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16
Indian is a mixture of licentioufnefs
and generofity, very frequent on the
ftage, and always introduced in the
compofitions of the circulating libra-
ry. He is Ranger, Young Belmont,
Lovelace, and a thousand fimilar cha-
racters-The Irish Major, is the Irish
officer in Love A-la-mode, only with-
out a fortune-Mr. and Mrs. Ful-
more are the Mr. and Mrs. Subtle of
the Englishman in Paris-Lady Ruf-
port is an inferior Lady Brumpton
and the other characters have not a
trait of originality.

THE SENTIMENTS

In many places do honour to humanity-they are often new-generally ftriking-and always the dictates of benevolence. They merit and receive the greatest approbation.

THE DICTION

Is not unexceptionable-The WeftIndian is often in burlefque heroics on the most serious occafions.-The Irishman is a gentleman-and his calling Lady Rufport-" Old Tabby, and old cat," is exceedingly coarse. There is fome humour in Fulmore's dialogue, but his wife's favours rather too much of the bagnio. The rest of the characters generally fpeak a language confiftent with their situations, and often express themselves with elegance.

THE MANNERS
Violated glaringly--The women
court the men through the whole
piece. Mifs Rufport actually forces
herself upon young Dudley-and Mifs
Dudley entertains a first-fight paf-
fion for a man, who treats her con-
tantly as a woman of the town, till
the catastrophe in the fifth act. It
may be faid his generofity to her fa-
ther excites this tender partiality-but
furely as fhe has fuch an early rea-
fon for thinking that generofity infa-
mous, it should ferve rather to feel
her bofom against Belcour, than fof-
ten her into an immediate approba
tion of his addreffes. The manners
are alfo notoriously violated in the
Irishman; the following couplet in the
prologue

"But yet defpife him not-for on his
lip
"His error hangs-his heart will
never trip

prepares us for a man of honour ; and through the play we have many fentiments of rectitude in his character, but furely it is not confiftent with the ideas of honour, to court an "Old Tabby, an old cat," merely for the fake of her money. The Major is poor, but poverty does not justify a difhonourable action. The Major befides talks of having five different wives then living-how he can reconcile the marriage of a fixth to his notions of probity, is totally beyond our comprehenfion.

THE MORAL

Excellent; to inculcate virtue generally through life, and in particular to fhew the dangerous confequences of gallantry.

THE REPRESENTATION.

We have been thus minute in our examination of the Weft-Indian, becaufe as it was received with uncommon approbation, the public may be peculiarly defirous of an ample critique. We therefore declare, that with all its imperfections on its head, it pleases very much in the reprefentation-A variety of incidents keeps the attention continually alive; and the air of benevolence breathing fo frequently through these incidents, excites an intereft that makes us forget their obvious improbability.-Mr. Garrick has great merit in the accuracy, with which, to make use of a technical term, he has got up this play: and the performers deferve great commendation, for the fpirit with which they fuftain their respective characters, The female parts are rather inconfiderable; yet Mrs. Abington, who is certainly one of the first comic actreffes that ever existed, makes fo much of Mifs Rufport, and blends her advances to Dudley with fuch genuine ftrokes of unaffected delicacy, that the almoft renders forwardness refpectable: the fpeaks an excellent epilogue alfo, written by Mr. Garrick, with inconceivable vivacity. Mr.King, in the Weft-Indian, is every thing that the fevereft criticifm can poffibly defire. Mr. Cautherly manifefts no little fenfibility, and Mr. Moody has justly extended his reputation for preeminence in the Irishmen.

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To the AUTHOR of the LONDON MAGAZINE.

I

SIR,

Have read the effay on the name JEHOVAH, printed in your Magazine for June laft, and have obferved from it, that the knowing the true time when God first declared or publifhed this name, will correct many miftakes which fome able writers have fallen into for want of it. In proof of this obfervation I think it proper to give an instance or two only in one particular cafe.

Eufebius (Lib. 7. cap. 2. de Præpar. Evang.) fuppofes that the book of Genefis was written by Mofes during the time of his keeping the flock of ye thra his father-in-law in the land of Milian. But this we now fee was impollible, because he frequently repeats the name Jehovah in it, as an hiftorian writing his hiftory for the ufe of the fubjects of the theocracy.

