Abbildungen der Seite

England and the conftitution and forms of « without enquiring whence it came. But the government of other countries. Such this complaint is open to observation. are the universal conversion of allodial lands There is no doubt but our laws respecting into faers; the total abolition of sub-infeu- landed properly are susceptible of great ildation; the freedom of alienation of estates lustration from a recurrence to the general in fee-fimple ; and the liinited and depen. history and principles of the feudal law. dant situation of our nobility when contrasted This is evident from the writings of Lord with the situation of the high nobility of fo- Chief Baron Gilbert, particularly his treatise reign countries; all these are peculiar in a great of Tenures, in which he has very successmeasure to our laws. It follows, that our fully explained, by feudal principles, several writers must bc fient on many of the to- of the leading poipts of the doctrines laid pics which fill the immense volumes of ro- down in the works of Littleton and Sir Edreign feudists: and they, from the same ward Coke, and thewn the real grounds of circumstance, must be equally silent on several of their distinctions, which other. many of the subjects which are discussed by wise appear to be merely arbitrary. By this our writers. That this is so, will

appear to

he has reduced them to a degree of system, every person conversant with the ancient of which till then they did not appear surwriters on our laws, who will give a cur- ceptible. His treatise, therefore, cannot be sory look at the writers on the feudal laws too much recommended to every person who of other countries. Nothing in this respect wishes to make himself a complete master of can be more different than those parts of the the extensive and various learning contained writings of Bracton, Britton, Fleta, Little- in the works of those writers. The same ton, Sir Edward Coke, and Sir William may be laid of the writings of Sir William Blackstone, which treat of landed property, Blackstone. Much useful information may and the books of the fiels, Cujas's Commen- be derived also from other writers on these tary upon them, the various trealises on subjects. feudal matters collected in the joth and with But the reader, whosc aim is to qualify volumes of the “ Traétatus Tractatuum, Du himself for the practice of his profeffion, « Moulins's Commentarii in priores tres cannot be advised to extend his researches “ Titulos Consuetudinis Parisiensis,' or the upon those subjects very far. The points of more modern treatises of Monsieur Germain feudal learning, which serve to explain or Antoine Guyot, and Monsieur Herve. illustrate the jurisprudence of England, are

These observations are offered with a view few in number, and may be found in the to account for the contemptuous manniet in authors we have mentioned. which the two foreign writers, cited above, It is not impossible but further enquiries speak of Littleton. They may also accouni, might lead to other interesting discoveries, in some mealure, for a circunstance which But the knowledg: absolutely necessary for has been a matter of some surprize, the to. every person to posiels wbo is to practise the tal filence of Sir Edward Cuke on the ge- law with cred i to himself and advantage to neral doctrine of fiefs. It is obvious, how his clients, is of so very abftrufe a nature, extremely desirous luis lordmip is upon and conprehends such a variety of different every occafion to give the reasons of the m:cters, that the utmost time, which the doctrines laid down by him ; and what compass of a life allows for the study, is forced, and sometimes even puerile reasons, 110c more thin sufficient for the acquisition he alligns for therm: yet thougli so much of of that branch of knowledge only : Itill less our law is supposed to depend upon feudal will it allow him to enter upon the immense principles, he lever once mentions the feu. field of foreign feudality. It were greatly dal law.

to be wished that some gentleman, poffe fred “ I do marvel many times, says Sir Henry of sufficient time, talents, and allivuity, Spelman, that my Lord Cuke, ado ning our would dedicate them to this study. Those l.w with so many florers of antiquity who have read the late Doctor GILBERT

and foreign learning, bath noc (as I sup. STEWART’s “ View of Society in Europe, pore) turned aside into this fi. ld, i. e. feu- o in its Progress from Rudeness to Refine. “ dal learning, from whence so many roots " ment,'' will lament that he did not purfue of our law liave, of wid, been liken and his enquiries on this subject. From such a " tranfplantcd. I with tome worthy would writer, a work on this subject might be ex66 jead them diligentiy, sod shew the several pected, at once entertaining, interesting, and " heads from whence those of ours are ta- instructive; but such a work is not to be

ken. They beyond the seas are not only expected from a practising lawyer. Whatdiligent, but very curious in this kind; ever may be the energies of his mind, bis " but we are all for profit and 'lucrando industry, his application and aclivity, he pane, taking what we find at market, will suon feel, that to gain an accurate and

