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 a very active part in organising the first 'autumn manoeuvres,' which were held on Dartmoor in the late summer of 1873. Driving out from the camp to dinner at a country house in the neighbourhood, on Sunday, 24 Aug. 1873, Mackenzie and his brother-in-law, Captain Colomb, attempted to ford the little river Meavy, which was flooded with the recent rains, when the horse was swept off his legs, the gig upset, and the occupants with difficulty reached the bank. Mackenzie died immediately afterwards of syncope induced by exhaustion. He left a widow, daughter of Lieutenant-general G. T. Colomb, whom he married in 1861.

MACKENZIE, MORELL (1837–1892), physician, descended from the Scottish family of Mackenzie of Scatwell, in the parish of Contin, Ross-shire, was the eldest son of Stephen Mackenzie, a surgeon. He was born at Leytonstone on 7 July 1837, and was educated at Br. Greig's school in Walthamstow. His father was killed by a fall from his carriage in 1851, and soon afterwards he entered the Union Insurance Office as a clerk, but he quickly resigned the post in order to study medicine at the London Hospital. In 1858 he became a member of the Royal College of Surgeons of England, and afterwards spent one year at Paris and another in Vienna. In 1859 he visited Czermak at Pesth, and learnt from him the use of the laryngoscope, an instrument invented by Manuel Garcia, the great singing-master, which Czermak was then bringing into clinical use. About the same time Mackenzie spent a few months in Italy. After his return to England he held several of the minor appointments on the staff of the London Hospital, graduating as bachelor of medicine at the London University in 1861, and taking the degree of doctor or medicine in the following year. The Jacksonian prize of the Royal College of Surgeons was awarded to him in 1863 for an essay 'On the Pathology and Treatment of Diseases of the Larynx: the diagnostic indications to include the appearances as seen in the living person.' To this subject he subsequently devoted his whole life. He was appointed assistant physician to the London Hospital on 5 Sept. 1866, and in he became full physician there, a post which he resigned a few months afterwards. In 1863 the Hospital for Diseases of the Throat was founded in King Street, Golden Square, chiefly through his exertions, and in its management he at once took a leading part.

Mackenzie rapidly obtained a large private practice, principally in the treatment of diseases of the throat, but his large practice and repeated attacks of asthma did not prevent him from publishing numerous books and articles. He was the first Englishman who became expert in operations on the larynx and adjacent parts, and his acknowledged eminence in this capacity led to his being called upon in 1887 to attend at Berlin the crown prince of Germany, afterwards the Emperor Frederick HI, who was attacked by cancer in the throat. Endowed by nature with great manipulative skill, constant practice had rendered him a master in the use of the laryngoscope and of the laryngeal forceps; but he was also by nature somewhat indiscreet, and his mind was essentially polemical. In the early stages of a disease so insidious as cancer there are always sufficient grounds to base diametrically opposite views of the cause producing the patient's symptoms. In the case of the emperor, of Germany, Mackenzie chose to take the more hopeful view, stating at the time of his first visit to Berlin that it was impossible to decide on the nature of the disease. The English physician doubtless found on reaching the German court that he was the object of some jealousy, and this feeling was rapidly intensified by the aggressive manner which he assumed in self-defence. The outcome of the relations thus strained was a violent and unseemly quarrel between Mackenzie and his German colleagues, in the course of which insinuations were made entirely unworthy of the high positions held by the contending parties. Professor von Bergmann, one of the chief German surgeons in attendance, retired from the case on 30 April 1888, and on 15 June following the patient died. Mackenzie was so ill-advised as to publish details which should have been kept secret. The German doctors issued a medical account of the illness. Mackenzie replied in a popular work called 'Frederick the Noble,' which appeared in October 1888. It is, however, only just to him to state that the publication of his book was due to representations made to him from influential quarters, representations so strong as to lead him, perhaps against his better judgment, to abandon the purely medical report he had at first projected, and to


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224 He put aside the thorns, and took out the eggs, holding them in the palm of his hand.

“They are quite hot—I think we frightened her off them,” he said.

“Ay, poor thing!” said Mrs. Leivers.

Miriam could not help touching the eggs, and his hand which, it seemed to her, cradled them so well.

“Isn’t it a strange warmth!” she murmured, to get near him.

“Blood heat,” he answered.

She watched him putting them back, his body pressed against the hedge, his arm reaching slowly through the thorns, his hand folded carefully over the eggs. He was concentrated on the act. Seeing him so, she loved him; he seemed so simple and sufficient to himself. And she could not get to him.

After tea she stood hesitating at the bookshelf. He took “Tartarin de Tarascon.” Again they sat on the bank of hay at the foot of the stack. He read a couple of pages, but without any heart for it. Again the dog came racing up to repeat the fun of the other day. He shoved his muzzle in the man’s chest. Paul fingered his ear for a moment. Then he pushed him away.

“Go away, Bill,” he said. “I don’t want you.”

Bill slunk off, and Miriam wondered and dreaded what was coming. There was a silence about the youth that made her still with apprehension. It was not his furies, but his quiet resolutions that she feared.

Turning his face a little to one side, so that she could not see him, he began, speaking slowly and painfully:

“Do you think—if I didn’t come up so much—you might get to like somebody else—another man?”

So this was what he was still harping on.

“But I don’t know any other men. Why do you ask?” she replied, in a low tone that should have been a reproach to him.

“Why,” he blurted, “because they say I’ve no right to come up like this—without we mean to marry——”

Miriam was indignant at anybody’s forcing the issues between them. She had been furious with her own father for suggesting to Paul, laughingly, that he knew why he came so much.

“Who says?” she asked, wondering if her people had anything to do with it. They had not.

“Mother—and the others. They say at this rate everybody will consider me engaged, and I ought to consider

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The Remembrancer/Particulars of the engagement between the French frigate La Belle-Poule, and an English frigate

The Remembrancer; or, Impartial Repository of Public Events For the Year 1778 (London, Printed for J. Almon, opposite Burlington House, Piccadilly, 1778)

[p. 231]

From the Supplement to the Gazette of France, June 26.
Particulars of the engagement between the French frigate La Belle-Poule, and an English frigate.

The 17th of this month, at ten o'clock in the morning, Lieutenant Chadeau de la Clocheterie, commanding the King’s frigate la Belle Poule, of 26 guns, twelve pounders, discovered from the top of the masts several ships; at half past ten, he began to suspect they might be an English squadron; a few minutes after, he reckoned twenty men of war, fourteen of which at least appeared to him to be ships of the line; the squadron was then at four leagues distance from the French frigate. The Sieur de la Clocheterie soon perceived that a frigate and a sloop gained upon them. The latter, carrying ten six-pounders, came up with the Belle Poule, and hailed her in English. The Sieur de la Clocheterie answered, bidding him speak French: then the sloop joined her frigate.

At half past six, the English frigate came up within musket shot of the Belle Poule, to leeward, the squadron being still at the same distance.

The Sieur de la Clocheterie manœuvered to avoid the disadvantageous position he was in. His manœuvre, executed with precision and celerity, soon put the two frigates across each other, and within pistol shot. In this position, the English frigate hailed her in English; he answered he did not understand; she then hailed him in French, and said he must come to her Admiral; the Sieur de la Clocheterie answered, that his mission did not permit him to take that route. The English frigate insisted, and repeated that he must come to the Admiral; the French Captain assured him he would do no such thing: then the English frigate poured a broadside into him, and the engagement began at a time when there was scarce any wind to govern the ship. The action lasted from half past six in the evening, till half past eleven, still within pistol shot. It is to be presumed that the English frigate, which is of 28 six pounders, was spent, since at that epocha she availed herself of a breeze that sprung up, and returned to her squadron: in that position she received upwards of fifty cannon shot from the French frigate, without returning one.

It was impossible for the French frigate to pursue her; that route would have carried her amidst the English fleet. The Sieur de la Clocheterie resolved to run a-ground, and at half past twelve at night he anchored among the rocks, near Plouascat, where, the 18th, the frigate was observed, and watched by two English ships; but the rocks which surrounded him, seemed to shelter him from any insult.

The action has been most bloody. On the 18th the exact number of the dead was not yet known; but was estimated at 40 at least. The Sieur Green de Saint Marsault, Lieutenant, and second in command, was killed. The Sieur de la Roche de Kerandraon, Ensign, having had his arm broke, after fighting two hours, had it set, and returned to his post, which he kept during the three remaining hours that the action lasted. The next day he was obliged to suffer an amputation. The Sieur Bouvet, an auxiliary officer, was grievously wounded, but would not leave the deck to be dressed. The Sieur de la Clocheterie had two violent bruises, one in the thigh, and the other in the head. The number of the wounded amounts in all to 57.

The action was kept up with equal fire, and with the same spirit, till the moment when the English frigate abandoned the combat. The Chevalier de Capellis commanded the [p. 232] battery, and was seconded by the Sieurs Damard and Sbirre, auxiliary officers, and the Sieur de Basterot, and Chevalier de la Galernerie, marine guards. The crew, animated by the example of the officers, gave the greatest proofs of bravery and presence of mind.

The Sieur de Sartine, Minister and Secretary of State for the marine department, having given the King an account of the engagement of the frigate la Belle Poule, his Majesty has granted to the Sieur de la Clocheterie, who commanded her, a brevet of Captain; to the Sieur de la Roche Kerandraon, Ensign, the Cross of St. Louis, and a pension; to the Sieur Bouvet, a brevet of Lieutenant of frigate; and has given marks of his satisfaction to all the officers and marine guards.

His Majesty has likewise granted a pension on the funds of the invalids of the marine, to Mademoiselle Green de Saint Marsault, sister to the officer of that name, who was killed in the engagement. He has moreover provided for the widows and children of the marine officers killed in the action; and has granted to the wounded men, gratuities proportioned to their wounds, as also a general benefaction to all the crew, which the widows of the killed will be admitted to partake of.

