sionally resided in the mansion, which was erected from a design of Inigo Jones, and improved, or rather altered, by the Italian gusto of the earl of Burlington, itwould have proved classical ground to a nobleman possessing either taste or literature. But it was in this instance fated to appertain to a mere man of the world, who, like the fine lady mentioned by the bard of Twickenham, was ever ready to exclaim "O odious! odious trees!" Indeed, his Grace seems to have been precisely the hero designated in the cityToving lyrics of Captain Morris, the burthen of whose song is: "Of all groves-a grove of chimnies for me!" He accordingly betook himself, at length, partly to London, and partly to one of those small, trim, modern establishments called villas, where the clapper of St. Paul's may be distinctly heard repeating the hour, annexed to which is half an acre of herbage, generally dignified with the name of a paddock. There, within a quarter of a mile of Richmond, he resided during the fine weather, until in consequence, first of a dispute relative to a young lady, which became public, and then a law-suit for part of his lawn, which was claimed first by, and finally adjudicated to, the parish, his Grace at Jength withdrew wholly to Piccadilly, unless, during his turn for waiting on the king, while his majesty resided at Windsor. But this also was precluded, in consequence of an event which will be mentioned hereafter, when the duke was entered on the list of the red-lettered martyrology of Carleton-house, and excluded from all official communication with St. James's. Indeed, it was full time for his Grace to have retired voluntarily, as the writer of this has been pained at seeing him in the suite of royalty at Windsor, tottering along the terrace with his hat off, and exposing his denuded temples and his cheeks, which seemed to flush with colour rather han with health, to the keen searchings of an easterly wind, towards the latter end of August!-and all this for a thousand a year, and the honour of being a lord of the bed-chamber-on the part too, and in the person of a Scotch duke, marquis, earl, viscount; of an English baron; a knight of the thistle; and the richest subject in Europe, in the commodious article of ready money! In consequence of his former obsequiousness, he was honoured with the green riband we also find him, as is to be hoped for better reasons, uniformly chosen during six subsequent parliaments, as a representative peer of Scotland. To prevent the trouble however of future solicitation, in 1786 he obtained a patent as an English peer, by the style and dignity of Baron Douglas of Amesbury, in the county of Wilts. Through the whole of this long political career, we do not recollect the duke's name to have been once called in question during the contests of rival parties, unless at a pe riod when his Grace and the late earl of Sandwich openly declared themselves hostile to the ungodly and irreligious conduct of their former friend, the late John Wilkes, who happened to be engaged at that time in a violent opposition to the crown, or rather to the ministers of the executive power. On this occasion, the latter of these noblemen, to the great edification of the bench of bishops, denounced "the Essay on Woman" in the house of peers; while the former, with no less zeal, but as he then thought with more discretion, started a dependant of his own, the Rev. Mr. K. whose name has been since enshrined in the poetry of the celebrated Charles Churchill, against the profane member for Middlesex. "On this occasion," says a late writer, "his Grace's chaplain, burning with all the fervour of holy zeal, imprudently entered the lists with the author of the North Briton, when some of the many darts shot at the black gown of this officious priest, glanced against the ermined robes of his noble patron." It has already been hinted, that in 1788-9, the subject of this memoir took part with the prince, and regularly voted, during the regency discussion, against Mr. Pitt, the great and all-powerful minister of that day. The king's sudden recovery, reduced such of the cour tiers as had taken part with his Royal Highness, to a most disagreeable dilemna; for the statesman just alluded to, instead of a generous forbearance, seemed to consider the exercise of their acknowledged rights, as something only a little short of treason, being deemed worthy of incurring forfeiture of office at least. Accordingly, the marquis of Lothian was deprived of his regiment, and the duke of Queensberry of his post as lord of the bed-chamber. From that time to his death, the duke lived in great retirement, and for the most part occupied his house in Piccadilly alone. He had long before left the turf, and disposed of his house at Newmarket; Newmarket; his chief amusement now arose out of a taste for music, which, like his old friend and countryman, lord Kelly, he had cultivated in early life, and did not relinquish but with his existence. Both of them may be said to have felt the ruling passion strong in death." The one shone in the instrumental; the other in the vocal depart nent: the Scotch earl excelled on the fiddle; the Scotch duke displayed great taste in a song. Indeed, the latter was a munificent patron of musicians, especially foreign ones, and in his house were to be seen all the great singers who have been attracted to this country in succession by the reputation of its wealth during the last half century. The gallantries of the duke have long been a fertile theme of raillery; but, this is an object with which we shall not Sully our pages. The care of his health had lately been confided to the manage