jurious consequences, but the agents of both be exposed in the baseness of their projects, or adequately punished for their nefarious success. Still, notwithstanding such salutary provision of this system, so tenacious is it of the justice of its decisions, and so minute are its distinctions between righ: and wrong in relation to the liberty of the subject, and the infractions upon the welfare of society, that, out of the infinite varicties of implication, it has grown into that expansion of original principle and supplementary deduction, which requires the most erudite mind, and the most consummate wisdom, to regulate and apply.

In no country throughout the habitable globe are the prescripts of law and the modifications of equity better understood, or more satisfactorily administered and defined, than in our's; and in no period of its history do the learning, the wisdom, and the integrity of the administrators and advocates of both, shine with a brighter ray of intelligence and incorruptible virtue, than in the present.

Never did more impartial judges preside, nor more able advocates plead, in our Courts, than those which now adorn their profession. Nor ever were there more wisdom and eloquence displayed, than what we are every day hearing from both. And it is a happy event for this country that such wisdom and eloquence have risen, in a commensurate degree, to that increase in the complexity of our laws, which the ambiguity of cases and the artifice of culprits have materially tended to produce; but nothing can be a plainer inference, that neither this wisdom nor this eloquence could have arrived at that perfection which they have, without much elaborate study and highly improved talent. And at this moment, the eminence of the British Bar for both these exalted qualifications, stand confessed in the spontaneous acknowledgement of the whole civilized world!

Were right and wrong to be determined by their simple limits of claim aud trespass, and were crime to be adjudged without its obliquities of iniquitous cunning, wisdom would be of itself sufficient-but it is well known, that as civilization diffuses itself throughout the different classes of mankind, their opinions and feelings become more varied in judgment and sentiment; and hence established stand

ards are canvassed with more freedom, and knowledge takes a more relative character. With the better disposed part, this improvement tends to substantiate what is good; with the worse inclined, it introduces a self-sufficient idea, that if they are not permitted to alter by innovation, they may question by opposition. But as in the most enlightened age there will always remain some who are either too indolent to be taught, or too wicked to be amended, these will either plead ignorance, or apply stratagem in extenuation of their violations of the laws.

To confirm the good intentions of the first, to correct the vain prepossessions of the second, and to controul the adverse attempts of the last, and at the same time preserve what is due to all; an intermediate power is admitted by the jurisprudence of our Constitution, which cousists in a jury of their countrymen, whose verdict, guided by the legal instruction of the judge, interposes its decision between the dictate of the law, and the relative bearing of the peculiar circumstances which are attached to the fact. But as the minds of the jury must be put in possession of these circumstances, and as in many cases the dictum of the law does not apply precisely to them all, it is the business of the advocate to seize this opening, and to make that representa tion to the jurors which may best accord with the advantage of his client. Here it is that the effect of eloquence is proved, and the knowledge and talent of the advocate are brought into action. In this point it is, that the claims of the British Bar to pre-eminence have been grounded with so much indisputable assumption-for they are not made upon the mere extrinsic qualifications of oratorical effect, but upon the more abstract acquirements of sound learning, the result of profound and extensive reading. Eloquence, in its essential properties and forms, is, according to the opinion of Cicero, magnum opus omnino et arduum; and forensic elo. quence he represents as comprehending various subjects of indefatigable study, de natura rerum, de vitá, de officiis, de virtute, de moribus, and to these he tells us, are to be added ornamenta innumerabilia. But all these would fail in forming an accomplished advocate, according to our acceptation of the cha racter, if unaccompanied with a perfect acquaintance with the several princi

