2/m/é legiflation. Yet fuch is the cafe, if the poors-rate is to be 66 • Upon as accurate an investigation as I have been able to bestow on the fubject, I am inclined to think that "Scot and lot" had not originally a fpecific fignification expreffive of any particular local or parochial taxes as I once conceived (Supra, vol. i. p. 140). Both words are of Gothic or Teutonic origin, and are found in all those modern languages which have German, or Latin with a certain proportion of German intermixed, for their bafis. Schofs" in modern German, and "Scott" in Dutch, mean impoft, tax, contri-bution" in general. Scotto in Italian, and Escot or ecot in French, are, I believe, only used in the fame familiar fense with "hot" in English, for the thare of reckoning. "Schot-vry, in Dutch, correfponds exactly to our phrase "fcot free ‡," and "schot in lot," in that language, is explained to mean the fame thing with "Schot," taken alone. So, I am perfuaded, "fcot and lot" is a mere tautology in English, adopted for the fake of the jingle in the found; there being many inftances of a like fort in all languages. In the laws relating to the fewers both words are indifferently applied to the affeffments made by the Commiffioners. This appears-By the extracts from the ordinance concerning Romney Marsh cited in Spelman (Title feet and fottum); - By the flatute of 23 Hen. VIII. cap. 5. where mention is made of perfons affeffed to any lot or charge by the commiffioners of fewers;-By the ftatute of 3 and 4 Edw. VI. cap. 8. which fpeaks of all Scots lots, and fums of money," taxed by virtue of the commiffioners of fewers;-By 7 Ann. cap. 10. which mentions lot or charge as fynonimous;-And by many other inftances which might be adduced. Scot, foot, or lot, therefore, was the share paid of the particular contribution which happened to be in 66 "Il s'arrêta triflement à la porte d'un cabaret. Deux hommes babillés de bleu le remarquerent: Camarade, dit l'un, voil♣ un jeune bomme tres-bien fait, et qui a la taille requife: Ils s'avancerent vers Candide, & le prierent à diner tres-civilement. Meffieurs, leur dit Candide, avec une modeftie charmante, vous me faites beaucoup d'honneur, mais je n'ai pas de qui payer on fcot." Cand. ch. 2. The popular fenie of the expreffion" fcot free" may be well illustrated by the following example. "It was a rule with this great chancellor (Bacon) not to fell injuftice, but never to let juftice go feat-free." Cited in Hurd's Dial. contemplation 의 66 contemplation when the term was employed, whether it was an affeffment for the fewers, a reckoning in a tavern, or the parochial taxes. The argument of the counfel for the petitioner in this cafe of Peterborough, drawn from the expreffion" bearing lot," is rather ingenious than conclufive; for taking" lor" (as I have supposed) to be fynonimous with "fcot," and to fignify a fum of money, "to bear lot" would be a very proper expreffion, as we say to bear an expence," or to "bear a tax." In the ftatute for regulating elections within the city of London (11 Geo. I. cap. 18.) paying to the rates in lieu of watch and ward," is enumerated among the circumftances which in London conftitute the payment of fcot. It must be acknowledged, that in the fame ftatute there feems to be a diftinction made between the payment of fcot, and the bearing lot. The electors of aldermen and common council-men must be, perfons paying fcot, as therein defcribed, and alfo "bearing lot when required." But it does not at all appear what is meant by bearing lot." It is likewife fpecially enacted, that they must be boufeholders, which feems to be an acknowledgment of the legislature, that the defcription of "paying foot and lot" does not neceffarily comprehend the qualification of being " a householder."-I am informed by a very ingenious friend, and one well acquainted with the laws of Scotland, that the expreffion of " To fcot and lot" in the burgefs's oath in that country, does not, nor, as far as he can learn, ever did, mean to pay any determinate specific tax or duty," but only the burgess's proportion of the common taxes and fervices affecting the borough. 