court of the common law, wherein the king of England fometimes fat in perfon, and is ftill prefumed in law to fit there, and is invefted with feveral fingular powers, viz. that of regulating all other courts of law in the kingdom; fo that they do not exceed their jurifdiction; of reverfing erroneous judg ments given in inferior courts, and punishing the magiftrates and officers for corruption; of iffuing mandamus's for reftoring officers of a corporation and freemen disfranchised; and providing for the poor, and directing the civil policy and go⚫vernment of all England.'

He then proceeds to fpecify the particulars of a reporter's duty, and concludes with a panegyrick on lord Md, which carries in it more justice than delicacy.

The Writer however appears to be a man of extenfive reading, and to have a competent knowledge in the fubject he treats of. Nevertheless, we are not thoroughly fatisfied of the expedience of the fcheme he recommends. We apprehend that notes taken by judges, or barristers, for their own ufe and improvement, are more likely to be accurate, than such as may be taken by a reporter especially appointed for that purpose, whose falary may be his only inducement to that employment; and who may at length become eftablished more through favour and intereft, than from his own industry and merit.

After all, perhaps, an uniformity of decifion is rather to be wifhed for, than expected. Few cafes can be found exactly fimilar; and, in thofe which are, we often meet with very different determinations. Nay, it is not uncommon for judges to differ from themfelves, and to give various opinions on the fame fubject at different periods of time. If they difagree from themselves, others have an unquestionable right to diffent from them and without doubt we have, in all cafes, the fame priviledge of judging for ourfelves, which our forefathers had.

But though our legal determinations are not fo uniform as might be defired, yet we have the happiness to preferve greater uniformity, than perhaps any other nation can boaft of. This bleffing we owe to the freedom of our conftitution: for, in the most ellential points of liberty and property, our laws are generally too pofitive, to admit of a latitude of conftruction.

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Account

Account of FOREIGN BOOKS.

Memoires de la vie de François de Scepeaux, fire de Vieilleville, & comte de Dureftal, maréchal de France. That is,

Memoirs of the life of Francis de Scepeaux, lord of Vieilleville, and count de Dureftal, marfhal of France; containing many anecdotes of the reigns of Francis I. Henry II. Francis II. and Charles IX. compofed by Vincent Carloix, the Marshal's fecretary. Paris, 12mo. 5 tomes. H. L. Guerin, and L. F. Delatour. 1757

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HESE Memoirs, though relating to fuch diftant times, and written in an old fafhioned ftile, are equally curious, instructive, and entertaining. The caftle of Dureftal having come into the poffeffion of the house of Rochefoucault, the papers of Vincent Carloix, which had lain quietly among duft and cobwebs for a century, accidentally happened to be examined, and were judged worthy to fee the light.

The French look upon Philip de Comines to be the author of this kind of writing; which certainly is of great utility, as it makes us acquainted with the temper and character of famous men, and thereby throws a ftrong light on the history of the age in which they lived, but more particularly on those events, in which they had a fhare, and thofe exploits in war, or intrigues of ftate, in which they were principally concerned; efpecially when, as in the prefent cafe, they are penned by a cotemporary writer, and one who, from the nature of his employment, had an opportunity of being exactly informed, and well acquainted, with every thing he writes upon.

The marshal de Vieilleville lived in very active and stirring times, and was from his infancy bred in courts. He was page to Madame Louifa of Savoy, mother to Francis the firft, and the adventure by which he was firft diftinguished, fell out while he was a mere boy. The mafter of the houfhold to the princefs beforementioned gave him a cuff on the ear, one day as her dinner was ferved up; for which, as foon as it was over, the youth took him out, and, according to the romantic fpirit which then prevailed, ran him through the body. This misfortune. obliging him to withdraw, he went into Italy, to ferve under his coulin monfieur de Lautrec, and, by a feries of gallant actions, he gained great honour. His vivacity and eagerness to fee every thing, induced him to make a trip to fea, where he obtained the command of a galley, and by fome fingular ftrokes of addrefs, added to the luftre of his reputation. On his return to France, he came into great efteem with Francis the first,

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who employed him in many difficult enterprizes, and recom-. mended him particularly to his fecond fon the duke of Orleans, afterwards Henry the fecond, with whom he was in conftant favour.

He was created marshal of France, under Charles the ninth, in 1562, not only without any intrigue, but after having refufed it with much conftancy, and not till both the king and the queen mother, Katherine de Medicis, made him a vifit, and preffed him to it. He was a great ftatesman, as well as an able officer; he was twice amballador in England, in the reign of queen Elizabeth, and had the merit of defeating the intrigues of the cardinal de Chastillon, in favour of the malecontents. He went likewife, with the fame character, to the court of the emperor Ferdinand the first, who had fo high an esteem for him, that he frequently honoured him with a place at his table. He was alfo ambassador in Switzerland, and we learn from the fupplement to these memoirs, which was wrote by Francis Dupas, that at his return from this embaffy, he had the honour of entertaining the king and the queen mother at his caftle of Dureftal, an honour which proved fatal to him, for he was poisoned during that vifit.

