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interefting experiments introduced, and view of the philosophy of living matter, the whole calculated to give an idea of with a general outline of physiology; the those subjects to those who have not had effects of different climates on the colour leisure or opportunity for investigating of the human fpecies; the progress of man them, and to refresh the memories of' in fociety from rudeness to refinement. those who have. It is intended likewise After this, will be pointed out the most as introductory to the scientific course. remarkable particulars with respect to

The third is a popular course on che-, other animals, fuch as their modes of life, mistry; which takes up, for the first part migration, &c. The course will be conof the session, one evening; and in the cluded with a view of the vegetable kinglatter part, two evenings every week. In dom, or the philosophy of botany, with this course, the principles of chemistry, the theory of agriculture and gardening. with its application to the arts and domestic economy, are pointed out, and il

To the Editor of the Monthly Magazine. luftrated by experiments*:

Besides these courses, during the sum- SIR, mer, 1 give a fhort course on botany, and I pondent M. I. whose cale i lament,

N answer to the question of your correthe theory of agriculture; and the next winter, I propofe a course on the philofo- as he ftates that he has been obliged, by phy of natural history: the following out the Commissioners of the (Surry; I preline of which has been laid before the ma- fume). Court of Requests, to pay the exnagers.

travagant demand of an impertinent fer. The .course is to begin with a general vant-His faid cafe I contider as a deview of the univerfe, in which I shall de- fperate one; for, being well acquainted scribe the different nebulæ, or fystems of with those tribunals, I can aflure him, fixed tars, and point out the probability that the judgment of the commissioners is of their being suns, round which different final; and consequently it is impossible worlds revolve. We shall next fix our for him to appeal to one that is superior. attention on one of them, our sun, and At the same time I must obterve, that the thall examine the different planets which cominiffioners are, as all magistrates ought revolve round it, with the various pheno. to be, liable to personal actions, should mena which they exhibit; and shall then they have fo far forgotten the solemn obliconfine ourfelves, through the remainder gation of their oaths, as to have ftepped of the course, to the planet on which we beyond the correct line of their duty, and, are placed, and in which we are most in- either wilfully or maliciously, acted illeterested. We shall first examine the dif- gally or corruptly. ferent theories concerning its formation, Of all the petty litigation that comes the changes which it appears to have un- before the commissioners, there is, perhaps, dergone from volcanic fires, and the waters none that gives them fo much trouble as of the ocean: this will give an opportu- the continual disputes arising betwixt nity of introducing fome interesting facts masters, mistresses, male and female fer. on mineralogy, on existing and extin&t vants; and, it is but fair to ftate, that volcanos, and collections of basaltic pil- there is generally in the two former lars. After this we shall examine the at- grounds to complain against the two latter mosphere which surrounds the earth, and classes of society. Moralists must attripoint out its most striking properties, both bute their behaviour to the licentiousness chemical and mechanical ; and shall then of the times; but I have never observed describe the several changes this fluid un- that the commiffioners have made any al. dergoes from winds, thunder, &c. and lowance for the depravity of the age, and give an account of the formation of mists, the effect which bad example may have clouds, rivers, and lakes.

upon the minds and consequently manners We shall next take a view of the dif- of those fervants that have appealed to ferent living beings on the surface of the them; on the contrary, they have always earth; and first, of man, in which we shall taken the character and behaviour of fuch trace his progress from infancy to old persons into consideration, and have never age, the unfolding of reason, the faculty suffered them to have the advantage of called instinct, &c. Next will follow a their own wrong, or to make imperti.

nence and irregularity of conduct the in. * I have printed a text-book for this course, ftrements of litigious extortion. under the title of “ Outlines of a Course of With respect to the original of the Lectures on Chemistry;" which is fold by Courts of Conscience, now to numerous Cadeli and Davies, London.

