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Courfe of Study in Law recommended by Lord Mansfield to Mr Drummond

1774.

FOR general Ethics, which are the foundation of all Law, read Xenophon's Memorabilia, Tully's Offices, and Woolafton's Religion of Nature. You may likewise look into Ariftotle's Ethics, which you will not like; but it is one of those books, qui á limine falutandi funt ne verba nobis dentur.

For the law of nations, which is partly founded on the law of nature, and partly pofitive, read Grotius, and Puffendorf in Barbeyrac's tranflation, and Burlamaqui's Droit Natutel; as thefe authors treat the fame subject in the hands, they may be read together and compared.

When you have laid this foundation, it will be time to look into thofe fyftems of pofitive law that have pre vailed in their turn. You will begin of course with the Roman Law; for the hiftory of which read Gravina's elegant work De Ortu et Progreft Juris Civils; then read and study Juftinian's Inflitutes, without any

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other comment than the short one by Vinnius. Long comments would only confound you, and make your head fpin round. Dip occafionally into the pandects. After this, it will be proper to acquire a general idea of feudal law and the feudas Tyftem, which is fo interwoven with almoft every conflitution in Europe,that without fome knowledge of it. it is impoffible to understand Modern Hilory. Read Craig de Feudes, an admirable book for matter and method; and dip occafionally into the Corpus Juris Feud.lis, whilft you are reading Giano. none's Hiftory of Naples, one of the ableft and moft inftructive books that ever was written. Thefe writers are not futficient to give you a thorough knowledge of the fubjectsthey treatof, but they will give you general notions, general leading principles, and lay the beft foundation that can be laid for the ftudy of any municipal law, fuch as the Law of England, Scotland, France, &c. &c.

SIR,

Copy of a Letter from Mr Burke to the Archbishop of Aix.

is a great fatisfaction to me that IT the generous victims of injuftice and tyranny accept, in good part, the hon age which I have off red to their virtues. It is a diftin&tion which I would not have had occafon to merit from the clergy of France in the time of their credit and fplendor, Your Church, the intelligence of which was the ornament of the Chrif tian World in its profperity, is now more brilliant, in the moment of its misfortunes, to the eyes who are ca pable of judging of it. Never did fo

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great a number of men difplay a coftancy fo inflexible, a difinterefted nefs fo manifeft, an humility fo mag nanimous-fo much dignity in their patience, and fo much elevation in the fentiment of honour. Ages have not furnished so many noble examples as France has produced in the space of two years. It is odious to fearch in antiquity for the merit we admire, and to be infenfible to that which paffes under our eyes. France is in a deplorable fituation, both in its political and moral state; but it feems

to be in the order of the general ecohomy of the World, that when the greatest and 'moft deteftable vices domineer, the most eminent and diftinguifhed virtues raife their heads more proudly. Such is not the time for mediocrity.

We may have fome diverfity in our opinions, but we have no difference in principles. There is but one kind of honour and virtue in the world. It confits in facrificing every other confideration to the fentiments of our duty, of right, and of piety. It is this twhich the Clergy of France have done. I will not examine fcrupuloufly, by what motives men like you have thought it your duty to fupport all that you have done. All that I fee I am forced to admire. The reft is -out of my reach-out, perhaps, of the reach of those who are better inftruct. ed than me. One thing I fee diftinctly, because the Bishops of France have proved it by their example; and that is, that they had made known to all the orders, and all the claffes of citizens, the advantages which even religion can derive from the alliance of its own proper dignity, with the character which illuftrious birth and the fentiment of honour gives to man.

It is with good reafon that in France the Nobleffe fhould be proud of the Clergy, and the Clergy of the Nobleffe, although thefe two claffes be for the prefent condemned to paffive courage, which gives fo much glory

to the one and the other.

I fall prefent to the Bishop of St Paul de Leon your fine and affecting Addrefs perhaps he has already received it. I am fure that he will

remain fixed. If I mag jeage from the little I have seen o him, he is a moft eftimable and a moft amiable man. He has been received here by bur h gh Clergy, and by mny others, not certainly in the manner due to his rank and merit, but with a refpect or the one and the with which Ff VOL, XIV. No. 81.

from his natural goodness, he feems to be fatisfied.

I do not know if it is to the complaifance of your Lordship that I owe the Chefs-d'œuvres of ingenuity, intelligence, and fuperior eloquerce, varied as the occafions require, in the dif ferent difcourfes and letters which I from time to time receive. They are the works of a great statesman-of a great Prelate-and of a man versed in the fcience of Administration. We cannot be astonished that the State, the Clergy, the Finances, and the trade of the kingdom, fhould be ruined, when the author of thefe works, instead of having an important fhare in the Councils of his country, is per fecuted and undone. The profcription of fuch men is enough to cover a whole people with eternal reproach; Thofe who perfecute them have, by this one act, done more injury to their country in depriving it of their fervices, than a million of men of their own ftandard can ever repair, even when they fhall be difpofed to build upon the ruins they have made.

