER, in Medicine, a machine for breathing in warm fleams into the lungs, recommended by Mr I i 2 Mudge I N J [ 252 ] I N J Inhaler Mudge in the cure of the catarrhous cough. The Injection t^ie ir‘ftrument holds about a pint ; and the u-^-y-.»w handle, which is fixed to the fide of it, is hollow. In the lower part of the veflel, where it is foldered to the handle, is a hole, by means of which, and three others on the upper part of the handle, the water, when it is poured into the inhaler, will rife to the fame level in both. To the middle of the cover a flexible tube about five or fix inches long is fixed, with a mouth-piece of wood or ivory. Underneath the cover there is a valve fixed, which opens and flints the communication between the upper and internal part of the inhaler and the external air. When the mouth is applied to the end of the tube in the a£t of infpiration, the air rufhes into the handle, and up through the body of warm water, and the lungs become, confequently, filled with hot vapours. In expiration, the mouth being ftill fixed to the tube, the breath, together with the fleam on the furface of the water in the inhaler, is forced up through the valve in the co¬ ver. In this manner, therefore, the whole abb of refpiration is performed through the inhaler, with¬ out the neceffity, in the abl of expiration, of either breathing through the nofe, or removing the pipe from the mouth. INHERITANCE, a perpetual right or intereft in lands, invefted in a perfon and his heirs. See Descent. INHIBITION, a writ to inhibitor forbid a judge from further proceeding in a caufe depending before him. Sometimes prohibition and inhibition are put toge¬ ther, as of the fame import ; but inhibition is molt commonly a writ iiTuing out of a higher court-chriftian to a lower ; and prohibition out of the king’s court to an inferior court. Inhibition, in Scots Law, a diligence obtained at the fuit of a creditor againfl his debtor, prohibiting him from felling or contra-fling debts upon his eftate to the creditor’s prejudice. INJECTION, the forcibly throwing certain liquid medicines into the body by means of a fyringe, tube, clyfter-pipe, or the like. Injection, in Surgery, the throwing in feme liquor or medicine into a vein opened by incilion. This prablice, and that of transfuiion, or the conveying the arterial blood of one man, or other animal, into ano¬ ther, were once greatly prablifed, but are now laid afide. sjrntomical INJECTION, the filling the veffels of a human, or other animal body, wuth feme coloured fub- flance, in order to make their figures and ramifications vifibJe. 1. The belt account of the method of injebling the fanguferous veffels of animals, is that by the late Dr Monro, publiihed in the Medical Effays, vol. i. “ The inflrutnent with which the liquor is commonly thrown into the veffels is a tight eafy going fyringe of brafs, to which feveral fliort pipes are fitted, and can be fixed by ferews, the other extremities of thefe pipes being of different diameters without any ferew, that they may Aide into other pipes, which are fo exablly adapted to them at one end, that wdien they are preffed a little together, nothing can pafs between them ; and becaufe their cohefion is not fo great as to refill the Inje&'on. pulhing force of the injeblion, which would drive off this fecond pipe, and fpoil the whole operation j there¬ fore the extremity of this fecond fort of pipes, which receives the firft kind, is formed on the outfide into a fquare, bounded behind and before by a riling circle, which hinders the key that elofely grafps the fquare part from Hiding backwards or forwards j or a bar of brafs muft Hand out from each fide of it to be held with the fingers. The other extremity of each of thefe fe¬ cond fort of pipes is of different diameter j and near it a circular notch, capable of allowing a thread to be funk into it, is formed ; by this, the thread tying the veffel at which the injeblion is to be made, will not be allowed to Hide off. “ Befides this form defcrxbed, common to all this fecond fort of pipes, wre ought to have feme of the larger ones, with an additional mechanifm, for particu¬ lar purpofes \ as, for inftance, when the larger veffels are injebled, the pipe fattened into the veffel ought ei¬ ther to have a valve or a flop-cock, that may be turn¬ ed at pleafure, to hinder any thing to get out from the veffel by the pipe ; otherwife, as the injeblion, in fuch a cafe, takes time to coagulate, the people em¬ ployed in making the injeblion mull either continue all that while in the fame pofture ; or, if the fyringe is too foon taken off, the injected liquor runs out and the larger veffels are emptied. When the fyringe is not large enough to hold at once all the liquor necef- fary to fill the veffels, there is a neceffity of filling it again. If, in order to do this, the fyringe was to be taken off from the pipe fixed in the veffel, fome of the injeblion would be loft, and what was expofed to the air would cool and harden ; therefore fome of the pipes ought to have a reflebled curve tube coming out of their fide, with a valve fo difpofed, that no liquor can come from the ftraight pipe into the crooked one, but, on the contrary, may be allowed to pafs from the crooked to the ftraight one \ the injtblor then, taking care to keep the extremity of the reflebled pipe im- merfod in the liquor to be injebled, may, as foon as he has pufhed out the firft fyringeful, fill it again by only drawing back the fucker ; and, repeating this quickly, will be able to throw feveral fyringefuls into the veffels. “ All thefe different forts of pipes are commonly made of brafs. “ The liquors thrown into the veffels, with a defign to fill the fmall capillary tubes, are either fuch as will incorporate with water, or fuch as are oily : both kinds have their advantages and in conveniences \ which I ffiall mention in treating of each, and fhall conclude with that which I have found by experience to fucceed beft. “ All the different kinds of glue, or ichthyocolla, fyths, common glue, &c. diffolved and pretty much- diluted, mix eafily with the animal fluids, which is of great advantage, and will pafs into very fmall veffels of a well-chofen and prepared fubjebl, and often an- fwer the intention fufficiently, where the defign is on¬ ly to prepare fome very fine membrane, on which no veffels can be expebled to be feen fo large as the eye can difcover whether the tranfverfe feblions of the vef¬ fels would be circular, or if their fides are collapsed. But when the larger veffels are alfo to be prepared, there n I N J [ 253 ] I N J Injselio.'i. there is a rnanifeft difadvantage to the ufefulnefs and beauty of the preparation ; for if nothing but the glu¬ tinous liquor is infefted, one cannot keep a fubjeff fo long as the glue takes of becoming firm •, and there- * fore, in diiTefting the injefted part, feveral veffels will probably be cut and emptied. To prevent this, one may indeed either foak the part well in alcohol, which coagulates the glue •, but then it becomes fo brittle, that the leaft handling makes it crack ; and if the pre¬ paration is to be kept, the larger veffels appear quite thrivelled, when the watery part of the injection is evaporated : or the efflux of the injection may be pre¬ vented, by carefully tying every veffel before ve are . obliged to cut it j ftill, however, that does not hinder the veffels to contradl when the glue is drying. If, to obviate thefe difficulties, the glutinous liquor fhould firft be injefted in fuch quantity as thecapillary veffels will contain, and the common oily or waxy injection is pufhed in afterwards to keep the larger veffels diitend- ed, the wax is very apt to harden before it has run far enough ; the two forts of liquors never mifs to mix ir¬ regularly, and the whole appears interrupted and bro¬ ken by their foon feparating from each other ; which is Hill more remarkable afterwards, when the watery particles are evaporated. “ Spirit of wine coloured mixes with water and oils, and fo far is proper to fill the very fmaller vef¬ fels with : but, on the other hand, it coagulates any of our liquor it meets, which fometimes blocks up the veffels fo much, that no more injection will pafs ; then it fcarce will fufpend fome of the powders that prove the moft durable colours; and as it entirely evaporates, the veffeis mutt become very fmall and the fmall quan¬ tity of powder left, having nothing to ferve for connec¬ ting its particles together, generally is feen fo inter¬ rupted, that the fmall ramifications of veffels rather have the appearances of random fcratches of a pencil, than of regular continued canals. “ Melted tallow, with a little mixture of oil of tur¬ pentine, may fometimes be made to fill very finall vef¬ fels, and keeps the larger ones at a full llretch •, but where any quantity of the animal liquors are ftill in the veffels, it is liable to flop too foon, and never can be introduced into numbers of veffels, which other li¬ quors enter ; and it is fo brittle, that very little hand¬ ling makes it crack, and thereby renders the prepara¬ tion very ugly (a). “ The method I have always fucceeded heft with, in making what may be called fubtile m fine inje&wns, is, firft throw in coloured oil of turpentine, in fuch a quantity as might fill the very fmall veffels ; and, imme¬ diately after, to puffl the common coarfe injeftion into the larger ones. The oil is fubtile enough to enter rather fmaller capillary tubes than any colouring can j its refmous parts, which remain after the fpirituous are Injedioi* evaporated, give a fufficient adhefion to the particles of — the fubflance with which it is coloured, to keep them from feparating, and it intimately incorporates with the coarfer injeftion *, by which, if the injection is rightly managed, it is impofflble for the fharpeft eye to difeo- ver that two forts have been made ufe of (b), “ All the liquors with which the veffels of animals are artificially filled, having ^ry faint, and near the fame colours, would not all appear in the very Imall veffels, becaufe of their becoming entirely diaphanous, without a mixture of fome fubftance to impart its co¬ lour to them j and where feveral forts of even the lar¬ ged veffels of any part were filled, one fort could not be diftinguilhed from another, unlefsthe colour of each was different j which has likewife a good effect in making preparations more beautiful. Wherefore ana- tomifts have made ufe of a variety of fuch fubftances, according to their different fancies or intentions *, fuch as gamboge, faffron, ink, burnt ivory, &c. which can be eafily procured from painters. My delign being only to confider thofe that are fit to be mixed with the injetling liquors propofed to fill capillary veffels, which is fcarce ever to be done in any other,except the branch¬ es of the arteries and of fome veins, I ihall confine my- felf to the common colours employed to thefe laft-nam- ed two forts of veffels, which colours are red, green, and fometimes blue, without mentioning the others, which require very little choice. 11 Anatomifts have, I imagine, propofed to imitate the natural colours of the arteries and veins in a living creature, by filling the arteries with a red fubftance, and the veins with a blue or green : from which, how¬ ever, there are other advantages, fuch aS the itrong refieftion which fuch bodies make of the rays of light, and the unaptnefs moll fuch bodies have to tranfmit thefe fame rays, without at lealt a confiderable reflec¬ tion of the rays peculiar to themfelves ; or, in other words, their unfitnefs to become completely pellucid j without which, the very fine veffels, after being in¬ jected, would ftill be imperceptible. The animal or vegetable fubftances made ufe of for colouring injec¬ tions, fuch as cochineal, laque, rod. anchufice, brazil¬ wood, indigo, &c. have all one general fault of being liable to run into little knots which flop fome of the veffels : their colour fades fooner when kept dry ; they more eafily yield their tinfture when the parts are pre¬ ferred in a liquor; and rats, mice, and infeCls, will take them for food : for which reafons, though I have frequently fucceeded in injecting them, I rather prefer the mineral kind, fuch as minium or vermilion for red ; of which this laft is, in my opinion, the heft, becaufe it gives the brighteft colour, and is commonly to be bought finely levigated. The green-coloured powder generally (a) Rigierus {IntroduB. in notitiam rerum natur. &c. qto, Ha$ae, 1743* titul. Bafiamutn) gives Ruyfch’s me¬ thod of injeCting and preferring animals, which, he fays, Mr Blumentroft, prefident of the Peterfburg acade¬ my, affured him was copied from the receipt given in Ruyfch’s own hand-writing to the Czar. According to this receipt, melted tallow, coloured with vermilion, to which, in the fummer, a little white wax was added, was Ruyfch’s injeCting ceracia maleries. (B) Mr Ranby’s injeCting matter, as publilhed by Dr Hales, {Hcemaft. Ex. 21.) is white rofin and tallow, of each two ounces, melted and ftrained through linen ; to which was added three ounces of vermilion, or finely ground indigo, which was firft well rubbed with eight ounces of turpentine varniflir I N J Injeiflion. generallv ufed is verdigrife j but I rather choofe that preparation of it called diftitled verdigrife; becaufe its colour is brighter, and it does not fo often run into fraall knots as the common verdigrife, but diffolves in the oily liquors. “ The method of preparing the inje&ion compofed of thefe materials, is to take for the fine one, a pound of clear oil of turpentine, which is gradually poured on three ounces of vermilion, or diftilled verdigrife finely powdered, or rather \^ell levigated by grinding on marble j ftir them well with a fmall wooden fpatula till they are exactly mixed, then (train all through a fine linen rag. The feparation of the grofier particles is, however, rather better made, by pouring feme ounces of the oil upon the powder, and after ftirring them to¬ gether ftrongly, flop rubbing with the fpatula for a fecond or fo, and pour off into a clean vefl’el the oil with the vermilion or verdigrife fufpended in it; and continue this fort of operation till you obferve no more of the powder come off j and all that remains is granulated. The coarfer injection is thus prepared : Take tallow, t pound j wax, bleached white, 5 oun¬ ces j falad oil, 3 ounces: melt them in a fkillet put over a lamp : then add Venice turpentine, 2 ounces j and as foon as this is difiblved, gradually fprinkle in of vermilion or verdigrife prepared, 3 ounces j then pafs all through a clean, dry, warmed linen-cloth, to feparate all the groffer particles ; and, when you ■defign to make it run far into the veffels, fome oil of turpentine may be added immediately before it is ufed. “ The next thing to be confidered, and indeed what chiefly contributes to the fuccefs of inje&ions, is the choice and preparation of the fubjeft whofe veffels are to be filled. “ In choofing a fit fubjeft, take thefe few general rules : 1. The younger the creature to be injedled is, the injection will, ceeteris paribus, go fartheft, and vice verfa. 2. The more the creature’s fluids have been dif- folved and exhaufted in life, the fuccefs of the operation will be greater. 3. The lefs folid the part defigned to be injedted is, the more veffels will be filled. 4. The more membranous and tranfparent parts are, the injec¬ tion (hows better 5 whereas, in the folid very hard parts of a rigid old creature, that has died with its Veffels full of thick ftrong blood, it is fcareely poflible to in- jedl: great numbers of fmall veffels. “ Therefore, in preparing a fubjeft for inje&ing, the principal things to be aimed at are, To diffolve the fluids, empty the veffels of them, relax the folids, and prevent the injedlion’s 4>oagulating too foon. To anfwer all thefe intentions, authors have propofed to injedt tepid or warm water by the arteries, till it re¬ turns clear and untinged by the veins, and the veffels are thereby fo emptied of blood, that all the parts ap¬ pear white ; after which, they pulh out the water by forcing in air ; and laftly by prefling with their hands, they fqueeze the air alfo out. After this preparation, [ 254 1 I N J one can indeed injedt very fuhtilely; but generally thefe tnje&ioa. are inconveniencies attend it. For in all the parts where '—-y-— there is a remarkable tanfeo cellulofa, it never miffes to be full of the water, which is apt to fpoil any parts de¬ figned to be preferved either wet or dry j and fome particles of the water feldom mifs to be mixed in the larger as well as fmaller veffels with the oily injedlion, and make it appear difeontinued and broken : where¬ fore it is much better to let this injedlion of water alone, if it can be poflibly avoided, and rather to mace¬ rate the body or part to be injefted a confiderable time in water, made fo warm (c) as one can hold his hand eafily in it j taking care to keep it of an equal warmth all the time, by taking out fome of the water as it cools, and pouring in hot water in its place ; by which the veffels will be fufficiently foftened and relaxed, the blood will be melted down, and the injeftion can be in no danger of hardening too focn 5 whereas, if the water is too hot, the veffels (brink, and the blood coagu- ' lates. From time to time we fqueeze out the liquids as much as poflible at the cut veffel by which the in¬ jedlion is to be thrown in (d). The time this mace¬ ration is to be continued, is always in proportion to the age of the fubjedt, the bulk and thicknefs of what we defign to injedl, and the quantity of blood we ob¬ ferve in the veflfels, which can only be learned by ex¬ perience ; at lead, however, care ought to be taken, that the whole fubjedt, or part macerated, is per- fedtly well warmed all through ; and that \re conti¬ nue the preffure with our hands till no more blood can be brought away, whatever pofition we put the fubjedl in. When the fyringc, injedtions, and fubjedts, are all in readinefs, one of the fecond fort of pipes is chofen _ ar, near to the diameter of the veffel by which the injec¬ tion is to be thrown as poflible j for if the pipe is too large, it is almoft needlefs to tell it cannot be introdu¬ ced. If the pipe is much fmaller than the veffel, it is fcarce poflible to tie theni fo firmly together, but, by the wrinkling of the coats of the veffel, fome fmall paffage wdll be left, by which part of the injedlion will (pring back on the injedlor in the time of the opera¬ tion, and the neared veffels remain afterwards undi- dended, by the lofs of the quantity that oozes out. Having chofen a fit pipe, it is introduced at the cut orifice of the veffel, or at an incifion made in the fide of it j and then a waxed thread being brought round the veffel, as near to its coats as poflible, by the help of a needle, or a flexible eyed probe, the furgeon’s knot is made wdth the thread, and it is drawn as firmly as the thread can allow ; taking care that it (hall be funk into the circular notch of the pipe all around, other- wife it will very eafily Aide off, and the pipe will be brought out probably in the time of the operation, which ruins it. “ If there have been large veffels cut, w'hich com¬ municate with the veffels you defign to injedl, or if there are any others proceeding from the fame trunk, which (c) Ruyfch orders a previous maceration for a day or two in cold water j which mud have a better effedl in melting the blood than warm water has. (D) When Ruyfch intended to injedl the whole body, he put one pipe upwards, and another downwards, in the defeending aorta. I N J [ 255 ] I N J Inje&ion. which you do not refolve to fill, let them be all care- fully now tied up, to fave the injefted liquor, and make the operation fucceed better in the view you then have. “ When all this is done, both forts of inje&ions are to be warmed over a lamp, taking care to itir them condantly, left the colouring powder fall to the bot¬ tom and burn (e). The oil of turpentine needs be made no warmer than will allow the finger to remain in it, if the fubject has been previoufly w'ell warmed in water 5 when the maceration has not been made, the oil ought to be fcalding hot, that it may warm all the parts which are defigned to be injedled. The coarfe injection ought to be brought near to a boiling. In the mean time, having wrapt feveral folds of linen round the parts of the fyringe which the operator is to grip, and fecured the linen with thread, the fyringe is to be made very hot by fucking boiling water feveral times up (f), and the pipe within the veffe] is to be warmed by applying a fponge dipped in boiling water to it (g). “,After all is ready, the fyringe being cleared of the water, the injedtor fills it with the finer inje&ion; and then introducing the pipe of the fyringe into that in the veffel, he prefles them together, and either with one hand holds this laft pipe firm, with the other gripes the fyringe, and with his breaft pufiies the fucker ; or, giving the pipe in the veffel to be held by an afiiftant, in any of the ways mentioned in the defcription of thefe forts of pipes, he gripes the fyringe with one hand, and pufhes the fucker with the other, and confequently throws in the injection, which ought to be done fiow- 3y, and with no great force, but proportioned to the length and bulk of the part to be inje&ed and ftrt ngth of the veffels. The quantity of this fine inje&ion to be thrown in is much to be learned by ufe. The only rule I could ever fix to myfelf in this matter was to continue pufhing till I was fenfible of a Hop which would require a confiderabie force to overcome. But this will not hold where all the branches of any vefft l are not injected j as for inftance, when the vtffels of the thorax only are to be injected : for the aorta bears too great a proportion to the branches fent from it, and therefore lefs fine injedtion is requifite here. As loon as that flop is felt, the fucker of the fyringe is to be drawn back, that the neareft large veffels may be emptied. Then the fyringe is taken off, emptied of the fine injedlion, and filled with the coarfer, which is to be pulhed into the veffels quickly and forcibly, hav¬ ing always regard to the ftrength and firmnefs of the veffels, bulk, &c. of the part. Continue to thruft the fucker, till a full Hop, or a fort of pufh backwards, is felt, when you mult beware of thrufting any more, otherwife feme of the veffels will be burft, and the whole, or a confiderabie (hare of the preparation you defigned, will be fpoiled by the extravafation ; but ra¬ ther immediately ftop the pipe by the turn-cock, and take out the fyringe to clean it, and allow fufficient Injefticn. time for the coarfe injedtion to coagulate fully before —~~v— any part is diffedled. Ruyfcb, immediately after throw¬ ing in the injection, put the body into cold water, and ftirred it continually for fome time to prevent the ver¬ milion to feparate from the tallow.” II. The injedtion of the lymphatic fyftem is much more difficult than that of the languiferous, on account of the extreme fmallnefs of the veffels*, fo that till very lately it w'as almoft quite impradlicable. Methods in¬ deed had been attempted for this purpofej but by rea- fon of the improper form of the inftruments, and the inferior Ikill of anatomifts in former times, we may juftly look upon this as one of the moft modern im¬ provements in anatomy. The firft thing to be confidered, when the lympha¬ tics are to be injected, is a proper method of difeover- ing them j for this is by no means an eafy matter, on account of their fmallnefs and tranfparency.—To find out thefe veffels, the fubjedt muft be viewed in a proper place, where the light is neither very ftrong nor very weak. Mr Sheldon, who has written a treatife upon this fubject, recommends a winter forenoon from ten to twm; it being chiefly in the winter feafon that anatomi¬ cal preparations are made, and beeaufe at that time of the day the light is more clear and fteady. He fays alfo, from his own experience, that the light paffing through the glafs of a window is better for this purpofe than the open air, as the veffels are more diftincfly feen. I he injedling of the veffels is likevvife rendered more difficult in the open air by the eafe with which the hu¬ midity is evaporated from them. It will likewife be necefiary to incline the part in various ways to the light", as fome of the veffels are moft eafily difcoverable in one- pofition and fome in another. The lacteal trunks under the peritoneal coats of the inteftines, and the lympha¬ tics on the external furface of the liver, &c. particular¬ ly require this method. He difeommends the ufe of magnifying glafl'es. “ I am perfuaded (fays he), that thofe who attempt to find them through this medium will not acquire that vifus eruditus which is obtained to a furprifing degree by thofe rvho have been much expe¬ rienced in injefting lymphatic veffels. A lateral light is likewife preferable to a horizontal, or even to an ob¬ lique Iky light. “ I he lubje&s muft be laid upon a table of fufficient height, which might be contrived with a ledge fixed to the table in fuch a manner as to be water-proof5 which would be ufeful for preventing the quickfilver, which is almoft always neceffary for injecting thefe veffels, from being loft. The furface of the table Humid likewife be hollowred, fo that the mercury which falls may be collefted in the middle, where a hole with a ftopper may be made to take out occafionally the quickfilver w hich colle&s. Such a table would alfo be convenient for holding w'ater for the purpofe of fteeping membranous parts which are frequently to be injedled; and* (e) Ruyfch melts his tallow by the heat of warm water, into which he puts the veffel containing the in- jedtion. 0 (F) Fie warms his fyringe by laying it on hot coals. . (G) kle warms his pipe, by putting the body, after the pipe is fixed in the veffe], into hot water. When this, is to be done, a cork ought to be put into the pipe, to prevent the water getting into the veffel that is to be in- |fcCte(L. I N J Injection. an(j vvhich, from being expofed to the air, become dry 5 which alfo it is inconvenient and hazardous to move into water during the time of operation. Even a common table with a hole cut in the middle may an- fwer the purpofe : the hole may be round or fquare ac¬ cording to the fancy of the anatomift ; but the table mult be conftructed of fuch materials as are not liable to warp in warm water. Should the anatomift not be provided with either of thefe tables, the parts muft be laid in a tray or earthen dilh, that the quickfilver may be faved.” The materials for injefting thefe veflels are only quicldilver, and the ceraceous or coarfe injedlion of ana- tomifts; the former being always ufed in injecting the lymphatics and ladleals, it being almoft impoffible to fill them with another fluid in the dead body. The ceraceous inje&ion is chiefly ufed for the thoracic drift j and in fome particular inftances, where the lymphatic trunks have been found larger than the ordinary fize, a courfe injeftion has been made ufe of. Injeftions of the lymphatics may be made even while the animal is alive, and that without any great cruelty, by feeding it with milk previous to its being ilrangled. Of all the barbarous methods of opening the animal while alive, the moft ufeful feems to be that of Mr Hunter, who direfts to perforate the fmall in- teftines, and throw in ftarch-water with folutions of ' mulk, or indigo and ftarch-water. “ In a word (fays Mr Sheldon), any gelatinous fluids rendered opaque with fuch colours as will be abforbed, are extremely ufeful for experiments of this kind ; for much more may be feen by examining the veflels diftended with a coloured fluid from natural abforption, than by anato¬ mical injeftion praftifed in the dead body.” Lieber- kuhn firft difcovered the ampullulae by feeding chil¬ dren in whom the lafteal glands were obftrufted pre¬ vious to their death with milk ; by which means not only the lafteal trunks became diftended with chyle, but likewife the ampullulee. Thus abforbing mouths of the lafteal veflels were difcovered by Lieber- kuhn j and in a fimilar manner Afellius difcovered the lafteals themfelves. Thus alfo Euftachius difcovered the thoracic duft in a horfe 5 and Mr Hewfon traced tne lafteal veflels, lymphatics, and thoracic duft, in birds, by making ligatures on the root of the mefen- tery, and other parts, which had been previoufly fed with barley. Mr Hunter-likewife was enabled to ob- lerve the lafteals of a crocodile when diftended with chyle. The coarfe injeftion for the lymphatics is made of mutton-fuet and yellow refin, in the proportion of two- thirds of relii\ to one of fuet. If required of a thick¬ er confiftence, we may add a fmall quantity of pure wax : if of a fofter quality, we may augment the quan¬ tity of fuet : Orpiment or king’s yellow is generally made ufe of j though others are equally proper, provi¬ ded they be fine enough. 1 he inftruments neceflary for injefting the lymphatic veflels are the injefting tube and pipes, lancets, blow¬ pipes, knives, fciflars, forceps, needles, and thread, ft he old injefting tube has been found in a manner en¬ tirely ufelefs, the pipe being fixed in a glafs tube two or three feet long ; whic^ is one of the reafons why, before the time of Hewfon, fo little of the lymphatic [ 256 ] I N J fyftem could be injefted. Tubes of fuch a length are Inje&ioa. entirely unmanageable by one perfon, and it is impofli- v~—- ble to perform the operation properly with two. To perform it in the belt manner, the inftrument fhould be held in the hand like a pencil or pen. i.he inftruments ufed by our author are tubes made either of glafs or of brafs \ which, when filled with mercury, may be held in the hand like a pen : a glafs tube, however, is pre¬ ferable to the metallic one. It is fomewhat in the ftiape of a trumpet ; fix inches and a half in length, an inch and a half broad where broadeft, and three-eighths of an inch where narroweft. A collar of fteel half an inch broad and three quarters of an inch lonp- is ce¬ mented to this pipe, and a fmaller tube of the fame me¬ tal is fere wed upon the end of the collar 5 the whole * terminating in a capillary tube about an inch in length. This laft is the moft difficult part of the whole work to execute ^ it ffiould be drilled out of a folid piece of me¬ tal, and not made of a thin bit of plate foldered, as thefe are apt to turn ragged in the edges, and the folder is alfo liable to be deftroyed by the mercury. Thofe ufed by Mr Sheldon were made by drilling a fmall hole lengthwife through a bit of well-tempered wire. It is cleaned by means of a very fmall piece of fteel-wire ca¬ pable of palling through the bore of the tube, ft'his ought to be annealed left it Ihould break ; in which cafe the broken bit could not ealily be got out. Very fmall tubes may be made of glafs drawn out as fine as we choofe j and though very apt to break, they are eafily repaired. They ought to be very thin, that they may be eafily melted. Sometimes it has been found convenient to fit the collar with a ftop-cock. # The brafs tube reprefented by our author is about nine inches and a half in length, and half an inch wide where wideft. The collar is a full quarter of an inch broad, and three quarters of an inch long ; a fteel piece and capillary tube being ferewed to it as in the other. The lancets are to be exquifitely ffiarp, in order to cut into the lymphatic veffels. The latter are eafily in¬ flated by the fmall filver blow-pipes ufually put up in the diffefting cafes by the London mathematical inftru¬ ment makers : diflefting knives, fine-pointed fciflars, accurately made diflefting forceps, with ftraight or crooked needles, are likewife fubftitiited with advan¬ tage, as not being affefted by the quickfilver. We muft next confider the proper fubjefts for injec¬ tion. Mr Sheldon recommends, that they ftiould be as free from fat as poffible : he has always found in the human fubjeft thofe who died univerfally dropfieal, or of an afeites or anafarca, to be the beft, for the follow¬ ing reafons, viz. in fuch there is little or no animal oil, and but a very fmall quantity of red blood 5 both of which, when they occur in great abundance, very muelx impede the dilcovery of the lymphatic veflels 5 but when the cellular veflels are loaded with water, the ab- forbents are more readily traced, and with lefs rifle of wounding them in difitftion : the preparations alfo, par¬ ticularly the dried ones, are more lafting. This cir- cumftance is found to be of moft eonfequence in prepa¬ ring the ablorbent veflels of the trunk and extremities of the human fubjeft. Of all the vifeera in young fub¬ jefts, only the liver and lungs can be injefted with fuccefs ; and thefe may be fuccefsfully injefted even in * the foetus. It will be moft proper to begin the opera¬ tion I N j [2 Injection, tion upon the fubje£l immediately after death, as lymph ^ or chyle will then be more readily found in the veffels, than when we wait a longer time. In preparing the la&eals, previoufly diftended with milk, in the living ' fubjeft, it is proper to have the inteftines and mefentery plunged (with the ligature upon the root of the latter) into re&ified fpirit of wine. This procefs will coagu¬ late the chyle; and the fluid being opaque, the veffels will be beautifully feen when we mean to prepare the parts, by preferving them in proof-fpirit, as wet fpeci- mens: “ In this way (fays Mr Sheldon) I have made in the dog one of the moft natural preparations that can be feen of tha ladleals inje&ed from their orifices by the natural abforption.” We may alfo prepare the lafteals by the method ufed by Mr Hunter, already mention¬ ed, by which they will be very conspicuous, by the in¬ digo abforbed from the cavity of the inteftines. By tying the thoracic du£t near its infertion into the angle formed between the fubclavian and jugular veins on the left fide, or by tying thefe veins on both fides, we may diftend almoft all the abforbents of the animal. Thus we are enabled to purfue thefe veflels in many parts where they have not yet been difcovered, where they can fcarcely be traced by injeflion, and even in fome parts where it is utterly impoflible for the injec¬ tions to reach them. Another method, fometimes fuccefsfully ufed by our author, was firft pra&ifed by Malpighi. In this the part is to be fteeped in water, and the liquid changed as long as it appears tinged with blood; fuffering the parts afterwards to remain in the fame water till the •putrefaction begins. As foon as this begins to take place, the air which is extricated will diftend the lym¬ phatics, fo that they may be eafily feen, and then in¬ jected with quickfilver. It is, however, remarkable, that this method will not in general anfwer fo well in the human fpecies as in quadrupeds; the air having never paffed by putrefaction into the human lacteals in any of the fubjects which Mr Sheldon tried, though it will take place in thofe of the horfe or afs, and ma¬ ny other animals : drawings of the lacteals may like- wife be made in this method to very great advantage. In fome parts of the human body alfo this method may be employed to advantage, as the liver, heart, &c. It may likewife be ufeful to make ligatures on the large trunks of the veflels previous to the macera¬ tion, that thus the air may be confined as foon as it is extricated from the coats by putrefaction. Our au¬ thor adds, that if ligatures were made upon the wrifts and legs in articulo mortis, or immediately after death, the lymph would be flopped in the veflels, the latter would become diftended, and might be injected with the greateft facility by the common method after ta¬ king off the ligature. Mr Sheldon in fuch a cafe re¬ commends the tourniquet. “ I have reafon (fays he) to believe, that abforption goes on as long as mufcular irritability remains ; which laft continues a cnnfiderable time after the general life of the animal is loft.” On this, however, we cannot forbear to remark, that mak¬ ing ligatures for fuch purpofes upon a human crea¬ ture in articulo mortis, or even immediately after death, favours fo much of barbarity, that we cannot think it will be often praflifed. In fome cafes, even in the dead fubjecft, ligatures are ufeful; as when we are fearching for the lymphatics in the fingers and toes. Vol. XI. Part I. 7 1 . 1 N J In thefe it is ufeful to ftroke up the parts with the Injection, finger, by which means the final! quantity of lymph remaining in the veflels will be forced upwards, and flopped by the ligature ; after which the veflels may be eafily inje&ed with quickfilver, as already men¬ tioned. To injeft the veflels, we muft open one or more of them, directing the point of the lancet almoft always towards the trunk or trunks of the vefels, and taking care not to carry the incifion through the oppofite fide. If the vefiels happen to lie under the perito¬ neum as the lafteals, or under the pleura as the lym¬ phatics of the lungs, we may cut into their cavity through thefe membranes. In injecting thofe of the extremities, however, and in many other parts of the body, it is abfolutely neceflfary to difleft the veflels we defign to fill away from the fat and reticular fubftance before we attempt to open them with the lancet. The tube with the pipe affixed to it is previoufly to be filled with mercury : the anatomift then inflates the vefiel by means of the blowpipe, takes the tube from the affift- ant, and introduces the fmall tube into the punfture. In this operation it will be found neceflary not to carry the tube farther into the veffel than isfufficient to give the mercury a free paflfage; for, if we introduce it far¬ ther, the paflage of the mercury will be impeded by the pipe being pufhed againft the tide of the veffel. Should not the fluid be able to effefl a paflage, it will then be neceflary to prefs upon the furface of it in the tube with our fingers. If it defcend freely, and without any of it paffing between the fide of the veflel and fmall pipe, we have only to fill up the tube with mercury as the latter defcends j but if it gets out, we muft then tie the vef¬ fel. This, however, fhould always be avoided if pof- fible j becaufe, if not very dexteroufly performed, the operator will be apt to feparate the tube from the vefi* fel; and on this account the puncture ought always to be very fmall, no larger indeed than is neceflary to al¬ low the pipe to get in with difficulty. As the injection proceeds, the preffure upon the furface of the quickfil¬ ver muft be carried on higher and higher in the courfe of the lymphatic, till we come near the gland or glands into which the veflels terminate $ otherwife we fhall feldom get the cells of the glands, or the veflels emer¬ ging from the oppofite fide of the glands, well injedled. In injefting the lymphatic veffels of the extremities, it will be ufeful to raife the part where the pipe is in- ferted higher than the other end of the limb, and to make the affiftant prefs with his hands along the fkin in the courfe of the veflels, which will favour the pro- grefs of the injection. When the veflels are fufficiently filled, which may be known by the fw'elling of them, and by the refiftance the mercury meets with, the affift.. ant pafles a ligature about the veflel, and ties it above the punfture before the anatomift withdraws the injec¬ tion-pipe. The method of inje&ing the larger trunks or thora¬ cic duel with the coarfe injedlion is exaftly fimilar to that already deferibed for the fanguiferous veflels. Mr Sheldon, however, recommends the ufe of fome pipes of a particular conftrudlion invented by himfelf. The improvement confifts in fhaping the ends of the pipes like a pen $ taking care to make the edges and point blunt, to avoid cutting the veflels wdien we intro¬ duce them. Thus much larger tubes than thofe com- K k monly I N J [ 258 3 I N J Jaje&ion. monly in ufe may be admitted; and there is no occafion ^ raake any bulb or rifing near the extremity of thefe final! pipes to prevent the thread from flipping off: for this will certainly hinder us from inferting pipes of fuch diameter as might otherwife be done. Having thus Ihown the method of injefling the lym¬ phatics, our author next proceeds to deferibe the me¬ thod of diffefting and preparing them either for imme¬ diate demonftration, or for prefervation for any length of time. In the diffeftion, great care is requisite, on account of the exquilite thinnefs of their coats: but if this fliould happen by accident, it will then be neceflary to introduce the pipe at the ruptured part; and having fecured it above and below with ligatures, to fill it a- gain as before directed. Our author recommends, for the purpofe of diffeftion, fuch knives as are made ufe of by the Germans and French in tracing the nerves. They muft be made thin in the blade like lancets, and not much larger. A variety of different (haped blades, feme fingle and others double edged, will be neceflary for various parts of the body ; the fault of the common differing knives being that they are too thick in the blade, which makes them foon blunt, and occafions the trouble of perpetual grinding, which is not the cafe with thofe juft recommended. A fliarp-pointed forceps is neceffary, in order to lay fall hold of the fmalleft por¬ tion of cellular fubftance; but they ought not to be fo fliarp as to endanger the punfluring of the veffels: nor ftiould they by any means be bowed or ftiff in the ipring, to prevent the fingers of the operator from being wearied in the operation. They (hould alfo be made in fuch a manner as to hold large as well as fmall por¬ tions of reticular fubftance. For diffeflions of this kind, fine-pointed feiffars and lancets fixed in handles are fome- times neceffary ; and it is frequently of ufe to plunge the parts into water, in order to loofen the reticular membrane connecled with the outfide of the coats of the veffels; by which means they may be diffefled more eafily, and with lefs danger of wounding them. The blood may be extrafled by frequently changing the wa¬ ter. After being injefled with quickfilver, the parts fhould not be allowed to remain long in the w'ater, be- enufe the^volatile alkali formed by putrefaflion is apt to change the colour of the mercury. The diffeflion being performed, the preparation is then to be preferved either in a wet or dry ftate, ac¬ cording to its nature. Preparations of the larger parts, as the trunk or extremities, (hould be preferved dry; and to dry them effeauaily, they fnould be expofed to a free current of air, but not to the rays of the fun ; and the veffels {hould be displayed in their natural fituation. When fully dried, they ought then to be yarniflied over with tranfparent fpirit or copal varnilh : which will not only preferve them from infeas, but render them more beautiful, and the veffels more confpicuous. They fhould then be inclofed in glafs cafes, where they are to be placed in a horizontal pofition, and handled as little aspoflible. To make preparations of the thoracic dua, we muft in the firft place fill the aorta, vena cava fuperior, and vena azygos or intercoftalis, with coarfe injeaion ; then fill, ^ with the fame, the veffels below the right crus or little mufcle of the diaphragm. The dua is fometimes prepared with quickfilver; but Mr Sheldon recommends to anatomifts to make drawings of any thing new or remarkable in their preparations sf the I Je&Icn. lymphatic veffels with quickfilver ; as moft of thofe —V—- fpecimens, particularly fuch as are dried, become at laft totally ufelefs, by reafon of the drying of the vef¬ fels and the efcape or blackening of the mercury ; or from the varnifli growing more and more opaque w ith age. The quickfilver injeflion, however, in feme cafes is very ufeful. Thus, for inftance, if we wiftr to demonftrate the valves in the thoracic duft, or any other large abforbent veffel, we need only injeft the veffels with quickfilver, diffeft and dry them, then cut them open, and let the mercury run out: after which the valves will appear by making feftions in the coats of the veffels. This may be done ftill better by varnifh- ing the veffels three or four times before the fe&ions are made; becaufe the varnifti will ftrengthen the fides of the veffel. In wet preparations, the valves in the cavities of thefe parts may likewife be demonftrated by opening them, or by inverting the veffels and fuf- pending them in proof malt-fpirits. Thus the valves that cover the terminations of the thoracic duft on the infide of the angle formed between the jugular and fubclavian veins on the left fide, and thofe which ter¬ minate the lymphatics on the right fide of the neck, arm, and lungs, may be beautifully demonftrated. Spe¬ cimens of the la&eal veffels, of the abforbents of the heart, lungs, liver, fpleen, diaphragm, kidneys, &c. may be kept wet or dry, according to the particular nature of the preparation or view of the anatomift. Some preparations are the better for being dried and afterwards immerfed in phials full of oil of turpentine ; by which means the flefti will be rendered tranlparent, the veffels diftinflly feen, and the veffels appear ex¬ tremely beautiful. The only difadvantage of this me¬ thod is, that the parts on which the veffels pafs, do not at all preferve their natural bulk by reafon of their (hrinking up ; and as the wet preparations are free from this inconvenience, Mr Sheldon does not hefitate at afligning them a decided fuperiority over the dry ones.—Sometimes it is neceffary to fix the preparations upon ftiff paper or pafteboard, on account of their weight after being injefted w ith mercury. The paper or pafteboard on which they are faftened ought to be of various colours, according to the nature of the prepa¬ ration, in order to form a proper ground for (bowing the lymphatic vefiels. Such finall preparations as are preferved in fpirits, or oil of turpentine, may be kept in bottles well clofed with (toppers; and the larger in common preparation glades. Our author deferibes a fimple method of (lopping the mouths of thefe prepa¬ ration glades, by which means the (topper is rendered nearly as durable as the glafs itfelf. “ In order to execute it, let the anatomiit take care to have the up¬ per furface of his bottles made plain, by defiring the workmen at the glafs-houfe to flatten them in the ma¬ king. This they will eaflly do in forming the round ones, but the flat bottles are attended with confiderable difficulty. The right way to make them, I believe, would be to blow them in moulds of various fizes ; the workman ftiould likewife form the bottoms of the bot¬ tles perfectly flat, that they may (land upright and Hea¬ dy. Bottles of this form being provided for the larger preparations, we grind the upper furface of them on a plain plate of lead, about a quarter of an inch thick, and tw'o feet in diameter; firft with fine emery and wa¬ ter. I N J ‘ 2 Tnjecllon. ter, then wilh powdered rotten done, or putty fir ft wet ““'■"V”*-' with water and at laft dry $ fo that the furfaee may be reduced to an exa£t horizontal plane, and of as fine a polilh as plate-glafs. This will foon be done, as the manoeuvre requires but little dexterity and the ana- tomift ihould be provided with a cenfiderable number of thefe glaffes prepared as above directed. To the top of each bottle a piece of plate-glafs, cut by a dia¬ mond, is to be adapted fo as completely to cover, but not projedt over, the edge of the bottle. When thefe two fmooth furfaces are put upon each other, with a drop of water between, the attradlion of cohefion is fo confiderable, that it requires great force to feparate them.” Many preparations of the lymphatics, and other parts preferved in bottles, do not require any firings to fufpend them j particularly when fixed on pafteboard or paper : fuch as require fufpenfion ihould be tied to firings fixed to tbe preparation below, and to fmall holes drilled in the fubftance of the glafs at the bottom of the neck ; or to fmall bits of glafs that may be fixed on the infide of the fame part. The preparation is thus fufpended in limpid proof malt-fpirit, the bottle being almoft completely filled ; the upper and poliftied furface of the bottle, and the plate of glafs, are to be wiped clean and dry 5 a drop of folution of gum arabic is to be put on the polifhed furface of the bottle, the top ftrongly and fteadily preffed upon it, fo as to bring the two furfaces into as clofe contadl as poflible j after which the bottle is to be placed in a cool airy place to dry. A piece of wet ox-bladder, freed from fat, and foaked in water till it becomes mu¬ cilaginous, is then to be placed over the top, tbe air prefled out from between it and the glafs 5 after which it muft be tied with a packthread dipped in the folu¬ tion of gum arabic. The bladder being cut off neatly under the laft turn of the thread, is then to be dried, the firing taken cautioufty off, and the top and neck painted with a compofition of lamp-black mixed with japanners gold fize : this foon dries, and leaves a fine fmooth gloffy furface, from which the dirt can at any time be as readily wiped off as from a mirror. By this method large bottles are as eafily and effeclually fecured as fmall ones ; and it is found to anfwer as well as the hermetical fealing of glaffes, which in large vef- fels is altogether impradlicable. If the bottoms have any inequalities which prevent them from Handing fteady, they may be eafily made perfectly flat by grind¬ ing them with emery on the plate above mentioned. The tops, if w-ell gummed, will even remain perfeftly fixed on the glaffes without the bladder : though in the common upright ones it may be advifable to put it on as a defence. Our author informs us, that finee his making this difcovery, he has ufed glafs faucers j with flat tops gummed on. In thefe veffels the prepa¬ rations, by reafon of their horizontal pofture, appear to great advantage. Thus he has exhibited very early abortions in their membranes, and feme other prepa¬ rations that cannot be fufpended or viewed conveni¬ ently in the perpendicular direfHon. Some very deli¬ cate preparations, particularly thofe intended to be viewed with the microfcope, thofe of the ampullulse lasffeae of Lieberkuhn, and of the valves of the abfor- bents, may be preferved either in fpirits or dry in tubes clofed in the manner juft mentioned, and will 59 1 INK appear to great advantage. Some of the dry ones Inje&ion may alfo be advantageouily placed in fquare oblong ^J_ boxes, made of pieces of plate or white glafs neatly i gummed together, with narrow flips of white or co¬ loured paper, and the objects may be conveniently viewed in this manner. With refpeft to the flopper bottles, which are very convenient for holding fmall preparations, our author advifes the ftoppers to be per¬ feftly well ground j that they pafs rather lower down than the neck of the bottle, for the convenience of drilling two holes obliquely through the inferior edge of the fubftance of the flopper, oppofite to each other, for the convenience of fixing threads to hold the fub- jeft : for if the threads pafs between the neck and rtopper, a fpace will be left 5 or if the ftopper be well ground, the neck of the bottle will be broken in en¬ deavouring to prefs it down. On the other hand, if any fpace be left, the thread, by its capillary attraflion, will aft from capillary attraflion, raiie the fpirits from the bottle, and caufe evaporation, which will likewife take place from the chink between the ftopper and neck. INISTIOGE, a poll town of Kilkenny, in the pro¬ vince of Leinfter 3 63 miles from Dublin. It is alfo a borough, and returns two members to parliament 3 pa¬ tronage in the reprefentative of Sir William Fownes.— It has two fairs. INITIATED, a term properly ufed in fptaking of the religion of the ancient heathens 3 where it figni- fies being admitted to the participation of the facred myfteries. The word comes from the Latin initiatus, of initiare, initiari; which properly fignifies to begin facrificing, or to receive or admit a perfonto the begin¬ ning of the myfteries, or of ceremonies of lels import¬ ance. The ancients never difeovered the deeper myfteries of their religion, nor even permitted feme of their tem¬ ples to be open, to any but thofe who had been initi¬ ated. See Mystery. INJUNCTION, in Zoiu, a writ generally grounded upon an interlocutory order or decree out of the court of chancery or exchequer, fometimes to give poffeffion to the plaintiff, for want of the defendant’s appearance 3 fometimes to the king’s ordinary court, and fometimes to the court-chriftian, to flop proceedings in a caufe, upon fuggeftion made, that the rigour of the law, if it take place, is againft equity and confeience in that cafe, that the complainant is not able to make his de¬ fence in thefe courts, for want of witneffes, &c. or that they a6t erroneoufly, denying him fome juft ad¬ vantage. The writ of injunction is directed not only to the party himfelf, but to all and Angular his coun- fellors, attorneys, and folicitors 3 and if any attorney, after having been ferved with an injunction, proceeds afterward contrary to it, tbe court of chancery will commit the attorney to the Fleet for contempt. But if an injunction be granted by the court of chancery in a criminal matter, the court of king’s bench may break it, and proteCt any that proceed in contempt of it. INJURY, any wrong done to a man’s perfon, re¬ putation, or goods. See Assault. INK, a black liquor ufed, in writing, generally made of an infufion of galls, copperas, and gum-arabic. The properties which this liquor ought to have, are, K k 2 - 1. To INK [ 260 ] INK 1, To flow freely from the pen, and fink a little into the paper, that the writing be not eafily difcharged. 2. A very deep black colour, which fhould be as deep at fir 11 as at any time afterwards* 3. Durability, fo that the writing may not be fubjeft to decay by age. 4. Ink fhould be dellitute of any corrofive quality, that it may not deftroy the paper, or go through it in fuch a manner as to render the writing illegible. No kind of ink, however, hath yet appeared which is poiTeffed of all thefe qualities. The ink ufed by the ancients was poffcffed of the fecond, third, and fourth qualities above mentioned, but wanted the firft. Dr Lewis hath difcovered its compofition from fome paf- fagcs in ancient authors. “ Pliny and Vitruvius (fays he) exprefsly mention the preparation of foot, or what we now call lattip-b/ack, and the compofition of writing- ink from lamp-black and gum. Diofcorides is more particular, fetting down the proportions of the two in¬ gredients, viz. three ounces of the foot to one of the gum. It feems the mixture was formed into cakes or rolls j which being dried in the fun, were occafionally tempered with water, as the cakes of Indian ink are among ns for painting.” In Mr Dtlaval’s Treatife on Colours, p. 37. he ac¬ quaints us, that with an infufion of galls and iron filings, he had not only made an exceedingly black and dura¬ ble ink, but by its means, without the addition of any acid, dyed filk and woollen cloth of a good and lafling black. This kind of ink, however, though the colour is far fuperior to that of any other, has the inconveni¬ ence of being very eafily difcharged, either by the fmalleft quantity of any acid, or even by fimple water j becaufe it does not penetrate the paper in fuch a man- tier as is neceffary to preferve it from the inftantaneous action of the acid or of the water. During the aflion of the infufion of galls upon the iron in making this kind of ink, a very confiderable effervefcence takes place, and a quantity of air is difcharged, the nature of which has not yet been examined. The materials ufually employed for the making of ink are, common green vitriol, or copperas and galls •, but almoft all of them are deficient in durability, which is a property of fuch importance, that Dr Lewis hath thought the fubjedt of ink-making not unworthy of his attention. From experiments made by that author, he infers, that the decay of inks is chiefly owing to a deficiency of galls j that the galls are the moft perifh- able ingredient, the quantity of thefe, which gives the greateft blacknefs at firft (which is about equal parts with the vitriol), being infufficient to maintain the colour : that, far i durable ink, the quantity of galls cannot be much lefs than three times that of the vitriol; that it cannot be much greater without leffening the blacknefs of the ink : that by diminifhing the quantity of water, the ink is rendered blacker and more durable ; that diftilled water, rain-water, and hard fpring-water, have the fame effedfs : that white wine produces a deep¬ er black colour than water; that the colour produced by vinegar is deeper than that by wine 5 that proof- ipirit extradls only a reddifh brown tinge j that the laft-mentioned tindiure finks into, and fpreads upon, the paper j and hence the impropriety of adding fpi- rit of wine to ink, as is frequently diredled, to prevent mouldinefs or freezing : that other aftringents, as oak- 4 bark, biftort, floe-bark, &c. are not fo efFedlual as galls, nor give fo good a black, the colour produced by moft of thefe, excepting oak-bark, being greenifh : that the juice of floes does not produce a black colour with martial vitriol; but that, neverthelefs, the wri¬ ting made with it becomes black, and is found to be more durable than common ink : that inks made with faturated folutions of iron, in nitrous, marine, or acetous acids, in tartar, or in lemon juice, were much inferior to the ink made with martial vitriol : that the co¬ lour of ink is depraved by adding quicklime, which is done with an intention of deftroyfng any fupera- bundant acid which may be fuppofed to be the caufe of the lofs of the colour of ink : that the beft method of preventing the effects of tin's fuperabundant acid is probably by adding pieces of iron to engage it ; and that this conjecture is confirmed by an inftance the author had heard, of the great durability of the colour of an ink in which pieces of iron had been long im- merfed : and laftly, that a decoCtion of logwood ufed inftead of w-ater, fenfibly improves both the beauty and deepnefs of the black, without difpofing it to fade. The fame author obferves, that the addition of gum-arabic is not only ufeful, by keeping the colouring matter fuf- pended in the fluid, but alto by preventing the ink from fpreading, by which means a greater quantity of it is colltCted on each flroke of the pen. Sugar, which is fometimes added to ink, is found to be much lefs ef¬ fectual than gums, and to have the inconvenience of preventing the drying of the ink. The colour of ink is found to be greatly injured by keeping the ink in vefiels made of copper or of lead, and probably of any other metal, excepting iron, which the vitriolic acid can diflblve. The foregoing experiments point out for the beft proportions of the ingredients for ink, one part of green vitriol, one part of powdered logwood, and three parts of powdered galls. The beft menftruum appears to be vinegar or white wine, though for com¬ mon ufe water is fufficient. If the iiik be required to be of a full colour, a quart, or at moft three pints, of liquor, may be allowed to three ounces of galls, and to one ounce of each of the other two ingredients. Half an ounce of gum may be added to each pint of the liquor. The ingredients may be all put together at once in a convenient veffel, and well Ihaken four or five times each day. In 10 or 12 days the ink will be fit for ufe, though it will improve by remaining long¬ er on the ingredients. Or it may be made more ex- peditioully, by adding the gum and vitriol to a decoc¬ tion of galls and logwood in the menftruura. To the ink, after it has been feparated from the feculencies, fome coarfe powder of galls, from which the fine duft has been lifted, together with one or two pieces of iron, may be added, by which its durability will be fe- cured. In fome attempts made by the DoCtor to endowr wri¬ ting ink with the great durability of that of the an¬ cients, as well as the properties which it has at pre- fent; he firft thought of ufing animal glues, and then of oily matters. “ I mixed both lamp-black (fays he) and ivory-black with folutions of gum-arabic, made of fuch confiftence as juft to flow fufficiently from the pen. The liquors wrote of a fine black colour ; but when INK [ 261 ] INK Ink. when dry, part of the colour could be rubbed off, efpecially in moift weather, and a pencil dipped in wa¬ ter waffied it away entirely. “ I trietl folutions of the animal-glues with the fame event. Ifinglafs or fifh glue being the mofl dif¬ ficultly diffoluble of thefe kinds of bodies, I made a decoftion of it in water, of fuch ftrength that the li¬ quor concreted into a jelly before it was quite cold : with this jelly, kept fluid by fufficient heat, I mixed fome ivory-black : characters drawn with this mix¬ ture on paper bore rubbing much better than the others, but were difcharged without much difficulty by a wet pencil. “ It was now fufpeCled, that the colour could not be fuffieiently fixed on paper without an oily cement. As oils themfelves are made mifcible with watery fluids by the intervention of gum, I mixed fome of the fofter painters varnifh, aftermentioned, with about half its weight of a thick mucilage of gum-arabic, working them well together in a mortar till they united into a * fmooth uniform mafs: this was beaten with lamp-black, and fome water added by little and little, the rubbing being continued till the mixture was diluted to a due confluence for writing. It wrote freely, and of a full brownifh black colour: the charaffers could not be dif¬ charged by rubbing, but water wafhed them out, though not near fo readily as any of the foregoing. Inflead of the painters varnifh or boiled oil, I mixed raw lin- feed oil in the fame manner with mucilage and lamp¬ black ; and on diluting the mixture with water, obtain¬ ed an ink not greatly different from the other. “ Though thefe oily mixtures anfwered better than thofe with Ample gums or glues, it was apprehended that their being difchargeable by water would render them unfit for the purpofes intended. The only way of obviating this imperfeftion appeared to be, by ufing a paper which fhould admit the black liquid to fink a little into its fubftance. Accordingly I took fome of the more finking kinds of paper, and common paper made damp as for printing ; and had the fatif- faftion to find, that neither the oily nor the Ample gummy mixtures fpread upon them fo much as might have been expedited, and that the charafters were as fixed as could be defired, for they could not be wafhed out without rubbing off part of the fubftance of the paper itfelf. “ All thefe inks muff be now and then ftirred or fhaken during the time of ufe, to mix up the black powder, which fettles by degrees to the bottom : thofe with oil muft be well fhaken alfo, though not ufed, once a-day, or at leaft once in three or four days, to keep the oil united with the water and gum ; for, if once the oil feparates, which it is apt to do by Hand¬ ing at reft for fome days, it can no longer be mixed with the thin fluid by any agitation. But though this imperfeft union of the ingredients renders thefe inks lefs fit for general ufe than thofe commonly employed, I apprehend there are many occafions in which thefe kinds of inconveniences will not be thought to coun¬ terbalance the advantage of having writings which we may be affured will be as lafting as the paper they are written upon. And indeed the inconvenience may be in a great meafure obviated by ufing cotton in the ink- ftand, which, imbibing the fluid, prevents the fepara- tion of the black powder diffufed through it. “ All the inks, however, made on the principle Ink. w'e are now fpeaking of, can be difcharged by wafh-—•y-—^ ing, unlefs the paper admits them to fink into its fub¬ ftance. The ancients were not infenfible of this im- perfeftion ; and fometimes endeavoured to obviate it, according to Pliny, by ufing vinegar, inftead of water, for tempering the mixture of lamp-black and gum. I tried vinegar, and found it to be of fome advantage, not as giving any improvenaent to the cement, but ^by promoting the finking of the matter into the paper. As this wafliing out of the ink may be prevented by ufing a kind of paper eafy enough to be procured, it is. fcarce to be confidered as an imperfection ; and in¬ deed, on other kinds of paper, it is an imperfection only fo far as it may give occafion to fraud, for none of thefe inks are in danger of being otherwife difcharged than by defign. The vitriolic inks themfelves, and thofe o£ printed books and copperplates, are all difchargeablej nor tan it be expeCted of the ink-maker to render writings feeure from frauds. “ But a further improvement may yet be made, namely, that of uniting the ancient and modern inks together j or ufing the common vitriolic ink inftead of w'ater, for tempering the ancient mixture of gum and lamp-black. By this method it fhould feera that the writings would have all the durability of thofe of for¬ mer times, with all the advantage that refults from the vitriolic ink fixing itfelf in the paper. Even where the common vitriolic mixture is depended on for the ink, it may in many cafes be improved by a fmall ad¬ dition of the ancient compofition, or of the common Indian ink which anfwers the fame purpofe : when the vitriolic ink is dilute, and flows fo pale from the pen, that the fine ftrokes, on firft writing, are fcarcely vi- * fible, the addition of a little Indian ink is the readiefb means of giving it the due blacknefs. By this admix¬ ture it may be prefumed alfo that the vitriolic ink will be made more durable, the Indian ink in fome meafure covering it, and defending it from the aCIion of the air. In all cafes, where Indian ink or other ftmilar compofi- tions are employed, cotton fhould be ufed in the ink- ftand, as already mentioned, to prevent the fettling of the black powder.” Since the invention of printing much lefs attention than formerly has been paid to the making of ink, fo that now the art feems to be in a great meafure loft. This will appear from a comparifon of fome ancient manufcripts with the writings of modern times. It being of the utmoft importance, how’ever, that public records, wills, and other valuable papers, which cannot admit of being printed, fhould be written with ink of a durable quality, this inattention feems tc- have been very culpable, and a reftoration of the method of ma¬ king writing ink a very valuable acquifition. “ The ne- ceffity (fays Mr Aftle*) of paying greater attention to*^,,—^ ~ this matter may readily be feen, by comparing the rolls Alpkab. and records that have been written from the 15th Writing, century to the end of the 17th, with the writings we have remaining of various dates from the jth to the 1 2th centuries. Notwithftanding the fuperior an¬ tiquity of the latter, they are in excellent preiervation $ but we frequently find the former, though of more modern date, fo much defaced, that they are fcarcely legible.” Our author agrees with Dr Lewis in the opinion that INK [ 262 ] - INK that the ancient inks were compofed of foot or ivory black inftead of the galls, copperas, and gums, which form the compolition of ours. Befides their black inks, however, the ancients ufed various other colours, as red, gold and lilver, purple, &c. Green ink was frequently ufed in Latin manufcripts, efpecially in the latter ages j and it was frequently employed in figna- tures by the guardians of the Greek emperors till their ■wards were of age. Blue or yellow ink was feldom ufed except in manufcripts 5 but (fays Mr Aftle) u the yellow has not been much in ufe, as far as we can learn, thefe 600 years.” Some kinds of charadlers, particu¬ larly the metallic, were burnifhed. Wax was ufed by the Latins and Greeks as a varnilh, but efpecially by the former, and particularly in the 9th century. It continued a long time in vogue. A treatife upon inks was publilhed by Peter Cani- parius profeffor of medicine at Venice; of which an ■edition was printed at London in 1660. It is divided into fix parts. The firft treats of inks made from py¬ rites, Hones, and metals •, the fecond of fuch as are made from metals and calces j the third from foots and vitriols ; the fourth of the different kinds of inks ufed by the librarii or book-writers, by printers, and en¬ gravers ; likewife of ftaining or writing upon mar¬ ble, ftucco, or fcaliolia, and of encauftic modes of ■writing j alfo of liquids for painting or colouring lea¬ ther and linen or woollen cloth *, reftoring inks that had been decayed by time; together with many me¬ thods of effacing writing, refton’ng decayed paper, and different modes of fecret writing. The fifth treats of writing inks made in different countries from gums, woods, the juices of plants, &c. as well as of different kinds of varnifhes. The fixth treats of the different methods of extrafting vitriol, and the chemical ufes of it. Weckerus de Secretis, a treatife printed at Bafil in 1612, contains a number of curious particulars con¬ cerning ink. He gives alfo receipts for making gold and filver inks, compofed both with thefe metals and without them •, directions for making inks for fecret writing, and for defacing them j though in this laft part there are many particulars bordering too much on the marvellous. In the Philofophical TranfaCtions for 1787, Dr Blag- den gives fome account of a method of reftoring de¬ cayed inks fo as to render them legible. His expe¬ riments originated from a converfation with Mr Aftle already quoted, on the queftion whether the inks made eight or ten centuries ago, and which are found to have preferved their colour very well, were made of the fame materials now employed or not ? In order to decide the queftion, Mr Aftle furnilhed the doCtor with feveral manufcripts on parchment and vellum from the 9th to the 15th centuries inclufively. Some of thefe were ftill very black j others of different ftiades, from a deep yellowilh brown to a very pale yellow, in fome parts fo faint that it could fcarcely be feen. This was tried with fimple and phlogifticated alkalies, the mineral acids, and infufion of galls. From thefe ex¬ periments it appeared that the ink anciently employed was of the fame nature as at prefent: the letters turn¬ ed of a reddilh or yellowilh brown with alkalies be¬ came pale, and were at length obliterated by the di¬ lute mineral acids. The drop of acid liquor, which had been put upon a letter, changed to a deep blue or green on the addition of phlogifticated alkalies; with an infufion of galls, in fome cafes the letters acquired a deep tinge, in others a flight one. “ Hence (fays the dodtor) it is evident, that one of the ingredients was iron, which there is no reafon to doubt was joined with the vitriolic acid j and the colour of the more perfedt MSS. which in fome was a deep black, and in others a purplilh black, together with the reftitution of that colour in thofe which had loft it by the infufion of galls, fufficiently proved that another of the ingredients was aftringent matter, which from hiftory appears to have been that of galls. No trace of a black pigment of any fort was difcovered ; the drop of acid, which had completely extradted a letter, appearing of an uni¬ form pale and ferruginous colour, without an atom of black powder, or other extraneous matter floating in it.” As this account differs very materially from the for¬ mer extradfed from Mr Aftle’s writings, fo the reafon given for the continuance of the colour differs no lefs. This, according to Dr Blagden, “ feems to depend very much on a better preparation of the material upon which the writing was made, namely the parchment or vellum ; the blackeft letters being generally thofe which had funk into it the deepeft. Some degree of effervefcence was commonly to be perceived when acids were in contadl with the furface of thefe old vellums. I was led, however, to fufpedl, that the ancient inks contained rather a lefs proportion of iron than the more modern j for, in general, the tinge of colour produ¬ ced by the phlogifticated alkali in the acid laid upon them, feemed lefs deep ; which, however, might de¬ pend in part upon the length of time they have been kept: and perhaps more gum was ufed in them, or they were waftied over with fome kind of varnifh, though not fuch as gave any glofs.” Among the fpecimens with which our author wag favoured by Mr Aftle, there was one which differed very materially from the reft. It was faid to be a ma- nufcript of the 15th century : the letters were of a full engroffing hand, angular without any fine ftrokes, broad, and very black. None of the chemical folvents above mentioned feemed to produce any effeft. Moft of them feemed rather to make the letters blacker, probably by cleaning the furface j and the acids, after having been rubbed ftrongly upon the letters, did not ftrike any deeper tinge with the phlogifticated alkali. Nothing could obliterate thefe but what took off part of the vellum j when fmall rolls of a dirty matter were to be perceived. “ It is therefore unqueftionable (fays the doftor) that no iron was ufed in this ink ; and, from its refiftance to the chemical folvents, as well as a certain clotted appearance in the letters when exa¬ mined clofely, and in fome places a flight degree of glofs, I have little doubt that they were formed of a footy or carbonaceous powder and oil, probably fome- thing like our prefent printers ink •, and am not with¬ out fufpicion that they were aftually printed.” On examining this MS. more fully, our author was convinced that it was really a part of a very ancient printed book. In confidering the methods of reftoring the legibility of decayed writings, our author obferves, that perhaps one of the beft may be to join phlogifti¬ cated alkali with the calx of iron which remains; be- caufe INK [ 263 ] IN K caufe the precipitate formed by thefe two fubRanees ^ greatly exceeds that of the iron alone. On this fubjeft Dr Blagden difagrees with Mr Bergmann; but to bring the matter to a teft, the following experiments were made. I. The phlogifticated alkali was rubbed in different quantities upon the bare writing. This, in general, produced little effect •, though, in a few inftances, it gave a blifilh tinge to the letters, and increafed their intenfity *, “ probably (fays the doftor) where fome- thing of an acid nature had contributed to the diminu¬ tion of their colour.” 2. By adding, befides the al¬ kali, a dilute mineral acid to the writing, our author found his expectations fully anfwered ; the letters then changing quickly to a very deep and beautiful blue. It is but of little confequence whether the acid er phlo- gifcicated alkali be firft added *, though upon farther confideration the doCtor inclined to begin with the alkali. The reafon is, that when the alkali is firlt put on, the colour feems to fpread lefs, and thus not to hurt the legibility of the writing fo much as wmuld otherwife be done. His method is to fpread the alkali thin over the writing with a feather, then to touch it as gently as poffible upon or nearly over the letters with the diluted acid by means of a feather or bit of flick cut to a blunt point. The moment that the acid liquor is applied, the letters turn to a fine blue, be¬ yond comparifon flronger than the original trace of the letter ; and by applying a bit of blotting-paper to fuck up the fuperfluous liquid, we may in a great mea- fure avoid the Raining of the parchment: for it is this fuperfluous liquor which, abforbing part of the colour¬ ing matter from the letters, becomes a dye to what¬ ever it touches. Care ought, however, to be taken not to allow the blotting paper to come in contatl with the letters, becaufe the colouring matter may ea- fily be rubbed off while foft and wet. Any one of the three mineral acids will anfwer the purpofe effeftually. Dr Blagden commonly ufes the marine. But which¬ ever of the three is ufed, it ought to be diluted fo far as not to be in danger of corroding the parchment j after which the degree of ftrength feems not to be a matter of great nicety. Another method of reftoring the legibility of old writings is by wetting them with an infufion of galls in white wine : but this is fubjeft to the fame inconveni¬ ence with the former, and is befides lefs efficacious. The do&or is of opinion that the acid of the galls by itfelf wrould be better for the purpofe than the infufion of the whole fubftance of them ; and he thinks alfo that a preferable kind of phlogifticated alkali might be prepared either by purifying the common kind from iron as much as poffible, or by making ufe of the vo¬ latile alkali inftead of the fixed. Mr Aftle mentions a method of reftoring the legibility of decayed writings j but fays that it ought not to be hazarded left a fufpi- cion of deceit fliould arife. A method has been propofed of preventing ink from decaying by walking over the paper to be written upon with the colouring matter of Pruffian blue, which will not deprave it in colour, or any other refpe£t. By writing upon it with common ink afterwards, a ground of Prufiian blue is formed under every ftroke 5 and this remains ffrong after the black has been de¬ cayed by the weather or deftroyed by the acids. Thus the ink will bear a larger proportion of vitriol at firft, and will have the advantage of looking blacker when firft written. Indian INK, a Valuable black for water-colours, brought from China and other parts of the Eaft In¬ dies, fometimes in large rolls, but more commonly in fmall quadrangular cakes, and generally marked with Chinefe eharadlers. Dr Lewis, from experiments made on this fubftance, hath fliown that it is compofed of fine lamp-black and animal glue : and accordingly, for the preparation of it, he defires us to mix the lamp¬ black with as much melted glue as is fufficient to give it a tenacity proper for being made into cakes j and thefe when dry, he tells us, anfw'ered as well as thofe imported from the Eaft Indies, both with regard to the colour and the freedom of w-orking. Ivory black, and other charcoal blacks, levigated to a great degree of finenefs, anfwered as well as the lamp-black *, but in the ftate in which ivory-black is commonly fold, it proved much too gritty, and feparated too haftily from the w'ater. Printing INK, is totally different from Indian ink, or that made ufe of in writing. It is an oily compofi- fition, of the confiftence of an ointment : the me¬ thod of preparing it was long kept a fecret by thofe whofe employment it was to make it, and who were in- terefted in concealing it j and even yet is but imper- fedftly known. The properties of good printing ink are, to work clean and eafily, without daubing the types, or tearing the paper ; to have a fine black co¬ lour j to waffi eafily off the types ; to dry foon j and to preferve its colour, without turning brown. This laft, which is a moft neceffary property, is effe&ually obtained by fetting fire to the oil w ith which the print¬ ing ink is made for a few' moments, and then extin- guiffiing it by covering the veffel (a). It is made to wafh eafily off the types, by ufing foap as an ingre¬ dient ; and its working clean depends on its having a proper degree of ftrength, which is given by a certain addition of rofin. A good deal, however, depends on the proportion of the ingredients to eacli other j for if too much foap is added, the ink will work very foul, and daub the types to a great degree. The fame thing will happen from ufing too much black, at the fame time that both the foap and black hinder the ink from drying ; while too much oil and rofin tear the paper, and hinder it from wafhing off.—The following receipt has been found to make printing ink of a tolerable good quality. “ Take a Scots pint of 1 infeed oil, and fet it over a pretty brifk fire in an iron or copper veffel capable of holding three or four times as much. When it boils ftrongly, and emits a thick fmoke, kindle it with a piece of paper, and immediately take the vef¬ fel off the fire. Let the oil burn for about a minute 5 then extinguish it by covering the veffelj after it has- grown (a) This is mentioned by Dr Lew is in his Philofophical Commerce of Arts} but he feems not to have been sequaiuied with the method of giving it the other neceffary properties^ INK [ 264 ] INK grown pretty cool, add two pounds of black rolin, and one pound of hard foap cut into thin flices. If the oil is very hot when the foap is added, almoft the whole mixture will run over the veflel. The mixture is then to be fet again over the fire ; and when the ingredi¬ ents are thoroughly melted, a pound of lamp-black, previoufly put through a lawn fieve, is to be ftirred into it. The whole ought then to be ground on a marble (tone, or in a levigating mill. Though the above receipt is greatly fuperior to any that hath been hitherto published, all of which are capitally deficient in not mentioning the necef- fary ingredients of rofin and foap j yet it muft be ac¬ knowledged that ink made in this manner is inferior in point of colour, and is likewife more apt to daub the types and make an indiftinft impreflion, than fuch as is prepared by fome of thofe who make the ma¬ nufacture of this commodity their employment 5 fo that either a variation in the proportion of the ingre¬ dients, a nicety in the mixture, or fome additional in¬ gredient, feems neceffary to bring it to the requifite .perfection. INK for the rolling Prefi, is made of linfeed oil burnt in the fame manner as that for common printing ink, and then mixed with Francfort-black, and finely ground. There are no certain proportions which can be determined in this kind of ink 5 every workman adding oil or black to his ink as he thinks proper, in order to make it fuit his own tafte.—Some, how¬ ever, mix a portion of common boiled oil, which has never been burnt : but this mult necelfarily be a bad praCtice, as fuch oil is apt to go through the paper j a fault very common in prints, efpecially if the paper is not very thick. No foap is added j becaufe the ink is not cleared off from the copperplates with alka¬ line ley as in common printing, but with a brufh dip¬ ped in oil. Ink is alfo an appellation given to any coloured liquor ufed in writing. „ Different kinds of thefe inks may be prepared by the directions given under the article COLOUE-Making. Sympathetic INK, a liquor with which a perfon may write, and yet nothing appear on the paper after it is dry, till fome means are ufed, as holding the paper to the fire, rubbing it over with fome other liquor, &c. Thefe kinds of ink may be divided into feven claffes, with refpeCt to the means ufed to make them vifible j viz. 1. Such as become vifible by pafling another li¬ quor over them, or by expofing them to the vapour of that liquor. 2. Thofe that do not appear fo long as they are kept clofe, but foon become vifible on being expofed to the air. 3. Such as appear by drewing or lifting fome very fine powder of any colour over them. 4. Thofe which become vifible by being expofed to the fire. 5. Such as become vifible by heat, but dif- appear again by cold or the moiflure of the air. 6. Thofe which become vifible by being wetted with water. 7. Such as appear of various colours. I. The firft clafs contains four kinds of ink, viz. fo- lutions of lead, bifmuth, gold, and green vitriol, or fulphate of iron. The two firft become vifible by the contaCl of fulphureous liquids or fumes. For the firft, a folution of common fugar of lead in water anfwers very well. With this folution write with a clean pen, .and the writing when dry will be totally invifible ; but if it be wetted with a folution of hepar fulphuris, or Ink. of orphnent, diftblved by means of quicklime j or ex- 1 v"** pofed to the ftrong vapours of thefe folutions, the writ¬ ing will appear of a brown colour, more or lefs deep according to the ftrength of the fulphureous fume. By the fame means the folution of nitrate of bifmuth will appear of a deep black. The fympathetic ink prepared from gold depends on the property by which that metal precipitates from its folvent on the addition of a folution of tin. Write with a folution of gold in nitro-muriatic acid, and let the paper dry gently in the ftiade j nothing will appear for the firft; (even or eight hours. Dip a pencil in the folution of tin, and draw it lightly over the invifible chara&ers, they will immediately appear, of a purple colour. Charaflers written with a folution of green vitriol, will likewife be invifible when the paper is dry 5 but if wetted with an infufion of galls, they will immediately appear as if written with common ink. If, inftead of this infufion, a folution of an alkaline prufliate be ufed, the writing will appear of a deep blue. II. To the fecond clafs belong the folutions of all thofe metals which are apt to attrafl oxygen from the air, fuch as lead, bifmuth, filver, &c. The fympathe¬ tic ink of gold already mentioned belongs alfo to this clafs *, for if the characters written with it are long ex¬ pofed to the air, they become by degrees of a deep violet colour, nearly approaching to black. In like manner, characters written with a folution of nitrate of filver are invifible when newly dried, but being expefed to the fun, appear of a gray colour like Hate. To this clafs alfo belong folutions of fugar of lead, nitrates of copper and of mercury, acetate of iron, and muriate of tin. Each of thefe has a particular colour when ex- poled to the air ; but they corrode the paper. III. The third clafs of fympathetic inks contains fuch liquids as have fome kind of glutinous vifeofity, and at the fame time are long in drying •, by which means, though the eye cannot difeern the characters written with them upon paper, the powders ftrewed upon them immediately adhere, and thus make the wwiting become vifible. Of this kind are urine, milk, the juices of fome vegetables, weak folutions of the de- liquefcent falts, &c. IV. This clafs, comprehending all thofe that be¬ come vifible by being expofed to the fire, is very ex- tenfive, as it contains all thofe colourlefs liquids in which the matter diflblved is capable of being reduced, or of reducing the paper, into a fort of charcoal by a fmall heat. Sulphuric acid diluted with as much water as will prevent it from corroding the paper makes a good ink of this kind. Letters written with this fluid are invifible when dry, but inftantly on being held near the fire appear as black as if written with the fineft; ink. Juice of lemons or onions, a folution of fal-ammoniac, green vitriol, &c. anfwer the fame purpofe. V. The fifth clafs comprehends only a folution of muriate of cobalt ; for the properties of which, fee Chemistry, N° 1608, p. 627. VI. This clafs comprehends fuch inks as become vifible when charafters written with them are wetted with v'ater. They are made of all fuch fubftances as depofite a copious fediment when mixed with water, diflblving only imperfeflly in that fluid. Of this kind are I M N [ 265 ] INN ink, afe dried atum, fugar of lead, vitriol, &c. We have II therefore only to write with a ftrong folution of thefe Inn>, , falts upon paper, and the chara£lers will be invifible when dry j but when we apply water, the fmall por¬ tion of dried fait cannot again be diffolved in the wa¬ ter. Hence the infoluble part becomes vifible on the paper, and (hows the charafters written in white, gray, brown, or any other colour which the precipitate aflumes. VII. Chara&ers may be made to appear of a fine crimfon, purple, or yellow, by writing on paper with folution of muriate of tin, and then palling over it a pen¬ cil dipt in a decoftion of cochineal, Brazil-wood, log¬ wood, yellow wood, &c» Ink Stones, a kind of fmall round Hones, of a white, red, gray, yellow7, or black colour, containing a quan¬ tity of native martial vitriol, whence they derive the property of making ink, and from thence their name. They are almoft entirely foluble in water, and befides their other ingredients, contain alfo a portion of copper and zinc. INLAND, a name for any part of a country at a difiance from the fea. Inland Navigation. See Canal and {Inland) Na¬ vigation. INLAND Trade, that kind of trade carried on be¬ tween the different parts of the fame kingdom, whether over land, or by means of inland navigation. INLAYING. See Veneering, Mosaic, and Marquetry. 1NLEASED, in our old writers^ fignifies entangled or enfnared. It is ufed in the champion’s oath. INLISTING, in a military fenfe. See Listing. INMATES, fuch perfons as are admitted for their money, to live in the fame houfe or cottage with ano¬ ther man, in different rooms, but going in at the fame door $ being ufually fuppofed to be poor, and not able to maintain a whole houfe themfelves. Thefe are in- •quirable in a court-leet.—No owner or occupier of a cottage (hall fuffer any inmates therein, or more fami¬ lies than one to inhabit there, on pain of forfeiting 10s. per month to the lord of the leet. INN, a place appointed for the entertainment and relief of travellers. Inns are licenfed and regulated by jufiices of the peace, who oblige the landlord to enter into recogni¬ zances for keeping good order. If a perfon who keeps a common inn, refufes to receive a traveller into his houfe as a gueft, or to find him victuals and lodging on his tendering a reafonable price for them, he is li¬ able to an aftion of damages, and may be indifted and fined at the king’s fuit. The rates of all commodities fold by innkeepers, according to our ancient laws, may be affeffed : and innkeepers not felling their hay, oats, beans, &c. and all manner of vi&uals, at reafon¬ able prices, without taking any thing for litter, may be fined and imprifoned, &c. by 21 Jac. I. c. 2f. Where an innkeeper harbours thieves, perfons of in¬ famous charafler, or fuffers any diforders in his houfe, or fets up a new inn where there is no need of one, to the hinderance of ancient and well-governed inns, he is indictable and fineable j and by fiatute, fuch inn may be fuppreffed Adlion upon the cafe lies againft any innkeeper, if a theft be committed on his gueft by a fervant of the inn, or any other perfon not be- . Vol. XL Part L ' longing to the gueff j though it is otherwife where the gueft is not a traveller, but one of the fame town or village, for there the innkeeper is not chargeable 5 nor is the mailer of a private tavern anfwerable for a rob¬ bery committed on his gut ft: it is faid, that even though the travelling gueft does not deliver his goods, into the innkeeper’s poffeflion, yet if they are ftolen, he is chargeable. An innkeeper is not anfwerable for any thing out of his inn, but only for fuch as'are within it ; yet, where he of his own accord puts th then the wound is covered by fome with a bandage, by others with half a walnut (hell placed with its con¬ cave fide over each orifice. The Chinefe convey a pellet of variolated cotton, with the addition of a little mu(k, into the nodrils of the patient; they collect dry pudules, and keep them in a porcelain bottle well corked •, and when they ino¬ culate, they mix a grain of mu(k with three or four, grains of the dry feales, and roll them in cotton. This method may be called moderation. About Bengal, in the Ead Indies, the perfon who. intends to be inoculated, having found a houfe where there is a good fort of the fmallpox, goes to the bed of the fick perfon, if he is old enough j or if a child, ta one of his relations, and (peaks to him as follows: “ I am come to buy the Imallpox.” The anfwer is, “ Buy if you pleafe.” A fum of money is accordingly given, and one, three, or four pudules, for the number mult always be odd, and not exceeding five, extrafied whole, and full of matter. Thefe are immediately rubbed on, the (kin of the outfide of the hand between the fore» finger and the thumb 5 and this fuffices to produce the difeafe. The fame cudom obtains in Algiers, Tunis, Tripoli, and other countries. Very fimilar to the cudom among the people about Bengal, &c. is that in Arabia, where on fome fiefliy part they make feveral pundlures with a needle im¬ brued in variolous matter, taken from a pufiule of a favourable kind. Here they buy the fmallpox too, as. follows: the child to be inoculated carries a few railins, dates, fugar-plums, or fuch like ; and (bowing them to the child from whom the matter is to be taken, a(ks how many pocks he will give in exchange ? The bargain being made, they proceed to the operation ‘f but this buying, though dill continued, is not thought, necefiary I N O r 269 ] IN Q , Inocula- neceflary to the ruccels of the operation. The Arabs tion- fay that any flefhy part is proper j hut generally they i-nfert the matter between the fore-finger ami thumb on the eutfide of the arm. The Georgians infert the matter on the fore-arm. The Armenians introduce the matter on the two thighs. In Wales the practice may be termed infric¬ tion of the fmallpox. There fame of the dry puftules are procured by purchafe, and are rubbed hard upon the naked arm or leg. The praftice in feme places is to prick the fkin be¬ tween fome of the fingers by means of two fmall needles joined to one another •, and after having rubbed a little of the matter on the fpot, a circle is made by means of feveral punctures of the bignefs of a common puftule, and matter is again rubbed over it. The ope¬ ration is finilhed by drefhng the wound with lint.—An¬ other cuftom is to mix a little of the variolous matter with fugar, and give it to be drank in any agreeable liquor. Incilions have been made in the arms and legs, and thread, cotton, or lint, previoufly dipped in the vari¬ olous matter, was lodged in them. The practice of fome is to bathe the feet in warm water, and then fe- cure lint dipped in the variolous matter on the inftep, or other part of the foot, where the fkin is thin. Ci¬ thers apply a fmall bliftering plafter j and when the fcarf fkin is elevated and flipped off, the variolous mat¬ ter is applied to the furface of the true fkin, and con¬ fined there by a little lint or plafter. Scratching the fkin with a pin or needle, and then rubbing the part with lint, previoufly dipped in variolous matter, is the cuflom in fome places.. In the Highlands of Scotland they rub fome part of the fkiq with fn fh matter, or dip worfled in vario¬ lous matter, and tie it about the children’s wrifls. They obferve, that if frtfh matter is applied a few days fuccefhvely, the infection is more certain than by one application. We have thus given the hiflory of inoculation for the fmallpox, which not many years ago was jultly re¬ garded as one of the greateft difeoveries which had been made for the benefit of mankind, and would flill be regarded as fuch had it not given plate to one flill more valuable and important, the vaccine inoculation or cowfiox, which nowr promifes to banifh the fmallpox from the world. For an account of this, fee Vaccina¬ tion. It weuld be quite unneceffary to enter info the detail of the advantages to be derived from inoculation for the fmallpox, and the methods of performing or pre¬ paring for it formerly praftifed. But, as a curious part of the hiftory of this practice, we {hall juft barely men¬ tion fome of the objections which have been urged a- gainft it. It has been faid that inoculation for the fmallpox is unlawful that it is bringing a diftemper on ourfelves, and thus ufurping the facred prerogative of God ; that the decrees of God have fixed the commiflion of every difeafe, and our precautions cannot prevent what he hath determined ; that we fhould not do evil that good may come ; that the patient may dkq and then his laft moments are diftrefled, and the future reflections of bis friends are grievous ; that fear is a dangerous paflion in the fmallpox, but inoculation increafes the caufes of fear, by leffening our faith and trull in God 3 that ino- 3 culation does not exempt from future irtfeCtion 3 that Inocufa- other difeafes are communicated with the matter of the u—v this. He aHb employed fulphur in the following man¬ ner to drive infefts from fmall trees. He fplit the end of a pole, and put in the flit fome matches, fet them on fire, and held them under the parts of the trees chiefly aflfe&ed. A pole thus armed, he found, would anfwer for three or four trees. Brimftone thus mixed with damp ftraw, and fet on fire, for inftance, in hop- ground infefted with the fly, might be of ufe to drive away the fly. The itch i& fuppofed to proceed from a very fmall infedl which neftles under the fldn, and proceeds no farther into the habit $ and is therefore attended with no dangerous confequences. Brimftone made into an ointment with hogs-lard is a fure remedy. Sheep are liable to an eruption on the fkin, known By the name of theycab. The brimftone, when added to the mercurial ointment recommended for that difor- der in the Tranfaftions of the Society for the Encou¬ ragement of Arts, vol. vii. p. 90. might perhaps render the application more efficacious and lefs dangerous. 3. The natives of hot countries are taught by expe¬ rience, that an undluous covering on their bodies pre¬ vents the bites of mufquitoes and all gnats. The white inhabitants in fuch countries are not fufficiently care¬ ful in preventing the leaft ftagnant water near their dwellings, in which the mufquitges are bred ; even in the wafte water thrown out they are produced. Dr Eranklin, by a careful attention to this eircumftance, guarded his family in Philadelphia from fuch irife£ts : one day feeing a number of mufquitoes in his li¬ brary, he found on inquiry, that one of his fervants had taken the cover off" a tub placed near his window for receiving rain-w'ater. On fuch an occafion the re¬ medy is eafy, viz. {hutting the room up for the day, fo that the mufquitoes cannot come at any water, in which time they die. Though this caution may feem trifling to us who live in a mild climate, it is far other- wife in hot countries. Oil being known to be moft efficacious in deftroy- ing infers, may not the ufe of it be extended to the deftrudlion of worms in the bowels of horfes, where they may occafion the violent pain they feem fome- times to fuffer ? If the horfe was for fome time kept faffing, and a large quantity of oil, fuppofe a pint, was given, if worms are the caufe, the oil may in that cafe kill them. Flowrers, leaves, and fruit, on plants, are known to be devoured by caterpillars. Thefe are deftroyed by oils, which clofe the lateral pores by which they breathe. For this purpofe it is advifed, that, on the approach of fpring, a cloth dipped in train oil be laid on fuch parts of the tree in which there is the leaft appearance of them. We are informed in the Memoirs of the Society of Agriculture at Paris, that oil of turpentine, when applied to animals which were covered with infefts, deftroyed the infefts without hurting the animal. The author tried it on feveral trees, mixed with fine earth f6 as to incorporate them well, then adding W'ater, ftill {lining them carefully till the whole was brought to fome degree of fluidity. In this mixture he dipped branches of fruit-trees on which there were infefts, and hereby deftroyed not only the eggs but alfo the infefts, without hurting the leaves. This compofition may be 2 i ] INS got of by waffling, or the firft heavy ffiower. From Infefts. thefe experiments the author thinks, that oil of turpen- tine may with equal efficacy be employed for killing various kinds of lice on domeftic animals. We are informed, in the Tranfadlions of the Society for the Encouragement of Arts, vol. v. p. 45. that Mr Winter, among other experiments on turnip-leed, fteeped the feed 24 hours in a fufficient quantity of train oil. He then drained the^oil from the feed, which he mixed with a quantity of fine fifted earth, and immediately fowed it in drills. When the plants began to appear on the furface, the ground was fown wjth foot. He found that feed fteeped in linieed oil anfwered equally well. The turnips the leaft injured by the fly were thofe that grew from feed fteeped as above, which grew fo luxuriantly as to produce rough leaves feveral days prior to the moft flourilhing of any of his other experiments, and were the better enabled to withftand the fly’s attack. The leaves of thefe tur¬ nips were of a darker green, and appeared twice a» thick in bulk and luxuriancy as the other turnips, and were a confiderable deal larger. The feed was drill¬ ed an inch and a half deep, and at a foot diftance in the rows. Train oil is apt to kill the leaves of plants which have been injured by infefls, but linfeed oil has not that effeft, though equally deftrudlive to the infedts. The train oil feems to adt both as an oil, and by its difagreeable fmell it prevents infedls approaching it. In this refpedt it may be fuccefsfully ufed to pre¬ vent field mice or other vermin preying on acorns, chefnuts, or other feeds fteeped in it before they ar& fown. When thus giving diredlions for preventing the fly on turnips, a late experiment ftiould be mentioned, by the difclofing of which a perfon gained a confiderable reward. His fecret was, running a roller over the ground early in the morning, while the dew remained on the ground, on the firft appearance of the fly. The dew entangled the flies fo much, that they could not make their efcape, and were therefore cruftied to death. As the roller may leave the furface of the earth too hard, fome very properly advife to fix fome boughs of elder in a gate or hurdle, to be drawn over the field j and if the boughs had been before fumigated with the fmoke of tobacco, or tin&ure of afafoetida, the fuc- cefs would be the furer. The moft certain method of preventing the hurt done by the fly is to raife the plants in a nurfery, and at a proper age to tranfplant them, being carried to the ground in a wheel-barrow filled with manure foftened with water fo as to admit the plants. This method will fecure their more fpeedy growth. In the nurfery the attack of the fly may be prevented by fprinkling foot or quicklime on the ground. The utility ©f tranfplanting turnips is evident by the practice of tranfplanting the turnip-rooted cabbage. They who are difcouraged from this practice by the ex¬ pence attending it, do not reflect that the hoeing is pre¬ vented, and the plants grow the better, being fet in frelh earth. 3. Before proceeding to dlreft the ufe of the laft means mentioned, viz. tobacco, for deftroying infe&s in turnips,. it may be proper to mention an experiment made by Mr Green, of her majefty’s flower-garden at Kew. He contrived a pair of bellows fimilar to that employed in recovering people feemingly drowned. It INS, r 272 ] INS rhfe&s. a cavity in the nozzle, in which fome tobacco is ~”""v put, with a live coal over it. The bellows being then worked, the tobacco is fet on fire, and the fmoke is directed to any particular fpot. A lady was fond of having the molkrofe in her dreffing-room, but was prevented having it on account of the green infers which conftantly adhere to that plant. To remedy this inconvenience, Mr Green had a box made large enough to contain a pot in which a plant of the molk- role grew. In one end of the box was a hole, to ad¬ mit the nozzle of the bellows ; the bellows was work¬ ed, and the fmoke was received into the box. When the tobacco was confumed, the nozzle- was withdrawn, and a cork being put into the hole, the box thus re¬ mained till morning, when the infers were all laid dead on the earth. J&eing fwept off, the plant was in a ftate fit for a dreffmg-room. Many plants thus in- fefted with infefts may be too large, or other wife fo placed as not to be put into a box. In this cafe it occurred to the writer of thefe obfervations, that be¬ ing fprinkled with an infufion of tobacco in water might in fome degree anfwer the fame purpofe. On trial he found it anfwer, and he thus freed other plants of their infedls. He alfo ufed it on trees of eafy ac- cefs with advantage. Train oil is fo inimical to tender plants or leaves, that it deftroys them if infefts have in the leaft hurt them •, whereas the infufion, inftead of killing the leaves, promoted a frefh vegetation. Fruit trees often become the prey of infers. Thofe againft a wall, or in efpaliers, being eafily come at, much of the michief may be prevented by cutting off the leaves fo foon as they are obferved to be curled ; for then frefh eggs are laid on them, probably by but¬ terflies. If fprinkled with the infufion of tobacco, it will prevent their coming to life. After the fruit is formed, the infufion muft not be ufed, left the tafte and fmell may remain. The fciffars are then the pro¬ per remedies, which ladies may employ as amufement, and may thereby prefent fruit to their friends of their own preferving. A lye of the afh of plants fprinkled on the leaves may have a good effeft, as alfo on other pot-herbs, which are often the prey of caterpillars. As many infers, befides thofe bred on the leaves or in the walls, may deftroy the fruit, the fugar with the corrofive fublimate, as already defcribed, may be laid in the way of other infects, to all which it will prove a fpeedy death. Diligent infpeftion into their retreats is the moft certain means of preventing the lofs fuf- tained by fnails. Ants are prevented rifing up the trees, by laying round the roots powdered chalk, or any other fubftance which by entangling their feet prevents their crofting it. Care fhould be taken to deftroy their nefts everywhere near the garden. Hops are now become an article of fo great confe- quence, that it deferves our particular attention. Early in its growth, when the vines begin toafcend the poles, a black fly preys on its leaves, frequently in fuch num¬ bers as; by deftroying the leaves, to interrupt the vegetation, much of the food of plants being abforbed by the leaves. I he infufion of tobacco deftroys them, or at leaflfdrives them away fo effe&ually, that a plant almoft totally (tripped of its leaves has put out frelh leaves after the ufe of it. If care be not taken, they will again fall on the freftr leaves. As the flies lodge en the lower fide of the leaves, they are prote&ed from (terms of ram, and therefore the infufiotr muft be Infeftf. driven upwards by a forcing pump. As it is faid that the expence of tobacco is too great, perhaps lime-wa¬ ter, or even water by itfelf, driven ftrongly againft the leaves, might drive them away. The labour at¬ tending fuch experiments in a large plantation difeou- rages others, without reflefting, that, if fuch means are ufed early, the flies may more eafily be got rid.oft Free ventilation is undoubtedly beneficial to all plants j and hence perhaps the particular advantages of drilling corn in rows a little diftant. If alleys fomewhat larger than common were made in the plantations of hops, there might be fufficient fpaces left where the alleys crofs one another to admit of fetting dramp draw, or other materials mixed with brimftone, foot, &c. on fire. Smoke itfelf is faid to prevent the fly ; and if fo, it will Kill a61 more powerfully when mixed with fuch materials. It has been obferved in Sweden, that the hops grow' naturally among heaps of ftones or frag¬ ments of rocks. They therefore advife to cover the ground round their roots with ftones, which will pre¬ vent the infedfs laying their eggs near the roots in the ground, where they lay them to be protedled during the w inter. The ftones will alfo preferve moifture at the roots during the Cummer. A rope cannot be drawn acrofs a plantation of hops, as it can acrofs a field of corn, in cafe of mildew. Here water to w adi off the clammy juice that entices and feeds infe&s feems to be the only remedy. The plantation being well ventilated, may at leaft prevent the frequency of it The forcing pump will moft effectually wa(h off this exudation. Cruelty to INSECTS. It does not appear upon what principle of reafon and juftice it is, that mankind have founded their right over the lives of every creature that is placed in a fubordinate rank of being to themfelves. Whatever claim they may have in right of food and felfidefence (to w-hich ought we to add the purpofes of the naturalift, explained above ?) did they extend their privilege no farther than thofe articles w ould rea- fonably carry them, numberlefs beings might enjoy their lives in peace, who are now hurried out of them by the moft wanton and unneceffary cruelties. It is furely difficult to difeover why it (hould be thought lefs inhuman to crufh to death a harmlefs infe6I, whofe fingle offence is that he eats that food which nature has prepared for his fuftenance, than it would be were we to kill any bulky creature for the fame reafon. There are few tempers fo hardened to the impreflions of hu¬ manity, as not to ftmdder at the thought of the latter $ and yet the former is univerfally pra61ifed without the leaft check of compaflion. This feems to arife from the grofs error of fuppofing, that every creature i» really in itfelf contemptible, which happens to be clothed with a body infinitely difproportionate to our own, not confidering that great and little are merely relative terms. But the inimitable Shakefpeare would teach ys, that the poor beetle that we tread upon, In corp’ral fuff’rance, feels a pang as great As when a giant dies- ■ ■ ■ And indeed there is every reafon to believe that the fenfations of many infe6ts are as exquifite as thofe of creatures of far more enlarged dimenfions, perhaps even more INS [ 273 ] , INS. Infe& more fo. The millepede, for inftance, rolls itfelf !! round upon the High tell touch, and the fnail draws Infolvent. jn j{;S hofns upon the lead approach of our hand. Are ' not thefe the ftrongeft; indications of their fenfibility ? and is it any evidence of ours, that we are not there¬ fore induced to treat them with a more fympathifing tendernefs ? Montaigne remarks, that there is a certain claim of kindnefs and benevolence which every fpecies of crea¬ tures has a right to from us. It is to be regretted that this general maxim is not more attended to in the affair of education, and prelfed home upon tender minds in its full extent and latitude. We are far, indeed, from thinking, that the early delight which children difeover in tormenting flies, &c. is a mark of any innate cruel¬ ty of temper, becaufe this turn may be accounted for on other principles \ and it is entertaining unworthy notions of the Deity, to fuppofe he forms mankind with a propenfity to the moft deteftable of all difpofi- tions: but moft certainly, by being unreftrained in fports of this kind, they may acquire by habit what they never would have learned from nature, and grow up -into a confirmed inattention to every kind of fuffering but their own. Accordingly the fupreme court of ju¬ dicature at Athens thought an inftance of this fort not below its cognizance, and puniftied a boy for putting out the eyes of a poor bird that had unhappily fallen * into his hands. It might be of fervice, therefore, it ftiould feem, in order to awaken as early as poflible in children an ex- tenfive fenfe of humanity, to give them a view of fe- veral forts of infers as they may be magnified by the afliftance of glaffes. and to (how them that the fame evident marks of wifdom and goodnefs prevail in the formation of the minuteft infeft, as in that of the moft enormous leviathan : that they are equally furniflied ■with whatever is neceffary, not only to the preferva- tion, but the happinefs of their beings in that clafs of exiftence which Providence has afligned them : in a word, that the whole conftruftion of their refpe&ive organs diftimftly proclaims them the objects of the di¬ vine benevolence, and therefore that they juftly ought to be fo of ours. INSERTION, in Anatomy, the clofe conjunction of the veffels, tendons, fibres, and membranes of the body with fome other parts. INSINUATION denotes a cunning and covert way of creeping into any perfon’s favour. INSINUATION of a Will, among civilians, is the firft production of it, or the leaving it with the regifter, in order to its probate. See Will. INSIPID, Tastleless, that which has nothing in it pungent enough to affeft the palate, tongue, &c. and to occafion that fenfation we call tajling. INSITION, Insitio, in Botany, denotes the fame with engrafting *, viz. the a£t of inferting and uniting a cyon, bud, or the like, in the fubftance of the ftock. INSOLATION, in Pharmacy, a method of pre¬ paring certain fruits, drugs, &c. by expofing them to the heat of the fun’s rays ; either to dry, to matu¬ rate, or to iharpen them 5 as is done in vinegar, figs, &c.— The word comes from the Latin verb infolare, which is ufed by Pliny and Columella, and fignifies to expofe to the fun. INSOLVENT, a term applied to fuch perfons as Vol. XL Part I. have not wherewithal to pay their juft debts. A per- fon dying, and not leaving eftate fufficient to difeharge thefe, is faid to die infolvent. Trial by INSPECTION, or EXAMINATION, is when, for the greater expedition of a caufe, in fome point or ilfue, being either the principal queftion, or arifing collaterally out of it, but being evidently the object of fenfe, the judges of the court, upon the tef- timony of their own fenfes, fliall decide the point in difpute. For, where the affirmative or negative of a queftion is matter of fuch obvious determination, it is not thought neceffary to fummon a jury to decide it ; who are properly called in to inform the confcienee of the court of dubious faCts j and therefore, when the faCI, from its nature, muft be evident to the court ei¬ ther from ocular demonftration or other irrefragable proof, there the law departs from its ufual refort, the verdiCt of 12 men, and relies on the judgment of the court alone. As in cafe of a fuit to referve a fine for non-age of the cognizor, or to fet afide a ftatute or re¬ cognizance entered into by an infant j here, and in other cafes of the like fort, a writ lhall iffue to the Iheriff, commanding him that he conftrain the faid par¬ ty to appear, that it may be afeertained by the view of his body by the king’s juftices, whether he be of full age or not : Ut per afpeclum corporis fuiconjlare po~ terit jujliciariis nojlris, fi prcedi&us an Jit plena; cetatis necne. If, however, the court has, upon infpeclion, any doubt of the age of the party (as may frequently be the cafe), it may proceed to take proofs of the part 5 and, particularly may examine the infant himfelf upon an oath of voir dire, veritatem dicere ; that is, to make true anfwers to fuch queftions as the court thall demand of him ; or the court may examine his mother, his god-, father, or the like. INSPECTOR, a perfon to whom the care and con¬ duct of any work is committed. Inspectors, in the Roman law, were fuch perfons as examined the quality and value of lands and effeCts, in order to the adjufting or proportioning taxes and impofitions to every man’s eftate. The Jews alfo have an officer, in their fynagogue, whom they call infpeclor, pn, hha%en. His bufinels con- fifts principally in infpeCting or overlooking the pray¬ ers and leffons, in preparing and (howing them to the reader, and in Handing by him to fee he reads right: and, if he makes miftakes, he is to correCt him. INSPIRATION, among divines, &c. implies the conveying of certain extraordinary and fupernatural notices or motions into the foul 5 or it denotes any fu¬ pernatural influence of God upon the mind of a ratio¬ nal creature, whereby he is formed to any degree of intellectual improvements, to which he could not, or would not, in faCt have attained in his prefent circum- ftances, in a natural way. Thus the prophets are faid to have fpoken by divine infpiration. Some authors reduce the infpiration of the facred writers to a particular care of Providence, which pre¬ vented any thing they had faid from failing or coming to nought •, maintaining, that they never were really infpired either with knowledge or expreffion. According to M. Simon, infpiration is no more than a direftion of the Holy Spirit, which never permitted the facred writers to be miftaken. It is a common opinion, that the infpiration of the M m Holy Tnfolvent .R . Infpiration, * I N S Infpiration. Ploly Spirit regards only the matter, not the ftyle or w v words j and this Teems to fall in with M. Simon’s doc¬ trine of direction. Theological writers have enumerated feveral kinds of infpiration ; fuch as an infpiration of fuperinten- dency, in which God does fo induence and diredt the mind of any perfon, as to keep him more fecure from error in fome various and complex difcourfe, than he would have been merely by the ufe of his natural fa¬ culties ; plenary fuperintendent infpiration, which ex¬ cludes any mixture of error at all from the performance fo fuperintended •, infpiration of elevation, where the faculties a£t in a regular, and, as it feems, in a com¬ mon manner, yet are raifed to an extraordinary degree, fo that the compofure {hall, upon the whole, have more of the true fublinje or pathetic, than natural genius could have given ; and infpiration of fuggellion, when the ufe of the faculties is fuperfeded, and God does, as it were, fpeak diredtly to the mind, making fuch difcoveries to it as it could not otherwife have obtain¬ ed, and dictating the very W'ords in w-hich fuch difco¬ veries are to be communicated, if they are defigned as a melfage to others. It is generally allow'ed that the New' Teftament was written by a fuperintendent infpi¬ ration ; for without this the difcourfes and dodlrines of Chrift could not have been faithfully recorded by the evangelifts and apoftles; nor could they have af- fumed the authority of fpeaking the words of Chrift, and evinced this authority by the adtual exercife of miraculous powers : and belides, the facred workings bear many obvious internal marks of their divine ori¬ ginal, in the excellence of their dodtrines, the fpiritu- ality and elevation of their defign, the majefty and fim- plicity of their ftyle, the agreement of their various parts, and their efficacy on mankind j to which may¬ be added, that there has been in the Chriftian church, from its earlieft ages, a conftant tradition, that the fa- ered books were written by the extraordinary aflift- ance of the Spirit, which muft at leaft amount to fu¬ perintendent infpiration. But it has been controvert¬ ed whether this infpiration extended to every minute crrcumftance in their writings, fo as to be in the molt abfolute fenfe plenary. Jerome, Grotius, Erafmus, Epifcopius, and many others, maintain that it was not j whilft others contend, that the emphatical manner in which our Lord fpeaks of the agency of the Spirit , upon them, and in which they themielves fpeak of their own writings, will juftify our believing that their in¬ fpiration was plenary, unlefs there be very convincing evidence brought on the other fide to prove that it was not: and if we allow, it is faid, that there were fome errors in the New Teftament, as it came from the hands of the apoftles, there may be great danger of fubverting the main purpofe and defign of it ; fince there will be endlefs room to debate the importance both of fadts and dodtrines. Among the Heathens, the priefts and prieftefles were {aid to be divinely infpired, when they gave oracles.—The poets alfo laid claim to it 5 and to this end they always invoked Apollo and the Mufes at the beginning of any great work. Inspiration, in Phyjic, is underftood of that ac¬ tion of the breaft, by which the air is admitted within the lungs j in which fenfe, infpiration is a C 274 ] INS branch of refpiration, and Hands oppofed to Exspi- Infpiratiuc RATIONi II This admiffion of the air depends immediately on Inl^ra' its fpring or elafticity, at the time when the cavity nf, the breaft is enlarged by the elevation of the tho¬ rax and abdomen, and particularly by the motion of the diaphragm downwards : fo that the air does not enter the lungs, becaufe they are dilated ; but thofe dilate, becaufe the air enters within them. Nor is it the dilatation of the breaft which draws in the air, as is commonly thought, though this is a con¬ dition abfolutely neceffary to infpiration j but an ac¬ tual intrufion of the air into the lungs. See Respi¬ ration. INSPISSATING, in Pharmacy, an operatiotr whereby a liquor is brought to a thicker confiftence, by evaporating the thinner parts. INSPRUCK, a city of Germany, in the circle of Auftria, and capital of the county of Tyrol, received its name from the river Inn, which runs by it. It has a noble caftle or palace, formerly the refidence of the archdukes of the houfe of Auftria, with a cathedral where they are buried. The houfes, though built in the German tafte, are rather handfomer 5 and the ftreets, though narrow, are remarkably well paved. For the defence of this city the inhabitants can place but little confidence in their fortifications, which are very trifling. They feem rather to depend on the na¬ tural faftneffes of their country j which appear indeed to form a barrier, fo perfedlly inaccefiible to any ene* my, that even the great Guftavus Adolphus, after hav¬ ing overrun with his vidtorious arms the other parts of Germany, could never make any impreflion upon this. It is feated in a pleafant valley, in E. Long. II. 30. N. Lat. 47. 16. INSTALLATION, the adt of giving vifible pof- feffion of an order, rank, or office, by placing in the proper feat. See INSTALMENT. INSTALMENT, a fettling or inflating any per¬ fon in a dignity. The word is derived from the La¬ tin in, an& Jial/um, a term ufed for a feat in church, in the choir, or a feat or bench in a court of juftice, &c. j though Voffius is of opinion the word is of German origin. Instalment is chiefly ufed for the indudlion of a dean, prebendary, or other ecclefiaftical dignitary, in¬ to the pofleffion of his ftall, or proper feat, in the ca¬ thedral church to which he belongs. This is fome- times alfo called injlallation. Instalment is likewife ufed for the ceremony,, whereby the knights of the Garter are placed in their rank, in the chapel of St George at Windfor. INSTANT, a part of duration in which we per¬ ceive no fucceffion j or it is that which takes up the time only of one idea in our minds. INSTAURATION, the re-eftablilhment, or re- ftauration of a religion, a church, or the like, to its former ftate. The word is by fome derived from the old Latin inftaurum, which fignified the “ ftock” of things neceflary for the tilling and managing of grounds 5 as cattle, tools, harnefs, &c. But the word injiaurum is only of the middle age : injtauratio is of much greater antiquity, and by fome derived from injlar, “ like,” as importing a thing’s being brought to I N S •In ft aura- to its former likenefs or appearance. See Restaura- tton TIOK. Inftinft INSTEP, in the manege, is that part of a horfe’s ^ J hind leg, which reaches from the ham to the paftern- X Definition. INSTINCT, a certain power or difpofition of mind, by which, independent of all inftruftion or experience, without deliberationj and without having any end in view, animals are unerringly direfted to do fpontane- oufly (a) whatever is necelfary for the prefervation of the individual or the continuation of the kind. Such in the human fpecies is the inftinft of fucking exerted immediately after birth } and fuch in the inferior crea¬ tion is the inftindl by which infefts invariably depofit their eggs in fituations moft favourable for hatching and affording nourilhment to their future progeny. Thefe operations are neceffary for the prefervation of the individual and the continuation of the kind ; but neither the infant nor the infeft knows that they are neceffary : they both aft without having any end in view, and aft uniformly without inftruftion and with¬ out experience. The aftions of the inferior animals are generally direfted by inftinft; thofe of man by reafon. This at leait is the cafe with refpeft to men in a ftate of civi¬ lization : in the favage ftate they are probably little lefs the flaves of inftinft than the brutes themfelves. Different Concerning human initinfts, indeed, philofophers differ opinions re-opinion j fome maintaining that man is en- fpecting dowed with a greater number of inftinfts than any fpe- human in- cies of brutes ; whilft others deny that in human na- ftindts. ture js any pOWer or pr0penffty at all which can properly be called inftinftive. This diverfity of opinion may eafily be traced to its fource. There are not many original thinkers in the world. The greater part even of thofe who are call¬ ed phi/ofophers, implicitly adopt the opinions of certain mafters whofe authority they deem fufficient to fupply the place of argument ; and having chofen their re- 3 fpeflive guides, each maintains with zeal what his The canfe matter taught, or is fuppofed to have taught. When ■nfthat Locke fo fuccefsfully attacked the doflrine of innate difference, ideas and innate principles of fpeculative truth, he was thought by many to have overturned at the fame time all innate principles whatever •, to have diverted the human mind of every paflion, affeflion, and inftinft ; and to have left in it nothing but the powers of fenfa- tion, memory, and intellefl. Such, we are perfuaded, was not his intention ; nor is there any thing in his immortal work which, when interpreted with candour, appears to have fuch a tendency. I N S In our opinion, great part of the Il/Jay on Human laftimT. Vriderjlandlng has been very generally mifunderftood. ~ Much of its merit, however, w as foon difcovered ; and mankind, finding philofophy difencumbered of the bar¬ barous jargon of the fchools, and built upon a few felf- evident principles, implicitly embraced every opinion advanced, or w hich they fuppofed to be advanced, by the illuftrious author; efpecially if that opinion was contrary to any part of the fcholaftic fyftem which had fo long been employed to perplex the underftand- ing and to veil abfurdity. Hence arofe many philo¬ fophers of eminence both at home and abroad ; who maintained, as they imagined, upon the principles of Locke, that in the human mind there are no inftinffs, but that every thing which had been ufually called by that name is refolvable into aflociation and habit. This doflrine was attacked by Lord Shafteftmry, who in¬ troduced into the theory of mind, as faculties derived from nature, a fenfe of beauty, a fenfe of honour, and a fenfe of ridicule ; and thefe he conlidered as the tefts of fpeculative truth and moral reflitude. His lordlhip’s principles were in part adopted by Mr Hut- chifon of Glafgow, who publilhed a fyftem of moral philofophy, founded upon a fenfe or inilinfl, to which he gave the name of the moral fenfe } and the undoubt¬ ed merit of his work procured him many followers. Men generally run from one extreme to another. It being now difcovered, or at leaft fuppofed, that the human mind is endowed wdth inftinflive principles of a£tion, a fe£t of philofophers foon afterwards arofe, who maintained with much vehemence that it is like- wife endowed with inftiinflive principles of belief; and w'ho built a fyftem of metaphyfics, if fuch it may be called, upon a number of innate, diftindl, and inde¬ pendent fenfes. The rife of this fedl is well known. Berkeley and Hume had adopted Locke’s doclrine refpe£ling the origin of our ideas ; and had thence de¬ duced confequences fuppofed to be dangerous in them¬ felves, but which, it was thought, could not be denied without refufing the principles from which they were inferred. The foundation of the inftinftive fyftem be¬ ing thus laid, the fyftem itfelf was rapidly carried to a height far beyond what feems to have been the inten¬ tion of its excellent author *, and reafon was well nigh, baniftied from the regions of philofophy. For fuch a proceeding it is not difficult to aflign the caufe. The inftinftuve fcheme requires much lefs labour of invefti- gation than the fyftems of Locke and the ancients; for upon the principles of it, when carried to its ut- moft extent, every phenomenon in human nature is thought to be fufficiently accounted for, by fuppofing M m 2 it 1 275 ] (a) As nothing is of greater importance in the philofophy of mind than accurate definitions, it may not be improper to obferve, that through the whole of this article the word fpontaneous is to be taken in the fenfe in which it is ufed in the following extrafts from Hales'1 s Origin of Mankind: “ Many analogical motions in ani¬ mals, though I cannot call them voluntan/, yet I fee them fpontaneous: I have reafon to conclude, that thefe are not limply mechanical.'''' “ The fagacities and inftinfts of brutes, the fpontaneoufnefs of many of their motions, are not explicable, without fuppofing fome aftive determinate powrer connefted to and inherent in their fpirits, of a higher extraftion than the bare natural modification of matter.” If this be attended to, our definition of inftinft: will be found perfeftly confonant to that which has been given by the author of Ancient Metaphi/-' Jics. “ Inftinft (he fays) is a determination given by Almighty Wifdom to the mind of the brute, to aft in fuch or fuch a way, upon fuch or fuch an occafion, without intelligence, without knowledge of good or ill, and without knowing for what end or purpofe he afts.” . 4 fftftind: INS [2 InflirxfL it eSTeft of a particular inftinft implanted in the ~ v ^" mind for that very purpofe. Hence in fome popular works of philofophy we have a detail of fo many dittinft internal fenfes, that it requires no fmall ftrength of memory to retain their very names : befides the moral fe>fe, we have the fenfe of beauty, the fenfe of deformity, the fenfe of honour, the hoarding fenfe, and a thoufand others which it is needlefs here to mention. This new fyftem, which converts the philofophy of mind into mere hillory, or rather into a collection of faCts and anecdotes, though it has made a rapid pro- grels, is not yet univerfally received. It has been op- pofed by many fpeculative men, and by none with greater ikill than Dr Prieftley j who maintains, with the earlielt admirers of Locke, that we have from na¬ ture no innate fenfe of truth, nor any inftinCtive prin¬ ciple of action •, that even the aCtion of fucking in new-born infants is to be accounted for upon principles of mechanifm 5 and that the defire of the fexes is mere¬ ly aifociation. Whillt men, eminent for candour as well as for fci- tonfounded ence, have thus been difputing the limits between in- and with°n an^ reafon in the human mind, and endeavour- siechanifin. afcertain the aCtlons which refult from each, two writers of name, treating of that fubjeCt, have lately advanced opinions, which, if admitted as juft, muft render the tliipute henceforth ridiculous, and put an end for ever to all moral inquiries. Mr Smellie, in a work which he calls The Philofophy of NaturalHflory, affirms, that between infinBive and rational motives no diftinCtion exifts, but that the reafoning faculty itfelf is the neceffary refult of inftiixffi ; and Dr Reid, in his Ffj'ays on the ABive Powers of Man, by attributing to inf inB the aCIion of breathing, feems to confound that g principle with mere mechanifm. Thefe three That reafon, inftinft, and mechanifm, are all ef- prmciples fentially diiTerent from one another, has hitherto been d'ftin'HiiiT unIverfalIy allowed ; and it appears not to be a talk of ed from * much difficulty to point out in what refpeCl each of each other, them differs from the other two. Aftions performed with a view to accomplifh a certain end are called ra¬ tional adlions, and the end in view is the motive to their performance. InfinBive aftions have a caufe, viz. the internal impulfe by which they are fpontaneoufly per¬ formed j but they cannot be faid to have a motive, be- 76 1 INS caufe they are not done with any vievd to confequences. InftinA. A&ions automatic have likewife a caufe $ but that caufe ^ v"—« is not internal impulfe, but mere mechanifm, by which they are performed without any fponianeity of the agent. Thus, a man gives charity in order to relieve a perfon from want j he performs a grateful adlion as a duty incumbent on him ; and he fights for his coun¬ try in order to repel its enemies. Each of thefe ac¬ tions is performed from a motive, and therefore they are all rational aftions. An infant is impelled to fuck the breaft, but heNknows not that it is neceffary for his prefervation ; a couple of young favages go together, for the firft time, without any view to offspring or any determinate idea of enjoyment. Thefe addons have no motive, and therefore are not rational: but as they are performed by a fpontaneous exertion of the agents, they are not to be attributed to mere mechanifm j they are therefore infinBive actions. A man breathes without any motive, without any Ipontaneous exertion of his own, and that as well when he is afleep as when he is awake. The adion of breathing therefore is neither rational nor inftindivefbut merely automatic or mecha¬ nical. All tin’s leems to be very plain. To talk of the motives of adions performed by inftind, in an argu¬ ment intended to prove that between reafon and in- Hind there is no difference, is either to beg the quef- tion or to pervert language. If the author of the Philofophy of Natural Hiftory choofes to call the Ittl- pulfe which prompts the infant to fuck by the name of motive, he only ufes an Englifti word improperly ; if it be his intention to affirm that fuch a motive is not totally and effientially different from that which prompts a man to give charity or to fight for his country, he affirms what all mankind know to be falfe (b). Having thus afeertained what we mean by inftind, we fliall now proceed to inquire, Whether or not there be any inftindive principles in man ? But in order to proceed upon fure grounds, it will be proper to confi- der, in the firft place, fuch adions of the inferior ani¬ mals as are generally allowed to be inftindive ; for an attempt has lately been made to prove, that even thefe adions are the offspring of reafon influenced by mo¬ tives $ and that infinB, as we have defined it, is a mere imaginary principle, which has no exiftence either in man or brute. It (b) I he author of Ancient Metaphyfcs, whofe learned work contains more good fenfe on this fubjed than any other book which we have feen, thus diftinguifhes between reafon and inftind : “ With refped to the mere animal, it is evident, that he putfues nothing but what is conducive either to the qwefervation of the ani¬ mal life or to the continuation of the kind. On the other hand, the objed which the intelledual mind purfues, is the fair and the handfome; and its happinefs confifts in the contemplation of thefe. And though it purfue alfo what is ufeful 'md. profitable iox the being and well-being of the animal life, yet it is for the fake, not of the animal life itfelf, but of the to or beautiful $ which therefore is the ultimate objed of its purfuit in all things. “ Another material difference in pradice betwixt the animal and intelledual mind is, that every adion of intelled proceeds from an opinion formed concerning what is good or ill, beautiful or the contrary, in the adion. When we do fo, we are faid to ad from will, which is always determined by fome opinion formed of the kind I have mentioned : whereas, when we ad from mere appetite or inclination, without deliberation or opinion form¬ ed, we ad as the. brute does always $ lor he has no will, but is prompted to adion by natural impulie, or as the Greeks call it. “ A third very material difference is, that intelled, in all its operations, propofes ends, and devifes means to accompliffi thefe ends j whereas the inftind of the brute proceeds without confideration either of ends or means.” 4 INS [ 277 ] INS tn!Hn&. It has been faid that caterpillars, when fhaken off a u-— tree in every direftion, inftantly turn round towards 6 the trunk and climb up, though they had never for- ofinftind rnerly been on the furface of the ground. This is a in animals, ftriking inffance of inftinft. On the tree, and not upon the ground, the caterpillar finds its food. If therefore it did not turn and climb up the trunk it would inevitably periih ; but furely the caterpillar knows not that fuch an exertion is neceffary to its prefervation ; and therefore it a£ls not from motives, but from blind impulfe. The bee and the beaver are endowed with an inftinsff which has the appearance of forefight. They build magazines, and fill them with provifions ; but the forefight is not theirs. Neither Ijees nor beavers know any thing of futurity. The folitary wafp digs holes in the fand, in each of which fne depofits an egg. Though five certainly knows not that an animal is to proceed from that egg, and ftill lefs, if poffible, that this animal muft be nourifhed with other animals, five collects a few fmall green worms, which five rolls up in a circular form, and fixes in the hole in fuch a manner that they cannot move. When the wafp-worm is hatched, it is amply flored with the food which nature has deftined for its fupport. The green worms are devoured in fuccefhon 5 and the num¬ ber depofited is exactly proportioned to the time ne- ceffary for the growth and transformation of the wafp- worm into a fly ; when it illues from the hole, and is capable of procuring its own nourifhment. This in- ftindt of the parent-wafp is the more remarkable, that five feeds not upon flelh herfelf. Birds of the fame fpecies, unlefs when retirained by peculiar circumflan- ces, uniformly build their nefts of the fame materials, and in the fame form and fituation, though they in¬ habit very different climates j and the form and fitua¬ tion are always exactly failed to their nature, and cal¬ culated to afford them (heller and protection. When danger, or any other circumflance peculiar to certain countries, renders a deviation from the common form or fituation of nefts neceflary, that deviation is made in an equal degree, and in the very fame manner, by all the birds of one fpecies ; and it is never found to extend beyond the limits of the country where alone it can ferve any good purpofe. When removed by neceflity from their eggs, birds return to them wilh hafte and anxiety, and fhift them fo as to heat them equally and it is worthy of obfervation, that their hafte to return is always in proportion to the cold of the climate. But do birds reafon, and all of the fame fpecies reafon equally well, upon the nature and ex¬ tent of danger, and upon the means by which it can beft be avoided? Have birds any notion of equality, or do they know that heat is neceffary for incubation ? No : in all thefe operations men recognifethe intentions of nature j but they are hid from the animals themfelves, and therefore cannot operate upon them as motives. Of the inftimft of animals we (hall give one inftance more in the elegant and perfpicuous language of Dr Reid. “ Every manufafluring art among men (fays that able writer) was invented by feme man, improved by others, and brought to perfeftion by time and ex¬ perience. Men* learn to work in it by long praftice, which produces a habit. The arts of men vary in every age and in every nation, and are found only in thofe men who have been taught them. The manufactures of animals differ from thofe of men in many ftriking Inftindt. particulars. No animal of the fpecies can claim the invention ; no animal ever introduced any new im¬ provement, or any variation from the former practice j every one of the fpecies has equal Ikill from the be¬ ginning, without teaching, without experience, and without habit; every one has its art by a kind of in- fpiration. I do not mean that it is infpired with the principles or rules of the art, but with the ability of working in it to perfection, without any knowledge of its principles, rules, or end. The work of every ani¬ mal is indeed like the works of nature, perfeCt in its kind, and can bear the moft critical examination of the mechanic or the mathematician j of which a honey¬ comb is a ftriking inftance. “ Bees, it is well known, conftruCt their combs with Remark- fmall cells on both fides, fit both for holding their (tore able in- of honey and for rearing their young. There are ftance m only three poffible figures of the cells, which can make bv'' ' them all equal and fimilar, without any ufelefs inter- < dices. Thefe are the equilateral triangle, the fquare, and the regular hexagon. Of the three, the hexagon is the moft proper, both for convenience and ftrength. Bees, as if they knew this, make their cells regular hexagons. As the combs have cells on both fides, the cells may either be exa&ly oppofite, having partition againft partition, or the bottom of a cell may reft upon the partitions between the cells on the other fide, which will ferve as a buttrefs to ftrengtben it. The la ft way is the beft for ftrength accordingly the bot¬ tom of each cell refts againft the point where three partitions meet on the other fide, which gives it all the ftrength poffible. The bottom of a cell may ei¬ ther be one plane, perpendicular to the fide partitions j or it may be compofed of feveral planes, meeting in a folid angle in the middle point. It is only in cne of thefe two Mays that all the cells can be fimilar without lofing room. And, for the fame intention, the planes, of which the bottom is compofed, if there be more than one, muft be three in number, and neither more nor fewer. It has been de.monftrated, that by making the bottoms of the cells to confift of three planes meeting in a point, there is a having of material and labour no way inconfiderable. I he bees, as if ac¬ quainted with thefe principles of foiid geometry, follow them moft accurately: the bottom of each cell being compofed of three planes, M’hich make obtufe angles ■with the fide partitions and with one another, and meet in a point in the middle of the bottom ; the three angles of this bottom being fupported by three partitions on the other fide of the comb, and the point of it by the common interfe&ion of thefe three partitions. One inftance more of the mathematical Ikill difplayed in the ftrufture of a honey-comb deferves to be men¬ tioned. It is a curious mathematical problem, at what precife angle the three planes which compofe the bottom of a cell ought to meet, in order to make the greateft poflible faving of material and labour. This is one of thofe problems belonging to the higher parts of ma¬ thematics, which are called problems of maxima and minima. The celebrated MlLaurin refolved it by a fluxionary calculation, which is to be found in the Tranfaflions of the' Royal Society of London, and de¬ termined precifely the angle required. Upon the pioft exaff menfuration which the fubjedt could admit, 1 Inftinft. 1 N 5 t 27 he afterwards found, that it is the very angle in which """v the three planes in the bottom of the cell of a honey¬ comb do actually meet. Shall we allc here, Who taught the bees the pro¬ perties of folids, and to refolve problems of maxima and minima ? If a honey-comb were a work of human art, every man of common fenfe would conclude, without hefitation, that he who invented the conftruftion muft have underftood the principles on which it was con- ftru&ed. We need not fay that bees know none of thefe things. They work mod geometrically without any knowledge of geometry; fomewhat like a child, who by turning the handle of an organ makes good mufic without any knowledge of mufic. The art is not in the child, but in him who made the organ. In like manner, when a bee makes its combs fo geometrically, the geometry is not in the bee, but in that great Geo¬ metrician who made the bee, and made all things in ' s number, weight, and meafure.” Which can- We have given a full detail of the ftru&ure of a founded011" ^0ney"C°mb’ becauk 11 an effe& inftinft which with the cannot he confounded with the operations of reafon. operations The author of T/ie Natural Hijiory of Animals, juftly of reafon. offended with that theory which treats of inf indive mo- lives, which reprefents the human mind as a bundle of 8 ] INS inftinfls, and of which the objefl: feems to be to de- fcft.ii cl, grade mankind to the level of brutes, has very laudably —* exerted his endeavours to deteft its weaknefs, and to expofe it to contempt. But in avoiding one extreme, he feems to have run into the other ; and whilft he maintains the rights of his own fpecies, he almoft raifes the brutes to the rank'of men. “ It is better (he fays) to {liare our rights with others than to be entirely de¬ prived of them.” This is certainly true 5 and no good man will hefitate to prefer his theory to that of Ids an- tagonift ; but we fee no neceffity for adopting either j the phenomena may be accounted for without degrad¬ ing reafon to the level of inftincf, or elevating inftinft to the dignity of reafon. We fhall readily allow to Locke (c), that fome ofonfune^ the inferior animals feem to have perceptions of parti-occafions cular truths, and within very narrow limits the facultytIie infcr‘or of reafon : but we fee no ground to fuppofe that their ?n'rna,srea'' natural operations are performed with a view to confe-.^y quences; and therefore cannot perfuade ourfelves with form their this hiftonan of theirs, that thele operations are the re-natural°pe» fult of a train of reafoning in the mind of the animal. !'atl?,1s b7 He acknowledges indeed, that their reafoning andmfl;lna' thinking powers are remarkably deficient when com¬ pared with thofe of men ; that they cannot take fo full (c)‘ For if they have any ideas at all, and are not mere machines, as fome w'ould have them, we cannot deny them to have fome reafon. _ It feems as evident to me, that fome of them do, in certain inftances, reafon, as that they have fenfe j but it is only m particular ideas, juft as they received them from the fenfes. They are the beft of them tied up within thofe narrow bounds, and have not, as I think, the faculty to enlarge them by any kind of abftraftion. Ejfay on Human Underjlanding, book ii. chap. xi. • ^ *.nn?arn 3 °h^ervation, and ferVes to account far many phenomena which later writers have de¬ rived from mftina. J he author of The Philofophy of Natural Hiftory had “ a cat that frequented a clofet, the door ot which was faftened by a common iron latch. A window was fituated near the door. When the door was ftiut, the cat gave herfelf no uneafinefs. As foon as Ihe tired of her confinement, fhe mounted on the lole of the window and with her paw dexteroufly lifted the latch and came out.” This nraftice which we are told continued for years, muft have beert the confequence of what Locke calls reafoning in particular rueas. It could not be the effe.a of inftina j for inftinft is adapted only to a ftate of nature, in which cats have neither latches to lift nor doors to open ; and as it is not faid that the animal attempted to lift the latches of other doors, we are not authorifed to infer that this particular aftion was the confequence of rea¬ soning in ideas enlarged by abftraaion : the cat had repeatedly feen one door opened by an exertion which ;,e ;V-eTbl\°f Yet that animals have no power of enlarging their ideas, is a pofition, of lfhA^"luC}i, tT.8-h f ,s advanced by Locke, we are by no means confident. It is well known that crows feed upon feveral kinds of fhell-fifh when within their reach j and that they contrive to break the {hell by railing the fi{h to a great height, and letting it drop upon a ftone or a rock. This may perhaps be confidered dlre£L.ng the animal to the proper means of acquiring its food. But what is to be thought of the following fact, which was communicated to us by a gentleman whofe veracity is unqueftioned, and who, oemg totally unacquainted with the theories of philofophers, has of courfe no favourite hypothefis to fupport > In tne Ipnng of the year 1791, a pair of crow s made their neft in a tree, of which there are feveral planted round Ins garden ; and in his morning-walks he had often been amufed by witneffing furious combats between tnem and a cat. Or.e morning the battle raged more fiercely than ufual, till at laft the cat gave way and took iheifer under a hedge,, as it to wait a more favourable opportunity of retreating to the houfe. The crows continued tor a fliort time to make a threatening noife j but perceiving that on the ground they could do nothing more than threaten, one of them lifted a ftone from the middle of the garden, and perched with it on a tree planted in the hedge, where ftie fat watching the motions of the enemy of her young. P As the cat c ept , » < ge’ :he r°W a?‘ri,!,,n.ied her by flying from branch ,0 branch and from tree to tree; he l tjaft puts ventured to quit her hiding-place, the crow, leaving the tree, and hovering over her in and it In rfr°m.7 hlSh on her back. That the crow on this occafion reafoned, is felf-evident; which (he had 6 j r e^'-ent that the ideas employed in her reaioning w-ere enlarged beyond thole brokl bv f ,r ,Tn rre?fes: r13^ herf'nfe- (he perceived, that the thcll of a fith Is falfof aXn/) M but coula her, that a cat would be wounded or driven off the field bv the her power of reafonhT ^ ^ ** Pr£feryed “ ller chan the fum infured. In cafe of goods being damaged, the proportion of the fum infured, for which the underwriters are liable, is regulated by the proportion of the prices which the found and damaged goods fetch at the port of deftina- tion. The prime coft of the goods is not confidered, nor the neceflxty of immediate fale, in confequence of damage. Although the damaged goods fell above prime coft, the infurers are liable. Fourthly, If a fhip be loft, and the crew faved, the lofs is proved by the evidence of the crew. 88 ] , INS If damage be fuftained, the extent is proved by an Infurance. examination of the fubjefl damaged, at the ftiip’s ar- v***»-j rival; and the caufe by the evidence of the crew. If the ftiip be ftranded, evidence muft be taken at the place where ftranded. Documents of lofs muft be laid before the under¬ writers, with all convenient fpeed j and, if thefe be fufficiently clear, the lofs ftiould be immediately fettled. The underwriters generally grant their notes at a month or fix weeks date for their proportions. If a fliip be not heard of for a certain time, it is pre¬ fumed loft ; and the underwriters are liable to pay the fums infured, the property being abandoned to them in the event of the ftiip’s return. Six months are allowed for a voyage to any part of Europe, a year to America, and two years to the Eaft Indies. By the ordinance of Hamburgh, if a ftiip be three months beyond the ufual time of performing, a voy¬ age, the underwriters may be defired to pay 92 per cent, on an abandon. If they decline it, they are al¬ lowed 14 months more, and then they muft pay the full value. A ftiip infured againft the hazards of the fea, but not againft the enemy, if never heard of, is prefumed loft at fea. Fifthly, In order that the manner of fettling Ioffes may be underftood, we muft explain what is meant by covering property. We mentioned already, that infu- rances for greater fums than the infured had really at flake, were contrary to law : but fome latitude is al¬ lowed in that icfpedl j for if the owner were to infure no more than, the exadt value of his property, he would lofe the premium of infurance, and the abatement, if any was agreed on. For example, if he has goods on board to the value of 100I. and infures the fame at 5 per cent, to abate 2 per cent, in cafe of lofs ; then, if a total lofs hap¬ pen, he recovers 98I. from the infurers, of which 5I. being applied to re-place the premium, the nett fum faved is only 93I. j but, if the value on board be only 93I. and the fum infured 100I. he would be fully in- demnified for the lofs j and his property, in that cafe, ,is faid to be covered. lo find how much ftiould be infured to cover any fum, fubtradl the amount of the premium and abate¬ ment (if any) from 100I. As the remainder is to 100I. fo is the value to the fum which covers it. In cafe of a total lofs, if the fum infured be not greater than that which covers the property, the in¬ furers muft pay it all. If greater, they pay what covers the property, and return the premium on the overplus. Partial Ioffes are regulated by this principle, that whereas the owner is not fully indemnified, in cafe of a total lofs, unlefs he covers his property, therefore he ftiould only be indemnified-for a partial lofs in the fame proportion ; and, ir it be not fully infured, he is cohfi- dered as infurer himfelf, for the part not covered, and muft bear a fuitable proportion of the lofs. Therefore, the value of the property is proved, and the fum requi¬ red to cover it computed. If that fum be all infured, the underwriters pay the whole damage 5 if only part be infured, they pay their (hare, wliich is computed by the following rule : .As the fum which covers the pro¬ perty is to the fum infured, fo is the whole damage to the INS r 2^9 ] INS Infitrance. the part for which the infurers are liable.—For example, ‘ ^ if the value of the proj^rly be 360I. the fum infured 300I. the premium 8 per cent, and abatement 2 per cent, then the fum which thould be infured to cover the property is 400I. ; and, if damage be fuitained to the extent of 200I. the owners will recover 150I. If a voyage is infured out and home, the premium outward mutt be confidered as part of the Value on the homeward property, and the fum neceflary to cover it computed accordingly. For example, to infure 100I. out and home, at 5 per cent, each voyage, abatement 1 per cent, we compute thus : 93 : loo :: L. 100 : L. 107 : 10 : 6, to be infured outward, premium on L. 107 : 10 : 6 outwards, at 5 per cent. L. 5 : 7 : 6 : 93 : 100 :: L. 105 : 7 : 6 : L. 113 : 6s. to be infured home j the premium on which is L. 5 : 13 : 6 } and, if the fhip be loft on the homeward voyage, From the fum infured home L. 113 6 O Subtradt the difcount, 2 per cent. 2 S 3 Sum for which the infurers are liable L.m — 9 Infurance out hi. 5 7 6 Infurance home 5 !3 3 11 — 9 Covered property L. 100 II. INSURANCE again]} Fire. There are feveral of¬ fices in Britain for this purpt>fe, of which the Sun fire- office is the mott confiderable. Infurances are divided into common, hazardous, and doubly hazardous, ac¬ cording to the nature of the fubjedl infured. When the fum infured is high, there is a higher premium per cent, demanded j and money, papers, jewels, pic¬ tures, and gun-powder, are not comprehended. If a fubjedt be wrong defcribed, in order that it may be in¬ fured at a lower premium, the policy is void. The be¬ nefit of a policy is transferred, by indorfement, to the reprefentatives of the perfon in whofe favour it was made •, and it may be transferred to other houfes when the infured changes his habitation. If infurance be made on the fame fubjedt in different offices, it mutt be fpecified, by indorfement, on the policy ; and, in cafe of lofs, the offices pay proportionally. The in¬ furers pay all expences in attempting to extinguilh fire, or to fave goods, though not fuccefsful. If the value of a fubjedt be infured in part, and damage be futtained, the infurers pay the whole, if it does not ex¬ ceed the fum infured. III. Insurance of Debts. See Bottomry. IV. In virtue of INSURANCE for Lives, when the perfon dies, a fum of money becomes payable to the perfon on whofe behalf the policy of infurance was granted. One of the principal infurance-offices of this kind is that of the Amicable Society for a perpetual infurance, kept in Serjeant’s-inn, Fleet ftreet, London. This fociety at Serjeant’s-inn requires an annual payment of 5I. from every member during life, pay¬ able quarterly. T. he whole annual income hence ari- fing is equally divided among the nominees, or heirs, of fuch members as die every year ; and this renders the dividends among the nominees in different years, more or lefs, according to the number of members who have happened to die in thofe years. But this VOL. XI. Part I, fociety engages that the dividends fhall not be lefs than Infurane&. 150I. to each claimant, though they may be more.—- ——y— None are admitted whofe ages are greater than 45, or lefs than 1 2 j nor is there any difference of contri¬ bution allowed on account of difference of age.—This fociety has fubfitted ever fince 1706, and its credit and ufefulnefs are well eftabliflied. Its plan, however, is liable to feveral obje&ions. Firtt, it is evident, that regulating the dividends among the nominees, by the number of members who die every year, is not equi¬ table 5 becaufe it makes the benefit which a member is to receive to depend, not on the value of his contribu¬ tion, but on a contingency ; that is, the number of members that lhall happen to die the fame year with him. Secondly, its requiring the fame payments from all perfons under 45, is alfo not equitable j for the pay¬ ment of a perfon admitted at 12 ought not to be more than half the payment of a perfon admitted at 45. Thirdly, its plan is fo narrow', as to confine its ufefui- nefs too much. It can be of no fervice to any perfon whofe age exceeds 45. It is likewife by no means pro¬ perly adapted to the circumftances of perfons who want to make affurances on their lives for only one year, or a fhort term of years. For example : the true value of the aflurance of 150I. for five years, on the life of a perfon whofe age is 39, may be found, by the firit rule, to be nearly three guineas per annum, fuppofing inte- reft at 3 per cent, and the probabilities of the duration of human life, as they are given in Dr Halley’s Table of Obfervations. But fuch an affurance could not be made in this fociety without an annual payment of 5!* Neither is the plan of this fociety at all adapted to the circumftances of perfons who wmnt to make affurances on particular furvivorftiips. For example : a perfon poffeffed of an eftate or falary, which mutt be loft with his life, has a perfon dependent upon him, for whom he dcfires to fecure a fum of money payable at his death* But he defires this only as a fecurity againft the danger of his dying firft, and leaving a wife, or a parent, with¬ out fupport. In thefe circumftances he enters himfelf into this fociety ; and, by an annual payment of 5I, en¬ titles his nominee at his death to 150I. In a few years, perhaps, his nominee happens to die j and having then loft the advantages he had in view, he determines to forfeit his former payments, and to withdraw from the fociety. The right method, in this cafe, would have been to have taken from fuch a perfon the true value of the fum affured, “ on the fuppoiition of non-payment, provided he fhould furvive.” In this way he would have chofen to contrail with the fociety : and had he done this, he would have paid for the affurance (fup- pofmg intereft at 3 per cent, his age 30, the age of his nominee 30, and the values of lives as given by M. de Moivre) 3I. 8s. in annual payments, £0 begin imme¬ diately, and to be continued during the joint duration of his own life, and the life of his nominee. The Equitable Society for Affurances on Lives and Survivor Ihips, which meets at Blackfriars Bridge, is one of the molt important of the kind. It was efta- bliIhed in the year 1762, in confequence of propofals made, and lectures recommending the defign, which had been read by Mr Dodfon, author of the Mathema¬ tical Repofitory. It affures any fums, or reverlionary annuities, on any life or lives, for any number of years, as well as for the whole continuance of the lives ^ and I N T Sura affured 100I. Infurance. INS [ 290 ] in any manner that may be befl adapted to the views of the perfons allured. For inftance, any perfons wno de¬ pend on incomes which mult be loft when they die, or who are only tenants for lite in eftates, may, if they want to borrow money, be enabled to give fufficient fecurity, by alluring fuch fums as they want to bor¬ row, and affigning the policy. In the fame way cler¬ gymen, and others who hold places of profit, having families whofe fubfiftence depends on the continuance of their lives ; fuch as enjoy annuities for the lives of others ; any perfon entitled to an eftate, legacy, &c. after another perfon, provided he furvives ; hulbands may provide annuities for their wives, if they leave them widows 5 parents may, by affuring the lives of their children, when infants, till they attain a given age, fecure for them, (hould they live till that age, fums neceffary for apprenticelhips, &c. •, perfons apprehenfive of being left without fupport inoldage,may herepurehaie annuities, if willing to wait for the commenceraent of the payment of thefe till they are 55 or 60 years of age. In fine, there are no kinds of alfurances on lives and furvivorlhips, which this fociety does not make, follow¬ ing the rules given by tbe belt mathematical writers on life annuities, particularly Mr Simfon’s. In or¬ der to gain fucb a profit as may render it a perma¬ nent benefit to the public, and enable it to bear the ex- pences of management, it takes the advantage of mak¬ ing its calculations at fo low an intereft as 3 per cent, and from tables of the probabilities and values of lives in London, where, as in all great towns, the rate of human mortality is much greater than it is in common •among mankind. This fociety, finding in the month of June i/77» that their affairs were in a flourifhing condition, came to a refolution to reduce their annual premiums one- tenth •, and they adopted new tables in tbe year 1782, founded on the probabilities of life at Northampton, in- ft«ad of thofe which were framed from the London bills of mortality. It was afterwards thought proper to make an addition, for greater fecurity, of 15 per cent, to the true value of the aflurances, as calculated from the table of mortality at Northampton. To make a fuitable recompenfe to the allured for the payments they had formerly made, which had been greater than the new rates required, an addition of il. 10s. was made to their claims far every premium they had paid. The re- fult of this rfteafure was, that in 1785 the bufinefs of the fociety was nearly doubled, the fums allured a- mounting to 720,00c!. In confequence of a minute in- veftigation, the fociety took off the > 5 per cent, charged on premium' in *782, and added il. per cent, more to the affurer’s claims, for every payment made before the lit of January 1786. Bufinefs ftill increafing, they made another addition of il. per cent, in 1791 J and in the fubfequent year a f rther addition of 2l. per cent, by which the claims of fuch as affured in 1770 came to be more than doubled, and thole of a prior date were ftill higher. By fuch integrity and confequent increafe of bufinefs, the fums affured amounted, on the 31ft of De¬ cember 1792, to the aftonilhing fum of three millions fterling •, and exaftly three years after, they amounted to about one million more. The rates of affuram e, as reduced to their real va¬ lues in 1786, according to which all bufmefs is now tranfacled, are the following. Age. *5 20 25 3° 35 40 45 50 55 60 65 One year. \ Seven years. £- '• o 17 <1- 7 TO !3 l6 o 6 !5 5 18 15 11 3 1 1 7 1 3 1 4! 1 8 2 8 2 1 ! 3 o j 3 1 4 2 ! 5 j. 2 9 12 I4 18 4 10 o 12 7 10 d. 11 5 x 11 10 1 IC 8 o 1 10 Whole life. s. xS 3 8 13 19 7 *7 d. 7 7 1 4 10 x 1 11 10 10 6 4 7 16 Int'urance 11 Intendant. The other offices in London for the affurances of lives are, The Royal Exchange Affurance, which was em¬ powered to allure lives by virtue of its fecond charter, bearing ddte the 29th of April 1721 5 the Weftminfter Society was eftablilhed in 1792, for affuring lives and annuities j and the Pelican Life Office was inftituted in 1797, which makei a new Ipecies of affurance, by way of endowment for daughters, when they have attained the age of 21 years. Re-lNSURANGE is a fecond contraft, made by anyin- furer, to transfer the rifkhe has engaged for to another. It is in general forbidden by 19 Geo. II. c. 37. but is permitted to the reprefentatives of an infurer in caie of his death, or his affignees in cafe of his bankruptcy j and it mult be mentioned in the policy that it is a re- infurance. INTAGLIOS, precious Hones, on which are en¬ graved the heads of great men, inscriptions, and the like *, fuch as we frequently fee fet in rings, feals, &c, INTEGER, in Arithmetic, a whole number, in con- tradiftindlion to a fradlion, INTEGRAL, or Integrant, in Philofcphy, ap¬ pellations given to parts of bodies which are of a fimilar nature with the whole : thus filings of iron have the fame nature and properties as bars of iron. Bodies may be reduced into their integrant parts by triture or grinding, liraation or filing, lolution, amal¬ gamation, &c. See Grinding. Integral Calculus, in the new analyfis, is the re- verfe of the differential calculus, and is the finding of the integral from a given differential ", being fimilar to the inverfe method of fluxions. See Feuxions. INTEGUMENTS, in Anatomy, denote the com¬ mon coverings which inveft ihe body j as the cuticula,, cutis, &c See Anatomy. INTEGUMENT is alio extended to the particular membranes which inveft certain parts of the body ; as- the coats or tunics of the eye. INTELLECT, a term ufed among philofophers, to fignify that faculty of the foul ufualiy called the un¬ derfunding. See Logic and Metaphysics. INTENDANT, one who has the conduct, infpec- tion, and management of any thing. See SUPERIN¬ TEND ANT. This is a title frequent among the French : they have intendants of the marine, who are officers in the fea- poits, Iittendant II Intercef- lion. I N T [29 ports, vhofe bufinefs it is to take care tlie ordinances and regulations relating to fea aftairs be obferved : in- tendants of the finances, who have the direction of the revenues : intendanis of provinces, who are appointed by the king to take care of the adminiftration of juftice, policy, and finances in the province : alfo intendants of buildings, of Jioufes, &.c. INTENDMENT, in Law, is the intention, defign, or true meaning, of a perfon or thing, which frequent¬ ly fupplies what is not fully expreffed ; but though the intent of parties in deeds and contracts is much regard¬ ed by the law, yet it cannot take place againft the rules of law. INTENDMENT of Crimes; this, in cafe of treafon where the intention is proved by circumftances, is pu- niihable in the fame manner as if it was put in execu¬ tion. So, if a perfon enter a houfe in the night-time, with an intent to commit burglary, it is felony ; alfo, an affault, with an intent to commit a robbery on the highway is made felony, and punifhed with tranfporta- tion, 7 Geo. II. c. 21. INTENT, in the civil law, fignifies to begin, or commence, an a&ion or procefs. INTENTION, in Medicine, that judgment or me¬ thod of cure which a phyfician forms to himfeif from a due examination of fymptoms. Intention, in Phyfics, the increafe of the power or energy of any quality •, as heat, cold, &c. by which it Hands oppofed to remiffion, which fignifies its decreafe ®r diminution. Intention, in Metaphijlies, denotes an exertion of the intelleftual faculties with more than ordinary vi¬ gour •, when the mind with earneftnefs fixes its view on any idea, confiders it on all fides, and will not be called off by any folicitation. INTERAMNA, in Ancient Geography, fo called from its fituation between rivers, or in an ifland in the river Nar •, a town of the Cifapennine Umbria. Inter- amnates the people •, furnamed Nartes by Pliny, to diftinguifh them from the people of other Interamnae. Now Term : a town in the pope’s territory in Umbria. E. Long. 13. 38. N. Lat. 42. 40. Interamna, a town and colony of the Volfci in Latium, on the confines of Samnium, at the conflu¬ ence of the rivers Liris and Melpis j and for diffinc- tion fake called Lirinas. The town is now in ruins. Interamna, or Interamnia Freetutiariorum (Ptole¬ my) ; a town in the territory of the Praetutiani, a part of the Picenum. Nowr Teramo, in the Abruzzo of Naples. E. Long. 15. N. Lat. 42. 40. INTERCALARY, an appellation given to the odd day inferted m leap-year j which was fo called from cnlo, calare, “ to proclaim,” it being proclaimed by the priefts with a loud voice. INTERCAT I A, in Ancient Geography, a town of the Vaccaei in the Hither Spain. Here Scipio AEmilia- nus flew a champion of the barbarians in Angle com¬ bat j and was the firft who mounted the wall in taking the town. It was fituated to the fouth-eaft of Afturia j now faid to be in ruins. INTERCESSION (intercefiio'), was ufed in ancient Rome, for the aft of a tribune of the people, or other magiftrate, by which he inhibited the afts of other magiftrates •, or even, in cafe of the tribunes, the de¬ crees of the fenate. Veto was the folemn word ufsd Intel eft. r ] I N T by the tribunes when they inhibited any decree of the laterceffion fenate or law propofed to the people. The general law of thefe interceffions was, that any magiftrate might inhibit the afts of his equal or inferior ; but the tribunes had the foie prerogative of controlling the afts of every other magiftrate, yet could not be corn- trolled themfelves by any. INTERCESSOR (from inter and cedo, “ I go be¬ tween”), a perfon who prays, expoftulates, or inter¬ cedes, in behalf of another. In the Roman law, inter- ceffor was the name of an officer, Whom the governors of provinces appointed principally to raife taxes and other duties. Intercessor, is alfo a term heretofore applied to fuch biftiops as, during the vacancy of a fee, admini- ftered the bilhoprick, till a fuccefior to the deceafed biffiop had been elefted. The third council of Car¬ thage calls thefe interventors. INTERCOLUMNIATION-, in ArchiteBure, de¬ notes the fpace between two columns, which is always to be proportioned to the height and bulk of the co¬ lumns. INTERCOSTAL, in Anatomy, an appellation gi¬ ven to fuch mufcles, nerves, arteries, and veins, as li« between the ribs. INTERDICT, an ecclefiaftical cenfure, by which the church of Rome forbids the performance of divine fervice in a kingdom, province, town, &c. This cen¬ fure has been frequently executed in France, Italy, and Germany j and in the year 1170, Pope Alexander III. put all England under an interdift, forbidding the cler¬ gy to perform any part of divine fervice, except bapti- fing of infants, taking confeffions, and giving abfolutioa to dying penitents. But this cenfure being liable to the ill confequences of promoting libertinifm and a negleft of religion, the fucceeding popes have very feldom made ufe of it. There was alfo an interdift of perfons, who were deprived of the benefit of attending on divine fervice. Particular perfons were alfo anciently interdifted of fire and water, which fignified a banilhment for fome par¬ ticular offence •, by their cenfure no perfon was allow¬ ed to receive them, or allow' them fire or water } and being thus wholly deprived of the two necefiary ele¬ ments of life, they were doubtlefs under a kind of civil death.- INTEREST, is the premium or mbney paid foe the loan or ufe of other money. Many good and learned men have in former times very much perplexed themfelves and other people by raifing doubts about the legality of iniereft in faro con- fdent ice. It may not be amifs here to inquire upon what grounds this matter does really ftand. The enemies to intereft in general make no diftinc- tion between that and ufury, holding any increafe of money to be indefenfibly ufurious. And this they ground as well on the prohibition of it by the law of Mofes among the Jews, as alfo upon what is laid down by Ariftotle, That money is naturally barren J and to make, it breed money is prepofterous, and a perverfion of the end of its inftitution, wdiich was only to ferve the purpofes of exchange, and not of increafe. Hence the fchool-divines have branded the praftice of taking intereft, as being contrary to the divine law both na¬ tural and revealed j and the canon law has proferibed O o 2 * tha I N T Intereft. the taking any the leaft increafe for the loan of money as a mortal fin. But, in anfwer to this, it may be obferved, that the Mofaical precept was clearly a political, and not a mo¬ ral, precept. It only prohibited the Jews from ta¬ king ufury from their brethren the Jews ; but in ex- prefs words permitted them to take it of a firanger : which proves that the taking of moderate ufury, or a reward for the ufe, for fo the word fignifies, is not ma- lum in fe, fince it was allowed where any but an If- raelite was concerned. And as to Ariftotle’s reafon, deduced from the natural barrennefs of money, the fame may with equal force be alleged of houfes, which never breed houfes j and twenty other things, which nobody doubts it is lawful to make profit of, by letting them to hire. And though money was originally ufed only for the purpofes of exchange, yet the laws of any Hate may be well juftified in permitting it to be turn¬ ed to the purpofes of profit, if the convenience of fo- eiety (the great end for which money was invented) fhall require it. And that the allowance of moderate intereft tends greatly to the benefit of the public, efpe- eially in a trading country, will appear from that ge¬ nerally acknowledged principle, that commerce cannot fubfift without mutual and extenfive credit. Unlefs money therefore^ can be borrowed, trade cannot be carried on : and if no premium were allowed for the hire of money, few perfons would care to lend it ; or at leaft. the eafe of borrowing at a ftiort warning (which is the life of commerce) would be entirely at an end. Ihus, in the dark ages of monkilh fuperftition and ci¬ vil tyranny, when intereft was laid under a total in- terdia, commerce was alfo at its loweft ebb, and fell entirely into the hands of the Jews and Lombards : but when men’s minds began to be more enlarged, when true religion and real liberty revived, commerce grew again into credit j and again introduced with itfelf its infeparable companion, the doctrine of loans upon in¬ tereft. And, really, confidered abftra&edly from this its ufe, fince all other conveniences of life may be either bought or hired, but money can only be hired, there fee *ns no greater impropriety in taking a recompenfe or price for the hire of [ 292 1 I N T or price for the hire of this, than of any other conve¬ nience. If one borrow 100I. to employ in a bene¬ ficial trade, it is but equitable that the lender Ihould have a proportion of the gains. To demand an exor¬ bitant price is equally contrary to confcience, for the loan of a herfe, or the loan of a fum of money : but a reasonable equivalent for the temporary inconvenience which the owner may feel by the want of it, and for the hazard of his lofing it entirely, is not more immoral in one cafe than it is in the other. And indeed the abfolute prohibition of lending upon any, even moderate intereft, introduces the very inconvenience which it feems meant to remedy. The neceflity of individuals will make borrowing unavoidable. Without fome pro¬ fit by law, there will be but few lenders: and thofe principally bad men, who will break through the law, and take a. profit; and then will endeavour to indem¬ nify them (elves from the danger of the penalty, by making that profit exorbitant. Thus, while all de¬ grees of profit were difcountenanced, we find more complaints of ufury, and more flagrant inftanees of ®pprefiion, than in modern times when money may be eafily had at a low intereft, A capital diftinaion muft Intereft. therefore be made between a moderate and exorbitant '—“V—— profit j to the former of which we ufually give the name of interej}, to the latter the truly odious appella¬ tion of ufury ; the former is m ceflary in every civil ftate ; if it were but to exclude the latter, which ought never to be tolerated in any well regulated fociety ^ For, as the whole of this matter is well fummed up by Grotius, “ if the compenfation allowed by law does not exceed the proportion of the hazard run, or the want felt, by the loan, its allowance is neither repug¬ nant to the revealed nor to the natural law : but if it exceeds thofe bounds, it is then oppreflive ufury j and though the municipal laws may give it impunity, they never can make it juft.” We fee, that the exorbitance or moderation of in¬ tereft, for the money lent, depends upon two circum- ftances j the inconvenience of parting with it for the prefent, and the hazard of lofing it entirely. The in¬ convenience to individual lenders can never be eftima- ted by laws; the rate therefore of general intereft muft depend upon the ufual or general inconvenience. This refults entirely from the quantity of fpecie or current money in the kingdom : for, the more fpecie there is circulating in any nation, the greater fuperfluity there will be, beyond what is neceffary to carry on the bu- finefs or exchange and the common concerns of life. In every nation, or public community, there is a certain quantity of money thus neeelfary ; which a perfon well Ikilled in political arithmetic might perhaps calculate as exa tomry, and Insurants. Upoa-; \ I N T r 293 ] 1 N T Intereft Upon the two principles of inconvenience and ha¬ zard, compared together, different nations have at dif- Inteiim. feren^ tjmes eftablithed different rates of intereff. The Romans at one time allowed centiffirvee, one per cent, monthly, or twelve per cent, per annum, to be taken for common loans: but Juftinian reduced it to trientes, or one-third of the as or ceritijfimce, that is four per cent. $ but allowed higher intereft to be taken of mer¬ chants, becaufe there the hazard was greater. So too Grotius informs us, that in Holland the rate of intereft was then eight per cent, in common loans, but twelve to merchants. Our law eftablifhes one ftandard for all alike, where the pledge or fecurity itfelf is not put in jeopardy •, left, under the general pretence of vague and indeterminate hazards, a door ftiould be opened to fraud and ufury ; leaving fpecific hazards to be provid¬ ed againft by fpecific infurances, or by loans upon refpondentia or bottomry. But as to the rate of legal intereft, it has varied and decreafed for 200 years paft, according as the quantity of fpecie in the kingdom has increafed by acceftions of trade, the introduction of paper-credit, and other circumltances. The ftatute 37 Hen. VIII. c. 9. confined intereft to ten per cent, and fo did the ftatute 13 EHz. c. 8. But, as through the encouragements given in her reign to commerce, the nation grew more wealthy ; fo, under her fucceffor, the ftatute 21 Jac. I. c. 17. reduced it to eight per cent. 5 as did the ftatute 12 Car. II. c. 13. to fix ; and laftly, by the ftatute 12 Ann. flat. 2. c. 16. it was brought down to five per cent, yearly, which is now the extremity of legal intereft that can be taken. But yet, if a contraCI which carries intereft be made in a foreign country, our courts will direCI the payment of intereft according to the law of that country in which the contraft was made. Thus Irith, American, Turk- ifli, and Indian intereft, have been allowed in our courts to the amount of even 1 2 per cent. For the modera¬ tion or exorbitance of intereft depends upon local cir- cumftances j and the refufal to enforce fuch contraCIs would put a ftop to all foreign trade. And, by ftat. 14 Geo. III. c. 79. all mortgages and other fecuri- ties upon eftates or other property in Ireland or the plantations, bearing intereft not exceeding fix per cent, lhall be legal j though executed in the kingdom of Great Britain : unlefs the money lent fhall be known at the time to exceed the value of the thing in pledge ; in which cafe alfo, to prevent ufurious contraCIs at home under colour of fuch foreign fecurities, the bor¬ rower fhall forfeit treble the fum fo borrowed. For the method of computing intereft, fee Arith¬ metic, feCt. iv. p. 640, and Algebra, fed. xx. p. 658. IN 1 EEJECT ION, in Grammar, an indeclinable part of Ipeech, fignifying fome paffion or emotion of the mind. See Grammar. INTERIM, a name given to a formulary, or kind of confeffion of the articles of faith, obtruded upon the Proteftants after Luther’s death by the emperor Charles V. when he had defeated their forces ; fo called becaufe it was only to take place in the interim (mean time) till a general council fhould have decided all points in difpute between the Pioteftants and Roma- nifts It retained moft of the dodrine* ond ceremonies ef the Romanifts, excepting that of marriage, which 3 was allowed to the clergy, and communion to the laity Interim under both kinds. Moft of the Proteftants rejeded it. ^ ^ There were two other interims 5 one of Leipfic, the other of Franconia. INTERLOCUTOR, in Scots Law, is the decifion er judgment of a court before the final decree is paffed' and extraded. INTERLOCUTORY decree, in Englifh Law. In a fuit in equity, if any matter of fad be ftrongly controverted, the fad is ufually dircded to be tried at the bar of the court of king’s bench, or at the affizes, upon a feigned iffue. If a queftion of mere law arifes in the courle of a caufe, it is the pradice of the court of chancery to refer it to the opinion of the judges o£ the court of king’s bench, upon a cafe Hated for that purpofe. In fuch cafes, interlocutory decrees or or¬ ders are made. INTERLOCUTORY Judgments are fuch as are given in the middle of a caufe, upon iome plea, proceeding on default, which is not intermediate, and does not final¬ ly determine or complete the fuit. But the inter¬ locutory judgments moft ufually fpoken of, are thofe incomplete judgments, whereby the right of the plain¬ tiff is eftablifhed, but the quantum of damages fuftain- ed by him is not afcertained, which is the province of a jury. In fuch a cafe a w rit of inquiry iffues to the fheriff, who fummons a jury, inquires of the damages, and returns to the court the inquifition fo taken, where¬ upon the plaintiff’s attorney taxes cofts, and figns final judgment. INTERLOCUTORY Order, that which decides not the caufe, but only fettles fome intervening matter relating to the caufe. As where an order is made in chancery, for the plaintiff to have an injundien, to quit poffef- fion till the hearing of the caufe j this order, not be¬ ing final, is called interiocutomj. INTERLOPERS, are properly thofe who, with- . out due authority, hinder the trade of a company or corporation lawfully eftablifhed, by dealing in the lame way. INTERLUDE, an entertainment exhibited on the theatre between the ads of a play, to amufe the fpec- tators while the adors take breath and Ihift their drefs, or to give time for changing the fcenes and decora¬ tions. In the ancient tragedy, the chorus fung the inter¬ ludes, to (how the intervals between the ads. Interludes, among us, ufually confift of longs, dances, feats of adivity, concerts of mufic, &e. Ariftotle and Horace give it for a rule, that the in* terludes ftiould confift of fungs built on the principal parts of the drama : but fince the chorus has been laid down, dancers, buffoons, &c. ordinarily furnifh the interludes. IN 1 ERMENT, the ad of interring, i. e. burying or laying a deceafed perfon in the ground. Ariftotle afferted, that it was more juft to aflift the dead than the living. Plato, in his Republic, does not forget amongft other parts of juftiee, that which concerns the dead. Cicero eftablifhes three kinds of juftice ; the firft refpeds the gods, the fecund the manes or dead, and the third men. Thefe princi¬ ples ftem to be drawn from nature ; and they appear at leaft to be neceffary for the fupport of fociety, fines I N T [ 294 ] I N T rib us Philo fophorum, lib. viii. Interment, at all times civilized nations have taken care to bury their dead, and to pay their laft refpects to them. See Burial. We find in hiftory'feveral traces of the refpeft which the Indians, the Egyptians, and the Syrians entertain- ed for the dead. The Syrians embalmed their bodies with myrrh, aloes, honey, fait, wax, bitumen, and re- finous gums; they dried them alfo with the fmoke of the fir and the pine tree. The Egyptians preferved theirs with the refm of the cedar, with aromatic fpices, and with fait. Thefe people often kept fuch mum¬ mies, or at leaft their effigies, in their houfes $ and at grand entertainments they were introduced, that by re¬ citing the great attions of their anceftors they might be better excited to virtue. See FuNEEAL Rites. The Greeks, at firft, had probably not the fame ve¬ neration for the dead as the Egyptians. Empedocles, therefore, in the eighty-fourth Olympiad, reilored to life Ponthia, a woman of Agrigentum, who was about * Diogenes to be interred*. But this people, in proportion as they Laertius de grew civilized, becoming more enlightened, perceived w/ff etpM?~ the neceffity of eftabliffiing laws for the proteftion of the dead. At Athens the law' required that no perfon ffiould be interred before the third day •, and in the greater part of the cities of Greece a funeral did not take place till the fixthor feventh. When a man appeared to have breathed his laft, his body was generally waffied by his neareft relations, with v'arm water mixed wdth wine. They afterwards anointed it with oil $ and co¬ vered it with a drefs commonly made of fine linen, according to the cuftom of the Egyptians. This drefs was white at Meffina, Athens, and in the greater part of the cities of Greece, where the dead body was crowmed with flowers. At Sparta it was of a purple colour, and the body was furrounded with olive leaves. The body was afterwards laid upon a couch in the en¬ try of the houfe, where it remained till the time of the funeral. At the magnificent obfequies with which Alexander honoured Hepheftion, the body was not burned until the tenth day. The Romans, in the infancy of their empire, paid as little attention to their dead as the Greeks had done. Acilius Aviola having fallen into a lethargic fit, was fuppofed to be dead} he was therefore carried to the funeral pile j the fire was lighted up •, and though he cried out he was ftill alive, he periftied for want of fpeedy affiftance. The praetor Lamia met with the fame fate. Tubero, who had been praetor, was fa- ved from the funeral pile. Afclepiades a phyfician, who lived in the time of Poropey the Great, about one hundred and twenty years before the Chriftian era, returning from his country-houfe, obferved near the walls of Rome a grand convoy and a crowd of people, who were in mourning affifting at a funeral, and ftrowing every exterior fign of the deepeft grief. Having alked what was the occafion of this concourfe, no one made any reply. He therefore approached the pretended dead body \ and imagining that he perceived figns of life in it, he ordered the byftanders to take away the flambeaux, to extinguiftr the fire, and to pull down the funeral pile. A kind of murmur on this a- rofe throughout the whole company. Some laid that they ought to believe the phyfician, while others turn¬ ed both him and his profeffion into ridicule. The rela- 2 tions, however, yielded at length to the remomftrances Interment, of Afclepiades j they confented to defer the obfequies -y——' for a little j and the confequence was, the reftoration of the pretended dead perfon to life. It appears that thefe examples, and ieveral others of the like nature, induced the Romans to delay funerals longer, and to ena£t laws to prevent precipitate interments. At Rome, after allowing a fufficient time for mourn¬ ing, the neareft relation generally doled the eyes of the deceafed ; and the body was bathed with warm water, either to render it fitter for being anointed with oil, or to reanimate the principle of life, which might remain fufpended without manifefting itfelf. Proofs were afterwards made, to difcover whether the perfon was really dead, which were often repeated during the time that the body remained expofed j for there were perfons appointed to vifit the dead, and to prove their fituation. On thefecond day, after the body had been waffied a fecond time, it was anointed with oil and balm. Luxury increafed to fuch a pitch in the choice of foreign perfumes for this purpofe, that under the confullhip of Licinius Craffus and Julius Caffiar, the fenate forbade any perfumes to be ufed except fueh as were the preduftion of Italy. On the third day the body was clothed according to its dignity and con¬ dition. The robe called the praetexta was put upon magiftrates, and a purple robe upon confuls 5 for con¬ querors, who had merited triumphal honours, this robe was of gold tiffue. For other Romans it was white, and black for the'lower clafles of the people. Thefe dreffes were often prepared at a diftance, by the mothers and wives of perfons ftill in life. On the fourth day the body was placed on a couch, and expofed in the veftibule of the houfe, with the vifage turned towards the entrance, and the feet near the door ; in this fituation it remained till the end of the week. Near the couch were lighted wax-tapers, a fmall box in which perfumes were burnt, and a veffel full of water for purification, with which thofe who approached the body befprinkled themfelves. An old man, belonging to thofe who furniffied every thing necelTary for funerals, fat near the deceafed, with feme domeftics clothed in black. On the eighth day the funeral rites were performed j but to prevent the body fre n corrupting before that time, fait, wax, the refi- nous gum of the cedar, myrrh, honey, balm, gyp- fum, lime, afphaltes or bitumen of Judea, and feve- ral other fubftances, were employed. The body was carried to the pile with the face uncovered, unlefs wounds or the nature of the diieafe had rendered it loathfome and difgufting. In fuch a cafe a mafk was ufed, made of a kind of plafter \ which has given rife to the expreffion of funera larvata, ufed in feme of the ancient authors. This was the laft method of concealment which Nero made ufe of, after having cauled Germanicus to be poifoned : for the effect of the poifon had become very fenfible by livid fpots and the blaeknefs of the body ; but a ftiower of rain hap¬ pening to fall, it wafhed the plafter entirely away, and thus the horrid crime of fratricide was difeovered. The Turks have, at all times, been accuflomed t® wafh the bodies of their dead before interment; and as their ablutions are complete, and no part of the body ^efeapes the attention of thofe who affift at fuch melancholy ceremonies, they can eahly perceive whether one I N T r 295 ] X N T Interment, one be really dead or alive, by examining, among '—~Y— other methods of proof, whether thz fphin&er ant has loft its power of contraflion. If this mufcle remains ftill contra&ed, they warm the body, and endeavour to recal it to life j otherwife, after having waftied it with water and foap, they wipe it with linen cloths, walh it again with rofe-water and aromatic fubftances, co¬ ver it with a rich drefs, put upon its head a cap orna¬ mented with flowers, and extend it upon a carpet placed in the veftibule or hall at the entrance of the houfe. In the primitive church the dead were walhed and then anointed ; the body was wrapped up in linen, m* clothed in a drefs of more or lets value according • to circumftances, and it was not interred until after being expofed and kept fome days in the houfe. The cuftom of clothing the dead is preferved in France only for princes and eccleliaftics. In other countries, more or lefs care is taken to pre¬ vent fudden interments. At Geneva, there are people appointed to infpeft all dead bodies. Their duty eon- fifts in examining whether the perfon be rtally dead, and whether one die'd naturally or by violence. In the north, as well as at Genoa, it is ufual not to bury the dead till three days have expired. In Holland, peo¬ ple carry their precautions much farther, and delay the funerals longer. And in England bodies generally re¬ main unburied three or four days. Premature INTERMENT. Notwithftanding the cuf- toms above recited ; ftill, in many places, and on ma¬ ny occafions in all places, too much precipitation at¬ tends this laft office 5 or if not precipitation, a negleft of due precautions in regard to the body. In general, indeed, the moft improper treatment that can be ima¬ gined is adopted, and many a perfon made to defcend into the grave before he has fighed his laft breath. I he hiftories related by Hildanus, by Camerarius, by Hor- fiius, byMacrobius in his Somnium Scipionis, by Plato in his Republic, by Valerius Maximus, and by a great many modern authors, leave us no doubt refpefting the dangers of fuch mifconduft or precipitation. It muft appear aftonilhing that the attention of mankind has been after all lb little roufed by an idea the moft ter¬ rible that can be conceived on this fide of eternity. If nature recoils from the idea of death, with what hor¬ ror muft ffie ftart at the thought of death anticipated, precipitated by inattention—a return of life in darknefs, diftraftion, and defpair—then death repeated under agonies unfpeakable ! To revive nailed up in a coffin ! The brain can fcarce fuftain the refledtion in our cool- eft fafeft moments. According to prefent ufage, as foon as the fem- blance of death appears, the chamber of the fick is defex*ted by friends, relatives, and phyficians 5 and the apparently dead, though frequently living, body, is committed to the management of an ignorant and un¬ feeling nurfe, whofe care extends no farther than lay¬ ing the limbs ftraight, and fecuring her accuftomed perquifites. The bed-clothes are immediately removed, and the body is expofud to the air. This, when cold, muft extinguiffi any fpark of life that may remain, and which, by a different treatment, might have been kindled into flame ; or it may only continue to reprefs it, and the unhappy perfon afterwards revive amidlt the horrors of the tomb. The difference between the, end of a weak life and Interment, the commencement of death, is fo fimall, and the un- ~~~'r certainty of the figns of the latter is fo well eftablilhed both by ancient and modern authors who have turned ^their attention to that important object, that we can fcarcely fuppofe undertakers capable of diftinguiffiing an apparent from a real death. Animals which fleep . during winter fhow no figns of life ; in this cafe, circu¬ lation is only fufpended : but were it annihilated, the vital fpirit does not fo eafily lofe its aflion as the other fluids of the body ; and the principle of life, which long lurvives the appearance of death, may re-animate a body in which the aftion of all the organs feems to be at an end. But how difficult is it to determine whether this principle may not be revived ? It has been found impolnble to recal to life fome animals fuf- focatcd by mephitic vapours, though they appeared lefs afftHed than others who have revived. Coldnefs, heavinefs of the body, a leaden livid colour, with a yellownefs in the vifage, are all very uncertain flgns: Mr Zimmerman obferved them all upon the body of a criminal, who fainted through the dread of that pu- niffiment which he had merited. He was fhaken, drag¬ ged about, and turned in the fame manner as dead bo¬ dies are, without the leaft figns of refiftance ; and yet at the end of 24 hours he was recalled to life by means of volatile alkali. A direflor of the coach-office at Dijon, named Coli- net, was fuppofed to be dead, and the news of this event was fpread through the whole city. One of his friends, who was defirous of feeing him at the moment when he was about to be buried, having looked at him for a confiderable time, thought he perceived fome re¬ mains of fenfibility in the muff les of the face. He therefore made an attempt to bring him to life by fpi- rituous liquors, in which he fucceeded j and this direc¬ tor enjoyed afterwards for a long time that life which he owed to his friend. This remarkable circumftance was much like thofe of Empedocles and Afclepiadesi Thefc inftances would perhaps be more frequent, were men of Ikill and abilities called in cafes of fudden death, in which people of ordinary knowledge are often de¬ ceived by falfe appearances. A man may fall into a fyncope, and may remain in that condition three or even eight days. People in this fituation have been known to come to life when depo- fited among the dead. A boy belonging to the hof- pital at Cafiel appeared to have breathed his laff : he was carried into the hall where the dead were expofed, and was wrapped up in a piece of canvas. Some time after, recovering from his lethargy, he recollected the place in which he had been depofited, and crawling towards the door knocked againft it with his foot. This noife was luckily heard by the eentinel, who foon perceiving the motion of the canvas called for affiffance. The youth was immediately conveyed to a warm bed, and foon perfectly recovered. Had his body been con¬ fined by clofe bandages or ligatures, he would not have been able, in all probability, to make himfelf be heard : his unavailing efforts would have made him again fall into a fyncope, and he would have been thus buried alive. We muft not be aftonilhed that the fervants of an hofpital Ihould take a fyncope for a real death, fince even the moft enlightened people have fallen into errors of I N T f 2 Interment of tKe fame kind. Dr John Schmid relates, that a v«i" y—y0ung gjrl^ feven years of age, after being afflicted for tome weeks with a violent cou^h, was ail of a hidden freed from this troublefome malady, and appeared to be in perfedl health. But fome days after, while play¬ ing with her companions, this child fell down in an in¬ fant as if (truck by lightning. A death-like pale- nefs was diffufed over her face and arms ; (he had no apparent pulfe, her temples were funk, and ffle fflowed no figns of fenfation when fflaken or pinched. A phy- fician, who was called, and who believed her to be dead, in compliance with the repeated and prelhng re- queit of her parents, attempted, though without any hopes, to recal her to life ; and at length, after feveral Vain efforts, he made the foies of her feet be fmartly rubbed with a brufh dipped in rtrong pickle. At the end of three quarters of an hour ffle was obferved to hgh . (lie was then made to fwallow lome fpirituous liquor 5 and ffle was foon after reftored to life, much to the joy of her difconfolate parents.—A certain man having undertaken a journey, in order to fee his bro¬ ther, on his arrival at his houfe found him dead. This news affedted him fo much, that it brought on a mod dreadful fyncope, and he himfelf was fuppofed to be in the like fituation. After the ufual means had been employed to recal him to life, it was agreed that his body fliould be differed, to difcover the caufe of fo fudden a death j but the fuppofed dead perfon over¬ hearing this propofal, opened his eyes, ftarted up, and immediately betook himfelf to his heels.—-Cardinal Dfpinola, prime minifter to Philip II. was not fe for¬ tunate ; for we read in the Memoirs of Amelot de la Houffai, that he put his hand to the knife with w'hich he was opened in order to be embalmed. In (hort, almoft every one knows that Vefalius, the father of anatomy, having been fent for to open a woman fub- jeft to hyfterics, who was fuppofed to be dead, he per¬ ceived, on making the firft incilion, by her motion and cries, that (lie was ftill alive j that this circumftance rendered him fo odious, that he w'as obliged to fly ; and that he was fo much affecled by it, that he died foon after. On this occafion, we cannot forbear to add an event more recent, but no lefs melancholy. The abbe Prevoft, fo well known by his writings and the Angu¬ larities of his life, was feized with a fit of the apoplexy m ffle foreft of Chantilly, on the 23d of Odober 1763. His body was carried to the nearelt village, and the officers of juftice were proceeding to open it, when a cry which he fent forth affrightened all the affiftants and convinced the furgeon that the abbe was not dead • but it was too late to fave him, as he had already re¬ ceived the mortal wound. Even in old age, when life feems to have been gra¬ dually drawing to a clofe, the appearances of death m-e often fallacious. A lady in Cornwall, more than 80 years of age, who had been a confiderable time decli- ning, took to her bed, and in a few days feemingly ex¬ pired m the morning. As ffle had often defired not to be buried till ffle had been two days dead, her requeft was to have been regularly complied with by her rela¬ tions. All that faw her looked upon her as'dead, and the report was current through the whole place; nay a gentleman of the town aftually wrote to his friend in the ifland of Scilly that ffle was deceafed. But one of thofe who were paying the laft kind office of huma- 96 ] I N T I^ond. Chrov. vpl. 'V. mty to tier remains, perceived fome warmth about the Interment, middle of the back ; and acquainting her friends with it, they applied a mirror to her mouth : but, after re¬ peated trials, could not obferve it in the lead ftain- ed 5 her under jaw was likewife fallen, as the common phrafe is j and, in (hort, ffle had every appearance of a dead perfon. All this time (lie had not been dripped or dreffed ; but the windows were opened, as is ufual in the chambers of the dtcealed. In the evening the heat feemed to increafe, and at length Hie was perceived to breathe. In diort, not only the ordinary (igns are very uncer¬ tain, but we may lay the fame of the diffnefs of the limbs, which may be convulfive 5 of the dilation of the pupil of the eye, which may proceed from the fame caufe $ of putrefaction, which may equally attack fome parts of a living body ; and of feveral others. Haller, convinced of the uncertainty of all thefe figns, pro¬ poses a new one, which he confiders as infallible. “ If the perfon (fays he) be dill in life, the mouth will im¬ mediately dmt of itfelf, becaufe the contraction of the mufcles of the jaw will awaken their irritability.” The jaw, however, may be deprived of its irritability though a man may not be dead Life is preferved a long time in the paffage of the intediues. The fign pointed out by Dr Fothergill appears to deferve more attention : If the air blown into the mouth (fays this phyfician) paffes freely through all the alimentary channel, it affords a drong prefumption that the irrita¬ bility of the internal fphin&ers is dedroyed, and con- fequently that life is at an end.” I hefe figns, which deferve to be confirmed by new experiments, are doubt- lefs not known to undertakers. The difficulty of difiinguidiing a perfon apparently dead from one who is really fo, has, in all countries where bodies have been interred too precipitately, ren¬ dered it neceffary for the law to affid humanity. Of feveral regulations made on this fubjeCl, we fflall quote only a few of the mod recent $ fueh as thofe of Arras in 1772 j of Mantua in 1774 j of the grand duke of Tuicany in 1775 j of the fenechauffee of Sivrai, in Poitou, in 1777 j and of the parliament of Metz in the fame year. To give an idea of ffle red, it will be fufficient to relate only that of Tufcany. By this edi£f, the grand duke forbids the precipitate interment of perfons who die fuddmly. He orders the magiftrates of health to be informed, that phyficians and lurgeons may examine ffle body •, that they may uie every en¬ deavour to recal it to life, if poffible, or to difcover the caufe of its death j and that they diall make a report of their procedure to a certain tribunal. On this1 oc¬ cafion, the magidrate of health orders the dead not to be covered until the moment they are about to be bu¬ ried, except fo far as decency requires j obferving al¬ ways that the body be not clofely confined, and that nothing may comprefs the jugular veins and the caro¬ tid arteries. He forbids people to be interred accord¬ ing to the ancient method 5 and requires that the arms and the hands (hould be left extended, and that they diould not be folded or placed crofs-wife upon the bread. He forbids, above all, to prefs the jaws one againd the other j or to fill the mouth and noilrils with cotton, or other duffing. Ladly, he recommends not to cover ffle vifage with any kind of cloth until the body is depofited in its coffin. Wf, TNT C 297 ] I N T Interment We (hall conclude this article by fubjolning, from 11 Dr Hawes’s Addrefs to the Public on this fubjeft, a few ndon° a" ^ie cal'es 1° wbich this fallacious appearance of death ■ . ^ . is moft likely to happen, together with the refpeftive modes of treatment which he recommends. In apopleftic and fainting fits, and in thofe arifing from any violent agitation of mind, and alfo when opium or fpirituous liquors have been taken in too great a quantity, there is reafon to believe that the appearance of death has been frequently miftaken for the reality. In thefe cafes, the means recommended by the Humane Society for the Recovery of Drowned Perfons fhould be perfevered in for feveral hours 5 and bleeding, which in fimilar circumftances has fometimes proved pernicious, (hould be ufed with great caution. (See the article Drowning). In the two latter in- ftances it will be highly expedient, with a view of coun- terafting the foporific effects of opium and fpirits, to convey into the ftomach, by a proper tube, a folution of tartar emetic, and by various other means to excite Vomiting. From the number of children carried off by con* vulfions, and the certainty arifing from undoubted fads, that fome who have in appearance died from that caufe have been recovered ; there is the greateft rea¬ fon for concluding, that many, in confequence of this difeafe, have been prematurely numbered among the dead ; and that the fond parent, by neglecting the means of recalling life, has often been the guiltlefs exe¬ cutioner of her own offspring. To prevent the com- miffion of fuch dreadful miftakes, no child, whofe life has been apparently extinguilhed by convulfions, ftiould be configned to the grave till the means of recovery above recommended in apoplexies, &c. have been tried $ and, if pofiible, under the direction of fome Ikilful prac¬ titioner of medicine, who may vary them as circum¬ ftances (hall require. When fevers arife in weak habits, or when the cure of them has been principally attempted by means of depletion, the confequent debility is often very great, and the patient fometimes finks into a ftate which bears fo clofe an affinity to that of death, that there is reafon to fufpeCt it has too often deceived the byftand- ers, and induced them to fend for the undertaker when they fhould have had recourfe to the fuccours of medi¬ cine. In fuch cafes, volatiles, eau de luce for example, fhould be. applied to the nofe, rubbed on the temples, and fprinkled often about the bed ; hot flannels, moiff- ened with a ftrong folution of camphorated fpirit, may likewife be applied over the breaft, and renewed every quarter of an hour \ and as foon as the patient is able to fwallow, a teafpoonful of the ftrongeft cordial fhould be given every five minutes. 1 he fame methods may alfo be ufed with propriety in the fmallpox when the puftules fink, and death ap¬ parently enlues ; and likewife in any other acute dif- eafes, when the vital functions are fufpended from a li- milar cafe. INTERMITTENT, or Intermitting, Fever; iuch fevers as go off and foon return again, in oppofi- tion to thofe which are continual. See Medicine Index. INTERPOLATION, among critics, denotes a fpunous paffage infcrted into the writings of fome an¬ cient author. Vol. XL Part I. Interpolation, in the modern algebra, is ufed for Interpola- finding an intermediate term of a feries, its place in the feries being given. This method was firit invented by irtenV?^ Mr Briggs, and applied by him to the calculation of tiorr logarithms, &c. See Algebra. u—y—j INTERPOSITION, the fituation of a body be¬ tween two others, fo as to hide them, or prevent their aClion. The eclipfe of the fun is occafioned by an interpofi- tion of the moon between the fun and us j and that of the moon by the interpofition of the earth between the fun and moon. See Eclipse. INTERPRETER, a perfon who explains the thoughts, words, or writings, of fome other, which before were unintelligible.—The word interpret, ac¬ cording to Ifidore, is compofed of the prepofition ?h- ter, and partes, as fignifying a perfon in the middle betwixt two parties, to make them mutually under- Itand each others thoughts : others derive it from in¬ ter, pnes, i. e.fdejujfor; q. d. a perfon who ferves as fecurity between two others who do not underhand one another. There have been great debates about interpreting Scripture. The Romanifts contend, that it belongs ab- folutely to the church : adding, that where fire is fi- lent, reafon may be confulted •, but where Ihe fpeaks, reafon is to be difregarded. The Proteftants generally allow reafon the fovereign judge, or interpreter j though fome among them have a ftrong regard to fynods, and others to the authority of the primitive fathers. Laft- ly, others have recourfe to the Spirit within every per¬ fon to interpret for them ; which is what Bochart calls rg Tryivy.xlag. INTERREGNUM, the time during which the throne is vacant in eleClive kingdoms j for in fuch as are hereditary, like ours, there is no fuch thing as an interregnum. INTERREX, the magiftrate who gov erns during an interregnum. This magiftrate was eftahliihed in old Rome, and was almoft as ancient as the city itfelf: after the death of Romulus there was an interregnum of a year, du¬ ring which the fenators were each interrex in their turn, five days a-piece. After the eftablilhment of confuls and a common¬ wealth, though there were no kings, yet the name and funCHon of interrex was ftill preferved : for, when the- magiftrates wrere abfent, or there w^as any irregularity in their eleCtion, or they had abdicated, fo that the comitia could not be held ; provided they were un¬ willing to create a dictator, they made an interrex, whofe office and authority was to lalt five days 5 after which they made another. To the interrex wras de¬ legated all the regal and confular authority, and he performed all their functions. He affembled the fe- nate, held comitia or courts, and took care that the eleCtion of magiftrates was according to rules. Indeed at firft it was not the cuftom of the interrex to hold comitia, at leaft we have no inftanee of it in the Ro¬ man hiftory. The patricians alone had the right of electing an interrex 5 but this office fell with the repu¬ blic, when the emperors made themfelves mafters of every thing. INTERROGATION, Erotesis, a figure of rhe¬ toric, in which the paffion of the Ipeaker introduces a P p thing 1 N T [298] I N T Interroga- thing by way of queftion, to make its truth more con- * ij1* fpicuous. Interval ^ interrogation is a kind of apoltrophe which the ^.—y—— fpeaker makes to himfelf j and it mull be owned, that this figure is fuited to exprefs moft paffions and emo¬ tions of the mind j it ferves alio to prefs and bear down an adverfary, and generally adds an uncommon brilknefs, addion, force, and variety, to difeourfe. Interrogation, in Grammar, is a point which ferves to diftinguith fuch parts of a difeourfe, where the author (peaks as if he were alking queftions. Its form is this (?). INTERROGATORIES, in Law, are particular queftions demanded of witneffes brought in to be exa¬ mined in a caufe, efpecially in the court of chancery. And thefe interrogatories muft be exhibited by the par¬ ties in fuit on each fide j which are either dire£I for the party that produces them, or counter, on behalf of the adverfe party ; and generally both plaintiff and defend- dant may exhibit direft, and counter or crofs interro¬ gatories. They are to be pertinent, and only to the points neceffary ; and either drawn or perufed by coun¬ sel, and to be figned by them. INTERSCENDENT, in Algebra, is applied to quantities, when the exponents of their powers are ra¬ dical quantities. Thus, x\/1,x\/n, &c. are interfeend- ent quantities. INTERSECTION, in Mathematics, the cutting ©f one line, or plane, by another •, or the point or line wherein two lines, or two planes, cut each other. The mutual interfeftion of two planes is a right line. The centre of a circle is in the interfeftion of two dia¬ meters. The central point of a regular or irregular figure of four fides, is the point of interfeflion of the two diagonals. The equinoxes happen when the fun is in the inter- fedlions of the equator and ecliptic. INTERSPINALES. See Anatomy, Table of the Mufcles. INTERVAL, the diftance or fpace between two extremes, either in time or place. The word comes from the Latin intervallum, which according to Ifidore, fignifies the fpace inter faffam & murum, “ between the ditch and the wall others note, that the ftakes or piles, driven into the ground in the ancient Roman bulwarks, were called valla ; and the interftiees or va¬ cancy between them, intervalla. Interval, in Mujic. The diftance between any given found and another, ftribtly fpeaking, is neither meafured by any common ftandard of extenfion nor duration 5 but either by immediate fenfation, or by computing the difference between the numbers of vi¬ brations produced by two or more fonorous bodies, in the a£t of founding, during the fame given time. As the vibrations are flower and few'er during the fame inftant, for example, the found is proportionally lower or graver ; on the contrary, as during the fame period the vibrations increafe in number and velocity, the founds are proportionably higher or more acute. An interval in muiic, therefore, is properly the difference between the number of vibrations produced by one fo¬ norous body of a certain magnitude and texture, and of thofe produced by another of a different magnitude and texture, in the fame time. Intervals are divided into confonant and diffonant. Aconfonant interval is that whofe extremes, or whofe Interval higheit and loweft founds, when fimullaneoufly heard, !1 coalefce in the ear, and produce an agreeable fenfation inUlSue- called by Lord Kames a tertium quid. A diffonant in¬ terval, on the contrary, is that whofe extremes, fimul- taneouily heard, far from coalefcing in the ear, and producing one agreeable fenfation, are each of them plainly diftinguilhed from the other, produce a grating effedf upon the fenfe, and repel each other with an ir¬ reconcilable hoftility. In proportion as the vibra¬ tions of different fonorous bodies, or of the fame fonor¬ ous body in different modes, more or lefs frequently coincide during the fame given time, the chords are more or lefs confonant. When thefe vibrations never coincide at all in the fame given time, the dilcord is confummate, arid confequently the interval abfolutely diffonant. But for a full account of thefe, fee Mu¬ sic. INTESTATE, in Law, a perfon that dies without making a will. INTESTINA, in the Linncean Sy/lem, one of the orders of worms. See Helminthology Index. INTESTINES, INTESTINA, in Anatomy, the^v/Lr or bowels ; thofe hollow, membranous, cylindrical parts, extended from the right orifice of the ftomach to the anus ; by which the chyle is conveyed to the ladfteals, and the excrements are voided. See Anatomy, N°93- ... IN I ONA1 ION, in Mufc, the aflion of founding the notes in the fcale with the voice, or any other gi¬ ven order of mufical tones. Intonation may be either true or falfe, either too high or too low', either too {harp or too flatand then this word intonation, attend¬ ed with an epithet, muft be underftood concerning the manner of performing the notes. in executing an air, to form the founds, and pre- ferve the intervals as they are marked with juftnefs and accuracy, is no inconfiderable difficulty, and fcarcely pradticable, but by,the afiiftance o{ one com¬ mon idea, to which, as to their ultimate teft, thefe founds and intervals muft be referred : thefe common ideas are thofe of the key, and the mode in which the performer is engaged \ and from the word lone, which is fometimes ufed in a fenfe almoft identical with that of the liey, the word intonation may perhaps be deri¬ ved. It may alio be deduced from the word diatonic, as in that fcale it is moft frequently converfant; a icale which appears moft convenient and moft natural to the voice. We feel more difficulty in our intonation of fuch intervals as are greater or leffer than thofe of the diatonic order ; becaufe, in the firft cafe, the glottis and vocal organs are modified by gradations too large ■, or too complex, in the fecond. INTRENCHMENT, in the military art, any work that fortifies a poll againft an enemy who at¬ tacks. It is generally taken for a ditch or trench with a parapet. Intrenchments are fometimes made of fal- cines with earth thrown over them, of gabions, hogf- heads, or bags filled with earth, to cover the men from the enemy’s fire. INTRIGUE, an aflemblage of events or circum- ftances, occurring in an affair, and perplexing the per- fons concerned in it. In this fenfe, it is uled to fignify the nodus or plot of a play or romance •, or that point wherein the principal charafters are moft embarraffed through I N T Intuitive evidence. Intrigue through the artifice rind oppofition of certain perfons, or the unfortunate falling out of certain accidents and cir- cumftancesi % In tragedy, cotnedy, or an epic poem, there are always two defigns. The firft and principal is that of the hero of the piece : the fecond contains the defigns of all thofe who oppofe han. Tliefe oppofite caufes produce oppofite effects, to wit, the efforts of the hero for the execution of his defign, and the efforts of thofe who thwart it. As thofe caufes and defigns are the be¬ ginning of the action, fo thefe efforts are the middle, and there form a knot or difficulty which wre call the intrigue, that makes the greateft part of the poem. It lafts as long as the mind of the reader Or hearer is fuf- pended about the event of thofe oppofite efforts : the folu tion or cataftrophe commences when the knot be¬ gins to unravel, and the difficulties and doubts begin to clear up. The intrigue of the Iliad is twofold. The firfl com¬ prehends three days fighting m Achilles’s ahfence, and confifts on the one fide in the refiftance of Agamemnon and the Greeks, and on the other in the inexorable temper of Achilles, J he death of Patroelus unravels this intrigue, and makes the beginning of a fecond. Achilles refolves to be revenged* but Hector oppofes his defign \ and this forms the fecond intrigue, which is the laft day’s battle. In the ALneid there are alfo two intrigues. The firft is taken up in the voyage and landing of Aeneas in Italy j the fecond is his eftabliftiment there: the op¬ pofition he met with from Juno in both thefe under¬ takings forms the intrigue. As to the choice of the intrigue, and the manner of unravelling it, it is certain they ought both to fpring naturally from the ground and fubjeft of the poem. Boffu gives us three manners of forming the intrigue of a poem : the firft is that already mentioned ; the fecond is taken from the fable and defign of the poet; in the third the intrigue is fo laid, as that the iolution follows from it of courfe. INTRINSIC, a term applied’to the real and ge¬ nuine values and properties, &e. of any thing, in op¬ pofition to their extrinfic or apparent values. IN I RODUCTION, in general, fignifies any thing which tends to make another in fome meafure known before we have leifure to examine it thoroughly j and hence it Nufed on a great variety of occa4>ns. Thus we fpeak of the introduftion of one perfon to another; the introduction to a book, &c,—It is alfo ufed to fignify the aCtual motion of any body out of one place into another, when that motion has been occafioned by fome other body. Introduction, in Oratory. See Oratory, N° 26. INTUITION, among logicians, the aCt whereby the mind perceives the agreement or difagreement of two ideas, immediately by themfelves, without the intervention of any other ; in which cafe the mind per¬ ceives the truth as the eye does the light, only by be¬ ing direded towards it. See Logic, N° 25, 27. Intuitive evidence, is that which refults from Intuition. Dr Campbell diftinguiffies different forts of intuitive evidence ; one refulting purely from intel- leCtion, or that faculty which others have called intui¬ tion ; another kind arifing from confcioufnefs ; and a third fort from that new--named faculty Common SENSE, r 299 1 I N which this ingenious writer, as well as feveral others, Intuitive contends to be a diftinft original fource of knowledge ; tVK;cncC whilft others refer its fuppofed office to the intuitive invj!tory power of the underftanding. v—Lj INVALID, a perfon w'ounded, maimed, or difabled for aCtion by age. At Chelfea and Greenwich are magnificent HjOSPl- tals, or rather colleges, built for the reception and accommodation of invalids, or foldiers and leamen worn out in the fervice. 1 We h ave alio twenty independent companies of in¬ valids, difperfed in the leveral forts and garrifons. At Paris is a college of the fame kind, called les Inva/ides, which is accounted one of the fineft build¬ ings in that city. INVECTED, in Heraldry, denotes a thing fluted or furrowed. See Heraldry. 1NVEC 1 IVE, in Rhetoric, differs from reproof, as the latter proceeds from a friend, and is intended for the good of the perfon reproved ; whereas the in¬ vective is the work of an enemy, and entirely defigned. to vex and give uneafinefs to the perfon againit whom it is direCted. INVEN ITON, denotes the aCt of finding any thing new, or even the thing thus found. I hus we fay, the invention of gunpowder, of printing, &c. The alcove is a modern invention owing to the Moors» The Doric, Ionic, and Corinthian orders, are of a Greek invention ; the Tufcan and Compofite of Latin invenyon. Janfon ab Almeloveen has written a: O- nomafticon of inventions; wherein are Ihown, in an al¬ phabetical order, the names of the inventors, and the time, place, &c. where they are made. Pancirollus has a treatife of old inventions that are loft, and new ones that have been made; Polydore Virgil ha- alfo publiffied eight books of the inventors of things, De Inventonbus Rerum. Invention is alfo ufed for the finding of a thing hidden. The Romiffi church celebrates a feaft on the 4th of May, under the title of Invention of the Holy Crofs. INVENTION is alfo ufed for fubtility of mind, or fome- wnat peculiar to a man’s genius, which leads him to a difeovery of things new; in which lenfe we fay, a man of invention. Invention, in Painting, is the choice which the painter makes of the objeCts that are to enter the com- pofition of his piece. See PAINTING. Invention, in Poetry, is applied to whatever the poet adds to the hiftory of the lubjeCt he has choien ; as well as to the new turn he gives it. See Poetry. Invention, in Rhetoric, fignifies the finding out and chooiing of certain arguments which the orator is to ufe for the proving or illuftrating his point, moving the paffions or conciliating the minds of his hearers. Invention, according to Cicero, is the principal part of oratory : he wrote four books De Inventione, where¬ of we have but two remaining. See Oratory. INVENTORY, \w Law, a catalogue or fchedule orderly made, of aR the deceafed perfon’s goods and chattels at the time of his death, with their value ap- praifed by different perfons, which every executor or adminiftrator is obliged to exhibit to the ordinary at fuch time as he ffiall appoint. By 21 Hen. VIII. c. v. executors and adminiftrators P p 2 are I N V [ 300 ] I N V Inventory are to deliver in upon oath to the ordinary, indented inventories, one part of which is to remain with the keiihino-. ordinary, and the other part with the executor or ad- ——-y—-L miniftrator ; this is required for the benefit of the cre¬ ditors and legatees, that the executor or adminiftrator may not conceal any part of the perfonal eflate from them. The ftatute ordains, that the inventory /hall be exhibited within three months after the perfon’s de- ceafe ; yet it may be done afterwards; for the ordinary may difpenfe with the time, and even with its being ever exhibited, as in cafes where the creditors are paid, and the will is executed. INVERARY, the county town of Argylefliire, iu Scotland, pleafantly fituated on a fmall bay formed by the junftion of the river Ary with Loch-fine, where the latter is a mile in width and 60 fathoms in depth. Here is a cattle, the principal feat of the dukes of Ar- gyle, chief of the Campbells. It is a modern building of a quadrangular form, with a round tower at each corner 5 and in the middle rifes a fquare one glazed on every fide to give light to the ftaircafe and galleries, which has from without rather a heavy appearance. This cattle is built of a coarfe lapis ollaris brought from the other fide of Loch-fine •, and is of the fame kind with that found in Norway, of which the king of Denmark’s palace is built. The founder of the cattle, the late Duke Archibald, alfo formed the defign of an entire new town, upon a commodious elegant plan, be¬ coming the dignity of the capital of Argylethire, a country molt admirably fituated for fitheries an^ navi¬ gation. The town hath been rebuilt agreeable to the original defign ; and the inhabitants are well lodged in houfes of ttone, lime, and Hate. They are fully em¬ ployed in arts and manufadtures, and plentifully fup- plied in the produce of fea and land.—The planting around Inverary is extenfive beyond conception, and admirably variegated *, every crevice, glen, and moun¬ tain, difplaying tafte and good fenfe. The value of the immenfe wood at this place, for the various purpofes of bark, charcoal, forges, paling, furniture, houfe and (hip building, is thus eftimated by Mr Knox : “ Some of the beech are from 9 to 12 feet in circumference, and the pines from 6 to 9 ; but thefe being comparatively few, we fltall ftate the me¬ dium girth of 2,000,000 trees planted within thefe laft hundred years, at 3 feet, and the medium value at 4s. which produces 400,000!. \ and this, for the moft part, upon grounds unfit for the plough, being chiefly compofed of hills and rock.” One of thefe hills rifes immediately from the houfe a great height, in the form of a pyramid, and is clothed to the fummit with a thick wood of vigorous ornamental trees. On this fummit or point Archibald duke of Argyle built a Gothic tower, or obfervatory, where he fometimes amufed himfelf. The afeent by the road feems to be half a mile, and the perpendicular height about 800 feet. INVERBERVIE, or Bervie, a town of Scotland, in Kincardinelhire or the Mearns, and a royal borough, 13 miles north-eaft from Montrofe. It lies between two fmall hills, which terminate in high cliffs towards the fea ; it is but a fmall place, the inhabitants of which are chiefly employed in making thread. INVERKEITHING, a town of Scotland, in the county of Fife, fituated on the northern (hore of the 1 frith of Forth, in W. Long. 3. 15. N. Lat. 56. 5. It Inver*. vms much favoured by William, who granted its firft keithin^ charter. He extended its liberties confiderably, and jn in the time of David I. it became a royal refidence.1 The Francifcans had a convent in this town ; and, ac¬ cording to Sir Robert Sibbald, the Dominicans had another. The population in 1801 amounted to 2228 ; and they are employed in the herring filhery, the coal, and coafting trade. It has a confiderable trade in coal and other articles. INVERLOCHY, an ancient caftle in the neigh¬ bourhood of Fort-William in Invernefslhire. It is adorned with large round towers j and, by the mode of building, feems to have been the work of the Englifli in the time of Edward I. who laid large fines on the Scotch barons for the purpofe of ere&ing new cattles. The largeft of thefe towers is called Cumiti’s. But long prior to thefe ruins, Inverlochy, according to Boece, had been a place of great note, a moft opulent city, remarkable for the vaft refort of French and Spa¬ niards, probably on account of trade. It was alfo a feat of the kings of Scotland, for here Achaius in the year 790 figned (as is reported) the league offenfive and defenfive between himfelf and Charlemagne. In after-times it was utterly deftroyed by the Danes, and never again reftored. In the neighbourhood of this place were fought two fierce battles, one between Donald Balloch brother to Alexander lord of the Ifles, who with a great power invaded Lochaber in the year 1427 : he was met by the earls of Mar and Caithnefs; the laft was flain, and their forces totally defeated. Balloch returned to the ifles with vaft booty. Here alfo the Campbells under the marquis of Argyle, were in February 1645, de¬ feated by Montrofe. Fifteen hundred fell in the atlion and in the purfuit, with the lofs only of three to the royalifts. INVERNESS, capital of a county of the fame name in Scotland, is a parliament-town, finely feated on the river Nefs, over which there is a ftone bridge of feven arches, in W. Long. 4. N. Lat. 57. 36. It is large, well built, and very populous, being the moft northerly town of any note in Britain. As there are always regular troops in its neighbourhood, there is a* great air of politenefs, a plentiful market, and more money and bufinefs ftirring than could have been expe£t> ed in fuch a remote part of the ifland. The country in the neighbourhood is remarkably well cultivated ; and its produce clearly (hows that the foil and climate are not defpieable. The falmon-fiihery in the Nefs is very confiderable, and is let to London fifhmongers. Some branches both of the woollen, linen, and hemp manu¬ facture, are alfo carried on here •, and, in confequence of the excellent military roads, there is a great propor¬ tion of inland trade. But befides all this, Invernefs is a port with 20 creeks dependent upon it, part on the Murray frith to the eaft, and part on the north of the town, reaching even the fouth border of the county of Caithnefs. Invernefs has feveral good fchools 5 and an academy was ereCted feme years ago on an extenfive and liberal plan. The inhabitants fpeak the Erfe and Englifli language promifeuoufly. On an eminence near the town are the remains of a caftle, where, according to fome hiftorians, the famous Macbeth murdered Duncan his royal gueft. Inverness- Shir^ I N V [ 301 3 I N V Invernefs- /NVERNESS-S/iire, a county of Scotland, bounded on the north by Rofsfhire j on the eafl by the {hires of Nairne, Murray, and Aberdeen 5 on the fouth, by thofe of Perth and Argyle ; and on the 'weft, by the Atlantic ocean. Its extent from north to fouth is above 50 miles j from call to weft about 80.—The northern part of this county is very mountainous and barren. In the diftrift of Glenelg are feen the ruins of feveral ancient circular buildings, fimilar to thofe in the Weftern Ifles, Sutherland, and Rofs-lhire ; con¬ cerning the ufes of which antiquarians are not agreed. In their outward appearance, they are round and ta¬ pering like glafs-houfes. In the heart of the wall, which is perpendicular within, there are horizontal galleries going quite round and connefled by flairs. Thefe afcend toward the top, which is open. They are all built of ftone, without lime or mortar of any kind. They have no opening outward, except the doors and the top 5 but there are feveral in the infide, as windows to the galleries. From Bernera barracks, in this diftricf, proceeds the military road to Inver¬ nefs. This county is nearly divided by water, fo that by means of the Caledonian canal uniting Loch Nefs, Loch Oich, Loch Lochy, and Lochiel or Loch Eil, a communication will be opened between the eaftern and weftern feas. This great undertaking is now (1807) going forward. In this tradl, Fort George, Fort Auguftus, and Fort William, form what is call¬ ed the Chain of Forts acrofs the iiland. By means of Fort George on the eaft, all entrance up the frith towards Invernefs is prevented j Fort Auguftus curbs the inhabitants midway ; and Fort William is a check to any attempts in the weft. Detachments are made from all thefe garrifons to Invernefs, Bernera barracks oppofite to the ifle of Skye, and Caftle Duart in the ifle of Mull. The river Nefs, upon which the capital of the Ihire is fttuated, is the outlet of the great lake called I^och Nefs. This beautiful lake is 22 miles in length, and for the moft part one in breadth. It is Ikreened on the north-weft by the lofty mountains of Urquhart and Mealfourvony, and bordered with coppices of birch and oak. The adjacent hills are adorned with many extenfive forefts of pine } which afford Ihelter to the cattle, and are the retreat of flags and deer. There is much cultivation and improvements on the banks of Loch Nefs ; and the pafture-grounds in the neighbour¬ ing valleys are excellent.—From the fouth, the river Fyers cfeicends towards this lake. Over this river there is built a ftupendous bridge, on two oppofite rocks; the top of the arch is above 100 feet from the level of the water. A little below the bridge is the celebrated Fall of Fyers, where a great body of water darts through a narrow gap between two rocks, then falls over a vaft precipice into the bottom of the chafm, where the foam rifes and fills the air like a great cloud of fmoke. Loch Oich is a narrow lake, ftretching about four miles from eaft to weft. It is adorned with fome fmall wooded iftands, and is (urrounded with ancient trees. Near this is the family feat ' copies, conclude that Joel prophefied before Amos, who was contemporary with Uzziah, king of Judah. Arch- biftiop Uffier makes this inference from Joel’s foretelling that drought, chap. iv. 7, 8, 9. If we confider the main defign of Joel’s prophecy, we (hall be apt to conclude, that it was uttered after the captivity of the ten tribes j for he directs his dilcourfe only to Judah, and fpeaks diftinctly of the facrifices and oblations that were daily made in the temple. JOGHIS, a feci of heathen religious in the Eaft In¬ dies, who never marry, nor hold any thing in private property ; but live on alms, and pradtife ftrange feveri- ties on themfelves. They are fabject to a general, who fends them from one country to another to preach. They are, properly, a kind of penitent pilgrims ; and are luppofed to be a branch of the ancient Gymnofophifts. They frequent, principally, fuch places as are con- fecrated by the devotion of the people, and pretend to live feveral days together without eating or drinking. After having gone through a courfe of difeipline for a certain time, they look on themfelves as impeccable, and privileged to do any thing j upon which they give a loofe to their paffions, and run into all manner of de¬ bauchery. JOGUES, or Yoogs, certain ages, eras, or periods, of extraordinary length, in the chronology of the Hin¬ doos. They are four in number ; of which the follow¬ ing is an account, extrafted from Halhed’s Preface to the Code of Gentoo Laws, p. xxxvi. 1. The Suttee Jogue (or age of purity) isfaid to have lafted three million two hundred thoufand years 5 and they hold that the life of man was extended in that age to one hundred thoufand years, and that his ftature was 21 cubits. 2. The Tirtah Jogue (in which one-third of mankind was corrupted) they fuppofe to have confifted of two million four hundred thoufand years, and men lived to the age of ten thoufand years. 3. The Dwcipaar Jogue (in which half of the human race became depraved) endured one million fix hundred thoufand years, and the life of man was then reduced to a thoufand years. 4. The Collee Jogue (in which all mankind are cor¬ rupted, or rather leffened, for that is the true meaning of Collee') is the prefent era, which they fuppofe ordained to fubfift four hundred thoufand years, of which near five thoufand are already paft 5 and the life of man in that period is limited to one hundred years. Concerning the Indian chronology, we have already had occafion to be pretty copious; fee Hindoos, N° 19, 22. We {hall here, however, fubjoin Dr Robertfon’s obfervations on the above periods, from the Notes to his Hiflorical Difquifuion concerning India. “ If (fays he *) we fuppofe the computation of time* p. 3e JOHN XXII. a native of Cahors, before called James d'Ertfe, was well fkilled in the civil and canon law; and was eledled pope after the death of Clement V. on the 7th of Auguft 1316. He publifhed the confti- tutions called Clementines, which -were made by his predeceflbr ; and drew up the other conftitutions called Extravagar.tes. Lewis of Bavaria being elected empe¬ ror, John XXII. oppofed him in favour of his compe¬ titor 5 which made much noife, and was attended with fatal confequences. That prince, in 1320, caufed the antipope Peter de> Corbiero, a cordelier, to be elefted, who took the name of Nicholas V. and was fupported by Michael de Cefenne, general of his order 7 but that antipope was the following year taken, and carried to Avignon, where he begged pardon of the pope with a rope about his neck, and died in prifon two or three years after. Under this pope arofe the famous queftion among the cordeliers, called the bread of the cordeliers; which was, Whether thofe monks had the property of the things given them, at the time they were making ufe of them t1 for example, Whether the bread belong¬ ed to them when they were eating it, or to the pope, or to the Roman church ? This frivolous queftion gave great employment to the pope j as well as thofe which turned upon the colour, form, and fluff, of their habits, whether they ought to be white, gray, or black j whe¬ ther the cowl ought to be pointed or round, large or fmall 5 whether their robes ought to be full, ftiort, or long \ of cloth, or of ferge, &c. The difputes on all thefe minute trifles were carried fo far between the mi¬ nor brothers, that feme of them were burned upon the occafion. He died at Avignon in 1334, aged 90. John, king of England. See England, N0 135, 147. John of Fordoun. See Fordoun. JOHN of Gaunt, duke of Lancafter, a renowned ge¬ neral, father of Henry IV. king of England, died in 1438. JOHN of Leyden, otherwife called Buccold. See A- NABAPTISTS. JOHN Sobiejhi of Poland, one of the greateft warriors in the 17th century, was, in 1665, made grand-marlhal of the crown j and, in 1667, grand-general of the kingdom. His vi&ories obtained over the Tartars and the Turks procured him the crown, to which he was elefted in 1674. He was an encourager of arts and fciences, and the prote&or of learned men. He died in 1696, aged 72. St John's Day, the name of two Chriftian feftivals 5 one obferved on June 24th, kept in commemoration of the wonderful circumflances attending the birth of John the Baptift ; and the other on December 27. in honour of St John the Evangelift. St John's Wbrt. See Hypericum, Botany Index. John’s, St, an ifland of the Eaft Indies, and one of the Philippines, eaft of Mindanao, from which it is feparated by a narrow ftrait. E. Long. 125. 25. N. Lat. 7. o. John’s, St, an ifland of North America, in the bay 4 of St Lawrence, having New Scotland on the Imth and weft, and Cape Breton On the eaft. The Brkuh got poffetiion of it when Louiibourg was fw:rendered to them, on July 26. 1738. JOHNSON, Ben, one of the muft confiderable dramatic poets of the laft age, whether we confider the number or the merit of his productions. He was born at Weftminfter in 1574, and was educated at the public fchool there under ihe great Camden. He was defeended from a Scottifh family ; and his father, who loft his eftate under Queen Mary, dying before our poet was born, and his mother marrying a brick¬ layer for her fecond hufband, Ben W’as taken from fchool to work at his father-in-law’s trade. Not be¬ ing captivated with this employment, he went into the Low Countries, and diftinguifhed himfelf in a mi¬ litary capacity. On his return to England, he entered himfelf at St John’s college, Cambridge 5 and having killed a perfon in a duel, was condemned, and narrow¬ ly efcaped execution. After this he turned adlor $ and Shakelpeare is laid to have firft introduced him to the world, by recommending a play of his to the ftage, after it had been rejected. His Alchymift gained him fuch reputation, that in 1619 he was, at the death of Mr Daniel, made poet-laureat to King James I. and mafter of arts at Oxford. As w^e do not find John- fon’s economical virtues anywhere recorded, it is the leis to be w'ondered at, that after this we find him pe¬ titioning King Charles, on his acceflion, to enlarge hig. father’s allowance of 100 merks into pounds j and quickly after we learn that he was very poor and fick, lodging in an obfeure alley j on which occafion it was, that Charles, being prevailed on in his favour, fent him ten guineas j which Ben receiving faid, “ His majefty has fent me ten guineas, beeaufe I am poor, and live in an alley ; go and tell him, that his foul lives in an alley.” He died in Auguft 1637, aged 63 years, and was buried in Weftminfter-Abbey.—The moft com¬ plete edition of his works was printed in 1756, in 7 vols 8vo. Johnson, Dr Samuel, who has been ftyled the brighteft ornament of the 18th century, was born in the city of Litchfield in Staffordflure, on the 18th of September N. S. 1709. His father Michael wras a bookfeller $ and muft have had fome reputation in the city, as he more than once bore the office of chief magiftrate. By what cafuiftical reafoning he reconciled his confcience to the oaths required to be taken by all who occupy fuch ftations, cannot now be known j but it is certain that he was zealoufly attached to the exiled family, and inftilled the fame principles into the youth¬ ful mind of his fon. So much was he in earneft in this work, and at fo early a period did he commence it,'that when Dr Sacheverel, in his memorable tour through England, came to Litchfield, Mr Johnfon carried his fon, not then quite three years old, to the cathedral, and placed him on his Iheulders, that he might lee as well as hear the far-famed preacher. But political prejudices were not the only bad things which young Sam inherited from his father : he de¬ rived from the fame fource a morbid melancholy, which, though it neither depreffed his imagination, nor cloud¬ ed his perfpicuity, filled him with dreadful apprehen- fions of infanity, and rendered him wretched through John’s, Johniun. J O H [ 307 ] J O H Jofinfou. life. From his nurfe he contraded the fcrofula or v——king’s evil, which made its appearance at a very early period, disfigured a face naturally well-formed, and deprived him of the fight of one of his eyes. When arrived at a proper age for grammatical in- ftrudion, he was placed in the free fchool of Litchfield, of which one Mr Hunter was then mailer \ a man whom his illuftrious pupil thought “ very fevere, and wrong-headedly fevere,” becaufe he would beat a boy for not anfwering queflions which he could not expe£t to be afked. He was, however, a fkilful teacher j and Johnfon, when he flood in the very front of learning, was fenfible how much he owed to him ; for upon be¬ ing afked how he had acquired fo accurate a knowledge of the Latin tongue, he replied, “ My mader beat me very well j without that^ Sir, I fhould have done nothing.” At the age of 15 Johnfon was removed from Litch¬ field to the fchool of Stourbridge in Worceflerfhire, at which he remained little more than a year, and then returned home, where he flaid two years without any fettled plan of life or any regular courfe of fludy. He read, however, a great deal in a defultory manner, as chance threw books in his way, and as inclination di- refted him through them ; fo that when in his 19th year he was entered a commoner of Pembroke college, Oxford, his mind was ftored with a variety of fuch knowledge as is not often acquired in univerfities, where boys feldom read any books but what are put into their hands by their tutors. He had given very early proofs of his poetical genius both in his fchool exercifes and in other occaflonal compofitions : but what is perhaps more remarkable, as it fliows that he muft have thought much on a fubjeft on which other boys of that age feldom think at all, he had before he was 14 entertained doubts of the truth of revelation. From the melancholy of his temper thefe would naturally prey upon his fpirits, and give him great uneafinefs : but they were happily removed by a proper courfe of reading j for “ his ftudies being honeft, ended in con- viftion. He found that religion is true; and what he had learned, he ever afterwards endeavoured to teach.” Concerning his refidence in the univerfity and the means by which he was there fupported, his two prin¬ cipal biographers contradict each other ; fo that thefe are points of which we cannot write with certaintv. According to Sir John Hawkins, the time of his con¬ tinuance at Oxford is divifible into two periods : Mr Bofwell reprefents it as only one period, with the ufual interval of a long vacation. Sir John fays, that he V'as fupported at college by Mr Andrew Corbet in quality of afiiltant in the (ludies of his fon : Mr Bof¬ well affures us, that though he was promifed pecuniary aid by Mr Corbet, that promife was not in any de¬ gree fulfilled. We fhould be inclined to adopt the knight’s account of this tranfa&ion, were it not pal¬ pably inconfiftent with itsfelf. He fays, that the tw-o young men were entered in Pembroke on the fame day ; that Corbet continued in the college two years ; and yet that Johnfon uras driven home in little more than one year, becaufe by the removal of Corbet he was deprived of his penfion. A flory, of which one part contradi&s the other, cannot wholly be true. Sir John adds, that “ meeting with another fource, the Johsfos. bounty, as it is fuppofed, of fome one or more of the l—-*v— members of the cathedral of Litchfield, he returned to college, and made up the whole of his refidence in the univerfity about three years.” Mr Bofwell has told us nothing but that Johnfon, though his father was unable to fupport him, continued three years in college, and was then driven from it by extreme poverty. Thefe gentlemen differ likewife in their accounts of Johnfon’s tutors. Sir John Hawkins fays that he had two, Mr Jordan and Dr Adams. Mr Bofwell affirms that Dr Adams could not be his tutor, becaufe Jordan did not quit the college till 1731 ; the year in the au¬ tumn of which Johnfon himfelf was compelled to leave Oxford. Yet the fame author reprefents Dr Adams as faying, “ I was Johnfon’s nominal tutor, but he was above my mark a fpeech of which it is not eafy to difeover the meaning, if it was not Johnfon’s duty to attend Adams’s lectures. In moft colleges w'e believe there are two tutors in different departments of educa¬ tion ; and therefore it is not improbable that Jordan and Adams may have been tutors to Johnfon at the fame time, the one in languages, the other in feience. Jordan was a man of fuch mean abilities, that though his pupil loved him for the goodnefs of his heart, he would often rifk the payment of a fmall fine, rather than attend his leflures; nor was he fludious to conceal the reafon of his abfence. Upon occafion of one fuch im- pofition, he faid, “ Sir, you have fconced me twopence for non-attendance at a ledlure not worth a penny.” For fome tranfgreffion or abfence his tutor impofed upon him as a Chriftmas exercife the talk of tranllating into Latin verfe Pope’s Mejjiah ; which being fliown to the author of the original, was read and returned w ith this encomium, “ The writer of this poem will leave it a quellion for poflerity, whether his or mine be the ori¬ ginal.” The particular courfe of his reading while in college, and during the vacation w hich he pa {fed at home, cannot be traced. That at this period he read much, we have his own evidence in what he afterwards told the king ; but his mode of ftudy was never regu¬ lar, and at ail times he thought more than he read. He informed Pvlr Bofwell, that what he read folidly at Oxford was Greek, and that the lludy of which he was moft fond was metaphyfics. It was in the year 1731 that Johnfon left the univer¬ fity without a degree ; and as his father, who died in the month of December of that year, had fuffered great misfortunes in trade, he was driven out a commoner of nature, and excluded from the regular modes of profit and profperity. Having therefore not only a profeffion but the means of fubfiftence to leek, he accepted, in the month of March 1732, an invitation to the office of under-mafter of a free fchool at Market Bofworth in Leicefterftnre : but not knowing, as he faid, whether it was more difagreeable for him to teach or for the boys to learn the grammar-rules, and being likewife difguft- ed at the treatment which he received from the patron of the fchool, he relinquilhed in a few months a fitua- tion which he ever afterw'ards recolledled with horror. Being thus again without any fixed employment, arid with very little money in his pocket, he tranllated Lo¬ be’s voyage to Abyffinia, for the trifling fum, it is far'd, of five guineas, which he received from a bookfeller in Q ft 2 Birmingham* J O H [ 3^8 ] J O H Johnfon. Birmingham. This was the firft attempt which it is certain he, made to procure pecuniary afliftance by means of his pen j and it muft have held forth very little encouragement to his commencing author by pro- felhon. In 1735, being then in his 26th year, he married Mrs Porter, the widow of a mercer in Birmingham j whofe age was almoft double his 5 whofe external form, according to Garrick and others, had never been cap¬ tivating*, and whofe fortune amounted to hardly 800I. That the had a fuperiority of underftanding and talents is extremely probable, both becaafe fhe certainly in- fpired him with a more than ordinary paflion, and be- caufe Hie was herfelf fo delighted with the charms of his converiation as to overlook his external diladvanta- ges, which were many and great. He now fet up a private academy ; for which purpofe he hired a large houfe well fituated near his native city : but his name having then nothing of that celebrity which afterwards commanded the attention and refpeft of mankind, this undertaking did not fucceed. 1 he only pupils who are known to have been placed under his care, were the celebrated David Garrick, his brother George Gar¬ rick, and a young gentleman of fortune whofe name was Offely. He kept his academy only a year and a half} and it was during that time that he conftrucled the plan and wrote a great part of his tragedy of Irene. The refpeflable chara£ler of his parents and his own merit had fecured him a kind reception in the beft families at Litchfield ; and he was particularly diftin- guilhed by Mr Walmfley regifter of the ecclefiaftical court, a man of great worth and of very extenfive and various erudition. That gentleman, upon hearing part of Irene read, thought fo highly of Johnfon’s abilities as a dramatic writer, that he advifed him by all means to finilh the tragedy and produce it on the ft age. To men of genius the ftage holds forth temptations almoft: refiftlefs. The profits arifing from a tragedy, including the reprefentation and printing of it, and the connec¬ tions which it fometimes enables the author to form, were in John Ton’s imagination ineftimable. Flattered, it may be fuppofed, with thefe hopes, he fet out feme time in the year 1737 with his pupil David Garrick for London, leaving Mrs Johnfon to take care of the houfe and the wreck of her fortune. The two adven¬ turers carried with them from Mr Walmfley an earneft recommendation to the reverend Mr Colfon, then maf- ter of an academy, and afterwards Lucafian profeffor of mathematics in the univerfity of Cambridge ; but from that gentleman it does not appear that Johnfon found either protection or encouragement. How he fpent his time upon his firfl: going to Lon¬ don is not particularly known. His tragedy was refu- fed by the managers of that day 5 and for fome years the Gentleman’s Magazine feems to have been his prin¬ cipal refource for employment and fupport. To enu¬ merate his various communications to that far-famed mifcellany, would extend this article beyond the limits which we can afford. Suffice it to fay, that his con¬ nexion with Cave the proprietor became very clofe ; that he "wrote prefaces, effays, reviews of books, and poems j and that he was occafionally employed in cor- xefling the papers written by other correfpondents. 2 When the complaints of the nation againfl; the admini- Johnfot.. ftration of Sir Robert Walpole became loud, and a mo- v—■■ tion was made, February 13. 1740-1, to remove him from his majefty’s counfels for ever, Johnfon was pitch¬ ed upon by Cave to write what was in the Magazine in titled Debates in the Senate of Lilliput, but was under- ftood to be the fpeeches of the moft eminent members in both houfes of parliament. Thefe orations, which induced Voltaire to compare Britifn with ancient elo¬ quence, were haftily Iketched by Johnfon wrhile he was not yet 32 years old, while he was little acquainted vdth life, while he was ftruggling, not for diftinXion but for exiftence. Perhaps in none of his writings has he given a more confpicuous proof of a mind prompt and vigorous almoft beyond conception : for they were compofed from fcanty notes taken by illiterate perfons employed to attend in both houfes \ and fometimes he had nothing communicated to him but the names of the fever a 1 fpeakers, and the part which they took in the debate. His feparate publications which at this time attraXed the greateft notice were, “ London, a Poem in imita¬ tion of Juvenal’s third Satire $” “ Marmor Norfolcienfe, or an Effay on an ancient prophetical Inicription in Monkilh Rhyme, lately difeovered near Lynne in Nor¬ folk j” and “ A complete Vindication of the Licenfers of the Stage from the malicious and fcandalous afper- fions of Mr Brook author of Guftavus Vafa.” The poem, which was publifhed in 173^ by Dodfley, is uni- verfally known and admired as the moft fpiritea inftance in the Englifti language of ancient lentiments adapted to modern topics. Pope, who then filled the poetical throne without a rival, being informed that the author’s name was Johnfon, and that he was an obfeure perfon, replied, “ he will foon be Merrey The other two pamphlets, which were publiftted in 1739, are filled with keen fatire on the government: and though Sir John Hawkins has thought fit to declare that they dif- play neither learning nor wit, Pope was of a different opinion ; for in a note of his preterved by Mr Bofwell, he fayjs, that “ the whole of the Norfolk prophecy is very humorous.” Mrs Johnfon, who went to London foon after her hufband, now lived fometimes in one place and fome¬ times in another, fometimes in the city and fometimes at Greenwich : but Johnfon himfelf was oftener to be found at St John’s Gate, where the Gentleman’s Ma¬ gazine was publiftied, than in his own lodgings. It was' there that he became acquainted with Savage, with whom he was induced, probably by the fimilarity of their circumftanees, to contraX a very clofe friend- ftiip ; and fueh were their extreme neceffities, that they have often wandered whole nights in the icreet for want of money to procure them a lodging. In one of thefe noXurnal rambles, when their diftrefs was al¬ moft incredible, fo far were they from being depreffed by their fituation, that in high fpirits and brimful or patriot! fm, they tr aver fed St James’s Square for ie- veral hours*, inveighed againft the minifter *, and, as Johnfon faid in ridicule oi himfelf, his companion, and all fuch patriots, “ refolved that they would ftand by their country !” In 1744* publifhed the life of his unfortunate companion 5 a work which, had he never written any thing elfe, would have placed him very J O H [ 309 ] J O H Johnion. high in the rank of authors (a). His narrative is re- markably fmooth and well difpofed, his obfervations are juft, and his refledtions difclofe the inmoft receffes of the human heart. In 1749, when Drury-lane theatre was opened un¬ der the management of Garrick, Johnfon wrote a pro¬ logue for the occafion 5 which for juft dramatic criti- cifm on the whole range of the Englifti ftage, as well as for poetical exellence, is confeffedly unrivalled. But this year is, in his life, diftinguifhed as the epoch when his arduous and important work, the Diftionary of the Englilh Language, was announced to the world by the publication of its plan or profpedtus, addreffed to the earl of Chefterfield. From that nobleman Johnfon was certainly led to expeft patronage and encouragement; and it feems to be equally certain that his lordihip ex- pedted, when the book ftiould be publifhed, to be ho¬ noured with the dedication. The expedtations of both were difappointed. Lord Chefterheld, after feeing the lexicographer once or twice, fuffered him to be repul- fed from his Moor : but afterwards thinking to con¬ ciliate him when the work was upon the eve of publi¬ cation, he wrote two papers in “ The World,” warmly recommending it to the public. This artifice was feen through; and Johnfon, in very polite language, rejec¬ ted his lordlhip’s advances, letting him know, that he was unwilling the public ftiould confider him as owing to a patron that which Providence had enabled him to do for himlelf. This great and laborious work its au¬ thor expedted to complete in three years : but he was certainly employed upon it feven *, for we know that it was begun in'1747, and the laft ftieet was fent to the prefs in the end of the year 1754. When we confider the nature of the undertaking, it is indeed aftonifhing that it was finifhed fo foon, fince it w as writ¬ ten, as he fays, “ with little afliftance of the learned, and without any patronage of the great; not in the foft obfcurities of retirement, or under the ftielter of academic bowers, but amidft inconvenience and dif- tradlion, in ficknefs and in forrow.” The forrow', to which he here alludes, is probably that which he felt for the lofs of his wife, who died on the 17th of March O. S. 1752, the lofs of whom he continued to lament as long as he lived. The Didtionary did not occupy his whole time : for while he was puftu’ng it forward, he fitted his tra¬ gedy for the ftage; wrote the lives of feveral eminent men for the Gentleman’s Magazine ; publifhed an Imi¬ tation of the 10th Satire of Juvenal, entitled “ The Vanity of human Wifliesand began and finifhed “ The Rambler.” This laft work is fo well-known, that it is hardly neceffary to fay that it was a periodi¬ cal paper, publifhed twice a-week, from the 2Cth of March 1750 to the 14th of March 1752 inclufive : but to give our readers fome notion of the vigour and promp¬ titude ef the author’s mind, it may not be improper to obferve, that notwithftanding the feverity of his other labours, all the afliftance which he received does not amount to five papers ; and that many of the moft maf- Johnfoa. terly of thofe unequalled effays were written on the fpur •* of the cctaSon, and never feen entire by the author till they returned to him from the prefs. Soon after the Rambler was concluded, Dr Hawkef- worth projedted “ The Adventurer” upon a fimilar plan ; and by the afliftance of friends he was enabled to carry it on with almoft equal merit. ’For a fhort time, indeed, it was the moft popular work of the two $ and the papers with the fignature T, which are con¬ feffedly the moft fplendid in the whole colledlion, are now known to have been communicated by Johnfon, who received for each the fum of two guineas. This was double the price for which he fold fermons to fuch clergymen as either would not or could not compofe their own difcourfes ; and of fermon-writing he feems to have made a kind of trade. Though he had exhaufted, during the time that he was employed on the Didtionary, more than the fum for which the bookfellers had bargained for the copy j yet by means of the Rambler, Adventurer, fermons, and other produdtions of his pen, he now found himfelf in greater affluence than he had ever been before; and as the powers of his mind, diftended by long and fevers exercife, required relaxation to reftore them to their proper tone, he appears to have done little or nothing from the clofing of the Adventurer till the year 1756, when he fubmitted to the office of reviewer in the Lite¬ rary Magazine. Of his reviews by far the moft valuable is that of Soame Jennyns’s “ Free Inquiry into the Na¬ ture and Origin of Evil.” Never were wit and meta- phyfical acutenefs more clofely united than in that criti- cifm, which expofes the weaknef; and holds up to con¬ tempt the reafonings of thofe vain mortals, who prefump- tuoufly attempt to grafp the fcale of exiftence, and to form plans of condudt for the Creator of the univerfe. But the furnifhing of magazines, reviews, and even newfpapers with literary intelligence, and authors of books with dedications and prefaces, was confidered as an employment unworthy of Johnfon. It was therefore propofed by the bookfellers that he fhould give a new edition of the dramas of Shakefpeare $ a work which he had projected many years before, and of which he had publifhed a fpecimen which was commended by Warburton. When one of his friends expreffed a hope that this employjnent would furnifh him with amufe- ment and add to his fame, he replied, “ I look upon it as I did upon the Dictionary •, it is all work j and my inducement to it is not love or defire of fame, but the want of money, which is the only motive to writing that I know of.” He iffued propofals, however, of confiderable length ; in which he fhowed that he knew perfectly what a variety of refearch fuch an undertaking required : but his indolence prevented him from pur- fuing it with diligence, and it was not publifhed till many years afterwards. On the 15th of April 1758 he began a new periodi¬ cal paper entitled “ The Idler,” which came out every Saturday ^ (a) From the merit of this work Mr Bofwell has endeavoured to detraCt, by infinuating, that the perfon called Richard Savage was an impoftor, and not the fon of the'-earl of Rivers and the countefs of Macclesfield. The moral character of Savage was undoubtedly unworthy of fuch a biographer ; and it may be fairly queftioned whe¬ ther his intellectual or poetical character at ailentitled him to fuch refpeCtable notice. J O H [ 310 ] J O H Johnfon. Saturday in a weekly newfpaper, called “ the Univer- ' ' fal Chronicle, or Weekly Gazette,” publilhed by New¬ berry. Of thefe effays, which were continued till the 5th of April 1760, many were written as haftily as an ordinary letter ; and one in particular compofed at Oxford was begun only half an hour before the de¬ parture of the poll which carried it to London. About this time he had the offer of a living, of which he might have rendered himfelf capable by entering into orders. It was a re&ory in a pleafant country, of fuch yearly value as would have been an obje£l to one in much better circumftances j but fenfible, as it is fuppofed, of the afperity of his temper, he declined it, faying, “ I have not the requifites for the office, and I cannot in my eonfcience (hear the flock which I am un¬ able to feed.” In the month of January 1759 his mother died at the great age of 90 j an event which deeply affe&ed him, and gave birth to the 41ft Idler, in which he la¬ ments, that “ the life which made his own life pleafant was at an end, and that the gate of death was fhut up¬ on his profpedts.” Soon afterwards he wrote his “ Raf- felas Prince of Abyffinia •, that with the profits he might -defray the expence of his mother’s funeral, and pay fome debts which {he had left. He told a friend, that he received for the copy 100I. and 25I. more when it came to a fecond edition ; that he wrote it in the evenings of one week, fent it to the prefs in por¬ tions as it was written, and had never fince read it over. Hitherto, notwithftanding his various publications, he was poor, and obliged to provide by his labour for the wants of the day that was paffing over him $ but having been early in 1762 reprefented to the king as a very learned and good man without any certain pro- vifion, his majefty was pleafed to grant him a penfion, which Lord Bute, then firlt minifter, affured him “ was not given for any thing which he was to do, but for what he had already doneN A fixed annuity of three hundred pounds, if it diminifhed his diftrefs, increafed his indolence 5 for as he conftantly avowed that he had no other motive for writing than to gain money, as he had now what was abundantly fufficient for all his pur- pofes, as he delighted in converfation, and was vifited and admired by the witty, the elegant, and the learn¬ ed, very little of his time was pafi: in folitary ftudy. Solitude was indeed his averfion \ and that he might avoid it as much as poffible, Sir Jofhua Reynolds and he, in 1764, inftituted a club, which exifted long with¬ out a name, but was afterwards known by the title of the Literary Club. It confifted of fome of the moft en- -lightened men of the age, who met at the Turk’s Head in Gerard-ftreet, Soho, one evening in every week at feven, and till a late hour enjoyed “ the feaft of reafon and the flow of foul.” In 1765, when Johnfon was more than ufually op- preffed with conftitutional melancholy, he was fortu¬ nately introduced into the family of Mr Thrale, one of the moft eminent brewers in England, and member of parliament for the borough of Southwark : and it is but juftice to acknowledge, that to the affiftance which Mr and Mrs Thrale gave him, to the fhelter which their houfe afforded him for 16 or 17 years, and to the pains which they took to foothe or reprefs his uneafy fancies, the public is probably indebted for fome of the moft mafterly as well as the moft popular works which he ever produced. At length, in the October of this year, he gave to the world his edition of Shakefpeare, which is chiefly valuable for the pre¬ face, u-here the excellencies and defe&s of that immor¬ tal bard are difplayed with fuch judgment, as muft pleafe every man whofe tafte is not regulated by the ftandard of fafhion or national prejudice. In 1767 he was honoured by a private converfation with the king in the library at the queen’s houfe : and two years af¬ terwards, upon the eftablifhment of the royal academy of painting, fculpture, &c. he was nominated profeffor of ancient literature ; an office merely honorary, and conferred on him, as is fuppofed, at the recommenda¬ tion of his friend the prefident. In the variety of fubje&s on which h6 had hitherto exercifed his pen, he had forborne, fince the admini- ftration of Sir Robert Walpole, to meddle with the dif- putes of contending faftions j but having feen with in¬ dignation the methods which, in the bufinefs of Mr Wilkes, were taken to w-ork upon the populace, he publifhed in 1770 a pamphlet, entitled “ The Falfe Alarm j” in which he afferts, and labours to prove by a variety of arguments founded on precedents, that the expulfion of a member of the houfe of commons is equi¬ valent to exclufion, and that no fuch calamity as the fubverfion of the conftitution ay as to be feared from an aft warranted by ufage, Avhich is the law of parliament. Whatever may be thought of the principles maintain¬ ed in this publication, it unqueftionably contains much Avit and much argument, expreffed in the author’s beft ftyle of compcfition j and yet it is known to have been Avritten betAveen eight o’clock on Wednefday night and tAvelve o’clock on the Thurfday night, Avhen it was read to Mr Thrale upon his coming from the houfe of commons. In 1771 he publifhed another political pamphlet, entitled, “Thoughtson the late tranfaftiona refpefting Falkland’s iflands j” in Avhich he attacked Junius : and he ever afterwards delighted himfelf with the thought of having deftroyed that able writer, Avhom he certainly furpaffed in nervous language and pointed ridicule. In 1773 he vifited with Mr BofAvell fome of the moft confiderable of the Hebrides or Weftern Iflands of Scotland, and publifhed an account of his journey in a volume Avhich abounds in extenfive philofophical views of fociety, ingenious fentiments, and lively de- fcription, but Avhich offended many perfons by the violent attack which it made on the authenticity of the poems attributed to Oflian. For the degree of offence that was taken, the book can hardly be thought to contain a fufficient reafon : if the antiquity of thefe poems be yet doubted, it is owing more to the con- duft of their editor than to the violence of John fort. In 1774, the parliament being diffolved, he addreffed to the eleftors of Great Britain a pamphlet, entitled “ The Patriotof which the defign was to guard them from impofition, and teach them to diftinguifh true from falfe patriotifm. In 1775 he publifhed “ Taxation no tyranny j in anfwer to the refolutions and addrefs of the American Congrefs.” In this performance his admirer Mr Bofwell cannot, he fays, perceive that ability of argument or that felicity of ex- preffion for Avhich on other occafions Jobnfon was fa eminent. This is a Angular criticifm. To the affumed principle JOfl ts”] J'OH Johnfor!. principle upon which the reafonxng of the pamphlet —-%■ refts many have objedted, and perhaps their objec¬ tions are well founded ; but if it be admitted that he entered at the Temple. Yet the ftudies of his pro- fefiion did not prevent him from making thofe literary advances, in which he fo much delighted, and oriental literature Rill continued a favourite objetd. When the life of Zoroafter by Anquetil du Perron made its ap¬ pearance, in the preliminary diicourfe to which the uni- verlity of Oxford had oeen attacked, our author de¬ fended it in a pamphlet written with feverity and with elegance. In 1772, he publifhed a fraall volume of poems, being tranflations from the Afiatic poets, re¬ markable for the grace and brilliancy of their Ryle ; and in 1774 appeared his work “ De Poeji AJiatica^ the beauty and purity of the Latin in which it is com- pofed, exciting the admiration of men of literature both at home and abroad. He was called to the bar in the beginning of i774» declined to aft in that capaci¬ ty without a previous knowledge of the aftual buiinefs of the profeflion. He was appointed a commiflioner of bankrupts in 1776, about which period he addreffed a letter to Lord Althorpe, in which he beautifully ex- preffes his ardent wilh to have conRitutional liberty efla- bliihed by conRitutional means. His tranflation of the fpeeches of Ifaeus, on account of his elegant ftyle, his profound critical and hiflorical knowledge, commanded the admiration of every com¬ petent judge. Soon after this his praffice at the bar increafed with rapidity •, but he had little reafon to flatter himfelf with the profpect of advancement in profeflional rank and dignity, becaufe he was known to be convinced of the injuRice of the RritiRi caufe refpefling the American war, which he was at no pains to conceal ; and therefore an oppofer of the mea- fures of thofe who had the direflion of public affairs, had little preferment to look for. In 1780 he became a candidate to fucceed to Sir Roger Newdigate as re- prefentative in parliament for the univerfity of Oxford, in which he was rei peel ably fupported \ but his politi¬ cal fentiments were ill fuited to fecure him a majority, which made him decline the conteR prior to the elec¬ tion. He foon after publilhed a pamphlet entitled “ An Inquiry into the legal mode of fuppreffing riots, with a conRitutional plan of future defence/'’ recom¬ mending the propriety of making every citizen a foldier in cafes of imminent danger. Fie next publifhed a tranflation of feven ancient poems of the highefl repu¬ tation in Arabia, which, with an ode on the marriage of Lord Althorpe, procured for him the higheft repu¬ tation. His effay on the laws of bailments w'as alfo much admired, as was his fpeech at the London tavern 1782. At Jones, 7 y JON in defence of a parliamentary reform in Paris, he drew up a dialogue between a farmer and a ~ country gentleman on the principles of government, publifhed in Wales by the dean of St Afaph, for which a bill of .indictment was preferred againfl that clergyman. In a letter to Lord Kenyon, Mr Jones avowed himfelf to be the author, and aflerted the prin¬ ciples it contained to be perfectly agreeable to the Britilh conRitution \ but it appears that he afterwards relaxed confiderably in his political ardour. After the refignation of Lord North, and appoint¬ ment of Lord Shelburne, Mr Jones was nominated one: of the judges in the Britiih territories oLIndia, an ap¬ pointment which he had long wiffred for, as it would afford him an opportunity of profecuting his favourite refearches into oriental literature. He v:as chofen a judge in March 17835 011 20th of that month the honour of knighthood was conferred upon him. He arrived at Calcutta in September, and entered upon his office in December, opening the feffions with a very elegant charge to the grand jury. Here he plan¬ ned the inRitution of a fociety fimilar to the Royal So¬ ciety of London, many valuable labours and refearches of which are already in the hands of the public. He- collefled materials for a complete digeR of the Hindoo and Mahometan laws, which intereRing work he did not live to bring to a conclufion. 1 he publication of the “ Afiatic Refearches” occupied much of his atten¬ tion. In 1789 he tranflated an ancient Indian drama calk d “ Sacontala,” which has been confidered as an interefling curiofity. In 1794 he gave the world his “ Ordinances of Menu,” a famous Indian legiflator, containing a fyflem of duties both civil and religious. The climate of India proving unfavourable to the health of Lady Jones, obliged her to return to Eng¬ land, whither Sir William foon defigned to follow her. On the 20th of April 1794, he was feired at Calcutta with an inflammation of the liver, which let the potvers of medicine at defiance, and on the 27th of the fame month put a period to his exiflence without pain or firuggle. It may be fairly afferted that few men have died more refpefted or regretted, as few have pafied a more- ufeful and irreproachable life. The uncommon extent of bis erudition has been diiplayed in all his writings, and fcarcely any fubjefl of human refearch efcaped his notice. He has fcarcely ever been equalled as a lin- guifi, for he is faid to have been more or lefs acquaint-' ed with about 28 different languages. Taffe and ele¬ gance marked all his exertions, and he might have ri- len as a poet to the very firff rank. Great as his knowledge was, his virtue and religion were not infe¬ rior. In whatever light we think proper to view him as Randing in relation to fociety, he was undoubtedly a pattern worthy of imitation. As a permanent monument to his memory, his airec- tionate lady publifhed his whole finiffied works in fix- quarto volumes, in the year 1 799 5 and a marble monu¬ ment to his memory by the fame endearing friend, is placed in the antichamber of Univerfity college, Oxford. The EaR India Company alfo voted a mo¬ nument to his memory in St Paul’s cathedral, and a fiatue of him to be fent out to Bengal. Memoirs of his life were publifhed by I-ord Teignmouth, and a fociety / Jones II Joppa. J O P [31 foclety of gentlemen in Bengal who had been educated at Oxford, fubferibed a fum for a prize differtation on — his charader and merits, by ftudents in that univer- fity. IONIA, a. country of Afia Minor, bounded on the Aiolia, on the ■weft by the Aegean and Ica- rian feas, on the fouth by Caria, and on the eaft by Lydia and part of Caria. It was founded by colonies from Greece and particularly Attica, by the lonians or fubjeifts of Ion. Ionia was divided into 12 fmall ftates, which formed a celebrated confederacy often men¬ tioned by the ancients. Phefe 12 ftates were Priene, Miletus, Colophon, Clazomenae, Ephefus, Lebedos, Peo», Phocaea, Eiythrae, Smyrna, and the capitals of Samos and Chios. The inhabitants of Ionia built a temple which they called Pan Ionium from the con- courle of people that flocked there from every part of Ionia. Alter they had enjoyed for fome time their freedom and independence, they were made tributary to the power of Lydia by Croefus. The Athenians aInfted them to lhake off the flavery of the Afiatie monarchs ; but they foon forgot their duty and rela¬ tion to their mother-country, and joined Xerxes when he invaded Greece. They were delivered from the Perl!an yoke by Alexander, and reftored to their ori¬ ginal independence. Phey were reduced by the Ro¬ mans under the ditftator Sylla. Ionia has been al¬ ways celebrated for the falubrity of the climate, the iruitfulnefs of the foil, and the genius of its inhabi¬ tants. IONIC order. See Architecture, N°45. Ionic Diaka, in Grammar, a manner of fpeakinsj peculiar to the people of Ionia. IONIC Sea was the firft of the ancient feds of phi- loiophersj the others were the Italic and Eleatic. I he founder of this fed was Thales, who beinF a native of Miletus in Ionia, ocealicned his followers to aliume the appellation of Ionic: Thales was fucceeded y Anaximander, and he by Anaximenes, both of Mi¬ letus : Anaxagoras Clazomenius fucceeded them, and removed his fchool from Afia to Athens, where Socra- tes was his fcholar. It was the diftinguifhing tenet ot this left, that water was the principle of all natural things. ; IONIUM mare, apart of the Mediterranean fea at the bottom of the Adriatic. It lies between Sicily and Greece. That part of the iEgean fea which lies on the coafts of Ionia in Afia, is called the Sea of Io¬ nic, and not the Ionian fea. According to fome au¬ thors, the Ionian fea receives its name from lo, who iwam acrofs there after the had been metamorphofed into a heifer. r r °r JoNQ.UE> in naval affairs, is a kind of imall imp, very common in the Eaft Indies. Thefe veffels are about the bignefs of our fly-boats j and differ m the form of their building, according to the different methods of naval architeaure ufed by the na tions to which they belong. Their fails are frequently ^ afld their anchors are made of wood. JOPPA, a fea-port town in Paleftine, lying fouth of Cadarea; and anciently the only port to Jerufalem, whence all the materials fent from Tyre tow-ards the building of Solomon’s temple were 'brought hither ■arm landed, (2 Chr 11. 16.). It is faid to have been ^mlt by japhet, and from him to have taken its name 4 8 J JOS Japho afterwards moulded into Joppa; and the very heathen geographers fpeak of it as built before the flood. It is now called Jaffa, fomewhat nearer to its firft ap- pellation, and is but in a poor and mean condition JOR, the Hebrew for a river, which, joined with Han, concurs to form the term Jordan. See Dan JORDANO, Lucca, an eminent Italian painter was born at Naples in 1632. He became very earN a difciple of Jofeph Ribera ; but going afternards to Kome, he attached nimfelf to the manner of Pietro da Cortona whom he aflifted in his great works. Some of his pictures being feen by Charles II. king of bpain, he engaged him in painting the Efeurial: in which talk he acquitted himfelf as a great painter. Ibe king fliowed him a pifture of Balfani, ex prefling his concern that he had not a companion : Lucca painted one fo exaftiy in Baffani’s manner, that it was taken for a performance of that mailer; and for this iervice he was knighted, and gratified with feveral ho- nourable and valuable employments. The great works he executed in Spain gave him ftill greater reputa¬ tion when he returned to Naples ; fo that though he was a very quick workman, he could not fupply the eager demands of the citizens. No one, not even Imtoret, ever painted fo much as Jordano; and his generofity carried him fo far as to prefent altar-pieces to churches that were not able to purehafe them. His labours were rewarded with great riches; which he left to his family, when he died, in 1705. JOSEPH, the fon of Jacob ; memorable for his chaftity, and the honours conferred on him at the court of Egypt, &c. He died in 1635 B. C. aged JOSEPHUS, the celebrated hiftorian of the Jews was of noble birth, by his father Mattathias defeended from the high-priefts, and by hi, mother of the blood- royal of the Maccabees; he was born A.D. 37, under Caligula, and lived under Domitian. At 16 years of age he betook himfelf to the fe6l of the Effenes, and then to the Pharifees; and having been fuccefsful in a journey to Rome, upon his return to Judsea he was made captain general of the Galileans. Being taken prifoner by Vefpafian, he foretold his coming to the empire, and his own deliverance by his means. He accompanied Titus at the liege of Jerufalem, and wrote his . Wars of the Jews,” which Titus ordered to be put in the public library. He afterwards lived at Rome, where he enjoyed the privileges of a Roman citizen, and where the emperors loaded h m with fa¬ vours, and granted him large penfions. Befidcs the above work, he wrote, 1. Twenty books of Jevvilh an¬ tiquities, which he finiflied under Domitian. 2. Two books againft Apion. 3. An elegant difeourfe on the martyrdom of the Maccabees. 4. His own life. Thefe works are excellently written in Greek. JOSHUA, the renowned general of the Jews, who conduaed them through the wildernefs, &c. died in 1424 B. C. aged 110. Joshua, a canonical book of the Old Teftament, containing a hiftory of the wars and tranfaftions of tlm perfon whofe name it bears. This book may be divided into three parts: the firft of which is a hiftory of the conqueft of the land of Canaan ; the fecond, which begins at the 12th chapter, is a defeription of that country, and the divifion of it among the tribes ; and Joppa li Jofhua. J o U t 319 ] I P H Joffcua and the third, comprifed in the two laft: chapters, con- 11 tains the renewal of the covenant he caufed the Ifrael- Journa * ites to make, and the death of their victorious leader and governor. The whole comprehends a term of 17, or, according to others, of 27 years. JOSIAH, king of Judah, the deftroyer of idola¬ try, and the reftorer of the true worftiip, an excellent magillrate, and a valiant general, was llain in battle, 609 B. C. JOT AP AT A, in Ancient Geography, a town of the Lower Galilee, diftant 40 ftadia from Gabara; a very ftrong place, lituated on a rock, wailed round, and en- compafled on all hands with mountains, fo as not to be feen but by thofe who came very near. It was with great difficulty taken by Vefpafian, being defended by Jofephus, who commanded in it 5 when taken, it W'as ordered to be rafed. JOVIAN, the Roman emperor, elected by the army, after the death of Julian the apoflate, in 363. He at firft refufed, faying he would not command idolatrous foldiers 5 but, upon an affurance that they V'ould embrace Chriftianity, he accepted the throne, and immediately {hut all the Pagan temples, and for¬ bade their facrifices. But he did not long enjoy the dignity to which his merit had raifed him 5 being fuf- focated in his bed by the fumes of a fire that had been made to dry the chamber, in 364, the 33d of his age, and the eighth month of his reign. See Con¬ stantinople, N° 67. JOVIUS, Paul, in Italian Giovio, a celebrated hiflorian, was born at Como in Italy, in the year 1483. As his father died in his infancy, he was educated by his eldeft brother Benedict Jovius, under whom he be¬ came well {killed in claffical learning j and then went to Rome, for the fake of enjoying the benefit of the Vatican library. He there wrote his firft piece, De pifcibus Romanis, which he dedicated to Cardinal Lewis of Bourbon. He received a penfion of 500 crowns for many years from Francis I. king of France, whofe favour he fecured by his flatteries. But, in the fol¬ lowing reign, having difgufted the conftable Montmo¬ rency, his name w'as ftruck out of the lift of penfioners. Jovius did not fuffer his fpirits to fink under his mif- fortune: he had obtained a high reputation in the learned world by his writings; and having always {flowed great refpeft to the houfe of Medicis, on whofe praifes he had expatiated in his works, he applied to Clement VII. and obtained the biftioprick of Nocera. His principal piece is his hiftory, which is that of his own time throughout the w'orld, beginning with 1494, and extending to the year 1544. This was the chief bufinefs of his life. For he formed the plan of it in the year 1515 *, and continued upon it till his death, which happened at Florence in 1552. It is printed in three volumes folio. He is allowed to have been a man of wit as well as learning : he was mafter of a bright and poliftied ftyle, and has many curious obfervations: but being a venal writer, his hiftories are not much credited. JOURNAL, a day-book, regifter, or account of what pafles daily. See Diary. Journal, in merchants accounts, is a book into which every particular article is pofted out of the wafte- book, and made debtor. This is to be very clearly worded, and fairly engroffed. See BOOK-Keeping, Journal, in Navigation, a fort of diary, or daily re- Journal gifter of the ftiip’s courfe, winds, and weather j together .1! with a general account of whatever is material to be re- ^'g61113, marked in the period of a fea-voyage. ~v" In all fea-journals, the day, or what is called the 24 hours, terminate at noon, becaufe the errors of the dead-reckoning are at that period generally cor- refted by a folar obfervation. The daily compact ufually contains the ftate of the weather j the varia¬ tion, increafe, or diminution of the wind ; and the fuitable drifting, reducing, or enlarging the quantity of fail extended 5 as alfo the moft material incidents of the voyage, and the condition of the (hip and her crew j together with the difcovery of other (hips or fleets, land, flioals, breakers, foundings, &c. Journal, is alfo a name common for weekly effays, newfpapers, &c. as the Gray’s Inn Journal, the Weft- minfter Journal, &c. Journal, is alfo ufed for the titles of feveral books which come out at Hated times, and give abftra&s, accounts, &c. of the new books that are publiihed, and the new improvements daily made in arts and iciencesj as the Journal de Spavans, Journal de Phyjique, &c. JOURNEY, a tradl: of ground pafied over in tra¬ velling by land j properly as much as may be pafled over in one day. Management of a Horfe on a JOURNET. See Horse. JOURNEYMAN, properly one who works by the day only j but the word is now ufed for any one who works under a mafter, either by the day, the year, or the piece. JOY, in Ethics, is that paflion which is produced by love, regarding its objeft as prefent, either imme¬ diately or in profpedt, in reality or imagination. The operation of joy fometimes afFefts the functions of the body, by increafing the fecretion of perfpiration and fome others. JOYNERY. See Joinery. IPECACUANHA, the root of a plant which is well known by its ufe as an emetic. See Materia Medica Index. IPHICRAT ES, general of the Athenians, had that command conferred upon him at 20 years of age, and became famous for the exaftnefsof his military difeipline. He made war on the Thracians j reftored Seuthes, who was an ally of the Athenians j attacked the Lacedte- monians, and, on many other occafions, gave fignal proofs of his conduct and courage. Many ingenious repartees have been mentioned of this general: a man of good family, with no other merit than his nobility, reproaching him one day for the meannefs of his birth he replied, “ I {hall be the firft of my race, and thou the laft of thine.” He died 380 B. C. IPPIIGEN1A, a daughter of Agamemnon and Cly- temneftra. When the Greeks going to the Trojan war were detained by contrary winds at Aulis, they were informed by one of the foothfayers, that to appeafe the gods they murt facrifice Iphigenia Agamemnon’s daughter to Diana. The father, who had provoked the goddefs by killing her favourite flag, heard this with the greateft horror and indignation ; and rather than to ftied the blood of his daughter, he commanded one of his heralds, as chief of the Grecian forces, to or¬ der all the affembly to depart each to his reipe&ive home. Ulyffes and the other generals interfered, and Agamemnon IPS r 320 ] IRE Iphigenia Agamemnon confented to immolate his daughter for H the common caufe of Greece. As Iphigenia was ten- vv‘r !‘ derly loved by her mother, the Greeks fent for her on pretence of giving her in marriage to Achilles. Cly- -temneltra gladly permitted her departure, and Iphige- nia came to Aulis. Here (lie faw the bloody prepara¬ tions for the facrifice. She implored the forgivenefs and protedfion of her father ; but tears and entreaties were unavailing. Calchas took the knife in his hand •, and as he was going to ftrike the fatal blow, Iphigenia fuddenly difappeared, and a goat of uncommon fize and beauty was found in her place for the facrifice. This fupernatural change animated the Greeks, the wind fuddenly became favourable, and the combined fleet fet fail from Aulis. IPOMEA, Ouamoclit, or Scarlet Convolvu¬ lus \ a genus of plants, belonging to the pentandria clafs, and in the natural method ranking under the 29th order, Campanacea. See Botany Index. IPSWICH, the capital of the county of Suffolk, in England, feated in E. Long. 1.6. N. Lat. 52. 