Yet when he records the covenant made with Abraham, he introduces God calling himself by another name. "When Abram (fays he) was ninety years old and nine, Jehovah appeared to Abram and faid unto him, I am the God SHADDAI; walk before me, and be thou perfect, and I will make my covenant between me and thee." Gen. xvii. Again when Jacob came out of Padan-aram God appeared unto him and faid, "I am the God Shaddai, be fruitful and multiply, a nation and a company of nations fhall be of thee." Chap. 35.

This agrees with what follows in the fecond book of Mofes at the fixth chapter, where God spake unto him and faid, "I am JEHOVAн, and I appeared unto Abraham, unto Ifaac, and unto Jacob by the name of the God Shad dai, but by my name Jehovah was I not known unto them." This name then is an undeniable proof of the error of Eufebius, and hows to a deMonitration that the book of Genefis could never have been written under the patriarchal covenant, which was the only one that fubfifted during the retirement of Mofes in the land of Midian, and Shaddai the only name of the God of his fathers during that retirement. The book of Genefis therefore, like all the rest of the Pentateuch, mut needs have been written after his

Jan. 1771

divine legation at the burning bush; when the name JEHOVAH was first . pronounced.

In like manner the afcertaining the true time of the first declaration of this name of God will correct many miftakes concerning the book of Job. Our own Bifhop Patrick, in the preface to his Paraphrafe upon it, calls it the most antient book in the whole Bible, and fays, the old tradition is, that Mofes could not find any thing like it for the fupport and fatisfaction of the Ifraclites in their Egyptian bondage, and therefore took the pains to tranflate it into their language outof the Syriack, wherein it was firft written. He then tranfcribes the old legendary tale of the writer of the commentaries upon this book under the name of Origen, who truly pretends to tell us the very words which Majes fpoke to the people with a pleafing countenance, when he delivered it into their hands.

All this old wives fable is confuted at once, only by faying, that the theoeratic name of God is mentioned nine times in the very first chapter of it. The fame is continued in the fe. cond chapter; fince they are both of them plain historical narration, as a prologue to introduce the poetical part of the book, which begins in the third chapter. Again when God appears himself in the 38th chapter, as a judge to decide the long controverty, the preface which introduces him at first, and all the fpeeches between him and Job afterwards, makes ufe of the name of God under the theocracy. And in the last chapter, where the hiftorical narration returns and finishes the book, as the epilogue to the poem, the name Jehovah is conftantly used.

This proves with equal certainty, that the book of Job could never have been written till after the erection of the theocracy; and that Mofes himself, had he been the author of it, could never have done it before that time. Yet ftill in the poetical part of it, in which the difpute is fo warmly carried on between fob and his friends, the writer has generally made use of the patriarchal name of God: to generally indeed, that the name of God under the theocracy has never escaped him but once; and that is at chap. C

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18
xii. verfe 9. This is done to preserve
the manners of the patriarchal times,
in which Job himself moft undoubt-

edly lived. The lame regard to thefe
manners we find in the very beginning
of the book; for at the third verfe, in
which an account is given of the
wealth and circumstances of Job, we
fee no mention is made of either filver
or gold, but the whole inventory of
his fubftance and estate confifts of cat-
His fubftance was
tle and fervants.
feven thousand sheep, and three thousand
camels, and five hundred yoke of oxen,
and five hundred fhe-affes, and a very
great household.

Can any picture of the patriarchal
times be more faithful than this, or
more conformable to the hiftory of
Abraham, Ifaac and Jacob? most cer-
tainly not. And the writer of this
book has been fo very careful of thefe
manners, that fome commentators
and others have been induced to be-
lieve that the book was wrote by Job
himself. The reality of his perfon
(fay they) the eminence of his cha-
racter, his fortitude and patience in
very great afflictions, his preceding
and fubfequent felicity are allowed by
all, and it is generally fuppofed that
he lived a generation or two before
Mofes; and probably the book was
wrote by himfelf in the time of his
reftored profperity.

This conjecture, like that of Eufe bius beforementioned in regard to the book of Genefis, is overthrown by the fame plain matter of fact, that is, by the certain date of the theocratic name of God. Whoever it was then that fettled the order and arrangement of the books of the facred canon after the return from the captivity in Babylon, we have reafon to believe that he has put the book of fob into its proper rank, and given it its due place: and indeed it appears from another mark that is in it, that it mult needs have been written after the Jews had been in that captivity.

From these two iuftances, which have been given in one and the like cafe, we fee one ufe that may be made of the certain date of this name of God; and there are other contiderations of fill greater importance belonging to it. I am, fir, Sec.

H. S:

A brief Description of the English Law

Courts.

