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The grand and variegated prospects which now presented themselves to the traveller, whilst he moved along the bay of Naples, can only be conceived by those who have viewed that magnificent and beautiful landscape. At length he arrived in the city, of which he gives a particular account.

Faithful and agreeable delineation are not the only qualities with which Mr. Swinburne gratifies the taste of his readers ; for he joins the information of history to the remarks of the traveller; and occasionally enriches the narrative likewise with philofophical reflections ; of which, in this part of the volume, we meet with the following instance.

From the flight mention made of Naples by ancient writers we may infer that its inhabitants long lived in obscure tranquillity, a happy though not a glorious situation ; for where no complaints are made, no disturbances heard of, peace and abundance may be supposed to reign. Great misfortunes as often as great fucceffes raise nations to a rank in history that entitles them to the notice of posterity ; victory and dominion did not, perhaps, procure to the Roman people a larger share of felicity than they would have tasted, had they remained the free but undistinguished poffeffors of their original confined territory ; in that case their name would not have been pre-eminent in the history of the great revolutions of the world; but their blood would not have flowed in proscripcions, nor would their liberries have been trampled upon by emperors the most worthless of mankind. It is far from my intention to depreciate the value of generous ambition, and active spirit; on the contrary, I doubt whether any public prosperity can be lasting without military exertions : philofophical content and moderation may ensure to private men an uncommon proportion of that imperfect sum of happiness, which alone is within our contracted reach, but if they predominate long in national councils, will inevitably lull'the state into pernicious apathy ; every political body is so surrounded with rivals and enemies, and such is the necesity of motion in human affairs, that if they do not advance, they mus retrograde. A people of philosophers, if such a one could be formed, must either sink rapidly into vj. cious indolence, ending in confusion and slavery, or very soon be reinvolved in the busy vortex of enterprize, which alone can preserve it from corruption.'

The account of Naples is succeeded by that of Caserta, and the most remarkable articles which have been discovered in the ruins of Herculaneum and Pompeii. The entrance of Pom. peii is near the quadrangular barracks of the Roman cohorts that composed the garrison. A portico runs round the court fupported by pillars of stone, covered with stucco and painted, The troops, our author observes, seem to have been accom. modated with every convenience, and even luxury; for they

had both a theatre and an amphitheatre belonging to their quarters. From an inscription lately dug up, fays Mr. Swinburne, I find that the Pompeians had places of public entertainment, not unlike the modern ones in the suburbs of Lon. don and Paris.

The number of workmen now employed in uncovering this city is very small, on account both of the fatiety of antiquities, and the difficulty of finding proper spots for the reception of the rubbish. Many projects of subscriptions have been proposed for carrying on these labours with activity, but hitherto none of them has met with the royal approbation.

The traveller continued his journey by Nocera and Salerno to the ancient Pæstum, celebrated by the classic poets for its roses. The wild rose which now shoots up among the ruins, is of the small single damask kind, with a very high perfume; and our author was assured by a farmer on the spot, that it flowers both in spring and autumn. The ancient town-wall is almost entire, and incloses an area about three miles in circumference. The gates are placed in the centre of each side of the quadrangle, and a great ftreet may yet be traced in a line from the north to the south gate. Nearest to the southwall is a quadrilateral building with nine columns in each front, and eighteen on each side. But at a sma!l distance towards the north is the most capital building, a temple of the kind called pseudodipteros, having fix columns in the fronts, and fourteen on the sides. The pediments and entablatures are almost entire.

• This, says our author, is one of the noblest monuments of antiquity we have left; though built in a style few modern architects will adopt, it may perhaps ferve to inspire them with sublime ideas, and convince them how necessary to true grandeur in architecture are simplicity of plan, folidity in proportions, and greatness of the component members.'

We entirely join in opinion with Mr. Swinburne respecting the subsequent remarks.

• Not many years are elapsed since Pæstum began to engage the attention of the literary world; the first publishers of its views inform us that an accidental visit of a painter to a town in the neighbourhood rescued these ruins from oblivion ; but we are not therefore to suppose that Pæitum had remained unknown, buried deep in impervious foreits, and hidden for ages from the sight of man'; it certainly never was surrounded with wood; and between the walls and the fea, a bare fandy down reigns along the coast. The pillars of Pesto have long been, and are to this day, a landmark to sailors, and are seen, as I can witness, from every part of the extensive gulph of Salerno. I am sorry to deftroy Mr. Brydone's hopes that fome magnificent heap of ruins will hereafter be discovered among the forésts of Calabria ; the fituation of almoit all its ancient Greek cities is ascertained; from my own knowltge, and the information of the natives, who are well acquainied with the recesses of their wildernesses, and by no means inattentive to the remains of antiquity, I may venture to affirm that there is not a hadow of probability that any discoveries of that kind can be made in Calabria. Pendofia and Tempra are the only towns which antiquaries differ in placing, and neither of them was of fuch note, as to promise any very superb ruins, if by chance they should have remained concealed from all eyes to the present time.'