12. The name comes from the Saxon Cypefxvick, that is, a town fituated upon the Gyppen, now called OrxvelL It had once 21 churches, but now has only 12. It was plundered by the Danes in 991, and afterwards be- fieged by King Stephen. It had charters and a mint in the reign of King John, but its lafi: charter was from Charles II. The remains of a wall and fix or feven re¬ ligious houfes are ftill to be feen. Though it is not in fo flourifhing a date as formerly when the harbour was more commodious, yet it is ftill a large well built town. Befides the churches already mentioned, it lias feveral meeting-houfes, two chapels, a town-hall, council-chamber, a large market place with a crofs in the middle of it, a (hire-hall for the county feflions, a library, feveral hofpitals, a free-fchool, a handfome ftone-bridge over the river, (lately (hambles in the market-place built by Cardinal Wolfey, who was a na¬ tive of the town and a butcher’s fon, and who alfo be¬ gan to build a college here on the ruins of a fmall college of black canons, which ftill bears his name, though it was never finiflied. Here are alfo feveral alms-houfes, three charity-fchools, and a convenient key and cuftomhoufe. By virtue of Charles IT’s char¬ ter, the town is governed by two bailiffs, a recorder, 1,2 portmen, of whom the bailiffs are two, a town- clerk, two coroners, and 24 common-council. The bailiffs and 4 of the portmen are juftices of the peace. The town enjoys many privileges, as pafling fines and recoveries, trying criminals, and even crown and capi¬ tal caufes among thcmfelves, fettling the aflize of bread, wine, and beer. No freeman is obliged to ferve on juries out of the town, or bear any office for the king, except that of the (heriff, or to pay tolls or duties in any other part of the kingdom. They have an ad¬ miralty juril'di6tion beyond Harwich on the Effex coaft, and on both fides the Suffolk coaft, by which they are entitled to all goods call on (bore. The bailiffs even hold an admiralty-court beyond Landguard-fort. By a trial in King Edward III.’s time, it appears that the town had a right to the cuftom-duties for all goods co¬ ming into Harwich-haven. The population in 1801 exceeded 1.1,000, of whom nearly -loco are employed in manufa&ures, which are chiefly wooden and linen cloth. It has (till a confiderable foreign-trade. The tide rifes 12 feet, and (hips come within a fmall diftance Ipfwiclt of the town. They export a great deal of corn to Lon- !! don, and in former times to Holland. Formerly, they had a great trade in (hip-building j but that having 'r"" declined, they now fend great quantities of timber to the king’s yard at Chatham. It has feveral great fairs for cattle, cheefe, and butter 5 and is admirably fitua¬ ted for the trade to Greenland, becaufe the fame wind that carries them out of the river will carry them to Greenland. It is worth remarking, that it is one of the beft places in England for perfons in narrow cir- cumftances, houfe rent being eafy, provihons cheap and plentiful, the paffage by land or water to Lon¬ don, &c. convenient, and the company of the place good. It gives title of vifeount, as well as Thetford, to the duke of Grafton j and fends two members t« parliament. IRASCIBLE, in the old philofophy, a term appli¬ ed to an appetite or a part of the foul, where anger and the other paflions, which animate us againft things dif¬ ficult or odious, were fuppofed to reiide. Of the eleven kinds of paflions attributed to the foul, philofophers aferibe five to the irafcible appetite ; viz. wrath, boldnefs, fear, hope, and defpair; the other fix are charged on the concupifcible appetite, viz. plea- fure, pain, defire, averfion, love, and hatred. Plato divided the foul into three parts *, the reafon- able, irafcible, and concupifcible parts. The two laft, according to that philofopher, are the corporeal and mortal parts of the foul, which give rife to our paf- fions. Plato fixes the feat of the irafcible appetite in the heart 5 and of the concupifcible in the liver ; as the two fources of blood and fpirit, which alone affeft the mind. IRELAND, one of the Britannic iflands, fituated between the 5th and 10th degrees of weft longitude, and between the 51ft and 56th of north latitude, ex¬ tending in length about 300 miles, and about 150 ia breadth. The ancient hi (lory of this ifiand is involved in fo much obfeurity, that it has been the objetft of conten¬ tion among the antiquarians for upwards of a century and a half. The Irifti hiftorians pretend to very great antiquity. According to them, the ifland was firft in- s habited about 322 years after the flood. At that time Origin of Partholanus the fon of Scara landed in Munfter on the the Irifli 14th of May with 1000 foldiers, and fame women, from weeding Greece. This voyage he had undertaken on account of his having killed his father and mother in his nativerjailS< country. The fame hiftorians inform us, that a great number of lakes broke out in Ireland during the reign of Partholanus, which had no exiftence when he came into the ifland, with many other particulars not worth mentioning ; but the moft furprifing circumftance is, that about 300 years after the arrival of this Grecian colony, all of them periflied by a plague, not a fingle perfon remaining to tell the fate of the reft •, in which cafe, it is wonderful how the cataftrophe ftiould have been known. After the extin&ion of this firft colony, Ireland re¬ mained a prrfedl wildernefs for 30 years ; when ano¬ ther colony arrived from the eaft, under the dire&ion of one N-medius. Pie fet fail from the Euxine fea with 30 tranfports, each manned with 40 heroes j and at IRE [ 321 ] IRE Ireland, at laft arrived on the coafts of Ireland, after a very te- —dious and ftrange navigation. Daring his reign alfo many lakes were formed in the country, which had no exiftence before ; the moft material circumltance, how¬ ever, was an unfuccefsful war in which he was engaged with fome African pirates, who in the end enflaved his people. The victors proved fuch infupportable ty¬ rants, that the Irifli found themfelves under a neceffity of quitting the ifland altogether. They embarked on board a fleet of x 130 flaps, under the command of three grandfons of Nemedius, viz. Simon Breac, To Chatb, and Briatan Maol. The firft returned to Greece, the fecond failed to the northern parts of Europe, and the third landed in the north of Scotland, and from him the ifland of Britain is faid to have taken its name, and the Welfli their origin. About 216 years after the death of Nemedius, the ^efeendants of Simon Breac returned from Greece into Ireland. They were conduced by five princes of great reputation, who divided the ifland into five kingdoms, nearly equal in fize. Thefe kingdoms were called Munffer, Leinjler, Connaught, Meath, and U(/ler; and the fubjefts of thefe kings are called by the Iriih hif- torians Firbo/gs. The Firbolgs were in procefs of time expelled or totally fubdued, after thelofs of 100,000 men in one battle, by the Tuath de Dormans, a nation of necro¬ mancers, who came from Attica, Bceotia, and Achaia, into Denmark, from Denmark to Scotland, and from Scotland to Ireland. Thefe necromancers were fo completely {killed in their art, that they could even reftore the dead to life, and bring again into the field thofe warriors who had been flain the day before. They had alfo fome curiofities which poffeffed a won¬ derful virtue. Thefe were a fword, a fpear, a caul¬ dron, and a marble chair j on which laft were crown¬ ed firft the kings of Ireland, and afterwards thofe of Scotland. But neither the powerful virtues of thefe Danilh curiofities, nor the more powerful fpells of the magic art, were able to preferve the Tuath de Dannans from being fubdued by the Gadelians when they in¬ vaded Ireland. The Gadelians were defeended from one Gathelus, from whom they derived their name. He was a man of great confequence in Egypt, and intimately ac¬ quainted with Mofes the Jewifti legiflator. His mo¬ ther was Scota the daughter of Pharaoh, by Niul the fon of a Scythian monarch cotemporary with Nimrod. The Gadelians, called alfo Scots, from Scota above- mentioned, conquered Ireland about 1300 B. C. un¬ der Heber and Heremon, two fons of Milefius king of Spain, from whom were defeended all the kings of Ireland down to the Englilh conqueft, and who are therefore ftyled by the Irilh hiftorians princes of the Milejian race. From this period the Irifti hiftorians trace a gradual refinement of their countrymen from a ftate of the groffeft barbarity, until a monarch, named Oliam Fod- la, eftabliftied a regular form of government, erefted a grand feminary of learning, and iniiituted the Fes, or triennial convention of provincial kings, priefts, and poets, at Feamor or Tarah in Meath, for the eftablilh- ment of laws and the regulation of government. But whatever were the inftitutions of this monarch, it is acknowledged that they proved infufticient to with- Vql. XI. Part I. ftand the wildnefs and diforder of the times. To Kim- Ireland, bath, one of his fucceffors, the annalifts give the ho- -'"Y™— nour of reviving them, befides that of regulating Ul- fter, his family-province, and adorning it with a {late¬ ly palace at Eamannia near Armagh. His immediate fucceflor, called Hugony, is ftill more celebrated for advancing the work of reformation. It feems, that, from the earlieft origin of the Irifti nation, the ifland had been divided into the five provincial kingdoms above mentioned, and four of thefe had been fubjeclto the fifth, who was nominal monarch of the whole ifland. Thefe four, however, proved fuch obftinate difturbers of the peace, that Hugony, to break their power, par¬ celled out the country into 25 dynafties, binding them by oath to accept no other monarch but one of his ow n family. This precaution proved ineffe&ual. Hugony himfelf died a violent death, and all his fucceflors for a feries of ages were affaflfmated, fcarcely with one exception. About 100 B. C. the pentarchal government was reftored, and is faid to have been fucceeded by a con- fiderable revolution in politics. The Irifti bards had for many ages difpenfed the laws, and the whole na¬ tion fubmitted to their decifions j but as their laws were exceedingly obfeure, and could be interpreted only by themfelves, they took occalion from thence to opprefs the people, until at laft they were in danger of being totally exterminated by a general infurre&ion. In this emergency they fled to Convocar-Mac-Ntffa, the reigning monarch, who promifed them his protec¬ tion in cafe they reformed j but, at the fame time, in order to quiet the juft complaints of his people, he em¬ ployed the moft eminent among them to compile .an intelligible, equitable, and diftimft body of laws, which u'ere received with the greateft joy, and digni¬ fied with the name of celejlial decifions. Thefe deci¬ fions feem to have produced but very little reformation among the people in general. We are now prefented with a new feries of barbarities, murders, fa6lions, and anarchy 5 and in this difordered fituation of af¬ fairs it was, according to the Irifli hiflorians, that the chieftain mentioned by Tacitus addrefled himfelf t» Agricola, and encouraged him to make a defeent on Ireland. This fcheme happened not to fuit the views of the Roman general at that time, and therefore was not adopted ; and fo confident are thefe hiftorians of the ftrength of their country, even in its then diftraft- ed ftate, that they treqt the notion of its being fub¬ dued by a Roman legion and fome auxiliaries (the force propofed to Agricola) as utterly extravagant j ac¬ quainting us at the fame time, that the Irifti were f® far from dreading a Roman invafion, that they failed to the afliftance of the.Pi&s, and having made a fuc- cefsful incurfion into South Britain, returned home with a confiderable booty. In the fame ftate of barbarity and confufion the kingdom of Ireland continued till the introduction of Chriftianity by St Patrick, about the middle of the fifth century. This miflionary, according to the adver- faries of the Irifti antiquity, firft introduced letters int® Ireland, and thus laid the foundations of a future civi¬ lization. On the other hand, the advocates for that antiquity maintain, that the Irifti had the knowledge of letters, and had made confiderable progrefs in the arts, before the time of St Patrick; though they allow IRE [ 322 ] IRE Ireland. Early hl- ftory of Ireland by Mr Whit¬ aker. ISfames and fituation ot the tribes by which it was in¬ habited. that he introduced the Roman character, in which his copies of the Scripture and liturgies were written. To enter into the difpute would be contrary to our plan. It is fufficient to obferve, that, excepting by fbme of the Irifh themfelves, the hitlory already given is generally reckoned entirely fabulous, and thought to have been invented after the ii rroduftion of Chrifti- anity. An origin of the Iriih nation has been found out much nearer than Alia, Greece, or Egypt ; namely, the ifland of Britain, from whence it is now thought that Ireland was firil peopled. A difpute hath arifen concerning the place from whence the firft emi¬ grants from Britain fet fail for Ireland. The honour of being the mother-country of the Iriih hath been difputed between the North and South Britons. Mr Macpherfon has argued llrenuoufly for the former, and Mr Whitaker for the latter. For an account of their difpute, however, we muft refer to the works of thefe gentlemen. Mr Whitaker claims the victory, and challenges to himfelf the honour of being the firft who clearly and truly demonftrated the origin of the Irifh. The name of Ireland, according to Mr Whitaker, is obvioufly derived from the word Jar or Eir, which in the Celtic language fignifies “ weft.” This word was fometimes pronounced Iver, and Hiver; whende the XiRmes of Iris, lerna, Juverna, Iverna, Hibernia, and Ireland; by all of which it hath at f%me time er other been ^.nown. About 350 B. C. according to the fame author, fhe Belgse crofted the channel, invaded Britain, and feized the whole extended line of the fouthern coaft, from Kent to Devonfhire. Numbers of the former in¬ habitants, who had gradually retired before the enemy, were obliged at laft to take (hipping on the weftern coaft of England, and paffed over into the uninhabited ifle of Ireland. Thefe were afterwards joined by an¬ other body of Britons driven out by the Belgae under Divitiacus, about iqo B. C. For two centuries and a half afterwards, thefe colonies were continually rein¬ forced with frefh fwarms from Britain ; as the populouf- nefs of this ifland, and the vicinity of that, invited them to fettle in the one, or the bloody and fucceftive war's in Britain during this period naturally induced them to relinquifh the other : and the whole circuit of Ireland appears to have been completely peopled about 150 years after Chrift : and as the inhabitants had all fled equally from the dominion of the Belgae, or for fome other caufe left their native country, they were diftin- guifhed among the Britons by one general and very ap- pofite name, viz. that of Scuites or Scots, “ the wan¬ derers, or refugees.” Mr Whitaker alfo informs us, “ that in the times of the Romans Ireland was inhabited by 18 tribes 5 by one upon the northern and three on the fouthern fhore, feven upon the weftern, fix on the eaftern, and one in the centre. “ Along the eaflern coaft, and the Vergivian or inter¬ nal ocean, were ranged the Damnii, the Voluntii, and the Eblant, the Caucii, the Menapii, and the Coriondii. The firft inhabited a part of the two counties of An¬ trim and Down, extending from Fair head, the moft north-eafterly extremity of the ifland, to Ifamnum Promontoriura, or the point of Ardglafs haven, in the county of Down ; and, having the Logia pr Lpgan, 3 which falls into Carrickfergus bay, within their pof- Ireland, feflions, and Dunum or Down-patrick for their capital. '“’■'“V""** The Voluntii poffeffed the coaft from the point of that haven to the river Buvinda or Boyne, the remainder of Down, the breadth of Armagh, and all Louth j having the Vinderus or Carlingford river in their do¬ minions, and the town of Laberus near the river Deva (Atherdee in the county of Louth) for their metro¬ polis. And the Eblani reached from the Boyne to the Laebius, La^v-ui, or Liffy ; refiding in Eaft Meath, and in the large portion of Dublin county which is to the north of this river ; and acknowledging Mediola¬ num, Eblana, or Dublin, for their principal town. The Gaucii fpread from the Liffy to the Letrim, the Oboca of the ancients •, had the reft of Dublin county, and fuch parts of Wicklow as lie in the north of the lat¬ ter j and owned Dunum or Rath-Downe for their chief city. The Menapii occupied the coaft betwixt the Letrim and Cancarne-point, all the reft of Wicklow^ and all Wexford to the point $ their chief town, Me- napia, being placed upon and to the eaft of Modona, Slanus, or Slane. And the Coriondii inhabited at the back of the Caucii and Menapii, to the weft of the Slane and Liffy, and in all Kildare and all Catherlogh \ being limited by the Boyne and Barrow on the weft, the Eblani on the north, and the Brigantes on the fouth. “ Upon the fouthern {bore, and along the verge of th Cantabrian ocean, lay the Brigantes, the Vodise, and the Ibernii. The firft owned the reft of Wexford and all Waterford : extending to the Blackwater, Aven- More, or Dabrona, on the fouth-weft ; having the great mouth of the Barrow within their territories, and Bri- gantia, Waterford, or fome town near it, for their firft city ; and giving name of Brigas to the Suir or Swire, their limitary ftream on the north, and the appellation of Bergie to their own part of the county of Wexford. The Vodise poffefied the {hire ofCorke from the Biack- water to the Ban, the river of Kinfale, and the Do- bona or Dubana of the ancients •, and affixed the name of Voa'nim Promontonum to the point of Balycotton ifland. And the Ibernii inhabited the remainder of Corke, and all that part of Kerry which lies to the fouth-eaft of Dingle found ; having Rufina or Ibaune for their capital, the Promontorium Auftrinum or Mifi- fen-Head about the middle of their dominions, and the river Ibernus or Dingle found for their northern bar¬ rier 3 and leaving their names to the three divifions of Ibaune, Beare, and Iveragh. “ Upon the weftern fhore of the ifland, and along the Great Britannic or Atlantic ocean, were the Lucanii or Lucenii, the Velaborii, and the Cangani, the Au- terii, the Nagnatae, the Hardinii, and Venicnii. The Lucenii inhabited the peniniula of land that lies along the river Ibernus or Dingle found, and perhaps fome adjoining parts of Kerry. The Velaborii ranged along the fmall remainder of the latter, and over the whole of Limerick to the Senus or Shannon 3 having the Da¬ rius or Cafheen flowing through their dominions, and. Regia, Limerick or fome town near it, for their me¬ tropolis. And the latter was probably that city near Limerick, the fite of which is ftill famous, and retains the appellation of Cathair, or the fortrefs 3 and where the remains of ftreets, and other marks of a town, may yet be traced.* The Cangani lived in the county of Clare : I 11 E [3 Ireland. Clare : Malcolicum near the Shannon, perhaps Feakle ”—v“ f or Melic, being their principal town ; a headland in the bay of Galway, near Glaniny, being denominated hemfamnum Promontorwm; and the adjoining Hies of Arran called InfuLe Canganae. The Auterii were fet¬ tled iu the county of Galway ; winding along the deep recefs of the Sinus Aufoba or bay of Galway ; ftretch- ing towards the north as far as the Libnius, or the river that bounds the Ihire in that part; and poffeffing the fmall portion of Mayo which lies to the fouth of it. And thefe were fubjedlto Auterium, anciently Aterith, and now Athenree j and have left their name to the di* vifion of Athenree. The Nagnatae occupied the reft of the large county of Mayo, all Sligo and all Rof- common, all Letrim as far as Logh Ailin on the fouth- eaft, and all Fermanagh, to Balyfhannon and Logh Erne j being bounded by the Rhebius or river of Ba- lylhannon, and the lake Rhebius or Logh Erne ; ha¬ ving a deep bay, called Magnus Sinus, that curves along Mayo, Sligo, and Letrim counties j and acknow¬ ledging Nagnat, Necmaht, or Alnecmaht, the town of the Nagnatm, for their capital. And the Hardinii and Venicnii were confederated together under the title of the Venicnian Nations, extended from Balyfhannon to the North Cape, and poffefled all Donnegalle, except the two whole divifions of Raphoe and Enis-Owen, and the eaflern part of Killmacrenen. The Venicnii lay along the immediate margin of the fhore, giving name to the Promontorium Venicnium or Cape Horn, and to the Infula Venicnia or North Arran Ifland. And their metropolis Rheba was feated upon the lake Rhebius, and in the country of the Hardinii on the fouth-eaft. “ Upon the northern fhore and along the margin of the Deucaledonian ocean, were only the Robogdii •, in¬ habiting the reft of Donnegalle, all Derry, and all Antrim to the Fair-Head, and the Damnii j and gi¬ ving their own name to the former and the divifion of Raphoe. And they had the rivers Vidua or Ship- harbour, Arigta or Logh Swilly, Darabouna or Logh Foile, and Banna, or Ban, in their territories 5 and ac- knowledged Robogdium, Robogh, or Raphoe, for their chief city. “ The central regions of the illand, all Tyrone, the remainder of Fermanagh and Letrim, all Monaghan, and the reft of Ardmagh 5 all Cavan, all Longford, and all Weft-Meath ; all the King’s and (Queen’s coun¬ ty, all Kilkenny, and all Tipperary ; were planted by the Scoti. The Shannon, Logh All in, and Logh Erne, were their great boundaries on the weft $ the Barrow, Boyne, and Logh Neagh, on the eaft 5 the Swire and Blackw'ater Vm the fouth ; and a chain of mountains on the north. And the two greateft of their towns were Rheba, a city feated, like the Rheba of the Venicnians, upon the lake and river Rhebius, but on a different part of them, and fomewhere in the north of Cavan ; and Ibernia, a town placed a little to the eaft of the Shannon, and fomewhere in the county of Tipperary.” But whether w-e are to receive as a truth the accounts given by Mr Whitaker, thofe of the Irilh annaHfts, or any other, it is certain, that, till little more than a century ago, Ireland was a fcene of confufton and flaughter. The Irifh hiftorians acknowledge this, as have already feen. Very few of their monarchs !3 ] 1 R . E efcaped a violent death. The hiftories of their kings Ireland, indeed amount to no more than this, viz. that they v ^ began to reign in fuch a year, reigned a certain num¬ ber of years, and were fl iin in battle by the valiant prince who fucceeded to the thrune. The introduc¬ tion of Chriftianity feems to have mended the matter very little, or rather not at all. The fame wars be¬ tween the chiefs continued ; and the fame murders and treacheries took place among the inhabitants, till they ^ were invaded by the Danes or Normans, about theinVa(lon of end of the eighth century. At this time, we are told, the Danes, that the monarchical power w as weak, byreafon of the fa£lious and afluming difpofition of the inferior dyna- fties ; but that the evils of the political conftitution had conftderably fubfided by the refpeft paid to reli¬ gion and learning. Tne firft invaftons of the Danes were made in fmall parties for the fake of plunder, and were repelled by the chieftain whofe dominions were invaded. Other parties appeared in different parts of the ifland and terrified the inhabitants by the havock they committed. Thefe were in like manner put to flight, but never failed to return in a Ihort time; and in this manner was Ireland haraffed for the fpace of 20 years, before the inhabitants thought of putting an end to their inteftine contefts, and uniting againft the common enemy. The northern pirates, either by force or treaty, gradually obtained fome fmall fettle- ments on the ifland \ till at length Turges, or Turge- fius, a warlike Norwegian, landed with a powerful ar¬ mament in the year 815. He divided his fleet and ar¬ my, in order to ftrike terror in different quarters. His followers plundered, burned, and maffacred, without mercy, and perfecuted the clergy in a dreadful manner on account of their religion. The Danes already fet¬ tled in Ireland, flocked to the ftandard of Turgefius, who thus was enabled to feat himfelf in Armagh, from which he expelled the clergy, and feized their lands. The Irith, in the mean time, were infatuated by their private quarrels j till at laft, after fome ill-condudted and unfuccefsful efforts, they funk into a ftate of abjedt fubmiflion, and Turgtfius was proclaimed monarch of the whole ifland in 845. 1 he new king proved fuch a tyrant, that he foon became intolerable. A confpiracy w^as formed againft; him ; and he was feized by Melachline prince of Meath, in a time of apparent peace. An univerfal infurrec- tion enfued 5 the Danes were maffacred or difperfed j their leader condemned to death for his cruelties, and drowned in a lake. The foreigners, however, were not exterminated, but the remains of them were al¬ lowed to continue on the ifland as fubjetts or tributa¬ ries to feme particular chieftains. A new colony foon arrived, but under the pretence of peaceable intentions, and a defign of enriching the country by commerce. The Irilh, through an infatuated policy, fuffered them to become mailers of Dublin, Limerick, Waterford, and other maritime places, which they enlarged and fortified with fuch works as had till then been un¬ known in Ireland. The Danes did not fail to make ufe of every opportunity of enlarging their territories, and new wars quickly enfued. The Irilh were fome- times victorious, and fometimes not j but were never able to drive out their enemies, fo that they continued to be a very diftinguilhed and powerful ye/)/, or tribe, in Ireland. The wars with the Danes were no fooner S f 2 at IKE [ 324 1 I R E , ^re^an^- at an end, than the natives, as ufual, turned their arms ^ * againit each other. The country was harafled by the competitions of the chiefs ; laws and religion loft their influence, and the moft horrid licentioufnefs and im¬ morality prevailed. Thus the whole ifland feemed ready to become a prey to the firft invader, when an attempt was made upon it by Magnus king of Nor¬ way. This attempt mifcarried through his own ralh- nefs ; for, having landed without oppofition, he ad¬ vanced into the country without the leaft apprehen- fion. The confequence of this was, that he was fur- rounded and cut to pieces with all his followers. His death, however, proved of little benefit to Ireland j the fame diforders which had gradually reduced the kingdom to a ftate of extreme weaknefs, ftill conti¬ nued to operate, and to facilitate the fuccefs of the Englilh invafion, which happened in the reign of 5 Henry II. Henry II. The firft motives which induced this monarch to meditatesd °f an exP^ditIon againft Ireland are not well an invafion ^nown- ^ was fuppofed that he had been provoked •f Ireland. ^7 afliftance which the Irilh princes had given to the French ; but, whatever might be in this, it is certain that the defign was conceived foon after he afcended the throne ; and his flatterers foon furnilhed him with fufficient reafons for confidering the Irilh as his fubje&s. It was affirmed that they had original¬ ly poffelfed themfelves of their country by permiffion of Gurguntius a Britiffi king ; and that, as defen¬ dants of the Britons, they were the natural and right¬ ful fubje&s of the Engliffi monarch. It was alfo fug- gefted, that the renowned King Arthur, Egfred the Northumbrian prince, and Edgar one of the Saxon kings of England, had all led their armies into Ireland, and there made valuable acquifitions, which their fuc- eeffor was in honour bound to recover and maintain. .All thefe fuggeftions, however, or whatever elfe had occurred to himfelf, feemed yet infufficient to Henry j and therefore he took the molt effe&ual method to in¬ lure his reputation, namely, by an application to the pope. To him he reprefented, that the inhabitants of Ireland were funk into the moft wretched ftate of corruption, both with regard to morals and religion j that Henry, zealous for the honour and enlargement of God’s kingdom, had conceived the pious defign of erefting it in this unhappy country ; was ready to de¬ vote himfelf and all his powers to this meritorious fer- vice ; implored the benediaion of the pontiff j and re- quefted his permiffion and authority to enter Ireland to reduce the difobedient and corrupt, to eradicate all fin and wickednefs, to inftrua the ignorant, and ipread the bleffed influence of the gofpel in all its pu¬ rity and perfeaion ; promifing at the fame time to pay a yearly tribute to St Peter from the land thus to be reduced to his obedience, and to the holy fee. Adrian, the reigning pope, rejoiced at this application which (f tended fo much to the advancement of his own power. Is inverted A bull was therefore immediately formed, conformable Wetntv t0 the m°ft lanSuine wifhes of Henry, which was fent by the t0 England without delay, together with a ring, the pope. token of his inveftiture as rightful fovereign of Ireland. But whatever inclination the king of England or the pope might at this time (A. D. 1156) have for the fubje&ion of Ireland, the fituation of the Englifti affairs obliged him to defer it for fome time. 4 I he ftate of Ireland, as we have already obferved, Ireland, was at this time extremely favourable for an invafion. —'-v-—■ The monarch enjoyed little more than a titular dignity, 7 being haraffed by a faftion, and oppofed by powerful Sndat rivals.. A number of chieftains who affumed the title that time, and rights of royalty, paid a precarious tribute to their fuperior, and united, if they were difpoled to unite, with him, rather as his allies than his fubjefts. In Ulfter, the family of the northern Hi-Nia/, as it was called, exercifed a hereditary jurifdidtion over the counties now called Tyrone, Derry, and Donnegal. I hey alfo claimed a right of fupremacy over the lords of Fermanagh, Antrim, and Argial, wffiich included the counties of Armagh, Monaghan, Lowth, and fome adjacent diftrifls j while Dunleve, prince of Uladh (now Down), difputed the fuperiority of this family, and affedled an independent ftate. In Munfter reign¬ ed the defcendants of Brien, a famous fovereign of former times, impatient to recover the honours of their family j but at laft, being confined by powerful rivals to the territory of North Munfter, they were obliged to leave the family of Mac Arthy fovereigns of Defmond, the fouthern divifion. In Connaught, the princes known by the name of O^Connor were ac¬ knowledged fovereigns of the eaftern territory. Tier- nan O’Ruarc, an aftive and reftlefs military chief, had the fupremacy in Breffney, containing the modern county of Leitrim, and fome adjacent diftrifts. Meath, or the fouthern Hi-Nial, was fubje6t to the family of Clan-Colman, Murchard O’Malachlyn, and his fuc- ceffors. Leinfter, divided into feveral principalities, was fubjeft to Dermod, a fierce, haughty, and op- preffive tyrant. His father had governed with great cruelty. Seventeen of his vaffal lords had been either put to death, or had their eyes put out, by his order in one year 3 and Dermod feemed to inherit too great a portion of the fame temper. His ftature and bodily ftrength made him admired by the inferior orders of his fubje&s 3 and thefe he was careful to protect and favour. His donations and endowments of religious houfes recommended him to the clergy 3 but his tribu¬ tary chieftains felt the wreight of his pride and tyranny, and to them his government was extremely odious. The chief competitors for the rank of monarch of Ireland, in the mean time, were, the heirs of the two houfes of O’Connor, and the northern Hi-Nial. Tor- logh O’Connor was in poffeffion 3 but he was not ge¬ nerally recognifed, and was oppofed by his rival O’- Lochlan : notwithftanding which, he maintained his dignity wfith magnificence and vigour, till a decifive vi&ory gained by him over O’Brien raifed O’Lochlan’s jealoufy fo much, that he obliged him in a convention - of the ftates to allow him the fovereignty of the north¬ ern divifion. In confequence of this partition, it was refolved to transfer the territory of O’Ruarc to a perfon more inclined to the interefts of the two fovereigns. An expedition wras accordingly undertaken 3 O’Ruarc was furprifed, defeated, and driven from his dominions. Dermod, who had conceived an unlawful paffion for Dervorghal, the wife of O’Ruarc, took the opportu¬ nity of her hufband’s diftreffes to carry her off in tri¬ umph. O’Ruarc conceived the moll implacable refent- ment againft Dermod ; and therefore applying himfelf to Torlogh, promifed an inviolable attachment to his intereft 3 and prevailed on him not only to reinftate him Ireland. 8 Dermod an exiled prince, fo- licits tfffift- ance from Henry II. IRE [ 325 ] IRE him in his poffefiions, but to revenge the infult offered by Dermod, and to reftore his wife- By means of fuch a powerful ally, O’Ruarc found frequent oppor¬ tunities of harafling his antagonift till the death of Torlogh, which happened in 1156, upon which O’Lochlan fucceeded to the fovereignty. Dermod was the firfl to acknowledge the authority of this new fovereign, by whofe means he hoped to be able to re¬ venge himfelf on O’Ruarc. He foon found, however, that he had afted too precipitately. His patron, ha¬ ving treacheroufly feized and put out the eyes of Dun- leve prince of Down, the neighbouring chieftains took arms, in order to fecure themfelves from his barbarity. O’Lochlan was defeated and killed j upon which the monarchy devolved on Roderic the fon of the late Tor¬ logh O’Connor. The new prince had acquired the reputation of va¬ lour, and w-as determined to eftablilh this reputation by fome remarkable exploit in the beginning of his reign. Having therefore engaged in his fervice the Oilmen, or defcendants of the Danes, he marched a- gainft Dermod as the chief partizan of his fallen rival. The king of Leinlfer w'as feized with the utmoft con- fternation ; and in defpair fet fire to his own town of Ferns, left the enemy fhould have the fatisfadlion of fpoiling it. Roderic ftill advanced, attended by O’Ru¬ arc, Dermod’s implacable enemy, and foon overran the whole province. All the inferior lords at once acknowledged Roderic’s authority. Dermod was depo- fed, as a man utterly unworthy of his ftation j another of his family was raifed to the throne 5 and the unfor¬ tunate prince, finding it impoflible to ftay with fafety in Ireland, embarked with 60 of his followers for England, and foon arrived at the port of Briftol, with a defign to folicit affiftance from King Henry. In England, Dermod’s chara&er wras unknown, and he was regarded as an injured prince driven from his throne by an iniquitous confederacy. The clergy re¬ ceived him as the benefaftor of their order, and enter¬ tained him in the monaftery of Auguftines with great hofpitality. Having learned that Henry was then in Aquitain, he immediately went thither, and in a very abjeft manner implored his afiiftance, promifing to ac¬ knowledge him as his liege lord, and to hold his do¬ minions, which he was thus confident of regaining, in vaffalage to Henry and his heirs. Though nothing could be more flattering to the ambition of the king of England than this fervile ad- drefs, yet the fituation of his own affairs rendered it impoflible for him at that time to reap from it any of the advantages with which it flattered him. He there¬ fore difmiffed the Irilh prince with large prefents, and a letter of credence addreffed to all his fubjefts : noti¬ fying his grace and protetlion granted to the king of Leinfter *, and declaring, that whofoever within his dominions ftiould be dilpofed to aid the unfortunate prince in the recovery of his kingdom, might be affured of his free licence and royal favour. Dermod returned to England highly pleafed with the reception he had met with ; but notwithftanding the king’s letter, none of the Englifh feemed to be difpofed to try their fortunes in Ireland. A month elapfed without any profpedt of fuccours, fo that Der¬ mod began to defpair. At laft, however, he perfuad- ed, with great promifes, Richard earl of Chepftow, or, as it was formerly called, Strigul, a nobleman of confi- Ireland, derable influence in Wales, but of broken fortune, to v aflift him with a confiderable force to be tranfported perfu5ades next fpring into Ireland. Overjoyed at this firft in-fome ad- ftance of fuccefs, he advanced into South Wales, where, venturers by the influence of the bilhop of St David’s, he pro- t0 foilcn^e cured many other friends. Robert Xitz-Stephen, aj'^ brave and experienced officer, covenanted with him to engage in his fervice with all his followers, and Maurice Fitz-Gerald his maternal brother j while Dermod on his part, promifed to cede to the two principal leaders, Fitz-Stephen and Fitz-Gerald, the entire dominion of the town of Wexford, with a large adjoining territory, as foon as by their affiftance he Ihould be reinftated in his rights. The Iriffi prince having now accompliffied his pur- pofe, fet fail for Ireland in the winter of 1169, and recovered a fmall part of his dominions even before the arrival of his new allies ; but being attacked with a fuperior force by his old enemies Roderic and O’Ruarc, he found himfelf obliged to feign fubmif- lion till the Engliffi allies came to his affiftance. The expected fuccours arrived in the month of May 1170, in a creek called the Bann, near the city of Wexford, Robert Fitz-Stephen commanded 30 knights, 60 men in armour, and 300 archers. With thele came Har¬ vey of Mountmorris, nephew^ to Earl Richard. He had no military force along with him j but came folely with a view of difcovering the nature of the country, and reporting it to his uncle. Maurice of Pendergaft commanded 10 knights and 200 archers : and thus the Engliffi force, which w'as to contend with the whole ftrength of Ireland, amounted to no more than 600 men. 10 Trifling as this affiftance may feem, it neverthelefs Their fuc- changed the face of affairs almoft inftantaneoufly.ce^' Numbers of Dermod’s fubjefts who had abandoned him in his diftrefs, now flocked to his ftandard. Wex¬ ford W’as immediately attacked, and furrendered in a few days ; Fitz-Stephen and Fitz-Gerald were jointly invefted with the lordffiip of this city and its domain j and Harvey of Mountmorris was declared lord of two confiderable diftrifts on the coaft. After three or four weeks fpent infeafting and rejoicing, a new expedition, was undertaken again,, .he prince of Oflbry (a diftrifl of Leinfter), who had not only revolted from Dermr; but put out the eyes of one of his fons, and that with fuch cruelty, that the unhappy youth expired under the- operation. The allied army was now increafed to 3000 men, who were oppofed by the prince of Offory at the head of 5000, ftrongly entrenched among woods and moraffes. By the fuperior condutt of the Englifti troops, however, the Iriffi were decoyed from their advantageous fituation, and thus were entirely defeat¬ ed. The Engliffi were for keeping the field till they- had totally reduced their enemies: but Dermod, accu- ftomed only to ravage and plunder, contented himfelf with deftroying the country ; and a hidden reverfe of fortune feemed ready to take place. The prince of Oflbry, though defeated, ftill appeared in arms, and only waited for an opportunity of again oppofing the enemy in the field. Maurice Pendergaft alfo joined him with his whole troop, being provoked by Der¬ mod, who had refufed him leave to return to Wales. This defection, however, was in part fupplied by the arrival. IRE [ 326 ] IRE Ireland, arrival of Fitz-Gerald with 10 knight?, 30 horfe- ^men, and ICO archers, Pendergaft in a fli<3rt time re¬ pented of his new alliance, and retired into Wales j fo that the prince was obliged to make his fubmiffion to Dermod, which the latter with fome reluctance ac¬ cepted. In the mean time, Roderic, having fettled all his other affairs, advanced againft the allies with a power¬ ful army. Dermod was thrown into defpair 5 but en¬ couraged by Fitz-Stephen, he encamped in a very flrong lituation, where hewasfoon befieged by Roderic. The latter, however, dreading the valour of the Eng- lifh, condefcended to treat firft with them, and then with Dermod, in order to detach them from the inte- refts of each other : but as this proceeded evidently from fear, his offers were rejeCled by both parties j upon which he began to prepare for battle : but at the very time when the engagement ftiould have commen¬ ced, either through the fuggeftions of his clergy, or of n his own fears, Roderic entered into a new negociation ^ Peace con- which at laft terminated in a peace. The terms w ere, c uded. t|iat Derrriocl (hould acknowledge the fupremacy of Roderic, and pay him fuch fervice as the monarchs of Ireland had ufually received from inferior princes ; and as a fecurity for his faithful performance of this article, he delivered up his favourite fon as an hoftage to Roderic : but in order to eftablilh this accommoda¬ tion on the firmeft balls, the latter obliged himfelf to give his daughter in marriage to the young prince as foon as Leinfter Ihould be reduced, and the peace of the ifland effe&ually reltored. By a fecret article, Dermod engaged to difmifs the Britilh forces immediately after the fettlement of his own province, and in the mean time not to bring over any further reinforcements from England. Ihus ended the firft Britilh expedition into Ireland; the confequences of which were fo little dreaded at that time by the natives, that their hiftorians, though they dwell upon the principal wars and contefts in other parts of the ifland, fpeak of the fettlement of the Wellhmen in Leinfter with a carelefs indifference. But though the fettlement of this colony feemed very little alarming to the generality, it could not efcape the ob- fervation of difcerning perfons, that a man of Dermod’s character would not long keep his treaties; and that on the firft emergency he would have recourfe to his former allies, who thus would ertablilh themfelves more i2 and more, till at laft they would reduce the country New ma- entirely under their fubje&ion. Thefe refleftions, if donations any fuch were then made, were in a ftiort time verified, ef Dermod. Dermod was fcarce fettled in his own dominions, when he began to afpire at the fovereignty, and form fchemes for dethroning Roderic. He applied to Fitz- Stephen and Fitz-Gerald ; by whom he was again di¬ rected to apply to Richard earl of Chepftow, more commonly known by the name of Strongbow, op ac¬ count of his feats of archery. Richard was very much inclined to accept of his invitation ; but thought it in¬ cumbent upen him firft to obtain the confent of King Henry. I he king, however, did not incline that his fubjeCts Ihould make conquefts for themfelves in any other country, and therefore difmiffed Richard with an equivocal anfwer *, but the latter being willing to un- derftand his fovereign’s words in the raoft favourable ?enfe, immediately fet about the neceffary preparations for his expedition. In May 1171, Raymond le Gros, Ireland, Richard’s domeftic friend, and the near relation of*-— Fitz-Stephen and Fitz-Gerald, landed at a place called : nf^ bo Dondonalf, near Waterford, with 10 knights and 70 dy of Engl archers ; and along with them came Harvey of Mount-arrive morris, attended by a fmall train. The Englifti imme-in Ireiand* diately intrenched themfelves, and erefted a temporary fort for themfelves : which proved a very neceffary pre¬ caution ; for the natives, juftly attributing this new debarkation to the pra&ices of Derniod, inftantly formed a tumultuous army, and marched to expel the invaders. The Engliftr prepared to meet them ; but when they perceived the great fuperiority of the ene¬ my, they thought proper to retire to their fort. Here, however, they muft have been totally cut off, had they not luckily collefted a numerous herd of cattle from the neighbouring country for their fubfiftence. Thefe Tlie.-riue- they drove with fury among the Irifti, who were thuscefs and put into the utmoft confufion. The invaders feized cruelti,* the favourable moment; ahd, falling upon their dif- ordered enemies, put them to flight, and drove great numbers of them into the fea, where they periftied. Seventy prifoners were taken, all of them principal ci¬ tizens of Waterford ; who, though they offered large fums for their ranfom, and even that the city Ihould be delivered up to the Englifti, were all barbaroully put to death. This fuecefs and cruelty fo intimidated the Irifh, that they fuffered thefe mercilefs invaders to maintain their ftation unmolefted, and wait for the ar¬ rival of their affociates. Richard in the mean time having affembled his vaf- fals, led them through Wales, where he was joined by great numbers of other adventurers ; but, when juft on the point of embarking, was furprifed by a pofitive command from the king, to defift from his intended enterprife, on pain of forfeiture of his lands and ho¬ nours. He was now, however, too much interefted in his fcheme to retrafl ; and therefore pretended to J(. dilhelieve the authenticity of the royal mandate. On Earl Rich- the eve of the feaft of St Bartholomew', he landed atard arrive* Waterford with 200 knights and 1200 infantry, allWith a chofen and well appointed foldiers. They were iro-]. mediately joined by Raymond and his troop ; and thement. very next day it was refolved to make an attempt upon Waterford. The city was taken by ftorm, and a dreadful maffacre enfued ; to which the cruel Dermod had the merit of putting an end. The marriage of Richard with Eva, the daughter of Dermod, was fo- lemnized without delay, and a feene of joy and feftivi- ty fucceeded the calamities of w’ar. A new expedition was now undertaken againft; Dublin ; the inhabitants of which had either manifeft- ed fome recent difaffeclion to Dermod, or had never been thoroughly forgiven for their old defeftion. Ro¬ deric advanced againft the allied army with a formi¬ dable body, confifting, as is faid, of 30,000 men j but, fearing to come to a general engagement, he contented himfelf with fome flight flcirmilhes; after which, great part of his vaffals forced him to difmifs them, and Dublin was left to its fate. The inhabitants were treated very feverely ; however, a confiderable body of them, with Hefculph their governor, had the good fortune to gain fome vtffels lying in the har¬ bour, and made their efcape to the northern iflands. Earl Richard was now invefted with the lordfliip of Dublin I R E r 327 ] I R E Ireland. Dublin ; and appointed Milo de Cogan, a brave Eng- lidi knight, his governor j while he himfelf, in con- junflion with the forces of Dermod, overran the coun¬ try of Meath, committing everywhere the motl horrid cruelties. Roderic, in the mean time, unable to op- pofe them in the field, fent deputies to Dermod, com¬ manding him to retire, and putting him in mind that his fon was in his hands, and mult anfwer with his life for the breach of thofe treaties which his father made fo little fcruple to violate. Natural affection, however, had very little place in the breaft of Dermod. He ex- preffed the utmoft indifference about his fon j and, with the greateft arrogance, claimed the fovereignty of all Ireland ; Roderic, provoked at this anfwer, cut off the young prince’s head. This piece of impotent cruelty ferved only to make the king odious to his own fubjefts, while Dermod and his Englilh allies committed everywhere the greateft devaftations, and threatened to fubdue the whole ifland. This indeed they would probably have accompli died, had not the extraordinary fuccefs of Strongbow alarm¬ ed King Henry 5 who, fearing that he might render himfelf totally independent on the crown of Britain, iffued his royal edict, ffridtly forbidding any Englilh 1(S veffel from palling into Ireland with men, arms, or All the ad-pr°vifions 5 and commanding all his fubjedis at that venturers time refident in Ireland, of whatever rank or degree, recalled by j-0 retUrn to their country before the enfuing feaft of king- Darter, on pain of forfeiting their lands, and being de¬ clared traitors. Our adventurers were plunged into the greateft di- ftrefsv by this peremptory edidt. They now found themfelves cut off from all fupplies in the midft of their enraged enemies, and in danger of being forfaken by thofe who had attached themfelvos to them during their fuccefs. Raymond was difpatched with a moft fubmiffive meffage to the offended monarch *, but be¬ fore he received any favourable anfwer, every thing *See£«§-- w'as thrown into confufion by the death of Becket *, fo land, N° that the king had neither leifure nor inclination to at¬ tend to the affairs of Ireland. About the fame time the death of Dermod their great ally feemed almoft to Diftreis of give a finilhing ftroke to the Englilh affairs. An uni- tne jingtifti. yerfaj defedlion took place among their affociates ; and before they had time to concert any proper meafures, Hefeulph, who had formerly efcaped from Dublin, appeared before that city with a formidable body of troops armed after the Danifh manner. A furious at¬ tack enfued •, which at laft ended in the defeat and captivity of Hefeulph, who was immediately put to death. This danger, however, was foon followed by y one ftill greater. Roderie had formed a powerful confederacy with many of the Itilh chieftains, and the kings of the northern iftes, in order to extirpate the Englifh totally from the ifland. The harbour of Dublin wa-; block*'! up by a fleet of 30 (hips from the northern ifles ; while the confederated Inlh took their ftations in fuch a manner as to furround the city, and totally cut off all fupplies of provifions. In two months time the Englifh were reduced to great rtraits* On the fi’ ft alarm, Richard had fent for alfiftance to Eitz-Stephe.n ; who having weakened his own force, in order to ferve the earl, the people of Wexford had rifen and befieged Fitz-Stephen in his fort called Car- rigj near that city. A mefienger now arrived, informing Ireland 115, 12c. i? 18 Strongbow that his friend was in the utmoft danger, and muft fall into the hands of his enemies if not affift- ' ed within three days ; upon which a council of war was called, in order to deliberate on the meafures neceffary to be purfued in this defperate emergency. It was foon relblved to enter into a treaty with Roderic-upon any terms that were not totally lervile or oppreffive. Lau¬ rence prelate of Dublin was appointed to carry the terms which were, that Richard propofed to acknow¬ ledge Roderic as his fovereign, and to hold the pro¬ vince of Leinfter as his vaffal, provided .ic w'ould raife the liege. Laurence foon returned with an anfwer, pro¬ bably of 1 is own framing ; namely, thatDublin, Water¬ ford, Wexford, and all the forts poffeffed by the Britifh, fhould be immediately given up •, and that the earl and his affociates ftiould depart with all their forces by a cer¬ tain day, leaving every part of the ifland free from their ufurpations, and abfolutely renouncing all their pretend¬ ed claims. On thefe conditions they w ere to be fpared but the leaft relufiance or delay would determine the befiegers to ftorm the city. Thefe terms, though they contained nothing info- lent or unreafonable, confidering the prefent fituation of the Englilh, were yet intolerable to our indigent adventurers. After fome time fpent in filence, Milcr de Cogan, fuddenly ftarting up, declared his refolu- tion to die bravely rather than fubmit to the mercy of barbarians. The fpirit of defperate valour was in» ftantly caught by the whole aflembly ; and it was re- folved to rilk their whole fortune on one defperate ef¬ fort, by fallying out againft the enemy, and to make their attack upon that quarter where Roderic himfelf commanded. Accordingly, having perfuaded a body They totali of the townfmen to take part in this defperate enter-ly defeat prife, they marched out againft their enemies, who1-11.6^ene' exported nothing lefs than fuch a ludden attack. heull£S‘ befiegers were fecure and cardefi, without difeijrtine or order j in confequence of which, they were unable to fuftain the furious affault of the Englifti. A terrible {laughter enfuedj and the Irilli inftantly fled in the greateft confufion *, their monarch himfelf elcaping on¬ ly by mixing half naked with the crowd; The other chieftains who were not attacked caught the panic, and broke up their camps with precipitation ; while the vic¬ tors returned from the purfuit to plunder, and among other advantages, gained as much provifion as was fuf- ficient to fupport them for a whole year. Strongbow being thus relieved from his diftrefs, committed the government of Dublin to Milo de Co¬ gan, while he proceeded immediately to Wexford, in order to relieve Fitz-Stephen j but in this he was dif- appointed j for that brave officer, having often repulfed his enemies, was at laft treacheroufly deceived into fub- miffion and laid in irons. Strongbow, however, conti¬ nued to advance •, and w'as again attacked by the Iriffi, whom he once more defeated. On his arrival at Wex¬ ford, he found it burnt to the ground j the enemy having retired with Fitz-Stephen and the reft of the prifoners. to Holy Ifland, a ftnall ifland in the middle of the har¬ bour, from tvhence the.y fent a deputation, threatening to put all the prifoners to-death if the leaft attempt was made to moletf them in their prefent fituation. The earl then proceeded to Waterford, and from thence to Ferns •, where he for fome time exercifed a regal autho¬ rity, rewarding his friends and punilhing his enemiego 4-c I R E Ireland. 19 Earl Rich¬ ard fum- moned to England. 20 Xing Hen¬ ry lands in Ireland. A more important objeft, however, foon engaged his attention. The king of England, having fettled his affairs as well as he could, now determined to conquer Ireland for himfelf. A fummons was inftantly dif- patched to Earl Richard, exprefling the greateft refent- ment at his prefumption and difobedience, and requir¬ ing his immediate prefence in England. The earl found himfelf under the neceflity of obeying; and hav¬ ing made the beft difpofitions the time would permit for the fecurity of his Irifh pofTeflions, embarked for England, and met the king at Nevvnham, near Glou- cefter. Henry at firft affe&ed great difpleafure, but foon allowed himfelf to be pacified by a furrender of the city of Dublin, and a large territory adjacent, to¬ gether with all the maritime towns and forts acquired by Strongbow: while on his part he confented that the earl fhould have all his other poffeflions granted in per¬ petuity, to be held of the king and his heirs. The other adventurers made their peace in a fimilar man¬ ner ; while the Irifh chieftains, inflead of uniting in the defence of their country, only thought how to make the mofl: of the approaching invafion, or at lead how to avert the threatened evils from their own par¬ ticular diftrifts. I hey faw the power of their own fovereign on the point of total diffolution ; and they faw it with indifference, if not with an envious and malignant fatisfadlion. Some were even ready to pre¬ vent their invader, and to fubmit before he appeared on the eoaft. The men of Wexford, who had poffef- fed themfelves of Eitz-Stephen, refolved to avert the confequences of their late perfidy and cruelty, by the forwardness of their zeal for the fervice of the king of England, and the readinefs of their fubmiflions. Their deputies call themfelves at Henry’s feet; and, with the mod paflionate expreflions of obedience, humbly untreated that he would accept them as his faithful vaf- fals, ready to refign themfelves, their lands, and pof- lefiions, to his abiolute difpofal. “ They had already (they laid) endeavoured to approve their zeal by feizing Rooert Fitz-Stephen, a traitor to his fovereign, who had lately entered their territory by force of arms, without any due warrant or fair pretence, had flaugh- tered their people, feized their lands, and attempted to edablifh himfelf independent of his liege lord. They kept him in chains, and were ready to deliver him to the difpofal of Ids fovereign.”—The king re¬ ceived them with expreflions of the utmoft grace and favour; commended their zeal in reprefling the unwar¬ rantable attempts of Fitz-Stephen ; declared that he Ihould foon inquire into his crimes, and the wrongs they had fuflamed, and intiift condign puniihment for every offence committed by his undutiful fubjeas.— Thu^ were the Irilhmen difmiffed in the utmort joy and exultation; and the artifice of Henry, while it infpired thefe men with difpofitions favourable to his interefts, proved alfo the moft effeaual means of faving Fitz- Stephen from their cruelty. Henry, having completed the preparations neceffary for his expedition, embarked at Milford with feveral of his barons, 400 knights, and about 4000 foldiers, on board a fleet of 240 fail. He landed at Water¬ ford on the feaft of St Luke in 0£lober 1172, with a profeffed defign not to conquer, but to take poffeflion of a kingdom already his own, as being granted him by the pope. Moft of the Irifli indeed feemed to be [ 328 ] IRE of the fame opinion, and therefore fubmitted without Ireland, the leaft refiftance. Strongbow fet them an example, by making a formal furrender of Waterford, and do¬ ing homage to the king for the territory of Leinfter. Fitz-Stephen was delivered up, with many accufations of tyranny and injuftice. He was at firft fent to pri- fon ; but foon purchafed his liberty, by furrendering Wexford, and doing homage for the reft of his poffef- 2t fions to the king. The prince of Defmond was the Many Irr^ firft Irifli chieftain who fubmitted. On the very day chieftains after the king’s arrival, he attended his court, religned fubmit t(* the city of Corke, did him homage, and ftipulated tohira‘ pay a tribute for the reft of his territory. An Eng- lifli governor and garrifon were immediately appointed to take poffeflion of his capital; and the king dilplayed his power and magnificence by marching to Lifmore, where he chofe a lituation and gave the neceffary or¬ ders for building a fort. The prince of Thomond next fubmitted and did homage. He w as followed by the princes of Offory, Decies, and all the inferior chiefs of Munfter. The king, after having provided for the fecurity of all his newly acquired territories, and put garrilons in the cities of Limerick, Corke, Waterford, and Wex¬ ford, proceeded to take poffeflion of Dublin, which had been furrendered by Strongbow. The neighbour¬ ing lords took the opportunity of fubmitting as he ad¬ vanced. O’Carrol of Argial, a chieftain of great con- fequence, repaired to his camp, and engaged to be¬ come his tributary; and even O’Ruarc, w hom Roderic had made lord of a confiderable part of Meath, volun¬ tarily fubmitted to the new fovereign. Roderic, though furprifed at the defection of foR04earic many of his allies, ftill determined to maintain his ownftill holds dignity, and at leaft preferve his province of Con-out. naught, feeing he could no longer call himfelf monarch of the w'hole ifland. With this defign he entrenched himfelf on the banks of the Shannon ; and now, w'hen difencumbered from a crowd of faithlefs and difcon- tented followers, he appears to have afted with a fpi- rit and dignity becoming his ftation. Hugh de Lacey and William Fitz-Andelm w^ere commiffioned by the king to reduce him : but Roderic was too ftrong to be attacked with any probability of fuccefs by a de¬ tachment from the Englifh army; and he at leaft af- fefted to believe, that his fituation was not yet fo to¬ tally defperate as to reduce him to the neceflity of re- figning his dignity and authority, while his own terri¬ tory remained inviolate, and the brave and powerful chiefs of Ulfter ftill kept retired in their own diftrifts without any thoughts of fubmifiion. Henry in the mean time attempted to attach the Irifti lords to his in- tereft by elegant and magnificent entertainments, fuch as to them appeared quite aftonilhing. Some hiftorians pretend that he eftabliflied the Englifh laws in all thofe parts which had fubmitted to his jutifdiftion ; but this muft appear extremely improbable, when we confider how tenacious a rude and barbarous people are of their ancient laws and cuftoms. The Iriih lords had been accuftomed to do homage to a fuperior; and they had made no fubmiflion to Henry which they had not for¬ merly done to Roderic, and probably thought their fubmiflion to the king of England more honourable than that to their Irifh monarchs ; and it cannot be fuppofed, that a wife and politic monarch, fuch as Henry Ireland. ^3 Henry ob- liged to Jeave Iic- iand. IRE [ 3 Henry undoubtedly was, fliould form at once fuch an *" extravagant fcheme as altering the laws of a great num¬ ber of communities, none of which he had fubdued by force of arms. By his tranfa&ions both with the na¬ tives and adventurers, however, Henry had attained the abiblute dominion of feveral maritime cities and their dependencies ; fo that he had both a confiderable number of real fubje&s, and a large extent of territo¬ ry, in the ifland. To thefe fubjefts indeed Henry granted the Englifh laws j and gave the city of Dublin by charter to the inhabitants of Briftol, to be held of him and his heirs, with the fame liberties and free cuf- toms. which they enjoyed at Britlol, and throughout all his land. And, by another charter, executed foon after, he confirmed to his burgeffes of Dublin all man¬ ner of rights and immunities throughout his whole land of England, Normandy, Wales, and Ireland, wherever they and their effefts fhall be, to be fully and ■honourably enjoyed by them as his free and faithful fubjects. And as it was not eafy to induce his Eng- lifli fubje&s immediately to fettle in thefe maritime towns, he permitted the Oilmen to take pofieffion of Waterford ; and to them he granted a particular right of denization, whereby they were inverted with the rights and privileges of free fubje&s, and for the fu¬ ture to be governed by the laws of his realm. For the better execution of thefe new laws, the king alfo made a divifion of the.diftridls now fubjebl to him into Ihires or counties 5 which was afterwards improved and en¬ larged, as the extenfion of the Englilh fettlements and the circumftances of the country required. Sheriffs were appointed both for the counties and cities, with itinerant judges, and other minifters of juftice, and officers of ftate, and every appendage of Engliffi go¬ vernment and law. To complete the whole iyftem, a chief governor, or reprefentative of the king, was ap¬ pointed. His bufinefs was to exercife the royal au¬ thority, or fuch parts of it as might be committed to him in the king’s abfence 5 and, as the prefent ftate of Ireland, and the apprehenfions of war or infurrec- tions, made it neceffary to guard againft fudden accidents, it was provided. That in cafe of the death of any chief governor, the chancellor, treafurer, chief- juftice, and chief Baron, keeper of the rolls, and king’s ferjeant at law, rtiould be empowered, with confent oi the nobles of the land, to elect a fucceffor, who was to exercife the full power and authority of this office, until the royal pleafure Ihould be further known. But while Henry was thus regulating the govern¬ ment of his new dominions, he received the unwel¬ come news, that two cardinals, Albert and Theodine, delegated by the pope, had arrived in Normandy the year before, to make inquifition into the death of Bec- ket ; that having waited the king’s arrival until-their patience was exhaufted, they now fummoned him to appear without delay, as he would avert the dreadful lenience of excommunication, and preferve his domi¬ nions from a general interdidl. Such denunciations were of too great confequence to admit of his longer ftay in Ireland 5 he therefore ordered his forces and the officers of his houfehold to embark without delay, referving three fhips for the conveyance of himfelf and his immediate attendants. Having therefore but a /hort time to fecure his Irilh interefts, he addrelfed Vol. XI. Part I. Ireland.. 29 ] IRE himfelf to the original Englifh adventurers, and by grants and promifes laboured to detach them from Strongbow, and to bind them firmly to himfelf. To make_amends for what he had taken from Fitz-Stephen, he granted him a confiderable diftrhft in the neigh¬ bourhood of Dublin, to be held by knight’s fervice j at the fame time entrufting the maritime towns to his own immediate dependants. Waterford was commit¬ ted to Humphrey de Bohun, Robert Fitz-Bernard, and Hugh de Gundville, with a train of 20 knights. In Wexford were ftationed William Fitz-Andelm, Philip of Haftings, and Philip de Braofa, with a like number of attendants. Hugh de Lacey had a grant of all the territory of Meath, where'there was no fortified place, and where of confequence no parti¬ cular refervation was neceffary, to be held of the king and his heirs, by the fervice of 50 knights, in as full a manner as it had been enjoyed by any of the Irifli princes. He alfo conftituted him lord governor of Dublin, with a guard of 20 knights. Robert Fitz- Stephen and Maurice Fitz-Gerald were appointed his coadjutors, with an equal train j and thefe, with others of the firft adventurers, Avere thus obliged, under the pretence of an honourable employment, to refide at Dublin, fubjeft to the immediate infpe&ion of De Lacey, in whom Henry feems to have placed his chief confidence. Lands were affigned in the neighbour¬ hood of each city for the maintenance of the knights and foldiers. Orders were given to build a caftle in Dublin, and fortreffes in other convenient places; and to John de Courcey, a baron diftinguithed by his en- terprifing genius and abilities for war, was grs#rted the whole province of Ulfter, provided he could reduce it by force of arms. Henry was no fooner gone, than his barons began Disorders to contrive how they might belt {Lengthen their own enllle on, interefts, and the Irifti how they might beft (hake off jhek'nji S the yoke to which they had fo readily fubmitted. De ei)aitum Lacey parcelled out the lands of Meath to his friends and^ adherents, and began to. ereft forts to keep the old inhabitants in awe. This gave offence to O’Ruare, who ftill enjoyed the eaftern part of this territory as a tributary prince. He repaired to Dublin, in order to obtain redrefs from Lacey for fome injuries real or pre¬ tended $ but, as the parties could not come to an agree¬ ment, another conference was appointed on a hill call¬ ed Taragh. Both parties came Avith a confiderable train of armed followers $ and the event was a fcuffle, in which O’Ruarc and feveral of his followers were kill¬ ed, and which ferved to render the Englifli not a little odious to the natives. The fpirit of difaffe£lion had foon after an oppor¬ tunity of fliowing itfelf on the rebellion of King Henry’s fons, of which an account is given under the article England, N° 121, et feq. The king had been obliged to weaken his forces in Ireland, by AvithdraAV- ing feveral of his garrifons. The foldiers Avho re¬ mained were alfo difcontented Avith their general Her- vey of Mountmorris, on account of his feverity in dif- cipline, and rellraining them from plunder, to which they imagined themfelves entitled on account of the deficiencies of their pay. Raymond le Gros, the fe- cond in command, was much more beloved by the foldiery j and to fuch a height had the jealoufies be¬ tween the commanders arifen, that all effectual op- T t pofitiosr IRE [ 33° .3 Ireland, pofition to the Irifli chieftains was prevented; and arrival, the event might have been fatal to the Engliih inte- reft, had not Henry found out a remedy. He fum- . moned Earl Richard to attend him at Rouen in Nor¬ mandy, and communicated his intentions of commit¬ ting the affairs of Ireland to his foie direction. The earl expreffed the utmoff readinefs to ferve his matter ; butobferved, that he had already experienced the envy and malignity of his fecret enemies •, that if he Ihould appear in fuch a diftinguilhed character as that of the king’s deputy in Ireland, their infidious pradtices would be renewed, and his conduct mifreprefented.— He therefore requefted that a colleague might be ap¬ pointed in the commiffion; and recommended Ray¬ mond as a perfon of approved loyalty and abilities, as well as highly acceptable to the foldiery. The king replied, with an affedted air of regard and confidence, that, he had his free confent to employ Raymond in any fervice he ftiould deem neceilary, not as a col¬ league, but as an affiftant; but that he relied entirely on the earl himfelf, and implicitly trufted every thing to his direction. To reward his fervices, he granted him the town of Wexford, together with a fort ere died at Wicklow ; and then difmifled him with the molt gracious expreffions of favour. The earl landed at Dublin, where he was received with all the refpedt due to the royal commiffion. He iignified the king’s pleafure, that Robert Fitz-Bernard, with the garrifon of Waterford, fliould inffantly em¬ bark and repair to Normandy ; that Robert Fitz-Ste- phen and Maurice Pendergaft fhould attend the fervice of their fovereign in England *, and, agreeably to the king’s inftrudfions, took on him the cuftody of the ci¬ ties ot Dublin, Waterford, and Wexford. Hugh de JLacey and Milo de Cogan were, with the other lords, commanded to repair to England for the fervice of the king •, by which the earl’s forces were confiderajffy weakened, and he foon found himfelf under the necef- fity of appointing Raymond to the chief command. The new general proved fuccefsful in fome enterprifes againll the rebellious Irifhj but having prefumed upon his merits to demand in marriage Bafilia the earl’s filler, Richard refufed his confent, and Raymond retired into Wales. Rhus the fupretne command again devolved upon Herv v of Mountmorris j who, being fenfible that his character had fuffered much from a comparifon with that of Raymond, determined to emulate his fuccefles by fome bold attempt againft the rebels. A detach¬ ment of 40o of his men, however, had the misfortune to be furprifed and cut off by the enemy ; and this fuccefs ferved as a fignal for a general revolt. Several of the Leinffer chieftains, who had lately made their fubmiffions, and bound themfelves to the fervice of King Henry, now openly difelaimed all engagements. Even Donald Kevanagh, fon to the late king Dermod, who had hitherto adhered to the Engliffi in their greateft difficulties, now declared againft them, and claimed a right to the kingdom of Leinffer ; while Roderic, on his part, was aftive in uniting the princes of U1 fter, the native lords ©f Meath, and other chiefs, againft. their common enemy. This produced the immediate.recal of Raymond 3 and Richard no longer refufed his conffint to the marriage with his fifter, which was folemnized immediately on Raymond’s 16 A general ) evoit of the Irilh. I R E The very next morning, the bridegroom was Ireland, obliged to take the field againft Roderic, who had '■’"“V- committed great devaftations in Meath. By the vi¬ gorous conduit of the Englith commander, however, he was not only prevented from doing farther mifehief, but at. laft convinced of the folly of refiftance 3 and Roderic therefore determined to make a final fubmiffion. Yet,fubmits confcious of his dignity, he difdained to fubmit to a10^111? fubject 3 and therefore, inftead of treating with EarlIIem'‘ Richard, he fent deputies direftly to the king. The deputies were, Catholicus archbithop of Tuam, the abbot of St Brandan, and Mq/ler Lawrence as he is ftyled, chancellor to the king of Connaught. ^ The terms of this fubmiffion, by which Henry be-0f came foie monarch of Ireland, were as follow: Ro- his fubmif- deric confented to do homage and pay tribute, asfion. liegeman to the. king of England 3 on which condi¬ tion he was allowed to hold the kingdom of Con¬ naught, as well as his other lands and fovereignties, in as ample a manner as he had enjoyed them before the arrival of Henry in Ireland. His vaflals were to hold under him in peace, as long as they paid their tribute and continued faithful to the king of England 3 in which Roderic was to enforce their due obedience, and for this purpofe to call to his affiftance the Eng- lifh government, if neceffary. The annual tribute to be paid was everjr tenth merchantable hide, as well from Connaught as from the reft of the ifland 3 ex¬ cepting thole parts under the immediate dominion of the king of England and his barons, viz. Dublin and Meath with their appurtenances, Wexford and all Leinfter, and Waterford with its lands as far as Dun- garvan inclusive 3 in all w hich diftricls Roderic was not to interfere, nor claim any power or authority.-— The Irifli who had fled from thefe d iff riels were to re¬ turn, and either pay their tribute, or perform the fer¬ vices required by their tenures, at the option of their immediate lords 3 and, if refra£tory, Roderic, at the requisition of their lords, was to compel them to re¬ turn. He w'as to take hoftages from his vafials, fuch as he and his liege-lord fliould think proper 3 and on his part to deliver either thefe or others to the king, according to the royal pleafure. His vaflals were to. furniih hawks and hounds annually to the English mo¬ narch 3 and were not to detain any tenant of his im- ' mediate demefnes in Ireland, contrary to his royal pleafure and command. This treaty was Solemnly ra¬ tified in a grand council of prelates and temporal barons, among whom we find the archbifhop of Dub¬ lin one of the fubferibing witnefles. As metropolitan of Leinfter, he was now become an Englifti Subjecf, and was probably fummoned on this oecalion as one obliged to attend, and who had a right to aftift in the king’s great council. It is alfo obfervable, that Henry now treated with Roderic not merely as a pro¬ vincial prince, but as monarch of Ireland. This is* evidently implied and fuppofed in the articles 3 al¬ though his monarchical powers and privileges were little more than nominal, frequently difregarded and oppofed by the Irifti toparchs. Even by their Sub- miffions to Henry, many of them in cifeft difavowed and renounced the fovereignty of Roderic 3 but now his fupremacy feems to be induftrinufty acknowledged, that the preS’ent fubmiffion might appear virtually the fubmiffion of all the fubordinate princes, and thus the 1.* i -n rr > Ireland. iang ‘ R E [5 of England be invefted with the Sovereignty of 29 Caufes of the fubfe- quent dif- trefles of Ireland. the whole iiland. The marks of l"o\rereignty, however, were no more than homage and tribute ; in every other particular the regal rights of Roderic were left invio¬ late. The Englifh laws were only to be enforced in the Englifn pale : and, even there, the Iriih tenant might live in peace, as the fobjeft of the Iriih mo¬ narch ; bound only to pay his quota of tribute, and not to take arms againft the king of England. But though the whole iiland of Ireland thus be¬ came fobjeft to the king of England, it was far from being fettled in tranquillity, or indeed from having the lituation of its inhabitants mended almoft in any degree. One great occahon of difturbance was, that the Englifh laws were confined only to thofe parts which had been fobdued by force of arms: while the chieftains that had only fobmitted to pay tribute, were allowed to retain the ancient Iriih laws within the limits of their own jurifdi&ions. By thefe old Iriih law's, many crimes accounted capital -with us, foch as robbery, murder, &c. might be compenfated by a fum of money. Hence it happened, that very unequal punhhments wrere infHdled for the fame offence. If one Englifhman killed another, he was punilhed with death ; but if he killed an Irilhman, he was punilhed only by a fine. If an Irifhman, on the other hand, killed an Engliihman, he was certainly punilhed with death : and as in times of violence and outrage, the crime of murder was very frequent, the circumftance juft mentioned tended to produce an implacable hatred between the original inhabitants and the Englilh. As the Irifti laws were thus more favourable to the bar¬ barity natural to the tempers of fome individuals, many of the Englifh were alfo tempted to lay afide the man¬ ners and cuftoms of their countrymen altogether, and to affociate themfelves with the Irifti, that, by becoming fubjedft to their laws, they might thus have an oppor¬ tunity of gratifying their brutal inclinations with lefs controul than formerly ; and in prccefs of time, thefe degenerate Englifh, as they were called, proved more bitter enemies to their countrymen than even the Irifh themfelves. Another caufe of the diftreffes of Ireland was, the great power, of the Englifh barons, among whom Henry had divided the greateft part of his Irifh domi¬ nions. The extent of their authority only inflamed them with a defire for more-, and, inftead of contri¬ buting their endeavours to increafe the power of their fovereign, or to civilize the barbarous people over whom they were placed, they did every thing in their power to counteract: and deftroy each other. Henry himfelf, indeed, feems to have been infected with a very fatal jealoufy in this refpect -, for, though the abilities and fidelity of Raymond had abundantly ma- nifefted themfelves, the king never could allow himfelf to continue him in the government of the itland : and the confequence of degrading him never failed to be a fcene of uproar and confufion. To thefe two reafons we muft likewife add another : namely, that in thofe parts of the kingdom where the Irifh chieftains en¬ joyed the fovereignty, they were at full liberty to make war upon each other as formerly, without the leaft reftrafot. This likewife induced many of the Englifh to degenerate, that they might have an op¬ portunity of (haring the plunder got by thefe petty 31 ] IRE wars; fo.that, on the whole, the if!and was a perpetual Ire’and. fcene of horror, almoft unequalled in the hiftory of any -"“'"v * country. 3Q After the death of Earl Richard, Raymond was im-Fitz-An- mediately elefted to focceed him ; but was fuperfededdelm’s bad by the king, who appointed William Fitz-Andelm, a£overn* nobleman allied to Raymond, to focceed in his place.Iae‘jt’ The new governor had neither inclination nor abilities to perform the talk afligned to him. He was of a rapacious temper, fenfoal and corrupt in his manners 5 and therefore only ftudied to enrich himfelf. The native Irifti, provoked by fome depredations of the Engllfti, commenced hoftilities : but Fitz-Andelm, in¬ ftead of reprefling thefe with vigour in the beginning, treated the chieftains with affedled courtefy and flat¬ tery. This they had fofficient difeernment to fee, and to defpife 5 while the original adventurers had the bur¬ den of the whole defence of the Englijh pale, as the Englifh territories were called, thrown upon the;n, at the fame time that the bad conduct: of the governor was the caufe of perpetual diforders. The confequence of this vas, that the lords avowed their hatred of Fitz- Andelm : the foldiers were mutinous, ill-appointed, and unpaid : and the Irifti came in crowds to the governor with perpetual complaints againft the old adventurers, which were always decided againft the latter ; and this decifion increafed their confidence, without leffening their difaffeflion. In this unfavourable ftate of affairs, John de Cour- cey, a bold adventurer, who had as yet reaped none of the benefits he expefted, refolved to undertake an expedition againft the natives, in order to enrich him¬ felf with their fpoils. The Irifh at that time were gi¬ ving no offence j and therefore pleaded the treaty lately concluded with King Henry : but treaties were of little avail, when put in compofition with the necef- fities of an indigent and rapacious adventurer. The confequence was, that the flame of war was kindled through the whole ifland. The chieftains took advan¬ tage of the war with the Englilh, to commence hoflili- ties againft each other. Defmond and Thomond, in the fouthern province, were diftradted by the jealoufies of contending chiefs, and the whole land was wafted by unnatural and bloody quarrels. Treachery and murder were revenged by practices of the fame kind, in fuch a manner as to perpetuate a focceffion of out¬ rages the moft horrid and the moft difgracefo] to hu¬ manity. The northern province was a fuene of the like enormities; though the new Englifti fettlers, who were confidered as a common enemy, ought, to have united the natives among themfelves. All were equally ftran- gers to the virtues of humanity ; nor was religion,'in the form it then affumed, capable of reftraining thefe violences in the leaft. -r Ireland was thus in a (hort time reduced to fuch aHe isluper- ftate, that Henry perceived the neceffity of recalling ie(*ec* ^ Fitz-Andelm, and appointing another governor. He js- felves White Boys; and’ as thefe were generally of the Romiffi perfuafion, the prejudices againft that fe£I broke forth in the ufual manner. A plot was alleged to have been formed againft government •, French and Spanifti emiflaries to have been fent over to Ireland, and aftually to be employed to affift in carrying it in¬ to execution. The real caufe of this commotion, how¬ ever, was as follows : About the year 1739 mur* rain broke out among the horned cattle in the duchy of Holftein, from whence it foon after fpread through the other parts of Germany. From Germany it reach¬ ed Holland, from whence it was carried over to Eng¬ land, where it raged with great violence for a number of years. The mitigation of the penal laws againft the Papifts about this time encouraged the natives of the fouth of Ireland to turn their thoughts towards agriculture, and the poor began to enjoy the neceffa- ries of life in a comfortable manner. A foreign de¬ mand for beef and butter, however, having become un¬ commonly great, by reafon of the cattle diftemper juft mentioned, ground appropriated to grazing became more valuable than that employed in tillage. I he cottars were everywhere difpoffefled of their little pof- feffions, which the landlords let to monopolizers who could afford a higher rent. Whole baronies were now laid open to pafturage, while the former inhabi¬ tants were driven defperate by want of fubfiftence. Numbers of them fled to the large cities, or emigrated to foreign countries, while thofe whp remained took fmall fpots of land, about an acre each, at an exorbi- Ireland. tant price, where they endeavoured if poffible to pro- v ' f cure the means of protracting a miierable exiftence for themfelves and families. For feme time, thefe poor creatures were allowed by the more humane landlords the liberty of commonage •, but afterwards this was taken away, in defpite of juftice and a pofttive agree¬ ment ; at the fame time, the payment of tythes, and the low price of labour, not exceeding the wages in the days of Queen Elizabeth, aggravated the diftreffes of the unhappy fufferers beyond meafure. In fuch a fituation, it is no wonder that illegal me¬ thods were purfued in expeftation of redrels. d he people, covered with white ftiirts, affembled in parties, at night, turned up the ground, deftroyed bullocks, levelled the inclofures of the commons, and committed other afts of violence. Thefe unavailing efforts were conftrued into a plot againft the government •, num¬ bers of the rioters were apprehended in the counties of Limerick, Cork, and Tipperary, and feme of them, condemned and executed. In different places thefe unhappy wretches, inftead of being looked upon as ob- jefts of compaffion, were profecutcd with the utmoft. feverity. Judge Afton, however, who was fent over to try them, executed his office with fuch humanity as- did him the higheft honour. A moft extraordinary, and affefting inftance of this was, that on his return from Dublin, for above ten miles from Clonmel 1, both fides of the road were lined with men, women, and children ; who, as he paffed along, kneeled down and implored the bleffing of heaven upon him as their guar¬ dian and prote£lor. In the mean time, the violences of the White Boys continued, notwithftanding that many examples were made. T he idea of rebellion was ftill kept up $ and,, without the fmalleft foundation, gentlemen of the firft rank were publicly charged with being concerned in it, infomuch that lome of them were obliged to enter bail, in order to proteft themielves from injury. The Catholics of Waterford gave in a petition to Lord Hertford, the governor in 1765,. in behalf of them¬ felves and brethren, protefting their loyalty and obe¬ dience to government j but no effe&ual ftep was taken either to remove or even to inveftigate the caufe of the difturbances. 66 About two years after the appearance of the White Of the Oak- Boys, a fimilar commotion arofe in Ulfter \ which, ^J73* however, proceeded in part from a different caufe, and was of much (horter duration. By an aft of parlia¬ ment, the making and repairing of highways in Ire¬ land was formerly a grievous oppreffion on the lower ranks of people. An houfekeeper who had no horfe was obliged to work at them fix days in the year; and if he had a horfe, the labour of both was required for the fame fpace of time. Belides this oppreffion, the poor complained that they were frequently obliged to work at roads made for the convenience of individuals, and which were of no fervice to the public. Nor were thefe the only grievances of which the infurgents at this time complained : the tythes exafted by the clergy, w ere faid to be unreaknable, and the rent of lands was more than they could bear. In I 763, therefore, be¬ ing exafperated by a road propofed to be made through a part of the county of Armagh, the inhabitants moft, immediately affefted by it rofe in a body, and decla- Ireland. IRE [ 342 ] red that they would make no more highways of the ken place in the , 67 Of the Steel-boys. kind. As a mark of dillinftion, they wore oak- branches in their hats, from which circumftance they called themfelves Oak-beys. The number of their par- tizans foon increafed, and the infurre&ion became ge¬ neral through the counties of Armagh, Tyrone, Der¬ ry, and Fermanagh. In a few weeks, however, they were difperfed by parties of the military j and die public tranquillity was reftored with the lofs of only two or three lives. The road-a£t, which had been fo jullly found fault with, was repealed next feflion ; and it was determined, that for the future the roads Ihould be made and repaired by a tax to be equally afl'efled ©n the lands of the rich and poor. Befides thefe, another let of infurgents called Steel- boys foon made their appearance, on the following ac¬ count. The ellate of an abfentee nobleman happen¬ ing to be out of leafe, he propofed, inftead of an addi¬ tional rent, to take fines from his tenants. Many of thofe, who at that time poffeffed his lands, were unable to comply with his terms $ while others who could afford to do fo, infilled upon a greater rent from the immediate tenants than they were able to pay. The ufual confequence of this kind of oppreffion in- flantly took place. Numbers being difpoffeffed and thrown deftitute, were forced into afts of outrage fimi- lar to thofe already mentioned. One of thefe charged with felony was carried to Belfaft, in order ^o be com- »mitted to the county gaol 5 but his affociates, provoked by the ufage they had received, determined to relieve him. The defign was eagerly entered into by great numbers all over the country ; and feveral thoufands, having provided themfelves with offenfive weapons, pro¬ ceeded to Belfaft in order to refcue the prifoner. To prevent this, he was removed to the barracks and put under the guard of a party of foldiers quartered there $ but the Steel-boys preffed forward with a determina¬ tion to accomplilh their purpofe by force, and fome fhots were aftually exchanged between them and the foldiers. The confequences would undoubtedly have been fatal, had it not been for a phyfician of highly refpe6table charafter, who interpofed at the rifk of his life, and prevailed on thofe concerned to fet the pri¬ foner at liberty. The tumult, however, was not thus quelled. The number of infurgents daily increafed, and the violences committed by them were much greater than thofe of the other two parties. Some were ta¬ ken and tried at Carrickfergus, but none condemned. It was fuppofed that the fear of popular refentment had influenced the judges j for which reafon an adt w-as paffed, enjoining the trial of fuch prifoners for the future to be held in counties different from thofe where the crimes were committed. This breach of a fundamental law of the conftitution gave fuch of¬ fence, that though feveral of the Steel-boys were af¬ terwards taken up and carried to the caftle of Dub¬ lin, no jury would find them guilty. This obnoxious law was therefore repealed; after which fome of the infurgents, being tried in their refpe&ive counties, were condemned and executed. Thus the commotions were extinguifhed ; but as no methods were taken to remove the caufe, the continued diftreffes of the people drove many thoufands ,cf them into America in a very few years. Ip the mean time a very material alteration had ta- 4 IRE conftitution of the kingdom, with Ireland. 6% Parliament regard to the duration of parliaments. At an early period thefe had continued only for a year j but after¬ wards they were prolonged until the death of a fove- reign, unlefs he chofe to diflblve it fooner by an ex¬ ertion of his prerogative. Thus, from the moment of their eleciion, the commoners of Ireland were in a manner totally independent of the people and under the influence of the crown $ and government foon avail¬ ed itfelf of this power to bribe a majority to ferve its own purpofes. Various methods were thought of to remedy this evil j but all proved ineffectual until the year 1768, when, during the adminiftration of Lord Townlhend, a bill was prepared and fent over to Eng¬ land, by which it was ena&ed, that the Irifti parlia¬ ments thenceforth fliould be held every feven years. It w as returned w’ith the addition of one year j and ever fince the parliaments of this country have been of Ireland oftennial. During this feflion an attempt was made made oc- by the Britifti miniftry to infringe the rights of the tennial- houfe of commons in a very material point. A money- An ^ j.- bill, which had not originated in Ireland, was fent money-biM over from Britain, but was reje&ed in a fpirited man-rejeded. ner. Its rejeftion gave great offence to the lord- lieutenant, who repeatedly prorogued them till the year 1771. The affairs of Ireland began now to draw towards that crifis which effeifted the late remarkable revolu¬ tion in favour of the liberties of the people. The palling of the o&ennial bill had diminilhed, but not taken away, the influence of the crown j and the fitua- tion of affairs between Britain and America had inclined miniftry to make the moft of this influence they could. In 1773 Lord Harcourt, at that time governor of Ireland, exerted himfelf fo powerfully in favour of adminiftration, that the voice of oppofition in parlia¬ ment was almoft entirely filenced. The difficulties, 7^. however, under which the w hole nation laboured began ftat/of/re¬ now to be fo feverely felt, that an addrefs on the fubjt land laid was prefented by the commons to his excellency. In before the this they told him, that they hoped he would lay before iorii‘lieute" the king the ftate of Ireland, reftrifled in its com-liant‘ merce from the Ihort-fighted policy of former times, to the great injury of the kingdom, and the advantage of the rivals, if not of the enemies, of Great Britain. Thefe hardfliips, they faid, were not only impolitic, but unjuft ■, and they told his excellency plainly, that they expedled to be reftored to fome, if not to all their rights, which alone could juflify them to their conftituents for laying upon them fo many burdens during the courfe of this feffion. This reprefentation to the lord-lieutenant produ¬ ced no effeft; and Ireland for fome years longer con¬ tinued to groan under the burden of intolerable re- ftriftions. Thefe had principally taken place in the reign of Charles II. At this time it w as enafted, that 71 beef or live cattle fliould not be exported to England j neither were the commodities of Ireland to be ex- tion, on ported to the American colonies, nor American goods Irilh trade, to be imported to any port in Ireland without firft un¬ loading them in fome part of England or Wales. All trade with Alia was excluded by charters granted to particular companies ; and reftriftions were impofed upon almoft every valuable article of commerce fent to the different ports of Europe. Towards the end of King IRE [ 343 1 I R E Ireland. King William’s reiVn an abfolute prohibition was laid V-"1' on the exportation oF Irifh wool. This reftrittion proved difadvantageous not only to Ireland, but to Great Bri¬ tain herfelf. The French were now plentifully fup- plied by fimiggling with Irifh wool •, and not only en¬ abled to furnifh woollen Huffs fufficient for their own confumpt, but even to vie with the Britilh in foreign . markets* Other reftri&ions confpired to augment the national calamity •, but that which was molt fenfibly felt took place in 1776. “ There had hitherto (fays Mr Crawford) been exported annually to America large quantities of Irilh linens *, this very confiderable fource of national advantage was now (hut up, un¬ der pretence of rendering it more difficult for the enemy to be fupplied with the means of fubliltence j but in reality, to enable a few rapacious Englilh contractors to fulfil their engagements, an embargo, which continued, was in 1776 laid upon the expor¬ tation of provifions from Ireland, by an unconititu- tional ftretch of prerogative. Remittances to Eng¬ land, on various accounts, particularly for the pay¬ ment of our forces abroad, were more than ufually confiderable. Thefe immediate caufes being com¬ bined with thofe which were invariable and perma¬ nent, produced in this country very calamitous ef¬ fects. Black cattle fell very confiderably in their va¬ lue $ notw ithftanding that, cuitomers could not be had. The price of wool was reduced in a Hill greater pro¬ portion. Rents every w here fell j nor, in many places, was it poffible to colleCt them. An univerfal ftagna- tion of buiinefs enfued. Credit was very materially injured. Farmers were preffed by extreme neceffity, and many of them failed. Numbers of manufacturers were reduced to extreme neceffity, and would have periihed, had they not been fupported by public cha¬ rity. Thofe of every rank and condition were deeply affeCted by the calamity of the times. Had the Hate of the exchequer permitted, grants might have been madp to promote induttry, and to alleviate the national diftrefs j but it was exhaufted to a very uncommon degree. Almoft every branch of the revenue had fail¬ ed. From want of money the militia law could not be carried into execution. We could not pay our forces abroad *, and, to enable us to pay thofe at home, there w’as a neceffity for borrowing 50,000]. from England. The money which parliament was forced to raife, it was obliged to borrow at an exorbitant in- tereft. England, in its prefent Hate, was affeCted with the wretched condition to which our affairs were re¬ duced. Individuals there, who had eftates in Ireland, were ffiarers of the common calamity $ and the atten¬ tion of individuals in the Britiffi parliament was turned to our fituation, who had even no perfonal intereff in this country.” Irifli affairs While things w’ere in this deplorable fituation, Earl taken into Nugent, in the year 1778, undertook the caufe of the t ion'fa6 the ^ moving in parliament, that their affairs ffiould Britifh par- ta^en into confideration by a committee of the liament. whole houfe. This motion being agreed to almoft unanimoufty, it was followed by feveral others, viz. That the Iriffi might be permitted to export direCUy to the Britiffi plantations, or to the fettlements on the coafts of Africa, all goods being the produce and manufacture of the kingdom, excepting only wool, or woollen manufactures, &c. That all goods, being the produce of any of the Brilifli plantations, or of the Ireland, fettlements on the coaft of Africa, tobacco excepted, be allowed to be imported direCtly from Ireland to all places, Britain excepted. That cotton yarn, the ma¬ nufacture of Ireland, be allow’ed to be imported into Great Britain. That glafs manufactured in Ireland be permitted to be exported to all places, Britain except¬ ed.—With refpeCt to the Irilh fail cloth and cordage, it was moved, that they fliould have the fame privilege as for the cotton yarn. 73 Thefe motions having paffed unanimoufly, bills for Petitione the relief of Ireland were framed upon them according- ly. The trading and manufacturing towns of Eng-^^ land, however, now’ took the alarm, and petitions againft the Iriffi indulgence were brought forward from many different quarters, and numbers inftruCted to op- pofe it. In confequenee of this a warm conteft took place on the fecond reading of the bills. Mr Burke fupported them with all the ftrength of his eloquence ; and as the minifter feemed to favour them, they w’ere committed ; though the violent oppofition to them ftill continued, which induced many of their friends at that time to defert their caufe. 74 Though the efforts of thofe who favoured the caufe New at- of Ireland thus proved unfuccefsful for the prefent, *n. they renewed their endeavours before the Chriftmas 1^°“^ vacation. They now urged, that, independent of all * claims from juftice and humanity, the relief of Ireland was enforced by neceffity. The trade with Britilh America was now loft for ever •, and it was indifpenfably requiiite to unite the remaining parts of the empire in one common intereft and affeCtion. Ireland had hi¬ therto been paffive j but there was danger that, by driving her to extremities, ffie w’ould call off the yoke altogether } or, even if this Ihould notffiappen, the ty¬ ranny of Britain would be of little advantage ; as, on the event of a peace, the people would defert a country- in which they had experienced fueh oppreffion, and emi¬ grate to America, where they had a greater profpeft of liberty. On the other hand, they infilled, that very confiderable advantages mull enfue to Britain by the emancipation of Ireland ^ and every benefit extended to that country would be returned with accumulated interell. The bufinefs was at laft fummed up in a mo¬ tion made by Lord Newhaven, in February 1769, that liberty Ihould be granted to the Irilh to import fugars yg from the Weft Indies. This was carried 5 but the New peti- merchants of Glafgow and Manchefter having peti-tionsa§ailhl tioned againft it, it was again loft through the interfe- eni* rence of the minifter, w ho now exerted his influence againft the relief he had formerly declared in favour of. Various other efforts, however, were made to ef¬ fect the intended purpofe j but nothing more could be obtained than a kind of compromife, by which Lord Gower pledged himfelf, as far as he could anfwer for the conduft of others, that, during the recefs, fome plan Ihould be fallen upon for accommodating the affairs of Ireland to the fatisfar an the rights of the kingdom, and afferting the principle which now began to prevail, that Ireland could legally ;n(]ej)ort aiid" loyal fubje£ls in Ireland, upon matters of great weight and importance, he recommended it to parliament to take IRE [ 349 ] IRE Ireland, take the fame Into their moft ferious confideration, in '“““"v—order to fuch a final adjustment as might give mutual fatisfa&ion to his kingdoms of Great Britain and Ire- 105 land.” Mr Grat- ]Vlr Grattan, vrhofe patriotic efforts had never been tan’s fecond ^acjiQnej^ now ventured to propofe a fecond time in favcmrofn parliament the addrefs which had been rejected before, hisaddrefs. On the 16th of April he began a fpeech to this pur- pofe with a panegyric on the volunteers, and the late conduct of the people. The Irith, he faid, were no longer a divided colony, but an united land, manifeft- ing itfelf to the reft of the world in fignal inftances of glory. In the reft of Europe the ancient fpirit was expired \ liberty was yielded, or empire loft •, nations were living upon the memory of paft glory, or under the care of mercenary armies. In Ireland, however, the people by departing from the example of other nations, had become an example to them. Liberty, in former times and in other nations, was recovered by the quick feelings and rapid impulfe of the .popu¬ lace. But in Ireland, at the preient period, it was recovered by an a£t of the whole nation reafoning for three years on its fituation, and then refcuing itfelf by a fettled fenfe of right pervading the land. The meet¬ ing of the delegates at Dungannon was an original mea- fure; and, like all of that kind, continued to be matter of furprife, until at laid it became matter of admira¬ tion. Great meafures, fuch as the meeting of the Englifh at Runny Mead, and of the Irifti at Dungan¬ non, were not the confequences of precedent, but car¬ ried in themfelves both precedent and principle ; and the public caufe in both inftances would infallibly have been loft had it been trufted to parliament. The meeting at Dungannon had refolved, that the claim of the Britilh parliament was illegal j and this was a con- llitutional declaration. The Irifti volunteers were af- fociated for the prefervation of the laws, but the eon- ducl of the Britiih parliament fubverted all law. Eng¬ land, however, had no reafon to fear the Irifh volun¬ teers ; they would facrifice their lives in her caufe. The two nations formed a general confederacy. The perpetual annexation of the crown was a great bond, but magna charta was a greater. It would be eafy for Ireland to find a king j but it would be impoflible to find a nation who would communicate to them fuch a charter as magna charta5 and it was this which made their natural connexion with England. The Irifti nation were too high in pride, charafler, and pow’er, to fuffer any other nation to make their laws. England had indeed brought forward the queftion, not only by making laws for Ireland the preceding feffion, but by enabling his majefty to repeal all the laws which Eng¬ land had made for America. Had (he confented to repeal the declaratory law againft America ? and vmuld flie refufe to repeal that againft Ireland ? The Irifti na¬ tion were incapable of fubmitting to fuch a diftinc- 106 tion. It h agreed Mr Grattan now found his eloquence much more powerful than formerly. The motion vdiich, during this very feftion, had been rejected by a great majority, 107 was now agreed to after a ftiort debate, and the addrefs Subftance to his majefty prepared accordingly. In this, after of the ad- thanking his majefty for his gracious melfage, and de¬ claring their attachment to his perfon and government, they allured him, that the fubje&s of Ireland are a free people ; that the crown of Ireland is an imperial Ireland, crown, infeparably annexed to that of Britain, on which connexion the interefts and happinefs of both nations effentially depend ; but the kingdom of Ireland is di- ftincl, with a parliament of its own : that there is no body of men competent to make laws to bind Ireland, except the king, lords, and commons thereof, nor any other parliament that hath any power or authority of any fort whatfoever, in this country, except the par¬ liament of Ireland. They affured his majefty, that they humbly conceive, that in this right the very effence of their liberties did exift ; a right which they, on the part of all Ireland, do claim as their birthright, and which they cannot yield but with their lives. They affured his majefty, that they had feen with concern certain claims advanced by the parliament of Great Britain, in an a£l intitled, “ For the better fecuring the dependency of Ireland an a£t containing matter entirely irreconcileable to the fundamental rights of the nation. They informed his majefty, that they conceiv¬ ed this aoufly re- fpeech to both houfes j in which he informed them,ceivcd* that, by the magnanimity of the king, and wifdom of the Britifti parliament, he was enabled to affure them, that immediate attention had been paid to their repre- fentations, and that the legillature of Britain had con¬ curred in a refolution to remove the caufes of their dif¬ contents, and were united in a defire to gratify every wilh. expreffed in the late addrefs to the throne ; and that, in the mean time, his majefly was gracioufly dif¬ pofed to give his royal affent to aCls to prevent the fupprefling of bills in the Irifli privy-council, and to li¬ mit the mutiny-bill to the term of two years. I09 The joy which now diffufed itfelf all over the king-Extreme dom was extreme. The warmeft addreftes were pre-j0yofths fented not only to his majefly but to the lord-lieute-Iriih‘ nant. The commons inftantly voted 100,0001. to his majefty, to enable him to raife 20,000 men for the navy j and foon after, 5000 men were likewife voted from the Irifti eftabliftiment. The volunteers became in a peculiar manner the objefts of gratitude and uni- verfal panegyric 5 but none was placed in fo confpicu- ous * Ti E [ 35° ] I R E Ireiand. 112 Equivocal condudl of Britain. , 1T3 Affairs tinaily fet¬ tled under the admini itration of Lord Tem¬ ple. @us a light as Mr Grattan. AddrelTes of thanks flow¬ ed in upon him from all quarters j and the commons addrefled his majefty to give him 50,000!. as a rg- compenfe of his fervices; for which they promifed to make provifion. This requeft was alfo complied with •, but ftill the jealoufies of the Irifh were not completely eradicated. As the intended repeal of the declaratory adt was found to be Ample, without any claufe esprefsly relinquilhing the claim of right, feveral members of the houfe of commons were of opinion, that the liberties of Ireland were not yet thoroughly fecured. The majority, however, were of opinion, that the Ample repeal of the obnoxious aft was fufficient j but many of the nation at large dif¬ fered in fentiments. Mr Flood, a member of the houfe, and a zealous patriot, now took the lead in this mat¬ ter $ while Mr Grattan loft much of his popularity by efpouAng the contrary opinion. The matter, however, was to appearance Anally fettled by the volunteers, who declared themfelves on Mr Grattan’s Ade. Still fome murmurings were heard j and it muft be owned, that even yet the condufl of Britain appeared equivocal. An Englifti law was permitting importation from one of the Weft India iflands to all his majefty’s domi¬ nions j and of courfe including Ireland, though the trade of the latter had already been declared abfolutely free. This was looked upon in a very unfavourable light. Great offence was alfo taken at a member of the Englifti houfe of lords for a fpeech in parliament, in which he afferted, that Great Britain had a right to bind Ireland in matters of an external nature $ and propofed to bring in a bill for that purpofe. The pub¬ lic difcontent was alfo greatly inflamed by fome circum- ftances relating to this bill, which were particularly obnoxious. Lord Beauchamp, in a letter addreffed to one of the volunteer corps, was at pains to ftiow that the fecurity of the legiflative privileges obtained from the parliament of Britain was infufficient. The lawyers corps, alfo, who took the queftion into conAdera- tion, were of the fame opinion j but the circumftance which gave the greateft offence was, that the chief juftice in the Englifli court of king’s bench gave judgment in an Irifli caufe direftly contrary to a law which had limited all fuch judgments to the Arft of June. All thefe reafons of dilcontent, however, were removed on the death of the marquis of Rocking¬ ham, and the appointment of the new miniftry who fucceeded him. Lord iemple came over to Ireland, and his brother and fecretary Mr Grenville went to England, where he made fuch reprefentations of the difcontents which prevailed concerning the infufficiency of the declaratory aft, that Mr Townftiend, one of the fecretaries of ftate, moved in the houfe of commons for leave to bring in a bill to remove from the minds of the people of Ireland all doubts reipecting their legiflative and judicial privileges. Thisbill fontained, in the fulleft and moft exprefs terms, a relinquifhment on the part of the Britifh legiflature of all claims of a right to inter¬ fere with the judgment of the Irifti courts, or to make laws to bind Ireland in time to come. Thus the con¬ test was at laft ended ^ and ever lince this kingdom has continued to flourilh, and to enjoy the bleflingsof tran¬ quillity and peace, free from eveiy kind of reftri&ion either on its commerce or manufactures, till the com¬ mencement of the rebellion in 1798. . ^ome *-,me the aoove tranfaftion, the comtner- Ireland. ctalproportions of Mr Pitt were rejehted by both houfes of the Irifti parliament j and in the latter end of the year 1788, very warm debates took place on the regen¬ cy bill j but the hidden and unexpected recovery of his majefty put a period to this political conteft. The queftion refpeaing the emancipation of the Roman Catholics was much agitated about this period, and the miniftry rendered themfelves ftill more popular by ap. pointing Earl Fitzwilliam to fueceed the marquis of Buckingham as lord-lieutenant of Ireland. It is to be piefumed, however, that the joy of the people on this occaAon chiefly originated from the hope, that the bill for the Catholic emancipation, brought in by Mr Grattan on the 12th of February 1795, and another on the. 14th of the fame month, for the diminution of the Ir. national expenditure, would be allowed to pafs. The Bill in fa- miniftry, however, feemed to reprobate theie meafures, vour of the in confequence of which Earl Fitzwilliam was recalled, Ciltholics and Lord Camden appointed his fucceffor, which wasre-*es^ec!’ fo repugnant to the feelings of the people, that the day of Lord Fitzwilliam’s departure (25th March) was ob- ferved at Dublin as a day of general mourning. The bill in favour of Catholic emancipation was rejeCled on the 4th of May, by a majority of 71, which had a powerful tendency to increafe the popular difcontent. Of this difaffe&ion the rulers of France determined to French at- avail themfelves, and Atted out a fleet for the invaflon tempt to of Ireland, confliting of 18 fail of the line, 13 frigates, lar‘d ia Il'e- and 12 floops, with tranfports, and 25,000 men, whichlan<5, were under the command of General Hoche. This formidable armament failed from Breft on the loth of December 1796 j but fo tempeftuous was the weather that the fleet was difperfed j the fquadron under the command of Admiral Bouvet returned to Breft on the 31ft after reaching Bantry bay ; a fliip of the line and two frigates periflied at fea j another French frigate was taken by the Britifli, and a French ftiip of the line efcaped, after fighting for fome time againft two Bri- tilh ftiips. It was no doubt a fortunate circumftance for Bri¬ tain, yet the internal anarchy and confuAon of Ireland were ftill rapidly gaining ground. The members of the fociety of United Irilhmen, inftituted in the year 1791, profeffed to have no other objects in view than a reform in parliament, and that the people of every religious profeflion ftiould enjoy an equality of civil rights ; but it was afterwards undeniably proved, that they anxioufly wiftied to bring about a revolution, and eftablilh a republican government, fimilar to that which then deluged France with blood. The members fwore “ to obtain a complete reform in the legiflature, on the principles of civil, political, and religious liberty $ and never to inform, or give evidence, in any court, J:(- againft any member of that or fimilar focieties.” So Origin of plaufible were thefe objefts, that their numbers in-the rebel- creaied with aftoniihing rapidity, and their divifions on> and fubdivifions were foon extended all over the king¬ dom. Many loyal fubjedls, afraid of the extenfion of Roman Catholic privileges, alfo formed affociations un¬ der the title of Orangemen, in order to deprive Papifts of arms ; and they in their turn affumed the name of defenders: in confequence of which the moft terrible outrages were committed on bo‘h fides. The United Iriftimen ftill continued the molt numerous j but the firft I R E Ireland, firft dire& communication between lliem and the French direftory took place in 1795 through the medium of one Mr Lewins ; and in the following year the invalion, already mentioned, was concerted on the frontiers of France, between Lord Fitzgerald, Arthur O’Connor, and General Hoche, the failure of which did not feem to intimidate the rebels. Arms continued to be diftri- buted with fecrecy among the members, and a cor- refpondence with the French directory was ftill pre- ferved. As proceedings of fuch a nature were juftly alarm¬ ing to the Britiih government, the Infurrcciion Aft was palTed in March 1796, by which magiilrates were autho¬ rized to place the people under martial law 5 a mcafure no doubt juftifiable from the alarming nature of the times j but it certainly had the effect of increafing the difcontents, and was alfo productive of numerous a6ts of oppreffion. Yet fuch as were connefted with the United Irilhmen were guilty of actions equally atroci¬ ous. So fully convinced were they of ultimate fuecefs,. 117 that in December 1797 an executive directory was Ini'll re- nominated for the government of the Irifh republic, public. confiding of Lord Edward Fitzgerald, Mr A. O’Con¬ nor, Mr Oliver Bond, Dr M^iven, and Counfellor Emmet With fuch confummate art was their con- fpiracy planned, and with fuch profound fecrecy was it conduced, that there is great I'eafon to believe it might have been carried into effect, had not Mr Rey¬ nolds made a difcovery in March 1798, which led to the apprehenfion of the principal ringleaders, and Fitz¬ gerald received a mortal wound while refilling the of¬ ficers. This reverfe of fortune did not prevent the no¬ mination of another directory ; but its fate was fimilar to the former, and information was given againft them by a Captain Armlirong, who had entered into their fociety for the purpofe of betraying them. John and Henry Sheares, two of the direftors, were apprehended on the 21 ft of May 1798 ; Mr Neilfon and a number more of the fame defcription on the 23d, and the me¬ tropolis was proclaimed in a ftate of iniurrecition. The guards were made three times ftronger than before j and the whole city might be confidered as forming but one garrifon. Dublin was thus delivered from the dreadful havock and devaftation premeditated by the re¬ bels ; but in the provinces of Leinfter and Connaught, as well as in various other places, they appeared in for¬ midable bodies, intercepted the mail coaches, and thus 118 gave the fignal for a general infurreftion. Actions In their attack upon the town of Naas, on the 24th fcbclj^6 they experienced a fignal defeat from Lord ■ Gcsford at the head of the Armagh militia, and left 400 men dead on the field. General Dundas defeated a eonfiderable body of the rebels near Kilcuilen, and on the 25th Lord Roden vanquiftied another body of them about 400 ftrong, the leaders of whom were ta¬ ken and executed. On the 26th they lhared the fame fate at Tallagh hill, when 350 of them were flain. They attacked the town of Carlow to the number of 1000, where they were defeated with the lofs of 400 men \ but as the inhabitants fired upon the king’s troops, one half of the town was burnt in revenge. The rebels made an attack upon Kildare on the 29th, hut the gallant conduft of Sir J. Duff and the troops under his command, made them foon retire with the lofs of 200 men. In Wicklow and Wexford, however. I R E the rebellion raged with the moft dreadful fury j in the Ireland, latter of which they were computed to have 15,000 men —^y*~“ on the 25th of May, when they furrounded and cut to pieces the North York militia at Oulard, commanded by Colonel Foot and Major Lombard. They attacked and carried the town of Ennifeorthy, but with the lofs of 400 men, and a party of the Meath militia fell into their hands on the 29th. The town of Wexford fur- rendered to them next day, when Harvey, Fitzgerald, and Colclough, who had been made prifoners on the 26th for treafon, were inftantly fet at liberty, and Har¬ vey was appointed their commander-in-chief. Having left a garrilon in the town, the rebel commander march¬ ed on the 5th of June to attack New' Rois, where Ma¬ jor-general Jobnfton obftinately defended the town for feveral hours, and at laft forced the enemy to retreat with confiderable lofs. This defeat fo exafperated the rebels, that they butchered 105 royalifts whom they found in the jail of Wexford. Their attempt upon Gorey was ineffectual, as well as that upon Newton Barry on the third of June, w here Colonel Leftrange de¬ feated them with the lofs of 500 men killed in the ac¬ tion. On the following day, however, the tide of for¬ tune feemed to turn in their favour near Slievebay mountain, wdiere the royal forces under Colonel Wal¬ pole were defeated with the lofs of 54 men, and the commander himfelf was flain in the action. Encou¬ raged by this fuccefs, they refolvcd to make an attack upon Arklow j but the grape-lhot of General Need¬ ham made terrible havock among them j yet their ftrong pofition near Vinegar hill was ftill maintained by their main body, from which it was found impracti¬ cable to diflodge them before the 21ft, when they were nearly furrounded by General Lake, with his troops in five columns, led into action by Generals Dundas, Johnfon, Euftace, Duff, and Lotus. The carnage was terrible, as the rebels defended themfelves with great obftinacy for an hour and a half, and loft 13 pieces of cannon, The town of Wexford furrendered next day, and on the 26ih Harvey and Colclough were apprehended on one of the Saltee iilands, who were tried and executed, together with Keughe, the rebel governor of Wexford. The details of carnage and bloodfhed are by no means agreeable to the feelings of humanity, yet a re¬ gard to hiftorical truth obliges us to give them, but in as concife a manner as we poflibly can. The rebels gamed poffeflion of Antrim about the 7th of June, but were foon obliged to abandon it by the exertions of General Nugent. Still, however, a fpirit of infurrec- tion continued formidable in the counties of Antrim and Down j but the rebels were defeated on the 12th at Ballynahinch, where they loft upwards of 400 men, and the royal forces only 20 in killed and wounded. Munro, their general, was taken prifoner and executed. It is to be lamented that both rebels and royalifts feem¬ ed, during this unnatural conteft, to be fuch utter ftrangers to every principle of humanity, that fome have deemed it a very difficult matter to determine which party was the worft, although the biftiop of Kil- lala, who fuffered much for his attachment to govern¬ ment, gives it againft the latter. This, however, was defti d to be terminated in a very ffiort time, for Marquis Cornwallis was now appointed lord-lieutenant of Ireland, and arrived in Dublin on the 20th of June. The [ 351 1 IRE [ 352 ] IRE Ireland. Xhe firfl; meafure, adopted by bis excellency, foon l" v after his arrival, bad a more powerful effeft in crufhing the rebellion than all the rigorous meafures formerly purfued. On the 7th of July he made an offer of his majefty’s pardon to all who fhoukl furrender before a certain day. The confequence of this proclamation was, that numbers returned to their allegiance, and de¬ livered up all the arms in their poffeffion. Some, how¬ ever, of the moll notorious offenders w'ere tried by a fpecial commiffion, condemned, and executed, fuch as J. and H. Sheares, M‘Cann, Byrne, and others. Mr Oliver Bond, who was condemned on the 23d of July, had powerful intereft made for him in order to fave his life on account of his refpeftable connexions. The fentence of death was to be changed into banilhment, on condition he would tell all he knew refpe&ing the rebellion. He was accordingly pardoned, but his death happened foon after. Some of the moft defperate of the rebels Hill continued to lurk about the mountains of Wicklow and Wexford, notwithftanding the proclama¬ tion of the amnefty, but thefe were gradually reduced. It was the general opinion about this time, that the rebellion was completely ended, when the people were 119 fuddenly and unexpedledly alarmed by the landing of A body of a body of French troops under General Humbert, btnds”!n J-'his happened at Killala, on the 22d of Auguft 1798. • Ireland. Their number being at firtl very much exaggerated, Lord Cornwallis defigned to march again!! them in perfon at the head of the army. In the mean time Humbert marched on towards Caftlebar, where he engaged the Britifh forces under General Lake, obli¬ ging them to retreat with the lofs of fix pieces of can¬ non, and a confiderable number of men. Lord Corn¬ wallis came up with the French near Caftlebar, and forced them to retreat; and General Humbert having been joined by a number of the rebels, he made a cir¬ cuitous march in order to favour their efcape, in con¬ fequence of which the greater part of them got away in fafety. Ninety-three of them and three of their generals were taken prifoners. The French having furrendered, the public were aftonifhed to find that this tremendous army amounted to no more than 844 men ! On the 16th of September a French brig made its appearance off the ifle of Rutland, on the north-weft coaft of Donegal, where the crew landed, together with General Rey and the celebrated Napper Tandy, fuftaining the rank of a French general of brigade. On inquiring after Humbert, they feemed aftoniftied at being informed that he and his men were prifoners. In the end of September a (hip of the line and eight frigates, with troops and ammunition for Ireland, failed from Breft harbour; but the coaft was too well defend¬ ed by the fquadron under the command of Sir J. B. Warren for fuch an armament to be fuccefsful. The fhip of the line, called the Hoche, ftruck after a gallant defence; and the whole fquadron was captured, with the exception of two frigates. This defeat was a death¬ blow to the hopes of the French as w ell as to the Irifh rebels. The celebrated Theobald Wolfe Tone was found among the prifoners in the Hoche, who was con- Jldered as the ableft man at Paris from Ireland, in re- fpefl of negociating. He was tried by a court ; 'artial at Dublin, where it was allowed that he made a very manly defence, neither denying nor excufing his crime, but refting the merits of his plea on the idea of his be- Ireland, ing, as he thought, a citizen of France, and an officer in the fervice of that country. His arguments, how¬ ever, were ineffe&ual, and the court would not even grant his requeft to be ffiot rather than hanged, in con¬ fequence of which he committed fuicide in prifon. The fpirit of rebellion might be faid to die with this wonder¬ ful man ; for the few rebels who ftill continued with General Holt, the laft of the rebel chiefs, graduallv laid down their arms, as did Holt himfelf, who was baniffied for life. At the termination of this horrible conteft, it was computed that not fewer than 30,000 perfons loft their lives, independent of many thoulands who were wound¬ ed or tranfported. The only remaining event of any importance con¬ nected with the hiftory of this country, is its union with Great Britain. This event had been long in con¬ templation, but it was firft announced in the Britilh 12„ houfe of commons on the 22d of January 1799, by a Union with meffage from his majefty, conceived in thei’e words : Ireland, “ George R. His majefty is perfuaded, that the un¬ remitting induftry with which our enemies perfevere in their avow ed defign of effedting the feparation of Ireland from this country, cannot fail to engage the particular attention of parliament; and his majefty recommends it to this houfe, to confider of the moft effedlual means of finally defeating this defign, by difpofing the parlia¬ ments of both kingdoms, to provide in the manner which they ftrall judge moft expedient, for fettling fuch a complete and final adjuftment, as may belt tend to improve and perpetuate a connexion effential for their common fecurity, and confolidate the ftrength, powrer, and refources of the Britilh empire.” On the 31ft the meafure was taken into confideration, when Mr Pitt moved feven refolutions as the bafis of it, which were oppofed by Mr Sheridan, who gave it as his decided opinion, that the fair and free approbation of parlia¬ ment could never be afeertained, while any of its mem¬ bers were under government influence, on which ac¬ count he oppofed the union; as did alfo Meffrs Grey, Tierney, Jones, Sir F. Burdett, General Fitzpatrick, Dr Lawrence and others. It alfo met with confider¬ able oppofition in the houfe of peers, and in the Iriffi parliament the oppofition was formidable. In the ad- drefs to his majefty, the paragraph recommending an union was voted to be expunged, by a majority of ill againft 106, in confequence of which the city of Dub¬ lin was twice illuminated. In the houfe of peers, how¬ ever, a majority appeared in favour of the union; and when it was introduced in form by a meflage from -I the lord-lieutenant, it was carried in favour of the union, after a long and interefting debate, by a ma¬ jority of 161 againft 115. The articles of the intend¬ ed union were tranfmited to England by the lord- lieutenant; they were again fubmitted to the Britifli parliament on the 2d of April ; on the 2d of July the bill received the royal aflent, and the union took place on the ill of January i8ci. In confequence of this union, which we truft will prove an unfpeakable bleffing to both countries, the Irifti are to have a lhare of all the commerce of Great Britain, with the exception of fuch parts of it as be¬ long to chartered companies, and confequently not free to the inhabitants of the Britifti empire indiferiminately. The PLATE CCLXXXVT. I R E Ireland. tit Climate, &C. of Ire¬ land. The commons of Ireland are reprefented by a hundred ' members in the imperial parliament; the fpiritual and temporal peerage of that country by four bifhops and twenty-eight lay-lords, who are eleaed by the bifhops and peers of Ireland, and hold their feats for life; and the title of his Britannic ffiajefty is “ king of the united kingdom of Great Britain and Ireland, defender of the faith the title of king of France being now laid afide. The former laws and courts of juftice in Ire¬ land are flill retained, as alfo the court of chancery, and the king of Great Britain is ftill reprefented by a lord-lieutenant. No part of the debt contrafted by Britain prior to the union is to be paid by Ireland, which only contributes to the expences of the empire in the ratio of i to y7‘. But as this in time might prove extravagantly favourable to that country, in con- fequence of a rapid increafe of its trade and commerce, it may be reviled and altered by parliament in the courfe of twenty years. By one claufe of the aft of union it is declared, that fuch peers of Ireland as are not elefted into the houfe of lords, are competent to lit in the houfe of commons as reprefentatives of Britilh towns and counties, on condition that they give up all the privileges of the peerage during their continuance in the lower houfe. I he climate of Ireland would almolt perfeftly agree with that of England, were the foil equally improved, being abundantly fruitful both in corn and grad, efpe- eially the latter; in confequence of which, an infinite number of black cattle and (beep are bred, particularly in the province of Connaught. Few countries produce finer grain than that which grows in the improved parts of this kingdom. The northern and eaftern counties are bed cultivated and inclofed, and the moft populous. Ireland is known to have many rich mines ; and there is no inconfiderable profpeft of gold and filver in fome parts of the kingdom. No country in the world abounds more in beautiful lakes, both frefii and fait xvater ones; and it is alfo plentifully watered with many beautiful rivers. The commodities which Ireland ex¬ ports, as far as her prefent trade will permit, are hides, tallow, beef, butter, cheefe, honey, wax, hemp, metals, and fifh : wool and glals were, till December 23. 1779, prohibited ; but her linen trade rsof late grow n of very great confequence. England, in the whole, is thought to gam yearly by Ireland upwards of 1,400,000!.; and in many other refpefts Ihe mud be of very great advan¬ tage to that kingdom. Formerly, indeed, die was ra¬ ther a burden to her elder filler than any benefit; but the times are changed now’, and improve every day. Mr O’Halloran fays, the linen manufafture was car- on ‘n Ireland in very early days to a ereat ex- Sliced. tent ; and Gratianus Euclus quotes a defcnption of the kingdom, printed at Leyden in 1627; In which the author tells us, “ That this country abounds with flax, which is fent ready fpun in large quantities to fo¬ reign nations Formerly (fays he) they wove great quantities of linen, which was mollly confumed at home, the natives requiring above 30 yards of linen in a hirt or Ihift.” So truly expenfive was the Irilh fa- Ihion of making up fhirts, on account of the number of plaits and folds, that, in the reign of Henry VIII. a flatute palled, by which they were forbidden, under a fevere penalty, to put more than feven yards of linen in a fhirt or fhift. Vol. XI. Part I, f 3S3 1 I R E 142 kinen ma- nufa&ure We may form fome idea of what the trade of Ire- Ireland land mutt have been in former times, when, fo late as -v""'**' the reign of Brien Boru, who died in 1014, notwith- ftanding the ravages and diftrefles which a Danifh war, of above 200 years continuance, mult have produced throughout the kingdom, the annual duties arifing from goods imported into the fir.gle port of Limerick, and paid in red wine, amounted to 365 pipes! Even fo lately as-the lalt century, it is fcarcely credible what riches this city derived from the bare manufafture of {hoes, which were exported in amazing quantities ; whereas now, inftead of fhoes and boots, we iee the raw hides Ihipped oft' for foreign markets. No country in the worM ieems better fituated for a maritime power than Ireland, where the ports are con¬ venient to every nation in Europe,- and the havens fafe and commodious. The great plenty of timber, the fuperior excellence of the oak, and the acknow¬ ledged Ikill of her ancient artizans in wood-works, are circumftances clearly in her favour. That the Irifh formerly exported large quantities of timber, is manifeft from the churches of Gloucefter, Weftminfter mona- ftery and palace, &c. being covered with Irilh oak, I2, The government of the kingdom is in the hands ofGovern- a viceroy, or lord-lieutenant, who lives in very great po^ fplendour. In his abfence there are lords juftices (flyled Rubuion* their excellencies'), generally three in number, viz. lord C* primate, lord high chancellor, and, before the union, the fpeaker of the houle of commons. The parliament of Ireland, while it exifted, was regulated in the fame way as the Britilh parliament. Ireland is divided into four large provinces, and thofe again into 32 counties, as follow’s : I. Houfes. 20738 J3I25 9268 ULSTER. Extent, &c. Length 6 81 Breadth 98 >• miles Circumference 460 j 26090 Irifli plantation acres,2836837 j Englifh acres, 4491205. Parifhes, 365 Boroughs, 29 _ ^ Baronies, 55 9. Tyrone J6545 Archbifhopric, 1 Bilhopries, 6 Market towns, 58 Counties. 1. Antrim 2. Armagh 3. Cavan 4. Down 5. Donnegal 12357 6. Fermanagh 5674 7. Londonderry 14527 8. Monaghaft 26637 144961 II. LEINSTER. Caterlogh, or Carlow 5444 Dublin 24145 Kildare 8887 Kilkenny 3231 King’s county 9294 Longford 6057 Lowth 81 to 8. Meath(Eaft)i4O0O Market-towns, 63 9. Queen’s coun- Archbiftiopric, 1 ty 11226 Bilhoprics, 3 Weftmeath Length io47 Breadth 55 Smiles Circumference 360 J Irifti acres, 2642958 ; Ot 4281155 Englifh. Parifhes, 858 Boroughs, 53 Baronies, 99 10 11. Wexford 12. Wicklow 9621 The rivers are, the Boyne, 13^5 7781 12085.1 Barrow, Liffy, Noir, and the May. Vy III. Ireland!. I R E III. MUNSTER. Counties. lloufes. Extent, &c. j. Clare Length I°01 2. Cork 47334 Breadth 107 J-miles 3. Kerry ii653 Circumference 6ooj 4. Limerick 19380 Irith acres 3289932 5 5329146 5. Tipperary 18325 Pariihes, 740 6. Waterford 94^5 Boroughs, 26 Baronies, 63 [ 354 1 [Englith j 17558 Archbilhopric, it Biflrops, 6 IV. CONNAUGHT. 1. Galway 2. Leitrim 3. Mayo 4. Rofcommon q. SHffo J5576 1 ^089 878. Length 9° 7 Breadth 80> miles Circumference 500 J Irilh acres, ! 272915 ^681 746 5970 Pariihe', 330 [Engiiih Boroughs, 10 50571 Baronies, 43 Archbilhopric, I Biihop, 1 Rivers are the Shannon, May, Suck, and Gy 11. In 1731, while the duke of Dorfet was lord-lieuten¬ ant, the inhabitants were numbered, and it was found that the four provinces contained as follows : 21604') 221780'] 203087 | 4479’6 I “g-^lproteftants. fb2°tt!.Papiib. 360632 | 11580201 L Connaught Leinder Mu niter Uliter 700453 J 1309768J The return of houfes in Ireland for the year I754» was 39;,439 ; and for the year 1766, it was 424,046. Suppofing therefore the numbers to have increaied at the fame rate, the number of houfes now cannot be lefs than 454,130-, which, allowing five perfons to a fa¬ mily, will make the number of inhabitants 2,260,650 : but as the return of the houfes by hearth-colleftors is rather under than above the truth, and as there are many families in every parilh who are by law excufed from that tax, and therefore not returned, the number on a moderate edimate will be 2,500,000. Sir W. Petty reckoned 160,000 cabins without a chimney j and if there be an equal number of fueh houfes now, the number of people will be above 3,000,000. It has been frequently obferved by the mod celebra¬ ted writers on poli ical arithmetic, that plenty of food, frequency of marriage, a falubrious climate, a mild and equitable government, and an increafed demand for la¬ bour, are the never failing criteria of an increafing po¬ pulation in any country whatever. The three firft of thefe have contributed in a very powerful manner to xncreafe the population of Ireland in the 18th century. The climate of that country has changed for the bet¬ ter in a mod adonidung degree fince the middle of the 37th century. The extenfive foreds with which it once abounded, no longer exid, to obdruct the circulation of a free current of air; and fame inquifitive philofophers have hazarded an opinion, that the atmofphere of Ire¬ land contains a larger proportion of oxygen in any given I R E quantity, than is to be met with in fume other conn- Ireland, tries. It cannot be known what eifcft this may have on the population of a country, becaufe it is found by eminent chemids, that about 75 of oxygen in 100 parts of atmofpheric air, conditute the proportion difcovered by analyfis of the air in different climates, and at dif¬ ferent heights. That the population of Ireland is increafed, not- wilhdanding the ravages of the late rebellion, appears from the rapid increafe and flourifhing date of trade and commerce, which unavoidably occafions an in¬ creafe of labour, and that again a multiplication of hands. All articles of the nature of provitions, as well as manufactures, have rapidly increaftd, and the tillage in particular is fix times more extenfive than it s'&s about the year 1783, fo that fix times more people are employed in that tingle department of labour than were required at the fore-mentioned period. The people thus engaged mud alfo furnifh employment for a much greater number of mechanics of all deferiptions, as the ■numerous and varied branches of trade depend on each other like the links of a chain, ihe aftonifliing in¬ creafe of the quantity of many articles imported into Ireland for home eonfumption, fuch as coals, drapery, tobacco, tea, and fugar, may be regarde-d as another decifive proof of an increafed population. In 17^3> there were 230,135 tons of coals imported, but in 1804 there were 417,030 tons, notwithdanding ihe eonfumption was greatly diminifhed, owing to an aug¬ mentation of 73. pel" ton on the price of that important article. There were 353,753 yards of old drapery im¬ port-.: d in 17835 but in 1804, according to the eutlom- houfe books, they amounted to no fewer than 1,330.304 yards, or almnd a fourfold increafe. In the year I7^3» there were imported of tobacco 3,459,861 pounds 5 but in '804 that quantity was aimed doubled : and as the ufe of that article has greatly declined, it follows of confequence, that the population has wonderfully in¬ creafed. The fame faff is aid) proved from the con- fumption of tea and fugar at thefe two different periods, the quantity of both articles having been doubled in 1804. If then we allow, on an average, fix perfons to each houfe in Ireland, it will appear from accurate returns made in the year 1777’ 1,:'ntrfc were 2,690,556 people in that country, and 3,900,000 in 1788. It it be admitted as a fact (in fupport of which many re- fpebfable documents could be produced), that the po¬ pulation of Ireland has, fince the year 1791, expe¬ rienced an annual average increafe of nearly 9U44® fouls, it may fairly be concluded that the whole inha¬ bitants of that c< untry cannot be ettimated much un¬ der 5,39^436 fouls. It muff at the fame time be ac¬ knowledged, that the caufes affe&ing the population of Ireland have not always operated with uniformity, and therefore a permanently accurate liandard cannot be fixed, although there is every reafon to believr Tat it is rather on the increafe than the contrary. The ave¬ rage number of perfons which we have atligned to each houfe is indeed greater than what is found to obtain in- England or Wales (viz. s-^), but it is fully warranted bv tbe aftual furvey of different counties. Mr Arthur Young found the average number to be fix in iome parts of the province of Ulfter 5 tin fame- at Drumo- land in the province of Muntler; and at Kilfane it was I R E l 355 1 I R E # Inquiry into the Po Ireland 6?-. Mr Tighe confiders fix as the average number in the county of Kilkenny $ while in the town of Cove, and county of Cork, it was found no Ids than p| ! The fame author afferts, that in one village he found the average number to be 9, and in others 7 and 8, fo that 6 mail be contidered as a moderate eftimate j and Mr Newenham feems fully warranted, from thefe con- fiderations, in eftimating the population of Ireland, in round numbers, at 5,400,000 fouls. As numerous reafons confpire to evince, that the po¬ pulation of this country is doubled in the courfe of 46 .years, we think with Mr Newenham, that it is ex¬ tremely probable that it will not amount to lefs than 8,413,224 by the year 1837 j and yet Ireland is ful¬ ly competent to fupport this population, immenfe as it is *. According to Young, Newenham, and others, the pulation q/’.|'0j] jn p0int of fertility even furpaffes that of England : 8y0( -it contains not luch a large proportion ot waite land, and many extenlive trails of the produflive foil feem to be wholly unrivalled in refpeft of fertility. For an .ample detail of the uncommon richnefs and fertility of the foil of Ireland in general, we refer our readers to the inftrubtive Tour of Mr A. Young, which contains many experiments made by himfelf on the foils of dif¬ ferent counties. What a valuable acquifition to the Britifh empire, of which it now happily forms a conftituent part, lince it can augment the military ftrength of the whole in a very powerful manner, and make fuch refpeftable ad¬ ditions to the Britilh revenue as cannot fail to refult from its flouriihing commerce. Ireland in a date of enmity againft Britain, both weakened the latter, and .rendered herfelf vulnerable in a high degree j but fince both are happily united, and have only one common interefl:, we truft that the mold daring enemy (hall ever ri4 find them invulnerable. Appearance Beauty feems to be more diffufed in England, among and cha- (Be lower ranks of life, than in Ireland j which may, however, be attributed to the mere modes of living. In England, the meaneft cottager is better fed, better lodged, and better dreffed, than the moft opulent far¬ mers here, w-ho, unaccuftomed to what our peafants reckon the comforts of life, know no luxury but in deep potations of aquavitse. From this circumftance, we may account for a fa£t reported by the officers of the army here. They fay, that the young fellows of Ireland, who offer to enlift, -are more generally below the given height than in England. There can be no appeal from their tefti- mony ; for they were Iriffi, and the flandard is an in¬ fallible teft. No reafon, indeed, can be given why the caufes which promote or prevent the growth of other animals, ffiould not have fjmilar effefls upon the human fpecies. In England, where there is no flint of provifions, the growth is not checked *, but, on the contrary, it is extended to the utmoff bound of na¬ ture’s original intention j whereas, in Ireland, where food is neither in the fame quantity nor of the fame quality, the body cannot expand itfelf, but is dwarfed and ftunted in its dimenflons. The gentlemen of Ire¬ land are full as tail as thole of England : the difference, then, bet ween them and the commonalty, can only pro¬ ceed from the difference of food. The inhabitants, in general, of this kingdom are rader of the inha¬ bitants. very far from, what they have too often and unjuftly Ireland, been reprefented by thufe of our country who never •— faw them, a nation of wild Irifh. Miferable and op- preffed, as by far too many of them are, an Englifh- man will find as much civility in general, as -amongft the fame clafs in his own country : and, for a fmall pe¬ cuniary confideration, they will exert themfelves to pleafe you as much as any people perhaps in the . king’s dominions. Poverty and oppreffion will natu¬ rally make mankind four, rude, and unfociable ; and eradicate, or at leaf! fupprefs, all the more amiable principles and paffions of humanity. But it fhould feem unfair and ungenerous to judge of, or decide againft, the natural difpofition of a man reduced by indigence and oppreffion almoft to delperation. Let commerce, agriculture, and arts, but call forth the dormant aflivity of their genius, and roule the native fpirit of enterprife, which now lies torpid within them ; let liberal laws unfetter their minds, and plen¬ ty cheer their tables; they will foon ffiow themfelves deferving to rank with the moft refpe&able focieties in Europe. “ The lower Irifh, (fays Carr f), are remarkable for (• Stranger their ingenuity and docility, and a quick conception ; in Ireland, in thefe properties they are equalled only Ly the Rul-P'21?" fians. It is curious to fee with what fcanty materials they will work ; they build their own cabins, and make bridles, ftirrups, cruppers, and ropes for every ruflic purpofe, of hay ; and Britifh adjutants allow that Iriffi recruits are fooner made foldiers of than Englith ones. “ That the Iriffi are not naturally lazy, is evident from the quantity of laborious work which they will perform, when they have much to do, which is not fre¬ quently the cafe in their own country, and are ade¬ quately paid for it, fo as to enable them to get proper food to fupport fevere toil. Upon this principle, in England, an Irifh labourer is always preferred. “ The handfomeft peafants in Ireland are the na¬ tives of Kilkenny and the neighbourhood ; and the moll wretched and fqualid near Cork and Waterford, and in Munfter and Connaught. In the county of Rofcom- mon the male and female peafantry and horfes ar« handfome, the former are fair and tall, and poffefs great flexibility of rnufcle : the men are the bell leapers in Ireland : the fineft hunters and mofl. expert huntfmen are to be found in the fine fporting county of Ferma¬ nagh. In the county of Meath the peafants are very heavily limbed. In the county of Kerry, and along the weftern fliore, the peafants very much referable the Spaniards in expreflion of countenance, and colour o£ hair. “ The inftruclion of the common people is in the lowefl ftate of degradation. In the fummer a wretched unchara£Iered itinerant derives a fcanty and precarious exiftence by wandering from pariffi to parifh, and open¬ ing a fchool in fome ditch covered with heath and furze, to which the inhabitants fend their children t<* be inftru<5Ied by the miferable breadlefs being, who is nearly as ignorant as themfelves ; and in the winter thefe pedagogue pedlars go from door to door offering their fervices, and pick up juft fufficient to prevent themfelves from perifhing by famine. What propor¬ tion of morals and learning can flow from fuch a fource into the mind of the ragged young pupil, can eafily bft imagined, but cannot be refle&ed upon without ferioua Y y 2 concern. IRE [ 356 ] I It o Ireland, concern. ,A gentleman of undoubted veracity Hated, * not long fince, before the Dublin alTociation for dtlfri- buting bibles and teflaments amongft the poor, that whole pariihes were without a bible. “ Their hofpitality, when their circmnflances are not too wretched to difplay it, is remarkably great. It is thus beautifully defcribed by Mr Curran. ‘ The hofpi¬ tality of other countries is a matter of neeeffity, or con¬ vention : in favage nations, of the firft ; in polilhed, of the latter : but the hofpitality of an Irilhman is not the running account of pojled and Ldgered courtefies, as in other countries : it fprings, like all his other qualities, his faults, his virtues, dire&ly from the heart. The heart of an Irilhman is by nature bold, and he confides •, it is tender,, and he loves \ it is generous, and he gives j it is focial, and he is. hofpitable.” Account of bogs wherewith Ireland is in feme places over- the bogs in grown, are not injurious to health, as is commonly ima- Ireiand. gined \ the watery exhalations from thele are neither fo abundant nor fo noxious as thofe from marfhes, which -become prejudicial from the various animal and vege¬ table fubftances which are left to putrefy as foon as the waters are exhaled by the fun. Eogs are not, as one might fuppofe from their blacknef-, mafies of putrefac¬ tion ; but, on the contrary, they are of fuch a texture, as to refill putrefaflion above any other fubllance we know of. A (hoe, all of one piece of leather, very neatly Hitched, was taken out of a bog fome years ago, yet entirely frelh j—from the very fafliion of which, there is fcarce room to doubt that it had lain there fome centuries. Butter, called roujhin, lias been found in hollowed trunks of trees, where it had been hid fo long, that it was become hard and almoH fria¬ ble, yet not devoid of un&uofity ; that the length of time it had been buried was very great, we learn from the depth of the bog, which was ten feet, that, had grown over it. But the common phenomenon of tim¬ ber-trees dug out of thefe bogs not only found, but alfo fo embalmed as afterwards to defy the injuries of time, demonftrate the antifeptic quality of them. The horns of the monfe-deer mull have lain many centuries in a bog •, for the Irilli hillories do not recognize the erxifl- ence of the animal whereon they grerv. Indeed, hu¬ man bodies have, in many places, been dug up entire, which mull have lain there for ages. The growth of bogs, however, is variable in different places, from the variety of conditions in the fituation, foil, humidity, and quantity of vegetable food j in fome places it is very rapid, in others very flow j and therefore then- altitudes cannot afford any certain meafure of time. In the manufadluring counties of the north, peat-fuel has become fo fcarce, that turbaries let from five to eight guineas an acre. In fome places they are fo era¬ dicated, there does not remain a trace of them, the ground being now converted into rich meadows and 12(j fweet pallures. Trade of If we trull to authorities, we muff conclude that Ire- Ireland on land was not originally inferior to England, either in SeafT the ferlil.ity °* the or falubrity ef the climate. When this country fhall have felt the happy effedts of ,, the late conceflions and indulgences of the Britilh par¬ liament, by repealing feveral a&s which reffrained the trade of this kingdom with foreign ports, and allowing the exportation of woollen manufaclures and glafs, and fliall have received further indulgencei from the fame 3 authority ; and when the fpirit of induftry fliall be in- Ireland fufed, in confequence of it, into the common people ^ 11 their country will not be inferior to any other on the globe under the fame parallel. IREN ALUS, St, a bifliop of Lyons, was born in Greece about the year 120. He was the difciple of Pappias and St Polycarp, by whom, it is faid, he was fent into Gaul in 157. Pie lived at Lyons, where he performed the office of a prieft ; and in 178 was fent to Rome, where he difputed with Valentinus, and his two difciples Florinus and Blaftus. At his return to Lyons, he lucceeded Photinus, biffiop of that city • and fuffered martyrdom in 202, under the reign of Severus. He wrote many books in Greek, of which there only- remains a barbarous Latin verfion of his five bpoks againll heretics, fome Greek fragments in different authors, and Pope Victor’s letter mentioned by Eufe- bius. The bell editions of his works are thofe of Eraf- mus, in 1526; of Grabe, in 1702^ and of Father Maffuet, in 1710. He ought not to be confounded with St Irenseus the deacon, who in 275 fuffered martyrdom in Tufcany, under the reign of Aurelian ; nor with St Irenseus, bilhnp of Sirmich, who fuffered martyrdom on the 2 iffh of March 304, during the perfecution of Dioclefian and Maximianus. IRENE, craprefs ef the eaft, celebrated for her va¬ lour, wit, and beauty j but detefiable for her cruelty, having facrificed her own fon to the ambition of reign¬ ing alone. She died in 803. . IRESINE, a genus of plants belonging to the dice- cia clais, and in the natural method ranking under the 541b order, Mifcellanece. See Botany Index. IRIDIUM, a metal obtained from crude platina. See Chemistry, N° 2153. p. 699. IRIS, in Phy.no/ogy, the rainbow. The word is Greek, fuppofed by fome to be derived from “ I fpeak, I tell j” as being a meteor that is fuppoled to foretel, or rather to declare rain. See Rainbow. Lunar Iris, or Moon-rainbow. See R AIN BO JV, Lunar. Iris, in Anatomy, a ftriped variegated circle round the pupil of the eye, formed of a duplicature of the uvea. See Anatomy Index. Iris is alfo applied to thofe changeable colours which fomelimes appear in the glaffes of telefcopes, micro- fcopes, &c. fo called from their fimilitude to a rain¬ bow. The fame appellation is alfo given to that co¬ loured fpe&rum, which a triangular prifmatic glafs will project on a wall, when placed at a due angle in 'the fun-beams. Iris, the Flower de Luce, or Flag-flower, &c. a genus of plants, belonging to the triandria clafs, and in the natural method ranking under the fixth order, Knfates. See Botany Index. IRON, one of the metals, and one of the hardeff and mod ufeful, as well as the moll abundant. See Chemistry and Mineralogy Index; and for its elec¬ trical and magnetical properties, fee Electricity and Magnetism. /RON-Mou/ds, and fpots of ink in linen, may be ta¬ ken out by moiflening the llained part in a folution of oxalic acid in diilillcd water, and then wafliing it out in pure water. IRON-Sick, in the Tea-language, is faid of a {hip or boat* I R R f 3s7 f I R R Iron fick boat, when her bolts or nails are fo ^atcn with ruft, . |l and fo worn away, that they occafion hollows in the ^ J' planks, whereby the vc-ffel is rendered leaky. IRON-Wood, in Botany. See SlDEROXYLUM, Bo- TAXY Index. iRON-Wort, in Botany. See SlDERITis, Botany Index. IRONY, in Rhetoric, is when a perfon fpeaks con¬ trary to his thoughts, in order to add force to his dif- courfe •, whence Quintilian calls it diverjiloquium. Thus, when a notorious villain is fcornfully compli¬ mented with the title of a very honeft and excellent perfon •, the character of the perion commended, the air of contempt that appears in the fpeaker, and the exor¬ bitancy of the commendations, furHciently difcover the diflimulation of irony. Ironical exhortation is a very agreeable kind of trope; which, after having fet the inconveniences of a thing in the cleared; light, concludes with a feigned encou¬ ragement to purfue it. Such is that of Horace, when, having beautifully defcribed the noife and tumults of Rome, he adds ironically, Go now, and fludy tuneful verfe at Rome ! IROQUOIS, the name of five nations in North America, in alliance w ith the Britilh colonies. They are bounded by Canada on the north, by the Britiih plantations of New York and Pennfylvania on the eaft and fouth, and by the lake Ontario on the weft. IRRADIATION, the a6l of emitting fubtile ef¬ fluvia, like the rays of the fun, every way. See I£f- FLU VIA. IRREGULAR, fomething that deviates from the common forms or rules ; thus, we fay an irregular for¬ tification, an irregular building, an irregular figure, &c. Irregular, in Grammar, fuch inflexions of words as vary from the general rules ; thus we fay, irregular nouns, irregular verbs, &c. The dillinXion of irregular nouns, according to Mr Ruddiman, is into three kinds, viz. variable, defeXive, and abundant; and that of irregular verbs into anoma¬ lous, defeXive, and abundant. IRRITABILITY, in Anatomy and Medicine, a term firft invented by Gliflon, and adopted by Dr Hal¬ ler to denote an eficntial property of all animal bodies; and which, he fays, exifts independently of and in contradiftinXion to fenfibility. This ingenious author calls that part of the human body irritable, which be¬ comes fhorter upon being touched ; very irritable, if it contraXs upon a flight touch ; and the contrary, if by a violent touch it contraXs but little. He calls that a fenfible part of the human body, which upon being touched tranfmits the impreffion of it to the foul : and in brutes, he calls thofe parts fenfible, the irritation of which occafions evident figns of pain and d if quiet in the animal. On the contrary, he calls that infenfible, which being burnt, tore, pricked, or cut till it is quite deftroyed, occafions no fign of pain nor convulfion, nor any fort of change in the fituation of the body. From therefult of many cruel experiments he concludes, that the epidermis is infenfiblc ; that the {kin is fenfible in a greater degree than any other part of the body ; that the fat and cellular membrane are infenfible) and the mufcular fltlh fenfible, the ftnfibiiity of which he a-Indt;.bil5ty., feribes rather to the nerves than to the flefti itfelf. The ' tendons, he fays, having no nerves diftributed to them, are infenfible: The ligaments and capfulae of the articu¬ lations are alfo concluded to be infenfible ; whence Dr Haller infers, that the lharp pains of the gout are not feated in the capfulae of the joint, but in the Ikin, and in the nerves which creep upon its external furface. The bones are all infenfible, fays Dr Haller, except the teeth; and likewife the marrow. Under his experiments the periofttum and pericranium, the dura and pia ma¬ ter, appeared infenfible ; and he infers, that the fenfibi¬ lity of the nerves is owing to the medulla, and not to the membranes. The arteries and veins are held fuf- ceptible of little or no fenfation, except the carotid, the lingual, temporal, pharyngal, labial, thyroidal, and the aorta near the heart; the fenfibility of which is aferib- ed to the nerves that accompany them. Senfibility is allowed to the internal membranes of the ftomach, in- teflines, bladder, ureters, vagina, and womb, on account of their being of the fame nature with the {kin : the heart is alfo admitted to be fenfible : but the lungs, liver, fpleen, and kidneys, are poffeffed of a very im- pcrfe.X, if any, fenfation. The glands, having few nerves, are endowed with only an obtu. > fenfation. Some fenfibility is allowed to the tunica choroidis and the iris, though in a lefs degree than the retina ; but none to the cornea. Dr Haller concludes, in general, that the nerves alone are feniible of themfelves ; and that, in proportion to the number of nerves apparently diftributed to particular parts, fuch parts poffefs a greater or lefs degree of fenfibility. •* Irritability, he fays, is fo different from fenfibility, that the moft irritable parts are not at all fenfible, and vice verfa. He alleges faXs to prove this politico, and alfo to demonftmte, that irritability does not depend- upon the nerves, which are not irritable, but upon the original formation of the parts which are fufceptible of it. Irritability, he fays, is not proportioned to fenfi- biiity ; in proof of which, he obferves, that the intef- tines, though rather lefs fenfible than the ftomach, are more irritable; and that the heart is very irritable, though it has but a fmall degree of fenfation. Irritability, according to Dr Haller, is the diftin- guilhing charaXeriftic between the mufcular and cellu¬ lar fibres; whence he determines the ligaments, periof- teum, meninges of the brain, and all the membranes compofed of the cellular fubftance, to be void of irrita¬ bility. The tendons are unirritable ; and though he does not abfolutely deny irritability to the arteries, yet his experiments on the aorta produced no contraXion. The veins and excretory duXs are in a fmall degree irritable, and the gall-bladder, the duXus choledoehus, the ureters and urethra, are only affeXed by a very acrid corrofive ; but the laXeal veffels are confiderably irritable. The glands and mucous finufes, the uterus is quadrupeds, the human matrix, and the genitals, are all irritable ; as are alfo the muffles, particularly the diaphragm. The oefophagus, ftomach, and inteftines^ are irritable : but of all the animal organs the heart is endued with the greateft irritability. In general, there is nothing irritable in the animal body but the mufcular fibres : and the vital parts are the moft irritable. Thi^ power of motion, arifing from irritations, is fuppoled ISA [ 358 ] ISA Irritability to be different from all other properties of bodies, and probably relides in the glutinous mucus of the mufcular 1 ' . fibres, altogether independent of the influence of the -foul. The irritability of the mufcles is faid to be de- ftroyed by drying of the fibres, congealing of the fat, and more efpecially by the ufe of opium in living ani¬ mals. The phyfiological fyltem, of which an abftracl has been now given, has been adopted and confirmed by Caifell and Zimmermann, and alfo by Dr Brock- lefby, who fuggefts, that irritability, as diftinguifhed from fenfibility, may depend upon a feries of nerves dif¬ ferent from fuch as ferve either for voluntary motion or fenfation. This doctrine, however, has been con¬ troverted by M. le Cat, and particularly by Dr Whytt • In his Phyfiological Effays. See alfo Anatomy, N° 86, et feq. and N° 136. IRROGATIO, a law term amongfi the Romans, fig- nifying the inftrument in which were put down the pu~ nilhments which the law provided againft fuch offences as any perfon was accufed of by a magiftrate before the people. Thefe punilhments were firft proclaimed viva voce by the accufer, and this was called Inquijitio : The fame, being immediately after expreffed in writ¬ ing, took the name of Rogatio, in refpeft of the people, who were to be confulted or afked about it, and was called Irrogatio in refpect of the criminal, as it imported the mulft or punilhment afiigned him by the accufer. IRROMANGO, or Erramongo, one of the New Hebrides iOands, is about 24 or 25 leagues in circuit; the middle of it lies in E. Long. 169. 19. S. Lat. 18. 54. The inhabitants are of the middle fize, and have a good fhape and tolerable features. Their colour is very dark ; and they paint their faces, fome with black, and others with red pigment: their hair is curly and crifp, and fomewhat woolly. Few women were feen, and thofe very ugly : they wore a petticoat made of the leaves of fome plant. The men were quite naked, excepting a belt tied about the waift, and a piece of -cloth, or a leaf, ufed for a wrapper. No canoes were feen in any part of the iiland. They live in houfes covered with thatch : and their plantations are laid out .by line, and fenced round. An unlucky fcuffle be¬ tween the Britilh failors and thafe people, in which •four of the latter were defperately wounded, prevent- -cd Captain Cook from being able to give any parti- -cular information concerning the produce, &c. of this ■ iiland. IRTIS, a large river of Alia, in Siberia, which vifes among the hills of the country of the Kalmucks, -and, running north-eaft, falls into the Oby near To- bnllk. It abounds with fiih, particularly fturgeon, and -delicate falmon, IRVINE, a fea-port and borough town of Scot¬ land, in the bailiwick of Cunningham, and county of Ayr j feated at the mouth of a river of the fame name cn the frith of Clyde, in W. Long. 2. 55, N. Lat. 55. 36. This port had formerly feveral buffes in the her¬ ring, fifhery. A number of veffeL is employed in the coal trade to Ireland, and alfo in the Baltic and carry¬ ing trade. Ship-building and rope-making are carried to a confiderable extent at Irvine. The population in 1801 was eiliroated at 4584, of which nearly 4000 / -were employed in trade and manufactures. ISAAC, the Jewifh patriarch, and example of filial obedience, died 1*7x6 B. C. aged 180. 2 ISALUS, a Greek orator, born at Colchis, in Sy- Ifeus ria, was the difciple of Lyfias, aad the mailer of De- il. mofihenes j and taught eloquence at Athens, about J^ria' 344 years B. C. Sixty-four orations are attributed to him ) but he compofed no more than 50, of which -only 10 are now remaining. He took Lyfias for his model, and fo well imitated his ftyle and elegance, that we might ealily confound the one with the other, -were it not for the figures which Ifseus firfi: introduced into .frequent ufe. He was alfo the firft who applied eloquence to politics, in which he was followed by his difeiple Demofthenes. He ought not to be confounded with Ifasus, another celebrated orator, who lived at Rome in the time of Pliny the younger, about the year 97. ISAIAH, or the Prophecy of ISAIAH, a canonical book of the Old Teftament. Ifaiah is the firft of the four greater prophets j the other three being Jeremiah, Ezekiel, and Daniel. This prophet was of royal blood, his father Amos being brother to Azariah king of Judah. The five firft chapters of his prophecy re» late to the reign of Uzziah ; the vifion in the fixtli chapter happened in the time of Jotham : the next chapters to the fifteenth, include his prophecies un¬ der the reign of Ahab 5 and thofe that were made un¬ der the. reigns of Hezekiah and Manaffeh, are related in the next chapters to the end. Ifaiah foretold the deliverance of the Jews from their captivity in Babylon by Cyrus, one hundred years before it came to pafs. But the moft remarkable of his predictions are thofe concerning the Mefiiah, which deferibe not only his defeent, but all the remarkable circumftances of his life and death. The ftyle of this prophet is noble, nervous, fublime, and florid, which he acquired by converfe with men of the greateft abilities and elocu¬ tion : Grotius calls him the Demofthenes of the He¬ brews. However, the profoundnefs of his thoughts, the loftinefs of his expreffions and the extent of his pro- phecy, render him one of the moft difficult of all the prophets \ and the commentaries that have been hitherto written on his prophecy fall fhort of a full explication of it. Bifhop Lowth’s new tranflation, &c, publifhed in 1778, throws confiderable lighten the coropofition and meaning of Ifaiah. ISATIS, Woad : a genus of plants belonging to the tetradynamia clafs *, and in the natural method ranking under the 39th order, Siliquofce. One fpecies of this plant, the tinRoria, yields a colouring matter. See Colour-Making and Dyeing Index. IsATls, in Ttoo/ogy, a fynonyme of the canis lagopus. See Canis, Mammalia Index. ISAURA, or Isaurus, in Ancient Geography, a ftrong city at Mount Taurus, in Ifauria, twice demo- liftied ; firft by Perdiccas, or rather by the inhabitants, who, through defpair, deftroyed themfelves by fire rather than fall into the bands of the enemy ; again by Servilius, who thence took the furname Ifauricus, Strabo fays there were two Ifauras, the old and the new, but fo near that other writers took them but for one. ISAURIA, a country touching Pamphylia and Cili¬ cia on the north, rugged and mountainous, fituased al- moft in Mount Taurus, and taking its name from Ifawa; according to fotne, extending to the Mediterranean by a narrow flip, Stephanus, Ptolemy, and Zofimus, make I s E r 5 Xiauria make no mention of places on tlie fea j tnouglj Pliny !! does, as alfo Strabo ; but doubtful, whether they are Ifenburg, }>|aces jn Jfaurja Proper, or in Pamphylia, or in Ci¬ licia. IS AURIGA, a part of Lycaonia, bordering on Mount Taurus. ■ ISC A Dumniorum, in Ancient Geography, a town in Britain. Now Exeter, capital of Devonlhire. VV. Long. 3. 40. Lat. 5. 44. Called Caer-I/k in Britiih, (Camden). Isca Silurum, in Ancient Geography, the Ration of the Legio II. Augufta in Britain. Now Caerleon, a town of Monmouththire, on the Ufke. I3CHALIS, or Iscalis, in Ancient Geography, a town of the Belgae in Britain. Now lichejler, in Somer- fetihire, on the river 111. ISCHiEUM, a genus of plants belonging to the po- lygamia clafs} and in the natural method ranking un¬ der the 4th order, Gramina. See Botany Index. ISCHIA, an ifland of Italy, in the kingdom of Naples, about 15 miles in circumference, lying on the coait of the Terra di Lavoro, from which it is three miles diftant. It is full of agreeable valleys, which produce excellent fruits. It hath alfo mountains on which grow vines of an excellent kind : likewife foun¬ tains, rivulets, and fine gardens. Ischia, a town of Italy, and capital of an illand of the fame name, with a bilhop’s fee and a ftrong fort. Both the city and Fortrefs Hand upon a rock, which is joined to the illand by a ftrong bridge j the rock is about feven furlongs in circumference. The city is like a pyramid of houfes piled upon one another, which makes a very Angular and ftriking appearance. At the end of the bridge next the city are iron gates, which open into a fubterraneous paflage, through which they enter the city. They are always guarded by foldiers who are natives of the illand. E. Long, 13. 55. N. Lat. 40 50. ISCHIUM, in Anatomy, one of the bones of the pelvis. See Anatomy, N° 41. ISCPIURIA, (formed from “ I Hop,” and “ urine,”) ni Phujic, a difeale confiding in an entire fuppreffion of urine. See Medicine Index. ISELASTTCS, a kind of games, or combats, ce- * lebrated in Greece and Ana, in the time of the Roman emperors. The viftor at thefe games had very confiderable privileges conferred on him, after the example of Au- guftus and the Athenians, who did the like to con¬ querors at the Olympic, Pythian, and Ifihmian games. They were crowned on the fpot immediately after their victory, had penfions allowed them, were furnilhed with provifions at the public colt, and were carried in triumph to their country. ISENACH, a town of Germany, in the circle of Upper Saxony, from whence one of the Saxon princes takes the title of duhe. There are irori mines in the neighbourhood. E. Long. o. 17. N Lat. 51. O. ISENARTS, or LlSENARTS, a confiderable town of Germany, in Aufiria and in Stiria \ famous for its iron mines. E. Long. 15. 25. N. Lat. 46. 56. ISENBURG, a large town of Germany, capital of a county of the fame name, with a handfome caflle, feated on the river Seine, in E. Long. 7. 14. 59 1 1ST N. Lat. 56. 28. The county belongs to the eleclor of Treves. ISENGHEIN, a town of the Andrian Nether-, lands, with the title of a principality, feated on the river Mandera, in L. Long. 3, 18. N. Lat. 50. 44. ISERNIA, a town of Italy, in the kingdom of Naples, and in the county of Molife, with a bilhop’s fee. It is feated at the foot of the Apennines, in E. Long. 14. 20. ISH, in Scots Law, fignifies expiry. Thus we fay “ the ifn of a leafe.” It fignifies alfo to go out; thuo we fay u free i/h and entry” from and to any place. I SI A, ic-ax, feads and facrifices anciently folemni- zed in honour of the goddefs Ills.—The Ilia were full of the mod abominable impurities 5 and for that rea- fon, thofe who were initiated into them were obliged to take an oath of fecrecy. They held for nine days fucceflively, but grew fo fcandalous, that the fenate abolilhed them at Rome, under the confulate of Pifo and Gabinius; They were re-edablilhed by Augudus, and the emperor Commodus himfelf afiiited at them, appearing among the prieds of that goddeis with his head diaven, and carrying the Anubis. IS I AC TABLE, is one of the mod eonfiderable mo¬ numents of antiquity, difeovered at Rome in 1523, and fuppofed by the various figures in bas relief upon it, to reprefent the feads of His, and other Egyptian deities. There have been various opinions as to the antiquity of this monument : fome have luppofed that it was engraved long before the time when the Egyp¬ tians wor(hipped the figures of men and women. Others, among whom is Bilhop Warburton, apprehend, that it was made at Rome by perfons attached to the worlhip of Ills. Dr Warburton confiders it as one of the mod modern of the Egyptian monuments, on account of the great mixture of hieroglyphic characters which it bears. IfenMtrg I (is. ISIACI, prieds of the goddefs Ids.—Diofcorides tells us, that they bore a branch of fea wormwood in their hands indead of olive. They lung the praifes of the goddefs twice a day, viz. at the riling of the fun, when they opened her temple; after which tiny begged alms the red of the day, and returning at night, re¬ peated their orifons, and Ihut up the temple. Such was the life and office of the ijiaci; they never covered their feet with any thing but the thin bark of the plant papyrus, \\,hich occafioned Prudentius and others to fay they went barefooted. They wore no garments but linen, becaufe Ids was the fird who taught mankind the culture of this commodity. ISIDORES, called Damiatensis, or Pelusiota, from his living in a folitude near that city, was one of the mod famous of all St Chrylbdom’s difciples, and flourilhed in the time of the general council held in 421. We have 2012 of his epidles in five books. They are Ihort, but well written, in Greek. The bed edition is that of Paris, in Greek and Latin, printed in 1638, in folio. ISIGNI, a town of France, in Lower Normandy, with -a fmall harbour, and well known on account of- its fait works, its cyder, and its butter. W. Long, o. 50. N. Lat. 49. 20. ISINGLASS. See Ichthyocolla. ISIS, a celebrated deity of the Egyptians, daugh¬ ter 1 S L ter of Saturn and Rhea, according to Diodorus of Si- Ifland. c‘1^’ S°me ^uPP°^e ^er to be the fame as Lt>, who , was changed into a Cow, and reftored to her human form in Egypt, where fhe taught agr culture, and go¬ verned the people with mildiiefs and equity, for which reafons (he received divine honours after death. According to feme traditions mentioned by Plutarch, Ifis married her brother Ofiris, and was pregnant by him even before flie had left her mother’s womb. Thtfe two ancient deities, as feme authors obferve, compre¬ hended all nature and all the gods of the heathens. Ids was the Venus of Cyprus, the Minerva of Athens, the Cybele. of the Phrygians, the Ceres of Eleufis, the Proferpine of Sicily, the Diana of Crete, the Bel- lona pf the Romans, &c. Ofiris and Ifis reigned con¬ jointly in Egypt 5 but the rebellion of Typhon, the brother of Ofiris, proved fatal to this fovereign. The ox and the cow were the fymbols of Ofiris and Ifis ; becaufe thefe deities, while on earth, had diligently applied themfelves to cultivating the earth. As Ifis was fuppofed to be the moon, as Ofiris the fun, Ihe ras reprefented as holding a globe in her hand, with veflel full of ears of corn. The Egyptians believed ihat the yearly and regular inundations of the Nile proceeded from the abundant tears which Ifis filed for the lofs of Oiiris, whom lyphon had bafely murdefed. The word according to fome, fignifies “ ancient,” and on that account the inferiptions on the fiatues of the goddefs were often in thefe words : << I am all that has been, that (hall be 5 and none among mortals has hitherto taken off my veil.” The worlhip of Ifis was univerfal in Egypt, the priefts were obliged to obferve perpetual chaftity, their head was clofely (haved, and they always walked barefooted, and clothed themfelves in linen garments. They never ate onions, they ab- Itained from fait with their meat, and were forbidden to eat the fiefh of {beep and of hogs. During the night they were employed in continual devotion near the ftatue of the goddefs. Cleopatra, the beautiful queen of Egypt, was wont to drei's herfelf like this goddefs, and affe6!ed to be called a fecond Ifis. Isis, or Thames, a river that has its rife in Glou- cefterfhire, and flows through only a fmall part of Wilt- fhire. It enters this county near its fource, and be¬ gins to be navigable for boats at Cricklade •, but af¬ ter running in a ferpentine manner about Four miles, it leaves Gloucefterfliire at a village called CaJUe Eaton. Isis, a genus of animals belonging to the order zoo- phyta, in the clafs vermes. See Helminthology Index. ISLAM, or IslamisM; the true faith, according to the Mahometans. See Mahometanism. ISLAND, a traT of dry land encompafled with water j in which fenfe it Hands contradiftinguilhed from Continent, or Terra Firma. Several naturalifts are of opinion, that the iflands were formed at the deluge $ others think, that there have been new iflands formed by the calling up of vail heaps of clay, fand, mud, &c.; others think they have been feparated from the continent by violent llorms, inundations, and earthquakes. Thefe lalt have ob- ierved, that the Eaft Indies, which abound in iflands aiore than any other part of the world, are likewife,, V r .3S0 1 I S L more annoyed with earthquakes, tempefts, lightnings, volcanoes. Sec., than any other part. Others again conclude, that illands are as ancient as the world, and that there were fome at the beginning j and amoncr other arguments, fupport their opinion from Gen. x. cl and other paffages of Scripture. Varenius thinks that there have been illands pro¬ duced each of thefe ways. St Helena, Afcenfion, and other fleep rocky iflands, he fuppofes to have be¬ come fo by the Tea’s overflowing their neighbouring champaigns ; but by the heaping up huge quantities of fand, and other terreftrial matter, he thinks the iflands of Zealand, Japan, &c. were formed. Suma¬ tra and Ceylon, and molt of the Eall India iflands, he thinks, were rent off from the main land 5 and con¬ cludes, that the iflands of the Archipelago were form¬ ed in the fame way, imagining it probable that Deu¬ calion’s flood might contribute towards it. The an¬ cients had a notion that Delos, and a few other iflands, rofe from the bottom of the fea j which, how fabulous foever it may appear, agrees with later obfervations, Seneca takes notice, that the illand T herafia rofe thus out of the iEgean fea in his time, of which the man¬ ners were eye witneffes. h is indeed very probable, that many iflands hav@ exilted not only from the deluge, but from the crea¬ tion of the world ; and we have undoubted proofs of the formation of illands in all the different way* above mentioned. Another way, however, in which iflands are frequently formed in the South fea, is by the co¬ ralline infe£ls. On this fubjeft there is a curious dif- fertation by Alexander Dalrymple, Efq. in the Philo- fophical Tranfaftions for the year 1768, to which we refer the reader. See alfo Geography Index. Islands of Ice. See lCE-Jjland. I/oating ISLANDS. Hillories are full of accounts of floating iflands •, but the greateft part of them are either falfe or exaggerated. What we generally fee of this kind is no more than the concretion of the lighter and more vifcuus matter floating on the furface of the water in cakes ; and, with the roots of the plants, forming congeries of different fizes, which, not being fixed to the Ihore in any part, are blown about by the winds, and float on the furface. Thefe are generally found in lakes, where they are confined from being carried too far $ and, in procefs of time, fome of them acquire a very confiderable fize. Seneca tells us of many of thefe floating illands in Italy 5 and fome later writers have deferibed not a few of them in other places. But, however true thefe accounts might have been at the time when they were written, very few proofs of their authenticity are now to be found 5 the floating iflands having either difappeared again, or been fixed to the fides in fuch a manner as to make a part of the Ihore. Pliny tells us of a great illand which at one time fwam about in the lake Cutilia in the coun¬ try of Reatinum, which was difeovered to the old Ro¬ mans by a miracle •, and Pomponius tells us, that ill Lydia there were feveral iflands fo loofe in their foun¬ dations, that every little accident Ihook and removed them. Island (or Iceland') Cry Hal. See CRYSTAL, Ice* land; Mineralogy Index. ISLE-adam, a town of France, with a handfome callle. IW 1! Iue-adani« I S L r 361 1 ISO jile-adam caflle, and the title of a baron ; feated on the river ' ahns-houfes, are under the care of the brewers com- IflingtQn II Oife, three miles from Beaumont, and 20 from Paris, pany. Here is an hofpital with its chapel, and a work- Tf . ^ 2> N. Lat# ^ houfe for the poor. There is a fpring of chalybeate toc ^‘oria'; Isi.E-de-Dieu, a fmall ifland of France, in the fea of water in a very pleafant garden, which for fome years Gafcony, and on the coaft of Poitou, from which it is was honoured by the conftant attendance of the prin- diftant 14 miles. W. Long. 2. 5. N. Lat. 46. 45. cefs Amelia, and many perfons of quality, who drank IsLE-de-France^ one of the twelve general govern- the waters. To this place, which is called New Tun- inents of France, under the old divifion 5 bounded on the bridge Wells, many people refort, efpecially during north by Picardy, on the weft by Normandy, on the the fummer, the price of drinking the waters being fouth by the government of Orleannois, and on the eaft 10s. 6d. for the feafon. Near this place is a houfe of by that of Champagne. It is about 90 miles in length, entertainment, called Saddler's Wells, where, during and as much in breadth; and is watered by the rivers the fummer feafon, people are amufed with balance- Seine, Marne, Oife, and Aifne. The air is tempe- maders, walking on the wire, rope-dancing, tumbling, rate, and the foil fertile j and it abounds in wine, corn, and pantomime entertainments. and fcuits. It contains ten fmall diftridls, and Paris ISLIP, a town of Oxfordlhire, 56 miles from Lou¬ is the capital city. don, is noted for the birth and baptifm of Edward ISLEBIANS, in ecclenaftical hiftory, a name giv- the Confcffor. By means of inland navigation, it has en to thofe who adopted the fentiments of a Lutheran communication with the rivers Merfey, Dee, Kibble, divine of Saxony, called John Agricola, a difciple and Oufe, Trent, Darwent, Severn, Humber, Thames, companion of Luther, a native of Illeb, whence the Avon, &c. j which navigation, including its wind- name ; who interpreting literally foine of the precepts ings, extends above 500 miles, in the counties of Lin- of St Paul with regard to the Jewifti law, declaimed coin, Nottingham, York, Lancafter, Weftmoreland, again!! the law and the neceflity of good works. See Chefter, Stafford, Warwick, Leicefter, Oxford, Wor- Antinomians. cefter, &c. It has a good market for iheep, and fome ISLING TON, a village of Middlefex, on the north remains of an ancient palace, faid to have been King fide of London, to which it is almoft contiguous. It Ethelred’s. Here is a charity fchool. The chapel appears to be of Saxon origin j and in the Conqueror’s wherein Edward was baptized ftood at a fmall diftance time was written Ifledon, or Ifendon. The church north from the church, is ftill called the king’s chapel, is one of the prebends of St Paul’s*, to the dean and was entirely defecrated during Cromwell’s ufurpation, chapter of which a certain precinf! here belongs, for and converted to the meaneft ufes of a farm-yard ; at the probate of wills, and granting adminiftrations. prefent it has a roof of thatch. It is built of Hone, 1 5 The church was a Gothic ftru&ure, ere&ed in 1503, yards long, and 7 broad, and retains traces of the arches and ftood till 1751, when the inhabitants applied to of an oblong window at the eaft end. This manor was parliament for leave to rebuild it, and foon after erefl- given by Edward the Confeffor to Weftminfter abbey, ed the prefent ftrufture, which is a very fubftantial to which it ftill belongs. brick edifice, though it does not want an air of light- ISMAELITES, the defcendants of Ifmael; dwell- nefs. The number of houfes in Iflington exceeds ing from Havila to the wildernefs of Sur, towards 2000; and the total amount of the population, as it Egypt, and thus overfpreading Arabia Petraea, and was eftimated in iBoi, was more than 10,000. The therefore Jofephus calls Ifmael the founder of the White-conduit houfe in this place, fo called from a Arabs. white ftone conduit that Hands before the entrance, ISMAKUS, in Ancient Geography, a town of the has handfome gardens with good walks, and two large Cieones in Thrace, giving name to a lake. In Vir- rooms, one above the other, for the entertainment of gil it is called Ifmara. Servius fuppofed it to be a company at tea, &c. In the fouth-w'eft part of this mountain of Thrace ; on which mountain Orpheus village is that noble refervoir, improperly called New dwelt. River Head; though they are only two bafons, which ISNARDIA, a genus of plants, belonging to the receive that river from Hertfordfliire, and from whence tetrandria clafs, and in the natural method ranking the w'ater is thrown by an engine into the company’s under the 17th order, Cahjcanthemce. See Botany pipes for the fupply of London. In the red moat on Index. the north fide of thefe bafons, called Six-Acre Field, ISNY, an imperial town of Germany, in Suabia, from the contents of it, which is the third field beyond and in Algow ; feated on the river Ifny, in E. Long, the White Conduit, there appears to have been a fort- 9. 10. N. Lat. 47. 45. refs in former days, enclofed with a rampart and ditch, ISNIC, a town of Turkey in Afia, and in Natolia, which is fuppofed to have been a Roman camp, made with a Greek archbifliop’s fee. It is the ancient Nice, ufe of by Suetonius Paulinus after his retreat, which famous for the firft general council held here in 325. Tacitus mentions, from London, before he fallied There is 'now nothing remaining of its ancient fplen- thence, and routed the Britons under their queen dour, but an aqueduct. The Jews inhabit the greateft Boadicea; and that which is vulgarly, but erroneouf- part of it ; and it is feated in a country fertile in corn ly, called Jack Straw’s caftle, is a fquare place in the and excellent wine. E. Long. 29.50. N. Lat. 40. 16. fouth-weft angle of the field, fuppofed to have been ISOCHRONAL, is applied to fuch vibrations of the feat of the praetorium or Roman general’s tent, a pendulum as are performed in the fame fpace of In this pariih are two charity-fehools; one founded in time ; as all the vibrations or fwings of the fame pen- 1613, by Dame Alice Owen, for educating 30 chil- dulum are, whether the arches it defcribes are ftiorter ftren. This foundation, together with that of a row of or longer. VOL. XL Part I. .. Z z . . ISQCU&ONAL 1 (fochronal line H Ifpahan. ISP [362 ISOCHRONAL Line, that in which a heavy body is fuppofed to defcend without any acceleration. ISOCRATES, one of the greateft orators of Greece, was born at Athens, 436 B. C. He was the fon of Theodorus, who had enriched hirafelf by making mu- fical inftruments, and gave his fon a liberal education. Ifoerates was the difciple of Prodicus, Gorgias, and other great orators. He endeavoured at firft to de¬ claim in public, but without fuccefs; he therefore contented himfelf with inftru£ting his fcholars, and making private orations. He always {bowed great love for his country 5 and being informed of the lofs of the battle of Cheronea, he abftained four days from eating, and died, aged 98. There are {till extant 21 of his difeourfes or orations, which are excellent per¬ formances, and have been tranflated from the Greek into Latin by Wolfius. Ifocrates particularly excelled in the juftnefs of his thoughts, and the elegance of his expreflions. There are alfo nine letters attributed to him. ISOETES, a genus of plants belonging to the cryptogamia clafs. See Botany Index. ISOLA, a town of Italy, in the kingdom of Naples, and in the Farther Calabria, with a bifhop’s fee. It is a fea-port town, and is feated 15 miles Ibuth-eaft of St Severina. E. Long. 17. 33. N. Lat. 39. 2. ISOPERIMETRICAL figures, in Geometry, are fuch as have equal perimeters or circumferences. ISOPYRUM, a genus of plants belonging to the polyandria clafs, and in the natural method ranking under the 26th order, Muhijiliquce. See Botany Index. ISOSCELES triangle, in Geometry, one that has two equal fides. ISPAHAN, or, as the Perfians pronounce it, Span* fiawn, the capital of Perfia, is fituated in the province of Irac Agemi, or Perfia Proper, upon the ruins, as is generally fuppofed, of the ancient Hecatompylos, or, as others think, of the Afpa of Ptolemy. Moft of the eaftern aftronomers and geographers place it in N. Lat. 32. 25. E. Long. 86. 40. It Hands in a very extenfive plain, furrounded by mountains *, and has eight diftri&s belonging to it, that contain about 400 towns and vil¬ lages. The fertility of the foil, the mildnefs of the fea- fons, and the fine temperature of the air, all confpire to render Ifpahan one of the moft charming and delightful cities in the world. It is unanimoufly agreed, that the prefent city is of no great antiquity $ and the two parts into which it is divided, preferve the names of two con¬ tiguous towns, from the junction of which it was form¬ ed. The inhabitants of thefe, notwithftanding their neighbourhood, bear an inveterate antipathy to each other; which they difcover on all public occafions. Spauhavvn owes the glory it now poffeffes to the great Shah Abas •, who, after the conqueft of the kingdoms of Lar and Ormus, charmed with the fituation of this place, made it the capital of his empire, between the years 1620 and 1628. The mountains, with which this city is furrounded, defend it alike from the fultry heats of fummer and the piercing winds of the winter feafon : and the plain on w'hich it ftands is watered by feveral rivers, which contribute alike to its ornament and ufe. Of thefe rivers, the Zenderoud,' after being Joined by the Mahmood, paffes by Spauhawaj where it ] 1 s p has three fine bridges over it, and is as broad as the Ifpaban. Seine at Paris. The waters of thefe united ftreams are •»« fweet, pleatant, and wholefome, almoft beyond compa- rifon j as indeed are all the fprings found in the gardens belonging to the houfes of Spauhawn. The extent of Spauhawn is very great 5 not lefs perhaps than 20 miles rvithin the walls, which are of earth, poorly built, and fo covered with, houfes and {haded with gardens, that in many places it is difficult to difcover them. The Per- fians are wont to fay, Spauhawn mjpigehon, i. e. Spau¬ hawn is half the world. Chardin fays, that iome rec-- koned the number of inhabitants at 1,000,000 j but he did not look upon it as more populous than London, or containing more than 600,000. At a diftance, the city is not eafily diftinguilhed ; many of the ftreets being a- dorned w ith plantains, and every houfe having its garden, the whole looks like a wood. The ftreets in general are neither broad nor convenient 5 there being three great evils which attend them : the firft is, that being built on common fewers, thefe are frequently broke up, which is very dangerous, confidering that moft people are on horfeback ; the fecond is, that there are many wells or pits in them, which are not lefs dangerous } the third arifes from the people’s emptying all their ordure from the tops of their houfes : this laft, indeed, is in fome meafure qualified by the drynefs of the air, and by its being quickly removed by the peafants, who carry it away to dung their grounds. Some reckon eight, and others ten gates, befides pofterns j but all agree that there is no difficulty of entering at any hour of the day or night. The three principal fuburbs annexed to it are, Abas-Abad, built by Shah Abas, and belonging to the people of Tauris j Julfa, inhabited by a colony of Armenians, called by fome New Julja, to diftinguifti it from the ancient city of that name, fituated in Arme¬ nia, upon the Araxes, whence the original inhabitants of New Julfa were brought; and Ghebr-Abad, or, as the Arabs pronounce it, Kebr-Abad, the ftreet of the magians, occupied entirely by the profeffors of magifm, or the religion of the ancient Perfians. The river Zen¬ deroud feparates the city of Ifpahan and Abas-Abad from Julfa and Ghebr-Abad. This city has fuffered greatly fince the commencement of the dreadful rebel¬ lion in 1721 5 the whole kingdom from that period, till a few years ago, having been almoft a continued fcene of blood, ravages, and confufion. A celebrated mo¬ dern traveller, who was on the fpot, tells us, that the inhabitants of Julfa, not many years before the above revolution happened, amounted to 30,000 fouls j had 13 churches, and above 100 priefts ; and paid the Per- fian court 200 tomans * yearly for the free exercife of * tj> their religion : that fome of the ftreets were broad and man is rec- handfome, and planted w ith trees, with canals andkoned at fountains in the middle j others narrow and crooked, 3^ 7s* ^er" and arched a-topj others again, though extremely nar- row, as well as turning and winding many ways, were of an incredible length, and refembled fo many laby¬ rinths : that, at a fmall diftance from the town, there were public walks adorned with plane-trees on either hand, and W'ays paved with ftones, fountains, and cif- terns : that there were above 100 caravanferas for the ufe of merchants and travellers, many of which were built by the kings and prime nobility of Perfia: that, as little rain fell there, the ftreets were frequently full of duft, which rendered the city difagreeable during a eonfiderable I s R [ 363 1 I S S Ifpa!ian confiderable part of the fummer j that the citizens, il. however, to make this inconvenience more tolerable, Ifraeluta. ^ to water when the weather was warmer than ufual: that there was a caftle in the eaftern part of the town, which the citizens looked upon as impregnable, in which the public money, and moft of the military (lores, were faid to be kept: that, notwithflanding the baths and caravanferas were almoft innumerable, there was not one public hofpital: that moft of the public buildings were rather neat than magnificent, though the great meydan or market-place, the royal palace (which is three quarters of a league in circumference), and the alley denominated Toher bag adjoining to it, made a Very grand appearance: that the former contained the royal mofque •, the building denominated kayserich, where all forts of foreign commodities were expofed to fale $ and the mint, ftyled by the Perfiansferraa-hhoneh, where the current money^of the kingdom was coined: that, befides the native Perfians, there were then in Ifpahan above 10,000 Indians all fupported by trade; 20,000 Georgians, Circaflians, and Tartars of Daghe- ftan dr Lefgees, with a confiderable number of Engiifh, Dutch, Portuguefe, and a few French: that the Capu¬ chins, difcalceated or barefooted Carmelites, Jefuits, Dominicans, and Auftin friars, had likewife their con¬ vents here, though they were unable to make any con¬ verts *, and that there were above 100 mofques and pub¬ lic colleges. But fince the fatal period above mention¬ ed, the fuburb of Julfa was almoft totally abandoned by the Armenians. The government of Ifpahan, twenty- three leagues long and as many broad, comprehending feveral diftri&s, moft of them formerly well peopled, appeared not many years ago little better than a de¬ fer! ; for moft of the inhabitants of that fertile and de¬ lightful tract had been driven out and difperfed. Mul¬ titudes of them took a precarious refuge in the moun¬ tains of Loriftan, lying between Ifpahan and Sufter, while their lands were left untilled, and their houfes mouldered into ruins. In fliort, all the diftrefles of an unfuccefsful war, or the invafion of a barbarous enemy, could not have plunged the people of Ifpahan into great¬ er mifery than the viftories of their tyrannical king Na¬ dir Shah, who feemed more folicitous to humble his own fubje6ts than to crufti his enemies. See Persia. ISPIDA. See Alcedo, Ornithology Index. ISRAEL, the name which the angel gave Jacob, after having wreftled with him all night at Mahanaim or Penuel (Gen. xxxii. 1, 2, and 28, 29, 30, and Ho- fea xii. 3.). It fignifies a conqueror of God or a prince of God. or, according to many of the ancients, a man who fees God. By the name of Ifrael is fometimes underftood the perfon of Jacob; fometimes the whole people of Ifrael, or the whole race of Jacob ; and fometimes the king¬ dom of Ifrael, or of the ten tribes, diftindl from the kingdom of Judah. ISRAELITES, the defcendants of Ifrael ; who were at firft called Hebrews, by reafon of Abraham, who came from the other fide of the Euphrates; and afterwards Ifraelites, from Ifrael the father of the twelve patriarchs ; and laftly Jews, particularly after their return from the captivity of Babylon, becaufe the tribe of Judah was then much ftronger and more nume¬ rous than the other tribes, and foreigners had fcarcely any knowledge of this trib ISSACHAR, one of the divifions of Paleftine by Iffachar tribes ; lying to the fouth of Zabulon, fo as by a nar- II row (lip to reach the Jordan, between Zabulon and , Manaffeh, (Jofti. xix.). But whether it reached to the " y fea, is a queftion : fome holding that it did ; an afler- tion not eafy to be proved, as Jolhua makes no mention of the fea in this tribe, nor does Jofephus extend it farther than to Mount Carmel; and in Jofh. xvii. 10. Afher is faid to touch Manaffeh on the north, which could not be if Iflachar extended to the fea. ISSOUDUN, a town of France, in Berry, which carries on a trade in wood, cattle, cloth, hats, and (lockings; is feated partly in a plain, and partly on an eminence. E. Long. 2. 5. N. Lat. 46. ijy. ISSUE, in common law, has various applications; being fometimes taken for the children begotten be¬ tween a man and his wfife—fometimes for profits grow¬ ing from amercements or fines—fometimes for pro¬ fits of lands and tenements—but more frequently for the point of matter depending in fuit, whereupon the parties join, and put their caufe to the trial of the jury. In all thefe occafions, iflue has but one fignification, which is, an effe£l of a caufe preceding; as the chil¬ dren are the effedt of the marriage between the pa¬ rents ; the profits growing to the king or lord, from the puniftiment of any man’s offence, are the effedl of his tranfgreflion ; the point referred to the trial of twelve men is the effedl of pleading, or procefs. See Plea and IJfue. ISSUES, in Surgery, are little ulcers made defign- edly by the furgeon in various parts of the body, and kept open by the patient, for the prefervation and re¬ covery of his health. ISSUS, now Ajazo, a town of Cilicia in Natolia, with a harbour on the Levant fea, a little to the north of Scanderoon. E. Long. 36. 25. N. Lat. 36. 56. Near this place, in a difficult pafs between tha mountains and the fea, Alexander the Great fought his fecond battle with Darius. One great caufe of the de¬ feat which the Perfians received here was the bad con- du6l of their monarch, who led his numerous forces in¬ to a narrow place, where they had not room to a6l. Alexander was fo much furprifed when he firft received the news that Darius was behind him, that he could fcarcely believe it to be true : but when he was tho¬ roughly fatisfied of the fa£l, and that Darius had again paffed the river Pinarus, he called a council of war, wherein, without a (king any body’s advice, he only told them, that he hoped they vtauld remember their former aflions : and that they, who were always conquerors, were about to fight people who were always beaten. He further obferved, that Darius feemed to be infatuated, fince he had with fuch expedition quitted an open and champaign country, where his numbers mighthave act¬ ed with advantage, to fight in a place inclofed, where the Macedonian phalanx might be well drawn up, and where his numbers could only incommode him. He then made the neceffary difpqfitions for repafling the mountains, polled guards where he found them necef¬ fary, and then commanded Ms troops to refreih them- felves, and to take their reft till morning. At break of day he began to repafs the mountains, obliging his forces to move in clofe order where the road was narrow, and to extend themfelves as they £ * 2 had I S S r 56+ ] 1ST Iffus. had more room ; the right wing keeping always clofe to the mountain, and the left to the fea-lhore. On the right there was a battalion of heavy-armed troops, befides the targeteers under the command of Nicanor the fon of Parmenio. Next thefe, extending to the phalanx, were the corps of Coenus and Perdiccas j and on the left the refpeftive bodies commanded by Amyn- tas, Ptolemy, and Meleager. The foot appointed to fupport them were commanded by Craterus j but the whole left wing was committed to Parmenio, with flrift orders not to decline from the fea;fhore, left the Perfians fliould furround them. Darius ordered 20,000 foot and 30,000 horfe to retire, finding that he already wanted room to draw up the reft. His firft line confifted of 30,000 Greek mercenaries, having on their right and left 60,000 heavy-armed troops., being the utmoft the ground would allow. On the left, towards the mountain, he ported 20,000 men, which, from the hollow' fituation of the place, were brought quite behind Alexander’s right wing. The reft of his troops were formed into clofe and ufelefs lines behind the Greek mercenaries, to the number in all of 600,000 men. When this was done, he fuddenly recalled the horfe who had retired, fending part of them to take port on his right againft the Macedonians commanded by Parmenio ; and the red he ordered to the left towards the mountain : but, finding them unferviceable there, he fent the greateft part of them to the right; and then took upon himfelf, according to the cufiom of the Per- fian kings, the command of the main body. As foon as Alexander perceived that the weight of the Perfian horfe was difpofed againft his left wing, he difpatched, with as much fecrecy as he could, the Theflalian ca¬ valry thither, and fupplied their places on the right by fome brigades of horfe from the van, and light-armed troops. He alfo made fuch difpofitions, that, notwith- ftanding the mighty advantage of the hollow mountain, the Perfians could not furround him. But, as thefe precautions had confiderably weakened the centre of his army, he ordered thofe advanced ports on the enemy’s left, of which he was moft apprehenfive to be attacked at the very beginning of the fight ; and, when they were eafily driven from them, he recalled as many troops as were neceilaiy to ftrengthen his centre. When all tilings were in order, Alexander gave ftricft command, that his army ftiould march very flovvly. As for Darius, he kept his troops fixed in their ports, and in fome places threw up ramparts j whence the Macedonians rightly obferved, that he thought himfelf already a prifoner. Alexander at the head of the right wing engaged firft, and without any difficulty broke arid defeated the left wing of Darius. But, endeavouring to pafs the river Pinarus after them, his troops in fome meafure lofing their order, the Greek mercenaries fell upon them in flank, and made them fight, not only for viiftory, but for their lives. Ptolemy the fon of Seleu- cus, and 1 20 Macedonians of fome rank, were killed upon the fpot. But the foot next to Alexander’s right wing coming in feafonably to its relief, fell upon the mercenaries in flank, amongft whom a dreadful carnage was made ; they being in a manner furrounded by the horfe and light-armed troops, which at firft purfued the left wing, and the foot that now pafled the river. The Perfian horfe on the right ftill fought gallantly ; but, when they were thoroughly informed of the rout of I their left wing and of the deftrudlion of the Greek mer- Iffus, cenaries, and that Darius himfelf was fled, they began Ifthmia. to break, and betake themfelves to flight alfo. The ■"v—— Theflalian cavalry purfued them clofe at the heels 5 and the narrow craggy roads incommoded them exceeding¬ ly, fo that vail numbers of them periihed. As for Da¬ rius, he fled, foon after the left wing was broken, in a chariot with a few of his favourites : as far as the coun¬ try was plain and open, he efcaped well enough j but, when the roads became rocky and narrow, he quitted it, and mounting a horfe, rode all the night ; his cha¬ riot, in which were his cloak and his bow, fell into the hands of Alexander, who carried them back to his camp. In refpecl to the battle of Ifius, Diodorus informs us, that Alexander looked everywhere about for Darius •, and, as foon as he difeovered him, with his handful of guards attacked him and the flower of the Perfian army which was about him ; being as defirous of obtaining this vidlory by his perfonal valour, as of fubduing the Perfian empire by the courage of his foldiers. But when Oxathres, the brother of Darius, faw Alexander’s defign, and how fiercely he fought to accomplifh it, he threw himfelf, with the horfe who were about him, be¬ tween his brother’s chariot and the enemy, where an obftinate fight was maintained, till the dead bodies rofe like an entrenchment about the chariot of Darius. Ma¬ ny of the Perfian nobility were flain, and Alexander himfelf was wounded in the thigh. At laft the horfes in the chariot of Darius ftarted, and became fo unruly, that the king himfelf was forced to take the reins j the enemy, however, prefled fo hard upon him, that he was conftrained to call for another chariot, and mounted it in great danger. This was the beginning of the rout, which foon after became general. According to this author, the Perfians loft 200,000 foot, and 10,000 horfe ; the Macedonians 300 foot, and 130 horfe. Juftin informs us, that the Perfian army confifted of 400,coo foot, and 100,coo horfe. He fays, that the battle was hard fought ; that both the kings were wounded 5 and that the Perfians ftill fought gallantly when their king fled, but that they were afterwards fpeedily and totally routed : he is very particular as to their lofs, which he fays amounted to 6i,oco foot, 10,000 horfe, and 40,000 taken prifoners ; of the Ma¬ cedonians he fays there fell no more than 130 foot, and 150 horfe. Curtius fays, that of the Perfians there fell 100,000 foot, and rc,000 horfe : of Alexander’s army 504, he fays, were wounded; 32 foot and 150 horfe killed. That we may not fufpe£I any error in tranf- cribers, his own obfervation confirms the fa The Roman general next proceeded to inveft Cumae j. which Teia determined at all events to relieve, as the royal treafure was lodged in that city. This brought on an engagement, which, if Procopius is to be cre¬ dited, proved one of the moft bloody that ever was 30 fought. The Roman army confifted of vaft multi-ai, Lodi, Como, and others quite to the Alps, being part of almoft without inhabitants, fubmitted of courfej Italy. after which he reduced Milan, and was thereupon pro¬ claimed king of Italy. But though the Lombards had thus conferred the title of ki g of Italy on theif fovereign, he was by no means poffeffed of the whole country, nor indeed was it ever in the power of the Lombards to get poffVffion of the whole. Alboinus having made himfelf mafter of Venetia, Liguria, ^Emilia, Hetruria, and Umbria, Applied himfelf to legiflation and the civilization of his fubje&s. But before he could make any progtefs in 3 this work, he was taken off by the treachery of his Italy, wife ; and ClepbT, one of the nobles, chofen king in his {lead. Clepbis rebuilt fome cities which had been ruined during the wars between the Goths and Ro¬ mans* and extended his conquefts to the very gates of Rome ; but as he behaved both to the Romans and Lombards with the greaieft cruelty, he was murdered, after a ftmrt reign of 18 months. His cruelty gave the Lombards fuch an averfion againtl regal power, that they changed their form of government, being govern¬ ed only by their dukes for th< ipace of ten years. Du¬ ring this interregnum, they proved fuccefsful in their wars with the Romans, and made themfelves mailers of feveral cities : but perceiving that their kingdom, thus divided, could not fubfift, they refolved once more to fubmit to the authority of one man ; and ac¬ cordingly, in 585, Autharis was chofen king of the Lombards. The great objefl of ambition to the new race ofsubdued bf Lombard monarchs was the conqueft of all Italy j and Charles this proved at laft the ruin of their empire by Charlesmaisne* the Great, as related under the article France, N° 27. As the Lombards, however, had not been poffeffed of the whole territory of Italy, fo the whole of it never came into the poffeflion of Charlemagne : neither fince the time of the Goths, has the whole of this country been under the dominion of any fingle ftate. Some of the fouthern provinces were ft ill poffeffed by the em¬ perors of Conftantinople *, and the liberal grants of Pe¬ pin and Charlemagne himfelf to the pope, had invefted him with a ccnfiderable (hare of temporal power. The territories of the pope indeed were iuppofed to be held in vaffalage from France-, but this the popes the m-E^t^f 0f felves always ftiffiy denied. The undifputed territory his Italiart of Charlemagne in Italy, therefore, was reftri£ied todominiotisy Piedmont, the Milanefe, the Mantuan, the territory of Genoa, Parma, Modena, Tufcany, Bologna, the dukedoms of Friuli, Spoleto, and Benevento-, the laft of which contained the greateft part of the prefent kingdom of Naples. The feudal government which the Lombards had in¬ troduced into Italy, naturally produced revolts and commotions, as the different dukes inclined either to change their mafters or to fet up for themfelves. Se¬ veral revolts indeed happened during the life of Char¬ lemagne himfelf •, which, however, he always found means to cruffi : but after his death, the lovereignty of Italy became an objeft of contention between the kings of France and the emperors of Germany. That great monarch had divided his extenfive dominions among his children j but they all died during his life¬ time, except Louis, whom he affociated with himfelf in the empire, and who fucceeded to all his dominions after his death. From this time we may date the trou¬ bles with which Italy Was fo long overwhelmed ; and of which, as they proceeded from the ambition of thofe fcallcd kings of Italy and their nobles, of the kings of France, and of the emperors of Germany, it is difficult to have any clear idea. The following fhort fketch, however, may perhaps give 1'ome fatisfa£lion on this perplexed fubjedl. ° t. At the time Louis the fon of Charlemagne was dared emperor of the Weft, Italy was held by Ber-itaiv after nard the fon of Pepin, brother to Louis. Though this the time df Bernard bore the title of ting, yet he was only ac*thHrIe- counted I T A r 375 ] I T A Italy, counted a vaiTa! of the emperor. His ambition, how- “■V"-’"' ever, foon prompted him to rebel againil his uncle j but being abandoned by his troops, he was taken pri- foner, had his eyes pulled out, and died three days after. As the diilurbances ft ill continued, and the nobles of Lombardy were yet very refraftory, Lo- thaire, eldeft fon to the emperor, was in the year 823 fent into Italy ; of which country he was firft crowned king at Rome, and afterwards emperor of the Weft, during his father’s life-time. But though his abilities were fufficient to have fettled every thing in a ftate of a tranquillity, hisunbounded ambition prompt¬ ed him to engage in a rebellion againft his father; whom he more than once took prifoner; though in the end he was obliged to fubmit, and alk pardon for his effences, which was obtained only on condition of his not pafling the Alps without leave obtained from his father. In the mean time, the Saracens, taking advantage of thefe inteftine wars, landed on the coafts of Italy, and committed fuch ravages, that even the bilhops were obliged to arm themfelves for the defence of the country. Lothaire, however, after returning from his unnatural war with his father, was fo far from attempt¬ ing to put an end to thefe ravages, or to reftore tran¬ quillity, that he feized on fome places belonging to the fee. of Rome, under pretence that they were part of his kingdom of Lombardy ; nor would he forbear thefe encroachments till exprefsly commanded to do fo by his father. After having embroiled himfelf, and almolt loft all his dominions, in a war with his bro¬ thers after the death of Louis, and declared his fon, alfo called Louis, king of Italy, this ambitious prince died, leaving to Louis the title of emperor as well as king of Itaiyy with which he had before invefted him. The new emperor applied himfelf to the reftoration of tranquillity in his dominions, and driving out the Saracens from thofe places which they had feized in Italy. This he fully aceomplifhed, and obliged the infidels to retire into Africa j but in 873 he died without naming any fucceflbr. After his death, fome of the Italian nobles, headed by the duke of Tufcany, reprefented to the pope, that as Louis had left no fucceffor, the regal dignity, which had fo long been ufurped by foreigners, ought now to return to the Italians. The pope, however, finding that Charles the Bald, king of France, had fuch an ambition for the imperial crown, that he would ftick at nothing to obtain it, refolved to gratify him, though at as high a price as poflible. He accordingly crowned him em¬ peror and king of Lombardy, on condition of his own¬ ing the independency of Rome, and that he himfelf only held the empire by the gift of the pope. This produced a confpiracy among the difcontented nobles j and at the fame time the Saracens renewing their in- curfions, threatened the eccleftaftical territories with the utmoft danger. The pope folicited the emperor’s aftiftance with the greateft earneftnefs j but the latter died before any thing effectual could be done,; after which, being diftreffed by the Saracens on one hand, and the Lombard nobles on the other, the unhappy pontiff was forced to fly into France. Italy now fell into the utmoft confufion and anarchy ; during which time many of the nobles and dates of Lombardy af- fumed an independence, which they have ever flnce Italy, retained. ——y—- In 877 the pope was.recondufted to Italy with an army by Bofon fon-in-law to Louis II. of France: but though he inclined very much to have railed this prince to the dignity of king of Italy, he found his intereft infufficient for that purpofe, and matters remained in their former fttuation. The nobles, who had driven out the pope, were now indeed reconciled to him : but notwithftanding this reconciliation, the ftate of the country was worfe than ever : the great men renoun¬ cing the authority of any fuperior, and every one iclaiming to be fovereign in his own territories. To add to the calamities which enfued through the am¬ bition of thefe defpots, the Saracens committed every where the molt terrible ravages j till at laft, the Ita¬ lian nobles, defpifing the kings of the Carlovingiaa race, who had weakened themfelves by their mutual diffenfions, began to think of throwing off even all nominal fubttiiftion to a foreign yoke, and retaining the imperial dignity among themfelves. Thus they hoped, that, by being more united among themfelves, they might be more able to refill the common enemy. Accordingly, in 885, they went to Pope Adrian v and requefting him to join them in afferting the indepen¬ dency of Italy, they obtained of him the two follow¬ ing decrees, viz. that the popes, alter their election, might be confecrated without waiting for the prefene® of the king or his ambaffadors ; and that if Charles the Grofs died without fons, the kingdom of Italy, with the title of emperor, ftiould be conferred on fome of the Italian nobles. Thefe decrees were productive of the worft confe- quences imaginable. The emperor complained of be¬ ing deprived of his right y and the diffenfiohs between the Italian nobles themfelves became more fatal than ever. The two moft powerful of thefe noblemen, Be- rengarius duke of Friuli, and Guido or Vido, duke of Spoleto, entered into an agreement, that on the death of the emperor, the former, thould feize on the kingdom of Italy, and the latter on the kingdom of France. Berengarius fucceeded without oppofitionq but Vido was difappointed,, the French having already chofen Eudes or Otho for their king. Upon this he returned to Italy, and turned his arms againft Berengarius.. Vido proved viClorious in an engagement, and drove his rival into Germany 5 where he fought the affift- ance of Arnolphus, who had fucceeded to the crown after the death of Charles. Having thus obtained the kingdom of Italy, Vido employed his time in reform¬ ing the abufes of the ftate, and confirming the grantt formerly given to the pope, out of gratitude for hi& having fanCtified his ufurpation and declared him law¬ ful king of Italy. This tranquillity, however, was of fhort duration. Arnolphus ient an army into Italy ; the Saracens from Spam ravaged the northern parts of the country, and getting poffeffion of a caftle near th@ Alps, held it for many years after, to the great diflrefs of the neighbouring parts, which were expofi d to their continual incurfions p ai d at the fame time Benevento was befieged and taken by the forces of the eaftern em¬ peror, fo that Vido found his empire very confiderably cireumfcribed in its dimenfions. The new king, diftreffed by fo many enemies, affo— ciated his fon Lambert with him in the government, an 4 I T A [ 376 Italy, and bribed the Germans to return to their own coun- ““''v' -' try. In 893, however, they again invaded Italy j but were fuddeniy obliged to leave the country, after ha¬ ving put Berengarius in poffeffion of Pavia. In the mean time, Vido died, and his Ion Lambert drove out Berengarius $ but having joined a faction, headed by one Sergius, againft Pope Formofus, the latter offered the kingdom of Italy to Arnolphus 5 who thereupon en¬ tered the country with an army, befieged and took Rome, maffacring the fadlion of Sergius with the moft unrelenting cruelty. Arnolphus thus matter of Italy, and crowned emper¬ or by the pope, began to form fehemes of {Lengthen¬ ing himfelf in his new acquifitions by putting out the eyes of Berengarius : but the latter having timely no¬ tice of this treachery, fled to Verona ; and the Italians were fo provoked at this and the other cruelties of Ar- nelphus, that they drove him out of the country. His departure occafioned the greateft confufion at Rome. iFormofus died foon after 5 and the fucceffors to the pa¬ pal dignity, having now no army to fear, excited the greateft difturbances. The body of Formofus was dug up and thrown into the Tiber by one pope *, after which that pope was ftrangled, and Formofus’s body buried again in the Vatican, by order of another. At latt the coronation of Arnolphus was declared void, the Sergian faction entirely demolifhed, and the above-mentioned decrees of Adrian were annulled; it being now deter¬ mined that the eledled popes fholild not be confecrated but in prefence of the emperor or his ambafladors. During thefe confufions Lambert enjoyed the king¬ dom in quiet; but the nobles hating him on account of his arbitrary and tyrannical government, began again to think of Berengarius. In the mean time, however, another faffion offered the crown to Louis king of Arles. This new competitor entered Italy with an army in 899 ; but was forced by Berengarius to renounce his claim upon oath, and to fwear that he would never again enter Italy, even though he fliould be invited to be crowned emperor.-—This oath, however, was foon forgot. Louis readily accepted of another invitation, and was crowned king of Italy at Pavia in 901. The following year he forced Berengarius to fly into Bava¬ ria ; but having unadvifedly difbanded his army, as thinking himfelf now fecurely feated on the throne, Berengarius, who watched every opportunity, furprifed him at Verona, and put out his eyes. Thus Berengarius at laft became king of Italy with¬ out a rival; and held his kingdom for 20 years after¬ wards, without any oppofition from his fubje&s, who at laft became fenfible of the mifchiefs arifing from civil difcords. He was not yet, however, without troubles. The Hungarians invaded Italy with a formidable army, and advanced within a fmall diftance of Pavia. Beren- garius armed the whole force of his dominions j and came againft them with fuch a multitude, that the Hun¬ garians retired without venturing an engagement. A great many of their men were loft in pafling a river ; upon which they fent deputies to Berengarius, offering to reftore all their booty, and never to come again into Italy, provided they were allowed a fafe retreat. Thefe conditions verq imprudently denied; upon which the Hungarians attacked the army of Berengarius in de- fpair, and defeated them with great {laughter. After this they overran the whole country, and plundered the 1 I T A towns of Trevifo, Vicenza, and Padua, without refill- It»L. ance, the inhabitants dying everywhere into fortified ^ places. This devaftation they continued for two years; nor could their departure be procured without paying them a large fum of money : which, however, proved, of little avail; for the following year they returned and ravaged the territory of Friuli without controul. Scarcely were thefe invaders departed, when the Sa¬ racens, who had fettled at the foot of the Alps, in¬ vaded Apulia and Calabria, and made an irruption as far as Acqui in the neighbourhood of Pavia; while the inhabitants, inftead of oppofing them, fled to fome forts which had been eredled in the time of the firft ir¬ ruption of the Hungarians. In 912, however, John, prelhyter of Ravenna, having attained the papal digni¬ ty by means of Theodora wife of Aldebert count of Tufcany, applied himfelf to regulate the affairs of the church, and to reprefs the inlults of the Saracens. While he was confidering on the moft proper methods of effecting this, one of the Saracens, who had received an injury from his countrymen, fled to Rome, and of¬ fered to deliver the Italians from their invalions, if the pope would but allow him a fmall body of men. His propofals being accepted, 60 young men were chofen, all well armed; who being conduced by the Saracens into by'-paths, attacked the infidels as they were re¬ turning from their inroads, and feveral times defeated great parties of them. Thefe Ioffes affefting the Sara- . cens, a general alliance was concluded amongft all their cities ; and having fortified a town on the Garigliano, they abandoned the reft, and retired hither. Thus they became much more formidable than before ; which alarming the pope, he confulted w ith Arnulphus prince of Benevento and Capua, fending at the fame time am¬ bafladors to Conftantine the Greek emperor, inviting him to an alliance againft the infidels. The Saracens, unable to withftand fuch a powerful combination, were befieged in their city : where being reduced to great ftraits, they at laft fet fire to it, and fallied out into the woods; but being purfued by the Italians, they were all cut off to a man. In this expedition it is probable that Berengarius gave great afliftance : for this very year, 915, he was crowned emperor by the pope. This gave difpleafure to many of the ambitious nobles ; confpiracies were repeatedly formed againft him ; in 922, Rodolphus king of Burgundy was crowned alfo king of Italy ; and in 924, Berengarius was treaeheroufly affaflinated at Ve¬ rona ; of which difturbances the Hungarians taking the advantage, plundered the cities of Mantua, Brefcia, and Bergamo. Marching afterw ards to Pavia, they Pavia plan- inverted it clofely on all fides ; and about the middle ofdfred an without diftinclion of age or fex, was obliged us. to pay fo much for their head, not excepting even the poor. The churches were likewife robbed j by which means the king raifed an immenfe fum of money, ten bufhels of which he gave to the Hungarians, but kept the much greater part to himfelf. Berengarius, not yet fatisfied, wanted to be put in polftftion of Pavia, which was held by Adelaide, the widow of Lotharius. In order to obtain his purpofe, he propofed a marriage between her and his fon Adel- bert. This propofal was rejected ; upon which Beren- garius befieged and took the city. The queen was confined in a neighbouring caftle, from whence fire made her efcape by a contrivance of her confeffor. With him and one female attendant {he concealed herfelf for feme days in a wood ; but being obliged to remove from thence for want of food, fire applied for prptedlion to Adelard bifhop of Reggio. By him file was recommended to his uncle Atho, who had a ftrong caftle in the neighbourhood of Canoza. Here file was quickly befieged by Berengarius j upon which meffengers were difpatched to Otho king of Germany, acquainting him, that, by expelling Berengarius, and marrying Adelaide, he might eafily obtain the king¬ dom of Italy. This propofal he readily accepted, and married Adelaide •, but allowed Berengarius to retain the greatefppart of his dominions, upon condition of his doing homage for them to the kings of Germany. VOL. XI. Part I. 11 \ IT He deprived him, however, of the dukedom of Friuli Italy, and marquifate of Verona, which he gave to Henry v duke of Bavaria. ^ Berengarius, thus freed from all apprehenfion, not Otho. only opprelfed his fubje£ls in a moft tyrannical manner, crowned but revolted againft Otho himfelf. This at laft Pro‘j, "f. cured his ruin : for, in 961, Otho returned with an-f^eror 0f army into Italy, where he was crowned king by the the weft, archbiftiop of Milan j and the year following was crowned emperor by the pope. On this occafion he re¬ ceived the imperial crown from his holinefs, and killed his feet with great humility : after which they both went to the altar of St Peter, and bound themfeives by a folemn oath, the pope to be always faithful to the em¬ peror, and to give no aflxftance to Berengarius or Adel- bert his enemies ; and Olho, to confult the welfare of the church, and to reftore to it all its patrimony, granted by former emperors. Otho, befides this, be¬ llowed very rich prefents on the church of St Peter. He ordained that the eledlion of popes Ihould be ac¬ cording to the canons ; that »the defied pope faould not be confecrated till he had publicly promifed, in prefence of the emperor’s commiifkries, to obferve every thing formerly fpecified with regard to the rights of the emperors \ that thefe commilfaries Ihould conllantly refide at Rome, and make a report every year how juftice was adminiftered by the judges j and in cafe of any complaints, the comrnilfaries Ihould lay them be¬ fore the pope j but if he neglefled to intimate them, the imperial commiffaries might then do what they pleafed. Thus we fee that Otho, however much he might allow the pope’s fupremacy in fpiritual matters, plainly ailumed the fovereignty in temporals to himfelf j and thus Italy was for upwards of 300 years accounted a part of the German empire. The popes, however, by no means relilhed this fuperiority of the emperor. The latter was hardly departed, when the pope, (John XII.) broke the oath which he had juft be¬ fore fworn with fo much folemnity j and entered firft into an alliance with Adelbert count of Tufcany to expel the Germans, and then folicited the Hungarians to invade Italy. This treachery was foon punilhed by Otho. He returned with part of his army, and aflembled a council of bilhops. As the pope did not appear, Otho pretended great concern for his abfence. The bifhops replied, that the confcioufnefs’of his guilt made him afraid to {how himfelf. The emperor then inquired particularly into his crimes ; upon which the bilhops accufed him of filling the palace with lewd women, of ordaining a bilhop in a liable, caL trating a cardinal, drinking the devil’s health, &c. 40 As the pope llill refuftd to appear in order to jullify He depofev himfelf from thefe charges, he was formally depofed ; t^e P°Pe* and Leo the chief fecretary, though a layman, ele£ltd in his Head. The new pope, in compliment to the emperor, grant¬ ed a bull, by which it was ordained that Otho and his fucceffors Ihould have a right of appointing the popes and invefting archbiftiops and bifhops ; and that none Ihould dare to confecrate a bilhop without leave ob¬ tained from the emperor. Thus were the affairs of the Italians Hill kept in the utmoft confufion even during the reign of Otho I. who appears to have been a wife and active prince. He was no {boner gone, than the 3 B new Italy. I T A [ 378 3 new pope was depofed, all his decrees annulled, and cuftomary tribute. John replaced. The party of Leo was now treated with great cruelty : but John was foon flopped in his career $ for about the middle of May, the fame year (964) in which he had been reflored, being furprifed in bed with a Roman lady, he received a blow on the head from the devil (according to the authors of thofe times), ef which he died eight days after. After his death a cardinal deacon, named BenediSl, was elefted by the Romans, but depofed by Otho, and banithed to Ham¬ burgh. The emperor was fcarce returned to Germany, when his fickle Italians revolted, and fent for Adelbert, who had fled to Corfica. But being foon reduced, they con¬ tinued quiet for about a year j after which they revolt¬ ed again, and imprifoned the pope. Otho, however, provoked at their rebellious difpofition, foon returned, Italy, The Ita but are re¬ duced. and punifhed the rebels with great feverity j after which he made feveral law's for the better regulation of the city of Rome, granting feveral privileges to the Venetians, and caufed his fon Otho, then only thirteen years of age, to be crowned emperor. This ceremony being over, Otho difpatched an am- baffador to Nicephorus, emperor of Conftantinople, de¬ manding his flep-daughter Theophania in marriage for the young emperor ; but upon this alliance being rejeft- ed, and that not without circumflances of the molt atro¬ cious perfidy, Otho inftantly invaded the countries of Apulia and Calabria, and entirely defeated the Greek army in thofe parts. In the mean time, however, Ni¬ cephorus being killed, and his throne ufurped by John Zimifces, Otho immediately entered into an alliance with the latter, and eafily obtained Theophania for his fon. She was crowned with great folemnity on the 8th of April 969 : at the fame time it is pretended by fome authors, that the Greeks renounced their rights to Ca¬ labria and Apulia ; though this is denied by others. After the celebration of this marriage, the emperor un¬ dertook an expedition againft the Saracens, who ftill refided at the foot of the Alps j but being informed of the death of feveral nobles in Germany, he thought proper to return thither, where he died of an apoplexy 4a in the year 973- State ef -At ^e time of Otho’s death Italy was divided into Italy at the the provinces of Apulia, Calabria, the dukedom of Be- nevento, Campania, Terra Romana, the dukedom of Spoleto, Tufcany, Romagna, Lombardy, and the mar- quifates of Ancona, Verona, Friuli, Trevifo, and Genoa. Apulia and Calabria were fiill claimed by the Greeks ; but all the reft were either immediately fubjedt to, or held of, the kings of Italy. Otho conferred Benevento (including the ancient Samnium) on the duke of that name. Campania and Lucania he gave to the dukes of Capua, Naples, and Salerno. Rome with its territory, Ravenna with the exarchate, the dukedom of Spoleto, with Tufcany, and the marquifate of Ancona, he grant¬ ed to the pope ; and retained the reft of Italy under the form of a kingdom. Some of the cities were left free, but all tributary. He appointed feveral hereditary marquifates and counties, but referved to himfelf the lovereign jurifdidlion in their territories. The liberty of the cities confifted in a freedom to choofe their own magiftrates, to be judged by their own laws, and to difpofe of their own revenues, on condition that they took tlje oath of allegiance to the king, and paid the death of Otho I T A The cities that were not free were governed by the commiffaries or lieutenants of the em¬ peror j but the free cities were governed by two or more confuls, afterwards called potejiates, chofen annually, who took the oath of allegiance to the emperor before the bifliop of the city or the emperor’s commiflary. The tribute exacted was called foderum, parata, et man- Jionaticum. By the foderum was meant a certain quan¬ tity of corn which the cities were obliged to furnilh to the king when marching with an army or making a progrefs through the country ; though the value of this was frequently paid in money. By the parata was underftood the expence laid out in keeping the public roads and bridges in repair 5 and the manfiona- ticum included thofe expences which were required for lodging the troops or accommodating them in their camp. Under pretence of this laft article, the inhabi¬ tants were fometimes ftripped of all they poffeffed, except their oxen and feed for the land. Befides re¬ gulating -what regarded the cities, Otho diflributed honours and poffeflions to thofe who had ferved him faithfully. The honours confifted in the titles of duke^ marquis, count, captain, valvafor, and vaivajin: the pofieflions were, befides land, the duties arifing from harbours, ferries, roads, fifli-ponds, mills, fait pits,, the ufes of rivers, and all pertaining to them, and fuch like. The dukes, marquifes, and counts, were thofe who received dukedoms, marquifates, and coun¬ ties, from the king in fiefs ; the captains had the command of a certain number of men by a grant from the king, duke, marquis, or count 5 the valvafors were fubordmate to the captains, and the valvafins to them. No fooner was the death of Otho I. known in Itsly, Great jif. than, as if they had been now freed from all reftraint,turbance the nobles declared war againft each other : fome ci-happen on ties revolted, and chofe to themfelves confuls j while^6 ^eat^°^ the dominions of others were feized by the nobles, who confirmed their power by eredling citadels. Rome efpecially was haraffed by tumults, occafioned chiefly by the feditious pra'nr> ' lence ; upon which Plenty gave him an invitation into Germany, to end the difpute in an amicable manner. Pafcal did not think proper to accept of this invita¬ tion ; but put himfelf under the proteftion of Philip I. king of France, who undertook to mediate between the contending parties. His mediation, however, proved ineffectual, and Henry was prevented by the wars in Hungary and Poland from paying any further attention to the affair of inveftitures. At laft, having fettled his affairs in Germany, he took a refolution of going to Rome, in order to fettle the difpute perfon- ally with the pope. To give his arguments the greater w-eight, however, he marched at the head of an army of 80,000 men. Pafcal received him with great appearance of friendthip, but w'ould not renounce the claim of inveftitures ; and Henry, finding himfelf deceived in his expectations, ordered the pope to be feized. The conful put the citizens in arms to defend the pope, and a battle was fought within the walls of Rome. The {laughter was fo great, that the waters of the Tiber were tinged with blood. The Romans were defeated, and Pafcal was taken prifoner. The latter renounced his right of inveftiture ; fulemnly fwore never to refume it, and broke his oath as foon as Henry was gone, by fulminating the fentence of excommunication againft him. In 1114 died the countefs Matilda, who had bequeathed all her domi¬ nions to the pope, as we have already cbferved ; but Henry thinking himfelf the only lawful heir, alleged, that it was not in Matilda’s power to alienate her eftates, which depended immediately on the empire. He therefore fet out for Lombardy, and fent ambaffa- dors to the pope, befeeching him to revoke the fen¬ tence of excommunication above mentioned. Pafcal, however, would not even favour the ambaffadors with an audience 5 but dreading the approach of Henry himfelf, he took refuge among the Norman princes in Apulia. Henry arrived at Rome in 1117 ; ^ut being foon after obliged to leave it in order to fettle fome affairs in Tufcany, the pope returned to Rome, but died in a few days. On the third day after his de- ceafe, Cardinal Cajetan was elected his fucceffor, with¬ out the privity of the emperor, under the name of Gelojius II. The new pope was inftantly depofed by Henry } who fet up the archbifhop of Prague, under the name of Gregory VIII. Gelafius, though fup- ported by the Norman princes, was obliged to take refuge Italy. S7 . Determina¬ tion of the affair of in- veltitures. * See GuelphsanA Gibelines. 58 Italy in¬ vaded by Frederic Bwbarofla. 1 T A [ refuge in France, where he died; and the archbifhop 1 of Vienna was elected by the cardinals then prefent un¬ der the name of Calixtus U. The new pope attempted an accommodation with Henry ; which not fucceeding, he excommunicated the emperor, the antipope, and his adherents. He next fet out for Rome, where he was honourably re¬ ceived ; and Gregory VIII. was forced to retire to Sutri, a ftrong town garrifoned by the emperor’s troops. Here he was befieged by Calixtus and the Norman princes. The city was foon taken, and Gre¬ gory thrown into prifon by his competitor ; but at laft, the Hates of the . empire being quite wearied out with fuch a long quarrel, unanimoufly fuppiicated Henry for peace. He referred himfelf entirely to their deci- fum ; and a diet being affembled at Wurtzburg, it was decreed that an embaffy Humid be immediately fent to the pope, defiring that he would convoke a general council at Rome, by which all difputes might be de- . termined. This was accordingly done, and the affair of inveftitures at length regulated in the following manner, viz. That the emperor thould leave the com¬ munities and chapters at liberty to fill up their own vacancies, without beftowing inveftitures with the crofs and ring ; that he ftiould reftore all that he had unjuft- ly taken from the church ; that all eleflions Ihould be made in a canonical manner, in prefence of the empe¬ ror or his commiffaries : and whatever difputes might happen fhould be referred to the decifion of the empe¬ ror, affifted by the metropolitan and his fuftragans; that the perfon eiedled ftiould receive from the emperor the inveftiture of the fiefs and fecular rights, not with the crofs, but with the fceptre; and ihould pay allegiance to him for thefe rights only. After the death of Henry, the ufual diforders took place in Italy ; during which, Roger duke of Apulia conquered the ifland of Sicily, and afi'umed the right of creating popes, of whom there were two at that time, viz. Innocent II. and Anacletus. Roger drove out the former, and Lothario emperor of Germany the latter, forcing Roger himfelf at the fame time to retire into Sicily. The emperor then conduced Innocent back to Rome in triumph; and having fubdued all Apulia, Calabria, and the reft of Roger’s Italian dominions, erefled them into a principality, and beftowed it, w'ith the title of upon Renaud a German prince, and one of his own relations. In the reign of Conrad III. who fucceeded Lotha¬ rio, the celebrated faflions called the Guelphs and Gibelines *, arofe, which for many years deluged the cities of Italy with blood. They took their origin during a civil wrar in Germany, in which the enemies of the emperor were ftyled Guelphs, and his friends Gibelines; and thefe names were quickly received in Italy as well as other parts of the emperor’s dominions. Of this civil war many of the cities in Italy took the advantage to fet up for themfelves ; neither was it in the pow’er of Conrad, who during his whole reign was employed in unfuccefsful crufades, to reduce them ; but in 1158 Frederic Barbarofla, fucceffbr to Con¬ rad, entered Italy at the head of a very numerous and well difciplined army. His army was divided into feveral columns, for the conveniency of entering the country by as many different routes Having paffed the Alps, he reduced the town of Brefcia ; where he Italy. 383 1 I T A made feveral falutary regulations for the prefervation of good order and military difcipline. Continuing to advance, he befieged Milan, which furrendered at dif- cretion. He was crowned king of Lombardy at Monza ; and having made himfelf mafter of all the other cities of that country, he ordered a minute in¬ quiry to be fet on foot concerning the rights of the empire, and exadled homage of all thofe who held of it, without excepting even the bifhops. Grievances were redreffed ; magiftracies reformed ; the rights of regality difcuffed and afcertained ; new laws enafted for the maintenance of public tranquillity and the en¬ couragement of learning, which now began to revive in the fchool of Bologna; and, above all, fubvaffals wTere not only prohibited from alienating their lands, but alfo compelled, in their oath to their lords para¬ mount, to except the emperor nominally, when they fwore to ferve and aftift them agaiuft all their enemies. The pope took umbrage at this behaviour towards the ecelefiaftics: but Frederic juftified what he had done, telling his deputies it was but reafonable they Ihould do homage for the fiefs they pofleffed ; as Jefus Chrift himfelf, though the lord of all the fovexeigns upon earth, had deigned to pay for himfelf and St Peter the tribute which was due to Csefar. Frederic having lent commiffaries to fuperintend the election of new magiftrates at Milan, the inhabitants were fo much provoked at this infringement of their old privileges, that they infulted the imperialifts, re¬ volted, and refufed to appear before the emperor’s tri¬ bunal. This he highly relented, and refolvcd to chaf- tife them feverely : for which purpofe he lent for a re¬ inforcement from Germany, wdiich foon after arrived with the emprefs, while he himfelf ravaged Liguria, declared the Milanefe rebels to the empire, and plun¬ dered and burnt the city of Crema which was in alli¬ ance with that of Milan. In the mean time, Pope Adrian IV. dying, two oppofite faflions ele.dled two perfons known by the names of Vi£ior II. and Alexander III. Fhe empe¬ ror’s allies neceffarily acknowledged the pope chofen by him ; and thofe princes who were jealous of the emperor, acknowledged the other. Vi£lor II. Fre¬ deric’s pope, had Germany, Bohemia, and one half of Italy on his fide ; while the reft fubmitted to Alex¬ ander III. The emperor took a fevere revenge on his He takes Milan was razed from the foundation, and^ndcle' 59 fait ftrewed on its ruins ; Brefcia and Placentia were^3^1- difmantled ; and the other cities which had taken part ’ with them were deprived of their privileges. Alexan¬ der III. however, who had excited the revolt, returned to Rome after the death of his rival; and at his re¬ turn the civil war was renewed. The emperor caufed. another pope, and after his death a third, to be elec¬ ted. Alexander then fled to France, the common afylum of every pope who was oppreffed by the empe¬ rors ; but the flames of civil difcord which he had raifed continued daily to Ipread. In 1168, the cities of Italy, fupported by the Greek emperor and the king of Sicily, entered into an aflociation for the de¬ fence of their liberties; and the pope’s party at length prevailed. In 1176, the imperial army, worn out by fatigues and difeafes, was defeated by the confederates, and Frederic himfelf narrowly elcaped. About the fame time, he was defeated at fea by the Venetians j and I T A Italy. 60 Submits to the pope. 6r Frederic fucceeded by Henry VI. and his eldefl fon Henry, who commanded his fleet, fell into the hands of the enemy. The pope, in ho¬ nour of this viftory, failed out into the open fea, ac¬ companied by the whole fenate $ and after having pro¬ nounced a thoufand benedictions on that element, threw into it a ring as a mark of his gratitude and affedtion. Her^e the origin of that ceremony which is annually performed by the Venetians, under the notion of ef- pouling the Adriatic. Thefe misfortunes difpofed the emperor towards a reconciliation with the pope : but, reckoning it below his dignity to make an advance, he rallied his troops, and exerted himfelf with fo much vigour in repairing his lofs, that the confederates were defeated in a battle j after which he made propofals of peace, which were now joyfully accepted, and Venice was the place appointed for a reconciliation. The em¬ peror, the pope, and a great many princes and cardi¬ nals, attended ; and there the emperor, in 11 77, put an end to the difpute, by acknowledging the pope, killing his feet, and holding his ftirrup while he mount-, ed his mule. This reconciliation was attended with the fubmiflion of all the towns of Italy which had en¬ tered into an aflbciation for their mutual defence. They obtained a general pardon, and were left at li¬ berty to ufe their own lawrs and forms of government, but were obliged to take the oath of allegiance to the emperor as their fuperior lord. Calixtus, the anti¬ pope, finding himfelf abandoned by the emperor in confequence of this treaty, made alfo his fubraiflion to Alexander, who received him with great humanity j and in order to prevent for the future thofe diftur- bances which had fo often attended the ele&ions of the popes, he called a general council, in which it was decreed, that no pope iliould be deemed duly elec¬ ted without having two-thirds of the votes in his fa¬ vour. The affairs of Italy being thus fettled, Barbarofla returned to Germany 5 and having quieted fome dif- furbances which had arifen during his abfence in Ita¬ ly, at laft undertook an expedition into the Holy Land j where having performed great exploits, he was drowned as he was fwimming in the river Cydnus, in the year I [96. He was fucceeded by his fon Henry VI. who at the fame time became heir to the domi¬ nions of Sicily by the right of his wife, daughter of William king of that country. After fettling the af¬ fairs of Germany, the new emperor marched with an army into Italy, in order to be crowned by the pope, and to recover the fucceflion of Sicily, which was ufurped by Tancred his wife’s natural brother. For this purpofe, he endeavoured to conciliate the affec¬ tions of the Lombards, by enlarging the privileges of Genoa, Pifa, and other cities, in his way to Rome j where the ceremony of the coronation was performed by Celefiin III. on the day after Eafter in the year Hqi. The pope, then in the 86th year of his age, had no fwoner placed the crown upon Henry’s head than he kicked it off again, as a teftimony of the power refiding in the fovereign pontiff to make and unmake Clnperors at his pleafure. The coronation being over, Henry prepared for the conqueft of Naples and Sicily ; bur in this he was op- pofed by the pope : for though Celellin confidered Tancred as an ufurper, and defired to fee him deprived of the crown of Sicily, which he claimed as a fief of I 384 ] I T A Cz the fee, yet he was much more averfe to the emperor’s being put in poiTeflion of it, as that would render him too powerful in Italy for the Interei! of the church. Henry, however, without paying any regard to the threats and remonftrances of his holinefs, took almoit all the towns of Campania, Calabria, and Apulia j invefled the city of Naples j and fent for the Genoefe fleet, which he had before engaged, to come and form the blockade by fea : but before its arrival, he was obliged to raife the fiege, in confequence of a dread¬ ful mortality among his troops: and all future attempts upon Sicily were ineffe&ual during the life of Tan¬ cred. The whole reign of Henry from this time feems to Mf have been a continued train of the moft abominable and cruelty; perfidies and cruelties. Having treaeheroully leized and imprifoned Richard I. of England, in the manner related under that arlicle, N° 128—130, he had no fooner received the ranfom paid for his royal captive, than he made new preparations for the conqueft of Si¬ cily. As Tancred died about this time, the emperor, with the afliitance of the Genoefe, accompliftietl his purpofe. The queen-dowager furrendered Salerno, and her right to the crown, on condition that her fon William fhould poflefs the principality of Tarentum j but Henry no fooner found himfelf mafter of the place, than he ordered the infant king to be caftrated, to have his eyes put out, and to be confined in a dun¬ geon. The royal treafure was tranfported to Ger¬ many, and the queen and her daughter confined in a convent. In the mean time, the emprefs, though near the age of 50, was delivered of a fon, named Frederic ; and Henry foon after aflembled a diet of the princes of Germany, to whom he explained his intentions of ren¬ dering the imperial crown hereditary, in order to pre¬ vent thofe difturbances which ufually attended the elec¬ tion of emperors. A decree palled for this purpofe j and Frederic, yet in his cradle, was declared king of the Romans. Soon after, the emperor being folicited to undertake a crufade, obeyed the injunftions of the pope, but in fuch a manner as to make it turn out to his own advantage. He convoked a general diet at Worms, where he folemnly declared his refolution of employing his whole power, and even of hazarding his life, for the aecomplilhment of fo holy an enter- prife } and he expatiated upon the fubjedt with f« much eloquence, that almoft the whole affembly took the crofs. Nay, fuch multitudes from all the provin¬ ces of the empire enlifted themielves, that Henry di¬ vided them into three large armies ; one of which, un¬ der the command of the bifliop of Mentz, took the route of Hungary, where it was joined by Margaret, queen of that country, who entered herfelf in this pi¬ ous expedition, and aftuafly ended her days in Pale- ftine : the fecond was aflembled in Lower Saxony, and embarked in a fleet furnifhed by the inhabitants of Lubec, Hamburg, Holftein, and Friezland : and the emperor in perfon conducted the third into Italy, in order to take vengeance on the Normans in Naples and Sicily who had rifen againft his government. The rebels w:ere humbled ; and their chiefs were condemned to perifti by the moft excruciating tor¬ tures. One Jornandi, of the houfe of the Norman princes, was tied naked on a chair of red-hot iron, and crowned Italy. <>3 I)ifturban- ces in the beginning of the reign of .1 T A t 3 crowned with a circle of the fame burning metal, which was nailed to his head. The emprefs, (hocked at fuch cruelty, renounced her faith to her hufband, and en¬ couraged her countrymen to recover their liberties. Refolution fprung from defpair. The inhabitants be¬ took themfelves to arms ; the emprefs Conftantia head¬ ed them : and Henry, having difmiffed his troops, no longer thought neceflary to his bloody purpofes, and fent them topurfue their expedition to the Holy Land, was obliged to fubmit to his wife, and to the condi¬ tions which (lie was pleafed to impofe on him in fa¬ vour of the Sicilians. He died at Medina in 1197, foon after this treaty ; and, as was fuppofed, of poifon adminiftered by the emprefs. The emperor’s fon Frederic had already been de¬ clared king of the Romans, and confequently became emperor on the death of his father j but as Frederic II. was yet a minor, the adminiftration was committed to Frederic' II. uncle the duke of Suabia, both by the will of Henry and by an affembly of the German princes. Other princes, however, incenfed to fee an elective em¬ pire become hereditary, held a new diet at Cologne, and chofe Otho duke of Brunfwick, fon of Henry the Lion. Frederic’s title was confirmed in a third aflem- bly at Arnfburg; and his uncle, Philip dake of Sua¬ bia, was ele£ted king of the Romans, in order to give greater weight to his adminiftration. Thefe two elec¬ tions divided the empire into two powerful faftions, and involved all Germany in ruin and defolation. In¬ nocent III. who had fucceeded Celeftin in the papal chair, threw himfelf into the fcale of Otho, and ex¬ communicated Philip and all his adherents. This able and ambitious pontiff" was a fworn enemy of the houfe of Suabia j not from any perfonal animofity, but out of a principle of policy. That houfe had long been terrible to the popes, by its continual pofleflion of the imperial crown j and the acceffion of the kingdom of Naples and Sicily made it (till more to be dreaded : Innocent, therefore, gladly feized the prefent favour¬ able opportunity for divefting it of the empire, by fupporting the election of Otho, and fovving divifions among the Suabian party. Otho was alfo patronifed by his uncle, the king of England ; which naturally inclined the king of France to the fide of his rival. Fa£Hon clafhed with faftion ; friendlhip with intereft; caprice, ambition, or refentment, gave the fway j and nothing was beheld on all hands but the horrors and the miferies of civil wars. Meanwhile, the emprefs Conftantia remained in Si¬ cily, where all was peace, as regent and guardian for her infant fon Frederic II. who had been crowned king of that ifland, with the confent of Pope Cele¬ ftin III. But (he alfo had her troubles. A new in- veftiture from the holy fee being neceffary, on the death of Celeftin, Innocent III. his fucceflbr, took advantage of the critical fituation of affairs for aggran¬ dizing the papacy, at the expence of the kings of Si¬ cily. They pofleffed, as has been already obferved, the privilege of filling up vacant benefices, and of judging all ecclefiaftical caufes in the laft appeal: they were really popes in their own ifiand, though vaffals of his holinefs. Innocent pretended that thefe powers had been furreptitioufty obtained j and demanded, that Conftantia (hould renounce them in the name of her fon, and do liege, pure, and fimple homage for Sicily, Vol. XL Part I. 85 ] IRE But before any thing was fettled relative to this affair, the emprefs died, leaving the regency of the kingdom to the pope ; fo that he was enabled to prefcribe what conditions he thought proper to young Frederic. The troubles of Germany (till continued ; and the pope re¬ doubled his efforts to detach the princes and prelates from the caufe of Philip, notwithftanding the remon- ftrances of the king of France, to whom he proudly replied, “ Either Philip muff lofe the empire, or I the papacy.” But all thefe diffenfions and troubles in Europe did not prevent the formation of another cru- fade, or expedition into Alia, for the recovery of the Holy Land. Tbofe who took the crofs were princi¬ pally French and Germans : Baldwin, count of Flan¬ ders, was their commander j and the Venetians, as greedy of wealth and power as the ancient Carthagi¬ nians, furniftied them with ihips, for which they took care to be amply paid both in money and territory. The Chriftian city of Zara, in Dalmatia, had with¬ drawn itfelf from the government of the republic : the army of the crofs undertook to reduce it to obedience ; and i^was befieged and taken, notwithftanding the threats and excommunication of the pope. While the crufaders were fpreading defolation through the eaft, Philip and Otho were in like manner defolating the weft. At length Philip prevailed ; and Otho, obliged to abandon Germany, took refuge in England. Philip, elated with fuccefs, confirmed his eleftion by a fecond coronation, and propofed an ac¬ commodation with the pope, as the means of finally eftablifhing his throne 5 but before it could be brought about, he fell a facrifice to private revenge, being affaf- finated by the count Palatine of Bavaria, whofe daugh¬ ter he had promifed to marry, and afterwards rejected. Otho returned to Germany on the death of Philip j married that prince’s daughter ; and was crowned at Rome by Pope Innocent Hi. after yielding to the holy fee the long-difputed inheritance of the countefs Ma¬ tilda, and confirming the rights and privileges of the Italian cities. But thefe conceflxons, as far at leaft as regarded the pope, were only a facrifice to prefent po¬ licy : Otho, therefore, no fooner found himfelf in a condition to a£t offenfively, than he refumed his grant; and in 1210 not only recovered the poffeflions of the empire, but made hoftile incuifions into Apulia, ra¬ vaging the dominions of young Frederic king of Na¬ ples and Sicily, who was under the protedlion of the holy fee. For this reafon he was excommunicated by Innocent; and Frederic, now 17 years of age, was elected emperor by a diet of the German princes. O- tho, however, on his return to Germany, finding his party ftiil confiderable, and not doubting but he (hould be able to humble his rival by means of his fuperior force, entered into an alliance with his uncle Joha king of England, againft Philip Auguftus king of France, A. D. 1213. The unfortunate battle of Bou- vines, where the confederates were defeated, completed the fate of Otho. He attempted to retreat into Ger¬ many, but was prevented by young Frederic ; who had marched into the empire at the head of a power¬ ful army, and was everywhere received with open arms. Thus abandoned by all the princes of Germa¬ ny, and altogether without refource, Otho retired to Brunlwick, where he lived four years as a private man, dedicating his time to the duties of religion. C Italy. Frederic I T A r 386 ] I T A being now univerfally acknowledged fuing the fame line of policy, urged the departure of Italy. Frederic II emperor, was crowned at Aix-la-Chapelle in 1215, with great magnificence j when, in order to preferve the favour of the pope, he added to the other foie tri¬ nities of his coronation a vow to go in perfon to the Holy Land The bad fuccefs of this expedition hath been already taken notice, of under the article Croisade. The em¬ peror had, on various pretences, refufwd to go into the call j and in I22>, the pope, incenfed at the lofs of ;irrel Damietta, wrote a fevere letter to him, taxing him Italy. His the gope, with having lacrificed the interefis of Chriftianity by delaying fo long the performance of his vow, and threatening him with immediate excommunication if he did not initantly depart with an army to Afia. Frede¬ ric, exafperated at thefe reproaches, renounced all cor- refpondence with the court of Rome y renewed his ec- clefiaftical jurifdidtion in Sicily *, filled up vacant fees and benefices y and expelled fome bilhops, who were creatures of the pope, on pretence of their being con¬ cerned in practices againft the Hate. The pope at firft threatened the emperor with the thunder of the church, for prefuming to lift up his hand againlt the fan&uary y but finding Frederic not to be intimidated, he became fenlible of his own im¬ prudence in wantonly incurring the refentment of fo powerful a prince, and thought proper to foothe him by fubmiffive apologies and gentle exhortations. They were accordingly reconciled, and conferred together at Veroli in 1226 y where the emperor, as a proof of his fincere attachment to the church, publiftied fome very fevere edicts againft herefy, which feem to have autho- rifed the tribunal of the inquifition. A folemn affembly was afterwards held at Ferentino, where both the pope and the emperor were prefent, together with John de Brienne, titular king of Jerufalem, who was come to Europe to demand fuccours againft the foldan of Egypt. John had an only daughter named Yolanda, whom he propofed as a wife to the emperor, with the kingdom of Jerufalem as her dower, on condition that Frederic Ihould within two years perform the vow he had made to lead an army into the Holy Land. Fre¬ deric married her on thefe terms, becaufe he chofe to pleafe the pope y and fince that time the kings of Sicily have taken the title of king of Jerufalem. But the em¬ peror was in no hurry to go and conquer his wife’s por¬ tion, having bufinels of more importance on his hands at home. The chief cities of Lombardy had entered into a fecret league, with a view to renounce his au¬ thority. He convoked a diet at Cremona, where all the German and Italian noblemen were fummoned to attend. A variety of fubje&s were there difeuffed ; bnt nothing of confequence was fettled. An accom- modation, howeve^, was foon after brought about by the mediation of the pope •, who, as umpire of the dif- pute, decreed, that the emperor fhould lay afide his refentment againft the confederate towns, and that the towms ftiould furnifh and maintain 400 knights for the relief of the Holy Land. Peace being thus concluded, Honorius reminded the emperor of his vow ; Frederic promifed compli¬ ance : but his holihefs died before he could fee the exe¬ cution of a project which he feemed to have fo much at heart. He was fucceeded in the papal chair by Gregory IX. brother of Innocent III. $ who, pur- % *5 expe- Frederic for the Holy Land y and finding the emperor ftill backward, declared him incapable of the imperial dignity, as having incurred the fentence of excotnmu- nication. Frederic, incenfed at fuch infolence, ravaged the patrimony of St Peter y and was actually excom¬ municated. The animofity between the Guelphs and Gibelines revived y the pope was obliged to quit Rome j and Italy became a feene of war and defolation, or rather of an hundred civil wars y which, by infiaining the minds and exciting the refentment of the Italian princes, accuftomed them but too much to the horrid pra£Hces of poifoning and affaflination. During thefe tranfaftions, Frederic, in order to re¬ move the caufe of all thefe troubles, and gratify the prejudices of a fuperftitious age, by the advice of his friends refolved to perform his vow : and he accord¬ ingly embarked for the Holy Land, leaving the affairs^ of Italy to the management ef Renaldo duke of Spo- diti0nTo leto. The pope prohibited his departure before he ftiould ths Holy be abfolved from the cenfures of the church y but Fre- Land, deric went in contempt of the church, and fucceeded befter than any perfon who had gone before him. He did not indeed delolate Afia, and gratify the barbarous zeal of the times by fpilling the blood of infidels y but he concluded a treaty with Miliden, foldan of Egypt and mafter of Syria, by which the end of his expedi¬ tion feemed fully anfwered. The loldan ceded to him Jerufalem and its territory as far as Joppa ; Beth¬ lehem, Nazareth, and all the country between Jeruia- lem and Ptolemais y Tyre, Sidon, and the neighbour¬ ing territories : in return for which, the emperor grant¬ ed the Saracens a truce of ten years ; and in 1230 prudently returned to Italy, where his prefence was much wanted. Frederic’s reign, after his return from the eaft, was one continued quarrel with the popes. The cities of Lombardy had revolted during his abfenee, at the in- ftigation of Gregory IX.; and before they could be reduced, the fame pontiff excited the emperor’s fon. Henry, who had been elefted king of the Romans, to rebel againft his father. The rebellion was fupprelfed, the prince was confined, and the emperor obtained a complete viflory over the affociated towns. But his troubles were not yet ended. The pope excommunL cated him anew, and fent a bull filled with the moft abfurd and ridiculous language, into Germany, in or¬ der to fow' divifions between Frederic and the princes of the empire. Frederic retorted in the fame ftrain, in his apology to the princes of Germany, calling Gregory i/ie Great Dragon, the Antichri/}, &,c. The emperor’s apology was fuftained in Germany ; and finding he had no¬ thing to fear from that quarter, he refolved to take ample vengeance on the pope and his affociates. For that purpofe he marched to Rome, where he thought his party was ftrong enough to procure him admiflion ; but this favourite (cheme was defeated by the adlivity of Gregory, who ordered a crufade to be preached againft the emperor, as an enemy of the Chriftian faith ; a ftep which incenfed Frederic fo much, that he or¬ dered all his prifoners who wore the crofs to be ex- pofed to the moft cruel tortures. The two factions of the Guelphs and Gibelines continued to rage with greater violence than ever, involving cities, diftri£ls,; and.. I T A ttaly. and even private families, in troubles, divifions, and ci- ^ ' vil butchery ; no quarter being given on either fide. Meanwhile Gregory IX, died, and was fucceeded in the fee of Rome by Celeftin IV. and afterwards by In¬ nocent IV. formerly Cardinal Fiefque, who had always ' expreffed the greateft regard for the emperor and his intereft. Frederic was accordingly congratulated upon this occafion : but having more penetration than thofe about him, he fagely replied, “ I fee little reafon to rejoice ; the cardinal was my friend, but the pope will 6(y be my enemy.” Innocent foon proved the juftice of Is depofed this conjedlure. He attempted to negotiate a peace by the for Italy 5 but not being able to obtain from Frederic his exorbitant demands, and in fear for the fafety of his own perfon, he tied into France, afferabled a ge¬ neral council at Lyons, and in 1245 depofed the em¬ peror. Conrad, the emperor’s fecond fon, had already been declared king of the Romans, on the death of his bro¬ ther Henry, which foon followed his confinement j but the empire being now declared vacant by the pope, the German bifhops (for none of the princes were pre~ fent), at the inftigation of his holinefs, proceeded to the eleftion of a new emperor ; and they chofe Henry landgrave of Thuringia, who was ftyled in derifion, The king of pnejls. Innocent now renewed the crufade again!! Frederic. It was proclaimed by the preach¬ ing friars, fince called Dominicans, and the minor fri¬ ars, knowm by the name of Cordeliers or Francifcans. The pope, however, did not confine himfelf to thefe meafures only, but engaged in confpiracies again!! the life of an emperor who had dared to refift the decree of a council, and oppofe the whole body of the monks and zealots. Frederic’s life was feveral times in danger from plots, poifonings, and aflaffinations ; which indu¬ ced him, it is faid, to make choice of Mahometan guards, who, he was certain, would not be under the in¬ fluence of the prevailing fuperftition. About this time the landgrave of Thuringia dying, the fame prelates who had taken the liberty of creating one emperor made another ; namely, William count of Holland, a young nobleman of 20 years of age, who Lore the fame contemptuous title with his predeceffor. Fortune, which had hitherto favoured Frederic, feemed now to defert him. He was defeated before Parma, which he had long befieged j and to complete his naif- fortune, he foon after learned, that his natural fon En- tius, whom he had made king of Sardinia, was worfted and taken prifoner by the Bolognefe. In this extremity Frederic retired to his kingdom of Naples, in order to recruit his army ; and there died »f a fever in the year 1250. After his death, the affairs of Germany fell into the utmoft confufion, and Italy continued long in the fame diftrafted ftate in which he had left it. The clergy took arms again!! the laity ; the weak were epprelfed by the ftrong 5 and all laws divine and human were difregarded. After the death of Frederic’s fon Conrad, who had aflumed the imperial dignify as fucceffor to his father, and the death of his competitor William of Holland, a variety of -candidates appeared for the empire, and feveral were ele&ed by different factions j among whofn was Rich¬ ard earl of Cornwall, brother to Henry II. king of England : but no emperor was properly acknowledged frill the year 1273, when Rodolph, count ef Haplburg-, [ 387 1 I T A was unanimoufly raifed to the vacant throne. During Itafyv the interregnum which preceded the ele&ion of Ro- , dolph, Denmark, Holland, and Hungary, entirely De(.j,ne 0f freed themfelves from the homage they were wont to the power pay to the empire $ and much about the fame time fe-ofthe Ger- veral German cities erefted a municipal form of go-man em“ vernment, which ftill continues. Lubec, Cologne, Brunfwic, and Dantzic, united for their mutual de¬ fence again!! the encroachments of the great lords, by a famous alfociation, called the Hanfeatic league ; and thefe towns were afterwards joined by 80 others, be¬ longing to different ftates, which formed a kind of commercial republic. Italy alfo, during this period, affumed a new plan of government. That freedom for which the cities of Lombardy had fo long ftruggled, was confirmed to them for a fum of money : they were emancipated by the fruits of their induilry. Sicily like- wife changed its government and its prince j of which revolution a particular account is given under the arti¬ cle Sicily. From the time of Frederic II. we may date the ruin of the German power in Italy. The Florentines, the Pifans, the Genoefer the Luccans, &c. became inde¬ pendent, and could not again be reduced. The power of the emperor, in Ihort, was in a manner annihilated, when Henry VII. undertood to reftore it in the be¬ ginning of the 14th century. For this purpofe a diet was held at Francfort, where proper fupplies being granted for the emperor’s journey, well known by the name of the Roman expedition, he fet out for Italy, ac-Ejq editiot* companied by the dukes of Auftria and Bavaria, the 01 He ry archbilhop of Triers, the bifiiop of Liege, the counts int* of Savoy and Flanders, and other noblemen, together with the militia of all the imperial towns. Italy was ftill divided by the faftions of the Guelphs and Gibe¬ lines, who butchered one another without humanity or remorfe. But their conteft was no longer the fame : it was not now a ftruggle between the empire and the priefthood, but between faction and faction, inflamed by mutual jealoufies and animofities. Pope Clement V. had been obliged to leave Rome, which was in the anarchy of popular government. The Colonnas, the Urfini, and the Roman barons, divided the city ; and this divifion was the caufe of a long abode of the popes in France, fo that Rome feemed equally loft to the popes and the emperors. Sicily was in the poffeflion of the houfe of Arragon, in confequt nce of the famous maffacre called the Sicilian vefpers, which delivered that ifland from the tyranny of the French*. Carobert, * See king of Hungary, difputed the kingdom of Naples f,L'* with his uncle Robert, fon of Charles II. of the houfe of Anjou. The houfe of Efte had eftablifhed itfelf at Ferrara ; and the Venetians wanted to make them¬ felves matters of that country. The old league of the Italian cities no longer fubfifted. It had been formed with no other view than to oppofe the emperors : and fince they had neglefted Italy, the cities were wholly- employed in aggrandizing themfelves, at the expence of each other. The Florentines and the Genoefe made war upon the republic of Pifa. Every city was alfo divided into factions within itfelf. In the midft of thefe troubles Henry VII. appeared in Italy in the year 13n, and caufed himfelf to be crowned king of Lombardy at Milan. But the Guelphs had con¬ cealed the old iron crown of the Lombard kings, as 3 C 2 if I T A [ 388 ] I T A Ita’y. if the right of reigning were attached to a frnall cir- v " clet of metal. Henry ordered a new crown to be made, with which the ceremony of inauguration was performed. Cremona was the firft place that ventured to oppofe the emperor. He reduced it by force, and laid it un¬ der heavy contributions. Parma, Vicenza, and Pla¬ centia, made peace with him on reafonable conditions. Padua paid 100,000 crowns, and received an imperial officer as governor. The Venetians prefented Plenrv with a large fum of money, an imperial erowm of gold enriched with diamonds, and a chain of very cu¬ rious workmanfhip. Brefcia made a defperate refin¬ ance, and fuilained a very fevere fiege ; in the courfe of which the emperor’s brother was llain, and his army diminilhed to fuch a degree, that the inhabitants marched out under the command of their prefect Thibault de Druffati, and gave him battle : but they were repulfed with great lofs, after an obftinate en¬ gagement ■, and at lafl obliged to fubmit, and their city was difmantled. From Brefcia Henry marched to Genoa, where he was received with expreflions of joy, and fplendidly entertained. He next proceeded to Rome ; where, after much bloodlhed, he received the imperial crown from , the hands of the cardinals. Clement V. who had originally invited Henry into Italy, growing jealous of his fuccefs, had leagued with Robert king of Naples and the Urfini faftion, to op¬ pofe his entrance into Rome. He entered it in fpite of them by the affiftance of the Colonnas. Now ma- fter of that ancient city, Henry appointed it a gover¬ nor j and ordered, that all the cities and Hates of Ita¬ ly fliould pay him an annual tribute. In this order he comprehended the kingdom of Naples, to which he was going to make good his claim of fuperiority by arms, when he died at Benevento in 1313, as is commonly fuppofed, of poifon given him by a Dominican friar, in the confecrated wine of the facrament. State of The efforts of Henry VII. were unable to reftore the Italy fince imperial power in Italy. From this time the authority that time. ^ emperor jn country confifted in a great mea- fure in the conveniency which the Gibelines found in oppofing their enemies under the fanftion of his name. The power of the pope was much of the fame nature. He was lefs regarded in Italy than in any other coun¬ try in Chriftendom. There was indeed a great party who called themfelves Guelphs ; but they affedled this diftinilion only to keep themfelves independent of the imperialills ; and the Hates and princes who called themfelves Guelphs paid little more acknowledgement to his holinefs than flickering themfelves under his name and authority. The mofl defperate wars were carried on by the different cities againfl each other j and in thefe wars Caflruccio Caflraccani, and Sir John Hawk- wood an Englifliman, are celebrated as heroes. A detail of thefe tranfaftions would furnifh materials for many volumes *, and after all feems to be but of little importance, fince nothing material was effe6ted by the utmofl efforts of valour, and the belligerent Hates were commonly obliged to make peace without any advan¬ tage on either fide. By degrees, however, this martial fpirit fubfided ; and in the year 1492, the Italians were fo little capable of refifling an enemy, that Charles VIH. of France conquered the whole king¬ dom of Naples in fix weeks, and might eafily have fub- 4 dued the whole country had it not been for his own Italy, imprudence. Another attempt on Italy was made by Louis XU. and a third by Francis I. as related un¬ der the article France. In the reigns of Louis XIII. and XIV. an obflinate war was carried on between the French and Spaniards, in which the Italian Hates bore a very confiderable lliare. The war concluded in 1660, with very little advantage to the French, who have been always unfuccefsful in their Italian wars. The like bad fuccefs attended them in that part of the world, in the war which commenced between Britain and Spain in the year 1740, -But the particulars of 'thefe wars, with regard to the different Hates of Italy, naturally fall to be confidered under the biflory of thole Hates into which the country is now divided; viz. Sardinia, Milan or the Milanefe, Genoa, Venice, Tufcany or Florence, Lucca, St Marino, Parma, Mantua, Mode¬ na, Rome, and Naples. ^ The air in Italy is very different, according to the Air, W. of different fituations of the feveral countries contained in Italy, it. In thofe on the north of the Apennines it is more temperate, but on the fouth it is generally very warm. The air of the Campania of Rome, and of the Ferra- refe, is faid to be unhealthful ; which is owing to the lands not being duly cultivated, nor the marfhes drain¬ ed. That of the other parts is generally pure, dry, and healthy. In fummer, the heat is very great in the kingdom of Naples ; and would be almofl intolerable, if it was not fomewhat alleviated by the fea breezes. The foil of Italy in general is very fertile, being wa¬ tered by a great number of rivers. It produces a great variety of wines, and the befl oil in Europe ; excellent filk in abundance ; corn of all forts, but not in fuch plenty as in fome other countries ; oranges, lemons, citrons, pomegranates, almonds, raifins, fugar, mul¬ berry-trees without number, figs, peaches, nectarines, apricots, pears, apples, filberts, chefnuts, &c. MoH of thefe fruits were at firfl imported by the Romans from Afia Minor, Greece, Africa, and Syria, and- w'ere not the natural products of the foil. The tender plants are covered in winter on the north fide of the Apennines, but on the fouth fide they have no need of it. This country alfo yields good paflure; and abounds with cattle, flieep, goats, buffaloes, wild boars, mules, and horfes. The forefls are well flored with game ; and the mountains yield not only mines of iron, lead, alum, fulphur, marble of all forts, alabafler, jafper, porphyry, &c. but alfo gold and filver ; with a great variety of aromatic herbs, trees, flirubs, and evergreens, as thyme, lavender, laurel, and ba'ys, wild olive trees, tamarinds, juniper, oaks, and pines. A very extenfive trade is carried on in many places in Italy, particularly at Leghorn, Genoa, Bologna, Venice, and Naples; the country having a great va¬ riety of commodities and manufactures for exportation, efpecially wine, oil, perfumes, fruits, and filks. Tra¬ vellers alfo bring large fums of money into Italy, be- fides wffiat they lay out in pictures, curiofities, relics, antiquities, &e. The Italians are generally well proportioned, though Drefs, dif- their complexions are none of the befl. As to drefs, they follow the fafliions of the countries on wffiich they^^’M^ border, or to which they are fubjeCt; namely, thofe of France, Spain, and Germany. With refpeCt to their genius and tafle in architecture, painting, carving, and mufic, PLATE CCLXXAVIJ I T G r 389 ] I T Z Italy II Itch-inicft. 72 . Revolution. Prefent po¬ pulation. ttiuftc, they are thought to excell greatly, and to leave the other nations of Europe far behind them j but their mulic feems too foft and effeminate to deferve all the praife bellowed on it; and their houfes are far in¬ ferior to thofe of England in refpect of convenience. No country hath produced better politicians, hillo- rians, poets, painters, and fculptors j we mean fince the revival of the arts and fciences, exclulive of thofe of ancient times. The Italians are very affable, cour¬ teous, ingenious, fober, and ready-witted j but extreme¬ ly jealous, vindictive, lafcivious, ceremonious, and fu- perftitious. In refpedl to jealoufy, indeed, it is faid, a very extraordinary change has taken place 5 and that the Italians are now' no lefs indulgent and complaifant to their wives than the moll polite hulbands in France itfelf. In their tempers, the Italians feem to be a good medium between the French and Spaniards; neither fo gay and volatile as the one, nor fo grave and folemn as the other. Boiled fnails, ferved up with oil and pepper, or fried in oil, and the hinder parts of frogs, are reckoned dainty ditlies. Kites, jackdaws, hawks, and magpies, are alfo eaten not only by the common people, but by the better fort. Wine is drank here, both in fummer and winter, cooled by ice or fnow. The women affeft yellow hair, as the Roman ladies and courtezans formerly did. They alfo ufe paint and walhes, both for their hands and faces. The day here is reckoned from funfet to funfet, as the Athenians did of old. Amidff the convullions which were excited in Eu¬ rope by the French revolution, the different Rates of Italy were not permitted to enjoy repofe. Bonaparte, wdiofe unprecedented and extraordinary fuccefs has hi¬ therto even exceeded his military talents, made a ra¬ pid conqueft of the whole of this country ; the battles of Areola and Lodi are memorable for the defperate valour with which they were fought, and Mantua fur- rendered on the 2d of February 1797, at ten o’clock at night. The immediate confequence of thefe fue- ceffes was the conqueft of the pope’s territories, which was not effefted without the effufion of much blood. Different changes and modifications were made in its political conftitution after thefe viclories, and the em¬ peror of France was in the iffue proclaimed king of Italy. A detail of military and other tranfaftions in Italy, in fo far as they flood connedled with the politi¬ cal fchemes and conquefts of the French government, has already been given under the article France, to which we refer our readers. According to Boetticher, the prefent population of Italy, including the iflands of Sicily and Sardinia, ought not to be eftimated at more than 13,000,000. The kingdom of Naples and Sicily is fuppofed to con¬ tain about 6,000,000, the central part about 3,000,000, and the northern part about 4,000,000. ITCH, a cutaneous difeafe, appearing in fmall wa¬ tery puftules on the (kin ; commonly of a mild nature, though fometimes attended with obilinate and dange¬ rous fymptoms. See Medicine Index. iTCH-InfeB. See Acarus, Entomology Index. In fpeaking of the manner of finding thefe infedls in the itch, Fabricius obferves, that the failure of many who have fought for them has been owing to their having expedled to meet with them in the larger ve- ficles that contain a ycllowifh fluid like pus; in thefe, however, he tells us, he has never found them, but in Itch-infedfc thofe puftules only which are recent, and contain only I! . a watery fluid. We muff therefore, he obferves, not expedt to find them in the fame proportionate number ■ t ' in patients who for many months have been afflicted with the difeafe, as in thofe in whom its appearance is recent, and where it is confined to the fingers or wrifts. The caufeof this difference with refpect to the puftules, he conjectures, may be owing to the death of the infedt after it has depofited its eggs. A fmall tranfparent veficle being found, a very mi¬ nute white point, diftindt from the furrounding fluid, may be difeovered, and very often even without the afflftance of a glafs; this is the infect, which may be eafiiy taken out on the point of a needle or penknife, and when placed on a green cloth may be feen much more diftindtly, and obferved to move. All this, we muft remark, probably depends on optical deception. 1TEA, a genus of plants belonging to the pentan- dria clafs; and in the natural method ranking with thofe of which the order is doubtful. See Botany Index. ITHACA, in Ancient Geography, an ifland in the Ionian fea, on the coaft of Epirus; the country of Ulyffes, near Dulichium, with a town and port fituated at the foot of Mount Neius. According to Pliny it is about 25 miles in compafs; according to Artemidorus only 10 ; and is now found to be only eight miles round. It is now uninhabited, and called Jathaco. ITINERARY, ItinerariuM ; a journal, or an ac¬ count of the diftances of places. The moft remarkable is that which goes under the names of Antoninus and JEthicus; or, as Barthius found in his copy, Antoninus JEthicus; a Chriftian writer, pofterior to the times of Conftantine. Another, called Hierofohjmitanum, from Bourdeaux to Jerufalem, and from Heraclea through Aulona and Rome to Milan, under Conftantine,-—//f- nerarium denotes a day’s march. 1TIUS portus, in Ancient Geography, the crux geo- graphorum, fuch being the difficulty of afeertaining its poution. It would be endlefs to recite the feveral opi¬ nions concerning it, with the feveral reafons advanced in fupport of them. Three ports are mentioned by Caffar ; two without any particular name, viz. the Higher and the Lower with refpedl to the Portus llius. Calais, Boulogne, St Omer, and Whitfand, have each in their turn had their feveral advocates. Ceefar gives two diftinclive charafters or marks which feem to agree equally to Boulogne and Whitfand, namely, the fhortnefs of the paffage, and the fituation between two other ports ; therefore nothing can with certainty be determined about the fituation of the Portus Itius. TTYS, in fabulous hiftory, a fon of Tereus king of Thrace, by Procne daughter of Pandion king of A- thens. He Was killed by his mother when he was about fix years old, and ferved up before his father. He was changed into a pheafant, his mother into a fwallow, and his father into an owl. ITZECUINTEPOTZOTLI, or Hunch-backed Dog, a Mexican quadruped fimilar to a dog. It is as large as a Maltefan dog, the fkin of which is varied with white, tawny, and black. The charadleriftic mark is a great hunch which it bears from its neck to its rump. This animal abounds moll in the kingdom of Michuacan, ITZEHOA, J U A ITZEHOA, an ancient and Germany, in the citcle of Lower Saxony, and duchy of Holftein. It belongs to the king of Denmark, and is feated on the river Stoer, in E. Long. 9. 25. N. Lat. 54. 8. IVA, a genus of plants belonging to the monoecia clafs; and in the natural method ranking under the 49th order, Compojttce. See BOTANY Index. IV AH AH is the name of a canoe of the South fea iflanders for fhort excurfions to fea : it is wall-fided flat-bottomed, and of different fizes, from 72 feet to 10 : but their breadth is by no means in proportion ; for thofe of ten feet are about a foot wide, and thofe of more than 70 are fcarcely two. The fighting ivahah is the longeft, with its head and Hern confiderably rai- fed. The filhing ivahahs are from 40 feet long to to; thofe of 25 feet and upwards occafionally carry fail. The travelling ivahah is always double, and furnithed with a final! neat houfe. JUAN DE Fuca, a llrait on the north-weft coaft of America, was furveyed by Captain Vancouver, and the entrance of which he places in N. Lat. 48. 20. and \V. Long. 124.. The object of this furvey was to dif- cover a communication between the North Pacific and North Atlantic oceans j but none of the inlets or chan¬ nels in this broken coaft was found to extend more than loo miles to the eaftvvard of the entrance into the ftrait. 1 hus it appeared, that the land forming the north fide of that ftrait is part of an ifland, or of an archipe¬ lago, extending nearly 100 leagues in length from fouth-eaft to north-weft ; and on the fide of this land, ttioft diftant from the continent, is fituated Nootka found. . I he moft peculiar circumftance of this navi¬ gation is the extreme depth of water, when contrafted with the narrownefs of the channels. The people of Juan de Fuca are faid to be well ac- tjuauned with the principles of trade, which they carry en in a very fair and honourable manner. The commo¬ dities moft prized by them are copper, fire-arms, and great-coats. Their dreffes, befides Ikins, are a kind of woollen garments. According to Vancouver, the dogs belonging to this tribe of Indians are numerous, refem- bling thofe of Pomerania, though larger in general. The Topulation even in the greateft towns or villages does npt exceed 600, and the fmallpox is reckoned to be a •difeafe very fatal among them. Their method of dif- pofing of their dead is Angular. “ Bafkets (fays Van¬ couver) were found fufpended on high trees, each con¬ taining the Ikeleton of a young child, in fome of which were alfo fmall fquare boxes filled with a kind of white pafte, refembling filch as I had feen the natives eat, fuppofed to be made of the faranne root: fome of thefe boxes were quite full 5 others were nearly empty, eaten probably by the mice, fquirrels, or birds.” Juan, 3V, de la Frontera^ a town of South America, in Chili, in the province of Chiquito, near the lake Gul anacho. The territory of this town is inhabited by 20,000 native Americans, who are tributary to Spain. It contains mines of gold, and produces a kind of al- jnonds that are very delicate. It is feated at the foot •f the Andes, in W. Long. 66. 35. S. Lat. 23. 2?. JuAN de. Porto Rico, an ifiand of America, and one *f the Caribbees, being 100 miles ip length and ijo in breadth. It belongs to the Spaniards ; and is full ♦f v«rj high mountains, and extremely fertile valleys, r 39° 1 J U A handfome town of interfperfed with woods, and well watered with fprlngs and rivulets. It produces fugar, rum, ginger, corn, and fruits j partly proper to the climate, and partly introduced from Spain. Befides, there are fo many cattle, that thay often kill them for the fake of the Ikins alone. Here are a great number of uncommon trees, and there is a little gold in the north part of the ifland. It is commonly faid that the air is healthy j and yet the carl of Cumberland, when he had taken this ifland, loft moft of his men by ficknefs j and for that reafon was forced to abandon it. This happened in the reign of Queen Elizabeth. It is fubjedt toftorms and hurricanes, like the reft of thefe iflands. It lies to the eaft of Hifpaniola, at the diftance of 50 miles. Juan de Porto Rico, the capital town of the ifland of Porto Rico, with a good harbour defended by fe- veral forts, and a bifliop’s fee. It is feated on the north coaft of the ifland, in W. Long. 65. 35. N. Lat. 18.-30. Juan Fernandex, an ifland in the great South fea, in S. Lat. 33. 40. and W. Long. 78. 30. from Lon¬ don. It was formerly a place of refort for the bucca¬ neers who annoyed the Weftern coaft of the Spanifh continent. They were led to refort hither from the multitude of goats which it nourilhed ; to deprive their enemies of which advantage, the Spaniards tranfported a confiderable number of dogs, which increafing great¬ ly, have a 1 moft extirpated the goats, who now only find lecurity among the fteep mountains in the northern parts, which are inacceflible to their purfucrs. There are milances of two men living, at different times, alone on this ifland for many years ; the one a Muf- quito Indian ; the other Alexander Selkirk, a Scotch¬ man, who was, after five years, taken on board an Englifh (hip, which touched here in 1710, and brought back to Europe. From the hiftory of this reclufe, Daniel Defoe is faid to have conceived the idea of writing the Adventures of Robinfon Crufoe. This ifland was very propitious to the remains of Com¬ modore Anfon’s fquadron in 1741, after having been buffeted with tempefts, and debilitated by an invete¬ rate feurvy, during a three months paffage round Cape Horn : they continued here three months ; during which time the dying crews, who on their arrival could fcarcely with one united effort heave the anchor, Were reftored to perfedft health. Captain Carteret, in the Swallow, in 1767, having met with many difficulties and impediments in his paffage into the South fea, by the ftraits of Magelhaens, attempted to make this ifland in order to recruit the health of his men $ but he found it fortified by the Spaniards, and therefore chofe rather to proceed to the ifland of Mafafuero. But M. de Bougainville that fame year is faid to have touched here for refrelhments, although in the narra¬ tive of the voyage the faft is cautioufly fuppreffed. This ifland is not quite 15 miles long and about fix broad j its only fafe harbour is on the north fide. It is faid to have plenty of excellent water, and to abound with a great variety of efculent vegetables highly anti- fcorbutic j befides which, Commodore Anfon fowed a variety of garden-feeds, and planted the ftones of plums, apricots, and peaches, which he was many years afterwards informed had thriven greatly j and now doubtlefs furnifti a very valuable addition to the natu¬ ral produdions of this fpot. Vaft Ihoals of filh of VarjtJtii Juafr, J U B t 391 1 J U B Joan various kinds frequent this coaft, particularly cod of II a prodigious fize. 