ples and relative adaptation of our national law. It is true, indeed, that an eloquent advocate may be employed in a case in which the legal justification of his pleadings may be sufficiently simple and plain not to be perverted by the adverse party; and in which the question in law may be so evidently defined, as to prevent his want of this knowledge, to which the Roman orator refers, from committing the cause which he takes in hand; yet it may be pretty generally allowed, that an advocate who has little else but the faculty of eloquence to recommend him, would make but an indifferent figure at the British bar. A knowledge of the law, therefore, is a sine quâ non, which, however, painful and laborious the study may be, must be previously acquired by him, who would be esteemed a useful advocate; "and this study," says a modern writer upon the subject, "requires a union of all those talents, which would singly lead to excellence in almost any other science; and he who would arrive even to a certain degree of excellence in his profession, must often trim the midnight lamp, and spend some of the sweetest moments of life in converse with the dead." Eloquence, therefore, how ever powerful in its effect and valuable in its auxiliary importance, is not all that is necessary; and, on the other hand, it may be added, that the profoundest knowledge of the law without this aid, might be found inadequate to its object; for eloquence," says an author, who was in himself a striking instance of its efficacy, "is one of the most powerful auxiliaries of truth. Nothing contributes more to subdue the mind by the force of reason, than its being supported by the assistance of manly and vigorous cratory."* "Erit igitur eloquens,” says Cicero, is qui in foro, causisque civilibus ita dicet, ut probet, ut delcctet, ut flectal: probare necessitatis est; delectare suavitatis; flectere victoriæ."

66

In this passage we have a complete summary of the requisites to form a perfect orator; and it is well known how assiduously all these qualities were cultivated in Greece and Rome; and in what high estimation those were held who excelled in them. It may, however be asserted, that whatever might be the genins and power of the Grecian or

* Meluroth.

Roman orators; those of Britain may justly dispute the palm of superiority with the most eloquent among them. A Murray, a Dunning, an Erskine, a Grattan, a Curran, and many others who have risen by the power of talent and the perseverance of industry from the Bar to the Bench, from the Courts to the Woolsack, will amply bear us out in the assertion; and their speeches form as rich treasures of eloquence, as any that the recondite stores of antient oratory can supply.

It is to the glory of Britain, that these speeches cloathed in the utmost purity of her language, convey that undaunted love of truth, that ardent zeal for justice, and that noble independence of soul, on which every barrister ought to ground his hope of distinction and his desire of excelling; for on these grounds are established those sentiments which, as the writer before quoted well expresses it, "lend wings to words, warm the coldest bosom, and stamp impressions on the memory that time can scarcely efface."

It is with the most lively satisfaction, nay, with a proud feeling of exultation, that we here introduce the name of Charles Phillips, Esq. as that of an advocate who has evinced by the most impressive demonstrations of talent and assiduity in his profession, that, to him, all that we have now written upon the subject of forensic excellence peculiarly applies. He exemplifies it all as a lawyer and an orator of the most substantial pretensions to eminent and well cultivated genius. His language is glowing, his figures bold and striking, his metaphors rich and ornamental, his periods harmonious, his style classical and genuine, and his sentiments just, manly, and commanding.

His Speech in the Trial of Guthrie v. Sterne, first made him known to the English public-to that noble effort of eloquence may be applied the words of the Roman poet:

rister, but the earnest and irresistible appeal of the energetic friend of virtue against the insinuating influence of vice, and the insolent daring of its unblush ing votary.

To this admirable testimony of his excellence, be has added another no less eloquent specimen of his advoeacy-his Speech in a Case of Seduction, Connaughton v. Dillon; in which, if there be less brilliancy of imagery, there is equal ability of discrimina, tion and judicious argument.

He has also published a Speech in a Case of Defamation, M‘Mullan M'Cormick, in which are some of the finest thoughts on education, slander, religious and political liberty, conveyed in the most polished and powerful language, that were ever uttered by any advocate i1any Court of judicature; or, indeed, that have ever graced the pens of our best writers.

Of such an advocate, Rollin thus drew the character in one of his countrymen:"Son eloquence est un azyle, mais pour la vertu ; c'est un port salu taire ouvert a tous, mais non aux pirales."

We have now to speak of Mr. Phil lips as a poet; and when we use the terin, we do it with full confidence of the title which he makes out to its appropriation. At an early age he published a very pleasing specimen of his poetical talents, entitled "The Consolations of Erin." His "Emerald Isle," published in 1812, contains every excellence and charm which poetry possesses - A vivid imagination, chastened by an accurate judgment, unfolds itself throughout the whole poem, and every line speaks a soul warmed by the liveliest ardour of patriotic and manly feeling. This work is now in its fourth 4to. edition, which sufficiently declares the public estination of its merits.

