fion a friend to the liberties of mankind, and an enemy to tyranny and oppreffion. He proceeds next to take notice of a complaint, frequently made concerning the vaft multiplicity of our ftatute laws, which has been deemed the occafion of fuch confufion and perplexity, that propofals to reduce their bulk, have been long fince recommended to the parliament from the throne itself. He is, by no means, however, for having the laws which have been altered or repealed by fubfequent acts, left out of our ftatute books; as by fuch means, he conceives pofterity might be greatly at a lofs to account for several inftitutions, which are only to be explained by reference to thofe venerable relicks of antiquity. He thinks, it may be a queftion, therefore, whether an attempt to contract the bulk of our ftatute code by fuch expedients, might not prove an innovation more dangerous than useful; there being many repeated and obfolete acts, which, though they do not govern, are yet very proper to guide; as they frequently contain matter of curious learning, and may often ferve the purpose of hiftorical proof and illuftration. Knowing full well the paffion we are fometimes apt to contract for the most infignificant appendages to the favourite objects of our attention, we do not wonder our learned Editor is fo loth to part with his antiquated statutes; nay, we are well fatisfied of their utility, in the method he hath reprefented. With due deference, however, to the learned in the law, we really think a code is not the moft proper repofitory for mere matter of curious learning; but that thefe venerable relicks of antiquity might be preferved in fome other form, equally to the emolument of the learned, and to the lefs perplexity of the ignorant. Indeed our Editor himself feems ingenuously to acquiefce in the juftice of the objection; tho' as a lawyer, he may poffibly think acts of parliament articles of profit, and be therefore unwilling to fee his ftock in trade diminished. Raillery, however, apart, we cannot fufficiently admire his liberal fenfe of freedom, and that ftrict regard which he displays for the principles of natural juftice; qualifications for which the gentlemen of his profeffion have not been always the moft remarkable. "It is indeed to be lamented, fays he, that our penal laws are fo numerous; but perhaps this is an inconvenience unavoidably refulting from the wide and extenfive concerns of a commercial kingdom. Though a state confined within a narrow fphere of action, may be very vicious, yet the modes of vice will not there be greatly diverfified: offences will multiply, as 3 the the pursuits and occupations of mankind grow more various and diffufive and in a kingdom so jealous of its liberty, as to leave as little as poffible to difcretionary power, every offence muft be precisely defcribed; therefore it is well obferved by Montesquieu, that the multiplicity of our laws is a price we pay for our freedom." To this, however, it may be answered, in the terms of the proverb, that even pearls may be bought too dear. The beaft who falls a prey to the Lion, dies a lefs lingering and painful death, than that which is left to be worried by dogs. It is but fmall comfort to a poor man, who is hunted by a rich and powerful plaintiff through the courts, till he is ruined by the expence and chicanery of law, that he lives in a free country, where he cannot be ruined all at once by a defpotic prince or an infolent Baron. The liberty and fecurity of a people, which do not affect every individual, however it may ferve for a public boaft, is hardly worth seriously contending for. If the perplexity of our laws, and thence the mal-administration of justice should ever make the liberty and property of individuals as precarious and infecure, as they were in times of defpotifm, the nature and minifters of their oppreffion only are changed; the degree of it will be the fame. And, let us tell our ingenious Editor, that this is a matter of more ferious concern, and of much greater importance, than the prefervation of any matter of curious learning, that may be contained in thofe venerable relicks, his old acts of parliament. In fpeaking of our penal laws, this learned writer drops a hint or two, which we fhould be glad to fee perfued much farther. "It may not be improper to obferve, fays he, that our ftatute laws with respect to criminal offences, feem to breathe too much the fpirit of Draco's; all degrees of offence being confounded, and all proportion of punishment destroyed: whence many delinquents are, with cruel precipitancy, hurried out of the world for flight tranfgreffions, who, by prudent and adequate correction, might be made ufeful to themfelves and to fociety. Men, bewildered in the maze of ftoic fophiftry, may. revolt against the obvious principles of nature, and contend for the neceffity of commutative justice: but reafon evidently declares, that punishments fhould, as nearly as poffible, bear proportion to the offences committed: and, though this rule cannot, in fome cafes, be ftrictly adhered to, yet it ought, in general, to be the guiding principle. -Adfit Regula, peccatis quæ pœnas irroget æquas : "Ex « Experience sufficiently evinces, that extraordinary severity has never produced any lafting effect. It has indeed been fome times found to check the evil for a time, but then, as Montefquieu obferves, it has returned with the fame violence as before. To render the intended effect permanent, the laws should be adapted to the genius of the people, and the nature of the conftitution: And it would be a tafk well worthy the wifdom of the legislature, fo to model them that they may better answer the true ends of government, which are to prevent, rather than to punish crimes." Nay, he fcruples not to infinuate, that the prefent unequal fyftem of our criminal laws, is not calculated even to answer the end of deterring offenders. He conceives, alfo, that many other amendments might likewife be made by legislative authority: and many irregularities in the frame of our ftatutes corrected without any hazárd of inconvenience. That feveral laws enlarged, explained, continued or revived by fubfequent ftatutes, might be reduced into one act and where various matters, in no wife relative to each other, are comprifed in the fame ftatute, they might be digested and claffed under proper heads. "In the prefent edition, fays the Editor, fome attempts have been made, which may, perhaps, in no fmall degree, obviate the abovementioned inconveniencies, refulting