'I'here are but few birds here, and 3ubl ee' . thofe few are of fpecies well known and common. JUAN Blanco, or White Jack, a Spanilh name for pla- tina. See Platina, Chemistry Index. JUBA, a king of Numidia and Mauritania. He had fucceeded his father Hiempfal, and he favoured the caufe of Pompey againft Julius Caefar. He defeated Curio whom Caefar had fent to Africa, and after the battle of Pharfalia he joined his forces to thofe of Sci- pio. He was conquered in a battle at Thapfus, and totally abandoned by his fubjedls. He killed hitnfelf with Petreius, who had lhared his good fortune and his adverfity, in the year of Rome 707. His king¬ dom became a Roman province, of which Sallutt was the firft governor. Juba II. fon of the former, was led among the cap¬ tives to Rome to adorn the triumph of Caefar. His captivity was the fource of the greateft honours, and his application to ftudy procured him more glory than he would have obtained from the inheritance of a king¬ dom, He gained the hearts of the Romans by the courteoufnefs of his manners, and Auguftus rewarded his fidelity by giving him in marriage Cleopatra the daughter of Antony, and conferring upon him the title of king, and making him mailer of all the territories which his father once poffeffed, in the year of Rome 723 His popularity was fo great, that the Mauritanians re¬ warded his benevolence by making him one of their gods. The Athenians railed him a llatue, and the ./Ethiopians worlhipped him as a deity. Juba wrote an hillory of Rome in Greek, which is often quoted and commended by the ancients. Of it only few fragments remain. He alfo wrote on the hillory of Arabia, and the antiquities of Aflyria, chiefly colledled from Berofus. Befides thefe, he compofed fome treatifes upon the dra¬ ma, Roman antiquities, the nature of animals, painting, grammar, &c. now loll. JUBILEE, among the Jews, denotes every fiftieth year; being that following the revolution of feven weeks of years ; at which time all the Haves were made free, and all lands reverted to their ancient owners. The ju¬ bilees were not regarded after the Babylonilh captivity. —The word, according to fome authors, comes from the Hebrew, jobet, which fignifies : but this mult be a miltake, for the Hebrew bap, jobel, does not fig- nify fifty ; neither do its letters, taken as cyphers, or according to their numerical powers, make that num¬ ber; being 10, 6, 2, and 30, that is, 48. -Others fay, that jobel fignifies a ram, and that the jubilee was thus called, becaufe proclaimed with a ram’s horn, in memory of the ram that appeared to Abraham in the thicket. Mafias choofes to derive the word from .Tu¬ bal, the firll inventor of mufical inllruments, which for that reafon, were called by his name; whence the words jobel and jubilee came to fignify the year of deli¬ verance and remiflion, becaufe proclaimed with the found of one of thofe inllruments which at firlt was not more than the horn of a ram. Others derive jobel from *Xi>, jabal in hiphil Van, hobil, which fignifies to recal or return; becaufe this year rellored all Haves to their liberty, &c. The inllitution of this fellival is in Lev. xxv. 8, 17. The learned are divided about the year of jubilee; $me maintaining that it was every forty-ninth, and others that it was every fiftieth, year. The ground of Jubilfcev the former opinion is chiefly this, that the forty-ninth ■“—V"*—^ year being ofcourfe a fabbatical year, if the jubilee had. been kept on the fiftieth, the land mull have had two fabbaths, or have lain fallow two years, which, without a miracle, would have produced a dearth. On th& other hand, it is alleged, that the Scripture exprefsly declares for the fiftieth year, Lev. xxv. 10, II And befides, if the jubilee and fabbatical year had been the fame, there would have been no need of a prohibition to low, reap, &c. becaufe this kind of labour was pro-- hibited by the law of the fabbatical year. Lev. xxv. 4,3. The authors of the Univerfal Hillory, book i. chap. 7. note R, endeavour to reconcile thefe opinions, by ob- ferving, that as the jubilee began in the firll month of the civil year, which was the feventhoftheecclefiallical* it might be faid to be either the forty-ninth or fiftieth^, according as one or other of thefe computations wras followed. The political defign of the law of the jubi¬ lee was to prevent the too great oppreflions of the poor, as well as their being liable to perpetual Havery. By this means a kind of equality was preferved through all the families of Ifrael, and the diltimflion of tribee was alfo preferved, that they might be able, when there was occafion, on the jubilee-year, to prove their right to the inheritance of their ancellors. It ferved alfo^ like the Olympiads of the Greeks, and the Lultraof the Romans, for the readier computation of time. The jubilee has alfo been fuppofed to be typical of the gof- pel Hate and difpenfation, defcribed by Ifaiah, Ixi. ver, I, 2. in reference to this period,, as the “ acceptable year of the Lord.” Jubilee, in a mpre modern fenfe, denotes a grand church folemnity or ceremony, celebrated at Rome,. wherein the pope grants a plenary indulgence to all firi- ners ; at leall to as many as vifit the churches of St Peter and St Paul at Rome. The jubilee w as firft eftabliflied by Boniface VII. in 1300, in favour of thofe who ftiould go ad limina apo- Jlolorum; and it was only to return every hundred years. But the firft celebration brought in fuch ftore of wealth to Rome, that the Germans called this the golden year; which occafioned Clement VI. in 1343* to reduce the period of the jubilee to fifty years. Ur¬ ban VI. in 1389, appointed it to be held every thirty- five years, that being the age of our Saviour ; and Paul II. and Sixtus IV. in 1475, brought it down to every twenty-five, that every perfon might have the benefit of it once in his life. Boniface IX. granted the privilege of holding jubilees to feveral princes and monafteries: for inftance, to the monks of Canterbury^ who had a jubilee every fifty years ; when people flocked from all parts to vifit the tomb of Thomas k Becket. Jubilees are now become more frequent, and the pope grants them as often as the church or himfelf have occafion for them. There is ufually one at the inauguration of a new pope. To be entitled to the pri¬ vileges of the jubilee,, the bull enjoins fallings, alms, and prayers. It gives the priefts a full power to abfolve in all cafes, even thofe otherwife referved to the pope;, to make commutations of vows, &c. in which it dif¬ fers from a plenary indulgence. During the time of ju¬ bilee, all other indulgences are fufpended. One of our kings, viz. Edward III. caufed his birth, day to be ebferved in manner of a jubilee, when h<* becauw*: "Jubilee !!. Judaifm. j u D [ 392 ] J U D became fifty years of age, in 1362, but never before or after. This he did by releafing prifoners, pardoning all offences except treafon, making good laws, and granting many privileges to the people. There are particular jubilees in certain cities, when feveral of their feafts fall on the fame day j at Puy en Velay, for inftance, when the feaft of the Annuncia¬ tion happens on Good-Friday j and at Lyons when the feaft of St John Baptift concurs with the feaft of Corpus Chrifti. In 1640, the Jefuits celebrated a folemn jubilee at Rome j that being the centennary or hundredth year from their inftitution ; and the fame ceremony was ob- ferved in all their houfes throughout the world. JUGAL AN, or Yucatan, a large province of New Spain in North America, which is a peninfula. It lies oppofite to the ifland of Cuba, and contains abundance of timber, proper for building (hips ; as alfo fugar, caflia, and Indian corn. The original in¬ habitants are few, they having been very ill ufed by the Spaniards. Merida is the capital town. It is a flat level country ; and is very unhealthy, which may be owing to the frequent inundations. JUDAH, the fourth fon of Jacob, and father of the chief of the tribes of the Jews, diftinguilhed by his name, and honoured by giving birth to the Mefliah, died 1636 B. C. Judah Hakhadojh, or the Saint, a rabbi celebrated for his learning and riches, lived in the time of the emperor Antoninus, and was the friend and preceptor of that prince. Leo of Modena, a rabbi of Venice, tells us, that Rabbi Judah, w ho was very rich, collected about 26 years after the deftruftion of the temple, in a book which he called the Miftna, the conftitutions and traditions of the Jew ifh magiftrates who preceded him. But as this book was fhort and obfcure, tw'o Babyloniih rabbis, Rabbina and Afe, colle&ed all the interpretations, difputes, and additions, that had been made until their time upon the Mifnia, and formed the book called the Babylonijh Talmud or Gemara; which is preferable to the Jerufalem Talmud, compofed fome years before by Rabbi Jochanan of Jerufalem. The Mifnia is the text of the Lalmud j of which we have a good edition in Hebrew and Latin by Surenhufius, with notes, in 3 vols folio. It were to be wilhed the fame had been done to the Gemara. The Kingdom of JUDAH was of fmtill extent compar¬ ed with that of the kingdom of Ifrael ; confiding on¬ ly of tw'o tribes, Benjamin and Judah : its eaft boun¬ dary, the Jordan ; the Mediterranean its weft, in com¬ mon with the Danites, if we except fome places reco¬ vered by the Philiftines and others taken by the kings of Ifrael j on the fouth, its limits feem to have been contradled under Hadad of the royal progeny of Edom, (1 Kings xi. 14.). Tribe of JuDAH, one of the 12 divifions of Palefiine by tribes (Jolh. xv.), having Idumea on the fouth, from the extremity of the Lacus Afphaltites, alfo the Wildernefs of Zin, Cadefbarnea, and the brook or river of Egypt ; on the eaft, the faid lake ; on the w'eft the Mediterranean j and on the north, the mouth of the faid lake ; where it receives the Jordan, Bethfemes, Thimna, quite to Ekron on the fea. JUDAISM, the religious doctrines and rites of the Jews. Judaifm was but a temporary difpenfation, and was to give way, at leaft the ceremonial part of it, at the coming of the Meflias. For a complete fyftem of Judaiim, fee the books of Mofes. Judaifm was ancient¬ ly divided into feveral fefts 5 the principal whereof were the Pharifees, Sadducees, and Eflenians. At prefent there are two feels among the Jews, viz. the Caraites, who admit of no rule of religion but the law written by Mofes ; and the Rabbinifts, who add to the law the traditions of the Talmud. JUDAS Maccabeus, a celebrated general of the Jews, renowned for his many victories over his enemies, at laft {lain in battle, 261 B. C. See {Uijlory of the) Jews, N° 13. JuDAS-Tree. See Cercis, Botany Index. JUDE, St, brother of St James the younger, and fon of Jofeph (Mat. xiii. 55.). He preached in Mefo- potamia, Arabia, Syria, Idumea ; and died in Berytus for. the confeflion of Chrift. He wrote that epiftle which goes under his name, and after the death of molt of the apoftles. He was cruelly put to death for re¬ proving the fuperftition of the Magi. Jude, or the General epiflle of Jude, a canonical book of the New Teftament, written againft the here¬ tics, who, by their diforderly lives and impious doc¬ trines, corrupted the faith and good morals of the Chri- ftians. St Jude dra\ys them in lively colours, as men given up to their paflions, full of vanity, conducing themfelves by worldly wifdom, and not by the fpirit of God. JUDEA, in Ancient Geography, taken largely, either denotes all Paleftine, or the greater part of it; and thus it is generally taken in the Roman hifiory: Ptolemy, Rutilinus, Jerome, Origen, and Eufebius, take it for the whole of Paleftine. Here we confider it as the third part of it on this fide the Jordan, and that the fouth- ern part is diftindl from Samaria and Galilee : under which notion it is often taken, not only in Jofephus, but alfo in the New L'eftament. It contained four tribes ; Judah, Benjamin, Dan, and Simeon, toge¬ ther with Philiftia and Idumea j fo as to be compri- fed between Samaria on the north, Arabia Petraea on the fouth, and to be bounded by the Mediterranean on the weft, and by the lake Afphaltites, with part of Jordan, on the eaft. Jofephus divides it into 11 to- parchies ; Pliny into 10 ; by which it has a greater extent than that juft mentioned. See Palestine. JUDENBURG, a confiderable town of Germany, in the circle of Auftria, and capital of Upper Stiria, with a handfome caftle ; the public buildings are a caftle, a college, and two convents. It is feated on the river Meur. E. Long. 14. 25. N. Lat. 4'7. 10. JUDEX, Matthew, one of the principal writers of the Centuries of Magdeburg, was born at Tipplef- wolde in Mifnia, in 1528. He taught theology with great reputation \ but met with many difquiets in the exercife of his miniftry from party-feuds. He wrote feveral works and died in 1564. JUDGE, a chief magiftrate of the law', appointed to hear caules, to explain the laws, and to pafs fentence. Judges, in Jewifh antiquity, certain fupreme ma¬ giftrates who governed the Ifraelites from the time of Jofhua till the reign of Saul. Thefe judges refembled the Athenian archons or Roman dictators. The dig¬ nity Jutlaifa* u D r 595 ] J U B Judges, nity of judge was for life, but not always in uninter- Judgement. fueceffion. God himfelf, by fome exprefs de- w v claration of his will, regularly appointed the judges : But the Ifraelites did not always wait for his appoint¬ ment, but fometimes chofe themfelves a judge in times of danger. The power of the judges extended to af¬ fairs of peace and war. They were protestors of the la ws, defenders of religion, avengers of all crimes $ but they could make no laws, nor impofe any new bur¬ dens upon the people. They lived without pomp or re¬ tinue, unlefs their own fortunes enabled them to do it j for the revenues of their office corffifted in voluntary prefents from the people. They continued from the death of Jolhua till the beginning of the reign of Saul, being a fpace of about 339 years. Judges, for ordinary affairs, civil and religious, were appointed by Mofes in every city to terminate differences j in affairs of greater confequence, the dif¬ ferences were referred to the prieds of Aaron’s family, and the judge of the people or prince at that time eftabliffied. Mofes likewife fet up two courts in all the cities, one confiding of prieds and Levites, to de¬ termine points concerning the law and religion j the other confiding of heads of families, to decide in civil matters. Book of Judges, a canonical book of the Old Teda- ment, fo called from its relating the date of the If- raelitcs under the adminidration of many illudrious perfons who were called judges, from being both the ci¬ vil and military governors of the people, and who were raifed up by God upon fpecial occafions, after the death of Jolhua, till the time of their making a king. In the time of this peculiar polity, there were feveral remark¬ able occurrences, which are recorded in this book. It acquaints us with the grofs impiety of a new genera¬ tion which fprung up after the death of Jofliua ; and gives us a diort view of the difpenfations of heaven to¬ wards this people, fometimes relieving and delivering them, and at others feverely chadifing them by the "hands of their enemies. SeleB JUDGES (^Judices feleBi'), m Antiquity, were perfons fummoned by the prcetor to give their verdift in criminal matters in the Roman courts, as juries do in ours. No perfon could be regularly admitted into this number till he was 25 years of age. The Sortitio Judicum, or impannelling the jury, was the office of the Judex ^uefionis, and was performed after both par¬ ties were come into court, for each had a right to re- je£l or challenge whom they pleafed, others being fub- dituted in their room. The number of the Judices fe~ JeBi varied, according to the nature of the charge. When the proper number appeared, they were fworn, took their places in the fubfellia, and heard the trial. JUDGEMENT, among logicians, a faculty or ra¬ ther aft of the human foul, whereby it compares its ideas, and perceives their agreement or difagreement. Bee Metaphysics ; and Logic, Part II. JUDGEMENT, in Law, is the fentence pronounced by the court upon the matter contained in the record. Judgements are of four forts. Fird, where the fafts are confeffed by the parties, and the law determined by the court \ as in cafe of judgement upon demurrer; fe- eondly, where the law is admitted by the parties, and the fafts difputed ; as in the cafe of judgement on ver- diB; thirdly, where both the fa ft and the law arifing Vol. XI.' Part I. thereon are admitted by the defendant; which is the J’utlgem'efif, cafe of judgements by confejjhn or default; or, ladly, •— where the plaintiff is convinced that either faft or law, or both, are infufficient to fupport his aftion, and therefore abandons or withdraws his profecution ; which is the cafe in judgements upon a rimfuit or re¬ traxit. I he judgement, though pronounced or awarded by the judges, is not their determination or fentence, but the determination and fentenee of the law. It is the conclufion that naturally and regularly follows from the premiffes of law and faft, which Hands thus : A~ gainlt him who hath rode over my corn, I may recove-t damages by law : but A hath rode over my corn 5 therefore I ffiall recover damages againft A. If the major propofition be denied, this is a demurrer in law : if the minor, it is then an iffue of faft : but if both be confeffed or determined to be right, the conclufion or judgement of the court cannot but follow. Which judgement or conclufion depends not therefore on the arbitrary caprice of the judge, but on the fettled and invariable principles of juftice. The judgement, in ffiort, is the remedy prefcribed by law for the redrefs of injuries ; and the fuit or aftion is the vehicle or means of admimftering it. What that remedy may be, is indeed the refult of deliberation and ftudy to point out; and therefore the ftyle of the judgement is, not that it is decreed or refolved by the court, for then the judgement might appear to be their own ; but, “ it is confidered,” conjideratum ejl per cunatn, that the plain¬ tiff do recover his damages, his debt, his poffeflion, and the like : which implies that the judgement is none of their own j but the aft of law, pronounced and declar¬ ed by the court, after due deliberation and inquiry. See Blackf. Comment. Hi. 396. Judgement, in criminal cafes, is the next ft age of profecution, after trial and CONVICTION are pall, in fuch crimes and mifdemeanors as are either too high or too low to be included within the benefit of clergy. For when, upon a capital charge, the jury have brought in their VERDICT guilty in the prefence of the prifoner j he is either immediately, or at. a convenient time foon after, afked by the court, if he has any thing to offer why judgement ffiould not be awarded againft him ? And in cafe the defendant be found guil¬ ty of a mifdemeanor (the trial of which may, and does ufually, happen in his abfence, after he has once appeared), a capias is awarded and iffued, to bring him in to receive his judgement; and if he abfconds, he may be profecuted even to outlawry. But whenever he appears in perfon, upon either a capital or inferior con- viftion, he may at this period, as well as at his arraign¬ ment, offer any exceptions.to the indiftment, in arreji or flay of judgement : as for want of fufficient certainty in fetting forth either the perfon, the time, the place, or the offence. And if the objeftions be valid, the whole proceedings (hall be fet afide j but the party may be indifted again. And we may take notice, 1. That none of the llatutes of jeofails, for amendment of er¬ rors, extend to indiftments or proceedings in criminal cafes } and therefore a defeftive indiftment is not aided by a verdift, as defeftive pleadings in civil cafes are. Z.MThat, in favour of life, great ftriftnefs has at all Black ft. times been obferved, in every point of an ifidiftment.Conmcnt. Sir Matthew Hale indeed complains, “ that this Rrift- 3 D nefe J U 1) Juilgr ment ■ nds is grown to be a blemifh and inconvenience in the ' law, and the adminillration thereof: for that more of¬ fenders efcape by the over-eafy ear given to excep¬ tions in indictments, than by their own innocence j and many times grofs murders, burglaries, robberies, and other heinous and crying offences, remain un¬ pun i {lied by thefe unfeemly niceties : to the reproach of the law, to the fhame of the government, to the encouragement of villany, and to the dilhonour of God.” And yet, notwithftanding this laudable zeal, no man was more tender of life than this truly excel¬ lent judge. A pardon alfo may be pleaded in arreft of judge¬ ment j and it has the fame advantage when pleaded here as when pleaded upon arraignment ; viz. the faving the attainder, and, of courfe, the CORRUP¬ TION of blood : which nothing can reftore but parlia¬ ment, when a pardon is not pleaded till after fentence. And certainly, upon all accounts, when a man hath obtained a pardon, he is in the right to plead it as foon as poflible. See Pardon. Praying the benefit of clergy may alfo be ranked among the motions in arreft of judgement. Ste Ben e^t of Clergy. If all the refources fail, the court muft pronounce that judgement which the law hath annexed to the crime. Of thefe fome are capital, which extend to the life of the offender, and confiit generally in being hang¬ ed by the neck till dead ; though in very atrocious crimes other circumftances of terror, pain, or difgrace, are fuperadded : as, in treafons of all kinds, being drawn or dragged to the place of execution ; in high treafon affefting the king’s perfon or government, em- bowelling alive, beheading, and quartering ; and in murder, a public diffeftion. And in cafe of any treafon' committed by a female, the judgement is, to be burned alive. But the humanity of the Englilh nation has authorized, by a tacit con font, an almoft general mitigation of fuch parts of thefe judgements as favour of torture or cruelty : a fledge or hurdle being ufually allowed to fuch traitors as are condemned to be drawn ; and there being very few inftances (and thofe acciden¬ tal or by negligence) of any perfon’s being embowel- led or burned, till previoufly deprived of fenfation by ftrangling. Some punifhments confift in exile or ba- rnffnnent, by abjuration of the realm, or tranfpor- tation beyond the feas : others, in lofs of liberty, by perpetual or temporary imprifonment. Some ex¬ tend to confifcation, by forfeiture of lands, or move¬ ables, or both, or of the profits of lands for life : others induce a difability of holding offices or employments, being heirs, executors, and the like. Some, though rarely, occafion a mutilation or difmembering, by cut¬ ting off the hand or ears : others fix a lafting ftigma on the offender, by flitting the noftrils or branding in the hand or face. Some are merely pecuniary, by fta- ted or difcretionary fines: and, laftly, there are others that confift principally in their ignominy, though moft of them are mixed with fome degree of corporeal pain •, and thefe are infli£ted chiefly for fuch crimes as either arife from indigence, or render even opu¬ lence difgraceful. Such as whipping, hard labour in the houfe of correttion, the pillory, the flocks, and the ducking-ftool. Pifgufting as this catalogue may fcem, it will afford [ 39+ 1 J U D pleafure to a Britiffi reader, and do honour to the Bri-- tilh laws, to compare it with that (hocking apparatus of death and torment to be met vith in the criminal codes of almoft every other nation in Europe. And it is moreover one of the glories of our law, that the na¬ ture, though not always the quantity or degree, of punilhment is afcertained for every offence j and that it is not left in the bread of any judge, nor even of a jury, to alter that judgement which the law has be¬ forehand ordained for every fubjett alike, without re- fpe£t of perfons. For if judgements were to be the private opinions of the judge, men would then be (laves to their magiftrates; and would live in fociety, without knowing exactly the conditions and obliga¬ tions which it lays them under. And, befides, as this prevents oppreffion on the one hand j fo, on the other, it ftilies all hopes of impunity or mitiga-* tion, with which an offender might flatter himfelf if his puniffiment depended on the humour and diferetion of the court. Whereas, where an eftabliffied penalty is annexed to crimes, the criminal may read their certain confequence in that law, which ought to be the unvaried rule, as it is the inflexible iudee, of his a£tions. Judgement of God. See Judicium Dei. J UDIC ATURE, the quality or proieffion of thofe who adminifter juftice. Judicature is alfo ufed to fignify the extent of the jurifdiftien of the judge, and the court wherein he fits to render juftice. JUDICIA centumviralia, in Roman antiquity, were trials before the Centumviri, to whom the prettor committed the decifion of certain matters of inferior nature, like our juftices of peace at the quarter fef- (ions. During the judicia centumviraiia, a fpear wras ftuck up in the forum, to fignify that the court was fit¬ ting. JUDICIUM CalumnIjE, was an aftion brought againft the plaintiff for faife accufation. The punifli- ment, upon conviction, was inufio front is, or branding in the forehead. See Inustio. JUDICIUM Dei, Judgement of God, was a term anci¬ ently applied to all extraordinary trials of fecret crimes jr as thofe by arms, and (ingle combat j and the ordeals, or thofe by fire, or red-hot ploughffiares, by plung¬ ing the arm in boiling water, or the whole body in cold w'ater ; in hopes God would work a miracle, rather than fuffer truth and innocence to perifli. Siftper de- fendere non pofjit, judicio Deifcil. aqua vel ferro, fieret de eo jujlitia.——Thefe cuftoms were a long time kept up even among Chriftians j and they are (till in ufe in fome nations. See Battel, Ordeal, See.—Trials of this fort were ulually held in churches in prefence of the bithops, priefts, and fecular judges; after three days fading, confeffion, communion, and many adjurations and ceremonies deferibed at large by Du Cange. JUDICIUM Barium denotes a trial by a man’s equals, i. e. of peers by peers, and of commoners by com¬ mons. In magna charta it is more than once infilled on as the principal bulwark of our liberties, but efpeci- ally by chap. 29. that no freeman (hall be hurt in ei¬ ther his perfon or property, nif per legale judicium pa- rium fuorum vel per legem terree. And this was even efteemed in all countries a privilege of the higheft and moft beneficial nature. 'udgf me»t .11 Judicium,. Judicium Judicium i! Jugglers. J u G [3 JUDICIUM Falji, was an action which lay againft the judges for corruption or unjufl: proceedings. j JUDICIUM Prmvaricationis, was an a ft ion brought againft the profecutor, after the criminal was acquit¬ ted, for ffcppreffing the evidence of, or extenuating his guilt, rather than urging it home, and bringing it to light. JUDOIGNE, a town of the Auftrian Netherlands, in Brabant. Near this town the duke of Marlborough gained that fignal viftory over the French in 1706, called the battle of Ramil lies. It is feated on the river Gele, 13 miles fouth eaft of Louvain, and 16 north of Namur. IVEACH, the name of two baronies of Ireland, in the county of Down, and province of Ultler. They are diftinguifhed into Upper and Lower Iveach, and the former is by much the largeft barony in that coun¬ ty. The name of Iveach, or Hy Veach, is faid to be taken from Achaius, in Irifh called Eackach, grand-fa¬ ther to King Coalbpaig, as much as to fay “ the terri¬ tory of Eachach j” fur hy, in the Iriih language, is a common adjeftive, denoting not only the heads and founders of families, but alfo the territories poilefled by them. Iveach (including both baronies) was otherwife called Magennis's country, and in Queen Elizabeth’s time w?.s governed by Sir Hugh Magennis, efteemed to have been one of the moft polite of all the natives in thofe parts. Through part of this barony runs a chain of mountains conliderably high, known by the name of Iveach mountains. IUERNUS, in Ancient Geography, a town in the fouth-weft of Ireland. Now Dunkerarn, (Camden) ; ■ called Donckyne by the natives, lituated on the river Maire, in the piovince of Munfter. Iuernus, or lERNUS (Ptolemy), a river in the fouth- welt of Ireland. Now called the Maire, or Kenmare, running from eaft to weft, in the province of Munfter. IVES, St, a fea-port town of Cornwall in England, feated on a bay of the fame name ; which is chiefly frequented by fifhermen, for the taking of pilchards. By this trade, and that of Cornifh flates, it has thriven greatly, and 20 or 30 fail of Ihips now belong to it. It is a corporation, governed by a mayor, recorder, &c. and it fends two members to parliament. Here is a handfome fpacious church, and a grammar-fehool, which was founded by Charles I. Ives, St, is alfo the name of a town ifi Huntingdon- ftiire, 64 miles from London. It has a fine ftone bridge over the Oufe, had in the ninth century a mint, and was noted for its medicinal waters. Great part of it was burnt down fome years ago, but it was rebuilt, Here is a very good market on Monday for fatted cat¬ tle brought from the north ; and there are two fairs in the year. Here Oliver Cromwell rented a farm before he was chofen a burgefs for Cambridge. JQGEPiUM, in Roman antiquity, a fquare of I 20 Homan feet ; its proportion to the Englifh acre being as 10.000 to 16.097. JUGGLERS, a kind of people whofe profeflion has not been often deemed either refpeftable or ufeful. Yet Profeflor Beckmann defends them, and pleads ably the caufe of the praftifers of legerdemain, in the third volume of his Hiftory of Inventions, including rope-dancers, and fuch as exhibit feats of uncommon strength. He places all thefe under the general deno- 95 1 J G G minatioti of jugglers j and taking it for granted that every ufeful employment is full, he contends that there would not be room on the earth for all its prefent in¬ habitants, did not fome of them praftife the art of juggling. “ Thefe arts, he obferves, are not unprofitable, for they afford a comfortable fubfiftence to thofe who prac- tife them, which they ufually fpend upon the fpot, and this he confiders as a good reafon why their flay in a place ought to be encouraged. He is alfo of opinion that if the arts of juggling ferved no other end than to amufe the moft ignorant of our citizens, it is proper that they ftiould be encouraged, for the fake of thofe who cannot enjoy the more expenfive deceptions of an opera. They convey inftruftion in the moft acceptable manner, and ferve as an antidote to fuperftition. We fcarcely think, however, that it is innocent to entice the labouring poor, by ufelefs deceptions, to part with their hard-earned pittance to idle vagabonds, whofe life cannot be comfortable, which is palled amidlt feenes of the moft grovelling diffipation. Juggling is certainly of very great antiquity. The deception of breathing out flames was praftifed by fome of the Haves in Sicily about 150 years before the commencement of the Chriftian aera. It is, however, praftifed in modern times with much greater dexterity. The ancients made ufe of naphtha, a liquid mineral oil, which kindles when it only approaches a flame. According to Plutarch, Alexander the Great was af- tonifhed and delighted with the fecret effefts of naph¬ tha, which were exhibited to him at Ecbatana. Won¬ der has been excited in modern times by perfons who could walk over burning coals or red-hot iron, which is eafily done by rendering the fkin of the feet callous and infenfible, fo that the nerves under it are fecured from injury. We are told by Beckmann, that the Hirpi, who dwelt near Rome, jumped through burning coals j that women were accuftomed to walk over burn¬ ing coals at Caftabala, near the temple dedicated to Diana j that the exhibition of balls and cups is often mentioned in the works of the ancients 5 and that the various feats of horfemanfhip exhibited in our c'rcufes paffed, in the I3th century, from Egypt to the Byzan¬ tine court, and thence over all Europe. JUGL ANS, the Walnut, a genus of plants belong¬ ing to the polyandria clafs ; and in the natural method ranking under the 50th order, Amentacece. See Bo¬ tany Index. JUGORA, a confiderable province of Mufcovy, de¬ pending on the government of Archangel. It has the title of a duchy j and is inhabited by a kind of Tartars, who are very favage, and much of the fame difpofition with the Samoiedes. JUGULAR, among anatomifts, is applied to certain veins and glands of the neck. See Anatomy. JUGULARES, in the Linnsean fyftem, is the name of an order or divifion of fifh, the general charafter of which is, that the ventral fins are placed before the peftoral. See Ichthyology Index. JUGUM, an humiliating mode of punifhment in¬ flicted by the victorious Romans upon their vanquiflied enemies. It was thus : They fet up two fpears, and lay¬ ing a third acrofs, in the form of a gallows, they order¬ ed thofe who had furrendered themfelves to pafs under this ignominious erection, without arms or belts. None 3 D 2 buffered J V I [ 396 ] J U I fuffered this difgrace of pafTingy^ jugo but fuch as had been obliged to furrender. JUGUIITHA, the illegitimate fon of Manaftabal the brother of Micipfa. Mieipfa and Manaftabal were the fons of Mafiniffa king of Numidia. Micipfa, who had inherited his father’s kingdom, educated his ne¬ phew with his two fons Adherbal and Hu-mpfal 5 but as he faw that the former was of an afpiring difpofition, he lent him with a body of troops to the aftiftance of Scipio, who was befteging Numantia, hoping to lofe a youth whofe ambition fteraed to threaten the traiiquil- liiy of h is children. His hopes were fruftrated 5 Ju- gurtha (bowed himfelf brave and aftive, and he en¬ deared himfelf to the Roman general. Micipfa ap¬ pointed h.m lucceftor to his kingdom with his two fans ; but the kindnefs of the father proved fatal to the children. Jugurtha deftroyed Hiempfal, and (tripped Adherbal of his poffeftii ms, and obliged dm to tly to Rome for farety. The Romans liftened to the well- grounded complaints of Adherbal •, but Jngurtha% gold prevailed among the fenators, and the fuptdiant mo¬ narch, forfaken in his diftrel.->, perilh' d by the fnares of his enemy. Coecilius Metellus was at tail lent a- ga’mft Jugurtha -, and bis firmnefs and ucctis (oon re¬ duced the crafty Numidian, obliging him to fly among his favage neighbours for fupport. Marius and Sylla fucceeded Metellus, and fought with equal fuccefs. Jugurtha was at laft betrayed by his father-in-law Boc- chus, from whom he claimed affiftance ; and lie was delivered into the hands of Sylla ic6 years before the Cnriftian era. He was expofed to the view of the Roman people, and dragged in chains to adorn the triumph of Marius. He was afterwards put in a pri- fon, where he died fix days after of hunger. IVICA, or YVica, the name of an ifland in the Mediterranean. See Yvica. JUICE, denotes the fap of vegetables, or the li¬ quors of animals. See Anatomy, Blood, Plants, Sap, &c. The juices of feveral plants are exprefled to obtain their eflential (alts, and for feveral medicinal purpofes, with intention either to be ufed without further prepa¬ ration, or to be made into fyrups and extrafb. The general method of extra&ing thefe juices is, by pound¬ ing the pi mt in a marble mortar, ana then by putting it into a prefs. Thus is obtained a muddy and green liquor, which generally requires to be clarified, as we fhail (oon obferve. i he juices of all plants are not extracted with equal eafe. Some plants, even when freih, contain fo little juice, that water mult be added while they are pounded, otherwife fcarcely any juice would be obtained by expreflion. Other plants, which contain a confiderable quantity o*' juice, furnifh by ex predion but a fmall quantity of it, becaufe they con¬ tain alfo much mucilage, which, renders the juice fo vifcid that it cannot flow. Water mult alfo be added lo theie plants to obtain their juice. The juices thus obtained from vegetables by a mechanical method, are uot, properly fpeaking, one of their principles, but rather a collection of all the proximate principles of plants which are foluble in water ; fuch as the fapona ce.ous extractive matter, the mucilage, the odoriferous principle, all the faline and faccharine fubftances ; all Yibich are difiblved in the water of the vegetation of a the plants. Befides all thefe matters, the juice con- Juke, tains fome part of the refinous fubftance, and the green ^T”- colouring matter, which in almoft: all vegetables is of a refinous nature. Thefe two latter fubftances, not being (oluble in water, are only interpofed between the parts of the other principles which are diffolved in the juice, and confequently difturb its tranfparency. They neverthelefs adhere together in a certain degree, and fo ftrongly in moft juices, that they cannot be fepara- ted b) filtration alone. When therefore thefe juices are to be clarified, form previous preparations muft be ufed by which the filtration may be facilitated. Juices which are acid, and not very mucilaginous, are ipon- taneoufly clarified by reft and gentle heat. The juices of moft antncorbutic plants abounding in falme vola¬ tile principles, may be dilpofed to filtration merely by immerfion in boiling water and as they may be contained in clo(e bottles, while they are thus heated in a water bath, their faline volatile part, in which their medicinal qualities chiefly coniift, may thus be prelerved. Fermentation is alio an effectual method of clarifying juices which art fufceptible of it; for ail li¬ quors which have fermented, clarify fpontaneoufly af¬ ter fermentation. But this method is not uled to ela- rifv juices, becauie many of them are fufceptible of on¬ ly an imperfedl iermentation, and becaufe the qualities of moft of them are injured by that procefs. The me¬ thod of clarification moft generally uled, and indilpen- fably nectffary for thofe juices which contain much mucilage, is boiling with the white of an egg. This matter, which has the property of coagulating in boiling water, and of uniting with mucilage, does ac¬ cordingly, when added to the juice of plants, unite with and coagulate their mucilage, and feparates it from the juice in form of feum, together with the greateft pari of the refinous and earthy matters which difturb its tranfparency. And as any of thefe refi¬ nous matters which may remain in the liquor, after this boiling with the whites of eggs, are no longer retain¬ ed by the mucilage, they may eafily be feparated by filtration. The juices, efpecially before they are clarified, con¬ tain almoft all the fame, principles as the plant itfelf j. becauie in the operation by which they are extradit'd, no decompofition happens, but every thing remains, as to its nature, in the fame ftate as in the plant The principles contained in the juice are only feparated from the groffer oily, earthy, and refinous parts, which com- pofe the folid matter that remains under the prefs. Thefe juices, when well prepared, have therefore the fame medicinal qualities as the plants from which they are obtained. They muft evidently differ from eaclv other as to the nature and proportions of the princi¬ ples with which they are impregnated, as much as the plants from which they are extra&ed differ from each other in thofe refpedls. Moft vegetable juices coagulate when they are ex¬ pofed to the air, whether they are drawn out of the plant by wounds, or naturally run ouc though what is called naturally runrr.ng out, is generaliy the effect of a wound in the plant, from a fort of canker, or fome other internal caufe. Different parts of the fame plant yield different juices. The fame veins in their courfe through the different parts of the plant yield juices of a J U I r 397 1 . j u I Juice, a different appearance. Thu.' the juice in the rout of' "’"V"" the cow-parfnep is of a brimftone colour j but in the Italic it is white. Among thofe juices of vegetables which are clammy and readily coagulate,/ there are fome which readily break with a whey. The great wild lettuce, with the fmell of opium, yn Ids the great eft plenty of milky juice of any known Britifli plant. When the ftalk is wound¬ ed with a knife, the juice flows out readily like a thick cream, and is white and ropy ; but if thefe wounds are made at the top of the (talks, the juice that flows out of them is daflied with a purple tinge, as if cream had been fprinkltd over with a few drops of red wine. Some little time after letting this out, it becomes much more purple, and thickens; and finally, the thicker part of it fepavates, and the thin whey fwims at top. The whey or thin part of this feparated matter is eaii- ly prefled out from the curd.by fqueezing between the fingers, and the curd .will then remain white ; and on waihiug with water it becomes like rags. The purple whey (for in this is contained all the colour) loon dries into a purple cake, and may be crumbled between the fingers into a powder of the fame colour. The white curd being dried and kept for fome time, becomes hard and brittle. It breaks with a (hining fur fact-' like n fin, and is inflammable ; taking fire at a c andle, and burn¬ ing all away with a ftrong flame. The fame thick part being held over a gent'e heat, will draw out into tough long threads, melting like wax. The purple cake made from the whey is quite different from this j and when held to a candle learce flames at all, but burns to a black coal. The whole virtue of the plant feems alfo to confift in this thin part of its juice : for the coagu- lum or curd, though looking like wax or refin, has no tatle at all ; whereas the purple cake made from the ferum is extremely bitter, and of a tafte fomewhat re- fembling that of opium. Of the fame kind with the wild lettuce are the throatwort, fpurge, and many other plants. Tliefe are all replete with a milky juice which leparates into curds and whey like that already deferibed. But this, though a common lawr of nature, is not univerlal ; for there are many plants which yield the like milky juices without any feparation enfuing upon their ex- travafation. The white juice of the fonchus never fe- parates, but dries into an uniform cake : the common red wild poppy bleeds freely with a milky juice ; and the heads or capfules of feed bleed not Id’s freely than the reft of the plant, even after the flower is fallen. This juice, on being received into a (hell or other fmall veflel, foon changes its white to a deep yellow colour, and dries into a cake which feems refioous and oily,, but no whey feparates from it. The tragopogon, or goatVbeard, when wounded, bleeds freely a milky juice 5 it is at firft white, but becomes immediately yellow, and then more and moie red, till at length it is wholly of a dulky red. It never ieparates, but dries together into one cake ; and is oily and refinous, but of an infipid tafte. The great bindweed alfo bleeds freely a white juice; the flowers, as well as the (talks and leaves, affording this liquor. It is of a (harp tafte; and as many of the purging plants are of this clafs, it would be worth trying whether this milk is not pur¬ gative. Thefe juices, as well as the generality of others Juke, which bleed from plants, are white like milk; but there are fome of other colours. The juice of the great celandine is of a fine yellow colour ; it flows from the plant of the thicknefs of cream, and foon dries into a hard cake, without any whey feparating from it. Another yellow juice is yielded by the feed- veffels of the yellow centaury in the month of July, when the feeds are full grown. This is very clammy; it foon hardens altogether into a cake without any whey feparating from it. It fticks to the fingers like birdlime, is of the colour of pale amber, and will ne¬ ver become harder than foft wax if dried in the (hade ; but if laid in the fun, it immediately becomes hard like refin. Thefe cakes burn like wax, ai d emit a very pleafant fmell. The great angelica alfo yields a yel- lowjfli juice on being wounded ; and this will not har¬ den at all, but if kept feveral years will ftill be foft and clammy, drawing out into threads or half melted refin. Another kind of juices very different from all thefe, ate thoie of a gummy nature. Some of thefe remain liquid a long time, and are not to be dried without the afliftance of heat ; and others very quickly harden of thenffelves, and are not inflammable. The gum of the juice of rhubarb leaves foon hardens ; and is after¬ wards foluble in common water, and (parkles when put into the flame of a candle. The clufters of the com¬ mon honeyfuckle are full of a liquid gum. This they frequently throw out, and it falls upon the leaves, where it retains its own form. The red hairs of the ros folis are all terminated by large bladders of a thin watery fluid. This is alfo a liquid gum ; it fticks to the fingers, draws out into long threads, and (lands the force of the lun all day. In (he centre of each of thefe dew-drops there is a (mall red bladder, which (lands immediately on the fummit of the red hair, and con¬ tains a purple juice which may be fqueezed out of it. The pinguicula, or butterwort, has alio a gummy matter on its leaves in much greater quantity than the ros folis. Some plants yield juices which are manifeftly of an oily nature. Thefe, when rubbed, are not at all of a * clammy nature, but make the fingt is glib and (lippery, and do not at all harden on being expofed to the air. If the ftalk of elecampane be wounded, there flow's out an oily juice fwimming upon a watery one. The ftaik of the hemlock alfo afford a fimilar oily liquor fwimming upon the other ; and in like manner the white mullein, the berries of ivy, the bay, juniper, dog-berry tree, and the fruit of the olive, when wound¬ ed, (how their oil floating on the watery juice. Some of thefe oily juices, however, harden into a kind of refin. Oui ivy yields fuch a juice very abundantly; and the juice of the fmall purple-berried juniper is of the fame kind, being hard and fat, and not very gum¬ my. If the bark of the common ivy is wounded in March, there will ooze out a tough and greafy matter of a yellowifli colour, which, taken up between the fingers, feels not at all gummy or ftii king, but melts in handling into a fort of oil, which in procefs of time hardens and crufts upon the wou ds, and looks like brown fugar. It burns with a lading flame, and fmells very Itrong. The tops of tho wild lettuce, and Juice fl Julian. J U L [ , the leaves growing near the tops, if examined with a magnifying glafs, fhow a great number of fmall blad- w ders or drops of an oily juice of a brownifh colour, har¬ dening into a kind of refin •, they are eafily wiped off when of any fize, and are truly an oily juice a little hardened. It is probable, alfo, that the fine blue flour or powder, called the bloomy upon the furface of our common plums, is no other than fuch an oily juice exu- dating from their pores in fmall particles, and harden¬ ing into a fort of refiir. JUJUBES, in the Materia M.edicay the name of a iruit of the pulpy kind, produced on a tree which Lin¬ naeus makes a fpecies of rhamnus. See Rhamnus. The jujubes have been made a general ingredient in pedtoral aecodJions j but they are now feldom ufed on thefe occafions, and are fcarce at all heard of in pre- fcnption, or to be met with in our (hops. JUL, or Jol, a Gothic word fignifying a “ fumptu- ous tieat j” and particularly applied to a religious fefti* val fiift among the heathens and afterwards among Chriftians.^ By the latter it was given to Christmas j which is Hill known under the name of /«/, or Tool, in Denmark, Norway, Iceland, and Sweden ; nay, even in the north of Britain, and whence the month of Ja- nuarius by the Saxons was ftyled Giuli, i. e. “ the Fef- tival.” As this feaft had originally been dedicated by our heathen anceftors to the fun, their fupreme deity j io the Chriftians, for the purpofe of engaging the minds of their Ethnic (gentile) brethren, ordered tt (hould be celebrated in memory of the birth of Chrift : and thus it has been through ages a feaft of joy and entertain¬ ment. We are indebted to Procopius for the firft ac¬ count of this feaft. JULEP, in Pharmacy, a medicine compofed of fome proper liquor and a fyrup or fugar, of extemporaneous preparation, without decoftion. See Materia Me- DICA Index. JULIAN, the famous Roman emperor, ftyled the Apoftate, becaufe he profeflfed the Chriftian religion before he afcended the throne, but afterwards openly embraced Paganifm, and endeavoured to abolifti Chrif- tianity. He made no ufe of violence, however, for this purpofe j for he knew that violent meafures had always rendered xt more flouriftiing : he therefore be¬ haved with a polite mildnefs to the Chriftians j recal¬ led all who had been b^niflied on account of religion under the reign of Conftantius ; and undertook to per¬ vert them by his careffes, and by temporal advantages and mortifications covered over by artful pretences : but. he forbade Chriftians to plead before courts of juft ice, or to enjoy any public employments. He even prohibited their teaching polite literature ; well know¬ ing the great advantages they drew from profane au¬ thors in their attacks upon Paganifrn and irreligion. -I hough he on all occafions (bowed a fovereign con¬ tempt for the Chriftians, whom he always called Gali¬ leans, yet he. v'a.s fenfible of the advantage they ob¬ tained by their virtue and the purity of their manners ; and therefore inceffantly propofed their example to the Pagan priefts. At laft, however, when he found that all other methods failed, he gave public employments to the moft cruel enemies of the Chriftians, when the cities in moft of the provinces were filled with tumults |ind feditions, and many of them were put to death ; I Julian. 9§ ] JUL T. hough it has been pleaded by Julian’s apologifts, that the behaviour of the Chriftians furniftied fufficient pre- r— tence for moft of his proceedings againft them, and the animofities among themfelves furniftied him with the means 3 that they were continually prone to fedi- tion, and made a merit of infulting the public woifhip $ and, finally, that they made no fcruple of declaring, that want of numbers alone prevented them from en¬ gaging in an open rebellion. Hiftorians mention, that Julian attempted to prove the falfehood of our Lord’s prediaion with refpea to the temple of Jerufalem ; and refolved to have that edifice rebuilt by the Jews, about 300 years after its deftruaion by Titus : but all their endeavours ferved only the more perfeaiy to verify what had been foretold by Jefus Chrift 3 for the Jews,, who had aflembled from all parts to Jerufalem, digging the foundations, flames of fire burft forth and confumed the workmen*. However, the Jews, who * See 7^ were obftinately bent on accompliftiing that work, rvfalem* made feveral attempts'3 but it is faid, that all who en¬ deavoured to lay the foundation perifhed by thefe flames, which at laft obliged them entirely to abandon the work. Julian being mortally wounded in a battle with the Perfians, it is faid, that he then catched in his hand fome of the blood which flowed from his wound; and throwing it towards heaven, cried, “ Thou Galilean haft conquered.” But notwithftanding this popular report, Theodoret relates, that Julian difco- vered a different difpofition 3 and employed his laft mo¬ ments in converfing with Maximus the philofopher on the dignity of the foul. He died the following night, aged 32. For a particular account of his reign and exploits, fee (Hi/lory of) Constantinople, N° 7. 33—66.. No prince was ever more differently reprefented by different authors ; on which account it is difficult to form a true judgment of his real charafler.- It muft, however, be acknowledged, that he was learned, libe¬ ral, temperate, brave, vigilant, and a lover of jufticeJ but, on the other hand, he had apoftatifed to Paga¬ nifm 3 wras an enemy to the Chriftian religion 3 and was, in faff, a perfecutor, though not of the moft fan- guinary clafs. We have feveral of his difcourfes or ora¬ tions; fome of hisjetters ; a treatife intitled Mfopogon, which is a fatire on the inhabitants of Antioch ; and fome other pieces, all written in an elegant ftyle. They were publilhed in Greek and Latin by Father Petau in 1630 in quarto; and of which Spanheimius gave a fine edition in folio in 1696. His moft famous work was that compofed againft the Chriftians, of which there are fome fragments in Cyril’s refutation of it. Julian Period, in Chronology, a period fo called, as being adapted to the Julian year. It is made to commence before the creation of the world. Its principal advantage lies here, that the fame years of the cycles of the fun, moon, and indidlion, of which three cycles it was made to confift by Jofeph Sea- liger in 1580, belonging to any year of this period,- will never fall together again till after the expiration of 7980 years. I here is taken for the firft year of this period that which hath the firft of the cycle of the fun, the firft of the cycle of the moon, and the firft of the inditftion cycle, and fo reckoning on. The firft year of the Chriftian era is always, in our fyftems Julian. tl Julius II. J U L [ 399 ] J U N fyftems of chronology, the 4714th of the Julian pe¬ riod. To find what year of the Julian period any given year of Chrift anfwers to : To the given year of Chrift add 4713, becaufe fo many years of the Julian period were expired A. D. 1 5 and the fum gives the year of the Julian period fought. On the contrary, having the year of the Julian period given, to find what year of Chriit anfwers thereto : From the year of the Julian period given fubtra£l 4713, and the remainder will be the year fought. Julian, S(, a harbour on the fouth of Patagonia, in South America, where (hips ufually touch that are bound to the South feas. S. Lat. 48. 15. J17LIERS, a duchy in the circle of Weftphalia, in Germany, feated between the rivers Maefe and Rhine, and bounded by Prufiian Guelderland on the north, by the electorate of Triers on the fouth, by the electo¬ rate of Cologne on the eaft, and by the Netherlands on the weft. It is about 60 miles long, and 30 broad ; and is a very plentiful country, abounding in cattle, corn, and fine meadows, and is well fupplied with wood ; but it is molt remarkable for a fine breed of horfes, and woad for dyeing, which is gathered here in abundance. The chief towns are Juliers, Aix-la- Chapelle, Duren, Munfter-Eifel, Bedbur, Wefin- burgh, and Lafteren. The duchy of Juliers is now annexed to France, and forms part of the department of the Roer. Juliers, a city, capital of the duchy of Juliers in Weftphalia j fome think this city was founded by Ju¬ lius Coefar or Julia Agrippina j but this is much quef- tioned by others, becaufe it is not mentioned before Antoninus’s Itinerary and Theodofius’s Tables. The town is fmall, but well fortified, and neatly built 5 the houfes are of brick, and the ftreets broad and regular. The citadel is large and very ftrong, containing a pa¬ lace of the ancient dukes and a fpacious piazza. In the fuburbs there is a monaflery of Carthufians, nobly endow ed by feveral dukes of Juliers. The town is but poorly inhabited, though they have a fine woollen ma¬ nufactory in this country, and likewife another of linen. It was taken by Prince Maurice of Naflau in 1610, and by the Spainards in 1622. It is feated on the river Roer, in E. Long. 6. 18. N. Lat. 50. 55. JULIO Romano. See Romano. JULIUS Cjesar. See Cjesar. Julius II. Julian de la Rovere, pope, remarkable for his warlike difpofition, and his political negociations : by the latter, he engaged the principal powers of Eu¬ rope to league w ith him againfl the republic of Venice, called the league of Cambray, figned in 1508. The Venetians having purchafed peace by the ceffion of part of Romania, Julius turned his arms againft Louis XII. king of France, and appeared in perfon armed cap-a- pee, at the fiege of Mirandola j which place he took by aflault in 1511. But proceeding to excommunicate Louis, the king wifely turned his own weapons againft him, by calling a general council at Pifa : at which the pope refufing to appear, was declared to be fufpend- ed from the holy fee ; and Louis, in his turn, excom¬ municated the pope, who died foon after in 1512. He built the famous church of St Peter at Rome, and was a patron of the polite arts. JULIUS Vicus, in Ancient Geography, a town of the Julius Vi- Nernetes in Gallia Belgica ; fituated between the Tres c“s Tabernae and Noviomagus. Now Germerfheim, a town Jui e> of the Lower Palatinate, on the weft fide of the Rhine. E. Long. 15. 8. N. Lat. 49. 12. Julius Pollux. See Pqllux. I ULUS, a fon of Afc&nius, born in Lavinium. In the fucceflion to the kingdom of Alba, iEneas Sylvius,- the fon of Aeneas and Lavinia, was preferred to him. He was, however, made chief prieft. Iulus, a genus of infeCIs of the order aptera. See Entomology Index. JULY, the feventh month of the year j during which the fun enters the fign Leo. The word is de¬ rived from the Latin Julius, the furname of C. Csefar the dictator, w ho w as born in it. Mark Antony firft gave this month the name July, which before was call¬ ed ^uintilis, as being the fifth month of the year in the old Roman kalendar eftabliihed by Romulus, which began in the month of March. For the fame reafon, Auguft was called Sextilis ; and September, October, November, and December, ftill retain the name of their firft rank. ^ace fequitur, numero turbo notata fuo. Ovid. Faft. On the 19th day of this month the dog-days are commonly fuppofed to begin ; when, according to Hippocrates and Pliny, the fea boils, wine turns four, dogs go mad, the bile is increafed and irritated, and all animals decline and languifu. JuLT-Flowers. See Dianthus, Botany Index. JUMIEGE, a town of Normandy in France, and in the territory of Caux, w ith a celebrated Benedi&ine abbey. It is feated on the river Seine, in E. Long, o. 55. N. Lat. 49. 25. JUNCI lapldei, the name given by old authors to a fpecies of coral, of the tubularia kind, and compofed of a congeries of fmall tubules. See Tubularia, Helminthology Index. JUNCTURE, a joint or doling of two bodies. See Joint. Juncture, in Oratory, is a part of compofition particularly recommended by Quintilian, and denotes fuch an attention to the nature of the vowels, confo- nants, and fyllables, in the connexion of words, with regard to their found, as will render their pronunciation moft eafy and pleafant, and beft promote the harmony of the lenience. Thus the coalition of two vowels, occafioning a hollow and obfcure found, and like¬ wife of fome confonants, rendering it harlh and rough,, fliould be avoided : nor fhould the fame fyllable be repeated at the beginning and end of words, becaufe the found becomes hereby harlh and unpleafant.— The follow-ing verfe in Virgil’s Aineid is an example of juncture. Anna virumque cano, Trojce qui primus ab oris. JUNCU5, the Rush, a genus of plants belonging to the hexandria clafs $ and in the natural method rank¬ ing under the 5th order, Tripeialoidecc. See Botany Index. JUNE, thelixth month of the year, during which the fun enters the fign of Cancer. The word comes x from J U N Juns n Junius. from tKe Latin Junius, which fome derive a Junone, Ovid, in the 6th of his Fa/lt, makes the goddefs {ay, Jumus a noflro nomine nomen habet. Others rather derive i t a junior ibus, this being for young people as the month of May was for old ones. Jumus ejl juvenum ; qui fuit ante fenum. In this month is the fumraer folftice. J UNGERM ANNI A, a genus of plants of the na¬ tural order of algaj, and belonging to the cryptogamia clafs. See Botany Index. JUNGIA, a genus of plants belonging to the fynge- tiefia clafs. See Botany Index. JUNIPERQS, the Juniper Tree; a genus of plants belonging to the monoecia clafs ; and in the na¬ tural method ranking under the 51ft order, Conifer^. See Botany Index. JUNIUS, Adrian, one of the moll learned men of the age in which he lived, was born in Hoorn in Hol¬ land in 1511. He travelled into all parts of Europe, and pra&ifed phyfic with reputation in England, where, among other works, he compofed a Greek and Latin Lexicon, to which he added above 6500 words ; an Epithalamium on the marriage of Queen Mary with King Philip of Spain ; and Animadverfa et de Coma Comment a riu x, ^ which is the moll applauded of all his works. He died in 1575. Junius, Francis, profelfor of divinity at Leyden, was born at Bourges in 1545, of a noble family, and ftudied fome time at Lyons. Bartholomew Aneau, who was principal of the college in that city, gave him excellent inftm&ions with regard to the right method of ftudying. He was remarkable for being proof againft all temptations to lewdnefs; but a libertine fo far overpowered him by his fophiftry, that he made him an atheiit; however, he foon returned to his firft faith ; and, averfe as he was to unlawful love, he had no averfion ^ to matrimony, but was married no lefs than four times. He was employed in public affairs by Henry IV.; and at lad was invited to Leyden to he profeffor of divinity ; which employment he dif- charged with honour, till he was fnatched away by tho plague in 1602. Du Pin fays, he was a learned and judicious critic. He wrote, in conjunction with Em¬ manuel Tremellius, a Latin verfion of the Hebrew text 01 the Bible. Pie alfo pubiithed Commentaries on a great part of the Holy Scriptures; and many other works, all in Latin. Junius, Francis, or Francis da Jon, the fon of the preceding, wa» born at Heidelberg in 1589. Pie at fidt defjgned to devote hunfelf to a military life ; but after the truce concluded in 1609, he-' applied himfelf entirely to Itudy. He came to England in 1620, and lived 30 years in the earl of Arundel’s family. He was greatly efteeraed not only for his profound erudition, but alfo for the purity of his manners; and was fb paf- honateJy lond of the liudy of the northern languages, that, oeing informed there were fome villages in Frief- land where the ancient language of the Saxons was pre- lervcd, he went and lived two years in that country. Ho returned to England in 1675; and after fpending a yen' at Oxford, retired to Wlndfor, in order to vilit Voffius, at wh : ■ houfe he died in 167^. The nniver- fity oi: Oxford, to which he bequeathed his manufcripis, 1 400 ] J U N erefted a very handfome monument to his memory. He Junius wrote, 1. De Piflura Veteran., which is admired by all !! the learned ; the belt edition of it is that of Rotterdam Juncniilla- in 1694'. He pubhlhed the fame work at London in Englilh. 2, An explication of the old Gothic manu- feript, called the Silver one, becaufe the four Gofpels are there written in filver Gothic letters; this was pub- lifned with notes by Thomas Marefehal or Marlhal. 3. A large commentary on she Harmony of the four Golpels by latian, which is it ill in manufcript. 4. A Gloffary in five languages, in which he explains the origin of the Northern languages; publilhed at Oxford in 1745, in folio, by Mr Edward X.ce. JUNK, in fea language, a name given to any rem¬ nants or pieces of old cable, which is ufually cut into fmall portions, for the purpofe of making points, matts, galkets, fen nit, &c. JUNO, in Pagan worftiip, was the filler and wife of Jupiter, and the goddefs of kingdoms and riches; and alfo ilyled the queen of heaven: ihe prefided over mar¬ riage and childbirth, and-was reprefented as the daugh¬ ter of Saturn and Rhc^a. She married Jupiter ; but was not the molt complaifant wife: for according to Homer, that god was fometimes obliged to make ufe of all his authority to keep her in due fubjeftion ; and the fame author obferves, that on her entering into a confpiracy againft him, he punifhed her by fufpending her in the air with two anvils fallened to her feet, and golden manacles on her hands, while all the other deities look¬ ed on without a poffibility of helping her. However, her jealoufy made her frequently find opportunities of interrupting her hufband in the courfe of his amours j and prompted her to punilh with unrelenting fury Eu- ropa, Semele, lo, Latona, and the reft of his miftref- fes. Jupiter himfelf having conceived without any commerce with a female, Juno, in revenge, conceived Vulcan by the wind, Mars by touching a ftower point¬ ed out to her by the goddefs Flora, and Hebe by eating greedily of lettuces, Juno, as the queen of heaven, preferved great ftatei her ufual attendants were Terror and Boldnefs, Caftor, Pollux’, and 14 nymphs; but her moft faithful attend¬ ant was the beautiful Iris, or the rainbow. Homer deferibes her in a chariot adorned with precious ftones, the wheels of which were of ebony, and which was drawn by borles with reins of gold. But Ibe is more commonly painted drawn by peacocks. She was repre¬ fented in her temple at Corinth, feated on a throne, with a crown on her head, a pomegranate in one hand, and in the other a feeptre with a cuckoo on its top. This ftatue was of gold and ivory. Some mythologifts fuppofe that Juno fignifies the air : others, that Ihe was the Egyptian Ifis; w ho being reprelented under various figures, was by the Greeks and Romans reprefented as fo many diftindl deities. JUNONALIA, a feftival obferved by the Romans in honour of Juno, It was inftituted on account of certain prodigies that happened in Italy, and was cele¬ brated by matrons. In the folemnity two white cows were led from the temple of Apollo into the city through the gate called Carmentahs, and two images of Juno, made of cyprtfs, w ore borne inproceftion. Then marched 27 girls, habited in long robes, Tinging a hymn to the goddels; then came the decemviri, crown¬ ed J u P [ 401 ] J U P Junonalia ed with laurel, in veftments edged with purple. This Ju'Uer PoinPous company, going through the Vicu^Jt/garias^ . had a dance in the great field of Rome j from thence they proceeded through the Forum Boamum to the temple of Juno, where the victims were facrificed by the decemviri, and the cyprefs images were left fiand- ing. Th* feflival is not mentioned in the fajli of Ovid, but is fully defcribed by Livy, lib. vii. dec. 3. The hymn ufed upon the occafion was compofed by Livius the poet. > JUNTO> in matters of government, denotes a feleft council for taking cognizance of affairs of great eonfe- quence, which require Itcrecy. In Spain and Portugal, it fignifie? much the fame with convention, affemblv, 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 Hijlory, &c. a hard, folid, and firm fubiianee, of a white colour, and capable of a very good polifh. It is the tulk of the elephant •, and is hollow from the bale to a certain height, the cavity being filled up with a compael medullary fubftance, feeming to have a great number of glands in it. It is obferved, that the Ceylon ivory, and that of the ifland of Vchem, do not become yellow in the wearing, as all other ivory does •, for this reafon the teeth of thefe places bear a larger price than thofe of the coaft of Guinea. Hardening, Softening, and Staining of IvORT. See Bones end Horns. JUPI PER, the fupreme god of the ancient Pagans. The theologifts, according to Cicero, reckoned up three Jupiter's ; the firft and feeond of whom were born in Arcadia : of thefe two, the one fprang from Aether, the other from Coelus. The third Jupiter was the fon of Saturn, and born in Crete, where they pretended to (how his fepulchre. Cicero in other places fpeaks of fevcral Jupiters who reigned in different countries. The Jupiter, by whom the poets and divines under- ftand the fupreme god, was the fon of Saturn king of Crete. He would have been devoured by his father as foon as born, had not his mother Rhea fubtiituted a Hone inffead of the child, which Saturn immediately fwallowed. Saturn took this method to deftroy all his male children, becaufe it had been foretold by Coelus and Terra, that one of his forts (hould deprive him of his kingdom. Jupiter, being thus faved from his fa¬ ther’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 them from an iron to a golden colour. Some fay, that his nurfes were Amalthsea and Melifla, who gave him goats milk and honey ; and others, that Amaltha^a was the name of the goat which* nourifhed him, and which, as a reward for her great fervices, was chan¬ ged into a conftellalion. According to others, he was fed by wild pigeons, who brought him ambrofia from Oceanus •, and by an eagle, who carried neflar in his beak from a deep tock : for which he rewarded the -former, by making them the foretellers of w’inter and fummer ; and the laft by giving him immortality, and making him hi« thunderbearer. When grown up, he drove his father out of heaven, and divided the em¬ pire of the world with his brothers. For himfelf, he had heaven and earth. Neptune had the fea and wa- Vol. XI. Part II. ters ; and Pluto hell. The Titans undertook to def- Jupiter1, troy Jupiter, as he had done his father. Thefe Titans —-v~“- were giants, the fons of Titan and the Earth. They declared war againit Jupiter, and heaped mountains upon mountains, in order to fcale heaven : but their efforts were unfuccefsful Jupiter overthrew them with his thunder, and (hut them up under the waters and mountains, from which they were not able to get out. Jupiter had feveral wives : the firft of whom, named Mein, he is faid to have devoured when big with child, by which he himfelf became pregnant •, and Minerva iffued out of his head, completely armed and fully grown. His fecond was Themis ; the name of his third is not known ; his fourth was the celebrated Ju¬ no, whom he deceived under the form of a cuckoo, winch to flrun the violence of a ftorm fled for fhelter to her lap. He was the father of the Mufes and Graces ; and had a prodigious number of children by his mif- treffes. He metamorphofed himfelf into a latyr to en¬ joy Antiope 5 into a bull, to carry off Eurnpa ; into a fwan, to abufe Leda •, into a (bower of gold, to cor¬ rupt Danae} and into feveral other forms to gratify his pafiions. Pie had Bacchus by Semele, Diana and Apollo by Latona, and was the father of Mercury and the other gods. The heathens in general believed that there was but one iupreme 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 guidtd their councils, Minerva; and when he gave them (Length in battle, Mars. In proeefs of time they ufed differ¬ ent reprefentations of this Jupiter, &c. and confidered them, vulgarly at lead, as lo many different perlons. They afterward regarded each of them in different views: e. g. The Jupiter that (Lowered down.bleffings w as called the Kind Jupiter; and uh«n punifhing, the Terrible Jupiter. There was alfo one J ,piter for Eu¬ rope, and another for Africa 5 and in Europe, there was one great Jupiter who was the particular friend of the Athenians, and another who was the tpecial pro- teftor of the Romans ; nay, there was fcarce a town or hamlet perhaps, in Italy, that had not a Jupiter of its own : and the Jupiter of Terracina or Jupiter Anxur, reprefented in medals as young and beavdlefs, with rays round his head, more refembled Apollo than the great Jupiter at the Capitol. In this way Jiipiter at length had temples and different charafters almoft everywhere: at Carthage, he was called Ammon; in Egypt, 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 benefaftor of the Romans, and whom they called the “ bell and greateff Jupiter Jupilir optimus mnximus. The figure of this Jupiter was reprefented in his chief temple on the Capitoline hill, as fitting on a curule chair ; with the fulmen or thunder, or raiher lighming in one hand, and a feeptre in the other. This fulmen in the figures of the old artills was al¬ ways adapted to the charafter under which they were to represent Jupiter. If his appearance was to be mild and calm, they gave him the comic fulmen or 3 E bundlfe / J U P [4 Jtipiter. bundle of flames wreathed clofe together, held down ' in his 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 fume exemplary execution, they put in his hand a handful of flames, all let loofe in their utmoft fury j and fometimes filled both his hands with flames. The fuperiority of Jupiter was principally manifefted in that air of majefty which the ancient artifls 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 $ 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 difturbed. The face of the one is pacific and ferene j 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 j 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 impetuoufiy by four horfes. Thus he is alfo defcribed by the poets. Ovid, Deian. Here. v. 28. j 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- eafions, 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 direct the rains, the thunders, and the lightnings. As the dif- penfer of rain, he w as called Jupiter Pluvius; under which chara&er he is exhibited feated in the clouds, holding up his right hand, or extending his arms al- moft in a flraight line each way, and pouring a flream of hail and rain from his right hand upon the earth j whilH the fulmen is held down in his left. The wings that are given him relate to his character of prefiding over the air : his hair and beard in the Antonine pil¬ lar are all fpread down by the rain, which defeends in a fheet from him, and falls for the refreihment of the Romans j whilfl 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 hiftory of Noah and his three fons j and that Saturn is Noah, who faw all mankind perilh 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 j 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 out 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 inHead of Ja¬ va ; and in medals we meet with Jovis in the nomina¬ tive, as well as-oblique cafes: for example, Jovis cuf- tos, Jovis propugnator, Jovis Jlator, To the name Jo- >2 ] j u R vis was added peter ; and afterwards, inHead of “ Jo¬ vis pater,” Jupiter was ufed by abbreviation. 1 he name Jupiter was not known to the Hebrews till the reign of Alexander the Great, and the kings his fuccefibrs. Antiochus Epiphanes commanded the idol of Jupiter Olympius to be placed in the temple at Jerufalem j 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 were taken for gods, becaufe they cured one who had been lame from his birth, and that by an expreflion only j St Paul was taken for Mercury, by reafon of his eloquence $ and St Barnabas for Jupiter (Adis xiv. 11. 12.), on account probably of his good mien. Jupiter, it, in AJlronomy, one of the fuperior pla¬ nets, remarkable for its brightnefs j 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 Weflern Iflands of Scotland, lying oppofite to Knapdalein Argylelhire, is fuppofed to be about 34 miles long and 10 broad. It is the moH rugged of all the Hebrides $ and is com- pofed chiefly of vail mountains, naked, and without 4 poflibility of cultivation. Some of the fouth and weH- ern fides only are improveable, and in good feafons as much bear and oats are raifed as will maintain the in¬ habitants j though by the diHillatipn, 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 illand j befides the berries of the naountain-afh, from which an acid for punch is obtained, and a kind of fpirit is alfo diflilled. Neceflity hath in- ftrufled the inhabitants in the ufe of native dyes. Thus the juice of the tops of heath boiled fupplies them with a yellow j the roots of the white water lily with a dark brown $ thofe of the yellow water iris with a black ; and ga/ium verum, ru of the ifianders, with a very fine red, not inferior t© madder. On the hills is fome paflure 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 j in 1805, the number of black cattle annually export¬ ed amounted to 500, which bring at an average 81. each ; and about 1000 flieep, which bring il. each 5 but goats are lefs numerous than formerly : about 100 horfes are alfo fold annually. The other animals of Ju¬ ra are about 100 Hags j 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 alfo Mr Pennant had fome obfeure account of a worm that, in a lefs perni¬ cious degree, refembles the FURIA ufernalis of Lin¬ naeus. The fllan, a little worm of Jura, fmall as thread, and not an inch in length, infinuates itfelf un¬ der the ikin, caufes a rednefs and great pain, flies fwift- ly from place to place 5 but is cured by a poultice of cheefe and honey. Of the mountains of Jura, thofe from their fhape called the paps, are the mofl remark¬ able. There are only three very large ones : the biggeH called Beinn-an-oir, or the mountain of gold^xtt, farthefl to the north •, the fecond is called Beinn-fjeunta, or the hallowed mountain ; and the third, Beinn-a-chaolois, or the mountain of the found, is the leafl of the three. Mr Pennant 4 J U R [ 4°3 J I V R Jura. Pennant afcended the firft with great labour and dif- ' ficulty. It is compofed of vaft (tones covered with mofs near the bafe ; but all above bare, and uncon- nefled with each other. The whole, he fays, Items a cairn, the work of the fons of Saturn. The grandeur of the profpeft from the top abundantly made amends for the fatigue of afcending the mountain. Jura itfelf afforded a ftupendous fcene of rock, varied with innu¬ merable little lakes. From the well fide of the hill ran a narrow ftripe of rock terminating in the lea, and cal¬ led the jlide of the old hag. To the fouth appeared Hay extended like a map beneath his feet j and beyond that the north of Ireland j to the eaft two other iflands, Cantyre, Arran, and the frith of Clyde bounded by Ayrffiirej an amazing trail of mountains to the north- eaft as far as Benlomond; Skarba finiftied the northern view \ and over the weftern ocean were fcattered 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- ilinilly, 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 $ 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 amethyftine colour. The other ftones of the ifland are, a cinereous flate, veined with red, and ufed here as a whetftone j a micaceous fandftone j and between the fmall ifles and Arfin, a micaceous quartzy rock-ftone. On the ■weft fide of the ifland there is an anchoring place called Whitfarian ; towards the north end is a bay called Da'1/ yau/; and on the fame coaft is formed another riding place for veflels among feveral fmall iflands. Between the north end of Jura and the fmall ifle of Skarba, there is a famous whirl¬ pool, called Cory Bhrecan, from Brecan fon to a king of Denmark, who periftied in this gulf. His body being call aftiore on the north fide of Jura, was buried in a cave, and his grave is ftill diftinguiihed by a tombftone and altar. In this vortex, which extends 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 pyramids, fpout up the water, with a great aoife, as high as the mart of a fmall veflel, agitated into fuch a foam as makes the fea appear white even at the diftance of two leagues. About half-flood the violence begins to de- creafe, and continues to do fo till about half an hour after high water : then it boils as before, till within an hour of low w-ater, when the fmalleft fiftiing boat may crofs it without danger. Jura is furnilhed with many rivulets and fprings of excellent water, and the air is remarkably healthy j 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 1 loo. 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 was living in Pennant’s time a woman of 80, who could run down a (beep. The inhabitants are all Proteftants, but addi61ed to fome fuperftitions. The parilh is fuppofed to be the largeft in Great Britain, and the duty the moft dan¬ gerous and troublefome : it confifts of Jura, Oranfay, Colonfay, Skarba, and feveral little ifles divided by narrow and dangerous founds j forming a length of not lefs than 60 miles 5 fupplied by only one minifter and an afliftant. The very old clans of Jura are the Mactlvuys and the Macraines; but it feems to have changed matters more than once. In 1549, Donald of Cantyre, Mac- guillayne of Doward, Macguillayne of Kinlochbuy, and Macduffie of Colonfay were the proprietors; Mac- lean of Mull had alfo a (hare in 1586. Mr Campbell of Jura, and Mr Macneil of Colonfay, are now' (1807) the only proprietors of this ifland ; but by far the greateft part belongs to the former. Jura is alfo 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 bifliopric of Bafle, ftretching into the canton of So- leure and the principality of Neuchatel, and branching out towards the Pays de Vaud ; feparating that coun¬ ty from Tranche Compte 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 na¬ med Mont Joux. It contains feveral populous villages, and is beautifully diverfified with wood, arable land, and pafture. It is watered by two lakes ; the largeft of which is that of Joux already mentioned. Thi> has one (hore of a high rock covered with wood ; the op- pofite banks forming a gentle afcent, fertile and well cultivated ; behind which is a ridge covered with pines, beech, and oak wood. The fmaller lake, named Bre- net, is bordered with fine corn fields and villages; and the ftream which iffues from it is loft in a gulf named Entonnoir, or the Tunnel, where the people have placed feveral mills which are turned by the force of the fall¬ ing current. The river Orbe iffues from the other fide of the mountain about two miles from this place ; and probably owes its origin to the fubterraneous ftream juft mentioned. The largeft lake is fupplied by a ri¬ vulet which iffues from the bottom of a rock, and lofe^ itfelf in it. The valley contains about 3000 inhabi¬ tants, remarkable for their induftry. Some are watch¬ makers ; but the greateft number employ themfelvesin polifhing cryftals, granites, and marcafites. The coun¬ try is much infefted with bears and wolves. In afcend¬ ing to this place there is a very extenfive profpeft 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. deLuc found the latter to be 159 feet above the level of the lake of Geneva. JURATS, Jurats, 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, 8tc.—So alfo Jerfey has a bailiff and twelve jurats, or fwom affiftants, to go¬ vern the ifland. IVREA, an ancient and ftreng town of Italy, in Piedmont, and capital of Canavez, with a ftrong fort, 3 E 2 n Jura 1) Ivrea. —-v—^ J U R liui. a bitlinp’s fee, the title of a marquifate, and an ancient caiur. it is iubjeCd to the king of Sardinia, and feat- ed .;n the river Doria between two hiiis, in E. Lonp. 7- 48. N. Lat. 45. 1 2. JUR1EU, Petkr, an eminent French Proteftant divine, called ironically by the Pap ids the Goliath of the Protedants, was born in 1637. was educated in England under his maternal uncle Peter du TVlou- Jin, and took orders in the Englilh church •, but re¬ turning to fucceed his father as pallor of a reformed congregation at Mer in the diocefe of Blois, he was made profeffor of divinity and Hebrew at Sedan, where he acquired great reputation. This univerfity being taken from the Proteflants, a profeflbrfhip of divinity was founded for him at Rotterdam j and he was alfo appointed minifter of the Walloon church in the fame town. Being now in a place of liberty, he gave full fence to an imagination naturally warm, and applied him felt to ftudy the book of Rovdation, of which he fancied he had by a kind of infpiration difeovered the true meaning •, a notion that led him to many enthulx- aflical conjectures. He was moreover fo unfortunate as to quarrel with his belt friends for oppofing his vi- fionary opinions, which produced violent difputes be¬ tween him and Meffrs Bayle and de Beauval. He died in 1713 ; and left a great number of efteemed works behind him. JURIN* Dr James, a dillinguilhed perfon, who cul¬ tivated medicine and mathematics with equal fuccefs. He was fecretary of the Royal Society in London, as well as prefident of the College or Phyficians there. He had great difputes with Michelotti upon the mo¬ ment of running waters, with Robins upon dillind vi- lion, and with the partizans of Leibnitz upon moving bodies. A treatife of his “ upon Vifion” is printed in Smhh’s “ Optics.” He died in 17^0. JURfSCONSUL 1 US (/b7«.r), among the Romans, w’as a perfon foamed in the law 5 a mafter of the Roman jurifprudence •, who was confulted on the inter¬ pretation of the laws and cuftoms, and on the diffi¬ cult points in law fuits. The fifteen books of the Di- geils wore compiled wholly from the anfwers or re¬ port^ of the ancient jurifeonfulti. Tribonianus, in deflroying the 2000 volumes from whence 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 thould fcarcely have known any thing beyond their' bare names, had not Pomponius, who lived in the fecond century, taken care to preferve fome circumftances of their office. 1 he Roman jurifconfulti feem to have been the fame with our chamber cnunfdlors, 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 hi >heft preferments. They then defpifed the ju ifconfulti, calling them in derifion fo'mularii and l%ulei, as having invented cer¬ tain fotms and monnfyllables, in order to give their anfwers the greater appearance of gravity and my ft cry. 3 r 404 i JUS Jus. Bat in procefs of time they became fo much efleemed, JurlfconfwL that they were called prudentes and fnpuntet, and the tus emperors appointed the judges to follow their advice. Auguftus advanced them to be public officers of the empire •, fo that they were no longer confined to the petty councils of private peTons.—Bern. Rutilius has written the lives ot the moil famous jmifeonfuki who have lived within thele 2000 years. J URISDICI ION, a power or authority which a man has to do juftice in cafes of complaint made before him. There are two kinds of jurifdiaion, the one «•- dejtajlical, the other fecit lar. Secular JURISDICTION belongs to the king and his juftices or delegates. The courts and judges at Weft- minfter have jurifdiaion all over England, and are not reftrained to any county or place j but all other courts are confined to their particular jurifdiaion, which if they exceed, whatever they do is erroneous. There are three forts of inferior juriidi&ians ; the firft is tenere placita, to hold pleas, and the plaintiff may foe either there or in the king’s courts. Another is the conu- lance of pleas, where a right is invetled in the lord of the branch lie to hold pleas 1 and he is the only perfon that can take advantage of it, by claiming his fran- chife. I he third lort is an exempt jurifdiaion, as where the king grants to fome city, that the inhabi¬ tants fhall be fued within their city, and not elfewhere y though there is no jurifdiaion that can withftand a cer¬ tiorari to the foperior courts. Ecclefiaflical JURISDICTION belongs to biffiops and their deputies. Biffiops, &c. have two kinds of jurifdiaion ; the one internal, which is exercifed over the confidence in thin vs Purely fpiritual ; and this they are iuppofed to hold im¬ mediately of God. 1 he other is contentious, which is a privilege fome princes have given them of terminating difputes be¬ tween ecclefiaftics and laymen. JURISPRUDENCE, the fcience of what is juft or unjuft ; or the knowledge of law's, rights, cuftoms, fta- tutes, &c. neceffary for the adminiftration 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 verdia contrary to evi¬ dence, willingly, is very fevere. JURY, a certain number of men fworn to inquire into and try a matter of faa, and to declare the truth upon foch evidence as ffiall appear before them. Juries are, in thefe kingdoms, the fopreme judges in all courts and in all caufes in which either the life, property, or reputation, of any man is concerned : this is the diftinguiffiing privilege of every Briton, and one of the moft glorious advantages of our conftitution 5 for as every one is tried by his peers, the meaneft lubjea is as fafe and as free as the greateft. See the article Trial. JURT Mafl, whatever is fet up in room of a maft that has been loft in a ftorm or an engagement, and to which a fo.ffer yard, ropes, and fails, are affixed. JUS CORON2E. See HereditartRight, and Suc¬ cession. Jus- jus r 405 i jus Jus Deliberandi, in Scots Law, tnat right which an heir has by law of deliberating for a certain time whether he will reprefent his predeceffor. Jus Devolutum, in Scots Laxv, the right of the church, of prefenting a miniiter to a vacant parifh, in cafe the patron fltall negledt to ufe that right within the time limited by law. Jus Mariti, in Scots Laxv, the right the hufband ac¬ quires to his wife’s moveable eilate, in virtue of the marriage. Jus ReliBa, in Scots Laxv, the right the wife has in the goods in communion, in cafe of the previous deceafe of the hufband. Jus Preventionis, in Scots Laxv, the preferable right of jurifdiftion acquired by a court, in any caule to which other courts are equally competent, by having exercifed the firit adt of jurifdiftion. jus Civile, amongft the Romans, fignified no more than the interpretation given by the learned, of the laws of the twelve tables, though the phrafe now ex¬ tends to the whole fyftem of the Roman laws. Jus Civitatis, fignifies freedom of the city of Rome, which-entitled thofe perfons who had obtained it to moil of the privileges of Roman citizens—yet it differs from Jus J^uiritum, which extends to all the advan¬ tages which a free native of Rome w’as entitled to— the'difference is much the fame as betwixt denvzation and naturalization with u . Jus Honorarium, was a name given to thofe Roman laws which were made up of edicts of the fupreme m..- giilrates, particularly the praetors. Jus Imnginis, was the right of ufing pictures and ffatues amongft the Romans, and had iome refemblance to the right of bearing a coat of arras amongft us. This honour was allowed to none but thole whofe an- ceftors or themfelves had borne feme curule office, that is, had been Curule JEdife, Cenfor, Praetor-, or Conful. The ufe of ftatues, &c. which the Jus l mag in is gave, was the exhibiting them in funeral procefftons, &e. See Image. Jus Papirianum, was the law' of Romulus, Numa, and other kings of R. ime, collected into a body by Sex- tu> Papirius, who lived in the time of Tarquin the Proud ; which accounts for the name. Jus Trium Liberorum, was a privilege granted to fuch perfons 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 , and thofe that lived in the provinces, pro¬ vided they had five (or as fome lay feven) children, were entitled to the lame immunities. This was good policy, and tended to the population of the empire. For a further account of thefe 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, Cahjcanthemcc. See Botany Index. JUST, a fportive kind of combat on horfeback, man again!! man, armed with lance1-.. The word is by fome derived from the French jou/le, of the Latin juxta, becaufe the combatants fought near one another Sal- mafiu.-. derives it from the modern Greek %ouJlra, or lather which is ufed in this fenle by Nicepho- rus Gregorius. Others derive it from juffia, which in the corrupt age of the Latin tongue was ufed for this *,u^ice exercife, by reafon it was fuppoied a more juft and equal combat than the tournament. The difference between jufts and tournaments con- fifts in this, that the latter is the genus, of which the former is only a fpecies. Tournaments included all kinds of military (ports and engagements made out of gallantry and diverfions: Jufts were thofe particu¬ lar combats where the parties w'ere near each other, and engaged with lance and fword. Add, that the tournament was frequently performed by a number of cavaliers, wffio 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 fomotimes- fingly, and independent of any tournament. See Tour¬ nament. He wffio appeared for the firft time at a juft, forfeit¬ ed his helm or cafque unlefs he had forfeited before at a tournament. JUSTICE, in a moral fenfe, is one of the four car¬ dinal virtues, which gives every perfon his due. Civilians diftinguifh juflice into two kinds : commu¬ nicative and dijlributive. The former eilablifhes fair dealing in the mutual commerce between man and man ; and includes fincerity in our difeourfe, and in¬ tegrity in our dealings. The effed! of fineerity 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 curcondudl. Dijlributive juftice is that by which the differences of mankind are decided, according to the rules of equi¬ ty. The former is the juftice of private individuals y the latter of princes and magiftrates. Fidelity and truth are the foundation of juftice. As to be perfectly 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 virtue are extrafled from various authors. 1. Among the feveral virtues of Ariftides, that for v'hich he was mofl 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 circumilances, and of mean extradfion, 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 wTar, preferring the vain honour of pomp¬ ous titles, which convey no other idea than violence and (laughter,, to the folid glory of thofe expreffive of goodnefs and virtue. How much Ariftides deferved the title given him, will appear in the following in- ftances *, though it ought to be obferved, that he ac¬ quired it not by one or two particular aftions, but by the whole tenor of his conduct. Themiftocles having conceived the defign of fup- planting the Lacedaemonians, 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- JUS [ 406 1 JUS Jgfhcc. thouglits continually fixed upon that great project; " and as he was not very nice or fcrupulous in the choice of his meafures, whatever tended towards the accom- plifhing of the end lie had in view he looked upon as juft and lawful. On a certain day then he declared in a full aflembly of the people, that he had a very important defign to propofe 5 but that he could not communicate it to the people, becaufe its fuccefs required it Ihould be carried on with the greateft fecrecy : he therefore defired they would appoint a perfon to whom he might explain himfelf upon the matter in queftion. Ariftides was unanimoufty fixed upon by the whole aflembly, who referred themfelves entirely to his opinion of the affair j 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 affem- bly, and only declared to them that indeed nothing could be more advantageous to the commonwealth than Themiftocles’s projeft, but that at the fame time no¬ thing in the world could be more unjuft. All the people unanimoully ordained that Themiftocles ftiould entirely defift from his projeft. There is not perhaps in all hiftory a fa& more wor¬ thy of admiration than this. It is not a company of philofophers (to whom it cofts nothing to eftablifti 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 j but the whole peo¬ ple wdio 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- je£t it with unanimous confent, and without a mo¬ ment’s hefitation ; and for this only reafon, that it is contrary to juftice. How black and perfidious, on the other hand, was the defign wdiich Themiftocles pro- pofed to them, of burning the fleet of their Grecian confederates at a time of entire peace, folely to aggran¬ dize the power of the Athenians ! Had he a hundred times the merit afcribed to him, this Angle action would be fufficient to fully all his glory j for it is the heart, that is to fay, integrity and probity, which con- ftitutes and diftinguilhes true merit. 2. 1 he government of Greece having pafled from Sparta to the Athenians, it was thought proper under this new government to lodge in the ifle of Delos the common treafure of Greece j 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 ftate, 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 dangerous a kind, the due adminiftration of which fo nearly concerned the public welfare. All the allies call their eyes on Anilides j accordingly they in veiled him with full powers, and appointed him to levy a tax on each of them, relying entirely on his wifdom and juftice. The citizens had no caufe to repent their Juftice. choice. He prefided over the treafury with the fideli- v""" v ■- ty and difintereftednefs of a man who looks upon it as a capital crime to embezzle the fmalleft portion of an¬ other’s poffeflions, w-ith the care and a£livity of a fa¬ ther of a family in the management of his own eftate and with the caution and integrity of a perfon who confiders the public money as facred. In fine, hfe 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 nobleft eulogium that can be given to fuch as adminifter public revenues. It is the exaft picture of Ariftides. He difcovered fo much probity and wifdom in the exercife of this office, that no man complained ; and thole times were confidered ever af¬ ter as the golden age j that is, the period in which Greece had attained the higheft pitch of virtue and happinefs. While he was treafurer-general of the republic, he made it appear that his predeceffors in that office had cheated the ftate of vaft fums of money, and among the rtft Themiftocles in particular j for this great man, with all his merit, was not irreproachable on that head; for which reafon, when Ariftides came to pafs his ac¬ count, Themiftocles raifed a mighty fadlion 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 judgment was reverfed and the fine remitted, but he was elefted treafurer again for the year enfuing. He then feemed to repent of his former adminiftration : and by fhowing himfelf more tra&able 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 infpe£led their accounts, all #iefe plunderers, grown fat with fpoil and rapine, now extolled Arifti¬ des to the Ikies. It would have been eafy for him, as wfe 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 ; efpeeially 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 mailer, 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 ele£lion 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 j and now that I have aban¬ doned it to the mercy of thefe robbers of the repub¬ lic, I am an admirable man and the bell of citizens! I cannot help declaring to you, that I am more alhamed of the honour you do me this day, than I was of the condemnation you pafled againft me this time twelve- months j and with grief I find that it is more glorious with JUS [ 407 ] JUS Juftice. with us to be complaifant to knaves than to fave the —v—^ treafures of the republic.” By this declaration he li- lenced the public plunderers and gained the efteem of all good men. 3. In the Univerfal Hiftory we meet with the fol¬ lowing remarkable inftance of a fcrupulous regard to juftice in a Perlian king named Noufchirvan. Having been out a hunting, and defirous of eating feme 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 how they had a&ed, ordered that they ftiould 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&s $ and if he fwerves in trifles, they will become diffolute. If I cannot make all my people juft in the fmalleft things, I can atleaft fhow them it is poftible to be fo.” Thefe examples, to which many more might be added, are highly pleafing to a fagacious and virtuous mind j 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 adtion by the gain which it produces, have always confidered juftice and utility as independent of each other. They put utility in the balance againft honefty every day; 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 arifes that deluge of iniquity which has overflowed the w'orld; from this preference of intereft to honefty proceed every unjuft litigation and every adt of violence. And yet nothing is more certain than that “ Whatever is unjuft muft, upon the whole, be difadvantageous $” which 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 j for whatever is unjuft is contrary to the Divine will: but it is not poflible that we (hould become hap¬ py by refilling that will 5 becaufe of this will our hap¬ pinefs is the immediate objedt. God is not a tyrant, proud of uncontroulable power, who impofes capricious laws only as tells of our obedience, and to make us feel the weight of his yoke $ all his precepts are leflbns which teach us how to be happy. But it is the will of God that we Ihould be juft j from whence it fol¬ lows, that no true happinefs can be acquired by thofe who are unjuft. An adlion, therefore, which is con¬ trary to the will of God, muft be inconfiftent with our true intereft j and confequently, fo far from being ufeful or expedient, it muft inevitably produce ruin and mifery. Injuftice fometimes meets with the p»- Juftice. nilhment it deferves in this world $ but if it Ihould efcape here, it does not fellow 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 neceflary to have recourfe to the in¬ nate principles of juftice j to fufpend the balance and difplay the fword, for the determination of differences and the punilhment of guilt. This is the reafon and origin of diftributive juftice, which became the necef- fary appendage of fovereignty. Accordingly, in an¬ cient times, princes adminiftered juftice in perfon and without delay $ but at length being embarralfed and oppreffed 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 law s were eftabliftied with great folemnity to adjuft and determine the differences which might arife among the members of the fame community, and to re- prefs the infolence of thofe who dared to violate the pu¬ blic peace, by poffelling them with the dread either of corporeal punifhment or infamy. The execution of thefe laws was put into the hands of fubordinate judges. Thefe delegates of the fovereign power were called ma- giftrates ; 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 betw-een 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 caufe 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 fhould 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 toconfer a favour upon him y which if complied with wrould be an ae dilferences happening between the barons and other great men. He had the prerogative of being viceregent of the kingdom whenever the king went beyond fea, and was ufually chofen to that office out of the prime nobility j but his power was redu¬ ced by King Richard L and King Edward I. His office is now divided, and his title changed from capi- tolis Jlnglice jvjiitiarius, to capitahs jujlitiarius ad pia- cita coram rege tenenda, or capitalis jujiitiarius band regu. Chief JUSTICE cf the Common P/eas, he who with his affiftants hears and determines all caufes at the common law; that is to fay, all civil caufes between com¬ mon perfons, as well perfonal as real j and he is alfo a lord by his office. JUSTICE of the For eft, is a lord by his office, who has power and authority to determine offences commit- ed in the king’s forefts, &c. which are not to be de¬ termined by any other court of juftice. Of thefe there are two ; whereof one has jurifdifffion 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 fome perfon of great diftinction. The court where this juftice fits, is called \\\q jitjhce feat of the f- 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 ariiing. This court may fine and imprifon 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 1688, the foreft laws have fallen into total difufe, to the great advantage of the fubjedt. This is the only juftice who may appoint a deputy : lie is alfo ctlWcA juftice in eyre of the joreft. JUSTICES of dffvze, were fuch as were wont by fpe- cial commiffion to be font into this or that county to take affizes for the eafe of the fubjedts. For, whereas thefe adtions pafs always by jury, fo many men might not without great damage and charge be brought up to London 5 and therefore juftices, for this purpofe, by commiffions particularly authorized, were lent 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 ; for they have one commiffion to take affizes, another to deliver gaols, and another pf 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 eife are liable to a fine 5 in order to return recogni¬ zances, &e. and to affift the judges in fuch matters as lie within their knowledge and jurifdidtion, and in which fome of them have been probably concerned, by way of previous examination. See Assizes and .1 UR Y. JUSTICES in Eyre, (jufitiarii itinerantes, or trran. Juftice; tesft, were thofe who were anciently lent with commif- fion into divers counties to hear fuch caufes efpecially as were termed pleas of the crown ; and that for the eafe of the fubjedt, who muft elfe have been hurried to the courts of Weftminfter, if the caufes were too high for the county courts. According to fome, thefe juftices were lent once in feven years •, but others fuppofe that they Mere fent oftener. Camden fays, they were inftituted in the reign of King Henry 'll. A. D. 1184,5 but they appear to be of an older date. 'ihey were fomewhat like our juftices of affize at this day, though for authority and manner of proceed¬ ing very different. JUSTICES of Gaol-Delivery, thofe commiffioned to hear and determine eaufes appertaining to fuch as for any offence are call into prifon. Juftices of gaol-de¬ livery are empowered by the common law to proceed upon indidments of felony, trefpafs, &e. and to order execution or reprieve 5 and they have power to dif- charge fuch prifoners as upon their trials lhall be ac¬ quitted 5 alfo all fuch againft nhom, on proclamation made, no evidence appears to indid 5 which juftices ot oyer and terminer, &c. may not do. 2 Hawk. 24, 25. But thefe juftiees having nothing to do with any perfen not in the cuftody of the prifon, except in fome ipecial cafes 5 as if fome of the accomplices to a felo¬ ny may be in fuch prifon and fome of them out of it, the juftices may receive an appeal againft thofe who are out of the prifon as veil as thole who are in it 5. which appeal, after the trial of luch prifoners, Ihail be removed into B. R. and procefs iffue from them againft; the reft. But if thofe out of prifon be omitted in the appeal, they can never be put into any other 5 becaufe there can be but one appeal for the felony. In this way the gaols are cleared, and all offenders tried, pu- nifhed, or delivered, in every year.—Their commillion is turned over to the juftices of affize. JUSTICES of Nift Prius, are now the fame with juf¬ tices oj ajjize. It is a common adjournment of a eaufe in the common pleas to put it oft' to fueh a day, Niji prius juficiariivenerint ad cas partes ad capiendo s afjizas: from which claufe of adjournment they are cal led jufii- ces of nift prius, as well as juftices of affize, on account of writ and adions they have to deal in. JUSTICES of Oyer and Terminer, M ere juftices depu¬ ted on fome fpecial occafions to hear and determine par¬ ticular caufes.—The commiffion of oyer and terminer is direded to certain perfons, upon any infurredion, heinous demeanour, or trefpafs committed, vho mult firft inquire, by means of the grand jury or inqueft, 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 M'here he v as borti or inhabited 5 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 v.ithin any county of England. JUSTICES of the Peace are perfons of intereft and credit, appointed by the king’s commiffion to keep the peace of the county M'here they live. Of thefe fome for fpecial relpcd are made of the quorum, fo as no bulinefs- of importance may be de- 1 patched J U S [ Ati } JUS fpatclied without the prefence or afloat of them or one of them. Every jultice of peace has a fepa- rate power, and his office is to call before him, examine, ifiue warrants for apprehending, and commit to prifon all thieves, murderers, wandering rogues j thofe that hold confpiracies, riots, and almoft all delin¬ quents which may occaflon the breach of the peace and quiet of the fubjeft ; 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 ah 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 jultiee may commit a perfon that doth a felony in his own view without a warrant •, but if on the information of ano¬ ther, he mult make a warrant under hand and feal for that purpofe. If complaint and oath be made before a juftice of goods ftolen, and the informer, fufpefting that they are in a particular houfe, fhows the caufe of his fufpicion, the jultice may grant a warrant to the conftable, &c. to fearch in the place fufpedted, to feize the goods and perfon in whofe cultody 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. Jultices 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 juftice hath a dif- cretionary power of binding to the good behaviour ; 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 mifchief 5 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 juftices in the coun¬ ty not to take fecurity • and alfo by giving furety of the peace to any other juftice. If one make an affault upon a juftice of peace, he may apprehend the offend¬ er, and commit him to gaol till he finds fureties for the peace ; and a juftice may record a forcible entry on his own poffeffion j in other cafes he cannot judge in'his own caufe. Contempts againft juftices are pu- niflrable by indi&ment and fine at the feffions. Juf¬ tices ihall not be regularly puniffied for any thing done by them in feffion as judges-, and if a juftice be tried for any thin'y done in his office, he may plead the ge¬ neral iffue, and give the fpecial matter in evidence $ and if a verdift is given for nim, or if the plaintiff be nonfuit, he ftiall have double cofts; and fuch adtion ihali 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 mifdemeanour in office, informa¬ tion lies againft them in the king’s bench, where they fhall be puniffied by fine and imprifonment \ and all perfons who recover a verdict againft a juftice for any wilful or malicious injury, are entitled to double cofts. By 24 Geo. II. cap. 44. no writ ffiall be fued out againft any juftice of peace, for any thing done by him in the execution of his office, until notice in writing ffiall be delivered to him one month before the fuing out of the fame, containing the caufe of action, See. within which month be may tender amends j and if the tender be found fufficient, he (hall have a verdict, hi!t &c. Nor ffiall any action be brought againft a juf- tice for any thing done in the execution of his office, unlefs commenced within fix months after the a£t corn*- mitted. A juftice is to exercife his authority only withinjhev county where he is appointed by his commiffion, not. in any city which is a county of itfelf, or town corporate, having their proper juftices, &c. but in other town:, and liberties he may. The power and office of juftices terminates in fix months after the demife of the crown, by an exprefs writ of difeharge under the great feal, by writ of fuperfedeas, by a new commiffion, and by ac- ceffion of the office of ffieriff or coroner. The original of juftices of the peace is referred to the fourth year of Edward III. They were firft called confervators or wardens of the peace, elected by the county upon a writ diredted to the ffieriff: but the power of appointing them was transferred by ftatutes from the people to the king -, and under this appella¬ tion appointed by 1 Edward III. cap. 16. Afterwards the ftatute 34 Edw* III. cap. 1. gave them the power of trying felonies, and then they acquired the appella¬ tion of jujlice. 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 fliall think fit in ^very county in England and Wales, though they are generally made at the diferetion of the lord chancellor, by the king’s leave. At firft the number of juftices was not above two or three in a county, 18 Edw. III. cap* 2. Then it w as provided by 34 Edw. III. cap. r. that one lord, and three or four of the moft worthy men in the county, with fome learned in the law, ffiould be made juftices in every county. The number was afterwards reftrained firft to fix and then to eight, in every county, by I 2 Ric. II. cap. 10. and 14 Ric. II. cap. 11. But their number has greatly increafed fince their firft inftitution* As to their qualifications, the ftatutes juft cited direct them to be of the belt repu¬ tation and moft; worthy men in the county ; and the ftatute 13 Ric. II. cap. 7. orders them to be of the moft fuffieient. knights, efquires, and gentlemen of the law; and by the 2 Hen. V. flat. I* cap. 4. and flat. 2. cap. 1. they muft be reftdent in their feveral coun¬ ties. And by 18 Hen. VI. cap. it. no juftice was to be put in commiffion, if he had not lands to the value of 20I. per annum* It is now enacted by 5 Gv-o. II. cap. ii* that every juftice ffiall have i~el per mum, clear of all deduftions ; of which he mull . v* e oath by 18 Geo. II. cap. 20. And if he a6is without fuch qualification, he (hall forfeit look It is a Mb provided by 5 Geo. II. that no pradtifing attorney, folicitor, or proftor, ffiall be capable of adling as a juftice of the peace* Justices of the Peace within Liberties, are juftices of the peace who have the fame authority in cities or 0- ther 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 vidtuals, &c. Juftices of cities and corporations Eire not within the qualification adl, 5 Geo. II. cap. 18. Fountain of JUSTICE, one of the charadlers or attri¬ butes of the king. See Prerogative. By the fountain of juftice the law does not mean the ' 3 F 2 author t JUS [41 luftlce. author or original, but only the difiribulor. Juftice is “'■'V—""' not derived from the king as from his free gift ; but he is the fteward of the public, to diipenfe it to whom it is due. He is not the ipring, but the refervoir, from whence right and equity are conduced, by a thoufand channels, to every individual. The original power of judicature, by the fundamental principles of fociety, is lodged in the fociety at large : but as it would be impracticable to render complete juftice to each indivi¬ dual, by the people in their collective capacity, there¬ fore every nation has committed that power to certain feleCt magiftrates who with more eafe and expedition can hear and determine complaints : and in England this authority has immemorially been exercifed by the king or his fubftitutes. Pie therefore has alone the right of erefting courts of judicature : for though the conftitution of the kingdom hath intrufted him with the whole executive power of the laws, it is impoflible, as well as improper, that he Ihould perfonally carry into execution this great and extenfive truft: it is confe- quently neceflary that courts fhould be ereCted, toaflift him in executing this power ; and equally neceffary, that, if ereCted, they Ihould be ere&ed by his authority. And hence it is that all jurifdiftions of courts are either mediately 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 of¬ ficers. 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 have delegated their whole judicial power to the judges of their feveral courts 5 which are the grand depofitory of the fundamental laws of the kingdom, and have gain¬ ed a known and ftated jurifdiclion, regulated by cer¬ tain and eftablifhed rules, which the crown itfelf can¬ not now 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 enafted by the flat. 13 W. III. c. 2. that their commiflions fhall be made, not, as formerly, durante beneplacito, but quamdiu bene fe gefferint, and their falaries afcertained and efta- blilhed} but that it may be lawful to remove them on the addrefs of both houfes of parliament. And new, by the noble improvements of that law in the ftatute of 2 Geo. III. c. 23. enafted 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 *, his majerty hav¬ ing been pleafed to declare, that he looked upon the independence and uprightnefs of the judges, as elfential to the impartial adminiftration of juftice •, as one of the feeft fecurities of the rights and liberties of his fubjefts 5 and as moft conducive to the honour of the crown.” In criminal proceedings or profecutions for offen¬ ces, it would ftill be a higher abfurdity, if the king perfonally fat in judgment} becaufe, in regard to thefe, he appears in another capacity, that of profecutor. All offences are either againft the king’s peace, or his crown and dignity j and are fo laid in every indift- a 2. ] JUS ment. hoV tHough in their confequences they gene- Juftrce. rally feem (except in the cafe of treafon and a very few others) to be rather offences againft the kingdom than the king j yet, as the public, which is an inviiible bo¬ dy, has delegated all its power and rights, with regard to the execution of the laAvs, to one vifible magiftrate, all affronts to that power, and breaches of thofe rights are immediately offences againft him, to whom they are fo delegated by the public. He is therefore the proper perfon to profecute for all public offences and breaches of the peace, being the perlon injured in the eye of the law. And this notion was carried fo far in the old Gothic conftitution (wherein the king was bound by his coronation oath to conferve the peace), that in cafe of any forcible injury offered to the perfon of a fellow fubjeft, the offender was accufed of a kind of perjury, in having violated the king’s coronation oath } dicebatur fregijfe juramentum regis ju r a turn. And hence alfo arifes another branch of the prerogative, that pardoning offences j for it is reafonable that he only who is injured fhould have the power of forgiving. See Pardon. In this diftinft and feparate exiftenee of the judicial- power in a peculiar body of men, nominated indeed, but not removable at pleafure, by the crown, confifts one main prelervative of the public liberty ; which can¬ not fubfift long in any ftate, unlefs- the adminiftration of common juftice be in fome degree feparated both from the legiflative and alfo fromihe executive power. Were it joined with the legiflative, the life, liberty, and property of the fubjeft would be in the hands of arbi¬ trary judges, whofe decifions would be then regulated only by their own opinions, and not by any fundamen¬ tal principles of law, which, though legiflators may de¬ part from, yet judges are bound to obferve. Were it joined with the executive, this union might foonbe an overbalance for the legiflative. For which reafon, by the ftatute of 16 Car. I. c. 10. which abolifhed the. court of ftar-chamber, effeftual care is taken to remove all judicial power out of the hands of the king’s privy- council who, as then was evident from recent inftances, might foon be inclined to pronounce that for law which was moft agreeable to the prince or his officers. No¬ thing therefore is more to be avoided in a free confti¬ tution, than uniting the provinces of a judge and a rni- nifter of ftate. And indeed, that the abiolute power, claimed and exercifed in a neighbouring nation, is more tolerable than that of the eaftern empires, is in a great meafure owing to their having veiled the judicial power in their parliaments ; a body feparate and diftinft from both the legiflative and executive : and if ever that nation recovers its former liberty, it will owe it to the ' efforts 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 afpeft. A confequence 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 diftribute juftice. His judges are the mirror by which the king’s image is reflefted. It is the regal office, and not the royal perfon, that is always prefent in court, always ready to undertake profecutions, or pronounce judgment, for the benefit and proteftion of the fubjeft. And from this ubiquity it follows, that the JUS [ 413 ] JUS Juitin. juflice the ^ing can never be nonfuit 5 for a non fait is the defertion of the fuit or aftion by the non-appearanee , ®f the plaintiff in court. For the fame reafon alfo in the forms of legal proceedings, the king is not faid to appear by his attorney, as other men do •, for he al¬ ways appears, in contemplation of law, in his own pro¬ per perfon. From the fame original, of the king’s being the fountain of juftice, we may alfo deduce the prerogative of ifl'uing proclamations, which is veiled in the king alone. See Proclamation. Justice Seat. See Fobest Courts. JUSTICIA, Malabar Nut , a genus of plants^ belonging to the diandria clafs } and in the natural method ranking under the 40th order, Ferfonata:. See Botany Index. JUSTICIAR, in the old Englilh laws, an officer inftituted by William the Conqueror, as the chief of¬ ficer of Hate, who principally determined in all cafes, civil and criminal. He was called in Latin Capitalis jujiicianus totius Anglia:„ For Justiciar in Scotland, fee Law Index. JUSTICIARY, or Court of Justiciary, in Scotland. See Law Index. JUSTIFICATION, in Law, fignifies a maintain¬ ing or Ihowing a fufficient reafon in court why the de¬ fendant did what he is called to anfwer. Pleas in juftification mull fet forth fome fpecial matter : .thu^ on being fued for a trefpals, a perfon 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 j and in an affault, that he did it out of neceffity. Justification, in Theology, that adl of grace which renders a man juft in the fight of God, and worthy of eternal happinefs. See Ihlology. Different feels of Chriftians hold very different opi¬ nions concerning the dodlrine of juftification •, fome contending for juftincation by faith alone, and others 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 ele¬ gant Latin, an abridgement of the hiftory of Trogus Pompeius •, comprehending the actions of almoft all nations, from Ninus the founder of the Affyrian empire to the emperor Auguftus. Hie original work, to the regret of the learned, is loft : this abridgement, being written in a polite and elegant ftyle, was probably the reafon why that age negledled the original. The bell editions of Juftin are,, ad uftim Delphmi in qto} and cum notis variorum et Gronovh, in 8vo. Justin, St, commonly called Jujhn Martyr, one of the earlieft and moft learned writers of the eaftern church, wras born at Neapolis, the ancient Sechem of Paleftine. 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 tra¬ velled to Egypt, and followed the feft of Plato. But one day walking by the fea fide wrapt in contemplation, he was met by a grave perfon, of a venerable afpedl ; who, falling into difeourfe with him, turned the conver- fation by degrees from the excellence of Platonifm to the fuperior perfection of Chriftianity j and xeafor.ed fo Judin well, as to raife in him an ardent curiofity to inquire into the merits of that religion 5 in confequence of which iani- inquiry he was converted about the year 132. On his . ^1 embracing that religion, he quitted neither the profef- fion nor the habit of a philofopher j but a perfecution breaking out under Antoninus, he compofed An Apology, for the ChriJHans; and afterwards prefented another to the emperor Marcus Aurelius, in which he vindicated the innocence and holinefs of the Chrilhan religion a- gainft Crefcens a. Cynic philofopher, and other calum¬ niators. He did honour to Chriftianity by his learning and the purity of his manners 5 and fuffered martyrdom in 167. Befides his two Apologies, there are ftill ex¬ tant his Dialogue with Trypho, a Jewj two treatifes ad- dreffed to the Gentiles, and another on the unity of God, Other w'orks are alfo aferibed to him. dhe belt editions of St Juftin are thofe of Robert Stephens, in 1551 and 1371, in Greek and Latin j. that of Morel, in Greek and Latin, in 1656; and that of Don Prudentius Ma- randus, a learned Benedictine, in 1742* in folio. JUSTINIAN I. fon of Juftin the elder,, was made Csefar and Auguftus in 527, and foon after emperor. He conquered the Perfians by Belifarius his general, and exterminated the Vandals j regained Africa } fub- dued the Goths in Italy j defeated the Moors j and re- ftored the Roman empire to its primitive glory. See (Hiftory of) CONSTANTINOPLE, No. 93—97 3 an^ Italy, No. 12, &c. ^ _ The empire being now in the full enjoyment of a profound peace and tranquillity, Juftinian made the beft ufe of it, by coliefling the immenfe variety and number of the Roman laws into one body. To this end he felefted ten of the moft able lawyers in the em¬ pire ; who, revifing the Gregorian, 1 heodofian, and Hermogenian codes, compiled one body, called Codex Juflinianus. This may be called the Jlatute law, as confifting of the referipts of the emperors. But the reduflion of the other part was a much more difficult talk : it was made up of the. decifions of the judges and other magiftrates, together with the authoritative opinions of the moft; eminent lawyers, all which lay Mat¬ tered, without any order, in no lefs than 2000 volumes and upwards. Thefe w^ere reduced to the number of 50 ; but ten years were fpent in. the reduflion. The defign was completed in the year-553, and the name of Digejls or Pandells given to it. Befides thefe, for the ufe chiefiy of young ftudents in the law, and to facilitate that ftudy, Juftinian ordered four books of inftitutes to be drawn up, containing an abftraft or abridgement of the text of all the lawsj and laftlyq the laws of modern date, pofterior to that of the former, were thrown into one volume in the year 541, called the Novella, 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 Sanfla Sophia at'. Conftantinople, which is efteemed a mafterpiece of ar- chiteflure. JUSTINIANI, St 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. He was beatified by Clement VII. in 1 524, and he was canon¬ ized by Alexander VIII. in 1690. Justiniani, Jufliniani II Juvenal. J u v r 414 ] JuSTlNIAKl, Bernard, was born nt Venice in 1408* tafte of the He obtained the fenators robe at the age of 19, ferved _ the republic in feveral embaflies, and was elefted 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, Justiniani, Augujlin, bishop of Nebbio, one of the moft learned men of his time, was defcended from a branch of the fame noble family w ith the two foregoing; and wras born at Genoa in 1480. He affifted 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 ; and learning and piety flourilhed in his diocefe. He perifhed at fea in his paffage from Genoa to Nebbio, in 1536. He compofed feveral pieces j the moft confiderable of which is Bfalterium llebrceum, Greecum, Arabicum, et Chal- deum, cum tribus Latinis interpretationibus et glojjis. This w'as the firft pfalter of the kind printed j and there is alfo aferibed to the fame prelate a tranflation of Maimonides’s More Nevochim. 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 perfeftly true, and pertinent to the fubjeft. Juftnefs of language confifts in ufing proper and well chofen terms j in not faying either too much or too little. M. de Mere, who has written on juft¬ nefs of mind, diftinguifhes two kinds of juftnefs 5 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 fhew the beauty and exaftnefs in the turn or choice of a thought j the latter confifts in the juft relations which things have to one another. 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 Flolftein, and is furrounded on the ether 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, which 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 turn 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 called the duke of Holflein Gottorp, JUVENAL, Decius Junius, the celebrated Ro¬ man fatirift, was born about the beginning of the em¬ peror Claudius’s reign, at Aquiuum in Campania. His father was probably a freed man, who being rich, gave him a liberal education, and, agreeably "to' the Juxon. J U X imes bred him up to eloquencey in which Juvcfial he made a great progrefs, firft under Fronto the gram¬ marian, and. afterwards, as is generally conjectured, under Quintilian ; after which he attended the bar, and made a diftinguiftied figure there for many year's by his eloquence. In the practice of this profefliop he had improved his fortune and intereft at Rome be¬ fore he turned his thoughts to poetry, the very ftyla of which, in his fatires, Ipeaks a long habit of decla¬ mation} redolent declaniatorem, fay the cri¬ tics. It is fard he was above 40 years of age when hq recited his firft eflay to a fmall audience of his friends j but being encouraged by their applaufe, he ventured a greater puolication j which 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 j who fent him thereupon into baniftnuent, under pretence of giving him the command of a cohort in the army, which was quartered at Pentapolis, a city upon the frontiers of Egypt and Libya. After Domitian’s death, our fatirift returned to Rome, fufhciently cautioned not only againft attack- mg the characters of thofe in power, under arbitrary princes, but againft all perfonal reflections upon the great men then living j and therefore he thus wifely concludes tire debate he is fuppofed to have maintain¬ ed for a while with a friend on this head, in the firft fatire, which feetns to be the firft he wrote after his baniftiment : Ettperiar quid concedatur in illos Quorum Elaminia tegitur cinis aique Latina. u 1 will try what liberties I may be allowed with thofe whofe alhes 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 Adiian in 128. There are ftill extant 16 of his fat ire.y, in which he difeovers great wit, ftrength, and keenne-fs, in his language : but his ftyle is not per¬ fectly natural j and the obfeenities with which theft; fatires are filled render the reading of them dange¬ rous to youth. JUVENCUS, Caius Vecticus Aquilinus, one of the firft of the Chriftian poets, was born of an illuf- trious 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 clofe- ly the text of the evattgelifts : but his verfes are writ¬ ten in a bad tafte and in bad Latin. JUVENTAS, in Mythology, the goddefs who pre- fided over youth among the Romans. This goddefs was long honoured in the Capitol, where Servius Tul¬ lius ereCted her flatue. Near the chapel of Minerva there wras the altar of Juventas, and upon this altar a picture of Proferpine. The Greeks called the god¬ defs of youth Hebe', but it has been generally fiip- pofed that this was not the fame with the Roman Ju- tyentas. JUXON, Dr William, archbifhop of Canterbury, was born at Chichefter in 1682. He was educated at Merchant Taylors fchool, and from thence defied into St John’s college, Oxford, of which he became prefi- dent. King Charles I. made him biihop of London ; and in 1635 promoted him to the poft of lord high treafurer Juxon J U X [4 Jiixon. treafurer of England. The whole nation, and efpeci- —r*— ally the nobility, were greatly offended at this high office being given to a clergyman •, but he behaved fo well in the adminiftration, as foon put a flop to all the clamour raifed againft him. This place he held no longer than the 17th of May 1641, when he prudently refigned the ttaff to avoid the ftarm which then threat¬ ened the court and the clergy. In the following Fe¬ bruary an act paffed, depriving the bifnops of their votes in parliament, and incapacitating them from any temporal jurifdiftion. In thefe leading fteps, as well as the total abolition of the epifeopal order which fol¬ lowed he vras involved with his brethren^ but neither as a bifhop nor as treafurer was a tingle accufation brought againft him in the long parliament. During the civil wars he relided at his palace at Fulham, where his meek, inoffenftve, and affable manners, notwithftanding his remaining Heady in his loyalty to the king, procured him the vifits of the principal perfons of the oppofite party, and refpedl from all. In 1648 he attended his majefty at the treaty in the ifle of Wight j and by his particular defire, waited upon him at Cotton-houfe Weftm'infter, the day af¬ ter the commencement of his trial j during which he frequently vifited him in the office of a fpiritual fa¬ ther •, and his majefty declared he was the greateft comfort to him in that afflidtive fituation. He like- v.dfe attended his majefty on the fcaffold, where the king, taking off his cloak and george, gave him the latter : after the execution, our pious biffiop took care of the bodyq which he accompanied to the royal cha¬ pel at Windfor, and flood ready with the common- prayer book in his hands to perform the laft ceremony for the king •, but was prevented by Colonel Which- eot, governor-of the caftle. He continued in the quiet poffeffion of Fulham palace till the enfuing year 1649, when he was deprived, having been fpared longer than any of his brethren. Fie then retired to his own eftate in Gloucefterlhire, where he lived in privacy till the Reftoration, when he wras prefented to the fee is 1 . J Y N of Canterbury j and in the little time he enjoyed it, expended in buildings and reparations at Lambeth palace and Croydon houfe near 15,000!. He died in u 1663; having bequeathed 7000I. to St John’s col¬ lege, and to other charitable ufes near 5000I. He publifhed a lermon on Luke xviii. 31. and Some Con- liderations upon the A61 of Uniformity. JUXTAPOSITION, is ufed by philofophers to denote that fpecies of growth which is performed by the appofition of new matter to the furface or outfide of old. In which fenfe it Hands oppofed to intus-, fufeeption; wffiere 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, Enfatce. 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 cuftomary 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 flung 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 refemblance of the goddels, upon which Ixion begat the centaurs : but boafting of his happi- nefs, Jove hurled him down to Tartarus, where he lies fixed on a wheel encompaffed wfith ferpents, which, turns w ithout ceafing. IXORA, a genus of plants belonging to the tetran- dria clafs \ and in the natural method ranking under the 47th order, Steliaice. JYNX, a genus of birds belonging to the order of pic*. See Ornithology Index. KThe tenth letter, and feventh confonant of our 3 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 f, or qu: and it is ufed for the moft part only before e, .% and /?, in the beginning of words j as ien, kill, know, &c. It uftd formerly to be always joined with c at the end of words, but is at prefent very properly omit¬ ted, at leaft in words derived from the Latin : thus, for pub lick, mufick, &c. we Jay public,mu/w, &c. How¬ ever in monofyllables, it is ftill retained, zsjack, block, mock, &c. K is borrowed from the Greek kappa $ and was but little ufed among the Latins : Prilcian looked on it as a fuperlluous letter; and fays it was never to be ufed except in words 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 haler.da-, where it fometimes ftands in lieu of a c.—Carthage, however, is frequently fpelt on medals with a A'j 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 Konjiantinus; and on the Greek medals he will have it to fignify KOIAH ETPI A, “ Coelefyria.” Quintilian tells us, that in his time feme people had a 'K Kabobi- quas. K A B [416 a rniftaken 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 obferves, that K was a ftigma anciently marked on the foreheads of criminals with a red-hot ] K A J iron. The letter K has various fignifications in old char¬ ters and diplomas 5 for inifanee KR. Hood for c/10- rus ; KR. C. for ear a civitas; KRM. for carmen; KR* AM. N. for earns amicus nq/ier; KS. chaos; KT. capita totifus, &c. The French never ufe the letter k excepting in a few terms of art and proper names borrowed from other countries. Ablancourt, in his dialogue of the letters, brings in k complaining, that he has been often in a fair way to be banifhed out of the French alphabet, 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 tenebil. When it had a ftroke .at top, K, it Hood for 2 50,000, K on the French coinage denotes money coined at Bourdeaux. KAARTi\, a kingdom in Africa, through which Mr Park paffed from the Gambia to the Niger. Ac¬ cording to him the country confilts of fandy plains and rocky hills, the level part of it being the moft exten- five. It is inhabited by Negroes, many of whom retain all their ancient fuperftitions, although converted to the religion of Mahomet. White men, he informs us, are Grangers in the kingdom of Kaarta j and Mr Park’s appearance had nearly the fame effett upon them w hich 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 protect 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 Chriitianity be introduced into Africa. Kemmoo, the metropolis of this kingdom, lies in N. Lat. 14. 15. W. Long. 7. 20. KAAT’s BA AN, a town of New York, on the -weft bank of Hudfon’s river, feven miles fouth of Kaat’s Kill. KAAT’S-KILL, a townfhip of New York, on the weft bank of Hudfon’s river ; five miles fouth of Hud- fon city,^ and 125 north of New York. It contained $645 citizens in 1795, of whom 345 were ele&ors and 305 Haves. 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 aftonifhed them, and they fuppofed that his whole body was co¬ hered with hair. The children were greatly alarmed, but prefents of fugarcandy foon reconciled them. The chief fhowed him every mark of refpeft, whom he re prefents as a majeftic figure, with a long mantle made Kabobf- of.our jackal fkins, I he hair of the people is very T*139 fhort, curled, and ornamented with fmall copper but- Jf tons. Although they go almoft naked, the females , KaJuag^ are remarkably chafte, and very referved. Their only ornaments arfe glafs beads* M.* Vaillant aflures us that he never faw a nation fo difinterefted, as they vied with each other in generofity. Many of them gave away gratuitoully, and'without receiving any thing in return, part of their herds and flocks. They are alfo of .a courageous and martial chara&er, making ufe of poifoned arrows and lances with long points. They are extremely obedient to their chief, whofe will is a law. . They believe in a fupreme being who governs all things, and who exifts far beyond the ftars. They have no idea of a future exiftence, or of rewards and punifhments, and have neither worfhip, facrifices, ce¬ remonies, nor priefts. Their country lies between Long. 16. 25. and 19. 25. eaft of Paris, and between 22° and 250 S. Lat. KAHESH, Kadesh-barnea, or En-mishpat, in Ancient Geography, a city celebrated for feveral events. At Kadefh, Miriam the After of Mofes died, (Numb* XX.. 1.) Here it was that Mofes and Aaron, ftiowing a diftruft in God’s power ivhen they fmote the rock at the waters of ftrife, were condemned to die, without the confolation of entering the promifed land (Numb* xxvii.. 14.) The king of Kadelh was one of the prin¬ ces killed by Joftma (xii. 22.) This city was given to the tribe of Judah, and was fituated about eight leagues from Hebron to the fouth. Mr Wells is of opinion, that this Kadefh which ■was fituated in the wildernefs of Zin, was a, differ¬ ent place from Kadefh-barnea in the wildernefs of Paran. KADMONzEI, or CaDMONvEi, in Ancient Geo¬ graphy, a people of Paleffine, faid to dwell at the foot of Mount Hermon 5 which lies eaft:, and is the reafon of the appellation, with refpeft to Libanus, Phoenicia, and the northern parts of Palefline. Called alfo Hevcci (Mofes.) EiEMPbERIA, Zedoary, a genus of plants be¬ longing to the monandria clafs 5 and in the natural method ranking under the 8th order, dcitamineeC. See Botany Index. KAJUAGA, a kingdom of Africa, bounded on the fouth-eaft and fouth by Bambouk j on the weft by Bondon and Foota Terra j 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 5 the face of the country is pleafingly diverfified with hills and valleys, and the windings of the river Se¬ negal make the feenery on its banks extremely beau¬ tiful. The inhabitants are called Serawoollies, who have a jet black complexion, in which refpeft 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 there¬ fore is not fo harmonious as that which is fpoken by the Foulahs-, 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 [ Kajaaga terlng from Pifania, furrounded by a bigh wall, and is K.a!en lar ^uPP°^e^ t0 contain 2000 inhabitants. It is fituated 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, k/'p-fpvinger. It is of a yellovvifh gray-colour, and of the fize of a kid of a year old. See Capra, Mam¬ malia /Wer. 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 ha/endar, from the word kalendce, an¬ ciently wrote in large charaflers at the head of each month. See K A LENDS. The days in kalendars were originally divided into o&oades, or eights; but afterwards, in imitation of the Jews, into hebdomaJes, or fevens; which eullom, Sca- 1'iger obferves, was not introduced among the Romans till after the time of Theodofius. Tin re are divers kalendars, according to the differ¬ ent forms of the year and dillributions of time efla- blilhed in different countries. Hence the Roman, the Jewiih, the Perfian, the Julian, the Gregorian, &c. kalendars. The ancient Roman kalendar is given by Ricciolus, Struvius, Danet, and others j by which we fee the or¬ der and number of the Roman holidays and work days. The three Chriftian kalendars are given by Wolfius 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 KALENhAR owed its origin to Romulus: but it has undergone various reformations fince his time. That legiflator diffributed time into feveral pe¬ riods, for the ufe of the people under his command : but as he was much better verfed in matters of wTar than of aftronomy, he only divided the year into ten months, making it begin in the fpring, on the firft of March •, imagining the fun made his courfe through all the feafons in 304 days. Romulus’s kalendar was reformed by Numa, who added two months more, January and February j pla¬ cing them before March : fo that his year confilled of 339 days, and began on the firll of January. He chofe, ho wever, in imitation of the Greeks, to make an in¬ tercalation of 43 days; which he divided into two parts; intercalating a month of 22 day's at the end of each two years ; and at the end of each two years more another of 23 days ; which month, thus interpofed, he called Marcedomus, or the intercalary February. But thefe intercalations being ill obferved by the pontiffs, to whom Numa committed the care of them, eccafioned great diforders in the conftitution of the year ; which Csefar, as fovereign pontiff, endeavour¬ ed to remedy. lo 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 lettled on any fure footing without hav- ing regard to the annual courfe of the fun. Accord- 3''ng^) as the; fun’s yearly courfe is performed in 365 days fix hours, he reduced the year to the fame num¬ ber of days c the year of this corre&ion of the kalen- Vol. XI. Part II. 417 ] K A L dar was a year of confufion ; they being obliged^ in Kalendar." order to fwallow up the 65 days that had been im- prudently added, and which occafioned the confufionj to add two months befides the Marcedonius, which chanced to fall out that year ; fo that this year con* filled 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 difpofed into quadriennial periods; whereof the firlt three years, which he called communes, confift of 363 days; and the fourth, bijfextile^ of 366 ; by reafon of the fix hours, w hich 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 Rope Gregory XIII. with the advice of Clavius and Ciaconius, appointed, that the hundredth year of each century fliould have no biffextile, excepting in each fourth century : that is, a fubtraftion 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 biflextile confifts. The reformation of the kalendar, or the new fhjlc as we call it, commenced on the 4th of 061ober 1 382, 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 thedefeft of 11 minutes. Julian Chrijlian KALENDAR, 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 pafehal full moon, with the feaft of Eaffer, and the other moveable feafts de¬ pending thereon, by means of golden numbers, rightly difpofed through the Julian year. See Cycle, and Golden Number. In this kalendar, the vernal equinox is fuppofed to be fixed to the 21ft day of March: and the cycle of 19 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 falls 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. Eaffer, therefore, which fliould have been on the 10th of April, weis that year on the 17th. The error here lies only in the metemptofis, or poflpofition of the moon, through the defeiff of the lunar cycle. It the 0 full moon had fallen on the 1 ith of March, Eafter would 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 Aloyfius Lilius, in 1582, threw io days out of the month of O&ober, to reftore the equinox to its place, viz. the 2ift of March; and thus introduced the form of the Gregorian year, with fuch a provifion as that the equinox ftiould be conftantly kept to the 21ft of March. The new moons and full moons, by advice of the fame Lilius, were not to be indicated by golden 3 G numbers-’ K A L [ 41 Kalendar. numbers, but by epa&s. The kalendar, however, was •—»v'" 1 ' ftiH retained in Britain without this correction: whence there wras a difference of 11 days between our time and that of our neighbours. But by *24 Geo. II. c. 23. the Gregorian computation is eftablifhed here, and accord- ly took place in 1752. Gregorian KALENDAR, is that which, by means of epacls, rightly difpofed through the feveral months, determines the new7 and full moons, and the time of Eafter, with the moveable feafts depending thereon, in the Gregorian year. The Gregorian kalendar, therefore, differs from the Julian, both in the form of the year, and in that epa£ls are fubftituted in lieu of golden numbers : for the ufe and dilpohtion whereof, fee Epact. Though the Gregorian kalendar be preferable to the Julian, yet it is not without its defefts (perhaps as Tycho Brahe and Caflini imagine, it is impoflible ever to brin^ the thing to a perfect juftnefs). For, firit, The Gregorian intercalation does not hinder, but that the equinox fometimes fucceeds the 2ift of March as far as the 23d; and fometimes anticipates it, falling on the 19th j and the full moon, which falls on the 20th of March, is fometimes the pafchal 5 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 j which yet falling before the equinox, is not pafchal. In the Hrff cafe, therefore, Eafter is celebrat¬ ed in an irregular month j in the latter, there are two Eafters in the fame ecclefiaitical year. In like manner, the cyclical computation being founded jon mean full moons, which yet may precede or follow the true one by fume 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 (hould be j in the other, it is cele¬ brated on the very day of the full moon, with the Jews and Qmartodeciman hereties j contrary to the decree of the council of Nice. Scaliger and Calvifius fhow other faults in the Gregorian kalendar, arifing from the negligence and inadvertency of the authors j yet is this kalandar adhered to by the Romans throughout Europe, &c. and uied wherever the Roman breviary is ufed. Reformed or CorreBed KALENDAR, is that which, felling afide all apparatus of golden numbers, epabts, and dominical letters, determines the equinox, with the pafchal full moon, and the moveable feafts depending ihereon, y aftronomical computation, according to the Rudolphtne Tables. % This kalendar was introduced among the Proteftant ftates of Germany in the year 1 jco, when 11 days were at once thrown out of the month of February j fo that in 1700 February had but 18 days: by this means, the correfted ftyle agrees with the Gregorian. This alteration in the form of the year they admitted for a time 5 in expiation that, the real quantity of the tropical year being at length more accurately deter¬ mined by obfervation, the R raanifts would agree with them on fome more convenient intercalation. ConflruBion of a KALENDAR or Almanack. 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- 3 ] K A L lendar into weeks. 3. Compute the time of £after, and Kalendar. thence fix the other moveable feafts. 4. Add the im- —v— moveable feafts, with the names of themartyrs. 5. To 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 j the erepufcula, and the afpefls of the planets. 6. Add in the proper places the chief phafes of the moon, and the fun’s entrance into the cardinal points j i. e. the folftices and equinoxes j 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 fun’s rifing and fetting, and the length of days, may be transferred from the kalendars of one year into thofe of another ; the differences in the fe¬ veral years being too fmall to be of any confideration in civil life. Hence it appears, that the conftrudtion 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, perfedl and imperfedl j others into Heathen and Chriftian. Public almanacks are thofe of a larger fize, ufually hung up for common or family ufe 5 private are thofe of a fmaller kind, to be carried about either in the hand, inferibed on a ftaff, or in the pocket j perfect, thofe which have the dominical letters as well as primes and feafts inferibed on them j imperfedt, thofe which have only the primes and immoveable feaffs. Till about the fourth century, they all carry the marks of heathenifm from that age to the feventh, they are generally divided between heathenifm and Chriffianity. Almanacks are of fomewbat different compofition, fome containing more points, others fewer. The effen- tial part is the kalendar of months and days, w’ith the rifing and fetting of the fun, age of the moon, &c. To thefe are added various parerga, altroncmical, aftro- logical, meteorological, chronological, and even politi¬ cal, rural, medical, &c. as calculations and accounts of eclipfes, foiar ingreffes, afpedls, and configurations of the heavenly bodies, lunations, heliocentrical and geo- centrical motions of the planets, prognoftics of the weather, and predictions of other events, tables of the planetary motions, the tides, terms, intereff, twilight, equation, kings, &c. Ge la lean, or Jellalcean KALENDAR, is a correction ■ of the Perfian kalendar, made by order of Sultan Gela- leddan, in the 467 th year of the Hegira; of Chrift 1089. Kalendar, is ufed for the catalogue or fafti an¬ ciently kept in each church of the faints both umver- fal and thofe particularly honoured in each church ; w ith their biftrops, martyrs, &c. Kalendars are not to be confounded with martyrologies; for each church had its peculiar kalendar, whereas the martyrologies regarded the whole chui'ch in general, containing the martyrs and confeffors of all the churches. From all the feveral kalendars were formed one martyrology : fo that martyrologies are pofterier to kalendars. Kalendar, is alfo applied to divers other compo- fitions refpefting the 12 months of the year. In this fenfe, Spenfer has given the ftiepherd’s ka¬ lendar ; Evelyn and Miller the gardener’s kalendar, &c. Kalendar, K A L KaleiwUr Kalendar, is alfo extended to an orderly table or 11 enumeration of perfons or things. Kaiench. ^ Lord Bacon wiihes for a kalendar of doubts. A late writer has given a kalendar of the perfons who may in¬ herit eftates in fee-fimple. Kalendar, Kalendarium, originally denoted, among the Romans, a book containing an account of moneys at intereft, which became due on the kalends of Janu¬ ary, the ufoal 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 inftrument engraved upon copper plates, printed on paper, and palled on board, with a brafs Aider which carries a hair, and (hows by infpe&ion the fun’s meridian altitude, right afcen- iion, declination, tiling, fetting, amplitude, &c. to a greater exaftnefs than our common globes will {how. Kalendar of Prifoners. See Calendar. KALENDAR Brothers, a fort of devout fraternities, compofed of ecc'eliaftics as well as laymen j whofe chief bufinefs vras to procure maffes to be faid, and alms dif- tributed, for the fouls of fuch members as were de- ceafed. They were alfo denominated kalend-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 th§ ceremony and wantonnefs of the kalends of January, which for many ages w as held a feaft, and celebrated by the clergy with great indecen¬ cies, under the names fejlum kalendarum, or hypodiaco- norum, or Jiultorum, that is, “ the feaft of fools fome- times alfo libertas decembrica. The people met malked in the church j and in a ludicrous way proceeded to the election of a mock pope, or bilhop, who exercifed a jurifdiflion over them fuitable to the feftivity of the occalion. Fathers, councils, and popes, long laboured 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 firft day of every month.—The word is form¬ ed from xxXtti, I call or proclaim ; becaufe, before the publication of the Roman fafti, it was one of the offices of the pontifices to w’atch the appearance of the new moon, and give notice thereof to the rex facrificulus ; 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 be j which he did by repeating this formula as often as there were days of kalends, Calo Juno Novella. Whence the name calendce 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- ti ied no longer than the year of Rome 450, when C. Flavius, the curule aedile, ordered the falti 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 j the laft or the 30th of April was K A L thzpridie kalendarutn, or fecond of the kalends of May ; the 29th of April, the third of the kalends, or before the kalends j 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 Non£s. The rules of computation by kalends are included in the following verfes ; Prima dies men/is cujufque ejl diEfa kalendse : Sex Maius nonas, 0Bober, Julius, et Mars ; ^uatuor at reliqui: habet idvr quihbet 0B0. Inde dies reliquos omnes die efj'e kalendas j ^uas retro numerans dices a menfe fequente. 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 10th 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 fecundo kalendas, the laft but one tertio kalendas, &c. The Roman writers Jaemfelves are at a lofs for the reafon of this abfurd ana whimfical manner of comput¬ ing the days of the month : yet it is ftill kept up in the Roman chancery j and by fome authors, out of a vain affeftation 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 conduft, efpecially in what related to the im- pofition 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 dei¬ ties, and exchanged prefents among themfelves as a token of friendfhip. It was only a melancholy day to debtors, who were then obliged to pay their interefts, &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 Pruflia, and on the fouth by Silefia. Kalifli is the capital town. > Kalish, a town 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 accefs, E. Long. 18. o. N. Lat. 52. 20. KALMIA, a genus of plants, belonging to the de- candriaclafs j and in the natural method ranking under the 18th order, Bicornes. See Botany Index. KALMUCS, a tribe of Tartars, called alfo Eluths, inhabiting the larger half of what the Europeans call Weflern Tartary. Their territory extends from the Cafpian fea, and the river Talk or Ural, in 72 degrees of longitude from Ferro, to Mount Altay, in no de¬ grees, and from the 40th to the 5 2d degree of north 3 G 2 latitude ) [ 419 1 Kalends 11 K A L T - 420 whence it may be computed about 1930 miles Kalmucs. latitude v *n length from weft to eaft, and in breadth from north to fouth about 650 miles where broadeft. It is bound¬ ed on the north by Ruflia and Siberia, from which it is feparated by a chain of mountains ; on the eaft by Mount Altay ; 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 fome ri¬ vers. See Tartary. Of the Kalmuck Tartars the following curious ac- «ount is given by Profeffor Pallas.—They are in gene- ral, fays 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. 1 heir limbs are neatly turned, and very few have any defe&s contra&ed in infancy. Their education being left folely to nature, procures for them a well formed body and found conftitution. The only deleft which is common among them is their having the thighs and legs iomewhat bent. A fat perfon is hardly ever to be met with ; the richeft and moft diftinguilhed, though they lead a life fufficiently indolent, and enjoy abun¬ dance of every thing they deftre, are never exctflively .forpulent. Their fkin is pretty fair, efpeeially 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 thefe circumftances they acquire that yellowifh brown colour which charafterizes them. The women, on the contrary, have a very delicate com¬ plexion } among thofe of a certain rank are found fome with the moft beautiful faces, the whitenefs of w hich is fet off by the fine black of their hair ; and in this as well as. in their features they perftftly refemble the figures in Chinefe paintings. The phyfiognomy which diftinguilhes 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 ge¬ neral their countenance has an opennefs in it that be- fpeaks a mild, a frank, and focial difpofition. In many it is of a roundifh fhape, 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 charafteriftic 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 fleftiy • the eyebrows are black, narrow, and much arched j the nofe is of a ftrufture quite Angular, 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 -md flelhy, the chin fhort, and the teeth exceedingly white, continuing fo to old age 5 the ears are of an enormous fize, Handing out from the head. T hefe charafters are more or lefs vifible in each individual ; but the perfon that poffeffes them all in the higheft degree is confider- ed as the moft 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 moft of it; and yet even with them the beard is very fcanty and thin, and few have much hair on any other past of the body.. 1 K A L People that lead a paftoral life enjoy the bodily fen- Kalmucs. fes in the greateft perfeftion. The Kalmucs find the v—' fubtility of their fente 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 ; there are many of them who can tell by applying the nole to the hole of a fox, or any other quadruped, if the animal be w ithin or not. They hear at a great diftance the trampling of horfes, the noife of any enemy, of a flock of flieep, or even of ftrayed cattle j they have only to ftretch them- felves on the ground, and to apply their ear clofe to the turf. But nothing is more aftonifhing than the acutenefs of fight in moft of the Kalmucs, and the ex¬ traordinary diftance at which they often perceive very minute objefts, fuch as the duft raifed by cattle or horfes, and this from places very little elevated 5 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. They are alfo 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 w andering 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 humour, which hardly ever forfakes even the moft wretched among them, form the fair fide of their charafter. On the other hand, they are carelefs, fuperficial, and want true courage 5 befides, 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 aftivity j but this is lefs 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 Ruffians either for labour or for fiftiing, are very affiduous and indefati¬ gable. They fleep but little, going to reft late and rifing with the km. To fleep through the day, unlefs a perfon is drunk, is confidered by them as diffionour- able. But their extreme dirtinefs can neither be dif- guifed nor juftified, and proceeds much more from their education, from the flovenlinefs attached to the profeffion of a herdi'man, 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 fenfualily, that the Kirguifians are eager to feize and carry them off' when¬ ever an opportunity prefents itfelf. With regard to the intelleftual faculties of the Kal¬ mucs, notwithftanding their want of inllruftion and information, they poilefs good natural parts, an exc el¬ lent memory, and a ftrong defire to learn. They ac¬ quire the Ruffian language with great facility, and pronounce it well ; in which laft article they very much furpafs the Chinei'e. It would be very eafv to civilize them, if their petulance and manner of life did not ren¬ der it imprafticable. Although the Kalmucs are generally of a fanguine and-. K A L [ 421 T K A L itatmucs. and choleric temperament, they live more amicably to- "■ * gether than one could expeft in a people that lead To 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 refpeft •, 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 diftance of feveral miles, without going to falute him, and to inqure into the object 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 friendfhips: but thefe connexions are not quite difin- terefted ; for to give and to receive prefents are with them effential articles. A mere trifle, however, is luf- ficient to induce them to do you all manner of fervice ; and they are never ungrateful as far as they are able. Adverfity cannot deprive them of courage nor alter their good humour. A Kalmuc will never beg if he Mere in the extremeft mifery, but rather endeavour to acquire a fubfiftence by cheating : and when no other vay remains, he will hire hirnfelf to lome rich iadi- 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, (how no con¬ tempt for the poor of their own nation •, 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 praclifed by wandering nations : it is of the greateft advantage to thofe among them who travel aerofs their deferts ; and each individual who praffifes 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, diftant 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 belt 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 wants are fupplied with the moft affectionate cordiality. Every ftranger, of whatfoever nation, never fails to be well received by a Kalmuc j and he may depend upon ha¬ ving his effeCts in the greateft fecurity the moment he has put himfelf under the protection of his hoft : for to rob a gueft is confidered by the Kalmucs as the moft abominable of all crimes. When the mafter of the houfe fits down to meat in qojppany with others of inferior rank, he begins in- 3, deed by ferving himfelf and his family, but whatever remains is diftributed among the affiftants. When they fmoke tobacco, the pipe circulates inceffantly from one to another. When any one receives a prefent either of meat or drink, he divides it faithfully with his com¬ panions, even though of inferior rank. But they are much more niggardly of their other effeCts, and efpeci- ally of their cattle, and do not willingly give thefe away except when they hope to receive a fuitable re¬ turn : or if any relation has accidentally fuffered the lofs of his flocks, he is fure to be moft willingly aflift^ ed. Perhaps too it may be related as an article of their hofpitality, that they abandon their wives to their friends with the greateft facility, and in general they are very little inclined to jealoufy. 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 cunnings which are fo natural to them. It muft alfo be con- fefled, that it is only thofe that live with princes, and in camps where thefe hold their courts,or their pritfts* that are moft addifted to thefe pratftices ; while the common people, fatisfied with the pleafures of the paf- toral life, fpend their days in innocent fimplicity, and never attack the property of another till forced by ne- ceffity, or led by their fuperiors who fliow them the ex¬ ample. The Kalmucs are very faithful to their lawful prince ^ they endure every fort of oppreflion, and yet are with difficulty induced to revolt j but if they belong to a prince who has not become fo by right of lucceflion, 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 cat¬ tle as well as of the feaft. They are exceedingly pru¬ dent in matters that relate to their fovereign or their nation, or which are recommended to their dire&iorv by the priefts, to whom they yield an unreferved obe¬ dience. 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 Afia, and moft probably by the Mongul nap tions. As they can be entirely taken to pieces and folded in a fmall compafs, they are very ufeful, and perfectly agree wdth the migratory life of thefe people, who are ftill 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 iuffi- cient load for a camel or two oxen. But the capacity of thefe huts, their warmth in winter, their ftrength in refilling tempefts and excluding rain, abundantly com- penfate 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- bellifhments within. In winter, they are warm even when heated with the dried exertmrnts of their cattle, to which they are often obliged to have recourfe, fox want*. KalmuoS, K A L want of oilier combuftibles, in many places of the de¬ fects which are deftitute of wood. In fumnaer they remove the felt to enjoy the frefli air. The mailer of the tent has his bed placed oppofite to the door behind the fire place. The bedheads are low and made of wood. The rich adorn their beds wdth curtains, and fpread carpets or felt upon the ground. When a Kalmuc poffeffes an idol, he places it near the head of his bed, and fets before it feveral fmall 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 bafin deftined to receive the libations of all the drink he makes ufe of in a day. On feftivals the idol is de¬ corated, the lamps are lighted, and perfumes burnt be¬ fore it. The riches of’the Kalmucs, and their whole means of fubiiftence, depend on their Hocks, which many of them reckon by hundreds, and even by thoufands. A man is thought capable of living on his poffeffions when he is mailer of ten cows with a bull, eight mares with a llallion. The animals they have in greatell abundance are horfes, horned cattle, and Iheep. 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 wild : but they do not yield to any in fwift- nefs, and fupport with eafe 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 afiiftance from man. The Kalmucs callrate the greater part of their male foals, and at the fame time flit their nolfrils, that they may breathe more freely when they run. The flallions are never feparated from the mares, that there may be always plenty of milk. The flallions are leaders of the herd, and often wander at a diflance 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 •, an inftrument they ufe in taking their riding horfes which feed in the midft of the herd. They put no faddle at firfl on the colt they mean to break, but tie a flraft 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 folicitous 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- moll gone : he is then faddled and bridled, and made to go for fome time at a moderate pace ; after which he is entirely tamed. The horned cattle of the Kalmucs are of a beautiful lhape. I hey keep more bulls than are necelTary for the cows, and employ a great number of them as bealts of burden for carrying their houfes and their other K A L furniture from place to place. They think a bull equal to 50 cows, h hefe and the mares give milk only while they fuckle their calves or their foals, which are accordingly kept clofe to the tents during the day, and only fuffered to fuck freely during the night ^ a prac¬ tice which the Kalmucs pretend makes their cattle llronger 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 Iheep are of the fame fpecies with thofe found in all Great Tartary, having large tails like a bag, exceedingly fat, and which furnilh a fuet as foft as butter. They have alfo large pendant ears, and their head is much arched. Their wool is coarfe, and the ewes feldom have horns. One ram is fuffieient for a hundred ewes. Little ufe is made of the milk. The wool is fit for nothing but to make felt for the tents. A great many Iheep die during winter, and a greater number Hill of the early lambs : the Ikins of which are wrought into thofe fine furs fo much elleemed in Ruf- fia and foreign parts. Camels belong only to the rich 5 for they are very dear, multiply very flowly, and are fubje£l to many difeafes. The deferts of the Wolga, and almolt all thofe of the fouthern parts of Great Tartary, furnifh excellent pallure for thefe animals •, but they require not only much attention in winter, but they mull be continually under the eye of the herdfmen 5 for not- w ithftanding the advantage of their llature, they are of all animals lealt able to defend themfelves againll the wolf. They are guarded with much care againil the violence of the cold and the winds of winter j neverthelefs many of them die of a confumption ac¬ companied with a diarrhoea, occafioned moll probably by the moilture of their pafture and of the feafon. This difeafe, for which no remedy has been found, makes them languiflr 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 infedls ; and they often die in fummet: of thofe they fwallow in eating the leaves of the oak and of the birch. The meloeprofcarabrtus, which covers all the plants in many of thofe places where they feed, is generally fatal to them. In fpring, when they call their hair, and which falls at once from every part of their body, they are expofed to the bite of the fpider- fcorpion, an animal very common in fouthern coun¬ tries. The wound inflifted by this infe£l on the Ikin thus naked is fo venomous, that the camel dies of it in lefs than eight days, fometimes in three. In winter, and efpecially after rutting time, w'hich happens at the end of March, the camel becomes lean and weak ; the bunch upon their back grows flabby, and hangs down upon the fide, nor does it recover its plumpnefs till fummer. Camels milk is thick, unftuous, and of a faltilh tafte, efpecially when the animals frequent pailures abounding with faline plants •, and this lalt property makes the Kalmucs fond of it to tea. They make uie of the hair for fluffing culhions, and for making ropes, packthread, and felt. It may be wrought into the moll beautiful camlets, or into the finelt and fofteft cloths. The camels with tw'o bunches are a very un- eafy [ 422 ] mucs. K A L [ 423 1 eafy feal to the perfon who mounts them *, their trot is K A M 1 fo heavy, and even their walk, fo rude, that he receives the moft violent (hocks at every ftep. When a Kalmuc horde intends to remove in feareh of frelh pafture, which in fummer neceffarily happens every four, fix, or eight days, people are in the firlt place defpatched 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 are fol¬ lowed'by the whole troop, each choofing for himfelf the place he thinks moil convenient. The camel that is loaded with the moil precious furniture is decorated with little bells, the reft march in a firing one behind another, and the bulls with burdens are driven on be¬ fore. On fhefe days the women and girls drefs them- felves in their beft clothes, and lay on abundance of paint. They have the charge, together with the boys, of leading the flocks and the beads of burden 5 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 flefh, which are the principal ar¬ ticles of their food. With regard to the laft, they are fo little fqueamifh, 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 (talks of many plants ; fuch as the bulbous-rooted chervil and dandelion, &c. which they ufe both boiled and raw. Their ordinary drink is the milk of mares or cows j but the former is for feveral reafons preferred. 1 his, when freih, has indeed a very difagreeable tafte of gar- lie : 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 furniihes a very wholefome refreihing beverage, which fenfibly ine¬ briates when taken to excefs. They never make ufe of new milk, and (till lefs of milk or of water that have not been boiled. Their milk is boiled as foon as it is taken from the animal 5 when it is cold it is pour¬ ed into a large leathern bag, in which 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 with a cruft depoftted 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 confifts of communicating to the milk a vinous fermentation. In fummer, and as often as the Kalmucs procure much milk from their flecks, they never fail to intoxi¬ cate themfelves continually with the fpirituous liquor which they know how to diftil from it. Mares milk is the moft fpirituous 5 and the quantity meant to be di- itilled remains twenty-four hours in fummer, and three or four days 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. Cows 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 and tobac- Kalmucs co. The former is fo dear, as it comes to them from KaiJ[fin China by the way of Ruflia, that the poor people ^ fupply its place with various wild plants ; fuch as a fpecies of liquorice, the feed of the (harp-leaved dock, the roots ef wild angelica, and the feed of the Tarta¬ rian maple. The Kalmucs are excellent horfemen. Their arms are lances, bows, and arrows, poniards, and crooked fabres, though the rich have fire arms. They wear, when at war, coats of mail, which coft 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 pafiion 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 -7 and however miserable their manner of life may feem to us, they are perfeftly happy with it. Ihey 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, notwilhftanding of the apparent unhealthinefs of their way 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 j and at that age they can dill very well endure the ex- erci(e of riding. Simple food, the free air which they con ft ant ly breathe, a hardy vigorous conftitution, con¬ tinual exercife without fevere labour, and a mind free from care, are the natural caufes of their health and longevity. It is very remarkable, that a migratory people, whofe manner of life feems fo congruous to the natural liberty of mankind, (hould have been fubje&ed from time im¬ memorial to the unlimited authority of an abfolute fove- reign. The Monguls of Afia afford the only inftanee of it j for neither written records nor ancient tradition have preferved the fmalleft trace of their ever having enjoyed a (late of independence. On the contrary, they acknowledge that they have at all times been fub- je£l to khans and princes, whofe authority has been tranfmitted to them by fucceflion, and is confidered as a right perfectly eftabliftied, 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 deep, that they are forced to be lifted up by cranes. KAMEEL, Kamel, or Camely a machine for lift¬ ing (hips. See Camel. KAMINIECK, a very ftrong town of Poland, and capital of Podolia, with two cattles and a bithop’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. 26. 45. N. Lat. 48. 58. KAMSIN, the name of a hot foutherly wind com¬ mon in Egypt, of which we find the following deferip- tion in Mr Volney’s Travels.—Thefe winds, fays he,^ are known in Egypt by the general name of winds of $0 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 KatnSn, &amtfehat ka. K A M [ 424 Vellers have mentioned them under the denomination of poifonous winds, or, more correctly, hot winds of the defer!. Such in faft is their quality ; and their heat is fometimes fo exceffive, that it is difficult to form any idea of its violence without having experienced itj blit 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 afped. The iky, at other times fo clear in this climate, becomes dark and heavy ; the fun lofes his fplendour and appears of a violet colour 5 the air is not cloudy, but gray and thick, and is in fa& filled with an extremely fubtile dull, which penetrates every•» where. This wind, always light and rapid, is not at firlt remarkably hot* but it increafes in heat in proper* 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 contrafled, and become painful. Refpiration is ffiort and difficult j the fkin parched and dry, and the body eonfumed by an internal heat. In vain is recourfe had to large draughts of water j nothing can reftore perfpi- I'ation. In vain is coolnefs fought for; all bodfes in which it is ufual to find it deceive the hand that touches them. Marble, iron, water, notwithftanding the fun 110 longer appears, are hot. The ftreets are deferted, and the dead filence of night reigns everywhere. The inhabitants of towns and villages ffiut 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 deftru&ive heat. It ufually lafts three days, but if it exceeds that time it becomes infupportable. Woe to the traveller whom this wind ffirprifes remote from {belter: he muft fuffer all its horrible effe&s, which fometimes are mortal. The danger is moft imminent when it blows in fqualls ; for then the rapidity of the wind increafes the heat to fuch a degree as to caufe hidden death. This death is a real luffocation ; the lungs being empty are convulfed, the circulation is difordered, and the whole mafs of blood driven by the heart towards the head and breafl; whence the haemorrhagy at the nofe and mouth which happens after death. This wind is efpecially deflruc- tive to perfons of a plethoric habit, and thofe in whom fatigue has deflroyed the tone of the mufcles and the Veflels. The corpfe remains a long time warm, fwells, turns blue, and foon becomes putrid. Thefe accidents are to be avoided by flopping the nofe and mouth with handkerchiefs ; an efficacious method likewife is that praftifed by the camels. On this occafion thefe 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 fuch, that water fprinkled on the floor evaporates in a few minutes. By this extreme drynefs it withers and ftrips all the plants ; and by exhaling too fuddenly the emanations from animal bodies, crifps the Ikin, clofes the pores, and caufes that feveriflr heat which is the conflant ef¬ fect of fupprefied perfpiration. KAMTSCHATK A, KamschatKa, or Kamchat¬ ka ; a large peninfula in the north-eaftern part 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 bounded on the eaft and fouth by the fea-of Kamtfchatka, on the weft by the feas of Ochotlk RAM and Penffiinlk, and on the north by the country of the Kanit/clteti Koriacs, kat' This peninfula was not difeovered by the Ruffians before the end of the laft century. It is probable,^1.* however, that fome of that nation had vifited Kamtf- vifue'd by chatka before the time above mentioned. For when d e Ruf/ Volodomir Atlaffoff entered upon the conqueft 0fllans* this peninfula in 1697, ha 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 Atlaffoff, one Feodotoff and his companions had refided among them, and had in¬ termarried with the natives; and they ftill ftiow the place where the Ruffian habitations flood. None of the Ruffians remained when Atlaffoff firft vifited Kamtfchatka. They are faid 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 flow from the wounds 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 (hip’s crew who had failed quite round the north- eaftern promontory of Afia called Tfchuhvtjloi Nofs. I he account we have of this voyage is as follows.— In 1648, fevbn kotches or Veffels failed from the mouth of the river Kovyma or Kolyma, lying in the Frozen ocean in about 720 north latitude, and i73°or 174° 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 Deflmeff, Gerafim Ankudinoff, two chiefs of the Coff facs, and Feodotoff Alexeef, head of the Promyflile- nics, or wandering Ruffians, who occaiionally vifited Siberia. Each Veffel was probably manned with about 30 perfons. They met with no obftru&ions from the ice ; but Ankudinoff’s veffel was wrecked" on the promontory above mentioned, and the crew were diftributed on board the two remaining veflels. Thefe two foon after loft fight of each other, and never afterw ards rejoined. Deflmeff Was driven about by tempeftuous winds till Oflober, when he was ftiip- wrecked on the northern part of Kamtfchatka. 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 veflels, who had never afterwards been heard of; and thefe were probably the people who, as we have already mentioned, fettled among the Kamtfchatkans. As the inhabitants of this country were neither nu- Subdutd merous nor warlike, it required no great force to fub-the^r ^ 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 fmall tribute of furs exa&ed from the inhabitants. The Ruffians in¬ deed occafionally hunted, in this peninfula, foxes, wolves, ermines, fables, and other animals, whofe (kins form an extenfive article of commerce among the eaftern nations. But the fur trade carried on from thence was very inconiiderable, until the feries o£ illands mentioned in the next article were difeovered ; frnce which time the quantities of furs brought from thefe K A M [ 425 ] K A M KaiVitfchat-tliefe inlands have greatly increafed the trade of Kamtf- chatka, and rendered it an important part of the Ruf- v fian commerce. Country "1 he face °f the country throughout the peninfula delcribed. is chiefly mountainous. It produces in fome parts birch, poplars, elders, willows, underwood, and ber¬ ries of different forts. Greens and other vegetables are raifed with great facility j fuch as white cabbage, turnips, radifhes, beet root, carrots, and fome cucum¬ bers. Agriculture is in a very low ftate, owing chiefly to the nature of the foil and the fevere hoar- frofls : for though fome 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 anfvver 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 Ochotlk to Kamtfchatka laden with fait, provifions, corn, and Ruflian manufactures j and returns in June or July of 4 the following year with Ikins and furs. Volcanoes. Many traces of volcanoes have been obferved in this peninfula $ and there are fome mountains which are in a burning ftate at prefent. The molt 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 ftream of melted fnow water, which flowed into the neighbouring valley, and drowned two natives who were there on a hunting party. The afhes and burning matters thrown from the mountain were fpread over a furface of 300 verfts. In 1767 was another difcharge, but lefs confiderable. Every night flames of fire were obferved ftreaming from the mountain j 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 5 eonftant fmoke. Population, Kamtfchatka is divided by the Ruflians into four di- &c- ftri£ls $ and the government of the whole is dependent upon, and fubjtft to, the infpeffion of the chancery of Ochotfk. The whole Ruflian force Rationed in this peninfula amounts to no more than 300 men. The preient population of Kamtfchatka is very fmall, a- mounting to fcarce 4000 fouls. 'Formerly the inhabit¬ ants were more numerous j 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 iflands, called the Kurile IJles, who are fubjeft to Ruflia. 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 j the tenth part of the cargoes bought from the neighbouring iflands is alfo delivered 6 into the cuftoms. Manners, Many of the natives of Kamtfchatka have no fixed &-c. of the habitations, but wander from place to place with their natives. herds of rein deer; others have fettled habitations, and refide upon the banks of the rivers and the fhore of the Penfchinfk fea, living upon fifh and fea animals, and fuch herbs as grow upon the fhore : 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,K.amtfcha.t- Koreki, and Kuriles. The Kamtfchatkans live upon ka’ the fouth fide of the promontory of Kamtfchatka : the Koreki inhabit the northern parts on the coaft of the Penfchinfka fea, and round the eaftern ocean almoft to the river Anadir, whofe mouth lies in that ocean almoft in 68° N. Lat. : the Kuriles inhabit the iflands in that fea, reaching as far as thofe of Japan. The Kamtfchat¬ kans have this particular cuftom, 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- derrtand the thing quite well themfelves, then they take a name from fome foreign language, which perhaps has no relation to the thing itfelf; as, for example, they call a prieft bogbog, becaufe probably they hear him ufe the w'ord bogbog, “ God;” bread they call bnghtatin augsh, that is Ruflian 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; it would be ftill a greater proof, if we could fhow feveral words and fentences the fame in both languages. The Kamtf¬ chatkans and Mungals alfo are both of a middling fta- ture, are fwarthy, have black hair, a broad face, a ftiarp 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 outward 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 ftand more out, their teeth are thick, their mouth large, their ftature middling, and their (boulders broad, particularly thofe people who in¬ habit the fea coaft. Both men and women plait their hair in twro locks, binding the ends with fmall ropes. When any hair ftarts out, they few it with threads to make it lie dole; by this means they have fuch a quantity of lice, that they can fcrape them off by handfuls, and they are na- fty 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 fame manner as the Ruflians, whofe language is the moft prevalent. It may be faid in praife of the Ruffians, that though they have eftablilhed a defpotic government in this rude climate, it is tempered by a mildnefs and equity which prevent its inconveniences from being felt. The taxes levied on the Kamtfchadales are fo trifling, that they may be regarded only as a mark of gratitude to the fovereign. La Peroufe confidered the people of this peninfula as the fame with thofe of the bay of Caftries, their mildnefs and probity being fimilar, and their per¬ fons very little different. 7 Their trade is almoft entirely confined to procure Trade, the immediate neceffaries and conveniencies of life, 3 H They K A M jK.amtfchat» They'fell the Koreki fables, fox and white dog (kins, , k dried muihrooms, and the like, in exchange for clothes made of deer fkins and other hides. Their domeftic S Cannot number above twenty. trade confills in dogs, boats, diflies, troughs, nets, hemp yarn, and provirtons: and this kind of barter is carried on under a great ihow of friendftiip ; for when one wants any thing that another has, he goes ireely to vifi: him, and without any ceremony, makes known his wants, al l hough perhaps he never had any acquaintance with him before : the hort is obliged to behave accord¬ ing to the curtom of the country, and give his gueft what he has occaiion fir j but he may aftei wares return the viiit, and mull be received m the _ < ' Men and women without diflinftion ufe the above- mentioned garments, their drefs 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 m the houte, confifting of breeches and a waifteoat fewed together. I he breeches are wide like thofe of the Dutch fkippers, and tie be¬ low the knee j the waillcoat is wide above, and drawn round with a firing. The fummer habits are made of dreffed fkins without hair : their winter garment is made of deer or flone-ram fkins with the hair on. The undrefs or houlehold habit of the men is a girdle of leather with a bag before, and likewife a leathern apron to cover them behind j thefe girdles are fewed with hair of different colours. The Kamtfchatkans ufed formerly to go a hunting and fifhing during the fummer in this drefs j but now this fafhion is changed, and they wear linen fhirts, 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 moft common covering is the fkin of the legs of the rein deer, and fometimes of the legs of other beads, the fhaggieft they can find, to preferve them againd the cold. But the bufkins which both the Coffacks and Kamtfchatkans ufe in their fined drefs are made in the following manner: the foie is of white feal fkin, the upper part of fine white leather, the hind quarters of white dog fkin j what comes round the legs is of dreffed leather or dyed feal fkin j the upper parts are embroi¬ dered. Thefe bufkins are fo extraordinary, that if a bachelor is obferved to wear them, he is immediately concluded to be upon a fcheme of courtdrip. They wear the fame fort of caps as the people of Yakutfki. 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. The women’s head drefs is the perukes that we formerly mentioned ; and thefe were fo dear to them, that when they came to be Chridians they were with difficulty prevailed upon to quit this drefs for one more decent: however, at prefent, round the Ruffian fettlements, all is entire¬ ly changed, the women wearing fhirts, ruffles, waid- coats, caps, and ribbands j which change nobody now complains of except the very old people. The women do all their w ork in mittens j they formerly never waffl¬ ed their faces, but now they ufe both w hite 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 mod in the winter time, efpecially when they either receive or pay vifits. The common clothes for a Kamtfchatkan and his fa¬ mily will not cod him lefs than 100 rubles ; for the coarfed worded dockings, which cod in Ruflia 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 feu beaver as much as the Kamtfchatkans can for twenty foxes ; and one beaver cods the Kuriles no more trou¬ ble than five foxes do the Kamtfchatkans $ for he mud 3 H 2 l»<* K A M r 428 ] K A M Kamtfchat-be a good hunter who catches more than ten foxes in . ^ the winter j and a Kurile thinks himfelf unlucky if he doth not catch three beavers in the feafon j belides which, great numbers are thrown upon the fliore by 14. ftorms. Their diet. Kamtfchatkans divide their filh into fix parts j the fides 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 j the head is laid to four in pits, and then they eat it like fait fifh, and efteem it much, though the (link is fuch that a ftranger cannot bear it ; the ribs and the flefli which remain upon them they hang up and dry, and afterwards pound for ufe j 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 fay, houfehold bread j and they eat it for the molt part dry. I heir fecond favourite food is caviare, or the roes of fifh, which they prepare three different ways. They dry the roe whole in the air ; or take it out of the fkin 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 furnifhes him with bark, which with his dried caviare makes him an agreeable meal j but they cannot eat either fepa- rately, for the caviare flicks like glue to the teeth j and it is almoft impoflible 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 frefh caviare into it, and leave it there to grow four : the Koreki tie theirs in bags, and leave it to four j this is efteemed their moft delicate difh. There is a third fort of diet, called by the Kamtf- ehatkans chuprihi, 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. Fifh drefled in this manner is half roafted half fmoked, but has a very agreeable tafte, 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 when done enough be eafily feparated j and as foon as it is thus dreffed, they takeout 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 difh which they efteem very much, called huigul: it is fifh laid to grow four in pits 5 and though the fmell of it is intolerable, yet the Kamtfchatkans efteem it a perfume. This fifh fome¬ times rots fo much in the pits, that they cannot take it out without ladles \ in which cafe indeed they ufe it for feeding their dogs. As for the flefk of land and the larger fea animals, 4 they boil it in their troughs with feveral different Karntfchat- herbs and roots j the broth they drink out of ladles ka- and bowls, and the meat they take out upon boards, and eat in their hands. The whale and fea horfe fat they alfo boil with roots. There is a principal difh at all their feafts and en¬ tertainments, called felagat 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 j then they drank water which had flood fome time upon mufhrooms. At prefent they drink fpirits as faft as the Ruflians. After dinner they drink u'ater : 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 alw’ays 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 fa¬ mily in fummer time j for they muft bring it from the higheft hills, be the wreather what it will, otherwife they would never be forgiven. The Kamtfchatkans commonly travel in fledges w f drawn by dogs. The animals ufed for this purpofe travelling differ very little from the common houfe dogs j they with dogs, 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 eaftrated, 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 j this is looked upon as a great piece of finery. They drive their fledge fitting upon their right fide, with their feet hanging down j 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 j for unlefs a man keeps the exaft balance, he is liable every moment from the height and narrownefs of them - to be overturned : in a rugged road this wmuld be very dangerous, as the dogs never flop till they come to fome houfe, or are entangled by fomething upon the road ; efpecially in going down fteep hills, when they run with all their force, and are fcarcely to be kept in j 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 j 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 froft, there is no travelling with dogs till a road be made, which is effe&ed by a man going before upon fnow flioes, whom they call brodovfkika. The fnow fhoes 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 fhoes upon each foot, leaves the dogs and fledge, and going on clears the road for fome way 5 then returning, leads forward the dogs and fledge fo far as the yoad is made 5 a method which he muft continue till he comes to fome dw elling houfe. This is very la¬ borious j and it happens fo often, that no driver ever fets out without his fnow fhoes. When a ftorm of driven fnow K A M [ 429 1 K A M Karotfchat-fnow furprifes them, they are obliged with all hafte to ka^ feek the (belter of fome wood, and ftay there as long "v as the tempeft lafts, 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 j 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 fevereft 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 paffes without many being drowned. A difagreeable circumftance 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 ; for the dogs always run moft violently in the worft roads, and, to free them¬ felves, very often overturn their driver. The beft tra¬ velling is in the month of March or April, when the fnow is turned hard or frozen a little at top j however, there is ftill this inconvenience attending it, that fome¬ times travellers are obliged to lodge two or three nights in defert places; and it is difficult to prevail upon the Kamtfchatkans to make a fire either for warming them¬ felves or dreffing vi&uals, as they and their dogs eat dried fiffi, 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 refreftied 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 againft a fire, and notwithftanding the fire has been burnt out long before morning, they continued to deep on very comfortably, and without any inconve¬ 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 ffiips of the French and Englilh 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. 1. E. Long. 156. 30. from Paris. IJlands 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 iflands already known are the Kurile ifles, which ftretch fouth-weft towards the coafts of China or Japan, and are almoft uninhabited ; thofe Called Beer- ing's and Copper iflands, the Aleutian ifles, and Fox iflands, or LyJJie OJlrova, lie almoft dire&ly eaft, ftretch- ing nearly to 230° of longitude eaft from Ferro. TheKamtfchat- firft project of making difcoveries in that tempeftuous , ka- fea which lies between Kamtfchatka and America was v fet on foot by Peter the Great of Ruffia. Captains Beering and Tfchirikoff were employed in the under¬ taking ; the former of whom was fihipwrecked and died on the ifland which is ftill called by his name. As this lies at no great diftance from Kamtfchatka, 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 ifland, which lies in full Copper fight of Beering’s ifland, was next vifited. This ifland'^an<^e“ has its name from the great quantity of copper withtcn e * which the north-eaft coaft of it abounds, the only fide which is known to the Ruffians. It is waffied up by the fea, and covers the ffiores in fuch abundance that many ffiips 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 fufion. The ifland is not high j but has many hillocks, each of which has the appearance of having formerly been a volcano. With this kind of hillocks all the iflands in the fea of Kamtfchatka abound, infomuch that not a Angle ifland, though ever fo fmall, was found with¬ out one; and many of them confifted of nothing elfe. In ffiort, all the chain of iflands 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 conjedlure : nor can any objeftion be derived from the vegetable productions with which thefe iflands abound ; for the fummer after the low er diftriift of Zutphen in Holland was gained from the fea, it. was covered over with wild muftard.—All thefe iflands are fubjeCl to frequent and. violent earthquakes, and abound in fulphur. We are not informed whether any lava is found upon them ; 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 has been melted in fome eruption. Beering’s ifland is fituated eaft from Kamtfchatka, in Beering’s the 185th degree of longitude j and Copper ifland about ifl tnct and one degree more to the eaftward, and in the latitude of^e Aleu_ 540 north. The former is from 70 to 80 verfts Iong,tian lfles* and ftretches from north-weft to fouth-eaft in the fame direftion as Copper ifland. The latter is about 50 verfts in length. About 300 verfts eaft by fouth of Copper ifland lie the Aleutian ifles ; of which Attak is the neareft : it is rather larger than Beering’s ifland, and ftretches from weft to fouth-eaft. From thence about 20 verfts eaftward is fituated Semitffii, extending from weft to eaft ; and near its extremity is another fmall ifland. To the fouth of the ftrait which feparates the two latter iflands, and at the diftance of 40 verfts from both of them, lies Shimiya in a fimilar pofition, and not above 25 verfts in length. All thefe iflands lie between 54 and 55 degrees of north latitude. Tg The Fox iflands are fituated eaft-north-eaft from the Fox idands* Aleutians: the neareft of thefe, Atchak, is about 800 verfts diftant; it lies in 56® north latitude, and extends from weft-fouth-weft towards eaft-north-eaft. 1> greatly refembles K A M Kamtfcbat Tea, *9 Manner*, &c. of tbe inhabitants. refembles Copper Ifland, and is provided with a com modious harbour on the north. From thence all the other iflands of this chain ft retch in a direction towards north-eaft by eaft. The next to Atchak is Amlak, and about 15 verfts 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 {mailer; from thence is 50 verfts to Amuchta, a fmall rocky iftandj and the latter to Yunakfan, another foiall ifland. About 20 verfts from Yunakfan there is a clufter of five fmall iflands, or rather mountains, Ki- galgift, Kagamila, Tfigulac, Ulaga, and Tana-Unok ; and which are therefore called by the Ruflians Pat Soph', or the Five Mountains. Of thefe Tana-Unok lies moft to the north-eaft, towards w'hich the weitern point of Umnak advances within the diftance of 20 verfts. Umnak ftretches from fouth-weft to north-eaft 5 it is 150 verfts in length, and has a very confiderable bay on the weft end of the northern coaft, in which there is a fmall ifland, or rock, called Adugak: and on the fouth fide Shemalga, another rock. The weftern point of Aghunalafhka, or Unalaftika, is feparated from the eaft end of Umnak by a ftrait near 20 verfts in breadth. The pofition of thefe two illands is fimi- lar j but Aghunalafhka is much the largeft, and is above 200 verfts long. It is divided towards the north- eaft into three promontories, one of which runs out in a wefterly direftion, forming one fide of a large bay ®n the north coaft of the iftand : the fecond ftretches •ut north-eaft, ends in three points, and is conne&ed 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 Unalaftika towards the eaft lies another fmall ifland called Shir kin. About 20 verfts from the north-eaft promontory of Aghuna- laftika lie four iflands : the firft, Akutan, is about half as big as Umnak j a verft further is the fmall ifland A- kun j 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 61ft degree of latitude. About 100 verfts from thence lies an ifland called Uni¬ mak, upon which a Ruffian navigator (Captain Krenit- -zin) wintered; and beyond it the inhabitants faid there was a large traft of country called Alafika, of which they did not know the boundaries. The Fox iflands are in general very rocky, without containing any remarkably high mountains : they are deftitute of wood ; but abound in rivulets and lakes, which are moftly without fifli. 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. There is a volcano in Amuchta, and fulphur is produced on another ifland ; in feme’ others are fprings hot enough to boil provifions. Sul¬ phureous flames are alfo fometimes feen at night upon the mountains of Unalaflika and Akutan. 1 he Fox iflands are tolerably populous in proportion to their fize The inhabitants are entirely free, and pay tribute to no one ; they are of a middle ftature, anti In e, both in fumroer and winter, m holes dug in the earth No figns of religion were found among them. Several perfons indeed pafs for forcerers, pre¬ tending to know things paft and to come; and are 2 [ 430 1 K A M accordingly held in high efteem, but w ithout receivingKamtfUiat. any emolument. Filial duty and refpea towards the ka- aged are not held in eftimation by thefe iflanders They are not, however, deficient in fidelity towards each other ; they are of a lively and cheerful temper, though rather impetuous, and naturally prone to anger. In general, they do not obferve any rules of decency j but follow all the calls of nature publicly and without the leaft relerve. Their principal food confifts in fifli, and other lea animals, fmall {hell fifli, and fea plants; their greateft delicacies are wild lilies and other roots, together with different kinds of berries. When they have laid in a ftore of proviflons, they eat at any time of the day without diftin&ion; but in cafe of neceffity, they are capable of falling 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; or elfe they fet fire to train oil, which they pour into a hollow' ftone. They feed their chil¬ dren when very young with the coarftft flelh, 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. This 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 thefe means they are rendered bold and fortunate in filhing. The men wear ftiirts made of the ikins 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 clofe to their ears ; and ftiave alfo a round place on the top. The women, on the contrary, let the hair defeend over the forehead as low as the eye¬ brows, and tie the remaining part in a knot upon the top of the head. They pierce the ears, and hang in them bits of coral, which they get from the Ruffians. Both fexes make holes in the griftles of their nofes, and in the under lips, in which they thruft pieces of bone, and are very fond of luch kind of ornaments.— They 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, ikins of, fea-lions and fea-calves for the cover¬ ings of their canoes, wooden maiks, darts, thread made of finews and hair of rein deer. Their houfehold uteniils are fquare pitchers and large troughs, which they make out of the wood dri¬ ven aihore by the fea. Their weapons are bows and arrows pointed with flint, and javelins of two yards in length, which they threw 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 Umr.ak and Unalaftika, they have never been enga¬ ged in any war, either amorgft themfelves or with ineir neighbours, except with the people of Alaftika, the occafion of which was as follows; The fon oi the toigon \ K A M [ 43 K[smtfcliat- toigon or chief of Uirmak had a maimed hand j and ka. fome inhabitants of Alathka, who came to vifit upon ‘-"■v that iflmd, fadened to his arm a drum, out of mockery, and invited him to dance. The parents and relations of the boy were offended at this iniult : 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 idand- ers, there are mountains upon Alaihka, and woods of great extent at fome diliance from the coafl. The na¬ tives wear clothes made of the {kins of rein-deer, wolves, and foxes, and are not tributary to any of their neigh¬ bours. The inhabitants of the Fox iflands feetn to have no knowledge of any country beyond Alafhka, which is one of the molt eatteriy iflands yet mfcovered in thefe Teas, and is probably not far distant from the con¬ tinent of-America. Fcalts are very common among thefe ifl inders*, and more particularly when the inhabitants of one itland are vifited by thofe of the others. The men of the village meet their guefts, beating drums, and preceded by the women who fing and dance. At the conchjlion of the dance, the holts invite them to partake of die feaiU j after which ceremony, the former return tirll to their dwellings, place mats in order, and ferve up their belt provilion. The guefts next enter, lake their places, and, after they are latisfied, the diverfions begin. F.rit, The children dance and caper, at the tame time mak¬ ing a noife with their fma'l drurm, while the owners of the huts of both fexes fing. Next, The men dance al molt naked, tripping after one another, and beating drums of a larger fize: when thele are weary, they are relieved by the women, who dance in their clothes, the men continuing in the mean time to fi^g 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 againlt each other, or molt commonly by finking two Hints toge¬ ther, and letting the fparks fall upon fome 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 guelts immediately retire to their huts, which are made on that occalion, of their canoes and mats. The natives who have feveral wives do not w ithhold them from their guefts j but where the owner of the hut has himfelf but one wife, he then makes the offer of a fe¬ male fervant. The hunting feafon is principally from the end of O&ober 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 fea animals, and painted red, green, or black, with coarfe coloured earths found upon their ifiands. During thefe feftivals, they vifit each other from vil¬ lage to village, and from illand to iftand. 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 fea 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 filh. Their hooks are of bone 5 and for lines they make ufe of a firing mado of a long ka Kaolin. 1 ] KAO tenacious fea-weed, which is fometimes found in thofe Kamtff h^t- feas near 160 yards in length. Whenever thfcy are wounded in any encounter, or bruifed by any accident, they apply a fort of yellow root to the wound, and fait 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 fhafts, they ftrike their nofe till it bleeds, and ufe the blood as glue. Murder is not punilhed among them •, for they have no judge. The following ceremonies are uied in the burial of the dead. The bodies of poor people am wrapped up in their own clothes, or in mats j then laid in a grave, and covered over with earth. The bodies of the rich are put, together with their clothes and arms, in a fmall boat made of the wood driven aihore by the fea : this boat is hung upon poles pla¬ ced crofswife y and the body is thus left to rot in the open air. 1'be cuftoms and manner' of the inhabitants of the Aleutian iiles are nearly fimilar to :hole of the inhabi¬ tants of the Fox iflands. The former indeed are ren¬ dered tributary, and entirely lubjml to ttuflia j and molt of them have a flight acquaintatn e with the Kuf- fian language, which- they have learned from the crews of the different veffeis who nave landed tneie. KAN, or Khan, the name of an officer in Perfia, anlwenng to that of governor in Europt —l here are kins of provinces, countries, and cities, w ho have dif¬ ferent additions to diitinguiih iherr, KANGDROO. See Didelphis, Mammalia. Index. KANiSCA, a very ftrong town of Lower Hungary, capital of the county ot Selawar. It was taken by tins Imptrialifts in 1690. It is h aled on the river I^iave, in E, Long. ly. ^7. N Lat. 46. 23. KAN- FCHEOU FuU, a flounlhing town of Chi¬ na, in the province of Kiang fi. Its rivers, port, riches, and population, all contribute to altiad ftrangers. A day’s journey from this city is a very rapid current, almoit 20 leagues in length, which flows with great hnpetuolity over a number of fcattered rocks that are level with the water. Travellers here are in gr< at danger of being loft, unlels they take care to be ton- duded by one of the pilots of the country j after this paffage the river becomes twice as large as the Seine at Rouen ; and is continually covered with loaded barks and other veffeis under fail.—Near the walls of this- ci'y is a very long bridgi, compofed of 130 boats join¬ ed together by ftrong iron chains. The cuitomhoufe is upon this bridge, where a receiver conftantly refides to vifit all vtffels, and examine if they have paid the du¬ ties iinpoled 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 fliut, to give or refufe a paffage j and no barks are ever permitted to pafs until they have been examined. In the territory belonging to this city, a great number of thofe valuable trees grow, from which varniffi di- ftills. Its diftridt is extenfive, and contains 12 cities of *he third elafs. 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 perfectly n> fufible K A R Kaolin , H Kareck. fufible by fire, and believed that it was a talky earth j but Mr Macquer obferves, that it is more probably * °f an argillaceous nature, from its forming a tenacious pafte with the other ingredient called petuntfe, which has no tenacity. Mr Bomare fays, that by analyzing fome Chinefe kaolin, he found it was a compound earth confiding of clay, to which it owed its tenacity $ of calcareous earth, which gave it a meally appear¬ ance ; of fparkling cryftals of mica ; and of fmall gra¬ vel, or particles of quartz cryftals. He fays, that he has found a fimilar earth upon a ftratum of granite, and conjectures that it may be a decompofed granite. This conjefture is the more probable, as kaolins are frequent¬ ly found in the neighbourhood of granites. See Por¬ celain. K AOUTCHOUK. See Caoutchouc,Chemistry Index. KARAITES. See Caraites. KARAT. See Caract. KARECK, an ifland in the Perfian gulf, which was once fubjeCt to the Dutch. It was vifited by Mr Ives in 1758. He 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 Ihells. Some fragments torn from their fides afforded an op¬ portunity of obferving an immenfe quantity of oyfters, fcallop, 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. The lavender cotton is alfo found here j and the ifland abounds with fowl of various kinds. Pearl oyfters are alfo found, but at confiderable depths. This fettlement was founded by Baron Kniphaufen, 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 faCtory at Baffora. Here he became an objeCt to the avarice and rapacity of the Turkifti governors ; who ha¬ ving got him accufed of capital crimes, he was at laft glad to compound with them for 50,000 rupees, the whole fum he was worth, befides giving directions how they might fqueeze other 50,000 from his fucceffor in office (who in truth wiihed him turned out) and the banian who did the bufinefs of the Dutch faCtory, and who had likewife been concerned in underftand prac¬ tices againft him. The new refident was overjoyed at his acceffion, but loft all patience when he found himfelf obliged to pay 30,000 rupee# 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 down 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 with an Arabian ftieick, form¬ ed the plan of the fettiement. He then carried a let¬ ter from the ftieick to the governor and council of Batavia, in which the former propoied to give up the fovereignty of the ifland. Before fetting out for this place, however, the baron took care to de- fpatch a meffenger acrofs the defert to Conftantinople, C 432 ] K A R Karnac. acquainting the Dutch ambaffador with the treatment Kareck he had received, and requefting liberty of the grand vifier for the Dutch to fettle at Kareck. The mef¬ fenger returned with a favourable anfwer before the baron came back from Batavia. The governor of Baffora, then, having attempted in vain to perfuade him to return to that place, wrote a letter of complaint to Batavia, accufing the baron in terms of the utmoft exaggeration, but without any mention of the 100,000 rupees. The baron, however, having got intelligence of this proceeding, ufed fuch diligence that he got back to Batavia in the very fliip which carried the letter. Being thus prefent on the fpot to anfwer the charges brought againft: him, he acquitted himfelf fb well that his fcheme was inftantly approved of, and he was lent back with two {hips and 50 men to "take poffeffion of Kareck, whofe inhabitants at that time amounted to no more than ICO poor fiftiermen. Confiderable difficulties now occurred in the efta- bliftnnent of the new colony j for he had but very few materials with him, and the government of Batavia was very 1W in fending him the fuccours they had promifed. He was therefore obliged to fend for work¬ men from Perfia and Arabia, with whofe affiftance he built a fmall compaft fort, ftrong enough to defend it- felf againft any of the country powers, and any (hips ufually failing to India, excepting thofe of our Eall 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 fucceflbr in office at Baffora, and 20,000 to the banian. When Mr Ives vifited him, he informs us, that furprifing progrefs had been made during the little time the baron had held the fovereignty of the ifland, and that he intended to make it a ftrong and wealthy place j 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, however, the baron quitted the fervice of the Dutch } and the ifland is again in poffeffion of the ftieick of Bundaric, to whom it formerly 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, where all (hips bound to that port muft call for pilots. KARLE, a Saxon word ufed in our law, fometimes Amply for a man $ and fometimes, with an addition, for a fervant or clown. Thus the Saxons call a feaman bufear/i, and a domeftic fervant hufcarle. From hence comes the modern word churl. K ARM ATI ANS, a fed of Mohammedans, who occafioned great diforders in the empire of the Arabs,, See Bagdad, N° 49. KARNAC, the name of a village near Thebes in Upper Egypt, and built on a fmall part of the file of a fingle temple, the circumference of which, it is faid, it would require half an hour to walk round. The ruins of this temple, which are yet vifible, feem to indicate, according to Denon, that it was the largeft in the world j and he thinks it probable, that the temple of Karnac, K A T . . [4 Karnac Kavnac, as well as that of Luxor, was built in the time li t o of Sefoftris, when Lgypt was in the higheft degree of profperity. The plan of this temple is faid to be noble and grand-, but Denonfuppofesthat the embellilhments were added long after the building of the temple, as they exhibit a more correft and chafte ftyle. The por¬ tico alone is compofed of 100 columns, the fmalleft of which are not lefs than 74 feet in diameter, and the largeft 12. 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 Kaffon can raife 4000 fight¬ ing men by the found of his war drum. It is remark¬ able, that although the people poiTefs abundance of corn and cattle, both high and low make no fcruple of eating rats, moles, fquirrels, fnails, and locufts. What is per¬ haps no lefs fingular, the women 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 wives. The method of converting the negroes to the reli¬ gion of Mahomet is worthy of notice. Mr Park affures us that he faw the whole inhabitants of Teefce, a large unwalled town of Kaffon, inftantly converted. While he refided in that town, an embaffy of 10 people be¬ longing to Almami Abdulkader, king of Foota Torra, a country to the weft of Bondou, arrived at Teefce $ and defiring Tiggity Sego the governor to call an affembly of the inhabitants, publicly made known the determination of their king-p44 that unlefs all the people of Kaffon would embrace the Mahometan reli¬ gion, and evince their converiion by faying eleven pu¬ blic prayers, he (the king of Foota Torra) could not poffibly Hand neuter in the prefent conteft, but would certainly join his arms to thofe of Kajaaga.” Such a meffage from fo potent a prince created great alarm ; and the inhabitants, after deliberating for fome time, agreed to conform themfelves to his will and pleafure, renouncing Paganifm and embracing the do£trinesof the falfe prophet. KASTRIL, or Kestril, a fpecies of falcon. See Falco, Ornithology Index. K ATT EG ATTE, a noted fea, lying between part of Jutland and the coaft of Sweden, and towards the latter covered with a great number of iiles. It is al- moft clofed at the extremity by the low Daniih iflands 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 ftnps. Thefe iflands were of old called Codonania, and gave to the Kattegatte the name of Sinus Codonanus. Its greateft depth is 3 5 fathoms. It decreafes as it ap¬ proaches the found j which begins with 16 fathoms, and near Copenhagen ftiallows to even four. The Ro¬ man fleet, under the command of Germanicus, failed, according to Pliny, round Germany, and even doubled the Cimbricum Promontorium, and arrived at the iflands which fill the bottom of the Kattegatte ; either by ob- Vol. XL Part II. 33 Keate; ] K E A fervation or information, the Romans were acquainted Kattegatte with 23. One they called Glejfaria, from its amber, . ll a foil'd abundant to this day on part of the fouth fide , of the Baltic. A Roman knight was employed by Nero’s mailer of the gladiators to coiledl in thefe parts that precious production, by which 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 Kb:y. KAZY, in the Eait Indies, a Mahometan judge or magiitrate ; appointed originally by the court of Delhi to adminifter juftice'according to their written law 5 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 eminentEngliih writer, was born in 1730, and educated at Kingfton fchool, after which he went to Geneva, where he refided for iome years, and became acquainted with M. Voltaire. When he made the tour of Europe, he became a ftudent in the Inner Temple, was called to the bar, but did not meet with fuch encouragement as to induce him to perfevere. In the year 1760 he publiihed his Ancient and Modern Rome, a poem which was received with confiderable applaufe, and the following year he gave the world A ihort Account of the Ancient Hiftory, prefent Go¬ vernment and Laws of the Republic of Geneva, 8vo. dedicated to Voltaire, who once intended to tranilate it into French, but afterwards abandoned his defign. In 1762 he produced an Epiftle from Lady Jane Gray to Lord Guildford Dudley j 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 profeffion. In 1766 he publiihed a poem to the memory of Mrs Cibber, of whofe talents as an aftrefs he entertained a very high opinion. He married in 1769 Mifs Hudfon, and about the fame period he pu- bliflred 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. Thiseulo- gium made the mayor and burgeffes of Stratford pre¬ fent our author with a ftandiih 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 ; and in 1779 he publiihed 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 Diitreffed Poet, a feri«- comic poem, in three cantos, occafioned by a long and vexatious law-fuit. His laft work was perhaps the moft honourable of the whole, both to his head and to his heart. Captain Wilfon of the Antelope packet having fuffered ihipwreck cn the Pelew iflands, was re- fufed any farther command, and reduced to diftrefs, which induced the humane Keate to publifn an account 3 I of \ Keate 11 KetL K E E [ 434 ] of thefe iflands for the benefit of that gentlcrnan; which, foms ; it is faid, brought him about 900 guineas in the fpace of a year. This work is written with much elegance, although it is probable the amiable part of the manners of the natives of Pelew is fomewhat highly coloured. The life of this poet was fpent without any viciffi- tudes of fortune ; he was poffeffed of a very ample eilate, 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, KEDAH, in Ancient Geography, a di ft riel in the defert of the Saracens (fo called from Cedar, the fon of Ilhmael), according to Jerome, who in another place fays that Kedar was uninhabitable, on the north of A- rabia Felix. Kedarem, the people *, who 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 Levitieal in the tribe of Naphtali, on the confines of Tyre and Galilee 5 (Jofephus). Jerome calls it a fa- cerdotal city, fituated on a mountain 20 miles from Tyre, near Paneas, and called Cidiffus; taken by the king of Affyria.—Another Kedes in the tribe of Iffachar (x Chron. vi. 72.) which feems to be called Kijhion (Joftiua xix.). KEDGE, a fmall anchor, ufed to keep a (hip fteady whilft (he rides in a harbour or river, particularly at the turn of the tide, when (he might otherwife drive over her principal anchor, and entangle the (lock or flukes with her flack 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 uleful 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 furniflied with an iron (lock, which is eafily difplaced for the convenience of flowing them. K ED RON, or Cedron, in Ancient Geography, a town which, from the defeat and purfuit of the Syrians ( 1 Mac. xvi.), appears to have flood 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 eaft *, called alfo Ke- dron 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 (keleton 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 , (lern poll, which are elevated on its ends, are in fome meafure a continuation of the keel, and ferve to con- ne£l and enclofe the extremities of the Tides by tran- K E E as the keel forms and unites the bottom by tim- K>el bers. , K ^ r The keel is generally compofed of feveral thick, tel;er^ pieces placed lengthwife, which, after being fcarfed tooether, 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 ftrong thick piece of timber bolted to the bottom thereof, call¬ ed the falfe keel, which is alio very ufeful in preferving the lower fide of the main keel. In ourlargcft (hips of war, the falie keel is generally compofed of two pieces, which are called the upper and the lower falje keels. See MIDSHIP-Frame. The lowed plank in a drip’s bottom, called the gar- loard-Jlreak, 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 alio a name given to a lowr flat-bottomed veffel, ufed in the river Tyne to bring the coals down from Newcaftle and the adjacent parts, in order to load the colliers for traniportation. KEEL-Hauling, a punifliment inflidled for various offences in the Dutch navy. It is performed by plunging the delinquent re'peatedly uitfier the Hup s bottom on one fide, and hoiiting him up on the other, after having paffed under the keel. Ihe blocks or pullies by which he is fufpended are faflened to the oppofite 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 diawn oole up to the yard-arm, and thence let fall iuddenly into the fea, where, paffing under the (hip’s bottom, he is hoifted up on the oppofite fide of the veffel. As this extraordinary fentence is executed with a lerenity 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 conlirued into a ddrefpedl of his judges, when we confider that this punifliment is fuppofed to have peculiar propriety in the depth of winter, whilft the flakes of ice are floating on the dream j and that it is continued till the culprit is almoft fuffocated for want of air, be¬ numbed with the cold of the water, or dunned with the blows his head receives by ftriking the (hip’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 Se¬ veral pieces (carted together. In order to fit with more fecurity upon the floor timbers and crotches, it is notched about an inch and a half deep, oppofite to each of thofe pieces, and thereby firmly fcored down upon them to that depth, where it is fecured by ipike- nails. The pieces of which it is formed are only half the breadth and thicknefs of thofe of tne keel. The keel fon ferves to bind arid 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 or THE great seal, is a lord by his Keeper II Ivelil. K E H [ 435 3 K E I office, and ftyled lord keeper of the great feal of Great Britain ; lie is always one of the privy council. All grants, charters, and commiffions of the king under the great feal, pafs 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 paiies nothing but by the great feal, which is alfo faid to be the pu¬ blic faith of the kingdom, being in the higheft efteem and reputation. ^ _ Whenever there is a lord keeper, he is invefted with the fame place, authority, pre-eminence, juriidi&ion, or execution of law’s, as the lord chancellor of Great Britain is veiled with. The lord keeper is conftituted by the delivery of the great feal, &c. KEEPER of the privy feal, is alfo a lord by his office, through whofe hands all -grants, pardons, &c. pafs before they come to the great feal } 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 where it is againft law, or inconvenient, but lhall firft acquaint the king there¬ with. KEEPING, in Painting, denotes the reptefenta- tion of obje£ls in the fame manner that they appear to the eye at different diilances from it; for which the painter Ihould have recourfe to the rules of perlpeflive. There are two inftances in w'hich the famous Raphael Urbin has tranfgreffed thefe rules : in one of his car¬ toons, reprefenting the miraculous draught of fillies, the men in each of the two boats appear of full fize, the features of their faces being ftrongly 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 weight : and the fowls 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, diftinguilh the features of the men in the difiant 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 (bore. The other inftance occurs in his hiftorical picture of our Saviour’s transfiguration on the mount ; where he is reprefented with thofe who were then with him, almoft 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 ; 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 fpeflator at a little diftance could as well diftinguilh the features of thofe at the top as thofe on the ground. But upon any large eminence, deferving the name of a mount, that w'ould 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 defign of Marfhal Vauban, for the de¬ fence of Stralburg, from which it is a mile and a half diftant. It was ceded to the empire in 1697, by the treaty of Ryfwick. The French retook it in iyo$, and it was reftored to the empire by the treaty of liaf- tadt. During the time of the French revolution, this fortrefs changed mafters feveral times ; but aiter i8ox, it was demoliftied 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 167 5, and ftudied in the univerfity of that city. In 1694 he wewt to Oxford ; where, being admitted of Babol college, he began to read lectures according to the Newtonian fyftem in his private chamber in that college. He is faid to have been the firft who taught Sir llaac 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 owrn providing, by which means he acquired a great reputation in the univerfity. I he firft fpecimen he gave the public of his {kill in mathe¬ matical and philofophical knowledge, was hitf 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 reflections on the theory of the earth, together with A Defence of the re¬ marks on Mr Whifton’s new theory. In xy01? j16 pnh* liftied his celebrated treatife, entitled, Introduclio adve- ram phyjicam, which only contains 14 leftures ; but in the following editions he added two more. This worse has been tranflated into Englilh, under the title of An introduction to natural philofophy. Afterwards, being made fellow of the Royal Society, he publilhed, in the Philofophical TranfaCtions, a paper of the laws of attraction ; and being offended at a paffage in the jrffla eruditorum of Leipfic, warmly vindicated againft Mr Leibnitz Sir Ifaac Newton’s right to the honour of the firft invention of his method of fluxions. In 1709 he went to New’ England as treafurer of the Palatines. About the year 1711, feveral obj eft ions being urged againft Sir Ifaac Newton’s philofophy, in fupport of Des Cartes’s notions of a plenum, Mr Keili publifhed a paper in the Philofophical i ranlaCtions on the rarity of matter, and the tenuity of its cumpo- fition. But while he was engaged in this difpute, Queen Anne was pleafed to appoint him her decy- pherer ; and he continued in that place under King George I. till the year 1716. He had alfo the de¬ gree of doCtor of phyfic conferred on him by the uni¬ verfity of Oxford in I7I3’ -^e 1° i?21, -^-e publiftied, befides the works already mentioned, Intro- duElio ad veratn ajlronomiatn, which was tranflated in¬ to Englifh by Dr Keill himfell; and an edition of Com- mandinus’s Euclid, w ith additions of his own.. Keill, James, M. D. an eminent phyfician, and brother of the former, was born in Scotland about the year 1673 ; 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 phyfician ; and died there of a cancer in the mouth in puhl^Hie^> I* Englifti tranflation of Lemery’s chemiftry. 2. An account of animal fecretion, the quantity of blood in the human body, and mufcular motion. 3. A treadle on anatomy. 4. Several pieces in the Philofophical TranfaCtions. KEISERSBERG, a town 0f Alface in Franco, 3 I 2 and Ketil K E I [ 4. K- lirri- ancl jn the bailiwick of Haguenau, which has belonged k'.,‘S to the French ever lince the year 1548. It is feated Keith. *n a pleasant country, in E. Long. 7. 25. N. Lat. ■ " y mm' 48. IO. KEISERSLAUTERN, a town of Germany, in the Lower Palatinate, belonging to the eledlor Palatine j feated on the river Louter, in E. Long. 7. 51. N. Lat. 49. 22. KEISERTOUL, a town of Switzerland, in the county of Baden, with a bridge over the Rhine, and a caftle. It belongs to the bilhop of Conftance, and is lituated in E. Long. 8. 40. N. Lat. 47. 10. KEISERWERT, a town of Germany, in the circle of Weftphalia, the diocefe of Cologne, and the duchy of Berg ; fubjeft. to the eleftor Palatine. The forti¬ fications are demoliftied. It is feated on the Rhine, in E. Long. 6. 49. N. Lat. 51. 16. KEITH, James-Francis Edward, field-marfhal in the Pruflian fervice, was the younger fon of Wil¬ liam Keith, earl marlhal of Scotland ; and was born in 1696. He was deligned 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 inftigation 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 commilTion in the Irifli brigades, then commanded by the duke of Or¬ mond. He afterwards attended the duke of Liria, when he went ambafiador to Mufcovy ; and being by him recommended to the Czarina, was promoted to the rank of lieutenant-general, and invelted with the order of the black eagle. He diftinguithed himfelf by his valour and conduft in the Ruffian fervice, and had no inconfiderable ffiare in the revolution that raifed Eli¬ zabeth the daughter of Peter the Great to the throne : he alfo ferved in feveral embaffies; 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 Pruffia made him field-marffial of the Pruffian armies, and governor of Berlin ; and dillin- guilhed him lo 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 amufement which the marlhal invented in imitation of the game of chefs. The marlhal ordered feveral thoufand fmall ilatues of men in armour to be call by a founder ; thefe he would fet oppoiite 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 difadvantage re- fulting from the diffei'ent draughts which he made. In this manner the king and the marlhal often amufed themfelves, and at the fame time improved their mili¬ tary knowledge. This brave and experienced general, after many important fervices in the wars of that illuf- trious monarch, was killed in the unfortunate affair of Hochkirchen, in the year 1758. The family of Keith was among the moll ancient in Europe. In 1010 the Scots gained a complete viftory over the Danes at Camus town in Angus; l )6 ] K E L King Malcolm II. as a reward for the fignal bravery Keitk of a certain young nobleman who purfued and killed If Camus the Danilh general, bellowed on him feveral, lands, particularly the barony of Keith in Eall Lo- 'r~" thian, from which his poiferity affumed their furname. The king alfo appointed him hereditary great ma- refchal of Scotland, which high office continued in his family till the year 1715, when the lall earl engaged in the rebellion, and forfeited his ellate and honours ; and thus ended the family of Marefchal, after ferving their country in a diftinguilhed capacity above 700 years. KELLINGTON, or Kilkhampton, a town of Cornwall in England, which fends two members to parliament. W. Long. 4. 38. N. Lat. 35. 36. KELLS, a borough town of Ireland, in the county of Meath, and province of Leinller, 31 miles from Dub¬ lin. This place gives title of vifeount to the family of Cholmondeley ; and near it is Headfort, the magnificent feat of Lord Beclive. This town is pleafantly fituated on the river Blackwater, and has four fairs. It was anciently called Kenanus, and afterwards Kenlis. In former ages it was one of the moft famous cities in the kingdom ; and on the arrival of the Engliffi was walled and fortified with towers. In 1178 a caftle was erefled where the market place now is; and op- poftte to the caftle was a crofs of an entire ftone, or¬ namented with bas-relief figures and many curious in- fcriptions in the ancient Irifti charadler. 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 whom 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 erefted here, which in the 13th century was united to that of Meath. A priory or hofpital was alfo erefted by Walter de Lacie, lord of Meath, in the reign of Richard I. for crofs-bearers or crouched friars follow¬ ing the order of St Auguftin. There was likewife a perpetual chantry of three priefts or chaplains in the parilh church of St Columba in Kells to celebrate mafs daily ; one in the Rood chapel, another in St Mary’s chapel, and a third in the chapel of St Catherine the virgin. Kelds 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 lord fpiritual, and as fuch fat in the houfe of peers before the Reformation ; the ruins only of this abbey now remain : a fynod was held in it anno 1152, when John Paparo, legate from Rome, made one of the number of bifhops 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 Kelly, pule, was born on the banks of Kiliarney 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 himfelf by his perfonal induftry. 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 5 where he encountered all the difficulties a perfon poor and without friends could be fubjeCt to on his firft arrival in town. Happening, however, to become acquainted with an attorney, he was employed by him in copying and tranfcribing ; an occu¬ pation which he prolecuted with fo much affiduity, that he is faid 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 w-as intrufted with the management of the Lady’s Mufeum, the Court Magazine, the Public Ledger, the Royal Chronicle, Owen’s Weekly Poll;, and lome 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 fubfiftence for himfelf, 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 fubjeds, as the accidents of the times chanced to call for the af- ffflance of his pen ; and as during this period politics were the chief objefts of public attention, he employed himfelf in compofing many pamphlets on the important queftions then agitated, the greater part of which are now buried in oblivion. Among thefe, however, was a Vindication of Mr Pitt’s Adminiftration, which Lord Chefterfield makes honourable mention of in the fe- cond volume of his letters. In 1767J the Babler ap¬ peared in two pocket volumes, which had at firlt been inferted in Owen’s Weekly Chronicle in fingle papers ; as did the Memoirs of a Magdalene, under the title of Louifa Mildtnay. About 1767 he was tempted by the fuecefs of Churchill’s Rofciad to write fome ftric- tures on the performers of both theatres, in two pamphlets, entitled Thefpis, which gave great offence to fome of the principal perfons at each houfe. The talents for fatire, which he difplayed in this work, recommended him to the notice of Mr Garrick, who in the next year caufed his firft play of Falfe Delicacy to be a£ted at Drury Lane. It was received with great applaufe •, and from this time he continued to write for the .ftage with profit and fuccefs, until the laft period of his life. As his reputation increafed, he beg^n to turn his thoughts to fome mode of fupporting his family lefs precarious than by writing, and for that purpofe entered himfelf a member of the Middle Tem¬ ple. After the regular fteps had been taken, he was called to the bar in 1774, and his proficiency in the ftudy of the law afforded promifing hopes that he might make a diftinguifhed figure in that profeffion. His fed&ntary courfe of life had, however, by this time injured his health, and fubjedted him to much af- ftidtion. Early in 1777 an abfcefs formed in his fide, which after a few days illnefs put a period to his life. K E L He was the author of fix plays befxdes that above men- Kelly tioned. . . k Un KELP, a term which is ufed in Britain to fignify e ' the faline fubftance obtained by burning fea-weed, which is chiefly employed in the manufacture of green-glafs. Different fpecies of fea-weed, belonging to the genus fucuf, and order a/gce, are cultivated for this purpofe. Thefe plants are thrown on the rocks and Ihores 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 afhes called kelp. The procefs of making it is thus : The rocks, which are dry at low water, are the beds of great quantities of fea-weed j 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 ftones, 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 j 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 confiftence 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 perfeCt tranfparency. See Soda, Chemistry Index. KELSO, a town of Roxburghfflire in Scotland, pleafantly lituated 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. The population in 1801 amounted to 4196 fouls. Kelfo has a very confiderable market, and great quan¬ tities of corn are fold here weekly by fample. The abbey of Tyronenfians was a vaft pile, and, to judge by the remains, of venerable magnificence. The w'alls are ornamented with falfe round arches, interfering each other. Such interfeftions form a true Gothic arch : and may as probably have given rife to that mode as the arched ftiades ef avenues. The fteeple of the church is a vaft tower. This houfe was founded by David I. when earl of Cumberland. He firft placed it at Sel¬ kirk, 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 jurifdidtion, 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 boaft of their profpefts. From the Chalkheugh is a fine view of the forks of the rivers, Roxburgh hill, Sir John Douglas’s neat feat, and at a diftance Fleurus j and from Pinnacle hill is feen a vaft 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 j and pota¬ toes appear in vaft fields. Much wheat is raifed in r 437 3 Kelfo II Ken. K E .N [ 438 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 Yorkfhire, to Lin¬ lithgow, or into Aberdeenfhire, for the flocking ma- nufadlure ; and fome is woven here into a cloth called ,plainsy and fold into England to be dreffed. Here is alfo a confiderable manufadlure of white leather, chief- ]y to fupply the capital of Scotland. A fine flone bridge of fix arches over the Tweed, near its confluence with the Teviot, was 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 dio- cefe of Cologne, in 1386; and took his name from that village. He performed his fludies at Deventer, in the community of poor fcholars eftablifhed by Ge¬ rard Groot; and there made great progrefs in the fci- ences. In 1399 entered the monaftery of the re¬ gular canons of Mount St Agnes, near Swol, of which his brother was prior. Thomas a Kempis there diflin- • guiflied himfelf by his eminent piety, his refpedl for his fuperiors, his charity to his brother canons, and his continual application to labour and prayer. He -died in 1471, aged 90. The belt editions of his works, which confifl of fermons, fpiritual treatifes, and lives of holy men, are thofe of Paris in 1649, an(^ 'of Antwerp in 1607. The famous and well-known book Be Imitations Chrifti, which has been tranflated into almoft all the languages of the world, though it has almoft always been numbered among the works of 'Thomas a Kempis, is alfo found printed under the name - of Gerfon ; and on the credit of fome MSS. has been fince afcribed to the abbot Gerfon of the order of St Benedift. Th is has occafioned a violent difpute be¬ tween the canons of St Augultine, and the Bene- diflines : but while devout Chriftiahs find fpiritual ■ comfort in the work, the name of the writer is of fmall importance. KEMPTEN, a free and imperial town of Germa¬ ny, in Lower Suabia, and in Algow, and alfo in the territory of the abbot of Kempten, who is a prince of the empire, and has a voice in the diet. The inhabi¬ tants are Proteftants *, 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 bifhopric of Augfburg and the barony of Walburg. It is about 17 miles long and broad ; and has no confiderable place but the towns of Kempten and Kauff beuren, which are imperial. KEN, Thomas, an eminent Englifh bifhop in the 17th century, was bred at Winchefter fcbool, whence he went to Oxford 4 and in 1669 wak made a prebend of Winchefter. In 1675, the year of the Jubilee, he travelled to Rome ; and ufed to fay, He had reafon to .give God thanks for his travels, having returned more confirmed of the purity of the reformed religion than he was before. He was appointed by King Charles II.. to attend the lord Dartmouth at the demolifhing of Tangier j 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 biihop of Bath and Wells. The month following he attended King Charles II. at his death j 4 ] K E N 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 occa- ^fion. In the following reign he zealoufiy oppofed the progrefs of Popery ; and in June 1688, he, with five other biftiops, and the archbilhop of Canterbury, was committed prifoner to the Tower of London, for fub- fcribing a petition to his majefty againft the declara¬ tion of indulgence. Upon the Revolution, however, he refufed to take the oaths to King William and Queen Mary, on which account he was deprived of his biftiop- ric. Her majefty Queen Anne beftowed on him a yearly penfion of 200I. to his death in 1710. He pub- lilhed feveral pious books. His charity was fo great, that when, he was bilhop of Bath and Wells, having received a fine of 4000I. he gave a great part of it to the French Proteftants. KENDAL, a town of Weftmoreland, feated in a valley among hills, on the weft fide of the river Can or Ken, over which there are two ftone bridges, and one of wood which leads to the caftle now in ruins. It is a large handfome place •, and has two long ftreets, which crofs each other. The inhabitants have driven a trade with the cotton and woollen manufactory throughout England ever fince the reign of Edw. III. and particular law's were enaCted for regulating Ken¬ dal cloths as early as Richard II. and Henry IV. It is of note alfo for the manufactory of cottons, drug¬ gets, ferges, hats, worfted and yarn (lockings, &c. Queen Elizabeth incorporated it with aldermen and burgeffes j and King James I. with a mayor, recorder, town-clerk, 12 aldermen, 24 burgeffes or common- council-men, and 2 attorneys. There are 7 companies here who have each their hall, viz. mercers, fheer- men, cordwainers, glovers, tanners, taylors, and pevv- terers. Here is an elegant town-hall •, and there is a court of confidence, which was granted by George III. for debts under 40s. It has a large beautiful church, which ftands on the other fide of the brook called Blmdbeck, out of the liberty of the town $ a large, neat, and handfome building, 18c feet long, and 99 broad, w ith five aifies, each parted by a-row of eight pillars, and a ftrong fquare fteeple. Near it is Ab- boPs hall, the refidence of the abbot when this church belonged to an abbey diffolved by Henry VIII. In 1755, a new' chapel was ereCted in the middle of the town, befides which there are twelve chapels of eafe belonging to it. The Diffenters and Quakers have meeting-houfes. The free grammar-fihool is well endowed ; and alfo a charity fihool 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 profpeft, Hand the ruins of a caftle, wherein was born Catherine Parr, the fixth wife of Henry VIII. By means of inland navigation, it has communication with the rivers Merfey, Dee, Kibble, Oufe, Trent, Davwent, Severn, Humber, Thames, Avon, &c. •, which navigation, including its windings, extends above 500 miles in the counties of Lincoln, Nottingham, York, Lancafter, Chefter, Staf¬ ford, Warwick, Leieefter, Oxford, Worcefter, &c. Here are kept the feftions of the peace for this part of the county called the barony of Kendal; and there is a very great market on Saturday, with all kinds of pro- vifions and woollen yarn, which the girls bring hither in Ken, Kendal. KEN [ 439 I K E N Kendal, Jn large bundles. It has fairs on May 6, and Nov. 8. K-enne1, i 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. In 1801 the population was eftimated at nearly 8ooo. Ken¬ dal is 256 miles N. N. W. from London, and in W. Long. 2. 49. N. Lat. 54. 21. KENNEL, a term uied indifferently for a puddle, a water courfe in the ftreets, 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 ; and a ken¬ nel he thinks indifpenfably neceffary for keeping thofe animals in px-oper health and order. “ It is true (fays he) hounds may be kept in barns and (tables j but thofe who keep them in fuch places can bed inform you whether their hounds are capable of anfwering the pur- pofes for which they are defigned. The fenfe of fmell- ing is fo exquilite in a hound, that I cannot but fup- pofe that every (tench 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 fre(h draw are neceffary to keep them healthy. They are fubje6t to the mange j a diforder to which poverty and naftinefs will very much contribute. The kennel drould be fituated on an eminence j 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 (hould be neat without and clean within j and it is proper to be near the mafter’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 lead.” 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 fw'eet; and when cleaned out, the hounds, parti¬ cularly in winter, fuffer both while it is cleaning, and afterwards as long as it remains wet.” When the feeder fird comes to the kennel in a morn¬ ing, he (hould let out the hounds into the outer court j end in bad weather, (hould open the door of the hunting kennel (that in which the hounds defigned to hunt next day are kept), led w^ant of red {hould incline them to go into it. The lodging room {hould then be cleaned out, the doors and windows of it opened, the litter (haken up, and the kennel made fweet and clean before the hounds return to it again.—The floor of each lodg¬ ing room fliould be bricked, and Hoped on both fides to run to the centre, with a gutter left to carry off the water, that when they are wa(hed they may foon be dry. If water {hould remain through- any fault in the floor, it mud be carefully mopped up; for damps are always very prejudicial. The kennel ought to have three doors ; two in the front and one in the back ; the lad to have a lattice window in it with a wooden {butter, which is conflant- ly to be kept clofed when the hounds are in, except in fummer, when it (hould be left open all the day. At the back of Mr Beckford’s kennel is a houfe thatched and furzed up on the fides, big enough to con¬ tain at lead a load of draw. Here {hould be a pit ready to receive the dung, and a gallows for the flefli. The gallows (hould have a thatched roof, and a circular board at the pods to prevent vermine from climbing up. Kennel, He advifes to enclofe a piece of ground adjoining to the Kennet. kennel for fuch dog horfes as may be brought alive j it being fometimes dangerous to turn them out w here other horfes go, on account of the diforders with which they may be infe&ed. In fome kennels a dove is made ufe of; but where the feeder is a good one, Mr Beckford thinks that a mop properly ufed will render the dove 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 fre¬ quently find them rubbing themfelves againd it. The (hade of it is alfo ufeful to them in fummer. If ticks at any time be troublefome in your kennel, let the w'alls of it be w'ell waftied; if that (hould not dellroy them, the walls mud then be white waflied.” Befides the directions already given concerning the fituation of the kennel, our author recommends it to have a dream of water in its neighbourhood, or even running through it if poffible. There fliould alfo be moveable dages on wheels for 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 Englifii writer and bilhop of Peterborough, in the 18th century, bred at St Edmund hall, Oxford j where he foon diffinguiflr- ed himfelf by his vigorous application to his dudies, and by his tranflations of fevtral books into Englifli, and other pieces which he publilhed. In 1695 our author publifhed his Parochial Antiquities. A lermon preached by him on the 30th of January 1703 at Aldgate expofed him to great clamour. It was print¬ ed under the title of A compajjionate inquiry into the caufes of the civil war. In 1706, he publilhed his Cafe of Impropriations, and two other trads on the fame fubjed. In 1706, he publiflied the third volume of The Complete Hidory of England (the two former volumes compiled by Mr Hughes). In 1709, he pub- liftied A Vindication of the Church and Clergy of England from fume late reproaches rudely and unjudly cad upon them : and A true Anfwer to Dr Sacheve- rel’s Sermon. When the great point in Dr Sache- verel’s trial, the change of the minidry, was gained, and very drange addreffes were made upon it,. there was to be an artful addrefs from the bifliop and clergy of Lon¬ don, and they who w'ould not fubfcribe it were to be reprefented as enemies to the queen and the minidry. Dr Kennet fell under this imputation. He w as expofed to great odium as a low churchman, on account of his conduft and w ritings. When he was dean of Pe¬ terborough, a very uncommon method wras taken to expofe him by Dr Walton, re£tor of the church of Whitechapel : for in the altar-piece- of that church, which was intended for a reprefentatiom of Chrifl and his 12 apodles eating the paffover and lad (upper, Ju¬ das the traitor w'as drawn fitting in an elbow-chair, drtffed in a black garment, with a great deal of the air of Dr Rennet’s face. It was generally faid that the original (ketch w as for a bifliop under Dr Walton’s difplcafure $ but the painter being apprehenfive of an a&ion of Seandalum Magnatum, leave was given to drop the bifliop, and make the dean. This giving general offence, upon the complaint of others (for Dr Ken¬ net never fnw it, or feemed to regard it), the bifliop K E N Kennct, 'Kenuicott [ of London ordered the picture to be taken down. ^ I7I3> prefented the Society for Propagating the Gofpel with a great number of books fuitable to their defign j publiihed his Bibliotheca America rue Brimordia, and founded an antiquarian and hiitorical library at Peterborough. In 1715, he publiihed 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 Dr William Nicholfon, bilhop of Caiiifle, relating to fome alterations in the bilhop of Bangor’s famous fermon •, and difliked the proceed¬ ings of the convocation againft that bifhop. Upon the death of Dr Cumberland bilhop of Peterborough, he was promoted to that fee, to which he was confe- crated in 1718. He fat in it more than ten years, and died in 1728. He was an excellent philologift, a good preacher, whether in Englilh -or Latin, and well verfed in the hiftories and antiquities of our nation. Kennet, Bafl, a learned Englifh writer, and bro¬ ther to the preceding, was educated in Corpus Chrilti college, in the univerfity of Oxford, where he became fellow. In 1706, he went over chaplain to the Englilh factory at Leghorn j where he met with great oppofi- tion from the Papifts, and was in danger from the in- quilxtion. He died in the year 1714. He publilhed 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 moll ex¬ emplary integrity, generofity, piety, and modefty. KENNICOIT, Dr Benjamin, well known in the learned world for his elaborate edition of the Hebrew Bible and other valuable publications, was born at Totnefs in Devonlhire in the year 1718. His father '■vas 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 verfos 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 generofity opened a fubfcription to fend him to Oxford. In judg¬ ing of this performance^they may be fuppofed to have conlidered 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 indig ence, as a poem it never rifes_ above mediocrity, and generally links below it. But in whatever light thefe verfes were confidered, the publication of them was foon followed by fuch contributions as procured for the author the advantagesofan academical education. In theyear 1744 he entered at Wadham college j and it was not long before he diftinguilhed himfelf in that particular branch ot ftudy in which he afterwards became fo eminent. His two differtations on the Tree of Life, and The violations of Cain and Abel, came to a fecond edition io early as the year 1747, and procured him the fin- gular honour of bachelor’s degree conferred on him grans by the univerfity a year before the ftatutable , J-h6 difiertations were gratefully dedicated to thole benefactors whofe liberality had opened his way to the univerfity, or whofe kindnefs had made it a 440 ] KEN In fcene not only of manly labour, but of honourable Kennicott. friendlhip. With fuch merit, and fuch fupport, he' was a fuccelsful candidate for a fellowfhip of Exeter college, and foon after his admiftion into that fociety, he diftinguilhed himfelf by the publication of feveral occalional fermons. In the year 1753 he laid the foundation of that ftupendous monument of learned induftry, at which the wife and the good will gaze with admiration, when prejudice, and envy, and in¬ gratitude fliall be dumb. This he did by publilhincr his firft difleration. On the State of the printed Het brew text, in which he propofed to overthrow the then prevailing notion of its abfolute integrity. The fitft blow indeed, had been ftruck long before, by Capellus, in his Critic a Sacra, publilhed after his death by his fon, in 1650—a blow which Euxtorf, with all his abilities and diale&ical fkill, was unable to ward off. But Capelins having no opportunity of confulting 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 refpedl to the Samaritan Pen¬ tateuch very differentopinions were entertained. Thofe w ho 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 incorreft, did not think the Samaritan of fufficient authority to corre& it. Befides the Samari¬ tan itfelf appeared to very great advantage ; for no Samaritan MSS. were then known, and the Pentateuch itfelf was condemned for thofe errors which ought ra¬ ther to have been aferib'ed to the incorreanefs 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 j and that from thofe various readings confider- able authority was 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 5 and he at¬ tempted to prove, that even from the Samaritan, as it was already printed, many paffages in the Hebrew might undoubtedly be correfted. This work, as it was reafonable to expedft, was examined with great fe- verity both at home and abroad. In fome foreign uni- verlities the belief of the Hebrew verity, on its being attacked by Capellus, had been infifted on as an arti¬ cle of faith.—7/7^ Capelli fententia adco non approbata fuit fidei fociisj ut potius He/vetii theologi, et fpeciatim Genevenfes, anno 1678, peculiari canone caverint, ne quis in ditionefuo minifler ecclefce recipiatur, niji fatea- tur publicc, textutn Ilebrceum, ut hodie eft in exemplari- bus hi afore has, quoad confonantes ct vocales, divinum et authenticum ejfe, (Wolfii Biblioth. Heb. tom. ii. p, 27.). And at home this do&rine of the corrupt ftate of the Hebrew text was oppofed by Comings and Bate, two Hutchinfonians, with as much violence as if the w hole truth of revelation were at flake. The next three or four years of Dr Kennicott’s life w-ere principally fpent in fearching out and examining Hebrew KEN [ 441 ] KEN Kennlcott. Hebrew manufcripts, though he found leifure not only to preach, but to publifh feveral occafional fermons. About this time Dr Kennicott became one of the king’s resellers at Whitehall 5 and in the year 1759 we find im vicar of Culham in Oxfordshire. In January 1760 he published his fecond differtation on the Slate of the Hebrew Text : in which, after vindicating the autho¬ rity and antiquity of the Samaritan Pentateuch, he dif- anned the advocates for the Hebrew verity of one of their moft Specious arguments. They had obferved that the Chaldee Paraphrafe having been made from Hebrew MSS. near the time of Chrift, its general coincidence with the prefent Hebrew Text muSt evince the agreement of this lad with the MSS. from which the paraphrafe was taken. Dr Kennicott demonstrated the fallacy of this reafoning, by Showing 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 antagonists wrere fuccefsfully turned upon themfelves. He appealed alfo to the writings of the Jews themfelves on the Subject of the Hebrew' Text, and gave a compendious history of it from the clofe of the Hebrew canon down to the invention of printing, together with a defeription of 103 Hebrew manuicripts which he had difeovered 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 ; 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 Should receive would permit. His find fubferibers were the learned and pious ArchbiShop Seeker, and the delegates of the Oxford prefs, who, with that liberality which has generally marked their character, gave him an annual fubfeription of 40!. In the firff year the money received was about 500 gui¬ neas, in the next it arofe to 900, at which fum it con¬ tinued ftationary till the tenth year, when it amounted to 1003. During the progrefs of this work, the irduf- try of our author was rewarded by a canonry of Christ Church. He was alfo prefen ted, though we know not exactly when, to the valuable living of Mynhenyote, in Cornwall, on the nomination of the chapter of Exe¬ ter. In 1776 the find volume was published, and in 1780 the whole was completed. If now we confider that above 600 MSS. wrere collated, and that the whole work occupied 20 years of Dr Kennicott’s life, it muSt 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 profpeff of ever again being able to vifit his parifh. Although many good and confcientious men may juifly think, in this cafe, that his profedional labours carried on elfewhere might properly have entitled him to retain this preferment, and may apply this reafoning in other cafes ; yet a condufd fo Signally disinterested deferves certainly to be admired and celebrated. Dr Kennicott diet at Oxford, after a lingering illnefs, September 18. 1783 ; and left a widow, who was filter to the late Ed¬ ward Chamberlayne, Efq. of the treafury. At the Vol. XI. Part II. time of his death he was employed in printing Remarks Kennicott on Select PaSTages in the Old Teftament ; which were ^ ^ afterwards published, the volume having been comple- ^nin®- ted from his papers. v— KENO. See Kino. KENRICK, William, an author of considerable abilities, was the fon of a citizen of London, and brought up, it is faid, to a mechanical employment, Thi«, however, he feems early to havt 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 laid to have pafled in a ftate of warfare, as he wa» feldom without an enemy to attack or to de¬ fend himfelf from. He was for feme time Student at Leyden, where he acquired the title of J. U. D. Not long after his return to England, he fit ured away as a poet in Epiftles Philofophical and Moral, 1759, ad- dreffed to Lorenzo j an avowed defence of infidelity, written whilst under confinement for debt, and with a declaration that he was “ much lefs ambitious of the character of a poet than of a philofopher.” From this period he became a writer by profeSlion •, and the Pro¬ teus Shapes under which he appeared, it would be a fruitlefs attempt to trace. He was for a considerable 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 was followed by an examination of it, and that by a Defence in 1766 ; in w hich year he pro¬ duced his pleafant comedy of Falftaff’s Wedding, at firft intended to have been given to the public as an original play of Shakefpeare retrieved from obfeurity, and is. it mult be acknowledged, a happy imitation of our great dramatic bard. With the celebrated Englifh Rofciu.- 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 ; particularly in the difpute between his friends Wilkes and Horne. He w’as the original editor of The Morning Chronicle \ whence being outled for negledl, he let up a new’ one in oppofition. He tranflated in a very able manner the Emilius and the Eloifa of RouSTeau 5 the Elements of the Hiftory of England, by Milot (to injure, if pollible, a translation o{ the fome work by Mrs Brooke) ; and produced feveral dramatic performances, together with an infinite vai ie y of publications both original and translated. To him alfo the public are indebted for the collection (imp. r- feft as it is) of the Poetical works of Robert L oyd, M. A. 1774, 2 vols 8vo Dr Kenrick, died June 9. *777* KENSINGTON, a village of Middlefex, on the weftern road from London, near two miles from Hyde- Pa;k Corner. It is extremely populous ; and befides the palace, now negleCted, contains many genteel houfes and feveral boarding fchools. The palace, which w’as the feat of the lord chancellor Finch, af¬ terwards earl of Nottingham, was purchased by Kmg William j who greatly improved it, and cauled a royal 3 K road KEN Kenfing- ton, Kent. [ 442 ] KEN road to be made to it, through St James’s and Hyde Parks, with lamp polls eredted at equal diftances on each fide. Queen Mary enlarged the gardens. Her filler Queen Anne improved what Mary had begun $ and was fo pleafed with the place, that file frequently fupped during the fummer in the greenhoufe, which is a very beautiful one : but Queen Caroline completed the defign by extending the gardens from the great road in Kenfington to Adlion j by bringing 'what is calied the Serpentine river into them ; and by taking in fome acres out of Hyde Park, on u;hich file caufed a mount to be eredled, with a chair on it that could be eafily turned round for Ihelter 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 country fouth and well. They were originally defigned by Kent, and were afterwards much improved by Brown ; and though they contain no linking beauties, which their flat fituation will not admit, yet they have many pleafing parts, and afford much delight to the inhabitants of London, particu¬ larly to thofe whofe profeflions will not allow of fre¬ quent excurfions to more dillant places. Thefe gar¬ dens, which are three miles and a half in compafs, are kept in great order. The palace indeed has none of that grandeur which ought to appear in the refidence of a Britifh monarch 5 but the royal apartments are noble, and fome of the piftures good. It was at this place King William, Prince George of Denmark, Queen Anne, and King George II. died. The old church w'as 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, Weftminfter. The population of Kenfington in 1801 was eftimated at 8556. KENT, one of the counties of England, fituated at the fouth-eafi: corner of the ifland, and from thence enjoying many advantages. The capacious aeftuary of the Thames wafhes its northern parts, as the fea does the fouth-eaft ; whence fome with no great impro¬ priety have ftyled 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 ; and almoft exadlly equal to that of Modena in Italy Kent is, •with great appearance of truth, fuppofed to be fo ftyled from the ancient Britith word kant, fignifying a corner, or, when applied to a country, a head-land. It is certain, that the Romans beftowed the name of Cantium on the province, and on its moft confpicueus promontory the North Foreland ; and from the diftridl 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 however probable, that thefe Cantii were not the ori¬ ginal inhabitants, but a later colony from thje'bppo- fite continent, eftablifiied here, like the Belgae, 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, Campbell's kingdoms. It was his obfervatien of thefe people, that Political ^py were particularly diftinguilhed by their civility and politenefs ; a charafter which their defendants have preferved. When that wife people became ma- Hhirney. fters of the fouthern parts of the ifiand, this province received the moft confpicuous marks of their attention,v as appears from the Rations which they fo prudently eftablilhed, while their government fiourilhed in its full vigour. The care they took of the ports on the fea coaft as foon as it came to be in danger, and the feveral fortreffes which they ere & fed for the defence of their fubje&s againft the fudden attempts of barba¬ rous invaders, are evidences of the fame kind. Thefe forts, fo prudently difpofed, and fo well fecured, were under the direction of a particular great officer, called Littoru Saxonici Comes, i. e. the count of the Saxon ffiore 5 which office feems to have been preferved by the Britiffi monarchs who governed here, after the Ro¬ mans quitted the ifle. The Saxon kings of Kent dif- charged this truft in their legal capacity, from th® middle of the fifth to the beginning of the ninth cen¬ tury. Under the northern princes, this poll was 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 5 as appears 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 fiat lands, and efpecially in the marffies, the air is heavy, moift, and unhealthy j and yet not to fuch a degree as it has been fometimes reprefented ^ for, with a little care and caution, ftrangers, as well- as natives, quickly reconcile their conftitutions to the temperature even of thefe parts, and live in them without much inconveniency or apparent danger. But, in reference to the reft of the county, the air is as thin, pure, and wholefome, 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 Afire are any of thefe foils more fertile than they are in this. The Weald yields vaiiety of fine tifnber, particularly of chefnut \ the middle part has very rich arable land, annually bearing every fpecies of grain in immenfe 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 deferip- tion very eafily collect, that the natural products 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, which turns to fomc advantage 5 but not fo much as their exquifite fullers earth, rich marl, and fine chalk, which are there in abundance. If wre except iron ore, indeed they have no mines ; but there are prodigious heaps of copperas ftones thrown on the coaft. The ifle of Sheppey, and all the adjacent ffiore as far as Reculver, is juitly fa¬ mous for its wheat. Thanet is in no lefs credit for its barley, or rather was fo; for now it produces, through the painful induftry and Ikilful huffiandry of its inha¬ bitants, copious crops of good wheat as well as bar¬ ley* Kent, KEN [ 443 1 KEN Kent. ley. Horfes, black cattle, and fheep, they have in great u—-y—numbers, and remarkable in point of lize $ 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 ; alfo madder, which is, or has been, occaiionally cultivated. The rivers and fea coafts abound with fiflr of different kinds. The excellency of its oyfters on the eaftern flrores is cele¬ brated by the Roman poets. Thofe of Feveriham and Milton are not only in great efteem at the London market, but are likewife fent in great quantities to Holland. The many rich commodities produced in this coun¬ ty, is the reafon why mod of our writers have repre- fented it as in a manner void of manufactures •, which, however, as appears upon a ftri£t and impartial exami¬ nation, is very far from being the cafe. Of iron works there w'ere anciently many ; and there are dill 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 im¬ provers and one of the mod public fpirited perfons this nation ever bred, introduced feveral other inventions. Copperas was alfo formerly made, together with brim- jPhilofoph. done, in the ifle of Sheppeyf. But the original and Tranjatt. for many ages the principal manufadture of this county N° xhi. was broa(} doth of different colours, edablifhed chiefly t’ at Cranbrook by King Edward III. who brought over Flemings to improve and perfedl (the trade being in¬ troduced long before) his fubjefts in that important art. At this and other places it flouriftied fo much, that even at the clofe of Queen Elizabeth’s reign, and according to fome accounts much later, the bed for home con- fumption, and the larged quantities for exportation, were wrought here •, many fulling mills being eredled upon almod every river, and the greated plenty of ex¬ cellent fullers earth affording them Angular aflidance j infomuch that it is dill a tradition, that the yeomanry of this county, for which it has been ever famous, w'ere modly the defcendants of rich clothiers, who laid out the money acquired by their indudry in the purchafe of lands, which they tranfmitted, with their free and Independent fpirit, to their poderity. Tire duke of Alva’s perfecution of the Protedants in the Low Coun¬ tries drove a multitude of Walloons over hither, who brought with them that ingenuity and application for which they had been always didinguifhed. Thefe di¬ ligent and aflive people fettled a manufactory of flan¬ nel or baize at Sandwich. By them the filk looms were fet up at Canterbury, where they dill fubfid ; and they alfo introduced the making of thread at Maiddone, where it yet remains, and merits more notice and en¬ couragement than hitherto it has met with. UP on the river Dart, at the confluence of which with the Thames dands the town of Dartford, was fet up, in the reign of Queen Elizabeth, the fird 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 fendbly bedowed 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 manufaCIure. A- bout the year 1590, Godfrey Box, a German, erecteu Lent upon the fame river the fird flitting mill which was ^ ever ufed for making iron wire 5 and alfo the fivfl bat- C tory mill for making copper plates. Other new in¬ ventions, requiring the aflidance of water, have been fet up on other dreams; and a great variety of ma¬ chines of this fort dill fubfid in different parts of this county. But thefe things are now fo common, that it would be both tedious and uielefs to infid upon them. Amongd thefe, we may reckon the making gunpowder in feveral places. That manufacture, how¬ ever, which is nowr the glory of this county, and in¬ deed of Britain, is {hip-building 5 more efpecially at the royal yards j as at Woolwich, which was fettled by Henry VIII. and fome confiderable fhips built there. At prefent, there is not only a mod complete, edablidiment for the building and equipping men of war, a rope w'alk, foundery, and magazines j but alfo many private docks, in which prodigious bufmefs 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 land banks off the coad of Kent, fitu- ated between the North and South Foreland. As they run parallel with the coad for nine miles together, about feven miles and a half from it, they give fecurity to that extenfive coad, the Downs j for while the land flickers (hips with the wind from fouth-wed to north- wed only, the force of the fea is broken by thefe fands when the wind is at ead-fouth-ead. The mod dan¬ gerous wind when blowing hard in the Downs, is the fouth-fouth-wed. The fpace they occupy was formerly a large tra£l of low ground, belonging to Godwyn earl of Kent, father of Harold II. ; and being afterwards enjoyed by the monadery of St Augudine at Canter¬ bury, the whole traft was drowned by the abbot’s ne~ gleft to repair the wall which defended it from the fea. This happened in the year 1100. Many veffels have been wrecked upon them. They lie ead from the Downs, four miles and a half from South Foreland. KENTIGERN, St, or St Muisgo, a famous faint of the Popifli church, who flouridied in Scotland in the fixth century, faid to have been of the royal blood of both Scots and Pifts, being the fon of Thametis, the daughter of Loth king of the Piets, 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 affection of his tutor St Serf or Servanus, bifhop of Orkney, who called him Mongah, which in the Norwegian language, fignifies dear friend. KENTISH TOWN, a village of Middlefex, three miles north of London, near Hampdead, much impro¬ ved of late by feveral handfome houfes belonging to the citizens of London, &c. A new chapel has lately been eredted here. KENTUCKY, a province of North America, be¬ longing at prefent to the date of Virginia, but propofed foon to be admitted into the union as an independent date. It is fltuated between 36° 30' and 390 30' north latitude, and 8° and 150 wed longitude j being 250 miles in length, and 200 in breadth. It is bounded north-weft by the river Ohio j weft, by Cumberland 3 K 2 river 5 KEN [ 444 ] KEN Kentucky, river j fouth, by North Carolina ; eaft, by Sandy ri- Vj""' v ~'"u ver, and a line drawn due fouth from its fource till it ftrik.es the northern boundary of North Carolina. Kentucky was originally divided into two counties, Lincoln and Jefferlon. It has fince been fubdivided in¬ to feven, viz. Jefferfon, Fayette, Bourbon, Mercer, Nelfon, Maddifon, and Lincoln. Lexington is the chief town. Th e river Ohio wafties the north weftern fide of Ken¬ tucky, in its whole extent. Its principal branches which water this fertile trad! of country, are Sandy, Licking, Kentucky, Salt, Green, and Cumberland rivers. Thefe again branch, in various direftions, into rivulets of different magnitudes, fertilizing the country in all its parts.—Ihere are five noted fait fprings or licks in thb country, viz. the higher and lower Blue Springs on Licking river, from feme of which, it is faid, iffue ftreams of brinifh water ; the Big Bene lick, Drennon’s licki, and Bullet’s lick at Saltfburg. The laft of thefe licks, though in low order, has fupplied this county and Cumberland with fait at twenty (hil¬ lings the bufhel, Virginia currency ; and fome is ex¬ ploited to the Illinois country. The method of procur¬ ing water from thefe licks is by finking wells from 30 to 40 feet deep. The water drawn from thefe wells is more ftrongly impregnated with fait than the water from the fea. This whole country, as far as has yet been difeover- ed, lies upon a bed of limeftone, which in general is about fix feet below the furface, except in the valleys, where the foil is much thinner. A trad! 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 afcending and defeending at no great diftances. 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 bufltels of good corn an acre. In common the land will produce 30 bufhels of wheat or rye an acre. Barley, oats, cotton, flax, hemp, and vegeta¬ bles of all kind- 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 p aces in the neighbourhood of ponds and low' grounds excepted. The inhabitan's do not experience the extremes of heat and cold. Snow feldom falls deep or lies long. The winter, which be¬ gins about Ch rift mas, is never longer than three months, and is commonly but two, and is fo mild as that cattle can ftibfift without fodder. It is impoffible to afcertain wuth any degree of accu¬ racy the prefent number of inhabitants, owing to the nume 1 ous acceffions which are made almoft every month. In 1783, in the county of Lincoln only, there were on the militia rolls 3370 men, chiefly emigrants fjrom the lower parts of Virginia. In 1784, the num¬ ber of inhabitants was reckoned at upwards of 30,000.Kentucky. I*rom the accounts of their aftoniftung increafe fince, v—1 we may nowr fafely eftimate them at 100,000. It is afferted that at leaft 20,000 migrated here in the year 1787. 1 hefe people, colledled from different ftates, of different manners, cuftoms, religions, and political fen, timents, have not been long enough together to form a uniform and diftinguiihing charadter. Among the let- tiers there are many gentlemen of abilities, and many genteel families from feveral of the ftates, who give dig¬ nity and refpt (Stability 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 fedl in Kentucky. In 1789 they had 16 churches eftablifhed, befides feveral congregations w here churches were not conftituted. Thefe were fupplied with up¬ ward-. of 30 minifters or teachers. There are feveral large congregations of Prefbyterians, and fome few of other denominations. j he legiflature of Virginia have made provifion fur a college in Kentucky, and have endowed it with very confiderable landed funds. Schools are eftablifhed in the fevernl towns, and in general regularly and hand- fomely fupported. They have a printing office, and publiffi a weekly gazette. They have ere died a paper- mill, an oil-mill, fulling-mills, faw-mills, and a great number of valuable grift-mills. Their fait works are more than fufficient to fupply all the inhabitants at a low price. 1 hey make confiderable quantities of fugar from the fugar trees. Labourers, particularly tradef- men, are exceeedingly w anted here. I he firft w hite man who difeovered this province was one .Tames Macbride, in the year 1754. From this period it remained unexplored till about the. year 1767, when one John Finley and fome others, trading with the Indians, fortunately travelled ever 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, w ho conceiving it to be an interefting objeft, agreed 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 at length arrived upon its borders ; and from the top of an eminence, with joy and wonder deferied the beauti¬ ful landfcape of Kentucky. Flere 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 thtir difeoveries. But in fpite of this promifing be¬ ginning, this company meeting with nothing but hard- fti ps and adverfity, grew exceedingly diffieartened, 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 gentlemen held a treaty with the Cherokee In¬ dians at Vvataga in March 1775, and then purchafed frotu. K E P T 44 Kentucky, from them tlie lands lying on the fouth fide of Ken- Kepler. tucky river for goods at valuable rates, to the amount U—^ of 6000L fpeeie. Soon after this purchafe, the ftate of Virginia took the alarm, agreed to pay the money Colonel Donald- fon had contratted for, and then dilputed Colonel Henderfon’s right of purchafe, as a private gentleman of another ftate in behalf of himfelf. However, for his eminent fervices to the country, and for having been indrumental in making fo valuable an acquifition to Virginia, that ftate was pleafed to reward him with a traft 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 \ alley. This region was formerly claimed by various tribes of Indians ; whofe title, if they had any, originated in fuch a manner as to render it doubtful which ought to poffefs it. Hence this fertile fpot became an objeft of contention, a theatre of war, from which it was pro¬ perly denominated the Bloody Grounds. Iheir con¬ tentions not being likely to decide the right to any par¬ ticular tribe, as loon as Mr Henderfon and his friends propofed to purchafe, the Indians agreed to fell j and notwithftanding the valuable confideration they receiv¬ ed, have continued ever fince troublefome neighbours to the new fettlers. The progrefs in improvements and cultivation which has been made in this country, almoft exceeds belief. In the period of eleven years from the time that Ken¬ tucky was covered with forefts, and inhabited only by wild beafts, and notwithftanding the oppolition of the weftern Indians, (he exhibits an extenftve fettlement, divided into feven large and populous counties, in w hich are a number of flourilhing little towns, containing more inhabitants than are in Georgia, Delaware, or Rhode 111 and ftates ; and nearly as many as in New Hamplhire. KEPLER, Johnt, one of the moft eminent aftrono- mers who have appeared in any age, was born at Wit 1 on the 27th of December 1571. His father’s name was Henry Kepler, an officer of diftin&ion 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 knowledge, that he furmounted every difficulty, and his proficiency w;as aftonifhing. He ftudied at the univerfity of Tubingen, where he ob¬ tained the degree of bachelor in the year 1588, and that of mailer of philofophy in 1591. In the year 1592 he applied himfelf to the ftudy of divinity •, and 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 diftinguilhed reputation, that he was invited to Gratz in Styria in the year 1594, to fill the mathematical chair in the univerfity of that city. After this period his chief attention was dire&ed to the ftudy of aftronomy, and he made many interefting difcoveries refpe&ing the laws of planetary motions. Two years after his marriage with a lady defcended from a noble family, perfecution on account of his reli¬ gion compelled him to quit Gratz, to which he was af¬ terwards recalled by the ftates of Styria. The calatni- 3 5 1 K E P ties of war, however, induced him to look for a refi- Kepler, dence where he might enjoy greater fafety and tranquil- v “ lity. During this uncomfortable fituation of affairs, the celebrated Tycho Brahe ftrongly urged him to fettle in Bohemia as his affiftant, where he himfelf had every ne- ceffary requifite furniffied to him by the emperor Ro- dolph for the profecution of his aftronomical Rudies. The numerous and urgent letters which Kepler receiv¬ ed upon this fubjedl, and folemn affuvances that he fliould be introduced to the emperor, at length prevail¬ ed with him to leave the univerfity, and iettle in Bohe¬ mia with his family in the year 1600. On his way to that country he was feized w ith a quartan ague, which afflicted 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 conduct: of this aftronomer towards him, and thought that he behaved in an unfriendly manner, by ntglefting to do a material fervice to his family when he had it in his power. Kepler alfo con- fidered him as by far too referved, in not communicating to him the whole of his difcoveries and improvements. The death of Tycho happened in 1601 j and thus the intercourfe between thefe two eminent men beingof fuch fhort duration, precluded Kepler either from being very ferviceable to, or deriving much advantage from, the inveftigations and refearches of the Daniih aftronomer. Kepler, however, was introduced to the emperor by Tycho, in conformity to his promife, and appointed mathematician to his imperial majefty, with inftruftions to complete the Rodulphine TL ables which that great man had begun. Theie were not publiffied till the year 1627, owing to a variety of obftruftions and diffi¬ culties which were thrown in his wray. iwo years af¬ ter the publication of this work, he went to Ratifbon, by permiffion of the emperor, to claim payment of the arrears of his penfton, 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 v.ftim 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 was feized w ith 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 ftiall readily be difpofed to overlook thefe, when we reflect that they were the means of leading him to the moft interefting difeoveries. Pie was for feme time lo charmed with the whimfical notions contained in his Mystenum Cofmo- graphicum, publiftied in 159^5 that he declared he w ould % not give up the honour of having invented what was contained in that book for the deflorate of Saxony ;—■ 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, ftnce each of them moves in an ellipfis, having one of its foci in the fun ; and, after a variety of fruitlefs efforts, he, on the 15th of May 1618, made his Iplendid dtfc every “ that the fquares of the periodic times of the planets were al¬ ways K E R [ 4, ICepier ways in the fame proportion as the cubes of their mean ,Ferckr n ^^ances from fun.” As it was long a favourite » '' ~ opinion of Kepler’s, that there are only lix 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 doctrines con¬ tained in his Mysterium Cofmographicum. T he fagacity of this wonderful man, and his incefl’ant 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 \ 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 j but his notions of the laws of motion not being accu¬ rate, he could not turn his thoughts to the befl advan¬ tage. The predidtion 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 fueh 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 ftiall now' add a lift of his principal publications. My- Jlerium Cofmographicum, already mentioned, 410 ; Pa- ralipomena ad Vitelhonem, quibus AJlrotiomicz Pars Op¬ tica traditur, 1604, 410 j De Stella Nova in Pede Ser- pentarii, 1606, 4to j AJlronomia Nova, feu Physica Cce- lefis, tradita Cotnmentariis de Motibus Stellce Mortis, ex Obfervationibus Tyconis Brahei, 1609, folio ; Differta- tiones cum Nuncio Sidereo Galilei, 1610; De Cometis, Ubn tres, 1611, 4^° j Ephemerides Novce, from i6iy to 16205 Epitome Afronomice Copernicance, in two vo¬ lumes 8vo, the firft publilhed in 1618, and the fecond in 16225 PI or monk cs Mundi, lib. v. 1619, 4105 Chi- has Logarithmorum in totidem numeros rotundas, 1624, 4to> Supplementum Chiliadis, &c. 1625, 4^5 Tabulce Rodolphince, 1627, folio 5 De Jefu Chrfli Ser- vatoris anno natalitio, &c. He was alfo the author of feveral other pieces connected with chronology, the menfuration of folids, and trigonometry, with a treatife on dioptrics, an excellent performance for the period in which he flourilhed. KERATOPHYTUM, in NaturalHifory, a fpecies of Gorgonia.—The keratophyta have been called the frutices coralloides, or fea Ihrubs 5 and are generally known among naturalifts by the different appellations of lithophyta, litlioxyla, and keratophyta.—See Gorgo- nia, 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 out the fecret of foftening amber without depriv¬ ing it of its tranfparency 5 and made ufe of it in cover¬ ing the bodies of curious infers in order to preferve them. He was a member of the Royal Society of Lon¬ don, and died in 1693 at Hamburgh, where he had fpent the greateft part of his life, with the title of reft- dent of the grand duke of Tufcany. His principal works are, 1. Spicilegmtn anatomicum. 2. Anthropogenic^ ich- nographia. There is alfo attributed to him an anato¬ mical work, printed in 1671 in folio. 4.6 ] -K E Ft KERI Cetib, are various readings in the Hebrew Ken Bible 5 ken fignifies that which is read 5 and cetib that li which is written. For where any fuch various readings ^eu-'‘ 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- redions were introduced by Ezra 5 but it is moft pro¬ bable, that they had their original from the miftakes of the tranfcribers after the time of Ezra, and the ob- fervations and corredions 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 5 and this affords a prefumption, that the others are of late date. Thofe words amount to about 1000 5 and Hr Kennicott, in his Dffertatio 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. 56. 30. N. Lat. 30. o. The province lies in the fouth part of Perfia, on the Perfian gulf. The fheep of this country, to¬ wards the latter end of the fpring, fired their wool, and become as naked as fucking pigs. The principal re¬ venue of the province confifts in thefe fleeces. KERMES, in Zoology, the name of an infed pro¬ duced in the excrefcences of a fpecies of the oak. See Coccus. KERMES 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 Irilh mili¬ tia, fignifying afoot foldier. Camden tells us, the ar¬ mies of Ireland confifted of cavalry, called galloglajfes; and infantry, lightly armed, called kernes.—The kernes bore fwords and darts 5 to the laft were fitted cords, by which they could recover them after they had been launched out. Kernes, 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 Atlan¬ tic ocean on the weft. The beft town in it is Dingle, fituated 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 mountains, which, though remarkably wild, produce a great number of natural euriofities. It contains 636,9°5 Irilh plantation acres, 84 parilhes, 19,400 houfes, and about 107,000 inhabitants. It is about 57 miles long, and from 18 to 40 in breadth, and lies within N. Lat. 51. 30. and 52. 24. 