[ocr errors]

extensive knowledge of the law, as it is produce that profound and recondite learning practised in our courts of justice, requires which he felt bimself to polless above all them all. Thus, on the one hand, the stu- others. In adopting this plan, he appears dent will find an advantage in some degree to have judged rationally, and consequently of research into feudal learning; on the ought not to be censured for a circumstance other, he will feel it necessary to bound bis inseparable from it. researches, and to leave, before he has made It must be allowed, that the fiyle of Sir any great progress in them, the Book of Edward Coke is ftrongly tinged with the Fiefs, and its commentators, for Littleton's quaintness of the times in which he wrote; Tenures and Sir Edward Coke's Commen- but it is accurite, exprellive, and clear. That tary.

it is sometimes difficult to comprehend his If it were proper to enter into a further meaning, is owing, generally speaking, to desence of Littleton, it might be done, by ob- the abAruseness of his subject, not to the serving, that it must be a matter of great obscurity of his language. It has allo been doubi, whetlier Hattoman ever law, or Gal- objected to him, that the authorities be cites zert more than law, the work thuy lo le- do not in many places come up to the docvereiy cenfure. Hotcoman, if he had read trines they are brought to support. There it, maybe think it ioelegant and absurd; but appears to he some ground for this observas he could not think it malicious, or indicative

tion, Yet it should not be forgot, that the of a disposition to flander. Gatzert says Lit- uncommon depth of his learning, and acutctieton specifies (wenty-five kinds of feudal nes of his mind, might enable bin to dirservices. It is probable, that by services be cover connections and consequences which meant tenures : if he did, it is obvious that escape a common observer. he confounded those chapters of Littleton It is sometimes laid, that the perusal of which trest of the nature of the feudal ettate, his Commentary is pow become useless, as with thole chapters which treat of the na- many of the doctrines of law which his ture of the feuiai tenure: in every other writings explain are become obsolete; and sense the word services, applied in this man- that every thing useful in him may be found ner to Littleton's work, is without a mean. more fylteniatically and agreeably arranged ing.- Besides, he mentions Latin edicions of in modern writers. It muft be acknow, Littleton, when no edition in that language ledgeil, that when he treats of those parts cver appeared.

of the law which have been altered fince his In fact, were it not for the general obser- time, his Commentary partakes, in a certain yations to which they naturally give rise, degree, of the obsoleteness of the subjects to neither the criticism of Hottoman nor that of which it is applied ; but even wbere tliis is Gatzert would have been noticed.

the cale, it does not often happen that the When Doctor Cowell, in his Law Dictiona. doctrines laid down by him do not ferve to ry, cited the palige in quettion from Hocto. illustrate other parts of the law which are man, it railed universal indignation, and he still in force. Thus,-there is no doubt but expunged it from the later editions of his the cases which now come before the courts book. It certainly was unjust to impute it of equity, and the principles upon which as a crime to Doctor Cowe!!, that he inlerted they are determined, are extremely different this citation in his work; but the mapner in in their nature from those which are ihe suba which it was received is a friking proof of ject of Sir Ecward Coke's researches. Yet the high estimation in which Lililetou's Trea- the great personages who have presided in tise was held.

those courts, have frequently recurred to the The reputation of Sir EDWARD, Coke's do&trines laid down by Sir Edward Coke, to COMMENTARY is not inferior to that of form, explain, and illustrate their decrees, the work which is the subject of it. It is Hence, though portions charged upon real objected in it, that it is defective in method. estates, for the benefit of younger children, But it Mould be observed, that a want of were not known in Littleton's time, and method was, in some respects, inseparable not much known in the time of Sir Edward from the nature of the undertaking. During Coke ; yet on the points which arise respecta long life of intense and unremitced appli- ing the vesting and payment of portions, no cation to the study of the laws of England, writings in the law are more frequently or Sir Edward Coke had treasured up an im- more successfully applied to than Sir Edward menfity of the most valuable common law Coke's Commentary on Littleton's Chapter learning. This he wished to present to the of Conditions. It may also be observed, that public, and chose that mode of doing it, in notwithstanding the general tenor of the prewhich, without being obliged to dwell on fent business of our courts, cases must frethose doctrines of the law which other au- quently occur wbich depend upon the most thos might explain equally well, he might abatrule and intricate parts of the ancient law. Thus the case of jacob v. Wheate He Phews, how the notorious and public led to the discussion of etcbeats and uses as transfer of property by livery of seisin was they stood before the statue of Henry VIII. fuperfeded, by the secret and refined mode and the case of Taylor v. Horde turned on of transferring it, introduced in consequence the learning of diffeisins,

