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to a disease, only under the head of one of its fymptoms, without
The charge of a tendency towards empiricism, which we in ferred
Our censure of the Doctor's plan of treatment in the cure of the chincough, as confused and perplexed, is regarded by him only as a proof of our own inattention or dullness ; and he adduces the approbation of many of his medical friends by way of refutation. That a fhew of precision and regularity in the plan, as it appears upon paper, may be made out, we do not deny ; but that it must very generally be attended with confusion in the attempt to execate is, we are convinced from our own experience.
On the whole, we are not conscious of the least unfriendly or uncandid disposition towards Dr. A. for whose' work we, in fact, have testified more than usual esteem. Where we have taken the liberty to censure, we ourselves are under the cenfure of the Public; to which, in the dernier refort, both Author and Reviewer mof appeal.
A. G. Y. (Dublin) in his obliging letter of January the 20th, pays us too great a compliment.-As to his with that Dr. Kennicoti would publith his version of the Bible, in the detached manner hinted at by our Correspondent, we apprehend that no periodical mode of publication would, at preseat, appear, expedient to the learned Traedoor.
ERRATA in the Review for January.
fiitutions of our Church.
the accent over the last letter ; and, in the same tisk, fup.
ply the u wanting in mancuvre.
ERRATA in our last APPENDIX.
ART. I. The Hifory and Antiquities of the Counties of Wellmorland and
Cumberland. By Joseph Nicolson, Esq; and Richard Burn, LL.D. 4to. 2 Vols. 21. 2 s. Boards. Cadell. 1777. T is always with pleasure that we observe the cultivation of
provincial history; which is productive of many advantages. The circumftantial evidences it naturally affords, are so many illustrations of national history. The descent of families, and of property, not only becomes better and more generally known, but obtains a permanency which must otherwile have been lost. The manners, and even the language, of different ages, in distinct provinces, are discovered in ancient writings and records. We see the various effects of climate, commerce, fia tuation, and tenure, the influence that learning has on the progress of civility, and the contrary consequences of the want of it. Few persons are to be found in Westmorland, who cannot both read and write. Hence the people, in general, are civilised, and of an humane and hospitable disposition. This is owing to the number of free schools established by various benefactions from families of the nobility and gentry, and many from those of the yeomanry, who had property in these counties. Few villages are to be found in those parts, that have not some institution of this kind, and the children of the ordinary husbandmen are often acquainted with Æsop and Corderius before they go to the plough. Very different is the effect, where these establishments are unknown. Even in Oxfordshire, the metropolitical county of science, are some parishes, where not three of the inhabitants are able to write their names : hence the manners of the people are not more respectable than their knowledge.
Prefixed to this History is an introductory account of the ancient state of the borders; and, indeed, the two counties which are the subject of it were so connected with the border-laws VOL. LVIII,
and services that such an account seemed necessary. It is much more accurate and explicit than the Border-History, noticed in our Review, vol. lv. p. 417
Among the border-laws is the following remarkable lenient one against perjury :
• And confidering how that perjury used upon the Borders moft commonly is the root and ground of the hindrance and perverting of all justice, and the occasion and cause of great disorders; it is agreed and ordered, that if any of the subjects of either realm acquit himself by his oath taken in form of law before the wardens or their deputies, and after be tried and found foul and guilty of the fame bill whereof he so acquitted himself by his oath, and thereupon thall appear plainly perjured to both the said wardens : then, over and above the just reward and recompence of the party grieved, the said perjured person fhall be attached and taken by the warden of the Marche where be inhabiteth, and delivered to the warden of the opposite realm, to be punished as a grievous offender by ftrait imprisonment during the space of three months; and at the next day of trewes, and after the said three months ended, the said offender fall be brought before the wardens or their deputies, and there openly be denounced and proclaimed a perjured man; after which time, he shall not be reputed to be a man able to give further faith or testimony in any case or matter.'
When it is considered that both life and property lie frequently at the mercy of an oath, it will be thought, perhaps, that neither three months imprisonment, nor even the present mode of punishment assigned to perjury are sufficiently penal.
The following anecdote is remarkable, and the more curious, as we find but fight mention of it in history:
• In the reign of Henry the Eighth, Sir Thomas Wharton (afterwards Lord Wharton) became eminent and in high trust with the king as a most active and vigilant warden of the Marches. He first signalized himself when deputy warden of the West Marches under the Lord Scroop, in the memorable rencounter at Sollom (Query Solway ?] Moss, of which there is scarce a parallel in history. Being then governor of Carlifle, he (together with Sir William Musgrave) with 300 hosseinen [according to the common account, but from the fragments of a letter hereafier following they seem to have been 1400 horse and foot) attacked an army of 15,000 Scots, and with very little resistance took prisoners almost every person of distinction in the Scotch army, with Eoo common soldiers, and all their baggage and artillery. The reason was, the Scots being disgufied that Oliver Sinclair the king's favourite and an upstart was made com• mander in chief, would not fight under him. Hiftorians say, tbat the Scots filed, because they supposed Wharton's men to be the vaa of the duke of Norfolk's army coming against them. But molt probably, Wharton had some private intimation from the Scors of what they intended; otherwise his enterprise would not have been courage but madness. It broke the Scorch king's heart, and he died within a month, leaving his infant daughter Mary.'
