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[No. 58. December 19, 1829.]

ADVERTISEMENTS,

Connected with Literature, Science, and the Arts.

This day is published, elegantly bound in rich Crimson Silk, 128. THE LITERARY SOUVENIR for 1830. Edited by ALARIC A. WATTS.

With Twelve highly-finished Line-Engravings, from Paintings by the First Masters.

In pcst 8vo, with Pfs. on India Paper, 21s., Pfs. on Imp. 4to, 30s. in a Portfolio. A very few Pfs. before Letters, £3, 3s. Printed for LONGMAN, REES, ORME, BROWN, & GREEN.

Of whom may be had,

The NEW YEAR'S GIFT, and JUVENILE SOUVENIR, for 1830. Edited by Mrs ALARIC WATTS. With numerous Line-Engravings. Elegantly half bound in Turkey Mo10eco, with gilt leaves, price 8s.

This day is published, 8vo, price 6d.
PHRENOLOGY IN EDINBURGH,

A SATIRE.

"But here, alas! the fatal difference lies,

Each man's belief is right-in his own eyes." COWPER. JOHN ANDERSON, jun. 55. North Bridge Street, Edinburgh; and SIMPKIN and MARSHALL, London.

A NEW JUVENILE ANNUAL

This day was published,

Price 6s. 6d., elegantly bound in Silk,

CHEAP BOOKS.

CHARLES MCKENZIE,

BOOKSELLER AND STATIONER, West Register STREET,

EDINBURGH,

BEGS to intimate, that he has now on Sale an extensive collection of the best Works, at greatly reduced Prices, among which are copies of the following:Supplement to the Encyclopædia Britannica, 6 vols. 4to. FINE PAPER COPY, scarce, neatly half bound, 21. for 61. 61. Edinburgh Review, from its commencement, 42 vols. boards, for 9l. 98.

Edinburgh Annual Register, from its commencement in 1808 to 1824, 21 vols. half-bound, 201. for 51.

Benger's Memoirs of Tobin, 12s. for 6s. Burns's Works, 5 vols. bds. 15s. Burns's Works, 3 vols. bds. plates, 21s. for 10s. Burns's Works, 3 vols. without plates, 21s. for 6s. Burns's Works, 1 vol. by Currie, 9s. for 78. Boswell's Life of Johnson, 4 vols. 8vo, 14. 16s. for 11. 2s. Boswell's Life of Johnson, 5 vols. royal 18mo, 17. 2s. for 45s. 6d. Blair's Sermons, complete in 1 vol. 125. for 7s. 6d. Belzoni's Researches and Operations in Egypt and Nubea, 2 vols, 11. 88. for 15s. 6d. Crawford's History of Renfrewshire, 4to, large paper, bds. 20s. Dwight's Theology, 5 vols. 8vo, bds. 24. 10s. for 12. 15s. 6d. Elme's Dictionary of the Fine Arts, 8vo, bds. 14. 4s. for 10s. Gib bon's Rome, 8 vols. 8vo, bds. 3. 43. for 24. Goldsmith's Animated Nature, with plates, 4 vols. 8vo, 21. 8s. for 14 11s. 6d. Goldsmith's Animated Nature, 3 vols. 8vo, with plates, 21. 2. for 14. 10s. Goldsmith's Miscellaneous Works, 4 vols. 17. 12s. for 14. 2. Hume's England, 8 vols. 8vo, bds. 24. 16s. for 14. 10s. Hume and Smollett's England, 13 vols. bds. 151. 5s. for 21. 12s. 6d. Josephus's Works, 4 vols. 8vo, bds. 21. 23. for 158. Imison's Elements of Science and Arts, 2 vols. 8vo, 17. 5s. for 15s. Illustrations of Marmion, 12s. for 3s. 6d. John son's (Dr S.) Dictionary of the English Language, (the 2 vols. folio,

THE ZOOLOGICAL KEEPSAKE; or ZOO- complete in 1 vol. imperial 8vo,) with fine portrait, bds. 24. 25. for

LOGY, and the GARDEN and MUSEUM of the ZOOLOGICAL SOCIETY for 1830.

Embellished with upwards of Forty Engravings, from Drawings by Cruikshank, Landseer, Baynes, &c. &e.

London: Printed for WILLIAM MARSH and ALFRED MILLER; and CONSTABLE & Co. Waterloo Place, Edinburgh.

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Ditto, Plain

L.5 5 0

without Writing with Writing

140

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330

220

Small paper Prints will not be sold separate from the Book, London: Published by R. JENNINGS, 62, Cheapside; and sold by CONSTABLE and Co. Edinburgh; and all Booksellers.

The Trade in Scotland supplied by CONSTABLE and Co. FOR THE PREVENTION OR REMOVAL OF HOARSENESS, SORE THROAT, &c. BUTLER'S ACIDULATED LOZENGES OF

CAYENNE are particularly recommended for Sore Throat, Enlargement of the Tonsils, Relaxation of the Uvula and Membranes of the Throat, and consequent Hoarseness, so prevalent at this season of the year.

They have been found of great utility by persons who are in the habit of speaking in public; and the highest testimony in the musical world has been advanced in their favour, especially when, from continued exertion of the voice, or the influence of a humid atmosphere, the membranes have become relaxed, and diminished in their tone.

These Lozenges are also recommended as a refreshing stimulus during field sports, or any unusual exertion.

Prepared by Messrs BUTLER, Chemists to his Majesty, 54, Lower Sackville Street, Dublin, and 75, Prince's Street, Edinburgh, and (authenticated by their name and address in the labels which are affixed on the tops of the Boxes) may be obtained of the principal Druggists in the country; of whom also may be had, their ANTACID LOZENGES of QUININE, for relieving Heartburn, Flatulence, Indigestion, and giving tone to the Stomach. 2s. and 4s. 6d. per Box.

11. 15s. Labaume's Russian Campaign, 8vo, bds. scarce, 10s. 6d. Literary Gems, in two parts, 10s. 6d. for 7s. Mackenzie's (Sir Geo.) Illustrations of Phrenology, 8vo, bds. 15s. for 5s. Morgan's (Lady) France, 2 vols. 8vo, bds. 24s. for 12s. Morgan's (Lady) Italy, 3 vols. 8vo, bds. 21. 2s. for 18s. Memoirs of Montrose, 1 vol. 8vo, 12s. for 8. Murray's Discoveries in Africa, 2 vols. 8vo, bds. 10s. 6d. Memoirs of Captain Rock, foolscap, bds. 9s. for 5s. Memoirs of the Rev. J. Blackader, 8s. for 4s. 6d. Oxberry's Dramatic Biography, and Histrionic Anecdotes, with numerous portraits, 6 vols. 18mo, bds. 11. 7s. for 15s. 6d.

Robertson's Works, 6 vols. 8vo, boards, 21. 14s. for 1l. 17s. 6d. Robertson's Works, 12 vols. 18mo, bds. 24. 8s. for 14. 11s. 6d. Rome in the Nineteenth Century, 3 vols. bds. 14. 11s. 6d. for 20s. Scoresby's Journal of a Voyage to Greenland, 16s. for 6s. Scott's Mechanic's Magazine, 8vo, bds. 15s. for 6s. Shakspeare, complete, in 1 vol. 12mo, beautiful edition, bds. 15s. for 10s. 6d. Toland's History of the Druids, 9s. Newgate Calendar, 4 vols. 21. 2s. for 11. 2s. 6d. The British Plutarch, edited by Wrangham, 6 vols. 8vo, bds. 31. 12s. for 14. 12s.

The Abbe Millott's General History, with Continuation to 1815, 6 vols. 8vo, bds. 31. 38. for 14. 16s.

The Novels and Tales, and Historical Romances, of the Author of Waverley, 18 vols. 8vo, 102. 16s. for 5l.

&c. &c. &c. &c.

Orders from the Country punctually attended to.

DON TRUEBA'S LIFE OF CORTES.

On Wednesday next will be Published, Price 3s. 6d. extra cloth boards, or 5s. fine paper,,

THE LIFE OF
HERNAN CORTES,

Including a Complete History of the Conquest of Mexico, and s
Faithful Account of the State of that Empire at the time,
By DON TELESFORO DE TRUEBA Y COSIO,
Author of "Gomez Arias," "The Castilian," &c.
FORMING THE XLIX. VOLUME OF CONSTABLE'S
MISCELLANY.

Edinburgh: Printed for CONSTABLE and Co., and Hurst,Chance, and Co., London.

Who have in the Press the following original works, written for Constable's Miscellany.

A HISTORY of CHIVALRY and the CRUSADES. By the Rev. HENRY STEBBING, M.A. 2 vols.

THE LIFE OF FRANCIS PIZARRO, and an ACCOUNT of the CONQUEST of PERU, &c. By the Author of the "Life of Cortes." 1 vol.

A TOUR IN SICILY, &c. By J. S. MEMES, Esq. LL.D., Author of the "History of Sculpture, Painting, and Architecture," &c. 1 vol.

HISTORY of FRANCE, from the earliest authentic era till the present time. By WILLIAM Fraser, Esq. 3 vols.

The ACHIEVEMENTS of the KNIGHTS of MALTA, from the institution of the Hospitallers of St John in 1099, till the Political Extinction of the Order, by Napoleon, in 1800. By ALEX. SUTHERLAND, Esq. 2 vols.

LIFE and REIGN of MAHMOUD II., present Grand Sultan of Turkey, including the Geographical, Moral, and Political History of that Empire. By EDWARD UPHAM, Esq., Au thor of the "History of the Ottoman Empire," &c. 1 vol.

The POEMS and LETTERS of ROBERT BURNS, Chronologically arranged, with a Preliminary Essay and Notes, and sundry Additions. By J. G. LOCKHART, LL.B. 2 vols.

a white pony looks over their shoulders, with a gravity never equal. led, save by the Dapple of Cervantes, and casting a gleam of light on all around, like "heavenly Una with her milk-white lamb." For the freshness of tone in the landscape, and the glee of the sportsmen, -for masterly arrangement of every thing down to its smallest details, (gillies, pointers, game, and eatables,) we look upon this as the artist's masterpiece. That glass of porter haunts us like the memory of a first love!

LEGAL PROCEEDINGS RELATIVE TO MR THOM'S STATUES.-We alluded in a former Number to these proceedings. The papers lodged by the parties, and the interlocutor of the Court, are now before us, and from them we have abstracted the following account of the relative situation and averments of the litigants. Some time in the year 1828, Mr Thom received an order from the Earl of Cassilis to complete for him a group, consisting of Tam O'Shanter, Souter Johnnie, the Landlord and Landlady. About the same time, Sir Charles Lamb gave him an order for copies of Tam and the Souter. In December 1828, Mr Thom entered into an agreement with Mr Dick at Tanfield, near Edinburgh, to complete for him a group consisting of the same figures as that intended for the Earl Mr Thom promised that these figures should be the first of that description he should finish after those for the Earl and Sir Charles, but declined becoming bound to finish them by a certain day, as circumstances which he could not foresee might occur to retard his labours. Mr Thom did not first complete the four figures bespoke by the Earl of Cassilis, and then apply himself to those intended for Mr Dick, but, according as fitting stones could be procured from the quarry, he worked at one or the other figure for both groups. In this way, he had made, in October 1829, two Tam O'Shanters, two Souters, and one Landlord, with which he was satisfied; one Landlady, which was likewise to his mind, and one which was not. On the 13th of June, he had, at the urgent entreaties of Mr Dick, delivered to him a Tam and a Souter; and, on the 14th of October, he shipped to the address of the Earl of Cassilis, a complete set of four figures. Mr Dick, on the plea that the Landlady, included in this shipment, was the second made, applied for an interdict against her delivery. The pursuer argued-That Mr Thom had agreed to deliver to him the first figures he should finish after those meant for the Earl of Cassilis and Sir Chas. Lamb; that Mr Thom had completed two figures of the Landlady; and that, consequently, the first belonged to the Earl, and the second to the pursuer. It was argued on behalf of Mr Thom-That he had never become specifically bound to furnish the pursuer with the second figure of the Landlady he should finish; that having failed in his first attempt, he had never quite finished it, but set about making one more to his taste;-that he was entitled to do this, both on account of the obligation under which he lay to furnish his employer with a good piece of workmanship, and of a regard to his reputation, which might suffer by allowing an imperfect production to go forth to the world;-and, that he was still ready to implement his bargain. It was further urged for Mr Thom, that he had been induced to enter into the bargain with Mr Dick, by the latter's represent.ing himself to be employed by a gentleman of fortune; whereas it now proved, that he was one of several partners who wished to get the statues for the purpose of exhibiting them in opposition to the exhibition in which the artist has an interest; and that the two figures delivered, had already been exhibited in Liverpool. It was argued for the Earl of Cassilis, (who was brought into court,)-That he was not obliged to take a first abortive attempt, but was entitled to the first successful one-That the terms of the pursuer's agreement excluded him from receiving any figures until the defender's prior orders had been executed.-Lord Moncreiff refused the complainer's bill of suspension and interdict, on the ground that the statue in question had been delivered to the Earl of Cassilis before the bill was presented. In a note subjoined to his interlocutor, his Lordship declined entering into the merits, as unnecessary in the circumstances of the case.--The case was carried before the Inner House by a reclaiming note on the part of the pursuer, but the Ordinary's interlocutor was

adhered to.

Theatrical Gossip.-The great event of the week in the theatrical world of London is, Miss Kemble's appearance in her second character-Belvidera. Critics differ a little in regard to its excellence,some are ultra enthusiastic, and others are colder. They who are disposed to be very profound and philosophical, intimate their belief that the truth lies between the two extremes. One of the Correspondents of the Court Journal waxes poetical upon the subject, and as there is something spirited in the following verse, we insert it He is addressing Miss Kemble:

"O! young inheritor of ancient power!
Thou new-born honour of this laurell'd clime!
Whose miracles have pass'd the deeds of old→→→

Where mind is rising, like the fabulous tower,

Even to Heaven !-'Tis glory to behold

Thy golden harvest waving ere thy prime:

To thy meridian move, orb of the mind sublime!"

been drawing very crowded houses.-The Adelphi Elephant continues to prosper. The sensible animal is said to enjoy the gaping wonder of that many-headed monster-the town.-Elliston, it is said, has cleared L.6000 by the performances of "Black-eyed Susan." -We regret to understand that Pasta is not engaged for the King's Theatre this season-De Begnis, with his Italian company, is at Manchester. We hear that he has changed his mind as to coming here.-Braham is still in Ireland.-Weare informed that Miss Smithson is about to return to Paris, having received an engagement for four-and-twenty nights at one of the French theatres. She is to play pantomime, or parts in which she will have occasion to speak only a few words. She commences, we believe, with Jeanie Deans.-Messrs

Seymour and Alexander are quarrelling about the patent of the Glasgow Theatre.-Vandenhoff met with an accident at Liverpool on the night of his benefit, to which, however, no very serious consequences are attached. We believe he will be in Edinburgh soon. WEEKLY LIST OF PERFORMANCES.

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On Saturday next, we shall publish a double Number, or rather, a Number twice our usual size. It will be the last Number of our se cond volume, our last Number for the year 1829, and also our CHRISTMAS NUMBER. It would be easy for us to mention a long list of persons of celebrity, contributions from whose pens, both in prose and verse, will grace our Christmas Number; but, in order that the contents may lose none of their freshness and novelty, we abstain. Our object, however, is, to present our readers and the public with a little literary banquet, which will make their firesides more cheerful, and enable them to part pleasantly with the departing year. Our labours among them have not gone unrequited, and now that we are in the heyday of our prosperity, we are anxious to prove that our literary friends are as staunch to us, as they were when our bark was first launched, and that we ourselves are determined never to fall asleep upon our oars.

We also expect to be able to mention, in next Number, the improvements and increased resources with which we shall commence the New Year.

A Title-Page and Index for Volume II. of the EDINBURGH LITE. RARY JOURNAL, will accompany the CHRISTMAS NUMBER.

TO OUR CORRESPONDENTS.

SEVERAL new works have reached us too late for notice this week.

"Astolpho" shall receive an answer next Saturday.—“Proteus" among our next varieties." Orion, the Younger," shall have a place. For the interesting communication from Kirkcudbright we feel obliged :-we shall make use of it speedily.-From our obliging London Correspondent, « J. T." we shall be glad to hear at his best convenience.-"A Looker-on" will perceive that we have adverted to the subject on which he was good enough to write to us." The Escape," by "J. S.," and " Agony,” by " V. V." of Glasgow, will

not suit us.

"Umphraville" in our next.-"A Day's Fishing" is clever, and we may perhaps brush it up, and insert it one of these days." A Lover's Hour" shall have a place." The Bar-maid" may perhaps appear.-The following poems will hardly suit us:-"Lines to a Sea-Bird," "The Wife Metamorphosed,"-" Song," by J. C. T., "Lines," by E. V.,-" A Ballad" from Glasgow,➡and "On Joy,"

ERRATA IN OUR LAST NUMBER. In the Review of the Musica1 Annuals in our last, we made the odd mistake of speaking of Cheru bini as the author of "Crudel Perche," when we meant to write "Perfida Clori," his beautiful canon for three voices.-In Dr Gillespie's "Letter concerning Burns," for "Wallenhall," read Wallace

-Miss Foote has been performing at Covent Garden, but has not Hall, and for " iron chair," read arm chair.

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CHEAP BOOKS.

CHARLES M KENZIE,

BOOKSELLER AND STATIONER, WEST REGISTER STREET,
EDINBURGH,

BEGS to intimate, that he has now on Sale an

extensive collection of the best Works, at greatly reduced Prices, among which are copies of the following:

Supplement to the Encyclopædia Britannica, 6 vols. 4to. FINE PAPER COPY, scarce, neatly half bound, 21. for 61. 61.

Edinburgh Review, from its commencement, 42 vols. boards, for

94. 98.

Edinburgh Annual Register, from its commencement in 1808 to 1824, 21 vols. half-bound, 201. for 51.

Benger's Memoirs of Tobin, 12s. for 6s. Burns's Works, 5 vols. bds. 15s. Burns's Works, 3 vols, bds. plates, 21s. for 10s. Burns's Works, 3 vols. without plates, 21s. for 6s. Burns's Works, 1 vol. by Currie, 9s. for 7s. Boswell's Life of Johnson, 4 vols. 8vo, 14. 16s. for 11 28. Boswell's Life of Johnson, 5 vols. royal 18mo, 14. 2s. for 45s. 6d. Blair's Sermons, complete in 1 vol. 12s. for 7s. 6d. Belzoni's Researches and Operations in Egypt and Nubea, 2 vols, 11. 8s. for 15s. 6d. Crawford's History of Renfrewshire, 4to, large paper, bds. 20s. Dwight's Theology, 5 vols. 8vo, bds. 24. 10s. for 12 13s. 6d. Elme's Dictionary of the Fine Arts, 8vo, bds. 14. 4s. for 10s. Gib bon's Rome, 8 vols. 8vo, bds. 32. 43. for 21. Goldsmith's Animated Nature, with plates, 4 vols. 8vo, 21. 8s. for 14. 11s. 6d. Goldsmith's Animated Nature, 3 vols. 8vo, with plates, 21, 28. for 14 10s. Goldsmith's Miscellaneous Works, 4 vols. 11. 12s. for 14 2s. Hume's England, 8 vols. 8vo, bds. 24. 16s. for 14. 10s. Hume and Smollett's England, 13 vols. bds. 151. 5s. for 2l. 12s. 6d. Josephus's Works, 4 vols. 8vo, bds. 21. 2s. for 13s. Imison's Elements of Science and Arts, 2 vols. 8vo, 11, 5s. for 15s. Illustrations of Marmion, 12s, for 3s. 6d. Johnson's (Dr S.) Dictionary of the English Language, (the 2 vols. folio,

THE ZOOLOGICAL KEEPSAKE; or ZOO- complete in 1 vol. imperial 8vo,) with fine portrait, bds. 21. 23. for

LOGY, and the GARDEN and MUSEUM of the ZOOLOGICAL SOCIETY for 1830.

Embellished with upwards of Forty Engravings, from Drawings by Cruikshank, Landseer, Baynes, &c. &e.

London: Printed for WILLIAM MARSH and ALFRED MILLER; and CONSTABLE & Co. Waterloo Place, Edinburgh.

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2. Lausanne.

3. Castle of Chillon, &c.

1. Bridge of St Maurice.

5. Lavey, near do. (Swiss Cot

tage.)

6. Martigny.

7. Sion.

8. Visp, or Viege.

9. Domo D'Ossola.

10. Castle of Angelo, from Arona.

11. Milan Cathedral, &c. 12. Lake of Como.

13. Como.

14. View of Verona.

15. View of Vicenza.

16. Padua.

17. Petrarch's House at Arqua. 18. The Rialto at Venice.

19. Ducal Palace, do.

20. The Two Foscari, do.

21. The Bridge of Sighs, do.

22. Old Ducal Palace at Ferrara.
23. Bologna.

24. Ponti Sesto, Rome.
25. Fish Market, do.

Vignette-Constantine's Arch, Rome.

*** A limited number of Proof Impressions of the Plates are printed, to illustrate the various Works on Italy, &c., and for the Collectors of fine Engravings.

Proofs, on India Paper, with Etchings

Ditto, Plain

without Writing with Writing

L.5 5 0 140 33 0 2 20

Small paper Prints will not be sold separate from the Book. London: Published by R. JENNINGS, 62, Cheapside; and sold by CONSTABLE and Co. Edinburgh; and all Booksellers.

The Trade in Scotland supplied by CONSTABLE and Co. FOR THE PREVENTION OR REMOVAL OF HOARSENESS, SORE THROAT, &c.

BUTLER'S ACIDULATED LOZENGES OF

CAYENNE are particularly recommended for Sore Throat, Enlargement of the Tonsils, Relaxation of the Uvula and Membranes of the Throat, and consequent Hoarseness, so prevalent at this season of the year.

They have been found of great utility by persons who are in the habit of speaking in public; and the highest testimony in the musi cal world has been advanced in their favour, especially when, from continued exertion of the voice, or the influence of a humid atmosphere, the membranes have become relaxed, and diminished in their tone.

These Lozenges are also recommended as a refreshing stimulus during field sports, or any unusual exertion.

Prepared by Messrs BUTLER, Chemists to his Majesty, 54, Lower Sackville Street, Dublin, and 75, Prince's Street, Edinburgh, and (authenticated by their name and address in the labels which are affixed on the tops of the Boxes) may be obtained of the principal Druggists in the country; of whom also may be had, their ANTACID LOZENGES of QUININE, for relieving Heartburn, Flatulence, Indigestion, and giving tone to the Stomach. 2s. and 4s. 6d. per Box.

1. 158. Labaume's Russian Campaign, 8vo, bds. searce, 10s. 6d. Literary Gems, in two parts, 10s. 6d. for 7s. Mackenzie's (Sir Geo.) Illustrations of Phrenology, 8vo, bds. 15s. for 5s. Morgan's (Lady) France, 2 vols. 8vo, bds. 24s. for 12s. Morgan's (Lady) Italy, 3 vols. 8vo, bds. 21. 2s. for 18s. Memoirs of Montrose, 1 vol. 8vo, 12s. for 8s. Murray's Discoveries in Africa, 2 vols. 8vo, bds. 10s. 6d. Memoirs of Captain Rock, foolscap, bds. 98. for 5s. Memoirs of the Rev. J. Blackader, 8s. for 4s. 6d. Oxberry's Dramatic Biography, and Histrionic Anecdotes, with numerous portraits, 6 vols. 18mo, bds. 11. 78. for 15s. 6d.

Robertson's Works, 6 vols. 8vo, boards, 24. 14s. for 1. 17s. 6d. Robertson's Works, 12 vols, 18mo, bds. 24. 83. for 14. 11s. 6d. Rome in the Nineteenth Century, 3 vols. bds. 14. 11s. 6d. for 20s. Scoresby's Journal of a Voyage to Greenland, 16s. for 6s. Scott's Mechanic's Magazine, 8vo, bds. 15s, for 6s. Shakspeare, complete, in 1 vol. 12mo, beautiful edition, bds. 15s. for 10s. 6d. Toland's History of the Druids, 9s. Newgate Calendar, 4 vols. 21. 2s. for 11. 2s. 6d. The British Plutarch, edited by Wrangham, 6 vols. 8vo, bds. 31. 12s. for 14. 12s.

The Abbe Millott's General History, with Continuation to 1815, 6 vols. 8vo, bds. 31. 3s. for 14. 16s.

The Novels and Tales, and Historical Romances, of the Author of Waverley, 18 vols. 8vo, 10l. 16s. for 5l.

&c. &c. &c. &c.

Orders from the Country punctually attended to.

DON TRUEBA'S LIFE OF CORTES.

On Wednesday next will be Published, Price 3s. 6d. extra cloth boards, or 5s. fine paper,

THE LIFE OF

HERNAN CORTES,

Including a Complete History of the Conquest of Mexico, and s
Faithful Account of the State of that Empire at the time,
By DON TELESFORO DE TRUEBA Y COSIO,
Author of " Gomez Arias," "The Castilian," &c.
FORMING THE XLIX. VOLUME OF CONSTABLE'S
MISCELLANY.

Edinburgh: Printed for CONSTABLE and Co., and HURST, CHANCE, and Co., London.

Who have in the Press the following original works, written for Constable's Miscellany.

A HISTORY of CHIVALRY and the CRUSADES. By the Rev. HENRY STEBBING, M.A. 2 vols.

THE LIFE OF FRANCIS PIZARRO, and an ACCOUNT of the CONQUEST of PERU, &c. By the Author of the "Life of Cortes." 1 vol.

A TOUR IN SICILY, &c. By J. S. MEMES, Esq. LL.D., Author of the "History of Sculpture, Painting, and Architecture," &c. 1 vol.

HISTORY of FRANCE, from the earliest authentic era till the present time. By WILLIAM FRASER, Esq. 3 vols.

The ACHIEVEMENTS of the KNIGHTS of MALTA, from the institution of the Hospitallers of St John in 1099, till the Political Extinction of the Order, by Napoleon, in 1800. By ALEX. SUTHERLAND, Esq. 2 vols.

LIFE and REIGN of MAHMOUD II., present Grand Sultan of Turkey, including the Geographical, Moral, and Political History of that Empire. By EDWARD UPHAM, Esq., Author of the "History of the Ottoman Empire," &c. 1 vol.

The POEMS and LETTERS of ROBERT BURNS, Chronologically arranged, with a Preliminary Essay and Notes, and sundry Additions. By J. G. LOCKHART, LL.B. 2 vols.

a white pony looks over their shoulders, with a gravity never equal. led, save by the Dapple of Cervantes, and casting a gleam of light on all around, like "heavenly Una with her milk-white lamb." For the freshness of tone in the landscape, and the glee of the sportsmen, --for masterly arrangement of every thing down to its smallest details, (gillies, pointers, game, and eatables,) we look upon this as the artist's masterpiece. That glass of porter haunts us like the memory of a first love!

LEGAL PROCEEDINGS RELATIVE TO MR THOM'S STATUES.-We alluded in a former Number to these proceedings. The papers lodged by the parties, and the interlocutor of the Court, are now before us, and from them we have abstracted the following account of the relative situation and averments of the litigants. Some time in the year 1828, Mr Thom received an order from the Earl of Cassilis to complete for him a group, consisting of Tam O'Shanter, Souter Johnnie, the Landlord and Landlady. About the same time, Sir Charles Lamb gave him an order for copies of Tam and the Souter. In December 1828, Mr Thom entered into an agreement with Mr Dick at Tanfield, near Edinburgh, to complete for him a group consisting of the same figures as that intended for the Earl. Mr Thom promised that these figures should be the first of that description he should finish after those for the Earl and Sir Charles, but declined becoming bound to finish them by a certain day, as circumstances which he could not foresee might occur to retard his labours. Mr Thom did not first complete the four figures bespoke by the Earl of Cassilis, and then apply himself to those intended for Mr Dick, but, according as fitting stones could be procured from the quarry, he worked at one or the other figure for both groups. In this way, he had made, in October 1829, two Tam O'Shanters, two Souters, and one Landlord, with which he was satisfied; one Landlady, which was likewise to his mind, and one which was not. On the 13th of June, he had, at the urgent entreaties of Mr Dick, delivered to him a Tam and a Souter; and, on the 14th of October, he shipped to the address of the Earl of Cassilis, a complete set of four figures. Mr Dick, on the plea that the Landlady, included in this shipment, was the second made, applied for an interdict against her delivery. The pursuer argued-That Mr Thom had agreed to deliver to him the first figures he should finish after those meant for the Earl of Cassilis and Sir Chas. Lamb; that Mr Thom had completed two figures of the Landlady; and that, consequently, the first belonged to the Earl, and the second to the pursuer. It was argued on behalf of Mr Thom-That he had never become specifically bound to furnish the pursuer with the second figure of the Landlady he should finish; that having failed in his first attempt, he had never quite finished it, but set about making one more to his taste;-that he was entitled to do this, both on account of the obligation under which he lay to furnish his employer with a good piece of workmanship, and of a regard to his reputation, which might suffer by allowing an imperfect production to go forth to the world; and, that he was still ready to implement his bargain. It was further urged for Mr Thom, that he had been induced to enter into the bargain with Mr Dick, by the latter's represent.ing himself to be employed by a gentleman of fortune; whereas it now proved, that he was one of several partners who wished to get the statues for the purpose of exhibiting them in opposition to the exhibition in which the artist has an interest; and that the two figures delivered, had already been exhibited in Liverpool. It was argued for the Earl of Cassilis, (who was brought into court,)-That he was not obliged to take a first abortive attempt, but was entitled to the first successful one-That the terms of the pursuer's agreement excluded him from receiving any figures until the defender's prior orders had been executed. Lord Moncreiff refused the complainer's bill of suspension and interdict, on the ground that the statue in question had been delivered to the Earl of Cassilis before the bill was presented. In a note subjoined to his interlocutor, his Lordship declined entering into the merits, as unnecessary in the circumstances of the case.The case was carried before the Inner House by a reclaiming note on the part of the pursuer, but the Ordinary's interlocutor was

adhered to.

Theatrical Gossip.—The great event of the week in the theatrical world of London is, Miss Kemble's appearance in her second character-Belvidera. Critics differ a little in regard to its excellence,some are ultra enthusiastic, and others are colder. They who are disposed to be very profound and philosophical, intimate their belief that the truth lies between the two extremes. One of the Correspondents of the Court Journal waxes poetical upon the subject, and as there is something spirited in the following verse, we insert it He is addressing Miss Kemble:

"O! young inheritor of ancient power!

Thou new-born honour of this laurell'd clime!
Whose miracles have pass'd the deeds of old-
Where mind is rising, like the fabulous tower,

Even to Heaven !-'Tis glory to behold

Thy golden harvest waving ere thy prime:

been drawing very crowded houses.-The Adelphi Elephant continues to prosper. The sensible animal is said to enjoy the gaping wonder of that many-headed monster-the town,-Elliston, it is said, has cleared L.6000 by the performances of Black-eyed Susan." -We regret to understand that Pasta is not engaged for the King's Theatre this season-De Begnis, with his Italian company, is at Manchester. We hear that he has changed his mind as to coming here.-Braham is still in Ireland.--Weare informed that Miss Smithson is about to return to Paris, having received an engagement for four-and-twenty nights at one of the French theatres. She is to play pantomime, or parts in which she will have occasion, to speak only a few words. She commences, we believe, with Jeanie Deans.-Messrs Seymour and Alexander are quarrelling about the patent of the Glasgow Theatre.-Vandenhoff met with an accident at Liverpool on the night of his benefit, to which, however, no very serious consequences are attached. We believe he will be in Edinburgh soon,

SAT.

MON.

TUES.

W RD.

THURS.

FRI.

WEEKLY LIST OF PERFORMANCES.

Dec. 12-18.

The Stranger, No! & The Wedding Day.

The Jealous Wife, &Rob Roy.

Jane Shore, The Rendezvous, & The Falls of Clyde. (Theatre closed.)

The House of Aspen, & Rosina.

The House of Aspen, & William Thompson.

TO OUR READERS.

On Saturday next, we shall publish a double Number, or rather, a Number twice our usual size. It will be the last Number of our second volume, our last Number for the year 1829, and also our CHRISTMAS NUMBER. It would be easy for us to mention a long list of persons of celebrity, contributions from whose pens, both in prose and verse, will grace our Christmas Number; but, in order that the contents may lose none of their freshness and novelty, we abstain. Our object, however, is, to present our readers and the public with a little literary banquet, which will make their firesides more cheerful, and enable them to part pleasantly with the departing year. Our labours among them have not gone unrequited, and now that we are in the heyday of our prosperity, we are anxious to prove that our literary friends are as staunch to us, as they were when our bark was first launched, and that we ourselves are determined never to fall asleep upon our oars.

We also expect to be able to mention, in next Number, the improvements and increased resources with which we shall commence the New Year.

A Title-Page and Index for Volume II. of the EDINBURGH LITE. RARY JOURNAL, will accompany the CHRISTMAS NUMBER.

TO OUR CORRESPONDENTS,

SEVERAL new works have reached us too late for notice this week.

"Astolpho" shall receive an answer next Saturday.--“ Proteus” among our next varieties." Orion, the Younger," shall have a place. For the interesting communication from Kirkcudbright we feel obliged :-we shall make use of it speedily. From our obliging London Correspondent, « J. T." we shall be glad to hear at his best convenience." A Looker-on", will perceive that we have adverted to the subject on which he was good enough to write to us." The Escape," by "J. S.," and "Agony," by " V. V." of Glasgow, will

not suit us.

"Umphraville" in our next.-"A Day's Fishing" is clever, and we may perhaps brush it up, and insert it one of these days.-"A Lover's Hour" shall have a place." The Bar-maid" may perhaps appear.-The following poems will hardly suit us:-"Lines to a Sea-Bird," "The Wife Metamorphosed,"-" Song," by J. C. T., "Lines," by E. V.,-" A Ballad" from Glasgow,-and "On Joy."

ERRATA IN OUR LAST NUMBER. In the Review of the Musica Annuals in our last, we made the odd mistake of speaking of Cheru bini as the author of "Crudel Perche," when we meant to write "Perfida Clori," his beautiful canon for three voices.-In Dr Gillespie's "Letter concerning Burns," for "Wallenhall," read Wallace -Miss Foote has been performing at Covent Garden, but has not Hall, and for "iron chair," read arm chair.

To thy meridian move, orb of the mind sublime !"

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[No. 58. December 19, 1829.1

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