ment of Pere Elisée, who is said to have attended on Louis XV. during his declining years. His immense fortune, (no small portion of which is supposed to have been obtained on the race-ground) af forded at once the means of personal gratification in respect to himself, and generous interposition so far as con. cerned others. In regard to the first, fine lands, a good table, adinirable wines, splendid carriages and liveries, with a multitude of servants, dressed in green and silver, were not wanting; and we have heard as to the second, that he bestowed pensions on opera singers, gave 1000l. towards an election for Westminster, and doubled that sum in a very laudable manner, when a fund was raised to supply the wants of the widows and orphans connected with the British navy. It point of person his Grace was of the middle size, neat, slim, and at an early period of life, graceful and elegant. Ilis name for many years was the butt at which men of wit shot their arrows, and his life the subject of a variety of errors. In consequence of a speck in one of his eyes, a ridiculous story presailed that he wore a glass one; he was supposed to apply veal cutlets every night, to preserve his complexion; and also to make use of a milk-butt daily, which made many of his neighbours very cautious lest they should purchase that commodity at second-hand. As to peculiarities of a harmless nature, the subject of this memoir evinced a great variety. He spent the greater part of his latter years at the south-east extremity of his parlour bow-window, where he sat eight or ten hours daily. That he might discern objects more distinctly, both male and female, and at the same time be shaded from the light, a canvas blind was placed obliquely at an angle of forty-five degrees. Behind him stood a servant out of livery, who acted the part of a nomenclator, and pronounced the names of such of the passengers as were of any distinction. So uniform was his Grace in attendance during certain fixed hours, and of such long continuance of prac tice, that a gentleman set out for India in quest of a fortune, and on his return, after ten years absence, actually found him fixed in the same spot! His favourite poncy was saddled every forenoon, and stationed until the day of his death, nearly opposite the door, in constant readiness, precisely at the same moment as formerly. The duke of Queensberry, after a short illness, resigned all the vanities of this life, at his house facing the Green Park, on the 23d of December, 1810, in the 85th or 80th year of his age. Having never been married, he of course neither leaves a widow nor children, either to bewail or to represent him. His Grace seems to have fulfilled none of the great duties of society, self-preservation only excepted; and accordingly his name wil soon be forgotten by all out his legatecs, unless in the equivocal Records of Chiffe ney the jockey, or in the less perishable volumes of Weatherby's Racing Calen dar, The dukedom is extinct; the earidom descends to sir Charles Douglas, of Kilhead, bart. with a portion of the estates; another portion now appertains to the Buccleugh family, in consequence of similar cutails; and as for the immense personalty, it is pretty widely diffused by a will, of which this circumstance perhaps constitutes one of the chief me rits. SCARCE SCARCE TRACTS, WITH EXTRACTS AND ANALYSES OF SCARCE BOOKS. It is proposed in future to devote a few Puges of the Monthly Magazine to the Insertion of such Scarce Tracts as are of an interesting Nature, with the Use of which we may be favoured by our Correspondents; and under the same Head to introduce also the Analyses of Scarce and Curious Books. M "The Ancient Common-Law Right of associating with the Vicinage in every County, District, or Town, to support the Civil Magistrate, in maintaining the Peace. By Granville Sharp, esq.' AN being by nature a social creature, it is natural for him to associate with his brethren and neighbours, for common defence against all unjust violence; and such association being just and reasonable, as well as natural, we have not only a right thus to associate, but are even bound to do it, by a branch of the common-law, which cannot legally be changed: for it is fixed upon all men, in their respective districts and countries, as an indispensable duty, by "the law of nature and nations, that we may become assisting" (says Cowel, tit. 2.) "both to our parents and country; and repel force and injury: and from hence it comes," (says he,) "that whatsoever we do for the defence of our own bodies, is adjudged legal." For which he cites Bracton, 1. i. c. 6. num. 7. So the author of Doctor and Student, in his second chapter, concerning the law of nature and nations, and the law of reason, asserts, that, "by the law of reason, it is lawful to repel force with force; and that it is the right of every one" (fas est unicuique se tueri, &c.) "to defend himself and his property against unjust violence." And again, in his fifth chap. ter, concerning the first foundation of English law, reason, he again repeats the maxim, that "it is lawful to repel force with force for the defence of the body, due circumstances being observed." Now, as the laws of reason and nature are immutable, this natural right of associating for common defence and peace, and the natural right of every individual to repel force with force, in defence of himself and property, can never be an nulled by any act of parliament, but must ever be esteemed as immutable rights of the common-law, and must always remain in force, unless the government should unhappily cease to be legal, by setting aside the first foundations of the law! Ancient statutes, however, though not the foundation of these rights, yet bear ample testimony to the exercise 1 or usage of them: for, what is "the power of the countie," so often mentioned in the ancient law and statutes, but an armed association of the vicinage?