Mr. Phillips' "Garland," a Monody on the Death of R. B. Sheridan, Esq. is a composition of elegance whose flow of synpathy and regret makes its way to the heart, and excites a kindred burst of sorrow at the recollection that such a mind, so enriched and so enriching, should be contemplated in the ruin of neglect and indigence.

We have heard also with much pleasure, that it is Mr. Phillips' intention to comprise all bis Speeches in one volume octavo. A publication which cannot but be highly acceptable to every one who has already experienced the gratification

of perusing them in their detached form.

Mr. Phillips was born in the town of Sligo, in the province of Connaught, the adjoining county to that which has to boast the birth of the Poet Goldsmith, between whose connections and his own there subsists a family relation. He was educated at the school of the Rev. James Armstrong, in Sligo, and at the age fifteen was entered at Trinity College, Dublin, where in due time he graduat ed. He then became a Member of the Middle Temple, and was called to the Irish Bar about four years ago.

of

With all those powers of mind, and with that highly cultivated understanding, which have raised him to so exalted and well-deserved an eminence of fame and universal esteem, Mr. Phillips is yet but 28 years of age.

An unremitting attention to the ab stract labours of profession, with a constant habit of studious reflection, have given a strength of feature to his countenance which marks the intellectual action of his mind in all the indication of firm and manly decision.

To our unfeigned wish that his more matured progress in life may realize his most enlarged and well-grounded expec talions of success, we add our fervent hope that, for the honour of the profession of which he is so bright an ornament, for the advantage of literature, for the cause of truth and justice, his years may be the lengthened medium of his fame, and the progressive security of that meed which his superior qualifica tions have a right to anticipate; so that he may identify, in the enjoyments of his more advanced age, those consolations which the great Exemplar of Ele quence attaches to its character:

"Pacis est Comes, oliique Socia."

Product £2 13 10

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Multiply the principal by the number of days, and to the product add its 1-3d. with 1-10th. of that third, and 1-10th of that tenth. Then, divide the amount by 10000, by cutting off the four right hand figures, and reducing them as far as required. Or, when the first four figures are cut off, they may be valued as being the decimal part of a pound.

To the Editor of the European Magazine.

SIR

TH

HE answer given by you to your correspondent S. E., relative to the Inquests having the power of entering the Bakers and Chandler's shops, &c. is incorrect. For the act of parliament you refer to deprived the Inquest and all others, who before passing that act had the right to enter bakers' shops, &c. to weigh bread exposed for sale; in consequence, the bakers and sellers are now only liable to be fined for what they actually sell; and in proof of this I refer you to a decision lately made by the magistrate of Marlborough-street office, where the Annoyance jury of Mary-le-bone parish entered the shop of a baker to weigh the bread there exposed for sale, but was obstructed in so doing. The jury conceiving they were acting in the legal execution of their office, summoned the baker to

Marlborough-street office. He appeared with counsel, who proved, that

the right to enter a baker's shop for the purpose of weighing his bread was repealed by the act you allude to. Now such being the case, the Inquest would be liable to serious consequences were they to act as you suggest. However, I hope this subject will attract the attention of the legislature; being strong. ly of opinion, that such power is highly necessary, particularly as the baker charges his own price; also at the present high price of bread, the deficiency of weight is a matter of some consequence, not only to the public, but to the baker. S. P.:

Nov. 15, 1816.

To the Editor of the European Magazinė.

SIR,

G

IVE me leave to ask you, whether the letters ascribed to the late Lord Lyttleton are considered as genuine? Several of them contain strong internal evidence of being so. Some of the letters are such as would not have been shewn by the persons to whom they were written. How came they to be published? Did Lord Lyttleton keep copies of his letters? From his lordship's habits as described by himself, and the character given of the letters in the preface, this is not very likely, as it would imply a degree of attention and labour in the composition of them, not consistent with his supposed carelessness. However, if the letters are really from his lordship's pen, it would be desirable to know to whom they were addressed, and where and when written. By a little trouble, I should think the time of writing them might have been nearly ascertained; many of them appear to have been sent to persons at a distance, and of course would have post marks. The omission of dates throughout is a suspicious circumstance. I am, &c.

Gray's Inn, Oct. 16, 1816.

J. P.