in-this kingdom, they unquestionably had

1799.] Mr. Moser on the Origin and Practice of Courts of Request, : 767 their rife from that great tribunal for civil proceeding in their wilful fuits, and alfo caules, known among the Saxons, and by to such persons as had small debts owing us, under the appellation of County to them, and were not able to prosecutę Court.

them by actions at law, has fince been These assemblies were instituted in the continued, the number of commissioners time of King Edgar; but far more per-, increased from four to twelve, and the tectly and firmly established by Alfred, at authority of the faid court extended to the the time when he made the division of the end of the reign of Elizabeth ; when counties that has descended to us. Here divers persons repining at the influence of the sheriff fat as judge, and the suitors of the said court, and not regarding any exthe court, as they were, and are itill te:m- pences or charges, how great foever they ed, that is, the freemen and land-holders might be, so that they might have their of the county, formed a jury.

delires upon their poor debtors, and being From thele courts was derived another, also animated thereto "by divers attornies but of inferior jurisdiction, termed the and solicitors (for their own particular Court Baron.

gain),did daily commence suits against poor The great increase of frivolous fuits in citizens and freemen, in the high courts the King's superior courts, in the time of of Westminster; whereby these poor men Edward the First, occafioned a law to be were obliged sometimes to pay fix times made, that none should have a writ in as much as their principal debt or damage those unless the matter to be litigated did amount to: undoing by these means amounted to the value of forty shillings; such poor men, their wives and children, and this is the first veftige to be traced of..and filling the prisons, when otherwise that form of tribunal, now recognized as they might have got their debts with a a Court of Conscience, the business of small charge and little trouble. which was, about this time, a part of that “ For remedy whereof, and for the of the County and Hundred Courts; and trengthening and establishing the aforewas, indeed, considered as so material a said court, an act was made by the legislapart, that we have, upon this account only, ture, anno primo Jacobi Regis, which frequently met with complaints, that great enacted, that any citizen and freeman of hardships and inconveniencies to the sub- London that had, or should have, any ject arote from the irregularity and in- debts owing to him not amounting to frequency of those meetings, which forty shillings, might cause such debtors complaints existed until the 3d of Ed- to be warned to appear before the comward the Sixth, who enacted, that the missioners of the faid court; and they meeting of all county courts should be should make such orders between plainmonthly:

tiffs and defendants as they should find to As the commerce of the city of London stand with equity and good conscience. became extended, this inconvenience, it “ But since the making the faid act, appears, was more severely felt by its in- divers persons, intending to subvert the habitants than any other class of subjects; meaning and good intent of the fame, they consequently endeavoured to procuré have taken hold of some doubtful and ama remedy, 'There is in Stow (vide Title- biguous words therein, and wrested the Index) an account of the first Court of same for their own lucre and gain, couRequests instituted in the city of London, trary to the godly meaning of the said collected by Thomas Griffin, some time act. a clerk of that court, the particulars of “ For remedy whereof, another act of which are curious, but to quote at length Parliament was made anno tertio Jacobi I. would extend this speculation beyond the bywhich the power of the commissioners was limits of your Magazine. Among other much enlarged; giving to them authority circumftances, it itates that, “ the ift of to administer an oath to the creditor or February, 9th of Henry the VIIIth, an debtor, and to commit to one of the coun. act of Common Council was made, that ters," &c. the Lord Mayor and 'Aldermen should “ By this act (faith Mr. Thomas Grif. monthly align and appoint two aldermen, fin) the Court of Requests is established and four discreet commoners, to be com- and continued to this day; and God grant millioners.

that it may long continue to the relief of " This act, which was to continue a the poor!” year, being found charitable and profit- Having thus stated the rise and progress able for the relief of such poor debtors as of this branch of jurisprudence, with the were not able to make prelent payments, opinion, or rather ejaculation, of one of its and to refrain malicious persons froin first clerks, which probably will have but

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little weight with your readers, as he again be revived?"--Blackstone's Com

, must have been an interested person, it will mentaries, vol. iii. page 81. be neceffary to contrait it with one in Such is the opinion of this learned every respect different, namely, that of Judge respecting Courts of Conscience: the great'luminary of the English law, in which opinion I certainly concur, as the late Sir William Blackstone.