from the confufed and irregular state of our ftatute law. With a view to this end, great care hath been taken to correct the errors, and fupply the defects in former collections, by rectifying many miftaken and imperfect references, and by fpecifying the operation of the acts referred to; that is by distinguishing whether they repeal, enforce, explain, continue or revive the act under confideration. Moreover, where the ftatute referred to, contains matter relative to fubjects of different natures, the reader is directed to the very fection which regards the object of his inquiry and for the fake of greater accuracy, particular attention hath been paid to place the act referred to, where it hath been found practicable, directly oppofite to the claufe affected by the reference. Many thoufand new references likewise are added in this edition, which are brought down to the prefent time, in a progreffive chain; and alfo traced upwards in chronological order, by which means the reader will have the ftatute law relative to the fubject of his purfuit, under his immediate infpection." The reader will readily fee that the connected view, thus planned out by the Editor, is very judiciously calculated to obviate the fatigue and difficulty of tedious and intricate fearches ; as by this method of comparing fubfequent ftatutes with those mparin REV. Jan. 1763. F pre preceding, the ftudent may fee how the law ftood at fucceffive periods, may perceive wherein it was ineffectual, and, by attending to the progreffive alterations and amendments which have been made, he will be more eafily led to the true meaning and defign of the acts under his confideration. The Editor enumerates feveral other advantages which recommend this edition, in preference to any preceding one, to the notice of the public. But for these we must refer the Reader to the work itself. With regard to the tranflation he remarks, that it has been obferved by Mr. Serjeant Hawkins, that the old tranflation hath obtained a kind of prefcriptive authority: and," he adds, "that it is easy for the Reader to correct the mistakes in it, by the help of the original." But, with deference (continues he) to the Serjeant's opinion in this refpect, it must be obferved, that the tranflation is intended for the benefit of those who are not qualified to refort to the original. For this reason, the prefent Editor hath taken upon him to correct fuch mistakes as were moft obvious in the old tranflation, and to make it throughout more conformable to the original. In the early ftatutes, he obferves, the errors of the verfion are exceedingly numerous, more particularly in the ftatute de officio coronatoris ; and that, in many others, there are frequent and very material mistakes. As he thinks, neverthelefs, very modeftly, that it might be deemed prefumption in him to alter the old tranflation in the text, he hath printed it, as it ftands in former editions, and has afferted the piopofed amendment in the margin; whereby the learned Reader, fays he, will be able to determine for himself, and may either adopt or reject the marginal alteration, as his better judgment fhall direct him. In a collection of this extent and importance, a perfpicuous and correct table is, doubtlefs, one of the most effential requifites; the Editor propofes, therefore, to make a new table or index, alphabetically arranged, in which he promises, that many general heads, omitted in former editions, fhall be fupplied, and that many particular articles likewife will be added, which are not taken notice of, under the general heads inferted in prior editions; the whole being arranged with fuch order and perfpicuity, that the Reader may be enabled to find all the laws at one view, on whatever fubject he may have occafion to turn his attention. Such is the Editor's defign; in the execution of which, if we may judge from that appearance of great knowledge and affiduity which is difplayed in the prefent volume, there will be wanting wanting neither industry nor abilities, both which are undoubtedly requifite, and that in an eminent degree, to the completion of fo laborious and comprehenfive an undertaking. Elvira; a Tragedy. Afted at the Theatre-Royal in Drury-Lane. 8vo. Is. 6d. Millar. LTHOUGH Mr. Mallet, the Author of this tragedy, A has, in his dedication of it to Lord Bute, difclaimed its bearing any immediate relation to public affairs, yet we cannot but think it is too particularly well-timed to have been merely the effect of accidental coincidence. Our connexion with Portugal, where the scene of this tragedy lies; the favourable light in which the court of Lifbon is here placed to our view; but above all, the pacific fentiments, the idea of a monarch who places his glory, not in that military spirit which operates to the deftruction of mankind, but in cultivating the arts of peace; are all circumstances which unite to ftamp this play with the character of a political performance. It is, however, not altogether a new work. The custom of building fuperftructures upon foundations laid by foreign, and particularly by French writers, appears now to be fo thoroughly eftablished with our dramatic poets, that the beft of them do not difdain to adopt the practice; which we are forry for, as it seems to acknowledge our want of genius to produce originals of our own. But as borrowing is lefs fcandalous than fealing, our theatrical brokers, who trade fo largely on the capital of others, have always the grace to acknowlege their obligations to their principals. Thus Mr. Mallet, in a poftfcript to the printed copies of this play, fairly owns the ufe he has made of Mr. de la Motte's tragedy, founded on the fame melancholy event; for the particulars of which, as well as for many of the poetical embellifhments, both the French and English bard are originally indebted to that excellent poem, the Lufiad of Camoëns. The story was, without doubt, a very proper one for the bafis of a tragedy; and not the lefs adapted for that purpose, by having its founda tion in historical truth. The incidents, as they are found in Mr. Mallet's performance, are fimple, natural, and affecting, and arise out of one another with very little intervention of art in the decorations furnished by the poet. In refpect to the language, this piece is at least equal to any of our late tragedies; few of which, indeed, have rifen to excellence, but Aill fewer have funk below mediocrity. The prologue is a very good one; and the epilogue, written by Mr. Garrick, like moft F 2 of |