chair on one side, and sitting on horseback on the other. The first seal of arms was used by Richard 1st, who sealed with lyons, for the Conqueror of England bore 2 lyons. King John in right of Aquitaine, not Normandy, as said by Lord Coke, which dukedome of Aquitaine came from his mother, added a 3rd lyon. Edward the 3rd, 13th of his reign, quartered the arms of France by title from his mother.

Defensor Fidei assumed 13th H. 8th; supreme head, 20th H. 8th; Lord of Ireland till 33 H. 8th, when first called King of Ireland.

Vide Rapin's History, an account of obtaining Uniformity Act, which was with design to oppress the Presbyterians, force them to pray for toleration, whereby it was hoped Popery might be introduced.

V. D'Ewes' Journall, an account of the Uniformity Act in Elizabeth's reign.

Rapin, 11th vol. 86. Reasons for abolishing bishop's right to be in parliament or other civil employment, and taking away deans, chapters, &c., and reforming Ecclesiastick Courts.

2nd vol. Gordon's Tacitus, 101. Denmark became absolute by the oppressions of the nobility; and the people for revenge made the king absolute, to make the nobility slaves.

Vid. fol. 145. An honest and disinterested heart, which is a constitutional virtue, is a never fayling test to distinguish a publick spirited man:

Greatness without dignity, which arises from publick benevolence, as well as capacity, is like laws without penaltys; the weak and simple may perhaps submit to them, but they are despised by those whom they are most wanted to restrayn:

Greatness acquired by great abilities and public spirit will be enjoyed with satisfaction, though it cannot allways escape obloquy and clamour:

Grandeur, in order to be supported by the publick, must be supported by merit towards the publick:

Societys can never be supported but by the same means by which they were first instituted, impartiality and justice, which are national securitys.

By Thucidides, Bad laws well executed are better than good laws not duly observed.

Per Gordon, 2nd vol. Tacitus. The magistrate should allways be at the head of religion in his country, or the teachers will govern.

By Rapin, 12th vol.: Episcopacy is received in no Protestant

country but England, and not by all there; King Charles 1st cannot be called a martyr for religion, for though a friend to Episcopacy, would in great measure have given it up at Newport Conference: N.B. Charles 1st scheme was for absolute power. He was insincere, and ruled by Buckingham, Strafford, Laud, and the Queen, which last was a Papist. Charles was destroyed to make way for a Commonwealth.

Gordon's 2nd vol. Tully's Epistles are a fine secret history of the times.

Locke-The way of enlarging knowledge is to get clear ideas and to find intermediate ideas which may show the agreement or repugnancy of other ideas: The method of our inquiry should be adapted to the nature of the ideas we examine. General truths are founded in the relations of abstract ideas. Inquiry concerning substances must be by tryalls. Morality is the proper science of mankind.

Locke's division of the sciences is into Naturall Philosophy, in which he includes what is called Metaphysicks, into Ethicks, and into the Knowledge of Signs, i. e. of Language.

There are three degrees of knowledge, viz. Intuitive; Demonstrative; Sensitive, i. e. of the reality of things, which appear in the mind by entering at the senses.

Locke's 1st Book refutes the common opinion of innate ideas, wherein it is plainly shown they are unnecessary.

2nd Book treats of ideas in generall.

3rd Book treats of language and words in generall.

4th Book treats of knowledge.

Vide Cumberland's Law of Nature, 149:

It is providentially contrived that the memory of children should be retentive, whereby we become fit for business. We retain much concerning God and man, the causes of the common good, and that happiness we hope for."

Burleigh's Precepts to his Son:

(N. B. Burleigh was Secretary of State to Edward 6th; Lord Treasurer to Q. Elizabeth; Walsingham was Secretary.)

To keep some great man his friend: to compliment him often with many, but small gifts, and if he has cause to bestow any great gratuity, lett it be something allways in sight:

Towards superiors be humble and generous; with equalls familiar, yet respective; towards inferiors show much humanity and some familiarity:

The first prospers thy way to advancement; the 2nd makes thee known for a well-bred man; the 3rd gains a good report, which once got is easily kept:

Not affect, nor neglect popularity too much: seek not to be Essex; shun to be Rawleigh.

Trust no man with thy life, credit, or estate.

Be not scurrilous in conversation, nor satyrical in jests.
Advice to keep an orderly table.

Suffer not thy sonnes to pass the Alpes, for they learn nothing there but pride, blasphemy and atheism; neither train them in warres; such are hardly honest or good Christians, and it is a science no longer in request, than in use.

As to servants keep rather two too few, than one too many. N. B. He was much for peace in England; was against war with Spain: (Essex was for a war;) had many enemys, was religious.

N. B. In Queen Elizabeth's reign education was at the Inns of Court: Rawleigh bred there.

Appendix to Cumberland, 70.-Of all beautys the most engaging is that which is drawn from real life, viz.: the beauty of sentiments; the grace of actions; the turn of character, and the features of a human mind.

The beauty of poetry is in vocal measures, or syllables and sounds, to express the harmony and numbers of an inward mind, and by proper foils and contrariety to render the musick of the passions more enchanting.

July 2nd, 1732.-At a meeting of Lord Raymond, Lord C. J. Eyre, Lord C. Baron Reynolds, Master of the Rolls, and Brother Cummyns, Sir P. Yorke, Attorney-General, who had had the inspection of them, informed us that the first commission for settling fees was 35th Eliz.; many others in King Jac. 1st and King Chas. 1st; and that the first enquiry directed was Courts Ecclesiastick, but no returns appeared to any of these Commissions.

