Causes; and for the Revival of Jury Trial in certain civil Actions. Svo. pp. 129. 4s. Ridgway. 1807.

The important matters under consideration in this pamphlet are very ably and elaborately discussed. A detailed account is given of the forms and practice of the courts which it is intended to reform, and of the inconveniences and abuses against which it is proposed to guard. The tract may excite less interest on this side of the Tweed than may by some be expected: but this will be the case only because the points, which the author so luminously and satisfactorily eluci dates and establishes, have in our minds, from long usage and habit, the force of axioms and data. This remark will apply to all that is here advanced in favour of our modes of judicature; while the few criticisms that are made on them well merit attention. They are useful hints from a friendly and enlightened stranger.

The leading changes are thus stated in the summary with which the author closes his work;

day of

imo, That from and after the the Court of Session shall be divided into two Chambers: The first to consist of the Lord President, and five at least of the Ordinary Lords of Session who are not Commissioners of Justiciary, and to be called the Chamber of Session: The second to consist of the Lord Justice-Clerk, and the five Lords of Session who are also Commissioners of Justiciary; the Justice-Clerk to preside; and this Chamber to be called the Chamber of Justiciary.

2do, That the remaining Lords of Session, in case they are disabled by old age or infirmities, and shall obtain leave from His Majesty for that effect, be relieved from the duty of their office, but retain their rank and salaries during life.

3tio, That the Chamber of Session, of whom three to be a quorum, shall have all the powers and jurisdictions in matters of law or equity that are competent to the present Court of Session; and their decrees to have the same force and authority, and not to be liable to review by the whole Court, or otherwise than by appeal to the House of Lords.

40, That the Chamber of Justiciary be equally a supreme Court, and their decrees to have the like force and effect as those of the first Chamber; their jurisdiction to extend to every matter of common and statute law; and particularly, that they preside in jury-trials, in case it shall be thought expedient to revive that mode in certain civil causes, as after mentioned. The last seven days of each Session to be set apart for such jury-trials as the Court may order to proceed in the city of Edinburgh; any three of this Chamber to make a quorum; providing always, That in the case of jury-trials any one of their number shall be sufficient: That they shall be relieved of judging in certain of the causes, called Concluded Causes, when the evidence is taken down in writing; or, in some other shape, have some reasonable compensation of relief for the additional trouble they may get by jury-trials.

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5to, That in nice and new points of law it shall be competent for either of the Chambers, in their discretion, to order short cases to be made up, for being heard, argued, or otherwise advised by the whole

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whole Twelve Judges, who shall meet occasionally, or at stated times, for that purpose, or for such business as may be thought expedient to reserve to them.'

7mo, That in all actions, concluding for reduction or restitution, or for damages or disabilities, on the head of fraud or injury, or in other causes of great importance or perplexity, brought before the Court of Session, when the evidence depends on parole-testimony, it shall be lawful for the said Court, if they see fit, to make and issue an act or order for appointing the trial to be by jury; such jury to consist of not fewer than nine, and not more than thirteen persons.'

The other changes consist either of minute regulations, or of assimilations to English practice. This able pamphlet is ascribed to Lord Swinton.

Art. 27. Expediency of Reform in the Court of Session in Scotland, proved in Two learned Pamphlets, published in the Years 1786 and 1789, and now reprinted, to illustrate the Necessity of the Bill for better regulating the Courts of Justice in Scotland. 8vo. 1807. PP. 68. 28. Ridgway.

It is shewn in this tract that the alterations in the Scottish Judicature, which were submitted to the last Parliament, are not new suggestions, but that on the contrary they have been frequently under consideration. Trial by jury, in civil as well as in criminal causes, is proved to have been a part of the antient law of Scotland; and it is also successfully contended that the proposed innovations did not infringe on any of the provisions of the Union.

Report attributes the present tract to the late Lord Advocate of Scotland, Mr. Henry Erskine.

POLITICS.

Art. 28. A Letter to the Right Honourable Lord Viscount Howick, on the Subject of the Catholic Bill. By the Author of Unity the 18. Rivingtons. 1807. Band of Peace, &c. 8vo.