5 the lon¬ gitude at the mouth of Kenmare river being io° 33^ weft, or 42' 20,/ difference of time with London. It is the fourth county as to extent in Ireland, and the fecond in this province 5 but in refpedl to inhabitants and culture doth not equal many fmaller counties. In it there are two epifeopa! fees, which have K E S r 447 1 K E W have been annexed to the bHhopric of Limerick fince the year 1660, viz. Ardfert and Aghadoe. J he fee of Ardfert was anciently called the diocefe of Kernj, and its bilhops were named bilhops of Kernj. Few mountains in Ireland can vie with thofe in this county for height j during the greater part of the year their fides are obfcured by fogs, and it muft be a very fe- rene day when their tops appear. Iron ore is .to be had in great plenty in moft of the fouthern baronies. The principal rivers are the Blackwater, Feale, Gale, and Brick, Cafhin, Mang, Lea, Fleik, Laun, Carrin, Far- tin, Inry, and Roughly ; and the principal lake is Killarney. There are feme good medicinal waters difeovered in this county 5 particularly Killarney wa¬ ter, Iveragh Spa, Fellofwell, Dingle, Caitlemain, and Trallee Spas, as alfo a faline fpri.ng at Maherybeg. Some rare and ufeful plants grow in Kerry, of which Dr Smith gives a particular account in his hiitory of that county. KERSEY, a kind of coarfe woollen cloth, made chietly in Kent and Devonlhire. KESITAH. This word is to be met with in Gene- fis and in Job, and is tranllated in the Septuagint and Vulgate “ (heep or lambs But the Rabbins and mo¬ dern interpreters are generally of opinion, that kefitah lignifies rather a piece of money. Bochart and Eugu- binus are of opinion the Septuagint meant mina-, and not lambs : in Greek hecatom’ion, Umro^vav, inltead of bcetrav ap'/nv. Now a mina was worth 60 Hebrew Ihe- kels, and confequently 61. 16s. lo-t-d. fterling. M. rie Pelletier of Rouen is of opinion, that kefitah was a Perfian coin, ftamped on one fide with an archer (Keji~ tah, or Ke/eth, in Hebrew fignifying “ a bow”), and on the other with a lamb; that this was a gold coin known in the eaft by the name of a da''ic. Several learned men, without mentioning the value of the ktfilah, fay it was a filver coin, the impreffion whereof was a {heep, 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 eaft they reckon at prefent by purfes. The word kijla in Chaldee fignifies “ a rneafure, a veffel.” And Euftathius fays, that kifta is a Perfian meafure. Jonathan and the Targum of Jerufalem tranflate kefitah “ a pearl.” (Gen. xxxiii. 19. Job xlii. II ). Or 9I. Englilh, fuppofing, as Dr Prideaux does, that a fhekel is worth 3s. A daric is a piece of gold, worth, as Dr Prideaux fays, 25s. Eng- liih. KESSEL, a town of Upper Guelderland, in the Netherlands, with a handfome caflle. 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 wa* ceded to the king of Pruflia by the treaty of Utrecht. E. Long. 6. 13. N. Lat. 4 f. 22. KESSELDORF, a village of Germany, in the cir¬ cle of Upper Saxony, three miles below DrefJen, re¬ markable for the battle gained by the king of Pruflia over the Saxons, on the 15th of December 1745* KESTREL, the Engiifti name of a hawk, called alfo the fiannel and the vo ndhover, and by authors the tinninculus and chenens. It builds with us in hollow oaks, and feeds on partridges and other birds. See Falco, Ornithology Index. KESWICK, a town of Cumberland, fituated on the fide of a lake in a fruitful plain, almoft encompafled Kefwick with mountains, called the Derwent Fells. It was for- merly a town of good note, but now is much decayed, However, it is ftill noted for its mines and miners, who have a convenient fmelting-houfe on the fide of the ri¬ ver Derwent, the ftream of which is fo managed as to make it work the bellows, hammers, and forge, as alfo to law boards. There is a workhoufe here for employing the poor of this parifti and that of Crofs- thwait. W. Long. 3. o. N. Lat. 54. 30. KETCH, a veffel equipped with two mails, viz. the main-maft and mizen-maft, and ufually from 100 to 250 tons burden.— Ketches are principally ufed as yachts or as bomb veffels j the former of which 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 veffel of war j and indeed this reinforce¬ ment is abfolutely neceffary to fuftain the violent ftiock produced by the difeharge of their mortars, which would otherwife in a very ftrort time fliatter them to pieces. KETTLE, in the art of war, a term the Dutch give to a battery of mortars, becaufe it is iunk under ground. Kettle D’-ums, are formed of two large bafins of copper or brafs rounded at the bottom, and covered over with vellum or goat fkin, which is kept fall by a circle of iron, and by feveral holes faftened to the body of the drum, and a like number of ferews to ferew up and down, and a key for the purpofe. 1 he twro bafins are kept faft together by two ftraps of leather which go through two rings, and a e faftened the one before and the other behind the pommel of the kettle drum’s faddle. They have each a banner of filk or damafk, 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. 1 he drumfth ks are of crab-tree or of any other hard wood, of eight or nine inches long, with two knobs fin the ends, which beat the drum head and caufe the found. 1 he kettle¬ drum with trumpets is the moft martial found of any. Each regiment of horfe has a pair. KETTLE Drummer, a man onhorfeback appointed to ! beat the kettle drums, from which he takes his name. He marches always at the head of the iquadron, and his poft is oh the right when the fquadron is drawn up. KEVELS, in Sh fx building, a frame composed of two pieces of timber, whole lo - er ends reft in a fort of ftep or foot, nailed to the (hip’s fide, from whence the upper ends branch outward into arms or horns, fer- ving to belay the gnat 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 er<: (Red at the expence of leveral of the nobility and gentry in the neighbourhood, on a piece of ground that was given for that purpofe by the late Queen Anne. Here the late Mr Molineaux, lecretary t» Kew II Kev. KEY [ 448 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 j now occupied by his pre- fent majeity, who has greatly enlarged the gardens, and formed a junction with them and Richmond gar¬ dens. The gardens of Kew are not very large, nor is their fituation by any means advantageous, as it is low and commands no profpefts. Originally the ground was one continued dead fiat ; the foil was in general barren, and without either wood or water. With fo many difad vantages it was not eafy to produce any thing even tolerable in gardenings but princely muni¬ ficence, guided by a dire&or equally {killed in culti¬ vating the earth and in the politer arts, overcame all difficulties. What was once a defert is now an Eden. In 1758, an aft pafled for building a bridge acrofs the I hames to Kew Green, dnd a bridge was built of eleven arches; the two piers and their dependant arches on each fide next the fhore, built of brick and Rone ; the intermediate arches entirely wood 5 the centre arch 50 feet wide, and the road over the bridge 30. But this bridge was taken down, and in its place a very elegant one was eredted and completed about the year 1791. KEXHOLM, that part of Finland which borders upon Ruffia. I he lake Ladoga crolfes it, and divides it into two parts. By the treaty between Ruflia and Sweden in 1721, the Swedes were obliged to abandon the belt part to the Ruffians. The country in general is full of lakes and marffies, thinly inhabited, and bad¬ ly cultivated. Ihe lake above mentioned is 120 miles in length, and full of fiffi. Kexholm, or Care/gorod, a town of Ruffia in a territory of the fame name, not verv large, but well fortified, and has a ftrong caftle. The houfes are built with wood. It formerly belonged to the Ruf¬ fians, after which the Swedes had poffeffion of it for a whole century ; but it was retaken by the Ruffians in 1710. Near it is a confiderable falmon fithery. It is feated on two ifiands 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, Be c/avibus vetc- rum, printed at Upfal : he derives the Latin name da- visy from the Greek xAsny, claudo, “ I {hut,” or from the adverb clam, “ privately j” 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 fecured their doors : but the Laconic keys, he main¬ tains, were nearly akin in ufe to our own j they confift- ed of three Angle teeth, and made the figure of an E ; of which form there are ftill fome to be feen in the ca¬ binets of the curious. I here was another key called SacAavasygat made in the manner of a male ferew j which had its correfponding female in a bolt affixed to the door. Key is hence ] K E Y become a general name for feveral things ferving to ihut up or clofe others. See the article Lock. Key, or Key-fione, of an Arch or Vault, is the laft ftone placed a-top thereof • which being wider and luller at the top than bottom, wedges, as it were, and binds all the reft. Ihe key is different in the differ¬ ent orders: in the Tufcan and Doric it is a plain ftore only projecting j in the Ionic it is cut and waved fomewhat after the manner of confoles ; in the Corin¬ thian and Compofite it is a confole enriched with fculp- ture, foliages, &c. ' ^ Key is aifo ufed for ecclefiaftical jurifdiftion j 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 ihut paradife a- he • pleafes j grounding their opinion on that exprt ffion of Jefus Chriil to Peter, “ I will give thee the keys of the kingdom of heaven.” In St Gregory we read that is was the cuftom heretofore for the popes to fend a golden key to princes, wherein they inclofed a little of the filings of St Peter’s chains kept with a world of devotion at Rome j and that thefe keys were worn in the bolom, as being fuppofed to contain fome wonder¬ ful virtues. Key is aifo ufed for an index or explanation of a ci¬ pher. See Cipher. Kei a of an Organ, Harp/ichord, &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, lome to play the fecondary organ, fome for the main body, feme for the trumpet, and fome for the echoing trumpet, &c. : in fome there are but a pai t 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 %uay, 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 fliips. It is accordingly furniflied with pofts and rings, whereby they are fecured j to¬ gether with cranes, capfterns, and other engines, to lift the goods into or out of the veffels which lie along- fide. ° The verb ccjare, 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 pofts. Keys are aifo certain funken rocks lying near the furface of the water, particularly in the Weft Indies. KEYNSHAM, a town of Somerfetffiire, 116 miles from London. It is a great thoroughfare in the lower road between Batn and Briftol, I hey call it prover- bially frnohy Keynfham, and with equal reafon they might call ^foggy. It has a fine large church, a ftone bridge of 13 arches over the Avon to Gloucefterfliire, and another over the river Chew. Its chief trade is malting. It has a charity fcliool, a weekly market, and three fairs. KEYSER’s Pills, a celebrated mercurial medicine, the method of preparing which was purchafed by the French Key il Key fees phis. K I A [ 449 ] K I D K-iang-nan. Keyfer’s Frencli government, and was afterwards publifhed by Pills Richard. It is the acetate of mercury. See CHE¬ MISTRY and Materia Medica Index. KEYSLER, John George, a learned German antiquarian, was born at Thournex in 1689. After ftudying at the univerfity of Halie, he was appointed preceptor to Charles Maximilian and Chriltian 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 illultrating feveral monuments of antiquity, particularly fome fragments ef Celtic idols lately difcovered in the cathedral of Paris. Having acquitted himfelf of this charge with great honour, he procured in 17*6 the education of two grandfons of Baron Bernltorff, firft minifter ef Rate to his Britannic majefty as eleftor of Brunfwick Lu¬ nenburg. However, obtaining leave in 1718, to vifit England, he was elected a fellow of the Royal Society for a learned effay De Dea Nehelennia, numine vet (rum Walachorum topico; he gave alfo an explanation of the ancient monument on Salilbury plain called Stonehenge, with a diflertation on the Confecrated Mifletoe of the Druids. Which detached effays, with others of the fame kind, he publithed on his return to Hanover, un¬ der the title of Antiquitatesfcleftce Scptcntnonales et Cel- ticce, &c. He afterwards made the grand tour with the young barons, and to this tour we owe the publi¬ cation of his travels *, which were tranflated into Eng- lifli, and publifhed in 1756, in 4 volumes, qto. Mr Keyiler on his return fpent the remainder of his life under the patronage of his noble pupils, who committed their fine library and mufeum to his care, with a hand- fome income. He died in 1743* KIAM, a great river of China, which takes its rife near the weftern frontier, crofles the whole kingdom eaftward, 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 weft by Hou- quang, on the fouth by Quang-tong, and on the eaft by Fo-kien and Tche-kiang. The country is extreme¬ ly fertile ; but it is fo populous that it can fcarcely fupply the wants of its inhabitants : on this account they are very economical ; which expofes them to the farcafms and raillery of the Chinefe ©f the other pro¬ vinces : however, they are people of great folidity and acutenefs, and have the talent of rifmg rapidly to the dignities of the ftate. The mountains are covered with fimples j 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 with it every year for the court. The porcelain made here is the fineft and moft valuable of the empire. This pro¬ vince contains 13 cities of the firft clafs, and 78 of the fecond and third. KlANG-nan, a province of China, and one of the moft fertile, commercial, and confequently one of the richeft in the empire. It is bounded on the weft by the provinces of Ho-nan and Hou-quang •, on the fouth by Tche-kiang and Kiang-fi •, and on the eaft by the gulf of Nan-king : the reft borders on the province of Chang-tong. The emperors long kept their court in this province j but reafons of ftate having obliged them to move nearer to Tartary, they made choice of VOL. XI. Part II. Kiddermin- fter. Pe-king for the place of their refidence. This pro- Kiang-nan vince is of vaft extent j it contains fourteen cities of the firft 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 fluffs, lacquer ware, ink, paper, and in general every thing that comes from Nanking, as well as from the other cities of the province, arer much more eftcemed, and fetch a higher price, than thofe brought from the neighbouring provinces. In the village of Chang-hai alone, and the villages de¬ pendent on it, there are reckoned to be more than 200,000 weavers of common cotton cloths. The ma- nufadturing of thefe cloths gives employment to the greater part of the women.—In feveral places on the fea coaft there are found many fait pits, the fait of which is diftributed all over the empire. In ihort, this province is fo abundant and opulent, that it brings e- very year into the emperor’s treafury about 32,000,000 taels (or ounces of filver), exclufive of the duties upon every thing exported or imported. The people of thia country are civil and ingenious, and acquire the fciences with great facility : hence many of them become emi¬ nent in literature, and rife to offices of importance by their abilities alone. This province is divided into two parts, each of which has a diftirift governor. The governor of the eaftern part refides at Sou-tcheou-fou, that of the weftern at Ngan-king-fou. Each of thefe governors has under his jurifdiftion feven fou, or cities of the firft clafs. KIBURG, a town of the canton of Zurich in Swit¬ zerland, with a caftle 5 feated on the river Theoff, in E. Long. 8. 50. N. Lat. 47. 20. KID, in Zoologij, the name by which young goat? 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 inftalled dean of Peterborough j and, in 1691, was nominated to the biffiopric of Bath and Wells, in the room of Dr Thomas Ken, who had been deprived for not taking the oaths to King William and Queen Mary. He publiffied, 1. The young man’s duty. 2. A demonftration of the Meffiah, 3 Vols 8vo. 3. A com¬ mentary on the five books of Mofes, 2 vols 8vo $ and feveral other pious and valuable tradts. He was kill¬ ed with his lady in his bed by the fall of a ftack of chimneys, at his houfe in Wells, during the great florin in 1703. The bilhop, in the differtation prefixed to his commentary on the five books of Mofes, having refiedted upon Monfieur Le Clerc, fome letters paffed between them in Latin, which are publilhed by Le Clerc in his Bibhotheque Choifte. KIDDERMINSTER, orKEDDERMiNSTER, a town of Worcefterffiire, feated under a hill on the river Stour, not far from the Severn, 128 miles from London. It is a large town of 1180 houfes, with about 6000 inha¬ bitants, who carry on an extenfive trade in weaving in various branches. In 1735 a carpet manufadlory was eftablifhed with fuccefs, fo as to employ in 1772 above 230 looms j and there are upwards of 700 looms em- 3 E ployed KID [ 450 ] K I L Kidtlcrmin-ployed j’n the filk and woriled. Above 1600 hands are employed as fpinners, &c. in the carpet looms only Kidnap- in the town and neighbourhood 5 upwards of 1400 are ping. employed in preparing yarn, which is ufed in different v *,' parts of England in carpeting ; and it is fuppofed not lefs than 2000 are employed in the 111k and worded looms in the town and neighbourhood. The lilk manu- fafture was eftablifhed in 1755. The town is remark¬ ably healthy, and has alfo an extenfive manufacture of quilting in the loom in imitation of Marfeiiles quilting. Here is a Prelbyterian meeting houfe ; and they have a handfome church, two good free fchools, a charity fchool, and two alms houfes, &c. The town is go¬ verned by a bailiff, 12 capital burgeffes, 25 common couneilmen, &c. who have a towm hall. The population in 1801 amounted to 6110. By the late inland na¬ vigation, it has communication by the junCtion of the Severn canal with the rivers Merfey, Dee, Kibble, Oufe, Trent, Darwent, Severn, Humber, Thames, Avon, &c. 5 which navigation, including its windings, extends above 500 miles, in the counties of Lincoln, Nottingham, York, Lancafter, Weftmoreland, Chef- ter, Stafford, Warwick, Leicefter, Oxford, Worcef- ter, &c. This parifh extends to Bewdley bridge, has a weekly market, and three fairs. W. Long. 2. 1 c. N. Lat. 52. 28. KIDDERS, thofe that badge or carry corn, dead victuals, or other merchandife, up and down to fell: every perfon being a common badger, kidder, lader, or carrier, &c. fays the flat. 5 Eliz. cap. 12. And they are called kiddiers, 13 Eliz. cap. 25. KIDDLE, or Kid EL, (Kide/lus), a dam or wear in a river with a narrow' cut in it, for the laying of pots or other engines to catch fifh. The v'ord is ancient j for in Magna Charta, cap. 24. we read, Omnes kidcilideponantur per Thamejiam et Med- 'ivetjam, et per totam /Ingliam, niji per cojleram rnaris. And by King John’s charter, power ivas granted to the city of London, de kideltis amovendis per Thamejiam et Medweyam. A furvey was ordered to be made of the wears, mills, flanks, and kiddels, in the great rivers °f England, 1 Hen. IV. Fifhermen of late corrupt¬ ly call thefe dams kettles ; and they are much ufed in Wales and on the fea coafts of Kent. KIDDINGTON, a town of Oxfordfhire, four miles from Woodftock, and 12 from Oxford. It is fituated on the Glym river, which divides the parifh in two parts, viz. Over and Nether Kiddington, in the latter of which Hands the church. This parifh 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 Idip, wherein he received baptifm. In Hill wood near this place is a Roman encampment in extraordinary prefervation, but little noticed. KIDNAPPING, the forcible abdu6tion or Healing away of man, woman, or child, from their own coun- try, and fending them into another. This crime was capital by the Jewifh law : “ He that ftealeth a man and felleth him, or if he be found in his hand, fhall * Toro*?. xxi.^urety k® Put to death So likewife in the civil law, 16. the offence of fpiriting away and ftealing men and children, which was called plagium^ and the offenders plagiarii^ was punifhed with death. This is unquef- I tionably a very heinous crime, as it robs the king of Kitlnap- his fubje£ts, banifhes a man from his country, and may Ping in its confequence be productive of the moft cruel and KiVn difagreeable hardihips •, and therefore the common law . of England has punifhed it with fine, imprifonment, and pillory. And alfo the ftatute 1 1 and 12 W. III. c. 7. though principally intended againit pirates, has a claufe that extends to prevent the leaving of fuch perfons abroad as are thus kidnapped or fpirited away ^ by ena£ting, that if any captain of a merchant Veffel fhall (during his being abroad) force any perfon on fhore, or wilfully leave him behind, or refufe to bring home all fuch men as he carried out, if able and defi- rous to return, he fhall fuffer three months imprifon¬ ment. KIDNEYS, in Anatomy. See Anatomy, N° ioi. KidneT-Bean. See Phaseolus, Botany Index. KIEL, a city of Germany, in the duchy of Hol- ftein, in the circle of Lower Saxony, and the refi- dence of the duke of Holrtein Gottorp. It has a eaflle, 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 fea called Kil/erwick, 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, Co/umniferce. See Bo¬ tany Index. KIGHLEY, a town in the w'dl riding of York- fhire, fix miles to the fouth-eaft of Skipton in Craven. It Hands in a valley furrounded with hills, at the meet¬ ing of two brooks, which fall into the river Are one mile below it. Every family is fupplied with water brought to or near their doors in Hone troughs from a never-failing fpring on the w'efl fide of it. The pa¬ rifh is fix miles long and two broad, and is 60 miles from the eafl and wefi feas ; yet at the wefi end of itr near Camel Crofs, is a riling ground, from which the fprings on the eafi fide of it run to the eafi fea, and thofe on the weff to the wefi fea. By means of inland navigation, this towrn has a communication w ith the ri¬ vers Merfey, Dee, Kibble, Oufe, Trent, Darwent, Se¬ vern, Humber, Thames, Avon, &c.; which navigation, including its windings, extends above 500 miles, in the counties of Lincoln, Nottingham, Lancafler, Weff- moreland, Chefier, Stafford, Warwick, Leieefler, Ox¬ ford, Worceffer, &c. KILARNEY. See Killarney. KILBEGGAN, a poft, fair, and borough town of Ireland, in the county of Wefimeath and province of Lender, 44 miles from Dublin. It formerly re¬ turned two members to parliament j patronage in the Lambert family. It is feated on the river Brofna, over which there is a bridge. There was here a monafiery founded in 1 200, and dedicated to the Virgin Mary, a*nd inhabited by monks from the Cifiertian abbey of Melefont. The fairs are tw'o. KILD A, St, one of the Hebrides or Weftern iflands of Scotland. It lies in the Atlantic ocean, about 58° 30' north latitude j and is about three Englifh miles in length from eafl 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¬ lage.— K I L [ 451 ] K I L lage.—Rcilrained by idlenefs, a fault or vice much more pardonable here than in any other part of Great Britain, or difcouraged by the form of government under which they live, the people of the ifland iludy to rear up flieep, and to kill wild-fowl, much more than to engage deeply in the more toilfome bufinefs of hufbandry.—All the ground hitherto cultivated in thi* ifland 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 Angular 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 ftone, every noxious root or growing weed that falls in their way, and pound down every ftiff clod into dull. It is certain that a fmall number of acres well prepared in St Kilda, in this manner, will yield more profit to the hufbandman 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, reflefted from the hills and rocks into a low valley facing the fouth-eaft, muft in the fummer time be quite intenfe j 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 fhould it fall out otherwife, the whole crop would be almoft deftroyed by the equinodftial ftorms. All the iflanders on the weftern coaft have great reafon to dread the fury of autumnal tempefts : thefe, together with the exceffive quantities of 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 feem calculated for any other. Fifty bolls of the former, old Highland meafure, are every year brought from thence to Harris j and all the 'Weftern iilands 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 ifland in their own language, is no more than a very inconfiderable piece of ground, w'hich is enclofed and planted with fome cabbages. On the eaft fide of the ifland, at a fliort 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 ifland, if under proper regulations, might eafily fupport 300 fouls. Martin, who vifited it about the end of the 1 7th century, found 180 per- fons there 5 but about the year 1 730, one of the peo¬ ple coming to the ifland of 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 infe&ion communicated, which made fuch ha- vock, that only four grown perfons were left alive. The houfes are built in two rows, regular, and facing one another j with a tolerable caufeway in the middle, which they call theJlreet. Thefe habitations are made and contrived in a very uncommon manner. Every one of 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 ow n reafon, improved by experience. The place in which their lot has fallen is peculiarly fubjeift to violent fqualls and furious hurricanes : were their houfes raifed higher than at prefent, they believe the firit winter ftorm would bring them down 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 walls 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 way of door, which is much too nar¬ row and low' to anfwer 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 flailed during the whole winter feafon j the other ferves for kitchen, hall, and bedroom. It will be readily expelled, that a race of men and w'omen bred in St Kilda muft be a very flovenly ge¬ neration, and every way inelegant. It is indeed im- poflible 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 floor of that apartment in which they eat and fleep. Thefe alhes, fo exadtly laid out, they cover with a rich friable fort of earth j over this bed of earth they fcat- ter a proportionable heap of that dull 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 extinguilhed till they have a fufficient flock of new allies on hand. The fame operations are repeated with a never-failing punftuality, 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 iflands. It is certain that eleanlinefs muft 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 ifland are not more fhort lived than other men, Their total want 3 L 2 of K I L [ 452 ] K I L Kilda. N of thofe articles of luxury, which have fo natural a ten¬ dency to deftroy the conftitution of the human body, and their moderate exercifes, will, together with fome other circumttances, keep the balance of life equal enough between them and thofe who are abfolute ftrangers to flovenlinels. JBelides the dwelling houfes already defcribed, there are a prodigious number of little cells difperfed over all the ifland j which conlift entirely of {tones, without any the fmalleft help of timber. Thefe cells are from 12 to x 8 feet in length, and a little more than feven in height. Their breadth- at the foundation is nearly equal to the height. Every {tone 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 higheft courfes are near enough to be covered by a {ingle flag at the top. To hinder the rain from falling down between the interdices above, the upper part of the building is overlaid with turf which looks like a fine green {ward while new. The inhabitants fecure their peats, eggs, and wild fowl, within thefe Imall repofitories •, every St Kildan has his {hare, of them, in proportion to the extent of land he pof- fefies, or the rent he pays to the fteward. From the conftru&ion of thefe cells, and the toil they muft have coll before they could have been finilhed, it feems plain, that thofe who put them together, were, if not more ingenious than their neighbours in the adjacent ifiands, at leaft more induftrious than their own fuc- ceffors. I he St Kilda method of catching wild fowl is very entertaining. 1 he men are divided into fowling par¬ ties, each of which confifts generally of four perfons dillinguilhed by their agility and {kill. Each party muft have at leaft one rope about 30 fathoms long ■, this rope is made out of a ftrong raw cow hide, faked for that very purpofe, and cut circularly into three thongs all of equal length j thefe thongs being clofe- ly twilled 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 otherwife receive from the {harp edges of the rocks, againft which they muft frequently ftrike, the cord is lined with {heep Ikins, dreffed in much the fame man¬ ner. I his rope is a piece of furniture indifpenfably ne- ceffary, and the raoft valuable implement a man of fubftance can be poffelTed of in St Kilda. In the tef- tament of a father, it makes the very firft article in favour of his eldeft fon : ftiould it happen to fall to a daughter’s {hare, in default of male heirs, it is reckon¬ ed equal in value to the bell 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 prodigioufly high. Linked together in couples, each having either end of the cord fattened about his ’wa^> tbey 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 afiecdote of a fteward of St Kilda’s deputy will give the reader a fpecimen of the dangers v 4 they undergo, and at the fame time of the uncom¬ mon ftrength of the St Kildans. This man, obferving his colleague lofe his hold, and tumbling down from above, placed himfelf fo firmly upon the {helf where he Hood, 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 himfelf on a craggy ihelf j his companion went 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 j he fung merrily, and laughed very heartily; after having performed feveral antic tricks, and given all the entertainment his art could afford, he returned in triumph, and full of his own merit, with a large ftriug of fowls about his neck, and a number of eggs in his bofom. This method of fowling refembles that of the Norwegians, asdelcribed by Biftiop Pontoppidan. KILDARE, a town of Ireland, and capital of a county of the fame name, is fituated 28 miles louth- weft of Dublin. It is governed by a fovereign, record¬ er, and two portrieves. The church of Kildare was very early eredled into a cathedral with epifcopal jurif- diblion, which dignity it retains to this day j the cathe¬ dral, however, has been for feveral years negle&ed, and at prefen t is almoft in ruins. St Brigid founded a nun¬ nery at Kildare, which afterwards came into the poffef- fion of the regular canons of St Auguftin 5 this faint died ill February 523, and was interred here; but her remains were afterwards removed to the cathedral church of Down. In the year 638, Aod Dubh or B/ack Hugh king of Leinfter abdicated his throne, and took on him the Auguftinian habit in this abbey; he was 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 prieil as he was cele¬ brating mafs at the altar of St Brigid ; 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 inextinguijhable, which had been preferved 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, erefted for friars of the Franciican order, or, as they were more generally called, Gray friars, in the year 1260, by Lord William de Vtfey ; but the building was completed by Gerald Fitzmaurice, Lord Offaley. A eonfiderable part of this building yet remains, which appears not to have been of very great extent. A houfe for White friars was like- wife founded in this town by William de Vefey in 1290; the round tower here is 130 feet high, built of white granite to about 1 2 feet above the ground, and the reft of common blue ftone. The pedeftal of an oldcrofs is ftill to be feen here ; and the upper part of a crofs lies near it on the ground. 'I he number of inhabitants is ftated at 36,000. Kildare, a county of Ireland, in the province of Leinftet, which is 37 miles in length and 20 in breadth ; Kilda, Kildare, K I L [ 453 3 K I L Kilkenny. Kildare breadth ; and is bounded on the eaft by Dublin and Wicklow, on the Weft by King’s and Queen’s counties, 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 Iriih plantation acres, 100 parilhes, 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 ChiUedair, 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- fiftancemf St Conlasth, a church and monaftery 5 near which, after the manner of the Pagans, St Brigid kept the facred fire in a cell, the ruins of which are ft ill vifible. KILDERKIN, a liquid meafure, containing two firkins. KILKENNY, a county of Ireland, in the province of Leinfter, 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 OlTory. The greateft length of this county from north to fouth is 38 miles, the breadth from eaft to weft 18 } and it contains 10 baronies. It is one of the moft healthful, pleatant, and populous counties of Ireland. It contains 287,650 Irifh plan¬ tation acres, 96 parifhes, and 95,000 inhabitants. Gilbert Clare, earl of Gloucefter and Hereford, mar¬ rying Ifabella, one of the daughters and co-heireffes of William earl Marftial, received as her dower the county of Kilkenny. Kilkenny, the capital of a county of the fame name in Ireland, fituated 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 ; and is one of the moft elegant cities in the kingdom. It is the feat of the bifhop of Oflbry, which was tranflated from Agabo in Ofibry, about the end of Henry Il’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 mqd, its fire without fmoke, and its ftreets paved with marble. The two latter are indeed matter of fa£I j 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 black 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 Irifh town, each of which formerly fent two members to parliament, and both together are computed to contain about 20,000 inhabi- Kilkenny, tants. This city was once of great confequence, as may be feen by the venerable ruins yet remaining of churches, monafteries, and abbeys, which even now in their dilapidated ftate exhibit fuch fpecimens of ex- quifite tafte in archite&ure as may vie with any mo¬ dern improvements; and the remains of its gates, towers, and walls, (how it to have been a place of great ftrength. Here too at different times parliaments were held, in which fome remarkable ftatutes were pafled. It has twro churches, and feveral Catholic chapels 5 barracks for a troop of horfe and four com¬ panies of foot : a market is held twice in the week,, and there are feven fairs in the year.—Iriih town is more properly called the borough of St Canice, vulgar¬ ly Kenny; the patronage of which is in the bifhop of Offory. The cathedral, which ftands in a fequeftered fituation, is a venerable Gothic pile built about 500 years ago ; and clofe to it is one of thofe remarkable round towers which have fo much engaged the attention of travellers. The bifhop’s palace is a handfome building, and communicates by a covered paffage with the church. The caftle was firft built in 1 195, on the fite of one deftroyed by the Iriih in 1173. The fituation in a military view was moft eligible : the ground was ori¬ ginally a conoid, the elliptical fide abrupt and precipi¬ tous, with the river running rapidly at its bafe ; here the natural rampart was faced with a wall of folid ma- fonry 40 feet high ; the other parts were defended by baftions, curtains, towers, and outworks j and on the fummit the caftle was eretted. This place, as it now ftands, was built by the anceftors of the dukes of Or¬ mond : here the Ormond family refided j and it is now in the poffeffion 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 home 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 y John’s”' bridge particularly is light and elegant. The Ormond family built and endowed a free fchool 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 ojd monuments, al- moft buried in the ruins ; and the courts of the others are converted into barracks. The manufadfures 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 Colies. The Kilkenny coal pits are within nine miles of the town. This city came by marriage into the ancjent family of Le Dcfpencer. It was incorporated by charter from King James 1. in 1609. The market crofs of Kilkenny continued an ornament to the city until 1771, when it was taken down -y the date on it was MCCC. Sir James Ware mentions Bilhop Cantwell’s rebuilding i.he great bridge of Kilkenny, thrown down by an inundai pn about the year 1447* ^ aPPears a^° that St John’s bridge Iv I 4-d 4- Kilkenny fell down by a great flood in 1564; and on 2d Octo- ,KiHarney. ^er ^7 another like circumftance, Green’s bridge near the cathedral fell.—The borough of St Canice, or Irifh town, always enjoyed very ancient prefcriptive rights. A clofe roll of 5 Edward III. A. D. 1376, forbids the magiftrates of Kilkenny to obflrudl the fale of vi&uals in the market of Irifli town, or within the crofs, under the pretence of cuftom 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 letters* patent, 15 Edward IV. A. D. 1474. Thefe renew their former privileges, and appoint a portrieve to be chofen every 21ft September, and fworn into office on the nth Oflober. 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 fhow he claimed no pre-eminence within the borough. KILLALOE, a bifhop’s fee in the county of Clare and province of.Munfter, in Ireland, 86 miles from Dublin, otherwife Lounia. It was anciently written Kill-da-Lit a, i. e. “ the church of Lua,” from Lua or Molua^ wEo about the beginning of the 6th century founded an abbey near this place. St Molua appears to have derived his name from Lounia, the place of his refidence, as was cuftomary amongft the ancient Irifh. On the death of St Molua, St Flannan his difciple, and fon of the chief of the diftrift, was eonfecrated bifhop of this place at Rome about the year 639, and the church endowed with confiderable * Hates by his father Theodorick. Towards the clofe of the 1 2th century, the ancient fee of Rofcrea was united to that of Killaloe j from which period thefe united bifhoprics have been governed by the fame bi¬ shops. At Killaloe is a bridge over the Shannon of .. 7 arches j and here is a confiderable falmon and eel ftfhery. . 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 5 it was built by Donald king of Limerick in 1160. There is a building near it, once the oratory of St Molua ; and there is another of the lame kind in an ifland on the Shannon, having marks . higher antiquity. The fee houfe of the bifhop is at Clarisford, near to Killaloe. Adjoining to the cathedral are yet fome remains of the maufoleum of .Brien Boru. KILLARNEY, a poft town of Ireland in the county of Kerry and province of Munfter, feated near a fine lake called Lough Ze<7/7, or lake of Killarney. It is diftant 143 miles from Dublin, and has two fairs. ithin a mile and a half of this place are the ruins of (.he cathedral of Aghadoe, an ancient biflioprick unit¬ ed to Ardfert 5 and within four miles the ruins of Ag- hfh church. At this town is the feat and gardens of JLord Kenmore. . beautiful lake of Killarney is divided properly into three parts, called the lower, middle, and upper 3 je’r ^ nor^hern or lower lake is fix miles in length and from three to four in breadth, and the town is ft- tuated on its northern fhore. The country on this and the eaftern boundary is rather of a tame chara&er : but is here and there diverfified with gentle fwells, many ^ v’hlch afford delightful profipefts of the lake, the K I L iflands, and furrounding fcenery. The fouthern fliore is compofed of immenfe mountains, rifing abruptly from the water, and covered with woods of the fineft timber. From the centre of the lake the view of this range is aftonifliingly 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 fides of two mountains whofe bare tops rifing above the whole form a per¬ fect eontraft to the verdure of the lower region. On the fide of one of thefe mountains is O’Sullivan’s caf- cade, which falls into the lake with a roar that ftrikes the timid with awe on approaching it. The view of this ftieet of water is uncommonly fine, appearing as if it were defcending from an arch of wood, which°over¬ hangs it about 70 feet in height from the point of view. Coafting along this ftiore affords an almoft end- lefs entertainment, every change of pofition prefenting a new fcene 5 and rocks hollowed and worn into a va¬ riety of forms by the waves, and the trees and ftirubs burfting from the pores of the faplefs ftone, forced to a flume the moft uncouth ftiapes to adapt themfelves to their fantaftic fituations. The iflands are not fo nu¬ merous m this as in the upper lake j but there is one of uncommon beauty, viz'. Innisfallen, nearly oppofite to O’Sullivan’s cafcade : It contains 18 Irilh acres. The coaft. is formed into a variety of bays and promon¬ tories, fkirted and crowned with arbutus, holly, and other flirubs and trees ; the interior parts are diverfified with hills, and dales, and gentle declivities, on which every tree and fhrub appears to advantage : the foil is rich even to exuberance j and trees of the largeft 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 perfeft land of enchantment j 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 loftiej:, though lefs interefting fummit, rears itfelf above the whole. The paffage to the up¬ per lake is round the extremity of Mueruls, which con¬ fines it on one fide, and the approaching mountains on the other. Here is the celebrated rock called the eagle's nejl, which produces wonderful echoes. A French horn founded here, raifes a concert fuperior to 100 in- ftruments ; and the report of a fingle cannon is anfwer- ed by a fucceflion of peals refembling the loudeft thun¬ der, which feems to travel the furrounding fcenery, and die away among the diftant mountains. The up¬ per lake is four miles in length, and from two to three in breadth 5 and is almoft furrounded by mountains, from which defcend a number of beautiful cafcades. The iflands in this lake are numerous, and afford an ama¬ zing variety of pi&urefque views.—The centre lake, which communicates with the upper, is but fmall in comparifim with the other two, and cannot boaft of equal variety. The Ihores, 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 bale of Mangerton, down the fteep fide of which defcends a cafcade vifible for 2 jo yards: this fall of water is fupplied by a circular lake K I L [ 455 3 K 1 L Ji. lar-v'y lake near the fummit of the mountain, called the il Devil's Funch Bowl; which on account of its immenfe Killcran- 3nj con[inUal overflow of water, is confider- ■ , ‘ ed as one of the greateil curiofities in Killarney.—Mr Smith feems to think, that one of the bell profpe&s this admired lake affords, is from a rifing ground near the ruined cathedral of Aghadoe. The lake of Killarney is otherwife called Lough Lane, or Loch Lean, from its being furrounded by high mountains. Nennius fays, that thefe lakes were en- compalfed 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 ftill to be feen the vefliges of the ancient mines of iron, lead, and copper j but tin has not been difcovered. Silver and gold are faid by the Irifli an¬ tiquaries to have been found in the early ages : but this is fomewhat doubtful, efpecially in any confider- able quantity, though fome fllver 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 well as at prefent, pebbles of feveral colours, which taking a beautiful polilh, the ancient Irilh wore in their ears, girdles, and different articles of their drefs and furni¬ ture. KILLAS, a genus of ftones belonging to the ar¬ gillaceous clafs, found chiefly in Cornwall in England. Its texture is either lamellar or coarfely granular ; the fpecific gravity from 2630 to 2666. It contains 60 parts of liliceous earth, 25 of argillaceous, 9 of mag- nefia, and 6 of iron. The greenilh kind contains more iron, and gives a green tindture to the nitrous acid. KILLICRANKIE, a noted pafs of Perthfliire 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 laff century this was a pafs of much danger and difficulty ; a path hanging over a tremendous precipice threatened deftrudlion to the leaft falfe ftep of the traveller : at prefent a fine road formed by the foldiery lent by government, and encouraged by an additional 6d. per day, gives an eafy accefs to the remote Highlands j and the two fides are joined by a fine arch. 5 • Near the north end of this pafs, in its open and un¬ improved flate, was fought in the year 1689 the battle of Killicrankie, between the adherents of James II. un¬ der Vifcount Dundee, and of William III. under Ge¬ neral Mackay. Dundee’s army was very much infe¬ rior to that of Mackay. When he came in fight of the latter, he found them formed in eight battalions ready for aftion. They confifted of 45c0 b>ot, and two troops of horfe. The Highlanders under Dun¬ dee amounted to little more than half that number. Thefe he ranged inftantly in order of battle. Maclean, with his tribe, formed the right wing. The Macdo¬ nalds of Sky, under the chieftain’s eldeft fon, formed the left. The Camerons, the Macdonalds of Glengary, the followers of Clanronald, and a few Irilh auxiliaries, were in the centre. A troop of horfe was placed be¬ hind under Sir William Wallace. The officers fent by James from Ireland were diftributed through all the line. This whole army Hood in fight of the enemy for Killicrart- feveral hours on the fteep fide of a hill, which faced jr-iv16’ the narrow plain where Mackay had formed his line., * 1^reWj, Dundee wilhed for the approach of night $ a feafon fuited for either vidlory or flight. At five of the clock in the afternoon, a kind of flight Ikirmilh 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 difcon- 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 rulhed fuddenly down the hill. They kept their (hot till they were within a pike’s length of the enemy •, and having fired their muflcets, fell upon them fword in hand. Mae- kay’s left wing could not for a moment fuftain the ffiock. They were driven by the Macleans tvith great flaughter from the field. The Macdonalds on the left of the Highlanders, were not equally fuccefsful. Colo¬ nel Haftings’s regiment of foot flood 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 ftandard, w hich was carried by Mackay’s regiment, fell into the hands of the High¬ landers. The victory was now complete. But the Highlanders loft their gallant leader. Perceiving the unexpe&ed refiftance of Colonel Haftings’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, eldeft fon of Sir Robert Killigrew, knight, was born in 1605. He was gentle- man-ulher of the privy-chamber to King Charles I.} and on the Reftoration of Charles II. when the lat¬ ter married the Princefs Catharine of Portugal, he was created vice-chamberlain j in which ftation 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 y and was much diftinguiftied 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 many years exile ; during which he applied his leifure hours to the ftudy of poetry, and to the comr pofition of feveral plays. After the Reftoration he con¬ tinued in high favour with the king, and had frequently accefs to him when he was denied to the firft peers in the realm y 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 pf majefty afterwards could not check in him 3 he foinctimes, by way of jeft, which K I L [ 456 1 ' K I L Killigrew. ■uhicli King Charles was ever fond of, if genuine, even though himfelf w'as the obje£l of the fatire, would ad¬ venture bold truths which fcarcely any one befides would have dared even to hint at. One Jftory 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 paffion 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 diftaff than to wield a fceptre, and for the converfation of his concubines utterly neglefted the moft important affairs of date, Mr Killigrew went to pay his majefty a vifit in his private apartments, habited like a pilgrim who was bent on a long journey. The king, furprifed at the oddity of his appearance, immediately afked him vdiat was the meaning of it, and whither 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 „ alb—One more dory is related of him, which is not barren of humour. King Charles’s fondnefs for plea- fure, to which he almod always made bufinefsgive way, -ufed frequently to delay affairs of confequence, from his majedy’s ditappointing the council of his prefence when met for the difpatch of bufmefs, which negleft gave great difgud and offence to many of thofe w^ho were treated with this feeming difrefped. On one of thefe occafions the duke of Lauderdale, who was naturally impetuous and turbulent, quitted the council chamber in a violent paffion 5 and meeting Mr Killigrew pre- fently after, expreffed himfelf on the occafion in very difrefpe&ful terms of his majedy. Killigrew begged his grace to moderate his paflion, and offered to lay him a wager of 100I. that he himfelf would prevail on his majedy to come to council in half an hour. The duke, furprifed at the boldnefs of the affertion, and warmed by his refentment againd the king, accepted the wager ; on which Killigrew immediately went to the king, and w-ithout ceremony told him what had happened ; adding thefe words, “ I know that your .majedy hates Lauderdale, though the necedity 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 1 know his covetous difpofition fo per- feflly, that I am well perfuaded, rather than pay this 100L he would 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^” and kept his word accordingly.—Killigrew died in 1682, and was buried in Weilminder abbey. Killigrew, /Untie, “ a Grace for beauty, and a Mufe for wit,” as Mr Wood fays, was the daughter of Dr Henry Killigrew, brother of the two foregoing, and was 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 fhe was maid of honour, as well as feveral other portraits and hi (lory pieces j and crowned all her other accomplifh- ments with unblemifhed virtue and exemplary piety. Mr Dryden feems quite lavifh in her praife, though Killigrew Wood allures us he has faid no more of her than i!3 fire was equal if not fuperior to. This amiable young KlIlougl1’ woman died of the fmallpox in 1685 *, and the year -"““v"-—* after her poems were publifhed in a thin quarto vo¬ lume. V KILLILEAGH, a town of Ireland, in the county of Down and province of Ulller, 8c miles from Dub¬ lin j otherwife written Kitlyleagk. It is the principal town in the barony of Duftrin ; and feated on an arm of the lake of Strangford, from which it is fupplied with a great variety of fi(h. The family of the Ha- miltons created firft Lords Clanbois, and afterwards earls of Clanbraffil, had their feat and relidence here in a caflle Handing at the upper end of the great ftreet j • at the lower end of the ftreet is a little fafe bay, where fliips lie flieltered from all winds; in the town are fome good houfes, a decent market-houfe, a horie 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 manufafture carried on in it, and fine thread made, for which it has a great demand. It formerly returned two members to parliament. The etdebrated naturalift 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 town 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 Ulfter, 76 miles from Dublin. It lies north of St John’s Point, and has a good quay, where ftiips lie very fafe. The town is agreeably fituated; the lea flowing all along the backs of the houfes, where ftiips ride in full view of the inhabitants. There is here a good church, and a horfe barrack. They have' good fifiling in the bay ; 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 cofintry. A manufadhire 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 let on foot by the late Mr Juifice Ward. There is a remarkable well here called St Scordin's well, and highly efteemed for the extraordinary light- nefs of its water. It gullies out of a high rocky bank, clofe upon the fliore, and is obferved never to diminifli its quantity in the drieft feafon. I here is alfo a mine¬ ral fpring near the fchool, the waters of which the in¬ habitants 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 whence at the ebbing and flowing of the tide a ftrange noife is heard fomewhat reiembling 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 paffage 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 well. Xhe cave is about 27 yards long. Killough K I L [ 457 ] KIM Ki'llough KlLLOUGH Harbour is tolerably fafe and comraodi- Harbour ous . a fmau degree of caution, however, is neceffary in K-ilma! filing int-0 it J for a rock (lands in the. middle of the lock. entrance, covered at half flood, commonly called the ——V -■■■■w1 water rock. Either to the eaft or weft of this rock is a fecure paffage, the inlet lying fouth by eaft and north by weft. On the weft fide of the rock open to Coney ifland is a ftrong quay, and a bafon for (hips, where they are defended from all winds, within which the harbour on both fides affords good anchorage for veflels of i 50 tons. At the end of the quay the chan¬ nel is 400 yards wide. The bay of Kiilough 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 ijle 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, 1 23 miles from Dublin. It is fttuated 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 five to eight fathoms water. The herring fifhery is the moft confiderable of any carried on here •, but the town is likely to increafe in trade and confequence. KILMAINHAM, a town of Ireland, fituated about half a mile from Dublin. It has a feffion houfe and handfome gaol ; and here the quarter feflions are held for the county of Dublin, and knights of the (hire defied for that county. This place w^as fometimes the feat of government before Dublin caftle was con¬ verted to that purpofe; and though now much decayed, it gives title of baron to the family of Wenman. An ancient priory w^as 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 towm makes a confpicuous figure in the military hiftory of Ireland. In the 16th century it was a populous place; and the remains of the wrall which entirely fur- rounded the town, and of feveral large houfes, are ftill to 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 inverted 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 F/acfpague; on which a ftone houfe was eredled. In the cathedral church are the remains of a monument erefled over the Verdon family, one of whom repre- fented this town in parliament in 1613. This place once gave title of vifeount to one of the Sarsfield fa¬ mily. Sir James Ware informs us, that an abbey of Dominicans or Black friars was built here in the 13th century by the fovereign, brethren, and commonalty. From the many ruins here of caftles and ancient build¬ ings, it has acquired the name of the Irifh Balbcch. Vol, XI. Part II. The parifti church was formerly an abbey for regu¬ lar canons founded by St Mochoallog, who died 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 flouriftiing town of Ayrftiire 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 1801 exceeded 8oco. KILMORE, a biftiop’s fee in the county of Cavan and province of Ulfter in Ireland. It was called in former ages C/unes, or Clunis, i. e. the “ fequeftered place and is fituated near Lough Earn. St Fedlimid founded this bifhopric in the fixth century; it was af¬ terwards removed to an obfeure village called Tri- burna ; where it continued until the year 1454, when Andrew Macbrady biihop of Triburna ere6led a church on the file of that founded by St Fedlimid, to whofe memory it W'as dedicated, and denominated Kdmore, or “ the great church.” At prefent there is neither cathedral, chapter, nor canons, belonging to this fee ; the fmall parifti church contiguous to the epifcopal houfe ferving the purpofe of a cathe¬ dral. KILN, a ftove ufed in the manufacture of vatious 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 Funcheon, which is well ftored with fal- mon and trout, and difeharges 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 Mountcafhel; and ad¬ joining to his lordftiip’s improvements ftands the caftle of Clough-leagh, boldly filuated on the river Funcheon, which has flood feveral lieges. KIMBQLTON, a town of Huntingdonlhire, feated in a bottom ; and noted for the caftle of Kimbolton, the feat of the duke of Manchefter. W. Long. o. 15. N. Lat. 52. 18. KIMCHI, David, a Jewifh rabbi, famous as a commentator on the Old Teftament, lived at the clofe of the 1 2th and beginning of the 13th centuries. He was a Spaniard by birth, fon of Rabbi Joleph Kimchi, and brother of Rabbi Mofes Kimchi, both men of emi¬ nent learning among the Jews : but he exceeded them both, being the bell 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 Ling lies Hebrece, and his Lexicon Lingua Hebrece out of the latter. His writings have been held in fuch eftimation among the Jews, that no one can 3 M arrive Kilmal- lock •Jl . Kimchi. ■mi w- KIN [ 458 3 K I N Kincar- dineftiire Kimchi arrive at any reputation in letters and theology without ftudying them. KINCARDINE, a town in Perthlhire, fituated up- , on the banks of the Forth, four miles eaft 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 roadftead oppofite to the town, where 100 veflels of all dimenfions may ride in perfedd fafety. Shipbuild¬ ing is extenfively 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 veffels belonging to the town, furniihing employ¬ ment for 300 failors. Thefe import wood, iron, flax, &c. from the Baltic, barley from England and other placts 5 and export coals to different parts of Europe. It con¬ tains at prefent about 2100 inhabitants. KINCARDINESHIRE, or Mearns-shire, a county of Scotland, bounded on the north by Aber- deenihire, on the tail by the German ocean, and on the fouth weft by Angus or Forfarthire. In form it refernr,!es a harp, having the lower point towards the fouih. Its lengih along the coaft is about 30 miles j its greateft breadth about 20. Various opinions have been held concerning the derivation of the word Mearns $ but the other name is taken from its ancient capital, Kincardine, now an inconfiderable village. The traft of country through which the Dee paif s, and the plain along the fea coaft, are well cultivated, and produce much corn aud flax. The fields are in many places Screened by woods \ and the heaths afford flieep walks and much good pafiure for cattle. But the moil ex- tenfive tract under cultivation, is what is called the how or hollow of the Mearns. This traff forms part of Strathmore, or the great vale whic h runs from Stone¬ haven in the north eat! to Argylelhire in the fuuth-wi fl, nearly acrofs the kingdom. Near Stonehaven, to the fouth, are the ruins of Dunnotar cable, the ansientf at of the earls marifchal of Scotland, fituated on a high perpendicular rock, almoft furrounded by the ft a. Jn this neighbourhood is a precipitous cliff overhanging the fea, called Fowls Ciev^li; noted as the refort of kittiw'akes, 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, Hands Urie, the birth place of Barclay the famous apolwgift for the Quakers. The Quakers have here a burying-ground ; and in the vicinity are feen the traces of a Roman flat ion. There are/other fine manfion houfes in this county, as Birn, the feat of the late Lord Adam Gordon; Arbuthnet, the feat of Vif- co- nt Arbuthnot ; C iggie, Brnho/m CoJUe, &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 fhewn what is laid to be the tomb of St Palladios, a fmall plain building, which from its ap¬ pearance is.comparatively of a modern date. Near the village, and along the river Bervie, the country is flat and well cultivated. I he fmall town of Inverbervie was made a royal borough by David Bruce, who land¬ ed with his queen at Craig David i cir this after his long retreat :nto France. Near the village of Fetter- cairn are ftill teen fome veftiges of a caftle faid to have keen the rdidence of Fmella, daughter of a nobleman, of large poflefiions in this county, or, as Major calls Kinear- her, Countefs of Angus, who was acceiTory to the mur- dinefhire 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 pariflr. About fix miles weft from Bervie, is fitu¬ ated Laurencekirk, which, formerly an irfignificant village, by the judicious and liberal exertiens of Lord Gardenftone, has become a handfome little town, with a right to ele£l magiftrates, and to hold an annual fair and a weekly market. He eftabliflied here ma¬ nufactures of lawn, cambric, linen, and various other articles. He has aifo freely renounced all the oppref- five fervices due by his tenants ; 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 pallure than in cultivation. The principal mountains are Montbattock, and Cioch-na bean : the former is the higheit in the county ; the latter is remark¬ able, as the name imports, for a huge detached rock near its fummit. The population of this county, ac¬ cording to its panlhes, is the following. Pooulation Pnrifes. in l?,5. 1 Arbuthnot 997 Banchory Devenich *495 Banchory Ternan f 73^ Benholm 1367 5 Bervie 655 Conveth 757 Dunnotar *57° Durris §89 Fettercairn 3950 10 Fettereffoe 3°^2 Fordun 1890 Garvock 755 Glenbervie 95^ Kinmff 858 13 Maryculter 74^ Marykirk 1285 Nigg 1289 St Cyrus J271 19 Strachaa 79^ 24>346 Population is 175c-—1798.- 1041 1700 1340 *557 1200 1200 1962 651 2000 3370 2258 460 1000 719 1481 1090 1763 700 26,799 24,346 Increafe, 2453 * KINDRED, in Lciv, perfons related to one ano¬ ther, whereof the law reckons three degrees or lines, viz. the defeending, amending, and collateral line. See Consanguinity and Descent. On their being-no kindred in the defeending line, the inheritance paffes in the collateral one. KING, a monarch or potentate who rules fingly and fove-reignly over a people.—Camden derives the word from the Saxon cyning, which fign fits the fame ; and that from can, 4' power,” or ken, “ knowledge,” where¬ with every monarch is fuppoied to be invefled. The Latin rex, the Scythian reix, the Punic refih, the Spa. nilh rey, and French roy, come all, according to Pof- tel, from the Hebrew v'A'n, rojeh, “ chief, head.” Kings were not kuov\n amongjl the Ilraeiitts ti'l , th* Hi/l, KIM [ 459 1 KIN King, the reign of Saul. Before him they were, governed at fir ft by elders as in Egypt $ then by princes of God’s appointment, as Mofes and Joftnia j then by judges till the time of Samuel j and laft of all by kings. See Judges. Moft of the Grecian ftates 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. They commanded armies, prefided over the worfhip 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 ; yet the kings were fuppofed to hold their ibvereignty by the ap¬ pointment of Jupiter. The 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 5 commonly that of an eagle, as being the bird of Jove. Rome alfo was governed at firft by kings, who were elecled by the people, with the approbation of the fenate and concurrence of the augurs. Their pow-er extended to religion, the revenues, the army, and the adminiftration of juftice. The monarchical form of government fubfifted 244 years in Home, 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 grtal king; the king of France novr has that of the tnoft Chrijlian king; and the king of Spain has that of Catholic king. The king of the Ro¬ mans 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 Chrijlianiffimus 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 of mnjefly firft to Henry VIII. before which time ©ur kings were called grace, highnefs, &c.—In all pub¬ lic inftruments and letters, the king ftyles himfelf nor, 4i we $” though till the time of King John he fpoke in the fingular number. The definition of king above given, is according to the general acceptation of the term. It will not there¬ fore ftridlly apply to the fovereign of Britain j 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 conftquence. In Britain, a happy mean prevails. The power of the king is indeed lub- 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 glory to his crown: For w’hile other kings are abfolute monarchs over innumerable multitudes of flaves, the king of Bri¬ tain has the diftinguifhed glory of governing a free peo¬ ple, the leaft of whom is protefled by the law's : he has great prerogatives, and a boundlefs power in doing good •, and is at the fame time only reftrained from aid¬ ing inf onfiftently with his own happinefs, and that of his people. To underftand the royal rights and authority in Bri¬ tain, we muft eonfider the king under fix diftindt views. I. 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 HerEDITABT Right, and Succession. II. His royal family. See ROTAL Family. III. His councils. See Council. IV. His duties. By our conftitution, there are cer¬ tain duties incumbent on the king ^ in confideration of which, his dignity and prerogative are eftablilhed by the laws of the land: it being a maxim in the lawr, that protection and fubjedtion 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 contradt between king and people. But, however, as the terms of that original contradt were in fome mea- furedifputed, being alleged to exift principally in theo¬ ry, and to be only deducible by reafon and the rules of natural law’, in which dedudtion different underftand- ings might very conliderably differ j it was, after the Revolution, judged proper to declare thefe duties ex- prefsly, and to reduce that contradt to a plain certain¬ ty. So that, whatever doubts might be formerly raifed by weak and fcrupulous minds about the exiftence of fuch an original contradt, they muft now entirely ceafej 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, Flee regibus inf nit a aut libera potefas, 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 when prerogative was at the higheft. “ The king (faith Bradlon, who wrote under Henry III.) ought not to be fubjedft 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 invefted in him w ith regard to others j 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 •, and alio the law, by which he was made a king.” Thus Bradlon j 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, which arifes from mutual confent (of which 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 laws thereof; infomuch that he is bound by an oath at his coronation to the ob- fervance and keeping of his own laws.” But to ob¬ viate all doubts and difficulties concerning this matter, it is exprefsly declared by ftatute 12 and 13 W. III. c. 2. “ that the laws of England are the birthright of the people thereof; and all the kings and queens who (hall afeend the throne of this realm ought toadminifter the government of the fame according to the faid law’s, and all their officers and minifters ought to ferve them refpeflively according to the fame : and therefore all the other laws and ftatutes of this realm, for fecuring the eftablifhed 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 th« KIN [ 460 ] KIN 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 of the original contraf! be¬ tween king and people, thefe, it is apprehended, are now couched in the coronation oath, which by the 11a- tute 1 W. and M. fiat. 1. c. 6. is to be adminiftered to every king and queen who ihall fucceed to the imperial crown of thefe realms, by one of the archbifliops or bit'hops 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. This coronation oath is concei¬ ved in the following terms : “ The archbifhop or bijhop /ballfay, Will you fo- lemnly promife and fwear to govern the people of this kingdom of Britain, and the dominions thereto be- longing, according to the ftatutes in parliament a- greed, and the law’s and cufioms of the fame ?— 1 he king or queen Jhallfay, I folemnly promife fo to do. Archbifhop or bifhop. Will you to your power caufe law and juftice, in mercy, to be executed in all your judgments ?—King or queen. I will. “ Archbifhop' or bifhop. Will you to the utmoft of your power maintain the laws of God, the true profef- fion of the gofpel, and the Proteftant reformed religion eftabhthed by the law ? And will you preferve unto the bifhops 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 (hall appertain unto them, or any of them >~~King or queen. All this I promife to do. “ After this the king or queen, laying his or her hand upon the holy gofpel, fmil fay. The things which I have here before promifed, I will perform and keep : fo help me God. And then [hall kfs the bookA This is the form of the coronation oath, as it is now preferibed by our law ; the principal articles of which appear to be at leaft as ancient as the Mirror of Jufti- ces, and even as the time of Brafton : but the wording of it was changed at the Revolution, becaufe (as the fiatute alleges) the oath itfelf had been framed in doubtful words and exprefiions, with relation to an¬ cient laws and conftitutions at this time unknown. However, in what form foever it be conceived, this is moft indifputably a fundamental and original exprefs contrafl j though, doubtlefs, the duty of proteftion 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 fubjeft immediate¬ ly on the defeent 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 contraft are ex- prelfed all the duties which a monarch can owe to his people, viz. to govern according to law; to execute judgment in mercy; and to maintain the eftablifiied religion. And with refpedl 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, the other of the parliament of England : which enaft ; the former, that every king at his acceffion (hall take and fubferibe an oath, to preferve the Proteftant reli- 3 gion, and Prefbyterian church-government in Scotland ; the latter, that at his coronation he (hall take and fubferibe a fimilar oath, to preferve the fettlement of the church of England within England, Ireland, W ales, 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 vaft title of the law, the fu- pieme executive magiftrate, or the king’s majefty, con¬ fidered in his feveral capacities and points of view ; it may not be improper to take a (hort comparative review of the power of the executive magiftrate, or preroga¬ tive of the crown, as it ftood in former days, and as" it (lands at prefent. And we cannot but obferve, that moft of the laws for afeertaining, limiting, and re- ftraining this, prerogative, have been made within the compafs of little more than a century paft ; from the petition of right in 3 Car. I. to the prefent time. So that the powers of the crown are now to all appearance greatly cui tailed and diminifhed fince the reign of King James I. particularly by the abolition of the ftar- 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 fubjefl, by the fame prince : by the difufe of foreft laws for a century paft : and by the many excellent provifions enadled under Charles II. ; efpecially the abolition of military tenures, purveyance, and pre-emption ; the habeas corpus aft ; and the aft to prevent the difcontinuance of parliaments for above three years ; and fince the Revolution, by the ftrong and emphatical words in which our liberties are afferted in the bill of rights, and aft of fettlement; by the aft for triennial, fince turned into feptennial eleftions ; by the exclufion of certain officers from the houfe of commons ; by rendering the feats of the judges permanent, and their falaries independent; and by re- ftraining the king’s pardon from obftrufting parliamen¬ tary impeachments. Befides all this, if we confider how the crown is impoveriihed and (tripped of all its ancient revenues, fo that it greatly depends on the libe¬ rality of parliament for its neceflary 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 firft parliament after his acceflion, 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 neceffity of the whole realm. 1 his reftores to him that conftitutional independence, which at his firft 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 ; 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 \vere, and therefore are the lefs liable to jealous and invidious refleftions; but they are not the weaker upon KIN [ 461 ] KIN King, upon that account. In fhort, our national debt and —Y-—' taxes (befides the inconveniences before mentioned) have alfo in their natural confequences thrown Inch a weight of power into the executive Icale of govern¬ ment, as we cannot think was intended by our pa¬ triot anceftors ; who glorioufly ftruggled for the aboli¬ tion of the then formidable parts of the prerogative, and by an unaccountable want of forefight eftablithed this fyftem in their dead. The entire collection and management of fo vail 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 cuftoms, in every port of the kingdom •, the commiffion¬ ers of excife, and their numerous fubalterns, in every inland diflriCt ; the poftmallers and their fervants planted in every town, and upon every public road j the commiffioners of the flamps, and their diftributors, which are fully as fcattered and fully as numerous j the officers of the fait duty, which, though a fpecies of ex¬ cife, and conduced in the. fame manner, are yet made a ditlindl corps from the ordinary managers of that re¬ venue j the furveyors of houfes and windows } the re¬ ceivers of the land tax j 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, muft give that power on which they depend for fubfiftence, an influence moft amazingly extenfive. To this may be added the frequent opportunities of confer¬ ring particular obligations, by preference in loans, iub- fcriptions, tickets, remittances, and other money tranf- aftions, which will greatly increafe this influence j 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 nnforefeen, confe- quence of erecting our funds of credit, and, to fupport them, eftablifhing our perpetual taxes : the whole of which is entirely new fince the Reftoration in 16605 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 refpedl to the perfons themfelves, and fo prevailing an intereft with their friends and families, as will amply make amends for the lofs of external prerogative. But though this profufion of offices {hould have no effedl on individuals, there is ftill another newly ac¬ quired branch of power 5 and that is, not the influ¬ ence only, but the force of a difciplined army 5 paid indeed ultimately by the people, but immediately by the crown-, raifed by the crown, officered by the crown, commanded by the crown. I hey are kept on foot, it is true, only from year to year, and that by the power of parliament: but during that year they muft, by the nature of our conftitution, if raifed at all, be at the abfolute difpofal of the crown. And there need but few words to demonftratehow great a truft is there¬ by repofed in the prince by his people : A. trull that is more than equivalent to a thouiand little troublefome prerogatives. Add to all this, that befides the civil lift, the im- King, menfe revenue of almoft feven millions fterling, which "" ‘Y~* is annually paid to the creditors of the public, or carried to the finking fund, is.firft depofited in the royal exchequer, and thence iffued out to the refpec- tive offices of payment. This revenue the people can never refufe to raife, becaufe it is made perpetual by act of parliament 5 which alfo, when well confidered, will appear to be a truft of great delicacy and high importance. Upon the whole, therefore, it feems clear, that what¬ ever may have become of the nominal, the real power of the crown has not been too far weakened by any tranfadlions in the laft century. Much is indeed given up 5 but much is alfo acquired. The ftern commands of prerogative have yielded to the milder voice of in¬ fluence : the flavifli and exploded dodlrine of non- refiftance has given way to a military eftabliffiment by law ; and to the difufe of parliaments has fucceeded a parliamentary trufl of an immenfe perpetual revenue. Winn, 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 5 and when (in confequence of all) our taxes ftiall be gra¬ dually reduced 5 this adventitious power of the crown will flowly and imperceptibly diminifli, as it flowly and imperceptibly rofe. But till that fhall happen, it will be our efpecial duty, as good fubjefts and good Eng- lifhmen, to reverence the crown, and yet guard againft corrupt and fervile influences from thofe who are in¬ truded with its authority 5 to be loyal yet free ; obe¬ dient, and yet independent 5 and, above every thing, to hope that we may long, very long, continue to be governed by a fovereign, who in all thofe public a£ts that have perfonally proceeded from himfelf, hath ma- nifefted the higheft veneration for the free conftitution of Britain, hath already in more than one inftance remarkably ftrengthened its outworks 5 and will there¬ fore never harbour a thought or adopt a perfuafion, in any the remoteft 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 bufi- nefs is to direft the heraMs, prefide at their chapters, and have the jurifdiftion of armoury. In England there are three kings of arms, viz. gar¬ ter, clarencieux, and norroy. Garter, principal KING of Arms, was inftituted by Henry V. His bufinefs is to attend the knights of the Garter at their affemblies, to marfhal the folemnities at the funerals of the higheft nobility, and to carry the garter to kings and princes beyond the fea 5 on which occafion he ufed to be joined in commiffion with fome principal peer of the kingdom. See Garter. Clarencieux KING at Arms, is fo called from the duke of Clarence, to whom he firft belonged. His office is to marflial 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. Nor' oy 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 K I N regard they divide the kingdom between them into provinces. By charter, they have power to vifit noble¬ men’s families, to fet down their pedigrees, diflinguilh their arms, appoint perfons their arms, and with garter to direft the other heralds. Anciently the kings at arms were created and fo- leranly crowned by the kings of England themfelves $ but in later times the earl marfhal has a fpecial com- miflion at every creation to perfonate the king. Lyon KING at Arms, for Scotland, is the fecond king at arms for Great Britain $ he is invefted and crowned with great folemnity. To him belong the publilhing king’s proclamations, marfhalling funerals, reverfing arms, &c. See Lyon. King, Dr John, a learned Englifh bifliop in the 17th century, was educated at Weftminfter fchool, and at Oxford, and was appointed chaplain to Queen Eli¬ zabeth. In 1605 he was made dean of Chrift church, was for feveral years vice-chancellor of Oxford, and in 1611 he was advanced to the bifhopric of London. Be- fides his LeBures upon Jonah, delivered at York, he publifhed feveral fermons. King James I. ufed to ftyle him the king of preachers; and Lord Chief Juftice Coke often declared, that he was the bej} fpeaher in the Star- chamber in his time. He was fo constant in preaching after he was a bifhop, that, unlefs he was prevented by want of health, he omitted no Sunday in vifiting fome pulpit in or near London. Soon after his death, it was reported, that he died a member of the Romifti church. But the faliity of this (lory was fufficiently expofed by his fon Dr Henry King, who was bifhop of Chichefter, in a fermon at St Paul’s crofs foon after; by Bifhop Godwin in the appendix to his Commcntarius dep^afu- hbuS' Anglice, printed in 1622; and by Mr John Gee, in his book, entitled, 'l he Toot out of the Snare. King, Dr William, a facetious Englifh writer in the beginning of the 18th century, w^as allied to the noble families of Clarendon and Rochefler. He w as elected a ftudent of Chriil church from Weftminfter fchool in 1681, aged 18. He afterward entered upon the ftudy of law, and took the* degree of dodfor of civil law, foon acquired a confiderable reputation as a civi¬ lian, and was in great practice. He attended the earl of Pembroke, lord lieutenant of Ireland, into that kingdom, where he was appointed judge advocate, foie commiftioner of the prizes, keeper of the records, vicar geneial to the lord primate of Ireland \ was 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^rea- fure.than a few merry poems and humorous effays, and returned to his ftudent’s place at Chrift church. He died on Chriftmas day in 1712, and was interred in the cloifters of Weftminfter abbey. His writings are pretty numerous, J he prirtcipal are, 1. Animadver- ftons 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. ! he art of love, in imitation of Ovid De arte amnndi. 4. A volume of poems. Ufeful tranfa&ions. 6. An hiftorical account of the heathen god^ and heroes 7. Several tranfta'ion*. ^KiNG Dr William, archbiftiop of Dublin in the 2 ‘jth century, was dt-fcended from an ancient family in [ 462 ] K I N the north of Scotland, but born in the county of An¬ trim in the north of Ireland. In 1674 he took priefts orders, and in 1679 'vas promoted by his pa¬ tron, Dr Parker, archbiftiop of Dublin, to the chan- cellorfhip of St Patrick. In 1687 Peter Manby, dean of Londonderry, having publiftied at London, in 4to, a pamphlet entitled Confiderations which obliged Peter Manby dean of Londonderry to embrace the Catholic Religion, our author immediately wrote an anfvver. Mr Manby, encouraged by the court, and afiifted by the moft learned champions of the church of Rome, pub- lilhed a reply under this title, A reformed Catechifm, in two Dialogues, concerning the Engliftr Reformation, &c. in reply to Mr King’s Anfwer, &c. Our author foon rejoined, in a Vindication of the Anfwer. Mr Manby dropped the controverfy j but difperfed a loofe flreet of paper, artfully written, w ith this title, A Letter to a Friend, (howing 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 Chriftian Religion and Reformation againft tha Attempts of a Letter, See. In 1689 he was twice con¬ fined in the Tower by order of King James II. and the fame year commenced doctor 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 publiftied at London, in 410, The State of the Proteftants of Ireland under the late King James’s Go¬ vernment, &c. “ A hiftory (fays Biftiop Burnet), as truly as it is finely written.” He had by him at his death attefted vouchers of every particular fad alleged in this book, which are now in the hands of his relations. However, it was foon attacked by Mr Charles Lefly. In 1693 our author finding the great number of Prote- ftant d/ifenters, in his diocefe of Derry, increafed by a vaft addition of colonifts from Scotland, in order to perfuade them to conformity to the eftabliftied church, publiflied A Difeourfe concerning the Inventions of Men in the Worftiip of God. Mr Jofeph Boyfe, a difienting minifter, wrote an anfw er. The bilhop an- fwered Mr Boyfe. The latter replied. The biftiop re¬ joined. In 1702 he publiftied at Dublin, in 410, his ce¬ lebrated treatife De Origme Mali. Mr Edmund Law, M. A. fellow of Chrift’s college in Cambridge after¬ wards publiftied a complete tranflation of this, with very valuable notes, in 410. In the fecond edition he has inferted, by way of notes, a large colle&ion of the au¬ thor’s papers on the fame fubjeft, 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 aflerts and proves that there is more moral good in the earth than raoral evil. A fermon by our author, preached at Dublin in 1709, was publiflied under the title of Divine Pre- deftination and Foreknowledge confiftent with the Free* dom of Man’s Will. This was attacked by Anthony Collins, E'q. in a pamphlet entitled, A Vindication of the Divine Attributes j in fume remarks on the arch¬ biftiop of Dublin’s fermon, entitled, Divine Predetiina- tion, &e. He publiftied Hkewife, A Difeourfe con¬ cerning the Confeeration of Churches ; (hewing what is meant by dedicating them, with the Grounds of that Office. He died in 1720. King, Dr Wl/t nr, princ ipal of St Mary’s hall, Oxford, fon of the reverend Peregrine King, was barn at King. KIN [ 463 ] KIN Ring- at Stepney in Middlefex, in the year 16S5. He was ■ t ' made doctor 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 ele&ion j and after this difappointment, he in the year 1727 went over to Ireland, where he is laid to have written an epic poem, called The Toq/l, which was a political fatire, printed and given away to his friends, but never fold. On the dedication of Dr RadclifTs library in 1749, he fpoke a Latin ora¬ tion in the theatre of Oxford, which was received with the higheft acclamations; 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 Oxfordlhire 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 himlelf in an Apology, and wartuly 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 writer, and eiteemed by the firft men of his time for his learning and wit. King, Peter, lord high chancellor of Great Britain, was the fon of an eminent grocer and falter, and was born at Exeter in 1669, and bred up for fome years to his father’s bufinefs j 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 fufpefted any fuch thing j and gave the public a proof of his Ikill in church hiftory, in his Inquiry into the Conftitution, Difcipline, Unity, and Worfhip of the primitive Church, that flourilhed with¬ in the firft 300 Years after Chrift. * London, 1691, in 8 vo. This was written with a view to promote the fcheme of a comprehenfion of the diffentefs. He af¬ terwards publifhed 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 firft com¬ plied with by Mr Edmund Elys } between whom and our author there paffed feveral letters upon the fubjeft, in 1692, which were publiftied by Mr Elys in 1694, 8vo, under the title of Letters on feveral Subje&s. But the moft formal and elaborate anfwertothe Inquiry ap¬ peared afterwards, in a work entitled, Original Draught of the Primitive Church. His acquaintance wrih 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 ftudied fome time in Hollanl, he applied him- fe!f to the ftudy of the law 5 in which profefTnn 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 Queen Anne, he ferved as burgefs for Beer-Alfton in Devonftiire. In IJ02, be publiflied at London, in 8vo, without his name, his Hiftory of the A pollles Creed, vith critical obfervations on its feverai articles $ which is highly efteemed. In 1708, he was chofen recorder King of the city of London, and in 1710, was one of the ^ members of the houfe of commons at the trial of Dr t(T- Sacheverel. In 1714, he was appointed lord chief juftice of the common pleas j and the April follovr- ing, w as 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 j in which fituation he continued till 1733» when he rdigned ; and in 1734 died at Ockhanv - in Surry. King's Bench. See Bench, King's. King Bird. See Paradisea, Ornithology In¬ dex. 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 Babylomlh 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 ; the flouriftiing ftate of the Ifraelites under Solomon, his building and dedicating the temple of Jerufalem, his ftiameful defection from the true re¬ ligion, and the fudden decay of the Jewjftr nation af¬ ter his death, when it was divided into two kingdoms: the reft of the book is taken up pi relating the a£ls 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 a heard around but the noife of porters calling out to make way. Provifions are dear here, beeaufe every thing cunfumed K I N 'K. ing-te- tchtng . II Kmgfton. is brought from remote placed ; even wood, fo necef- fary for their furnaces, is aftually tranfported from the diftance of an hundred leagues. This village, not- withftanding the high price of provifions, is an afylum for a great number of poor families, who could not fub~ flit anywhere elfe. Children and invalids find employ¬ ment 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¬ der the whole extent of this vaft bafon. KINGDOM, the territories or extent of country fubjedl to a king. KINGDOMS of Nature. Molt naturalilts following Linnaeus, have divided all natural bodies into three great claffes, called kingdoms. Thefe are the mineral, the vegetable, and the kingdoms. See Natural History. KINGHORN, a borough town in the county of Fife in Scotland, on the frith of Forth, diredtly oppo- fite to Leith. I he manufadture of thread Itockings has been long eltablilhed j and machinery has been in¬ troduced for fpinning cotton and flax. Many of the men are employed in ceafting (hips, in the filhery, or the paffage boats from hence to Leith, from which the town of Kinghorn derives confiderable advantage. This place gives a fecond title to the earl of Strathmore. The population in i8ci exceeded 2C00. KINGSBRIDGE, a town of Devonlhire, 217 miles weft-fouth-weft from London, which has a harbour for boats, and it is a chapel of eafe to Chefton. The po¬ pulation in 1801 amounted to 1117. KINGSCLERE, a town of Hamplhire, is 56 miles i.rom London, was once the feat of the Saxon kings, and contains nearly 2coo inhabitants. ^ KINGSFERRY, in Kent, the common way from the main land into the iile 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 band. 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 againfl; the fea, the land occupiers tax themfelves yearly one penny per acre for frefli marlh land, and one penny for every 10 acres of fait marlh land. Here is a houfe for the feriy deeper, who is obliged to tow all travellers over free, except on thefe four days, viz. Palm Mon- day, vV hit-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 lixpence of every horfe- man, and two pence of every footman, whether ftran- gers 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 relidence 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 heve by barges. There is another bridge here of brick, over a llream that comes from a fpring in a cellar four miles above the town, and forms iuch a brook as to drive two mills not above a bowlhot from it and from r 46+ ] K I N the reigns of King Edward II. and III. fent members Kingftoa. to parliament. The number of inhabitants in 1801 was 3793’ has a free fchool 5 an alms houfe built in 1670, for fix men and fix women, and endowed with lands to the value of 80I. a-year : and a charity fchool for 30 boys, w'ho 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, the pictures of three of the Saxon kings that were crowned here, and alfo that of King John, who gave the inhabitants of this town their nrit char¬ ter of incorporation. But thefe were all deftroyed by the fall of this chapel in 1730. Here is a good market for corn. Kingston Upon Hull, a town in the eaft riding of Yorkfliire, 173 miles from London. Its common name is fimply Hull, and it is fituated at the conflux of the rivers Hull and Humber, and near the place where the 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. Towards 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 Ihip- ping that frequent this port. The firft dock was com¬ pleted fome years ago. 1 he town is large and po¬ pulous, containing two churches, feveral meeting houfes, a free fchool, a charity fchool, and forsie hofpitals. Among the latter is one called Trinity houfe, in which are maintained many diftreffed feamen, both of Hull and other places, that are members of its port. It is governed by 12 elder brethren and fix affifiants ; out of the former are chofen annually two wardens, and out of the younger brethren two ftew- ards ; they determine quefiions between matters and feamen, and other fea matters. A handfome infirmary has lately been eredted without the town to the north. Here are alfo an exchange and a cuftomhoufe, and over the Hull a wooden draw-bridge. A good harbour was made here b^ Richard II. This town has not only the molt 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, Briftol, Liverpool, and Yarmouth. By means of the many large rivers that fall into the Humber, it trades to almoft every part of Yorkfliire, as well as to Lin- colnffiire, Nottinghamflilre, Staffordfliire, Derbyfhire, and Chefliire : the commodities of which 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 with London, particularly for corn, lead, and butter, and with Holland and France, in times of peace, for thofe commodities, as well as for cloth, ker- feys, and other manufadlures of Yorkfliire, is very confi¬ derable. In 1803 the number of (hips belonging to Hull, employed in the Greenland and Davis’s ffrails vhale fifliery, amounted to 40. The mayor of Hull has two fwords, one given by King Richard II. the other by , 1 TY # JUGUcUU XI* lliC ULIlCr UV e^ U S 8( neia\ly the place for the lummer Henry VIII. but only one is borne before him at a guizes oi this .county. It is a well built tow n, and in time,; alfo a can of maintenanne. and an oar of liernnm alfo a cap of maintenance; and an oar of lignum vitae Kinfale. KIN l 465 1 Kin»fton vlt£e as a badge of his admiralty jurifdiftion within the point of trade- limits of the Humber. This town gave title of earl to Robert Pierpont of Holme Pierpont, Vifcount Newark, created in the 4th of Charles I. and afterwards that of duke in the fame family. The laid duke of Kingfton died in 1773, and the title became extindL In 1801 the population was 27,609. Kingston, a town of Ireland, in the province of Leinfter, 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 warehoufes. The number of white inhabitants in 1788 was about 7000 ; 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. 5°' KINGTON, or Kyneton, a pretty large.town in Herefordthire, 146 miles from London. It is fituat- ed 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 forts of provifions. KINNOR, or Chinnor. See Chinnor. KINO, a gum refin. See Materia Medica Index. KINROSS, the county town of Kinrofsfliire in ScoU land, fituated in W. Long. 3* Lat. 56. 15. on the weft fide of Lochleven, a frefh water lake about 10 miles in compafs, abounding with pike, trout, perch, and water fowl. The manufa&ures are linen and fome cutlery ware. The houfe of Kinrofs, an elegant an¬ cient ftrufture, 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 pol- fefled by the Culdees •, the other is famous for the eaftle in which Queen Mary was imprifoned by her re¬ bellious fubjefts. The following is the population of this county ac¬ cording to its parilhes *. * 'itatijl. Hijl. 'es. Parifh, Cleifh Kinrofs Orwell Portmoak Population in 17^0—1798. 653 1839 1705 IIO5 4889 Increafe 413 KINSALE, a town of the county of Cork in Ire¬ land, fituated at the mouth of the river Ban or Ban- don, 136 miles from Dublin. It is reckoned the third town in the kingdom, and inferior only to Cork in Vov XL Part II. K I V It is neat, well 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''s fort ; and on the oppofite Ihore there are two well built villages, called Cove and Scilly. In the town and liberties are 6 parilhes, 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 feverai monafteries and religious houfes. In time of war Kinfale is a place of much bufinefs, being then fre¬ quented by rich homeward bound fleets and {hips of war, for which reafon moft of the houles are then let at double rents. The harbour is very commodious, and perfeftly fecure ; fo large that the Englifh and Dutch Smyrna fleets have anchored in it at the iame time. There is a dock and yard for repairing {hips of war, and a crane and gun wharf for landing and {hip¬ ping heavy artillery. Ships may lail 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 ihelf, which {hoots a great way off from the land j but leaves an ample paffage 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 of keeping his hat on in the king’s prefence. Kmlale 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 Aberdeenihire in Scotland, fituated on the river Don, in W. Long. 2. 6. N. Lat. 57. 10. It gives the title of earl to a branch of the noble family of Keith. The population in 1801 was 846. KINTYRE. See Cantire. KIOF, or KlOW, a confiderable towm of Poland, and capital of the Ukrain, in the palatinate of the iame name, with an archbilhop’s fee and caftle. It be¬ longs to Ruflia, and carries on a confiderable trade. It is divided into the Old and New lown, and feated on the river Nieper, in E. Long. 31. 51. N. Lat. 50. 12. KIPPIS, ANDREW, a learned and eminent Englifh non-conformift divine and biographer, w'as born at Nottingham, on the 28th of March 1725. On the death of his father, he was removed to Sleaford in Lin- colnfhire at five years of age, where he received his grammar education, and gave fuch early proofs of ta¬ lents and progrefs, as attracted the notice of Mr Mer- rivale, the paftor of a congregation of diffenters at that place. To this excellent man it was probably owing that young Kippis diredled his views to the profelfion of a diffenting minifter, and to thofe ftudies in which he afterwards fo much excelled. In 1741 he was placed in the academy at Northampton, under the tui¬ tion of the celebrated Dr Doddridge, a feminary at that time in high reputation. Of the advantages which this inftitution afforded him, Mr Kippis knew how to make the beft improvement, and his regular condudl 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 J 3 AJ Dorchefter, Kinfale KIP r 466 ] KIR Kinpis. Dorchefter, but he gave the preference to a finiilar call from Bofton in Lincolnftiire in 1746, where he remain¬ ed till 1750, removing from thence to Dorking in Surrey, and two years after to Long Ditch, Weftmin- ifer, in the room of Dr Hughes deceafed. This was in O&ober 1753? and in the preceding month he married Mifs Elizabeth Bott, the daughter of a merchant at Bofton. The fituation, for which Mr Kippis was eminently qualified by his extenfive abilities, being now re- fpeflable, introduced him to ufeful and honourable connections. He became a manager of the prefbyteri- an fund for the afliftance of poor congregations in the country in fupporting their minifters, and in 1762 he was chofen a member of Dr Williams’s truft, nearly for fimilar purpofes, together with thedoftor’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 was 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 claflical and philological tutor in Coward’s academy, an office which he filled for up¬ ward* of 25 years with uncommon reputation to him- felf, and unfpeakable advantage to his ftudents. He received the degree of D. D. from the univerfity of Edinburgh, by the unfolicited recommendation of the learned Profeffor Robertfon 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 was difcontinued in the fubfequent year. In 1786, attempts were made to eftablifh a new academy in the vicinity of London ; a defign which Dr Kippis exerted all his influence to ac- complifh ; and although his numerous engagements made it extremely difficult for him to fill any depart¬ ment in it, hs relu&antly yielded to the wiffies of the fubfcribers, and became a tutor. But the inconveni¬ ence arifing from the diftance of Hackney from his place of refidence, made him refign that office in a few years. His profeffional duties and private ftudies occupied his time after this period ; and as he enjoy¬ ed an uninterrupted ftate of good health and conftitu- tional vigour, made his friends hope that his life and ufefulnefs would 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 diftinguithed in a high degree for thofe virtues and accompliffiments which are univerfal- ly allowed to be the chief ornaments of human nature. His temper was mild and gentle, benevolent and can¬ did ; his manners and addrefs were eafy, poliffied and conciliating. Notwithftanding 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 judgment, a comprehenfive underftand- correct imagination, retentive memory, a refined' tafte, and he could exert his faculties on any fubiea with the utmoft facility. He was an early rifer from Kippis his youth, to which in a great meafure his good health . . li may be aferibed. He excelled in his acquaintanceKinathain^ with the claffics, belles-lettres, hiitory, and biography. He was the itcady friend and advocate of genuine civil and religious liberty ; and as a divine, he was well ac¬ quainted with the different branches of theology, and with thofe fubje£ts which are fubfervient to the critical ftudy of the icriptures. He 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 pradtice. His works are numerous and valuable, of which we give the following as a fpecimen : Review of the Tranf- a&ions of the prefent Reign •, The Hiftory of Learn¬ ing, Knowledge, and Tafte in Great Britain ; A Vin¬ dication of the Proteftant Diflenting 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 j the Life of Sir John Pringle j Six Difcourfes delivered at the Royal Society, onaffigning the Copley Medal ; the Life of Captain James Cook, of Dr Lardner, and Dr Doddridge j Sermons pleached on public occafions j Biographia Britannica, &c. &c. This laft great work, which he did not live to finifti, has 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, was 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 works are in fome repute. KIRCHER, Athanasius, a famous philofopher and mathematician, was born at Fulde in 1601. In 1618, 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, colledted a rich ca¬ binet of machines and antiquities, and died in 1680.-—« The quantity of his works is immenfe, amounting to 2 2 vols in folio, 11 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; many of them vifionary and fanciful ; and if they are not always accompanied with the grealeft ex- a&nefs and precifion, the reader, it is prefumed, will not be aftoniffied. The principal of his works are, r, Prcehtjiones magneticce. 2. Primitive gnomonicce catop¬ trics. 3. Ars tfiagna lucis et umbree. 4. Mi.furgia vniverfalis. 5. Obelifcus Pamphilius. 6. Oedipus JEi- gyptiacus, four volumes, folio. 7. Itinerarium extati- cum, 8. Obelifcus JE.gijptianus, in four volumes folio. 9. Mundus fubterraneus. \o. Ch na illujlrata. KIRIATHAIM, in Ancient Geography, one of the towns built by the Reubenites; reckoned to the $ ' tribe 4 K I Pv [ 4-67 ] K I Px Kirkby- Thore. KLiriatkaim tribe of Reuben (Jo(h. xiii.), 1 2 miles to tbe weft of Mi- daba. The ancient refidence of the giants called Emim. t KIRIATH-arba. See Hebron. KlRlATH-Baa/, or Canath-Baal, called alfo Kinath- jeanm, “ the city of the woods 5” one of the cities of the Gibeonites, belonging to the tribe of Judah, nine miles from YElia, in the road to Diofpolis. It was alfo called Baa/a (Jotbua). The 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. KlRK-Sej/ions, the name of a petty ecclefiaftical ju¬ dicatory in Scotland. Each pariih, according to its ex¬ tent, is divided into feveral particular diftrifts j every one of which has its own elder and deacon to overfee it. A conflftory of the minifters, elders, and deacons of a pariih, forms a kirk-feilion.— I hefe meet once a-week, the minifter being their moderator, but without a ne¬ gative voice. It regulates matters relating to public worihip, catechifing, vifitations, &c. It judges in lef- fer matters of fcandal; but greater, as adultery, are left to the preibytery 5 and in all cafes an appeal lies from it to the preibytery. Kirk-feflions have likewife the care of the poor and poor’s funds. KIRKALDY, a town of the county of Eife in Scotland, two miles to the north-eaft of Kinghorn. It is a royal borough, the feat of a preibytery, and gives the title of baron to the earl of Melville. Ehe 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 manufactures of corn, coal, linen, and fait. The population in 1801 exceeded 3000. W. Long. 3. 9. N. Lat. 56. 8. KIRKBY-Lonsdale, a town of Weftmoreland, 253 miles from London. It has a woollen manufactory, and a market on Tuefday. It has a free fchool well endowed w'ith three prefentations to Chrift’s college, Cambridge. It has a large church, and a good ftone bridge of three arches over the Lon. From its church¬ yard and the banks of the river, there is a very fine proipeCt of the mountains at a vaft diitance, as well as of the courfe of the river, which abounds with falmon, trout, &.c. $ and proviiions of all forts are very cheap here. The number of inhabitants in 1801 was 1283. KlRKB T-Steven, or Stephen's Church, a town of Weftmoreland, 257 miles from London, ftands on the river Eden near Sedbergh and Afgarth. The church is a large building with a lofty tower j in it are feveral old monuments. Here is a good free fchool that has two exhibitions. The town is noted for the manufac¬ tory of yarn ftockings j and it contains above IOOO in¬ habitants. KlR KB Y-Thore, a town of Weftmoreland, ftands al¬ fo on the river Eden, north-W’eft 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, where Roman coins and urns are frequently dug up. The people call it Kirkby- Thore, Kirkcud¬ bright. Whely cajUe, 300 yards in length, and 150 in breadth, with three entrances on each fide, with bulwarks be¬ fore them. At a little diftance from thence Roman urns are found, containing bones and allies. The old < military way runs through it, called the Maiden way, becaufe it began at Maiden-caftle in Stainmore in Yorklhire, north riding. KIRKCUDBRIGHT, county or ftewartry of, makes a confiderable part of Galloway, and of w hich the earls of Nithifdale were hereditary ftewards. It it 45 miles long, and 30 broad, and with Wigtonlhire formed the ancient province of Galloway. The face of the coun¬ try exhibits the appearance of one continued heath, producing nothing but pafture for Iheep and fmall black cattle, which are generally fold in England j yet thefe dulky moors are interfefted with pleafant valleys, and adorned with a great number of caftles belonging to private gentlemen, every houfe being furrounded with an agreeable plantation. It is watered by the river Dee j which taking its rife from the mountains near Carrick, runs through a tra£l of land about 70 miles in length, and, entering the Irilh fea, forms the har¬ bour of Kirkcudbright, a borough town, well fituated for the filhery and other branches of commerce. There is no other town of any confequence in this ftewartry. Kirkcudbright gives title of baron to the Maclellans, formerly a powerful family in the county. The po¬ pulation of this county, according to its parilhes, is the following. * 1 • • Hift' Population in ' 1790—1798. Varijhes. I Anwoth Balmaclellan Balmacghie Borg , 5 Buittle Carfefairn Colvend Crofsmichael Dairy 10 Girthon Irongray Kells Kelton Kirkbean 15 Kirkcudbright Kirkgunion Kirkmabreck Kirkpatrick Durham Lochrutton 20 Minigaff Newabbey Orr Parton * Rerwick 25 Terregles Troqueer Tungiand 28 Twynhame Population «« 1755- 531 534 697 697 899 609 898 613 891 , 895 784 Six 529 *513 489 858 699 564 1209 634 1193 396 ioci 397 l39I 537 5*9 21,205 495 495 86a 771 855 461 964 772 1100 1730 762 869 1600 669 2295 1 520 1088 1000 528 1420 649 1354 4C9 1050 510 2600 -'520 620 26,959 21,205 Increafe 3N2 5754 KIRKHAM, KIR [ 468 ] K I S Krkharn KIRKHAM, a town of Lancafhire, 221 miles Kirftinfius ^rom ■^,on<^on> Rands near the Ribble, fix miles from the Irilh fea, in that part of the county called the Tteid lands. 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 Merfey, Dee, Ribble, Oufe, Trent, Darwent, Severn, Hum¬ ber, Thames, Avon, &c. ; which navigation, including its windings, extends above 500 miles, in the counties of Lincoln, Nottingham, York, Weftmoreland, Chef- ter, Warwick, Leicefter, Oxford, Worcefter, &c. KIRKOSWALD, a town of Cumberland on the Eden, 291 miles from London. It had formerly a caftle, which was demolilhed above 100 years ago. It has a market and two fairs. Its church is a very irre¬ gular old building ; and the belfry is placed diftant from the church on the top of a hill, that the found of the bells might be more eafily 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 ifiand, having a very fafe road and har¬ bour for fhipping. It is a royal borough, governed by a proved, bailies, and common council. It was formerly poffefled 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 eledt their own magiftrates year¬ ly, to hold borough courts, arreft, 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, wdth the cuftoms and Ihore dues, the power of pit and gallows, and exempted them from the expence of fending commiflioners to parliament. This charter has been confirmed by fucceeding monarchs. At pre- fent Kirkwall is the feat of juftice, where the lleward, fherifif, and commiflary, hold their feveral courts of ju- rifdidtion : Here is likewife a public grammar fchool, endowed with a competent falary for the mailer. The town confifts of one narrow fireet about a mile in length j the houfes are chiefly covered with Hate, though not at all remarkable for neatnefs and con¬ venience.—The principal edifices are the cathedral church and the bifhop’s palace. The former, called St Magnus, from Magnus king of Norway, the fup- pofed founder of the town, is a large Gothic llruc- ture : the rocr 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 Hones elegantly carved and flowered. By the ruins of the king’s caftle or citadel, it ap¬ pears to have been a llrong and ftately fortrefs. At the north end of the town a fortification was built by the Englifh in the time of Oliver Cromwell, but it is now in ruins. It was furrounded with a ditch and rampart j but it has been allowed to fall into rums. The popu¬ lation in 1801 was 2621. KIRSTENSIUS, Peter, profelfor of phyfic at Upfal, and phyfician extraordinary to the queen of Sweden, was born at Breflaw in 1577. He ftudied Greek, Latin, Hebrew, Syriac, natural philofophy, anatomy, botany, and other fciences. Being told that 1 a man could not diftinguifh himfelf in phvfie unlefs Kir Item] as he under flood Avicenna, he applied himfelf to the ll ftudy of Arabic ; and not only to read Avicenna, but , _ alfo Mefue, Rhalis, Abenzoar, Abukafis, and Aver- ' "'~i roes. Fie viiited Spain, Italy, England, and did not return home from his travels till after {’even years. He was chofen by the magiftrates of Breflaw to have the direction of their college and of their fchools. A fit of ficknefs having obliged him to refign that diffi¬ cult employment, with which he was alfo much dif- gufted, he applied himfelf chiefly to the praftice of phyfic, and went with his family into Pruffia. Here he obtained the friendfliip and efteem of the chancellor Oxenftiern, whom he accompanied into Sweden j where he was made profeffor of phyfic in the univer- fity of Upfal, and phyfician to the queen. He died in 1640. It is faid in his epitaph, that he underftood 26 languages. He wrote many works j among which are, 1. Liber fecundus Canonis A vice time, typit Arab ids, ex MSS. editus, el ad verbum in Latinum tranjlatus, in folio. 2. De vero ufu et abufu Medicince. 3. Gram¬ mo tica Arabica, folio. 4. Vitce quatuor Evangelijla- rum, ex antiquijfimo codice MSS. Aradco erutce, in folio. 5. No tee in Evangelium S. Matthcd, ex collatione textuum Arabicorum, Syriacorum, Egypliacorum, Grcecorum, et Latinorum, in folio, &c. He ought not to be confounded with George Ker- Jlemus, another learned phyfician and naturalifl, who was born at Stettin, and died in 1660 j and is alfo the author of feveral works. KIRTLE, a term ufed for a ffiort jacket j alfo fora quantity of flax about a hundred weight. KIRTON, or Kirkton, a town of Lincolnfhire,. 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, when grafted on its flock, 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 flill to be met with in the place. Here is a triumphal arch done in a very good tafle : there is alfo a fmall temple of a fquare fi¬ gure, having feveral inflruments of facrifice carved upon it j 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 ; which is flill called the plain of Surfo, probably from its ancient name AJfuras. KISSING, by way of falutation, or as a token of refpe6l, has been pra6tifed in all nations. The Ro¬ man emperors fainted their principal officers by a kifs. Killing the mouth or the eyes was 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 fo much delicacy, that they never embraced their wives in the prefence of their daughters. Near relations were allowed to kifs their female kindred on the mouth : but this was done in order to know whether they fmelt of wine or not 5 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 kiffed their mailers hand, who ufed to hold it out to them for that purpofe. Killing was a cuftomary mode of falu¬ tation Kilti * Memoir of a map of the coun¬ tries com¬ prehended, between the Black Sea and the Cafpian. K I S [ tation among the Jews, as we may collect from. . circumftance of Judas approaching his Mafter with a kifs. Relations ufed to kifs their kindred when dying, and when dead j when dying, out of a ftrange opi¬ nion that they fhould imbibe the departing foul *, and when dead, by way of valedictory ceremony. They even kiffed the corpfe after it was conveyed to the pile, when it had been ieven or eight days dead. KISTI, an Afiatic nation, which extends from the higheft ridge of Caucafus, along the Sundlha rivulets. According to Major Rennel *, they are bounded to the weft by the little Cabarda, to the eaft by the Tar¬ tars and Lefguis, and to the fouth by the Lefguis and Georgians. He imagines they may be the people whom Gaerber calls the Taulirvzi, i. e. “ mountaineers,” and to whom he attributes the following ftrange eu- ftom :—“ When a gueft or ftranger comes to lodge with them, one of the hoft’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 dilpofal 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 reftlefs and turbulent nation are generally at va¬ riance with each other, and with all their neighbours. Their dialefts have no analogy with any known lan¬ guage, and their hiftory and origin are at prefent ut¬ terly unknown. Their diftrifts, as enumerated in Major Rennel’s Me¬ moir, are, I. Ingulhi, about 60 miles to the fouthward of Mofdok,. in the high mountains about the Kum • belei. 2. Endery •, and, 3. Axai, on a low ridge be¬ tween the Sundlha and laxai rivers. In their terri¬ tories are the hot wells. 4. Ackinyurt towards the upper part of the Sundlha and Kumbelei. 5* Ardakli, on the Rolhni that joins the Sundlha. 6. Wapi, near the Offetin village Tlhim, towards the fource of the Terek. 7. Angulht, on the upper part of the Kum¬ belei. 8. Shalkha, called by the Ruffians Ma/ot An- gujht. 9. Thetlhen, on the lower part of the Argun river. 10. Atakhi, a fmall diftriCt on the upper part of the Argun. 11. Kulga, or Dlhanti, in the high mountains. 1 2. Galgai, or Halha, about the fource of the Afai, a Sundlha rivulet. 13. Tlhabrilo, and Sha- bul, on the Sundlha. 14. Tftiilhni-Kabul, on the Rolhni, a Sundlha rivulet. 15. Karaboulak, a wan¬ dering tribe, who have their little villages about the fix uppermoft rivulets of the Sundlha, particularly the Fortan. 16. Meefti, Meredlhi, Galalhka, and Duban, are fmall tribes on the Axai. The Ingulhi, or firft of the above tribes, fubmitted to Ruflia in 1770. They are capable of arming about 5000 men •, they call themfelves Ingujhi, Ki/li, or Halha; they live in villages near each other, containing about 20 or 30 houfes ; are diligent hulbandmen, and rich in cattle. Many of their villages have a ftone tower, which ferves in time of war as a retreat to their women and children, and as a magazine for their effedfs. Thefe people are all armed, and have the cuftom of wearing Ihields.—-Their religion is very fimple, but has fome traces of Chnftianity : They believe in one God, whom they call Daxle, but have no faints or re¬ ligious perfons j they celebrate Sunday, not by any re- 469 ] K L E the ligious ceremony, but by refting from labour j they have Kuh a fall in fpring, and another in fummer 5 they obferve no ceremonies either at births or deaths j they allow of t polygamy, and eat pork. One kind of facrifice is ufual among them : at certain times a Iheep is killed by a perfon who feems to be confidered as a kind of prieft, as he is obliged to live in a ftate of celibacy. His ha¬ bitation is in the mountains, near an old ftone church, which is faid to be adorned with various ftatues and infcriptions. Under the church is a vault that contains certain old books, which, however, no one ever at¬ tempts to approach. Mr Guldenftaedt f was pre-f^/** vented by the weather from vifiting this church. v0* The 6th, 7th, and 8th tribes, which were formerly5 tributary to the Cabardean princes, fubmitted to Ruf- fia in 1770. The 9th, Tihetlhen, is governed by its own chiefs, who are related to the Avar-Khan. I his tribe is fo numerous and warlike, and has given, the Ruffians fo much trouble, that its name is ufually given by them to the whole Kifti nation. The chief village of Tlhetlhen lies on the Argun, about 15 miles from its mouth. Its other principal villages are Hadfhiaul and langejent, both on the Sundlha. KIT, in Mu fie, the name of a fmall violin, of fuch form and dimenfion as to be capable of being carried in a cafe or Iheath in the pocket. Its length, mea- furing from the extremities, is about 16 inches, and that of the bow about 17. Small as this inftrumenfe is, its powers are co-extenfive with thofe of the violin. Krr-Cat-Club, an affociation of above 30 noblemen and gentlemen of diftinguilhed merit, formed in 17C)3» purely to unite their zeal in favour of the Proteftant fucceffion in the houfe of Hanover. Their name was derived from Chriftopher Kat, a paftry cook, near the tavern where they met in King’s ftreet, Weftminfter,. who often fupplied them w'ith tarts. Old Jacob Ton- fon was their bookfeller : and that family is in poffef- fion of a pifture of the original members of this fa¬ mous club, painted by Sir Godfrey Kneller. I he de- fign of thefe gentlemen was to recommend and encou¬ rage true loyalty by the powerful influence of wit and humour j and Sir Samuel Garth diftinguiftred himfelf by the extempore epigrams he made on their toafts, which were inferibed on their drinking glafles. 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 j the opnofite bank of which ferves as a leat for the men who drefs the viftuals. The kitchens of the flank com¬ panies are contiguous to the outline of the camp j and the intermediate fpace is generally diftributed equally for the remaining kitchens j and as each tent forms a mefs, each kitchen muft 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. KITTTWAKE. See Larus, Ornithology In¬ dex. KIU-hoa. See Parthentdm, P,otany Index. KIUN-TCHEOU-FOU. See HAI-Nan. KLEINHOYIA, a genus of plants belonging to the K L E t Kle^' ’ gynandrIa c^a^s> and in the natural method rank- i— - ,ng under the 3 7^ °rder, Columniferce. See Botany Index. KLEIST, Edward Christian de, a celebrated German poet, and a foldier of diftinguilhed bravery, was born at Zeblin, in Pomerania, in 1715. At nine years of age he was fent to purfue his fludies at Cron in Poland ; and he afterwards ftudied at Dant- zic and Koningfberg. Having finiihed his ftudies, he went to vifit his relations in Denmark, who invited him to. fettle there 5 and having in vain endeavoured to obtain preferment in the law, at 2i years of age accepted of a port in the Danirti army. He then ap¬ plied himfelf to the ftudy of all the fciences that have a relation to military affairs, with the fame afliduity as he had before rtudied civil law. In 1740, at the beginning of the reign of Frederic king of Pruflia, Mr de Kleift went to Berlin, and was prefented to ins. majefty, who made him lieutenant of his brother Prince Henry’s, regiment 5 and he was in all the cam- paigns which diftinguilhed the firft live years of the king of Pruflia’s reign. In 1749 he obtained the port of captain ; and in that year publilhed his excellent poem on the Spring. Before the breaking out of the laft war, the king chofe him, with feme other officers at Pot Ida m, companion to the young Prince Frede¬ ric William of. Pruffia, and to eat at his table. In the fnlt campaign, in 1756, he was nominated major of Haufen’s regiment ; which being in garrifon at Eeipfic, he had time to finirti feveral new poems. After the battle of Rofbach, the king gave him, by an order in his own handwriting, the infpe&ion of the great hofpital eftabliflied at Leipfic. And on this occafion his humanity was celebrated by the lick and wounded of both parties, and his dilintereftednefs was equally admired by all the inhabitants of that city. In 175S, 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 dif- tinguifhing 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 J759» "hen 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 flank of the Ruffians, and aflifted in gaining three batteries. In thefe bloody attacks he received twelve contufionsy and the two firft fingers of his right hand being wounded, he was forced to hold his fword in the .left. His port of major obliged him to remain nehind the ranks j but he no fooner perceived the commander of .he 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 j and, ta¬ king. an enfign by.the arm, led him on. Here he received a ball in nis 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 two laft fingers and his thumb. He ftill puffied forward, and was within thirty fteps of the battery, when his right leg 470 1 K L O was lhattered by the wadding of one of the great Kleift, guns j and he fell from his horle, crying to his men, Klopftock. “ My boys, don’t abandon your king.” By the af! •““-v—-' fiftance of thofe who lurrounded him, he endeavoured twice to remount his horfe •, but his ftrength forfook him, and he fainted. Fie was then carried behind the line ; where a furgeon, attempting to drefs his wounds, was fliot dead. J he Coffacks arriving foon after ftripped Mr Kleift naked, and threw him into a miiy place 5 wnere fome Ruflian huffars found him in the night, and laid him upon fome draw near the fire of the grand guard, covered him with a cloak, put a hat on his head, and gave him fome bread and wa¬ ter. In the morning one of them offered him a piece of filver, which he refilled j on which he toffed it up¬ on the cloak that covered him, and then departed with his companions. Soon after the Coflacks returned, and took all that the generous huffars had given him. Thus he again lay naked on the earth j and in that cruel fituation continued till noon, when he was known by a Ruffian officer, who caufed him to be conveyed in a "3ggon to Frankfort on the Oder j where he arriv¬ ed in the evening, in a very weak ftate, and was in¬ ftantly put into the hands of the furgeons. But the fra&ured bones feparating, broke an artery, and he died by the lofs of blood. I he city of Frankfort be¬ ing then in the hands of the enemy, they buried this Pruffian hero with all military honours t 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 volumes 8vo. KLOPSTOCK, Frederic Theophilus, who was born .at Quedlinburg in 17-24, was the greateft and moft juftly celebrated of the German poets. His father was a man of an elevated charafter, 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 of 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 defign 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 projedt- ed work already mentioned, fketching out the three firft cantos. They were 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 fatisfadfion, 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 [47 Klopftock. who occafionally publidiied their eflays in a paper call- v e{l the “ Bremen Contributions,” in which appeared the three cantos of Klopftock’s Meflxah, and a number of his odes, for which he was fo applauded as to animate him to perfevere. He quitted Leipzig in 1748, and refided at Lan- genfalza, where he carried on a fruitlefs correfpondence with a beautiful young lady, who difcovered no incli¬ nation to return his paflion, which for fome time threw a gloom over his mind. He now publifhed ten books of his Mefliah, by which he came to be known and admired all over Germany. It was an extremely po¬ pular work among all thofe who were at once the lovers of poetry and devotion. It was quoted from the pulpit by young divines, while others of a more ftern deport¬ ment found fault with the author, as indulging too much in fiftion on facred topics. He travelled into Switzerland in 1750 Pay a to Bodmer of Zurich, in confequence of an invitation, where he was received with every token of refpedd. The fublime fcenery of that country, the fimplicity of its inhabitants, and the freedom they enjoyed, were admirably fuited to the tafte and fentiments of Klop- ftock. Here in all probability he would have breath¬ ed his laft, 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 penfion as vyould make him independent. Our author accordingly fet out for Copenhagen in the year I751} by the way of Brunfwuck and Hamburgh, at which latter place he became acquainted wuth a young lady (Mifs Moller) of literary abilities, and a heart fufceptible of tender impreflions. They were foon after married, and teem¬ ed deftined by Providence to be one of the happieft couples upon earth, but he was very foon deprived of her, for (he died in childbed, and her memory was fa¬ cred to Klopftock to the laft hour of his exiftence. He lived for the moft part at Copenhagen till the year 1771, after which he refided at Hamburgh id the capa¬ city of royal Daniftr legate, and counfellor of the mar¬ grave of Baden, who gave him a penfion, and engaged him to pafs the year 1775 at his palace of Carlfruhe. Such was the diffidence of our poet, that it required the moft extraordinary condefcenfion on the part of the great to make him eafy in their prefence. The decline of his health made no change on the habitual tranquillity of his mind ; he contemplated his approaching diflblution without any difmay, and his pious fortitude continued unlhaken amidft the fevereft fufferings. He died at Hamburgh in March 1803, being 79 years of age, and his funeral was attended with fuch honours as juftly belonged to the greateft poet of the country. _ The character 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 attraftion. A great critic claims for the author of the Mefliah, 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 i ] K N. A profe writer, as is fully evinced by his “ Grammatical Dialogues.” KNARESBOROUGH, a town in the weft rid¬ ing of Yorkfhire in England, 109 miles from London, is an ancient borough by prefcription, called by fo¬ reigners the Yorkjhire Sfiaw. It is almoft encompafled by the river Nid, which iffues from the bottom of Cra¬ ven hills $ and had a priory, with a caftle, long fince demoliffied, on a craggy rock, whence it took the name. The town is about three furlongs in length j and the pariffi is famous for four medicinal fprings near each other, and yet of different qualities. 1. I he Iw’eet fpaw, or vitriolic well, in Knarefborough foreft, three miles from the town, which was difcovered in 1620. 2. The {linking or fulphure'ous fpawq which is ufedonly in bath¬ ing. 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 hang¬ ing over it. The ground which receives it, before it joins the well, is, for 12 yards long, become a folid rock. From the well it runs into the Nid, where the fpring water has made a rock that ftretches fome yards into the river. The adjacent fields are noted for liquo¬ rice, and a foft yellow marl which is rich manure. The town is governed by a bailiff. Its baths are lefs fre¬ quented fince Scarborough Spaw has been reforted to. It has a good market and fix fairs. Here is a ftone bridge over the river, near cne end of which is a cell dug out of the rock, and called St Robert"1 s Chapel. I he number of inhabitants in 1801 was 3388* KNAPDALE, one of the divifions of Argyleffiire in Scotland. It is parted from Cowal on the eaft by Lochfyn •, bounded by Kintyre on the fouth, 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 20 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 iflands, 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. Klopftock II Knave. 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 5 and ffiould be made with a divifion to hold the ffioes,. black ball and bruffies, feparate from the linen. White goat-fkins are thje beft. KNAVE, an old Saxon word, which had at firft a fenfe of fimplicity and innocence, for it fignified a botj-: Sax. cnapa, whence a knave child, i. e. a boy, diftin- guiffied from a girl,-in feveral old writefs; afterwards it was taken for a fervant boy, and at length for any fervant man. Alfo it w-as applied to a minifter or officer that bore the ftiield or weapon of his fuperior ; as field knapa, whom the Latins call armiger, and the French efcuyer, 14 Edw. III. c. 3. And it was fome- times of old made ufe of as a titular addition ; as Joannes C. films Willieltm C. de Derby, knave, &c. 22 Hen. 'K N E C 472 ] K N I Knive VII. c. 3^. The word is now perverted to the hardelt I'1 meaning, viz. a falfe deceitful fellow. _n>ee.' ■ KNAVESHIP, in Scots Law, one of the names of the fmall duties payable in thirlage to the miller’s fer- vants, called fequels. KNAUTIA, a genus of plants belonging to the tetrandria clafs, and in the natural method ranking un¬ der the 48th order, Aggregate. See Botany Index. KNEE, in Anatomy, the articulation of the thigh and leg bones. See Anatomy, N° 59. Knee, in a fhip, a crooked piece of timber, having two branches or arms, and generally ufed to connedt the beams of a (hip with her Tides 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, whilft 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 of knees in connefting the beams and timbers into one compaft frame, they con¬ tribute greatly to the (Irength and folidity of the (hip, in the different parts of her frame to which they are bolted •, and thereby enable her with greater firmnefs to refift the effetfts of a turbulent fea. In fixing of thefe pieces, it is occafionally neceffary to give an oblique direction to the vertical or fide branch, in order to avoid the range of an adjacent gun- port, or becaufe the knee may be fo fiiaped as to require this difpofition ; it being fometimes difficult to procure fo great a variety of knees as may be neceffary in the conffrudlion of a number of (hips of war. In France, the fcarcity of thefe pieces has obliged their fliipwrights 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 CLXIX. The latter are fixed vertically, as we have -defcribed above. See alfo SHIP-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 SHIP-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 SHIP-Buiid- ing Plates). It is let into the head, and fecured to the (hip’s bows by ftrong 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 ftem above by a knee, called Kflan- 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 ; 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 bob-ftay, fo as to make it adl more perpendicularly on Kree the bowfprit. f| I he knee of the head is a phrafe peculiar to (hip-, wrights*, as this piece is always called the cut-water 'r"" by (eamen, if we except a few, who, affecting to be wifer than their brethren, having adopted this expref- fion probably on the prefumption that the other is a cant phrafe or vulgarifm. Carling KNEES, in a (hip, thofe timbers which ex¬ tend from the thip to the hatchway, and bear up the deck on both fides. KNELLER, Sir Godfrey, a painter, whole fame is well eftabliftied in thefe kingdoms. He was born at Lubeck in 1648 } and received his firft inftrudtions in the fchool of Rembrandt, but became afterwards a difciple of Ferdinand Bol. When he had gained as much knowledge as that fchool afforded him, he tra¬ velled to Rome, where he fixed his particular attention on litian and the Caracci, He afterwards vifited Venice, and diftinguilhed himfelf fo eftedlually in that city by his hiftorical pictures and portraits of the noble families there, that his reputation became confiderable in Italy. By the advice of fome friends he came at laft 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 j 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 eftabhftied. No painter could have more in- ceflant employment, @nd no painter could be more diftinguiftied by public honour. He was (late painter to Charles II. James II. William III. Queen Anne, and George I. equally efteemed and refpefted by them all : the emperor Leopold made him a knight of the Roman empire, and King George I. created him a ba¬ ronet. Moft 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 wmrks were celebrated by the beft poets in his time. He built himfelf an elegant houfe at Whitton near Hampton Court, where he fpent the latter part of his life ; and died in 1726. 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 *n *563, by one Matthews, on Fleet Bridge, Lon¬ don. Ihe 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. Ihe paflion for arms among the Germanic dates, as defcribed by Dr Stuart *, was carried to extremity.* View of It was amidft fcenes of death and peril that the young Society m were educated : It was by valour and feats of proweis Europe, that the ambitious fignalized their manhood. All the?- 46‘ honours K N I [ 473 ] K N I Knight, honours they knew were allotted to the brave. The 'V'-—' fword opened the path to glory. It was in the field that the ingenious and the noble flattered moft their pride, and acquired an afcendaney. 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 wiflied to try his ftrength againft an enemy, he could not of his own authority take the lance and the javelin. The admiflxon 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 diftrift, 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 with a ihield and the lance. In confequence of this folemnity, he prepared to diftin- guifti himfelf •, his mind opened to the cares of the pub¬ lic ; and the domeftic concerns, or the oftices of the family from which he had fprung, were no longer the objects of his attention. To this ceremony, fo Ample and fo interefting, the inftitution of knighthood is in¬ debted for his rife. Knighthood, however, as a fyftem known under the denomination of Chivalry, is to be dated only from the nth century. All Europe being reduced to a ftate 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 cqftle. The 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 with the lord of fome petty ftate of the fame kind, whofe caftle was then pillaged, and the women and treafures borne oft' by the conqueror. Du¬ ring this ftate of univerfal hoftility, 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 5 the lord of almoft every caftle extorted fomething from them on the road ; and at laft, fome one, more rapacious than the reft, feized up¬ on the whole of the cargo, and bore off the women for his own ufe. Thus caftles became the warehoufes of all kinds of rich merchandife, and the prifons of the diftrefled fe¬ males whofe fathers or lovers had been plundered or flain, and who being therefore feldom difpofed to take the thief or murderer into favour, were in continual danger of a rape. But as fome are always diftinguifhed by virtue in the moft general defection, it happened that many lords infenfibly aflociated to reprefs thefe fallies of vio¬ lence and rapine, to fecure property, and protect the ladies. Among thefe were many lords of great fiefs •, and the aflbciation was at length ftrengthened by a folemn vow, and received the fancftion of a religious ceremony. As the firft knights were men of’ the Vol. XI. Part II. higheft rank, and the largeft poffeflions, uch having moft to lofe, and the leaft temptation to fteal, the fra¬ ternity was regarded with a kind of reverence, even by thofe againft whom it wras formed. Admiflion into the order was deemed the higheft honour : many ex^ traordinary qualifications were required in a candidate, and many new' ceremonies were added at his creation. After having fafted from funrife, confeffed himfelf, and received the facrament, he was drefled 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, vrere eating, drinking, and making merry at the great table. At night his ar¬ mour was conveyed to the church where the ceremony was performed ; and here having watched it till the morning, he advanced with his {word hanging about his neck, and received the benediction of the prieft. He then kneeled down before the lady who was to put on his armour, who being aflifted by perfons of the firft rank, buckled on his fpurs, put a helmet on his head, and accoutred him with a coat of mail, a cuirafs, brace¬ lets, cuifles, and gauntlets. Being thus armed cap-a-pee, the knight who dub¬ bed him {truck him three times over the ftioulder with the flat fide of his fword, in the name of God, St Michael, and St George. He w'as 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 thefe wrongs which “ patient merit of the unworthy takes j” to fe¬ cure merchants from the rapacious cruelty of banditti, and women from ravilhers, to whofe pow'er they were by the particular confufion of the times continually ex- pofed. From this view of the origin of chivalry, it W'ill be eafy to account for the caftle, the moat, and the bridge, which are found in romances ; and as to the dwarf, he was a conftant appendage to the rank and fortune of thofe times, and no caftle therefore could be 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 caftle, fet 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 caftles are faid to have been filled. The 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 myftery of chivalry. Thefe youths, before they arrived at the age of 21, were called bachelors, or has chevaliers, in¬ ferior knights, and at that age were qualified to receive the order. So honourable was the origin of an inftitution, com¬ monly confidered as the refult of caprice and the fource of extravagance ; but which, on the contrary, rofe naturally from the ftate of fociety in thofe times, and had a very ferious effe6t in refining the manners of the European nations. Valour, humanity, courtefy, juftice, honour, were its charafteriftics : and to thefe was added religion j which, by infufing a large por¬ tion of enthufiaftic zeal, carried thtm all to a roman¬ tic excefs, wonderfully fuited to the genius of the age, 3 O and K N I [ 474 ] K N I Knight, and productive of the greateft and rnofl permanent ef~ —nr—' fefls both upon policy and manners. War was carried on with lefs ferocity, when huraanity, no lefs than courage, came to be deemed the ornament of knight¬ hood, and knighthood a dittinftion fuperior to royalty, and an honour which princes were proud to receive from the hands of private gentlemen : more gentle and polilhed manners were introduced, when courtefy was recommended as the moft amiable of knightly virtues, and every knight devoted himfelf to the fervice of a lady r violence and oppreflion decreafed, when it was accounted meritorious to check and to punifh them: a fcrupulous adherence to truth, with the moft reli¬ gious attention to fulfil every engagement, but parti¬ cularly thofe between the fexes as more eafily violated, became the diftinguilhing character of a gentleman, becaufe chivalry was regarded as the fchool of honour, and inculcated the moft delicate fenfibility with refpedl to that point •, and valour, feconded by fo many mo¬ tives oflove, religion, and virtue, became altogether ir- refiftible. That the fpiritof chivalry fometimes rofe to an ex¬ travagant height, and had often a pernicious tendency, muft 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 extinguilhed the liberties of England, and deluged Italy in blood; and at the call of fuperftition, and as the engine of papal power, it defolated Afia under the banner of the crofs. But thefe ought not to be confidered as argu¬ ments againft an inftitution laudable in itfelf, and ne- ceflary at the time of its foundation ; and thofe who pretend to defpife it, the advocates of ancient barba- rifm and ancient rufticity, ought to remember, that chivalry not only firft taught mankind to carry the ci¬ vilities of peace into the operations of war, and to mingle politenefs with the ufe of the fword ; but rouf- ed the foul from its lethargy, invigorated the human charatfter 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 w'omen 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¬ fects, fliouid be excluded from the improvement of modern manners. For, To illuftrate this topic more particularly, we may obferve, that w'omen, among the ancient Greeks and Romans, feem to have been eonftdered merely as ob- jefts of fenfuality, or of domeftic conveniency : they were devoted to a ftate of feclufion and obfcurity, had few attentions paid them, and were permitted to take as little fhare 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 foreits, had no fooner 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 undiftinguiftiing ruin the monuments of ancient grandeur and ancient ingenuity, and who devoted to the flames the knowledge of ages, always forbore to offer any violence to the women. They brought along with them the refpeftful gallantry of the north, which had power even to reftrain their fa- vage ferocity: and they introduced into the weft of Europe a generofity of fentiment, and a complailancc toward the ladies, to which the moft poliflied nations of antiquity w'ere ftrangers.—Thefe fentiments of ge¬ nerous gallantry were foftered by the inftitution of chivalry, which lifted women yet higher in the fcale of life. Inftead of being nobody in fociety, flie 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 objeft of his love. Her honour was fuppofed to be intimately con- nefted with his, and her fmile was the reward of his valour : for her he attacked, for her he defended, and for her he fhed his blood. Courage, animated by fo powerful a motive, loft fight of every thing but enter- prife : incredible toils were cheerfully endured, incre¬ dible aftions were performed, and adventures feeming- ly fabulous were more than realized. The effeft was reciprocal. Women, proud of their influence, became w'orthy of the heroifm 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 ehafte fair, after proving their fi¬ delity 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 perfetft hero of antiquity was fuperior to fear, but he made ufe of every artifice to annoy his enemy: impelled by animo- fity and hoftile 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 judgment 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, trufling that heaven, would declare in behalf of the juft ; and as he profefled only to vindicate the caufe of religion^ of injured beauty, or opprefled innocence, he was fur¬ ther confirmed in this enthufiaftic 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 fyflem 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 fiouriftied 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 Hofpitall'ers, Templars, and an infinite number of religious or¬ ders. Various other orders were at length inftituted by fovereign princes : the Garter, by Edward HE of England ; the Golden Fleece, by Philip the Good, duke of Burgundy ; and St Michael, by Louis XL of France. From this time ancient chivalry declined to an empty name ; when fovereign princes eftabliflied regular companies in their armies, knights bannerets were no more, though it was ftill thought an honour to Knight. K N I [ 475 ] K N I to be dubbed by a great prince or vi&orious hero ; and all who profeffed arms without knighthood affum- ed the title of efqmt e. There is fcarce a prince in Europe that has not thought fit to inftitute an order of knighthood •, and the Ample 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-B ACHE LO R. KNIGHT Service (fervitium militare, and in law French chivalry); a fpecies of Tenure, the origin and nature of which are explained under the articles Chivalry-, and Feudal Syjlem, N° 13—21. The knights produced by this tenure differed moll effentially from the knights defcribed 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 aid of the creation of the ancient knight; the new knight was conftituted by an inveft- ment in a piece of land. The former was the mem¬ ber of an order of dignity which had particular privi¬ leges and diftin&ions j the latter was the receiver of a feudal grant. Knighthood was an honour ; 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 ffation what¬ ever ; the knight of tenure was in the rank of a fol- dier.—It is true, at the fame time, that every noble and baron were knights of tenure, as they held their Knight, lands by knight fervice. But the number of fees they poffeffed, and their creation into rank, feparated them widely from the Ample 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 fove- reign, without conferring nobility, might give even a Angle fee to a tenant j and fueh vaffals in capite of the crown, as well as the vaffals of Angle fees from a fub- jecf, were the mere knights of tenure. But the for¬ mer, in refpeft of their holding from the crown, were to be called to take upon themfelves the knighthood of honour j 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 who had many fees, their wealth of itfelf fuffieiently diftinguhh- ed them beyond the ftate of the mere knights of te¬ nure. In faft, they poff.ffed an authority over men who were of this laft defcription j 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 teftiAes, for a military purpofe, viz. for de-Blackjlone'i fence of the realm by the king’s own principal fub- Cammen- jefls, which was judged to be much better than to tarief- truft to hirelings or foreigners. The defcription here given is that of knight fervice proper, which was to attend the king in his wars. There were alfo feme 3 O 2 other (a) “ The terms knight and chiva/er (Dr Stuart f obferves), denoted both the knight of honour and knight f View of ®f tenure ; and chivalry was ufed to exprefs both knighthood and knight-fervice. Hence, it has proceeded, that Society in thefe perfons and thefe ftates have been confounded. Yet the marks of their difference are fo ftrong and point- ed, that one muft wonder that writers ffiould miftake them. It is not, however, mean and common compilers^' ^ ®nly who have been deceived. Sir Edward Coke, notwithftanding his diftinguiftiing head, is of this num¬ ber. When eftimating the value of the knight’s fee at 2ol. per annum, he appeals to the ftatute de unlitibus, an. 1 Ed. II. and, by the fenfe of his illuftration, he conceives, that the knights alluded to there were the fame with the poffeflbrs of knights fees : and they, no doubt, had knights fees : but a knight’s fee might be enjoyed not only by the tenants in capite of the crown, but by the tenants of a vaffal, or by the tenants of t. fub-vaffal. Now, to thefe the ftatute makes no alluAon. It did not mean to annex knighthood to every land¬ holder in the kingdom who had a knight’s fee 5 but to encourage arms, by requiring the tenants in capite of the crown to take to them the dignity. He thus confounds knighthood and the knight's fee. Coke on Little¬ ton, p. 69. “ If I am 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 gilt fpurs they wore, he thus expreffes himfelf: 4 They are alfo called, in our law, mihtes, becaufe they formed a part, or indeed the whole, of the royal army, e in virtue of their feodal tenures j one condition of which was, that every one who held a knight’s fee (which * in Henry II.’s time amounted to 20I. per annum), was obliged to be knighted, and attend the king in his wars, 4 or Aned for his noncomplianoe. 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 4 it was, at the Reftoration, together with all other military branches of the feodal law, aboliftiedj and this kind ‘ of knighthood has Ance 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 requiAtion to take knighthood was not made to every poffeffor of a knight’s fee, but to the tenants of knights fees held in capite of the crown, who had merely a fufficieney to maintain the dignity, and were thence difpofed not to take it. Uhe idea that the whole force of the royal army conAfted of knights of honour, or dubbed knights, is fo extraordinary a circumftance, that it might have (hown of itfelf to this eminent writer the fource of his error. Had every foldier in the feu¬ dal array received the inveftiture of arms ? could he wear a feal, furpafs in Aik and drefs, ufe enAgns armorial, and enjoy all the other privileges of knighthood ? But, while I hazard thefe remarks, my reader will oblerve, that it is with the greateft deference I diffent from Sir William Blackftone, whofe abilities are the object of a snoft general and deferved admiration.” Knight. K N I [ 4^76 other fpecxes of knight fervice 5 fo called, though im- it. properly, becaufe 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 becaufe they were attended with fimilar fruits and con- fequences. Such was the tenure by grand ferjeantrj, per magnum fervitium, 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 j or be his butler, champion, or other officer, at his corona¬ tion. It was, in moil other refpe&s, like knight fer¬ vice, only he was not bound to pay aid or efeuage $ 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, svere 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 fubje&s, was (like other fervices of the fame nature) a fpecies of grand ferjeanty. Thefe fervices, both of chivalry and grand ferjeanty were all perfonal, and uncertain as to their quantity or duration. Eut the perfonal attendance in knight fervice growing troublefome and inconvenient in many refpeefs, the tenants found means of eompoundino- for it, by firft fending others in their Head, and in procefs of time making a pecuniary fatisfaclion to the lords in lieu of it. This pecuniary fatisfadtion at lall; came to be levied by afieffments, at fo much for every knight’s fee ; and therefore this kind of tenure was called feutngium in Latin, or fervitium feuti; feutum being then a well-known denomination of money : and in like manner it was called, in our Norman French efeuage $ 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 $ 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 feutages on their tenants, that is on all the landhold¬ ers of the kingdom, to defray their expences and to hire troops: and thefe affeffments in the timeof Henry II. leem to have been made arbitrarily, and at the king’s pleafure. Which prerogative being greatly abufed by liis fucceflors, it became matter of national clamour j and King John was obliged to confent, by his magna endrta, that no feutage ffiould be impofed without confent of parliament. But this claufe was omitted in his fon Henry III.’s charter j where we only find, that feutages or efeuage ffiould be taken as they were ufed to be taken in the time of Henry II. ; that is, in a reafonable and moderate manner. Yet afterwards, by fiatute 2$ Edw. I. c. 5. and 6. and many fubfequent ftatutes, it was enabled, that the king ffiould take no aids or talks but by the common aiTent 'of the realm. Hence it is held in our old books, that efeuage or iputage could not be levied but by confent of par¬ liament ; fuch feutages being indeed the ground-work of all fucceeding fubfidies, and the land tax of later times. Since, therefore, efeuage differed from, knight fervice in nothing, but as a compenfation differs from a&ual tervice? knight fervice is frequently confounded with 3 ] K N I And thus Littleton muft be underftood, when he tells us, that tenant by homage, fealty, and ef¬ euage, was tenant by knight fervice : that is, that this tenure (being fubfervient to the military policy of the nation) was refpefted as a tenure in chivalry. But as the a final, fervice was uncertain, and depended up¬ on emergencies, fo it was neceffary that this pecuniary compenfation ffiould be equally uncertain, and depend on the affeffments of the legiflature fuited to thefe emer¬ gencies. Fer had the eicuage been a fettled invariable fum, 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 efeuage or pecuniary affeffments, all the advantages (either promifed or real) of the feo- dal conftitutions were deftroyed, and nothing but the hard (hips remained. Inftead of forming a national militia 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 fyftem of tenures now tended to nothing elfe but a wretched means of raifing money to pay an army of o.ccafional mercenaries. In the mean time the fami¬ lies of all our nobility and gentry groaned under the intolerable burdens (wffiich in confequence of the fiftion adopted after the conqueft) w’ere introduced and laid upon them by the fubtlety and fineffe of the Norman lawyers. For, befides the feutages to which they were liable in defeat of perfonal attendance, which, however, were afftffed by themfelves in parliament, they might be called upon by the king or lord para¬ mount for aids, whenever his eldeft fon was to be knighted, or his eldeft daughter married ; not to for¬ get the ran.fom 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 feifn : and if under age, of the whole of his eftate during infancy. And then, as Sir d homas Smith very feelingly complains, “ when he came to his own, after he was out of wardfhip, 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 fuing 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 dedu&ions, his fortune was fo {battered and ruined, that perhaps he was obliged, to fell his patrimony, be had not even that poor privilege allowed him, without paying an exorbi¬ tant fine for a hcenfe of alienation. A flavery 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 fucceffive a£ls of parliaments, which affuaged fome temporary grievances. Till at length the huma¬ nity of King James I. confented, for a proper equiva¬ lent, to abolifti them all, though the plan then pro¬ ceeded not to effefl 5 in like manner, as he had formed a fcheme, and began to put it in execution, for remov¬ ing Knight. KNIGHTHOOD. PLATE CCLXXXVm Hf^Ar'c/izia/cL J’ezi/p . K N I [4 Knight. Jng the feodal grievances of heritable jurifdiftions in —-v Scotland, which has fmce been purfued and effected 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 ; only with this difference, that by way of compenfation for the lofs which the crown and other lords would futlain, an annual fee-farm rent ffiould be fettled and infeparably annexed to the crown, and affured to the inferior lords, payable out of every knight’s fee within their refpeftive feignories. An expedient feemingly much better than the hereditary excite which was after- wards made the principal equivalent for thefe concef- fions. For at length the military tenures, with all their heavy appendages, were deftroyed at one blow by the ftatute 12 Car. II. c. 24. which enafts, “ that the court of ward or liveries, and all wardthips, liveries, primer feifins, and oufterlemains, values and forfeitures of marriages, by reafon of any tenure of the king or others, be totally taken away. And that all fines for alienations, tenures by homage, knights fervice, and efcuage, and alfo aids for marrying the daughter or knighting the fon, and all tenures of the king tn capite, be likewife taken away. And that all forts of tenures, held of the king or others, be turned into free and common foceage : fave only tenures in frankalmoign, copyholds, and the honorary fervices (without the Ilavifh part) of grand ferjeanty.” A ftatute which ■was a greater acquifition to the civil property of this kingdom than even magna 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 demoliftied both root and branches. KNIGHTS-Errant. During the prevalence of chi¬ valry, the ardour of redrefling wrongs feized many knights fo powerfully, that, attended by efquires, they w’andered about in fearch of obje&s whofe misfor¬ tunes and mifery required their afliftance and fuc- cour. And as ladies engaged more particularly their attention, the relief of unfortunate damfels was the achievement they moft courted. This was the rife of knights-errant, whofe 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 wildeft exaggerations ; and poetry gave her charms to the moft monftrous fiflions, and to feenes the moft unnatural and gigantic. See Knight. Knight-Bachelor. See Bachelor. KNIGHT-Baronst. See BARONET. KNIGHTS of the Shire, or Knights of Parliament, are two gentlemen of worth, 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 wdio held a knight’s fee in capite of the crown was cuftoma- rily conftrained to be a knight, wrere of neceffity to be milites gladio cinSi, for fo the writ 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. KNIGHT-Marfhal, an officer in the king’s houfe- hold, who has jurifdi&ion and cognizance of any tranf- 7 ] K N I greffion within the king’s houfehold and verge ; as alfo Knight, of contrails made there, whereof one of the houfe is ^nl£*.u" hood. party. . KNIGHT-Fi/h. See Eques, ICHTHYOLOGY Index. Knights, in a ftnp, two ftiort thick pieces of w'ood, commonly carved like a man’s head, having four drivers in each, three for the haulyards, and one for the top to run in : one of them (lands faft bolted on the beams abaft the foremaft, and is therefore called the fore¬ knight ; and the other, (landing abaft the mainmaft, is callen the main-kmght. 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, who acquired it by high feats of arms. They are call¬ ed milites, in ancient charters and titles, by which they were diftinguiftred from mere bachelors, &c. Thefe knights were girt with a fw'ord, and wore a pair of gilt fpurs 5 whence they wrere called equites aurati. Knighthood is not hereditary, but acquired. It does not come into the urorld with a man like nobility j 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 were ufually knighted at their baptifm or mar¬ riage, at their coronation, before or after a battle, &c. 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 affift pil¬ grims in their paffage to the Holy Land, and to ferve in hofpitals where they ftrould be received j fuch were the knights templars, and fuch dill are the knights of Malta, &c. Honorary KNIGHTHOOD, is that which princes confer on other princes, and even on their own 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 infig- nia, fee Plate CCLXXXVIII. Social KNIGHTHOOD, is that which is not fixed nor confirmed by any formal inftitution, nor regulated by any lading ftatutes; of which kind there have many or¬ ders been erefted on occafion of factions, 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 publiftiecl Delicice Equef- trium Ordinum, and Andr. Mendo has written De Or- dinibus Militaribies. 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 Hncicnre et Moderne, Michieli’s Trefor Militaire, Caramuel’s Theologia Regolare, Mi- reeus’s Origines Equefrium five Militanum Ordinum : but above all, Juftinian’s Hiforie Chrono/ogiche delC Origine de gP Ordine Mihtari, e di tutte le Reiigione Ca- valerefche ; the edition which is fulled is that of Venice in 1692, in two vols folio. KNIGHTLOW K N O [ 47B ] K N O Knightlow KNIGHTLOW Hill or Cross, which gives name to a hamlet in Warwickfhire, ftands in the road t, ' I v' ‘ from Coventry to London, at the entrance of Dunf- more Heath. About 40 towns in this hamlet, which are fpecified by Dugdale, are obliged, on the forfei¬ ture of 30s, and a white bull, to pay a certain rent to the lord of the hamlet, called wroth-money, ox fwarf. penny; which muft be depofited every Martinmas day in the morning at this crofs before funrife ; when the party paying it muft go thrice about the crois, and fay 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 pleafant- ly fituated on an elevation rifing from a fmall river, which divides this part of Wales from Shropftiire. It carries on a confiderable trade, and has a market and a fair, with about 800 inhabitants. KNIGHTSBRIDGE, a village of Middlefex, and the firft village from London on the great w'eftern road. It lies in the parilhes of St Margaret’s Weftminfter, and St George by Hanover Square j and has a chapel, which is neverthelefs independent. At the entrance of it from London ftands that noble infirmary for fick and wounded, called St George's Hofpital, ere&ed 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 erefted, where is carried on one of the moft confider¬ able manufactures in England for painting floor-cloths, &c. KNOCTOPHER, a borough and market town of ^ Ireland, in the county of Kilkenny and province of Leinfter, 63 miles from Dublin. Before the union, this town 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 w'as appointed mailer of the free-lehool at Sandwich in Kent. He compofed Gram??iaticce Latince, Greece, et Hebraic#, compendium, cum radicibus, London 1606 5 and fent many excellent Icholars to the univerfities. He alfo fpent 12 years in compiling a hiftory of the Turks; which was firft print¬ ed in 1610. It is called, The general hijiory of the Iwks, from the firft beginning of that nation to the n/ing of the Ottoman family, &c. He died in 1610, and this hiftory has been fince continued by ftvtral hands: the beft continuation is that by Paul Ricaut conful at Smyrna, folio, London, 1680. Knolles wrote alfo, 4‘ The lives and conquefts of the Ottoman kings and’ emperors to the year 1610 which was not printed till after his death in 1621, to which time it was conti¬ nued by another hand ; and laftly, “ A brief difeourfe of the greatnefs of the Turkifh empire, and where¬ in the greatnefs of the ftrength thereof confifteth,” &.c. KNO P, a part of a tree, from which (hoot out branches, roots, or even fruit. The ufe of the knots is, to ftrengthen the ftern they ferve alfo as fearces, to filtrate, purify, and refine the juices raifed up for the nouriftiraent of the plant. Knots of a Rope, among feamen, are diftinguifhed 2 into three kinds, viz. whole knot, that made fo with Knot* the lays of a rope that it cannot flip, ferving for r II flieets, tacks, and Hoppers : bowline knot, that fo firm. Knox* ly made and faftened to the cringles of the fails, that they muft break or the fail fplit before it flips: and Iheep-fhank knot, that made by ihortening a rope with¬ out cutting it, which may be prefently loofened, and the rope not the worfe for it. KNOTS of the Log-line, at fea, are the divifions of it. See the article Log. Knot. See Tringa, Ornithology Index. Knot Grafs, or Bijlort. See Polygonum, Botany Index. KNOTTESFORD, a town of Cheftiire, near the Merfey, 184 miles from London, is divided into the upper and lower towns by a rivulet called Bicken. In the former is the church ; and in the latter is a chapel of eafe, the market and town houfe. KNOT TINGE EY, a town in the weft riding of Yorkfhire, 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 fale, and fo carried into the weftern parts of the county for manure.. KNOUT, the name of a punifhment inflifted in Ruftia, with 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 off a flip of fldn from the neck to the bottom of the back laid bare to the waift, and repeating their blows, in a little while rend away all the fldn of the back in parallel ftripes. In the common knout the criminal receives the laflies 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 faflened to the two wrifts tied together; a piece of wood is placed between his two legs alfo tied together ; and another of a crucial form under his breaft. Sometimes his hands are tied behind over his back; and when he is pulled up in this pofition, his (boulders are dillocated. The execution¬ ers can make this puniflimentmore or lefs fevere; 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 feveral lafhes. 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 diflinguiflied by the part he took in the reformation in Scotland, was born in 1 50?, at Gifford near Haddington, and educated at the univer- fity 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 firfl was a zealous Roman Catholic: but attending the fermons of a cer¬ tain Black friar, named Guiulliam, he began to waver in his opinions ; and afterwards converfing w ith the fa¬ mous Wifhart, who in 1544 came 1:0 Scotland with the commiflioners fent by Henry VIII. he renounced the ilomifli religion, and became a zealous reformer. Be- ing K N O [ 479 ] K O E Knox, ing appointed tutor to the fons of the lairds ox Ormi- ■"''v-"—''ftoun 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 biihop of St Andrew’s, that with his two pupils he was obliged in the year 1547 to take (helter in the caftle of that place. But the caftle was befieged and taken by 21 French galleys. He 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 conje&ures that in 1552 he was appointed chap¬ lain to Edward VI. He certainly obtained an annual penfion of 40I, and was offered the living of All-hallows in London ; which he refufed, not chociing to conform to the liturgy. Soon after the aceeflion of Queen Mary, he retired to Geneva ; whence, at the command of John Calvin, he removed to Frankfort, where he preached to the exiles : but a difference arifing on account of his refu- ftng to read the Englifti liturgy, he went back to Ge¬ neva 5 and from thence in 1555 returned to Scotland, where the reformation had made conliderable progrefs 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 Proteftant doflrine ; which let¬ ter the treated with contempt. In the fame year the Englifh Calvinifts at Geneva, invited Mr Knox to re- fide among them. He accepted their invitation. Im¬ mediately after his departure from Scotland, the bifliop 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 1559, during which time he publiftred his “ Firft Blaft againft the monftrous Regiment of Women.” Slaving now re¬ turned to Scotland, he refumed the great work of re¬ formation with his ufual ardour, and was appointed minifter at Edinburgh. In 1561 Queen Mary arrived from France. She, it is well known, was bigotted to the religion in which ftie had been educated j and on that account was expofed to continual infults from her reformed fubje&s. Mr Knox himfelf 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 moft unjuftifiable freedom. In the year 1571 our reformer was obliged to leave Edinburgh, on account of the confufion and danger from the oppofition to the earl of Lennox, then regent; but he returned the following year, and re¬ fumed his paftoral fun&ions. He died at Edinburgh in November 1572, and was buried in the churchyard of St Giles’s in that city.—His Hiftory of the Refor¬ mation was printed with his other works at Edinburgh in 15S4, 1586, 1644, 1732. He publiihed many other pieces $ and feveral more are preferved in Calder- wood’s Hiftory of the Church of Scotland. Pie left alfo a confiderable number of manufcripts, which in 1732 were in the poffeffion of Mr Woodrow, minifter of Eaft- wood. As to his chara&er, it is eafily underftood, notwith- ftanding the extreme diffimilitude of the two portraits drawn by Popifh and Calviniftical pencils. According Kn** to the firft, he was a devil; according to the latter, an angel. The following character 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 j 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 impetuofity of his temper exceffive. Rigid and uncomplying, he ihowed no in¬ dulgence to the infirmities of others. Regardlefs of the diftindtions of rank and charadfter, he uttered his admo¬ nitions with an acrimony and vehemence more apt to irritate than to reclaim and this often betrayed him into indecent expreffions, with refpeft to Queen Mary’s perfon and conduft. Thofe very qualities, however, which now vender his charadler 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 perfon of a more gentle fpirit would have been apt to (brink back. By an unwearied application to ftudy and to bufinefs, as well as by the frequency and fervour of his public difcourfes, he had worn out a conftitution naturally ftrong. During a lingering illnefs, he difco- vered the utmoft fortitude •, and met the approach of death with a magnanimity infeparable from his cha¬ racter. He was conftantly employed in a6ts of devo¬ tion, and comforted himfelf with thofe profpe6ts 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 j “ Her^ lies he who never feared the face of man.” KNOXIA, a genus of plants belonging to the te- trandria clafs ; and in the natural method ranking un¬ der the 47th order, Stcllntce. See Botany Index. KNUTZEN, Matthias, a native c.r Holftein, the only perfon on record who openly proftfled and taught atheifm. It is faid he had about 1000 difciples i* dif¬ ferent parts of Germany. They were called Confcien- ciaries, becaufe they afferted there is no other God, no other religion, no other lawful magiftracy, but confci- enee, which teaches every man the three fundamental principles of tj?e law of nature :—to hurt nobody, to live honeftly, and to give every one his due. Several copies of a letter of his from Rome were fpread abroad, containing the fubftance of his fyftem. It is to be found entire in the laft edition of Micrcelius. KOEDQE. 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. The 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 Rve.—The mandarins and governors who are lent to this province are fometimes difgraeed noblemen, whom the emperor does not think proper to difeard entirely, either on account of their alliances, or the Cervices which K O E Kod- which they have rendered to the ftate : numerous gar- Koe n ^Vr r'‘ons are intrufted to their charge, to overawre the in- » ^ habitants of the country ; but thefe troops are found in- fufficient, and the court delpairs of being ever able tho¬ roughly to fubdue thefe untratfable mountaineers. Fre¬ quent attempts have been made to reduce them to obe¬ dience, and new forts have from time to time been ere&ed in their country ; but the people, who are not ignorant of thofe defigns, keep themfelves fhut up among their mountains, and feldom iffue forth but to deftroy the Chinefe works or ravage their lands. Neither filk fluffs nor cotton cloths are manufaftured in this pro¬ vince ; but it produces a certain herb much refembling our hemp, the cloth made of which is ufed for fummer dreffes. Mines of gold, fdver, 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 10 cities of the firft clafs, and 38 of the fecond and third. KOEMPFER, Engelbert, was born in 1651 at Eemgow in Weftphalia. After fludying in feveral towns, he went to Dantzick, where he gave the firft public fpecimen of his proficiency in a differtation De Mnjeftatis Diviftone. He then went to Thorn •, and from thence to the univerfity of Cracow, where he took his degree of doftor in philofophyj after which he went to Koningfberg in Pruflia, 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 Perlia. Fie fet out from Stock¬ holm with the prefents for that emperor ; and went through Aaland, Finland, and Ingermanland, to Nar- %ra, where he met Mr Fabricius the ambaffador, who had been ordered to take Mofcow in his uay. The ambaffador having ended his negociations at the Ruffian court, fet out for Perfia. During their flay, two years, at Ilpahan, Dr Kcempfer, whofe curious and inquifitive difpofition fuffered nothing to efcape him unobferved, made all the advantages pofhble of remaining fo long in the capital of the Perfian empire. The ambaffador, to¬ wards the dole of 1685, 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 1689. Dr Koempfer here applied himfelf chiefly to natural hiftory. Hence he fet out for Japan, in qua¬ lity of a phyfician to the embafly 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 do£tor of phyfic at Leyden j 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 digeft 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, I. Amcemtates Kxoticce, in 4^° j 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 hiftory of Japan, in German, which is very curious and much efteemed *, and for which the public is indebted to the late Sir Hans Sloane, who purchafed for a con- K O N fiderable Turn of money all our author’s curiofities, Koempfer both natural and artificial, as likewhe all his drawings 7 i'i and manufcript memoirs, and prevailed with the learn- ^oni%' t ed Dr Scheuchzer to tranflate the japanefe hiftory into Englilh. KOEMPFERIA. 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, whole produce has been confiderably exaggerated by moft of the travellers that have publilhed on this fubjeft. The town, which 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 Chriitian IV. j and of their prefent ftate the following account is given by Mr Coxe *. * TVyk.*’'* There are 36 mines now working j the deepeft where-Poland, of, called Se^en-Gottes in der North, is 652 feet perpen- v’ 234* dicular. The matrix of the ore is the faxum of Lin¬ naeus, The filver is extracted according to the uiual 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 5 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 j but a few years ago 2400 miners were removed to the cobalt works lately eftabliftied at Foffum, and to other mines; and the number is now reduced to 2500. By thefe and other reductions, the expence, which 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 difficulty obtained. The miners are paid in fmall bank notes, and the whole expences are defrayed in paper currency. The value of 13,000 rixdollars, or 2600I. in block filver is annually fent to Copenhagen j the remainder of the ore is coined in the mint at Kongfberg, and transferred to Copenhagen. The largeft piece of money now ftruck at Konglberg 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 his father. He gave feveral public fpecimens of his learning j but is principally known for a Bio¬ graphical r 480 ] K O Pt [ 481 ] K O T Konig graphical Dictionary, entitled, Bibliotheca vet us et nova, 4to, Altorf, 1674: which, though it is very defe£tive, K-craquas, ^ ufefu^ to biographers. He died in 1699. v_., — v KON1GSTEIN, the capital of a county of the fame name in Germany. It is n 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. K.ONINGSBERG, 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 6d,ooo inhabitants. The townhoufe, the exchange, and the cathedral church, are all very fine ftiu61ures. The tower ot the eaftle is exceeding high ; and ^has 284 Heps to go to the top, from whence there is a very diftant profpecl. There are 18 churches in all ■> of which 14 belong to the Lutherans, three to the Calvinifts, and one to the Pa- pifts. It Hands 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 (hips draw ing more than feven feet water can pafs the bar and come up to the town ; fo that the large vtffels anchor at Pillau, a fmail town on the Baltic, which L the port of Koningfberg j 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 profefiors j but their number is now reduced to 16. Each profeffor receives a falary of about 50I. per annum, which may be increafed by private lectures. In 1775, the univerfity contained 800 ftudents, of whom 200 are lodged and boarded at the expence of the crown. There art three public libraries in the town, the royal or univerfity library, the town 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 diftrict 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 defeended of the fame race, having the fame language and cuftoms with their neighbours the Nimiquas, who are undoubtedly of the fame ex¬ traction. 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¬ fects, even before his face 5 and he was obliged, either to watch over or depofit them in fome place of fafety, in order to prevent their rapacity. The exceflxve drynefs of the country renders fprings extremely rare j but to fupply this defect the inhabitants dig in the earth a kind of cifterns, to which they gra¬ dually defeend by means of fteps *, the greateft marks of induftry w hich M. Vaillant could difeover among any of the African nations. To fecure this fcanty fupply of water even from the birds, they are in the practice of covering the mouth of the hole with Hones and the branches of trees ; yet in fpite of all this economy, the Vol. XL Part II. wells frequently become dry, in which cafe the horde Koraquas muft remove to fome other quarter. This circumftance ^ot^eriu renders the Koraquas a more w andering people than any . of the other weftern tribes. They colour their bodies diiTerently 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 drolled 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 Koriars, and the Fixed Koriacs. The former lead an erratic life, in the trail: bounded by the Penfchinlka fea to the louth-eaft, the river Kowyma to the weft, and the river Anadir to the north. They wander from place to place with their rein deer, in fearch of the mols, the food of thofe animals, which are their only w ealth. They are fqua- 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 filh. Their habita¬ tions are jourts, or places half funk in the earth j and they never ufe balagans or fummer houfes elevated on pofts like the Kamtlchatkans. 'J hey are in their per- fons lean, and very Ihortj have fmall heads and black, hair, which they (have frequently : their faces are oval; their nofe is ftiort ; their eyes are fmall j their mouth is large*, and their beard black and pointed, but often eradicated.—The Fixed Koriacs are likewife (hort j 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 Hedges ; but neither of the tribes of Koriacs are civi¬ lized enough to apply them to the purpofes of the dairy. Each fpeaks a different dialed! of the fame language : but the Fixed in moft things referable the Kamtfchatkans ; and, like them, live almoft entirely on fifli. They are timid to a high degree, and behave to their wandering brethren with the utmoft fubmiflion j v'ho 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 luppofes, from their features, to be the offspring of Tartars, which have fpread to the tail, and degenerated infize and ftrength 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 bleffmg 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 publiihed at Amfterdam in 1657, th® °f Lux in tenebris. He lived at Sprotta in Silefia, and his vifions began in 1616. He fancied he faw an angel under the form of a man, who. commanded him to go and declare to the niagi- ftrates, that, unlefs the people repented, the wrath of God would make dreadful havock. The elector pala¬ tine, whom the Proteftants had declared king of Bo¬ hemia, was introduced in thefe viiions. Kottevu-. 3 P waited K O U r 482 ] KG u Kottcrus waited on him at Breflaw in December 1620, and in- formed him of his commiffion. He went to fsveral t ^ ' , other places, and at laft to the court of Brandenburg. As moft of thefe prediftions promifed felicity to the eleftor 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. Upon this he went to Lufatia, and there lived unmolefted till his death, which happened in 1647. KOU-chu, a Chinefe ftirub, which bears a great refemblance to the fig tree both in the make of its Crofter's branches and the form of its leaves. From its root China,vo\. i. feVeral twigs or (hoots generally fpring up, which form ]>■ 486. a k;nc[ 0f • but fometimes it confifts of only one (hoot. 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 exaftly the fame as thole of the fig tree 5 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 lap. When they have extrafted a fufficiency, they ufe it with a fmall bru(h, and delineate whatever figures they intend for the de¬ coration of their work. They then lay on the gold- leaf, which is fo ftrongly attracted 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 cvell 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 iuppofe the deity they reprefent to have power to make them fruitful. The flatue always reprefents a hand- lome v?oman very modeftly attired. KOUC, or Koeck, Peter, an excellent painter in the 16th century, was born at Aloft, and vras the dif- ciple of Bernard Van Orley, who lived with Raphael. He went to Rome ; 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 directing the execution of fome tapeftry wrork after the defigns of Raphael. He was afterwards perfuaded by fome merchants of Bruffels to undertake a voyage to Con- ftantinople j 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, be (pent his time in de- figning the particular profpedls in the neighbourhood of Conftantinople, and the manner of the Turks liv¬ ing 5 of w'hich 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, where he drew feveral piftures for the emperor Cha. V. He was alfo a good architeft ; and, in the latter part of hisdife, wrote A Treatife of Sculpture, Geometry, and Perfpeftive ; and tranflated Vitruvius and Serliv into the Flemiffi tongue. He died in 1550. KOULI-Khan, Thamas, or Sc hah Nadir, was KouJ:- not the Con of a ffiepherd, as the authors of the Eng- ,k’ian’i lifh Biographical Didtionary affert : his father being ^0UI:li‘5‘ chief of a branch of the tribe of Affchars, and gover¬ nor of a fortreis erected by that people againft the Turks. Upon his father’s .death, his uncle ufurped his government, under the pretext of taking care of it during the minority of Kouli-Khan j or, more pro¬ perly, young Nadir. Difguft at this affront made him commence adventurer. He entered into the fer- vice of the beglerbeg or governor of Mufchada, in Khorafan 5 who, difcovering in him ftrong marks of a military genius, promoted him to the command of a regiment of cavalry. In 1720, the Ufbec Tartars ha¬ ving made an irruption into Khorafan with io,Coo men, the beglerbeg, whofe whole force confifted only of 4000 horle and 2000 infantry, called a council of war, in which it was declared imprudent to face the enemy with fueh an inferior force : but Kouli-Khan propofed to march againft the enemy, and engaged to conduct the expedition, and to be anfwerable for the fuccefs of it. Fie was accordingly made general j de¬ feated the Tartars, and took their commander prifon- er. Hoffein Beglerbeg received him at his return with marks of diftinftion : but growing jealous of his riling fame, inftead of obtaining him the rank of lieu¬ tenant-general of Khorafan, as he had promifed, ob¬ tained it for another •, which fo exafperated Kouli- Khan, that he publicly complained of the governor’s ingratitude and perfidy ; 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 dealing his father’s or his neighbour’s (heep). The reft of his adventures are too numerous to be inferted in this work. In 1729 he was made general of Perfia by Schah Thamas, and permitted to take his name Thamas, and that of Khuli, which fignifies Jlave : his title therefore was TheJlavc 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 w'ith the Turks •, 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 1 747, 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 nouriftiing 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 defcription of all the nations which compofe the Ruffian empire,” fays, (peaking of koumifs, El/e eft fort nouriffunte, et peat tenir lieu de tout autre aliment. Les Bafdkirs s'en trouvent tres hien, elle les rend bierportans et gais ; elte leur donne de P embonpoint, et de bonne coni curs. From the Tartars it has been borrowed by the Ruffians, who ufe it medicinally. It is made with fermented mares milk, K O U [ 483 ] K O U Houma's, milk, according to the following recipe, communicated ‘ — by Dr Grieve, in the Edinburgh Philofophical Tranf- * Tsi * actions *, as he obtained it from a Ruilian nobleman, ' who went into that part of Tartary where it is made, for the fake of ufmg it medicinally. “ Take of freih 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 foureft cows milk that can be got; but at any future preparation, a fmall portion of old koumifs will better anfwer the purpofe of fouring ; cover the veffel with a thick cloth, and fet in a place of moderate warmth j leave it at reft 24 hours, at the end of which time the milk will have become four, and a thick fubftance will be gathered on the top ; then with a flick made at the lower end in the manner of a churn ftaf$r beat it till the thick fubftance above mentioned be blended intimately with the fubja- cent fluid. In this fituation, leave it again at reft for 24 hours more ; after which pour it into a higher and narrower veffel, refembling a churn, where the agita¬ tion muft be repeated as before, till the liquor appear to be perfedlly 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 cuftom of 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 fuppofttion that fhe yields her milk more copi- oufly when it is prefent. To the above method of making koumifs, our au¬ thor has added fome particulars taken from other com¬ munications with which he was favoured by Tartars fchemfelves. 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 fermentatioa, fome warm milk may be added to it, and, if neceffary, more fouring.—From a Tartar whom the dodftor met with at the fair of Macarieff upon the Volga, and from whom he purehafed one of the leathern bags (a) which are ufed by the Kalmucs for the preparation and car¬ riage of their koumifs, he learned thaf. the procefs may be much Ihortened by heating the milk before the four- ing be added to it, and as foon as the parts begin to fe- parate, 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 prefence in the fpace of 12 hours. Our author learned alfo, that it was common among fome Tartars to prepare it in one day during fummer, and that w ith only two or three agitations j but that in win- Koumifs. ter, when, from a deficiency of mares milk, they are v-“— obliged to add a great proportion of that of cows, more agitation and more time are neceffary : and though it is commonly ufed within a few days after the pre¬ paration, yet when well fecured in clofe veffels, and kept in a cold place, that it may be preferved for three months, or even more, without any injury to its qua- lilies. He was told farther, that the acid fermenta¬ tion might be produced by four milk as above, by a four pafte of rye Hour, 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 laved much time, by adding the new milk to a quantity of that already fermented 5 on being mixed with which, it very foon undergoes the vinous change. It was according to the procefs firft mentioned, however, that all koumifs which the doftor employed in medicine was prepared.—It has been found fervice- able in heftics and nervous complaints j and our au¬ thor relates fome very ftriking cales which the uie of it had completely cured. All thofe who 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 difguft, but with pleafure j that it rendered their veins turgid, without producing languor •, that, on the contrary, they foon acquired from it an uncommon degree of fpright- linefs and vivacity j that even in cafes of fome excefs it was not followed by indigeftion, headach, or any of the fymptoms which ufually attend the abufe of oiher fermented liquors. 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 will 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 object, 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 moil common, the milk of cows. “ Dr Pallas, in the work above quoted, fays, that cows milk is alfo fufceptible of the vinous fermentation, and that the Tartars prepare a wine from it in winter, when mares milk fails them •, that the wine 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 j that koumifs on diftillation yields of a weak fpirit one third, but that airen yields only two-ninth parts of its whole quantity, which fpirit they call arica. “ This account is confirmed by Oferetlkowfky, a Ruffian, who accompanied Lepechin and other acade¬ micians, in their travels through Siberia and Tartary. 3 P 2 He (a) This bag was made of a horfe’s hide undreffed, and by having been fmoked had acquired a great degree of hardnefs. Its (hape was conical, but was at the fame time fomewhat triangular, from being compofed of three different pieces, fet in a circular bafe of the fame hide. The futures, which were made with tendons, were fe¬ cured by a covering on the outfide, with a doubling of the fame fkin, very clolely fecured. It had a dirty ap¬ pearance, and a very difagreeable fmell. On being afked the reafon of this, he faid, “ The remains of the old koumifs were left, in order to fupply a ferment to the new milk,” K R I [ 484 ] K U R Kriflma. Kounnfs pie publifiied latelj* a diflertatlon on the ardent fpirit 1 to be obtained from cows milk. , “ From his experiments it appears, tliat cows milk may be fermented with, or even without, fouring, pro¬ vided fufficient time and agitation be employed ; that no Ipirit could be produced from any of its contii- tuent parts taken feparately, nor from any two of them, unlefs inafmuch as they are mixed with fome part of the third 5 that the milk with all its parts in their na¬ tural proportion was the moft produftive «f it ; that the clofer it was kept, or, which is the fame thing, the more ditficultly the fixed air is allowed to efcape during the fermentation (care being taken, however, that wre do not endanger the bur ding of the veffel), the more fpirit is obtained. He alfo informs us, that it had a fourer fmell before than after agitation ; that the quan¬ tity of fpirit was increafed, by allowing the fermented liquor to repofe for fome time before didillation ; that from fix pints of milk fermented in a clofe veffel, and thus let to repofe, he obtained three ounces of ardent ipirit, of which one was confirmed in burning; but that from the fame quantity of the fame 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 theexiftence of which the weaknefs and credulity of the filhermen have excited the belief even among refpftable naturalifts, and among others Bifhop Pontoppidan, who deferibes it in his Natural Hiftory of Norway.. It is probable that the whole depends on certain optical appearances arifing from a peculiar ftate 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 hillorian, who travelled overfeveral parts of Europe, and was made re&or of the univerfity of Roftoeh in 1482. He went from thence to Ham¬ burgh in 1508, where he was ele&ed 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 feruple to make him umpire in a difpute they had with the Ditmarfi. He wrote feverab good hiftorical works ; the moft conft- derable of which is an Ecclefiaftical Hiftory of Saxo- ny, entitled Metropolisi in folio ; the beft edition is that of Francfnrt. He died in ij'iy. KRAUT, or Crout. See Grout. KRISHNA, or Crishna, an eaftern river of con- fiderable magnitude, very little known to Europeans. It annually overflows a vaft tra£l of country, like the Indus on the weftern fide of the empire. It rifes from the foot of the weftern Ghauts, about 45 miles from Severndroog. I here is another branch to the eaft, on which fide is Sattara, a ftrong fortrefs, and once the capital of the Mahratta ftate.. I.he river continues de- feending to the eaft. Into the north fide of the Krifh- na falls the great river Jdima, after traverfing a country 350 miles in extent. The Kriftma, 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 Krilhna is Tung- 4 buddra, vhich falls into it in Lat. 160 2J7, and rifes far to the louthward from a dubious fountain. This river derives eonfiderable celebrity from its having had on its banks at one period the fplendid city of Vijana- gar, in Lat. ij° 22'; founded in 1344 by Belaldeo, king of the Carnatic, which at that time comprehend¬ ed the whole peninfula. This vaft city is laid to have been 24 miles in circumference. In the remaining part of the courfe of the Kriftma, there is nothing to be met with whit h is any way remarkable. KUBESHA.. See Lesguis. KUMI, the name of an ifland fituated between Ja¬ pan and China, which was vifited by the unfortunate navigator Peroufe. The inhabitants of this ifland are neither Japanele nor Chinefe, but Item to participate of the nature of both. They wear a ftiirt and cotton drawers; and their hair, tuckedVip on the crown of the head, is rolled round a needle, probably of gold. Each wears a dagger with a golden handle; 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 feafonabl'e 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 themftlves a proof of wealth,” fo that the trade with its inhabitants would of neceflity be very limited. Kumi lies in 240 33' N. Lat. and I 20° 56' E. Long, from Paris. KUNCKEL, John, a celebrated Saxon chemift, was born in the duchy of Slefwick, in 1630. He be¬ came chemift to the eleclor of Saxony, the eleftor of Brandenburgh, and Charles XI. king of Sweden, who gave him the title of counfellor in metals, and letters of' nobility, with the furname of Louwenjleing. He em¬ ployed 50 years in chemiftry ; in which, by the help of the furnace of a glafshoufe which he had under his care, he made feveral excellent difeoveries, parti¬ cularly of the phofphorus of urine. Hfe died in Swe¬ den in 1^02; and left feveral works, fome in Ger¬ man, and others in Latin : among which, that en¬ titled Obfervationes Chemicce, and the Art of Making Glafs, printed at Paris in 1752, are the moft eL teemed. KURIL or Kurilski Isles, extending from N. Lat. 31. to 43. 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 Auraumahutan ; and there are others on fome of the fmaller iflands. Japan, alfo abounds with volcanoes; fo that there is a feries of fpiraeles from Kamtfchatka to Japan, the laft great link of this extenfive chain.—The Ruffians foon an¬ nexed thefe iflands to their conquefts.. The fea abound-- ed with otters, and the land with bears and foxes; and fome of the ifles fheltered the fable ; but now it is faid, the furs of the fea otters have become extremely fcarce both here and in Kamtfchatka. Of the 21 iflands fubjefl to the Ruffian empire, no more than four are inhabited, which are the firft, fe¬ cond, thirteenth, and fourteenth, as they are diftin- guifhed K U S [ 485 ] K Y P Kuril gui(hed from each other by numbers inftead of names, jj The inhabitants pafs the winter on N° 14, and the fum- mer months on N°I3. The reft of thefe iflands are wholly uninhabited 5 but vifited occafionally, for the purpofe of hunting otters and foxes. Between the iflands 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 iflands may amount to 1400. The natives are hairy, have long beards, and fubfift entirely on the produce of the chace, on feals, and other fpecies of filh. At the time when Peroufe vifited this ifland, the people were exempted for ten years from the tribute paid to the emperor of Iluflia, becaufe the number of otters was greatly diminifhed j a pleafing 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. KURT US, a genus of fifties belonging to the order Jugu/ares. 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 Pruftia, ivho, upon our author’s quitting that Ra¬ tion, procured him a penfion of 400 livfes. He was promifed a profeflbrfliip in the univerfity of Joachim ; and till this ftiould be vacant, being then but 25, he refolved to travel. He read lectures 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 doftor by the univerfity of Cam¬ bridge, which made him feveral advantageous offers to continue there : but he was called to Berlin, where he was inftalled in the profefforftiip promifed him. Afterwards he went to Antwerp ; 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 aflbciate of the Academy of Infcriptions. But he enjoyed this, however, a very fhort time; he died in 1716, aged 46. He was a great mafter of the Latin tongue, and wrote well in it; but his chief Kufter excellence was his fkill in the Greek language, to il which he almoft entirely devoted himfelf. He wrote ^1>/oai" i.’ many w orks; the principal of which are, I. Hiftoria critica Homeri. 2. Jamblicus de vita Pythagoree. 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- triffs in Ayrfhire, Carrick 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 bymiftake; the boundaries of Kyle are the river Doon on the fouth, and the river Irvine on the north. See Ayrshire. KYPHONISM, Kyphonlsmus, or Ctjphouifmus, an ancient punifliment 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 bafket ; and fometimes they ftretched him out on the ground with his hands tied behind him. The word is originally Greek, and comes from Kvipar, which fignifies either they?ale to which the patient was tied, the co//ar fitted to his neck, or an injdrument wherewith they tormented him: the fcholiaft on Ariftophanes fays, it was a w'ooden lock, or cage ; and that it was called fo from kuttUiv, “ to crook or bend,” becaufe it kept the tortured in a crooked, bowing pofture : others take the xvQav for a log of wood laid over the criminal’s head, to prevent his Handing upright : Hefychius defcribes the as a piece of wood whereon criminals were ftretched and tormented. In effeft, 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; after which they were to be precipitated from a rock, dreffed in women’s habit. L. LA femi-vowel, or liquid, making the eleventh 9 letter of the alphabet. It was derived from the old Hebrew Lamed, or Greek Lambda X. 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 fome thing of an afpiration; and therefore the Britons and Spaniards ufually doubled it, or added an h to it, in the beginning of words, as in //an, or /Aan, “ a temple,” founding nearly likey?, &c. In Engliflr words of one fyllable it is doubled at the end, as te//, be//, bnell, &c. but in words of more fyllables than one it is Angle, at the end, as evil, general, conjlitutional, &c.. It is placed after moft of the confonants in the begin¬ ning LAB r 4S6 1 LAB ning of words and fyllables, as black, glare, ad ie, ea-g!e, Labadie ^tc‘ ^ut ^e^ore none. Its found is clear in Abel, but obfcure in able, &.c. As a numeral letter, L denotes 50 ; and with a dalb over it, thus L, 5000. Ufed as an abbreviature, L Hands for Lucius j and L. L. S. for a fefterce. See Sesterce. LA, the fyllable by which Guido denotes the laft found of each hexachord ; if it begins in C, it anfwers to our A j if in G, to E $ and if in F, to D. LABADIE, John, a famous French enthufiaft, fon of John Charles Labadie, governor of Bourges and gentleman in ordinary of the bedchamber to the French Icing, was born in 1610. He entered young into the Jefuits college at Bourdeaux $ which, by his own ac¬ count, he afterwards quitted, but by other accounts was expelled for his peculiar notions, and for hypocrify. He became a popular preacher j but being repeatedly detefted in working upon female devotees with fpiritual inftru£tions for carnal purpofes, his lofs of character among the Catholics drove him among the Proteftants. A reformed Jefuit being thought a great acquifition, he was precipitately accepted as a pallor at Montauban, where 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 priell about the right of interring a dead body, he was at length baniffied that place. The ftory of his affair with the lady, as related by Mr Bayle, may here be given as a fpecimen of his miniltry. Having directed this damfel to the fpiritual life, which he made to conlift in internal recollection and mental prayer, he gave her out a certain point of meditation j and having llrongly recommended it to her to apply herfelf entirely for fume hours to fuch an important objeft, he went up to her ■when he believed her to be at the height of her recol- leClion, and put his hand into her brealt. 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 lead difconcerted, and with a devout air, prevented her thus : “ I fee plainly, my child, that you are at a great dillance from perfeClion ; acknowledge your weaknefs with a humble fpirit ; aik forgivenefs of God for your having given fo little attention to the myfteries upon which you ought to have meditated. Had you bellowed all necellary attention upon thefe things, you would not have been fenfible of what was doing about your brealt. But you are fo much attached to fenfe, fo little con¬ centered with the Godhead, that you were not a mo¬ ment in difcovering 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 fource of immortality and of a Ipiritual Hate ; 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 ol mental prayer better than you have hitherto done.” The young lady, who had as much good fe.pfe as virtue, was no lefs provoked at thefe words than at the bold actions her ghottly inllrudtor ; and could never afterwards bear the name of fuch a holy father. Labadie being driven out of Montauban, went i;2 feek an afylum at Orange : but not finding hhnfelf I fo fafe there as he imagined, he withdrew privately tq Labsdie Geneva, where he impofed on the people by his de- it vout preaching and carriage ; and from thence was , Labat‘ invited to Middleburg, where his fpirituality made him and his followers be confidered as fo many faints, diilinguilhed by the name of Labadijls. They in- creafed fo much, that he excited the attention of the other churches, whofe authority he difputed, till he was formally depofed by the fynod of Dort. Infiead of obeying, he procured a tumultuous fupport from a crowd of his devotees •, and at length formed a little fettlement between Utrecht and Amllerdam, where he eredled a printing prefs, which fent forth many of his works. Here he was betrayed by feme deferters, w ho 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 Holilein, where he died in 1674. LAB ADI STS, a fe£l of religionifts in the 17 th century, followers of the opinions of John Labadie, of wLona 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 ffiould be paid to the internal infpi- ration 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 j but that the new admitted only fpiritual men. 5. That the obfervation of Sunday was a matter of in¬ difference. 6. That ChriH would come and reign 1000 years on earth. 7. That the eucharifl was only a commemoration of the death of Chrift 5 and that, though the fymbols were nothing in themfelves, yet that Chrill was 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 perfeftion, &c. 9. That the man whofe heart was perfe£lly content and calm, half enjoys God, has familiar entertainments with him, and fees all things in him. 10. That this Hate was to be come at by an entire felf-abnegation, by the mortifica¬ tion of the fenfes and their objects, and by the exercife of mental prayer. LABARUM, the banner or ftandard borne before the Roman emperors in the wars. The labarum con- filled of a long lance, with a flaff a-top, croffing it at right angles j from wffiich hung a rich flreamer, of a purple colour, adorned with precious Hones. Till the time of Conflantine it had an eagle painted on it; but that emperor, in lieu thereof, added a crofs with a ci¬ pher expreffing the name of Je/us. This flandard the Romans look from the Germans, Dacse, Sarmalse, Pannonians, &c. whom they had overcome. The name labarum was not known before the time of Conftantine ; but the Handard itfelf, in the form we have deferibed it, abating the fymbols of Chriftianity, was ufed by a}l the preceding emperors. Some derive the word from labor, as if this finiffied their labours ; fome from svAaos;«, “ reverence, piety others from XayJloMtv, “ to take j” and others from hxtpvgx, “ fpoils.” LAB AT, John Baptist, a celebrated traveller, of the order of St Dominic, was born at Paris, taught philofophy LAB [ 487 ] LAB Xabat philofopliy at Nancy, and in 1693 vent to America !i in quality of a miflionary. At his return to France LanorAt-.-y.-n he was lent to the chapter of his order at Bologna to give an account of his million, and itaid feveral years in Italy. He died at Paris in 1738. His principal works are, I. A new voyage to the American illands, 6 vols 1 2mo. 2. Travels in Spain and Italy, § vols i2mo. 3. Anew account of the weltern 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 des Marchais'1 s voyage to Guinea, in 4 vols 12mo. \ and An hijlorical account of the wefern parts of Ethiopia, tranllated from the Italian of Father Ca- vazzi, 5 vbls i2mo. LABDANUM, or Ladanum, a relinous juice which exudes from a tree of the ciftus kind. See Che¬ mistry and Materia Medica Index. LABDASSEBA, a tribe of lavage Arabs inhabit¬ ing the defert of Sahara in Africa. They are conlider- ed as the moll powerful of all thofe tribes except the Ouadeliras, 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 ; commonly ufed with a tangent line on the edge of a circumferen¬ tor, to take altitudes, &c. Label, in Law, is a narrow flip of paper, or parch¬ ment, affixed to a deed or writing, in order to hold the appending feal.—Any paper annexed by way of addi¬ tion or explication, to any will or tellament, 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 mult be fpecified in blazoning. It is ufed on the arms of elded fons while the father is alive, to diflinguiffi them from the younger ; and is edeemed the mod honourable of all differences. See Heraldry. LABIAL letters, thofe pronounced chiefly by means of the lips. LAB I AT ED flowers, monopetalous flowers, con¬ fiding of a narrow tube with a wide mouth, divided in¬ to two or more fegments. See Botany. LABIAU, a fmall tow n of Pruflia, in a circle of the fame name, feated at the mouth of the river Deime, with a drong caflle, two fides of which are fur rounded with water, and the other defended by a wall and ditch. E. Long. 21. 15. N. Lat. 55. 17. LABORATORY, or Elaboratory, the chemids w'orkhoufe, 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, chemidry, pyrotechny, 8tc. 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 direBions can be gi¬ ven which will anfwer for every one. Where the pur- pofes are merely experimental, a Angle furnace or two of the portable kind will be fufficient. It is fcarcely needful to add, that dielves are neceffary for holding veffels w ith the produSs of the different operations : Laboratory> and that it is abfolutely neceffary to avoid confufion ^ and diforder, as by thefe means the produ£ls of the operations might be lod or piidaken for one another. Mortars, filters, levigating flones, &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 and proper apparatus j for which fee Chemistry, and Furnace. Morveau has contrived a portable laboratory with which many chemical experiments may be conveniently performed. The follow ing is a defcription of it. Fig. 1. reprefents the w'hole apparatus ready mounted Plate for dillillation, with the tube of fafety and a pneumatic cclxxxix* receiver. A is the body or refervoir of Argand’s lamp, with its fliade and glafs chimney. The lamp may be raifed or lowered at pleafure by means of the thumb- fcrew B, and the wdck rifes and falls by the motion of the fmall-toothed wheel placed over the wade cup. This condrudlion 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 a£l. D, a fup¬ port confiding of a round dem 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 refpeftive thumb-fcrew'. The arm carries a moveable piece H, which ferves to fufpend the veffels in a convenient fitu- ation, or to fecure 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 re¬ ceivers. Its moveable tablet L is fixed at any requir¬ ed elevation by the wooden fcrew M. The piece which forms the foot of this dand is fixed on the board N ; but its relative pofition wdth regard to the lamp may be changed by Aiding the foot of the latter between the pieces OO. P, another dand for the pneumatic trough. It is raifed or lowered, and fixed to its place, by a flrong wooden fcrew Q. R is a tube of fafety, or reverfcd fyphon, which ferves, in a great meafure, to prevent the bad effefts of having the veffels either perfectly clofed, or perfedtly open. Suppofe the upper beli- fhaped veffel to be nearly of the lame magnitude as the bulb at the lower end of the tube, and that a quantity of water, or other fuitable fluid, fomewhat leis than the contents of that veffel, be poured into the apparatus : In this fituation, if the elaflicity of the contents of the veffel be lefs than that of the external air, the fluid will, defcend in the bulb, and atmofpheric air will follow and pafs through the fluid into the veffels : but, on the contrary, if the eladicity of the contents be greater, the fluid will be either fuflained in the tube, or driven into the bell-fliaped veffel ; and if the force be drong enough, the gafeous matter will pafs through the fluid, and in part efcape. Fig. 2. Shews the lamp furnace difpofid to produce the faline fufion *, the chimney of glafs Ihortcned ; the fupport D turned down j the capiule of platina or filver S placed on the ring very near the flame. Fig. LAB [ 488 ] LAB Laboratory II. Labyrinth. Fig. 3. The fame part of the apparatus, in which, inhead of the capfule, a very thin and fmall crucible of platina T is fubllituted, and refts upon a triangle of iron wire placed on the ring. Fig. 4. Exhibits the plan of fig. 3. Laboratory, in military affairs, fignifics that place where all forts of fire-works are prepared, both for ac¬ tual fervice and for experiments, viz. quick matches, fuzes, port-fires, grape fhot, cafe (hot, carcaffes, hand- grenades, cartridges, Ihells filled, and fuzes fixed, wads, &c. &c. LABOUR, in general, denotes a clofe application to work or bufinefs.—Among feamen a Ihip is faid to labour when hie rolls and tumbles very much, either a-hull, under fail, or at anchor.—It is alfo fpoken of a woman in travail or childbirth ; fee Midwifery. LABOURER, generally fignifies one that does the mofi: flaviih and lels artful part of a .laborious work, as that of hufbandry, mafonry, &c. LABOUREUR, John le, almoner to the king of France, and prior of Juvigne, was born at Montmo¬ rency near Paris in 1623. At the age of 18, he dif- tinguifiied himfelf by publifiiing “ A colltflion of the monuments of illuftrious perfons buried in the church of the Celeffines at Paris, with their elogies, genealo¬ gies, arms, and mottos,” 410. He afterwards pub- liihed an excellent edition of The Memoirs of Michael de Caftelneau, with feveral other genealogical hiftories } and died in 1675.—He had a brother, Louis-/e Labou- reur, bailiff of Montmorency, author of feveral pieces of poetry ; and an uncle, Dome Claude le Labour ear, provoft of the abbey of LTfle Barbe, of which abbey he wrote a hiftory, and publifiied notes and correftions upon the breviary of Lyons, with fome other things. LABRADOR, the fame with Neva BRITAIN, or the country round Hudson's Bay. See. thefe articles. LABRADOR.E STONE, a fpecies of mineral which exhibits a great variety of colours. See Mineralogy Index. LABRUM, in antiquity, a great tub which flood at the entrance of the temples, containing water for the priefls to wafli themfelves in previous to their facrifices. It was-alfo the name of a bathing tub ufed in the baths of the ancients. _ Lx'kBRUS, a genus of fillies belonging to the order of thoraciei. See Ichthyology Index. LABURNUM. See Cytisus, Botany Index, LABYRINTH, among the ancients, was a large intricate edifice cut out into various aifies and meanders running into each other, fo as to render it difficult to get out of it. There is mention made of feveral of tl^ofe edifices among the ancients-, but the moff celebrated are the Egyptian and the Cretan labyrinths. That of Egypt, according to Pliny, was the oldeff of all the known labyrinths, and was fubfifting in his time after having flood 3600 years. He fays it was built by King Petefucus, or Tithoes j but Herodotus makes it the work of feveral kings : it flood on the banks of the lake Moeris, and confifted of 12 large contiguous palaces, containing 3000 chambers, ijco of which were under ground.—Strabo, Diodorus Sicu¬ lus, Pliny, and Mela, fpeak of this monument with the fame admiration as Herodotus : but not one of them tells us that it was conflru&ed to bewilder thofe who attempted to go over it; though it is manife.fi: that, Labyviniji, without a guide, they would be in "danger of lofing '—'V"—^ tlnir way. It was this danger, no doubt, which introduced a new term into the Greek language. The word laby¬ rinth, taken in the literal fenfe, fignifies a circumferi- bed fpace, interfered by a number of paffages, fome of which crofs each other in every direftion like thofe in quarries and mines, and others make larger or fmaller circuits round the place from which they depart like the fpiral lines we fee on certain (hells. In the figura¬ tive fenfe, it was applied to obfeure and captious quef- tions, to indirer and ambiguous anfwers, and to thofe difeuflions which, after long digreflions, bring us back to the point from which we let out. * The Cretan labyrinth is the moft famed in hiflory or fable $ having been rendered particularly remarka¬ ble by the ftory of the Minotaur, and of Thefeus who found his way through all its windings by means of Ariadne’s clue. On Plate CCLXXX1X. is exhibited a fuppofed plan of it, copied after a draught given by Meurfius *, taken from an ancient (lone.—But what * In Cret. was the real nature of this labyrinth, merits a more fib- particular inquiry. caP* *• Diodorus Siculus relates as a conjecture, and Pliny as a certain fatff, that Daedalus conftructed this laby¬ rinth on the model of that of Egypt, though on a lefs (bale. They add, that it was formed by the command of Minos, who kept the Minotaur (hut up in it; and that in their time it no longer exifted, having been ei¬ ther deftroyed by time, or purpofely demoliihed. Dio¬ dorus Siculus and Pliny, therefore, confidered this la¬ byrinth as a large edifice ; while other writers repre- fent it (imply as a cavern hollowed in the rock, and full of winding paffages. T. he two former authors, and the writers lafl mentioned, have tranfmitted to us two different traditions ; it remains for us to choofe that which is moft probable. If the labyrinth of Crete had been conftrubled by Dcedalus under Minos, whence is it that we find no mention, of it, neither in Homer, who more than once fpt aks of that prince and of Crete ; nor in Herodotus, who deferibes that of Egypt, after having faid that the monuments of the Egyptians are much fuperior to thofe of the Greeks ; nor in the more ancient geogra¬ phers ; nor in any of the writers of the ages when Greece flouriftied ? This work was attributed to Daedalus, whofe name is alone fufficient to diferedit a tradition. In fa£l, his name, like that of Hercules, had become the refource of ignorance, whenever it turned its eyes on the early ages. All great labours, all works which required more ftrength than ingenuity, were attributed to Hercules ; and all thole which had a relation to the arts, and re¬ quired a certain degree of intelligence in the execution, were aferibed to Daedalus. The opinion of Diodorus and Pliny fuppofes, that in their time no traces of the labyrinth exifted in Crete, and that even the date of its deftrubtion had been for¬ gotten. Yet it is faid to have been vifited by the dif- ciples of Apollonius of Tyana, who was colemporary with thofe two authors. The Cretans, therefore, then believed that they poffeffed the labyrinth. “ I would requeft the reader (continues the abbet travels Barthelemif, from whom thefe obfervalions are ex-°fA>litchat- traaed/'’ 44 LABORATORY. PLATE CCLXXXLX LABYKINTH• by Hf&D.ZixaTxr-EdmT lbx/n7r Sc Engraved \ * ■ LAC r 489 ] ' LAC labyrinth, trailed) to attend to the following paffage in Strabo. kac~ At Napulia, near the ancient Argos, (lays that judi- cious writer), are ftill to be feen vaft caverns, in which are conftrufted labyrinths that are believed to be the work of the Cyclops : the meaning of which is, that the labours of men had opened in the rock paffages which croffed 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. “ VVere there feveral labyrinths in that ifland ? An¬ cient authors fpeak only of one, which the greater part place at CnolTus; and fome, though the number is but fmall, at Gortyna. “ Belon and Tournefort have given us the defcrip- tion of a cavern fituated at the foot of Mount Ida, on the fouth fide of the mountain, at a fmall diftance from Gortyna. This was only a quarry according to the former, and the ancient labyrinth according to the latter ; whofe opinion I have followed, and abridg¬ ed his account. Thofe who have added critical notes to his work, befides this labyrinth, admit a fecond at Cnoffus, 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 thefe it appears of a fquare form, on others round : on fome it is only Iketched 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 appears to me to be of about the 15th century before Chrift, 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 poffeflion of that celebrated cavern j and it al- fo appears that the Gortynians did not pretend to con- teft their claim, fince they have never given the figure of it on their money. “ The place where I fuppofe the labyrinth of Crete to have been fituated, according to Tournefort, is but one league diftant from Gortyna *, and, according to Strabo, it was diftant from Cnoffus fix or feven leagues. All we can conclude from this is, that the territory of the latter city extended to very near the former. “ What was the ufe of the caverns to which the - name of labyrinth was given ? I imagine that they were firft excavated in part by nature 5 that in fome places ftones were extra£led from them for building cities j and that in more ancient times they ferved for a habitation or afylum to the inhabitants of a diftrifl expofed to frequent incurfions. In the journey of Ana- charfis through Phocis, I have fpoken of two great ca¬ verns of Parnaffus, in which the neighbouring people took refuge •, in the one at the time of the deluge of Deucalion, and in the other at the invafion of Xerxes. I here add, that, according to Diodorus Siculus, the moft ancient Cretans dwelt in the caves of Mount Ida. The people, when inquiries were made on the fpot, faid that their labyrinth was originally only a prifon. It may have been put to this ufe ^ but it is difficult to believe, that, to prevent the efcape of a few un¬ happy wretches, fuch immenfe labours would Jiave been undertaken.” Labyrinth of the Ear. See Anatomy. LAC, Milk. See Milk, Chemistry Index. Vol. XI. Part II. Lac, Gum. See Lacca. LACCA, Lac, or Gum Lac, is a fubflance, of which a fpecies of infers form cells upon trees, like honeycombs. This is the coccus lacca, Lin. See En¬ tomology Index. In thefe cells remain fome of the dead infedts, which give a red colour to-the whole fub- ftance of the lac. That called Jlkk lac is the wax ad¬ hering to fome of the fmall branches of the tree, and w'hich is unprepared. This lac, when feparated from the adhering flicks', and grofsly powdered, and deprived of its colour by digeftion with menftruums for the fake of the dyes and other purpofes, is tailed /m/ lac; when the flick lac is freed from impurities by melting it o- ver a gentle fire, and formed into cakes, it is called lump lac ; and, laftly, that called Jhell lac is the cells liquefied, ftrained, and formed into thin tranfparent laminae. See Dyeing Index. The following are fome of the purpofes to which this fubftance is applied. 1. For feahng wax. Take a flick, and heat one end of it upon a charcoal fire j put upon it a few leaves of the fhell lac foftened above the fire ; keep alternately heating and adding more ftiell lac until you have got a mafs of three or four pounds of liquefied fhell lac upon the end of your flick (in which manner lump lac is formed from feed lac). Knead this upon a wetted board with three ounces of levigated cinnabar j form it into cylindrical pieces and to give them a polifti, rub them while hot with a cotton cloth. 2. For 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 ■with the half melted lac, and polifti by rubbing it even with a piece of folded plantain leaf held in the hand j heat¬ ing 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. For grindfones. Take of river fand three parts, of feed lac wafhed one part: mix them over the fire in a pot, and form the mafs into the fhape of a grind- ftone, 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 be eafily be formed into an exa£t orbicular fhape. Polifhing grindflones are made only of fuch fand as will pafs eafily through fine muf- lin, in the proportion of two parts fand to one of lac. This fand is found at Ragimaul. It is compofed of fmall angular cryflalline particles tinged red with iron, two parts to one of black magnetic fand. The flone- cutters, inftead of fand, ufe the powder of a very hard granite called corune. Thefe grindftones cut very fall. When they want to increafe their power, they throw fand upon them, or let them occafionally touch the edge of a vitrified brick. The fame compofition is formed upon flicks, for cutting ftones, fhells, &cc. by the hand. 3 & 5- For Lae, Lacca. & A C [ 490 ] LAC fcacta. j1, For painting. Take one gallon of the red liquid from the firft wafhing for fhell lac, drain it through a cloth, and let it boil for a fhort time, then add half an ounce of foap earth (foffil alkali) j boil an hour more, and add three ounces of powdered load (bark of a tree) ; boil a fliort time, let it ftand all night, and drain next day. Evaporate three quarts of milk without cream to two quarts upon a flow fire, curdle it with four milk, and let it dand for a day or two j then mix it with the red liquid above mentioned ; drain them through a cloth $ add to the mixture one ounce and a half of alum, and the juice of eight or ten lemons: mix the whole, and throw it into a cloth bag drainer. The blood of the infe£l forms a coagulum with the cafeous part of the milk,, and remains in the bag, while a lim¬ pid acid water drains from it. The coagulum is dried in a drade, and is ufed as a red colour in painting and colouring. The method of obtaining the fine red lac ufed by painters from this fubdance, is by the following fimple procefs: Boil the dick lac in water, filter the decoflion, and evaporate the clear liquor to drynefs over a gentle fire. Theoccafion of this eafy fepara'tionis, that the beau¬ tiful red colour here feparated, adheres only dightly to the outfides of the dicks broke off the trees along with the gum lac, and readily communicates itfelf to boiling water. Some of the dicking matter alfo adhering to the gum itfelf, it is proper to boil the whole together for the gum does not at all prejudice the 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 dick lac is the fort ufed. It is of great edeem 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 tindlure is made from it with rectified fpirit. This tinfture is recommended alfo internally in the fluor albus, and in rheumatic and fcorbutic dif- qrders : it has a grateful fmell, and not unpleafant, bitterifh, adringent tade. The gum-lac has been ufed as an eleflric, indead of glafs, for eleffrieal machines. See Lacquer, Lake, and Varnish. Arlifictiil Lacca, or Lacqve, is alfo a name given to a coloured, fubdance drawn from feveral flowers j as the yellow from the flower of the juniper, the red from the poppy, and the blue from the iris or violet. The tindlures of thefe flowers are extracted by digefiing them feveral times in aqua vitm, or by boiling them ©ver a flove fire in a lixivium of pot allies and alum. An artificial lacca is alfo made of Brafil wood, boil¬ ed in a lixivium of the branches of the vine, adding a lit.le cochineal, turmeric, calcined alum,, and arfenic, incorporated with the bones of the cuttle filh 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 ; 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 «£ a month, and mixed with alum incorporated ia cuttle filh bone. For other proceffes, fee COLOUR- Lasea,. dialing. Lace. LACE, in Commerce, a work compofed 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 xvhen tarnifhed.—Yox this purpofe alkaline liquors are by no. means to be ufed j for while they clean the gold, they corrode the filk, and change or difcharge its colour. Soap alfo alters the lhade, and even the fpecies, of cer¬ tain colours. But fpirit of wine may be uftd without, any danger of its injuring either the colour or quality of the fubjedt; and in many cafes proves as effectual, for reftoring the luftre of the gold, as the corrofive de¬ tergents. A rich brocade, flowered with a variety of colours, after being difagreeably tarnilhed, had the luftre of the gold perfedlly reflored by waffling it with a foft brufli dipt in warm fpirit of wine ; and fome of the colours of the filk, which were likewife 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 artiffs is no other than this fpirit difguifed. A- mong liquids, Dr Lewis fays, he does not know of any other that is of fufficient adtivity to difeharge the foul matter, without being hurtful to the filk : as to pow¬ ders, however fine, and however cautioufly ufed, they fcratch and wear the gold, which here is only fuperfU cial and of extreme tenuity. But though fpirit of wine is the moft innocent mate¬ rial that can be employed for this purpofe, it is not in all cafes proper. The golden covering may be in iome. 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, tarniffied to a yellow hue, may continue a tolerable colour to the whole j in which cafes it is apparent, that the removal of the tarnifh would be prejudicial to the colour, and make the lace or embroidery lefs like gold than it was before. A piece of old tamiffied gold lace, cleaned by the fpirit of wine, was deprived, with its tarnith, of the greateft part of its golden hue, and looked now almoft like fil¬ ver lace. Method offeparating the Gold and Silver from LACK 'without burning it.—Cut the lace in pieces, and (hav¬ ing feparated the thread from it by which it was fewed to the garment) tie it up in a linen cloth, and boil it in foap ley, diluted with water, till you perceive it isi diminifhed in bulk •, which will take up but a little time, unlefs the quantity of lace be very confiderable. Then take out the cloth, and waflr it fevcral times in ■ cold water -, fqueezing it pretty hard with ynur foot, or beating it with a mallet, to clear it of the foap ley then untie the cloth, and you will have the metallic part of the lace pure, and nowhere altered in colour or diminilhed in weight. This method is abundantly more convenient and lefs troublefome than the common way of burning j and as a fmall quantity of the ley will be fufficient, the expenca- L.ice LAG [49 expence will be trilling, efpecially as the fame ley may be ufed feveral times, if cleared of the filky calcination. It may be done in either an iron or copper vtflel. The ley may be had at the foap boilers, or it may be made of pearl a(h 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 fubftance, and all animal fubftances are foluble in al¬ kalies, efpecially when rendered more cauilic by the addition of quicklime •, but the linen you tie it in, be¬ ing a vegetable, will remain unaltered. Blond Lace, a lace made of fine linen thread or filk, much in the fame manner as that of gold and filver. The pattern of the lace is fixed upon a large round pil¬ low, and pins being ftuek into the holes or openings in the patterns, the threads are interwoven by means of a number ot 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 exadlly refemole the pattern. There are feveral towns in England, and particularly in Buckinghamfhire, that carry on this manufa&urey but vail 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 -firft who introduced the wovfhip of the Graces in La¬ conia, and who firft built them a temple, from Lace- dtemon and his wife, the capital of Laconia was called Lacedcemon and Sparta. Lacedaemon, a noble city of Peloponnefus, cal¬ led alfo Sparta; thefe names differing in this, that the latter is the proper and ancient name of the eity, the former of the country, which afterwards came to be applied to the city (Strabo, Stephanus). Homer alfo makes this diftinftion j who calls the coun¬ try holy, becaufe encompaffed with mountains. It has alfo been feverally known by the name of Le/egia, from the Leleges the firft inhabitants of the country, or from Lelex one of their kings ; and Oebalia, from Oebalas the fixth king from Eurotas. It was alfo cal¬ led Hecatompolis, from 100 cities which the whole pro¬ vince once contained. This city was the capital of La¬ conia, fituated on the right or weft fide of the Euro¬ tas : it was lefs in compals than, however equal, or even fuperior to, Athens in power. Polybius makes it 48 ffadia, a circuit much inferior to that of Athens. Le¬ lex is fuppofed to have been the firft king of Lace¬ daemon. His defcendants, 13 in number, reigned fuc- ceflively after him, till the reign of the fons of Oreft- es, when the Heraclidse recovered the Peloponnefus about 80 years after the Trojan war. Procles and Eu- ryfthenes, the defcendants of the Heraclidte, ufurped the crown together; and after them it was de creed that the two families ftiould always fit on the throne together. The monarchical power was abolilhed, and the race of the Heraclidae extinguilhed 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 (Nepo-). At length in Caffander’s time, or after, when the city was in tb^ hands of tyrants^ difhufting the defence by arms and I ] LAG bravery, a wall was built round it, at firft ftight, and in a tumultuary or hafty manner j which the tyrant Ir,cn ' Nabis made very ftrong (Livy, Juftin). Paufanias l! afcribes the firft; walls to the times of Demetrius and 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 fbme time after became a Roman province when reduced by Mummius. See Sparta.——JL he pre- fent city is called Mifitra, 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 oft 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 fliort, but was lengthened after it became fafhionable, which was not till the civil wars and the triumvirate ; before this time it was confined to the foldiers. Sena¬ tors were forbidden wearing it in the city by Valen- tinian and Theodofius. Martial makes mention of la- cernte worth 10,000 fefterces. Some confound this garment with the penula ; but it feems rather to have refembled the chlamys and birr us. LACERTA, including the Lizard, Crocodile, ■&c. a genus of amphibious animals, belonging to the order of reptilia. See Erpetolcgy Index. LACHES, (from the French lofcher, i. e. laxare, or lafche, ignavus), in the Englifli law figmfies flack- nefs or negligence, as it appears in Littleton, where laches of entry is a neglefl of the heir to enter. And probably it may be an old Englilh word : for where we fay thefe is laches of entry, it is all one as it it were faid there is a lack of entry : and in this fignifi- cation it is ufed. No laches fttall be adjudged in the heir within age ; and regularly, laches {hall not bar in¬ fants or femme coverts for not entry or claim, to avoid defcents ; but laches {hall be accounted in them for non-performance of a condition annexed to the ftate of the land. f LACHESIS, in Mythology, one of the Parcos. Her name is derived from 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 liars, and holding fpindles in her hand. LACHISH, in Ancient Geography, a city fouth- ward of the tribe of Judah. Eufebius and St Jerome tell us, that in their time there was a village called Lachifh, feven miles from Eleutheropolis, fouthward. Sennacherib befieged Lachilh, but did not take it. From thence it was that he fent Rabfhakeh againft Je- rufalem. Here King Amaziah was {lain by his rebel fubjefls. LACHNEA, a genus of plants belonging to the oftandria clafs, and in the natural method ranking un¬ der the 31ft order, Vtprecu/ce. See Botany Index. I.ACHRYMAL, in Anatomy, an appellation givem to feveral parts of the < ye. See ANATOMY. LACHRYMATORY, in antiquity, a veffel where¬ in were* collefted 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 friend* 3&» * Lachrytra, LAC [ 492 ] LAC Lachryma tory II Lacquers. of the deoeafed, or the pr 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 fliip touches far refreftiments in her paflage from A- capulco to the Philippines. The ifland of Tinian af¬ forded an afylum to Commodore Anfon in 1742 *, and the mafterly manner in which the author of that voy¬ age paints the natural beauties of the country, has gi¬ ven a degree of eftimation not only to this ifland, 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 of this climate and country than the former navigator. The water, he fays, is brackiflr, and full of worms ; many of his men were feized with fevers, occafioned by the intenfe heat •, the thermometer, which was kept on board the fliip, generally flood at 86°, which is but 10 or 11 degrees lefs than the heat of the blood at the heart j and had the inftrument been afliore, he ima¬ gines it would have flood much higher than it did. It was with the greateft difficulty that they could pene¬ trate through the woods •, and when they had fortu¬ nately killed a bull, and with prodigious labour drag¬ ged it through the forefts to the beach, it ftunk, and was full of fly-blows by the time it readied the fliore. The poultry was ill tafted ; and within an hour after it was killed, the flefli became as green as grafs, and fwarmed. with maggots, The wild hogs were very fierce^ and fo large, that a carcafs frequently weighed 200 pounds. Cotton and indigo were found on the ifland. Captain Wallis continued here a month in 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 contracted into the prefent appellation. It properly belongs only to the daughters of earls, and all of higher rank ; but cuftom has made it a word of complaifance for the wives of knights and of all emi¬ nent women. As to the original application of this expreflion, it may be obferved, that heretofore it was the fafliion for 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, the lady of the manor diftributed to her poor neighbours, with her 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 cuftom, that to this day the ladies in this kingdom alone ferve the meat at their own table. Ladrons Lasvinus. 1 JM,J Index, LADr's Bedjiraw. See GALIUM, LabT's Mantle. See Alchemilla, ( g0TAN7 LaBT's Smoke. See CARDAMINE, 1 Labt's Slipper. See Cypripedium, Labt's TreJJes. See Ophrys, LabT Day, in Law, the 25th of March, being the annunciation of the Holy Virgin. See Annuncia¬ tion-. LiELIUS, Caius, a Roman eonful and great ora¬ tor, furnamed the Wife, diftinguiihed himfelf in Spain in the war againft Viriathus the Spanifh general. He is highly praifed by Cicero, who gives an admirable defeription of the intimate friendship which fubfifted between Radius and Scipio Africanus the Younger. His eloquence, his modefty, and his abilities, ac¬ quired him a great reputation j and he is thought to have affifted Terence in his comedies. He died about the year 1 26 B. C. LiENA, in antiquity, w'as a gown worn by the Roman augurs, and peculiar to their office. In this gown they covered their heads, when they made their obfervation on the flight of birds,,&c. See Augur. LAER. See Bamboccia. L/ESTRYGONES, the moft ancient inhabitants of Sicily. Some fuppofe them to be the fame as ths people of Leontium, and to have been neighbours to the Cyclops. They fed on human flefti 5 and when Ulyffes came on their eoafts, they funk his (hips and devoured his companions. They were of a gigantic ftature, according to Homer’s defeription. A colony of them, as fome fuppofe, paffed over into Italy with Lamus at their head, where they built the town of Formise, whence the epithet of Lajlrygonia is often ufed for that of Formiana. LJETIA, a genus of plants belonging to the poly- andria clafs, and in the natural method ranking with thofe of which the order is doubtful. See Botany Index. L/EVINUS, Torrentinus, commonly called Van- der Bekin, or Tprrentin, was 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 mofl; illuftrious perfonages of his- LAG [ 49^ ] LAI Levinus time. On his return to the Low Countries •, he was T )l made canon of Liege, and vicar-general to Erneft de -‘"A-jU_neS'. Baviere, bithop of that fee. At length, having exe¬ cuted a fuccefsful embaffy to Philip II. of Spain, he was rewarded with the bifhopric of Antwerp j from whence he was tranflated 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 curiofities. He wrote feveral poems that obtained him the charafter of being, after Horace, the prince of lyric poets. LAiVIUS, a Latin poet. It is not well known at what 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 tell from what work he borrowed them. Lse- vius had alfo compofed a poem, entitled, The Cen¬ taurs, which Feftus quotes under the title of Petra- rum. LAGAN, or Lagon. See Flotsom. LAGEMAN {logammannus'), homo habeas legem, or homo legalis feu legitimus; fuch as we call now “ good men of the jury.” The Word is frequently ufed in Domefday, and the law's of Edward the Con- felfor, cap 38. LAGEN (Lagena), in ancient time, was a meafure of wine, containing fix fextarii : whence probably is derived our flagon. The lieutenant of the Tower has the privilege to take imam lagenam vini ante malum et retro, of all wine (hips that come upon the Thames ; and Sir Peter Leicefter, in his Antiquities of Chelhire, interprets lagena vini, “ a bottle of wine.” LAGEPiSTROEMIA, a genus of plants belong¬ ing to the polyandria clafs. See Botany Index. LAGNY, a town of the Ifle of France, with a fa¬ mous Benediftine abbey. It is feated on the river Marne, in E. Long. 2. 45. N. Lat. 48. 50. LAGOEC1A, a genus of plants belonging to the pentandria clafs. See Botany Index. LAGOON, an ifiand in the South fea, lying in S. Lat. 18. 47. W. Long. 139. 28. It is of an oval form, with a lake in the middle, which occupies much the greateft 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. Their 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 ifland was difcovered by Captain Cook in April 1769. L AGOPUS, the Ptarmigan. See Tetrao, Or¬ nithology hidex. LAGOS, a fea port town of Portugal, in the pro¬ vince of Algarva, wfith a cattle near the fea, where there is a good harbour, and where the Englifh fleets bound to the Straits ufually take in frefti water. W. Long. 8. 5. N. Lat. 36. 45. LAGUNA, or San Chrfloval de Laguna, a confi- derable town in the ifland of Teneriffe, near a lake of the fame name, on the declivity of a hill. It has very handfome buildings, and a fine fquare. W. Long. 16. 24. S. Lat. 28. 30. LAGUNES of Venice, are marlhes or lakes in Italy on which Venice is feated. They communicate with the fea, and are the fecurity of the city. There Lagunti are about 60 iflands in thefe Lagunes, which together 11 make a bifliop’s fee. Eurano is the moft confiderable, Fa‘reffe« next to thofe 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 pro¬ vince of Gothland, and territory of Halland, feated near the Baltic fea, with a cattle and a harbour, in E. Long. 13. 13. N. Lat. 56. 35. LAHOR, a large town of Afia, in Indoftan, and capital of a province of the fame name, and one of the molt confiderable in the Mogul’s dominions. It is of a vaft circumference, and contains a great number of mofques, public baths, caravanferas, and pagods. It was 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 thady trees, which runs from this to Agra, that is upwards of 300 miles. Here they have manufactures of cotton cloths and fluffs of all kinds, and they make very curious carpets. E. Long- 75- 55- N. Lat. 31. 40.. LAINEZ, 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- neralfnip 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 faft the found¬ er of the w'orft part of their inftitution : 1. The right of making all forts of contrafts (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 conftitutions. 3. The power of making new, and altering the old : this open¬ ed the door to their bloody political tenets, not to be attributed to Loyola. 4. That of having prifons in¬ dependent of the fecular authority, in which they put to death refraftory brethren. Lainez died in 1565, aged 53- LAlRESSE, Gerard, an eminent Flemilh paint¬ er, born at Liege in 1640. He received the principal part of his inftruftion 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 diftreffed circumftances ; but an accidental recommen¬ dation carrying him to Amfterdam, he foon exchan¬ ged want and obfcurity for affluence and reputation. He was a perfeft mailer of hiflory ; his defigns are diltinguilhed by the grandeur of the compofition ; and the back grounds, wherever the fubjefts required it, are rich in architefture, which is an uncommon cir- cumftance in that country. He had the unhappinefs to lofe his fight feveral years before his death, which happened in 1711 j fo that the treatife on Defign and Colouring, which paffes under his name, was not wrote by him, but collefted from his obfervations after he was blind, and publilhed after his death. He had three fons, twm of whom w'ere painters ', and alfo three brothers, Erneft, James, and John ; Erneft and John painted animals, and James was a flower painter. He engraved a good deal in aquafortis : his works confifi: of 256 plates, above half of which w'ere done with his own hand. He wrote an excellent book on the art, which L A K [ 497 ] L A K whicli has been tranflated into Engliih, and printed at London both in 4to and 8vo. LAIS, a celebrated courtezan, daughter of Timan- dra, the miftrefs of Alcibiades, born at Hyccara in Si¬ cily. She was carried away from her native place when Nicias the Athenian general invaded Sicily. She firtt began to fell her favours at Corinth for 10,000 drach¬ mas, and the imtnenfe number of princes, noblemen, philofophers, orators, and plebeians, which courted her embraces, (how how much commendation is owed to her perfonal charms. The expences which attended .her pleafures, gave rife to the proverb of Non cuivis homini contingit adire Corinthum. Even Demofthenes himfelf vilited Corinth for the fake of Lais; but when he was informed by the courtefan, that admittance to her bed was to be bought at the enormous fum of a- bout 200I. Engliih money, the orator departed, and obferved that he would not buy repentance at fo dear a price. The charms which had attra&ed Demo¬ fthenes to Corinth had no influence upon Xenocrates. When Lais faw the philofopher unmoved by her beau¬ ty, ftie vifited his houfe herfelf; but there (he had no reafon to boafl; of the licentioufnefs or eafy lubmiflion of Xenocrates. Diogenes the Cynic was one of her warmeft admirers, and though filthy in his drefs and manners, yet he gained her heart, and enjoyed her moft unbounded favours. The fculptor Mycon alfo fo- licited 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 co¬ lour, but to no purpofe : “ Fool that thou art (faid the courtefan) to alk what I refufed yefterday to thy fa¬ ther.” Lais ridiculed the aufterity of philofophers, and laughed at the weaknefs of thofe who pretend to have gained a fuperiority over their paflions, by ob- ferving that the fages and philofophers of the age were not above the reft of mankind, for {lie found them at her door as often as the reft of the Athenians. The fuccefs which her debaucheries met at Corinth encou¬ raged Lais to pafs into Theffaly, and more particular¬ ly to enjoy the company of a favourite youth called Hippoftratus. She was however difappointed : the wo¬ men of the place, jealous of her charms, and appre- henfive of her corrupting the fidelity of their hulhands, affaffinated 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 diftinguiftied from the cler¬ gy ; (fee Clergy). 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, and Maritime. LAKE, a colledlion of waters contained in fome cavity in an inland place, of a large extent, furround- ed wdth 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 thofe that are temporary owe their origin to the rain, and the cavity or depreffion of the place in which they are lodged: thus in India there are feveral fuch lakes made Vol. XI. Part II, by the induftry of the natives, of which fome are a Lake, mile, and fome two miles, in circuit; thefe are fur- J rounded 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 alfo feveral of this kind formed by the inundations of the Nile and the Niger; and in Mufcovy, 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 ow'e 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; where 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 w'ater, it overflows and forms a river : of this kind is the Wolga, at the head of the river Wolga ; the lake Odium at the head of the Tanais ; the Adac, from whence one branch of the river Ti¬ gris flow's; the Ozero, or White lake, in Mufcovy, which is the fource of the river Shakfna ; the great lake Chaamay, which emits four very large rivers, which water the countries of Siam, Pegu, &.c. viz. the Menan, the Ava, the Caipoumuo, the Laquia, &c. The third fpecies of lakes, which receive rivers but emit none, apparently owe their origin to thofe rivers which, in their progrefs from their fource, falling in¬ to fome extenfive cavity, are colledled together, and form a lake of fuch dimenfions as may lofe as, much by exhalation as it continually receives from thefe fources: of this kind is that great lake, improperly called the Cafpian fea ; the lake Afphaltites, alfo call¬ ed the Dead fea ; the lake of Geneva, and feveral others. Of the fourth fpecies, wdiich 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 water 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 frefh water and thofe of fait. Dr Halley is of opinion, that all great perennial lakes are faline, either in a greater or lefs degree; and that this faltnefs increafes with time : and on this foundation he propofes a method for determin¬ ing the age of the world. Large lakes anfwer the moft valuable purpofes in the northern regions, the warm vapours that arife from them moderating the pinching cold of thofe climates ; and, w'hat is ftill a greater advantage, when 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 refreflied with frequent {bowers, and confequently prevent their being barren deferts. Lake, or Lacqt/e, a preparation of different fub- ftances 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 precefs, are called by the common name lacquer. See Lacca. The method of preparing thefe in general may be 3 H known L A K [ 498 ] LAM Lake, known t>y the example of that of the curcuma root of v.,^"Vn." 1 (hops, called turmeric root; the proceis 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 •, put all into a glazed earthen veffel, and let them boil together over a clear gentle fire, till the water appears highly impregnated with the root, and will {lain 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 j 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 walhed many times with frefii water, till the water comes off 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 ftrong tex¬ ture, as madder, logwood, &c. but it will not fucceed in the more tender fpecies, as the flowers of rofes, vio¬ lets, &x. as it deftroys the nice arrangement of parts in thofe fubjefts 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 aihes 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 j then take out the flowers, and put the ley to boil in earthen veffels over the fire j add as much alum as the liquor will dif- folve ;, then empty this ley into a veffel of clean water, and it will give a yellow colour at the bottom. Let all fettle, and decant off the clear liquor. Wafh this powder, which is found at the bottom, with more wa¬ ter, till all the falls of the ley are walhed off; then fe- parate the yellow matter, and dry it in the lhade. It proves a very valuable yellow. Handmaid Lake is at prelent feldom prepared from any other to the Arts, fubftance than fcarlet rags, cochineal, and Bralil wood, vol i. p. Gi-Xhe bell of what is commonly fold is made from the colour extracted from fcarlet rags, and depofited on the cuttle-bone ; and this may be prepared in the fol¬ lowing manner : Diffolve a pound of the bell pearl alhes in two quarts of water, and filtfe the liquor through paper j add to this folution two more quarts of water and a pound of clean fcarlet Ihreds, and boil them in a pew ter boiler till the Ihreds have loft their fcarlet co¬ lour take out the Ihreds and prefs them, and put the coloured whaler yielded by them to the other : in the lame folution boil another pound of the Ihreds, pro¬ ceeding in the fame manner ; and likewife a third and fourth pound. Whilft this is doing, difl'olve a pound and a kalf of cuttle-filh bone in a pound of ftrong aquafortis in a glafs receiver j adding more cf the bone it it appear to produce any ebullition in the aquafortis j and pour this {trained folution gradually into the other j but if any ebullition be occafioned, more of the cuttle- filh bone mult be diffolved 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 off the water ; and ftir the lake in two gallons of hard fpring water, and mix the fediment in two gallons of frelh water , let this method be repeated four or five times. If no hard water can be procured, or the lake appears too purple, half an ounce of alum ftiould be added to each quantity of water before it be Lake, , ufed. Having thus fufficiently freed the lake from Lama, the falls, 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 mull be fullered to dry, and the preparation is com¬ pleted. Lake may be prepared from cochineal, by gently boiling two ounces of cochineal in a quart of water j filtering the folution through paper, and adding two ounces of pearl-allies diffolved in half a pint of warm water, and filtered through paper. Make a folution of cuttle-bone as in the former procefs j and to a pint of it add two ounces of alum difl'olved 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 Bralil wood, by boiling three pounds of it for an hour in a folution of three pounds of common fait in three gallons of water, and filtering the hot fluid through paper ; add to thjs a folution of five pounds of alum in three gallons of water. Diffolve three pounds of the bell 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 directions given in the firft procefs with re¬ gard to the fediment. If half a pound of feed lac be added to the folution of pearl-allies, and diffolved in it before its purification by the filtre, and two pounds of the wood, and a proportional quantity of the common fait and wrater be ufed in the coloured folution, a lake will be produced that will Hand well in oil or water, but is not fo tranfparent in oil as without the feed lac. The lake with Brafil wrood may be alfo made by add¬ ing half an ounce of anotto to each pound of the wood 5 but the anotto mult be diffolved in the folution of pearl-alhes. There is a kind of beautiful lake brought from China ; but as it does not mix well with either water or oil, though it diffolves entirely in fpirit of wine, it is not of any ufe in our kinds of painting. This has been erroneoully called fafflower* 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 varnilh painting, where there is no fear of flying, and alfo for putting under cryftal to imitate the vinegar garnet, may be prepared by boiling four ounces of the bell anotto and one pound of pearl-allies half an hour in a gallon of w’ater j and {training the folution through paper. Mix gradually with this a folution of a pound and a half of alum in another gallon of water j defin¬ ing when no ebullition attends the commixture. Treat the fediment in the manner already direfted 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 LAM [ 499 ] L A M Xa:na. The lama is not only adored by the inhabitants of the —country, but alfo by the kings of Tartary, who fend him rich prefents, and go in pilgrimage to pay him adoration, calling him lama congiu, i. e. “ god, the everlalting father of heaven.” He is never to be feen but in a fecret place of his palace, amidft a great num¬ ber of lamps, fitting crofs-legged upon a cufhion, and adorned all over with gold and precious (tones 5 where at a diftance they proftrate themfelves before him, it not being lawful for any to kifs even his feet. He is called great lama, or lama of lamas ; that is, “ pried of prieds.” The orthodox opinion is, that when the grand lama feems to die either of old age or infirmity, his foul in fa£t only quits a crazy habitation to look for another younger or better •, and it is diicovered again in the body of fome child, by certain tokens known only to the lamas or prieds, in which order he always appears. The following account of the ceremonies attend¬ ing the inauguration of the infant lama in Thibet is extracted from the fird volume of the Afiatic Re- fearches. The emperor of China appears on this occafion to have affumed a very confpicuous part in giving tedi- mony of his refpeft and zeal for the great religious fa¬ ther of his faith. Early in the year 1784, he difmif- fed anibaffadors from the court of Pekin to Teedioo Loomhoo, to reprefent their fovereign in fupporting the dignity of the high pried, and do honour to the oc¬ cafion of the aflumption of his office. Dalai Lama and the viceroy of Lada, accompanied by all the court, one of the Chinefe generals da tinned at Lafla with a part of the troops under his command, two of the four magidrates of the city, the heads of every monadery throughout Thibet, and the emperor’s ambafladors, appeared at Teedioo Loomboo, to celebrate this epocha in their theological inditutions. 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 mod aufpicious for the ceremony of inauguration : a few days previous to which the lama was conduced from Terpaling, the mo¬ nadery in which he had pafled his infancy, with every mark of pomp and homage that could be paid by an enthufiadic people. So great a concourfe as allembled either from curiofity or devotion was never feen before, for not a perfon of any condition in Ihibet was abfent who could join the fuite. The proceffion was hence necefiarily condrained to move fo flow, that though Terpaling is fituated at the didance of 20 miles only from Teeffioo Loomboo, three days expired in the per¬ formance of this ffiort march. The fird halt was made at Tfondue ; the fecond at Summaar, about fix miles off, whence the mod 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 w'affi, and having piles of dones heaped up with fmall intervals between on either fide. The retinue paffed between a double row of prieds, who formed a dreet extending all the way from Summaar to the gates of the palace. Some of the prieds held lighted rods of a perfumed compofition that burn like decayed wood, and emit an aromatic (moke j the red were furnidied with the different mu- fical indruments they ufe at their devotions, fuch as Lama, the gong, the cymbal, hautboy, trumpets, drums, and fiea (hells, which were all founded in uni. with the hymn they chanted. - The crowd of fpe&ators was kept without the dreet, and none ad mb ted on the high road but fuch as properly belonged to or had a preferibed place in the proceffion, which was arranged in the following order. The van was led by three military commandants or governors of cbftri&s at the head of 6000 or 7000 horfe- tnen armed with quivers, bows, and matchlocks. In their rear followed the ambaffador with his fuite, car- rying his diploma, as is the cudom of China, made up in the form of a large tube, and fadened on his back. Next the Chinefe general advanced with the troops un¬ der his command, mounted, a^ 1 accoutred after their way with fire arms and fabres , then came a very nu¬ merous group bearing tl*e various dandards and infig- nia of date ; next to them moved a full band of wind and other fonorous indruments : after which were led two horfes richly caparifbned, each carrying two large circular doves difpofed like panniers acrois the horfe’s bpek and filled with burning aromatic woods. Thefe were followed by a fenior pried, called a lama, who bore a box containing books of their form of prayer and fome favourite idols. Next nine fumpter hoifes were led loaded with the lama’s apparel •, after which came the prieds immediately attached to the lama’s perfen for the performance of daily offices in the temple, amounting to about 700 5 following them Were two men each carrying on his (libulder a large cylindrical gold infignium emboffed with emblematical figures (a gift from the emperor of China). The Du- hunniers and Soopoons, who were employed in com¬ municating addreffes and didributing 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 monaderies, and as the proceffion advanced, the prieds who formed the dreet fell into the rear and brought up the fuite, which moved at an extremely flow pace, and about noon was received within the confines of the monadery, amidd an amazing difplay of colours, the acclamations of the crowd, folemn mufic, and the chanting of their prieds. The lama being fafely lodged in the palace, the re¬ gent and Soopoon Choomboo went out, as is a cudo- mary compliment paid to vifitors of high rank on their near approach, to meet and conduct Dalai Lama and the viceroy of Lada who were on the way to Teefhoo Loomboo. Their retinues encountered the following morning at the foot of Painom cadle, and the next day together entered the monadery of Teedioo Loomboo, in which both Dalai Lama and the viceroy were ac¬ commodated during their day. The following morning, which was the third after Teeffioo 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 ambafiador 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- (hoo Lama in the temple, where they were affided by 3R2 all JL A M [ 5C0 ] LAM a]l the priefls in the invocation and public worfliip of ^manon., goc(s> The rites then performed completed, as we underhand, the bufinefs of inauguration. During this interval all who were at the capital were entertain¬ ed at the public expence, and alms were diirribyted 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 fortreues, the pea- fantry filled up the day with mufic and feftivity, and th e night was celebrated by general illuminations. A long period was afterwards employed in making pre¬ sents and public entertainments to the newly induced lama, who at the time of his acceffion to the mufnud, or, if we may ufe the term, pontificate of Teelhoo 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 reft. The fecond day was dedicated to the viceroy of Lafla. The third to the Chinefe general. Then followed the cullcong or magiftrates of Lafla, 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 refpeft. As foon as the acknowledgements of all thofe were received who were admiflible to the privilege, Teefhoo Lama made in the fame order fuitable returns to each, and the confummation lafted 40 days. Many importunities were ufed with Dalai Lama to prolong his ixay atTeeflioo Loomboo j 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 poflible from the feat of his authority, at the expiration of 40 days he withdrew with all his fuite to Laflfa, and the emperor’s ambaflador received his difmiftion 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 refpeftable 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 dire&ing his own future exertions. One amiable trait in the charafter ofLamanon is highly worthy of notice, and that is, that he refuted to accept of his paternal in¬ heritance, but as an equal fliarer 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 (hall therefore reftore it in the fame manner that I received it,” which was a conduft 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, analyf- ed fpecimens, and in ffiort confidered himfelf qualified Lamancn, to form a new fyftem of this world. Lamb. After feme time he returned to Paris, and from V'—"' 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 difmayed, he was tranfported with the tremendous roar of thunder, the vivid fiafhes of lightning, the glancing fpray 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 which Lamanon afterwards fpent at Paris, he became one of the founders of the mufeum. Again refolving to revifit Switzerland and Italy, he went firft to lurin, 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 Monfc 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 I'heory of the Earth, the French go¬ vernment conceived the defign of completing the dif- coverits of Captain Cook, and the academy of fciences was charged with the felecftion of men qualified to rec¬ tify our notions of the fouthern hemifphere. Condor- cet therefore made choice of Lamanon fur advancing the progrefs of natural hiftory connefited with this great enterprife, and he received the invitation of that philofopher with the moft eager tranfports. He fet out for Paris, refufed the lalary offered him, took leave of his friends, and went dire&ly for Breft. The arma¬ ment under the command of the juftly celebrated but unfortunate La Pevoufe, fet fail on the ift of Auguft 1785 ; and having reached the ifland of Maouna, La¬ manon went afliore 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¬ non feemed dellined to effect fome great revolution in fcience. His ideas were profound, his charafler ener¬ getic, his mind fagacious, and he poffeffed that lively curiofity which can draw inftru&ion out of any thing, and which might have led him in time to the moft in¬ terefting difeoveries. His perfon was tall, his counte¬ nance highly expreflive, his ftrength and aftivity al¬ moft incredible. His ftyle as a writer is nervous, and he was eminently endowed w ith the precifion of logical reafoning, which cannot fail to command attention and enforce perfuafion. LAMB, in Zoology, the young of the ffieep 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 Alia, and fometimes aflumes the form of a qua¬ druped; fo called from a fuppofedrefemblance in fliape 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 diftance of its feat. Sir Hans Sloane read a me¬ moir upon this plant before the Society ; for which thofe who think it worth while may confult their Tranf- a£lions# LAM [ 501 ] LAM Xarr.b a&ions, N° 245, p. 461. Mr Bell, in his “ Account H of a journey from St Peterfourgh to Ifpahan,” informs Lambert. i'earched in vain for this plant in the neigh¬ bourhood of Aftracan, when at the fame time the more fenfible and experienced amongft the Tartars treated the whole hiftory as fabulous. LAMBECIUS, Peter, born at Hamburgh in 1628, was one of the molt- learned men of his time. He went very young to fludy in foreign countries, at the expence of his uncle the learned Holftenius. He wjts chofen profeffor of hiftory at Hamburgh in 1652, and redtor of the college of that city in 1660. Pie had taken his degree of dodlor of law in France before. He fuffered a thoufand 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 who was fo very covetous that he left her in dif- guft 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 of coutifellor and hijlori&graptier ; in which employment he continued till his death, and gained a great reputation by the works he publiftied, viz. 1. An Efiay on Aulus Gellius. 2. The Antiqui¬ ties of Hamburgh. 3. Remarks on Codinus’s Antiqui¬ ties of Conftantinople, &c. LAMBERT of Afchaffenburgh, a Benedidline monk, in the nth century, wrote feveral works j among which is a hiftory of Germany, from the year 1050 to 1077. Lambert, John, general of the parliament’s forces in the civil wars of the laft century, was of a good fa¬ mily, and for feme time ftudied the law in one of the inns of court 5 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 conduft and valour performed many eminent fervices. But when Crom¬ well feemed inclined to aflame the title of king, Lam¬ bert oppofed it with great vigour, and even refufed to take the oath required by the aflembly and council to be faithful to the government •, on w liich Cromwell de¬ prived him of his commiflion, but granted him a pen- fion of 2200I. a-year. This w'as an ad! of prudence ra¬ ther than of generofity ; as he well knew, that fuch genius as Lambert’s, rendered defperate by poverty, was capable of attempting any thing. Lambert being now diverted of all employment, re¬ tired to Wimbleton houfe where turning florift, he had the fineft tulips and gilliflowers that could be got for love or money. Yet amidft thefe amufements he ftill nourilhed his ambition j for when Richard Crom¬ well fucceeded his father, he adted fo effedtually with Fleetwood, Delborough, Vane, Berry, and others, that the new protector was obliged to furrender his authori¬ ty *, and the members of the long parliament, who had continued fitting till the 20th of April 1653. when Oliver difmifled them, were reftored to their ieats, and Lambert was immediately appointed one of the council of ftate, and colonel of a regiment of horfe and another of foot. For this fervice the parliament prefented him loool. to buy a jew'el; but he diftributed it among his officers. This being foon known to the parliament, they concluded that he intended to fccure a party in the army. They therefore courteoufly invited him to come Lambert to London but refolved, as foon as he flrould arrive, Lom|ch to fecure him from doing any further harm. Lambert, . “ ‘ 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 j and, marching up to London with his army, diflodged 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 newr council for the ma¬ nagement of public affairs, and fent to command the forces in the north. But General Monk marching from Scotland into England to fupport the parliament, againft which Lambert had afted with fuch violence, the latter, being deferted by his army, was obliged to fubmit to the parliament, and by their order was com¬ mitted prifoner to the Tower ; whence efcaping, he foon appeared in arms with four troops under his command, but was defeated and taken prifbner by Colonel In¬ gold (by. At the Rcftoration he was particularly excepted out of the aft of indemnity. Being brought to his trial on the 4th of June 1662, for levying war againft the king, this daring general behaved with more iubmiffion than the meaneft of his fellow prifoners, and was by his majefty’s favour reprieved at the bar, and fentenced to be confined during life in the ifland of Guernfey, Lambert, Anna Therefa de Marguenat de Courcelfes, marchionefs of, an elegant moral writer, was the only daughter of Stephen Marguenat lord of Courcelles. In 1666 ftie married Henry de Lambert, who at his death was lieutenant-general of the army 5 and ftie afterwards remained a widow with a ion and a daughter, whom ftie educated with great care. Her houfe was a kind of academy, to which perfons of diftinguifhed abilities regularly reforted. She died at Paris in 1733, aged 86. Her works, which are written with much tafte, 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 claffical commen¬ tator, was born at Montreuil-fur-Mer, in Picardy, and acquired great (kill in polite literature. He lived for a long time at Rome •, and at his return to Paris w'as made royal profeflbr of the Greek language. Fie died in 1572, aged 56, of pure grief at the death of his. friend Ramus, who was murdered at the maffacre 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-cain, and Naamah, Gen. iv. 18, 19, 20, &c. Lamech is cele¬ brated in Scripture for his polygamy, whereof he is thought to be the firft author in the world. He mar¬ ried Adah and Zillah. Adah w as the mother of Jabal and Jubal 5 and Zillah of Tubal-cain, and Naamah his filter. One day Lamech faid to his wives, “ Hear me. ye wives of Lamech ; I have flain a man to my wound¬ ing, and a young man to my hurt. If Cain lhall 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 tradition among the Hebrews, that Lamech growing blind, LAM [ 5C2 ] LA M Lamech blind, ignorantly killed Cain, believing him to be feme .11 -wild bead } and that afterwards he flew his own fon ~JBel!umm -Tubal-cain, who had been the caufe of this murder, ^ becaufe he had diredted him to Ihoot at a certain place in the thickets where he had feen fomething 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 fourfeore 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 165!. LAMELLAE, in Natural Hiflory, denotes very thin plates, fuch as the feales of filhes are compofed of. LAMENTATIONS, a canonical book of the Old Teftament, written by the prophet Jeremiah, accord¬ ing to Archbifhop Ufher and feme other learned men, who follow the opinion of Jofephus and St Jerome, on occafion of Jofiah’s death. But this opinion does not feem to agree with the fubjedf 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 dSrft chapters are employed in deferihing 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. AH the chapters of this book, except the laft, are in metre, and digefted in the order of the alpha¬ bet j with this difference, that in the firft, fecond, and fourth chapters, the firft letter of every verfe fol¬ lows the order of the alphabet : but in the third the lame 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- je£f of this book is of the moft moving kind *, and the ftyle throughout lively, pathetic, and affeffing. In this kind of writing the prophet Jeremiah was a great mafter, according to the charadter which Grotius gives of him, Mir us in affctlibus concitandis. LAMIA, in slnaent Geography, a town of the Phthiotis, a diftridt of Thelfaly. F amous for giving name to the Vellum Lamiacum, waged by the Greeks, on the Macedonians after Alexander’s death. LAMIACUM bellum happened after the death ot 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 againil Antipater, who then prefided over Macedonia. Antipater entered Tbeffaly at the head of 13,000 foot and 600 horfe, and was beaten by the fuperior force of the Athenians and of their Greek confederates. Antipater after this blow fled to Lamia, wheye he refolved, with all the courage and fagacity of a careful general, to maintain a fiege with about 8000 Tan.' mm or 9000 men that had efcaped from the field of battle. i5ellum Leoithenes, unable to take the city by ftorm, began to T •) 7 . , * * o Lamoi^non, make a regular fiege. His operations were delayed by ° t the frequent fallies of Antipater : and Leofthenes be¬ ing killed by the blow of a ftone which he received, Antipater made his efcape out of J.amia, and foon af¬ ter, with the afliftance of the army of Craterus brought from Afia, he gave the Athenians battle near Cranon j and though only 5CO 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 Demoftheaes and Hyperides, the two orators whofe prevailing eloquence had excited their countrymen againft him. Thefe difadvantageous terms were ac¬ cepted by the Athenians, yet Demofthenes had time to efcape and poifon himfelf. Hyperides was carried before Antipater, by whofe orders, his tongue being previoufly cut out, he was put to death. LAMIiE, 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 Larvae or Lemu- res. LAMINiE, in Physiology, thin plates, or tables, whereof any thing confifts j particularly the human flcull, 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 /Iger Laminitanus, is now el Campo de Montiel, (Clufius). LAMIUM, Dead-Nettle, a genus of plants be¬ longing to the didynamia clafs ; and in the natural method ranking under the 42d order, Verticillata. See Botany Index. LAMMAS-DAY, the firft of Auguft ; 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 with new wheat. 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. LAMOIGNON, 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 fruits 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- fons of the firft merit at his father’s houfe. The fe- veral latTO!gnon Lamp. LAM [ veral branches of literature were however only amufement: the law was his real employ and the elo¬ quence of the bar at Paris owes its reformation from bombaft and affe&ed erudition to the plain and noble pleadings of M. Lamoignon. He was appointed the king’s advocate general in 1673 ; whieh he difeharged until 1698, when the prefidentlhip of the parliament was conferred on him. This poll he held nine years, when he was allowed to refign in favour of his eldeft fon : he was chofen prefident of the Royal Academy of Infcriplions in 1705. The only work he fuffered to fee the light was his Pleader, which is a monument of 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 amongft the Jews, Greeks, and Romans. The candleftick with feven branches, placed in the fancluary by Mofes, and thofe which Solomon afterwards prepared for the temple, were crylfal lamps filled with oil, and fixed upon the branches. The lamps or candlefticks 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 foolifh 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 moiftened from time to time with oil. Matth. xxv. 1,2. The lamps of Gideon’s foldiers were of the fame kind. The ufe of wax was not unknown to the Ro¬ mans, but they generally burnt lamps j hence the pro¬ verb Tempus et oleum perdidi, “ 1 have loft 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 defeription of an improvement on the common lamp. He propofes that it fhould be made two or three inches deep, with a pipe coming from the bottom almoft as high as the top of the veffel. 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 j and to the veffel muft be adapted a cover having as many holes as there are to be wicks. When the veffel is filled and the wicks light- S°3 1 L A M his 6d. per gallon, makes the expence of burning 12 hours Limp. only 2.34 farthings. t""_ v Perpetual LAMPS. The teftimony of Pliny, St Auftin, and others, have led many to believe that the ancients had the invention of perpetual lamps j and feme 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. The curious may read I)r Plot’s conjeftures on the fubjeft in the Philof. Tranf. N° 166 * or in Lowthorp’s Abridgement, vol. iii. p. 636. But few', wre 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 teftimony does not feem a fufficient inducement to us to believe a lamp was ever formed to bum 1500 or 1000 years: 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 Hate circles DE, FG, w ithin it ; whofe common centre of cclxxxix« 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 whole 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- feend : hence, though the whole machine be rolled along the ground, or moved in any manner, the flame will always be uppermoft, and the oil cannot fpill. It is in this manner they hang the compafs at fea j and thus Ihould all the moon lanterns be made, that are carried before coaches, chaifes, and the like. Argand's LAMP. This is a very ingenious contri¬ vance, and the greateft improvement in lamps that has yet been made. It is the invention of a citizen of Ge¬ neva ; and the principle on which the fuperiority of the lamp depends, is the admiflion of a larger quantity of air to the flame than can be done in the common way. This is accomplifhed by making the wick of a circular form ; by which means a current of air ruflies through the cylinder on which it is placed w'ith great force; and, along with that which has accefs to the outfide, excites the flame to fuch a degree that the fmoke is entirely confumed. Thus both the light and ed, if Avater falls in by drops at the pipe, it will always heat are prodigioully increafed, at the fame time that keep the oil at the fame height or very near it j the weight of the w'ater being to that of the oil as 20-^ to 19, which in two or three inches makes no great difference. If the water runs fafter than the oil waftes, 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 experiments made in order to afeertain 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 TVoV oz* °f fpermaceti oil, at 2s. 6d. per gallon ; fo that the expence of burning r2 hours is 4.57 farthings. This lamp gives as good a light as the candles of eight and ten in the pound j it feldom wants fnuffing, and calls a ftrong and Heady light. A taper, chamber, or watch lamp, with four ordinary threads of cotton in the wick, confumes 0,166407.. of fpermaceti oil in one hour 5 the oil at 2s. I there is very confiderable faving in the expence of oil, the combuftion being exceedingly augmented by the quantity of air admitted to the flame j and that what in common lamps is diflipated in fmoke is here con¬ verted into a brilliant flame. This lamp is now very much in ufe j and is applied not only to the ordinary purpofes of illumination, but allb 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 rtfelf. The refervoir is ufually in 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 fpace betwixt the two being left clear for the paffage of the air. The inter¬ nal LAM rial tube is clofed at the bottom, and contains another limilar 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 fpace into which the oil flows ; and the mechanifm of the lamp is fuch, that the wick may be raifed or depreffed at pleafure. When the lamp is lighted, the flame is in the form1 of a hollow cylinder ; and by reafon of the firong influx of air through the heated metallic tube, becomes ex¬ tremely bright, the fmoke being entirely confumed for the reafons already mentioned. The heat and light are ftill farther increafed, by putting over the whole a glafs cylinder nearly of the iize of the exterior tube. By diminifhing the central aperture, the heat and light are proportionably diminiflied, 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 neceffary, that a fenfible difference is perceived when the hand is held even at the diflance of an inch below the lower aperture of the cylinder ; and there is alfo a certain 'length of wick at which the effect of the lamp is flrongefl. If the wick be very fliort, the flame, though white and brilliant, emits a difagreeable and pale kind of light j and if very long, the upper part becones brown, and fmoke is emitted. The faving of expence in the ufe of this inflrument for common purpofes is very confiderable. By fome 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 fuffered to burn fo long without fnuf- fing, that large lumps of coally matter were formed upon the wick, gave a light at 24 inches diftance equal to the lamp at 129 inches: whence it appeared that the light of the lamp was equal to 28 candles in this ftate. On fluffing the candle, however, its light w'as fo much augmented, that it became neceffary to re¬ move it to the diftance of 67 inches before its light became equal to that of the lamp at 1 29 inches 5 whence it wras concluded that the light of the lamp was fome- what lefs than that of four candles freffi fnuffed. At another trial, in which the lamp was placed at the di¬ ftance of 1314 inches, and a candle at the diftance of 55 inches, the lights were equal. In thefe experiments the candles made ufe of were io-j inches long, and 2-/6- inches in diameter. When the candle was newly fnuff¬ ed, it appeared to have the advantage ; but the lamp foon got the fuperiority j 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 ; the ex¬ pence of the one being only twopence halfpenny, -and the other eightpence, in feven hours. The heft method of comparing the two lights to¬ gether feems to be the following : Place the greater light at a confiderable diftance from a white paper, the fmalier one being brought nearer or removed farther off as occafion requires. If an angular body be held before the paper, it will projeft two fnadows : thefe two lhadows can coincide only in part; and their an- L A M gular extremities will, in all pofitions but one, be at Lamp, fome diftance from each other $ and. being made to i-—v*” coincide in a certain part of their bulk, they will be bordered by a lighter fliadow, occafioned by the ex- clufion of the light from each of the two luminous bo¬ dies refpedlively. Thefe lighter ftiadows, in faft, are fpaces of the white paper illuminated by the different luminous bodies, and may eafily be compared together, becaufe at a certain point they adually touch one ano¬ ther. If the fpace illuminated by the fmaller light appear brighteft, the light muft be removed farther off, but the contrary if it appear more obfeure. . On cutting open one of Argand’s wicks longitudi¬ nally, and thus reducing the circular flame to a ftraight- lined one, the lights appeared quite equal in power j but the circular one had by far the greateft effect in dazzling the eyes ; though when the long flame was made to fliine on the paper, not by the broadfide, but in the direaion 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 projeaed no fhadow : but when its length was placed in the direc¬ tion of the ray, it gave a ftiadow bordered with two broad, well defined, and bright lines. The broad-wicked lamp feems to have the advantage of the other, as requiring lefs apparatus j and indeed by this contrivance we may at the moll 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 from one place to another j and in this refpeft it does not feem poffible by any means to bring lamps to an equality with candles. I. he 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 fimple and accurate method propofed by the count, for meafuring the relative quantities of light emitted by lamps differ¬ ently conftruifted. Let the two lamps or other burning bodies to be compared, be denominated A and B ; and let them be .placed at equal heights upon two light tables, or move- able Hands, in a darkened room } let a Iheet 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 j and let the lights be placed oppofite to this flieet of paper, at the diftance of lix and eight feet from it, and the fame from each other, in fuch a manner, that a line drawn from the centre of the paper, perpendicular to its furface, ftiall bifeft the angle formed by lines drawn from the lights to that centre 5 in which cafe, confidering the paper as a plane fpeculum, the one light will be. precifely in the line of refleftion of the other. If the one light be rveaker than the other, and the weaker being placed at the diftance of four feet from the centre of the paper, it ftiould be found neceffary, in order that the ftiadows 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* to 4% or as 4 to 1. When the ftiadows are of equal denfity at any given point, [ S°4 ] Limp II. . Lampridi- LAM [ 505 point, the intenfity of the rays at that point are alfo equal. The greateft care mufi. be taken in every cafe that the lights compared be properly trimmed, elle the refults of the experiments will be inconclufive. Count Rumford found, from a variety of experiments conducted with his ufual caution, that if oil is burnt in the lamp called Argand’s lamp, inftead of one of the common conitruftion, the confumer has a clear faving of i 5 per cent, an obje£i of attention furely to thole 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 un¬ dergoing the procefs of combuftion, 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 decompofed in its patfage through it, the wick being fo difpefed as to admit free accefs to the air, for the purpofe of aiding combuftion. The count having made experiments with different inflammable fubftances, in order to afcertain which is the cheapeft or moft econojnical, obtained the following refults. Bees-wax.—A good wax candle, kept well fnuffed, and burning with a clear bright flame, Tallow.—A good tallow candle, kept well fnuffed, and burning with a bright flame, The fame burning dim for want of fnuffing, Olive-oil—-Burnt in an Argand’s lamp, with a clear bright flame, without fmoke, Rape-oil—Burnt in the fame manner, Linfeed-oil—Likewife burnt in the fame man- Equal parts in weight. 100 101 229 129 125 120 This table, together with the current prices of the articles mentioned in it, will 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 fiih oil, are equal to 2x8 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 {hops. LAMP-B/ack, among colourmen. See COLOUR-Ma- iingy N° 18, 19.—Subftances painted with lamp-black and oil, are found to refiit the effedls of eleftricity to a furprifing degree j fo that in many cafes even lightning itfelf feeros to have been repelled by them. LAMPADARY, an officer in the ancient church ef Conftantinople, fo called from his employment, which was to take care of the lamps, and to carry a taper before the emperor er patriarch when they went to church or in proceflion. 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 Severus to him ; but the MS. in the Palatine library aferibes it to Spartian. Vol. XL Part II. ] LAN LamfriDIUS, BenediB, of Cremona, a celebrated Lampriduis Latin poet of the 16th century. He taught Greek II . and Latin at Rome and at Padua, until he was invited }"'nCa^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 Delicice of the Italian poets. LAMPSACUS, or Lampsacum, in Alncient Geo¬ graphy, a confiderable city of Myfia ; more anciently called Pityea, (Homer), becaufe abounding in pine trees, a circumftance confirmed by Pliny •, fituated at the north end or entrance of the Hellefpont into the Propontis, with a commodious harbour, oppofite to Callipolis, in the Thracian Cherfonefus. It w as aflign- ed by Artaxerxes to Themiftocles, for furnifhing his 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 ; who hearing of it, folemnly de- • dared he would do the very reverfe 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 charafter of the people : ftill called Lampfacus. E. Long. 28° N. Lat. 40. 