far as relates to his apprehenfions with “ There is (said this learned Judge) regard to the ill consequences that may one species of courts, conftituted by act arise from the example given of the disuse of Parliament, in the city of London, and of Juries in these new tribunals; but I other populous districts, which in their greatly fear that thefe ill confequences proceedings fo vary from the course of the would not be avoided by the revival of the common law, that they may deserve a full powers of the County and Hundred more particular consideration; I mean the Courts; for it is to be observed, that they Courts of Conscience, or Courts of Re- are still, in many parts of the kingdom, in, quest. The first of these was established pretty extenfive operation. In fact, the in London to early as the reign of Henry practice in these tribunals* demands legisthe Eighth, by an act of the Common lative inspection and regulation, even more Council; which, however, was certainly than that of the Courts of Conscience; infufficient for the purpose, and illegal, and I think it was once the idea of a gentill confirmed by the statute 3d of James I. tleman of the first legal abilities, and now chap. xv. which has since been explained in one of the highest legal offices, to bring and amended by the statute 14th Geo. II. in a bill for that purpose; which, I mould chap. x. The constitution is this ; the conceive, would be a necessary measure, as, commissioners are to decide in a summary from observation, and all the information way in all causes of debt which do not which I have been able to collect, the amount to forty shillings,” &c.

benefit to the public from the former is As the nature of the court has been be- not greater than that derived from the fore explained, it is unnecessary to repeat latter ; which are chiefly established in it. The learned Judge then proceeds: trading and manufacturing towns and “ The time and expence of obtaining this districts: and experience has convinced suminary redress are very inconsiderable, us, that they certainly are, even in their which make it a great benefit; and there- present state, a considerable relief to the upon divers trading towns, and other inhabitants within their jurisdictions, districts, have obtained acts of Parliament though it is equally certain, that their for establishing in them Courts of Con- fyftem is far from being perfect; indeed science, vpon nearly the same plan as that it is such, that to be made extensively beof London.

neficial it Mould undergo a thorough re• The anxious desire that has been visal. As an instance, there is in all the evinced to obtain these acts, proves clearly, acts of Parliament for establishing Courts that the nation in general is truly sensible of Requett, a clause which prohibits the of the inconveniencies ariling from the commissioners from entertaining any acdisuse of the County and Hundred Courts, tions upon lease for lands, tenements, terwirerein causes of this small value were taments, trovert, &c. Yet, upon the formerly decided, with very little trouble disputes betwixt landlords and tenants, or expence to the parties: but it is to be representatives, persons who have lost feared, that the general remedy which has goods entrusted to carriers, laundresses, lately been applied to this inconvenience &c. more than half the businefs of the (the erecting thete new jurisdictions), may itself be attended, in time, with very ill

* In the small county of Cardigan the consequences, as the method of proceed number of causes tried in the Sheriff's Court in ing therein is intirely in derogation of one year amounted to upwards of wiree thoucommon law, as their large discretionary, bunals in the principality they have only a

sand. It is to be observed, that in these tripowers create a petty tyranny in a set of Jury of fix; and yet in these Courts, in constanding commifsioners; and as the disuse

Tequence of a writ of justicies, directed to the of the trial by Jury may tend to estrange Sheriff, they have been known to take cogthe minds of the people from that valuable nizance of actions where the maiter in litigaprerogative of Englishmen, which has tion has amounted to an hundred pounds and already been more than sufficiently ex- upwards. cluded in many instances. How much + Vide the Acts for establishing Courts for rather is it to be wished, that the powers the recovery of small debts in Westminster, of the County and Hundred Courts could 23 Geo. II. c. xxvii. and 24 Geo. II. c. xlii.