London, July 6.
A correspondent says, that the French King seems determined to endeavour to recover the honour of his flag, and to dispute with us the sovereignty of the sea. After a particular account of the engagement between the Arethusa and Belle Poule, the French Gazette goes into the detail of the honours and rewards conferred on the several officers and the crew of the French frigate. "Sa Majesté a accordé au Sieur de la Clocheterie, qui la commandoit, le Brevet de Capitaine de Vaisseau; au Sieur de la Roche-Kerandraon, Enseigne de Vaisseau, la Croix de Saint Louis, & une pension; au Sieur Bouvet, le Brevet de Lieutenant de fregate en pied, & elle a donné des temoignages de satisfaction à tous les officiers & gardes de la marine.

"Sa Majesté a pareillement accordé une pension sur les fonds des invalides de la marine à la Demoiselle Green de Saint-Marsault, Sœur de l’officier de ce nom qui a été tué dans le combat. Elle a pourvu d’ailleurs au sort des veuves & des enfans des officiers-mariniers & Matelots tués dans l’action, & elle a accordé aux blessés des gratifications proportionnées à leurs blessures, ainsi qu’une gratification générale à tout l’équipage, au partage de laquelle les veuves des morts seront admises."

These noble acts of public gratitude to distinguish naval valour, the London Gazette does not announce to the nation to have been imitated by the King of England, at the commencement of a war, to at least equal English valour. No honours are conferred on the brave Captain Marshal, the commander of the Arethusa, nor on any of his officers. No gratifications of any kind are given to the surviving valiant crew; no pensions settled on their widows or orphans. No mark of the private satisfaction of the sovereign to a meritorious officer from a prince, who has a pension of 900,000l. a year from the nation, and an income of above a million, on the eve of a war with the ancient enemy of this kingdom, to encourage and animate a fleet, on which our domestic tranquility and security entirely depend.

It is observed by a correspondent, that France and England have in the compass of a century had two sovereigns, who were their own ministers. After the death of Cardinal Mazarin, Louis XIV governed without any Prime Minister. George III has been his own minister. The event was prosperous to France, most [p. 233] disgraceful to England. Louis XIV increased his dominions with the important acquisitions of Alsace, Franche Comté, the three considerable Bishopricks of Mentz, Verdun, and Toul, French Flanders, the remainder of Artois, the Nivernois, &c. &c. &c. George III has already lost the Colonies of New Hampshire, Massachusetts Bay, Rhode Island, and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, the Counties of New-Castle, Kent, and Sussex on Delaware, Maryland, Virginia, North Carolina, and Georgia, but the same Minister still continues in England.


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 MORRIS MORRIS was married in 1852 to Haunali, daughter of Henry F. Rodney, of Lewes, Del. ; was rector of St. David's church, Manayunk, Pa., 1851-57, and of St. Luke's church, Germantown, Pa., 1857-68. He was elected missionary bishop of Oregon and VVjishington territories in 1868, as successor to the Rt. Rev. Thomas Fielding Scott, deceased, and was consecrated Dec. 3, 1868, by Bishops Lee, Odenheimer, Vail, Clarkson, Randall and Kerfoot. When his jurisdiction was divided into two sees in 1880 he remained in charge of the missionary district of Oregon, which in 1889 was organized as a diocese. The honorary degree of D.D. was conferred on him by Columbia college in 1868 and by tlie University of Pennsylvania in 1869. He is the author of : Presbyterian, Baptist and Methodist Testimony to Confirtnation and of contributions to clmrch periodicals. MORRIS, Cadwalader, financier, was born in Philadelpliia, Ph., April 19, 1741 ; son of Sam- uel (1711-1782) and Hannah (Cadwalader) Morris, and brother of Samuel Cadwalader Morris (1743-1820). His father, a member of the committee of safety during the Revolu- tionary war and register of wills in Philadel- phia, 1777-82, died in 1782. Cadwalader was a member of the city troop commanded by his cousin, Capt. Samuel Morris (1734-1812), as Wash- ington's body-guard. Upon the organization of the Pennsylvania Bank, June 8, 1780, he assisted in its establishment by a subscription of £2,500 to its capital, his father having subscribed £3,000. The institution was organized for the purpose of " supplying and transporting food to the army." He was a founder and elected a director of the Bank of North America in November, 1781, and served till April 25, 1787, subscribing for one share of stock for himself and three for his mother, Hannah Morris. He removed to Berks county, Pa., after the war and established an iron furnace at Birdsborough. He subsequently returned to Philadelphia and engaged in business. He died in Philadelphia, Pa., Jan. 25, 1795. MORRIS, Calvary, representative, was born in Charleston, Va., Jan. 15, 1798, and was brought up on a farm in the Kanawha valley. He was married in 1818 to a daughter of Dr. Leonard Jewett of Athens, Ohio ; removed to Ohio in 1819 ; settled in Athens county, and was sheriff of the county, 1823-27 ; a representative in the state legislature, 1827-29 and 1835-36 ; state senator, 1829-31 and 1832-35, and a Whig representative from the sixth district of Ohio in the 25th, 26th and 27th congresses, 1837-43. He engaged in wool growing and in 1843 introduced fine wool sheep into Ohio. In 1847 he removed to Cincinnati in 1854, returned to Athens, and in 1855 was elected probate judge of the county. He died in Athens, Ohio, Oct. 13, 1871. MORRIS, Caspar, physician and author, waff born in Philadelphia, Pa., May 2, 1805; son of Israel W. Morris ; grandson of Capt. Samuel Morris (1734-1812), and a descendant, through Samuel (1711-1782) and Anthony (1682-1783), of Anthony the immigrant (1654-1821). He was graduated from the University of Pennsylvania, M.D., 1826, and practised in Philadelphia until 1871. He was married to Ann Cheston of Philadel- phia. He lectured on the theory and practice of medicine in the Philadelphia Summer School of Medicine and the Philadelphia Medical institute, and on children's diseases at the Blockley Alms- house hospital. He founded and managed the Institution for the Blind, and was elected vice-president and manager of the Protestant Episcopal hospital. He is the author of : Life of William Wilberforce (1841); Memoir of Miss Mar- garet Mercer (1848); Letter to Bishop Alonzo Pot- ter on Hospital Needs (1851); Lectures on Scarlet Fever (1858); Essay on Hospital Construction and Management (187')); Rilliet and Barthel on Dis- eases of Children, and Heart Voices and Home So7igs. He died in Philadelphia, March 16, 1884. MORRIS, Charles, naval officer, was born in Woodstock, Conn., July 26, 1784. His father was purser on the U.S. frigate Congress. He was ap- pointed a midshipman on board the Congress; sailed from Portsmouth, N.H., and made a cruise to the West Indies. On his return he was as- signed to the Constitution, Commodore Preble's flagship, and was one of the seventy who volun- teered on the expedition to recapture or burn the the U.S. frigate Philadelphia, then in the hands of the Tripolitans. On Feb. 3, 1804, the party under Lieutenant Decatur of the Enterprise sailed from Syracuse in the ketch Intrepid, and after a stormy voyage of fifteen days gained the ' harbor of Tripoli and found the Philadelphia an- chored within half a gunshot of the bashaw's castle and the principal battery. Two Tripoli- tan cruisers lay by the starboard quarter and several gunboats on the starboard bow. The Philadelphia was manned by one thoasand Turks and her guns were all mounted and loaded. At eleven o'clock at night the ketch came alongside and the crew of seventy boarded the frigate. Lieutenant Decatur and Midshipman Morris leading the boarders, and Morris was the first to reach the quarter-deck of the Philadelphia. They surprised the Turks, killed about twenty, the rest either jumping overboard or being driven below, and after setting fire to the frigate the boarders drew off and under a hail of shot retreated safely out of range. Morris was trans- ferred to the Argus, Lieut. Isaac Hull, and after the action of Aug. 3, 1804, while in a small boat belonging to the Argus, boarded and captured a small French privateer that had just escaped


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Mackenzie substitute for it a popular and singularly injudicious treatise, which brought upon him the censure of the Royal College of Surgeons on 10 Jan. 1889.

If it had not been for this episode in his career, Mackenzie would have been remembered as an able practitioner in a special department of medicine, endowed with great mechanical skill and power of invention. He was rewarded for his services at Berlin with the distinction of knight bachelor, conferred upon him in September 1887; and the Emperor Frederick decorated him, during the course of his illness, with the grand cross of the Hohenzollern order.

Mackenzie lived in Harley Street, London, and there died on 3 Feb. 1892. He is buried in the graveyard of St. Mary's Church at Wargrave in Berkshire. He married in 1863 Margaret, daughter of John Bouch of Bickley Park, Kent, and left issue.

