according to times and circumftances, which they indicate în a ftriking manner. The exhibitions are not the most pleasing; for as the defcriptive lines approach the prefent time, the more mountainous the country appears!

The original idea of this mode of exemplification was, we believe, firft given by Dr. Priestley, in his Chart of Univerfal Hiftory; and was afterward applied by Dr. Playfair to his Commercial and Political Atlas.

LAW.

Art. 23. Confiderations on the respective Rights of Judge and Jury: particularly upon Trials for Libel. By John Bowles, Efquire. Barrifter at Law. 8vo. PP. 51. 25. Whieldon and Co.

1791.

The two following propofitions contain the fubftance and refult of Mr. Bowles's inquiry:

ift, In all cafes where the whole of the crime charged is put in ifue, the decifion of fuch iffue includes in it both law and fact, which, though united in a general verdict, are in themselves perfectly distinct, and are afcertained by very different modes of invefligation-the fact arifing wholly out of the evidence, according to which the jury are fworn to determine-the law exifting in a previous rule, which the jury cannot be fuppofed to know, and which it is the duty of the judge to declare to them. Therefore, although the general verdict pronounced by the jury comprises the law as well as the fact, the jury cannot be faid to determine the law, they having received that law from the bench; and all they do in that refpect is, to combine the law fo received, with the fafts as found by themselves in the form of a general verdict.

2dly, But in cafes of libel the whole of the crime charged is not in iffue-the queftion upon the iffue being, Whether the defendant did publish the matter said to be libellous? and not Whether that matter is libellous? Of course the verdict, which cannot exceed the bounds of the iffue, relates only to facts, like a fpecial verdict in other cafes; and the term guilty implies no more than that the facts charged are true, without which indeed guilt cannot be fuppofed. But the queftion, "Whether fuch facts amount in law to a libel, is a question of pure law upon the record, which the defendant might have brought forward in the first inftance by a demurrer, and which after a verdict of guilty he may agitate in arrest of judgment."

We cannot agree with Mr. Bowles, when he afferts, that the whole of the crime is not in iffue under the plea of Not guilty; nor can we perceive any fatisfactory reafon why the cafe of libels fhould: differ from all other trials for mifdemeanors. It has never yet been understood that, in criminal cafes, a defendant admits any part of the record, by not demurring to the indictment. That a jury fhall, in any cafe, be bound to find a man guilty of publishing a paper, the contents of which are perfectly innocent, is an abfurdity, which, we truft, does not belong to the inftitution of trial by jury!

Art.

Art. 24. A Letter to the Right Hon. Charles James Fox; occafioned by his late Motion in the House of Commons refpecting Libels; and fuggefting the alarming Confequences likely to enfue, if the Bill now before the Legislature upon that Subject should pass into a Law. By J. Bowles, Efq. of the Inner Temple, Barrister at Law. 8vo. pp. 40. Is. 6d. Whieldon and Co. 1791.

Though many perfons might think the practice of the Judges of the Court of King's Bench, in matters of libel, too firmly fixed by a long feries of precedents to be altered by the present Judges, we apprehended there were few, if any, who would not rejoice to have the rights of juries fully established by a proper authority. However, Mr. Bowles expreffes very ferious apprehenfions for the fafety of the whole body of our criminal law, if they are declared competent to decide on the whole charge in profecutions for libels. Thefe alarms feem, toward the clofe of this pamphlet, to have greatly fubfided; for he conceives it may be expedient to provide, That, in all profecutions for government libels, the record shall be so conftructed, as to make it the province of a jury to determine upon the real grounds of the cafe; and that the information or indictment shall always refer directly and fully to their judgment, not only the writing itfelf, but also by way of exprefs charge, that intent, meaning, or tendency, which furnishes the ground for the profecution; and this in fuch a manner, that, after a verdict, nothing can come before the court, either for its opinion in point of law, or for its fentence, but what has been fo referred and fo found.' Art. 25. Reflections on the Distinction ufually adopted in criminal Profecutions for Libel; and on the Method, lately introduced, of pronouncing Verdicts in confequence of fuch Diftinction. By A. Highmore, jun. Attorney at Law. 8vo. pp. 39. Is. Johnfon. 1791.