There is a remarkable fimilarity, not in the event but in the circumstances of this and the late affair of General Burgoyne's in America. We have been informed that the Provincial General had the greatest difficulty to keep his men together, and that if Mr. Burgoyne had carried his menace, of giving no quarter, only to the threshold of execution, few of the enemy would have ftood,
Nothing can give us a more interesting idea of the happiness consequent on the union of the two crowns than the miseries of the times preceding it:
- In the next year, in a forray made by the earl of Hertford, between 8th and 23d of September 1545, the sum total of mischief is thos fet down : • Monafteries and friar houses, burnt or destroyed
7 • Caftles, towers, and piles
16 • Market towns
5 • Villages • Milns • Hospitals
3 The messengers between the English government and the lords wardens of the Marches, muft, if one may conjecture from the usual superscription on their dispatches, have had no very comfortable appointments : « The Lord Protector, to the Lord Dacre.'
• To our very good Lord, the Lord Dacre, Warden of the
« West Marches, for anempit Scotland, in haste, hafte,
• poft haste, for thy Life, for thy Life, for thy Life.' The following observations, which conclude the account of the ftate of the Borders, are worthy of attention :
• From this period, hoftilities in the Borders have by degrees subfided; and as the then generation, which had been brought up in rapine and misrule, died away, their pofterity on both fides bave become humanized; the arts of peace and civil policy have been cultivated ; and every man lives safe in his own poifeilions ; felonies and other criminal offences are as seldom committed in these parts, as in moit other places of the united kingdom ; and their country, from having been the outskirt and litigated boundary of both kingdoms, is now become the center of his majesty's British dominions*.
• Nevertheless, the old wounds have left some scars behind. Much common and waste ground remains, which will require a length of time to cultivate and improve. The churches near the Borders are many of them in a ruinous condition, and very meanly endowed.
• There is now remaining only one species of theft peculiar to the borders : and that is, where a man and woman fleal each other. They haften to the Borders. The kindred of one side or the other sometimes rise, and follow the fray. But the parties fugitive most commonly outstrip them ; pass over into the opposite Marche, without any hoftile attempti get lovingly married together, and return home in peace,
In many of the parishes there is not so much as an house for the incumbent to live in, and in some parishes no church. And some defects there are in the civil state, which nothing but the legislature can supply. Whilst the laws of marche subfilted, criminal offences were speedily redressed by the power of the lords wardens or their deputies; and after the abolition of the laws of marche, the said offences were redressed by special commissioners appointed for the Borders : And matters of property of any considerable consequence were molt commonly determined in the court at York for the Northern parts. The judges in their circuit came only once in the year, and sometimes much seldomer. They still come only once in the year into the bordering counties; which causes determinations of civil rights to be dilatory, and confines criminals (or perhaps innocent persons) in prison sometimes near a twelvemonth before they can come to their trial.'
In the history of Westmorland, we meet with the following very pertinent and just observations on population and the landtax :
• It is a vulgar mistake, that this county paid no subsidies during the existence of the border service, as supposing it to be exempted from such payment merely upon that account. For we find all along such and such persons collectors of the subsidies in this county, granted both by clergy and laity. The LAND-TAX succeeded into the place of subsidies ; being nor fo properly a new tax, as an old tax by a new name. From the reign of Edward the Third downward, certain sums and proportions were fixed upon the several townhips within the respective counties, according whereuato the taxation hath constantly been made t. In process of time this valuation may be fupposed to have become unequal, especially since by the increase of trade and manufacture in some large towns much wealth is accumu. lated within a small compafs, the tax upon such division continuing
to In Cumberland, the manner of laying public taxes and assesments is somewhat peculiar, by a rate called the Purvey; which originally was a composition in money for the king's purveyance, or providing for his hou hold, when he went on a progress into different parts of the kingdom. In some places it was paid in cattle, or other provisions in kind: Hence in Lancashire they have a manner of laying affefiments ftill called ox-lay. Against king James's retura out of Scotland through the county of Cumberland in September 1617, the justices of the peace were ordered to compound for the king's purveyance at the rate of 108 I. or thereabouts; which sum being laid through the whole county, became afterwards a rule for laying most of the other affessments, calling it one purvey when 1081. was raised, two purveys when 216 1. was raised, and so on. In the year 166j, for the morc ease and convenience, the at the precise sum of 1001.; so that where the sum of 1001. is wanted, it is called one purvey; where 2001. two purveys; and so on ; and the same was proportioned amongst the several wards, as it fill continues. Thirty-seven purreys and an half nearly make up one land tax, when the land tax is at 4 s, in the pound. Flemi'
purvey was fixed