on the causes and probable remedies of the present insalubrity of the air in the Campagna' di Roma, are sensible and interesting; indeed, they form in our estimation the most valuable part of his volume. Nothing surely is more astonishing than that those hills, which, as Livy tells us, were chosen purposely for the site of Rome on account of their salubrity,—and still more the coast of Latium, where Pliny, with a thousand other rich men, had their villas,—should now be a prey to infectious fevers. Yet the pestilence itself this author seems with reason to consider as no more than the match which produces the explosion, when applied to matter previously disposed to catch the flame. The grand desideratum is to remove the universal state of starvation and beggary to which the lower classes are condemned, by the silently beneficial influence of good laws and police; and more especially by establishing small proprietors, and encouraging them to cultivate their own lands.

Upon the whole, as an illustration of the Eneid, the present publication did not much disappoint us: for we expected little. Yet, considered as the relation of a four days ramble about a part of Italy, which has been little visited of late years, and which is interesting from the recollection of what it once has been, it certainly possesses some recommendations at least sufficient to make us wish for something more and something better.

ART. V.-System der reinen und angewanden Mechanik fester körper von I. I. A. Ide D. P.

System of Pure and Practical Mechanics, by I. I. A. Ide, D. P. 8vo. Jena. г805.

THE author makes a just complaint, that in most books on this subject in the German language there appears too great a desire to shew the practical utility of every proposition; and thus is retarded the progress of the learner to a higher degree of knowledge, whose consequence would afterwards prove to be far more interesting. To remedy this defect, he carries on his theory to a great extent, and shews himself well qualified for his undertaking. The principles are, in general, well laid down, the arrangement is excellent, and the improvements that have been made in later times are well introduced. On the difficult subject of pressure it will not excite surprise if there should appear to be a failure. On the division of pressure on several points and surfaces, we cannot agree with him. When a body is supported at three points, the pressure in each is found by forms which, in the case of the three points and the centre of gravity being in the same

2

straight line, become, and the three expressions do not give in this state a determinate value. On this account another mode is taken to determine precisely the nature of the pres sure on each point; and a principle is previously laid down as undeniable, that the division of the pressure will be as uniform as possible, or the difference of the pressure on the different props will be as small as circumstances admit. The sum then of the separate pressures is given in the terms of p p' p", or the sum of their squares pp 2 + p-p)2 + p—p" 2 = minimum, and a new formula is derived by the usual method of fluxions. But is the previous proposition undeniable? and can it be considered as an axiom, when there is reason for doubt, and it would be difficult to prove its truth in all cases? The result is considered to be right and true, and upon this account the reader is expected to acquiesce in the truth of the lemma. Such a proceeding cannot be allowed in mathematical reasoning: the truth of each proposition must be ascertained before any deduction is made from it; and in this case it is particularly necessary, since the results may fairly be called in question.

For example: let us take an inflexible plank, whose centre of gravity is in the middle, and let it be supported by three props, the one in the middle, and the other two at equal distances from it,the three props being in a straight line; in this case, according to the theory laid down, a third part of the weight will be supported by each prop. Such a result cannot be allowed to be either true or probable. On each side of the middle prop the effort to descend is not, indeed, destroyed by the effort on the other side, but it is rendered inactive, and it is against the first principles of statics that on both sides of the centre of gravity which is supported a pressure should exist. The question is here not on the nature of an elastic plank, but merely on a perfectly stiff line. Were the elasticity of the plank, however, considered, yet the theory could not be allowed, even if it agreed in its results with that of Euler. In this case the pressure upon the middle prop might be destroyed, if the outer props were not too far distant from the middle one. The formula laid down gives, indeed, for each of the three props, a third part of the weight of the body, as pressure upon each prop, when the centre of gravity is in one, at equal distances from the other two; but this is evidently false, whether maintained by Euler or not, since in mathematics the authority of a name carries with it neither conviction nor weight.

The inflexibility of the plank was pre-supposed, and consequently the whole of the weight must rest upon the prop which is in the point of the centre of gravity; or the centre

of gravity ceases to be a centre of gravity in the usual acceptation of the term, and we must look out for a new definition for it. For this case the first-found formula is right: II= p, that is, the pressure on the prop supporting the centre of gravity is equal to the whole weight. In some other cases the conclusions drawn by the author cannot be allowed; but the work is calculated to draw attention to those points in which, if he has failed, he may console himself with the reflection that names great in science have been as unsuccessful.

ART. VI.-Dissertação sobre os Deveres dos Juizes, &e. Di sertation on the Duties of Judges; with a compendious Trea tise on public and private Violence. By John Filippe de Cruz, Presbyter of the Order of St. Peter. Small 8vo. Lisbon. 1803.

