bar the entail; yet his conduct and conversation evidently demonstrate that he considered it as an unjustifiable and reproachful action; this is not much to be wondered at, considering his ignorance in point of law, and the disagreeable idea of the business Uncle Jona's attempt had made. What in Uncle Jona was perhaps censurable, would have been highly meritorious in my father. Is there any one who will say he was sensible of this?

Let any person who is acquainted with the nature of an entail put himself in my father's circumstances, and consider whether the plan he went upon was not the most inconsistent imaginable—a family of three children—a comparatively large portion of freehold—a small portion of copyhold, all in one estate, though under different tenures—to set aside the freehold entirely for one, and to carve in the copyhold for a widow and two children. Would it not have been more consistent and prudential, as soon as his title was fully established, to have cut off the entail immediately, and then he was ready for any occurrence, or else, to avoid expense, have made the next in succession (my brother) enter into some provisional agreement, not to take any advantage of his situation? Father never so much as hinted the least design of this sort, whether it was because he was not careful for his wife and two younger children, or from other causes, I leave to be determined.

E. & J. Robinson, as has been mentioned, were so obliging as to be present at the time of the settlement of my father's affairs, and to advise to the best of their knowledge; whatever my father knew about the entailed estate, I believe they will not hesitate to say they considered it as quite out of his power to devise it, either at that time, or at any other time; and likewise that no dower was claimable on my mother's behalf. Of course they could not but approve the distribution then made. Had they known my mother could claim dower, it seems to me they would have rather advised to increase sister's portion and mine, by dividing the copyhold into two instead of three portions; the debts, too, might have been laid upon the freehold, especially when it is considered that a great portion of them was spent in improvements and other incidental expenses to the freehold. These things might have been done, even if

brother had been disposed to take the utmost advantage of the situation of father's affairs at the time of settlement.

Facts relating to article 4th.—It appears from the nature of the case that I can claim no specific sum, because father never mentioned how he would have distributed his effects amongst us had they been unfettered; but if we may judge from the specimen he has given us in dividing the copyhold, his ideas have not been widely different from those of others who use their reason on such occasions: considering that we stood alike expensive to him in education, and alike circumstanced in every respect, except age, I doubt not he would have placed us upon an equal footing, because the same is reasonable, regard being had to the difference of our ages, by which I mean that we should have been on an equality at equal ages, or that my portion to brother's, taken at any given time, as at his death, would have been as 10 to 13 nearly. To do this at present would take above £200 from him to add to my part; whether disinterested persons who hear all on both sides will judge my right equal to this amount, or something less, or nothing at all; or that I am making all this stir through envy, or some other cause, I know not; they have a right to judge for themselves, and whatever their judgment be I shall not be greatly moved with it. As for myself, when I think about the matter (and who is there would not think about it, considering we were left as 18 to 1, or even as 10 to 1) I am unavoidably led to judge hardly either of my father or brother, on whatever side of the matter I look.

In the one case, supposing it was my father's positive will to leave us so, and that if he had possessed cash instead of land he would have done just the same, I am puzzled to account for his extreme caprice in placing sister and self at such a distance, especially as it was so inconsistent with the general tenor of his character.

In the other case, supposing his want of knowledge in the different points of law to have been the cause of this great distinction, it seems peculiarly uncharitable in a brother to make no allowances for such a circumstance, even if not compellable by law; and if the former were the true case, one would think he could hardly beeasy without making me some amends

for the injury done me by a piece of caprice, which neither he nor any one else ever pretended to account for.

ADDENDA. Having given the above statement into my brother's hand, he drew up his likewise and gave it to me to peruse. I have nothing to remark thereon till he comes to state our respective receipts, where he calculates the value of the freehold upon the supposition of an annuity for life: which calculation I think merits no notice, because he allows that by paying £20 the value will be increased £300, and because he would not part with the estate for the sum he has put down.

Also he places the fine on the tenancy amongst the encumbrances: I supposed the estate would bring £1000, though it might cost the purchaser £1000 and the fine: in other respects we differ no otherwise in stating his receipts than that I have taken round numbers. With respect to my receipts he has put down £20 that I have on the part of my mother, but do not know whether I can call it my own; it is hers if she demand it however this may be, if I be placed anything near on an equitable footing with him, I shall give it up to her.

He has put our legacies from uncle and sister into the account; this appears to me unfair, because these were contingencies which my father could not foresee, and therefore could not influence his conduct to us; and besides, if we had been equal before, these would not have much disturbed the equality; we ought then to ascertain the proportions which we have received from him, and which are nearly as I have stated above. JOHN DALTON.

KENDAL, 12 mo. 1792.

For the arbitrators in the above-mentioned case.

Appendix.

309

LIST OF DR DALTON'S PAPERS,

READ BEFORE THE MEMBERS OF THE MANCHESTER LITERARY AND PHILOSOPHICAL SOCIETY.

1. October 31, 1794. Extraordinary Facts relating to the Vision of Colours, with Observations.

2. November 27, 1795. On the Colour of the Sky, and the Relation between Solar Light and that derived from Combustion; with Observations on Mr Delaval's Theory of Colours.

3. April 7, 1798. Essay on the Mind, its Ideas, and Affections; with an Application of Principles to explain the Economy of Language.

4. March 1, 1799. A Paper containing Experiments and Observations, to determine whether the quantity of Rain and Dew is equal to the quantity of Water carried off by the Rivers and raised by Evaporation; with an Inquiry into the Origin of Springs.

5. April 12, 1799. Experiments and Observations on the Power which Fluids possess of conducting Heat; with Reference to Count Rumford's Seventh Essay.

6. June 7, 1799. On the Colour of the Sky, and the Relation betwixt Solar Light and that derived from Combustion; with Observations on Mr Delaval's Theory.

7. April 18, 1800. Experimental Essays, to determine the Expansion of Gases by Heat, and the maximum of Steam or Aqueous Vapour, which any Gas of a given Temperature can admit of; with

Observations on the Common and Improved Steam Engines.

8. June 27, 1800. On the Heat and Cold produced by the Mechanical Condensation and Rarefaction of air.

9. October 17, 1800. Philological Inquiry into the Use and Signification of the Auxiliary Verbs and Participles of the English Language.

10. December 12, 1800. Review of Dr Herschel's Experiments on the Radiant Heat, and the Reflectibility and Refrangibility of Light.

11. July 31, 1801. Read Part 1st of Mr Dalton's Paper on the constitution of Mixed Gases, &c.

12. October 2, 1801. Read Part 2d of Mr Dalton's Paper on the Force of Steam, &c.

13. October 16, 1801. Read Part 3d of Mr Dalton's Paper on Evaporation, &c.

14. January 22, 1802. On the General Causes, Force, and Velocity of Winds; with Remarks on the Seasons most liable to High Winds.

15. October 29, 1802. On the Proportion of the several Gases or Elastic Fluids, constituting the Atmosphere; with an Inquiry into the Circumstances which distinguish the Chymical and Mechanical Absorption of Gases by Liquids.

16. January 14, 1803. On the Spontaneous Intercourse of different Elastic Fluids, in confined circumstances.

17. October 7, 1803. On the Absorption of Gases by Water.

18. November 4, 1803.

On the Law of Expansion

of Elastic Fluids, Liquids, and Vapours.

19. February 24, 1804. A Review and Illustration