prefent profperity of Scotland may be dated. Had there been NO UNION, that law would not have been enacted, and Scotland, in the eighteenth century, might not have been a great deal farther advanced in juft government and profperity than fhe was in the times which Mr. Pinkerton defcribes.

The minority of James II. tended to increase the power of the Nobility, which it had been fo much the object of his father to reduce. The principal minifters of the minor King were Livington and Crichton; the former having the care of the King's perfon, the latter who was Chancellor of Public Affairs. The moft powerful Baron of the times was Earl Douglas, who, defpifing the authority of an infant Prince, afpired at independence. The power and character of the ferocious chieftain, with the demeanour and conduct which his many advantages produced in an inexperienced youth, are concifely, yet forcibly, defcribed by the author:

"The power of the houfe of Douglas had arifen to a formidable height, and, during this reign, to contend with the royal authority. Galloway, Annandale, and other extenfive territories in Scotland, the duchy of Touraine and lordship of Longueville in France, rendered, to the chief of that family, revenues, perhaps, equivalent to thofe of the Scottish Monarch. The young Earl, now in his fixteenth year, poffeffed the impetuous fpirit and haughtiness natural to his age and fortune. His highest title, that of Duke of Touraine, which a weak regency had permitted the house to affume, and which impolicy had not applied the French King to difcontinue, emboldened Douglas to regard himself as a foreign Prince, independent of the laws of his country. The prudence of age might have induced a concealment of pomp and power from the fear of envy and danger; but, in the arrogance of youth, William, Earl of Douglas, difplayed a conftant train of one thousand horfe, and a dazzling magnificence in his household; nay, he would even create Knights, and hold courts in imitation of Parliaments."

The Chancellor, irritated at the infults offered to Government by the power of Douglas, which his administration was too feeble to curb, decoyed him and his brother to the caftle of Edinburgh, and treacheroufly murdered them both. This act rendered the Chancellor univerfally odious. The next heir of the houfe of Douglas being a peaceable and indolent man, did not attempt to avenge the injury; but he dying two years after, was fucceeded by his fon, who had all the pride, courage, and ferocity, of the house of Douglas, with more experience than the youth who had been flain. Douglas ftrengthened the intereft of his family by the marriage of himfelf and three brothers into potent houfes. Thus increafing his power, he endeavoured to fecure it by courting the

favour of the young King, who was impatient under the con troul of his Minitters. This influence procured an Act of Parliament declaring Crichton a rebel. Crichton, poffeffing the caftle of Edinburgh, was enabled to make fuch terms with the Douglas intereft, which, now feconded by the King, governed Scotland, that he faved his eftate and honours. War breaking out with England, then weakened by a long conteft with France, (a weaknefs which the feeble character and divided counfels of Henry VI. were fo ill calculated to remedy,) the Scotch, under Earl Douglas, were victorious. The victories, however, tended much more to display the hereditary prowefs of that gallant houfe, than to obtain any effectual advantage to his country. They alfo increased his arrogance and averfion to yield obedience to his Sovereign, and the laws of his country. James, now arrived at man's eftate, ceafed his attachment to Douglas, which had been rather a fit of boyish fondness, than the attachment of a man, and a King, to one whom he knew deferving to be trufted. His chief confidence he again repofed in the experience of Crichton, and his counfels were farther affifted by the benign and patriotic prudence of Bishop Kennedy.* The reduction of the power of Douglas within bounds compatible with the fovereignty of the King and the laws, was a most important object of James and his counsellors. The commencement of the King's active authority was fignalized by a memorable Parliament, in which many regulations were iffued that were particularly falutary in their tendency to reftrain the power of Douglas, and in repairing the evils which its abufe had created, but generally beneficial in preparing for the depreffion of the feudal aristocracy, and the equal administration of laws, exalting, at once, the prerogatives of the Crown, and enlarging the freedom and happinefs of the people; to both of which the ufurpations of Chieftains were equally inimical. This period is, indeed, an epoch in the legal and conftitutional hiftory of Scotland, confidered, by Dr. Robertson, as more advantageous to the prerogative, and more fubverfive of the privileges of the ariftocracy, than any period during the reign of either a former or fubfequent Monarch of Scotland. Dr. Robertfon's opinion is juftified by Mr. Pinkerton's enumeration of the regulations made; the heads of which we shall extract

A learned and good man, Bishop of St. Andrew's, (then only an Epifcopal See,) benefactor to the Univerfity established there in the preceding reign, and founder, we believe, of its College of St. Salvador.

from

from his work, as it fhews the ftate in which Scotland then. was, and the most effectual means of establishing good government among a barbarous people

·-

"It is ordained,*" fays he, "that a general peace be proclaimed through all the realm, fo that all men travel in fecurity, without any protection, fave that of the King's peace; and if any fubject ftand in fear of another, he may have borrowes of peace, that is, a pledge for his good behaviour; that juft and able judges be appointed; that the Jufticiary fhall pafs twice through the country in the year, as ordered by ancient laws; that any rebellion against the King be punished according to its nature, and by the advice of the three eftates; and if any openly rebel, or make war upon the King's fubjects, in defiance of his prohibition, the King shall advance against them with the whole force of the land, if neceffary, and punish them according to their deferts."

