The declaration of this focial and benevolent paffion to the object that infpires it, is what we commonly call courtship; and the time of this courtship, notwithstanding the many embarraffments and uneatineffes which attend it, is generally confidered as one of the happielt periods of human life, at leaft fo long as it is fupported by hope, that pleasant delirium of the foul.

Though the declaration of a paffion fo virtuous, fo benign and gentle, as that which we have now defcribed, feems to reflect fo much honour on the breaft in which it is harboured, that neither fex can poffibly have any occafion to be ashamed of it; yet the great Author of nature, throughout the wide extent of his animated works, appears to have placed the privilege of afking in the male, and that of refufing in the female. Nor, when we except man, has it ever been known among the most favage and ferocious animals, that a rape has been committed on the female, or that he has been attempted by any other methods than fuch as were gentle and foothing. Man, however, that imperious lord of the creation, has often departed from this rule, and forced a reluctant female to his hated embrace; and though he has not any where by law, deprived women from refifting fuch illicit attempts, yet he has gone very near to it; he has in many nations, from the earlieft antiquity, deprived them of the power of refufing fuch a husband as their fathers or other relations chofe for them; thereby taking from them what the Creator of all things had given them, as a common right with the females of all other animals, and dashing at once courtship, and all the delicate feelings and pleafures attending it, out of exilence.

Though it is prefumable, that the mutual inclination of the fexes to each other, is, in each, nearly equal; yet as we constantly fee the declaration of that inclination made by the men, let us enquire, whether this is the effect of cuftom, or of nature? If what we have just now obferved be a general fact, that only the males of all animals first discover their paffions to the females, then it will follow, that this is the effect of nature: but if, on the other hand, it be true, as fome travellers affirm, that, in feveral favage countries, the female fex not only declare their paffions with as much ease and freedom as the male, but also frequently endeavour to force the male to their embraces, then it will feem to be the effect of cuflom. Cuftom, however, that whimsical and capricious tyrant of the mind, feldom arises out of nothing; and in cafes where nature is concerned, frequently has nature for her bafis. Allowing then that it is custom; which in Europe, and many other parts of the world, has placed the right of aking in men, by a long and almost uninterupted poffeffion; yet that very custom, in our opinion, may fairly be traced to nature; for nature, it is plain, has made man more bold and intrepid than woman, lefs fufceptible of fhame, and devolved upon him almost all the more active fcenes of life; it is, therefore, highly probable, that, confcious of thefe qualities, he at firft affumed the right of

mean or unworthy action, on examining himself ftriatly, he found that at that time he was loofe from every fentimental attachment to the fair fex.

afking; a right to which custom has at laft given him a kind of exclufive privilege.'

The foregoing extracts, we apprehend, are fully fufficient to juftify the character we have given of this work. If any of our Readers are pleased with the fpecimen we have laid before them, we must refer them to the hiftory itself, in which they will meet with abundance of entertainment of the same kind.

ART. III. A Preliminary Difcourfe; wherein are delineated the very great Disorders which prevail in Affairs of Infurance; their principal Caufes explained; and Methods propofed for better Regulation and Prevention: Together with the Plan of an entire New and Comprehenfive Work (preparing for the Prefs), containing the Theory, Laws, and Practice, of Infurance in General. By . John Wefkett, Merchant. Folio. 5 s. fewed. Richardfon and Urquhart, &c. 1779.

we

S the fubject of commercial infurance is of the utmoft importance to the trading world, we may prefume, that it is, in general, well understood by gentlemen of the mercantile profeffion. It is not, however, univerfally fo well understood, as to preclude the neceffity of a treatife on its theory, laws, and practice, fuch as that which Mr. Wefkett propofes to lay before the public. New and difficult cafes are almoft perpetually occurring, the adjustment and determination of which require every affiftance that profeffional fkill and experience can afford. We have but few books on this branch of the lex mercatoria, or custom of merchants; and none which have treated it on the very extenfive plan propofed by our Author.

