THE POLITICAL STATE OF THE BRITISH EMPIRE; CONTAINING A GENERAL VIEW OP THE DOMESTIC AND FOREIGN POSSESSIONS OF THE CROWN ; THE LAWS, COMMERCE, REVENUES, OFFICES, AND OTHER ESTABLISHMENTS, CIVIL AND MILITARY. By JOHN ADOLPHUS, Esq. BARRISTER AT LAW, F.S.A. AUTHOR OF " THE HISTORY OP ENGLAND, FROM THE ACCESSION OF KING GEORGE III. TO THE PEACE OF 1783." IN FOUR VOLUMES. VOL. III. LONDON: PRINTED FOR T. CADELL AND W. DAVIES, IN THE STRAND. 1818. printed by A. Sirahan, PKnters-Street, Londou. CONTENTS OF THE THIRD VOLUME. FIRST GENERAL DIVISION continued. Page Learning ; the Arts and Sciences . i Univerfities . . 5 Colleges - - 6 Halls . . ib. Vintors . - ib. Poffeffions - . . 7 Elections - . 8 Bribery - - ib. Founders' kin . . 9 Subscriptions and oaths - - n Printing - - H Other privileges - - ib. Oxford - - *5 Government - - ib. . Chancellor and other officers • ib. Colleges and Halls - . . 16 Univerfity College - - - ib. Baliol College - - 17 Merton College - - 18 Oriel College - - 20 Exeter College - - 21 Queen's College - - 22 New College - - 23 Lincoln College - - 24 , All-Souls' College - - - 26 Magdalen College - - - 27 Brazeri-Nofe College . - 29 Corpus Chrifti College \ - 3<> Chrift Church - ¦ - , 32 Trinity College - - 34 St. John's College ¦> - - 35 Jefus College - - 3d A 2 Wadham; iv CONTENTS. Page Wadham College - - - - - 37 Pembroke College - - - - 38 Worcefter College - - - - - 39 Hertford College • - -^ 1 - - - - 213 Concealment .... 214 Deviation ib. Abandonment - - - - -216 Exchange ..... 217 Arbitration of exchange .... 218 Balance of trade - - - - ib. Companies ------ 219 South Sea Company .... H, Whale Fifhery ----- 226 Ruffia Company - - ib. Eaftland Company - 230 Turkey Company - - - 231 Home vi CONTENTS. Page Home Trade - - - - - - 232 Wool - - - - - "a33 Cotton - - - - - - 241 Linen - '-'H - 248 Silk - - - - - - 254 Hats ------ 2$$ Leather ------ 256 Iron -..--. 259 Tin ----- . 268 Copper - - - - - - 276 Lead ...... 272 Glafs ...... 273 Earthenware - - . - - 274 Fifhery ...... 377 Society for Fifheries .... 280 Fairs and Markets .... 282 Conveyance - - - - - 283 Poft horfes and Stage coaches - 284 Carriers - .... 286 Highways and Bridges .... $m Canals and Railways .... H, An alphabetical enumeration of canals and railways in the United Kingdorn ... 299 Insurance - - - - - 368 Fire - - - - - - ib. Benefits ...... H,, Offices ...... 370 Eftimate of infurable property ... 374 Lives ...... 377 Trade in General - - - - - 380 Weights and Meafures .... #. Auctions ..... 38^ Apprentices - - - - - 386 Journeymen and Servants - - - - 390 Bills of exchange ..... 396 Bankrupts ..... ^06 The Metropolis - - - - - 431 Population of the Metropolis - - - 432 Charters of the City of London - - 436 Lord Mayor ..... ^7 Aldermen - - - - - 438 Sheriffs - - - Recorder - Chamberlain - - - - - ib The Common Serjeant .... ,¦£. Town Clerk ' - - - - 441 Coroner ------ jjj. Other officers - - - - - ib. Common Councilmen - 442 Wards - - - - . - ib. Companies ..... 44.5 Westminster ... . » 4^5 St. Martin's- 439 440 St. Martin's-le-Grand CONTENTS. vii Page Commercial Road The Monument Other Halls Prifons Tothilfields Fleet Prifon Marfhalfea Water Places of Amusement 458 Government of Weftminfter ... #. Officers ...... .gg SOUTHWARK ...... /£_ The River Thames -....;; London Bridge ..... jfi. Weftminfter Bridge .... 467 Blackfriars Bridge - - ». . 460 Docks - - - , - . . 470 Weft India Docks - - . - 47 1 The London Docks - - - - 472 Eaft India Docks .... /£, 473 f laces of worflup - . . - - ib. Public Edifices ..... aha St. Paul's , ib. Weftminfter Abbey .... 485 The Tower - - . - - 491 495 Temple Bar - - . ... 497 Charing Crofs - - - - ib. The Royal Exchange .... 408 Somerfet Houfe ..... ^gg Whitehall ..... jOI Guildhall ..... ro« Old Bailey j0j Clerkenwell ..... r0Q 507 Police ...... }[, 510 Newgate ...... ft Giltfpur-Street Compter - - . - 512 Poultry Compter - - - - - 5'5 Ludgate ...... ei* Borough Compter - - - - 518 Bridewell - - - - -5*9 522 Houfe of Correction .... ^24 King's Bench Prifon .... C25 529531 White-chapel ib. Surrey County Gaol - . - " 53Z -Building a£t J33 Engines. ...... tf. 534 Water Companies - - - - £35 537 The Theatres - - - - r 538 Drury Lane Theatre .... ^5 Covent Garden Theatre -> £48 ?5*["he Haymarket Theatre .... rja Th ii CONTENTS. Page The Opera Houfe .... 552 Other Theatres - ... 553 Vauxhall Gardens - ... 557 The Poor ...... 559 Poor Laws ..... 560 Parifhes ------ 563 Overfeers - - - - - 564 Rate - .... 568 Settlements .... 582 Overfeers' accounts - - - - 617 Appeals ... - - 618 Friendly Societies .... 625 Voluntary relief - - - - 627 Hofpitals -----. 629 St. Bartholomew's - - - - ib. Bethlem ------ 630 Saint Thomas's - - - - - 632 Other Hofpitals and charitable eftablifhments - 634 Alms-houfes ..... 650 GeBeral lift of other Alms-houfes ... 656 Charities for inftruftion .... 659 Aldgate School - - - - - ib. The Afylum - ... ib. School for the Indigent Blind - - 660 The Blue Coat School - - - - 661 The Green Coat Hofpital - - - ib. The Grey Coat Hofpital ... 662 Corporation for Relief of Poor Widows and Chil dren of Clergymen - - ib. Sons of the Clergy ... 663 The Widows and Children of Clergymen in the Diocefe of London - - - ib. Afylum for the Deaf and Dumb ... 664 The Foundling Hofpital - - - - ib. The Mafonic Charity .... 670 The Freemafon's Charity for Female Children - - 671 The Offertory School .... ib. The Benevolent Society of St. Patrick - - 672 The Philanthropic Society - - ib. The Philological Society .... 673 Raine's Charities ----- 674 Sunday School Society - - - - ib. Welfh School ..... 675 Miscellaneous Charities - - - 676 Other Charities - - - - 677 POLITICAL STATE OF THE BRITISH EMPIRE. LEARNING; THE ARTS AND SCIENCES. AMONG the inftitutions of civilized, man, none are more ¦*-*- deferving of confederation, than thofe which prevent the decay of knowledge by extending the fphere of human acquire ments, -and facilitating thcdifclofure, to future generations, of the learning pofleffed by the prefent. Great, Britain, among her numerous claims tadifthiguifbed rank,, amidrthe nations of the world, cites none with mbre.pride and confidence than thofe which are derived from the excellence' of her. writers in almoft every department of literature, aodkkher able proficients in evesry branch of the -aits-.. The defire of literary excellence is not re cent or tranfitory; in all-ages, and with very' few intervals, has learning been eagerly purfued. The univerfities of England are the moft ancient in Europe, and a-lmoft' every period of. Britifh hiftoryis adorned with the name of foine writer of fterling worth, and eminent celebrity ; and .although the Englifh idiom is much changedyrthe ability of authors, even in the earlieft times, is ftill confpieuous." ".Numerous manufcripts exift," Mr. Pinkerton obferves, ." written in the, Anglo-Saxon, or Old Englifh language, and one .of its nioft clafiic -authors, is the great Alfred himfelf. It appears from many works, written long after the conqu.efl:, that the French language, though col loquial among the great, fcarcely imparted, any tinge. to, the national tongue. -The conquefts of Edward. III. in France, and other circiimflasces : hot ptoper to- be-here, difcufledj ef fected, in the fourteenth fcentury,. a, change in vain attempted by the Norman conqueror. Chaucer* who wrote in that period,, prefentsialmoft the firffi nlde. dawn of. what mayibe termed the J. Vol. III. B Englifh a LEARNING? Englifh language. In the fame century, that enterprifing traveller, Sir John Mandeville, fupplies one of the firft fpeci- mens of Englifh profe : as he was_a man of fome fcience, for that time, has interfperfed feveral words of Latin origin, and his book was much adapted to public curiofity, he may with fome juftice be regarded in the new light of a father of the Englifh language. Gower, the poet, rather preceded Chaucer ; and ferves to evince, that Chaucer did not introduce any innovations, but,, as may well be fuppofed, wrote in the language of his ¦ time. ( '( In the fucceeding century, the fpeech had made fuch rapid advances, that even as early as the reign of Henry VI. we find it vary very little from that of Henry VIII. There are papers preferved by Rymer and others, written in the reign of Henry VI. and compofed with a force and precifion which may appear furprifing. The works of Fortefcue, in the following reign of Edward lVt. are not only dictated by excellent fenfe ; but, fet- ¦ting afide the orthography, might even be perufed by the com mon reader*. " In the reign of Elizabeth, a century after, the Englifh lan guage had acquired fuch copicufnefs, dignity, force, and melody, that, perhaps* in the eye of very diftant pofterity, moderns may be fuppofed never to have exceeded ; what is gained in elegance, being generally loft in power. Sidney's Defence of Poefy, may be regarded as a good ipecimen of Englifh profe ; not to mention Hooker's Ecclefiaftical Polity, and other large works of that period, which continued to be read and admired. The common tranflation of the Bible, is a noble fpecimen of the dignified profe of the following reign ; beyond which it is unneceflary to conduct this fketch, as our libraries abound with the fucceeding publications." " Englifh, literature," he proceeds, " is a vaft and inviting theme. Of the traditionary verfesW the Druids, no relic pro bably exifts ; and the Roman conqueft does not appear to have inculcated letters with much diffufion, for while we have claf- fical writers of almoft every other European kingdom fubdued by that great nation, of France, Spain, and even of Africa ; no author of thofe periods claims a Britifh origin. The country was feiz-ed by the Saxons, before Britifh literature faintly dawned in Gildas, A. D. 560. Irifh literature commences about the fame period, and continued for fome centuries, to fupply numerous writers in the Latin language, while England re mained almoft deftitute. But Bede, in the eighth century, re deemed this defect, in himfelf a hoft,'nnd, like Chaucer, the wonder of his time. The Danifh invaGons were ruinous to literature, both in Great Britain and Ireland, and the great Alfred THE ARTS AND SCIENCES. s Alfrdd was obliged to exert his utmoft endeavours, in order to teftore fome degree of learning, even among the clergy. That admirable prince did not afpice to Latin compofition, but tranf- Jated fome works of merit and utility ; as the hiftories of Orofius and Bede, into the Anglo-Saxon. Aflerius is, perhaps, the only Latin writer, who can be named between the age of Bede and the year 1 1 oo, if we except a few lives of Saints : but the Saxon Chronicle is a noble and neglected monument of this in terval, which being the only civil' hiftory of England, fdr a fpace of four hundred years, ought to be carefully collated with all the manufcrifjts, and publifbed with all the fplendour of ty pography. About the year uoo, Englifh literature commences a firm and fteady pace. A numerous train of hiftorians, poets, and other writers, fills the pages of Biography. In the four teenth century, Roger Bacon afpires even to the praife of eminent genius. In the following century, the civil wars be tween the houfes of York and Lancafter were de'trudtive of literature and the arts ; nor will it be eafy to name, an illuftrious author of that period ; but the introduction of printing, in the reign of Edward IV. forms a memorable epoch. The writers of the fixteenth, and following centuries, are numerous and well known. *' On a comparative view of European literature, it may be ob- ferved, that the Italians, its firft reftorers, excel in poetry, hif tory, and other departments of the Belles Lettres ; but about the year 1600, their tafte began to decline, and a mental ef feminacy arofe, which is confpicuous in their fantaftic focieties and academies, and in the extravagant flatteries which every writer thought due in politenefs to another ; the term illuftrious becoming as familiar as that of Signior and Madama, a wafte of literary fame which rendered it of no value. The French even originally excelled in romance and light poetry, and that pleaf- ing and minute fpecies of biography, called memoirs ; they have produced few works of original genius, but yield to no nation in fcientific productions, and in literary difquifitions, written with good fenfe, precifion, and accuracy. Spanifh literature forms a vaft treafure, little known to other nations j and fcarcely any department can be named, in which excellent writers do not appear. The native German, Danifh, and Swedifh litera ture, is but of recent celebrity. To complete the fole intention of this parallel, the grand feature of Englifh literature is ori ginal genius, tranfmitted even from Roger Bacon, to our Shakfpeares, Miltons, Newtons, and Lockes ; not to dwell here on claims more minute,- but equally firm. In the fcientific departments, England mult yield to France, except in the va rious branches of mathematical knowledge, the inftitution of B2 the 4 LEARNING; the Royal Society? and the genius of Newton, having attracted the greateft talents within their, fphere, to the neglect of other departments of curious inveftigation. The Englifh clergy, who far exceed in learning any 'other body of that defcription in Europe, have always cultivated claflical literature, with diftin- guifhed zeal and predeliction; " An old writer obferves, that, during the civil war under Charles I. there were " more good, and more bad books, «' printed ^nd publifhed in the Englifh tongue, that in all the " vulgar- languages in Europe." ¦ Perhaps Germany may now exceed our literary efforts ; yet morenovels are fuppofed to be publifhed in England in one month, than in all the reft of Europe in a year. Our literary journals, in which we may alfo claim a great degree of excellence, may indicate to foreigners, the vaft extent of modern Englifh literature. " The prefent ftate of the arts in England, is worthy of fo opulent aiid refined a country, and the progrefs has been rapid beyond example. The late Horace Walpole, Earl of Orford, has delineated, from the papers of the induftrious Vertue, a pleaf- injj^and animated picture of the hiftory of the arts in this country. Some faint traces of painting occur in the thirteenth century •, but the names and country of the artifts do not ap pear, except that of William of Florence, where the art had faintly begun to revive. In thereign of Edward I. the magnificent caftles built in Wales atteft the genius and fkill of the architects, while their individual fame is loft in obfcurity : ' and towards the end of the fourteenth century, rich monuments of architecture and fculpture are interfperfed with fome few remains of painting. The Mifials in particular, and other manufcripts, begin to be illu minated or adorned. with miniature paintings of great luftre ; and as the Gothic architecture is by fome Conceived to have originat ed from the fhrines forrelics, fothe larger paintings feem mere amplifications of the manufcript miniatures. But while the neighbouring Flanders began to difplay many native names, England continued," till the Iaft century, to import her chief painters from abroad, as Holbein,, Antonio More, .Zucchero, Janfon, Mytens, Rubens, Vandyke, Lely, Knel- Jer, &c. &c. Yet in miniature and.engravingj there were ¦ excellent. native artifts in the feventeeiith century ; and in the . beginning of that century, an eminent native architect, .Inigo Jrones. In the' beginning, .of the eighteenth century, even the noble architecture of Saint Paul's, did not redeem the other .arts from great decline, till HogartLinftituted examples of ethic : and characteriftic painting, which'dhaye , defervedly excited the admiration of Europe. His fame/as anartift has b.een.ealipfed'hy : his jnventixe genius, but. his pictures bf;;Marriage a. la' Mode, t , 7'-. and THE ARTS AND SCIENCES. s. and many others are finifhedwith a, care, minutenefs, and.har-, mony, worthy of an eminent Dutch mailer. The prefent, reign has not only been diftingu.ifhed by patronage of the arts,* but been fortunate in exuberance of artifts' of >deferved repu tation. To enumerate the liying might be invidious, aroccafion. fufpicion of partiality y but. arnong the deceafed may be named, Sir Jofhua Reynolds, eminent in hiftory and;,portrait, and by his fcientific difquifition on the art; Gainftarqugji/and Wilfon; in landfcape, and many more. Though, in the feventeentji century, Fairthorne, and one or two others, fhewed great fkill and fpirit in engraving on copper, yet our chief artifts, even in the eighteenth century, were French, till- the national fame was raifed by Strange, Woollett,..Worlidge, and others, who have1 been fucceeded by fuch a number of excellent artifts in this. department, that England excels every country, and the prints executed in London attract univerfal admiration and imitation," Architecture and fculpture.now alfo boaft of many, diftinguifh-; ed native names ; but in muficjwe ftill revere the fuperior fkill. of the Germans and Italians, though our .matters-far excel thofe; of any other country, and France in particular, where however, the horrible difcords fafhionable for two hundred years, begin at. length to yield to the German and Italian tafte." . , . ,, Universities. In defcribing the.e/tabiifhments for in- ftructien, it is conn'de,ied,,expe|iient!>to begin. , with the uni verfities. „__¦¦ ,, , -,; ,„• ^u. ¦¦ • Univerftty is the name of a corporation formed, for the edu cation of youth in the liberal arts and fcience§, and au^horifed to admit fuch as have ftudied in it, to certain degrees in different faculties, which not oniy ferve as^certifje^tes^ of proficiency in fcience, but alfo confer on thofe who obtain theniconfiderabje ' privilegqs^ithin the univerftty, as w§y bas fome rank in the- ftate without it.; jUniverfities generally bufnot always compre hend within them one or .more colleges. _ , u In eyerjr univerfi ty , there are four f acujties : Theology ; Latu ,- Phyfifi ; and the Arts and Sfien.ces ,• comprehending mathematics,^ natural and moral philpfophy, &c; and in Qfijjord, Cambridge, and fome other univerfities, muftc is copfidered as a fifth faculty. In each of thofe there, are two degrees,, ,fhofe of Bachelor and Doblor ,- for .though in , the univerfities, of Great Britain and Ireland there is. no fuch degree as doctor in arts ( and fcienc.es, mafter of arts, Eynfwet'S;, to the degree of do$jp,r ,ih philofophy, which is conferred by many of. the univerfi t^'s^n' $he,.Cpn-(t tinent. ,, -.f- ,„. ,j, , Tii ,:r- ; Univerfities in their pfefent form, an4n with their prefent, privileges, are inftitutions. comparatively madern, They fpijang- frQm,t#e convents of regular clergy, or fronvthe chapters , of « . - B 3 j cathedftls" 6 LEARNING ; cathedrals in the church of Rome, where young men were edu cated for holy orders, in that dark period when the clergy pof- fefled all the erudition which was left in Europe. They have long been confidered as lay corporations ; but as a proof that they had ecelefiaftical origin, it will be fufficient to obferve, that the pope arrogated to himfelf the right of veiling them with all their privileges ; and that, prior to the reformation, every univerfity in Europe conferred its degrees in all the fa culties by authority derived from a papal bull. To the univerfities of England belong feveral privileges: fome have already, been noticed, as that of returning members to parliament, and of holding courts for the decifion of caufes in which members of their body are interefted ; and fome others will be noticed below. Colleges. The term College, in its moft extended fenfe, fignifies an aflemblage of bodies, or focieties, or of individuals into one fociety. In this fenfe it is ufed on the Continent; when a college of electors, princes, or cities is fpoken of ; and in England, when mention is made of the college of civilians, phyGcians,'or heralds. In the more limited ufe of the term, it implies a public place, endowed with revenues, where the feveral parts of learning, divine and human, are taught in fchools, halls, or claffes appointed for that purpofe. Halls. In the univerfities of England are halls as well at colleges ; the halls are academical houfes not incorporated nor endowed, although they have had confiderable benefactions, which are difpenfed to the ftudents in exhibitions which they enjoy for a flared time. Visitors. Colleges being, as already mentioned, corporations, are by the general rule affecting fuch bodies liable to be vifited. For corporations, being Jcompofed of individuals, fubject to hu man frailties, are liable, as well as private perfons, to deviate from the end of their inftitution; and for that reafon the law has provided proper perfons to vifit, inquire into, and corredt all irregularities that arife in fuch corporations, either fole or aggregate, and whether ecelefiaftical, civil, or eleemofynary. With regard to ail' ecelefiaftical corporations, the ordinary is their vifitpr, to conftituted by the canon law, and from thence derived to us*. The pope formerly, and now the king, as fu- preme ordinary, is the vifitor of the archbifhop or the metropo litan; the metropolitan has the charge and coercion of all his fuffraganvbifiiops > and the bifhops, in their feveral diocefes, are, in ecelefiaftical matters, the vifitors of all deans and chapters, pf all parfpns; and vicars, and of all other fpiritual corporations. With refpect to all lay corporations, the founder, his heirs ot srffigns, are the vifitors, whether the foundation be civil or elee mofynary ; THE ARTS AND SCIENCES. f Ifiofynary ? for in a lay incorporation^ the ordinary neither can n6r ought to vifit. The colleges in the univerfities (whatever the common law may now, or might formerly, judge) were certainly considered by the popifh clergy, under whofe direction they were, as ecelefiaftical, or, at leaft, as clerical corporations ; and, therefore, the right of vifitation was claimed by the ordi nary of the diocefe. This is evident, becaufe in many of our molt ancient colleges, where the founder had a mind to fubject them to a vifitor of his own nomination, he obtained for that purpofe a papal bull to exempt them from the jurifdiction of the ordinary ; feveral of which are ftill preferved in the archives of the refpe£tive focieties ; and in fome colleges in the univerfity of Oxford, where no fpecial vifitor is appointed, the bifhop of that diocefe, in which Oxford was formerly comprifed, has im* memoriallyexercifed vifitatorial authority; which can be afcribed to nothing elfe, but his fuppofed title, as ordinary,* to vifit this, among other ecelefiaftical foundations. And it is not im po llible, that the number of colleges in Cambridge, which are vifited by the bifhop of Ely, may in part be derived from the fame original. But, whatever might be formerly the opinion of the clergy, it is now held as eftablifhed common law, that colleges are lay corporations, though fometimes totally compofed of ecelefiaftical perfons ; and that the right of vifitation does not arife from any principles of the canon law, but of neceflity was created by the common law. Possessions. By the 7th and 8th Will. c. 37. the king may grant to colleges, as well as to other corporations and individuals, licence to alien, and to purchafe in mortmain. The 9 Geo. II. c. 3^. which reftrains alienations in mortmain, alfo declares that its provifions fhall not extend to make void the difpofitipns of any lands, tenements, or hereditaments, which fhall be made in other manner and form than in the act is directed, to or in truft for either of the two univerfities, or any of the colleges, or houfes of learning within the fame ; or the colleges of Eton, Winchefter,JQr Weftminfter, for better fupport and maintenance of the fcholaf& upon the foundations, provided that no fuch college or houfe of learning, which fhall hold or enjoy' fo many advowfons of ecelefiaftical benefices, as fhall be equal in number to one moietyof the fellows or perfons ufually ftyledor reputed as fellows, fhall be capable of purchafing or holding any other advowfons of ecelefiaftical benefices byany meanswhatfoeveri the advowfons annexed to, or given fpr the benefit or better fupport of the heads of any of the faid colleges or houfes of learning, not being computed in the number. By the i^EIiz. c. 10. all college leafes, other than for the term of twenty-one years, or three lives, fhall be void. Provided that this fhall not extend B4 to 8 -- .LEARNING; . . . ¦ '-'-^j - to make good any leajefor more years than are limjte^ by tjje private ftatutes of the college. 'And by the;i8 Eliz/c. 6. in all college leafes one third part of the rent ftiaU be referved and paid in corn. '- " ' . .. . Elections. By the common law, all affents, elections, and grants, made with the' affent of the major part of the fellows or brethren of fuch corporation, were as -effectual as if the, whole number had affented ; but feveral founders of fuch corporations have, aniongft other local 'ftatutes, eft'ablifhed, that if any one of the corporation fhould deny any fuch' grant, then.no fuch election of grant fhould be made ; and for performance of the fame every perfoii having^ power of affent wa,s fworn. But this practice leing found replete with diforder' and inconvenience, the 33 Henry VIII. c. 17." enacted, that every 'ftatute made by any fuch founder,' whereby the grant or election of the gpve'rnor or ruler, with the affent 'of' "the rrioft part of fuch corporation, fhould be in any" wife' hindered by any one "or more, being the leffer number, • contrary to the coiirfe of the, common law, fhall be void; and' none fhall be compelled to take an oath for the obfervirig of any fucli ftatute, on, pain of every perfon giving fuch oath to, forfeit* 5/. half to the .king, and half to him that fhall fue in any of the king's courts of record. But fuch major part' are 'to attend in perfon, and to be prefent together, at the executing' of fuch act ; and the affent mull be given by each member fingly,' and not in a confufed and uncertain manner ; and this muft be when they are regularly affembled in one cer tain place, and not' a confent given t>y the members in feveral places and at feveral times. ' Bribery. For prevention of corruption at elections into colleges, churches collegiate, churches cathedral, fchopls,' hqf- pit-als', halls and .other like focieties, the 13 Eliz. c.'oVenacts, thfet if any perfon who has election, prefentation, or nomination, Or voice or affent, in the choice, election', prefentation, or nomina tion,' of any fellow, fcholar, or any other perfon, to have room or place1 in any of the faid colleges, fchools, &c. fhall receive or take any mone,yr,c fee, reward, or any other profit, directly or indirectly, or any promife, Agreement, covenant, bond or other affurahce, either to himfelf or any of his friends, for his voice, affent, or confent,' in fuch election, then and from thenceforth the place, room, or office of fuch perfon fo offending fhall be void, as if he was naturally dead. And if any fellow, officer, or fcholar, fhall dirgctly or indirectly receive, or by any device or means, -contract 'or agree, to have or receive, any money, reward, or profit jwhatfqever, for the leaving, or refigning up his room or place, for any other to be placed in thp fame^; he fhall forfeit and lofe double the fum of money j or value of the bribe 1 THE ARTS AND; SCIENCES. ,9 bribe ; and every perfon by whom,, or for whom, .it.is given or agreed to be paid, fh%ll be incapable of Jthat place or room for that time or turn. And the ftatute, is to be read .at every elec tion. .Founders Kin., Several founders have, in their, ftatutes for the government of colleges, given a certain degree of preference, in the election of fcholars or others; to thofe of their own blood ; concerning which there has been much- difpute. It is contended on one fide, that by length of time, all relation of kindred mull neceffarily wear out ; on the otjier, that this cognation ftill fub- fifts, and may .fubfift. indefinitely. . . In the cafe of Winchefter College, and of New College in Oxford, both which were founded by William of Wykeham, an inconvenience arifing about two .hundred years after the foundation, from the growing number of founders kinfmen, the college of .Winchefter, rejected a claimant. ; The claimant's father thereupon applied (as the. manner then was) to the court of chancery, and. not to., the vifitor, for relief; and after a folemn hearing, .30 Jan. 22 Eliz. 15J9, it was recommended -by .the. Lord Keeper. ^Bromley* and affented to on ajl fides, for the difficulty of judgment to be given, and it was fo decreed, that .the plaintiff's ;iffue, for, fpur, defcents, fhould be ad mitted as ^"they were, founder's kinfmen, and that he fhould renounce alj further; claim to the bipod of. the founder.; which renunciation was made accordingly. , , , ., ;. About ten, years afterwards, the fathers of .two other rejected candidates applied, to the fame tribunal fpr fimilar relief. Where upon the Lord Chancellor, Hatton, " gravely confidering that the « publick benefit of the, realm .fpr the education of fcholars, in (C; learning, (chiefly intended by the founder) _ would greatly he " hindered,, if every of tjie children of the faid complainants «« (allowing them to be, of ,the undoubted blood of the founder) « fhould be admitted into the fa^dV colleges, being many ia " number, and in, a fhqrt ,,t jrne.'likely to fpread and grow into " more generations, fufficient of tilemfelves to fill the number, " of both colleges,", .referred the .whole, to Bifhop Cooper, who thpn fat in the. fee of Winchefter, ., and, as fuch, was, the vifitor of both focieties. The bifhopj .haying duly confidered the cafe, in order to fhew.a gratefuVremembrance of fp worthy a work as the founding of ,two collages^ d,ee lares himfelf willing to pay a regard to fuch as even feem to, be of the founder's blood, " fo " that the, fame ' tend not to .the _ annoying, difturbance, or " prejudice, of the faid. fpuncjatlony which the founder un- " doubtedly meant to make for :the publick benefit of the whole " realm, and notto be appropriated, and made peculiar to one " only kindred and family." He then ftates. thg yaft increafe of > claimants, » LEARNING; claimants, whereby* he obfervcs, " that if it be not in wifdoffl *« forefeen, tfrenumber of fcholars in both colleges is like to be ** fully fuppKed by fuch reputed kinfmen, be they apt or not apt *c to be brought up in learning ; fo that the publick benefit in- «* tended by the founder would he fruftrated." He afterwards remarks (what is equally true of every other ancient college), that the revenues of the fociety had been much augmented by other benefactors, ftrangers to the founder's blood, who could never intend to confine their bounty within fuch a partial chan nel. " In confideration whereof, and for avoiding fuch incon- " veniences as might come, if one blood and kindred fhould " have both colleges in their pofieffion and regimen," he de clares the founder's intention to have been, that the education of fcholars fhould more largely extend than to his own kindred, and yet that fome convenient regard fhould be paid to thofe of his undoubted blood : and, therefore, the bifhop directs, that there fhall not be at one time above the number of eighteen re puted kinfmeh in the two colleges, (which confift in the whole of 140 fcholars,) to wit, eight in New College, and ten in that of Winchefter ; and that not above two fhall be admitted at any one election into either college. At the diftance of near fifty years, this matter was again reconfidered on a petition (as it feems) to the king in perfon. For there is extant an order, dated the 31ft Jart. 1637, made by the archbifhop of Canterbury, the earl of Arundel and Surrey, earl-marfhal, and the bifhop of Winchefter, to whom it was referred by the king to confider of the claim of another Wyke- ham. This they determine to be groundlefs ; founding their opinion on the decree of the 30th of January, 1579 ; and alfo on the great inconvenience that would follow, if the " founder's «' confanguinity fhould be fo exceedingly multiplied, as it would " be to the abfolute reftraint of the freedom of elections, if " fuch claims were admitted." In the year 1651, during Cromwell's ufurpation, the fame queftion was brought before the committee of the Houfe of Commons, for regulation of the two univerfities, and the colleges of Eton and Winchefter, probably with a view to re-eftablifh the unlimited preference of kindred ; but all they could obtain was an order for augmenting the number of eighteen kinfmen, eftablifhed by bifhop Cooper, to twenty in both focieties ; with a provifo, that if more than twenty had already crept in, no more fhould be admitted till the number was reduced to twenty. Neverthelefs, at this day, it muft be acknowledged, by what soever means it has happened, that though the annual reftriction ef two in the faid colleges continues in ufe, yet the total reftriction of eighteen or twenty has fallen into oblivion. And THE ARTS AND SCIENCES. ti And as the limitation of number in the faid colleges has been attempted, fo in that of All Souls in the fame univerfity, founded by Archbifhop Chichele, it has been endeavoured to obtain a limitation in the degrees, for the reafons above expreffed ; but in the cafes that have been determined by the feveral vifitors, no certain boundary has been yet eftablifhed ; the fame having been adjudged on the particular circumftauces of each Cafe. So that it feems ftill to remain a matter of great doubt. For, as on the one hand, it could never be the founder's intention to fill the college wholly with his own kindred ; fo, on the other, as he himferf has been filent in that refpect, it is difficult to fay, at what precife period his particular regard for his own family and relations, however diftant, fhall entirely ceafe. A limitation. in point of number feems to be moft appofite, as was directed by Bifhop Cooper in the cafe of Wykeham's foundations, in fome kind of proportion to what may be fuppofed, or from the regifters of the refpective colleges may appear to have been in the founder's days, or within an age or two afterwards; tforfo the founder's whole inftitution will take effect : that is, far the greater part of the fociety will confift of perfons elected out of the public at large, or otherwife, according to the reftrictions of the refpective foundations : and, at the fame time, a reafonablc regard will be had to thofe who can prove themfelves of the founder's kindred ; although it muft be owned, at this day, that the proportion is fcarcely fo much, as of one drop of blood to the whole mafs. There is in human nature a defire of immortality, which ex pands itfelf without limitation even in this life. Every man wifhes to live in his pofterity, and to tranfmit his inheritance to them at whatever diftance. And thofe pofterity, on the other hand, glory in deriving their pedigree through a long feries of anccftors, and the higher they can afcend, the more honourable it is e deemed. Subscriptions and Oaths. By the 13 and 14 Chas. II. c. 4. and the 1 Will. fefs. 1. c. 8. all mailers, and other heads, fellows, chaplains, tutors, of or in any college, hall, houfe of learning, or hofpital, and every public profeffor and reader in either of the univerfities, and in every college elfewhere, who fhall be incumbent or have poffeffiori of any mafterfhip, headfhip, fellowfhip, profeflbr's place, or reader's place, fhall, at or before his admiflion, fubfcribe the declaration or acknowledgment following, before the vice chancellor or Iris deputy ; U\A. B. u do declare, that I will conform to the liturgy of the church of " England, as it is now by the law eftablifhed ;" upon pain of Iofihg and forfeiting his mafterfhip, fellowfhip, or place, and being utterly difabled, and ipfofaBo deprived of the fame, which ' fhall 13 LEARNING;- fhall be vc-id, as if fuch perfon were naturally dead. But by the 2 Geo. II. c. 31. perfons who had omitted to fubfcribe were indemnified, provided they fhould then fubfcribe before Dec. 25, 1729. By the aforefaid ftatute of Chas.II. every governor or head of any of the faid colleges, or halls fhall, within one month next after his election or collation and ad- miflion, openly and publickly in the church, chapel, or other publfck place of the college or hall, and in the prefence of the fellows and fcholars, or the greater part of them, then refident, fubfcribe unto the thirty-nine articles of religion, mentioned in the ftatute of the 13 Eliz. c. 12. and' to the -book of common prayer, and declare his unfeigned affent and con fent unto, and approbation of the faid .articles, and of the fame book, and to the ufe of all the prayers, rites, and ceremonies, forms and orders, in the faid book prefcribed and contained, according to a prefcribed for-m. And all fuch governors or heads of the faid colleges and halls, or any of them, as fhall be in holy orders, fhall, .once at leaft in every quarter of the year, (not having a lawful impediment,) openly, and publickly read the morning prayer and, fervice, in and by the faid book appointed to be read, in the church, chapel, or other publick place of the fame college or hall> upon pain to lofe and be fuf- pended from all the benefits and profits belonging to their fituation, for the fpace of fix months, by the vifitor df the col lege or Jiall ; and if r any governor or head of any college or hall, fufpended for not fubfcribing unto the faid articles and book, or for not reading the morning prayer and fervice, as aforefaid, fhall not, at or before the end of fix months next after fuch fufpenfion, fubfcribe unto the faid articles and book, and declare his confent thereto, as aforefaid, then fuch govern ment or headfhip fhall be ipfofaElo void. By 1 Geo. I. ft. 2. c. 13. all heads and members of col leges, being of the foundation, or having any exhibition, of eighteen years of age ; and all .perfons teaching pupils ; and all perfons in general admitted to any office in any fuch college, ecelefiaftical, or civil, fhall (within fix months after their ad- miflion, 9G. II. c. 26.) take and fubfcribe the oaths of alle giance, fupremacy, and abjuration, in one of the courts at Weftminfter, or at the general or quarter feffions of the peace, on pain of being difabled to fue or ufe any action ; or to be guardian, executor, or adminiftrator ; or capable of any legacy - or deed of gift ; or to be in, any office ; or to vote at any election for members of parliament ; and to forfeit 500/. to him who fhall fue. And if any fuch head or member, being- of the foundation, or having any exhibition, of eighteen years of age, fhall neglect or refufe to take and fubfcribe the fame, or to produce THE ARTS AND SCIENCES. 13 produce a certificate thereof under the hand of fome proper officer of the refpective court, and caufe the fame to be entered within one month in the regifter of fuch college or hall ; and if the perfons in whom the right of election fhall be, fhall ne glect or refufe to elect another for the fpace of twelve months, the king fhall nominate to fuch place vacant ; and if the perfon lawfully authprifed to admit, fhall neglect or refufe to admit fuch perfon fo nominated by the king, for the fpace of ten days, the local vifitor fhall admit him within one month ; and if he fhall refufe, the king's bench may compel him by mandamus. And if it is a civil office (not eccleftajlical) they fhall, more over, by the 35th Chas. II. c. 2. on the like' penalty, within three months after their admiflion,- receive the facrament in fome public church, on the Lord's day,. immediately after divine fervice and fermon ; and, in the court where they take the oath's, fhall firft deliver a certificate of fuch their receiving, under" the hands of the minifter and church warden; andfhallthien make proof of the truth thereof by' two witneffes ; and fhall, ^alfo, when they take the faid oaths, make and fubfcribe- the declara tion againft tranfubftantiation. - ' But there is an indemnifying claufe in fome act of parliament, every two or three years, provided they comply within a time therein limited. ' . By the -ftatete -.1 3 and 14 Chas. II. c. 4. already referred to, no form or order of common prayers, adminiftration of facfa- ments,- rites or ceremonies, '. fhall be openly ufed in any church, chapel, or other publick place of or in any college or hall in either of the univerfities, the colleges of Weftminfter, Win chefter, or Eton, or any of them, other than what is pre fcribed or alppointed-to. be ufed in and by the book of common prayer : — Provided,- that' it fhall be lawful to ufe' the morning and evening prayer, and all other prayers and fervice prefcribed in and by the faid book, in the' chapels or other publick places of the refpective colleges and halls in both the univerfities, in 'the xolleges pf ..Weftminfter, Winchefter, and" Eton, . and in .the convocations of theclergy:of either province*," in Latin (it r is not faid, of what tranflation). And by the fame ftatute, at all times when any fermon or ledture is to be preaehed, the common prayers and fervice, in (and by the.) book of common prayer appointed to be read for that time of the day, fhall be - openly,, publickly, and folemnly read, by fome.prifift or deacon^': in the church,, chapel, or place of publick worfhip, where the faid1 fermpn or lecture is to be pleached, before fuch fermon, or lecture be^preached ; and that the lecturer there to preach fhall he prefent at the reading there of: — .Provided, that'l this fhalL not extend to the univerfity churches, when any fermon or lecture is preached, as the pub- ¦.e>K...aO lick 14 LEARNING; lick univerfity fermon or lecture ; but that they'may be preached or read as heretofore. Several canons alfo provide for a due adherence to the faith and liturgy of the Church of England. Printing. The privileges of the univerfities in this are very extenfive. It has been decided, after a folemn and protracted argument, that they are intrufted with an authority, concur rent with that of the king's printer, to print flatutes and abridg ments of them. The 15th Geo. III. c. 35. enables the two univerfities in England, the four in Scotland, and the colleges of Eton, Weftminfter, and Winchefter, to have for ever the fole right of printing fuch books as have been, or fhall be, be queathed to them, unlefs the fame have been or fhall be be queathed for a limited time. They may alfo fell the copy right, in the like manner as any author, under the provifions of the 8 Ann. The 21 Geo. III. c. 56. reciting, that the power of granting a liberty to print almanacks and other books was heretofore fuppofed to be an inherent right in the crown ; and the crown had, by different charters, granted to the univerfities of Oxford and' Cambridge the privilege of printing almanacks, which the univerfities had demifed to the company of flationers of the city of London, receiving an annual fum of 1000 f. and up wards as a confederation, which money had been expended in pro moting different branches of literature and fcience ; and that the privilege or right of printing almanacks had been, by a late decifion at law, found to have been a common right, over which the crown had no controul, and, confequently, the univer fities pofTeffed no power to demife it to any particular perfon or bodyof men, whereby the payments fo made to them bythe com pany of flationers had ceafed ; enacts, that, out of the duties granted by that act, there fhall be paid 500 /. a year to each of the two univerfities, half-yearly, at Midfummer and Chriftmas. Other Privileges. In other refpects the univerfities have ample privileges. They have a concurrent power with the archbifhops and b'ifhops in granting licences to preach ; and feveral other rights with refpect to orders and , pluralities. Their charters are refpected in many acts of parliament ; as thofe relating to the appropriation of firft fruits and tenths ; and licenfing phyficians and furgeons ; the heads of colleges and halls may be juftices of the peace without the qualification of property ; and their members of parliament are in like man ner exempted. Within their jurisdictions, the vice-chancellors fix the affize and price of bread, licenfe taverns and ale-houfes ; the refidents are exempt from ferving in the militia and other forces ; every diftinct chamber is feparately affeffed to the taxes; and many other rights and exemptions of lefs importance are fecured to thofe learned bodies. ©XFORBv THE ARTS AND SCIENCES. iS Oxford. The origin, of this univernty is involved in ob- fcurity. According to Camden, even in the times of the Britons, Oxford was the feat of learning. Some ftudents re moving thither from Cricklade, a mpnaftery was founded by St. Fridcfwide, in the time of the Saxon6, which was burned and rebuilt by king Ethelred. When the Danes were reduced by Alfred, that prince is faid to have founded three colleges, one for philofophy, another for grammar, and a rthjrd for di vinity, in the year 886; fo that, on this consideration,. Alfred feems rather the reftorer than the founder. Government. The Univerfity of Oxford is under the ma nagement of the following officers : Chancellor. The Chancellor is ufually a nobleman, and is elected by the ftudents for life ; diplomas, or letters of de grees, provifions, &c. given in the univerfity, pafs under his real, and he is to govern the univerfity, preferve and defend its rights and privileges, convoke affemblies, and adminifter juf- tice among the members under his jurifdidtion. , High Steward. The High Steward is nominated by the chancellor, and approved by ;$he univerfity ; his appointment is for life ; he affifts the chancellor in the execution of his various duties ; and fits as judge in the courts of the uni verfity. Vice Chancellor. The Vice Chancellor is always in or ders, and the head of a college ; he is nominated by the chan cellor, and elected by the univerfity in convocation, annually. He exercifes the chancellor's power, and keeps the officers and ftudents to their duty. He alfo appoints four officer^ under the name of pro-vice-chancellors, collected from the heads of college*, to officiate in his abfence. Proctors. There are two ProsSlprs, who are mailers of arts chpfen yearly out of the feveral colleges in turn, to keep the peace, punifh difbrders, overfee weights and meafures, or der fchoiaftick exercifes, and the admiflion to degrees. Publick Orator. The duty of the Publick Orator is, to write letters by order of the convocation, and to harangue prince-* and other great men, when they vifit the univerfity. Other. Officers. The remaining officers are, a keeper of the archives ; a regifter, who records all transactions of the Convocation, &c ; three efquire beadles, with gilt filver maces ; and three yeoman beadles, with plain ones, who at* tend the vice-chancellor in publick, execute his Orders for ap« prehending delinquents, publifh the courts of convocation, and conduct the preachers to church, a;id lecturers to fchool ; and a -verger, who, on folemn opeafipns* walks with the ; beadles before the vice-chancellor^ and Carries a filver ef0d. Colleges x6 LEARNING ; • Colleges and Halls. In- Oxford there' are twenty Col leges and five Halls. Of each fome flight defcription will be given, premifirig a general character in the quaint, language of Fuller. — " Of the colleges'," he fays; " Univerfity is the oldeft, Pembroke the youngeft, Chrift Church thegreateft, Lincoln-(by many reputed) the leaft, Magdalen the neateft, ' Wadham the moft uniform,' New College the'ftrongeft,* and Jefus College (no fault but'its urihappinefs) the pooreft ; and if I knew which was the ricrieft, I would riot tell, feeing concealment in this kind is the fafeft. New College is. more proper for foutherni Exeter -for wefterii, Queen's for northern, Brazen-nofe for north-weftern men, St. John's for Londoners', Jefus for Welfh- inen;' artd at' other colleges almoft -indifferently for men of all countries. Merton has been moft famous for School men, Corpus Chrift i (formerly called Trilingite Collegium) for linguifts, Chrift Church for poets, All Souls for orators, New ' College1 for civilians, Brazen-nofe for difputants, Queen's Col lege for metaphyficians, Exeter for a late feries of regiuspro- feffofs ; Magdalen for ancient, St. John's for modern prelates : and all eminent for fome one kind or other. And if7 any of thefe cplleges were tranfported into foreign parts, it would alter its kind, (or degree at leaft,) and prefently of a college proceed an univerfity, as equal to moft, and fuperior to many, academies beyond the fea." University College . The- origin of this college is af- cribed to Alfred, who, in 872, erected certain halls in Oxford, near, or on, the fpot where- this college ftands, and gave the ftudents Small penfions, iffuing from the exchequer ; but thefe halls were foon alienated, ^and the penfions fuppreffed about the reign of the Conqueror. The founder of this college appears, therefore, to be William, archdeacon of Durham, who, in 3219^ 'pUfch'afed one of the halls, endowed it with land, and founded ten oir more fellowfhips for natives of the county of Durham,' which were foon reduced to two. Succeeding bene factors improved the revenues and buildings of the fociety. Of thefe the moft confiderable aire Walter Skirlaw, bifhop of Dur ham, 'who procured lands fro'ni Henry IV. and founded three fellowfhipsfor the diocefes of York and Durham. Henry Percy, earl of Northumberland, lord of the Honour of Cockermouth, in 1442, added three fellowfhips for the diocefes of Durham, York, and Carlifle, With a preference to natives of the county of Northumberland'; and Sir SimPn Benet eftablifhed four fel lowfhips and four feholarlhips,, to which all perfons born in the province of Canterbury, are eligible; This college \s filiate on ¦the South fide of the High-ftreet, Oxford, where its front ex tends more than 260 feet in lengths It has two gate-ways, *- '-'-"-" with THE ARTS AND SCIENCES. 17 with a tower" over each,' at equal diftances from, the' extremities of the building. That on the. weft leads iiito the old court/, a handfome Gothic quadrangle, 1 00 feet Square ;" and above the gateway are two ftatues ; one on the outfide of Queen Anne, another within of James- II. Above the other gateway, on the outfide, is a ftatue of Queen- Mary, daughter of James II., and another within of Dr* JohM Radcliffe. This entrance letidls in to a fmaller court of three .fides, each about .'86 feet in Jengthj open to a garden on the fouth. The eaft andpart of tl e north fide, are occupied by the lodgings of the rnafler. On the 'South • fide of the weftern quadrangle ftand thechapel and hall. That part of the building has lately undergone a confiderable altera tion, by the lengthening of the'windows,: the addition of but* treffes,' battlements,- and pinnacles; and the changing -of the former clumfy centre into an. elegant Gothic bow window and pediment. The chapel is adorned with painted windows, and many monuments of eminent "men ; and: the hall, which was fitted up fome years fince, in the Gothic ftyle,(and lately receiv ed confiderable improvements, is now one of the moft beauti ful rooms in "Oxford. No part of the buildings of this college can boaft of any an tiquity. The prefent Spacious and uniform Structure was be gun in 1634, by the Rev. Charles Greenwood, formerly a fel* low. The work was" Carried on by Sir Simon B^enet;'. and, by the affiftance of fucceeding patrons, the weftern quadrangle was finifhedin 1605. -. Dr.. John Radcliffe gave by: will 5000/. for building the north and" eaft fides of the other quadrangle, and alfo left his Yorkfhire eftate in truft to the fociety, charged with the payment of 600/. ta two travelling fellows^ ftudents in me dicine, to -whom he ordered apartments to be appropriated- in that part of the building. The prefent_/&fj'«fji confifts of a mafter, twelve fellows, 'and feventeen Scholars,, with other ftudents, amounting in the whole to about Seven ty.* ¦ ¦' ' ' Vifitor. The king. Baliol College. Sir John Baliol, of Bernard Caftle in Yorkfhire,- father of John Baliol, king; of Scotland, firft design ed the foundation of this college forthe education of fcholars, to whom he gave yearly exhibitions ; but, dying before he pup- chafed land, he recommended his defigtt to his Widow Devor- guilla, daughter of Alexander III., king of Scotiandi who firft fettled thefe exhibitions ; and, in J 284, purchafed a tenement for her fcholars of Baliol, and conveyed it to the mafters and fcholars of this houfe for ever for their habitation,, having ob tained a royal charter for that purpofe. She afterwards added feveral new buildings to it, and fettled lands for the maintenance Vol. III. C \ of 1 8 LEARNING; of .the fcholars, dedicating her foundation to the honour of the Holy Trinity, the bleffed Virgin, and St Katherine the martyr ; which benefactions were afterwards ratified by her fon John Baliol, king of Scotland, and Oliver, bifhop of Lincoln, in whofe diocefe Oxford then was. The value of the lands and revenues belonging to this college did not exceed 27/. oj. 4*/. per ann. at that time; but the eftates were "foon afterward greatly enlarg ed by the benefactions of others, particularly Sir Philip Somer- ville arid Dr. John Warner, bifhop of Roehefter, who founded four Scottifh exhibitions, endowing them with a revenue, which lias fince been augmented by John Snell, Efq. Baliol college is fituated in Broad-ftreet, and confifts chiefly of one court, which is entered through a Gothic gateway. The buildings about this court are ancient, except the eaft end, which is finifhed in the manner in which the reft of that quad rangle may be built. The Chapel ftands at the north eaft angle of the great court. The great eaft window, which is well executed, reprefents the paffion, refurrection, and afcenfion of Chrift. The Hall is at the weft end of the fame court. In the matter's lodgings are fome good rooms, particularly a Spacious hall, having a well preferved ancient window to the eaft. The Library is furnifhed with a large colleftion of ufeful books, and many ancient manufcripts. Over the gate of the college are the arms of the Baliol family. Befides this court, there is an area to the north-weft, confiding of feveral detached lodgings for the ftudents ; and an elegant new building, rather refembling a modern dwelling-houfe, with a beautiful front to the ftreet, erected at the expence of Mr Fifher, late fellow of this fociety, in which are feveral handfome apartments. The Members of this fociety are a mafter, twelve fellows, fourteen' fcholars,"2nd eighteen exhibitioners. Vifitor. The mafter and fellows elect their vifitor. Merton College, The fociety of Merton, confifting of a warden and about the fame number of fcholars or fellows as at prefent, was firft placed at Maldon in Surry, (but with a pro- vifion for the abode and refidence of the chief part of them in Oxford), in 1264, the 48th year of Henry III., by Walter de Merton, fome time lord- chancellor of England. The instru ment of endowment, with the ftatutes under the broad feal, the founder's, the bifhop of the diocefe's, and that of his chapter, are in 'die college treafury.and deemed to be the firft charter of the kind in Europe. The ftatutes were finally eftablifhed under the broad Seal and his own, in 1274, the Second oS Edward I. Such was the origin of this ancient Society, by thefe charters in corporated, THE ARTS AND SCIENCES. 19 corporated, and endowed with almoft all the lands they at this time poffefs, and provided with the fame ftatutes, by which, without any alteration or addition, they are now governed. Thefe, by the recourfe had to them, were of much ufe to the af ter-foundations both in Oxford and Cambridge ; and, with fo much prudence was this college founded, that Edward I. re commended it to Hugh de BalSam* bifhop of Ely, as a model for his intended munificence in Cambridge ; according to which Peterhoufe was afterwards erected in that univerfity. There are alfo in this houfe poft-mafters, who are of a diftinct and different foundation, which took place about an hundred years after the other. The number, and their revenues, have been fince increafed by feveral benefactors. Befides the poft- mafters, there are four other fcholars of the foundation of Mr. Henry Jackfon, formerly of this college, which commenced in 1753. In the election o£ a warden, the fellows choofe three perfons, whom theyprefent to their vifitor, who appoints one of them. . " Merton College is Situated eaft of Corpus Chrifti ; from which it is feparated by a fmall grove of elms, and confifts of three courts. The largeft, or inner court, is 110 feet long, and 100 broad, and was erected in 161 o; from the fouth apartments there is a pleaSant prpSpect over the meadows. The terrace in the gardens, formed on. the city wall, is no lefs well Situated for a profpect. The gardens, for their pleafing variety, are ge nerally much reforted to in fummer. The Chapel, at the weft end of the firft court, is like wife the parifh church of St John Baptift' de Merton. It is one of, the largeft and belt proportioned Gothic ftruckures in the univerfity, 100 feet in length and 30 in breadth, and has a very capacious tower and ante-chapel. But, large as it is at prefent, it has been thought, from its whole appearance, and from the form and manner of the arches clofed up in the wall of the weft end, on each hand of the great window, to have been built with a view to a farther addition of a nave and fide aides, the prefent building being no rtiore than the choir and crofs-aifle. _ Such a defign was more eafy tot>e imagined than executed ; and, after all, moft likely reached no farther than the carrying on the building, as far as it went, in the cathedral manner. In the Hall, to which the aScent is by a flight of fteps, is a well imagined picture, by the late Dr. Wall, representing the expul-: fion of idle monks to make room for the liberal education of youth, defigned by the founder. The Library \& in the fmall pld quadrangle, fouth of the cha pel, and is furnifhed with'fome ancient and modern books, and; fome manufcripts. - C 2 The 220 LEARNING.; '.