Portraits appeared in 'Contemporary Medical Men,' vol. li. Leicester, 1888, and in the 'Journal of Laryngology,' vol. vi. Mackenzie published: 'Manual of Diseases of the Throat and Nose,' 2 vols. 8vo, London ; vol. i. 1880; vol. ii. 1884. A most comprehensive work, excellently written ; it is the standard text-book on the subject, and has been translated into German and French. Minor works are : 1. 'Treatment of Hoarseness and Loss of Voice,' 12mo, London, 1863; 2nd edit. 8vo, 1868; 3rd edit. 1871. 2. 'On the Pathology and Treatment of Diseases of the Larynx,' Jacksonian prize essay, the manuscript of which is preserved in the library of the Royal College of Surgeons of England, bound in three volumes with an appendix. The drawings which accompany the essay are some of the first representations of the human larynx as it appears during life. 3. 'Use of the Laryngoscope,' 8vo, London, 1865; 2nd edit. 1866; 3rd edit. 1871. 4. 'Essays on Growths in the Larynx,' 8vo, London, 1874. 5. 'Diphtheria, its Nature and Treatment,' 8vo, 1879. 6. 'Hay Fever and Paroxvsmal Sneezing,' London, 8vo, 1884; 6th edit. 1887. 7. 'Hygiene of the Vocal Organs,' London, 12mo, 1886. 8. ' The Fatal Illness of Frederick the Noble,' London, 8vo, 1888. 9. 'Essays,' with portrait, London, 1893.  McKENZIE, MURDOCH, the elder (d. 1797), hydrographer, possibly the grandson of Murdoch Mackenzie (1600-1688), bishop of Orkney, was descended from a younger branch of the Gairloch family (, Historical Catalogue of the Scottish Bishops). He was employed before 1749 in surveying the Orkney and Shetland Islands for the admiralty and the East India Company. In 1749 he laid a paper on 'The State of the Tides in Orkney' before the 'Royal Society (Phil. Trans.), and in 1750 published 'Orcades : or a Geographical and Hydrographical Survey of the Orkney and Lewis Islands' (fol.) with charts. In 1752 he was sent in the Culloden sloop, in company with Captain Rodney, to examine a new and, as it proved, imaginary island, which had been reported as seen in long. 24° 30' west of the Lizard (, Rodney, p. 29; Naval Chronicle, i. 367). He was afterwards definitely employed as surveyor of the admiralty, and surveyed with compass the north coast of Ireland and the west coast of Scotland, the results of which were published in 1776 as 'Nautical Description of the West Coast of Great Britain from Bristol Channel to Cape Wrath,' and 'Nautical Description of the Coast of Ireland,' both in folio. He also published in 1760 'A Chart of the Atlantic Ocean,' on a large scale, drawn on the circular projection which he invented. In 1771 he was succeeded in his office of admiralty surveyor by his nephew, Murdoch McKenzie the younger [q. v.], and seems to have retired from the active duties of his profession, though in 1774 he brought out 'A Treatise on Marine Surveying,' 4to; a second edition of which, in 1819, was edited by James Horsburgh [q.v.] In May 1774 he was elected a fellow of the Royal Society. His certificate, which describes him as 'of Hampstead,' and 'well acquainted with mathematical and philosophical learning,' was signed by Sir Joseph Banks, Solander, Thomas Pennant, and others. He withdrew from the society in 1796, probably on account of his advanced age. He died in the following year, and was buried at Minehead in Somerset on 16 Oct. (information from the vicar of Minehead). McKenzie's work, carried out with very inadequate means and with undue haste, to gratify the admiralty's demand for quantity in preference to quality, was of the nature of rough examination rather than of accurate survey ; but his 'Treatise on Marine Surveying ' is still esteemed.


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ALDERMAN LUSHINGTON. See.

ANDREW MILLER'S LUGGER, a king's ship or vessel.

AREA SNEAK, or AREA SLUM, the practice of slipping unperceived down the areas of private houses, and robbing the lower apartments of plate or other articles.

ARM-PITS. To work under the arm-pits, is to practise only such kinds of depredation, as will amount, upon conviction, to what the law terms single, or petty larceny; the extent of punishment for which is transportation, for seven years. By following this system, a thief avoids the halter, which certainly is applied above the arm-pits.

AWAKE, an expression used on many occasions; as a thief will say to his accomplice, on perceiving the

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T may be expected that, like other biographers, I should give some account of my ancestors. This I can but imperfectly do; for the volatility of my disposition, and the early age at which I left my friends, prevented me from ever making pointed inquiries on the subject. Family pride I have ever considered as the most ridiculous of all human weaknesses. However, as I am writing facts, be it known, that my progenitors, by the mother's side, were of no mean rank; my great-great-grandmother, Dorothy, the daughter of Sir Thomas Hartopp, Bart. of Ragby, or Ragley Castle, in shire, was united, after a long and romantic courtship, to a gentleman named Yonge, and from this

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Mackenzie MACKENZIE, THOMAS, (1807–1869), Scottish judge, son of George Mackenzie, a tradesman of Perth, was born on 16 May 1807. He received his early education at the Perth academy, and after studying two years at the university of St. Andrews, went to Edinburgh, where, while following the occupation of clerk, he succeeded in qualifying himself for the Scottish bar, to which he was called in 1832. He owed his success at the bar chiefly to the patronage of Lord-advocate Rutherford, to whom he acted as junior, and who highly valued his careful attention to details. In 1851 he was appointed sheriff of Ross and Cromarty, and solicitor-general, and in December 1854 was raised to the bench in the court of session, with the title Lord Mackenzie. He is credited with drafting the Bankruptcy Act of Scotland in 1856. He retired from the bench in 1864, and died on 26 Sept. 1869. 'No warm friendships,' said a writer in the 'Scotsman,' 'had he, no wife, no public explosions of benevolence, no quarrels. He toiled on to the end like a machine. Labour of the brain had become to him a sort of second nature, and in it he found the chief and almost only pleasure in life,' Mackenzie was the author of 'Studies in Roman Law, with Comparative Views of the Laws of France, England, and Scotland,' 1862, a clear and well-arranged text-book, which has passed into several editions.

 MACKENZIE, WILLIAM, fifth (d. 1740), known among the Highlanders as ' William Dubh ' (the black), was the eldest son of Kenneth, fourth earl [q. v.], by Lady Frances Herbert. Shortly after the accession of George I in 1714 he was ordered to confine himself within his own castle (, History of the Rebellion, edit. 1741, p. 77). He attended the meeting convened by John Erskine, earl of Mar (1675–1732) [q. v.], at Braemar in 1716, when the standard of the Pretender was raised. At the head of over three thousand men, including the Macdonalds, Rosses, and others, he set out in October to join Mar at Perth (ib. p. 330). (1668–1733) [q. v.], endeavoured to bar his passage, but on being attacked retreated to Bonar (ib. p. 331), and Seaforth, after harassing ms country and collecting large quantities of booty, continued his march southwards. He was present at Sheriffmuir. After the battle he was nominated by the Chevalier lieutenant-general and commander of the northern counties, and went north to endeavour to recover Inverness, which had been captured for the government by Simon Fraser, lord Lovat [q. v.] ('Earl of Mar's Journal' in, History of the Rebellion, part ii. p. 117). Although joined by Alexander Gordon, marquis of Huntly, afterwards second duke of Gordon [q. v.], he was unable to raise forces sufficient to make way against the Earl of Sutherland, and gave in their submission. Shortly afterwards Seaforth crossed over to the island of Lewis, where he endeavoured to collect a number of his followers; but when a detachment of fovernment troops had been sent against him, he escaped to Ross-shire, whence he set sail for France, reaching St. Germains in February 1716. On 7 May following he was attainted by parliament and his estates forfeited.

Seaforth accompanied the Earl Marischal [see, tenth ] in his expedition to the western highlands in 1719. He was severely wounded at the battle of Glenshiels on 10 June, but was carried on board a vessel by his followers, and, escaping to the Western Isles, returned thence to France.

Notwithstanding his forfeiture, his followers, in spite of the vigilance of the government, regularly sent him their rents in his exile. After the passing of the disarming act in 1725 they, however, agreed on his private recommendation to give up their arms, and in future to pay rent to the government on condition that they were discharged of all arrears. To this Wade not only agreed, but also promised to use his influence to secure a pardon for Seaforth (Lockhart Papers, ii. 196). The efforts of Wade on behalf of Seaforth, although strongly opposed by John Campbell, second duke of Argyll [q. v.], were successful (ib. p. 300). By letters patent of 12 June 1726 Seaforth was discharged of the penal consequences of his attainder, although the forfeiture was not reversed. From George II he received a grant of the arrears of feu duties due to the crown out of his forfeited estates. Seaforth was led to seek peace with the government, partly on the ground of dissatisfaction with his treatment by the Chevalier. He excused to the Chevalier his acceptance of the terms of the government as a temporary expedient absolutely necessary for the protection of his clan, but the Chevalier was deeply hurt at what he deemed a desertion of his cause (see correspondence in Appendix to Stuart Papers, edit. Glover, 1847). Seaforth died 8 Jan. 1740 in the island of Lewis, and was buried there in the chapel of Ui.

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 union sprang a very respectable family, the Yonges of shire, who are still of some consequence in that county. This scrap of genealogy I should probably have been unacquainted with, but for the circumstance of two original love-letters, interchanged between the parties above-mentioned, during the period of their courtship, and still preserved in the family as antiques. These epistles are written in the most pathetic strain, and, allowing for the age in which they were composed, abound in elegant diction. My grandmother, Dorothy Yonge, married Mr. Lowe, a respectable attorney of the court of King's-Bench, who for many years filled the office of clerk to the warden of the Fleet, and had, besides, a very extensive private practice. The only issue of this marriage was my mother, who was brought up with the most affectionate tenderness, and well educated. By what means she became acquainted with my father, who was from a very distant county, I never learnt; but she was united to him in the year 1781, and, as I have reason to think, against the advice and will of her parents, my father being of a family much less respectable, and, at the time of his marriage, in no higher situation than that of butler and house-steward to Mr. Sumner, a member of parliament, whose estate was situated near Guilford, in Surrey; where my mother, it appears, went to reside after her union, of which I was the first fruits, being born at