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1799.] Account of James and John Upton, by Dr. Toulmin. 769 Courts turn; for, though certainly irregu- neighbourhood, of the name of Proctor. jar, the settlement of these petty disputes, From Eton he removed to Ilminster, in in a summary way, has been found lo ad- Somersetshire, upon the invitation of seve. vantageous to all parties, that the prac-ral respectable gentlemen of the county, tice of commissioners interfering in these and particularly of the Earl Pawlet, to matters, seems, by universal consent, to whom he was afterwards chaplain, and all be universally adopted. The impression whose fons were under his tuition at upon my mind, therefore, being that these Taunton. He remained a few years at fubordinate tribunals are of much greater Ilminster, and taught the learned lanimportance as links of the great chain of guages there, till he was elected to the causes and consequences, as integral parts care of the Free Grammar School in of the general system, than is commonly Taunton : which he conducted with the imagined, I must give to them a warm, highest reputation, and raised to be the though qualified, approbation, inalimuch largest provincial school at that time ever as I conceive them to be intimately con- known in England. The number of his pected with the existence of society, the pupils amounted to more than 200; and jurisprudence and political economy of the many of them were from the first families country: yet I must also observe, in con- in the West of England. He served for clusion, that I should be happy to see a many years the church of Bishop's-Hull, greater uniformity in their operations, a in which parish the school is situated. So

, systematic arrangement of husiness, and early as 1711 he was in possession of the Atrong yet regular principles of action in- rectory of Brimpton, near Yeovil, in the fluence the whole. I remain, Sir, presentation of the Sydenham family. In Your obedient, humble servant, the year 1712 he was presented to the rec

JOSEPH MOSER. tory of Monksilver, 14 miles from TaunSmith Street, Westminster,

ton. He died August 13, 1749, aged 79. October 7th, 1799.

In 1696 he published, at Cambridge, an excellent edition of Aristotle de Arte

Poetica, with notes. To the Editor of the Monthly Magazine. Dionysius Halicarnaffenfis de Structura

In 1702, at Eton, SIR,

Orationis. In 1711, a revised and corOTWITHSTANDING the lauda. rected edition of Roger Ascham's “School

In G. D. to supply fome account of the 1726, his Tourean Içoçta; Sive Novus Histolearned Mr. Upton, I am tempted to offer, riarum Fabellarumque Delectus : a very for your Miscellany, a fuller article to the useful and much approved selection of memory of that great scholar; for which passages from Greek authors, with a Latin I am particularly furnished by the com- Translation. He was also the author of munications of his grandson, Robert several single sermons. Tripp, Esq. barrister ; and from which it With the name of Mr. JAMES'UPTON was my design to have formed a memoir ought to be preserved that of his fon, Mr. in the supplement to my “ History of John UPTON, B. D. who received his TAUNTON;" but as that publication has classical education in his father's school, at been postponed, and probably may not Taunton, from whence he went to Exeter appear for several years, it is but a proper College, Oxford, where he became a felrespect to the information which that gen- low; and afterwards tutor to the sons of tleman politely afforded, and to the name Lord Chancellor Talbot, and one of his of his worthy ancestor, to give it to the chaplains. This nobleman prosented him call of your correspondents. It will, I to a prebend in the cathedral of Rochester: hope, be deemed excusable, if some cir- he had also the rectory of Risfington, in cumstances already stated by G. D. be re- Gloucestershire. He never married; and peated.

died at Taunton, December 1760, aged JAMES UPTON, M. A. was the fourth 53: leaving the reputation of a gentleman son of a gentleman of Cheshire, and born of distinguished classical learning: at Wimnow, in that county,

