But, though this profufion of offices fhould have no effect on individuals, there is ftill another newly acquired branch of power and that is, not the influence only, but the force of a difciplined army: paid indeed ultimately by the people, but mediately by the crown; raised by the crown, officered by the crown, commanded by the crown. They are kept on foot it is true only from year to year, and that by the power of parliament: but during that year they muft, by the nature of our conftitution, if raised at all, be at the abfolute disposal of the crown. And there need but few words to demonftrate how great a truft is thereby repofed in the prince by his people. A truft, that is more than equi→ valent to a thousand little troublesome prerogatives.

Add to all this, that, befides the civil lift, the immense re venue of feven millions fterling, which is annually paid to the creditors of the publick, or carried to the finking fund, is first depofited in the royal exchequer, and thence iffued out to the respective offices of payment. This revenue the people can never refuse to raise, becaufe it is made perpetual by act of parliament: which also, when well confidered, will appear to be a truft of great delicacy and high importance.

Upon the whole therefore I think it is clear, that, whatever may haye become of the nominal, the real power of the crown has not been too far weakened by any transactions in the last century. Much is indeed given up; but much is also acquired. The ftern commands of prerogative have yielded to the milder voice of influence; the flavish and exploded doctrine of non-refiftance has given way to a military establishment by law; and to the difufe of parliaments has fucceeded a parliamentary trust of an immenfe perpetual revenue. When, indeed, by the free operation of the finking fund, our national debts fhall be leffened; when the pofture of foreign affairs, and the univerfal introduction of a well planned and national militia, will fuffer our formidable army to be thinned and regulated; and when (in confequence of all) our taxes fhall be gradually reduced; this adventitious power of the crown will flowly and imperceptible diminifh, as it flowly and imperceptibly rofe. But, till that shall happen, it will be our efpecial duty, as good fubjects and good Englishmen, to reverence the crown, and yet guard against corrupt and fervile influence from those who are intrufted with it's authority; to be loyal, yet free; obedient, and yet independent: and, above every thing, to hope that we may long, very long, continue to be governed by a fovereign, who, in all those public. acts that have perfonally proceeded from himself, hath manifested the highest veneration for the free conftitution of Britain; hath already in more than one inftance remarkably ftrengthened it's outworks; and will therefore never harbour a thought, or

adopt

adopt a perfuafion, in any the remoteft degree detrimental to public liberty.'

The enfuing chapter, refpects the rights and duties of subordinate magiftrates, and having treated of persons as they ftand in the public relations of magiftrates, he proceeds to confider fuch perfons as fall under the denomination of the people, (in which body the fubordinate magiftrates are included) and explains their rights and duties in all their various relations.

Having already tranfgreffed our bounds, we muft, for these, explanations, refer the Reader to the work itself; which, from the extracts herein given, he will no doubt be curious to peruse. We cannot conclude without obferving that Mr. Blackftone is perhaps the first who has treated of the body of law in a liberal, elegant, and conftitutional manner. A vein of good fenfe and moderation runs through every page, and he fhews himfelf equally free from that fervile attachment to prerogative which is generally imputed to lawyers, especially fuch as are fervants of the crown, without giving loofe to that undistinguishing factious zeal for liberty, which too often wears the mask of patriotism. Upon the whole he has acquitted himself as a found lawyer, an able Writer, a good subject, and a wor-thy citizen. R-d

The Freedom of Speech and Writing upon Public Affairs, confidered. 4to. 4s. Baker.

IN

N the whole compass of political subjects, there is no question of greater importance than that which our Author hath here undertaken to confider. Freedom of speech and writing on public affairs, is the true ftandard of the ftate of public liberty; and may not improperly be called the political barometer. Under the abfolute and defpotic forms of government, where the will of the prince is the fupreme law, and the people have no concern in the bufinefs of legiflation, it is extremely low, or rather hath no existence at all. In ariftocratic and oligarchic governments it rifes but to a fmall and inconfiderable degree, and for the very fame reafon, in proportion, that it is never to be found in monarchies. It is in popular governments alone, where the people have power in enacting laws, granting fupplies, debating on public measures, and judging of the conduct of their governors, that this valuable and manly fpecies of freedom is ever to be met with in any confiderable extent. Where fubjects are immediately interested in the administration of affairs; where, from the ftructure of their government they are frequently

called

called together to confult for the common good, and feel their own importance in approving and fupporting, or in condemning and rejecting any particular measures, we may expect to find the free and independent fenator bravely opposing the pernicious fchemes of a wicked and corrupt minifter; or in a more public manner, from the prefs, calling upon his fellow-citizens to unite their influence in oppofing the deftructive, and countenancing the wife and falutary measures that are propofed. And wherever, in a free government, we obferve an attempt to fupprefs or bear down this fpecies of freedom; where every man is not protected in the fullest manner in the exercise of it; but the people are intimidated by the infamy of corporal punishment, fines, imprisonment, banishment, &c. it is then the public jealoufy ought to be awakened; it is then the wicked fons of ambition and tyranny are meditating the deftruction of every thing dear and valuable to us as men. That this liberty may be abused to the moft ungenerous and unworthy purposes will not be denied, and fo have the beft bleffings and most valuable privileges which kind heaven hath bestowed on the children of men; and were we to be at once deprived of every bleffing we abufe, it is eafy to fee what must have been our condition long ago: but the benevolent and righteous governor of the world judgeth not as men judge; he continueth our mifimproved privileges; and in imitation of his wifdom and goodness should our earthly governors continue to protect us in those liberties, which are too often abufed indeed; but cannot be taken away without the introduction of greater evils; and of which moreover, though abufed, it is an unjuft and wicked extenfion of their power to attempt to deprive us.