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72
 * 1 & 2 Geo. 4. c. 24..
 * An Act to extend certain Provisions of an Act of King William the Third, intituled "An Act for regulating of Trials in Cases of Treason and Misprision of Treason to that part of the United Kingdom called Ireland.
 * 1 & 2 Geo. 4 c. 28.
 * An Act for abolishing the African Company and transferring to and vesting in His Majesty all the Forts, Possessions, and Property now belonging to or held by them.
 * 1 & 2 Geo. 4 c. 33.
 * An Act to make more effectual Provision for the Establishment of Asylums for the Lunatic Poor, and for the Custody of Insane Persons charged with Offences in Ireland.
 * 1 & 2 Geo. 4 c. 36.
 * An Act for the better Regulation of the Public Notaries in Ireland.
 * 1 & 2 Geo. 4 c. 38.
 * An Act the title of which begins with the words "An Act for "establishing Regulations," and ends with the words " and other" officers of the said Courts."
 * 1 & 2 Geo. 4 c. 41.
 * An Act for giving greater Facility in the Prosecution and Abatement of Nuisances arising from Furnaces used and in the working of Steam Engines.
 * 1 & 2 Geo. 4 c. 44.
 * An Act to exclude Persons holding certain Judicial Offices in Ireland from being Members of the House of Commons.
 * 1 & 2 Geo. 4 c. 53.
 * An Act to regulate the Proceedings in the Civil Side of the Court of King's Bench, and also in the Court of Common Pleas, and in the Pleas or Common Law Side of the Court of Exchequer in Ireland.
 * 1 & 2 Geo. 4 c. 54.
 * An Act to regulate the Office of Clerk of Assize or Nisi Prius, or Judge's Registrar, in Ireland.
 * 1 & 2 Geo. 4 c. 58.
 * An Act to regulate the Expences of Elections of Members to serve in Parliament for Ireland.
 * }
 * 1 & 2 Geo. 4 c. 41.
 * An Act for giving greater Facility in the Prosecution and Abatement of Nuisances arising from Furnaces used and in the working of Steam Engines.
 * 1 & 2 Geo. 4 c. 44.
 * An Act to exclude Persons holding certain Judicial Offices in Ireland from being Members of the House of Commons.
 * 1 & 2 Geo. 4 c. 53.
 * An Act to regulate the Proceedings in the Civil Side of the Court of King's Bench, and also in the Court of Common Pleas, and in the Pleas or Common Law Side of the Court of Exchequer in Ireland.
 * 1 & 2 Geo. 4 c. 54.
 * An Act to regulate the Office of Clerk of Assize or Nisi Prius, or Judge's Registrar, in Ireland.
 * 1 & 2 Geo. 4 c. 58.
 * An Act to regulate the Expences of Elections of Members to serve in Parliament for Ireland.
 * }
 * 1 & 2 Geo. 4 c. 54.
 * An Act to regulate the Office of Clerk of Assize or Nisi Prius, or Judge's Registrar, in Ireland.
 * 1 & 2 Geo. 4 c. 58.
 * An Act to regulate the Expences of Elections of Members to serve in Parliament for Ireland.
 * }
 * 1 & 2 Geo. 4 c. 58.
 * An Act to regulate the Expences of Elections of Members to serve in Parliament for Ireland.
 * }
 * }


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 came, not from the disciplined prisons of the present day, but from the ill-regulated gaols and hulks of a hundred years ago. There life had been brutal and squalid, but full of excitement. On the transport there were long days of idleness, varied by agonies of sea-sickness. As they became used to the movement of the ship they found no way of filling the hours save gambling (nominally forbidden), quarrelling and plotting. The plots ranged from mean tricks to get another man's rations or to get an extra hour on deck, to conspiracies to gain possession of the ship and sail to far-off climes. The surgeon usually kept a school for the boys and such of the men as cared to learn to read or write. Far more fascinating must have been the school of crime of which the old and seasoned convicts were and ushers. There they learned a new tongue, that strange and debased English which has a peculiar vigour in spite of its sordidness. Some of the surgeons compiled vocabularies of this thieves' patter or "flash" slang. These, and some rather frivolous collections of anecdotes, are all that remain of their observations—for a unique opportunity for the student of criminal psychology was wasted in the hands of the naval surgeons.

A scanty supply of bibles formed the prison library, and a few of the convicts hoarded greasy volumes, telling tales of crime and horror, which would have been confiscated on discovery. No occupation could be permitted for which tools which could be turned into weapons of offence were necessary, and by 1820 no surgeon had discovered any employment not requiring them. The men were in this respect worse off than the women, for the latter could at least sew.

The fear of mutiny made convict transports insecure for the conveyance of passengers, though as a matter of fact no mutiny did actually occur in these years. It was, however, a good introduction to service in the Colony, for the voyage provided ample opportunity for gaining a knowledge of part of the population. While probably the worst type of convict was most prominent on board the ship, it must be admitted that many


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CHAPTER IX

WHEN LIFE IS WORTH LIVING

To establish permanently the living of life in the spiritual state of being is the greatest need of man. But this is not possible so long as we live in that conception of spirituality that forgets the body. The body is the temple of the spirit, and must therefore receive just as much thought and attention as we give to the spirit. To neglect the body is to make real spirituality impossible, because real spirituality is a living thing, and must have a highly developed personality through which this living may be expressed. Spirituality is not simply in thought, feeling or abstract contemplation; there is no spirituality without the actual coming forth of real soul life; but the life of the soul does not come forth into tangible personal living unless the body is trained to respond to that life.

The spirituality that we seek is that full expression of the soul that fills every atom in the body and gives the sublime wholeness of divinity to the entire being of man. To be spiritual is to be complete in body, mind and soul; to live the fullness of real life in every element of life, and to bring forth the truest,


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90 the best and the most beautiful that exists within us. To become spiritual is to refine everything, perfect everything, beautify everything, and make the ideal real, not only in thought but in every part of physical life, mental life and spiritual life. To grow in spirituality is to continue perpetually to spiritualize the body, as well as mind and soul, until the visible man is as pure, as strong, as wholesome and as beautiful as the highest state of divine existence.

True spirituality will give health and vigor to the body, power and brilliancy to the mind, strength and perfection to the character, and sublime loveliness to the soul. The more spiritual you become the more beautiful you become in person, the more refined you become in all the elements of your nature, the more powerful you become in every thought and action, and the more comfort, happiness and real satisfaction you will receive from everything you may do in life. When spirituality is highly developed you live constantly on the heights; you see all things as they are in the real; you know that you are created in the image and likeness of God; you are in constant touch with the beauty and splendor of the cosmic world, and your joy is supreme. You are living in the light of the spirit, and your mind at times is so illumined by that light that your understanding of higher wisdom becomes extraordinary. You thus enter those lofty realms from which all true prophets have received


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Rh their inspiration, and, accordingly, you become one of those who are chosen to be taught of God.

To enter real spirituality is to anchor the mind in that very power that holds and guides the universe; and such a mind is always safe. Such a mind will not go wrong; and even though it be strongly tempted, it will be removed from danger before it is too late. There is something in the higher world about us that can and does protect the soul; and those who are fixed on high in the spirit are ever in the care of this divine protection. Dangers, calamities or catastrophes will never touch them; they are invariably taken out safely, no matter what may happen; they are ever in the hands of God, and all is always well.

This higher guiding power, however, does not simply protect the chosen ones from that which is not desired; but those who have supreme faith in the spirit will be led on and on into the larger and larger realization of that which is desired. The spirit contains all, and to grow in the spirit is to receive all. Not simply that all that satisfies the demands of the intellect or the feelings of the soul, but that all that fully supplies every want, desire or need of the whole man. Spirituality is the highest good of all life realized in full living expression. In the spiritual life there is no need, neither is there any false desire. Every desire is true to the great purpose of eternal life, and every desire is fulfilled. In spiritual


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92 life every prayer is inspired by the wisdom of the spirit, and such prayers are always answered. Whatever God may lead us to do He will always give us the power to do.

The spiritual state of being is the great foundation of all being, and the source of everything that comes forth into perfect being; therefore, the more deeply we enter into the life and the power of the spirit the more fully conscious we become of those greater things that real life has in store; and whatever we become conscious of we invariably bring forth into tangible existence. The spiritual life contains real life, real power, real wisdom, real love, real harmony, real health, real purity, real peace, real joy, and to develop spirituality is to realize more and more of the real of these things until the perfection of divine being is unfolded and lived in the present personal form. In consequence, when we are in the spiritual life we need sacrifice nothing that has real value, while we gain more and more of everything that has greater value. When we begin to live the spiritual life we begin to feel that we are now upon the solid rock of eternal being, and we feel absolutely secure. We realize that we are in safety, in divinity, in the protecting care of higher power. We are becoming more and more conscious of the cosmic atmosphere, and this gives added assurance of complete protection, because this higher, sublimated atmosphere is so surcharged with living spirit that no ill from the world can possibly pass


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Rh through. We are absolutely out of the ills of the world when we are in the spirit, just as we are absolutely out of darkness when we are in the light. And to grow in the spirit the first essential is to take what spiritual life we can now understand and give that life full, living expression in every atom of body, soul and mind.

There can be no real spirituality developed so long as we try to make such developments a matter of the soul alone; mind and body must be included or our efforts simply result in feelings and sentiments that are neither wholesome nor harmless. Spirituality is not a matter of sentiment, nor is it wholly concerned with a future state of existence. Spirituality is a full life just for to-day. It is a life that is all that it is now, and those who are in the spirit know that the time that now is, is eternal.

One touch of the spirit and all is well. Darkness and pain will vanish, sickness and sorrow take flight; weakness and bondage will pass away, and troubles can exist no more. To be touched by the spirit is to be filled through and through with the spirit, and where the spirit is there evil is not. What we have seen in our visions shall come to remain. What is revealed from on high shall come and abide with us always. Therefore let the soul dream on. Disturb not the peace of those sweet celestial slumbers, for what to us may appear to be spiritual sleep is but life in a greater world. And thus something from above comes to tell us, "dream on, fair soul, dream on."


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94 To worship God in spirit and in truth, is to so live that we can always feel that he is with us no matter what we may think or say or do. To worship God is to take Him with us in everything, ask Him for everything, have faith that He will give us everything, and be grateful to Him because we inwardly know that we are receiving everything. To worship is not to believe and adore, but to live and love; not simply to accept the truth but to make the truth the living soul of every thought and word and deed. When we worship God in truth, we enter into His presence knowing that He is divine perfection and that we are created in His image and likeness. To believe that we are depraved beings, base sinners or imperfect human creatures, is not to be in the truth, because to be in the truth we are as God is. Therefore, while we have those beliefs we cannot worship God in truth. To worship God in truth we must enter the truth, and to enter the truth is to know that man is even now the perfect image of the Most High.