12. LAMPYRIS, the Fire-fly, a genus of infefts be¬ longing to the coleoptera order. See Entomology Index. LANCARIM spring, the name of a mineral wa¬ ter of Glamorganfhire. It has its name from a town near which it rifes j and has been long famous for the cure of the king’s evil. The fpring is very clear, and rifes out of a pure white marl. The cures that have been performed there, are proofs of a real power in the w'ater. The perfons who come for relief not only drink of the fpring, but alfo bathe the part affefted after¬ wards in the water. LANCASHIRE, a large maritime province of Eng¬ land, w'aihed by the Irilh fea on the weft 5 bordering on the north with part of Cumberland and Weftmoreland; bounded on the eaft by the w'eft riding of Ycrkftxire, and on the fouth by Chefliire; extending 73 miles in length, and 4 rin breadth, comprehending 6 hundreds,63 pariihes, 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, and in the northern diftrifts we fee many Angle mountains re¬ markably high, fuch as Ingleborough hill, Cloughbo- rough hill, Pendle hill, and Longridge hill. Nor is there any want of wood in this county, either for tim» ber or fuel; witnefs Wierfdale foreft and Rowland foreft to the northward, and Simon’s wood in the fouthern part of Lancaftiire. This county is well watered with rivers and lakes. Among the lakes or meres of Lancalhire, we reckon the Winander mere j and the Kiningfton mere, which, though neither fix large nor fo well ftored with fifh, yet affords plenty of excellent char. There was on the fouth fide of the Ribble another lake called Marton, feveral miles in circumference, which is now drained, and converted into pafture ground. In this operation, the w'orkmen found a great quantity of fifti, together with eight canoes, refembling thofe of America, fup- 3 S pofed L A M _ r Lancafliire. pofed to liave been ufed by the ancient Britifti fither- » " ■ men. Befides thefe meres or lakes, this county abounds with morafles and moffes, from which the inhabitants di^ excellent peat or turi 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 thefe 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 vio¬ lent eruption of water at Kirky in Fournels. The moll remarkable chalybeate fpaws are thofe of Latham, Wigan, Stockport, Bundy, Bolton, Plumpton, Mid¬ dleton, Strangeways, Lancaller, Larbrick, and Chor- ly. At Ancliif, m the neighbourhood of Wigan, is a fountain called the Burning Weil, from whence 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, rvhile the water *SeeBwr«-itfelf retains its original coldnefs*. There is at Barton ipg Well, a fountain of fait water, fo ftrongly impregnated with the mineral, as to yield fix times as much as can be ex- tra&ed from the fame quantity of fea water. At Bog- ham, in Fournefs, there is a purging faline fountain j and in the neighbourhood of Raffal, where the ground is frequently overflowed by the fea, a Bream deicends from Hagbur hills, which, in the ipace of feven years, is faid to convert the marl into a hard freeftone fit for building. The air of Lancalhire is pure, healthy, and agreeable, an obfervation equally applicable even to the fens and the fea fhore, according to the experience of thofe who have dwelt on that coafi 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 putrefadb’on which the ingredients have undergone. There is a bituminous earth about Orm'lkirk, that fmells like the oil of am¬ ber, and indeed yields an oil of the fame nature, both in its fcent and medicinal effe6ts, which moreover re¬ duces raw flelh to the confiftence of mummy ; this earth burns like a torch, and is ufed as fueh by the country people. The metals and minerals of this county confift of lead, iron, copper, antimony, black lead, lapis cala- minaris, fpar, green vitriol, alum, fulphur, pyrites, free¬ ftone, and pit and cannel coal. The level country produces plenty of wheat and barley, and the fkirts of the hills yield good harvefts of excellent oats : very good hemp is raifed in di¬ vers parts of the province ; and the pafture which grows in the valley is fo peculiarly rich, that the cat¬ tle which feed upon it are much larger and fatter than in any other part of England. No part of the world is better fupplied than Lancaftiire with provifions of all kinds, and at a very reasonable rate ; 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 Ihire. Befides the fea fowl common to the fliores of England, fuch as duck, eaf- terlings, teal, ’and plover, many uncommon birds are obferved on the coaft of Lancafhire, the fea crow, va¬ riegated with blue and black, the puffin, the cormo- the curlew, the razor-bill, the copped wren, 6 ] LAN the redlhanks, the fwan, the tropic bird, the king’s Lanca»h!re«. fiiher, &c. * 1J 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 5 and the Kibble, which rifes in Yorkffiire, and enters this county at Clithero, running fouth-weft by Prefton into the Irifti fea. Be¬ fides thefe there, are many leffer ftreams. The navi¬ gation made by his grace the. duke of Bridgewater in this county is highly worthy of notice. The canal re¬ ceives 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 navi¬ gable for boats of fix or feven tons burden, and forms a kind of fubterraneous 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 paffage 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 calls a livid gloom, ierving only to make darknefs vifible* But this difmal gloom is rendered Hill more awful by the folemn echo of this fubterraneous water, which re¬ turns various and difeordant founds. One while you are ftruck with the grating noife of engines, which by. a curious contrivance let down the coals into the boats y then again you hear the ftiock of an explofion, occa- fioned 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 merri¬ ment from either fex, w ho thus beguile their labours ia the mine. You have no fooner reached the head of the works, than a new fcene opens to your view. Thera- you behold men and women almoft in their primitive Hate of nature, toiling in different capacities, by the glimmering of a dim taper, fome digging coal out e£ the bowels of the earth ; fome again loading it in little waggons made for the purpofe j others drawing thofe waggons to the boats. To perfect this canal,., without impeding the public roads, bridges are built over it, and where the earth has been raifed to prei ferve the level, arches are formed under it ^ but what principally ftrikes every beholder, is a work raifed near Barton bridge, to convey the canal over the river Merfey. This is done, by means of three ftone arches,, fo fpacious and lofty, as to admit veffels failing through them ; and indeed nothing can be more fingular and pleafing, than to obftrve large veffels in full fail un¬ der the aqueduft, and at the fame time the duke of Bridgewater’s veffels failing over all, near 50 feet above the navigable river. By this inland navigation communication has been made, with the rivers Mer¬ fey, Dee, Kibble, Oufe, .Trent, Derwent, Severn, Humber, Thames, Avon, &c. 5 which navigation, in¬ cluding its windings, extends above 500 miles in the counties of Lincoln, Nottingham, York, Lancafter, Weftmoreland, Chefter, Stafford, Warwick, Leicefter, Oxford, Worcefter, &c. Lancafhire was erefted into a county palatine by Edward III. who conferred it as an appendage on his fon John of Gaunt, thence called duke of Lancq/ler; but the LAN [ So? 1 LAN Lance. Lancafliire the duchy contained lands that are not in Lancalhire, and among other demefnes, the palace of the Savoy, , and all that diftrift in London, which indeed belong - to it at this day. The revenues of this duchy are ad- miniftered by a court which fits at Weftminfter, and a chancery court at Prefton, which has a feal diftindl from that of the county palatine. The title of Lan- cajler diftinguiihed the pofterity of John of Gaunt from thofe of Jus brother, w ho fucceeded to the duchy of York, in their long and bloody conteft for the crown of England. Lancathire fends two members to parliament for the county; and 12 for the fix boroughs of Laneatter, Prefton, Newton, Wigan, Clithero, and Liverpool. LANCASTER, the capital of the county of Lan- caftrire in England, is pleafantly fituated on the fouth &de of the river Lun, over which there is a handfome ftone bridge. It is an ancient town, and is fuppofed to have been the Lcngc-vicum of the Romans. King John confirmed to the burgeffes all the liberties he had granted to thofe of Briftol ; and Edward III. granted that pleas and fefhons ftiould 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 jnace. The affixes are held in the caftle, where is alfo the county gaol. It carries on a very confiderable trade with Jamaica and the other iflands in the Wbfl: Indies, as alfo with Portugal, Hamburgh, &c. There is a market on Wednetday by grant, and another on Satur¬ day by prefcription, betides one every other Wed- nefday throughout the year for cattle ; and three fairs, in May, July, and Ocfober. 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 fortrefs. On the top of the caftle is a fquare tower, called John of Gaunt's chair, whence there is a charra- ing profpecl of the adjacent country, and eipecially towards the fea, where is an extenfive view even to the Ifle of Man. There is but one church, a fine Gothic building. It is placed on the fame elevation, and from fome points of view forms one group with the caftle, which gives the mind a moft magnificent idea of this important place. 1 he late confiderable additional new ftreets and a new chapel, with other improvements, give an air of elegance and profpe.rity to the town, and the new bridge of 5 equal elliptic arches, in all 549 in length, adds not a little to the embelliftiment and con- veniency of the place. Adjoining to the caftle, the new gaol is ere£ted on an improved plan. On the fide of the hill b low ir, hangs a piece of a Roman wall, called Wery-WalL 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 itwasfirft fuggefted, was eonfidered by many to be altogether iniprafticable. For its peculiar government, fee X)XJCHT-Court. LANCE, Lance A, a fpear; an offenfive weapon worn bv the ancient cavaliers, in form of a half pike. The lance confided of three parts, the (haft or handle, the w ings, and the dart. Pliny attributes the inven¬ tion of lances to the iEtolians. But Varro and Aulus Gellius fay, the word lance is Spanifti ; whence others conclude the ufe of this weapon was borrowed by the people of Italy from the Spaniards. Diodorus Sicu¬ lus derives it from the Gaulifti, and Feftus from the Greek which fignifies the fame. Lance, or Sanded. See Ammodytes, Ichthyolo¬ gy Index. LANCEOLATED leaf. See Botany Index. LANCET, a chirurgical inftrument, ftiarp pointed and two-edged, chiefly uled for 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 {hipping, 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 (bore. Its principal fuperi- ority to the long boat, however, confifts in being by its conftrucRion 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 (hips are faft- ened acrofs each other, and frequently render this exer- cife extremely neceffary. Lanch, is alfo the movement by which the fhip of boat delcends from the (bore, either when (lie is at firfl: built, or at any time afterwards. To facilitate the operation of lanching, and pre¬ vent any interruption therein, the ftiip is fupported by two ftrong platforms, laid with a gradual inclination to the water, on the oppofite fide of her keel, t* which they are parallel. Upon 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 furface of the cradle, conforming exa&ly to that of the frame below, lies flat upon it lengthwife, under the oppofite fides of the ftiip’s bottom ; and as the former is intended to Aide 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 fhip was for¬ merly fupported are driven out from unckr her keel, till her whole weight gradually fubfides upon the plat¬ forms above deferibed, which are accordingly called the ways. The fhores and ftanchions, by which fhe 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. Fhe. motion ufually begins on the inftant when the fhores are cut, and the fhip Hides 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 fhe arrives at the fartheft end thereof. When a fhip is to be lanched, the enfign, jack, and pendant, are always hoilled, the laft being difplayed from a ftaff ere£ted in the middle of the ftup. Ships of the firft rate are commonly conftru&ed iat dry docks, and afterwards floated out, by throwing open the flood gates, and fuffering the tide to enter as foon as they are finiftied. T a vrr> tr p rvr a 3 S 2 LANCERQTA, Lane© LanCf-rota I! Land. LAN [ 508 J LAN LANCEROTA, one of the Canary iflands, fub- jeet to Spain, and fituated in W. Long. 13. 26. N. Lat. 29. 8. It is about 32 miles in length and 22 in breadth. The ancient inhabitants were negroes, very ftrong, active, 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, ftill fewer camels, and a very few fmall horfes. The valleys are dry and fandy, yet they produce a fmall quantity of wheat and barley. This ifland was jfirft discovered in 1417. In 1596 it was taken by the Englifh 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, confiflid only of about 100 houfes, all poor buildings, generally of one ftory, and covered with reeds or ftraw 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 archbifhop’s fee ; famous for its fairs, which are held in July and Auguft. It is feated on the river Feltrino near that of Sangor. E. Long. 14. 20. N. Lat. 42. 12. LANCISI, John Marca, an eminent Italian phy- fician, was born atilome in 1564. From his earlieft years he had a turn to natural hiftory ; and ftudied botany, chemiftry, anatomy, and medicine, with great vigour. In 1688 Pope Innocent XI. appointed him his phyfician and private chamberlain, notwithftanding his youth •, and Cardinal Altieri Camerlingamade him his vicar for the inftallation of dodlors 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 iJiO, after giving his fine library of more than 20,000 volumes to the hofpital of the Holy Ghoft for the ufe of the pub¬ lic. This noble benefaction was opened in 1716, in the prefence of the pope and molt of the cardinals. He -wrote many works which are elteemed, the principal of which were collected together, and printed at Geneva in 1718, in 2 vols. 410. LAND, in a general fenfe, denotes terra Jirma, as diftinguilhed from fea. Land, in a limited fenfe, denotes arable ground. See Agriculture. Land, in the fea language, makes part of feveral compound terms ; thus, land-laid, or, to lay the land, is juft to lofe fight of it. Land-locked, is when land lies all round the Ihip, fo that no point of the com- pafs is open to the fea. If Ihe is at anchor in fuch a place, (he is faid te ride land-locked, and is therefore concluded to ride fafe from the violence of the winds and tides. Land-mark, any mountain, rock, fteeple, tree, See. that may ferve to make the land known at fea. Land is Jhut in, a term ufed to fignify that an- «ther point of land hinders the fight of that from which the (hip came. I-,and-to, or the (hip lies land- to; that is, (he is fo far from (bore, that it can only juft be difeerned. Land-turn is a wind that in almoft all hot countries blows at certain times from the (hore I in the night. To fet the land; that is, to fee h>y the com pafs how it bears. LAND Tax, one of the annual taxes raifed upon the fubjeft. See Tax. The land tax, in its modern (hape has fuperfeded all the former methods of rating either property or perfons in refpeCI of their property, whether by tenths or fifteenths, fubfidies on land, hydages, feutages, or- talliages : a (hort explication of which will, however, greatly afilft us in underftanding our ancient laws and hiftoryr. Tenths and fifteenths were temporary aids iffuing 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 fubjeCl j when fuch moveables, or perfonal eftates, were a very different and a much lefs confiderable thing than what they ufually are at this day. Tenths are faid to have been firft granted under Henry II. who took advantage of the faftiionable zeal for croi- fades to introduce this new taxation, in order to de¬ fray the expence of a pious expedition to Paleftine, which he really or feemingly had projected againft Sa- ladine emperor of the Saracens, whence it was origi¬ nally denominated the Sa/adine tenth. But afterwards fifteenths were more ufually granted than tenths. Originally the amount of thefe taxes wras uncertain, being levied by affeffments new made at every frefti grant of the commons, a commiflion 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 commiflion, new taxa¬ tions were made of every townlhip, borough, and city in the kingdom, and recorded in the exchequer j which rate was, at that time, the fifteenth part of the value of every tow'nftiip, the whole amounting to about 29,cool, and therefore it ftill 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 parifti 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 w ere in the nature of a mo¬ dern land tax : for we may trace up the original of that charge as high as to the introduction 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 refpeCts, the te¬ nants found means of compounding for it, by firft; fending others in their (lead, and in procefs of time by making a pecuniary fatisfaClion to the crown in lieu of it. This pecuniary fatisfaCtion at laft came to be levied by affeffments, at fo much for every knight’s fee, under the name of feutages j which appear to have been levied for the firft time in the fifth year of Henry II. on account of his expedition to Touloufe, and were then (Sir Wm. Blackftone apprehends) mere arbitrary compofitions, as the king and the fubjeCl could agree. But this precedent being afterw ards abufed into a means *4 " Land. LAN [ 509 ] LAN of opprelfion (by levying fcutages on tbe landholders of knights of the tee ; and thencefornard alfo the by the King's authority only, whenever our kings went praftice of giving ecclefiaftical fubfidies hath fallen into to war, in order to hire mercenary troops and pay their total difufe. Land. contingent expences), it became thereupon a matter of national complaint; and King John was obliged to promife, in his tnagna chartthat no feutage fhould be jmpofed without the confent of the common council of the realm. Of the fame nature with feutages 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 jntrodudion 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 reipedt of their reputed eftates, after the nominal rate of 4s. in the pound for lands, and 2s. 6d._for goods; and for thofe of aliens in a double proportion. But this affeff- ment wras alfo made according to an ancient valuation, wherein the computation ivas 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 fubfidy and two fifteenths at a time : but this rule was broke through for the firft time on a very preffing occafion, the Spanifh 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 firft 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 pofleffed of a great eftate, it feemed not worth any farther deliberation. And, indeed, upon calculation, we (hall find, that the total amount of thefe 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 feutages, talliages, or fubfidies by the commons, did not extend to fpiritual preferments ; thofe being ufually taxed at the fame time by the clergy themfelves in convocation ; which grants of the clergy wrere confirmed in parliament ; otherwife they were illegal, and not binding ; as the fame noble writer obferves of the fubfidies granted by the convoca¬ tion, which continued fitting after the difiblution 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 Coke tells us, to about 20,oool. While this cuftom continuedj con¬ vocations were wont to fit as frequently as parlia¬ ments ; but the laft fubfidies, thus given by the cler¬ gy, were thofe confirmed by ftatute 15 Car. II. c. 10. iince which another method of taxation has generally prevailed, which takes in the clergy as well as the lai¬ ty : in recompenfe for which, the beneficed clergy have from that period been allowed to vote at the election The lay fubfidy was ufually raifed by commiflioners appointed by the crown, or the great officers of ftate : and therefore in the beginning of the civil wars be¬ tween Charles I. and his parliament, the latter having no other fufficient revenue to fupport themfelves and their meafures, introduced the praftice of laying weekly and monthly affeffments 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 occafionally 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 fuck monthly affeffments, was twice, and twice only, re¬ newed ; viz. in 1663, when four fubfidies were granted by the temporality and four by the clergy; and in 1670, when 8oo,oool. was raifed by way of fubfidy, which was the laft time of raifing fupplies in that manner. For the monthly affeffments being now eftablifhed by euftom, being raifed by commiflioners named by parliament, and producing a more certain revenue ; from that time forwards we hear no more of fubfidies, but occafional affeffments were granted as the national emergencies required. 'Ihefe periodical af¬ feffments, the fubfidies which preceded them, and the more ancient feutage, hydage, and talliage, were to all intents and purpofes a land tax ; and the afleffments 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 effe£L that a fupply of 500,000!. was equal to is. in the pound of the value of eftates given in. And, accora- ing to this enhanced valuation, from the year 1693 the prefent, a period of near a century, the land tax has continued an annual charge upon the fubjeft ; about half the time at 4s. in the pound, fometimes at 3s. fometimes at 2s. twice at is. but without any total intermiftion. 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 aft, being the principal landholders in the county and their officers. An aft paffes annually for the raifing in general* 2,037,627!. 9s. io^d. by the above faid tax at 4s. in the pound ; whereof there (hall be railed in the fet- veral counties in England, according to the propor¬ tions expreffed in the aft, 1,989,673k 7s. io^d.; and in Scotland, 47,954k is. 2d. by an eight months cefs of 5994k 5s. l^d. per menfem, to be raifed out of the land rent, and to be paid at four terms, as fpecified in the aft, by two months amount each time. LAND IVaiter, an officer of the cuftomhoufe, whole duty is, upon landing any merchandife, to examine, tafte, weigh, meafure them, &c, and to take an account thereof.. LAN [ 5r Land tKereof. In fome ports they alfo execute the office of 1 an'icn a C0a^ wa^pr- They are likevvife occafionally ftyled 1— rearchers, and are to attend and join with the patent fearcher in the execution of all cockets for the fhip- 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 (hip¬ ping thereof on the debentures. LANDAFF, a town or village of Glamorganffiire in South Wales, with a bifhop’s fee, and on that ac¬ count has the title of a city. It is feated upon an afcent on the river Taff, or Tave, near Cardiff j but the cathedral (lands on a low ground, and is a large (lately building. The original ftrudlure was built about the beginning of the Ji2th century. The build¬ ing now ufed as the cathedral includes part of the body of the ancient one ; but is in other refpedls as modern as the prefent century, about the middle of which the old church underwent fuch reparation as was almoft equivalent to rebuilding. The ruins are at the weft end of the modern church, and conftft of the original weftern door-way, and part of the north and fouth (ides. The arch over the door is circular, and hafe a well carved epifcopal ftatue immediately over it. On the upper part of the front under which this door (lands is * 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 afpect very differertt from the prefent cathedral, the new part of which the architedl formed principally on the Roman model, without confidering how incongruous this ftyle of architecture is with the plan purfued in the ancient part.—Landaff is a place of but fmall extent, and lias 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- flant. The ruins of the bifhop’s palace (how it to have been caftellated. It was built in 1120, and was deftroyed by Henry IV. W. Long. 3. 20. N. Lat. LANDAU, an ancient, handfome, and very ftrong town of France, in Lower Alface. It was fomerly imperial, and belonged to Germany, till che 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 they 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, w^t‘n 0,000 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 mathemati¬ cian, was born at Peakirk, near Peterborough in Northampton (hire, in January 1719. He became very early a proficient in the mathematics, for we find him a very refpe&able contributor to the Ladies Diary in 1744-, and he was foon among- the foremoft of thofe who then contributed to the fupport of that fmail but valuable publication, in which almoft every Engl iftima- 2 ] LAN thematician, who has arrived at any degree of eminence LanJen. 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 chiefly of a hiftory of their writings, and the oblervation was never more fully verified than it will be in this artic le concerning Mr Landen. In the 48th volume of the Philofophieal Tranfaflions, for the year 1754, Mr Landen gave “ Aninveftigatioa of fome theorems which fuggeft feveral very remark¬ able properties of the circle, and nre at the fame time of confiderable ufe in refolving fratftions, the denomi¬ nators of which are certain multinomicils, into more fimple 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- lifhed a volume of about 160 pages, entitled “ Mathe¬ matical Lucubrations.” The title to this publication was 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 theyear 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 feems highly probable he would have extended his refearches in the mathematics, to wrhich he was mod enthufiafti- cally devoted, much farther than any other perfon has done. His lucubrations contain a variety of tra&s re¬ lative to the redlification 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 publiftied propofals for printing by fubferip- tion “ The Refidual Analyfis, a new* branch of the Al¬ gebraic art :” and in 1758 he publiftied a fmall traft in quarto, entitled “ A Difcourfe on the Refidual Analyfis,” in which he refolved a variety of problems, to which the method of fluxions had been ufually applied, by a mode of reafoning entirely new j com¬ pared thefe folutions with folutions of the fame pro¬ blems, inveftigated by the fluxionary method j and (bowed that the folutions by his new method were, in general, more natural and elegant than the fluxionary ones. In the 51ft volume of the Philofophical Tranfadlions for the year 1760, he gave “ A new method of com¬ puting the (urns of a great number of infinite feries.” This paper was alfo prefented to the fociety by his in- gen ous friend the late Mr Thomas Simpfon. In 1774, he publilhed the firft book of “ The Refidual Analyfis,” in a 4 0 volume of 218 pages, with feveral copperplates. In this treatile, befides explaining the principles which his new analyfis was founded on, he applied it to drawing tangents and finding the properties of curve lines j todeferibing thtir involutes and evolutes, finding the radius of curvature, their greateft and lead ordinates, and points of contrary fiuxure j to the determination of their cufps, apd the drawing LAN [5 laaden. drawing of aflymptotes : and he propofed in a fecond book to extend the application of this new analyfis to a great variety of mechanical and phyfical fubje&s. The papers which were to have formed this book lay long by him ; but he never found leifure to put them in order for the prefs. On the j 6th of January 1766, Mr Landen was ele£l;ed a fellow of the Royal Society, and admitted on the 24,th of April following. In the 58th volume of the Philo- ibphical Tranfa6tions, 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 which relates to the do&rine of motion. In the 60th volume of the fame work for the year 1770, he gave “ Some new theorems for computing the whole areas of curve lines, where the ordinates are exprefled by fraftions of a certain form,” in a more concife and elegant manner than had been done by Cotes, De Moivre, and others who had con- fidered the fubjeft before him. In the 6rft volume for 1771, he has inveftigated feveral new and ufeful theorems for computing certain fluents, which are af- fignable by yes of the conic fe&ions. This fubjefl had been confidered before both by Mr Maclaurin and M. d’Alembert y but fonie. of the theorems which were given by thefe celebrated mathematicians, being in part exprefled by the difference between an arc of a hyperbola and its tangent, and that dif¬ ference being not dire£Hy attainable when 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 defeat Mr Landen has removed by afligning the /imit of the difference between the hy¬ perbolic arc and its tangent, while the point of con- ta£l 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 publiflied, “ Animad- verfions on Dr Stewart’s computation of the fun’s dif¬ tance from the earth.” In the 65th volume of the Philofophical Tranfac- tions, for 1775, he 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- ftrufted 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 percuflive or accelerative.” At this time he did not know' that the ' fubjeft had been handled by any perfon before him j and he confidered only the motion of a fphere’s fphe- roid and cylinder. The publication of this paper, however, w as the caufe of his being told, that the doc¬ trine of rotatory motion had been confidered by M. d’Alembert j and purchafing that author’s Opufcules Mathemaliq.uesy he there learned that M. d’Alembert n ] LAN 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 bis name, who, after reading what had been written on the fub- jeft, doubted whether there be any folid whatever, befides the fphere, in which any line, palling through its centre of gravity, will be a permanent axis of rota¬ tion. In confequtnce of this, Mr Landen,took up the fubjeift again ; and though he did not then give a folution to the general problem, viz. “ To determine the motions of a body of any form whatever, revolving without reftraint about any axis palling through its centre of gravity,” he fully removed every doubt of the kind which had been ftarted by the perlon 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- liftied 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 •, 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 publilhed three little trafts on the fummation of converging feries, in which he ex¬ plained and Ihowed 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 was the opinion of fome, that Mr Landen did not fhow lefs mathematical fldll in explain¬ ing and illuftrating thefe theorems, than he has done in his writings on original fubjedls ; and that the au¬ thors of them w ere as little aware of the extent of their own theorems as the reft of the world were before Mr Landen’s ingenuity tnade 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 not being able to fee clearly where 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 foluticn of the pro¬ blem, he found that this gentleman’s folution gave the fame refult as had been deduced by M. d’Alembert j but the perfpicuity 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 circumfpe&ion ; 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 75th1 volume of the Philofophical Tranfa&ions for 3785. Landed II Landgrave L A N [ j The extreme difEculty of the fubje£f, joined to the concife manner in which Mr Landen had been obliged , to give his foliation in order to confine it within pro¬ per limits for the Tranfaftions, rendered it too difficult, or at leaft too laborious, a piece of bufinefs for moft mathematicians to read it; and this circumflance, join¬ ed to the eftabliffied reputation of Euler, induced many to think that his folution was right and Mr Landen’s wrong ; and there did not want attempts to prove it. But notwithftanding thefe attempts were manifeftly wrong, and that every one who perufed them faw it, they convinced Mr Landen that there was a neceffity for giving his folution at greater length, in order to render it more generally underftood. About this time alfo he met by chance with the late P. Frifi’s Cofmo- graphite PhijJrcce et Mathematicce; in the fecond part of which there is a folution of this problem, agreeing in the refult with thofe of M. Euler artd 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 which he had given formerly in the Berlin Memoirs, and given it another form and a greater length in a volume pub- liffied at Gryphifwell in 1765, entitled, Theoria Motus corporum Jb/idorum feu rigidorum. Having therefore procured this book, Mr Landen found the fame prin¬ ciples employed in it, andofcourfe the fame conclufion refulting from them that he had found in M. Euler’s former folution of the problems : but as the reafoning was given at greater length, he was enabled to fee more diftinftly how M. Euler had been led into the miftake, and to fet that miftake in a llronger point of view.. As he had been convinced of the neceffity of explaining his ideas on the fubjeft more fully, fo he now found it necefiary to lofe no time in fetting about it. He had for feveral years been feverely afflifted with the ftone 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 ma¬ thematical ftudies *, for the fecond volume of his Me¬ moirs was written and revifed during the intervals of his diforder. This volume, befides a folution of the general problem concerning rotatory motion, contains the refolution of the problem concerning the motion of a top j an inveftigation of the motion of the equi¬ noxes, in which Mr Landen has firft of any one point¬ ed out the caufe of Sir Ifaac Newton’s miilake in his folution of this celebrated problem ; and fame other papers of confiderable importance. He juft lived to lee this work finifhed, and received a copy of it the day before his death, which happened on the I5ch of January 179°* at Milton, near Peterborough, in the 71 ft 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, hut at contrary times. E. Long. 4. 13. N. Lat. 48. 25. LAND‘oRA\ E, (formed of the German land, “ earth,” and graff, 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 fe m to 12] LAN have been ufed before the nth century. Thefe judges Lacdgrave were firft appointed within a certain diftrift of Ger- T II many: in procefs of time the title became hereditary, Landfllu't-) and jhefe judges affumed the fovereignty of the feveral * diftri&s or counties over which they prefided. Land¬ grave is now applied by way of eminence to thofe fo- vereign princes of the empire who polfefs 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, jurifdiaion, or territory of a land¬ grave. LANDGUARD fort feems to belong to Suffolk, but is in the limits of Effex, and has a fine profpeift of the. coafts of both counties. It was erefted, and is maintained, for the defence of the port of Harwich over againft it j for it commands the entry of it from the fea up the Maningtree water, and will reach any (hip that goes in or out. It is placed on a point of land fo furrounded with the fea at high water, that it looks like a little ifland at leaft one mile from the ffiore. The making its foundation folid enough for fo good a fortification coft many years labour and a prodigious expence. It was built in the reign of King James I. when it was a much more confiderable fortification than now, having four baftions mounted with 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 5 and a barrack built for the foldiers. LANDISFARN, or Lindesfarn. See Holt- Ifand. LANDRECY, a town of the French Netherlands, in Hainault, ceded to France by the treaty of the Py¬ renees, and is now very w^ell fortified. It was befieged 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 Co¬ penhagen. E. Long. 14. 20. N. Lat. 55. 42. LANSDOWNE, a town in Somerfetffiire, near Bath, where there is a fair in O&ober for cattle and cheefe. I-ANDSHUT, a ftrong town of Germany in Lov rer Bavaria, with a ftrong caftle on an adjacent hill. It is feated on the river Ifer, E. Long. 12. 15. N. Lat. 48. 29. There is another fmall town of the fame name in Silefia, and in the duchy of Schweidnitz, feated on the river Zeider, which falls into the Bauber : and there is alfo another in Moravia, feated on the river Morave, on the confines of Hungary and Auf- tria. LANDSKIP. LAN LancUklp, LANDSKIP. See Landscape. Lanerk- LANERKSHIRE, or Lanarkshire, a county of ft're' .»Scotland, called alfo Clydefdale, from the river Clyde by which it is watered. It is bounded on the north by the county of Dumbarton •, on the eaft by Stirling, Linlithgow, Edinburgh, and Peebles, {hires j on the foUth by Dumfries j 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¬ fending from the fouthern part of this county, divides it into two aimoft 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 well cultivated. Bothwell caftle, now in ruins, Hands on an eminence which over¬ looks the Clyde. Some of its walls are (till remaining, which meafure 15 feet in thicknefs and 60 feet in height. Between this caftle and the priory of Blan- tyre on the oppohte fide of the Clyde, there is faid to have been in ancient times a fubterraneous paffage un¬ der the river. A little above (lands Bothwell bridge, noted for the defeat of the Covenanters by the duke of Monmouth in 1679.—Eaft from Bothwell caftle, in an elevated fituation, (lands the Kirk of Shotts, amid a wild and barren country. This dreary wade is cover¬ ed with heath-, and though a high fituation, is flat* and very nrarlhy in many places. It is chiefly employed as (beep walks ; and notwithftanding the vicinity of coal and lime, feems fcarce capable of cultivation. This want is, however, compenfated by the abundance ef iron (lone and coal, which are here brought toge¬ ther by the hand of nature. Nor is this advantage confined to the barren tra£l in the north-eaft corner of the (hire. The whole county abounds with thefe valuable minerals*, and two iron works are erefted on the banks of the Clyde, one a little above Glafgow, and another at Cleland near Hamilton. But the moll confiderable work 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 Wi/fontown from the name of the proprietors. There are befide thefe, two other iron works 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 profpe£l over the river. In this neighbourhood are fome of the greateft cotton manufactories in Scot¬ land. The Clyde near this place runs for feveral miles between high rocks covered with woods ; and in its courfe exhibits many aftonifhing cataracts : (fee the article Clyde).—From Lanerk, pafling 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 Culler and Lamington are fertile j but further up the Clyde we meet with nothing but (beep 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 lum- Vol. XL Part II. LAN mit, we meet ivith the village of Leadhills, by fome Lanerk- faid to be the higheft human habitation in the ifland of Great Britain. Here, however, refide many hun¬ dreds of miners witfr their families. Thefe miners, though in a great meafure excluded from fociety by their fituation, yet not only find means to procure a comfortable fubliftence, 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 inftru&ion and amufement of the little community belonging to the village.—Amid thefe mountains particles of gold have fometimes been found waftied down by the rains and dreams of water j but this defert trad 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 ftirub, nor verdure, nor pidurefque rock, appear to amufe the eye. The fpedator 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 pofltflion 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 fent to Leith, where it has the privilege of being ex¬ ported free of duty. The fcanty pafture afforded by this barren region feeds fome (heep and cattle j but thofe in the neighbourhood of the mines fometimes perifli by drinking of the water in which the lead ore has been walked : for the lead ore communicates a deleterious quality to the water, though that liquid acquires no hurtful taint from remaining in leaden pipes or cifterns. North from this mountainous region lies Crawford muir. About nine miles north of Leadhills, on the eaft; fide of the fmall river Douglas, which falls into , the Clyde a few miles below, (lands Douglas caftle, for many ages the refidence of the fecond family in Scot¬ land. A modern building has been erefled on the fame file, in imitation of the ancient caftle. Near it (lands the town of Douglas. A few miles to the north-eaft is Tinto, « 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, (lands in a plain between the rivers Clyde and Avon. It is a magnificent ftrudlure, furrounded by many venerable oaks. In the vicinity is the town of Hamilton, which 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 poffefiions held by the family in France. This building is feated an the. river Avon, and is furrounded by woods and 3 T deep [ 513 1 LAN [ 514, ] LAN I^nnk- drep dells, and every rural beauty that can produce a Lan fbo b'* ’ :‘nS ei^es^ on the imagination.—On the weft of rou„]1< Hamilton is the little town of Kilbride ; and to the «—y—— fouth that of Strathaven, furrounded by the fertile tradf from «hich 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 j but as it is ftated in the Statiftical Hiftory, according to its parilhes, it is the following : Parijhes. l Avendale Biggar Blantyre Bothwell 5. Cadder Cambuflang Cambufnethan Carluke Carmichael 10 Carmunnock Carnwath Carftairs Covington Crawford 35 Crawford John Culter Dalferf Dalziel Dolphington 20 Douglas Dunfyre G las ford Glafgow 1 Do. Barony y 25 Gorbals 1 Govan y Hamilton Kilbride Lamington 50 Lanark Lefmahago Libberton Monkland, New Monkland, Old 35 Pettinain Robertoun Rutherglen f Shotts Stonehoufe 40 Symington 41 Walfton, Population Population in in 1755. 1790—1798. 3551 3343 1098 937 496 1040 1561 2707 2396 1767 934 I288 1419 1684 1459 I73a 899 781 471 570 2390 3000 845 924 521 484 2009 M90 765 59° 422 326 765 1100 35i 478 302 2C0 2009 171c 359 36o 559 788 27,451 58,401 4389 9066 3815 5017 2029 2359 599 4I7 2294 475i 3996 2810 738 750 2733 3560 1813 4000 33° 386 1102 740 988 i860 2322 2041 823 1060 264 307 478 427 81,726 125,254 81,726 Increafe 43,528 L ANESBOROUGH, a borough town of Ireland, in the county of Longford and province of Leinfter, fituated on the river Shannon, 62 miles from Dublin, This town gave title of vifcount to the family of Lane, Lanctbo- and now gives title of earl to that of Butler. There is rou&h a bridge over the Shannon at Lanelborough into the T , county of Rofcommon. N. Lat. 53. 40. W. Long. 8. 6. . an^e an ‘ LANFRANC, an Italian, born at Pavia, became archbifiiop of Canterbury in 1070. He difputed againft Berengarms in the council held at Rome in 1059, and wrote againft him concerning the real prefence in the eucharirt. He had other difputes, &c. and died in 1089. LANFRANC, John, an eminent Italian hiftory paint¬ er, born at Parma in 1581. He was firft the difeiple 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~ nilhed in fo mafterly a manner, that the difference is imperceptible to this day between his work and that of his mafter. His genius direfted him to grand com- pofitions, which he had a peculiar facility in defigning 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 fliortening. He was deficient in correftnefs and exprefiion ; 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 fatisfaclion that he knighted him. He died in 1647. LANGBAINE, Gerard, D. D. a learned Eng- lifh writer, was born in 1608. He was educated at Queen’s college, Oxford j and became keeper of the archives of that univerfity, and provoft of his college. He was highly efteemed by Archbifhop Ulher, Selden, and other learned men $ he died in 1657. publifh- ed, 1. An edition of Longinus, in Greek and Lalin^ with notes j and other works. LANGBAINE, Gerard, 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 j but afterwards corrected his manner of living, and for fome years lived in retirement near Oxford. During this time he improved his tafte for dramatic poetry $ 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 foon after in 1692. He wrote, 1. The Hunter, a difcourfe on horfemanlhip. 2. A new catalogue of English 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 Englilh dramatic poets. LANGELAND, Robert, an old Englilh poet of the 14th century, and one of the firli difciples of Wick- liffe the reformer. He is faid to have been born in Shroplhire. He wrote The vifions of Pierce Plowman ^ a piece which abounds with imagination and humour, though dreffed to great difadvantage in very uncouth verfification LAN [ 5 Langeland verfification and obfolete language. It is written with- i! out rhyme, an ornament which the poet has endeavour- Langres. e(j to fUpply by making every verfe begin with the L ’ fame letter. Dr Hickes obferves, that this kind of al¬ literative verfification was adopted by Langeland from the praflice of the Saxon poets, and that thefe vifions abound with Saxonifms: he fiyles him celeberrimus Me fatirographus, morum vindex acernmus, &c. Chaucer and Spenfer have attempted imitations of his vifions, and the learned Selden mentions him with honour. Langeland, an xfland of Denmark in the Baltic fea, in the lirait called the great belt, and between Zealand, Saland, and Fyonia. It produces plenty of corn, and the principal town is Rutcoping. E. Long. n. 10. N. Lat. 55. O. L ANGETZ, a town of France, in Touraine, noted for its excellent melons. It is feated on the river Loire, in E. Long. o. 23. N. Lat. 42. 20. LANGHORNE, John, D.D. was born at Kirkby- Stephen in Weftmoreland. His father was the reverend John Langhorne of Winfton, who died when his fon was young. After entering into holy orders, he be¬ came tutor to the fons ©f Mr Cracroft, a Lincolnfliire gentleman, whole daughter he married. The lady in a Ihort time died : and the lofs of her was very pathe¬ tically lamented by her hufband in a monody $ and by another gentleman, Mr Cartwright, in a poem entitled “ Conftantia.” Dr Langhorne held the living of Blag- den in Somerfetlhire at the time of his death, which happened April 1. 1779. He was the author of feveral literary produftions j amongft others, of Poems in two vols, 1766 ; Sermons in 2 vols, 1773 ) Effufions of Fan¬ cy, 2 vols ; Theodofius and Conftantia, 2 vols j Soly- man and Almena j Frederic and Pharamond, or the Confolations of Human Life, 1769'j a Differtation on the Eloquence of the Pulpit, and another on Religious Retirement: and he was editor of the works of St Evre- mond, of the Poems of Collins, and fome other articles. LANG IONA, a large, rich, and ftrong town of Afia, 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 j in re¬ gard that, being encompaffed by many and powerful nations, they preferved themfelves, not fo much by fub- miflion, as by dint of arms and encountering dangers, (Tacitus). LANGPORT, a town in Somerfetlhire, 132 miles from London, is a well frequented town on the Parrot, between Bridgewater and Crewkern. Here are light¬ ers which are conftantly employed in carrying coals, &c. from Bridgewater. Eels are taken in vaft plenty out of the holes of the banks of the river in frofty weather. LANGREL SHOT, at fea, that confifting of two bars of iron joined by a chain or Ihackle, and having half a ball of iron fixed on each end *, by means of which apparatus it does great execution among the enemy’s rigging. # t LANGRES, an ancient and confiderable town of France, in Champagne, with a biftiop’s fee. The cut¬ lery wares made here are in high efteem. It is feated on a mountain near the river Marne, in E. Long. 4. 24. N. Lat. 47. 52. s ] LAN LANGTON, Stephen, was born in England, but Langton, educated at Paris, and was greatly efteemed for his Language. learning by the king and nobility of France. He w'as chancellor of Paris, a cardinal of Rome, and in the reign of King John was made archbilhop of Canterbury by Pope Innocent III. in oppofition both to the monks of Canterbury and to the king. Langton was one of the moft illuftrious men of his age for learning •, and continued archbilhop 22 years, dying in 1228. A ca¬ talogue of his books is given by Bale and I anner. r LANGUAGE, in the proper fenfe of the word,Definition, fignifies the expreflion of our ideas and their various relations by certain articulate founds, which are uled as the figns of thofe ideas and relations. By articulate founds are meant thofe modulations of fimple 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 gene¬ ral fenfe of the word, language is fometimes ufed to de¬ note all founds by which animals of any kind exprefs 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 fenfations and defires, with which it is neceffary, for the prefervation of the individual or the continuance of the kind, that others of the fame fpecies Ihould be acquainted. For this purpofe, the organs of all vocal animals are (» formed, as, upon any particular impulfe, to utter founds, of which thofe of the fame fpecies initinaively know the meaning. The fummons of the hen is inftantly obeyed by the whole brood of chickens y and in many others of the irrational tribes a fimilar mode of commu¬ nication may be obferved between the parents and the offspring, and between one animal and its cuftomary af- fociate. But it is not among animals of the fame fpe¬ cies only that thefe inftin&ive founds are mutually un- derftood. It is as neceffary for animals to. know the^ * voices of their enemies as the voice of their } in w^at^re„ and the roaring of the lion is a found, of which, previ-fp^s eus to all experience, every beaft of the foreft is natu-ferent from rally afraid. Between thefe animal voices and the guage of men there is however very little analogy. Hu-an.majs. man language is capable of exprefling ideas and no¬ tions, which there is every reafon to believe that the brutal mind cannot conceive. “ Speech (fays Arifto- tle) is made to indicate what is expedient and what in¬ expedient, and in confequence of this what is juft and unjuft. It is therefore given to men *, becaufe it is pe¬ culiar to them, that of good and evil, juft and unjuft, they only (with refpedft to other animals) poffefs a fenfe or feeling.” The voices of brutes feem intended by na¬ ture to exprefs, not diftinfl ideas or moral modes, but only fuch feelings as it is for the good of the fpecies that they ftiould have the power of making known •, and in this, as in all other refpeas, thefe voices are analogous ; not to our fpeaking, but to our weeping, laughing, finging, groaning, fcreaming, and other natural and audible expreflions of appetite and paflion.—Another difference between the language of men and the voices of brute animals confifts in articulation, by which the former may be refolved into diftimft elementary founds or fyllables ; whereas the latter, being for the moft part unarticulated, are not capable of fi.ch a refolution. Hence Homer and Hefiod charafterile man by the epi- 2 T 2 the! L AM [5 Language, thet fMgnpf or “ voice dividing,” as denoting a power ~ peculiar to the human fpecies j for though there are a * The par- few birds* which utter founds that may be divided in- tmi Eaft00’t0 HableSj yet each of thefe birds utters but one fuch India bird ^ound, which feems to be employed rather as notes of called cor- natural mufic than for the purpofe of giving informa- iatoo, See. 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 inftm^but an<^ ^ %n^cant cr‘es °f brute animals, is, that the ’ u 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 queftion are not learned by imitation ; and being wholly inftindtive, they are intelligible to all the animals of that fpecies by which they are uttered, though brought together from the moft diflant countries on earth. That a dog, which had never heard another bark, would notwith- flanding bark himfelf, and that the barkings or yelps of a Lapland dog would be-inftin6tively underftood by the dogs of Spain, Calabria, or any other country, are fads which admit not of doubt: but there is no reafon to 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 lo the natives of another country where a dirrerent language is fpoken. Herodotus indeed records a fad 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 oldefl language, caufed two chil¬ dren, newly born of poor parents, to be brought up by a fhepherd among his cattle, with a ftritt injun&ion that they fhould never hear a human voice ; and that at the end of two years the children pronounced at the fame time the word /Jsxxa?, which in the Phrygian lan¬ guage fignified Either this is one of the many fables which that credulous hiftorian colledled 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. T.he only rational purpofe for which fuch an experiment could be inftituted, would be to dif- cover, not which 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 wrord 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 woods of different countries folitary favages have at different times been caught, who, though they apparently poffeffed all the fagacity wfoich is natural to man, and though their organs both of hearing and of fpeech were perfeft, never ufed articu¬ late founds as figns of fenlations or ideas. They utter¬ ed indeed the inarticulate cries which are inftmftively exprcllive of pleafure and pain, of joy and forrow, more diltindlly and forcibly than men civilized; but with re- ipeft to the very rudiments of language, they were what Horace reprefents all mankind to have been originally, itiutuin et turpe pccus. Indeed it feems to be obvious, 6) LA N that were there any inftin&ive language, the firil: words Lan uttered by all children would be the fame; and that every child, whether bom in the defert or in fociety, would underftand the language of every other child, however educated or however negledled. Nay more, we may venture to affirm, that fuch a language, though its general ufe might, in fociety, be fuperfeded by the prevailing diale£l 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 poliftied fociety, and which are confeffedly inftinftive. The paffions, emotions, fenfations, and appetites, are naturally ex- pieffed in the countenance by chara£lers which the fa- vage 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 funlhine in their face, “ When difeontent fits heavy at their heart,” conftitutes a great part of modern and refined educa¬ tion. Yet in fpite of every effort of the utmoft {kill, 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 fudden and violent paffion will flafti in his face, fo as to be vifible to the eye of every beholder. If thefe obforvations 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 inftimft to ufe articulate founds as indications of their paffions, 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 expreffive of pain and pleafure, and equally inteliigibie to all mankind. The occafional ufe of thefe no art can wholly banilh ; and if there were articu¬ late founds naturally expreffive of the fame feelings, it is not conceivable that art or education could banilh 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 inftin&ive ar¬ ticulated language, it has become an inquiry of fome importance, how mankind wrere 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 an art in¬ vented by men. LAN f 51 language, vanced feme years in life, they iludy foreign languages — under proper inftruftors : but the firft men had no 4 fpeakers to imitate, and no formed language to ftudy -, *ither re- Yyjjat; means then did they learn to fpeak ? On this only tvvo °pinions can poffibly be formed* ea e ’ Either language mull have been originally revealed from heaven, or it mu ft be the fruit of human induftry. The greater part of Jews and Chriilians, and even fome of the wife ft Pagans, have embraced the former opi¬ nion ; which Teems to be (upported 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. I he firft men, fay they, lived for fome time in woods and caves after the manner of beafts, uttering only confufed and indiftina 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. Ihis 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 hav¬ ing grown out of the earth like trees and other vege¬ tables, it has been adopted by feveral modern writers (a) of high rank in the republic of letters, and is cer- s tainly in itfelf worthy of examination. Arguments The moft learned, and on every account the moft re- for its being fppftjjble author who now fupports this opinion, can- of human jidiy acknowiedges, that if language was invented, it invention. ^ very difficult invention, and far beyond the reach of the groffeft favages. Accordingly he holds, that though men were originally folitary animals, and had no natural propenfity to the focial life •, yet before language could be invented they muft have been affo- 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 filch powers of abftra&ion as to be able to form general ideas. (S ee Logic and Metaphysics.) But it is obvious, that men could not have inftituted civil polity, or have carried on of concert any common work, without com¬ municating their defigns to each other : and there aie four ways 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, Gejures and the exprejfton of countenance : 3d, Imitative founds expreffive of audible things ; and 4th, Painting, by which vifible objefts may be. repr.e- fented. Of thefe four ways of communication it is plain that only two have any connexion with language, viz. inarticulate cries and imitative founds •, and of thefe the author abandons the latter as having contributed nothing to the invention of articulation, though he 7 1 LAN thinks it may have helped to advance its progrefs. “ I Language. am difpofed (fays he) to believe, that the framing of' *~'“ 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 •, and the fa£t is, that all barba¬ rous nations have cries exprefling different things, fuch as joy, grief, terror, furprife, and the like. 1 hefe, to¬ gether with geftures and expreflion of the countenance, were undoubtedly the methods of communication firft ufed by men : and we have but to luppofe ( lays 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 we fuppofe their numbers to increafe, their wants would increaie alio ; and then thefe two methods of communication would become too confined for that larger Iphere of life which their wants would make neceffary. I he only thing then that re¬ mained to be done was to give a greater variety to the inftinftive cries 5 and as the natural progrefs is.from what 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 purpofes of fpeech in fociety ; and being advanced fo far, it was natural that an animal fo fagacious as man fiiould go on farther, and come at laft to the only other variation remaining, namely, articulation. 1 he fiift articulation would be very fimple, the voice being bro¬ ken and diftinguifhed 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 from the greater part fpoken from the throat j that what confonants were ufed to vary the cries, were moft- ly guttural •, and that the organs of the mouth would 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 fu.ch things as were moft neceffary for carrying on any joint work : then in procefs of time other cries would be articulated, to fignify, that fuch and fuch atfions had been per¬ formed or w'ere performing, or that Inch and fuch events had happened relative to the common bufinefs. The names would be invented of fuch objefts as th>-y were converfant with ; but as we cannot fuppofe 1a- vages to be deep in abftra£lion or fkilful in the art .of arranging things according to \.\uz'ix genera and fpecies, all things however fimilar, except perhaps the indivi¬ duals of the loweft fpecies; would be ex prefled by dif¬ ferent words not related to each other either by deri¬ vation or compofition. Thus would language grow by degrees j and as it grew, it would be more and more broken and articulated by confonants.; but ftill the words would retain a great deal of their original na¬ ture (a) Father Simon, Voltaire, L’Abbe Condillac, Dr Smith, and the author of th Origin and Progrrf, of Language. LAN Language, ture of animal cries. And thus things would go on, v ' words unrelated ftill multiplying, till at laft the lan¬ guage would become too cumberfome for ufe j and then art would be obliged to interpofe, and form a language upon a few radical words, according to the $ rules and method of etymology. Arguments Thofe (b) who think that language was originally for us di- revealed from heaven, confider this account of its hu- vine origin. lnan invention as a feries of mere fuppolitions 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 eftimation of no greater authority than the opinions of other men j for as lan¬ guage was formed and brought to a great degree of perfection long before the era of any hiftorian with whom we are acquainted, the antiquity of the Greek and Roman writers, who are comparatively of yefter- day, gives them no advantage in this inquiry over the philofophers of France and England. Ariftotle has defined man to be £»or : and the definition is certainly fo far juft, that man is much more remarkable for imitation than invention j and therefore, fay the reafoners on this fide of the queftion, had the human race been originally mutum et turpe pecus, they would have continued fo to the end of time, unlefs they had been taught to fpeak by fome fuperior intelligence. That the firft 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 ftate of high perfection and happinefs, of which they were deprived for difobedience to their Creator. Mofes, fetting afide his claim to infpiration, deferves, from the confiftence of his narrative, at leaft as much credit as Mofchus, or Democritus, or Epicurus *, and from his prior antiquity, if antiquity could on this fubjeCl have any weight, he would deierve more, as having lived nearer to the period of which they all w7rite. But the queftion refpeCling the origin of language may be decided without refting 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 animals, 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 groffeft ignorance to the refinements of fcience. But, fay the reafoners whofe caufe w'e 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 barba- rifm to civilization. There have indeed been many nations raifed from the ftate of favages •, but it is known that they were polilhed, not by their own repeated ex¬ ertions, but by the influence of individuals or colonies LAN from nations more enlightened than themfelves. The Language original favages of Greece were tamed by the Pelafgi, ——v— 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 ftep from barbarifm, were indebted for their fuperiority over the other tribes, not to the gradual and unaflifted pro- grefs of the human mind, but to the wife inftitutions of foreign legiflators. This is not the proper place for tracing the progrefs of man from the favage ftate to that of political focie- ty (fee SAVAGE State'); but experience teaches us that in every art it is much eafier to improve than to invent. The human mind, when put into the proper track, is 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 difcover that track, or to conceive a ftate different from the prefent. If the rudeft inhabitants of America and other countries 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, ffiould think of inventing an art fo difficult as that of fpeech, or even to frame a conception of the thing ? In build¬ ing, filhing, hunting, navigating, &.c. they might imi¬ tate the inftinftive arts of other animals, but there is no other animal that expreffes its fenfations and af- fedlions 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 viftble figns of the paffions and affections, were modes of communication fufficiently accurate to keep a large fociety together for ages, and to direft 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 favages fet about inventing an art of communicating their thoughts, which experience had taught them was not abfolutely neceffary j 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 inftimffive connexion with our paffions and affeftions 5 but there are geftures and expreffions of countenance with which our paffions and affe£Hons are in the fame manner connefled. If the natural cries of paffion 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 [ 518 ] (b) Warburton, Delaney, Johnlbn, Beattie, Blair, and Dr Stanhope Smith of New Jerfey, &c. LAN [Si Language, very fame purpofe (fee Pantomime) $ and it is ftrange that among the feveral nations who invented languages, not one ihould have Rumbled upon fabricating vifible figns of their ideas, but that all Ihould have agreed to denote them by articulated founds. Every nation vhofe language is narrow and rude fupplies its defects by a violent gefticulation ; and therefore, as much lefs genius is exerted in the improvement of any art than was requifite for its firlt invention, it is natural to fup- pofe, that, had men been left to devife for themfelves 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 fitnefs of articulation, its extreme ddficulty be taken into view, it mult appear little lefs than miraculous that every favage tribe ihould think of it rather than the eafier method of artificial gefticulation. Savages, it is well known, are remark¬ able for their indolence, and for always preferring eafe to utility j but their modes of life give iuch pliancy to their bodies, that they could with very little trouble bend their limbs and members into any pofitions agreed upon as the figns of ideas. X his is lo far from being the 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 articmate any found which he has not been accuftomed to hear. No fo¬ reigner vrho comes to England after the age of thirty ever pronounces the language tolerably well j an Eng- liihman 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 j 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 furnilhed many inftances of deaf perfons being taught to (peak intelligibly by Ikilful matters moulding the organs of the mouth into the pofitions proper for articulating the voice j 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 effedled ? In a word, daily experience informs us, that men who have not learned to articulate in their childhood, never after¬ wards acquire the faculty of fpeech but by fuch helps as favages cannot obtain ; and therefore, if 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 j 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 muft have been fpeaking animals; the young having con- ftantly acquired this art by imitating thofe who were 4 9 ] LAN elder ; and wre may warrantably conclude, that our firft Language.^ parents received it by immediate infpiration. v 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¬ fect, and held in reverence by thofe who fpake it, i. e. by all mankind. But a vaft variety of languages have prevailed in the w'orld j and fome of thefe which re¬ main are knowm to be very imperfeCt, whilft there is reafon to believe that many others are loft. If differ¬ ent languages were originally invented by different na¬ tions, all this would naturally follow from the mixture 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 refpeCt inferior to that with which their forefa¬ thers or themielves had been infpired ? j In anfwer to this objection, it is faid, that nothing in what cir- was given by infpiration but the faculty of fpeech and cumftances the elements of language; for when once men hadtl^™°^n^ language, it is eafy to conceive how they might have ct.plous lan- modified it by their natural powers, as thoufands can miage muft improve what they could not invent. The firft lan-become guage, if given by infpiration, muft in its principlesani have had all the perfection of wffiich language is fuf- ceptible ; 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 Inftruftor would load the memorif s 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 fuperftruCture which they might ever after have occafion to raife upon it, and that they were, taught the method of building by compofition and derivations, This would long preferve the language radically the fame, though it could not prevent the introduction pf different dialeCts 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 lides from what we may call the feat of govern¬ ment. In either cafe they would everywhere meet with new objeCls, which would occafion the invention of new names ; and as the difference of climate and other natural caufes w7ould compel thofe who removed eaftward or northward to adopt modes of life in many refpeCls different from the modes of thofe 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 neceffarily be unintelligible to the body of the people inhabiting countries where thofe conceptions had never been formed. Thus would various dialeCIs 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 dialeCts would deviate farther and farther from each other, as well as from the idiom and genius of the parent tongue, in proportion to the diftance of the L A N' [ 5 Language, the tribes by whom they were fpoken. If we fuppofe a few people either to have been bamlhed 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 fand fuch emi¬ grations have often taken place), it is ealy to fee how the mod copious language mutt in their mouths have foon become narrow, and how the offspring of in- fpiration mutt 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 practical Ikill in thofe arts which they never ex- ercife •, and there are abundance of fadts to prove, that a Angle man call upon a defert ifland, and hav¬ ing to provide the neceffaries of life by his own inge¬ nuity, would foon lofe the art of fpeaking with fluency his mother tongue. A fmall number of men caft away together, would indeed retain that art fomewhat longer; but in a fpace of time not very long, it would in a great meafure be loft by them or their pofterity. In this ftate of banifhment, as their time would be almoft wholly occupied in hunting, fifhing, and other means within their reach to fupport a wretched exift- ence, they would have very little leifure, and perhaps lefs defire, to preferve by converfation the remembrance of that eafe and thofe' comforts of which they now found themfelves for ever deprived j and they umuld of courfe foon forget all the words which in their native language had been ufed to denote the accommo¬ dations and eleganeies of poliftied life. This at leaft 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 cife to them, and of which it would be impoftible to make them compre¬ hend the meaning 5 for where 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, which have induced fo many philofophers to imagine that the Hate ef the favage was the original ftate of man j and if fo, we fee that from the language of infpiration muft have unavoidably fprung a number of different dialefts all extremely rude and narrow, and retaining nothing of the parent tongue, except perhaps the names of the moft confpieuous obje61s of nature, and of thofe wants and enjoyments which are infeparable from humanity. The favage ftate has no artificial wants, and furnifhes few ideas that require terms to exprefs them. The habits of folitude and filence in- 20 ] LAN cline a favage rarely to fpeak *, and when he fpeaks, Language he ufes the fame terms to denote different ideas. Speech therefore, in this rude condition of men, muft be ex¬ tremely narrow and extremely various. Every new region, and every new climate, fuggefts different ideas and creates different wants, which muft be expreffed either by terms entirely new, or by old terms ufed g with a new fignification. Hence muft originate great jjence the diverfity, even in the firft elements of fpeech, among variety of all lavage nations, the words retained of the original tongues language being ufed in various fenfes, and pronounced, wiuch have as we may believe, with various accents. When any [he'worfd1* 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 w'ould keep pace with their own progrefs in knowledge and in the arts of civil life j but in the infinite multi¬ tude of words which civilization and refinement add to language, it would be little lefs than miraculous were any two nations to agree upon the fame founds to re- prefent the lame ideas. Superior refinement, indeed, may induce imitation, conquefts may iropofe a lan¬ guage, and extenfion of empires may melt down dif¬ ferent nations and different dialefts into one mafs j but independent tribes naturally give rife to diverfity of tongues, nor does it feem poftible that they fhould retain more of the original language than the words expreflive of thofe objefts with which all men are at all times equally concerned. The variety of tongues, therefore, the copioufnels of fome, and the narrownefs of others, furnifti no good objection to the divine origin of language in ge¬ neral ; for whether language was at firft revealed from heaven, or in a courfe of ages invented by men, a multitude of dialefts would inevitably arife as foon as the human race was feparated into a number of diftinft and independent nations.—We pretend not to decide for our readers in a queftion of this nature : we have given the beft 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 own judgment leans to the fide of revelation, let it not be haftily 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 eaft, 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 inftances of this might be given, but our limits w’ill permit us to produce only a very few'.— In the Shan/cn't, or ancient language of the Gentoos, OUR fignifies a day: (See Halhed's preface to the code of Gentoo laws'). In other eaftern 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, (P/ut. de OJir. et IJid.) : In the Hebreiv, AUR is light : in the Greek, «>je is the air, often light: in Latin, aura is the air, from the ./Eolic Greek ; and in Irifih it is aear. From the- very fame original we have the Greek word srtig, and the Englifli fire.—In He¬ brew, OR fignifies to raifie, lift up one's fief, or be raified: hence plainly are derived the Greek to raifie, ex¬ cite, and the Latin ORIOR to arifie ; w hence ORlENS the eafil, and Eng. orient, oriental; alio Lat. origo, and Eng. or,gwi originate, &c.— I he word KhuNT in the Shanfcrit dialeft, fignifies a fimail territory, which is retained in Kvrfos, Kent, Canton, Cantabria. The word 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 Englifli, lught Flemifh, LUX Roman, and Greek, has been traced to Egypt. Aretz, arek, erech, hertha, earth, and ERDE, are all one word from Paleftine and Chaldea to Britain and Germany.—The Chaldeans turned the Hebrew Language. 9 The lan¬ guage of any people an index to their mmds. 10 Some ex¬ ceptions to the prece¬ ding; rule. LAN [ 52 Language, whatever was its origin, mud be fubje£t to perpetual changes from its very nature, as well as from that variety of incidents which affebt all fublu- nary things •, and thofe changes mulf always corre- fpond with the change of circumftances in the people by whom the language is fpoken. When any parti¬ cular fet of ideas becomes prevalent among any fociety of men, words muft be adopted to exprefs them ; and from thefe the language mult affume its character.— Hence the language of a bravre and martial people is bold and nervous, although perhaps rude, and unculti¬ vated } while the languages of thofe nations in which luxury and effeminacy prevail, are flowing and harmo¬ nious, but devoid of force and energy of expreflion. But although it may be conlidered as a general rule, that the language of any people is a very exaft index of the ftate of their minds, ytt it admits of fome par¬ ticular exceptions. For as fnan is naturally an imita¬ tive animal, and in matters of this kind never has re- courle to invention but through neceflity, colonies planted by any nation, at whatever diflance from the mother country, always retain the lame general founds and idiom of language with thofe from whom they are feparated. In procefs of time, however, the colonifts and the people of the mother country, by living under different climates, by being engaged in different occu¬ pations, and by adopting, of courfe, different modes of life, may lofe all knowledge of one another, aflume different national characters, and form each a diflinbl •language to themfelves, totally different in genius and ftyle, though agreeing with one another in the fun- ‘damental founds and general idiom. If, therefore, this 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 perfeblion to which, by the genius of the people, it might otherwife have been carried. Thus various languages may have been form¬ ed out of one parent tongue ; and thus that happy «oncurrence of circumftances which has raifed lome languages to a high degree of perfection, may be eafi- 3y accounted for, while many ineffectual efforts have Been made to raife other languages to the fame degree ■®f excellence. Vol. XI. Part II. 1 ] LAN As the knowledge of languages conftitutes a great hangwage^ part of erudition, as their beauty and deformities fur- —-V'-—' niih employment to take, and as thefe depend much upon the idioms of the different tongues, we Ihall pro¬ ceed to make a few remarks upon the advantages and defeCts of lb me of thole idioms of language with which it we are belt acquainted.—As the words IDIOM and GE-VTat is Nius of a language are often confounded, it will be^ neceffary to inform the reader, that by IDIOM "'fc^dwhiTt would here be underitood to mean that general mode uf by the ge¬ arranging words into Jentenccs whn h prevails in any par-nius, ot a ticular language ; and by the GENIUS of a language, we mean to exprefs the particular jet of ideas which the words of any language, either from their formation or multiplicity, are mojl naturally apt to excite in the mind of any one who hears it properly uttered. Thus, al¬ though the Enghfh, french, Italian, and Spanifh lan¬ guages nearly agree in the fame general IDIOM, yet the particular genius of each is remarkably different: The Englifh is naturally bold, nervous, and itrongly articulated ; the French is weaker, and more flowing j the Itafian more foothing and harmonious j and the r, Spani/h more grave, fonorous, and (lately. Now, when Two idi- we examine the feveral languages which have been °ms amoHg‘ molt e(teemed in Europe, we find that there are ly two idioms among them which are tffentially di-(*ftepme({ ^ Itinguilhed from one another j and all thole lan-Europe, guages are divided between thefe two idioms, follow¬ ing lometimes the one and fometimes the other, either wholly or in part. The languages which may be faid to adhere to the firlt IDIOM, are thofe which in their conitruCtion follow the order of nature ; that is, ex¬ prefs their ideas in the natural order in which they occur to the mind •, the fubjeCt which occafions the ac¬ tion appearing firlt j then the aCtion accompanied with its feveral modifications ) and, lalt of all, the objeCt to 13 which it has reference.—Thefe may properly be called The ana-^ ANALOGOUS languages ) and of this kind are the Eng-to£ous anc- lilh, French, and molt of the modern languages in Eu¬ rope.—The languages which may be referred to the other idiom, are thofe which follow no other order in their conftruCtion than what the tafte or fancy of the compofer may fuggeft 5 fometimes making the objeCt, fometimes the aCtion, and fometimes the modification of the aCtion, to precede or follow the other parts. The confufion which this might ocaafion, is avoided by the particular manner oiinflecling their words, by which 3 U ’ they Hebrew word SHUR or SHOR, which fignifies an ox, into THOR, as likewife did the Phenicians (See P/ut. Vit. the Eelic AiF #5, the Latin divus, and -the Celtic dhia, God. T4 tlie tranf- pofitive lan¬ guages compared with re- fpedl to LAN [ 52 Language, they are raadte to refer to the others •with which they ought to be connected, in whatever part of the fentence they occur, the mind being left at liberty to connect the feveral parts with one another after the whole fen¬ tence is concluded. And as the words may be heif. tranfpofed at pleafure, thofe languages may be called transpositive languages. To this clafs we mull, in an efpecial manner, refer the Latin and Greek lan¬ guages.—As each of thefe idioms has feveral advan¬ tages and defedfs peculiar to itfelf, we {hall endeavour to point out the moll confiderable of them, in order to afcertain with greater precifion the particular charac¬ ter and excellence of fome of thofe languages now principally fpoken or lludied 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 dillinguiihing peculiarity belonging to them as one of the //ztfvy caufes of the amazing fuperiority which thofe languages evidently enjoyed above every other at that time fpoken in Europe.—This blind deference Hill continues to be paid to them, as our minds are early prepoffeffed with thefe ideas, and as we are taught in our earlieif infancy to believe, that to entertain the leal! 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 tafte.—Their rights, th erefore, like thofe of the church in former ages, re¬ main Hill to be examined ; and we, without exerting our reafon to difcover truth from falfehood, tamely fit down fatisfied with the idea of their undoubted pre¬ eminence in every refpedt. But if we look around us for a moment, and obferve the many excellent produc¬ tions which are to be met with in almolt every language of Europe, we mull be fatisfied, that even thefe are now poffeffed of fome powers which might afford at lealt a prefumption, that, if they were cultivated with a pro¬ per degree of attention, they might, in fame refpeBs, be made to rival, if not to excel, thofe beautiful and jullly 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 moll generally received upon this fubjeft, and reft the determination of the caufe on her impartial decifion. The learned reader well knows, that the feveral changes which take place in the arrangement of the words in every TRANSPOSITIVE language, could not be admitted without occafioning great confufion, unlefs certain clafles 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 connected. From this caufe proceeds the ne- ceffity of feveral variations of verbs, nouns, and adjec~ fives; which are not in the leaft elfential or necell'ary in the analogous languages, as we have pretty fully ex¬ plained under the article Grammar, to which we refer for fatisfaftion on this head. We fliall in this place confider, whether thefe variations are an advantage or a difadvantage to language. f As it is generally fuppofed, that every language whofe verbs admit of inflexion, is on that account much more perfeft than one where they are varied by auxi¬ liaries ; we lhall in the firft place, examine this with 2 ] LAN fome degree of attention ; and that what is faid on this Langusgi’, head may be the more intelligible, we (hall give ex- w-— amples from the Latin and Englilh languages. We make choice of thefe languages, becaufe the Latin is more purely tranfpojitive than the Greek, and the Eng¬ lilh admits of lels infeciwn than any other language that we are acquainted with. i(. If any preference be due to a language from the cpverff{y 0f one or the other method of conjugating verbs, it muft founds, va¬ in a great meaCure be owing to one or more of thefe bety of ex- three caufes :—Either it muft admit of a greater va-P1^0”8*. riety of founds, and confequently more room for har-^ecl‘ monious diverlity of tones in the language :—or a meaning, greater freedom of expreftion 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, laftly, a greater precifion and accuracy in fixing the meaning of the perfon who ufes the language, arife from the ule of one of thefe forms, than from the ule of the other : for, as every other circumftance which may ferve to give a diverfity to language, fuch as the general and moft prevalent founds, the frequent repetition of any one particular letter, and a variety of other circum- ftances of that nature, which may ferve to debafe a particular language, are not inlluenced in the lealt by the different methods of varying the verbs, they cannot be here confidered. We lhall therefore pro¬ ceed to make a comparifon of the advantages or difad- vantages which may accrue to a language by inflefting its verbs with regard to each of thefe particulars,—va¬ riety of found, variety of arrangement, and accuracy of meaning. _ The firjl particular that we have to examine L, Diverfity of Whether the one method of exprefling the variations founds, of a verb admits of a greater variety of founds ? In this refpect the Latin feems, at firft viewq to have a great advantage over the Englijh : for the words amo, atnabam, amaveram, amavero, amem, &c. feem to be more different from one another than the Englilh trani- lations of thefe, / love, I did love, I had loved, lJball < have loved, l may love, &c. \ for although the fyllable am is repeated in every one of the firft, yet as the laft fyllable ufually ftrikes the ear with greater force and leaves a greater imprcffion than the firft, it is very probable that many will think the frequent repetition of the word LOVE in the laft inftance, more llriking 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 tenfesoi a Latin verb, than there is between the words that are equivalent to them in Englilh. But as we here confider the variety of founds of the language in general, before any jult conclufion can be drawn, we muft not only compare the different parts of the lame verb, but alfo compare the different verbs with one another in each of thefe languages. And here, at firft view, we perceive a moft ftriking diftinction in favour of the analogous language over the injledled: 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 claffes } all the words of each of which claffes com¬ monly LAN [ 52 Language rnonly called conjugations, have the feverai variations of -v——• m0Jes^ tenfes, and perfons, expreiled exaflly in the fame manner, which mull of neceffity introduce a fi- milarity of founds, into the language in general, much greater than where every particular verb always retains its own diflinguilhing found. To be convinced of this, we need only repeat any number of verbs in Latin and Engliih, and obferve on which fide the preference with refpe£! to variety of founds muft fall. Pono, .Dono, Cano, Sono, Orno, Pugno, Lego, Scribo, Puto, Vivo, Ambulo, I put. I give. Ifing- Ifound. I adorn. I fight. 1 read. 1 write. I think. I live. I walk. Moveo, Doleo, Lugeo, Obeo, Gaudeo. Incipio, Faeio, Fodio, Rideo, Impleo, Abdineo, I move, I ail. I mourn. I die. I rejoice. 1 begin. I make. I dig. I laugh. Ifilh l forbear. 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 neceffity pro¬ duce the famenefs of founds which we here perceive j whereas, every language that follow the natural order, like the Englilh, mftead of this fmall number of uni¬ form terminations have almoft as many diftiruft 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 imperfe£l of the indicative, as below. Pone-bam ; Dona-bam Cane-bam ; Sona-bam ; Orna-bam Pugna-bam Lege-bam ; Scribe-bam Puta-bam $ Vive-bam} / d/d put, I did give, I did fing, I did found, 1 did adorn, 1 did fight, I did read, I did write, I did think, I did live, I put. 1 gave. I fun%. I founded. 1 adorned. I fought. I read. I wrote. I thought. / lived. \ i 3 1 Abula-bam } Move-bam j Dole-bam j Luge-bam j Obi-bam j Gaude-bam Incipie-bam 5 Facie-bam \ Fodie-bam \ Ride-bam $ Imple-bam Abftine-bam j It is unneceffary to make any remarks on the Latin words m this example : but in the Englifti tranflation. 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 fubjeft farther, we might obferve, that the perfedl tenfe in all the conjugations ends univertally in I, the pluperfeB in ERAM, and the future, in am or BO ; in the fubjundlive mood, the imperfeB univerfal/y in REM, the perfeB in ERIM, the pluperfeB in ISSEM, and the future in ERO : and as a ftill greater famenefs is obfervable 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 it is evident that, in re- fpeft to diverfity of founds, this method of conjugating verbs by inflexion, is greatly inferior to the more natu¬ ral method of expreffing the various connexions and re¬ lations of the verbal attributive by different words, ufu- ally called auxiliaries. 17 The fecond particular, by which the different me-Variety of thods of marking the relation of the verbal attributive exPreflioi'ti* can affeft language, arifes from the variety of expref- fions which either of thefe may admit of in uttering the fame fentiment. In this refpeft, likewife, the me¬ thod of conjugatioxr by inflexion feems to be deficient. Thus the prefent of the indicative mood in Latin can at moft be expfeffed only in two ways, viz. scrtbo and EGO scribo ; which ought perhaps in ftri&nefs to be admitted Only as one : whereas, in Engliftr, we can vary it in four different ways, viz. \Jl, I WRITE idly, I do write ; ^dly, Write I do ; t\thly, Write do I (d). And if we coniider the further variation which thefe receive in power as well as in found, by having 3 U 2 the L A I did walk, I did move, I did ail, I did mourn, I did die, I did rejoice, I did begin, I did make, I did dig, I did laugh, 1 did fill, 1 did forbear. N I walked. I moved. I a iled. / mourned. I died. / rejoiced, I began. / made. I dug. I laughed. I filled. 1 forbore. Language. (d) We are fufficienlly aware, that the laft variation cannot in ftrianefs be confidered as good language j although many examples of this manner of ufing it in ferious compofition, both in poelry an pro.t, mig L be eafily produced from the heft authors in the Englifh language.—But however unjuftifiable it may be t» ufe it "in ferious compofition * yet, when judicioufly employed in works of humour, this *nd other forced expreffions of the like nature produce a fine effeft, by giving a burlefque air to the language, and beauti¬ fully contrafting it to the purer diftion of iolid reafoning. Ihe fagacious Shakefpeare, has, on many occa- iions, (bowed how fuccefsfullv thefe may be employed in compofition, particulaily in drawing the charac¬ ter of ancient Pifiol\n Henry V. Without this liberty, Butler would have found greater difficulty in drawing the inimitable charafter of Hudibras.—Let this apology fuffice for haying inferted _ this and other variations of the fame kind which, although they may be often improper for ferious compofition, have ftnl their ulc language. LAN [ 524 ] . LAN Language. the emphafis placed on the different words j inftead of four, we will find eleven different variations : thus, xjl, I write, with the emphafis upon the I;—2d/y, 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 refpedt to meaning, but alfo with regard to found j and the fame mult be underftood of all the other parts of this example. 3. I do write. 4. I bo write. 5. / do tVRlTE. 6. Write I do. 7. Write I do. 8. Wrj'te 1 r>o. 9. Write do I. 10. Write bo 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 Englifii admit of fewer than in the above ex¬ ample ; and feveral of thefe phrafes, which muft be confidered as exaft tranfiations of fome of the tenfes of the Latin verb, admit of many more. Thus the imperfeft of the fubjundtive mood, which in Latin admits of the above two variations, admits in Englilh of the following : 1. 7 might have written. 4. Written might have I. 2. Written I might have. 5. 7 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 emphafiSj they will be as under : 1. I might have written. 2. I might have written. 3. 7 might hare written. 4. 7 might have written. 5. Written I might have. 6. Written I might have. 7. Written I might have. 8. Written I might have. 9. Have written I might. 10. Have written 1 might. 11. Have written I might. 12. Have written I might. 13. Written might have I. 14. Written might have I. 15. Written might have I. 16. Written might have I. 17. I written night have. J 8- 7 written might have. 19. 1 written might have. 20. 1 written might have. 2 T. Have written might I. 22. Hove written might 7. 23. Have written might I. 24. Have written might I. flill remains in this refpedl as 12 to 1.—Yet even this Language, conceffion is greater than ought to have been made : —-v——■* 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 infledlion, not excepting the Greeks themfelves, has been obliged to remain fatis¬ fied with fewer words than would have been neceffary even to effedl this purpofe, and make the fame wmrd ferve a double, treble, or even quadruple office, as in the Latin tenfe which gave rile to thefe obfervations : So that, however in phyfical neceffity,. this may not be chargeable upon the particular mode of conftruc- tion, yet in moral certainty it muft always be the cafe 5 and therefore we may fafely conclude, that the mode of varying verbs by inflexion 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. Eiit if there fhould ftill remain any lhadew of doubt in the mind of the reader, whether the method of va¬ rying the verbs by inJlcBion is inferior to that by auxi- prec^on 0£. I lanes, with regard to diverfity of founds, or variety, of expreffion ; there cannot be the leaft doubt, but which the that with refpedt to preeifion, diftin&nefs, and accu- Enghfh is racy, in expreffing any idea, the latter enjoys a fupe-ta riority beyond all comparifon.—Thus the Latin verb ja^clJag” Amo, may be Engliffied either by the words, 7 love, ° or 7 do love, and the emphafis placed upon 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 ule of any fingle word. The following line from Shakefpeare’s Othello may ferve as an example : —Excellent wretch ! Perdition catch my foul, but 7 DO love thee : In which the ftrong emphafis upon the word Do, gives it a force and energy which conveys, in an irxefiltible manner, a moft pe/Peft knowledge of the fituation of the mind of the fpeaker at the time—That the whole energy, of the expreffion depends upon this feemingly infignincant word, we may be at once fatisfied of, by keeping it aw ay in this manner : In all 24 variations, inftead of two.—If we likewife confider, that the Latins were obliged to employ the fame word, not only to exprefs “ I might have written, but alfo, “ I could, I would, or lyZ'^/d have written f’’ each of which would admit of the fame variations as the word might; we have in all ninetyJix different ex- preffions in Engliffi for the fame phrafe which in Latin admits only of two, unlefs they have recourfe to other forced turns of expreffion, which the defedts of their verbs in this particular has compelled them to in¬ vent. But if it fliould be objedled, that the laft circum- flance w^e have taken notice of as a defedt, can only be confidered as a defedl of the Latin language, and is not to be attributed to the injleBion of their verbs, feeing they might have had a particular tenfe for each of thefe different words might, could, would, and Jhould; we anfwer, that, even admitting this excufe as valid $ the fuperiority of the analogous language, as fuch, 2. • ' - Excellent wretch !. Perdition catch my foul, but 7 love thee. How poor—how tame—how infignificant is this, when compared' with the other ! Here nothing remains but a tame affertion, uffiered in with a pompous exclama¬ tion which could not here be introduced with any de¬ gree of propriety. Whereas, in the way that Sbake- fpeare 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 fpite 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 aftonifhing, that any warmth of affe&ion iliould ftiil remain in his brealE LAN [ <25 ] LAN Language, breaft, he even confirms it with an oath,— "Perdition '—sr— catch my foul, but I DO love thee.—“ In fpite of all the falsehoods 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 expreflion into any language whofe verbs are regu¬ larly infledted. In the fame manner we might go through all the other tenfes, and ftiow that the fame fuperiority is to be found in each. Thus, in the perfeB tenfe of the Latins, inftead of the fimple amavi, we fay I HAVE LOVED } and by the liberty we have of putting the emphafis 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 } for if we lay, I have loved, with the emphafis upon the word I, it at once points out the perlon as the principal objedt 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, Sec. But we are not only enabled thus to diftinguifh 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 emphafis upon the word have, “ I HAVE lovedf it as naturally points out the time as the principal objedt, and makes us to look for a contraft in that peculiarity, I HAVE : “ I have loved indeed ;—my imagination has beeh led aftray—my reafon has been perverted 5—but, flow 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 paflion is exhibited as the principal circum* fiance j and as this can never be excited without fome objedt, we naturally wifh to know the objedt of that paflion—“ Who ! what have you loved P"1 are the na¬ tural queftions we would put in this cafe. “ I have LOVED Eliza.” In this manner we are, on all occafions, enabled to exprefs, with the utmoft preci- iion, that particular idea which we would wifh 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 infledtion : and if to this we add the inconvenience which all infledted languages are fubjedt to, by having too fmall a num¬ ber of tenfes, fi)' 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.—ft hus, in Latin, the fame word AM ABO Hands for Jhall or will love, fo that the reader is left to guefs 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 AMEM 5 as are alfo might, could, would, or Jhould, Language^ love, by the Angle word aMaREM, as we have already v ^ obferved j fo that the reader is lelt 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 alio by al¬ lowing us to put the emphafis upon any of them we pleafe, which fuperadds energy and force to the preci¬ fion it would have had without that afliftance. 15’ Upon the whole, therefore, after the moft candid ^erne- examination, we muft conclude, that the method ofco°-u"a_ conjugating verbs by utfleclion is inferior to that whichting verbs is performed by the help of auxiliaries;—becaule itb> hiflec- does not afford luch a diverfity of iounds,—nor al- low fuch variety in the arrangement of expreflion Vs for the fame thought,—nor give fo great diftimftion perfoirneci and precifion in the meaning.—It is, however, at-by auxilia- tended with one confiderable advantage above theries. other method : for as the words of which it is formed are neeeffarily of great length, and more fonorous, than in the analogous languages, it admits of a more flowing harmony of expreflion ; for the number of monofyllables in this laft greatly checks that pompous dignity which naturally refults from longer words* Whether this Angle advantage is fufticient to counter¬ balance all the other defe&s with which it is attended, is left to the judgment ©f the reader to determine but we may remark, before we quit the fubjeft, that even this excellence is attended with fome peculiar in¬ conveniences, which ftiall be more particularly pointed out in the fequel. But perhaps it might ftill be ©bjefled, that although the comparifons we have made above may be fair, and the conclufion juft, with regard to the Latin and En~ glifh languages •, yet it does not appear clear, that on that account the method of conjugating verbs by in- fleffion is inferior to that by auxiliaries ; for although it be allowed that the Latin language is defeftive in point of tenfes ; yet if a language were formed which had a fufticient number of inflefted tenfes to antwer every purpofe 5 if it had, for inftance, a word properly formed for every variation of each tenfe : one for / love, another for I do h.ve ; one for /fball, another for I will love ; one for / might, another for / could, and would, and Jhould love; and fo on through all the other tenfes j that this language would not be liable to the obje&ions we have brought againft the infleftion of verbs; and that of courfe the obje&ions we have brought are only valid againft thofe languages which have followed that mode and executed it imperfeftly. —We anfwer, that although this would in fome 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 way, having the found of the words in each tenle, and di» vifion of tenfes, as we 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 expreflion as auxiliaries allow j for al¬ though there ftrould be two words, one for 1 might, and another far I could love j yet as thefe are Angle words, they cannot bs varied j whereas, by auxiliaries, either LAN [ 526 ] .LAN e- of thefe can be varied 24 different ways, as has been Ihown above. In the laft place, no Angle word can ever exprefs all that variety of meaning which we can do by the help of our auxiliaries and the emphafis. I have loved, if expreffed by any one word, could only denote at all times one diftinft meaning *, fo that to give it the power of ours, three diilimft words at leaft would be neceffary. However, if all this were done 5 that is, if there were a diltinft 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 ; and thefe all carried through each of the different perfons, fo as to be all different from one another j—and if likewife there were a diflinft word to mark each of the feparate meanings which the fame tenfe could be made to af- fume by means of the emphafis \ and if all this infi¬ nite variety of words could be formed in a diflinct manner, different from each other, and harmonious ; this language would have powers greater than any that could be formed by auxiliaries, if it were poffible for the human powers 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 iuch a language ? (e)—How much, therefore, ought we to admire the Ample perfpicuity of our language, which enables us, by the proper application of ten or twelve feemingly trifling words, the meaning and ufe of which can be attained with the utmoft 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 pow-ers know no limits ? —or, what can be compared to the fancied perfection 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 defefts of each of thefe two methods of varying verbs, we cannot help feeling a fecret with 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 Bo¬ rman monarchy, fome o! them did not accidentally Humble on the method of doing it. From many con¬ curring circumitances, 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 of their verbs infle&ed : yet the Englifti alone ha\e in' Language, any inftance combined the joint powers of the two ; —y—**-' 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 occaflon required. We have luckily two tenfes formed in that way 5 the prefent of the indicative, and the aorilt of the pnjh In almuft all our verbs thefe can be de¬ clined either with or without auxiliaries. Thus the prefent, without an auxiliary, is, / love, I write, Ifpeak$ with an auxiliary, I do write, I do love, I do /peak. In the fame manner, the paft tenle, by inflection, is, / loved, I wrote, I [poke $ by auxiliaries, I did love, I did /peak, I did write. Every author, who knows any thing of the power of the Englifli language, knows the ufe which may be made of this diftincdion. What a pity is it that wre fhould have ftopt Ihort fo foon ! how blind was it in many other nations to imitate the defeCts wdthout making a proper ufe of that beautiful language W'hich is now numbered among the dead ! 20 After the verbs, the next moft conflderable varia-Analogous tion we And between the analogous and tranfpoJitivean^ languages is in the nouns ; the latter varying the dif-P°^ve ferent cafes of thefe by infield ion ; whereas the former cor^pa4d exprefs all the different variations of them by the help with re of other words preAxed, called prepojitions. Now, ifipc dl to th® wre conAder the advantages or difadvantages of eitherca^es of thefe methods under the fame heads as we have doner,ouru‘ the verbs, we Aiall And. that with regard to the Arft particular, viz. variety of founds, almoft the fame re¬ marks may be made as upon the verbs *, for if we compare any particular noun by itfelf, the variety of found appears much greater between the different cafes in the tranfpojitivc, than between the tranflation of thefe in the analogous language. Thus REX, REGIS, REGI, REGEM, &c. are more diftind from one another, in point of found, than the tranflation of thefe, a king, of a king, to a king, a king, &c. But if w e proceed one ftep further, and conAder 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 would have been impoffible to form diftinCl varia-- tions, different from one another, for each cafe of every noun, they have been obliged to reduce all their nouns into a fewr general claffes, called declenjions, apd to 21 give to all thofe included under each clafs the fame ter- The for- mination in every cafe •, which produces a like Amila- mer fupe- rity of found with what we already obferved was oc‘nor^n ^ caAoned to the verbs from the fame caufe •, whereas in p0U11l/ 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 Ave different declenAons ; fo that all the great number of words of this general order muft be reduced to the very fmall diverAty of founds which thefe few claffes admit (e) J his aflertion may perhaps appear to many very much exaggerated : but if aYiy fhould 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 Englifti verb can be made to affume, varying each of thefe in every way that it will admit, both as to the diverAty of expreflion and the emphaAs j he will foon be convinced that we have here laid nothing more than enough. LAN [ 527 ] LAN Language, admit of j and even the founds of thefe few claffes are God the love of. »And as thefe oblique cafes, as the Language, ‘ v ^ not fo much diverfified as they might have been, as Latins called them except the accufative, are clearly' v—' many of the different cafes in the different declenjions diftinguifhed from one another, and from the nomina- have exactly the fame founds, as we (hall have occafion tive, by the prepofition which accompanies them, we to remark more fully hereafter. We might here pro- are not confined to any particular arrangement with re¬ duce examples to {how the great Jimilarity of founds gard to thefe as with the accufative, but may place between different nouns in the Latin language, and va- them in what order we pleafe, as in Milton’s elegant rietij in the Englifh, in the fame way as we did of the invnnatinn ar rW J-iprnnninrr nf PararUTt. T • but as every reader in the leaft 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 Englifh, we think it unneceffary to dwell longer on this particular. But if the inflexion of nouns vis a difadvantage to a language in point of diverfity of founds, it is very 2a much the reverfe with regard to the variety it allows I Inferior in the arranging the words of the phrafe. Here, in- with re- deed, the tranfpofitive language fliines forth in all its gard to the glory> and the analogous muff yield the palm with- ment of out t^ie faialleft difpute. For as the nominative cafe words in a (or that noun which is the caufe of the energy ex- fentence; prefled by the verb) is different from the accufative (or but that noun upon which the energy exprefled by the verb is exerted), thefe may be placed in any fituation that the wriler fhall think proper, without occafioning the fmalleft confufion : whereas in the analogous languages, as thefe two different ftates of the noun are expreffed by the fame word, they cannot be diftinguifhed but by their pofition alone : fo that the noun which is the ef¬ ficient caufe muft always precede the verb, and that which is the paflive fubjedt muft follow ; which great¬ ly cramps the harmonious flow of compofition.—Thus the Latins, without the fmalleft perplexity in the mean¬ ing, could fay either Brutum amavit Cafjius, or CaJJius amavit Brutum, or Brutum CaJJius amavit, or Caff us Brutum amavit. As the termination of the word Caf- Jius always points out that it is in the nominative cafe, and therefore that he is the perfon from whom the en¬ ergy proceeds *, and in the fame manner, as the termi¬ nation of the word Brutum points out that it is in the accufative cafe, and confequently that he is the objeft upon whom the energy is exerted j the meaning con¬ tinues ftill diftindt and clear, notwithftanding of all thefe feveral variations : whereas in the Englifh lan¬ guage, we could only fay, Caff us loved Brutus, or, by a more forced phrafeology, Caff us 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 inftead of being the perfon be¬ loved, as before, Brutus now becomes the perfon from whom the energy proceeds, and Caffus becomes the object beloved.—In this refpedt, therefore, the analo¬ gous languages are greatly inferior to the tranfpofitive $ and indeed it is from this Angle circumftance 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 diftinguifh 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 Amor Dei; in Englifti the fame phrafe may be rendered, either, the love of God '—of God the love,—or, by a more forced arrangement, invocation at the beginning of Paradife Loft : Of man’s firft difobedience, and the fruit Of that forbidden tree, whofe mortal tafte Brought death into the world, and all our woe, With lofs of Eden, till one greater Man Reftore us, and regain the blifsfui feat, Sing, heavenly Mufe. In this fentence the tranfpofition is almoft as great as the Latin language would admit of, and the meaning as diftinft as if Milton had begun with the plain lan¬ guage of profe, thus,—Heavenly mufe, fing of man’s firft difobedience,” &c. Before we leave this head, we may remark, that the little attention which feems 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, who had more occafion to attend to this with care than any other nation, and even the Greeks themfelves, have in many cafes overlooked it, as is evident from the various inftances we meet with in their languages where this is not diftinguilhed. For all nouns of the neuter gender both in Greek and Latin have in every declenfion their nominative and accufa¬ tive fingular alike. Nor in the plural of fuch nouns is there any diftin£Hon between thefe two cafes j 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 refpedl from almoft 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 refpefts, 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 objeft. ^ It remains that we confider, whether the inflexion greatly fu- of nouns gives any advantage over the method of defi-Perior as ning them by prepofitions, in point of diftindtnefs precifion of meaning ? But in this refpe£t, too, the ana-jntr- logons languages muft come off victorious. Indeed this 41 is the particular in which their greateft excellence con- fifts ; nor was it, we believe, ever difputed, but that, in point of accuracy and precifion, this method muft ex¬ cel all others, however it may be defective in other re- fpeCts. We obferved under this head, when fpeaking of verbs, that it might perhaps be pofiible to form a lan¬ guage by inflection which ftiould be capable of as great accuracy as in the more Ample order of auxiliaries : but this would have been fuch an infinite labour, that it was not to be expeCted that ever human powers would have been able to accomplifti it. More eafy would it have been to have formed the feveral inflections of the nouns fo different from one another, as to have render¬ ed it impoflible ever to miftake the meaning. Yet even this has not been attempted. And as we find that thofe languages LAN [52 Language, languages which have adopted the method of infle&ing their verbs are more imperfect in point of preciiion than the other, fo the fame may be laid of indexing the nouns : for, not to mention the energy which the analogous languages acquire by putting the accent upon the noun, or its prepofition (when in an oblique cafe), according as the fubjeil may require, to exprefs which variation of meaning no particular Variety of words have been invented in any indexed language, they are not even complete in other relpefts. The La¬ tin, in particular, is in many cafes defective, the fame termination being employed in many in dances for dif¬ ferent cafes of the fame noun. Thus the genitive and dative lingular, and nominative and vocative plural, of the firft declenlion, are all exactly alike, and can on¬ ly be didinguidied from one another by the formation of the fentence ;—as are alfo the nominative, voca¬ tive, and ablative lingular, and the dative and ablative plural. In the fecond, the genitive lingular, and no¬ minative and vocative plural, are the fame , as are al¬ fo the dative and ablative lingular, and dative and ab¬ lative plural ; except thole in UM, whofe nominative, accufative, and vocative lingular, and nominative, accu- fative, and vocative plural, are alike. The other three declenlions agree in as many of their cafes as thefe do; which evidently tends to perplex the meaning, unlefs the hearer is particularly attentive to and well acquaint¬ ed with the particular conflru&ion "of the other parts of the fentence ; all of which is totally removed, and the cleareft certainty exhibited at once, by the help of prepofitions in the analogous languages. It will hardly be neceffary to enter into fuch a mi¬ nute examination of the advantages or difadvantages attending the variation of adjeBives; as it will ap¬ pear evident, from what has been already faid, that the endowing them with terminations fimilar to, and eorrefponding with, fubjlantives, muft tend Hill more to inereafe the fimilarity 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 tranfpofitive languages, of feparating the ad- jeflive from the fubllantive, this muft have occafioned fuch a jingle of fimilar founds as could not fail to have been moft difgufting to the ear : but as it would have been impoflible in many cafes, in thofe languages where the verbs and nouns are infle&ed, to have pronounced the words which ought to have followed each other, unlefs their adje&ives could have been feparated from the fubftantives ; therefore, to remedy this inconveni¬ ence, they were forced to devife this unnatural method of infle&ing them alfo; by which means it is eafy to recognife to what fubftantive any adje&ive has a re¬ ference, in whatever part of the fentence it may be r ,ed. In thefe languages, therefore, this influftion, toth as to gender, number, and cafe, becomes abso¬ lutely neceflary ; and, by the diverfity which it admit¬ ted in the arranging the words of the feveral phrafes, might counterbalance the jingle of fimilar founds which it introduced into the language. Having thus examined the moft ftriking particu¬ lars in which the tranfpofitive and analogous lan¬ guages differ, and endeavoured to (how the general ten¬ dency of ev ry one of the particulars Separately, it would, not be fair to difmifs the fubjeeft without con- fidering each of thefa as a whole, and pointing out 8 ] L A N 54 - TSefe two diffV ent idioms of language .compared as to their general ef¬ fects. their general tendency in that lightfor we all know, Language, that it often happens in human inventions, that every W*"-' part which compofes a whole, taken feparately, may appear extremely fine; and yet, when all thefe parts are put together, they may not agree, but produce a jarring and confulion very different from what we might have expedded. We therefore imagine a few remarks upon the genius of each of thefe two cliftindl idioms of language conftdered as a whole will not be deemed ufelefsi Although all languages agree in this refpedl, that The tfanf- they are the means of conveying the ideas of one man pofitive idi. to another; yet as there is an infinite variety of ways«mfittelt in which we might wifh to convey thefe ideas, feme- lor loI^n* times by the eafy and familiar mode of converfation,^™.1^*' and at other times by more Solemn addreffes 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 thefe than the other, while another language may excel in the oppo¬ site particular. This is exactly the cafe in the t\v® general idioms of which we now treat. Every par¬ ticular in a tranjpojitive language, is peculiarly calcu¬ lated for that Solemn dignity which is neceffary for pompous orations. Long founding words, forme d by the mftedhon of the different parts of Speech,—flowing periods, in which the attention is kept avake by the harmony of the founds, and in expectation of that word which is to unravel the whole,—if compofed by a fkilful artift, are admirably fuited to that Solemn dig¬ nity and awful grace which conftitute the offence of a public harangue. On the contrary, in private conver- 2<* „ fation, where the mind wiihes to unbend itfelf with ^ eafe, thefe become fo many clogs which encumber private and perplex. At thefe moments we wifh to transfufe'onverfa- our thoughts with eafe and facility—we are tired with ncm am^ . every unnecelTary fyllable—and with to be freed from ^ the trouble of attention as much as may be. Like our ° ftate 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 fentiment can be exprefled in the ana¬ logous language is the thing that we with to acquire. Accordingly, in Terence and Plautus, where the beau¬ ties of dialogue are moft charmingly displayed, tranf- pofition is Sparingly uSed. In this humble, though moft engaging Sphere, the analogous language moves unrivalled; in this it wifties to indulge, and never tires. But it in vain attempts to rival the tranjpojitive in dig¬ nity and pomp: The number of monofyllables inter¬ rupts the flow of harmony ; and although they may give a greater variety of founds, yet they do not natu¬ rally poffefs that dignified gravity which fuits the other language. This, then, muft be confidered as the ftrik¬ ing particular in the genius of thefe two different IDIOMS, which marks their characters. If we confider the effeCts which thefe two differ¬ ent characters of language muft naturally produce tipon the people who employ them, we will foen per¬ ceive, that the genius of the analogous language is much more favourable for the moft engaging purpofes bf life, the civilizing the hutnan mind by mutual in- tercourfe of thought, than the tratifpofitive. For as it is chiefly by the ufe of fpeech that man is raifed above the LAN [ 529 ] LAN kftiiguage. the brute creation :—as it is by this means he improves 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 whom he may converfe, as well as the knowledge which the hu¬ man race have acquired by the accumulated experience of all preceding ages ;—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 j—we muft furely confider that lan¬ guage as the moft beneficial to fociety, which moft ef- fe&ually removes thofe bars that obftruft 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 tranfpojitive languages, fo many rules are neceffary to be attended to, and fo much variation is produced in the meaning, by the {lighted variations in the found, that it requires a dudy far above the reach of the illiterate mechanic ever to attain. So that, how perfect foever the language may be when fpoken with purity, the bulk of the na¬ tion mud 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 highed rank, received as much honour, and was as much didinguidied a- mong his equals, for being able to converfe with eafe, as a modem author would be for writing in an eafy and elegant dyle} and Ccefar among his contempo¬ raries was as much edeemed for his fuperiority in fpeak- ing thq language in ordinary converfation with eafe and elegance, as for his powers of oratory, his {kill in arms, or his excellence in literary compofition. It is needlefs to point out the many inconveniences which this mulj unavoidably produce in a date. It is fufficient to obferve, that it naturally tends to introduce a vad didiniRion between the different orders of men j to fet an impenetrable barrier between thofe born in a high and thofe born in a low dation 5 to keep the latter in ignorance and barbarity, while it elevates the former to fuch a height as mud fubjeft the other to be eafily led by every popular demagogue.—How far the hido- 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 mod didinguidied IDIOMS which have prevailed} we (hall clofe thefe remarks with a few obfervations upon the particular nature and genius of thofe languages which *7 are now chiedy fpoken or dudied in Europe. Obferva- Of all the nations whofe memory hidory has tranf- ihoF °,n mitted to us, none have been fo eminently didinguilhed guages*11* ^or t^e*r lderary accomplilhments, as well as acquaint- which are ance vydh the polite arts, as the Greeks : nor are we now chiefly as yet acquainted with a language poffeffed of fo many fpoken or advantages, with fo few defedts, as that which they ftudied in an^ which continues dill to be known by their roi>e‘ name.—The necefiary connexion between the progrefs «f knowledge and the improvement of language, has Vol. XI. Part II. been already explained 5 fo that it will not be fur- Language, prifing to find their progrefs in the one keep pace J with that of the other : but it will be of utility to point out fome advantages which that didinguidied people poffeffed, which other nations, perhaps not lefs didinguidied for talents or tade, have not enjoyed, which have contributed to render their language the mod univerfally admired in ancient as well as in mo¬ dern times. _ 28 It has been already obferved, that the original inhabi-The great tants of Greece who were grofs favages, and whofe lan- ow- tribe. From the ead it is well known that arts and nig to what fciences were fpread over the red of the world, and thateaufes. Egypt was one of the countries fird civilized. The language, therefore, imported into Greece by the Pe¬ lafgi would be pure from the fountain head, and much more perfeft in its dru&ure than if it had been tranf- mitted through many nations. But this was not the only circumdance highly fortunate for the Greek lan¬ guage. Before it had time to be fully edabliflied a- mong the people, its afperities, which it had in com¬ mon with the other dialers of the ead, were poliflied away by fuch a fuccefljon 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 tade its full influence. In this refpedf, no people were ever fo eminently didin¬ guidied as the ancient Greeks, who had their Orpheus, their Linus, their Cecrops, and their Cadmus, who in¬ troduced their different improvements at a time when the nation had no dandard of tade formed by itfelf. Hence the original founds of the Greek language are the mod harmonious, and the mod agreeable to the ear, of any that have hitherto been invente* . They are indeed agreeable to every perfon who hears them, even when the meaning of the word is not underdood 5 whereas almod all other languages, till they arc under¬ dood, appear, to an ear which has not been accudomed to them, jarring and difeordant. rI his is the funda¬ mental excellence of that judly admired language : nor have the people failed to improve this to the utmod of their power, by many aids of their own invention. The Greek language is of the tranfpojitive kind : but a people fo lively, fo acute, and fo loquacious, could ill bear the ceremonious redraint to which that mode of language naturally fubje£ted them : and have there¬ fore, by various methods, freed it in a great meafure from the diffnefs which that produced. In inflecting their nouns and verbs, they fometimes prefix a lyliable, and fometimes add one ■, which, befides the variety that it gives to the founds of the language, adds greatly to the didinCtnefs, 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 ef the people fo far prevailed over the idiom of the language, as to ren¬ der it, in the age of its greated perfection, capable of almod as much eafe, and requiring almod as little tranf- pofition of words, as thofe languages which have been called analogous. But as thofe nations who fpoke this language were all governed by popular affemblies, and as no authority could be obtained among them but by a {kill in rhetoric and the powers of perfuafion } it 3 X became LAN [ 530 ] LAN language, became neceflary for every one, who wifhed to acquire power or conlideration in the ftate, to improve him- felf in the knowledge of that language, in the ufe of which alone he could expert honours or reputation. Hence it happened, that while the vivacity of the people rendered it eafy, the great men ftudioufly im¬ proved every excellence that it could reap from its powers as a tran/pq/ttivelanguage’, fo that, when brought to its utmoft perfeftion by the amazing genius of the great Demofthenes, it attained a power altogether un¬ known to any other language.—Thus happily cir- camftanced, the Greek language arrived at that envied pre-eminence which it Hill juttly retains. From the progrefs of arts and fciences j from the gaiety and in¬ ventive genius of the people j from the number of free ftates into which Greece was divided, each of which invented words of its own, 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 ftrongeft degree the talents of the people j 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 which, 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 irrefiftible force and overwhelming impetuofity of Demoflhenes 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 which he wrote, than the more humble [trains of Theocritus, or the laughing feftivity of Anacreon : Equally adapted to all purpofes, when we perufe any of thefe authors, we would imagine the language was moft happily adapted for his particular ityle alone. The fame powers it likewife, in a great meafure, pofiefled for converfation ; and the dialogue feems not more natural for the dignity of Sophocles or Euripides, than for the more eafy tendernefs of Menander, or buffoonery of Ariftophanes.—With all thefe advantages, however, it muff be acknowledged, that it did not poffefs that unexceptionable clearnefs of meaning which fome analogous languages enjoy, or that chara&eriflic force which the emphafls properly Varied has power to give, were not thefe defeats coun¬ terbalanced by other caufes which we lhall 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, beftowed 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 ftrong and nervous, but, like their ideas, was limited and confined. More difpofed to command refpeft by the power of their arms, than by the force of perfuafion, they defpifed the more effeminate powers of fpeech : 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 j when riches flowed v~** in upon them by the multiplicity of their conquefts j —luxury began to prevail, the ftern aufterity of their manners to relax, and felfifh ambition to take place of that difinterelted 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 enfured them fuccefs with the virtuous fe- nate, amuled the mob with artful and feditious ha¬ rangues j and by making them believe that they were poffeffed of all power, 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 firit 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 accomplifti their ends j while the more virtuous w’ere obliged to acquire a [kill in this, that they might be able to repel the attacks of their adverfaries.—Thus it happened, that in a Ihort time that people from having entire¬ ly neglected, began to ftudy their language with the greateft affiduity ; and as Greece happened to be fub- jeded to the Roman yoke about that time, and a friendly intercourfe was eftabliihed between thefe two countries, this greatly confpired to neurifh in the minds of the Romans a taffe for that art of which they had lately become fo much enanaoured. Greece had long before this period been corrupted by luxury j their tafte for the fine arts had degenerated into unneceffary refinement j 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 ftrould 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 lituation they became the JubjeBsy 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 were with the powers of their own language, they let themfelves with unwearied afliduity to polilh and improve that of their new' mafters : but with all their afliduity and pains, they never were able to make it arrive at that perfe&ion which their own language had acquired j and in the Auguftan age, when it had arrived at the fummit of its glory, Cicero bitterly com¬ plains of its want 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, theyried t0 the followed the genius of the language in this particular,dfe“ and in a great meafure negle&ed thofe leffer delicacies which form the pleafure of domeftic enjoyment j fo that, while k acquired more copioufnefs, more har¬ mony, and precifion, it remained ftiff and inflexible for converfation : nor could the minute diftin&ion 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 unpolilhed even to the end of the monarchy. The Huns LAN [ 53i 1 LAN Language. Huns who overran Italy, incapable of acquiring any knowledge of fuch a difficult and abftruie language, never adopted it j 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 dill retained many of thofe words which the confined na¬ ture of the barbarian language made neceffary to al¬ low them to exprefs their ideas.—And thus it was that the language of Rome, that proud millrefs of the world, from an original defe53 Language, they found themfelves at a lofs for a word, they would naturally adopt thofe which moft readily prefented themfelves from their new fubjefts. Thus a language in time was formed, fomewhat refembling the Latin both in the general tenor of the founds and in the mean¬ ing of many words : and as the barbarians gave them¬ felves little trouble about language, and in fome cafes perhaps hardly knew the general analogy of their own language, it is not furprifing if their new fubjedls lliould find themfelves fometimes at a lofs on that account; or if, in thefe iituations, they followed, on fome occafions, the analogy fuggefted to them by their own : which accounts for the ftrange degree of mixture of heteroge¬ neous grammatical analogy we meet with in the Italian as well as Spanith and French languages. The idiom of all 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 fpeech followed the plain fimple idea which that fuppofes, the verbs and nouns were all pro¬ bably varied by auxiliaries, and their r jedlives retained their fimple unalterable ftate :—but by their mixture with the Latins, this fimple form has been in many cafes altered : their verbs become in fome cafes infledl- ed ; but their nouns in all thefe languages Hill retained their original form •, although they have varied their fe&s'of6 ^e"aclje<^vesJ and foolifiily clogged their nouns with gen- both its der> according to the Latin idioms. From this hetero¬ geneous and fortuitous (as we may fay, becaufe injudi¬ cious) mixture of parts, refults a language pofleffing al- moft all the defedls of each of the languages of which it is compofed, with few of the excellencies of either : for it has neither the eafe and precifion of the analogous, nor the pomp and boldnefs of the tranfpojitive, lan¬ guages $ 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 Spanilh as to the Italian language. With regard to this laft, in particular, we may obferve, that as the natural inhabitants of Italy, before the laft in- vafion of the barbarians, were funk and enervated by luxury, and by that depreffion of mind and genius which anarchy always produces, they had become fond of feafting and entertainments, and the enjoyment of fenfual pleafures conftituted their higheft delight j and their language partook of the fame debility as their body.—The barbarians too, unaccuftomed to the fe- du£lions of pleafure, foon fell from their original bold¬ nefs and intrepidity, and, like Hannibal’s troops of ©Id, 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£ts $ all confpired to enervate their minds, and render them foft and effeminate. No wonder then, if a lan- * guage new moulded at this juncture fhould partake of the genius of the people who formed it *, and inftead ©f participating of the martial boldnefs and ferocity of either of thfeir anceftors, ftiould be foftened and en¬ feebled by every device which an effeminate people eould invent.—The ftrong confonants which termi¬ nated "the words, and gave them life and boldnefs, be. 2 ] 'LA N ing thought too harfh for the ‘delicate ears of thefe Language. Tons of floth, were banifhed their language j while fo- ^w norous vowels, which could be protrafted to any length in mufic, were fubftituted in their ftead.—Thus the 34 Italian language is formed flowing and harmonious, but deftitute of thofe nerves which conftitute the flo^iLg and ftrength and vigour of a language : at the fame time,harmoni- the founds are neither enough diverfified, nor in them-ous’ is t0® felves of fueh an agreeable tone, as to afford great f?rf, pleafure without the aid of mufical notes) and thejpeciefof ffnall pleafure which this affords is ftill leffened by thecompofi- little variety of meafure which the great fimilarity oftio*. 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 we have excellent hiftorians, and more than ordinary poets, in Italian, yet they labour under great inconveniences from the language wanting nerves and ftatelinefs for the former, and fufficient 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 two men, whofe genius, if net fettered by the language, might have been crowned with fuccefs j yet thefe, notwithftanding the fame that with fome they may- have acquired, muft, in point of poetic harmony, be deemed defective 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 perfeft poem of great length j and the ftanza to which their poets have ever confined themfelves, muft always produce the moft difagreeable effeft in a poem where un- reftrained pomp and pathos are neceffary qualifications. The only fpecies of poetry in which 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 fcenes of the Paftor Fido of Guarini have juftly gained to that poem an univerfal applaufe j 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 fpepies of poetry with the fevereft fliackles of rhime, have in this fpecies (bowed an ex¬ ample of the moft unreftrained freedom ) the happy effefts of which ought to have taught all Europe the powerful charms attending it: yet with amazement we perceive, that fcarce an attempt to imitate them has been made by any poet in Europe except by Milton in his Lycidas; no dramatic poet, even in Britain, having ever adopted the unreftrained harmony of numbers to be met with in this and many other of their beft dra¬ matic compofitions. Of all the languages which fprung up from the mix-The excel- ture of the Latins with the northern people on the!ency °^. deftruftion of the Roman empire, none approach f0^e Spanifh near to the genius of the Latin as the Spanifli does.— 6 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 LAN [ 53 tankage.' of as mucli dignity as the Latin. For converfation, it V—' is the moft elegant and courteous language in Eu- * rope. The humane and generous order of chivalry was firft invented, and kept its footing longed, in this nation j and although it ran at lad into fuch a ridiculous ex- cefs as defervedly made it fall into univerfal difrepute, yet it left fuch a drong tin&ure of romantic heroiftn upon the minds of all ranks of people, as made them jealous of their glory, and ftrongly emulous of culti¬ vating that heroic politenefs, which they confidered J as the highed perfection they could attain. Every man difdained to flatter, or to yield up any point of honour which he poffelTed ■, at the fame time, he ri- goroufly exaCted from others all that was his due.—> Thefe eircumftances have given riie to a great many terms of refpeCt and courteous condefcenfion, without meannefs or flattery, which gave their dialogue a re- fpeCtful politenefs and elegance unknown to any other European language. This is the reafon why the cha¬ racters fo finely drawn by Cervantes in Don Quixote are ftill unknown to all but thofe who underhand the language in which he wrote. Nothing can be more unlike the gentle meeknefs and humane heroifm of the knight, or the native fimplicity, warmth of afifeCtion, and refpeCtful loquacity of the fquire, than the incon- fiftent follies of the one, or the impertinent forWard- nefs and difrefpeCtful petulance of the other, as they are exhibited in every Englilh tranflation. Nor is it, as we imagine, poffible 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 neceflary 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 ftrains of epic poetry ; yet as the poets of this nation have all along imitated the Italians by a moft fervile fubjeCtion to rhime, they never have produced one poem of this fort, which in point of poefy or ftyle de- ferves to be tranfmitted to pofterity. 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 j fince they became enervated by an overbearing pride, and their minds enflaved by fuperftition, all the polite arts have been negleCled : lo that, while other Euro¬ pean nations have been advancing in knowledge, and improving their language, they have remained in a ftate of torpid inaClivity •, and their language has not ar- ‘ rived at that perfection which its nature would admit, or the acute genius of the people might have made us g naturally expeCt. The French It will perhaps by fome be thought an unpardon- language ‘ able infult, if we do not allow the French the prefer- deficient in ence Qf a]\ modern languages in many refpeCts. But dignity and fat mu^ we p3y a deference to truth, as to be obli- energyjbutj^cl 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, 3 ] LAN although it wants energy, ftill pofleffes diftin&nefs of Languagc- articulation. But the trench is almoft incapable of either of thefe beauties j 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 necef- farily to produce an indiftinCltiefs 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 ftead j fo that this pooreft of all contrivances which has ever yet been invented to diftinguifti poetry from profe, admitted into all the modern languages when ignorance prevailed over Europe, has ftill kept fome footing in the greateft part of thefe, rather through a ' deference for eftabliftied cuftoms than from any necef- fity. Yet as the French language admits of fo little poetic modulation, rhime is in fome meafure necejfary to it j 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 negle&ed to improve, fo much as they might have done, the fmall powers for harmony of which their language is poffeffed j and by being long accuftomed to this falfe tafte, 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 a£tor finds more difficulty in deftroying the appearance of that meafure, and pre¬ venting the clinking of the rhimes, than in all the red of' his talk.— After this, we will not be furprifed to find Voltaire attempt an epic poem in this fpecies of poetry ; although the more judicious Fenelon in his Telemayue 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 Defhouliers, in her Idyllic, has fhown 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 ; 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 ineffe&ual efforts even of the harmonious Rouffeau, in his tranflation of the Pfalms of David, of this ftamp, 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 fkilful hand, it might acquire fo much force, as to tranfmit to futurity hiftorical fa&s in a ftyle not altogether unworthy of the fubjeft.. In attempts of pathetic declamation, the fuperior abi¬ lities of the compofer may perhaps on forae cccafions excite a great idea j but this is ever cramped by the genius of the language : and although no nation in Europe can boaft of fo many orations where this gran¬ deur is attempted ; yet perhaps there are few who can¬ not produce more perfeft, although not more laboured, cbmpofitions of this kind. But notwithftanding the French language labours under all thefe inconveniences ; although it can neither equal the dignity or genuine politenefs of the Spanilh, the nervous boldnefs of the Englilh, nor the melting foftnefs of the Italian j although it is deftitute of poetic Language. admirably fitted for light con- verfation. 38 The excel¬ lencies and defedVs of the Englifli tongue. LAN [ 534 ] LAN poetic harmony, and fo much cramped in found as to be abiolutely 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, and render it the language moft generally efteemed, and moft univerfally fpoken of any in Europe j for this people, naturally gay and loquacious, and fond to excefs of thofe fuperficial aceomplithments which en¬ gage the attention of the fair fex, has invented fueh an infinity of words capable of expreffing vague and unmeaning compliment, now dignified by the name of politenefs, that, in this ftrain, one who ufes the French can never be at a lofs ; and as it is eafy to converfe more, and really fay tefs, in this than in any other lan¬ guage, a man of very moderate talents may diftinguifti 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 converlation which muft ever take place in thole general and pro- mifcuous companies, where many perfons of both fexes are met together for the purpoies of relaxation or amufement \ and muft of courfe be naturally admitted into the courts of princes, and affemblies of great per- fonages, who, having fewer equals with whom they can aflbeiate, are more under the neceffity of converfing with ftrangers, in whofe company the tender ftimulus of triendlhip does not fo naturally expand the heart to mutual truft or unreftrained confidence. In thefe cir- cumftances, as the heart remaineth difengaged, conver- fation muft neceffarily flag j and mankind in this fitua- tion will gladly adopt that language in which they can converfe moft eafily without being deeply intereft- ed. On thefe accounts the French now is, and pro¬ bably will continue to be, reckoned the moft polite language in Europe, and therefore the moft generally ftudied and known: nor ftiould we envy them this diftin&ion, if our countrymen would not weaken and enervate their own manly language, by adopting too many of their unmeaning phrafes. Ihe Englifli is perhaps poffeffed of a greater de¬ gree of excellence, blended with a greater number of defefts, than any of the languages we have hitherto mentioned. As the people of Great Britain are a bold, daring, and impetuous race of men, fubjeft to ftrong paffions, and from the abiolute freedom and independence which reigns amongft all ranks of people throughout this happy ifle, little folicitous about con¬ trolling thefe paffions j—our language takes its ftreng- Language, eft charafteriftical diftinftion from the genius of the v—~l people ; and, being bold, daring, and abrupt, is ad¬ mirably well adapted to exprefs thofe great emotions which fpring up in an intrepid mind at the profpeft of interefting events. Peculiarly happy too in the full and open founds of the vowels, which forms the cha- rafteriftic tone of the language, and in the ftrong ufe of the alpirate H in almoit all thofe words which are ufed as exclamations, or marks of ftrong emotions up¬ on interefting occaftons, that particular clafs of words called tnlerjtBions have, in our language, more of that fulnefs and unreftrained freedom of tones, in which their chief power confifts, and are puftied forth from the inmoft receffes of the foul in a more forcible and unreftrained manner, than in any other language what¬ ever. Hence it is more peculiarly adapted for the great and interefting fcenes of the drr.ma than any language that has yet appeared on the globe. Nor has any other nation ever arrived at that perfection which the Englilh may juftly claim in that refpeft ; for how'ever faulty our dramatic compofitions may be in fome of the critical niceties which relate to this art, —in nervous force of diCtion, and in the natural ex- preffion of thofe great emotions which conftitute its foul and energy, we claim, without difpute, an un¬ rivalled fuperiority. Our language too, from the great intercourfe that we have had with almoft all the nations of the globe by means of our extenfive com¬ merce, and from the eminent degree of perfection which we have attained in all the arts and fciences, has acquired a copioufneft; beyond what any other modern language can lay claim to j and even the moft partial favourers of the Greek language are forced to acknowr- ledge, that in this refpeCt, it muft give place to the Englifli. Nor is it lefs happy in that facility of con- ItruCHon which renders it mere 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 poffefles more of the chat afteriftic advantages attending it, than any other language that now exifts : for, while others, perhaps by their more intimate connexion with the Romans, have adopted fome 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 the level of ordinary comprehenfion, he has on this and many other occafions been unjuftly accufed of being fond of paradoxes.—But as mufic never produces its full effeft but when the tones it aflumes are in unifon with the idea that the words naturally excite, it of neceffity follows, that if the words of any languge do not admit of that fulnefs of found, or that fpecies of tones, which the paffion or afieftion that may be defcribed by the words would naturally require to excite the fame idea in the mind of one w ho was unacquainted with the language, it wftll be imploffible for the mufic to produce its full effeft, as it will be cramped and confined by the found of the words 5—and as the french language does not admit of thofe full and open founds which are neceflary for pathe¬ tic expreffion in mufic, it muft of courfe be unfit for mufical coropofition.—It is true indeed, that in modern times, in which fo little attention is beftowed on the Ample and fublime charms of pathetic expreffion, and a fantaftical t ngling of unmeaning founds is called tnujic—where the fenfe of the w’ords is loft in fugues, quavers, and unneceffary repetition of particular fyllables,—all languages are nearly fitted for it 5 and among thefe the French: nor is it lefs to be doubted, that, in the eafy gaiety of a long, this language can properly enough admit of all the muficai expreflion which that fpecies of compofttion may require. LAN r 535 1 LAN Language, verbs are all varied by auxiliaries (except in the in- fiance we have already given, which is fo much in our favour) ; our nouns remain free from the perplexing embarraflment of genders, and our pronouns mark this diftin&ion where neceffary with the moft perfect ac¬ curacy } our articles alfo are of courfe freed from this unnatural encumbrance, and our adjeRi-ves preferve their natural freedom and independence. From thefe caules our language follows an order of conftnnffion fo natural and eafy, and the rules offyntax 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 diftin&nefs of meaning with which this mode of conftru&ion is neceffarily accompanied, it is much better adapted for the familiar intercourfe of private fociety, and liable to fewer errors in ufing 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 fpeak their language with fo much accuracy, or have their minds fo much en¬ lightened by knowledge, as in Great Britain. — What then lhall we fay of the difcernment of thole grammarians, who are every day echoing back to one another complaints of the poverty of our language on account of the feV 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, Ihould poffefs the whole powers of a com¬ plex machine, which had required 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 powers of the ingenious artift, as com¬ plain of this charafleriflic excellence of our language as a defefl. But if wre thus enjoy in an eminent degree the ad¬ vantages attending an analogous language, wre likewife feel in a confiderable meafure the defeats to w'hich it is expofed j as the number of monofyllables with which it always muft be embarrafled, notwithftanding the great improvements which have been made in our lan¬ guage finee the revival of letters in Europe, prevents in fome degree that fwelling fulnefs 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 correct thefe natural defedds of our language; 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 found being facrificed to that brevity fo defirable in converfation, as many elegant words have been curtailed, and harmonious fyl* lables fuppreffed, to fubftitute in their (lead others, fhorter indeed, but more barbarous and uncouth. Nay, fo little attention have our forefathers beftowed upon die harmony of founds in our language, that one would be tempted to think, on looking back to its primitive ftate, that they had on fome occafions ftudioufly de- bafed it. Our language, at its firft formation, feems to have laboured under a capital defe mete, Fulgen cm imperio fertilis Atricse Falht forte beatwr. Id. Cum fas atque nefas exiguo fne libidinutn Dilcernunt avidi Id, Ac fpem fronte lerenat. VlRG. The rule next in order is, That the language ought 3 Y t# Language.1' L A N [5 Language, to correfpond to the fubjeft : heroic a£lions or fenti- ' “ raents require elevated language ; tender fentiments ought to be expreffed in words-loft and flowing ", and plain language, void of ornament, is adapted to fubjefts grave and didaftic. Language may be confidered as the drefs of thought ", 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 imprefiion made by the thought, the fimilar emotions mix fweetly in the mind, and double the pleafure j but where the im- preflions made by the thought and the words are difli- 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 compofition. It is what follows. In a thought of any extent we commonly find fome parts intimately united, fome (lightly, fome disjoined, and fome direftly oppofite to each other. To find thefe conjunctions and disjunctions imitated in the expreflion, is a beauty 5 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 expreflion ought to be, the foul and body ; becaufe the article the, relative to both, makes a connexion in the expreflion, refembling in fome degree the connexion in the thought •, but when the foul is diftinguifhed 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 juflis,” &c. Livy,Y\\>. 38. § 25. Here the words that exprefs the connected ideas are artificially connected 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, fefli et corporibus et animis eflent,” &c. Ibid. § 29. 38 ] LA N ~-«-JThe fiend look’d up, and knew His mounted fcale aloft; nor more, but fled Murm’ring, and with him fled the (hades of night. Paradfe 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 dark- nefs ; and therefore to conned 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 expreffed by two members of the period governed by the fame verb ", in which cafe thefe members, in order to improve their connection, ought to be conltruCted in the fame man¬ ner. This beauty is fo common among good writers as to have been little attended to 5 but the negleCt of it is remarkably difagreeable : for example, “ He did not mention Leonora, nor that her father was dead.” Bet¬ ter thus : “ He did not mention Leonora, nor her fa¬ ther’s death.” Where two ideas are fo connected 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 (lie is either dreffed for a ball or a birth¬ day.” Sftebl. “ Had not my dog of a fteward run away as he did, without making up his accounts, I had (till been im- merfed in fin and fea-coal.” lb. My life’s companion, and my bofom friend, One faith, one fame, one fate (hall both attend. DryDEN, Tranfation of JEncid. Next, as to examples of disjunCHon and oppofition in the parts of the thought, imitated in the expreflion ; an imitation that is diftinguifhed by the name of anti- thefs. Speaking of Coriolanus foliciting the people to be made conful : With a proud heart he wore his humble weeds. Coriolanus. “ Had you rather Caefar were living, and die all (laves, than that Caefar were dead, to live all free men ?” Julius Ctefar. Port acer Mneftheus adduCto conftitit arcu, Alta petens, pariterque oculos telumque tetendit. JEneid, v. 507. But to juftify this artificial connexion among the words, the ideas they exprefs ought to be intimately connected 5 for otherwife that concordance which is required between the fenfe and the expreflion will be impaired. In that view, the following paffage from Tacitus is exceptionable j where words that fignify ideas very little conneded, are however forced into an artificial union. “ Germania omnis h Gallis, Rhsetiifque, et Pannoniis, Rheno et Danubio flumini- bus; a Sarmatis Dacifque, mutuo metu aut moutibus feparatur.” Upon the fame account, the following paffage feems equally exceptionable. He hath cool’d my friends and heated mine enemies. Shakespeare, An artificial connection among the words, is un¬ doubtedly a beauty when it reprefents any peculiar connection among the conftituent parts of the thought j but where there is no fuch connection, it is a pofitive deformity, becaufe it makes a difcordance between the thought and expreflion. For the fame reafon, we ought alfo to avoid every artificial oppofition of words where there is none in the thought. This laft, termed ver¬ bal antithefis, is ftudied 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 ccntraft in the thought, which upon examination is not Found there. A L AN [5 Language. A fault directly 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 j and yet w'riters are guilty of it in fome de¬ gree, when they conjoin by a copulative things tranf- adled 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 genera],, difcontent, and unwarily threw themfelves into the feale which began already too much to preponde¬ rate.” Hume. In periods of this kind, it appears more neat to exprefs the paft 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. unw’arily threw themfelves,” &c. It is unpleafant to find even a negative and affirma¬ tive propofition connecled by a copulative : If it appear not plain, and prove untrue, Deadly divorce flep between me and you. Shakespeare, In mirth and drollery it may have a good effeft to conneft 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 Undying uniformity between the thought and expreffion may be extended to the conftru&ion of fentences or periods. A fentence or period ought to exprefs one entire thought or mental propofition ; 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 in¬ to 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 owrn times, giving Lord Sunderland’s chara&er, fays : “ 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 file has been talking againft a great lord, whom (he had never feen in her life; and indeed never knewr a party-woman that kept her beauty for a twelvemonth.” Spea. Lord Bolingbroke, fpeaking of Strada : “ I fingle him out among the moderns, becaufe he had thefooliffi prefumption to cenfure Tacitus, and to write hiftory himfelf; and your lordfiiip will forgive this ffiort 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 (manliffetque utinam fortuna !) profe&us. JEneid in. 614. From conjunctions and disjunctions in general, we 39 1 LAN proceed to comparifons, which make one fpecies of Language. them, beginning with fimiles. And here alfo, the in- timate connection that words have with 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 refemblance. “ I have obferved of late, the ftyle of fome great minifters very much to exceed that of any other pro¬ ductions.” Szvift. 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 ofwhich 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 judgments muft at fome time or other have ftuck a little with your lord- flip.” Shaftefl, Better thus : u 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 lordjhipy “ A glutton or mere fenfualift is as ridiculous as th« other two charafters.” Id. “ They wifely prefer the generous efforts of good will and affettion, to the reluftant compliances of fuch as obey by force.” Bolingb. It is a ftill greater deviation from congruity, to af- feCt not only variety in the words, but alfo in the con^ ftruftion. Hume fpeaking of Shakefpeare: “ There may re¬ main a fufpicion that we overrate the grtatnefs of his genius, in the fame manner as bodies appear more gi¬ gantic on account of their being dil proportioned and miffiapen.” This is ftudying variety in a period where the beauty lies in uniformity. Better thus : “There may remain a fufpicion that we overrate the great- nefs of his genius, in the fame manner as we overrate the greatnefs of bodies that are difproportioned and miffiapen.” 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 objeCfs, there is equal reafon for ftudying oppofition in the words which exprefs con- trailed objeCls. This rule will be beft illuftrated by examples of deviations from it. “ A friend exaggerates a man’s virtues; an enemy inflames his crimes.” Spedt. Here the oppofition in the thought is negleCled in the words; wffiich at firft view feern 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 contraft or oppofition will be better marked by expreffing the thought as follows: “ A friend exaggerates a man’s virtues, an enemy his crimes.” “ The wdfe man is happy when he gains his own ap¬ probation ; the fool when he recommends himfelf to the applaufe of thofe about him.” Ib. 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 feene ought to be continued without variation : the changing from perfon to perfon, 3 Y 2 from LAN r. 54° ] LAN Language, from fubjeft to fubject, or from prrfon to fubjeft, within the bounds of a fingle period, diitradts the mind, and affords no time for a folid impftffion. Hook, in his Roman hiftory, fpeaking of Eumenes, who had been beat to the ground with a ftone, rays, “ After a fhort time he came to himfe.lf; and the next day ihev put him on board his fiiip, which conveyed him firit to Corinth, and thence to the ifland of ^Egina.” 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 expreflion includes two per- fons, one acquiring, and one inculcating ; and the fcene is changed without neceffhy. lo avoid this blemiflr, the thought may be exprefled thus: “ lhat fort of initruciion which is afiorded by inculcating,” &e. The bad effect of fuch a change of perfon is remark¬ able in the following palfage : “ The Britons, daily haraffed by cruel inroads from the Pidfs, were forced to call in the Saxons for their defence, who confl quent- ly reduced the greateft part of the iflarrd to thtir own power, drove the Britons into the moft remote and mountainous parts, and the reft of the country, m euf- toms, religion, and language, became wholly Saxon.” Swift. The following paffage has a change from fubject to perfon : “ This projUtution of praife is not only a deceit upon the grots of mankind, who take their notion of charadters from the learned j but alfo the better jort muft by this means lofe feme part at leafl of that uefire of fame which is the incentive to generous adtions, when they find it promifcuoufly beflowed on the meritorious and" undeferving.” Guardian, N° 4. The prefent head, which relates to the choice of ma¬ terials, (ball 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 fhitlds together, they were puthed, they fought, they flew, they were flain.” The reafon may be what follows. A continued found, if not loud, te nds to lay us afleep : an interrupted found rouies and animates by its repc ated impulfes : thus feet compofed of fyllables, being pro¬ nounced with a fenfible interval between each, make more lively impreflions than can be made by a continued found. A period of which the members are connedled by copulatives, produceth an effecl upon the mind ap¬ proaching to that of a continued found 5 and therefore the fupprefling copulatives muft animate a defcription. It produces a different effect akin to that mentioned : the members of a period connected by proper copula¬ tives, glide fmoothly and gently along j and are a proof of fedatenefs and lefture in the fpeaKer : on the other hand, one in the hurry of p flion, neglecting copula¬ tives and other particles, exprefles the principal image only *, and for that reafon, hurry or quick a&ion is belt exprefied without copulatives : Veni, vidi, vici. -Ite Lerte citi flammas, date vela, impellite remos. Mneid, iv. 593. Ouis globus, O cives, caligine volvitur atra ? Language. Ferte citi ferrum, date tela, fcandite muros. v^—^ Hoftis adeft, eja. JEneid, ix, 37. In this view Longinus juftly compares copulatives in a period to ftrait tying, which in a race obilrubts the free¬ dom of motion. It follows, that a plurality of copulatives in the fame period ought to be avoided j for if the laying afide co¬ pulatives give force and liveliuefs, a redundancy of them muft render the period languid. The following inftance may be appealed to, though there are but two copula¬ tives : “ Upon looking over the letters of my female correfpondents, 1 find feveral from w omen complaining of jealous hufbands j and at the fame time protefting their own-innocence, and defiring my advice upon this occafion.” Specl. Where the words are intended to exprefs the cold- nefs of the fpeaker, there indeed the redundancy of co¬ pulatives is a beauty : ‘ Dining one day at an alderman’s in the city, Peter ‘ obierved him expatiating after the manner of Kis bre- 4 thren in the praifes of his iuvloin of beef. “ Beef “ (laid the lage magiftrate) is- the king of meat : beef “ comprehends in it the quinteffence of partridge, and “ quail, and venifon, and pheal'ant, and plum pudding, “ and cuftard ” Tale of a Tub, § 4. And the au¬ thor {hows great delicacy of taile by varying the ex¬ preflion in the mouth of Peter, who is reprefented more animated : “ Bread (fays he), dear brothers, is the 44 ftaff of life 4 in which bread is contained, mcluftve, 44 the quinttfiVnce of beef, mutton, veal, venifon, par- 44 tridge, plum pudding, and cuftard ” Another cafe muft 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: 4 The army was compofed of Grecians, and Carians, and Lycians, and Pamphylians, and Phrygians.’ I he reafon is, that a leifurely fur- vey, which is expreffed by the copulatives, makes the parts appear more numerous than they w ould do by- a bafty 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 ofieach 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 connedled with thofe to which they relate, going before or after, according to the pecu¬ liar genius of the language. Again, a circumftance conne&ed by a prepofition, follows naturally the word with which it is connedled. But this arrangement may be varied, when a different order is more beautiful : a circumftance may be placed before the word with which it is connedled by a prepofition *, and may be interjedl- ed even between a relative word and that to which it relates. -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 will be neceffary to examine it more narrowly, and in particular to trace the feveral degrees in which an inverted ftyle recedes more and more from that which is natural. And firft, as ta the placing LAN r 5-41 Language, placing a circumftance before the word with which it is connected, 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,” &e. “ On Thurfday morning there was little or nothing tranfafted in Change-alley.” “ At St Bride’s church in Fleetftreet, Mr Woolfton (who wrote againft the miracles of our Saviour), in the titmofl: terrors of confcience, made a public recantation.” The interjecting a circumftance between a relative word and that to which it relates, is more properly termed inverfton; becaufe, by a disjunction of words intimately connected, it recedes farther from a natural flyle. But this licenfe has degrees ; for the disjunc¬ tion is more violent in fome cafes than in others. In nature, though a fubjeCt cannot exift without its qualities, nor a quality without a fubjeCt j yet in our conception of thefe, a material difference may be re¬ marked. We cannot conceive a quality but as belong¬ ing to fome fubjeCi : it makes indeed a part of the idea which is formed of the fubjeCt. But the oppofite holds not; for though we cannot form a conception of a fubjid void of all qualities, a partial conception may be formed of it, abftraCHng 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 horfe without regard to his fize. Such partial concep¬ tion of a fubjeCt is ftill more eafy 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 ; 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 occupies the firft place, the idea it fuggefts muft fubfift in the mind at leaft for a moment, independent of the rela¬ tive words afterward introduced 5 and that moment may without difficulty be prolonged by interceding a cir¬ cumftance between the fubftantive and its connexions. This liberty therefore, however frequent, will fcarce alone be fufficient to denominate a ftyle inverted. The cafe is very different, where the word that occupies the firft place denotes a quality or an adion ; for as thefe cannot be conceived without a fubjed, they cannot without greater violence be feparated from the fubjed that follows 5 and Tor that reafon, every fuch fepara- tion by means of an interjeded circumftance belongs to an inverted ftyle. To illuflrate this dodrine, examples are neceffary. In the following, the word firft; introduced does not im¬ ply a relation : Nor Eve to iterate Her former trefjiafs fear’d. — Hunger and thirft at once, Powerful perfuaders, quicken’d at the fcent Of that alluring fruit, urg’d me fo keen.— Moon that now meet’ft the orient fun, now fli’ft With the fix’d ftars, fix’d in their orb that flips, And ye five other wand’ring fires that move 3 ] LAN In myftic dance, not without fong, refound Language. His praife. ' Where the word firft introduced imports a relation, the disjundion 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 walks. * 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 vidory, to our part lofs and rout. 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 relinquiftied 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- jed being, perfpicuity, the rule above laid down, that perfpicuity ought not to be facrificed to any other beauty, holds equally in both. Ambiguities occafion- ed by a wrong arrangement are of two forts j the one where the arrangement leads to a wrong fenfe, and the other where the fenfe is lefs doubtful. The firft, being the more culpable, {hall take the lead, beginning with examples of words put in a wrong place. “ How much the imagination of fuch a prefence 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 wzere/y feems by itspofition to affed the pre¬ ceding word j whereas it is intended to affed the fol¬ lowing words, an ordinary prefence; and therefore the arrangement ought to be thus: “ How much the ima¬ gination of fuch a prefence mult exalt a genius, we may obferve from the influence which an ordinary pre¬ fence merely has over men.” [Or better], “ which even an ordinary prefence has over men.” “ Sixtus the Fourth was, if I miftake not, a great colledor of books at leaft.” Boling. The expreflion here leads evidently to a wrong fenfe j the adverb at leaf, ought not to be conneded with the fubftantive books, but with eolleBor, thus : “ Sixtus the Fourth was a great colledor at leaft, of books.” Speaking of Louis XIV. “ If he was not the great- eft king, he was the beft ador of majefty at leaft that ever filled a throne.” Id. Better thus : “ If he was not the greateft king, he was at leaft the beft ador of majefty,” &c. This arrangement removes the wrong fenfe occafioned by the juxtapofition of majefy and at leaf. The LAN [S42] L A N language. The following examples are of a wrong arrangement knight, feeing his habitation reduced to fo fmal! a Langusge, v members. ^ ^ compafs, and himfelf in a manner flmt out of his own “ I have confined myfelf to thofe methods for the houfe, upon the death of his mother, ordered ail the advancement of piety, which are in the power of a apartments to be flung open, and exorcifed by his prince limited like ours by a ftridl execution of the chaplain.” Speci. Better thus: “The knight, fee- laws.” Swift. ' The ftru&ure of this period leads to a ing his habitation reduced to fo fmall a compafs,* and meaning which is not the author’s, viz. power limited himfelf in a manner fhut out of his own houle oVder- by a ftri& execution of the laws. That wrong fenfe is ed, upon the death of his mother, all the apartments removed by the following arrangement: “ I have con- to be flung open. fined myfelf to thofe methods for the advancement of Speaking of feme indecencies in converfation : “ As piety, which, by a ftri£f execution of the laws, are in it is impoflible for fuch an irrational way of conver- the power of a prince limited like ours.” fation to lafl: long among a people that make any “ This morning, when one of Lady Lizard’s daugh- profeflion of religion, or {how of modefly, if the coun- ters was looking over fome hoods and ribbands brought try gentlemen get into it, they will certainly be left in by her tirewoman, with great care and diligence, I em- the lurch.” Ib. The ambiguity vaniflies in the fol- ployed no lefs in examining the box which contained lowing arrangement “ the country them.” Guardian. The wrong fenfe occafioned by gentlemen, if they get into it, will certainly be left in this arrangement, may be eafily prevented by varying the lurch.” 7 it thus : “ This morning, when, with great care and “ And fince it is neceffary that there fliould be a diligence,^ one of Lady Lizard’s daughters was look- perpetual intercourfe of buying and felling, and deal¬ ing over fome hoods and ribbands,” &c. ing upon credit, where fraud is permitted'or connived A great flone that I happened to find after a at, or hath no law to punifb it, the honeft dealer is long fearch by the fea flisre, ferved me for an anchor.” always undone, and the knave gets the advantage.” Swift. One would think that the fearch was confined Swift. Better thus : “ And fince it is neceflary that to the fea (bore; but as the meaning is, that the great there ftiould be a perpetual intercourfe of buying and ftone was found by the fea fiiore, the period ought to felling, and dealing upon credit, the honeft dealer, be arranged thus : “ A great ftone that, after a long where fraud is permitted or connived at, or hath no fearch, I happened to find by the fea fliore, ferved me law to punifli it, is always undone, and the knave gets for an anchor.” the advantage.” Next of a wrong arrangement where the fenfe is left From thefe examples, the following obfervation doubtful 5 beginning, as in the former fort, with ex- will occur : That a circumfonce ought never to be amples of a wrong arrangement of words in a mem- placed between two capital members of a period ; for her‘ b7 fuch fituation it muft always be doubtful, fo far as • Ihete forms of converfation by degrees multiplied we gather from the arrangement, to which of the two and grew troublefome.” SpeB. Here it is left doubt- members it belongs : where it is interjefted, as it ful whether the modification by degrees relates to ought to be, between parts of the member to which die preceding member or to what follows: it ftiould it belongs, the ambiguity is removed, and the capital be, Thefe forms of converfation multiplied by de- members are kept diftina, which is a great beauty in compofition.' In general, to preferve members diftina Nor does this falfe modefty expofe us o»/y to fuch that fignify things diftinguilhed in the thought, the aclions as are indifereet, but very often to fuch as are beft method is, to place firft in the confequent mem- highly criminal.” SpeB. The ambiguity is removed ber, fome word that cannot conned with what pre- by the following arrangement : “ Nor does this falfe cedes it. * 1 modefty expofe us to fuch adions only as are indif- If it ftiall be thought, that the objedions here are ' C‘ • r T. r • • to° fcruPulous, and that the defed of perfpicuity is i he empire of Blefufcu is an illand fituated to eafily fupplied by accurate punduation 5 the anfwer die north-eafi: fide of Lilliput, from whence it is is, That punduation may remove an ambiguity, but jiartea only by a channel of 800 yards wide.” Swift, will never produce that peculiar beauty which is per- ihe ambiguity may be removed thus: ceived when the fenfe comes out clearly and diftindly from whence it is parted by a channel of 800 yards by means of a happy arrangement. Such influence wme only.” . ^ has this beauty, that, by a natural tranfition of per- in the following examples the fenfe is left doubtful ception, it is communicated to the very found of the by wrong arrangement of members. . words, fo as in appearance to improve the mufic of 7 y5 nduifter who grows lefs by his elevation, like the period. But as this curious fubjed comes in more a little fatue placed on a mighty pedejlal, will always have properly elfewhere, it is fufficient at prefent to appeal ms jealoufy itrong about him.” Bohngb. Here, fo to experience, that a period, fo arranged as to bring tar as can be gathered from the arrangement, it is out the fenfe clear, feems always more mufical than doubtful, whether the objed introduced by way of finiile where the fenfe is left in any degiee doubtful, relates to what goes before or to what follows. The The next rule is, That words exprefling things amoigiuty is removed by the following arrangement : conneded in the thought, ought to be placed as near “ Hie mimiler who, like a little ftatue placed on a together as poflible. This rule is derived immediately mighty pedeftal, grows lefs by his elevation, will al- from human nature, prone in every inftance to place uays, &c. ... . _ together things in any manner conneded : where opeaKing of the fuperftitious pradice .of locking things are arranged according to their connexions, cp the room wnere a perfon of diftindion dies : “ The we have a lenfe of order ^ otherwife we have a fenfe 1 . LAN [ 543 ] LAN Language, of diforder, as of things placed by chance : and we w—naturally place words in the fame order in which we would place the things they lignify. The bad effefl of a violent feparation of words or members thus inti¬ mately connefted, 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.” SfieSi. Here the verb or affertion is, by a pre- ty long circumftance, violently feparated from the fub- jt'Ct to which it refers : this makes a harlh arrangement; the lefs excufable that the fault is eafily prevented by placing the circumllance 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 difpofed to many wild notions,” &c. “ From whence we may date likewife the rivallhip of the houfe of France, for we may reckon that of Va- ** lois and that of Bourbon as one upon this occalion, and the houfe of Auftria, 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, which was Savoy, I think } or, in Peru, un¬ der the incas, where Garcilaffo de la Vega fays it was lawful for none but the nobility to ftudy—for men of all degrees to inftruff themfelves in thofe affairs where¬ in they may be aftors, or judgers of thofe that aft, or controllers of thofe that judge.” Ibid. “ If Scipio, who was naturally given to women, for which anecdote we have, if I miltake 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. 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- mitted 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 inquifition, will be ever able to objefl; \ ivho, by the way, are the only enemies my predidlions have ever met with at home or abroad.” Better thus : “ and be a full defence againft all that can be objected by Mr Pa- tridge, or his accomplices of the Portugal inquifition j who, by the way, are,” &c. “ There being a round million of creatures in hu¬ man figure, throughout this kingdom, whofe whole fub- fiftence,” &c. Swift. Better : “ There being, through¬ out this kingdom, a round million of creatures in hu¬ man figure, whofe whole fubliftenee,” &c. The following rule depends on the communication of emotions to related objefls ; a principle in human Language, nature that hath an extenfive operation ; and we find this operation, even where the objefts are not other- wife related than by juxtapofition of the words that ex- prefs them. Hence, to elevate or deprefs an obje6l, 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. “ Caufam veniendi fibi Romam fuiffe, praeter cupJ- ditatem vifendi deos hominefque, quorum beneficio in ea fortuna effet, fupra quam ne optare quidem auderet, etiam ut coram moneret fenatum ut Perfei conatus obviam iret.” Livy. To 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 object, is done fuccefsfully by ranking it with one that is really low : “ I hope to have this entertainment in readinefs for the next winter ; and doubt not but it will pleafe more than the opera or puppet Ihow.” SpeB. “ Manifold have been the judgments w'hich Heaven from time to time, for the chaftifement of a finfui peo¬ ple, has inflifled upon whole nations. For when the degeneracy becomes common, it is but juft the punifti- ment flrould be general. Of this kind, in our own unfortunate country, was that deffruftive peftilence, whofe 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 ftables.” Ibid. “ But on condition it might pafs into a law, I wmuld gladly exempt both lawyers of all ages, fubaltern and field officers, young heirs, dancing mailers, pickpockets, and players.” Swift. Sooner let earth, air, fea, to chaos fall, Men, monkeys, lap dogs, parrots, periih all. Rcpe of the Loch. Circumftances in a period refemble fmall ftones in a building, employed to fill up vacuities among thofe of a larger fize. 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 10,000 parions, whofe revenues, added to thofe of my lords the biihops, would fufhce 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 •, becaufe circumftan¬ ces are proper for that coolnefs of mind, with which w e begin a period as w'dl as a volume : in the progrefs the mind warms, and has a greater reliih for matters of importance. When a circumftance is placed at the beginning of the period, or near the beginning, the tranfition from it to the principal fubjefl is agreeable : Langi L A N [ 544 1 LAN it is like afcending, or going upward. On the other hand, to place it late in the period has a bad efteft ; for after being engaged in the principal iubjedt, one is with reludtance brought down to g ve attention to a circumftance. Hence evidently the preference of the following arrangement, “ Whether in any country a choice altogether unexceptionable has been made, It ems 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 fubjedl upon which you command me to communicate my thoughts to you.” Boling. Which, with a flight alteration, may be improved thus : u I have formerly, with a good deal of attention, confidered the fubjeft,” &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, vcrhen they come forward into the great world; it is ever with reludtance and compunction of mind, becaufe their bias to virtue ftill 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¬ mine in what part of it a word makes the greateft figure, whether at the beginning, during the courfe, or at the clofe; The breaking filence roufes the at¬ tention, and prepares for a deep impreffion at the be¬ ginning : the beginning, however, mull: yield to the clofe ; which being fucceeded by a paufe, affords time for a word to make its deepeft 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 fliould not be thrown away upon acceffories, but referved for the principal objedf, in order that it may make a full impreffion : which is an additional reafon againfl: clofing a period without a circumftance. There are, however, periods that admit not fuch a ftrutture ; and in that cafe the capital word ought, if poflible, to be placed in the front, which next to the clofe is the moft advantageous for making an impref¬ fion. Hence, in directing our difcourfe to a man of figure, we ought to begin with his name *, and one will be fenfible of a degradation when this rule is neglefted, as it frequently is for the fake of verfe. We give the following examples. Integer vitae, fceleriffpie purus, Non eget Mauris jaculis, neque arcu, Nec venenatis gravida lagittis, Fufce, pharetra. Horat. Carm. lib. I. ode 22. Je crams Dieu, cher Abner, et n’ai point d’autre crainte. In thefe 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 founded, we need no other proof than Adiifon’s tianflation of the laft example. Q Abner ! I fear my God, and 1 fear none but him. Guardian, N° 117. O father, what intends thy hand, (lie cry’d, Againft thy only fim ? What fury, O fun, PoilVffes thee to bend that mortal dart Againft thy father’s head ? Paradfe Lofl, book ii. 1. 727. Every one muft 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 cenfure this paffage : on the contrary, it appears beautiful, by diftinguifhing the rcfptH 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 fetftion, upon the method of arranging words in a period, fo as to make the deepeft impreflion with re- fpect to found as well as fignification, is comprehend¬ ed in the following obfervation : That order of words in a period will always be the moft agreeable, where, without obfeuring the fenfe, the moft important images, the moft fonorous words, and the Jongeft members, bring up the rear. Hitherto of arranging Angle words, Angle mem¬ bers, and Angle circumftances. But the enumeration of many particulars in the lame period ia often necet- fary : and the queftion is, In what order they ftiould be placed ? And, firft, with refpeft to the enumera¬ 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 objects of the fame kind, diftering 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 fubjedts, beginning at the leaft, and proceeding to greater and greater, the mind fwells gradually with the fucceffive objedls, and in its progrefs has a very fenfible pleafure. Precifely for the fame reafon, words expreflive of fuch objedts ought to be placed in the fame order. The beauty of this figure, which may be termed a climax in fenfe, has efeaped Lord Bolingbioke in the firft member of the following period : “ Let but one, great, brave, difin- terefted, adfive 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, adlive, 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 frries, is undoubtedly the moft agreeable order 5 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 perfi.ns named according to their rank, the latter ought to be followed ; but every¬ one who regards himfelf only, or his reader, will choofe the former order. 3d'y, As the fenfe of or¬ der diredls 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 ac< eflbries, till we arrive at the minuteft the tame or¬ der ought to be followed in the enumeration of iuch particulars. When force and livelinefs of expreffion are demand¬ ed, the rule is, to fulbend the thought as long as pof- fible, LAN [ 545 ] LAN Language, fible, and to bring it out full and entire at the clofe, w-Y——' -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 j and it is agreeable to have our curiofity gratified at the clofe of the period : the pleafure we feel refembles that of feeing a ftroke exerted upon a body by the whole colle&ed force of the agent. On the other hand, where a period is fo conftrufted 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 : his difappoint- ment contributes alfo to that appearance when he finds, contrary to expectation, 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 com¬ plete j and when the verb happens to be the capital word, which it frequently is, it ought at any rate to be the laid, according to another rule above laid down. The following period is placed in its natural order : Were inftruCfion an effential circumftance in epic poetry, I doubt whether a fingle inftance could be given of this fpecies of compofition in any language.” The period thus arranged admits a full clofe upon the word compofition ; after which it goes on languidly, and clofes without force. This blemifliwill be avoided by the following arrangement: “ Were inftruftion an ef¬ fential 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 paflions after death, with great beauty and ftrength of reafon.” SpeB. Better thus : “ Some of our moft eminent divines have, with great beauty and ftrength of reafon, made ufe of this Platonic no¬ tion,” &.C. “ 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 j which, notwithftanding all its horrors, appeared to him more fweet than the bower of Mahomet, in the com¬ pany of bis Balfora.” Guardian. Better, “ She foon, &c. which appeared to him, in the company of 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 thofelaft mentioned j wit- nefs many Latin writers, among the moderns efpecial- ly, whofe ftyle, by inverfions too violent, is rendered harfti and obfeure. Sufpenfion ox 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, while he is puzzled about the road, relifties not the fineft profpeft: “ All the rich prefents which Aftyages had given him at parting, keeping only fome Median horfes, in order to propagate the breed of them in Per- fia, he diftributed umong his friends whom he left at the court of Ecbatana.” Trav. of Cyrus. Vox.. XI. Part II. III. Beauties from a Rcfemblance between Sound and Language, Signification. There being frequently a ftrong refem- 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 firing is imitated by the words that exprefs it: ■ The firing let fly, Twang'd fhort and [harp, like the fhrill fwallow’s cry. Odyjfey, xxi. 449. The found of felling trees in a wood : 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 rujiling) crackling, crajhing, thunder down. Iliad, xxiii. 144. But when loud furges lafh the founding ftiore, The hoarfe rough verfe Ihould like the torrent roar. Pope’s EJfay on Criticifm, 369. Dire Scylla there a feene of horror forms, And here Charybdis fills the deep with ftorms : When the tide rufties from her rumbling caves, The rough rock roars j tumultuous boil the waves. Pope. No perfen can be at a lofs about the caufe of this beauty j it is obvioufly that of imitation. That there is any other natural refemblance of found to fignification, muft not be taken for granted. There is no refemblance of found to motion, nor of found to fentiment. We are, however, apt to be deceived by artful pronunciation: the fame paffage may be pronounced in many different tones, elevated or hum¬ ble, fweet or harfti, brilk or melancholy, fo as to ac¬ cord with the thought or fentiment: luch concord muft be diftinguiftied from that concord between found and fenfe which is perceived in fome expreflions in¬ dependent of artful pronunciation j the latter is the poet’s Avork, the former muft be attributed to the reader. Another thing contributes ilill more to the deceit: in language, found and fenfe being intimately conne£led, the properties of the one are readily com¬ municated to the other; 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 foine that are not articulate, is felf-evident; and that in fa<5l 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 avc may fafely pronounce, that this natural re¬ femblance can be carried no farther } the objedls of the different fenfes 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 objefts, th« propofition muft be admitted : and yet in many paf- 3 Z fages LAN [ 546 ] LAN Language, fages that are not defcriptive of found, 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 fa£l, what remains is to inquire into its caufe. Refembling caufes may produce effe&s that have no refemblance j and caufes that have no refemblance may produce refembling effe&s. 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 Hill more fenfible of this refemblance in a fong, when the mufic is properly adapted to the fentiment j there is no refemblance between the thought and found; but there is the ftrongelt refemblance between the emotion railed by mufic tender and pathetic, and that raifed by the complaint of an unfuccefsful lover. Applying this obfervation to the prefent fubjeft, it appears, that, in feme initances, 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 t wo Ihort fyllables j and more remarkably the words rapiditi/, impetnojitij, precipitation. Brutal manners pro¬ duce in the fpe&ator an emotion not unlike what is produced by a harfh and rough found $ and hence tire beauty of the figurative expreflion, 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 objeft. This refemblance of effects is ft ill more remarkable where a number of words are connefted in a period : words pronounced in fucceflion make often a ftrong impreflion; and when this impreffion happens to accord with that made by the fenfe, we are fenfible of a complex emotion, pe¬ culiarly pleafant; 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 perfect harmony, and carried on in the mind to a full clofe. Except in the fingle cafe where found is deferibed, all the ex¬ amples given by critics, of fenfe being imitated in found, refolve into a refemblance of effefts : emotions raifed by found and fignification may have a refemblance j but found itfelf cannot have a refemblance to any thing but found. Proceeding now to particulars^ and beginning with thofe cafes where the emotions have the ftrongeft re¬ femblance, we obferve, firff, That by a number of fyllables in fucceffion, an emotion is fometimes raifed, extremely fimilar to that raifed by fucceffive motion $ which may be evident even to thofe who are defeftive in tafte, from the following faft, that the term move¬ ment in all languages is equally applied to both.- In this manner, fucceflive motion, fuch as walking, run¬ ning, galloping, can be imitated by a fucceflion of long or Ihort fyllables, or by a due mixture of both : for example, flow motion may be juftly imitated in a verfe where long fyllables prevail j efpecially when aided by a flow pronunciation : Illi inter fefe magna vi brachia tollunt. Georg, iv. 174. On the other hand, fwift motion is imitated by a fuc- eeflion of ffiort fyllables; Quadrupedante putrem fonitu quatit ungula cam- pum. Again : Radit iter liquidum, celeres neque commovet alas : Thirdly, A line compofed of monofyllables makes an impreflion by the frequency of its paufes, fimilar to what is made by laborious interrupted motion : With many a weary ftep, and many a groan, Up the high hill he heaves a huge round ftone. Odyjey, xi. 736. Firft. march the heavy mules fecurely flow j O’er hills, o’er dales, o’er craggs, o’er rocks they go. Iliad, xxiii. 138. Fourthly, The impreflion made by rough founds in fucceflion, refembles that made by rough or tumultuous motion : on the other hand, the impreflion of fmooth founds refembles that of gentle motion, i he following is an example of both. Two craggy rocks proje£lirsg to the main, The roaring winds tempeftuous rage reftrain ; . Within, the waves in fofter murmurs glide, , And fflips fecure without their haulfers ride.. OdyjJey, iii. 118.' Another example of the latter: Soft is the ft rain when Zephyr gently blows, And the fmooth ft ream in fmoother numbers flows. EJJay on Criticifm, 366. Fifthly, Prolonged motion is expreffed in an Alex¬ andrine line. The firft example fliall be of a flow mo¬ tion prolonged : A needlefs Alexandrine ends the fong ; That, like a wounded fnake, 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 fnore. Iliad, xiii. 1004. The laft {hall be of rapid motion prolonged : Not fo when fwift Camilla fcours the plain, Flies o’er the unbending corn, and {kims along the main. May 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. Mad, xiii. 197. Sixthly, A period confifting moftly of long fyllables, that is, of fyllables pronounced flow, produceth an emo¬ tion refembling faintly that which is produced by gra¬ vity and folemnity. Hence the beauty of the follow¬ ing verfe : Olli fedato refpondet corde Latinus. It refembles equally an object that is infipid and un« interefting. T»det quotidian arum harum formarum. Terence Seventhly LAN [ 547 ] LAN language. Seventhly, A flow fucceflion of ideas is a circum- U“-,Y—itance that belongs equally to fettled melancholy, and to a period compofed of polyfyllables pronounced flow j and hence, by limilarity 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 Abelard. Eighthly, A long fyllable made fliort, or a ftiort fyllable made long, raifes, by the difficulty of pronoun¬ cing contrary to cuftom, a feeling flmilar to that of hard labour : When Ajax ftrives fome rock’s vajl weight to throw, The line too labours, and the words move flow. EJfmj on Criticifrn, 3 70. Ninthly, Harfh 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 rtrains from hard-bound brains eight lines a year. Pope’s Epi/lle to Dr Arbuthnot^ 1. 181. We ftiall clofe with one example more, which of all makes the fineft figure. In the firft feftion mention is made of a climax in found j and in the fecond of a climax in fenfe. It belongs to the prefent fubjeft to obferve, that when thefe coincide in the fame palfage, 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 refpefl, no periods are more perfect than thofe borrowed from Cicero in the fir ft fedtion. 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- fedf to make diminutive objedls appear ftill more dimi¬ nutive. Horace affords a ftriking example : Parturiunt monies, nafeitur 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 power 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 feems amongft the Romans to have been a point which they thought worthy the atten¬ tion of the ftate itfelf j for we find the Cumeans not -daring to make ufe of the Latin language in their public a&s without having firft obtained leave in form. Language Tiberius himfelf would not hazard the word monopo- ^ U ^ Hum 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 ftyle and expreflion 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 ■, for no na¬ tion is more fond of adopting new words j 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 rauft be a little fallacious. The Greeks were very remarkable for their difeernment 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 different 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 fimth 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, Gard, Upper Garonne, and Herault. The clergy are more rich and numerous here than in the reft of France, there being three archbiftiops and 2o bilhops. Languedoc is divided into the Upper and Low'er j 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 Tame, the Ailier, and the Loire. There are alfo a great number ef 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 finiflred in 1680 5 the mathematician who undertook it made a bafin 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, born at Viteaux in Bur¬ gundy ip 1518, gained great reputation by his learn¬ ing and virtue in the 16th century. Having read one of Melanfthon’s books at Bologna, he conceived fo high an efteem for the author, that he went to Wir- temberg purpofely to vifit him ; he arrived there in 1549, when he contradled a ftrift friendfhip with Me- lanfthon, and embraced the Proteftant religion. In 1565, he was one of the firft counfellors of Auguftiis 3 Z 2 ele&or LAN [ 54$ ] LAN tanguet ele&or of Saxony, who employed him in feveral im- portant affairs and negociations. He was afterwards at’ "m' . admitted to the confidence of William prince of O- range ; and died at Antwerp on the 30th of September 1581. We have many of his letters written in Latin to Sir Philip Sydney, to Camerarius the father and fon, and to Auguftus eleftor of Saxony, which have been feveral times reprinted, in three volumes; and there is alfo attributed to him a famous treatife, entitled, Vm- dicice contra Tyrannos, and other works. His life is written by Philibert de la Mare. Languet, John-Bapti/i-Jofeph, the celebrated vi¬ car of St Sulpice at Paris, and a doftor of the Sor- bonne, was born at Dijon in 1675. He was received into the Sorbonne in 1698 j 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 ; and in 1714 ffic- ceeded to the vicarage. His parith church being Imall and out of repair, he conceived the defign of building a church fuitable to the fize of his parith, which he began with the fum of 100 crowns, but foon obtained confiderable donations j and the duke of Orleans, re¬ gent of the kingdom, granted him a lottery, and laid the firlt ftone of the porch in 1718. It was confecra- ted in 1745, after M. Languet had fpared neither la¬ bour nor ex pence to render it one of the fineft churches in the world both for architecture and ornament. An¬ other work which did him no lefs honour was the Maifon de Penfant Jefus. This eftabliffiment confifts of two parts j the firfl: 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 per Tons, 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 j 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 vras a general dearth in 1725, he fold, in order to relieve the poor, his houfe- hold goods, pictures, and fome curious pieces of furni¬ ture that he had procured with difficulty j and when the plague raged at Marfeilles, he fent large fums into Provence for the relief of the diftreffed. M. Languet was not only Angular in this warm, difinterefted, bene¬ volent conduCt, but alfo in other circumftances equally rare 5 and this was in the refufal of feveral biffioprics that were offered him : he even refigned his vicarage in 1748 ; but continued to preach every Sunday at his own pariffi church, and to fupport the Maifon de Ben- fant JefuSy to his death, which happened in 1750. It is obferved, that his piety and charity did not proceed from poverty of talents ; for he was fenfible and lively in converfation, and his genius often difcovered itfelf in his agreeable repartees. LANGUOR, among phyficians, fignifies great weak- nefs and lofs of ftrength, attended with a dejeClion of mind ; fo that the patients can fcaree walk or even Hand upright, but are apt to faint away. LANHAM. See Lavenham. 3 LANIARD (from Lanier, Fr.), a Ihort piece of Laniard cord or line fattened to leveral machines in a fhip, and rH . ferving to fecure them in a particular place, or to ma- ^an^U!I et« 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 ffiip, however, are thofe employed to extend the ffirouds and ttays of the malts by their communication with the dead eyes, fo as to form a fort of mechanical power re- fembling that of a tackle. Thefe laniards 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 upward, it is infert- ed through the fecond hole in the upper dead eye, and next through the fecond in the lower dead eye, and fi¬ nally through the third holes in both dead eyes. The end of the laniard being then directed upwards from the loweft dead eye, is ftretched as ftiff as poffible by the application of tackles j and that the feveral parts of it may Aide with more facility through the holes of the dead eyes, it is well fmeartd with hog’s lard or tallow, fo that the ftrain is immediately communicated to all the turns at once. LANIGEROUS, an appellation given to whatever bears wool. LANISTA, in antiquity, is fometimes ufed to fig- nify an executioner ; but more frequently for a mailer gladiator, who taught the yfe of arms, and had alway people under him ready to exhibit Ihows of that kind. For this purpofe, they either purchafed gladiators, or educated children in that art that had been expo- fed. LANIUS, the Shrike, or Butcher bird, a genus of birds belonging to the order of accipitres. See Orni¬ thology Index. LANNER, or Lannar. See Falco, Ornitholo¬ gy Index. LANDSDOWNE, Lord. See Granville. LANSQUINET, the name of a game at cards, of French origin. It may be played at by any indifcriminate number of people, though a Angle pack of cards is ufed during the deal. The dealer, who poffeffes an advantage, fnuffles 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, which is called the rejouijfance. 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, twu aces, two deuces, &c. which, to prevent miftakes, or their being confidered as fingle cards, he places on each fide of his own card : 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 fingle card, unlefs the dealer’s card ffiould 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 Lanfquinet or his own. Whilft the dealer’s own card remains un- fi drawn, he wins j and whichever card is turned up firft, Lamern. j0pes> jf }je deals out the two cards on his left hand, L ’ which are ftyled the hand-cards, before his own, he is entitled to deal again. This advantage amounts to no more than his being exempted from lofing, when he turns up a fimilar card to his own, immediately after he has turned up one for himfelf. Lanfquinet is often played without the rejouijfance, the dealer giving every one of the party a card to put their money upon. It is alio often played by dealing only two cards, one for the company and the other for the dealer. It (hould 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. L ANT AN A, or Indian Sack, a genus of plants belonging to the didynamra clals j and in the natural method ranking under the 40th order, Pcrfonatce. See Botany Index. LANTERN, or Lanthorn, a device to carry a candle in ; being a kind of cover ufually made of white iron, with fafhes 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 firll taken for glafs, to which they prefer it as being cheaper, lefs liable to accident, and more eafily repaired. Tbofe which Sir George had the opportunity of examining, confided of one uniform piece of horn, the feams being made invi- lible by an art found out by the Chinefe. The horns commonly ufed are thofe of dieep or goats, which be¬ ing bent by immerfing them in boiling water, are cut open and flattened, after which they are eafily fepara- ted into two or three thin plates. To make thefe laminse or plates join readily, they are expofed to the penetra¬ ting heat of fteam till they are perfeftly foft, and the edges that are to lap over each other are fcraped and flanted 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 ; and Rochou of the National Inftitute was defired to attempt to make them for the marine llore-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 tilling up the inter- ftices of wire cloth with fine tranlparent glue. He firft tinned the iron wires of the fieve-eloth he made ufe of; 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 was procured by boiling the clippings of parchment with the air-bladders and membranes of fea-filh, not from any conviction of their fuperiority to other articles, but as being the cheapeit 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 lubftance are repaired in cafe of accident, by a flight coating of glue, is given by the inventor as a great advantage; and, according to him, they were employed as fignal lanterns in the expedition to Ire¬ land. Darh Lantern, one with only one opening, which, may alio be clofed up when the light is to be entirely hid, or opened when there is'occafion for the afliflance of the light to difcover fome objeCt. Magic LANTERN, an optical machine, whereby lit¬ tle painted images are reprefenled fo much magnified, as to be accounted the effeft of magic by the ignorant. See Dioptrics, Art. X. p. 37. Lantern, in ArchiteElure, a little dome raifed over the roof of a building to give light, and 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 gal¬ lery, between two rows of fhops, to illumine them, like that of the Royal Exchange, London. Lantern, on fiiip board, a well known machine, of which there are many in a fhip, particularly for the purpofe of directing the courfe of other (hips in a fleet or convoy ; fuch are the poop and top lanterns, &e. Yeajl of LANTERNS, in China, is a celebrated feaft held on the 15th day of the firfl: month ; 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, &c. 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 ; fome being from 25 to 30 feet diameter : they reprefent halls and chambers, and two or three fuch machines together would make handfome houfes ; fo that in China they are able to eat, lodge, receive vifits, have balls, and adl plays in a lantern. To illumine them, they (hould have bonfires ; but as that would be inconvenient, they content themfelves with lighting up in them an infinite number of torches or lamps, which at a diftance have a beautiful effeft. In thefe they exhibit various kinds of ftiows, to divert the peo¬ ple. Befides thefe enormous lanterns, there is a mul¬ titude of others fmaller, which ufually confifl of fix faces or lights, each about four feet high, and one and a half broad, framed in wood finely gilt and adorned; 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; and when the torches are light¬ ed, they appear highly beautiful and furprifing. LanternYly. See Fulgora, Entomology Index. LANUGO, the foft down of plants, like that grow¬ ing on the fruit of the peach tree. See Hair. L AOCOON, 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 commiflioned 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 ftood next to the altar. The father imme¬ diately attempted to defend his fons; but tlje ferpents falling upon him fqueezed him in their complicated wreathes, and he died in the greateft agonies. This punilhment Lantern Laocoon. LAO [ 550 1 LAO Xaocoen. punlfhment was faid to have been inflt&ed upon him » for dilTuading the Trojans to bring into the city the fatal wooden horfe which the Greeks had confecrated to Minerva, as alfo for his impiety in hurling a javelin againft the hdes of the horfe as it entered within the walls. According to Hyginus, he fuffered the above punHhment 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 hiflory of the arts, is a celebrated monument of Greek fculpture executed in marble by Agefander, Polydorus, and Athenodorus, the three fa¬ mous artifts of Rhodes. Agefander is fuppofed to have been the father of the two latter. This remain of an¬ tiquity 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- fited in the Tarnefe palace. Laocoon, the prieft of Apollo and Neptune, is here reprefented with his two fons, with two hideous ferpents clinging round his bo- dy, gnawing it, and inje&ing their poifon: Virgil has given us the following defcription of the fadt ; Serpens amplexus uterque Implicate et miferos morfu depafcitur artus Corripiunt, fpirifque ligant ingentibus, et jam Bis medium amplexi, bis collo fquamea circum Terga dati, fuperant capite et cervicibus altis. This fiatue exhibits the moft aftonifhing dignity and tranquillity of mind in the midfl: of the moft excruci- ^Lib.xxxvi. ating torments : Pliny * fays of it, that it is, opus om- c. 5. nibus piftorete et Jlatuarice artis, praferendum. When Italy was overrun by the French during the late revolution, this wonderful monument of ancient art was 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 of Arts at Paris. “ A hero (fays the French account of the latter), guided by vidtory, drew it from the Vati¬ can, and tranfporting it to the banks of the Seine, has fixed it there for ever.” + W/t. of The Laocoon, Dr Gillies f obferve?, may be re- Greece, garded as the triumph of Grecian fculpture j fince ' bodily pain, the grofleft and moft ungovernable of all our paflions, and that pain united with anguifti 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 by images and ideas borrowed from all the fenfes, and has a thoufand ways of ennobling its objedt: but the ex- preffion of this fhriek 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 bread ftruggles againft calamity. The contention is ftill more plainly perceived in his furrowed forehead j and his languiftiing paternal eye demands afliftance, 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 neatnefs, that Pliny thought the whole was of one. Laocoo* The right arm of the father, and two of the arms of I! the children are wanting. The deficiency is fupplied Laorrietlo they were removed to Oxford, that they might difpute with the learned doctors of both univerfities. Latimer declining the cifputation on account of his great age and infirmities, delivered his opinion in writing 5 and refufing to fub¬ fcribe the Popilh creed, was condemned for herefy j and in Oftober following was, together with Biftiop Ridley, burnt alive. He behaved with uncommon for¬ titude on the occafion, and died a real martyr to the Reformation. Plis general charafter is that of a learn¬ ed, virtuous, and brave man. His works are, 1. Ser¬ mons, 1635, fob 2. Letters j in Fox’s Afts and Mo¬ numents, vol. ii. fol. 1380. 3. An Injunftion to the Prior and Convent of St Mary’s in Worcefterlhire. See record at the end of Burnet’s Hiftory of the Re¬ formation, part ii. p 293. L A J IN, a dead language, firft fpoken in Latium, and afterwards at Rome j and ftill ufed in the Romilh church, and among many of the learned. This language is principally derived from the Greek, and particularly from the Eolic dialeft of that tongue, though it has a great number of wmrds which it bor¬ rowed from the languages of the Etrufci, Olci, and other ancient people of Italy 5 and foreign commerce and wars, in courie of time, added a great, many more. i he Latin is a ftrong nervous language, perfeftly fait able to the charafter of the people who fpoke it : w'e have ftill wrorks of every kind admirably well written in the Latin, though there are vaft numbers loft. Fhe Latin tongue was for a while confined almoft wholly within the walls of Rome j nor would the Ro¬ mans allow trie common ufe of it to their neighbours, ®r to the nations they fubdued: but by degrees they 3 Latin common language j fo that at length they impofed the ufe of it by a particular law for that purpofe. After the tranflation of the feat of the empire from R.ome to Conftantinople, the emperors of the eaft, being always defirous of retaining the title of Roman emperors, ap¬ pointed the Latin to be ftill ufed ; but at length ne- glefting the empire of the weft, they abandoned all care of the Latin tongue, and ufed the Greek. Char¬ lemagne coming to the empire of the weft, revived this language ; but at length it gave way, and the French took place of the Latin j it w as, however, prodigiouf- ly degenerated before it came to be laid afide, in which condition it was found at the time of the Reformation, when Vives, Erafmus, &c. began to open the way for its recovery : fince which time the monkifti latinity has been declining, and all endeavours have been ufed to retrieve the pure language of the Auguftan age. See Language. Latin Church. See Church. LATINS, an ancient nation of Italy. See La¬ tium. LATINUS, k ing 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, his only daughter, married yEneas, after that Trojan prince had killed Turnus king of the Rutuli. See Rome. LATISSIMUS, in Anatomy, the name of feveral mufcles. See Anatomy, Table of the Mufc/es. LATITUDE, in AJlronomy, is the diftanee of a ftar north or fouth from the ecliptic. In geography it fignifies the diftance of any place north or fouth from the equator. See Astronomy, and Geography,. pajfim. 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 acceffion of various people. The appellation, according to Virgil, is a latendot 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- carnaffscus derives it from King Latihus, who reigned about the time of the Trojan war. But whatever be • in this, it is certain, that Lalium, when under Aineas and his defcendants, or the Alban kings, contained only the Latins, exclufive of the Aiqui, Volfci, Her- niei, and other people j only that Alneas reckoned the Rutuli, after their conqueft, among the Latins. And this conftituted the ancient Latium, confined to the Latins ; but afterwards, under the kings, and after their time, it reached from the 1 iber to Circeii. Under the confuls, the country of the vEqui, Volfci, Hernici, &c. after long aid bloody wars, was added to Latium, under the appellation adjeBitiom or fuperad- ded Latium, as far as the river Liris, the eaftern boun¬ dary, and to the porth as far as the Marfi and Sa¬ bines. The various people, w hich in fucceffion occu¬ pied L A T r 565 ! L A T fcatium pjed Latiura, were the Aborigines, the Pelafgi, the II. Arcades, the Siculi, the Arunci, the Rutuli •, and be- ^Latria. yoncj the V0lfci> the Ofci, the Aufones : but who firft, who next, occupied the country, it is diffi¬ cult to fay. L ATM US, 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 Heros, and Latmius Ve¬ nator. In the mountain was a cave in which Endymi¬ on dwelt (Scholiaft on Apollonius Rhodius). Suppofed by Hecataeus to be the Phtheiron Mans of Homer ; but by others to be Grius Moris, not far fx-om Latmus (Strabo). L ATOM I A, properly fignifies a Jione 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 5 another at Syracufe, in which Cicero fays Verres had (hut up Roman citizens. EATON A, in Mythology, a Pagan goddefs, whofe hiftory is very obfcure. Hefiod makes her the daughter of Titan Coe is and Phoebe his filler. She was admired for her beauty, and celebrated for the favours which ffie granted to Jupiter. Juno, always jealous of her huf- band’s amours, made Latona the objefl 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 j and Terra, influenced by Juno, refufed to give her a place where ffie might reft and brir.-g forth. Nep¬ tune, moved wuth compaffion, ftruck with his trident and made immoveable the ifland of Delos, which be¬ fore wandered in the TEgean, and appeared fometimes above, and fometimes below, the furfaee of the fea. Latona, changed into a quail by Jupiter, came to Del os ; where ffie refumed her original ffiape, and gave birth to Apollo and Diana, leaning againfl: a palm tree or an olive. Her repofe was of Ihort 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 5 and in Caria, where her fatigue compelled her to flop, ffie was infulted and ridiculed by the peafants, of whom ffie alked for wa¬ ter while they were weeding a marffi. Their refufal and infolence provoked her, and ffie entreated Jupiter to puniffi their barbarity. They were all 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 refeqtment of Juno, became a powerful deity, and faw her children receive divine honours. Her worfhip was generally eftabliffied where her children received adoration 5 particularly at Argos, Delos, &c. where ffie had tem¬ ples. She had an oracle at Egypt, celebrated for the true and decifive anfwers which it gave. Latona, Ve¬ nus, and Diana, were the three goddeffes nioft: in ve¬ neration among the Roman women. L ATRIA, in Theology, a religious worlhip due on¬ ly to God. See Adoration. - The Romanifts fay, “ They honour God with the worlhip of latria, and the faints with the worlhip of dnlia." But the terms, however diftindt, are ufually confounded. The worffiip of latria, befides its inner characters, has its external marks to diftinguiffi it j 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. Air Daille feems to own, that fome of the fathers of the fourth century allowed the diftindlion between latria and duha. 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 latrinse w'ere public places where the fl >ves waffied and emp¬ tied their mailers clofe llools. 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 llools, which were taken away occafionally to the common fewers. LATRUNCULI, 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 liege of Troy : Seneca attributes it to Chilon, one of the feven Grecian fages ; others honour Pyrrhus with the invention ; and others again contend that it is of Perfian origin—but is not this Lis de iana 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 works it is to be found, and to which we re¬ fer for a fuller account of the game. This game ex- preffes fo w-ell the chance and order of war, that it is, W'ith 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 j he obeyed the fummons, but firit defired the centurion who brought the fatal order, to bear witnefs that he had one man upon the board more than his antagonift, that he might not falfely brag of vidlory when he ftiould be no more. L ATTEN denotes iron plates tinned over, of which tea canifters are made. Plates of iron being prepared of a proper thinnefs, are fmoothed by rutting them in an acid liquor, as common w'ater made eager with rye. \Vith 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 rudedover. After this they are taken out, and well fcoured with fand ; and, to prevent their rutt¬ ing again, are immediately plunged into pure water, in which they are to be left till the inftant they are to be tinned or blanched \ the manner of doing which is this: They flux the tin in a large iron crucible, which L A T f 566 ] LAV Lafcten, hag the figure of an oblong pyramid with four faces, Latnmo. ^ 0£ ^vhich 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 ; they always put them in downright, and the tin ought to fwim over them j to this purpofe artificers of different trades prepare plates of different fhapes, 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 water till the time $ only when the tin is melted in the crucible, they cover it with a layer of a fort of fuet, which is ufually two inches thick, and the plate muft 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 fliould take fire, the fuet would foon moiften it, and reduce it to its primitive flate again. The blanchers fay, this fuet is a compounded matter. It is indeed of a black colour j 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 fufticient j for after fe- veral attempts, there was 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 in a condition to give the iron a dif- pofition to be tinned, which it does furpvifingly. The melted tin muft alfo have a certain degree of heat: for if it is not hot enough, it will not ftick 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 ; but, in general, ufe teaches them to know the degree, and they put in the iron when the tin is at a different ftandard of heat, according as 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 frelh covered with fuet •, and that with the common fuet, not the pre¬ pared. LATTEN Brafs, 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 beft 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 15 pounds more of calcined tin ; mix it well with the metal, and let it ftand one day to puri¬ fy ; it will then be of a whitenefs furpaffing even that Lattim* of fnow, and is fit to work into veffels. II LATUS Primarium, a right line drawn through , Lava,_r the vertex of the fe&ion of a cone, within the fame, and ’ ^ parallel to the bafe. LATUS Tranfverfum of the hyperbola, is the right line between the vertices of the two oppofite fe&ions, 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 fides, of burning mountains, during the time of an eruption. See ./Etna, Vesuvius, Hecla ; and fee 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 1767), “ had the appearance of a river of red hot and liquid metal, fueh as we fee in the glafs houfes, on which were large floating cinders half lighted, and rolling over one another with great pre¬ cipitation down the flde of the mountain, forming on the whole a moft beautiful and uncommon cafcade.” Now, if we confider the materials of which the lava conlifts, which undoubtedly are the common matters to be found everywhere in the earth, namely, ftones, metallic ores, clay, fand, &c. we fliall 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 fufible halts, fuch as alkalies, nitre, &c. mixed along with them. The heat of a volcano muft there¬ fore be immenfe ; and befides its heat, it is fometimes t attended with a very uncommon circumftance ; for Sir Excefllve William Hamilton informs us, that “ the red-hot112^ ftones thrown up by Vefuvius on the 31ft of Marchlava&* 1766, were perfectly tranfparent •n 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 effeft 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 ths tranfparency, therefore, (according to feme authors) we muft have recourfe to ele&ricity; which in feme of our experiments hath the property of render¬ ing opaque bodies tranfparent *. Indeed it is fcarcely # gee poflible but the lava and every other matter thrown out tricity In- of a volcano muft be in the higheft degree eleflrical, if^- the fire itfelf takes its rife from eleftricity. 3 The lava, after having once broke out, does not Probably conftantly continue running from the fame vent, but in a highly often has intermiflions, after which it will burft out elei^rified fometimes at the fame place, and fometimes at another. ^ale a^°‘ No real flame ever appears to come from the lava. In the day time its progrefs is marked by a thick Their gene- white fmoke, from which the light of the red-hot mat-ral appear- ter being refledled in the night time, makes it appear ape¬ like flame. But if, during its progrefs, it meets with trees or other combuftible fubftances, which it fre¬ quently does, a bright flame immediately iffues from its LAV [ ] LAV Xa*a. its furfaee, as hath alfo been remarked by Sir William u—V-—' Hamilton.—This liquid fubftance, after having run pure for about 100 yards (more or lefs, no doubt, according to different circumftances), begins to colled cinders, Hones, 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 Thames, as he had feen it after a hard froft and a great fall of fnow, when beginning to thaw, carrying down valt 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. -I his lava at the far- thefl 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 tne top foon formed another wall, and fo on.——This was the appearance alfo put on by tne lava which iflued in the great eruption of 17^3 Icelandj with this differ¬ ence, that the wall was at one time 210 feet high, and the general thicknefs of it was more than 100 : (See Hecla). While a lava is in this Hate, Sir vVil- liam is of opinion, that it is very pradicable to divert it into another channel, in a manner fomewhat fimilar to what is pradifed with rivers. This he was after¬ wards told had been done with fuccefs during the great eruption of iEtna in 1669: that the lava was direding its courfe towards the walls of Catania, and advancing very flowlv, when they prepared a channel for it round the walls of the town, and turned it into the fea. A fucceflion of men, covered with flieep {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 perfed fufion, to difgorge itfelf into the channel prepared for it. But this, it is evident, can only take place infmall dreams of this burning matter j with that above mentioned it would have been impof- 4 1 Able. It hath been alfo obferved of the lavas of iEt- ^0"°dtea!‘ na, that they do not conftantly fall down to the low- fcend to the places, but will fometimes a(cend in fuch a manner lowed as to make the valleys rife into hills. On this Sir Wil- places. i;am Hamilton has the following note : “ Having heard the fame remark with regard to the lavas of Vefuvius, I determined, during an eruption of that volcano, to watch the progrels 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 molt fluid Hate, fol¬ low always the laws of other fluids j but when at a great diftance from their fource, and confequently en¬ cumbered with fcorise and cinders, the air likewife ha¬ ving rendered their outward coat tough, they will fometimes (as I have feen) be forced up a Imall afcent, the frefh matter puftung forward that which went be¬ fore it, and the exterior parts of the lava acting always as conductors (or pipes, if I may be allowed the ex- preffion) 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; and that, whilft in a ftate of perfeCl fufion, they continued their courfe in thofe channels, which were fometimes full to the brim, and at others more or lefs fo according to the quantity of ftiatter thrown out. ^ Thefe channels, after fmall eruptions, were generally from two to five or fix feet wide, and feven or eight in depth. They were often hid from the fight by a quantity of fcoriae that had formed a cruft over them, and the lava, having been conveyed in a covered way for fome yards, came out again frefti into an open channel. Our author informs us, that he had walked in fome of thefe fubterraneous galleries, which were exceedingly curious, the fides, top, and bottom, being exceedingly Tmooth and even : others were incrufted with what he calls very extraordinary fcoriae, beauti¬ fully ramified white falts in the form of dropping fta- laftites, &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 defcribed in great perfeftion. After quitting them, it fpread itfelf in the valley, and ran gently like a river that had been fro¬ zen, and had mailes of ice floating upon it. The wind happening then to ftiift, our traveller was fo incom¬ moded by the fmoke, 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 affe&ed. The cruft was fo tough, that their weight made no impreffion upon it, and the motion fo flow that they were in no danger of falling. This circumftance, according to Sir William, points out a method of efcape fhould any perfon happen to be enclofed betwixt two lavas, but ought never to be tried except in cafes of real neceffity ; 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 croffed 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 hilling and crackling noife 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 j 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 aquedufl. On quitting this fountain of lava, they went quite up to the crater, ■where as ufual they found a little mountain throw¬ ing up Hones and red-hot fcoriae 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 whence 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. LAV [ 568 1 v LAV ferved, Tlie pores of the freft) lava were generally full of a perfe6t vitrifioation, and the fcoriae them- felves, viewed through a magnifying glafs, appeared like a confufed heap of lilaraems of foul vitrification. Wlren a piece of tke folid lava had been cracked in its fall, without feparating entirely, fibres of perfect 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 afhes of this eruption, and which has likewife been obferved in other places, he is of opinion muff have proceeded from an operation of the kind juft mentioned j the lava cracking and fepara¬ ting in the air at the time of its emiflion from the cra¬ ter, and by that means fpinning out the pure vitrified matter from its pores or cells j 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 infpeftion, however, he found that this fub- ftance had been forced out of the minute pores of the folid lava itfelf 5 and was a collection of fine vitreous fibres or filaments confounded together at the time of their being preffed out by the contraction of the large fragments of lava in cooling, and which had been bent downwards by their own weight, “ rl his curious fub- ftance (fays he) has the lightnefs of a pumice, and re- fembles it in every refpeCt, except that it is of a dark¬ er colour.” When the pores of this lava were large, and filled with pure vitrified matter, the latter was fometimes found blowm into bubbles on the furface } probably by the air which had been forced out at the time the la¬ va contracted itfelf in cooling ; and from thefe thin bubbles it appeared, that this kind of volcanic glafs has much the fame tranfparcncy with our common glafs bottles, and like them is of a dirty yellow co¬ lour 5 but when large pieces of it were broken off with a hammer, they appeared perfectly black and epaque. In the lava of this eruption it was obferved, that many detached pieces were in the fhape of a barley¬ corn or plum ftone, fmal! 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 fuch a form in their fall. There were alfo many other cu¬ rious vitrifications, different from any he had feen be- mixed with this huge (bower of fcoriae and maffes of lava. < In treating of Mount Etna, M. Houel makes men¬ tion of a piece of lava which, after having been once ejeCfed oy the volcano, was (wallowed up, and thrown out a fecond time. The intenfe heat to which, it was then fubjeCfted, had fuch an effeCi 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 $>f the hollow channels formed bf the lavas of Etna, fi. smilar to thofe deferibed by Sir William Hamilton, but on a much larger fcale. Here the great eruption of water in 1755 had overturned, in a vertical direction, a huge tube of^this kind for the length of half a mile. The tuoe itfelr appeared to be compofed of enormous maffes, fomewhat refembling planks; each two feet Lava, thick and twelve or fifteen in breadth, continued in a ftraight line through the whole of that (pace. At the fame time by the aCtion of the lava a kind of walls had been formed, from ten to fixteen feet in height, and curved at the top. Some of thefe 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 leal lava j and which 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 thole of ice heaped upon one another after having floated for fome time on a river. Beneath thefe the pure lava is met with, and which has evidently been in a ftate of perfect fulion. This is extremely denfe j and by looking narrowly into its chinks, the compoi fition of the whole appears to be merely homogeneous. It is curious (fays he) to obferve, fo near one fpeeies of lava which is very pure, another which has likewife arrived at the fame plaice 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 iron 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 with lharp points, fome longer, and others Ihorter. 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, burft, and affumed its prefent form, prefenting to the view various fpaces filled with fmall loofe Hones. 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 bav© been expofed, and which feems to be greater or lefs ac¬ cording to their quantity. Hence the Icelandic volca¬ noes, which pour forth the greateft quantities of lava, produce it alfo in the greateft degree of liquefaction, and Dr Van Troil obferves, that what he faw muft have been liquefied to an extreme degree. The compofition of the lavas of different volcanoes,obferva- and even of different parts of thofe of the fame volca-tiom on the no, is extremely different. Sir William Hamilton is different of opinion that this difference in compofition contributes c.0K1P0j?r not a little to the facility or difficulty with which they afterw ards receive earth capable of vegetation. “ Some w. Kamil- (tays he) have been in a more perfeCI ftate of vitrifi-t«n cation than others, and are confequently lefs liable to the impreffions of time. 1 have often obferved on Mount Wfuvius, when I have been clofe to a mouth from whence the lava was difgorging itfelf, that th© quality of it varied greatly from time to time. 1 have feen it as fluid and coherent as glafs when in fufion $ and I have feen it tarinaceous, the particles feparating as they forced their w'ay out, juft like meal coming from und®r the grindftone. A ftream of lava of this V LAV [ 569 1 LAV Lava, fort being lefs compact, and containing more earthy ^ particles, would certainly be much fooner fit for vege- 6 tation than one compofed of the more perfedt vitrified By Mr matter.” Mr Bergman, who has accurately analyzed Bergman. j[ome Icelandic lavas, informs us, that one kind is very coarfe, heavy, and hard, full of bladders, almoit black, intermixed with white grains refembling quartz, which in fome places have a figure not very unlike a fquare. This black matter is not attradled by the magnet } but if a piece of it is held againft a compafs, the needle vifibly moves. When tried in the crucible, it yields from ten to twelve pounds of iron in every hundred weight. It does not diflfolve in the lead; with fal foda?, and very difficultly with borax, and fcarce at all with urinous fait. It feems to contain a great deal of clay in its compofition, which may be extracted by all acid folvents. This laft he is likewife, from expe¬ riments, affured is the cafe with the lava of Solfaterra in Italy. The white lava, which poifeffes 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 j it is, however, foluble with fome difficulty by borax and fu- fible urinous fait, or microcofmic acid. Thefe effects are perfectly fimilar to thofe produced upon the dia¬ mond, ruby, fapphire, topaz, and hyacinth. The chryfolite, garnet, tourmalin, and fchoerl, can neither be diffiolved by fal fodae, though they are fomewhat at¬ tacked by it when reduced to a fine powder ; and up¬ on the two laft-mentioned ones it produces a flight effervefcence; on which account, fays Mr Bergman, it is poffible that the precious ftones found upon Mount Vefuvius, which are fold at Naples, are nearer related to the real precious Hones 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 blackifh brown colour, a little tranfparent at the thin edges like glafs, and gives fire with Heel. It cannot eafily be melted by itfelf, but becomes white, and flies in pieces. It can hardly be dilfolved in the fire by fufible urinous fait $ but it fucceeds a little better with borax, though with fome difficulty. With fal fodse it diffolves very little, though in the firft moments fome ebullition is perceiv¬ ed, and the whole mafs is afterwards reduced to pow¬ der. Hence Mr Bergman concludes, that this agate hath been produced by an exceffive fire out of the black lava formerly mentioned. In the Iceland pumice-ftone, quartz and cryftals are often found, particularly in the black and reddifh brown kind. The ftones thrown out of the volcano, whether gray, or burnt brown, feemed to confift of a hardened clay, mixed with a filiceous earth. They were fprinkled with rays and grains refembling quartz, and fome few flakes of mica. They fufed with great difficulty in the fire 5 with fal fodae they fhowed fome effervefcence at firft, but which ceafed in a fhort time. The parts refembling quartz produced no motion at all •, from whence Mr Bergman concludes, that the black lava already mentioned proceeds principally from this mafs. Several other ftones which were fent him from Iceland, Mr Bergman fuppofed to have no con- Vol. XL Part II. nexion with the eruptions, but to have been produced Lava, fome other way. In Mr Ferber’s travels through Italy, we are in- jyjr formed, that he has feen fpecies of lava fo exadtly re-perber. fembling blue iron flags, that it was not to be diftin- guifhed from them but with great difficulty. The fame author tells us likewife, “ that the Vicentine and Ve- ronefe lavas and volcanic affies 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 j that hyacinths, chryfolites, and pietre objidianey defcribed by Mr Arduini in his Gior- nale d'Italia, are found at Leonedo; and that chal¬ cedony or opal pebbles, and noduli with encloied water drops, {chaicedonii opalii enhydn'), are dug out of the volcanic cineritious hills near Vicenza. * M. Dolomieu confiders the chemical analyfis of la-M. Dolo- va as but of little account. When fubjedied to the mieu’s «pi- force of fire a fecond time, they are all of them redu-nl0IU cible to the fame kind of glafs j from which it has been concluded, that all volcanic produdts have been form¬ ed of the fame kind of materials, and that the fubter- raneous fire has always adted on and varioufly modi¬ fied the fame kind of ftone. But an analyfis by fire, he juftly obferves, is of all others the moft fallacious. The fubftances are all fufible, and we have no proper methods of meafuring the intenfity of our fire \ lo 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 fliould not appear to us to be any more violent than the former. Analyfes by different menftrua have not been 9 more fuccefsful. Mr Bergman has indeed analyzed Berfman’s fome lavas with acids, and gives with aftonifhing pre- cifion the following refult, viz. that a hundred partsia 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 ffiow the compofition of the particular fpecimens that he tried $ and even after the defcriptions that he has given, we are a good deal at a lofs to difcover the fpecies of lava which he fub- jedled to analyfis. “ It would be as ridiculous (fays M. Dolomieu), to apply this analyfis to every volcanic product, as it would be to believe that the component parts of a fiffile rock were the fame with thofe of every rock compofed of laminae or thin ftrata,” For thefe reafons he is of opinion, that, in order to underftand the nature of lavas, we ffiould confider not only that of volcanoes themfelves, 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 10, fchiftus and horn-ftone ; frequently in a fpecies of por- Of the feat phyry, the gluten of which is intermediate betwixt»ot'v°kaHic horn-ftone and petrofilex ; containing a large quantity fiics* of fchoerl, feldt-fpar, and greenifh quartz or chryfolite, in little rounded nodules. Thefe fubftances, he tells us, W'ould have been found in thofe mountains which are called primitive, and in ftrata buried under beds of calcareous ftone j and, among other things, would have convinced us, that the fluidity of lavas does not make them lofe the diftindtive charadlers of their bafes. In the mountains called Primitive, thofe rocks which 4 C are L A V Lava. [ 57° 1 LAV II Materials abundant in the earth at volcanic fires. are a0tgne<3 as the bafes- of the more common lavas are found intermixed with micaceous ones, with gneifs, granite, &c. and they generally ret! on maffes of gra¬ nite. Hence lavas mull contitt of all thefe matters, and the fre muff aft upon them all whenever it meets with them. Our author has conftantly obferved, that volcanoes fituated at the greatei! diftance from the centre of the chain or group of mountains on which they are eftablithed, produce lavas of a more homoge¬ neous compofition, and lefs varied, and which contain mot! iron and argillaceous earth. Thofe, on the con¬ trary, placed nearer the centre, are more divevfified in their products ; containing fubiiances of an infinite variety, of different kinds. The feat of the fire, how¬ ever, he obferves, does not long continue among the granites, the inflammation being either extinguilhed, or returning to the centre of the fchitlus rocks in its neighbourhood. From this knowledge of the materials of which lavas are compofed we acquire alfo a confioerable know- great depths matters that are found in greatefi quantity fliown b> in the bowels of the earth. The excavations made by mines, &e. on the furface of the earth, are mere fcratches in comparifon of the depths of volcanic fires; and as he confiders the mountains themlelves 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 fubitances are mol! 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 hut merely infpedfing the lavas of Mount i£tna, that in fome parts of the ifland of Sicily, there exift- ed granites, porphyries, with fchitlus and argillaceous horn-ftones. In this opinion he perfificd, notwithftand- ing the generally oppofite fentiments of the inhabi¬ tants themfelves. He fearched in vain three-fourths of the ifland ; and at laid found that all the mountains, forming the point of Sicily called Pelorus, 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 mu ft, therefore, (fays he) believe, that thefe mountains have furnifhed the materials on which the volcanoes have, for thoufands of years, exerted their power.” Ey travelling among thofe elevations called the Nep¬ tunian Mountains, or Mans Pe/orus, he was enabled to difcover the reafon why the produfls of iEtna and the 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 thin ftratum of argillaceous rock which contains por¬ phyry ; but the Sicilian volcano is fttuated 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 balls'. If the feat, of the fire was ftill more diftant from the centre of the mountains, their lavas would be more ho- Biogeneous 5 b^faufe the fehift, which fucceeds to the horn-ftcne, Is lefs various, and hardly includes any bo- Lava, dies foreign to its own fubftance. Thus the lavas, in the extinguilhed • volcanoes of the Val c!i Noto, which lie 15 leagues to the fouth-eaft of ALtna, contain nei¬ ther granite nor porphyry ; but have for their bafes Ample rocks, with particles of chryfolite and fome fchoerls. To the granites which extend to Metazzo, oppo¬ fite to Lipari, he afcribes the formation of pumice; as they contain an immenfe quantity of fcaly and mica¬ ceous rock'-, black and white, with foffil granites os* gneifs, the balls of which is a very fufible feldt-fpar ; and thele he fuppofes to be the proper materials of the pumsce, having found pieces of them almoft untouch¬ ed in pumice-ftones. There are beds of almoft pure feldt Ipar ; to the femivitrification of which he afcribes an opaque enamel like lava mentioned in other parts of his works. Few porphyries, however, he acknow¬ ledges, are to be met with among the Neptunian mountains, though thefe ftor.es abound in the lavas of -/Etna. “ They are not diftant (fays he) from the gra¬ nites ; and thole I have found have neither the hard- nefs nor perfeftion of thofe pieces which I gathered in the gullies, and which had been apparently walhed out of the anterior parts of the mountain by water. Eut though the porphyries I faw here bear no propor¬ tion to thofe in the products of iEtna, 1 was fufficient- ly convinced of their exiftenct, and their analogy with thofe of volcanoes, by difeovering that the centre of thefe mountains contains a great number of them. Por¬ phyries, in genera], 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¬ ways mixed : but we are indebted to the labour of volcanoes for informing us that they are among the moft common fubftances 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 balls.” For an account of volcanic productions, fee Mi¬ neralogy Index. I9 • The quantity of matter thrown out from vol-Vafl: quan- canoes-under the name of lava is prodigious. Af-1-ticsot lava ter the great eruption of iEtna, in 1669, Borelli UucA'n'uJo went from Pifa to Sicily to obferve the effeCts of it. The matter thrown out at that time amounted to 93,830,750 cubical paces ; fo that had it been extended in length on 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, ftene, gravel &.c. The lava he computed at 6,300,000 paces, which formed a river, according to our author, fome- times two miles broad ; but according to others it was fix or feven miles broad, and fometimes 2.0 or 30 yards in depth. Sir William Hamilton informs us, that the lavas of fEtna are very commonly 15 or 20 miles in length, fix or feven in breadth, and 50 feet deep. The moft conftderable is fcarce lefs than 30 miles long and 15 broad. The moft: conftderable 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 moft places 6o or 70 feet deep. In one LAV [ 571 1 LAV t,ava. one place it liad ran along a hollow way made by cur- rents of rain not lefs than 200 feet deep and 100 wide } and this vaft 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. Even this quantity, however, great as it is, appears very trilling in comparifon of that thrown out in Iceland in the year 1783, which covered a fpace of ground 00 miles in length and 42 in breadth, to the depth of more than 100 feet. Dr Van Troil, in his Letters on Iceland, tells us, that he and his companions travelled over a trail of lava up¬ wards of 300 miles in length : and in 1728, we are told that an eruption of lava took place, which continued for two years to run into a great lake, which it almoft filled up. m I;L „ As the lavas are thrown out from the volcanoes in fleauire a. . . . . r long time the higheft degree of ignition, it may eahly be lup- tp cool. pofed that fuch vail bodies will retain their heat for a long time. It would indeed be well worth obferving, what length of time is required to cgol a Java perfeifly $ as from thence we might in fome meafure judge how far thofe philofophers are in the right, who argue concerning the length of time required 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 which had ilTued from Vefuviusin October 1767, and they immediately took fire. On Mount ./Etna, 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 faff relating to a lava in the ifland called Lacco. Here is a cavern (hut up with a door; and this cavern is made life of to cool liquor, and fruit, which it does in a Ihort time as effeftually as ice. Before the door was 6oid and opened, he felt the cold ©n his legs very fenfibly j but noxious va- when it was opened, the cold rulhed out fo as to give l>ours pro- jflm pain ; and within the grotto it was intolerable, old T* ^ was n°t fonfible of wind attending this cold; though Vl*S upon Mount /Etna and Vefuvius, where there are ca¬ verns of this kind, the cold is evidently occafioned by a fubterraneous wind : the natives call fuch places ne/z- taroli. From old lavas there alfo frequently happens an eruption of noxious vapours called mofctes. f hefe Hkewife break out from wells and fubterraneous places in the neighbourhood of a volcano before an eruption. Our author tells us, that the vapour affe&s the noftrils, throat, and ftomach, juft as the fpirit of hartftiorn 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 limes to be met with under the ancient lavas of Vefuvius, particularly the great eruption o' Sir William Hamilton informs us, that the lavas of /Etna and Vefuvius are much the fame, but thofe of /Etna rather blacker and more porous than thofe of Vefuvius. Some kinds of lava take a fine polilh, 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 cf Pompeii and Herculaneum have been paved with Tiles of lava. the fame fubftanee. A fine large cubic piece of lava is preferved in the hall of the Britilh Mufeum. LAVANDULA, Lavender, a genus of plants be¬ longing to the didynamia clafs, and in the natural me¬ thod ranking under the 42d order, Verticiliatce. bee Botany Index. LAVATER, John Gaspard Chp.istian, 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 *, but from the year 1778, he was deacon and paftor 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 himfelf, 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- tior. of Dr Zimmerman, who, having heard his remarks on the lingular countenance of a foldier whom they faw palling by as they ftood together at a window, urged him to purfue and methodife his ideas. He foon ac¬ quired a full conviction of the reality of phyfiognomical fcience, and of his own difcoveries in it. His firft vo¬ lume on this fubjeft appeared at Leipzig in 1776, and the 20 feCtions of which it was compofed he modeftly denominated fragments. 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 denote themfelves by external marks or tokens. Two more volumes foon appeared in fucceffion, con¬ taining a wonderful affemblage of curious obfervalions, refined reafoning, delicate feeling, and philanthropic fentiments, with a number of engravings highly finilhed and Angularly expreffive. This work was well tranila- ted into the French and Etiglilh languages, and was for fome time the favourite topic of literary difcuflion. So much was its author admired, that no foreigner of diftin&ion palled through Zurich without obtaining an interview with Lavater, and alking his opinion of fome charafter from a (hade or miniature. His huge vo¬ lumes, however, are now 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 belt known of his mifcellaneous publications is his Aphorifms on Man, which contain originality both of fentiment and ex- preffion, with deep and philofophital views of human nature. Lavater was 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 celebrated J; wiffi philo- fopher, Mofes Mendelfohn, with a challenge either to refute it publicly, or profefs his conviftion of the truth 4 C 3 V LAV [ 572 1 L A U L&vater of its arguments. This challenge he afterwards con- Lavltor to have been inconfiderate, and that his zeal had ^ °'y' inifled 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 refpecl. He had a moft exemplary moral character, and his zeal in doing good was fcarce- ly ever furpafled. He 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 breakfaft till he thought he had earned it. He was the determined enemy of tyranny in every lhape, be¬ ing poflefled of the genuine Swifs zeal for liberty. He was therefore a friend to the French revolution at its commencement ; but the rapine, plunder, and blood- fhed which afterwards difgraced it, made him one of its bitterefl antagonifts. On the day when the unfortu¬ nate city of Zurich was flormed by Maffena in 1799, he received a wound in the bread from a Swifs foldier in the flreets, to whom he had formerly been a bene¬ factor. He never wholly recovered from the effefts of this wound ; and he brought on a train of dangerous fymptoms by attending for more than an hour, in the open air, a man who was condemned to be fhot as a Ipy. The aftivity and vigour of his mind, however, continued till a fhort time before his death, which took place on the 2d of January, i8ci. LAVATERA, a genus of plants, belonging to the polyadelphia clafs, and in the natural method ranking under the 37th order, Columnferce. See BotaNY Index. LAVATORY, or LavaDERO, a name given to certain places in Chili and Peru, where gold is got out of earth by wafhing. M. Frezier gives us the following defeription of the lavatories of Chili :—They dig deep into the earth, in fuch places as they have reafon to expe£tgoldin ; and, in order to facilitate this digging, turn a ftream of wa¬ ter upon the fpot, loofening the earth as much as pofli- ble all the time, that the current may have the greater effeft, and tear up the earth more ftrongly. When they are got to the earth they want, they turn off the ftream, and dig dry. The earth that they now get, is carried on mules, and difeharged into a bafin, made fomewhat in the manner of a fmith’s bellows ; 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 bafin, 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- vatorieSy particularly pieces of twenty-four ounces each. There are feveral lavatories, where they find pepitas, or pieces of virgin gold, of a prodigious fize. 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 ihe lavatories of Andacoll, the gold whereof is 23 carats fine.—Their works here always turn to great profitj excepting when the water fails them.—-The 3 natives maintain that the earth is creative, that is, Lavatory it produces gold, continually j becaufe, after having II been wafhed 60 or 80 years, they find it impreg- , L,'ud' nated afrefli, and draw almoft as much out of it as at firft. LAUBACH, a handfome and ftrong town of Ger¬ many, in the circle of Auftria, and in Carniola, with a biftiop’s fee, a eaftle, and very handfome houfes. It is feated on a river of the fame name, wherein are the largeft crawfifti in Europe. E. Long. 14.45. N. Lat. 46. 20. LAUD, William, archbilhop of Canterbury in the 17th century, was born at Reading in 1573, and educated in St John’s college, Oxford, of which he was afterwards a fellow and grammar reader. In 1610, he went into orders. In 1611, he was ele&ed prefident of St John’s college ; but his election being difputed, it was confirmed by his majefty. The fame year he was {worn the king’s chaplain. In 1621, he was nominated bifhop of St David’s. In 1628, he was tranflated to the bifliopric of London. In 1630, he was elefttd chancellor of the univerfity of Oxford. In 1633, he attended the king into Scotland, and w-as fworn a privy counfellor for that kingdom. During his flay in Scotland, he formed the refolution of bring¬ ing that church to an exadf conformity with the church of England. In the fame year, he fuccetded Archbi¬ lhop Abbot in the fee of Canterbury j 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, the 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 commiffioners of the trea- fury •, and on the 6th of March 1635 he received the ftaff of lord high treafurer of England. In order to prevent the printing and publilhing what he thought improper books, he procured a decree to be paffed in the ftar-chamber, on the 11th of July 1637, whereby it was enjoined that the mafter 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 ohancellors of the two univerfities. A new parliament being firm- 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 j. and made 17 canons, which were fuppofed to be form¬ ed under the immediate direftion 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 law's and ftatutes of this realm, to the rights of par¬ liament, to the property and liberty of the fubje£l, and tending to fedition, and of dangerous confequence he was, on the 18th of December, accufed by the commons of high treafon, and lent to the Tower* » Being LAV [ 573 1 L A U Laud II Lauder. 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 loth following, in the ']2d year of his age. This learned prelate, notwithftanding his being charged with a defign to bring in Popery, wrote an Anfwer to Dr Fiiher, which is efteemed one of the belt pieces that has been printed againft that religion. He was temperate in his diet, and regular in his private life : but his fondnefs for introducing new ceremonies, in which he {bowed a hot and indifereet 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 contradict his fenti- ments, expofed him to popular hatred. Befides his Anfwer to Fifher, he publifhed 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- fons to fpeak to the character of the prifoner. The leaft number of the laudciorfs among the Romans was ten. LAUDER, William, a native of Scotland, was educated at the univerfity of Edinburgh, where he fi- nilhed his Itudies with great reputation, and acquired a confiderable knowledge of the Latin tongue. In May 22. 1734, he- received a teftimonial from the heads of the univerfity, certifying that he was a fit perfon to teach humanity in any fchool or college whatever. In 1739 he publilhed at Edinburgh an edi¬ tion of Johnfton’s Pfalms. In 1742, he was recom¬ mended by Mr Patrick Gumming and Mr Colin Mac- laurin, profeflfors of church hiftory and mathematics, to the mafterlhip of the grammar fchool at Dundee, then vacant. Whether he fucceeded 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- ftruCtion 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 honefly. He began firft to retail part of his de¬ fign in the Gentleman’s Magazine, 1747 i an^ find¬ ing that his forgeries were not detected, was encou¬ raged in 17?! to colleCt them, with additions, into a volume, entitled, “ An Efiay on Milton’s Ufe and Imi¬ tation of the Moderns in his Paradife Loft,” 8vo. 'ihe fidelity of his quotations had been doubted by feveral people ; and the falfehood of them -was foon after de- jmonftrated by Dr Douglas, in a pamphlet, entitled, “ Milton Vindicated from the Charge of Plagiarifm brought againft him by Lauder, and Lauder himfelf convicted of feveral Forgeries and grofs Impofitions on the Public: In a Letter humbly addrefled to the Right Honourable the Earl of Bath, 1751,” 8vo. Uhe ap¬ pearance of this DeteCtion overwhelmed Lauder with confufion. He fubfcribed a confeflion, dictated by a learned friend, wherein he ingenuoufly acknowledged his offence, which he profeffed to have been occafioned by the injury he had received from the difappointment of his expectations of profit from the publication of Johnfton’s Pfalms. This misfortune he afcribed to a couplet in Mr Pope’s Dunciad, Book iv. ver. 3* an(i ^ from thence originated his rancour againft Milton. He afterwards imputed his conduCt to other motives j aba¬ ted the few friends who continued to countenance him j 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 w as mean and defpicable j and he palled the remainder of his life in univerfal contempt. “ He died (fays Mr Nicholas) fome time about the year 1771? as ray friend Mr Reed was informed by the gentleman who read the funeral fervice over him.” LAUDICOENI, amongft the Romans, applauders, wdio for reward entered the rehearfal-rooms, attended the repetition of plays, and w'ere in waiting when ora¬ tions w ere pronounced, in order to raife or increafe the acclamation and applaufe. LAUDOHN, Field Marshal, a celebrated ge¬ neral in the Imperial fervice, born in 17I6, was a na¬ tive of Livonia, and defcended from a Scottifh family. He made his firft campaigns under Marlhal Munich, in the war of 1738, between the Ruffians and Turks; and was at the taking of Oczakow, Choczim, and Staw- utzchame, where the Turks wrere entirely defeated. Frederick the Great refufed, in 1741, to take young Laudohn into his fervice, faying he did not like his countenance j though this monarch, who was confider- ed as the greateft general of his age, afterwards faid, that he often admired the pofitions of other generals, but that he had ever dreaded the battles of Laudohna In 17<;6, 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. Pie refcued Olmutz, when befieged by the Pruffians; beat the king himfelf at PVankfort on the Oder •, at Zorn- dorf, took General Fouquet prifoner j carried Glatz and Schweidnitz by affault ; and flopped the progrefs of Frederick in a w:ar which might have proved fatal to the houfe of Auftria. In 1778, when elevated to the rank of marftial, at the head of 60,000 men, he hindered Henry, brother to the king of Pruflia, 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 Csefar, Veni, vide, •vici. But at his head quarters in Moravia, he was feized with a fever, in confequence of an operation he underwent for an obftrutftion in the urethra. His im¬ patience under the medical applications, the impetuous ardour of his chara&er, and the knowledge, above all, of his importance in the war, contributed to irritate his mind, and promote the violence of the fever. He re- ftfted 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¬ der the acceflion 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 j though, here¬ tofore, it ended the office of the night. The laudes eonfift principally of pfalms, hymns, &c.. Lauder 11 Lauds. L A U Lauds 1! laughter. &c. whence they took their name, from Ians, laudis, “ praife.” LAVENHAM, or Lakham, 6i miles from Lon¬ don, is a pleafant and pretty large town of Suffolk, on a branch of the river Eret, from whence it rifes gra¬ dually to the top of a hill, where are its church, which is a very handfome Gothic Itrudlure, and in which are f'everal ancient monuments’, and a fpacious market¬ place, encompaffed with nine ftreets or divilions, in a very healthy free air. It had formerly a very confi- derable trade in blue cloth ; and had three guilds or companies, with each their hall. It has ftill a confi- derable manufactory of ferges, lhalloons, fays, (tuffs, and fpinning fine yarn for London 5 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 weight. Here is a free fchool and a bridewell, part of which is a workhoufe where the poor children, &c. of the pariffi are employed in fpinning hemp, flax, 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 Englifh exids here. LAVENDER. See Lavandula, Botany, and Materia Medica Index. LAVER, in fcripture hidory, a facred utenfil pla¬ ced in the court of the Jewiffi tabernacle, confiding of a bafon, whence they drew water by cocks, for waffling the hands and feet of the officiating priefts, and alfo the entrails and legs of the viClims. LAVERNA, in antiquity, the goddefs of thieves and cheats among the Romans, who honoured her with public worffiip, becaufe (lie was fuppofed to favour thofe who wiffied that their defigns might not be difcovered. Varro fays, that (lie had an altar near one of the gates of Rome ; hence called porla lavernalis. LAUGER1A, a genus of plants belonging to the pentandria clafs, and in the natural method ranking among thofe of which the order is doubtful. See Bo¬ tany Index. LAUGHTER, an affeftion peculiar to mankind, occafioned bv fomething that tickles the fancy. In lauohter, the eyebrows are raifed about the middle, and drawn down next the nofe ; the eyes are almoft (hut ; 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 j and the eves wet. Authors attribute laughter to the fifth pair of nerves, which fending branches to the eye, ear, lips, tongue, palate, and muffles of the cheek, parts of the mouth, prsecord'a, &c. there hence arifes a fympathy, or con- fent, between all thefe parts; fo that when one of them is acled upon, the others are proportionahly af- fcifted. Hence a favoury thing feen, or f elt, affeeffs the glands, and parts of ffie mouth ; a thing feen, or be vd, that is (hameful, affeefs the chetks with blufhes ; on the contrary, if it pleaff and tickle the fancy, it af- £e£ts the prsecordia, and muffles of the mouth and face, r 574 1 L A u with laughter; if it caufe fadntfs and melancholy, it Laughter. like wife affeils the pnecordia, and demonihates itfelf by caufing the glands of the eyes to emit tears. Dr Willis accounts for the pleafure of kiffing from the fame caufe ; the branches of this fifth pair being fpread to the lips, the praecordia, and the genital parts ; ivhence arifes a (ympathy between thofe parts. The affection of the mind by which laughter is pro¬ duced is (eemingly lb very different from the other paffions with which we are endowed, that it hath en¬ gaged the attention of very eminent perfons to find it out.— 1. Aiiftotle, in the fifth chapter of his Puetics, obftrves of comedy, that “ it imitates thofe vices or meanneffes only which partake of the ridiculous : now the ridiculous (fays he) confiffs 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 fudden glory arifing from fome fudden conception of fome eminency in ourfelves, by comparifon with the infirmity of others, or with our own formerly. For men (continues he) laugh at the follies of themfelves paft, when they come fud- denly to remembrance, except when we bring with them any iudden diftionour.” 3. Akenfide, in the third book of his excellent poem, treats of ridicule at confiderable length. He gives a detail of ridi¬ culous chara&ers ; ignorant pretenders to learning, boaftful (bldiers, 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 trifles, romantic lovers, wits wantonly fatirical, fops that out of vanity appear to be difeafed and profligate, daftards who are affiamed or afraid without reafon, and fools who are ignorant of what they ought to know. Having finifti- ed the detail of charadters, he makes fome general re¬ marks on the caufe of ridicule ; and explains himfflf more fully in a profe definition illuftrated by examples. The definition, or rather defeription, is in thefe words: “ That which makes objefts ridiculous, is ibme ground of admiration or efteem connected with other more ge¬ neral circumitances comparatively worthlefs or deform¬ ed : or it is fome circumftance of turpitude or defor¬ mity connedted with what is in general excellent or beautiful; the inconfiffent properties exiiting either in the objedts themfelves, or in the apprehmiion of the perfon to whom they relate ; belonging always to the fame order or clafs of being ; implying lentiment and defign, and exciting no acute or vehement commotion of the heart.” 4. Hutchefon has given another ac¬ count of the ludicrous quality, and ffems to think that it is the contraft or oppofition of dignity and meannefs which occafions laughter. All thele opinions are refuted by Dr Beattie in his Effay on Laughter and Ludicrous Compofition, where he has treat'd the fubjedl in a mafterly manner. “ To provoke laughter (fays he), is not effential either to wit or hum'ur. For though that unexpedled difeovery of refembfmee between ideas fuppofed diffimilar, which is called wit—and that comic exhibition of lingular cha- radlers, fentimems, and imagery, which is denominated humour,—do frequently raife laughter, they do not raife it always. Addifon’s potm to Sir Godfrey Km Her, in which the Britifh kings aie likened to heathen gods, is exquifitely witty, and yet not laughable. Pope’s „ Effay L A U [ 575 1 L A U taupfoter. Eday on Man abounds in ferlous wit 5 and examples ‘—“"V--' of ferious humour are not uncommon in Fielding’s Hiftory of Parfon Adams, and in Addifon’s account of Sir Roger de Coverley, Wit, when the fubject is grave, and the allufions fublime, raifes admiration in- itead of laughter : and if the comic Angularities of a good man appear in eircumftances of real dillrefs, the imitation of thefe Angularities in the epic or dramatic comedy will form a fpecies of humour, which,, if it fnould force a fmiie, will draw forth a tear at the fame time. An inquiry, therefore, into the diifinguilhing chara&ers of wit and humour has no neceffary connec¬ tion with the prefent fubjedf. li Some authors have treated of ridicule, without marking the diftinotion between ridcu/ous and ludicrous ideas. But I prefume the natural order of proceeding in this inquiry, is to begin with afeertaining the na¬ ture of what is purely ludicrous. Things 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 diiapprobation and contempt. My deAgn 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 objects, qualities, or ideas, occur to our fenfes, memory, or imagination, we fmiie or laugh at them, and expeft that other men fliould do the fame. To fmiie on certain occaAons is not lefs natural, than to weep at the Aght of diftrefs or cry out when we feel pain “ There are different kinds of laughter. As a boy, paffing by night through a churchyard, Angs or whif- ties in order to conceal his fear even from himfelf; fo there are men, who, by forcing a fmiie, 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 ; the features diftorted by it feem horrible to the eye. A mixture of hypocrify, malice, and cruel joy, thus dif- played on the countenance, is one of the moft hateful lights in nature, and transforms the “ human face di¬ vine” into the vifage of a Aend. Similar to this is the fmile of a wicked perfon pleaAng himfelf with the hope of accomplithing his evil purpofes. Milton gives a ill iking pifture of it in that well-known paffage : He ceas’d ; for both Teem’d highly pleas’d \ and Death Grinn’d horrible a ghaftly fmiie, to hear His famine fliould be Ail’d, and bleft his maw Deftin’d to that good hour. But enough of this. Laughter that makes a man a Aend or a monfter, I have no inclination to analyze. My inquiries are conAned to that fpecies of laughter which is at once natural and innocent. “ Of this there are two forts. The laughter occa- Aoned by tickling or gladnefs is different from that which arifes on reading the Tale of a Tub. 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 Ihould term fentimentah Smiles admit of Amilar divlAons. Not to mention the fcornful, the envious, the malevolent fmiie, I would only re¬ mark, that of the innocent and agreeable fmiie there axe two forts. The one proceeds from the rifible emo¬ tion, and has a tendency to break out into laughter. The other is the effedl of good humour, complacency, and tender affedtion. This laft fort of fmiie renders a countenance amiable in the higheft degree. Hi mer aferibes it to Venus in an epithet 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 goddefs 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 convulAon which has been known to accompany a change of fortune. This paffion may, as well as joy and forrow, be com¬ municated by fympathy •, 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 diftinguifh them. The former is often exceflive 5 the latter never, unlefs heightened by the other. The latter is always plea¬ Ang, both in itfelf and in its caufe; 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 objefts being prefented to it, of which emotion we may be confcious even when we fupprefs laughter ;—- 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 animal fpirits, pro¬ ceeding, or Teeming to proceed, from the operation of caufes purely material. The prefent inquiry regards that fpecies that is here diilinguilhed by the name of fentimental laughter. “ The pleaAng emotion, ariAng from the view of ludicrous ideas, is known to every one by experience ; but, being a Ample feeling, admits not of definition. It is to be diftinguilhed from the laughter that gene¬ rally attends it, as forrow is to be diilinguilhed from tears ; for it is often felt in a high degree by thofe who are remarkable for gravity of countenance. Swift feldom laughed, notwithftanding his uncommon ta¬ lents in wit and humour, and the extraordinary delight he feems to have had in furveying the ridiculous fide - cf things. Why this agreeable emotion ftiould 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 nature. — 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 fen¬ timent or emotion whereof laughter is the external %n* . “ Philofophers have differed in their opinions con¬ cerning this matter. In Ariftotle’s definition quoted above, it is clear that he means to charaifterize, not laughable qualities in general (as fome have thought), but the objefts of comic ridicule only j and in this viewr the definition is juft, however it may have been overlooked or defpifed by comic writers. Crimes and misfortunes are often, in modern plays, and were fometimes in the ancient, held up as objtdls of public merriment j but if poets had that reverence for L A U [ 576 ] L A U Laughter. for nature which they ought to have, they would not V‘”“" v—"—'' {hock the common fenfe of mankind by fo ablurd a reprefentation. The definition from Ariftotle does not, however, fuit the general nature of ludicrous ideas 5 for it will appear by and by, that men laugh •at that 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 jultly obferves, after quoting the words of Mr Hobbes formerly mentioned, that “ according to this account, when we hear a man laugh exceflively, inltead of fay¬ ing that he is very merry, we ought to tell him that he is very proud.” It is ftrange, that the elegant au¬ thor flrould 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 confiiered as a fign of pride •, perfons of Angular gravity being / often fufpedted of that vice, but great laughers feldom or never. When \re 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 this theory, that the vainejl part of mankind are moft addi&ed to the paflion of laughter. Now, how can this be, if the proudeft part of mankind are alfo moft addicted to it, unlefs we 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 own importance : the vain man ftands in need of the applaufe of others, and cannot be happy wfithout it. Pride is apt to be referved and fullen } va¬ nity is often affable, and officioufly obliging. The 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 paffions 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 eaufe 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 unfatisfatftory. Granting what he fays to be true, I would obferve, in the firft place, what the in¬ genious author feems to have been aware 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 objeit. Nor was that perfon either ludicrous or ridiculous, whom Pope fo juftly chara&efifes, u The greateft, wifeft, meaneft of mankind.” -—But, fecondly, cafes might be mentioned, of laugh¬ ter arifing from a group of ideas or objects, where- ln there is no difcernible oppofition of meannefs or dignity. We are told of the dagger of Hudibras, Laughter, that —-y—_ “ It could ferape trenchers, or chip bread, “ Toaft cheefe or bacon, though it were “ To bait a moufe trap, ’twou’d not care j “ ’Twou’d make clean fhoes, or in the earth “ Set leeks and onions, and fo forth.” The humour of the paffage cannot arife from the mean¬ nefs of thefe offices compared with the dignity of the dagger, nor from any oppofition of meannefs and dig¬ nity in the offices themlelves, they being all equally mean ; and muft therefore be owing to fome peculia¬ rity in the defeription. 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 infignificant as himfelf, and dif- plays no oppofition of dignity and meannefs. The le¬ vities of Sancho Pai^a oppofed to the folemnity of his mafter, and compared with his own fchemes of prefer¬ ment, form an entertaining contraft : but fome of the vagaries of -that renowned fquire are truly laughable, even when his preferment and his mafter are out of the queftion. Men laugh at puns ; the wifeft and wittieft of our fpecies have laughed at them; Queen Elizabeth, Cicero, and Shakefpeare, laughed at them j clowns and children laugh at them j and moft 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 diverfity,—famenefs in the found, and diver- fity in the fignification ? “ In the charaflers mentioned by Akenfide, the author does not diftinguifh between what is laughable and what is contemptible ; fo that we have no reafon 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 exa£t account of the ludi¬ crous quality than is to be found in any of the theo¬ ries above mentioned. This paffage we ftiall foon have occafion to quote.” Our author now goes on to lay down his own theory concerning the origin of laughter, which he fuppofes to arife from the view of things incongruous united in the fame affemblage. “ However imperfeft (fays he) the above-mentioned theories may appear, there is none of them deftitute of merit 5 and indeed the moft fanci¬ ful philofopher feldom frames a theory without confult- ing nature in fome of her more obvious appearances. Laughter very frequently arifes from the view of dig¬ nity and meannefs united in the fame objedl j fome- times, no doubt, from the appearance of affumed infe¬ riority, as well as of fmall faults and unimportant tur¬ pitudes j 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 j or fomething that difpofes the mind to form a comparifon, by paffmg from L A U [ 577 1 L A U Lsmglitev from one object or idea to another. That this is in faif the cafe, cannot he proved a priori; but this holds in all the examples hitherto given, and will be found to hold in ail 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 difpofing the mind to form a comparifon ? According to the theory of Hobbes, this comparifon would be between the lu¬ dicrous objedt and ourfelves •, according to thofe wri¬ ters who mifapply Ariitotle’s definition, it would feem to be, formed between the ludicrous objedl and things or perfons in general 5 and if we incline to Hutchefon’s theory, which is the beft of the three, we thall think that there is a comnarifon of the parts of the ludicrous objedl, firft 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 filh, or a bird, is not ludicrous, though iteonfifls of many parts \ and it may be com¬ pared to many other things without raifing laughter j but the pidlure defcribed in the beginning of the cpiltle to the Pifoes, with a man’s head, a horfe’s neck, feathers of different birds, limbs of different beafts, and the tail of a filh, would have been thought ludicrous 1800 years ago, if we believe Horace, and in certain eircumfiances would no doubt be fo at this day. It would feem then, that ‘ the parts of a laughable affem- blage mull be in fome degree unfuitable and heteroge¬ neous.’ “ Moreover : any one of the parts of the Horatian monfter, a human head, a horfe’s neck, the tail of a filh, or the plumage of a fowl, is not ludicrous, in it- felf j 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 Ihelves of a mufeum, or even on the fame Ihelf, nobody would laugh, except, perhaps, the thought of uniting them were to occur to his fancy, or the paffage of Horace to his memory. It feems to follow, that { the incongruous parts of a laughable idea or objedl muft either be com¬ bined fo as to form an affemblage, or muft be fuppofed to be fo combined.’ cs May we not then conclude, ‘ that laughter arifes from the view of two or more inconfiftent, unfuitable, or incongruous parts or circumftances, conlidered as united in one complex objedt 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 Akenlide formerly referred to, feem to point at the fame dodtrine : Where-e’er the pow’r of ridicule difplays Her quaint ey’d vifage,j/oOTtrj fince Richard II. till by a late adl of parliament the lord chancellor or lord keeper was empowered to name any other place in the county for it ; fince which the fummer affizes 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 adl was made for the repair of this and other de¬ cayed Cornish boroughs ; and it endowed this town with the privileges of a fanftuary, though it does not appear to have ufcd them. It had a monafttry and a noble callle, which, becaufe of its fttength, was called cajlle terrible, and was given by King Richard I. to bis 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 caflle is ufed for the gaol. LAUNCH, in the fea language, fignifies to put out: as, Launch the fiip, 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 ; launch ho! is a term ufed when a yard is hoifttd high enough, and fignifies hof no more. See alfo Lanch. LAUNDER, in 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 waflied into the launder by the water from the- coffer, is always finefl neareit the grate, and coarfer all the way down. LAVOISIER, Antoine Laurent, a celebrated chemical philofopher, was born at Paris on the 26th of Auguft 1745. 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 hav¬ ing been offered by the French government in the year 1764, for the beft and mod; economical method of light¬ ing the ft reels of an extenfive city, our author, although at that time only 21 years of age, gained the gold me¬ dal j and his excellent memoir was publifhed by the academy, of which he became a member on the 13th of May 1768. Hfe attention was alternately occupied with the pretended converfion of water into earth, the analyfis of the gypfum found in the vicinity of Paris, the congelation of water, the phenomena of thunder, and the aurora borealis. By undertaking journeys with Guettard into every province of France, he was enabled to procure an im- menfe variety of materials for a defeription of the mi- neralogical kingdom, ferving as the foundation of a great work on the revolutions of the globe, two ad¬ mirable {ketches of which are to be feen in the memoirs of the French academy for 1772 and 1787* whole time and fortune were dedicated to the cultiva¬ tion of the fciences, nor did he feem more attached to one than to another, till an interefting event decided his choice in favour of chemiftry. The difeovery of LAV [ 579 3 L A U %svoifier. gafes was juft made known to tke learned world, by Black, Prieftley, Scheele, Cavendifti, and Macbride, which appeared like a new creation. About the year 1770, Lavoifier was fo ftruck with the grandeur and importance of 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£live philofophy, and all his experiments had a diredl reference to general views. He publilhed his chemical opufcules in the year 1774, containing a hiftory of whatever had been done "before refpe&ing the gafes, and concluding with his own grand and interefting experiments. He demon- ftrated that metals, in calcination, derive their increafed weight from the ^rforption of air, of which he after¬ wards proved that nitrous acid is compofed. His che¬ mical ingenuity was now fo well known, that Turgot employed him in 1776 to infpeft the manufa&ure of gunpow'der, which he made to carry 120 toifes inftead of 90. In the year 1778 he difcovered that all .acids con¬ tain the refpirable portion of the atmofphere as a con- flituent principle, and to this he gave the name of oxygen. This was the firft grand ftep towards the new chemiftry, which was fully completed by his confirming the difco¬ very of the compofition of water, afcertained in 1783. His Elements of Chemiftry were publilhed in 1789, which is a beautiful model of fcientific compofition, elegant, clear, and logical. His celebrated fyftem was almoft univerfally adopted in a very few years, fo full was the convidtion it carried along with it to every can¬ did, reflecting mind. The laft of Lavoifier’s philofo- phical works was on the perfpiration of animals, firft read to the academy on the 4th of May 1791. By a number of the niceft experiments, he found that a man in one day perfpires 45 ounces j that he confumes 33 ounces of vital air, or oxygen ; that 8 cubic feet of carbonic acid gas are difcharged from his lungs j that the weight of water difcharged from the lungs is 23 ounces, compofed of 3 of hydrogen and 20 of oxygen, which interefting difceveries he diredled to the improve¬ ment of medicine. 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 •, fuch as the analyfis of atmofpherieal air, the formation of elaftic fluids, the properties of the matter of heat, the compofition of acids, the decompofition of water, &c. &c. To the fciences, arts, and manufactures, he rendered the molt effential 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- fulted by the national convention as to the moft eligi¬ ble means of improving the manufadture of affignats, and of augmenting the difficulties of forging them. He turned his attention alfo to political economy, and between 1778 and 1785, he allowed 240 arpcnts in the Vendomois to experimental agriculture, and increaf¬ ed the ordinary produce by one half. In I79I> the conftituent affembly invited him to draw up a plan for rendering more Ample the colledlion of the taxes, which produced an excellent report, printed under the title of Territorial Riches of France. While the horrors of Robefpierre’s ufurpation con¬ tinued, he ufed to obferve to Lalande that he forefaw Lavoifter he would be deprived of all his property, but that he ^ was extremely willing to work for his fubfiftence •, and ^ it is fuppofed that he meant to purfue the profeffion of apothecary, as moft congenial to his ftudies. But the unrelenting tyrant had already fixed his doom. He fuf- fered on the fcaffold with 28 farmers-general on the 8lh of May 1794, for no other crime but becaufe he was opulent. A paper was prefented to the tribunal, drawn up by Citizen Halle, containing a defcription of the works, and a recapitulation of the merits, of Lavoifier, fufficient to make an imprefllon on the moft obdurate heart $ but it was not even read by thefe men, who were the blind, ftupid, and ferocious inftruments of cruelty and death. A man fo rare and fo extraordinary ought to have enjoyed the refpedl of the moft ignorant, and even the moft wicked. To produce the contrary, it was necef- fary that power fhould fall into the hands of a tyrant who refpefted none, and whofe blind and fanguinary ambition facrificed every thing to the defire of pleafing the people. Lavoifier was tall, and poffeffed a countenance full of benignity, through which his genius (hone confpicu- ous. As to his charafter, it was mild, humane, foci- able, obliging j and he difcovered an incredible degree of aftivity. He had great influence on account of his- credit, fortune, reputation, and his office in the trea- fury j but all the ufe he made of it was to do good : yet this did not prevent jealoufy on the part of others. In 1771 he married Marie-Anna-Pierette-Paulze, the daughter of a farmer-general, whofe excellent accom- plilhments formed the delight of his life, who affifted him in his labours, and even drew the figures for his laft work. She had the misfortune to behold her fa¬ ther, hufband, and intimate friends, affaffinated in one day : Ihe was herfelf imprifoned, and even menaced with a fimilar fate ; but the unlhaken fortitude of her mind made her rife fuperior to the horrors of her con¬ dition. We learn that {he has lince given her hand to the celebrated Count Rumford. LAURA, in church hiftory, a name given to a col- leftion of little cells at feme diftance from each other, in which the hermits in ancient times lived together in a wildernels. Thefe hermits did not live in community, but each monk provided for himfelf in his ditlinft cell. The moft celebrated lauras mentioned in eeclefiaftical hi¬ ftory were in Paleftine : as the laura of St Euthy- mus, at four or five leagues diftance from Jerufalem j 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 conftfts only in compofing an ode annually on his majefty’s birth day, and on the new year) fometimes alfo, though rarely, on occafion of any remarkable vidlory.—Of the firft inftitution of poets laureate, Mr Wharton has given the following account in his hiftory of Englifh poetry. “ Great ednfufion has entered into this fubjeft, on account of the degrees in grammar, which included rhetoric and verfification, anciently taken in our uni- verfities, particularly at Oxford : on which occafion, a wreath of laurel was prefented to the new graduate, who was afterwards ufually ftyled Poeta Laureatus. 4 D 2 Thefe L A U [ 580 ] L A U Laureate Thefe fcholaftic laureations, however, feem to have “"■'V—given rife to the appellation in queftion. i will give feme inflances at Oxford, which at the fame time will explain the nature of the ftudies for which our acade¬ mical phildlogifts received their rewards. About the year 1470, one John Watfon, a lludent in grammar, obtained a cunceflion to be graduated and laureated in that fcience *, on condition that he computed one hun¬ dred Latin verfes in praife of the univerfity, and a La¬ tin comedy. Another grammarian was diitinguiihed with the fame badge, after having fiipulated, that at the next public aft, 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. ft his was at that period the moft convenient mode of publi¬ cation. About the fame time, one Maurice Byrehen- faw, a fcholar in rhetoric, fupplicahd to be admitted to read leftures, that is, to take a degree in that fa¬ culty ; and his petition was granted, with a provilion, that he ffiould write one hundred verfes on the glory of the univerfity, and not fuffer Ovid’s Art of Love, and the Elegies of Pamphilius, to be ftudied in audi¬ tory. Nut long afterwards, one John Bulman, ano¬ ther rhetorician, having complied with the terms im- pofed, of explaining the firll book of 'Lully’s Offices, and likewife the firft of his Epiltles, without 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 was permitted to wear his laurel at Cambridge, ilobert Whittington affords the laft in- ftance of a rhetorical degree at Oxford. He w as a fe- cular prieft, and eminent for his various treatiies in grammar, and for his facility in Latin poetry : having exercifed his art many years, and fubmitting to the cuftomary demand of a hundred verfes, he was honour¬ ed with the laurel in the year 1312. “ With regard to the poet laureate of the kings of England, he is undoubtedly the fame that is flyled the king's verifier, and to whom 100 (hillings were paid as his annual ftipend in the year 1251. But when or how that title commenced, and whether this officer was ever folemnly crowned with laurel at his firft invef- titure, I will not pretend to determine, after the fearches of the learned Selden on this queftion have proved unfuccefsful. It feems moft: probable, that the barbarous and inglorious name of verjifier gradually gave way to an appellation of more elegance and dig¬ nity : or rather that at length thofe only w'ere in general invited to this appointment, who had received academical fanftion, and had merited a crown of lau¬ rel in the univerfities for their abilities in Latin com- pofition, particularly Latin verfification. ft'hus the king's laureate was nothing more than ‘ a graduated rhetorician employed in the fervice of the king.’ ft'hat he originally wrote in Latin, appears from the ancient title verjificator: and may be moreover collefted from the two Latin poems, which Bafton and Gulielmus, who appear to have refpeftively afted in the capacity of royal poets to Richard L and Edward II. officially compofed on Richard’s crufade, and Edward’s fiege of Siriveling caftle. “ Andrew Bernard, fucceflively poet laureate of Henry VII. and VIII. affords a ftill ftronger proof that this officer was a Latin fcholar. Ke was a na- Laureate tive of ft’houloufe, and an Auguftine monk. Hewas^. . ^ not only the king’s poet laureate, as it is fuppofed, j but his hiftoriographer, and preceptor in grammar to Prince Arthur. He obtained many ecclefiattical pre¬ ferments in England. All the pieces now to be found, which he wrote in the charafttr of poet laurt-ate, are in Latin, ft’hefe are, An Addrefs to Henry VIII. for the moft aufpicious beginning of the 10th year of his reign, with an on the marriage of Francis the dauphin of France with the king’s daughter A New Year’s Gift for the yeai x.515 5 and, Verfes wifh- ing profperity to his majefty’s 13th year. He has left feme Latin hymns; and many of his Latin profe pieces, which lit wrote in the quality of hiftoriographer to both- monsrv hs, are remaining. “ 1 am of opinion, that it was not cuftomary for the royal laureate to write in Engliffi, till the reforma¬ tion of religion had begun to dimil.iffi the veneration for the Latin language ; or, rather, till the love of novelty, and a better fenfe. of things, had baniffied the narrow pedantries of monaftic erudition, and taught us to cultivate our native tongue.” LAUREL. See Prunus and Laurus, Botany Index. Laurels, pieces of gold coined in the year l6l9‘, with the king’s head laureated, which gave them the name of laurels ; the 20s. pieces whereof were marked w'ith XX. the 10s. X. and the 5s. pieces with V. LAURENS Castra. See Laurentum. LAURENTALIA, or Larentalia, called alfo Larentitraha, Laurentales, and Larentales, feafts cele¬ brated among the Romans on the 10th of the kalends of January, or 23ft of December, in memory of Acca Laurentia, wife of the fhepherd Fauftulus, and nurfe of Romulus and Remus. Acca Laurentia, from whom tire folcmnity took its name, is reprefented as no lefs remarkable for the beau¬ ty of her perfon, than her lafeivioufnefs; on account of which the w as nick-named by her neighbours lupa, “{he wolf;” which is faid to have given rife 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, ffie left to the Roman people ; in confideration whereof they performed to her thele honours ; though others repre- fent the feaft as held in honour of Jupiter Latiaris. See Larentinalia and Lares. LAURENT!US, one of the firft printers, and, according to fome, the inventor of the art, was born at Haerlem about the year 137c, and executed feveral departments of magiftracy of that eity. Ihote writ¬ ers are miftaktn who affign to him the furn-ame of Cc/ler, or affert that the office of tedituus 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 /h/^er is mentioned by the name of Jczinnes Laurentn films, Beroldus is called erdituus, who was furely of another family ; and in 139^ and 1398 Henrkus a Lunen enjoyed that office ; after whofe refignation, Count Albert conferring on the ci¬ tizens the privilege of elefting their aedituus, they, probably foon after, fixed on Laurentius : who was afterwards calbd Cofier from his office, and not from his family name, as he was defeended irom an illegiti¬ mate L A U [ 581 ] L A U Laursntius, mate brancli of tlie Gens'Erederodia. His office was Lauren- very lucrative j and that he was a man of great proper- tiUTn' ty, the elegance of his houfe may teftify. That he was v the investor of printing, is afierted in the narrative of Juniws. His firft work was an Horarium, containing the Letters of the Alphabet, the Lord’s Prayer, the Apoftles Creed,■ and two or three (liort Prayers ; the next was the Speculum Salutis, in which he introduced piElurex on wooden blocks; then Donatus, the larger fize •, and afterwards the fame work in a lefs fize. All thefe were printed on feparate moveable wooden types fattened together by threads. If it be thought im¬ probable, that fo ingenious a man thould have proceed¬ ed no farther than the invention of wooden types; it may be anfwered, that he printed for profit, not for fame j and wooden types were not only at that time made fooner and cheaper than meted could be, but were fufficiently durable for the fmall impreffions of each book he mutt neceffarily have printed.—-His prefs was nearly lhaped like the common wine-prefles.—He printed fome copies of tf/Zhis books both on paper and vellum.— It has been very erroneoutty fuppofed, that he quitted the profeffion, and died broken hearted : but it is certain, that he did not live to fee the art brought to perfection.