66 However, the fenfe of "fcot and lot' in the refolutions of the House of Commons is not to be ascertained by the ancient meaning of the words, or by arguments drawn from their etymology, or their fignification in other languages or countries. There are no decifions on the rights of election in the Journals, till the reign of James I.; after the poor rate was established. Most of thofe concerning boroughs where the right is declared to be in perfons paying fcot and lot (of which there are in all about thirty, befides agreements with regard to about twelve more) have been made either in the present century, or towards the end of the laft; and it is clear that in modern times "Scot and lot" has always been understood to mean parish taxes, or parish payments;" which laft is Dr. Johnson's explanation. (Vide Johnfon's Dict.) Thefe determinations will all be found to have been made upon evidence concerning the poor and church-rates. We muft, therefore, I think, conclude that the House, by "the payment of fcot and lot" have meant the payment of those taxes, and nothing else. " There is, indeed, one very forcible argument against confidering "the payment of fcot and lot," in determinations on the rights of election, peculiarly to mean, "the payment of the poor rate," and it is this; although, by the ftatute of Geo. II. the last determination of the Houfe is final, and becomes law, however abfurd or unjuft; yet ftill, in reafoning on the fubject, we must fuppofe that, where the right of election in a maiden borough has come to be decided by the House, and where that right does not depend on any charter, but is preferiptive, the decision is formed on evidence of prefcriptive ufage, and that it is only a declaration of what the right has been beyond time of memory. Now it is asked, How is it poffible that, where the House has declared a prefcriptive right of election to be in the payers of scot and lot, they should mean thofe who pay the poor's tax, fince that was unknown till the time of Queen Elizabeth? The truth is, the rule of legal prefcription cannot be applied to this fubject; for, in the first place, according to the fyftem of a great many writers on the constitution, the representation of boroughs commenced confiderably within the time of legal memory; and, fecondly, there are numerous inftances where the right of election refting merely on ufage has been determined, or agreed, to depend on circumftances whose existence is of fo much more modern date than the period fixed by the law, as the boundary of legal memory. In fuch cafes, where there has been a determination, to try them by the rule of prefcription would be impoffible, and even where the right has been long acquiefced in, and undisputed, without a determination of the Houfe, it would occafion the utmost confufion.' * The fuggeftions thrown out by this ingenious Writer, in the clofe of the last paragraph, require a very attentive confideration. It is not our defign to revive the dormant controverfies that have existed on this fubject: we would refer ourselves to the private opinion of those who are verfed in parliamentary learning. The great danger is, left the right of voting, by the neceflary influence which precedents carry with them, come to be confidered as an appendage to the poor-laws. The miserable fhifts and lame expedients that have, from time to time, been adopted in order to * patch up the flaws in this branch of our police, may convince us that it is a very unfafe bafis for fo valuable a franchise to reft upon. Parish officers are generally men in an inferior ftation; and though they may be proof against the touch of corruption, they are expofed to an influence no lefs dangerous arifing from party and prejudice. What fecurity have we that they will not apply the power with which they are intrufted to election purposes, by garbling the poors-rate? The controul of the quarter-feffions is not, in every cafe, an adequate remedy, much lefs a barrier against such abufes. Such of our Readers as wish to purfue the fubject will find many valuable hints on this head interfperfed throughout Mr. Douglas's publication. In the cafe of Southampton, the queftion concerning the eligibility of fheriffs to ferve in parliament is accurately difcuffed. We fhould be carried beyond our limits were we to give an abftract of this important argument: important indeed! if we lay any stress on the following fuggeftion of the petitioners counsel: • If any arguments ab inconvenienti are to weigh in this question, the danger to the conftitution, if the King were to have it in his power to exclude fifty-two of the principal friends to the in • Vid. Blackft. Comm. b. i. c. 9, on the Poor-laws. terests terefts of the people from the Houfe of Commons, on the eve of a general election, is of much more ferious confideration than any difadvantage that can be alledged as a confequence of the eligibility of fheriffs.' But perhaps the moft ufeful part of this collection (as far as practice is concerned) will be found to confist in faithfully preferving the determinations of the Committees, on points of evidence that arife in the conduct of the different caufes. To the chief of thefe' (fays our Author, in the cafe of Worcester) I paid particular attention, and have given a faithful ftate of them; being daily more and more