ART. XI. Reports of Cafes upon Appeals and Writs of Error in the High Court of Parliament, from the Year 1701 to the Year 1779. With Tables, Notes, and References. By Jofa Brown, Efq; Barrifter at Law. Folio. 2 Vols. 41. 4 s. in Boards. Uriel. 1779. T is fortunate for the learned world, when individuals are actuated by that liberality of fentiment, which difpofes them to throw their feparate poffeffions into the common stock of letters and of science. Valuable collections and compilations are thus communicated to the public, which no fingle industry could furnish, and of which no private fortune could sustain the expence. This benefit (which, by means of the prefs, has been more extenfively and more largely diffufed) the profeffors of the law have fhared in no inconfiderable degree. In his preface to the prefent publication, Mr. Brown expreffes his gratitude to feveral gentleman at the bar, for the affiftance they have afforded him in this work. He mentions, particularly, his having been favoured with the collections of the late Lord Chancellor York, and Lord Chief Juftice Raymond. But it is not merely from the circumftance of these great lawyers having thought a collection of this kind an object worthy of their attention, that we confider the book now offered to the public, as a valuable acquifition to the library of a lawyer. For want of being judicioufly arranged and digested, the most valuable materials are ufelefs to the poffeffor, and are found to embarrass and diftract, rather than affift. What has happened to other collections has happened to those of the cases determined by the house of peers. Like fome valuable remains of antiquity, in the cabinets of the curious (to borrow Mr. Brown's allufion), they are poffeffed indeed by a few, but far from being of the utility to thofe few that might be derived from them, if they were properly methodifed. To obviate, therefore, the inconveniences which have attended both the want and the poffeffion of these cafes, this gentleman acquaints us, that he formed the plan of rendering them as ufeful as they are valuable.' And the first-fruits of this plan are the two volumes before us, which include a period of twenty-two years, ending A. D. 1724. As to the conduct and execution of the work, it is fufficient to obferve, that the reader will find a full ftate of every cafe, and of the reasons urged by the counsel on each fide, extracted from the printed allegations of the contending parties, in clear and fuccinct language; together with the judgment of the Lords, as entered in the journals of the house. To those who are acquainted with the model in which law-proceedings are carried on in the house of Peers, it will be needless to mention, that that the arguments on which their Lordships ground their judgments of affirmance or reverfal, do not appear in this work. We believe it is generally understood, to be a breach of privilege, to take any notes of what falls from the noble Lords, in debates of whatever kind, and that this restriction holds as well in their judicial as in their legislative capacity. Whether this be not a deviation from their original conftitution, we fhall not inquire: but as the caufes in which they exercife the right of determining in the laft refort, are of neceffity difcuffed in the courts of inferior jurifdiction, the defect alluded to may generally be fupplied by collateral reports. This defect is alfo, in a great mea fure, counterbalanced by the advantage the reporter of Parliamentary cafes poffeffes over his brother-reporters, by being enabled to extract, at his leifure, and without danger of mistake, from the printed papers before him, all the leading and effential facts. Whereas, of the caufes agitated in Westminster, it is difficult, in the hurry of business, to obtain a correct state of the facts; and even in our most approved reporters, we find fhort, imperfect, and fometimes erroneous, fketches of thofe that are the moft material. It is one confiderable advantage of the prefent publication, and perhaps not the leaft, that it affords helps for fupplying omiffions, and rectifying inaccuracies in books of note, where the fame cafes have been reported, cited, or abridged. Of how much importance accuracy in this refpect ought to be held, may be evinced from the opinion of a late moft refpectable judge; whofe emphatic expreffions we would advife no writer on the fubject of law to forget, as long as it is poffible that any of his readers may remember them. "Imperfect reports of facts and circumftances, especially in cafes where every circumftance weigheth fomething in the fcale of justice, are the bane of all fcience, that dependeth upon the precedents and examples of former times *. *Fofter's Difcourfes on Crown Law. FOREIGN LITERATURE, GERMANY. AR T. XII. Engelbert Kampfers, M. D. Gefchichte und Befchreibung von Japan, &c. i. e. E. Kæmpfer's History and Defcription of Japan. Published from the Author's original Manufcript. By Chritian William Dohm, Profeffor of Politics and Finances at Caffel, and Member of feveral Literary Societies. 