S there is no in uni

A verte, who country in the lo
much the fubject of animadverfion as
in England, we are fatisfied that the
following little fummary of the bufi-
nefs carried on in the respective courts,
must be highly acceptable to the
reader.

"The court of chancery, which is
a court of equity, is next in dig-
nity and power to the high court of
parliament, and here the lord chan-
cellor, the lord keeper of the great
feal, fits as judge (unlefs commif-
fioners are appointed for that pur-
pofe) fearches into frauds, breaches of
truft, and fecret practice, and, in many
cafes, moderates the rigour of the
common law. The proceedings are
carried on by bills, anfwers and de-
crees; but thefe decrees can only bind
the perfon of the fuitors, and not their
lands or goods.

The twelve masters in chanceryre affiftants to the lord chancellor; the firft of whom is called Master of the Rolls, or records of the court of chancery, and he, in the abfence of the chancellor, hears caufes at the rolls office, and fometimes in the court of chancery. In his gift are the offices of the fix clerks, whole bufinefs it is to enrol commiflions, pardons, patents, &c. which pafs the great feal. They are alfo attorneys for the fuitors in all caufes depending in this court. Under thefe fix clerks are fixty more, who dispatch all the bufinefs of that office. In the court of chancery there are alfo two examiners, who examine all witneffes on oath, and take their depofitions, and other officers whofe employments we pass over for the fake of brevity.

The court of chancery enquires into all fuch frauds and abufes as may have been committed where eftates or charitaany money has been given to ble ufe, obliging the truftees to perform their trust according to the intent of the refpective donors.

Of the Court of King's Bench. The court of king's bench, which is, next the house of lords, the highest court in England at common law, takes cognizance of fuch criminal caufes as treason, felony, breaches of the peace, oppreflion,

oppreffion, &c. and can examine, controul and correct the judgements and proceeding of all other inferior courts (except that of the Exchequer) not only in pleas of the crown, but in all other; errors committed by juftices of the peace come alio under their cognizance.

In this court there are four judges created by patent, who hold their places for life, viz. the lord chief juftice of this court (also called the lord chief juftice of England) who has a falary of 4000l. per annum, and the three other judges have each 200ol. per annum. This court grants prohibitions to other courts, both ecclefiaftical and civil, when they exceed the bounds of their jurifdiction; and here all matters of facts relating to civil or criminal caufes are tried by a jury. In this court all young lawyers, that have been called to the bar, are allowed to plead and practife. The jurifdiction of this lord chief juftice is very extenfive, and his warrant is of force in any part of the kingdom.

Of the Court of Common Pleas. The court of common pleas takes cognizance of none but civil caufes; and real actions are pleadable no where elle; nor can fines be levied, nor recoveries fuffered in any other court. The judges of this court are the lord chief justice of the common pleas, and three other judges, who are created by patent for life; the falary of the firft is 2500l. and each of the others 2000l. per annum. None but ferjeants at law can plead in this court, and all facts are tried by a jury.

The chief officers belonging to this court, are the cuftos brevium, prothonotaries, and chirographer, who are all fworn, fit in court, and hold their offices for life as a freehold.

The cuftos brevium is the firft clerk in court; his office is to receive and keep all writs and records of nifi prius, called papeas.

The Prothonotaries are to enter and enrol all declarations, pleadings, judgments, &c. and in their offices the attornies of the faid court are to enter their caufes, &c.

The Chirographer is to engross and acknowledge fines, &c. and has under him fix clerks, who have each their respective counties allotted them.

Of the Court of Exchequer. In the Exchequer there are two courts held; in the one caufes are tried according to law, and the other according to equity. The court of equity is held before the lord treafurer, the chancellor of the exchequer, and one or more of the barons; but the court of judicial proceedings, according to law, is held before the barons only.

In this court are tried all matters relating to the revenues of the crown; fuch as concern accounts, customs and fines, &c. for which purpose four judges are appointed, who are called Barons of the Exchequer, the first whereof is the lord chief baron, whofe falary is 3000l. and the falary of the rest is 2000l. per annum.

There is alfo the curfitor baron, who fits with the other barons, but is not a judge of the court, his office being only to adminifter the oaths to fheriffs, under fheriffs, bailiffs, and the officers of the cuftom houfe.