To worship God in the spirit, is to forget the letter and enter into the spiritual realization of His omnipresent life. When we are in the spirit we do not worship with audible words or visible attitudes, but with that exalted spiritual feeling that enters into the very soul of the Infinite and there awakens to the great eternal truth that "My Father and I are one." When we are in the spirit we inwardly know that "God is closer than breathing, nearer than hands and feet," and we can feel that


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Rh sublime nearness thrill every atom in our being. We need nothing to prove to us that we are one with God, for we can feel that it is the truth. Nor do we question any more whether God be personal or not. We know that we are with Him and that He is with us; and that is sufficient. His personal presence is more real to us than our own existence; we therefore need not reason on that subject. We have seen Him in the spirit, but that which is in the spirit, form cannot measure, nor words define.

The word of God is the word of truth. All truth is Scripture wherever found or by whom presented; and all Scripture is written when the mind is in the spirit. Therefore, to understand the Scripture we must enter the spirit, and read while illumined by the spirit. We shall then find, upon every page, "the bread of heaven," "the waters of life," "the meat that ye know not of." The key to the Scriptures is not some system of symbolical interpretation, nor some special method of metaphysical or spiritual analysis. The key is simply to enter the spirit when you begin to read. The spirit reveals everything that is sacred and true.

To live exclusively in materiality, that is, in the lower story of being, is the cause of all weakness and weariness. The remedy for such conditions will therefore be found in spirituality, which means to live in the upper story. So long as the mind is "high" in the world of consciousness there can be no weakness G


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96 or weariness in the person. We cannot be weary while we are filled with the strength of the Most High, and we are in perfect touch with this great strength while the mind is living in the "high places" of the spirit. When we come down to the earth, earthy we lose this superior power and become weak as mere men; we are limited in every respect and have to watch ourselves at every turn lest we overtax the system. But when we do all things in the realization that we are spiritual beings filled with supreme power from on high, there is no limit to what we can do. Our strength is eternally renewed because we are waiting upon the Lord; we are living with Him, doing all things for Him, and in return we receive all things from Him.

When the mind lives constantly in the higher states of being, more perfect oneness with the Infinite is attained. We come nearer and nearer to the Life and the Spirit of the Supreme, and, in consequence, we are supplied with new life and power every moment. We are going into the source of all power; we are beginning to live and move and have our being in the very essence of that power, and we are becoming stronger by far than all the weakness and the weariness in the world. We are no longer subject to the laws of material existence; what holds true in the life of mere man does not hold true for us any more; we have entered a new life and are ascending triumphantly to the supreme heights of that life. The seeming weakness of the flesh has


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Rh given place to the limitless strength of the Spirit, for the very moment we begin to live in the spirit, the power of the spirit begins to live in us, and that which lives in us lives in every element of the body as well as in every attribute of mind and soul.

Spirituality is the perfect remedy for all the ills of life, and to live the spiritual life is the greatest thing that man can do. Therefore, to promote spiritual growth among all minds that are ready, is of more importance than all other objects and aims combined. Thousands realize this, and, in consequence, are ever in search for methods through which the life of the spirit may be found. Methods, however, are of secondary importance. When the heart begins to feel the need of the spirit, and all the powers of mind begin to desire the spirit, the perfect way will be opened. To promote spiritual growth we must live in the spiritual centre of the divine that is within us, but that divine center is not found through methods. No system of mental gymnastics can open the gates to the kingdom within; nor can any system of logical reasoning in abstract truth cause the mind to be illumined with light from on high. Spiritual illumination does not come through a mere intellectual process, however exact; it comes only when the desires of the heart are spiritualized by a power that is infinitely greater than man.

To think the truth, even with absolute exactness, will not avail unless we think


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98 in the spirit of truth. The intellectual form of the truth has no power; it is the inner spirit of the truth that gives life, freedom and illumination to man. And when we begin to know this inner spirit of the truth our minds have entered into the very soul of the real. Then it is that we gain power that to many seems superhuman; then it is that we take full possession of our own life and our own destiny; then it is that we find the faith that moves mountains, and through the life of this faith we press on and on to the great goal we have in view, removing every barrier in the way, overcoming every difficulty, surmounting every obstacle, rising higher than ever before every time we fall, transforming every seeming defeat into a great and glorious victory, passing through the fires of tribulation without even a hair being scorched, and coming out of every trying experience with greater purity and greater strength, realizing one ideal after another, ascending from one pinnacle of attainment to one that is higher still, finding answer after answer to the prayers we prayed in days gone by, until every desire is fulfilled and every dream of the soul made true.

There is no reason whatever why anyone should become discouraged, or be tempted to give up because the good things desired are not realized when expected. That which is your own will positively come to you, and everything is your own that you can use in


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Rh the building of a greater and more beautiful life. Continue in the faith that you will now begin to realize the fullness of life, and enter into the inner spirit of that faith. Some of the greatest things in the world have been gained after many years of constant faith and prayer—things that would not have been gained if those who prayed had lived in discouragement and doubt. If there is anything that you can use in the building of a great life, pray for it until you receive it no matter how many months or years may be required to cause your prayer to come true. Pray in the inner spirit of faith and when the time is ripe, be it to-morrow or twenty years from now, your prayer will be answered.

When your prayers are not answered at once, do not come to the conclusion that it is not best for you to have it; if that which you pray for will add to the welfare of somebody's life, it is best for you to have it. Therefore, continue to pray for it until you receive it. It is best that you should have everything that is good and true and beautiful. All that is good is good for man, and it is the will of God that man should receive it. But God gives us only that which we desire. We have individual choice, and we must express our desire in the true spirit of faith. What we ask for will come when our faith is right and our life prepared to properly use the great good desired.

To promote spiritual growth the inner light must shine in the outer life, and the inner


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100 world of divine truth must be expressed in every part of mind and body. The expression of the divinity within is absolutely necessary, and must be in every direction. Thousands to-day are expressing truth only for the purpose of securing health of body and peace of mind, and though they are having good results they will find ere long that in trying to perfect only a part of the outer life they have failed to bring forth the whole of the inner life. They will also find that the marvelous powers of the within have been permitted to sleep. After some years such minds will find that they have accomplished nothing more than being well and comfortable physically. But this is not all that we are living for. A genius is asleep in the subconscious of every mind; a spiritual giant is within us awaiting recognition; and in the soul is the Christ knocking at the door. These must not be kept waiting age after age while we are only concerned with being well and happy on the surface. It is not right to live a small life no matter how comfortable that life may be when we have received the gifts of the supreme life from on high.

The expression of the spirit should be universal in all the actions of man. The labor of the hands should be filled with the life of the spirit; the work of the mind should be animated with the one power of spirit, and every act of consciousness should feel the divine presence of the spirit. There are few, however, who think of expressing divine


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Rh spirit in every day work, and consequently, the spiritual life becomes a thing apart. But when the personal life is separated from the spirit, darkness, confusion, sickness and trouble begin; existence becomes a burden, and though we may possess the wealth of the world, life has nothing of worth to give. There is no joy in things unless the power of the spirit is in the world of things. There is nothing to live for unless we live for the spirit, and when we begin to live for the spirit all things, from the least importance in the physical realm to the most precious elements in the highest spiritual realms—all become ministering angels, adding eternally to the worth, the beauty and the joy of personal life. To him who lives in the spirit, everything in life has much to give, and to him, the best alone is given.

When we think, the mind should be filled with the spirit, and our intellects will become brilliant in the true sense of that term. When we read, our eyes should be filled with the spirit, and our sight will ever become stronger and better. When we work, every muscle in the body should be filled with the spirit, and we should renew our strength from the source divine. We thus cause the outer life and the inner life to become one life, and it is such a life that we are here to live now. Say that life is beautiful, no matter how things may appear on the surface. Say that you are strong and well no matter how the body may feel. You will thus speak the truth


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102 about the true state of being; and what you say, you create. Say that you are well and you create health. Say that life is divinely beautiful and you create such a life. And what we create to-day, we shall realize to-morrow.

There are a number of methods through which the spiritual nature of man can be developed and brought into larger and larger expression, but the majority of those methods are so complex that they lead more into intellectuality than into spirituality. To develop the mind, with its many faculties, complex methods are, as a rule, necessary, but to develop the soul, the simpler the methods are, the better. The secret is to keep the eye single upon the sublime spiritual state, to form the highest possible conception of the most perfect spiritual qualities imaginable, and to think of those things. The power of concentration is truly extraordinary whenever it may be applied, and its effectiveness is nowhere as thorough as in the world of the spirit. To think constantly of things spiritual, with an effort to enter more and more into the real life of the spirit, is to spiritualize all the elements of thought, all the phases of consciousness, and all the active states of realization. In consequence, everything in human life will become more spiritual.

What we think of we create; therefore the more we think of things spiritual the more spirituality we shall develop; and when the whole of thought is concentrated constantly


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Rh upon our highest spiritual ideal, we shall actually move into the real spiritual state. There is a spiritual state of consciousness immediately above the usual conscious state, and it is the lifting of mind and thought up into this higher state that produces spirituality; therefore, spiritual development will necessarily require the ascending tendency in every action in life. This requirement, however, is invariably supplied, when the power of attention is constantly directed upon the spiritual state. When we think of that which is spiritual, everything in life begins to ascend towards the higher spiritual states; that is, when our thinking of the spiritual is inspired with a deep soul desire to rise and live on the heights.


