per annum.

4to appeared at Zurich, addreffed by Mr. Winkelman to Mr. Mengs, but without his name, intitled, "Thoughts on Beauty and Taste in Painting," and was published by J. C. Fuefsli. When Cardinal Albani fucceeded to the place of Librarian of the Vatican, he endeavoured to get a place for the Hebrew language for Winkelman, who refufed a canonry, becaufe he would not take the tonfure. The elector of Saxony gave him, 1761, unfolicited, the place of counsellor Richter, the direction of the royal cabinet of medals and antiquities at Drefden. Upon the death of the Abbé Venuti, 1762, he was appointed prefident of the antiquities of the apoftolic chamber, with power over all difcoveries and exportations of antiquities and pictures. This is a poft of honour, with an income of 160 fcudi He had a profpect of the place of prefident of antiquities in the Vatican, going to be created at 16 fcudi per month, and was named correfponding member of the Academy of Infcriptions. He had thoughts of publishing an "Effay on the Deprava tion of Tafte in the Arts and Sciences." The King of Pruffia offered him by Col. Quintus Icilus the place of librarian and director of his cabinet of medals and antiquities, void by the death of M. Gautier de la Croze, with a handfome appointment. He made no fcruple of accepting the offer; but when it came to the pope's ears, he added an appointment out of his own purfe, and kept him at Rome. In April 1768, he left Rome, to go with M. Cavaceppi over Germany and Switzerland. When he came to Vienna, he was fo pleafed with the reception he met with, that he made a longer ftay there than he had intended. But, being fuddenly feized with a fecret uneafinefs, and extraordinary defire to return to Rome, he fet out for Italy, putting off his vifits to his friends in Germany to a future opportunity. As he paffed through Triefte, he was affaffinated June 8, 1768, by a wretch named Arcangeli, a native of Campiglia, a town in the territory of Pistoia, with whom he had made an acquaintance on the road. This mifcreant for a robbery had been condemned to work in fetters four years, and then to be banished the Auftrian territories, on an oath never to return. He had obtained a mitigation of one of his fentences, and retired to Venice; but, changing his quarters backwards and forwards, he was fo reduced in circumstances that he at length took up his lodgings at the inn to which the Abbé happened to come. Arcangeli paid fuch affiduous court to him, that he entirely gained his confidence; and, having been favoured with a fight of the valuable prefents which he had received at Vienna, formed a defign to murder and rob him. He bought a new fharp knife on purpofe; and as the Abbé (who had in the most friendly manner invited him to Rome) was fitting down in his chair, carly in the morning, he threw a rope over his head, and before he could difengage himself, ftabbed him in five different places. The Abbé had still strength to get down to the ground-floor, and call for help; and being laid on a bed in the midst of the most violent pain, he had compofure fufficient to receive the laft facraments, and to make his will, in which he appointed Cardinal Alexander Albani his refiduary legatee, and expired in the afternoon, The murderer was foon after apprehended; and executed on the wheel oppofite the inn, June 26. Some of Winkelman's MSS.

got

Sot to Vienna, where the new edition of his "History of Art” was prefently advertised. He intended to have got this work tranflated into French at Berlin, by M. Touffaint, that it might be printed under his own infpection at Rome. It was tranflated by M. Huber, fo well known in the Republic of letters, who has fince publifhed it in 3 vols. 4to with head and tail-pieces from the defigns of M. Oefer. An Italian tranflation of it by a literary fociety has been publifhed at Milan.

