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larity in sects, is broile, then is the

just cast an eye upon the weeping stag as described by ShakeSpear, he will easily perceive all I aim at To the which place a poor fequeftered Itag, that from the hunter's aim had ta’en a hurt, did come to languilh ; and, indeed, my lord, the wretched animal heaved forth such groans, that their discharge did stretch his leathern coat almost to bursting; and the big round tears coursed one another down his innocent nose in piteous chace.

Shakespear, As you like it. What I would observe then is that the very act of weeping, not its effects, is brought directly to our view by a particularity in the description of which the Latin language is utterly incapable. In respect of what is here exprefled, the words grandes, humellat and ora, in the other instance are only general terms. Grandes may be construed large or big, but not big round; which gives the very shape of the drop. Humeilat is expressive enough of the effects of tears; but the wetting or moistening of the face or cheeks does not represent the very act of their flowing as the correspondent fentence in the English does; where we see them “ course one another down his innocent nose, and the pitecus chace. reaches to the very heart of the reader.” · Now what does the comparison of these two passages prove? It must be remembered, that it was introduced to fhew the defects of the Latin language, and the superiority of our own. But has it done that? all the preference which Shakespear's description can boast is confessedly owing to its minuteness.

This minutenels, according to our author's own acknowledgment, might, in Virgil, have funk the dignity of the circumslunce. How, therefore, in the name of candour, could he take upon him to say that of the particularity in SHAKESPEAR's desiription the Latin language is utterly incapable? Is there one word in this passage of the English poet for which there is no correspondent 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 trilling and inconclufive ; such as that they were contrary to nature, &c. &c, all which are below our notice, as they are partially intended to exalt the immortal Clian above the poor blind bard of Greece, Offian, you must know, always paints from nuture: Homer, feldom or never!

A report

A report of some proceedings on the commission of Oyer and Terminer,

and goal delivery for the trial of the rebels in the year 1746, in the county of Sarry, and of other crown cases. To which are

accel discourf's upon a few branches of the crown law. Folio " il. 'I s. in sheets. Withers. AMONG other circumstances which have contributed

A to render the law confused, intricate, and uncertain, we may reckon the want of correctness, perspecuity, and precifion in the report Looks, as one of the principal causes. The reports of adjudged cases have, for the moft part, been published after their authors were dead; and the fole view of the editors, seems to have been to swell the volume for their own profit. They appear to have had no regard to the reputation of the decealed, or any concern for the benefit of the purchafers, having indiscriminately colle&ted cafes, of which many perhaps were taken while their authors were young in the profeflion, and others hastily sketched out, in the hurry of bufincís, for private use only; the writer himself being able to supply the deficiencies and refrify the inaccuracies with which they abound, by the help of his memory. They who have had occasion to compare the printed cases with the records themselves, best know how erroneously 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 reserve, so especially requisite on such occasions : but it is to be feared, that they have sometimes yielded to importi:natc folicitations, and from a mistaken tenderness and complaisance, have vouched for the learning and abilities of the author, without having examined how far either have been di played, in the collection to which they have given the solemn sanction of their rames.

The Icarned judge * however, who has obliged the public with the reports now under confideration, stands in need of no such teftimony to recommend his works. His learning and abilities in his profeffion, have been long since known and approved ; and, what is more to his honour, his worth and integrity as a man have been universally applauded. We could with that his health and leisure had permitted him to enlarge this collection, more cípecially as the few cases here published, are reported in the most full, clear, and accurate manner, and are occasionally illustrated with very pertinent and juicious obfervations.

The * Sir Michiel Fofier.

. The author, in his preface, very properly observes, and fome late unhappy instances too evidently prove the justness of his reflestions) that " no rank, no elevation in life, no conduct “ how circumspcet soever, ought to ten pt a reasonable man « to conclude that these inquiries do not, nor possibly can, « concern him.” He therefore recommends the discourses in these subjects, in preference to every other branch of the law, to their attention, whofe birth or fortunes have happily placed them above the study of the law as a profession. As there are many niceties nevertheless in these cases, which can be of service only to the professors of the law, we shall therefore confine out extracts and animadversions to such matters as appear to be of moft general concernment: and the first of this nature, is the cate of Æneas Macdonald, who was indicted on account of the share he had in the late rebellion.

