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long before they would return in the fame degree; and when they do fo, they ought again to be reformed. Nothing furely can be clearer than that a more equal reprefentation would be perfectly fuitable to the original defign and fpirit of the British form of government; and though it might not be followed by a removal of every political complaint, it could not avoid being productive of important benefits. After all that our Dialogift hath advanced, we ftill are perfuaded, with Bishop Burnet and Lord Chatham, that the Boroughs are the rotten part of the Confitution; and we ftrongly feel, with Mr. Locke, that it is highly abfurd, "that the bare name of a town, of which there. remains not fo much as the ruins, where scarce fo much houfing as a fheepcote, or more inhabitants than a shepherd, are to be found, fhould fend as many Reprefentatives to the grand Affembly of Law makers, as a whole County, numerous in people, and powerful in riches."

From the cafe of unequal, the Writer' paffes on to the cafe of improper representation. He then explains what is effential to the prefervation of the conftitution, gives a flight historical review of it, and confiders Lord Burleigh's maxim," that. England could never be ruined but by a Parliament." That period, our Author hopes, will never exist.

Judging, faye he, at leaft, from the conflitution grown up to its prefent maturity, and the effential parts of it at this day excellently well preferved, I flatter myself, that period will fearce arrive, till univerfal barbarifm once more darkens this western hemifphere; and political liberty, with fcience its constant companion, is exiled to fone diftant part of the globe.'

We cannot but exprefs our ardent wish that these fanguine hopes may be justified by the event.

A general view of the English conftitution having been ex-hibited in the former part of the dialogue, a tranfition is next made to the legal polity of this country, under which head a number of queftions are examined, for which we must refer our Readers to the work itself. They will here meet with: much valuable information concerning the general divifion of our laws; the objects, extent, antiquity, and origin of the common law; and the effential nature, confequences, titles, formal parts, and diftinctions of Acts of Parliament. The fundamental rules of construction, fome particularities as to the fanctions of our laws, the true idea of judicial decifions, their ufe as precedents, the authority and qualities, of good reports, and other fubjects of a fimilar kind, are, likewife, well ex-. plained.

If, fays this Writer, I was to form a Scale, by which the authority of legal precedents might be meafured; the precedents fub filentio would obtain the lowest place: next above thefe (but fo much

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above thefe, that, in comparison, the firft are almost as the freezing point in the thermometer is to the fpring temperature) I confider the opinion of a fingle Judge at nifi prius, on a point directly in queltion: then, higher up the fcale, the determination of any one Court in Westminster-hall: much higher than this, that very determination : confirmed by another Court on Writ of Error: and the highest of all, the determination of the fame cafe, on a Writ of Error in the House of Lords. This laft has the highest place imaginable in the fcale of judicature; and affords evidence of common law, or of the expofition of an Act of Parliament, no way inferior, in point of authenticity, to the exprefs pofitive text of an Act of Parliament itself."

The trial by Jury is particularly confidered by our Author. This mode of trial he justly calls the nobleft form of policy that was ever invented on earth; and he endeavours to thew that it has been improved by various regulations, that it is not abfolutely fuperceded by any other courfe of enquiry, and that it is not impaired by the proceedings in Courts after verdicts. But the point which is most laboured by him is, that Juries are, in their nature, judges of the fact only, and not of the law. He fully examines the contrary doctrine, and it would be injuftice to him not to acknowledge, that he hath supported his own opinion with great strength of argument. Nevertheless, we cannot entirely affent to what he has faid upon the subject. We ftill think, with Sir John Hawles and other refpectable Writers, that a Jury may take upon them to determine concerning the whole caufe before them, as combined of fact and law. Had they not fuch a power, their verdict, in many cases, would be rendered very infignificant, and the rights and liberties of Englishmen be expofed to the utmost danger. Befides, is it not ridiculous to fuppofe that a Jury, with the affiftance of the Council and the Bench, cannot ufually form a fatisfactory judgment, when the whole courfe of juftice proceeds upon this principle, that every criminal is acquainted with the law, and is to be punifhed for the violation of it?