Abbe Winckelman was a middle fized man; he had a very low forehead, fharp nose, and little black hollow eyes, which gave him an afpect rather gloomy than otherwife. If he had any thing graceful in his phyfiognomy, it was his mouth, yet his lips were too pro minent; but when he was animated and in good humour, his features formed an ensemble that was pleafing. A fiery and impetuous difpofition often threw him into extremes. Naturally enthufiaftic, he often indulged an extravagant imagination; but, as he poffeffed a ftrong and folid judgment, he knew how to give things a juft and intrinfic value. In confequence of this turn of mind, as well as a neglected education, a cautious referve was a quality he little knew. If he was bold in his decifions as an author, he was still more so in his converfation, and has often made his friends tremble for his temerity. If ever man knew what friendfhip was, that man was Mr. Winkelman, who regularly practifed all its duties, and for this reafon he could boast of having friends among perfons of every rank and condition. People of his turn of thinking and acting seldom or ever indulged fufpicions: the Abbe's fault was a contrary extreme. The franknefs of his temper led him to speak his fentiments on all occafions; but, being too much addicted to that fpecies of ftudy which he fo affiduoufly cultivated, he was not always on his guard to reprefs the fallies of felf-love. His picture was drawn half length, fitting, by a German lady born at Koftnitz, but carried when young into Italy by her father, who is a painter. She etched it in a 4to fize, and another artist executed it in mezzotinto. This lady was Angelica Kauffman. The portrait is prefixed to the collection of his letters published at Amfterdam, 1781, 2 vols. 12mo. Among his correfpondents are Mr. Heyne, Munchaufen, Baron Reidefel (whofe travels into Sicily, tranflated into English by Dr. Forfter, 1773, 8vo. are addreffed to him, and infpired him with an ardent longing to go over that ground), Cound Bunau, C. Fuefli, Gefner, P. Ufteri, Van Mechlen, the Duke de Rochfoucault, Lord (alias Mr. Wortley) Montague, Mr. Wiell; and there are added extracts from letters to M. Cleriffeaux, while he was fearching after antiquities in the South of France; a lift of the principal objects in Rome, 1766, &c.; and an abstract of a letter of Fuefli to the German Tranflators of Webb on the "Beauties of Painting."

With refpect to the lives of feveral men of letters, who died in England and France, during the period in which the volumes before us were paffing through the prefs, the compilers have apologized with a proper modefty. Thefe Lives are neceffarily defective, and while fuch deficiencies ought to ENG. REV. VOL. V. JAN. 1785. D

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call their attention to future improvements of their undertaking, they ought to ftimulate the zeal of their correfpondents to add to their information by communications authenticated by proper vouchers and authorities. Meanwhile we can with propriety recommend the prefent work as containing a fruitful fund of entertainment and inftruction.

ART. XI. Obfervations on the Rights and Duty of Juries, in Trials for Libels; together with Remarks on the Origin and the Nature of the Law of Libels. By Jofeph Towers, LL. D. 8vo.

Debrett.

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HE high importance of the trial by a Jury, is not fo fully understood as it ought to be. By this fortunate inftitution the people are made their own protectors, and are guarded against the encroachments of tyranny. But though this purpofe is obviously its foundation, the venality of judges, their ambition, and their defire to pay court to the crown, have engaged them in frequent attempts to destroy the privileges of jurymen. As the political establishment of a jury was defigned to be a restraint upon the power of the prince, it follows, that the rights and duties of jurymen are neceffarily to be interpreted with a conftruction the most favourable to the people. No rule can be more certain or decided yet of late, it has become a fashionable doctrine with the admirers of defpotifm, that juries in trials for libels, have no title to enter into the merits of the paper or writing objected to; that they ought to confine their attention to the fact of publication; and that upon the evidence of publication, they are to find the defendant guilty; leaving the court to judge definitively of the innocence or criminality of the writing or paper under deliberation. This invention though courtly, is by no means ingenious; and cannot be defended by any arguments that are valid. It strikes at the root of the privileges of the jury; and puts it in the power of the judge to punifh as a libeller, every author who may exprefs fentiments that are difagreeable to the minifter, although they are founded in reafon, patriotism, and virtue.

Our author opposes this new and defpotical doctrine with great fuccefs. He contends that juries have a right to try the whole matter in iffue before them. This pofition is doubtlefs well founded. For in a profecution for a libel, it is the crime that properly falls under the cognizance of the jury: it is in fact not the mere act of publication, but the publication of what is falfe, fcandalous and feditious, that conftitutes their jurifdiction as a criminal court.

In

In the profecution of his fubject, our author fortifies his opinion by extracts from the writings of feveral eminent lawyers, who being untainted by court-influence, were the more able to examine into and to fcrutinize the rights of jurymen, with the greatest candour. Of their deep inquiries upon this fubject, the refult was decifive and invariable. They pronounce it as certain, that juries are the proper judges both of the law and the fact.

With the collections he has made from diftinguished writers, our author intermixes general reafonings of his own; and, it is our opinion, that his treatife deferves to be attended to at a juncture, when the judges are not very favourably difpofed to the rights and duties of jurymen. His idea of the importance of the trial by a jury, cannot be circulated too extensively.

