fected a paffage between it and New Guinea, to which he gave the name of Endeavour Streights: thereby afcertaining, as he obferves, beyond all controverfy, that these two countries are not joined to each other. For the knowledge of this paffage, however, Mr. Dalrymple affirms, in his pamphlet above referred to, that he was obliged to his chart, in which Torres's track was laid down, from Arias's memorial.

6

From thefe Streights the Endeavour proceeded towards Batavia; in their courfe to which they ftopped fome time at the ifland of Savu. Among other particulars relating to this ifland, a small specimen is given of the language, by which, fays the journalist, it will appear to have fome affinity with that of the South Sea Islands, many of the words being exactly the fame.'It is very remarkable, however, that on comparing the two vocabularies together, we have not been able to difcern a single word in one of the languages that in the leaft degree refembles the correfponding term in the other.

On the night after their arrival at Batavia, a Dutch Eaft Indiaman, which was at anchor within two cables' length of the Endeavour, was ftruck by lightning, which split the mainmaft and carried it away by the deck, and fhivered the main-topmaft and top-gallant maft ail to pieces. The Endeavour feems evidently to have been protected from the bad effects of this violent thunder-ftorm, by an electrical chain, which they had but just before got up, and which visibly conducted the lightning over the fide of the ship; the whole chain appearing, at the time, a continued line of fire. Notwithstanding this escape,, the whole veffel was fhook, probably by the lateral explosion, as by an earthquake; and a centinel, who was in the act of charging his piece, had the mufket forced out of his hands by the hock. On this occafion Capt. Cook earnestly and properly recomiends the use of chains of this kind on board of every. fhip, whatever may be her deftination.

We are forry to have occafion to conclude our abstract with the account of the death of poor Tupia at this place, where he and his boy Tayeto on their landing were highly ftruck and delighted by the novelty and variety of the fcene prefented to them in a large and populous city. His death was preceded, and apparently haftened, by his great affection for the poor boy, who, with fome others, fell a victim to the peftilent climate of this. place; the effects of which were felt by every one belonging to the fhip, except the old failmaker, between 70 and 80 years of age. It is remarkable that this privileged individual was regularly drunk every day while they ftaid here.

Leaving this place on the 27th of December, with 40 fick on board, and all the reft in a feeble condition, they proceeded towards the Cape of Good Hope; having buried 23 perfons in

the

the laft fix weeks of their paffage thither. When they got into the regular trade-wind the mortality ceafed; and, after a month's ftay at the Cape, they departed from thence, on April 15, and finally anchored in the Downs on the 12th of May 1771.

We fhall not extend this article by adding any particular criticifms on this performance, to thofe which we have already offered in the preceding articles. We fhall only, in general, remark, that notwithstanding the inaccuracies obfervable in this compilation, we cannot, upon the whole, avoid declaring, in juftice to the memory of the Editor, and to those who furnished him with his materials, that these imperfections are largely counterbalanced by the intrinfic merits of the work, which abounds with new and curious articles of information; and by the adventitious ornaments which it has received, both in the articles of fentiment and diction, from the pen of the Editor. cannot however pafs over without notice, and reprehenfion, the licentious manner in which fome of the plates are executed, which are very far from illuftrating, though they greatly embellib, the work, and in which truth and nature are facrificed to the imagination of the painter and his ideas of grace and beauty.

In the plate, for inftance, marked No. 1 [Vol. ii, page 55.] we are prefented, by the elegant pencil of Cipriani, with a view of the perfons, drefs, and habitations of the inhabitants of Terra del Fuego. Inftead of viewing a rude, inartificial hovel, made of a few poles inclined to each other, by the ciumfy, ftupid,' and wretched outcafts of Nature,' with whom the Reader is brought acquainted in the text;-the Spectator, on cafting his eye to the left, finds himself fuddenly transported into Arcadia ; he beholds a paftoral bower, conftructed with equal art and tafte, and embellished with foliage; and views a groupe of human figures, fome of whofe graceful forms and attitudes realize the fancied fcene.-Surely the coarfeft wooden cuts, exhibiting a faithful copy of Nature, as it appears in this part of the world, would have been more acceptable to every judicious. Reader, than thefe fanciful creations of Signor Cipriani *.

• The infertion of this particular fancy piece in this work appears the more extraordinary, as in the Journal published under the name of Sydney Parkinson there is a reprefentation of this very fcene, apparently defigned on the fpot; to which is annexed the name of Mr. Buchan, one of Mr. Banks's draughtfmen. This ketch indeed does Hot poffefs any of the elegancies of Signior Cipriani's drawing; but, it carries on the face of it pretty evident marks of its being a genuine tranfcript of the fcene it pretends to exhibit.

Though

Though we were never at Otaheite, or prefent at a dramatic entertainment in the island of Ulietea, yet we may venture confidently to affirm, that Tupia, were he alive, would difown the good company got together in plate No. 7, for his neighbours. Inftead of the Costume of the South Sea iflanders, the fpectator is presented with figures which, in the air of the heads, forms, attitudes, &c. continually remind him of the antique, and of the productions of the Roman, Florentine, and other great fchools. In fhort, embellishment has been fo much attended to, that in plate No. 23, Vol. i. page 462, we are entertained with a view of a grand ftate proceffion that does not appear ever to have had exiftence. On looking into the explanatory table of the plates, we are there told that it is a representation of the furrender of the island of Otaheite to Capt. Wallis, by the fuppofed Queen, Oberea;'-a tranfaction, and ceremony, which are nowhere recorded in these volumes.

B.