convinced, by my attendance in election causes, that it is highly neceffary that certain fixed rules, with regard to evidence, fhould be adopted and adhered to by all Committees, and that the determinations of former Committees on this fubject fhould be preferved in writing; because, if they are not, they will be cited and urged as autho rity to other Committees, from mere memory, which is extremely fallacious, and grows daily more fo as the intervening diftance of time increafes.' Beyond this line, we have our doubts whether the history of thefe caufes (as the Author guardedly intitles his publication) can operate as precedents in the legal meaning of the term; or, in other words, have equal weight with judgments of the courts of common law. A moft material defect, of which Mr. Douglas feems fenfible, arifes from the Committees not delivering the reafons upon which their decifions are grounded. To compare the determination, in every inftance, with the ftate of the cafe, and thus to infer the points ncceffarily decided upon, is a very delicate and hazardous operation. To fupply the chafm by conjecture, is giving fcope to ingenuity, and to the talents of reasoning; but is, we apprehend, totally fubverfive of the technical meaning annexed to the word precedent. This point, however, muft be left to the future difcuffion of the gentlemen of the long robe. Whatever rules may hereafter be adopted in the exercife of this new jurifdiction, the advocates of Mr. Grenville's bill have every reafon to think highly of the prefent work. The clofe attention paid by Mr. Douglas to the great objects of this bill, and the liberal fpirit with which his obfervations are communicated to the Public, will contribute, in no fmall degree, to its improvement, by pointing out the proper means to remove thofe obftacles which unavoidably embarrass every innovation with respect to the ancient forms of proceeding. For our account of the two preceding volumes of this work, fee Review, vol. liii. p. 483. K's Friend ART. V. Artificial Memory, or Plan of an historical Chart, reprefenting, at one View, the Rife and Progress of the principal States and Empires of the known World. 10 s. 6d. Edinburgh, Balfour and Bell. Sold by Cadell in London. IN N early ages, men of fuperior talents, or fuperior fenfibility, were happily employed in obferving the order of nature, and in discovering truths useful to themselves and others. By flow degrees and repeated obfervations the general laws of the natural world were inveftigated; the fciences were formed; and man was raised from a ftate of brutal ignorance and ferocity into that of a focial and intelligent being. His firft inftructors were diftinguished by honourable titles; and, in the native warmth of gratitude, the people deified and adored their benefactors. Whoever reads even the imperfect hiftories that are come down to us of the first discoveries and progrefs of the sciences, and confiders with what repeated exertions and trials they have been gradually advanced to their prefent perfection, will not fail to catch fomething of the fame enthufiaftic admiration for those tranfcendent geniufes who have illuminated the dark ages of the world; and when they look upon a watch, an almanac, a geographical map, or chronological table, will confider that thefe inftruments of fcience, which every body now can enjoy the use of, are the refult of the accumulated observations of the greatest men in every age of the world. These reflections are particularly applicable to chronology, the ftudy of which is very ancient, and the progress of which has been extremely flow: but although confidered as a science, it has always been fubject to great difficulties, and may further employ the confideration of philofophers, yet its general principles have been long fufficiently afcertained to render it a neceffary and ufeful light to the hiftorian. The ingenuity and induftry of chronologers have produced a multitude of volumes upon this subject, both scientific and practical, which ferve to amufe the learned, and terrify the ignorant: but of late years the practical part of this science has been brought into a small compafs, and exhibited with great perfpicuity in tables for common ufe, which may be confulted by all who read hiftory with the fame facility as a geographical fo that no one who wishes to ftudy history to advantage, map; can now have any excufe for blundering in the dark, without referring each important event to its proper time and place; and we hope parents and mafters will be peculiarly careful that their children and pupils do not get the habit of reading either geographical or historical books without attentively confulting correfponding maps and tables of chronology. Of |