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The chapter on Egyptians, (Gypsies,) sorners *, exactors of black-mail, vagabonds, and harbourers of vagabonds, is curious and entertaining in a high degree; as such we had marked it for insertion: but the recollection of our limits obliges us to refer our readers to the volume itself. We must, however, observe that the statute 5 Eliz. c. 20. which made it felony without benefit of clergy to be seen for one month in the company of persons who call themselves, or are called, Egyptians, is repealed by the statute 23 Geo. 3. cap. 51.

The Riot act 1 Geo. 1. cap. 5., and the statute 12 Ann. c. 16. as relating to Usurious Stipulations, both extend to Scotland; and the law of High Treason is by the act of Union similar in both countries.-Barratry in Scotland is a crime of a different nature from that which exists under the same name in England.

By the law of England (says Mr. Hume) it is the offence of stirring up frequent suits and quarrels among his Majesty's subjects. The term is, however, of foreign origin, and in Italy and other countries seems ordinarily to have been applied to the traffic of ecclesiastical benefices; but was afterwards used in a more general sense, as applicable to all corrupt buying and selling of justice. With us (in Scotland) it signified the corrupt purchasing of benefices, or offices of collection, from the see of Rome, by persons who left the

It was ordained by a statute of James VI. parl. 1567. cap. 21. that no man should accept the assurance or protection of thieves, or pay them black-mail, under the pain of death and the escheat of moveables. By the stat. 43 Eliz. c. 13. it is made felony without benefit of clergy to imprison or carry away any subject, in order to ransom him, or to make prey or spoil of his person or goods upon deadly fend or otherwise, in the four northern counties of Northumberland, Westmoreland, Cumberland, or Durham; or being accessory before the fact to such carrying away or imprisonment; or to give or take any money or contribution, there called black-mail, to secure such goods from rapine.

It is supposed by Dr. Gilbert Stuart, that the present mentioned in the statute of James was called Black-mail, because it was a payment in cattle; it was afterward a payment in corn, and then in money. When payments, according to Blackstone, were reserved in silver or white money, they were antiently called white-rents, or blanch-farms, reditus albi; in contradistinction to rents reserved in work, grain, or baser money, which were called reditus nigri or blackmail.

Spelman, in his Glossary, under this word, describes Black-mail to be Tributum quod pauperes quidam Angli limitanei, potenti alicui. Scoto limitaneo, ideo aliquando pendebant, ut a latrunculis et prædonibus Scoticis (prædam ex Angliaâ ducentibus) tutarentur; et e contra. Dictum quod juxta pendentium tenuitatem, are vel opsoniis plerumque pendebatur, non ar gento." Spelmanni Glossar. p. 83.

realm

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realm for that purpose; a practice which had become frequent, and
was, in more views than one, injurious to the realm; as a means of
carrying money out of it, without any return of value, as prejudicial
to the right of patronage in the King or others, and to the free elec-
tion of the Monks in the monasteries, both which the Pope by pre-
véntion pretended to exclude; and as contributing to raise the rate of
taxation upon benefices, by the false accounts which those suitors for
the office of collector carried to the Pope.'

We have now examined the contents of these volumes, and
have given our readers such a view of them that they may
easily determine what is the chief difference between the two
codes; whether it consists more in terms of art, or in sub-
stance. Lord Kames on this subject says, "Our law will
admit of many improvements from that of England; and if
the author be not in a mistake through partiality to his native
country, we are rich enough to repay with interest all we have
occasion to borrow." The sentiment is in our opinion both
liberal and just.

We must not dismiss this article without declaring that we have read the whole performance with pleasure and instruction; nor without recommending it to the attention of the public, for the distinctness and accuracy of its information, the moderation and candour of its sentiments, and the clearness and frequent eloquence of its diction.

The volumes are enriched by a copious table of contents in the form of an analysis, and by a good index.

ART. X. The Works of Horatio Walpole, Earl of Orford. 4to.
5 Vols. 1ol. 10s. Boards. Robinsons, &c. 1798.

THE

HE amusement which we may find in a new publication, by an author of whose abilities we have had no specimen, is so precarious, that such a voluminous work as that before us would have excited terror and dismay if it had appeared under those circumstances: but, coming from a writer who has so frequently entertained us, and whose reputation for wit, taste, and knowlege, is so well established, the mere external glance at the volumes, though uncommonly bulky, was of good promise, and even exhilarating.

So far from having been able, as yet, to enter on a critical discussion of the merit of the several articles contained in this very interesting publication, we have scarcely had leisure enough to cut open the leaves of the first volume. For the present month, therefore, we must content ourselves, and (we hope) our readers, with announcing our intention of being somewhat *Our readers will recollect that Lord Orford's works are but just published. circum

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circumstantial in our account of such pieces in this collections as have not been previously published, or were not known to have come from the lively pen of Mr. HORACE WALPOLE, late EARL OF ORFORD. We shall not be able, at this time, to give our readers much more than the list of contents in the first of these volumes: but, even in doing this, the editor's modest preface must not be passed unnoticed; much less his paternal and affectionate effusions respecting one of his two amiable and accomplished daughters; which he could not suppress without ingratitude to Providence, and censure from that part of the most polished public which has the pleasure of knowing the person, conversation, and talents, of his fair assistant. It is happy for the memory of the noble author, that his Reminiscences were consigned to such judicious editors.-It seemed to have been the wish of all Lord Orford's acquaintance, who had the good fortune of conversing with him, or hearing him narrate, that there had been a machine, like that attempted by Merlin for taking down voluntaries, or extemporaneous pieces of music, which, after the fit of enthusiasm and genius that produced them is over, evaporate and are irrecoverable; or are so injured by cold reflection and imperfect remembrance, in giving them a notation, as not to be recognizable by those who enjoyed them warm from the brain. The office of such a machine seems to have been performed in securing these remains, in the true taste and expression given to them by their original author at their birth.

