66 firft blow." Suppofe this phrafe to be made use of, "fuch a perfon had or received a beating," would it not, in vi termini, negative the oneness of the ftriking Again, it is very true, that evidence of a fingle ftroke is enough to conftitute a battery in law, but ftill it is a non fequitur è converfo, that the word beat, being a collective term, and in comprehenfion including a friking, therefore can by implication be well put in the information for the real law term, the word of art, the formal and technical word frike.' The real good fenfe and found contruction of this argument is, if you give two blows, you by no means can be faid to have given one; for thus, if to ftrike a fingle blow in the King's Court while his juftices are fitting, is a crime that fubiects the itiker to have his hand cut off, &c. the offender has only to inflict a dozen or two found knocks, and he must escape from the punishment. It appears to us, that if the words coram domino rege were effential in an indictment or information for this crime, the pu nifhment could never be inflicted for ftriking in any other court, except that of the King's Bench, a confequence for which we do not think that Mr. Firth could contend. But the event of the cafe has fuperfeded the necefiity of criticizing the argument, and it must be allowed, that the conduct of the late moft diftinguifhed ornament to the office of Attorney-General, the prefent Lord Elden, and the acquiefcence of Lord Thanet's council, feem rather to ftand in oppofition to the opinions of Mr. Firth. ART. 41. A Treatise on the Law of Homicide, and of Larceny, at Common Law. By Robert Bevill, of the Inner Temple, Efq. Barrif ter at Law. Evo. 5s. Clarke and Son. 1799. So many treatifes have been compofed upon the Law of Homicide, by perfons of great eminence and authority in the law, that it would not be eafy for any author, taking up the fame fubject, to appear very original on the one hand, or, on the other, to make any very material mistake. The lawyer who comes after Lord Hale, Serjeant Hawkins, and Mr. Juftice Forfter, can have little more to do, than add fuch cafes as have occurred fubfequent to the time when they wrote. This Mr. B. feems to have carefully done, and he has arranged the whole of this part of his book with confiderable clearness. We were furprifed, however, in reading his report of Tooley's cafe, p. 195, to find that he has not adverted to the remarks made upon it by Sir Michael Forter, p. 312, of his Crown Law. We incline to agree with Mr. B. that the decifion of Lord Holt, and the majority of the judges, was right. But the very ingenious arguments of the learned judge who has doubted its legality, were highly deferving of notice, and would have furnished the author with an opportunity of difplaying his talents for difcuffion much better than he could hope for in any other part of his work. The Treatife upon Larceny does not appear to us to be as well done as that upon Homicide. The definition of the crime is lefs accurate than that of Hale and Hawkins, and which has been used in our law with very little variation in the expreffion, from the time of Bracton. Part of Mr. B.'s defcription of the offence is, that the perfon who takes the thing must have no right to it." Although this is true in moft cafes, yet it ought not to have been admitted into a definition, fince there are fome in which a man may be guilty of larceny by taking things to which he has a right. The author feems alfo to have fallen into fome confufion, with refpect to the diftinctions, when goods are obtained from the poffeffor by delivery, when it is be confidered as a felony, and when as a mere fraud. It may indeed be urged in his excufe, that the boundary of constructive felonies is not very accurately marked in the reported difcuffions; and that it was not very easy to exprefs, in general principles, a branch of the law, which the judges have in general contented themselves with laying down, fo far only as was required by the cafe which called for their immediate determination. MISCELLANIES. ART. 42. Some Hints to young 12mo. 28, 'This volume contains much information in a small compaís. From its form and style, it feems rather to have been intended to imprefs falutary maxims upon the minds of young female readers, than to have been confidered as a vehicle of inftruction to teachers. We were, however, much pleased with the performance, and recommend it without fcruple. ART. 43. A Letter to the Executor of the deceafed Author of the Pur fuits of Literature, wherein mention is also made of the Poem, called the Shade of A. Pope on the Banks of the Thames. By a Friend to the Author of the Impartial Strictures. 8vo. 39 PP. 18. 6d. Bell, 148, Oxford-Street. 