fcent heap of ruins will hereafter be discovered among the forefts of Calabria; the fituation of almost all its ancient Greek cities is afcertained; from my own knowlege, and the information of the natives, who are well acquainted with the receffes of their wilderneffes, and by no means inattentive to the remains of antiquity, I may venture to affirm that there is not a fhadow of probability that any difcoveries of that kind can be made in Calabria. Pendofia and Tempfa are the only towns which antiquaries differ in placing, and neither of them was of fuch note, as to promife any very fuperb ruins, if by chance they fhould have remained concealed from all eyes to the prefent time.' The traveller proceeds afterwards to the inland of Sicily, his account of which is prefaced with a general hiftory. Landing at Palermo he took the earlieft opportunity of paying vifits, and delivering the letters he had brought from Naples to the principal people of the Sicilian metropolis. Most of thofe recommendations had come from perfons of fuch rank, and fuch connections with those they were addreffed to, that Mr. Swinburne entertained the firmeft confidence of meeting with an agreeable reception in a city renowned for its civility to foreigners; but in this expectation he was difappointed, No notice was taken of the letters he prefented; no civilities fhewn, nor a fingle invitation given him to break bread under a Sicilian roof. To this general coolnefs he only makes two exceptions; one was the learned antiquary prince Lancellotti, of Torremufa, who paid great attention to his recommendatory introduction; and the other, monfignor Severino, of Naples, archbishop of the united fees of Palermo and Montreale. Our author informs us, that from the fea Palermo exhibits a most noble spectacle. Its extenfive bay is confined by a circle. of mountains of various elevations and forms. It is walled round in almost a circular shape, and divided into four parts by two streets which interfect each other at right angles. Palermo is crowded with ftatues of fovereigns and tutelar faints, but most of them done by unfkilful hands. No confiderable Greek or Roman antiquities now remain; and the smaller, memorials of ancient grandeur which have been preserved, are collected in one mufeum, in the great college lately directed by the Jefuits. Having traced the progrefs of this agreeable traveller to Sicily, we fhall reserve a farther account of the work for a fubfequent Review. Hiftory of the English Law. Vol. II. By John Reeves, Efq. (Concluded, from Vol. LIX. p. 439.) HAving already given a curfory view of the principal changes exprefly made in the law by the ftatutes of Richard II. Henry IV. and Henry V. we shall now proceed to mention the alterations tacitly introduced in the practice and conftruction of the law, during the fame period. Actions on the cafe became more common in Weftminsterhall, and the limits of them were infenfibly enlarged, fo as to include not only the confequences of injuries actually committed, but to give damages for an injury fuftained by the non-performance of any contract which the party ought to have completed. This was much to the advancement of juftice, as no action of covenant could be maintained which was not grounded on a deed. The criminal law continued nearly on the fame footing as in Edward the Third's time. By the Year-book of the first of Henry the Fourth it appears, that the proceedings against a peer for capital offences were nearly the fame as they are now. While the kingdom was fo divided into oppofite parties, it is no wonder if many were convicted of treafon without trial or examination. It is well for them who have lately preffed for reformation in all departments of ftate, that the law is fomewhat altered from what it was when fir Thomas Haxey was condemned to die the death of a traitor, for having moved in the houfe of commons, that economy must be promoted at court; in order to which, he propofed that the court should not be fo much frequented by bishops and ladies. The commons, in the firft of Henry IV. extorted a decla, ration from the lords, that they had a legislative authority in all ftatutes, grants, and subfidies. The roll, however, was not always drawn up according to their instructions: upon which they remonftrated, in 2 Henry V. that as they were affentors as well as petitioners, ftatutes fhould be made according to the tenor of their petition, and not altered. In the enfuing chapters we have caufe to lament that Mr. Reeves did not purfue his former plan. In the reigns of Henry VI. and Edward IV. the common law received fuch improvements from the decifions in Westminster, that it may juftly be called an æra in our legal hiftory. The Year-books of these reigns are the mines from which lord Coke extracted great part of that treasure of learning, which he difplayed to the world in his Commentary upon Littelton. All this matter is crowded into fo fhort a compafs, that any account we could give of it would be but the abridgement of an abridgement, and we must refer our readers to the book itself. The character of Littelton feems to us to be drawn with much precifion. We fhall therefore infert it at length, as a more just and candid fpecimen of Mr. Reeves's own style and manner, than the quotation of a quotation from an old Year-book, which, as we before obferved, has been already extracted, to affist the public in forming a judgment of the prefent work. Littleton was a judge of the common pleas, in the reign of Edward IV. and compofed his book of Tenures for the use of his fon, to whom it is addreffed. It contains three books; the firft upon eftates, the fecond upon tenures and fervices (which two tended to explain more at large the principal fubject of the old book of tenures), the third difcourfes of feveral incidents to tenures and eftates. This little treatife has acquired more notice than any other book in the law; which is to be afcribed partly to the nature of the subject, and partly to the manner in which it is treated, and the great character of the writer when a judge. The learning of real property had, in the reign of Edward III. been cultivated with a minute attention: the period which had elapfed fince that reign to the time when our author wrote, had produced many additions and modifications of it, till this branch had grown into a very refined system, conftituting, in every refpect, the most intricate part of our jurisprudence. Thefe later determinations had rendered the old treatises of the law in a great degree obfolete. Bracton, though more full than any of the reft, being more ancient, afforded no light in that fort of questions which were now ufually canvaffed, and which had originated entirely fince his time: ftill