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Farious Tracts concerning the Peerage of Scotland, collected from the Public Record, Original Injiruments, and Authentic Mamufcripts. To which is annexed an Af pendix, containing many original Papers, &c. Edinburgh, 1791. 4to. 75. 6d. jewed. London. Murray.

THIS

HIS ufeful little work, published by Mr. James Carmichael, contains feveral interefting memoirs concerning the Scottish nobility. In his introduction the editor obferves, that the years 1320 and 1606 are the moft memorable in the annals of the peerage of Scotland: the former for their famous letter to the pope, in fupport of their independency; the latter for the proceedings before the commifiioners of James VI. concerning their precedency. At this parallel the reader may perhaps fmile, and think that real glory and perfonal vanity are trangely aflorted. A more remarkable epoch, forgotten by Mr. Carmichael, is that of 1488, when the Scottish peers almoft unanimoufly arofe against their fovereign, who fell in the conteft. The proceedings of 1606 are now pubiifhed, from the manufcripts of fir James Balfour, lyon king at arms to Charles I. which are preferved in the Advocates' Library at Edinburgh and the value of this article is encreafed by the circumftance, that the records of the privy council for that year are now lost.

The fecond part of this publication contains notices from the unprinted books of parliament, collected by the fame learned antiquary, about the year 1610, a period when the Scottish records were much more perfect than they now are. The appendix is taken from original inftruments, from papers write ten by fir Lewis Stuart, lord advocate under the reign of Charles I. and by the late George Chalmers, writer to the fignet; men of diftinguifhed abilities, and well known to the learned,' fays our editor; but we know not what the idea annexed to the word learned in Scotland may be, and are convinced that he must have uncommon learning who has ever heard of thefe gentlemen.

Mr. Carmichael clofes his introduction with a promife, that if the prefent publication meet with a favourable reception, he fhall proceed to offer another, by fubfcription, containing the continuation of the diplomas of the nobility, appearing on the face of the records (to ufe his own uncommon expreilion), with excerpts from Rymer's Feedera Anglie, fo far as concerns Scotland. We do not pretend rightly to understand Mr. Car

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michael's

Carmichael's Extracts concerning the Peerage of Scotland. 59 michael's meaning in this paragraph, but, fo far as we can difcover, his fecond work will be a fupernumerary toil, whereas that before us has no fmall pretentions to utility.

In the first part fir James Balfour has collected excerpts from the charters, produced by the feveral peers, in the noted conteft concerning precedency, A D. 1606; and he has adduced extracts from the records illuftrating the fubject. The nature of this part will not admit of much quotation, and we fhall content ourfelves with a small fpecimen from the beginning. ANGUSE.

'The earle Angus compeirit not.

'EX REGISTRO.

Georgius, comes de Angufe, pater Ifabellæ Douglas comitiflæ, de Mar et Garyoch, 9 Novemb. anno Chr. 1398. et 8 ann. regui Roberti III. in rotul. chartarum.

CRAUFUR D.

Compeirit comes Craufordiæ. Producit ane infeftment gine be the faid Robert the III. Dilecto fratri fuo Davidi de Lindefay, comiti de Craufurd, of the barony of Craufurd-cum quatuor punétis cerona et in liberam regalitatem, 10 Decem. Anno 9. Roberti II. in rotul. chartarum, &c.'

This part clofes with the dercee of precedency, iffued in 1606.

The fecond part contains the extracts from the unprinted books of parliament. They commence at the year 1434, and end at the 30th of Oct. 1505. Though this be the molt interefting divifion of the work, its nature will hardly admit of an extract; for, not to mention the uncouth language, its merit, taken in parts, is very minute, while the whole together fupplies a mafs of useful matter for various purposes of historical and conftitutional information.

What Mr. Carmichael terms a third part is fo brief, that it had better have formed the first article in the Appendix. It contains a certificate by the lord clerk regifter, fir James Murray, of Philiphaugh, concerning the ancient rolls of the Scottish parliaments, dated 27th Dec. 1705; mentioning the order in which the peers are arranged in the rolls, from the year 1469 to 1661; and the lords of the articles from 1471 to 1609. The firft article in the appendix is a tranflation of the fpirited letter of the Scottish nobles to the pope in the year 1320. The next is a copy of the firft charter of the principality of Scotland by Robert III. in the year 1404; and the third, a charter of the fame king, given in the capacity of guardian of the prince. No. IV. in the appendix is a memoir

concerning

concerning the principality of Scotland, written in 1752, by the late George Chalmers, improperly divided into other ar ticles, Nos. V. VI, VII. VIII. IX. X. XI. which ought all to have formed only one article. Mr. Chalmers proves very clearly that the principality ftands limited to the perfon of the king's eldest fon; and cannot by his death defcend to his fon, or any other apparent heir of the crown, but returns to the king. The queflion was occafioned by the death of Frederic prince of Wales.

N°. XII. or more properly N°. V. is the contract of marriage between Mary queen of Scots, and the infamous Bothwell, dated 14th May, 1567, from an original copy, in the archives of the Scottish admiralty. The next article is a letter from Mary to the laird of Smeiton, dated at Carlisle the 25th day of June, 1568, which being of fome curiofity, fhall be fubmitted to the reader in modern language.

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'We wrote to you lately concerning our proceedings: and ever thank you for your conftancy and fidelity to us, and our fervice, which you fhall not repent, with God's grace, not doubting that you will continue therein, without fuffering either danger or lofs by our enemies. The one we fhall reme dy very foon, God willing; and the other we fhall refund and repay you even to the last penny.