1799. Much wit and ingenuity confpire to give this pamphlet an eminent place among its brethren, produced in this authorial conteft. To the praife of candour the author has a moft legitimate claim; nor will that of good fenfe, or of judgment, be much invalidated, by a few mistakes which have infinuated themselves into his tract. The expreffion of the "deceased author of the P. of L." in the title-page, is founded on a paffage, towards the clofe of the laft defenfive Preface, which many readers would overlook, but which the antagonists of the author have chofen thus to interpret. This author much too ftrongly, and too generally condemns the style of the P. of L, in which, though there may be fome paffages to cenfure, there is much more to commend. It is not perhaps quite fo decifive a canon of our language, that or fhould never follow a negative fentence, as he prefumes; and on this rule moft of the objections in pp. 5 and 6 folely depend. Of the verses to which he objects in p. 7, only the first appears liable to the flighteft cenfure; and if he thinks that fuch words as holieft, happier, willowy, &c. cannot be used as diffyllables, he ought to be told that they cannot, without a most weak and flimfy effect, ever be otherwife ufed in verfe. This the ear alone might tell, but the works of all our best writers will abundantly demon ftrate. ftrate. The quotation, in p. 10, is fo far from being a defence of the commentators in whofe favour it is produced, that it is itfelf an offence. This letter-writer is remarkably fond of alluding to Don Quixote, which he does frequently with good effect. He is undoubtedly a better friend to Mr. Pitt than the author of the P. of L. against whom he brings fome accufations that are valid; nor does he condemn in the grofs, like several of those who have drawn their pens on this occafion. ART. 44. The Young Gentleman's and Lady's Magazine; or, Univerfal Repofitory of Knowledge, Inftru Fiau, and Amusement : intended to open the tender Mind to an Acquaintance with Life, Morals, and Science, the Works of Nature and of Art, and to ferve as an ufiful Auxiliary to public and private Tuition. Volume I. 8vo. 75. Walker. 1799. This is a very agreeable and well-arranged mifcellany, to which we heartily with fuccefs; how far the numerous extracts from modern publications may be fuppofed to interfere with the rights of literary property, we pretend not to determine; but the volume, as intended for the benefit and aufement of young perfons, is unexceptionably good. It is alfo remarkably well and correctly printed, which, in a work profeffedly produced for youth, is a circu tance of no trifling importance. The idea of giving opinions on publications intended for juvenile readers, or for fchools, is ufeful, and well executed. ART. 45. An Account of the Navies of Foreign Powers, particularly thofe of France, Spain, and Batavia, now at War with Great Britain; including a Lift of Frigaus, Corvettes, and Sloops. Alfo the Navies of Ruffia, Sweden, Denmark, and Naples; with a comparative State of the Line of Battle Ships in the late War, and the prefent State of the British Navy. By James Browell, of the Royal Navy. 4to. Steel. 1799. This account, which is very interesting, seems, as far as we are able to judge, drawn up with great diligence and accuracy. The immenfe number of fhips taken from the enemy is almoft beyond belief; and the artifices of the French in calling their veffels by different names at different times, in order to have their countrymen believe that their navy was ftronger than it really was, is a matter of curious information. There can be no doubt of this performance having a great circulation in the Navy; to which we recommend it, ART. 46. The Spirit of the Public Journals for 1798, being an impartial Selection of the most exquifite Ejays and Jeux d'Efprits, principally Profe, that appear in the Newspapers, and other Publications; with explanatory Notes. Vol. II. 35. Ridgway. 1799. It was properly objected to the former part of this work, that the impartial felection was made principally from writers on one fide of the queftion. It is but juftice to say, that the fame cenfure cannot be paffed upon this volume, which contains many ingenious and excellent pieces, from writers of very different parties. The former volume comprised fome things highly offenfive to decency, and to Religion; we have not met with fimilar caufe of offence in this fe cond cond part, which cannot be read without a great deal of entertainment. At p. 210, a miftake occurs, which it is in our power to rectify. The portrait under which Gray wrote his epigram, was drawn, not by Mafon, but by the Rev. Michael Tyfon, of Corpus Christi College, Cambridge, ART. 47. Narrative of the Deportation to Cayenne of "Barthelemy, Pichegru, Willot, Marbois, La Rue, Ramel, &c. &c. in Confequence of the Revolution of the 18th Fructidor (September 4, 1797) containing a Variety of important Facts relative to that Revolution, and to the Voyage, Kefidence, and Ffcape of Barthelemy, Pichegru, &c. From the French of General Ramel, Commandant of the Legislative Body Guard. 