LAWS give a character to the manners and customs of 2 free country, but it is the administration of them that affects the domestic happiness or misery of the people. In absolute governments they are generally a dead letter, unknown to all but the rich and powerful, whose influence can command a reference to first principles, or the usage of their forefathers. This is more particularly the fact with regard to penal laws; which are frequently annulled, neglected, applied, augmented, or explained, according to the caprice of judges acting by the authority of a despot. The duties of a judge must therefore be highly important in every country, but more especially so in those where he is at once the most absolute and dependent being in the community. In almost every country of Europe, except England, judges hold their places at the option of the prince, and they unite in their own person the powers of jurisconsult, juror, and legislator: that is, they first expound the law supposed to be violated; then, as jurors, decide on the fact and credibility of witnesses; and finally, as legislators, award the punishment of offenders according to their own fancies, sanctioned by the government. This triple capacity, which would require such a rare portion of genius and wisdom, is often filled in a manner little honourable to princes' or to human nature, and still less favourable to the dearest interests of society. Indeed their inability seems to be great in proportion to the magnitude of the duty: and had the disaffected persons in this country as often witnessed the violence, the blind fury, and contempt of justice and humanity in foreign courts of judicature, as we have done, they never would have complained that they were born in England. It is in vain that we look for foreign precedents, either ancient

or modern, as there is neither a judicial nor civil court of ju485 dicature in the British empire in which the principles of moral and political justice are not better defined, and more ably and humanely applied, than in any other country of Europe whatever. We allude in particular to the manner of examining witnesses and ascertaining facts, to the humane conduct of the judge and jurors towards the accused, and to their discrimi nating penetration, moderation, and impartiality. An English judge regrets that the prisoner should be found guilty; a French one often seems to be animated with a malignant exultation at the occasion of inflicting punishment on a malefactor.

The work before us is extremely elaborate; it comprises the labour of both the French and Portuguese editors, and there are few legislators or writers of distinction on jurisprudence, from Moses down to Grotius and Puffendorf, who are not cited in the course of the dissertation. In the introduction the editor gives a view of the multifarious contents of his work, in which the opinions are not always very consistent, nor established with sufficient precision : indeed, it may be said to be, on the whole, like many German publications, more laborious than ingenious, as there is frequently a striking want of that philosophic acumen which is indispensable in works of this nature. The introduction commences thus:

'The dissertation on the duties of judges contains all that magistrates ought to know and practise: example combined with precept, and a mixture of many instructive passages, make this subject, which from its nature is somewhat abstract, more entertaining. The public in general, and those who are destined for the magistracy in particular, may alike receive salutary instructions from it,'

The first chapter, which is on the choice of a judge, consists of apothegms and anecdotes of judicial proceedings, both ancient and modern, and of the necessary qualities and character of judges. The noble and lofty reply of Papinian to Caracalla, is worthy to be remarked and remembered: 'It is much more easy,' said he to this prince, 'to commit a crime than to justify it.' We pass over our author's observations on the tribunal of women established by Heliogabalus on the Quirinal hill, which was merely a piece of jocularity on the part of that emperor, but which is here considered as a serious institution. The succeeding chapter has for its object the authority of a judge, in which are some interesting extracts from history. The ideal perfection inculcated here amounts to no more than causing the judges to be tried by the same laws with which they judged others;' a proof of how little the writers on the continent in general know of the superior administration of justice in this country, where the judges are not

only tried by the same laws, but where the laws define their power, and thereby obviate all possibility of abuse, and consequently prevent the existence of important evil. In treating of the prudence of a judge, our author confounds the duty of the judge, who is only the interpreter of the law, with the equity of the laws and the general principles of justice. The following observations reflect severely upon those catholic countries where torture is still allowed, as well as the common practice of judges in most countries on the continent of Europe.

The judge ought to abstain from all measures that are contrary to decency and good manners in the administration of justice in certain cases. The same should be understood of those public executions which justice ordains; for, as the only object of the punishment of crimes is the interest and advantage of society, these may be highly dangerous by exciting men to an evil till then unknown, but which is rendered notorious by the publicity of the chastisement. It is indeed certain that there are crimes of such a nature, that to conceal them is of much greater utility than to make those acquainted with them who before were ignorant of them. The laws which prohibit certain crimes little known, are also imprudent.'

While on the subject of prudence,' the author passes some animadversions on the want of coolness and temperance in the Irish judges. The following anecdote is related:-In a certain city of Ireland the judge shewed great impatience while the counsel was pleading, and anticipated him in what he had to say: the counsel anwered, No, my lord; I do not mean that.' You say this then?' asked the judge. Nor that, my lord,' rejoined the counsel. In finé, after three questions of this kind, the counsel answered definitively, 'My lord, how could I say such absurdities?' This however may be true without impeding the administration of justice according to the laws of England; as the pleadings of counsel are by no means essential, the laws determining the punishment, and the jurors deciding on the innocence or guilt of the accused. In Portugal, however, did the judge manifest such impatience, where his power is in a great measure indefinite, and where there are no jurors to appreciate the evidence, both humanity and justice would be violated in almost every instance.

The observations on the equity of a judge' contain excellent rules for the conduct of those who are destined to so respectable and so useful an office. The more ordinary abuses are represented to be, delays and negligence in sentencing; a want of examination and attention in some essential circumstances; the giving ear to calumny, and patronizing frauds; the passing over certain abuses with impunity, especially in judicial processes; and the