4to. 2 Vols. Lemgo. 1779. TH HERE is no nation but what would probably feel fomeregret, on finding the works of one of their moft diftinguifhed writers, not only published originally in foreign REV. Aug. 1779. L countries countries and foreign languages, but that they themselves, by this means, poffefs them merely in very defective tranflations. Thus, no doubt, have the Germans hitherto felt with regard to the work now before us. The Author, their countryman, drew it up in his native language, and was preparing to publish it at Lemgo, where he had fixed his refidence after his return from the Eaft; but death prevented him and Sir Hans Sloane, who was then in queft of all curious productions of art and nature, found means to procure (as he thought) all his manufcripts.-Sir Hans put them into the hands of the ingenious Dr. Scheuchzer; who, in the year 1727, published the English edition; which was foon after tranflated into French by Des Maizeaux, and fince, very imperfectly into German, as a supplement to a translation of Du Halde's Defcription of China. Whether from accident, or design, we cannot, at this distance of time, ascertain; but it now appears, that Sir Hans Sloane did not obtain all the late Author's manufcripts: for we find, in the preface to the prefent publication, that two complete copies of this work, one of them in Kæmpfer's own handwriting, had remained in the poffeffion of the Author's niece, at Lemgo, from whofe heirs, on her demife, in 1773, they were purchased by the publisher of the prefent edition. This interefting difcovery was immediately announced to the literati of Germany; and an ample fubfcription foon enabled the present proprietor to commit his new acquifition to the prefs. We cannot but congratulate the Proprietor on the choice of his Editor, Profeffor Dohm; who has, throughout, fhewn himself equally intelligent and induftrious, and uncommonly zealous for the perfection of the work. He has not only carefully compared these two manufcripts with each other, but likewife with the English and French translations, and has pointed out the variations in each. Scheuchzer's tranflation, he obferves, is in general too much amplified, and in many places totally paraphrafed. Having, moreover, ourfelves, had occafion ta infpect the Sloanian MS*. from which that tranflation was taken, and having compared it with feveral fpecimens of Kampfer's hand-writing, we may fafely affert, that it is not the Author's autograph. Thefe circumftances, we presume, cannot but contribute towards ftamping a fuperior value on this new German edition. Our English translation, by N. Scheuchzer, being fo well known, we forbear faying any thing of the work itself, which, undoubtedly, is very valuable. • Now deposited in the British Museum. MONTHLY MONTHLY CATALOGUE, For AUGUST, 1779. POLITICAL. Art. 13. An Addrefs to the Honourable Admiral Auguftus Keppel. Containing candid Remarks on his Defence before the Court Martial. The Second Edition with confiderable Additions. To which are added, impartial Obfervations on the Trial and Acquittal of Vice-Admiral Sir Hugh Pallifer. With an Explanation of Seaphrafes, and a Letter to the Monthly Reviewers. By a Seaman. 8vo. 2 S. Nicoll. IN N our Review for April, p. 322, we gave a fhort account of the first edition of this Addrefs, in which we commended the writer's abilities, but expreffed fome fmall degree of doubt with regard to his impartiality. This fcepticifm was founded on the closeness of his attack on Mr. Keppel, together with the warmth of his invectives againit the minority, or oppofition-men, and his apparent zeal for Sir Hugh Pallifer. The opinion we then conceived of the Author, is not in any degree altered by the perufal of this new edition of his well-written pamphlet. He is, certainly, an able investigator of the fubject; but, in our opinion, his exceffively harfh treatment of the gentlemen in the minority, whom, in fhort, he seems to confider as no better than downright traitors to their king and country, proves him to be a man of prejudices, or but an indifferent politician.