—He died in 1440, aged 70;' and w’as fucceeded either by his fon-in-law, Thomas Peter, who married his only daughter Lucia j or by their immediate defcendants, Peter, Andrew and Tho¬ mas 5 who w’ere old enough (even if their father was dead, as it is likely he was) to conduCt the hufinefs, the eldeft being at leaft 22 or 23. What books they printed it is not eafy to determine j 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 year. Their firfi: eflfays were new editions of Do¬ natus and the Speculum. They afterwards reprinted the latter, with a Latin tranflation, in which they ufed their grandfather’s wooden pictures: and printed the book partly on wooden blocks, partly on wooden feparate types, according to Mr Meerman, who has given an exaCt engraving of each fort, taken from different parts of the fame book, which was publilhed between the years 1442 and 1450. Nor did they flop here j they continued to print feveral editions of the Speculum, both in Latin and in Dutch j and many other works, particularly “ Hiftoria Alexandri Magni “ Flavii Veda tit [for Vegetii'] Renati Epitome dc 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, by their great 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 j as the ufe offufltypes was 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/Iory f) Printing. LAURENTlUM, or Laurens Castra, in Jn- clent Geography, a town of Latium, fuppofed to be the royal refidence of thofe moft ancient kings Latinus, Picus, and Faunus, (Virgil), Hither the emperor Commodus retired during a peftilence. Its name washaurentium from an adjoining grove of bay trees, midway between H Oftia and Antium. Suppofed to have flood in the ^'au^nne‘r place now called San Lorenr-o ; 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 afterwards ftudied under Angelo Carofello, his brother-in-law ; and proved fo great a proficient, that in a {hurt time he far furpafftd his tutor in defign, colouring, and elegance oftafte. He applied himfelf to painting hiftorical fubjeCls in a fmall fize, enriching the back grounds with lively landfeapes, that afforded the eye and the judgment equal entettain- ment •, but though his fmall paintings are bell approved, he finilhed feveral grand compofitions for altar pieces that were highly efteemed. He died in 1694J and'his works 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, was defeated and flain. Now Lorigne, five leagues to the north of Liria in Valencia. L AURUS, the Bay Tree, a genus of plants be¬ longing to the enneandria clafs j and in the natural method ranking under the 12th order, Holoracece. See Botany Index. LAUS, or Laos, in Ancient Geography, a river of Italy, feparating Lueania from the Bruttii, and run¬ ning from ealt to weft into the Tufcan fea j 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, Pliny, and Stephanus. Both town and river are now called Laino, in the Calabria Citra j and the bay called Golfo della Scalea, or di Policafro, two adjoining towns, is a part of the Tufcan fea, extending, between the promontory Palinurus and the mouth of the Laus. Laus Pompeia,. in Ancient Geography, a town of Infubria, fituated to the eaft of Milan, between the rivers Addua and Lamber. A town built by the Boit after their paffing the Alps: its ancient Gaulic name is unknown. Strabo Pompeius, father of Pompey, leading thither a colony, gave it a new name, and con¬ ferred the Jus Lath 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- LA US ANNE, 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 bilhop’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 ftands on an afcent, fo fteep that in fome places the horfes cannot draw up a carriage without great difficulty, and foot paffengers afcend to the up¬ per parts of the town by fteps, Here is an academy for the ftudents of the country j the profeffors are ap¬ pointed by government j and there is a pretty good pub¬ lic library. The church, formerly the cathedral, is a magnificent Gothic building, Handing on the molt ele¬ vated part of the town. Among other fepulchres it contains that of Amadous VIII. duke of Savoy, ftyled Laiifanne. L A U ' r S3 tlse Solomon of his age ; beft known by the title of Antipope Felix V. who exhibited the lingular 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 Potjs de Vaud was conquered from the houfe of Savoy, the inhabi¬ tants of Laufanne put themfelves under the prote&ion of the canton of Berne, their bifliop having retired from the town. At that time its privileges were con¬ firmed and augmented, and it is if ill governed by its own magiftrates. The citizens of the principal lireet have the privilege of pronouncing fentence in criminal cafes. If the criminal is found, and acknowledges himfelf guilty, the burghers of the fireet affemble j one of the magiftrates pleads in his behalf, and another againlt him j the court of juilice give their opinion upon the point of law j and the majority of citizens polfelling houfes in the principal fireet, determine the penalty. In capital cafes there is no pardon, accord- 2 ] LAV ing to the letter of the law, unlefs it can be obtained Laufanr.c* within 24 hours from the fovereign council of Berne, J-avori. though it generally happens that eight days are allow- ed for this purpofe. When the criminal is feized within the jurifdidlion of the town, the fadt is tried, and the burghers pronounce fentence, from which there is no appeal j but if he happens to be taken in the di- ftnet of the bailiff, there is an appeal to the government -of Berne. LAVORI, Terra di, a province of Italy, in the kingdom of Naples, bounded on the weft by the Cam- pagna di Roma, and by Farther Abruzzo j 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 5 and is fertile in corn, excellent vines, and other fruits. There are alfj feveral mineral fprings and mines of fulphur. Naples is the capital town. LAW. PART I. OF THE NATURE OF LAWS IN GENERAL. Definition; T AW, in its moft general and comprehenfive fenfe, ^nera1’ fignifies a rule of adlion ; and is applied indiferi- minately to all kinds of adlion, 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 aftion 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 eftablilhed certain laws 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 diredlionj 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 perfe&ion, and anfwers the end of its formation. If we farther advance, from mere inaflive matter to vegetable and animal life, we (hall 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 man¬ ner, and guided by unerring rules laid down by the great Creator. This then is the general fignification of law, a rule of aftion di&ated by fome fuperior being: and, in thofe creatures that have neither the power to think 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 bufinefs to confider them, denote the rules, not of adtion in ge- a neral, but of human aftion or condudl: that is, the Particular precepts by which man, the noblelt 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 neceffarily be fubjeft to the laws of his Creator, for he is entirely a dependent being. A being, independent of any other, has no rule to purfue but fuch as he preferibes to him¬ felf j but a ftate of de.pendance will inevitably oblige the inferior to take the will of him on whom he de¬ pends as the rule of his conduft j not indeed in every particular, but in all thofe points wherein his depend- ance confifts. This principle therefore has more or lefs extent and effefl, in proportion as the fuperiority of the one and the dependance of the other is greater or lefs, abfolute or limited. And confeq-uently, as man depends abfolutely upon his Maker for every thing, it is neceffary that he ftiould in all points conform to his Maker’s will. ^ This will of his Maker is called the law of nature.’L’xw of For as God, when he created matter, and endued itnature* with a principle of mobility, eftablhhed certain rules for the perpetual direction of that motion \ fo, when he created man, and endued him with free will to con- dudl 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 alfo the faculty of reafon to difeover the pur¬ port of thofe laws. Confidering the Creator only as a being of infinite power. / Part I. CM Laws in general. * See ATc- rality. L power, lie was able unqueltionably to have preferibed 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 ail his difpenfations con¬ forms •, and which he has enabled human reafon to dif- cover, fo far as they are neceffary for the conduct of human actions. Such, among others, are thefe prin¬ ciples : That we Ihould live honeftly, ftiould hurt no¬ body, and finould render to every one his due j to which three general precepts Juftinian has reduced the whole doftrine 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 bv a chain of metaphyfical difquifitions, mankind would have wanted feme inducement to have quickened their inquiries, and the greater part of the world would have reited 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- fb of infinite goodnefs, he has been pleafed fo to con¬ trive the conftitution and frame of humanity, that we ftiould want no other prompter to inquire after and purfue the rule of right, but only our own felf-love, that univerfal principle of aftion. For he has fo inti¬ mately connedfted, 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 j and if the former be punctually obeyed, it cannot bat 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 abftraCted rules and precepts, referring merely to the fitnefs or unfitnefs of things, as fome have vainly fur- mifed; but hasgraeioufly reduced the rule of obedience to this one paternal precept, “ that man Ibould 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 action 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 aflion 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 diClated by God himfelf, is of courfe fuperior in obli¬ gation 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. But in order to apply this to the particular exigen¬ cies of each individual, it is ftill neceffary to have re- courfe to reafon : whofe office it is to difeover, as was before obferved, what the law of nature direCts in every circumftance of life, by confidering, what method will tend the moft effetfually to our own fubftantial happinefs. And if our reafon Ayere always, as in our firft anceftor before his tranfgreffion, clear and perfeft, A W. 583 unruffled by paffions, unclouded Ty prejudice, unim- OfLaws paired by difeafe or intemperance, the talk would bein pleafant and eafy j we fflould need no other guide but ^ ' this. But every man now finds the contrary in his own experience ; that his reafon is corrupt, and his under- ftanding full of ignorance and error. This has given manifold occafion for the benign in- terpofition of Divine Providence j which, in compaffion to the frailty, the imperfeCtion, and the blindneis of human reafon, hath been pleafed, at fundry times and in divers manners, to difeover and enforce its laws by ^ an immediate and direCt revelation. The doftrinesLaw ofRe- thus delivered, we call the revealed or divine law, and ve^at‘on‘ 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 j 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 intrinfie 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 affiftanee of human reafon, we imagine to be that law. If we 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 which both the divine law and the natural leave a man at his own liberty ; but which are found heceflary, for the benefit of fociety, to bereftrain- ed within certain limits. And herein it is that human laws have their greateft force and efficacy : for, with regard to fuch points as are not indifferent, human laws are only declaratory of, and a£l in fubordination to, the former. To inftance in the cafe of murder : this is exprefsly forbidden by the divine, and demonftrably by the natural, law ; and from thefe prohibitions arifes the true unlawfulnefs of this crime. Thofe human laws that annex a punifhment to it, do not at all increafe its moral guilt, or fuperadd any freffl obligation in Jbro confcienticc 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 inftance, as exporting of wool into foreign countries ; here the inferior legiflature has fcope and opportunity to interpofe, and to make that afticn un¬ lawful which before was not fo. If man were to live in a ftate of nature, unconnedled with other individuals, there would be no occafion for any other laws than the law of nature and the law of God. Neither could any other law poffibly exift : £03? 5®4 Of L ws in general, L A W. Part I, Law of na¬ trons. Municipal or civil law. 7 'Defined. Its firft pro. perty. for a law always fuppofes fome fuperior who is to make / it •, and in a ftate of nature we are all equal, without any other fuperior but him who is the Author of our being. But man was formed for lociety j and, as is demonllrated by the writers on this fubject, 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 faciety, they mull: neceffarily divide into many ; and form feparate Hates, commonwealths, and nations, entirely independent of each other, and yet liable to a mutual intercourfe. Hence arifes a third kind of law to regulate this mu¬ tual intercourfe, called 'he law of nations : which, as none of thefe Hates will acknowledge a fuperiority in the other, cannot be didlated by either •, but depends entirely upon the rules of natural law, or upon mutual compadls, treaties, leagues, and agreements, between thefe feveral communities : in the eonHruftion alfo of which compadts w'e have no other rule to relorfc to but the law of nature ; being the only one to which both communities are equally fubjedt : and therefore the civil law very juHly obferves, that quod naturalis ratio inter omnes homines con/iituit, vocatur 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 diHridts, communities, or nations, are .governed; being thus defined by Jufiinian, “ jus ci¬ vile ejl quid quifque Jibi populus conjhtuit?'1 We call it municipal law, in compliance with common fpeech ; far though, flridlly, that expreffion denotes the particular cuHoms of one fingle municipium or free town, yet it may with fufficient propriety be applied to any one Hate or nation which is governed by the fame laws and cufioms. Municipal law, thus underHood, is properly defined to be a rule of civil condudl preferibed by the fu- preme power in a Hate, commanding what is right, and prohibiting what is wrong.” Let us endeavour to ex¬ plain its feveral properties, as they arife out of this de¬ finition, j And, firH, 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 adt 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 law : for the operation of this adl is fpent upon Titius only, and has no relation to the community in general; it is rather a fentence than a law. But an adl to declare that the crime of which Titius is accufed fliall be deemed high treafon ; this has permanency, uniformity, and univerfality, and therefore is properly a rule. It is alfo called a rule to diRinguifh it from advice or counfel, which we are at liberty to follow or not as we fee proper, and to judge upon the reafonablenefs or unreafonahlenefs of the thing advifed : whereas our obedience to the law depends not upon our approba¬ tion, but upon the Meier's will. Counfel is only matter of perfuafion, law is matter of injundfion ; coun¬ fel adfs only upon the willing, law upon the unwilling alfo. It is alfo called a rule, to difiinguifh it from a com- pacl or agreement; for a com pad! is a promife proceed¬ ing from us, law is a command diredled to us. The language of a compadl is, il I will, or will not, do this O. Laws that of a law is, “ i’nou lhait, or fhali not, do it.” It , cnmf is true there is an obligation which a compadt carries v with it, equal in point of ct nkn nee to that of a law ; but then the original of the obligation is different. In compacts, we ourfelves determine and prom.ft what (hall be done, before we are obliged to do it ; in laws, we are obliged to adt without ouitelves detei mining or promifing any thing at all. Upon theie accounts law is defined to be “ a rule.” ^ Municipal law is alfo “ a rule of civil ccnduB.''1 ;e or.d pre- This diffinguifhes municipal law from the natural or PCity* revealed : the former of w inch is the rule of moial con- dudl •, and the latter not only the rule or moral tondudf, but alfo of faith. Thefe regard man as a creature ; and point out his duty to God, to hitnfelf, and t his neighbour, confidered in the light of an individual. But municipal or civil law regards him alio as a cilrzefi, 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 ; and w hich amount to no more, than that he do contribute, on his part, to the fubfifience and peace of the fociety. ; It is likewife “ a rule preferibed." Becaufe a bare fluid pr«. refolution, confined in the breaff 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 practice, which fuppofes a previous publication, and is the cafe of the common law of England and of Scotland. It may be notified viva voce, by officers appointed for that purpofe ; as is done with regard to proclamations, and fuch a£ts of parliament as are appointed to be publicly read in churches and other affemblies. It may, lafily, be no¬ tified by writing, printing, or the like ; which is the general courfe taken with all our a£ls of parliament. Yet, whatever way is made life 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 laws in a very fmall charac¬ ter, and hung them up upon high pillars, the more effeftually to enfnare the people. There is Hill a more unreafonable method than this, which is called making of law's ex pojl faBo : when after an action (indifferent in itfelf) is committed, the legiflator then for the firft time declares it to have been a crime, and infiifls a punifhmcnt upon the perfon who has committed it. Here it is impoflible that the party could forefee, that an action, innocent when it was done, fliould be after¬ wards converted to guilt by a fubiequent law : he had therefore no caufe to abflain from it; and all punifh- ment fi r not abHaining mull of conftquence be cruel and unjuH. All laws fhould be therefore made to com¬ mence in futuro, and be notified before their commence¬ ment ; which is implied in the term “ preferibed.” But when this rule is in the ufual manner notified or pre¬ feribed, it is then the fubjeft’s bufinels to be thorough¬ ly acquainted therewith ; for if ignorance of what he might know, were admitted as a legitimate excule, the laws would be of nu effefl, but might always be eluded with impunity. But Parti. L A W. 585 Of Law’s Eat farther : Municipal law is “ a rule of civil con- in general. prefcribed by the fupreme power in a flatc.'''1 For legiflature, as was before obferved, is the greateft a£l Fourth pro-of fuperiority that can be exercifed by one being over perty. another. Wherefore it is requifite to the very effence of a law, that it be made by the fupreme power. So¬ vereignty and legiflature are indeed convertible terms; one cannot fubfift without the other. This wall naturally lead us into a flrort inquiry con¬ cerning the nature of fociety and civil government; and the natural inherent right that belongs to the fove- reignty of a Hate, wherever that fovereignty be lodged, Ia of making and enforcing laws. Civil fo- The only true and natural foundations of fociety are ciety. the wants and fears of individuals. Not that we can believe, with fome theoretical writers, that there ever was a time when there was no fuch thing as fociety j and that, from the impulfe of reafon, and through a fenfe of their wants and weakneffes, individuals met together in a large plain, entered into an original con- traft, and chofe the tallefl: man prefent to be their go¬ vernor. This notion, of an actually exifting uncon- txefted ftate of nature, is too wild to be ferioufly ad¬ mitted : and befides, it is plainly contradiftory to the revealed accounts of the primitive origin of mankind, and their prefervation 2000 years afterwards ; both which were effedled by the means of Angle families. Thefe formed the firft fociety among themfelves, which every day extended its limits ; and when it grew too large to fubfift: with convenience in that paf- toral ftate wherein the patriarchs appear to have lived, it neceflarily fubdivided itfelf 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 feparated, reunited again 5 fometimes by compulfion and conqueft, fometimes by accident, and fometimes perhaps by compaft. But though focietv had not its formal beginning from any convention of individuals, actuated by their wants and their fears ; yet it is the fenfe of their weaknefs and xmperfe&km that keeps mankind together, that de- monftrates the neceflity of this union, and that there¬ fore is the folid and natural foundation, as well as the cement of fociety. And this is what we mean by the original contraft of fociety j which, though perhaps in no inftance it has ever been formally expreffed at the firft inftitution of a ftate, yet in nature and reafon muft always be underftood and implied in the very aft of aflbciating together ; namely, that the whole (hould proteft all its parts, and that every part (hould pay obedience to the wrill of the whole j or, in other words, that the community (hould guard the rights of each individual member, and that (in return for this proteftion) each individual (hould fubmit to the laws of the community 5 without which fubmiflion of all, it was impoflible that proteftion could be certainly ex- T3 tended to any. Govern- For when fociety is once formed, government refults meat. of courfe, as neceflary to preferve and to keep that fo¬ ciety in order. Unlefs fome fuperior be conftituted, whofe commands and decifions all the members are bound to obey, they would (till remain as in a ftate of nature, without any judge upon earth to define their feveral rights, and redrefs their feveral wrongs. But VOL. XI. Part II. as all the members of fociety are naturally equal, it Of Law’s may be afked, In whofe hands are the reins of govern- in ■?eneyal> ment to be intruded ? To this the general anfwer is eafy ; but the application, of it to particular cafes has occafioned one half of thofe mifchiefs which are apt to proceed from mifguided political zeal. In general, all mankind will agree, that government (hould be re- pofed in fuch perfons, in whom thofe. qualities are moft likely to be found, the perfeftion of which is among the attributes of him who is emphatically ftyled the Supreme Being ; the three grand requifites, namely, oi wifdom, of goodnefs, and of power : wifdom, todiicern the real intereft of the community j goodnefs, to en¬ deavour always to purfue that real intereft 5 and ftrength or power to carry this knowledge and inten¬ tion into aftion. Thefe are the natural foundations of fovereignty, - and thefe are the requifites that ought to be found in every well conftituted frame of govern¬ ment. How the feveral forms of government we 'now fee in the world at firft aftually began, is matter of great uncertainty, and has occafioned infinite difputes. It is not our bufinefs or intentior? to enter into any of them. However they began, or by what right foever they fubfift, there is and muft be in all of them a fu¬ preme, irrefiftible, abfolute, uncontrolled authority, in which the jura fumma imperii, or the rights of fove¬ reignty, refide. And this authority is placed in thofe hands, wherein (according to the opinion of the found¬ ers of fuch refpeftive (fates, either exprefsly given or collefted from their tacit approbation) the qualities re- , quifite for fupremacy, wifdom, goodnefs, and power, are the moft likely to be found. 14 The political writers of antiquity will not allow Different more than three regular forms of government: the firft, forms when the fovereign power is lodged in an aggregatethereo * affembly confiding of all the members of a community, which is called a democracy; the fecond, w'hen it is lodged in a council compofed of feleft members, and then it is ftyled an arijiocracy ; the laft, when it is in¬ truded in the hands of a Angle perfon, and then it takes the name of a monarchy. All other fpecies of government, they fay, are either corruptions of, or re¬ ducible to, thefe three. By the fovereign powrer, as W'as before obferved, is meant the making of laws ; for wherever that power refides, all others muft conform to and be direfted 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 edift or rule, and to put the execution of 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 feveral funftions, or elfe the conftitution 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 affemblies are frequently fooli(h 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- triotifm or public fpirit. In ariftocracies there is more wifdom to be found than in the other forms of go¬ vernment j being compofed, or intended to be com- 4 E 586 L A W. ' Parti. Of Laws pofed, fef the iriofl; faperlenced citizens : but there is !a Senf‘‘,aI- lefs honefty than in a republic, and lefs ftrength than in a monarchy. A monarchy is indeed the molt power¬ ful of any, all the finews of government being knit and united together in the hand of the prince j but then there is'imminent danger of his employing that llrength to improvident or oppreffive purpofes. Thus thefe three ipecies of government have all of them their feveral perfections and imperfections. De¬ mocracies are n{bally the beft calculated to direct the end of a law ; ariitocracies, to invent the means by which that end fliall be obtained ; and monarchies, to carry thofe means into execution. And the ancients, as was obferved, had in general no idea of any other permament form of government but thefe three : for though Cicero declares himfelf of opinion, “ e(fe oplime conjlitutam rempubheam, qiue ex tribus genenbus tills, regah, optima, el popular i, Jit mo dice confufa yet Ta¬ citus treats this notion of a mixed government, formed out of them all, and partaking of the advantages of each, as a vifionary whim, and one that, if eftedted, T>j could never be lading or fecure.. Britifh con- But, happily for uf of this ifland, the Britifh con- JJitution. ffitution has long remained, and we trull will long con¬ tinue, a {landing exception to the truth of this obfer- vation. For, as with us the executive power of the laws is lodged in a {ingle perfon, they have all the ad¬ vantages of llrength and defpatch that are to be found in the mod abfolute monarchy : and, as the legislature of the kingdom is intruded to three diftinfl powers, entirely independent of each other j rird, the king ; fe- i condly, the lords fpiritual and temporal, which is an arillocratical aflembly of perfons felebled for their pie¬ ty, 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^ as this aggregate body, aftuated by different fprings and attentive to different intere{ls, 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 withttood by one of the other two, each branch being armed with a negative power fufficient to repel any new meafure which it {hall think inexpedient or dangerous. Here, then, is lodged the Sovereignty of the BritiSh eonftitution ; and lodged as beneficially as is poffible for fociety. For in no other fliape could we be fo cer¬ tain of finding the three great qualities of government fo well and fo happily united. If the fupreme power were lodged in any one of the three branches Sepa¬ rately, we muft be ex pofed to the inconveniences of either abfolute monarchy, arilfocracy, or democracy ; and fo want two of the three principal ingredients of good polity, either virtue, wifdom, or power. If it were lodged in any two of the branches ’7 for inftance, in the king and houfe of lords; 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 Ihould want that circum- fpraftion and mediatory caution, which the wifdom of the peers is to afford : if the fupreme rights of legilla- fcure 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¬ haps to abolifh the kingly oflice, and thereby weaken Of Laws (if not totally deftroy) the ilrength of the executive ‘n ge9«rak power. But the conftitutional government of this v"”""- illand is fo admirably tempered and confounded, that nothing can endanger or hurt it,, but deftroying the equilibrium of power between one branch of the legis¬ lature and the reft. For if ever it fnould happen, that the independence of any one of the three {hould be loft, or that it {hould become fubfervient to the views of either of the other two, there would foon be an end of our eenftitution. The legiftature would be changed from that which was originally'fet up by the general confent and fundamental aft of the lociety, and fuch a change, however effected, is, according to Mr Locke (who perhaps carries his theory too far), at once an entire diffolution of the bands of government; and the people are thereby reduced to a ftate of anarchy, with liberty to conftitute to themielves- a new legiflative power. Having thus curforily confidercjd the three ufual fpecies of government, and our own lingular conftitu- tion felefted and compounded from them all, we pro¬ ceed to obferve,.that, as the power of making laws eon- ftitutes the fupreme authority, fo wherever the fupreme authority in any ftate reftdes, it is the right of that authority to make laws ; that is, in the words of our definition, to preferibe the rule of civil addion. And this may be dilcovered from the very end and inftitution of civil ftates. For a ftate is a collective body, compofed of a multitude of individuals, united for their fafety and convenience, and intending to aft 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 wills cannot by any natural union be joined together, or tempered and difpofed into a lafting harmony, fo as to conftitute and produce that one uni¬ form' will of the whole. It can therefore be no other- wife produced than by a political union ; by the con¬ fent of all perfons to-fubmit their own private wills to the will of one man, or of one or more aflhmblies of men, to whom the fupreme authority is intruded ; and this will of that one man, or affembage of men, is in different ftates, according to their different conftitu- tions, underfteed to be law. Thus far as to the right of the fupreme power to make laws: but farther, it is its duty likewife. For fince the refptclive members are bound to conform themfelves to the will of the ftate, it is expedient that they receive direftions from the ftate declaratory of that its will. But it is inrpoflible, in fo great a multitude,to give injunftions to every particular man, relative to each particular afition, therefore the ftate eftablilhes general rules, for the perpetual information and direction of all perfons in all points, whether of pofitive or negative duty : and this, in order that every man may know what to look upon as his own, what as another’s 5 what abfolute and what relative duties are required at his hands ; what is to be efteenv ed honeft, diihoneft, or indifferent j what degree every man retains of his natural liberty, and what he has gi¬ ven up as the price of the benefits of fociety j and af¬ ter what manner each perfon is to moderate the ufe aud exercife of thofe rights which the ftate afligns Part I. L A W. 5*7 Of Laws i« general. 17 Second branch of the defini¬ tion, illuf« ts-ated. him, In order to promote and fecure the public tran¬ quillity. From what has been advanced, the truth of the for¬ mer branch of our definition is (we truft) fufficiently evident j that “ municipal law is a rule of civil con- du£t, prefcribed hy the fuprcme power in ajiate” We proceed now to the latter branch of itthat it is a rule fo prefcribed, “ commanding what is right, and pro¬ hibiting what is wrong.” Now, in order to do this completely, it is firft of all neceiTary 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 bufinefs of the law, confidered as a rule of civil c^nduft, 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 j and tlie methods which it makes to command the one and prohibit the other. For this purpofe, every law may be faid to confifi: of feveral parts ; one, declaratory j whereby the rights to be obferved, and the wrongs to be efchewed, are clearly defined and laid down : another, dire&ory j 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 fanBion or vindicatory branch of the law, whereby it is fignified what evil or penalty ihall be in¬ curred by fuch as commit any public wrongs, and tranf- grefs or negleft their duty. TDeciara- With regard to the firft of ^ declaratory tory part ofpart of the municipal law j this depends not fo much the law. upon the law of revelation or of nature, as upon the wifdom and will of the legiflator. This do&rine, which before was (lightly touched, deferves a more particular explication. Thofe rights, then, which God and nature have eftablifhed, and are therefore called natural rights^ fuch as are life and liberty, need not the aid of human laws to be more effet of equal authority with, when it is not contradicted by, the written law. a For fince (fays Julianus) the written law binds us for no other reafon but becaufe it is approved by the judgment of the people, therefore thole 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 a fuffrage, or by an uniform courfe of ail¬ ing accordingly.” Thus did they reafon while Rome had fome remains of her freedom 5 but when the im¬ perial tyranny came to be fully eftabliftied, the civil laws fpeak a very different language, ^uod principi placuit legis habet vigorem, cum populus ei et in eum omne fuum imperium et potejlatem confer at, fays Ulpian. Im- perator folus et conditor et interpres legis exijlimatur, fays the Code. And again, Sacrilegii inflar ejl refcripto pnncipis 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 introduced by the voluntary confent of the people. Vol. XL Part II. 593 II. The fecond branch of the unwritten laws of Law cf England are particular cuftom4, or laws which affcdl £t>g^andq only the inhabitants of particular diffriffs. ? Thefe particular cuftoms, or foine of them, are Second without doubt the remains of that multitude of local branch of cuftoms before mentioned, out of which the commontiie jinwnt' law, as it now ftands, was collefted r.t firft by King Alfred, and afterwards by King Edgar and Edwardcuft0ms. the Confeffor : each diftriff: mutually facrificing fome of its own fpecial ufages, in order that the whole kingdom might enjoy the benefit of one uniform and univerfal fyltem of law's. But, for reafons that have been now long forgotten, particular counties, cities, towns, manors, and lordftiips, 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 affs of parliament. Such is the cuftom of gavelkind in Kent and fome other parts of the kingdom (though perhaps it was alfo general till the Norman conqueft); which ordains among other things, that not the eldeft fon only of the father {hall fucceed to his inheritance, but all the fons alike •, and that, though the anceftor be attainted and hanged, yet the heir (hall fucceed to his eftate, without any efcheat to the lord.—Such is the cuftom that prevails in divers ancient borough?, and therefore called borough Englijh, that the youngeft fon (hall in¬ herit the eftate, in preference to all his elder brothers. —Such is the cuftom, in other boroughs, that a widow {hall be entitled, for her dower, to all her hufband’s lands; whereas at the common law' fhe {hall be endow¬ ed of one-third part only.—Such alfo are the fpecial and particular cuftoms of manors, of which every one has more or lefs, and which bind all the copyhold te¬ nants 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 j the right of holding which, when no royal grant can be ftiown, depends entirely upon immemorial ami' efta- bliihed ufage.—Such, laftly, are the many particular cuftoms within the city of London, w’ith 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 by fpecial ufage $ though the cuftoms of London are alfo confirmed by aft of parliament. To this head may moft properly be referred a parti¬ cular fyftem of cuftoms ufed only among one fet ®f the king’s fubjefts, called the cuflom 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} being allow’ed for the benefit of trade, to be of the utmoft validity in all commercial tranfaftions $ for it is a maxim of law, that cuihbet in fua arte credendum eft. The rules relating to particular cuftoms regard ei- 34 4 F ther (b) It is ufually cited either by the name of Co. Lilt, or as 1 Inft. (c) Thefe are cited as a, 3, or 4 Inft. without any author’s name : An honorary diftinftion, which, we ob¬ served, is paid to the works of no other writer $ the generality of reports and oth r Irafts being quoted in the of the compiler, as 2 Ventris, 4 Leonard, 1 Siderhn, and the like. 594 . . L . Law of tlier the.proof of their exiftence j their legality when . England. proVed ; or their ufual method of allowance. And firft we will confider the rules of proof. As to gavelkind and borough Englilh, the law takes particular notice of them ; and there is no occafion to prove, that fuch cuftoms actually exift, but only that the lands in quehion are fubjedl thereto. All other pri¬ vate cuftoms muft be particularly pleaded ; and as well the exiftence of fuch cuftoms muft be fhown, as that the thing in difpute is within the cuftoms alleged. The trial in both cafes (both to (how the exiftence of the cuftom, as, “ That in the manor of Dale lands fhall defcend only to the heirs male, and never to the heirs female j” and alfo to fhow “ that the lands in queftion are within that manor”) is by a jury of twelve men, and not by the judges ; except the fame particular cuf- tom has been before tried, determined, and recorded, in the fame court. The cuftoms of London differ from all others in point of trial: for if the exiftence of the cuftom be brought in queftion, it fhall not be tried by a jury, but by a certificate from the lord mayor and aldermen by the mouth of their recorder j unlefs it be fuch a cuftom as the corporation is itfelf interefted in, as a right of taking toll, &c. for then the law permits them not to certify on their own behalf. When a cuftom is actually proved to exift, the next inquiry is into the legality of it j for if it is not a good cuftom, it ought to be no longer ufed. Malus ufus abo/endus ef, is an eftabliftied maxim of the law. To make a particular cuftom good, the following are ne- 3' ceffary requifites: Rules in I. That it have been ufed fo long, that the me- eitabething rnory of man runneth not to the contrary. So that if any one can fhow the beginning of it, it is no good cuftom. For which reafon, no cuftom can pre¬ vail againft an exprefs afl of parliament j fince the ita- tute itfelf is a proof of a time when fuch a cuftom did not exift. 2. It muft have been continued. Any interruption would caufe a temporary ceafing : 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 poffeflion only for io or 20 years, wdll not deftroy the cuftom. As if the inhabitants of a parifh have a cuftomary right of watering their cattle at a certain pool, the cuftom is not deftroyed, though they do not ufe it for io years j it only becomes more difficult to prove : but if the right be anyhow difcontinued for a day, the cuftom is quite at an end. 3. It muft have been peaceable, and acquiefced in \ not fubjedt to contention and difpute. For as cuftoms owe their original to common confent, their being im- memorially difputed, either at law or otherwife, is a proof that fuch confent was wanting. 4. Cuftoms muft be reafonable ; or rather, taken ne¬ gatively, they muft not be unreafonable. Which is not alwrays, as Sir Edward Coke fays, to be under¬ ftood of every unlearned man’s reafon j but of artificial and legal reafon, w arranted by authority of law. Upon which account a cuftom may be good, though the par¬ ticular reafon of it cannot be afligned •, for it fufficeth, if no good legal reafon can be afligned againft it. ^uftoins. A. W. Pan 11. Thus a cuftom in a pariffi, that no man fliall put his Law of beafts into the common till the third of Odtober, would England, be good \ and yet it would be hard to Ihow the reafon u*“-V*—' why that day in particular is fixed upon rather than the day before or after. But a cuftom that no cattle fliall 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 fliall defcend to the moft worthy of the owner’s blood, is void 5 for how ftiall 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 ^ though the value is a thing uncertain : for the value may at any time be afcertained ; and the maxim of law is, Id certum efl, quod cerium reddipotejl. 6. Cuftoms, though eftabliftied by confent, muft be (when eftabliftied) computfory: and not left to the op¬ tion of every man, whether he will ufe them or no. Therefore a cuftom, that all the inhabitants ftiall be rated toward the maintenance of a bridge, will be good j 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 eftabliftied by mutual con¬ fent : which to fay of contradictory cuftoms, is abfurd. Therefore, if one man preferibes that by cuftom he has a right to have windows looking into another’s gar¬ den j the other cannot claim a right by cuftom to flop up or obftruCt thofe windows: for thefe two contra¬ dictory cuftoms cannot both be good, nor both ftand together. He ought rather to deny the exiftence of the former cuftom. Next, as to the allowance of fpecial cuftoms. Cuf¬ toms, in derogation of the common law, muft be con- ftrued ftriCtly. Thus, by the cuftom of gavelkind, an infant of 15 years may by one fpecies of conveyance (called a deed of feoffment) convey away his lands in fee Ample, 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 ftriCUy 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 j yet, upon the king’s demife, his eldeft fon fttall fucceed to thofe lands-alone. And thus much for the fecund part of the leges non fcriptcey or thofe particular cuftoms which affeCt particular per- fons or diftriCts only. ^ III. The third branch of them are thofe peculiarThird laws which by cuftom are adopted and ufed only in branc h of certain peculiar courts and jurifdibtions. And by thefetl,e unwrit- are underftood the civil and canon laws. ten law. It may feem a little improper, at firft view, to rank thefe laws under the head of leges non feriptee, or un¬ written laws, feeing they are fet forth by authority in thek Part II. L A W. 595 Law of their pande£ls, their codes, and their inftliutions; their England, councils, decrees, and decretals; and enforced by an v ' immenfe number of expofitions, decihons, 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 molt plain, that it is not on account of their being written laws, that either the canon law, or the civil law, have any obligation within this kingdom: neither do their force and efficacy depend upon their own intrinlxc authority *, which is the cafe of our writ¬ ten laws or aits of parliament. They bind not the fubje&s of England, becaule their materials were col¬ lected from popes or emperors, were digelted by Juf- tinian, or declared to be authentic by Gregory. Thefe conhderations give them no authority here : for the le- gillature of England doth not, nor 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 meanelt of its fubjefts. 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 /eges non fcnptce, or cuftomary 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 feriptee, or ftatute law. This is ex- prefsly declared in thofe remarkable words of the fla- tute 25 Hen. VIII. c. 21. addreffed to the king’s royal majefty.—“This your grace’s realm, recognizing no fuperior under God but only your grace, hath been and is free from fubjection to any man’s laws, but only to fuch as have been devifed, made, and ordained with¬ in this realm for the wealth of the fame j 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 eruftom to the obfervance of the fame : not as to the obf rvance of the laws of any foreign prince, potentate, or prelate •, but as to the cultomed and ancient laws of this realm, originally eftabliffied as laws of the fame, by the faid fufferance, confents, and cuftom j and none ^ otherwife.” Civil law. 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 JDigeft of the emperor Juftinian, and the novel confti- tutions of himfelf and fome of his fucceffors ; of which it may not be amifs to give a flrort and general ac¬ count. The Roman law (founded firft upon the regal con- flitutions of their ancient kings, next upon the 12 tables of the decemviri, then upon the laws or ftatutes ena£led by the fenate or people, the edifls of the praetor, and the refnonfa prudentium or opinions of learned law¬ yers, and laftly upon the imperial decrees or conftitu- tions of fucceffive emperors) had grown to fo great a bulk, or, as Livy expreffes it, tam imtnenfus aliarum fuper alias aeervatarum legum cumulus, that they were computed to be many camels load by an author who preceded Juftinian. This was in part remedied by the colleftions of three private lawyers, Gregorius, Her- mogenes, and Papirius j and then by the emperor Theo- dofms the younger, by whofe orders a code was com- Lav/ of piled, A. D. 438, being a methodical colleftion of E»g!anL ^ all the imperial conftitutions then in force : which ” y 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 newly erefted kingdoms. For Juftinian commanded only in the eaftern remains of the empire j and it was under his aufpices, that the prefent body of civil law was compiled and finilhed by Trebonian and other lawyers, about the year 533. This confifts of, 1. The Inftitutes *, which contain 3* the elements or firft principles of the Roman law, in four books. 2. The Digefts or Pandedts, in 50 books j containing the opinions and writings of eminent law¬ yers, digefted in a fyftematical method. 3. A new code, or colledtion of imperial conftitutions j the lapfe of a whole century having rendered the former code of Theodofius imperfedL 4. The Novels, or new con¬ ftitutions, pofterior in time to the other books, and amounting to a fupplement to the code : containing new decrees of fucceffive emperors, as new queftions happened to arife. Thefe form the body of Roman law, or corpus juris civilis, as publiftied about the time of Juftinian: which, however, fell foon into negledc and oblivion, till about the year 1130, when a copy of the Digefts was found at Amalfi in Italy 5 which accident, concurring with the policy of the Roman ecclefiaftics, 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 eeclefiafticalcacon law. law, relative to fuch matters as that church either has, or pretends to have, the proper jurifdiftion 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 which 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 dilcovery of Juftinian’s Pandects, reduced the ecclefiaftical conftitutions alfo into fome method, in three books ; which he entitled Concordia difcordanUum canonum, but which are gene¬ rally known by the name of Decretum Graliani, 'ihefe reached as low as the time of Pope Alexander III. The fubfequent papal decrees, to the pontificate of Gre¬ gory IX. were pubiilhed in much the fame method un¬ der the aufpices of that pope, about the year 1230, in five books; entitled Decretalia Gregorii noni.. A fixth book was added by Boniface VIII. about the year 1298, which is called Sextus Decretalium. The Clementine conftitutions, or decrees of Clement V. w'ere in like manner authenticated in 13x7 by his fue- ceffor John XXII. ; who alfo publifhed 20 conftitutions of his 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 Exiravagantes Communes. And all thefe together, Gratian’s decree, Gregory’s decretals, the fixth decretal, the Clementine conftitu- tionsj and the Extravagants of John and his fuccsfiors, 4 F 2 form 59*5 L A W. Part II. Law of England. 4° form the corpus juris candnici, or body of the Roman canon law. Befides thefe pontifical colledlions, •which during the times of popery were received as authentic in this ifland, as well as in other parts of Chriftendom, there is alfo a kind of national canon law, compofed of le- gatine and provincial conftitutions, and adapted only to the exigencies of this church and kingdom. The legatine conilitutions were ecclefiaftical laws, enadted in national fynods, held under the cardinals Otho and Othohon, legates from Pope Gregory IX. and Pope Clement IV. in the reign of King Henry III. about the years 1220 and 1268. The provincial conftitu¬ 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. 5 and adopted alfo by the province of York in the reign of Henry VI. At the dawn of the Reformation, in the reign of King Henry VII1. it was enadted in parliament, that a re¬ view Ihould be had of the canon law ; and till fuch re¬ view fhould 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, fhould ftill be ufed and executed. And, as no fuch review has yet been perfedled, upon this ftatute now depends the authority of the canon law in England. As for the canons enadfed by the clergy under James I. in the year 1603, and never confirmed in par¬ liament, it has been folemnly adjudged upon the prin¬ ciples of law and the conftitution, that where they are not merely declaratory of the ancient canon law, but are introdudfory of new regulations, they do not bind the laity, rvhatever regard the clergy may think pro¬ per to pay them. There are four fpecies of courts, in which the civil and canon laws are permitted under different reftric- tions to be ufed. 1. The courts of the archbifhop and bifhops, and their derivative ofticers ; ufually called courts Chrtjiian, (curice Chrijlianitatisj or the eccleji- cjiical courts. 2. The military courts. 3. The courts of admiralty, 4. The courts of the two univerfities. In all, their reception in general, and the different de¬ grees of that reception, are grounded entirely upon cuftom •, corroborated in the latter inftance by adl of parliament, ratifyi: g 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 particulars relative to them all, which may ferve to In- Law of culcate more ftrongly the dudtrine laid down concern- England, ing them. y— 1. And firft, The courts of common law have the fuperintendency over thefe courts ; to keep them with¬ in their jurifdidtions j to determine wherein they ex¬ ceed them j to reftrain and prohibit fuch excefs $ and (in cafe of contumacy) to punifti the officer who exe¬ cutes, 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 will expound them in any other fenfe than what the common law puts upon them, the king’s courts at Weftminfter will grant prohibitions to reftrain and controul them. 3. An appeal lies from all thefe courts to the king, in the laft refort; which proves that the jurifdi&ion exercifed in them is derived from the crown of Eng¬ land, and not from any foreign potentate, or intrinfic authority of their own.—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 cuftom in fome courts, are only fub~ ordinate and /eges fub graviori lege i and that thus ad¬ mitted, reftrained, altered, new-modelled, and amend¬ ed, they are by no means with us a diftimft independ¬ ent fpecies of laws, but are inferior branches of the cuftomary or unwritten laws of England, properly call¬ ed the king's eccle/iajlical, the king's military, the king's maritime, or the king's academical laws. ^ Let us next proceed to the leges fcriptce, the written The writ- laws of the kingdom; which are ftatutes, a£ts, or ten law. edifts, made by the king’s majefty, 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 ftatute books, is the famous magna charta, as confirmed in parliament 9 Hen. III. though doubtlefs there were many a&s 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. The manner of making thefe ftatutes being explain¬ ed under the articles Bill and Parliament, we ffiall here only take notice of the different kinds of ftatutes ; and of fome general rules with regard to their con- ftru&ion (u). Firft, As to their feveral kinds. Statutes are either Kinds of (d) The method of citing thefe afts of parliament is various. Many of the ancient ftatutes are called after the name of the place where the parliament was held that made them ; as the ftatutes of Merton and Marle- berge, of Weftminfter, Glocefter, and Winchefter. Others are denominated entirely from their fubjeft ; as the ftatutes of Wales and Ireland, the articulicleri, and theprerogativa regis. Some are diftinguiftied by their initial words, a method of citing very ancient; being ufed by the Jews, in denominating the books of the Pentateuch ; by the Chriftian church, in diftinguiftiing their hymns and divine offices ; by the Romanifts, in defcribing their papal bulls ; and in the ffiort by the whole body of ancient civilians and canonifts, among whom this method of citation generally prevailed, not only with regard to chapters, but inferior fedlions alfo; in imitation of all which we ftill call fome of the old ftatutes by their initial words, as the ftatute of empto- res, and that of CircumfpeBe agatis. But the moft ufual method of citing them, efpecially fince the time of Edward 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; as, 9 Geo, II. c. 4. For all the afts of one 1 feffion Fart II. Law of genti'&l c,t Jbecia!) puolic or private w England, public act is an univerl’al rule that regards the whole t——cornmunity : 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 fet forth, by the party who claims an advantage under it. Spe¬ cial or private afts are rather exceptions than rules, being thofe which only operate upon particular perfons and private concerns j fuch as the Romans entitled natus deer eta, in con trad iftinftion to the fenatus con- fulta, which regarded the whole community j and of thefe the judges are not bound to take notice, unlefs they be formally fhown and pleaded. Thus, to {how the diftinction, the ftatute 13 Eliz. c. 10. to prevent fpiritual perfons from making leafes for longer terms than 21 years or three lives, is a public aft •, it being a rule preferibed to the whole body of fpiritual perfons in the nation: but an aft to enable the biftiop of Chefter to make a leafe to A. B. for 60 years, is an exception to this rule •, it concerns only the parties and the bi- ftiop’s fucceffors, 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 almoft fallen into difufe, or become difputable j in which cafe the parliament has thought proper, in perpetuum rei tejli- tnonium, and for avoiding all doubts and difficulties, t© declare what the common law is and ever hath been. Thus the ftatute 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 were trea- fon at the common law. Remedial ftatutes 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 miftakes 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 reftraining it where it was too lax and luxuriant, hath occafioned another fubordinate divifion of remedial afts of parlia¬ ment into enlarging and retraining 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 was not at the common law : fo that this was an enlarging ftatute. At common law, alfo, fpiritual corporations might leafe out their eftates for any term of years, till prevented by the ftatute 13 Eliz. before mentioned : this was therefore a rejlrain- ing ftatute. Secondly, The rules to be obferved with regard to the conftruftion of ftatutes are principally thefe which follow. I. There are three points to be confidered in the L A W. 597 A general or conftruftion of all remedial italutes ^ the old law, the Law of 43 Conftruc- tion of ftatutes. rnifehief and the remedy ; that is, how the common ^England, law flood at the making of the aft *, what the mifehief was, for which the common law did not provide ; and what remedy the parliament hath provided to cure this mifehief. And it is the bufinefs of the judges fo to eonftrue the aft, as to fupprefs the mifehief aiffi 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 was, that they let long and unreafonable leafes, to the impoveriffiment of their fucceffors : the remedy applied by the ftatute was by making void all leafes 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 biffiop, are not void during the bithop’s continuance in his lee y 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. The mifehief is therefore fufficiently fuppreffed by va¬ cating them after the determination of the intereft of the granters ‘7 but the leafes, 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 ; 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. 12. having enafted that thofe who are convifted of Healing horfes ffiould not have the benefit of clergy, the judges conceived that this did not extend to him who Ihould 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 ffieep or other cattle, was 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 was held to extend to nothing but mere ffieep. And therefore, in the next feffions, it was found neceffary to make another ftatute, 15 Geo. II. c. 34. extending the former to bulls, cows, oxen, fleers,. 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 upon 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 feflion of parliament taken together made properly hut one ftatute : and therefore nhen two feffions have been held in one year, we ufually mention Hat. or 2. Thus the bill of rights » cited, as ; W. & »*.«•.££ 2;. ilgnifying that it is the fecond chapter or aft of the fecond ftatute, or the la-'S made in ffie econ ■•t’ parliament held in the firft year of King William and Queen Mary.. 598 F^’hm! '"''re ‘l '3 ,0 *>e conftraed liberally. Upon tliis footin? i- - -1- ’ ■ ^ie tfatute of 13 Eliz. c. 5, which voids all gifts of goods, §£c. made to defraud creditors and others, was held to extend by the general words to a gift made to defraud the queen of a forfeiture. 5. One part of a ilatute mult be fo conftrued by another, that the whole may (if poffible) itand : ut res magis va/eat quam pereat. As if land be veiled in the king and his heirs by a£l of parliament, faving the right of A j 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 (hall go to the king. For this inter¬ pretation furniflies matter for every elaufe of the fla- tute to work and operate upon. But, 6. A laving, totally repugnant to the body of the aft, is void. If therefore an aft of parliament veils land in the king and his heirs, faving the right of all perfons whatfoever ; 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 ftatute, and (if good) would render the ftatute of no effeft or operation ; and therefore the faving is void, and the land veils ab- folutely in the king. 7. Where the common law and a Ilatute differ, the common law gives place to the Ilatute ; and an old ilatute gives place to a new one. And this upon the general principle laid down in the lail feftion, that leges pojleriores priores contrarias abrogate. But this is to be underftood only when the latter ilatute is couched in negative terms, or by its matter neceffarily implies a negative. As if a former aft fays, that a ju¬ ror upon fuch a trial ihall have twenty pounds a-year, and a new ilatute comes and fays he (hall have twenty merks ; here the latter ftatute, though it does not ex- prefs, yet neceifarily implies, a negative, and virtually repeals the former. For if twenty merks be made qua- ■ lification fufficient, the former ftatute which requires twenty pounds is at an end. But if both the afts be merely affirmative, and the fubftance fuch that both may ftand together, here the latter does not repeal the former, but they ihall both have a concurrent efficacy. If by a former law an offence be indiftable at the quarter feffions, and a latter law makes the fame offence indiftable at the affizes 5 here the jurifdiftion of the feffions is not taken away, but both have a concurrent jurifdiftion, and the offender may be profecuted at either; unlefs the new ftatute fubjoins exprefs negative ■words; as, that the offence iliall be indiftable at the aflizes, and not eifewhere. 8. If a ftatute, that repeals another, is itfelf re¬ pealed afterwards, the firft ftatute is hereby revived, without any formal words for that purpofe. So when the ftatutes of 26 and 35 Henry VIII. declaring the king to be the fupreme head of the church, were re¬ pealed by a ftatute 1 and 2 Philip and Mary, and this latter ftatute was afterwards repealed by an aft of I Eliz. there needed not any exprefs word of revival in Oueen Elizabeth’s ftatute, but thefe afts of King Henry were impliedly and virtually revived. 9. Afts of parliament derogatory from the. power of fubfequent parliaments bind not. So the ftatute 11 Hen. VII. c. 1. which direfts, that no perfon for af¬ fixing a king de faBo (hall be attainted of treafon by aft of parliament or otherwife, is held to be good only as to common prqfecutions for high treafon j Part II, not reftrain or clog any parliamentary at- Law of Becaufe the legiflator, being in truth the ^nKlar.d. fovereign power, is always of equal, always of abfo- ~“V—' lute authority : it acknowledges no fuperior upon earth, which the prior legiftature mull have been if 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 claufes’ \vhich endeavour to tie up the hand of fucceeding le- giflatures. “ When you repeal the law itfelf (fays he), you at the fame time repeal the prohibitory claufe which guards againft fueh repeal.” 10. Laftly, Afts 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 contradiftory to common reafon, they are with regard to thofe collateral confequences void. We lay down the rule with thefe reftriftions; though we know ft is generally laid down more largely, that afts of par¬ liament contrary to reafon are void. But if the parlia¬ ment will pofilively enaft a thing t© be done which is unreafonable, we 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 objeft of a ftatute is unreafonable, the judges are at liberty to rejeft it ; for that were to let the ju¬ dicial power above that of the legiflature, which would be fubverfive of all government. But where feme col¬ lateral matter arifes out of the general words, and hap- ' pens to be unreasonable 5 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 dilregard it. I hus if an aft of parliament gives a man power to try all caufes that arife within his ma¬ nor of Hale} yet, if a caufe ftiould ariie in which he himfelf is party, the aft is conftrued not to extend to that, becaufe it is unreafonable that any man fhould determine his own quarrel. But, if we could conceive it poffible for the parliament to enaft, that he ftiould try as well his own caufes as thofe of other perfons, there is no court that has power to defeat the intent of the legiftature, when 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 impoflible in its very effence to be reduced to flated rules, hath been ftiown 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 fueh rules of the unwritten law as are not of a pofitive kind, th ere are alfo courts of equity eftabliftied for the be¬ nefit of the fubjeft, to deleft latent frauds and conceal¬ ments, which the procefs of the courts of law is not adapted to reach j to enforce the execution of fuch matters of truft and confidence, as are binding in con- fcience, though not cognizable in a court of lawr j to deliver from (uch dangers as are owing to misfortune or over fight j 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 L A W. but will taindcr. Cliapt I# ^ Law of of the courts of equity, which however are only con- Englaod yerfant in matters of property. For the freedom of Epitumif"^ our con{titution will not permit, that in criminal cafes a power thould be lodged in any judge to conftrue the law otherwife than according to the letter. This cau¬ tion, while it admirably protects the public liberty, can never bear hard upon individuals. A man cannot fuf- fer more puniihment than the law affigns, but he may fuller lefs. The laws cannot be ftrained by partiality to inflicd a penalty beyond what the letter will warrant -f but, in cafes where the letter induces any apparent hard- Ihip, the crown has the power to pardon. The objedls 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 of Persons. Sect. I. Of the Abfolute Rights of Individuals. jllv. (1.) The obje&s of the Laws of England are, I. Rights, 2. Wrongs. (2.) Rights are the rights of perfons, 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 (limply) rights ; but, when we confider the per¬ fon from whom they are due, they are then denomi¬ nated duties. (4.) 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. Abfolute, or fuch as belong to individuals. 2. Relative, or fuch as regard members of fociety. (6.) The abfolute rights of individuals regarded by the municipal laws (which pay no attention to duties, of the abfolute kind), compote 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- men, as frequently declared in parliament, are princi¬ pally three : the right of perfonal fecurity, of perfonal liberty, and of private property. (9.) The right of perfonal fecurity conlifts in the le¬ gal enjoyment of life, limb, body, health, and reputa¬ tion. (10.) The right of perfonal liberty conlifts in the free power of loco motion, without illegal reftraint or banifhment. (II.) The right of private property confifts in every man’s free ufe and difpofal of his own lawful acquili- tions, without injury or illegal diminution. (12.) Befides thefe three pr many rights, there are others which are fecondary and fubordinate j viz. (to preferve the former from unlawful attacks). 1. The cenftitution and power of parliaments ; 2. The limita¬ tion of the king’s prerogative :—and (to vindicate them when actually violated ; 3. The regular adminiftration ef public juftice 3 4. The right of petitioning for re- 3 1 W. 599 drefs of grievances 5 5. The right of having and ufmg Law of arms for felf-defence. England Epitonmed. Sect. II. Of the Parliament. (I.) The relations of perfons are, I. Public ; 2. Pri- xlv. vote. The public relations are thofe of magijlrates and people. Magf rates are fuperior or Jubordwate. And of fupreme magiftrates, in England, the parliament is the fupreme legiflative, the king the fupreme executive. (2.) Parliaments, in fome lhape, are of as high an¬ tiquity as the Saxon government in this illand ; and have fublifted, in their prefent form, at leait five hun¬ dred years. (3.) The parliament is affembled by the king’s writs, and its fitting muit not be intermitted above three years. (4.) Its conflituent parts are the king’s mnjefly, the lords fpiritual and temporal, and the commons repre- fented by their members : each of which parts has a negative, or neceflfary, voice in making laws. (5.) With regard to the general law of parliament \ its power is ablolute : each houfe is the judge of its own privileges 3 and all the members of either houfe are entitled to the privilege of fpeech, of perfon, 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 3 to be attended by the fages of the law 3 to make proxies 3 to enter protefts 3 and to regulate the ele£tion of the 16 peers of North Britain. (7.) The peculiar privileges of the commons are, to frame taxes for the fubje£t 3 and to determine the me¬ rits of their own eledions, with regard to the qualifi¬ cations of the eledors and eleded, and the proceedings at eledions themfelves. (8.) Bills are ufually twice read in each houfe, com¬ mitted, engroffed, and then read a third time 3 and when they have obtained the concurrence of both houfes, and received the royal affent, they become ads of parliament. (9.) The houfes may adjourn themfelves j but the king only can prorogue the parliament. (lO.) Parliaments are diifolved, 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 xlvi. is lodged in a fingle perfon 3 the king or queen. (2.) This royal perfon may be coniidered 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 of the kingdom, hath ever been defcendible, and fo continues. (4.) The crown is delcendible in a courfe peculiar to itfelf. ('5.'I This courfe of defcent is fubjed to limitation by parliament. (6.) Notwithftanding fuch limitations, the crown retains W. Chap. I. .(3-) The direB prerogatives regard, t. The king's Law of digmiy, or royal character ; 2. H\s authority, or regal En=lai|.d power : 3. His revenue, or royal income. Lpitormfed. (4.) The king's dignity confifts in the legal attributes of, 1. Perfonal fovereignty. 2. Abfolute perfedion. 3. Political perpetuity. (5.) In the king's authority, or regal power, confifts the executive part of government. (6.) \w foreign concerns-, the as the reprefen- tative of the nation, has the right or prerogative, 1. Of fending and receiving ambaifadors. 2.' Of making trea¬ ties. 3. Of proclaiming war or peace. 4. Of iffuing reprifals. 5. Of granting fafe condu&s. (7.) In domeftic affairs $ the is, firft, a confti- tuent part of the fupreme legiflative power } hath a ne¬ gative upon all new laws j and is bound by no ftatute, 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, ereft beacons, prohibit the exportation of arms and ammunition, and confine his fubjedts within the realm, or recal them from foreign parts. (9.) The king is alfo the fountain of juftice, and ge¬ neral confervator of the peace ; and therefore may eredt courts (where he hath a legal ubiquity), profecute of¬ fenders, pardon crimes, and iffue proclamations. (10.) He is likewife the fountain of honour, of of¬ fice, and of privilege. (11.) He is alfo the arbiter of domejlic commerce j (not of foreign, which is regulated by the law of mer¬ chants) 5 and is therefore entitled to the eredlion of public marts, the regulation of weights and meafiires, and the coinage or legitimation of money. (12.) The king is, laftly, the fupreme head of the church j and, as fuch, convenes, regulates, and dilfolves fynods, nominates bilhops, and receives appeals in all eeelefiaftical caufes. L A retains its defcendible quality, and becomes hereditary in the prince to whom it is limited. (7.) King Egbert, King Canute, and King Wil¬ liam I. have been fucceflively conftituted the common ftocks, or anceftors, of this defcent. (8.) At the Revolution the convention of eftates, or reprefentative body of the nation, declared, that the mifcondudl 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 Proteftant heirs of the blood royal of King Charles I. to fill the vacant throne, in the old order of fucceffion ; with a temporary exception, or preference, to the perfon of King William III. (1 o.) On the impending failure of the Proteftant line of King Charles I. (whereby the throne might again have become vacant) the king and parliament extend¬ ed 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 ftie is now the common flock, from whom the heirs of the crown muft defcend. Sect. IV. Of the King's Royal 'Family. (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 diftinft revenues. (3.) 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. (1.) The king's councils are, 1. The parliament. 2. The great council of peers. 3. The judges, for matters of law. 4. The privy council. (2.) In privy counfellors may be confidered, 1. Their creation. 2. Their qualifications. 3. Their duties. 4. Their powers. 5. Their privileges. 6. Their dif- folution. Sect. VI. Of the King's Duties. (1.) The king's duties, are to govern his people ac¬ cording to law, to execute judgment in mercy, and to maintain the eftablilhed religion. Thefe are his part of the original contract between himfelf and the peo¬ ple j founded in the nature of fociety, and exprelfed in his oath at the coronation. Sett. VII. Of the King's Prerogative. (1.) Prerogative is that fpecial power and pre-emi¬ nence which 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, or incidental. The incidental, arifing out of other matters, are confi- /iered as they arife : We now treat only of the direB. Sect. VIII. Of the King's Revenue. (1.) The king's revenue is either ordinary or extra¬ ordinary. And the ordinary is, 1. Ecclefwftical. 2. Tem¬ poral. (2.) The king's ecclejiafical revenue confifts in, 1. The cuftody of the temporallies of vacant bifliop- 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 demefne 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 ifluing from the duty en wine licenfes ; being the refidue of the fame confideration. 4. His forefts. 5. His courts of juftice. 6. Royal filh. 7. Wrecks, and things jetfam, flotfam, and ligan. 8. Royal mines. 9. Treafure trove. 10. 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 ffteenth part of the move¬ ables Chap. I. LA Law of ablcs in every town (In’p ; or by fcutages, hydages, and Eng!and taUiages • which were fucceeded by fub/idies afleffed EpiromitRd. u^(m individuals, with refpedl to their lands and goods. (6.) A new fyflera of taxation took place about the time of the Revolution : our modern taxes are therefore, i. Annual. 2. Perpetual. (7.) The annual taxes are, 1. The land tax, or the ancient fublidy raifed upon a new affeffment. 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. The excife duty, or inland impofition on a great variety of commodities. 3. The fait duty, or excife on fait. 4. The poft office, or duty for the carriage of letters. 5. The ftamp duty on paper, parchment, Sec. 6. The duty on houfes and windows. 7. The duty on licenfes for hackney coaches and chairs. 8. The duty on offices and penlions. (q.) Part of this revenue is applied to pay the inte- refl: of the national debt, till the principal is difehar- ged by parliament. (10.) The produce of thefe feveral taxes were ori¬ ginally fe pa rate and fpecific funds, to anfwer fpecific loans upon their refpe&ive 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 ftrengthen the Security of the whole. (11.) The furpluffes of thefe funds, after paying the intereft of the national debt, are carried together, and denominated \\\qJinking 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 iijl; 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 Magifrates. lii. (1.) Subordinate maglftrates, of the moft general ufe and authority, are, 1. Sheriffs. 2. Coroners. 3. Jlift ices of the Peace. 4. Confables. 5. Surveyors of the high¬ ways. 6. Overfeers of the poor. (2.") The Jhenff is the keeper of each county, annual¬ ly nominated in due form by the king j 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, elefted by the freeholders ; whofe office it is to make inquiry concerning the death of the king’s fubjefts, and certain revenues of the crown ; and alfo, in particular cafes, to fupply the office of (heriff. (4-) Jufices of the peace are magifirates 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; and to do many other a6!s committed to their charge by particular llatutes. (3.) Con/lablds are officers of hundreds and town- fhtps, appointed at the leet, and empowered to preferve Vol. XI. Part II. w. 601 the peace, to keep watch and ward, and to apprehend offenders. (6.) Surveyors of the highways are officers appoint¬ ed annually in every parifh 5 to remove annoyances in, and to direct the reparation of the public roads. (7.) Overfeers of the poor are officers appointed an¬ nually in every parilh ; to relieve fuch impotent, and employ fuch fturdy poor, as are fettled in each parilh, —by birth,—by parentage,—by marriage,—or by 40 days refidence j accompanied with, 1. Notice. 2. Renting a tenement of ten pounds annual value. 3. Paying their affeffed 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. Law of England Epitomifed. Sect. X. Of the People, whether Aliens, Denizens, or Natives. (1.) The people are either aliens, that is, born out of Hu. the dominions or allegiance of the crown of Great Britain 5 or natives, that is, born within it. (2.) Allegiance is the duty of all fubje&s ; being the reciprocal tie of the people to the prince, in return for the protection he affords them •, and, in natives, this duty of allegiance is natural and perpetual : in aliens, is local and temporary only. (3.) The rights ef natives are alfo natural and per¬ petual : thofe oi aliens, local and temporary only un- lefis they be made denizens by the king, or naturalized by parliament. Sect. XI. Of the Clergy. (1.) The people, whether aliens, denizens, or na- Hr. tives, are alfo either clergy, that is, all per'm 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. Archbiffiops and biihops ; who are eleCled by their 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. 5. Parfons (under which are included appro- priators) and vicars ; to whom there are generally re- quifite, holy orders, prefentation, inftitution and induc¬ tion. 6. Curates. To which may be added, 7. Church wardens. 8. Parilh clerks and fextons. Sect. XII. Of the Civil State. (1.) The laity are divifible into three Rates ; civil, military, mssA 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 refpe£f ive honours : they are created either by writ, that is, by fummons to parliament ; or by the king’s letters patent, that is, by royal grant : and they eaijoy many privileges exclufive of their fenatorial ca¬ pacity. 4 G~ (4.) The Iv. 6o2 L A W. Part II. Law of (’4.) The commonalty confift of knights of the garter, England knights bannerets, baronets, knights of the bath, knights Epitomifod. |3ac}aeiorS} efquires, gentlemen, yeomen, tradefmen, ar¬ tificers, and labourers. Sect. XIII. Of the Military and Maritime States. Ivi. (x.) The military ftate, by the Handing eonftitu- tional law, confifts of the militia of each county, raif- ed from 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 j and, during that period, are governed by martial law, or arbitrary articles of war, formed at the pleafure of the crown. (3.) The maritime ftate confifts of the officers and mariners of the Britiftr navy 5 who are governed by ex- prefs and permanent laws, or the articles of the navy, eftabliffied by aft of parliament. Sect. XIV. Of Mafer and Servants. Ivii. (x.) The private, economical, relations, of perfons are thofe of, J. Majler and fervants. 2. Hvfband and wife. 3. Parent and child. 4. Guardian and ward. (2.) The firft relation may fubfift between a mafter and four fpecies of fervants , (for flavery is unknown to our laws) : viz. 1. Menial fervants j who are hired. 1. Apprentices j who are bound by indentures. 3. La¬ bourers \ who are cafually employed. 4. Stewards, bai¬ liffs, and faftors 5 who are rather in a mini/lerial 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 fervant 5 and muft be anfwerable for fuch afts as the fervant does by his exprefs, or implied, command. (2.) Children are, 1. Legitimate ; being thofe who Law of are born in lawful wedlock, or within a competent time IT'Enslantl, after. 2. Baflards, being thofe who are not fo. ^pitomiie , (3.) The duties of parents to ZegT/zwo/e children are, I. Maintenance. 2. Proteftion. 3. Education. (4.) The power of parents confifts principally in cor- reftion, and confent to marriage. Both may after death be delegated by will to a guardian 5 and the former al- fo, living the parent, to a tutor or mafter. (<;.) The duties of legitimate children to parents are obedience, proteftion, 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 j for he is incapable of inheriting any thing. Sect. XVII. Of Guardian and Ward. (1.) The fourth private relation is that of guardian 1«> and ward, which is plainly derived from the laft ; thefe being, during the continuance of their relation, recipro¬ cally fubjeft 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 ecclefiaftieal courts. 3. Guardians in fo- cage, afligned by the common law. 4. Guardians by ftatute, affigned by the father’s will. All fubjeft to the fuperintendance of the court of chancery. (3.) Pull age in male or female for all purpofes is the age of 21 years (different ages being allowed for different purpofes) ; till which age the perlon is an in-, font. (4.) An infant, in refpeft of his tender years, hath various privileges, and various difabilities, in law j chiefly with regard to fuits, crimes, eftates and con- trafts. Sect. XVIII. Of Corporations. Sect. XV. Of Hufbar.d and Wife. kai. (x.) The fecond private relation is that of marriage ; which includes the reciprocal rights and duties of hufband and wife. (2.) Marriage is duly contrafted between perfons, f. 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 want 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 exifting previous to the contraft. 3. By aft of parliament, as for adultery. (4.) By marriage the hufband and wife become one perfon in law •, which unity is the principal foundation of their refpeftive rights, duties, and dilabilities. Sect. XVI. Of Parent and Child. lix. (1.) The third, and moft univerfal private relation, is that of parent and child. (1.) Bodies politic, or corporations, which axe arti- isr„ fcial perfons, are eftabliftied for preferving in perpetual fucceffion certain rights 5 which, being conferred on natural perfons only, would fail in procefs of time. (2.) Corporations are, 1. Aggregate, confifting of many members. 2. Sole, confifting of one perfon only. (3.) Corporations are alfo either fpintual, erefted to perpetuate the rights of the church •, or lay. And the lay are, 1. Civil; erefted for many temporal purpofes. 2. Kleemofynary ; erefted to perpetuate the charity of the founder. (4.) Corporations are ufually erefted and named by virtue of the king’s royal charter j but may be created by aft of parliament. (5.) The powers incident to all corporations are, j. To maintain perpetual fucceflion. 2. do aft in their corporate capacity like an individual. 3. 10 hold lands, fubjeft to the ftatutes of mortmain. 4. To have a com¬ mon leal. 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 anfwer the ends of their inftitution. (7.) To enforce this duty, all corporations may be vifited: fpiritual corporations by the ordinary -, lay cor¬ porations by the founder, or his reprefeniatives j viz. the Chap. II. L Law of the civil by the king (who is the fundator incipient of England reprefented in his court of king’s bench ; the elee- Ep.tumi eu. by tbe endower (who is the fundator perfi- ciens of fuch), or by his heirs or affigns. (8.) Corporations may be diffolved, I. By aft of parliament. 2. By the natural death of all their mem¬ bers. 3. By furrender of their franchifes. 4. By for¬ feiture of their charter. ' ixii. Chap. II. Of the Rights o/’Thincs. Sect. I. Of Property in General. Ixiii. (l.) All dominion over external objefts has its ori¬ ginal from the gift of the Creator to man in general. (2.) The fuhjlance of things was, at firft, common to all mankind $ yet a temporary property in the ufe of them, might even then be acquired, and continued, by occupancy. (3.) In procefs of time a permanent property was eftablifhed in t\ie fubjlance, as well as the ufe of things 5 which was alfo originally acquired by occupancy only. (4.) Left th s property fhould determine by the owner’s dereliftion or death, whereby the thing would aga; 1 become common, focieties have eftabliftied con- veyai rex, u)?7/.r, and heirfipx, in order to continue the properly of the firft occupant: and, where by accident fuch property becomes difeontinued 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 fubfifts only the fame tranfient ufufruftuary property, which originally fubfifted in all things. # , ~ Sect. II. Of Peal Property ; and, firf, of Corporeal Hereditaments. 3*iv. (l-) In this property, or exclufive dominion, confift the rights oithings; which are, 1. Things real. 2. Things perfonal. (2.) In things real may be confidered, 1. Their fe- veral kinds. 2. The tenures by which they may be holden. 3. The efates 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. (4.) Hereditaments, therefore, or whatever may come to be inherited (being the moft comprehenlive deno¬ mination of things real), are either corporeal or incor¬ poreal. (5.) C-jr/iorea/hereditaments confift wholly of lands, in their large!! legal fenfe •, wherein they include not only the face of the earth, but every other objeft of fenfe adjoining thereto, and fubfifting either above or beneath it. Sect. III. Of Incorporeal Hereditaments. hv, (1.) Incorporeal hereditaments are rights iffuing out A \V« 503 of things corporeal, or concerning, or annexed to, or Law of exercifable within the fame. England (2.) Incorporeal hereditaments are, x. AdvowCons. EPltomife(i‘ 2. Tithes. 3. Commons. 4. Ways. 5. Offices. 6. Dig¬ nities. 7. Franchifes. 8. Corodies or penfions. 9. An¬ nuities. 1 o. Rents. (3.) An advowfon is a right of prefentation to an ecclefiaftical benefice •, either appendant, or in grafs; This may be, 1. Prefentative. 2. Collative. 3. Do¬ native. (4.) Tithes are the tenth part of the increafe yearly ariiing 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 fpecially difeharged, 1. By real compofition. 2. By prefeription, either de tnodo decimandi, or de non deci- mando. (5.) Common is a profit which a man hath in the land of another j being, 1. Common of pafture, which is either appendant, appurtenant, becaufe of vicinage, or in grofs. 2. Common of pifeary. 3. Common of turbary. 4. Common of eftovers, or botes. (6.) Ways are a right of paffing over another man’s ground. (7.) Offices are the right to exercife a public or pri¬ vate empleyment. (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. (10.) Corodies are allotments for one’s fuftenance j which may be converted into penfions, fee chap. i. feft. 8. (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 j and are reducible to, 1. Rent- fervice. 2. Rent-charge. 3. Rent-feck. Sect. IV. Of the Feodal Syftem. (1.) The doftrine of tenures is derived from the jxvi. feodal law j which was planted in Europe by its nor¬ thern conquerors at the diflblution 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 5 were held under the bond of fealty j were inheritable only by de- feendants j and could not be transferred without the mutual confent 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 defeent, and other circumftances. (5.) The 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. 604 Law of England Sect. V. Of the Ancient Englijh Tenures. Epitomifed. ^ (i.) The diftinfHon 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 foc- age ; w here the fervice w as free, and certain. 3. Pure vttlena^e ; where the fervice was bafe, and uncertain. 4. Privileged villenage, or villein foe age ; where the fer¬ vice w-as bafe, but certain. (2.) The moft univerfal ancient tenure vras that in chivalry, or by knight fervice; in which the tenant of every knight’s fee was bound, if called upon, to attend his lord to the wars. This was granted by livery, and perfefted by homage and fealty 3 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. 7. Efcheat. (4.) Grand ferjeanty differed from chivalry princi¬ pally in its render, or fervice 3 and not in its fruits and confequences. (5.) The perfonal fervice in chivalry w'as at length gradually changed into pecuniary affeffments, which were called feutage by efcuogc. (6.) Thefe military tenures (except the fervices of grand ferjeanty) were, at the reftoration of King Charles, totally abolifhed, and reduced to free focage by a£t of parliament. Sect. VI. Of the Modern Englifh Tenures. Ixviii. (I-7 Free focage is a tenure by any free, certain, and determinate fervice. (2.) This tenure, the relick of Saxon liberty, in¬ cludes petit ferjeanly, tenure in burgage, and gavel¬ kind, (3.) Free focage lands partake ftrongly of the feodal nature, as vrell as thofe in chivalry : being holden 3 fubjeft to fome fervice, at the leaf! to fealty and fuit of court 3 fubjeft to relief, to wardfhip, and to efcheat, but not to marriage 3 fubjedt alfo formerly to aids, pri¬ mer feifin, and fines for alienation. (4.) Pure villenage was a precarious and flavilh te¬ nure, at the abfolute will of the lord, upon uncertain fervices of the bafeft nature. (5.) From hence, by tacit confent or encroachment, have arifen the modern copyholds, or tenure by copy of court-roll: in which lands may be ftill held^at the (no¬ minal) will of the lord, (but regulated) according to the cuftom of the manor. (6.) Thefe are fubjeft, like focage lands, to fervices, relief, and efcheat 3 and alfo to heriots, wardfhip, and fine;, upon defeent and alienation. (7.) Privileged villenage, or villein focage, is an ex¬ alted fpecies of copyhold tenure, upon bafe, but cer¬ tain, fervices 3 fubfifting only in the ancient demefnes ©f the crow n 3 whence the tenure is denominated the tenure in ancient demrfne. (8.) Thefe copyholds of ancient demefne have di¬ vers immunities annexed to their tenure 3 but are ftill held by copy of court-roll, according to the cuftom of the manor, though not at the will of the lord A W. Part II. (9.) Frankalmoign is a tenure by fpiritual fervices at J-^w of large, whereby many eeclefiaitical and eleemolynary kiigiaruf corporations now hold their lands and tenements 3 be- c ; ing of a nature diftinCt from tenure by divine iervice in certain. Sect. VII. Of Freehold Efates of Inheritance. (1.) Eftates in lands, tenements, and hereditaments, Ixix. are fuch intereft as th.e tenant hath therein 3 toalcertain which, may be confidered, 1. The quantity of intered. 1. The time of enjoyment. 3. The number and con¬ nexions of the tenants. (2.) Eftates, with refpeft to their quantity of inte- ref, or duration, are either freehold, or lefs than free¬ hold. (3.) A freehold eftate, in lands, is fuch as is creat¬ ed by livery of feifin at common law 3 or, in tene¬ ments of an incorporeal nature, by what is equivalent thereto. (4.) Freehold eftates are either eftates of inheri¬ tance or not of inheritance, viz. for ife only : and in¬ heritances are, 1. Abfoluie, or fee-fmple. 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, I. 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 3 which con¬ dition being once performed by the birth of iffue, the donee might immediately alien the land : but the fta- tute de donis being made to prevent fuch alteration, thereupon from the divifion of the fee (by conftru or years? to him that hath the immediate re- . ^ ^ ‘ ' mainde.r or reverfion j wherein the particular eftate may merge. (17.) An alignment is the transfer, or making over to another, of the whole right one has in any eftate ; but ufually in a leafe, for life or years. (18.) A defeasance is a collateral deed, made at the fame time with the original conveyance ; contain¬ ing fome condition, upon which the eftate may be de¬ feated. (19.) Conveyances by Jlatute depend much on the doftrine of ufes and trujls : which are a confidence re- pofed in the ferre tenant, or tenant of the land, that he fhall permit the profits to be enjoyed, according to the direftions of cejluy que ufe, or cejtuy que truji. ( 20.) The ftatute of ufes, having transferred all ufes into actual poffefiion, (or, rather, having drawn the polTeftion to the ufe,) has given birth to divers other i'pecies 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 direft conveyances. 5. A revocation of ufes ; 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 owre their prefent operation principally to the ftatute of ufes. (21.) Deeds which are ufed not to convey, but only to charge real property, and dfeharge it, are, 1. Obligations. 2. Recognisances. 3. Defeasances upon both. SECT. XXI. Of Alienation by matter of Record. Ixxxiii. (1.) Affurances by matter of record are where the fandtion of fome court of record is called in, to fub- ftantiate and witnefs the transfer of real property. Thefe are, 1. Private aciis of parliament. 2. The king's grants. 3. Fines. 4 Common recoveries. (2.) Private a£ls of parliament are a fpecies: of af- furanees, calculated to give (by the tranfeendant au¬ thority of parliament) luch 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 fine (fometimes faid to be a feoffment of re¬ cord) is an amicable compofition and agreement of an aftual, or fi&itious, fuit j whereby the eftate in queftion is acknowledged to be the right of one of the parties. (5.) The parts of a fine are, r. 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 of four kinds : Sur cognisance de droit, come ceo que il ad de Jon done. 2. Sur cognisance de droit tantum. 3. Sur concefilt. 4. Sur •done-, grant, et render; which is a double fine. (7.) force and efifeB of fines (when levied by fuch as have themfelves any intereft in the eftate) are to affure the lands in queftion to the cognizee, by barring the refpe&ive rights of patties, privies, and grangers. A W. Part II. (8.) A common recovery is by an a&ual, or fi£U- Law of tious, fuit or action for land, brought againft the te- England nant of the freehold 5 who thereupon vouches another, £utomifcd. who undertakes to warrant the tenant’s title : but, up¬ on fuch vouchee’s making default, the land is recovered by judgment at law againft the tenant ; who, in re¬ turn obtains judgment againft; the vouchee to recover lands of equal value in recompenfe. (9.) The force and efifetl of a recovery are to allure lands to the recoverer, by barring tftates tail, and all remainders and reverfions expedlant thereon ; provided the tenant in tail either fuffers, or is vouched in, fuch recovery. (10.) The ufes of a fine or recovery may be direfled by, I. 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 Cufiom. (1.) Affurances by fpecial cufiom are confined to Ixxxi?. the transfer of copyhold eftates. (2.) This is efiVfted by, 1. Surrender \yy the tenant into the hands of the lord to the ufe of another, ac¬ cording to the cuftom of the manor. 2. Prejentment, by the tenants or homage, of fuch furrender. 3. Ad¬ mittance of the furrenderee by the lord, according to the ufes exprefied 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 Devifie. (1.) Devife is a difpofition of lands and tenements, jXxxv. contained in the laft w ill 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 folemiiities by the ftatute of frauds and perjuries in the fame reign. (3.) The confiruffion of all common ajfurances fhould be, I. Agreeable to the intention. 2. To the words of the parties. 3. Made upon the entire deed. 4. Bear¬ ing ftrongeft againft the contradlor. 3. Conformable to law. 6. Rejecting 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 ]Xxxvi» general name of chattels-, which includes whatever wants either the duration, or the immobility, attend¬ ing things real. (2.) In thefe are to be confidered, 1. Their difiri- bution. 2. The property of them. 3. The title to that property. (3.) As to the difiribution of chattels, they are, I. Chattels real 2. Chattels perfonal. (4.) Chattels real are fuch quantities of intereft, in things immoveable, as are fhort of the duration of free¬ holds ■, being limited to a lime certain, beyond which they cannot fubfift. (See Se£t. 7.) (5.) Chattels Chap. It. ^ Lav,-of (5.) Chattels perfona! are things moveable ; which Eni. and may transferred from place to place, together with tpnoir.ned. perfon 0£ the owner. Sect. XXV. Of Property in Things Perfona!. fexxvii. (1.) Property, in chattels perfonal, is either in/o/l fejjion, or in aEiion. (2.) Property in pofjejjion, where a man has the ac¬ tual enjoyment of the thing, is, 1. Abfolute. 2. ^ua/i- fied. (3.) property is where a man has fuch an, cxclufive right in the thing, that it cannot ceafe to be his, without his own a£t or default. (4.) ^ualifed property is fuch as is not, in its na¬ ture, permanent; but may fometimes fubfiit, and at ether times not fublift. (5.) This may arife, t. Where the fubjeft is inca¬ pable of abfolute ownerfhip. 2. From the peculiar cir- cumftances of the owners. (6.) Property in aBion, is where a man hath not the aftual occupation of the thing j but only a right to it, arifing upon feme contraft, and recoverable by an a£Hon at law. (7.) The property of chattels perfonal is liable to remainders, expeftant on eftates for life j to joint te- aancy j and to tenancy in common. SECT, XXVI. Of Title to Things Perfonal by Occu¬ pancy. Isxxviii. (1.) The title to things perfonal may be acquired or loft by, 1. Occupancy. 2. Prerogative. 3. Forfeiture. 4. Cujlom. 3. Succefjion. 6. Marriage. 7. Judgment. 8. Gift, or grant. 9. ContraB. \o. Bankruptcy. 11. Tefament. x 2. Ad minifir alien. ■ (2.) Occupancy ftill gives the firft occupant a right to thofe few things which have no legal owner, or which are incapable of permanent ownerlbip. Such as, 1. Goods of alien enemies. 2. Things found. 3. The benefit of the elements. 4. Animals ferce na- turce. 5. Emblements. 6. Things gained by accef- iion j or, 7. By confufion. 8. Literary property. Sect. XXVII. Of Title by Prerogative, and Forfeiture. Isxxlx. (1.) By prerogative is vefted in the crown, or its granters, the property of the royal revenue, (fee Chap. I. Se61 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 convidlion of, I. Treafon, and mifprifion thereof. 2. Felony. 3. Excufable homicide 4. Outlawry for treafon or felony. 5. Flight. 6. Standing mute. 7 Aflaults on a judge ; and batteries, fitting the courts. 8. Prce- munire. 9. Pretended prophecies. 10. Owling. 11. Redding abroad of artificers. 12. Challenges to fight, for debts at play. VOL. XI. Part II. A W. Sect. XXVIII. Of Title by Cujlom. (l.") By cufom, obtaining in particular places, a Xc. right may be acquired in chattels ; the moft ulual of which cuftoms are thofe relating (o, 1. Hetiots. 2. Mortuaries. 3 Heir looms, (2.) Heriots are either heriot fervice, which dif¬ fers little from a rent; or heriot cujlom, which is a cuftomary tribute, of goods and chattels, paya le to the lord of the fee on the deceafe of the owner of lands. (3.) Mortuaries are a cuftomary gift, due to the minifter in many parilhes, on the death of his pa- riftiioners. (4.) Heir looms are fuch perfonal chattels as defeend by fpecial cuftom to the heir, along with the inheri¬ tance of his anceftor. Sect. XXIX. Of Title by SucceJJion, Marriage, and Judgment. (1.) By fucceffion the right of chattels is vefted in xcjt 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 vefted in the hufband, in the fame degree of property, and with the fame powers, as the wife when foie had over them ; provided he reduces them to pofl’efiion. (3.) The wife alfo acquires, by marriage, a property in her own paraphernalia. (4.) By judgment, confequent on a fuit at law, a man may in fome cafes, not only recover, but originally ac¬ quire, a right to perfonal property. As, 1. To penal¬ ties recoverable by a£fion popular. 2. To damages. 3, To cofts of fuit. Sect. XXX. Of Title by Gift, G?'ant, and ContraB. (1.) A. gift, or grant, is a voluntary conveyance of xcii, a chattel perfonal in poffeffion, without any confidera- tion or equivalent. (2.) A contraB is an agreement, upon fufficient cen- fideration, to do or not to do a particular thing : and, by fuch contracl, any perfonal property (either in pof- feffion or in adlion) may be transferred. (3.) Contrafts may either be exprefs or implied $ either executed or executory. (4.) The confderation of contrails is, 1 A good confideration. 2. A valuable confideraiion ; which is, 1. Do, ut des. 2. Facio, ut facias. 3. Facto, ut des. 4. Do, ut facias. (3.) The moft ufual fpecies of perfonal contracts are, 1. Hale 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 fome re* compenfe in value. (7.) Bailment is the delivery of goods in truft ; up¬ on a contraft, exprefs or implied, that the trult ftiall be faitbfuliy performed by the bailee. (8.^) Hiring or borrowing is a contract, whereby the 4 H poffeiuos. Law of England Epiroaiif?d. 6io L A Law of pofleffion of chattels is transferred for a particular time, England on concJition that the identical goods (or fometlines I'pitoiui_c . their value) be reftored at the time appointed, toge¬ ther with (in cafe of hiring) a ftipend or price for the ufe. (9.) This price, being calculated to anfwer the ha¬ zard as well as inconvenience of lending, gives birth to the do&rine of interej}, or ufury, upon loans } and, confequently, to the doftrine of bottomry or refpotidentia, and infnrance. (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 contract. 3. A debt upon Jimple contract j which laft includes paper credit, or bills of exchange, and promiffory notes. Sect. XXXI. Of Tit/e by Bankruptcy. (i.) Bankruptcy (as defined in Se£t. 18.) is the afl of becoming a bankrupt. (2.) Herein may bo confidered, 1. Who may be¬ come a bankrupt. 2. The aBs 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, ujing 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 ftatutes of bankruptcy, doth thereby commit an aB of bankruptcy. (5,) The proceedings on a commiffion of bankrupt, fo far as they affedt the bankrupt himfelf, are princi¬ pally by, 3. Petition. 2. Commiffion. 3. Declara¬ tion of bankruptcy. 4. Choice of affignees. 5. The bankrupt’s furrender. 6. His examination. 7. His difeovery. 8. His certificate. 9. His allowance. 10. His indemnity. (6.) The property of a bankrupt’s perfonal eftate is, immediately upon the a£t of bankruptcy, veiled by conftrudtion of law in the affignees j and they, when they have colle£ted, diftribute the whole by equal divi¬ dends among all the creditors. Sect. XXXII. Of Title by Tef ament, and Admini- firation. (1.) Concerning tef aments and adminif rations, 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- nijlrators. 5. Their office and duty. (2.) Tef aments have fubfifted in England immemo- rially • whereby the deceafed was at liberty to difpofe of his perfonal eftate, referving anciently to his wife and children their reafonable part of his effects. (3.} The goods of intefates belonged anciently to the king ; who granted them to the prelates to be dif- pofed in pious ufes : but, on their abufe of this truft jn the times of Popery, the legiflature compelled them to delegate their power to adminifrators exprelsly pro¬ vided by law. (4.) All perfons may make a teftament unlefs dif- 4 W. PartlF. abied by, I. Want of difcretion. 2. Want ox free will. Law of 3. Criminal conduft. England (5.) Tef aments are the legal declaration of a man’s Epuomifed,, intentions, which he wills to be performed after his "J death. Thefe are^ 1. Written. 2. Nuncupative. (6.) An executor is he, to whom a man by his will commits the execution thereof. (7.) Adminifrators are, 1. Durante minore estate of an infant executor or adminiftrator ; or durante abfentia; or pendente lite. 2. Cum tefamento annexo ; when no ex¬ ecutor is named, or the executor refufes to aft. 3. Ge¬ neral adminiftrators; in purfuance of the ftatutes of Edward III. and Henry VIII. 4. Adminifters de bonis non ; when a former executor or adminiftrator dies without completing his truft. (8.) The office and duty of executors (and, in many points, of adminiftrators alfo) are, 1. To bury the de¬ ceafed. 2. To prove the will, or take out adminiftra-’ tion. 3. To make an inventory. 4. To colleft the goods and chattels. 5. To pay debts; obferving the rules of priority. 6. To pay legacies, either general or fnecific ; if they be veiled, and not lapfed. 7. To diftribute the undevifed furplus, according to the fta- tute 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. 1. Private. 2. Public. (2.) Private wrongs, or civil injuries, are an in¬ fringement, or privation, of the civil rights of indivi¬ duals, confidered as individuals. (3.) The redrefs of civil injuries is one principal ob- jeft of the laws ol England. (4.) This redrefs is effefted, 1. By the mere aB of the parties. 2. By the mere operation of law. 3. By both together, or fait in courts. (5 ) Redrefs, by the mere aB of the parties, is that which arifes, 1. From the foie aft of the party injured. 2. From Cat joint aft of the parties. (6.) Of the firft fort are, 1. Defence of one’s felf, or relations. 2. Recaption of goods. 3. Entry on lands and tenements. 4. Abatement of nuifances. 5. Dif- trefs j for rent, for fuit or fervice; for amercements, for damage, or for divers ftatutable penalties; made of fuch things only as are legally diftrainable ;—and ta¬ ken and difpofed of according to the due courfe of law. 6. Seifing of heriots, &c. (7.) Of the fecond fort are, 1. Accord. 2. Arbi¬ tration. Sect. II. Of Redrefs by the mere Operation of Law. Redrefs, effefted by the mere operation of law, is, xevi. 1. In the cafe of retainer; where a creditor is executor or adminiftrator, and is thereupon allowed to retain his own debt. 2. In the cafe of remitter ; where one, who has a good title to lands, &c. comes int® poffef- fion by a bad one, and is thereupon remitted to his ancient good title, which protefts his ill-acquired pof- feffion. SECTa Chap. III. Law of England Sect. III. Of Courts in General. Kpitomifed. ^'xcvii. (l.) Redrefs, that Is effected by the aB both of law and of the partiesy is by fuit or aBion in the courts of juftice. (2.) Herein may be coniidered, I. The courts them- felves. 2. The cognisance of wrongs or injuries there¬ in. And, of courts, I. Their nature and incidents. 2. Their feveral fpecies. (3.) A court is a place wherein juftice is judicially ndminiftered, by officers delegated by the crown ; 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 *, and advocates or counfel, viz. either barrifters or fcrjeants at law. Sect. IV. Of the Public Courts of Common Law and Equity. scviii. (1.) 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- rifdiftion. (2.) Public courts of juftice are, 1. The courts of common law and equity. 2. The ecclejiafiical courts. 3. The military courts. 4. The maritime courts. (3.) The general and public courts of common law and equity are, 1. 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 houle of peers. To which may be added, as auxiliaries, II. The courts of aflize and niji prius. Sect. V. Of Courts Ecclefafical, Military, and Mari¬ time. xcix. (!•) Ecclefiaftical courts, (which were feparated from the temporal by William the Conqueror), or courts Chriflian, are, 1. The courts of the archdeacon. 2. The court of the bifhop’s confiftory. 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 eftabliftied 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 privy council, and others, autho¬ rized by the king’s commiflion, for appeals in prize- caufes. Sect. VI. Of Courts of a Special JurifdiBion. c. Courts of a fpecial or private jurifdiftion are, I. The foreft courts ; including the courts of attach¬ ments, regard, fwienmot, and juftice feat. 2. The •'.,v :tr. 6l l court of commiiTioners of fewers. 3. The court of po- baw °f licies of affurance. 4. The court of the marftialfea and - the palace court. 5. The courts of the principality of Wales. 6. The court of the duchy chamber of Lan- cafter. 7. The courts of the counties palatine, and other royal franchifes. 8. The {tannery courts. 9. The courts of London, and other corporations :—lo which may be referred the courts of requefts or courts of con- fcience ; and the modern regulations of certain courts baron and county courts. 10. The courts of the two univerlities. Sect. VII. Of the Cognisance of Private Wrongs. (1.) All private wrongs or civil injuries are cogni- ci. sable either in the courts ecclefafical, military, maritime, or thofe of common law. (2.) Injuries cognizable in the ecclefafical courts are, 1. Pecuniary. 2. Matrimonial. 3. Ief amentary. (3.) Pecuniary injuries, here cognizable, are, I. Sub¬ traction of tithes. For which the remedy is by fuit to compel their payment, or an equivalent j and alfo their double value. 2. Non-payment of ecclefiaftical dues. Remedy : by fuit for payment. 3. Spoliation. Re¬ medy : by fuit for reftitution. 4. Dilapidations. Re¬ medy : by fuit for damages. 5. Non-repair of the church, &c. 5 and non-payment of church-rates. Re¬ medy : by fuit to compel them. (4.) Matrimonial iriyxx'ws are, 1. JaBitation of mar¬ riage. Remedy: by fuit for perpetual {Hence. 2. Sub- traBien of conjugal rights. Remedy : by fuit for re¬ ftitution. 3. Inability for the marriage ftate. Reme¬ dy : by fuit for divorce. 4. Refufal of decent mainte¬ nance to the wife. Remedy : by fuit lor alimony. (5.) Tef amentary injuries are, 1. Difputing the va¬ lidity of wills. Remedy : by fuit to eftablifti them. 2. ObfruBing of administrations. Remedy : by fuit for the granting them. 3. SubtraBion 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- pulfive procefs is that of excommunication •, which is enforced by the temporal writ oi fgnifcavit, or de ex¬ communicato capiendo. (7.) Civil injuries, cognizable in the court military, or court of chivalry, are, I. 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 ariftng wholly upon the fea, and not within the precinfts of any county. The proceedings are herein alfo much conformed to the civil law. (9.) All other injuries are cognizable only in the courts of common law : of which in the remainder of this chapter. (10.) Two of them are, however, commiflible by thefe and other inferior courts, viz. 1. Refufal, or ne- gleB of jufice. Remedies : by writ of procedendo, or mandamus. 2. Encroachment of jurifliBion. Remedy : by writ of prohibition. L A W. 4 H a Sect. 61 2 Law of England Epitoixuled. Sect, VIII. ’L 'A W. Part IT. (16.) Injuries to a rnajter are, I. Retaining his fer- Lt.wof Qf Wrongs and their Remedies, refpeSling vants. Remedy : by action on the cafe j for damages, the Rights of Ferfons, 2. Beating^ them. Remedy : by aftion on the cafe, perEpit0”>if^J quadfervitium amifit; for damages. ’ fi.) In treating' of the cognizance of injuries by the courts of cowrao.v. law, may be confidered* I. The in¬ juries themfelves, and their refpe£tive remedies. 2. The purfuit of thole remedies in the feveral courts. (2.) 1''juries between fubjeft and fuMccf, cogniz¬ able by the courts of common law, are in general re¬ medied by putting the party injured into poffeffion of that right whei of he is unjuRly deprived. (3,.) X ;is is effected, i. By delhery of the thing, de¬ tained to the rightful owner. 2. Where that remedy is either impoiTible or inadequate, by giving the party injured aJatifaSdion in damages. (4.) The inftruments, by which tbefe remedies may be obtained, areJuits or aBians; which are dclined to be the legal demand, of one’s right: and thefe are, X. Perfonal. 2. Real. 3. Mixed. (5.) Injuries (whereof fome are with, others without, forcej are, 1. Injuries to the. rights of perfons. 2. In¬ juries to the rights of property. And the former are, x. Injuries to the abfelute, 2. Injuries to the relative, rights of perfons. (6.) The abfolute rights of individuals are, 1. Per¬ fonalfecurity. 2. Perfonal liberty. 3. Private property: (See Chap. I. Se£f. x.) To which the injuries mult be correfpondenL (7.^ Injuries to perfonal fecurity are, 1. Againlt a man’s/zb?. 2. Againlt his limbs. 3. Againlt his Z'ozz^. 4. Againlt his health. 3. A gain ft his reputation.— The firlt mult be referred to the next chapter. (8.) Injuries to the limbs and body are, 1. Threats. 12. A fault. 3. Battery. 4. Wounding. 5. Mayhem. Remedy : by adtion of trefpafs, vi et armis; for da¬ mages. (9.) Injuries to health, by any unwholeforne prac¬ tices, are remedied by a fpecial action of trefpafs, on the cafe ; for damages. (10.) Injuries to reputation are, 1. Slanderous and malicious loonA. Remedy: by adtion on the cafe j for damages. 2. Libels. Remedy: the fame. 3. Ma¬ licious profeculions. Remedy : by adtionof confpiraey, or on the cafe ; for damages. (11.) The foie injury to perfonal liberty is falfe im- prifonment. Remedies : 1. By writ of, ift, Mainprize j idly, Odio et atia j 3dly, Hornine replegiando ; 4thly, Ha¬ beas corpus; to remove the wrong. 2. By adlion of trefpafs ; to recover damages. (12.) For injuries to private property, fee the next fed! ion. ( 13.) Injuries to relatives rights affedt, 1. Hifbands. 2. Parents. 3. Guardians. 4. Majlers. (14.) Injuries to a hufband are, 1. AhduBion, or taking away his wife. Remedy : by action of trefpafs, de uxore rapta ct abduBa; to recover poffeffion of his wife, and damages. 2. Criminal converfalion with her. Remedy : by adtion on the cafe ; for damages. 3. Beat¬ ing her. Remedy : by adtion on the cafe, per quod con- fortium amifit; for damages. (15.) I he only injury to a parent xsv guardian is the abduBion of their children or wards. Remedy: by ac¬ tion of trefpafs, defiliis, ve/ cufiodiis, raptis vet abduBis ; to'recover pofleffion of them,, and damages. Sect. IX Of Injuries to Perfonal Property. (!'.) Injuries to the rights of property are either tu ^ thofe of perfonal or real property. (2.) Perfonal property is either in poffcfwn or in oEiion. (3.) Injuries to perfonal property in poffeffion are, r. By dfpoffhfion. 2. By damage,.while the owner re¬ mains in poffeffion. (4.) Djpojjfjion may be effedted, 1. By an unlawful taking.. 2. By an unlawful detaining, (5.) For the unlawful taking of goods and chattels perlonal, the remedy is, 1. Adtual rellitution, which (in cafe of a wrongful dillrefs) is obtained by action ©f replevin. 2. Satisfadtion in damages: y?, in cafe of refcous, by adtion of refcous, poundbreach, or on the cafe; 2diy, in cafe of other unlawful takings,, by adtion of trefpafs or trover. (6.) For the unlawful detaining of gooffs lawfully taken, the remedy is alfo, 1. Adtual reltitulion ; by adtion of replevin or detinue. 2. Satisfadtion in da¬ mages; by adtion on the cafe, for trover and conver- lion. (7.) For damage to perfonal property, while in the owner’s poffeffion, the remedy is in- damages ; by ac¬ tion of trefpafs vi et armis, in cafe the adt be immedi¬ ately injurious ; or by adtion of trefnafs on the cafe, to redrefs confequential damage. (8i) Injuries to perfonal property, in aBion, arife by breach of contracts, 1. Exprefs. 2. Implied. (9.) Breaches of exprefs contracts are, 1. By non- performance of debts. Remedy : \fi, Specific payment recoverable by adtion of debt, idly. Damages for non¬ payment ; recoverable by action on the cafe. 2. By nonperformance of covenants. Remedy1 : by adtion-of covenant, ifl, to recover damages, in covenants per¬ fonal ; idly, to compel performance, in covenants real, 3. By nonperformance of promifes, or ajjhmpfits. Re¬ medy : by adtion on the cafe ; for damages. (TO.) Implied contradts are fueh as arife, 1. From the nature and confi itutiorr of government. 2. From reafon and the conilrudt.ion of law. (11.) Breaches of contradts, implied, in the nature of government, are by the nonpayment of money wh ich the laws have diredt'ed to be paid. Remedy : by adtion of debt (which, in fuch cafes is frequently 2. popular frequently a qui tarn adtion) ; to compel the fpecific payment;—or, fometimes, by adtion on the cafe ; for damages. (b 2.) Breaches of contradts, implied in reaftn and eonftrudtion of law, are by the nonperformance of Irgal prefumptive ojfumpfits: for which the remedy is in da¬ mages; by an adtion on the cafe on the impliedw/- fumpfils, - I. Of a quantum meruit. 2. Of a quantum valebai. 3. Of money expended for another. 4. Of receiving money to another’s ufe. 5. Of an infimnl u ccmputafnt, on an account ffated (the remedy on an account unftated being by adtion of account). 6. Q£ performing one’s duty, in any employment, with in¬ tegrity, diligence, and Hull. In fonte of which cafes 2 aa Chap. III. LAW. 61^ Law of an a£Hon of deceit ("on the cafe, in nature of deceit) Remedy, in both cafes: by a mere writ of righty the law of England jjgt higheit writ in the law. England JEpitomifed. 0 Epitomtfed. i.jirrf » * Sect. X. Of Injuries to Real Property; andy frft% of Sect. XI. Of Difpojfejfon, or Oujfer, of Chattels DifpoJfeJJion, or Oufer, of the Freehold. real. tiv. (i.) Injuries affecting real property are, r. Oufer. 2. Trefpafs. 3. Nffances. 4. Wqfle. 5. Subtraction. 6. Dijlurbance. (2.) Oufier is the amotion of poSeflion j and is, 1. From freeholds. 2. From chattels real. (3.) Oufter from freeholds is effected by, 1. Abate¬ ment. 2. Intrnfon. 3. Dijfeifin. 4. JOifcontinuance. 5. Deforcement. (4.) Abatement is the entry of a ftranger, after the death of the ancestor, before the heir. (5,) Intrifon 1$ \h& entry of a ftranger, after a par¬ ticular eftate of freehold is determined, before him in remainder or reverlion. (6.) Diffeijin is a wrongful putting out of him that is feifed of the freehold. (7.) Difcontinuance is where tenant in tail, or the hufband of tenant in fee, makes a larger eftate of the land than the law allowedv (§.) Deforcement is any other detainer of the free¬ hold from him that hath the property, but who never had the pofTeflion. (9.) The univerfal remedy for all thefe is reftitution ©r delivery of pofl'eflion ‘7 and, fometimes, damages for the detention. This is effected, 1. By mere entry. 2. By ait-ion pojfejfory. 3. By writ of right. (10.) Mere entry, on lands, by him who hath the apparent right of poflefbon, will (if peaceable') diveft the mere pojfefjion of a wrongdoer. But forcible entries are remedied by immediate reflitution, to be given by a juftjce of the peace. (11.) Where the wrongdoer hath not only mere polTbflion, but alfo an apparent right of poffefn.on, this may be divefted by him who hath the actual right of pofTefiien* by means of the fiojfeffory actions of writ of entry or aff%e. (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 poSeflion. And it may be brought either again ft the- wrongdoer himfeli, or in the degrees,called the per, the per and cui, and the pojt. (13.) An ajfi%e is a real ndtion, which proves the title of the demandant, by fkowing his own or his an- ceftor’s poiTeflion. And it may be brought either to remedy abatements •, viz. the aitize of mart d'ancejiar, Szc. : Or to. remedy recent difieidns j.viz. the aflize of novel difkifn. (14.) Where the wrongdoer hath gained the actual right of poffejjion, he who has the right rocf/x. Epironufed. ^'he pleadings. 4. The ijjue or demurrer. 5. The l"~ ^ trial. 6. The judgment. 7. The proceedings in na¬ ture of appeal. 8. The execution. (3.) The original writ is the beginning or foundation of a fuit, and is either optional (called a preecipe'), com¬ manding the defendant to do fomething in certain, or other wife (how caufe to the contrary ; or peremptory, (called a Jifecerit tefecurum), commanding, upon fecu- rity given by the plaintiff, the defendant to appear in court, to (how 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. OfProcefs. cxiii. (1.) Procefs is the means of compelling the defend¬ ant to appear in court. (2.) This includes, t. Summons. 2. The writ of attachment, or pone; which is fometimes the firft or original precefs. 3. The writ of diftringas, or diftrefs infinite. 4. The writs of capias ad refpondendum and tejlatum capias: or, inftead 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 arreft. 9. Special bail, firff to the fheriff, and then to the aefion. (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. Sfxt. XXII. Of the Several Species of Trial. (i.) Trial is the examination of the matter of fa£I put in iffue. (2.) The fpeeies of {.rial are, 1. By the record. 2. By infpc&ion. 3. By certificate. 4. By witnej/es. 5. By wager of battel. 6. By wager of law. 7. By jury. (3.) Trial by the record is had, when the exigence of i'uch record is the point in iffue. (4.) Trial by infpeElion or examination is had by the court, principally when the matter in iffue is the evi¬ dent objeft of the fenfes. (3.) Trial by certificate is had in thofe cafes, where fuch certificate mull have been conclufive to a jury. (6.) Trial by witneffes (the regular method in the civil law) is only ufed on a writ of dower, when the death of the hulband is in iffue. (7.) Trial by wager of battel, in civil cafes, is only had on a writ oLright •, but, in lieu thereof, the tenant may have at his option, the trial by the grand afjixe. (8.) Trial by wager of law is only had, where the matter in iffue may be fuppofed to have been privily tranfa£led between the parties themlelves, without the intervention of other witnefifes. Sect. XXIII. Of the Trial by Jury. ) 6*5 Law of England Epitomifcd, cxvt. Sect. XX. Of Pleadings. Pleadings are the mutual altercations of the plain¬ tiff and defendant in writing j under which are com- prifed, 1. The declaration of court j (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. The plea ; which is either n dilatory p\ea (1/?, to the jurifdiftion j 2d/y, in difability of the plaintiff; idly, in abatement), or it is a plea to the atlion ; fome- limes confeffing the action either in whole or in part ; (wherein of a tender, paying money into court, and fet off) : but ufually denying the complaint, by pleading either, \fi, the general iffue : or, idly, a fpecial bar (wherein of jullifications, the ftatutes of limitation, &c.) 4. Replication, rejoinder, furrejoinder, rebutter, furre- butter, &c. Therein of eftoppels, colour, duplicity, departure, new aflignment, proteilation, averment, and other incidents of pleading. Sect. XXI. Of IJfue and Demurrer. (1.) Iffue is where the parties, in a courfe of plead¬ ings, come to a point affirmed on one fide and denied on the other 5 which, if it be a matter of law-, is called a demurrer ; if it be a matter of fa£l, Hill it retains the name of an iffue, of faft. (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 finee the laft continuance or adjournment, the defendant may take advantage of it, even after demurrer or iffue, by alleging it in a plea puis darrein continuance. (1.) Trial by jury h, I. Extraordinary ; as, by the cxvii. grand affize, in writs of right j 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 compullive procefs of habeas corpora, or dfiringas. 2. The car¬ rying down of the record to the court of nfi pnus. 3. The iheriff’s returnj or panel of, ill, fpecial j 2dly, common jurors. 4. The challenges j lil, to the array j 2dly, to the polls of the jurors ) either propter honoris refpedium, propter defetfum, propter ajfeBum, (which is fometimes a principal challenge, fometimes to the fa¬ vour), or propter deliftum. 3. The tales de circumjian- tibus. 6. The oath of the jury. 7. The evidence ^ which is either by proofs, lit, written •, 2diy, parole : —or, by the private knowledge of the jurors. 6. The verdifl •, which may be, iff, privy j 2dly, public j 3dly, fpecial. Sect. XXIV. Of Judgment and its Incidents. (1.) Whatever is tranfafled at the trial in the court cxvifi, of nijiprius, is added to the record under the name of a pofiea : confequent upon w’hich is the judgmetit. (2.) Judgment may be arrefted or flayed for caufes, I. Extrinfic, or dehors the record ; as in the cafe of new trials. 2. Intrinfic, or within it 5 as where the decla¬ ration varies from the writ, or the verdifl from the pleadings, and iffue •, or where the cafe, laid in the de¬ claration, is not fufficient tofupport the action in point f£}a&riO .2 .bnul -srlJ Jo yermo arfi K0." k (3.) Where the iffue is immaterial or infufficienty the court may award a repleader. (4) 6i6 Law of (4.') Judgment Is the fentence of the law, pronoun- England ce(j court upori the matter contained in the re- Epitomifed. , J 7 r . cord. (5,) Judgments are, 1. Interlocutory -, which are incomplete till perfected by a writ of inquiry. 2. Final. (6.) Cofis, or expences of f'uit, are now the neceffary confequence of obtaining judgment. Sect. XXV. Of Proceedings, in the Nature of Appeals^ . (1.) Proceedings, in the nature of appeals from judgment, are, t. A writ of attaint; to impeach the verdidt of ajury-, which of late has been fuperfeded by new trials. 2. A writ of audita querela; to dif- charge a judgment by matter that has fmce happened. 3. A writ of error, from one court of record to ano¬ ther j to corredt judgments, 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 Weftminfter j and from the court of hinges bench in Ireland. 2. To the courts of exchequer chamber, from the law fide 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* Sect. XXVL Of Execution. j-cxx Execution is the putting in force of the fentence or iudgment of the law. Which is effedted, I. Where pofi'tffion of any hereditament is recovered : by writ of habere facias feifnam, poffejjionem, i,!rf Csslv. O*) All perfons are capable oi committing crimes, tmlefs there be in them a defect of to?//: for, to, con- fiitute a legal crime, there mail be both a villous will, and a vitious act. (2.) The will does not concur with the aft, 1. Where there is a defect of underjlanding. 2. V. here no will is exerted. 3. Where the aft is. conjlrained by force and violence. (3.) A vitious will may tberefore be wanting, in the «afes of, 1. Infancy. 2. Idiocy, or lunacy. 3. Drunk- ennefs j which doth not, how’ever, eKcufe. 4. Mis¬ fortune. 5. Ignorance, or miftake of faft. 6. Com- pulfion, or neceffity ; which is, ift, that of civj.l fub- jeftion4 2dly, that of durefs per minus; 3c^y» dhoofing the leaft pernicious of two evils, where one is unavoidable ; 4'thly, that of want, or hunger j which is no legitimate excufe. (4.) The king, from his excellence and dignity, is alfo incapable of doing wrong. Sect. III. Of Principals and Acceffories. »xxv. (*•) The different degrees of guilt in criminals are^ I. As principals. 2. As acceffories. (7.) A principal in a crime is, 1. He who commits the faft. 2. He who is prefent at, aiding, and abet¬ ting, the commiffion. (3.) An acceffory is he who doth not commit the £i£t, nor is prefent at the com million ; 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 principals. (5.) An acceffory, before the faff, is one who, be¬ ing abfent when the crime is committed, hath pro¬ cured, counfelled, or commanded, another to commit i-t. Ji gntbrnmirnf)'* * • (6.)' An acceffory after the fa£t, 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 faff, are exclud¬ ed from it. Sect. IV. Of Offences againf GOB and Religion. csxvi. . (1.) Crimes and rr.ifdemeanovs cognizable by the laws of England are fuch as more iramed ately offend, I. God, and his holy religion. 2. The law oi nations. 3.. The and his government. 4, The public, or commonwealth. 3. Individuals. (2.) Crimes more immediately offending God and religion are, I. dpofacij. For «hich the penalty is incapacity, and imprifonment. 2. Herefy. Penalty, for one fpecies thereof: the fame. 3. Offences again!! the eftablithed church :—Either, by reviling it^ ordinan¬ ces. Penalties: fine j deprivation ; imprifonment; forfeiture.—Or, by nonconformity to Its worfnip j VOX.. XL Part 11. . W. 617 1 ft, Through total irreligien. Penalty :. fine, idly, Law o; Through Proteftant diffnting. Penalty : impended by the toleration aft. 3dly, Through Popery, either in , prpfeflors of the pop^ih religion, popifti recufants, con- vift, or popiftt piiefts. Penalties : incapacity ; double taxes ; imprifoniuent ; fines; forfeitures ; abjuration o£ the realm ; judgment of felony, without clergy : and judgment of high treafon. 4. Blafphemy. Penalty : fine, imprifonment, and corporal puniihment. 5. Pro¬ fane /wearing and curjing. Penalty: fine, or houfe'of correftion. 6. Witchcraft; or, at leaft, the pretence thereto. Penalty ; imprifonment, and pillory. 7. Re¬ ligious impofures. Penalty : fine, imprifonment, and corporal puniftiment. 8. Simony. Penalties : forfei¬ ture of double value ; incapacity. 9, Sabbath-breaking. Penalty : fine. \o. Drunkennefs. Penalty: fine or flocks, it, Lewdnefs. Penalties: fine; imprifonment; houfs of cwrreftioa. vd beqlod Jon bns Sect. V. Of Offences againf the Law of Nations. (1.) The Jaw of nations a fyftem of rules, dedu- cxx,?114 dible by natural reafon, and eftablilhed by univerfal qonfent, to regulate the intercourfe between indepen- g-gnihosejoia moil bfis • {2.) In England, the law of nations is adopted in its full extent, as part of the law of the land. (3.) Offences again!! 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 again!! the law of nations, animadverted on by the laws of England, are, 1. Violation oi fife condutls. 2. Infringement of the rights of embaffadors. Penalty, in both : arbitrary. 3. Piracy. Penalty : judgment of felony, without clergy. - • yd liH'-ifc ic- ' i- b m r t K-E E-irg br'r,[j yrtr Sect. VI. Of High Treafon, (1.) Crimes and mifdemeanors more peculiarly of- cxxviii. fending the king and his government are, 1. High trea¬ fon. 2. Felonies injurious to the prerogative. 3. Prec- munire. 4. Other nnfpri/ons and contempts. (2.) High treafon may, according to the ftatute of Edward III. be committed, 1. By compafing er ima¬ gining the death of the king, or queen-coniort, or their eldeft fon and heir : demotiftrated 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 w ar again!! 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 money, or importing counterfeit money. 7. By killing the chancellor, treafurer, or king’s juftiecs, in the execution of ihr.ir offices, p , fbiftb < (3.) High treafons, created by fubfequent ftatutes, are fuoh as relate, 1 To Paptfs: as, the repeated de¬ fence of the pope’s jurildiftion ; 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¬ ing and uttering counterfeit) foreign coin, here cur¬ rent ; forging the fign-manua), privy,fignpt, or privy feal; falsifying, &c. the current coin. 3. To the 4 I Protefani 6i8 LA Law of Vrotejlant fuccejfion ; as, correfponding with, or Ed'tomifed to’ t^le ^ate Preten^el',s f°tls '■> endeavouring to im- ^p.tuin. (a . peje fucce{jj0n . writing or printing in defence of any pretender’s title, or in derogation ol the add of fet- tlement, or of the power of parliament to limit the de- fcent of the crown. (4.) The punijhmgnt of high treafon, in males, is (ge¬ nerally) to be, 1. 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. SECT. VII. Of Felonies injurious to the Kinfs Prero¬ gative. cxxix. (i.) Felony is that offence which occalions the total forfeiture of lands or goods, at common law’ •, now ufual- ly alfo punilhable with death, by hanging } unlefs through the benefit of clergy. (2.) Felonies injurious to the king’s prerogative (of which fome are within, others without clergy) are, 1. Such as relate to the coin: as, the wilful uttering of counterfeit money, &c. j (to which head fome infe¬ rior mifdemeanors affedling the coinage may be alfo referred). 2. Confpiring or attempting to kill a privy counfellor. 3. Serving foreign (dates, or inlifting fol- diers for 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. :xxs. (11) Praemunire, in its original fenfe, is the offence of adhering to the temporal power of the pope, in de¬ rogation of the regal authority. Penally : outlawry, forfeiture, and imprifonment: which hath fince been extended to fome offences of a different nature. (2.) Among thefe are, 1. Importing Popifh trin¬ kets. 2. Contributing to the maintenance of Popifti feminaries abroad, or Popifti priefts in England. 3. Mo- lefting the poffeffors of abbey lands. 4. Adding as broker in an ufurious contradd, for more than ten per cent. 5. Obtaining any (day 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 fubjedd a prifoner beyond fea. 10. Refufing the oaths of allegiance and fupremacy. 11. Preaching, teach¬ ing, or advifed fpeaking, in defence of the right of any pretender to the crown, or in derogation of the power of parliament to limit the fucceflion. 12. Treat¬ ing of other matters by the affembly of peers of Scot¬ land, convened for eledding their reprefentatives in par¬ liament. 13. Unwarrantable undertakings by unlaw¬ ful fubfcriptions to public funds. SECT. IX. Of Mifprifons and Contempts ajfeEling the King and Government. c-xxxi. (1.) Mifprifions and contempts are all fuch high of¬ fences as are. under the degree of capital. (2.) Thefe are, 1, Negative, in concealing what ought 4 W. Part I!, to be revealed. 2. Poftive, in committing what ought Law of not to be done. England (3.) Negative mifprifions are, 1. Mifprifion of trea- ^Pltom‘rej< f/n. 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-adminijlraticn of public trufts, which includes the crime of peculation. Ufual penal¬ ties : banifhment j fines ; imprifonment ; difability. 2. Contempts againft the king’s prerogative. Penalty : fine, and imprifonment. 3. Contempt againft his petfon 006. government. Penalty: fine, imprifonment, and infamous corporal puniftiment. 4. Contempts againft his title. Penalties : fine, and imprifonment j or fine, and difability. 5. Contempts againft his pa¬ laces, or courts of juftice. Penalties: fine •, imprifon¬ ment ; corporal puniftiment j lofs of right hand ; for¬ feiture. SECT. X. Of Offences againf Public Jufice. (1.) Crimes efpecially affedding the commonwealth cxxxii, are offences, 1. Againft the public jufice. 1. 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, 1. Em- bext&ling or vacating records, and perfonating others in courts of juftice. Penalty : judgment of felony, ufual- ly without clergy. 2. Compelling prifoners to become approvers. Penalty: judgment of felony. 3. Ohf rul¬ ing the execution of procefs. 4. Ffcapes. 5. Breach of prifun. 6. Refcue. Which four may (according to the cireumftances) be either felonies, or mifde¬ meanors puniftiable by fine and imprifonment. 7. Re¬ turning from tranfportatwn. 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 j fine ; and imprifonment.—10. Theftbote. w. Common barretry and fuing in a feigned name. 12. Maintenance. 13. Champerty. Penalty, in thefe four : fine, and impri¬ fonment. 14. Compounding profecutions on penal fta- tutes. Penalty: fine, pillory, and difability. \§.Con- fpiracy ; and threats of accufation in order to extort money, &c. Penalties: the villanous judgment *, fine 5 imprifonment j pillory $ whipping, tranfportation. 16. Perjury, and fubornation thereof. Penalties : in¬ famy j imprifonment 5 fine, or pillory ; and fome- times, tranfportation or houfe of correddion. 17. Bri¬ bery. Penalty: fine, and imprifonment. 18. Embra¬ cery. Penalty : infamy, fine, and imprifonment. 19. FalfeverdiB. Penalty: the judgment in attaint. 20. Negligence of public officers, &c. Penalty : fine, and forfeiture of the office. 21. Opprefion by magif- trates. 22. 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, are, 1. Riotous cxxxliL affemblies to the number of twelve. 2. Appearing armed; Chap. IV. L A Law of armed, or hunting in difgirife. 3. Threatening, or de- England manging any valuable thing by letter.—All thefe are "'r ^ ‘felonies, without clergy. 4, Deftroying of turnpikes, &c. Penalties : whipping j imprifonment j judgment of felony, with and without clergy. 5. jdjf 'rays. 6. Riots, routs, and unlawful affemblies. 7. Tumultuous petitioning. 8. Forcible entry, and detainer. Penalty, in all four: fine, and imprifonment. 9. Going unu- fually armed. Penalty : forfeiture of arms, and im¬ prifonment. 10. SpreadingPenalty : fine and imprifonment. II. Pretended prophecies. Penal¬ ties : fine ; imprifonment j and forfeiture. 12. Challenges to fight. Penalty : fine, imprifonment, and fometimes forfeiture. 13. Libels. Penalty : fine, imprifonment, and corporal punifliment. Sect. XII. Of Offences againjl Public Trade. cxsxiv. Offences againft the public trade, are, 1. Owling. Penalties : fine j forfeiture , imprifonment j lofs of left hand ; tranfportation j judgment of felony. 2. Smug¬ gling. Penalties : fines j lofs of goods j judgment of felony, without clergy. 3. Fraudulent bankruptcy. Penalty : judgment of felony without clergy. 4. V- fury. Penalty : fine, and imprifonment. 5. Cheating» Penalties : fine ; imprifonment •, pillory $ tumbrel, whipping, or other corporal punifliment, tranfporta¬ tion. 6. Foreflalling. 7. Regrating. 8. EngroJJing. Pe¬ nalties, for all three : lofs of goods j fine j impri¬ fonment 5 pillory. 9. Monopolies and combinations to raife the price of commodities. Penalties : fines ; im¬ prifonment ; pillory 5 lofs of ear j infamy ; and, fome¬ times the pains of preemunire. 10. Exercifing a trade, not having ferved as an apprentice. Penalty : fine. 11. Tranfporting, or refiding abroad of artificers. Pe¬ nalties : fine ; imprifonment j forfeiture ; incapacity 5 becoming aliens. Sect. XIII. Of Offences againfl the Public Health, and Public Police or Economy. cxxxv. (1.) Offences againft: the public health, are, 1. Ir¬ regularity, in the time of the plague, or of quarantine. Penalties : whipping ; judgment of felony, with and without clergy. 2. Selling unwholefome provifions. Pe¬ nalties : amercement ; pillory ; fine 5 imprifonment j abjuration of the town. (2.) Offences againft the public police and economy, or domeftic order of the kingdom, are, 1. Thofe re¬ lating to clandefline and irregular marriages. Penal¬ ties : judgment of felony, with and without clergy. 2. Bigamy, or (more properly) polygamy. Penalty : judgment of felony. 3. Wandering, by foldiers or ma¬ nners. 4. Remaining in England, by Egyptians ; or being in their fellowfhip one month. Both thefe are felonies, without clergy. 3. Common nuifances, ift, By annoyances or purpreftures in highways, bridges, and rivers ; 2dly, By offenfive trades and manufactures } 3dly, By diforderly houfes 5 4thly, By lotteries 5 5thly, By cottages 5 6thly, By fireworks j 7thly, By evefdrop- ping. Penalty : in all fine. 8thly, By common fcold- ing. Penalty : the cucking ftool. 6. Idlenefs, dforder, ’vagrancy, and incorrigible roguery. Penalties : impri¬ fonment j whipping •, judgment of felony. 7. Luxury, in diet. Penalty, diferetionary. Gaming. Penalties: W. 619 to gentlemen, fine j to others, fine and imprifonment j Law of to cheating gamefters, fine, infamy, and the corporal Lpg13™1 pains of perjury. 9. Defraying the game. Penalties :. pi fines, and corporal punifliment. Sect. XIV. Of Homicide. (1.) Crimes efpecially affefling individuals, are, cxjcxvi, I. Againft \\\du perfons. 2. Againft their habitations. 3. Againft their property. (2.) Crimes againft the perfons of individuals, are, 1. By homicide, or deftroying life. 2. By other cor¬ poral injuries. (3.) Homicide is, I. Juf fable. 2. Excufable. 3. Fe¬ lonious. (4.) Homicide is fuff able, 1. By necefiity, and command of law. 2. By permiuion of law •, lit, For the furtherance of public jufticej 2dly, For prevention of fome forcible felony. (5.) Homicide is excufable, 1. Per infortunium, or by mifadventure. 2. Se defendendo, or in felf-defence, by chance-medley. Penalty, in both : forfeiture of goods ; which however is pardoned of courfe. (6.) Felonious homicide is the killing of a human creature without juftification or excufe. This is, I. Kil¬ ling one's felf. 2. Killing another. (7.) Killing one's felf or felf-murder, is where one deliberately, or by any unlawful malicious aCI, puts an end to his own life. This is felony 5 puniftied by igno¬ minious burial, and forfeiture of goods and chattels. (8.) Killing another is, 1. Manfaugkter. 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 commiflion of fome unlawful aCt. Both are fe¬ lony, but within clergy ; except in the cafe offobbing. (10.) Murder is when a perfon, of found memory and diferetion, unlawfully killeth any reafonable crea¬ ture, in being, and under the king’s peace ; with ma¬ lice aforethought, either exprefs or implied. This is felony, without clergy 5 puniftied 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 j in vromen, to be drawn and burned. Sect. XV. Of Offences againf the Perfons of Indivi¬ duals. Crimes affe&ing the perfons of individuals, by other cxxxvii, corporal injuries not amounting to homicide, are, I. Mayhem ; and alfo fhooting at another. Penalties : fine ; imprifonment ; judgment of felony, without cler¬ gy. 2. Forcible abduBion, and marriage or defilement, of an heirefs ; which is felony : alfo, f eating, and de- fowering or marrying, any woman child under the age offxteen years j for which the penalty is imprifonment, fine, and temporary forfeiture of her lands. 3. Rape, and alfo carnal knowledge, of a woman child under the age of ten years. 4. Buggery, with man or beaft.. Both thefe are felonies, without clergy. 5. Affault. 6. Bat¬ tery ; efpecially of clergymen, q. Wounding. Penal¬ ties, in all three : fine $ imprifonment j and other cor- 4X2 poral <520 h A Law of poral punifhment. 8. Falfe imprijontnent. Penalties: En. lam! gne impriionment; and (in fome atrocious cafes) the Ipnooiit d. .rr .7JI.V vro: j i - pains or pnemumre, and incapacity ot cixice or pardon. 9. Kidnapping, or forcibly ftealing away the king’s fub- j«&s. Penalty : fine j imprifonment j and pillory. Sect. XVI. Of Offence* againfl the Habitations of In¬ dividuals. OHaxviii. (1.) Crimes, affecting the habitations of individuals are, 1. Arfon. 2. Burglary. ( 2.) Arfon h the malicious and wilful burning of the houfe, or out-houfe, of another man. This is felony : in fonae cafes within, in others without, clergy. (3.) Burglary is the breaking and entering, by night, into a manlion houfe : with intent to commit a felony. This is felony, without clergy. Sect. XVII. Of offences againjl Private Property. *«3txix, (1.) Crimes aifefting the private/>rc/>er/,7/of indivi¬ duals are, 1. Larciny. 2. Malicious mifchief 3. For- gery. (2.) Larciny is, I. Simple. 2. Mixed or compound. (i.) Simple larciny is the. felonious taking, and car¬ rying awa-*, of the perfonal goods of another. And it is. 1. Grand Izrciny •, being above the value of twelve- pence. Which is felony ; in fome cafes within, in others without, clergy. 2. Petit larciny ; to the value of twelvepence or under. Which is alfo felony, bat not capital j being punilhed with whipping, or tranf- portation. (4.) Mixed, or compound, larciny, is that wherein the taking is accompanied wifh the. aggravation of be¬ ing, 1 From the /forz/e. 2. From the/w/?/?. (5.) Lareinies from the houfe, by day or night, are felonies without clergy, when they are, 1. Larcinies, above twelvepence, from a church \ 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 fa¬ mily being therein and put in fear. 2. Larcinies, of five fillings, by breaking the dwelling houfe, (hop, or warehoufe by day, though no perfcn be therein ;•—or, by privately ftealing in any {hop, warehoufe, coach- houfe, or liable, 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 Jlealing, 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 mifchief, by deftroying dykes, goods, eattle, (hips, garments, fifh ponds, trees, woods, churck- es, chapels, rneeting-houfes, houfes, out-houfes, corn, hay, ftraw, fea or river banks, hop-binds, coal-mines (or engines thereunto belonging), or any fences fos. enclor 3. W. Part fares by a£t of parliament, is felony ; and, in moft cafes, Law of without benefit of clergy. England (8.) Forgery fs the fraudulent making or alteration of a writing, in prejudice of another’s right. Pe¬ nalties : fine ; imprifonment ; pillory ; lofs of nofe and ears; forfeiture ; judgment of felony, without clergy. Sect. XVIII. Of the Means of Preventing Offences. (1.) Crimes and mifdetneanors may be prevented, c^ by compelling fufpedled perfons to give fecurity : which is effefted by binding them in a conditional re-» cognizance to the king, taken in court, or by a magif- trate. (2.) Thefe recognizances may be conditioned, 1. To keep the peace. 2. To be of good behaviour. (3.) They may be taken by any juftice or conferva- tor of the peace,, at his own difcretion ; 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 Criminql Jur fdiBion. (1.) In the method of puniffmcnt may be confider- exit¬ ed, 1. The feveral cewrAr of criminal jurifdidlion. 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 jurifdiblion. (3.) criminal courts-are, 1. The high court of parliament; which proceeds by impeachment. 2. The court of the lord high fteward ; and the court of the king in full parliament: for the trial of capitally m- difted peers. 3. The court of king’s bench. 4. The court of chivalry. 5. The court of admiralty, under the king’s commiflion. 6. The courts of oyer and terminer, and general gaol delivery. 7. The court of quarter feflions of the peace. 8. The {heriff’s tourn. 9. The court left. 10. The court of the coroner. II. The court of the clerk of the market. (4.) P/wM/e 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 Convictions. (1.) Proceedings in criminal courts are, I. Summary. calif 2. Regular. (2,) Summary proceedings are fuch, whereby a man may be cenvifted of divers offences, without any form¬ al procefs or jury, at the difcretion of the judge or judges appointed by aft of parliament, or common law. (3.) Such are, 1. Trials of offences and frauds againft the laws of excife and other branches of the king’s revenue. 2. Convictions before juflices of the peace upon a variety of minute offences, chiefly againft thtj. Chap. IV, Law of the public police. 3 England fUperior courts of juiUce. Spitomifed. L A W. Aitscliments for contempts to the king’s perfon 01* government: or 621 2. FiU'd by the ma- Law of fter^ of the crown office (with leave of the court of EnSla,lcl at volatlnn of fomp nrlvaie. fnhieft i!‘Plt0milecL Sect. XXL Of Arref, s. exliii. ('1.) Regular proceedings in the courts of common law, are, 1. Arref. 2. Commitment and bail. 3. Pro- fecution. 4. Proccfs. 5. Arraignment^ and. its inci¬ dents. 6. Plea and ifue. 7. Trial and conviBion. 8. Clergy. 9. Judgment, and its confequences. 10. Re- verfal of judgment Reprieve ox pardon. 12. Exe¬ cution. (2.) An arref is the apprehending, or retraining, of one’s perfon ; in order to be forthcoming to anfwer a crime whereof one is accufed or fufpefted. (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. exliv, (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 bailj if offered j unlefs the offender be not bailable. (3.) Such are, 1. Perfons accufed of treafon j or, 2. Of murder; or, 3. Of manfiaughter, by indi&ment; 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 otherwife, 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. king’s bench) at the relation of feme private fubjeft for other grofs and notorious mifdemeanors. All dif¬ fering from indidtments 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 fubjedl againft another, for larciny, rape, mayhem, arfon, or homicide ; which the king can¬ not difeharge or pardon, but the party alone can re- leafe, l Sect. XXIV. Of Procefs upon an IndiElmeni. (1.) Procefs to bring in an offender, when indifted cxivi; 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 indidl- ment may be removed into the court of king’s bench- from any inferior jurildidtion, by writ of certiorari fa¬ cias: and cognizance muft be claimed in places of ex- clufive jurifdi&ion. Sect. XXV. Of Arraignment, and its Incidents. (I.) Arraignment is the calling of the prifoner to the cxlviv bar of the court, to anfwer the matter of the indict¬ ment. (2.) Incident hereunto are, 1. The {landing mute of the prifoner : for which, in petit treafon, and felo¬ nies of death, hs fhall undergo the peine fort et dure. 2. His confeflion ; which is- either fmple, or by way of approvement. Sect. XXVI. Of Plea, and its Iffue. (1.) The plea, or de fen five matter alleged by the cxlviiir prifoner, may be, I. A plea to the jurifdiCtion. 2. A demurrer in paint of law. 3. A plea in abatement. 4. A fpecial plea in bar ; which is, ift, Auterfoits ac¬ quit; 2dly, Auterfoits conviB; 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. (1.) Profecution, or the manner of accufing of¬ fenders, is either by a previous finding of a grand jury; as, i. By preferment. 2. By indifimerit. 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 indiBment is a written aecufation 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.) And information is, T, At the fuit of the king and a fubjeft, upon penal ftatutes. 2. At the fuit of the king only. Either, 1. Filed by the attorney ge¬ neral ex officio,. for fuch imfdemeanors as affeCl the Sect. XXVII. Of Trial, and ConviBion. (l.) Trials of offence, by the laws of England, ^ were and are, 3. By ordeal, of either fire or water. CX 2. By the-corfned. Both thefe have been long aboliffied. ^. 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; ift, for caule ; 2dly, peremptory. 3. Talcs de circum- f antibus. 4^„The oath of the jury, 5. The evidence. 6. The verdiCt, either general or fpecial. (3.) ConviBion is when the prifoner pleads, or is found guilty : whereupon, in felonies, the profecutor is entitled to, t. His expcnces. 2. Reftitution of his goods. \ Sect,. - 622 Law of Eng! and SECT. XXVIII. Of the Benefit of Clergy. Epitomifed. Clergy, or the benefit thereof, was originally C^° derived from the uiurped jurifdi6tion of the Popifh ec- clefiaftics; but hath fince been new-modelled by feveral ftatutes. (2.) It is an exemption of the clergy from any other fecular punifiiment for felony, than imprisonment for a year, at the court’s difcretion •, and it is extended likewife, abfolutely, to lay peers, for the firft offence j 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 Judgment, and its Confequences. cli. (1.) Judgment (unlefs any matter be offered in ar- reft thereof) follows upon convi£lion j being the pro¬ nouncing of that puniftiment which is exprefsly ordain¬ ed by law. (2.) Attainder of a criminal is the immediate confe- quence, 1. Of having judgment of death pronounced upon him. 2. Of outlawry for a capital offence. (3.) The confequences of attainder are, I. Forfei¬ ture to the king. 2. Corruption of blood. (4.) Forfeiture to the king is, 1. Of real eftates, upon attainder 5—in high treafon, abfolutely, till the death of the late Pretender’s fons ;—in felonies, for the king’s year, day, and wafte ;—in mifprifion of treafon, affaults on a judge, or battery fitting the courts j during the life of the offender. 2. Of perfonal eftates, upon conviction ; in all treafon, mifprifion of treafon, felony, excufable homicide, petit larceny, ftanding mute upon arraignment, the above-named contempts of the king’s courts, and flight. (5.) Corruption of blood is an utter extinction of all inheritable quality therein : fo that, after the king’s forfeiture is firft fatisfied, the criminal’s lands efcheat to Part III. the lord of the fee • and he can never afterwards inhe- Law of rit, be inherited, or have any inheritance derived through Englan the dwelling place whers a per- |vh^e£1^ fon lives with an intention to remain ; and cuftom has fixed it as a rule, that refidence for 40 days founds ju¬ rifdidlion. If one has no fixed dwelling place, e. g. a foldier, or a travelling merchant, a perfonal citation againft him within the territory is fufficient to found the judge’s iurifdidlion over him, even in civil quef¬ tions. As the defender is not obliged to appear before a court to which he is not .fubjedl, the purfuer muft fol¬ low the defender’s domicile. 9. It is founded, 2. Rations rei Jitce, if the fnbjedl in queftion lie w ithin the territory. If that fubjedl be immoveable, the judge, whofe jurifdidlion is founded in this way, is the foie judge competent, excluding the judge of the domicile. to. Where Chap. I. ^ A Law of io. Where one, who has not his domicile within the Scotland, territory, is to be fued before an inferior court, ratione '—’~v“ rei fit Anciently his majefty feems to have tranf- ferred to the court itfelf the right of choofing their own prefident; and in a federunt recorded June 26. 1593, the kr.ig condefcended to prefent to the lords, upon every vacancy in the bench, a lift of three perlbns, out of which they were to choofeone. But his rnajefty foon refumed the exercife of both rights, which continued with the crown till the ufurpation ; when it xvas or¬ dained that the king (hould name the judges of the feflion, by the advice of parliament. After the Refto- ration, the nomination was again declared to be folely in the fovereign. Their qua- 6. Though judges may, in the general cafe, be na- lifications- med at the age of 21 years, the lords of feflion muft and trial, at jeaj^ ]sj0 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 muft 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 fucceffor by a letter addreffed to the lords, wherein he requires them to try and admit the perfon prefented. The powers 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 fuppreffed in the reign of Geo. I, Privileges 8. The appellation of the college of jujlice is not con- ofthe coi- fine(l to the judges, who are diftinguilhed by the name ^U* fenators ■> but comprehends advocates, clerks of fef- fion, waiters to the fignet, and others, as deferibed, AEl S. 23d Feb. 1687. Where, therefore, the college of juftice 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 minifters ftipends, and of all cuftoms, &c. impofed upon goods carried to or from the city of Edinburgh. Part of thefe privileges and immun ties were lately called in queftion by the city of Edinburgh ; but they were found by the court of feflion (affirmed upon appeal) to be in full force. JnrifclicHon 9' Though the jurifdiftion of the feflion be properly of1 the fef- limited to civil caufes, the judges have always fuftained fion. themfelves as competent to the crime of falfehood. J Where the falfehood deferves death or demembration, Law of they, after finding the crime proved, remit the crimi- Scotland, nal to the court of jufticiary. Special ftatute has given to the court of feffion jurifdiftion in contraventions of law-burrows, deforcements, and breach of arreftment; and they have been in ufe to judge in battery pendente lite, and in ufury. 10. In certain civil caufes, the jurtfdiUion of the fef¬ fion is exclufive of all inferior jurifdicHons ; as in de. clarators of property, and other competitions of heri¬ table rights, proving of the tenor, ceftones bonorum^ reftitution of minors, reductions of decrees or of writ¬ ings, fales of the eftates of minors or bankrupts, &c. In a fecond clafs of caufes, their jurifdiftion 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 muft be purfued in the firft inftance before the admiral or commiffary ; and in ac¬ tions, below tw'elve pounds fterling, which muft be commenced before the judge ordinary. In all civil ac¬ tions, which fall under neither of thefe clafles, the ju~ rifdiCtion of the feffion is concurrent, even in the firft: inftance, with that of the judge ordinary. The feffion may proceed as a court of equity by the rules of eon- 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 pow er is inherent in the fupreme court of every country, where feparate courts are not eftabliffied for law and for equity. This court formerly met upon the 12th day of June and rofe upon the nth day of Auguft for the fummer feffion; but now, in confequence of an aCt paffed in the ftffion of parliament 1790, it meets on the 12th of May and rifes on the nth of July for the fum¬ mer feffion ; the winter federunt ftill remaining as for¬ merly, viz. from the I2th of November to the nth of March inclufive. n. The fupreme criminal judge was flyled theJufticary Jufticiar ; and he had anciently an univerfal civil ju-C0UIt* rifdi£tion, 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 w'ere 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 quarter of the kingdom, who fhould make their circuits over the whole in April and Oc¬ tober. 12. The office of deputies w'as fuppreffed in 1672 ; and five lords of feffion were added, as commiffioners of jufticiary, to the juftice general and juftice clerk. The jultice general, if prefent, is conftant prefident of the court, and in his abfence the juftice clerk. The king¬ dom is divided into three diftrifts, and two of the judges are appointed to hold circuits in certain boroughs of each diftridt twice in the yecr; one judge may pro¬ ceed to bufinefs in the abfence of his colleague. In trials before this court the evidence wras always taken down in writing till the act 23d Geo. III. was paffed ; by which the judges may try and determine all caufes by the verdidt of an afiize upon examining the witnef- fes viva voce, without reducing the teftimeny into writ¬ ing, urdefs it (hall appear more expedient to proceed in Chap. I. 'LA \V. 627 Law of the former way, which they have it in their power to Scotland. (Jq. This aft. was at firft temporary, but is now made perpetual by 2.7th Geo. III. cap. 18. 13. By an old ftatute, the crimes of robbery, rape, murder and wilful fire-railing (the four pleas of the crown), are faid to be referved to the king’s court of tufticiary j but the only crime in which, de praxi, the juril’diftion of jufticiary became at laft exclufive of all inferior criminal jurifdiftion, was that of high treafon. The court of judiciary, when fitting at Edinburgh, has a power of advocating caufes from all inferior criminal judges, and of fufpending their fentences. 14. The circuit court can alfo judge in all criminal caufe^ which do not infer death or demembration, up¬ on appeal from any inferior court within their diftriftj and has a fupreme. civil jurifdiftion, by way of 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. Court of 15. The court of exchequer, as the king’s cham- eitchequer. berlain court, judged in all queftions of the revenue. In purfuance of the treaty of Union, that court was abo- 1 ilhed, and a new court erefted, confiding of the lord high treafurer of Great Britain, and a chief baron, with four other barons of exchequer j which barons are to be made of ferjeants at law, Englilh barriders, or Scots advocates of five years danding. This court has a privative jurifdiftion 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 edates that may accrue to the crown ; in ■which matters, they are to judge by the forms of pro¬ ceeding ufed in the Englidi court of exchequer, under the following limitations : That no debt due to the crown fliall affeft the debtor’s real edate in any other manner than fuch edate may be affefted by the laws of Scotland, and that the validity of the crown’s titles to any honours or lands diall continue to be tried by the court of fedion. The barons have the powers of the Scots court transferred to them, of pafling the accounts of dierids, or other officers who have the execution of writs iffuing from, or returnable to, the court of ex¬ chequer, and of receiving refignations, and pading fig- natures of charters, gifts of cafualties, &c. But though ajl thefe mud pafs in exchequer, it is the court of fef- iion only who can judge of their preference after they are completed. Admiralty 16. The jurifdiftion of the admiral in maritime court. caufes was of old concurrent with that of the feffion. The high admiral is declared the king’s judice general upon the feas, on freffi water w ithin 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, falvages, bottomries, &c. He exercifes this fupreme jurifdiftion by a dele¬ gate, the judge of the high court of admiralty j and he may alfo name inferior deputies, whofe jurildiftion is litpited to particular diftrjfts, and whofe fentences are fubjeft to the review of the high court. In caufes which are declared to fall under the admiral’s cognizance, his jurifdiftion is foie j infomueh, that the feffion itfelf, though it may review his decrees by fufpenfion or re- duftion, cannot carry a maritime quedion from him by advocation. The admiral has acquired, by ufage, a ju¬ rifdiftion in mercantile caufes, even where they are not kawof dviftly maritime, cumulative with that of the judge or- S:om^ dinary. 17. All our fupreme courts have feals or fignets, pro-Signet, per to their leveral jurildiftions. The courts of feffion and judiciary ufed formerly the fame fignet, which was called the king’s, becaufe the writs iffuing from them run in the king’s name-, and though the judiciary got at lad a feparate fignet for itfelf, yet that of the feffion dill retains the appellation of the king1 s fignet. In this office are fealed fummonfes for citation, letters of execu¬ torial diligence, or for flaying or prohibiting of dili¬ gence, and generally whatever paiTes by the warrant of the feflion, and is to be executed by the officers of the court. All thefe muft, before fealing, be figned by the vvriters 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. Sect. III. Of inferior Judges and Courts of Scotland. clviin 1. Sheriff (from reeve governor, and ffoecr to cut or Sheriff', divide) is the judge ordinary conftituted by the crown over a particular divifion or county. The ffieriff’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 jufticiary 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 pmTeffory aftions, as removings, ejections, fpuilzies, &c.; to all brieves iffuing from the chancery, as of inqueft, terce, divifion, tutory, &c.; 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 crown; and he is competent to mod queftions of public police, and has a cumulative jurifdiftion with juftices 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 ffie- riffs, who, after they are executed, return them to the crown oftice from whence they iffued They alfo exe¬ cute writs iffuing from the court of exchequer ; and in general, take care of all eftates, duties, or cafualties that fall to the crown within their territory, for which they muft account to thp exchequer. 4. A lord of regality was a magitlrafe w ho had a Lord of re« grant of lands from the fovereign, with royal jurifdic-gality. tion annexed thereto. His civil jurifdiftion was equal to that of a ftieriff; his criminal extended to the four pleas of the crown. He had aright 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 cenonon opinion, to the Angle efeheat of all de- 4 K 2 nounced 6^8 L'iw of Scotland. Stewart. Bailie. Prince of Scotland. Juftices of tire peace. L A W. Part III. nounoed peiTons reading wilKin his jarifdiftion, even though fuch privilege had not been ejcpreffed in the grant of regality. 5. The lit wart was the magiftrate appointed by the king over Inch regality lands as happened to fall to the crown by forfeiture, &c. and therefore the llewart’s jurifdidtion was equal to that of a regality. The two ilewartries of Kirkcudbright, and of Orkney and Zet¬ land, make (hires and counties by themfelves, and fend each a reprtTentative to parliament. 6. Where lands not erefted into a regality fell into the king’s hands, he appointed a bailie over them, whofe jurifdi&ion was equal to that of a flieriff. 7. By the late jurifdiftion a£t, 20 Geo. II. all herit¬ able regalities and bailieries, and all fuch heritable fheriff-hips and ftewartries as were only parts of a lliire, are diflblved 5 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 jurifdidtions diffolved had never been granted. All iheviffsiiips 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 iheriff or ftevvart can hereafter judge perfonally in any caufe. One Iheriff or ftewart-depute is to be appointed by the king in every fhire, who mull be an advocate of three years (landing 5 and whofe office as (lieriff or ilewart-depute is now by 28 Geo. II. held ad vilam aut cvlpam. 8. The appanage, or patrimony, of the prince of Scotland, has been long erefled into a regality jurifdic- tion, called the Principality. It is perfonal to the king’s elded fon, upon whofe death or fucceffion it re¬ turns to the crown. The prince has, or may have, his own chancery, from which his writs idue, and may name his own chamberlain and other officers for re¬ ceiving and managing his revenue. The vaflals of the prince are entitled to eledl, or to be elecled, members of parliament for counties, equally with thofe who hold of the crown. 9. Jutlices of the peace are magillrates 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 over diforderly perfons for their appearance before the privy council or judiciary j 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 mailers in the wages due to their fervants. They have power to judge in queftions of highways, and to call out the tenants with their cottars and fervants to perform fix days work yearly for upholding them. It has been lately, however, found by the court of feffion, that juftices have nojurif- diftion whatever in common a£lions for debt. So that it now feems fixed, that they are incompetent in fuch aflions, except where they are declared competent by fpecial ifatute. 10. Since the union, our juftices of the peace, over and above the powers committed to them by the laws cf Scotland, are authorifed to exercife whatever be¬ long to the office of an Englilh juftice, in rela¬ tion to the public peace. From that time, the Scots and the Englilh commiffions have run in the fame &yle5 which contains powers to inquire into and judge in all capital crimes, witchcraft, felonies, and feveral Law of others fpecially enumerated : with this limitation fub- Scotland, joined, of which jufiices of the peace may lawfully in- ~ v'~~“ quire. Two juftices can conftitute a court. Special llatute 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 veiled in them, the reader mud of neceffity 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 of Boroughs, the inhabitants of a certain tra£t of ground, ere&ed by the fovereign, with jurifdhftion annexed to it. . Bo¬ roughs are eredled, either to be holden of the fovereign himfelf, which is the general cafe of royal boroughs ; or of the fuperior of the lands erefled, as boroughs of regality and barony. Boroughs royal have power, by their charters, to choofe annually certain office bearers or magiftrates ; 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 boroughs have jurifdidtion in matters of debt, fervices, and queftions of pofieflion betwixt the inhabitants. Their criminal junldihtion extends to petty riots, and recklefs fire-raifing. The dean of guild is that magiftrate of a royal borough who is head of the merchant company; he has the cog¬ nizance of mercantile caufes within borough ; and the infpe&ion of buildings, that they encroach neither on private property, nor on the public ftreets ; and he may direhl infuffieient houfes to be pulled down. His jurifdi&ion has no dependence on the court of the bo¬ rough, or bailie court. 12. 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 Itfier 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 leller 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 drift law fenfe, his lands muft have been erefted, or at leait confirmed, by the king in libcram baroniam; and fuch baron had a certain jurifdiftion, both civil and criminal, which he might have exercifed, either in his own perfon, or by his bailie. 14. By the late jurifdiftion aft, the civil jurifdic- tion of a baron is reduced to the power of recovering from his vaflals 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 puniffied by a fine not exceeding 20s. fterling, or by fetting the offender in the (locks in the day time not above three hours ; the fine to be levied by poinding, or one month’s imprifon- ment. The jurifdiftion formerly competent to pro¬ prietors of mines, and coal or fait works, over their workmen, is referved : and alfo that which was com¬ petent to proprietors who had the right of fairs or markets, Chip- Law of Scotland. Conflabu- lanes. Lyon k’ng at arms. Sentence money. clix. The pope. Clergy, I. L A W. 629 markets, for corre&irtg tlie dlforders that might hap¬ pen daring their continuance; provided they (hall ex- ercife no jurifdidtion inferring the iofs of liie or demem¬ bration. 15. The high confiable of Scotland had no fixed ter¬ ritorial jurifdidtion, but followed the court ; and had, jointly with the marifchal, the cognizance of all crimes committed within two leagues of it. All other conlla- bularies were dependent on him : thefe had caltles, and fometimes boroughs, fubject to their jurifdidtion, as Dundee, Montrofe, &c. and among other powers, now little known, they had the right of exercifing criminal jurifdidtion within their refpe&ive territories during the continuance of fairs. By the late jurifdiftion a£l, all jurifdiftions of conftahulary are diffoved, except that of high conflable. 15. The office of the Lyon king of arms was chief¬ ly mini [ferial, to denounce war, proclaim peace, carry public meffages, &c. But he has alfo a right of ju- rifd:£lion, whereby he can punilh all who ufurp arms contrary to the law of arms, and deprive or fufpend •meffeng rs, heralds, or purfuivants, (who are officers ‘named by htmfelf) ; but he has no cognizance of the damage arifing to the private party through the mef- fenger’s fault. Mefiengers are fubfervieiit to the fu- 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 mud find caution for the proper difeharge of their duty qua meffengers ; and in cafe of any malverfation, or negleff, by which damage arifes to their employers, their lureties may be recur¬ red upon for indemnification. Thefe fureties, however, are not anfwerable for the conduct of the meflenger in any other capacity but qua fuch ; and, therefore, if a meflenger 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 ofliee in executing the dili¬ gence, or the like. 17. Our judges had, for a long time, no other fala- ries or appointments than what arofe from the fentences they pronounc ed. Oar criminal judges applied to their own ufe the fines or iffues of their feveral courts ; and regalities had a right to the fingle efeheat of all per- fons denounced, who refided within their jurifdicfion ; and our civil judges got a certain proportion of the furn contained in the decree pronounced. But thefe were all prohibited upon regular falarits being fettled upon them. Sect. V. Of Ecchfafical Perfons. 1, The pope, or biffiop of Rome, was long acknow¬ ledged, over the we hern part of Chriftendom, for the head of the Chriftian church. The papal jurifdi&ion was abolifhed in Scotland anno 1560. The king was, by aft 1669, declared to have fupreme authority over all perfons, and in all caufes ecclefiaftical; but this aft was repealed by 1690, as inconfiilent with Prefbyterian church government, which was then upon the point of being eltablilhed. 2. Before the reformation from Popery, the clergy was divided into fecular and regular. The fecular had a particular traft of ground given them in charge, within which they exercifed the pa floral office of bi- baw of (hop, prefbyter, or other church officer. The regular Sco^ml!^, clergy had no cure of louls; but were tied down to re- fidence in their abbacies, priories, or other monafte- ries : and they got the name of regular, !rom 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 fecular or regular, cotu- mendators were frequently appointed to levy the fruits, as faftors or ftewards during the vacancy. Ihe pope alone could give the higher benefices m cotnmertdam ; and, at laft, from the plenitude of his power, he came to name commendators for life, and without any obli¬ gation to account. After the Reformation, feveral ab¬ bacies and priories were given by James VI. in perpe¬ tual?! commendam, to laics. 3. Upon aboliihing the pope’s authority, the regular clergy were totally fuppreffed ; and in place of all th© different degrees which diffinguiftied the fecular cler¬ gy, we had at firft only parochial preibyters or mini- fters, and fuperintendants, who had the overfight of the church within a certain didrift ; foon thereafter the church government became epifcopal by archbishops, biShops, &.c.; and after fome intermediate turns, is now Prefbyterian by kirk feflions, prefbyteries, fynods, and general affemblies. 4. Prelate, in our ftatutes, 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 minifters of the diocefe, by whofe afliftanee 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 eleftion, conferred a right to the fpu duality of the benefice ; and a fecond grant upon the confecration of the bifhop-eleft, gave a title to the temporality ; but this fecond grant fell foon into difufe. 5. He who founded or endowed a church was enti- Patronage, tied to the right of patronage thereof, or advocatio eccle- fee ; whereby, among other privileges, he might prefent 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 proprio jure ; and if the church was parochial, he was called a parfon. The pope claim¬ ed 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 confidtred as univerfal patron, where no right of pa¬ tronage appears in a fubjeft. Where two churches are united, which had different patrons, each patron pre-- fents by turns. 6. Gentlemen of eftates frequently founded colleges or collegiate churches ; the head of which got the name of provoj}, under whom were certain prebendaries, or canons, who had their feveral flails in the church, where they fung maffes. Others of Idler fortunes founded ehaplainries, which were donations granted for the finging of maffes for deceafed friends at particular al¬ tars in a church. Though all thefe were i’upprefled' upon the Reformation, their founders continued pa¬ trons- 3 Patrons. L A trons of the endowments j out of which they were al¬ lowed to provide buiiars, to be educated in any of the univerfitres. 7. Where a &rnd is gifted for the eftablilhment of a fecond mioifter in a parilh where the cure is thought too heavy for me, the patronage of fuch benefice does i.oi 0. io-ng to the donor, but to him who was patron of the church, uulefs either where the donor has re- ferved to mmielf the right of patronage in the dona- tips,, or where he and his fueceffors have been in the coniknt ufis of prefen ting, the fecund minifter, without challenge from the patron. The right of prefenting in¬ cumbents \Vr.s by 1690, e, 23c taken from patrons, and veiled in the heritors and elders of the parifh, upon payment to be made by the heritors to the patron of 600 merksj but it was again reftored to patrons, 10 An. c. 12. with the exception of the prefentations fold in purfuance ef the former a cl.. 8. Patrons were not limply adminiftrators 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 truft in the patron, who mufl apply them to pious ufes within the parilh, at the fight of the heritors, yearly as they fall due. If he fail, he lofes his right of adminiftering the vacant ilipend for that and the next vacancy. The king, who is exempted from this rule, may apply the va¬ cant tlipend of his churches to any pious ufe, though not within the parilh. If one lliould be ordained to a church, in oppofition to the prefentee, the patron, whofe civil right cannot be affefted by any fentence ®f 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 parilh not heritably dif- poned. 9. That kirks may not continue too long vacant, the patron mull prefent to the prefbytery (formerly to the bifiiop) a fit perfon for fupplying the cure, within fix months from his knowledge of the vacancy, other- wife the right of prefentation accrues to the prelbytery jure devoiuto. Upon prefentation by the patron, the biihop collated or conferred the benefice upon the pre¬ fentee by a writing, in which he appointed certain mi- nilters of thediocefeto induce or inilitute 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 biihop collated to the churches of which himfelf was patron, plena 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 iudieial afl of admifiion by the prefbytery, proceeding either upon a prefentation, or upon a call from the heritors and elders, or upon their own jus devolutum, completes the miniller’s right to the benefice. Provifions 10. Soon after the Reformation, the Popilh church- tor the re- men were prevailed upon to refign in the fovereign’s tormecl bands a third of their benefices; which was appropri- ated, in the firlf place, for the fubfiftence of the reform¬ ed clergy. To make this fund effe&ual, particular lo¬ calities were affigned in every benefice, to the extent of a third, called the a/fumplicn of thirds ; and for the far¬ ther fupport of minifters, Queen Mary made a grant W- Part III. in their favour of all the fmall benefices not exceeding Lswof 300 merles. Bilhops, by the aft which reftered them Srotland- to the whole of their benefices, were obliged to main- » tain the mini tiers within their diocefts, out of the thirds ; and in like manner, the laic titulars, who got grants of the teinds, became bound, by their accepta¬ tion thereof, to provide the kirks within their erec¬ tions in competent ftipends. 11. But all thofe expedients for the nrai itenance ofCommif- the clergy having proved ineffeftual, a eommiflion of lion for parliament was appointed in the reign of James VI. P;anting for planting kirks, and modifying llipends to minifters va’ out of the teinds ; and afterwards feveral other com- ^nds &c. midiom were appointed, with the more ample powers of dividing large parifhes, erefting new ones, &c. aH of which were, in 1707, transferred to the court of feflion, with this limitation, that no parifh fhould be disjoined, nor new church erefted, nor old one remov¬ ed to a new place, without the confent of three-fourths of the heritors, computing the votes, not by their num¬ bers, but by the valuation of their rents within the pa¬ rifh. The judges of feffion, when fitting in that court, are confidered as a commidion of parliament, and have their proper clerks, macers, and other officers of court, as fuch. 12. The lowed dipend that could be modified to a stipends, minider by the fird commiffion, was 500 merks, or five chalders of viftual, unlefs where the whole teinds of the paridi did not extend fo far : and the highed was 1000 merks, or ten chalders. The parliament 1633 raifed the minimum to eight chalders of viftual, and proportionably in filver ; but as neither the com- miffion appointed by that aft, nor any of the fubfe- quent ones, was limited as to the maximum, the com- midkmers have been in ufe to augment dipends con- fiderably above the old maximum, where there is fudi- cieney of free teinds, and the cure is burdenfome, or living expenfive. 13. Where a certain quantity of dipend is modified to a minider cut of the teinds of a parifh, without pro¬ portioning that dipend among the feveral heritors, the. decree is called a decree of modification; but where the commiffioners alfo fix) the particular proportions payable by each heritor, it is a decree of modification and locality. Where a dipend is only modified, it is fecured on the whole teinds of the paridi, fo that ihe minider can infid againd any one heritor to the full extent of his teinds ; fuch heritor being always en¬ titled to relief againd the red for what he diall have paid above his jud fliare : but where the dipend is alfo localled, each heritor is liable in no more than his ow n proportion. 14. Few of the reformed miniders were, at fird, Manfe, provided with dwelling houfes; mod of the Popid) clergy having, upon the fird appearance of the Refor¬ mation, let their manfes in feu, or in long tack : mi¬ niders therefore got a right, in 1563, to as much of thefe manfes as w'ould ferve them, notw ithdanding fuch feus or tacks. Where there was no parfon’s nor vicar’s manfe, one was to be built by the heritors, at the fight of the bifhop, (now the prefbytery), the charge not ex¬ ceeding locol. Scots, nor below 500 merks. Under a manfe are comprehended dable, barn, and byre, with a garden ; for all w hich it is ufttal to allow half an acre of ground. 15. Every Chap. Law of Scotland. L 15. Every incumbent is entitled at his entry to have his manfe put in good condition j for which purpofe ' the prefbytery may appoint a vilitation by tradefmen, and order eltixnates to be laid before them of the fums necsfiary for the repairing, which they may proportion among the heritors according to their valuations. The prefbytery, after the manfe is made fufficient, ought, upon application of the heritors, to declare it a free manfe j which lays the incumbent under an obligation to uphold it in good condition during his incumbency, other wile he or his executors lhall be liable in dama¬ ges \ but they are not bound to make up the lofs a- rifing from the neceffary decay of the building by the wade of time. Glebe, and 16. All minillers, where there is any landward or country parifh, are, over and above their llipend, en¬ titled to a glebe, which comprehends four acres of arable land, or lixteen fowms of pafture ground where there is no arable land (a fowm is what will graze ten fheep or one cow) j and it is to be defigned or marked by the bithop or prefbytery out of fuch kirklands with¬ in the pariih as lie neareft to the kirk, and, in default of kirklands, out of temporal lands. 17. 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 parifh. Manfes and glebes being once regularly defigned, cannot be feued or fold by the incumbent in prejudice of his fucceffors, which is in practice extended even to the cafe where fuch a- lienation evidently appears profitable to the benefice. Grafs. 18- Minifters, belide 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 diftanee, 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 ifh and entry, according to ufe and wont: but what thefe privileges are, muft be determined by the local cuftom of the fe- veral parifhes. Terms of I9- The legal terms at which ftipends become due payment of to minillers are Whitfunday and Michaelmas. If the Law of Scotland. ftipends. Annat or ssn, incumbent be admitted to his church before Whitfun¬ day (till which term the corns are not prefumed to be fully fown), he has right to that whole year’s ftipend j and, if he is received after Whitfunday, and before Michaelmas, he is entitled to the half of that year j 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 j and if not till after Michaelmas, to the whole. 20. After the minilter’s death, the executors have right to the annat j which, in the fenfe of the canon law, was a right referved to the pope of the firlt year’s fruits of every benefice. Upon a threatened in- vafion from England anno 1547? the annat was given by our parliament, notwithftanding this right in the pope, to the executors of fuch churchmen as Ihould fall in battle in defence of their country : but the word annnt or ann, as it is now' underllood, is the right which law gives to the executors of miniilers, ,o£ half A W. 6.31 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 right aftignable by the minifter, or affedlable with his debts j for it never belonged to him, but is a mere gratuity given by law to thole for whom it is prefumed the de- ceafed could not fufficiently provide } and law has given it exprefsly to executors: and if it were to be go¬ verned by the rules of fucceftion 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, the would be entitled to a third, and the other two-thirds would fall equally among the children. But the court of feffion, probably led by the general pra&ice, 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 Jurifdiftion ages of Chriftianity, repofed in churchmen, dying per.of bifhor1, fons frequently committed to them the care of their eftates, and of their orphan children j but thefe were limply rights of truft, not of jurifdiftion. The clergy foon had the addrefs to eftablifh to themfelves a proper jurifdi&ion, not confined to points of ecclefianical 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 tochers, becaufe thefe were given in confideration of marriage 5 in all que¬ ftions where an oath intervened, on pretence that oaths were a part of religious worfliip, &c. As churchmen came, by the means of this extenfive jurif- didtion, to be diverted from their proper funftions, they committed the exercife of it to their officials, or commiffaries: hence the commiflary court was called the bifhop's court, and curia Chri/Uanitatis ; it was alfo ftyled the conjijlorial court; fcom conjijiory, anamefirft 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 jurifdi£tion,Coinniif- exercifed under the authority of the biffiop ofRome,fary. was aboliffied. As the courfe of juftice in confiftorial caufes w'as thereby flopped, Q. Mary, befides naming a commiffary for every diocefe, did, by a fpecial grant, eftablifli a new commiflary court at Edinburgh, con¬ fining of four judges or commiffaries. This court is veiled with a double jurifdidtion 5 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 Stirlinglhire $ 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 reduction be purfued within a year after the de¬ cree. Biftiops, upon their re-eftabliihment in the reign of James VI. were reftored to the right of naming their- feveral commiffaries. 24. As the clergy, in time of Popery, affirmed a jurifdi&ion independent of the civil power or any fe- cular court, their leniences could be reviewed only by the pope, or judges delegated by him; fo that, with regard r Oj L A W. Part III. awot regard to the courts of Scotland, their jurifdI£Hon was Scorl.-.nd, fupreme. But, by an aft I j6o, the appeals from the ~ biihops 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 •f.'iTion is declared the king’s great conliftory, with power to review all fentences pronounced by the com- miffaries. Neverthelcfs, fince that court had no inhe¬ rent jurifdiftion in confiftorial caufes prior to this fta- tute, and fince the ftatute gives them a power of judging only by way of advocation, they have not, to this day, any proper confiftorial jurifdiftion in the firll inftance •, neither do they pronounce fentence in any confiftorial 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- nriiTaries, till the caufe was firft brought before the commifiaries of Edinburgh } but that praftice is now in difufe. 25. The commiflaries 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 ; 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 ; and all bonds, contrafts, &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. clx. Marriage. 1. Perfons, when confidered in a private capacity, are chiefly diftinguiftied by their mutual relations 5 as huf- band and wife, tutor and minor, father and child, mafter and fervant. The relation of hufband and wife is con diluted by marriage ; which is the eon- junftion of man and wife, vowing to live infeparably till death. 2. Marriage is truly a contraft, 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 ihall cohabit after puberty, fuch acquiefcence gives force to the marriage. Marriage is fully perfefted by confent j which, without confum- mation, founds all the conjugal rights and duties. The confent requifite to marriage muft be de prafenti. A promife of marriage (/Hpuiatio fponfalitw) may be re¬ filled from, as long as matters are entire j but if any thing be done by one of the parties, whereby a pre¬ judice arjfes from the non-performance, the party re¬ filing is liable in damages to the other. I he cano¬ nist, and after them our courts of juftice, explain a copula fubfequent to a promife of marriage into aftual Law©f marriage. Scotland. 3. It is not ncceffary that marriage ftiould be cele- F'rm'o'f ' brated by a clergyman. The confent of parties celebration be declared before any magiftrate, or limply befor® witneffes : and though no formal content thould 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 acknowledgement of his marriage to the midw ife whom he called to his wife, and to the miniiler w!ho baptized his child, was found fufficient prefun ptive evidence of marriage, without the aid either of cohabitation or of habit and repute. The father’s confent was, by the Ro¬ man law, effential to the marriage of children in femi- lia : but, by our law, children may enter into marriage, without the knowledge, and even againit the remon- ftrances, of a father. 4. Marriage is forbidden within certain degrees ofForbkMe* blood. By the law of Mofes (Leviticus xviii.), which decrees, by the a£I 1567, c. 15. has been adopted by us, feeonds in blood, and all remoter degrees, may all lawfully marry. By feeonds in blood are meant firft coufins. Marriage in the direft line is forbidden in infinitum; as it is alio 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 reipeft to his grand niece, &c. The fame degrees that are prohi¬ bited in conlanguinity, are prohibited in affinity ; which is the tie arifing from marriage betwixt one of the mar¬ ried pair and the blood relations of the other. Mar-Other riage alfo, where either of the parties is naturally unfit groun3 + L A Inhibition againft a wife. Law of of his whole affairs, all the contra&s fhe enters into in *5ce the exercife of her prcepofitura are effectual, even though they be not reduced to writing, but {houid ariie mere¬ ly ex re, from furnilhings made to her : but iuch obli¬ gations have no force againft the wife 5 it is the hut- band only, oy whofe commiffion the acts, who is there¬ by obliged. 16. A wife, while (he remains in family with her htfband, is conlidered as prcepojita n ego (us aomejhcis, and confeque* tly may provide things proper for the family 5 for the price, whereof the hufband 1 liable, though they (houid be mifapplied, or though the hui- band (houid have given her money to provide them elie- where. A hufband who (ufjiefts that His wife may hurt his fortune by high living, may ute the remedy of inhibition againtl her ; by which all per (on s are inter- pelied from contrafting with her, or giving her credit. After the completing of this diiigence, whereby the prcepofitura falls, the wife cannot bind the hufband, un¬ ion, for Inch reafonable furriftimgs as he cannot milrudl that he provided her with As every man, and confequently every hi (band, has a right to remove his managers at pleafure, inhibition may pafs at the fuitof the hufband againft the wife, though he (houid not offer to juftity that meafure by an adluai proof of the extra¬ vagance or profufion of her temper. Rights af- 17. As to rights granted by the wife afh dting her feeling her eftate) ftie has no moveable eftate, except her para- eftate. phernalia ; and thefe (he may alien or impignorate, wfth confent of her hufhand. She can, without the hufband, bequeath by teftament her (hare of the goods in communion •, but fhe cannot difpofe of them inter •vivos ; for ihe herfelf has no proper right to them while the marriage fubfifts. A wife can lawfully oblige her¬ felf, in relation to her heritable eftate, with confent of her hufband : for though her perfon is in feme fenfe funk by the marriage, (he continues capable ©f hold¬ ing a real eflate j and in fuch obligations her efiate is confidered, and not her perfon. A hufband, though he be curator to his wife, can, by his acceptance or in¬ tervention, authorize rights granted by her in his own favour : for a hufband’s curatory differs in this refpeft 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 ^ donations, whether by the wife to the huf- IntUrrevu ^and or by the hufband to the wife, are revocable by cable. t^e d°nor 5 ^ut ^ tlne 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 wife, is not revocable, unlefs in fo far as it exceeds the meafure of a rational fettlementj 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 line inde bears no pro¬ portion to each other. All voluntary contracts of re¬ paration, by which the wife is provided in a yearly ali¬ mony, are effeftual as to the time paft, but revocable either by the hufhand or wife. Ratification 19. As wives are in the ftrongeft degree fubjeft to by wives, the influence of their huibands, third parties, in whofe favours they had made grants, were frequently vexed with a&ions of reduftion; as if the grant had been ex- W. Part III. torted from the wife through the force er fear of the Law of hufband. To fecure the grantees againft this danger, Scotland,^ ratifications were introduced, whereby the wife, ap¬ pearing before a judge, declares upon oath, her huf¬ band not prefent, that fhe. was not induced to grant the deed ex vt out metis. A wife’s ratification is not abfolutely neceffary for fecuring the grantee : law in¬ deed allows the wife to bring reduction of any deed fhe has not ratified, upon the head ot force or fear j of which, ii (he bring luftieient evidence, the deed will be f'et afide ; but if (he fails in the proof, it will remain efftClual to the receiver. 20. Marriage, like other contracts, might, by theDifiblutm Roman law, be diffolved by the contrary confent of par-°* marri* tits ; but. by the law of bcotland, it cannot be diffolved aS8* till death, except by divorce, proceeding either upon the head of adultery or of wilful defertion. 21. Marriage is diffolved by death, either within year and day from its being contracted, or after year and day. if it is diffolved within year and day, all rights granted in confideration of the marriage (unlefs guarded againft in the contract) become, void, and things return to the fame condition in which they flood before the marriage j with this refirictmn, that the hufband is confidered as a bona fide polleffor, in rela¬ tion to what he has confumed upon the faith of his right j but he is liable to repay the tocher, without any dedu&ion, in confideration of his family expence during the marriage. If things cannot be reftored 012 both fides, equity hinders the reftoring of one party and not the other. In a cafe which was lately before the court of feflion, it was determined after a long hearing in prefence, that where a marriage had been 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 eflate of which he died poffeffed, though there were no conventional provifions ilipulated 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 j and the wife, where fhe fur- vives, is entitled to her jointure, or to her legal provi¬ fions. She has alfo right to mournings, fuitable to the hufband’s quality \ 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 effedt as if it had fubfifted beyond the year. A day is adjedled to the year, in tnajorem evidentiam, that it may clearly appear that the year it- felf is elapfed $ and therefore, the running of any part of the day, after the year, has-the fame effedl as if the whole were elapfed. The Ifegal right of courtefy competent to the furviving hufband is explained below, N° clxx. 28. 23. Divorce is fuch a reparation of married per Tons, D;vorcs, 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 diflolve marriage; they are on¬ ly handles, which the injured party may take hold of to be free. Cohabitation, therefore, by the injured party, after being in the knowledge of the adds of adultery, implies a paffing from the injury ; ard no di¬ vorce can proceed, which is carried on by collufion be¬ twixt CHcip. I. Law of twixt tlie parties, left, contrary to tlie £vft inftitution Scotland. 0f marrjage, they rnight-difengage them (elves by their ^ ' own confent j and though, after divorce, the guilty perfon, as well as the innocent, may contrail fecond 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 effedf, 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. Depraxi> the commif- faries pronounce fentence in the adherence, after one year’s defertion j but four years mull intervene between the firft defertion and the decree of divorce. 25. The legal effefls of divorce on the head of de¬ fertion are, that the offending hufband thall reftore the tocher, and forfeit to the wife all her provifions, legal and conventional ; and, on the other hand*, the offend¬ ing wife (hall forfeit to the hulband her tocher, and all the rights that would have belonged to her in the cafe of her furvivance. This was alfo etteemed the rule in divorces upon adultery. But by a decifion of the court «f feflion 1662, founded on a traft of ancient decilions recovered from the records, the offending huihand was allowed to retain the tocher. Sect. VII, Of Minort, and their Tatars and Curattrs. Tutors. esli. I. The ftages of life principally diftinguifhed in law Pupiilarity, are pupillarity, puberty or minority, and majority. A child is under pupillarity, from the birth to 14 years of age if a male, and till 12 if a female. Minority be¬ gins where pupillarity ends, and continues till majori¬ ty ; which, by the law of Scotland, is the age of 21 years complete, both in males and females : but mi¬ nority, in a large fenfe, includes all under age, whe¬ ther pupils or puberes. Becaufe pupils cannot in any degree a6t for themfelves, and minors feldom with dif- cretion, pupils are put by law under the power of tu¬ tors, and minors may put themfelves under the direc¬ tion of curators. Tutory is a power and faculty to go¬ vern the perfon, and adminifter the eftate, of a pupil. Tutors are either nominate, of /aw, or dative. 2. A tutor nominate is he who is named by a fa¬ ther, in his teftament or other writing, to a lawful ohild. Such tutor is not obliged to give caution for the faithful difcharge of his office ; becaufe his fidelity is prefumed to have been fufficiently known to the fa¬ ther. 5. 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 next agnate *, by which we underftand he who is neareft related by the father, though females inter¬ vene. Kgaates. 4. Where there are two 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 iufpe&s that he may not be over careful to pre- ferve a life which (lands in the way of his own intereft, this fort of tutor is excluded from the cuftody of the pupil’s perfon j which is commonly committed to the AW. ^ • 635* mother, while a widow, until the pupil be feven years Law or old *, and, in default of the mother, to the next cog- 50(4jcn' nate, i. e. the nigheft relation by the mother. T he tutor of law mud (by act 1474) be at lead 25 years of age. He is ferved or declared by a jury of fworn men, who are called upon a brief iffuing from the chan¬ cery, which is diredled to any judge having jurifdiflion. He mull give fecurity before he enters upon the maw n age men t. 5. If no tutor of law demands the office, any pe^ fon, even a dranger, may apply for a tutory daiive. But becaufe a tutor in law ought t > be allowed a com¬ petent time to deliberate whether he will ferve or not, no tutory dative can be given till the elapfing of a year from the time at which the tutor of law had fivft a right to ferve. It is the king alone, as the father of his country, who gives tutors dative, by his court c£ exchequer ; and by a£l 1672, no gift of tutory can pais in exchequer, without the citation or content cf 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 a£t, may be excluded by the tutor nominate, as Toon as he offers to accept, unleft he has expreftly renounced the office. If a pupil be without tutors of any kind, the court of fed'xon will, at the iuit Indicia! of any kinfman, name a factor (deward) for the ma-^a^or* nagement of the pupil’s edate. 6. After the years of pupillarity are over, the mi¬ nor is confidered as capable of aiding by himl’elf, if he has confidence enough of his own capacity and pru¬ dence. The only two cafes in which curators are im-Curator*, pofed upon minors are, (1.) Where they are named by the father, in a date of health. (2.) Where the father is himfelf alive j for a father is ipfo jure, with¬ out any fervice, adminidrator, that is, both tutor and. curator «f law to his children, in relation to whatever edate may fall to them during their minority. This right in the father does not extend to grandchildren, nor to fuch even of his immediate children as are foris¬ familiated. Neither has it place in fubjeds which are left by a dranger to the minor exclufive of the fa¬ ther’s adminidration. If the minor choofes to be un¬ der the diredion of curators, he mud raife and execute a fummons, citing at lead two of his next of kin t» appear before his own judge ordinary, upon nine days warning (by ad 15jj). At the day and place of ap¬ pearance, he offers to the judge a lid of thofe whom he intends for his curators : fuch of them as refolve to undertake the office mud fign their acceptance, and give caution $ upon which an ad of curatory is extraded. 7. Thefe curators are dyled adnegotia ; to didinguilh them from another fort called curators ad /iter, wh« are authorized by the judge to concur with a pupil or minor in adions 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 edate : they are appointed for 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 ret^0<^tm" the following redridions: (1.) The office of a female ‘C!> 4 L » tutocf ■ 636 Law of Scotland. Difference between tiv tory andcu ratory. Judicial in¬ ventories. Powers of tutors and •urators. L A tutor or curator falls by her marriage, even though the nomination Ihould provide otherwife ; for fhe is no longer fui juris, and incapable of courfe of having an¬ other under her power. (2.) No woman can be tutor of law. Papifts are (by aft 1700) declared incapable of tutory or curatory. Where the minor has more tu¬ tors and curators than one, who are called in the no¬ mination to thejWtfnnanagement, they muft all concur in every aft of adminiftration; where a certain num¬ ber is named for a quorum, that number mult concur : where any one is named Jine qua non, no aft is valid without that one’s fpecial concurrence. But if they are named without any of thefe limitations, the concur¬ rence of the majority of the nominees then alive is fuf- ficient. 8. In this, tutory differs from curatory, that as pu¬ pils are incapable of confent, they have no perfon ca¬ pable of acting 5 which defeft the tutor fupplies : but a minor pubes can aft for himfelf. Hence, the tutor fubferibes alone all deeds of adminiftration : but in cu¬ ratory, it is the minor who fubferibes 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 neareft cognates ; but the minor, after pupillarity, has the dilpofal of his own perfon, and may reftde where he pleafes. In moft other particulars, the nature, the powers, and the duties of the two offices, coincide. Both tutors and curators muft, previous to their adminiftration, make a judicial inventory, fubferibed by them and the next of kin, be¬ fore the minor judge ordinary, of his whole eftate perfonal and real j of which, one fubferibed 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 on the mother’s. If any eftate belonging to the minor (hall afterwards come to their knowledge, they muft add it to the inventory within two months after their attaining poffeflion thereof. Should they negleft this, the minor’s debtors are not obliged to make payment to them : they may be remo¬ ved from their offices as fufpedfted ; and they are enti¬ tled to no allowance for the fums diiburfed 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. Tutors and curators cannot grant leafes of the minor’s' lands, to endure longer than their own office ; nor under the former rental, without either a warrant from the court of feflion, or fome apparent neceflity. 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 reftraint 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 ; but the charter muft contain no new right in favour of the heir. The ali¬ enation, 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 truft, authorize the minor to do any deed for their own benefit j nor can they acquire any debt affefting the minor’s eftate : and, where a tutor or cu¬ rator makes fuch acquifttion, in his own name, for a W. Part III, lefs fum than the right is entitled to draw, the benefit Law of thereof accrues to the minor. It feems, however, that Sc°ftand. fuch purchafe would be confidered as valid, provided it were bona fide acquired at a public fale j for in fuch cafe it occurs that the tutor or curator is in fa£t melio¬ rating the fituation 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 ftiall do every thing in their power towards the faithful and proper difeharge of their refpeftive of¬ fices. 12. By the Roman law, tutory and curatory, being Their obli. munera publica, might be forced upon every one whogations, 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 hege poufie (when in a ftate of health), names certain perfons both as tutors and curators to his children, though they have adted as tutors, they may decline the office of curatory. Tutors and curators having once accepted, are liable in dili¬ gence, that is, are accountable for the confequences of their negledt in any part of their duty from the time of their acceptance. They are accountable fnguli in folidum, 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 adtion of relief againft 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 adt to the beft of their power for their children, are liable only for adtual in- tromiflions. (2.) Tutors and curators named by the father in confequence of the adl 1696, with the fpecial provifos, that they fhall be liable barely for intromif- fions, not for omiflions 5 and that each of them {hall be liable only for himfelf, and not in folidum for the co¬ tutors : but this power of exemption from diligence is limited to the eftate defeending from the father him¬ felf. Tutors or curators are not entiiled to any falary or allowance for pains, unlefs a falary 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 of tutor or curator 5 yet having once accepted, he cannot throw it up or renounce it without fufficient caufe ; but, if he fhould 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- condudt proceeds merely from indolence or inattention, the court, in place of removing the tutor, either join 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. The offices of tutory and curatory expire alfo by How tutc- the pupil’s attaining the age of puberty, or the minor’s ry and cu- .attaining the age of 21 years complete 5 and by the r^toly ex' death either of the minor, or of his tutor and curator.l)ue' Curatory alfo expires by the marriage of a female mi¬ nor, who becomes thereby under the coverture of her own hufband. After expiry of the office, reciprocal adtions lie at the inftance both of the tutors and cura¬ tors, and of the minor. That at the inftance of the minor is called aclio tutelce diredla, by w hich he can com,- Eel Chap. Law of Scotland. Effe&s of deeds by minors. I. L A pel the tutors to account ; that at the Inftance of the tutors, aftio 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; for till then the tutors are prefumed intus habere to the effects in their own hands for anfwering their difburfements. 16. Deeds either by pupils, or by minorshaving 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 j but whatever is execu¬ ted in the form of a deed inter vivos, requires the cu¬ rator’s confent. Deeds by a minor who has no cura¬ tors, are as eflfe&ual 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. j ^ Minors may be reftored againft all deeds grant¬ ed in their minority, that are hurtful to them. Deeds, in themfelves void, need not the remedy of reftitution ; 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 neceflary: and even where a minor, having curators, executes a deed hurtful to himfelf with their confent, he has not only action againft the curators, but he ha£ 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 capite tninorennitatis et Iccji- onis, before he be 25 years old. Thefe four years, be¬ tween the age of 21 and 25, called quadriennium utile, are indulged to the minor, that he may have a reafon- able time, from that period, when he is firft prefumed to have the perfeft ufe of his realon, to confider with himfelf what deeds done in his minority have been truly prejudicial to him. 18. Oueftions of reftitution are proper to the court of feflion. Tw'o things muft be proved by the minor, in order to the reduction of the deed : (1.) 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 j 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 his own de- li<5t or fraud ; e. g. if he thould induce one to bargain with him by faying he was major, (i-) 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 atts in¬ ferring approbation. (2.) A minor, who has taken himfelf to bufinefs, as a merchant-ihopkeeper, &c. can¬ not be reftored againft any deed granted by him in the courfe of that bufinefs, efpecially if he was proximus majorcnnitati 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 (hall 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 wras not full 25, the privilege continues with the heir during his minority; Its requi- Stes. How ex¬ cluded. How tranf- mitted to the heir. 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 1'ucceeds to a major dying within the quadriennium, no more of it can be profitable to him than what remain¬ ed when the anceftor died. 2i. No minor can be compelled to ftate himferf Mmoi non a defender, in any aftion, whereby his heritable eft ate l'iU" flowing from afcendants may be evicted from him, by one pretending a preferable right. 2 2. This privilege is intended merely to fave minors from the neceflity of difputing upon queftions of prefer¬ ence. It does not therefore take place, (1.) Vv here the aftion is purfued on the father’s falfehood or delift. (2.) Upon his obligation to convey herilage. (3.) On his liquid bond for a fum of money, though fueh ac¬ tion ihould have the effieft to carry off the minor’s eftate by adjudication. (4.) Nor in acth.ns purfued by the minor’s fuperior, upon feudal cafualties. (5.) d his privilege cannot be pleaded in bar of an action which had been firft brought againft the father, and is only continued againft the minor ; nor where the father was not in the peaceable pofTeffion of the heritable fubjeft at his death. Before the minor can plead it, he muft: be ferved heir to his father. The perfons of pupils are by faid a£t 1696 protected from imprifonment on civil debts. 23. Curators are given, not only to minors, but in Curators ot general to every one who, either through defect of judgment, or unfitnefs of difpofition, is incapable of^" s 1 rightly managing his own affairs. Of the firft tort, are idiots and furious perfons. Idiots, or fatui, are en¬ tirely deprived of the faculty of reafon. The diflemper of the furious perfon does not confift in the deleft of reafon ; but in an overheated imagination, which ob- ftrufts the application of reafon to the purpofes of life. Curators may be alfo granted to lunatics; and even to perfons dumb and deaf, though they are of found judge¬ ment, where it appears that they cannot exert it in the management of bufinels. Every perftm, who is come of age, and is capable of afting rationally, has a natu¬ ral right to conduft 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- refted to any judge ordinary, but to the judge of the fpecial territory where the perfon alleged to be fatuous or furious reftdes ; 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 hulband to that of his fatuous wife, before the agnate. 24. A claufe is inferted in the brief, for inquiring how long the fatuous or furious perfon has been in thatr condition : and the verdift to be pronounced by the inqueft has a retrofpeftive effeft : for 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 of theu1 638 . L A W. Partin, Law of their fatuity at the time of figning, though they thould ^cotiaiK, nevet. have been cognofced idiots by an inqueft. 25. We have fome few inllances of the fovereign's giving curators to idiots, where the next agnate did not claim *, but fuch gifts are truly deviations from our law, fince they pafs without any inquiry into the date of the perfon upon whom the curatory is impofed.— Plence the curator of law to an idiot ferving quandocun* que, 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 perfed return to & found judgment j which laft ought regularly to be de¬ clared by the fentence of a judge. Snterdic* 26. Perfons, let them be ever fo profufe, or liable to fUon. he impofed upon, if they have the exercife of reafon, can effedually oblige themfelves, till they are fettered by law. T his 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 interdidors. 27. There could be no interdidion by our ancient pradice, without a previous inquiry into the perfon’s condition. But as there were few who could bear the fliame that attends judicial interdidion, however ne- ceflary the reftraint might have been, voluntary inter¬ didion has received the countenance of law $ which is generally executed in the form of a bond, whereby the granter obliges himfelf to do no deed that may affed his eftate, without the confent of certain friends there¬ in mentioned. Though the reafons indudive of the bond Ihould be but gently touched in the recital, the in¬ terdidion ftands good. Voluntary interdidion, though it be impofed by the foie ad of the perfon interdided, cannot be recalled at his pleafure : but it may be taken off, (1.) By a fentence of ths court of feffion, declar¬ ing, either that there was from the beginning no fuf- ftcient ground for the reftraint j or that the party is, iince the date of the bond, become rei fui providus. (2.) It falls, even without the authority of the lords, by the join ad of the perfon interdided, and his in- terdidors, concurring to take it off. (3.) Where the bond of interdidion requires a certain number as a quorum, the reftraint ceafes, if the interdidors (hall by death be reduced to a leffer number. 28. Judicial interdidion is impofed by a fentence of the court of feffion. It commonly proceeds on an adion brought by a near kinfman to the party ; and fometimes from the nobi/e ojjkium 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- jed to impolition. This fort muft be taken off by the authority of the fame court that impoled it. Regiftra- 29. An interdidion need not be ferved againft the tion of m- perfon interdided j but it rauft be executed, or pub- terdidijus. j;{he3 jjy a meffenger, at the market crofs of the ju- rifdidion where he refides, by publicly reading the in¬ terdidion there, alter three oytffes made for convoca- ting the lieges. A copy of this execution muft be af¬ fixed to the crofs ; and theieafter, the interdidion, with it- execution, muft (oy the ad 1581) be regiftered in the books both of tbe jurifdidion where the perfon interdided refides and where his lands lie, or (by the ad 1600) in the general regifter <>» the, feffion, within 40 days from the publication. An interdidion, before it is regiftered, has no effed againft third parties, Law of though they ftiould be in the private knowledge of it j Scotland, but it operates againft the interdidors themfelves, as foon as it is delivered to them. 30. An interdidion, duly regiftered, has this effed, Effe&s> that all deeds done thereafter, by the perfon interdid¬ ed, without the confent of his interdidors, affeding his heritable eftate, are fubjed to redudion. Regif- tration in the general regifter fecures all his lands from alienation, wherever they lie ; but where the in¬ terdidion is recorded in the regifter of a particular fhire, it covers no lands except thole fituated in that fhire. But perfons interdided have full power to dif- pofe of their moveables, not only by teftament, but by prefent deeds of alienation : And creditors, in perfonal bonds grunted after interdtdion, may ufe all execution againft their debtor’s perfon and moveable eftate : luck bonds being only fubjed to redudion in fo far as di¬ ligence againft the heritable eftate may proceed upon them. 31. All onerous or rational deeds granted by the perfon interdided, are as effedual, even without the confent of the interdidors, as if the granter had been laid under no reftraint $ but he cannot alter the fuccef- lion of his heritable eftate, by any fettlement, let it be ever fo rational. No deed, granted with confent of the interdidors, is reducible, though the ftrongeft le- fion or prejudice to the granter fhould appear : the on¬ ly remedy competent, in fuch cafe, is an adion by the granter againft his interdidors, for making up to him what he has loft through their undue confent. It is noofficeofi*' part of the duty of interdidors to receive fums or ma-terdiders. nage any eftate ; they are given merely ad auBoritatem prcqfiandam, 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 law concerning the ftate of children falls Lawftrt next to be explained. Children are either born in wed-childre)& lock, or out of it. All children born in lawfful mar¬ riage or w'edlock, are prefumed to be begotten by the perfon to whom the mother is married ; and eonfe^ quently to be lawful children. This prefumption is fo ftrongly founded, that it cannot be defeated but by dired evidence that the mother’s hufband could not be the father of the child, 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 teftinaony of the hufband and wife, that the child was 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 fuefe 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 direding their edu¬ cation, and of moderate chaftift ment $ and even after they become puberes, he may compel them to live m family with him, and to contribute their labour and induftry, while they continue there, towards his fervice, A child who gets a feparate fto( k from the father for carrying on any trade or emp’oyment, even though he fhould continue in the father’s houfe, may be laid te be emancipated or forisfamiliated, in fo far as it concerns that flock ; for the profits arifing from it are his own. forisfamiliation, when taken m this fenfe, is alfo infer- Chap. Law of Scotland. Baftards. Servants. Colliers and falters. Reftraints lately ta¬ ken off. II. LA red by fcbe child’s marriage, or by his living in a fepa- rate houfe, with his father’s permiflion or good will. ' Children, after their full age of twenty-one years, be¬ come, according to the general opinion, their own ma¬ tters j and from that period are bound to the father only by the natural ties of duty, affection, 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 ftyled natu¬ ral children, or baitards. Baftards may be legitimat¬ ed 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 fueceffion 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.) Battm-ds are legitimated by letters of legitimation from the fovereign. N° clxxxii. 3. 34. As to the power of matters over their fervants: All fervants now enjoy the fame rights and privileges with other fubje&s, 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 iervants engage without com- pulfion, either for mere fubfiftence, or alfo for wages. Thofe who earn their bread in this way, if they flrould ftand off from engaging, may be compelled to it by thejuftices of the peace, who have power to fix the rate of their wages. 35. Colliers, coal-bearers, falters, and other perfons neceffary to colliers and fait works, as they are parti¬ cularly 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 ivas transferred to the new proprietor. All perfons were prohibited to receive them into their fer¬ vice, without a teftimonial from their laft matter j 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 fhould negleft to require the deferter within the year, he did not by that fliort prefeription, lofe his property in him. Colliers, &c. where the colliery to which they were re- ftri&ed was either given up, or not fuffieient for their maintenance, might lawfully engage with others ; but if that work ttiould be again fet a going, the proprie¬ tor might reclaim them back to it. 36 But by 15 Geo. III. c. 28. thefe rettraints, the only remaining veftiges of flavery in the law' of Scot¬ land, are abrogated •, and, after the ift July 5 775? colliers, coal-bearers, and falters, are declared to be up¬ on the fame footing with other fervants or labourers. The aft fubjefts thole who are bound prior to the ift 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 low-eft clafs or order of per- Law of fons. Indigent children may be compelled to ferve any Scot]and.^ of the king’s fubjefts without wages, bill the age of rhep00Jj thirty years. V- giants and fturdy beggars may be alfo compelled to ferve any manufafturer. And becaufe few perfons were willing to receive, them into their ler- vice, public workhoufes are ordained to be built for fetting them to work. The poor who cannot work, mutt be maintained by the parilhes in w hich they were born 5 and where the place of their nativity is not known, that burden falls upon the parifhes where t.‘.ey have had their moft common refort, for the three years immediately preceding their being apprehended or their applying for the public charity. Where the con¬ tributions collefted at the churches to which they be¬ long are not fufficient for their maintenance, they are to receive badges from the minitter and kirk lefficn, in virtue of which they may afk alms at the dwelling- houfes of the inhabitants of the parifti. Chap. II. O/'Things. The things, or fubjefts, to which perfons have right, are the fecond objeft of law'. Sect. I. Of the Dimjion of Rights, and the federal ways by which a Right may be acquired. clxifi I. The right of enjoying and difpofing of a fubjeft Property, at one’s plealure, is called property. Proprietors are rettrained by law from ufing their property emuloufly to their neighbour’s prejudice. Every ftate or fove¬ reign has a power over private property, called, by fome lawyers, dominium eminens, in virtue of which, the proprietor may be compelled to fell his property- for an adequate price, where an evident utility on the part of the public demands it. 1. Certain things are by nature itfelf incapable of Things in¬ appropriation 5 as the air, the light, the ocean, &c.; capable of none of which can be brought under the power of any feppiop153” one perfon, though their uie be common to all. Others are by law exempted from private commerce, in refpeft of the ules to which they are deftined. Of this laft kind are, (1.) Res pub lie as navigable rivers, high¬ ways, bridges, &c. the right of which is vetted in the king, chietty for the benefit of his people, and they are called tegaha. (2.) Res univerjitatis, things which be¬ long in property to a particular corporation or fociety, and whole ufe is common to every individual in it, but both property and ule are fubjeft to the regulations of the fociety ; as tow n 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 occupations^ or acceffon ; and transferred by tradition or prefeription ; acquiring but prefeription being alfo a way of lofing property, 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- ftriftions, the doftrine of the Roman lawq iguod nullius ejj Jit occupantis; but it can have no room in the feudal plan,* 640 Law of Svuuand. Acceflion, L A \V. Part III, plan, by which the king is looked on as original proprietor of all the lands within bis dominions. 4. Even in that fort of moveable goods which are preiunK-d to have once had an owner, this rule obtains by the law of Scotland, Quod nuilius (ft, fit domim regis. Thus, the ri^ht of treaiure hid under ground is not acquired by occupation, but accrues to the king.— Thus alfo, where one finds (hayed cattle or other moveables, which have been loft by their former ow ner, the finder acquires no right in them, but muft give public notice thereof; and if, within year and day after fuch notice, the proprietor does not claim his goods, they fall to the king, IherilF, or other perton to whom the king has made a grant of fuch efeheats. 5. In that fort of moveables which never had an owner, as wild beafts, fowls, fifties, or pearls found on the ftiore, the original law takes place, that he who firft apprehends, becomes proprietor; infomuch, that though the right of hunting, fowling, and fiftiing, be reftrained by ftatute, under certain penalties, yet all game, even what is catched in contravention of the lawq becomes the property of the catcher (unlefs where the confifeation thereof is made part of the penalty), the contravener being obnoxious, however, to the pe¬ nal ena&ment of the ftatutes in confequence of his tranfgreflion. It was not for a long time a fixed point whether a perfon, though pofleffed 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 feffion, and affirmed upon appeal, that he could not; it being repugnant to the idea of property, that any perfon, however qualified, fliould 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 who 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 w ith fix oxen. 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; 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 become ours. Thus alfo the infenfible addition made to one’s ground by what a river wafhes from other grounds, (which is called aHuvio), accrues to the mailer 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 avu/Jio, they confidered the owner’s right of property ftiil to fubfift, § 21. Injl, de rer, divif.; and it is probable ^that, in a fimilar cafe, our courts would countenance the diftnuftion. 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 practice has for a like reafon ex¬ tended to fimilar cafes. 7. Under acceffion is comprehended Specification ; Law of by which is meant, a perfon’s making a new fpeeies or Scotland, ffibject, from materials belonging to another. Where s '~1, the new' fpecies can be again reduced to the matter of'ti0n- which it w'as made, law confiders the former mats as ftill exifting; and therefore, the new (pecies, as an ac- celfory to the former lubje£t, belongs to the proprietor of that lubjefl: but wffiere 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 the Jidtio juris; and therefore the workmanftiip draws after it the property of the materials. Rut the perfon who thus carries the property from the other is bound to indemnify him according to the true value; and in cafe it was done mala jidr, he may be made liable in the pre- tium afftSiionis or utmoft value. 8 Though the new fpecies fliould be produced fromcommi*. the Commixtion or confufion 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 property, according to the lhares that each pro¬ prietor had formerly in the feveral fubjedts. Where things of the fame fort are mixed without the confent of the proprietors, which cannot again be feparated ; e. g. two hogfheads of wine, the whole likewiie 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 flocks of Ihtep,. (he property continues di- (tindl. 9. Property is carried from one to another by TsA-Tradition. DitION; which is the delivery of peffeflion by the pro¬ prietor, with an intention to transfer the property to the receiver. Two things are therefore requifite, in ox'der 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 fale, exchange, gift, &c. (2.) The aclual delivery in pur- fuanee of that intention. The firft is called the caufat the other the modus transferendi doruinn : 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 nudispac- tis, transferuntur rerum dormnia. 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. Wffiere the pofff ffion or cuftody of the fubjedl 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 acqui-pofl-e^10n, 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 adl of the mind, without real detention ; but, being once acquired, it may be continued Jolo animo. Poffeffion is either natural, or civil. Natural poffeffion natura2 is, w'hen one poffe.ffes 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 ad of the mind, or by the hands of another Chap. II. L. A \v. 64.1 Law of Scotland. hotui fide. Effedls of ^offefllQn. who holds It in our name . thus, the owner of a thing lent polfefTes it by the borrower j the proprietor of lands, by his tackfmen, truftee, or Reward, &e. The fame fabjeft cannot be poffefled entirely, or in foUdum, by two different perfons at one and the fame time : and therefore poffeffiofi by an aft of the mind eeafes, as foon as the natural poffeffion is fo taken up by another, that the former poffeffor is not foffered to re-enter. Yet two perfons may, in the judgment of law, poffefs the fame fubjeft, 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 i lit pignoration ; while the proprietor is eonfidered as poffefling, in and through the creditor, in fo far as is nSceffary 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 difun ft from the property. 1 2. A bop.n fide poffeffor is he who, though he is not really proprietor of the fubjeft, yet believes himfelf pro¬ prietor on probable grounds. A male fde poffeffor is he who knows, or is prefumed to know, that what he pof¬ feffes is the property of another. A poffeffor bona fde acquired right, by the Roman law, to the fruits of the fubjeft poffeffed, that had been reaped and confumed by himfelf, while he believed the fubjefts his own. By our cuftoms, perception alone, without confumption, fecures the poffeffor : nay, if he has fown the ground, while his bona fides continued, he is entitled to reap the crop, propter curatn et cuituram. But this deftrine does not reach to civil fruits, e. g. the intereft of money, which the bona fde receiver muff reflore, together with the principal, to the owner. 13. Bona fides neceffarily ceafeth by the confcientia -ei alienee i n the poffeffor, whether fuch confcioufnefs fhould proceed from legal interpellation, or private knowledge. Mala fides is fometiriies induced by the true owner’s bringing his aftion againit the poffeffor, fometimes not till litifcontellation, and, in cafes un¬ commonly favourable, not till the fentence be pro¬ nounced againfl the poffeilbr. 14. The property of moveable fubjefts is prefumed by the bare aft of pofleffion, until the contrary be proved ; but pofftffionof an immoveable fubjeft, though for a century of years together, if there is no feifln, does not create even a prefumptive right to it : Nulla Jefina, nulla terra. Such fubjeft is confidered as ea- duciary, and fo accrues to the fovereign. Where the property of a fubjeft is contefted, the lawful poffeffor is entitled to continue his poffefiion, till the point of right be difeuffed j and, if he has loft it by force or ftealth, the judge will upon fummary application, im¬ mediately reftore it to him. 15. Where a poffeffor has feveral rights in his per- fon, affefting the fubje6t poffeffed, the general rule is, that he may aferibe his poffeflion to which of them he pleafes •, but one cannot preferibe his poffeffion to a title other than that on which it commenced, in prejudice of him from whom his title flow ed. SECT. II. Of Heritable and Moveable Rights. clxxii. 1. For the better underftanding the doftrine of this title, it muff be known, that by the law of Scotland, and indeed of moft nations of Europe fince the intro- Vol. XI. Part II. duftion of feus, wherever there are two or move in the. Law of fame degree of confanguinity to one who dies iriteftate, Scot land. ^ and who are not all females, fuch rights belonging to y " the deceafed as are either properly feudal, or have any refernblance to feudal rights, defeend wholly to one of them, who is confiderea as his proper heir j the others, who have the name of next of kin or executors, muft be contented with that portion of the eflate which is of a more perifhable nature. Hence has arifen the divifion of rights to be explained under this title : the fubjefts defeending to the heir are flyled heritable; and thofe that fall to the next of kin moveable. 2. All rights of, or affefting lands, under which are Divifion of comprehended boufes, mills, fithings, teinds ; and all lights into rights of fubjefts that are /undo annexa, whether com- ^ na de¬ pleted by feifin or not, are heritable ex fun natura. On abie. the other hand, every thing that moves itfelf or can be moved, and in general whatever is not united to land, is moveable ; as houfehold furniture, corns, cattle, cafh, arrears of rent and of intereft, even though they ftiould be due on a right of annualrent ; for though the arrears lait mentioned are fecurtd on land, yet being prefently payable, they are confidered as caftr. 3. Debts, {nomina debilorurn), when due by bill, pro- mifl'ory note, or account, are moveable. When con- ftituted by bond, they do not all fall under any one head 5 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 lubjeft in fecurity of the principal firm 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 aft 1661, declared to be moveable as to fucceffion ; i. e. they go, not to the heir, but to the next of kin or executors ; 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- quent upon marriage, and the moveables of denounced perfons fall to the crown of filk by fingle efeheat, yet fnth bonds do neither, but are heritable in both re- fpefts. 5. Bonds taken payable to heirs and affignees, fe- eluding executors, are heritable in all refpefts, from the deftihation 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 j for the word heir, which is a generic term, points out him who is to fucceed by larv in the right ; and the execu¬ tor, being the heir in mobilibus, 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, Kow move- (1.) By the proprietor’s deftination. Thus a jewel, able rights or any other moveable fubjeft, may be provided to thebfccunje he- heir, from the right competent to every proprietor to 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 M ing 64 2 Law of Scotlairl. Rights partly hen table, part¬ ly move- able. What pe¬ riod makes a fubjedl heritable or moveable. cixiv. Origin of the feudal law. Definition feus. L uig an neritable right for fecuring it, or by adjudging upon it. 7. Heritable rights do not become moveable by ac- ceff ry moveable fecurities ; the heritable right being, in fuch cafe the jus nobihus, which draws the other af¬ ter it. 8. Certain fubje&s partake, in different refp<'£ts, 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 live filk, and the rights of hufband and wife. All bonds, whether merely perfonal, or even heritable, on which no feifin has followed, may be afte&ed at the fuit of creditors, either by abjudication, which is the diligence proper to heritage, or by arreftment, which is peculiar to moveables. Bonds fecluding executors, though they’ defcend to the creditor’s heir, are payable by the debt¬ or’s executors, without relief againft the heir ; fince the debtor’s fucceflion cannot be affected by the deftination of the creditor. 9. All queftions, whether a tight be heritable or moveable, mull 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 ; if moveable, it mud fall to the executor, without regard to any alterations that may have affetled the fubjeft in the intermediate period between the ancef¬ tor’s death and the competition. I. HERITABLE RIGHTS. Sect. III. Of the Coufitution of Heritable Rights by Charter and Seijin* 1. Heritable rights are governed by the feudal law, which owed its origin, or at lead its fird improvements, to the Longobards; whofe kings, upon having penetra¬ ted into Italy, the better to preferve their conqueds, 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 conditutions and ufages were fird re¬ duced into writing about the year 1150, by two law¬ yers of Milan, under the title of Confuetudines Feudo- rutn. None of the German emperors appear to have exprefsly confirmed this colle6tion by their authority : but it is generally agreed, that it had their tacit appro¬ bation, and was confidered as the cudomary feudal law of all the countries fubjeft to the empire. No other country has ever acknowledged thefe books for their law y but each date has formed to itfelf fuch a fydem of feudal rules, as bed agreed with the genius of its own conditution. In feudal quedions, therefore, we are governed, in the fird place, by our own datutes and cudoms; where thefe fail us, we have regard to the pra&ice of neighbouring countries, if the genius of their law appears to be the fame with ours j and ffiould the quedion dill remain doubtful, we may have re- courfe to thofe written books of the feus, as to the original plan on which all feudal fydems have pro¬ ceeded. 3. This military grant got the name, fird of bene- Jiciuni) and afterwards of feudum ; and was defined a 4 A W. Part TIL gratuitous right to the property of lands, made under Law df the conditions of fealty and military fervice, to be per- Scot ml. formed to the granter by tha receiver; the radical v" ^ right of the lands dill remaining in the granter. Un¬ der lands, in this definition, are comprehended all rights 01 fubjecls fo connected with land,, that they are deem¬ ed a part thereof; as houfes, mills, fifhings, iuri(dic¬ tions, patronages, &.c. Though feus in their original nature were gratuitous, they loon became the fubject of commerce ; fervices of a civil or religious kind were frequently fubdituted in place of military ; and now, of a long time, fervices of every kind have been entire¬ ly difpenfed with in certain feudal tenures. He who makes the grant is called the fuperior, and he who re-Superior ceives it the voffal. The fubjedt of the grant is com- and vafialv monly called the fu ; though that word is at other times, in our law, ufed to dgnify one particular tenure. (See Se61. iv. 2.). The intered retained by the iupe- rior in the feu is dyled dominium direttum, or the fu- periority ; and the intered acquired by the vaffal, do¬ minium utile, or the property. The word fee is promif- cuoufly applied to both. 4. Allodial goods are oppofed to feus; by which are Allodial underdood goods enjoyed by the owner, independentg00^1 2 3, of a fuperior. All moveable goods are allodial ; lands only are fo when they are given without the condition of fealty or homage. By the feudal fydem, the fove- reign, 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 allo¬ dial, except thofe of the king’s ow n property, the fupe- riorities which the king rderves in the property-lands of his fubjedls, and manfes and glebes, the right of which is completed by the prefbytery’s defignation, without any feudal grant. 5. Every perfon who is in the right of an immove- who can able fubjeft, provided he has the free adminidration grant feu- of his ellate, and is not debarred by datute, or by theflai 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 fubaltern right, and thereby raife a new dominium dirt Bum in himfelf, fubordinate to that which is in his fuperior ; and fo in infnitum. The vaffal who thus fubfeus is called 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 ae-Who can quire and enjoy feudal rights. Papids cannot purchafe ltce*ve a land edate by any voluntary deed. Aliens, w,ho owe ^em" allegiance to a foreign prince, cannot hold a feudal right without naturalization : and, therefore, where fuch privilege was intended to be given to favoured na¬ tions or perfons, datutes of naturalization were necef- fary, either general or fpecial ; or, at lead, letters of naturalization by the fovereign. 7. Every heritable fubjeft capable of commerce, may be granted in feu. From this general rule are ex-jefts can cepted, I. The annexed property of the crown, whichLe granted is not alienable without a previous diffolution in par-111 *eUt liament. 2. Tailzied lands, which are devifed under condition that they ffiall not be aliened, 3. An edate in hcereditate jacente cannot be effeftually aliened by the heir-apparent (i. e. not entered) ; but fuch aliena¬ tion becomes effeftual upon his entry, the fupervening light Chap. II. L Law of Scotland. Feudal charter. Fts confti- tuent parts Warran¬ tee. right accruing in that cafe to the purchafer *, which is a rule applicable to the alienation of all fubjeds not belonging to the vender at the time of the fale. 8. The feudal right, or, as it is called, inveftiture, is conftituted by charter and feifin. By the charter, we underftand that writing which contains the grant of the feudal fubjedt to the vaffal, whether it be exe¬ cuted in the proper form of a charter, or of a difpoli- tion. Charters by fubjedl fuperiors are granted, ei¬ ther, l. A me de fupenore tneo, when they are to be hoi den, not of the granter himfelf, but of his fuperior. This fort is called a public holding, becaufe vaffals were in ancient times publicly received in the fuperior’s court before the pares curies or co-vaflals. 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- blifliment of our records, they were eafily concealed from third parties \ the nature of all which will be more fully explained, Sed. 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 affignee of the vaffal. All doubtful claufes in char¬ ters by progrefs ought to be conftrued agreeably to the original grant j and all claufes in the original charter are underftood to be implied in the charters by pro¬ grefs, if there be no exprefs alteration. 0. The firft claufe in an original charter,, which follows immediately after the name and defignation of the granter, is the narrative or recital, which exprefles the caufes indu&ive of the grant. If the grant be made for a valuable confideration, it is faid to be one¬ rous; if for love and favour, gratuitous. In the dif- pofitive claufe of a charter, the fubjeds made over are deferibed either by fpecial boundaries or march ftones, (which is called a bounding charter), or by fuch other charaders as may fufficiently diftinguifh them. A charter regularly carries right to no lubjeds but what are contained in this claufe, though they ftiould be mentioned in fome other claufe of the charter. It has been however found, that a right to falmon fiftr- ing was carried by a claufe cum pifeams in the tenen- das of a charter, the fame having been followed with pofTeflion. 10. The claufe of tenendas (from its firft words te- nendas prcediBas terras) expreffes 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 fervice which the vaflal is to pay or perform to the fuperior. 11. The claufe of warrandice is that by which the granter obliges himfelf that the right conveyed fhall be effedual to the receiver. Warrandice is either per- fonal or real. Perfonal warrandice, where the granter is only bound perfonally, is either, I. Simple, that he (hall grant no deed in prejudice of the right; and this fort, which is confined to future deeds, is implied even in donations. 2. Warrandice ./toot/a# and deed, by which the granter warrants that the right neither has been, nor lhall be, hurt by any fad of his. Or, 3. Abfolule warrandice contra omnes morta/es, whereby the right is warranted againft all legal defeds in it which may carry it off from the receiver either wholly or in part. Where a fale of land proceeds upon an onerous caufe, the granter is liable in abfolute warran- A W. dice, though no warrandice be expreffed } but in af- 643 Law of Scotland. fignations to debts or decrees, no higher warrandice than from fad and deed is implied. 12. Gratuitous grants by the crown imply no war¬ randice j and though warrandice Ihould be expreffed, the claufe is ineffedual, from a prefumption that it has crept in by the negligence of the crown’s officers. But where the crown makes a grant, not ju"e corones, but for an adequate price, the fovereign is in the fame cafe with his fubjeds. I 3. Abfolute warrandice, in cafe of evidion, affords Efft&s of an adion to the grantee againft the granter, for mak-warrandice, ing up to him all that he ihall have iuffered through the defed of the right j and not fimply for his indem¬ nification, by the granter’s repayment of the price to him. But as warrandice is penal, and confequently Jiriftijuris, it is not eafily prefumed, nor is it incurred from every light fervitude that may affed the fubjed ; far lefs does it extend to burdens which may affed the fubjed pofterior to the grant, nor to thofe impofed by public ftatute, whether before or after, unlefs fpecially warranted againft. 14. B.ea! warrandice is either, 1. Exprefs, whereby, Real war- in fecurity of the lands principally conveyed, other candice. lands, called warrandice lands, are alfo made over, to which the receiver may have recourfe in cafe the prin¬ cipal lands be evided. Or, 2. Tacit, which is con-Excam- ftituted by the exchange or excambion of one piece ofbion. ground with another ; for, if the lands exchanged are carried off from either of the parties, the law itfelf, without any padion, gives that party immediate re¬ courfe upon his own firft lands, given in exchange for the lands evided. 15. The charter concludes with a precept of y<7/?,7, Precept of which is the command of the fuperior granter of thefel^'1I1• right to his bailie, for giving feifin or poffeflion to the vaffal, or his attorney, by delivering to him the pro¬ per fymbols. Any perfon, whofe name may h* infert- ed in the blank left in the precept for that purpofe, can execute the precept as bailie $ and whoever hag the precept of feifin in his hands, is prefumed to have a power of attorney from the vaffal for receiving poffeflion in his name. 16. A feifin is the inftrument or atteftation pf a no-Inftmmcnt tary, that poffeflion was adually given by the fuperior or his bailie, to the vaffal or his attorney ; which js confidered as fo neceffary a folemnity, as not to be fup- pliable, either by a proof of natural poffeflion, or even of the fpecial fad that the vaflal was duty entered to the poffeflion by the fuperior’s bailie. 17. The fymbols by which the delivery of poffef-Sjmbols fion is exprefied, are, for lands, earth and ilone j for «fed in,feU rights of annualrent payable forth of land, it is alfofins’ earth and ftone, with the addition of a penny money ; for parfonage teinds, a ftieaf of corn ; for jurifdidions, the book of the court j for patronages, a pfalm book, and the keys of the church 5 for filhings, 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 Regiltra- after their date, either in the general regifter of feifinstl0n of at Edinburgh, or in the regifter of the particular ftiirefins* appointed by the ad 1617; which, it muff be obferv- ^ ‘ 4 M 2 ed, 644- L S^alard e£^’ ^ every cafe, the ihire wilhin which the l!..:' y lands lie. Burgage feifins are ordained to be regifter- ed in the, books of the borough. 19. Unregillered feihns are ineffeflual againft third parties, but they are Valid againft the gr a liters and their heirs. Seifins regularly recorded, are preferable not according to their own dates, but the dates of their regiftration. One feifin 20. Serfm neceffarily ftippofes a fuperior by whom ferves in it is given ; the right therefore which the fovereign, 'ncUiT01^ "^° a{^-howledgeS' the fuperior, has over tiie whole ted tene-111* ^an^s Scotland, is conftituted jure coroner without mtnts. feifin. In feverai parcels of land that lie contiguous to one another, one feifin ferves for all, unlefs the right of the feverai parcels be either holden of different fu- periors, or derived from different authors, or enjoyed by different tenures Under the lame fuperior. In dll- contiguous lands,.- a feparate feiiin muft be taken on every parcel, Unlef'the fovereign has united them in¬ to’one ten an dry by a charter of union j in which cafe, if there is no fpecial place expreffed, a feiiin taken on any part of the united lands will ferve for the whole, even though they be fituated in different {hires. The only effebl of union is, to give the difeontiguous lands the ftuue quality as if they had been contiguous or na¬ turally united ; union, therefore, does not take off the neceffity of feparate feilins, inlands holden by differ¬ ent tenures, or the rights of which flow from different fuperiors, thefe being incapable of natural union. Barony im- 2T- privilege of barony carries a higher right plies union, than union 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 erebted into a barony be fold by the vaffal to be holdert a me, the whole union is not thereby diffolved : what remains unfold retains the quality. A charter 22. A charter, not perfebted by feifin, is a right becomes merely perfonal, which does not transfer the property clxx”5- *•) i and a feifm of itfelf bears no a cr ei in. fgpp without fts warrant : It is the charter and feiiin joined together that conftitutes the feudal right, and fecures the receiver againft the effebt of all pofterior feiiin?, even though the charters on which they proceed Ihould be prior to his. All burdens 23* h>io quality which is defigned as a lien or real muft be in burden on a feudal right, can be effeblual againft fiq- the'inv'fti SUlar rucce?'ors>.tf Jt be not inferted in the inveftiture. ture.nVt " tbe 1 editors in the burden are not particularly men¬ tioned- the burden is not real 5 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 fum be not paid againft a day certain, the burden is real v but where the receiver is limply obliged by his acceptance to make payment, the claufe is effeblual only againft him and his heirs. Sect. IV. Of the feverai hinds of Holding. clxv. 1 ■ Feudal fubjebis are chiefly diftinguilhed by their Ward-hold-^3^ererit tnauuevs of holding, which were either ward, ing. blanch, feu, or burgage. Ward-holding, (which is now b‘.r;o; 1 ^ W* part Hi. abolilhed by 20 Geo. II. e. 5c.) was that which was Law0f granted lor military ferviee. Its proper reddendo was Scotland, fervices, or fervices ufed and wont; by which laft was meant the performance of fervice whenever the fupe- rior’s oeeafions required it. As all feudal rights were originally held by this tenure, ward-holding was in du- bto prefumed. Hence, though the reddendo had con¬ tained feme Ipeeial fervice or yearly duty, the holding was prefumed ward, if another holding was not parti¬ cularly expr-effed. 2. Fea-hulding is that whereby the vaffal is obliged Feu-hold. to pay to the fuperior a yearly rent in money or grain, ing. and lometimes alio in fervices proper to a farm, as ploughing, reaping, carriages for the luperior’s ufe, &c. nominefeudifrtme. This kind of tenure was in¬ troduced for the encouragement of agriculture, the improvement of which was confiderably obftrubted by the vaffal’s obligation to military fervice. It appears to have been a tenure known in Scotland as far back as leges bttrgorum. 3. Blunck-holding 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 acknowledgement of the fuperiority, nomine alba, firmer. 1 his duty, where it is a thing of yearly growth, if it be not demanded within the year, cannot be exafted thereafter ; and where the words fi petatur tan turn 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. Burgage-hq]ding is that, by which boroughs-Burgage, royal hold of the fovereign the lands which are con-bolding, tained in their charters of ereftion. 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 laid, fome 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 feifm to them, act, not as fupe- riors, but as the king’s bailies fpecially authorized thereto. 5. Feudal fubjefts, granted to churches, monafte-jvxort;fic3i, ries, or other focieties for religious or charitable ufes, tion. are faid to be mortified, or granted ad manum mor- tuam ; either becaufe all cafualties muft neceffarily be loft to the luperictr, where the vaffal is a corporation, which never dies ; or becaufe the property of thefe fubje£ts 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 rleemofynam; the only fervices preftabie by the vaffals were prayers, and finging of mafles 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 were annexed to the crown : but mortifications to uni- verflties, holpitals, &c. were not affefled 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. H. ' L A W. . 645 Law n mg ; But as the fuper’or mtill lofe"au the cafualUes Scot land, of fuperiority in the caie of morlificalions to churches, univerllties, &c. which, being confidered as a corpora¬ tion, never dies j therefore lands cannot be mortified without the fuperior’s confent. Craig, lib. L dieg. 11. § 21. clxvi. SiiCT. V. Of the Cafuallies due to the Superior. Fixed rights i. The right of the fuperior continues unimpaired, of mperio- notwithflaoding the feudal grant, unlefs in fo far as ritlr‘ the dominium utile, or property, is conveyed to his yaffil. 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- bitum fundi, i. e. it is recoverable, not only by a perfon- al action againft himfelf, but by a real action againft the lands. Cafual 2. Beffles the conflant fixed rights of fuperiority, rights. there are others which, becaufe they depend upon un¬ certain events, are called cafualties. Ward-hold- 3* The cafualties proper to a ward holding, while ing. that tenure fubfitted, were ward, recognition, and mar¬ riage, which it is now unneceffary to explain, as by the late ftatutes 20 and 25 Geo. II. for abolilhing ward- holdings, the tenure of the lands holden ward of the crown or prince is turned into blanch, for payment of one penny Scots yz%v\y, Jipetatur tantiwi ; and the te¬ nure of thofe holden of fubjefts into feu, for payment of fuch yearly feu duty in money, victual, or cattle, in place of all fervices, as Ihould be fixed by the court of feffion. And accordingly that court, by aft of federunt Feb. 8. 1749, laid down rules for afcertaining the ex¬ tent of thefe feu duties. A full hiftory of their cafual¬ ties, and of the effefts confequent upon their falling to the fuperior, will be found in Erlkine’s large Infti- tute, B. 2. t. 5. § 5. et fequen. ; to which the reader is referred. Feu-hold- 4* The only cafualty, or rather forfeiture, proper to ing. feu-holding, is the lofs or tinfel of the feu right, by the negleiff of payment of the feu duty for two 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 fentence \ 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-^try cafualties common to all holdings are non¬ entry, relief liferent, efcheat, difdamation, and purpre- Jlure. Non-entry is that cafualty which arifes In the fuperior out of the rents of the feudal fubjeft, through the heirs negledling to renew the inveftiture after his anceftor’s death. The fuperior is entitled to this cafualty, not only where the heir has not obtained himfflf infeft, but where his retour or infeftment is fet afide upon nullities. The heir, from the death of the anceltor, till he be cited by the fuperior in a pro- cefs of a general declarator of non-entry, lofes only the retoured duties of his lands, (fee next parag.) j and he forfeited thefe, though his delay fhould not argue any contempt of the fuperior, becaufe the cafualty is con¬ fidered to fall, as a condition implied in the feudal right, and not as a penalty of tranfgn ffion : but rea- fonable exeunt are now adrouted to liberate even from L&w of the retoured duties Before citation. Scotlard. 6. For uuderflanding the nature of retoured duties, ^toured it mult be known, that there was anciently a general jutic5, valuation of all the lands in Scotland, designed 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 contradt between K. R. Bruce and his fubje&s a.nno 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 III. I his 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 iiandard for the fuperior’s cafualties j wherefore, in all fervices of heirs, the inqueft came at lall to take proof likewife of the prefent value of the lands contained in the brief {quan¬ tum nunc valent), in order to fix tbefe cafualties. The firft was called the old, and the other the new, extent. olJ and Though both extents were ordained to be i’pecified in new ex- all retours made to the chancery upon brieves of in-tents" quell 5 yet by the appellation of retoured duties in a quell ion concerning cafualties, the new extent is always underllood. The old extent continued the rule for le- veying public fubfidies, till a tax was impoled by new proportions, by feveral adls made during the murpa- tion. By two a£ls of Cromwell’s parliament, held at Wellrainller in 1656, impoling taxations in Scotland, the rates laid upon the feveral counties are precifely fix¬ ed. The fubfidy granted by the a<51 of cpnvention 1667 was levied on the feveral counties, nearly in the fame proportions that were fixed by the ufurper in 1656; and the fums to which each county w as fubjedled were fubdivided among the individual landholders in that county, according to the valuations already fettled, or that ihould be fettled by the commiflioners appointed to carry that a£l into execution. The rent fixed by thefe valuations is commonly called the valued^dlwtk rent i according to which the land tax and moll ofrent* the other public burdens, have been levied iince 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 gene¬ ral declarator ; for he would have been entitled to the yearly feu duty, though the fee had been full, i. e. though there had been a vaffal infeft in the lands. The fuperior of teinds gets the fifth part of the retoured duty 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 vaffal \ and the annualrent contain¬ ed in the right is retoured to the blanch or othex duty contained in the right before declarator. 8. It is becaufe the retoured dm v is the prefumed rent, that the non-entry is governed by it. If, there¬ fore, no retour of the lands in non-entry e?n 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, the heir, in place of the re¬ toured 640 I* A vV. Part HI, Law of toured duties, is fubje-cted only to the annual payment ,Scotian . one per cenj.i 0f valuecJ rent. 9. The heir, after he is cited by the fuperior in the action of general declarator, is fubjefted to the full rents till his entry, becaufe his negleft is lefs excufablc after citation. The decree of declarator, proceeding on this aflion, entitles the fuperior to the polTeflion, and gives him right to the rents downward from the citation. As this fort of non-entry is properly penal, our law has always reftl'i&ed it to the retoured duties, if the heir had a probable excufe for not entering. In what Non-entry does not obtain in burgage holdings, entry is pot became the incorporation of inhabitants holds the due. whole incorporated fubjedts of the king; and there can be no non-entry duty in lands granted to communi¬ ties, 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 w i¬ dow’s life y and as to the tvhole of them, by the cour- tefy during the life of her huiband. But it is not ex¬ cluded by a precept of feifin granted to the heir till feifin be taken thereupon. Relief. 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 fubje&s, urilefs where it is expreffed in the charter by a fpecial claufe for doubling the feu duty at the entry of an heir j but in feu rights holden of the crown, it is due, though there fhould be no fuch claufe in the charter. The fuperior can recover this cafualty, either by a poinding of the ground, as a properly confer a new right, as declare the right formerly con- jftituted to the fuperior, by the civil death of his vaflal. Hence, all charters or heritable bonds, though granted prior to the rebellion, and all adjudications, though led upon debts contrasted before that period, are ineffec¬ tual againit the liferent efcheat, unlefs feifin be taken thereon within year and day after the granter’s rebel¬ lion . 22. Here, as in lingle efcheat, no debt contrasted after rebellion can hurt the donatory, nor any voluntary right granted after that period, though in fecurity or fatisfaftion of prior debts. Difclama- 23. Disclamation is that cafualty whereby a vaf- uon. pa] forfeits his whole feu to his fuperior, if he difowns or difclaims him, without ground, as to any part of it. Purpref- PuRPRESTURE draws likewife a forfeiture of the whole 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 leaft colour of excufe faves the vaffal. Signatures. 24. All grants from the crown, whether charters, gifts of cafualties, or others, proceed on fignatures which pafs the fignet. When the kingrelided in Scot¬ land, all fignatures were fuperferibed by him ; but, on the acceffion 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, with which all fignatures were to be afterwards fealed, that the lords of exchequer were empowered to pafs ; and thefe pow'ers 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 barters of novo- damus, muff have the king’s fign manual for their w ar¬ rant. Seals. 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 5 and now by a feal fubftituted in place thereof. Grants of church dignities, during Epifeopacy, paffed alfo by the great feal; and the commiffions to all the orincipal of¬ ficers of the crown, as juftice clerk, king’s advocate, folicitor, &c. do fo at this day. All rights which fub- A W. 647 jefts may tranfmit by fituple affigr.atxon, the king tranf- Law of mits by the privy feal : as gifts of moveables, or of Scotland,. cafualties that require no leifin. The quarter feal, v otherwife called the tejiimonilil of the great feal, is ap¬ pended to gifts of tutory, commifiions of brieves iffuing from the chancery, and letters of prefentation to lands holding of a fubjetff, proceeding upon forfeiture, baf- tardy, or vltimus harer. 26. Seals are to royal grants what fubfeription is Their ufe. to rights derived from fubjedls, and give them author: ty ; they ferve alfo as a check to gifts procured Qfub- reptione vel olreptionc') by concealing the truth, or ex- prefling a falfehood \ for, where this appears, the gift may be itopped before palling the feals, though the fig- nature fhould have been figned by the king. AH rights palling under the great or privy feal mult be regiftered in the regifters of the great or privy feal rejpc6iive) be-- fore appending the feal. SECT. VI. Of the Right ivhich the Vaffal acquires by clxvii. getting the Feu.. 1. Under the dominium utile which the vaffal acquires Dominium by the feudal right, is comprehended the property of utile. whatever is confidered as part of the lands, whether of houfts, woods, enclofures, Sec. above ground j or of coal, limeftone, minerals, &c. under ground. Mills have, by the generality of cur lawyers, been deemed a feparate tenement, and fo not carried by a charter or difpofilion, without either a fpecial claufe convey¬ ing mills, or the erection of the lands into a barony. Vet 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 erefted into a barony. If the lands difponed be aftrifted, or thirled to another mill, the purchaltr is not allowed to build a new corn mill cn his property, even though he fhould offer fecurity that it ihall not hurt the thirle j which is introduced for preventing daily temptations to fraud. 2. Proprietors are prohibited to hold dove-cots, un¬ lefs their yearly rent, lying within two miles thereof, extend to ten chalders of victual. A purthafer of lands, with a dove-cot, is not obliged to pull it down, though he Ihould 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 ; as are alfo the rights of fifli- ing, fowling, and hunting, in fa far as they are not re- ftrained by ftatute. 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; the firft univer- fally j and the other, where three halfpennies of filver can be extracted from the pound of lead, by aft 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 j 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 fiihing is likewife a right underlined to be referved by the crown, if it be not exprefsly granted : but 6i8 Law of Scotland. Res pub¬ lic#. Pertinents. Privileges of barony. Tack or leafe. L A but 40 years poffeflum thereof, where the lands are ei¬ ther erefled into a barony, or granted with the general ciauft of iifhings, eftablilhes fhe full right of the fal- mon fifhing in the vailal. A charter of lands within which any of the king’s foreifs lie, does not carry the property of fuck foreft to the vaffal. 5. All the fubjedts which were by the Roman law accounted res publicce, as rivers, highways, ports, &c. are, lince the introduction of feus, held to be inter re- ga >h, or in patrimonio principis ; and hence encroach¬ ment upon a highway is laid 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 Ihore 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 Itrength, originally built for the defence of the country, either againft foreign invafions or civil commotions ; but thefe now pafs with the lands in every charter. 6. The vaflal acquires right by his grant, not only to the lands fpecially contained in the charter, but to -thofe that have been pofleffed 40 years as pertinent thereof. But, 1. If the lands in the grant are marked out by fpecial limits, the vaflal is circumferibed by the tenor of his own right, which excludes every fubjedt without thefe limits from being pertinent of the lands. 1. A right poflefled under an exprefs infeftment is pre¬ ferable, cceteris paribus, to one poflefled only as perti¬ nent. 3. Where neither party is infeft per exprejfum, the mutual promifeuous pofleflion by both, of a fubjedt as pertinent, refolves into a commonly of the fubjedt poflefled : but if one ef the parties has exercifed all the acts of property of which the fubjedt was capable, while the pofleffion of the other was confined to pafturage only, or to catting 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 confifls, though they fliould not be fpecially enumerated (and this holds, even without eredtion into a barony, in lands that have been united under a fpecial name). Hence, likewife, the pofleflion by the vaflal 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 adtion for rent before his own court ; and from all other poffeffors and intro- mitters, by an adtion 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 leafcs to others. A tack is a contradt of location, whereby the ufe of land, or any other immoveable fubjedt, 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 againft neither party for more than one year. An obligation to grant a tack is as effedtual againfl: the granter as a formal tack. A liferenter, having a temporary pro- w. Part 111. perty in the fruits, may grant tacks to endure fur the Lav.- 0f term of his own liferent. England. 9. The tackfman’s right is limited to the fruits v—J which fpring up annually from the fubjedt fet, ei¬ ther naturally, or by his own induftry •, he is net therefore entitled to any of the growing timber a- bove ground, and far lefs to the minerals, coal, clay, &c. under ground, the ufe of which con fumes the fub- ftance. Tacks are, like other contradls, perfonal rights in their own nature ; and confequemly ineffectual againft Angular fucceffors in the lands 5 but, for the encouragement of agriculture, they were, by act 1449, declared effedtual to the 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 fta- tute, it muft mention the fpecial tack-duty payable to the proprietor, which, though fraall, if it be not elufory, fecures the tackfman j and it muft be followed by pof- feflion, which fupplies the want of a feifin. If a tack does not exprefs the term of entry, the entry w ill com¬ mence at the next term after its date, agreeable to the rule, ^uodpure debetur, preefenti die debeiur. If he does not mention the iff, i. e. the term at which it is to de¬ termine, it is good for one year only ; but, if the in¬ tention of parties to continue it for more than one year, fliould appear from any claufe in the tack, (e. g. if the tackfman fliould be bound to certain annual preftations), it is fuftained for two years as the minimum. Tacks granted to perpetuity, or with an indefinite ifti, have not the benefit of the ftatute. Tacks of houfes within borough do not fall within this adt, it being cuftomary to let thefe from year to year. 11. Tacks neceffarily \sx\'p\yA deleftusperfonce,2. choiceare by the fetter of a proper perfon for his tenant. HenceJlriLii juris* the conveyance of a tack which is not granted to afiig- nees, is ineffedtual 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, which are move- able fubjedts. A tack, therefore, granted to a Angle woman, without the liberty of afiigning, falls by her marriage j beeaufe the marriage, which is a legal con¬ veyance thereof to the hulband, cannot be annulled. This implied exclufion of aflignees, is, however, limited to voluntary, and does not extend to neceffary, affign- ments ; as an adjudication of a tack by the tackfnian’s creditor : but a tack, exprefsly excluding aflignees, cannot be carried even by adjudication. It was not a fixed point for a long time, whether a tenant could fub- fet without confent of the landlord ; but the court of feflion, in a cafe which occurred a few 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, uniefs affignees be fpecially excluded. 12. If neither the fetter nor tackfman (hall properly Tacit relo- difeover their intention to have the tack difiolved at thecaft°n* 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 poffels from year to year without written tacks. Chap. II. L A Law of In judicial tacks, however, by the court of feffion, Scotland. tacit relocation neither does nor can take place ; for i_, 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 factors. 13. In tacks of land, the fetter is commonly bound to put all the houfes and office hotifes, necelfary for the farm, in good condition at the tenant’s entry ; and the tenant mult keep them and leave them ft) at his removal. But, in tacks of houfes, the fetter mult not only deliver to the tenant the fubjeit 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, ffiould 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 \ if the damage was more moderate, he might exa£t the full rent. It is nowhere defined, what degree of flerility or devaftation makes a lolsplus qunm tolerabile ; but the general rule of the Roman law feems to be made ours. Tenants are not obliged to pay any public burdens to which they are not exprefsly bound by their tack, except mill fervices. Deftitution I5‘ ’^ac^s may evacuated during their currency, vf tacks. (i.) In the fame manner as feu rights, by the tackf- man’s running in arrear of his tack duty for two years together. This irritancy may be prevented by the tenant’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£t of federunt 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 pofiefles without a tack, mull, upon a precept figned by himfelf, warn the tenant forty days preceding the term of Whitfun- ^ day, at or immediately preceding the iffi, perfonally a in t>’ or at his dwelling houfe, to remove at that term, with his family and effefls. This precept mull be alfo exe¬ cuted on the ground of the lands, and thereafter read in the parilh church where the lands lie, after the morn¬ ing fervice, and affixed to the moll patent door thereof. Whitfunday, though it be a moveable feaft, is, in que- llions of removing, fixed to the 15th of May. In warnings from tenements within borough, it is fufficient that the tenant be warned forty days before the iffi of the tack, whether it be Whitfunday or Martinmas ; and in thefe the ceremony of chalking the door is fu- flained as warning, when proceeding upon a verbal or¬ der from the proprietor. 17. This procefs of warning was precifely neceffary for founding an aftion of removing againfl: tenants, till the aft of federunt 1756, which leaves it in the option of the proprietor, either to ufe the former method, or to bring his aftion 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 the tenant is bound, by an exprefs claufe of his Vol. XI. Part II. W. 649 Law of Scotland. tack, to remove at the iffi without warning, fuch ob¬ ligation is, by the faid aft, declared to be a fufficient warrant for letters of horning •, upon which, if the v landlord charge his tenant forty days before the faid Whitfunday, the judge is authorized to eject him with¬ in fix days after the term of removing exprefied in the tack. 18. Aftlons of removing might, even before this aft A&ions of of federunt, have been purfued without any previous removing, warning, (1.) Againft vicious poffeffors, i. e. perfons who had feisted the pofieffion by force, or who, without any legal title, had intruded into it, after the lait pof*. feflbr hajd given it up. (2.) Againit poflelfors who had a naked tolerance. (3.) Againft tenants who had run in arrear of rent, during the currency of their tacks. (4.) Againit fuch as had fold their lands, and yet con¬ tinued to poffefs after the term of the purchafer’s entry. Upon the fame ground, warning was not required, in retnovings againft poffeffors of liferented lands, after the death of the liferenter who died in the natural pof- fefiion : but if he poffeffed by tenants, thefe tenants could not be difturbed in their poffeffions till the next Whitfunday, that they might have time to look out for other farms j 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 queltion by a tenant whofe tack fiows immediately from him j but, if he is to infill 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-profits, fied, give fecurity to pay to the fetter the violent profits, if they ftiould be awarded againft him. Thefe are fa called, becaufe the law confiders the tenant’s poffeffion after the warning as violent. They are eftimated, in tenements within borough, to double the rent ; and in lands, to the higheft profits the purfuer could have made of them, by poffeffing them either by a tenant or by himfelf. 21. If the aftion of removing {hall be paffed from, EfTecVof or if the landlord {hall, after ufing warning, accept of wai'ninK rent from the tenant, for any term fubfequent to that 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 ufe.d, which is fet forth fiupra (i70> are, by the aft of federunt 1756; declared to beeffeftual againft the affignees to the tack or fubtenants. 22. The landlord has, in fecurity of h 15 tack-duty, Hypothec, 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 where¬ of they are the crop ; for which they remain affefted, though the landlord ftiould 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 actually 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 650 L A W. Part 1IL Law of to leaxre as much on the ground as to falisfy the land- , boot I an-1. ]orjv hypothec : and it was found by the court of fef- lion, that this right of the landlord is preferable even to a debt due to the crown, for which a writ of extent had been HTued. 23. The whole cattle on the ground confidered as a quantity, are hypothecated for a year’s rent, one after another fucceflively. The landlord may apply this hy¬ pothec for payment of the palt year’s rent, at any time within three months from the lalt conventional term of payment, after which it eeafes for that year. As the tenant may increafe the fubjecft of this hypothec, by purchaling oxen, Iheep, &c. fo he can imp •ir it, by fellmg part of his ftock j but if the landlord fufpefts the tenant’s management, he may, by fequelhration or poinding, make his right, which was before general up¬ on the whole Hock, (pedal upon every individual. A fuperior has aid a hypothec for his feu-duty, of the fame kind with that juft explained. 24. In tai ks of houles, breweries, drops, and other tenements, which have no natural fruits, the furniture, and other goods brought into the (ubjeft fet are hypo¬ thecated to the landlord for one year’s rent. But the tenant may by tale impair this hypothec, as he might that of cattle in rural tenements $ and indeed, in the particular cafe of a (hop, the tenant rents it for no other purpofe than as a place of fale. Sect. VII. Of the Tranfmifion of Rights, by Confirma¬ tion and Refignation. clxvlii. Tranfmif- 1 • A vafifal may tranfmit his feu either to univerfal fion of feu- fucceffors, as heirs ; er to fingular fuceeflors, i. e. thofe dal rights, who acquire by'gift, purcbafe, or other fingular tide. This laft fort of tranfmiffion is either voluntary, by dif- pofition ; or neceflary, by adjudication. 2. By the firft feudal rules, no fuperior could be compelled to receive any vaftal in the lands, other than the heir expreffed in the inveftiture j for the fuperior alone had the power of afeertaining 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. II. fuperiors are di- refted 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 vaflal’s entry, i. e. a year’s rent (a). 3. Bafe rights, i. e. difpofitions to be holden of the Law of difpontr, are tranfmiftions only of the property, the Scotland, fuperiority remaining as formerly. As this kind cf right might, before eftablifhing the regifters, have been kept quite concealed from all but the granter and re¬ ceiver, a public right was preferable to it, unlefs cloth¬ ed with poffefTion : but as this diftindftion was no long¬ er neceffary after the eftabliflnnent of the records, all infeftments are declared preferable, according to ths dates of their feveral regiftrations *, without relpeft to the former diilinction of bafe and public, or of being clothed and not clothed with poffeffion. 4. Public rights, i. e. difpofitions to be holden of the pupp- granter’s fuperior, may be perfcfted either by con fir-rights, 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 feifm upon the precept: but fuch feifin is ineffe&ual 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. By the ufual ftyle in the tranfmiffion 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 (everal public rights of the fame fub-Preference jeft are confirmed by the fuperior, their preference is in confirm governed by the dates of the confirmations, not of the niatlon‘ infeftments confirmed ; becaufe it is the confirmation which completes a public right. 6. Though a public right becomes, by the■ fupe- j7p-c(q 0f rioi-’s confirmation, valid from its -date 5 yet if any midCnnfiima- impediment intervene betwixt that period and thetion. confirmation, to hinder the two from being conjoined, e. g. if the granter of a public right (hould afterwards grant a bafe right to another, upon which feifin is ta¬ ken before the fuperior’s confirmation of the firft, the confirmation will have efFefl only from its own date ; and confequently the bale right firft completed will carry the property of the lands preferable to the public one. 7. Refignation is-that form of law, by which a vaf- Ref]o-na_ fal furrenders his feu to his fuperior ; and it is either uons. adperpetuam remanentwm, or in favorem. In refigna- tions ad remancnt^m, where the feu is refigned, to the effeft that it may remain with the fuperior, the fuperior, who before had the fuperiority, acquires, by the refig¬ nation, the property alio of the lands refigneel : and as his infeftment in the lands ftill fubfifttd, 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 was long matter of doubt how this compolition due to the fuperior upon the entry of fingular fucceftors fhould be regulated. I he matter at laft received a folemn deeifion 5 finding, That the fuperior is entitled, for the entry of lingular fucceffors, in all’ cafes where fuch entries are not taxed, to a year’s rent of the fubjetft, whe¬ ther lands or houfes, as the fame are fet, or may be fet at the time ; deducing the (eu-duty and all public bur¬ dens, and likewife all annual burdens fmpofed on the lands byconlentof the fuperior, with all reafonable annual repairs to houfes and other periffiable fubje£ts. Chap. IT. L A W. 651 Law of perior’s riglit of property revives, and Is confolidated Scotland- with the fuperiority, without the neceffity of a new in- feftment j but the inftrument of refignation muft be re¬ corded. 8. Refignations in favorem are made, not with an intention that the property refigned fhould remain with the fuperior, but that it thould be again given by him, in favour either of the refigner 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 perfected by feifin. And becaufe refignations in favorem are but incomplete per- fonal deeds, our law has made no provifion for record¬ ing them. Hence, the fivft feifin on a fecond refigna¬ tion is prefer ble to the laft ft ifin upon the firft refigna- tion ; but the fuperior, accepting a fecond refignation, whereupon a prior feifin may be taken in prejudice of the firft refignatory, is liable in damages. 9. By our former decifions, one who was veiled with a perfonal right of lands, i. e. a right not completed by feifin, effe&ually diverted himfelf by difponing 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 zjus obligatio- which may be transferred by any deed fufficiently expreffing the will of the granter. But this do&rine, at the fame time that it rendered the fecurity of the re¬ cords extremely uncertain, was not truly applicable .to fuch rights as required feifin to complete them 5 and therefore it now obtains, that the granter even of a per¬ fonal right of lands is not fo divefted by conveying the right to one perfon, but that he may effedlually make It over afterwards to another •, and the preference be¬ tween the two does not depend on the dates of the dif- pofitions, but on the priority of the feifins following up- en them. ' Sect. VIII. Of Redeemable Rights. clxir. 1. An heritable right is faid to be redeemable, when Reveriior.s it contains a right of reverfion, or return, in favour of *e£al‘ the perfon from whom the right flows. Reverfions are either legal, which arife from the law itfelf, as in adjudications, which law declares to be redeemable within a certain term after their date ; or convention¬ al, which are conftituted by the agreement of parties, as in wadfets, rights of annualrent, and rights in fe- Wadfet curity. A wadfet (from wad'or pledge) is a right, by which lands, or other heritable fubjedfts, 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 wadfet, is called the wad- fetter. 2 Wadfets, by the prefent pradlice, are commonly made out in the form of mutual contracts, in which one party fells the land, and the other grants the right of reverfion. When the right of revtrfion is thus in¬ corporated in t' e body of the wadiet, it is effedlual without regiilration ; becaufe the fingular fucctfforin the vadfet is, in that cafe, fufficiently certified of the jseverfion, though it be not regiftered, by looking into his own right, which bears it in gremio. But where the right of reverfion is granted in a feparale writing, Law of it is ineffi tlual againft: the lingular fucceiTor of the Scotland, wadfetter, unlefs it be regiftered in the regifter of fti- jins within 60 days after the date of the feifin upon the wadfet. 3. Rights of reverfion are generally ef!eemed ftritliRe verb ni* juris ; yet they go to heirs, though heirs Humid not be / rich juris* mentioned, unlefs there be fome claufe in the right, dif- covering the intention of parties, that the reverfion fhould be perfonal to the reverfiw him lei t. In like mariner, though the right ftu.ukl not exprefs a power to redeem from the wadfetter’s heir, as well as from himfelf, redemption will be competent againft the heir. All our lawyers have affirmed, that reverfions cannot be affigned, unlels they are taken to afiignees 5 but from the favour of legal diligence, they may be ad¬ judged. 4. Reverfions commonly leave the reverfer at liberty Redemp. to redeem the lands quandocunque, without reftri6liont!on* in point of time \ but a claufe is adjefled to fome re¬ verfions, that if the debt be not paid agairift a deter¬ minate day, the right of reverfion (hall be irritated, and the lands ffiall become the irredeemable property of the wadfetter. Neverthelefs the irritancy being pe¬ nal, as in wadfets, where the fum lent falls always {hort of the value of the lands, the right of redemption is by indulgence continued to the reverfer, 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 of the term, is cut out of it by prefeription. 5. If the reverfer would redeem bis lands, he muft; ufe an order of redemption againft the wadfetter : the 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 right of wadfet. In the volun¬ tary redemption of a right of wadfet holden bafe, a renunciation duly regiftered, re-eftablifties the reverfer in the full right of the lands. Where the wadfet was granted to be holden of the granter’s fuperior, the Ju- perior muft receive the reverfer, on payment of a year’s rent, if he produce a dilpofition from the wadfetter, containing procuratory of refignation. If, at executing the wadfet, the fuperior has granted letters of regrefs, i. e. an obligation again to enter the reverfer upon re-jitters of demption of the lands, he will be obliged to receive regrefs. him without payment of the year’s rent. But letters of regrefs will not have this effe£l againft lingular fuc- ceflors in the fuperiority, if they are not regiftered in the regifter of reverfions. All wadfets that remain perfonal rights, are extinguilhtd by fimple difeharges, though they ftiould not be recorded. 6. If the wadfetter either does not appear at the Redemp- time and place appointed, or refufes the redemption don money, money, the reverfer muft oonfign it under form of in¬ ftrument, in the hands of the perfon appointed in the right of reverfion ; or, it no perfon be named, in the hands of the clerk to the bills, a clerk of feffion, or any refponfible perfon. An inftrument of configna- tion, with the confignatory’s receipt of the money con- figned, completes the order of redemption, Hops the farther currency of intereft againft the reverfer, and 4 N 2 founds L A W. founds him in an a&ion declaring the order to be wants his principal fum, Wadfets proper and improper. Right of annualrent formal, and the lands to be redeemed in confequence 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 tiep of diligence, the configned fums con¬ tinue to belong to the reverfer, and the wadfetter’s in- terefl in the wadfet continues heritable till that pe¬ riod. 8. it the wadfetter choofes to have his money ra¬ ther than the lands, he mull require from the reverfer, under form of inftrument, the fums due. by the wad- fet, in terms of the right. The wadlet-fums may be heritable, notwithflanding requifidon, which may be paired from the wadfetter even after the reverter has. configned the redemption money in confequence thereof. 9. W'adfets are either proper or improper. A pro¬ per wadtet is that whereby it is agreed, that the ufe of the land fhall go for the ufe of the money 5 fo that the wadletter takes his hazard of the rents, and enjoys them without accounting, in latisfaftion, or infolutum of his intereft. 10. In an improper wadfet, the reverfer, if the rent thould fall fliort of the intereft, is taken bound to make up the deficiency j if it amounts to more, the wadletter is obliged to impute the excrefcence towards extin&ion of the capital: And, as foon as the whole fums, princi¬ pal, and intereft, are extinguifhed by the wadfetter’s poftefiion, he may be compelled to renounce, or diveft himlelf 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 fubjedled to the hazard of their deficiency, fuch contract is juftly declared ufurious : and alfo in all proper wadfets wherein any unreafonable advantage lias been taken of the debtor, the wadfetter muft (by atl 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 fubje£l him- ielf to account for the furplus rents, as in improper wadfets. 12. Infeftments of annualrent, the nature of which has 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 ccnfequently the bygone interefts due upon it are debita fundi. The annualren- ter may therefore either infift in a real action for ob¬ taining letters of poinding the ground, or fue the te¬ nant m a perfonal aftion towards the payment of his pa ft intereft : and in a com petition for thufe rente, the annualrenter’s preference will not depend on his having ufed a poinding of the ground, for his right w as com¬ pleted by the felling the power of poinding the ground, arifing from that antecedent right, is merce facultatisy and need not be exercifed, if payment can be other wife got. As it is only the intereft of the fum lent which is a burden upon the lands, the annualrenterj if he Part III. aunot recover it either by Law-of poinding or by a perfonal a&ion againft the debtor’s Scotland, tenants $ but muft demand it from the debtor himfelf, v---**' on liis perfonal obligation in the bond, either by re¬ quifition, or by a charge of letters of horning, accord¬ ing as the right is drawn. !3. Rights of annualrent, being fervitudes upon the property, and confequently confident with the right of property in the debtor, may be extinguiftied without refignation. 14. Infeftments in fecurity are another kind of re-cf deemable rights (now frequently ufed in place of rights fecurity. of annualrent), by which the receivers are infeft in the lands themfelves, and not limply in an annualrent forth of them, for fecurity of the principal fums, inte¬ reft, and penalty, contained in the rights. If an in- fcflment in fecurity be granted to a creditor, he may thereupon enter into the immediate poffeffion of the lands or annualrent for his payment. They are extin¬ guifhed as rights of annualrent. 15. 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 preferable to all adjudications, or other diligences, intervening between the date of the right and of the adjudication deduced on it j not only for the princi¬ pal fum contained in the right, but alfo for the whole part 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, fuel) ad¬ judication muft proceed on a procefs of poinding the ground. Sect. IX. Of Servitudes. cl XX- 1. Servitude is a burden affecting lands, or father Different' heritable fubjefls, whereby the proprietor is either re-kinds of ftrained from the full ufe of what is his own, or igtervitude obliged to fuffer another to do fomething upon it. Ser¬ vitudes are either natural, legal, or conventional. Na¬ ture itfelf may be faid to conftitute a fervitude upon inferior tenements, whereby they muft receive the wa¬ ter that falls from thofe that ftand on higher ground. Legal fervitudes are eftabliftied by nature or cuftom, from ijonfiderations 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 re- ftrained by pa&ion in favour of another. 