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1896.
 * 31 & 32 Vict. c. 34.
 * An Act to alter some Provisions in the existing Acts as to Begistration of Writs in certain Registers in Scotland.
 * 31 & 32 Vict. c. 38.
 * An Act for the Appropriation of certain unclaimed Shares of Prise Money acquired by Soldiers and Seamen in India.
 * 31 & 32 Vict. c. 47.
 * An Act to amend "The Consecration of Churchyards Act, 1867."
 * 31 & 32 Vict. c. 50.
 * An Act to amend the Acts for the Administration of Prisons in Scotland, in so far as regards the County of Lanark; and for other Purposes.
 * 31 & 32 Vict. c. 62.
 * An Act to extend the Provisions of " The Renewable Leasehold Conversion (Ireland) Act " to certain Leasehold Tenures in Ireland.
 * 31 & 32 Vict. c. 74.
 * An Act to extend the Powers of Poor Law Inspectors and Medical Inspectors in Ireland.
 * 31 & 32 Vict. c. 88.
 * An Act for transferring the Fee and other Funds of the Courts of Chancery and Exchequer in Ireland to the Consolidated Fund.
 * 31 & 32 Vict. c. 89.
 * An Act the title of which begins with the words " An Act to alter certain Provisions," and ends with the words "and Tithe Office."
 * 31 & 32 Vict. c. 95.
 * An Act to amend the Procedure in the Court of Justiciary and other Criminal Courts in Scotland.
 * 31 & 32 Vict. c. 98.
 * An Act to make provision for the payment of salaries to clerks of the peace and clerks of the Crown in certain boroughs in Ireland.
 * 31 & 32 Vict. c. 103.
 * An Act to amend the Law which regulates the Burials of Persons in Ireland not belonging to the Established Church.
 * }
 * 31 & 32 Vict. c. 88.
 * An Act for transferring the Fee and other Funds of the Courts of Chancery and Exchequer in Ireland to the Consolidated Fund.
 * 31 & 32 Vict. c. 89.
 * An Act the title of which begins with the words " An Act to alter certain Provisions," and ends with the words "and Tithe Office."
 * 31 & 32 Vict. c. 95.
 * An Act to amend the Procedure in the Court of Justiciary and other Criminal Courts in Scotland.
 * 31 & 32 Vict. c. 98.
 * An Act to make provision for the payment of salaries to clerks of the peace and clerks of the Crown in certain boroughs in Ireland.
 * 31 & 32 Vict. c. 103.
 * An Act to amend the Law which regulates the Burials of Persons in Ireland not belonging to the Established Church.
 * }
 * An Act to amend the Procedure in the Court of Justiciary and other Criminal Courts in Scotland.
 * 31 & 32 Vict. c. 98.
 * An Act to make provision for the payment of salaries to clerks of the peace and clerks of the Crown in certain boroughs in Ireland.
 * 31 & 32 Vict. c. 103.
 * An Act to amend the Law which regulates the Burials of Persons in Ireland not belonging to the Established Church.
 * }
 * 31 & 32 Vict. c. 103.
 * An Act to amend the Law which regulates the Burials of Persons in Ireland not belonging to the Established Church.
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 * }
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Rh

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 the village of East Clandon, on the 20th of May, 1782. My father shortly afterwards quitted the family of Mr. Sumner, and obtained a similar post in the service of Sir Richard Hill, Bart., with whom he continued several years.

In the year 1785, my grandfather, being advanced in life and naturally fond of domestic retirement, quitted the profession to which, by his integrity and honour, he had long been an ornament; and prevailing on my parents to commit me to his care, removed with my grandmother to S in Sshire, I being then about three years of age. In this neat little town, surrounded by the relatives of my grandmother, and many friends of his own, my grandfather having served his clerkship in the county, this worthy and truly virtuous couple enjoyed, for several years, uninterrupted happiness, their only care being centred in the education and indulgence of their grandson, of whom they every day became more extravagantly fond.

As my years increased, I was transferred from the preparatory school, at which I had been first placed, to a respectable seminary in the town, one of the best the county afforded, where I received the rudiments of a general education, and my capacity for learning endeared me still more to my indulgent friends. The imprudence of my mother's conduct had much lessened her in the affectionate esteem of her parents; nor did her subsequent behaviour, I

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is one of those persons who verify the old adage, that "A prophet has no honour, except out of his own country." His reputation lies at the circumference; and the lights of his understanding are reflected, with increasing lustre, on the other side of the globe. His name is little known in England, better in Europe, best of all in the plains of Chili and the mines of Mexico. He has offered constitutions for the New World, and legislated for future times. The people of Westminster, where he lives, hardly know of such a person; but the Siberian savage has received cold comfort from his lunar aspect, and may say to him with Caliban—"I know thee, and thy dog and thy bush!" The tawny Indian may hold out the hand of fellowship to him across the. We believe that the  Rh

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4 Catherine corresponded with him; and we know that the Emperor Alexander called upon him, and presented him with his miniature in a gold snuff-box, which the philosopher, to his eternal honour, returned. Mr. Hobhouse is a greater man at the hustings. Lord Rolle at Plymouth Dock; but Mr. Bentham would carry it hollow, on the score of popularity, at Paris or Pegu. The reason is, that our author's influence is purely intellectual. He has devoted his life to the pursuit of abstract and general truths, and to those studies—

and has never mixed himself up with personal intrigues or party politics. He once, indeed, stuck up a hand-bill to say that he (Jeremy Bentham) being of sound mind, was of opinion that Sir Samuel Romilly was the most proper person to represent Westminster; but this was the whim of the moment. Otherwise, his reasonings, if true at all, are true everywhere alike: his speculations concern humanity at large, and are not confined to the hundred or the bills of mortality. It is in moral as in physical magnitude. The little is seen best near: the great appears in its proper dimensions, only from a more commanding point of

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Rh view, and gains strength with time, and elevation from distance!

Mr. Bentham is very much among philosophers what La Fontaine was among poets:—in general habits and in all but his professional pursuits, he is a mere child. He has lived for the last forty years in a house in Westminster, overlooking the Park, like an anchoret in his cell, reducing law to a system, and the mind of man to a machine. He scarcely ever goes out, and sees very little company. The favoured few, who have the privilege of the entrée, are always admitted one by one. He does not like to have witnesses to his conversation. He talks a great deal, and listens to nothing but facts. When any one calls upon him, he invites them to take a turn round his garden with him (Mr. Bentham is an economist of his time, and sets apart this portion of it to air and exercise)—and there you may see the lively old man, his mind still buoyant with thought and with the prospect of futurity, in eager conversation with some Opposition Member, some expatriated Patriot, or Transatlantic Adventurer, urging the extinction of Close Boroughs, or planning a code of laws for some "lone island in the watery waste," his walk almost amounting to a run, his tongue keeping

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100

Þā se wyrm onwoc,wrōht wæs genīwad; stonc ðā æfter stāne,stearc-heort onfand fēondes fōt-lāst;hē tō forð gestōp dyrnan cræftedracan hēafde nēah. Swā mæg unfǣgeēaðe gedīgan wēan ond wræc-sīð,sē ðe Waldendes hyldo gehealdeþ.Hord-weard sōhte georne æfter grunde,wolde guman findan, þone þe him on sweofotesāre getēode; hāt ond hrēoh-mōd*hlǣw oft ymbehwearf ealne ūtan-weardne;ne ðǣr ǣnig mon on þǣm wēstenne.Hwæðre hilde gefeh, bea[du]-weorces; hwīlum on beorh æthwearf, sinc-fæt sōhte;hē þæt sōna onfand, ðæt hæfde gumena sumgoldes gefandod, hēah-gestrēona.Hord-weard onbād earfoðlīce,oð ðæt ǣfen cwōm; wæs ðā gebolgenbeorges hyrde, wolde se lāða līge forgyldan drinc-fæt dȳre.Þā wæs dæg sceacen wyrme on willan;nō on wealle leng bīdan wolde,ac mid bǣle fōr, fȳre gefȳsed.Wæs se fruma egeslīc lēodum on lande,swā hyt lungre wearð on hyra sinc-gifansāre geendod.

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6 pace with it in shrill, cluttering accents, negligent of his person, his dress, and his manner, intent only on his grand theme of —or pausing, perhaps, for want of breath and with lack-lustre eye to point out to the stranger a stone in the wall at the end of his garden (overarched by two beautiful cotton-trees) Inscribed to the Prince of Poets, which marks the house where Milton formerly lived. To shew how little the refinements of taste or fancy enter into our author's system, he proposed at one time to cut down these beautiful trees, to convert the garden where he had breathed the air of Truth and Heaven for near half a century into a paltry Chreistomathic School, and to make Milton's house (the cradle of Paradise Lost) a thoroughfare, like a three-stalled stable, for the idle rabble of Westminster to pass backwards and forwards to it with their cloven hoofs. Let us not, however, be getting on too fast—Milton himself taught school! There is something not altogether dissimilar between Mr. Bentham's appearance, and the portraits of Milton, the same silvery tone, a few dishevelled hairs, a peevish, yet puritanical expression, an irritable temperament corrected by habit and discipline. Or in modern times, he is something between Franklin and Charles

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Rh Fox, with the comfortable double-chin and sleek thriving look of the one, and the quivering lip, the restless eye, and animated acuteness of the other. His eye is quick and lively; but it glances not from object to object, but from thought to thought. He is evidently a man occupied with some train of fine and inward association. He regards the people about him no more than the flies of a summer. He meditates the coming age. He hears and sees only what suits his purpose, or some "foregone conclusion;" and looks out for facts and passing occurrences in order to put them into his logical machinery and grind them into the dust and powder of some subtle theory, as the miller looks out for grist to his mill! Add to this physiognomical sketch the minor points of costume, the open shirt-collar, the single-breasted coat, the old-fashioned half-boots and ribbed stockings; and you will find in Mr. Bentham's general appearance a singular mixture of boyish simplicity and of the venerableness of age. In a word, our celebrated jurist presents a striking illustration of the difference between the philosophical and the regal look; that is, between the merely abstracted and the merely personal. There is a lack-adaisical bonhommie about his whole aspect, none of the

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8 fierceness of pride or power; an unconscious neglect of his own person, instead of a stately assumption of superiority; a good-humoured, placid intelligence, instead of a lynx-eyed watchfulness, as if it wished to make others its prey, or was afraid they might turn and rend him; he is a beneficent spirit, prying into the universe, not lording it over it; a thoughtful spectator of the scenes of life, or ruminator on the fate of mankind, not a painted pageant, a stupid idol set up on its pedestal of pride for men to fall down and worship with idiot fear and wonder at the thing themselves have made, and which, without that fear and wonder, would in itself be nothing!