The peculiar excellence of the criminal law of England is thus briefly and judiciously stated:

• The Criminal Law of this Country, is one of thofe points of eminence in the Conftitution, that taking your view from thence, you may command the most extenfive profpect of liberty, and look down (as I may fay) on all other Governments far below it. I think this will be evident, if I remind you ever fo little of the nature of crimes and their punishments; of the manner of charging and convicting criminals.

The Laws of England, in relation to Crimes, differ very much from thofe of other States; and are excellently fitted to the convenience of the English government. I do not fuppofe any country has fuch fixed and precife ideas of crimes. Of which the various and well defined fhades of guilt in treafon, homicide and thefts are

very remarkable inftances. This precision is the more necessary, becaufe the punishment is, (as I hinted) in all cafes of crimes, as fixed as the crimes themselves.

The complexion of our penal laws is no more fevere than it is arbitrary. All torture is difclaimed even as a punishment, much less ufed as the means of conviction, as it was by the Roman law, and ftill is in many other countries.'

As it has been propofed that death, in fome capital cafes, fhould be exchanged for hard labour, the learned Author fully examines this propofition, and offers two reasons, why the law, in the cafes alluded to, fhould ftand as it is. 1. Because the law, as it ftands, beft answers the nobleft purpofe of criminal law, that of preventing a crime, rather than punishing the person who commits it. In maintaining this affertion, our Dialogift confiders the power of punishing, and the power of pardoning taken together, as parts of the fame fyftem. But 2. He thinks that the law is much better as it ftands, than to have it altered on the grounds which have been propofed, because the law cannot well be altered on those terms but against the direct fpirit of the Conftitution. Thefe points appear to us to be clearly established.

Omitting feveral other topics, we proceed to the conclufion of the volume, in which we find the following delineation of the great excellence of our Constitution.

After all we have said, does it feem too much to affert, that, every thing fairly confidered, the English Constitution may ftand the moft rigid tefts of history and experience, to have its excellence juftly weighed; and that it may be compared with thofe of any age, or country? That it wants few of thofe improvements, which the boafted plans of perfect Commonwealths, thofe idle dreams of mere fpeculative Politicians, have obtruded on the world; often without knowing the real nature and genius of their own ?-And that it is not affected (if the whole is taken together) by thofe little ftrokes of fatire in the celebrated draughts of fancy, in the Utopia, Atalantis, or Hounhym land?

And as far as it is in the power of good laws, in aid of the Conftitution, to make good fubjects, we are happy above all others. And yet, when I fay this, I do moft heartily join in the wifh, that our body of Statute Laws were to be thoroughly and maturely reviewed. Their perpetual encrease even on the fame fubjects, is an additional argument, that Lord Bacon who recommended it even in his days comparatively wanted: and in time of profound peace, it would perhaps be as great a fervice, and public bleffing, as the Pärliament could beftow on the nation! But as to the bulk of our laws, confidered merely in itself, I own, I do not fee it in the light fome affect to place it in. It has, indeed, been well obferved by Tacitus, corruptiffima Refpublica, plurimæ leges. But I would confider the multiplicity of our laws in a more amiable light; not fo much as the confequence of corruption, as of a jealous regard to liberty, Our. Conflitution, by particularly defining every thing by law, leaves us

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free in every cafe where the law does not oblige; and, therefore, the law, to reach all cafes, and not be arbitrary by conftruction, muft, in its nature, be voluminous.

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But a number of laws, if they are evidence of corruption, are made, at the fame time, to check its progrefs, and to fecure us from its effects.'

We entirely agree with the Author, that there is no way more effectual to restrain vice, than by good education of children, and good examples of parents:

• Without the latter, fays he, the beft impreffions acquired from the former may be foon effaced: where it prevails, its influence will extend to the utmost verge of domeftic authority. And can it be doubted, whether that fubordination and regularity that grace a family are most likely to be ferviceable to a State? Let every one, therefore, in his own houfe, have a kind of Perfian School of Juffice. Let the foundations be laid early for making a good Man, and a good Chriftian; which will, in due time, form the most perfect character in this world, (as comprehending thofe two, or rather giving full fcope to the latter, by enlarging the fphere of virtue to its utmoft) in compleating that of a good Citizen. Then the laws will have the best effect, that can even be wished for in theory, that of being a rule in all cafes, rather than a restraint in a few.'