of the statute of uses. We may trace in his But the most advantageons, and, perhaps, works the beginning of the disuse of reał the most proper point of view in which the actions; the tendency in the nation to conmerit and ability of Sir Edward Coke's writ. vert the military into focage tenares; and ings can be placed, is by confidering him as the outlines of almost every other point of the centre of modern and anc ent law. The molern jurisprudence. Thus his writings modern fyftem of law may be supposed to stand between, and connect the ancient and have taken its rise at the end of the reign of modern parts of the law, and by thewing king Henry VII. and to have affumed forne. their mutual relation and dependency, disco. thing of a regular form about the latter end ver the many ways hy which they refulve of the reign of king Charles II. The prin into, explain, and illustrate oue another. cipal features of this alteration are, perhaps,

Mr. Butler tben proceeds to give an ac. the introduction of recoveries ; conveyances

count of all the editions of Littleton's to uses ; the teftamentary difpofition by wills; Tenures with and without Sir Edward the abolition of military tenures; the statute Coke's Commentary, which, though efof frauds and perjuries; the establishment fentially necessary for him as an editor to of a regular system of equitable jurisdiction; infert, would not, we apprehend, be suf. the discontinuance of real actions ; and the ficiently interesting to the generality of mode of trying titles to landed property by our readers for us to extract. eje&tment. There is no doubt, but that, In addition to the great legal knowduring the above period, a material altera- ledge of the editors, they have received at fion was effected in the jurisprudence of this leait some affittance. Mr. Hargrave has country: but this alteration has been effected, been favoured with Lord Chief Justice not so much by superfeding, as hy giving a Hale's manuscript notes, and some various new direction to the principles of the old readings from MSS. by Sir William law, and applying them to new subjects. Jones; and Mr. Butler has in like manHence a knowledge of ancient legal learn- ner been affitted by the notes of Lord ing is absolutely necessary to a modern lawyer. Chancellor Nottingham and Lord Hale.Now Sir Edward Coke's Commentary upon Of the value of these notes fome estimate Littleton is an immense repository of every may be forned from the following memosbing that is most interesting or useful in the randum in Sis Thomas Parker's handlegal learning of ancient times. Were it not writing. for his writings, we should still have to search " The notes to this book, in my handfor it in the voluminous and chaotic compi- " writing (except one note in folio 26. b. lation of cafes contained in the Year-books; and some modern cases), were transcribed or in the dry, though valuable Abridgments “ from a copy of the lord chancellor Note of Statham, Fitzherbert, Brooke, and Rolle. tingham's manuscript noies, in the margin Every person, who has attempted, must be " of his loud Coke's Commentary upon fenfibie low very difficult and disgusting it is, Littleton, which copy was made for the to pursue a regular investigation of any point use of his son Heneage Finch, esq. foliof law through those works. The writings “ citor-general, afterwards earl of Aylesof Sir Edward Coke have considerably “ ford, and is now in the poffeffion of the abridged, if not entirely taken away, the honourable Mi Legge, to whole favour Beceffity of this labour.

" I am indebted for these notes. Bat his writings are not only a repository 5 The notes in a different hand-writing of ancient learning ; they also contain the were transcribed from a copy of lord chief outlines of the principal doctrines of molern “ justice Hale's MSS. notes in the margin law and equity. On the one hand, he deli- “ of Coke upon Littieton, presented by lord neates and explains the ancient system of “ Hale to the father of Philip Gytbon, efq. law, as it ftood at the accefiion of the Tudor " which copy was made for the use of the lie; on the other, he points out the leading “ honourable Charles Yorke, efq. his Macircumstances of the innovations which then jesty's folicitor-general. The book in began to take place. He thews the different " which the notes are in the hand-writing restraints which our ance lors imposed on " of Jord Hale, is now in the possession of tive alienation of landed property, the me. " Mr. Gybbon; and the book from which tbods by which they were ciuded, and the " these notes were transcribed by the favour various modifications which property received “ of Mr. Yorke, is now in his poffeffion. after the free alionarion of it was allowed.