2. Conventional fervitudes are conftituted, either by grant, where the will of the party burdened is expref- fed in writing : or by prefeription, where his confent is prefumed from his acquiefeence in the burden for 40 years. A fervitude conftituted by writing, or grant, is not eftedlual againft the granter’s fingular fucceffors, unlefs the grantee has been in the ufe or exercife of his right : but they are valid againft the granter 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 effeflual, in Chip. II. L Law of jn a queftion with ine fwpenor ef the tenements bur- l Scotland, dened with the fervitude, unlefs his confent be adhi- v' ™" bited j for a fuperior cannot be hurt by his vaflfai’s deed: but where the fervitude is acquired by preferip- tion, the confent of the iuperior, whole right afforded him a good title to interrupt, is implied. A fervitude by grant, though followed only by a partial pofleffion, mult be governed, as to its extent, by the tenor of the grant j but a fervitude by prefcription is limited by the meafure or degree of the ufe had by him who prefcribes: agreeable to the maxim, Tantumprcefcriptutn, quantum poJ/Wfum. _ Predial fer- 4- Servitudes are either predial ox perfonal. Pi'edial vitudes. fervitudes are burdens impofed upon one tenement, in favour of another tenement. That to which the fervi¬ tude is due is called the dominant, and that which owes it is called the ferment 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; 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 rural fervitudes, or of lands ; and urban fervitudes, or of houfes. The Rural fer- rural fervitudes of the Romans were iter, aBus, via, vitudes. aquceduttus, aqucehaujlus, and jus pafcendi pecoris. Si¬ milar fervitudes may be conftituted with us, of a foot- road, horfe-road, cart-road, dams and aquedudhs, wa¬ tering of cattle, and pafturage. The right of a high¬ way is not a fervitude conftituted in favour of a parti¬ cular tenement, but is a right common to all travellers. The care of high-wavs, bridges, and ferries, is commit¬ ted to the Iheriffs, juftices of peace, and commiffioners of fupply in each (hire. 6. Common pafturage, or the right of feeding one’s cattle upon the property of another, is fometimes con¬ ftituted by a general claufe of pafturage 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 like wife all pafturage due to them out of other lands. When a right of pa¬ fturage is given tofeveral neighbouring proprietors, on a moor or common belonging to the granter, indefinite as to the number of cattle to be paftured, 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* chief fervitudes of houfes among the Romans vitudes. were thofe of fupport, viz. tigni immittcndi, and oneris ferendi. The firft was the right of fixing in our neigh¬ bour’s wall, a joift or beam from our houfe : the fecond was that of refting the weight of one’s houfe upon his neighbour’s wall. 8. With us, where different floors or flories of the fame houfe belong to different perfons, as is frequent in the city of Edinburgh, the property of the houfe cannot be laid to be entirely divided ; the roof remains a common roof to the whole, and the area on which the houfe ftands fupports the whole ; fo that there is a communication of property, in confequence of which the proprietor of the ground floor muft, without the eonftitution 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, Scc'tland- to uphold that part of the roof which covers his own garret. 9. 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 oi f illicide ; but, if it falls within his own property, though at the fmalleft diflance from the inarch, the owner of the inferior tenement muft receive it. 10. The fervitudes altlus non tolletidi, et non ojjicien- di luminibus velprofpeclui, reftrain proprietors from raff¬ ing their houfes beyond a certain height, or from mak¬ ing any building whatfoever that may hurt the light or profpett of the dominant tenement. Thefe fervi¬ tudes cannot be conftituted by prefcription alone; for, though a proprietor ftiould have his houfe ever fo low, or fhould 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 Romans were ftrangers, viz. that of fuel or feal and feat and divot, and of thirlage. The firft is a right, by whichdivot* 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. 1 2. Thirlage is that fervitude, by which lands are Thirlagev aftricled, or thirled, to a particular mill; 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 fuchen) 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- ftridled, 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 infucken multures. 13. Thirlage may be conflituted by a landholder,, when, in the difpofition of certain lands, he aftrifts them to his own mill; or when in the difpofition of a mill, he aftrifts his own lands to the mill difponed ; 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 aftrided, conveys the thirlage of all the lands formerly aftrided to that mill, whether they were the property of the granter, or of a third party. 14. A lefs formal conftitution ferves to aftrid ba¬ rony lands to the mill of the barony, than is neceffar^ in any other thirlage ; which perhaps proceeds from the effeds of the union betwixt the two. Hence, if a baron makes over the mill of a barony, cum tnukuris, or cum afribhs multuris, it infers an altridion of the barony lands to he mill conveyed, although they had not formerly been aftrided. But if prior to the baron’s 1 conveyance 654- L A V/. Pan 111 Law of conveyance of his trull cum muhuris, he had fold any Scotland. par^ 0£ iands to another cum mu/turis, the ’* firlt purchafer’s lands are not atlnfted by the polterior grant*, for a right of lands with the multures, implies a freedom of thefe lands from thirlage. 15. Thirlage is either, I. Ot grindable corns j or, Of all growing corns : or, 3. Of the invecia et il- lata, i. e. of all the grain brought vvitnin the thirl, though of another growth. Where the thirlage is of grindable grain, it is in practice redrifted to the corns which the tenants have occafion to grind, either for the fupport of their families, or for other uf^s ^ the furplus may be carried out of the thirl unmanufaffured, with¬ out being liable in multure. Where it is ut \he grnna crefcentin, the whole grain growing upon the thirl is aftriffed, with the exceptions, 1. Of feed and horfe- corn, which are deftined to ufes inconliftent w’ith grind¬ ing ; and, 2. Of the farm duties due to the landlord, if they were delayered in grain not grinded. But, if the rent be payable in meal, flour, or malt, the grain of which thefe are made muff be manufactured in the do¬ minant mill. 16. The thirlage of inveBa et il/nta is feldom confti- tuted but againft the inhabitants of a borough or vil¬ lage, that they fhall grind all the unmanufactured grain they import thither at the dominant mill. Multure, therefore, cannot be exaCted in a thirlage of invecia et zl/ata, for flour or oatmeal brought into the fervient tenement, unlefs the importer had brought 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 fhall be afterwards brought within a borough where the invcEiaet 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 exad both. Where lands are thirled in general terms, without ex prefling the particular nature of the fervitude, the lighted; thir¬ lage is prefumed, from the favour of liberty j but in the aflriCHon of a borough or village, where there is no growing grain which can be the fubjeft of thirlage, the aflriCHon of invecia et illata muft be neceflarily un¬ der flood. 17. Thirlage, in the general cafe, cannot be efta- blifhed by prefeription alone, for Us quee funt merce fa~ Cult at is non prasfenbitur; but where one has paid for 40 years together the heavy in-fucken multures, the flighteft title in writing will fubjeCl his lands. Thir- lage may, contrary to the common rule, be conftituted by prefeription alone, 1. W7here one pays to a mill a certain fum, 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 coronce, without titles in writings and, where he derives right from another, his titles are more liable to be loft. This is extended in prac¬ tice to mill1- belonging to church lands, where thirty year« pofllfli m is deemed equivalent to a title in writ¬ ing, from a prefumption that their rights were de¬ ft royed at the Reformation. Though thirlage itfelf can¬ not be conftituted by mere pnffeflion, the proportion of multure payable to the dominant tenement may be fo fixed 18. The pofleflbrs of the land aftriCled are bound to uphold the mill, repair the dam dykes and aque- 2 duCts, and bring home the vnillftones. Thefe fervlces L w of though not exprtfled in the eonluiution, are implied. Scotland. 19. Servitudes, being reftraints upon prop rty, are . "T't 'dtT Jlrich j ris : they are not theitfuie prelumed if the.aie/// j^y aCls upon w hich they are claimed can be explained con-jl.r/r. fiftentiy with fret dom i and when fervitudes are con¬ ftituted, they ought to be uft ci in the way It-aft bur- denfome to the leivient tencmenti H nee, one who has a fervitude of peats upon his neighbour’s mofs, is not at liberty to extend it for the ufe of any manufac¬ ture which may require an extraordinary expence of fuel: but muft confine it to the natural uies of the do¬ minant temim nt. 20. Servitudes are extinguifln d, (1.) Confu(ione% when the perfon comes to be proprietor of the domi¬ nant and fervient tenements j for res faa namini jervit9 and the ufe the proprietor therefore makes of the fer¬ vient tenement is not jure frvilutis, but is an aCl of property. (2.) By the periihing either of the domi¬ nant or fervient tenement. (3.) Servitudes are loft non utendo, by the dominant tenement negleCling to ufe the right of 40 years j which is confidered as a de¬ reliction of it, though he who has the fervient tene¬ ment fliould have made no interruption by doing aCls contrary to the fervitude. 21. Pcrfonal fervitudes are thofe by which the pro¬ perty of a fubjeCl is burdened, in favour, not of a te¬ nement, but of a perfon. The only perfonal fervitude known in our law*, is ufufruCl or liferent; which is a right to ufe and enjoy a thing during life, the fubftance of it being preferved. A liferent cannot therefore be Liferent conftituted upon things which perifh in the ufe *, and though it may upon fubjeCls which gradually wear out by time, as houfehold furniture, &c. yet with us, it is generally applied to heritable fubjeCls. He whofe pro¬ perty is burdened, is ufually called the fiar. 22. Liferents are divided into conventional and /s’-Liferents, gal. Conventional liferents are either fituple, or by 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- feft lingular fucceffors ; for a liferent of lands is, in ftriCl fpeech, not a fervitude, but a right refembling property which conftitutes the literenter vaffal for lifey and fingular flicceffbrs 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 ufe of the dominant tenement makes them pub¬ lic. The proper right of liferent is intranfmiffible 5 qjjibus ufufruBuarii inlueret: When the profits of the liferented fubjt Cl 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’sy and is therefore carried by Ample aftignation, without feifin. 23. A liferent by refervation, is that which a pro¬ prietor referves to himfelf in the fame w-riting by which he conveys the fee to another. It rt quires no feifin j for the granter’s former feifin, which virtually included the liferent, frill fublifts as to the liferent which is ex- prefsly referved. In conjuncl infeftments taken tohuf- band and wife, the wife’s right of conjunCl fee relolves, in the general cafe, into a liferent. 24. Liferents, by law, are the terce and the cour- ferce. Chap. TL L Law of tefy. 'j he terce ter tin') Is a liferent competent by ^fcoi.And jaw {-0 w'l(J()WSj vvho have not accepted of fpecial pro- vifions, in the third of the heritable fubjefts in which their hufbands died infeft 5 and takes place only where the marriage has fubfilled for year and day, or where a child has been born alive of it (b). 25. The terce is nut limited to lands, but extends to teinds, and to fervitudes and other burdens affefling lands ; thus, the widow is entitled, in the right of her terce, to a liferent of the third of the fums lecured, either by rights of annualrent, or by rights in fecurity. In improper wadfets, the tevce is a third of the fum lent : In thofe that are proper, it is a third of the wad- fet lands j or, in cafe of redemption, a third of the re¬ demption 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 fubjefls for the widow’s fubfiftence •, nor tacks, becaufe they are not feudal rights. Burgage tenements are alfo exclud¬ ed from it, the reafon 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 Hill fubfifting, the fecond tercer has only right to a third of the two thirds that remain unaffec¬ ted by the firfi: terce. But upon the death of the firft widow, whereby the lands are difburdened of her terce, the leffer terce becomes enlarged, as if the firft had never exifted. .A widow, who has accepted of a fpe¬ cial provifion from her hulband, is thereby excluded from the terce, unlefs fuch provifion ftiall contain a claufe that (lie lhall have right to both. 27. The widow has no title of poffeftion, and fo can¬ not receive the rents in virtue of her terce, till Hie be ferved to it ; and in order to this ftie muft obtain a brief out of the chancery, direCed to the fheriff, who calls an inqueft, to take proof that the was wife to the deceafed, and that her hufband died infeft in the fub- je<51s contained in the brief. The fervice or fentenee of the jury, finding thefe points proved, does, without the neceflity of a retour to the chancery, entitle the wife to enter into the poffeffion •, but fhe 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 ftienff 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 eonftituted by this fervice ; it was conftituted before by the hufband’s feifin, and fixed by his death 3 3^ Law of> Scotland. W«—■ .r-iMrW A W. 6,- the fervice only declares it, and fo entitles her to the third part of the rents retro to her hufband’s death, preferable to any rights that may have affected the lands in the intermediate period between that and her own fervice. The relief, if fhe was reputed to be law¬ ful wife to the deceafed, muft be ferved, notwithftand- ing any objefftions by the heir againft the marriage, which may be afterwards tried by the commiffary. 28. Courtefy is a liferent given by law, to the fur- Courtefy. viving hufband, of all his wife’s heritage in which fhe died infeft, if there was a child of the marriage born alive. A marriage, though of the longeft continuance, gives no right to the courtefy, if there was no iflue of it. The child born of the marriage muft be the mo¬ ther’s heir : If fhe 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 3 fo that the courtefy is due to the hufband, rather as father to an heir, than as hufband to an heirefs. Heritage is here oppofed to conqueft 3 and fo is to be underftood only of the heritable rights to which the wife fucceed- ed as heir to her anceftors, excluding what fhe herfelf had acquired by lingular titles. 29. Becaufe the hufband enjoys the liferent of his wife’s whole heritage, on a lucrative title, he is con- fidered as her temporary reprefentative 3 and fo is liable in payment of all the yearly burdens chargeable on the fubjeft, and of the current intereft 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 mariti, is continued with him after her death, un¬ der the name of courtefy, by an a.ift 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 courtefy, the wife’s feifin is the foundation of the hufband’s; and the two rights are, in all other refpefts, of the fame nature 3 if it is not that the courtefy extends to burgage hold¬ ings, and to fuperiorities. 30. All liferenters muft ufe their right faha rei fub- Jlantia : 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 liferented tenement. But, where a coppice or ftIva ccedna has been divided into hags, one of which was in ufe to be cut annually by the proprietor, the liferenter may continue the former yearly cuttings 3 beeaufe thefe are confidered as the annual fruits the fubjefl wras in¬ tended to yield, and fo the proper fubjeff of a liferent. 31. Liferenters are bound to keep the fubjeff life- rented in proper repair. They are alfo burdened with the alimony of the heir; where h« lias not enough for maintaining himfeif. The bare right of apparency founds (b) In the cafe referred to, when treating of the effeffs 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 3 {he did not demand her legal provifions of terce ox jus relicLc, but merely infifted, that as widow the was entitled to be alimented out of the heritable eftate of which her hufband died poffeffed : So that the decifion in that cafe can¬ not fo properly be faid to be an alteration in the law, as an equitable interpofition of the court of feffion, in their capacity as a court of equity, in order to grant a fubfiftence to the widow of a man whofe eftate was fully fufficient, and who, it could not reafonably be prefumed, would have inclined that his widow fhould be le& t deftitute, when his eftate went perhaps to a diftant feries of heirs. 656 Lnw of Scotland. clxxi. Teinds. L A W. founds the action againft the liferenter. It Is a burden perfonal to the liferenter himfelf, and cannot be thrown upon his adjudging creditors as coming in his place by their diligences. Liferenters are alio fubje&ed to the payment of the yearly ccffes, ftipends, &c. falling due during their right, and to all other burdens that attend the fubjeft liferented. 3 2. Liferent is extinguiihed 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 •, the reit, 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 ; and if he furvives the term of Martinmas, they have right to the whole. If the liferenter, being in the natural poffeffion, and having firft fowed the ground, fhould die, even before Whitfunday, his execu¬ tors are entitled to the whole crop, in refpedl that both feed and indultry 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 5 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* 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 funftions proper to their feveral offices. Moft of the canoniils 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 i though it is certain that tithes, in their infancy, were given, not to the clergy alone, but to lay-monks who were called pauperesy 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 ferve tire 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 fhare of the benefice for their incumbency *, from whence arofe the diftinclion M benefices into parfonages and vicarages. 3. Parfonage teinds are the teinds of corn*, and they are fo called becaufe they are due to the parfon or other titular of the benefice. Vicarage teinds are the imall teinds of calves, lint, hemp, eggs, &c. which were commonly given by the titular to the vicar who Part IIL ferved the cure in his place. The firft fort was univer- 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 Chriftendem, 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, er of things produced from animals, as lambs, wool, calves, are due though not accuftomed to be paid j but roots, herbs, See. 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 years pofleflton. 4. The parfon who was entitled to the teind of corns, made his right effectual, either by accepting of a cer¬ tain number of teind bolls yearly from the proprietor in fatisfadftion of it j or, more frequently, by drawing or feparating upon the field his own tenth part of the corns, after they were reaped, from the flock or the remain¬ ing nine-tenths of the crop, and carrying it off to his own granaries j which is called drawn teind. 5. After the Reformation, James VI. confidered him- Annexatiois felf as proprietor of all the church lands ; partly be-church caufe the purpofes for which they had been granted ‘anc*s t0 t^e were declared fuperftitious ; 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 erefted or fecularized feveral abbacies and priories into temporal lordlhips ; the grantees of which were called fometimes lords of ercElion, and fometimes titulars, as having by their grants the fame title to the ere6led benefices that the monafteries had formerly. 6. As the crown’s revenue fuffered greatly by thefe erections, 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 eftablilhed before the Reformation in laymen, whofe rights the legiflature had no intention to weaken. Notwithftanding this ftatute his majefty continued to make farther ereftions, which were de¬ clared null by 1592, c. 119. with an exception of fuch as had been made in favour of lords of parliament fince the general a£t of annexation in 1587. 7. King Charles I. foon after his fucceflion, raifed a reduftion of all thefe ere&ions, whether granted before or after the a£t 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 feverstl fubmiflions or compromi- fes ; in which the parties on one fide were the titu¬ lars and their tacklmen, the bilhops with the inferior clergy, and the royal boroughs, for the ititereft they had in the teinds that were gifted for the provifion of minifters, fchool, or hofpitals within their boroughs 5 and, en the other part, the proprietors who wanted to have the leading of their own teinds. The fubmiflion by the titulars contained a furrender into his majefty’s hands of the fuperiorities of their feveral erections. 8. Upon each of thefe fubmiflions his majefty pro-Valuation nounced feveral decrees arbitral, dated Sept. 2. 16 29, of teinds. which are fubjoined to the a£ts of parliament of his reign. He Chap. II. L A W. 657 Law of *'He made it lawful te proprietors to fue the titulars for Scotland a valuation, and if they thought fit for a fale alfo, of w~tfieir teinds, before the commitfioners named or to be named for thatpurpofe. The rate of teind, when it was poffelTed 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 filth part of the conftant yearly rent, which was accounted a rea- fonable furrogatum, in place of a tenth of the increafe. Where it was drawn by the titular, and confequently might be valued feparateiy from the flock, it was to be valued as its- extent fiiould be afcertained, upon a proof before the coramiffioners j but in this lalt valua¬ tion, the king diredted the fifth part to be deducted from the proved teind, in favour of the proprietor, which was therefore called the king's enfe. The pro¬ prietor fuing for a valuation gets the leading of his own teinds as foon as his fuit commences, providing he does not allow proteflqtion to be extradfed againft him for no*t infilling. 9. Where the proprietor infilled alfo for a fale of his teinds, the titular was obliged to fell them at nine years purehafe 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 ©f the price was to be granted accordingly by the com- milTioners. 10. There is no provifion in the decrees arbitral, for felling the teinds granted for the fullentation of mini- Ilers, univerfities, fchools, or hofpitak ; becaufe thefe were to continue, as a perpetual fund, for the mainte¬ nance of the perfens or fecieties to whom they were appropriated •, and they are exprefsly declared not fub- jedt to fale, by 1690, c. 30.—1693, c* 23* By the lad of thefe adls, it is alfo provided, that the teinds be¬ longing to bifhops, which had then fallen to the crown upon the abolilhing of Epifcopacy, Ihould not be fub- jedl to fale as long as they remained with the crown not difpofed of •, nor thofe which the proprietor, who had right both to Hock and teind, referved to himfelf in a fale or feu of the lands. But, though none of thefe teinds can be fold, they may be valued. K.in ’sri ht 1I* The king, by the decrees arbitral, declared his to the fupe-own right to the fuperiorities of eredfion which had riorities of been refigned to him by the fubmiffien, referving to the titulars the feu duties thereof, until payment by himfelf to them of xooo merks Scots for every chal- der of feu vidhial, and for each 100 merks of feu du¬ ty ; which right of redeeming the feu ditties was af¬ terwards renounced by the crown. If the church vaf- fal Humid confent to hold his lands of the titular, he cannot thereafter recur to the crown as his immediate fuperior. 12. In explaining what the conflant rent is by which the tei d mull be valued, the following rules are obferved The rent drawn by the proprietor va'u tioi (from the fale of fuijedts, that are more properly parts teinds. of the land than of the fruits, e. g. quarries, minerals, moffes, &c. is to be dedudled from the rental of the lands •, and alfo- the rent of fupernumerary houfes, over and above what is necefifary for agriculture •, and the additional rent that may be paid by the tenant, in cun fid era t ion of the proprietor’s undertaking any burde . that kw impofes on the tenant, e. g. uphold- I Vol. XI, Part II. Lnw of Scot. and. eredhon. Rules for fixing th» rent in ih i’-'ds re-, aable, ing the tenant’s houfes, becaufe none of thefe ar¬ ticles are paid properly on account of the fruits. Or¬ chards mult alfo be deducted, and mill rent, becaufe the profits of a mill arife from induftry ; and the corns manufactured there fuffer a valuation as rent payable by the tenant, and therefore ought not to be valued a ft- cond time againlt the titular as mill rent. 1 he 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 ex-pence, e. g. by draining a lake, the proprietor is allowed a reafonable abatement on that account. 13. Notwithftanding the feveral ways of mifapply- ing parochial teinds in the times of Popery, fimit few benefices remained entire in the hands of the parfonsAc* 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 fuch benefici¬ aries, upon their getting a competent fiipend modi¬ fied to them *, which teind fo redeemed, the patron is obliged to fell to the proprietor, at fix years purthafe. 14. Some teinds are more directly fubjeft to an al¬ location for the minifter’s ftipend 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 placs of drawing the teind, has let 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 fhort, the tack itfeif is burdened, or, in other words, the fur plus teind over and above the tack duty : but, in this cafe, the commiffioners 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 fails on the teinds heritably conveyed by the titular, unlefs he has warranted his grant againlt future augmentations; in which cafe, the teinds of the lands belonging in property to the titular himfelf mult be allocated in the fir It place. I Where there is fitfficiency of free teinds in a parilh, the titular may allocate any of them he Ihali think fit for the minifter’s ftipend, fince they are all his own ; unlefs there has been a previous decree of lo¬ cality : and this holds, though the ftipend Humid 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 aftion of fale of his teinds, allocated the purfuer’s full teind for the ftipend, whereby fuch aft ion became ineffeftual ; it was therefore provided, that after cita¬ tion in a fale of teinds, it lhall 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. MiniftCrs glebes are declared free from the pay-Minifters ment of teind Lands cum de imis inc/ufis are alfo ex- glebes. &e. empted from teind. But in order to exempt lands®xerr‘Pt|^ from payment of teind. it is neceffary that the pro-,i0Ul tu"1 prietor prove his right thereto, cum deatnis inclufis, as far back as the above aft of annexation 1587 17. Teinds are debita fruB'/um, not fundi. The ac¬ tion therefore for bygone tcin k is only perfonal, againlt thofe who have int rmeddled, unlefs where the 4 O titula-r 4 ^58 L A W. Pan Ilf is infcft in the lands, in fecurity of the valued '-'t' •l!l *, teind duty. Where a tenant is, by his tack., bound to pay a joint duty to the landlord for ftock and teind, without diftinguithing 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. Inhibition 18. In tacks of teinds, as of lands, there is place sf teinds. for tacit relocation : to flop the effect of which, the titular muft obtain and execute an inhibition of teinds againft the tackfman j which differs much 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, againft any other poffeffor of the teinds ; and if the tackfman or poffeffor ffiall intermeddle after the inhibition is ex¬ ecuted, he is liable in a fpuilzie. 19. Lands and teinds pafs by different titles : a dif- pofition of lands, therefore, though granted by one w ho has alfo right to the teind, will not carry the teind, unlefs it fhall appear from fpecial circumftances that a fale of both was defigned by the parties. In lands decvnis inclufis, where the teinds are confolidated with the ftock, the right of both muft neceffarily go together in all cafes. Sect. XI. Of Inhibitions, dxxii. T* The conftitution and tranfmiflion 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 Diligences, diligence. Diligences are certain forms of law, where¬ by a creditor endeavours to make good his payment, either by affe&ing the perfon of his debtor, or by fe- curing the fubjefts belonging to him from alienation, or by carrying the property of thefe fubje&s to him- felf. They are either real or perfonal. Real diligence is that which is proper to heritable or real rights -7 perfonal, is that by which the perfon of the debtor may be fecured, or his perfonal eftate affe&ed. Of the firft fort we have two, viz, inhibition and adjudi¬ cation. Inhibition. 2. Inhibition is a perfonal prohibition, which paffes by letters under the fignet, prohibiting the party inhi¬ bited to contra# 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 againft the debtor, perfonally, or at bis dwell¬ ing houTe, as fummonfes, and thereafter publifhed and yegiftered in the fame manner with interdictions, (fee N° clxxxiii. 21.). 3. Inhibition may proceed, either upon a liquid obligation, or even on an adlion commenced by a cre¬ ditor for making good a claim not yet fuftained by the judge •, which laft is called inhibition vpon a depend¬ ing aEtion. The fummons, which conftitutes the de¬ pendence, muft be executed againft the debtor before the letters of inhibition pafs the fignet; for no fuit can be faid to depend againft one till he be cited in it as a defender : but the effe# of fuch inhibition is fufpended till decree be obtained in the aftion againft 4 the debtor j and in the fame manner, inhibitions on Law of conditional debts have no effe# till the condition be Scotland, purified. Inhibitions are not granted, without a trial 'r*W 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 recal them, ei¬ ther on the debtor’s ftunving caufe why the diligence ftiould not proceed, or even ex officio where the ground of the diligence is doubtful. 4. Though inhibitions, by their uniform ftyle, dif-Limited t© able the debtor from felling his moveable as well as heritage, his heritable eftate, their effe# has been long limited to heritage, from the interruption that fuch an em¬ bargo upon moveables muft have given to commerce j fo that debts contrafled after inhibition may be the foundation of diligence againft the debtor’s perfon and moveable eftate. An inhibition fecures the inhibitor againft 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 jurifdi#ion where the inhibition was not regiftered j for it could not have extended to tbefe though they had been made prior to the inhibition. 5. This diligence only ftrikes againft the voluntary debts or deeds of the inhibited perfon : it does not re- ftrain him from granting neceffary deeds, i. e. fuch a» he 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 wadfetter or annualrenter might, after being inhibited, have effeftually renoun¬ ced his right to the reverfer on payment, becaufe law could have compelled him to it \ but to feeure inhibi¬ tors againft the effedl of fuch alienations, it is declared by a# of federunt of the court of feflion, Feb. 19. 1680, that, after intimation of the inhibition to the reverfer, no renunciation or grant of redemption ftrall be fuftained, except upon declarator of redemption brought by him, to which the inhibitor muft be made a party. 6. An inhibition is a diligence fimply prohibitory,Is limply fo that the debt, on which it proceeds, continues per-prohibitory* 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 draws 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 againft his anceftor $ for the prohi¬ bition is perfonal, affedling only the debtor againft whom the diligence is ufed. 7. Inhibitions do not of themfelves make void the pofterior debts or deeds of the perfon inhibited ; they only afford a title to the ufer ©f the diligence to let them afide, if he finds them hurtful to him : and even where a debt is actually reduced ex capite inhihitionis, fuch reduction, 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 of arifing ^h'bitions. Chip, II. LAW. Law of ariYmg either from the ground of debt or the form of S(0t ;il 1 diligenee. 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 aflign the debt and diligence in his favour, that he may make good his payment the more effectually againft the common debtor* SECT. XII. Of Comprifings, 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 fale carried on before Appraifing. the court of feflion. Appraifing, or comprifing, was the fentence of a fheriff, or of a meffenger who was fpecially conftituted fherifi 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 conftitution, proper Tales of the debtor’s lands to any purchafer who offer¬ ed. If no purchafer could be found, the fheriff was to appraife or tax the value of the lands by an inqueft (whence came the name of appraifing), and to make over to the creditor lands to the value of the debt. A full hiftory of appraifings will be found in the begin¬ ning of Mr Erfkine’s large Inflitute under this title j it being confidered as unneceffary to enter into a deduc- 659 Law of Scotland. concern of the creditor is, that his debtor make up titles to the anceftor’s eftate, which is done by a fpecial charge: but where the deceafed was the debtor, the creditor muft firfl 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 j in doing which, the diligence to be ufed is different, according to the ftate of the titles in the anceftor’s perfon : for if the anceftor flood veiled by infeftment, the heir muft be charged to en¬ ter heir in fpecial $ but if the anceftor had but a per- fonal right to the fubje£ts (i. e. not perfected by fei- fin), which would have been carried to the heir by a general ftrvice, 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 aflual entry j and therefore an adjudication led after the inductee of the charges are elapfed, effedlually carries to the creditor the fubje&s to which the heir was charged to enter. 3. Appraifings in courfe of time underwent many Adjudiou changes in their form and effect, till at length, by actions. 1672, c. 19. adjudications were fubftituted in their place, and are carried on by way of aftion before the court of fefiion. By that ftatute, fuch part of the debtor’s lands is to be adjudged as is equivalent to the tion now no longer neceffary, as by the a 663 10. Deportation is alfo a bilateralcontrad, by which law of one who has the cuftody of a thing committed to him Scotland.^ (the depofitary) is obliged to reftore it to the depofi- Dep0flta. tor. If a reward is bargained for by the depofitary tion. for his care, it refolves into the contraCl of location. As this contraCl is gratuitous, the depofitary is only anfwerable for the confequences of grofs negleCt j but after the depofit is redemanded, he is accountable even for eafual misfortunes. He is entitled to a full indem¬ nification for the Ioffes he has fuftained by the contraCl, and to the recovery of all fums expended by him on the fubjeCl. n. An obligation arifes without formal paClion, barely by a traveller’s entering into an inn, (hip, oxcauPones\ liable, and there depofiting his goods, or putting up^a^flrx** his horfes j whereby the innkeeper, fhipmafter, or fta- bler, is accountable, not only for his own fads and thofe of his fervants (which is an obligation implied in the very exercife of thefe employments), but of the other gutfts or paffengers j and, indeed, in every cafe, unlefs where the goods have been loft damno fatali, or carried off by pirates or houfe-breakers. Not only the mailers of fhips, but their employers, are liable each of them for the fhare that he has in the fliip ; but by the pre- fent cuftom of trading nations, the goods brought into a (hip muft have been delivered to the mafter or mate, or entered into the (hip books. Carriers fall within the intendment of this law ; and praClice 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 to Sequeftra- by the parties, or authorized by the judge, is a kind of tion. depofite j but as the office of fequeftree, to whofe care the fubjeCl in difpute is committed, is not confi- dered 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 Confiona- is alfo a depofite. It may be made, either where the tion.' debt is called in queftion by the debtor, as in fuf- penfions 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 payment, and not confignation 5 or has configned only a part; or has chofen for confignatory, 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 payment, by which refufal the confignation be¬ came neceffary. It is the office of a confignatory, to keep the money in fafe cuftody till it is called for : if therefore he puts it out at intereft, he muft run the hazard of the debtor’s infolveney -y but for the fame reafon, though he (hould draw intdreft for it, he is liable in none to the configner. 13. Pledge, when oppofed to wadfet, is a contraCl, pie^ge, by which a debtor puts into the hands of his creditor a fpecial moveable fubjeCl in fecurity of the debt, to be re-delivered on payment. Where a fecurity is eftabliffi- ed by law to the creditor, upon a fubjeCl which con¬ tinues in the debtor’s poiTeffion, it has the fpecial name of an hypothec. L radefrnen and (hip carpenters have Hypothec, an hypothec on the houfe or (hip repaired, for the materials and other charges of reparation ; but not for the expence of building a new (hip. This, however, mull clxxlv. Vei*al agreement. Writinj muft not now be underflood to apply umverfally : for the court of feflion, in different eak s which lately oc¬ curred before them, and founding upon the law and praflice of England in limilar calts, have found, that no hypothec exifts for the expence of repairs done in a home port. Owners of (hips h ive an hypothec on the cargo for the freight •, heritors on the fruits or the ground ; and landlords on the invefta etMata, 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 fubjedl impignorated, without applying to the judge ordinary for a warrant to put it up to public fale or roup ; and to this application the debtor ought to be made a party. Sect. XIV. Of Obligations by Word or Writ. 1. The appellation of verbal may be applied to all obligations to the conftitution of which writing is not effential, which includes both real and confenlual con» trafts ; but as thefe are explained under feparate titles, obligations by word, in the fenfe of this rubric, mutt be reftricted, either to promifes, or to fuch verbal agree¬ ments as have no fpecial name to diftinguilh 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 promfe ; which, as it is gratuitous, does not require the acceptance of him to whom the promife is made. An offer, which mu it be diftinguifhed from a promife, implies fomething to be done by the other party 5 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. 2. Writing mu ft neceffarily intervene in all obliga¬ tions and bargains concerning heritable fubjefts, though they fhould be only temporary ; as tacks, which, when they are verbal, lail 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 j which is called locus posnitentuc. If, upon a verbal bargain of lands, part of the price {hall be paid by him who was to purchafe, the mt r- ventus rei, the aflual 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 reiile feems to be excluded. An agreement, whereby a real right is pafled from, or reftrifted, called pactum Hbtratorium, may be perfected verbally ; 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 iuch cafes, it is pars cO 'traBus, that, till writing be adhibited, both partus {hall have liberty to withdraw. In the fame manner, verbal or nuncu- pat-Vi teftaments are rejected by our law *, but verbal legacies are i'uftained, where they do nut exceed 100I. Scoi-'. 3. Anciently, when writing was little uied* deeds L A W. Tart III. were executed by the party appending his feal to them -Law of in prefence of witncfTes. Fur preventing frauds that might happen by appending ieals to falfe deeds,_ the fubfcription alfo of the granter was afterwards required, 0fwnttea and, if he could not write, that of a notary. As it obhgatioac. might be of dangerous confequences to give full force to the lubfcription of the parties by initials, which is more ealily counterf ited j our praClhe, in order to fu- ftain fuch fubicription, feems to require a proof, not only that the grantor ufed to iubfcribe in that way, but that de ft,Bo he had fubfcribed the deed in queftion j at leaft, fuch proof is required, if the inftrumentary witneflts be ftill alive. 4, As a further check, it v/as afterwards provided, that ail writings carrying any heritable right, and other deeds of importance, be fubfcribed by the principal parties, if they can fubfcribe j otherwife, by two nota¬ ries, before four witneffes fpecially defigned. The fub- fequent practice extended this requifite of the dt Agna¬ tion of the witneffes to the cafe where the parties them- felves fubfcribed. Cuftom has conftrued 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 icol. the fubfcription of one notary is fufticient, if the creditor reftrifts his claim to 100I. : But in an obligation indivifible, e. g, for the performance of a fa£t, if it be not fubfcribed in terms of the ftatute, it is void. When notaries thus atteft a deed, the atteftation or docqueft 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. K. In every deed, the name of him who writes it, with his dwelling place or other mark of diftinftion, muft be inferted. The witneffes muft both fubfcribe as witneffes, and their names and delignations be in¬ ferted in the body of the deed. And all fubferibing witneffes muft know the granter, and either fee him fubfcribe, or hear him acknowledge his fubfcription $ otherwife they are declared puniftiable as acceffary to forgery. Deeds, decrees, and other fecurities, con- fifting of more than one. Ihect, may be written by way of book, in place of the former cuftom of palling to¬ gether the feveral ftieets, and figning the joinings on the margin provided each page be figned by the granter, and marked by its number, and the telling claufe exprefs the number of pages. 6. Inllruments of feifin are valid, if fubfcribed by Solemnities one notary, before a reafonable number of witneffes y of notorial which is extended by praftice to inftruments of refig foments, nation. Two witneffes are deemed a n afonable num¬ ber to every deed that can be executed by one notary. It is not neceffary that the witmffes to a notorial in- ilrument or execution fee the notary or mt ffenger fign ; for they are called as witntftVs to the tranla6lion which is atteltcd, and not to the fubfcription of the perlon attelling. y. A new requifite has been added to certain deeds fince the Union, lor the benefit of the revenue : They mull be executed on llamped paper, or parchment, pay¬ ing a certain duty to the crown. I befe duties -mult alfo bt paid before wrote upon, under a penalty ; but thev-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 A YV. 665 Blank bonds. Privileged deeds. Law of length in Swinton’j Abridgement, voce S'am/js, to ^SeotlancL rea!jer Js referred. Certain judicial deeds, fuch as bail bonds, bonds of cautionry, in fufpenfions, &c. are exempted, and do not require ftamps, as will be feen from the feveral acts referred to by the compi¬ ler of the above abridgement of the ftatutes. 8. The granter’s name and delignation are effential, not properly as folemnities, but becaufe no writing can have eifeft without them. Bonds were, by our an¬ cient practice, frequently excecuted without filling up the creditor’s name j 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 pofleffed of thefe to fecure them for his payment, all writings taken blank in the creditor’s name are declared null, as covers to fraud j 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 effe£tual 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 afiertion, in prejudice either of his heir or his creditors, but mud be fupported by other adminicles. 2. Teftaments, if executed where men of Ikill and buli- nefs cannot be had, are valid though they fhould not be quite formal: and let the fubjeft of a teftament be ever fo valuable, one notary figning for the teftator, before two witneffes, is in-praftice fuffieient. Clergy¬ men were frequently notaries before the Reformation } and, though they were afterwards prohibited to atSl as notaries, the cafe of teftaments is excepted 5 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. Mifiive letters in re nter- catoria, commiffions, and fitted accounts in the courfe of trade, and bills of exchange, though they are not holograph, are, from the favour of commerce, fuftained without the ordinary folemnities. 10. A bill of exchange is an obligation in the form of a mandate, whereby the drawer or mandate defires him to whom 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 perlon in one country to his eorrefpondent in another j and they Jiave 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, queftions concerning them ought to be determined by the received cuftom of trad¬ ing nations, unlefs where fpecial ftatute interpofes. For this reafon, 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 j but this doftrine is not extended to inland bills payable to the drawer himfelf. 11. A bill is valid, without the defignation either of the drawer or of the perfon to whom it is made payable : It is enough, that the drawer’s fubfeription appears to be truly his j 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 XL Bills of ex¬ change. Their fo¬ lemnities and obli¬ gations. the perfon drawn on ftiould not be^ defiglied, his accept¬ 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 indovfations of bills are excepted from it, bills themselves 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 praftice, that the drawer figns before the bill be produced in judgment j though it ftiould 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 should not bear to his order ; by the fame rule that other rights are tranfmifiible by ai- fignation, though they do not bear to ajjignees. 12. The drawer, by figning his draught, becomes Obligation*, 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 j for he is prefumed to have re* ceived value from the creditor atgiving 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 draught, the bill is prefumed to be given towards payment of the debt, unlefs it exprefsly bears for value. The perfon drawn upon, if he refufes to accept, while he has the drawer’s money in his hand, is liable to him in damages. As a bill prefumes value from the credi¬ tor, indorfation prefumes value from the indorfee j who therefore, if he cannot obtain payment from the ac¬ cepter, has recuurfe againft the indorfer, unlefs the bill be indorfed in thefe words, 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 a6lion of recourfe againft him 5 and, if he was, to a ground of compenfation. Where the bill does not bear value in the hands of the perfon drawn upon, it is prefumed that he is not the drawer’s debtor, and confequently he has recourfe againft the drawer, ex mandate. 14. Bills, when indorfed, are confidered as fo many bags of money delivered to the onerous indorfee j 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 fhall prove, by the oath of the indorfee, either that the bill is indorfed to him for the indorfer’s own behoof, or that he paid not the full value for the indorfation, the indorfee is juftly confi- dered as but a name ; and therefore all exceptions, re¬ ceivable againft the original creditor, will be fuftained againft him. A protefted bill, after regiftration, cannot be tranfmitted by indorfation, but by aftignation. 15. Bills muft be negociated by the poffeffor, againft the perfon drawn upon, within a preciie time, in ordertl0n* to preferve recourfe againft the drawer. In bills pay¬ able fo many days after fight, the creditor has a dif- cretionary power of fixing the payment fomewhat fooner or later, as his oocafions fhall 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 L?w of Scotland. v-~—< 666 L A W. Part III. Law of Scotland. Days of grace. Privileges ©f bills by flatute. Inland bills. Certain bills not privileged. neither be prolonged nor (hortened by the time of ac¬ ceptance. For the fame reaion, the acceptance of bills, payable on a precife day, need not be dated: but, where a bill is drawn payable fo many days after figbt, it mull j becaufe there the term of payment depends on the date of acceptance. 16. Though bills are, in drift 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 days of grace, within any of which the creditor may proteft the bill; but if he delay protefting till the day after the laft day of grace, he lofes his recourfe. Where a bill is protefted, either from not acceptance or not payment, the diftionour muft be notified to the drawer or indorfer, within three polls at fartheft. This ftrift- nefs of negociation is confined to fuch bills as may be protefted by the poffeffor upon the third day of grace : where, 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 (hould not take a formal proteft for not payment, if, within a reafonable time, he lliall give the indorfer notice of the accepter’s refufing to pay. Not only does the pofleflbr, who ne- glefts ftrift negociation, lofe his recourfe againft the drawer, where the perfon drawn upon becomes after¬ wards bankrupt \ but though he ftiould 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 ftiould not be duly negociated, if the perfon drawn upon Avas not his debt¬ or ; for there the draAver can qualify no prejudice by the negleft of diligence, and he ought not to have drawn on one who owed him nothing. 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 Aivithin 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 ; Avhich 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 draAvn and made payable in Scotland. After acceptance, fum¬ mary diligence lies againft no other than the accepter; the drawer and indorfer muft be purfued by an ordi¬ nary aftion. 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 fufrering the bill to he protefted and returned, and the expence of diligence, muft all be recovered by an ordinary aftion ; becaufe thefe are not liquid debts, and fo muft be previoufly conftituted. 18. Bills, when drawn 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 ftipulatxon ought to be contained in a bill which deviates from the proper nature of bills : hence, a bill to which a penalty is adjefted, or Avith a claufe of in- ierefl: from the date, is null. Inland precepts drawn, not for money, the medium of trade, but for fungibles, Law of are null, as wanting Avriter’s name and witneffes. It is Scotland.^ not an agreed point whether promiffory notes, Avithout v_ writer and witneffes, unlefs holograph, are probative. 19. So flood the law of Scotland, in regard to bills and Later al- promiffory notes, previous to the ftatute 1 2 Geo. III. temtions as By that "ftatute, however, the law of Scotland hasu’^1 undergone very material alterations. They are de-J10te5( dared to have the fame privileges, and to prefcribe in fix years after the term of payment. Bank notes and poft bills are excepted from this prefcription : nor does it run during the years of the creditor’s minority. In¬ land bills and promiffory notes muft be protelied Avith- in the days of grace, to fecure recourfe ; and the difho. nour notified within 14 days after the proteft. Sum¬ mary diligence may pals not only againft the accepter, but likewii’e againft the drawer, and all the indovfees jointly and feverally ; and at the inftance of any in- dorfee, though the bill Avas not protefted in his name, upon his producing a receipt or letter from the pro¬ tefting indorfee. This aft was in force only for feven years after 15th May 1772, and to the end of the then next feflion of parliament. But as it was founu by experience that it had been of great advantage to Scot¬ land, it was made perpetual by the late aft 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 ftriftnefs, no deed, though perfefted accord-Solemnities ing to the Hav of the place where it is figned, can have of deeds effeft in another country where different folemnities_ are “n‘n a required to a deed of that fort. But this rigour is k)coun):ry> 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 effeftual everywhere ; which obtains in obligations to convey heritage. Conveyances themfelves, however, of heri¬ table fubjefts muft be perfefted according to the law of the country where the heritage lies, and from which it cannot be removed. 21. A writing, Avhile the granter keeps it under his Delivery own poAver or his doer’s, has no force ; it becomes pb-asd^epofi- ligatory, only after it is delivered to the grantee him- felf, or found in the hands of a third perfon. As to Avhich 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- pofitation may be proved by the oath of the depofitary, unlefs where they are reduced into Avriting. A deed appearing in the cuftody of the grantee himfelf is con- fidered as his abfolute right ; infomuch that the gran¬ ter is not alloAved to prove that it was granted in truft, otherwife than by a written declaration figned by the truftee, or by his oath. 22. The following deeds are effeftual without deli-What deeds very, (i.) Writings containing a claufe difpenlingeff^al _ with the delivery; thefe are of the nature of revocable deeds, where the death of the granter is equivalent to delivery, Chap. II. L A W. 667 Law of delivery, becaufe after deatli there can be no revocation. Scotland. ^2.) Deeds in favour of children, even natural ones j L" v for parents are the proper cuftodiars or keepers of their children’s writings. From a limilar reafon, poftnuptial fettlements by the hufband to the wife need no delivery. (3.) Rights which are not to take effect till the granter’s death, or even where he referves an interelt to himfelf during his life ; for it is prefumed he holds thecuilody 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- tra&ors. Laftly, The publication of a writing by re- giftration is equivalent to delivery. SECT. XV. Of Obligations and ContraBs Ori/ing from Confent, and of accefforrj Obligations. cl XXV. Confcnfual i. Contracts confenfual (7. e. which might, by the Ro- eontra&s. man jaWj perfected by the foie confent, without the intervention either of things or of writing), are file, permutation, location, fociety, and mandate. Where the fubjeft of any of thefe contracts is heritable, writing is neceflary. Sale. 2. Sale is a contraft, by which one becomes obliged to give fomething to another, in confideration of a cer¬ tain price in current money to be paid for it. Things confifting merely in hope, may be the fubjecl of this contract, as the draught of a net. Commodities, where their importation or ufe is abfolutely prohibited, can¬ not be the fubjeft of fale 5 and even in run goods, no adlion lies againll 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 judges been to put a Hop to the pra&ice of fmuggling, that in different cafes which have occurred of action being brought at the dillance of a foreign merchant againlt perfons refident in Scotland for payment of goods which had been fmuggled, a diftimflion 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 lawr of the country, and that he was in a manner verfans in re illicita ; and therefore action has been denied for recovery of the price of fuch goods : but where, on the other hand, the foreign merchant was not a native of Scotland, nowife amenable to, and even prefumed ig¬ norant of its laws, he has with jultice been allowed ac¬ tion for the price of fuch goods, unlefs it were fliown that he had in fa£t been particeps crimims, by aiding the frnuggle. The fame principle has regulated the decilions in the courts of England in cafes of a limilar nature, which have within thefe few years come before them. 3. Though this contradl may be perfected 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 Ihould perilh through bis fault, or after his undue delay to deliver it. (2.) If a fubjeft is fold as a fungible, and not as an individual, or corpus^ e. g. a quantity of farm-wheat, fold without diftinguifhing the Law of parcel to be delivered from the reft of the farm. Scotiand' (3.) The periculum lies on the vender till delivery, if 'r~ he be obliged by a fpecial article in the contrail to de¬ liver the lubjedt at a certain place. 4. Location is that contract where a hire is ftipu- Location, lated for the ufe of things, or for the fervice of perfons. He who lets his work or the ufe of his property to hire, is the locator or leffor j and the other, the con- dudtor or leflee. In the location of things, the leffor is obliged to deliver the fubjeft, fitted to the ufe it was let for j and the leflee muft preferve it carefully, put it to no other ufe, and, after that is over, reftore it. Where a workman or artificer lets his labour, and if the work is either not performed according to contrail, or if it be infufficient, even from mere unfkilfulnefs, 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 (hould be difabled for a part of his time : but if he die before the term, his wages are only due for the time he actually 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 wdio without ground deferts his fervice, forfeits his wages and maintenance, and is liable to his mafter in damages. 5. Society or copartnerfoip is a contrail, w hereby the Society, feveral partners agree concerning the communication of lofs and gain arifing from the fubjeft of the con¬ trail. 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 fame fubje6t. A copartnerfliip may be fo conftituted, that one of the partners (hall, either from his foie right of property in the (ubjeift, or from his fuperior fkill, be entitled to a certain thare of the profits, without being fubjeiled to any part of the lofs j but a fociety, where one partner is to bear a certain proportion of lofs, with¬ out being entitled to any fhare of the profits, called by the Romans focietas Iconina, is juftly reprobated. All the partners are entitled to ftiares of profit and lofs pro¬ portioned to their feveral flocks where it is not other- wife 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 {hare to another. All the partners are bound in folidum by the obligation of any one of them, if he fubferibe by the firf or focial name of the company ; unlefs it be a deed that falls not under the common courfe of adminiftration. The company effe£ls are the common property of the fociety fubje£led to its debts j fo that no partner can claim a divifion thereof, even af¬ ter the fociety is diflblved, till they are paid j 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 {hare 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 exhauft- ed by the company debts. 7. Society being founded in the mutual confidence 4 P 2 among 668 L i Law of among tlie fociiy is diffolved, not only by the renuncia- ^Scotland. jjonj but. by t}ie death of any one of them, if it be not otherwife fpecially covenanted, A partner who te- nounces upon unfair views, or at a critical time, when his withdrawing may be fatal to the fociety, loofes his partners from ail their engagements to him, while he is bound to them for all the profits he {hall make by his withdrawing, and for the lofs arifing thereby to the company. Not only natural, but civil death, e. g. arifing from a fentence infli&ing capital punifiiment, makes one incapable to perform the duties of a part¬ ner, and confequently diffolves the fociety. In both cafes of death and renunciation, the remaining part¬ ners may continue the copartnerlhip, either exprefsly, by entering into a new contraft j 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 law, or at this day obtain in private focieties. The proprietors or partners in thefe, though they may tranf- fer their {hares, cannot renounce 5 nor does their death diiTolve the company, but the {hare of the deceafed de- fcends to his reprefentative. A joint 8. A joint trade is not a copartnerfhip, but a mo- trade. mentary contraft, where two 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 finiihed. If, in a joint trade, that part¬ ner who is intruded with the money for purchafing the goods, fliould, in place of paying them in cafti, buy them upon credit, the furnifiier who followed his faith alone in the lale, has no recourfe againft 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 h!s creditors, upon the common flock, as long as it continues undivided, for their relief of all the engagements entered into by them on ac¬ count of the adventure. Mandate. 9- Mandate is a contraft, by which one employs another to manage any bufinefs for him $ and by the Roman lawq it muft have been gratuitous. It may be conftituted tacitly, by one’s fuffering another to aft in a } certain branch of his affairs, for a traft 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 commiflion, he muff, if he undertakes it, ftriftly adhere to the direftions given him : Nor is it a good defence, that the method he fol¬ lowed was more rational ; for in that his employer was the proper judge. Where no fptcial rules are prefcri- bed, the mandatory, if he afts prudently, is fecure, whatever the fuccefs may be j and he can fue for the recovery of all the expences reafonably dilburfed by him in the execution of his office. 10. Mandate may be general, containing a power of adminiftering the mandant’s whole affairs; but no mandate implies a power of difpofing gratuitouily of the conftituent’s property, nor even of felling his heri¬ tage for an adequate price ; but a general mandatory^ may fell fuch of the moveables as muft otherw'ife periffi. No mandatory can, without fpecial powers, trar.faft doubtful claims belonging to his conftituentj or refer them to arbiters, l ^ W. Part III. 11. Mandates expire, (1.) By the revocation of the Law of employer, though only tacit, as if he ftiould name an- Scotland, other mandatory for the fame bufinefs. (2.) By the renunciation of the mandatory ; even after he has exe¬ cuted a part, of his commiffion, 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, notwithftanding fuch revocation, renunciation, or death. Procuratories of refignation and precepts of feifin are made out in the form of mandates ; but, becaufe they are granted for the foie benefit of the man¬ datory, all of them, excepting precepts of c/W conjlat, are declared (by aft 1693) to continue after the death either of the granter or grantee. Deeds which con¬ tain a claufe or mandate for regiftration, are for the fame reafon made regiftrable after the death of either (by aft 1693 and 1696). 12. The favour of commerce has introduced a tacit mandate, by which mafters of {hips are empowered to contraft in name of their exercitors or employers, for repairs, ffiip-provifions, and whatever elfe may be neceffary for the {hip or crew ; fo as to oblige not them- felves only, but their employers. Whoever has the ac¬ tual charge of the ffiip is deemed the mafter, though he ffiould have no commiffion from the exercltors, or ffiould be fubftituted by the mafter in the direftion of the {hip without their knowledge. Exercitors are liable, whether the mafter has paid his own money to a merchant for neceffaries, or has borrowed money to purehafe them. The furniffier or lender muft prove that the {hip needed repairs, provifion, &c. to fuch an extent; but he is under no neceffity to prove the ap¬ plication of the money or materials to the {hip’s ule. 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 negocia- tion is bound by the contrafts of the inftitors whom he fets over it, in fo far as relates to the fubjeft of theprce- pojitura. 13. Contrafts and obligations, in themfelves i^per-jjomoj0„a. feft, receive ftrength by the contraftor or his heirs do-tion. ing any aft thereafter which imports an approbation of them, and confequently fupplies the want of an origi¬ nal legal confent. This is called homologation ; and it takes place even in deeds intrinfically null, whether the nullity arifes from the w:ant of flatutory folemnities or from the incapacity of the granter. It cannot be inferred, (].) By the aft of a perfon who 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 caufe; for an inten¬ tion to come under an obligation is not prefumed. 14. ^ucJi-contrciBs are formed without explicit con-Qiiaf,.cen- fent, by one of the parties doing fomething which by itstrads. 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, negotiorutn gejlio, in- debiti fo/utio, communion of goods betw een two or more common proprietors, and merciutn jaBus levandce navis caufa Negofiorum gejlio forms thofe obligations which arife from the management of a perfon’s affairs, in his abfence, by another, without any mandate. As fuch manager afts without authority from the proprietor, he ought to be liable in exaft diligence, unlefs he has froni I Chip. II. L A W. Law of from friend ft ip interpofed in affair? which admitted no Scotiand. delay : and he is accountable for his intromiflions with ,r~""'J intereft. On the other part, he is entitled to the re¬ covery of his neceilary dlfburfements on the fubjeft, and to be relieved of the obligations in which he may have bound himfelf in confequence of the management. I 5. Indebiti folutio, or the payment to one of what is not due to him, if made through any miftake, either of fadf, or even of law, founds him who made the pay¬ ment in an a&ion againft the receiver for repayment (condiBio indebiti'). This adion does not lie, (1.) If the fum paid was due ex equitatey or by a natural ob¬ ligation : for the obligation to reftore is founded folely in equity. (2.) If he who made the payment knew that nothing was due : for qui confu/td dat quod non de- bebat, prcefumltur donare. Right of di- 16. Where two or more perfons become common viding com- proprietors of the fame fubjed, either by legacy, gift, mon proper OJ. without the view of copartnerfhip, an ob¬ ligation is thereby created among the proprietors to communicate the profit and lofs arifing from the fubjed, while it remains common : And the fubjed may be divided at the fuit of any having intereft. This divi- fion, where the queftion is among the common proprie¬ tors, is according to the valuation of their refpeBive 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. Lex Rhodia 17* ^'^le throwing of goods overboard, for lighten- dejadlu. ing a ^ip in a ftorm, creates an obligation, whereby the owners of the ftiip and goods faved are obliged to contribute for the relief of thofe whofe goods were thrown overboard, fo that all may bear a proportional lofs of the goods ejected for the common fafety. In this contribution, the fhip’s provifions fuffer no eftima- tion. A matter who has cut his maft, or parted with his anchor, to fave the (hip, is entitled to this relief: but if he has loft them by the ftorm, the lofs falls only on the fhip and freight. If the ej eft ion does not fave the (hip, the goods preferved from (liipwreck are not liable in contribution. Ejection may be lawfully made, if the mailer and a third part of the mariners judge that meafure neceffary, though the owner of the goods ftiould oppofe it : and the goods ejefted are to be valued at the price that goods of the fame fort which are faved (hall be afterwards fold for. Accefibry I^* ^'^ere are certain obligations which cannot fub- obUgations. ^ by themfelves, but are accejjions to, or make a part of, other obligations. Of this fort are fidejujjion, and the obligation to pay intereft. Cautionry, or fidejujfion, is that obligation by which one becomes engaged as fe- curity for another, that he thall either pay a fum, or perform a deed. Cautionry. 19. A cautioner for a fum of money may be bound, either fimply as cautioner for the principal debtor, or conjundtly and feverally for and with the principal debtor. The firft has, by our cuftoms, the benefcium ordims, or of difcuffion j by which the creditor is ob¬ liged to difcufs the proper debtor, before he can in- 659 Law of Scotland. fill for payment againft the cautioner. Where one is bound as full debtor with and for the principal, or con- junftly and feverally with him, the two obligants are "v bound equally in the fame obligation, each in folidum ; and confequently, the cautioner, though he is but an acceffory, may be fued for the wlufie, without either dif- cufling or even citing the principal debtor. Cautioners for performance of fafls by another, or for the faith¬ ful difcharge of an office (e. g. for factors, tutor?, &c.), cannot by the nature of their engagement be bound conjunftly and feverally with the principal obligant, becaufe the fadt to which the principal is bound cannot poffibly be performed by any other. In fuch engagements, therefore, the failure mull be previoully conllituted againft the proper debtor, before adtion can -be brought againft the cautioner for making up the lofs of the party fuffering. 20. The cautioner, who binds himfelf at the defire of the principal debtor, has an aSlio mandati or of re¬ lief againlt him, for recovering the principal and in¬ tereft paid by himfelf to the creditor, and for neceffary damages : -which adtion lies de jure, though the credi¬ tor fhould not affign to him on payment. As relief againlt the debtor is implied in fidejuffory obligations, the cautioner, where fuch relief is cut off, is no longer bound : hence the defence of prefeription frees the cau¬ tioner, as wrell as the principal debtor. 21. But (1.) Wrhere the cautionry is interpofed to an obligation merely natural, the relief is reltridled 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 i’o tar as the debtor had a re¬ levant defence againft the debt, in whole or in part. Relief is not competent to the cautioner, till he either pays the debt, or is diftreffed for it j except, ill, Where the debtor is exprefsly bound to deliver to the cau¬ tioner his obligation cancelled, againll a day cer¬ tain, and has failed j or, 2dly, Where the debtor is vergens ad inopiam ; in w hich cafe the cautioner may, by proper diligence, fecure the debtor’s funds for his own relief, even before payment or diftrefs. 22. A right of relief is competent de jure to the cautioner, who pays, againll his co-cautioners, unlefs where the cautioner appears to have renounced it. In confequence of this implied relief, a creditor, if he fliall grant a difcharge to any one of the cautioners, mull, in demanding the debt from the others, dedudl: 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 delire of the fame debtor, have a mutual relief againft each other ; but w here the cautioner in the firll bond figns 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 againft the firft cautioner. At fame -time, the decifions of the court of feflion are not perfectly at one upon this branch of the dodtrine of cautionry. 23. Cautionry is alfo judicial, as in a fufpenfion. It judicial is fufficient to loofe the cautioner, that when he became cautionry, bond, the fufpender had good realon to fufpend, e. g. if the charger had at that period no title, or had not then performed his part, though thefe grounds of fuf- penlion 670 -L* Law of penfion fhould be afterwards taken off. In all mari- t ^CQt'lan<^ time caufes, where the parties are frequently foreigners, the defender muft give caution judicio fijli etjudicatum folvi: fuch cautioner gets free by the death of the de¬ fender before fentence j but he continues bound, though the caufe fhould be carried from the admiral to the court of fellion. This fort of caution is only to be ex¬ acted in caufes ftrictly maritime. 24. It happens frequently, that a creditor takes two or more obligants bound to him, all as principal debtors, without fidejuffion. Where they are fo bound, for the performance of facts that are in them- felves indivifible, they are liable each for the whole or Jinguli in foHihim, But, if the obligation be for a fum of money, they are only liable prorata; unlefs, (1.) Where they are in exprefs words bound eonjunft- ly and feverally ; or, (2.) In the caie of bills or pro- miffory notes. One of feveral obligants of this fort, who pays the whole debt, or fulfils the obligation, is entitled to a proportional relief againb the reft j in fuch manner, that the lofs muft, in every cafe, fall equally upon all the folvent obligants. IntereA: of 25. Obligations for fums of money are frequently money. 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 confidtred the taking of intereft as unlawful : the law of Moles allowed it to be exacted 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 law or by paBion. It is due by law, either from the force of Jlatute, un¬ der which may be included acis of federunt, ox front the nature of the tranfaBion. Bills of exchange, and inland bills, though they ftrould 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 hears 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. Faftors named by the court of feflion are liable for intereft, by a fpecial atl of federunt 5 fee N° clxxii. 11. 27. It arifes ex lege, or from the nature of the tranfafliqn, that a purchafer in a fale is liable in irite- reft for the price of the lands bought from the term of his entry, though the price fhould be arrefted in his hands, or though the feller ftiould not be able to deliver to him a fuftieient 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 A W. Part IIL price made by a purchafer, upon the refufal of the Law of 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 omm obventione et caufa ; and is therefore liable in the intereft of it, as being truly an acceffory of the fubjeft itfelf. It is alfo from the nature of the tranfa&ion, that intereft is in certain cafes allowed to merchants or others in name of damages. 28. Intereft is due by exprefs patlion, 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 ftiould not be paid punftually as it falls due, {hall 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, thereby the intermediate intereft is accumu¬ lated into a principal fum from the term of payment. Intereft may be alfo due by implied paffion :■ Thus where the intereft upon a debt is by a letter promifed for time part, 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 padtion, and when intereft is exprefied for one terra, it is prefumed to be bargained for till payment. 29. The fubjedl matter of all obligations confifls ei-General ther cf things or of faBs. Things exempted from commerce cannot be the fubjtdf of obligation. (^eeti0n. b N° clxii. 2.). One cannot be obliged to the perform¬ ance of a fadt naturally impoflible ; nor of a fadt in itfelf immoral, for that is alfo in the judgment 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 fadt be in itfelf pof- fible, though not in the debtor’s power j in which cafe the rule obtains, locum faEh itnprafabilis fubit damnum et intereffe. 30. An obligation, to which a condition js objedt- ed, either naturally or morally impoffible, 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 heldnon fcripta, (i.) 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 {hall 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 feme degree in the power 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 contradft, 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 j 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 faffs of the donor. They are hardly revocable by our law for ingratitude, though it Ihould be of the groffeft kind: thofe betwixt man and wife are revocable by Chap. II. LA Law of the donor, even after the death of the donee j but re- Scotland. muneratory grants, not being truly donations, cannot be fo revoked. That fpecial fort of donation, which is conftituted verbally, is called a promife. The Ro¬ man law entitled all donors to the beneficium competen¬ tly, in virtue of which they might retain fuch part of the donation as was neceffary for their own lubfift- ence. Our law allows this benefit to fathers, with refpecf to the provifions granted to their children j and to grandfathers, which is a natural confequence of children’s obligation to aliment their indigent pa¬ rents ; 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 effectual in the granter’s life, they cannot compete with any of his creditors ; not even with thofe whofe debts were contracted after the donation. They are underltood 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 re¬ vocation 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 exprelfed, is prefumed to be granted in fecurity or fatisfadtion of the debt \ but bonds of provifion to children are, from the prefumption of pa¬ ternal aftedtion, conftrued to be intended as an addi¬ tional patrimony; yet a tocher, given to a daughter in her marriage contradf, is prefumed to be in fatis- fadtion of all former bonds and debts ; becaufe mar¬ riage contradfs ufually contain the whole provifions in favour of the bride. One who aliments a perfon that is come of age, without an exprefs padtion for board, is prefumed to have entertained him as a friend, unlefs in the cafe of thofe wfho earn their living by the en¬ tertainment or board of llrangers. 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 alimenting, 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 Diffohttion or Extinction of Obli¬ gations. Extinction I* Obligations may be difiblved by performance, or of obliga- implement, confent, compenfation, novation, and confufon. tions as, (1.) By fpecifcal performance : thus, an obligation for perform- a fum Gf money is extinguilhed by payment. The creditor is not obliged to accept of payment by parts, unlefs where the fum is payable by different divifions. If a debtor in two or more feparate bonds to the fame creditor, made an indefinite payment, without afcrib- ing it at the time to any one of the obligations, the payment is applied, iff. To intereft, or to fums not bearing intereft. idly, 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 wfill be applied .fo as to fave the debtor from that forfeiture. Where one of the debts is fecured by a cautioner, the other not, the appli- 3 w. 671 cation is to be fo made, cttcris paribus, that both creditor and cautioner may have equal juftice done to them. Law of Scotland. 2. Payment made by the debtor upon a miftake in fa£t, to one whom he believed, upon probable grounds, to have the right of receiving payment, extinguithes the obligation. But payment made to one, to w'hom the law denies the power of receiving it, has not this effeit ; as if a debtor, feized by letters of caption, fhould make payment to the meffenger ; for ignorantia juris nemmem excufat. In all debts, the debtor, it he be not interpelled, may fafely pay before the term, ex¬ cept in tack duties or feu duties ; the payment where¬ of, before the terms at which they are made payable, as conftrued to be collufive, in a queftion with a cre¬ ditor of the landlord or fuperior. Payment is in dubio prefumed, by the voucher of the debt being in the hands of the debtor ; chirographum, apud debitorem repertum, prafumitur folutum. 3. Obligations are extinguifhable by the confent o/’By confenti the creditor, who, without full implement, or even any implement, may renounce the right conftituted in his own favour. Though a difcharge or acquittance granted by one whom the debtor bona fide took for the creditor, but who was not, exiinguilhes the obli¬ gation, if the fatisfa&ion made by the debtor was real ; yet where it is imaginary, the difcharge will not fcreen him from paying to the true creditor the debt for which he had made no prior fatisfaftion. In all debts which are conftituted by writing, the extinc¬ tion, whether it be by fpecifical performance or bare confent, muft be proved, either by the oath of the creditor, or by a difcharge in writing ; and the fame folemnities which law requires in the obligation, are neceffary in the difcharge : but, where payment is made, not by the debtor himfelf, but by the creditor’s intromiftion with the rents of the debtor’s eftate, or by- delivery to him of goods in name of the debtor, luch delivery or intromifTion, beingmay be proved by witneffes, though the debt fhould have been not only conftituted by writing, but made real on. the debtor’s lands by adjudication., 4. A difcharge, though it fhould be general, of all that the granter can demand, extends not to debts of an uncommon kind, which are not prefumed to have been under the granter’s eye. This doftrine applies alfo to general aflignations. In annual payments, as of rents, feu-duties, intereft, &c. three confecutive dif- charges by the creditor, of the yearly or termly duties, prefume the payment of all precedings. Two difcharges by the anceftor, and the third by the heir, do not infer this prefumption, if the heir was ignorant of the ancef- tor’s difcharges. And difcharges by an adminiftrator, as a fa&or, tutor, &c. prefume only the payment of all preceding duties incurred during his adminiftra- tion. This prefumption arifes from repeating the dif¬ charges thrice fucceflively; and fo does not hold in the cafe of two difcharges, though they ftiould include the duties of three or more terms. 5. Where the fame perfon is both creditor and By compel*- debtor to another, the mutual obligations, if they arefatl011‘ for equal fums, are extinguilhed by compenfation ; if for unequal, ftill the leffer obligation is extinguifti- ed, and the greater diminiftied, as far as the con- courfe of debit and credit goes. To found compenfa- tion,, 672 L;.w of ScoU'V.d. Sy reten¬ tion. By nova- Xion. L A W. Fart III, tion, (1.) Earli of the parties muft be debtor and creditor at the fame time. (2.) Each of them muft be debtor and creditor ?n his own right. (3.) The nu’fu-d debts muft be of the fame quality : hence, a fum of money cannot be compenfated with a quantity of corns j becaufe, till tho prices are fixed, at which the corns are to be converted into money, the two debts are incommenfurable, Laftly, Compenfation cannot be admitted, where the mutual debts are not clearlv afeertained, either by a written obligation, the fentence of a judge, or the oath of the party. Where this requires but a ftiort difcuflion, fentence for the purfuer is delayed for fume time, ex cequitate, that the defender may make good his ground of compen¬ fation. Where a debt for fungibles is afeertained in money by the fentence of a judge, the compenfation can have no effeft farther back than the liquidation j becaufe, before fentence, the debts were incommen¬ furable : but, where a debt for a fum of money is, in the courfe of a fuit, conftituted by the oath of the debtor, the compenfation, after it is admitted by the judge, operates retro, 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 fuch a liquid fum was truly due before. Compenfation cannot be offered after decree, either by way of fufpenfion or reduftion j unlefs it has been formerly pleaded, and unjuftly re¬ pelled. Decrees in abfence are excepted. 6. The right of retention, which bears a near re- ferablance to eompenfation, is chiefly competent, where the mutual debts, not being liquid, cannot be the ground of compenfation; and it is fometimes admit¬ ted ex cequitate in liquid debts, where compenfation is excluded by ftatute : thus, though compenfation cannot be pleaded after decree, either againft a credi¬ tor or his aflignee j yet, if the original creditor fliould 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 dilburfed 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 fatisfaflion of the debt incurred in relation to thefe goods ; but it was found, by the court of feftion, in a cafe which was very lately before them, that goods could not be retained by a manufafturer 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 manufa&urer muft otherwife 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 factory, not only till he be paid of the diftmrfements made on occafion of fuch eftate, but alfo till he be difeharged from the feparate engagements he may have entered into on his confti- tuent’s account. 7. Obligations are diffolved by novation, whereby one obligation is changed into another, without chan- Lawot’ Scotland. ging either the debtor or cteditor. The firft obliga¬ tion being thereby extinguiftred, the cautioners in it are loofed, and all its confequences difeharged 5 fo that ^ the 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 prefu¬ med, and the new obligation is conftrued to be merely corroborative of the old j but, where the fecond obliga- Ry delega. tion exprefsly bears to be in fatisfa&ion of the firft, tlon‘ thefe words 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 extinc¬ tion is called delegation. 8. Obligations are extinguilhed confufione, where the By confu. debit and credit meet in the fame perfon, either by fuc-fion. ceflion or Angular title, e. g. when the debtor fucceeds to the creditor, or the creditor to the debtor, or a ftran- ger to both j for one cannot be debtor to himfelf. If the fueceflion, from which the confujio arifes, happens afterwards to be divided, fo as the debtor and creditor come again to be different perfons •, the confujio does not produce an extinftion, but only a temporary fuf¬ penfion, of the debt. Sect. XVII. Of Ajjignatwns. • clxxvii, 1. Heritable rights, when they are clothed with in- Affigna- feftment, are transmitted by difpofition, which is a wri-tious. ting containing procuratory of refignation and precept of feifin •, but thofe which either require no feifin, or on which feifin has not aftually followed, are tranf- miffible by Ample afjignatian. He who grants the aftignation is called the cedent; and hs who receives it, the ajjignee or ceffionary : if the aflignee conveys his right to a third perfon, the deed of conveyance is called a tranjlation ; and if he afligns it back to the cedent, a retrocejjion. Certain rights are, from the ufes to which they are deftined, incapable of tranfmifiion, as alimentary rights : others cannot be afligned by the perfon invefted in them, without Ipecial powers given to him } as tacks, reverfions: the tranlmiflion of a third fort, is not prefumed to be intended, without an exprefs conveyance j as of paraphernal goods, which are fo proper to the wife, that a general afiigna- tion, by her to her hufband, of all that did or (hould belong to her at her deceafe, does not comprehend them. A liferent right is, by its nature, incapable of a proper tranfmiflion ; but its profits may be afligned while it fubfifts. 2. Aflignations muft not only be delivered to thelntimatipn aflignee, but intimated by him to the debtor. Intima-of affigna- tions are confidered as fo neceffary for completing the*10115, conveyance, that in a competition between two 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, fication is by the affignee or his procurator •, yet the law’ admits equipollencies, where the notice of the aflignment given t;otu to the debtor is equally ftrong. Thus, a charge upon letters of horning at the aflignec’s inftance, or a fuit brought by him againft the debtor, lupplies the want of intimation j thefe being judicial a£ts, 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 effect a cor- roborating Chap. II. 673 Law of Scotland, In what cafes not necefiary. EiTe&s of assignation clxxviii. Acre fl¬ uent. roborating of the original debt. The aflignee’s poffef- fion of the right, by entering into payment of the rents or intereft, is alfo equal to an intimation *, for it im¬ ports, not only notice to the debtor, but his a£tual compliance : but the debtor’s private knowledge of the affignment is not fuftained as intimation. 4. Certain conveyances need no intimation. (1.) In- dorfations of bills of exchange j for thefe. are not to be fettered with forms, introduced by the laws of particu¬ lar dates. (2.) Bank notes are fully conveyed by the bare delivery of them ; for as they are payable to the bearer, their property mutt 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 which can of themfelves put the debtor in tna/a 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 fubjedfs, though they be inti¬ mated, if they are made retenta po[fejfione, (the cedent retaining the pofieflion), 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. 5. An aflignation carries to the affignee the whole right of the fubjett 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 affignation 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 j unlefs the matter has been made litigious by an a&ion commenced prior to the intimation : but the debtor may refer to the oath of the affignee, who is in the right of the debt, that the afiignment was gratuitous, ©r in truft for the cedent : either of which being pro¬ ved, the oath of the cedent will affedf the affignee. If the affignation be in part onerous, and in part gratui¬ tous, the cedent’s oath is good againft the affignee, only in fo far as his right is gratuitous. All defences competent againft; the original creditor in a moveable debt, which can be proved otherwife than by his oath, continue relevant againft; even an onerous affignee $ whofe right can be no better than that of his author, and muft therefore remain affe&ed with all the burdens which attended it in the author’s perfon. Sect. XVIII. Of Arrefiments and Poindings. 1. The diligences whereby a creditor may affeft his debtor’s moveable fubjefts, are arrefiment and poind¬ ing. By arrefiment is fometimes meant the fecuring of a criminal’s perfon till trial j but as it is underftood in the rubric of this title, it is the order of a judge, by which he who is debtor in a jnoveable obligation to the arrefter’s debtor, is prohibited to make payment or de¬ livery till the debt due to the arrefter be paid or fe- cured. The arrefter’s debtor is ufually called the com¬ mon debtor 5 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 ftyled the arreftee. 2. Arreftment may be laid on by the authority eithejr Vol. XI. Part II. Law of Scot.and. 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 containing letters of horn- v " ing : and it muft be executed by a mtffenger. The warrants granted by inferior judges are called precepts of arreftment, and they are executed by the officer pro¬ per to the court. Where the debtor to the common debtor is a pupil, arreftment is properly ufed in the hands of the tutor, as the pupil’s adminiftrator : this dodlrine may perhaps extend to other general admini- ftrators, as commiffioner, &c. But arreftment ufed in the hands of a fa&or or fteward, cannot found an ac¬ tion of forthcoming without calling the conftituent. Where the debtor to the common debtor is a corpora¬ tion, arreftment muft be ufed in the hands of the di- reftors or treafurer, who reprefent the whole body. Arreftment, when it is ufed in the hands of the debtor himfelf, is inept 5 for that diligence is intended only as a reftraint upon third parties. 3. All debts in which one is perfonally bound, though they fhould be heritably fecured, are grounds upon which the creditor may arreft the moveable eftate belonging t@ 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 which pending aftion arreft¬ ment may be ufed, in the fame manner as inhibition, which is called arrefiment upon a dependence. If one’s ground of credit be for the performance of a faft, or if his depending procefs be merely declaratory, without a conclufton of payment or delivery, fuch claims are not admitted to be fufficient grounds for arreft¬ ment. 4. Moveable debts are the proper fubjeft of arreft- What debts ment j under which are comprehended conditional aire‘tab^e* debts, and even depending claims. For leffening 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 ai« not arreftable. (1.) Debts due by bill, which pafs from hand to hand as bags of money. (2.) Future debis j for though inhibition extends to adquirenda as well as adquifita, 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 tbofe that have already either fallen due or at leaft become current. Cla ms, depending on the iffue of a fuit, are not confidered as future debts j for the fentence, when pronounced, has a retrofpeft to the pe¬ riod at which the claim was 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 furnifhed the ali¬ mony. One cannot fecure his own effedls to himfelf for his maintenance, fo as they (hall not be affeftable.: 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¬ fidered as alimentary funds; but the iurplus fee, over 4 Q. and 674 Law of Scotland. Effedt of breach of arreftaient. Loofing of arreftment. Forthcom¬ ing on ar¬ reftment. L A and above what is neceffary for the fervant’s perfonal ufes, may be arrefted. It has alio been found, that a wadfet fum configned after an order of redemption ufed, but before decreet of declarator, is not arreft- able. 5. If, in contempt of the arreftment, the arreftee fhall make payment of the fum, or deliver the goods arrefted, to the 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, againft a perfon furth of the kingdom, was good } fo that if the arreftee made payment to his creditor after the date of the arreft¬ ment, 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 a£l of the 23d Geo. III. which declares that an arreftment ufed at the market crofs of Edin¬ burgh, pier and ihore of Leith, in the hands of any perfon out of the kingdom, without other fufKcient no¬ tification, fhall not interpel the arreftee from paying bona fide to the original creditor. Arreftment is not merely prohibitory, as inhibitions are 5 but is a ftep of diligence which founds the ufer in a fubfequent adtion whereby the property of the fubjedl 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 againft his heir, while the fubjedl arrefted remains in medio. Far lefs is arreftment loft, either by the death of the arrefter, or of the common debtor. 6. Where arreftment proceeds on a depending ac¬ tion, it may be loofed by the common debtor’s giving fecurity to the arrefter for his debt in the event it fhall be found due. Arreftment founded on decrees, or on regiftered obligations, which in the judgment of law are decrees, cannot be loofed but upon payment or con- fignation *, except, (1.) 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 contraft, 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 fufpenfion be difeufl'ed, or the pending a£lion conclud¬ ed, it cannot be known whether any debt be truly due. A loofing takes off the nexus which had been laid on the fubjeft arrefted j fo that the arreftee may thereafter pay fafely to bis creditor, and the cautioner is fubftituted in place of the arreftment, for the arreft- er’s fecurity : yet the arrefter may, while the fubjeft continues with the arreftee, purfue him in a forthcom¬ ing, notw'khftanding the loofing. ' 7. Arreftment is only an inchoated or begun dili¬ gence ^ to perfect it, there muft be an action brought by the arrefter againft the arreftee, to make the debt or fubjeft arrefted forthcoming. In this adtion, the common debtor muft 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 fubjedl arrefted than to the extept of the debt due to him by the common debtor. Where the fub- I W. Part III. jedl arrefted is a fum of money, it is, by the decree of Law of forthcoming, diredled to be paid to the purfuer towards Scotland, fatisfying his debt j where goods are arrefted, thejudge *" "'r~w 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 fubjedt arrefted. 8. In all competitions, regard is had to the dates, Preference not of the grounds of debt, but of the diligences pro-m arreft. ceeding upon them. In the competition of arreftments,ineilt5' the preference is governed by their dates, according to the priority even of hours, where it appears with any certainty which is the hrft. But, as arreftment is but a begun diligence, therefore if a prior arrefter (hall ne- gledl to infift in an action of forthcoming for fuch a time as may be reafonably conftrued into a defertion of his begun diligence, he lofes his preference. But, as dereliction of diligence is not ealily prefumed, the di- ftance of above two years, between the firft arreitment and the decree of forthcoming, was found not to make fuch a mora 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 j on debts not yet payable, or on debts already payable j provided the pendency thall have been clofed, or the debt have become payable, be¬ fore the iffue of the competition. By aft 13d Geo. III. § 2. it is enafted, that when a debtor is made bankrupt, in terms of the aft 1696, as thereby extended (clxxxiii. 13.), all arreftments which (hall have been ufed for attaching any perfonal efft-fts of fuch bankrupt within thirty days prior to the bankruptcy, or within four kalendar months immedi¬ ately fubfequent, fhall be panpajfu preferable : and in order to fave as far as poflible the expence of a multi¬ plicity of arreftments, it is declared, that where the ef- fefts of a debtor are arrefted by any creditor within thirty days before the bankruptcy, or within four months after it, and a procefs of fortheoming or mul¬ tiplepoinding is brought in which fuch arreftment is founded on, it {hall be competent for any other credi¬ tor producing his intereft, and making his claim in the faid procefs, at any lime before the expiration of the faid four months, to be ranked in the fame manner as if he had ufed the form of arreftment j 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 enaftments of this ftatute are only temporary, and not yet a permanent part of the law of Scotland, whatever they may become when the fubjeft is refumed by the legiflature upon the expiry of the aft. 9. In the competition of arreftments with affigna- tions, an aflignation by the common debtor, intimated before arreftment, is preferable to the arreftment. If the aflignation is granted before arreftment, but not in¬ timated till after it, the arrefter is preferred. 10. PoxNDING is that diligence affefting moveable Poindingj? fubjefts, by which their property is carried direftly 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 againft vaffals for their feu-duties, and poindings againft tenants for rent, proceeding upon the landlord’s own decree j in which the / Chap. II. L A W. 675 Law of the ancient cmlom of poinding without a previous _ Scotland, charge continues. A debtor’s goods may be poinded by one creditor, though they have been arrefted before by another ; fur arretfment being but an imperfect di¬ ligence, leaves the right of the fubjeft ftill in the debt¬ or, and fo cannot hinder any creditor from ufing a more perfeft diligence, which has the effedt of carrying the property direftly to himfelf. 11. No cattle pertaining to the plough, nor inftru- 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 fhould have been earlier or later than his neighbours \ but fummer fal¬ lowing does not fall under this rule. Form I 2. In the execution of poinding, the debtor’s goods thereof. mutt 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 jurifdidHon, by the hated appraifers thereof j or, if there be none, by perfons named by the meffenger or other officer employed in the diligence. Next, the meffenger muft, 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 (hall be offered to the creditor, or in his abfence to his lawful attorney j or if, in cafe of refufal by them, confignation of the debt (hall be made in the hands of the judge ordinary or his clerk, the goods muft be left with the debtor ; if not, the mef¬ 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 difeharged 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 rents. 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 jurifdi&ions be abolifhed, is declared as fufficient as if they were car¬ ried to the head borough of the (hire. Poinding, whe¬ ther it be confidered as a fentence, or as the execution of a fentence, muft be proceeded in between fun-rifing and fun-fetting ; or at leaft it muft be finilhed before Powers of the going off of day-light.—The powers of the officer meffengers employed in the execution of poindings are not clear- in defined by cuftom, in the cafe of a third party 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 fliall appear that the claimant’s title is collufive, he ought to proceed in the diligence •, but if there remains 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 fatfi, 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 forefaid ftatute 23 Geo. III. § 4. it is de¬ clared, that after a perfon is rendered bankrupt, as thereby directed, no poinding of the moveables be- Law of longing to fuch bankrupt, within 30 days before his ScoJ.tnd, bankruptcy, or within four kalendei months thereafter, ftiall give a preference to fuch poinder over the other- lawful creditors of the bankrupt ; but the goods fo poinded ftiall be confidered as in medio, and the perfon receiving the price of them ihall be liable to make the fame forthcoming, fo as that all the other creditors of the bankrupt who are pojffeffed of liquidate grounds of debt or decrees for payment, fliall be entitled to their proportion of the fame j provided they make their claim by fummoning the poinder at any time before ' the expiration of the faid four months, deducting 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 ftiail 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 in his diligence. And it is by the faid a£t further de¬ clared, that where any perfon concerned in trade or manufaiftures 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 200I. or upwards, to apply for fequeftration of the eftate real and perfonal belonging to the debtor ; after awarding which, an interim faftor, and then a truftee, fliall be chofen by the creditors, who is to conduft the bufinefs of the fequeftration, according to the various rules fixed and laid down by the ftatute. The a£i, however, exprefsly excludes all others, except thofe concerned in trade or manufa&ures, from the benefit of the fequeftration j but it is probable, when it comes to be renewed or digefted in another form, this part of it will fuffer an alteration. SECT. XIX. Of Prefcription. clxxix. 1. Prefcription, which is a method, both of eftablifh-Prefcrip- ing and of extinguithing property, is either poJitiveVQXX' or negative. Pojitive prefcription is generally defined, as the Roman ufucapio, The acquifition of property (it fliould rather be, when applied to our law, the fecuring it againft all further challenge) by the poffiif- for’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 neglecting 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 juft ice, 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 deteding muft have made exceeding frequent, if no length of time had limited the legal effect of writ¬ ings. 2. Pofitive prefcription was firft introduced into our Fofitive. law by 1617, c. 12. which enaCts, that whoever fliall have poffeffed his lands, annual rents, or other heri¬ tages, peaceably in virtue of infeftments, for 40 years continually after their dates, (hall not thereafter be dif- quxeted in his right by any perfon pretending a better title. Under heritages are comprehended every right that is fundo annex urn, and capable of continual poffef- 4 Q. 2 fion. 676 LA W. Part III. Lawof {jon. Continued poflefTion, if proved as far back as the ^Scotland. memory 0f man? prefumes poffeffion upwards to the date of the infeftrmnt. The whole courfe of poffeflion mull by the aft be founded on feifins •, and confequent- ]y no part thereof on the bare right of apparency : but 40 years poiTeflion, without feilin, is fufficient in the prefeription of inch heritable rights as do not require' feifm. The poffeflion muff alfo be without any lawful Interruption, i. e. it mull neither be interrupted via fa£li, nor v a juris-. The prefeription of fubjefts not exnreffed 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 poffi flor produce, as his title of prefeription, a charter of the lands pre¬ ceding the 40 years poffeflion, with the feifin follow¬ ing on it : and where there is no charter extant, lei- iins, one or more, Handing together for 40 years, and proceeding either on retours or precepts of dare con- ftat. This has given rife to a reafonable diltinftion, obferved in praftice, between the prefeription of a An¬ gular fucceffor, and of an heir. Singular fucceffors muff produce for their title of prefeription, not only a feifln, but its warrant, as a charter, difpofllion, &c. either in their own perfon, or in that of their author : but 1 he produftion, by an heir, of feiflns, one or more, ftanding together for 40 years, and proceeding on re¬ tours or precepts of dare conjlat, is fufficient. The heir is not obliged to produce the retours or precepts on which his feifins proceed, nor is the Angular fuccef¬ for obliged to produce the ground of his charter : fo that if the title of prefeription 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 eftabliffiing the poA- tive prefeription in moveable rights, was not necelfary : for, Ance a title in writing is not requiAte for the ac¬ quiring of thefe, the negative prefeription, by which all right of aftion for recovering their property is cut off, effeftually fecures the poffeffor. Negative ^ The negative prefeription of obligations, by the lapfe of 40 years, was introduced into our law long before the poAtive, (1469, c. 29.—1474? c. 55.) This prefeription is now amplifled by the forefaid aft (1617), which has extended it to all aftions competent upon heritable bonds, reverAons, and others whatfoever $ unlefs where the reverAons are either incorporated in the body of the wadfet-right, or regiftered in the re- gifter of reverAons : And reverAons fo incorporate!!, or regiftered, are not only exempted from the negative prefeription, but they are an effeftual bar againft ahy perfon from pleading the poAtive. A fhorter 5- A negative prefeription is introduced by eegative ftatute, in certain rights and debts. Aftions of fpuil- preferip- zie, ejeftion, and others of that nature, muft be purfued aka. 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 prefeription, without cutting off the right of aftion, where the claim is reftrifted to Ample reftitution. Under the general words, and others of that nature, are comprehended all 3 aftions where the purfuer is admitted to prove his libel Law of by his own oath in litem. Scotland. 6. Servants fees, houfe rents, men’s ordinaries, (i. e. prefc^ ^ money due for board), and merchants accounts, fall tjon 0f fer. under the triennial prefeription, (by 1579, c. 83.). vants fees, There is alio a general claule fubjoined to this ftatute,&-c* of other the like debts, w hich 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 three years, either by the writing or oath of the debtor •, fo that they prefenbe only as to the mean of proof by witnefles : but after the three years it behoves the creditor to refer to the debtor’s oath, not only the conftitution, but the lubftlience of the debt. In the prefcription of houle rents, fer- vants fees, and alimony, each term’s rent, fee, or ali¬ mony, runs a feparate courle of prefeription j fo that in an aftion for thefe the claim will be rehrifted to the arrears incurred within the three years immediately before the citation : But, in accounts, prefeription does not begin till the laft article ; for a Angle at tide can- net be called an account. Aftions of removing muft alfo be purfued within three years after the warning. Reduftions of erroneous retours prelcribe, if not pur¬ fued within 20 years. N 7. Minifters ftipends and multures preferibe in five of mini¬ years after they are due $ and arrears of rent, five years tters fti- after the tenant’s removing from the lands. As the Penc^s» prefeription of mails and duties w-as introduced in fa¬ vour of poor tenants, that they might not fuffer by neglefting to preferve their difeharges, 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, preferibe in five years after the bargain. Under thefe are included {ales, lo¬ cations, and all other confenfual contrafts, to the con¬ ftitution of which writing is not neceffary. But all the above-mentioned debts, may, after the five years, be proved, either by the oath or the writing of the debt¬ or •, of which above, (par. 6.) A quinquennial pre¬ feription is eftabliffied in arreftjnent whether on de¬ crees or depending aftions : The firft preferibe in five years after ufing the arreftments, 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 aot cautionjy fum of money, continues bound after feven years from the date of the bond, provided he has either a claufs 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 rafh en¬ gagements, its benefit cannot, before the lapfe of the 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 j nor bonds of corroboration, nor obligations, where the condition is not purified, or the term of pay¬ ment not come within the feven years 5 becaufe no di¬ ligence Scotland. Prefer! p- tion o ho¬ lograph writings. Chap. II. L A Ldwof ligence can be ufed on thefe. The fiatute excludes all cauiiunries for the faithful difeharge of offices ; thefts not being obligations in a bond or contrail for fums of money. And pra&ice 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 againlt their tutors or curators, or vice verfa, pre- fenbe in ten years after the majority or death of the minor. 9. Holograph bonds, miffive letters, and books of account, not attefted by witneffes, preferibe in 20 years, unlefs the creditor fliall thereafter prove the verity of the fubfeription by the debtor’s oath. It is therefore fufficient to fave from the effect of this pre- feription, that the conftitution of the debt be proved by the party’s oath after the 20 years j whereas, in fti- pends, merchants accounts, &c. not only the confti¬ tution, but the fubftftence of the debt, muft be proved by writing or the debtor’s oath, after the term of pre- feription. Some lawyers extend this prefeription of ho¬ lograph writings to all obligations for fums not exceed¬ ing 1 ool. Scots, which are not attefted by witneffes j becaufe though thefe are in praftice fuftained, yet they ought not to have the fame duration with deeds attefted by witneffes. Though in the ihort preferip- tions of debts, the right of aftio'n is for ever loft, if not exercifed within the time limited : yet where adtion was brought on any of thofe debts, before the preferip¬ tion was run, it fubfifted, like any other right, for 40 years. As this defeated the purpofes of the adls efta- blilhing thefe preferiptions, all proceffcs upon warn¬ ings, fpuilzies, ejections, or arreftments, or for pay¬ ment of the debts contained in a£t 1669, c. 9. are by the faid aft joined with 1685, c. 14. declared to pre¬ feribe in five years, if not wakened within that timej fee N° clxxxiii. 26. 10. Certain obligations are loft by the lapfe of lefs than 40 years, without the aid of ftatute, where the W. 677 a right can be cither acquired or loft by it j fo that Law of Extinction of obliga- Bona fidet preicrip- tien. on the laft day of the 40th year, The politive prefeription runs a-, Scotland. tiors by ta-nature of the obligation, and the circumftances of par- citurnity. jjes it: thus, bills which are not intended for lafting fecurities, produced no aftion where the cre¬ ditor had been long filent, unlefs the fubfiftence of the debt be proved by the debtor’s oath j but the precife time was not fixed by praftice. But the duration of bills is now limited to fix years by the I 2 Geo. III. ; rendered perpetual by 23 Geo. III. Thus, alfo, a re¬ ceipt for bills granted by a writer to his employer, not infilled upon for 23 years, was found not produftive of an aftion. The preferiptions of the reftitution of mi¬ nors, of the benefit of inventory, &c. are explained in their proper places. 11. In the pofitive prefeription, as eftabliflied by the aft 1617, the continued poffeflion for 40 years, pro¬ ceeding upon a title of property not chargeable with falfehood, fecures the poffeffor againft all other grounds of challenge, and fo prefumes bona Jides, preefumptione juris et de jure. In the long negative prefeription, bona jides in the debtor is not required : the creditor’s neglefting to infill for fo long a time, is conftrued aS an abandoning of his debt, and fo is equivalent to a difeharge. Hence, though the fubfiftence of the debt ftiould be referred to the debtor’s own oath, after the 40 years he is not liable. 12. Prefeription runs de momenta in momentum : the whole time defined by law mull be completed, before interruption, made breaks its courfe. auc puunvc picu-npiiuji iuub tl-prej-i,rjp_ gainft the fovereign himfelf, even as to his annexedtion, againft property j but it is generally thought he cannot fufferwhom it by the negative : he is fecured againft the negligencerun5* of his officers in the management of his proceffes, by exprefs ftatute, 1600, c. 14. The negative, as well as the pofitive prefeription, runs againft the church, though churchmen have but a temporary interell in their benefices. But becaufe the rignts 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 prefeription ; for if by titles recovered, perhaps out of the incumbent’s own hands, it Ihall appear that he has poffcffed tithes or other lubjefts to a greater extent than he ought, his poffeflion will be rtftrifted accordingly. This right muft not be confounded with that eftablilhed in favour of churchmen, which is confined to church lands and rents, and conftitutes a proper prefeription upon a pof¬ feflion of 30 years. 13. The claufe in the aft 1617, faving minors from prefeription, is extended to the pofitive, as well as to the negative prefeription ; but the exception of mino¬ rity is not admitted in the cafe of hofpitals for chil¬ dren, wdiere there is a continual fucceffion of minors, that being a ca/us infolitus. Minors are exprefsly ex¬ cepted in feveral of the Ihort preferiptions, as 1579, c. 18. 1669, c 9. ; but where law leaves them ia the common cafe, they muft be fubjeft to the common, rules. 14. Prefeription does not run contra non valentem agere, againft one who is barred by fome legal inca¬ pacity, from purfuing ; for in fuch cafe, neither negli¬ gence 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, prefeription runs only from the time that the debt or right could be fued upon. Thus, in¬ hibition preferibes only from the publiftiing of the deed granted to the inhibiter’s prejudice ; and in the pre¬ feription of removings, the years are computed only from the term at which the defender is warned to re¬ move. Neither can prefeription run againft perfons who are already in pofftflion, and fo can gain nothing by a purfuit. Thus, where a perfon who has two ad¬ judications affefting the fame lands, is in poffeflion upon one of them, prefeription cannot run againft the other during fuch poffeflion.. 15. Certain rights are incapable of prefeription: Certain (1.) Things that law has exempted from commerce.rights inca* (2.) Res merce facultatis, e. g. a faculty to charge a,Pa^e .°l fubjeft with debts, to revoke, &c. cannot be loft. by^rJneri^,‘ prefeription $ 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 preferibe, unlefs the exception is founded on a right produftive of an aftion, e. g. compenfation y fuch right muft be infifted on within the years of prefeription. C4-). 678 Law sf Scotland Tnternip- f.ion of pre. fcxiption. L A (4.) Obligations of yearly penfions or payments, , though no demand has been made on them for 40 years, do not fuffer a total prefcription, but ftill fubfilt as to the arrears fallen due within that period 5 becaufe prefcription cannot run againft an obligation till it be payable, and each year’s penfion or payment is eonfi- dered as a feparate debt. 16. No right can be loft non utendo by one, unlefs the effeft of that prefcription be to eftablifh it in ano¬ ther. Hence the rule arifes, juri fanguinis nunquam prcefcribitur. Hence alfo, a proprietor of land cannot lofe his property by the negative prefcription, unlefs he who objects it can himfelf plead the pofitive. 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 fuffer the negative prefcription, except in favour of one who can plead the pofitive j which the vaffal 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 exempt ; and from which therefore the perfon liable cannot prefcribe 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. 17. Prefcription may be interrupted by any deed whereby the proprietor or creditor ufes his right or ground of debt. In all interruptions, notice muft be given to the poffeffor of the fubjeft, 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 proceffes for payment brought, or diligences ufed againft him upon his obli¬ gation, by horning, inhibition, arreftment, &c. muft be effeflual to interrupt prefcription. 18. Interruptions, by citation upon libelled fum- monfes, where they are not ufed by a minor, prefcribe, 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 inuft be given by meffengers ; and the fummonfes, on which fuch citations proceed, muft pafs 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 viafaBi, an inftrument muft be taken upon it, and re¬ corded in the faid regifter j otherwife it can have no effeft againft fingular fucceflors. 19. Interruption has the effeft to cut off the courfe of prefcription, fo that the perfon prefcribing can avail himfelf of no part of the former time, but muft 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- w. Part HI. deed fufpended during the years of minority, which Law of are therefore difcounted from it; but it continues to Scotland* run after majority, and the years before and after the minority may be conjoined to complete it. The fame doftrine applies to the privilege ariiing from one’s in¬ capacity to aft. 20. Diligence ufed upon a debt, againft any one of two or more co-obligants, preferves the debt itfelf, and fo interrupts prefcription againft all of them ; except in the fpecial 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 fingular titles from the benefit of the pofitive prefcription, may be doubted. III. OF SUCCESSION. Sect. XX. Of SucceJJion in Heritable Rights. clxxs. I. Singular fucceffors are tbofe who fucceed to aSuccdTors perfon yet alive, in a fpecial fubjeft by fingular titles; finSular ■ " ~ - - . 7 an(j unjvcr- but fucceflion, in its fenfe, is a method of r , ProPer > - - -fal tranfmitting rights from the dead to the living. He¬ ritable rights defcend by fucceflion to the heir proper¬ ly fo called 5 moveable rights to the executors, who are fometimes faid to be heirs in moveables. Succeffion is either by fpecial deflination, which defcends to thofe named by the proprietor himfelf; or legal, which de¬ volves upon the perfons whom the law marks out for fucceffors, from a prefumption, that the proprietor would have named them had he made a deftination. The firft is in all cafes preferred to the other, as pre¬ fumption muft yield to truth. 2. In the lucceflion of heritage, the heirs at law Order of are otherwife called heirs general, heirs whatfoever, fuc^effion or heirs of line ; and they fucceed by the right ofm enta£s’ blood, in the following order. Firft, Defcendants j 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 defcendants, grand¬ children fucceed j and in default of them, great-grand¬ children ; and fo on in infinitum ; preferring, as in the former cafe, males to females, and the eldeft male to the younger. 3. Next after defcendants, collaterals fucceed ; among Collaterals, whom the brothers of the deceafed have the firft place. But as, in no cafe, the legal fucceflion of heri¬ tage is, by the law of Scotland, divided into parts, unlefs where it defcends to females j the immediate younger brother of the deceafed excludes the reft, ac¬ cording to the rule, heritage defcends. Where the de¬ ceafed is himfelf the youngeft, the fucceflion goes to the immediate elder brother, as being the leaft: devia¬ tion from this rule. If there are no brothers german, the lifters german fucceed equally : then brothers con- fangumean, in the lame order as brothers german j and failing them, fillers confanguinean equally. Next, the father fueceeds. After him, his brothers and fillers, according to the rules already explained ; then the grandfather ; tailing him, his brothers and lifters j and fo Chap. II. L Succeffion in capita and in Jlirpe. Succeffion of heirs portioners. Law of fo upwards, as far back as propinquity can be proved. .Scotland. Xhough children fucceed to their mother, a mother No fuccef- cannot t0 her child : nor is there any fuceeffion by our lion by the law through the mother of the deceafed •, infomuch that mother. one brother uterine, i. e. by the mother only, cannot fucceed to another, even in that eftate which flowed ori¬ ginally 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 afeendants. Thus, where one leaves a younger fon, and a grandchild by his eldeil, the grandchild, though far¬ ther removed in degree from the deceafed than his uncle, excludes him, as coming in place of his father the eldelt fon. Hence arifes the diftinHion between fucceffion 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 j and fucceffion in JUrpes, where the remoter heirs draw no more among them than the fhare belonging to their afeendants or Jiirps, whom they reprefent; an example of which may be figured in the cafe of one who leaves behind him a daughter alive, and two grand daughters by a daughter deceafed. In which cafe the two grand-daughters would fucceed equally to that half which would have belong¬ ed to their mother had fhe been alive. 5. In the fucceflion of heirs portioners, indivifible rights, e. g. titles of dignity, fall to the eldeft filter. 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 heft j but the younger fifters are entitled to a recompenfe, in fo far as the divifions are unequal •, at leaft, where the fuperiorities yield a conftant yearly rent. The princi¬ pal feat of the family falls to the eldeft, with the gar¬ den and orchard belonging to it, without recompenfe to the younger lifters j but all other houfes are divided amongft them, together with the lands on which they are built, as parts and pertinents of thefe lands. A preecipuum, however, is due only in the cafe of fuccef¬ fion of heirs portioners ab inteftato ; and therefore there is no place for it where the fucceflion is taken under a deed. 6. Thofe 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 ftriH fenfe, in oppofition to the feuda nova, or feus of conqueft, which he had acquired by lingular titles, and which defeend not to his heir of line, but of conqueft. This diftinc- tion obtains only where two or more brothers or uncles, or their iifue, are next in fucceflion ; in which cafe, the immediate younger brother, as heir of line, fucceeds to the proper heritage, becaufe that defeends ; whereas the conqueft afeends to the immediate elder brother. It has no place in female fuccelfion, 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 eldeft fon, is not conqueft in the fon’s perfon, but heritage $ becaufe the fon would have fucceeded to it, though there had been no difpo- lition. The heir of conqueft fucceeds to all rights af- fe&ing land, which require feifm to perfect them. But Heir of conqneft. A W. 679 teinds go to the heir of line j becaufe they are merely Law of a burden on the fruits, not the land. Tacks do not Scotland, fall under conqueft, becaufe they are complete rights without feifin j nor perfonal bonds taken to heirs feclud- ing executors. 7. The heir of line is entitled to the fuccefi'ion, not Heirfhip- only of fubjefts .properly heritable, but to that fort ofmoveablesj moveables called heirjhip, which is the heft of certain kinds. This doftrine has been probably introduced, that the heir might not have a houfe and eftate to fuc¬ ceed to, quite difmantled by the executor. In that fort which goes by pairs or dozens, the beft pair or dozen is the heirlhip. There is no heirlhip in fungibles, or things eftimated by quantity ; as grain, hay, current money, &c. To entitle an heir to this privilege, the deeeafed muft have been either, (1.) A prelate : (2.) A baron, t. e. who flood infeft at his death in lands, though not erefted into a barony ; or even in a right of annual- rent: Or, (3.) A burgefs j not an honorary one, but a trading burgefs of a royal borough, or at leaft one entitled to enter burgefs in the right of his anceftor. Neither the heir of conqueft, nor of tailzie, has right to heirlhip moveables. 8. As to fucceflion by deftination, no proprietor can Succeffion fettle any heritable eftate, in the proper form of a tefta- by deftina- ment} not even bonds fecluding executors, though t'on* thefe are not heritable ex fua natura : But, where a teftamentis in part drawn up in the ftyle of a deed in¬ ter vivos, fuch part of it may contain a fettlement of heritage, though executors ftiould be named in the teftamentary part. The common method of fettling the fucceflion of heritage is by difpolition, contraft of marriage, or Ample procuratory of refignation : and,, though a difpofition fettling heritage fliould have nei¬ ther precept nor procuratory, it founds an aftion a- gainft the heir of line to complete his titles to the eftate ; 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. The perfon firft called in the tailzie is the inftitute j the reft, the heirs of tailzie, or the fubftitutes. , 9. Tailzies, when confidered in relation to their fe» Tailzies* veral degrees of force, are either, (1.) Simple deftina- tions. (2.) Tailzies with prohibitory claufes. (3.) Tail- * zies with prohibitory, refolutive, and irritant claufes. That is a Ample deftination, where the perfons called to the fucceflion are fubftituted one after another, with¬ out any reftraint laid on the exercife of their property. The heirs, therefore, fucceeding to fuch eftate, are ab- folute fiars, and confequently may alter the deftination at pleafure. 10. In tailzies with claufes prohibitory, e. g. declar¬ ing that it (hall not be lawful to the heirs to contraft debts or alien the lands in prejudice of the fucceflion, none of the heirs can alien gratuitoufly. But the mem¬ bers of entail may contraft 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 lias been granted for an onerous caufe, as in mutual tailzies : or, (2.) Where the maker is exprefsly difabled, as well as the inftitute or the heirs. I r. Where a tailzie is guarded with irritant and re¬ folutive claufes, the eftate entailed cannot be carried oft by~ 68o L A Law of Scotland. Their re- quilitfS. Heirs of by the debt, or deed, of any of the heirs fucceeding thereto, in prejudice of the fubftitutes. It was long doubted, whether fuch tailzies ought to be eft'e&ual, even where the fuperior’s confent was adhibited j 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 ftgtute, the entail muft be regiftered in a fpeeial regilter eftablilhed 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 lingular fucceffors. But a tailzie, even without thefe requifites, is effectual againft the heir of the granter, or againft 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 power over the en- entail.then eftate, except in fo far as he isexprefsly fettered j reftridfio-s an<^ as enta^s are an unfavourable reftraint upon pro¬ perty, and a frequent finare to trading people, they are JiriBifiimi juris; fo that no prohibition or irritancies are tube inferred by implication. By 10 George III. c. 51. heirs of entail are entitled (notwithftanding any refiriftions 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 orpofterior to the 1685. 13. An heir, who counterafts the direftions of the tailzie, by aliening any part of the eftate, charging it with debt, &c. is faid to contravene. It is not the fimple contrafting of debt that infers contravention j the lands entailed muft be aflually 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 predeceffor where there is no exprefs claufe in the en¬ tailed fettling it} and though the words of the afl 1685 (which declares, that entails executed according to the direftions of it, ftrall be effeftual 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 pofleflion (hall 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 aboliftiing wardholdings, the king may purchafe lands within Scotland, notwithftanding the ftrifteft entail} and where the lands are in the hands of minors or fatuous perfens, his majefty may purchafe them from the curators or guardians. And heirs of entail may fell to their vaf- 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 J fettled before the fale. 15. Rights, not only of land eftates, but of bonds, Rights are fometimes granted to two or more perfons in con- taken in junft fee. Where a right is fo granted to two ftran-^jun<^ 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 fhares 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 whole, in fo far as the {hare of the predecealed 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 relolves 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 underltood to ftrip the father of the fee, unlefs a contrary intention ftrall 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 theperfona 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 w ife, the heirs of both fucceed equally, according to the natural meaning of the words. 17. Heirs of provifion are thofe who fucceed to any Heirs of fubjeft, in virtue of a provifion in the inveftiture, orpnmfions other deed of fettlement. This appellation is given moft commonly to heirs of a marriage. Thefe are more fa¬ vourably regarded than heirs by fimple deftination, who have only the hope of fucceftion ; 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 the father (hould 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-EfFedts of riage contraft conceived in the ordinary form, being Pn'v'^on t0 merely rights of fucceflion, are poftponed to every one-c*“lc^ien* 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 agairft the fa¬ ther himfelf and his heirs, but is not reducible at the infiance even of his prior onerous creditors, if he was folvent at the time of granting it. A father may, not- withftanding, Provifion lo heirs. Cliap. II. L wltiiilanding a flrfi: marriage contraA, fettle a jointure on a fecond wife, or provide the children of a fecond marriage j for fuch fettiements are deemed onerous ; but where they are exorbitant, they will be reftrifted to what is rational : and in all fuch fettiements, where the provifions of the firft marriage contract are en¬ croached upon, the heirs of that marriage have recourfe againft the father, in cafe he (hould afterwards acquire a feparate eftate, which may enable him to fulfil both obligations. 19. In marriage contracts, the conqueft, or a certain part of it, is frequently provided to the iiTue ; by which is underftood whatever real addition {hall be made to the father’s eftate during the marriage by purchafe or donation. Conqueft therefore muft be free, i. e. what remains after payment of debts due by the father. As in other provifions, fo in conqueft, the father is ftill fiar, and may therefore difpofe of it for onerous or ra¬ tional caufes. Where heritable rights are provided to the heirs of a marriage, they fall to the eldeft fon, for he is the heir at law in heritage. Where a fum of money is fo provided, the word heir is applied to the fubjeft of the provifion, and fo marks out the executor, who is the heir in moveables. When an heritable right To bairns, is provided to the bairns (or iffue) of a marriage, it is divided equally among the children, if no divifion be made by the father *, for fuch deftination 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 fatrahce ; fo that the whole muft indeed go to one or other of them ; but the father has a power inherent in him, to divide it among them in fuch proportions as he thinks beft, yet fo as none of them may be entirely excluded, except in extraordinary cafes. 20. A claufe of return is that, by which a fum in a 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 afligned by him for an onerous caufe, or af¬ fected by his creditors. Heirs, 21. An heir is, in the judgment of law, eadem per- fona cum defun&o, and fo reprefents the deceafed uni- rerfally, not only in his rights, but in his debts : in the firft view, he is faid to be an heir adlive; in the fecond, pajjive. From this general rule are excepted, heirs fub- ftituted in a fpecial bond, and even fubftituted in a difpofition o?nnium bonorum, to take effect at the grant- er’s death ; for fuch fubftitutes 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 Ipecial fubjedls, are liable, not merely to the extent of the fubje£t entailed or provided, but in folidum ; becaufe fuch rights are defigned to carry a univerfal charafter, and fo infer a univerfal reprefentation of the granter. The heir of line is primarily liable for the debts of his predeceffbr ; for he is the moft proper heir, and fo muft be difcufied before any other can be purfued ; next to him the heir of conqueft, becaufe he alfo fucceeds to Yol. XI. Part II. Claufe of return. A \V. 68i the univerjitas of the whole heritable rights which his Law of predeceffur had acquired by lingular titles ; then, the Scotland . heir male, or of a marriage j for their propinquity of blood fubjefts them more dire£Hy than any other heir of tailzie, who may poflibly be a ftranger ; and who for that reafon is not liable to be difcuffed, except for fuch of the predectlfor’s debts or deeds as relate fpecially to the lands tailzied ; as to which he is liable even be¬ fore the heir of line. Heirs portioners are liable pro rata for their predecelTor’s debts j but if any of them prove infolvent, the creditors may, after difcufling her, infill for her {hare againft the reft, who will be liable in fo far as they are lucratce by the fucceflion. Where an heir, liable fubjidarie, pays the predeceflor’s debt, he has relief againft the heir who is more dire6t- ly liable, in refpeft of whom he is not co-heir, but creditor. 22. Before an heir can have an a£Hve title to his nn- ceftor’s rights, he muft be entered by fervice and re¬ tour. He who is entitled to enter heir, is, before his aflual entry, called apparent heir. The bare right of Apparent apparency carries certain privileges with it. An ap-heirs. parent heir may defend his anceftor’s titles againft any third party who brings them under challenge. Tenants 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 uplifted by the apparent heir belong to his executors, upon his death. 23. As an heir is, by his entry, fubjedled univerfally ,7^/ deli~ to his anceftor’s debts, apparent heirs have therefore ^berandt- year (annus deliberandi') allowed to them from the an- cellor’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 actions, and others which contain no per- fonal eonclulion, may be purfued againft the apparent heir without a previous charge, action does not lie even upon thefe, within the year, if the heir cannot make the proper defences without incurring a paflive title. But judicial Tales, commenced againft: an ancef- tor, may by fpecial a£t of federunt be continued upon a citation of the heir, without waiting the year of de¬ liberating. This annut deliberandi \% computed, in the. cafe of a pofthumous heir, from the birth of fuch heir. An apparent heir, who, by immixing with the eftate of his anceftor, is as much fubjefted to his debts as if he had entered, can have no longer a right to delibe¬ rate whether he will enter or not. 24. All fervices proceed on brieves from the chan- Service of eery, which are called brieves of inquejl, and have been^e‘is> long known in Scotland. The judge, to whom the brief is directed, is required to try the matter by an inqueft of 15 fworn men. The inqueft, if they find the claim verified, muft declare the claimant heir to the deceafed, by a verdift or fervice, which the judge muft atteft, and return the brief, with the fei ~e proceeding on it, to the chancery j from which an extra6l is ob¬ tained called the retour of the fervice. 25. The fervice of heirs is cither general or fpecial. general and A general fervice veils the heir in the right of all he-fpecial. ritable fubje6H, which either do not require feifin, or which have not been perfected by feifin in the perfon of the anceftor. A public right, therefore, according to 4 K the 6B2 Li A Vv. Part IIP. Law of the feudal law, though followed by lelfin, having , Scotland. ^ no iega[ effects till it be conhrmed by the fuperior, muft, as a perl'onal right, be carried by a general fer- vice. A fpecinl fervice, followed by feifin, veils the heir in the right of the fpecial fubjedls in which the anceftor died infeft. Entry by 26. If an heir, doubtful whether the eftate of his inventory. anceftor 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 fub- je£fs to the clerk of the {hire where the lands lie j or, if there is no heritage requiring feifin, the clerk of the Ihire where he died ; and if, after the fame is iubfcri- bed by the fheriff or IherilF-depute, the clerk, and him- felf, and regiftered in the (heriff’s books, the extrafl thereof lhall be regiftered within four days after expiry of the annus deliberandi in the general regifter appoint¬ ed for that purpofe, his fubfequent entry will fubjefl him no farther than to the value of fuch inventory. If the inventory be given up and regiftered within the time prefcribed, the heir may ferve on 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 difcover its true value j fince an eftate is al¬ ways worth what can be got for it. An heir by in¬ ventory, as he is in eflfeft a truftee for the creditors, muft account for that value to which the eftate may have been improved fince the death of the anceftor, and he muft; communicate to all the creditors the cafes he has got in tranfafting with any one of them. Entry upon 28. Praftice has introduced an anomalous fort of a precept ofeR^ry5 without the interpofition of an inqueft, by the c^e con- puje confent 0f tlie 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 fubjedts that belonged to his anceftor. The heir, by taking feifin on this precept, becomes pajjive, liable for all the debts on his anceftor ; and, on the other hand, acquires an aftive title, as to the fubjedts contained in the precept in queftions with the fuperior or his heirs } and they may, when followed by feifin, afford 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 himfelf regularly ferved at any time within the Entry by years of prefcription. Of the fame nature is the entry hafp and yiafp ancj ftaple? commonly ufed in burgage tene- ments of houfes 5 by which the bailie, without calling an inqueft:, cognofces or declares a perfon heir, upon evidence brought before himfelf j and, at the fame time, infefts him in the fubjedt, 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 adlual entry, fo as to fupport the creditor’s diligence (clxxii. 2.). A fpecial 29. A general fervice cannot include a fpecial one $ ^lude^aH'e ^nce ^ n0 re^at^on to an7 fpecial fubjedf, and car- HeraloneT ries on^y !:^at c^a^s r*ghts on which feifin has not proceeded : but a fpecial fervice implies a general one of the, fame kind or charadler3 and confequently carries even fuch rights as have not been perfedled by feifin. Law of Service is not required to eftabliftr the heir’s right in Scotland, titles of honour, or offices of the higheft dignity } for '-J thefe defeend jure fanguinis. 30. An heir, by immixing with his anceftor’s eftate Paffive ti- without entry, fubjedts himfelf to his debts, as if he had^65, entered j or, in our law phrafe, incurs a paffive title. The only paffive title by which an apparent heir be¬ comes liable univerfally for all his anceftor’s debts, is gejiio pro hcerede,. or his behaving as none but an heir Gejliopro has right to do. Behaviour as heir is inferred from the k&rede>. apparent heir’s intromiffion, after the death of the an¬ ceftor with any part of the lands or other heritable fub- jedls belonging to the deceafed, to which he himfelf might have completed an adlive title by entry. 31. This paffive title is excluded, if the heir’s in¬ tromiffion be by order of law j 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 aneeftor’s eftate, otherwife than at public roup (audlion), or his poffeffing it in virtue of rights fettled in the perfon of any near relation of the anceftor, to whom he himfelf may fucceed as heir, otherwife than upon purchafe by public fale, is deemed behaviour as heir. 32. Behaviour as heir is alfo excluded where the in¬ tromiffion 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 adl, and profitable to the creditors : nor by his taking out of brieves to ferve j for one may alter his purpofe, while it is not completed : nor by his afiuming the titles of honour belonging to his anceftor, or exercifing an honorary office hereditary in the family •, for thefe rights an- fwer to the blood, which may be ufed without proper reprefentation. But the exercifing an heritable office of profit, which may pafs by voluntary conveyance, and confequently is adjudgeable, may reafonably be thought to infer a paffive title. Laftly, as paffive titles have been introduced merely for the fecurity of creditors ; therefore, where queftions conceiving behaviour arife among the different orders of heirs, they are liable to one another no farther than in valorem of their fe- veral intromiffions. 33. Another paffive title in heritage, may be incur- pra,ceptisi red by the apparent heir’s accepting a gratuitous right Werfzta- from the anceftor, to any part of the eftate to which tis. he himfelf might have fucceeded as heir j and it is call¬ ed prceceptio luereditatis, becaufe it is a taking of the fucceffion by the heir before it opens to him by the death of his anceftor. If the right be onerous, there is no paffive title ; if the confideration paid for it does not amount to its full value, the creditors of the de¬ ceafed may reduce it, in fo far as it is gratuitous, but ftill it infers no paffive title. 34. The heir incurring this paffive title is no farther liable, than if he had at the time of his acceptance entered heir to the granter, and fo fubjefted himfelf to the debts that were then chargeable againft him $ but with the pofterior debts he has nothing to do, not even with thofe contracted between the date of the right and the infeftment taken upon it, and he is therefore called fuccpjfor titulo lucraltvo pojl contradum debit um. Chap.II, LAW. 683 Law of Scotland Other paf- fsve titles. 35. Neither of theft; pafiive titles takes place, unlefs the fubjeft intermeddled with or difponed be fueh as the intromitter cr receiver would fucceed to as heir. In this alfo, thefe two paflive titles agree, that the in- tromiflion in both mult be after the death of the ances¬ tor ; for there can be no termini habiles of a pa {live title, while the anceftor is alive. But in the following reipedt they differ : GeJHo pro hcerede, being a vicious paiiive title founded upon a quafi delidt, cannot be ob¬ jected againft the delinquent’s heir, if procefs has not been litifcontetled while the delinquent himfelf was alive •, whereas the fuccejjbr titu/o lucrativo is by the ac¬ ceptance of the difpofitinn underftood to have entered into a tacit contradt with the granter’s creditors, by which he undertakes the burden of their debts 5 and all adtions founded on contradl are tranfmiflible againft heirs. 36. An apparent heir, who is cited by the anceftpr’s creditor in a procefs for payment, if he offers any pe¬ remptory defence againft the debt, incurs a paffive title j for he can have no intereft to objedt againft it, but in the charadter of heir. In the fame manner, the heir’s not renouncing upon a charge to enter heir, in¬ fers it: But the effedt of both thefe is limited to the fpecial debt purfued for, or charged upon. This paf¬ five title, which is inferred from the heir’s not renoun¬ cing, has no effedt till decree pafs againft him *, 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 necelfarily pafs over his immediate anceftor, e. g. his father, if he was not infeft; and ferve heir to that an¬ ceftor who was laft veft and feized in the right, and in whofe ha-reditatis jacens the right muft remain, till a title be connedted thereto from him. As this bore hard upon creditors who might think themfelves fecure in contradting 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 •, it is there¬ fore provided by adl 1695, that every perfon, paffing over his immediate anceftor who had been three years in poffeffion, and ferving heir to one more remote, fhall be liable for the debts and deeds of the perfon inter- jedted, to the value of the eftate to which he is ferved. This being corredtory of the feudal maxims, has been ftridtly interpreted, fo as not to extend to the gratui¬ tous deeds of the perfon interjedled, nor to the cafe where the interjedled perfon was a naked liar, and poffeffed only civilly through the liferenter. 38. Our law, from its jealoufy of the weaknefs of by the .heir while under ficknefs, and of the importunity fiends on that occafion, has declared that all deeds affedting heritage, if they be granted by a perfon on deathbed, (z. e, after contradling that ficknefs which ends in death, to the damage of the heir, are ineffec¬ tual, except where the debts of the granter have 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 poujiie, by which is underftood a ftate of health j and it gets the name, becaufe perfons in Reduction health have the leghima pot eft as, or lawful prtwer, of haw of difpofing of their property at pleafure. Scotiand.^ 39. The two extremes being proved, of the granter’s what C0[v. ficknefs immediately before figning, and of his deathftitmes a following it, though at the greateft diftance of time,deathbed, did, by our former law, found a prefumption that thec'eed* deed was granted on deathbed, which could not have been elided but by a pofitive proof of the granter’s convalefcence •, 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 ; 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 othet proof of convalefcence is receivable, becaufe at kirk and market there are always prefent unfufpefled wit- neffes, which we can hardly be fure of in any other cafe. 40. The privilege of fetting afide deeds eic capite^-0. leBi, is competent to all heirs, not to heirs of line only, js but of conqueft, tailzie, or provifion ; not only to thecompetent, 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 reduflion, and thereby give flrength to deeds that may be afterwards granted in ledlo to his hurt $ for no private renunciation can authorife a per¬ fon to aft contrary to a public law ; and fuch renuncia¬ tion is prefumed to be extorted through the fear of exheredation. If the heir Ihould not ufe this privilege of reduftion, his creditor may, by adjudication, tranf- fer it to himfelf; or he may, without adjudication, reduce the deed, libelling upon his intereft 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 difpofitions of every fubjeft to which the heir would have fucceed- ed, or from which he would have had any benefit, had ^ ‘ it not been fo difponed. Deathbed deeds granted in confequence of a full or proper obligation in liege pou¬ jiie, 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 j but if he ftsould, in liegepouJlie> exclude his apparent heir, by an irrevocable deed con¬ taining referved faculties, the heir cannot be heard t® 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 j iiilly preferred the creditors of the deceafed, 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 II 2 creditors 684 L A W. Part ]IL Liiw of creditors may, after that period, affect it for their C0l*‘int' own payment. All difpofitions by an heir, of the anceftor’s eftate, within a year after his death, are null, in fo far as they are hurtful to the creditors of the anceftor. This takes place, though thefe credi¬ tors fhould have ufed no diligence, and even where the difpolitions 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. dxxxi. SECT. XXI. Of SucceJJion in Moveables. Moveable iucceflion by law. Succeffion in move, ablesby def- tinaiion. 1. In the fucceflion of moveable rights, it is an uni- verfal rule, that the next in degree to the deceafed (or next of kin) fucceeds to the whole •, and if 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 fucceflion of moveables, except in the fingle cafe of a competi¬ tion between the full blood and the half blood ; for a niece by the full blood will be preferred before a bro¬ ther by the half blood, though fire is by one degree more remote from the deceafed than her uncle. Where the eftate of a perfon deceafed confifts partly of heri¬ tage, 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 exelufive 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 whole is thrown into one mafs, and divided equally among all of them. This doCtrine holds, not only in the line of defcendants, but of collaterals ; for it was 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 he pleafes, excluding the legal fucceffor, by a tefta- ment ; 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 effeftual 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 tefatoris ef am- bu/atoria ufque ad mortem ; and hence teftaments are called lajl or latter wills. Teftaments, in their ftri6t acceptation, nmft contain a nomination of executors, i. e. of perfons appointed to adminifter the fucceflion ac¬ cording to the will of the deceafed : Yet nothing hin¬ ders one from making a fettlement of moveables, in fa¬ vour of an univerfal legatee, though he ftiould not have appointed executors j and on the other part, a tefta- ment where executors are appointed is valid, though the perfon who is to have the right of fucceflion ftiould 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 eftate, he is merely a truftee, account¬ able to the next of kin j but he may retain a third of the dead’s part (explained par. 6.) for his trouble in executing the teftament 5 in payment of which, lega¬ cies, if any be left to him, muft be" imputed. The Law of heir, if he be named executor, has right to the third as Scotland, a ftranger 5 but if one be named who has an intereft —■'•v'”—** in the legal fucceflion, he has no allowance, unlefs fuch intereft be lefs than a third. Nuncupative or verbal teftaments are not, by the law of Scotland, effedual for fupporting the nomination of an executor, let the fub- jeft of the fucceflion be ever fo fmall : But verbal le¬ gacies, not exceeding look Scots, are fuftained : and even where they are granted for more, they are inef- feiftual 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 ; and conl’equently they can tranfmit no right to the exe¬ cutors of the legatee, in the event that the grantor furvives him. A cafe occurred fome years ago, where a teftator left a legacy payable when the legatee arri¬ ved at a certain age. 'I he 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 niorte tejlatoris, and upon his deceaie 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 fubje£l ; he can only infift in a perfonal adlion againft the executor for payment out of the teftator’s effects. A fpecial legacy, i. e. of a particular debt due to the deceafed, or of a particular lubjedft belonging to him, is of the nature of an aflig- nation, by which the property of the fpecial debt or fubject veils, upon the teitator’s death, in the legatee,, who can therefore direftly fue the debtor or poffeffor : Yet as no legacy can be claimed till the debts are paid, the executor muft be cited in fuch proceis, that it may be known, whether there are free efftfols fufhcient for anfwering the legacy. W here there is not enough for 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 fliould be nothing over for payment of the reft j and, on the contrary, he has no claim, if the debt or fubjedl be¬ queathed ihould periih, whatever the extent of the free executry may be. 5. Minors, after puberty, can teft without their cu- Who can rators, wives without their huihands, and perfons inter-teft, and dialed without their interdiflors : but baftards cannotunc!er w3ia' teft, except in the cafes afterwards fet forth, N° clxxii.ie^r'<^’ons’ 3. As a certain fhare of the goods, falling under the communion that is confequent on marriage, belongs, upon the hufband’s deceaie, to his widow, jure reliBt?y and a certain {hare to the children, called the legitimey 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 his life, and confequently may alien them by a deed inter vivos, in liege poufie, even gratuitoufly, if no fraudulent intention to diiap- point the wife or children ihall appear, yet cannot im¬ pair their ihares gratuitoufly on deathbed : nor can he diipofe of his moveables to their prejudice by tefta¬ ment, though it ftinuld be made in liege poufie; fince- teftaEients dc not operate till the death of the teftator^ at 1 affedt the executiy. 11. L at which period the divifion of the goods m communion have their full effect in favour of the widow and chil¬ dren. 6. If a perfon deceafed leaves a widow', but no child, his leftament, 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 teff, 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 aifo to the children, if the father has not tefted upon it. If he leaves both widow and chil¬ dren, the divifion is tripartite : the wife takes one-tliird by herfelf; another falls, as legitime, to the children equally among them, or even to an only child, though he thould fucceed to the heritage j the remaining third is the dead’s part. Where the wife predeceafes with¬ out children, one half is retained by the hufband, the other falls to her next of kin : Where fhe leaves chil¬ dren, the divition ought alfo to be bipartite, by the common rules of fociety, fince no legitime is truly due on a mother’s death : yet it is in practice tripartite ; two-thirds remain with the furviving father, as if one- third were due to him proprio nomine, and another as adminiftrator of the legitime for his children •, the re¬ maining third, being the wife’s (hare, goes to her chil¬ dren, whether of that or any former marriage : for they are all equally her next of kin. What debts y. Before a teftament can be divided, the debts ow¬ ing by the deceafed are to be dedudled ; for all execu- try muff be free. As the huiband has the full power of burdening the goods in communion, his debts affecff: the whole, and fo leflen the legitime and the ffrare of the relifl, 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 j but the le¬ gacies, or other gratuitous rights granted by him on deathbed, affeft only the dead* part. Bonds bearing intereft, due by the deceafed, cannot diminilh the re¬ lift’s fliare, becaufe fuch bonds, when due to the de¬ ceafed, do not increafe it. The funeral charges of the wife predeceafing, fall wholly on her executors who have right to her (hare. Where the deceafed leaves no family, neither hufband, wife, nor child, the teffament fuffers no divifion, but all is the dead’s part. 8. The whole iffue of the hufband, not only by that marriage which was diflblved by his death, but by any former marriage, has an equal intereft in the legitime j otherwife the children of the firft marriage would be cut out, as they could not claim the legitime during their father’s life. But no legitime is due, (l.) 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 familia, and fo are excluded from any farther {hare of the moveable eftate than they have already received. 9. As the right in legitime is ftrongly founded in nature, the renunciation of it is not to be inferred by implication. Renunciation by a child of his claim of legitime has the fame effeft as his death, in favour of the other children entitled thereto j and confequently the (hare of the renouncer divides among the reft 5 but he does uot thereby lofe his right to the dead’s partj if Law of Scotland. Renuncia¬ tion of the legitime. A W. 68 he does not a.fo renounce his (hare in the father’s exe- cutry. Nay, his renunciation of the legitime, where he is the only younger child, has the effeft to convert the whole fubjeft thereof into dead’s part, which will therefore fall to the renouneer himfell 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-Collatione dren who continue entitled to the legitime, we have among adopted the Roman doftrine of collatio ^oncrum whereby the child, who has got a provifion 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 prcecipuum to the child, collation is excluded. A child is not bound to collate an heri¬ table fubjeft provided to him, becaufe the legitime is not impaired by fuch provifion. As this collation taI5.es place only in queffions among children who are entitled to the legitime, the relift is not bound to collate dona¬ tions given her by her hufband, in order to increafe the legitime •, and on the other part, the children are not obliged to collate their proviiions, in order to increafe her (hare. 11. As an heir in heritage muff complete his titles Confirma-- by entry, fo an executor is not vefted in the right of the don* moveable eftate of the deceafed without confirmation. Confirmation is a fentence of the commiffary 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 commiflariot 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 the commune forum ; but if he went abroad with an intention to return, the commiffariot within which he redded before he left Scotland, is the only proper court. 12. Confirmation proceeds upon an edift, which is affixed on the door of the parifh church where the de¬ ceafed dwelt, and ferves to intimate to all concerned the day of confirmation, which muft be nine days at leaft after publifhing the edift. In a competition for the office ©f executor, the commiffary 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 praftice preferred 5 after them the next of kin j then the relift ; then creditors; and, laftly, fpecial le¬ gatees. All thefe muft be decerned executors, by a fentence called a 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 j which is called the confirmation of a. teftament dative. 13. A creditor, whofe debtor’s teftament is already conf;rma, confirmed, may fue the executor, who holds the office tion qua ex- for all concemedj to make payment of his debt. Where ecutor-cre- there dUor* L A W. Part III. Confirma¬ tion ad omijfa, flic Legitime Wr tranf- mit with¬ out confir¬ mation. Partial cen firniation. there is nrs confirmation, he himfelf may apply for the office, and confirm as executor-creditor ; 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 fimply a form of diligence, cre¬ ditors are exempted from the neceflity of confirming more than the amount of their debts. 14. A creditor, v.'hofe debt has not been cendituted or his claim not clofed by decree, during the life of his debtor, has no title to demand direftly the office of executor qua creditor : but he may charge the next of kin who Hands off, to confirm, who muff 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 conftitute his debt, and obtain a decree cogni- tionis caufa, againft the hcercditas 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 affeft 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 any of the effefts belonging to the deceafed in invento¬ ry, or has eftimated them below their jufl value, there is place for a new confirmation, ad omtffa, vel male ap- pretiata, at the fuit of any having interefl $ and if it appears that he has not omitted or undervalued any fubject dolose, the commiffary will ordain the fubjedts omitted, or the difference between the eftimations in the principal teftament and the true values, to be added thereto ; but if dole (hall be prefumed, the whole fub- je£t of the teftament ad omiffa vel male appretiata, will be carried to him who confirms it, to the exclufion of the executor in the principal teftament. 16. The legitime andrelifl’s fhare, becaufe they are rights arifing ex lege, operate ipfo jure, upon the father’s death, in favour of the relift and children j and confe- quently pafs from them, though they fhould 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 fubjeffs 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. 17. The confirmation of any one fubjeft by the next 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 ft ranger, who is executor nominated, as it is merely a truft; for the next of kin, has the effeft to eilablkh the right of the next of kin to the fubje&s 4 confirmed, in the fame manner as if himfelf had con- Law of firmed them. Scotland. 18. Executry, though it carries a certain degree ofExecutors reprefentation ef the deceafed, is properly an office : how far * executors therefore are not fubjedfed to the debts due liable, by the deceafed, beyond the value of the inventory j but, at the fame time, they are liable in diligence for making the inventory effedtual 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 the fums they have made effectual, in order to a diftribu- tion thereof among all having intereft. This holds though they fhould again lend out the money upon in¬ tereft, as they do it at their own rifk. 19. There are certain debts of the deceafed called la what privileged debts, which were always preferable to every ca^es the^ other. Under that name are comprehended, medicines fumifhed to the deceafed on deathbed, phyficians fees fentencc. 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, rvithin fix months after their debtor’s death, are preferred,pcjfu, 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 rvithin the fix months, from the benefit of the pari pajju preference ; 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 creditors may be entitled to the, fund in his hands. If no diligence be u(ed 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- je£f of his tertament to the creditors of his next of kin. 20. The only paflive title in moveables is vitious in-vitiousin*, tromiffion ; which may be defined, an umvarrantabletromilfien, intermeddling Avith the moveable eftate 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; fraud being in the common cafe prefumed from his not giving up in inventory the full fubjeff 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 ; or, if he dies in a houfe not his own, they snuft be fealed by the mafter of iuch houfe, and the keys delivered to the judge ordinary, to be kept by him, for the benefit of 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 preiumption or fraud. In con- fequence of this rule, neceffary intromiffion, or cujlodicc caufa, Chap. II. Law of catifa, by the wife or children, who only continue the < Scotland, pofleflion of the deceafed, in order to preferve his goods v ~'1~ for the benefit of all concerned, infers no paflive title. And, upon the fame principle, an intromitter, by con¬ firming himfelf executor, and thereby fubjeding him- felf to account, before aftion be brought againft him on the paflive titles, purges the vitiofity of his prior intromiffion : 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 deceaftd, will exclude the paflive title, notwith- ftanding a prior citation. As this paflive title was in¬ tended only for the fecurity of creditors, it cannot be fued upon by legatees ; and fince it arifes ex deliSio, it cannot be pleaded againft the heir of the intromitter. As in delidls, any one of many delinquents may be fubjedled to the whole punifiiment, fo any one of many intromitters may be fued in folidum for the purfuer’s debt, without calling the refl 5 but the intromitter Avho pays, has an adlion of relief agalnfl: the others for their ihare of it. If the intromitters are fued jointly, they are liable, not pro rata of their feveral intromiflions, but pro virili. Mutual re- 22. The whole of a debtor’s eftate is fubjedted to the liei betwixt payment of his debts; and therefore, both his heirs and the heir ai.d execut:ors are £or them, in a queflion with credi- executor 7 1 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 fucceflbrs, to bear the burdens which naturally affedl it. Adfion 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 ihall be prefumed from the fpecial ftyle of the difpofition. dxxxii. IV. OF LAST HEIRS AND BASTARDS. \)ykere I. Ry our ancient pradlice, feudal grants taken to the there is no vaflal, and to a fpecial order of heirs, without fettling heir, the t]ie laft termination upon heirs whatfoever, returned to reeds'UC~ ^ie Superior, 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 dive tied by fuch grant, and the right defcends to the vaffal’s heirs at. law. And even where a vaflal dies without leaving any heir who can prove the re- moteft propinquity to him, it is not the fuperior, as the old law ftood, but the king, who fucceeds as laft; heir, both in the heritable and moveable eftate of the de¬ ceafed, in confequence of the rule, Quod nullius eji^ ce¬ di t domino Reqi. 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 fovereign’s hand. If they are holden of a fubjeft, the king, who cannot be-vaflal to his own fubjeft, names a donatory ; who, to complete his title, muft obtain a decree of declaratory ; and thereafter he is prefented to the fuperior, by letters of prefentation from the king under the quarter feal, in which the fupe* 687 Law of Scotland. A Vv\ rior is charged lo enter the donatory. The whole eftate of the deceafed is, in this cafe, fubjedt to his debts, and to the widow’s legal provifions. Neither the king nor his donatory is liable beyond the value of the fucceflion. A perfon tvho has no heir to fucceed to him, cannot alien his heritage in letlo, to the prejudice of the king, who is entitled to fet afide fuch deed, in the cha- rabter of ultimas hceres. 3. A baftard can have no legal heirs, except thofe ofKing fuc- his own body ; fince there is no fucceflion but byc. sasw^" the father, and a baftard has no certain father. The king therefore fucceeds to him, failing his lawful iflue, ftar(L 'as laft heir. Though the baftard, as abfolute proprie¬ tor of his own eftate, can difpofe of his heritage in liegepoujlie, and of his moveables by any deed inter vi¬ vos ; yet he is difabled, ex defeElu natalium, from be¬ queathing by teftament, without letters of legitimation from the fovereign. If the baftard has lawful chil- • dren, he may left without fuch letters, and name tu¬ tors and curators to his iflue. Letters of legitimation, let their claufes be ever fo flrong, cannot enable the baftard to fucceed to his natural father, to the exclufion of lawful heirs. 4. The legal rights of fucceflion, being founded in Baftards, marriage, can be claimed only by thofe rvho are born in incapable lawful marriage ; the iflue therefore of an unlawful ofje£a^ut marriage are incapable of fucceffion. A baftard is ex-™^ fuec" eluded, (1.) From his father’s fucceflion ; becaufe law ceffi0n. knows no father who is not marked out by marriage. (2.) From all heritable fucceflion, 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 fucceflion of his mother ; for though the mother be known, the baftard is not her lawful child, and legitimacy is implied in all fucceflion conferred by lawr. A baftard, though he cannot fuc¬ ceed jure fanguinis, may fucceed by deftination, where he is fpecially called to the fucceflion by an entail or teftament. 5. Certain perfons, though born in lawful marriage, Aliens can- are incapable of fucceflion. Aliens are, from their al-not I'ucceed legiance to a foreign prince, incapable of fucceeding in‘n feudal feudal rights, without naturalization. Children born"^1 * in a foreign ftate, whofe fathers were natural born fub- je£ls, and rot attainted, are held to be natural bom fubie6ts. Perfons educated in, or profefling, the Popiih nor Papifts, religion, if they {hall negleft, upon their attaining the age of 15, to renounce its doftrines 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 Popiih heir does not, within ten years after incurring the irritancy, fign the formula pre- feribed by the ftatute 1700, c. 3. Chap. III. Of Actions. Hitherto of Perfons, and Rights, the two firft ob¬ jects of law : dBions are its third object, whereby per¬ fons make their rights e fife dual. Sect. I. Nature, Divi/ion, ’ taining 68S L A W Part III. Redudlion improba- tion. Law of taining or recovering of a right j and it fuffers feveral , Scotland, j jvifi()ns< according to the different natures of the rights purfued upon. Divifion of 2. Aftions are either real or perfonal. A real actions. aftion is that which arifes from a right in the thing it- felf, and which therefore may be dire£ted againft all poffeffors of that thing : thus, an adtion for the recove¬ ry, even of a moveable fubjedl, when founded on a jus in re, is in the proper acceptation real 5 but real ac¬ tions are, in vulgar fpeech, confined to fuch as are di- refted againft heritable fubjedls. A perfonal adtion is founded only on an obligation undertaken for the per¬ formance of fome fadt, or the delivery of fome fubjedl j and therefore can be carried on againft no other than the perfon obliged, or his heirs. 3. Adtions, again, are either ordinary or refciffory. All adtions are, in the fenfe of this divifion, ordinary, which are not refciffory. Refciffory adtions are di¬ vided, (1.) Into adtions of proper improbation. (2.) Adtions of redudtion-improbation. (3.) Adtions of fimple redudtion. Proper improbations, which are brought for declaring writings falfe or forged, are no¬ ticed below, N° clxxxvi. 32. Redudtion-improbation is an adtion, whereby a perfon who may be hurt or af- fedted by a writing, inlifts for producing or exhibiting it in court, in order to have it fet afide, or its effedt afcertained, under the certification that the writing, if not produced, fhall be declared falfe and forged. This certification is a fidtion of law, introduced that the produdtion of writings may be more effedtually forced, and therefore it operates only in favour of the purfuer. Becaufe the fummons in the adtion 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 draws after it fo heavy confequences, two terms are afligned to the defenders for produdtion. After the fecond term is elapfed, intimation muft be made judicially to the de¬ fender, to fatisfy the produdtion within ten days j 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 fliall, be¬ fore the fecond term, offer a condefcendence of the dates of their regiftration, unlefs falfehood be objedt- ed : in which cafe, the original muft be brought from the record to the court. But an extradt from the in¬ ferior court is no bar to certification •, the principal writing muft be laid Before the court of feftion on a proper warrant. Simple re- 5. In an adfion of fimple redudlion the certification tdudtioa. Js only temporary, declaring the writings called for null, until they be produced ; fo that they recover their full force after produdtion, even againft the pur¬ fuer himfelf; for which yeafon, that procefs is now feldom ufed. Becaufe its certification is not fo fevere as in redudfion-improbation, there is but one term af- figned to the defender for producing the deeds called for. Grounds of 6. The moft ufual grounds of redudtion of writings /eduction, are, the want of the requifite folemnities ; that the gran- te: uas minor, or interdidled, or inhibited •, or that he fig i. d the deed on deathbed, or was compelled or fright¬ ened into it, or was circumvented ; or that he granted it in prej. dice of his lawful creditors. y. In ipdudtions on the head of force, or fear, or fraud and circumvention, the purfuer maft libel the particular circumftanees from which his allegation is to be proved. Redudlion is not competent upon every degree of force or fear ; it muft be fuch as would (hake a man of conftancy and refolution. Neither is it com¬ petent, on that fear which arifes from the juft authority of hulbands or parents, over their wives or children, nor upon the fear arifing from the regular execution of lawful 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 metu. 8. Alienations granted by debtors after contraft- 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 ftiould bear a date pofterior 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 granter’s confidence, by being employed in his affairs or about his perfon j as a doer, fteward, or domeftie fervant. 9. Rights, though gratuitous, are not reducible, if the granter had, at ’the date thereof, a lufticient fund for the payment of his creditors. Provifions to child¬ ren are, in the judgment of law, gratuitous 5 fo that their effeft, in a queftion with creditors, depends on the folvency of the granter 5 but fettlements to wives, either in marriage contrafts, or even after marriage, are onerous, in fo far as they are rational 5 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 in folvency 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- preffing 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 inftanee of that creditor who has ufed the prior diligence. A creditor, though his diligence be but begun by citation, may infill 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 reaion- able time, is not entitled to reduce any right granted by the debtor, after the time that the diligence is confider- ed as abandoned. 12. A prohibited alienation, when conveyed by the receiver to another who is not privy to the fraud, lub- fifts in the perfon of the bona fide purchafer. In the tafe of moveable rights, this nullity is receivable by ex¬ ception ; but it muft be declared .by reduftion, where the right is heritable. ^3- % Law of England. Chap. IIL L Law of Scotland. Actions ei¬ ther rei perfecuto- risf, or pe¬ nal. Spuilzies. Contraven¬ tion of law- hurrows, I3’ 1696, c. 5* all alienations by a bank- yrupt, 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 leaft ftep of diligence. A bankrupt is there deferibed by the following chara&ers ; diligence ufed againft him by horning and caption ; and infolvency, joined either with imprifonment, retiring to the fanftuary, abfeonding, or forcibly defending himfelf from dili¬ gence. It is fufficient that a caption is raifed againft the debtor, though it be not executed, provided he has retired to thun it. And by the late bankrupt fta- tute 23d Geo. III. it is declared, that in all aftions and queftions arifing upon the conftruftion and effedft of the a£t 1696 ; when a debtor is out of Scotland, or not liable to be imprilbned by reafon of privilege or perfonal prote6Iion, a charge of horning executed againft him, together with either an arreftment of any of his perfonal effedls not loofed or difeharged 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 aift of a proper court, of all or any part of his eftate or effe6ts, heritable or moveable, for payment of debt, (hall, when joined with infolvency, be held as fufficient proof of notour bankruptcy ; and from and after the laft ftep of fuch diligence, the faid debtor, if infolvent, fhall be held bankrupt. It is provided (by faid aft 1696), that all heritable bonds or rights on which lei- fin may follow, (hall be reckoned, in a queftion with the granter’s other creditors upon this aft, to be of the date of the feilin following thereon. But this aft was found to relate only to fecurities for former debts, and not to nova debita. 14. Aftions are divided into rei perfecutorice, and panales. 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 fubjeft itfelf. In penal ac¬ tions, which always arife ex deliBo, fomething is alfo demanded by way of penalty. 15. Aftions of fpuilzie, ejeftion, and intrufion, are penal. An aftion of fpuilzie is competent to one dif- poflefied 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 ; whereas the intruder enters into the void poffeflion, 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. 16. The aftion of contraventien of law-burrows is alfo penal. It proceeds on letters of law-burrows, (from borgby 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. 68 9 Law of Scotland- A W. what is every man’s duty j 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 ascertained to a fpecial fum, ac¬ cording to the offender’s quality \ the half to be ap¬ plied to the fiik, and the half to the complainer. Con¬ travention is not incurred by the uttering of reproach¬ ful words, where 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 Penal ac- tranfgreflion ; and as no heir ought to be accountable tions, whei for the delift of his anceftor, farther than the injured t^ier tranf- perfon has really fuffered by it, penal aftions die with^^1^' the delinquent, and are not tra*nfmiffible againft heifs. purfuer. 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 ftrould die during the dependence. Some aftions are rei perfecu- torice on the part of the purfuer, when he infifts for fim- ple reftitution ; 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 Ihould exceed the value of the goods intermeddled with by the defenders. 18. The moft celebrated divifion of aftions in our Adticns p laws is into petitory, pojfcjjbryy and declaratory. Petitory titory, as aftiens 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 reftitution of moveables, aftions of poinding, of forthcoming, and indeed all perfonal aftions upon contrafts or quali-con- trafts, are petitory. Pojfejfory aftions are thofe which poffelTorf. are founded, either upon peffeffion alone, as fpuilzies j or upon poffeftion joined with another title, as remo¬ ving* ; and they are competent either for getting into poffelfion, for holding it, or for recovering it ; analo¬ gous to the interdifts of the Roman law, quorum bono- rum, uti pojjidetis, and unde vi. 19. An aftion of moleftation is a poffeffory aftlon, ofmoiefts-j competent to the proprietor of a land eftate, againft tion. 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 pro- cefs of moleftation, the feffion alone is competent to the aftion. Aftions on brieves of perambulation, have the fame tendency with moleftations, viz. the fettling of marches between conterminous lands. 20. The aftion of mails and duties is fometimes Of mail* petitory, and fotnetimes poffeffory. In either cafe, it and 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 part 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 5 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 proprie¬ tor, from whom the tenants derive their right, party to the fuit; and he muft fupport his claim by titles of property or diligences, preferable to thofe in the perfon ■4 of OU rt 690 LAW. ' Part III; Law of of his competitor. In the poffeffbry, the purfuer who , Scotland- nei his anceltors, or authors, have been feven Poffeiibry? years in poff flion, and that therefore he has the bene¬ fit of a poffcdTory judgment, need produce no other title than a feifia, which is a title fufficient to make the pofleflion of heritage lawful ; and it is enough, if he calls the natural poffeffors, though he fhould neglect the proprietor. A poffefiory judgment founded on feven years poffeflion, in confequence either of a feifin Poffeflbry or a tachj has this effed, that though one fhould claim judgment uncjer a tjtje preferable to that of the poffeffor, he can¬ not compete with him in the polfeffion, till in a formal procefs of redu&ion he (hall obtain the poffeifor’s title declared void. Declara- 21. A declaratory z.£t\on is that, in which fome right tory ac- jg craveci 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 refciffory adions, which without any perfonal conclufion again!! the defender, tend fimply to fet afule the rights or writings libelled, in confequence of which a contrary right or immunity arifes to the purfuer. Decrees upon adions that are properly declaratory confer no new right } they only declare what was the purfusr’s right before, and fo have a retrofped to the period at which that right firft eom- menced. Declarators, becaufe they have no perfonal conclufion againft the defender, may be purfued againft an apparent heir without a previous charge given him to enter to his anceftor j unlefs where fpecial circum- Itances require a charge. Adlon for 22. An adion for proving the tenor, whereby a wrx- provingthe ting, which is deftroyed or amifling, is endeavoured to tenor. be revived, is in effed declaratory. In obligations that are extinguilhable 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 ca/ns amif- Jionis, or accident by which the writing was dellroyed, as (hows it was loft when in the creditor’s pofTeffion j ©therwife bonds that have been cancelled by the debtor «n payment, might be reared up as ftill fubfifting againft him : But in writings which require contrary deeds to extinguilb their effed, as aflignations, difpo- fitions, charters, &c. it is fufticient to libel that they were loft, even cafu for Unto. Adminicles 33. Regularly no deed can be revived by this adion, in writing. wJthout 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 convidion that the deed libelled did once exift, the tenor is admitted to be proved by witneffes, who muft depofe, either that they w'ere prefent at figning the deed, or that they afterwards fawr it duly fubfcribed. Where the rela¬ tive writings contain all the fubftantial claufes of that which is loft, the tenor is fometimes fuffained with¬ out witneffes. In a writing -which is libelled to have contained uncommon claufes, all thefe muft appear by the adminicles. Adions of proving the tenor are, on account of their importance, appropriated to the court of feffion } and, by the old form,, the teftimony of the witneffes could not be received but in prefence of all the judges. fcTultiple- 24. The action of double or multiple-poinding may poinding, ^ be alfo reckoned declaratory. It is competent to a Law of debtor, who is diftrtffed, or threatened with diftrefs, Scotland, by two or more perfons claiming right to the debt, J 1J 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 {hall be found preferable. This adion is daily pur¬ fued by an arreftee, in the cafe of feveral arreftmenta ufed in his hands for the fame debt j 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 adion of niultiple-poindir),g in name of the tenants, or other debtors, without their eonfent, or even though they Humid difclaim the pro¬ cefs j fince the law has introduced it as the proper re¬ medy for getting fuch competitions determined : And while the fubjed in controverfy continues in medio, any third perfon who conceives he has a right to it, may, though he ffiould not be cited as a defender, produce his titles, as if he were an original party to the fuit, and w ill 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 arreftment ufed within thirty days prior, or four kalender 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 adions may be called accejfory, becaufe Acfeff01T they are merely preparatory or fubfervient to other ac-a^ons* tions. Thus, exhibitions ad delibe/'andum, at the in- ftance of an heir againft the creditors or cuftediers of his anceftor’s writings, are intended only to pave the way for future proceffes. An adion of transference is Transfer, alfo of this fort, whereby an adion,. during the pen-ence. dency of which the defender happens to die, is craved to be transferred againft his reprefentative, in the fame condition in which it flood formerly. Upon the pur- fuer’s death his heir may infill; in the caufe againft the defender, upon producing either a retour or a confirm¬ ed teftament, according as the fubjed is heritable or moveable. Transferences being but incidental to ether adions, can be pronounced by that inferior judge a- lone before whom the principal caufe depended j but where the reprefentatives of the deceafed live in ano¬ ther territory, it is the fupreme court muft transfer. Obligations may now be regiftered fummarily after the creditor’s death ; which before was not admitted, with¬ out a feparate procefs of regiftration, to which the grant- er was neeeffarily to be made a party. 26. A procefs of wakening is likewife acceffory.'Wakeriiqg An adion is faid to fleep, when it lies over not infill¬ ed in for a year, in which cafe its effed 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 purfuer recites the laft ftep of the procefs, and concludes that it may be again carried on as if it had not been difeontinued. An adion that {lands upon any of the inner-houfe rolls cannot fleep j nor an adion in which decree is pronounced, becaufe it has got its full completion : Confequently the decree may be ex. traded after the year, without the necefflty of a waken- ing. 27. An adicn of tranfumpt falls under the fame TrarArry^ , clafs. Chap. III. Law of clafs. Scotland. L A W. It is competent to thofe who have a partial intereft in writings that are not in their own cuftody, ^ againft the poffeffors 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 fuificient if the purfuer can fliow that he has an intereft in the writings^ but in this cafe, hemuft tranfume them on his own charges. Actions of tranfumpt may be purfued before any judge-ordinary. After the writings to be tranfumed are exhibited, full duplicates are made out, collated, and figne.d, by one of the clerks of court, which are called tranfumpts, and are as effe&ual as an extract from the regifter. Brieves. Attions proceeded anciently upon brieves Hill¬ ing from the chancery, diredted to the judiciary or judge-ordinary, who tried the matter by a jury, upon whofe verdict judgment was pronounced : And to this day we retain certain brieves, as of inquefl, terce, idio- try, tutory, perambulation, and perhaps two or three others: But fummonfes were, immediately upon the inllitution of the college of juftice, introduced in the place of brieves. A fummons, when applied to actions purfued before the feffion, is a writ in the king’s name, iiTuing from his fignet upon the purfuer's complaint, authorizing meffengers to cite the defender to appear before the court and make his defences, with certifi- sation, if he fail to appear, that decreewill 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 Summonfcs. defence are called inducice legates. If he is within the Inducice kingdom, 21 and 6 days, for the ftrft and fecond diets gales. 0f appearance, muft be allowed him for that purpofe $ 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 induche are thortened : Spuilzies and ejections proceed on 1 5 days •, wakenings and transferences, being but inci¬ dental, on fixj (fee the lift of privileged fummonfes, in act of federunt June 29. 1672.). A fummons muft 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, acts of mal- verfatios in office by any member of the college of ju¬ ftice, and a£ts of violence and oppreffion committed during the dependence of a fait by any of the parties, may be tried without a fummons, by a fummary com¬ plaint. Conrourfe 3°* Though the Romans acknowledged a concourfe ofadlions. actions in their proceedings, it is not known in the law of Scotland. Therefore, where an action is in part penal, e. g. a removing, fpuilzie, &c. a purfuer who reftrifts his demand to, and obtains a decree merely for, reftitution, cannot thereafter bring a new procefs for the violent profits. Yet the fame faft may be the foundation both of a criminal and civil aftion, becaufe thefe two are intended for different purpofes ; the one for fatisfying the public juftice, the other for indemni¬ fying the private party : And though the defender fhould be abfolved in the criminal trial, for want of evi¬ dence, the party injured may bring an a&ion ad ci- 6$l vilem effe&um, in which he is entitled to refer the libel Law of to the defender’s oath. Scotlanc*. 31. One libel or fummons may contain different con- clufions on the fame ground of right, refciffory, de-ti0nofao claratory, petitory, &c. if they be not repugnant lotions, each other : Nay, though different lums be due to one, upon diftinft grounds of debt, or even by different debtors, the creditor may infift againft them all in the fame fummons. 3 2. Defences are pleas offered by a defender for Defences, eliding an action. They are either dilatory, which do not enter into the caufe itfelf, and fo can only procure an abfolvitor from the lis pendens : Or, peremptory, which entirely cut off the purfuer’s right of action. The fir ft, 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 aft of federunt, how¬ ever (1787), all defences, both dilatory and peremp¬ tory, fo far as they are known, muft be propofed at re¬ turning the fummons, under a penalty j and the fame enactment extends to the cafes of fufpenfions and advo¬ cations. The writings to be founded upon by the parties alfo muft be produced: the intention of the court, in framing the act of federunt, being to accele¬ rate as much as poffible the detifion of caufes. 33. A caufe, after the parties had litigated it before Litlfcontef- the judge, was faid by the Romans to be litifcontefted. tat‘on* By litifconteftation a judicial contraft is underftood to be entered into by the litigants, by which the aftion is perpetuated againft heirs, even when it arifes ex de- hElo. By our law, litifconteftation is not formed till an aft is extrafled, admitting the libel or defences to proof. Sect. II. Of 'Probation. clxxxiv. 1. All allegations by parties to a fuit, muft be fup-probat;en s 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 depout de jure; becaufe, in fuch cafe, all the legal methods probation are competent to the party 5 if the proof he brings by writing be lame, he may have recourfe either to witneffes or to his adverfary’s oath j but, if he fhould firft; take himfelf to the proof by oath, he cannot there¬ after ufe any other probation (for the reafon aftigned par. 3.) j and, on the contrary, a purfuer who has brought a proof by witneffes, on an extrafled aft, is not allowed to recur to the oath of the defender.— Single combat, as a fort of appeal to Providence, ’was, by fingle by our ancient law-, admitted as evidence, in matters combati both civil and criminal. It was afterwards reftrifted to the cafe of fuch capital crimes where no other pooof could be bad ; fome traces of this blind method of trial remained even in the reign of Jame> VI. who, by 1600, c. 12. might authorize duels on weighty octafions. 2. As obligations or deeds figned by the party him- by writing felf, or his anceftors or authors, muft he, of all evidence, the leait liable to exception 5 therefore every debt or allegation may be proved by proper evidence in writing. The folemnities eifential to probative deeds have been already explained, (N2 clxxiv. 3. ef fey.). Books of ac¬ count kept by merchants, trad* (men, and other^dealers . 4 S 2 in Law of Scotland. Probation 692 L A in bufinefs, though not fubferibed, are probative againft him who keeps them j and, in cafe of furnifhings by a ftiopkeeper, fuch books, if they are regularly kept by him, fupported by the teftimony of a fingle witnefs, afford a femiplena probatio in his favour, which becomes full evidence by his own oath in fupplement. Notorial inftruments and executions by meflengers bear full evi¬ dence, that the folemnities therein fet forth were ufed^ not to be invalidated otherwife than by a proof of falfe- hood ; but they do not prove any other extrinfic fa£ts therein averred, againlt third parties. .. ^ 3. Regularly, no perfon’s right can be proved by ty in rrfer-"his ov,'n oath, nor taken away by that of his adverfary $ »nce. becaufe thefe are the bare averments of parties in their own favour. But, 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 himfelf, is decifive of the point; becaufe the reference is a vir¬ tual contrail between the litigants, by which they are vmderftood to put the iffue of the caufe upon what fhall be depofed : and this contrail is fo ftriftly regarded, that the party who refers to the oath of the other can¬ not afterwards, in a civil action, plead upon any deed againft the party depofing, inconiiftent with his oath. To obviate the fnares that may be laid for perjury, he to whofe oath of verity a point is referred, may refufe to depofe, till his adverfary fwear that he can bring no other evidence in proof of his allegation. 4. A defender, though he cannot be compelled to fwear to fafts in a libel properly criminal ; yet may, in trefpaffes, where the conclulion 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£ia. Qualified S' An oa,;h upon reference is fometimes qualified by oiTth*. fpecial limitations reftrifting it. The qualities which are admitted by the judges as part of the oath, are call¬ ed intrinfic ; thofe-which the judge reje£ts or fepar&tes from the oath, extrinjic. Where the quality makes a part of the allegation W'hich is relevantly referred to oath, it is intrinfic. Thus, becaufe a merchant fuing for furnilhings after the three years, muft, 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 Hill due} therefore, though the defender fhould 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. Where the qua¬ lity does not import an extinftion of the debt, but barely a counter-claim, or mutua petitio, againft the purfuer, it is held as intrinfic, and muft be proved ali¬ unde. Neither can a defender who in his oath admits the conftitution of a debt, get off by adjecting the quality of payment, where the payment ought by its nature to be vouched by written evidence. Oaths in 6, Oaths of verity are fometimes referred by the lupplement, judgg to either party, ex cfficio; which, becaufe they are not founded on any implied contract 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 imperfedf proof, and are therefore called oaths in fup¬ plement. (See par. 2.). ©ath of To prevent groundlefs allegations, oaths of ca- taluoiD)’. * W. Part III. lumny have been introduced, by which either party may Law of demand his adverfary’s oath, that he believes the fadt Scotland, contained in his libel or defences to be juft and true. As this is an oath, net of verity, but only of opinion, the party who puts it to his adveriary does not re¬ nounce other probation j and therefore no party is bound to give an oath of calumny, on recent fadts of his own, for fuch oath is really an oath of verity. Thefe oaths have not been fo frequent fince the adt of fede- runt, Feb. 1. 1715, whereby any party, againft whom a fadt {hall be alleged, is obliged, without making oath, to confefs or deny it $ and, in cafe of calumnious denial, is fubjedted 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 affigned for de¬ pofing, he {hall be held pro confejfo; from a prefump- tion of his confcioulnefs, that the fadt 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 petfonal citation ufed againft him. Though an oath which refolves into a non memini cannot be {aid ^ nBnme„ to prove any point j yet where one fo depofes upon a tninioath, recent fadl, to which he himfelf was privy, his oath is confidered as a diffembling of the truth, and he is held pro confejfi, as if he had refufed to fwear. 9. An oath in litem is that which the judge refers Oath in to a purfuer, for afeertaining either the quantity or the^v/. value of goods which have been taken from him by the defender without order ef 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 fome illegal adl, 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 j and therefore it has always been fubjedl to the modification of the court. 10. The law of Scotland rejedis the teftimony of Probation witneffes, (1.) In payment of any firm above 100I. by witnef- Scots, all which muft be proved either feripto vel jura- mento. (2.) In all gratuitous promifes, though for thee^ ‘ J fmalleft trifle. (3.) In all contradls, where writing is either effential to their conftitution (iee N° clxxiv. 2.), or where it is ufually adhibited, as to the borrowing of money. And it is a general rule, fubjedf to the reftridlion mentioned in the next part, that no debt or right, once conftituted by writing, can be taken away by witneffes. 11. On the other part, probation by witneffes is ad-jn what ad¬ mitted to the extent of icol. 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 fadls performed in fatisfadfion. even of a written obligation, where luch obligation binds the party precifely to the performance of them. (3.) In fadts which with difficulty admit of a proof by writing, even though the effedt of fuch proof fliouid be the extindtion of a written obligation, efpecially if the fadts import fraud or violence j thus, a bond is redu¬ cible Chap. III. Law of Scotland. What per- fons reject¬ ed as wit- nefles. Purgation of witnef- fes. Diligence again* wit' ■dies. Circuroduc. fttm. cible ex dolo, on a proof by witneffes. Laftly, all in- tromiffion by a creditor with the rents of his debtor’s eftate payable in grain, may be proved by witnefles: and even intromiffion with the filver rent, where the creditor has entered into the total poffeflion of the debtor’s lands. 12. No perfon, whofe near relation to another bars him from being a judge in his caufe, can be admitted as a witnefs for him : but he may againft him, except a wife or child, who cannot be compelled to give tefti- mony againft the hufband or parent, ob reverentiam perjonce et metum perjurii. Though the witnefs whofe propinquity to one of the parties is objefled to, be as nearly related to the other, the objettion ftands good. 13. The teftimony of infamous perfons is rejected, i. e. perfons who have been guilty of crimes that law declares to infer infamy, or who have been declared infamous by the fentence of a judge 5 but irifamia faEii does not difqualify a witnefs. Pupils are inhabile vit- r.efles*, being, in the judgment of law, incapable of the impreflions of an oath. And in general w'itneffes o- therwife exceptionable may, where there is a penury of witneffes arifing from the nature or circumftances of the fa£t, be received cum nota ; that is, their teftimo¬ ny, though not quite free from fufpicion, is to be con¬ joined with the other evidence, and to have fuch weight given it as the judge ftiall think it deferves. 14. All witneffes, before they are examined in the caufe, are purged of partial counfelj that is, they muft declare that they have no intereft in the fuit, nor have given advice how to conduct it j that they have got neither bribe nor promife, nor have been inflrufted how to depofe ; and that they bear no enmity to either of the parties. Thefe, becaufe they are the points put to a witnefs before his making oath, are called 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 j but, becaufe fuch objedtion, if it cannot be inftantly verified, will be no bar to the examination, law allows the party in that cafe to proteft for nprobator, before the witnefs is examined 3 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 3 but in that cafe, the party infilling muft confign 100I. Scots, which he forfeits if he fuccumb. This adtion muft have the concurrence of the king’s advocate, becaufe the con- clufion of it imports perjury 3 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 adl, or of incident diligence. In an adl, the lord ordinary who pronounces it is no longer judge in the procefs 3 but in an incident diligence, Avhich is commonly granted upon fpecial points, that do not exhauft the caufe, the lord ordinary continues judge. If a witnefs 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- A W. 693 eluding him from bringing evidence thereafter. Where Law of evidence is brought, if it be upon an adl, the lord or- Sc°Uai) J but the king’s advocate, who in this queftion reprefents the community, has a right to profecute all crimes in vindittam public am, though the party injured ffiould re- fufe to concur. Smaller offences, as petty riots, inju¬ ries, &c. which do net demand the public vengeance, pafs generally by the appellation of delicls, and are pu- nilhed either by fine or imprifonment. 2. The effence of a crime is, that there be an inten- what ef- tion in the aCtor to commit; for an aftion in which fential t® the will of the agent has no part is not a proper objedft cr‘mes* either of rewards or punilhments ; hence arifes the rule crimen dolo contrakitur. Simple negligence does not therefore conftitute 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 leffer 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 drunkennefs itfelf, which was the firft caufe of the a£tion, 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 action, dole not being incident to that age ; but the precife age at which a perfon becomes capable of dole, being fixed neither by nature nor by ftatute, is by our practice to be gathered by the judge, as he belt can, from the underftanding and manners of the per¬ fon accufed. Where the guilt of a crime arifes chiefly from ftatute) the adtor, if he is under puberty, can hardly be found guilty ; 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 puniftied pcena or- dinaria. 4. One may be guilty of a crime, not only by per-Acceftb- petrating it himfelf, but being acceffory to a crimeries.or an committed by another; which laft is by civilians ftyledand Part* ope et conjilio, 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 gi¬ ving warrant or mandate to commit it; or, 3. By ac¬ tually affifting the criminal in the execution. It is ge¬ nerally agreed by dodlors, that, in the more atrocious crimes, the advifer is equally puniftiable with the cri¬ minal ; and that, in the flighter, the circumftances ari- fing from the advifer’s leffer age, the jocular or carelefs manner of giving advice, &tc. may be received as pleas for foftening the puniffiment. One who gives mandate to commit a crime, as he is the firft fpring of adlion, feems more guilty than the perfon employed as the in- ftrument in executing it *, yet the attor cannot excufe himfelf under the pretence of orders which he ought not to have obeyed. 5. Affiftance may be given to the committer of a crime, not only in the adlual execution, but previous to it, by furnifhing him, intentionally, with poifon, arms, or the other means of perpetrating it. That fort of affiftance which is not given till after the criminal adt, and which is commonly called abetting, though rt be of itfelf criminal, does not infer art and part of the principal Law of Scotland. Tunifli- nient of Blafphemy. Chap. III. L principal crime ; as if ona ftiould favour the efcape of a criminal, knowing him to be fuch or conceal him from jutiice. 6. Thofe crimes that are in their confequences moft hurtful to fociety, are punilhed capitally, or by death ; others efcape wdth a leffer punilhment, 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¬ nilhment. Where the punilhment 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- viftion, in all capital trials, though the fentence Ihould not exprefs it. 7. Certain crimes are committed more immediately againft God himfelf} others, againft the Hate ; and a third kind, againft particular perfons. The chief crime in the firft clafs, cognizable by temporal courts, is blaf- phemy, under which may be included alheifm. This crime confifts in the denying or vilifying the Deity by fpeech or writing. All who ctnrfe God or any of the perfons of the blefled Trinity, are to fuffer death, even for a fingle aft ; and thofe who deny him, if they per- fift in their denial. The denial of a Providence, or of the authority of the holy Scriptures, is punilhable 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 Ikill in any occult fcience, to tell fortunes, or dif cover Jlolen goods, are to fuffer imprifonment for a year, Hand in the pillory four times in that year, and find furety for their future good behaviour. 9. Some crimes againft the ftate are levelled direftly againft the fupreme power, and ftrike at the conftitu- tion itfelf: others difcover fuch a contempt of law, as tends to baffle authority, or flacken the reins of go¬ vernment. Treafon, crimen majeflatis, is that crime which is aimed againft the majefty of the ftate ; and can be committed only by thofe who are fubjefts 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 fafts conftitu- ting that crime, to the forms of trial, the corruption of blood, and all the penalties and forfeitures confequent on it. 10. It is high treafon, by the law of England, to imagine the death of the king, queen confort, or of the heir apparent to the crown j to levy war againft the king, or adhere to his enemies j to counterfeit the king’s coin, or his great or privy feal; to kill the chan¬ cellor, treafurer, or any of the 12 judges of England, while they are doing their offices : which laft article is by the forenamed aft 7 Ann. applied to Scotland, in the cafe of flaying any judge of the feffion or of jufti- ciary fitting in judgment. Thofe who wafti, clip, or lighten, the proper money of the realm 5 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 fucceffion toil, or who hold cor- refpondence with the pretender, or any perfon employ¬ ed by him, are alfo guilty of treafon. 11. The forms of proceedings in the trial of treafon, whether againft peers or commoners, are fet forth in a Imall treatife, publiflied by order of the houfe of lords Vol. XI. Part II. Treafon. Pains of treafan. AW. 697 in 1709, fubjoined to a colleftion of ftatutes concern- Law of ing treafon. By the conviftion upon this trial, the Scotland- whole eftate 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 defetlum heredis, without diftinguilhing whether the lands hold of the crown, or of a fubjeft. No attain¬ der for treafon ftiall, 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 j the rights of creditors and other third parties, in the cafe of forfeiture on treafon, muft be determined by the law of England. 12. Mifprifion of treafon, from meprendre, is the over- Mifprifioa looking or concealing of treafon. It is inferred by trcafon* 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 lead degree affent to it. The forefaid aft 7 Ann. makes the Englifh law of mifprifion ours. Its punilh¬ 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 eftate, during his life ; that is, in the ftyle of our law, his fingle and liferent efcheat. 13. The crime oifedition confifts in the raffing com-Sedit on, motions or difturbances in the ftate. It is either verbal or real. Verbal fedition, or lealing-making, is infer¬ red from the uttering of words tending to create dif- cord between the king and his people. It is punilhed either by imprifonment, fine, or banilhment, at the dif- eretion of the judge. Heal 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 difturb- ing of the public peace. Thofe who are convifted of this crime are punilhed by the confifcation of their goods ; and their lives are at the king’s will. If any perfons, to the number of 12, lhall affemble, and being required by a magiftrate or conftable to difperfe, lhall neverthelefs continue together for an hour after fuch command, the perfons difobeying lhall fuffer death and confifcation of moveables. 14. Judges, who, wilfully or through corruption, Corruption ufe their authority as a cover to injuftice or oppreffion,in are punilhed 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 punilhment, or connive at his efcape from juftice. A Iheriff 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 punilhed by the lols of the delinquent’s office, and all the privileges thereto belonging. 15. Deforcement is the oppofition given, or refill-Deforced ance made, to meffengers or other officers, while theyment* are employed in executing the law. The court of fef¬ fion is competent to this crime. It is punilhable with 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 L A W. Part III, Law of Scotland. Breach of arreftment Foreftal- See Murder. Sslf-mur- ieu ‘Psnieide. was ufed. Afmed perfons, to the number of three or more, aflifting in the illegal running, landing, or ex¬ porting of prohibited or uncuftomed goods, or any who lhall relift, wound, or maim any officer of the revenue, in the execution of his office, are punilhable with death and the confifeation of moveables. 16. Breach of arrejiment (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- jedis to an arbitrary corporal punilhment, and the ef- cheat of moveables j with a preference to the creditor for his debt, and for fuch farther fum as (hall be mo¬ dified to him by the judge. Under this head of crimes againlt good government and police, may be reckon¬ ed the foref ailing of markets ; that is, the buying of goods intended for a public market, before they are carried there \ which for the third criminal adl infers the efeheat of moveables j as alfo flaying falmon in forbidden time, deftroying plough graith in time of tillage, flaying or houg.-ing horfes or cows in time of harveft, and deftroying or fpoiling growing timber $ as to the puniffiment of which, fee ftatutes 1503, c. 72. — 1 $87, 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, ©r reputation. Murder is the wilful taking away of a perfon’s life, without a neceffary caufe. Our law makes no diftimflion betwixt premeditated and hidden homi¬ cide : both are puniffied capitally. Cafual homicide, where the adlor is in fome degree blameable ; and ho¬ micide in felf-defence, where the juft bounds of defence have been exceeded } are punilhed arbitrarily : but the flaughter of night thieves, houfebreakers, affiflances 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 joined with that of murder : but in praftice its puniffiment has been reftricted to the efeheat of moveables, and an affythment or indemnification to the party. Mutilation, or the difabting of a member, is puniftied at the difere- tion of the judge. 18. Self-murder is as highly criminal as the killing our neighbour $ and for this reafon, our law has, con¬ trary to the rule, crimina morte extinguuntur, allowed a proof of the crime, after the offender’s death, that his Angle efeheat might fall to the king or his donatory. To this end, an aftion muft be brought, not before the jufticiary, but the feffion, becaufe it is only intended ad civilem effeElum, for proving and declaring the felf-mur- der j and the next of kin to the deceafed muft be made a party to it. 19. The puniffiment of parricide, or of the murder of a parent, is not confined, by our law, to the crimi¬ nal himfelf. All his pofterity in the right line are de¬ clared incapable of inheriting } and the fucccffion de¬ volves on the next collateral heir. Even the curling or beating of a parent infers death, if the perfon guilty be above 16 years j and an arbitrary punilhment, if he be under it. A prefumptive or ftatutory murder Is conftituted by 1690, c. 21. by which any woman who ftiall conceal her pregnancy, during its whoje courfe, and (hall not call for, or make ufe^ of, help in the birth, is to he reputed the murderer, if the child be dead, or amiffing. This ad was intended to dif- 3 courage the unnatural pra&ice of women making away Law of with their children begotten in fornication, to avoid Scotland, ^ church cenfures. 20. Duelling, is the crime of fighting in Angle com-Duelling, bat, on previous challenges given and received. Fight¬ ing in a duel, without licenfe from the king, is puniffi- able by death j and whatever perfon, principal or fie- cond, lhall give a challenge to fight a duel, or fliall ac¬ cept a challenge, or otherwife engage therein, is punilh¬ ed by banilhment and efeheat of moveables, though no adual fighting fhould enfue. 21. Haimfucken (from haim “ home,” and focken “ toHaimfuc- feek or purfue”) is the affaulting or beating of a per-ken. fon in his own houfe. The punilhment of this crime is nowhere defined, except in the books of the Majefty, which makes it the fame as that of a rape j and it is, like rape, capital by our pra&ice. The affault muft be made in the proper houfe of the perfon affaulted, where he lies and rifes daily and nightly j fo that nei¬ ther a public houfe, nor even a private, where one is only tranfiently, falls within the law. 22. Any party to a law fuit, who lhall flay, wound, Battery, or otherwife invade his adverfary, 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 fentence pronounced on this trial, againft him who has committed the battery, is not fubjed to reduftion, either on the head of mi¬ nority, or on any other ground whatever: and if the perfon profecuted for this crime lhall be denounced for not appearing, his liferent, as well as Angle efeheat, falls upon the denunciation. 23. The crime of wrongous imprifonment is inferred, Wrongous, by granting warrants of commitment in order to trial, ™Prtlfon' proceeding on informations not fubferibed, or without expreffing the caufe of commitment; by receiving or detaining prifoners on fuch warrants j by refufing to a prifoner a copy of the warrant of commitment j by de¬ taining him in clofe confinement, above eight days af¬ ter his commitment j by not releafing him on bail, where the crime is bailable *, and by tranfporting per¬ fons out of the kingdom, without either their own con- fent, or a lawful fentence. The perfons guilty of a wrongous imprifonment are punilhed by a pecuniary mul£f, 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. All thefe penalties may be infilled for by a fum- mary a&ion before the feffion, and are fubjeft 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 Jewiffi law be committed, but where the guilty woman was the wife of another : by ours, it is adultery, if either the man or woman be married. We diftinguith between fimple adultery, and that which is notorious or manifeft. Open and manifelt adulterers, who continue incorrigible, notwithftanding the cen- fures of the church, are punilhed capitally. This crime is diftinguilhed by one or other of the following charafters : where there is iffue procreated between the adulterers j or where they keep bed and company together notorioufly \ or where they give fcandal to th© Chap. Law of Scotland Bigamy. Ttice It Rape. Theft. Refet of theft. Robbery, III. L the church, and are, upon their obftinate refuling to liften to its admonitions, excommunicated. The pu- nithment of fimple adultery, not being defined by fta- tute, is left to the difcretion of the judge j but cuftom has made the falling of the Angle efeheat one of its pe¬ nalties. 25. Bigamy is a perfon’s entering into the engage¬ ments of a lecond marriage, in violation of a former marriage vow ftill fubfifting. Bigamy, on the part of the man, has been tolerated in many Hates, before the eftablifhment of Chriftianity, even by the Jews themfelves j but it is prohibited by the precepts of the gofpel, and it is punilhed by our law, whether on the part of the man or of the woman, with the pains of perjury. 26. Incejl, is committed by perfons who Hand with¬ in the degrees of kindred forbidden in Lev. xviii. and is punilhed 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, Hand on an equal footing : civilis ratio civilia jura corrumpere potejl, 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. 27. There is no explicit ftatute making rape, or the ravithing of women, capital \ but it is plainly fuppofed in aft 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 ffie went off with him of her own free will \ and even then, he is to fuller an arbitrary punilhment, either by im- prifonment, confifcation of goods, or a pecuniary fine. 28. Theft is defined, A fraudulent intermeddling with the property of another, with a view of making gain. Our ancient law proportioned the punilhment of the theft to the value of the goods llolen j heightening it gradually, from a flight 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 (beep. In feveral latter afts, it is taken for granted, that this crime is capital. But where the thing Helen is of fmall value, we confider it not as theft but as pic¬ kery, which is punifhed either corporally or by banilh- ment. The breaking of orchards, and the Healing of green wood, is punilhed 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 flolen be trilling j as theft twice repeated, or committed in the night, or by landed men j or of things fet apart for facred ufes. The receivers and concealers of Holen goods, knowing them to be fuch, fuffer as thieves. Thofe who barely harbour the perfon of the criminal within 48 hours either before or after committing the crime, are punilhed as partakers of the theft. Such as fell goods belong¬ ing to thieves or lawlefs perfons who dare not them¬ felves come to market, are punilhed with banilhment and the efeheat of moveables. 30. Theft attended with violence is called robbery; and in our old Hatutes, rief ox fouthrief; under which clafs may be includedforning, or the taking of meat and drink by force, without paying for it. Stouthrief came at iaft to be committed fa audacioufly, by bands of men Law ot Scotiaru!. A W. 699 affociated together, that it was thought neceffary to veH all our freeholders with a power of holding courts up¬ on forners and rievers, and condemning them to death. Nay, all were capitally puniffied, who, to lecure their lands from depredation, paid to the rieveis a yearly contribution, which got the name of black mail. An aft alfo paffed, commanding to bamthment a band of forners, who were originally from Egypt, called gypfies, and adjudging to death all that fliould be reputed Egyp¬ tians, if found thereafter within the kingdom. Rob¬ bery committed on the Teas is called piracy, and is puniffied capitally by the high admiral. Several of the fafts which conflitute this crime are fet forth in a Bri- tifh flatute, 8 Geo. I. c. 24. 31. Falfehood, in a large lenfe, is the fraudulent imi- Falfehocd. tation or fuppreffion of truth, to the damage of another. The 1 ives and goods of perfons convifted of ufing falfe weights or meafures were, by our old law, in the king’s mercy : and their heirs could not inherit but upon a remiffion. The latefi fiatute againit this crime pu- niflies it by confifcation of moveables. That particular fpecies of falfehood, which confitls in the falfifying of writings, paffes by the name of forgery. Our pracl ice Forgery, has now of a long time, agreeably to the Roman law, made this crime capital j unlefs the forgery be of exe¬ cutions, or other writings of fmaller moment $ in which cafe, it is puniffied arbitrarily. 32. The writing muR not only be fabricated, but put to ufe or founded on, in order to infer this crime. And though it be Rriftly criminal, yet the trial of it is proper to the court of feflion j but where improba- tion is moved againH a deed by way of exception, the inferior judge, before whom the aftion lies, is competent to it ad civi/etn ejfeElum. When it is pleaded as an ex¬ ception, our praftice, to difeourage affefted delays, obliges the defender, who moves it, to confign 40I. Scots j which he forfeits, if his plea (hall appear calum- 33. Where a perfon, found guilty of forgery by the court of feffion is by them remitted to the judiciary, an indiftment is there exhibited againH him, and a jury fworn, before whom the decree of feffion is produ¬ ced, in place of all other evidence of the crime, in re- fpeft of which the jury find the pannel guilty ; fo that that decree being pronounced by a competent court, is held as full proof, or, in the flyle of the bar, wprobatio probata. 34. Perjury, which is the judicial affirmation of a Perjury, falfehood on oath, really conHitutes the crimen fa/f; for he who is guilty of it does, in the moH folemn manner, fubflitute falfehood in the place of truth. To conHitute this crime, the violation of truth mufl be deliberately intended by the fwearer ; and therefore reafonable allowances ought to be given to forgetful- nefs or mifapprehenfion, according to his age, health, and other circumflances. The breach of a promiffory oath does not infer this crime ; for he who promifes on oath may fmcerely intend performance when he fwears, and fo cannot be faid to call on God to atteR 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 5 for the ef« ft-ft of the reference can go no further than the private right of the parties. 35. Notwithftanding the mifehievous confequences 4 T 3 ' * / 7co L A W. - Part III. ^La.wof of perjury to foeiety, it is not punilhed capitally, but . ' ^7 confilcation of moveables, imprifonment for a year, and infamy. The court of feffion is competent to per¬ jury incidenter, when, in any examination upon oath, taken in a caufe depending before them, a perfon ap¬ pears to have fworn falfely : but in the common cafe, that trial is proper to the judiciary. Subornation of perjury confifts in tampering with perfons who are to Iwear in judgment, by directing them how they are to depofe : and it is punilhed with the pains of per- jury. Stellionate. 36. The crime of flellionate, from Jlellio^ includes every fraud which is not diftinguilhed by a fpecial name j but is chiefly applied to conveyances of the fame numerical right, granted by the proprietor to dif¬ ferent difponees. The punilhment of ftellionate mult neceifarily be arbitrary, to adapt it to the various na¬ tures and different aggravations of the fraudulent a«5ts. The perfons guilty of that kind of it, which confiHs in granting double conveyances, are by our law declared infamous, and their lives and goods at the king’s mer¬ cy. The cognizance of fraudulent bankruptcy is appro¬ priated to the court of fellion, who may inflict any pu¬ nilhment on the offender that appears proportioned to his guilt, death excepted. Ufury. 37- The crime of ufury, before the Reformation, conlifted in the taking of any intereft for the ufe of money j and now in taking a higher rate of interelt than is authorized by law. It is divided into ufura manfejla, or direct; and velata, or covered. One may be guilty of the firlt kind, either where he covenants with the debtor for more than the lawful interell on the loan-money : or where one receives the intereft of a fum before it is due, fince thereby he takes a con- fideration of the ufe of money before the debtor has Teally 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 intereft than the legal, without the crime of u!ury : for there the intereft 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 was committed un¬ der the mafk, not of a loan, but of fome other contraft; e. g. a fale or an improper wadfet. And in general, all obligations entered into with an intention of getting more than the legal intereft for the ufe of money, however they may be difguifed, are ufurious. As a farther guard againft this crime, the taking more than the legal intereft for the forbearance of payment of money, merchandife, or other commodities, by way 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, muft be tried by the judiciary : but where the libel con¬ cludes only for voiding the debt, or reftitution, the fef- fion is the proper court. I 39- Injury, in its proper acceptation, is the re¬ proaching or affronting our neighbour. Injuries are either verbal or real. A verbal injury, when directed againft a private perfon, confifts in the uttering contu- 4 melious words, which tend to expofe our neighbour’s Law of character by making him little or ridiculous. It does Scotland, not feera that the twitting one with natural defends v— without any farcaftical refleftions, though it be inhu¬ man, falls under this defcription, as thefe imply no real reproach in the juft opinion of mankind. Where the injurious expreflions have a tendency to blacken one’s moral character, or fix fome particular guilt upon him, and are deliberately repeated in different companies, or handed about in whifpers to confidants, it then grows up to the crime of Hander : and where a perfon’s mo¬ ral chara&er, is thus attacked, the animus injuriandi is commonly inferred from the injurious words themfelves, unlefs fpecial circumftances be offered to take off the prefumption, ex gr. that the words were uttered in judgment in one’s own defence, or by way of informa¬ tion to a magiftrate, and had fome foundation in fa£t. Though the cognizance of Hander is proper to the com- miffaries, who, as the judices Chrijiianitatis, are the only judges of fcandal ; yet, for ibme time pall, bare verbal injuries have been tried by other criminal judges, and even by the feflion. It is puniHied either by a fine, proportioned to the condition of the perfons inju¬ ring and injured, and the circumflances of time and place •, or if the injury import fcandal, by publicly ac¬ knowledging the offence j and frequently the two are conjoined. The calling one a bankrupt is not, in fliift fpeech, a verbal injury, as it does not affttft the perfon’s moral chara&er} yet, as it may hurt his credit in the way of bufinefs, it founds him in an a&ion of damages, which muft be brought before the judge-ordinary. A real injury is inflibled by any faft, by which a per¬ fon’s honour or dignity is affe&ed ; as ftriking one with a cane, or even aiming a blow without ftriking 5 fpitting in one’s face •, affuming a coat of arms, or any other mark of diftindlion proper to another, &c. The compofing and publifliing defamatory libels may be reckoned of this kind. Real injuries are tried by the judge-ordinary, and puniftied either by fine or imprifonment, according to the demerit of the offenders. 40. After having fhortly explained the feveral crimes punifliable 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 extinguiftied. Criminal jurifdiftion is founded, I. Ratione domicilii, if the defender dwells within the Criminal territory of the judge. Vagabonds, who have no cer-juriidi 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. There is one exception however to this rule in trying the crime of ufury, which may be proved 703 Law of Scotland. L A W. Part III, Socii crimi nis. Verdidl of Powers of a jury. SciiteiJces. ExtiftAion of crimes. proved by the ufurer’s own oatb, natwhhftanding the rule, Nemo tenetur jurare in fuam turpitudmem. Crimes therefore are in the general cafe proveable only by the defender’s free confeffion, or by writing, or by wit- neffes. No extrajudicial confeflion, unlefs it is^ ad¬ hered to by the pannel in judgment, can be admitted as evidence. i;o. All objeftions relevant againft a witnefs in civil cafes are alfo relevant in criminal. No witnefs is ad¬ mitted, who may gain or loie by the event of the trial Socii criminisy or affociates in the fame crime, are not admitted againft one another, except either in crimes againft the ftate, as treafon ; in occult crimes, where other witnefles cannot be had, as forgery •, or in theft, or depredations committed in the Highlands. The teftimony of the private party injured may be received againft the pannel, where the king’s advocate is the only profecutor, if from the nature of the crime, there muit' needs be a penury of witnefles, as in rape, robbery, &c. 31. After all the witneffes have been examined in court, the jury are {hut up in a room by themfelves, where they muft continue, excluded from all correfpon- dence, till their verdi£l or judgment be fubfcribed by the foreman (or chancellor) and clerk ; and according to this verdi(ft the court pronounces fentence, either abfolving or condemning. It is not neceffary, by the law of Scotland, that a jury (hould be unanimous in finding a perfon guilty *, the nanweft majority is as fufficient againft the pannel, as for him. Juries can¬ not be puniftied on account of an erroneous verdi(ft, either for or againft the pannel. 52. Though the proper bufmefs of a jury be to in¬ quire into the truth of the fae, jurifdiftion of the, 629 Prcemunire, what, 618 Precognition t 701 Prefcription^ of crimes, 702 positive, 675 negative, 676 Prefumptions, 693 Private -\yrongs, how redrefled, 610 Probation, various ways of, 691 Procefs, what, 615 Property, real, what, 603 injuries done to, 613 Profecution, various modes of, 621 Public wrongs, what, 616 R. Rape, 699 ReduBion, 694 Refet of theft, 699 Remedies, purfuit of by a&ion, 614 Reprieve and pardon, whsft, 622 Rights, divilion of, 639 heritable, what, 640 acquired by feu, 647 tranfmiflion of, 650 redeemable, 651 moveable, 662 Robbery, 699 S. Scotland, municipal law of, 622 common law of, 623 L A W, Scotland, courts of, p. 624 prince of, 628 Sedition, 697 Self murder, 698 Sentences, 693 Sequejlration, what, 660 Servants, defeription of, 602 Servitudes, account of, 652 Socii ci iminis, 702 Spuilzies, 689 State, civil, 601 military and maritime, 602 Statutes, eonttruction of, 597 Stellionate, 700 Submiffion, 696 SubtraBion, what, 614 SucceJJion, nature of, 678 in moveables, 684 Summonfes, 691 Superior, cafualties due to the, 645 Sufpenjion, 694 System, the feodal, 603 T. Teinds, defeription of, 656 Tenures, modern Englith, 604 ancient Englilh, ib. Theft, 699 Things, rights of, 603 real, title to, 606 perfonal, what, 608 property in, 609 Index. Things, title to, by occupancy, p. 609 by prerogative, ib. Title by defeent, what, 60S purchafe, jb. occupancy, ib. prefer iption, 607 forfeiture, ib, alienation, ib. cuftom, 609 fucceflion, ib. gift> I ib. bankruptcy, 610 teflament, ib. Transference, action of, 69a Tranfumpt, atlion of, ib, Treafon, 697 Trejpafs, what, 613 Trial, fpecies of, 6x5 form of, 7 qj; U- N ' ..'J VerdiB, 702 VMy, 700 w. Wakening, procefs of, 690 Wajle, what, . 614 Wife, defeription of a, 602 obligations of a, 633 inhibition of a, 634 Witnejfes, probation by, 692 Word, obligation by, 664 Writ, obligation by, ib. Wrongs, and their remedies, what, 6x2 L A W r-aw- LATV-Language. In England all law proceedings Language. were formerly written, as indeed all public proceedings were, in Norman or law French, and even the argu¬ ments of the counfel and decifions of the court w'ere in the fame barbarous dialed! :—An evident and fliame- ful badge, it mull be «wned, of tyranny and foreign fervitude; being introduced under the aufpiees of William the Norman, and his fons : whereby the ob- fervation of the Roman fatirift was once more verified, that Gallia cau/idicos docuit facunda Rritannos, This continued till the reign of Edward III.} who, having employed his arms fuccefsfully in fubduing the crown of France, thought it unbefeeming the dignity of the vidtors to ufe any longer the language of a vanquiflied country. By a ftatute, therefore, paflfed in the 36th year of his reign, it was enadled, that for the future all pleas fhould be pleaded, fhown, defended, anfwered, debated, and judged, in the Englifh tongue } 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 fubjedls to ufe the Ca» ftilian tongue in all ’egal proceedings; and as, in 1286, the German language was eftablilhed in the courts of the empire. And, perhaps, if our legillature had then diredled that the writs themfelves, which are mandates from the king to his fubjedts to perform certain adts, er to appear^at certain places, fhould have been framed Blackjt. Comment. L A W in the Englifh language, according to the rule of our Law- ancient lawq it had not been very improper. But the Langu.age* record or enrolment of thefe writs and the proceed- - ‘""v |T 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 pradlifers, 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, when thofe notes came to be publifhed, under the denomination of re¬ ports, they were printed in that barbarous dialed!; which, joined to the additional terrors of a Gothic black letter, has occafioned many a ftudent to throw away his Plowden and Littleton, without venturing to attack a page of them. And yet in reality, upon a nearer acquaintance, they would have found nothing very for¬ midable in the. language ; which differs in its gram¬ mar and orthography as much from the modern French, as the didtion of Chaucer and Gower does from that of Addifon and Pope. Befides, as the Englifh and Nor¬ man languages were concurrently ufed by our ancef- tors for feveral centuries together, the two idioms have naturally aflimilated, and mutually borrowed from each other: for which reafon the grammatical conftrudlion of each is fo very much the fame, that I apprehend an Englifhman LAW [ 70s ] LA W ka'v“ EngllHiman (with a week’s preparation) would under- idea, and confequently no phrafes to exprefs them, Law- . ‘^ngu‘ta-^ ftand the laws of Normandy, collefted in i\\Q\x gj'and come to be delivered in the Latin tongue. It would Language. couftumicr, as well, if not better, than a hrenchman bred puzzle the molt claflical fcholar to find an appellation, within the walls of Paris. in his pure Latinity, for a conftable, a record, ora I he Latin, which fucceeded the French for the en- deed of feoffment: it is therefore to be imputed as try and enrolment^ of pleas, and which continued in much to neceflity as ignorance, that they were ftyled ufe for four centuries, anfwers fo nearly to the Englifh in our forenfic dialect, conjiobulanusy recordurn, and (oftentimes word for word) that it is not at all furprif- feojfamentum. Thus again, another uncouth word of ing it thould generally be imagined to be totally fa- our ancient laws (for I defend not the ridiculous bar- bricated at home, with little more art or trouble than barifms fometimes introduced by the ignorance of mo- by adding Roman, terminations to Englilh words, deni praftifers), the fubftantive murdrum, or the verb Whereas in reality it is a very univerfal dialeft, fpread murdrare, however harfh and unclaffical it may feem, throughout all Europe at the irruption of the northern was neceffarily framed to exprefs a particular offence ; nations ; and particularly accommodated and moulded fince no other word in being, occidere, interf.cere, necare, to anfwer all the purpofes of the lawyers with a pecu- or the like, was fufficient to exprefs the intention of liar exa&nefs.and precifion. This is principally owing the criminal, ox quo animo the add was perpetrated; t° t'16 fimplicity, or (if the reader pleafes) the poverty and therefore by no means came up to the notion of and baldnefs of its texture, calculated to exprefs the murder at prefent entertained by law; viz. a killing ideas of mankind juft as they arife in the human mind, with malice aforethought, without any rhetorical flourifhes, or perplexed orna- A fimilar neceflity to this produced a fimilar effect ments of ftyle : for it may be obferved, that thofe laws at Byzantium, when the Roman laws were turned into and ordinances, of public as well as private communi- Greek for the ufe of the oriental empire ; for without ties, are generally the moft eafily underftood, where any regard to Attic elegance, the lawyers of the im- ftrength and perfpicuity, not harmony or elegance of perial courts made no fcruple to tranflate fdei commif- expreffion, have been principally confulted in compil- Janos, KofcfAia-crx^iug ; cubiculum ; x.uZv>cteiov; flium- ing them. 1 hefe northern nations, or rather their le- famihas, ts-xIox repudium, gg7ra^ which allows all technical words to continue in the ufual language, and has thereby defeated every beneficial purpofe of the former ftatute. Trial by Wager of LAW, (vadiatio legis) ; a fpecies of trial, in the Englifh law, fo called, as another fpecies is ftyled “ wager of battel,” vadiatio duellt, (fee Bat¬ tel); becaufe, as in the wager of battel, the defendant gave a pledge, gage, or vadium, to try the cauie by bat¬ tel ; fo here he was to put in fureties or vadios, that at fuch a day he wull make his law, that is, take the be¬ nefit which the law has allowed him. (See the article Trial). For our anceftors confidered, that there were many cafes where an innocent man, of good cre¬ dit, might be overborne by a multitude of falfe wit- nefies ; and therefore eftablifhed this fpecies of trial, by the oath of the defendant himfelf : for if he wull abfolutely fwrear himfelf not chargeable, and appears to be a perfon of reputation, he fhall go free, and for ever acquitted of the debt, or other caufe of aftion. The manner of waging and making law is this. He that has waged, or given fecurity to make, his law, brings with him into court eleven of his neigh¬ bours : a cuftom which we find particularly deferibed fo early as in the league between Alfred and Guthrun the Dane ; for by the old Saxon confiitution every man’s credit in courts of law depended upon the opi¬ nion which his neighbours had of his veracity. . The defendant then, (landing at the end of the bar, is ad- monifhed by the judges of the nature and danger of a falfe oath. And if he ftill perfifts, he is to repeat, this or the like oath: “ Hear this, ye juftices, that I do not owe unto Richard Jones the fum of ten pounds, nor any penny thereof, in manner and form as the laid Richard hath declared againft me. So help me God.” And thereupon his eleven neighbours or compurga¬ tors lhall avow upon their oaths, that they believe in their confciences that he faith the truth ; fo that him- felf mull be fworn defideiitate, and the eleven de crcdu- litate. . in the old Swedifn or Gothic conftitution, wager ^06 ][ 1^ A V/ the of law was not only permitted, as it is in criminal Law, cafes, unlefs the faft be extremely clear againft the prifoner ; but was alfo abfolutely required, in many civil cafes : which an author of their own very juftly Stiertihook, charges as being the fource of frequent perjury. This, HE is,, c. i. he tells us, was owing to the Popilh eccltliaftjcs, who introduced this method of purgation from their canon law ; and, having Town a plentiful crop of oaths in all judicial proceedings, reaped afterwaids an ample har- veft of perjuries : for perjuries were punilhed in part by pecuniary fines, payable to the coders of the church. But with us in England wager of law is ne¬ ver required; and then only admitted, where an action 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- fadlion without being able to prove it. Therefore it is only in actions of debt upon fimple contrail, or for amercement, in actions of detinue, and of account, where the debt may have been paid, the goods reftor- 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 law, in the fimplicity of the ancient times, prefumed that no one w ould forfwear himfelf for any worldly thing. Wager of law, however, lieth in a real a£lion, where the te¬ nant alleges he was not legally fummoned to appear, as W’ell as in mere perfonal contrafts. The wager of law was never permitted but where the defendant bore a fair and unreproachable charac¬ ter ; and it was alfo confined to fuch cafes where a debt might be fuppofed to be difeharged, or fatisfac- tion made in private, without any witnefl.es to atteft it : and many other prudential reflriftions accompa¬ nied this indulgence. But at length it was confidered, that (even under all its reftriftions) it grew too great a temptation in the way of indigent and profligate men : and therefore by degrees new' remedies were devifed, and new forms of aftions were introduced, wherein no defendant is at liberty to wage his lawr. So that now no plaintiff need at all apprehend any danger from the hardinefs of his debtor’s confcienee, unlefs he volunta¬ rily choofes to rely on his adverfary’s veracity,, by- bringing an obfolete, inftead of a modern a£lion. Therefore, one {hall hardly hear at prefent of an ac¬ tion of debt brought upon a fimple contradl : that be¬ ing fupplied by an aftion of trefpafs on the cafe for the breach of a promife or ajfmvpfit; w herein, though the fpecific debt cannot be recovered, yet damages may, equivalent to the fpecific debt. And, this being an action of trefpafs, no law can be waged therein. So, inftead of an action of detinue to recover the very thing detained, an asftion of trefpafs on the cafe in trover and converfon is ufually brought ; wherein though the liorfe or other fpecific chattel cannot be had, yet the defendant lhall pay damages for the converfion, equal to the value of the chattel ; and for this trefpafs alio no wager of law is allowed. In the room of adlions of account, a bill in equity is ufually filed : wherein, though the defendant an two is upon his oath, yet fuch oath is not conclufive to the plaintiff ; but he may prove every article by other evidence, in contradiction to what the defendant has fworn. So that wager or law is quite out of ufe, being avoided by the mode of biinping the aftion ; but ftdl it is not out or force. 0 0 ' And L A W r 707 1 L A W L^w, Cuftom- houfe Laws. Hamilton's Int oduc- tion To s- ercban- ■dij'e And therefore, when a new ftatute infli&s a penalfy, and gives an aftion of debt for recovaring it, it is ufual to add, “ in which no wager of law fhall be al- . lowed otherwife a hardy delinquent might efcape any penalty of the law, by fwearing he had never in¬ curred, or elfe had difcharged it. Cujiom-Houfe LAWS. The expedient of exa<5h"ng 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 con¬ fined to the object 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 moft to the public benefit. And, in order to obtain every requi- fite information, all goods, exported or imported, whether liable to duty or not, are required to be en¬ tered at the refpedtive cuftom houfes $ and, from thefe entries, accounts are regularly made up of the whole British trade, diftinguifhing the articles, their quanti¬ ty and value, and the countries which fupply or receive them. The objects of the Britilh legifiature may be reduced io 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 Britilh coin, by encouraging exportation, and difcouraging impor¬ tation, and by promoting agriculture, fifheries, and manufactures. For thefe purpofes, it is penal to en¬ tice certain manufacturers abroad, or export the tools ufed in their manufactures : the exportation of raw materials is, in moft inftances, 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 fall extent. The importation of rival manufactures Is loaded with heavy defies, or abfolutely prohibited. Thefe reftriCtions are moft fevere towards nations with which the balance of trade is fuppofed againft us, or which are confidered as our moft formidable rivals in power or commerce. Upon this principle the com¬ merce with France, till lately, laboured under the heavieft reftriCtions. Thirdly, To fecure us plenty of neceffaries for fub- fiftence 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 ftaple commodities, and reftraining their progrefs in thefe manufactures which they receive from us in exchange. The foundation of pur commercial regulations is the ^amous aCt of navigation, which was firft enaCted dur ing the time of the Commonwealth, and adopted by the firft parliament after the Reftoration. The fub- 11 nee of this aCt, and fubf^quent amendments, is as fo lows : 1. Goods from Afia, Africa, and America, may not be imported, except in Britifti {hips duly navigated, or Ihips belonging to the Brithh plantations ; and they can only be imported from the place of their produe- ti6n or manufacture, or the port where they are ufually firft {hipped for tranfportation. Goods of the Spaniih or Portuguefe plantations, imported from Spain and Portugal in Britifti Ihips, bullion, and fome other in- confiderable articles, are excepted. The reftriftion on European goods is not univerfal, but extends to feveral of the bulkieft articles. Ruffian goods, mafts, timber, boards, fait, pitch, rofin, tar, hemp, flax, raifins. figs, prunes, olives, oil, corn, fu- gar, potafhes, wine, and vinegar, may not be import¬ ed, except in {hips belonging to Great Britain or Ire¬ land, legally manned j nor Turkey goods and currants, except in (hips Britifli built ; or in Ihips belonging to the country where thefe goods are produced or mam;- faClured, or firft {hipped for exportation, and, if im¬ ported in foreign {hips, they pay alien’s duty. In order to entitle a ftiip to the privileges of a Bri¬ tifti {hip, it muft be built in Britain, and belong en¬ tirely to Britifti fubjecls j and the matter, and three- fonrths of the mariners, muft be Briiith fubjeChs, ex¬ cept in cafe of death, or unavoidable accidents. In time of war, the proportion of Britifti mariners re¬ quired is generally confined to one-fourth ; and the fame proportion only is required in the Greenland filhery. No goods may be imported into, or exported from, the plantations in Afia, Africa, or America, except in {hips built in Britain, Ireland, or the plantations, or prize {hips, manned by Britiffi fubjeds, duly regiiter- ed, and legally navigated. The following goods, enumerated in the aCt of na¬ vigation and fubiequent ads, may not be exported from the plantations, except to fume other plantation, or to Britain : Tobacco, cotton wool, indigo, ginger, furtic, and other dying wood, molaffes, hemp, copper ore, beaver {kins and other furs, pitch, tar, turpentine, mafts, yards, and boltfprits, coffee, pimento, cocoa- nuts, whale fins, raw filk, pot and pearl allies. Rice and lugar were formerly cor prehended in this lift, but their exportation is now permitted under certain re- ftridions. Iron may not be imported to Europe, except to Ireland •, and none of the non-enumeraied may be Im¬ ported to any country north of Cape Finifterre, except the bay of Bifcay and Ireland. 2. For the more effeduai prevention of fmuggling, no goods may be imported in v< ffels belonging to Bii- tifh fubjeds ; and no wine, in any veiled whatever, un- lefs the mafter have a manifeft on board, containing the name, meafure, and built o; the flnp, the place to which it belongs, and a di Ind enumeration of the goods on board, and places wht re they were laden. If the ftiip be cleared from any place under his maje- fty’s dominions, the manifeft muft be attelied by the chief officer of the cuftoms, or chief magiftrate, who is required to tranfmit a copy thereof to the place of deftxnation. Shipmafters muft deliver copies o{ this manifeft to the firft cuftomhoufe officer who goes on board within four leagues of the fliore, and alfo to the fl^ft who goes on board within the limits of any port, and muft deliver the original manifeft to the cuftom¬ houfe at their arrival, and make report of their cargo 4 U 3 upon Cnftom- houfe Laws. LAW [ 708 j LAW Cuftcnv houfe Laws. upon oath. If the report difagree with the manifeft, or either difagree with the cargo on board, the ftiip- mafter is liable in the penalty of 200I. The pro¬ prietors of the goods mull enter them, and pay the duties within 20 days ; otherwife they may be carried to the cuftomhoufe, and fold by auction, if not relie¬ ved within fix months j and the overplus of the value, after paying duty and charges, paid to the proprie¬ tors. 3. The importation of cattle, beef, mutton, and pork, except from Ireland, woollen cloths, malt, and various articles of hardware, cutlery, and earthen ware, is prohibited : Alfo the following goods from Germany and the Netherlands 5 olive oil, pitch, tar, potalhes, ro- fin, fait, tobacco, wines, except Rhenifli wine, and Hungary wines from Hamburgh. 4. The importation of various other goods is re- ilrifted by particular regulations, refpe&ing the time and place of importation, the packages, the burden of the fliip, the requifition of a licenfe, and other circum- ilances. To guard more effe£tually againft clandeftine trade, the importation of fome articles is only permitted in fhips of a certain burden, whofe operations are not ea- fily concealed. Spirits mull be imported in (hips of loo tons or upwards, except rum, and fpirits of Bri- tilh plantations, which are only reftri&ed to 70 tons ; wine, 60 tons j tea, tobacco, and fnuff, 50 tons ; fait, 40 tons. Wine, fpirits, and tobacco are alfo reftrifted in refpeft of the packages in which they may be im¬ ported. 5. Diamonds and precious ftones, flax, flax feed, li¬ nen rags, beaver wool, wool for clothiers, linen yarn unbleached, and moft 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 cuf- toms 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 feveral prolongations, rendered perpetual. A book of rates was compofed for afcer- taining thefe values 5 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 30 per cent, for profit } fuch goods to be fold, and the overplus paid into the cuftoms. Various addi¬ tional duties have been impofed ; fome on all goods, fome on particular kinds j fome according to the rates, fome unconnefted with the rates 5 fome with an al¬ lowance of certain abatements, fome without any al¬ lowance 5 the greater part to be paid down in ready money, and a few for which fecurity may be granted ; often with variations, according to the (hip’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. By this means, the revenue of the cuftoms has be¬ come a fubjeft of much intricacy. The inconveniences which this gave rife to are now removed by the confoli- dation ad j which appoints one fixed duty for each ar¬ ticle free from fradions, inftead of the various branches to which they were formerly fubjed. 7. Goods of mofi: kinds may be exported duty free when regularly entered j and thofe that have paid duty on importation are generally entitled to drawback of 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 manufadured goods, when the materials from which they are manufadured have paid duty on importation ; and manufadures fubjed to excife, have generally the whole or part of the excife duties returned. 8. The following goods are prohibited to be ex¬ ported } white affies, horns, unwrought hides of black cattle, tallow, corn, brafs, copper, engines for knit¬ ting ftockings, tools for cotton, linen, woollen, filk, iron and fteel manufadures, wool, weolfells, wool¬ len yarn, fullers earth, fulling clay, and tobacco-pipe clay. 9. The objed of the laws refpeding 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 importation by a heavy duty j and to prevent i'carcity, by prohibiting the exportation when the prices are high, and permit¬ ting importation at an ealy duty. Various temporary laws have been enaded for theie purpofes, and fome¬ times other expedients employed in times of fcarcity, fuch as prohibiting the diitillery from corn, and manu- fadure of ftarch. 10. Bounties are allowed on the exportation of re¬ fined fugar, fail-cloth, linen under limited prices, filk fluffs of Britilh manufadure, cordage, fpirits when bar¬ ley is under 24s. beef, pork, and the following kinds of fifli, falmon, herrings, pilchards, cod, ling, flake, and fprats. Various other bounties are allowed for the encou¬ ragement of our fiftieries. Ships from 150 to 300 tons employed in the Greenland whale fifhery, and conforming to the regulations prefcribed, are allowed 30s. per ton. Veffels employed in the herring fiffiery receive 20s. per ton, beiides 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 moft fuccefsful veffels employed in the her¬ ring and Newfoundland filheries, and in the fouthern whale fiftiery. It is unneceffary and impradicable, 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, muft convey but very imperfect information 5 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 j which, however, will be fufficient to enable the reader to judge of the principles upon which the Britiffi legif- lature has afted. 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 reftridtions would not prove more ex- tenfive and beneficial j has often been a fubjedt of dif- cuffion. Mercantile LAWS, The laws relating to commercial and Cuftom¬ houfe Laws, Mercantile Laws. LAW [ 709 ] LAW Mercantile and maritime affairs approach nearer to uniformity Laws, through the different countries of Europe, than thoie on ot^er hibjefts. Some of the fundamental regula- L ^ ' . tir>na have been taken from the Roman law ; others have been fuggeded by experience, during the pro- grefs of commerce j and the whole have been gradual¬ ly reduced to a fyftem, and adopted into the laws of trading nations, but with fome local varieties and ex¬ ceptions. The Britilh legiflature has enafled many flatutesre- fpecting commerce j yet the greater part of our mer¬ cantile law is to be collefled from the decifions of our courts of jultice, founded on the cullom of merchants. A proof of fuch cuftom, where no direft ilatute inter¬ feres, determines the controverfy, and becomes a pre¬ cedent for regulating like cafes afterwards. The exig¬ ence of a cuftom not formerly recognized, is, in Eng¬ land, determined by a jury of merchants. The moft common mercantile contrails are tliofc be¬ tween buyer and feller j between faflor and employer; between partners ; between the owners, mafters, ma¬ riners, and freighters of ftrips ; between infurers and the owners of the fubjefl infured ; and between the parties concerned in tranfafling bills of exchange. See Factorage, Sale, Partkership, Insurance, Bill, Sec. and the next article. Maritime Laws. The moft ancient fyftem of mari¬ time laws is that of Rhodes, which was in force dur¬ ing the time of the Grecian empire, and afterwards incorporated into the Roman law. Although, in fome parts, not applicable to the prefent ftate 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 Wifby, in the ifland of Gothland. From thefe fyftems, improved and enlarged in the courfe of time, our general maritime law is de¬ rived. The jurifdi£lion of matters purely maritime belongs, in England, to the court of admiralty, which proceeds on the civil law ; but their proceedings are fubjeft to the controul, and their decifions to the re¬ view, of the fuperior courts. We fiiall here confider the obligations which fubfift between the mafters or owners of (hips, the freighters, and the furnilhers of provifions or repairs. 1. Mojlers and Freighters. A charter party is a con¬ trast between the mafter and freighters, in which the ftiip and voyage is deferibed, and the time and condi¬ tions of performing it are afeertained. The freight is moft frequently determined for the whole voyage, without 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 ; 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 contraSl, in this manner, one hundred tons, or thereby ; and the number mentioned ought not to differ above 5 tons, at moft, from the exaSt meafure. If a certain fum be agreed on for the freight of the fhip, it muft all be paid, although the Ihip, when meafured, Ihould 3 prove lefs, unlefs the burden be warranted. If the (hip be freighted for tranfporting cattle, or Haves, 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 were put on board. When a whole ftiip is freighted, if the mafter fuffers any other goods befides thole of the freighter to be put on board, he is liable for damages. It is common to mention the number of days that the ftiip fliall continue at each port to load or unload. The expreffion ufed is, work weather days ; to fignify, that Sundays, holidays, and days when the weather flops the work, are not reckoned. If the ftiip 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 fhipmafter be not ready to proceed on the voyage at the time agreed on, the merchant maj load the whole, or part of the cargo, on board another ftiip, and recover damages ; but chance, or notorious accident, by the marine law, releafes the mafter from damages. If an embargo be laid on the fhip before it fails, the charter-party 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 fhall be performed when it expires, and neither party is liable for damages. If the ihipmafter fails to any other port than that agreed on, without neceflity, he is liable for damages; if through neeeflity, he muft fail to the port agreed on, at his own expence. If a ftiip be taken by the enemy, and retaken or ranfomed, the charter-party continues in force. If the mailer transfer the goods from his own (hip to another, without neceflity, and they perifh, he is liable for the value ; but if his own fhip be in immi¬ nent danger, the goods may be put on board another fhip at the rifk of the owner. If a ftiip be freighted out and home, and a fum agreed on for the whole voyage, nothing is due tin it return ; and the whole is loft if the ftiip be loft on the return. If a certain fum be fpecified for the homeward voy¬ age, it is due, although the fadlor abroad fhould 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 Maritime Laws. L AW r 7 Maritime ward voyage, and an option referved for the factor at ^aws' Carolina to decline it, unlefs the (hip arrived before ^ j{t of March : the Ihipmafter, forefeeing he could not arrive there within that time, and might be difap- pointed of a frieght, 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 fliip or mafter, the owner is not obliged to receive them and pay freight, but he mud either receive the whole, or abandon the whole •, he cannot choofe thofe that are in bed order, and rejedt the others. If the goods be damaged through the infufficiency of the (hip, the mader is liable for the fame *, but, if it be owing to ftrefs of weather, he is not accountable. It is cudom- ary for fhipmaders, when they fufpeft 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- ilances. If part of the goods be thrown overboard, or taken by the enemy, the part delivered pays freight. The (hipmader is accountable for all the goods re¬ ceived on board, by himfelf or mariners, unlefs they peridi by the aft of God, or of the king’s enemies. Shipmaders are not liable for leakage on liquors ; 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 arifing with regard to freight, w;hen the cafe is doubtful, ought rather to be determined in favour of the (liipmader. 2. Ship and Owners with Creditors. When debts are contrafted for provifions or repairs to a (hip, or arife from a failure in any of the above-mentioned obliga¬ tions, the (hip and tackle, and the owners, are liable for the debt, as well as the mader. By the mercantile law, the owners are liable in all jr.afes, without limitation j but by datute, they are not liable for embezzlement beyond their value of (hip, tackle, and freight. A (hipmader may pledge his (hip for neceffary re¬ pairs during a voyage ^ and this hypothecation is im¬ plied by the maritime law when fuch debts are con¬ trafted. This regulation is necefiary, and is therefore adopted by all commercial nations*, for, otherwife, the mailer might not find credit for neceffary repairs, and the (hip might be lod. If repairs be made at different places, the lad are preferable. The relief againd the (hip is competent to the court cf admiralty in England, only when repairs are fur- nidied during the courfe of a voyage ; for the neceflity of the cafe extends no further. If a (hip 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 provifions on credit, the owners are liable for the debt, though they have given him money to pay them. If a (hip be mortgaged, and afterwards lod at fea, ihe owners mud pay the debt j for the mortgage is o ] LA W only an additional fecurity, though there be no exprefs Ivladdmr words to that purpofe in the covenant. Laws. If a inip be taken by the enemy, and ranfomed, the owners are liable to pay the ranfom, though the ran- fomer die in the hands of the captors. 3. Owners of jhip and cargo with each other. There is a mutual obligation which (ubfids between all the owners of a (h p and cargo. In time of danger, it is often neceffary to incur a certain lofs of part for the greater fecurity of the red ; to cut a cable j to lighten the (hip, by throwing part cf the goods over¬ board ; to run it afhore ; or the like : and as it is un- reafonable that the owners of the thing expofed for the common fafety (hould bear the whole lofs, it is defrayed by an equal contribution among the proprie¬ tors of the (hip, cargo, and freight. This is the fa¬ mous Lex Rhodia de jatlu, and is now called a general average. The cuftom of valuing goods which contribute to a general average, is not uniform in all places. They are generally valued at the price they yield at the port of dedination, charges dedufted ; and goods thrown overboard 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 (ilver, in cafe of goods being thrown overboard, contri¬ bute to the full extent of their intered. The following particulars are charged as general average : Damage fudained in an engagement w ith the enemy j attendance on the wounded, and rewards given for fervice in time of danger, or gratuities to the wi¬ dows or children of the (lain 5 raniom •, goods given to the enemy in the nature of a ranfom 5 charges of bring¬ ing the (hip 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 j holes cut in the (hip to clear it of water j pilotage, when a leak is fprung j damage, when voluntarily run aground, and expence of bringing it afloat j goods lod by being put in a lighter j the long boat lod in lightening the (hip in time of danger j hire of cables and anchors ; charges of laying in ballad, viftualling, and guarding the (hip when detained j charges at law, in reclaiming the fliip and cargo j intered and commif- fion on all thefe difburfi merits. Though goods put on board a lighter, and lod, are charged as a general average •, yet if the lighter be faved, and the fliip with the red of the goods be lod, the goods in the lighter belong to their refpeftive proprietors, without being liable to any contribu¬ tion. If part of the goods be plundered by a pirate, the proprietor or (hipmader is not entitled to any contri¬ bution. The effential circumdances that conditute a general average are the fe j the Ids mud be the effeft of a vo¬ luntary aftion *, and the objeft of that aftion the com¬ mon fafety of the w hole. Quarantine, which is alknv- ed, feems not to fall within this defeription. 4. Quarantine. See Quarantine. q. Wrecks. See Vv RECK. 6. Imprtfs. See IMPRESSING. 7. Infurance. See Insurance, ' Game- 1 L A W [ 71 GAMK-Lawi. See the article Game. Sir William Blackftone, treating of the alterations in our laws, and mentioning franchiles granted of chafe and free warren, as well to preferve the breed of ani¬ mals, as to indulge the fubjedt, adds, “ From a fimilar principle to which, though the foveft laws are now mi¬ tigated, and by degrees grown entirely obfolete j yet from this root has fprung a baftardflip, known by the name of the game /nw, now arrived to and w antoning in its higheft vigour : both founded upon the fame un- reafonable notion of permanent property in wild crea¬ tures •, and both productive of the fame tyranny to the commons 5 but with this difference, that the foreft laws eltabliihed only one mighty hunter throughout the land ; t/ie game laves have raifed a little Nimrod in every manor. And in one refpeCt the ancient law' was much lefs unreafonable than the modern j for the king’s grantee of a chafe or free warren, might kill game in every part of his franchife j but now, though a free¬ holder of lefs than loci, a year is forbidden to kill par¬ tridge upon his ovon eflate, yet nobody elfe (not even the lord of the manor, unlefs he hath a grant of free warren) can do it without committing a trejpafs fub- jecling himfelf to an a cl ion. Under the article Game, the deftroying fueh beafls and fowls as are ranked under that denomination, was obferved (upon the old principles of the foreft law) to be a trefspafs 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 laws called the game laws have alfo inflicted additional pu- niftiments (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 w’hat property or diftin&ion foever, that kill game out of their own territories, or even upon their own eftates, without the king’s licence exprefied by the grant of a franchife, are guilty of the firft ori¬ ginal offence of encroaching on the royal prerogative. And thofe 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 puniftunents fo implacably infli&ed, 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 conftdered 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 offence againft the public police and economy of the commonwealth. The ftatutes for preferving the game are many and various, and not a little obfeure and intricate j 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 w ere probably the penners of ihefe 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 1 ] la w inflifted by the ilatule law, are, 1. The having a free- Gamj- liold eftatc of t ool, per annum ; there being fitly times Lau’s* the property required to enable a man to kill a par- tridge, as to vote for a knight of the fture. 2. A lealehold for 99 years of 150I. per annum. 3. Being the fon and heir apparent of an efquire (a very loole and vague defeription) or perfon of fuperior degree.—. 4. Being the owner or keeper of a for eft, park, chafe, or warren. For unqualified perfons tranigrefling thefe laws, by killing game, keeping engines for that pur- pofe, or even having game in their cuftody, or for per- fons (however qualified) that kill game or have it in poffeflion, 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 affigned, cor¬ poral and pecuniary, by different ftatutes (after men¬ tioned), on any of w hich, but only on one at a time, the juftiees may convift in a fummary wTay, or (in moft of them) profeeutions may be carried on at the affizes. And, laftly, by ftatute 28 Geo. II. c. 12. no perfon, however qualified to kill, may make merchandile of this valuable privilege, by felling or expofing to iaie any game, on pain of like forfeiture as if he had no qualification. The ftatutes above referred to are as follow : No perfon {hall take pheafants or partridges with engines in another man’s ground, without licenfe, on pain of 10I. flat. 11 Hen. VIII. c. 13. If any perfon Ihall 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 Handing 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 j and felling, or buying to fell again, any hare, pheafant, &c. the forfeiture is 10s. for each hare, &c. 1 Jac. I. c. 17. 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 learch for game and nets, in the pofleffion of perfons not quali¬ fied by law to kill game or to keep fueh nets,. 7 Jac. I. c. 11. Conftables, by a w arrant of a juftice- of peace, are to fearch houfes of fufpeifted 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 {hall forfeit for every hare, pheafant, or partridge, not under 55. nor exceeding 20s. And in¬ ferior tradefmen hunting, &e. are fubjedt to the pe¬ nalties of the adf, and may likewife be fued 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, vidtuallers, &c. having in their cuftody hare, pheafant, partridge, heath game, &c, (except fent by feme perfon qualified to kill game), {hall forfeit for every hare and fowl 5I. to be levied by diftrefs and fale of their goods, being proved by one witnefc, before a juftice j and for want of diftrefs {fiaH be committed to the houfe of correction 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 5 where¬ in- LAW [ 7i Game- jn hare nnd other game found in a iliop, &c. is ad- ^a'v8, 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 frit day of July and the firft of September, they fhall forfeit 5s. for every fowl 5 5 Ann. c. 14. 9 Ann. c. 25. If any unqualified perfon (hall keep a gun, he rtiall forfeit 10I. j and perlons being qualified may take guns from thofe that are not, and break them ; 21 and 22 Car. II. c. 25. and 3.3 Hen. VIII. c. 6. Onejuftice of peace, up¬ on examination and proof of the offence, may commit the offender till he hath paid the forfeiture of 10I. And perfons, not qualified by law, keeping dogs, nets, or otker engines to kill game, being convifted thereof before a juftice of peace, {hall forfeit 5I. or be fent to the houfe of correftion for three months j and the dogs, game, &c. (hall be taken from them, by the ftatute 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. But it was otherwife adjudged, Mich. 33 Car. II. in C. B. 2 Cro. 44. and fee 3 Lev. xxviii. In aflions of debt, qui tam, &c. by a common informer on the ftatute 5 Ann. for 15]. 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- di<5t for 5I. only : this a61 ion 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 fuits and aflions 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, (hall be brought before the end of the fecond term after the offence committed. By 28 Geo. II. c. x 2. perfons felling, or expofing to fale, any game, are liable to the penalties inflidted by 5 Ann. c. 14. on higglers, &c. offering game to fale : and game found in the houfe or poffeffion of a poulterer, falefman, fiftimonger, cook, or paftry 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- llody, any partridge between 12th February and iff September, or pheafant between iff February and iff Oftober, or heath fowl between iff January and 20th Auguft, or groule between iff December and 25th July, in any year ; 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 Weftminfter. By this aft, likexvife, 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 profecutor, with dou¬ ble cofts •, and no part thereof to go to the poor of the parifti. By 5 Geo. III. c. 14. perfons convifted of enter¬ ing warrens in the night time, and taking or killing coneys there, or aiding or aflifting therein, may be puniihed by tranfportation, or by whipping, fine, or Imprifonment. Perfons convifted on this aft, not liable to be convifted under any former aft. This aft does 2 ] LA W not extend to the deftroying coneys in the day time, Game. on the fea and river banks in the county of Lincoln, Laws, &c. No fatisfaftion to be made for damages occafioned by entry, unlefs they exceed is. It may not be improper to mention an aft lately made, and not yet repealed, viz. 10 Geo. III. c. 19. for prefervation of the game, which (hows the importance of the objeft. It is thereby enafted, That if any perfon kill any hare, &c. between funfetting and funrifing, or ufe any gun, &c. for de¬ ftroying game, he ihall for the firft offence be imprifoned for anytime not exceeding fix nor lefs than three months: if guilty of a fecond offence, after conviftion of a firft, to ije imprifoned for any time not exceeding 12 months nor lefs than fix ; and ihall alfo within three days after the time of his commitment, either for the firft or for any other offence, be once publicly whipped. By 25 George III. c. 50. and 31 George III. c. 21. every perfon in Great Britain (the royal family ex¬ cepted), who (hall, after July 1. 1785, ufe any dog, gun, net, or other engine, for the taking or deftruftion of game (not afting as gamekeeper), (hall 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 annually take out a certificate thereof j and every fuch certificate {hall be charged with a ftamp duty of 2l. 2s. (and an additional ll. is. by 31 George III. c. 21.) making in the whole 3I. 3s.—Every deputation of a gamekeeper (hall be regiftered with the clerk of the peace, and fuch gamekeeper (hall annually take out a certificate thereof-, which certificate (hall be charged with a ftamp duty of 10s. 6d. (and an additional 10s. 6d. by 31 Geo. III. c. 21.), making in the whole ll. is.—The duties to be under the management of the commiflioners of the ftamp office. From and after the faid iff: of July Ij8j, the clerk of the peace (hail annually deliver to perfons requiring the fame, duly ftamped, a certificate or licenfe ac¬ cording to the form therein mentioned, for which he {hall be entitled to demand is. for his trouble j and on refufal or negleft to deliver the fame, forfeit 2ol.— Every certificate to bear date the day when iffued, and to continue in force to the ift day of July then fol¬ lowing, on penalty of 20I. After the ift day of July 1785, any perfon that fhall ufe any grehound, 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 20L And if any gamekeeper (hall, for the fpace of 20 days after the faid ift day of July, or if any gamekeeper thereafter to be appointed fhall, for the fpace of 20 days next after fuch ap¬ pointment, negleft 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 2ol. Thefe lifts are to be kept at the ftamp office in London, and there to be in- fpefted on payment of is. : And the commiflioners 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 publifhed in the newfpapers circulating in each county, or fuch public paper as they fhall think Bioft proper. Gamekeepers L A W f Gamekeepers were firft introduced by the qualifica¬ tion aft, 22 and 23 Car. II. c. 25. and 1’ubfequent lla- 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 fhall 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 whole appointment they afted. By 3 Geo. I. c. II. no lord of a manor is to ap¬ point any perfon to be a gamekeeper with 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 the laid lord. Offences Sgainff this aft to be puniffied with pecuniary fines. Gamekeepers are enumerated among the different Befcriptions of fervants, chargeable with the duty under 25 Geo. III. c. 43. If any gamekeeper, who {hall 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 purfuit of game, who {hall refufe to produce his certificate, or to tell his name or place of abode, or {hall give in any ialfe or fiftitious name or place of abode to any perfon requiring the fame, who {hall have obtained a certifi¬ cate, is liable to the penalty of 50I. The certificates are not to authorize perfons to kill game at any time prohibited by lawq nor to give any perfon any right to kill game, unlefs fuch perfon fnall be qualified fo to do by the laws 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 {fill Hands upon the for¬ mer afts of parliament; and any unqualified perfon kil¬ ling 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.] Witnefles refufing to appear on juftices fummons, or appearing and refufing to give evidence, forfeit 10I. 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 deputation or appointments was given and made. Perfons coun¬ terfeiting {lamps to fuffer death as felons. Penalties exceeding 20I. are to be recovered in any of his majefty’s courts of record at Weftminfter j 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 I ft February to firft Ofto* Vol. XI. Part II. 3 ] LAW ber, in each and every year, having any gun or en¬ gine to kill or take any hare, pheafant, partridge, heathfowl, commonly called black game, or grous, com¬ monly called red game, or any other game ; or perfons aiding them with offenfive weapons, may be apprehend¬ ed, and, on conviftion before a juftice, {hall be deem¬ ed rogues and vagabonds, within the meaning ®f 17 Geo. III. c. 5. &c. Military Law. See Military and Marine. LAW, John, the famous projeftor, was the eld- eft fon of a goldfmith in Edinburgh, by Elizabeth Campbell, heirefs of Lauriefton near that city $ and was born about the year 1681. He was bred to no bufinefs j but poflefled great abilities, and a very fertile invention. He had the addrefs, when but 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 languilhed •, he propofed to them, for thefe purpofes, the eftabliftiment of a bank of a particular kind, which he feems to have imagined might ifiue 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 graceful in his perfon, and much addifted to gallantry and finery; and giving a fort of ton at Edinburgh, he w'ent 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 antago- nift ; 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 j and was banifhed 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 lingular bets and wagers, which feemed to be ad¬ vantageous to thofe who were curious after novelty , but wrhich were always of the moft certain fuccefs with regard to him. He arrived at Turin, and propofed his fyftem to the duke of Savoy, who faw' at once, that, by deceiving his fubjefts, he would in a ftiort time have the whole money of the kingdom in his pof- feflion : but that fagacious prince alking him how his fubjefts W'ere to pay their taxes when all their money fhould be gone, Law was difconcerted, not expefting fuch a queftion. Having been baniftied from Italy, and thns repulfed at Turin, Law proceeded to Paris, where he w'as al¬ ready known as a prqjeftor. In the lifetime of Louis XIV. he had tranfmitted his fchemes to Defmareft and to Chamillard, who 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 tQ LAW C 7 law. to remark fuch of them as were pra&kable. Noailles called in the affiftance of feveral merchants and bank¬ ers, who were averfe to the fyftem. Law then propof- ed the eftablilhment of a bank, compofed of a com¬ pany, with a ttock of fix millions. Such an inftitu- tion promifed to be very advantageous to commerce. An arret of the 2d March 1716 eftablifhed this bank, by authority, in favour of Law and his affociates j two hundred thoufand fhares were inftituted of one thou- iand livres each ; and Law depofited in it to the value of two or three thoufand crowns which he had accumu¬ lated in Laly, by gaming or otherwife. This eftablifh- ment very much difpleafed the bankers, becaufe at the beginning bufinefs was tranfacfed here at a very fmall premium, which the old financiers had charged very highly. Many people had at firft little confidence in this bank ; but when it was found that the payments were made with quicknefs and punctuality, they began to prefer its notes to ready money. In confequence of this, (hares rofe to more than 20 times their original Value 5 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 almofi: overthrew the French government, ruining feme thoufands of fami¬ lies ; and it is remarkable, that the fame defperate game Was playing by the South fea directors in England, in the fame fatal year, 1720. Law being exiled as foon as the credit of his projeCts began to fail? retired to Venice, where he died in 1729. The principles upon which Law’s original fcheme was founded, are explained by himfelf in A Difcourfe con¬ cerning Money and Trade, which he pub 1 idled in Scot¬ land where (as we have feen) he firfl. 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), itill continue to make an im- preftion upon many people, and have perhaps in part contributed to that excefs of banking which has of late been complained of both in Scotland and in other places.” LAW, Edmund, D. D. bifiiop of Carlifle, was born in the parifh of Cartmel in Lancafhire, in the year 1703. His father who was a clergyman, held, a fmall chapel in that neighbourhood j but the family had been fituated at Alkham, in the county of Welt more- land. He was educated for fome time at Cartmel fchool, afterwards at the free grammar fchool at Ken¬ dal j from which he went, very^well infiruCted in the learning of grammar fchools, to St John’s college in Cambridge. Soon after taking his firft degree, he was elefted fel¬ low of Chrift college in that univerfity. During his refi- dsnee in which college, he became known to the pub¬ lic by a tranflation of Arcbbifhcp King’s Efiay upon the Origin of Evil, with copious notes ; in which many metaphyfical fubjedls, 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 dilTertation, a very valuable piece, written by the reverend Mr Gay of Sidney col¬ lege, Our bifirop always fpoke of this gentleman in terms of the greateft refpeeft. In the Bible, and in the writings of Mr Locke, no man, he ufed to fay, was fo \iw 11 verfed.. 4 } LAW He alfo, whilft at Chrift college, undertook and Law went through a very laborious part in preparing for~v the prefs an edition of Stephens’s Thefaurus. His ac¬ quaintance, during this his firft refidence in the univer¬ fity, was principally with Dr Waterland, the learned mafter of Magdalen college ; Dr Jortin, a name known to every fcholar; and Dr Taylor, the editor of the Demofthenes. In the year 1737 he was prefented by the univerfity to the living of Grayftock in the county of Cumber¬ land, a redfory of about 300I. a-year. The advowfon of this benefice belonged to the family of Howards of Grayftock, but devolved to the univerfity, for this turn, by virtue of an aft 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 Homan Catholic. The right, however, of the univerfity was conte,fted 5 and it was not till after a law fait of two years continuance that 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 j a lady whofe character is remembered with ten- dernefs and efteem by all who knew her. In 1743, he was promoted by Sir George Fleming, bifhop of Carlifle, to the archdeaconry of that diocefe 5 - and in 1746 went from Grayftock to refide at Salkeld, a pleafant village upon the banks of the river Eden, the reftory of which is annexed to the archdeaconry. Mr Law was not one of thofe who lofe and forget themfelves in the country. During his refidence at Salkeld, he publilhed Confiderations on the jlheory of Religion : to which were fubjoined, Refleftions on ths Life and Charafter of Chrift 5 and an Appendix con¬ cerning the ufe of the wTords Soul and Spirit in ho- ly Scripture, and the ftate of the dead there de- feribed. Dr Keene held at this time, with the bifhopric of Chefter, the mafterlhip of Peterhoufe in Cambridge. Defiring to leave the univerfity, he procured Dr Lav/ to be elefted to fucceed him in that ftation. This took place in the year 1756 ^ in which year Dr Law refigned his archdeaconry in favour of Mr Eyre, a bro¬ ther-in-law of Dr Keene. Two years before this, he bad proceeded to bis degree of doftor of divinity : in his public exercife for which, he defended the doflrine of what is ufually called the “ fleep of the foul.” About the year 1760, he was appointed head libra¬ rian of the univerfity; a fituation which,-as it pro¬ cured an eafy and quick accefs to books, was peculiar¬ ly agreeable to bis tafte and habits. Some time after this, he was alfo appointed cafuiftical profeffor. In the year 1762, he fuftered an irreparable lofs by the death of his lady ; a lofs in itfelf every way affii&ing, and rendered more fo by the fituation of his family, which then confifted of eleven children, many of them very young. Some 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- varcls archbilhop of Canterbury, who had been his pupil at Ghrift college, he was appointed to the arch¬ deaconry of Staffordfhire, and to a prebend in ths church of Litchfield. By his old acquaintance Dr Green, bifliop of Lincoln, he w as made a prebendary Z LAW t 7 tvFtlrat cliurch. But in tKe year 1767, by the inter¬ vention of the duke Newcaftle, to whofe inter eft in the memorable conteft for the high fte ward tin p of the univerfity, he had adhered in oppohtion to iome temp¬ tations, he obtained a ftall in the church of Durham. The year after this, the duke of Grafton, who had a ftiort time before been elected chancellor of the univer- fttv, recommended the matter of Peterhoufe to his ma- jeity for the bithopric of Carlifle. This recommenda¬ tion was made not only without folicitation on his part or that of his friends, but without his knowledge, until the duke’s intention in his favour was fignffied to him by the archbiihop. * About the year 1777, Biftiop 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 character 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 publifhed a tract, which engaged fome attention in the controverfy con¬ cerning fubicription } and he publilhed new editions of bis two principal works, with conliderable additions, and fome alterations. Dr Lavr held the fee of Carlifle almoft 19 years*, during which time he twice only omitted {pending the fummer months in his diocefe at the bifhop’s refidence at Bofe Caftle $ a fituation with which he was much pleafed, not only on account of the natural beauty of the place, but becaufe it reltored 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 ftate of great weaknefs and exhauftion : and died at Rofe Caftle about a month after his arrival there, on the 14th day of Auguft, and in the 84th year of his age. The life of the biftiop of Carlifle w-as a life of incef- fant reading and thought, almoft entirely directed to nietapbyfical and religious inquiries. Befides the works already mentioned, he publifhed, in 1734 or I735» a very ingenious Inquvy into the Ideas of Space and I ime, &c. in which he combats the opinions of Dr Claike and his adherents on thefe fubjefts: but the tenet by which his name and writings are principally diftinguifh- ed, is “ that Jefus Chrift, at his fecond coming, will, by an aift 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 infenfibility to which the death brought upon mankind by the fin of Adam had reduced tnem. lie interpreted literally that faying of St Paul, j Cor. xv. 21. “ As by man came death, by man came alfo the refurreftion of the dead.'’ i his opi¬ nion had no other effeft upon his own mind than to in- creafe his reverence for Chriftianity, and for its divine Founder. He retained it, as he did his other fpecula- tive opinions, without laying, as many are wont to do, an extravagant ftrefs upon their importance, and with¬ out pretending t« more certainty than the iubjt Long. 2. 15. N. Lat. 51. 42. LECHNICH, a town of Germany, in the circle of the lower Rhine, and in the eledtorate of Cologne. E. Long. 6. 35. N. Lat. 30. 40. LECTI, beds or couches, were of two kinds amongft the Romans, as being dettined to two different ufes, to lie upon at entertainments, and to repofe upon for nightly reft. 1 he firft were called leBi trichniares, the other leBi cubicularii. See Beds. LECTICA, was a litter or vehicle in which the Romans were carried. It was of two kinds, covered and uncovered. The covered ledlica 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 leBicarii. The ledfiea differed from the fella, for in the firft the traveller could recline himfelf for lleep, in the latter he was obliged to fit. The leftica was invented in Bithynia ; the fella was a Roman ma¬ chine, and efteemed the more honourable of the two. Ledfica w'as alfo the name of the funeral bed or bier for carrying out the dead. LECTICARII, among the Romans, fervants who carried the Lectica. LECTICARIUS was alfo an officer in the Greek church, whofe bufinefs it was to bear off the bodies of thofe w’ho died, and to bury them. Thefe were other- W’ife denominated decani and copiatce. LECTIO, Reading. Confidered in a medicinal view, it is faid by Celfus, lib. i. cap. 4. to be bad, efpecially after 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 diredled by Paulus iEginetus as an exercife, lib. i. cap. 19. LECTISTERNIUM, 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 ledftifternium 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 facred banquet was called epulum. See Epulo, Epulum, &c. Something like the leftifternium was occafionally obferved among the Greeks, according to Cafau- bon. LECTORES, among the Romans, fervants in great men’s houfes, who were employed in reading while their mafters were at fupper. They were called by the Greeks ANA.GNOSTJE. LECTOURE, an ancient and ftrong town of France, in Gafcony, with a caftle and a bifhop’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 parifh churches, diftinft from the redtor, vicar, and curate. They are chofen by the veftry, or chief 3 inhabitants of the parifh, fupported by voluntary fub- Le&urerj fcriptions and legacies, and are ufually the afternoon I) preachers in the Sunday fervice. The term is alfo, ^ee‘ more generally applied to thofe who preach on Sun- v day, or on any ftated day of the week, in churches, or other places of public worfliip. By 13 and 14 Car. II. cap. 4. lecturers in churches, unlicenled, and not con¬ forming to the liturgy, fhall be difabled, and fhall alfo fuffer three months imprifonment in the common gaol 5 and two jufiices, or the mayor in a town corporate, fhall, upon certificate from the ordinary, commit them accordingly. Where there are ledfures founded by the donations of pious perfons, the ledfurers are appointed by the founders without any interpofition or confent of redtors of churches, &c. though with the leave and ap¬ probation of the bifhop ; fuch as that of Lady Moyer’s at St Paul’s. But the ledlurer is not entitled to the pulpit, without the confent of the redlor or vicar, who is poflefTed of the freehold of the church. LEDA, in fabulous hiftory, a daughter of King Thefpius and Eurythemis, who married Tyndarus king of Sparta. She was feen bathing in the river Eurotas by Jupiter, when fhe w as feme few days advanced in her pregnancy, and the god, ftruck with her beauty, re- folved to deceive her. He perfuaded Venus to change herfelf into an eagle, while he affumed the form of a fwan, and after this metamorphofis Jupiter, as if fear¬ ful of the tyrannical cruelty of the bird of prey, fled through the air into the arms of Leda, who willingly flickered the trembling fwan from the aflaults of his fuperior enemy. The carefles with which the naked Leda received the fwan, enabled Jupiter to avail him¬ felf of his fituation, and nine months after this ad¬ venture the wife of Tyndarus brought forth two eggs, of one of which fprung Pollux and Helena, and of the other Caftor and Clytemneftra. The tw-o 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 ; and they farther mention, that Leda was intrufted i\ith the education of the children w'hich fprung from the eggs brought forth by Nemefis. To reconcile this di- verfity of opinions, others maintain that Leda received the name of Netnefs after death. Homer and Hefiod make no mention of the metamorphofis of Jupiter into a fwan, w'hence fome have imagined that the fable was unknown to thofe two ancient poets, and probably invented fince their age. LEDBURY, a town of Herefordftiire 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. 