juft caft an eye upon the weeping ftag as defcribed by Shakefpear, he will easily perceive all I aim at

To the which place a poor fequeftered ftag, that from the hunter's aim had ta'en a hurt, did come to languish; and, indeed, my lord, the wretched animal heaved forth fuch groans, that their difcharge did ftretch his leathern coat almoft to bursting; and the big round tears courfed one another down his innocent nofe in piteous chace."

Shakespear, As you like it. What I would obferve then is that the very act of weeping, not its effects, is brought directly to our view by a particu larity in the defeription of which the Latin language is utterly incapable. In refpect of what is here exprefled, the words grandes, humeat and ora, in the other inftance are only general terms. Grandes may be conftrued large or big, but not big round; which gives the very shape of the drop. Humeat is expreffive enough of the effects of tears; but the wetting or moiftening of the face or cheeks does not reprefent the very act of their flowing as the correspondent fentence in the English does; where we fee them "courfe one another down his innocent nofe, and the piteous chace reaches to the very heart of the reader."

Now what does the comparison of thefe two paffages prove? It must be remembered, that it was introduced to fhew the defects of the Latin language, and the fuperiority of our own. But has it done that? all the preference which Shakespear's defcription can boaft is confeffedly owing to its minuteness. This minutenefs, according to our author's own acknowledgment, might, in Virgil, have funk the dignity of the circumftance. How, therefore, in the name of candour, could he take upon him to fay that of the particularity in SHAKESPEAR'S defeription the Latin language is utterly incapable? Is there one word in this paffage of the English poet for which there is no correfpondent word in the Latin? every boy in Westminster School knows there is not.

We meet with many other objections to the language and writings of the ancients equally trifling and inconclufive; fuch as that they were contrary to nature, &c. &c. all which are below our notice, as they are partially intended to exalt the immortal Offian above the poor blind bard of Greece, Offian, you must know, always paints from nature: Homer, feldom or never!

A report

A report of fome proceedings on the commiffion of Oyer and Terminer, and goal delivery for the trial of the rebels in the year 1746, in the county of Surry, and of other crown cafes. To which are added difccurfes upon a few branches of the crown law. Folio II. I s. in fheets. Withers.

A

MONG other circumftances which have contributed to render the law confufed, intricate, and uncertain, we may reckon the want of correctness, perfpecuity, and precifion in the report books, as one of the principal caufes. The reports of adjudged cafes have, for the moft part, been publifhed after their authors were dead; and the fole view of the editors, feems to have been to fwell the volume for their own profit. They appear to have had no regard to the reputation of the deceated, or any concern for the benefit of the purchafers, having indifcriminately collected cafes, of which many perhaps were taken while their authors were young in the profeflion, and others haftily sketched out, in the hurry of bufinefs, for private ufe only; the writer himself being able to fupply the deficiencies and rectify the inaccuracies with which they abound, by the help of his memory. They who have had occafion to compare the printed cafes with the records themfelves, beft know how erroneoufly and imperfectly they are reported, even in books of acknowleged authority. It is to be wished indeed, that the imprimatur of the judges, to books of this nature, had always been given with that caution and referve, fo efpecially requifite on fuch occafions: but it is to be feared, that they have fometimes yielded to Importunate folicitations, and from a miftaken tenderness and complaifance, have vouched for the learning and abilities of the author, without having examined how far either have been displayed, in the collection to which they have given the folemn Tanction of their names.

The learned judge however, who has obliged the public with the reports now under confideration, ftands in need of no fuch teftimony to recommend his works. His learning and abilities in his profeffion, have been long fince known and approved; and, what is more to his honour, his worth and integrity as a man have been univerfally applauded. We could wish that his health and leifure had permitted him to eularge this collection, more especially as the few cafes here published, are reported in the most full, clear, and accurate manner, and are occafionally illuftrated with very pertinent and judicious obfervations.

Sir Michael Fofter.

The

The author, in his preface, very properly obferves, (and fome late unhappy inftances too evidently prove the juftness of his reflections) that "no rank, no elevation in life, no conduct "how circumfpect foever, ought to terapt a reasonable man "to conclude that thefe inquiries do not, nor poffibly can, "concern him." He therefore recommends the difcourfes in thefe fubjects, in preference to every other branch of the law, to their attention, whofe birth or fortunes have happily placed them above the ftudy of the law as a profeffion. there are many niceties nevertheless in these cafes, which can be of fervice only to the profeffors of the law, we shall therefore confine our extracts and animadverfions to fuch matters as appear to be of moft general concernment: and the first of this nature, is the cafe of Æneas Macdonald, who was indicted on account of the share he had in the late rebellion.

As

The council for the prifoner, infifted that he was born in the dominions of the French King, and on this point they refted his defence. But apprehending that the weight of the evidence might be against them, as indeed it was, with regard to the prifoner's birth, they endeavoured to influence the jury and bystanders, by reprefenting the great hardship of a profecution of this kind against a perfon, who, admitting him to be a native of Great Britain, had received his education, from his early infancy, in France; had spent his riper years in a profitable employment in that kingdom, where all his hopes centered: and, fpeaking of the doctrine of natural allegiance, they reprefented it as a flavifh principle, not likely to prevail in thefe times; efpecially as it feemed to derogate from the principles of the revolution.

