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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 reftriction holds as well in their judicial as in their legislative capacity. Whether this be not a deviation from their original conftitution, we shall not inquire: but as the causes in which they exercise the right of determining in the last resort, are of neceffity difcuffed in the courts of inferior jurifdiction, the defect alluded to may generally be fupplied by collateral reports. This defect is also, in a great meafure, 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 miftake, from the printed papers before him, all the leading and effential facts. Whereas, of the caufes agitated in Weftminster, 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, sketches of those that are the most 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 advise 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 juftice, 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.
ART. XII.

Engelbert Kampfers, M. D. Gefchichte und Beschreibung von Japan, c. i. e. E. Kæmpfer's History and Defcription of Japan. Published from the Author's original Manufcript. By Christian William Dohm, Profeffor of Politics and Finances at Caffel, and Member of feveral Literary Societies. 4to. 2 Vols. Lemgo. 1779.

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HERE is no nation but what would probably feel fome regret, on finding the works of one of their most diftinguifhed writers, not only publifhed originally in foreign REV. Aug. 1779.

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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 East; 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 tranflation of Du Halde's Defcription of China.

Whether from accident, or defign, we cannot, at this distance of time, afcertain; 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 Kampfer'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 prefent 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 thefe two manufcripts with each other, but likewife with the English and French tranflations, 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, ourselves, had occafion to infpect the Sloanian MS*. from which that tranflation was taken, and having compared it with feveral fpecimens of Kæmpfer's hand-writing, we may fafely affert, that it is not the Author's autograph. Thefe circumftances, we prefume, cannot but contribute towards ftamping a fuperior value on this new German edition.

Our English tranflation, by N. Scheuchzer, being fo well 'known, we forbear faying any thing of the work itfelf, which, undoubtedly, is very valuable.

Now depofited 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.

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'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 clofenefs of his attack on Mr. Keppel, together with the warmth of his invectives against 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 inveftigator of the fubject; but, in our opinion, his exceffively harsh treatment of the gentlemen in the minority, whom, in fhort, he feems 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 conftitution.

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 oppofition."

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In his Letter to the Monthly Reviewers, he handfomely 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 honest man. He freely owns his abhorrence of the conduct of oppofition in both houfes 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 molt conducive to his glory, and the welfare of the state.' To the final fentence of this prayer, we imagine the oppofition-Lords and Gentlemen

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Gentlemen themselves, will not fcruple to fubfcribe their Amen: viz' May Britons henceforth be joined, as one man, in fearing our mot gracious God, in honouring our illuftrious Sovereign, and in promoting the true intereft 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.

Art. 14. Confiderations on a Spanish War; with Remarks on the late Manifefto, delivered by the Spanifa Ambaffador. Svo. Wilkie.

1779.

15.

Intended to refuse the principal allegations contained in the Spanish manifefto, and to fhew, that Britain hath greater cause of complaint against Spain. The writer concludes with exhorting us to unanimity, and encouraging us to a full exertion of our internal strength, which, he doubts not, is amply fuflicient 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 R-t H- — E――d Lord Churlow, given by the celebrated Mrs. Harvey to Roger O'Tickle, Valet de Chambre to

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Efq; M. P. With occafional Remarks, &c. 8vo. 2 s. Kearly. 1779.

What is commonly faid of the literary merit of continuations, fecond parts, and imitations, will probably be applied to this piece by moft of its readers.-Perhaps Mr. Tickell poffeffes, exclufively, 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 Sandum 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 Parlia ment having Contracts and Places under the Crown. Being a candid Inquiry into the Danger of multiplying Incapacities on the Gentlemen of England to fit in Parliament, &c. 8vo. Is. 6d. Kearsley.

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 pass for, friends to the true interefts of their country, may appear a queftion no less curious than important, if a difpaffionate attention is paid to what may be urged against fuch a measure.

This fenfible advocate on the unpopular fide of the argument, begins, by ftating 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

Author of Anticipation, &c.

† P--y Cou--1.

people.

people. By the ancient laws of this kingdom, no man was to find himself in a worfe condition from being a reprefentative of the people, than had they never conferred that honour upon him. At that time there was but one order of men in the nation that could not fit in the House of Commons, which were the Clergy; and the reason was, they had a Houfe of Reprefentatives to fit in Convocation, where the aids of the Clergy were granted to the Crown. At that time there was but one civil officer who could not be returned to fit in Parliament, which was the returning officer of the Writ of Election; and even this was a grievance loudly complained of, when any man was appointed sheriff, with a defign to prevent his election.

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By the Statutes at large of this nation, no laws are to be found in former ages to diíqualify gentlemen from fitting as Members in Parliament if duly elected, by reafon of any employment whatfoever, either under the Crown or otherwife. The Journals of the House of Commons shew the fenfe of our forefathers ftrongly against every thing of this nature: when any one was chofen to fit in Parliament, they made no fcruple to affert it to be both his duty and right to fit there, whatever employment he might hold, or whatever fummons he might have to attend in any other ftation.' Several cafes of this kind are cited from the Journals of the houfe.

The prefent patriotic principle of uncorrupted reprefentation, is traced by our Author up to the famous Self-denying Ordinance of the Long Parliament; in the hiftory of which, from Lord Clarendon, he fhews it to have been the leading meafure to the fubverfion of the conftitution and of public liberty; and which finally fubverted even the deluded parliament that adopted it.

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Paffing over thefe well known facts, we find the following obfervation on like attempts after the Revolution. When this event had eftablished King William on the throne, the Jacobites, who still retained their love for an arbitrary reign, were fo wife as to carry on their fchemes, even by the arts of men whom they had in abhorrence, and remembering well the fuccefs of the Oliverian Fation, in changing the conftitution by the means of the Self-denying Ordinance; they took up the fame refolution in their turn, and were in hopes that the old game which had ruined the Long Parliament, would equally tend to destroy that Parliamentary Power, which was the fupport of King William's reign.'

His reafoning on the principle of fuch a Parliamentary difqualification, is clearly and concifely fummed up in the following thort reprefentations: It is, I truft, and ever will be the natural and warrantable ambition of the best gentlemen in this country, not only to reprefent the people, but execute the public offices. If their trusts are at any time divided, and if perfons who execute the one, are rendered incapable of the other, the great misfortune will be, that the weight of families and fortunes will entirely fall into one scale or the other; and either the House of Commons must be unworthily compofed, or all the employments of the public unworthily supplied.

If the Commons are incapable of adminitring any office of the Government, it must then naturally fall into the hands of the Nobility and the weight of the power will be fo great in the hands of the Lords, that this alone mult deftroy the liberty of the Constitution.

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