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tion-As the libeller is stated to have confeffed both the writing and publication of the libel, the only question before the court must have been what fine or punishment they should inflict? The judges however were determined to lay down general rules, in order to fupprefs this growing evil, every one of which will appear either to be extrajudicial, or not to be maintained; and one of which Lord Coke himself contradicted upon another occafion-The first rule which is layed down is, that if the libe is against a magiftrate, it is a greater offence than against a private perfon-I do not mean to controvert the reafon upon which this rule is grounded, but it was most clearly extrajudicial, as the archbishop of Canterbury could not properly be deemed a magiftrate-If, indeed, his feat in the Star-chamber is fuppofed to have given him temporal office, it must be recollected, that he fat there pro falute anime of the criminals-The next rule was not extrajudicial, but can never be fupported to the extent in which it is delivered, without a limitation of time-The rule is, that, if the perfon libelled is dead at the time of its being written, the offender is equally punishable, as it may provoke the friends and relations of the deceafed to revenge, and breach of the peace and there is fomething very quaint in what follows: "That if the dead perfon libelled is a magiftrate, it is a reflexion on government, which never dies."-The third rule is, that it does not fignify, whether the libel is true or not?This rule in the first place is extrajudicial; as the criminal confeffed his offence, it is impoffible, that before that terrible court he could have infifted upon having afferted nothing which was not true: this would have prevented his only chance for mercy in an intile and implicite fubmiffion after a full confeffionBut the rule is not only extrajudicial: Sir Edward Coke himself, in the cafe of Lake and Hutton, (Hob. 252.) afferts directly the contrary; as does Mr. Juftice Powel, in the cafe of the feven Bishops.

The next rule is, that a perfon may be guilty of a libel by drawing a ridiculous picture, or by raifing a gallows oppofite to a houfe-Both thefe dicla are moft clearly extrajudicial, and it is much doubted whether there ever was fuch a profecution — The laft rule is, that if a libel is found, and it relates to a private perfon, it must be either burnt, or delivered to a magiftrate: and and if it relates to a public perfon, it must not be burnt, but delivered to a magiftrate-Of this laft rule it may be faid not only to be extrajudicial, but abfolutely impoffible to be carried into execution.-The reafon of this, and the other abfurdities contained in this cafe, arifes from every one of thefe rules being borrowed from the civil law (V. Cod. ix. 35.) which taking place before the invention of printing, made this laft regulation at that time practicable-No one who was ever in a coffee-house

BEVER's Difcourfe on the Study of Jurifprudence, &c.

69

will fuppofe it to be fo at prefent-Notwithstanding the obfervations which I have here taken the liberty to make on this very extraordinary cafe, I cannot conclude them without expreffing my deteftation of libels, which cannot be too much difcouraged in a well-regulated government, nor is such reftraint wanting by the common-law, if the principles laid down in this Star-chamber decifion are not resorted to.'

We are perfuaded the Reader will not think it necessary to. apologize for the length of this extract, which we felect as the moft generally interefting, though not the most entertaining of the work, which has merit more than fufficient to atone for' fome flight errors and inaccuracies. Some few fuch the attentive Reader will correct; particularly in the Obfervator's com ment on the ftatute of Entails, and of Dowers in the time of Henry VII. Among other trivial errors likewife may be reckoned a mistake of the Writer's, who fays that the first chapter of the first of Richard III. is only abridged in all editions of the ftatutes (except Raftall's) whereas if he had turned to the late quarto edition, which he has cited on other occafions, he would have found that it is there printed at length.

A Difcourfe on the Study of Jurifprudence and the Civil-law; being an Introduction to a course of Lectures. By Thomas Bever, L L. D. Fellow of All-Soul's College; and an Advocate of the Court of Arches. 8vo. 1 s. 6d. Oxford printed at the Clarendon Prefs, and Sold by Fletcher in London.