The manner in which the work before us is conducted will appear from the following analyfis of it.

Our Author fets out with obferving the excellence of truth, and the difficulty of difcovering it; from whence he rightly infers the neceffity of a free ufe of the means of discovering it, which are speech and writing. As power is progreffive, restraint on the latter would foon extend to the fuppreffion of the former: and he well obferves, the more injurious the defigns and actions of men are, the greater will be their folicitude to prevent a free examination of them.

This general introduction is followed by an enumeration of the laws againft libels under the Roman emperors; from whence he paffes to an account of the revival of the civil law in Europe, which he imputes not fo much to its utility and excellence, as to its being favourable to the power of princes and ecclefiaftics, of which he gives feveral inftances from the Digeft and Juftinian's Inftitutes he thinks therefore that we ought to revere the REV. May, 1766.

:

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memory

memory of thofe, who prevented the further reception of these laws in England. As for Scotland, he fays, the civil law obtained there in all criminal matters without exception.

Our Author next proceeds to confider the laws relating to torture. Libelling being made a capital crime, their authors became naturally expofed to torture, which according to the civil laws was used in all cafes punishable with death. This cruel and abfurd method of examining by torture crept into the German courts along with the civil law, according to Schilter; though others fuppofe it was introduced long before that time, by the rage of the clergy against heretics. In Scotland this inhuman practice continued till the union, and fome endeavours were made to introduce it into England; for which purpose a rack was formerly brought into the Tower, and is known by the name of the Duke of Exeter's Daughter. Our Author very humanely laments its being fuffered to continue there, and thinks it ought to be brought forth and publicly burnt.

We are next prefented with fome of thofe imperial laws relating to reproachful words uttered against the emperor: which are followed by the mention of those conftitutions that were made against heretics; of which there are no lefs than fixty-fix in the Theodofian code. We then have Lord Coke's opinion about libels, and cafes relating to them in the star-chamber; which leads our Author to give a pretty large account of the inftitution and forms of proceeding in that iniquitous court, with its final abolition in 16 Charles 1. when there was an express inhibition to erect for the future any court with the fame or like jurifdictions; from whence our Author infers very juftly and pertinently, that no precedents taken from that court fhould be made ufe of in any modern proceedings in cafes of libcls.' The power of the ftar-chamber was greatly increased under James, who endeavoured to establish defpotifm in England, in conformity to the government of Scotland, where, according to Sir James Mackenzie, whom our Author follows, the king was, by the laws, poffeffed of abfolute power. The next reign ftill aggravated matters further, as appears in the cafes of Baftwick, Prynne, Lilbourn, Bp. Williams, &c. &c. which, whenever a true Englishman reads, let him cry, Praiseand glory on their heads who delivered this country from fuch execrable tyranny.'

It is the opinion of our Author, that all the records of this court were purposely deftroyed, that no proof might remain to pofterity of the abominations practised in it. It was natural to pafs from hence to the liberty of the prefs, which, as is juftly obferved, had it prevailed, would have prevented many unjuft and pernicious acts of the governing powers, acts fatal in their confequences

confequences to the governors themfelves, as well as to the unhappy fubjects who groaned under them. Matters of public and common concernment are proper objects of public knowlege and common debate; but this knowledge cannot be acquired, nor can such debate be carried on, without the freedom of speaking and writing.

The book concludes with fome remarks, neither new nor uncommon, on the prefent ftate of the colonies. The Author appears to be a hearty but fober friend to public liberty, and his treatise contains feveral judicious and important remarks; but it is written in a verbofe declamatory ftyle; the tranfitions from one fubject to another are immethodical and abrupt; and the whole bears the evident marks of a hafty compofition.

MONTHLY CATALOGUE,

For MAY, 1766.

MISCELLANEOUS.

Art. 13. The Philofophy of Hiftory. By M. de Voltaire. 8vo. 5s. Allcock.

A

Tranflation of La Philofopbie de L'Hiftoire; of which our Readers have had an account in the Appendix to our 32d Vol. The name of Bazin, printed in the title-page of the original French, is probably mere invention.

Art. 14. An Anfwer to the Cafe of the Mills Frigate. 8vo. IS.

Willock.

Relates to the contefied infurance on the good hip mentioned in the title-page. This caufe is not to be determined in the court of criticifm, but in a court of law.

Art. 15. Arithmetical Collections and Improvements. Being a complete Syftem of Practical Arithmetic. By Anthony and John Birks; late Mafters of a Boarding-school at Goferton, and now of the Free-writing-fchool at Donnington, Lincolnfhire. 6s. Hawes, &c.

This compilement feems to be very judiciously performed; and, as the ingenious Authors fay, in their preface, properly adapted to the use of the gentleman and the scholar, as well as the man of business. Art. 16. A Letter from Mr. Voltaire to M. Jean Jaques Rouleau. 12mo. 1s. 6d. Payne.

This pretended letter from Mr. Voltaire is founded on fome paffages in the anecdotes relating to Mr. Rouffeau, of which we gave an ab. ftract in our laft Appendix. Mr. Voltaire had, in thofe anecdotes,

This abstract is fubjoined to the prefent letter, by way of illuf

tration.

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been