Its hue, amid the verdure of foliage, is a pleasing, chastifing tint.' Vol. i. p. 85.

• Colours dipped in heaven.' Ib. 92.

• These meteor forms, this rich fluctuation of airy hues, offer fuch a profufion of variegated fplendor, that they are continually illuding the eye, with breaking into each other; and are loft, as it endeavours to retain them.' Ib.

Sometimes, also, when the whole lake is tranquil, a gentle perturbation will arife in fome diftant part, from no apparent caufe, from a breath of air, which nothing else can feel, and creeping foftly on, communicate the tremulous fhudder with exquifite fenfibility over half the furface.' lb. 105.-Here, indeed, he refers to Ovid,

exhorruit, æquoris inftar,

Quod fremit, exiguâ cum fummum ftringitur aură.

No pool, no river bay, can prefent this idea in its utmost purity. In them every cryftalline particle is fet, as it were, in a focket of mud. Their lubricity is loft.' Ib.

These rude, romantic, picturesque + fcenes are objects peculiarly agreeable to artifts. The reafon is, that extended space, and large dimenfions, produce a ftriking effect on canvas, and are more eafily executed than thofe that require a more thorough inveftigation, knowledge of the parts, and higher finishing. It is true, that a grand scene bursting out at once upon us, ftrikes the mind with wonder and furprize. We fee it with awe, and a fort of fear and terror. Thefe emotions, as Mr. Burke fays, are fources of the fublime, and, we fuppofe, may be proper fubjects for the pencil; but they are not always beautiful. The GRAND and BEAUTIFUL may feem nearly allied; but they are often as different as GREAT and GOOD. Beauty is not only pleafing to the eye, but should delight the mind; but what delight can we receive from viewing the gloomy, inhofpitable retreat of a melancholy anchorite, or in the furvey of barren rocks, the haunts, perhaps, of favage beafts, or [in fome countries] more favage Banditti ?

Beautiful objects are those whofe captivating forms imprefs and delight the mind through the medium of the fenfes. We are charmed with scenes of plenteous vegetation, or rich cultivation, with feeing the human or brute creation in their perfection, or in viewing mankind employed in honeft labour, ór rejoicing in innocent amufements; or any thing that tends to the convenience or pleasures of life. The foundation of this

* We do not remember to have known this word ufed in this fenfe. Why not its undulating motion, or mobility? Though, perhaps, these would not fully exprefs our author's idea.

The word feems to be naturalifed: fo let it país.

pleasure

pleasure is what we commonly underftand by the term HUMANI TY; and hence it is, that fuch objects afford us an inward delight, and well-founded fatisfaction: and the mind, thus harmonized, is naturally and juftly led to admire and adore the great Author of every thing good and beautiful. But to return to the ingenious Obfervations before us.

By the figures of the horse, the bull, and the cow, Mr. G. explains the nature of picturefque beauty; which confifts in variety of form, and brilliancy of colour: but being generally wild, uncultivated nature, and the artist not being tied down to the strict rules of proportion, he copies with eafe, and, confequently, with pleafure; as he raifes, diminishes, exaggerates, and colours, as beft fuits his defign of giving force, distance, or brilliancy to his performance. For this reafon, he finds more pleasure in painting a cow, an afs, or a wild boar, than a fine horse, or a human figure; whofe parts being of a precife form, require a strict imitation, and more extenfive knowledge.

The obfervations on compofition, illuftrated by groupes of fheep, &c. are juft; but they do not throw much new light on the subject; and it feems rather unneceffary to take any confiderable pains in proving what has often been evinced before, and is almost self-evident.

With respect to these picturesque beauties, in general, we cannot help thinking that, in feveral inftances, our Author's lively defcriptive talents have been fomewhat too lavishly employed, on fubjects that do not altogether merit fuch great attention. The principal objects, indeed, are furprizingly grand, and correfpondent with the emphasis, ftrength, and delicacy of his expreffions; but the reft feem, for the most part, a fucceffion of dreary rocks, and lakes, with few diftinguishing features. Mr. G. has, perhaps, been fenfible of this; and, therefore, to prevent the languor that might poffibly have been produced by the want of variety in his defcriptions, he has plenteously decorated and enlivened them with poetical quotations, and a profufion of the choiceft epithets; fo that, however barren his rocks, or gloomy his mountains, there is fufficient fertility in his details. of them.