*The pilmbhrs are| a warden, twenty *four fellows, fourteen poffi,rmaftfers, Mr Jackfon's four fcholars, two chaplains, and two clerks. , , • ¦ ] V. Vifitor. The. arehbifhop of Canterbury. ¦ Oriel College. This college was founded by Edward II. on petition of Adam de Brome, his almoner, in 1324, who was the firft. provoft. Edward III. gave the large mefluage of Le Oriel, fituated in St John's parifh, by which name the college was afterwards called, and whence it has been fre quently held to be a royal foundation. He likewife gave the hofpital of JSaint Bartholomew, near Oxford, with the lands thereunto belonging. Other benefactors were John Frank, mafter of the rolls in. the reign of Henry VI., who gave 1000/. to purehafe lands for the maintenance of four fellows ; John Carpenter, formerly provoft, and afterwards' bifhop of Worces ter; William Smith, '¦ bifhop of- Lincoln;' and Dr Richard Dudley, Sometime, fellow, and afterwards chancellor of the church of Sarum, who gave the manor of Swainfwick in So- merSetfhire Tor the maintenance of two fellows and fix exhibi tioners ; Dr John Tolfon, who was provoft in 1640, gave £1*50/. toward1 the buildings of the quadrangle, befides other confiderable donations. Queen Anne annexed a prebend of Roehefter tp'tlje prbvoftfhip forever ; Dr. Robinfon, bifhop of London, "befides the new building, gave 2500/. to augment the fellowships and to found three exhibitions ; Dr. Carter not only left money for the erection of the oppofite wing, but alfo for the purehafe of livingsifor the benefit of the provoft and fellows. The late duke of Beaufort gave 100/. per ann. for four exhibitioners. . Oriel College is fituated, between -St. Mary's church on the north, Corpus Chrifti College on the fouth, and Chrift Church on the weft ; the entrance is' on the weft. It chiefly confifts of one regular, uniform, and Well built quadrangle ; on the north fide whereof are the provoft's lodgings ; on the eaft the hall, and the entrance into the chapel, which runs eaftward from thence, and on the fouth and weft fides are the chambers of the fellows and other Students^ - Oppofite to the great gate, a large flight of fteps, having a portico over them, leads to die hall, which is a well proportion ed room, handfomely wainfeotted, with a Doric entablature, and adorned with portraits. '. .The. chapeJ has that beauty which is derived from a decent Simplicity. - The library is an elegant modern building, in which arc -JJaced the late Lord Leigh's library, given to the fociety. 7 The THE ARTS AND SCIENCES. $t The Members are, a provoft, eighteen fellows, and thirteen exhibitioners. , Vifitor t The lord chancellor. Exeter College. This college derives it? foundation from Walter Stapledon, bifhop of -Exeter, lord treafurer of England, and fecretaryof date to Edward II.,, who, in 131 6, obtained a charter for founding a college where Hertford col lege now ftands ; but wanting room for the buildings he .de signed," he removed his Scholars to the preSent houSe, and called it Stapledon Hall, aSter his own name. He founded a fociety Cjjjtfifjing of thirteen, i. e. a rector and twelve fellows; one of \chom, the chaplain, to be appointed by the* dean and chapter of Exeter, Totnefs, and Barnftaple, in Devonfhire, and four from the archdeaconry of CornwalL Among the fu'bfequent bene* factors was Edrnond Stafford, bifhop of Exeter, who obtained leave to alter the name of this houfe, and fettled two fellowfhips for the diocefe of Sarum. Sir William Petre, in Elizabeth's time, obtained a new charter and .ftatutes, founded eight fellowfhips for fuch counties wherever he t then had, or his heirs at any time after, ihould have eftates ; , whichs by this time, comprehends moft! of the counties in England. Charles I. added one fellowfhip for the iflands of JerSey and Guemfey ; and by Mrs. Shier's benefaction, as completed and Settled by Dr. Hugh Shortrige, two other fellowfhips were added, con fined to the counties of Hertford and Surry ; befides confidera ble augmentations to the revenues of the fociety. The laft be nefactor was the learned Mr. Jofeph Sandford, of Baliol College, who gave this fociety his valifable library ; for the reception of which, they, in the year 1781, erected a neat modern edifice in a part of their garden near their former library. ! „ Exeter College is fitUated oppofite Jefus College ; its front is 220 feet longi having in the centre -a magnificent gate and tower. The composition of each front, (viz;, that towards the ftreet and that towards the quadrangle), is a ruftic bafement, which forms the gateway ; a plinth, whereupon are placed four pilafters of the Ionic order, Supporting a Semi -circular pediment, in the area of, which are the founder's arms, on a Shield adorned with feftoons, finifhing with a baluftrade above all. This, with the ¦ beautiful arched roof of the gateway, is juftly efteemed an .ele gant piece of workmanfhip. The building within chiefly con- fifls of a. large quadrangle, formed by the, hall, the chapel, the rectpr's lodgings, and the chambers of the fellows and fcholars, and is regular and uniform. • The Gardens axe neatly difpofdd ; and, though, within the town, have an airy and pleafant opening to the eaft, and a ter- C3 race 22 LEARNING; race commanding a view of fome of the fineft buildings in the Univerfity. The Library is well furnifhed with books in the feveral arts and fciences, and a very valuable collection of claflics given by Edward Richards Efq. The Members are, a rector, twehty-five fellows, one fcholar, who is bible-clerk, and two exhibitioners. Vifitor. The bifhop of Exeter. Queen's College. Robert Egglesfield, a native of Cum berland, . confeffor of Queen Philippa, and bachelor of divinity in the univerfity of Oxford, having purchafed feveral tenements in the parifh of Saint Peter in the eaft, erected there a collegiate hall, probably by the encouragement of Queen Philippa, con- fort of Edward III. giving it the name of Aula Scholarium Re- gina de Oxon ; and, on the 18th of January 1340, obtained the royal charter for incorporating the fociety of this hall or col lege ; by virtu"? whereof, he conftituted a provoft and twelve fellows, ordering that the provoft fhould be chofen out of the fellows and be in holy orders ; and that, for the future, the' fellows, fhould be elected out of the counties of Cumberland and Weftmorland. The principal benefactors, befides the founder, were Edward III. and his queen Philippa ; Charles I. who gave this college three rectories and three vicarages in Hampfhire ; Sir Jofeph Williamfon, knight, fome time fellow, who re -built part of the college, and left 6000/. towards the finifliing of it, befides a valuable library of books ; Dr. Barlow, bifhop of Lincoln, Dr. William Lancafter, and Dr. Timothy Halton, provofts. Some valuable exhibitions have been fince founded by Lady Margaret Hungerford, Sir Francis Bridgman, Mr. Tylney, Lady Elizabeth Haftings, and Dr. Holmes. Eight fellowfhips, four fcholarfhips, and four exhibitions have been eftablifhed by the late Mr. Mitchell oS Richmond ; and this in ftitution is called the New Foundation in Queen's College. Se veral very liberal donations were receive^ by the Society in 17 9, for the purpofe of re-building the weft wing of the front quadrangle, which had been deftroyed by fire ; and in particu lar the fum of 1 000 /. from her prefent Majefty, patronefs of the college. Queen's College is fituate on the north fide of the High-ftreet,\ oppofite Univerfity College. The whole area, on which it is built, is an oblong fquare of 300 feet in length, and 220 in breadth, which, being divided by the hall and chapel, forms two fpacious courts. The Chapel is 100 feet long, and 30 broad. In the arched roof is a piece of painting by Sir James Thornhill. The wiry. dows are admirably painted. The THE ARTS AND SCIENCES. 23 The Hall Is 60 feet long, and 30 broad, with an arched roof of a fuitable height. The Library on the weft fide of the north court, about 123 feet in length, is a noble building of the Corinthian order, with a fpacious cloifter to the eaft. It has a fplendid orrery, and is furnifhed with a valuable collection of books and manufcripts in moft languages and Sciences. It is alSo ornamented with a eaft, in plaifter of Paris, of the Florentine boar. The Members in this college are, a provoft, fixteen fellows, two chaplains, eight taberdas, (fo called from tabefda, a fliort gown which they formerly wore), fixteen Scholars, two clerks^ and forty exhibitioners ; together with Mr. Michell's eftablifh- ment, and a great number of mailers, bachelors, gentlemen commoners, commoners, and other ftudents. They have fortie extraordinary cuftoms. They are called to dinner by the found qf a trumpet. On Chriftmas-day a boar's head is ufhered very Solemnly into the common-hall or refectory, with a celebrated monkifh fong ; and, on New-year's day, the burfar of the college gives to each member a needle and thread, addrefling him in thefe terms, take this and be thrifty. This practice of diftributing the needle and thread, aiguille et fil, had perhaps, in its origin, fome allufion to the name of the founder, Egglesfield. Tifitor. The archbifhop of York. New College. New College was founded by William of Wykeham, a native of Wykeham in Hampfhire, who befides many temporal honours, attained to the ecelefiaftical dignity of bifhop of Winchefter. The foundation ftone was laid March 5th, 1379, and it was finifhed on April 14, 1386, when the warden and fellows took poffeffionof it. Iij,the year following, St. Mary's College near Winchefter was begun, and was finifhed and inhabited in the year 1393, by a warden, ten fellows, three chaplains, three clerks, and fixteen chorifters, as alfo two mailers, and feventy boys, from whom an annual election is held, to fupply the immediate vacancies, or any which may happen within the enfuing year, at New College. The pious and munificent founder, not only faw both his colleges com pleted, made ample provifion for the fupport of each, and gave them a regular and perfect body of ftatutes, but having furvived many years, he enlarged his will with coftly legacies of jewels, plate, money, and books, to be diltributed throughout the feveral diocefes in which he was preferred, or had temporal poffeflions at his deceafe. He died Sept. 37, 1404, when he was 80 years of age. Wykeham's pious example has incited many eminent perfons, chiefly fuch as had been fellows of this fociety, to be confiderable benefactors to his munificent foundation. C4 New 84 LEARNING; New College is fituated eaft of 'the. Schools and the theatre, and and is Separated from Queen's College only by a narrow lane. It is dedicated to St. Mary Wiriton, and has been called New College from its firft foundation, being at that time higly regard ed for it's e.xtefnt and grandeur. . The entrance is by a portal, jfiad-ing Into the firft court, which is a quadrangle of about 168 feet long, -and 129 broad. This court, as built at the founda tion of the college, was low, with narrow arched tranfom wm- dows, in the fafhion of the times ; but Soon, after the reftoration, ^nother.ftdry was added over the old building, and the windows altered, to their prefent form. The Chapel is- by much the grandeft in the Univerfity. The ante-chapel is fupported by two beautiful ftaff moulded pillars. This .part is upwards of 80 feet long, and 36 broad. The painted windows in the ante-chapel are extremely fuperb, and juftly confidered as mafterly productions. The choir is 100 feet long, 35 broad, and 65 high. The altar piece in the inner chapel is alfo much admired, and there are many other excellent .pictures. Cathedral fervice is performed twice every day, at eight and fix, and the univerfity fermon is preached here on Lady-day and Trinity Sunday. Adjoining to the chapel are the cloifters, which ihelofe an area of an hundred and thirty feet in length, and eighty-five in breadth, and which are well worth.the attention of vthe antiquary. On ths north fide of the cloifters is a tower with a peal. often bells. .-< . -¦ r The Hall is at the nojth eaft corner of the quadrangle. It, is handfomely wainfeottedj and adorned with the portraits of the founder, and. feveral other perfons, and a -beautiful Adoration of the Shepherds -by: Anibal Caracci. Tlie Library, fituated on the eaft fide of the quadrangle, confifts of twoelegantixooms, one over the other, 70 feet long, and 22 broad ; -both of them well furnifhed with books, and containing fome valuable manufcripts^. The Garden is . well laid out, and includes a bowling green and pavilion. . ¦ ~ The Members oft New College are, the warden, feventy fel lows, ten chaplains, three clerks, one fexton, Sixteen choriftere ; together with Several gentlemen commoners., -. < Vifitor. The bifhop of Winchefter. Lincoln College. This-college was firft founded by Richard Flamming, who was born of a good family in Yorkshire, made bifhop of Lincoln by Henry V., and died in 143 1. He obtained the charter of incorporation in the fixth year of Henry VI. ; and in 1429 eftablifhed a college, confuting of a rector and Seven fellows, to whom he appropriated ftipends. Li 147.8,. Thomas Scott, alias Rotherham, then bifhop of Lincoln, confidering the imperfect THE ARTS AND SCIENCES. 35 imperfect ftate of this foundation, obtained .a new charter of Edward IV; 'by virtue whereof he added five other fellowfhips to the feven before founded, annexed to the college two rectories, and gave them a body of ftatutes, in which he limits the .choice of the fellows to the diocefes of Lincoln and York, all except one, whom he would have to be of the diocefe of Wells. But' a greater benefactor was the Right Honourable Nathaniel Lord Crewe, bifhop of Durham, who being prefent in the year 1 7 1 7, after contributing liberally to the buildings which . ^eK^U(ting covetoujuefs, _and .the next figure, anger, pr.moroje- " . nefr. The dog, the dragon, the deer, flattery, envy, and timidity ,- " and the three lalt, the mantichora, the boxers, and the lamia, " pride, contention, and lufi ,¦ " We have here therefore, a complete and instructive leffon for « the ufe of a Society dedicated to the advancement of religion " and learning ; and, on this plan, \ye may SuppoSe the founder «« of Magdalen thus fpeaking, by means of thefe figures ; to the " ftudents' of his college: , " It is your duty, who „jive under the care of a prefident «' whofe vigilance and parental tendernefs are the proper qualifica- « tionsto fupport the government oS my houSe, attentively to " purSue your ftudies in your feveral prafeffions ; and So ayoid «'• the follies of an idle, unlettered, and diflipated courfe of, life, « You may poflibly meet with many difficulties at your Setting " out the arts and- Sciences. 2$ " out in this road ; but thefe every fiHpling will be" ahleto over- " come by courage and ' pet fever an ee. ;And remember when " you are advanced beyond thefe difficulties, that It Is your " duty to lend your affiftance to thoSe who come after you, and and fixteen chorifters. Vifitor. The bi'fhop of Winchefter. , Brazen Nose College. The moft probable account of the uncommon. name of this college Seems to be as 'follows The founders -purchafed from Univerfity College, for the Site of their' intended building, two ancient 'feats of learning,' Brazen^ noie and Little Univerfity'Bsdls ; the former of which, ,as well as one of the fame name at Stamford, received;its title from the circuiriftance-of -having. a nefe of brafs affixed to the gate. go LEARNING; It was with a view So this that the founders ordered their new feminary to be called the King^s Hall and College of Brazen- nofe^ and a Similar appendage is ftill corifpicuous over the portal. This college forms the weft fide of the Radcliffe Square, It was founded in 1 509, "by the joint benefaction of William Smith, bifhop of Lincoln, and Sir Richard Sutton, knight, of Prefbury in'Chefhire. ' The RefeBory is handfome-and Spacious,., and > adorned with Some good portraits and paintings on glaSs of the two founders. It ftands on the South fide of the firft quadrangle ; in the centre of which is a Statue of Cain and Abel. The Library and Chapel are not distinguished by any thing very remarkable. The foundation of this college is for a principal, twenty fel lows, thirty-two fcholars, and twelve exhibitioners. Vifitor. The bifhop of Lincoln. Corpus Christi College. This College was founded in 1516, by Dr. Richard Fox, a native of Ropefley, near Grantham in Lincolnfhire, who was fucceflively bifhop of -the fees of Exeter, Bath and Wells, Durham, and Winchefter, and was likewife Lord Privy Seal to Henry VII. and Henry VIII. He firftJntended it only as a Seminary for the monks pf the priory or cathedral church of St. Swithin at Winchefter, and obtained a charter for that end ;'- but altered his mind by the pevSuafion of Hugh Oldham, bifhop of Exeter, who engaged to be a bene factor to the houfe, on condition that he would convert it into a college for the ufe of fecular ftudents, after the manner of other colleges in the univerfity. Whereupon bifhop Fox caufed the firft charter to be cancelled, and obtained another, whereby he was permitted to found a college, for the ftudy of divinity, philofophy, and other liberal arts. The ftatutes for the govern ment pf this fociety ordain, that the fellows fhould be elected out of the fcholars, who are to be chofen from the counties or diocefes following, viz. two, Surry; three, Hampfhire ; one, Dur ham; two, Bath and Wells; two, Exeter; two county of Lincoln; two, Gloucestershire ; one, Wiltshire ; (or in defect of candidate) the diocefe of Sarum; one, county of Bedford ; two, county of Kent; one, county of Oxford ; one, Lancafhire. Among the benefactors was Hugh Oldham, chaplain tp Margaret countefs of Richmond, and afterward bifhop of Exeter, who gave 6doq marks towards erecting the college, befides feveral eftates for the endowment of it. William Froft, fteward to the founder , John Claymond, the firft prefident pf this college ; and Robert Morwent, Second prefident, gave to the college feveral portions of lands. Arthur Parfons, M. D. Sometime fellow, gave 3000/. towards purchasing advowfons. Corpus THE ARTS AND SCIENCES. 3t i Corpus Chrifti College ftands between Chrift Church on the weft, Merton College on the eaft, and Oriel College on the north. It confifts of one quadrangle, built in the founder's time, but not embattled within till about the latter end of the reign of James I. In length it is 101 feet by 80 wide. Towards ChriftChurch walk, an elegant modern building, 119 feet in front, with an arcade adjoining, was erected in 1706, at the fole ex- pence of Dr. Turner, prefident. On the eaft fide toward Merton Grove, a handfome Structure was built in 1737, for the refidence of gentlemen commoners, whofe number the founder has confined to fix. And foon. after the north and weft fronts of the firft court were rebuilt, chiefly at the expence of fome members of the fociety. By fimilar means the Hall was embellifhed with a handfome oak Wainfcot in 1700 : it is 50 feet long, and twenty-five broad, and of a proportionable height, with beautiful Gothic rafters. The Chapel is 70 feet in length, -and 25 in breadth. In 1676, it was adorrted with a floor of black and\ white marble, new Stalls, a Screen of cedar wood, and a roof wainfcotted and gilt. The Library is well furnifhed with books, particularly a large collection of trafts from the Reformatipn to the revolution ; about 300 MSS. a curious one of Suidas; which feems to have" once belonged to William Grocyn, that celebrated fcholar and teacher of the Greek language in this uni verfity, toward the clofe of the 15th century,, as his name is written on the cover of both volumes ; . the MS, col lections of the antiquaries Bryan, Twine, and Fulrrian ; an En glish bible SuppoSed to be older than Wickliffe's ; a parchment roll containing the pedigree of the royal family, and the feveral branches of it, from Alfred to Edward VI. with their arms blazoned, Signed by the king at arms ; and Several other curio sities, particularly an ancient MS. hiftory of the bible in French, finely decorated with curious painting, given by general Ogle thorpe, who was a member of this college ; and alfo a very valuable collection oS the earlieft editions of the claflics,-~par- ticularly of the Aldine, many of which belonged to the founder, and are well preferv.ed. Among the moft curious are Cicero de Officiis, on vellum, 1.466 ; the_ Florentine Anthologia, Euripides, Appollonius Rbodius in capital letters ; and a vel lum copy of the fplendid edition of Ariftotle and Theophraftus, from the prefs of Aldus. They Shew here alSo the' genuine crozier of the founder, a piece of curious workmanfhip little impaired by time. The Members are, a prefident, twenty fellows, two chaplains* ,2 twenty 3* LEARNING; twenty fcholars, four exhibitioners, and fix gentlemen com moners. './,.. Vifitor. The bifhop ©f Winchefter. Christ Church. This college was founded by cardinal Wolfey, upon the place where formerly flood the priory of St. Frideswide, which, and feveral other religious foundations, were diffolved, in order to endow the college intended by the cardinal. The defigri was far from being completed, at the time.of Wolfey's diSgraee; little more being built than the eaft, fouth,. andr part of the weft fides of the great quadrangle; and the- kitchen. . And- as to the foundation itfelf,- whatever it might be at that time, 'it is.certain it was afterwards . leffened, and the form of it altered two or three times by the king. The difgrace of- die cardinal happened in 1529, when the king feized upon thifr college, as well as his other eftates. In 1532, at the in stance of lord Cromwell, the king new modelled the foundation, a'nrj-.gave it the name of King Henry the Eighth's College. This wasfuppreffed in 1545, and in the year following the epifcopal fee was removed from Ofeney to this college, and the church oS St. FrideSwide constituted a cathedral, by the name oS Chrift- church. Since the time of Elizabeth, this college has largely1 experienced the bounty of feveral benefactors* particularly bifhop Fell, wholeft ten exhibitions of 10/. per ann. to commoners, to be held for ten years .from the time they were nominated to them: ? The 1 oi-ft ftudentfhip was added by William Thurfton , Efq.r 1 66$ . ^Several exhibitions were given by lady Holford,.for Scholars "educated at the Charter-houfe* and more by ' other benefactors. The college .confifts of four courts or Squares, viz. 1. The Great' Quadrangle;. 2. Peckwater-Jquare ; 3. Canterbury-court; 4. The Chapla'ia's?c6urt :. and feme .other- buildings. The Stately". -we-ft'-front of the great-quadrangle i§- a magnifi- centGothic building,1 '3 8 2 feet. -in. -length* terminated at each end with two correfporiciing turrets.-.-. The, great gate is in the middle of this. front, andovef-it a beautiful tower enriched with Gothic ornaments,; defigned by Sir Chriftopher Wren, erected by Dr. Fell, and perfectly correfponding to the reft of the build ings. In this tower hangs; the -great hell.called Tom (the weight of which- is eight toris and a half)* on the found of which the fcholars 'ofthe- univerfity- are to retire to their refpectrve^ colleges. Th«'^reat.q,uadraiiglc;-is,264, by 261 feet in the, clear. The fouthr^afL.,an are contained in the height oS the Ionic order, which refts upon the ruftic. Over the five middle windows in each fide is a beautiful pediirient, which projects, Supported by three quarter columns oS the Same order, as the entablature and baluftrade of the other parts are by pilafters. On the South fide of this court is a magnificent Library, 141 feet long, built in the Corinthian order, the pillars of which are: four feet in diameter. The wainfcotting, book-cafes, and Stucco-work, as well on the Stair-caSe as in the rooms of the li brary, are very highly finifhed, particularly the beautiful feftoons fn ftucco, charged with fymbolical imagery* Severally reprefent- ing the particular branch of literature contained beneath* There are many bufts, and a collection of good pictures. Canterbury court, once Canterbury college, is now moft ele gantly rebuilt, from a plan Suitable to Peckwater, with a fu- perb gate-way, under the direction of Mr. Wyatt, by the mu nificence of Dr. Robinfon, late primate of Ireland, and other be nefactors. Vol. Ill* D . The 34 LEARNING; The chaplain's court is fituated fouth-eaft of the grand quadrangle, on the north fide whereof is a large building of new chambers, the walls of which are formed from the hall or refectory of St. Fridefwide's priory. The court oS the grammar Scho'ol is South of the great quad rangle, having the hall on the notfh fide of it: under part of the hall is the Spacious common room, in which is an excellent buft by RySbrack, oS Dr. BuSby, Sormerly mafter of Weftmin fter fchool, and a confiderable benefactor to the college., Round the room are the pictures of the feveral mafters of the fame School, and other eminent members oS the Society. On the South fide is the new Anatomical Theatre, erected and cndowedby the late Dr. Lee, phyfician to George II. at the ex- pence oS 2o,ooo/.j with a proper Stipend to the lecturer, &c. In it is a fine collection oS anatomical preparations and injec tions. The Foundation confifts of a dean, eight canons, 101 Students, part of which are elected annually from Weftminfter School ; and the, other vacancies^ as they happen, are filled up by the dean and canons ; eight chaplains, eight Singing men, and as many chorifters, a School-matter, an organift, &c. Vifitor. The King. Trinity College. This college was founded March 8, 1594, by Sir Thomas Pope, blight, of Tittlehangcr in Hertford shire, privy counfellor to Queen Mary, and a Singular Sriend to Sir Thomas More, for the maintenance and education of a prefi dent, twelve fellows, and twelve fcholars. The founder directs, that the Scholars, who Succeed to the Sellowfhips, fhall be choSen from his manors: but, if no candidates appear under fuch qualifications on the day of election, that they Shall be Supplied from any county in, England. He alfo appoints, that no more than two natives of the fame county fhall be fellows of his col lege at the fame time, Oxfordfhire excepted, from which coun ty five are admitted. The principal, and almoft only benefac tor, was Dr. Ralph Bathurft, formerly prefident, who expended. 1900/. in rebuilding the chapel. ., ' This college ftands oppofite the Turl. A Spacious avenue, fenced from the ftreet by a handSome iron palifade, with Solding gates, leads to the Sront of the college, which confifts of the chapel and the gateway, with its tower. . : In the firft court are the chapel, hall, prefident's lodgings, and library. The great elegance of the Chapel refults from an affemblage . of highly finifhed ornaments. . The carving of the fcreen and altar-piece, which are ofv, cedar, is performed with exquifite ¦tafte, and the chapel in all parts is beautifully decorated. The , THE ARTS AND SCIENCES. 35 The Hall is fpacious and well proportioned, and adorned with a portrait of the founder. Over the chimney-piece are the arms of Queen Mary and King Philip, a rare inftance of the arrns of England and Spain being quartered together. In the Library windows are feveral compartments of fine old painted glafs, much injured in former times. The fecond court, planned by Sir Chriftopher Wren, was one of the firft piecesof modern architecture which appeared in the univerfity. It confifts of three fides. The opening to the gardens on the eaft has an agreeable effect. The Gdrdens are extenfive, and laid out in two divifions. The College confifts of a prefident, twelve fellows, and twelve fcholars. Vifitor. The bifhop of Winchefter.. - St. John-'s College. This college was founded by Sir Thomas White, alderman and merchant-tailor, of. London, who afterwards, anno 1557, endowed it with feveral confider able manors, and at his death bequeathed the fum of 3000 L to purehafe lands to increafe its revenues. He originally defigned, Merchant Tailors' School in London as the only feminary for this college ; but being of a more public Spirit than to confine himfelf to any one place, he allowed two fellowfhips to the city of Coventry, two to Briftol, two to the town of Reading, and one to Tunbridge, together with fix to the kin of the founder. The moft confiderable benefactors' fince have been Sir William Paddy, who founded and endowed the choir,, and built that fide of the new quadrangle, of which the library is a part ; Archbifhop Laud, who at the expence of about 5000/. (exclusive of 400 /. for the ftatues of the king and queen) added the other three fides; Archbifhop Juxon, who gave 7000 /. to' this college ; Dr. Gibbons who bequeathed the perpetual -,ad- vowfon of the living of Baynton in Yorkfhire, and 1000 I. to buy books; Dr. Holmes, formerly prefident, with his lady, who gave 15,000/. to augment the Salaries of the officers, and other ufes ; and Dr. Rawlinfon, who bequeathed the reverfion of an eftate in fee farm rents. St. John's College is fituated north oS Baliol arid Trinity Colleges, having a terrace with a row of lofty elrris before it. The buildings chiefly confift of. two large quadrangles. The entrance to the firft is by a handfome old gateway with a tower over it. It is formed by the hall and chapel on the north, the president's lodgings on the eaft, and the chambers oS the fel lows, fcholars, aud other ftudents on the fouth and weft fides. The Hall is elegant, being well proportioned, aud handfomely wajnfcotted, wty ,a beautiful arched roof, a fcreen of Portland "Stone, and a -grand variegated marble chimney-piece, containing .'''-¦ : > D 3 a pic- 36 LEARNING ; a picture of St. John the Baptift, by Guarini. It is likewife adorned with many other pictures. The Chapel, which is adjoining to the hall, is in all refpedts neat and commodious. It is divided Srom the ante-chapel by a new and elegant Screen, over which has been erected a very complete new organ. It has now an elegance which reSults from feveral high finifhed, yet Simple ornaments. In particular the ftand on which the Bible is placed is adorned with mafterly carving. The altar is of the Corinthian order, and very pro perly adapted. Over- the communion table is a fine piece of tapeftry, reprefenting out Saviour with the two difciples at Em- maus, copied from a painting of Titian. In this chapel ca thedral fervice is performed twice a day, at eight and fix. In the Poft-chapel, the roof of which is of carved ftone and very elegant, are three monuments of deceafed prefidents. Through a paffage on the eaft fide oS the firft quadrangle is the entrance to the Second ; on the eaft and weft fides whereof are handfome piazzas in the Grecian tafte, each column confifl- ing of one fingle bluifh ftone, dug from a part of the college eftate, near Fifield in Berkshire. In the centre of each piazza is a magnificent gateway, confifting principally of two orders. i . The Doric, which forms the gateway itfelf, agreeable to that of the piazzas. 2. The Ionic, which fupports a femicircular pediment. Between four of thefe columns, viz. two on each fide, in a niche, is a brafs ftatue ; that on the eaft of Charles I. and that on the weft of his Queen, eaft by Fanelli of Florence;. That neither of the Greek orders might be wanting, the third, viz. the Corinthian, is very artfully introduced in the construc tion of the niche. The whole is richly embellifhed, and is the defign oS Inigo Jones. The Library includes the upper Story of the fouth and eaft fides. The fouth fide is well Stored with printed books in all facul ties, regularly difpoSed : the eaft with a moft valuable collection oS manuScripts, in ,which the bookcaSes adhering to the fides form a Spacious gallery. Here are Some valuable curiofities con fifting in pictures and books. The Gardens are very extenfive, and laid out with all thofe graces which arife from a fucceffion of beauties fo difpofed as to ftrike gradually and unexpectedly. The celebrated Mr. Browne, by removing a few embarraffing overgrown chefnut trees, has fo changed the afpedt of this garden,, that few. can at prefent vie with it. The Members are, a prefident, fifty fellows, two chaplains, an organift, five finging-men, fix chorifters, and two fextons. Vifitor. The bifhop of Winchefter. Jesus College. This college was founded by Queen Eli zabeth, THE ARTS AND SCIENCES. 37 zabeth, by charter bearing date the 27th June 1571, for a prin cipal, eight fellows, and eight fcholars. The queen, at the re- queft of Hugh Price, LL.D. a native of Brecknock, and trea- furer of the church of St. David's, granted her royal charter of foundation, and a certain religious houfe, or cell, called White-. hall (which before the diffolution of monafteries belonged to the priory of St. Fridefwide) for the fite of the college, toge ther with fuch timber and other materials as fhould be wanting for the building of it, out of her forefts of Shotover and Stowe. The firft endowment of this college was by Dr. Hugh Price, above mentioned, who, by deed bearing date the laft day of the faid month of June 1 5 7 1 , conveyed to the college, by the ftyle and title of The Principal, Fellows, and Scholars, of Jefus College, within the City- and Univerfity of Oxford, of §)ueen ¦Elizabeth's foundation, certain landsj mefluages and tenements in the county of Brecknock, in value about 160/. per ann. for the maintenance and fupport of a principal, eight fellows, and eight fcholars, being the number limited in the original charter of foundation; though by charters fince granted at different times, and the munificence of fubfequent benefactors, the num ber of fellows and fcholars is more than doubled. The prin cipal benefactors after JDr. Hugh Price, who may in fome mea- fure be called the founder of this originally little fociety, were, Sir Eubule Thelwal, knt. principal of the college, who, befide his contributions toward the buildings carried on under his di rection, increaSed the number of feilows from eight to fixteen ; Dr. Francis Manfel, Who was thrice principal ; Sir Leoline Jenkins ; Charles I. ; Dr. Griffith Lloyd, and many others. In point pf architecture, Jefus college contains nothing pe culiarly deferving notice. The Society is compofed of a~principal, nineteen fellows, and eighteen fcholars, befides a confiderable number of exhibi tioners. Vifitor. The earl of Pembroke. Wadham College. This college was defigned by Nicholas Wadham, efq., and built in purfuance of his will, by Dorothy, his widow, in 1613, who appointed a warden, fifteen fellows, fifteen fcholars, two chaplains, and two clerks ; the warden to be a native of Great Britain. The fellows, after having com pleted eighteen years from their, regency, to refign their fel lowships. The Scholars, out oS whom the Sellows are to be choSen, to be taken three out oS SomerSetfhire, and three out of Effex ; the reft out of any county pf Great Britain. The moft confiderable benefactor, Since the founder, was John Goodridge, M. A. fome time fellow of this college, who gave all his eftate at Walthamftow in Effex to the fociety. Dr. D 3 Hody 38 LEARNING; Hody added ten exhibitions, four for ftudents in Hebf evv, and Six for Greek, 10/. a year each. Lord Wyndham 2000/. of which 1,500/. to increafe the warden's Salary, and 500/. to beautify and repair the, college. BifhOp Lifle, the. late warden, gave two exhibitions of 10/. per annum each. Wadham college is fituated north of the public fchools and printing houfe ; ( its front facing the gardens of Trinity college. It confifts chiefly of one large quadrangle, about: 130 feet Square. The Hall is a Spacious Gothic room, at the South-eaft angle oS the great court ; and the Library Stands on the eaft' of the hall. The Chapel is a fpacious edifice, at the north-eaft angle of the fame court, and has that venerable appearance fo remarkable in the chapels at New college, and Magdalen, having the ante- chapel at right angles with the choir. What is moft admired here is a very large window at the eaft end, of the paflion of our Saviour, by Van Ling, wherein is a great variety of figures admirably done. The windows on the fides feem to be of the fame workmanfhip ; but the greateft curiofity in this chapel is the painted cloth, if it may be fo called, at the lower part of the altar. It is the only work of its kind at prefent in Oxford. The cloth, which is of an afh colour, is the medium; the lines, and fhades are done, with a brown crayon, and the lights with a white one ; which being afterwards preffed with hot irons, caufing rhe damp of the cloth to incorporate with the colours, has fp fixed them, as to be rendered prooS againft a bruSh when uSed to cleanSe it Srom duft ; it was performed by Ifaac Fuller, Who painted the altar piece -it Magdalen college, and it is ge nerally allowed to be a mafterly drawing. The eaft repreSents the Lord's Supper ; the north, Abraham and MelchiSedeck ; and the South, the children oS ISrael gathering manna. The Members are, the warden, fifteen^fellows, two chaplains, fifteen fcholars, two clerks, and fixteen exhibitioners.. Vifitor. The bifhop of Bath and Wells. Pembroke College. This college, formerly Broadgate Hall, was founded in 1620, by Thomas Tefdale of Glympton, efq.,and Richard Whitwick, S. T. B. redtor of Ilfley, Berks, for a mafter, ten fellows, and ten fcholars ; four of Mr. Tefdale's Sellows to he choSen out oS his relations, and the reft to come Srom Abing don Sree-School. As to Mr. Whitwick's benefaction, two oS the fellows and two fcholars to be of his kindred, and the reft from Abingdon School. King Charles I. granted to this fociety the perpetual advowSon of St. Aldate's church, and certain lands for the maintenance of one fellow, to be chofen from Guernfey or Jerfey. Archbifhop Abbot, Juliana Stafford, and Francis Rous, THE ARTS AND SCIENCES. 39 \ ' Rous, were the next benefactors ; and Dr. George Morley, bifhop of Winchefter,' founded five.fcholarfhips for the natives of Guernfey and Jerfey. Queen Anne annexed a prebend of, Gloucester to the mafterfhip ; Lady Holford gave two exhibi tions of 20 /. a-year each ; Dr. Hall, mafter of this college, and bifhop of Briftol, built the matter's lodgings ; Sir John Bonnet, Lord Offulfton, endowed two fellowfhips and Scholarships ; Mr. TownShend gave eight exhibitions to .young Scholars Srom Gloucestershire ; and Sir John Philips', Bart.iri 1749, founded one fellowfhip and one Scholarship. , ' The name of die college was derived from the Earl of Pern* broke, chancellor of the univerfity at the time it was Sounded ; it is fituated near Saint Aldate*s Church, in a direft line from the grand gate of Chrift Church, and confifts of two Small courts. The quadrangle is uniform, having the hall* ax. the north-weft angle, in which are pictures of the founders and fome benefactors. The chapel is a fmall elegant building, of the Ionic order, with a beautiful altar-piece. In the garden," which is weft of the chapei, is a pleafant common room and a terrace walk. The members are, a mafter, fourteen fellows, thirty fcholars, and exhibitioners. Vifitor. The'chancell'or of the univerfity. Worcester College. This houfe w'as formerly called Gloucefter College, being a ferhinary for educating the novices of Gloucefter monaftery. If was founded in 1283 by John Giffard, baron of Brimsfield. When fuppreffed at the reform ation, it was converted into a palace for the bifhop oS Oxford, bat was foon after erected' into "an academical hall, by Sir Thomas White, the founder of Saint John's college ; in which ftate it continued till it received a charter of incorporation and endowment from Sir Thomas Cookes, who, in 17 14, obtained a foundation for a provoft, fix fellows, and fix fcholars. Dr. Finney further endowed it with two fellowfhips and two fcho- larfhips for Students Srom Staffordshire. Dr. Clarke founded fix fellowships and three Scholarships, with a preference to clergy men's fons ; and Mrs. Eton, daughter to Dr. Eton, principal of Gloucefter hall, founded fix fellowfhips. Lady Holford gave two exhibitions of 30 /. a-year each, for Charter -ho'ufe fcholars, to be enjoyed eight years. Worcefter college is pleafantly fituated on sn eminence juft above the river Ifis and the meadows, at the extremity of the weftern fuburb. At entering the college are the chapel and hall one on each fide, both of which are twenty-nine feet in breadth, and fifty in, length. The library, which is a magnificent Ionic edifice, on the weft of the chapel and hall, is 100 feet in length, D 4 fupported 4© LEARNING; Supported by a fpacious cloifter. It is furnifhed with a vato- able collection of book's, chiefly the library of Dr. Clarke, late fel low of All Souls' College ; in which is Inigo Jones's Palladio, With his own manufcript notes. The Members are, a provoft, twenty fel?ows, and feventeen fcholars. Vifitor. The chancellor of the univerfity, Hertford College. Hertford, or Hart Hall, an ancient houfe of learning, was an appendant to Exeter College; but, having received an-endowment in part, was, at the requeft of Dr. Richard Newton, then principal, who endowed the Senior fellowships incorporated, September 8, 1740. It is fituated oppofite to the gate of the public fchools, and confifts pf one court, but it is yet unfinished, It contains a principal, two fenior fellows or tutors, junior fellows or affiftantS} under-graduate ftudents, and four fcholars. Vifitor. The chancellor of the univerfity. JIalls. The halls are five in number, and belong to col leges ; viz. Saint Edmund's hall to Queen's college ; Magdalen ¦hall to the college of the fame name; Saint Alban's hall to IVIerton college ; Saint Mary's to Oriel ; and New Inn to New College. They are under the government of their refpective principals; whoSe incomes arife Srom the rent oS the chambers, The ftudents take an oath tp obey the ftatutes and cuftoms of the hall, which ftatutes are made and altered by the chancellor, who has the nomination - grees refpeCtively. The examination for the degree of bachelor cf arts ufually begins oil the Monday fe'imight after the Epi phany, and the degree is completed on the fecond tripos-day next following. Perfons are commonly admitted to the de gree of bachelors in divinity on the nth of June. The nobi lity, THE ARTS AND SCIENCES. 73 lity, which includes baronets, as fuch, are entitled to degrees without waiting the ftatutable time. In the year 1786, fome difputes having arofe concerning the practice of conferring de grees in right of nobility, the ftatutes were examined, and it was determined that the following jberfons were entitled to ho norary degrees: viz. 1. Privy-counfellors. — 2. Bifhops. — 3. Noblemen — Dukes, Marquiffes, Earls, ViScounts, Barons. — 4. Sons of Noblemen. — 5. Perfons related to the king by con sanguinity or affinity, provided they be alSo honourable. — 6. The elded Sons of fuch perfons. — 7. Baronets. — 8. Knights. The two laft to the degree of M. A. only. Senate. The Senate is compofed of all the doctors and mafters oS arts in the univerfity, and is divided into two bodies or houSes. The firft confifts of regents, or thofe who have not been mafters of arts five years : they are alfo called white- hoods, from the hoods of their official dreffes being lined with white fiik. The Second, of non-regents, or thofe who have taken the degree of mafter upwards of five years, but have not advanced to the degree of doctor ; thefe are called black-hoods for a fimilar reafon. The doctors under twp years ftanding vote Solely in the regent-houSe ; but all others, with the public orator, may vote in which houfe they pleafe ; arid either houfe is competent to reject a queftion. In the fenate-houfe the election of all officers takes place ; the appointments of the magistrates, the admiffion to degrees, and all other important bufineSs of the univerfity. No language but Latin is permitted to be fpoken at any official meeting in the Senate-houSe. Spme queftions are determined by the body collective, as the choice of members of parliament. At the election in 1790, the num ber of members who voted was 684 ; abfent, or did not vote, 181 ; in all 865. The privilege of fending members to par liament was firft granted to the univerfity by James I. in 1604. Terms. The following is an invariable rule for the begin ning and ending of the Cambridge Terms, without any ex ception of Sundays or holidays. Michaelmas Term begins on the 1 oth of October, . and ends- on the 1 6th of December. Lent Term begins on the 13th of January, and ends on the Friday before Palm Sunday. Trinity Term, or (as it is more commonly called), May Term, begins on the Wednefday after Eafter week, and ends on the Friday after the commencement. 1 Schools. After the univerfities, it may be proper to men tion a few of the public fchools for the education of youth, preparatory to their admiffion at Oxford or Cambridge, .which have 74 LEARNING; ' have the benefit of a foundation. Some of thefe fchools are, without impropriety, termed colleges ; but they are best dif- tinguifhed from thofe which collectively form the univerfities, by adhering ftrictly to their title ; nor is there any danger, while they retain their prefent eminence, that they fhould be confounded with thofe inferior undertakings which are efta blifhed in all parts of the kingdom for reception of thofe' to whom a finifhed claffical education is not neceffary. Eton. The College of Eton was founded by Henry VI. in the 19th year of his reign, anno 1440, for a provoft, ten priefts, four clerks, fix chorifters, twenty-five poor grammar fcholars, and twenty-five poor men. Henry Sever was the firft provoft ; his SucceSSor was William Waynfleet, Sounder of Magdalen College, in Oxford. This foundation was particularly excepted in the act for the diffolution of colleges and chantries, in the reign of Edward VI. Its eftablifhment, however, has been Somewhat altered, and it confifts now of a provoft, feven fel-r lows, two fchool-mafters, twoacondu£ts, Seven clerks, Seventy fcholars, and ten chorifters, befides inferior officers and fer- vants. The School is divided into upper and lower, and each of them into three claffes. Each fchool has one mafter, and each mafter has two affiftants or ufhers. None are admitted into the upper School till they can make Latin verSes, and have at tained a tolerable knowledge of Greek. In the lower fchool children are admitted very young, to be initiated in fchool learning. Henry VI. alfo founded King's College in Cambridge, and intended Eton SchoQl to be a feminary to Supply it with fcholars and fellows, for which purpofe, there is an annual election bf fcholars for the univerfity, made in July or Auguft, in this manner: — King's College in Cambridge deputes its pro voft, and two fellows, (tiled a Senior and junior profeflbr, who being joined by the provoft, vice-provoft, and head oS Eton College, examine the Scholars in the upper clafs in the Several parts oS their learning, and enter twelve, whom they find duly qualified, in the roll or nomination Sor the univerfity, to be re moved Srom. Eton, as vacancies happen at King's College, and according to Seniority on the roll of election. The Scholar ad mitted at King's purSues his Studies there Sor three years, and then is entitled to a fellowship "upon that foundation. The average number of vacancies is about nine in two years : at nineteen years of age the fcholars are fuperannuated. Eton fends two fcholars to Merton College, in Oxford, where- they are denominated poft-mafters, and has a few exhibitions of 21 guineas each for its fuperannuated fcholars, towards whofe affiftance THE ARTS AND SCIENCES. 75 affiftance Mr. Chamberlayne, a late fellow, has bequeathed an eftate of 80 /. per annum after the death of his widow. The independent fcholars at Eton, commonly called Oppidans, are very numerous, this fchool having been long ranked among the firft public Seminaries in this or any other country. T,.e average number of independent fcholars, for fome years pad, has been from 300 to 350. When Dr. Barnard was mader, under whom the fchool was more flourifhmg, perhaps, than at any other period, the number at one time exceeded 520. ' A curious ancient cudom of the proceffion of the fcholars ad tnontem is deferving of notice. This proceffion is made every third year, on Whit TueSday, to a tumulus near the Bath road, which has acquired the name of Salt Hill, by which alfo the neighbouring inns have been long known. The chief ob ject of the celebration, is to collect money for fait, as the phrafe is, from all perfons prefent, and it is exacted even from paffengers travelling the road. The fcholars who collect the money are called Salt-bearers, and are dreffed in rich filk habits. Tickets, infcribed with fome motto, by way of pafs-word, are given to fuch perfons as have already paid for fait, as a Secu rity from any further demands. This ceremony has been fre quently honoured with the prefence of his majedy and the royal family, whofe liberal contributions, added to thofe of many of the nobility and others, who have been educated at Eton, and purpofely attend the meeting, have fo far augmented the col lection, that it h^s been known to amount to rhore than 8eo /. The fum fo collected is given to the fenior fcholar who is going off to Cambridge, for his fupport at the univerfity. It would be in vain, perhaps, to endeavour to trace the origin of all the circumdances of this Singular cudom, particularly that of col lecting money for fait, which has been in ufe from time imme morial. The proceffion itSelf feems to have been coeval with the foundation of the college, and it has been conjectured, with much probability, that it was that of the bairn or foy-bifhop, a mock dignity uSed before the Reformation, and which laded till Innocent's day ; during the intermediate time the boy per formed various epifcopal functions, and if it happened that he died before it was expired, he was buried with the fame cere monials which were ufed at the funeral of a bifhop. It is Said originally to have taken place on the 6th of December, the fef- tival of St. Nicholas, the patron of children, being the day on which it was cudomary at Salisbury, and in other places where the ceremony was obferved, to elect the foy-bifhop Srom among the children belonging to the cathedral. In the- voluminous .collections relating to antiquities, bequeathed by Mr. Cole, (who was himfelf of Eton and King's College,) to the Britifh Mufeum, j6 LEARNING; Mufeum, is a note, in which it is afferted, that the ceremony of the Bairn or fov-bifhop, was to be obferved by charter ; and that Geffrey Blythe, bifhop of Litchfield, who died in 1530, bequeathed feveral ornaments to King's College and Eton, for the drefs of the bairn-biftiop. From whence the induftrious antiquary procured this inSormation, which, iS correct, would end all conjecture on the Subject, does not appear. It is not discovered that there are any documents in Support oS it at King's College or at Eton, and the prerogative court at Canter bury, as well as the registries oS the dioceSes oS London, Chef- ter, and Litchfield, where' alone there is any probability oS its being registered, have been Searched in vain Sor bifhop Blythe's will. Within the memory oS perSons now living, it was a part of the ceremony at the montem, that a boy dreffed in a clerical' habit, with a wig, fhould read prayers. The cuftoiji of hunt ing a ram, by the Eton fcholars, on Saturday in the election week, fuppofed to have been an ancient tenure, was abolifhed by the late provoft, Dr. Cooke. Eton- College confifts of two quadrangles. In the firft is the fchool, the chapel, and lodgings for the mafters and Scholars. The other is occupied by the library, the provoft's lodgings, and the apartments oS the fellows. The Chapel, as far as relates fo its external appearance, is a very handfome Gothic Structure ; the infidehas noneoS that ornamental architecture, So much ad mired in King's College chapel at Cambridge, to which this has Sometimes been compared, but is quite plain, and has been much disfigured by Some injudicious alterations, which v/ere made in the beginning oS thelaft century, when Several of the old mo numents were removed, and others concealed behind the wainfcot then placed at the eaft end, by which alfo was hid a Gothic altar-piece of ftone enriched with niches. The whole length of the chapel is 175 feet, including the ante-chapel, which is 62 feet. The Library of Eton College contains a large and valuable collection of books, having been from time to time enriched by munificent bequefts, particularly by the library of Dr. Wad- dington, bifhop of Chefter, confiding chiefly oS divinity ; that oS Mr. Mann, mafter oS the Charter-HouSe ; that of Richard Topham, Efq. formerly keeper of his Majefty's Records in the Tower, chiefly remarkable for its fine edition of the claffics ; and that of the late Anthony Storer, Efq. containing a great number of early printed and rare books in various departments of literature, a fine SetoS Aldus's, and many Scarce editions oSthe claffics, particularly a very rare copy of Macrobius, and a large collection of engraved portraits and other valuable prints, '' ex* clufive of what had been bound up at great expence, with va rious THE ARTS AND.SCIENCES. 