8vo. 35. 6d. Wright. 1799. The atrocities which were inflicted on the victims of one among the numerous revolutions, which in a few years have diftinguished and dif honoured France, would exceed all belief, if unfortunately there were not too many parallel facts on record, the truth of which are beyond all difpute. Many important incidents are related in this narrative, and much light thrown on the characters of individuals, whose tation and whofe crimes have excited the curiofity of the world. The urfortunate individuals whofe fate and fufferings are here detailed, in the greater part, as might indeed be expected, perifhed in the place to which they were exiled; a few escaped, and found in this island a refuge from perfecution and calamity. This is acknowledged, in warm and grateful terms, by the writer of this performance; which is one of those documents that will be reforted to by the future historian, whofe office it will be to record a moft eventful period, big with every horror and every crime. We take it for granted, that every thing related in this pamphlet by General Ramel is true; for a long time has elapfed fince its appearance, and no one has thought proper to dispute or contradict his diettions. There is indeed an unadorned plainnets and fimplicity throughour, which excites confidence and juftifies belief. ART. 48. A new Italian Grammar, in English and Italian, on a Plan different from any hitherto published, pointing out, in a clear and concife Manner, the best Rules and eafieft Method for the Attainment of that elegant and barmonious Language; equally calculated for the Uf of Schools, and private Inftruction. By Gaetano Ravizzotti, late Teacher of Languages at Naples. Dedicated to the Honourable Henry Temple. Second Edition. Crown 8vo. 430 pp. 6s. Dilly, &c. &c. 1799. Living languages being fubject to a perpetual change, it must inevitably happen, that what has once deferved the utmoli approbation, will in time become obfolete and imperfect. Without criticizing it in other refpects, this must, in the nature of things, have happened to the Italian Mafter of Veneroni, long received in English and in French, as the best Grammar of the Tufcan language. It was attacked, even on other grounds, by Signior Peretti, whofe Italian Grammar, written in French, was noticed in our eighth volume, p. 442. On every plea, therefore, Signior Ravizzotti is abundantly juftified, in offering to this nation a new Grammar in Italian and English. But this Grammar, befides befides the advantage of novelty, has also to boat of a material improvement in its plan. It is divided into eight parts: the first contains the Rudiments; the fecond, Grammatical Obfervations on Profe and Poetry; the third and fourth, a copious Vocabulary, with new Dialogues, and a Collection of Italian Proverbs; the fifth, Poetry felected from the best Italian Authors; the fixth, a concife Syftem of Mythology; the feventh, an Introduction to Geography; the eighth, Mifcellaneous Extracts. Subjoined to each verb, in the conjugations, is a moft ufeful collection of phrafes, explaining the particular and various applications of the preceding verb. There cannot be a doubt that an Italian Grammar compoted with fo much care, by an author highly qualified for the task, will be received as a valuable acquifition by all students and admirers of that beautiful language. ART. 49. Bigraphy for Boys; or, Characteristic Hiftories: calculated to imprefs the youthful Mind with an Admiration of virtuous Principles, and a Deteftation of vicious Ones. By Mrs, Pilkington. 12mo. Vernor and Hood. 1799. 25. We have often commended the diligence and affiduity of this author, who now exercifes her talents for the benefit of young people. This volume may be perufed with benefit and amufement by thofe for whom it is intended. The tales are agreeably diverfified, the morality unexceptionable, and the ftyle plain, fimple, and unaffected, ART. 50. Biography for Girls; or, moral and inftructive Examples for Young Ladies. By Mrs. Pilkington. Izmo, 25. By Mrs. Pilkington. 1799. This is the production of the fame pen with the foregoing article, and is entitled to fimilar commendation, As boys were the heroes of the former tales, girls are of these. ART. 51. The Life of the Rev. John Machin, A. B. a holy and laborious Preacher of the Gospel, formerly Minifter of the Parish of Aftbury near Congleton, in Chefbire. With a recommendatory Preface, by the late Sir Charles Wolfeley, Bart. Revised and republiked by George Burder. 12mo. 54 pp. 8d. Button. 1799. A very short extract will fhow for what defcription of readers this republication is principally intended; and they will, doubtlefs, be highly gratified by it: "My labours in Staffordshire, &c. I faw was for the deftruction of the devil's work; and an aching tooth he carried against me." P. 14. Why cannot thefe pious men forbear to gratify fcoffers by their abfurdities! FOREIGN |