But though we have been obliged to animadvert a little on our Author's ftyle, as wearing, in fome degree, and in a few places, the femblance of affectation, and as running too much into the flowery fashion of the age, every reader of tafte will own, as we do, with pleasure, that the work is, on the whole, a highly finished, and richly coloured picture of natural and beautiful objects, of various kinds. When Mr. G. introduces us into a wild, rocky fcene, his language is, in general, so well fuited to the subject, and fo artfully heightened with suitable quotations, that we feel ourselves impreffed with a fecret awe,

mixed with wonder, aftonifhment, and terror.-What an admirable effect on the mind has his charming extract from Offian's defcription of the dreadful circumftance of a benighted traveller, perifhing in a ftorm, amidst the wild rocks and hideous mountains of the North!

Speaking of the beautiful lakes of Windermere, Kefwick, &c. he naturally runs into a digreffion on painting, in which he not only points out the particular ornaments of the places, but gives his readers the grounds and reafons of the pleafure which these beauties or embellishments afford to them: by which means the tafte of the amateur is formed on juft principles.

爨

The ancient ruins, caftles, monafteries, &c. which the Author notices, lead the mind to recollect and contemplate the hiftory of paft times. Thus the Life of the Countess of Pembroke, and the correfponding view of the Caffle which that extraordinary lady inhabited, prefents the reader, and spectator, with a lively idea of the unrefined manners and ruftic modes of our anceflois, who lived in what their more polifhed defcendants affect to ftyle the ruder ages.

In the improvements at Netherby, we are gratified with feeing the advances made in the laudable arts of humanity and cultivation, contrafted with the fevere virtues, the narrower views, and the barbarous atchievements of former times.

In his notes on the different houfes, gardens, and improvements of feveral noblemen and gentlemen, Mr. G. has difplayed great knowledge, and a refined tafte. He has not only re

marked

* As a finall fpecimen [we regret that we cannot, at this time, make room for larger extracts] of Mr. G.'s agreeable manner of defcribing, we have felected his curious account of the celebrated echoes at Ullefwater, fituated between the counties of Cumberland and Westmoreland; which will ferve as a fupplement to the accounts that have been given of the equally furprising ecchoes at the Lake of Killarney, in Ireland: Sce Rev. vol. xvii.

The Duke of Portland, we find, having property in the neighbourhood of Ullefwater, has a veffel on the lake, with brafs guns, for the purpose of exciting echoes. On thefe occafions, fays our Author, a cannon is diftinctly reverberated fix or feven times. It first rolls over the head, in one vaft peal.-Then fubfiding a few seconds, it rifes again, in a grand, interrupted burft, perhaps on the right. Then the found rifes again on the left. Thus thrown from rock to rock, in a fort of aerial perspective, it is caught again, perhaps, by fome nearer promontory; and returning full on the ear, furprifes you, after you thought all had been over, with as great a peal as at first.

But the grandeft effect of this kind, is produced by a fucceffive dif charge of cannon; at the interval of a few feconds between each difcharge. The effect of the first is not over, when the echoes of

the

marked their various kinds of beauties, but he points out inftances where fome have erred, either by injudiciously imitating others, or by attempts at refinement, without confulting nature, or knowing the rules of compofition.

Although we have remarked, that the prints which decorate this work, do not perfectly come up to the defcriptions, yet we apprehend, that were not the Author's defcriptive ftyle to exuberantly rich and luxuriant, the views, foft and beautiful as they are, would be very de fervedly admired, even by the beft connoiffeurs. We cannot take our leave of this uncommon production, without. heartily thanking the truly ingenious Author, for the entertainment as well as the information which hath been afforded us, in the perufal of thefe elegant volumes.

ART. XII. Sir Edward Coke's Commentary upon Littleton. The thirteenth Edition, revised and corrected; with the Addition of Notes and References, by Francis Hargrave, Efq; and Charles Butler, Efq. Concluded.