05. T, PARKIR, 1758.'


After this general account, Mr. Butler an obligation of completing Mr. Hargrave's concludes with a very modeft, but we be- undertaking in all its parts. He thought, an lieve our readers will thirk with us, an imperfect execution of the remaining part of unneceffary apology for his taking up the work would be more agreeable to the the talk of an cailor on Mr. Hargrave's public than none; that to present them with relinquithing it.

the remaining part of the text of Littleton When it became generally known that and his Commentator, with some references Mr. Hargrave had relinquished the work, and some notes, would be an acceptable of. the present editor engaged in it; but he did fering to them. No other person appeared not engage in it while there was the fightest with any, and the present editor's perforprobability of its being undertaken by any mance does not prevent the exertions of any other perfon : and even then, he would not future adventurer. have engaged in it, if by doing so he incurred

r To be continued. /

A Poetical Tour in the Years 1784, 5, and 6, by a Member of the Arcadian Society

at Rome. 8vo. 35, 6d. Robion, 1787.

THIS Collection of Poems is not, as its Io thrilling verse the tale relate

tiile seems to intimate, a poetical de. Of injur’d Beauty's hapless fate, scription of places, or a narration of the Whole breast amid surrounding snow event of a journey ; but, as the author's The God of Love haad taught to glow, pretace expreffes it, “they are the effu. And such a melting strain effuse, fions of momentary impressions, written That maids and youths unborn thall muse on the very spots where those impressions O’er (ad Paulina's lot levere were received."

With horror's chill, and pity's tear ; Many of them have already been print. Dear Morry, thall my humbler rhime ed in Italy, being part (and by no Inform you how I pass my time means the least considerable part, either In this strange city, once so splendid, in quantity or value) of the celebrated Whose ancient glory now is ended? " Florence Miscellany," which was no- Whose modern precincts only fhow ticed with much approbation by the Ita- An union of sublime and low ; Tian Reviewers, and which certainly does of former pride revered remains, great credit to the ingenious writers who Baths, arches, theatres, and fanes; were concerned in it. The author evi- of present wealth a wondrous treasure dently posiekles the true poetical enthu-. For public use and private pleasure, fialm, and every page of his work bears the + Fountains that copious tides supply, marks of a warm imagination and a cul- Churches that with old temples vie, tivated taste.-Thefe poems are so exceed. So much magnificence and Itate ingly various in their kinds, that it is not In all the mansions of the great, pollible to give our readers any idea of Such marbles, pi&tures, statues, blended ! their nature by an extract. We shall, The wealth of nations seems expended; however, insert the following Poem as a Yet clamours of the hungry poor Specimen of this writer's manner in the Besiege the lordly palace door, familiar and sportive kind of verle; and And, illuing, my disgusted eye we will venture to say, that it will not Beholds such filth and misery, fuffer by a comparison with Prior's epiitle That beme my thoughts are ever turning, to Fleetwood Shepherd, or that of Soame With patriot recollection burning Jenyns to Lord Lovelace.

Of fortune's more diffusive (miles EPISTLE from Rome to ROBERT

Spread o'er the northern filter-ifles;

Roigh Industry, thy rich rewards, MERRY, Eff. at FLORENCE. Freedom grants, and Valor guards ! BENEATH Italia's southern sky,

As here each billock is renown'd, While you on Fancy's pinion fiy

And every alle---slafic ground, * To where o'er Ruflia's frozen plains First let the Muse obfervant tell 'Mid clouds and storms hoar Winter reigns, The spot in which I chance lodwell.

* In allufion to a Poem Mr. Morry was then writing; entitled “ Paulina, or the Rur. fian Daughter," and which is fince printed in England,

+ The fountains, which are very numerous and m.gnificent, form a distinguish'd part of the oruaments of modern Rome.


