form our judgment from a view of the whole train of arguments: we will defend our poft if we think it can and ought to be maintained; and if not, it will readily be abandoned. LAW. Art. 16. An Analyfts of the Practice of the Courts of King's Bench and Common Pleas. With fome Obfervations on the Mode of paffing Fines and fuffering Recoveries. By Baker John Sellon, Efq. of the Inner Temple. 8vo. PP. 121. 35. half-bound. Whieldon. 1789. This, we are given to underftand, is the outline of a larger work now preparing for the prefs. When the author has completed his defign, we shall be very willing to give our opinion; and if it shall appear due, our approbation, of his legal labours; but, at present, we feel an infuperable objection to reviewing, which many, no doubt, feel to purchafing, two books instead of one. Meanwhile, however, we cannot be wrong in giving the author's apology for the present publication, viz. It was the compiler's intention, and indeed his full expectation, to have completed the work by this.time; but having been prevented from fo doing, by unavoidable engagements, and understanding that an Epitome of the practice was now in much request, he was induced to commit this ANALYSIS to the prefs; which, although originally defigned merely as the outlines of another work, will, he truits, be deemed not altogether unacceptable, by way of guide to the Practitioner.' Art. 17. An Addrefs to the Country Gentlemen of England and Wales. By James Bland Burgefs, Efq. M. P. 8vo. pp. 53. Is. 6d. Cadell, &c. 1789. The point to which Mr. Burgefs calls the attention of the landed gentry, is the enormous abufes attendant on the county courts. Thefe courts have a power of holding pleas for fums under forty fhillings; and, if properly conducted, might be made extremely. beneficial to the poor and induftrious part of the community, by affording them a cheap and eafy mode of recovering their just debts. As they are at prefent managed, it is much to be feared they are nothing better than engines of legal tyranny and oppreffion. Mr. Burgess defcribes, in animated terms, the fort of juftice that is done in these courts. 6 It is, indeed, a juftice of a very peculiar nature, which effectually ruins both parties, as well him who fues as him who is fued,-where the cofts are made to amount to more than an hundred times the fum demanded-where the plaintiff, if he gains his fuit, receives a few fhillings, while the attorney's bill is taxed at two and twenty pounds-and where, nine times out of ten, the one party is committed to gaol, and the other is obliged to fly his country.' That this defcription may not be thought exaggerated, he fubjoins fome proofs of the dexterity with which country attornies make out their charges; and thefe are two bills actually delivered by attornies in his own neighbourhood, which came to his hands in confequence of having interfered to refcue two poor men from the talons of thefe worthy gentlemen. The bills produced, do, indeed, exceed all bounds of moderation, or even of decency. An anecdote of a Montgo Montgomeryshire attorney is added, which, for villany and atrocity of conduct, we fincerely hope has been rarely paralleled. The remedy which Mr. Burgess propofes for thefe evils, is, te extend the provifions introduced by statute 23 Geo. 2d. which relates to the county of Middlefex, to other counties in England and Wales. He pledges himself to bring forward this fubject to the attention of parliament. Not ignorant (he thus concludes his benevolent address) either from profeffional habits, or from reading, or from obfervation, of the enormities to which I have led your attention, I hold it to be my duty to ufe my utmoft efforts for their abolition, and to call upon the country gentlemen of England and Wales to affert the caufe of their injured dependants. Confiding in the good fenfe, the mature judgment, and the humanity of my fellow-countrymen, more efpecially of those who are delegated to execute the great truf of legiflation, I fhall endeavour to difcharge my duty, fhould I continue to poffefs a feat in that great affembly, hy pleading the caule of the poor and the oppreffed, and by fubmitting to British fenators a plan for the fecurity and happiness of British fabjects." Art. 18. The Law of Difireffes for Rent. By T. Woodward, Middle Temple. 8vo. pp. 30. Is. Hughes and Walsh. 