December 10,

His publications were an edition of 1670. He was educated at Eton, and be- Arrian's Epictetus, with notes, and a came a Fellow of King's College, Cam- Latin Translation, two vols. 4to. 1739: bridge. He afterwards, at the request of Dr. Harwood calls this “ an incomparaDr. Newborough, the head malter, re- ble edition, and the most perfect that was turned to Eton, where he was tutor to the ever given of a Greek ethical writer :" famous Sir William Wyndham. He mar- and HARRIS, in his “ Philological En. tied a lady of a respectable family in that quiries," represents it as the fort edition





of the kind that had any pretensions to one more to those already heaped on lanperfection, vol. i. p. 33. (2.) An edi- guage; besides my overthrow.mult tion of Spenser's « Fairie Queen," with that the great, and the only exemplar of numerons notes, replete with learning, all rational inquiry into the nature and taste and judgment: and (3.) Obferva- progress of language, was studied; I mean tions on Shakespeare. He left many the Diversions of Purley, the only guide works unfinished.

to a knowledge of the English language. Both father and son were men as much My conjecture is, that the word rich, esteemed for their piety, philanthropy, and comes from the same source as reckon. amiable conduct in private life, as cele- Wreck, is used in the north to mean brated for their genius and erudition. abundance. Vide Grose's Glofary,

it is a sincere pleasure to bear this ter- Rich I fuppose the past participle, and Imony to fingular learning and merit. that a riked or a rich man was once pot. I am, Sir, your constant reader, fessed of much land produce; as a mo

JOSHUA TOULAIN. nied man, now signifies a man pofseffed of Taunton, Sept. 11, 1799.

much money.-I need not adduce proof

of the scarcity of coin in former periods, To the Editor of the Monthly Magazine, compared with its present abundance; the

Communicated by DR, BEDDOES. History of England abounds with striking

facts of it ; from this scarcity of it, it is I

eation may meet the taite of some of unknown in the concerns of mankind, and your readers, I shall be obliged to you that then the abundance of land produce for inserting it in your Magazine.

conftituted riches. If this be true, it af. Those who concur with the author of fords an example of a word which includes the Diversions of Purley, respecting the in its meaning the fame conclusion, which original meaning of the word more, may be the author of the Wealth of Nations has led like myself to believe the word reckon made, viz. that riches or wealth is derived has a similar original meaning.

from the soil. Raked hay, is hay put togetber in a heap;


M. D. hence hay-rick. Reek in German, signifies any heap,

My correspondent's proofs appear to me To reckon is put together, to calculate. cogent; and if he has not arrived at the

Chaucer writes. Than cometh ne, truth, (which I by no means say) he has, gligence or retebelesness, that recketh of I think, approached it as nearly as invefa nothynge.”

The Parson's Tale. tigations of this kind admit. It will ocWith the fame meaning are used at pre- cur, that rich was not founded soft by our sent in the North, rackless and rack.

ancestors ; so that rick and rich were Vide Grose's Glosary. sounded alike.--In German, reich means To zreke, meaning to revenge, Teems rich and realme. In other northern lanto me the same word.--Chaucer thus guiages, orthography favours the above uses it,

deduction. I hope the ingenious author " Well couth love him wreke tho'

will communicate more of his researches. Of daunger and of pride also,

To counteract the labours of those lexico. That Narcissus sometyme him bere, graphers, who have so continually “di. He quite him wel his guerdon there." vorced the soul of a word from its body,"

The Romount of the Rose, is the best way I know, to elucidate lanHere love could reckon the daunger and

guage. the pride of Narcissus-to quite or repay 4th Ozzober, 1799.

T. BEDDOES. hin, as much.--So in common language,

P.S. I have not met with reek in German a person indebted to another, says, he is for beap. My knowledge of that language, come to reckon with him, when he means

however, is not critical. Recben is to rake; to pay him.-Well would it be for man- recb-gras, couch-grass. I suppose the recb kind, if revenge were never pursued farther in the latter compound signifies a beap or than to be even with the injuries received. tuft.

It is, perhaps, vain of me to ask indulgence towards a conjecture on a subject so To the Editor of the Monthly Magazine. little attended to as this, respecting the SIR, meaning of words; the readers indifference S a subscription edition of all Chatmay fecure to me a quiet possession of any. terton's remains is about to be pube error I may commit; but I should rather lished for the benefit of his filter and niece, meet a correction of the error, than add I beg leave, by means of your Magazine,




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