— an association, from which no layman, from 15 to 60 years of age, was exempt. See Lambard's Eirenarcha, third book, p. 316, title, "Power of the Countie." "That the justices of the peace, sherife, or under-sheriffe. ought to have the aide and attendance of all the knightes, gentlemen, ycomen, labourers, servaunts, apprentices, and villaines; and likewise of wardes: and that of other yong men that be above the age of xv. years; for all of that age are bound to have har nesse by the statute of Winchester." See also in page 479 of the Eirenarcha, a farther testimony that the law requires all laymen not only to have arms, but also to be well exercised therein. See title "Archerie.' "If any man, being the queen's subject," (the author wrote in the reign of Queen Elizabeth,) “and not have reasonable cause or impediment, and being within the age of 60 years, (except spirituall men, justices of one bench or other, justices of assize, and barons of the exchequer,) have not a long-bow and arrowes readie in his house, or have not used shooting therein;" (which is a clear command to be exercised in arms;)" or have not, for every man-child in his house, (betweene 7 yeeres and 17 of age,) a bow and 2 shafts; and for every such, being above 17 yeeres, a bow and 4 shafts; or have not brought them up in shooting, &c. he loses 6s. 8d. for each month." And, under the saine head, he informs us, that, if any man, above the age of 24 years, "have shot at any marke under eleven score yards," (viz. one furlong, or 220 yards,)" with any prick, shaft, or flight," he shall lose 6s. 84. for every shot.' Also, if the inhabitants of any towne have not made and continued their butts as they ought to do,"-" lose 20s. for every 3 moneths;" (Eirenarcha, 4 book, p. 478, 479;) for which he cites 33 Hen. VIII. c. 9. in which, indeed, the obliga tion for every man to have arms, and be exercised therein, is expressed still in stronger terms, viz. that butts be made made, on this side the feast of St. Michael the archangel next coming, in every city, town, and place, by the inha bitants of every such city, town, and place, according to the law of ancient times used, and that the said inhabitants and dwellers in every of them, be compelled to make and continue such butts, upon pain to forfeit, for every 3 months so lacking, 20s.. And that the said inhabitants shall exercise themselves with long-bows in shooting at the same, and elsewhere, in holy days and other times convenient. And, to the intent that erery person may have bows of mean price, be it enacted, &c." § iv. and v. Thus the law not only permits, but absolutely requires, every person to have arms, and be exercised in the use of ibem. The exercise of the long-how was for merly esteemed the most effectual military discipline for the defence of the kingdom, and is so declared in another act of parliament of the same year, cap. 6. and, therefore, as the law, at that time, required every man to be exercised ir the use of the then fashionable weapons, the reason of the law holds equally good, to require the exercise of all men in the use of the present fashionable weapons, the musquet and bayonet. But even, at that time, the use of musquets or guns, was allowed to the inhabitants of all cities, boroughs, and market-towns, and for the very same reason (the defence of the realm,) by a provisional clause of the last-mentioned act, vi. "Provided alway, and be it enacted, &c. that it shall be lawful, from henceforth, to all gentlemen, yeomen, and serving-men of every lord, spiritual and temporal, and of all knights, esquires, and gentlemen, and to all the inhabitants of cities, boroughs, and markettowns, of this realm of England, to shoot with any hand-gun, demihake, or hagbut, at any butt or bank of earth, only in place convenient for the same," (whereby it appears that proper places for exercise should be appointed in every town,) so that every such hand-gun, &c. be of the several lengths aforesaid, and not under. And that it shall be lawful, to every of the said lord and lords, knights, esquires, and gentlemen, and the inhabitants of every city, borough, and markettown, to have and keep in every of their houses any such hand-gun or hand-guns, of the length of one whole yard, &c. and not under, to the intent to use and shoot in the same, at a butt or bank of earth Every temporal person was formerly liable to pecuniary penalties; "if he have not" (says Lambard) "and keep not in readinesse, such horses, geldings, weapon, armour, or other furniture for the wars, as, after the proportion of his abilitie, he ought to have and keepe." (Eirenarcha, book iv. c. 4, p. 480.) Thus stood the law so late as the latter end of Queen Elizabeth's reign, when the book last-cited was published; and the general tenor of the doctrine, respecting the right of Englishmen to have arms, hath since been confirmed by the Declaration of Rights in the Act of Settlement, (1 Wm. and Mary, st. 2, c. 2,) though it seems now to be limited to Pro testant subjects, viz. "That the subjects which are Protestants may have arms for their defence, suitable to their condi tions, and as allowed by law." This lat ter expression, "as allowed by law," respects the limitations in the abovementioned act of 33 Hen. VIII. c. 6, which restrain the use of some particular sorts of arms, meaning only such arms as were liable to be concealed, or