The traveller proceeds afterwards to the island of Sicily, his account of which is prefaced with a general history. Landing at Palermo he took the earliest opportunity of paying visits, and delivering the letters he had brought from Naples to the principal people of the Sicilian metropolis. Most of those recommendations had come from persons of such rank, and fuch connections with those they were addressed to, that Mr. Swin. burne 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 disappointed. No notice was taken of the letters he presented ; no civilities shewn, nor a single invitation given him to break bread under a Sicilian roof. To this general coolness he only makes two exceptions ; one was the learned antiquary prince Lancellotti, of Torremusa, ulio paid great attention to his recommendatory introduction; and the other, monsignor Severino, of Naples, archbishop of the united sees of Palermo and Montreale.

Our author informs us, that from the sea Palermo exhibits a most noble spectacle. Its extensive 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 freets which intersect each other at right angles. Palermo is crowded with statues of sovereigns and tutelar saints, but most of them done by unskilful bands. No confiderable Greek or Roman antiquities now remain ; and the smaller memorials of ancient grandeur which have been preserved, are collected in one museum, in the great college lately directed by the Jesuits.

Having traced the progress of this agreeable traveller to Sicily, we shall reserve a farther account of the wor: for a subsequent Review.

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A Hifiory of the English Lau. Vol. 11. By John Reeves, Esq.

(Concluded, from Vol. LIX. p. 439.) H Aving already given a curfory view of the principal

changes expreily made in the law by the statutes of Richard II. Henry IV. and Henry V. we fall now proceed to mention the alterations tacitly introduced in the practice and construction of the law, during the same period.

Actions on the case became more cominon in Westminsterhall, and the limits of them were insensibly enlarged, so as to include not only the confequences of injuries actually committed, but to give damages for an injury fustained by the non-performance of any contract which the party ought to have completed. This was much to the advancement of juf tice, as no action of covenant could be maintained which was. not grounded on a deed.

The criminal law continued nearly on the same footing as in Edward the Third's time. By the Year-book of the firit of Henry the Fourth it appears, that the proceedings against a peer for capital offences were nearly the same as they are now.

While the kingdom was so divided into opposite parties, it is no wonder if many were convicted of treason without trial or examination. It is well for them who have lately pressed for reformation in all departments of state, that the law is somewhat altered from what it was when fir 'Thomas Haxey was condemned to die the death of a traitor, for having moved in the house of commons, that economy must be promoted at court; in order to which, he proposed that the court should not be so much frequented by bishops and ladies.

The commons, in the first of Henry IV, extorted a decla, ration from the lords, that they had a legislative authority in all statutes, grants, and subsidies.

The roll, however, was not always drawn up according to their instructions : upon which they remonstrated, in 2 Henry V. that as they were affentors as well as petitioners, statutes should be made according to the tenor of their petition, and not altered.

In the ensuing chapters we have caufe to lament that Mr. Reeves did not pursue his former plan. In the reigns of Henry VI. and Edward IV, the common law received such improvements from the decisions in Westminster, that it may juftly be called an æra in our legal history. The Year-books of these reigns are the mines from which lord Coke extracted great part of that treasure of learning, which he displayed to the world in his Commentary upon Littelton. All this matter is crowded into fo short a compass, that any account we could

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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 seems to us to be drawn with much precifion. We shall therefore insert it at length, as a more juft and candid specimen of Mr. Reeves's own style and manner, than the quotation of a quotation from an old Year-hook, which, as we before observed, has been already extracted, to assist the public in forming a judgment of the present work.

• Littleton was a judge of the common pleas, in the reign of Edward IV. and composed his book of Tenures for the use of his fun, to whom it is addressed. It contains three books; the firft upon estates, the second upon tenures and services (which two tended to explain more at large the principal subject of the old book of tenures), the third discourses of several incidents to tenures and estates. This little treatise has acquired more notice than any other book in the law; which is to be ascribed 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 elapsed since that reign to the time wlien our author wrote, kad produced many additions and modifications of it, till this branch had grown into a very refined fyftem, conftituting, in every respect, the most intricate part of our jurisprudence. These later determinations had rendered the old treatises of the law in a great degree obsolete. Bracton, though more full than any of the rest, being more ancient, afforded no light in that sort of questions which were now usually canvafíed, and which had originated entirely since his time : still less was to be expected from Fleta, Britton, and the Mirrour, though of a later age. In this state of things, it was an undertaking much to be wished, that some one should explain, in a methodical way, the new learning that had arisen on the subject of tenures and estates. This our author has done, with a felicity which has placed him in a rank above all writers on the Englih 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 subject; not a remarkably apt division of his matter; not a strict adherence even to his own plan, by preserving a close connection between the matter and title of a chapter; in all which he is sometimes more defective than writers of inferior note. cellence of Littleton seems to consist in the great depth of his matter, and simplicity of his manner; in a comprehensive way of thinking, and a happy method of explaining ; with a cerjain fignificance and clearness of style, that is always plain yet expreflive and fatisfactory,

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