The laft meffenger, departed from us the 22d inft. and is to get his answer from the queen [Elizabeth] at his by-palling. If the will not affift us, we shall have both men and money from France. We expect an answer very foon, because Middlemore, on whose return from the earl of Murray it was delayed, paffed by here up throw the 23d inft. We have in the mean time got by chance fome writings of our enemies, which difcover many things, efpecially that different perfons of the court and council of England promife the earl of Murray all, kindness against us. Which writings when the queen fees (for we have fent them to lord Herries for that purpose), we are ailured fhe will be offended; yea, perhaps, forbid them to interfere further in our affairs. Thus referring our service to your faithfulness, we commit you to the protection of God Almighty.'

N°. XIV. contains diplomas of the nobility, taken from the records by a late deputy keeper, as far as the words of limitation are mentioned in the feveral patents. The first title is that of the duke of Rothfay; and our editor fhews that, according to Buchanan, and fir James Balfour, excerpts from a MS. by whom, dated 1627, are given, the eldeft fon of the Scot

tifh monarchs was not born, but created, duke of Rothfay. This question, lately agitated with the violence of party, we may have an occafion to examine on a future occafion: at prefent we fhall only obferve, that the equality of parties in the laft election has occafioned a bold refearch, whether the prince of Wales had a title to vote, never having received formal inveftiture of his Scotifh honours; though by fome fuppofed indifpenfable, not only for that effect, but to prevent his titles of duke of Rothfay, earl of Carrick, lord of the ifles, and of Kyle and Cunningham, and baron of Renfrew, from being mere ufurpations. The other diplomas are chiefly thofe of the peers, whofe votes were objected to at the laft general election. Mr. Carmichael concludes his collection with the roll of the Scottish parliament, A. D. 1706, called the Union Roll.

The editor deferves thanks for this publication, particularly of the parts extracted from the manufcripts of fir James Balfour. We wish that more attention were paid to ancient papers of real merit in Scotland, and recommend the publication of other curious manufcripts in the Advocates' Library: our northern brethren have too long lamented the lofs of their records, and, nevertheless, continued to increafe that lofs by a complete neglect of those that remain.

An Inquiry into the Nature of Zemindary Tenures in the landed
Property of Bengal, &c. in two Parts; with an Appendix.
With fome prefatory Remarks on a late Publication, entitled, a
Differtation concerning the landed Property of Bengal. By
James Grant, late Serrifhtehdar of Bengal. 2nd. Edition.
4to. 55. fewed. Debret. 1791.

MR.

R. James Grant, the author of this publication, from his former official fituation, and other advantages, is eminently qualified to judge of the prefent fubject, which is interefting in many refpects. The matter at iffue is, whether the Zemindars are feudal and heritable proprietors of their diftricts; or only collectors of the royal revenue from the Ryots, or hufbandmen, with a fixt allowance for their labour. As European nations have not yet attained that degree of practical wisdom neceffary even to form a juft idea of the veneration paid by the Afiatics to those most useful characters in fociety, the cultivators of the foil, it is no wonder that a fovereign, the fole proprietor of land, as reprefenting the bodypolitic, and innumerable hufbandmen his immediate tenants, prefented a group abfolutely grotefque, and unexampled, even to the English, accustomed to deeply-rooted ariftocratical

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or rather oligarchical ideas. This obfervation is not intended to prejudge the queftion; but to guard our minds against a prejudice, which might perhaps induce an erroneous decifion, from analogy with our own forms of property.

Mr. Grant informs us, in his preface, that he was originally led to this difcuffion by obferving the inconclufive speculative mode of reafoning adopted on this fubject in the depending impeachment: and he mentions the idea of a proprietory right in the Zemindars as quite a new doctrine. He then proceeds to offer fome remarks on Mr. Roufe's differtation concerning the landed property of Bengal. This gentleman is fupported by the whole force of administration and of op pofition, who unite in afcribing proprietary rights to the Zemindars, as confonant to European policy; and, it may be added, to the influence of a king upon an oligarchy, and of the oligarchy upon the people, which forms the leading mode` of European governments: fome of which have acted without kings, but none without an oligarchy; and as to the agricultors, or people in general, one might conclude from the forms even of the English government, that none such existed; the Popululque Romanus, or the AHMO of the Greeks, being paffed in total oblivion, in every public deed or ordinance. When fuch is the cafe, perhaps the French alone can form a notion of king and people, familiar to the heroic times of the Grecks, and now fuppofed to exift but in a different and defpotic form in India. I have affigned,' fays Mr. Grant, to the fovereign in India the proprietary rights and functions of a British freeholder; and have left to the Zemindar all thofe which belong to him by cuftom, or grant, being very little more than what fall to the fhare of a steward of the great eftates in this country, as a reward for his trouble and management.' The Ryots, as hufbandmen, he computes at four fifths of all the males in the country.

The policy of acceding to Mr. Roufe's propofition, if it should be unfounded in fact, with all the accompanying reafoning upon it, is a matter of fecondary confideration, that may be poftponed until the prior question hath first been regularly difpofed of; though it might be remarked in the way of anticipation, that enjoining under parliamentary authority, a strict adherence in Bengal to the exiting regulations of the Mogul empire, if found to exclude great intermediate proprietary landholders, yet admitting of landed property as before defcribed in favour of the peafantry univerfally, would apparently be a measure so far from involving a folecism in politics, that, on the contrary, it must unite the advantages of a neceffary defpotic government, with all the eafe,

freedom

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