otherwise favour the designs of murderers, as "cross-bows, little short hand-guns, and little hag-buts," and all guns under certain lengths specified in the act; but proper arms for defence (provided they are not shorter than the act directs) are so far from being forbidden by this statute, that they are clearly authorised, and "the exercise thereof" expressly recommended by it, as I have already shewn, And indeed the laws of England always required the people to be armed, and not only to be armed, but to be expert in arms; which last was particularly recommended by the learned chancellor Fortescue: "Et revera, non minime erit regno accommodum, ut incolæ ejus in armis sint experti."" Indeed, it will be of no small advantage to the kingdom, that the inhabitants be expert in arms." (De Laudibus Legum Angliæ, c. xliv. p. 106.) And, in the notes and remarks on this book, by the learned Mr. Justice Aland, we find the following observations to the same purpose. "In the ConfesSor's laws" (says he) it is, Debent universi liberi homines, &c. arma habere, et illa semper prompta conservare ad tuitionem regni," &c," "See" (says he) "the Among the ancient constitutions, or ordinances, of the kingdom, recorded in the Myrror of Justices, chap. i. § 3. we read that it was ordained, “that every one of the age of 14 years and above, should prepare him" (se apprestat) "to kill mortal offenders in their notorious erimes, or to follow them from town to town with hue and cry," &c. The true purpose and advantage of having all the inhabitants of this kingdom trained to arms is farther manifested in our old law books and statutes; as in the Westminster Primer, cap. xvii. on the case when any cattle are unlawfully taken and driven into any castle or strong-hold, &c. "Le Visc ou le Bailife prise ove luy poyar de son countie, ou de sa Bail', et voile assaier de faire de ceo repl' des avers a celuy qui les aver prise," &c. That the sheriff or the bailiff shall take with him the power of his county, or of his bailiwick, and shall endeavour to make replevin" (or recovery) "of the cattle from him that hath taken them," &c. And lord Coke remarks on this, "Nota: every man is bound by the common-law to assist not only the sherife in his office for the execution of the king's writs, (which are the commandments of the king,) according to law; but also his baily, that hath the sheriffe's warrant in that behalfe, hath the same authority," &c. (2 Inst. p. 193.) The attack of a castle or place of arms, must require disciplined troops; and therefore it was certainly necessary that "every man" so bound by the commonlaw to assist, should be trained to arms, in order to fulfil his duty. And the learned Nathaniel Bacon, in his historical Discourse of the Uniformity of the Government of England, (1st part, p. 64.) remarks, that the strength consisted of the freemen; and, though many were bound by tenure to follow their ords to the wars, and many were volunfiers, yet, it seems, all were bound upon call, under peril of fine, and were bound to keep arms, for the preservation of the kingdom, their lords, and their own persons; and these they might neither pawn nor sell, but leave them to descend to their heirs," &c. The common-law right of the people of England to have arms is also clearly expressed by the great and learned judge Bracton, one of the most ancient writers of our common-law, who is justly es teemed of unexceptionable authority. "Ei qui justè possidet, licitum erit cum armis contra pacem venientem ut expellat, cum armis repellere, ut per arma tuitionis et pacis, quæ sunt justitiæ, re pellat injuriam et vim injustam, et arma injuriæ," &c. (Bract. lib. iv. c. 4.) that is, “to him who justly possesses it shall be lawful with arms to repel him who cometh to expel, with arms against the peace, that, by arms of defence and peace, which are of justice, he may repel injury and unjust violence, and arms of injustice," &c. The late unhapy tumults prove, these principles of the English constitu tion are as necessary to be enforced at present as ever they were; for, had they not been fatally neglected and disused, the abandoned rioters would have been quelled and secured by the neighbouring inhabitants of Westminster, &c. in their first attempts; or, in case they had advanced towards the city, if the proper barriers had been reserved, the citizens would have had time to get under arms, to support their own magistrates in secu ring the peace of the city; for any attack upon the gates or posterns would have justified an immediate discharge of firearms, or other weapons, against the assailants, without waiting for the com mand of a peace-officer: and, as the inhabitants of each city and county are required to make good the damages sustained on such occasions by private individuals, it is plain that the inhabitants themselves, in their collective capacity, do form that proper power, from which the law requires the prevention of such damages, and the support and defence of the civil magistrates: for, otherwise, the law ought to have directed the damages to be deducted from the last preceding parliamentary grants to the army. If it be alleged that there can be no occasion, in these modern times, to arm and train the inhabitants of England, because there is an ample military force, or standing army, to preserve the peace; yet let it be remeinbered, that the greater and more powerful the standing army is, so much more necessary is it that there should be a proper balance to that power, to prevent any ill effects from it: though there is one bad effect, which the balance (howsoever perfect and excellent) cannot prevent; and that |