ART. XII. A Digeft of the prefent Att for Amendment of the Highways : with a Calculation of the Duty, Compofition, and Contribution for every Rent from 11. to 400l. per Annum. For the Ufe of Surveyors, &c. Also a Lift of Forfeitures and Penalties, with a Schedule of Forms and Remarks. By J. Scot, Efq; 8vo. 2s. Dilly. 1773.

WHP

THERE laws of extenfive operation are passed, abstracts of them, well executed, are of great use to bring them down to common apprehenfions, by clearing them of formal tautology and technical terms, and, in truth, by supplying that want of digeft and method fo feldom attended to in our statutes. Numerous, intricate, and difperfed as our laws are, it is highly laudable to collect all that relate to particular fubjects into fingle acts; which by having a new legiflative fanction given to them, may inform the fubject of his proper duty, without expofing him to fuffer under unavoidable ignorance, the plea of which, however juft, is not admitted in our courts. Add to this, that the great alteration in national circumstances, manners, and customs, often required that antiquated laws should be conformed to thofe alterations: but when this is done, the new laws ought to be framed with all the clearness, precision, and other advantages that may be expected from the literary improvements of the age, and from the collective wisdom of the nation. Nevertheless whatever fafety we may expect in a multitude of counsellors, we seldom find bodies of men affembled together, able to effect what one clear-headed man can execute in his closet on the contrary, intereft, and even caprice, often

injure the best connected plan that is laid before them; and those who have seen how bufinefs is often tranfacted in the houfe of commons, (with all due refpect be it spoken) will no longer wonder at the defects which too often appear in our acts of par liament.

The feveral duties and obligations enjoined by the late ftatute for preferving the highways, are here claffed under distinct chap-ters, divided into fections; which comprehend the precepts under each head respectively: it might however have added to the fatisfaction of the Reader who accepts it as his guide, if this digeft had been more closely connected with the act which it Jexplains, by adding at the end of each fection a correct reference to the section or fections of the act where the legal matter is to be found. As a conclufion, Mr. Scott has made fome very pertinent remarks on particular claufes of the act, and he clofes with the following general obfervations !

Thus much for the prefent act, on a candid comparison of which with the immediately preceding one, it may perhaps be apprehended, that there was no abfolute neceffity for an alteration; or at least, that if the former can boast fome few articles that may be justly termed improvements, it has many others which have no title to that appellation.

It might be deemed too bold an innovation, to propofe the rejection of a plan which has received the fanction of custom for more than two centuries; but it would probably be the most effectual method to procure a thorough amendment of the roads, to abolish the ftatute duty, and fubftitute a regular affeffment on occupation, of so much in the pound as might be thought fufficient for the purpofe; the money raised thereby to be employed and accounted for by the furveyor, who, as before hinted, ihould be rendered independent of every perfon but the juftices. The antiquity of an expedient which, on trial, is found not to answer the end it was defigned for, cannot be a good reafon for perfifting in the practice of it. There is Tittle doubt but the effect of this alteration would foon be vifible in the roads; for as the money must be raised, there would be no temptation to omit expending it. An infinitude of trouble would be faved to the furveyor, and the only argument in favour of the prefent method, viz. that it is an advantage to the landholders, who at particular feafons have little work for their teams, will lofe much of its validity, when it is confidered that teams must be hired for repairing the roads, and probably thofe very teams will be hired for that purpose.'

This innovation, bold as the writer fears it may be deemed, appears perfectly reafonable in every point of view. With regard to the labouring poor, it is at first fight an act of oppreffion REV. Dec. 1773.

K k

to

to diftrefs them, by obliging them to repair roads for others, which they neither do nor can occupy themfelves. This the Author obferves in his remarks on ftatute duty; and, as he there adds, that working for a dead horfe, is a proverb with which the vulgar are as well acquainted, as with that kind of conduct which gave it existence;' there is this farther difadvantage in it against a poor labourer, that a day's time is a pofitive lofs to him, while the parish does not reap an honeft day's la bour from him: nor can this be converted into an accufation, unless it were poffible to counter-act the feelings of human nature. Like circumftances would affect every one placed in them in like manner, which may ferve as a general anfwer to most of the general reflections on the conduct of the different claffes and orders of mankind.

New editions of all our acts reduced to this familiar method, with judicious comments, would prove more intelligible than in the parliamentary form, and free them from much of their glorious uncertainty.

N.

ART. XIII. Independence: an Ode. By the late T. Smollett, M. D. 4to. 6d. Murray. 1773.

MEN

EN of the moft liberal minds are the moft fmitten by the charms of independency; and no man was ever more fenfible of their power, than the late ingenious Dr. Smollett;-who adored the goddess with unfeigned devotion, and celebrated her praises in the pure dictates of his heart.

Mafon's ode to Independence is elegant, but cold; Smollett's glows with that enthufiafm which, it might be imagined, the fubject would never fail to kindle.

Independency, however, is not a female deity in Smollett's poem; though a goddess in Mason's performance.

After defcribing, with great vigor of fancy, and with very poetical colouring, the birth and attributes of the Son of LiBERTY, the poet proceeds to celebrate the atchievements of this demi-god, in fupport of the glorious caufe of his celestial mother:

On defart ifles 'twas he that rais'd

Thofe fpires that gild the Adriatic wave,

Where tyranny beheld amaz'd

Fair Freedom's temple, where he mark'd her grave.

He fteel'd the blunt Batavian's arms

On defart ifles-] Although Venice was built a confiderable time before the æra here affigned for the birth of INDEPENDENCE, the republic had not yet attained to any great degree of power and fplendor.'

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