77 rious hiftorical and topographical works, which forrried part of his library. Mr. Topham's collection comprifes alfo fome very valuable engravings, drawings by the ojd mafters, medals, &c. Mr. Hetherington alfo bequeathed the Sum oS 500 /. to be ex- oended in books. Westminster. The School of Weftminfter was Sounded by queen Elizabeth in 1560, for the education of forty boys, denominated the Queen's Scholars ; who are ta,ught in the beft manner preparatory to the univerfity. It is fituated within the walls of the abbey, and does not occupy an entire building, the lower (lory being uSed Sor other purpoSes. It is Sepa rated into two divifions or Schools, comprising Seven forms or claffes. Befides the Scholars on the foundation, many of the Mobility and gentry fend their fons to Weftminfter for instruc tion, fo that this establishment vies with Eton in celebrity and reSpeCtability. They have an upper and an under mafter, with numerous affiftants. OS theSe mafters many have been emi nent in the walks of literature, but none in this, or any other Seminary So celebrated as Dr. Bufby. His Severity of discipline forms the Subject of various facetious anecdotes, and has made his name proverbial ; but while England records with pride the names of her learned and able men, juftice will always be done to the ability, induftry, and difcernment of Bufby, who difco- vered with infinite Sagacity the peculiar talents of his pupils, and with unremitting affiduity urged them forward in thofe paths where they were moft likely to meet with fame and advantage, Winchester. The fchool at Winchefter was founded by that liberal patron of learning, William of Wickham, who laid the firft ftone in 1387, and finifhed it in 1393, with endowments for a warden, feventy fcholars, ten fellows, or perpetual chap lains, two mafters, feventy fcholars, three chaplains, three clerks, one organift, Sixteen chorifters, and other ftatutable Ser vants, v/ith exhibitions to New College, Oxford. This School alSo receives private Scholars, and maintains a high character. Harrow. The Free School at Harrow, which now ranks among the firft public Seminaries in the kingdom, was Sounded in the reign of Queen Elizabeth, by John Lyon, a wealthy yeo man of Prefton, who had previoufly for many years appropriated 20 mirks per ann. to teaching poor children. In 1590, two years before his death, he drew up a fet of ftatutes for the fchool, with full inftructions for the difpofal of the eltates which he intended to. appropriate to various charitable ufes. In thefe papers he mentions his intention of building a fchool- houfe, with habitations Sor the mafter and ufher; and directs the fum of 300/. to be expended for that purpofe within three years after his deceafe, provided he fhould die without having completed this intention. The ftatutes are drawn up with much -t tent ion 78 LEARNING; attention and precision, the number of forms are Specified ; the books and exercifes for each form are chalked out ; the mode of correction fettled ; the hours of attending fchool ; the vaca tions and play-days, and the nature of the fcholars' amufements, which are confined to " driving a top, toffing a hand -ball, run- " ning, and fhooting." The laft mentioried diverfion Was in a manner infilled upon by the founder, who required all parents to furnifh their children with " bowftrings, fhafts and breafters, " to exercife fliooting." It Was cuftomary, till within the laft thirty years, Sor the Scholars of Harrow to have a public exhibi tion of archery annually on the 4th of Auguft, when they fhot for a filver arrow. Since this cuftom has been laid afide, pub lic Speeches have been exhibited. The Sounder directs, that a competent number of poor fcholars fhall be educated freely, but allows the mafter to take other children for his profit, without any other limitation than the difcretion of the governors ; lie adds a lingular claufe, that the mafter Shall not receive any girls into the School. The Sum of 20 /. was allotted for the fupport of four exhibitioners, two in Gonville and Caius College at Cambridge, the others at any college at Oxford. In choofing the exhibitioners, the preference is to be given to his own kin, to natives of Harrow, " arid fuch as are moft meete for toward- nefs, poverty, or painfulnefs." Thefe exhibitions, which are held for eight years, have been raifed, in confequence of the improved value of the eftates, to 20/. per annum each. The governors were to be fix in number, to have a common feal, to fuperintend the management of the Founder's eftates, to elect die fchool-mafter and ufher, the Surveyors, &c. ; and, jointly with the mafter, to make any diScretionary alterations for the advantage of the fchool. The reputation of Harrow School was raifed to a great height by Dr. Thackeray and Dr. Sumner, particularly the latter, who was an excellent claffical fcholar, and celebrated for the elegance of his Latin composi tions; under him many of the prefent nobility, and fome of the moft diftinguifhed characters of the age for genius and learning, received their education. The fchool ftill keeps its reputation and its numbers, which are ufually upon an average about 150. Charter House. The name of this establishment is deriv ed, by an eaSy and evident corruption, from Chartreufe, the place in which it is Situated having been a convent of Carthu- fian Monks, founded near Smithfield-bars, London, on a fpot which ferved for the Sepulture of 50,000 perfons who died of the plague in 1372. This eftablifhment was feized on by the griping rapacity of Henry VIII., and the monks, who appear to have been benevolent and bkimelefs, were treated with great in- " dignity THE ARTS AND SCIENCES. 79 dignity and Cruelty. Henry granted this firft eftate to John Brydges and Thomas Hale, and three years afterwards to Sir Edward North, who made compenfation to the former grantees by a rent charge of 10/. per annum. From him it paffed through various hands, until, in the. reign of Elizabeth, it be longed to the Duke of Norfolk, who was attainted of high trea- fon, but the queen reftored the eftate to his Son, who was in high eftimation with. James I. In the reign of this monarch arofe one of thofe extraordinary men, who Shew that it. is pof- fible for a virtuous mind to refill all the corrupt propensities arifing from unbounded wealth and uninterrupted fuccefs. This individual was Thomas Sutton, of an ancient family in Lincolnfhire, who having originally a good inheritance, and having improved his property till it exceeded 80,600 /. a vaft fum in thofe days, diftinguifhed his declining years by acts of benevolence and charity. On the 9th of May 161 1, he pur chafed of the heirs of the Duke of Norfolk the Charter-Houle with its appurtenances for 13,000/. and on the 23d of June Ai the fame year, obtained letters patent, with a licence in mortmain, to found an hofpitaKand free fchool there. This admirable charity was perfected under the directions of his . will ; making a total expence of 20,000 /. ; and the founder left eftates for its endowment valued at 4,500/. per annum. The hofpital is a comfortable and refpedtable eftablifhment for eighty friendlefs, unmarried old men; and although republican rapacity in the days of the- rebellion diminifhed for a time its revenues, the fame number is ftill maintained ; they are plenti fully fupplied with all neceffaries, except apparel, in lieu of which they receive a gown and 7/. per annum ; they refide in handfome and well furnifhed apartments. The fcholars have handfome lodgings, are inftriicted in claf- fical and other learning, and fupplied with all the neceffaries of life ; and the ftudents at the univerfities have an allowance of 20 /. per annum each, for the term of eight years. The boys who are incapable of being brought up fcholars, are put out apprentices, and the fum of 40 /. given with eachyand there are nine ecelefiaftical preferments in the patronage of the governors. The governors are enabled, by the patent, to receive charitable donations from any perfon inclined to bellow them on the hof- .pital and free fchool, the latter to have as many fcholars as the governors choofe to admit, to be under the tuition of a mafter and ufher. Their morals and religious conduct are placed, to gether wich that of the penfioners, &c. under the guidance of a preacher. The whole inftitution is governed, under certain reftridtions, by a mafter, who is always a governor. The go vernors are fifteen in number, and include the King and Queen, " the So LEARNING ; the Lord Chancellor,- many of the higheft nobility and firft officers of ftate. St. Paul's School. That there was a very ancient efta- blifhment of a fchool at St. Paul's, London, is manifeft by. the charter of Richard, bifhop of London, in the time of Henry I. who granted to one Hugh, the fchool-mader, and his fucceffors in that employment, the habitation oS Durandus at the corner of the turret, (that is, the clochier, or bell towerj, where Wil liam, dean pf St. Paul's, had placed him, by his the faid bifhop's command ; together with the cuftody oS the library belonging to this church. The chancellor oS St. Paul's was vefted, not only with the direction of affairs relating ' to teaching at the church, but was abfolute over the few who taught in London. Henry de Blois, bifhop of Winchefter, iffued his mandate, now at St. Paul's, directing that no perfon fhould prefume to teach within London, without licence from Henry, then mafter, ex cept the mafters of St. Mary-le-Bow aud St. Martin's-le-Grand, under pain of excommunication. The appointments were made by the chancellor, but the dean and chapter only could give the mafter poffeffion ; who was to be fober, honeft, and learned ; in fliort, one whofe tenor of living would be an example for his fcholars ; a teacher, not only of grammar, but of virtue, " Eis non folum grammaticet , fed etiam virtutis magifier." Such, was the ancient School, dedicated fo the honour of St. Paul ; and fuch tjhe foundation on which Dean Colet erected the prefent flourifhing feminary. Erafmus has afforded a mi nute account and: defcription of the fchool, which Dr. Knight tranflated from the Latin, for.his excellent hiftory of the foun dation, as follows : " Upon the death of his father, when, by right of inheritance, he was poffeffed of a good fum of money, left the keeping of it Should corrupt his mind, and turn it too much toward the world, he laid out a great part of it in building a new School, in the church-yard oS St. Paul's ; dedi cated to the child JeSus ; a magnificent fabrick, to which he added two dwelling-houfes for the two feveral mafters, and to them he allotted ample Salaries, that they might teach a certain number of boys free, and for the fake of charity. He divided the fchool into four apartments : the firft, viz. the porch and en trance, is for the catecumens, or the children to be inftruCted in the principles of religion ; where no child is to be admitted but what can read and write. The fecond apartment is for the lower boys ; to be taught by the fecond mafter, or ufher. The third for the upper forms ; under the head mafter. Which two parts of the fchool are divided by a curtain to be drawn at plea- Sure. Over the mafter's chair is an image of the child Jefus, of admirable work,, in the gefture of teaching; whom all the boys, 7 THE ARTS AND SCIENCES. 8i boys, going, and comingj falute with a fliort hymn; And there is a reprefentation of God the Father, faying, " Hear ye Him,'* thefe words being written at my fuggeftion. The fourth or laft apartment, is a little chapel for divine fervice: The fchool has no corners or hidjng-places, nothing like a cell or clofe't. The boys have their diftindt forms or benches, one above another. Every form holds fixteen ; and he that is head or captain of each form, has a little kind of defk, by way pf pre-eminence. They are not to admit all boys of coutfe ; but to choofe them in according to their parts and capacities." The wife and fagacious founder faw that the greateft hopes and happinefs of the commonwealth were in the. training up of children to good letters and true religion ; for which noble purpofe, he laid out an immenfe fum of money ; and yet he would admit of no one to bear a fhare in this expence. Some perfon having left a legacy of 100X. Sterling; towards the fabriqk of the fchool, Dean Colet perceived a defign in it; and, by leave of the bifhop, got that money to be laid out upon the veftments of the church, of St. Paul. After he had finifhed .all, he ,left the perpetual care and over-fight of the eftate, and government of it, not to the clergy, not to the bifhops, not to the chapter, not to any great minister at court, but arnongft the married laymen; to the 'Company of Mercers, men of probity and reputation. And when he was afked the reafon of fo com mitting this truft, he anfwered to this effect, " That there was no abfolute certainty in human affairs ; but, for his part, he found lefs corruption in fuch a body of citizens than in any other order or degree of mankind." The worthy dean prefaces his ftatutes by expreffing ari ardent wifh, that children fhould be taught regularity of conduct, and a knowledge of literature. That he might perform his part, he" refolved to found this fchool of St. Paul's, for one hundred and fifty-three children. He appoints the Company of Mercers pa trons, governors, and defenders ; and for the governance of the ftudents, a mafter, a fur-mafter, and a chaplain, with Sufficient Salaries, for ever. The office of high mafter requiring great abilities in its pof- feffor, ¦ he very juftly defines what are the qualifications necef- fary : " A man whole in body, honeft, and virtuous ; learned in pure Latin, and Greek; a man either fihgle or married ; a priefl, with no benefice with cure, or any impediment which might prevent or divert his attention from the duties of his Situ ation. Such a man is to be chofen by the Company of Mer cers, in the School,, during good conduct ; which is to Jbe ex amined into on Candlemas-day, at the fchool. The Mercers are forbid to perrnit the mafter's abfence without thejjrjicence;; Vol. III. G and 8s LEARNING*; - v and any'diffenfion between him and the fur-mafter is to be re ferred to the furveyprs being for that year. His lodgings were to confift of the whole (lory over the hall and chambers; and a little middle chamber in the houfe roof, now called a garret, and a gallery, with all the cellar beneath the hall, the kitchen, and buttery. He received his furniture, and his wages were a mark per week, with a gown annually, of four nobles Value ; but in confequence of the improved rents of the fchool eftates, and in confideration of the dimiriifhed value of money, this, and all the other Salaries are now greatly increaSed. The mafter was indulged by the doctor with a vacation of thirty days, conjunc- tim or ¦ divifim. When ill of an incurable difeafe, or far1 ad vanced in age, he was to be difrhiffed with a pcnfion of io/. ; but if he refigned voluntarily; a twelve month's nptice was re quired. If the mafter had a hope of convalefcence in illnefs, his falary was continued, and the fur-mader officiated for him ; . for which he had a reafonable compenfation from the high- mader. Upon his demife the Sur-mader to be chofen in pre ference to other candidates. The dean bedowed his houfe at Stepney on the office. The attainments of the fur-mafter are required by the dean to be equal to thofe of the high-mafter, and he velts his appointment in that officer. --The Surveyors attended at the School, when the mafter prefented his affiftant tb them, and they jointly charged him to execute his duty faithfully, on pain of difmiffion. He lodged in the Old Change, and his Salary was 6s. &d. per week, with a gown like the high-matter's. He was to dine with him, if convenient; and when decay and age rendered the fur-mafter unfit for the ofc- fice, the worthy dean recommended him to the charity of the Company of Mercers. H^s notice of refignation was fix -months only. If both mafters were ill of any contagious diforder, the founder orders the fchool to be fhut, and the Salaries of each continued. Neither of therri is permitted by the ftatutes. to enjoy leCturefhips or profeffor.fhips. The chaplain was to be an honed virtuous pried, appointed by the Mercers ; he wars alfo to learn, or if learned, help to teach in the fchool. ' The dean requires that the chaplain '.fhould have no preferment or other occupation ; that "he teach the children their catechifm, and, indrudt them in tho articles of the faith and commandments in Englifij. He was- to hold his office only during good behaviour, and to have but one va cation in the year, and that not without perrniffipn from the Surveyors; to be clear of all difeafes when chofen ; but to en joy his falary of S /. during illnefs. His gown was valued at 26 s. 8 d. ; and he lodged either with the mader, or in the Old-chain. - The THE ARTS AND SCIENCES. 83 The dean permits the children admitted to be of any nation, and, rhentions that they muft previoufly read, write, and be capable of repeating their catechifms. The high-mafter is per mitted to receive 153 (alluding to the number of fifh taken by St. Peter) ; with the trifling fum of four-pence, adniiffion-mo- ney, which he Orders to be given to a poor. Scholar who Swept the School. Each child finds his own candles of wax, for thofe of 'tallow are exprefsly rejected'. He direfts that one fcholar fhall prefide at every form; and that the teaching commence at feven in the morning, continue till eleven, recommence arfone, and terminate for the day at five ; with prayers in the morning, noon, and evening. ¦ The ftatutes. comprize minute directions for the inftruCtion of the- children^ and appoint furveyors and a renter, and give to them and fome other officers their, fees and falaries ; and, finally, dean Colet folemnly charges the Cprripany of Mercers to guard and promote 'the interests of the foundation for ever, to the utmoft of their ability, as they fear the juft vengeance of God for neglecting them ; and to make fuch other regula tions for the governance of the fchool as time and circum stances rriay render neceffary, with the advice and afliftance of good, lettered, and learned men. x To . this valuable Seminary belong twenty-Seven exhibitions. The captain oS the School leaves it atEafter, with an exhibition, which is not confined to any particular college, amounting to 40/. per annum for four years, and 50/. for three fucceeding years. This is tenable with any collegiate preferment except a fellowfhip. .Two of the exhibitions are for St. John's, Cam bridge, at 10/. each. The Cambridge Univerfity Calendar Says, p. 112., under Trinity college, " Five (exhibitions), Mr. Perry, 10/. per annum each, to Scholars Srom St. Paul's fchool, London. If the number is incomplete, the 50/. is Shared equally, between them." And in page 78,, Bene't col lege, " One 1 78 1, by James Stock, efq. ; patrpns, the governors of St. Paul's fchool : value 30/. a year, with the accumulation during a vacancy, except 15/. paid to the college, appropriated to a (ludent at St. Paul's fchool." Merchant Taylor's School. This establishment is- fitu ated on the declivity of a hill on the eaftern fide of Suffolk-lane, - Thames-Street, London. It is a large plain brick building, with an unoniamented Sront ; and was Sounded by the company whoSe name it bears, in the year 1561. The Site, called the marior of the RoSe, was purchafed by the company, affifted' with a dona- 1 tion of 500/. from Richard Hills,, who had ferved the office of -mafter, The ftatutes of this fchool ordain* that 306 fcholars, of which it confided^ fhould be educated: on the following G x- terrhs, 84 LEARNING;. terms, — 100 for $s. per quarter,, ,50 at 2s. 6d. and the re mainder gratis; who were prepared for the univerfity by the fkill and attention of a mafter and three ufhers. As many eminent and learned men have filled thofe Situations, the infti tution has profpered during two centuries and a half, and will, in all probability, for ages to corner During the above long period, numbers of ufefiil and ornamental members of fociety nave benefitted their country through the medium of Merchant Taylor's fchool. The original edifice perifhed, with every houfe in the parifh, by the fire of, 1666, and was rebuilt with them. In defcribing St, John's college, Oxford, mention was made of the munificence of Sir Thomas White, in providing fa many fellowfhips for fcholars educated at Merchant Taylor's. The above are the principal free-fchools which fend ftudents to either univerfity ; but befides them there are many others founded by general benefactors in all parts of the kingdom, fome of which ' alfo fend ftudents to Oxford or Cambridge ; but all are for the purpofe of imparting the principles of ufeful education. . Only to enumerate thefe would be fwelling this work with an ufelefs catalogue, while even a moderate com memoration of the various founders and benefactors would extend beyond all reafonable bounds. Christ's Hospital. But while a general enumeration of free-fchools is avoided, it would be unjuftifiable to pafs over that of Chrifi's Hofpital, commonly called' the Blue-coat-fchool, which, for its antiquity, extent, and high character, demands cfpeciaf notice. This excellent foundation owes its eftablifhment to the piety and virtue of that ornament of the Britifh throne, Edward VI. With a mind formed for the exercife of humanity and charity, this excellent prince had the good fortune to have fome perfons near him who were inclined to direct and -expand that difpo- fition. In this particular inftance Dr. Ridley, bifhop of Lon don, had the lingular and enviable felicity of fuggeftmg before the king, .in a fermon preached at Weftminfter, the imperious demands of poverty upon the attention and commiferation of the powerful and rich. Thofe Suggestions made a deep and powerful . impreffion on the youthful Sovereign, who waited with impatience for the time when . he could impart- in re tirement the unpulfes of his generous mind to the worthy bifhop. This moment at length arrived. The youthful mo narch received, the venerable prelate in his cloSet, and with dignified humility infilled on his being Seated and covered, thanked him for his fermon, and appropriating to himfelS the leading Subject of it, intreated directions how he fhould com mence the great operations of' charity and benevolence. " Truly, THE ARTS AND SCIENCES. 8j « Truly, truly," exclaimed the good Ridley, " I could never have thought that excellency to have been in his Grace, but that I heheld and heard it in him." The bifhop advifed the king to addrefs letters to the corporation of London, announcing his intentions, and foliciting their advice, to which he would chear- fully add his' own. Sir Richard Dobbs, the lord mayor, loft no time in affembfing fuch men as were likely, with Ridley, to forward the work of benevolence. The refult of their con ferences was,a general report to the king on the ftate and con dition of the poor, and the beft means of relief and reform. They were divided into three claffe's ; the poor by impo'tency, by cafualty, and the thriftlefs poor. For the innocent and fatherlefs, they obferved they had provided Chrift's Hofpital, late the Grey Friars, in London; for the wounded and dif- eafed, the hofpitals pf St, Thomas and St.' Bartholomew ; and for. the idle and. yagabond, Bridewell, where they might be chaftifed arid cofripelled to labour. Decayed houfehcfders, and the poor afflicted. with incurable difeaSes, were to be re lieved at their own homes." " Now after "this good order taken," an old author proceeds, " and the citizens, by fuch means as were devifed, willing to further the fame, the report thereof 'was made to the king's majefty, and his grade, fpr the advancement thereof, was not only willing to grant fuch as Should be overfeers and governors of the Said houSes, a corporation, and authority for the govern ment of them ; but alfo required that he might be accounted as the chief founder and patron thereof, , Arid fpr the further- ante of the faid work, and continual maintenance of the fame, he, of his mere mercy and goodnefs, granted, that whereas, before, certain lands were given to the maintaining of the houfe of the Savoy, founded by Henry VII. for the lodging of pilgrims and ftrangers, and that the fame was now made but a lodging for loiterers, vagabonds, and ftrumpets, that lay all day in the fields, and at night were harboured there, which was rather the maintenance of beggary, than any relief to the poor ; he gave the fame lands, being firft furfendered by the mafter and fellows there, which lands were of the yearly value of 600/. unto the city of- London, for the maintenance of the foundation aforefaid. And, for a- further relief, a petition be ing made to the king's majefty, for a licence to take in mort main, or otherwife, without licence, lands to a certain yearly value ; and a fpace left in the "patent for his grace to put in what fum it would pleafe him : He, lopking on the void place, called for pen and ink, and with his own hand wrote this furn, 4000 marks by the year; and then faid, in1 the hearing of his council, " Lord, I yield thee mod hearty thanks, that thou G 3 « -fcafk 86 LEARNING; " haft given me life, thus long, to finifh this work to the glory " of thy name." After which foundation edablifhed, he lived not above two days ; whofe liSe would, have been wifhed equal to the patriarchs, iS it had pleafed God So to have prolonged it. This excellent young monarch made other donations for the benefit of Chrift's Hofpital, and many of his Subjects at different times contributed to its perfection by liberal gifts and-bequefts, and by the erection of walls, rooms, and other neceffary buildings. The eftablifhment at firft founded,, confided only of a gramT mar fchool for boysf, gnd a feparate fchool for girls, where they were "taught to read, Sew, and mark. In addition to thefe Charles II. founded 'a mathematical fchool and ward, lying on the weft part of the hofpital, for the instruction of forty bbys Jn the : mathematics, efpecially in that parf of it that reSpects navigation, and liberally endowed it with iooo/. a year, paid put of the exchequer for Seven years. The mayor and cprporation of London are directors and promoters of the indit.ution, and the whole community of Great Britain have the valuable privilege and opportunity of carrying on this glorious work. The contributions made during two centuries, and a half, cannot be particularized, but their effeCts.are thus abdraCted from one of the annual reports. " Children put forth apprentices, and difcharged from .Chrift's Hofpital, the year laft pad, 194; eleven whereof,' being iri,- StruCted in the mathematics and navigation, were placed forth apprentices to commanders of fhips, put of the mathematical School, Sounded by his late majefty Charles II. of bleffed memory. Children buried the year laft pad, .five. Children now under' the care and charge of the hofpital, in London arid at Hertford, 1047! To be admitted on presentations granted to this time, 140. „ The'names oS all \^hich, as alSo when and whence they were admitted, will appear in-the Said hoSpital books. Officers. The government oS this excellent charity is committed to Several officers, oS whom, and the effect s of their care, the following account is given by Mr. Malcolm, in his work called Londinum Redivivum. The Prefident affembles the governors to form a general court, whofe authority is delegated, when he is indifppSed, to the treaSurer, Sor this purpoSe, under the direction of a com-, mittee of almoners. His functions are fimilar to thofe which belong to every inftitution governed by fuch an officer. 1 he Governor, aSter his appointment, is addreffed, in full court, in the fnoft impreffive manner, \tnd required to perform the THE ARTS AND SCIENCES. 87 the- duties, of the., flation faithfully and diligently. He is re minded that he is become a diftributor of the good things of the Almighty to many helplefs children and others; and that any neglect or mifconduct will prove him a mod unworthy Servant, and vitally injure the fair fame of the city of London. He is then fplemnly required to promife, in pretence of the" affembly, that the work may be brojight to perfection, and that the infants committed in Some degree to his care, fhall be well provided for, . attended, and instructed. The Treafurer receives and "pays all 1'ums appropriated to the relief- and comfort of the children within the hofpital ; oS which he keeps. an account, to be inSpeCted by the auditors at plea- fure, and' to whom he is to 'produce the cafh remaining in his cuftody^ ; His annual accounts are made in December, and de livered before .February 10. To relieve the fatigues of this office, a Receiver, is appointed, who aCts'by the Treasurer's or ders. This officer is expected tp render a weekly account of his tranfadtions, pr oftener if the , treafurer thinks proper, who is empowered to leave any fum between, 100/. and" 1000 /, in the receiver's hands for immediate'. demands, and to deliver money fo him as exigencies require. The treafurer receives, within a month after his appointment, an inventory of every article ufed for the hpfpitnl in the cuftody' of the clerk of the wardrobe, and of every other officer, vrtiich are indented. One part is kept by the treafurer, the other by the perfon " charged." From thofe he annually examines each article, acting as the circumftances ariSe. Colletlors for the hofpital are Subject to his controul, and all the officers, male and female, may be re primanded by him, or reported to a general court for any great omiffions. The treafurer is not to make payments for pro vifions, goods delivered, or work done, before the bills are ex amined and figned by three members of the committee ; ex cepting for nurfing of children, penfions, wages, fees, coals, and goods purchafed by wholefa-le, and on which a difcount is made,. The treafurer and two almoners order all neceffaries for the children, which are, linen, woollen, fhoes, ftockings, caps, girdles, books, bread, meat, beer, butter, cheefe, milk, coals, &c. Thofe are tp be provided in due time and at rea"- fonable prices. The treafurer is befides tp enforce the orders of the houfe, fummon the feveral committees, and to prefide at them in the president's abfence ;'' and, Iaftly, to give notice to the court of the withdrawing any fums granted for the maintenance of the -houfe, which appear likely to injure it.. When a Governor becomes a Committee-man, he receives a charge Something fimilar to that firft. mentioned,^ and is re quired to attend when fummoned ' by the prefident, treafurer, G 4 or 88 LEARNING i or any five members, eSpecially the monthly cfimmittee*, " uSua) holidays excepted," and thofe held within fix weeks after Lady-day and Michaelmas. When prefent, he is to ex-. amine the minutes entered by the clerk, Teftore omiffidns, and, rectify errors, A Governor, as Auditor, is to inquire as to the capability qf gentlemen nominated for governors, whofe qualifications an£ Submitted to him by a general court. He infpects the annual5 general account, and others, and reports to the court the State of the hofpital. A Governor, as Rentor, when Summoned^ attends all views, and affifts the treaSurer and other governors with hi$ judgment as to the value of eftates or houfes belonging to the hofpital, and iri making a true report to the next committee ; affifts in letting them to tenants at will, or uppn leafe, with due atten tion to the uSual forrns upon fuch occafions ; and, when ex pedient, to order repairs, the particulars of which aire entered in books, and Submitted to the court. He is " to be careful that none of the hofpital's leafes are afiigned to paupers, or other improper perfons, and that no incroachrpeht be made on any part of the hofpital's eftates." A Governor, as Almoner, examines the qualifications of children prefented for admiffiori ; and is enjoined that none are received contrary to the regulations in force ; fo be particularly careful that they are legitimate, and that their parents are not perfons in profperous circumftarices. The almoner examines into the Slate oS the houfes in town and country, and the num ber oS children within thern, ufing his beft endeavours that no more are admitted than can be comfortably Supported by the cer tain revenues oS the foundation, arid commodioufly lodged at the rate of two in a bed. He attends thp vifitations at the dated periods of the feveral fchools, to be Satisfied Srom his own observation, &nd Srom the report oS the gentlemen who kindly affift in the examination of the children, that the Seve ral mafters perform the duties prefcribed in their Several charges, and obServe at convenient periods the general conduct of , the children, when under the direction of the officers ap pointed to Superintend them in the intervals between fchool- hpurs. Several of the duties of this office have already been noticed ; in addition to which, the almoner vifits the Greai Hall occafionally, at the hours of refreshment, in order to ob- ferve whether the provifions are good, properly dreffed, and clean. ' The wards in the fame manner are fubjeCt to his in spection, for the purpofe of fecuring proper attendance, the furnifhing hecefTanes, and cleanliriefs of rooms, beds, and tlothing. The THE ARTS AND SCIENCES. Sj> The Almoner affifts in distributing, with benevolence and im partiality, the penfions and gifts in the difpofal of the almoners, preferring the moft deferving objects ; and propofes to a full •committee any regulations conducive to, the welfare of this royal, extenfive, and moft ufeful inftitution. The Phyfician on a vacancy is appointed by a general court. The Surgeon attends, when fummoned, all courts and com mittees, when children are admitted, in order' to examine them, that none who have infectious diforders may be received, or that he may pronounce incurable if difeafed. He is required to report any "Child to the almohers whom he may difcover fo fituated after admiffion, to vifit the hofpital daily, to attend thofe who may meet wi.th fudden cafualties. Thi.s officer and phyfi- cian are forbid to receive any Other remuneration than their Hated falaries. The Apothecary is charged to refide conftantly ip the apart ments affigned him at the hofpital, and to attend no perfon whatever who is not an inmate of it. He is not to be abfent one day or one night without good caufe ; nor then, without permiffion from the treafurer, or a committee of almoners. He provides, at the expence . of the inftitution, fuch of the beft drugs and medicines as the phyfician judges neceffary to be ufet}, with care, and exclufively for the hofpital, the re- fident officers, their families and fervants ; attends the phy fician to the fiek ward, and other inmates; and prepares, and administers his prescriptions ; and may act to the beft of his Judgment in that officer's unavoidable abfonce, provided his proceedings are Submitted to him on his return as foon as poflible. The Nurfe of the lick ward receives a folemn exhortation, exciting her to particular humanity and t'endernefs to the unfor tunates committed to her care. She is to receive all children Brought to her by the feveral riurfes on account of jndifpofition or lamenefs ; to whom fhe gives her beft affiftance till fhe ob tains the direction of thofe who profefs the art of healing. This perfon is allowed two affiftants, whofe wages are paid by the houfe ; and fhe is required not to procure any thing for the children, in addition to the ufual allowance of the houfe, unlefs directed by the phyfician. She administers medicines prescrib ed, and declares their effects"; obeys the orders of the matron as to the cleanlinefs and comfort of the children ; and thofe of the Jteivard for their government ; and, when it can be done with- ¦ out disturbing the fick, or fatiguing the weak, a child is appoint ed to read a chapter from 'the bible, and that part of the form of prayer ufed in the houfe which is fuited to the hour of the day. She prevents the children frorri playing at cards, dice, unlawful "- •- ' -or 9° LEARNING; or hurtful games ; keeps them calm and quiet, within the wards or adjoining courts, and fummonfes .before her, at uncertain hours,. the children under her care, and thofe who take phyfic, three times daily ; calls over their names, which .She delivers to the Steward, noticing the abferitees at each. call. This nurfe, is never to be from her ftation without perrniffipn. She. keeps a book, in which ate registered the names pf the, children, when they came into her care, their leaving it, what their difordets ; and, upon a death occurring, gives notice in writing, irnmediate- ly, at the counting-houfe. She is befides to attend divine Ser vice at Chrift Church,, in her blue livery, as often as the nature". of her Situation will admit. Th<* Clerk attends in the hoSpital, and enters the minutes of. proceedings in different books,;, one Sor thofe of the general court, another for committees, a third for the names of all chil dren admitted,- with that of their father, the parifh to which, he belongs, the period of admiffion, the name of the governor who prefents, and the date and name . of . the parent or friend by whom a child is difcharged. An apprentice book, for the name, refidence and profeffion, with the amount of fees given to mafters or miftreffes with each child ; a fifth for the names of nurfes in the country, "their refidence, how many children diey keep, their names, and what is paid or due to them ; ano- ther? to record the Survey of houfes or lands belonging to the hofpital, with the names of the Governors prefent at the views ; a bopk for estimates, in which is to be entered an ac- _ count of repairs neceffary for places in treaty for leafe, or are- advertifed to be let ; a will-book, or regifter of bequefts to the hofpital ; another for benefaCtions ; one for plans of eftates ; another for fchedules of fixtures ; a book for. contracts widv hofpital tenants, to be figned' by them ; and many otheVs, de-. monftrative of the extreme regularity with which bufinefs is conducted at Chrift's HoSpital. The Receiver waits at the counting-houfe every day, except ing the uSual holidays, Srom nine o'clock till three, Sor the pur- poSe of paying and receiving money ; the particulars of which' he enters in feveral books. The Wardrobe-keeper and his affiftant, keep an account of all the kerfias, cottons., linens, cloth, Shoes, ftpckings, caps, &c. bought for the ufe of the children, and when and to whom they are delivered, which is rendered to the auditors annually. He attends at the counting-hpufe at the above hours, to affift in the bufinefs of the day. ., The office of Colletlor is understood from the name. The children of the, grammar-fchool are examined in the months pf March and September, by, an experienced perfon, who THE ARTS AND! SCIENCES. 9i who is appointed by. the governors. The upper and under maf ters commence teaching at feven in the morning, from March i to November i; and at eight the remainderof the year, difmifij the boys at eleven, begin at one, and conclude at five, or at four in the winter." No child is to be taught Latin till he can read Englifh perfectly, and write well, the. latter language grammatically. The upper mafter examines the under-rriaS- ter's highelt form7 twice yearly, and takes thence fuch as he judges ready for.his inftructions. A catalogue of the children, with their forms, is called over morning and afternoon, and a copy delivered at the counting-* houfe previous to each vifitation by the Committee ; and the mafters are required to obferve the dref9 of their fcholars as to their cleanlinefs, and thp propriety of their demeanour, who are not to.be difmiffed till the bell rings for that purpofe. The ho lidays allowed, are, 1 1 days at Eafter, including Sundays, one week at Whitfuntide, at- Bartholomew tide three weeks,, at Chriftmas 15 days, and the ufual faint days, &c. The Catechifer. teaches the children the fundamental points of religion three times each week, and at other times vifits the wards for thelnftruction oSthe inmates. The Englifh Reading-ma/ler. is authorised to affemble all the children belonging to apy. two wards in the grammar-School, from eleven to twelve o'clock, three times a-week, in order to ob tain a knowledge of their progrefs. By this means every child in the twelve wards is examined once iri fourteen days. - He may Substitute for this purpofe, under his own obfervation, any boy , intended for the Univerfity ; and appoints a Marker in the fe veral wards, who is to obferve and correct miftakes in the reading of prayers, &c. who reads himfelf occasionally for ex ample. If the marker is approved of for his diligence, he re-- ceives a filver medal of the Sounder. There are two Writing-mafiers , whoSe labours commence and terminate as before-mentioned, ' and two UJhers. .All children are admitted by order from the Committee and Treafurer, figned by the chief clerk. The mafters Supply the boys with neceffaries Sor their ftudies at discretion, but jender a half-yearly account- A committee of almoners examines the performances of boys at pleafure, and the ftriCteft injunctions are given to prevent partiality, either voluntarily or bribed, to particular lads, who are punifhed by fhame, more than corporal Suffering, for. neglect or naiSconduCt. In other refpedts they are governed as in the grammar-fchool. In the mathematical fchool, the hours for- teaching are as be fore, and the fynopfis as follows : ' I. Decimal^ 92. : "LEARNING f ' I. Decimal, fexagefimal, and logarithmetical, arithmetic, the extraction of roots, and firft principles of vulgar fractions. II. The ufual methods of finding the golden number, .epact, the moon's age, the time of her Southing, and alfo the time of high 'water in any port. III.' The principles of geometry in the conftrudtion of fuch problems as are ufeful and neceffary in the following articles. IV. Plane and Spherical trigonometry in the reSolution of all the various cafes' of rectangular and oblique -angular triangles. , V. The ufe of the terreftrial globe in finding the latitudes and longitudes of places, their angle of pofition, and the diftance between them. Alfo the ufe of the celeftial globe in finding the latitudes, longitudes, right afcenfions, declinations, amplitudes, azimuths, and altitudes of the fun, moon, or fixed ftars ; together with the times Af their riling, fetting, and culminating. . / VL Plane-failing ; namely, the working of. traverfes, the refolution oS all plane failing questions; with their application to failing in currents apd turning to windward. VII. Mercator's and middle latitude failing, exemplified in the reSolution of all the uSual queftions. VIII. Projection of the fphere : and the application of fphe- rical trigonpmetry in, the refolution of Such queftions inaftto-t nomy as are neceffary in finding the amplitudes, azimuths, al titudes, right afcenfions, declinations, and angular diftances; of the- fun, mdon, and fixed ftars. IX. The doctrine of parallaxes ; and the1 method of coiri- puting their effects on the altitudes and angular diftances of ce#- leftial objects. X. The uSe of instruments proper for pbferving the alti tudes, azimuths, and angular diftances, of the fun, moon, and ftars ; Such as the quadrant, and amplitude, and azimuth, cfomr paSs : ytith the ufe "of the obfervations in finding the variation of the compafs, the latitude a Ship is in, as well from the meri dional altitudes of the fun, moon, and ftars, as by means of two altitudes of the fun, and the time which elapfes between the observations ; alSo in finding the longitude of the Ship by a time-keeper, and by the obferved diftance of the moon from the fun or a fixed Star. XI. The uSe oS the plane and Mercator's charts. XII. The ufe and application of the preceding article iri the aCtual working of days' works, and correcting the dead reckon.- ing by the obfervations. Ten boys, who are upon the Royal foundation, muft be qua lified annually (in the opinion of the mafter and^ wardens of the Trinity Houfe), Sor the Sea-fervice ; but the mafter of the _fchooj THE ARTS AND SCIENCES. 93 fchool is permitted to enter his proteft againft any boy admit ted or recommended who is not fit by, the ;age. of fixteen. Be fore boys are received on the Royal, or Mr. Stone's foundations, they muft have proficiency in the Englifh language, write well, and have proceeded to the Rule of Three in arithmetic. The firft clafs of the grammar-fchool are affembled on Tuefday af ternoon, and inftruCted in the mathematics. The Drawing-mafi er attends on Mondays, Wednefdays, and Fridays, from one till five in the fummer, and four in the win ter, to inftrutt the boys upon the Royal, Stone's, and Stock's foundation ; and any others that may befent by the proper offi cers from the writing or grammar fchools. This mafter has power to reject boys whofe talents appear infufficient for excel lence. The Reading-mafier's employment needs no detail. The Mufick-mafter teaches from one to three o'clock, Tuef- days and Saturdays, and attends at the hall at publick f uppers on Sundays. The Steward is charged to prevent children eating in the wards, unlefs by exprefs permiffion from the treafurer. He at tends at breakfaft, dinner, and fopper, In the hall, at the ring ing of the bell, where the children affemble, thoroughly wafh- ed, cleaned, and combed. He prevents the children from wearing any other clothes than thofe given by the. hofpital, ex cept a pair of (hoes, one fhirt,- and a pair of breeches, at the charge of their parents or friends, at firft coming. He attends ¦them to Chrift's Church on Sundays to morning and evening fervice, and on faints and other public days, when he obferves their behaviour, 7and enforces file^ice and attention. He pre vents the boys from leaving the bounds of the hofpital, by fre- ,grace the board. At the Southend, either the Prefident or the Treafurer, with fuch Governors as it may Suit to be preSent, are -Seated ; and behind them Such vifitors as obtain tickets' of admiffion. The mafters of the; fchool, with the matron arid the fteward, attend at the upper-end ; and the nurfes of each ward prefide at the tables, on which are a great number of candles, which, with many patent lamps and a large luftre,' form the light of the hall. . , \ ,. The ceremony of the evening commences by three Strokes with a mallet, which produces a moft proSound Silence. A youth then reads from the pulpit a chapter from the Scriptures. During prayers the boys ftand; and the reSponSe Amen, pro nounced by about 800 youthSul voices, has a moft extraordinary -effect. A pSalm, or hymn, is Sung by the whole affembly in unifon, accompanied by the organ. Such is the modulation and reftraint of the voices, that, though numerous enough to deafen the hearer, the founds afcend in powerful yet gentle ftrairis to the Throne of Mercy, for bleffings on the founders and benefactors. Indeed, the harmony would be complete, were it not for the unpleafant/that hiffes through our language, which is particularly perceivable in the hymn fung by the boys of Chrift Church, and may perhaps be unavoidable. When fupper is concluded, the doors of an adjoining ward are thrown open, and the Spectators are invited to view it ; aS- ter which the wards pafs beSore the Prefident and Governors in proceffion,- in the following order : The nurfe; a boy car rying two lighted candles ; others with the bread-bafkets and trays; and the remainder of the .members of the Ward in pairs; who all bow before the Prefident. Befides the eftablifhmen't in London, confiderable numbers of the younger children are maintained in the country at Hert ford, and at Ware 1 in the Same county; at each, place is a - School- THE ARTS AND SCIENCES. 9S (chool-mafter with a proper falary; and the children, when Sufficiently grown and instructed, are brought to the School in London. At Ware isa fine building, like a college, making a large quadrangle, for boys, containing a fchool-houfe and a mafter's houfe, and thirteen houfes Sor nurSes to keep the chil dren. Sir Jonathan Raymond, Knight, Sormerly Alderman of London, bought and gave them a field near adjoining , to play in. At Hertford are alfo a fchool-houfe, and a matter's houfe, and twenty houSes more, each with two rooms on a floor, and gardens belonging. The revenues of this moft noble charity are, as they ought to be, very ample, being increafed by the donations and testa mentary benefactions of many generous and pious individuals. The Governors have alfo a duty of three' farthings on every piece of cloth brought to Blackwell-hall. Of late years, a re solution has been adopted to re-build the hofpital by degrees, it being found altogether decayed and ruinous, and to prevent the reduction of the eftablifhment by this inevitable expence, a large, though as yet infufficient fum, has been fubfcribed. Charity Schools. Far inferior to the free fchools, in rank and in extent of education beftowed, are the eftablifhments now found in'almoft every parifh in England, where children of both fexes, either by the benevolence of individuals,- or at the publick expence, are taught to read, write, and few ; and thus qualified, . at a proper age, to be received as apprentices or "fervants by re- . fpectftble, perfons, with a profpeCl oS advancing themSelves in ¦ life, ¦, -jgltiS&rding to their ability and induftryj- Thefe children are generally clothed in a plain decent uniform ; in fome fchools they are, and in others they are not, boarded and lodged ; but perhaps no inftitutions could, on the whole, be conceived more honourable or beneficial to the nation, than thofe which at once favour early habits of application, fupply ufeful knowledge, and impart the rudiments of the proteftant religion^ Once in every year, on Afcenfion day, the charity children educated in the metropolis and its immediate vicinity, go in a body through the principal Streets to the Cathedral', of Saint Paul ; they are clean and newly clothed, their countenances beaming with health and cheerfulnefs, the effect of rational induftry and temperate plenty ; the, fight always interefts the publick curio- fity, and callous indeed* muft that heart be which does, not ex perience the trued Satisfaction in the contemplation of this moft dignified and honourable national proceffion. In thefe Schools, in the metropolis alone, it is reckoned that 9000 chil dren are inftruCted ; arid this number isexclufive of thofe re ceived into free fchools, who are eftimated at 5000 ; of the chil dren of diSSenters, Jews, and others, who have eftablifhments 7 of 96 LEARNING y of their own, and of the private fchools eftablifhed in all parts of the kingdom for the education of young people in confider ation of an annual ftipend, and which, in and within a few miles of the metropolis, are faid to be 3730. Sunday Schools. For the inftruCtion of thofe whofe time is devoted, during the week, to the purfuits of induftry, Some pious and benevolent perSons have, of late years, formed and Superintended Sunday Schools, which' are eftablifhed in many parifhes, and where the children gain the rudiments of religion, arid fome other knowledge. To further the purpofes of thefe undertakings, a fociety is formed, under the denomination of the Sunday School Society, the members of which have by fub- fcription raiSed a fund, which >& employed in the purehafe of bibles and religious books, and otherwife promoting the great end of Sunday Schools. Such is the outline of the provifion made by law, bounty, or cuftom, for the communication of early instruction ; but in England there are, befides, many expenfive and honourable eftablifhments for the diffufion of knowledge, and for the pro motion of art, and reward of artifts, fome of which are to be particularly noticed. Royal Society. The origin of this moft learned, refpeCt- able, and ufeful body, is afcribed to the honourable Robert Boyle, and Sir William Petty,- who, together with Seth Ward, Willrins, Wallis, Goddard, Willis, Bathurft, and Wren, doe- tors of divinity and phyfick, and Matthew Wren, arid Mr. Rook,' frequently met in the apartments of Dr. Wilkins, in Wadham College, Oxford. This party of ftudious friends, while at Oxford, were not only eminently distinguished at home for their learned productions, but likewife highly re vered by the Literati abroad. The Society continued at Oxford till'1658, when the members were called to various parts of the kingdom, on account of their refpective functions, and the majority coming to London, they conftantly attended the af- tronomical and geometrical lectures at Grefham College, where being joined by feveral perfons of the greateft learning and diftinCtion, they continued to meet there once or twice a week till the death' of Oliver Cromwell, when the college was for a time converted into a barrack, or military quarter, for the reception of foldiers. But this ftorm being difpelled by the reftoration, the fociety tiegan to refume their meetings ; and for the more effectual carrying on their great and laudable defign, to purehafe inftru'- ments Sor the performing experiments, and to defray their ne ceffary expences, they bound themfelves by a written obligation. 1 The THE ARTS AND SCIENCES. 97 The king, willing to encourage fo honourable and ufeful an enterprife, as a diftinguifhing mark of his affection for the fpciety, by his. letters patent of the 22d of April, 1663, con- flituted them a body politic and corporate, by the appellation of the Prefident, Council, and Fellows, of the Royal Society of London, for improving Natural Knowledge. By this charter, in which the king declares himfelf their founder and patron, the prefident, council, and Sellows, are impowered to have a common Seal ; and to break, change, and renew it at.pleafure. And his majefty, in teftimony of favour arid efteem, granted a coat of arms to them and their fucceffors,, viz. On a field argent, a canton of three lions pf England ; for a creft, an eagle proper, on a ducal coronet, fuppPrting a fhield charged with the lions aforefaid ; and for fupporters, two tal- bots with coronets on their necks. For the good government of the fociety, the charter efta- blifhes, that the council fhall confift of twenty-one perfons (the prefident always to be one) ; and, that all perSons who, within two months next enSuing the date of the faid charter, Shall be choSen by the Said prefident and council ; and iri all times after ths faid two months by the prefident, council, and fellows, andnoted in a regifter to be kept for that purpofe, fhall,be Sellows of the faid fociety, and fo accounted and called during life,' except by the ftatutes of the Said Society to be made, any of them (hail happen to be amoved. They were alfo licenfed to meet in any part of the metro polis they might think fit, to make and alter laws for their own regulation^ and to build, according to their difcretion, for the ufe of the fociety. And it Was further provided, that if any abufes or differences Should arife about the government or affairs of the fociety, whence its constitution, progrefs, im provement, or bufinefs might fuffer, or be hindered ; in fuch cafes his majefty affigned and authorized the archbifhop of Can terbury, the lord chancellor, or keeper of the great feal, the lord high treafurer or England, the keeper of the privy feal, the bifhop of London, and the two principal fecretaries of ftate for the time being, or any four or more of them, to compote and redrefs any Such differences or abufes. The Statutes which were afterward framed, and approved by the king, eftablifhed the affairs of the fociety on a more re- SpeCtable and prudent Sooting. Their principal provifions were that each fellow Should Sign an obligation promifing to promote the good of the fociety, attend its meetings, and obferve its ftatutes, with a ptovifo that any one may withdraw on giving notice in writing to the prefident. Each member pays an ad miffion fee of five guineas, and is Subject to an annual pay- Vol. III. - H ment 98 LEARNING ; ment of two guineas and a half, unlefs he redeems it by paying; at once thirty-one guineas. The ordinary meetings are held once a week ; on Thurfdays; and by the ftatutes none can be prefent befide the fellows, without die leave of the fociety, under the degree of a baron in one of his majefty's' three kingdoms, or of his majefty's privy council, or unlefs he be an eminent foreigner, and thefe only with the leave of the prefident. The bufinefs of the weekly meetings is, to order, take account, confider, and dif- courfe of philofophical experiments and obfervations ; to read, hear, and difcourfe upon letters, reports, and other papers, con taining philofophical matters"; as alfo to view and difcourfe upon the productions and rarities of nature and art ; and to con fider what to deduce from them, or how they may be improved for ufe or difcovery. The experiments are then to be made at the charge of the Society ; two curators at leaft are to be ap pointed for the infpection of thofe which cannot be performed before the fociefy ; and whofe report of matter of fact fhall be dated and returned. , The eleCtio-n of Fellows is made by ballot ; and their ad miffion by a folerrm declaration from the prefident of their elec tion ; but this regulation not being deemed effectual to prevent perfons unqualified from being chofen members of the fociety ; a new ftatute was made, ordaining, that every perfon for the future (not a peer, or foreigner of diftinction), defiring to be ad mitted a fellow, muft be recommended by an atteftation under the hands of three, or more members, Setting forth his name, place of habitation, his qualifications, works, and productions ; which is to be put up in the affembly-room at ten feveral meet ings, to give each member an opportunity of inquiring into the character of the candidate before they proceed to ballot. But all peeTS of Great Britain and Ireland, and their fons, to gether with all foreign princes and ambaffadsrs, are eligible, at the recommendation of one member, and to be elected as foon as propofed. ' The election of the council and other officers is made once a-year ; eleven of the exifting council being continued by lot for the next year, and, ten new ones chofen in like manner. Out of this new council are elected a prefident, , treafurer, and two fecretaries, in the fame way. The Prefident prefides in all meetings, regulates all debates of the fociety and council ; ftates and puts queftions ; calls for reports and accounts from committees, curators, and others ; Summons all extraordinary meetings upon urgent occafions, and fees to the execution of the ftatutes. The Vice-Prefident has the fame power in the abfence of the prefident. The THE ARTS AND SCIENCES. 