1s. 6d. Ditto. Art. 29. A Second Letter to Ditto, by Ditto. 8vo. This honest man is of opinion, and he fairly states it, that the opposition to the late measure in favour of our catholic fellow subjects was popular, only because it was agreeable to the court; and this is to him a subject of deep concern, since he regrets that the cry did We agree with not originate from aversion to the measure itself him in his primary idea: but that which occasions him mortification affords us consolation. The multitude, he observes, is versatile; so are courts also; we are therefore not without hope that we may yet sce the time when the spirit of christian charity will be paramount, and when we shall be one people, united by the bonds of commun rights and common privileges. To see the preachers of a religion, which inculcates heavenly-mindedness, disinterestedness, and univer sal brotherhood, zealously standing up for exclusion from civil rights on account of modes of faith, is to us not very grateful: but it is a sight which gives delight to the enemies of those principles. We are very sure that the Gospel does not inculcate this doctrine.

Art.

Art. 30. A few Observations on the Danger of admitting Roman Catholics into Offices either civil or military recommended to the serious Consideration of all Parties. By a Magistrate of the County of Berks. 8vo. 18. Rivingtons. 1807,

However confined may be the views of this worthy gentleman, we will allow that his intentions are upright. His intolerance cannot be dissembled, but we are satisfied that it does not arise from a spirit of domination, from jealousy, nor from envy, but from fear. He may be well versed in Bott and Burn, but to all precision of ideas and style he is a perfect stranger. In his opinion, we become all catholics ourselves, the moment we render civil honours and emolaments accessible to the members of the Romish religion; if we restore them their civil rights, we eo instante establish popery. For this we have only his assertion, but he seems very confident-To compensate for the small portion of information which has fallen to the share of this wellmeaning person, and for the puerility of his reasoning, he is distinguished by his loyalty, and his devotion to our institutions. He repeatedly asserts that, for our free government, and all our civil rights, we are indebted to protestantism. We think as highly of protestantism as the Berkshire Magistrate, but we had always imagined, that some important corner stones of the admirable fabric of our constitution had been laid by our popish ancestors.

Art. 31. Considerations on the Danger of the Church. 8vo. IS. Ostell

The author of these pages is not alarmed for the Established Church on considering the state of the Catholics, of the Presbyterians, of the Independents, of the Baptists, or of the Unitarians: but he is of opinion that some fears may reasonably be entertained of the Methodists. The Unitarian society is reported to be cold, declining, and not amounting in the whole to ten thousand men ; so that it is of little moment in a political view: the Methodists, however, are represented as most formidable in their numbers, as intolerant in their principles, and as deceitful in their pretended friendship for the Establishment. History,' it is remarked, affords no account of our Church being overturned by erroneous reasoners, by cool and speculative philosophers; but fanatics overturned it in Cromwell's time; and fanatics, if sufficiently numerous, may overturn it again.'This writer coincides with others in reporting the declining state of the Quakers; which, he says, he mentions without rejoicing at it, since no religious sect in this kingdom is intitled to so much praise and so little censure.'

The remarks in this pamphlet are not without some claim to consideration, and its spirit is occasionally worthy of praise.

AMERICAN AFFAIRS.

Art. 32. A true Picture of the United States of America: being a brief Statement of the Conduct of the Government and People of that Country towards Great Britain, from the Peace concluded in 1783, to the present Time. By a British Subject. 8vo. 3s. Jordan and Co.

Art.

Art. 33. Softly, Brave Yankees!!! or the West Indies rendered independent of America; and Africa civilized. Dedicated to the African Association. By the Author of a true Picture of America. [See the preceding Page.] 8vo. 28. Jordan and Co.

Reluctant to promote animosity and ill blood between Great Britain and the United States, we have always been unwilling to believe the reports which have been industriously circulated, respecting the malignant disposition of the Americans towards this country; and, from liberal and patriotic principles, we have discountenanced those writers who have endeavoured to foment mutual enmity by the most palpable misrepresentations, and the grossest abuse. They first tell us that we are hated by the Americans, and then they take most effectual pains to stimulate to hatred, by applying to them the most insulting and opprobrious epithets. As long as we are capable of distinguishing virtue from vice, and policy from impolicy, we shall persevere in reprobating such a line of conduct. Far are we from intending to conceal the faults of America, or even to deny all ground for apprehending that her affection is much alienated from us: but we would be cautious of widening the breach, and of giving her, by our conduct, any pretext for open or concealed enmity. Taking it for granted that some prejudice against this country exists in America, must it not be admitted that most of our writers on this side of the water labour hard to keep it alive; and that those pulications are most acceptable in which the Yankees (as the Americans are contemptuously called) are most abused? We foresee and deprecate the consequences of this measure. Nations may be writ. ten up to war, and the horrors of the sword may be traced to the indiscretions of the pen.