The whole fourth volume confifts of notes and references, in confirmation of the doctrines advanced in the course of the dialogues.

With regard to the general character of the work before us, our Readers will perceive that its merit is of a mixed kind. In fome refpects, it breathes a fpirit of liberty: in others, it is rather favourable to high notions both in Church and State. The Author poffeffes confiderable vigour of imagination, and very extenfive learning. His compofition is free, easy, and manly; but, at the fame time, greatly deficient in elegance and correctnefs. It is even frequently defective in point of purity. The abominable Londonism, of using the active verb lay, instead of the neutral verb lie, often occurs; and other improprieties, of a fingular nature, might readily be fpecified.

If the Writer of these Dialogues fhould hereafter lay afide certain prejudices of education and profeffion, and make fome improvement in the article of ftyle, it will undoubtedly be in his power to appear in public, with the highest degree of ad

vantage.

ART. V. Lord Chesterfield's Letters continued: See our laft Month's Review.

E now open the fecond volume of these elegant and en

W tertaining letters, which, like the firft, abounds with

fuch a variety of tempting flowers, that we are bewildered in the multiplicity, and at a lofs which to felect for the nofegay of the prefent month,

This literary collection is not, however, in all refpects, to be compared to thofe beautiful gardens in which we meet only with the most valuable flowers, and the choiceft fruits. On a clofer infpection, we are forry to obferve among them, fome of the rankeft weeds, and moft noxious plants +, which we cannot but view with disgust and furprize: for how shall we account for their appearance among thofe admirable productions to which they are in their nature fo heterogeneous, and fo difgraceful? That Lord Chefterfield fhould happen to diffeminate the feeds of this baleful crop, may not feem altogether ftrange to those who knew him to have been, what a witty Lady once farcastically styled him, " a Gentleman of eafy virtue" but that the Fair Gardener who undertook the care and culture. of the foil fhould fuffer them to grow in it, is matter of amazement to us, and, furely, will not reflect honour upon her!

The exceptionable paffages here chiefly alluded to, are those in which Lord C. in the excefs of his folicitude left his fon fhould be unnaturally infenfible to the calls of pleafure, and too much addicted to books or to bufinefs, advifes, nay preffes him to female attachments. We have not the leaft objection to any of thofe agreeable attentions to the Fair, which perhaps equally contribute to the polishing and refinement of both fexes; nor are we at all inclined to contravert his lordship's maxim-that "the concurrence of the two fexes is as neceffary to the perfection of our being, as to the formation of it." But when this noble, modern Ariftippus comes to recommend to his young difciple fo unrestrained an indulgence of his inclinations as the invasion of another man's bed, we start with aftonishment, and view the feductive, licentious Counsellor with horror. The Reader fhall fee that we have but too much ground for this severity of stricture.

A propos, I am affured that Madam de Blot-is exceffively pretty, and yet has been fcrupulously conftant to her husband, though he has now been married above a year. Surely fhe does not reflect, that woman wants polishing. I would have you polish one another reciprocally. Force, affiduities, attentions, tender looks, and paffionate declarations, on your fide, will produce fome irrefolute wishes, at leaft, on hers; and when even the flightet wishes arife, the reft will foon follow.' Lett. xxx. addreffed to Mr. Stanhope at Paris, 1751.

Let not the prevailing modes of gallantry in France be urged in excufe for this fatherly piece of advice to a young man of fashion, fent thither to complete his education, and acquire les maniéres, les agrémens, les graces, to perfection.Are

+ The richer the foil, the more fruitful of weeds, is a trite but true obfervation.

Mrs. Stanhope, who committed thefe Letters to the prefs.

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