The marshal de Vieilleville was truly a great man, for he piqued himself no lefs on his probity than his honour. He adhered fteadily to the crown upon all occafions, and in an age of faction, difdained to be of any party. It is chiefly upon this account, that lefs notice is taken of him, than his fignal merit deserved, in the hiftories of thofe times; the authors of which were generally biaffed to one fide or the other; for which reafon, these memoirs are defervedly efteemed, fince they inform us of many circumstances which are no where else to be found, and clear up many paffages in reigns, the accounts of which have been hitherto as perplexed as any in the French history. They are likewife of no fmall utility, in regard to other nations, who were either engaged in negotiations, or in wars with the French, during the period to which they relate. Befides, they are full of anecdotes, characters, and ftrokes of personal ftory, that are equally inftructive and pleasing.

The Editor has prudently published them, with fcrupulous exactness, from the original manufcript, without altering or retouching the language, which is far from being inelegant, confidering when they were penned. It is certain, that, in those times, the writers of memoirs had a ftrength and poignancy in their stile, and expreffed themselves with more energy, and much lefs referve than they do at prefent; and therefore it is better to let thefe old authors appear in their own garb, which has some

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thing in it not only venerable but graceful, rather than attempt to put them into the habit of the prefent times, which instead of becoming, would only render them ridiculous. But to fhew that he did not mean to fpare his pains, there are occafional notes and obfervations by the Editor, in which he has rectified various errors in chronology, explained certain places that were obfcure, and hinted the corrections in refpect to other hiftorians, with which we are furnished by these memoirs.

Qeuvres diverfes de M. l'Abbe Oliva, bibliothecaire de M. le prince de Soubife. That is,

The miscellaneous works of the Abbe Oliva, librarian to the prince de Soubife. Paris, 1758. 8vo. Martin.

The Author of this little mifcellany, the late learned and indefatigable Abbe Oliva, was born at Rovigo, in the dominions of the ftate of Venice; he entered very early into orders, and became profeffor in the college of Azolo. He diftinguished himfelf there, not only by his learning, but by a peculiar fweetness of temper, which rendered him agreeable to all who converfed with him. His reputation, in a few years, drew him out of that obfcurity in which he paffed the earlier part of his life, and was the cause of his being fent for to Rome, where he was in a fair way of making his fortune by the favour of pope Clement the eleventh, when that pontiff died. The cardinal de Rohan coming to Rome, in the year 1722, became acquainted with, and entertained fo honourable an idea of the Abbe Oliva, that he engaged him to go with him into France, where he became his librarian, and ipent near thirty-fix years in procuring, difpofing, and regulating one of the fineft collection of books, that was perhaps ever poffeffed by a prelate of the chriftian church, as appeared from the catalogue, which this very learned and laborious perfon compofed and compleated, in twenty-five volumes in folio. This library was the occupation of his whole life; he was the friend of every learned man who defired to confult it, gave him every affiftance in his power, and was never fo well pleafed, as when he had an opportunity of rendering fervice to a man of merit. He had a generous patron, who had many rich benefices to beftow; he follicited none, refufed many, and was content with a very moderate income; part of which he employed in collecting a cabinet for himself, and the reft he beftowed in charity.

Thefe mifcellanies confift of three difcourfes; the firft, on the advantages arifing from the science of medals, and their utility in respect to hiftory, in which the Author not only fhews a perfect acquaintance with the best authors of antiquity, but a

thorough

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thorough knowlege of his fubject, which he difcuffes methodically, and illuftrates every pofition that he advances, by proper teftimonies from matters of fact, fo as to fet every propofition he undertook to prove, in the clearest and strongest point of light, and to render the whole equally pleafing and inftructive.

The second differtation is of large extent. It regards the difcipline of the Roman schools, and is divided into fourteen chapters. He fhews the diftinction that ought to be made, and in those days was made, between a Tchoolmafter and a grammarian. The former only taught children to read, whereas the latter inftructed them in the art of speaking and writing correctly, enabled them to understand thoroughly the fente, and to taste all the beauties of the historians and poets. He enters fagaciously and deeply into the functions of these grammarians, their method and exercises, the recompences they received, and the confideration in which they were held. He fhews alfo by what false steps, and errors in their own conduct, they loft their credit; yet blames that undiftinguishing feverity, which confounds the good and the bad, and knows not how to feparate true learning from pedantry.

The third was occasioned by the taking up an ancient marble, being a large square stone, graved on all the four fides, when they were digging the foundation for a wing, that was added to the library of the Minerva. This marble was dedicated to. Isis, as appeared plainly from the name of that goddess, which was engraved upon it. The question then amongst the learned was, whether it had been formerly a Cippus, an Altar, or the Bafis of a column. The Abbe Oliva thought it was none of these, but a votive table, the proof of which he has undertaken in this treatife; which is divided into twelve chapters, in which he has fhewn equal diligence and erudition, as well as a profound knowlege of the Egyptian antiquities.

Such are the teftimonies this learned and ingenious perfon has left the public of the nature and application of his ftudies, which receive their biafs from the country in which he was born and educated, the modern Italians being fuperftitiously disposed to adore the ancient Romans, rather than from a principle of manly emulation, inclined to imitate them. They were collected, fitted for the prefs, and publifhed, after his deceafe, by a friend; who is at great pains to render juftice to his character, and to pay that refpect to his memory, which, while living, it was his principal delight, to teftify for every other man's merit.

Mémoire