Mr. Bentham, perhaps, over-rates the importance of his own theories. He has been heard to say (without any appearance of pride or affectation) that "he should like to live the remaining years of his life, a year at a time at the end of the next six or eight centuries, to see the effect which his writings would by that time have had upon the world." Alas! his name will hardly live so long! Nor do we think, in point of fact, that Mr. Bentham has given any new or decided impulse to the human mind. He cannot be looked upon in the light of a discoverer in legislation or morals. He has

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§. 3. titutions of ucceive emperors) had grown to o great a bulk, or, as Livy exprees it, “,” that they were computed to be many camels’ load by an author who preceded Jutinian . This was in part remedied by the collections of three private lawyers, Gregorius, Hermogenes, and Papirius; and then by the emperor Theodoius the younger, by whoe orders a code was compiled, A. D. 438, being a methodical collection of all the imperial contitutions then in force: which Theodoian code was the only book of civil law received as authentic in the wetern part of Europe till many centuries after; and to this it is probable that the Franks and Goths might frequently pay ome regard, in framing legal contitutions for their newly erected kingdoms. For Jutinian commanded only in the eatern remains of the empire; and it was under his aupices, that the preent body of civil law was compiled and finihed by Tribonian and other lawyers, about the year 533.

conits of, 1. The intitutes, which contain the elements or firt principles of the Roman law, in four books. 2. The digets, or pandects, in fifty books, containing the opinions and writings of eminent lawyers, digeted in a ytematical method. 3. A new code, or collection of imperial contitutions, the lape of a whole century having rendered the former code, of Theodoius, imperfect. 4. The novels, or new contitutions, poterior in time to the other books, and amounting to a upplement to the code; containing new decrees of ucceive emperors, as new questions happened to arie. Thee form the body of Roman law, or, as publihed about the time of Jutinian: which however fell oon into neglect and oblivion, till about the year 1130, when a copy of the digets was found at Amalfi in Italy; which accident, concurring with the policy of the Romih eccleiatics , uddenly gave new vogue and authority to the civil law, introduced it into everal nations, and occaioned that Rh


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Rh not struck out any great leading principle or parent-truth, from which a number of others might be deduced; nor has he enriched the common and established stock of intelligence with original observations, like pearls thrown into wine. One truth discovered is immortal, and entitles its author to be so: for, like a new substance in nature, it cannot be destroyed. But Mr. Bentham's forte is arrangement; and the form of truth, though not its essence, varies with time and circumstance. He has methodised, collated, and condensed all the materials prepared to his hand, on the subjects of which he treats, in a masterly and scientific manner; but we should find a difficulty in adducing from his different works (however elaborate or closely reasoned) any new element of thought, or even a new fact or illustration. His writings are, therefore, chiefly valuable as books of reference, as bringing down the account of intellectual inquiry to the present period, and disposing the results in a compendious, connected, and tangible shape; but books of reference are chiefly serviceable for facilitating the acquisition of knowledge, and are constantly liable to be superseded and to grow out of fashion with its progress, as the scaffolding is thrown down as soon as the building is

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10. Mr. Bentham is not the first writer (by a great many) who has assumed the principle of as the foundation of just laws, and of all moral and political reasoning:—his merit is, that he has applied this principle more closely and literally; that he has brought all the objections and arguments, more distinctly labelled and ticketted, under this one head, and made a more constant and explicit reference to it at every step of his progress, than any other writer. Perhaps the weak side of his conclusions also is, that he has carried this single view of his subject too far, and not made sufficient allowance for the varieties of human nature, and the caprices and irregularities of the human will. "He has not allowed for the wind." It is not that you can be said to see his favourite doctrine of Utility glittering everywhere through his system, like a vein of rich, shining ore (that is not the nature of the material)—but it might be plausibly objected that he had struck the whole mass of fancy, prejudice, passion, sense, whim, with his petrific, leaden mace, that he had "bound volatile Hermes," and reduced the theory and practice of human life to a caput mortuum of reason, and dull, plodding, technical calculation. The gentleman is himself a capital logician; and he has

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Rh been led by this circumstance to consider man as a logical animal. We fear this view of the matter will hardly hold water. If we attend to the moral man, the constitution of his mind will scarcely be found to be built up of pure reason and a regard to consequences: if we consider the criminal man (with whom the legislator has chiefly to do) it will be found to be still less so.

Every pleasure, says Mr. Bentham, is equally a good, and is to be taken into the account as such in a moral estimate, whether it be the pleasure of sense or of conscience, whether it arise from the exercise of virtue or the perpetration of crime. We are afraid the human mind does not readily come into this doctrine, this ultima ratio philosophorum, interpreted according to the letter. Our moral sentiments are made up of sympathies and antipathies, of sense and imagination, of understanding and prejudice. The soul, by reason of its weakness, is an aggregating and an exclusive principle; it clings obstinately to some things, and violently rejects others. And it must do so, in a great measure, or it would act contrary to its own nature. It needs helps and stages in its progress, and "all appliances and means to boot," which can raise it to a partial conformity to

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12 truth and good (the utmost it is capable of) and bring it into a tolerable harmony with the universe. By aiming at too much, by dismissing collateral aids, by extending itself to the farthest verge of the conceivable and possible, it loses its elasticity and vigour, its impulse and its direction. The moralist can no more do without the intermediate use of rules and principles, without the 'vantage ground of habit, without the levers of the understanding, than the mechanist can discard the use of wheels and pulleys, and perform every thing by simple motion. If the mind of man were competent to comprehend the whole of truth and good, and act upon it at once, and independently of all other considerations, Mr. Bentham's plan would be a feasible one, and the truth, the whole truth, and nothing but the truth would be the best possible ground to place morality upon. But it is not so. In ascertaining the rules of moral conduct, we must have regard not merely to the nature of the object, but to the capacity of the agent, and to his fitness for apprehending or attaining it. Pleasure is that which is so in itself: good is that which approves itself as such on reflection, or the idea of which is a source of satisfaction. All pleasure is not, therefore (

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Rh speaking) equally a good; for all pleasure does not equally bear reflecting on. There are some tastes that are sweet in the mouth and bitter in the belly; and there is a similar contradiction and anomaly in the mind and heart of man. Again, what would become of the Posthæc meminisse juvabit of the poet, if a principle of fluctuation and reaction is not inherent in the very constitution of our nature, or if all moral truth is a mere literal truism? We are not, then, so much to inquire what certain things are abstractedly or in themselves, as how they affect the mind, and to approve or condemn them accordingly. The same object seen near strikes us more powerfully than at a distance: things thrown into masses give a greater blow to the imagination than when scattered and divided into their component parts. A number of mole-hills do not make a mountain, though a mountain is actually made up of atoms: so moral truth must present itself under a certain aspect and from a certain point of view, in order to produce its full and proper effect upon the mind. The laws of the affections are as necessary as those of optics. A calculation of consequences is no more equivalent to a sentiment, than a seriatim

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14 of square yards or feet touches, the fancy like the sight of the Alps or Andes!

To give an instance or two of what we mean. Those who on pure cosmopolite principles, or on the ground of abstract humanity affect an extraordinary regard for the Turks and Tartars, have been accused of neglecting their duties to their friends and next-door neighbours. "Well, then, what is the state of the question here? One human being is, no doubt, as much worth in himself, independently of the circumstances of time or place, as another; but he is not of so much value to us and our affections. Could our imagination take wing (with our speculative faculties) to the other side of the globe or to the ends of the universe, could our eyes behold whatever our reason teaches us to be possible, could our hands reach as far as our thoughts or wishes, we might then busy ourselves to advantage with the Hottentots, or hold intimate converse with the inhabitants of the Moon; but being as we are, our feelings evaporate in so large a space—we must draw the circle of our affections and duties somewhat closer—the heart hovers and fixes nearer home. It is true, the bands of private, or of local a d natural affection are often,

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Rh nay in general, too tightly strained, so as frequently to do harm instead of good: but the present question is whether we can, with safety and effect, be wholly emancipated from them? Whether we should shake them off at pleasure and without mercy, as the only bar to the triumph of truth and justice? Or whether benevolence, constructed upon a logical scale, would not be merely nominal, whether duty, raised to too lofty a pitch of refinement, might not sink into callous indifference or hollow selfishness? Again, is it not to exact too high a strain from humanity, to ask us to qualify the degree of abhorrence we feel against a murderer by taking into our cool consideration the pleasure he may have in committing the deed, and in the prospect of gratifying his avarice or his revenge? We are hardly so formed as to sympathise at the same moment with the assassin and his victim. The degree of pleasure the former may feel, instead of extenuating, aggravates his guilt, and shews the depth of his malignity. Now the mind revolts against this by mere natural antipathy, if it is itself well-disposed; or the slow process of reason would afford but a feeble resistance to violence and wrong. The will, which is necessary to give consistency and promptness to our good

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16, cannot extend so much candour and courtesy to the antagonist principle of evil: virtue, to be sincere and practical, cannot be divested entirely of the blindness and impetuosity of passion! It has been made a plea (half jest, half earnest) for the horrors of war, that they promote trade and manufactures. It has been said, as a set-off for the atrocities practised upon the negro slaves in the West Indies, that without their blood and sweat, so many millions of people could not have sugar to sweeten their tea. Fires and murders have been argued to be beneficial, as they serve to fill the newspapers, and for a subject to talk of—this is a sort of sophistry that it might be difficult to disprove on the bare scheme of contingent utility; but on the ground that we have stated, it must pass for a mere irony. What the proportion between the good and the evil will really be found in any of the supposed cases, may be a question to the understanding; but to the imagination and the heart, that is, to the natural feelings of mankind, it admits of none!