99 The Treafurer, or his deputy; receives and keep's accounts of ttll money due to the fociety. He pays fm.ill film's by oxdtx of the prefident under his hand ; but thofe that exceed five pound-! by order of the council. All bills of charges for experiments mUft firft be figned by the curators. The accounts of the treafurer are audited four times a-year, by a committee of die council, and once a-year by a committee of the fociety. The Secretaries take notes of the drders and material paffages of the meetings ; take care of the books, papers, and writings' of the fociety ; and direct the clerks in making entries of all matters in the regifter and journal-books of the fociety, or coun cil .; draw up fuch letters to be written in their name, which muft be approved at one of "their meetings', and give notice of the candidates propounded in order to election. The Curators, by office, have a fufficient allowance for theit encouragement not exceeding 200 /. a-year. They muft be well (killed in philofophical and mathematical learning ; well verfed in obfervations, inquiries, and, experiments of nature and art. They take care of the managing of all experiment* and obfervations appointed by the fociety, or council, and report the fame, and perform fuch other tafks as the fociety or the council appoint ; fuch as the examining of fciences, arts* and inventions now in ufe, and the bringing in histories of natural and artificial things, &c. They muft be propofed a month at leaft before they are chofen, and , examined by the council be fore the election, to which every member of the fociety muft be fummoned. They are at firft only chofen for a year of proba tion, {except they be of known merit) : At the end of that time, they may be either elected for perpetuity, or for a longer term of probation, or wholly rejected. The caufes of ejecting a curator, are the fame with ejecting a fellow, or for fraudulent dealing, and negligence in the affairs of the fociety, provided that he fliall firft receive three refpective admonitions. If any curator Shall be difabled by age, infirmity, or cafualty, in the fervice of the fociety, fome provifion fliall ba made for him du ring life, if his condition requires it, according as the council fliall think fit. The Clerk conftantly attends all meetings, follows the direc* tions of the fecretaries, in registering and entering all matters appointed; and muft not communicate anything contained in their books, to any that is not a fellow. He is allowed by the Statutes a certain rate Sor what he copies, and a yearly ftipend for his allowance. The Printer is to take care for the printing all books commuted to him by order of the fociety, or council; and therein he fliall obferve their diredtionsj as to the correction of the edition, the number of copies, the form; or volume* and other particulars. Ha " The ioo LEARNING ; The fociety publifh an annual volume in two parts, under the name of Philofophical TranfaBions of the Royal Society of London. Of thefe the number is very confiderable, and the collection is confidered a moft valuable treafury of progreffive information. The ftatutes make further provifion, in feveral minute parti cular^1, reflecting officers and other objects, and declare, that the caufesof ejection fhall be contemptuous difobedience of the ftatutes and orders of the fociety, or malicious defaming the fame. This fliall be declared by the prefident at one of the meetings, and the ejection recorded. The fociety being thus eftablifhed, men of all ranks and pro- feffions vied in promoting its defigns, by communicating every thing within their power relating to natural and artificial dif- coveries. Charles II. prefented them with a ftately gilt filver mace, to be carried before the prefident. And, as a further proof of his Sincere attachment, by his letters patent oS the 8th April, 1667, gave them ChelSea College, with its appurtenances, and twenty-fix, or twenty-Seven acres of land Surrounding ; but the Society not having converted part, oS it into a phyfic garden as was intended ; and the king having refolved to erect an hoSpital Sor old and maimed Soldiers, purchafed it back on the 8th of February, i68j, for the fum of 1300 /. On their removal from Grefham College, the Royal Society purchafed a houfe in Crane-court, Fleet-ftre6t, where they long flourifhed ; but when SomerSet-houSe was converted into a public building, his Majefty was ple'afed to aflign to them a Spacious and commodious Suite of apartments, which they now occupy. The mufeum of this Society, is a collection worthy its cha racter ; and the library is furnifhed with a large arid valuable flock of the beft authors. On this excellent and ufeful Society, Voltaire, who is not, in general, fond of praifing the Englifh, makes the following ob servations in his Age oS Louis XIV. : " To this illuftrious So- " ciety the world is indebted Sor the late diScoveries relating to " light, the principles oS gravitation, the motion oS the fixed (i ftars, the geometry of tranfeendent qualities, and a hundred *' other diScoveries, which, in this reSped, might juftly denomi- " nate the age we Speak of, to be the age oS the Englifh, as " well as the age. of Louis the XIV." And, in 1666, the Sreat Colbert, emulous of this glory of England, advifed Louis TV, at the requeft alSo of feveral men of iearning, to eftablifh the French Academy of Sciences, which, in 1669, bec'ame an incorporated body like ours of London, as fundry others have fince been in other countries of Europe. The great purpofe of this Society, another author obferves, is to make faithful records of all "the works of nature and art, which THE ARTS AND SCIENCES. 101 which can come within their reach ; that the prefent age and pofterity may diftinguifh -error ftrengthened by prescription, re- flore truths neglected, apply thoSe known tcmore various uSes, and make the way more eafily to what remains unrevealed in all uSeful, and more particularly in all commercial fciences, which is the life and foul of thefe kingdoms. This is the com- pafs of their defign, and thefe great ends they have fo far an- fwered, as to have proved of unfpeakable emolument to man kind in general, as well as Great Britaui in particular : and thofe nations of Europe that have followed their laudable ex ample, have likewife been oS great Service to the Society, as well as to their native ftates and empires. As for what belongs to the members themfelves that conftitute this fociety, they are of different religions, countries, and profeffions. For they did not propofe to lay the foundation of an Englifh, , Scotch, Irifh, Popifh, or Proteftant philofophy, but a philofophy of mankind. A moft glorious and moft benevolent attempt, and attended with the moil gloripus and benevolent confequences ! By their na turalizing, as it were, men of all countries, they have fettled a eonftant intelligence throughout all civilized nations, and made the Royal Society of England the general bank and free port of the whole world, for found knowledge and philofophy grounded on experiments, not on vifionary hypothefis and con jecture, iis was before their happy inftitution. And by the ad- rrjiffion of men of all profeffions, thefe two benefits have arifen: I . Every art, and every way of life have been fecured from re ceiving detriment by their joint councils. 2. By the equal ba lance of all profeffions, no one in particular has by this fociety overweighed the other, or made the oracle Speak their private SenSe only. All ranks of men have fome orie darling on which their carb is fixed. If mechanics alone were to make a philofophy, they would bring it all into their Shops, and force it to confift wholly of Springs, wheels, and weights; if phyficians, Scarcely any tiring would be confidered befide the cure oS diSeaSes. So much is to be found in men of all conditions of that which is called pedantry in fcholars ; which is an obftinate addiction to the forms of fome private life, and too regardlefs of general things. But, though the Society entertains men of particular profeffions, yet the far greater number are gentlemen, free and unconfined, Thishas prevented, in a great meafure, two cor ruptions of learning complained of : the one, that knowledge flill degenerates to confult prefent profit too foon ; the other, that phiiofophers have been always mafters and fcholars ; Some impofing, and all the others Submitting, and not as equal observ ers without dependence. The firft of thefe was, before the cftablifhment of this corporation, the caufe of much inconve- H 3 nience. T02 LEARNING; nience. It weakened the Strength of ufeful arts; it made -an unhappy disproportion in their increaSe ; while not the beft, but the moft gainSul of them flourished. But, above all, it di- miniflied that very profit for which men drive ; and fo they were ferved like fome foolifh guards, who, while earned in picking up Small money dropt but pS the prisoner's pocket, let the priSoner eScape for whom they might have got a great ran- fom. A fecond error that has been avoided by this Society, is, that the feats of knowledge have Since their time been laborato-. Ties, as they ought to be; not only Schools, where Some have been taught, and all the reft fubfcribed . Society of Antiquaries. Refearch into the hiftory, beau ties, defect?, and properties of thofe objects which have Survived the ravages of time, has always been a favourite purfuit of the liberal and enlightened. Thefe dumb witneffes, of whatever materials compofed, fpeak with irrefutable certainty of the man ners, cuftoms, and habits of the ages in which they were form-i . ed, and enable thofe. who examine them to form an unerring judgment on matters connected with the hiftory of thofe times. Societies for the profecution of thefe ftudies have been form ed in ancient as well as modern times, and have'been often de- fired and attempted in England. Sir H. Spelman Speaks oS a Society oS Antiquaries in his time, to whom his treatife on the terms, written in the year 1614, was communicated, he him- Self being one oS the number. The Society was Sounded in 1572, by Archbifhop Parker, Camden, Sir Robert Cotton, Stowe, and others. Application was made, in 1589, to Queen Elizabeth fpr a charter, and houfe wherein they might hold their meetings, and erect a library ; but by the death of thatPrincefs their application proved abortive. Her fucceffor, James I,, was far from favouring their defign. In /i 71 7, this fociety was revived, Since which time no interruption has happened ; and, in 175 1, it received its charter of incorporation from George II. In this inftrument, his Majefty declares, that whereas the flu- dy of antiquity, and the hiftory of former times,^has ever been efteemed highly commendable and ufeful, not only to improve the minds of men,, but alfo to incite them to virtuous and noble actions, and fuch as may hereafter render them famous and worthy examples to late pofterity ; therefore the King, out of his princely affection to aft forts pf learning and good literature, and for the encouragement pf all Such as fhall be defirous to promote fo laudable an undertaking, granted that there fhall be for ever a fociety, to be called the Society of Antiquaries of Lon don ; of which fociety the king declared himfelf the founder and patron: and that it Should confift of a prefident, council, and fellows* THE ARTS AND SCIENCES. 103 fellows, who, by the name of the prefident, council, and fel lows of the Society of Antiquaries of London, fhould for ever be a body politic and corporate ; and by that name and ftyle have perpetual fucceffion ; and ufe a common feal, which they may make anew and change from time to time as they may find dccafion. In this corporate capacity, they may Sue and be Suedr purchaSe real eftates not exceeding in annual value 1000/., without licence oS alienation in mortmain, and make bye-laws. The Council confifts of twenty-one members, of whom the prefident is one. The firft council was nominated in the char ter, which provided that they, Should continue in office till the 23d of April then next, and until other perfons fhould be. elected in their room. Twelve of them were empowered within two months to elect perfons who Should be fellows of the Society. *' And, by how much any perSous," the charter-Says, " Shall be In purSuance of this charter, the fociety have formed- . a Series of ufeful ftatutes. By them all the fellows fubfcribe an obliga tion, binding themfelves to promote to the utmoft oS their power, the honour and intereit of the fociety, and to obferve its ftatutes. If any fellow fhall Signify to the prefident, or his deputy, un der his hand, that he defires to withdraw from the fociety, he fliall from that time be free from any future payments. The payments are five guineas for an admiffion fee, unlefs it is remitted ; two guineas annually, for the affurance of which a bond is given in the penalty of 30./., but which may be com pounded at once by. a payment of twenty-one guineas. A lift of perfons in arrear is directed to be publicly read at four meeN ings, and at all other meetings laid on 'the table for perufal of the fellows. The prints or other works of the fociety fhall be delivered only to fuch fellows, who., at the time of delivery, fhall not be in arrear more than twelve months 'of their annual con tribution ; and if any perfon fhall, at the annual audit of the ac counts, be found more than two years contribution in arrears it fliall be in the power of the prefident and council, at their discretion, to put the bond before mentioned in execution;- giving, fuch notice as they fhall think proper. Nor can any member who is in arrear more than twelve months of his an nual contribution, give a vote at the election of prefident, coun cil, and officers. The ordinary meetings of the fociety are weekly, onThurfdays, beginning about feven of the clock in the afternoon, and conti nuing until nine ; unlefs the major part of the fellows prefent ' Shall, THE ARTS AND SCIENCES. x'djf fhall, for that time, refolve to rifefooner, or fit later. In thefe ordinary meetings, in the abfence of the prefident and deputy, or vice-prefidents, if five or more members meet, the' fenior fel low in nomination then prefent fhall prefide. At thefe meet ings follows may introduce two vifitors. Votes are taken by ballot ; and five members may proceed to bufinefs, except where the charter requires a greater number. Every perfon to be elected a fellow, muft be propofed and re commended at a meeting by three or more members, either upon their perfonal knowledge of him, or on his being known to the fociety by his works ; which members -fliall then deliver to one of the fecretaries a paper, Signed by themSelves with their own names, SpeciSying.the name, addition, profeffion, and chief qualifications of the candidate for election, and alfo the ufual place of his abode ; which paper, with the date of the day' when delivered, fliall be fixed up, and remain in the common meeting room of the fociety at four feveral ordinary fucceffive meetings, before the faid candidate (hall be put to the ballot ; which four meetings fhall be exclufi've of the day when he is propounded, and the day when he is ballotted for. 'And as perfons of high rank and dignity become an honour arid advanr tage to any fociety ; any peer of Great Britain and Ireland, or the eldeft fons of fuch peers, or any of his Majefty's Privy-coun cil, or Judges of either kingdom, may be propounded by a Single member ; and put to the ballot for eleCtion the fame day, a competent number for electing members being prefent ; and the election fhall, in all cafes, be determined by a majority of two-thirds of the votes pf the members prefent, and balloting on the occafion. If any perfon, after being elected, fails to pay his'admiffion fee of five guineas, within the next four fuc ceeding meetings of the fociety (the day of his election. not to be reckoned one), his eleCtion is. void, and the fecretary of the fo ciety, immediately' after every election, fends notice to the member elected, with a copy of the preceding claufe. The mariner of admiffion is, that at fome meeting after the fellow has paid his admiffion fee, and figned the obligation, the prefi dent or his deputy, taking him by the hand^ Says t-hefe words : « I do, by the authority, and in the name of the Society of An- " tiquaries of London, admit yoira fellow thereof." The ftatute s alfo regulate with great exactnefs the form of balloting for prefident and officers ; the duty of prefident ; and the keeping of the common feal. Members^ay.be expelled from the fociety by ballot, and the caufes are thus declared : " IS any fellow of the 'fociety fhall " contemptuoufly, or contumacioufly difobey the ftatutes or or- V'ders. of the fociety ; or Shall, by Speaking, writing, or print- m6 LEARNING f. " mg, ^publicly defame the fociety ; or advifedly and maliciouf- " ly do any thing to the damage and detriment thereof; he " fhall be liable to.be expelled." Every Benefactor, to the fociety is to have his name regiftered in the catalogue of the benefactors, with the mention of his gift j. and every benefaCtor, who fhall prefent the fociety with . any fum of rhoney, or gift to the value of twenty pounds, or more, upon acceptance -thereof by the fociety, fhall have the privilege of being preSent at the weekly meetings of the fo ciety. Foreigners of note, or learning, may be admitted honorary and correfponding members, without being fubjeCt to any contri butions. The ftatutes alfo provide for- the due management of the re venues pf the fociety. The publication of drawings and papers communicated is alfo carefully provided for, and thefe are, as often as the council think fij, collected in volumes, under the title Archaologia. , ¦ - The Society of Antiquaries po fiefs a library, the books in which may, on proper application, be lent to the fellows ; but many prudent precautions are adopted to prevent *an abufe of this permiffion. By the bounty of the King, this fociety has excellent apart- tnents in SomerSet-houSe, contiguous to thoSe of the Royal Society. British Museum. Sir Hans Sloane may, with truth, be pronounced the founder of this great receptacle of every thing valuable, which muft ultimately vie with, if not exceed, every niufeum of the kind in Europe ; but it would be injuilice in thus mentioning Sir Hans, not to revert to a piedeceffor oS greater liberality, who gave his invaluable collection to the pub- He ; this was Sir Robert Cotton. Sir Hans offered his books, and other articles, to the public Sor 20,000/. ; and the purchafers, who were the Legislature, Sound it neceffary to provide a place for their reception. Fortunately, Montague-houfe, one oS the largeft manfions in the metropolis, was obtained at the critical moment. Hence the origin oS the Soundation, which has received adventitious aids, almoft annually, by gifts, bequefts, and purchafes, oS every Species of curiofity, in animals, vege tables, foffils, minerals, Sculpture, &c. &c. and literature, to the preSent moment. The trultees who conduct the concerns oS the institution, are uniformly men of talents, fortune, and rank ; confequently every endeavour is conftantly made to Sorward its interefts, and the honour of the nation. ThoSe gentlemen have the appointment of the various officers, who prefide Over the Several departments ; and on their care and judgment de pend all the ^arrangements neceffary to Secure the Safety and cleanlineSs THE ARTS AND SCIENCES. 107" cleanlinefs of the various objects intruded to their care, and the due accommodation of thofe who have oCcafion to examine them. An annual return is made to the legiflature by the truftees of all money tranfaCtions ; and Sums are in general voted an nually for the temporary wants of the mufeum. - It is not poffible to give an account of all the objeCts of li terature anjl art in this repofitory; but a flight enumeration of Some of the principal collections, and the means by which they .. were accumulated, may be attempted. The Harleian Library contains 7000 MSS. which were bought by the Right Honourable Secretary Harley ; and that noble collection of Sir Simon D'Ewes, which is niUch rarer. There' are abundance of ancient manufcripts, books, charters, &c. fome in Saxon, others of high antiquity, which give great light jnto'hiftory. There are all John Stowe's collection; feveral original ledger-books, coucher-books, and cartularies of monaf teries in this kingdom ; as Bury St. Edmund's, St. Alban's, and other religious houfes. This collection, in fome particulars, exceeds any o England; and is the greateft treafury of its kind in the kingdom. There are, befide, many valuable manufcripts and printed books. In April 1767, an act was pafled to enable the trudees to Sell or exchange any duplicates of books, medals, coins, &c. &c, and to purchaSe others in their places. In 1772, the Houfe of Commons voted 8410 /. forpurchafmg antiquities brought from Italy, and S40 /. to provide a proper receptacle fpr them. And in 1804, 16,000/. for building additional galleries and apartments for Egyptian and other articles, that are already and may be hereafter given. One of the fird gifts to the public after the eftabrtfhmcnt of" the inftitution, was the legacy of Colonel Lithicullier, confiding oS a curious collection oS Egyptian antiquities ; to which Pitt Lithieullier, ESq. nephew to the Colonel, added Several antiqui ties, which he himfelf had collected during his refidence at Grand Cairo. And as an addition to the Cotton Library, Mrs. Maddox, re lict "to the late Mr. Maddox, historiographer royal, left by her will her hufband's large and valuable collection of manufcripts, which had engaged his" attention many years. Major Edwards bequeathed many books ; and 7000/. after the deceafe of Elizabeth Mills ; and the truftees acquired the the collections of Dr. Birch. In 1760, Mr. Da Coda prefented them with Hebrew manu fcripts ; fince when numberlefs gifts have been made ; one of the ioS a LEARNING; thp principal of which was that of the Rev. Dr. Cracherodc of the Principes Editiones of the Greek and Roman claffics. . The Cottonia'n Library was collected by the indefatigable in dustry and excellent judgment oS Sir Robert Bruce Cotton, who was born in 1570, and died in 1662. This ineftirnable treafury of knowledge, after being with diffipulty refcued from the fury of the republicans during the interregnum, was fecur ed to the public in 1700 by a ftatute entitled " An act for the " better fettling and preferving the library kept in the houfe at " Weftminfter, called Cotton Houfe, in the name and family " of the Cottons, for the benefit of the public." This act, af ter doing ample juftic? to Sir Robert Cotton, for forming a moft valuable collection of manufcripts, papers, and records, of great ufe and fervice for. the knowledge and prefervation of our Conftitution in Church and State, and generally efteemed the beft of its kind any where extant, and reciting, that the fame had been carefully preferved, and much augmented and_.enlarg- ed by Sir Thomas the fon, and Sir John the grandfon, of the faid> Sir Robert Cotton, declares, " That the faid Sir John Cot- " ton, in purfuance of the defires and intentions of his father *' and grandfather, is content, arid willurg that his manfion- " houfe and library fhould continue in his family arid name ; " and that it be kept and preferved by the name of The Cot- " tonian Library, for public ufe and advantage." After this preamble, fo honourable to the collectors, and fo decisive in Savour oS the utility and importance of the collec tion, the ftatute enaCLi, that aSter Sir John Cotton's death, the faid library, together with his manfion-houSe and its appurte nances, be vefted in truftees ; the houSe Sor the ufe of the de fendants of Sir Robert Cotton, the founder, for ever ; and the library to be carefully preferved for the public ufe, without Suf fering any alienation or embezzlement whatever. The firft concern of the truftees appointed by the aCt, was to caufe the library to be carefully infpected, in order to aScertain and identify its contents ; that they might render the keeper, whom they were to appoint to the care of it, refponfible for the Security of the fame. For this purpofe, they named Matthew Hutton, Johri Anftis, and Humphrey Wanley, three of the moft eminent antiquaries, of thofe days, to examine carefully into the ftate of it. Their report is dated June 22, 1703; in which they ftate the receptacle for the books to be a bad one, defects in the catalogue, and that fome of the books were decaying. The Solicitude of the legiflature to have this important col lection effectually Secured Sor the uSe of the public, induced them, foon after, to frame a new ftatute, intitled, " An act for ! " the THE ARTS AND SCIENCES. jo9 « the better Securing her Majefty's purehafe of Cottbn Houfe, " in Weftminfter ;" in which, after reciting that the library, in its prefent fituation, was by no means in the ftate of fecuri- ty nor of the degree of utility it was intended to be, it was pro vided, that, to the intent fo great a treafure of books and manu fcripts, fo generoufly given for the public fervice, might not re main any longer ufeleSs ; and that it might be in her Majefty's power to make this hioft valuable collection ufeSul to her own Subjects, and to all learned ftrangers ; an agreement had been made with Sir John Cotton, grand fon to the donor, for the purehafe of the inheritance of the houfe where the library was depofited, for the fum of 4500/.; which purehafe could not have been made without an aCt of Parliament, the preceding act con cerning this library having directed that the houfe fhould not be Sold or alienated, enaCts, that the Said houfe be henceforth vefted in the Queen, her heirs and fucceffors for ever. The library Was removed in 17 12, to Effex Houfe, Effex- ftreet, Strand, but Sor what preciSe reafon is not known ; where it continued till 17,30. From this place it was Subsequently conveyed to a houSe in little Dean's-yard, Weftminfter, pur chased by the Crown of Lord Afhburnham. On the 23d of October 1731, fome unaccountable carelefihefs was the cauSe of a conflagration in the library, which had nearly deftroyed it. After great exertion, affifted by the fpeaker Onflow, and fuch of the truftees as could be affembled, the fire was ex- tinguifhed ; and the remaining books were immediately removed to the Dormitory juft erected by the Dean and Chapter oS Weft minfter, Sor the Scholars at that School. Every dep that pru-, deuce could Suggeft was taken, by the legiflature and others, to repair the injury where practicable. In 1753, Sir Hans Sloane's will induced the Commons to purchaSe his collection, arid Sorm a national repofitory, under the name oS the Britifh Mufeum. It did not efcape them how va luable and important an addition the Cottonian Library would be to an eftablifhment of fuch gTeat public utility. The act, therefore, made in that year, direded the manufcripts, &c. to be tjepofited in it, appointing that two of the truftees fhould be nominated in fucceffion, by the jrepreftntatives of the Cotton fa mily for ever. " It now remains (Mr. Planta fays, from .whom fome of the above particulars are feleded,) to ftate what fteps the curators of the Britifh Mufeum have taken, in order to fulfil the intentions of the founder, the donor, and the legiflature; refpeCling this important part of their truft. After caufing the library -to be carefully depofited in a fafe and confpicuous part of the depart ment 01 manufcripts, they being aware that much remained yet to lie LEARNING; ¦ to bedone, in order to render it as ufeful as the nature of it* contents would admit of, were pleafed, in the year 1793, to di rect the keeper of that department, (an office then held by me,) to take every ftep that might be deemed advifeable, to reftore fuch of the damaged volumes as were thought yet capable of fome farther repairs ; and the imperfections of Smith's Reper tory having been repeatedly complained of, to prepare a new jand more accurate catalogue without delay. The following account of the manner in which I endeavoured to acquit myfelf of this talk, will at the fame time convey the beft idea I can give of the prefent ftate of the library. " This library, which originally confifted of 958 volumes, was, by the above mentioned fire, in the year 1741, reduced to 861 volumes; of which, when brought to the Mufeum, 105 were damaged bundles, preferved in cafes. Many of the volumes in bindings were not paged at all ; and few indeed were paged - with accuracy. In feveral of them were evident marks that leaves had been purloined ; and fome had been bound up with much irregularity and diforder. Concerning die bundles in cafes, the committee of the Houfe of Common^ who, in the year 1732, examined into the damage occafioned by the fire, reported that Several of them might, in careSul hands, be So Sar reftored as to be rendered uSeSul ; but this was afterwards rendered a tafk pf much greater difficulty, the perfons by whom they had been occafionally handled having thrown them into great, and in many inftances irretrievable, confufion." By Mr. 1-Tanta's great care and judgment, however, 51 out of the 105 damaged manufcripts have been reftored, and are bound up in 44 volumes ; the remaining bundles, which appeared of lefs im portance, are deemed irretrievable, and are now depofited in 62 caSes. Mr. Planta alSo drew up a moft able and valuable cata logue, which has been printed. The collection of Sir Hans Shane was made by that excel lent phyfician during the courSe oS an active liSe, protracted to the term oS ninety-one years, and Spent in the purSuit of know ledge and practice of benevolence ; and it was augmented by a collection bequeathed to him by William Courtetn, Efq. The King's Libraries of printed books and manufcripts are an accumulation of feveral centuries, munificently bellowed upon the public ; and numbers of them bear the name of George III. The Britifh Mufeum is fituated on the north fide of Great Ruffel-ftreet, Bloomfbury. The fite is a fquare, inclofed by a. high blank brick-wall, which excludes the houfe from view in every direction on that fide. At each corner is a turret; and over the great Ionic arch of entrance, a large and handfome 3 cupola. THE ARTS AND SCIENCES. in cupola. Upon entering the court, the Spectator finds himfelf in a grand colonnade of Ionic pillars, extremely chafte and well proportioned, which extends the whole length of the front. At the eaft and weft ends of the quadrangle, are tho lodgings of the different officers, connecting the colonnade and mufeum. The fronts of thofe, are neat, but plain, except an Tonic pedi ment in the centre of each. That of the houfe is of no prccife order ; the walls were erected in 1677, arR'1 are °f brick, with ftone ruftic groins, and unadorned windows, a handfome cor nice, with brackets rather than dentals, a Doric door in the, centre, and one in each wing, the afcent to each of which is by many fteps. On the weft fide of the houft is a flower-garden and a terrace, difpoSed with much tafte, and Shaded by num bers oS flourifhintr trees and Shrubs. This communicates with o a lawn on the north, that was bounded, till very lately, by the fields ; but now the terrace on that fide is incloSed by large houSes, whoSe walls exclude the rich view from the , mufeum, terminated by the varied fames of Highgate, Hampftead, and the intermediate beautiful landfcape. On the weft fide of the lawn is a double avenue of lime trees ; but die area is pf tafte- leSs diSpofition, and very formal. The wed end of this garden is now preparing for the erection of the wing lately voted by the traftees. Every room in this extenfive manfion affords a copious af- femblage of objects interesting to curiofity, and conducive to instruction. The Reading-room is Surrounded by.fhelves of books, (Se cured by wire, has a vaulted ceiling, a handfome cornice, and large marble chimney-piece, a weft window, and three north, with feveral portraits on the walls. Facing the fire-place, are the table and chair for the Superintending officer, who occu pies the latter during the hours Sor reading, Sor the neceffary purpofe of noticing any deviation from the liberal rules for ad miffion, or injury done to the articles in ufe by the readers. Behind him is another Small table, on which a file is placed, with Squares of psper, on which orders for books and manu fcripts muft be written and Signed by the reader, with the day of the month. Two. long tables extend north and'&uth on each fide of the fire>p%ce for the readers. Thefe are covered with green cloth, and are plentifully fupplied with pens, ink, and reds for the books. Catalogues are placed on fhelves within the room ; which the reader confults at his pleafure, writes his notes' from thern, pulls the bell-rope near the door, a meffciiger immediately obeys the fummons, and, -in as fhort a time as poffible, returns with the wifhed for book. This ap plication may be made any reaSonable number of times, frohi ten U2 LEARNING; ten in the morning till four in the afternoon ; at which hour all ftudies ceafe in the reading-room of the Britifh Mufeum. The following « directions refpeCting the reading-room of the Britifh Mufeum" have beenenaCled. The reading-room of the mufeum is open from ten till four every day, except Saturdays and Sundays, and one week at Chriftmas, Eafter, and -Whitfuntide, alfo thankfgiving and faft days. Perfons defirous of admiffion, are to fend in-their applications, in writing, to the principal librarian, who will lay the fame be fore the next general meeting, or committee of tr,uftees. But, ¦as it might be dangerous in fo populous a metropolis as Lon don to admit perfect ftrangers, it is expeCted that every perfon who applies, if not known to any truftee or officer, Should pro duce a recommendation Srom Some perSons oS known and ap proved character. In all cafeS which require Such difpatch as that time cannot be allowed for making an application to the truftees, the prin cipal librarian, or in his abfence the Secretary, is empowered to grant a temporary leave till the next general meeting or com mittee. Permiffions will in general be granted for three months, and none for a longer term, than fix months, and at the expiration of each term frefh application is to be made for a renewal. Although the librarians be ftriCllJ' enjoined to ufe all poffi- ble difpatch in fupplying the readers with the printed books or manufcripts they may apply for ; yet, as info extenfive a libra ry it may not be poffible to find every article immediately, it is recommended to the readers to allow a reafonable time for the Search, efpecially as to. the printed books. It is expected that the library will foon be in fuch a ftate of arrangement as to render this intimation fuperfluous. No reader (except in particular cafes, at the difcretion of the principal librarian), will be entitled to more than two volumes at a time ; but they may be changed as often as he may re quire. Readers will be allowed to take one or more extracts from any printed book or manufcript ; but no whole, or greater part of a manufcript, is to be tranfcribed, without a particular leave from the truftees. The transcribers are not to lay the paper pn which they write, on any part of the book or manufcript they are ufing. No perfon is, on any pretence whatever, ,to write on any part of a printed book or manufcript belonging to the Mufeum ; but, if any one fhould obferve a defect, or be able to point out an improvement, in fuch book or manufcript, he is requefted to THE ARTS AND SCIENCES. 113 to Signify the fame to the officer in waiting, who will make pro per Ufe- of the information. It may be Sufficient merely to Sug gest, that Silence is absolutely requifite in a place dedicated to the purpoSes of ftudy. A lift of " libri defiderati" lays on the officer's table ; where a reader may infert the title of any book that he finds the houfe docs not already pofleSs ; which will be purchaSed. at the diS cretion of the truftees. I11 order to bring the whole compact between the public and the officers of this grand national depofitary under one view, it may be proper to infert here the " directions to fuch as apply for tickets to fee the Britifh mufeum." The mufeum is open for infpeCtion from tefi till four every day ; except on Saturdays, Sundays, and thankfgiving and faft days ; alio except one week at Chriftmas, Eafter, and Whit- Suntide, and the months of Auguft and September. The hours" of admiffion are at, ten, twelve, arid two ; and each company may remain in the' muleum two hours, pro vided they come punctually at the time appointed in. their tickets. Such as are defirous to obtain admiffion are to apply at the office for ifl'uing tickets, (which will be kept open on the days and hours above mentioned,) and produce a lift, con taining the names of each perfon, not exceeding twelve in number, with, their descriptions and places of abode. The attendant at the faid ofhee will acquaint them what vacancies there are, 2nd immediately deliver to them tickets for fuch vacant clays and hours as (hall beft fuit them. ' The fmaller the number of perfons' in the lift, the fooner they are like to obtain admiffion.1 Siic-h as have1 -obtained tickets, and cajinot come, are enrne-ftly dcfired' tS return them at" the office as early as- poffible, that r' others may' be'"'Admitted in their (lead. '¦ ¦ ' ' •: *¦"*"•» ;ft\ ' \ It is expected' that perfonsj who vifit',tn,en:riiu'feurh, 'be decent and orderly in their appearance arid'^behayiburV'tfie .officers being inltruCted to refufe admiffion tbj'or tP caufe to withdraw, any pne who Shall difregard this'caution. Pad experience has fhown the neceflity of this i'njuriCtiPn. '' In going through the 'apartments, ' no brie is to take any thing from its place ; but, if he wants to examine any article more particularly, he is to ' apply' to' an 'officer, or to the attendant 611 rhe company. No children ."'are ' to4 be ad mitted. 'No money is to be given to, the attendants or Servants. , ' ' It would exceed the limits of this work to merition, even in the flighted mariner, all the Valuable and curious articles Vol. III. ! accu-' ii4 LEARNING; accumulated in the various rooms ; the veftibule, the firft room on the firft floor, the faloon, the room which contains the Cotto- nian manufcripts, the two Harleian rooms and the hall, are all adorned with pictures, ftatues, and curiofities natural and. artificial. Sir William Hamilton's collection is a mpft ample re pofitory of gods, arms, habilirtients, vafes, and utenfils of every kind, illustrative of the.time,s, to which the reader of the ancient claffics muft tranfport his imagination. The Otaheite and South Sea Rooms are furnifhed by the induftry,and judg ment of modern voyagers, with a vaft variety of natural and artificial curiofities, the produce of thofe favage iflands, where human nature fhows the moft accurate remaining fpecimen of reafon juft tinged with decolouring which diftinguifhes it from inftinct. In the inexhauftible fond of information and amufement which this grand national repofitory contains, the mind may be employed without Sear oS laffitude, and purSue with advan tage almoft every Species oS instruction. The care, of this ineftimable collection, as already has been mentioned, is committed to truftees, of whom fome are by 6ffice, fome by family, and fome elective. The official trftftees arethearch- bifhop of Canterbury, the lord chancellor, lord prefident of the council, firft lord of the treafury, lord privy feal, firft lord of trie admiralty, lord fteward, lord chamberlain, three fecretaries of ftate, bifhop of London, fpeaker of the Houfe of Com mons, chancellor of the exchequer, lord chief jullice of the King's Bench, mafter of the rolls, lord chief juftice of the Common Pleas, attorney general, folicitor general, prefident of the Royal Society, and prefident of the College of Phyli- cians. The family truftees are two each from the families of Sir Robert Cotton, the earl of Oxford (Harley), and Sir Hans Sloane. The elective truftees are fourteen in number- There is a principal librarian, and there are three under-librarians, each of whom has an affiftant. Thefe, and the keeper of the reading room, have apartments on the fpot, and a fufficient number of Servants is retained for neceffary purpofes. Society for the Encouragement of Arts, Manu factures, and Commerce. This inftitution,, Sormed in 1754, originated in the patriotic zeal oS the late Mr. William Ship ley, brother of the late bifhop of St. Afaph ; and the active and liberal patronage of the late lord Folkftone, its firft pre fident ; and the late lord Romney, his fucceffor, perfected its eftablifhment. The chief objects of the fociety are, to promote the arts, manufactures, and commerce of the united kingdom, by the donation of premiums and bounties for ufeful inventions, difcove- THE ARTS AND SCIENCES. 115 difcbveries, and improvements. In purfuance of this plan, they have already expended upwards of 50,000/. derived from voluntary Subscriptions, and legacies. The inftitution confifts oS a prefident, fixteen vice-prefi- dents, two chairmen of each of the committees, a principal and an affiftant fecrctary, a houfe-keeper, a collector, and a meffenger. The meetings are held at feven o'clock in the evening on Wednesdays Srom the fourth in October to the firft in June. The meetings of the committees are appointed by the fociety to be held on other evenings, as may be convenient. The matters referred to them occafion their divifion into feveral claffes ; committees of accounts ; cor respondence and papers, and of mifcellaneous matters ; and fix of premiums, namely, agriculture, chemiftry, dyeing and mineralogy ; polite and liberal arts ; manufactures ; mecha nics ; and,Britifh colonies and trade. The ordinary proceedings are thus conducted : there are four general meetings in the courfe of each feffion, for the purpofe of regulating the inftitution, by eftablifhing new rules and orders, and reforming or refcinding thofe already -in force, if neceffary : the reft of the meetings are occupied in receiving and difcuffing the reports of the committees, and the communications of correfpondents, and Candidates for pre miums and bounties. Tnefe communications are referred, in the order of their dates, to the refpective: committees, to be taken into confideration, at Such meeting as the Society may direct, to be Summoned for that purpofe ; there the me rits of the claimants are- examined and difcuffed ; and the reSult being entered on the minutes oS the meeting, is re ported in order oS date to the Society, where, after exami nation at two weekly meetings, the report is filially adopted or rejected. All the committees are open: and although par ticular members, who may be confidered as beft informed in particular claffes, are chofen as chairmen, and Specially Summoned as attending members ; yet every member of the fociety is entitled to attend, debate, and vote, in every com* mittee. The rewards, beftowed by the fociety, are both honorary and pecuniary. Of the firft, the gold medal is the higheft* Silver medals are alSo given as honorary rewards, and both are offered and given as premiums and bounties. In the claSs oS the polite arts, gold and filver pallets of a, greater and leffer fize, are alfo propofed and diftributed as premiums and boun ties'. The diftincf ion between a premium and a bounty, as given by the fociety, is this : premiums are annually pro pofed by the fociety in a lift, each of which, a Single candidate, I 2 or 1 1 6 LEARNING; or feveral competitors, may appear to claim. Bounties, either honorary or pecuniary, are rewards the fociety may think proper to bellow on meritorious individuals, in reSpeCt of SubjeCts for which no premium has been offered. No inven tion or improvement, Sor which a patent has been obtained, can receive either premium or bounty Srom the Society. In ventions and improvements oS every kind, on which the So ciety beftow their rewards, are laid open Sor public uSe and inSpeCtion. The reSult oS this fyftem has poffeffed the Society of the greateft and moft valuable repofitory of models and machines of new invention, and important improvements in others, in every department of the economical and ufeful arts, that is to be found in Europe ; and to which free accefs may always be had, by applying at the Society's office. The premiums and bounties voted by the Society, during each Seffion, were formerly delivered to the fuccefsful candi dates by the fecrctary, after they had refpectively been ordered by the fociety, but are now delivered by the prefident, on the laft Tuefday in May, in the Society's great room, to the Se veral claimants, or their authorized representatives, who are Summoned to attend Sor that, purpofe. This ctremony pre sents a moft interesting and imprefuve Spectacle to the nume rous vifitors who attend it, among whom are generally Sound the firft nobility of both fexes in the kingdom, together with foreigners, and gentry of the highed diftinCtion. The Society have alSo improved on their original plan by publifhing an annual volume of the tranfacf ions, in confe- quence of ' which their correfpondence with perfons of this country and' foreigners affumes more oS a literary character. This department, which includes letters Srom all parts oS the united kingdom,' and many .of, the continent, is confided to the committee of correfpondence and papers, -who, after revifing and ar ranging the communications, dire dt their irifertion in the en- Suing volume oS transactions. This meaSure has proved highly beneficial to the interefts of the fociety, in making public the general fervices they have already' rendered to their country, as well as the objects which engage their immediate- atten tion. Hence not only thofe Subscribing- members who. could not affift at the deliberations of the fociety, and consequently remained unacquainted with their proceedings, receive com plete information of them ;. but the attention of the public is alfo regularly called to the promulgatiori of ufeful and va luable information, relative to the deareft interefts of this country in particular, and1 of mankind in general. The feries of paintings, by James Barry, efq. which occu pies the whole circumference of the fociety's great room, an extent THE ARTS AND SCIENCES. 117 extent of one hundred and fourteen feet by eleven feet ten inches in height, forms not only the greateft ornament of the inftitution, but the firft feature in the character of the Britifh arts, in the united empire. Its defign is to illuftrate this maxim : " that the attainment of happinefs, individual and public, depends on the cultivation of the human faculties." The firft. oS the fix pictures, oS which this Series is compoSed, repreSents man in his uncultivated ftate, with its attendant mifery, invited by Orpheus to the enjoyments of focial order ; the fecond, a Grecian thankfgiving to Ceres and Bacchus ; the third, the victors of the Olympic Games ; the foUrth, the triumph of the Thames, or Navigation ; the fifth, the Society of Arts, &c. distributing dieir rewards ; and the Sixth, Elyfium, or the ftate of retribution. The whole difplays a fund of the richeft talent, the highelt art, and the founded morals, that profeffional ex cellence ever prefented in one grand effort; to the judgment of the amateur, the eye of the artift, or the contemplation of the philanthropist. In the poffefiion of this Work, the fo ciety may truly exult, they are crowned with the laurels raifed by their -own hands : for this excellent inftitution firft called the geniris of the country into action, and nurtured its efforts till they became worthy of royah patronage, and, through that, of public favour ; and in effecting this 'patriotic and 'honourable prirpofe, they have 'devoted more than one third of the fums they have expended in rewards on all the other clafl'es, to that of polite arts alone. Members are thus elected : Peers of the realm, and lords of parliarhent, are, on their being propofed by three members,. immediately ballotted for. Every other perfon is alfo recom mended by three members, at any meeting of the fociety, and his name, addition, and place :of abode being hung up in the great room, until the next meeting, he is ballotted for : and if two thirds qf the members prefent ballot in his favour, he is deemed a perpetual member, en payment of twenty pounds at once, or a fubferibing member, on payment of two . guineas annually. Every member has the privilege of re commending two auditors at the weekly meetings of the fo ciety. He has alfo the ufe of a valuable library, and is en titled to the annual volume of the fociety's tranfactions. Ladies are admitted as members * The meetings are held at an excellent houfe purchafed Sor that purpoSe iri' John-ftreet in the Adelphi. * The lift publifhed December 19th, i?o}, in the twmty-fecond volume of the fudely's tfanfactions, contains 1519 names, 61 whom 190 aie perpetual members. 1 3 Incorporated n8 LEARNING; Incorporated Society of Artists, and Royal Aca demy. The ftate of the polite arts in England at the acceffion of his prefent majefty bordered on national reproach. In the preceding reign they had fuftained total neglect ; but now a more than common attention to the arts began to manfeft it- felf, not only among the profeffors, but among the higher ranks of fociety, which was ftimulated by the favour Shewn to the new and popular inftitution, the " Society Sor the Encourage ment oS Arts, Manufactures, and Commerce," under whofe auf- pices the annual public exhibitions firft originated. Tothisftand- ard modeft merit was invited to receive Support and' protection, and ability acquired means of obtaining diltinCtion and liberal reward. This bias in favour of the iiberal arts was not unno ticed by his majefty ; and when the artifts formed their plan of uniting in a body to perpetuate their public exhibitions, and affumed a permanent character by incorporation, the royal con fent was gracioufly conceded, and their charter granted January a6th, 1765. From this " Incorporated Society of Artifts of Great Bri tain," arofe the Royal Academy, in confequence'of a difpute between the directors and the fellows, which occafioned a Se paration oS interefts. On the 10th of December 1768, the inftitution of the prefent Royal Academy was completed, un der the immediate patronage of his majefty ; and Sir Jofhua Reynolds, receiving the honour of knighthood on the occafion, was appointed its firft prefident. It was inltituted for the en couragement of defign, painting, Sculpture, &c. This academy is under the immediate patronage of the king, and under the direction of fort^ artifts of the firft rank in their feveral profeffions. It furnifhes, in winter, living models of different characters to draw after ; and in fummer models of the fame kind to paint after. Nine of the abieft academicians are aunuallyelected out of the forty, whofe bufinefs it is to attend by rotation, to Set the figures, to examine the performances of the ftudents, and to give them neceffary instructions.. There are likewife four profeflbrs, of painting, of architecture, of anatomy, and of pcrfpective, who annually read public lectures on the , Subjects of their feveral departments, befide a prefident, a council, and other officers. The admifiion to this academy is free to all ftudents, pro perly qualified, to reap advantage Srom the iludies cultivated in it ; and there is an annual exhibition oS paintings, Sculptures, and defigns, to which all artifts of distinguished merit may Send Specimens. The money paid as the price of admiffion to thefe exhibitions has, of late years, proved fully fufficient to fupport the expenfes of the eftabhfhment, but at its commen cement it 7 was THE ARTS AND SCIENCES. up was affifted by royal bounty to the amount 0S5000/. It is only neceffaryto recollect thenumerous productions whichhave paffed in review "before the public, fince the formation of thefe efta blifhments for the encouragement of the elegant arts, to be con vinced of the found policy of giving all poffible energy to thofe exertions of native genius, which in fo Short a time have turned the tide of public approbation, and added fignal glory to the Britifh name, by breaking through all the obstacles raiSed by prejudice, ignorance, or malice. The Society of Artifts (till exifts ; its eftablifhment is in the Strand. The Royal Academy had at firft its rooms in Pall- Mali, but afterwarda magnificent Set oS apartments was allot ted to it in SomerSet Houfe. British Institution. In the exhibitions at the rooms of the Royal Academy, it invariably occurred that too great a number of Subjects vras preSented to allow oSthe diftinCt con templation of every picture, or of every clafs, and the great proportion oS portraits prevented the favourable difplay of hiftori cal pieces. To obviate thefe complaints, and to afford oppor tunities for the artifts of this country to gain the advantages refulting from the frequent view of their productions by the puhlic, anew fociety was formed in the year 1805, under the name of the Britifh Inftitution, where hiftorical pieces by Bri tifh artifts, and intended for fale, can alone be exhibited. A large fubfcription was Speedily made for the generous pur pofe oS encouraging native genius, and a houSe in Pall Mall, erected by alderman Boydell Sor the exhibition oS pictures painted Sor his publication bf Shakfpcare, and aSterward diS- poSed of by lottery, was purchafed for the inftitution. By its fundamental regulations, the executive government is confined to a committee of Sixteen oS the noblemen and gentler men who are of the claffes of hereditary, governors, having fub- fcribed one hundred guineas, and of life govoruors, having Sub- Scribed fifty guineas in one fum. A committee of vifitprs of the fame number and order of Subscribers form alfo a branch of the eftablifhment ; together with a treafurer, fecretayy, and keeper, with an adequate number of neceffary Servants. The property oS the inftitution is vefted in the hereditary . governors, fubjeCt to the privileges of the life governors, and of the annual and life fubfcribers. Every governor has a right of perfonal admiffion to the infti tution,, and of introducing two friends each day to the' exhibi tion and gallery. Annual fubfcribers of five guineas have alfo the fame privi leges. 1 4 . -Annual 120 LEARNING.; Annual fubfcribers' of three guineas have perfonal admiffion, with one friend.daily. Annual Subscribers of one guinea, or ten guineas in one fum as life Subscribers, have orily perfonal admiffion to the exhi bition and gallery. Ladies may be fubfcribers in'the clafs of governors, and vote by proxy. They are alfo life or annual Subscribers, in which claffes none are qualified as voters on any bufineSs of the inftitution. The treafurer is annually chofen, and gives Security to the directors, with two Sureties in the fum oS 5000 /. The keeper, who has the care of the premifes, and the whole property oS the inftitution, the arrangement and con ducting of the exhibition and Sales oS pictures, &c. in the gal lery, together with the direction and Superintendance oS all the Servants of the eftablifhment, holds that office during pleafure ; under the Security oS his own bond in the Sum1 oS one thoti- Sand pounds, and that oS a Sriend ,in the Same Sum. The terms oS admiffion of pictures for exhibition and fale, in the gallery of the inftitution, are the fame as at the R.oyal Aca demy, the artift being only at the expehfe and trouble of fend ing them, and of taking them away at the clofe of the exhibi tion. No artift can have any (hare in the direction of the in ftitution ; but they are at. ' liberty to become fubfcribers. Pictures, &c. that have been exhibited at the Royal Academy, or-in any other exhibition, are eligible to be received and exhibited in the Britifh gallery, if approved of by the committee of directors. No deduction whatfoevcr is made on any pic- ture-or other work of art fold in this gallery ; nor on the Sale of any picture, nor can they b,e removed till the clofc of the ex hibition. Befide thefe very advantageous offers to artifts, the patrons of the inftitution have extended the benefit, by lending the beft pictures of the ancient mafters to bs placed in the room during the recefs of the regular exhibition, and copied by young artifts. Gresham College. This eftablifhment for the diffufion of instruction in the metropolis, owes its origin to Sir Thomas Grefham, a very wealthy merchant, who, dying in the reign of Queen Elizabeth, bequeathed to the corporation of London one moiety of the buildings of the Royal Exchange, upon truft that they and their fucceffors fhould every year give and distri bute, for the fuftentation of four perfons, to be chofen by the corporation, qualified to read lectures of divinity, aftronomy, mufic, and geometry, in his. own dwelling-houfe, in the parifh of-St. Helen's, BifhopSgate-ftreet, and St. Peter's the Poor, the fum of 200/. ; that is, to every of the faid readers the fum of 50/. yearly each for their falaries and ftipeuds. The other moiety THE ARTS AND SCIENCES. 