lefs was to be expected from Fleta, Britton, and the Mirrour, though of a later age. In this ftate of things, it was an undertaking much to be wished, that fome one thould explain, in a methodical way, the new learning that had arifen on the fubject of tenures and estates. This our author has done, with a felicity which has placed him in a rank above all writers on the English law. If we enquire what is the excellence which has entitled the writer to fo high a character, it will be found to be of a particular kind. It is not a beautiful arrangement of fubject; not a remarkably apt divifion of his matter; not a strict adherence even to his own plan, by preferving a clofe connection between the matter and title of a chapter; in all which he is fometimes more defective than writers of inferior note. The ex cellence of Littleton feems to confift in the great depth of his matter, and fimplicity of his manner; in a comprehenfive way of thinking, and a happy method of explaining; with a certain fignificance and clearness of style, that is always plain yet expreffive and fatisfactory, • This This author ufually quotes no authority for what he advances in this, however, he does not differ much from his cotemporaries, who even in their arguments and opinions delivered in court, had not got into that practice of vouching authorities, which has obtained fo much fince. Whenever he has a point to handle which is not thoroughly fettled, he generally ftates the different opinions on it, and then gives his own reafons for differing or agreeing with either: and where he does not deliver an opinion declaredly his own, the latt is fuppofed to be that which he is inclined to adopt. This rational and candid way of treating every thing, added to the known abilities of the author, acquired him fuch confidence with pofterity, that any thing out of Littleton has been taken upon that au thority alone. Thus, the want of references, which at first might feem a want of authenticity, has in the end adminiftered to the fame of this writer; as opinions, which otherwife might be vouched from an adjudged cafe, are now totally rested on the words of Littleton. The undiminished reputation which this author ftill poffeffes, is owing principally to the choice of his fubject. The law of eftates and tenures, as understood at the time of Littleton, is at this day the best introduction to the knowledge of real property; and, though great part of this volume is not now law, yet fo intimately was the whole of this fyftem connected, that what remains of tenures cannot be understood without a knowlege of what is abolished; and therefore the parts of Littleton which are now obfolete, are ftudied both with profit and pleafure. We may ftill fay what the author pronounced of his work in another refpect: "Though certain things which are moved, and specified in the faid book, are not altogether law, yet fuch things thall make thee more apt and able to understand and apprehend the arguments and reafons of the law." • Befides this, the law of tenures and estates has always been thought the most natural entrance into the ftudy of the law in general; therefore this fmall volume became the first book which was put into the hands of the ftudent; and while it was confidered by practicers and the courts as a book of the highest authority, it was at the fame time the inftitute to English jurifprudence. Lawyers gave their earliest and lateft application to the text of Littleton; every fection and fentence was weighed, and every propofition confidered in all its confequences; it was tranflated, commented, and analyfed; and every method contrived to gain a complete knowlege of its contents. Per haps no book, in any fcience fo confined as the municipal laws of any country muft be, has more employed the labours of the learned and industrious. A writer, who was himself one of the greatest ornaments of the law, and whofe name never appears greater, than when accompanied with that of our author, furnished the world with a very copious and minute commen, tary tary on this book; in which he has carried his attention to the import of every word fo far, as to make interefting remarks on his very et cæteras. The fame of Littleton has not been confined to this ifland. As the Norman lawyers made Glanville a model upon which to form their coufiumier, and give system to their jurifprudence; fo a modern writer of that country has lately made a learned comment on Littleton, as the best help. towards illuftrating their own customs and laws.' The reign of Henry VII. is a great conftitutional period; he wrefted the power from the nobles, which at last fell to the people. But as our author avoids fuch difcuffions,, the hiftory of the law in his reign is not very interesting. The attention of the king was principally directed to criminal proceedings, and almost all offences were made fineable; a circumftance which ftrongly marks the ruling paffion of this politic prince the accumulation of wealth. That very technical part of the law, the doctrine of uses, was refined upon with greater fubtlety, efpecially as, by a ftatute of Richard III. they had become connected with the law of entails. The fupport given by the courts to the action of ejectment, has in the end entirely precluded the ufe of real actions; which did not merit, fuch neglect. They feem perfectly adapted to this end, and for the decision of the feveral questions which could arife con.cerning real property. The procefs was certainly tedious, and full of useless formalities; but this might easily have been remedied. The method of deciding upon real property is at prefent utterly unintelligible to all except lawyers, and has given an air of mystery to a profeffion which is grounded on common sense, and must be fupported by it. We here take leave of a work which, if it had been finished as it was defigned, we fhould not have hefitated to have called a great one. We must exprefs a hope, however, that Mr. Reeves will foon feel the infufficiency of these motives which tempted him to defert his original plan, and complete the Hiftory of the Law in a manner which may make us forget that it was ever given to the world unfinished. Not indeed that we wish, in any degree, to be understood as entertaining an unfavourable opinion of the prefent publication: on the contrary, however inferior it may be to that which the author promifed in his outfet both to himfelf and his readers, it is even as it now appears, a production of confiderable importance. More perhaps might have been done (though if we had not been taught to expect, we should probably not have required more); yet this in juftice ought not to derogate from the merit of what is performed. The young ftudent, as well as the more |