Mr. Highmore is of opinion, that there is no real foundation for the doctrine attempted to be fupported in cafes of libels, that the jury are incompetent to decide on the whole of the charge, as in other criminal cafes. He obferves, that libels are not written only for the reading of courts or barristers;' and he adds, very truly, that perhaps, if they were, the number of their editions would be confiderably fmaller. Being intended for general circulation, they must be communicated in language adapted to common capacities. He therefore very reasonably inquires why perfons, who fully comprehended the meaning of what they had read, fhould be fuppofed, as foon as they became jury men, to be fo ftupified as to be incapable of judging of it. Mr. H. difcuffes many of the arguments ufed by Mr. Bowles, which he does without acrimony or illiberality. He has endeavoured, he fays, to divest the subject of technical language, &c.

Art. 26. Confiderations on the Matter of Libel. By John Leach, Efq. of Lincoln's Inn. 8vo. pp. 30. 1s. Johnson, &c. 1791. This author afcribes the doctrine of excluding the jury from deciding on the criminality of a libel, to a mistaken notion that, becaufe, in fome cafes, the malicious or feditious intent may be apREV. Nov. 1791.

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parent from the paper itself which is flated on the record, it will fo appear in all cafes; and that the judges have hence called fuch inten tion matter of law, and then appropriated it to their own jurisdiction as judges of law. He endeavours to account for this doctrine having prevailed fince the Revolution, by obferving, that

The perfons who were the objects of prosecution for libels in the times fucceeding the Revolution, were altogether the adherents of the exiled family. A great portion of the people were governed by the fame prejudices, and the opinion of a jury would not, in all cafes, have followed the wishes of the court. Hence men of the purest public principles might concur in the modern doctrine, and overlook, in the blindness of party zeal, the dangerous tendency of the example.'

The author offers fome obfervations on the rule that the truth of the libel cannot be given in evidence by the defendant in a criminal profecution.

The concluding fection relates to the policy of reftraining the difcuffion of public fubjects by government profecutions. He contends that free difcuffion is the beft means of checking abuses, and that, instead of endangering, it tends to fecure, the public tranquility.

Art. 27. Areopagitica: an Effay on the Liberty of the Prefs. Dedicated to the Right Hon. C. J. Fox, the Friend of Truth and Liberty. 8vo., pp. 68. 1s. Deighton. 1791.

This author fets out with a large extract from Blackstone's Commentaries, on the fubject of libels, and expreffes his indignation, in very warm terms, that it should be deemed criminal, by the law of England, to publish truth on any occafion whatever. He is mistaken, however, when he supposes that a publication of facts in defence of character, which every good man values more than life, and which to a profeffional man is existence, is what the laws of England do not tolerate.' He adds, with equal warmth, though we know not to what particular decifion or authority he alludes, that,

The defendant of reputation and honor, though acknowledged to have truth, or in other words, juftice, on his fide, and on the publication of which truths refts his refpectability in life, or perhaps depends his bread and family's fupport, fhall not be at liberty in this nation of freemen to make known his injuries on pain of immediate ruin.-Fine, imprisonment, and the pillory, await the very attempt of vindication! by law he may be deemed a criminal, and doomed to expiate in ignominious punishment the virtuous attempt; whilft perjured villains, or wicked murderers of honor, peace, and fortune, may triumph in their crimes, and quote the leverity of law, as proofs of the juftice and propriety of actions which could not bear the telt of truth!'

This writer appears to have for his object public utility, and the interefts of truth and virtue; but his manner of writing is too loofe and declamatory to produce all the impreffion at which he fo laudably aims.

Art.

Art. 28. Analysis of the Science of Legiflation, from the Italian of the Chevalier Filangieri. 8vo. pp. 66. 28. Robinsons. 1791. The Chevalier Filangieri published, at Naples, about the year 1781, two volumes on the fcience of legislation, which were distri buted over Italy with general approbation, and foon paffed through a fecond edition. He continued to profecute his undertaking until his death, which happened about a year or two ago. Before this event, four books, in feven octavo volumes, had been published; and the materials neceflary for completing the work were left in proper arrangement.

A tranflation of the introduction and analyfis to the first two volumes, is now offered to the public; and, if favourably received, the tranflator means, without delay, to proceed with the publica tion of the work.

The priginal defign of the Chevalier Filangieri was comprized in feven books, under the following heads: 1. The general rules of legiflative fcience. 2. Laws political and economical. 3. Criminal laws. 4. Education, manners, and public inftruction. 5. Laws which refpect religion. 6. Thofe refpecting property. 7. Paternal authority, and the good order of families.

