With the translation of Pope, that of Cowper will sustain no comparison. It is literal; and may be thought to bear, on this account, a nearer resemblance to the original. It is true, that, if it be examined word for word, this will appear to be the case; but, if the general effect of any one speech, or any one narrative be considered, the result will be very different. Let their translations of that part of the first book of the Iliad, which describes the walk of the priest on the loud-resounding shore, and his address to the chiefs, be compared:-which will be found to give the best notion of the exquisite charm of the original? Even the most orthodox Grecian must give the palm to Pope. Dr. Johnson pronounces his translation to be "a poetical wonder, "-a production which no age or nation can pretend to equal." Is this exaggerated praise? Dryden's translation of the Æneid stands nearest to it: a poet by profession, in search of poetical imagery, poetical combinations and poetical diction, will perhaps find more of these in Dryden; but general readers will unquestionably give a decided preference to Pope.

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III.

JURISPRUDENCE.

THE Inns of Court completely divorced the Reminiscent from the muses:-in the course of his professional studies he endeavoured to obtain a general elementary knowledge of the Laws and Constitutions of other countries. The few following miscellaneous observations on some of the topics, to which this subject leads, will not, perhaps, be unacceptable to his readers.

III. 1.

Heirship and Venality of Judicial Offices in France.

AN Englishman will hear with surprise, that in France, from the age of Lewis the twelfth, till the revolution, most offices of justice were both hereditary and saleable; he will hear, with greater surprise, that this was a point, on which respectable opinions were divided at the first, and continued divided to the last.

In the year 1467, offices, which before that time had been simple commissions, revocable at the king's pleasure, were, by an edict of Lewis the eleventh, rendered perpetual and hereditary. This edict gave rise both to the heirship and sale of offices. In 1493, Charles the eighth published an edict, which, while it prohibited the sale by

one subject to another, of offices that regarded the administration of justice, was silent on the sale of other offices, and was therefore supposed to legalize their sale. An edict of Lewis the twelfth allowed the sale even of offices of justice. Until 1522, 'the whole of the money paid for the purchase of them was received by the crown; but in that year, an edict of Francis the first permitted individuals, possessed of such offices, to sell them, on paying a certain proportion of the purchase-money into the royal treasury: this made venality of offices an important article of the French constitution, and an important branch of the royal revenue.

In the course of time, it underwent many modifications. For some centuries before the French revolution, it was conducted on the following plan:-When the king established a new court of justice, the edict of its creation fixed the number of the magistrates or judges, and the specific sums to be paid by them for grants of the offices, which they should fill. For these, the candidates petitioned the king; the grants of them were made by letters under the great seal; and, from that time, the offices were hereditary in the family of the grantee.-Where a court was established, the possessor of any of the offices, of which it was composed, might, in his life-time, and his heirs might, after his decease, dispose of it by sale; or he might direct by will that it should be sold. When the sale of an office took place, the purchaser petitioned the crown

for a grant of it; and, when the grant was signed, he paid, besides the price payable to the vendor, a sum of money into the royal treasury: the amount of it varied from 1,000 to 2,000 French crowns. The money which he paid into the royal treasury, was, on a subsequent sale of the office, returned to him or his heirs. Thus, the purchaser of an office virtually paid for it no more than the interest which accrued upon the purchasemoney from the time of its payment until the return of it on a resale. But great care was exerted to ascertain that the person, to whom the office was granted, should be properly qualified for the discharge of its duties. It was always required that he should have taken the degree of licentiate both in the civil and the canon law and the taking of such a degree, in a French university, was far from a matter of course. soon as the grant of the office was delivered to the purchaser, he presented it to the tribunal to which the office belonged, with a petition, stating generally, his qualifications, and expressly averring that the money, which he had paid for the . office, was really his own, and had not been borrowed by him for the purpose. A commission then issued, composed of lay and ecclesiastical lawyers and other persons of rank: they were directed to inquire and report upon the learning, morals, political conduct and general idoneity of the purchaser. The procureur-general of the parliament, within whose resort the office lay, presided over the commission. If the inquiry

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was favourable to the purchaser, they chose, out of the digest or code, some point of law, upon which, at the end of eight days, he was to come prepared with complete legal information; he was also expected to answer, with general sufficiency, on the civil and canon law, and on the ordonnances and customary law of the country. Sometimes, he was declared incapable of the office; sometimes, a term for further probation was allowed him. Till the middle of the last century these examinations were conducted with great strictness. The chancellor himself occasionally examined the persons appointed to offices, on their competency. "One day," says

Brantôme, "I called on M. le Chancelier de l'Hôpital, with Maréschal Strozzi, who was among his favourites, and he invited us to dine. "For our dinner he gave us an excellent bouillie*,

* Of the excellence of this bouillie, Strozzi was a consummate judge, if he was capable of appreciating the merit of his own cook. "This great artist maintained his master's table "with twelve couverts every day, during the long and severe "blockade of Le Petit Leyth, although he had nothing better "to place on it, than the quarter of a carrion-horse, and now "and then the grass and weeds that grew on the ramparts: "c'etoit un homme superbe! With one thistle's head and a "nettle or two, he could make a soup for twenty guests; an "haunch of a little puppy-dog, made a roti des plus excel"lents: but his coup de maitre was, when the rendition, what "you call the surrender, took place and happened; and then "he made, out of the hind quarter of one salted horse, forty"five couverts, that the English and Scottish officers and

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nobility, who had the honour to dine with Monseigneur, "upon the rendition, could not tell what the devil any one of "them were made upon at all."-Fortunes of Nigel, vol. ii. ch. 1.

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