Here the court interpofed and declared, that the mentioning the cafe of the revolution, as a cafe any way fimilar to that of the prifoner, fuppofing him to have been born in Great Britain, could ferve no purpose but to bring an odium on that great and glorious event. It never was doubted that a fubject born, taking a commiffion from a foreign prince, and committing high treafon may be punished as a fubject for that treafon, notwithstanding his foreign commiflion. It is not in the power of any private fubject to fhake off his allegiance, and to transfer it to a foreign prince. Nor is it in the power of any foreign prince by naturalizing or employing a subject of Great Britain, to diffolve the bond of allegiance between that subject and the crown.

He was found guilty, but pardoned on condition of retiring out of his Majefty's dominions, and continuing abroad during

life.

life. Terms, we may add, which, even rebels themselves muft acknowledge, to have been mild and generous.

Among other curious cafes, we likewife find that of Alexander Broadfoot, which hath been in print, but never was published before. Broadfoot was indicted for the murder of Cornelius Calahan, a failor belonging to his Majefty's fhip the Mortar Sloop. The cafe was thus. Captain Hanway of the Mortar Sloop, had a warrant from the lords of the admiralty, grounded on an order of his Majefty in council, impowering him to impress feamen: and the warrant exprefsly directed. "That "the captain shall not entrust any person with the execution "of it but a commiffioned officer; and fhall infert the name "and office of the perfon entrusted on the back of the war"rant." The captain deputed the lieutenant, according to the tenor of the warrant and being at anchor in Kingroad, ordered the fhip's boat down the channel in order to prefs. But the lieutenant ftaid in KINGROAD on board with the captain.

The boat came up with the Bremen Factor homeward bound, and fome of the crew went on board in order to prefs; who being informed that one or two of the Bremen's men were concealed in the hold, Calahan, with three others of the boat's crew, went thither in search of them. Whereupon Broadfoot one of the Bremen's crew, called out and asked what they came for: he was answered by some of the prefs gang, "We come "for you and your comrades." Whereupon he cried out, "Keep back, I have a blunderbufs loaded with fwan fhot." Upon this, the others ftopped, but did not retire. He then cried out, "Where is your lieutenant ?" and being answered, "He is not far off," immediately fired among them. By this fhot, Calahan was killed on the spot, and one or two more of the prefs gang wounded.

The cafe being thus, the recorder, then Mr. Serjeant Foster, was of opinion, that the boat's crew having been fent out with a general order to imprefs, and having boarded the veffel exprefsly against the terms of the captain's warrant, every thing they did was to be looked upon as an attempt upon the liberty of the perfons concerned, without any legal warrant : and accordingly he directed the jury to find Broadfoot guilty of manslaughter. But this being a cafe of great expectation, and uncommon pains having been taken to poffefs people with an opinion that preffing for the fea fervice is a violation of magna charta, and a very high invafion of the liberty of the fubject, the recorder thought proper to deliver his opinion touching the legality of preffing for the fea fervice.

He

He freely confeffeth, that he has not met with one adjudged cafe, wherein the legality of preffing hath directly come in judgment. Nevertheless he labours to prove that the right of impreffing mariners for the public fervice is a perogative inherent in the crown, grounded upon common law, and recognized by many acts of parliament.

He obferves that a general immemorial ufage, not inconfiftent with any ftatute, is part of the common law of England and as to the point of ufage, he cites a number of commiffions, conceived in various forms, for the purpose of impreffing. As to Magna Charta, the learned judge remarks, "It is not pretended that the practice of preffing mariners for "the public fervice, is condemned by exprefs words in that "statute: and if it be warranted by common law, it cannot "be fhewn to be illegal by any confequences drawn from "Magna Charta--Befides, we know that Magna Charta "hath been exprefsly confirmed by many acts of parlia"ment and yet the practice of preffing mariners ftill con"tinued through all ages, and was never once mentioned in "any of thofe acts as illegal, or a violation of the great " charter."

Nevertheless the learned judge admits, that the legality of this practice was doubted of, in the time of Charles the firft, a temporary act being made in the 16th and 17th of that reign, authorizing an imprefs by admiralty warrants for a limitted time and the writer acknowledges, that, had temporary acts of that kind been frequen, or had the prace of preffing been difcontinued from the time of Charles the firft, unless when revived by fubfequent temporary acts, what has been faid upon the foot of antient precedents could, after all, have had very little weight. For, he freely declares that, "antient "precedents alone, unless fupported by modern practice, weigh very little with him in queftions touching the pre"rogative.'

For the fincerity of this declaration, the uniform tenor of the worthy judge's conduct, is the beft voucher: and as he has ever been the friend and patron of liberty, his judgment on this occafion will have the greater weight with all wife and good men. Nevertheless we may prefume, under correction, to offer fome animadverfions on the foregoing arguments.

It cannot be difputed but that " immemorial ufage, not in"confiftent with any ftatute, is part of the common law of "England:" and of the ufage, there can be no doubt. It therefore remains to be determined whether this ufage be in

confiftent