For the affiftance of thefe barons, and for the more regular dispatch of bufinefs, there are feveral officers who have places of confiderable trust and profit, particularly, 1. The king's remembrancer, who has under him eight fworn attornies, two of whom are diftinguished by the title of fecondaries, and in whofe office a state of all the accounts concerning the king's revenue is entered (except fheriffs and bailiffs accounts) all fecurities for the faithful difcharge of offices are taken, and all proceedings thereupon made, as well as proceffes iffued to caufe all accomptants to bring in and fettle their accounts. And all proceedings in the exchequer, as a court of equity, are here lodged. 2. The Lord Treasurer's Remembrancer has fix attornies, or fworn clerks under him, two of whom are called fecondaries; and the bufinefs of this office is to make procefs against all theriffs, receivers, &c. for their accounts, and to tranfact other matters of moment. 3. The Clerk of the Pipe, into whofe office all accounts which pafs the remembrancer's office, are brought. He has eight attornies or fworn clerks under him, the two first whereof are called Secondaries. There likewife belongs to this court, 4. A Comptroller of the Pipe, whofe bufinefs is to fign the rolls, and to ifC 2

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fue out writs for the recovery of any debts due to the crown, which are called the Summons of the Pipe. Next to him is, 5. The Clerk of the Pleas, in whofe office all the officers of the exchequer, and other privileged perfons who are debtors to the king, &c. have right to plead or be impleaded, in all matters at common law; and this privilege is granted to thefe officers, that they may not be obliged to go out of their own court where their attendance is required. Beides the clerk, there are five Sworn, Attornies and a Foreign Oppofer..

There is likewife a clerk of the Eftreats, who receives the Eftreats, or extracts, every term out of the lord treafarer's remembrancer's office, and Writes them out to be levied for the king.

Two Auditors of the Imprefs, who audit the accounts of his majefty's monies impreft, mint, cuftoms, wardtobe, first fruits and tenths, naval and military expences, &c.

Four Auditors of the Revenue, hofe bufinefs it is to audit all accounts of the revenue and fubfidies granted by parliament.

Remembrancer of the First Fruits. There are feveral officers belonging to this office, and their bufinefs is to take tompofitions for the first fruits and tenths, and to proceed against those who are unwilling to pay.

Befides thefe there is a Chief-ufher, who is by inheritance proclamator of the court of common pleas, a clerk of the parcels, clerk of the nichels, harthal of the court, and many other fubordinate officers, which, for brevity fake, we are obliged to omit.

Of the Court of the Dutchy of Lancaster. The Afizes for the diferent Counties. The Power of Sherifs. The civil Government of Cities, and the Court of Admiralty.

THE court of the dutchy of Lancafter, which is kept at Weltminster by the lower exchequer, takes cognizance of all caufes that concern the revenue of this dutchy, which has been long fince annexed to the crown.

The chancellor of the dutchy is the chief judge of the court, and is affifted therein by the attorney of the court, and other officers.

That juftice may be regularly admi

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mistered in the country, the counties of England are divided into fix circuits, and two of the twelve judges are affigned to go each of thefe circuits twice a year, when, at the aflizes held for the refpective counties in fpring and autumn, they determine all causes both of a criminal and civil nature; all facts being tried by a jury, as they are in the courts of common law at Westminfter-hall.

For the fame reafon Wales is divided into two circuits, and two judges appointed annually to hear and determine caufes in each.

For putting the laws effectually in execution, an high-fheriff is annually appointed for every county (except Weftmoreland and Cumberland) by the king, whofe office is both minifterial and judicial. He is to execute the king's mandates, and all writs directed to him out of the king's courts of justice; to impannel juries; to bring caufes and malefactors to trial; to fee the fentonces both in civil and criminal affairs, executed. And at the affizes to attend on the judges, and guard them all the time they are in his county. 'Tis alfo part of his office to collect all publick fines, diftreffes, and amerciaments, into the exchequer, or where the king thall appoint, and to make fuch payments out of them as his majesty shall think proper.

As his office is judicial, he keeps a court, called the county court, which is held by the fheriff, or his under-fheriffs, to hear and determine all civil caufes

in the county under forty fhillings; this however is no court of record; but the court, formerly called the beriffs turn was one; and the king's leet,through all the county; for in this court, enquiry was made into all criminal offences against the common law, where by the itatute law there was no restraint. This court, however, has been long fince abolished.

Under the fheriff are various officers, as the under theriff, clerks, stewards of courts, bailiffs, (in London called ferjeants) conftables, gaolers, beadles, &c.

The next officer to the sheriff, is the juice of peace, feveral of whom are commiffioned for each county and to them is intrufted the power of putting great part of the ftatute law in execu tion in relation to the highways; the

poor,

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