-If, indeed, he fuppofes government to be faultlefs, he may be justifiable in forming a bad opinion of oppofition. But, be this as it may, we hope there will never be wanting, in this country, an oppofition, to watch and check the courfe of adminiftration; as all power naturally tends toward defpotifm. The people, therefore, ought ever to ftand on their guard, against their governors. The moment we become fupine in this refpect, and fall into an implicit confidence in our rulers, in that moment we may bid adieu to the conflitution. Would our Author feriously and difpaffionately attend to what we have here thrown out, intirely as a general truth, perhaps he would relax a little of his feverity toward the antiminifterial party. He might, poffibly be led to conclude, that there may be fome honeft men among them, befide the Bishop of Peterborough: the only perfon expressly excepted by him, from the charge of belonging to an unprincipled opposition.' In his Letter to the Monthly Reviewers, he handsomely acknowledges the very favourable opinion they gave of his Addrefs.' He takes notice, however, of their having expreffed fome doubt of his impartiality. On this head he offers his apology; and it is the fair open apology of an honeft man. He freely owns his abhorrence of the conduct of oppofition in both houses of parliament, because he thinks it clearly fubverfive of the national welfare;' and he boldly pronounces fuch patriotifm diabolical.'-He concludes with a prayer, that the Almighty would change their conduct, or, in mercy to the empire, take them to himself, in that way which he fees moft conducive to his glory, and the welfare of the ftate.' To the final fentence of this prayer, we imagine the oppofition-Lords and Gentlemen L 2 Gentlemen themfelves, will not fcruple to fubfcribe their Amen: viz. May Britons henceforth be joined, as one man, in fearing our mott gracious God, in honouring our illuftrious Sovereign, and in promoting the true interest of our much injured country -But as to the true interest of our country, this writer and the patriots have, no doubt, very different ideas; and in pointing out the men by whom Our country has been much injured, it is probable they will point different ways. 3 Art. 14. Confiderations on a Spanish War; with Remarks on the late Manifefto, delivered by the Spanish Ambaffador. 8vo. 1 s. Wilkie 1779. Intended to refuse the principal allegations contained in the Spanish manifefto, and to fhew, that Britain hath greater cause of complaing against Spain. The writer concludes with exhorting us to unanimity, and encouraging us to a full exertion of our internal firength, which, he doubts not, is amply fufficient for our defence, against the utmost efforts of the whole houfe of Bourbon. Art. 15. An English Green Box: or, The Green Box of the Kearly. 1779. Svo. 2 S. What is commonly faid of the literary merit of continuations, fecond parts, and imitations, will probably be applied to this piece by molt of its readers. Perhaps Mr. Tickell poffeffes, exclusively, the capacity of fuccefsfully executing his own plans. The great perfons here fatirifed are, the Premier, the Lord Ch――r, the Earls of M▬▬▬d, and S--h, and the whole Sanctum Sanctorum in general. Art. 16. A State of Facts, addreffed to Sir Jofeph Mawbey, Sir Philip Jennings Clerke, Baronets, and other Minority Members; on their late Motions, and the Proceedings of the House of Commons, relative to the Incapacitation of Members of Parliament having Contracts and Places under the Crown. Being a candid Inquiry into the Danger of multiplying Incapacities on the Gentlemen of England to ut in Parliament, &c. 8vo. I s. 6d. Kearney. The propriety of excluding gentlemen who hold employments or contracts under the crown, from feats in parliament, peremptorily as it may be decided by all who are, or would pafs for, friends to. the true interests of their country, may appear a question no lefs curious than important, if a difpafiionate attention is paid to what may be urged again fuch a measure. This fenfible advocate on the unpopular fide of the argument, begins, by flating a comparifon between a bill to fecure the freedom of parliament, by multiplying the incapacities to a feat in it; and a bill to fecure the church, by taking away the liberty of confcience. The bill contended for, he adds, muft materially alter the prefent fyftem of our conftitution; and inftead of leffening the power of the crown, would prove the very means of leffening the power of the |