Maintain, Sir, the courage which you have hitherto fhewn; and be perfuaded, that though the World is not worthy of you and your colleagues, we are not all infenfible of the honour which you do to our common n ture.

I have the honour to be,

very truly, &c.

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which you have made on the refpectable Order of which I have the honour to partake the misfortunes. The first Orator of England has become the Defender of the Clergy of France. Yours is the voice that has fo long directed and balanced the opinion of a nation, of which France ought rather to be the rival by its progress in intelligence, than by its political interefts. Oh, that the dark clouds which overhang my country may not for ever obfcure the rays of light which the fciences, letters, and the arts bestow! We are in a time of trouble we attend only to the noife of our difcuffions-we read only the produc tions of party-and how many wife men and enlightened citizens remain in filence! We can no longer judge for ourselves, and a foreign obferver only can decide for us what ought to be the judgment of pofterity.

When my colleagues, in addreffing themselves to you, chofe me for their organ, I was penetrated with their fentiments, and with thofe of the minifters of all ranks, whom nothing can feparave from their confciences. I fpoke for them with the feeling which they gave me; and the noble thoughts, the touching expreffions, I can boldly fay, were only the daily impreflions which the knowledge of their virtues infpire. It is wating to their glory that you should see them, as I have feentiem,fin ple in their con duct, tranquil in their adverfity, and content with having fulfilled their duty. The Church of France is the ftranded bark which the waters have left after the tempeft, and evry one of us in the fhip wreck contemplares with aftonishment thofe new beavers, and this new earth, which were unknown before.

By what deftiny muft it be, that, after having fupported all my life thofe maxims of Chriftian Charity, of which the first ages of the Church gave us both leffous and examples, I fee myself the victim of intolerance and perfecution! It is in the eigh teenth century-it is in a nation that

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boafts of its philofophy-it is even in the moment that they announce the Revolution of Liberty, that they perfecute those who practice what they believe in religion, and who wish to preferve the worship of their fathers ! We read in the Conftitution, that "No one ought to be difturbed for his religious opinions."-We read the Laws concerning religion-oaths, deprivations, infamous penalties, and exile; and it is on the overthrow of their new Constitution that they found the Civil Conftitution of the Clergy. What has become of all those natural laws which were to ferve for the bafis of all their laws? We are the men whom they wish to accufe with prejudices, who plead this day the Rights of Liberty.

The caufe, Sir, that we have defended, is the noble, juft, and holy caufe of liberty, humanity, and religion. The Clergy of France have demonftrated what it was-perfuafion without fanaticifm-courage without excefs-and refiftence without trouble, and without infurrection.-We have fuffered all kinds of lofs-we have endured all forts of rigour, and we remain tranquil and farm, becaufe nothing is fo unconquerable as the probity which fupports itfelf on religion. Behold that of which they cannot judge in the world! They conceive that honour is the only fentiment which influences men of all conditions to the accomplishment of the moft facred duties. God forbid that I fhould weaken this noble instinct, which comes to the aid of reafon, which rallies the warriors in the day of combat, and which can animate to the love of the public weal, when it does not mislead us in the purfuit!—— But you havetter defined this fimple and true fentiment," which.confifts in the habitual impreffion of our duty, of right, and of piety." This fentiment ought to be in general that of good Citizens, and there are no metals in a country where it is not acted upon. If they wish to defroy

religion

eligion in France, it will be the first example of an Empire without religion; and no one has proved, Sir, with more eloquence than yourfelf, how much it imports to attach the principles of human fociety to fome thing too high for man to outrage or destroy. They must confecrate by religion, respect for the laws; for what must the laws be, which fan entire people obey only through conftraint, and not by inclination? They will foon perceive that the force to which they yield is only the force which they give. This force will weaken of itself by general corruption, and the State is no more.

You have reafon, Sir, to encourage us in the laborious career to which we are doomed. It is the writings of fuch men as you, which maintain in all nations a wholefome morality. We cannot help believing, that our fellow citizens will, fooner or later, do us the juftice which we receive from foreigners; and that we fhall revive, in more peaceable times, the principles of religion and humanity.

I do not speak to you, Sir, of thofe other writings, in which I am deurous of thewing how useful would be the lights of a long and peace ble Adminitration. It does not belong to me to judge of the ufe which may be made of them, and it muit not aftonith us, that men are ungrateful for truths which come from us, who have no pallion for Revolutions.