2C. 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 WildRofmary ; a ge¬ nus of plants belonging to the decandria clafs \ and in the natural method ranking under the 18th order, Bu comes. See Botany Index. LEE, an epithet ufed by feamen to diftinguifh 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. LEE [7 chiefly ufed when the wind crofles the line of a (hip’s courfe, fo that all on a fide of her is called to 'wind- weird, 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 fhore ; i. e. at a Ihort diftance from the Ihore which lies to windward. This phrafe is commonly underftood to exprefs the fituation of a vefiel anchored, or failing under the weather-lhore, where there is always fmoother water, and lefs danger of heavy feas, than at a great diftance from it. Lee Larches, the fudden and violent rolls which a (hip often takes to the leeward in a high fea, parti¬ cularly when a large wave ftrikes her on the weather- fide. Lee-Side, all that part of a (hip or boat which lies between the maft and the fide fartheft from the direc¬ tion of the wind •, or otherwife, that half of a (hip which is prefled down towards the water 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-fide. I hus admit a (hip to be failing fouthward, with the wind at eaft, then is her (larboard or right fide the leefide; and the lar¬ board, or left, the weatherfide. LEE-Stone. See LEE- Penny. LEE.-Way. See Navigation. LEE, Nathaniel, a very eminent dramatic poet of the laft century, was the fon of a clergyman, who gave him a liberal education.—He received his firft rudiments of learning at Weftminfter fchool; from whence he went to Trinity college, Cambridge.— Coming to London, however, his inclination prompt¬ ed him to appear on the theatre •, but he was not more fuccelsful in reprefenting the thoughts of other men, than many a genius befides, who have been equally unfortunate in treading the ftage, although they knew fo well how to write for it. He produced 11 tragedies, all of which contain a very great por¬ tion of true poetic enthufiafm. None, if any, ever felt the paffion of love more truly j nor could any one deferibe it with more tendernefs. Addifon commends his genius highly; obferving, that none of our Eng- li(h poets had a happier turn for tragedy, although his natural fire and unbridled impetuofity hurried him beyond all bounds of probability, and fometimes were quite out of nature. The truth is, this poet’s imagi¬ nation ran away with his reafon •, fo that at length he became quite crazy j 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 (faid 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 difeharged from his me¬ lancholy confinement 5 but he did not long furvive his enlargement, dying at the early age of 34. Cibber, in his Lives of the Poets, fays he periftied unfortunately in a night ramble in London ftreets.—His Theodofius and Alexander the Great are flock plays, and to this day are often a£led with great applaufe. The late Mr si LEE Barry was particularly fortunate in the chara&er of Lee the Macedonian hero. fee~t>e LEE-Penmj, or Leefione, 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 (tone of a dark red colour and triangular (liape, 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 erofs being very plain, as it is on his (hillings.—It has been, by tradition, in the Lee family fince the year 1320 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, whojuft about this time borrowed a large fum of money from Sir William de Lendfay, 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 witnefled by the principal nobility of the country, is ftill remaining among the family papers. As tins 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 ranfom him j and on counting out the money or jewels, this (lone fell out of her purfe, which (lie haftily fnatched up : 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 bead. It is ufed by dip¬ ping the (lone 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 walked with the water. There are no words ufed in the dipping of the (lone, 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 Yorkftiire, to get the water in which the (lone 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 fuai in truft for the loan $ 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 refiding at Lee. LEE [ 726 1 LEE We have given this biftory, not on account of the utility of the information, but as a proof of the fuper- ftition of the times. None of the virtues which the ftone was formerly fuppofed to poffefs, are now aferibed to it, excepting, we believe, in the cafe of fume of the difeafes of cattle j and even thefe in more enlighten¬ ed times will become daily lefs numerous and lefs powerful. LEECH, in Zoology. See Hirudo, Helmintho¬ logy Index. Leeches, in a fliip, the borders or edges of a fail which are either Hoping or perpendicular. The leeches of all fails whofe tops and bottoms are parallel to the deck, or at right angles to the maft, are denominated from the (hip’s fide, and the fail to which they belong •, 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 refpe£t to the (hip’s length j as the fore leech of the mizen, the after- leech of the jib or fore-ftay fail, &c. LEECH Lines, certain ropes fattened 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. LEECH Rope, a name given to that part of the bolt- rope to which the border or (kirt 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-Rope, 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 affiftants ; and by Charles II. wdth a mayor, 1 2 aldermen, and 24 afliftants. It has been a long time famous for the woollen manufacture, and is one of the largeft and moft flouriftiing 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, Weftmortland, Chefter, Stafford, War¬ wick, Leicefter, Oxford, Worcefter, &c. Here is a long ttreet full of (hops, and a hall for the fale of cloth, built in 1758. The merchants of this place, York, and Hull, (hip 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 (landings are fo near each other ; and perhaps 20,000). worth of cloth is fold in an hour’s time. At half a hour after eight the bell rings again, when the clothiers make room for the linen- drapers, hardware men, (hoemakers, fruiterers, &c. At the fame time the (hambles are well ttored with all forts of fi(h and fle(h ; 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 ilatue of Queen Anne, ereCled about the year 1714. Its river being navigable by boats, they fend other goods, befides their cloth, to Wakefield, York, and Hull, and furnifli York with coals. There is a houfe called Red hall, becaufe it w'as the firft brick building in the town, and King Cnarles I. had an apartment in it, which is ever fince called the King's chamber. There is another place called Tower hill, on which there was once a tower j befides which, there was a cattle which King Stephen befieged in his march to Scotland. Here was alfo a park, where are now inclolures. There is a workhoufe here of free ftone, where poor children are taught to mix wool, and perform other eafy branches of that manufacture, and a part of it has been ufed many years as an hofpital for the reception 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 only parochial church, the delivery of the law to Mofes is finely painted in frefco by Parmentier. It is a venerable free ftone pile built in the cathedral falhion, and feems to have been the patch work of feveral ages. The increafe of build¬ ing in Leeds in the year 1786, was nearly 400 houfes. The population in 1801 amounted to 30,669. There is a Prefbyterian meeting-houfe here, erefted in 1691, called the new chapel, which is the ftatelieft, if not the oldeft, of that denomination in the north of England : and in the town and its fuburbs are feveral other meet- ing-houfes, as is always obfervable in towns of great trade and manufacture. It is noted for feme medicinal fprings $ one of which, called St Peter's, is very cold, and has been found very beneficial in rheumatifms, rickets, &e. Here is an hofpital for relief of the poor who had been honed and induftrious, endowed with Sol. a-year, befides 10I. a-year for a mafter to read prayers and inftruft them ; alfo a free fchool. Its mar¬ kets are Tuefdays and Saturdays, and the market-laws are more ftriCtly obferved here than anywhere. It has two fairs in the year. Leeds, though a large town, fends no members to parliament. LEEK. See Allium, Botany Index ; and for its culture, fee Gardening. Lelk, a town of Staffordlhire in England, 155 miles from London. It lies among the barren moor¬ lands, has a manufaClure of buttons, a market on Wed- nefday, and feven fairs in the year. In the church¬ yard, at the fouth-eaft corner of the chancel, are the remains of a Danifli crofs, now upright, and 10 feet high from the ground, beneath which are three fteps. In Blue-hills in the neighbourhood are coal mines j and a fait dream comes from thence, which tinges the (tones and earth through which it runs with a rufty co¬ lour, and, with the infufion of galls, turns as black as ink. Here are rocks of a moft furprifing height, with¬ out any turf or mould upon them. LEER, in glafs-making, a fort 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 direCtly above the melting furnace, with a partition between them of a foot thick, in the midft whereof there is a round hole, placed exa£lly over the furnace, through which the flame ar d heat pafs into the tower: on the floor of this tower the veffels are fet to anneal. There are two openings by which the veffels are put into this tower, and after (landing there LEE forrie time, they are put into iron pans, which by de¬ grees are drawn out all along that part of this furnace, which is properly called the leer ; which is five or fix yards long, that the velfels may cool by degrees. This leer is continued to its tower and arched all along, and is ?ibout four feet wide, and high within. The glaffes are cool by that time they are brought to the mouth of this, which enters into a room where the glaffes are placed when taken out. LEES, the groffeft and moft 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 hmus, “ mud,” or from Lyeus, one of the furnames of Bacchus •, or, according to Du Cange, from lia, 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 hav¬ ing fqueezed out the remains of the liquor in preffes. LEE F, or Court Leet Qleta vifus franci plegii)y is a court of record, ordained for punifhing offences againft the crown } and is faid to be the moft ancient court of the land. It inquires of all offences under high treafon ; but thofe w'ho are to be puniffned with lofs of life or rm-mber, are only inquirable and pre- fentable here, and to be certified over to the juftiees of aflize, (Stat. I. Edvv. III.). And this court is called the view of frank pledge, becaufe the king is to be there certified by the view of the fteward, 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 punifliment 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 town in fouthern A- frica, fituated in 26° 30' S. Eat. and 27® E. Long. A river runs through the midft of it, which from the extent of the channel muft be fometimes of confiderable magni¬ tude. This town, w'hich w'as difcovered by a miflion from the Cape of Good Hope in 1801 and 1802, is computed to be fully of as great extent as CapeTown 5 but the exa£t number of the houfes, fays Mr Barrow, could not be afcertained, owing to the irregularity of the ftreets 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 12 to 15 feet diameter } the floor confifts of hard beaten clay, raifed four inches above the fiarface of the enclofure. One-fourth of it, commonly facing the eaft, is entirely open, the other three-fourths walled up with clay and ftones, to the height of about five feet. The people depofit their valuable articles in another apart¬ ment defcribed w ith the fame radius as the former, fuch as fkin clothing, ivory ornaments, knives and other ar¬ ticles, which to them are of effential fervice. In this alfo the elder part of the family take their repofe, and the children deep in the half-clofed viranda. The whole houfe is covered with a roof in the form of a tent, fupported by poles built into the wall. The r 727 1 LEG roof is thatched with reeds, bound together with lea¬ thern thongs. The inhabitants preferve their grain and pulfe in large clay veflfels adjacent to the houfe, exhi-, biting the appearance of large oil jars, and fome of them containing about 200 gallons. The regularity and decorum with which the people of Leetakoo conduft themfelves, give a very favourable opinion of them, as being greatly fuperior to favages, and evince them to be bordering on a ftate of civiliza¬ tion, which it would be no difficult matter to introduce among them. They are friendly, peaceable, and in- offenfive, and appear to live under a government which may be denominated purely patriarchal, and the chief of confequence muft be the idol of the people. They do not appear to have any particular form of religious worfhip, 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 alfo to believe that there is a power diredting the operations of nature, who is infinitely fuperior to themfelves, and to whofe influence they are fubje£L Barrow's Travels to Cochin-China. Appendix. LEEWARD Ship, a veflel that falls much to leeward of her courfe, when failing clofe hauled, and confe- quently lofes much ground. To LEEWARD, towards that part of the horizon which lies under the lee, or whither the wind bloweth. Thus, “We faw a fleet under the lee," and, “ We faw a fleet to leeward" are fynonymous expreffions. LEG, in Anatomy, 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, N0 60. LEGACY, in Scots L.aw, a donation by one perfon 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 a latere, legates de latere, and legates by office, or legati nati: of thefe the moft confiderable are the legates a latere, the next are the legates de latere. See the ar¬ ticle Latere. Legates by office are thofe 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 archbfthop of Rheims and Arles : but the au¬ thority of thefe legates is much inferior to that of the legates a latere. The power of a legate is fometimes given without the title. Some of the nuncios are invefted with it. It was one of the ecclefiaftical privileges of England from the Norman conqueft, that no foreign legate fhould be obtruded upon the Englifh, unlefs the king, ffiould defire it upon fome extraordinary emergency^, as when a cafe was too difficult for the Englifti pre¬ lates to determine. The term legate comes from legatus, which Varro derives from legere, “ to choofe 5” and others from le- gare, delegare, “ to fend, delegate.” Court of the LEGATE, was a court obtained by Car¬ dinal Wolfey of Pope Leo X. in the ninth year of Henry YIII. wherein he,, as legate of the pope, had power Lectakoo n Legate. / LEG r 728 ] LEG Legate power to prove wills, and difpenfe with offences a- gainft the fpiritual laws, &.c. It was but of Ihort con¬ tinuance. LEGATEE, in Scots Law, the perfon to whom a legacy is provided. LEGATIO libera, was a privilege frequently ob¬ tained of the {fate, by fenators of Rome, for going into any province or country, upon their own private bufinefs, in the quality of /egati or envoys from the fe- nate, that the dignity of this nominal office might fe- cure them a good reception, and have an influence cn the management of their concerns. The cities and towns through which they palled 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 with any attual truft. LEG AT US, 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 advife. They were gene¬ rally chofen by the confuls, with the approbation of the fenate. As to the number of the legatt, we have no certain information, though we may upon good grounds affign one to every legion. In the ablence of the conful or proconful, they had the honour to ufe the fafces. Under the emperors there were two forts of legatt, confulares and prcetorii. The firfl commanded whole armies, as the emperors lieutenant-generals j and the other had the command of particular legions. The leg at i under the proconfuls in the provinces, ferved forjudging inferior cauTes, and management of fmaller concerns, remitting things of great moment to the governor or prefident himfelf. rl his was the ori¬ ginal office of the legati, as was hinted above •, though, as we have feen, they were afterwards admitted to com¬ mand in the army. LEGEND, any idle or ridiculous flory told by the Romanilfs concerning their faints, and other perfons, in order to fupport the credit of their reli¬ gion. The legend w as originally a book ufed in the old Romiffi 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 w'ere read out of them at matins, and at the refedlories of religious houfes. Among thefe the golden legend, legend, which is a colle£Uon of the lives of the faints, was re- ceived in the church with great applaufe, which it maintained for 200 years j though it is fo full of ridi¬ culous and romantic itories, that the Romanifts them- felves are now affiamed of it. Legend is alfo ufed by authors to fignify the words or letters engraven about the margin, &c. of coins. Thus the legend of a French crown is, sit NOMEN DOMINI BENEDICTVM } that of a moidore, IN hoc signo vinces : on thofe of the laft emperors of Conftantinople, we find IESVS CHRISTVS BASILEVS BASILEON, IHS XPS NIKA, IESVS CHRISTVS VINCIT. Legend is alfo applied to the infeription of medals, which ferves to explain the figures or devices reprefent- ed on them. In ftriclnefs, the legend differs from the infeription j this laft properly fignifying words placed on the reverfe of a medal, in lieu of figures. It feems as if the ancients had intended their medals ffiould ferve both as images and as emblems j the for¬ mer for the common people, and the other for perfons of tafte and parts j the images to reprefent the faces of princes j emblems their virtues and great adtions j 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 •, that on the front, and that on the reverfe. The firft generally ferves only to diftinguiffi the perfon by his name, titles, offices, &c. the latter is intended to exprefs his noble and virtuous fentiments, his good deeds, and the ad¬ vantages the public has reaped by him. This, however, does not hold univerfally ; for fometimes we find the titles ffiared between both fides, and fometimes 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 j and the re¬ verfe is fome fymbol of the city, &c. frequently with¬ out a legend, fometimes with that of one of its magi- ftrates. 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 be¬ nefits done by them to the empire. 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 philofophical principles. Of thefe we {hall prefent our readers with a fele&ion of the beft that have been either explained in books or publicly exhi¬ bited. Sect. I. Performances with Cups and Balls. Prelimi- The following method of exercifing this fimple and nary expla- ingenious amufement is that pra&ifed by one Mr nations. 0 Kopp a German, whofe performances are defervedly prefered 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 requifite dexterity or Height of hand $ it is neceffary alfo to take off the attention of the fpedators by fome entertaining difeourfe •, which not only prevents difeo- very, but adds greatly to the amufement of the com¬ pany ; for which reafon, fuch difeourfe is inferted in this article. To play this part properly, the performer on cups and $e£L I. Perform¬ ances with Gups and Balls. Plate CCXG. *2- «• Tig. 2. I,'2- 3* Fig. 4. Fi f-S* and balls ought io provide himfelf with a bag about 12 inches long, and from eight to ten in depth. The infide mud; be furnifhed with a number of pockets toj for holding the feveral articles necelfary in the amufe- rr.ent j and this bag the performer mull; hang before him. The materials neceffary for the performer are, 1. Three white polilhed tin cups, reprefented by A, B, and C (fig. 1.) in the lhape 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- fieient 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's ; which is ufually made of ebony, and neatly tipt with ivory at both ends. This is frequently ufed for ftriking on the cups j and being held in the hand where the balls are alfo kept, it gives the operator an opportunity of keeping that hand generally (hut, or of varying its pofition, in order to avoid being difcovered. The balls are made of cork, blackened by (light burn¬ ing on the outfide. The 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 ball, at which time the fpeftators are to fuppofe that it is kept in the other hand, or that it w-as pafled under a cup j but if it is made to reappear when held fecretly in the hand, they mud believe that it came out of the place lad 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 didance, 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, led it (liould fall down and difeover the fecret. In or¬ der to make it appear, we mud 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 fliould be turned from the fide of the table on which the opera¬ tor is playing. While this part of the trick is performing, the ope¬ rator mud let the fpe&ators know that the ball has been paffed under a cup, or into another hand ; and in the fird cafe he makes a motion with the hand (as reprefented fig. 4.), indicating that he had thrown it through the cup j at which time alfo he conjures it, approaching the two fingers of the right hand towards the left, which lad he holds open, and makes a motion as if the ball had been placed there, (hutting the left hand indantly. It is alfo to Jbe fuppofed, at every time when a ball feems to be placed below a cup, that it has been held in the left hand j and when he raifes the cup with the right hand, as in fig. 5. the left hand mud be opened, and he reds the ball at that indant upon the hollow of the other, (liding it along the fingers. At the time the ball is to be put fecretly under Vol. XL Part If. LEGERDEMAIN. 729 the cup, it (hould lie between the two fingers of the Perform- right hand (fig. 5.). With this hand he raifes the cup ; ances with and placing it on the table, lets go the ball, which, ac- CTusnd cording to its pofition in fig. 6. (hould be found near '■ r ; the edge of the cup when taken into the hand. If heFig. 6. would put the ball fecretly betw-een the two cups, it mud be let go by jerking it towards the bottom of the cup which he holds, and places it Very quickly on that in which the ball is to be found. When the ball is in this fituation, if the operator (hould want it to difap¬ pear, he mud raife the two cups with his right hand, and draw out hadily that under which the ball is pla¬ ced j at the fame, indant lowering with his left hand the other cup, under which he places it. In fpeaking of the tricks which follow, terms are made ufe of which explain whether what is faid be feigned or true j of wEich terms explanations are given, and numbers adapted to the explanations of the differ¬ ent operations which follow. \» put 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 dmt it up in the left hand, which is afterwards opened, in order to have it fuppofed that the ball is under the cup or elfe- where. See fig. 3. III. To pafs the ball under the cup.—The ball fuppo¬ fed to be conjured is to be really introduced* IW To pafs the ball betiueen the cups, is likewife real. V. T® tr.ahe the ball which is between the cups difap¬ pear.—This is likewife real $ and performed, as has al¬ ready been deferibed, 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, and under which the ball mud of confequence be found. VI. To tahe the ball. Real.—It is taken between two fingers of the right hand, and fhown before conju¬ ration. VII. To tahe away the ball from under the cup. This is done by taking it away in the fight of the fpec- tators. VIII. To 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 ball which was fecreted. IX. To throw the ball through the cup, is to conjure it in 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. The firll is when the ball is to be fe¬ cretly inferted 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 (hown which were to be pafled into them. The third is when the operator intends to (how that no balls are in the cups, or that there are (bme. XI. To cover a cup. This is really done, by taking -with the right hand that which is to be put over ano¬ ther, and introducing at the fame time a ball between the two. XII. To 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. 4Z Th 730 Perform- apees witla Cups and Balls. L E G E R D The Performances I. To put a ball under each cup, and take it out again. Having placed on the table the three cups and little rod, as (hown in fig. I. the performer mult begin his manoeuvres, by endeavouring to amufe the fpectators with feme kind of entertaining difcourfe. Nothing.can be more apropos than the origin of the little rod and cups j and he muft be very afliduous in this fort of dif¬ courfe, to take off the eyes of the fpeftators as much as poflible. The following may be a fpecimen of the manner in which he ought to add refs his audience : There are many perfons who meddle with the play of the cups and balls, and yet know nothing about them. 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 afiembly with glafs cups, in which,you may guefs I did not meet with great ap- plaufe. I do not indeed nraftife this method but be¬ fore fuch as are aflually blind j neither do I play with China cups, left, through awkwardnefs in feigning to break their handles, I ihould do fo in reality. Thefe are the cups which anfwer my purpofes. They 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 (fhowing the cups to the company, and putting them on the table) : All my feience, and it is in that in which it is admirable, confifts in deceiving the eyes, and paffing 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, (Jhovaing his hands). If there is in this com¬ pany any perfon who has the misfortune to ufe fpefla- cles, he may retire j but the moft clear lighted will fee nothing there. tc Here is the little Jacob’s rod ( fioiving the rod with the left hand) ; that is to fay, the magazine from which I take all my balls {taking fecretly with the other hand a ball from his bag, which he hides between his fn- gersf There is not one in England fo well furnilhed. Obferve, that the more I take from it the more re¬ main : I draw from it (VIII.) this ball (fhowing it, and placing it upon the table, (I.). Obferve that there is nothing under the cups (fhowing the infde of the cups'), and that I have no other ball in my hands, { /bowing 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 {a&ually 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. {He raifes the cup B, and taking the ball which he has put under it into his right hand fingers, 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 a< well yourfelves. I agree with you : but the difficulty confifts in taking out thefe balls again through the cups, ffrik-ing the firjl cup with the rod). I take (VIII,) this firfl: ball { flowing it). I put it (H.) into my hand, and fend it to Coftftantinople, {lie opens the left hand). I take E M AI N. Sea. !. (VIII.) this (friking with the rod on the fecond cup'). Per form- I put it (IJ.) into my hand, and I fend it to the Eaft pnfeswna, Indies, /opening his left hand). 1 take (VIII.) the j^iis 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 fugle ball remaining on the table to pafs a ball through each of the cups, and to take it offrom the fame. “ I return the cups to their places, and take (VI.) this ball, and I put it under this firft cup. I lake it back again (VIII.) : obferve that it-is not there now, /railing (X.) the cup with the left hand). I put it (II.) under this other cup: I take it out again (Vllf.) in the fame manner, /raijing (X.) the cup). I put it (II.) under the laft cup, and take it out again (VIII.). /raping the /of cup with the left hand, and placing the ball on the table). 3. With the Jingle be l remaining on the table, to take', away a ball through two or three cups.—In this per¬ formance the three cups are diftingui&ed by A, B, C, as in fig. 1. “ I never have any ball fscreted in my hands, as the greateft part of them, who play the cups and balls have /Jhovoing 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 /flows the ballplacisig it on the table, returns afterwards the cup C to its place, and raifes (X.) the cup B to fhow 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 ; and I take out (VIII.) th is ball through the three cups /Jb owing it and placing it on the table). 4. With the fugle ball remaining on the table, to pafs the fame bail from cup to cup.-—“ I now beg of you to pay every poffible attention, and you will very di- ftinftly fee this ball pafs from one cup into the other /putting the cups at a greater dpi a nee jrom each other). I take (VI.) this ball, and I put it (II.) under the cup C : there is nothing under this cup B /raping it, introducing the ball and taking the rod in his hand). I command that which I 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 palled /raifng the cup with his left hand, and taking the ball with Ins right, flows it to the company). I return it (II.) under this cup B j there- is nothing under this A /raping 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 fee it pafs ? I am not muckdurprifed : I did not fee it myfelf j how¬ ever, here it is under the cup /raifng tie cup A, and placing it on the table). 5. With the fame ball remaining on the table. The cups being covered, to pafs a ball from one into the other, without raping them up.—I ’.jos 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 two other cups /taking one in each hand, and introdu¬ cing the ball upon the cup B) : pay attention; that there is Se&. I. LEGERDEMAIN-, Perform. is abfolut&ly notliiflg in tny bands (/hawing them). I &"cess c°mmand this ball to mount up upon the firft cup BaiJs!1 (taking up the two cups, and putting thetn in their places, ■ he flows that it has mounted). I return (II.) this ball under the fame cup B. I cover it as before (cotters it in taking a cup in each hand, and introducing a hall be¬ tween the fecond and third cup). I take (the enli/ hall with which he plays beifiq under the third cup, he can¬ not JIjow it, but adds as if he had taken it out, and puts it into the fingers cf his left hand, which he holds in the sir, in condu&ing the hand from one fide to the other). I take the ball, which is under thefe three cups 5 and I throw it through the hr ft cup (feigning to throw it) : obferve that I have not conjured the ball, having nothing in my hands (fioowing them); it is palled, however, (railing the firfi cup with the left hand, put¬ ting tire ball upon the table and the cups in their places). 6. With the jingle ball remaining on the table, to pafis a ball through the table and two cups.—“ You are un¬ doubtedly furpriied, that, having but a Angle ball, I have been able, after having fliown it to you, to pafs it under this cup without railing it; but let not that aftft- nilh you : I have fecrets much more wonderful. I con¬ vey, for example, the fteeple of one village into an¬ other : I have Sympathetic quadrants, with which a converfation may be held at 200 leagues diflance : I have a hying chariot which can conduct me to Rome in three days. I will fhow all thefe curiofities as foon as my machines are entirely completed ; that is to fay, in a few centuries : but to amufe you till the arrival of all thefe prodigies, 1 now continue the entertainment of the cups and balls. I put (II.) this ball under the cup A. I take it away again (VIII.) (Jloowing 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 fiaifing the firfi cup'). 7. With the fame ball. A ball having been put under a cup, to take it away again, 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- fcrve, that there is nothing under the others (fioowing them and introducing the ball under the cup C), nor in rny hands : I take this ball, which is under the cup A {feigning to take it out, and raifng the bottom of the cup fo that the fpedlators 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 failing them, andfhowing them that the ball is pafied there.) 8. With this Jingle ball and a [hilling ; to pafs a ball from one hand into the other.—“ I take this ball •, I put jt (II.) into this hand, and I put into the other the {hilling. In which hand do you think th® ball is ? or in which do you think the Ihilling may be {Whatever anfwer the fpeciato'' makes, the performer fnows him that he 1 r mfiaken, and that the whole is in the right hand; and this truth ferves as a pretence to take a ball from the bag in putting the fhilling back into it). The performer may, however, without breaking the connexion of thefe operations, difpenfe with this trick, and feign to drop the balls he plays with, which affords him a pretence for taking another. 9. With the ball remaining on the table, and that which is fecretly taken out of the bag ; to pafs under a cup the two balls put under the others.—The operator goes on with his difeourfe : “ In order to give you ftill farthet 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 puis afterwards the rod oti 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 bufligls {placin'* the two balls mt the table). Obferve that there is nothing under this cup A. I put there (II.) this firft ball 1 there i$ 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 paftVd {raifng the cup B, and introducing there the fecond ball). I com¬ mand this, which is under the other cup A, to pafs under the fame cup B {raifng this cup, and [bowing 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 fame cup, to paj's them tinder two others.—“ When I was at college, the tutor told me, it was neeeflary to know how to do my exercife in two ways. I have juft now palled thefe two balls into the middle cup ; I arn 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 int* this lafi the ball that he conjured) : I command one of thefe balls, which are under the middle cup, to pafs under the one or the other of thefe two cups A and C, Behold it already gone {railing the cup B to Jhow that there is no more than a fing/e ball; and taking, wi/h the right hand, the ball which is underneath, he fiows it, and puts it (II.) under the fame cup B). Let us fee in¬ to which cup it has paffed {rajing immediately the cup A, and introducing the ball that he took from the cup B) : here it is under (this cup C {raffing the cup) ; I command the other ball to pafs under this cup A {he raifes it, and jhows that it pajfcd there).’1'' 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 [hows, and a fourth fecreted in his hands ; to pafs three balls under the fame cup.~~-li All this is but a trifle; I am going to ftiow 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). Obierve that there is nothing under any of thefe cups (raffing them, and introducing them under the cup C). I take this firft ball, and throw it (IX.) through this eup C. Obferve that it is palTed {raffing (X.) the cup with the right hand) ; I take this fecond ball, and throw it (XI.) through the fame cup. There it is paffed {raffing (X.) again the cup) ; I take the third, and I make it pafs the 4 Z 2 fame 73-t Perform- tttv'cs witf* Cups an'4 Balls. 13* Perform- fame (raying (X.) the cup) andflowing that thefe are and* un^er ^ie three). '"balls.11 12* With the three balls remaining under the cup, and 1— that held fecretly in the hand; to pafs two balls from one cup into another, at the choice of a perfon, without touch¬ ing any of the cups.—“ Here is another in which I have never been able to comprehend any thing ; but it will aftonifh you much (rai/ing the cup C, and taking away the three balls from their places, he puts them under each cup, and in rai/ing the cup C introduces there the fourth ball which he heldfecretly in his hand). I take this ball (that which is under the cup B), 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 laft, and I throw it (IX.) through the cup C $ and to (how that I do not deceive you, behold it paffed (rai/ing (X.) the cup that has been fixed upon, which fuppofe to be C, and /hewing that there are two). I take again thefe two balls, and put them under the cup ^ C (putting realh) but one) : obferve that there is no more under this cup B (introducing there the ball that he had jufi taken away, and flowing 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 which is under this A. Obferve that it is paffed. There ! (raifing the cup C, and returning the two balls under the fame cup, and raif¬ ing C, in order to flow that there is but' a fingle one; and he places it again under the fame cup : he does not raifie the cup B under which a ball remains). 13. With 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 put under the others.— “ I take this ball (that which is upon the cup C), and I put it (II.) under the fame cup C ; and I order it to pafs into this cup B : there it is paffed (in raifing this cup he introduces a third ball). I take this third ball, and put it (II.) under this cup C 5 and I command it to pafs into the cup B along the table, and in the fight of the fpeftators (taking the rod in his left hand, feigning to fhow 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 fhow it). Go quickly (throwing it (IX.) through the cup JB $ and flowing that they are all three there, and that there is nothing under the two others ; placing afterwards three of the balls on the table, and fecreting the fourth in his hand). 14.. With the three balls remaining upon the table, and shat 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 muff be contrived a falfe bottom A, which will fall down at pleafure \ that is to lay, in reverfing it upon the table, by means of a fmall trigger placed at the bafe of one of the handles B, in¬ troducing previoufly between the falfe and true bot¬ toms a dozen of balls. The operator goes on with hia difeourfe. “ If any of the company believe in witches, I would give my advice that they ftrould believe in them no longer 5 as what I am about to do is much more lurprifing than the feats of any witch.—I put (I.) thefe three balls under the three cups you fee on the table ; I take away (VIB) this firft hd[\(thai which is 4 Sea. I. under the cup C), and I put it (II.) into-this vafe. I Perfcrm- take this, and I alfo put it (II.) into the vafe. I Krues take away (VII.) this third (that which is under the CuPs..ailC* cup A), and I throw it (IL) the fame way.” (Every 1'3^ 5’ _j time that he ra fes one of the cups to take away the bail, he introduces that which, always remains fecreted in his right hand 1 and this he repeats, confiantly taking out one ball and putting in another, till he has introduced all the twelve balls ; after which he refumes his dfcourfe). “ You imagine, perhaps, that I always make ufe of the fame balls j but to prove the contrary, here they are, (inverting the vafefo as to turn them all out). In this trick, if the vafe be well made, the infide may be ihow.n, and it may even be previoufiy invert¬ ed in which cafe, it will not be fuppofed that any balls have been put into it. 15. With the three balls remaining under each of the cups, and that which is hidden in his hand $ to pafs one ball under loch 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 firlt cup C, (con¬ juring it). I take another from my bag, (/hawing the fame ball). I make it pafs in the fame manner through this B, (conjures it again). I take a third (flowing fill the fame), and I make it pals under this laft cup A (conjuring it). Here are all the three paffed (turn¬ ing over the cups, and in taking them up again introduces the ball that he has in his hand under the cup B, and puts the three balls upon the three cups. 16. With the three balls put upon each cup, end that which was introduced under the middle cup ; to draw two balls through the fame cup.—1,1 There will be want¬ ed now only two balls.” Here the operator takes that which is under the cup C, and pu.s it (II.) in¬ to his bag. He takes in the fingers of his right hand the ball which is on the cup B, flrowing it 5 and with the other covers the cup B, with that palling (IV.) there the ball which he feigned to put into his bag. He then takes the ball which is under the cup A with the right hand j and, ftiowing a ball in each hand, tells the company that he put them (II.) under the cup A ; though he actually puts but one, which he holds in his left. He then drav-s one of thefe balls through the fame cup A, (bowing 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, li 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, and flowing that it is there no longer) ; then, taking one of the two balls which Teemed to remain alone, he puts 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 fpeftators for this j 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 (how it to you at the. beginning : I cover (XI.) thefe cups (putting the cup A LEGERDEMAIN. Sea. I. L E G E R Perform-^ A upon C and B). I take (VI.) this ball, and I and'1 ^r0W ^ (IX.) through the firit cup j” (railing (X.) the cup Pl. with the right hand). He then ihows that it U—V——' is paffed 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 I throw it through the other cup C j” and while he lays fo, he raifes (X.) the cup C, Ihowing that it has palled, 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 laft cup B,” (raijing (IX.)///.? 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 baits which are under the cups, that which is on the table, and two which he takes from the bag ; to pa/s under a cup the balls put under the two others without rnifing thefe laft.—Tiie performer may proceed in his difcourfe 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.” He now takes two balls from his bag, by which means he in fa£l: plays with fix balls, though he pretends to play only with three. Thefe 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 pal- fed.” He now raifes (X.) the cup, (hows it; and thus has an opportunity of introducing the ball which he has in his hand. “ I take (VI.) this {the ball winch is under the cup B), and throw it (IX.) through the cup B.” At this he raifes the cup with his left hand, fiiowing that it has pafled, 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 pal¬ led.” Then, railing up (X.) the cup C, lliowing 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¬ led,” (railing the cup C) : after which he Ihows the three tails, and introduces there that which was 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 pnfs 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 w'hich is on the cup C, and throws it (IX.) through the fame cup ; and* while he announ¬ ces this to the company, he raifes (X.) the cup : tak¬ ing away (VIII.) the ball, lliowing that it has pafled, introducing there that which was in bis 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 •, fhows that it is paffed, takes it away (VII.) and introduces the ball that was in his hand under this cup, putting it in like manner on the cup. Then he takes the ball which is on the cup A, and throws it (IX.) through the fame cup A. As he announces its paffage he raifes the cup, taking away (VIL) and lliowing the ball j inlrodu- D E 14 AIN. 733 cing in the fame manner that which was in his Hand; Perform- putting this firit at the top of the cup A, and then a^CSs^h ihows that it is not in his hand, and that he has but ^Hs.15 three balls. w—y— 20. With the three balls remaining upon the table, 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 w’hat all is redu¬ ced that I had to Ihow you for your amufement. I did know fome more very pretty tricks, but I have forgot them. (Pretending to mufefor a moment'): Ah! I ftill 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 cups). . 2f. With the three balls which are under the cups, and that in his hand; to pafs the balls through the two cups.—Here the operator begins with taking away (VII.) the ball which is under the cup C ; he covers it with the cup B j and paffes (III.) the other ball which he has in his right hand between the two cups. He 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 raiies the cup (X.), Ihows that it is paffed, and introduces the ball in his hand. He then takes the ball under the cup B, and throws it (IX.) through the two cups C and B. An¬ nouncing to the company its paffage, 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 lail bail, 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. Pie then announces their paffage, raifes the two cups, and Ihows the three balls, covering again the cup C with the two others. 22. 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 raiies 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 feparatt. 23. Wnh 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 thern^ then away, and replacing them on the fame cup, he jaakes them return again in the fame manner under the cups 734 ' LEGERDEMAIN. Seel. II. Perform- cup C. At laft lie takes ilie tliree balls, and putting — them in his bag, pretends to pafs them through the jjall's. tahle under the eup where the others were. He then w—y—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 blacli hall remaining on the table, two other white balls, and a black one which he holds fecret- ly in his hand; to pafs three balls from one cup into an¬ other. N. B. To make the balls white, they are rubbed with a little chalk inftead 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 handf There is no great thing under this B. I place there thefe three balls, {jhe three which are upon the table, of which he conjures the white one). There is nothing more under this third cup A, (intro¬ ducing there the white ball). 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 biack one in thofe of the right, he (hows 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 white one under the cup, and conjures the other, while feigning to put it -in with that of the left hand. He then announces its pafl'age ; 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 palTed 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 paired, 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 here who knows how to play the cups and balls, he will do veil to obferve, that it is not pofllble to do this trick by the common method, and with three balls only. However I have no more, (flsowing 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 dingers); 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 into his right handfin¬ gers). I take this other white ball, (with his left hand fingers). There is nothing under this tup A, (intro¬ ducing the blackball): 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 baits winch are left under the cups, two white balls, and a black one that he took trick by trick 2 from his bag ; to change the ji%es of the balls.*—\n per- P.- norm- forming this trick the operator takes away the white ances with ball which is under the cup C with his left hand fin- ur- la)ds. gers, and, railing the cup with his right, introduces " 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 (hould 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 bail 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 fpeftators, that he makes it repafs through the table ; and, while he tells them fo, he takes a white ball ■, then, while taking away that which is under the cup A, he introduces that ball, making it repafs in the fame manner through the table, and at laft ftiows them to the company, and covers them with their cups. 27. With the three halls which are under the cups, two other black balls, and a white one that was taken triek by trick from his bag; to pafs the balls from one cup into another.-—“Oblerve well (fays the operator), that there are two white balls under thefe two cups A and C, and a black one under this (raifng 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 ftrould 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 biack ball from his bag.’1'1) While the paffage of this ball is announced, he raifes the cup C to take it away and ihow it •, introducing there this black ball, “ I put it 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 cup j” and while he fays fo, he raifes the cup B, in fupporting with his little fin¬ ger the ball which remains there. Announcing its paffage, he raifes the cup C and Ihows the ball ; taking it afterwards into the left hand, throws it into the air j returning it into his right hand, and feigning to throw it into the air a fecond time, he lets it fall into his bag j calling bis eyes upwards and downwards as if he faw it fall upon the cup B ; he raifes this cup, and {hows it to the fpedlators, as the former, paffed through the cup. Sect. II. Performances with the Cards. Previous to the performances with cards, it will be necelTaiy to explain the method of making the pafs 5 that is, bringing .a certain number of cards from the bottom Seft. 51, LEGERD Plate CCXCI. Perform- bottom of the pack to the top 5 as many of thefe per- ances with formances depend on that manoeuvre. the Carr,j pack 0| car(js in y0ur rJgbt hand, fo that Of making paloa of your hand may be under the cards : place thepafs. the thumb of that hand on one hde 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 reft of the pack. Then place your left hand over the cards, in fuch a manner that the thumb may be at C (fig. 20, 21.), the fore finger at A, and the ether fingers at B. The hands and the two parts of the cards being thus difpofed, you draw off the lower 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 necefiary, before you attempt any of the experiments that depend on making the pafs, that you can perform it fo dexteroufly that the eye cannot dif- tinguilh the motion of your hand j otherwife, inftead of deceiving others, you will expofe yourfelf. It is al- fo proper that the cards make no noife, as that will oc- cafion fufpicion. This dexterity is not to be attained without 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 ; 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 ; open divination, the pack 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 flmffie the cards. You take the pack, and offer the fame card in like manner to a fecond or third perfon j obferving, how'ever, 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 will naturally fay Yes, as they have all drawn the fame card. You then ftiuffle 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 ftmf- 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 perfon fiiould not draw the long card, each of the parties muft draw' different cards ; when cutting the pack at a long card, you put thofe they have drawn over it j and feeming to fhuffle the cards indiferiminately, you cut them again at the long card * and fiiow one of them his card. You then ftiuffle and cut again, in the fame manner, and fhowr another per¬ fon his card, and fo on : remembering, that the card drawn by the laft perfon is the firft next the long card, and fo of the others. This experiment may be performed without the long EM AIN. 735 card, in the following manner. Let a pevfon draw Perform- any card whatever, and replace it in the pack : you then make the pafs, and bring the card to the top of ■ . \ j the pack, and ftiuffle them without lofing fight of that card. You then offer tl]at card to a fecond perfon, that he may draw it, and put it in the middle of the pack. You make the pafs and ftiuffle the cards a fe¬ cond time in the fame manner, and offer the card to a third perfon, and jfo again to a fourth or fifth, as is more fully explained further, on. 3. You let a perfon drawT any four cards from the The four pack, and tell him to think on one of them. When he confedera-* returns you the four cards, you dexteroufly place twotc^Car of them under the pack and two on the top. Under thofe at the bottom you place four cards of any fort j 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 lure it is one of the two cards on the top. You then pafs thofe tvro cards to the bottom, and drawing off 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 bis from the bottom of the pack. If the perfon fay his card is among thofe he firft drew from the bottom, you muft dexteroufly take up the four cards that you put under them, and, placing thofe 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 drawm, you place it under Efivinaflcsi the long card, and by ftiuffling them dexteroufly you1?5" t5le bring it to the top of the pack. Then lay or throw the"’0*''’* 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 eaftly done. A fword is then put into your hand, with which you touch feveral of the cards, feem- ingly in great doubt but never lofing fight of the top card, in which at laft you fix the point of the fvvord, , and prefent it to him who drew it. T wo or three cards may be difeovered in the fame manner, that is, by placing them under the long card, and then bringing them to the top of the pack. 5. You muft have in the pack two cards of the fame ^he tmnf* fort, fuppofe the king of fpades. One of thde is to be^“^ble placed next the bottom card, which may be the feven ‘ of hearts, or any other card. The other is to be pla¬ ced at top. You then ftiuffle the cards without dif- placing thofe three cards, and ftiow a perfon that tha bottom card is the feven of hearts. Then drawing that card privately afide with your finger, which you havs 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 ftiuffle the cards again, without difplacing the firft and laft card, and pafling the other king of fpades at the top to the bot¬ tom, you ftiow 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 ths • long card j then giving him the pack, you tell him to place his card where he pleafes and ftiuffle them, and you 1 will then name his card or cut the pack where it is. You may alfo tell him to put the pack in hi? pocket, .and - '* you will draw the card) which you may eafily do by the touch. 736 Perform¬ ances with t]ie-Cards. LEGERDEMAIN. Sea. II. and taking the bottom card, ing ace of hearts under the foot of another perfon. Perform- Tlre in- cempre- henlibie tranfpo- fition. To name feveral cards that two perfons have drawn. The two convertible gees. that privately away ; which will then be the feven of hearts, you lay that on the table, and tell the fccond 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 firft perfon, to change into the king of fpades j and the king of fpades, which is fuppofed to be under the hand of the fecond perfon, to change into the feven ©f hearts j and when the two parties take their hands off, and turn up the cards, they will fee to their no fmall aftcnifhment, af¬ ter having fo carefully obferved the bottom cards, that your commands are punctually obferved. 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 white wax. You then offer the long card to be drawn •, and when it is replaced in the pack, you {huffle 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 ftlll further diverfified, by having, as moft public performers have, a confederate, who is previoufly to know the egg in which the card is placed j for you may then break the other eggs, and {how that the only one that contains a card is that in which you direffed 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 king in clubs and fpades, the four eights, the ten of diamonds, and ten of hearts j and let the other part contain the two quart majors in hearts and diamonds, the four (evens, 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 diawn by the firft perfon in the fecond parcel, and thofe drawn by the fecond perfon in the firft parcel, you fliuffle the cards, obferving to difplace none but the upper cards. Then fpreading the cards on the table, you name thofe that each perfon drew 5 which you will very eafily do, by obferving the cards that are changed in each parcel. '-j V' • & * : ■-.s; -■ ^ 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 will eafily flip off. Show thefe two aces to the company j 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- You then command the two cards to change their places 5 and that they obey your command, the two . “ 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 (lightly. After (bowing a perfon the card, you let him hold one end of it, and you hold the other, and while you amufe him with difeourfe, 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 command the heart to turn into the ace of fpades. By deceptions like thefe, people of little experience and much con¬ ceit are frequently deprived of their money, and ren¬ dered ridiculous. 9. You muft be prepared with two cards, like thofe The fifteen reprefented by fig. 22. and with a common ace and a thoufand five of diamonds. •’vres' The five of diamonds and the two 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, which 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 tell¬ ing this (lory, 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 refume your dif* courfe, “ The eldeft brother, inftead of improving the money, loft it all by gaming, except 3000 livrts, as you here fee.” You then lay the ace on the table, and, taking up the 5, continue your ftory : “ The eldefi, forry for having loft the money, went to the Eaft Indies with thefe 3000, and brought back 15,000.” You then (how 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 (hould not be repeated, but the cards immediately put in the pocket j and you (hould have five common cards in your pocket, ready to (how, if any one (hould 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 toP*“erJhbJth8 Seem to (huffle the cards, and then cutting them at a the firft long card, poife thofe you have cut off in your hand, and fay, “ there (hould be here 15 cards.” ^ Cut them again at the fecond long card, and fay, “ There are here only 11 cards.” Then poifing the remainder, you fay, “ here are 14 cards.” 11. Several different cards being Jhown to different To name perfons) that each of them may fx on one of thofe cards ; feveral to name that on which each perfon has fixed.— muft be as many different cards (hown to each perfon ferent pCr= as there are perfons to choofe : therefore, fuppofe there fons have are three perfons, then to each of them you muft (how fixed, three cards j and telling the firft perfon to retain one in his memory, you lay thofe three cards down, and (how three others to the fecond perfon, and fo to the third. The cards may be divided in any other manner that is eafy to be remembered. The msgk ring. Sect. 21. third. \ ou tiien take up the fir ft perfon’s cards, and lay them down one by one, feparately, with their faces upward. You next place the fecond perlbn’s card over the firft, and in like manner the third perfon’s card over the fecond’s $ fo that in each parcel there will be one card belonging to each perfon. You then alk each of them in which parcel his card is 5 and when you know that, you immediately know which card it is $ for the firfl 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 fhow him as many parcels as he is to choofe cards, and every parcel muft confift of that number, out of which he muft fix on one $ and you then proceed as before, he telling you the pared that contains each of the cards. 3 2. Make a ring large enough to go on the fecond or third finger (fig. 15.) in which let there be fet 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 fmali 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 ftiown 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. 13. To change one card into 'Provide a ma¬ hogany tea caddy about four or five inches deep, and long enough to admit a common fized playing card : (fee fig. 9.). This caddy muft be furnilhed 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 j and the falfe bottom muft be fo exadlly fitted, that it cannot, from a flight view, be diftinguifhed 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 thould rife with a fpring to¬ wards the front, and it muft be kept tight, with a brafs fpring catch (, to the firft perfon who drew a card. 5 A fimilar 738 . Perform- fimJlar to that which was placed in the fecond, defiring an es with ^jm tQ p]aee {t jn t}ie wrapper which he finds vacant. . Take back then the port-folio j and, m placing it on the table, artfully turn it over : having placed likewife in the vacant wrapper of the fecond port-folio the card drawn by the fecond perfon j and putting it in the fame way upon the table, command the cards recipro- cally to pafs from the one port-folio into the other j and open them fo that each of the perfons may take out the card which the other inferted. (2.) A card being Jbut up in the port folio ; to tnahe 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 fo mult be told to fhut it up under the wrapper of one of the port-folios j and inform him that you will make it return into the pack. Give him the port-folio to blow upon 5 and on opening it, prefent him with the empty wrapper, to fhow him that his card is not there j after which, prefenting him w ith 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 anfvoer appear to a quejlion fecretly written.—Tranfcribe 6n different cards a certain num¬ ber of queftions, and on others the fame queftions with their anfwers ; taking care to have the handwriting as much alike as poffible, fo that no difference can eafily be perceived. The fame caution muft be obferved with regard 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 queftions their correfpond- ing anfwers, Ihut up one of them fecretly in the port¬ folio 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 w hich 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 felefted. In performing this trick, it will be proper to have a port-folio of the fame kind with the two defcribed, which opens only at one fide, and which confequently has but one wrapper. This muft be fhown to fuch as feem to be too inquifitive, and will be of ufe to prevent them from entertaining any idea that the folio opens - upon both fides. The former muft therefore be imme¬ diately put into the pocket, in order to give an oppor¬ tunity of drawing out the'other in cafe the port-folio fhould be afked for. The card in 15. Provide a mirror, either round, as A (fig. 18.) the mirror, or oval, the frame of which muft be at leaft as wide as Plate a carci. The glafs in the middle muft be made to CCXtT move jn ^ tw0 gV00ves CD and EF, and fo much of the quickfilver muft be fcraped off as is equal to the fize of a common card. You will obferve that Sea. II. the glafs muft likewife be wider than the diftance be- Perfcrm- tween the frame by at leaft the width of a card. ances with Then palte over the part where the quickfilver is , ‘e ^ar ^ rubbed off a piece of pafteboard, on which is a card that muft exaftly fit the ipace, which muft at firft be placed behind the frame. This mirror muft be placed againft a partition, through which is to go two firings, by which an afiift- ant in the adjoining room can eafily move the glafs in the grooves, and confequently make the card appear 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 pafs, and bring it to the bottom •, you then direct the perfon to look for his card in the mir¬ ror, when the confederate behind the partition is to draw it fiowly forward, and it will appear as if placed between the glafs and the quickfilver. While the card is drawing forward, you Hide off the card from the bot¬ tom 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 j but the effedl will not be fo ftriking as in the mirror. 16. Place a vafe of wood or pafteboard AB (fig. The mar- 19.) on a bracket L, fixed to the partition M. Let^^ous the infide of this vafe'be divided into five parts, c, d, e, f g ; and let the divifions c and d be wide enough to admit 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 pafling down the divifion with certain addrefs bv which vou influence a uerfnn tn Hraw ^ymPat{ie tic Inks. 1.131 2.231 3-331 4.121 5.221 6.321 7.1 r 1 8.211 9-311 10.. 132 19.133 11.. 232 20.233 12.. 332 21.333 13.. 122 22.123 14.. 222 23.223 15.. 322 24.323 16.. 112 25.113 17.. 212 26.213 i8”312 27.313 _ Take a pack of cards that confifts of 27 only, and giving them to a perfon, defire him to fix on any one, thefi Ihuffle 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, th iw- it to the perfon, without feeing it your- felf; 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 firft of the three numbers which Hands againft that number it is to ap¬ pear at be t, put that heap at top ; 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 he chofe. For example : Suppofe he defire that his card {hall be the 20th from the top, and the firft time of making the heaps he fays it is in the third heap : you then look at the table in the perfpeclive, holding it at the fame time over that heap, and you fee that the firft 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 ftiow 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 certain addrefs by which you influence a perfon to draw the card you prefent. Thofe that are performed by v the long card are in general the moft ealy, but they are confined to a pack of cards that is ready prepared j whereas thofe which depend on making the pafs, may be performed with any pack that is offered. SECT. III. Experiments ’with Sympathetic Inks. |[See Sympathetic INK.\ Experiments with Class I. I. Make a book of 70 or 80 leaves 5 and in the The book cover at tne 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 quef- tion you pleale 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 ieparate papers, each about half the fize of the pages in the book, the fame queftions that are in the book, and under each of them write, with the ink made of the impregnation of faturn, or the fo- lution of bifmuth, the anfwer. Soak a double paper in the vivifying liquor made of quicklime and orpiment, or the phlogifton of the liver of iulphur, 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 quef¬ tions are wrote to the company ; and, after.they have chofen fuch 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 vifible, 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 wjde, as ABCD, and quite (hallow. Let it (hut with vdfo^^or- hinges and faften with a hook ; and let it have two trait, bottoms, the lowed of wood, that draws out by afi&* ^ 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 of paper of the fame fize with 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 vivifyingdiquor between the two bottoms, you tell a perfon you will (how him what an 5 A 2 abfent . (D ) ^ a weigbt be placed upon the book, the effeft will be the foone* produced. Or you may put the book in a box that will prefs it clofe down; ' r 740 Experi¬ ments with Sympathe¬ tic Inks. LEGERDEMAIN. Sea. III. The artifi¬ cial hand. abfent friend of his is doing at the prefent hour. You then give him the paper adapted to the employment you intend, and tell him to write his friend’s name at the bottom, that you may not change the paper. Then placing that paper next the pafteboard bottom, and putting the piece of wood over it, you {hut the box. After amufing him with difcourfe for three or four minutes, you take out the paper, when he will fee his friend in the employment you have afligned 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 fcrews 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 fprings, 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 j 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 pedef¬ tal, which is to fallen againft the opening. Over the hand and pedeftal place a glafs frame, as in the figure •, cover the hand with fine leather of flefti colour, and decorate the arm with a ruffle and cuff, which will entirely conceal the machinery. Then take a number of cards, and write on them different queftions j 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 quef- tion ; 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 afflftant, 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 alter¬ nately lengthened and (hortened, by which their joints are kept in continual motion; and the fcrew at the fame time turning gently from F towards G, gives the whole arm a motion which very much refembles that of nature (s’). The hand and pen ferve here merely to affift the il- lufion : but if a bit of fponge, dipped in the vivifying Experi- liquor, be placed at the end of the pen, as it goes over msruswitH the writing on the paper, it will make it become gra- dually vifible, and in this cafe the trap door and dip- — f ped paper may be omitted (g). Deception with Class II. 4. Take feveral pieces of paper, of a fize that you The wri- can put in any book that will go into your pocket, and ting againiT write at the top of each of them a queftion, with com-tiie wa!h 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 wall of his chamber, and keeping the door locked he will next day find the anfwer wrote on it. As the gold ink will fometimes give a yellow caft to the paper, you may previoufly give a flight tin&ure of that kind to the papers you ufe for this purpofe. Deception with Class III. 5. On different papers draw the figures of feveral Mag*cal leaves or flowers with one of the colourlefs juices men-veSetatl0ns' tioned: then take one of the correfponding leaves or flowers, and laying it on an iron plate, over a chafing- dilh of hot coals, let it burn to allies. Put thefe allies into a fieve, in which there is fome very fine fteel fi¬ lings, and fift them over the paper on which the flower is drawn, when they will adhere to the glutinous li¬ quor, and form im 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 divi-man, fig. 7. ded 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 exa&ly 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 Q 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 thicknefs, may be placed.. The outfide of this talifman may be decorated with uncommon- (e) The paper dipped in the vivifying liquor is to be previoufly placed againft tne opening in the table,.and fupported by the trap door. . - t , , , (f) This might be performed without an affiftant, by means of a trigger placed m the leg 01 the table, and communicating with the handles, which the operator might thruft down with his foot. Where expence is not regarded, there may be a complete figure of a man in wood, 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 fpeftators (hould not be permitted to come very near this machine, which may be applied to feveral pther purpofes. 3 Sed, III. LEGERDEMAIN. 741 Sympaths tic Inks. The fibyls, fig- 5* Experi-^ uncotnmon figures or cliaraifterSj to give it the appear- jr,ents with ance 0f greater myftery. On feveral pieces of paper, of the fame fize with the 1 infide of the talifman, write different queftions in com¬ mon ink, and write 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 he 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. The paper being placed in the talifman, and the cover placed over it, the heat of the triangle will make the anfwer vilible in a few moments. This experiment may be repeat¬ ed if the triangle be made fufficiently hot ; and two papers may be placed in the talifman at the fame time. This deception, when well executed, occafions a furprife that cannot be conceived by a mere defcrip- tion. 7. Make a wooden pedeftal AB, about ten inches long, eight wide, and one deep : and at one end ere£f a box C, about ten inches high, eight broad, and two and a half deep. The top of the pedeftal muft Aide 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 which write the names of the months, and mark the refpedf ive figns of the zodiac; and in the feven other divifions, which muft be next the end B, write the days of the wreek, and mark the figures of the planets. Next the inner circle NO, make an opening into the box, of about one-tenth of 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, which is to turn on an axis that is dire&ly 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 divifions only on which are /wrote the days of the week. Within the box C, let there be two rollers S and T, as in the figure : let that of S contain a fpring j and at the end of T let there be a pulley V, of three quarters of an inch diameter, round which goes a firing or thread that paflfes 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 V may make three or four turns. There muft 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 D, about four inches long, and one inch and a half wide : to this opening let there Experi- be a little flap or Aider, by which it may be clofed at™^®^*1 pleafure. . > tic Inks.’ The apparatus being thus difpofed, place the index u—y—uj R fuccelfively againft each of the divifions marked with one of the planets j and as the paper is gradually wound up the roller, mark, againft that part which is at the aperture D, the name of one of the following fibyls: The Hellefpontian" Cumean Artemifian Phrygian fibyl. 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, and 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 them write, with the fym¬ 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 which the queftions are wrote, and tell him to choofe one of them privately, and conceal the reft, fo that it cannot pofiibly be known which of them he has chofen. Next, tell him to place the index that points to the month againft that in which 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 vifible. You then open the memorandum book, and taking ®ut 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 j 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 wood or metal about fix The magis- inches high, and two and a half diameter in the wideft urn, part, and of fuch figure in other refpe• to name the perfon, the hand, the what fin- finger, and the joint, on which it is placed—Let a third Ker> joint» perfon double the number of the order in which he^’^^ {lands who has the ring, and add 5 to that number \ privattiy then multiply that fum by 5, and to the produft add put. jo. Let him next add I 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 product he muft add the number of the finger (counting the thumb as the firft finger), and multiply tbe whole again by 10. Let him then add the number of the joint $ and, laftly, to the whole join 35. He is then to tell you the amount of the whole, from which you are to fubtradl 3535, and the remainder will confift of four figures, the firft of which will ex- prefs the rank in which the perfon {lands, 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 j then The Sed. IV. 13 Mifcella- qq neons Per-. ^ iormances. 102. 1020 700 Legerdemain. /YyATA1 CCXC. E.MiioAell^/Sn£i a Legerdemain /‘a. /v'AVY:rr/. /'Vf/./O. Bottom, 2 Thumb r/f.' Tcr/Z/f * Sea IV. LEGERDEMAIN. Mifceila- The double of the rank of the third perfon is n;ou3 Per- Tq which add . . rrvrnn a nrr»c Multiply the fum by To which add And the number of the left hand Which being multiplied by To which add the number or the thumb And multiply again by Then add the number of the joint And laftly the number 6 5 11 5 55 10 2 6? 10 670 I 745 From which deducing The remainder is 6747 3535 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 2i. Cover the outiide of a fmall memorandum book gored ^ ^ paper, and in one of its infide covers make a flap to open fecretly, and obferve there muft be no¬ thing over the flap but the black paper that covers the book. Mix foot with black or brown foap, with which rub the fide of the black paper next the flap; then wipe it quite clean, fo that a white paper prefled againft it will not receive any mark. Provide a black lead pencil that will not mark with¬ out preffing hard on the paper. Have like wife 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 write on the bare board. You tell him to keep what he writes to himfelf, and direft him to burn it on an iron plate laid on a chafingdifh of coals, and give you the afhes. You then go into ano¬ ther 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 prefles hard with the pencil, to write on the paper, every ftroke, by means of the fluff rubbed on the black paper, will appear on that under the flap. You 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 allies of the burnt paper over it. Then (baking the box for a few moments, and at the fame time turning it dexteroufly over, you open the Dther fide, and (how the nerfon the paper you firfl put Vol. XL Part II. in, the writing on which he will readily acknowledge Mifcella- to be his. foTmances" 22. Take two guineas and two (hillings, and grind ■ ^ * part of them away, on one fide only, fo that they may The tranf- be but of half the common thicknefs j and obferve thatpofable they muft be quite thin at the edge: then rivet a gui-P‘eces’ 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 firtt 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 (hilling. Then as you (hut your hands, you naturally turn the pieces over j and when you open them again, the (hilling 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 tia.tive will go eafily into each other, and let the lead of them^U‘Ma’ be of a lize to hold a guinea. Each of thefe boxes (hould (hut with a hinge : and to the lead of them there muft be a fmall lock, that is fattened 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. 12.) in the draw er 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 (lip 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 w'hieh the company fuppoie to be the fame that was marked, you pretend to make it pafs through the box, and dexteroufiy convey it away. You then prefent the box, for the fpe&atcrs 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 laft, but that he cannot open without the key (fee fig. 13.) which you then give him, and retiring to a diftant 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 j which you may do by afldng him for a pinch of his fnuff, and at the fame time conceal the key, which muft be very fmall, among the fnuff: and when the perfon who is to open the box aiks 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 performed by means of a confederate. 24. ABCD, fig. 15. reprefents a fmall wooden box The three feven or eight inches long, two and a half broad, magic pie. and half an inch deep $ the bottom of which, by meanstur“- of two crofs pieces, is divided into three equal parts. CCX*^ EFGH reprefents the lid, which is faftened to the hot- fig. tom by a hinge, and has in front a fmall plate (haped like a lock, and two fmall eyes for hooks which ferve to fatten it when it is (hut. ILM are three fmall flexible 5 B fpnngs, 745 Mifcella- firings, flat, and about incb long. NOP are three ptous Per- W00cJen tablets of the fame fize, upon which are mark- ^ ormances,^ £tj t^e f5gUres 4, and 5. The tablets are of different thicknefles, and the difference is fo froall as not to be perceived by the eye. The oatlide of the box is cover¬ ed with fhagreen or reorocco leather, and on the infide with fdk taffety ; thefe coverings being indifpenfably neceffary to hide the three fmall fprings above men¬ tioned, Fig. 14. flrows the two hinges E and F bent clofe to the top of the lid ABCD ; the piece of brafs G, fimilar to a lock, being alfo curved to the lid. A fmall brafs feud is rivetted upon the end of each of thefe fprings mferted into the lid, and paffes through the curved part of each of the hinge.vand the lock $ lo that on the outlide they appear as the heads of Imall pin', which fallen them upon the lid. Theft fmatl finds will be elevated more or lefs according to the thick- nefles of the tablets, t at they may be (hut up in each of the partitions in which they may be found placed •, fo that the tablet N elevates them more than the tablet o, and the latter lefs than P ; though thele elevations are but barely fenfible to the light or touch, and that by a perfon aceuftomed to look at or handle them. Thus it may be eafily known in whatever order the tablets are placed, however carefully fhut j and con- fequently 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, defiring him to return the box well fiiut up ; 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 {till be equally poffible to difeover 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 had been taken to make the finds remain even with the plates when a number is omitted. The name- 25. To difeover any particular counter which has been ticai table, fecretly 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 i 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 fhown 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 b, 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 1 20, on the mid¬ dle of each. On each of thefe counters is the hole b, fig. 17. and 18. which goes over the pin in the bottom *>f the box ) and on one fide of this hole a red or black 2 Sea IV. fpot is placed in the following manner. When N° 10 Mifceila- is put into the box, the fpot mull be fo far to the left peoii* fer- hand of the hole, that when it is brought to the mark ° iT!^nces,|i C, fig. 18. the hole b will be oppofite to the fide mark¬ ed I. 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 againil the fide marked 3, as is Ihown in the figure, and fo on for the reff. Therefore, as oppofite to the brafs pin, or hole on the counter on the outfide of the box B, there is a fec ret mark D already mentioned, this mull ferve as an. index to the number contained in the box, according as it is oppofite to a fide or corner of the table. Give now the table with the box and the t 2 coun¬ ters to any 'perfon, and defire him to put one of the counters fecretly into the box, keeping the rtll to himfelf ^ and, after having placed the hole over the pin in-the box, to place particularly, by turning the box round, the fpot a againil the mark C on the table. Let him then- cover the box, give you the table, and keep the counters himfelf. Obftrve then privately what fide or corner the fecret outfide marked ID Hands againil, reckon the tens accordingly, and tell him the number. 26. To draw out of the well with a bucket any one offour liquors which have been previoify mixed and put vceli. into it.-—Provide two tin cylinders ol ieven or eight inches height ; the diameter of the largell, reprefented by AB fig. 19. to be four inches, and that ot the leall, CD two inches. Place the fmall one within the larger, and connect them together by foldering to them lour tin partitions, making the equal fpaces e,/, h. Turn a piece of wood three inches thick, hollow withinfide, and lined with tin, of which a fedlion is given, fig. 20. Into this the exterior cylinder fhould be cloiely fitted at a and b. Another circle of wood (of which a fcdlion is given fig. 21.), hollowed at rr, b, and c, is alio to ba procured, and which may cover exactly the (pace be¬ tween the two cylinders ; and, lallly, let the whole be conllrudled in fuch a manner, that when thefe three fe- parate pieces are placed together, they may reprefent a well, 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 glafs bucket B, an inch and a half in diameter. Make alfo four tin refervoirs of the fame height with the cylinder, and fo fl-aped as to fill the four fpaces e,fg, h, (fig. 19.) which muff 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 Imall tube D, the end of which fliould be bent towards the infide of the well when the rtlervoir is placed in it. Solder on the top of each refer voir a fmall fpring lever and prop AEDE, fig 23. ri he fpring will ferve always to preis the end of the lever D down upon the hole at the top of the refervoir B ; and in order to cover it more perfifily, 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 mull 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 preis upon them with the fingers, circular apertures, as {la wn in fig, 21. mull be made in the piece of wood, the top covered LEGERDEMAIN. Sea. IV. L E G E E Milcella- covered with a piece of vellum, and the whole neatl7 reous iJer- pajntecJ with oil colour. formaOces. '■jr i r-irr' i" ^ , it now you plunge one ot theie reiervons perpendi¬ cularly into any liquor, hi preffing on the ftud, 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 5 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 prefled 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 j putting them in their places, and covering them -with the circular top. Take a quantity of the fame liquor, mix them well together, and pour the whole into the well ; after which you may draw out any one which the company defires, by letting dow'n the bucket, and preflingv fecretly upon the ftud be¬ longing to the refervoir which contains it, and which will thus difcharge the liquor it contains. The refuf- 2']. Provide a fmall tin mortar, that is double, as citated ^ g ^ whofe bottom B turns round on an axis, I’l/fe ky means of a fpring which communicates with the CGXCI. 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, with its (talk and leaves. Then take a flower that exa&ly 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 fliow 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 whofe warmth the flower is fuppofed to be reftored j and at the fame time prefling the piece at C, the bottom will turn round, the bruifed parts defeend into the fpace under the bottom, and the whole flower will be at top : you then put your hand into the mortar, and eafily break¬ ing the fllk thread, which may be very fhort as well as fine, you take the flower 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 is 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. 1.) about eight nous oracle, inches high, four wide, and two deep, and let it be fixed on the wooden ftand E. On two of the infides let there be a groove FG 5 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 wax candles M may be put in. Let the top of the box have a cover of the CCXGI. DEM AIN. 747 fame metal, in which there are feveral holes, and which Mifcella- may be taken off at pleafure. ' neous Per- Provide a double glafs OP (fig. 2.) conftru&ed in ;orm^( the fame manner as that in the laft experiment. On one of its fides you are to pafte a black paper, the length of which is to be divided into three parts, and the breadth into fifteen j in eve;y 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 defeend in the groove FG. Then take a flip of pafteboard PtS (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 j 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 with the anfwers on the glafs. Shuffle thefe cards, and let a perfon draw any one of the three queftions. Then by railing 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 vifible j and in proportion as the eompofition 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 feveral different queftions, as has been explained in other experiments j and the whole parcel of cards may eonfift of queftions that may be anfwered by one or other of the three divifions of the paper. 29. Make a thin box ABCD (fig. 4.), with a dover A flower M, that takes off. Let this box be fupported by the Proclu.cec^ pedeftal FGHI, of the fame metal, and on which there its 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 chafingdilh placed in the pe¬ deftal FGHI. The box is to be open behind. You privately place a flower (qJ in the tin tube R; and prefenting one that refembles it to any one (r), defire him to burn it on the coals in the chafingdifti. You then ftrew fome powder over the coals, which may be fuppofed to aid the afties in producing the flower j and then put the chafingdifti on the pedeftal 5 B 2 under (eq ) This flower muft not be placed fo near as to make it in the leaft degree vifible. (r) You may prefent feveral flowers, and let the perfon choofe any one of them. In this cafe, while he is burning 748 LEGERDEMAIN. Sea. IV. neo^Per Un<^e.1 t^ie ^ox“ ^ t^e ^eat degrees melts the com- For entertaining experiments, illuftons, See. of a phi- Mifcella. Ibrraance^" P°^^on between the glaffes, the flower will gradually lofophical nature, fee the articles ACOUSTICS, Catop- neous Pcr' appear *, but when the chafingdifh is taken away, and trios, Chromatics, Dioptrics, PyrotechnicSj Sci- t':ru‘ance^ the power of the aflies is fuppofed to be removed, the ENCE, Amufements of, flower foon difappears. LEG X.eger Line, LEGER LINE, in Mufc, one added to the ftaff of Leghorn. five lines, when the afeending or defeending 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 Portus, 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 defeft of the harbour is its being too thallow for large ftiips. Cofmo I. had this town in exchange for Sarzana, from the Genoefe j and it is the only fea port in the duchy. It was then but a mean unhealthy place j but is now very handfome, and well built, with broad, ftraight, parallel ftreets. It is alfo well fortified 5 but wants 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 3 one of which is five miles in length, and, joining the Arno, merchan- dife and paffengers are thus conveyed to Pifa. The port, confifting 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 12 forts. Roman Catholics, Jews, Greeks, Armenians, Mahometans, and even the Englifh fa£lo- ry, are indulged in the public exercife of their religion ; but other Proteftants muft be fatisfied with the pri¬ vate. The trade carried on here is very great, and moft of it paffes through the hands of the Jews. Though only two piafters, or feudi, 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 faid to be about 45,00c 3 and one-third of thefe are Jews, who live in a particular q.uarter, but without any mark of diftinttion, and have a fine fynagogue. They have engroffed the coral ma¬ nufactory, have a confiderable trade, and poffefs the chief riches of the place. The garrifon confifts of 2000 men. The walks on the ramparts are very agreeable. There is good anchorage in the road j but fliips riding there are much expofed to the weather and the Barbary corfairs. The number of Englifn families in Leghorn, fome years ago, amounted to a- bout 36 3 and they were formerly much favoured by the government. The pow’er of the inquifition islimit- L E G ed to ecclefiaftical matters and Roman Catholics. There Leghorn- are a great many Turkifti Haves here, brought in by the duke’s galleys, who are often fent out on a cruize a- . " _ gainft the corfairs of Barbary. The lighthoufe Hands on a rock in the fea 3 near which is the lazaretto, where quarantine is performed. Another fource, from which the duke draws a great revenue, is the monopoly of brandy, tobacco, and fait 3 but that, with the heavy duties, makes provifiofis dear. The Turks, who are not flaves, live in a particular quarter, near that of the Jew's. The common proftitutes alfo have a particular place afligned them, out of which they muft not be feen, without leave from the commiffary. The number of the rowers in the galleys, whether Turkxfti flaves, criminals, or volunteers, is about 2000. In the area before the darfena or inner harbour, is a fine ftatue of Duke Ferdinand, with four Turkifh flaves, in bronze, chained to the pedeftal. The ducal palace is one of the fineft ftruClures in the town, and the ordinary refi- dence of the governor. Leghorn is the fee of a bifhop, and has a noble cathedral 3 but the other churches are not remarkable. Leghorn did not efcape thofe changes In which the French revolutionary war involved the towns and ftates of Italy. E. Long. 10. 6. N. Lat. 43- 32- LEG IO VII. Gemina, in Ancient Geography, a town or ftation of that legion in Afturias. Now Leon, capital of the province of that name in Spain. W. Long. 6. 5. N. Lat. 43.—Another Legio, a town of Galilee 3 from which Jerome determines the diftances of the places in Galilee 3 not a bare encampment, though the name might originally be owing to that cir- cumilanee. It lay 15 miles to the weft of Nazareth, be¬ tween Mount Tabor and the Mediterranean. Now thought to be I^egune LEGION, in Roman antiquity, a body of foot W'hich confifted of different numbers at different periods of time. The word comes from the Latin legere, to cheofe 3 becaufe, when the legions were railed, thdy 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 3 though, after the reception of the Sabines, it was augmented to 4000, In the war with Hannibal, it was raifed to 5000, after this it funk to 4000 or 4500 3 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 flower, you fetch the box from another apartment, and at the fame time put in a correfponding flower, which will make the experiment ftill more furprifing. LEG [7 confular ftate four legions were fitted up every year, Sregiflator. ancj divided between the two confuls 5 yet we meet with the number of 16 or 18, as the fituation of affairs re¬ quired. Auguftus maintained a ftanding 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 ; hence we read of legio prir/ia, fecunda, tertia : but as there might be many primee, fecundee, tert'ue, &c. they were fur- named from the emperors, as Augujla, Claudiana, Gal- Liana, F/avia, Ulpia, Trajana, Antoniana, &c. or from the provinces which had been conquered by their means, as Parthica, Scytkica, Gallica, slrabica, &c. or from the deities under whofe protection the commanders had particularly placed themfelves, Miner via, A/pollinaris, &c. or from the region where they were quartered, as Cretenjis, Cyrenaica, Britannica, &c. or from particu¬ lar accidents, as adjutrix, niartia, 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 was called legalus, 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 •, a horfe was alfo borne, alfo a boar ; and Marius, we are told, was the firft who chan¬ ged all thefe for the eagle. LEGISLATOR, a lawgiver, or perfon who efta- blifties the polity and laws of a ftate. Such was Mo¬ les, among the Jews 5 Lycurgus, among the Lacedse- monians, &c. See MOSAIC Law. The firft laws amonglt 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 law's were faid, for their feverity, to have been written with blood : by his laws every offence was punithed with death 5 fo that dealing an apple, and betraying their country, were treated as equal crimes. Thefe law's were afterwards * repealed by Solon, except fuch as related to murder: By way of diftinftion, Draco’s laws were called Qiv/xtt, and Solon’s Nepei. The laws of Solon v/ere in a great meafure fufpended during the ufurpation of Pififtratus ; but, after the expulfion of his family, were revived with fome additions by Clifthenes. After this, the form of government was again changed, firft by the four hun¬ dred, and afterwards by the thirty tyrants j but thefe ftorms being over, the ancient laws were again reftored in the archonftiip of Euclides, and others eftablfthed at the inftances of Diocles, Ariftophon, and laft of all, ©f Demetrius the Phalerian. This is a (hortlketch of the hiftory of the Athenian legiflation, before that ftate fubmitted to the Roman yoke. But many laws were enafted 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 w as to be propofed to the affembly, it was ne- ceffary to write it upon a white tablet, and fix it up fome days before the meeting, left their judgment 4 49 ] LEI Ihould be caught by furprife. The laws were carefully Legifhtor revifed every year j and if any of them, from a change . II. of circumftances, were found unfuitable or prejudicial, they were repealed : This was called rav becaufe the fuffrages w'ere given by holding up of hands. The firft laws amongft 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 wmoden tablets, called ; and fome authors with great probability affert, that they w'ere 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 AIOS AP .Y0Z3W15X It was againft the law for any perfon to erafe a decree ^ and certain perfons, called were appointed to prevent any corruption ; whole bufinefs it was allb to tranferibe the old and enter the new ones. At Rome the people were in a great meafure their own legillators ; 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 Salon. See Lex. With us the legillative 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 Law, that fhare of the move- able effefts belonging to a hufband and vvife, which up¬ on the hufband’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 fattened along one future only. In this laft circumrtance the feed-veffei in queftion differs from that termed by botaniftsfiHqua, in which the enclofed feeds are fattened alternately to both the futures or joinings of the pod. The feed-veffel of all the pea bloom or butterfly- ftiaped flowers, the diadelpuia 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 •, and in 1663, maintained a thefis de Principiis Individuationis. The year following he was admitted mafter of arts. He read wdth great attention the Greek philofophers j 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 5 in which fa¬ culty he was admitted bachelor in 1665. The year following he would have taken the degree of doftor y but was 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 vrent to Altorf, where he maintained a thefis de Cajibus Perplexis, with fuch ap- plaufe* 'L El [ 75° 1 LEI Leibnitz, plaufe, that he had the degree of doctor conferred on Leibnitzian l-nra> He might have fettled to great advantage at Fhilofonliy. pajrjs . ]3U(. as jt woujcl }iave been neceffary to have ^ embraced the Roman Catholic religion, he refufed all offers. 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 bell books of all kinds. The duke dy¬ ing in 1679, his fuccellor Erneft Auguftus, then bi- Ihop of Oinaburgh, {bowed our author the fame fa¬ vour as his predeceffor had done, and ordered him to write the hiftory of the houfe of Brunfwick. He un¬ dertook it, and travelled over Germany and Italy in order to colledl materials. The eleftor of Branden- burgh, afterwards king of PruiTia, founded an acade¬ my at Berlin by his advice •, and he was appointed perpetual prefident, though his affairs would not per¬ mit him to relide conftantly at Berlin. Tie projected an academy of the fame kind at Drefden 5 and this de- lign would have been executed, if it had not been pre¬ vented by the confuiions in Poland. He was engaged likewife in a fcheme for an univerfal language. His writings had long before made him famous over all Europe. Befide 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 of juflice,- with a penfion of 1000 ducats. He undertook at the fame time the eftablifhment of an academy of fcience at Vienna ; but the plague prevented the execution of'it. * Plowever, the emperor, as a mark of his favour, fet¬ tled 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. Elis memory was io ftrong, that in order to fix any thing in it, he had no more to do but to write it once 5 and he could even in his old age repeat Virgil exaftly. He profeffed the Lutheran religion, but never went to fermon $ and up¬ on his deathbed, his coachman, who wTas his favourite fervant, defiring him to fend for a miniffer, he refufed, faying, he had no need of one. Mr Locke and Mr Mo- lyneux plainly feem to think that he vras 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 firft hints from Sir Ifaac New¬ ton’s letters, who had difcovered the method of fluxions in 1664 and 1665. But it would be tedious to give a detail of the difpute concerning the right to that in¬ vention. See Fluxions. LEIBNITZIAN Philosophy, or the philofophy of Leibnitz, is a fyftem of philofophy formed and pub- liftred by its author in the laft century, partly in emen¬ dation of the Cartefian, and partly in oppofition to the v Newtonian. The bafis of Mr Leibnitz’s philofophy was that of Des Cartes 5 for he retained the Cartefian fubtile matter, with the univerfal plentitude and vor¬ tices *, and reprefented the univerfe as a machine that fhould proceed for ever by the laws of mechanifm, in the moft perfefl ftate, by an abfolute inviolable necef- fity, though in fome things he differs from Des Car^ tes. After Sir Ifaac Newton’s philofophy was pub- Leibnitziaa lilhed in 1687, he printed an eflay on the celeftial mo- Fhilofophy. tions, Act. Erud. 1689, where he admits of the circu- lation of the ether with Des Cartes, and of gravity with Sir Ifaac Newton 5 though he has not reconciled thefe principles, nor ftiown how gravity arofe from the impulfe of this ether, nor how to account for the pla¬ netary revolutions, and the laws of the planetary illa¬ tions in their refpeCtive 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 difiance 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~ fiances, decreafe in the fame proportion as the fquare roots of the numbers expreffing thofe difiances. Be- fides, his fyftem is defective, as it does not reconcile the circulation of the ether with the free motions of the comets in all directions, or wdth the obliquity of the planes of the planetary orbits 5 nor refolve other objections to which the hypothefis 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, h@ concluded that the univerfe was a perfect work, or the belt that could pofiibly have been made ; and that other things, which w ere incommodious and evil, were permit¬ ted as neceffary confequences of wEat was belt : the material fyftem, confidered as a perfect machine, can never fall into diforder, or require to be fet right; and to fuppofe that God interpofes in it, is to leffen the ikill of the Author, and the perfection of his work. Bla exprefsly charges an impious tendency on the philofophy of Sir Ifaac Newton, 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-eftablilhed or renewed by the hand of its Former. The perfection 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 diftinguifh between the quantity of motion and the force of bodies } and, whilft he owns, in oppofition to Des Cartes, that the former varies, to maintain that the quantity of force is for ever the fame in the uni¬ verfe, 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 infenflble and infinitely fmall degrees; fo that no body can, in any cafe, pafs from motion to reft, or from reft to motion, without palling through all pof- fible intermediate degrees of motion : w hence they con¬ clude, that atoms or perfectly hard bodies are impof- fible : becaufe if two of them fhould meet with equal motions, in contrary directions, 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 L E 1 [ 75i ] LEI ^ ' ,Ii a 5" anc^ ^n8 fame time, penfations ate dire£led j fo they concluded^ that if thisheibnitzian . . ^, Villen, he ia) s, is tiie foundation of ipeculative trutli : end was propofed, it muft be acconipliflied. Hence the other is, that nothing is without a fufficient rea- the dodtrine of neceffity, to fulfil the purpofes of a pre- , LciCe"tfc‘“, Ion why it thornd be fo rather than otherwife and by deftination founded in wifdom and goodnefs j a necef- tnts piinciple, according to him, wre make a tranfition fity, phyfical and mechanical, in the motions of ma- from abftiacted truths to natural phiiofophy. Hence terial and inanimate things, but a neceffity moral and be concludes, that the mind is naturally determined, fpiritual in the voluntary determinations of intelligent m its volitions and eledtions, by the greateft apparent beings, in confequence of propellent motives, which good, and l.iat it is impoffible to make a choice be- produce their effedts with certainty, though thefe ef- tween ^things perfedlly like, which he calls indifcerni- fedls be contingent, and by no means the offspring of b.es; from ’hence he infers, that two things perfedl- an abfolute and effentially immutable fatality. Thefe ly like could not have been produced even by the Dei- principles, fays the fame writer, are evidently applica- \ an^ rejedts a vacuum, partly becaufe the parts ble to the main doctrines of Calvinifm \ by them pre- of it muft be fuppofed perfedtly like to each other. deftination is confirmed, though modified with refpedl I'or tlie lame realon he alio rejedts atoms, and all fi- to its reafons and its end 5 by them irrefiftible grace payticies of imntei, to each of which, though (irreliftible in a moral ienfe) is maintained upon the divilible in infinitum, he aferibes a monad (Act. Lipfiae hypothefis of propellent motives and a moral neceffity : 1698, p. 435;) or adtive kind of principle, endued, the perfeverance of the faints is alfo explicable upon as he lays, with perception and appetite. 1 he effence the lame fyftem, by a feries of moral caufes producing of fubfiance he places in adtiun or activity, or, as he a feries of moral effedts. expn ff s it, in fomething that is between acting and LEICESTER, the capital of a county of the fams the faculty of adting. He affirms abfolute reft to be name in England, upon the river Leire, now called impoffible ; and holds motion, or a fort of nifus, to be Sours. Fiona its fituation on the Fofl'e way, and the, effential to all material fubftances. Each monad he many coins and antiquities difeovered here, it feems deferibes as repielentative of the whole univerfe from probable that it was a place of lome note in the time its point of fight } and after all, in one of his letters he of the Romans. In the time of the Saxons it was a tells us, that matter is not a fubftance, but a fubjlan- bifhop’s fee, and afterwards fo repaired and fortified tiatum, or phenomene bien fonde. He frequently urges by Edelflida, that it became, according to Matthew the comparifon between the effedts of oppofite motives Paris, a moft wealthy place, having 32 parifli churches5 on Lire mind, and of weights placed in the feales of a but in Henry the Second’s reign it was in a manner balance, or of powers adting upon the fame body with quite ruined, for joining in rebellion againft him with contrary directions. His learned antagonift Dr Clarke Robert earl of Leicelter. In the reign of Edward III. denies that there is a fimilitude between a balance however, it began to recover by the favour of his fon moved by weights, and a mind adting upon the view Henry Plantagenet, duke and earl of Lancafter, who of certain motives 5 becaufe the one is entirely paffive, founded and endowed a collegiate church and hofpital and the other not only is adted upon, but adts alfo. here. It is a borough and corporation, governed by The mind, he owns, is purely paffive in receiving the a mayor, recorder, Reward, bailiff, 24 aldermen, 48 Impreftion of the motive, which is only a perception, common council men, a folicitor, a town clerk, and and is not to be confounded with the power of adting two chamberlains. It had its nrit charter from King after, or in comequence of, that perception. The dif- John. The freemen are exempt from paying toll in ference between a man and a machine does not confift all the fairs and markets of England. It has three only in feniation and intelligence, but in this power of hofpitals; that mentioned above, built by Henry Plan- acting alfo. I he balance, for want of this power, can- tagenet duke of Lancafter, and capable of fupporting not move at all when the weights are equal j but a free 100 aged people decently j another, eredled and en- agent, he lays, when there appear two perfedtly alike dowed in the reign of Henry VIII. for 12 poor lazars 5 • reafonable ways of adting, has ftill within itfelf a power and another for fix poor widows. The caftle was a pro¬ of choofing ; and it may have itrong and very good rea- digious large building, where the duke of Lancafter fans not to forbear. kept his court. The hall and kitchen ftill remain en- I he tranftator of Moffieim’s Eeclefiaftical Hiftory tire, of which the former is very fpacious and lofty y obferves, that the progrefs of Arminianilm has de- and in the tower over one of the gateways is kept the dined in Germany and feveral parts of Switzerland, in magazine for the county militia. There was a famous confequence of the influence of the Leibnitzian and monaftery here, anciently called from its fituation in Wolfian phiiofophy. Leibnitz and Wolf, by attacking the meadows, St Alary de Praiis or Pre’z. In thefo tnart liberty of indifference, which is fuppofed to im- meadows is now the courfe for the horfe race. It is ply the power of adting not only without, but againft, faid that Richard III. who was killed at the battle of motives, ftruck, he fays, at the very foundation of the Bofworth, lies interred in St Margaret’s church. The Arminian lyftem. He adds, that the greateft poffible chief bufinefs of Leicefter is the flocking trade, which perfedtion of the univerfe, confidered as the ultimate hath produced in general to the amount of 6o,oool. end of creating goodnefs, removes from the dodtrine a-year. In a parliament held here in the reign c£ of predeftination thofe arbitrary procedures and nar- Henry V. the firft law for the. burning of heretics was row views with which the Calvinifts are fuppofed to made, levelled againft the followers of Wickliffe, who have loaded it, and gives it a new, a more pleafing, was redtor of Lutterworth in this county, and where and a more phi'lofophical afpedt. As the Leibnitzians his pulpit is faid ftill to remain. The town fuffered laid down this great end as the fupreme objedt of God’s greatly in the civil wars, by two fucceffive fieges. It univerfal dominion, and the hope to which all his dif-- has given the title of earl to feveral noble families. The lietcefter . 1] . Leighlin. LEI [ 752 ] LEI The prefent earl was created in 1784, and is the mar¬ quis of Townthend’s fon. Its market on Saturday is one of the greateft in England for provifions, efpecial- ly for corn and cattle. The population in 1801 was eflimated at 17,000. Leicestershire, an inland county of England, in form almolt circular. It has Nottinghamlhire and Derbylhire to the north j Rutlandlhire and Lincoln- Ihore on the eaft j Warwicklhire on the weft, from which it is parted by the Roman military way called Wat ling Jlreet; and by Northamptonftnre on the fouth j and is about 1 70 miles in circumference. As it lies at a great diftance from the fea, and is free from bogs and marfties, 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 pafies through the middle of it, and abounds in excellent falmon and other fifti ; 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 j but in the more hilly parts there is plenty of both, to¬ gether with great flocks of flieep. Befides wheat, bar¬ ley, 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 5 and the 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 good wool, of which they not on¬ ly make great quantities of {lockings, but fend a great quantity unmanufactured into other parts of England. They make great profit of their corn and pulfe ; and likewife breed great numbers of coach and dray horfes. It is not uncommon to rent grafs farms from 500I. to 2000I. a-year. It is in the midland circuit, and dio- cefe of Lincoln : and fends four members to parlia¬ ment, two for Leicefter, and two for the county. It contains 200 parifties and 130,000 inhabitants. LEIGH, Sir Edward, a very learned Englilh- man, was born at Shawel in Leicefterfhire, and edu¬ cated at Magdalen hall, Oxford. He was a member of the long parliament, and one of the members of the houfe of commons who were appointed to fit in the af- fembly of divines. He was afterwards colonel of a re¬ giment for the parliament; but in 1648 was number¬ ed among the Prefbyterians who were turned out, and in December he was imprifoned. From this period to the Reftoration he employed himfelf in writing a con- fiderable number of learned and valuable books, which {bowed profound learning, a knowledge of the lan¬ guages, and much critical fagacity ; and of which a lift is given by Antony Wood. Sir Edward died at his houfe called Rufhall Hall, in Staftordfhire, June 2. 1671 ; and was buried in the chancel of Rufhall church. LEIGHLIN, a town of Ireland, fituated in the county of Carlow, and province of Leinfter ; about 43 miles from Dublin, near the river Barrow. It is a borough, and formerly returned two members to parlia¬ ment ; patronage in the bifhop of the diocefe, this being a biftiopric united to Ferns. At the eaft end of the church of Old Leighlin is a famous ivell covered with great afh trees, and dedicated to St Lafarian. This place was formerly a city, though now a very mean vil¬ lage, and the cathedral has been kept in good repair. It was a foie biftiopric, founded in 632, and joined to Ferns in 1600. It is reported, that Gurmundus a Da- nifti prince was buried in this church. The laft biftiop of Leighlin before its union with Ferns, was the right reverend Robert Grave, who coming by fea to be in- flailed, fuffered ftiipwreck in the harbour of Dublin, and periftied 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 ; fince the fees were joined, it is made ufe of as a parifh church. Leighlin bridge is fituated about two miles from this village ; it was de- ftroyed by the Irifti in 1577* Here are the remains of a caftle and of an old abbey. This is a poll town, and has fairs in May, September, and Oflober. LEIGHTON, Robert, archbilhop of Glafgow. During Cromwell’s ufurpation, he was minifter of a church near Edinburgh, and diftinguiftied himfelf by his charity, and his averfion to religious and political difputes. The minifters were then called over yearly in the fynod, and were commonly aflced, Whether they had preached to the times ? “ For God’s fake (anfwer- ed Leighton), when all my brethren preach to the times, fuffer me to preach about eternity.” His mo¬ deration, however, giving offence, he retired to a life of privacy. But foon after, he was called by the una¬ nimous voice of the magiftrates, to prefide over the col¬ lege of Edinburgh ; where, during ten years, he dif- played all the talents of 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 biftiop of Dunblane, and immediately gave an inftance of his moderation : for when Sharpe and the other biftiops in¬ tended to enter Edinburgh in a pompous manner, Leighton remonftrated againft it; but finding that what he laid had no weight, he left them, and went to Edin¬ burgh alone. Leighton, in his own diocefe, fet fuch a remarkable example of moderation, that he was revered even by the moft rigid of the oppofite party. He went about, preaching without any appearance of pomp ; he 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 bifhops would be induced to join, as he thought, properly in the work, he went to the king, and refign- ed his bilhopric, telling him he would not have a hand in fuch oppnreflive meafures. Soon after, the king and council, partly induced by this good bifhop’s remon- ftrances, and partly by their own obfervations, refolved to carry on the caufe of Epifcopacy in Scotland on a different plan ; and with this view, Leighton was per- fuaded to accept of the archbiftiopric 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 archbifhopric, and retired into Suffex, where he de¬ voted hitofelf to a£ls of piety. He died in the year 1684. Fie was of a moft amiable difpofition, ftridl in his life, polite, cheerful, engaging in his manners, and profoundly learned. He left many fermons and ufeful tradls, which are greatly efteemed. LEINSTER, the eaftern province of Ireland, bound¬ ed Leighlin li Leinfter LEI [ 753 1 LEI Leinfler ed by Ulfter on the north ■, St George’s, or the Irifh II channel, on the eaft and fouth •, and by the provinces , 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 bell cultivated pro¬ vince in the kingdom j containing 2,642,958 Irilh plantation acres, 858 parilhes, 99 baronies, and 53 boroughs; it is about 1 24 miles long and 74 broad, and expends from 510 45' to 550 45' north latitude. Dermond king of Leinfter marrying his daughter Eva to Strongbow earl of Pembroke, on his deceafe made him his univerfal heir j whereby the earl inherited the province, of Leinfter, and was afterwards enfeoff¬ ed of it by Henry II. He died in 1176, and left an only daughter Ifabel, efpoufed to William Marlhal earl of Pembroke *, 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 diftri£l was almoft one continued foreft, and was principally the feat of the Kififelaghs. 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 •, it carries on a great trade, and has a right to flop and fell the merchandifes de- figned to pafs through it, and the country for 75 miles round has the fame privilege. There are three great fairs every year, 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 ‘North and South Leith. The communication between tliefe w as by a ftone bridge of three arches founded by Robert Ballantyne abbot of Holyroodhoufe in 1493, but fome 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 eredled an additional ftone quay towards its weft fide. Upwards of 100 fliips could then lie conveniently in this port : but it can now admit of a much greater number, in con- fequence of having lately undergone great improve¬ ments. In order to enlarge it, the old bridge was pulled down, and an elegant drawbridge erected a little to the eaft ward of the former fite. It is accom¬ modated with wet and dry docks, and other conveni¬ ences for fhip-building, which is there carried on to Vol. XL Part II. fome extent, as veffels come to Leith to be repaired from many parts of Scotland. A new bafon was com¬ pleted and opened in 1805, which affords a fate and convenient ftation for trading veffdsj and another is now (1813) in confiderable forwardnels. The road of Leith affords good anchorage for ihips of the greateft fize. About the clofe of the American war, when the people wrere alarmed by the appearance of Paul Jones in the frith with no more than three armed veffels, threatening to deftroy all the ftiips in the roads and harbour, a battery was eredled 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 13295 but the banks of the harbour belonged to Logan of Reftalrig, a turbulent and ambitious baron, from whom the citi¬ zens w'ere under the neceflity of purchafing the bank or wafte piece of ground between the houfes and the rivulet above mentioned, for the purpofes of wharfs, as well as for erefting (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 5 and in 1483, the town council prohibited, under fevere penalties, the citizens of Edinburgh from taking into partnerftiip 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 erected into a burgh of barony by the queen regent, Mary of Lor¬ raine, who promifed to ereft it into a royal borough. She died, however, before this was accomplifhed; 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 fucceflive fove- reigns. On the breaking out of the difturbances at the Re¬ formation, the queen regent caufed the whole 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 w'ent no farther than the ftreet now called Bernard''s nook, becaufe at that time the fea came up the length of that ftreet 5 and even as late as 1623, a heufe fituated exactly where the weigh-houfe is at prefect, is defcribed as bounded on the eaft by the “ fand of the fea-lhore,’’ All that fpace, therefore, on which the row @f houfes neareft the harbour of Leith now ftanda, has been gained fince that time from the fea. In the time of Charles I. a fortification was erected at Leith by the Covenanters. Cromwell built a ftrong fort at the place ftill called the citadel in North Leith j but it was 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 G lace L E I L.fth. lace alfo appears to have formerly flood here, fituated at the north-eaft boundaries of the former town, on the fpot where the prefent weigh-houfe ftands. It was deftroyed by the Englifh in the time of Henry VIII. The remains of this building, called the king's %vorky with a garden, and a piece of wafte land that furround- ed it, was erefted into a barony by James VI. and beftowed 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 ftill bears the name of the founder, from whence it is called Bernard'’s nook. As Teith lay within the parifh of Reftalrig, the church of Reftalrig was of confequence the place of worlhip for the inhabitants of Leith •, but in 1650 the Aflfembly ordered that church to be pulled down as a monument of idolatry, fo that Leith wanted a parifh church for upwards of 50 years. During that period they reforted for worfhip to a large and beau¬ tiful chapel already built, and dedicated to St Mary, which is now called South Leith Church; and in 1609 this chapel w'as by authority of parliament declared to be the parilh church of the diftrift : fo that Reftal¬ rig is now in the parifh of South Leith, as the latter was formerly in that of Reftalrig. In I772> a of eafe was eredled by the inhabitants, as the parifh church was infufficient to contain the number of hear¬ ers. There are alfo an Epifcopal and feveral diflenting congregations in Leith. North Leith is a parifh by itfelf, and the church which is propofed (1807) to be rebuilt, is fituated 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 fludluate 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 logwood. But the principal foreign trade of Leith is by the eaftern feas, for the navigation of which it is moft happily fltuated. To Germany, Holland, and the Baltic, it exports lead, glafs ware, linen and woollen fluffs, and a variety of other goods ; and from thence it imports immenfe quantities of timber, oak bark, hides, linen rags, pearl afhes, 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 ihipping at Leith, including thofe which belong to other ports on the Forth, which are faid to make about one- fourth of the tonnage of the Leith veflels. The (hips employed in the London trade are in general of a large fize, elegantly conftrufted, well manned, and furnifh- ed with excellent accommodations for paffengers. I he largeft fhips in this port, however, are thofe employed in the Greenland fifhery. The (hipping at Leith renders the demand for ropes, fail cloth, and cordage, very confiderable \ and difler- ent companies carry on thefe manufa&ures, befldes private perfons who deal lefs conflderably. The firft L E I of thofe companies was eftablifhed in the oegxnning of Leith. the 18ih century. This has proved a profperous and ' v—- lucrative concern. In the middle of the 17th century, a manufaflory of green glafs was eftablifhed at the citadel of Leith. Chopin bottles were fold at 4s. 6d. per dozen, and other bottles in proportion, boon afterwards this ar¬ ticle was manufadlured alfo in North Leith j 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 manufacture; 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 ere&ed by St Clair of Roflin and fome merchants ; the for¬ mer in 1750, and the latter in 1770 : a manufacture of hard foap was alfo eftablifhed in I770, Befides thefe, there are a confiderable manufafture 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 work. There is befide a branch of the Britifh 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) erecting. The inhabitants of Leith were divided into four claffes; and thefe ereiRed into corporations by the queen dowager, Mary of Lorraine. Thefe were mariners, maltmen, trades, and traffickers. The firft of thefe confifted of fhipmafters 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 fhopkeepers. 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 40I. a-year, now rifes from 70I. to 120L as trade flourifhes. For the fame purpofes the fhip- mafters alfo pay 6d. a pound out of their otvn 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 6ocl. to 700I. a- year to their poor. Oppofite 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 toe corporation. Adjoining to the fchool houfe there is another hofpital, called King James',s Hofpital; which 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 wra- ter, and the ftreets were neither properly cleaned nor lighted, an aft for remedying thefe defefts was pafled in the year 1771, appointing certain perfons from among [ 75+ 1 L E L [7 = Leith mong tlie rnagiftrates of Edinbmgli, lords of fefiion, ^ ,*1 ( inhabitants of Edinburgh and Leith, and members of .the corporations of Leith, commijjioners of police; em¬ powering them to put this aft in execution ; and, for that purpofe, to levy a fuih not exceeding 6d. in the pound upon the valued rent of Leith. The great change which has fince taken place on the ftreets of Leith (hows the good effeft of this aft, and that it has both been judicioufly prepared, and attentively execu¬ ted. Leith, however, has never been well fupplied with water ; that brought in pipes from Lochend in 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 15,000 inhabitants. The government of the town is veiled in a magiftrate fent from Edinburgh, having ad¬ miral’s power j and in two refiding bailies elefted by the town council. LEITRIM, a county of Ireland, htuated in the pro¬ vince of Connaught, is bounded on the north by the bay of Donnegal and part of Fermanagh, on the louth and weft by Sligo and Rofcommon, and on the eaft by Fer¬ managh and Cavan. It is a fruitful county j and, though mountainous, produces great herds of black cat¬ tle •, but has few places of note. It contains 206,830 Irifh plantation acres, 21 parilhes, 5 baronies, and 2 boroughs, and formerly fent fix members to parliament j 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 ■, and appears to have been formerly a place of fome note. St Mac Liegus, fon of Cernac, was bilhop here: and his fef- tival is obferved on the 8th of February. LEIXLIP, a poll and fair town of Ireland plea¬ fantly fituated in the county of Kildare and province of Leinfter, about eight miles from Dublin. Near it are the ruins of the church and caftle of Confy. The caftle of Leixlip is beautifully fituated 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 water¬ fall called the Salmon leap, there being plenty of that fpecies of fi(h hereabouts. A mile from this is Caftle- town, the magnificent feat of Mr Conolly. LELAND, John, a celebrated Englifti antiquary, was born in London about the year 1507. Having loft his parents when a child, he had the good for¬ tune to find a friend and patron in one Mr Thomas Miles, who placed him in St Paul’s fchool, of which the grammarian Lilye was mailer. 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 underitood in this kingdom. On his return to England he took orders, and was foon appointed chaplain to King Henry VIII. who alfo gave him the reftory of Poppeling, in the marfhes of Calais, appointed him his librarian, and in 1533 granted to him by commiftion under the great feal, the office of king’s antiquary j an office never borne by any other perfon before or fince. By this com- miffion he was empow'ered to fearch for ancient writ¬ ings in all the libraries of colleges, abbeys, priories, &c, in his majefty’s dominions. We are told by his 5 ] L E L laft biographer, that he renounced Popery foon after Le'ai a. his return to England ; but he quotes no authority. —" Be this as it may, in 1536 he obtained a difpenia- tion to keep a curate at Poppeling, 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 where monuments of antiquity were to be expefted. After his return, in the year I542> he was prefented by the king to the rich reftory of Hafe- ley in Oxfordffiire $ 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 Salifbury. Being thus amply pro¬ vided for, he retired to a houfe of his own in the pariftt of St Michael le Querne in London, where he fpent fix years more in digefting the materials which he had collefted. King Henry VIII. died in 1547, and in a ffiort time after, poor Leland loft his fenfes. He was at firft feized with a deep melancholy, which was fuc- ceeded by a total deprivation of his reafon. In this dreadful ftate he continued till the beginning of the year 1552, when he was 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 univer- fal linguift, an excellent Latin poet, and a moft inde¬ fatigable and fkilful 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 colleftions to Humphrey Purefoy, Efq. which in 1612, were by his fon given to William Burton, author of the hiftory of Leicefterftrire. This gentleman alfo became pof- fefled of the Itinerary in 8 vols folio, which, in 1632, he depofited in the Bodleian library. Many other of Leland’s manuferipts, after 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¬ feripts were of great ufe to all our fubfequent antiqua¬ rians, particularly Camden, Sir William Dugdale, Stowe, Lambard, Dr Batteley, Ant. Wood, &c. His Itinerary throughout moft parts of England and Wales, was publifhed by Mr Hearne, 9 vols. 8vo, in 1710-11 j as was alfo his CollcBanea de rebus Britannicis, 6 vols. 8vo, in 1715. Lf.LAND, John, a diftinguiffied writer in defence of Chriftianity, was born at Wigan in Lancaffiire in 1691, of eminently pious and virtuous parents. Tiiey took the earlieft care to feafon his mind with proper inftruc- tions } but, in his fixth year, the fmallpox deprived him of his underftanding and memory, and expunged all his former ideas. He continued in this deplorable ftate near a twelvemonth, when his faculties feemed to fpring up anewr j and though he did not retain the lead: traces of any impreffions made on him before the diftemper, yet he now difeovered a quick apprehenfion and ftrong memory. In a few years after, his parents fettled in Dublin, which fituation gave him an eafy introduftion to learning and the fciences. When he was properly qualified by years and ftudy, he was call¬ ed to be pallor to a congregation of Proteftant diffen- ters in that city. He was an able and acceptable preacher, but his labours were not confined to the pui- 5 C 2 pit- L E L r 756 ] LEM Leland pit. The many attacks made on Chriftianity, and by j' tome writers of no contemptible abilities, engaged him . to confider the fubjeft with the exafteft care, and the molt faithful examination. Upon the moft deliberate inquiry, the truth and divine original, as well as the excellence and importance of Chriftianity, appearing to him with great luftre, he publilhed anfwers to feve- ral authors who appeared fucceflively in that caufe. He was indeed a mafter in this controverfy j and his hiftory of it, ftyled “ A View of the Deiftical Writers that have appeared in England in the laft and prefent Century,” &c. is very greatly and defervedly efteem- ed. In the decline of life he publiftied another labo¬ rious work, entitled “ The Advantage and Neceflity of the Chriftian Revelation, (hown from the State of Religion in the ancient Heathen World, efpecially with refpedl to the Knowledge and Worlhip of the One true God $ a Rule of Moral Duty, and a State of Fu¬ ture Rewards and Punifhments: to which is prefixed, a long and preliminary Difcourfe on Natural and Re¬ vealed Religion,” 2 vols 410. This noble and exten- five fubjeft, the feveral parts of which have been {light¬ ly and occafionally handled by other writers, Leland has treated at large with the greateft care, accuracy, and candour. And, in his “ View of the Deiftical Writers,” his cool and difpaftionate 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. But not only his learning and abilities, but alfo his amiable temper, great modefty, and exemplary life, re¬ commended his memory to general efteem and affec¬ tion. He died in 1766. 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 colleftion of people:” they firft occupied the iftands ; then pafling over to the continent, they fettled partly in Myfia on the Sinus Adramyttenus, and partly in that part of Ionia next Caria.—There 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 Halicarnalfus, where they fixed their habitation.—The inhabitants of Laconia and of Megara alfo bore this name for feme 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 Ze/e- ges.—Alfo the name of a Greek who was the firrt king of Laconia in Peloponnefus. His fubje&s were alfo called Lieges, and the country where he reigned Le- legia. LELY, Sir Peter, an eminent painter, was born in Weftphalia in the year 1617. He w-as placed as a difciple with Peter Grebber at Haerlem 5 and in 1641 was induced, by the encouragement Charles I. gave to the fine arts, to come to England. He became ftate- painter to Charles II. who knighted him ; and being as complete a gentleman as a painter, that king took plea- furein converfing with him. He praftifedportrait paint¬ ing, and fucceeded fo well that he was preferred before all his contemporaries. Hence he became perpetually involved in bufinefs j fo that he was thereby prevented 3 from going into Italy to finifh the courfe of his ftu- Lely dies, which in his younger days he was very defirous II of: however, he made himfelf amends, by getting the Lcniery' beft drawings, prints, and paintings, of the moft cele- ^ brated Italian mafters. Among thefe were the better part of the Arundel Colleftion, which he had from that family, many whereof were fold after his death at prodigious rates, bearing upon them his ufual mark of P. L.—The advantage he reaped from this collec¬ tion, the beft chofen of any one of his time, appears from that admirable ftyle which he acquired by daily converfing with the works of thofe great mafters. In his corredl draught and beautiful colouring, but more efpecially in the graceful airs of his heads, and the pleafing variety of his poftures, together w ith the gentle and loofe management of the draperies, he excelled moft of his predeceflors. Yet the critics remark, that he preferved in almoft all his female faces a drowfy fweetnefs of the eyes peculiar to himfelf j for which he is reckoned a mannerift. The hands of his portraits are remarkably fine and elegantly turned j and he fre¬ quently added landfcapes in the back grounds of his pidtures, in a ftyle peculiar to himfelf, and better fuit- ed to his fubjeft than moft men could do. He excel¬ led likew’ife in crayon painting. He was familiar with, and much refpe&ed by, perfons of the greateft emi¬ nence in the kingdom. He became enamoured of a beautiful Englifn lady, to whom he was fome time af¬ ter married $ and he purchafed aneftate at Kew in the county of Surrey, to which he often retired in the lat¬ ter part of his life. He died of an apoplexy in 1680 at London ; and was buried at Covent Garden church, where there is a marble monument eredted to his me¬ mory, with his bull, carved by Mr Gibbons, and a La¬ tin epitaph, written, as is faid, by Mr Flatman. LEMBERG, a town of Poland, capital of Red Ruflia, 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 archbiftiop, and an Armenian as well as a Ruffian biftiop j but the Proteftants are not tolerated. The city was reduced to the laft extremity by the rebel Cofl’acs and Tartars, and was forced to redeem itfelf with a large fum of mo¬ ney. In 1672, it was befieged in vain by the Turks j but in 1704, was taken by ftorm by Charles XII. of Sweden. E. Long. 23. 59. N. Lat. 49. 51. LEMERY, Nicholas, a celebrated chemift, bom 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 chemiftry in the laboratory of this chemift at the Hotel de Conde; which brought him to the knowledge and efteem of the prince. He provided himfelf at length with a la¬ boratory of his ow n, 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 lectures j and his confluence of fcholars was fo great as fcarcely to allow him room to perform his operations. The true principles of chemiftry in his time were but ill underftood j Lemery was the firft: who abolilhed the fenfelcfs jargon of barbarous terms, reduced LEM [ 757 1 LEM Lemery reduced the fcience to clear and fimple ideas, and pro- 11 mifed nothing that he did not perform. In 1681, he Lemnos. was diifurbed 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 j but the revocation of the edidt of Nantz drove him into the Romilh communion to avoid perfe- cution. He then became affociate chemift and penfion- ary in the Royal Academy of Sciences, and died in 1715. He wrote, A courfe of chemiftry ; An univer- fal pharmacopoeia; An univerfal treatife of drugs; and, a treatife on antimony. LEM1NG, in Zoology. See Mus, Mammalia Index. LEMMA, (of Xctfdlxvu, “ I affume,”) in Mathema¬ tics, denotes a previous proportion, laid down in order to clear the way for fome following demonllration ; and prefixed either to theorems, in order to render their demonftration lefs perplexed and intricate ; or to problems, to make their refolution more eafy and (hurt. Thus, to prove a pyramid one-third of a prifm, or pa- rallelopiped, of the fame 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 progreflion, that the fum of the feries of the (quares, 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 terra multiplied by the num¬ ber of terms. Thus, to find the inflexion of a curve line, this Jemma is firft premifed, that a tangent may be drawn to the given curve in a given point. So in phyfies, to the demonftration of moft propo- fitions, fuch lemmata as thefe are neceffary firft to be allowed : that there is no penetration of dimenfions; 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, Duckmeat, a genus of plants belong¬ ing to the monoecia clafs; and in the natural method ranking under the 54th order, Mifceilanece. See Bo¬ tany Index. LEMNIAN EARTH, Terra Lemnia, a medicinal, aftiingent fort of earth, of a fatty confidence and red- dilh colour ; ufed in the fame 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 :o called, but compofed of the dried pulp of the fruit of the Baobab. LEMNIUS, LjEVINUS, a famous phyfician, born at Ziric Zee in Zealand, in 1 505. He pra&ifed phyfic with applaufe ; 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 Deoccultis naturae miraculis. LEMNOS, in Ancient Geography, a noble ifland in the Aigean fea, near Thrace, called alfo Dipolis, from its confiding 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 Lemnos of the Lemnian widow's by the Argonauts, whole de- Le fcendants were at laft expelled by the Pelafgi, about 1100 years before the Chriftrian era. Lemnos is about 112 miles in circumference according to Pliny ; who fays, that it is often (hadowed by Mount Athos, though at the diftance of 87 miles. It has been called thp/i- pyle from Queen Hipfipyle. It is famous for a certain kind of earth or chalk called terra Lemnia, 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 illand, and to confecrate the whole country to his divinity. Lemnos is alfo celebrated for a labyrinth, which, according to fome traditions, furpaffed thofe of Crete and Egypt. Some remains of it were (till vifible in the age of Pliny. The ifland of Lemnos w as reduced under the power of Athens by Miltiades. LEMON. See Citrus, Botany Index. LEMON IJland, one of the Skelig iflands fo called ; fituated oft" 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 way dan¬ gerous to (hips. An incredible number of gannets and other birds breed here ; and it is remarkable that the gannet nettles nowhere on the fouthern coatts 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 water, 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 Arvernr to the eaft, the Cadurci to the fouth, and the Pidtones to the weft. 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; reftlefs ghofts of departed perfons, who return to ter¬ rify and torment the living. Thefe are the fame with larvae, which the ancients imagined to wander 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 (ouls of men releafed from the bands of the body, and freed from performing their bodily fundtions, 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 reft, and ter¬ rified good men, and hurt the bad, are vulgarly called larvae. 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. L E N [ 7i Lemares But Apuleius obferves, that in tbe ancient Latin tongue lemures fignifies the foul of a man leparated from Hmii'ef" ^ie body by death. tl..‘ LEMURIA, orLEMURALiA, 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 inftitut- 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 feaft 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. 124. 30. from Ferro. After traverfing a large traft of country, it divides itfelf into five branches about Lat. 730. Three of thefe run weftward, and two eaftward, by which it difcharges itfelf into the Icy fea. Its three weftern 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. LENAL A, a feftival kept by the Greeks in honour of Bacchus, at which there was much feafting 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 ftrong 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. 17. N. Lat. 51. 52. LENDING-Houses. That it (liould have once been conceived unlawful to exatt 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 productive as in modern times. As money, therefore, was at that time fought to remove immediate neceflity, thofe who advanced it were influenced by benevolence and friendftiip. But on the extenfion of trade, arts, and manufactures, money lent produced much more than what was adequate to the borrower’s daily fupport, and therefore the lender might reafonably expeft from him fome remuneration. To the lending of money up¬ on intereft, according to the earlieft accounts we have, fucceeded the praCtice of eftablilhing funds for the re¬ lief of the needy, on condition that they could de- pofit any thing equal in value to double the fum bor¬ rowed, for which they were to pay no intertft. But as, on the one hand, the idea of exaCting inte¬ reft for the loan of money was odious to the members \«f the Popilh church in general, and as, on the other, 8 ] L E N it appeared highly proper and even neceffary, to pay in- Lending- tereft for money to be employed in commerce, the pon-. ttouie?, tiffs themfelves at length allowed the lending-houfe to , eii^ailt_ take a moderate intereft j 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,—t\\e expreflion made ufe of in the papal bull. It appears that lending-houfes, which gave money on the receipt of pledges, at a certain intereft, are by no means of recent date •, for many of the houfes ftf this nature, in Italy at lead, were eftabliftted in the 15th century, by Marcus Bononienfis, Michael a Carcano, Cherubinus Spoletanus, Antonius Vercellenfis, Bernar- dinus Tomitano, and others. The lending-houfe at Perugia, eftabliftied by Barna¬ bas Interamnenfis, was infpeCled by Bernardinus in 1485, who augmented its capital, and in the fame year eftabliftied one at Afliii, 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 fanction ot the pope, as Wadding informs us. The fame perfon alfo founded lending- houfes at Florence, Parma, Chieti, and Piacenza, in do¬ ing which he was fometimes well received, while at o- thers he frequently met with the moft formidable oppo¬ fition. A houfe of this kind was eftabliftied 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 eftablilhed 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 efta¬ bliftied at Nuremberg in Germany-about 1618, the in¬ habitants having obtained from Italy the regulations of different houfes, in order to feleft the beft. In I ranee, England, and the Netherlands, lending-houfes were firft known under the denomination of Lombards. Si¬ milar inftitutions were formed at Bruffels in 1619} at Antwerp in 1620, and at Ghent in 1622. Although fuch houfes muft 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 j but one was efta- bliffed at Paris in 1626, in the reign of Louis XIII. which the managers next year w?ere obliged to abandon. The mont depiete at that city, which has fometimes had in poffeflion 40 calks full of gold watches that were pledged, was eftabliftied by royal authority in the year 1777, as we learn from the Tableau de Paris, publifti- ed at Hamburg in 1781.—Beckman's Hift. of Inven¬ tions. LENFANT, James, a learned French writer, was born in 1661. After ttudyidg at Saumur, he went to Heidelberg, Were he received impofition of bands for the miniftry in 1684. He difeharged the funftions of this character with great reputation there, as chap¬ lain of the eledtrefs dowager Palatine, and paftor in ordinary to the French church. Hie defeent of the French into the Palatinate obliged our author to de¬ part from Heidelberg in 1687. He went to Berlin, where the eledtor Fredeiic, afterwards king of Pruftia, appointed him one of the minifters. rIhere he conti¬ nued 39 years, diftinguiftiing himfelf by his writings. L E N [ 759 3 L E N Lengthen-, Lenfant He was preaclier to the queen of PrufTiHj Charlotta Sophia j and after her death, to the late king of Pruflia. In 1707 he took a journey to England and Holland, where he had the honour to preach before Queen Anne; and might have fettled in London, with the title of chaplain to her tnajejhj. In 1712 he went to Helmftadt, in 1715 to Leipfic, and in J725 to Breflau, to fearch for rare books and MSS. It is not certain whether it was he that firft formed the de- lign of the Bihliotheque Germanique, which began in 1720 ; or whether it was fuggefted to him by one of the fociety of learned men, wEich took the name of Anonymous, and who ordinarily met at his houfe. He died in 1728. His principal works are, 1. The Hi- ftory of the Council of Conftance, 2 vols 410. 2. A Hiftory of the Council of Pifa, 2 vols 4U). 3. The New Teftament, tranflated from the Greek into the French, with Notes by Beaufobre and Lenfant, 2 vols 4to. 4. The Hiftory of Pope Joan, from Spanheim’s Latin Differtation. 5. Several pieces in the Bibiio- theque Choijie, La Republic des Lettres, La Bibliotheque Germamque, &c. LENGLET, Nicholas du Fresnoy, l’abbe', born at Beauvais in France, 1674, was a moft fertile and ufeful French author on a variety of fubje&s, hif- torical, geographical, political, and philofophical. The following deferve particular notice : 1. A Method of Studying Hiftory, with a Catalogue of the Principal Hiftorians of every Age and Country, publiftied in 17135 a work which eftabliftred his reputation as an hiftorical writer : it was tranflated into moft of the modern languages, particularly our own, with confide- rable improvements, by Richard Rawlinfon, LL. 1). and F. R. S. and publiftied at London in 1730, in 2 vols 8vo. 2, A Copious Abridgement of Univerfal Hiftory and Biography, in chronological order, under the title of Tablettes Chronologiques ; wdiich made its firft appearance at Paris in 1744? in 2 vols fmall 8vo, and was univerfally admired by the literati in all parts of Europe. The author attended with great candour, as every writer ought, to well-founded judicious criti- cifms. In future editions he made feveral alterations and improvements, and from one of thefe, we believe, that of 1759, an Englifti tranflation was made, and publiftied at London in 1762, in 2 vols large 8vo. Du Frefnoy died in 1755 : the Paris edition of 1759 was printed from the author’s corrected copy 5 and the impreffion being fold off, another edition appeared in 1763, with confiderable improvements by an un¬ known editor : to the biographical part a great num¬ ber of names of refpedtable perfons are added, not to be found in the former edition 5 and it has this fupe- rior advantage in the hiftorical parts, that the general hiftory is brought down to the year 1762. Du Fref¬ noy, however, has loaded his work with catalogues of faints, martyrs, councils, fynods, herefies, fchifms, and other ecclefiaftical matters, fit only for the libraries of Popifh convents and feminaries. LENGTH, the extent of any thing material from end to end. In duration, it is applied to any fpace of time, whether long or ftiort. LENGTHENING, in fhip carpentry, the opera¬ tion of cutting a (hip dowm acrofs the middle, and add¬ ing a certain portion to her length. It is performed by a«ing her planks afunder in different places of her length, on each fide of the midftiip frame, to prevent Ltngtfen- her from being too much weakened in one place. The two ends are then drawn apart to a limited diftance 5 which muft be equal to the propofed addition of length. An intermediate piece of timber is next added to the keel, upon which a fufficient number of timbers are eredled, to fill up the vacancy produced by the feparation. The two parts of the kelfon are afterwards united by an additional piece which is fco- red down upon the floor timbers, and as many beams as may be neceffary are fixed acrofs the (hip in the new interval. Finally, The planks of the fide are prolonged fo as to unite with each other 5 and thofe of the ceiling refitted in the fame manner j by which the whole pro- cefs is completed. LENOX or Dunbartonshire, a county of Scot¬ land. See Dunbartonshire. Among the rivers of this county is the Blane, which, though itfelf an inconfide- rable ftream, has been rendered famous by the birth of George Buchanan, the celebrated Latin poet and hifto- rian. The fame part ef the country gave birth to the great mathematician and naturalift, Baron Napier of Merchifton, inventor of the logarithms. The title of Lenox, with the property of great part of the Ihire, was heretofore veiled in a branch of the royal family of Stuart, w ith which it w as reunited in the perfon of King James VI. whofe father, Henry Lord Darnley, was fon of the duke of Lenox. This prince conferred the title upon hiskinfman Efme Stuart, fon of John Lord d’Au- bigny in France ; but his race failing at the death of Charles duke of Lenox and Richmond, and the eftate devolving to the crown, King Charles II. conferred both titles on his own natural fon by the duchefs of Portfmouth 5 and they are Hill enjoyed by his pofterity. The people of Lenoxlhire are chiefly Low landers, though in fome parts of it divine fervice is performed in the Erfe language The moft numerous clans in this di- firidt are the Macfarlanes, the Colquhouns, and the Buchanans. LENS, a piece of glafs, or any other tranfparent fubftance, the furfaces of which are fo formed, that the rays of light, by palling through it, are made to change their diredlion, either tending to meet in a point beyond the lens, or made to become parallel af¬ ter converging or diverging 5 or laftly, proceeding as if they had iffued from a point before they fell upon the lens. Some lenfes are convex, or thicker in the middle ; fome concave, or thinner in the middle 5 fome plano-convex, or plano-concave 5 that is with one fide flat, and the other convex or concave 5 and fome are called menifcufes, or convex on one fide and concave on the other. See Dioptrics. Lenfes are of two kinds, either blown or ground. Blown LENSES, are only made ufe of in the fingle microfcope, and the common method of making them has been to draw out a fine thread of the foft white glafs called cryjlal, and to convert the end of it into a fpherule by melting it at the flame of a candle. Mr Nicholfon obferves that window glafs affords excellent fpherules. A thin piece from the edge of a pane of glafs one-tenth of an inch broad was held perpendicu¬ larly, and the flame of a candle was directed againft it by means of the blov'-pipe, when it became foft, and the lower end defeended by its own weight to the di¬ ftance of about two feet, where it remained fufpended b* L E N r 760 ] LEO Len?, by a thin thread of glafs about of an inch in dia- meter. A part of this thread was applied endwife to "^v_ri" the lower blue part of the flame of the candle without the blow-pipe, when the end became inftantly white- hot, and formed a globule, which was gradually thrufl: towards the flame till it became fufficiently large. A number of thefe were made and examined, by viewing their focal images with a deep magnifier, when th#y appeared bright, perfeft, and round. Ground LENSES are fuch as are rubbed into the lhape required, and polilhed. Several ftiapes have been pro- pofed, but the fpherical has been found to be the moft pradlically ufeful. Yet by various modes of grinding, the artificer can produce no more than an approxima¬ tion to a figure exaftly 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- lefcopes. Mr Jenkins has defcribed a machine, which being fo contrived as to turn a fphere at one and the fame time on two axes, cutting each other at right angles, will produce the fegment of a true fphere, merely by turning round the wheels, and that with¬ out any care or {kill in the workmen. See Me¬ chanics. LENT, a folemn time 'of fading in the Chriflian church, obferved as a time of humiliation before Ealler, the great feflival of our Saviour’s relurredtion. Thofe of the Romifh church, and fome of the Pro- teftant communion, maintain, that it was always a faft of 40 days, and, as fuch, of apoftolical inftitu- tion. Others think it was 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 fall of 40 days. ’Ihis is the fentiment of Morton, Biftiop 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 refrefliment was a fupper ; and then it was indifferent whether it was flefti or any other food, provided it was ufed with fobriety and modera¬ tion. Lent w’as thought the proper time for exercifing, more abundantly, every fpecies of charity. Thus w’hat they fpared from their own bodies by abridging them of a meal, was ufually given to the poor ; they em¬ ployed their vacant hours in vifiting the fick and thofe that were in prifon, in entertaining ftrangers, and re¬ conciling differences. The imperial law’s forbade all profecution of men in criminal aftions, that might bring them to corporeal 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 wrere prohibited at this feafon ; as alfo the celebration of all feftivals, birth days, and mar¬ riages, as unfuitable to the prefent occafion. The Chriflians of the Greek church obferve four lents : the firft commences on the 15th of November $ 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 till the 15th. Thefe lents are obferved with great ftri&nefs and aufterity j but on Saturdays and Sundays they indulge themfelves in drinking wine and ufing v oil, which are prohibited on other days. LENTIL. See Ervum, Botany Index,. LENTINI. See Leontini. LENTISCUS. See Pistacia, Botany Index. LEO. See Felis, Mammalia Index. Leo, in Ajlronomy, the fifth of the 1 2 figns of the zodiac. The ftars in the conftellation Leo^ in Ptolemy’s catalogue are 27, befides the unformed, which are 8 \ in Tycho’s 30 ; in the Britannic catalogue 95. Leo X. Pope, fecond fon of Lorenzo de Medici, was born at Florence in December 1475, 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 two 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 preferments, a ftrong proof of the moft feandalous 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 invefted with the pur¬ ple in 1492, going afterwards to refide at Rome as one of the facred college. Having oppofed the eleftion »f Alexander VI. to the pontificate, he found it prudent to withdraw to Florence, in which place he acquired much perfonal efteem *, but on the invafion of Italy by Charles VIII. of France, he was involved in the ex- pulfion of his brother Piero, and took refuge at Bolog¬ na. In 1499 he made a tour through the flates of Venice, Germany, and France, going afterwards to Rome, where he lived fafe and refpedled during the pontificate of Alexander, in confequence of his prudent behaviour. In 1505, when 30 years of age, he began to take an aflive part in public affairs, ani Julius II. appointed him governor of Perugia. As he adhered with un- Ihaken 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 dire&ion of the pa¬ pal army againft France ; and if he was not competent to conduft 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, w’here 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 diftridl in the capacity of the pope’s legate. At the eledlion 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 [7 ct t’rfc conclave for electing fo young a pope, it is 1 agreed on all hands, that it was not effe&ed by thofe corrupt pra&ices too common on fuch ocealions ; and he afcended the throne under the name ef 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 victory over the French in the reign of Louis XII. at the bloody battle of Novara, by which means they were driven from Italy 5 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 effefled the rellora- tion of the Roman univerfity to its former fplendour by means of new grants and privileges, and by filling the profelforlhips with diltinguilhed charafters from every quarter. A Greek prefs was eftabliffied in the city, and all Europe was informed that perfons bring¬ ing ancient manuferipts 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 profeflorfhip 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 king of Arragon, the ftates of Milan and Florence, and the Swifs cantons, againft the French king and theftate 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 two fovereigns. In 1517, the duke of Urbino, whom he had expell¬ ed, in order to make way for his nephew Lorenzo, col- letted 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 relinquiffi 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. Petrucci, 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. He was ftrangled, and his ac¬ complices were put to death with the fevereft tortures. To fhelter himfelf from danger, whether real or ima¬ ginary, Leo created 31 new cardinals in one day, chiefly from among his own relations, and fome of them deferving of fuch dignity by their virtues and talents. Vol. XL Part II. 61 ] LEO In the reign of this pontiff began the reformation of religion under the celebrated Martin Luther, vho in- fii£ted fuch a wound on the Romiih church as will never be healed. Leo’s tafte for luxurious magnificence and every objeft of expence having exhaufted his coffers, he took from the church the profits arifing from the lale of indulgences for his own private emolument. Thefe wares were extolled in language which {hocked the pious and thinking part of mankind, and facilita¬ ted the progrefs of the reformation in the hands of fuch a man as Luther, whom fiothing could intimidate. This great man during his oppofition to the extrava¬ gance of Lco^in the fale of indulgences, was ftill will¬ ing to be reconciled j but as he infilled 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 wras impoffible. The works 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 faid, wfere devoted to indolence, or to amuferaents $ and that fome of them were unworthy of his clerical dignity. Many enor¬ mities are aferibed to him which we (hall pafs over in. filence, as they do not appear to have fuch incontefta- ble evidence as to warrant the belief of them. He never loft fight of his favourite idea of expelling the French from Italy. The Swifs who had been in the fervice of France were induced to defert, the allies croffed the Adda, and entered Milan without oppofi¬ tion. They next entered the territories of the duke of Ferrara who had efpoufed the caufe of France. Many of his ftrong places were taken, and fiege w as about te be laid to his capital, when it was prevented by the in- difpofition of the pope, which in the (pace of eight days terminated in his death, on December 1. 1521, in the 46th year of his age, and the 9th of his ponti¬ ficate. It w'as fuppofed by fome that he died by poifoq, but we have feen no fufficient proof for fuch a conclu- fion. Without attempting to draw the moral and po¬ litical chara6ler of this celebrated pontiff, about which mankind have been fo much divided, it may be fairly afferted 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 fufticient to veil all the failings or faults which can juftly be charged to his account. This character 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 j and trims her wither’d bays j Rome’s ancient Genius, o’er its ruins fpread, Shakes off the duft, and rears his rev’rend head. Then Sculpture and her fifter Arts revive : Stones leap to form, and rocks begin to live j With fweeter notes each rifing temple rung j A Raphael painted, and a Vida fung. Leo, St, a fmall but ftrong town of Italy, in the 5 D territory LEO [ 762 ] LEO territory oF the church, and duchy ai Urbino, with a bilhop’s; fee. It is feated on a mountain, near the ri¬ ver Marrechia, in E. Long. 12. 25. N. Lat. 43. 57. LEOMINSTER, a town of Herefordfhire, 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 ; 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 Reward, bailiff, recorder, &c. The heft flax is faid to grow here, and it has been equally noted for the heft wheat, barley, and th® flneft bread. The inhabitants have a confiderable trade not only in wool, but in gloves, leather, hat¬ making, &c. and there are fsveral rivers in and about the town on w'hich they have mills and ether 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. 36. N. Lat. 52. 20. LEON, an ancient town of France, in Lower Bre¬ tagne, and capital of the Leonnois, with a bifliop’s fee. It is feated near the lea, in .W» Long. 3. 5 j. N. Lat. 48. 41. Leon, a province of Spain, with the title of a king¬ dom •, bounded on the north by Afturias ; 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 1-25 miles in length, and 100 in breadth y and is divided into two 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 cpifcopal town 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 w'as formerly more rich and populous than at prefent, and had the honour of being the capital of the lirft Chriftian kingdom in Spain. It is feated between two fources of the river Ella, in W. Long. 5. 37: N. Lat. 42. 36. 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 relided 17 years ; and obferved fo many remarkable things, that he refolved to commit them to writing. The firft part ®f 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. LEON de Nicaragua, a town of North America, in New Spain, and in the province of Nicaragua •, the re- ftdence of the governor, and a bifhop’s fee. It con- ftfts 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 fuhjeft to earthquakes. R was taken by the bucaniers in 1685, in fight of a Spanifti army who were fix to one. W. Long. 86. 56. N. Lat. 12. 25. LEONARD de noblet, St, an ancient town of France in the province of Guienne and territory of Limoiin, with, a confiderable manufaflory of cloth and paper. It is feated on the river Vienne, in E. Long. Leonard 1. 35. N. Lat. 45. 50. ~ . II . LEONARDO da vinci. See Vinci. ,Leontim- LEON CL A VI US, John, -one of the moft learn¬ ed men of the l'6th century, w as a native of Weftpha- lia. He travelled into Turkey, and collefted excel¬ lent materials for compofing The Ottoman Hiftory j and it is to him the public is indebted for the heft ac¬ count we have of that empire. To his knowledge in the learned languages he had added that of the civil law ; whereby he was very well qualified to tranflate the Bcjilica. 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 againft Xerxes, 480 B. C. See Sparta. LEONINE, in poetry, is applied to a kind of verfes which rhime at every hemiftic, the middle always chiming to the end. Of which kind we find feveral an¬ cient hymns, epigrams, prophecies, &c.—For inftance, Muretus fpeaking of the poetry of Lorenzo Gambara of Breffe, fays, Bnxia, ft gratis merdofa volumina ftatis, Non funt «o/7rates tergere digna watis. The following one is from the fchool of Salernum : Ut vites pcenam de potibus incipe coenam. The origin of the word is fomewhat obfeure : Paf- quiet derives it from one Leoninus or Leonius, who excelled in this way y and dedicated feyeral pieces to Pope Alexander III.; others derive it from Pope Leo; and others from the beaft called 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 priefts who officiated at them Leones^ becaufe they reprefen ted 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 two hundred and twenty days. The ceremony was fomfetimes alfo called Mithriaca, Mithras being the name of the fun among the ancient Perfians. There was always a man facriiked at thefe feafts, till the time of Hadrian, who prohibited it by a law. Commodus introduced the cuftom afrefli, 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, Corydules. See Botany Index. LEON TIN I, or LeonTIUM, in Ancient Geography, a town of Sicily on the fouth fide of the river Terias, 20 miles north-weft of Syracufe. The territory, called Carnpi Leontini, was extremely fertile (Cicero) : thefe were the Catnpi Lcejlngdnii anciently fo called; the feat of the Lseftrigens, according to the commentators on the poets. The name Leontini is from Leo, the im- prtflloii L E P Leon tin! pre£Ti@tt on their coin being a lion. Now call Lentini, I! a town fituated in the Val di Noto, in the fouth-eaft of c^0^‘ 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, Compofitce. 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 43d order, Verticillatce. See Lot ANY Index. LEOPARD. See Felis, Mammalia Index. Leopard's Bane. See Doronicum, Botany Index. LEPANTO, a flrong 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; 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 (hut up by a chain, the entrance being but 50 feet wide. It Was 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 was near this town that Don John of Auftria obtain¬ ed the famous vidtory over the Turkifti fleet in 1571. The produce of the adjacent country is wine, oil, corn, and rice. Turkey leather is alfo manufadtured here. The wine would be exceeding good if they did not pitch their veflels on the infide, but this renders the tafte very difagreeable to thofe who are not aceuf- tomed 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. 11. N. Lat. 38- 34* LEPAS, the Acorn, a genus of Ihell-filh belong¬ ing to the order of vermes teftacea. See Conchology Index. LEPIDIUM, Dittander, or Pepperwort, a genus flf plants belonging to the tetradynamia clafs, and in the natural method ranking under the 39th order, Si/t- quofce. See Botany Index. LEPIDOPTERA, in Zoology, an order of infedls, with four wings, which are covered with imbricated fcales. See Entomology. LEPISMA, a genus of infedls belonging to the or¬ der of Aptera. 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 fubjeft to that called Elephantiafis. Hence the Jewifti law excluded lepers from communion with mankind, banifhing them into the country or uninha¬ bited places, without excepting even kings. When a leper was cleanfed, he came to the city gate, and v-as there examined by the priefts ; after this he took two live birds to the temple, and faftened one of them to a wifp of cedar and hyflop tied together with a fcarlet ribbon ; the fecond bird was killed by the leper, and the blood of it received into a veffel of water j with L E R this water the prieft fprinkled the leper, dipping the wifp and the five bird into it : this done, the live bird was let go j and the leper, having undergone this ce¬ remony, was again admitted into foeiety and to the ufe of things facred. See Levit. xiii. 46, 47. and Levit. xiv. 1, 2, &c. LEPi'OCEPHALUS, a genus of fifties, belong¬ ing to the order of Apodes. See Ichthyology /«- dex. LEPTOPOLYGINGLIMI, in Natural HiJlonj, a genus of foftil ftiells, diftinguiftied by a number of minute teeth at the hinge. Specimens of thefe are found at Harwich cliff, and in the marl pits of Suf- fex. LEPTUM, in antiquity, a fmall piece of money, which according to Tome, was only the eighth part of an obolus ; but others will have it to be a filver or brafs drachm. LEP I UR A, a genus of infefls 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 Afironomy, a conftellation of the fouthern hemifphere ; whofe ftars in Ptolemy’s ca¬ talogue are 12 j in that of Tycho’s 13 5 and in the Britannic 19. LERCHEA, a genus of plants belonging to the monadelphia clafs. See Botany Index. LERIA, 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 ef the kings of Portugal. W. Long. 8. 34. N. Lat. 39. 40. LERIDA, an ancient, ftrong, and large town of Spain, in Catalonia, with a biftiop’s fee, an univerfity, and a ftrong caftle. This place declared for King Charles after the reduction 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. 0. 25. N. Lat. 41. 31. LERINA, or Planasia, in Ancient Geography, one of the two fmall iflands over againft Antipolis, called alfo Lerinas and Lirinus. Now St Honorat, on the coaft of Provence, fcarce two 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 was taken by the Englifti in 1746, but Marftial Belleifle retook it in 1747. The other is call¬ ed St Honorat; and it is lefs than the former, but has a Benedictine abbey. LERMA, a town of Spain in Old Caftile, feated on the river Arlanza, with the title of a duchy. W. Lono-. 3. 5. N. Lat. 42. 2. LERNA, in Ancient Geography, not far from Ar¬ gos, on the confines of J^aconia j fuppofed to be a town of Laconia, but on the borders of Argolis j the pofition Paufanias allots to it, near Temenium, on the fea; 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 contradiflion to Paufanias. If there was a town of this name, it 5 D 2 • feems [ 7S3 3 L E S [ 764, J EES Lern^ Teems lo have (lood towards the Tea, but the lake to have , '| ^ been more inland. Mela calls it a well known town on 1'e715' - the Sinus Argolicus and Statius by Lerna Teems to mean fomething more than a lake. This, however, is the lake in which, as Strabo fays, was the fabled Hydra of Hercules : therefore called Lerna 4/igu{fera (Statius). The lake runs in a river or ftream to the Tea, and per¬ haps arifes from a river (Virgil). From the lake the proverb, Lerna Malorum, took its rife j becaufe, accord¬ ing to Strabo, religious purgations were performed in it; 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, feateu on the fouthern coalt of that ifland, where there is a good road, and a fmall fort for its defence. LERO, in Ancient Geography, one of the two fmall iflands in the Mediterranean, oppofite to Antipolis, and half a mile diftant from it to the louth. 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 iome authors, for the birth of Patroclus. E. Long. 26. 15. N. Lat, 37. o. LE Roy le veut, the king’s aflhnt to public bills. See the articles Bill, Statute, and Parlia¬ ment. LERWICK, a town on the Mainland of Shetland, and the feat of the courts of that ftewartry. It is fituat- ed on the fpacious harbour called Lerwick or BreJJ'ay 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 was com¬ puted to contain in 1801 about 1700 inhabitants. The parifli 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 Breffay ifland. The furface of the parifli is rocky and mountainous, but there are a number of fine arable fields on the fea coaft, the foil of which is light and fandy, but fertile and productive. Near the north end of the tow n there is a fmall fortification called Tort Charlotte, which commands the north entry to Breflay found, and is garrifoned by a detachment of invalids. It was completely repaired by order of government in the year 1781. There are feveral large cannon for commanding the harbour and protecting the town. There is a ftraw-plaiting manufactory at Lerwick, fur- niftiing upwards of 50 girls with employment, who have one penny per yard for their work : 2a yards of which can be made by {bme 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 one is ftronger than the other. W. Long. 1. 3°- N. Lat. 60. 20. LESBOS, a large ifland in the ^Ttgean fea, on the coaft of iEtolia, about 168 miles in circumference. It has been feverally called Pelafgia, from the Pelafgi, by Whom it was firft peopled ; Macaria, from Macareus v ho fettled in it} and Lejbos, from the fon-in-law and. 4 fucceffor of Macareus wrho bore the fame name. The Lkaj chief towns of Lelbos were Methymna and Mitylene. . It was originally governed by kings, but they were af- . I ‘^U1S‘ terwards lubjeCled to the neighbouring powers. The wine which it produced was greatly efteemed by the an¬ cients, and ft ill is in the lame repute among the mo. derns. The Lelbians were fo debauched and diflipated, that the epithet of Lejbian was often ufed to fignify de¬ bauchery and extravagance. Lelbos has given birth to many illuftrious perfons, fuch as Arion, Terpander, Sap¬ pho, &c. See Mitylene. LESCAILLE, James, a celebrated Dutch poet and printer, was born at Geneva. He and his daugh¬ ter Catherine Lelcaille have excelled all the Dutch poets. That lady, who was furnamed the Sappho of Holland, and the tenth Muje, died in 1711. A col¬ lection of her poems has been printed, in which are the Tragedies of Genferic, Wenceflaus, Herod and Ma- riarane, Hercules and Dejaneira, Nicomedes, Ariadne, Caflandra, &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 year 1677, aged 67. L ESC AR, a town of Gafcony, in France, and in the territory of Bearn, with a bilhop’s fee } feated on a hill, in W. Long. o. 30. N. Lat. 43. 23. LESGUIS, a people of Alia, whofe country is indifferently called by the Georgian? Lefguifan and Daghefan. It is bounded to the fouth and eaft by Perfia and the Cafpian} to the fouth-weft and weft by Georgia, the Ofli, and Kifti } and to the north by the Kifti and Tartar tribes. It is divided into a variety of diftrifts, generally independent, and governed by. chiefs eleCied by the people. Guldenftaedt has re¬ marked, in the Lefguis language, eight different dia- lefts, and has claffed their tribes in conformity to this obfervation. The firft dialed comprehends 15 tribes, which are as follow : 1. Avar, in Georgia Chunfagh. The chief of this diftrid, commonly called Avar Khan, is the molt powerful prince of Lefguiftan, and refides at Kabuda, on the river Kaferuk. The village of Avar is, in the dialed of Andi, called Harbul. 2. Kafe- ruk, in the high mountains, extending along a branch of the Koifu, called Karak. This diftrid is depend¬ ant on the khan of the Kaft Kumychs. 3. Idatle, on the Koifu, joining on the Andi} fubjed to the A- var Khan. 4. Mukratle, fituated on the Karak, and fubjed to the Avar Khan. 5. Onfekul, fubjed to the fame, and fituated on the Koifu. 6. Karakhle, upon the Karak, below Kaferuk, fubjed to the fame. . 7. Ghumbet, on the river Ghumbet, that joins the Koifu, fubjed to the chief of the Coumyks. 8. A- rakan ; and, 9. Burtuma, on the Koifu. 10. Ant- fugh, on the Samura, fubjed to Georgia. ll.Te- bel, on the fame river, independent. 12. Tamurgi, or Tumural, on the fame river. 13. Akhti } and, 14. Rutal, on the fimie. I5* Dftiar, in a valley that runs from the Alazan to the Samura. It was former¬ ly fubjed to Georgia, but is now independent. In this diftrid 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 [ 7' Lftfguis. ever, probable, from many infcriptions in old Turkifli, " Per ban, Arabic, and Rufiih cbaraflers, that the wall, and the aquedudls with their various fubterraneous paf- fages, many of which are now filled up, are of high antiquity. This town fuffered greatly during its fiege by Sultan Amurath, who entirely deftroyed the lower quarter, then inhabited by Greeks. It was again taken by Schah Abbas. (Gaerber). This town is the old Pylae Cafpiae. The fecond dialed! is fpoken in the two following diftridls : I. Dido, or Didonli, about the fource of the Samura. This diftricl is rich in mines $ a ridge of uninhabited mountains divides it from Caket. 2. Un- fo, on the fmall rivulets that join the Samura. Thefe two diilridls, containing together about iooo families, were formerly fubjedl to Georgia, but are now inde¬ pendent. The third dialed! is that of Kabutlh, which lies on the Samura rivulets, eal! of Dido, and north of Ca¬ ket. The fourth dialed! is that of Andi, fituated on a rivulet that runs into the Koifu. Some of its villages are fubjed! to the Avar Khan, but the greater part to the khan of Axai. The whole confifts of about 8co families. The fifth dialed! is common to four dil!rid!s, name¬ ly, i. Akulha, on the Koifu, fubjed! to the Ufmei, or khan of the Caitaks, and Kara Caitaks, containing about iooo families. The following cuftom is attri¬ buted by Colonel Gaerber to the fubjedls of this prince : “ Whenever the Ufmei hs»s a fon, he is carried round from village to village, and alternately fuckled by every woman who has a child at her breaft until he is weaned. This cuftom, by ertabliftiing a kind of brotherhood between the prince and his fubjedls, fingu- larly endears them to each other.” 2. Balkar. 3. Zu- dakara, or Zudakh, down the Koifu, fubjed! to the Ufmei. 4. Kubefha, near the Koifu. Colonel Gaer¬ ber, who wrote an account of thefe countries in 1728, gives the following defcription of this very cu¬ rious place : “ Kubefha is a large ftrong town, fituated on a hill between high mountains. Its inhabitants call themfelves Franki (Franks, a name common in the eaft to all Europeans), and relate, that their-anceftors were brought hither by forne accident, the particulars of which are now forgotten. The common conjedlure is, that they were mariners caft away upon the coaft ; but thofe who pretend to be better verfed in their hiftory, tell the ftwry this way :—The Greeks and Genoefe, fay they, carried on, during feveral centuries, a confi- derable 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 eftablilh manufadlures, and inftrudl the inhabi¬ tants. The fubfequent invafions of the Arabs, Turks, and Monguls, during which the mines were filled up, and the manufadlures abandoned, prevented the ftran- gers from effedling their return, fo that they continued here, and eredled themfelves into a republic. What renders this account the more probable is, that they are ftill excellent artifts, and make very good fire arms, as ■well rifled as plain 3 fabres3 coats of mail; and feveral 5 ] L E S articles in gold and filver, for exportation. They have Lefgim, likewife, for their own defence, fmall copper cannons, Lefkard‘ of three pounds calibre, caft by themfelves. They coin Turkilh and Perfian filver money, and even rubles, which readily pafs current, becaufe they are of the full weight and value. In their valleys they have pafture and arable lands, as well as gardens 3 but they purchafe the greater part of their corn, trufting chiefly for fup- port to the fale of their manufadlures, which are much admired in Perfia, Turkey, and the Crimea. They are generally in good circumftances, are a quiet inof- fenfive people, but high Ipirited, and independent. Their town is confidered as a neutral fpot, where the neighbouring princes can depofite their treafures with fafety. They eledl yearly twelve magiftrates, to whom they pay the moft unlimited obedience 3 and as all the inhabitants are on a footing of perfed! equality, each in¬ dividual is fure to have in his turn a lhare in the go¬ vernment. In the year 1725, their magiftrates, as well as the Ufmei, acknow ledged the fovereignty of Ruffia, but without paying any tribute.” 5. Zudakara, or Zadakh, down the Koifu, fubjed! to the Ufraei. It contains about 2000 families. The fixth dialed! belongs to the diftridls on the eaftern Hope of Caucafus, between Tarku and Der- bent, which are, 1. Caitak 3 and, 2. Tabafferan, or Kara Caitak, both fubjed! to the Ufmei. The feventh dialed! is that of Kafi-Coumyk, on a branch of the Konifu, near Zudakara. This tribe has a khan, whofe authority is recognized by fume neigh¬ bouring diftridls. The eighth dialed! is that of Kuraele, belonging to the khan of Cuban. Befides thefe, there are fome other Lefguis tribes, whofe dialedls 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 w'hich 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 whofe pafles are known only to themfelves, has probably at all times fecured them from foreign invafion 3 but as the fame caufe muff have divided them into a number of tribes, independent of each other, and perhaps always di- ftinguilhed by different dialedls, it is-not eafy to ima¬ gine any common caufe of union which can ever have affembled the whole nation, and have led them to un¬ dertake very remote conqueffs. Their hiitory, there¬ fore, were it known, would probably be very uninte- refting to us. They fubfift by raifing cattle, and by predatory expeditions into the countries of their more wealthy neighbours. During the troubles in Perfia, towards the beginning of this century, they repeatedly facked the towns of Shamachie and Ardebil, and ra¬ vaged the neighbouring diftridls 3 and the prefent wretched ftate ot 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 referable the Circaffians. LESKARD, a town in Cornwall, feated in a plain-,. is. L E S [ 7SS '] L E S .."ibsiu, js a corporation, and fends two members to parliament. Lcrr0' It liad formerly a caftle now in ruins. It is one of the largeft and belt built towns in Cornwall, with the great- eft market. It was 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- tea- ; by which it was to have a mayor and burgefles, who ihould have a perpetual fucceflion, purchafe lands, &c. Here is a handfome town hall built on ftone pil¬ lars, with a turret on it, and a noble clock with four dials, a large church, a meeting houfe, an eminent free fchool, and a curious conduit; and on the adjacent commons, which feed multitudes of Iheep, there have been frequent horfe races. Here is a great trade in all manufadtures of leather ; and fome fpinning, w'hich is encouraged by the clothiers of Devonflrire. On the hills of North Lelkard, and in the way from hence to Launcefton, are many mines of tin, which is call at the blowing houfes into blocks, that are fent hither to be coined. LESLIE, John, bilhop of Rofs in Scotland, the fon of Gavin Leflie an eminent lawyer, was born in the year ij2^, and educated at the univerfity of A- berdeen ; of which diocefe he was made official, when but a youth. He was foon after created dodtor of civil and canon law j but being peculiarly addidted 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 Leflie, in 1560, diftinguiftied himfelf at Edinburgh as a principal advocate for the Romifti church, and was afterwards deputed by the chief nobility of that reli- „ gion to condole with 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 ftiort 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 was made abbot of Lindores ; and on the death of Sinclair was promoted to the biftiopric of Rofs. Thefe accumulated honours he wiflied 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 laws, commonly cal¬ led “ The black a£fs of paliament,” from the Saxon character in which they were printed. At his moft earneft defire, the revifion and collection of them were 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 commiflioners at York to examine into the caufe of the difpute between Mary and her fubjeCts. Ihefe commiflioners were met by others from the queen of Scots, i he biftrcp of Rofs was of the number, and pleaded the caufe of his royal miftrefs with great energy, though without fuccefs ; Elizabeth had no intention to ». rHeafe her. Mary, difappomted in her expectations from the conference at York, fent the biftiop of Rofs ambaflador to Elizabeth, who paid little attention to his complaints. He then began to negociate a mar¬ riage between his royal miftrels and the duke of Nor¬ folk; which negociation, it is well known, proved fa¬ tal to the duke, and was the cauie of Leflie’s being fent 2 to the Tower. In 1573 he was baniflied the kingdom, Ltilic. and retired to Holland. The two following years he fpent in fruitlcls endeavours to engage the powers of Europe to efpoufe the caufe of his queen. His Lff ap¬ plication was to the pope ; but the power of the heretic Elizabeth had no lefts weight with his holinefs than with the other Reman Catholic princes of Europe. Finding all his per fan al applications ineffectual, he had recoune to his pen in Queen Mary’s vindication ; but Elizabeth’s ultima ratio return was too potent for all his arguments. JBiffiop Ltflie, during his exile, was made coadjutor to the archbiffiop of Rouen. He was 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 1596. It was during the long and unfortu¬ nate captivity of Mary, that he amufed himfelf in writ¬ ing the Hiffory of Scotland, and his other works’. The elegance and charms of literary occupations ferv- ed to afiuage the violence of his woes. His know¬ ledge and judgment as an hiftorian are equally to be commended. Where he aCts as the tranfcriber of Boece, there may be diftinguilhed, 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. Slf- JliBi animi confolationes, &c. compofed for the confola- tion of the captive queen. 2. De origine, morlbus, e£ gejlis Scotorum.. 3. De titulo et jureJereniJJimce Marice Scotorum regime, quo regni Anglia: fuccejjionem JibijuJle vindicat. 4. Parcenejis ad Anglos et Scotos. 5. De il- lufl.feeminarum in republ. adminiftranda, &c. 6. 0ra¬ tio ad reginam Klmabetham pro libertate impetranda. 7. Parcenejis ad nobilitatem populumque Scoticum. 8. An account of his proceedings during his embaffy in England from 1568 to 1572; manufcript, Oxen. 9. Apology for the bilhop of Rofs, concerning the duke of Norfolk; manufcript, Oxen. 10. Several letters, manufcript. Leslie, Charles, a learned divine of Ireland, the time and place of whofe birth is uncertain. He was educated at Innilkilling; 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 doftrines of paflive obedience and non-refiftance, by which his judgment 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 publilhed a work in 1692, being an anfwer to The State cf Proteftants in Ireland under the late King James’s Government, writ¬ ten by Archbifhop King. He alio wrote a paper cal- ed the Rehearfal, originally publiflied once a-week, and afterwards twice, in a folio half-lheet, confiding of a dialogue on the affairs of the times. It lafted during fix L £ S [ 7 Ltil'a fix or feven years. They -were afterwards colle&ed Lrfiri’s 2n^ an eminent writer, who obferves that ilK~' . he purfues a thread of argument in them all, againft the lawfulnefs of reliftance in any cafe whatever, de¬ riving the fource of government wholly from God. He wrote againif the Delfts, Jew's, Papifts, and Socinians, all of which he colle&ed together, and publilhed in tv'o volumes folio, with the exception of a very illi¬ beral piece againft the learned and pious Dr Tillotfon. The frequent viftts which he paid to the courts of St Germains and Bar-le-Duc, made him obnoxious to the Britilh government, which was increafed by his “ He¬ reditary Right of the Crown of England Afferted,” of which he was the reputed author. He was fent to Bar-le-Duc by fome gentlemen of eminence, to at¬ tempt to convert the fon of James II. to the Prote- ftant religion, who wifhed to fee him fettled on the throne. At Bar-le-Duc he wras 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 Lord Bolingbroke, that he Was ill ufcd by the Pre¬ tender, who not only refufed to hear him himfelf, but flickered 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 inteieft in England, Mr Leflie 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 judgment, 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, which ultimately terminated in the difperlion of the re¬ bels $ this obliged him to quit France, and retire to Italy, whither Mr Leftie 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- iolution, who generoudy promifed to proteft him from the interference of government. On the arrival of Mr Leflie in England, a member of the houfe of commons waited upon his lordihip with the news ; 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¬ tend, ve erudition, diftinguifhed by his piety, humility, and integrity, among whofe works are fome mafterly defences of the Chriftian religion, againft Deifts and Jews, and of Proteftant faith againft that of the church of Rome. His opinions were rather lingular refpefting church government, but it mull be allowed that he defended them with great ability and acute- nefs. LESSER ton!:, in Mujlc. 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. 33. 41- >7 ] L E S LESSONS, among ecclefiaftlcal writers, portions of Lenbus the Holy Scripture, read in Chriftian churches, at the _ II time of divine fervice. L’r.H:range| In the ancient church, reading the Scriptures was one part of the fervice of the catechurqens ; at which all perfons were allowed to be prefent, in order to ob¬ tain inftruflion. The'church of England, in 'the choice of leffons, . proceeds as follows : for the firft leflon on ordinary days, ffie direfts, to begin at the beginning of the year with Genefis, and lo 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 lels pro¬ fitable to ordinary readers. I he 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, bccaufe that book contains the cleareft prophecies concerning Chrift. Upon Sep- tuagefima Sunday Genefis is begun, becaufe that book which treats of the fall ef man, and the fevere judge¬ ment of God inftifted on the world for fin, belt luits witl-i 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 5 and on the faints days, the church appoints leffons out of the moral books, fuch as Proverbs, Ecclefiaites, Ec- clefiaftieus, &c. as containing excellent inftruftions for the conduft of life. As to the fecond leffons, the church obferves the fame courfe both on Sundays and week days : reading the Gofpels and Afts of the Apollles in the morning, and the Epiftles in the evening, in the order they Hand in the New Teftament : excepting on faints days and holidays, when fuch lefions are appointed as either ex¬ plain tpe myftery, relate the hiftory, or apply the ex¬ ample to us. LESTOFF, or Leostoff, a town of Suffolk in England, feated on the fea Ihore, 117 miles north-eaft of London. It is concerned in the fiftieries of the North fea, cod, herrings, mackerels, and fprats 5 has a church and a diffenting tneeting-houfe 5 and for its fe- curity, fix 18 pounders, which they can move as occa- fion requires ; but it has no battery. The town confifts of 500 houfes, with a population exceeding 2000 ; but the ftreets, though tolerably paved, are narrow. The coaft is there very dangerous for ftrangers. L’ESTRANGE, Sir Roger, a celebrated writer in the 17th century, was defeended from an ancient fa¬ mily, feated at Hunftanton-hall in the county of Nor¬ folk, where he was 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 poffeffion of the parliament, his defign was difeovered, and his perfon feized. He was tried by a court-mar¬ tial at Guildhall in London, and condemned to die as a fpy ; but was reprieved, and continued in Newgate for fome time. He afterwards went beyond fea ; and in Auguft 1653 returned to England, where he-ap- plit d i LET [ 768 ] L E . T L'fcftrange plied himfelf to the proteflor Oliver Cromwell, and having once played before him on the bafs viol, he was 'k.eiXy‘ ac e' by fome nicknamed Oliver's JiJdler. Being a man of parts, mafter of an eafy humorous ftyle, but withal in narrow circumdances, he fet up a newfpaper, under the title of The Public Intelligencer, in 1663 5 but which he laid down, upon the publication of the firft London gazette in 1665, having been allowed, how¬ ever, a coniideration by government. Some time af¬ ter the Popilh plot, when the Tories began to gain the afeendant over the Whigs, he, in a paper called the Obfervator, became a zealous champion for the former. He was afterwards knighted, and ferved in the parlia¬ ment called by King James II. in 16S5. But things taking a different turn in that prince’s reigrt, in point of liberty of confcience, from what molt people expect¬ ed, our author’s Obfervators were difufed as not at all fuiting the times. However, he continued licenfer of the prefs till King William’s acceflion, in whofe reign he met with fom etrouble as a diiaffeCted perfon. However, he went to his grave in peace, after he had in a manner furvived his intellects. He publilhed a great many political traCts, and tranHated feveral works from the Greek, Latin, and Spanilh ; viz. Jofe- phus’s works, Cicero’s Offices, Seneca’s Morals, Eraf- mus’s Colloquies, iEfop’s Fables, and Bonas’s Guide to Eternity. The character of his ftyle has been va- rioufly reprefented ; 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 tip veffels from Fowey, before it was choked up with (and coming from the tin mines, and therefore its once flouriffiing trade is decayed ; but it holds the bufhelage of coals, fait, malt, and corn, in tHe towui of Fowey, as it does the anchorage in its harbour. It was made a corporation by Richard earl of Cornwall when he was king of the Romans, and has had other charters fince. It confifts of feven capital burgefles (whereof one is a mayor), and 17 affiftants or common council. It is part of the duchy of Cornwall, to which it pays ill. 19s. lod. a year for its liberties. Its chief trade is the woollen manufa&ory. It firft returned members to parliament in the 33d of Edward I. They are chofen by the burgeffes and affiftants. It was an¬ ciently the ffiire town. The number of inhabitants in 1801 was 1743- LETCH L ADE, a town of Gloucefterfhire, 90 miles from Lo tdon, on the borders of Oxfordffiire and Berks, and the great road to Gloucefter \ had ancient¬ ly a nunnery, and a priory of black canons. In this parifti is Clay-hill, The market is on Tuefday : and it has two fairs. It is fuppofed to have been a Roman town ^ for a plain Roman road runs from hence to Ci- rencefter j and by a digging in a meadow near it fome years ago, an old building was difeovered, fuppofed to be a Roman bath, which was 50 feet long, 40 broad, and 4 high, fupported with ioo brick pillars, curioufly inlaid with {tones of divers colours of tefferaic work. Letch lade The Leech, the Coin, the Churn, and Ifis, which all rife in the Cotfwould hills, join here in one full ftream, " and become one river, called the Thames, which begins here to be navigable *, and barges take in butter, cheefe, and other goods, at its quay, for London. LETHARGY, in Medicine (from As^, oblivion, and oteyiot, numhnefs, los&inefs'), a difeafe confifting of a profound drowfinefs or fleepinefs, from which the pa¬ tient can fcarce be awaked j or, if aw'aked, he remains ftupid, without fenfe or memory, and prefently finks again into his former deep. See Medicine Index. Lethargy, in Farriery. See Farriery, N° 507. LETHE, (from “ 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 thofe who drank them forget every thing that was paft. LETI, Gregorio, an eminent Italian writer, was defeended of a family which once made a confiderable. figure at Bologna: Jerom, his father, was page to Prince Charles de Medicis 5 ferved fome time in the troops of the grand duke as captain of foot j and fettling at Milan, married there in 1628. He was af¬ terwards governor of Almantea in Calabria, and died at Salerno in 1639. Our author was born at Milan in 1630, ftudied under the Jefuits at Cofenza, and was aftenvards fent by an uncle to Rome, who umuld 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 w'ent to Lau- fannej and contracting an acquaintance with John Anthony Guerin, an eminent phyfician, lodged at his houfe, made profeffion of the Calvinift religion, and married hi. daughter. He fettled at Geneva; where he fpent almofl twenty years, carrying on a corefpon- dence with learned men, efpecially thofe of Italy. Some contefts obliged him to leave that city in 1679*, uPoa which he went 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 hiftorio- grapher. He wrote there the Hiftory of England j but that work not pleafing the court on account of his too great liberty in writing, he was ordered to leave the kingdom. He went to Amfterdam in 1682, and was honoured with the place of hiftoriographer to that city. He died fuddenly in 1701. He was a man of indefatigable application, as the multiplicity of his wmrks (how. The principal of thefe are, 1. The uni- verfal monarchy of Louis XIV. 2. The 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. The Hiftory of Oliver Cromwell. 7. The Hiftory of Great Britain, 5 vols 1 2mo. 8. The Hiftory of Geneva, &c. LETRIM, a county of Ireland. See LEITRIM. LETTER, a character ufed to exprefs one of the fimple founds of the voice ; and as the different fimple founds are exprefied by different letters, thefe, by be¬ ing differently compounded, become the vifible figns or char afters of all the modulations and mixtures of founds ufed to exprefs our ideas in a regular language. See Language. Thus, as by the help of fpeech we * render LET [ <; tender our Weas audible j by the affiftance of letters we ' ' render them viiiblej and by their help we can wrap up our thoughts, and lend them to the moft didant parts of the earth, and read the tranfafUons of different ages. As to the Srft letters, what they were, who fird in¬ vented them, and among what people they were firff in ufe, tnere is fttll room to doubt: Philo attributes this great and noble invention to Abraham 5 Jofephus, St Irenoeus, and others, to Enoch j Bibliander to A- dam ; Eufebius, Clemens Alexandrinus, Cornelius A- grippa, and others, to Mofes ; Pomponius Mela, He- rodian, Rufus Feftus, Pliny, Lucan, &c. to the Phoe- nicians; St Cyprian, to Saturn ; Tacitus, to the Egyp¬ tians j fome, to the Ethiopians j and others, to the Chi- -nefe: but, with refpeft to thefe lad, they can never be entitled to this honour, fince all their chara&ers are -the figns of words, formed without the ufe of letters j which renders it impoflible to read and write their lan¬ guage without a vad expence of time and trouble ; and abfolutely impodible 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 conje&ures about the different kinds of letters ufed in different languages: thus, accoiding to Crinitus, Mofes invented the He¬ brew letters; Abraham, the Syriac and Chaldee j the Phoenicians, thofe of Attica, brought into Greece by .Cadmus, and from thence into Italy by the Pelafgians j Nicodrata, the Roman j Ids, the Egyptian : and Vul- filas, thofe-of the Goths. It is probable, that the Egyptian hieroglyphics were the fird manner of writing : but whether Cadmus and the Phoenicians learned the ufe of letters from the E- gyptians, or from their neighbours ef Judea or Samaria, Is a quedion j for fince fome of the books of the Old Tedament 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 fird brought letters into Greece ; whence, in following ages, they fpread over the red of Europe. Bee Alphabet and Writing. Letters make the fird part or elements of grammar j an affemblage of .thefe compofe fyllables and words, and thefe compofe fentences. The alphabet of every language confids of a numbermf 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 j 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 ffngle founds or letters as are ufed in any language. See Alphabet. Grammarians diffinguiffi letters into vowels, confo- nants, mutes, liquids, diphthongs, and charafteriftics. They are likewife divided into capital and fmall letters. Vol. XI. Part II. 69 3 LET They are alfo denominated from the fliape and turn of the letters; and in writing are diftinguifiied 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 or¬ namental letters, cut in wood or metal, which take place of the illumined letters ufed in manufcripts. The let¬ ters ufed in printing are call 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 glu¬ tinous ink, paper is clofely preffed upon it. See the ar¬ ticles Printing and Type. A fount of letters in¬ cludes fmall letters, capitals, fmall capitals, points, fi¬ gures, 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 a perfon. See Epistle. The art of epiltolary writing, as the late tranflator of Pliny’s Letters has obferved, was efteemed 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 from his fon of his genius in this way. It feems indeed to have formed part of their education j and, in the opinion of Mr Locke, it well deferves to have a ffiare in ours. “ The writ¬ ing of letters (as that judicious author obferves) enters fo much into all the occafions of life, that no gentlemau can avoid ffiowing himfelf in compofitions of this kind. Occurrences will daily force him to make this ufe of his pen, which lays open his breeding, and fenfe, and his abilities, to a feverer examination than any oral dif- courfe.” It is to be wondered we have la 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 Cowley’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 what no doubt would have been well worth its infpeftion. A late di- ffinguilhed genius treats the very attempt as ridiculous, and profeffes himfelf “ a mortal enemy to Avhat they call a fine letter?' Elis averfion, however, was not fo ftrong, but he knew to conquer it when he thought proper ; and the letter which clofes his correfpondence with Biffiop 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 expreffing ordinary ones in an uncommon manner. It is the proprie communia dicere^ 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 wha were ffiruck dead with the fame ftaffi of lightning, is * mafterpiece of the fort j and the fpecimen he has there 5 E given Letter. LET [ 770 ] L E T Letter, given o£ his talents for this fpecies of cornpofition makes it much to be regretted we have not more from the fame hand. Ward's Of the Style of Epiflolary Compojition. Purity in the Oratory, choice of words, and juftnefs of conftru&ion, joined with perfpicuity, are the chief properties of this ftyle. Accordingly Cicero fays: “ In writing letters, we make ufe of common words and expreflions.” And Seneca more fully, “ I would have my letters to be like my difcourfes, when we either fit or walk together, un- ftudied and eafy.” And what prudent man, in his common difcourfe, aims at bright and ftrong figures, beautiful turns of language, or laboured periods ? Nor is it always requifite to attend to exa& order and me¬ thod. He that is mafier of what he writes, will na¬ turally enough exprefs his thoughts without perplexity and confufion : and more than this is feldom neceifary, efpecially in familiar letters. Indeed, as the lubjefts of epiftles are exceedingly various, they will neceffarily require fome variety in the manner of expreffion. If the fubjeft be fomething weighty and momentous, the language ftiould be ftrong and folemn $ in things of a lower nature, more free and eafy ; and upon lighter matters, jocofe and pleafant. In exhortations, it ought to be lively and vigorous j in confolations, kind and compaflionate $ and in advifing, grave and ferious. In narratives, it Ihould be clear and diftindt $ in requefts, modeft; 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 chara&er of the perfon, to whom the letter is written, requires a like difference in the modes of expreflxon. We do not ufe the fame language to private perfows, and thofe in a public fta- tion j to fuperiors, inferiors, and equals. Nor 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 refpedt, inferiors with courtefy, and equals with civility; and every one’s charadler, fta- tion, and circumftances in life, with the relation we Hand in to him, occafion fome variety in this refpefl. But when friends and acquaintances correfpond by letters, it carries them into all the freedom and good- humour of converfation 5 and the nearer it refembles that the better, fince it is defigned to fupply the room of it. For when friends cannot enjoy each others company, the next fatisfa&ion 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 5 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 alk that by writing, ' which he could not do by words, if prefent; or blame what he thinks amifs in his friend with greeter liberty when abfent, than if they were together. From hence it is eafy to judge of the fitnefs of any expreflion to ftand in an epiftle, only by confidering, whether the fame way of fpeaking would be proper in talking with Letter, the fame perfon. Indeed, this difference may be al- v— lowed, that as perfons have more time to think, when they write, than when they fpeak j a greater accu¬ racy of language may folnetimes be expedted in one, than the other. How ever, this makes no odds as to the the kind of ftyle j for every one would choofe to fpeak as corredlly as he writes, if he could. And there¬ fore all fuch words and expreflions as are unbecom¬ ing in converfation, ftiould be avoided in letters 5 and a manly fimplicity, free of all affedlation, plain, but decent and agreeable, fliould run through the whole. This is the ufual ftyle of Cicero’s epiftles, in which, the plainnefs and fimplieity of his didtion is accom¬ panied with fomething fo 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 fuccindt and witty : but generally fo full of turns and quibbles upon the found of words, as apparently render it more ftiff and affedted than agrees with converfation, or than a man of fenfe wmuld choofe in difcourfe, were it in his power. You may in fome meafure judge of Pliny’s manner, by one Ihort letter to his friend, which runs thus: “ How fare you ? A.s 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 \ the one as the effedt 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 conlifts of an anti- thefts, and a jingle of wmrds, 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 affedtation of wit 5 for he was otherwife a man of fine fenfe and great learning. LETTER of Attorney, in Lnvo, is a writing by which one perfon authorizes another to do fome lawful adl in his ftead j 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 whole power of the maker, to enable him to accomplifh the adt intended to be performed. It is either general or fpecial j 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 affigned from one per¬ fon to another. It is generally held, that the power granted to the attorney muft, be ftridtly 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 Ihip of war, or having letters of marque, or by their executors, &c. in order to empower any per¬ fon to receive any ftiare of prizes or bounty-money, {hall be valid, unlefi* the fame be made revocable, and for the ufe of fuch feanten, and be figned and executed before, and attefted by, the captain and one other of the figning officers of the {hip, 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, he L E U [ 771 j L E U Letter he couhl not do. See Patent.—They are fo called 11 by reafon of their form ; as being open, with the feal Leucata. af£xec[ reacjy to be ftiown for the confirmation of the authority given by them. LETTUCE. See Lactuca, BotanT 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 eaftern part of the Mediterranean fea, bounded by Natolia or the Lef- fer Afia 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 Mufc/es. LEUCA, in antiquity, a geographical meafure of length in ufe among the latter Gauls 5 which, according to Jornandes, who calls it leuga, contained fifteen hun¬ dred paces, or one mile and a half. Hence the name of league, now reckoned at three miles $ in the lower age, called leuva. LEUC ADENDRON, a genus of plants belonging to the tetrandria clafs; and in the natural method rank¬ ing under the 48th order, Aggregatce. See Botany Index. LEUCADIA, formerly called Neritis, a peninfula of Aearnania, (Homer) *, but afterwards, by cutting, through the peninfula, made an ifland, as it is at this day, called St Maura. LEUC AS, in Ancient Geography, formerly called Veritos and Neritum, a town of Leucadia or Leucas j 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 iiluftrious city, the capital of Acarnania, and the place of general affembly. LEUCATA, or Leucate, in Ancient Geography, a promontory of Leucadia, according to Strabo, a white rock projecting 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 viftin.1 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 fea amidft the loud ftrouts of the fpedlators. The criminal, how¬ ever, feldom perifhed in the water : for it was the cus¬ tom to cover him with feathers, and to faften birds to his body, which by fpreading their wings might ferve to break his fall. No fboner did he touch the fea, than a number of boats ilationed for the purpofe flew to his afliftance, and drew him out j and after being thus faved, he -was baniftied for ever from the territory of Leucadia. (Strabo, lib. x. p. 452). According to ancient authors, a ftrange opinion concerning this promontory prevailed for fome time among the Greeks. They imagined that the leap of Leucata was a potent remedy againft the violence of Leucata love. Hence difappointed or defpairing lovers, it is faid, were often known to have come to Leucadia j and, having afcended the promontory, offered facri- fices in the temple, and engaged by a formal vow to perform the defperate aft, to have voluntarily precipi¬ tated themfelves into the fea. Some are reported to have recovered from the effefts of the fall : and among others mention is made * of a citizen of Buthroton, * Ptolern. in Epirus, whofe paflions always taking fire at new Hephcefi. objefts, he four times had recourfe to the fame reme’-^f’- dy, and alw'ays with the fame fuccefs. As thofe who ^ ^>1‘ made the trial, however, feldom took any precaution to render their fall lefs rapid, they were generally de- ftroyed : and women often fell viftims to this aft of defperation. At Leucata was ftiown the tomb of Ar- temifia, that celebrated queen of Caria who gave fo many proofs of courage at the battle of Salamis f. f Inflamed with 2 violent paflion for a young man who^h- v‘‘i‘ inflexibly refuied her love, fhe furprifed him in hisca^‘8^’ fleep and put out his eyes. Regret and defpair foon brought her to Leucata, where ftie periftied in the waves notwithftanding every effort to fave her;};. Such f ptolem. likewife was the end of the unhappy Sappho. Forfa- Hephcejt. ken by her lover Phaon, ftie came hither to feek relief*^' from her fufferings, and found her death. (Menpnd. ap. Strab. lib. x. p. 452. LEUCIPPUS, a celebrated Greek philofopher and mathematician ; firft; author of the famous lyftem of atoms and vacuums, and of the hypothefis of ftorms 5 fince attributed to the moderns. He flouriftied about 428 B. C. LEUCOG^US, in Ancient Geography, a bill fi¬ tuated between Puteoli and Neapolis in Campania, abounding in fulphur ; now TAlumera. Whence there were alfo fprings called Leucogeei fontes; the waters of which, according to Pliny, gave a firmnefs to the teeth, clearnefs to the eyes, and proved wounds. a cure m LEUCOJUM, Great Snow-drop, a genus of plants belonging to the hexandria clafs j and in the na¬ tural method ranking under the ninth order, Spathacece. See Botany Index. LEUCOMA, in antiquity, was a public regifter amongft the Athenians, in which were 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 albugo. See Albugo and Surgery. LEUCOPETRA, in Ancient Geography, fo called from its white colour, (Strabo) $ a promontory of the Bruttii, iu 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- tra. LEUCOPETRIANS, in eeclefiaftical hiftory, the name of a fanatical feft which fprang up in the Greek and eaftern dhurches towards the elofe of the 12th cen¬ tury : the fanatics of this denomination profeffed to believe in a double Trinity, rejefted wedlock, abftain- ed from ftefti, treated with the utmoft contempt the facraments «f baptifm and the Lord’s fupper, and all the various branches of external worftiip j placed the effence of religion in internal prayer alone j and main- 5 E 2 tained, L E U licucope- tnans I! Leuctra. tamed, as it is -faid, that 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 fuppiloation to the Supreme Being, the found¬ er of this enthuBattical feci is faid to have been a perfon called and his chief difeiple Ty- chicus, who corrupted, by fanatical interpretations, fe- veral books of Scripture, and particularly Sc Matthew’s Gofpel. LEUCOPHLEGMATIA, in Medicine, a kind of dropfy, otherwife called anafarca. See LEUCOPOTiON, Medicine Index. LEUCOTHOE, or Leucothea, in fabulous hif- tory. the wife of Athamas, changed into a fea deity ; fee Ino. She was called Ma tut a by the Romans. She had a temple at Rome, where all the people, particu¬ larly women, offered vows for their brothers children. They did not entreat the deity to preteff their own children, becaufe Ino had been unfortunate in bers. No female Haves were permitted to enter the temple ; or if their curiofity tempted them to tranfgrefs this rule, they were beaten with the greateft feverity. To this fupplicating for other people’s children, Gvid al¬ ludes in thefe lines,. Non tame:] hr.nc pro jlirpe fua pin mater adorat, Ipfa parum felix vifa fuijje parens. I aft. vi. LEUCTRA, in Ancient Geography, a town of Boeo- tia, to the weft of Thebes, or lying between Plateae and Thefpiae, where the Lacedaemonians had a great defeat given them by Epaminondas and Pelopidas, .the The¬ ban generals. The Theban army confffted at moft but of 6000 men, whereas that of the enemy was at lead; 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 fitpply 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 ft refs of the battle there 5 rightly concluding, that if he could break the bbdy of the Spartans, nbieh was but 12 men deep, whereas his own was 50, the reft would be foon put to flight. He clofed his own with the facred band, which was commanded by Pelopidas; 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 tbele few but refolute forces; and which fucceeded in every part, according to their with. Epaminondas advanced with his left wing, extending it obliquely, in order to draw the ene¬ my’s right from the main body 5 and Pelopidas char¬ ged them with fuch delperate ipeed and fury, at the head of his battalion, before they could reunite, that their horfe, not being able to ftr.nd the fliock, were forced back upon their infantry, which threw the whole into the greateft confufion : fo. that though the Spartans were of all the Greeks the moft expert in re¬ covering from any furprife, yet their Ikiil on this oc- - i 1 772 ] L £ V Leudtra, Level. caflon either failed them or proved of no effecl j for the Thebans, obferving the dreadful impreflion they- had made on them with their horfe, puftied furioufly Y upon the Spartan king, and opened their way to him with a great flaughter. Upon the death of Cleombrotus, and feveral officers of note, the Spartans, according to cuflom, renewed the fight with double vigour and fury, not fo much to revenge his death as to'recover his body, which was- fuch an eftabliihed point of honour as they could not give up without the greateft difgrace. But here the Theban general wifely chofe rather to gratify them in that point, than to hazard the fuccefs ot a fecond on* let 5 and left them in poffeffion of their king, whilft: he marched ftraight againft their other wing, com¬ manded by Archidamus, and confifting chiefly of luck auxiliaries and allies as had not heartily engaged in the Spartan intereft : thefe were 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 flaiighter among them ■, which com^ pletcd Epaminondas’s victory, who remained mafter efi the field, and erefted-a trophy in memory of it. This was the conclufion of the famed battle of Leuftra, in which the Lacedaemonians-loft 4000 men, and the The¬ bans but 300. LEVEL is an inftrument which enables us to find a line parallel to the horizon, or concentric with ther circumference of the earth, and to continue it to any diftanee :—to form a furface exactly level, having all its parts at equal diftances from the earth’^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; forming canals, &e. &c. Among the great variety of inftruments which have been invented for thefe purpofes, the following are the molt important and ufeful. s Air-LEVEL, that which {hows the line of level by Air-level, means of a bubble of air inclofed with fome liquor in a glais tube of an indeterminate length and thicknefs, whofe two ends are hermetically lealed. When the bubble fixes itfelf at a certain mark, made exaflly 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 o»ie 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 feCunda ; thefe not being liable to freeze as common water, nor to rarefaction and condenfation, as fpirit of wine is. This application ox a bubble of air was the invention of Dr Hooke. There is one of thefe infiruraents made with fights, which is an improvement upon that laft described, and which, by a little additional apparatus, becomes more commodious and exa£t. It confifts of an air level (fig. 1.), about eight inches long, and feven or eight lines in diameter, fet in a brafs tube 2, with an aperture in the middle, C. The tubes are fupported by a ftraight ruler a foot long ; at whofe ends are fixed two fights, 3, 3, exactly perpendicular to the tubes, and of an e- qual height, having a fquarehole,formed by two fillets of Plate CCXCIL fig- Level. LEV [ 773 ] of brafs croffing each oLber at right angles, in the mid- experiment Fi?- 2. 2 Dtfagu- liers’s level, linj inftru- ment. Fig- 3- die 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 ferews ; 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 fprings, one end whereof is faftened with a ferew to the great ruler, and at the other end has a ferew, 5, ferving to raife and deprefs the inftru- Ibent when nearly level. The inftrument juft deferibed, 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 exaftly a point of level at a great diftance. The telefcope is a little brafs tube, about 15 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 1, 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 pufhed into the great one, for adjuliing the telefcope to different fights : at the other end of the telefcope is placed the objetft-glafs. The ferew 3, is for raifing or lowering the little, fork, for carrying.the hair, and making it agree with the bubble of air when the inftrument is level ; and the ferew 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 ro'und ; and if then the hair cit 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 objeft's. Dr Defaguliers contrived an inftrument, by which • the difference of level of two places, which could not be taken in lefs than four or five days with the bell 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 D, or near k, 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 t>bfervations are made, the machine is fixed in a tin vef- ftl EF, filled with water up to g h, above the ball, and a very fenfible thermometer has alfo its ball under water, that one may obferve the liquor at D, in each LEV* when the thermometer Hands at the fame Level: height as before. The water is poured out when the —--v*""-** inftrument is carried •, which one may do conveniently by means of the wooden frame, which is fet upright by the three ferews, S, S, S, (fig. 4.), and a line and Fig. 4. and plummet PP, (fig. 5.). At the back part of the wooden 5. frame, from the piece at top K, hangs the plummet P, over a brafs point at N ; M m are brackets to make the upright board KN continue at right angles with the horizontal one at N. Fig. 6. reprefents a front Fig. 6. view of the machine, fuppofing the fore part of the tin veliel tranfparent j and here the brafs focket of the re¬ curve-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 fmall bore, if the liquor ftiould rife into the ball at A (fig. 3.) in car¬ rying the inftrument from one place to another, foms of it would 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 (how the difference of the level ; therefore, to prevent that inconveniency, he contrived a blank ferew, to Ihut 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 water may be fo cold, that when a fecond experiment is made at noon the water cannot be brought to the fame degree of cold it had in the morning j therefore, in making the firft experiment, warm water muft be mixed with the cold, and when the water has flood fome time, be¬ fore it comes to be as cold as it is likely to be at the v/armeft part of that day, obferve and fet down the de¬ gree of the thermometer at which the fpirit Hands, and likewife the degree of the water in the barometer at D } then ferew on the cape at A, pour out the wa¬ ter, and carry the inftrument to the place whofe level you'would know j then pour in your water, and when the thermometer is come to the fame degree as before, open the ferew at top, and obferve the liquor in the barometer. The doftor’s fcale for the barometer is ten inches long, and divided into tenths ; fo that fuch an in- flrument 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, bccaufe- he did not propofe this ma¬ chine for meafuririg 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 ii\ a diftanee of 20 miles, will render this a very ufeful inftrument. - Artillenj Foot-LEVEL is in form of a fquare, having Artillery its two legs or branches of an equal length *, at a junc- fcot-kveb ture whereof is a little hole, whence hangs a thread and. L E V [ 774 ] L E V 4 -Carpenters and Pa- viers level. Fig. S. S Gunners level. Fig. 9. ?.Tafuns le¬ vel. Plumb or pendulum level. Fi?. 10. and plummet playing on a perpendicular line in the middle of a quadrant. It is divided into twice 45 de¬ grees from the middle. Fig. 7. This inftrument may be ufed on other oceafions, by placing the ends of its two branches on a plane ; for when the thread plays perpendicularly over the middle divifion of the quadrant, the 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 Paviers LEVEL, confifts of a long ruler, in the middle of which is fitted, at right angles, another fomewhat larger. At the top of this is fatlen- ed a thread, which, when it hangs over a fiducial line at right angles with the bafe, (hows that this bafe is horizontal. Sometimes this Ibvel is compofed of one board. See fig. 8. Gunners LEVEL, 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 ; as this num¬ ber is fufficient for the higheft elevation of cannons and mortars, and for giving (hot the greateft range. .On the centre of this fegment of a circle is fcrewed a piece of brafs, by means of which it may be fixed or fcrewed at pleafure. The end of this piece of brafs is made lo as to ferve for a plummet and index, in order to (how 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 j this is what they call levelling the piece. Mafons Level, is compofed of three rules, fo join¬ ed as to form an jfofceles triangle fomewhat like a Ro¬ man A. At the vertex of this triangle is faft.ened a thread, from which hangs a plummet, that pafles over a fiducial line, marked in the middle of the bafe, when the thing to which the level is applied is horizontal j but declines from the mark, when the thing is lower on the one fide than on the other. Plumb ox Pendulum LEVEL, that which Ihows the horizontal lines by means of another line perpendicular to that defcribed by a plummet or pendulum. Ibis inftrument, (fig. 10.) confifts of tw’o legs or branches, ioined together at right angles.- . The branch which "carries the thread and plummet is about a foot and a half long; and the thread is hung towards the top of the branch, at the point 2. The middle of the branch where the thread pafles 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 telefeope, the faid cavity is covered by two pieces of brafs, making as it were a kind of cafe, left the wind ftiould agitate the thread. For this reafon the filver blade is covered with a glafs G, in or¬ der that it may be feen when the thread and plummet play upon the perpendicular. The telefcope is.fattened to the other branch of the inftrument, and is about two feet long •, having a hair placed horizontally acrofs the focus of the objedt-glafs, which determines the point of the level. The telefcope muft be .fitted 1 Lave!. at right angles to the perpendicular. It has a ball and focket, by which it is fixed to the foot, and was in- v——- vented by M. Picard. g Rejecting LEVEL, that made by means of a prettyMariotte’s long furface of water reprefenting the fame object in-reflecting verted which we fee erefted by the eye ; fo that theleve1, point where thefe two objects appear to meet is a level with the place where the furface of the water is found. This is the invention of M. Mariotte. 9 There is another reflefting level confifting of a mir- Caffim’s. ror of fteel, or the like, well poliftied, 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. Caffini. 10 Water LEVEL, that which ftiows the horizontal line Water le- by means of a furface of water or other liquor j ^oun^' ed on this principle that water always places itfelf™^*0 level. cients. The moft fimple water level is made of a long wooden trough or canal, whofe fides are parallel to the bafe ; fo that being equally filled with water, its fur¬ face ftiows the line of level. This is the chorebates 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 which 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 two cups become equally full of water, their two furfaces mark the line of level. This inftrument, inftead of cups, may alfo be made with two ihort cylinders of glafs three or four inches long, fattened to each extreme of the pipe with wax or maftic. Into the pipe is poured fome common or coloured water, which ihows 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 fimple, is yet very commodious for levelling at imall diftances. . 1I; De la Hire’s level confifts of two veflfels filled with De la water, and communicating with each other by means of Hire’s level, one or more tubes. A imall cylindrical box made of thin copper or planiihed tin, and terminating below in an obtufe cone, floats in each of thefe bo^es, 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 objeft-glafs ; and. the eye-glafs along with the crofs wires are fattened into the other, but in fuch a manner as to be elevated ordepreffed by Hiding in two grooves, in order that the axes of the lenfes may be exa£tly level, which is effefled by mea- furing a bafe. See Trade du Nivel lenient par M. Pi- 12 card. The inconveniences attending this inftrument Defetfs in arife from the difficulty of. bringing the floating eye-^ glafs into the fame line with the axis of the objeft- glafs,.and of making the boxes fettle in fucb a pofition that diflin£l 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 imalleft diftance from the fo¬ cus of the objeft-glafs, the image will be both indil- tinft and deformed. In order that De la Hue’s level may 13 Couplet’s level. LEV [ 7 Level, may be perfeft, it is neceflary that the boxes fhould 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 ubjeft-glafs fhould be kept at the fame height with the eye-gkfs. Thefe conditions, which are requifxte to the perfe&ion of the level, are too numerous and too difficult to be attained, to render this xnftrument of any ufe where accurate re- iults are required. Thefe defers in De la Hire’s level were partly re¬ medied by M. Couplet, by ffiferting the obje£t-glafs |^0^;‘Deand eye-glafs into the fame lube, and by placing this la Hire’s 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 fhot, and verified the inftrument by putting one of the boxes be¬ neath the objeft-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 fhot contained in the boxes j for if it is diflributed unequally, the box will be mere deprefled on one fide than another, and confequently the interfe&ion of the crofs wires in the focus of the eye-glafs, will either recede from, or approach to the furface of the water, according as the fmall fhot is un¬ equally diflributed in the box which fupports the eye- glafs, or in that which carries the objecl-glafs. Befides this fource of error, confiderable inconvenience muft arife in praftice from the wrant 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 ABCD of light wood, in which are placed two vefiels of tin EFG, EFG filled with water. Thefe veflfels are each 10 inches long, 7 inches wide, and 44- deep, and communicate by one or 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 8 J 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 inches long, pointed in oppofite diree-. tions to prevent the neceffity of turning the level, and are necefiary 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 fcrevv in order to adjuft the level by making one of the floating boxes fink deeper in the water 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. Method of In order to adjuft the level, place the box ABCD adjufting it. upon a table, and elevate one end or another by means of wedges till the interfe&ion 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 wires being moveable by ferews fo that their point of interfec- tion can be varied. Then take the levil out of the box ABCD, and invert its pofition, fo that one of the tin J4 Depar- cieux’s le¬ vel. Plate CCXC1II. fig. 1. Fig. 2. 75 1 L E V ' boxes EF may occupy the pofition which the other had Level before, and look through the other telefcope. If the 'r~m interfeftion of the wires falls upon the fame objeft, their pofition is correct, and the axes of the telefcopes are parallel j but if it falls at a diftance from the ob- jeiR, the point of interfeclion muft. be fhifted one-half of that diftance towards the objetf, and the fame ope¬ ration repeated till the interfeeftion of the hairs of one of the telefcepes covers the fame point of the object that is hid by the kiterfe£tion of the hairs of the other telefcope. When this happens, the axes of the tele¬ fcopes will be exactly parallel. The level is then placed upon its Hand, which is fix¬ ed to the box at K, and a very remote objeCt is exa¬ mined with one of the telefcopes, fo as to find the point of it which is hid by the interfeftion of the wires. The level is then inverted, and the objeCt examined with the other telefcope. If the interfeCtion of the wires co¬ vers the fame point of the objeCl as before, the level is adjufted, and the objeCl is in the line of apparent level pafling through the interfeClion of the wires. But if this is not the cafe, the weight P towards (£ or towards R, according as the point of the objeCl firil examined is above or below the interfeClion of the wires, in order to make the image of the objeCl rife or fall one-half of the diftance between the points that are covered by the interfeClion of the wires in each obiervation. The ope¬ ration is then repeated, till the interfeCtion of the wires in both telefcopes falls upon the lame point of the ob¬ jeCl, in which cafe the axes of the telefcopes will be exaCtly level, and the inftrument properly adjufted. It is obvious that by moving the weight P from the pofi¬ tion which 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 meaiuring a bafe with a vertical objeCl at its remote extremity, it may be ealily 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 objeCl j 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 weight P has different politbns. The mercurial level lately invented by the ingenious Keith’s Alexander Keith, Efq. of Ravelfton, is founded on the mercurial fame principle as the levels of De la Hire, Couplet, iev£j]jafe and Deparcieux, with this difference, that mercury is cQxciIf. employed inftead of water. A feClion of the mercurial level is reprefented in fig. 3. where A, A are two ob- E'g- 3* long fquare cavities communicating by means- of the channel MN. BR are two grooves hollowed out of the wood which 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 furniflied with a crofs hair. They are fixed into two pieces of ivory or hard wood, 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 be about half full. The two fights are then placed in the cavities, and float on the horizontal furface of the mercury j confequently (Hydrodyna¬ mics, art. 34, 37) if the fights be of the lame dimenlion and iveieht, a line joining the crofs hair in D' and the frtsall id L E V Level. C 77^ ] L E V Flg- 5- principle. Plate CCXCIV. Fig. fraall 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, Df 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 crofs hair move up and down with u 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. Defcription The following mode of conftnnSiing a level upon a of a level new principle has occurred to the writer of this article, upon a new Let AB be a reflecting furface either of glafsor water, and let MN be a ftraight ruler held above th,is furface j thus it follows from optical principles that the line MN will be perpendicular to the plane AB when the objedl 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 j for if it is inaccurate, the image of the fide MN will form an angle with MN, thus if m N be the fide of the fquare, its image will be N w'. —Now let VV be a veffel containing either v/ater or mercury, and let VV be the furface of the fluid. This veffel muft be firmly connected 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- nefted with EF by means of fcrews, that its fide MN may be made to vary its angle with the horizon, in any direction. The veffel VV, therefore, and the planes EF, CD remain fixed, while the telefcope AB and the plane MN can vary their pofition relative to the other parts of the level. The telefcope AB ftiould befocon- ftrufted as to anfwer the purpofe of two telefcopes. It has an objeft-glafs both at A and B, and alfo an eye- glafs with crofs w ires at A and B j and thefe are fo fitted into the tube that when the eye is applied to the end B, the objeft-glafs at B, and the eye-glafs at A with its crofs hairs, may be turned to one fide fo as to have di- ftinft vifion with the remaining eye-glafs at B and the cbjed-glafs at A. When the eye is applied to A, the eye-glafs at B and the obje, the points N' and ji' 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 BT b— m being ex- 1 2X19630764^ 39261528 preffed in feet. Hence it is obvious, that the deprefs cf the true level is as the fquare of the diftance •, and if this diftance be 6000 feet, we lhall have ^=0.91698 of a foot =11 inches. 8o ] LEV The preceding formula fuppofes the vifual ray CE to Lcvcll be a ftraight line; whereas, on account of the unequal -V denfities of the air at different diftances from the earth, the rays of light are incurvated by refra&ion. This ef- feft has been confidered in the fallowing table, which contains the difference between the apparent and true level, both when the refradtion of the atmoiphere is omitted, and taken into account. Table Jheiving the Difference between the True and Apparent Levels, whether taking the Terrejlnal Refraction into account or not, and marking the Errors that arife when this Refraction is omitted. Diftance in feet 300 36° 420 480 540 600 720 840 900 960 1080 1200 1320 1440 1500 1560 1680 1800 1920 2040 2100 2160 2280 2400 2520 2640 2700 2760 2880 3000 3120 324° 33co 2360 348° 3600 3900 4200 4I>00 4800 5IO° 5400 5700 6000 Elevation of the apparent level above the true level ex- preffed in feet. No allowance made for ter- reftrial refac¬ tion. Allowance made for ter- reftrial refrac¬ tion. Difference be¬ tween the two elevations. O.OO23 O.OO35 O.OO46 O.OO58 O.OO75 O.OO92 O.OI33 O.OI79 0.0208 O.0237 0.0295 O.O370 O.O44 > O.O527 O.O579 O.0625 O.0723 O.0827 O.O937 O.IO59 0.1128 0.1180 o*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 0.3299 0.3871 0.4490 0.5156 0.5868 0.6620 0.7425 0.7947 0.9167 0.0020 0.0030 0.0040 0.0050 0.0064 0.0081 O.OI 14 0.0154 0.0178 0.0205 0.0253 0.0317 0.0482 0.0451 0.0496 0.0536 0.0620 0.0709 0.0803 0.0908 0.0967 0.I0I2 O.II36 O.I260 O.I4O3 0.1523 O.1607 O.1667 O.lSlO O.I964 0.2128 O.2306 O.2376 O.2465 O.2644 O.2827 O.3318 O.3849 O.4420 O.503O 0.5675 O.6364 O.6726 O.7857 O.OOO3 O.OOO5 0.0006 O.OOOB O.OOI I 0.0011 0.0019 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 o.oi63 0.0189 0.0210 0.0217 0.0254 0.0268 0.0277 0.0302 0.0328 0.0355 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 9000 9600 10200 I0800 II4OO 12000 12600 I32OO 13800 I44OO I5OOO 15600 16200 l6800 I74OO l80C0 l8600 I92OO 19800 204OO 21000 21600 22200 22800 234OO 24OOO 2460O 25200 25-800 264OO 27000 27600 28200 28800 294CO 3OOOO 360OO Elevation of the apparent level above the true level ex- preffed in feet. No altowanc". made for ter- reftrial refrac¬ tion. I.OOOO 1.1088 I.214I I.32OO M323 1-5492 1-7963 2.0625 2.3466 2.6487 2.9699 3.3090 3.6667 4.0422 4- 4363 4.8489 5.2800 5- 7 292 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 I3-9421 14.6667 15.4091 16.1701 16.9490 17.7465 18.5625 19.3964 20.2494 21.1198 22.0092 22.9167 33-O00° -xlhiwance nude for ter- reftrial refrac¬ tion. Difference be¬ tween the twoelevations O.8571 O.9504 I.O407 1.1314 1.2277 1.3279 1- 5397 1.7678 2.0257 2.2989 2- 5456 29363 3- i43i 3.4648 3.8029 4.1562 4.5258 4.9107 5- 31 *5 5.7277 6- 1597 6.6076 7- °714 7- 5506 8.0456 8- 5565 9.0947 9.6250 10.1825 10.7 564 n-3457 11.9504 12.5714 13.2078 13.8601 14.5278 15-2113 16.9107 16.6255 17.4566 18.1027 18.8651 19.6431 28.2857 0.1429 0.1584 o-i734 0.1886 0.2046 0.2213 0.2566 c.2947 o‘.3209 0.3498 0.4243 0.4727 c. 5236 0-5774 0.6334 0.6927 0.7542 0.8185 0.8852 0.9546 1.0266 1.1013 1.1786 1.2C84 1- 341° 1.4261 1.5158 1.6042 1.6971 1.7927 1.8910 1.9917 2.0953 2.2013 2.3100 2.4212 2- 5352 2.6518 2.7709 2.8928 3.0171 3,I44I 3 2736 4-7-43 LAV [78 'Levelling. The following is a Ample rule for determining the depreffion of the true level in the pra&ice of level- - ling- “ Multiply the number of Gunter’s decimal ftatute chains that are contained in length between any two ifations where the levels are to be taken by itfelf, and the product ariling therefrom again by 124, which is a common multiplier for all manner of diftlmces for this pur.pofe on account of the earth’s curvature : then di¬ vide the fecond produft arifing therefrom by 100,000 j or, which is alfo the fame, with the dalh of the pen cut off five figures on the right hand fide of the produdf, 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 Earth, and (how's the quantity below the apparent level at the end of every number of chains to 100. 0.00 x 25 0.005 0.01125 0.02 0.03 0.04 0.06 0.08 O.IO 0.12 O.15 0.l8 0.21 J4 15 16 17 18 J9 20 21 22 23 24 25 26 0.24 0.28 0.32 0.36 0.40 0.45 0.50 0.55 0.60 0.67 0.72 0.78 0.84 o =r 27 28 29 3° 31 32 33 34 35 36 37 38 39 0.91 0.98 1.05 1.12 1.19 I.27 X.44 I*53 1.62 I-7I 1.80 1.91 40 45 5° 55 60 65 70 75 80 85 90 95 100 2.09 2.28 3.12 3- 78 4- 50 5-31 6.12 7-03 8.00 9*°3 10.12 11.28 12.50 Levelling is either Ample or compound. The for¬ mer is when 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 Ample operations. An example of Ample levelling is given Plate CCXCV. fig. 1. 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 00 The difference - 300 fiiows 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 know the difference of height be¬ tween the point A on the river Zome, and N on the river Belann, fig. 3. (As our author could find no fatis- faftory examples in any Englifti author, he copied this and the following ones from M. le Febure). In this 4 1 ] LEV operation ftakes fhould be driven down at A and N, Levelling, exactly level with the furface of the water ^ and thefe v-“-’v— ftakes (hould be fo fixed, that they may not be chan¬ ged until the whole operation be finifned : a plan of the ground between the two rivers fliould then be made, by which it will be difcovered, that the fliorteft way between the rivers is by the dotted line AC, CH, HN; from whence alfo the number of ftations necef- fary to be taken will be determined. The operator will alfo be able to diftribute them properly according to the nature and fituation of the ground. In the fi¬ gure, 12 ftations are marked. Stakes ought to be driven in at the limits of each ftation, as A, B, C, D, &c. They ought to be about two or three inches a- bove the ground, and driven 18 inches into it. Stakes {hould alfo be driven in at each ftation of the inftru- ment, as 1,2, 3, 4, &c. The operation may be begun in the follow'ing man¬ ner. Let the firft ftation be at I, equally diftant from the two points A and B, which themfelves are diftant 166 yards. Write down then in one column the firft: limit A} in another, the number of feet, inches, and tenths j 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. 0. O. Laftly, in the fifth column, 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 ; obfervirig that B which was 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. o.; in the third, C ; in the fourth 5. 6. 2.; in the fifth 560, the diftance 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 ftatien-ftaves, find the moft convenient point as at 3 ; then meafure exactly how far this is from each ftation-ftaft; and you will find that from 3 to C is 160 yards ; from 3 to D 80 yards; and the remainder of the operation will be as jn 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; and 160 yards from 4 to E ; and this muft be carefully attended In, as by fuch compenfations the work 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 when the whole is finiihed, add tbefumsof each column together, and then fubtra&the leffer from the greater ; the difference, which in the prefent cafe is 5.4. 8. (hows the ground at N to be thus much lower than the ground at A. To obtain a fe£Uon of this level, draw the dotted line 00, 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 a : for the height of the level-point de¬ termined on the ftaff at this place, draw a line through LEV f 7 • a parallel to the dotted line 00, which will cut the third perpendicular at b, the fecond ftation-ftaff. Set off froru this point downwards fix feet to B, which (hows the fe¬ cond limit of the firft operation; and that the ground at B is one foot fix inches higher than at A : place your inftrument between thele two lines at the height of the level line, and trace the ground according to its different heights. Now fet off, on the fecond ffation- -Itaff 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 at gi years of Lcuw^*« hock Lewes. Leyden, in 1722. He died in age. LEVY, in Lave, fignifies to gather or colledl j as to levy money, and to levy a fine of lands in the paffing a fine. LEWARDEN, a handfome, rich, and ftrong town of the United Provinces, capital of Oftergow, Wefter- gow, Sevenw'olden, and Weft Friefland. It was 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 ftreets, which are of great fervice to their trade, efpecially as they are continued to the fea and to the moft confider- able towns of the province. E. Long. 5. 42. N. Lat. 53- 12- LEWDNESS. See Fornication.—Lewdnefs is punifliable 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. I Sid. 168. In times paft, when any man granted a leafe of his houfe, it was ufual to infert an exprefs covenant, that the tenant (hould not enter¬ tain any lewd women, &.c. LEWENTZ, 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 Suffex, 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. was defeated and taken prifoner by the barons; and is fo ancient, that we read the Saxon king Athelftan ap¬ pointed two mint-houfes here, and that in the reign of Edward the Confeffor it had 127 burgeffes. It is a borough by prefcription, by the ftyle of conftables and inhabitants. The conftables are chofen yearly. It has handfome ftreets and two fuburbs, with fix pa- ri(h churches. It carries on a great trade j and the river Oufe runs through it, which brings goods in boats and barges from a port eight miles off. On this river are feveral iron-works, where cannon are call for merchant (hips, befides 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 furnilhed with books and 8 boys more are taught here at the expence of other gentlemen. Here are horfe-races almoft every fummer for the king’s plate of 100I. The roads here are deep and dirty j but then it is the richeft foil in this part of England. The market here is on Saturday ; and the fairs May 6. Whitfun-Tuef- day, and October 2. The timber of this part of the county is prodigioufly large. The trees are fome- times drawn to Maidftone 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 j fo that a tree is fometimes two or three years drawing to Chatham j becaufe, after the rain is once fet in, it ftirs 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. L E W [ 78 Lewes, town not being under tbe direttion of a corporation, Lewis, 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 the largeft of the Hebrides, or Weft- ern ifiands of Scotland, extending about 60 miles in length from north to foilth, and from 13 to 14 in breadth, confiding of a great number of ifles 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 ffiire of Rofs j is divided by feveral channels, ditlinguilhed by feveral names, and portioned out among different proprietors j but the Lewis, ftriftly fo called, ftretches about 36 miles in length, from the north point of Bowling-head to the fouthern extremity of Huffinefs in Harriet, The air is temperately cold, moift, and healthy 5 great part of the low ground is flooded with lakes j 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 fea-ware: but great part of the ifland is covered with heath. The labouring people dig the land with fpades, and break the clods with fmall har¬ rows, the foremoft teeth of which are made of wood, and the remainder of rough heath, which fmooths what the others have broken 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 trejiareg, which is the whilky, 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 fizes, which the natives drive into the bays, and kill with harpoons. Thefe bays afford great plenty of ffiell-fiffi, fuch as clams, oyfters, cockles, muffels, limpets, welks, and fuch a prodigious quantity of fpout-fiffi is fome- times call up from the fand off Lochtu.a, that they in- feed 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 like wife'pro¬ duce fmall coral and coralline. The frelh-water lakes are well 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 Ihelter for the feals and otters, which are alfo eaten as dainties by the in¬ habitants , and vaft numbers of fea-fowl build upon the rocks and promontories. The land animals reared in this ifiand, are cows, horfes, {beep, goats, hogs, and deer ; all thefe are of a diminutive fize. The beef, mutton, and pork, are luicy and delicious j the horfes are aftive 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 pafturage 5 but in the winter, when the ground is covered with froft and fnow, thefe animals are forced to feed on fea-ware, and endure all the rigour of the feafon, without any (belter from wood or copfe, for there is not a tree to be feen ; ne- verthelefs, the roots of very large trees, which have Ixsen cut by the axe, are found in different places. Vol. XL Part II. Sl LEW There is likewife a fmall grove of birch and hazel on the fouth-weft fide of Loch Stornaway. " The inhabitants of Lewis are well-proportioned, tall, fair, fanguine, ftrong, and healthy. They are in ge¬ neral fober, circumfpeft, and hofpitable j dexterous in (hooting, fwimming, and leaping 5 bold and fkilful ma¬ riners •, and fo temperate, that they will tug at the oar all day, without any other proviflon than bread and water, with a fnuffi of tobacco. Along this coaft: we fee feveral natural mounts, or forts, called Duns ; fuch as Hun-rowly, Dun-coradel, and Dun-eiften. There are alfo the remains of fome old caftles, and other monuments of antiquity. At Stornaway village we fee the ruins of a fortrefs deftroy- ed by the Engliffi garrifon fent thither by Oliver Crcm-* well. To the northward of Brago there is a round tower built of large (tones, three (lories 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 fummits of hills there are feveral cairns or heaps of (tones, which ferved either for graves or beacons. In the pariffi of Barvas we fee a Angle (tone called the thrujhel, (land¬ ing upright, above 20 feet high, and almoft as much in breadth. Three (tones, about 12 feet high each, are feen (landing on the north fide of Loch Carlvay j and many others (landing (Ingle at great diftances, and in remote parts of the ifland. But the mod re¬ markable monument of this kind appears by the village of Claffernifs. Here we find 39 pyramidal ilones (land¬ ing upright, about fix or feven feet high from the fur- face, each about two feet in breadth. They are pla¬ ced in form of an avenue, eight feet wide j the di- ftance between every (lone amounting to fix feet, and a (ingle piece (lands at the entrance. This avenue leads to a circle of 12 (tones of the fame dimenfions, with one in the centre 13 feet in length, and fiiaped like a rudder : on the eaft, fouth, and weft Tides of this circle, are four (tones, fuch as thofe that ‘cornpofe 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 (lone in the centre, and harangued the audience. At the dif- tance 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 l^ave deferibed in our account of the Orkneys, and Stonehenge on Salilbury plain, were places of worffiip erefted 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 Garlvay, Berinfay, Fladda, Bernera Minor and Bernera Major, Kialifay, Cavay, Carvay, Grenim, Pabay, Shirem, Vexay, Wuya the Larger and Leffer, and the Flannan ifiands, which the lea- 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 well as to (hear or kill the (beep that are kept here for paflure. As thefe iflands are very- deep and rocky, the vifitors, after haying landed and - 5 G climbed 1 L E W [ 986 ] LEW climbed up the rock by a ladder, uncover their heads, and, making « turn fun-ways, thank God for having efcaped the danger they have undergone. In the largeft iiland are the ruins of a chapel dedicated to St Flannan, from whom the ifles derive their name. Thi¬ ther the fowlers repairing, (trip themfelves of their up¬ per garments, which being laid upon a ftone, they ad¬ vance towards the altar, and repeat three prayers j an exercife which is performed every morning and even¬ ing. They obferve many other fuperftitious cuftoms during their refidence on thefe rocks j and when they have landed their boat with their purchafe, return to the larger iflands. Among the iflands belonging to the Lewis, we may likeivife take notice of the fmall iile of Pigmies, fo called, becaufe, it is faid, bones re- fembling thofe of human creatures, but of very fmall ditnenfions, have been dug out of the ground. The ifland of Lewis is divided into the two parithes 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 ifles which compofe this clufter. All thefe were fandtuaries before the Reformation, but now they are divefted of that privilege. The people of thefe iflands are Prefbyterians, with a few Proteftants of the Englifh communion, and a ftill fmaller number of Roman Ca¬ tholics. The Proteflants obferve the feftivals of Chrift- mas, Good Friday, Eafler, and Michaelmas •, on the laft of which the individuals of both fexes perform an anniverfary cavalcade. Lewis, or Louis, 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 j but Lewis defended his prerogatives, and put the jprieffs 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 againft the Saracens, in the fecond crufade, but was defeated 5 and returning into France by fea, was taken by the Greeks, but re- fcued by Roger king of Sicily. His queen Eleonora accompanied him in this expedition $ and being fuf- pefted of infidelity with Saladin, a young Turk, Lewis divorced her, and fhe was married fix weeks after to Henry duke of Normandy, (Henry II. king of Eng¬ land). Lewis died in 1180, aged 60. Lewis IX. anno 1226 (canonized^, was one of the greateft monarchs of France, equally memorable for his valour and his virtues *, but, unfortunately mifled by the fuperftition of the times, he facrificed his own repofe, and the welfare of his kingdom, to the folly of erufading. 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 vittories were rapid ; he took Damietta 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 denjand an exorbitant fum for his ranfom j and his anfwer being truly noble, deferves to be recorded j “ Tell the fultan, that a king of France is not to be ran- fomed with money j I will give the fum required for 4 my people, and Damietta for myfelf.” Thefe terms Le were accepted, and a peace of ten years enfued. Upon his return to France, he diminiihed the taxes, re¬ voked thofe which the cupidity of the financiers had introduced ^ iflued feveral falutary edi£ts ; founded fe¬ veral churches and hofpitals *, and effectually overturn¬ ed the ecclefiaftical jurifdiCtion of the court of Rome, by his pragmatic fanCtion in 1269, which eftabliftied the independency of the Gallican church. Thirteen years refidence in his capital indemnified his fubjeCts for his abfence j but his pious zeal prevented the enjoy¬ ment of this happinefs: he embarked for the fixth cru¬ fade in 1270} and died the fame year, at the fiege of Tunis, aged 55. Lewis XL anno 1461. His oppreflions obliged his fubjefts to enter into a league againft him, flyled, “ Ligue 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¬ duction of Swifs foldiers into the French armies). His reign was almoft one continued fcene of civil war; and it is computed, that 4000 of his fubjeCts were executed in public and privately, either for being in arms againft him, or fufpeCted by him. In his laft illnefs, he drank the warm blood of children, in the vain hope of reftor- ing his decayed ftrength. He died in 1483, aged 60. The polls for letters were eftabliftied in his reign, ow¬ ing to his eagernefs for news j the firft inftitution of this nature in Europe. Lewis XII. anno 1492, ftyled the Juji, and the Fa* ther of his people ; memorable for his valour in the field, and his wifdom in the cabinet. A great general j but unfortunate towards the end of his reign, when he did not command his troops in perfon : his orders tranf- mitted from home were mifunderftood, or wilfully dif¬ obeyed •, and he had the mortification, before he died, to fee the total expulfion of the French from the pof- feflionshe had acquired for them by his perfonal bravery.. At 53 years of age, he married the princefs Mary of England, fifter of Henry VIII. and being of a delicate conftitution, fell a viftim (according to the French hif- torians) to amorous dalliance 5 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 fubjeCts $ 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 invelliture by Charles VI. emperor of Germany, involved him in a war with that prince, the Spaniards, and the duke of Savoy j in which Lewis was victorious j and obtained a treaty of peace, by which the duke of Mantua was guaranteed in the poffeffion 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 [ 787 ] LEY lewis, various fuccefs j and the different armies kept on foot k6** 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 viftories of Louis XIV. the campaigns of thefe armies being a military fchool of difcipline and experience for the French officers, befides 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. /£/£- 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 j but, in mofl: 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 \ 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 may juftly be faid to include the prefervation of our civil immunities in their largeft and moft extenfive fenfe* See the article Rights. In vain, however, would thefe rights be declared, afcertained, and protefted by the dead letter of the laws, if the conftitution had provided no other method to fecure their aftual enjoyment. It has therefore ef- tabliftied certain other auxiliary fubordinate rights of the fubjeft, which ferve principally as barriers to pro- teft and maintain inviolate the three great and primary rights, of perfonal fecurity, perlonal liberty, and pri¬ vate property. Thefe are, 1. The conftitution, powers, and privileges of par¬ liament y 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 legiflative power in due health and vi¬ gour, fo as to make it improbable that laws ihould be LIB liberty, be enabled deflruftive of general liberty: the latter is a guard upon the executive power, by reftraining it from a&ing either beyond or in contradi&ion to the laws that are framed and eftablillied by the other. 3. A third fubordinate right of every Briton is that of applying to the courts of juflice 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 jullice muft at all times be open to the fub- jeft, and the law be duly adminiftered therein. The emphatical words of magna charta, fpoken in the per- fon of the king, who in judgment of law (fays Sir Ed¬ ward Coke) is ever prefent and repeating them in all his courts, are thefe : Nulli vertdemus, nulli negabimus, aut differemus re&um vel jujlitiam; “ and therefore every fubjeft (continues the fame learned author), for injury done to him in bonis, in terris, velperfona, by any other fubjeft, be he ecclefiaftical. or temporal, with¬ out any exception, may take his remedy by the eourfe of the law, and have juftice and right for the injury done to him, freely v/ithout fale, fully without any de¬ nial, and fpeedily without delay.” It were endlefs to enumerate all the affirmative a6ts of parliament, where¬ in juflice is directed to be done according to the law of the land : and what the law is, every fubjedt knows, or may know if he pleafes : for it depends not upon the arbitrary will of any judge ; but is permanent, fixed, and unchangeable, unlefs by authority of parliament. We {hall however juft mention a few negative ftatutes, whereby abufes, preverfions, 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 protection and benefit of the laws, but according to the law of the land. By 1 Edw. III. c. 8. and 11 Ric. II. c. 10. it is enaCted, that no commands or letters (hall be fent under the great feal, or the little feal, the fignet or privy feal, in difturbance of the law ; or to difturb or delay common right: and, though fuch commandments fhould come, the judges ftiall not ceafe to do right: which is alfo made a part of their oath by ftatute 18 Edw. III. flat. 4. And by 1 W. and M. ft. 2. c. 2. it is declared, that the pretended power ®f fufpending «r 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 decifions, of the law, but alfo the formal part, or method of proceeding, cannot be altered but by parliament : for, if once thofe outworks were demolifhed, there would be an inlet to all manner of innovation in the body of the law itfelf. The king, it is true, may ereCt new courts of juftice: but then they muft proceed accord¬ ing to the old eftablifhed forms of the common law. For which reafon it is declared in the ftatute 16 Car. I. c. 10. upon the diflblution of the court of ftar-cham- ber, that neither his majefty, nor his privy-council, have any jurifdidtion, power, 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 otlnr arbitrary way whatfoever, to examine, or draw into queftion, determine, or difpofe of the lands or goods of any fubje&s of this king¬ dom j but that the fame ought to be tried and deter- Vol. XI. Part II. L I B mined in the ordinary courts of juftice, and by courfe of Liberf j\ law. ——y— 4. If there fhould happen any uncommon injury, or infringement of the rights before mentioned, which 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 Ruffia we are told that the czar Peter eftablifhed a law, that no fubjeft 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 j but upon pain of death, if found to be in the Wrong. The confequence of which 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- ftridtions, for fome there are, which are laid upon pe¬ titioning in Britain, are of a nature extremely different; and while 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- jedl 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. t. c. 5. that no petition to the king, or either houfe of parliament, for any alteration in church or ftate, fhall 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 fhall any petition be prefented by more than 10 perfons at a time. But, under thefe regulations, it is declared by the ftatute I W. and M. ft. 2. c. 2. that the fubjeift 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 fubjecff, that we fhall at prefent mention, is that of having arms for their defence, fuitable to their condition and de¬ gree, and fuch as are allowed 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 fan&ions of fociety and laws 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 ; and yet highly neceflary to be perfedtly known and confidered by every man of rank or pro¬ perty, left his ignorance of the points whereon they are founded fhould hurry him into faflion and licen- tioufnefs on the one hand, or a pufillanimous indifler- ence and criminal fubmiftion on the other. And we have feen that thefe rights confift, primarily, in the free enjoyment of perfenal fecurity, of perfonal liber¬ ty, and of private property. So long as thefe remain inviolate, the fubjeft is perfedfly free ; for every fpe- cies of compulfive tyranny and oppreftion muft a6l in oppofition to one or other of thefe rights, having no other obje£t upon which it can poflibly be employed. . J H Tq t 793 1 LIB [ 794 ] LIB Liberty. To preferve thefe from violation, it is necelTary that the conllitution of parliaments be fupported in its full vigour and limits, certainly known, be fet to the royal prerogative. And, laftly, To vindicate thefe rights, whem aftually violated or attacked, the fubjefts of Bri¬ tain are entitled, in the firft place, to the regular ad- miniltration and free courfe of juftice in the courts of law ; next, to the right of petitioning the king and parliament for redrefs of grievances 5 and, laftly, to the right of having and tiling arms for felf-prefervation and defence. And all thefe rights and liberties it is our birthright to enjoy entire 5 unlefs where the laws of our country have laid them under neceffary reftraints. Reftraints in themfelves fo gentle and moderate, as will appear upon farther inquiry, that no man of fenfe or probity would wilh to fee them llackened. For all of us have it in our choice to do every thing that a good man, would defire to do j and are reftrained from nothing, but what would be pernicious either to our- felvts or our fellow-citizens. So that this review of our fituation may fully juftify the obfervations of a learned French author, who indeed generally both thought and wrote in the fpirit of genuine freedom j and who hath not fcrupled to profefs, even in the very bofom of his native country, that the Britilh is the only nation in the world where political or civil liberty is the diredl 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 (hall clofe our remarks upon it with the expiring wifti of the famous Father Paul to his country, “ Esto perpetua !” LlBERTT and NeceJJity. See METAPHYSICS. LlBERTV of the Frefs. The art of printing, foon after its introduftion, was looked upen in England, as well as in other countries, as merely a matter of ftate, and fubje£l to the coercion of the crown. It was therefore regulated with 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 fhould employ, and prohibited new publi¬ cations unlefs previoufiy approved by proper licenfers. On the demolition of this odious jurildiSion in 1641, the long parliament of Charles I. after their rupture with that prince, alfumed the fame powers as the ftar- ehamber had exercifed with refpedl to the licenfing of books : and in 1643, 1647, I^49> an(^ *652 (Sco- bell. i. 44, 134. ii. S8, 230.) iffued their ordinances for that purpofe, founded principally on the ftar-cham¬ ber decree of 1637. In 1662 was palled the ftatute 13 and 14 Car. II. c. 33. which, with fome few altera¬ tions, was copied from the parliamentary ordinances. This a£! expired in 1679 i 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. Journ. 11 Feb. 1694, 26 Nov. 1695, 22 Ocl. 1696, 9 Feb. 1697, 31 Jan. 1698), yet the parliament refilled it fo ftrongly, that it finally expired, and the prefs became properly free in 1694, and has continued fo ever finee. The liberty of the prefs, however, fo effential to x the nature of a free flate, confifts not in freedom from Liberty cenfure for any criminal matter that may be publilhed, II but in laying no previous reftraints upon publications. Llbethllus- Every freeman has undoubtedly a right to lay what v fentiments he pleafes before the public j to forbid this, is to deftroy the freedom of the prefs : but if he pub-* lilhes what is improper, mifehievous, or illegal, he mull take the confequence of his own temerity*. To fub-*See 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 punilh (as the law does at prefent) any dangerous or offenlive writings which, when publilhed, fhall, on a fair and impartial trial, be adjudged of a pernicious tendency, is necefl'ary 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 object of legal punifliment. Neither is any re- ftraint hereby laid upon freedom of thought or inquiry j liberty of private fentiment is ftill left 3 the dilfeminat- ing or making public of bad fentiments, deftru6Hve 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 we 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 abufe of it,” will entirely lofe its force, when it is ftiown (by a feafonable exertion of the laws) that the prefs cannot be abufed to any bad purpofe without incurring a fuitable puniih- 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 fhe was invoked under the title Eleutheria ; and by the latter (he was called Libertas, and held in lingular 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 was a fpacious court, called atrium libertatis. The Romans alfo ere&ed a new temple in honour of Liberty, when Julius Caefar efta- bliftied 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 fymbol of liberty, and two poniards in the other, with the in- feription idibvs martiis. LIBETHRA, in Ancient Geography, the fountain of fong, was fituated in Magnefia, a diftrift of Mace¬ donia, annexed to Theffaly ; diftin£t 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. LIBETHRIUS MONS, in Ancient Geography, a mountain of Breotia, diftant from Coronea 40 ftadia 3 wber'S t L IB C 795 1 LIB where flood the ftatues of the Mufts, and of tiie nymphs furnamed Libethrides ; a mountain probably conjoined with, or at leafl very near to, Helicon. LIBITINA, in the Roman mythology, a goddefs which prehded over funerals. This goddefs was the fame with the Venus inf era or Epithymbia of the Greeks. She had a temple at Rome, where was lodged a cer¬ tain piece of money for every perfon who died, whofe name was recorded in a regifler called Libitince ratio. This praflice was eftablifhed 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, wmre undertakers whofe office it was to take care of funerals, prepare aljl things necef- ary 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 profeffion, fuch as pollinBores^ 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. LIBNA, in Ancient Geography, a facerdotal city in the tribe of Judah, a place of ftrength, as appears from Sennacherib’s laying fiege to it, 2 Kings xix. Ifaiah xxxvii. In Jerome’s time, a village, called Lobna, in the territory of Eleutheropolis. XJBOURNE, 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. io. N. Lat, 44- 45- LIBRA, or Balance, one of the mechanical powers. See Balance. Libra, in AJlronomy, one of the 12 figns of the zodiac, and exactly oppofite to Aries j fo called be- caufe when the fun is in this fign at the autumnal equinox, the days and nights are equal as if weighed in a balance.—The liars in this conilellation according to Ptolemy are 17, Tycho 10, Hevelius 20, and Flam- Head 51. Libra, alfo denotes the ancient Roman pound, bor¬ rowed from the Sicilians, who called it htra. The libra was divided into 12 uncice or ounces, and the ounce into 24 fcruples. The divifions of the libra were, the uncia, one twelfth} the fexians, one fixth ; the quadrans, one fourth ; the triens, one third *, the quincunx, five ounces ; thefemis, fix ; the feptunx, feven } the bes, eight •, the dodrans, nine ; the dextrans, ten , the deunx, eleven j lalily, the as weighed twelve ounces or one libra. The Roman libra was ufed in France for the pro¬ portions 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 law 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 bilhops, having their mints, coined money, and often very bad too j for which reafon, though the pound conlifted of 20 {hillings, they always weighed it. LIBRAR.1I, among the ancients, were a fort cf Libr copyids who tranfcribed in beautiful or at lead legible , ^lbl characters, what had been written by the notarii in ^ notes and abbreviatures. LIBRARY, an edifice or apartment deflined for holding a canfiderable number of books placed regular¬ ly on {helves j or the books themfelves lodged in it. Some authors refer the origin of libraries to the Hebrews j and obferve, that the care thefe took for the prefervation of their facred books, and the me¬ mory of what contained the aClions of their anceftors, became an example to other nations, particularly to the Egyptians. Olmanduas, king of Egypt, is faid to have taken the hint firll 5 who, according to Dio¬ dorus, had a library built in his palace, with this in- fcription over the door ^TXHE 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 feme imagine to have confided of the hidorians of that nation, and of memoirs of the affairs of date j but, in effeft, it ap¬ pears rather to have been a depofitory of laws, char¬ ters, and ordinances of the kings. The Hebrew 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 were preferved the books of the prophets, and of David, and the letters of their kings. The fird who erefted 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-edablidied by Ha¬ drian. Plutarch fays, that under Eumenes there was 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 Csefar’s foldiers. Condantine, and his fuccelfors, erefted a magnificent one at Condantinople j which in the eighth century con¬ tained 300,000 volumes, all burnt by order of Leo Ifaurus 5 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, were 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; as appears by the writings of St Jerome, Anadafius, and others. Pope Nicholas laid the fird foundation of that of the Vatjcan, in 1450. It was dedroyed by the condable Bourbon, in the facking of Rome, and redored by Pope Sixtus V. and has been confiderably enriched with the ruins of that of lieidelberg, plun¬ dered by Count Tilly in 1622. • One of the moil com¬ plete libraries in Europe, was faid to be that ere&ed at Florence by Cofmo de Medicis, over the gate where¬ of is written LABOR absque labore j though it is now 3 H 2 exceeded Library, L 1 E [ 796 ] exceeded by that qf the French king, begun by Fran- hers, and others eis I. augmented by Cardinal Richelieu, and completed by M. Colbert. The emperor’s library at Vienna, according to Lam- becius, conliils of 80,000 volumes, and 1 f,Q40 curious medals. The Bodleian library at Oxford, built on the foun¬ dation of that of Duke Humphrey, exceeds that of any univerfity in Europe, and even thofe of all the sovereigns of Europe, except the emperor’s and French king’s, which are each of them older by 100 years. It was firft opened in 1602, and has fince found a great number of benefaftors ; particularly Sir Robert Cotton, Sir H. Savil, Archbiftiop Laud, Sir Kenelm Digby, Mr Allen, Dr Pococke, Mr Selden, and others. The Vatican, the Medicean, that of Beffarion at Ve¬ nice, and thofe juft mentioned, exceed the Bodleian in Greek manufcripts: which yet outdoes them all in Ori¬ ental manufcripts. As to printed books, the Ambrofian at Milan, and •hat 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 curiofities, for the advancement of learning. It has received many additions from the libraries of Ifaac Cafaubon and others. Cottonian LIBRARY, originally confifted of 958 vo¬ lumes of original charters, grants, inftruments, letters of fovereign princes, tranfa&ions between this and other kingdoms and ftates, genealogies, hiftories, regifters of monafteries, remains of Saxon laws, the book of Gene- lis, 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- fcript in Greek capitals. This library is kept in the Britifh 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 North Britain. The principal public libraries in London, befide that of the Mufeum, are thofe of the College of Heralds, of the College of Phyficians, of Doftors Commons, to which every bilhop, at the time of his confecration, gives at leaft 20I. fometimes 50I. for the purchafe of books 5 thofe of Gray’s Inn, Lincoln’s Inn, Inner Temple, and Middle Temple ; that of Lambeth, founded by Archbiftiop Bancroft in 1610, for the ufe of fucceeding archbiftiops of Canterbury, and increafed by the bene- fadlions of Archbiftiops Abbot, Sheldon, and Tennifon, and faid to confift of at leaft 15,000 printed books, and 617 volumes in manufcript *, that of Red-Crofs ftreet, founded by Dr Daniel Williams, a Prefbyteiian divine, and fince enriched by many private benefa&ions ; that of the Royal Society, called the Arundelian or Norfolk iibrary, becaufe the principal part of the colleftion formerly belonged to the family of Arundel, and was given to the Society by Henry Howard, afterwards duke of Norfolk, in 1666, which library has been in¬ creafed by the valuable colle&ion of Francis Afton, Efq. in 17and is continually increafing by the numerous be^efadions of the works of its learned mem- LIB that of St Paul’s, of Sion college ; the Queen’s library, eretted by Queen Caroline in 1737 ; 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 but it is de¬ ficient in a catalogue. 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 feledtion 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. L1BRATION, in AJlronomy, an apparent irregula¬ rity of the moon’s motion, whereby ftie 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 diftridl of II- lyricum, extending towards the Adriatic between Iftria on the weft, Dalmatia on the eaft, and Mount Albius on the north. Liburm, the people. The apparitors, who at the command of the magiftrate fummoned the people from the country, w'ere called Liburni, becaufe generally men of Liburnia.—Liburna, or Liburnica, (Horace^, denoted a kind of light and fwift Ikiff, 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 Tufeany. Now Livorna, or Leghorn. E. Long. 11. N. Lat. 43, 30. LIBYA, in general, according to 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 betw een the Mediterranean to the north, and Ethiopia to the eaft : and was twofold, the Hither or Exterior Libya ; and the Earthier or Interior. The former lay between the Mediterranean on the north, and the Ear¬ thier Libya and Ethiopia beyond Egypt on the fouth, (Ptolemy). The Earthier 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 foutb, and Ethiopia beyond Egypt on the eaft, (Pto¬ lemy). Libya, in a ftill more reftrained fenfe, called, for diftindftion’s fake, Libya Propria, was a northern di- ftridt 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 ftrifteft fenfe of all, and into Marmarica and Cyrenaica. Libya in the ftricfeft fenfe, otherwife the Exterior, was the moft eaftern part of Libya Pro¬ pria, next to Egypt, with Marmarica on the weft, the Mediterranean ©n the north, and the Nubi, now called Nubia, to the fouth, (Ptolemy). 3 LICENSE, L I G JLicenfe Licmius. LICENSE, in Law, an authority given to a perfon to do fome lawful a£t. t LICENSER OF Books, has been an officer in almoft every civilized country, till the clofe of the laft century, when it was abolifhed in Great Britain. It has been, proved by Beckmann, that fuch an office was eftablifhed, not only in the Roman empire, but alfoin the republic and the Rates of Greece. All 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 (hared the fame fate under the reign of the empe¬ ror Auguftus. Not long after the invention of printing, laws were ena£ted for fubje&ing books to examination; a regulation which was propofed even by Plato, and which many have lince wifhed for. It appears that the liberty of the prefs is only a modern privilege, and that it has not been enjoyed in its utmoft latitude in any country but Great Britain. Licenser of the Prefs. See LlBERTTof the Prefs. LICENTIATE, one who has obtained the degree of a licenfe.—The greateft number of the officers of juftice in Spain are diftinguifhed by no other title than that of licentiate. In order to pafs licentiate in common law, civil law, and phyfic, they muft have ftudied feven years, and in divinity ten. Among us a licentiate ufual- ly means a phyfician who has a licenfe to pradfife, grant¬ ed by the college of phylicians. LICETUS, a celebrated phyfician of Italy, was born at Rappollo, in the (fate of Genoa, 1577. He 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 77 years of age. He was trained with great care, and became a very diftinguilhed man in his profeffion ; and was the author of a great number of works : his book De Monfir is every body muft have heard of. He was profeffor of philofopby and phyfic at Padua, where he died in 1655. LICHEN, Liverwort, a genusofplantsbelonging to the natural order of algae, in the cryptogamia clafs. See BoTANY /WeW. LICHFIELD, See Litchfield. LICHTENBERG, a caftle 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 town of Germany, in the circle of Franconia, and margravate of Cullembach. E. Long. 12. o. N. Lat. 50. 26. LICHTENFELS, a town of Germany, in the circle of Franconia, and bifiiopric of Bamberg, feated on the river Mayne, in S. Long, ii.io. N. Lat. 50. 20. LICHTENSTEIN, a town of Swifferland, in Tockerberg, feated on the river Thour. E. Long. 2. 15. N. Lat. 47. 25. LICHTSTALL, a handfome town of Swiflferland, 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 Stole on account of a law he made, while tribune, that no Roman citizen ftiould poffefs more than 500 acres of land ; alleging, that when they occupied more, 1 797 3 L 1 D they could not cultivate it with care, nor pull up the ufelefs (hoots {Jlolanes') that grow from the roots of trees. He is memorable alfo for enacting, that one of the con- fuls (hould always be of a plebeian family. He lived about 362 B. C. LICNON, in the Dionyfian folemnities, the myftieal van of Bacchus ; a thing fo efiential to all the (olemni- ties of this god, that they could not be^duly celebrated without it. See DlONYSlA. LICNOPHORI, in the Dionyfian folemnities, thofe who carried the licnon. LICOL A, or Lago Dl Licola, a lake in the king¬ dom of Naples, formerly famous for plenty of excellent fi(h ; 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 morals. It was anciently known by the name of the Lucrine lake. v LICONIA, a genus of plants belonging to the pent- andria clafs. See Botany Index. LICTORS, among the Romans, were officers efta¬ blifhed by Romulus, who always attended the chief ma~ giftrates when they appeared in public.- The duty of their office confifted in the three fol¬ lowing particulars : 1. Submotio, or clearing the way for the magiftrate they attended : this they did by word of mouth ; or, if there was occafion, by ufing the rods they always carried along with them. 2. Anwiadverjio^ or caufing the people to pay the ufual refpeft to the magiftrate, as to alight, if on horfeback, or in a chariot; 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 abre-aft, but fingly, following one another in a ftraight line. They alio preceded the triumphal car in public triumphs^ and it was alfo part of their office to arreft criminals, and to be public executioners in beheading, &c. Their enfigns were the fasces and securis. As to the number of Inftors allowed each magiftrate, a dictator had twenty-four, a mafter of the horle fix, a conful twelve, a praetor fix ; and eachveftalvirgin, when ftie appeared abroad, had one. LIDD. See Lydd. ' LIDDEL, Dr Duncan, profeffor of mathematics and of medicine in the univerfity of Helmftadt, was born in the year 1561 at Aberdeen, where he received the firft 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 Wratiflaw, or Breflaw. in Silefia, where he is faid to have made uncommon pro- grefs in his favourite ftudy of mathematics, under the di¬ rection of a very eminent profeffor, Paulus Wittichius. Having ftudied at Breflaw 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 diftemper 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- caeus, who, though an excellent mathematician, did not fcruple to confefs that he was inftruftedby Liddel in- the more perfeft knowledge of the Copernican fyftem, and ether aftronomical queftions. In 1590 he returned once more to Francfort. But having there heard, of the in- creafing. Licinius II Lkldef. ^ 1 D [ 798 ] LIE Liddel, creafing reputation of the Academia Julia, eftablifhed at . Luhord. fjelmfladt by Henry duke of Brunfwick, Mr Liddel re¬ moved thither ; and foon after his arrival was appointed to the firft or lower profeflbrfliip 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 decree of M. D. was admitted a member of that faculty, and began pub¬ licly to teach phyiic. 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 eledted dean of the faculties both of philofophy and phy- fic, he had in the year 1604 the honour of being chofen proteftor 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 iboo 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 his laft 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 injundlions 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 ihall abufe or mifapply it. His works are, 1. Difputationes Medi¬ cinal es, Helmftadt, 1603, 4to. 2. Ars Medic a JuccinBe etperfpicue explicala, Hamburghi, 1607, Bvo. This per¬ formance is dedicated to King James VI. and is divided into five books, viz. IntroduEiio in totam Medicinam ; De Phi/siologia ; De Pathologia ; De Signorum doBrina ; De Therapeulica. 3. De Febribus Libri tres, Harn- i'urghi, 1610, i2mo. 4. TrnBatus de dente aurco, Hamburghi, 1628, i2mo. This laft performance Dr Liddel publifiied 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 aftoniftiment of his parents, a new tooth of pure gold. Jacobus Horftius, dodlor and profeffor of medicine in the Academia Julia, at the fame time » ■'.vith our author, had publiflied a book, w hich he dedicated to the emperor Rudolphus II. to prove that this won¬ derful tooth was a prodigy fent from heaven to en¬ tourage the Germans then at war with the Turks, and foretelling, from this golden tooth, the future victories of the Chriftians, with the final deftrublion of the Turkilh 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. Artiscon- jervandi Sanitatem, hbri duo, Aberdonia, 1651, l2tno$ a pofthumous work. LIDFORD, a village of Devonlhire in England, fi- tuated on the river Lid, two or three miles eaft of Brent Tor, was formerly a famous town, with a caftle. It was much deftroyed by the Danes in 997. The vil¬ lage is now fmall, but the lands in the pariftr are rich and fertile, the whole foreft of Dartmore being in the verge of it. The river here being pent up at the bridge with rocks, has made itfelf fo deep a fall, that the noife of the water only is heard without being feen. v LIDKOPING, a town of Weft Gothland in Swe¬ den, feated on the lake Wenar, in E. Long. 13. 40. N. Lat. 58. 25. LIDNEY, a town of Gloucefterfliire 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, with 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 Bathurfthas 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 fubjeft, ob- ferves, that there are falfehoods w hich are not lies ; that is, which are not criminal : and there are lies which are not literally and direftly falfe. I. Cafes of the firft clafs are thofe, 1. Where no one is deceived : as, for inftance in parables, fables, novels, jefts, tales to create mirth, or ludicrous embellilhments of a ftory, in which the declared defign of the fpeaker is not to inform, but to divert j compliments in the fubfcription of a letter ; a prifoner’s pleading not guil¬ ty ; an advocate aiTerting the juftice, or his belief of the juftice, of his client’s caufe. In fuch inftance no confidence is deftroyed, becaufe none was repofed j no promife to fpeak the truth is violated, becaufe none was given or underftood to be given. 2. Where the perfon you fpeak 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 j as where you tell a falfehood to a madman for his own advantage j to a robber, to conceal your property j to an affaflin, 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 difcourfe 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 the fafls they relate are indifferent, and their narratives though falfe are inoffenfive, it may feem a fuperftitious regard to truth to cenfure them merely for truth’s fake. Yet the praftice ought to be check¬ ed *, for, in the firft place, it is almoft impoflible to pronounce beforehand, with 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 ferve 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 polilble that they may fometimes, though feldom, have been fet up and encouraged with a defign to do good : but the good they aim at requires that the belief of them fhould Lklford II Lie. V—' LIE t 799 ] LIE Lie fliould be perpetual, which is hardly podible ; and the li ^ deteftion of the fraud is fure to difparage the credit of ' , all pretenfions of tlie 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 dire£t falfehood. An opening is always left for this fpecies of prevarica¬ tion, when the literal and grammatical fignitication of a fentence is different from the popular and cuftomary meaning. It is the wilful deceit that makes the lie j 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 j for all fenfes of all words are founded upon ufage, and upon nothing elfe. Or a man may aft a.lie j as by pointing his finger in a wrong direftion, when a traveller in¬ quires of him his road •, or when a tradefman (huts 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 aftion. LIECHTENAU, a town of Germany, in the cir¬ cle of Franconia and margravate of Anfpach, fubjeft to Nuremberg. E. Long. 9. 5. N. Lat. 48. 43. LIEGE (Lrgius), in Law, properly fignifies a vaf- fal, who holds a kind of fee, that binds him in a clofer obligation to his lord than ether people. The term feems to be derived from the Trench /ter, to bind on account of a ceremony ufed in render¬ ing faith or homage : which was by locking the vaffal’s thumb or his hand in that of the lord, to (how that he was faff bound by his oath of fidelity. Cujas, Vigenere, and Bignon, choofe rather to derive the word from the fame fource with leudts or leodi, “ loy¬ al, faithful.” But Du Cange falls in with the opi¬ nion of thofe who derive it from liti, a kind of vaffals, fo firmly attached to their lord, on account of lands or fees held of him, that they were obliged to do him all manner of fervice, as if they were his domeftics. He adds, this was formerly called litgium fervitium, and the perfon litge. In this fenfe, the word is ufed, Leg. Edw. cap. 29. Judeeifub tutela regis ligea debent ejje; that is, wholly under his proteftion. By liege homage, the vaffal was obliged to ferve his lord towards all, and againlt all, excepting his father. In which fenfe, the word was ufed in oppofition to Ample homage 5 which laft only obliged the vaffal to pay the rights and accuftomed dues to his lord $ and not to bear arms againft the emperpr, prince, or other fupe- rior lord : fo that a liege man was a perfon wholly de¬ voted to his lord, and entirely under his command. Omnibus, fa’c. Regmaldus, rex Infularum, falutem. Sciatis quod deveni homo ligeus domini regis Anglice Jo~ hanms, contra omnes mortales, quamdiu vixero ; et inde ei Jidelitatem et facramentum prejliti, b’c. MS. penes W. Dugdale. But it muft be obferved, there were formerly two kinds of liege homage : the one, by which the vafial was obliged to ferve his lord, againft all, without ex¬ ception even of his fovereign ; the other, by which he W'as 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 j as being liges, ligi, or ligati, obliged to pay allegiance to him 3 8 Henry VI. 14 Hen. VIII. &c. though private perfons had their lieges too. Reina/dus, Dei gratia, abbas Ramefice, prapojito et hominibus de Brancejlre, et omnibus vicinis Francis et Anglis falutem, Sciatts me dedijfe terram Fife, in depedene {Jiodie depedate') huic Bofehno, et uxon ejus Alfnice—ea conditionc quod effeSli Jini homines legis. Lib. Ramef. LlEGE-PouJlie, in Scots Law, is oppofed to death¬ bed j and fignifies a perfon’s enjoying that ftate of health in which only he can difpofe of his property at pleafure. THE END OF THE ELEVENTH VOLUME DIRECTIONS FOR PLACING THE PLATES OF VoL. XL Part I, Plate CCLXXVL CCLXXVII. to face CCLXXVIII. CCLXXIX—CCLXXXHI. CCLXXXIV. CCLXXXV. CCLXXXVI. CCLXXXVIL page 10 J12 240 Part II. CCLXXXVIII, 4n CCLXXXIX. 4B8 CCXC. CCXCL 744 CCXCII—CCXCV. 782 r ‘ , . v V