At this meeting Lord C. J. Eyre declared he knew no law for tying the thumbs of prisoners with whip-cord, to which the rest seemed to assent, and Brother Cummyns declared be never found any mention of it in any book but Keelyng, and Lord C. B. Reynolds declared, that he thought when judgment of peine fort et dure was past, that it was irrevocable. Sed N. B. The practice is otherwise, and it was agreed that J. Tracy had tyed a man's thumbs, who stood mute. To this opinion of Lord C. B. nothing was said by the rest of the company. And N. B. Lord C. Baron said that there was a case before Lord C. Baron Gilbert, where a man stood mute, and he impanelled jury to enquire if he stood mute of malice. V. Lord

C. J. Holt's opinion in Salkeld's Reports, that judgment of peine fort, &c. is revocable at the same sessions.

12th October, 1732:

At Sir Joseph Jekyl's, Master of the Rolls; present, himself, Judge Cummyns and a clergyman; a dispute arose whether the will of God was the proper obligation to morality, or the consideration of the reason of things. The clergyman_maintained the will of God to be the only obligation; the Master and Brother Cummyns held the reason of things to be the obligation. Vid. Cudworth's System; vid. Conybear; vid. King's Inquiry of Evill. The reason of things directs God in willing:-Per me, Quære then, if that will of God be not the obligation on man?

N. B. Lord C. Baron Reynolds, summer assizes, 1732, seemed to think the will of God was the true obligation on man, and the reason of things not sufficient as an obligation.

N. B. It seemed agreed by all at the Master of the Rolls, that this dispute turned much on the true sense of the word (obligation). Mr. Conybear states the whole case well.

N. B. Lord Shaftesbury proves the reason of things to be the obligation, by showing that acting agreeable thereto will give happiness to any reasonable being, and acting contrary thereto will be certain misery.

To end this dispute, I think it is our business to find out the reason of things, and when we have found that, and act according to it, we may be sure we obey the will of God.

12th October, 1732.-The Master of the Rolls, Sir J. Jekyl, took this objection, which he said he had heard made to Mr. Woolaston's Religion of Nature Delineated, viz.: he states morality to consist in conformity to truth, and immorality in contradiction to truth, and the degrees of immorality in the number of truths contradicted; but his mistake is, in regarding only the number of truths, but not taking notice of the importance of the truths contradicted. Q. If this be so in the author mentioned ?

The current coin of Great Britain is about twelve millions. The annual value of the rent from lands about eighteen millions.

The funds chargeable to India Company are three millions. South Sea Company's Stock, fifteen millions; -Debt in Bonds, one million. Three millions the product of the forfeitures; half a million has been paid in dividends, the rest lost in trade.

N. B. This account of pressing I extracted from a book lent to me by Arthur Onslow, Esq., Speaker of the House of Com

mons, anno 1733, and the same was wrote, as he told me, by Mr. Carbett, an officer in the admiralty, and now a member of Parliament for Saltash in Cornwall. (Vid. Hist. Plac. Coronæ 678, where it seems Hale, C. J., thought pressing not justifiable. N. B. Prest money is imprest money, i. e. earnest of the

contract.)

In Saxon times, if any man upon summons by the horn did not goe to the war, he forfeited his life. Per stat. 11th H. 7th, c. 18, every subject by his allegiance is bound to serve and assist his prince, when need shall require.

Judges against ship-money seemed to allow the king's right to press ships and mariners, provided they were taken into his pay. It is a weak opinion that pressing seamen is against Magna Charta, for the passage applyed to that purpose, relates only to civil liberty to free persons from unjust imprisonment, but not to exempt a man from the necessary service of his country.

Not better grounded is the objection that the king cannot compel seamen to goe out of the realm, for the ships of the royal navy are esteemed the fortresses and outworks of the kingdom, wherever stationed, and are always within the jurisdiction of the Admiralty.1

As therefore there is no inherent right in the people to be free from an obligation to serve, the next question is, in whom the power of forcing them to serve is.

Cited 13, 14 Car 2, c. 3, s. 1, that the command of all forces by sea and land is in the king, and the prerogative is most strong in respect of the sea service. On this principle, though other subsidys were granted only from time to time, the subsidy of tonnage and poundage, and other dutys on merchandize, were granted for life, 37th year of H. 6th.

The administration of justice in matters done at sea is under a distinct polity, and different from the proceedings in courts at law. Juries in admiralty courts present crimes according to the laws of the sea :3 the mariners may joyn in a suit for wages; the ship is liable; the depositions of the absent

'See Forbes v. Cochrane, 2 B. & C. 464.-Ed. On the margin in this place is written,

touching Admiralty proceedings?"

66

Q. Which are the best books

3 On margin are the following remarks:-" Vid. Preface to Molloy de Jure Maritimo Laws of Admiralty are 1st of Rhodes, incorporated into civill law: of Oleron, an isle in the bay of Aquitayn, collected by Rich. 1st: Constitutions at Queenborough by Ed. 3rd, v. Zouch's Jurisdiction of Admiralty, his Descriptio Juris Maritimi, and Dr. Godolphin's View of the Admirall Jurisdiction, and the Practice of the Admiralty, by Clark; v. etiam Consuetudo et Lex Mercatoria and Exton's Admiralty Jurisdiction."