These unusual ordinances fufficiently paint the disorders into which the bad administration of Douglas had thrown the kingdom. Other statutes decree, that if any person affift thofe who fhall be brought to juftice, he fhall be punished. equally with the tranfgreffors; that the Warden of the Marches fee that the truce be ftrictly obferved, and appoint fuch officers as he fhall anfwer for; that adminiftrators of law, who willingly tranfgrefs, fhall lofe their office for a year, and be fined; that defpoilers be compelled to make full and speedy reftitution, pay all expences, and a fine to the King; that the Jufticiary, or Juftice General, the Chamberlain, the Coroners, or other officers, obliged to travel through the country, have but a moderate attendance, that they may not annoy the people; that foreftallers of corn be punished, and the corn forfeited to the King; and that even the poffeffors of grain keep no more than is neceflary for their annual confumption, and fell the remainder in open market, at the current price.

Above all, one remarkable act of this parliament deferves attention, being conceived in the following terms:

"It is ordained, that if any man, as God forbid, commit, or do treason, against the King's perfon, or his majesty, or rife in war against him, or lay hands upon his perfon violently, of whatever age the King be, young or old; or receive any that have committed treafon, or that fupply them with help or advice, or garrifon the house of them who are convicted of treafon, and hold their houses against the King, or garrifon houses of their own, in affiftance of the

* See Vol. I, P. 211.

NO. VIII. VOL. 11.

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King's

King's rebels; or that affault caftles, or places where the King's perfon fhall happen to be, without the confent of the three eftates, thall be punished as traitors."

This ftatute has occafioned altercations between the fa vourers of Monarchy and those who attach ideas of freedom to a Parliament of the middle ages, when the only difpute lay between Monarchy and Aristocracy.

It was farther ordained, that all the regalities in the royal poffeffion fhould be judged by the King's Jufticiary; and the freeholders of fuch regalitics fhould appear in parliament equally with thofe of the royal domain. As many large eftates had fallen to the crown, in the preceding reign, this meafure feems intended to increafe the King's influence in parliament; and fuch was the fpirit of the times, that to increase the power of the Sovereign was to enlarge the freedom and happiness of the people, labouring under the worst tyranny, that of a feudal ariftocracy: Other prudent statutes concern the punishment of robbery; the regulation of the coin, and the penalties of contumacy against the course of juftice. Such laws fhine, like a corufcation, amid the night of barbarifm; but, it is believed, imparted little of vital heat to the political atmosphere. It is eafy to form good laws: the difficulty lies in the execution. The chief felicity of a nation is, to have few laws, and to be accustomed to obey them.

(To be continued.)

ART. II. The Hiftory, Civil and Ecclefiaftical, and Survey of the Antiquities, of Winchester. By the Rev. John Milner, M. A. F. S. A. In two Vols. 4to. Pp. 728. Pp. 728. Price 2l. 12s. 6d. Robins, Winchefter; Cadell and Davies, London. 1798.

R. Johnfon obferved, that book fellers, at the prefent day,

are the grand patrons of literature; and we are fully convinced of the truth of his remark. But what are the confequences? Authors are paid in proportion to the number of pages; the volumes must have an elegant appearance, a broad margin, and large type; and men muft write for the present day and immediate emolument, not for the information of pofterity, or a confpicuous fituation in the temple of Fame.

We introduce our critique, on this publication, with fuch reflections, because Mr. Milner informs us that he was little "more than a twelvemonth" in preparing his first quarto

and

volume for the prefs, though he had not previously imagined "that he fhould ever add to the lift of local histories,' that he "furnishes this faithful account and defcription of Winchester" on the application of a "refpectable bookfeller and printer." From fuch a preface we had little reafon to expect much original information, or accurate detail; our natural pre-conceptions, however, are, in this inftance, erroneous; for the author has investigated our ancient chroniclers with laborious fidelity, and must have previously acquired great ftores of antiquarian knowledge.

This hiftory, like the learned Hiftory of Manchester, not only contains the topographical defcription of a particular place, but occafionally illuftrates the manners, customs, and annals, of the whole nation. When a writer diligently examines the records of antiquity on a particular fubject, he inftantly discovers the errors of fuch authors who write on general information without the fatigue of refearch, and who give authorities for their affertions which they have never feen. Men, like Hume, devoid of principle, and regardlefs of truth, frequently deceive their readers by fuch references; and, as the devil can quote Scripture for his purpofe, fuch pert scholars mention authentic documents in proof of their narration, which, on examination, entirely contradict their statement. To this purpose Mr. Milner obferves

"The most celebrated of our modern hiftorians fays, that Ina, in the decline of his age, made a pilgrimage to Rome, and on his return hut himself up in a cloister, where he died.' Hume, Hift. of Eng. C. 1. In fupport of this account he quotes Bede, Chron. Sax. Higd. Will. Malm. Hen. Hunt. Mat. Weft. Now, the truth is, every one of this formidable band of historians gives the lie to this account, according to whom Ina did not return to England, but died at Rome; nor is there any mention or intimation of his living in a cloister. Let the brief Saxon Chronicle speak in the name of the other authorities quoted; An. 728. Hoc anno Ina profectus eft Romam, & ibi animam efflavit.' In the preceding part of the fame chapter this writer, in giving the fucceffion of our Weft Saxon Kings, fays, that Ceaulin being expelled the throne, Cwichelm and Cuthwin, his fons, governed jointly the kingdom, till the expulfion of the latter in 591, and the death of the former in 593, made way for Cealric."' For the truth of this ftatement he appears to quote the Saxon Chro nicle and Higden, both of whom flatly contradict it. An. 591. Hoc anno Ceawlinus pulfus eft Ceolricus quinque annos regnavit." Chron. Sax. An. 597. Hoc anno Ceolwulphus incæpit regnare in Occidentalibus Saxonibus.' Ibid. The fame is the account of Higden, Will. Malm. Hen, Hunt. &c. Here we evidently fee there is no room for the reign of either Cwichelm or Cuthwin. In fact, Cwichelm

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