To the old Pincian's feepy fide

of Confanrixs, on his car of gold, The house adheres, so well applied,

Forgot his triumph, to hehold. | That from the ambitious tipper duor Alas! these feelings foron decay, I can whene'er I please explore

Each dear illuson hastes away. The place which Ease and Pleasure haunted Soon Appian and Flaminian stones When rich Lucullus built and planted : But serve to dislocate one's bones ; Or, from the hunibler gate below,

| And while I in the Forum trace Strait to the Campus Martius go,

Some ancient teniple's former place, Where weeping now her lowly state, Or where once spread the Curtian food, So wills inexorable Fate,

Or where the Roftrum proudly stood, Rom., mind!ul of her ancient reign,

li from the herd an ox (hould run, Sinking asham'd into the plain,

The sneering drivers think it fun Calls on those hills, her former pride,

To see him mar the whole connexion Her sad dejected head to hide!

Of my historical reflection ; At morn I ramble for:h to view

Or Punchinello draws a croud, Each curious object old and new.

Or streat-declaimers cry aloud, But think not I shall now presume

Or prieits entreat, or beggars bully, To write in verse a Guide to Ronse ;

Far other orators than Tully! Or scribble, to display my parts,

$ If to the Capitol I go, A volume on Antiques and Arts :

And seek its lofty Porrico, To study these 'twill better suit ye

Where Confuls fhunn'd the beams of day, * To read Nardini and Venuti,

Now coachmen (wear, and horses peigli, Or Winckelmann, who much unravels,

As stinking filh usurp the place Or any books—but modern Travels.

Which Still Odavia's culumos grace. What transports fill'd my glowing breast || If Tullian dungeons I descend When first this far-famed foil I prels'd! To mule on sad Jugurtha's end, How oft (I then exulting cried)

Who in that loathsome spot confin'd Will I by some old ruin's fije,

Six tedious days in famine pin'd; While Fancy, sweet enthufiaft! feeds Horror I call, a welcome guest, On tales of vast heroic deeds,

Awhile to agitate my breast: Devote to her the musing hour,

But soon th' historic fact is lost, Whose magic wand's commanding power

By bigot tales my mind is croft, More than Amphion's boasted lyre

How at th' Apostle's potent call Can bid each wall again aspire,

Baptismal streams sprang through the wall ; Till ancient Rome bcfore my eyes

And how by marks on yielding stone From this surrounding Chaos rise,

The hardness of his fcull is known. As erft the food, unhurt by time,

Who seeks the Claudian Tomb must pop When all her domes and tuwers sublime His head into a butcher's shop;

The house the author lived in at Rome is bụile against the side of Trinita del Montes the ancient Pincian Hill, where were the Gardens of Lucullus ; and the Piazza di Spagna at the foot of it, with the greater part of modern Rome, is in the old Campus Martius.

Nardini's Descrizione di Roma antica, Venuti's Descrizione Topografica delle Antichita di Roma, & Winckelman's Storia delle Arte, & Monumenti inediti.

+ Ammianus Marcellinus in his 16th book gives a very striking description of the sur. prize of Conftantius on viewing the most considerable buildings in his triumphal entry into Rome. Proinde Romam ingreffus imperii virtutumque omnium larem cum veniffet ad Rostra, perspectiflimum priscæ potentiæ forum, obstupuit, perque omne latus quo se oculi contulifient, miraculorum densitate præstrictus, &c.

I The Forum Romanum is now an ox market, and was originally a pool of water called Lacus Curtius from Metius Curtius the Sabine who fell into it in retreating from the Palatine to the Capitoline Hill; or from Marcus Curtius who voluntarily threw himself into it. Livy mentions boch stories, bu! with great reason seems to consider the latter as a romance. See Itt and ad book of ist Decad.

There are some remains of the Public Portico of the Capitol, and also of that of Octavia, filter to Augustus; but the former is converted into a stable, and the latter into a fith-market.

| Plutarch in the Life of Marius, mentions Jugurtha's being farved to death in the Carcer Tullianus, which is in more perfect preservation than any other ancient building in Rome. It is pretended, but with no probability, that St. Peter was also confined there. A {pring of water said by an iofcription to have been produced miraculously to baptize the jailor, and the impresion of the Apostle's head in the wall of the staircase are devoutly Thcwn as confirmations of it.


« ZurückWeiter »