121 moiety of the faid buildings he gave to the mercers' company, in trull yearly to pay Sor the finding, and fuftentation of three perfons, by tham to be chofen, to read lectures pf law, phyfic, and rhetoric, withthelike ftipend. And he gave his manfioh-houfe, with the garden, ftables, and appurtenances, to the corporation, and the mercers' company, to hold in common for the abode of the feven perfons by them appointed to read letStures. This patriotic and benevolent bequeft was not carried into ef fect without Some oppofition, and the progreSs of th« undertak ing wa^ impeded by fome quarrels between the profeffors and the mercers' company, and fome parochial difputes ; but at this time, the lectures continue to be read daily in term time, at a room over the Royal Exchange, the rotation being, Monday, divinity ; Tuefday, civil law ; JVednefday,- aftronomy and mufic ; Thurfday, geometry ; Friday, rhetoric ; and Saturday, phyfic. The prpfeflbrs have too/, a year each. The terms, kept for reading thefe lectures are peculiar to Grefham college. They are five in the year ; the firft begins the Monday before Trinity term, of the common law, and continues thirty days'; after which term a vacancy or, intermiffion is granted for private ftudy and other bufinefs, and for avoiding the concourfe of people in. the heat of Summer. The "Second term begins the firft Monday in September, and continues a fortnight. The third term begins the Monday before Michaelmas term, and lads till and ends with the fame term. The fourth begins the Monday next after the Epiphany, and 'continues for three score days. The fifth term begins the Monday fcvennight after Eafter day, and ends with Eafter term. The Royal Institution. In the year 1800, a fociety was rormed under the patronage of his Majefty, and incorpoiated by royal charter, called the Royal Inftitution of Great Britain for diffufing the knowledge, and the facilitating- the general in troduction oS uSeful mechanical inventions and improvements ; and for teaching, by courfes of philofophical leCtures and experi ments, the application of Science to the common purpofes of life. Of this undertaking an account was given in aprofpectus,which, with a copy of the charter, was delivered to the public. It .Stated the various impediments which oppofed the progrefs of improvement, and then proceeded ; three diftinct methodslug- geit themfelves for the removal or diminution of the difficul ties ftated above: lit, To give premiums to inventors, which, is already done by the fociety Sor the encouragement of 'arts, &c. 2dly, To allow temporary monopolies, which is done by the grant of patents. 3dly, To diffufe the knowledge, and fa cilitate the introduction of ufeful mechanical inventions and improvements, J 23 LEARNING; improvements, which is propofed to be done by the Royal In ftitution. " In the houfe lately purchafed in Albemarle-ftreet by the managers, it is intended to exhibit to the public the completeft working models, or conftrudtions of the full Size, of all fuch new and valuable inventions as are capable of being applied to the common purpofes of life. By this arrangement, thofe who adopt them may readily determine, if any failure happened in their experiments, whether the mistakes of workmen, the ma nagement of fervants, or the principle of the invention have been the caufe. Such a repofitory muft alfo be of infinite ufe to artificers in furnifhing models, and muft enable the inquirer to obtain a thorough acquaintance with the nature and principles of what he wifhes to imitate. Whatever is vifible and tangible addreffes itfelf rriore forcibly to the understanding than can be conveyed by any graphic or written description : it is not, however, intended to neglect the aid of the latter ; and, accordingly, detailed accounts or defcriptions, accompanied with fuitable drawings, will alfo be exhibited by way of illustra tion. " Arrangements will alSo be made, and correspondence efta blifhed, for obtaining a knowledge of new inventions, both at home and ahroad. Vifitations of manufactories, and examina- nations of the various proceffes in the arts, are likewiSe intend ed ; and to the growing maSs of inftruCtion, which may arife from thefe fources, the managers will add a library of all the beft publications on the Subjects for which this inftitution is eftablifhed. " For teaching the application of fcience to the ufeful purpofes of life, a room is fitted up for philofophical lectures and experi ments ; a complete laboratory and philofophical apparatus, with the neceffary inftruments, are provided ; and men of the firft eminence in fcience engaged to officiate in this effential department. " Chemifiry, with the aid of a laboratory, and complete appara tus for the feveral proceffes, is taught in the moft (imple and per- Spicuous manner ; add the elementary knowledge So indiSpen- fable to the intelligent manuSaClurer, is connected with the, great operations oS art and trade. " From the vaft field of individual operations or Separate ma- nuSaCtories, the inquirer is led to greater works oS more general confideration, which include not only the objects of mechanics and chemifiry ftriCtly taken, but likewife thofe of commercial operation and political economy, as the ftrufture of roads and forms of vehicles, the eftablifhment of canals, the improve ment THE ARTS AND SCIENCES. 123 ment of rivers, harbours, and coafts, the art of war, and various objects connected with it." The funds of the inftitution arife, ift, From fifty guineas paid by each hereditary fubfcriber, who is named a proprietor ; 2d, From ten guineas paic| by each life fubfcriber; 3d, From two guineas paid by each annual fubfcriber ; 4th, From particular donations and legacies. A proprietor has an hereditary transferable fhare in the houfe and all the property belonging to it, has a vote in the eleCtion of managers and vifitors, and two transferable tickets of admif fion to the eftablifhment and lectures. A life fubfcriber has a ticket of admiffion for life, not transferable. An annual fub fcriber is entitled to a fimilar ticket during the continuance of his fubfcription. The three claffes are alike open to ladies and gentlemen, and every clafs of fubfcribers has the privilege in common of having copies of models or drawings made (at their own expenfe) from thofe belonging to the inftitution. In the houfe in Albemarle-ftreet, St. James's, the principal apartments are appropriated in the following way : thofe on the ground floor are one for the reception of the fubfcribers in ge neral ; and it is there where the moft efteemed periodical and fcientific journals, foreign and domeftie, lie for perufal, and where alfo a library is formed ; the other is ufed as a board room Sor the managers, and alfo as ah occafional place of meet ing for the vifitors. / Two rooms on the firft floor have been laid together, and formed a temporary lecture room, but is to be for the library; oppofite is the repofitory Sor the philoSophical apparatus uSed at the lectures. The offices below are Spncious, and Suitable to many uSeful purpoSes. The plan alSo comprehends the Sormation of a complete Sci entific theatre, or lecture room, a capacious repofitory, co- cxtenfive with the theatre, for the expofition of mechanical mo dels and improvements, and a complete laboratory. The lectures at the Royal Inftitution have been, from its firft Soundation, attended with eager curiofity by perSons of the firft diftinction in the Safhionable as well as the learned world. Journals were alfo publifhed of the proceedings, which, it was declared, fhould be exclufively devoted to the djffufion of the knowledge of new and interesting fcientific difcoveries, and of ufeful improvements in mechanics, arts, and manufactures ; and particularly in making known all fuch new inventions and contrivances as tend to facilitate Jabyur, render it more produc tive, to promote domeftie economy, and increafe the conveni ences, comforts, and enjoyments of life. Neither political dif- cuffions,nor religious difputes, nor the common news of the day were ever to find a place in thefe journals ; nor the common ad vertisements. 124 ' LEARNING;- vertiSements of individuals ever to be publifhed in them, on any pretext whatever. They, occafionally contained copper plates, or diagrams cut in wood, for the purpofes of illuftration ; and were fold at a price merely fufficient to pay for the com piling and printing. Numerous committees were formed for. giving effect to the various plans of the inftitution, and the lift of proprietors and fubfcribers filled with prodigious rapidity. The inftitution is placed under the government and direction of a prefident, a committee of fifteen managers, and a com mittee of vifitors of the fame number ; to thefe are added a treafurer, fecretary, profeffor of chemifiry, librarian, and fome other officers. The London Institution. The London Inftitution was formed in the autumn of 1805, by the indefatigable exertions of a few public Spirited-individuals. The temporary houSe, till the managers can procure a more Suitable place, is in the Old Jewry. The defign of this inftitution is to promote the diffufion of fcience, literature, and the arts, its views at prefent being con fined to three objects ; viz. the acquifition of a valuable and extenfive library- ; the diffufion oS uSeful knowledge by means of lectures and experiments ; and the eftablifhment of a reading room, where the foreign and domeftie journals, and other periodical works, and the beft, pamphlets and new publication&are provided for the ufe of the proprietors and fub fcribers. The government of this inftitution is vefted in the committee of managers, confiSting of the prefident, four vice-prefidents, twenty managers, and the Secretary. The proprietors, the number oS whom is limited to one thouSand, paid Seventy- five guineas Sor each Share, and the life Subscribers twenty-five guineas. The proprietors are intitled to' perfonal admiffion to the library, lectures, and reading rooms, and to one trans ferable ticket, intitling the bearer to the Same privileges. The liSe Subscribers have perSonal admiffion only.' On entering thehouSe, the large room behind the hall is fitted up Sor the purpoSe of the proprietors and fubfcribers reading the Englifli newfpapers ; the room on the right for the foreign journals and newfpapers; and that on the left for the Englifh monthly publications and modern popular books. The library is on the firft floor, and contains a numerous and well-Selected variety of Scarce and valuable claffical, hifto rical, and miscellaneous books. Board of Agriculture. This board, formed on fcientific principles, for a purpofe of acknowledged and general utility,' owes its origin to Sir John Sinclair. In the courfe of many active THE ARTS AND SCIENCES. 125 active inquiries into the revenue and other Subjects connected with the proSperity of the Britifh nation, and of many earnefl endeavours to meliorate the condition of the country at large, both by his perfonal labours and the formation of ufeful So cieties, he formed an ppinion that, unlefs a board of agriculture were instituted Sor the Sole purpofe of Superintending the im provement of the Sheep and wool of the country, and other objects connected either with the, cultivation or with the paflurage of the foil, the exertions of any private fociety muft, foon flacken, and its labours become ufelefs and inefficient ; whereas under the protection of government, and the fuperin- tendance of fuch a board, properly constituted* (mora efpecially if formed of perfons, who gratuitoufly devoted their fervices to promote fuch valuable and truly national interefts^) every field would foon be cultivated to the beft advantage, and every fpecies of (lock would foon be brought to their greateft poffible perfection. Fully impreffed with the importance oS the inftitution thus hinted at, he came to London in December 1792, and com municated it to the minister. As Sir John was in oppofition, his hopes of SucceSs were not very Sanguine ; but Mr. Dundas, with characteristic liberality, became So Satisfied on the Subject, that in the progreSs of the affair through the Houfe of Commons, he aided it with his utmoft ability and influence. The ¦ re fi fi ance to the meafure was made by the oppofitioi% 'party, who imagined that Some deep plot of the-miniftersy or Some- Scheme oS corruption or influence was at the' bottom. An addreSs to the King was however oarried, requiring the eftablifhment of a board Of agriculture, the expenfe being limited to 3000/. per annum, and the projector was appointed its firft prefident. '-' '-' The plan of the board is thus Stated by Sir John * Sinclair himSelf. " It is propoSed that the Board fhall confift.of twenty- four members, in the fame manner as the prefent Board of Trade *, but not to be restricted to members of his Majedy's Privy Council, as the prefident of the Royal Society, and other perfons, who are not in either houfe. of parliament, may be ufeful membersi, The advantages of a great number of mem bers are, firft, that it totally precludes every poffible idea of giving Salaries,' which would not anSwer any teal purpofe of utility, and would at the fam&time make the inftitution expen- five. Secondly, it would give occupation of a public riature to many refpectable individuals, both in and out'of parliament, who are anxious to be ernplbyed in public bufineSs, but who at * With, however, an unlimited number of honpiary and eorreljjonding members. preSent 126 LEARNING* prefent have no particular object, to which they* can direct their attention, " The expenfe of fuch a board may be estimated at about 3000 /. per annum, to be laid out in the following manner : Per Ann. I. Expenfe of the houfe, a fecretary, and two clerks, (for the correfpondence will be very extenfive,) may be ftated at - - £S00 ° ° 2. Stationary may amount to - - 200 o o 3. Foreign correfpondence refpecting the agricul ture of other countries, procuring foreign books on agriculture, feeds, animals, and implements of hufbandry - 300 o o 4. The expenfe of fending perfons to make regu lar annual fiirveys of the ftate of agriculture and Sheep-farming, all over the kingdom, for the purpofe of eftablifhing correspondence, of afcertaining what improvements have been made in different parts of the country, the principal defects of each diftriCt in the ma nagement of their farms, Sec. - - 500 o o 5. The expenfe pf printing and circulating thofe Surveys, and other works that may be publifhed under the fandtion of the board, together with honorary rewards to correfponding mem bers, who try, in different, parts of the country, fuch experiments for the improvement of wool, ckc. as may be recommended by the board - - - - 500 o o 6. The expenfe of collecting the materials of a flatiftical furvey of England, to be carried on under the Board of Agriculture - 500 o ® 7. Incidental Expenfes r - - 500 o o £3000 o o « The above fum, it is believed, will be found adequate to the "purpofes in view ; and in order to obviate every poffible objection on the fcore of expenfe, it is propofed to eftablifh Such a board for five years only, merely by way of experiment, to be afterwards continued, in the event alone of its anfwer- ing the important object for which it was inftituted. It was at firft intended to propofe fome additional expenfe, to be laid out in premiums ; but, upon farther confideration, it was judged more advifeable to leave the giving of money in pre miums THE ARTS AND SCIENCES. ia7 miums to private focieties, and reftrict the donations of a pub lic board, to honorary rewards. " That the public ought not to grudge fuch a fum for So ne ceffary a purpofe, need hardly be long dwelt upon. For ob- ' jedts of general utility, parliament has often, and ought always^ to exert itfelf. The Board of Longitude has had various con fiderable fums laid out as premiums under its authority, for rewarding fuch as have made any important difcovery in the point to which its attention is directed. The culture of flax has been encouraged by public bounties. And where is the object fo well entitled to national countenance and fupport, as that of promoting the general interefts of agriculture, and of ascertaining the beft means of bringing it to perfection ? " The advantages of fuch a board are obvious. " I. It is well known, that there are many focieties for the improvement of agriculture, in all its various branches, already fcattered over the kingdom, and many more would probably be eftablifhed, were parliament to fanttion the object of fuch focieties by its approbation. The eftablifhment of fuch a board, there is reafon to believe, would be of incredible fervice in keeping up the fpirit of fuch inftitutions, in giving them a proper direction, and in procuring for them more' weight and confequence in thofe parts of the country where they exift. Befides, at preSent any improvements made by Such focieties are only known within their own narrow fphere ; whereas they might be rapidly fpread over die whole kingdom through the medium of a board of agriculture, with whom every one of them would.be defirous of corresponding. " H. In regard to the idea, that the whole had better be car ried on by a private Society, it is to be obServed, that no private fociety can ever have the Same weight, either with the farmer at Jiome, or with foreign countries (from which undoubtedly much information may be obtained), as a public itiflitution. In the fecond place, no private fociety could be intrufted like a public Board, with a power of receiving and transmitting letters, and even parkets, duty free, without which, at the Same time, it could not be oS general benefit; for it is only by frequently difperfing Small tracts, and not voluminous publications, that the firmer can bell be inftructed and rouSed to aCtivity and ex ertion. In the third place, a public board may eafily collect into one focus, all the knowledge and information that may be acquired by a great number of fmall focieties fcattered over the kingdom; may make them, ufeful tp each other, and mu tually co-operate for the general benefit of the country ; but that is a degree of authority, which no private fociety, however conftitutcd, could pofllbly acquire. "III. It 128 LEARNING; " III. It is now found that an union of hufbandry arid Sheep- farming is the beft means of bringing agriculture to perfection ; whilft, at the fame time, it furnifhes the raw materials for our moft valuable manufacture. By carrying the improvement pf our wool, both in regard to quantity and quality, as far as the foil and climate of Great Britain will admit of (which, if fuch a board were eftablifhed, might be done in the (pace of a few years), there is every reafon to believe that three millions per annum, in manufactured articles, will be added to the national wealth, in addition to the benefit which the foil will receive from an improved fyftern of hufbandry. " IV. But the part of the plan from which the greateft and mod important benefits are to be expected, is that of carrying on a datiftical furvey of England, for the purpofe of afcertain ing the real political Situation oS that part ai the kingdom, in every point oS view, refpeCting which a ftatefman' would wifh to have information. In the Short period of 'about three years, fuch a Survey oS Scotland will be completed, by the voluntary exertions of the clergy oS North Britain'; and in the Space oS five years, a Similar Survey of England may be brought to a eon- clufiori. The object oS Such a Survey would be, to aScertain the general ftate oS the agriculture, the manufactures, and the commerce of the country, the means of improvement of which they are respectively capable ; the amount of the population of the date; and the caufes of its increafe or decreaSe : the man ner in .which the > territory of the country is poffelTed and culti vated ; "the nature and. -amount of the various productions of the foil, the value of die perfonal wealth of dock of the- inhabitants,' and how it can be augmented; the difeafes to which, the people are fubjeCt, their caufes, and their cure ; the occupations of the people, where they are entitled to encou ragement,' and where they ought to be fuppreffed ; the condition. oS the poor, the bed mode oS maintaining them, and oS givjng.«them employment ; the. date oS Schools* and other in stitutions Sormed Sor purpoSes of public utility ; the date, of the villages and of the towns in the kingdom, and the regulations bed calculated for their police and good government ; and laftly, the ftate of the manners and morals, and the general characttrof the people, and the articles in regard to which their fituation is moft capable of melioration and improvement. " To conclude, it is only by means of fuch inquiries that anv fociety can poffibly expect to enjoy all that political happinei's to which it muft naturally aSpire. By ascertaining Sads with minuteneSs and accuracy, the real ftate of the country muft be made known, and the means of its future improvement pointed out. Every field, it may be expected, will then be cultivated to THE ARTS AND SCIENCES. 129 roths beft advantage, and every meafure will be taken, that can beft tend to promote the general interefts of the commu- . nity." That this eftablifhment has been attended with confpicuous fuccefs and effects eminently beneficial, no one who perufes the publications of the Board, »md reflects on the increafed energy with which agricultural improvement has been purfued fince its formation can doubt. The great and moft extenfive- ly ufeful attempt of the baronet, that of obtaining a minute ftatiftical account of the whole kingdom, could not, however, be effected. The fum allowed by government was insufficient, and as the privilege oS franking was not granted to the Board, it could not fullain the heavy charge of poftage, which muft have been incurred. It was alio Sound impoffible, out of the limited fum of 3000 /. per annum, to furnifh copies of the reports to all members of either houfe of parliament who fhould apply for them, without the aid of a fubfcription of ten guineas from each. This outline will exhibit to the reader the nature of the moft general and popular inftitutions for the diffufion of knowledge and tafte, and encouragement of the arts and Sciences ; but it is not to be SuppoSed that it Is any thing ap proaching to an enumeration of the vaft variety of eftablifh ments and undertakings which -public combination and private enterprize have formed for thefe purpofes. Mufeums, ledure- rooms, libraries, and laboratories are eftablifhed in every part of the kingdom, nor is there an art, or a topic of human curi- ofity, which is not illuftrated and familiarized by lectures and models. Every town in the kingdom poffeffes either a book fociety, where publications of merit are bought by fubfcription for the ufe of the parties, or a circulating library, where they are purchafed by the proprietor of the houfe, and lent to readers, in confideration of an annual or other Subscription. Works of every defcription are daily iffued from the prefs, the reviews of literary productions are numerous, and .conducted with fpirit and ability, and in various periodical publications, the progrefs of the ufeful and ornamental arts is accurately traced, while the great interefts, or amufing levities of human life furnifh matter to a great number of daily, weekly, and other papers. Liberty of the Press. The liberty of the prefs is juftly confidered one of the moft invaluable bleffings attending the free and happy constitution oS Great Britain. This privilege, however valuable, mud be enjoyed, like all other privileges, with Such temperance as may prevent it from degenerating in to abufe ; for, in fact, they who fupport the unbridled licen- Vol. III. K ' tioufnefs 130 LEARNING; tloufnefs of the prefs are the greated enemies to its real liberty. Where the prefs is exempt from all redraints, its perpetual offence becomes unbearable ; irritation is Succeeded by violence ; the peace oS Society is deftroyed ; and the majority of reafoning men find it more eafy to Submit to a tyrannical redraint, which at fird gives relieS, although in the end it is deftruCtive of liberty, than to endure the miferies arifing Srom continual hoftility, inflamed by the rancorous effufions of a fcurrilous and unreftrained prefs. Fortunately for this country, its progrefs in this matter has not been from exceffive liberty to fevere restraint, but Srom abSolute Slavery to the only rationa freedom that can be. attained, the liberty of doing whatever feems good to the individual, fubjeCt to the refponfibility im- poSed by the law. How this operates with reSpeCt to libels has been mentioned in the preceding volume. Licensing. A restraint on the general Sreedom of the prefs was empowered by the flat. 14 Charles II. which expired in 1692; and was ever confidered as a hard law, Since it every where countenanced the king's excluflve privilege of printing, reftrained the number of preffes, rendered the licenfing of books neceffary, and impofed heavy penalties and Sorfeitures. By this ftatute, which recited that printing is a matter oS pub lic care, it was enacted, that no private perSon whatsoever fhould print, or cauSe to be printed, any book or pamphlet, un lefs the fame fhould be" firft entered in the book of the Re gistrar oS the Company oS Stationers in London ; except acts oS parliament, proclamations, and Such other books and papers as fhould be appointed to be printed by virtue oS the king's fign manual, or under the hand oS one oS the Secretaries of ftate ; and unlefs the fame fhould be -firft licenfed by the feve ral perfons therein directed ; that is to fay, all books concern ing the common law were to be printed by the allowance of the Lord Chancellor, the Lords Chief Juftices and Lord Chief Baron, or one of them ; of hiftory, concerning the ftate of this realm, or other books concerning any affairs of ftate, by one of the fecretaries of ftate ; of heraldry, by appointment of the Earl Marfhal, or if there Should be no Earl Marfhal, then by two oS the kings oS arms ; all other books, whether oS divinity, phyfick, philofophy, or other fcience or art whatfoever, by the archbifhop oS Canterbury, or, -bifhop of London, or by their ap pointment refp'eCtively, or, in the univerfities, by the chancellor or vice-chancellor'there, provided that the Said chancellor or vice- chancellor fhould not meddle either with books of common law, or matters of ftate or government, nor any book, the right of printing which Solely and properly belonged to any particular perfon. And the printers were to- Set their names, 7 and THE ARTS AtiD SCIENCES. 131 and declare the name of the author if required. But there was a provifo, that nothing therein fliould extend to infringe any the juft rights' and privileges of either of the univerfities, touching the licenfhig or printing of books therein ; nor fhould extend to prejudice the juft rights and privileges granted by the king, or any pf his royal predeceffors, to any perfon or perfons " under the great Seal or otherwife, but that they might exercife Such rights and privileges according to their reSpeCtive grants. ' ''¦ ¦>"> ." • Modern Restraints. From the time when this a£i ex pired, printing was under no controul or reftraint, except the general reSponfiblity Sor the publication of libels ; nor is it at this day ; but in order to prevent the clandestine fabrica tion of improper publications, which might be' distri buted by perSons too obScure and infignificant for effectual punifhment, the 39th Geo. III. c. 79, made to prevent the miSchiefs meditated by certain Seditious Societies, recites and enacts, arnong other things, as Sollows : " And whereas the focieties aforefaid, and rnany others have caufed to be publifhed in great quantities, divers printed papers of an irreligious, trea- fonable, and feditious nature, tending to revile religion, and ex cite hatred and contempt of his majedy's perfon, government, and laws, and it is highly important that it fhould be known by whom fuch papers are printed : It is enacted that every perfon having any printing prefs or types for printing, fhall caufe notice thereof, figned'in the prefence of, and attelted by one witnefs, to be delivered to the clerk of the peace, or his deputy, who fhall grant a certificate thereof, for which fhall be paid one drilling and no, more; and fliall file fuch notice, and fliall tranfmit an attefted copy thereof to a Secretary of ftate. And , every perfon who, not having delivered fuch notice, and obtained fuch certificate, fliall keep or ufe any printing prefs or types for printing, or having delivered fuch notice, and obtained fuch certificate, fhall ufe any prefs or types in any other place than that expreffed in fuch, notice, fliall forfeit 20 /. Provided that no thing herein fliall extend to his majefty's printer, or to the two univerfities. And every letter-founder, or maker or feller of type for printing, or of printin.r preffes, fhall give notice of his in tention of carrying oii fuch bufineSs to the clerk oS the peace, or his deputy, who fliall thereupon grant a certificate thereof, for which fliall be paid one Shilling and no more, and Shall file fuch notice, and fliall tranfmit an attefted copy thereof to a Secretary of ftate ; and every perfon who fliall make or fell any type for printing, or printing prefs, without having given Such notice, and obtained Such certificate, • fliall forfeit 20 /. And every perfon who fhall fell types for printing, or any K 2 ' print- ^32 ' LEARNING; printing prefs as aforefaid, fhall keep an account in writing of all perfons to whom any fuch fhall be Sold, and fhall produce Such account to any juftice who fhall in writing demand the Same ; on pain of forfeiting 20 /. And every perfon who fhall print any paper or book, which fhall be meant or intended to ' be publifhed or diSperSed, whether Sold or given away, fhall print upon the Sront of every fuch paper, if printed on one fide only, and upon the firft and laft leaves of every paper or book which fhall confift oS more than one leaS, in legible characters, his name, and the name of the city, town, parifh or place ; arid alfo the name (if any) of the fquare, ftreet, lane, court, or place in which his dwelling houSe, or ufual place of abode fhall" be ; and in default, fliall for every copy of fuch paper fo pub lifhed or difperfed, forfeit 20 /. and alfo every perfon affifting therein Shall forfeit the like penalty. Provided that nothing herein fhall extend to any papers printed by the authority and for the ufe of either houfe 'of parliament. Nor fhall any per fon who Shall diSperSe or affift in diSperfing any paper, printed Under the authority of the head officers of any of the principal officers of ftate, or oS any board oS revenue, or the army or navy, without the regulations oS the aSoreSaid act being com- -plied with, previous to the palling oS the Said act, be liable to the penalties of the Said aCl. And any perSon who fhall- print any paper for hire or profit, fhall keep one copy thereof at leaft, on which he fliall write or print the name and place of abode of the perfon. by whom he is employed, and fhall keep ¦ the fame ' for fix calendar months next after the printing thereof, which he fliall produce to any juftice who, within that -time, fhall require to See the Same; on pain oS forfeiting for every Such neglect 20 /. And any perSon to whom or in whoSe • prefence, any printed paper not having the name and place of abode of any perfon printed thereon, fhall be fold or offered for fale, or given gratis, or offered fo to be ; or fhall be pafted, fixed or leSt in any public place, or in any other manner ex- pofed to public view, may take and convey Such offender be fore a jufLce, or may deliver him to a conftable or other peace officer to be carried before a juftice, tothe intent that he may hear and determine whether fuch perfon has been guilty of any offence againft this act. Provided, that nothing herein fliall extend to any engraving, or to the printing by letter prefs of die name, or the name and addrefs, bufinefs or profeffion of any per fon, and the articles in which he deals ; or to any papers for the fale of eftates or goods by auction or otherwise ; nor -to alter any rule, regulation, or prbvifion in any act oS parliament re specting the. printing, publifhing, or distributing any newSpaper, ©r other printed paper. And if any juftice Shall, Srom informa tion THE ARTS AND SCIENCES. 133 tion on oath, have reafon to fufpect that any printing prefs, or types for printing, are ufed, or kept for ufe, without notice given, and certificate obtained as hereby required, or in any place not included in fuch notice and certificate, he may, by warrant, empower any conftable in the day time, with Such perfon as fhall be called tp his affiftance, to fearch any houfe, room, or place, and to feize and carry away every printing prefs found therein, together with all the types and other articles thereto belonging and ufed in printing, and all printed paper there found. Profecutions to be commenced within three months ; penalties under 20/. may be recovered in a fummary way before magistrates ; and the monies recovered are to be applied half to the king and half to the informer. Copy-Right. Originally the Crown was invefted with the prerogative of granting patents for the printing of books, and this right, however injurious and oppreffiye to the Subject, is referved to the king inthe ftatute (21 Jas. I. c. 3.) againft mo nopolies. This prerogative, however, was much difputed, and although many decifions were given in favour of patentees, yet the right became at length greatly reftricted, and at laft limited to a very Small number of objeCts. The general rule eftablifhed was, that if a book had no certain author, the king had the pro perty of the copy, and might grant it to whom he thought fit; hence almanacks, tranflations of the Bible, and the book of Common Prayer, were beftowed by royal grant, although it has been Shaken by legal decifions with reSpeCt to almanacks, and is frequently, and eafily evaded with refpect to Bibles and books of Common Prayer. For protection of the rights of authors to the works produced by their own induftry or genius, provifion was made by the 8 Anne, c. 19., and further extended by the 41ft Geo. 3. c. J07., and the 54th Geo. 3. c. 156. The effect of thefe ftatutes is, that the author of any book and his affigns fhall have the fole liberty of printing it for twenty-eight years, to commence from ,the day of publifhirig ; and fhould the author furvive that term, the right reverts to him for life. If any perfon within that time fhall print, reprint, "or import any fuch book without the confent of the proprietor, or fhall knowingly publifh it without fuch confent, the offender fhall be liable to damages, with double cpfts, to be recovered in a fpecial aCtion on the cafe, fhall forfeit the books and fheets to the proprietor, who fhall damafk and make them wafte paper, and fhall forfeit ~^d. for every Sheet found in his cuftody, either printed or printing, one moiety to the crown, the other to him who will fue in any court at Weftminfter. In confideration of this protection, arid for the advancement of leanuHg, the proprietors of books are obliged, on demand regularly made, to fend a copy' of every Vol. HI. * K 3 work, 134 LEARNING ; work, with its maps and prints, to each of the following reposi tories of learning. The Britifh Mufeum, Sion College, the Bod leian Library, the public library at Cambridge, fhe library of the Faculty of Advocates at Edinburgh, the libraries of the four ' Univerfities of Scotland, and Trinity College, and the King's Inns libraries in Dublin. It was determined by the court of King's Bench in the great cafe of Millar v. Taylor, that an exclufive right in authors ex- ifted by the common law. But afterwards in the cafe of Donaldfon v. Becket, before the Houfe of Lords, which was finally determined 12th February 1774, it was holden, that no copy-right fubfifts in authors after the expiration of the feveral terms created by the above ftatute of Queen Anne. In confe- quence of this decifion an act was paffed in the following year for enabling the two univerfities in England, the four univer fities in Scotland, and the colleges of Eton, Weftminfter, and Winchefter, to hold in perpetuity their copy-right in books given or bequeathed to them by authors, or their representatives, upon truft that the profits arifing Srom the printing or reprinting of fuch books fhall be applied as a Sund for the advancement of" learning, and other beneficial purpofes of education. If an author or his affignee feeks for penalties under the above ftatute, he will not recover them, unlefs he has complied with its directions, by entering the title of his work in the books of the Stationers' Company at Stationers' Hall, London, and de livering the copies as in the act directed. But, in any cafe, the court of Chancery will grant an injunction to reftrain a piratical publifher from continuing to fell a work purloined from another, and will oblige him to account for the profits, and that, in Some cafes, with cofts. - It has been adjudged that mufical publications are within the protection of the ftatute ; and the privileges granted to authors are extended to the inventors of prints and engravings, for the term of eight-and-twenty years, by the ftatutes 8 Geo. II. c.13. and 7 Geo. III. c. 38., befides an action for damages, with double, cofts, by flat. 17 Geo. HI. c. 57. Alfo by 38 Geo.III. c. 71. artifts employed in making models and calls of bufts and other figures in alto and baffo relievo, have obtained for them felves and their affigns the exclufive property for fourteen years of all original models and cafts, which muft be marked with the name of the proprietor and the date of their publication. Patents. As the compofers of good books are protected in the enjoyment of their fair profits for a reafonable time, fo alS6« they whoj by mechanical or other inventions, benefit the com munity, and facilitate the progrefs of the arts, manufactures, or trade, are allowed the fole privilege of making the things they have invented for the term of fourteen years. The privilege of granting THE ARTS AND SCIENCES. 135 granting letters patent to this effect is refervcd to the king in the ftatute againft monopolies, and the obtaining of it is con fidered as mere matter ,of right, not of favour, fince it is never refufed on a proper application, and on payment of the fees, which amount to about 100/. The patent is granted upon condition that the invention is new, or new in this country ; and that the patentee Shall deliver a Specification oS his invention, containing Such a de- fcription, plan, or model of the machine or article, as to be in telligible to every artift converfant in the Same trade or manu factory. Or the invention muft be So deScribed that the public may, at the end of fourteen years, have the ufe of it in as cheap and beneficial a manner as the patentee himfelf ufes it. Hence if the fpecification be in any part materially falSe, deSeCtive, obScure, or give directions which tend to miflead the public, the patent is againft law and cannot be Supported. The Specifica tions are preServed in an office Sor public inSpeCtion ; and Some patents, in very valuable manufactures, have been declared yoid, on account of the defigned obfcurity of the fpecification. In fome extraordinary cafes, uarliament has granted to the patentee an additional term, after the expiration of the firft fourteen years. TRADE. In considering of the political ftate of the Britifh Empire, its commerce forms a topic of the higheft importance. The local pofition oS the country, the ViSe and philofophical views both oS its government and people, the eaSe, independence and Security arifing from experienced fucqeis, and the clamorous envy of rival nations have concurred to point out the trade of the Britifh nation as the fureft fource of its grandeur, fafety, and happinefs. A detailed hiftory of the rife and progrel',5 of trade in Great Britain wbiild occupy a very large fpace, and lead to difcuffions too extenfive for this work. The detached notices intended to -be given, and which are feleCted from various au thors, will befound to contain'a general outline of the particulars moft eflential to be understood, and fome account of various circumftances incident to Britifh-commerce. In the firft place, fome general notions will be ftated, and in fubfequent divifions, the particulars of greateft moment, as refpeCtively relating to fo reign and domeftie commerce. Trade or commerce arifes out of the neceffity or inclination Which impels men to defire thofe articles of property which they imagine will conduce to their comfort or happinefs, and K 4 which 136 TRADE, which are in the poffeffion of others^. To, obtain thefe by force or rapine would be not only a vicious, but a precarious re- courfe, and therefore, in all ages, it has been ufual for thofe who poffeffed a fuperfluity of one commodity, to give it in ex change for the fuperfluity which others poffeffed of fome other commodity. This traffic moft probably began in the moft grofs and Simple oS neceffaries, corn and cattle ; but as induftry pro duced greater accumulations of difpofeable effects, and the facility of procuring various objeCls led to increafed defires, the objects of commerce advanced, arid manufactured goods, -as instruments of war, articles of cloathing, and pieces of h6*ufe- hold furniture, were procured from' the hands of the induftrious by means oS barter. In proceSs oS time, thoSe who could manufacture thefe articles with correCtnefs and dexterity, were encouraged to Separate themfelves from every other purfuit, and to devote their whole attention to the production of thofe things for which there was an ample demand, and found that by their labour they could procure from the hands of others a Sufficiency of all the neceffaries of life. Perpetual barter be coming intricate and tedious, money was invented as an arbitra ry fign, to reprefent, by an underftood valuation, the various neceffaries and luxuries, which are the objects of commerce. It was even fo commodious a poffeffion, and fo highly valued in very early ages of the world, that it became the caufe of tranf- icrringfrom one po.Teffor to another, many things which in a more fimple date of fociety would have been deemed inalien able ; not only corn and cattle, but land and dwellings 'were fold ; not only manufactures and labour were the objeCts of pay and purehafe, but for money, the artizan himfelf, his wife and children, and even whole diftriCts with their inhabitants were procured. Commerce foon aflumed a greater extent and more complicated form ; the produce and manufactures of orie country were trarifported into others, and man, learning luxury from indulgence, ceafed to be happy, unlefs he could obtain Some portion of whatever he confidered to be defireable in the productions of every other part -of the globe, befidethoSe things which grew dr were manufactured in that where he inhabited. Trade becoming then the occupation of whole communities, large portions of property, generally called capital, were fet apart for the profecution of it ; laws weie framed, fome ac cording to recent nceffity, and fome founded on ancient ufage, for protecting and regulating it ; and a fyflem of mutual con fidence, mutual honour, punctuality and regularity prevailed throughout all civilized nations. In Great Britain, commerce, has been carried to a greater extent, cultivated with more circumtlances of honourable preference, and made productive of a greater TRADE.- 137 a'greatet (hare of public glory arid general utility than in any other nation recorded in hiftory. The merchants exceed in wealth, and vie in ftate and patronage with the nobles of other countries ; chartered companies wield in their hands the pro sperity and peace of whole nations, and even at home, private undertakers of commercial projects change the face of nature, level mountains, perforate rocks, turn the courfe of rivers, convert dry plain? into magnificent lakes, and introduce into the receffes of folitude, the din and buftle of traffic and manu facture. Merchants. The protection of trade was very early a favourite object' of the laws of this country. In the time of Athelftan we find a very remarkable law, which fays, that any merchant who has made three voyages upon his own account beyond the Britifh channel, or narrow feas, fl>all be intitled to the privilege' of a Thane. It feems agreed too, from the funda mental principles of our government, that the king cannot regularly prohibit trade, nor lay a penny impofition on it ; but that every man may ufe the fea, and trade with other nations, as freely as he may ufe the air. But notwithftanding this freedom of trade, it is agreed, that' the king may in time of war, and for the public fervice and fafety, lay an embargo on fliip3, and employ the fhips of his fubjedts in the public Service ; but this, Says Lord Chief Juftice Holt, ought to be upon great ' emergencies, and for the public benefit, and not for the private intereft of any perfon or fociety. And as the freedom of trade and merchandize is fupported by the common law, fo like- wife are there certain cuftoms and privileges annexed thereto by the common law, of which the judges will take notice ex officio. Thefe cuftoms were firft eftablifhed to fupply the want of laws, and afterwards admitted as laws. But the privileges of a merchant are not extended to every one who buys and fells ; nor is he from thence to be denominated a merchant, which appellation peculiarly belongs to him who traffics in the way of commerce by importation or exportation ; or othen- wife in the way of eruption, vendition, barter, permutation, or exchange ; and who makes it his living to buy and fell, and that by a continued affiduity, or frequent negotiation in the myftery of merchandizing ; but thofe, who buy goods to reduce them by their own art or induftry into other forms than formerly they were of, are properly called artificers, not merchants. ^.lien Merchants. Although by the policy of our con stitution, aliens lie under feveral disabilities, and! are denied in many inftances the beriefits of our laws.; yet are. they here, as in moft other countries, allowed to trade and merchandize, which privilege is confirmed to them by magna charta, and divers 138 TRADE. divers acts of parliament. And as foreigners and aliens are allowed to trade amongft us, fo are they allowed to' main tain perfonal actions ; becaufe otherwife they would be inca pacitated to merchandize : but they cannot maintain any real aCtion, becaufe it is not neceffary that they fhould purchaSe lands, or Settle amongft us. As to merchant ftrangers, whoSe prince is at war with the crown of England, if they are found within the realm at the beginning of the war, they may be attached with a privilege and limitation without harm of body or goodsv. until it be known to the king, how merchants of England are ufed and entreated in their country, and accordingly they muft be ufed in England, the fame being jus belli ; but for merchant ftrangers that come into the realm after war begun, they may be dealt with as open enemies. And no action can be main tained by or in favour of an alien enemy. Factors. As no one perfon whofe trade is extenfive can tranfact all his own affairs ; So it is neceffary for him to depute another in his place, on whofe ability and honefty he can rely ; and fuch perfon fo deputed is called a factor, who is in nature of a Servant, whofe att binds his mafter or principal, fo far as he acts purfuant to the authority given him. If the commiffion be general, as to difpofe, do, and deal therein as if it were your own, the factor is excufed if a lofs happens; but if the commiffion' be to fell and difpofe, hereby the factor is not enabled to fell upon tick, nor can he fell for an unreafonable time as ten or twenty years, though there be words as if it were your own, but he muft fell according to the ufual time, for which credit is given for the commodities he difpoSes of. Partners. Partners are joint-tenants in all the ftock and partnerfhip effects ; and they are fo not only of the particular ftock in being at the time of entering into the partnerfhip, but they continue joint-tenants throughout whatever changes may take place in the courfe of trade ; for if it were otherwife, it would be impoffible to carry on partnerfhip trade. Hence affignees under a commiffion of bankrupt againft one partner, can only be tenants in common of an undivided fhare, fubjeCt tp all the rights of the other partner. And if a creditor of one partner takes out execution againft the partnerfhip effects, he can only have the undivided fhare of his debtor ; and muft take it in the fame manner the debtor himfelf had it, and fubjeCt to the rights of the other partner. So that one partner can have no right againft the other, in his capacity of partner, but to what is due to him out of the joint ftock, after making all juft allowances, let the fluctuations oS trade be what they may- The whole of this doctrine feems to arife out of the very prin ciple upon which partnerfhip is founded, namely, probable profit, TRADE. 139 profit, and the rifk of lofs ; the advantages or disadvantages of which cannot, in common juftice, be confined to one fide only, but muft be reciprocal throughout. But in order to con ftitute a partnerfhip, and, make a perfon liable as a partner, there muft be an agreement between him and the oftenfible perfon to fhare in all rifts of profit or lofs, or he muft have permitted the other to have ufed his credit, and to hold him out as jointly liable with himfelf. A man entering into an agreement, and afterwards fubdividing his beneficial filtered under it, among others, is alone liable to the performance, and the fubcbntract ¦ does not conftitute a partnerfhip. If two or more engage in a joint undertaking in the way of trade, or enter into copartner- ( fhip, it is not neceffary to provide againft furvivorfhip ; for by a maxim of the common law, jus accrefcendi inter mercatores locum non habct ,¦ and this is for the benefit of trade and com merce, that the fruits of each perfon's labour and induftry fliould deScend to his children and family. By the cuftom of England, where there are two joint traders, and one accepts a bill, drawn on both for him and partner, it binds both, if it concerns the trade ; otherwife, if it concerns the acceptor only in a diftinct intereft and refpeCt. Although a moiety of a joint ftock may be taken in execution on a judgment againft orie partner ; yet, if copartners become bankrupts, the joint eftate is to difcharge the joint debts in the firft place, and the feparate eftate to pay the feparate debts ; and if there be no feparate eftate, then the refidue oS the joint eftate, after the joint creditors are fatisfied, to be applied among the feparate credi tors, and fo vice verfa ; Sor the commiffioners oS bankrupts are intrufted both with a legal and equitable jurisdiction, and may thereSore marfhal the different eftects, and apply them in dis charge of the different creditors according to equity and juftice. r Companies. The word company fignifies.perfons affociated Sor the purpoSe of carrying on a particular branch oS trade, or' for fome particular purpofe, and implies, in a general fenfe, that they do fo with a joiut ftock. The traders in a regulated' company do not properly form a company at all ; it is only a fubfcription, and the Subscribers at Lloyd's might as well and properly be termed a company, (for they aCt independently, though fubjeCt to certain regulations,) astheRuffia and Turkey- merchants are. The meaning of the word would be of little importance, were it not that the idea of a company carries with it the idea of monopoly, of restraint, of high prices, and -high profits, thereby exciting prejudice againft thofe who belong to fuch focieties or regulated companies. This has gone fo far, that it may lead fome time or other to the abolifhing 140 TRADE.. abolishing entirely the form of fuch companies ; it may therefore be well to obferve, that, when the trade to a country is fuch as to requi-e fome general expenfes and regu lations for its convenience, it is always well to have a regu lated company. Thus it is to Turkey and Ruffia, but it would, be. totally ufelefs to the United States oS America. New tranches oS trade require in many caSes a general concurrence and effort to make them proSper, and this is beft effected by a regulated company. When the trade is of great na tional importance, fuch as the Weft India trade, government finds itSelf under the neceffity of providing funds for general pur pofes, and the merchants find it neceffary for their intereft to meet in affemblies, and act in concert. The owners of fhip- ping have found it neceffary alfo to affemble, and to contribute funds for certain general purpofes, which is, in fact, (though without any authority from government,) acting as a regulated company ; and as this is done, of their own Sree will, by men who beft underftand their own interefts, there can be no doubt of the advantage and utility. The trading companies in Great Britain are very numerous, and wealthy, and fome of them will be noticed in the enfuing details reipecting external- and internal commerce. They are generally under the controul and fuperintendance of governors, directors, and other offi cers, and are either voluntary, founded on Some deed, or fanCtioned by aCt of parliament or by charter. Shopkeepers. This clafs of perfons, fo numerous, and fo effentially neceffary in all towns, are rnore Separate in their transactions than merchants, dealing to a Smaller amount, and generally by retail, not. Sorming commercial companies, but limiting their undertakings to Such objects as can be managed by a principal and his partners or affiftants. In former times, diftinctions -.vere made between merchants and Shopkeepers, which are not now in any manner preferved, except with refer ence to the magnitude of their dealings, their honour7, and their punctuality. Artificers. In this defcription is included the whole ma nufacturing clafs of the community ; a moft ufeful body, who by their induftry and ingenuity have contributed to the wealth of their country, and raifed its reputation-' to the higheft pitch in all parts of the world. Such are the principal divifions of perfons by whofe enter* prize and activity wealth is circulated," and induftry made pro ductive. On the feparate utility of each clafs, Dr. Adam Smith makes the following obfervations. A capital may be employed in four different ways : either, firft, in procuring the rude produce annually. required for the ufe a.id conSumption of the TRADE. 141 the fociety ; or, fecondly, in manufacturing arid preparing that Tude produce for immediate ufe and confumption ; or, thirdly, in transporting either the rude or manufactured produce from the places where they abound to thofe where they are wanted j or, laftly, in dividing particular portions of either into fuolt fmall parcels as fuit the occafional demands of thofe who want them. In the firft way are employed the capitals of all thole who undertake the improvement or cultivation of lands, mines, or fifheries ; in the fecond, thofe of all mafter manufacturers ; in the third, thofe of all wholefale merchants ; and in the fourdi, thofe of all retailers. It is difficult to conceive that a capital fhould be employed in any way which may not be claffed under fome one or other of thofe four. Each of thofe four methods C>f employing a capital is effenti- ally neceffary either to the exiftence or -extenfion of the other three, or to the general conveniency of the fociety. Unlefs a. capital was employed in furnifhing rude produce to a certain degree of abundance, neither manufactures nor trade of any kind could exift. Unlefs a capital was employed in manu facturing that part of the rude produce Which requires a gooJi deal of preparation before it can be fit for ufe and confumption, it would either never be produced, becaufe there could be no demand for it ; or if it was produced fpontaneoufly, it would be of no value in exchange, and could add nothing to ihe wealth of the fociety. Unlefs a capital was employed in trant porting, either the rude or manufactured produce, from the places where it abounds to thofe where it is wanted, no more of either could be produced than was neceffary for the con fumption of the neighbourhood. The capital of the merchant exchanges the furplus produce of one place for that of another, and thus encourages the induftry and increafes the enjoyments of both. Unlefs a capital was employed in breaking and divid ing certain portions either of the rude or manufactured pro duce, into fuch fmall parcels as fuit the -occafional demands of thoSe who want them, every man would be obliged to pur- chaSe a greater quantity of the goods he wanted, than his im mediate occafions required. If there was no fuch trade as a, butcher, for example, every man would be obliged to purehafe a whole ox or a whole fheep at a time. This would be gene rally inconvenient to the rich, and much more fo to the poor. If a poor workman was obliged to purehafe a month's or fix months' provifions at a time, a great part of the ftock which he employs as a capital in the instruments of his trade or in ' the furniture of his fhop, and which yields him a revenue, he would be forced to place in that part of his ftock which is referved for immediate confumption, and which yields hirat no revenue. Nothing can be -more convenient for fuch. a ' perSon 24* TRADE. perfon than to be able to purehafe his- fubfiftence from day to day, or even from hour to hour, as he wants it. He is thereby enabled to employ ; almoft his whole ftock as a capital. He is thus enabled to furnifh work to a greater value, and the profit which he makes by it in this way, much more than compensates the additional price which the profit oS the retailer impoSes upon the goods. The prejudices of fome political writers againft fhopkeepers, and tradefmen, are altogether without foundation. So far is it from being neceffary, either to tax them, or to reftriCt their numbers, that they can never be multiplied So as to hurt the public, though they may So as to hurt one another. The- quantity of grocery goods, Sor example, which can be Sbld in a particular town, is limited by the demand oS that town and- its neighbourhood. The capital, thereSore, which can be em ployed in the grocery trade cannot exceed what is Sufficient to purchaSe that quantity. IS this capital is divided between two- different grocers, their competition will tend to make both of them fell cheaper, than if it were in the hands of one only ;, and if it were divided among twenty, their competition would be juft fo much the greater, and the chance of their combining together, in order to raife the price, juft fo much the leSs. Their competition might perhaps ruin Some oS themSelves ; but to take care of this is the bufinefs of the parties concerned, and it may be fafely trufted to their difcretion. It can never hurt either the confumer, or the producer ; on the contrary, it mud tend to make the retailers both fell cheaper and- buy dearer, than iS the whole trade was monopolized by one or two perSons. Some of them, perhaps, may fometimes decoy a weak cuf- to'mer to buy what he has no occafion for. This evil, however,. is of too little importance to deferve the public attention, nor would it neceffarily be prevented by restricting their numbers- It is not the multitude of ale-houfes, to give the moft fufpicious example, that occafions a general difpofition to drunkennefs among the common people ; but that diSpofition arifing from' other caufes neceffarily gives employment to a multitude of ale- houfes. The perfons whofe capitals are employed in any of thofe four ways are themfelves productive labourers. Their labour, when properly directed, fixes and realizes itfelf in the Subject or vendible commodity upon which it is beftowed, and generally adds to its price the value at leaft of their own main tenance and' confumption. The profits of the farmer, of the manufacturer, of the merchant, and retailer, are all drawn from the price of the goods which the two firft produce, and the two laft buy and Sell. All whokSale trade, the fame profound author adds, all buying in order to fell again by whokSale, may be reduced to three dif ferent TRADE. 