IN

N our Review for the last month, we thought our remarks on Mr. Hargrave's fhare in the Edition before us were brought to a proper Conclufion. We gave that Gentleman's note on the office of Lord High Conftable, which of course included the trial by battle, and the caules that made it fall into difufe. The trial by jury, the pride and boaft of Englishmen, ftill remains; and it may be right in this place to prefent to our Readers what Mr. Hargrave fays on this interefting fubject.

In the note, a, p. 125, he oblerves,

Both in civil and criminal fuits, the common law is very nice in requiring every ifluable fact to be alleged not only within a county, but alfo within a parish, town, or hamlet, or for want of either of thefe, fome other known place of the fame county, not being a hundred, which probably was excluded as too large a divifion. If this rule was not obferved, it might be pleaded in abatement, or otherwife taken advantage of, according to the ftage of the fuit. Cro. Eliz. 260. The neceffity of having the county named is very obvious, as otherwife it could not be known whether the court had jurifdiction, who was the proper officer to whom procefs fhould be directed, or whence the jury was to come. For this exactness the principal reafon was, that if iffue was taken on the fact alleged, it might be tried by a jury of the vine or neighbourhood, which our ancestors conceived more likely to be qualified to investigate the truth, than perfons living at a diftance from the fcene of the tranfaction. For

the fecond, the third, or perhaps of the fourth, begin. Such a variety of awful founds, mixing and commixing, and at the fame moment heard from all fides, have a wonderful effect on the mind; as if the very foundations of every rock on the lake were giving way, and the whole fcene, from fome flrange convulfion, were falling into general ruin.'

this purpose, the venire facias always directed the Sheriff to fummon a jury from the neighbourhood of the parish or place within which the fact to be tried was alleged. And this was not mere form; for if at least four of the hundred in which the place was fituate were not included in the panel given in by the fheriff, it was a good caufe of challenge to the array, or the whole jury returned. But this reftricting every vifne to a particular part of the county, though well intended, was followed with great inconveniencies. It encouraged trivial objections even after the trial. At length the grievance became fo intolerable to fuitors, that parliament interpofed, and feveral ftatutes were made. The 21 James I. cap. 13. gives aid after verdi&t, where the vifne is partly wrong. The 16 and 17 Car. II. cap. 8. goes further, and cures the defect of the vifne wholly, provided the caufe was tried by a jury of the proper county, without any regard to the part of the county from which they came. And finally, the 4 & 5 Anne, cap. 16. directs, that every venire facias fhall be awarded from the body of the county in which the action is triable.

But these statutes do not extend to indi@ments, or other criminal fuits; nor has any act yet been made to include fuch proceedings. The 24 Geo. II. cap. 18. applies only to actions on penal ftatutes. Why a regulation fo convenient fhould be thus confined to civil cafes, feems unaccountable. However, though the ancient law continues in force as to trials for crimes, yet it hath been long deviated from in practice; and Lord Hale obferves, that during his time he never knew an inftance of a challenge for want of hundreders in treafon or felony. He adds, that the Sheriffs, as he was well informed, always fummoned juries from the county at large, without regard to the place or vifne of each indictment. See 2 Hale's Hift. Pl. C. 272. Under fuch circumftances, retaining the form of a vifne from the particular place of the county in which the crime is alleged, can ferve no purpose but that of delay and embarrassment, whenever an accufed perfon fhall chufe captiously to exert his right of challenging for default of hundreders.'

We do not recollect whether Sir John Hawkins has enumerated this challenge in his long lift of modes by which a prifoner may elude the law. If he has omitted it, the knight of laborious diligence will, we doubt not, fupply the defect in his next edition of his extraordinary Life of Dr. Johnfon. The particulars here stated refpecting juries, we imagine, will be acceptable to fuch of our Readers as do not make the law their study. There is yet an important part of the doctrine of juries, which we think proper to add from another of Mr. Hargrave's notes, and that is the grand queftion, how far juries may take on them the decifion both of law and fact.

Lord Coke fays, page 155, B. The moft ufual trial of matters of fact is by twelve jurymen, for ad quæftionem faɛti non refpondent judices; the judges do not decide matters of fact, but only matters in law; for ad quæftionem juris non refpondent juratores. The jury does not decide matters of law. On this paffage Mr. Hargrave's note is as follows: