But, secondly, let us reverse the case, and suppose that the child is born of English parents, natives of that country and residing in it—that they shall afterwards pass over to Scotland, and marry during an occasional and transient abode there, or it may be during a journey undertaken solely for that purpose—and that a suit shall happen to arise in the Scotch courts, involving collaterally the point of legitimacy-What would be their decision in such a case? that is to say, Would they hold the marriage of the parents in Scotland to have legitimated the issue? And again, if it were to be so decided by the Scotch courts, and the same question should thereafter incidentally arise in the courts of England, would the Scotch decree be received as conclusive on that point? Or, we may suppose that the parents, natives of Scotland, and having their residence there, shall, during a transient abode or fortuitous visit in England, marry in the latter country-What would be the judgment of the Scotch courts on the question of legitimacy in such a case? Would they refuse effect to this marriage as legitimating a previous issue, on the ground that it was contracted where a different law prevails?-Or what would be the decision of the English courts on a like question coming collaterally before them? Would they hold the marriage to be a legitimation, on account of the law of Scotland, although that marriage, or the constitution of legitimacy, if it may be so called, took place in a country which recognizes no such effect? In the two cases last put, would the temporary domicil (as it is called) of the parents be held to impose the Scotch law in one case? or would it be held to defeat that law in the other? But let it be supposed, that the parents being English, and resident in England when their illegitimate offspring were born, shall afterwards have abandoned that country and removed to Scotland, with an evident and avowed purpose of remaining there -and after the lapse of years shall there marry—and a question then arise before the courts of the country-What would be the judgment of those courts? And, if they should sustain the marriage as effectual to legitimate, what would be the decision of the English courts, before whom that judgment might come to be incidentally pleaded? Or reverse the case now put, and suppose the parents, being Scotch, to have altogether left that country, and transferred their residence to England, and after many years to marry there-How would the courts of England decide in such a case? Or what would be the decision of the Scotch courts, if the same point should be afterwards indirectly questioned there? In the two cases last put, would it be held that the law of the original original country continued to regulate the state of parties, and that of their children, though contrary to the law which they had afterwards become subject to in other matters-so that, in the case first put, marriage would not legitimate in Scotland, and, in the case last put, it would legitimate in England? Whatever be the true answer to the above questions, and whatever might be the interpretation of the respective laws on those and other cases which may be figured, their importance surely is not a questionable matter.* England and Scotland must be held indeed as, in a strict sense, countries foreign to each other, in respect of their municipal law; and, though the natives of each country are by law citizens of the other, still as to their judicial rules and systems they continue to be strangers. But it is impossible to consider the question in this abstract manner their common interest, even more than their political union, forbids this cold consideration of it, and places them in a very different situation, with regard to this matter, from that of nations which though friendly are yet alien. Perhaps it is one of those emergencies which call for a direct interference and declaratory provision by the legislature; for the courts of justice may be altogether incompetent to reconcile these contradictions; they are merely interpreters; their hands are tied by the subsisting law. Fortunately, the code of neither country is contrary, even on this subject, to any fundamental principle of the other: the only difficulty, as it must be the sole object, is to reconcile their subsisting rules. Divorce is not a favourite of the Scotch policy; nor is the English altogether abhorrent from it. It is no doctrine of the Scotch code that marriage is a temporary compact, or that it depends for its duration in any respect on the contractors; that it is a yoke which can be taken off at the pleasure of either party, or of both. That code acknowledges, to the fullest extent, the peculiar nature of this sacred and primæval engagement; Sole propriety In Paradise, of all things common else :' it recognizes the union as irrevocable, as a contract between the two spouses for life, constituting between them a relation abso * Minor questions, arising from the difference of laws in the two countries, and depending for their solution on similar principles, have occurred in practice. A person declared infamous by the sentence of a court of law cannot be a witness in either kingdom. But by the law of England this disqualification is taken off by a pardon; whereas the law of Scotland, it is believed, has not fully established the admissibility of the witness in such circumstances. What effect would be given to these rules, severally, in the courts of each country, with respect to evidence adduced from the other? lute lute and exclusive. But the most important obligations and conditions of the conjugal state may be infringed by one of the parties; and the law, considering human infirmity, as well as the danger of contamination, has, in certain grievous cases of this description, interfered of its own authority, not indeed by at once annulling the marriage, but by allowing the other party, if innocent and desirous of using the privilege, to sue for an entire separation from the offender, and a dissolution of the state by which they were connected. Such is the Scotch law. Nor has the English refused a corresponding relief in such cases, for its canon has permitted a separation as matter of right; and its legislature confers, in certain circumstances, even divorce itself, as matter of indulgence. There is nothing, therefore, in the principle or spirit of either law, which prevents it from bending to the other, so far as may be necessary to effect a consistent and secure provision for private right, among all the subjects of the united realm. If, on considerations of general advantage, it be thought dangerous and inexpedient to sustain a decree of divorce in the case of an English marriage, as effectual for dissolution of that marriage in England, it may be requisite, by a statutory exception, to exclude the jurisdiction of the Scotch courts in such cases, and necessary to define, by the same authority, what shall constitute an English marriage to that effect.* If, on the other hand, expediency forbids such a limitation of the right of divorce as competent by law in Scotland, it should seem no less necessary to provide, that the decree of divorce, when pronounced there by the competent court, shall be received in England as a legal dissolution of any marriage.-But we feel as if now on the extreme verge of our own jurisdiction; and gladly withdraw. We are not reviewing a work which undertakes to point out remedial means, nor, in a matter of such difficulty, are we inclined ourselves to project them. Those who may consider it their duty will find ample subject for deliberation. To the author of the present work we conceive that the public are highly indebted, both for the information which he has communicated, and for the valuable light which he has thrown on this very interesting department of the law. *This last measure appears in a more peculiar manner requisite, if, as seems to follow from the opinion given by the English judges, no subsequent change of country and residence, however permanent and complete, can operate so as to render a decree of divorce available in England. NEW NEW PUBLICATIONS. ANTIQUITIES. VIEWS of the Remains of Ancient Buildings in Rome and its Vicinity, with a Descriptive and Historical Account of each Subject. By M. Dunbourg. 1 vol. atlas 4to. hf. bd. engraved on 26 plates, coloured to imitate drawings. 71. 7s. ARCHITECTURE, AND THE FINE ARTS. 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