143 ferent forts : The Home Trade, the Foreign Trade of Confuftvp- tion,'and the Carrying Trade. The home trade is employed in purchafing in one part Of the fame country, and felling in an ther the produce of the induftry of that country. -It compre hends both the inland and the coafting trade. The foreign trade of confumption is employed in purchafing foreign goods for home confumption. The carrying trade is employed in tTanfadting the commerce of foreigil countries, or in carrying the furplus produce of one to another. '¦ • Under the two general heads here defcribed, Foreign and Home Trade, the details to be afforded on the Subject of com merce will be claffed, and a few circumftancesj fuperadded, ap plying to each. FOREIGN TRADE. The objects for which Great Britain trades to the various countries of the globe, what produce of her foil and of her in duftry fhe tranfmits, and what articles fhe receives- iri return, will appear by the following table, extracted from Macpherfon's Annals of Commerce, where it is intitled, " Specification of the chief articles of merchandife which compofe the trade with different countries, extracted from the books in the cuftom houfe ; "thofe which are firft introduced into Great Britain from foreign countries and afterward ex ported being printed in Italics." Denmark Imports — Oak- bark; cordage; corn (an unufu&l article); indigo 10,000 lbs. ; cotton 34,666 lbs. ; hides of horfes and oxen ; bar iron ; kelp ; rock mofs ; fome faded beef, pork and butter ; furs and peltry ; tar, timber and boards of great variety of kirids. Exports — Alum ; wrought brr.fs, copper arid iron; lead; tin \ tinned plates ; coals ; grindftones ; painters' colours ; earthen ware ; glafs ; felt ; cotton goods ; woolen goods of all kinds ; hats; Scottifh linens above bounty, 1,25s yards; tanned leather ; refined fugar, melaffes ; train oil. Drugs, indigo, logwood, and other dye fluffs ; eofifee ; cinnamon, and other f pices ; fugar ; tobacco; cotton. Russia Imports — Pearl-afhes, pot-afhes, and weed-afhes; briftles ; cordage ; Some corn ; ifinglafs, rhubarb, and Some other drugs ; flax and hemp ; bar* iron ; eaft iron ; wrought iron, 24 tons ; linens, diaper, drilling and fheeting ; pitch and tar ; bacon ; beef ; tongues ; bread ; rags only 28 tons ; lintfeed ; fome Skins of hares, feals and calves ; bees wax, tallow 410,260 tons ; timber, boards, Slaves. Exports 144 TRADE. Exports-^-Af urn ; coals ,; Slates ; fait ; fal ammoniac ; fpelter \ lead ; tin ; earthen-ware ; glafs ; wrought iron ; wrought Silver ,; woollen, cotton and filk goods pf all kinds ; Stationary ; painters' colours ; cotton yarn ; watches ; refined Sugar ; mu sical instruments ; wearing apparel ; horSes ; herrings. Drugs'; cochineal, indigo, fufiic, logwood and other dye fluffs ; fepper and, other fpices; coffee ,- fugar ; a few Irifh linens ; India calicoes, miflins, C3V. t raw filk ; beaver and other Jkins ; fome prize French wine. Sweden Imports — Some corn and bread ; flax ; herrings 313 barrels ; bar and cad iron ; drawn and wrought iron i§ ton ; rock moSs ; pitch and tar ; timber, board, daves, &c. Exports — Coals; lead; tin; painters' colours; cotton and woollen goods ; refined Sugar. Drugs ; cochineal, indigo, and other dye fluffs ; fome coffee, fome pepper and other f pices ; fugar •¦• rum and other fpirits;- tobacco; fome cotton ; fame Eaft India calicoes, C2V. Poland .Jmports — Pearl-aShes, weed-afhes; Spruce beer 1,093 barrels ; wheat, rye, barley, peas ; fome linen; boards, Staves, &c. Exports — Iron ; wrought 'brafs ; cotton goods ; refined fu gar. Drugs; indigo and other dye fluffs ; pepper and other fpices ; 'coffee; rum; a little fugar. Prussia iw^o-Ar-^-Pearl-afhes, weed-afhes ; fpruce beer 1,054 barrels ; wheat, barley, oats, peas, beans, rye ; flax ; hemp ; madder ; bridles ; mill-dones ; wool ; hides ; goofe- quills ; lintfeed ; fome fkins ; cheefe ; timber, board, Staves, &c. Exports — Alum ; wearing apparel ; beer ; wrought brafs" and iron ; coals ; copperas ; grindftones ; lead ; tin ; tinned plates; painters' colours ; woollen and cotton goods ; earthen ware ; glafs ; fait ; fome refined fugar ; melaffes ; train oil ; fome cotton yarn. Drugs ; indigo ; fufiic, logwood and other dye fluff's ; pepper, pi mento, and other fpices ; coffee ; fugar ; rum; tobacco; oil; In dia goods ; French, wine. Germany Imports — Oak-bark ; books, maps, prints ; pic tures * ; brimftone; 3,195 wooden clocks; cork; wheat, barley, oats, peas, beans, rye, rye-meal, wheat,- flour ; arfe- nick, antimony, and other drugs ; gums; juniper berries ; oil of turpentine ; verdigris ; copperas ; fuccus liquoritias ; flax ; hemp ; goats, ox, horSe hair; human hair 2,378 lbs.; hides ; • Books, maps, pictures, &c. alfo come from the other countries of Europe, but in finaller quantities, hops ; TRADE. 145 hops; chip and draw hats ; linens,' cambrics, canvas, lawns, Holland, tabling, &c. ; rags, 3,002 tons ; fome paper; wafte paper to be JremanufaCtured ; butter and. cheefe ; beef ; pork; tongues; potatoei; goofe-quills ; Seeds; filk, raw, thrown, and wade; wool, Spanifh, &c. ; bees-wax; calf, bear, coney, goat, Sheep, • and fealfkins; brandy, geneva, and other Spirits; darch ; Rhenifh, Tokay, French, and Spanifh wines; cotton; linen. yarn, above 3,000,000 lbs.; timber, boards, &c. Exports^ — Alum ; wearing apparel ; bark ; beer ; books and Stationary; wrought braSs-; copper and- iron; filvei>plate and plated. ware ; lead ; pewter; tin ; tinned plates * '; Salt ; coals; earthen-ware; glafs ; painters' colours; -oo.ppcras ; oil of vi triol ; fal-ammoniac, and other drugs ; train oil ; whale-bone ; herrings, red and white.; cod ; oyfters.; refined fugar; .melaffes ; tanned leather ; wrought leather ; gloves ; haberdafhcry ; hats ; cotton goods to a large amount ; woollen goods ; filk goods ; cotton' yarn, value 36^,945 /.; watches ; mufical instruments ; cabinet ware ; coaches; horfes. Mother of pearl ; walking canes ; aloes, rhubarb, borax, camphire, eaffta lignea, cafiorcum, jalap, and other drugs-;, gum fenegal, and other gums ; cochineal, indigo, annotto, , brazil, fufiic, logwood, madder, and other d\¦ Irifli , linens. ' It is to be obferved that much of the commerce of Germany is for account of the nations involved in war. Holland Imports — Oak bark, books, maps, drawings, paintings, prints ; corn ; juniper berries ; flax, hemp ; mad der ; flower roots and trees, value 1,074 /. ; a few linens ; but ter ; cheefe; bacon; potatoes; feeds; geneva; rags, 61,000 tons. Exports — Copperas ; a few cotton , gbods ; fome woollen goods ; refined fugar ; train oil, an article formerly imported from Holland. Foreign merchandife ; nearly the fame as to Germany; but • lefs than half the quantities . . . Flanders "Imports — Tanned horfe, cow, and calf hides ; feeds; rags,- 3 71 tons. * Tinned plates, now an article of export to every country, ^ere imported from Germany about fifty years ago.. -' . Vol.. HI. L Exports J4<5 TRADE. Exports — Refined fugar ; fome copperas. Foreign goods as to Germany, but in very fmall quantities. Trance (Imports — Books, &c; milUflones ; verdigris ; cochi neal ; valonia -, fait, 234 weys to Scorfand ; feeds ; brandy ; Starch ; tallow ; rye-meal ; Some wheat, barley, &c. ; bread, 150 cwt. ; beeS, pork, and bacon ; butter ; tanned ox, cow, and calf hides. Exports — Refined fugar ; a fmall quantity of printed cotton and linen goods. Cafifia lignea, rhubarb, and other drugr ; indigo, logwood, and ether dye-fluffs ; cinnamon ; cloves, pepper, pimento, ginger, &c. 3 cacao ; coffie ,- fugar ; tobacco ; India piece goods. Portugal Imports — Brimftone ; cork ; wheat and flour, very unufual exports from Portugal; balfam capivi, ipecacuanha, gum arabic, gum Senegal, and other gums and drugs ; arinotto, orchil, argol, cochineal, bra2il-wood, indigo, madder, and other dye-fluffs; 33,518,701 lemons and oranges; almonds, figs, raifins, &c ; Indian and other hides of oxen, horfes, &e. ; 6,000 dozen goat fkins ; other fkins ; Portugal wine, 19,328 tuns ; Madeira, French, and Spanifh wines ; Spanifh wool, 1,663,582 lbs. ; cotton. Exports — Alum ; wearing apparel ;' beer ; fome books and Stationary; wrought braSs, copper, and iron; 1,021 cannon; bar iron, eaft iron, nails ; cabinet ware; coals; lead; pewter; tin ; tinned plates ; copperas ; painters' colours ; train oil ; oil of vitriol ; hard foap ; earthen-ware ; glaSs ; refined Sugar ; watches ; woollen, cotton, and filk manufactures ; a few linens ; 1 haberdafhery ; hats. Barilla; brimftone ; wheat, 1,584 quarters ; drugs; logwood, fufiic, a little indigo, and other > dye-fluffs ,¦ cinnamon and cloves ; fome undreffed flax ; cotton ; cacao ; fome- fugar ; bar iron ; drawn and wrought iron ; tar ; Irifh linens, value only 4,4 13/./ a few. (jerman linens. Madeira Imports — Wine, 494 tuns. (Much more is im ported by circuitous routes.) Experts — Woollen, filk, cotton, and linen manufactures; hats ; wrought and eaft iron ; and fmall quantities of moft kinds of goods. Undreffed flax ; fome Irifh and a few German linens ; India piece goods ; brandy. '¦-¦ Spain Imports — Barilla ; cork ; beans ; fome wheat ; black lead ; fuccus liquoritije ; mahogany ; fhumaek ; grapes; raifins; 10,517,750 lemons and oranges; figs; currants; chefnuts, hazel nuts, walnuts, almonds ; anife feed ; 1 oil ; brandy ; Spanifh wine 3,540 tuns ; Spanifh wool, 5,995,624 lbs. Exports — No Britifh merchandize. Cinnamon; TRADE. 147 Cinnamon } cacao ; and nothing elfe. Canaries Import— --Barilla ; copper ; fomc* drugs and gums; orchil; Canary wirte, 47 tuns; Spanifh wine, 553 tuns. > Export — Nothing. Straits Import— Currants ; fome drugs ; fome dye-fluffs. Export — Nothing. Gibraltar Imports — Barilla; brimftone; quick Silver ; cochineal, indigo, and other dye-fluffs ; almonds, raifins, and other fruits ; oil ; Portugal, Spanifh, Italian, Cyprus, and Madeira wines ; Spanifh wool, 33,748 lbs. ; cotton. Exports — Beer ; wrought brafs and iron ; tinned plates ; woollen goods ; a Sew linens ; cotton goods to a confiderable amount ; hats ; wrought leather ; Stationary and Some books ; pilchards and a few other fifh ; refined fugar ; coals ; cabinet- ware ; and all kinds of neceffaries, the place itfelf producing nothing. Cinnamon, cloves, pepper, and other fpices ; coffee ,¦ fugar ; tea. ; butter ; rum ; geneva ; tobacco ; fome German, Irifh, and Rtffid linens ; India piece goods. Italy, including Venice, Imports — Books, drawings, &c. ; barilla ; brimftone ; cork ; cream of tartar, effence of lemons, manna, Senna, Succus liquoriti'• fome cinnamon, cloves, pimento, and other fpices ; cpffee ; fugar ;-. India piece goods. '¦ Malta Imports — Nothing. Exports — A fmall quantity of beer in bottles, hitherto the only article of export. Ireland Imports — Pearl-afhes ; wood aflies ; books, i valued at 777/. ; cows, oxen, horfes, mules, fheep, Swine; ox, cow, and horfe hides y calf and goat fkins ; copper ore.; cor-k»; feathers ; fome flax; glue ; beef.; pork; bacon; lard ; .tall'riw; butter; a few potatoes; darch ; tobacco; linen, 3 %, 1-5-2,399 yards ; fome cambrics and diapers ; linen yarn ; woollen yarn ; linfeed ; rape Seed ; tobacco ; Some cotton ; Some wines, chiefly of Portugal. Exports — Alum; apothecaries' ware; wearing apparel ; bark; beer; books and 'Stationary ; wrought brafs and wire ; wrought copper ; cabinet wares ; horfes ; coals, value about 36o,opo /., moftly from Scotland ; red and white lead, and other painters' colours, oil, varnifh, &c ; copperas ; cordage ; woollen, cotton, and fijk manufactures of all kinds ; hats, moftly felt ; haber- dafhery; lace; a few Pafley goods -r cotton yarn; tan leather '; wrought leather ; eaft and bar iron ; Steel ; ironmongery, and- hardware ; hoops for barrels ; cyder ; dry cod ; herrings, about 106,000 barrels, moftly from Scotland ; earthenware; bottles and window glafs; hops •. lead -T tin; tinned plates; filver and plated ware; Sail-cloth; refined Sugar; melafles ; rock mofs ; fait ; cheefe ; garden and grafs Seeds ; train oil-; oil oS vitriol ; done and (late Sor building ; tobacco pipes ; cotton yarn, value 80,458 /. ; other kinds of goods in quantities not of 1,000 /. value, Pearl-nfijes ; pot-afioes ; weed-afhes ; barilla-; brimftone ; fome wheat and flour ; drugs and gums of all kinds ; indigo, madder, redwood, faffiower, and other dye-fluffs ; mahogany and other woods ,- fax undreffed ; tow; hemp.; pepper and fome other fpiceries ; cur-. rants ; fugar ; tea ,- bar iron ; faltpetre ; filk, raw and. thrown ,- //¦ms of titer and other animals ; rum j brandy geneva fome 7, wines ;. \ . TRADE. 149 wines ; tobacco, and almofi every other article, though in quantities under 1,000 /. Isle of Man Imports — Herrings, red 5,641 barrels, white. -15,417 barrels; fome plain Irifh linen, and" Some linen yarn. Exports — Coals ; flour ; Some cotton goods ; woollen goods ; Salt; wrought iron ; other articles in Small quantities. Flax undreffed ; fugar ; tea ; other groceries ; rum, &c. Guernsey, Jersey, Alderney, &c. Import — GuernSey is a kind of Store-houSe Sor merchandize imported from foreign countries and lodged there, in order to fave the advance oS the duties, till they are wanted;, and hence the imports confift oS all kinds oS Soreign goods, but chiefly Portugal, French, and Spanifh wines, brandy, &c. alSo Some dye-(luffs»and drugs ; paving (tones, cyder; worded dockings from Jcrfey, 5,935 dozen pairs. Exports — Cows and oxen, 196 to Alderney ; flour and fome corn ; wearing apparel ; tallow candles-; coals ; cordage ; painters' colours ; cotton goo/is ; filk goods ; Some woollen goods; haberdafhery ; fome herrings and other fifli ; earthen ware; bottles, and other glafs; wrought iron, hoops, and hardware ; filver ' ware ; tanned and wrought leather ; rock Salt ; beeS, pork, and other provifions ; foap ; refined fugar ; dationary and Some books ; Sail cloth ; wool, 2,007 tods tp JerSey. . Logwood, and fome other dye-fluffs ; drugs ; fugar ; tea ; India piece goods ; German, Irifh, and Ruflfia linens ; corn, flour, and meal • rum ; geneva. ,\ Greenland Imports— Train oil ; Spermaceti oil ; whale bone, feal-fkins. Exports — -Rum for fliip dares. New England Imports — Pearl-afhes ; pot-afhes ; flour ; fome Indjan corn and rye meal ; Saffafras ; Shu mack ; Sperma ceti oil ; whale-bone ; turpentine ; Some tar and rofin ; timber, chiefly oak, -fir and (laves; Indian hides, deer (kins, and other Indian pel-try^-alSo cochineal, indigo, fuftic, logwood, red wood, lignum vitas, mahogany, fugar, coffee, cotton, rice, tobacco, obtained in trade with the AVeft Indies, .and Southern States, and imported moftly in New Engiandveffcls. Exports — Books and dationary; wrought .brafs, copper and iron; pewter; lead; tin; tinned plates ; coals; fait; earthen ware; glafs ; woollen, cotton, and filk manufactures; beaver, fete, and chip hats ; thread; haberdafhery; linens.. A few drugs ; fome dye-fluffs ; cinnamon, and. fome other fpices ; Irijh linens ; India piece goods. New York Imports-^ — Pearl-afhes ; .pot-afhes; wheat; flour; Some Indian corn and meal ; ginfeng ; fnajte-root ;. farfaparilla ; I, 3 Saffafras;1 159 TRADE. Saffafras ; tar; turpentine; oil of turpentine ; rofin; ftaves and fome timber. Alfo the pijoduce of the Weft Indies and South ern States, as New England. ' Exports — Apothecaries' ware ; wearing apparel ; books and ftati6nary ; wrought brafs, copper, iron, and Silver ; pewter ; lead; Steel; tinned plates'; copperas; painters' colours ; coals; Salt ; ¦ earthen-ware ; bottles and window glafs ; hardware ; guns; gunpowder; flints; woollen goods in confiderable quantities ; cotton goods ; Some Scottifh linens ; filk goods ; beaver, and felt-hats ; haberdafhery ; watches ; mufical in- ftruments. Drugs and dye fluffs in fmall quantities ; Irifh linens ; a few Ruffia linens ; India piece goods ; geneva. Pensylvania Imports — Bark of oak and quercitron ; books ; fome wheat, flour, corn, &c. ; ginfeng ; fnake-root ; farfapa- rilla ; faffaSras ; horfe hides ; tanned ox hides ; turpentine ; fome tar, pitch, and rofin; fkins of bears and deer, and other Indian peltry. Alfo the produce of the Weft Indies and South ern States, as New England. Exports — Apothecaries' ware ; books and Stationary ; wrought braSs, copper, iron ; Steel ; pewter ; tinned plates ; painters" colours ; Salt ; earthen-ware ; glaSs ; hardware ; guns ; a little gun-powder; woollen goods in confiderable quantities ; cotton and filk goods ; Some linen and Sail cloth ; beaver and felt-hats ; thread ; haberdafhery ; watches. Some drugs ancl dye-fluffs ; fome fpicery and grocery ; Irifh linens ; a few Ruffia linens ; India piece goods. Virginia and Maryland Import — Flour ; fome wheat, Indian corn, and meal, and rye ; Some pot-afhes, and a Small quantity of pearl-afhes, from Virginia ; ginfeng, and fome other native drugs, in fmaller quantities than from the Northern States ; tobacco ; tar ; pitch ; turpentine ; rofin ; ftaves ; and fome other lumber ; deer fkins, and other Indian peltry. Alfo Weft India produce, as New England, &c. Export — Apothecaries' ware ; wearing apparel ; beer ; Sta tionary and fome books ; wrought brafs, copper, iron, and filver ; fteel ; pewter ; lead ; tinned plates ; painters' colours ; fait ; earthen-ware ; fome glafs ; grind-ftones ; hardware ; guns ; a little gun-powder ; woollen goods in confiderable quantities ; cotton goods ; a few linens ; filk goods ; beaver and felt hats. Some drugs and dye-fluffs ; Irifh linens ; fome Ruffia, and German linens ; a few India piece goods. North Carolina Imports — A fmall quantity of flour and corn ; tar ; rofin ; turpentine ; fome oil of turpentine ; tobacco j ftaves; fome deer, and other Skins. Alfo fome Weft India produce, 3 Exports. TRADE. 151 Exports— -Pretty near the fame articles as to Virginia and Maryland, but all in Smaller quantities, this ftate being lefs populous ; and great part of its imports and exports being in the ports of Virginia and South Carolina. A few Irifh linens. South Carolina Imports — Some flour, Indian corn, and rye and meal ; rice ; indigo (probably Weft Indian) ; fome "pitch, tar, rofin, turpentine, and turpentine oil, moftly the produce of North Carolina ; daves ; Some cedar timber ; deer and other fkins ; Some cotton, the produce oS Georgia. AlSo fome Weft India produce. Exports-*— Apothecaries' ware ; beer ; books and Stationary ; wrought braSs, copper, iron, and Silver ; lead ; pewter ; paint ers' colours ; Salt ; earthen-ware ; glaSs ; hardware ; wrought leather ; woollen, cotton, and filk manufactures ; fome linens^ chiefly bounty ; beaver and felt hats ; haberdafhery ; mufical inftruments. Some drugs and dye-fluffs ; cinnamon ; Iriflj linen ; fome Ger man and a few Ruffia linens ; India piece goods ,- fome Fr ench ivines; fome other wines. Georgia Imports — Rice ; tobacco ; a little indigo ; fome ftaves ; cedar, and hickory timber 5 deer fkins and other Skirls. Alfo fome Weft Indian produce. Exports — Wrought iron ; pewter ; fome earthen-ware and glafs ; hard-ware ; woollen, cotton, and filk manuSaCtures ; Some bounty linens ; heaver, and felt hats ; haberdafhery ; cordage. Irifh linens ; a few German and Ruffia linens ,- a few articles of grocery. Hudson's Bay Imports — Beaver, mink, otter, wolf, deer, bear, and fox fkins; bed feathers, 90 cwt. ; cailoreum. Exports — A few coarfe woollens for the Indians ; guns ; gun powder; fome wrought iron ; provifions for the company's people in the factories or forts. Tobacco; and fmall quantities of rum, fugar, and groceries. Newfoundland Imports — Cod-fifh, 24 tons ; train oil -} fome fkins, chiefly of feal s. Alfo fome Weft India produce. The fifh is moftly carried direct to theRoman-datholic countries of Europe. Exports — Salt ; wrought iron and hoops ; wrought leather ; cordage ; fail-cloth ; a few linens ; fome woollen goods ; a few cotton goods ; fome haberdafhery; wearing apparel j Soap ; wrought leather ; bread, and other provifions. Tea ; groceries in Small quantities ; white Salt ; beef ; pork ; butter ; tobacco ; wines, Portugal, French, &c; geneva; can- vafs ; German linens ; a few Irifh and Ruffia linens. Canada Imports — Pearl afhes ; pot afhes ; wheat ; flour ; caftoreum ; eflence oS Spruce ; train oil ; beaver, cat, deer, fox, martin, mink, mufqualh, otter, racoon, wolf, and wolvereen L 4 Skins ; 352 TRADE fkins; mads," boards, ftaves, and Some other lumber. AlSo Some cotton, dying woods, &c. got by circuitous trade. Exports — Salt ; wrought braSs :' copper ; Steel ; guns ; gun powder ; flints ; books ; coals ; earthen-war,e ; glaSs ; wrought leather ; woollen goods, moftly coarfe, for Indian trade ; cotton and filk goods ; a Sew linens, moftly bounty ; beaver and Selt hats ; haberdafhery ; fo:nj> ; train oil ; refined Sugar ; tobacco pipes., - A few drugs and dye fluffs; fome fpices and groceries ; a little. bar iron ; Ruffia linens ; fome Irifu, and a feiu other linens. New Brunswick Imports — Mafts ; ftaves ; Some other lumber- in Small quantities ; : Some Skins. Exports — Wrought iron ; cordjge ; Some woollen and- cotton goods ; i a , Sew filk goods ; a few linens ; hats ; haberdafhery. . Bar iron; tea ; '.a few fpiccries and groceries ; Iriftj linens ; a feiu Ruffia and other linens ; u feiu India piece goods ; wine and rum in fmall quantities. Nova Scotia Imports — Some lumber ; fome pearl, afhes ; tar and turpentine in fmall quantities r fome fkins. Alfo fome Weft India goods, chiefly obtained by captures. Export's- — Iron and ironmongery' ; hardware ; earthenware ; glafs; fait; beer; tallow candles; foap ; cordage; fome woollen, cotton, and filk goods ; Some linens ; hats, moftly Selt ; wrought leather. A Sew drugs, groceries, and fpiceries ; tea ; beef ; pork ; butter; Irifh linens; a. few Ruffia and other linens; India piece goods, in fmall quantities ; brandy ; rum ; geneva ; Portugal andjSpanifh wine-. . Bermuda Imports — A fmall quantity of cotton. All the other imports from this ifland confift of prize goods, and a few trifling articles obtained in the way of trade. Exports — Wrought iron and copper; fome cotton and woollen goods ; a few linens. Some groceries ; Irifh, Ruffia, and Gcrmait linens, all fmall quantities. . Bahama Islands Import — Cotton, 707,454^. ; brazilettoi: box-wood'; .lignum vita; ; cedar; mahogany; — alfo .fome of the fame woods, logwood, nicaragua, hicks, tobacco, t Cortex Peruvianus, ginfeng, and other drugs ; a few groceries ; thochineal ; a little coral ; Irifh linens ; German linens ; tutenague; tar ; rum ; brandy ; geneva ; French, Portugal, Rhenifh, and Spanifh wines ; fandal wood, and fome other woods. New Holland Imports — A little wood ; fome birds. Exports — Wrought iron ; woollen, filk, cotton and linen goods ; hardware. Some groceries ;fpirits, and wine, all in fmall quantities ; Rifffia linens. Africa Imports — Gum arabic, fandrake and fenegal ; cam wood ; ebony ; redwood ; ivory ; a few oftrich feathers ; fome fkins. Exports — Apothecaries' ware ; wrought brafs ; copper, iron ; 80,806 guns,; cutlaffes ; gun-powder; fpirituous liquors; earthen-ware ; glafs ; provifions ; beer ; woollen, cotton and linen goods ; wearing apparel. Bar iron ; bugles ; cowries ; fugar ; tea ; groceries ; rice ; rum ; brandy ; geneva ; Irifh and German linens ; India piece goods to a large amount. Sierra Leone Imports — Nothing. Exports — Cotton and linen goods ; a few woollen goods ; leather ; hardware. Some India piece goods ; a few Irifh and \other linens ; groceries; tobacco, CSV. ; all in fmall quantities. Cape of Good Hope Impairs— Some wine, cotton arid fkins. Exports — Articles proper for the climate, of almoft every kind. Drugs; grocery; linens; Some provifions; rum; brandy ; geneva ; tobacco ; Some wine ; all in trifling quantities. Southern Fishery Imports — Nothing. Exports — Brandy, geneva, and wine in fmall quantities, being only for fhip flores. The Sollowing Tables will exhibit the number of veffels and men employed in all parts of the United Kingdom in one year in carrying on its commerce. An An Account of the Number of Veffek, with the Amount of their Tonnage, and tke Numberof Men and Boys employed in navi gating the fame (including their repeated Voyages) which entered inwards and cleared outwards, in the feveral Ports of England, from, or.to, all Parts of the World, in the aggregate for the Year ending 5th January 1805 ; diftinguifhing Britifh from Foreign Veffels, and the Countries from which the faid Veffels arrived, or to which they were bound. M England. Inwards. Outwards. Britifh. Foreign. Britifh. Foreign. Ships. Tens. Men. Ships. Tons. Men. Ships. Tons. Men. Ships. Tons. Men. » f Britifh Colonies 20S 36674 1998 ¦ — — — 29; 50662 3128 (_ United states 3» 957s 552 ,-329 SiS.V 39"5<5 34 8106 478 382 93927 4605 Africa 35 *7S$ 698 3 228 21 166 38822 5222 10 2017 129 Barbary .5 621 30 1 300 ' 17 2 19c 16 -__ — Botany Bav, or N;wO South Wales J 1 438 38 — 1 222 25 — — — Dantzic 16.5 3 24s4 1404 104 25679 985, 42 S436 394 41 12113 496 Denmark and Norway 377 461 S 1 3229 7.3° 1,37466 711-2 .579 92034 4957 809 I32927 6922 Eaft -Indies 46 4.3 S°3 4^99 1 281 23 63 58476 6419 — — Flanders — — — 1 7° 3 — — — 1 124 *5 Florida " 1 184 10 3 3 4898 241 1 ^ 9 n 2328 I27 France - . '. — — — 67 10301 501 — — — 9 I025 55" Germany - - .. ¦39 5.2 S5 286 i.?c 14023 .694 86 -16207 769 181 232-53 1093 Gibraltar and Streights 2 r 4267 207 1 60 3 46 6396 393 11 I968 104 Greenland and Davis's 1 Streights / 84 25606 3357 — — — 77, =3 79° ¦301 1 — — — > TRADE. *S7 CO \i~i r-~ I 1 ¦+ ¦^t- « Ov O -*¦ „ | VO T*~ 1 | 1 N . ^V M X^ M 1 I cl co_N. N VO vo 1 o\»o L 1 1 ¦+ ~ V-T. o H tcj Tt- M O , ¦4-t~~ '." M ¦h vo -,« H 00 Op cl & **¦ ~i- ¦*- 1 1 l^ I "-> o -*- ON ON ^ I -0 cl ee r-~ 1 t " 1 ON CI — uo cl c-> 1 -*¦ **• 1 I 1 ^ CO CO n I 1 I'o — , ~ °° v-O I Lri r-1 | 1 j - o» io .~*o .- M — * .— * ,«"-!, CO Tt- CO CO CO -1 f-< i-~. O -t-coxo 1 ON ci •*¦ ¦^ ^o *!n c,-i ^o 1 , vo ot> CI . .o vo -o o o co 1 UN -o. ON CNCO l^ i-i -^vO 1 -i 00 — < CO, - On 0 -* i-i ' -I^OD Cf> r,-> M tT) to *~^ CO c£ CO -r HI . -i cl *^ "^ ON M cn i i H Tf- ^-. VO N — I vo O -f- co so Lr»sO uo «f 1 vo r|' on 1. 1 ±hvotroo «- cl CO no I COCO Q\CO "- COO VO ¦- CNV© ro M" -+t^ VO - Lr~j M 0\N' N ¦*-o '--*¦ ON *o . o »- >o — i ri vo CT\ i-t »-t VO Tt- -^- to <*¦ M d ct| -1 f -i- - 1 1 _ CO Cl Cl VO On t OO oc- ¦f 00 CO o O -»¦ SO i-r—fl o 1 \O-O0 Tt" 1 1 N on ¦*- M -. T+- ¦"*• rt SO O c- 1 TJ0 CO - r^ **- CO M CM Th >-1 t-^oo CO pp ^o *-^ CI r-- 1 " co On 1 1 ci . 'o ~zr | CO if-i M 1 ¦+o CO lO — 1 voO 1 -t^ o 1 | «.n~ M I -SO ^ 1 n r-. CO Cl —1 Cl -*¦ o c= CO -CO N ON ON CO _ .. .. i-i lo T-i .-. r^ o . M eo Cl o o o 1 " NO CO 1 | OnO CO 1 .co-O j-^ 1 co ^t- UT.ON vo -+- o t-T 1 M- - vo | M LOVO ! O »^ m 1 cO O ON oil cl O J^ *-, co >-". ¦*¦ o o >— 1 OS I-I t^ CO w I-I w -. Vo V) CO VO cl CO ^ cv, tH I-I O 6 vo - -1 to ¦' CO c» -¦ VO ON i ,p -^- co M 1 VO " -*¦ 1 1 covo" -+¦ 1 **--l-* cr 1 ci ^n M OO « 1 to <*¦ 1 Cl I Cl co 1 0 ON l^ M « MM' On CO co to "o 1 c<"' d iovo el M lO | « to -H G\ c-so vj N ON co -On ' On 1 o vO CO CO ON •- °0 1 CO 00 o i-i\o v) x^-so <; <^ o to Cv O co cl CO c» n 30" 'M -t M vo ¦*¦ >0 "VO Cl rt —i — 1 i-v voO C-- cl co rS .. . <3_ — — , - ^ vo r-^ -r- I ON VO *0 1~» -+o -+- 1 Tt- CO Co co -^h ?o r-- o ^OCO ¦*oo -t" 1 CO to 0 on CO i-O CO 1 OO to o\ r^.'M ts j^.00 co cl + c» "¦-O ON i^oo to r~* on to CO 00 CO C-^ w O\Q0 —1 CO Co ONVO 1-^ M o Lo » TT- «*- CO w CO O colO , i 1 i ¦*¦ to "J ' . U _ o o < i i i v+- 1 , o *'• 1 rt ¦ '5T3- rt 1 Britifh Conque Foreigt OO oo M -1 c 13 ¦^ C3 &" « C 1 *j OJ P9 1 = -a 1 <£ « ~cfi o H Guernfey,J ney, &|C. Hamburg Holland Honduras ( Hudfon's B Ireland Ifle of Man Italy Malta Nootka Sor Portugal an Pruffia Rnfiia Southern Fi Spain and C Sweden Tfirkey 1) a An Account of the Number of Veffels with the Amount of their Tonnage, and the Number of Men and Boys employed in navi gating the fame (including their repeated Voyages, which entered inwards and cleared outwards in the feveral Ports of Scot land, from, or to, all Parts of the World, in the aggregate, for the Year ending January 5, 1804, and detailed for the Year end ing January 5, 1805 j diftinguifhing Britifh from Foreign Veffels, and the Countries from whence the faid Veffels arrived, or to which they were bound. <-r\ Scotland. Inwards. Outwards. ~^ Countries. Britifh. Foreign . Britifh. Foreign. Ships. Tons, Men. Sh ips Tons. Men. Ships. Tons. Men. Sh ips. Tbns. Men C Britifli Colonies America < ,r . , _ £ United States 62 34 11515 7665 697 4<53 34 8049 402 87 24 16838 5'632 1223 367 30 68^1 35.5 Dantzic 4 321 ai — — — 5 5^5 3° — — - — Denmark and Norway 83 8284 488 - 228 27476 1761 J34 16714 I233 162 20155 1^43 Florida — — 1 153 8 — — — I 153 8 Gibraltar and Streights 1 *35 8 — — . — 4 454 27 I 249 J3 Germany !3 1676 94 i 95 6 3° 37»9 201 3 416 22 Greenland and Davis'sT Streights - J 14 3885 5»' — — — '5 4244 586 — — — Guernfey, Jerfey, Alder- "1 ney, &c « J 7 102,5 49 — — — 6 690 40 — — — Honduras (Bay of) 2 4i5 28 — — ' ¦ 3 «55 52 — 1 __ _^^ Holland — — — 63 5<5i3 338 — 4 46, 29 Ireland i.576 95868 747° 2 263 15 1656 101114 77°4 — — ¦ — Malta 1 155 10 -r- — — 2 258 '9 _ — - Ifle of Man 14 712 49 — . — 3° I20j 9° — ~ __ _ Italy 3 408 25 T 249 11 Poland 5 566 27 ¦ — — r 7I 3 _ — „ Portugal and Madeira 24 3796 237 — — — 9 II4I 81 2 286 12 Pruffia - • 178 27200 1384 24 219c 114 102 14704 772 5° 4289 255 Ruffia '79 22036 -1230 5 1404 65 118 I4O28 811 — — Spain and Canaries 2 242 J3 3 5^5 29 6 963 51 2 247 »5 Sweden 49 3908 242 9 1296 78 30 3084 189 9 1228 66 f Britifh Weft India 1 « , Colonies jC°n 90 16528 821 e Hto> O W < o Ruffia Spain Streights and Gibraltar Sweden Total Foreign Europe England Guernfey Jerfey Man, Ifle Scotland Total Britifh Europe America Total of all parts 5 7i3 40 31. 4885 269 « — — 42 559* 3°9 — ¦— . — — — *- 4° ,5287 334 . 4° 528/ 334 3 3io 23 1 181 8 — — — 4 491 3] — — '¦ — 2 129 9 4i 4924 361 43 5°53 37o 55 745 7736 428 296 39217 2083 433 62087 4/55 -84 109040 6666 55949 3577 4483 467294 24421 5 3*7 32 $133 523560 28030 6 172 26 18 1 190 86 — — - — 24 1362 1 12 — — — 6 37° 28 — — — 6 37° 28 2 62 8 3° 1078 114 — — — 3Z 1 140 122 397 20127 1678 1363 92304 6302 — ' — — 1760 n 243 1 7980 1150 76310 5289 5900 562236 30951 5 3i7 32 7°55 638863 36372 v38 6495 399 46 9 j 65 5J9 96 r7374 995 . 180 33°34 i9'3 "43 90541 6116 6242 610618 33553 534 79778 5182 8019 -780937 44S5' w o\ Ireland. Outwards. General Total of all Veffels cleared Outwards/ Countries. Irifh. Britifh. Foreign. Ships. Tons. Mdn. Ships. Tons. Men. Ships. Tons, Men.' Ships Tons. Men. Canaries Denmark and Norway France Germany Italy - - Madeiras [Portugal Pruffia Ruffia SpainStreights and Gibraltar . Sweden Total Foreign Europe England GuernfeyJerfey Man, Ifle Scotland Total Britifh Europe America ^ Total of all parts i J9 i i n i - 4 l 6 45 46 2913 156 31 1422 2407i5 165 53° 4 140 4 3 88 10 35 9 42 1 53 9 4 5 1 85 8200 1 104 916 1024 62 8 397 65 4045 4 2 161 3 -2 1 8 129 24 1 69 35 502 27017 283 198*74 "55 '5373 4029 257 9256 383 585 28 1655 22 H 7 72 1132 23/ 12 629 3° 42 38S0 4 233 33 1 8 1 I4C) 29 IO 7° 9 6 " ^33 38130 283354 J74 "55 31 17899 5185 1996 9421 913647 40 2192 22 18 7 72 3 1285 2S7 92 638 72 46 6218 335 73 11391 559 ,408 592i2 526 76821 4774 $69 4 i aS 373 46053 196 H 613 19040 2972 20 3 J33 175* 3665 »3 9 40 1065 382225 1063 52/ 1299 74720 20451 62 40 i43 4934 39 2 4991 329 327 15 4273 1/ IO 68 1440 4332(59 *259 55* 1921 94089 237M 82 43 •276 6701 975 65926 4880 4792 459S34 25594 4' ' 5320 342 5808 531080 30816' 6o 10790 6i7 148 3'59i'2 •2184 75 13183 796 283 59925 3597 1080 82934 5832 50l3 507177 2833/ 53i 78971 \5°93 6624 669082 39262J c\ TRADE. ' 163 Navigation Acts. The origin of thofe wife and patriotic, ftatutes, known by the mane of Navigation A£ts, has been al ready mentioned in vol. ii. p. 236, and it is intended in this place to fulfil the promife made in that part of the work, of giving a more particular account of thefe regulations. It has al ready been obferved that the clamour of foreign nations, againft the navigation aft of England, as the invention of Cromwell, is utterly without foundation. " The navigation fyftem of Great Britain," fays Lord Sheffield, its able and patriotic 'defender, " has not been the work of an hour, or of a day ; but has its decided fan£tion from experience arid from time, and has been brought to maturity by the growth of centuries. We are told of the vi gour, of Cromwell, and the animofity of St. John *, and refent- ment againft the Dutch. But the navigation laws of England had a much earlier commencement •, and the principle on which they were founded is to be traced in the early maritime fyftems of Europe, and was adopted not only in our charters for found ing colonies in America, but long before thofe charters were in exiflence. The celebrated navigation code of Venice and Genoa, at the time thofe wealthy republics enjoyed comparative ly the commerce of the world, collected in the confolato del mare, was very early introduced, and feems almoft the original of the Englifh fyftem. It was evidently a very great extenfion of, and improvement on the maritime fyftem of ancient Rhodes, whofe naval laws were fo far diftinguifhed as to have been adopt ed by the Romans. , Even fo far back as the 5th of Richard II. it was ordained, " that no merchandize fliall be fhipped out of " the realm, but in Britifh fhips, on pain of forfeiture ;" and, though, fubfequent to that period, for about one hundred years, in confequence of the civil Wars between the houfes of York and Lancafter, there was little attention paid to maritime regula tions by the policy of the times, the principles of the navigation fyftem occupied the care and attention of fucceeding legiflatures, until they were completely arranged and eftablifhed in one falu- tary code. In 1646, the firit a£t was paffed for more effectu ally fecuring the trade of the Britifh colonies in the Weft Indies to Britifh flapping. In 165 I, the act, commonly called Crom well's Aft, was palled ; and another act was paffed in 1660, , for the encouragement of Britifh navigation, butt-incomparably better digefted, and of more extenfive import. This act, by which the moft decifive protection was afforded to the Carrying trade and fhipping interefts of the empire, has been juftly term- * St. John having brought propofals to the government of Holland, wh'ch we:e haughtily refuted, and having been, befides, as he ih iught, peifonally in u t d by ihe Slates, loudly and effectually fuliciteil the Englifh council of ftate to pafs ihe noble aft of 1651. Ludlqw's Mem, vo'.i. p.'345- M2 ed i&J TRADE . ed >by fir Joiiah Child* the Charta Maritima of England ; and Penfionary De Wit fpeaks of it as likely, in its operation, " to deprive Holland of a great proportion offts trade." It is especi ally and moft wifely' provided by this act, that the Dutch mer chants, who had hitherto been openly-employed. as agents or fac tors in the Britifh colonies, " fhall no longer exercife the occu pation of merchants or factors in thofe places." From that moment the foreign outcry agajnft that act was heard. By the Dutch, who had in a great degree monopoliz ed the carrying trade, it was termed " a vile act and order ;" and by the French it was loudly oppofed ^nd decried. But the fame fpirjt and wifdom by which they were planned conti nued to maintain them •, and the time, I truft, is not at hand, when they fhall be renounced or fufpended, by a temporizing policy, to quiet foreign, folicitationj or foreign menaces." Of this great]|charter of the Britifh naval intereft as paffed in 1660, the principal enacting' claufes are : 1. No goods or commo dities whatfoever fhall be imported into, or exported from, any of the king'9 lands, iflands, plantations, or territories, in Afia,Afri- ' ca, or America, in a'nyother tbanEnglifh, Irifh., or plantation built fhips, and whereof the mafter and at leaft three fourths of the mariners fhall be Englifhmen, under forfeiture of fhip and goods". 2: None but natural born fubjects, or naturalized, fhall henceforth exercife the occupation of a merchant or fadtor in thofe places under forfeiture of goods and chattels f. 3. No goods of the growth, product, or manufacture, of Afia, Africa, or America, fhall b£ imported into England, but in fuch fhips as do truly belong to Englifh people, either here or in the king's lands or plantations in thofe parts, and navigated as in the firft. claufe above f . 4. No goods or commodities of foreign growth, production, or manufacture, which fhall be brought into Eng land, Ireland, Jerfey, or Guernfey, &c. other than in fhips built and navigated as aforefaid, fliall be Clipped from any other place but the place of their growth, production, or manufacture, or from thofe ports where they can only be, or ufually have been, brought, under forfeiture of fhip and goods §. *" Without this aft," fays fir Jofiah, " we had im; now [1G8S] been owners of one half of fhe fhippingiand trade, nor fhould we have employed one half of fhe fea- men which we do at prefent. ¦f- This is an improvement upon the aft of navigation of 1S51. It was common to have Dutch merchants acting as factors -and agents in Englifh colonies. | This claufe fecured the tali-India, Guinea, and Levant companies, and'4fo the American colonies, from foreign fhips. § So lately as about the year 1755, twelve fhips from Appennde in Denmark were guilty of a breach of this claufe by bringing t'mber to Liverpool, not of the growth of Denmark, and were obliged -to compound for their delinquency ; as were alfo two other fhips from the fame port pext,year for timber brought into Leith, So neceffa ry is it for merchams tj be acquainted with the mercantile laws of the countries they propofe to trade to. 5. Such . TRADE. iff,- e. Such faltedffifh, train o,ILj and whale-fins (as have, been ufually caught, &c. by the Englifh or Irifh) not caught, cured, &*;. by Englifh or Irifh, nor imported in veffels truly Englifh and navigated as above, fliall pay double aliens' cuftoms. 6. No goods or provifions fhall be carried coaft-wife, from one Englifh port to another, in veffels whereof any ftranger, not naturalized, is owner in whole or in part, and which fliall not be navigated as before. 7.' No goods pf the growth, &c- of Ruffia, as alfo no malts, timber, or boards, foreign fait, pitch, tar, rofin, hemp, flax, raifins, figs, prunes, qlive. oil, corn, fugar, potafh, wines, vinegar, and fpirits, fhall be im ported in any fhips but fuch whereof the true owners te Englifh, and navigated as aforefaid ; nor any currants, or other goods of the Turks dominions, but in Englifli; built fhips, and navigated as aforefaid •, excepting only fuch foreign fhips as are built of that country of which the faid goods are the growth., &c. or of fuch port where the forefaid goods can only be, or mod ufually are, firft fhipped for tranfportation ; and whereof the mafter and three fourths of the mariners at Waft are of the faid coun try or place. 8. To prevent the colouring or concealing of ali ens' goods, all the foreign goods before named, which fhall'be henceforth imported into England in fhips not belonging to England, and not navigated as aforefaid, fhall be deemed, aliens' goods, and fliall pay all ftrangers' cuftoms and port dues. 9. To prevent the like frauds in colouring the buying of foreign - fhips, no foreign built fhip fhall enjoy the privileges of one be longing to England, till firft the owners make it appear that they are not aliens : and they fliall fwear that they g-we a valuable confideration (to be then fpecified) for fuch fhip, and that hq foreigner has any fhare therein. Of all which a certificate fhall be produced, and a regilter kept *. 10. This act fhall not extend to \nerchandize from any place within the Straits of Gibraltar, if they be brought from the ufual ports there, though not from' the place of their growth, production, or manufacture, fo as the fhip and and crew be qualified as above. The like as to all Eaft India commodities brought from any place eaft of the Cape of Good Hope. Moreover Englifh fhips, navigated as above, may import from Spain, Portugal, the Canaries, Azores, and Madeira, all forts of goods of the plantations of Spain or Portugal. 11. Bullion, prize goods, corn, and fait, and fifh from Scotland, in Scotch built fhips, and three fourths of the mariners the king's fubjects, are excepted put of this act ; and feal oil from Ruffia, in Englifh fhips, with three fourths Englifh * Ever fince this aft paffed, there is an officer eftahlilheil at '.fie cuffom houfe, oiled the tur-veyor of tit aS of navigation, who keeps a regifter of all BrltiA built veffiu. M 3 mari- 1 66 TRADE. mariners. 12. French fhips in our ports fhall pay 5s. per ton, fo long as Englifh fhips in French ports pay 50 fols per ton *. 1 3 . No fugar, tobacco, cotton, wool, indigo, ginger, fuftic, or other dying woods of the growth or manufacture of our Afian African, or American colonies, fhall be fhipped from the, faid colonies to anyplace but to England, Ireland-)-, or to fome other of his majefty's faid plantations, there to be landed ; under forfeiture as before. And to, make effectual this laft claufe, (for the fole benefit of our own navigation and people,) the owners of the fhips fhall give bonds, at their fetting out, for the due performance thereof." Thefe were called enumerated commodities ; and by the a£ts of the 15th, 22d, and 23d, of this reign (the firft for the encou ragement of trade, and the others for- preventing the planting . of tobacco m England, and for regulating -the plantation trade) the enumerated commodities in the firft a£t were exprefslyprohi- bited to be carried to Ireland till firft landed in England.. The lift has undergone frequent alterations, and probably many others will be hereafter found neceffary. According to circumftances of various times the operation of this act has been partially fufpenrled, and the benefits of a free. commerce with GreatBritain and her colonies allowed for limited periods to other nations.- Of late, too, feveral acts have paffed, directly militating againft the navigation laws, which are thus enumerated and remarked op by Lord Sheffield. The law com monly known by the name of the Dutch Property' Act, and which very much extended the privileges of neutral bottoms, was paffed in the 35th of George III. for the avowed purpofe of fecuring the property of the Dutch emigrants %. In the next year, the 36th of George III. c. 17. an act was'. paffed giving power to the privy council to permit all veffels, under the fame pretence, to bring from any country goods of any fort, which, according to the navigation laws, could be imported only by Britifh fhips, duly navigated, or by fhips duly navigated alfo of the countries whence the goods were brought. ' According to this law all merchandize imported in foreign fhips was to pay no duty', until taken out of the warehoufe for confumption, though the like merchandize, if brought in Bri- * The Dutch were exempted from this impiffition of fifty fols pir'ton by the tr-caty of Ryf* clc, rn ich to the damage of France, (as the French council of trade affirm in their report 1701) frnce that duty, which befure produced from 6 to 70.;, 000 livies, now ( t-qO produces but 100, obo. ¦}¦ Ireland isjeftout in all fubfequentafts, and exprefsly excepted in thatof 22, zi, Chas. 11. c. 2b. , | This aft, though temporary in its objeft, laid the foundation of, and furnifhed the pretence for the fuhfequent afts, by which fuch objectionable and unneceffary pcw.rs were given to privy councils, &c. tilh TRADE. 167 tifh vefTels, was charged with duty immediately on importation.- Here, then, was a manifeft injury tothe Britifh merchants ; yet if Britifh fhips had been permitted to enter their goods under the fame power there would have been ftill greater mifchief in the regulation : for, in fuch cafe, we fliould have had no Britifh fhips duly navigated ; 6T, at leaft, thofe which were not duly navigated, and foreign veffels, would have ftill enjoyed fuperior advantages, becaufe they could have more eafily completed their crews, and at lower wages. Thefe acts of the 35th and 36th were further continued by the acts of the 39th and 40th of the king, until the ift of Janu ary, 1804 •, and finally, an act paffed in the 42d of the king, to terminate alfo in the year 1 804, for repealing thefe feveral acts,- or fuch of them as had not been previoufly repealed, and for ena bling the privy council to permit goods to he imported in fhips of any country, of not lefs than 1 00 tons, or in Britifh fhips navigated according to law, from any part of America or the Weft Indies, not under the dominion of his majefty. " For thefe laws, lord Sheffield proceeds, there was not even a pTetence, but fuch as referred to temporary circumftances. Dtiring the late war, when in confequence of the difturbed ftate of the greater part of the two hemifpheres, a very confiderable portion of the produce of the world was likely to be brought into this country for fafety, or for a market, it was thought advifable, for the prefent to fuffer all goods to be imported in neutral fhips ; and a large importation took place of the product of the countries at war, as well as of neutral nations ; and the goods were permit ted torbe warehoufed, both for home confumption, and re-export ation. But although thefe laws may have afifen, in the whole, or in part, from fach principles or fuch pretences, they are not, therefore, to be vindicated. Some of them afforded great advan tages to foreign fhips, in permitting articles of merchandize to be ftored, which they did not allow to Britifh veffels ; and all of them, in principle, obvioufly amounted to a complete fufpen- fion of an effential part of one navigation code, and were admit- cd through laxity of principles, and want of perception of the true fpirit of that fyftem. They were favoured indeed, by the -idea, that merchandize could net be brought into this country without leaving fomething behind on re-exportation. But here ends the apology which is to. be offered for them ; and why any of them fhould have been allowed to continue in force after the pea6e? and till 1 804, it will not be eafy to affign a reafon. / Thefe acts, if they augmented the quantity of merchandize brought to this country, certainly increafed, in a very unneceffary degree, the quantity of foreign tonnage employed in our carrying trade } and all the advantages thus held out to foreign fhipping were M 4 peculiarly 1 68 TRADE. p-eeuTiftrlf calcnfytai to eftablifh th&t trade in ,th« hands of the Americans, on the icttaclufion of the war, wheal fuch a num ber of tranfports, and fo many fhips, feamen, and artificers were1 to be difchaj-ged from the public fervice* as -would-he fully .equal to the carrying on of the whole ,of. -our commerce. Under fuch drcurhftances, therefore, what wafto be the pro bable refult ? Thofe fhips were to be laid up, by difcourage- meiat, in out ports to rot, and thofe feamen, together with the numerous claffes of perfons occupied in fhip building, were to be difperfed abroad in fearch of employment, arid many to be feduced into the fervice of other nations, or to pafs over to America, and, confequently they and their progeny to be loft to their native country for ever." i Dr. Adam Smith ftates the following objections againft the navigation act; in general. " The act of navigation is not fa vourable to foreign commerce, or to the growth of that opulence which can arife from it. The intereft of a nation in its com mercial relations to foreign nations is, like that of a merchant with regard to the different people with whom he deals, to buy as cheap and fell as dear as poffible. But it will be moft likely to buy cheap, when by the moft perfect freedom of trade it encourages all nations to bring to it the goods which it has oc- cafion to purehafe ; and, for the fame reafon, it will be moft likely to fell dear, when its markets are thus filled with the greateft numbers of buyers. The a<3: of navigation, it is true, lays no burden upon foreign fhips that come to export the pro duce of Britifli induftry. Even the ancient aliens' duty, which ufed to be paid upon all goods exported as well as imported, has, by feveral fuhfequent acts, been taken off from the greater part of the articles of exportation. But if foreigners, either by prq- hibitions or high duties, are hindered from coming to fell, they cannot always afford to come to buy ; be6aufe , coming with out a cargo, they muft lofe the freight from their own coun try to Great Britain. By diminifhing the number of fellers, therefore, we neceffarily diminifh that of buyers, and are thus likely not only to buy foreign goods dearer, but to fell our own cheaper, than if there was a more perfect freedom of trade. As defence^ however, is of much more importance than opu lence, the act of navigation is perhaps the wifeft of all the com mercial regulations of England. When by the act of naviga tion, he further obferves, England affumed to herfelf the mono poly of the colony trade, the foreign capitals which had before, been employed in it were neceffarily withdrawn from it. The Englifh capital, which had before carried on but part of it, w-a8 now to carry on the whole. The capital which had before fup plied the colonies with but a part of the gopds which they want ed TRADE. 169 •jjtfrom Europe, was now all that was employed to fitpply them with the whole. But it could not fuipply them with the whole, and the goods; with which it did fupply them were ceceflaiily fold very dear. The capital which had before benight but a part of the furplus produce of the colonies, was now ' all that was employed to buy the whole. But it could not fauy the , whole at any thing near the old price, and, therefore what.- ever it did buy it neceffarily bought very cheaf>> But in an emt ployraent of capital in which the merchant fold very dear and b-ought very cheap, the profit muft have been very great, and much above the ordinary level of profit in other branches of trade. This fuperiority of profit in the colony trade could not fail to draw from other branches of trade a part of the capital which had before been employed in thern. But this revmlfion of capi tal, as it muft have gradually increafed the competition of capii. tals in the colony trade, fo it mult have gradually diminifheS that competition in all thofe other -branches of trade -, as it mud hay e- gradually -lowered the profits of the one,,fo it muft have gra dually raifed thofe of the -other, till the profits of all came to a new. level, -different fram and .'fomewhat higher than that at which they had been before. This double effect, of drawing capital, fromall other trades, and of .railing the rate .of profit fomewhat higher than it otherwife would have been in -ail trades, was not only, produced by thismonopoJyupou its firft Efta blifhment, but has continued to be produced.hy it ever fince. Firft, this monopoly has been continually drawing, oapitaj from all. other trades to be employed in that of the colonies. Though the wealth of Great Britain has increafed very much fince the eftablifhment of the act of navigation, it certainly has not increafed in the fame proportion as that of the colonies. But the foreign trade of every country naturally increafes in proportion to its wealth ; its furplus produce in proportion to its whole produce; and Great ^Britain having ingrofled to herfelf almoft the whole of what may be called the fo reign trade of the colonies, and her capital not having increaf ed in the fame proportion as the extent of that trade, fhe conld not carry it on without continually withdrawing from other branches of trade fome part of the capital which had before been employed in them, as well as withholding from them a great deal more which would otherwife have gone to them. Since the eftablifhment of the act of navigation, accordingly, the colony trade has been continually increafing, while many other branches pf foreign trade, particularly of that. to other parts of Europe, have^been continually decaying. Our manu factures for foreign fale, inftead of being fitted as before the set of navigation, to the neighbouring market of Europe, or to i7» TRADE. to the more diftant 0ne of the countries which lie round the Mediterranean fea, have, the greater part of them, been accom modated to the ftill more diftant one of the colonies to the mar ket in which they have the monopoly, rather than to that in which they have many competitors. The caufes of decay in other branches«spf foreign trade, which, by fir Mathe'w Decker and other writers, have been fought for In the excefs and improper mode of taxation, in the high price of labour, in the increafe of luxury, &c. may all he found in the over-growth of the colony , trade. The merchantile capital of Great Britain, though, very great, yet not being infinite ; and though greatly increafed fince the act of navigation, yet not being increafed in the fame proportion as the colony trade, that trade could not pofiiblybe carried on without withdrawing fome part of that capi tal from other branches of trade, nor confequently without fome decayof thofe other branches. England, it muft be obferved, was st great trading country, her mercantile capital was very great, and likely to become ftill greater and greater every day ; not only before the act of navigation had eftablifhed the' mono poly of the colony trade, but before' that trade was very con fiderable. Secondly, this monopoly has neceffarily contributed to keep up the rate of profit in all the different branches of Britifh trade higher than it naturally would have been, had all nations been allowed a free trade to the Britifh colonies. The monopoly of the colony trade, as it neceffarily drew towards that trade a greater proportion of the capital of Great Britain than what would have gone to it of its own accord ; fo by the expulfion of all foreign capitals it neceffarily reduced the whole quantity of capital employed in that trade below what it naturally would have been in cafe of a free trade. But, by leffening the com petition of capitals in that branch of trade, it neceffarily raif ed the rate of profit in that branch. By leffening too the competition of Britifli capitals in all other branches of trade, it neceffarily raifed the rate of Britifh profit in all thofe other branches. Whatever raifes in any country the ordinary rate of profit higher than it otherwife would be, neceffarily fubjects that country both to anabfolute and to a relative difadvantage in every branch of trade of which fhe has not the monopoly. Our merchants frequently complain of the high wages of Britifh labour as the caufe of their manufactures being under- fold in foreign markets ; but they are filent about the high pro fits of ftock. They complain of the extravagant gain of other people^ but they fay nothing of their own. The high profits of Britifh ftock, however, may contribute towards raifing the , price TRADE. 