1789. The doctrine bere laid down relating to Diftreffes for Rent, is taken with very little variation, and, we must add, with very little modefty, from Blackfone's Commentaries; as are the Practical Directions for making Diftreffes, from Burn's Juftice. They may, nevertheless, have their ufe in being published in a detached form, and circulated at a cheap rate. Art. 19. Confiderations on a Commiffion of Bankruptcy; in which the feveral Advantages and Difadvantages attending the Recovery of Debts by a Conimiffion, according to the Situation of the Perfon and Eftate of the Creditor and his Debtor, are flated and compared, &c. &c. 8vo. PP. 39.. Is. Brooke. 1789. When a trader is in declining circumftances, he is too apt to fuffer his integrity to be overborne by the preffure of distress; and to make partial difpofitions of his property to appeafe the most clamorous, and often the leaft deferving of his creditors, to the preje dice of the reft. In order to fecure an equitable divifion of his effects, and to take from his hands fo dangerous a power, the Law has provided a commiffion of bankrupt, which will, in moft cafes, defeat the preferences fo unjustly given, and establish an equal dif tribution of his property. On the other hand, by proceeding in an action, the creditor may hold his debtor to bail, which is an advantage that does not attend a commiffion; and he has it in his own power to enforce his demand with greater expedition, without being left to an uncertain dividend with the other creditors. Thefe being the principal diftinctions between the two modes of proceeding, it becomes a question of convenience, depending on the particular circumftances of the cafe, rather than on law, which is to be preferred; though we believe, in general, no perfon who has a tolerable chance of recovering his debt by action, will ever have recourfe to a commillion. The utility of this little work is obvious. Art. Art. 20. Deinology: or the Union of Reafon and Elegance being Instructions to a young Barrister. With a P. S. fuggefting fome Confiderations on the viva voce Examination of Witneffes at the English Bar. By Hortenfus. 8vo. pp. 234. 45. fewed. Robinfons. 1789. The object of this publication is to recommend the principles of Logic and Rhetoric to the attention and ftudy of the gentlemen of the English Bar, whom the author pronounces to be far inferior, in point of eloquence, to their neighbours, the French, or their brethren, the Scotch advocates. With this view, he has felected from different writers on Logic and Rhetoric, fuch remarks as appeared to him most worthy of attention; and has added fome useful obfervations in the form of advice to a young Barrifter. The Poflfcript on the Examination of Witneffes, is a very ingenious attempt to reduce to rules a fubject of great nicety and fkill, which has been hitherto abandoned to the guidance of natural fagacity, improved by long habits of bufinefs. We cannot, indeed, quite reconcile the obfervation which he makes, that men of eminence at the bar are almost univerfally unsuccessful in this branch of their profeffion," with his fubfequent complaint, that they are often more kilful than the interests of truth require they fhould be. He fubjoins an anecdote of an eminent Serjeant at Law, who had diftinguished himself by this fort of dexterity: when his conftitution declined, and his fpirits were broken, being feen often in tears, he gave this explanation of his diftrefs to his friends: I am thinking how many poor families I bave ruined for the fake of a NISI PRIUS victory. Art. 21. Letter to the Right Hon. Edw. Lord Thurlow, Lord High Chancellor of England, on the Conduct of Parliament towards the Infolvent Debtors, and Imprisonment for Debt: containing a Plan for preventing the future Imprifonment of the Perfon, and putting the Creditor in a more speedy Way of obtaining Payment. By J. Peifley, Citizen and Scrivener. 8vo. pp. 27. 