If the Americans did not hate the English before, must they not begin to feel angry when our writers (as in the instances before us} tell them that they cannot be said to possess character; that they are as capricious as unprincipled; and that they have reached that pitch of depravity in their private as well as public character, that to hear of our subjugation by French conquest would be to them a political millenium?" This sort of language is evidently meant to irritate, not to conciliate, and it pervades all the present pages:

He knows,' says the author, the American character; he is acquainted with that deadly hatred, which is cherished in the ma. jority of American breasts towards this, their mother country.— He knows also, the fellow feeling, the ardent affection that the majority of that people have for France, whether she be governed by king, convention, consul, or emperor. He is also aware of their ignorance of true policy; and is too well acquainted with them not to know that malign jealousy that makes them look with envious eyes on the proud and elevated station which this country now holds; and the unutterable joy they would feel in seeing the arch-fiend now ruling continental Europe, wielding upon it his pestilential sceptre.— This they would hail as an epoch when happiness was to commence, although their destruction is sure to succeed it ; and that too, with the utmost rapidity.'

How

How preferable, in our opinion, would have been the discussion of the latter than of the former part of this text; and how much better would this British Subject have employed his time, had he endeavoured to convince the Americans, that to cherish enmity against us, and to side with France, will ultimately prove enmity to themselves? It is by such reasoning that we must bring them to be our steady allies, and prevent the existing misunderstanding from ripening into bloody hostility. Errors may be repaired while nations are well disposed to each other, but not when by pamphlets and newspapers (those fire-brands of the mind) they are made ripe for war. We presume not to decide to whom the blame attaches in the late unhappy conflict between a British and an American ship: but we trust that sufficient good sense may be found in both countries, to prevent such an unfortunate affair from becoming the occasion of a serious rupture.

It is the object of the writer, in his address intitled Softly, Brave Yankees! to prove that the West India Islands are not so absolutely dependent on America as is generally supposed, and that in time they may be amply supplied from other quarters. He particularly directs our attention to Southern Africa, or the region of the Cape, as singularly adapted to the purpose of furnishing provisions of all kinds ; and of growing cotton of the best qualities, sufficient to answer the demand of our home manufactures. The utility of our conquests' in South America, considered with relation to the West India Islands," is hinted but the author chiefly looks to the Cape of Good Hope' for their future supply; and he contends that, from this region, they may be furnished with corn, flour, and salt beef. Mr. Barrow's evidence respecting the fertility of Southern Africa is quoted; and we do not doubt the capabilities of this district: but much must be effected before this scheme could be realized, and so distant a prospect can afford us little comfort under the immediate inconveni-' encies which we must suffer by a rupture with America. While we are colonizing and civilizing Africa, we may lose Canada, and starve our West India planters.

MISCELLANEO U S.

Art. 34. The Life and Exploits of the ingenious Gentleman, Don Quixote de la Mancha; containing his fourth Sally, and the fifth Part of his Adventures: written by the Licentiate Alonso Fernandez de Avellaneda, Native of the Town of Tordesillas. With Illustra. tions and Corrections by the Licentiate Don Isidro Perales y Torres. And now first translated from the Spanish. 3 Vols. 12mo. 138. 6d. Boards. Longman and Co.

Aware of the oblivion which has long overtaken this performance, the translator has very properly adduced the proof of its authenticity. As a literary curiosity, the arduous attempt of Avellaneda de..... serves to be commemorated: but the voice of the public has justly, declared in favour of his prototype.

In this fourth sally, Don Quixote is exhibited in the character of theloveless knight,' and again involved in a series of adventures and perils:-but his absurdities savour too strongly of pure insanity to xcite our ridicule; and those of his squire, though abundantly

symptomatic