The right of trial by jury is of infinite importance to the liberty of the fubject. It cannot be guarded with too much vigilance, nor defended with too much ardour. No part of the power of juries fhould be given up to the claims, or ufurpations, of any body of men whatever. The rights of jurymen fhould in all cafes be refolutely afferted, whether they be attacked by open violence, or whether the arts of legal chicane be adopted, in order to render them useless and nugatory. But if juries fhould ever be tame and fenfelefs enough to give up the right of determining the law, as well as the fact, in libel caufes, the liberty of the prefs is then wholly at the difcretion of the judges.

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Blackstone fays of the mode of trial by jury, that it was always fo highly efteemed and valued by the people, that no conqueft, no change of government, could ever prevail to abolifh it; and that in Magna Charta it is more than once infisted on as the principal bulwark of our liberties.' He alfo fays, that it is the most tranfcendant privilege which any fubject can enjoy, ' or wish for, that he cannot be affected either in his property his liberty, or his perfon, but by the unanimous confent of twelve of his neighbours and equals. But if juries are ignorant of their own rights, and timid in the exercise of those powers that the conftitution hae given them, the value of this great privilege is exceedingly diminished. There can, however, be no ground for timidity in juries, in the upright discharge of the duties of their office: for, fince the famous determination in Bufhel's cafe, juries are in no danger of being fined or imprisoned, or fuffering any other penalty in confequence of their verdicts, however contrary they may be to the direction of the court.

No parliament of this country has ever conferred upon the judges, a power of determining the matter of law in trials for libels, or the criminality or innocence of publications, independently of a jury. No evidence can be produced, that this is any part of the ancient common law of England. We may, 'therefore, venture to affirm, that it is not the law of the land; but is a mere aflumption of fome of the judges, calculated for the extenfion of

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heir own jurifdiction, to the prejudice of that of juries, to the prejudice of the fubject, and to the fubverfion of the freedom of the prefs.

It is manifeft, that if the Star-chamber doctrines concerning libels are fuffered to prevail, if juries are reftrained from entering into the merits of fuch publications as are termed libels, and if profecutions for them are frequent, there will be a total end to the freedom of the prefs in this country. Whether the people of England, after the blood and treasure that have been expended for the eftablishment of national liberty, will fuffer themselves to be deprived of it by the tricks, the arts, and the chicanery of law, is a point to be determined by themselves. If they furrender up the freedom of the prefs, and the rights of juries, either to open violence, or to legal fubtilty and craft, their other rights will inevitably follow. They will no longer hold their present rank among the nations of the world; and muft bid an eternal farewell to the honour, the dignity, and the felicity of public freedom."

The praife which we have already bestowed upon the treatife before us, is fufficiently ample. The abilities of Dr. Towers are not of the first rate his manner is rough and unrefined; and his diction is neither remarkable for energy nor elegance.

ART. XII, Letters to Dr. Horley, in Anfwer to his Animadverfions on the Hiftory of the Corruptions of Chriftianity. With Additional Evidence that the Primitive Church was Unitarian. By Jofeph Priestley, L.L.D. F.R.S. 8vo. 2s. 6d. Johnson, 1783.

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HERE is perhaps no evil in this fublunary ftate, that is not accompanied with its peculiar advantage. It was owing to circumftances, with which it is not neceffary to trouble the reader, and by no means to defign, that our account of this celebrated controverfy was deferred beyond the time, in which it is cuftomary to bring forward an abftract of new publications. The difpute is now, we believe, closed. We are placed upon an eminence, from which we may most advantageously discover the fuccefs and the mifcarriages of either party. Controverfy has this unpleasant circumstance attending it to the miscellaneous reader. He fees his author difplaying all the ceremonies of triumph, pluming himself upon the decifive victory be has atchieved; and he trembles to pronounce his verdict, uncertain whether, a few months hence, he fhall not fee this boafted victor stripped of his felf-imputed honours, and turned out, naked as a gladiator, once more into the arena. Our fituation enables us to remove this inconvenience, and to prefent to the public an impartial fummary of the whole debate; and this we intend to perform in an uninterrupted feries, in a review of - three larger publications, which now lie before us.

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