171 price of Britifh manufactures in many cafes as much, and in fome perhaps more, than the high wages of Britifh labour. It is in this manner that the capital of Great Britain, one may juftly fay, has partly been drawn and partly been driven from the greater part of the different branches of trade of which fhe has not the monopoly; from the trade of Europe in parti cular, and from that pf the countries which lie round the Me diterranean fea. It has partly been drawn from thofe branches of trade, by the attraction of fuperior profit in the colony trade in confe- quence of the continual increafe of that trade, and of the con tinual infufhciency of the capital which had carried it on one year to carry it on the next. It has partly been driven from them, by the advantage which the high rate of profit, eftablifhed in Great Britain, gives to other countries, in -all the different branches of trade of which Great Britain has not the monopoly. In thefe ftatements, Adam Smith isaccufed of deferring fact. and experience, for the fake of fpeculation and theory; his arguments are combated with great force, and the mifchief of all the indulgences and conceffions by which the Britifh go vernment has weakened the operation of the navigation law is^ clearly pointed out. by many authors, and particularly by lord Sheffield, whofe publication called Strictures on the neceffity of inviolably preferving the navigation and Colonial Syfiem of Great Britain, merits the moft attentive confideration. Following the fame line, of argument^with the noble author, and adopting many of his calculations and deductions, Mr. Oddy forms the fol lowing- conclufion. The neceffity and policy of fufpending the Britifh navigation art, can be juftified in time of war only; then it is a fource of profit to foreign nations at the expence of Great Britain ; but if we are to judge of the prosperity of the country from paft experience, that it can fupport great burthens, it is the fhipping which is the fundamental caufe of our hearing thofe burthens ; and, therefore, it appears policy to exempt Britifli fhipping from taxation as a fource of revenue. We , fhould confider, that though the goods can bear a tax, the carrier may not be able to do fo ; and when the queftion is about the nation being its own carrier, matters fhould be managed not only with great delicacy, but with great libera lity ; for any tax upon our fhipping acts as a premium to foreign fhipping, confequently prejudicial to our own. It has al ways been a maxim of nations, and a juft one too, that in dividual profperity fhould, give way to the welfare of a ftate ; but where bpth Can be materially benefited, then policy commands that we fhould fecure thofe advantages. . The naviga- iy2 TRADE. navigation a£t of this -country is the foundation /on which the coloffal roonurjiant of our .na-vjri victories, glories, and national power, is built; and although cur fuperiority has been fo much exclaimed againft by all, aFrenchauthor, the rnoft confpicuous in the ranks when iffuing his fplenetic envy againft Britain exercif-r ing the fovereignty of the feas, has .candidly aiked, "What nation having the power would not do the fame r" When. then our exiftence, as a great and powerful nation, depends upon our navy, and when our fhipping is a nurfery for that navy, every protection and facility fhould be given to promote it ; every re- ftraint or burthen to difcourage it fhould be done away. It is a floating, infecure property of individuals, always precarious and liable to lofs ; it therefore requires the fpftering aid of go vernment, when we have, near us, at home, competitors like the northern nations ; and acrofs the Atlantic the Americans, whofe enterprizingfpiritand vigilance is making head in a more formidable manner than we are aware. Merchant Ships. The extenfive commerce carried on by means of veffels of this defcription has given rife to a variety of regulations which will be noticed in the order adopted by Mr, Abbott, in his treatife on the law of Merchant fhips and feamen. P&oferty.— r-Qne or more perfons may acquire the property vf a fhip by building it at their expence, or by purchafing it 6f another, who has authority to difpafe of It. Upon the death of the owner, his intereft devolves upon his perfonal reprefen- tatives. In the' cafe of purehafe however it is neceffary that the perfon who takes upon him to fell, flioujd have -power to do fo ; for although a. fale of other goods by the perfon . who is in ppffeflion of them does in many cafes veft the property in the buyer, even when, the feller himfelf has neither property in them, nor authority to difpofe of them, the fame cannot take place with refpect to fhips, as there is no open market for the fale of them. Indeed this' fpecies of property appears from very early times to have been evidenced by written documents, and at pre^ fent, always is fo, which other moveable goods rarely are ; and therefore the buyer has in this inftance the means of ascertain ing the title of any perfon who offers to fell, and can feldom be 'deceived except by his own fault. The mafter of a fhip pofFeffes every power neceffary for the employment and naviga tion of the fhip ; but he has not, unlefs in a cafe of extreme ne ceffity, authority to fell the fhip ; he may however, in cafe of neceffity, borrow money upon the credit of the fhip or its furni ture with the affent of the crew. He may alfo, in cafes of ex treme neceffity, fell the fhip, but no perfon can fafely purehafe Ipne of the mafter in any other cafe ; and although he be him felf TRADE. »73 felf pArt owner of the fhip, yet will not his \fole, be good for more than his own part ; for the' hite'reft of the part owners is fo far diftinct, that one of them cannot difpofe of the fhare of another ; whereas in articles of ordinary fale, one partneT may in general transfer the whole property, if the tranfaction be without fraud. The effect of this interdiction of fale has, been frequently evad ed in foreign countries, by procuring a fentence of condem nation and fale of a fhip, as unfit for fervice, from fome court or judge having, jurifdiction in maritime affairs. No fuch juris diction is known to the law of England. Thefe condemnations, as they are called, fofnetimes made abroad^ upon the furvey and reports of captains or carpenters, have no binding force „in this country, but the fact, upon which they profefs to he founded, may be litigated by th» parties interefted in difput- The property in a fhip being always evidenced by written documents ; thefe documents not only furnifh the owner with proof of his property, but alfo enable him to difpofe of it, when r the fhip is at fea, or in a foreign port. When & fhip is here in the country of its owner, and a delivery of actual poffeffion is neceffary to give a perfect title to the buyer, in cafe of a fale of the whole fhip ; for although as between buyer and feller the fale may be completed by payment, of the price with delivery of poffeffion, yet if the buyer fuffer the feller to remain in pof feffion, and act as owner, and the feller in the mean time become bankrupt, the property will be confidered as remaining' in him to be difpofed of for the benefit of his creditors ; and fometimea alio, if 1 an execution iffue upon a judgment againft the feller, the fale maybe deemed fraudulent and void as againft the par ty, who has obtained the judgment. But in cafe of a fale, or an agreement for fale, of a part only, it has been thought fufficient, if the vendor, having delivered the muniments of his t\tle, ceafed from the time to act as a part owner, adtual delivery of a part being faid to be impoffible. Another mode of acquiring property in a fhip is by capture from an enemy in time of war, legalized and functioned by a fentence of condemnation in a court of the capturing power, conftituted according to the law of nations. In this cafe how ever, if the capture is made by .a fhip belonging to his majefty, the prize is formally condemned to the king, and the value diftributed among the captors ; and if the capture is made by * private fhip, in which cafe the fentence is in form a condemna tion to the captors, a fale will always be the moft convenient mode of afcertaining the value, both for the purpofe of diftri- btition among the captors, and of payment of the duties to the 8' king; 174 TRADE. king ; and the acts of parliament which give to prizes the pri vileges of Britifh fhips, prefume a fale and provide regulations accordingly. Capture by pirates who are merely robbers at fea, does not divert the property of the owner; and in a very early period of our hiftory a law was made for the reftitution of property fo taken, if found within the realm, belonging as well to ftrangers as to Englifhmen. But capture by an enemy, in the exercife of war between two nations, does, according to the laws of nations, wholly diveft the property of the owner, and transfer it to the captor or the fovereign of Ms ftate at fome period. Register. All commercial nations have> for the advance ment of their individual profperity, conferred various privileges of trade upon the fhips belonging to their own countrymen ; and the legiflature of this nation has for the fame purpofe, at different periods, enacted laws fuitable to the circumftances of the times, requiring, for the exercife of fome particular branches of commerce, fhips not only of the property of its own fubjects, but alfo of the built of its own dominions.' It has however at all times been the policy of the legiflature to confine the privi leges of our trade, as far as was confiftent with the extent of it, to fhips built within the king's dominions ; but.it was referved for the prefent reign to behold the fhip building of the country advanced to fuch a ftate as to warrant the confinement of thefe privileges exclufively to fhips of that defcription, or taken as prize in war. And accordingly this meafure was carried into execution by a ftatute, made in the 26th year of his prefent majefty's reign; referving however to fuch foreign built fhips- as were then the property of his fubjects, the privileges to which they were then entitled by the exifting laws. For the more effectual execution of this important meafure of public policy, various new regulations were introduced, to afcertain the built and property of fhips, which have been fince improved by fubfequent' ftatutes, as experience fhewed that fome parti culars, notwithftanding the gfeat attention paid to the original ftatute, and the great talents employed in framing it, had not been fufficiently provided for by it. Thefe provifions are not lefs happily calculated to prevent the commiffion of private fraud upon individuals, than to advance the public policy of the ftate, by the notoriety of property obtained through the medium of a public regifter, a meafure adopted with numerous improve ments from the wifdom of former times. The fubjedt of thefe provifions are all merchant fhips employed upon the fea, whe ther in the coafting trade or diftant voyages, having a deck, or being of the burthen of fifteen tons and upwards ; and either built in. Great Britain, or Ireland, Jerfey, Guernfey, the Ifle TRADE. 1 75 Ifle of Man, or the colonies, plantations, iflands, and territories under the dominion of his majefty, in Afia, Africa, or Ameri ca ; or taken in lawful war and condemned as prize ; with the exception of « veffels not exceeding thirty tons, and not having " a whole or fixed deck, and being employed wholly in the " fifhery on the banks or fhores of Newfoundland,' and of the " parts adjacent, or on the banks or fhores of the provinces of ( m Quebec, Nova Scotia, or New Brunfwick, adjacent to the " gulf of Saint Lawrence, and to the north of Cape Canfo, or " of the iflands within the fame, or in trading coaftwife within " the faid limits ; which latter veffels are not liable to be " regiftered, nor to any hindrance or moleftation for not being « regiftered-" Such fhips, however, muft belong to fome of his majefty's fubjects not refiding in any -country which is not under the dominion of his majefty, unlefs he , be- a member of fome Britifh factory, or agent for, or co-partner in, a houfe or co- partnerfhip actually carrying on trade in Great Britain or Ireland. No fhip fhall be deemed Britifh built, or enjoy the privilege belonging to that character, if rebuilt, or repaired, in a foreign port at an expence exceeding fifteen fhiltings per ton, unlefs fuch repairs fhall be neceffaTy by reafon of extraordinary damage fuftained during her abfence from the king's dominions, and to enable her to perform her voyage, and return to the king's domi nions in fafety; and unlefs, before therepalrsare made, themafter fhall report upon oath, or affirmation if a quaker, her condition to the Britifh Conful, or chief Britifh officer, if there be any on the fpot, and caufe her to be furveyed by two perfons to be approved of by him, and deliver to him in writing the particulars of the damage fuftained; and verify upon oath, or affirmation, the particulars and amount of the repairs, and the neceffity of them ; which fuch conful or officer is required to certify under his hand and feal. And if a fhip is repaired in a foreign port, the mafter' fhall, if required, make proof on oath, or by affirma- - tion, of the nature and amount of the,, expence of the repairs, before the principal officer of the cuftoms, at the port within his majefty's dominions at which he fhall firft arrive ; and if the expence fhall exceed fifteen fhillings per tonrandthe mafter fhall not deliver the certificate before mentioned, the fhip fhall be deemed foreign built- Place. The place of regiftry is in general the port from and to which the fhip fliall ufually trade, or, being a new fhip, fhall intend to trade ; and at or near which the hufband, or acting owner or owners refide, but four of tlje commiffioners of the cuftoms in England, or three in Scotland, may, if they fee fit, 7 * authorize 170 TRADE. authorize the legifter to he matte in 2 different port ; and pritfC fhip-', condemned in Guernfey, Jerfey, or the We of Man, muft,, in order to. fecurethe duties, be regiftered; either at Southampton,. Weymouth, Exeter, Plymouth, Falmouth, Liverpool, or Whitehaven. Certificate. In order to obtain a certificate of regiftry in the cafe of a new ffiip, the perfon applying muft produce a full and true account under the hand of the builder, of the denomi nation of the fhip, time and place of building, tonnage, and name of the fiirft purchafer, and muft make oath that the ffiip is the fame as thus deferibed by the builder. In the cafe of a. prize fhip, the owner muft produce a certificate of l^ie con demnation, under the hand and feal of the judge of the court, and an account in writing of all the particulars, contained in the form of the certificate of regiftry, made and fubferibed by one or more tkilful perfons, to be appointed by the court to furvey the fhip j and muft alfo make oath of the identity of the ffiip : and if the prize has been condemned in the foreign colonies, oath muft be made of the fum for which the fhip was fold, and? an account of that fum muft be fubjoined to the certificate, in order that the duties may be paid upon the fhip's arrival in Great Britain ; where indeed they muft be paid, whether the fhip has been fold or not, before the fhip can be intitled to the privileges. And further, if the prize was a fhip of war, the pre-emption of the fhip, furniture, and ftores, muft be offered to the principal 'officers and commiffioners of the navy; and the pre-emption of the guns, arms, and ordnance ftores, muft he offered to the mafter-general and principal officers of the ordnance ; and their certificate of the tender of them, and of their refufal to purehafe, produced to the officers appointed to Hiake regiftry. Oath. Before the regifter is made, an oath muft be taken and fubferibed in the form fet forth in the ftatutes. This oath, in the cafe of private perfons, is to be made by the owner, if only one ; if two owners, and both refident within twenty miles of the place of regiftry, by both ; if both or either be refident at a greater diftance, by one only : if more than two owners, by the greater part, not exceeding three, if refident within twenty miles ; or "by one, if all are refident at a greater diftance ; ancf if three or more, and three do not attend, oath muft further be made that the abfent are not refident within twenty miles, and, have not wilfully abfented themfelves to avoid taking the oath, or are prevented by illnefs from attending. In cafe of the Eaft India Company or other corporation, the oath is to be, made by the fecretary or other officer authorized by the corporation. But as fhips are fometimes built in Newfoundland^ and in thofe parts TRADE; 177 parts of the provinces of Quebec, Nova Scotia, and NewBrunf- wick, adjacent to the Gulph of Saint Lawrence, and to the North of Cape Canfo, on account of owners refiding in his majefty's European dominions, the oath may, in the abfence of all the owners, be taken there by the hufband or principal agent of the fhip, and a certificate of regifter granted to be in force un til the (hip's arrival at fome port in the king's European domini ons, where it may be regiftered on the oath of the owners; and then the certificate becomes void, and the fhip is to be regiftered anew upon the oath of the owners, as in the cafe of fhips built at home. The oath to be thus made contains the name and defcrip- tion of the veffel, the name of the mafter, and of every part owner, with other particulars tending to' prove them to be fubjects of- his Majefty by birth, denization, or naturalization; and concludes with a pofitive averment, that no foreigner, directly or indi rectly, hath any fhare orintereft in'the ffiip. View. And in order to obtain a true and accurate defcrip- tion of the fhip, one or more perfons appointed by thecommif- fioners of the cuftoms, or in the iflands, &c. by the cpmmand- ers in -chief, are to go on board, and examine; and admeafure the ffiip : and if it is neceffary to take the admeafurement, while the fhip is afloat, are to do fo in the particular mode prefcribed by the ftatutes. The regifter to be made, when all thefe pre vious fteps have been t^ken, fpecifies the name, occupation, and refidence of every owner ; the name of the fhip; fhe-place to .which fhe belongs ; the name of the mafter; the time and place of the built, or capture, and date of condemnation ; the name of the furveying officer, the number of decks and mafts ; the length, breadth, height between decks, or depth of the ' hold, tonnage ; particular kind and manner of building j galle ry, and kind of head, if there be any. And of this regifter -a certificate is to be .granted by the collector or comptroller of the cuftoms in Great Britain or the Ifle of Man, or the ^governor or lieutenant governor, or commander in chief, and principal officer of the revenues of the cuftoms in Jerfey, or Guernfey, or the foreign territories. Bond. But before the certificate of regiftry is delivered out, a bond muft be executed by the mafter of the ffiip, and fuch of the owners as perfonally attend, before the perfon authorized to grant the certificate, or before any other perfon, and at any other place, by permiffion of the commiffioners of the. cuftoms, or of the commander in chief of the European iflands or foreign territories before mentioned ; in a penalty, varying in proportion to the burden of the ffiip, but never exceeding 1600/. as a fe- , curity that the certificate fhall not be lent, fold, or difpofed of, Vol. III. N but 1 7« TRADE. but folely" ufed for the fervice of the fhip for which it is granted; and in cafe of the lofs, capture, ordeftructionof the fhip, or of the transfer of the whole or any fhare of it to a foreign er, be delivered up to the perfons authorized by the ftatute to receive it. Change of Proprietors. Whenever the mafter of the fhip is changed, the certificate muft be delivered to the perfon authorized to make regiftry at the port where the change fliall take place, who is to indorfe upon it a memorandum of the change, and give notice thereof to the officer of the port of regifter, who is to make a memorandum of it in the book of regifters, and give notice thereof to the commiffioners of cuftoms : and the new mafter muft execute a frefh bond fimilar to the original^ fecurity. Name of Ship. To prevent the frauds formerly committed by changing the names of fhips ; the name, by which a. fhip has been regiftered, muft never be changed, and muft be paint ed, with the name of the port to which fhe belongs, in a Confpicuous manner on the ftern of the fhip. Shape. If any regiftered fhip is altered afterwards in form or burden, by being lengthened or built upon, or changed from a (loop to a brigantine, or from one denomination of veffel to another, by the mode of rigging, or fitting, fuch fhip muft be regiftered anew, as foon as fhe returns to the port to which fhe belongs, or to any other, in which fhe may be regiftered. Number. The certificates thus granted, are to benumbered progreffively by the perfons granting them, beginning a nume ration every year ; they are alfo to copy them into a book to be kept for that purpofe, and tranfmit exact copies to the com miffioners of cuftoms at London, or Edinburgh, according to the department to which they belong ^ and copies of thofe tranfmitted to Edinburgh are afterwards to be tranfmitted to the commiffioners of the cuftoms in England. Pp.bDucTioN ov Certificate. The mafter of every regif tered fhip muft, on demand,, produce the certificate of regiftry to the principal officer of every port in his Majefty's domi nions, or to the Britifh conful, or chief Britifh officer, in any foreign portf to which he fhall arrive, under the penalty of loo /. Loss. So valuable an inftrument ought to be kept with the greateft care ; but as it may neverthelefs happen to be loft or miflaid, a new regifter and certificate may be granted upon taking the oath before mentioned, and entering into a bond for delivering up the old certificate, if found, and making no improper ufe of it. If the lofs be difcovered, when a fhip belong- I ing TRADE. 179 Ihg to this country is in the plantations abroad, the certificate granted there will be in force only until her return home. Detention. And as it has fometimes happened that the mafter of the fhip, who is neceffarily intriifted with the poffef fion of the certificate, while the fhip is at fea, has obftinately refufed to deliver it, when the owners have had occafion for it ; the' legiflature has twice endeavoured to provide a remedy for this evil. Firft, by a ftatute made in the 2^1 year of his prefent Majefty's reign, by which it is enacted, "That on complaint made on oath, by the owner of any veffel, whofe certificate fhall be fo detained and refufed to be delivered up, of fuch detainer and refufal, to any juftice of the peace refiding near the place, it fhall be lawful for fuch juftice, by warrant under hishand and feal, to caufe fuch mafter to.be brought before him, to be exa mined; and if it fhall appear that thefameis not loft or miflaid, but is wilfully and malicioufly detained, Hie mafter fliall forfeit 1 00/. and on failure of payment in two days, be committed to thft common gaol, not lefs than fix months nor more than twelve. And the juftice may iffue a warrant to fearch for fuch certificate, and if found, to teftore it to the owner, and if not found, the juftice fhaU certify the detainer, refufal, and conviction, to the perfons who granted the laft certificate of regiftry, who fhall, oi> the terms and conditions of the acts being complied with, make regiftry of fuch veffel de novo, and grant a certificate conform ably to the directions of the acts, notifying on the back ther ground upon which the veffel was fo regiftered de novo." By a fuhfequent ftatute, it is enacted, " That in cafe the maf ter of any ffiip who fliall have received her certificate of regif try (whether he fhall be a part owner or not) fliall wilfully detain and refufe to deliver it up to the proper officers empowered tr> make regiftry, and grant certificates on requifition from the ow- ers, they may make complaint on oath againft fuch mafter to any juftice of the peace refiding near the place, or to any mem ber of the fupreme court of juftice, or any juftice of the peace in the colonies ; and fuch juftice or other magiftrate fhall, by warrant under his hand and feal, caufe fuch mafter to be brbught before him, to be examined ; and if it fhall appear that the faid certificate is not loft or miflaid, but is wilfully detained ; the mafter fhall forfeit tool, and on failure of payment be com mitted to gaol not lefs than fix months nor more than twelve." This ftatute does not authorize the magiftrate to grant a fearch warrant, but it requires the detainer to be certified, and a new- certificate of regiftry granted, in the fame words as the preceding ftatute. Sale of Ships. Thefe feveral regulations are. applicable to Britifh fhips, while they remain the property of the original N 2 owners. 180 TRADE. owners. Other provifions are made by the ftatutes to regulate the transfer of the property wholly, or in part, from one per fon to another; and no transfer can be valid without a com pliance with them. In the firft place, the firft of the ftatutes now under confideration enacts, that when the property of any veffel fhall be transferred from one to another of his Majefty's fubjects, the certificate of the regiftry fhall be truly and accu rately recited, in words at length, in the bill or other inftrument of fale, which fhall otherwife be void. A fuhfequent ftatute reciting, that upon this claufe doubts had arifen, whether every transfer of property was required to be made by an inftrument in writing ; and, whether contracts Or agreements for the tranf- fer might, not be made without fuch an inftrument, enacts, that no transfer, contract, or agreement for transfer, of property, in any veffel, made alter the. ift January 1795, fhall be valid or effectual, unlefs m$ide by bill of fale, or inftrument in writ ing, containing fuch recital as prefcribed by that claufe. But this is not the only requifite to a transfer of property. Further requifites are introduced by the ftatutes. Firft, When an alteration of property takes place in. the port to which the fhip belongs. In this event, the firft of the re cent ftatutes, referring to. the ftatute 7 and 8 William, c. 22, which requires, " That in cafe there be any alteration of pro perty in the fame port, by the f.-.le of one or more fhares in any fhip, after regiftering thereof, fuch fale fhall always be acknow ledged by indorfement on the certificate of the regifter before two witneffes, in order to prove that chc entire property in fuch fhip remains to fome of the fubjects of England, if any difpute arifes concerning the fame -," further directs, " That in every fuch cafe, befides the indorfement required by the faid act, there fhall be indorfed, before two witneffes, the town, place, orpariffi, where every perfon to whom the property in any fhip, or veffel, or any part thereof, fliall be fo transferred, fhall refide ; or if fuch perfons ufually re fide in any country, not under the dominion of his Majefty, but in fome Britifh factory, the name of fuch factory ; 'or if fuch perfons refide in any fo reign town or city, and are not members of fome Britifli factory, the name of fuch foreign town or city, and alfo the names of the houfe or copartnerfhip in Great Britain or Ireland, for or with whom fuch perfons are agents or partners ; and the perfons to whom the property of fuch veffel fhall be fo transferred, or their agent, fhall alfo deliver a copy of fuch indorfement to the perfons authorized to make regiftry ^nd grant certificates, who are to caufe an entry thereof to be indorfed on the oath or affidavit upon which the original certificate was obtained ; and alfo make a memorandum of the fame in a book of regi- 'ftersj TRADE. 18 1 ftcrs, and forthwith give notice thereof to the commiffioners of the cuftoms in England or Scotland, under whom they refpedtively act." Secondly, When an alteration takes place during the abfence of the fhip from the port to which (lie belongs. In this cafe, the 34 Geo. III. c. 68. provides, " That if any , ffiip or veffel be at fea, or abfent from the port to which fhe belongs at the time when an alteration in the property is made, fo that an in dorfement or certificate cannot be immediately made, the fale, or contract for fale, fliall notwithftanding be m,ade. by bill of fale, or other inftrument in writing,, as before directed, and a copy of the inftrument delivered, and an entry indorfed on the oath or affidavit, and a memorandum made in the book of re- gifters, and notice given to the commiffioners of the cuftoms,. - as before directed ; and within ten days after the veffel, fhall return to the port to which fhe belongs, an indorfement fhall be made and figned by the owners, and a copy delivered in man* ner before mentioned, otherwife fuch bill of fale, or contract,. fliall be void ; and entry fliall be indorfed, and a memorandum] ma"de, in manner before directed." And as in cafe of the; owner's refidence out of the king's dominions, it would be im- poffible to comply with feveral of the requifites before menr tioned, it is provided, " That in all cafes, where the owner of any fhip fliall refide in any country not under the dominion of his Majefty, as member of fome Britifh factory, or agent or partner in any houfe, carrying on trade in Great Britain or Ireland, at. the time when he fhall transfer fuch property in any fhip, fo that an indorfement cannot be made immediateIy,.nor a copy of the bill of fale, or inftrument, be delivered, nor an entry indorfed on the oath or affidavit, nor a memorandum nnade in the book of regiftcrs, nor. notice given to the commif* fioners of the cuftoms as before mentioned, the fame may be done at any time within fix months after fuch transfer, and within ten days after fuch owner, or fome perfons legally author rized for that purpofe, fhall arrive in this kingdom, if the 'fhip is then in any pprt of this kingdom, and if not, then within ten days after its arrival, an indorfement fhall be made by the owner, or fome perfpn legally authorized, and a copy delivered as- be fore mentioned, otherwife the bill of fale, or contract, fhall be void ; and entry thereof fhall be indorfed, and a memorandum made, as before directed." In all cafes, however, when a (hip is required to be regiftered anew, upon any transfer of the property wholly or in part, the regiftering officers are authorized and directed to require the bill or Other inftrument to be produced ; and, if it is not produced, they are not to regifter thelhip anew, but four of the comrnif- fipners of cuftcms ih England, or three in Scotland, or the ' - ¦ N 3 commander J 8a TRADE. commander in chief in Guernfey, Jerfey, and,, the foreign terri tories, may, if application is made to them, upon due confi deration of the particular circumftances of the cafe, give direc-r tion for regiftering the fhip anew, and granting a certificate, not- withftanding the bill or other inftrument of fale fhall not have been produced, if all other regulations are complied with. Under this head of transfer of property, it feems fit to notice the provifions made by the legiflature to prevent fuch transfer from being made to. a foreigner. A transfer of any fhare to a foreigner wpuld deprive the fhip of its privileges, and, confe-? quently, greatly prejudice the other owners; and to prevent this evil, it was enacted by 13 Geo. III., " That no foreigner, or other perfon, not being a natural born fubje£t of his Majefty, fhall be entitled to, or fliall purehafe, or contract for, any part or fhare of any Britiffi veffel, belonging on'y to natural born fubjects, without the confent in writing of the owners of three-fourths in value, at leaft, of fuch veffel, indorfed on the certificate of the regifter before two witneffes ; and all agreements, contracts, purchafes, and fales of any fhare of any Britifh fhip, made or' concluded by any fuch foreigner, without fuch confent, and not indorfed as aforefaid, fhall be abfolutely null and void." The 34 Geo. III. c. 68. alfo declares, That whereas Britifli fhips, the property of which is in whole or in part transferred to per fons rjot being fubjects of his Majefty, are not entitled to the privileges of Britifli fhips, and to prevent frauds in the employ ment of fuch fhips as Britifh ; they are now by law required, in certain cafes, to be regiftered de novo ; for which purpofe, it is neceffary that fuch fhips. fhould proceed, with all due dili gence, to the port to which they belong, or to any other port jn which they may be legally regiftered, in order to be regiftered1 de novo. It is enacted, That from the ift of March 1795, as often as any fuch transfer of property in any fhip fhall be made, while upon the fea, in cafe the mafter is privy to fuch transfer, or in cafe he is not fo privy, as foon as he fhall be acquainted ^herewith, fuch veffel fliall proceed directly to the port for which the cargo then on board is deftined, and fliall fail from thence to the port pf his Majefty's dominions to which fhe be longs, or to any other fuch port in which fhe may be legally regiftered by yirtue of the faid act ; and fuch fhip may take on board in the port for which her original cargo was deftined, or in any other poyt being in the courfe of her voyage to the port in which fhe may be fo regiftered de novo, fuch cargo, and no Other, as ffiall be deftined, and may legally be carried to fuch port of his Majefty's dominions, where (he maybe fo regiftered de novo. And, if fuch transfer of property fhall be made, while the veffel is in any foreign port, and the mafter is privy, or if not, as foon as he (haU become acquainted therewith, fuch vefieJ, TRADE. 183 veffel, after having delivered the cargo then on board atthe port for which it is deftined, fhall fail to the port of his Majefty's dominions to which flie belongs, or any other port, in which (he may be legally regiftered, and may take on board a proper cargo to be difcharged at the port of his Majefty's dominions, in which fhe may be fp regiftered de novo. And, if fuch trans fer of property is made while the fhip is on a fifhing voyage, pnd the mafter is privy to fuch transfer, or, if not, as foon as he fhall become acquainted, the veffel, after having finifhed her fifhing voyage, without -touching at any foreign port, except for repairs or refrefhments, or delivery of the cargo, fhall fail to the port of his Majefty's dominions to which fhe belongs, or where fhe may be legally regiftered, and take on board, fuch cargo as may be legally carried, and be regiftered de novo ; but, on failure, the fhip or veffel fliall, to all intents and purpofes, be confidered foreign, and not again regiftered, and entitled to Britifh privileges, unlefs upon fpecial reprefentation to four or more commiflioners of the cuftoms in England, or three in Scotland, or proper perfons abroad, who may order the fiiip to be regiftered, and again entitled to the privileges of a Britifh fhip, and a certificate fhall be granted accordingly. But fuch fhips muft comply with all the regulations required by law con cerning the firft regiftry ; and no fhip, of which the property is fo transferred, fhall be regiftered de novo, unlefs fhe return to a "proper Britifh port within twelve months after the transfer ; unlefs on a voyage to the eaft, or the Cape of Good Hope-, or to the weft of Cape Horn, and then within two years, except cafes of fpecial reprefentation. &HARES. The feveral part-owners of a fhip are tenants in common with each other of their refpective fhares : each has a diftinct, although undivided, intereft in the whole ; and, upon t%e death of any one, his fhare goes to his own perfonal repre- fentatives, and does not accrue to the others by furviyorfhip. A perfonal chattel, vefted in feveral diftinct proprietors, can- npt poffibly be enjoyed advantageoufly by all, without a com mon confent and agreement among them : to regulate their enjoyment, in cafe of difagreement, is one of the hardeft tafks pf legiflation : and it is not without wifdom; that the law pf England, in general, declines to interfere in their difputes, Jeaving it to themfelves, either to enjoy their common property by agreement, or to fuffer it to remain unenjoyed, or perifli by their diffenfion, as the beft method of forcing them to a Com mon confent for their common benefit. The law of this coun try, while it authorizes the majority in value to employ the fhip u upon any prpbable defign," takes care to fecure the in tereft of the diffentient minority from being loft in the em ployment, pf which they difapprove. And for this purpofe, it N4 has 184 TRADE. has been the practice of the Court of Admiralty, from very remote times, to take a ftipulation from thofe, who defire to fend the fhip on a voyage, in a fum -equal to the value of the fhaTes of thofe who difapprove of the adventure, either to bring; back and reftore to them the fhip, within a limited time, or to pay them the value of their fhares. When this is done, the diffentient part-owners bear no portion of the expenfes of the outfit, and are not intitled to a fhare ih the profits of the un dertaking ; but the fhip fails wholly at the charge and rifk, and for the profit of the others. This fecurity may be taken upon a warrant obtained by the minority to arreft the fhip y and it is incumbent on the minority to have recourfe to fuch proceed ings, as the beft means of protecting their intereft ; or, if they forbear to do fo, at all events they fhould exprefsly notify their diffent to the others, and, if poffible, to the merchants alfo, who freight the fhip. , With regard to the repairs of a fhip, and other neceffaries for the employment of it, one part-owner may, in general, by ordering thefe things on credit^ render his companions liable to be fued for the price of them. Yet, if the perfon who gives the credit on fuch an occafion does not at the time know that there are other part-owners, he may fue him alone, from whom he receives "the orders. But one part- , owner cannot, by ordering an infurance of the ffiip, without authority from an.other, charge the other with any part of the premium, unlefs the other afterward affent to the infurance. i The intereft of part-owners in a fhip, and in the profits and lofs of an adventure undertaken by their mutual confent, is not affected by the bankruptcy of one of them taking place after the commencement of the voyage, although he has not- paid his full fhare of the outfit. In fuch a cafe? if the other part-r pwners have, in that character, paid the expenfe of the outfit, or made themfelves refponfible for it, they will have a right to deduct his fhare from the portion of his profits to be paid to his affignees. Master. The mafter is the perfon entrufted with the care and management of the ffiip. His power and authority are fo great, and the truft repofed in him is of fo important a nature, that the greateft care and circumfpection ought to be ufed by the owners in the choice and appointment. It appears by the lan guage of the antient fea-laws and ordinances, that the mafter was formerly in almoft, every inftance a part owner of the fhip, and, confequently interefted, in a two-fold character, in the faith ful 'discharge of his duty. At prefent, it frequently happens that he has no property in the fhip. The law of fome countries requires a previous examination of the perfon to be appointed to this important office, in order to afcertain his nautical ex perience and ftill : in other countries he is liable to bepunifhed .as TRADE, 185 as a criminal, if, haying undertaken the charge, he is found in competent to the performance of it. In this country the owners'' are, except in one cafe, which relates to the (lave trade, left totheir own difcretion, as to the fkilland honefty of the mafter; and,' although he is bound to make good any damage that may hap pen to the fhip or cargo, by his negligence or unflcilfulnefs, if he is of ability to do fo, yet he cannot be punifhed as a crimi nal for mere incompetence. TheJ regulation in the navigation act requiring the mafter and a certain portion of the crew tp be Britifli fubjects, has already been noticed ; by fome late ftatutes, thefe reftrictions have been, in fome degree, varied, and the 34 Geo. III.1 0 68. enacts, that if any goods ffiall be imported or brought, exported or carried coaftwife, contrary to any of the provifions of this act, the- goods, veffel-, guns, and - furniture fhall be forfeited : and if^any veffel ffiall fail in ballaft, or fail to be employed in fifhing on the coaft, in the manner , before-mentioned, or being required to be manned and navi gated with a mafter, and a certain proportion of Britifh mari ners, as before directed, fhall not be manned and navigated ar> cording to the proyifions of this act, the veffel, with her guns and furniture, and all the goods on board, fhall be forfeited. And all goods and veffels fo forfeited may be feized by the commander of any ffiip of war, 'or any commiffioned, warrant, or petty officer, fpecially appointed by him, or any officer of the cuftoms : the forfeiture to be recovered and applied in the fame manner as any forfeiture incurred by any law reflecting the revenue of the cuftoms. Provifiort is, however, made for cafes where foreign failors are in greater proportion than is al lowed, owing to death, defertion, and other caufes. Contracts. A trading fhip is employed by virtue of two diftinct fpecies of contract. Firft, theycontradt by which an entire fhip, or, at leaft, the principal part, is let for a deter minate voyage to one or more places : this is ufually done by a written inftrument, figned and fealed, and called a Charter- party. Secondly, the contract by which the mafter or owners , of a fhip deftined on a particular voyage, 'engage feparately with a number of perfons unconnected with each other, to convey their refpective goods to the place of the fhip's deftina- tion. A fhip employed in this'manner is ufually called a. general fhip. The owner.s.rarely navigate a trading fhip by themfelves ; the conduct and management of it are almoft always intrufted to the mafter, whether he has, or has not, a partial property in it. In the latter cafe, he is the confidential fervant, or agent, pf the owners at large ; in the former, of his co-partners. In either cafe, by the law of England, and, in conformity to the rules and maxims of that law in analogous cafes, the owners are 186 TRADE. are bound to ttifi performance of every lawful contract made by him relative to the ufual employment of the fhip. They sire bound to this performance, by reafon of their employment of the fhip, and of the profit derived by them from that employ ment. One part-owner, whp diffents from a particular voyage in the manner before-mentioned, is not bound, becaufe he does not employ the fhip on that voyage, nor derive any profit from it. The courfe of the ufual employment of the fhip is evidence of authority given by the owners to the mafter, to make for them and on their behalf a contract relating to fuch employment ; and, confequently, a contract fo made by him is efteemed in law to have been made by them. It is true, that the mafter alfo is anfwerable for his own contract ; for, in favour of corn- pierce, the law will not compel the merchant to feek after the owneTS and fue them, although it gives him the power to dp fo j but leaves him a two-fold remedy againft the one or the other. The great refponfibility, which the laws of commercial nations eaft upon the owners for the acts of the mafter, in this and other cafes, has appeared to many perfons, at firft view, fo be a great hardfhip ; but, laying afide all confideration of the op» portunities of fraud and collufion, which would otherwife be afforded, it fhould always be remembered, that the mafter is elected and appointed by the owners ; and by their appoint ment of him to a place of truft and confidence, they hold him forth to the public as a perfon worthy of truft and confi dence ; and if the merchants, whom he deceives, could no* have redrefs againft thofe who appointed him ; they would often have juft reafon to complain, that they had fuftained an irreparable injury through the negligence or miftake of the owners ; as the mafter is feldom of ability to make good the lofs of any confiderable amount. Repairs and Supplies. The obligation, to which the mat ter of a fhip may fubject the owners, to pay the clwrge of re pairing their ffiip, and the price of ftores and provifions fupplied for the ufe of it, or to repay money advanced for thofe purpofes, is fometimes direct, furnifhing an action againft themfelves per. fonally; fometimes indirect, to be profecutcd by a fuit againft the fhip. lit fhould be premifed, however, thatrfhe matter is al ways personally bound by a contract of this kind made by him felf, unlefs he takes care by exprefs terms to confine the credit ,to his owners only. But fuch a contract made by the owners themfelves, or under circumftances which ffiew that credit was given to them alone, gives the creditor no right of action againft the mafter. In order, however, to conftitute a demand againft the owners, it is neceffary that the fupplies furnifhed by thp matter's order fhould be reafpnably fit and proper for the occafiori, TRADE. 187 ©ccafion, or that money advanced to him for the purehafe of them fhould at the time appear to be wanting for that purpofe. The contrary in either cafe would furnifh a ftrong prefumption of fraud and collufion on the part of the creditor. Alfo if the mafter expend money of his own for thefe purpofes, he has a right to call upon the owners to repay him. By the law of feveral foreign countries, they who repair or fit out a fhip, or lend money to be employed in thofe fervices, have an abfolute hold on the property or the veffel itfelf ; but it is not clear that by the law of England any fuch hold exifts, unlefs where the fhip is already in the poffeffion of the claimant. Hypothecation. A mafter, may in foreign parts hypothe cate the ffiip. It fhould be obferved that wherever he may pledge the ffiip, he may pledge the freight alfo. The contracts by which this is effected are ufually called contracts by bottomry, the bottom or keel of the fhip being figuratively ufed to exprefs the whole body; fometimes alfo, but inaccurately, money lent ia this manner is faid to run at refpondentia, for that word properly applies to the loan of money upon merchandize laden on board a fhip, the repayment of which is made to depend upon. the fafe arrival of the merchandize at the deftined port. In like man ner the repayment of money lent on bottomry dpes, in general, depend on the profperous concluGon of the voyage ; and as the lender fuftains the hazard of the voyage, he receives, on its happy termination, a greater price or premium for his money, than the rate of intereft allowed by law in ordinary cafes. The pre mium paid on thefe occafions depends wholly on the contract of the parties, and confequently varies according to the nature of the adventure. And as the mafter of the fhip may, under cer tain circumftances, pledge the ffiip by a bottomry contract, fo alfo may the owners or part-owners in any cafe, to the extent of their refpective interefts : and this they not unfrequently do, in order to raife money for the outfit, when prudence dictates the propriety of fuch a meafure, or the want of perfonal credit compels them to have recourfe to it. The origin of thefe con tracts is certainly very remote, and cannot now be accurately afcertained. The name of bottomry has been fometimes incor rectly applied to a contract, by the terms of which the fhip itfelf is not pledged as a fecurity, but the repayment of money with a high premium for the rifle, is made to depend upon the fuccefs of a voyage. This is rather a loan upon a particular adventure to be made by a particular fhip, than a loan upon the fliip ; and of courfe the lender has only the perfonal fecurity of the borrower for the due performance of the contract. And it feems that loans have fometimes been made in this manner, *nd probably alfo with a pledge of the fhip itfelf, to an amount exceeding i88 TRADE; exceeding the value of the borrower's intereft in tile fhip, and fuch a contract is ftill legal in this countryin all cafes, except the cafe of (hips belonging to the king's fubjects bound to or from the Eaft Indies.- With regard, howevc-V, to contracts of this fort made by the owners themfelves in this country, by the terms of which the fhip is pledged as a fecurity, it fliould be obferved that the lender has not the fame convenient and advan tageous remedy by fuit in the admiralty againft the fhip, as he has in the cafe of hypothecation for neceffaries by the mafter in a foreign port ; and if the contract relate to a Britifh fhip, and purport to be, either a prefent- affignment of the fhip, liable to be defeated on repayment of the money due at the end of the voyage, or afuture affignment to take effect only upon failure of fuch payment, it feems that a compliance with the provifions of the regifter acts, mentioned before with regard to the trans fer of property in fhips, ,is effential to the validity of the contract. Neither does there feem any mode, by which a perfon, who advances money at refpondentia, upon goods laden and to be laden on board a ffiip on an outward and. homeward voyage, can refort for the payment of his debt to the fpecific goods that may be brought back. A contract of hypothecation made by the mafter does not transfer the property of the ffiip, but only gives the creditor a privilege or claim upon it, to be carried into effect by legal procef-. It is obvious that a loan of money upon bot tomry, while it relieves, the owner from' many of the perils of a maritime adventure, deprives hi'm alfo of a great part of the profits of a fuccefsful voy?ge : and therefore in the place of the owner's refidence, where lltey may exercife their own judg ment upon the propriety of borrowing money in. this manner, the mafter of'the fliip is, by the maritime Jaw of all ftates, pre cluded from, doing it, fo as to bind the intereft of his owners, without their confent. Duties of the Master. The great truft repofed in the mafter by the 'owners, and the great authority which the law has vefted in him, require on his part, and for his own fake, no lefs than'for the intereft' of his employers, the utmoil fidelity and attention. For it any .injury or lofs happen to the ffiip or cargo by reafon of his*negligence or mifconduct, he is perfonally refponfible for it ; and although the merchant may eject to fue the owners, they will have a remedy againft him to make good the damages, which they may be compelled to pay. So, if he make any particular engagement or warranty without a fuffici ent authority from his owners, although the owners may be anfwerable to the perfons with whom he contracts, by reafon of the general power belonging fo his fituation and character, he, is in like m-ivv-r refponfible to the owners for the in juries TRADE: 189 juries fuftained iby them jn confeque'nce pf; his acting be* yond, or in- violation of^ the particular authority given to him. . , » It is impoffible to frame any fet,of general rules competent to inforce the performance of all the civil obligations of a perfon of this defcription, and the legiflature of this, country has very prudently declined the attempt.