The very elaborate effay, by the late Mr. Nicholas Magens*, is a work of very confiderable merit; but it is chiefly confined to what has been done in the practice of infurance; whereas, Mr. Wefkett proposes to enter, largely, into the better regulation and improvement of both its practice and its laws.

Mr. W. appears to be amply qualified for this important undertaking. He writes, in general, with correctnefs and perfpicuity; and he is allowed to be a mafter of the subject.

If we difcern any defect in this copious announce of his defign at large, it is that of a certain redundancy of explanation, which feems to carry with it a fuppofition of greater ignorance of the common principles of infurance, in his readers, than ought to be fuppofed. The requifite matter of this large and diffufive introduction (which is a volume of itself, confifting of eighty-four folio pages) might, we think, have been comprised

* See an account of Mr. Magens's work, in the xiith vol, of our Review, P. 355.

in half the compafs to which the ingenious Author has, by the means of amplification, extended it: though, we believe, without intention to amplify. It is not every writer who poffeffes the art of compreffing his meaning within the feweft poffible number of words; and at the fame time, clearly conveying that meaning to the underftandings, of his readers.

This Preliminary Difcourfe, nevertheless, abounds with ufeful and fagacious obfervations; from which fome curious extracts might have been here given, had not the fubject been deemed of a nature too confined for the generality of our readers. We must not, however, omit his propofal for remedying the inconveniences, fometimes refulting from the interference of lawyers, in deciding the difputes which frequently arise between the infurer and the infured.

From whence is it that the most profound adepts, and fages of the law, derive their fancied fuperiority of fkill, in the rules of justice, in matters of commerce and infurance?-Hath it not, always, been from the informations and explanations of experienced and judicious merchants and infurers; from time to time given, in the feveral cafes, which have been introduced, difcuffed, and decided in courts of judicature?—and, what lamentable abfurdity, and confufion of ideas, might not have been often obferved, in the argumentations there, upon fuch matters!-yet, do we not, fometimes, idly look up to, as oracles, thofe, whom intelligent men amongst ourselves have, in reality, inftructed?

Thofe affairs are often accompanied with fuch new and various circumftances and contingencies; and depend fo much upon nice diftinctions of special customs and ufages; that the common law of England tacitly acknowledges its own imperfection, in this refpect, by allowing the LEX MERCATORIA, i. e. the cuftom of merchants,-wherein themfelves, only, are properly fkilled; and of which, confequently, themselves, only, can be the proper judges,-to pafs as law.

The frequent futility, therefore, of trials, and the invalidity of fundry decifions, AT LAW, in mercantile, and especially infurance cafes, are as evident as the vexation, and embarraffment (yet, unavoidable neceffity which, hitherto, there often is) of recourfe to it: owing as well to caufes already affigned, as to the formal, dilatory, defective, and circuitous modes of proceeding; fometimes from court to court, or for new, and repeated trials, in the fame court, on one and the fame policy, queftion, or point; very fimple perhaps in itfelf; which might eafily, in much fhorter time, more effectually and certainly, in almost every inftance, be elucidated and decided by and amongst merchants themfelves; were they to acquire that judgment in their refpective branches, and to deport themselves towards each other

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with

with that moderation, candour, and patience, which befit their ftation.

With these difpofitions, furely the abominable frequency, expence, inefficacy, and divers other ill confequences of law. fuits, might, in great part, be obviated; by inftituting fome fort of AMICABLE, yet folemn JUDICATORY, for the fummary decifion of disputed matters of infurance: at leaft, fuch as might not be of a very abftrufe nature, to confift of fuch a number of perfons as might be deemed requifite (with proper affiftants, or clerks) to be elected, from amongst gentlemen of fagacity and refpectability, and who have had a large experience of these affairs; annually, or for a longer term; or three new ones each year; by all fuch merchants, infurers, and infurance brokers, who might be inclined to refer their differences thereto, and to fupport the charges thereof, even with proper falaries, by fubfcrip

tion.