TH

HIS difcourfe feems calculated to remove the prejudices which have in some respects, perhaps unreasonably, been entertained against the ftudy of the civil law. During the time that the clergy, not content with their ecclefiaftical functions, exercised a confiderable fhare of temporal jurifdiction, they made several attempts to introduce the civil, in preference to the common law: the principles of the former being more favourable to the tyranny which they affected, and wished to perpetuate. The memorable anfwer of the brave Barons, who faid nolumus leges Angliæ mutari, defeated one of the last efforts which the clergy made to this end: but impartiality muft acknowledge that the change they propofed, of legitimating children born out of wedlock, where the parents afterwards intermarried, feems moft agreeable to the principles of natural reafon and juftice. The Barons, perhaps, were not fo much averse to the propofition itfelf, as jealous of increasing the influence of the propofers, by countenancing a code of laws fo propitious to their views: a jealoufy, as our Writer obLerves, "very natural among a people fo fcrupulously careful of

their

their liberties, as the English. For, "as our Author adds," it has been too prevailing a notion, that every advance towards the knowledge of the civil law muft leffen our veneration for the law of England; as if all perfons who ftudied the one, were bound in duty to abjure and eradicate the other; and under a pretence of introducing fome useful principles of natural equity, had entered into a ferious confpiracy to fet up the body of Juftinian's laws against the acts of the British parliament. Becaufe likewife, after the diffolution of the Roman republic, the government was converted into an abfolute monarchy, the civil law is accufed of being altogether arbitrary in its fpirit, and therefore wholly unfit to be received or taught in a freeCountry."

With these fentiments we partly concur, and partly difagree. It is no doubt a vulgar prejudice to imagine that the knowledge of the civil law will leilen our veneration for the law of England; or that the latter is not capable of improvement by adopting many ufeful principles of natural equity from the former. At the fame time we do not think it a falfe accufation of the civil law to charge it with being altogether arbitrary in its spirit; for fo it appears to be, more especially in criminal cafes, where the punishment is too often left to the difcretion of the judge; which, if we may believe a certain patriot chief, is the law of a tyrant.

At the fame time we are ready to allow that the knowledge of the civil law is not only pleafing and ornamental in itself, but it is abfolutely neceffary to complete even the common lawyer, as teftamentary and maritime cafes, &c. ftill continue to be chiefly regulated by it's inftitutions and as, according to the Writer's obfervation, it is more particularly useful to fuch whofe rank or abilities may qualify them for the arduous task of negociation.

We therefore wifh fuccefs to the learned Author of the prefent difcourfe, and are forry to learn from the postscript that the remaining lectures are not deftined for the prefs. From that "before us, he appears to have a competent knowledge of the fcience he profeffes to teach, though his method is capable of improvement, and his matter is fometimes too diffufive.

MONTHLY CATALOGUE, For JULY, 1766. MISCELLANEOUS.

Art. 18. The Contemplation of Nature. By C. Bonet. Tranflated from the French. 2 Vols. 12mo. 6s. Longman, &c.

F this work, in the original, we gave a fufficient account, in the Apentix to our Volume-fee p. 538; where it was reviewed as a foreign article.

Art. 19.

Art. 19. The Advantages of Inland Navigation; or, Some Obfervations offered to the Public, to fhew that an Inland Navigation may be easily effected between the Ports of Bristol, Liverpool and Hull; together with a Plan for executing the fame. By R. Whitworth, Efq; Humbly fubmitted to the great Affembly of the Nation. 8vo. 2s. 6d. Baldwin.

That the great affembly of the nation hath been fufficiently convinced of the utility of inland navigations, is fully apparent from the late act for accomplishing a connection of this kind between the ports of Liverpool and Hull, &c. The advantages that may naturally be expected to flow from improvements of this kind, are amply fet forth in thefe obfervations; but as we have not room to enter into particulars, we must refer to the book, which is properly illuftrated by copper-plates. Art. 20. The English and French Letter-writer, or General Correlpondent. By John Rule, M. A. Master of an Academy at Iflington. 12mo. 35. Johnfon and Co.