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Accept, Sir, the teftimonies of the. veneration and attachment, which well-intentioned men ought to feel for the enlightened and virtuous of 2!1 countries.

I cannot tell you how fenfible we have been to the attention which the Clergy of England have fhewn towards one of our most virtuous and refpectab e Colleagues. You are equally just to his character in fociety, as to his principles and courage; and fuch are the regrets of his diocefe, that they confider his abfence as a public calamity.

I have the honour to be,
&c. &c. &c.

LONDON, 15 July.

Extras from Report to Sir John Sinclair of Ulbfter, Bart. Chairman of the Society for the Improvement of British Wool, of the State of Sheep Farming along the Eastern Coafts of Scotland, and the interior Parts of the Highlands By Andrew Ker.

THE

HE firft heep I met with were on the Lomond hills; they feem to be a mixture between the black faced and white faced kinds, have ing moitly imperfectly white faces, and are, what we would reckon in the fouth, a bad kind of sheep.

As very few theep in this part of the country are laid or fmeared, the wool is mostly fod white to the people in the neighbourhood for making blankets, and other country fabrics; the price about eighteen fhil. lings a ftone, confifting of twentyfour pounds English avoirdupoife. . From clipping time, in the end of

May, or beginning of June, till April, the theep are folded every night, which I think a very bad practice, being both prejudicial to the theep, by harraffing them, and injurious to the grafs, which is trodden down by the throng.

I was informed that the wedders will fatten to about ten pound weight per quarter; which I can hardly credit, as their fore-quarters feem very light and thin.

One of the principal objects to be kept in view in the improvement of fheep is to give additional weight to the fore-quarters. The propriety of Ff2

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increafing the general weight of carcafe is in moft cafes very queftionable. The only diforder to which the fheep in these parts are fubject is called by the country people the braxy, which, fo far as I could learn, is the fame with the difeafe known up der the name of fickness in Teviotdale, The hogs are fubject to this dileafe. They are afflicted with it from the end of October to the end of December, or until a good deal of foft or fnow falls; after which time they are almoft never troubled with it. They are generally feized very fuddenly with a fwelling of the whole body, and they die in a fhort time, after which the body is very much difcoloured. There has been no cure yet found for this d.feafe; but, I. fhould think, if it were attended to when the difeafe firit makes its appearance, by using a fall quantity of tar, in the fame manper as is given to black cattle when fwelled with turnip or clover, a good effect might be produced; at least it is worth making a trial.

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The method of herding the sheep thefe parts is exceedingly improper, as they are conftantly kept close together in hifels, by which means they

never permitted to fettle at their food. Sheep naturally spread; and this plan requires the herd to difturb thm perpetually, on purpofe to keep them together. This bad practice appears to proceed from their paflures bing in common, which makes it neceflary to herd them in thefe clofe hi fel, to prevent the fheep of the yarious tenants from mixing.

Their other practice of folding their Sheep every night, from fhearing time till the month of April following, is likewife very hurtful. It must be very prejudicial to fold fheep at night, even in the fummer feason, but much more fo in the winter, as they are then expofed to every kind of weather, without having it in their power to feek for fhelter, which they would do if they were left to their liberty.

It is the general practice ip this part of the country to fheer the sheep before they are washed..

I think this a very bad practice. Washing the fleece after it is fhorn breaks the wool very much nor do the theep ever clip fo well without wafhing as after that operation, which makes the wool rife trom the back, and allows the fhears to get in much more readily.

From Cupar I went to Tent-moorg in the parish of Leuchars, where I was informed of a peculiar breed of sheep. This moor, which is fuppofed to contain 3000 acres of land, is of a very fandy, foil, and produces very little grafs, but is covered with vaft quantities of whins or furze, on which the sheep chiefly fubfift. It is bounded on the east by the sea, by the Firth of Tay on the north, and by the river Eden on the fouth. The theep on this moor are very small + have moftly white faces, and long fmall upright horns like goats. When fat, they weigh from four and a half to fix pounds a quarter. They have very long wool in proportion to their fize, and the fleece is very open at the top, bur, upon examination, turns out much finer than could be fuppofed from their first appearance, for they look more like goats than theep...

So far as I could learn, the fame breed has been kept on thefe mbors from time immemorial; for no perfon remembers any attempt having been made to change the breed, by cróffing or otherwife. The people here have no particular modes of managing their fheep, any farther than this, that each takes care to keep his own little flock from ftraying out of his own farm. The whole moor keeps about 2000 head.

The farmers here always, fell fome of their ewes, with lands at their feet, in the Cupar marker; and for thefe they got, laft year, from 75. tò 7s. 6d. They fell their wedders, at the fame time, when two years old,

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