The members, who might compofe this court, fhould fit at ftated times, weekly, monthly, or otherwife, and act on oath, as do the judges, and juries, in the law courts: Parties, their agents, and witnesses, fhould alfo, previously to their being heard, make proper affidavits before a judge, or other magiftrate (which fhould be filed) to give true information :-The mode of proceeding might be duly regulated, and open:-The decifions rendered abfolutely, or only occafionally final, according to the greater or lefs importance of the cafe, or queftion, by the parties agreeing, in bonds of fubmiffion, that they should be made a rule of the court of King's Bench, as is now done with respect to awards, in common arbitrations.

'Moft of our litigations turn upon difputed facts: and thefe, as well as perfons, papers, evidences, &c. would be much more speedily and effectually discovered, and examined, than can be done by means even of all the courts of law and equity together (whofe tardy and intolerably expenfive operations abfolutely fruftrate this neceffary end); and, therefore, ill-defigning and fraudulent perfons would be kept, by the method propofed, in greater awe; and few, except fuch, would be indifpofed to contribute to the fupport, and to refer themselves to the authority of fuch an amicable judicature.'

We entirely agree with Mr. W. in taking it for granted, that the neceffity, advantage, and general convenience of fuch an inftitution, are too obvious to be denied ;'-and we think, that the experienced advantages derived to merchant-adventurers from the chambers f affurance in foreign maritime countries, are fufficient to countenance his proposal. Some objections may, however, be made to it. Of these our Author is well aware; and he endeavours to obviate them: in which, we think, he is perfectly fuccessful.

ART.

ART. IV. The Pofthumous Works of the late Learned and Rev. Ifaac Watts, D. D. Compiled from Papers in Pofieflion of his immediate Succeffors. Published by a Gentleman of the University of Cambridge. 2 vols. 8vo. 8 s. fewed. Becket, &c. 1779.

TH

HE officioufnefs of friends hath frequently done more injury to the reputation of a man than the malice of his enemies."-We are not fond of your grave faws and oracular apothegms, notwithstanding our age and ftation might claim a fort of prescription for their ufe. But in general we wave our privilege; and if, for once, we introduce ourselves to the public with a wife countenance-a folemn eye-and a grey beard, we hope we are entitled to their indulgence.

We are forry, that any thing which bears the name of Dr. Watts, fhould have made us ftumble on a trite proverb. But in its propriety we overlooked its commonnefs. The convenientia cuique we with never to lose fight of: and if we cannot fupply them by our invention, we must refer to our memory; and if that fhould fail us, our dernier refort is our common-place-book. -And now, at last, gentle Reader, we have unfolded to thee, after thirty years hard labour in this literary vineyard, the whole art and myftery of reviewing.

Dr. Watts hath fo long been the idol of a particular class amongst the Diffenters, that his fame would not be affected in their account, if this collection contained more trifling things than we find in it; or our criticism were more fevere on it than we intend it shall be. The Doctor was fo excellent a character, that we should be difpofed to fpare him for his heart's fake, even if we held his head in less estimation than we really do.

It is generally agreed, by men of taste and science, that Dr. Watts hath no claim to fuperiority either as a poet, a philofopher, or a divine. He was an ingenious writer. He had a lively and fertile imagination; and fome of his poems have been defervedly admired: but he wanted a correct judgment to reftrain that hey-dey of the fpirit, which too frequently led him aftray into the wilds of fanaticifm, to play at bo peep with the faints. Here it was he most exposed the weakness of his understanding. Like David, he uncovered his nakedness, when he danced before the Ark. Far be it from us to accufe this good man of infincerity. The natural enthufiafm of his temper improved on a fanatical education. Hence, without defign, he ran into certain devotional abfurdities: but it needed the genius of a Milton to adopt the cant of Calvinifm, and yet maintain the dignity of poetry. "A great gulph lies between !" And a man must be upborn on an eagle's wings (as John Wefley fays of an emigration of another kind) to fly over the immenfe chaẩm that divides these two extremes."