- With refpect however to the mariners, whofe duty is much more, finiplc, the legiflature has introduced a few very -important rules, which were at firft con fined to fhips failing from this country to ports beyond the feas; and afterwards extended to : the-- Britifh colonics in America. Similar provifions have been fince made with refpect to veffels of the burden of one hundred tons and upward, employed in the coafting-trade, and going to open fea, Mariners. By thefe rules, the. contract for fervice muft be made by the mafter, by a written agreement figne'd by him and the mariners. If, after entering in'to fuch agreement, a mariner deferts, or refufe? to proceed on the voyage, he forfeits to the owners all the wages then due to him, and a juftice of the peace. may, on complaint of the mafter, owner, or perfon having charge of the fhip, iffae a warrant to apprehend him, and in cafe he refufes to proceed on the voyage, anc\ does not affign a fufficient reafon for his refufal, may commit him to hard labour in the houfe of correction, for not more than thirty, nor lefs than fourteen days. If he abfents himfelf from the ffiip without the leave of his mafter, or other chief officer having the charge of the ffiip, he forfeits two days pay for every fuch day's abfenre, to the ufe of Greenwich hofpital. And in the cafe of foreign vovages, if, upon the (hip's arrival at heir port of delivery here, he leaves it without a written 'difcharge from the mafter, or other perfon having the charge of the fhip ; or if in the coafting trade, he quits the ffiip before the voyage is completed and the cargo delivered, or before the expiration of the term for which he engaged, or before he has fuch a difcharge in -writing, he for feits one month's pay to the fame ufe. But thefe provifions do not extend to debar any feaman from entering to ferve his Majefty on board any of his fhips. By the common law, the mafter has an authority over all the mariners on board the "(hip, and it is their duty to obey his com mands in all lawful matters relating to the navigation of the veffel, and the prefervation of good order : and fuch obedience they exprefsly promife to yield to him by the agreement ufually made for their fervice. In cafe of ,difobedience or diforderly conduct, he-may lawfully correct them in a reafonable manner; his authority in this refpect being analogous to that of a parent over his child, or of a mafter over his apprentice or fcholar. Sueh tga *£RADE. Such att authority is abfolutely neceffary to the fafety of mi fliip, and the lives of the perfons on board ; but it behoves the mafter to be very careful in the exercife of it, and not make his parental power a pretext for cruelty and opprcffion. The mafter fhould, except in cafes requiring his immediate interpo* fition, take the advice of the perfons below him in authority, as well to prevent the operation of paflion in his own breaft, as W fecure witneffes to the propriety of his conduct; for the mafter, on his return to this country, may be called upon by adtion at law, to anfwer a mariner, who has been beaten or imprifoned by him, or his order, in the courfe of a voyage ; and for the juftification of his conduct, he fliould be able to ffiow, not only that there was a fufficient caufe for chaftifement, but alfo ..that the chaftifement itfelf was reasonable and mode rate, otherwife the mariner may recover damages proportionate to the injury received. And if the mafter ftrike a mariner without caufe, or ufe a deadly weapon as an inftrument of correction where moderate correction may be inflicted, and death enfue, he will be guilty either of man (laughter or mur der, according to the rules and diftinctions of the criminal law of England in analogous cafes, which are all applicable to perfons in this fituation ; and by the late extenfion of the jurifdiction of the commiffioners appointed for the trial of crimes committed at fea, all offences there may now be tried before them, and punifhed as if committed on ffiore : in the cafe of actual and open mutiny by the crew or any part of them, the refiftance of the mafter becomes an act of felf-defence, and is to be con fidered, in all its confequences, in that point of view. But although the mafter may by force reftrain the commiffion of great crimes, he has no judicial authority td punifh the cri minal, but ought to fecure his perfon, and caufe him to be brought before a proper tribunal of his country. By a late fta tute, 39 Geo. III. c. 80. all juftiees of the peace are empowered to receive information touching any murder, piracy, felony, or robbery upon the fea, and to commit the offenders for trial. In general alfo, the matter may, for mifbehaviour, difcharge a mariner from his fervice in the fhip ; but in the African Have trade, the mafter of a Britifh fhip is forbidden to do this, on any pretence whatever, unlefs he turns him over to one of his Majefty's fhips of war, or to affift arfhip in actual diftrefs. And in this trade, if any officer, mariner, or feaman, fhall behave in a riotous, feditious, or mutinous manner, the mafter may put bim into confinement, but muft within twenty-four hours report to the commander of any of his Majefty's fhips prefent, or within a convenient diftance, who is authorized to inquire TRADE. t$l inquire and examine upon oath, into the catafe of complaint^ and grant fuch remedy as the cafe may require : if no fuch (hip is prefent, the caufe of complaint may , be examined by the mafter and two officers, in the prefence of the fhip's company ; and if it fhall be judged neceffary for the fafety of the ffiip and cargo, to continue the offender in confinement, fuch determina tion fhall be drawn up in writing, and the reafons of the refo- lutions ftated at large, and figned by the mafter and two officers, which they are to report without delay to the commander of the firft of his Majefty's fhips they may fail in with, and, in default thereof, to the governor or chief officer of any Britifli fort in Africa, or the governor of any of the Weft India Iflands, on arrival at any port or road therein, that proper meafures may be taken to bring the offender to juftice. Barratry. The term barratry, which is often ufed as well by foreign writers as thofe of our own nation, is generally un- derftood in this, and in moft other countries, to denote a frau dulent act of the mafter or mariners, committed to the preju dice of the owners of the fhip. In France it is often ufed in a more enlarged fenfe, and comprehends acts of mere ignorance or unflcilfulnefs, not accompanied with a fraudulent defigrt. This word, taken even in the moft limited fenfe, in which it is ufed in this country, does not denominate any fpecies of crime punifhable- by law ; but feveral offences committed by the maf ter and mariners, in -violation pf their truft and duty, and which fall within the definition of barratry, are punifhable by different ftatutes. Other Offences. The offence of wilfully deftroying the fhip is punifhable with death ; thofe of running away with the fhip or cargo, and of making a revolt, in the fame man ner. As to the offence of not refitting pirates and enemies, it appears formerly to have been a practice with the Turkifh pirates tp reftore a ffeip, and the goods of the mafter and ma riners, and fometimes even to pay the whole, or a part, of the freight, if the ftrp yielded to them, and they were fuffered to tv^, out the cargo without refiftance. To preveHt this practice, a ftatute was paffed in the reign of Charles II. by which the rm.fter of any veffel of a burden not lefs than two hundred ton?, and furnifhed with fixteen guns, is forbidden to yield his ca-go to pirates of any force, without refiftance, on pain of being incapable to take charge of any Englifh veflel afterwards. And if the fhip is releafed, and any thing given by the pirates to the mafter, fuch gift and his fhare of the fhip are to' go to the owners of the goods. Aixl any fhip of lefs burden or force than before mentioned is forbidden to / yield to !9« TRADE. toaTurkifh pirate, nothaving double her number of guns, with- - Outfighting. The ftatute alfo inflicts imprifonment and other piiniffiments on thofe. who refufe to fight, and makes the offence of -voluntarily yielding to pirates a capital crime. Due means are alfo taken by the ftatutes for rewarding thofe who have been wounded, and providing for the, relatives of thofe who have been killed in fuch actions ; and, as already has been mentioned, fea- men wounded .on thefe occafions have a right in common with thofe in the royal navy, to the relief afforded by Greenwich hof pital. And, as a preference is given according to the duration of fervice, the mafter of each fhip is obliged to keep a mutter roll of the perfons employed on board, and, before its departure, de liver a duplicate to the collector at the port ; and during the voy age enter the time and place of difcharge, quitting, and defer - rion, and of receiving other perfons on board, and of any hurt, damage, death, or drowning, of which he muft alfo deliver a duplicate at his return under the penalty of 20I.: to the truth •whereof he may be examined upon oath by the collector. And in cafe any perfon employed on board any fhip fhall, in doing his .duty on fliore or on board, break an arm or leg, or be otherwife hurt or maimed, he is to be properly relieved until fufficient- ly recovered to be fent to the place to which the ffiip belongs. By the ancient marine ordinances, if a mariner falls fick du ring a voyage, or is hurt in the performance of his duty, he is to be cured-at the expenfe of the fhip, but not if he receives an inju ry in the purfuit of his own private concerns. If by fhipwreck, capture, or other unavoidable accident, any feafaring men or boys, fubjects of Great Britain, are eaft away in foreign parts, the go vernors, minifters, and confuls. appointed by his Majefty, or, .where none fuch are refident, two or more Britifh merchants there refiding, are required to provide for and fubfift them, at ,the rate of fixpence per day, for which they are to fend bills ,with proper vouchers to the commiffioners of the navy, and to .put them on board the firft fhip belonging to. his Majefty that ar rives there, or within a convenient diftance ; and in cafe no fuch fhip fhall be found, to fend them on board fuch merchant fhips bound for Great Britain as fliall be in wajit of men : and, if neither cafe happens within a convenient time, to provide them a paffage homeward in the firft merchant fhip bound for Great Britain, of which the mafter is bound to receive not ex ceeding four perfons for every one hundred tons of his fliip's burden; and he is to be paid fixpence per dayby the commiffioners of the navy for fuch of them as he did not want toward- his own complement of men. If a mafter of a merchant fhip, being abroad, ffiall force any man on fhore, or wilfully leave him behind in any of his Majefty's plantations, or elfewhere, or 8 refufe TRADE. 193 refufe to bring home' again all fuch of the men he carried , out with him as are in a Condition to return, when he fhall be ready to proceed on his home'ward-bound voyage, every fuch mafterj on conviction, fliall fuffer three months impi.fonment. Charter-party. The contract by charter-party is one by which an entire fhip, or fome principal pan, is let to a mer chant for the conveyance of goods on a determined voyage. The term charter-party is generally underftood to be a corrup tion of the Latin words charta partita : the twp parts of this and other inftruments being ufually written, in former times, On one piece of parchment, which was afterwards divided by a ftraight line cut through fome word or figure, fo'that one part fliould fit and tally with the other, as evidence of their original agreement and correfpondence, and to prevent the fraudulent fubftitution of a fictitious inftrument for the real deed of the parties. With the fame defign indentation was afterwards in troduced ; and deeds of more than one part thereby acquired among Englifh lawyers the name of indentures. This practice of divifion has however long been difufed, and that of in dentation is become a mere form. The execution and effect of thefe deeds of ,. charter-party are the fubjedt of many legal diftinctions too nice' to be here fpecified. Demurrage. Demurrage is an allowance made to the mafter of a ffiip by the merchants, for flaying in a port longer- than the time- firft appointed for his departure. The word' -"days " ufed alone in a claufe of demurrage 'for unlad ing in the river Thames, is faid to be underftood of working days only, and not to comprehend Sundays or ho lidays, by the ufage among merchants in London ; but it is much better to mention .working or running days exprefsly, according to the, intention of the parties. The payment of demurrage, ftipulated to be made while a ffiip is waiting for convoy, ceafes as foon as the convoy is ready to depart ; and fuch payment, ftipulated to be made while a ffiip is waiting to receive a ' cargo, ceafes, when the fhip is fully laden, and the neceffary clearances are obtained, although the fhip may in either Cafe happen to be further detained by 'adverfe winds, or tempeftuous weather. And if the fhip has once fet fail and departed, but is; afterwards driven into port, the claim of demurrage is not thereby revived. Conveyance of Merchandize. The contract for the conveyance of merchandize in a general fhip, is that by which the matters and owners of a ffiip, deftined on a par ticular voyage, engage ' fepara'tely with various merchants uVi- connetSfeed with each other-j to convey th'eir refpective- goods to the place of the fhip's deftination. When a fhip is in- Vol. HI. O tended s»4 TRADE; tended to be thtls employed, it is ufual iri London*, and other places, to give notice of the intention by printed pa pers arid Cardsj mentioning the name and deftination of the fhip; her. burthen, and fometimes her force; arid fometimes expreffing alfo that the ffiip is to fail vvith convoy, or with the firft convoy for the voyage, or other matters relating thereto. Such expreffiori is an affurance of warranty to the merchant, who lades -goods in purfuance of the ad-1 vertifement, and becomes a part of the" contract with himy although it be not afterwards contained in the bill of lading. When goods are fent on board the fhip, the mafter, or perfon ort board acting for him, Ufually gives a receipt for them, and the mafter afterwards figns and delivers to the merchant fometimes two, and fometimes three, parts of a bill of lading, of which the merchant commonly fends one or two to his agent, factor, or other perfon, to' whom the goods are to be delivered at the place of deftination -, that is, one on board the fhip with the goods, another by the poft or other conveyance, and on'e he retains for his own fecurity. The mafter fhould take eare to have an other part for his own ufe. General Duties of the Master, and Owners. In whatever way the contract for the conveyance of merchan dize is made, the mafter and owners are bound to the per formance of various duties of a general nature. The firft duty is to provide a veffel, tight and ftaunch, and' furnifh ed with all tackle and apparel neceffary for the intended voyage. For if the merchant fuffer lofs or damage by rea fon of any infufliciency in thefe particular* at the outfet of the voyage, he will be iiititled to a recompence. She muft alfo be adequately manned, and where a pilot is required, one muft be taken on board. The manner of receiving goods on board, and the com mencement of the mafter's duty in this refpect, depend on the cudom of the particular place. More or lefs is to be done by wharfingers or lightermen, according to the ufage. If the mafter receive , goods at the quay or beach, or fend bis boat for them, his1 refponfibility commences with the receipt. He muft provide a fufficient number of perfons to protect them ; for, even if the crew are overpowered by fuperior force, and the goods ftolen, while the fhip is in a port or river within the body of.ajCOunty, the mafter and owners will be anfwer,able for the lpfs,nalthpugh they have been guilty of neither fraud nor faujt; the law in this in- ftsmce holding them refponfible f$pm , reafons pf public .i ..: policy, TRADE. itf policy, and to prevent the combinations, that might other. Wife be made with thieves and robbers. It is, in all cafes, the duty of the mafter to provide ropes and tackle proper for the actual reception of the goods into the fhip ; alid vt a cafk be accidentally (laved in letting it down into the hold of the fhip, the mafter muft anfwer for the lofs. The fhip muft alfo be furnifhed with proper dunnage (pieces of wood placed againft the fides and bottom of the hold) to preferve the cargo from the effects of leakage, according to its nature and quality ; and care muft be taken by the mafter (unlefs by ufage or agreement this bufinefs is to be performed by perfons hired by the merchant), fo to flow and arrange the different articles of which the cargo confifts, that they may not be injured by each other, or by the motion or leakage or the fhip. No more muft be taken on board, than the ffiip can conveniently carry, leaving room for her own furniture, provifions, and for working ; nor any contraband goods ; nor falfe or colourable papers, that may fubjedt the fhip to capture Or detention. The mafter muft procure and keep on board all the papers and documents required for the manifeftation and protection of the fhip and cargo ; and where, by the terms; of a charter-party, a number of days are appointed fpr the lad ing of the cargo, the mafter muft not fail before the expiration Of the time. « All things being thus prepared for the commencement of the voyage; the mafter muft forthwith obtain the neceffary clearances, pay the port and other charges, and commence his Voyage without delay, as foon as the weather is favourable; but on no account during tempeftuous weather. If there has been an undertaking or warranty to fail with convoy, the veffel muft repair to the place of rendezvous, and the mafter muft put himfelf under the protection of the fhips of war ap-^ pointed by government. A warranty that the veffel fhall fail with convoy is very common in a policy of infurance, and in that cafe, if it be not complied with, the infurance be-, comes abfolutely void, and the infurers are not ahfwerable for a lofs happening by temped, or other accident wholly inde pendent of the fubjecft of the warranty, for which they would otherwife be liable. The convoy muft be a fhip or fhips of war, exprefsly appointed by government, or by the commander in chief on a particular ftation. The protection of a fhip of war accidentally bound on the fame voyage, although dif- charging the office of a convoy, is not a cpnvoy within the. meaning of this warranty. Having commenced his voyage, the mafter muft proceed to the place of deftination without delay, and without flopping at O 2 any I9« TRADE. any other intermediate portj or deviating from the ftralght. and ffiorteft courfe, unlefs fuch flopping or deviation be ne- eeflkry to repair the' ffiip from the effects of accident or tempeft, or to avoid enemies or pirates, by whom he has good reafon to fufpedt that he ffiall be attacked if he proceeds in the ordinary track, and whom he has good reafon to hope that he may efeape by delay or deviation ; or, unlefs the fhip fails to the places reforted to in long voyages for a fupply of water or provifions, by common and eftablifhed ufage. When the ffiip has arrived at the place of her deftination, the mafter muft take care that fhe is fafely moored or anchored, and, without delay, deliver the cargo to the merchant or his confignees, upon production pf the bills of lading, and pay ment of the freight, and other charges l and if, by the terms of the charter-party, a particular number of days is ftipulated for the delivery, either generally, or by-way of demurrage, he muft wait the appointed time. Thefe charges are, in ordinary cafes, p/image, and the ufual petty average, as expreffed in the bill of lading. The cargo is bound to the ffiip, as well as the fhip to the cargo ; and, therefore (unlefs there is a ftipulation to the contrary), the niafter is not bound abfolutely to part with the poffeffion of any of his cargo, until the freight and other charges, due in refpect of fuch part, are paid. In England, the practice is to fend the goods to a wharf, and order the wharfinger not to part with them, till the freight and other charges are paid, if the mafter is doubtful of payment* And, by the law of England, if the mafter once parts with the pof feffion out of the hands of himfelf and his agents, he lofes his lien or hold upon the goods, and cannot afterwards reclaim them. The manner of delivering the goods, and confequently, the period at which the refponfibility of the mafter and owners will ceafe, depend on local cuftom, and the ufage of particular trades, thus a hoy man, who brings goods frOm an out-port into the port of London, is not difcharged by landing them at the ufual wharf, but is bound to take care and fend them out by land to the place of confignment. And, if the confignee re quire to have the goods delivered to himfelf, and direct the mafter hot to land them on a wharf at London, the mafter muft obey the requetY; for the wharfinger has no legal right to infift upon thp goods being landed at his wharf, although the veffel be moored againft it. But in the cafe of fhips coming from a foreign country, delivery at a wharf in London discharges the mafter. If the confignee fend a lighter to fetch the goods, the mafter of^the fhip is obliged, by the cuftom of the river Thames, to watch therriiri the 'lighter, ' tint.il the lighter js fully laden, and TRADE. 197 and until the regular time of its departure from the ffiip is, arrived; and he cannot difcharge himfelf from this obliga. tion, by declaring to the lighterman that he has not hands to guard fhe lighter, unlefs the confignee confent to releafe him from the performance of it- General Duties of the Merchant. The general dutie» of the merchant (thofe only excepted, which relate to the pay ment of freight and" of grofs average) are comprifed in a very narrow compafs : the hirer of any thing muft ufe it in a lawful manner, and according tp the purpofe for which it is let. The merchant muft lade no prohibited or uncuftomed goods, by which the ffiip may be fubjecfted to detention or forfeiture. . Iq general, even in the cafe of affreightment by charter»party, the command of the fhip is referved to the owners, or the maf ter appointed by them, and therefore the merchant has not the power or opportunity of detaining the ffiip beyond the ftipulated^ time, or employing it in any other than the ftipulated fervice. Where a merchant having taken a ffiip to freight, declines to lade her in purfuance of his agreement; or before the com- ,¦ mencement, or during the courfe, of the voyage withdraws his goods from the fhip ; or, having hired a fhip to go tp 3 diftant port, and engaged to furnifh a. cargo homeward, fails to do fo, whereby the ffiip is forced to return empty, the law of Eng land leaves the amount of the compenfation to be stfcertained by a jury, who form their eftimate on a confideration of all the ciroumftances of the. cafe, and of the real rojury fuftained. Primage. By the- bill of lading the mafter undertakes to deliver the goods on payment of freight with primage and average acouftomed. The word primage denotes a fmall' pay ment to the mafter for his care and trouble, which he is to re ceive to his own ufe, unlefs he has otherwife agreed with his owners. This payment appears to have been of very ancient date, and to be varioufly regulated in different voyages and trades. In the Guidon it is called " la contribution des chauffes otf pot de vin du maitre." It is fometimes called the mafter's hat money. The word qverage in this place denotes feveral pet ty charges, which ar-^ to be borne partly by the fhip and partly by the cargo, fucb as the expenfe of towing, beaconage, §cc. This and the primage are often commuted for a fpecific fum, or a certain per centage upon the freight. Freight. The contract for the conveyance of merchandize is in its nature an entire contract : and unlefs it be completely- performed, by the delivery of the goods at the place of deftina tion, the merchant will in general derive no benefit from the rime and labour expended in a partial coirveya'nce, and confer O 3 q^ently 198 * TRADE. quently be fubject to no payment whatever, although the fhip may have been hired by the month or week. The cafes in which a partial payment may be claimed, are exceptions to. the general rule, founded upon principles of equity and juftice^ as applicable to particular circumftances. On the other, hand, an interruption of. the regular courfe of the voyage, happen ing without fhe fault of the owner, does not deprive him of his freight, if the fhip afterwards proceed with the cargo to the flace of deftination, as in the cafe of capture and recapture. n fuch a cafe however there will be a deduction for falvage : and if the ffiip were hired by the .week or month, it may be doubted whether the merchant be chargeable for the period of detention. But although the delivery of the goods at the place of deftination is in general neceffary to entitle the owner to the freight, yet with refpect to living animals, which may fre quently die during the voyage without any fault or neglect of the perfons belonging to the fhip,. it is faid, that if there be no exprefs agreement whether the freight is to be paid for the lading, or for the tranfporting them, freight fhall be paid as well for the dead as the living ; if the agree ment be to pay freight for the lading them, their death cer tainly cannot deprive the owners of the freight ; but if the agreement be to pay fo^ freight for tranfporting them, then no freight is due for thofe that die on, the voyage. When the goods are fent in a general fhip, the amount of the freight is either fettled by the agreement of the parties, or by the ufage of the trade. In the cafe of the charter-party, if the ftipulated payment is a grofs fum for an entire fhip, or an entire part of a fhip, for the whole voyage ; the grofs fum will be payable, although the merchant has not fully laden the fhip; and if a certain fum is ftipulated for every ton, or other portion of the fhip's capacity, for the whole voyage, the payment muft be ac cording to the number of tons, Sec. which the ffiip is proved capable of containing, without regard to the quantity actually put on board by the merchant. On the other hand, if the merchant has ftipulated to pay a certain fum per cafk or bale of goods, the payment muft he, in the firft place, according to the number of cafks or bales fhipped and delivered ; and if he ha£ further covenanted to furnifh a complete lading, or a fpe-. cific number of cafks or bales, and failed to do fo, he muft make good the lofs which the owners have fuftained by his failure, to be fettled in cafe of difagreeme'nt, by a jury. Average. Average is the general contribution ¦ that is to be made. by all parties towards a lofs fuftained by fome .for the benefit of all. This contribution is fometimes called by the 6 name TRADE. *99 name of general average, to diftinguifh it from fpecial or perti- fular average, a veTy incorrect expreffion, ufed to denote every kind of partial lofs or damage happening either to the fhip or cargo, from any caufe whatever ; and fometimes by the name of grofs average, to- diftinguifh it from cuftomary average men tioned in the bill of lading ; which latter fpecies is fometimes called alfo petty average. The principle of this general contri bution is derived from the ancient . laws of Rhodes, and adopted by all commercial nations, though with many vari ation's in practice. The rule of the Rhodian law is this : " If *' goods are thrown overboard in order to lighten a fhip, the " lofs incurred for the fake of all, ffiall be made good by the " contribution of all." The goods muft be thrown overboard ; the mind and agency of man muft be employed : if the goods arc forced out of the ffiip by the violence of the waves, or are deftroyed in the fhip by lightning or temped, the merchant alone muft bear the lofs. They muft be thrown overboard to lighten the fhip ; if they are eaft overboarcl by the wanton; caprice of the crew or the paffengers, 'they, or the mafter and owners for them, muft make good the lofs. The goods muft be thrown overboard for the fake of all ; not becaufe the fhip |s too heavily laden to profecute an ordinary courfe through a tranquil fea, which would, be the fault of thofe who had ffiip- ped or received the goods ; but, becaufe at a moment of dif* trefs and danger, their weight, or their prjsfence, prevents the extraordinary exertions required for the general fafety. When the ffiip is in danger of perifhirtg from the violent agitation of the wind, or from the quantity of water, that may have forced a way into it, or is labouring on a rock, or a fhallow, upon which it may have been driven by a tempeft ; 'or when a pirate* or an enemy purfues, gains upon and is ready to overtake, no meafure, that may facilitate the motion and paflage of the (hip, can be really injurious to any one, who is intereded in the welfare of any part of the adventure, and every fuch meafure may be beneficial to almoft all. In fuch emergencies, there fore, when the mind of the brave is appalled, it is lawful to have recourfe to every mode of prefervation, and to eaft our> the goods in order to lighten the fhip, for the fake of all. But if the fhip and the refidue of the cargo be faved from the peril by the voluntary deftrudtion or abandonment of part of the goods, equity requires that the fafety of fome fhould not be pur chafed at the expenfe of others, and, therefore, all muft con> tribute to the lots.- And not only may the lofs of goods become the fubject of' general contribution, but alfo, in fome cafes, the expenfe in curred in relation tp them. Thus, if it be neceffary to unlade O 4 the 290 TRADE. the goodlin order to repair the damage done to a fhip by tem- "peft, fo as to enable it to profecute and complete the voyage, it feems that the expenfe of unlading, warehoufing, and re- fliipping the goods, fhould be fuftained by general contribu tion, becaufe all perfons are interefted in the execution of the meafures neceffary to the completion of the voyage. The rule mentions goods only ; but its principle extends alfo to the fhip, and its equipage and furniture. By the law of moft of the continental nations of Eurppe, the injury done by one fhip to another, or to its cargo, without fault in the perfons belonging to either ffiip, is to be equally borne by the owners of the two veffels ; but, by the law of England, in the cafe of damage happening in this manner, either to fhip or cargo, by her mif- fortune, ,and without fault in any one, the proprietors of the fhip or cargo injured muft bear their own lofs. Such a mif- fortune is confidered as a peril of the fea. Salvage, Salvage is the compenfation to be made to other perfons, by whofe affiftance a fhip or its lading may be faved from impending peril, or recovered after actual lofs. This compenfation at prefent is commonly made by a payment in money, but, in the infancy of commerce, was more frequently made by the delivery of feme portion of the fpecific articles faved or recovered. In fome codes, the value to be paid is fixed at a certain portion of the articles faved, or of their value, ac cording to their nature and' quality, or the circumftances of the cafe ; but the law of England has fixed no pofitive rule or rate of falvage, but directs only, as a general principle, that a rea, fonable compenfation ffiall be made. The legiflators of all civi lized and commercial ftates, in modern times, have laboured learnedly to reprefs, by due feverity of punifhment, the barbar ous fpirit of plundering the helplefs and diftreffed mariner, whofe fituation calls for affiftance and relief. And very falutary pro vifions have been made- on this fubjedt by the wifdom of our pwn parliaments.. A perfpn, who by his own labour preferves goods, which the owner, or thofe intruded with the care of them, have either abandoned in diftrefsat fea, or are unable- to protect and fecure, is entitled, by the common law of England, to retain the poffeffion pf the goods faved, until a proper com* ... penfation is made to hifn for his trouble. This compenfation, if the parties capnpt agree upon it, may, by the fame law, be afcertahied by a jury in an action brought by the falvor againft the proprietor pf the goods : or, the proprietor may tender to the falvor fuch fum of money as he thinks fufficient, and, upon re fufal tp deliver the goods bring an action againft the falvor ; and if the jury think the fum tendered fuffieient, he will recover his goods of riiejr value, and the cofts pf hia fuit, Jf the fal- •;- 8 yage. TRADE. sot vage is performed at fea, the Court of Admiralty has jurifdici tion over the fubject, and will fix the fum to be paid, and adjuftthe proportions, and take care of the property pending the fuit ; or, if a fale is neceffary, direct a fale to be made, and divide the proceeds between the falvors and the proprietors, ac cording to equity and reafon. A paffenger is not entitled to make any claim for the ordinary affiftance he may be enabled to afford to the veffel in diftrefs ; it being the duty, as well as the intereft, of all perfons on board, of every defcription, to contribute their aid on fuch an occafion. With refpecft to the falvage on recapture, it maybe taken as a general propofition, liable only to one exception, that the fhips or goods of the fubjects of this country taken at fea- by an enemy, and afterwards retaken at any indefinite period of time, and whether before or after fentence of condemnation, are to be reftored to their original proprietors upon payment of fal vage to the rs?6aptors.. By acts of Geo. I. and II., the rate of falvage was fixed at one-eighth in the cafe of recapture by the king's fhips ; but if by private fhips, whether acting with or without commiffion, the rate was varied according to the length of time, during which the veffel might have been in the pof feffion of the enemy; if it had not exceeded twenty-four hours, one-eighth ; between twenty-four .and forty-eight, one-fifth ; between forty-eight and ninety-fix, one-third ; aifH above ninety-fix, one half. Arid, in all cafes, if the veffel recap tured were fet forth as a veflel of war, during its poffeffion by the enemy, the rate of falvage was fixed at one -half. The va^ riatioii of the rate of falvage according to the time of the enemy's poffeffion, probably occafioned many difputes ;. and, therefore, in the datutes paffed in the prefent reign, the rate has, been uniformly fixed. In the American war, it was one- eighth, as well iri the cafe of private as of king's fhips: except in the cafe of veffels fet forth as fhips of war, when it was fixed at one-half. At the commencement of the war, in 1793, the rate was one-eighth for the Royal Navy, and one-Gxth for pri vate fhips ; and, in cafe of recapture by, the joint operation of his Majefty's fhips, and private fhips, the judge of the court might order fuch falvage as he fhould deem fit and reafonable : but fhips, fet forth by the enemy as veffels of war, fhould wholly - belong to the recaptors. By this laft ftatute, a fhip retaken before fhe has been carried into an enemy's port, may, with the confent df the recaptors, profecute her voyage, and they need not proceed to adjudication till fix months, or the return of the fhip to the port from which flie failed ; and, by their confent, the cargo may be unloaded and difpofed of, before adjudica tion ; and if the veffel does not return directly to the port of bet Stosj TRADE. her departure, or the recaptors have had no opportunity to pro? ceed to adjudication within fix rnouths, on account of the ab- fence of the veffel, the Court of Admiralty fhall, at the inftance pf the recaptors, decree reftitution to the former owners, pay,. Jng falvage, upon fuch evidence as ffiall appear reafonable, tho expenfe of fuch proceedings not to exceed the fum of fourteen pounds. Similar provifions were made at the beginning of the war in 1803 ; and the fame rafe of falvage is fixed for his Ma-? jefty's. hired armed fhips, as for the Royal Navy. ' Hiring of Seamen. Seamen employed in merchant fhips are ufually hired at a certain fum, either by the month or for the ypyage. In the fifhing trade, particularly the whale fiffiery, and in private fhips of war, the feamen ufually ferve under an engagement to receive a certain portion of the profits pf the adventure. An engagement to receive a certain part of the freight, to be earned by a merchant fhip, which feems for- -meyly to have been not unfrequent, is at prefent feldom, if ever made. ' In order to prevent the mifchiefs that frequently arofe from, the want of proper proof of the precife terms upori which feamen engaged to perform their fervice in merchant fhips, it was enacted by % Geo. IF. c. 36. that it fliall not be lawful for any mafter or commander of any veflel, bound to parts, beyond the feas, to carry any feamen, except his apprentices, tp fea from any port or place, where he or they were entered or Ihipped, without firft coming to an agreement or contract with ftjeh feamen for their- wages ; the agreement to be in writing, declaring what wages each feaman is tp have d uring the whole voyage, or for fo long time as he fhall ffiip himfelf for-, and alfo to exprefs the voyage which the feaman was fhipped to per form, under a penalty of 5/. for each mariner carried to fea without fuch agreement, to be forfeited by the mafter to the «fe of Greenwich hofpital. This agreement is to be figned by each mariner within three days after he fliall have entered himfelf on board the ffiip; and is, when figned, conclufive and binding upon all parties. A fubfequent ftatute has extended thefe provifions to all his Majefty's colonies in America; and by another, a fimilar agreement in writing is required to be figned by the mafter and mariners of veffels of the burthen of one hundred tons or upwards, employed in the coafting trade from one port to another in Great Britain and going to open, fea. . With regard to fhips trading to the Weft Indies, it was enacted by the 37 Geo. Ill.'c. 73. that every feaman .deferring during the voyage either out or home, (hall, over and above all previous pu- nifhrhents and penalties, forfeit all the wages agreed for with the mafter of the fhip, oh board which he flia.ll enter immediately after TRAD?. ?03 i after fuch defertion. And every mafter of any Britifh merchant fhip, who ffiall hire or engage any feaman, or other perfon whty has to his knowledge defertedfrom anyotherffiip.fhallforfeit iop/, This laft claufe is held to extend to all cafes, and not to be con fined to the Weft India trade. The ftatute alfo provides agaipffc the hiring of mariners at exorbitant wages. A feaman, who has engaged to ferve on board a ffiip, is bound to exert himfelf to the utmoft in the fervice of the fhip ; and therefore a promife made by the mafter when a fhip was in diftrefs, to pay an extra fum to a mariner as an inducement to extraordinary exertipng on his part, was efteemed to be wholly void. Wages. It is obvious that a feaman, who has ferved faith fully during a voyage, is entitled to receive the ftipulated re ward, if no difafter has rendered his fervice ufelefs or unpro ductive to his employer. And as a feaman is expofed to the hazard of lofing the reward of his faithful fervice, during a, con-r fiderable period in certain cafes, fo on the other hand the Jaw gives him his whole wages, even when he has bee,n*'unable tq fender his fervice, if < his inability has proceeded from any hurt received in the performance of his duty, or from natural fickr( nefs happening to him in the courfe of the voyage. And if a mafter in violation of his contract difcharges a feaman from the fhip during a voyage, the feaman ffiall be entitled to his full wages up to the profperous termination of the voyage, de ducting, if the cafe require it, fuch fum as he may in the mean rime have earned in another veffel. As to the time of payment, by the articles of agreement an nexed to the ftatute made for preventing the defertion pf feamen, from fhips trading to the Weft Indies, and which are in common, ufe for other voyages alfo, it is ftipulated, that the feamen fhall not demand or- be entitled to any part of their wages unrils. the arrival of the fhip at the intended port of difcharge, and delivery of her cargo, nor in lefs than twenty days if they arc not employed in fuch delivery. '. Policy requires that the wage* pf feamen fhould not be paid to them in foreign countries, as well to prevent defertion, as to preferve for the benefit of theijri families the money that might otherwife be fpent in idlenefs and debauchery. The time of payment of wages is alfo regulated and enforced by ftatutes. Thus, as to fhips engaged in foreign voyages, it is enacted, that upon the arrival of any fuch ffiip in Great Britain, the mafter fhall be obliged to pay the feamen their wages, in thirty days after the ffiip's entry at the cuftom houfe (except in a cafe of a covenant to the contrary) or at the time the feamen ffiall be difcharged, which fhall firft happen, deducting the S04 TRADE. the penalties and forfeitures impofed by the act, under penalty of twenty drillings over and above the wages due to each per fon. And in fhips employed in the coafting trade, the mafter is to pay the feamen their wages, within five days after entry at the cuftom houfe, or delivery of the cargo, or at the time the feamen ffiall be difcharged, which ffiall firft happen, unlefs an agreement fhall have been made to the contrary, deducting, in every cafe, the penalties impofed by this act, under the like forfeiture of twenty drillings. When a fhip employed in the flave trade arrives at her difcharging port in Great Britain, the officers and feamen are continued in full pay and provifions, until fhe is cleared inwards, or their accounts are fettled and paid, Loss and Forfeiture of Wages. The wages of feamen, whether hired by the month or for the voyage, are fometimes loft without any fault on their part ; and fometimes forfeited by their mifcondudt. In order to ftimulate the zeal and attention of this clafs of perfons, who are often engaged in very perilous fervices, the policy of all maritime ftates has made the payment of their wages to depend upon the fuccefsful termination of the voyage, If by any difafter, foch as lofs or capture, the owners lofe their freight, the feamen alfo lofe their wages. (The payment of wages is divifible, and if a- fhip has delivered its cargo at one place, the wages are fo far due, although the ffiip be afterwards taken or funk ; but if a ffiip fail to one place in order to take in a cargo there, to be conveyed to another place, and having received the cargo accordingly, be taken before ita arrival at the.placeof delivery, nothing is payable to the feamen for navigating the fliip to the firft place, becaufe no freight is thereby gained, i Defertion is held to be a forfeiture of the wages previoufly earned in all maritime ftates ; and 1 1 and 1 3 William III. c. 7. confirms it as the law of England. By 2 Geo. II. c. 36. if a feaman fhall defert, or refufe to proceed on his voyage after he fhall have figned the contract, he fhall forfeit to the owners the wages due to him at the time. By the articles of agreement ufually figned in thefe cafes, it is ftipulated that the mariner fhall not go out of the ffiip on board any other veffel, or be on fhore under any pretence whatever, without leave, and that in default he fhaH be liable to the penalties of this act : but this, ftipulation is merely referable to the ftatute, and does not create a forfeiture of wages in a cafe where the ftatute has not inflifted it ; as in the cafe of leaving the ffiip after her arrival in a port of this country, although before fhe is moored. This cafe is fpecifically provided for by another fection of the fame ftatute, which enacts, that. in. cafe any feaman or mariner TRADE. aoj not entering into his Majefty's fervice, fliall leave the fhip of veffel to which he belongs, before he fliall have a difcharge in writing from the mafter or commander, or other proper perfon, he fhall forfeit one month's pay to the ufe of Green wich hofpital. The fame ftatute authorizes the mafter to de duct from the wages due to a mariner all' the penalties and for feitures incurred by the act, and to enter them in a book to bd Tcept for that purpofe to be figned by the mafter and two or more principal officers : and it has been held that the mafter cannot make this deduction unlefs the forfeiture has been re gularly entered in a book as the ftatute directs. With refpect to fliips of the burden of one hundred tons and upwards, employed in the coafting trade and going to open fea; if a feaman, having figned the requifite agreement, neglects or refufes to proceed on the intended voyage, he for feits to the owners all the wages due to him at that time; but the forfeiture for defertion afterwards, and before the voyage or voyages agreed upon, or upon which fuch fhip fliall have pro ceeded, fhall be completed, and the cargo of fuch fhip de livered, or before the feaman ffiall have a difcharge in writing from the mafter, &c. is. only of one month's wages to the ufe of Greenwich hofpital. , In all cafes, a feaman, who wilfully abfents himfelf from th» fhip without leave, forfeits to the ufe of Greenwich hofpital two day-s' pay for each day's abfence. In the coafting trade, the ftatute directs, that if a feaman is hired by the voyage, the period of which exceeds one lunar month, one month's pay fhall be accounted a fum bearing the fame proportion to the whole wages, as a lunar month bears to the whole voyage; and two days' pay fliall be computed in the fame manner. If the whole voyage does not exceed a month, the forfeiture is of the whole wages: and the like as to the forfeiture of two days' pay, if the voyage does not exceed two days. The legiflature has alfo punifhed with the forfeiture of wage* the offence of neglecting or refuting to affift the mafter in de fending the fhip againft the attack of pirate?. It feems alfo that, neglect of duty, difobedience of orders, habitual drunkennefs, or any caufe, which will juftify a mafter in difcharging a fea man during the voyage, will alfo deprive the feaman of his wages. If the cargo be embezzled or injured by the fraud or negli gence of the feamen, fo that the merchant has a right to claim a fatisfadtion from the mafter and owners, they may, by the cuftom of merchants,- deduct the value from the wages of the feamen, by whofe mifconduct the injury has taken place. And the laft provifo introduced into the ufual agreement figned by the "So* TRADE. the feahien, is calculated to enforce this rule iri the cafe of embezzlement either of the cargo, or of the fhip's ftores. Insurance. Infurance is a contract whereby one party, iri confideration of a ftipulated fum, undertakes to indemnify the Other againft Certainp erils or rifks to which he is expofed, of againft the happening of fome event. The party who takes upon himfelf the rifle is called the infurer, fometimes the un derwriter, from his fubferibing his name at the foot of the policy ; the party protected by the infurance is called the infured ; the fum paid to the infurer, as the price of the rifk, is called the premium; and the written inftrument, in which the contraft if; fet forth and reduced into form, is called a policy of infurance; The utility of this fpecies of contract in a commercial country is- obvious, and has been taken notice of by very diftinguifiied Writers upon Commercial affairs. Infurances give great fecu rity to the fortunes of private people, and by dividing amongft many that lofs, Which would ruin an individual, make it fall light and eafy Upon the whole fociety. This fecurity tends greatly to the advancement of trade and navigation, becaufe the rifk, of tranfporting and exporting being diminifhed, men are more eafily induced to engage in -an extenfive trade, to affift in important undertakings, and to join in hazardous en* terprizes ; fince a failure in the object will not be attended With thofe dreadful confequences to them and their families, which muft be the cafe in a country whefe infurances are un known; The origin of infurance is involved in obfeurity, but, wherever foreign commerce has been introduced, infurance muft have foon followed as a neceffary attendant, it being im- poffible to carry on any very extenfive trade without it, efpeci* ally in tirhe of war. Policies. The policy is a written inftrument, by which the dontract of infurance is effected and reduced into form. The term policy of infurance, or affurance, as it is fometimes called* is derived from the Italian, potizza di cifficurazione, or difcuranza, or dificurta, and in that language fignifies a note or bill of fecu rity, or indemnity. As the premium, which is the confideration of the promife made by the infurer, is paid, or fuppofed to be paid, at the time the policy is fubferibed, the contract Contains nothing in nature of a counter-promife, to be performed by the infured. In general, therefore, it contains only the contract on the part of the infurers, and is figned only by them. Policies, with reference to the reality of the intereft of the in fured, are* diftinguiflied -into intereft, and wager policies. With reference to the amount of the intereft, they -are diftinguiflied into open and valued. An "TRAftE. toy .- An intereft policy is where the infured has a real, fubftantial, aflignable intereft in the thing infured, in Which cafe only it is a contract of indemnity. A wager policy is a pretended infurance, founded on an ideal- rifk, where the infured has no intereft in the thing infured, and can" therefore fuftain no : lofs by the happening of any of the misfortunes iri fured againft. Infurances of this fort are ufu ally expreffed by the words, " intereft, or no intereft," or " -with- out further proof of intereft than the policy," or, " -without benefit* of falvage to the infurer." An open policy is where the amount of the intereft of. the in fured is not fixed by the policy ; but is left to be afcertained by the infured, in cafe aiofs fhould happen. A valued policy is where a value has beeii fet on the fhip or goods infured, and that Value inferted in the policy in nature of liquidated damages to fave the neceffity of proving' it, iri tafe of a total lofs : for, by allowing the value to be thus inferted^ in the policy, the infurer agrees that it ffiall be taken as there- ftated. This value is, or ought to be the real value of the ihip, or the prime coft of the goods, at the time of effecting the policy. The effentials in the contract of infurance are: i/?, the name of the perfon for Whom the infurance is made, his agent or truftee: 2d, the names of the ffiip and matter : 3d, whether they are fhips, goods, or merchandize, upon which the infurarice is made : 4th, the name of the. place where the goods are hide%; and whither they are bound : $th, the time when the rifk be gins, and when it ends : 6th, all the various perils and rifts- Which the infurer takes upon himfelf: 'jth, the confideration or" premium, paid for the rifk or hazard run : %th, the month, day, and year, on which the policy is executed i and yth, the damps required by act of parliament. Parties. In this country, all perfons, whether Britifh ftftM jects or aliens, may, in general, be infured. The principal, if not the only exception to this rule is, the cafe of an alien." ene my. It Was long a difputed quedion, whether in point of po* licy, .the infurance of the property of the enemies of the date* . iii :time 'of war* ought to be tolerated, and the quedion his,' more than once, been agitated in parliament. In 1741, a bill was brought into the Houfe of Commons to prohibit the in- finances on the fhips and effects belonging to the fubjects of France, then at war with Great Britain. The arguments of Sir John Bernard againft the policy-of fuch areftridtion, though ahfwcred by Sir Robert Walpole and others, by arguments much more cogent and fatiifactory, feem to have had- greater effett than they merited ; for though Sthe bill was committed,. "" it ao8 I^ADE. k was afterwards dropped* In 1748J however, a bill was again brought in, to prohibit infuring the fhips and merchandize of the fubjects of France, during the war;, and, though this was ftrenuoufly oppofed by Sir Dudley Ryder and Mr. Murray, then attorney and folicitor general, upon what they confidered to be principles of policy and expediency, yet it paffed into a law. The 33 Geo. III. c. 27. riot only declares fuch infurance* to be void, but alfo fubjects the parties concerned in them to three months imprifonment, fo that, to judge by the opinion of the legiflature, the policy of fuch a prohibition feems to be now irell eftablifhed. Underwriters. Infurance requires great prudence and circumfpedrfcn in the underwriters. They fhould be expert in analyfing rifks and calculating probabilities ; in fprefeeing the dangers of the fea, and the danger of fraud. They fliould be able to form a found judgment by combining all circum- ftances, and comparing them with the rate of premium. To form fueh a judgment, in many cafes requires great fagacity, penetration, and experience. But if men poffeffing all thefe advantages are fometimes deceived, what muft be the fituation •f thofev who, allured by the defire of gain, blindly put tlieir fignatures to every policy that is prefented to them, without confi.dering the precipice to which their temerity leads them. A wife underwriter will judge for himfelf, and not implicitly follow others who may have fubferibed before him, however remakable for fagacity and prudence. Assurance Companies. At common law, any man, or jeompany of men, might be infurers; and individuals, upon their own feparate account, have ftill the fame right; but, it was fuppofed, about the beginning of the eighteenth century, that commerce had fuffered confiderably by perfons in infolvent circumftances underwriting policies of infurance ; and having received large fums in premiums, becoming bankrupts, or other- wife failing in making go6d their loffes. To remedy this, but more, perhaps, to enable government to raife a fum of money by the fale of' a monopoly, it was thought expedient to create two companies for the purpofe of making marine infurances, with fuch funds to anfwer all demands on their policies as might give confidence to fuch mercantile" adventurers as were unwil ling to depend on individual underwriters ; ftill, however, lean ing to merchants the option of infuring with fuch underwrit- d ers when they thought proper. To this end, the flat. 6 Geo. I. C. 18. authorized the king to grant charters to two diftinct companies or corporations for the infurance of fhips, goods, and merchandizes at fea, and for lending money on bottomry. They were to be invefted with all the power* ufually granted to TRADE. 209 to corporations, and the privilege of purchafing lands to the amount of 1060/. per annum. Each was to provide a fuffi cient capital, and a competent ftock of ready money, to anfwer all demands on their policies. In pursuance of the powers given by this act, the two propofed Companies, the orie .called the Royal Exchange Afl'urance, and the other, tlwi London Afl'urance, were eftabliffied by .royal charter, bearing date the zzd day of June 1720. - But the moft important privilege granted by this act to thefe companies was the exclufive right of making marine infurances, and lending money on bottomry, as a company or co-partnef- fhip, on ajoint capital. - For this purpofe the ait (feet. 12) de clares that, during the continuance of thefe corporations re- fpedtively, all other corporations then in being, or afterwards to be eftablifhed, whether fole or aggregate, and all focieties and partnerfhips for infuring fhips and merchandizes at fea, or going to fea, and for lending money on bottomry, ffiall be reftrained from granting,Jigning, or underwriting, any policies of infurance upon any fteps, goods, or merchandizes, at fea or going to fea, and from lending money on bottomry. And that if any corpo ration, orperfons in partnerfhip,- (other than the faid two comj panics,) ffiall pj-efume to grant, fign, or underwrite any fuch policy, or make any fuch contract of infurance, every fuch policy ffiall be ipfo facto void ; and all fums, fo figned and un derwritten, ffiall be forfeited?1 one moiety to the king,' the other; to the informer, who ftall fue for the fame in any of the courts at Weftminfter. And if any fuch corporation or partnerfhip, (other than the faid two companies refpedtively,) ffiall lend, or agree to lend, any money on bottomry, the bond, or other1 fecurity for the fame, ffiall be void, and fuch agreement adjudg ed to be an ufurious contract, and the offenders ffiall fuffer ai in cafes of ufury, Neverthelefs it is declared, that any private or particular perfon or perfons ffiall be at liberty to underwrite any policies, and engage in any infurances, upon fhips, goods, or merchandizes, . at fea, or going to fea, or may lend money on bottomry ; fp as the fame be not upon account or rifk of any corporation, company, or partnerfhip. It has been decided thaf, infurances may be legally made upon a joint capital, provided each fobferiber to it be only liable to the amount of his fubferip- , tion, and not each for the whole. Things which can.be.insured. Infurances are moft corns- ~ monly made on goods and merchandize, fhips, freight, and bottomry loans*. But there are certain articles, which; from motives pf public policy, cannot be legally infured in this, country, arid others which can only be infured under particular reftfic- tions. They are, 1. Smuggled goods ; %¦ Prohibited commerce Vol. III. P with 2io TRADE. with the Britifh colonies ; 3. Warlike ftores fent to the ene my ; 4. Goods bought of the enemy ; $. The wages and effects of the captain and failors ; 6. Freight ; 7. Slaves ; and 8. Profit. The Voyage. The voyage, with reference to the legality of it, is fometimes confounded with the traffic in which, the fhip is engaged ; and is frequently faid to be illegal, only becaufe the trade is fo. But a voyage may be perfectly lawful, and yet the tranfport of certain goods on board the ffiip may be prohibited ; Or the voyage may be illegal, though the tranfport of the goods be lawful. It may be laid down as a general rule that no infurance can legally be made upon any voyage made contrary to the laws of this kingdom, or to thofe of its depen dencies, or to the law of nations ; and it is immaterial whe ther the infurer was or was not informed, that the voyage was illegal. Risks. Infurances may be made againft all the rifles or perils which are incident to fea voyages, fubje£t, however, to certain exceptions, founded in public policy, andighe interefls of humanity, which require, that in certain cafe^, men ffiall not be permitted to protect themfelves againd fome particular perils by infurance. Upon principles of natural juftice, the infurer can, in no cafe, make himfelf anfwerable for any lofs or damage proceeding directly from the fault of the infured ; becaufe no man can bind himfelf to another to be anfwerable for that perfon's own faults. The words of an Englifh policy, which fpecify the various rifles againft which infurances are ufually made, are thefe : ' Touching the adventures and perils which ' we the affurers are contented to bear, and do take upon us in ' this voyage, they are of the feas, men of war,, fire, enemies, ¦' pirates, rovers, thieves, jettifons, letters of mart and counter- ' mart, furprizals, taking at fea, arrefts, reftraints and detain- ' ments Of all kings, princes, and people, of what nation, con- ' dition or quality foever ; barratry of the mafter and mari- * ners ; and of' all other perils, loffes, and misfortunes, that * have or ffiall come to the hurt, detriment, or damage of the 4 faid goods, and merchandizes, arid ffiip, &c. or any part there- * pf, without prejudice to this infurance.' > " Exceptions by common Memorandum. By the agreement of the parties, the general words, of the policy may be altered or qualified, and any of the rifks may be wholly or in part ex cluded, and the infurance may be made only againft fome par ticular rifks, or up to, or beyond certain degrees; pr upon par ticular articles. In England, it is now 'conftantly ftipulated-, that upon ceitain enumerated articles of a, quality peculiarly periffiable, the infurer fhall not be anfwerable for any partial .lofs; TRADE. 211 lofs ; that, upon certain others, liable to partial injuries, but lefs difficult to be preferved at fea, he ffiall only be liable for partial loffes above five per cent. ; and that, as to all other goods, and alfo the fhip and freight, he fliall only be liable for partial loffes above three per cent. This ftipulation is made in form of a warranty inferred at the bottom of all Englifli policies: In the commom policies, ufed in London by private underwrit ers, the memorandum runs thus : c N. B. Corn, fifli, fait, ' .fruit, flour, and feed, are warranted free from average, unlefs * general, or the ffiip be ftranded: — Sugar, tobacco, hemp, * flax, hides, and. fkins, are warranted free from average; un- ' der five per cent. ; and. all other goods, and alfo the fhip and ' freight, are warranted free from average, under three per cent. ' unlefs general, or the drip be ftranded.' Duration of Risk. 'To charge the infurer, it is not enough that a lofs has happened at fea ; it muft appear to have happen ed in the courfe of the voyage, and during the continuance ot the rifk infured. Every voyage infured muft have a terminus h -quo and a terminus ad