The council for the prisoner, insisted that he was born in the dominions of the French King, and on this point they rested his defence. But apprehending that the weight of the evidence might be against them, as indeed it was, with regard to the prisoner's birth, they endeavoured to influence the jury and bystanders, by representing the great hardship of a prosecution of this kind against a person, 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, speaking of the doctrine of natural allegiance, they represented it as a slavish principle, not likely to prevail in these times ; especially as it seemed to derogate from the principles of the revolution.

Here the court interposed and declared, that the mentioning the case of the revolution, as a case any way similar to that of the prisoner, supposing him to have been born in Great Britain, could serve no purpose but to bring an odium on that great and glorious event. It never was doubted that a subject born, taking a commission froin a foreign prince, and coinmitting high treason may be punished as a subject for that treason, notwithstanding his foreign commission. It is not in the power of any private subject to shake 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 dissolve the bond of allegiance between that subject and the crown.

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

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

Among other curious cases, we likewise 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 sailor belonging to his Majesty's ship the Mortar Sloop. The case was thus. Captain Hanway of the Mortar Sloop, had a warrant from the lords of the admiralty, grounded on an order of his Majesty in council, impowering him to impress feamen: and the warrant expressly directed. “ That « the captain shall not entrust any person with the execution cc of it but a commissioned officer; and shall insert the name c and office of the person 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 ship's boat down the channel in order to press. But the lieutenant said in KINGROAD on board with the captain.

The boat came up with the Bremen Fałtor homeward bound, and some of the crew went on board in order to press; 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 press gang, “ We come “ for you and your comrades." Whereupon he cried out, " Keep back, I have a blunderbuss loaded with swan fhot.”. Upon this, the others stopped, butodid 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 press gang wounded.

The case being thus, the recorder, then Mr. Serjeant Foster, was of opinion, that the boat's crew having been sent out with a general order to impress, and having boarded the vessel expressly 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 persons concerned, without any legal warrant : and accordingly he directed the jury to find Broadfoot guilty of manslaughter. But this being a case of great expectation, and uncommon pains having been taken to possess people with an opinion that pressing for the sea service is a violation of magra charta, and a very high invasion of the liberty of the subject, the recorder thought proper to deliver his opinion touching the legality of preiling for the sea service.


He freely confesseth, that he has not met with one adjudged cake, wherein the legality of presling hath directly come in judgment. Nevertheless he labours to prove that the right of impressing mariners for the public service is a perogative inherent in the crown, grounded upon common law, and recognized hy many acts of parliament. 7.

He observes that a general immemorial usage, not incon sistent with any statute, is part of the common law of England : and as to the point of usage, he cites a number of commissions, conceived in various forms, for the purpose of impressing. As to Magna Charta, the learned judge remarks, “ It is not pretended that the practice of pressing mariners for " the public service, is condemned by express words in that “ statute: and if it be warranted by common law, it cannot “ be shewn to be illegal by any consequences drawn from “ Magna Charta--Besides, we know that Magna Charta “ hath been expressly confirmed by many acts of parlia“ ment: and yet the practice of pressing mariners still con“ tinued through all ages, and was never once mentioned in “ any of those 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 first, a temporary act being made in the 16th and 17th of that reign, authorizing an impress by admiralty warrants for a limitted time : and the writer acknowledges, that, had temporary acts of that kind been frequen, or had the practice of pressing been discontinued from the time of Charles the first, unless when revived by subsequent temporary acts, what has been said upon the foot of antient precedents could, after all, have had very little weight. For, he freely declares that, “ antient “ precedents alone, unless supported by modern practice, “ weigh very little with him in questions touching the prec rogative.”

For the sincerity of this declaration, the uniform tenor of the worthy judge's conduct, is the best voucher: and as he has ever been the friend and patron of liberty, his judgment on this occasion will have the greater weight with all wise and good men. Nevertheless we may presume, under correction, to offer some animadversions on the foregoing arguments.

It cannot be disputed but that “ immemorial usage, not inconsistent with any statute, is part of the common law of “ England :” and of the usage, there can be no doubt. It therefore remains to be determined whether this usage be in


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