Mr. Bentham, in adjusting the provisions of a penal code, lays too little stress on the co-operation of the natural prejudices of mankind, and the habitual feelings of that class of persons for whom they are more particularly

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Rh designed. Legislators (we mean writers on legislation) are philosophers, and governed by their reason: criminals, for whose controulcontrol [sic] laws are made, are a set of desperadoes, governed only by their passions. What wonder that so little progress has been made towards a mutual understanding between the two parties! They are quite a different species, and speak a different language, and are sadly at a loss for a common interpreter between them. Perhaps the Ordinary of Newgate bids as fair for this office as any one. What should Mr. Bentham, sitting at ease in his arm-chair, composing his mind before he begins to write by a prelude on the organ, and looking out at a beautiful prospect when he is at a loss for an idea, know of the principles of action of rogues, outlaws, and vagabonds? No more than Montaigne of the motions of his cat! If sanguine and tender-hearted philanthropists have set on foot an inquiry into the barbarity and the defects of penal laws, the practical improvements have been mostly suggested by reformed cut-throats, turnkeys, and thief-takers. What even can the Honourable House, who when the Speaker has pronounced the well-known, wished-for sounds "That this house do now adjourn," retire, after voting a royal crusade

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18 or a loan of millions, to lie on down, and feed on plate in spacious palaces, know of what passes in the hearts of wretches in garrets and night-cellars, petty pilferers and marauders, who cut throats and pick pockets with their own hands? The thing is impossible. The laws of the country are, therefore, ineffectual and abortive, because they are made by the rich for the poor, by the wise for the ignorant, by the respectable and exalted in station for the very scum and refuse of the community. If Newgate would resolve itself into a committee of the whole Press-yard, with Jack Ketch at its head, aided by confidential persons from the county prisons or the Hulks, and would make a clear breast, some data might be found out to proceed upon; but as it is, the criminal mind of the country is a book sealed, no one has been able to penetrate to the inside! Mr. Bentham, in his attempts to revise and amend our criminal jurisprudence, proceeds entirely on his favourite principle of Utility. Convince highwaymen and house-breakers that it will be for their interest to reform, and they will reform and lead honest lives; according to Mr. Bentham. He says, "All men act from calculation, even madmen reason." And, in our opinion, he might as well carry this maxim

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Rh to Bedlam or St. Luke's, and apply it to the inhabitants, as think to coerce or overawe the inmates of a gaol, or those whose practices make them candidates for that distinction, by the mere dry, detailed convictions of the understanding. Criminals are not to be influenced by reason; for it is of the very essence of crime to disregard consequences both to ourselves and others. You may as well preach philosophy to a drunken man, or to the dead, as to those who are under the instigation of any mischievous passion. A man is a drunkard, and you tell him he ought to be sober; he is debauched, and you ask him to reform; he is idle, and you recommend industry to him as his wisest course; he gambles, and you remind him that he may be ruined by this foible; he has lost his character, and you advise him to get into some reputable service or lucrative situation; vice becomes a habit with him, and you request him to rouse himself and shake it off; he is starving, and you warn him that if he breaks the law, he will be hanged. None of this reasoning reaches the mark it aims at. The culprit, who violates and suffers the vengeance of the laws, is not the dupe of ignorance, but the slave of passion, the victim of habit or necessity. To argue with strong passion, with

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20 habit, with desperate circumstances, is to talk to the winds. Clownish ignorance may indeed be dispelled, and taught better; but it is seldom that a criminal is not aware of the consequences of his act, or has not made up his mind to the alternative. They are, in general, too knowing by half. You tell a person of this stamp what is his interest; he says he does not care about his interest, or the world and he differ on that particular. But there is one point on which he must agree with them, namely, what they think of his conduct, and that is the only hold you have of him. A man may be callous and indifferent to what happens to himself; but he is never indifferent to public opinion, or proof against open scorn and infamy. Shame, then, not fear, is the sheet-anchor of the law. He who is not afraid of being pointed at as a thief, will not mind a month's hard labour. He who is prepared to take the life of another, is already reckless of his own. But every one makes a sorry figure in the pillory; and the being launched from the New Drop lowers a man in his own opinion. The lawless and violent spirit, who is hurried by head-strong self-will to break the laws, does not like to have the ground of pride and obstinacy struck from under his feet. This is what gives

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Rh the swells of the metropolis such a dread of the tread-mill—it makes them ridiculous. It must be confessed, that this very circumstance renders the reform of criminals nearly hopeless. It is the apprehension of being stigmatized by public opinion, the fear of what will be thought and said of them, that deters men from the violation of the laws, while their character remains unimpeached; but honour once lost, all is lost. The man can never be himself again! A citizen is like a soldier, a part of a machine, who submits to certain hardships, privations, and dangers, not for his own ease, pleasure, profit, or even conscience, but—for shame. What is it that keeps the machine together in either case? Not punishment or discipline, but sympathy. The soldier mounts the breach or stands in the trenches, the peasant hedges and ditches, or the mechanic plies his ceaseless task, because the one will not be called a coward, the other a rogue: but let the one turn deserter and the other vagabond, and there is an end of him. The grinding law of necessity, which is no other than a name, a breath, loses its force; he is no longer sustained by the good opinion of others, and he drops out of his place in society, a useless clog! Mr. Bentham takes a culprit, and puts him into what he calls a

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82 mighty inundation of voluminous comments, with which this ytem of law, more than any other, is now loaded.

canon law is a body of Roman eccleiatical law, relative to uch matters as that church either has, or pretends to have, the proper juridiction over. This is compiled from the opinions of the antient Latin fathers, the decrees of general councils, the decretal epitles and bulles of the holy ee. All which lay in the ame diorder and confuion as the Roman civil law, till about the year 1151 one Gratian an Italian monk, animated by the dicovery of Jutinian’s pandects, reduced the eccleiatical contitutions alo into ome method in three books, which he entitled, but which are generally known by the name of. Thee reached as low as the time of pope Alexander. The ubequent papal decrees, to the pontificate of Gregory, were publihed in much the ame method under the aupices of that pope, about the year 1230, in five books entitled. A ixth book was added by Boniface, about the year 1298, which is called. The Clementine contitutions, or decrees of Clement, were in like manner authenticated in 1317 by his ucceor John ; who alo publihed twenty contitutions of his own, called the : all which in ome meaure anwer to the novels of the civil law. To thee have been ince added ome decrees of later popes in five books, called. And all thee together, Gratian’s decree, Gregory’s decretals, the ixth decretal, the Clementine contitutions, and the extravagants of John and his ucceors, form the , or body of the Roman canon law.

thee pontificial collections, which during the times of popery were received as authentic in this iland, as well as in other parts of chritendom, there is alo a kind of national canon law, compoed of legatine and provincial contitutions, and adapted only to the exigencies of this church and kingdom. The legatine contitutions were eccleiatical laws, enacted in national ynods, held


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§. 3. held under the cardinals Otho and Othobon, legates from pope Gregory and pope Clement, in the reign of king Henry III about the years 1220 and 1268. The provincial contitutions are principally the decrees of provincial ynods, held under divers arch-bihops of Canterbury, from Stephen Langton in the reign of Henry III to Henry Chichele in the reign of Henry IV; and adopted alo by the province of York in the reign of Henry VI. At the dawn of the reformation, in the reign of king Henry VIII, it was enacted in parliament that a review hould be had of the canon law; and, till uch review hould be made, all canons, contitutions, ordinances, and ynodals provincial, being then already made, and not repugnant to the law of the land or the king’s prerogative, hould till be ued and executed. And, as no uch review has yet been perfected, upon this tatute now depends the authority of the canon law in England.

for the canons enacted by the clergy under James I, in the year 1603, and never confirmed in parliament, it has been olemnly adjudged upon the principles of law and the contitution, that where they are not merely declaratory of the antient canon law, but are introductory of new regulations, they do not bind the laity ; whatever regard the clergy may think proper to pay them.

are four pecies of courts in which the civil and canon laws are permitted under different retrictions to be ued. 1. The courts of the arch-bihops and bihops and their derivative officers, uually called in our law courts chritian, , or the eccleiatical courts. 2. The military courts. 3. The courts of admiralty. 4. The courts of the two univerities. In all, their reception in general, and the different degrees of that reception, are grounded intirely upon cutom; corroborated in the latter intance by act of parliament, ratifying thoe charters which confirm the cutomary law of the univerities. The


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84 The more minute conideration of thee will fall properly under that part of thee commentaries which treats of the juridiction of courts. It will uffice at preent to remark a few particulars relative to them all, which may erve to inculcate more trongly the doctrine laid down concerning them.

1. , firt, the courts of common law have the uperintendency over thee courts; to keep them within their juridictions, to determine wherein they exceed them, to retrain and prohibit uch exces, and (in cae of contumacy) to punih the officer who executes, and in ome caes the judge who enforces, the entence o declared to be illegal.

2.  common law has reerved to itelf the expoition of all uch acts of parliament, as concern either the extent of thee courts or the matters depending before them. And therefore if thee courts either refue to allow thee acts of parliament, or will expound them in any other ene than what the common law puts upon them, the king’s courts at Wetminter will grant prohibitions to retrain and control them.

3.  appeal lies from all thee courts to the king, in the lat reort; which proves that the juridiction exercied in them is derived from the crown of England, and not from any foreign potentate, or intrinic authority of their own.—And, from thee three trong marks and enigns of uperiority, it appears beyond a doubt that the civil and canon laws, though admitted in ome caes by cutom in ome courts, are only ubordinate and ; and that, thus admitted, retrained, altered, new-modelled, and amended, they are by no means with us a ditinct independent pecies of laws, but are inferior branches of the cutomary or unwritten laws of England, properly called, the king’s eccleiatical, the king’s military, the king’s maritime, or the king’s academical, laws.


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