Indeed, as far as we are yet able to judge, the work of the editor, as performed by Mr. Berry and his fair associate, does honour to the memory of their deceased friend, and to the English press. The type, paper, and embellishments, are equally excellent; and the notes are unobtrusive, necessary, short, and judicious.

A head of his Lordship is prefixed to the first volume, which was extremely like him many years ago, and which will convey to posterity a more favourable idea of the countenance intended to be represented, than the heads which the friends of Gray and Gibbon have placed as frontispieces to their works. The portrait of a deceased friend or illustrious character, which had a strong resemblance at any one period of his life, is valuable: but infinitely more so when taken at the best period of his health and comeliness:

“One would not sure be frightful, when one's dead.”

To behold a sick, infirm, and emaciated friend or favourite, is always painful, whether alive or dead, when the resemblance reminds us of his sufferings and decay. Lord Orford being

asked,

asked, by a friend who was anxious for his recovery during his last illness, how he did, and hoping that he found himself better than when he saw him last: his Lordship, with his usual pleasantry, answered-" Oh yes-I am as well as I can be-I am at my best-I can never be better."

The first volume of this publication contains the noble author's Juvenile poetry consisting of Verses in Memory of King Henry the VI.-Epistle from Florence to T. Ashton, Esq.-Inscription for the neglected Column in the Place of St. Mark.-The St. James's Beauties. We were very glad to meet with this last gallant and agreeable old acquaintance, which is elegant and characteristic, and was much admired when it first was handed about. The Duchess Dowager of Leinster, who was the author's Venus, and Lady Ailesbury, (we fear,) are the only two of these beauties now in existence! We are old enough, however, to answer for the strong resemblance of these portraits in the year 1746. After these verses, we have an Epilogue to Tamerlane The Entail, a Fable-Epigram on Admiral VernonPortrait of John Earl Granville-Verses prefixed to the Poems of the Countess Temple-The Magpie and her Brosd, a Fable-The Mysterious Mother, a Tragedy-Epitaph on the Cenotaph of Lady Walpole. The rest of the volume is prose: Scheme for raising as large Sum of Money by Message Cards and Notes - Advertisement to the History of Good-breeding. Eleven papers in the periodical work intitled The World, by Adam Fitz-Adam-Letter from Xo Ho to his Friend Lien Chi-Inquiry into the Person and Age of the long-lived Countess of Desmond-Inscription on a Picture of Pope Benedict XIV.-Advertisement to Paul Hentzner's Account of England-To Lord Whitworth's Account of Russia-To the Mistake, a Comedy-To the Life of Lord Herbert of Cherbury-To a Catalogue and Description of Charles the First's Collection-To that of K. James II.-To that of George Villiers D. of Buckingham-Catalogue of the Royal and Noble Authors-Supplement to ditto-Peeresses-Scots Authors-Irish Peers-Pieces omitted in the foregoing Catalogue-Nable Authors omitted in former Editions -Index

In all these pieces, fancy and humour of a peculiar cast are observable. Indeed the thoughts that frequently sparkle in the poetry are better than the expression, many of the lines being harsh and aukward. The polished verses of his friends Gray and Mason did not, at this early period of his literary life, lie before him as models. We shall have something perhaps, hereafter, to say to many of these juvenile poems, particularly the Fables; which are ingenious and pleasing, and as we do

*This is inserted in Dodsley's Collection.

not recollect to have seen that intitled the Entail in any other printed book, we shall here present it to our readers as a specimen of the ingenious and fanciful author's rhymes. We are told, in a note, that this piece was occasioned by the author's being asked (after he had finished the little castle at Strawberry Hill, and adorned it with the portraits and arms of his ancestors) if he did not design to entail it on his family?"

The ENTAIL, a Fable.

In a fair summer's radiant morn,
A BUTTERFLY, divinely born,
Whose lineage dated from the mud
Of Noah's or Deucalion's flood,
Long hov'ring round a perfum'd lawn,
By various gusts of odour drawn,
At last establish'd his repose
On the rich bosom of a rose.
The palace pleas'd the lordly guest;
What insect own'd a prouder nest?
The dewy leaves luxurious shed
Their balmy essence o'er his head,
And with their silken tap'stry fold
His limbs enthron'd on central gold.
He thinks the thorns embattled round
To guard his castle's lovely mound,
And all the bush's wide domain,
Subservient to his fancied reign.

Such ample blessings swell'd the FLY!
Yet in his mind's capacious eye
He roll'd the change of mortal things,
The common fate of flies and kings.
With grief he saw how lands and honours
Are apt to slide to various owners;
Where Mowbrays dwelt how Grocers dwell,
And how cits buy what barons sell.
"Great Phoebus, patriarch of my line,
Avert such shame from sons of thine!
To them confirm these roofs," he said;
And then he swore an oath so dread,
The stoutest wasp that wears a sword,
Had trembled to have heard the word!
"If law can rivet down entails,

These manours ne'er shall pass to snails.
I swear"-and then he smote his ermine-
"These tow'rs were never built for vermin."
A CATERPILLAR grovel'd near,

A subtle slow conveyancer,

Who, summon'd, waddles with his quill
To draw the haughty insect's will.
None but his heirs must own the spot,
Begotten, or to be begot:

Each

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