19. Walter, Piccadilly, &c. 1789. This writer propofes to fubftitute, for the prefent practice of imprifonment for debt, a mode of proceeding by attachment against the effects of the debtor, which is to ifue immediately on an affi davit being made of the debt, and fecurity being given by the cre-, ditor to fubftantiate his demand before a court and jury. On bait not being put in within a certain number of days, the effects fo attached, are to be fold to the amount of the debr and cofts, unless the debtor fhall, within one month from the fale of fuch effects, declare himself infolvent: in fuch cafe, the creditor who has attached, muft relinquish his claim to the whole of the effects, deducting the expences which he has incurred; and must take an equal dividend with the other creditors. He farther propofes, that the infolvent perfon fhall be obliged to give in a schedule of his eftate and effects, and be fubject to the examination of a Judge, within a certain time after the declared infolvency; and an affignment of the effects to be made for the benefit of the creditors in the manner prescribed by the act of the 32d Geo. 2d. and the infolvent debtor to be made liable to all the penalties of the Bankrupt laws; and, on a full difcloture, to be entitled to the fame immunities. Art. 22. A complete Abstract of the Statute Law, as it now fards, relating to Tobacco and Snuff, &c. &c. 8vo. pp. 80. 25. Johnfon. 1789. This pamphlet profeffes to give, in a clear and familiar manner, the fubftance of the late Parliamentary regulations concerning the important articles of Tobacco and Snuff. If we miftake not, the Lord Chancellor * declared thefe very regulations, of which this bold pamphleteer offers a clear and familiar explanation, far exceeded his utmost comprehenfion. We fhall not, therefore, feel much abafhed, if we do not every-where understand the detail of reftrictions and provifions comprised in this aft, particularly fuch as relate to the interior process of the manufacture. We cannot help confidering it as a grofs defect in this publication, that the editor has not fubjoined proper numerical references to the different fections of the act which he undertakes to .abftract. POETRY and DRAMATIC. Art. 23. Chaubert; or the Mijanthrope. A tragic Drama. By f. C. Villiers, Efq. 8vo. pp. 135. 2s. 6d. Cadell. 1789. The circumftances on which this drama is founded, are related in The Obferver, by Mr. Cumberland. The relation is there rendered highly interefting by the variety of its incidents; and by the fpirited and indignant reflections which they call forth from a man naturally benevolent, but, by treachery and injuftice, rendered fufpicious and morofe. Mr. Cumberland was, probably, aware that fo many events could not be comprifed within the limits of a drama. Mr. Villiers, too, is of opinion, that his piece is by no means calculated for reprefentation.-The nature of the fable rendered it impracticable.' (Preface, p. 6.) Why then deprive the ftory of its original form, and compel it to take another, which it will not bear? By being thus drawn out, it has loft its force; and, with its force, its fimplicity, and refemblance of nature. It is indeed the violation of natural feeling and expreffion which principally offend us. Numerous inftances might be given: fome approaching to bombaft. Of this kind is the following, where Chaubert, amid his diftrefs at the treachery of his mistress, thus exclaims to the mufic: Hush, hush your hated founds;-thou blafting trumpet! Of horror, and ye fqualling inftruments! And turn your notes to difcord horrible.' It may be eafily conceived what effect this rant, if addressed to the orchestra, would produce in an audience. Again, when Chaubert miffes his fword, But ha!-my fword! my fword! where is my fword? Debates in the House of Lords, laft feffions. Here, Here, ftrike my bofom bare;-it courts the blow; Nor is the following lefs cenfurable: Give me thy hand- Off-not fo clofe-away It smells too much of human-it is foul- We will exemplify no farther; but merely hint to Mr. V. who, as a young author, may, perhaps, not think our correction unfriendly, that many fcenes are liable to the fame objection: among others, we wish to direct his attention to the ift fcene of the 3d act; to that part of it, at leaft, in which the moon is concerned. He would alfo fucceed better, if his metaphors were not fo far-fetched, and fo laboriously ftrained. The following extract affords no unfavorable fpecimen of the au thor's poetry: I've heard my Lewis fay-and kiffes fweet And fhall I chide?-Nay, let me patient wait, Live, and enjoy the hours of life and love.-' Art. 24. Thoughts on the Seafons, &c. partly in the Scottish Dialect. By David Davidíon, 8vo. pp. 183. and a Gloffary. 35. Boards. Murray. 1789. The Roman fenators,' fays Mr. Davidfon, had their auditors; the Stoic philofophers, their followers; and why may not a Cale |