As this is the work of a schoolmaster, and is intended to promote the 'fuccefs of his academy, which, indeed, makes no fmall figure in his -book, we fhall not interfere with his interett fo much as to pass any cenfure upon it; efpecially as he has fo obligingly taken the trouble off our hands, and reviewed it himself, in the following modeft terms: In order to promote the attainment of knowlege in the various forms and modes of writing, I would recommend it to young gentlemen to study the following letters with care and attention, as they are written on fuch a plan, and have fo much novelty in them, that they cannot fail to enable them to acquire that neceffary and most ornamental accomplishment, the art of epiftolary compofition!"

Art. 21. The Hiftory of Tunbridge-Wells. By Thomas Benge Burr. 8vo. 5s. Hingefton, &c.

Written by a Journeyman Bookfeller; and very well written. It is an entertaining performance; and will not fail, we are perfuaded, to reflect on the Author himself, a competent fhare of that honour and credit which he has endeavoured to bestow on our fecond BATH. Art. 22. The fecret Correspondence of Sir Robert Cecil with James VI. King of Scotland. Now first published. 12mo. 3s.

Millar.

This fecret correfpondence reveals nothing more material than a proof that Cecil was as forward as the rest of Elizabeth's courtiers, in the decline of her days, to worship the rifing fun. The preliminary advertisement, figned DAV. DALRYMPLE, ferves to authenticate the collection.

Art. 23. A brief History of the Kings of England, particularly thofe of the Royal Houfe of Stuart, of Bleffed Memory. By Sir A. Welding, Bart. 8vo. Is. Williams.

Some virulent republican, as we suppose, under the affumed name of Welding, has here given a most severe character of all our English monarchs, from Will the Conqueror to James II, inclufive: except Edw. V. and VI. Q. Mary and Q. Elizabeth. His reafons for exempting thefe we fhall give in his own words: the two Edwards, he fays, were ⚫ children, and died, affording no matter for this prefent history. If I

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their liberties, as the English. For, as our Author adds," it has been too prevailing a notion, that every advance towards the knowledge of the civil law muft leffen our veneration for the law of England; as if all perfons who ftudied the one, were bound in duty to abjure and eradicate the other; and under a pretence of introducing fome useful principles of natural equity, had entered into a ferious confpiracy to fet up the body of Juftinian's laws against the acts of the British parliament. Becaufe likewife, after the diffolution of the Roman republic, the government was converted into an abfolute monarchy, the civil law is accufed of being altogether arbitrary in its fpirit, and therefore wholly unfit to be received or taught in a freeCountry."

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With these fentiments we partly concur, and partly difagree. It is no doubt a vulgar prejudice to imagine that the knowledge of the civil law will leffen our veneration for the law of England; or that the latter is not capable of improvement by adopting many ufeful principles of natural equity from the former. At the fame time we do not think it a falfe accufation of the civil law to charge it with being altogether arbitrary in its fpirit; for fo it appears to be, more especially in criminal cafes, where the punishment is too often left to the difcretion of the judge; which, if we may believe a certain patriot chief, is the law of a tyrant.

At the fame time we are ready to allow that the knowledge of the civil law is not only pleafing and ornamental in itself, but it is abfolutely neceffary to complete even the common lawyer, as teftamentary and maritime cafes, &c. ftill continue to be chiefly regulated by it's inftitutions: and as, according to the Writer's obfervation, it is more particularly ufeful to fuch whofe rank or abilities may qualify them for the arduous task of negociation.

We therefore wifh fuccefs to the learned Author of the prefent difcourfe, and are forry to learn from the poftfcript that the remaining lectures are not deftined for the prefs. From that "before us, he appears to have a competent knowledge of the fcience he profeffes to teach, though his method is capable of improvement, and his matter is fometimes too diffufive.

MONTHLY CATALOGUE, For JULY, 1766.

MISCELLA NEOUS.

Art. 18. The Contemplation of Nature. By C. Bonet. Tranflated from the French. 2 Vols. 12mo. 6s. Longman, &c. F this work, in the original, we gave a fufficient account, in the Apeux to our Thirty-frit Voluine-fee p. 538; where it was reviewed as a foreign article.

Art. 19.

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