The learned foreigner, in the profecution of this arduous defign, feems to have been animated with a noble enthufiafm, tempered with modefty. He fays,

Too vaft and too delicate a fubject is this to be managed by my hands: I confefs, it is fuperior to my ftrength, my knowledge, my talents: but I am bold to fay it is inferior to my zeal. Amidit the errors which will perhaps be found fcattered herein, amidst the low ftile in which the moft fublime truths will be delivered, amidst the infinite defects to be difcovered: my heart will always appearwhich ambition has not contaminated, intereft has not feduced, fear bas not debased. The public welfare is the only object of this work, and the zeal with which it is written its only ornament. This is the foundation of my hopes: this the title which gives me a true right to fame.'

Art. 29. Collectanea Juridica. Confifting of Tracts relative to the Law and Constitution of England. Vol. I. 8vo. 69. Boards. Brooke. 1791.

Many useful tracts have been loft to the public for want of a repofitory of this kind. The nature and extent of the prefent undertaking will belt appear by a thort enumeration of the articles in

ferted in this volume:

I. Cafe of the commendams before the Privy Council, in 16 Jac. I.

11. Vindication of the jurifdiction of the Court of Chancery, with the judgment given by King James on occafion of the controverfy between Lord Chancellor Ellesmere and Lord Coke.

III. Lord Chief Juftice Reeve's inftructions to his nephew concerning the study of the law.

IV. Sir James Marriot's argument in giving judgment in the Court of Admiralty in the cafe of the fhip Columbus.

V. The Duke of Newcastle's Letter to Monf. Mitchell, in anfwer

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anfwer to the Pruffian memorial refpecting the capture of veffels and property belonging to neutral powers in time of war.

VI. An argument of Lord Bacon, when Attorney General, on the writ de Rege Inconfulto, in the cafe of the grant of the office of Superfedeas in the Common Pleas, 13 James I.

VII. Cafe on the validity of equitable recoveries, with the opinions of feveral eminent Counsel thereon.

VIII. Opinions of feveral eminent Counsel on the case of Lord Clive's jaghire.

IX. Lord Hale's Preface to Rolle's Abridgment.

X. Cafe of Perrin and Blake, in the King's Bench, with the arguments of the Judges therein.

XI. Cafe of the Duchefs of Kingston's will made in France, with the opinion of Monfieur Target thereon.

XII. Cafe of Buckworth and Thirkell in K. B. on a cafe in replevin, referved at the affizes for Cambridge, 25 Geo. III.

XIII. Cafe of Willoughby and Willoughby in Chancery, on priority of mortgage debts.

XIV. Reading on the law of ufes, by Serjeant Carthew at New Inn, Michaelmas, 3 William and Mary.

XV. Cafe of Bagshaw and Spencer in Chancery, 22 Geo. II. XVI. Cafe on the operation of the ftatute of uses, with the opinions of Mr. Booth, and other learned Counsel, thereon.

XVII. Select cafes determined in Chancery, by Lord Hardwicke, on the ftatute of mortmain.

XVIII. Decree of Lord Chancellor Northington in the remark-able cafe of Norton v. Reilly, & al.

XIX. Cafe of Weft v. Eriffey, in the Exchequer, Trin. 1726. XX. Cafe of Atwood v. Eyre, in Chancery, on qualifying a Significavit.

XXI. Cafe en devise of real and perfonal eftate, with Mr. Peere Williams's opinion.

XXII. Obfervations on the great expence of profecuting fuits at law, with a plan propofing a remedy.

XXIII. Cafe of Eliz. Dunn on a trial for forgery.

Register of Law Publications from Hilary Term 1788, to Eafter Term 1790.

Trinity Term, 1790.
Michaelmas Term, 1790.

Hilary Term, 1791.

Art. 30. Practice of the Office of Pleas, in the Court of Exchequer, both ancient and modern, compiled from authentic Materials; with Precedents of Pleadings, Reports of Cafes in Points of Practice, and the Rules of Court which now regulate the Courfe and Practice of that Office. By Philip Burton, Efq. late Secondary and First Attorney in the faid Office. 8vo. 2 Vols. 13s. Boards. Brooke. 1791.

The firft volume of this work was published about twenty years ago, and was noticed in our Rev. vol. xliii. The materials, of which the fecond volume is compofed, relate chiefly to the ancient

practice